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

Vol. 157 WASHINGTON, WEDNESDAY, JUNE 15, 2011 No. 86 House of Representatives The House met at 10 a.m. and was of country that has provided an exam- Graham Purcell led a rich, full, re- called to order by the Speaker pro tem- ple and an inspiration for many people, markable life. How many others can pore (Mr. NUGENT). including me. A man of deep faith, say that they shook hands with Win- f Graham possessed a generosity of spirit ston Churchill while serving as a sol- that extended to all aspects of his life. dier in Italy; had Vice President John- DESIGNATION OF SPEAKER PRO He was a member of the Greatest Gen- son come pick him and his family up at TEMPORE eration that saved the world from to- the airport just after he was elected in The SPEAKER pro tempore laid be- talitarianism and then came home to a special election to take them to the fore the House the following commu- build the most prosperous nation the Johnson home so they could stay for a nication from the Speaker: world has ever known. But Graham while until they had a chance to find a place of their own; or, on the last night WASHINGTON, DC, Purcell was also an individual who June 15, 2011. would stand out in any generation, ris- of President Kennedy’s life spent more I hereby appoint the Honorable RICH ing from humble roots to help make than an hour with him on the plane NUGENT to act as Speaker pro tempore on history. from Houston to Forth Worth, swap- this day. He was born in Archer County, Texas, ping stories back and forth, and then JOHN A. BOEHNER, on May 5, 1919. After high school, he was in the motorcade the next day Speaker of the House of Representatives. enrolled in Texas A&M, but the war when President Kennedy was assas- f came, and shortly after Pearl Harbor sinated; or, made numerous trips back he entered the Army, serving in Tuni- and forth to Vietnam to thank our sol- MORNING-HOUR DEBATE sia and in Italy, and earning, among diers for what they were doing there, The SPEAKER pro tempore. Pursu- other awards, the Silver Star. Even always stopping at a burn unit along ant to the order of the House of Janu- after he was discharged, he continued the way to make sure that those se- ary 5, 2011, the Chair will now recog- to serve in the Army Reserves for a verely wounded would know that their nize Members from lists submitted by number of years. When he returned country appreciated what they were the majority and minority leaders for from the war, he finished his degree at doing; or, at age 92, just a few weeks morning-hour debate. Texas A&M and then Baylor Law ago, offer important guidance and ad- The Chair will alternate recognition School. After practicing law for a few vice to one of his successors about the importance of putting the country first between the parties, with each party years, he was appointed judge for the ahead of party, ahead of personal con- limited to 1 hour and each Member 89th district court in Texas, and served siderations. other than the majority and minority from 1955 until 1962, when he resigned leaders and the minority whip limited Although Graham loved history—and in order to run for Congress in a special he certainly loved to regale family and to 5 minutes each, but in no event shall election. debate continue beyond 11:50 a.m. friends with some of his amazing sto- Serving in the House from January ries—he was also a person who was al- f 1962 until January 1973, Congressman ways looking forward. He was con- Purcell focused primarily on his work sumed by what kind of country would IN MEMORY OF GRAHAM B. on the Agriculture Committee, serving PURCELL, JR. be left to his children and his grand- as chairman of the Livestock Sub- children. And it was this focus on the The SPEAKER pro tempore. The committee. He also played a key role common good that dominated his life Chair recognizes the gentleman from in the Congressional Prayer Breakfast, story and really defined him as a man Texas (Mr. THORNBERRY) for 5 minutes. and served the people of North Texas and as a public servant. He and his Mr. THORNBERRY. Mr. Speaker, I with integrity and distinction for 11 wife, Nancy, have 8 surviving children rise today to inform the House that years. After Congress, Graham prac- as well as 25 grandchildren and 5 great one of our former colleagues, the Hon- ticed law and helped found a large law grandchildren, all of whom benefited orable Graham P. Purcell, Jr., has firm and then served as a visiting dis- from his loving care and will miss him passed away at the age of 92. trict judge in Texas. But in whatever greatly. Graham Purcell was a larger-than- capacity—soldier, judge, Congressman, Although Graham had many titles life figure who led a remarkable life of citizen—Graham was committed to and roles in his life, he knew that first service. Whether it was as a soldier in serving others. He and his wife, Nancy, and foremost he was a child of God. It World War II, a State judge, or a U.S. just recently received an award for was from this perspective that he Congressman, he served with a helping children in crisis in the Wich- lived—and it is in this assurance that strength of character and with a love ita Falls community. he now rests.

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

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VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.000 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4190 CONGRESSIONAL RECORD — HOUSE June 15, 2011 THE WAR ON DRUGS Our local budgets are straining like I yield back the balance of my time The SPEAKER pro tempore. The never before. And yet we see more ar- and urge us to solve the war on drugs Chair recognizes the gentleman from rests. It’s time that we question this by getting out of it. It is a war. It is a Tennessee (Mr. COHEN) for 5 minutes. policy, this war, knowing that insanity crime. Mr. COHEN. This past Friday, the is repeating the same thing over and f over again and expecting a different re- United States would have observed— MEDICARE ‘‘celebrated’’ would be entirely the sult. This is insane. For 40 years we’ve wrong word—the 40th anniversary of had this war on drugs. We’ve had a war The SPEAKER pro tempore. The the war on drugs. The war on drugs was on our own citizens. We’ve wasted mon- Chair recognizes the gentleman from initiated by President Richard Nixon. eys that can be used for better things. Louisiana (Mr. BOUSTANY) for 5 min- He said we can have a war on drugs 40 And we’ve treated what is a health utes. years ago. problem and a societal problem as a Mr. BOUSTANY. Mr. Speaker, over The fact is, 40 years later, we’ve law enforcement problem. It is a mis- 14 years in private practice in medi- spent nearly a trillion dollars on the take. We need to change our approach. cine, I had the great privilege to treat war on drugs. We have just as much Drug courts have been a successful many, many Medicare patients, thou- drug use in this country as ever before. way to deal with this problem. We have sands of Medicare patients. I did open We’ve incarcerated millions and mil- drug courts in my community that heart surgery, complex open heart sur- lions of people for victimless crimes. have been successful in getting people gery, lung cancer surgery, in times of And when we get people who sell drugs, to see a different approach to life—not great need, great difficulty for these which we need to do, all that happens a jail, but a different approach. Racial seniors who had paid many years of is like sharks teeth—they’re replaced disparities that I mentioned have been their payroll taxes into the Medicare by the next in line; somebody else tremendous. It is seven times more program with the hope and the recogni- wanting to make money from a pro- likely if you’re African American, four tion that this program would be there gram that the public endorses and sup- times more like if you’re a Latino, to for them, for their health care needs in ports. So the war on drugs has been a be arrested. These inequities run their later years. terrible mistake. throughout our drug policy program And I’ll tell you, in the ’90s, when I Now, don’t get the wrong impression. and need to directed. We corrected a was in the midst, at the peak of my I’m not suggesting that drug abuse and discrepancy between powder cocaine practice, it was not unusual, and in drug addiction is not a great problem and crack last year. It was 100-to-1 be- fact quite often patients would come that we must deal with. But our ap- fore we changed the law. It’s now 18-to- into the emergency room with a very proach in treating it as a law enforce- 1 in quantity. Still, it should be equal. difficult situation, without a primary ment matter and not as a health mat- And it results in racial disparities once care physician because they had not ter, a health care issue, has led to pris- again. had previous health problems. And on populations increasing, racial dis- b 1010 then what would happen is we would parities of the greatest source in this have to do emergency heart surgery on I have introduced legislation, the them, and once they got through all of Nation in the arrest process, and a lost Justice Integrity Act, which would generation of people with no education study those disparities and a Byrne this and got through the hospital stay, and no job prospects because those ar- Program Accountability Act which we could not find a primary care physi- rests haunt them for the rest of their would require States to do studies on cian to take them on, to treat their ev- lives. their racial disparities. The fact is law eryday problems with hypertension, Think about how many law enforce- enforcement makes arrests for these high blood pressure, diabetes, gout and ment resources have been wasted on crimes sometimes to justify getting things of that nature. drug arrests—nonviolent drug arrests— Byrne funds and getting funds from the I would get on the phone time and when policemen could be spending Federal Government for the purpose of time again and I would call family doc- their time working against violent getting money into their programs and tors and internal medicine physicians crime and crimes that are dangerous to not providing justice. and plead with them, Why can’t you people—robberies and murders and as- We need to have expungement laws take this one more patient into your saults and other offenses that are truly so that people who have had nonviolent practice? And it’s because the reim- important to the American public. It drug offenses can have their records ex- bursement situation for Medicare was has been estimated that the total punged and go on to get employment so bad even back then in the nineties criminal justice cost of marijuana ar- and have a successful life in America. I that if a physician took on too many rests for State and local governments have introduced the Fresh Start Act Medicare patients, they couldn’t meet is as much as $7.6 billion a year. That that says if you have a nonviolent Fed- their costs. That situation has gotten averages out to about $10,000 per arrest. eral offense and you’ve spent 7 years much worse today, in 2011. Think of all the serious criminals that and had a clean life, you can get your I could tell you that I have grave could have been arrested instead. record expunged. This needs to become concerns about the future of the Medi- I was shocked recently to read that the law and give people a second care program and what’s going to hap- the New York City Police Department chance. Otherwise, they can’t get jobs pen. And I’m not speaking as a Member arrested 50,000 people for low-level and they resort to crime. of Congress, I’m speaking as a physi- marijuana offenses last year. New York Medical marijuana is an issue that’s cian, as somebody who cared for many, City, 50,000 arrests for low-level mari- come up in this country and most many patients, who valued that doctor- juana offenses. This was more than States that have had the opportunity patient relationship. This situation during a 19-year period between 1978 to deal with it have passed it, mostly whereby families who have a loved one and 1996 combined. Marijuana use has by percentages of over 60 percent. I had on Medicare cannot find a primary care not skyrocketed in the last year, but a good friend named Oral James Mitch- doctor, this is a very serious situation arrests have ramped up. They use ar- ell. Oral James Mitchell was a Navy today and getting worse by the week. rests as a basis to get people, particu- SEAL and one of the strongest, tough- The bottom line is Medicare is in larly people of color, where it’s seven est, best friends I ever had. When O.J. trouble. I saw this as a doctor, and I times more likely you’ll be arrested if was 54, he got pancreatic cancer. Pan- see it now as a Member of Congress. you’re African American and four creatic cancer destroys a person, just Just a couple of facts. Over 10,000 times more likely you’ll be arrested if whittles them away. And a guy who baby boomers are reaching retirement you’re Latino, and more likely if was 210 pounds, who could do all those age every day, leaving fewer workers to you’re African American or Latino things the SEALs do, the hand-to-hand support them. We have an aging popu- that you’ll spend the night in jail than and the paratroops, he used medical lation. This is putting tremendous cost if you’re Caucasian, as a way to take marijuana, and his mother said, Thank pressure on this Medicare program. In people and arrest them and deprive God for the marijuana. It allowed Oral fact, the Medicare program, according them of what should be their basic civil to have a sense of humor and to eat. It to the Medicare actuaries, the trust rights to go around the city. worked. fund that provides the money for the

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.003 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4191 hospital program, is going to be out of DEBT CEILING debt ceiling would create fundamental money by 2024, and now, in fact, start- The SPEAKER pro tempore. The doubts about the creditworthiness of ing last year, more money was being Chair recognizes the gentleman from the United States and damage the spe- paid out than taken in to support this Vermont (Mr. WELCH) for 5 minutes. cial role that the dollar and the Treas- program. The Medicare actuary pre- Mr. WELCH. I thank you, Mr. Speak- ury securities have in the global mar- dicts that without changes to the cur- er. ket. Now, I understand the desire to rent law, something that was basically Members of the House, the default use the debt limit deadline to force not looked at when the health care law clock is ticking. We face a default on some necessary and difficult fiscal pol- was passed, in fact, it was assumed August 2 if we do not raise the debt icy adjustments, Mr. Bernanke said, that these certain cuts to physicians ceiling. Raising the debt ceiling is al- but the debt limit is the wrong tool for would occur in the law. In fact, what ways a difficult vote. It is difficult be- that important job. A few other people commenting on we know is that without any changes cause we have to do something that’s to the law, physician reimbursements this: necessary but not popular. JPMorgan CEO Jamie Dimon: A de- will fall from 80 percent of private Now, the question of the debt ceiling rates to 57 percent of private rates in fault would be a moral disaster. It will is about paying obligations already in- dwarf Lehman. Every single company 2012. curred. It’s not about giving this House with treasuries, every insurance fund, What does that mean? That means of Representatives permission to spend every requirement that—it will start that the situation for physician prac- more money. But what has happened snowballing, automatic, if you don’t tices will get even worse, whereby they with this debt ceiling debate is that it pay your debt. There will be default by can’t even meet the costs of their prac- is being used as leverage by both sides rating agencies. All short-term financ- tice. Therefore, they’re going to con- to try to get its way on a long-term ing will disappear. That’s Jamie Dimon tinue to limit their exposure to taking budget resolution, and the reality is of JPMorgan. on new Medicare patients. That means that this country needs both. It needs, The Chamber of Commerce: Failure access problems. That means Medicare number one, to have a long-term reso- to raise the debt ceiling would create patients cannot get access to physi- lution on its fiscal situation, but, num- uncertainty and fear and threaten the cians. ber two—this is the immediate need—it credit rating of the United States. We need real solutions to this. We has to pay its bills. Moody’s Rating Service on down- America is a great country. It has al- need fact-based solutions. We need an- grading America’s rating: Since the ways paid its bills, and the debt ceiling swers to the problem and not political risk of continuing stalemate has is about that and nothing more. Inci- grown, if progress in negotiations is rhetoric. So far, that’s all we’ve seen, dentally, those bills are ones that have not evident by the middle of July, such largely coming from the other side and been incurred by Congresses that many a rating action is likely. from the White House on this. In fact, of us were never part of. And it’s not a Fitch Rating Service: Failure to we’re on a path to see the bankruptcy question of whether it’s a bill that you raise the debt ceiling in a timely man- of this Medicare program if we don’t would have supported incurring the ex- ner would imply a crisis of governance act. pense for: the Iraq war, the Afghani- that could imperil the U.S.’s AAA sta- Now let’s take a step back and look stan war, the Medicare prescription tus. at what happened in the health care part D, the two cuts in taxes during the So we have two problems. We have a bill. This health care bill, which passed Bush administration, all of which were long-term problem that requires reso- without Republican support, cut over on the credit card. I was against those, lution, a long-term fiscal plan, but we $500 billion from this Medicare pro- but those are obligations that we have have an immediate problem, and that gram to expand coverage into a new en- and we must pay them. is to protect the integrity of America’s titlement, an extension of the Medicaid The risk of default is enormous. reputation for paying its bills. If we have a downgrade in our rating, program. We’re digging a deeper hole Every increase in the interest rate of 1 it’s going to affect the interest rates for ourselves without a way to pay for percent will cost the American tax- that we pay, and that’s going to hurt this. And now the plan calls for imme- payers $160 billion. The default clock is folks in Republican districts. It’s going diate 17 percent cuts in benefits for our ticking. to hurt folks in Democratic districts current seniors. Current seniors, not Now, 2 weeks ago the majority who have no power to do anything. people who are going to go on to Medi- brought to the floor a clean debt ceil- care in the future. Seniors who depend We must raise our debt. We must pay ing bill for the purpose of defeating it, our bills. on this important program today. and immediately upon bringing this f Another thing that’s in this bill, and bill to the floor and defeating it, with it’s not well-known, is a new bureau- unanimous Republican opposition and WE NEED TO GET PEOPLE BACK cratic entity that was created. There many Democrats voting no, Members TO WORK were many that were created in the went back to their offices and called The SPEAKER pro tempore. The health care bill, but there’s one that Wall Street and said, Just kidding. We Chair recognizes the gentleman from really bothers me as a physician. It’s will raise the debt ceiling but we want- Illinois (Mr. KINZINGER) for 5 minutes. called the Independent Payment Advi- ed to send a signal. Mr. KINZINGER of Illinois. Mr. sory Board. Okay. It sounds kind of in- b 1020 Speaker, last September President nocuous, but what does it do? It’s a 15- Obama referred to America’s small person board arbitrarily chosen that We are playing with fiscal fire here. businesses as the ‘‘anchors of our Main will make life-and-death decisions You know, it’s fine to negotiate, but Streets.’’ Unfortunately, economic about what things will be paid for negotiations cannot lead to default. data released on Wednesday proved under the Medicare program. Mr. Speaker, if we in this Congress, that the President’s actions speak with the Republican majority now louder than words. The failed policies Now, what is the recourse in all this? leading the way, fail to honor the Na- of the Obama administration have left This is an arbitrary decision-making tion’s obligations by making good on small businesses struggling. body, and you cannot dispute what this our responsibility to pay our bills, the According to the National Federation body is going to do. In fact, for Con- bond market will work its will and we of Independent Businesses, confidence gress to override it, it would take will lose our AAA credit rating, and we in small business has dropped into re- three-fifths of the Senate to override will do enormous damage to this econ- cessionary levels. And the reason? it. This is going to damage the doctor- omy. Small businesses will tell you that patient relationship. It’s bad for Medi- This is not about a Democrat or Re- their economic uncertainty is caused care patients. publican speaking. Let me quote Chair- by low sales, high taxes, and burden- I could tell you that Republicans man Bernanke and a few others who some government regulations. have an idea about how we’re going to commented on the urgency of paying Now, I hail from the State of Illinois. fix this. I can’t get into it now, and I’ll our bills. Chairman Bernanke just yes- Let me tell you a little story about Il- do it in a subsequent speech. terday said that failure to raise the linois. Illinois just went and raised its

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.004 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4192 CONGRESSIONAL RECORD — HOUSE June 15, 2011 personal income tax level and it raised and over and over and expecting dif- to lower costs, improve care, and keep its corporate tax level. So, as a result ferent results each time. But you’re the elderly from going bankrupt. of this, just a few days ago, we saw The going to get the same result. When this Now, it’s important to keep the de- Wall Street Journal put out an edi- body spends money, when we spend $800 bate on Medicare reality based. The torial which basically said Illinois has billion on a stimulus, we’ve got noth- fact is that when we passed the health raised $300 million in revenue because ing but a future of debt, doubt, and de- care law last year, the Republicans of the corporate tax increase. Oh, but spair. Well, I believe we have a future went around wildly screaming about however, because of the businesses in this country that’s prosperous, that death panels and scaring as many vot- threatening to leave Illinois, they’ve never accepts second best. ers as possible. It was all politics, and already spent $240 million in giveaways There’s a lot of youth watching here it was not true. to corporations to keep them there. today, but you have a job when you The fact is that the health care re- This idea, this thing that we’ve been graduate from college, a country that form had 165 measures in it to improve on over the last couple of years of tax, never accepts anything less than being Medicare. Medicare is about paying for borrow, and spend our way to pros- a world leader, and I believe we never doctors, nurses, hospitals, drugs. The perity isn’t working. I remember when ever accept second best. So when we health care law improved Medicare by the President’s economic—well, you talk about what to do in the future, we helping doctors focus more on taking know what? In my own home district, need to talk about the most important care of patients, by keeping nurses unemployment exceeds 11 percent in thing. We do have to rein in spending, from drowning in paperwork, by mak- many of the counties. People are ask- but we have to get people back to ing hospitals more efficient, and by ing me: What are you doing to create work, and more and more spending getting fairer prices for drugs. jobs? Well, I tell them this: Look, the isn’t going to do that. Federal Government can do one thing. f The Democrats worked with hos- We can create an environment for job pitals to improve the payments and, so, creation, but the Federal Government MEDICARE saved the country $157 billion in the doesn’t create jobs, and that’s been the The SPEAKER pro tempore. The hospital payments. The Republican problem, because in the last 2 years Chair recognizes the gentleman from plan did nothing to save Americans we’ve been counting an $800 billion Washington (Mr. MCDERMOTT) for 5 money. It just shifted the cost from the stimulus as a miraculous job recovery minutes. government onto Grandma and her bill. Mr. MCDERMOTT. Mr. Speaker, I kids. The Democratic health care law In fact, the President promised that rise today to talk about Medicare, saved $136 billion by reducing pay- by this time unemployment would be Medicare in a fact-based universe ments to insurance companies. The Re- 6.7 percent. How’s that working out? where truth matters. publican plan gave a runaway train of The President’s team promised that if With Medicare, people’s health is at money to insurance companies. we passed an $800 billion stimulus bill stake and their financial life is at The annual Medicare trustee report unemployment would never exceed 8 stake as well. Republicans and Demo- percent. We saw it approach 10 percent, came out last month, and it said that crats don’t agree on much these days, the new health care law was a sizable and now it’s back on the rise again. but most people agree that the long- Mr. Speaker, you don’t solve our jobs improvement to Medicare. $500 billion term deficits of this country are driven problem by spending more money, be- of savings and better care for more peo- by ever-rising health care costs. If you cause we spent money, and where are ple. Those are the facts. It’s what any the jobs? Where are the jobs? What we solve the problem of skyrocketing good company would do—increase qual- need to do is to understand that jobs health care costs, our deficit problem ity and lower costs. are not created by this body, but would largely go away. What to do is The Democrats have a plan for Medi- they’re created by the private sector, the problem. care, and we passed it in the Account- by the folks who get up every day and Democrats feel we have an unbreak- able Care Act last year. That’s why the they put their minds together. They able compact with seniors. Democrats Republicans want to repeal it. come up with an idea. They risk their think basic health needs of the elderly should be guaranteed and the elderly You’ve got to understand what all capital. They risk their financial well- this repeal talk is about. They want to being, and they hire somebody in hopes should never be driven into bank- ruptcy. Republicans think there is no get rid of the improvements that we that this dream that they have suc- made in health care. We cut money ceeds. In many cases, it doesn’t. A lot compact with the elderly and that bankruptcy is just natural economics. from one place that didn’t make sense of folks with an idea to begin a small and improved care for prevention, for business are not successful, but then So the Republicans have wanted to kill Medicare ever since it was passed other places for seniors. We knew what they get up and they try again. we were doing. But if you talk to any small business in 1965. As recently as 1993, Speaker owner, you talk to any manufacturer Gingrich said: We want it to wither on But the Republicans’ goal has always in the United States, they will tell you the vine. The craziest thing about the been to end Medicare as we know it. that the biggest impediment to job cre- Republican plan to kill Medicare is They have been very clear from 1964 ation is government regulation and that their plan does nothing to control right straight through Newt Gingrich taxation. costs. Despite all the Republican and through the Ryan plan. They don’t Is there really anybody that be- screaming about budgets and deficits, want to have a Medicare that guaran- lieves—now, I understand some people their plan does nothing to fix the sin- tees seniors’ security. They want to can argue we have to raise taxes to get gle largest problem that threatens the give them a little coupon and say: Now more money to government, funda- whole of our economic situation in this go find an insurance company that will mental disagreement, but I understand country. take care of you, Grandma. people can argue that. But is there b 1030 Think about that. anybody that truly believes that rais- What seniors really want is cer- ing taxes creates jobs? Is there any- The Republican plan is to give sen- tainty. When you get old, what you body who really believes that? And iors a coupon for about half their worry about is: How am I going to take what’s the number one issue we have monthly premium and then walk away. care of myself? And how am I going to right now. If you can’t pay the other half of the We want to take people, the almost premium, too bad, no health care for help my kids and leave a little some- 10 percent, the 9.1 percent of folks in you. If you can pay and it bankrupts thing to them? Am I going to have to this country that desperately want to you, too bad. Costs will continue to go to my kids and say: I can’t go to the have a job, we want to take them from skyrocket. doctor because I can’t pay for it? a tax recipient to a taxpayer because We Democrats think that the Ryan That Medicare card is their security. they want to be a taxpayer, too. wrecking ball is the wrong way to go. The Republicans want to get rid of it. The definition of insanity is doing Democrats are responsible stewards of We have already passed a plan to save the same thing over and over and over the Medicare system. Democrats want it.

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.007 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4193 BISHOP JOHN M. SMITH’S GOLDEN earned several degrees and got his doc- California (Ms. WOOLSEY) for 5 min- JUBILEE, 50 YEARS OF PRIEST- torate from Catholic University of utes. HOOD AND EXTRAORDINARY America in the sixties and was de- Ms. WOOLSEY. Mr. Speaker, a year SERVICE ployed as a pastor in the Newark Arch- and a half ago, we were promised a new The SPEAKER pro tempore. The diocese. way forward in Afghanistan, a way Chair recognizes the gentleman from Over the years, he has chaired or that would include a significant mili- New Jersey (Mr. SMITH) for 5 minutes. been the director of numerous boards, tary drawdown. The date for the rede- Mr. SMITH of New Jersey. Mr. including the Institute for Continuing ployment to begin was July 1, 2011, just Speaker, words are inadequate to con- Theological Education, the U.S. 2 weeks away. Then last year, the goal- vey my profound respect, admiration, Bishops Consultation IV, and the Arch- posts were removed and it was decided and gratitude for Trenton Diocese diocesan Vocational Board. He has also that, in fact, our troops would remain Bishop Emeritus John Mortimer served in leadership positions on the in Afghanistan through 2014. Bishops’ Committee on Migration and Smith, who celebrated his golden jubi- b 1040 lee, an amazing 50 years as a Catholic Refugee Services and served on the priest, on May 22 at a mass attended by board of directors for St. Vincent de But apparently that wasn’t enough. over 800 people at the St. Mary of the Paul Seminary, Notre Dame Seminary, Negotiations are now under way with Assumption Cathedral in Trenton, New St. Joseph College Seminary, Catholic the Karzai government—negotiations Jersey. Relief Services, St. Francis Medical that are happening apparently in se- The mass, concelebrated by several Center in Trenton, and Pontifical cret and without proper accountability bishops, including Bishop David M. North American College in Rome. I and transparency—for the construction O’Connell, now bishop of Trenton, and would note, parenthetically, he made of military bases in Afghanistan. Offi- several priests, including Bishop five humanitarian trips to Africa as cials are being very careful not to say Smith’s brother Father Andrew Smith, part of Catholic Relief Services’ mis- that these bases would be permanent, was filled with joy and reflection, be- sion there. but it’s clear that our government fitting acknowledgement of a great As bishop, his pastoral plan, Led by could be hammering out the details of servant of God. the Spirit, identified seven pastoral an agreement that would call for a U.S. In his moving homily, Cardinal Theo- priorities, including dealing with char- military presence in Afghanistan for as dore McCarrick noted that Bishop ity and justice, pastoral leadership, far as the eye can see. Smith is an ‘‘extraordinary brother ethnic diversity, youth and young I can’t understand the logic here, Mr. and an extraordinary friend. A man adult ministry, faith formation, and Speaker. Why can’t we grasp the very filled with faith, filled with zeal—zeal Sunday worship. Today, all 111 parishes idea that the longer we are perceived for the church, zeal for the people he in the diocese of Trenton are devel- to be an occupying power, the more re- serves, and, in a special way as a oping action plans to implement Led sentment we breed in Afghanistan? The bishop, zeal for his priests.’’ The car- by the Spirit. longer we’re there, the more we fuel dinal said we are called to ‘‘model Bishop Smith also created the Insti- the insurgency, the more we leave our Jesus Christ to our people and imitate tute for Lay Ecclesial Ministry, which troops vulnerable, the more we put our Christ. Mort Smith,’’ he continued, has formed and commissioned approxi- own national security in jeopardy. ‘‘has lived it well.’’ mately 100 people to date. He also up- Erecting permanent bases would be the Cardinal McCarrick brought smiles dated and expanded the strategic use of biggest favor we could do for the and laughter throughout the cathedral media to advance the gospel and the Taliban. when he said, ‘‘I’m not here to canonize culture of life and created Realfaith I salute my good friend and fellow Bishop Smith, although that may TV, an award-winning teen talk show. Californian, Congresswoman BARBARA come,’’ and then went on to call Bishop And he has boosted the Trenton dio- LEE, for her leadership on this issue, Smith ‘‘the world’s greatest kibitzer’’ cese’s online outreach to the Hispanic and I would urge my colleagues to con- due to his legendary penchant for tell- community to protect the sanctity of sider my legislation that would require ing stories, usually long, no usually human life and to reach an even wider the President to negotiate a Status of very long, and happily, usually very audience with news and commentary Forces Agreement that would clearly funny. published in the excellent diocesan prohibit the establishment of perma- Once when I was about to give an ad- newspaper, The Monitor. nent bases. dress at the St. Thomas More dinner in Faced with declining enrollment in Mr. Speaker, the outgoing Defense Trenton, I turned to Bishop Smith, the diocesan schools, largely due to es- Secretary, Mr. Gates, says we’re seek- seated with my wife and me at a table, calating costs, which include some 36 ing joint bases where the United States desperate for a joke. He gave me two, elementary schools and eight high acts as a tenant as opposed to an occu- and I, courtesy of his jokes, had them schools, Bishop Smith’s ‘‘Commitment pying force, but I don’t believe for a rolling in the aisle. Bishop Smith’s un- to Excellence’’ initiative established minute that the Taliban appreciates canny ability to infuse humor and benchmarks to make an already effec- the subtlety of that distinction. hope-filled lightheartedness into al- tive education program even better. most all things is not only enter- Mr. Speaker, my wife, Marie, and I As long as there are boots on the taining but makes presentation of the were among those offering prayers of ground, and not just boots but large in- gospel to an often confused and thanks at Bishop Smith’s jubilee mass. stallations with American trappings stressed-out world more efficacious. We rejoiced with his family and friends and English language street signs and Bishop Smith connects amazingly for his accomplishments that are with- so forth, the more we embolden the well with the youth. I have witnessed out number. We rejoiced over his bold, very radical forces we’re trying to de- it many times at schools and at the an- consistent, and compassionate commit- feat. nual Catholic Men’s Rally. Bishop ment to defending unborn children, We’re going exactly the wrong direc- Smith has an uncanny way of chal- their mothers, and the sanctity of life. tion, Mr. Speaker. At a moment when lenging everyone, especially our young We rejoiced and were inspired anew by the American people are crying out for people, to faithfully and courageously his life well lived. this military occupation to end, our live the gospel. And you know, it never And, Mr. Speaker, we gave thanks leaders look as if they are preparing to fails. Within a minute or two of being that, while his extraordinary ministry extend it into perpetuity. At a moment with Bishop Smith, you always find has changed in ‘‘retirement,’’ he is far when casualties are on the rise, we’re yourself smiling and your spirits lifted. from done. preparing for a long-term presence that For the many years that I have f will further endanger, not protect, known him, Bishop Smith not only ra- Americans. diates the love of Christ, but he works NOT AS OWNER OR TENANT: NO We can’t afford permanent war. It’s hard and smart. Often I don’t know MILITARY BASES IN AFGHANI- unsustainable. We can’t afford the cost where he finds the time. STAN in blood, treasure, lost credibility or Ordained a priest on May 27, 1961, he The SPEAKER pro tempore. The dwindling moral authority. It’s time to has really done it all. Bishop Smith has Chair recognizes the gentlewoman from bring our troops and our contractors

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.037 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4194 CONGRESSIONAL RECORD — HOUSE June 15, 2011 home and leave no military footprint Agriculture employs more than 21 funding for these essential programs, behind. million American workers and ac- both now and in the future. The Repub- f counts for 15 percent of the total U.S. lican Agriculture appropriations bill workforce. In fact, in my home State of reduces funding for essential rural de- ELDER ABUSE AWARENESS DAY Alabama, agriculture contributes near- velopment programs by $337 million The SPEAKER pro tempore. The ly $5 billion to the State’s economic below last year’s levels. These reduc- Chair recognizes the gentlewoman from sector every year. Any Agriculture ap- tions disproportionately impact loan New York (Ms. BUERKLE) for 5 minutes. propriations bill must take into ac- authority for 502 direct housing pro- Ms. BUERKLE. Mr. Speaker, I rise count the potential economic impact grams. today to call attention to the issue of and the strengthening of the agri- b 1050 elder abuse. Today is Elder Abuse culture sector that is needed for the Awareness Day. Hundreds of thousands 21st century. Without these loans, low-income of Americans each year are the victims I understand that we are making rural families could not find financing of elder abuse. According to the Na- very difficult budgetary decisions; options that would help them purchase tional Center on Elder Abuse, this however, I am concerned that the types homes and simply be able to live. number could be as high as 1 to 2 mil- of cuts proposed in this year’s Agri- This bill also seeks to reduce funding lion Americans. culture appropriations bill are ill-ad- for agriculture business and rural busi- Elder abuse, Mr. Speaker, is a broad vised and disproportionate. This bill re- ness grants by $20 million below last term for the victimization of seniors 65 duces the funding for agriculture re- year’s level. In a time of economic re- years and older. There is no one picture search programs, including the Agri- covery, we must continue to make of what elder abuse looks like. It can culture Research Service and the Na- strategic investments in small and be physical abuse, neglect, sexual tional Institute for Food and Agri- rural businesses, and not make reduc- abuse, emotional abuse or exploitation. culture, by over $354 million from last tions. The perpetration of elder abuse also year’s level. It is important that we who know varies—spouses, partners, caregivers in Now, I know that that’s a substantial better do better. Agriculture in our nursing homes, even neighbors. Our cut in very important research that global society is of the utmost impor- older elder Americans are especially must be done, both nationally and tance. As our global population in- vulnerable to abuse, particularly those within our individual States. In fact, creases, food security and adequate who suffer from dementia or other the National Institute for Food and Ag- food production will be necessary for mental diseases. riculture fulfills this mission by sup- our national security, economic devel- I find it unconscionable that the very porting research education and exten- opment, and our overall survival. It is people who fought for us in World War sion programs at land grant univer- my hope that all on both sides of the II and Korea, who nurtured us, who sities like those in Alabama like Au- aisle will pass an agriculture approps taught us, who built this society burn, Tuskegee, Alabama A&M Univer- bill that is both fiscally responsible, around us, would be victimized in the sity and others. We must preserve forward-thinking, and makes economic twilight of their lives. Our elderly citi- funding for each of these critical and sense. important investments in the future of zens have given us so much, and they f deserve our appreciation, our respect, agriculture research and food safety. Under this Republican appropriations NATURAL RESOURCES AND and most importantly, our protection, bill, food and nutrition programs like AMERICAN JOBS not just for what they’ve contributed, SNAP and child nutrition are funded at Mr. Speaker, but for the ways they The SPEAKER pro tempore. The nearly $2 billion less than the Presi- still enrich our society and enrich us as Chair recognizes the gentleman from dent’s budget. SNAP is an important a people. California (Mr. DENHAM) for 5 minutes. and essential program in these chal- This August my mother, Mr. Speak- Mr. DENHAM. Mr. Speaker, I rise lenging times for low-income individ- er, will turn 90 years old. Three years today to talk about natural resources uals who cannot afford to purchase ago, when my father died, she was lost. and whether or not they can create food for themselves and their families. She was particularly vulnerable. For- American jobs. The answer is yes; with Since the program was created, SNAP tunately for my mother, she has chil- oil production alone, 1.2 million jobs has literally saved millions of lives, dren, grandchildren and great-grand- between the three bills that Repub- and currently provides essential sup- licans passed out of committee and off children to help her and to support her. port to over 165,000 individuals in my But how many other Americans, elder- of the House floor; a total of 2 million district alone. jobs if you add in the American Energy ly folks are out there who don’t have The proposed funding for the Women, Independence and Price Reduction Act; that support system, Mr. Speaker? Infants and Children Food Assistance 2 million American jobs. Not only This is not a Democratic or a Repub- program, WIC as it’s known, is far could we be energy independent in our lican issue. This is an American issue. below what is needed to serve all those great Nation, but we can put Ameri- Our seniors, our elderly, deserve our individuals who are eligible for bene- cans back to work with 2 million jobs help. They deserve our protection. fits. WIC provides essential nutrition alone in this area. Please, as Americans, today is Elder to new mothers, babies and small chil- Abuse Awareness Day. Let us be par- dren under 5 that are nutritionally at We need to have States’ rights, al- ticularly aware of our most vulnerable, risk. lowing States to explore oil explo- our elderly citizens. Nearly 50 percent of the babies born ration or natural gas or utilize all of f in our country each year rely on WIC. their natural resources, whether you’re in Alaska and you want to drill in AGRICULTURE APPROPRIATIONS In Alabama, WIC provides assistance to over 140,000 individuals and over 25,000 ANWR, or you’re the Governor of Cali- The SPEAKER pro tempore. The just in my district alone. fornia and you want to pass Chair recognizes the gentlewoman from Contrary to popular belief, this pro- Tranquillon Ridge and clean up the old Alabama (Ms. SEWELL) for 5 minutes. gram is cost-efficient, and it serves oil wells off of the coast. States should Ms. SEWELL. Mr. Speaker, today I nearly 10 million people each year, have those rights to be able to do that rise in support of farmers and pro- costing less than $100 per person receiv- and to be able to put their own people ducers all across these United States, ing benefit. The lack of proper funding back to work in those States. and especially in the Seventh Congres- in this appropriations bill is yet an- The President’s policies on our nat- sional District of Alabama. As we de- other example of Republican attacks ural resources are just flawed. My bate and discuss issues surrounding the on hardworking families and children friends across the aisle continue to Agriculture appropriations bill, let us that definitely need assistance for nu- talk about the bills that come off of remain mindful of the enormous im- trition. I cannot stand idly by and let this floor, whether they create jobs or pact that the agriculture sector has this occur. not. This is indisputable, 2 million had on the United States and our world We must ensure that any appropria- jobs. You don’t have to like these jobs, economy. tions bill provides robust and adequate but nevertheless, they are American

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.010 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4195 jobs and it gives us our energy inde- ability to solve your own problems but money to rich people and to the cor- pendence. ignore the fact and don’t do so, we have porations—who are sitting on $2 tril- The President has said we have 2 per- an American problem with jobs. lion worth of cash—they’ll take care of cent of the world’s oil, but we utilize 25 As Republicans, we are willing to fix the problem. Oh, really? What are you percent of the world’s oil with our ve- that problem. We will continue to pass going to do, toll 150,000 bridges across hicles. Now I agree, we use 25 percent; these natural resources bills, but at the country in order to induce the pri- we’ve got a lot of cars on the roads, we some point we would ask our friends vate sector to come in and rebuild have a lot of goods movement, but 2 across the aisle to work with us. We them? Are you going to toll the exist- percent? The number is flawed again. will not solve California’s energy prob- ing interstate in order to bring it up to As we went through the Natural Re- lems or the Nation’s job issue without a decent system of good repair? sources Committee, we have over 65 addressing our natural resources. And transit systems, they all lose percent of the world’s natural re- f money. Now some on the Republican sources between natural gas, oil, and side say, well, we should just do away REPUBLICAN AGENDA LACKS oil shale, we just have to be willing to with transit systems, we don’t need COMMON SENSE go get it. So rather than going to those things. Come on, let’s have a lit- Brazil, rather than going to the Middle The SPEAKER pro tempore. The tle bit of common sense here. You want East and putting our troops at risk, we Chair recognizes the gentleman from to talk about saving fuel? Invest in ought to be self-sufficient and utilize Oregon (Mr. DEFAZIO) for 5 minutes. transit. You want to talk about cre- our own natural resources and put Mr. DEFAZIO. I appreciate the fact ating jobs? Invest in infrastructure. We Americans back to work in the process. that the gentleman who preceded me in have the strongest Buy American re- Now in my district, we’ve got natural the well talked about unemployment quirements in transportation and in- resource issues as well. We’ve seen tim- and creating jobs. I may not have frastructure as any program of the ber issues across the Nation. In Ari- agreed with his particular nostrums, Federal Government. We create more zona, we’ve seen catastrophic disasters but at least that’s one Republican jobs per billion dollars than anything with national forests. In my district who’s talking about creating jobs. else. Way more than the Defense De- we’ve got national or natural forests as Unfortunately, the Republican ma- partment—where they want to shower well. These national forests we’ve got jority, in the last 6 months of leader- all their funds—can be created in to manage better. We’ve got to be able ship in the House, has brought forward transportation. You can put Americans to take the fuel off of the forest floor. no bills to put Americans back to work to work; not only construction workers We’ve got to be able to harvest some of except they say do more of the same. who have horrible unemployment, not the timber. We’ll never catch up at this What? Yes, more of the same. only steel workers for the bridges, not point because our timber harvesting The last decade, George Bush dra- only people who maintain these sys- plants are so far behind. But neverthe- matically cut taxes—twice—decreased tems, but engineers, software engi- less, we’ve got to put Americans back regulations under the theory that that neers, people who make tires, people to work, we’ve got to put Californians would create jobs. Unfortunately, the who make rail cars, people who make back to work dealing with our timber facts are in. We had the worst job cre- streetcars. industry. ation post World War II in the last dec- And in the Central Valley, where we ade under George Bush and doubled the b 1100 have the largest abundance of ag pro- deficit and debt while doing it. It didn’t We are making street cars in Amer- duction, all of the fresh fruits, the create jobs. Trickle down economics ica for the first time in 70 years in Or- nuts, packaged salads, we have so doesn’t work. It didn’t work in the egon due to one of those horrible ear- many different things that California Reagan era. It didn’t work then. Com- marks they want to ban. We were buy- produces and yet we see some of the pare that to the Clinton era. We raised ing them overseas. Now we are making highest unemployment in the Nation. taxes, yes, particularly on rich people them in America. Is that bad? They As our national unemployment con- and big corporations. We actually bal- seem to think it is, and they want to tinues to escalate, we’re at 9.1 percent anced the budget, we paid down debt, decrease investment in these sorts of now, we’re double that in the Central we had 3.8 percent unemployment, and things that are proven job generators. Valley, and it’s a direct correlation to real incomes went up for the middle Now, I have to give the Obama ad- the water. One of our natural re- class. I’d love to go back to those ‘‘bad ministration a big fat D-minus on this sources, when you shut off the water to old days,’’ but no, it’s the Bush policies same issue. The so-called stimulus, the valley and only give it 10 percent of that will work, we’ve just got to do which they rightly criticize, which I the contracted allocation, you have 36 more of them. Reduce spending even voted against, $800 million, 40 percent percent unemployment. And in some more. of it was Bush tax cuts, which didn’t cities it’s even higher. When you go to Government can’t do anything to work for Bush and didn’t work for the food lines and you see Americans— create jobs, they say. Well, what about Obama. Now all the Obama administra- 44 percent unemployment in some cit- investing in the Nation’s infrastruc- tion is talking about is more tax cuts. ies—it seems un-American to not uti- ture? Who built the national highway Extending the payroll tax holiday on lize our natural resources. system? Who built the bridges? Who Social Security, that will put America So we have the ability in this great built the transit systems in this coun- back to work. Nation. We have the bills that we’re try? Who helped build the rail systems? Give me a break. These things passing off of this floor. What we need Who has maintained our ports and wa- haven’t worked. We need real invest- to do is have the will to move them terways? The Federal Government— ment. If you borrow money to build a through both Houses and encourage the sometimes in partnership with States bridge that lasts 100 years, at least you President to have American jobs—not or local government or the private sec- can look your kids and grandkids Republican jobs, these aren’t Repub- tor. But those investments pay off. straight in the eye when they say, lican jobs, not Democratic jobs, but And what do the Republicans want to what did you do with all that money, American jobs; putting people back to do? In the face of 150,000 bridges on the because I am still paying the bills 30 work; avoiding the natural disasters national highway system that are years from now. And you can say, we that happen with forest fires and the about to—or in the not-too-distant fu- built that bridge you drove over to go natural disasters we have with flooding ture—have the same fate as the bridge to work. We rebuilt that transit sys- when we don’t manage our water; cre- in Minneapolis, Minnesota that is col- tem that you took to work today. We ating clean energy in the process. But lapsed, they need either total replace- made America more competitive in the the most important issue, when you’ve ment or repair 150,000 bridges; 40 per- international economy with those in- got 9.1 percent unemployment and es- cent of the pavement on the national vestments. calating across the Nation, when highway system; $60 billion backlog on You have got to start distinguishing you’ve got double that in the Central our transit systems. between investments and wasteful Valley and continuing to escalate but They want to cut Federal investment spending. If you want to talk about you have the natural resources and the in transit. And they say if we give that cut-and-spend, then let’s talk about it.

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.012 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4196 CONGRESSIONAL RECORD — HOUSE June 15, 2011 Subsidies to people to not grow things, programs in ObamaCare, a fact that gram. Because of this program, she was $5 billion a year; another $15 billion a they have conveniently ignored while fingerprinted and found to be here in year in agriculture subsidies to grow they are consistently criticizing Re- an undocumented way. It was too late. surplus crops? Don’t want to touch publicans for so-called ‘‘cutting’’ care. Before she knew it, she was sent to an that one. Tax loopholes, giveaways to The plan put forth by President Obama immigration detention center in Santa the oil companies, let’s cut that. No, and the Democrats is a plan that cuts Ana. we can’t cut the tax subsidies to the oil Medicare for seniors today, and it It is stories like Isaura’s that are companies. leaves Medicare bankrupt for our fu- causing the DHS inspector general to You know, common guys, let’s get ture generations, our children and our investigate the Secure Communities real here. Let’s invest in America, in grandchildren. program. Washington State, Pennsyl- the American people, and put people Mr. Speaker, my diagnosis is that vania, and Washington, D.C., refused to back to work. We need a real program, American seniors should be worried join Secure Communities. New York, and you people have offered us nothing. only if we sit back and do nothing Illinois, and Massachusetts are sus- f about Medicare or accept the Demo- pending their participation in this pro- crats’ plan to gut it from sick and dis- gram, and California is discussing this DEMOCRATS HAVE WRITTEN THE abled seniors. We cannot allow it to as well. WRONG PRESCRIPTION FOR continue on its current path to insol- But that is only a first step. The con- MEDICARE vency, as the Democrats and President cerns about Secure Communities must The SPEAKER pro tempore. The Obama would have it. We need to sup- be properly and permanently ad- Chair recognizes the gentleman from port Medicare reform now so that we dressed. This is first and foremost Georgia (Mr. GINGREY) for 5 minutes. will have Medicare tomorrow, and that about public safety. The people on the Mr. GINGREY of Georgia. Mr. Speak- includes eliminating this rationing front lines of this program, our police er, I stand here today not just as a Con- board as soon as possible. officers, have expressed serious con- gressman, but as a physician with f cerns about its implementation. LAPD nearly 30 years of experience treating Chief Beck has noted that the program OPPOSE THE SECURE and interacting with patients. Wearing is causing a breach of trust between COMMUNITIES PROGRAM both of these hats has allowed me to the LAPD and our immigrant commu- understand our health care system at The SPEAKER pro tempore. The nities, hindering our officers’ duties to each end of the spectrum, and it allows Chair recognizes the gentlewoman from protect and serve all of our residents. me to say with absolute certitude that California (Ms. CHU) for 5 minutes. And the numerous reports of domestic the Democrats and President Obama Ms. CHU. I rise today in strong oppo- violence victims being detained have written the wrong prescription for sition to the Secure Communities pro- through this program are simply unac- Medicare. With 47 million Americans gram. I am for the stated goals of the ceptable. If a program is causing a vic- relying on our Medicare system and Secured Communities program. Any- tim of violence to fear reaching out for millions more to enter soon, it is abso- one who is undocumented in this coun- help, then that program is causing lutely irresponsible not to inform the try and who has been convicted of a se- more harm than good. public accurately of the facts about its rious violent offense should be removed Secure Communities has undermined current path if left unchanged. from this country, period. But I can’t our police departments’ mission of pro- The truth is, Mr. Speaker, when the support the program because of the sig- tecting the public, it has weakened President’s health care bill was signed nificant evidence that Secure Commu- protections against racial profiling, into law, it ended Medicare as we know nities is failing to achieve its goal. and it will have a chilling effect on im- it. According to the nonpartisan Medi- When you look at the numbers, near- migrants’ willingness to report crimes care Actuary, Medicare will run out of ly half of the undocumented individ- or provide useful information to the money in 2024. That is what, 13 years uals from my home county of Los An- police. from now. The Congressional Budget geles who have been taken into custody We must take a long, hard look at Office says it will be as soon as 2020, 9 through this program have not com- the negative effects of Secure Commu- years from now. mitted or been convicted of a serious nities. We must allow States to opt out House Republicans have chosen to violent offense, and that is a problem. of the program. We must protect the face the facts and responsibly proposed Take the story of Isaura Garcia, a 20- safety and welfare of all our residents a comprehensive plan for Medicare. year-old who suffered three turbulent and truly ensure that we will have The Republican budget saves Medicare years of abuse and beatings at the safer, more secure communities. by maintaining benefits as they are for hands of her boyfriend. In February, those 55 years and older, while also she finally found the courage to call 911 f strengthening it by bringing true for help. Earlier that day, her boy b 1110 choice and competition to maintain friend, Ricardo, had thrown Isaura and and save Medicare for our children and their 1-year-old daughter out of their SAVING MEDICARE for our grandchildren. apartment. When she came back to the The SPEAKER pro tempore. The Mr. Speaker, the Democrats’ plan for house to get her things, Ricardo Chair recognizes the gentleman from Medicare reform is included in the 2,400 showed up and it began again. He start- Connecticut (Mr. COURTNEY) for 5 min- pages of, you guessed it, ObamaCare, ed throwing things at her, and when utes. which is bad for American seniors and she tried to protect herself and her Mr. COURTNEY. Mr. Speaker, yes- bad for the country. Their plan empow- child she accidentally scratched his terday afternoon, Bloomberg News re- ers a panel of unelected bureaucrats to neck. leased an analysis, district by district ration senior health care. This panel After the 911 call, the police showed around America, of the highest con- will focus its cuts on the chronically ill up and put her boyfriend in cuffs, but centration of 45- to 54-year-olds. The and the disabled, these Medicare recipi- after they saw the scratches, they took reason they did this analysis was to see ents who need care the most because them off of him and put them on and focus on where the impact of the they use the most health care services. Isaura. Shocked at what was hap- Republican Medicare plan would land Health care rationing has never, Mr. pening, she fainted. At the hospital, the hardest. In the top 10 districts Speaker, has never been the American doctors found bruises covering her which they identified, the headline of way, but it certainly appears to be the body from the weeks and years of this article, which obviously is Democrats’ way. As a doctor, I know abuse. Despite being identified by a Bloomberg News, a nonpartisan news that the last thing patients need are doctor as a victim of domestic vio- service, was: Medicare Cuts Would Hit bureaucrats who are unanswerable to lence, she had been arrested as the Republican Lawmakers. Nine out of the public, indeed, even to the Con- abuser. the top 10 districts in America with gress, making health choices for them. After the arrest, Isaura landed in the that highest 45 to 54 concentration are The Democrats’ plan also allows for a L.A. County jail, which was partici- Republican districts. The 10th is the $500 billion raid on Medicare to fund pating in the Secure Communities pro- Second Congressional District, which I

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.014 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4197 have the honor of representing in east- We also heard that Medicare is going 67 classified as rape, 185 as inappro- ern Connecticut. broke, that it is going to be bankrupt priate touching, 13 as forced oral sex, Now, some may ask why was in 2024. If you read the trustees’ report, eight as forceful medical examinations, Bloomberg looking at the population of you will see, in fact, that it is a totally and 11 as ‘‘other.’’ 45- to 54-year-olds? Well, the Ryan misleading comment. What the trust- While this is not as widespread as Medicare plan radically alters the ees reported was that there are suffi- rape and sexual assault in the military, Medicare program, starting in 2022, for cient funds in the program to cover 90 it is yet another example where gov- people who today are 54 years old or percent of the costs of Medicare and, ernment has lacked in protecting the younger. Starting with that age group, starting in 2024, for at least another men and women in uniform who serve Medicare will no longer be a guaran- decade and a half. Now, that shortfall our Nation. One assault is one too teed benefit, but instead will be a is a problem. We should not have a 10 many. VA facilities should be a place voucher plan where Americans will be percent shortfall starting in 2024, but for aid and comfort, not for abuse. given an $8,000 payment and told, Good that is a manageable problem. We can The House Veterans Affairs’ Com- luck. Go out and buy insurance. make smart, intelligent changes to the mittee held a hearing on this issue just The Congressional Budget Office has Medicare program just like we have Monday. Congress must make it a pri- already analyzed what that means to done going back to 1965 when it was ority to hold the VA accountable and someone aged 54 today in terms of out- first enacted. ensure that this does not happen again. of-pocket costs. In fact, it would double Again, we have had, in fact, solvency As I said during my last speech on this the out-of-pocket costs for those 54 and reports and warnings from the trustees issue, I have set up an email account so below, in year one, who enroll in the that were much more dire in the ’70s, survivors of rape and sexual assault in Medicare program. Over time, we have in the ’80s, in the ’90s than the report the military can tell their stories. The an analysis which shows what the true that we saw 3 weeks ago. There is no address is: stopmilitaryrape@ out-of-pocket costs would be for 55- reason to scare people and panic people mail.house.gov. year-olds with a normal American life into butchering the Medicare’s guaran- Today, I want to share the story of expectancy. It would raise their out-of- teed benefit in the name of fiscal sol- Private Jessica Kenyon. Mr. Speaker, I pocket costs—these are additional vency for the Medicare program. We must warn my colleagues that some of costs—by $182,000. can make smart choices. We can make the language is raw. Private Kenyon So for anybody who is out there smart changes, but shifting the costs served in the Army from August 2005 today who is in that age group, you’d to people 55 and younger is not a solu- until August 2006. Her allegation is as better start saving up because you’re tion to the Medicare program. It ends follows: going to need a lot more retirement as- Medicare. During training at Fort Eustis, Pri- sets just to keep level with what an Now, within families with some who vate Kenyon’s teaching sergeant began American who turns 65 today gets are over 55 and some who are under 55, to harass her. He constantly touched under the Medicare program. her, and made sexual jokes and com- We have heard a lot from just, again, this will create two-tiered coverage. I ments to her. She did not believe it one of the speakers a few minutes be- can report to you of the Courtney Fam- would be effective to report the teach- fore, who was just making comments ily. I’m 58 years old, so purportedly, I ing sergeant, because her unit com- about Medicare’s going broke and that would get the old-fashioned benefit mander was openly misogynistic. He people 65 and up are going to be pro- under the Ryan plan, but my wife, Au- was known to say, ‘‘This unit never tected in terms of their Medicare. drey, who is a nurse practitioner—she had any problems until females came Wrong. The Ryan Republican plan is 51—will get the loser benefit. She is into it.’’ would immediately cancel new benefits going to have to start dishing out close In December 2005, while Private for seniors today, that they have start- to $200,000 in additional costs for her Kenyon was home for the holidays, she ed to enjoy, starting in January: an- retirement under this plan. was raped by a member of the Army nual checkups, cancer screenings, So you’ve got two-tiered coverage National Guard. At that point, she re- smoking cessation. even within families under the proposal I had a town hall back in Norwich, that we have with the Ryan plan. We ported both the sexual harassment by Connecticut, just a couple of days ago can do better as a great Nation to the drill instructor and the rape to an where I had a young primary care doc- guarantee coverage—with a reasonable Army sexual assault response coordi- tor who was talking about the fact that package that is smart and efficient to nator. The Army official advised her to the new annual check-up has allowed solve the Medicare program. We don’t put the rape ‘‘on the back burner’’ and her that extra time to spend with pa- need the Ryan plan, which will shift focus on the sexual harassment. Pri- tients, and she has detected three can- costs to patients and families in an un- vate Kenyon then discussed the rape cers because of the fact that she now fair fashion. with Command, who advised that it has the tools to do her job smartly and f would be used against her in pro- efficiently. motional reviews if she chose to pursue ANNOUNCEMENT BY THE SPEAKER The Ryan Republican plan would prosecution. PRO TEMPORE cancel that annual check-up coverage, After she reported the harassment which the Affordable Care Act kicked The SPEAKER pro tempore. Mem- and rape, she was ostracized and retali- in in January, along with cancer bers should not refer to occupants of ated against by her fellow soldiers. screenings and along with smoking ces- the gallery. This retaliation followed her to her sation—all smart, preventative, f next assignment at Camp Humphreys wellness-oriented care which will save in Korea. When she arrived, the ser- STOP MILITARY RAPE the Medicare program money, again, geant advised that he had received for people 55 and younger. This chart The SPEAKER pro tempore. The calls warning him about her. He then shows how the out-of-pocket costs Chair recognizes the gentlewoman from made a unit-wide announcement, cau- grow exponentially. California (Ms. SPEIER) for 5 minutes. tioning everyone that they ‘‘should be I see some young folks up in the au- Ms. SPEIER. Mr. Speaker, I rise careful who you talk to because they dience there. If you’re 15 years old, today to once again draw our attention might report you.’’ The sergeant and your out-of-pocket costs are going to to the epidemic of rape and sexual as- others engaged in the ongoing sexual be $711,000 higher than a 65-year-old’s sault in the military. harassment of Private Kenyon. today who is entering the Medicare But, first, I want to mention the dis- In the spring of 2006, one soldier—a program. turbing Government Accountability specialist and squad leader—sexually What this Ryan plan really amounts Office report released last week which assaulted Private Kenyon. He put his to is just simply a cost shift to pa- showed that patients and staff have hand under her shirt and on her tients and families. It does nothing to been raped and sexually assaulted in breasts, and tried to make her touch make a more efficient health care sys- the VA. There were 284 reports of sex- his penis. She fought him off. tem, and that is not a solution to the ual assault which occurred between Private Kenyon reported the assault problem. January 2007 and July 2010. There were to Command. The assailant denied the

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.016 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4198 CONGRESSIONAL RECORD — HOUSE June 15, 2011 sexual assault, and failed a lie detector time tax credit to small businesses PLEDGE OF ALLEGIANCE test as a result. He then recanted his that hire a full-time permanent em- The SPEAKER. Will the gentleman testimony and admitted to the harass- ployee this year. I have also introduced from Pennsylvania (Mr. PITTS) come ment. He was charged with ‘‘lying on a the Fairness to Veterans Act, which forward and lead the House in the sworn statement,’’ and was given only would extend Federal contracting pref- Pledge of Allegiance. a nonjudicial punishment. He was de- erences to veteran-owned small busi- Mr. PITTS led the Pledge of Alle- moted two ranks, but remained on ac- nesses. This bill is designed to honor giance as follows: tive duty. The assailant got to keep his the service of our Nation’s men and I pledge allegiance to the Flag of the job. Private Kenyon got Post-Trau- women in uniform as well as address United States of America, and to the Repub- matic Stress Disorder. the staggering 21 percent unemploy- lic for which it stands, one nation under God, For 16 years, Congress has been talk- ment rate among veterans returning indivisible, with liberty and justice for all. ing about this issue, and there have from Iraq and Afghanistan. f been 18 hearings and reports. Yet the I’m committed to working to fix our WELCOMING REVEREND DR. PHIL Department of Defense still testifies economy and making sure that the HOSKINS that there are 19,000 rapes that occur in Federal Government is a partner in job The SPEAKER. Without objection, the military every year, and we have creation, not an obstacle to it. To- the gentleman from Tennessee (Mr. done nothing about it. gether, we can grow our economy and ROE) is recognized for 1 minute. I urge survivors to tell their stories create private sector jobs and oppor- There was no objection. by writing to stopmilitaryrape@ tunity. Mr. ROE of Tennessee. Mr. Speaker, mail.house.gov. f today our guest chaplain is Dr. Phil f Hoskins, a native east Tennesseean. RECESS Dr. Hoskins attended East Tennessee b 1120 The SPEAKER pro tempore. Pursu- State University, Milligan College, and WORKING TOGETHER TO GROW ant to clause 12(a) of rule I, the Chair Andersonville Baptist Seminary, where OUR ECONOMY AND CREATE JOBS declares the House in recess until noon he earned his Doctor of Theology de- gree. For 12 years, Dr. Hoskins served The SPEAKER pro tempore. The today. Accordingly (at 11 o’clock and 23 as a full-time Southern Baptist evan- Chair recognizes the gentleman from gelist and has conducted over 400 reviv- Pennsylvania (Mr. FITZPATRICK) for 5 minutes a.m.), the House stood in re- cess until noon. als and crusades in 28 States and Can- minutes. ada. Mr. FITZPATRICK. The recent re- f Dr. Hoskins is now the pastor of lease of the May unemployment rate at b 1200 Higher Ground Baptist Church in 9.1 percent was a harsh reminder that a Kingsport, Tennessee. Since accepting jobless recovery is not a recovery at AFTER RECESS the pastorate of Higher Ground in 1991, all. I believe that in order for our econ- The recess having expired, the House he has helped his congregation grow omy to grow and small businesses to was called to order by the Speaker at from under 200 to well over 3,000 mem- create jobs, the first step must be to noon. bers. restore fiscal order to the Federal Gov- Dr. Hoskins is here today with his ernment. This year, our government is f wife, Brenda, and his two beautiful borrowing 42 cents of every dollar that PRAYER daughters, McKenzie Paige and Madi- it spends. In addition to burdening our son Jade. children and grandchildren with an Reverend Dr. Phil Hoskins, Higher It is a great honor to introduce Dr. enormous debt, such reckless spending Ground Baptist Church, Kingsport, Hoskins, whose dedication and commit- crowds out private investment and Tennessee, offered the following pray- ment to serving God and his fellow competes with small business for ac- er: man is unwavering. cess to capital. While reducing our def- Heavenly Father, we thank You for I would like to yield to my friend icit spending is an important first step the gifts of life and freedom. Thank from North Carolina, HEATH SHULER. to economic recovery, we can and we You for the blessing of citizenship in Mr. SHULER. I thank the gentleman must do more. the United States of America. from Tennessee. Since taking office, President Obama Today, I pray for our President and It is, indeed, an honor that you have has dramatically increased the regu- Members of the House and Senate. asked one of my dear friends, Phil Hos- latory burden on small businesses. In Lord, grant wisdom to our governing kins, to be able to come and preside 2010 alone, the administration has officials as they lead us during these over the House this morning and lead handed down 43 major new regula- challenging times throughout the us in prayer, a gentleman who baptized tions—the highest single-year increase world. Many have forgotten You and my wife, who administered the cere- on record. The President has also used many also have forsaken You, but mony that married my brother and his the regulatory process to block devel- today we turn to You and acknowledge wife. opment of vast domestic energy that You and You alone are the source So, Phil has meant absolutely every- thing to me and my family, and I love sources. This has led to costly burdens of our strength and security. him unconditionally. He has been a that prevent small business growth as Have mercy upon us, I pray. Now I man of great character, someone I can well as higher prices at the pump. claim the promise in Your word, as lean on, and I am jealous that you have While regulations can help protect written in the second book of Chron- him in your district. our environment, they should be based icles, chapter 7, verse 14: ‘‘If My people on common sense and not stifle who are called by My name will humble f growth. Recently, I helped a small themselves and pray and seek My face ANNOUNCEMENT BY THE SPEAKER manufacturer cut through months of and turn from their wicked ways, then PRO TEMPORE I will hear from heaven and will forgive costly Federal red tape that delayed The SPEAKER pro tempore (Mr. their sin and will heal their land.’’ expansion and hiring at his facility in BASS of New Hampshire). The Chair In Jesus’ name, amen. Bucks County, Pennsylvania. We must will entertain up to 15 further requests work to make sure that unnecessary f for 1-minute speeches on each side of and duplicative regulations do not the aisle. stand in the way of job creation in our THE JOURNAL f region and across our great Nation. The SPEAKER. The Chair has exam- Finally, we must proactively encour- ined the Journal of the last day’s pro- IRAQ WAR COSTS—WHO SHOULD age private sector job creation. I have ceedings and announces to the House PAY? been working, Mr. Speaker, on two his approval thereof. (Mr. POE of Texas asked and was pieces of legislation in this area. The Pursuant to clause 1, rule I, the Jour- given permission to address the House Hire Just One Act would provide a one- nal stands approved. for 1 minute.)

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.017 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4199 Mr. POE of Texas. Mr. Speaker, while Mr. PITTS. Mr. Speaker, a few days Mr. STUTZMAN. Mr. Speaker, I’d in Iraq last week with Members of Con- ago from this very Chamber, we heard like to honor a native member of Indi- gress, we not only met with our troops, the Israeli Prime Minister make clear ana’s Air National Guard today. Staff but we met with Prime Minister that Israel seeks a permanent peace Sergeant Andre Carboneau was re- Maliki. During our conversation, it was settlement with recognition of a Pales- cently awarded Indiana Air National suggested to Mr. Maliki that Iraq even- tinian state. He reiterated that Israel Guard Airman of the Year for 2010. The tually assume some of the costs for seeks peace with its neighbors. Unfor- honorable award is designed to recog- this war of liberation. tunately, some of its neighbors do not nize members that are hardworking, The war has cost billions of dollars feel the same way. are involved in the community, and and thousands of American lives. Since The charter of Hamas clearly states have continued to advance themselves we are rebuilding Iraq and have given that peaceful solutions are contrary to in education. After members compete them a free democracy, it seems only their beliefs. As a party, they stand for on a quarterly basis, they compete at right that Iraq at least consider paying the destruction of Israel, they glorify the State level to become the airman for part of the cost with future oil rev- the murders of women and children, of the year. enues. I was surprised that Prime Min- and even mourn the death of Osama bin Carboneau received his award Friday, ister Maliki reacted with an emphatic Laden. Despite these positions, Hamas May 20, at Victory Field in Indianap- ‘‘no way’’ to sharing the cost. Even Ku- was recently welcomed back in to the olis. He is from Warsaw, Indiana, and a wait helped reimburse the coalition na- Palestinian Government, and Egypt phase aircraft mechanic for 122nd tions when Saddam was driven from has opened the border to the Gaza Fighter Wing in Fort Wayne, Indiana. their lands. But not Iraq. They will not Strip. He is also a full-time student at Indi- hear of it. By no means should U.S. taxpayer ana State University, where he is ma- Later this same day, we learned that money go to support these murderers. joring in professional aviation. the Prime Minister had actually or- We cannot support a Palestinian Gov- I congratulate Staff Sergeant Andre dered the Members of Congress out of ernment that has no intention to live Carboneau for his achievements and Iraq. Looks like our questions to him peacefully with its free and democratic am proud of Indiana’s 14,700 members were a political IED. neighbor. We must stop sending hun- of the Indiana Army and Air National But as the date for our military dreds of millions of dollars in annual Guard. looms ever closer for departure, there aid until all parties in the Palestinian Our Nation owes endless gratitude to are reports the Prime Minister wants these men and women in uniform who our military to stay a little longer and Government recognize that Israel has a have devoted their lives to our security Americans to pay for it. Iraq should right to exist. and the preservation of our liberty. help pay for the nation that Americans f f rebuilt and liberated. TERROR GAP And that’s just the way it is. MEDICARE VOUCHER PROGRAM (Mr. QUIGLEY asked and was given f permission to address the House for 1 (Mrs. CAPPS asked and was given PRESIDENTIAL SCHOLARS minute.) permission to address the House for 1 (Mr. CICILLINE asked and was given Mr. QUIGLEY. Mr. Speaker, minute and to revise and extend her re- permission to address the House for 1 shockingly, individuals on the Federal marks.) minute.) terrorist watch list are not excluded Mrs. CAPPS. Mr. Speaker, I rise Mr. CICILLINE. Mr. Speaker, I rise from purchasing firearms in the United today in strong opposition to the Re- today to recognize and honor Presi- States. Quite simply, this means you publicans’ misguided attack on Medi- dential Scholars Dylan Neel of Moses can be on a terrorist watch list and be care and Medicaid. No matter what the Brown High School and Sol Taubin of prohibited from boarding a plane be- other side says, their plans for Medi- the Wheeler School for the academic cause we think you are a terrorist, but care and Medicaid will end them, leav- excellence. you can buy a semiautomatic weapon. ing them as nothing but a shell. Dylan and Sol have shown them- Last week, American-born al Qaeda This is a question of priorities. Which selves to be some of our Nation’s most spokesman Adam Gadahn urged the is the best choice? Either closing the distinguished graduating high school terrorist group’s followers to exploit doughnut hole so seniors, including seniors. They are two of only 141 stu- this ‘‘terror gap’’ in our gun laws. Our 7,000 in my district, don’t have to dents selected as U.S. Presidential enemies, intent on destroying Ameri- choose between their medications and Scholars from more than 3,000 appli- cans and our way of life, have made a paying the rent, or giving huge sub- cants. The U.S. Presidential Scholars calculated decision that Congress cares sidies to oil companies? program recognizes graduating high more about protecting the gun lobby Or this choice: telling people, includ- school seniors for academic excellence, than it does the safety of its citizens. ing 100,000 in my congressional district artistic accomplishments, and civic They are convinced we lack the cour- who are in their 40s and 50s, to hurry contributions. These young people rep- age and fortitude to close our gaping up and save another $200,000 each be- resent the great hope of our Nation’s loopholes and that their persistent fore they retire so they can pay for youth and the promise of the American campaign to strike again on our soil health care since Medicare’s guarantee education system. has new promise. is gone? I also want to recognize Jennifer I would love to stand here today and Or continuing tax breaks for million- Stewart and Christine Barry, who were say our enemy has grossly underesti- aires and billionaires? selected by Dylan and Sol, respec- mated us. I am not certain I can. My The Republican budget is not a plan tively, as their most inspiring and colleagues in Congress are now faced for our future. It’s a recipe for disaster. challenging teachers. I thank these with a critical opportunity to do the It ends Medicare and Medicaid, puts teachers for their dedication to our right thing and pass the most common- our seniors at risk. young people and our schools. sense of commonsense policies by clos- Stand up for our current and future I am pleased to join the White House ing the terror gap. Al Qaeda will be seniors. Say ‘‘no’’ to the Republican at- Commission on Presidential Scholars watching our response. tack on Medicare and Medicaid. and the United States Department of f Education in recognizing Dylan Neel f MR. PRESIDENT, WHERE ARE THE and Sol Taubin. b 1210 JOBS? f INDIANA AIR NATIONAL GUARD (Mr. HENSARLING asked and was HAMAS FUNDING AIRMAN OF THE YEAR: STAFF given permission to address the House (Mr. PITTS asked and was given per- SERGEANT ANDRE CARBONEAU for 1 minute and to revise and extend mission to address the House for 1 (Mr. STUTZMAN asked and was his remarks.) minute and to revise and extend his re- given permission to address the House Mr. HENSARLING. Mr. Speaker, we marks.) for 1 minute.) found out last week that new business

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.038 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4200 CONGRESSIONAL RECORD — HOUSE June 15, 2011 creation is at a 17-year low, and Ameri- ous infection for which they cannot you’re on Medicare, or expect to be on cans are asking, Mr. President, where just take a pill. But it requires special- Medicare in the next 12 years, you need are the jobs? ized equipment and supervision and to think about how you will finance Unemployment has now languished often lasts several hours a day over a your health care after that period. at the highest level since the Great De- period of several weeks. It’s very ex- And what is the President’s plan or pression, and Americans are asking, pensive for patients to get this care in the Democrat congressional plan? Mr. President, where are the jobs? a hospital. Sorry, there is no plan. One in seven families is now on food Although private plans have been When asked, Mr. President, why no stamps, and Americans are asking, Mr. covering home infusion therapy for plan when the law requires you to have President, where are the jobs? decades, Medicare still forces people to one? He said, and I paraphrase, that he The Bureau of Labor Statistics re- go to a hospital, where they also have would rather Republicans take the lead leased that the time it takes to get a increased risk for infection by going so he can demagogue ours. Never mind new job is at an all-time high, and there, and it costs thousands of dollars that ObamaCare takes one-half trillion Americans are asking, Mr. President, for delivery, as opposed to hundreds of dollars from Medicare to subsidize its where are the jobs? dollars when they get it at home. crazy schemes. House Republicans have a plan for That’s why today, Representative The Ryan budget plan that was America’s job creators to put the Na- ELIOT ENGEL and I are reintroducing passed here in this Chamber has the tion on a fiscally sustainable path to the Medicare Home Infusion Therapy only credible plan to save Medicare. It restore confidence, to make our Tax Coverage Act, so patients can receive ensures traditional Medicare coverage Code competitive, and to take the bur- the same treatment in the comfort and indefinitely if you’re over 54 years of den of regulation off our job creators so convenience of their home at a lower age. It provides for a choice among that American workers can get the cost. Our bill saves taxpayers money, many private plans with premium sup- paychecks they need and deserve. about $6 billion over 10 years. port based on financial need for those f Mr. Speaker, our proof is that this is who are under. It is time congressional one more way we can find significant Democrats and the President step up REPUBLICAN PLAN TO END savings in Medicare, or simply wait for on this vital issue. MEDICARE AND GUT MEDICAID the program to go bankrupt. And I f (Mr. SIRES asked and was given per- urge all of my colleagues to support b 1220 mission to address the House for 1 our bill to give patients better quality minute.) and better care at lower costs. THE TRUTH ABOUT MEDICARE Mr. SIRES. Mr. Speaker, the more we f (Ms. SCHAKOWSKY asked and was learn about the true impact of the ma- given permission to address the House MEDICARE AND MEDICAID jority’s plan to end Medicare and gut for 1 minute.) the Medicaid program, the more there (Mr. BACA asked and was given per- Ms. SCHAKOWSKY. Mr. Speaker, the is to dislike. mission to address the House for 1 more people know about the Repub- For starters, under their plan, sen- minute.) lican plan for Medicare, the less they iors will pay $6,000 more in annual out- Mr. BACA. Mr. Speaker, America’s like it. So it’s no wonder that the Re- of-pocket costs for health care serv- seniors have given a lifetime of service publicans are trying to prevent House ices. Current seniors will see higher to our Nation. It is our responsibility Members from telling our constituents costs on prescription drugs as a result to demonstrate the same commitment about the plan to end Medicare by ac- of reopening the donut hole, as well as to them by providing a safety net like tually censoring our mailings to our a spike in the price of preventative Medicare and Medicaid. own districts. care because free annual wellness visits Sadly, the Republican budget will The Democrats aren’t alone in saying will be eliminated. have a devastating impact on our sen- the Republican plan ends Medicare. Individuals who are 54 years of age iors, forcing many of them to sell their Tom Scully, former Bush administra- and younger, including 540,000 people in homes and rely on their children just tion head of Medicare, says the Repub- my district, will be denied access to to get by because they can’t afford lican plan ‘‘gets rid of the current Medicare’s guaranteed benefits. health coverage. Medicare program’’ and that it is ‘‘a Additionally, the majority’s budget In my district alone, the Republican fundamental structural change in the slashes Medicaid funding by $800 billion budget plan would throw out 3,200 program.’’ It’s so fundamental that be- over 10 years and converts the program Medicare beneficiaries into the pre- ginning in 2022 the out-of-pocket costs into block grants. Nearly 60 million scribed donut hole, eliminate preven- for enrollees would double, and they Americans that rely on Medicaid for tive care benefits for 56,000 seniors, would be forced to pick a private insur- their health coverage will be in jeop- deny 630,000 individuals aged 54 and ance plan without guaranteed benefits. ardy of losing their health care. younger guaranteed Medicare cov- Republicans can call their plan what- From my district in particular, their erage, jeopardize nursing home care for ever they want—sorta-care, maybe- plan will impair the health care of 1,100 seniors whose expenses are paid care, we don’t care—but they can’t call 21,000 dual eligible seniors who rely on by Medicare. it Medicare. They can try all they Medicaid to supplement their Medicare Yes, we must lower the deficit with want, but they can’t keep seniors from coverage, and 82,000 children who re- intelligent spending cuts, but it is learning the truth. ceive coverage under Medicaid. wrong to balance the budget by cutting This program that they introduced Mr. Speaker, given the current eco- vital service to American seniors. ends Medicare. nomic climate, now is not the time to Let’s preserve Medicare and Med- f be cutting valuable services to our icaid. Let’s work together, Republicans most vulnerable citizens. and Democrats, and find a solution. MEDICARE IS GOING BROKE, MR. PRESIDENT f f (Mr. BROUN of Georgia asked and MEDICARE HOME INFUSION BILL THE IMMINENT MEDICARE was given permission to address the (Mr. MURPHY of Pennsylvania asked CATASTROPHE House for 1 minute.) and was given permission to address (Mr. FLEMING asked and was given Mr. BROUN of Georgia. Mr. Speaker, the House for 1 minute.) permission to address the House for 1 this administration has failed to lead, Mr. MURPHY of Pennsylvania. Mr. minute.) they have failed to budget, and now Speaker, there are massive inefficien- Mr. FLEMING. Mr. Speaker, we are they have failed to produce any viable cies in Medicare that are causing the at a great turning point in history solution for saving Medicare. In fact, program to go bankrupt. One example when it comes to the survival of Medi- their solution is to let it go broke. is infusion therapy, or the intravenous care. The CMS actuary just informed In 13 short years, Medicare’s Hospital delivery of medication administered to us that Medicare will become insolvent Insurance Trust Fund will run com- patients suffering from cancer or seri- in just 12 years. That means that if pletely out of money. Bankrupting this

VerDate Mar 15 2010 23:46 Jun 15, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.022 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4201 program will leave many of our Na- The Army began June 14, 1775 as the anyone the main topic of conversation tion’s seniors high and dry and our fu- Continental Army. The Continental was where are the jobs and what is the ture generations without a health care Congress established the Army to co- state of the economy. program to depend upon. ordinate military efforts among the 13 Over and over, the small business And guess what? The Obama adminis- independent colonies. leaders told me that government regu- tration doesn’t care. Instead of making With victory in the Cold War, more lations and uncertainty are negatively Medicare reform a top priority, the ad- people and more countries today live in affecting their ability to grow and cre- ministration has passed the task off to democracy, freedom and peace than in ate jobs. Businesses are afraid to invest a panel of unqualified bureaucrats— the history of the world due to the suc- in the future due to the uncertainty in like it was busy work that they cess of America’s military. Promoting our Tax Code, the increased costs and couldn’t be bothered with. the values of loyalty, duty, respect, regulations stemming from the Afford- Mr. Speaker, Medicare is going selfless service, honor, integrity and able Care Act—which they can’t af- broke. That’s a reality this administra- personal courage, today’s soldiers rep- ford—and the increased burdens of an tion has to face. The program is al- resent the best of our Nation. out-of-control regulatory process that ready driving up the larger-than-life As the grateful son of an Army Air has stifled job creation. debt, and it will only get worse from Corps Flying Tiger and as a 31-year Just yesterday, the National Federa- here. I urge the administration to at veteran of the Army Reserves and tion of Independent Business released least present us with one option for fix- Army National Guard, I know first- their report showing a decline in opti- ing Medicare’s present money problem. hand the competence and patriotism of mism for small businesses for a third And if they can’t, the House GOP doc- servicemembers. Especially my wife, consecutive month. It has been 28 tors have plenty of suggestions of Roxanne, and I are grateful to have months since the ill-conceived stim- where to begin. three sons currently serving in the ulus passed and a year since June 2010 f Army National Guard. My youngest was declared ‘‘recovery summer’’ by son, Second Lieutenant Hunter Taylor the administration; yet 1.9 million REPUBLICANS ARE HIDING THE Wilson, was commissioned last month fewer Americans have jobs. This is why TRUTH ABOUT MEDICARE FROM an engineer through the Clemson Uni- we need to get our fiscal house in THE PUBLIC versity ROTC. order, cut spending, repeal the Afford- (Mr. YARMUTH asked and was given In conclusion, God bless our troops, able Care Act, and end onerous regula- permission to address the House for 1 and we will never forget September the tions. minute.) 11th in the global war on terrorism. The Republican majority gets the Mr. YARMUTH. Mr. Speaker, before I f message, and everything we’re doing is came to Congress, I was a newspaper to create a climate where we can ex- editor in Louisville, Kentucky. And as CENSORSHIP BY FRANKING pand and create jobs in America. COMMISSION an editor, my job was to make sure f that our stories revealed the truth and (Mr. CONNOLLY of Virginia asked 1230 made things easier to understand for and was given permission to address b our readers. Right now, the Republican the House for 1 minute and to revise EMPOWERING BUSINESSES TO GET majority in Congress is editing to ob- and extend his remarks.) ECONOMY GOING scure the truth and to hide the facts Mr. CONNOLLY of Virginia. Mr. (Mr. DOLD asked and was given per- from the American people. Speaker, I rise today to object to the mission to address the House for 1 Ever since a Republican candidate in majority Franking Commission’s exer- minute and to revise and extend his re- New York lost a special election in a cise in blatant and transparent censor- marks.) heavily Republican district because she ship on a Medicare mailing I and other Mr. DOLD. Mr. Speaker, it is no coin- supported the reckless GOP plan to end colleagues of mine wish to send to our cidence that Illinois’ corporate tax rate Medicare, the majority in this body has constituents. is the fourth-highest in the Nation and been petrified about what it might I’m not allowed to call it the ‘‘Ryan yet ranks 48th in economic perform- mean for their political careers if the budget’’ even though the Republicans ance. Businesses, big and small, can no American people actually found out called it the Ryan budget, because, of longer afford to keep their doors open the truth, and they are doing every- course, it has become unpopular. I’m and hire more workers when they face thing they can to hide the truth. not allowed to refer to changing Medi- a 45 percent tax increase. The Republican-controlled Franking care to a voucher system even though If we are serious about creating jobs, Commission—which controls content of Mr. RYAN himself referred to it as a then we must stop allowing the govern- mailings from congressional offices—is voucher system. I must now call it a ment to pick winners and losers in to- now dictating that any reference to the ‘‘premium support system.’’ day’s economy. In order to create eco- end of Medicare be cut out from cor- These changes, among many others, nomic certainty, we must have a level respondence. Whenever the word ‘‘end’’ are censorship at its worst. When we playing field and clearly defined rules is used, they say we have to use the don’t like something, when it’s not that don’t change halfway through the word ‘‘change.’’ They won’t let the going well for us on the majority side, game. We need to encourage businesses truth be told. But the truth is, if you we suppress it. This censorship would to invest and to expand here at home. have eliminated something, you make former Soviet censors blush at One way that we can do that is through haven’t changed it. You can’t change the breathtaking nature and sweeping corporate tax reform, eliminating tax something that has been killed. That’s scope of the suppression of free expres- loopholes that currently exist in the what the American people need to sion, of free ideas here in the Nation’s system. know. That’s what the Republican ma- Capitol. One thing is clear: Increases in taxes jority is trying to hide, but they will f without spending reform cannot work. not deceive the American people. It is time that we start to empower REPUBLICANS WORKING TO businesses to get our economy moving f CREATE JOBS again. Illinois has lost 750,000 manufac- HAPPY 236TH BIRTHDAY TO THE (Mr. BUCSHON asked and was given turing jobs over the last decade. Now is U.S. ARMY permission to address the House for 1 the time we have to focus on job cre- (Mr. WILSON of South Carolina minute.) ation. asked and was given permission to ad- Mr. BUCSHON. Mr. Speaker, I rise f dress the House for 1 minute and to re- today to talk about jobs. vise and extend his remarks.) Last week, during the district work A REAL, ACTIONABLE JOBS PLAN Mr. Speaker, yesterday marked the period, I met with local business lead- FOR AMERICA IS NEEDED birthday of the United States Army; ers, toured businesses throughout my (Mr. QUAYLE asked and was given 236 years ago, the United States Army district, and listened to their concerns. permission to address the House for 1 was established to defend our families. It should not come as a surprise to minute.)

VerDate Mar 15 2010 02:50 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.024 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4202 CONGRESSIONAL RECORD — HOUSE June 15, 2011 Mr. QUAYLE. Mr. Speaker, earlier HONORING JIM SACKETT Drug Administration, and Related this week, President Obama made a (Mr. ROONEY asked and was given Agencies programs for the fiscal year joke about his so-called stimulus pack- permission to address the House for 1 ending September 30, 2012, and for age. Remember those shovel-ready minute.) other purposes, with Mr. BASS of New projects we heard so much about? They Mr. ROONEY. Mr. Speaker, I rise Hampshire (Acting Chair) in the chair. were one of the major selling points for today to honor Jim Sackett, who this The Clerk read the title of the bill. the package. Well, the President now week announced he is retiring after 33 The Acting CHAIR. When the Com- says they ‘‘were not as shovel-ready as years in remarkable service as the an- mittee of the Whole rose on Tuesday, we expected.’’ I am sure some got a chor of WPTV News Channel 5 in West June 14, 2011, a request for a recorded good chuckle out of that line, but there Palm Beach. vote on the amendment offered by the is nothing funny about a $1 trillion I have enjoyed Jim’s newscasts since gentlewoman from California (Ms. failure. my family moved to Palm Beach Gar- RICHARDSON) had been postponed and The economic policies this adminis- the bill had been read through page 26, tration has pursued have failed to cre- dens in 1984. In high school, I wanted to go into the news business and actually line 17. ate jobs, and they have made matters The Clerk will read. worse for our economy. In many of our interned under Jim at Channel 5. I learned a lot that semester watching The Clerk read as follows: home States, the economic situation is NATURAL RESOURCES CONSERVATION SERVICE bleaker than the national picture. In Jim, whose commitment to balanced CONSERVATION OPERATIONS my hometown of Phoenix, Arizona, our news reporting set a high standard for other newscasters. His dedication to For necessary expenses for carrying out unemployment rate is higher than the the provisions of the Act of April 27, 1935 (16 national average, and we have lost quality news coverage has earned him both a Telly and an Emmy. U.S.C. 590a–f), including preparation of con- thousands of manufacturing and retail servation plans and establishment of meas- jobs over the last 2 years. We also have Before he began his career in jour- ures to conserve soil and water (including a housing market that has collapsed. nalism, Jim served his country honor- farm irrigation and land drainage and such Mr. Speaker, we will never get our ably for 5 years in the United States special measures for soil and water manage- economy growing again unless we see Army. He continues to serve our com- ment as may be necessary to prevent floods drastic improvements in unemploy- munity, where he is active in several and the siltation of reservoirs and to control ment and our housing sector. Our coun- organizations, including Big Brothers agricultural related pollutants); operation of try is at our best when we unleash the and Big Sisters. Jim is widely recog- conservation plant materials centers; classi- nized for his ‘‘Thursday’s Child’’ fea- fication and mapping of soil; dissemination ingenuity of the American people. The of information; acquisition of lands, water, Republican Conference has a real and ture, which for 30 years profiled chil- and interests therein for use in the plant ma- actionable jobs plan that will put dren to help them find forever adoptive terials program by donation, exchange, or America back to work, that will give parents. purchase at a nominal cost not to exceed $100 our entrepreneurs and innovators free- Jim, thank you for your service and pursuant to the Act of August 3, 1956 (7 dom from the regulatory burdens and your contributions to our community. U.S.C. 428a); purchase and erection or alter- high taxes that are holding them back. You are truly a pillar of the Treasure ation or improvement of permanent and tem- We must take action to get this econ- Coast and Palm Beach County. porary buildings; and operation and mainte- omy going again, and that is what our nance of aircraft, $770,956,000, to remain f available until September 30, 2013: Provided, plan does. President Obama’s speeches, That appropriations hereunder shall be policies, and council meetings are not RECESS available pursuant to 7 U.S.C. 2250 for con- enough. The SPEAKER pro tempore. Pursu- struction and improvement of buildings and f ant to clause 12(a) of rule I, the Chair public improvements at plant materials cen- ters, except that the cost of alterations and REPEAL AND REPLACE THE declares the House in recess until ap- proximately 1 p.m. today. improvements to other buildings and other PRESIDENT’S HEALTH CARE PLAN public improvements shall not exceed Accordingly (at 12 o’clock and 34 (Mr. HULTGREN asked and was $250,000: Provided further, That when build- minutes p.m.), the House stood in re- given permission to address the House ings or other structures are erected on non- cess until approximately 1 p.m. for 1 minute.) Federal land, that the right to use such land Mr. HULTGREN. Mr. Speaker, I rise f is obtained as provided in 7 U.S.C. 2250a. today to recall a promise that we heard WATERSHED REHABILITATION PROGRAM b 1303 many times from this President and Under the authorities of Section 14 of the his administration: that under his AFTER RECESS Watershed Protection and Flood Prevention health care law, if you like your insur- Act, $15,000,000 is provided. The recess having expired, the House AMENDMENT NO. 10 OFFERED BY MR. BROUN OF ance, you can keep it. Unfortunately, was called to order by the Speaker pro it seems that that promise was an GEORGIA tempore (Mr. BROUN of Georgia) at 1 Mr. BROUN of Georgia. Mr. Chair- empty one, and it will affect millions o’clock and 3 minutes p.m. of Americans. man, I have an amendment at the desk. A recent study from McKinsey & f The Acting CHAIR. The Clerk will Company found that due to the law, at designate the amendment. AGRICULTURE, RURAL DEVELOP- The text of the amendment is as fol- least 30 percent and perhaps as many MENT, FOOD AND DRUG ADMIN- as half of employers say that they will lows: ISTRATION, AND RELATED probably or definitely stop offering Page 27, line 23, after the first dollar AGENCIES APPROPRIATIONS health care coverage to their employ- amount, insert ‘‘(reduced by $15,000,000)’’. ACT, 2012 ees after 2014. These are astounding Page 80, line 2, after the first dollar statistics, and they reveal the fallacy The SPEAKER pro tempore. Pursu- amount, insert ‘‘(increased by $15,000,000)’’. we heard so frequently that if you like ant to House Resolution 300 and rule The Acting CHAIR. The gentleman your plan, you can keep it. XVIII, the Chair declares the House in from Georgia is recognized for 5 min- With every passing day we find out the Committee of the Whole House on utes. more and more what is in the Presi- the state of the Union for the further Mr. BROUN of Georgia. Mr. Chair- dent’s health care law, and we find out consideration of the bill, H.R. 2112. man, my amendment would eliminate that it hurts middle class families and one of the 20 different conservation 1304 small business owners, holding back b programs USDA currently operates, our economy and killing job creation. IN THE COMMITTEE OF THE WHOLE the water rehabilitation program. The This study is just one more reason for Accordingly, the House resolved chairman of the subcommittee, my the House to redouble its efforts to re- itself into the Committee of the Whole good friend from Georgia, has stated peal this law and replace it with legis- House on the state of the Union for the during debate on funding for agri- lation that will control the cost of further consideration of the bill (H.R. culture programs that he hopes to see health care while preserving individual 2112) making appropriations for Agri- a reduction in the number of Federal freedoms. culture, Rural Development, Food and programs included in this bill.

VerDate Mar 15 2010 02:50 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.026 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4203 I understand that some of my col- I would just simply say, if you care employees: Provided further, That any bal- leagues have a vested interest in this and you believe that infrastructure is a ances available from prior years for the program, but when we have a program part of our responsibility, if you be- Rural Utilities Service, Rural Housing Serv- that is funding projects in only a hand- lieve that protecting every life below ice, and the Rural Business-Cooperative Service salaries and expenses accounts shall ful of States, we must take a long, hard that dam all the way to the ocean is be transferred to and merged with this ap- look at our priorities. important, and the property, then this propriation. Mr. Chairman, even the President did is a wise, small use of resources. What RURAL HOUSING SERVICE not request funding for this program. my friend attempts to do here is to RURAL HOUSING INSURANCE FUND PROGRAM It cannot be understated that we are zero out the whole program. No money ACCOUNT facing unprecedented fiscal challenges for rehab this year. No money for rehab (INCLUDING TRANSFERS OF FUNDS) in our Nation. We just simply have to this year. For gross obligations for the principal stop spending money that we don’t b 1310 amount of direct and guaranteed loans as au- have, and we have to start creating That would be a travesty. That would thorized by title V of the Housing Act of jobs out in the private sector. My 1949, to be available from funds in the rural amendment, by cutting this program, be a tragic use of resources in the past. housing insurance fund, as follows: will help to stop the bleeding economi- It’s important, I think, that we con- $24,845,666,000 for loans to section 502 bor- cally that we’re having. The con- tinue this program. rowers, of which $845,666,000 shall be for di- sequences of failing to reduce spending Mr. KINGSTON. Will the gentleman rect loans, and of which $24,000,000,000 shall and the deficit jeopardize the current yield? be for unsubsidized guaranteed loans; and Mr. LUCAS. I yield to the gentleman $58,617,000 for section 515 rental housing and future stability of our Nation. loans. I urge my colleagues to support my from Georgia. Mr. KINGSTON. As the chairman of For the cost of direct and guaranteed amendment. loans, including the cost of modifying loans, Mr. Chairman, I yield back the bal- Agriculture knows and is fully aware, I as defined in section 502 of the Congressional ance of my time. wanted to underscore the point that Budget Act of 1974, as follows: $40,000,000 for Mr. LUCAS. I move to strike the last you just made that the ordinary man- 502 direct loans; and $20,000,000 for repair, re- word. datory authorization for this program habilitation, and new construction of section The Acting CHAIR. The gentleman is $165 million. That has been zeroed 515 rental housing: Provided, That of the from Oklahoma is recognized for 5 min- out, and the only thing we’re doing this total amount appropriated in this paragraph, utes. year is this $15 million. And so even at the amount equal to the amount of Rural the current $15 million level, it’s still Housing Insurance Fund Program Account Mr. LUCAS. Mr. Chairman, I rise funds allocated by the Secretary for Rural today in opposition to this amendment, 150 less than it ordinarily has been. Economic Area Partnership Zones for the fis- and I think it might be worthwhile to Mr. LUCAS. I would say, reclaiming cal year 2011, shall be available through June explain for just a moment what the my time, that the gentleman is right. 30, 2012, for communities designated by the small watershed program is and what This is a dramatic reduction over what Secretary of Agriculture as Rural Economic the small watershed rehabilitation pro- had been expected during the farm bill. Area Partnership Zones. gram is all about. Yet this $15 million will do tremendous In addition, for the cost of direct loans, These were efforts begun in the 1940s work, and it is allocated on a 65–35 cost grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $12,500,000, to remain and 1950s by this body in an effort to basis. Local and State government available until expended, for direct farm address flooding conditions. Under this have to come up with more than a labor housing loans and domestic farm labor program, 10,000 small earthen dams third of the money to be able to imple- housing grants and contracts: Provided, That were built across the country, working ment these rehabilitation programs. any balances available for the Farm Labor in interlocking series to prevent down- For a few pennies, we do a great deal Program Account shall be transferred and stream flooding by capturing flood wa- across the country based on need, not merged with this account. ters at the source. anyone’s political priorities but based In addition, for administrative expenses Now, like anything after 50 years, its on need. This is an exceptional pro- necessary to carry out the direct and guar- anteed loan programs, $400,000,000 shall be life expectancy can be expected to gram. I would ask my colleagues to paid to the appropriation for ‘‘Rural Devel- come to a conclusion. In 2000, we cre- turn back this amendment. opment, Salaries and Expenses’’. ated the rehabilitation program to ex- I yield back the balance of my time. RENTAL ASSISTANCE PROGRAM tend the life of these structures by ad- The Acting CHAIR. The question is For rental assistance agreements entered ditional time, and it now appears, on the amendment offered by the gen- into or renewed pursuant to the authority based on the modern techniques being tleman from Georgia (Mr. BROUN). under section 521(a)(2) or agreements entered used, engineering technologies, that The amendment was rejected. into in lieu of debt forgiveness or payments these 50-year structures will wind up The Acting CHAIR. The Clerk will for eligible households as authorized by sec- with a 150-year total life expectancy in read. tion 502(c)(5)(D) of the Housing Act of 1949, many instances. The Clerk read as follows: $890,000,000; and, in addition, such sums as may be necessary, as authorized by section This is a program where the rehabili- TITLE III tation resources are allocated based on 521(c) of the Act, to liquidate debt incurred RURAL DEVELOPMENT prior to fiscal year 1992 to carry out the rent- need as scored by USDA. It’s not an OFFICE OF THE UNDER SECRETARY FOR RURAL al assistance program under section 521(a)(2) earmark program. It’s not a targeted DEVELOPMENT of the Act: Provided, That of this amount not program. The money is made available, For necessary expenses of the Office of the less than $1,500,000 is available for newly con- and as the structures need work, they Under Secretary for Rural Development, structed units financed by section 515 of the are prioritized. It’s a wonderful way to $760,000. Housing Act of 1949, and not less than $2,500,000 is for newly constructed units fi- address this issue. RURAL DEVELOPMENT SALARIES AND nanced under sections 514 and 516 of the Now, if you look at the amount of EXPENSES Housing Act of 1949: Provided further, That property and life and infrastructure (INCLUDING TRANSFERS OF FUNDS) that have been protected in the life of rental assistance agreements entered into or For necessary expenses for carrying out renewed during the current fiscal year shall these programs, it’s almost incalcu- the administration and implementation of be funded for a one-year period: Provided fur- lable. In Oklahoma, in the range of $81 programs in the Rural Development mission ther, That any unexpended balances remain- million a year worth of property has area, including activities with institutions ing at the end of such one-year agreements been saved. concerning the development and operation of may be transferred and used for the purposes My colleague alluded to programs agricultural cooperatives; and for coopera- of any debt reduction; maintenance, repair, that only affect limited numbers of tive agreements; $161,011,000: Provided, That or rehabilitation of any existing projects; areas. I would note even in the great notwithstanding any other provision of law, preservation; and rental assistance activities State of Georgia, there are 357 of these funds appropriated under this section may be authorized under title V of the Act: Provided used for advertising and promotional activi- further, That rental assistance provided watershed structures. There are 69 that ties that support the Rural Development under agreements entered into prior to fiscal within the next 10 years will need the mission area: Provided further, That not more year 2012 for a farm labor multi-family hous- rehabilitation program. There are ben- than $10,000 may be expended to provide ing project financed under section 514 or 516 efits in every State. modest non-monetary awards to non-USDA of the Act may not be recaptured for use in

VerDate Mar 15 2010 02:50 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.031 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4204 CONGRESSIONAL RECORD — HOUSE June 15, 2011 another project until such assistance has re- lions of dollars. We need to focus on money to the Multifamily Housing Re- mained unused for a period of 12 consecutive our own people and our own commu- vitalization Account Program for a months, if such project has a waiting list of nities before we spend taxpayer money rural housing voucher program and the tenants seeking such assistance or the in foreign lands. Rural Business Program Account, project has rental assistance eligible tenants One example here in the United who are not receiving such assistance: Pro- which provides loan guarantees and vided further, That such recaptured rental as- States is the area known as the former grants for ‘‘rural businesses develop- sistance shall, to the extent practicable, be Bennett Freeze area, an area consisting ment programs,’’ including business applied to another farm labor multi-family of 1.5 million acres of Navajo Nation grants to Indian tribes and rural eco- housing project financed under section 514 or reservation land, where the housing nomic partnership zones for farm and 516 of the Act. units have been described as ‘‘little rural development. MULTI-FAMILY HOUSING REVITALIZATION more than hovels’’ and ‘‘80 percent of Again, instead of just studying the PROGRAM ACCOUNT the homes have no electricity’’ and problems of high unemployment, lag- For the rural housing voucher program as there are few paved road or commu- ging schools, lagging infrastructure authorized under section 542 of the Housing nication structures. How do we justify and opportunities, let’s do something Act of 1949, but notwithstanding subsection spending $1 billion in foreign countries about it. The rural American poverty (b) of such section, $11,000,000, to remain when we have so many unmet needs in available until expended, which shall be rate has exceeded the national rate available for rural housing vouchers to any the United States? since 2001 by 3 percentage points. The low-income household (including those not The Rural Development loan pro- child poverty rate in rural America is 5 receiving rental assistance) residing in a gram would receive additional funding percentage points higher than urban- property financed with a section 515 loan under this amendment, a program that metro areas. which has been prepaid after September 30, gets high marks for its success; so, too, Why can’t we invest millions in our 2005: Provided, That the amount of such would the Multifamily Housing Revi- rural communities instead? Why voucher shall be the difference between com- talization Program. With millions of should we tolerate poverty, unemploy- parable market rent for the section 515 unit people losing homes, they are moving and the tenant-paid rent for such unit: Pro- ment, and a lack of infrastructure in vided further, That funds made available for into multiunit housing. This program our rural communities while we send such vouchers shall be subject to the avail- will help Americans. millions and billions of dollars to build ability of annual appropriations: Provided It is easy to understand the emo- up other countries? further, That the Secretary shall, to the tional appeal programs like Food for In good faith, knowing how hard so maximum extent practicable, administer Peace may have, a program that would many people in my district work and such vouchers with current regulations and be reduced by this amendment. But ul- knowing how little they have to show administrative guidance applicable to sec- timately, we are using taxpayer money for it at the end of the day, I can’t tion 8 housing vouchers administered by the for charity. Improving literacy, reduc- agree to send their money overseas to Secretary of the Department of Housing and ing hunger, and educating girls in for- Urban Development. help others while they suffer in our eign countries are issues that are, in AMENDMENT OFFERED BY MR. GOSAR backyards. Knowing that infrastruc- fact, charitable and emotionally ap- Mr. GOSAR. Mr. Chairman, I have an ture is lacking, this amendment helps pealing, but we have our own literacy, start the process of directing our amendment at the desk. hunger, and gender issues in our coun- The Acting CHAIR. The Clerk will re- money to the unmet needs here in the try. But at a time when we have a $14.3 port the amendment. United States. trillion public debt, massive unemploy- The Clerk read as follows: I ask my colleagues to closely con- ment, and rural rates of poverty, illit- Page 32, line 5, after the dollar amount, in- sider these amendments. sert ‘‘(increased by $100,000,000)’’. eracy, and school underperformance, I yield back the balance of my time. Page 35, line 13, after the dollar amount, we should focus our money here at Mr. KINGSTON. Mr. Chairman, I rise insert ‘‘(increased by $100,000,000)’’. home. We owe it to our constituents, in opposition to the amendment. Page 49, line 23, after the dollar amount, the taxpayers, to help them. Certainly The Acting CHAIR. The gentleman insert ‘‘(reduced by $200,000,000)’’. one can see that this program has laud- from Georgia is recognized for 5 min- The Acting CHAIR. The gentleman able aspirations, but laudable aspira- utes. from Arizona is recognized for 5 min- tions will not help the U.S. economy or Mr. KINGSTON. I wanted to make a utes. the U.S. taxpayer. The problems in few notes on it. I appreciate my friend Mr. GOSAR. Mr. Chair, I am offering rural America are staggering. for offering it, and I think he’s raised an amendment that reduces the fund- On June 9, 2011, President Obama some very serious philosophical ques- ing for the billion dollar Food for issued an Executive order to create a tions, particularly about Pub.L. 490, Peace program. Regardless of its per- commission to study problems in rural the foreign food program. ceived merits, our country is deep in America. In the Executive order, the I wanted to point out we have re- debt, and we have problems here in President stated: duced that by 31 percent in this ac- America, particularly rural America, ‘‘Sixteen percent of the American count, but we’ve also reduced the Mul- that need to be addressed. population lives in rural counties. tifamily Housing Revitalization Ac- The Food for Peace program has been Strong, sustainable rural communities count, as he’s well aware, but his rightly criticized as a waste of money are essential to winning the future and amendment would actually increase and ineffective in achieving its stated ensuring American competitiveness in that 10 times. It’s at $11 million, and he goals. But the reason for my amend- the years ahead. These communities would bring that up to $111 million. ments are more direct: the current supply our food, fiber, and energy, safe- The highest funding level for that was budget funding for this program is over guard our natural resources, and are in FY 2010 at $43 million, and so we $1 billion. We stand today with a $14.3 essential in the development of science have been ratcheting it down using a trillion deficit, and at the same time, and innovation. Though rural commu- voucher program but feel that it was we have unmet needs in our own back- nities face numerous challenges, they overfunded. yards. also present enormous economic poten- My first amendment cuts $200 million tial. The Federal Government has an b 1320 from this program and my second important role to play in order to ex- The Rural Business Program Account amendment sets aside $100 million into pand access to capital necessary for right now is about $64 million, so this the spending reduction account. Then, economic growth, promote innovation, amendment almost doubles that. It of the $200 million cut in my first improve access to health care and edu- doesn’t quite double it. But there amendment, $100 million each is di- cation, and expand outdoor rec- again, we have brought that account rected into Rural Development, Title reational activities on public lands.’’ down from a high of $97 million; and III, here in the United States. I agree. But instead of just forming a with his amendment, it would go up to The reason for these amendments is committee to study the problems, $164 million. These two accounts would straightforward. Parts of rural Amer- problems that are well-known and need go to higher levels than they histori- ica rival parts of some Third World no further study, my amendment cally had. And in contrast, the PL 480, countries where we send tens of mil- would do something about it and direct the foreign food program, is at one of

VerDate Mar 15 2010 02:50 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.008 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4205 the lower levels that it has been at. So put money directly in the pockets of RURAL HOUSING ASSISTANCE GRANTS I have to say to my friend that I’m family farmers. (INCLUDING TRANSFER OF FUNDS) sorry to reluctantly oppose you, but we Over the last 5 years, these programs For grants and contracts for very low-in- are going to oppose the amendment at have been so popular that the list of come housing repair made by the Rural this point. farmers who want to participate great- Housing Service, as authorized by 42 U.S.C. I yield back the balance of my time. ly outweighs the availability. Both the 1474, $32,000,000, to remain available until ex- Mr. FARR. I rise in opposition to the Conservation Stewardship Program pended: Provided, That of the total amount amendment. and the Environmental Quality Incen- appropriated under this heading, the amount equal to the amount of Rural Housing Assist- The Acting CHAIR. The gentleman tives Program have twice as many ap- ance Grants allocated by the Secretary for from California is recognized for 5 min- plicants as they can serve. And the Rural Economic Area Partnership Zones for utes. Wetlands Reserve Program and the the fiscal year 2011, shall be available Mr. FARR. I think the amendment is Grasslands Reserve Program combined through June 30, 2012, for communities des- well intended. I think the author is have over 1 million acres waiting to ignated by the Secretary of Agriculture as well intended. Rural America is hurt- apply. Rural Economic Area Partnership Zones. ing. Rural America is really under a These are not programs that are un- AMENDMENT NO. 11 OFFERED BY MR. BROUN OF depression. We have not done a very derutilized or ineffective. They appear GEORGIA good job of having a rural strategy for to be widely popular and provide a di- Mr. BROUN of Georgia. Mr. Chair, I America. rect benefit to America’s farmers and have an amendment at the desk. I applaud Secretary Vilsack for try- ranchers. These would appear to be ex- The Acting CHAIR. The Clerk will ing to pull together programs to invest actly the type of programs we should designate the amendment. in rural America and make sure that be supporting. They provide support for The text of the amendment is as fol- the different agencies in the Federal family farms and producers who are lows: Government are working in collabora- doing exactly the right thing, ensuring Page 33, line 12, after the first dollar tion. And I think this amendment ad- that we use precious tax dollars not amount, insert ‘‘(reduced by $20,480,000)’’. dresses some of those issues, not in a only to support farmers and ranchers Page 80, line 2, after the dollar amount, in- collaborative way but just in putting but to ensure clean water, clean air, sert ‘‘(increased by $20,480,000)’’. more money into rural America. But and fertile productive soil. The Acting CHAIR. The gentleman unfortunately, that good intent is off- They are a blueprint for a better path from Georgia is recognized for 5 min- set by the evil done in taking it out of forward, a farm bill that helps farmers utes. the foreign ag account. And I can’t sup- add value and truly supports small- Mr. BROUN of Georgia. I rise to offer port the amendment for that. and mid-sized operations. I was won- my amendment, which would reduce The Acting CHAIR. The question is dering if you would care to comment the budget for the Rural Housing As- on the amendment offered by the gen- on my concerns. sistance Grants Program by over $20 tleman from Arizona (Mr. GOSAR). Mr. FARR. I appreciate my good million. My amendment would drop the The question was taken; and the Act- friend from Oregon’s (Mr. BLUMENAUER) allocation for this program from $32 ing Chair announced that the noes ap- sentiments. And as ranking member of million to just around $12 million. This peared to have it. the House Ag Appropriations Sub- is a modest request, particularly con- Mr. GOSAR. Mr. Chairman, I demand committee, I am a strong supporter of sidering the President initially asked a recorded vote. these conservation programs used both for a funding level of just $12 million, The Acting CHAIR. Pursuant to in Oregon and in my State of Cali- and we would simply be dropping the clause 6 of rule XVIII, further pro- fornia. And I am distressed by the pro- levels back down to what the adminis- ceedings on the amendment offered by posed cuts to these programs. tration, itself, requested. the gentleman from Arizona will be I would like to point out that the It is absolutely critical that this postponed. Farm Bureau also opposes large cuts to Congress cut spending wherever pos- The Clerk will read. the important working lands program sible; and if the President could do The Clerk read as follows: and the Environment Quality Incen- without that extra $20 million, so can MUTUAL AND SELF-HELP HOUSING GRANTS tives Program. I find it especially dis- we. I urge my colleagues to support For grants and contracts pursuant to sec- appointing that these funding levels this commonsense amendment. tion 523(b)(1)(A) of the Housing Act of 1949 (42 are low enough that the USDA will I yield back the balance of my time. U.S.C. 1490c), $22,000,000, to remain available have to break current contracts. That Mr. FARR. I rise in opposition to the until expended: Provided, That of the total is an unfair result for our farmers and amendment. amount appropriated under this heading, the ranchers who have counted on the sup- The Acting CHAIR. The gentleman amount equal to the amount of Mutual and port and technical assistance for the from California is recognized for 5 min- Self-Help Housing Grants allocated by the utes. Secretary for Rural Economic Area Partner- year ahead. ship Zones for the fiscal year 2011, shall be The funding levels for the 2008 farm Mr. FARR. It’s very interesting that available through June 30, 2012, for commu- bill were carefully negotiated, and it is your colleague from Arizona (Mr. nities designated by the Secretary of Agri- frustrating to me and to many others GOSAR) just a minute ago was trying to culture as Rural Economic Area Partnership to see the mandatory funding for con- add money to this account because of Zones. servation programs decrease so dras- the catastrophe in rural America. This Mr. BLUMENAUER. Mr. Chairman, I tically because this bill was given such Rural Housing Assistance Grants Pro- move to strike the last word. a low allocation. gram is primarily to repair very low- The Acting CHAIR. The gentleman Mr. BLUMENAUER. I appreciate the income rural housing. This account from Oregon is recognized for 5 min- sentiments of my good friend from was increased from the request of the utes. California, as I appreciate his leader- President by the committee. The effect Mr. BLUMENAUER. I rise to engage ship on issues that relate to both agri- of this amendment would be to knock in a colloquy with my friend from Cali- culture and protecting the environ- it back, and the reason the committee fornia (Mr. FARR) about cuts in this ment. increased it was because of the need legislation. Mr. Chairman, I am hopeful that out there. As I have been analyzing the legisla- Members will spend time looking at We know what kind of a housing cri- tion coming before us, Mr. FARR, it ap- what this means to farmers and ranch- sis we’re having in America, particu- pears that the legislation, if approved ers in their communities and hope that larly when people have no other place in the form that is before us, would as the legislation works its way to go. This allows the lowest of income have a really devastating impact upon through Congress, we will be able to re- people in the poorest areas in the coun- American farmers, families, and the verse these efforts. try, in rural America, to have some as- environment. The legislation before us, I yield back the balance of my time. sistance to upgrade their houses so as I understand it, cuts nearly $1 bil- The Acting CHAIR. The Clerk will that the cost of high utility bills can lion from the five main conservation read. be brought down with weatherization programs, conservation programs that The Clerk read as follows: upgrades and things like that. I mean,

VerDate Mar 15 2010 02:50 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.039 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4206 CONGRESSIONAL RECORD — HOUSE June 15, 2011 this is not a smart cut. This will be ican Tribes, including $250,000 for a grant to tions of cooperatives whose primary focus is hurting the people who can least afford a qualified national organization to provide to provide assistance to small, socially dis- it and at a time when they most need technical assistance for rural transportation advantaged producers and whose governing it, and I would oppose this amendment. in order to promote economic development: board and/or membership is comprised of at Provided further, That of the amount appro- least 75 percent socially disadvantaged mem- I yield back the balance of my time. priated under this heading, the amount equal bers; and of which $12,500,000, to remain The Acting CHAIR. The question is to the amount of Rural Business Program available until expended, shall be for value- on the amendment offered by the gen- Account funds allocated by the Secretary for added agricultural product market develop- tleman from Georgia (Mr. BROUN). Rural Economic Area Partnership Zones for ment grants, as authorized by section 231 of The amendment was rejected. the fiscal year 2011, shall be available the Agricultural Risk Protection Act of 2000 The Acting CHAIR. The Clerk will through June 30, 2012, for communities des- (7 U.S.C. 1621 note). read. ignated by the Secretary of Agriculture as RURAL ENERGY FOR AMERICA PROGRAM The Clerk read as follows: Rural Economic Area Partnership Zones for For the cost of a program of loan guaran- the rural business and cooperative develop- tees and grants, under the same terms and RURAL COMMUNITY FACILITIES PROGRAM ment programs described in section ACCOUNT conditions as authorized by section 9007 of 381E(d)(3) of the Consolidated Farm and the Farm Security and Rural Investment (INCLUDING TRANSFERS OF FUNDS) Rural Development Act: Provided further, Act of 2002 (7 U.S.C. 8107), $1,300,000: Provided, For the cost of direct loans and grants for That sections 381E–H and 381N of the Con- That the cost of loan guarantees, including rural community facilities programs as au- solidated Farm and Rural Development Act the cost of modifying such loans, shall be as thorized by section 306 and described in sec- are not applicable to funds made available defined in section 502 of the Congressional tion 381E(d)(1) of the Consolidated Farm and under this heading: Provided further, That Budget Act of 1974. any prior balances in the Rural Develop- Rural Development Act, $18,000,000, to re- RURAL UTILITIES SERVICE main available until expended: Provided, ment, Rural Community Advancement Pro- That $3,000,000 of the amount appropriated gram account for programs authorized by RURAL WATER AND WASTE DISPOSAL PROGRAM under this heading shall be available for a sections 306 and 310B and described in section (INCLUDING TRANSFERS OF FUNDS) Rural Community Development Initiative: 381E(d)(3) of such Act be transferred and For the cost of direct loans and grants for Provided further, That such funds shall be merged with this account and any other the rural water, waste water, waste disposal, used solely to develop the capacity and abil- prior balances from the Rural Development, and solid waste management programs au- ity of private, non-profit community-based Rural Community Advancement Program ac- thorized by sections 306, 306A, 306C, 306D, housing and community development organi- count that the Secretary determines is ap- 306E, and 310B and described in sections zations, low-income rural communities, and propriate to transfer. 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Federally Recognized Native American RURAL DEVELOPMENT LOAN FUND PROGRAM Consolidated Farm and Rural Development Tribes to undertake projects to improve ACCOUNT Act, $500,000,000, to remain available until housing, community facilities, community (INCLUDING TRANSFER OF FUNDS) expended, of which not to exceed $497,000 and economic development projects in rural For the principal amount of direct loans, shall be available for the rural utilities pro- areas: Provided further, That such funds shall as authorized by the Rural Development gram described in section 306(a)(2)(B) of such be made available to qualified private, non- Loan Fund (42 U.S.C. 9812(a)), $14,758,000. Act, and of which not to exceed $993,000 shall profit and public intermediary organizations For the cost of direct loans, $5,000,000, as be available for the rural utilities program proposing to carry out a program of financial authorized by the Rural Development Loan described in section 306E of such Act: Pro- and technical assistance: Provided further, Fund (42 U.S.C. 9812(a)), of which $750,000 vided, That $65,000,000 of the amount appro- That such intermediary organizations shall shall be available through June 30, 2012, for priated under this heading shall be for loans provide matching funds from other sources, Federally Recognized Native American and grants including water and waste dis- including Federal funds for related activi- Tribes; and of which $1,500,000 shall be avail- posal systems grants authorized by ties, in an amount not less than funds pro- able through June 30, 2012, for Mississippi 306C(a)(2)(B) and 306D of the Consolidated vided: Provided further, That of the amount Delta Regional counties (as determined in Farm and Rural Development Act, Feder- appropriated under this heading, the amount accordance with Public Law 100–460): Pro- ally-recognized Native American Tribes au- equal to the amount of Rural Community vided, That such costs, including the cost of thorized by 306C(a)(1), and the Department of Facilities Program Account funds allocated modifying such loans, shall be defined in sec- Hawaiian Home Lands (of the State of Ha- by the Secretary for Rural Economic Area tion 502 of the Congressional Budget Act of waii): Provided further, That funding provided Partnership Zones for the fiscal year 2011, 1974: Provided further, That of the total for section 306D of the Consolidated Farm shall be available through June 30, 2012, for amount appropriated under this heading, the and Rural Development Act may be provided communities designated by the Secretary of amount equal to the amount of Rural Devel- to a consortium formed pursuant to section Agriculture as Rural Economic Area Part- opment Loan Fund Program Account funds 325 of Public Law 105–83: Provided further, nership Zones for the rural community pro- allocated by the Secretary for Rural Eco- That not more than 2 percent of the funding grams described in section 381E(d)(1) of the nomic Area Partnership Zones for the fiscal provided for section 306D of the Consolidated Consolidated Farm and Rural Development year 2011, shall be available through June 30, Farm and Rural Development Act may be Act: Provided further, That sections 381E–H 2012, for communities designated by the Sec- used by the State of Alaska and/or by a con- and 381N of the Consolidated Farm and Rural retary of Agriculture as Rural Economic sortium formed pursuant to section 325 of Development Act are not applicable to the Area Partnership Zones. Public Law 105–83 for training and technical funds made available under this heading. In addition, for administrative expenses to assistance programs: Provided further, That RURAL BUSINESS—COOPERATIVE SERVICE carry out the direct loan programs, $3,500,000 not to exceed $19,000,000 of the amount ap- shall be paid to the appropriation for ‘‘Rural propriated under this heading shall be for RURAL BUSINESS PROGRAM ACCOUNT Development, Salaries and Expenses’’. technical assistance grants for rural water (INCLUDING TRANSFERS OF FUNDS) RURAL ECONOMIC DEVELOPMENT LOANS and waste systems pursuant to section For the cost of loan guarantees and grants, PROGRAM ACCOUNT 306(a)(14) of such Act, unless the Secretary for the rural business development programs makes a determination of extreme need, of (INCLUDING CANCELLATION OF FUNDS) authorized by sections 306 and 310B and de- which $3,400,000 shall be made available for a scribed in section 381E(d)(3) of the Consoli- For the principal amount of direct loans, grant to a qualified non-profit multi-state dated Farm and Rural Development Act, as authorized under section 313 of the Rural regional technical assistance organization, $64,500,000, to remain available until ex- Electrification Act, for the purpose of pro- with experience in working with small com- pended: Provided, That of the amount appro- moting rural economic development and job munities on water and waste water prob- priated under this heading, not to exceed creation projects, $33,077,000. lems, the principal purpose of such grant $500,000 shall be made available for a grant to Of the funds derived from interest on the shall be to assist rural communities with a qualified national organization to provide cushion of credit payments, as authorized by populations of 3,300 or less, in improving the technical assistance for rural transportation section 313 of the Rural Electrification Act planning, financing, development, operation, in order to promote economic development: of 1936, $155,000,000 shall not be obligated and and management of water and waste water Provided further, That $2,250,000 shall be for $155,000,000 are hereby permanently can- systems, and of which not less than $800,000 grants to the Delta Regional Authority (7 celled. shall be for a qualified national Native U.S.C. 2009aa et seq.) for any Rural Commu- RURAL COOPERATIVE DEVELOPMENT GRANTS American organization to provide technical nity Advancement Program purpose as de- For rural cooperative development grants assistance for rural water systems for tribal scribed in section 381E(d) of the Consolidated authorized under section 310B(e) of the Con- communities: Provided further, That not to Farm and rural Development Act, of which solidated Farm and Rural Development Act exceed $14,000,000 of the amount appropriated not more than 5 percent may be used for ad- (7 U.S.C. 1932), $22,500,000 of which, $2,000,000 under this heading shall be for contracting ministrative expenses: Provided further, That shall be for cooperative agreements for the with qualified national organizations for a $3,400,000 of the amount appropriated under appropriate technology transfer for rural circuit rider program to provide technical this heading shall be for business grants to areas program: Provided, That, not to exceed assistance for rural water systems: Provided benefit Federally Recognized Native Amer- $3,000,000 shall be for cooperatives or associa- further, That not to exceed $3,400,000 shall be

VerDate Mar 15 2010 02:50 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.044 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4207 for solid waste management grants: Provided 2008 is amended by adding at the end before a man’s chest and do open-heart mas- further, That of the amount appropriated the period, ‘‘except section 21, and the Child sage in the emergency room trying to under this heading, the amount equal to the Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), keep a patient alive. amount of Rural Water and Waste Disposal except sections 17 and 21’’. It’s time for open-heart massage of Program Account funds allocated by the Sec- SPECIAL SUPPLEMENTAL NUTRITION PROGRAM our economy. We’ve got to stop spend- retary for Rural Economic Area Partnership FOR WOMEN, INFANTS, AND CHILDREN (WIC) Zones for the fiscal year 2011, shall be avail- ing money that we don’t have. We’ve For necessary expenses to carry out the able through June 30, 2012, for communities got to put this country back on the special supplemental nutrition program as designated by the Secretary of Agriculture right financial course and start cre- authorized by section 17 of the Child Nutri- as Rural Economic Area Partnership Zones ating jobs out in the private sector. tion Act of 1966 (42 U.S.C. 1786), $6,048,250,000, for the rural utilities programs described in to remain available through September 30, And my amendment will be just one section 381E(d)(2) of the Consolidated Farm 2013: Provided, That notwithstanding section small step towards that. and Rural Development Act: Provided further, 17(h)(10) of the Child Nutrition Act of 1966 (42 So, Mr. Chairman, I hope that my That sections 381E–H and 381N of the Con- U.S.C. 1786(h)(10)), of the amounts made colleagues will support this amend- solidated Farm and Rural Development Act available under this heading, not less than ment so that we can put this country are not applicable to the funds made avail- $14,000,000 shall be used for infrastructure, back on the right course, so that we able under this heading: Provided further, not less than $50,000,000 shall be used for That any prior balances in the Rural Devel- can create jobs in the private sector management information systems, not less opment, Rural Community Advancement and can have a strong economy again. than $75,000,000 shall be used for Program account programs authorized by I yield back the balance of my time. breastfeeding peer counselors and other re- sections 306, 306A, 306C, 306D, 306E, and 310B Mr. FARR. Mr. Chairman, I rise in lated activities, and not less than $7,500,000 and described in sections 306C(a)(2), 306D, opposition to the amendment. shall be used for breastfeeding performance 306E, and 381E(d)(2) of such Act be trans- The Acting CHAIR. The gentleman awards: Provided further, That none of the ferred to and merged with this account and funds provided in this account shall be avail- from California is recognized for 5 min- any other prior balances from the Rural De- able for the purchase of infant formula ex- utes. velopment, Rural Community Advancement cept in accordance with the cost contain- Mr. FARR. I would be curious if, at Program account that the Secretary deter- ment and competitive bidding requirements your town hall meeting, you got up and mines is appropriate to transfer. specified in section 17 of such Act: Provided asked people would you rather take RURAL ELECTRIFICATION AND TELECOMMUNI- further, That none of the funds provided shall $604 million out of the program that CATIONS LOANS PROGRAM ACCOUNT be available for activities that are not fully feeds women, infants, and children or (INCLUDING TRANSFER OF FUNDS) reimbursed by other Federal Government de- would you like to take $604 million out The principal amount of direct and guaran- partments or agencies unless authorized by of the Defense Department for a war section 17 of such Act. teed loans as authorized by sections 305 and that we’re putting on a credit card, for 306 of the Rural Electrification Act of 1936 (7 b 1330 an Afghan war that we’re putting on a U.S.C. 935 and 936) shall be made as follows: 5 percent rural electrification loans, AMENDMENT OFFERED BY MR. BROUN OF credit card, the Iraq war we’re putting $100,000,000; loans made pursuant to section GEORGIA on a credit card, or the prescription 306 of that Act, rural electric, $6,500,000,000; 5 Mr. BROUN of Georgia. Mr. Chair- drug program that wasn’t paid for percent rural telecommunications loans, man, I have an amendment at the desk. under the Republican program? How $145,000,000; cost of money rural tele- The Acting CHAIR. The Clerk will re- about asking the people’s choices? communications loans, $250,000,000; and for We just authorized a defense bill in loans made pursuant to section 306 of that port the amendment. The Clerk read as follows: committee where we talked about bil- Act, rural telecommunications loans, lions and billions of dollars, and those $295,000,000. Page 44, line 19, after the first dollar In addition, for administrative expenses amount, insert ‘‘(reduced by $604,000,000)’’. are all borrowed money. So why don’t necessary to carry out the direct and guar- Page 80, line 2, after the dollar amount, in- we get our priorities straight? anteed loan programs, $30,000,000, which shall sert ‘‘(increased by $604,000,000)’’. We spent 3 hours here last night dis- cussing what the implications are of be paid to the appropriation for ‘‘Rural De- The Acting CHAIR. The gentleman cutting the WIC program. I don’t think velopment, Salaries and Expenses’’. from Georgia is recognized for 5 min- this is a country that wants to balance DISTANCE LEARNING, TELEMEDICINE, AND utes. BROADBAND PROGRAM its budget on the backs of the poorest Mr. BROUN of Georgia. Mr. Chair- people in the United States, on the peo- (INCLUDING CANCELLATION OF FUNDS) man, this Nation has almost a $14.5 ple most vulnerable, on the people that For grants for telemedicine and distance trillion debt. Forty cents of every dol- need just basic services. And that’s learning services in rural areas, as author- lar the Federal Government spends, ized by 7 U.S.C. 950aaa et seq., $15,000,000, to what this amendment does. we’re borrowing. We’ve just got to stop remain available until expended. Mr. BROUN, I know you’re interested the outrageous spending that’s going in cutting, squeezing, and trimming, TITLE IV on here in Washington. And both par- but there are places to do that, and DOMESTIC FOOD PROGRAMS ties have been guilty over the years. this is not one of them. Certainly, if OFFICE OF THE UNDER SECRETARY FOR FOOD, This amendment would simply cut 10 you were here on the floor listening to NUTRITION AND CONSUMER SERVICES percent out of a program—10 percent. the passions of last night, of 3 hours of For necessary expenses of the Office of the Some people say, well, it’s just a small debate on what the implications were Under Secretary for Food, Nutrition and amount of money. But as I was doing a Consumer Services, $689,000. for cutting the WIC program—and it town hall meeting back, during last seems that none of that was listened to FOOD AND NUTRITION SERVICE week, in Georgia, in Hoschton, Geor- by you because this is an amendment CHILD NUTRITION PROGRAMS gia, one lady got up and said, $1 million that goes right back to reducing that (INCLUDING TRANSFERS OF FUNDS) makes a lot of difference. It is a lot of account by $604 million. For necessary expenses to carry out the money. Take the money out of the people Richard B. Russell National School Lunch This does cut a great deal of money Act (42 U.S.C. 1751 et seq.), except section 21, most vulnerable in the United States out of this program. But, Mr. Chair- to write down the deficit and ignore and the Child Nutrition Act of 1966 (42 U.S.C. man, we just have to stop spending 1771 et seq.), except sections 17 and 21; the Defense Department, ignore the $18,770,571,000, to remain available through money that we don’t have. It’s just ab- spending for weapons programs, ignore September 30, 2013, of which such sums as are solutely critical. The economy depends the wars in Iraq and Afghanistan, ig- made available under section 14222(b)(1) of upon it. Creating jobs in the private nore everything that is with DOD, and the Food, Conservation, and Energy Act of sector depends upon it. The future of expose everything that’s with people in 2008 (Public Law 110–246), as amended by this our Nation depends upon it. poverty. Act, shall be merged with and available for We’re in an economic emergency, Mr. the same time period and purposes as pro- This is a wrong amendment, and I Chairman, and if we don’t stop spend- hope it’s soundly defeated. vided herein: Provided, That of the total ing money that we don’t have, we’re amount available, $16,516,000 shall be avail- Mr. BROUN of Georgia. Will the gen- able to carry out section 19 of the Child Nu- going to have an economic collapse of tleman yield? trition Act of 1966 (42 U.S.C. 1771 et seq.): this Nation. Mr. FARR. I yield to the gentleman. Provided further, That section 14222(b)(1) of I’m a physician. I’ve worked in emer- Mr. BROUN of Georgia. I thank the the Food, Conservation, and Energy Act of gency rooms. I’ve seen a doctor open up gentleman for yielding.

VerDate Mar 15 2010 02:50 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.012 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4208 CONGRESSIONAL RECORD — HOUSE June 15, 2011 In answer to your question, I want to Mr. BROUN of Georgia. Mr. Chair- to pay salaries and benefits, some is do both. I think every dollar that the man, I demand a recorded vote. being used for travel expenses, and Federal Government spends needs to be The Acting CHAIR. Pursuant to some is being used for cell phone use so looked at, and we’re spending money clause 6 of rule XVIII, further pro- that the peer counselors are available that we don’t have, even in DOD. I ceedings on the amendment offered by 24 hours a day to the people that they think we would cut a lot of funding the gentleman from Georgia will be are counseling. there, particularly with the wasteful postponed. My colleagues across the aisle will spending that the Department of De- AMENDMENT NO. 2 OFFERED BY MS. FOXX shout about this, and I may even be op- fense does that we all recognize. Ms. FOXX. Mr. Chairman, I have an posed by my colleagues on this side of So I want to do it all. The thing is, if amendment at the desk. the aisle, but last year my colleagues we continue down this road that we’re The Acting CHAIR. The Clerk will across the aisle cut more than $550 mil- on economically, everybody’s going to designate the amendment. lion from the WIC program to fund un- be poor. Nobody’s going to have money The text of the amendment is as fol- related activities at the USDA. These for any groceries. Nobody’s going to be lows: were totally unrelated. It was obvi- able to get any health care. We’re just ously not a high priority then. going to be in a financial quagmire as Page 45, line 1, after the dollar amount, in- sert ‘‘(reduced by $75,000,000’’). If we want to promote the health and a nation. And so it’s absolutely crit- Page 45, line 3, after the dollar amount, in- well-being of women, infants and chil- ical, in my opinion, that we do emer- sert ‘‘(reduced by $7,500,000’’). dren, then let’s get serious about it by gent procedures to try to get this coun- Page 80, line 2, after the dollar amount, in- creating a job-friendly environment try back on the right course economi- sert ‘‘(increased by $82,500,000’’). that puts people back to work and al- cally. Mr. FARR. Mr. Chairman, I reserve a lows American families to keep more So, to answer to your question that point of order on this amendment. you asked me very graciously, I an- of what they earn. Let’s stop spending The Acting CHAIR. A point of order money on every well-intentioned pro- swer, yes, we need to do all of the is reserved. above, and I am eager to do both. gram and return the Federal Govern- The gentlewoman from North Caro- ment to its constitutionally mandated Mr. KINGSTON. Mr. Chair, I move to lina is recognized for 5 minutes in sup- strike the last word. purposes. port of her amendment. The Acting CHAIR. The gentleman Mr. Chairman, the American people Ms. FOXX. Mr. Chairman, my amend- from Georgia is recognized for 5 min- are tired of Washington taking their utes. ment today is an effort to save tax- hard-earned dollars in taxes and wast- Mr. KINGSTON. I think Dr. BROUN payers’ hard-earned money by ending ing it on a bloated Federal bureauc- has raised a lot of good points in terms funding for an unnecessary program racy. It’s time we stop the culture of of our financial future. In America that spends money coming to the Fed- spending in Washington. That’s why I today, for every dollar we spend, 40 eral Government from our hardworking urge adoption of my amendment, which cents is borrowed. The national debt taxpayers. will save taxpayers $82.5 million in just right now is 95 percent of the GDP. Mr. Chairman, I want to say that I 1 year. The money will go into the Clearly, we have to make some very very much believe in breast-feeding. Spending Reduction Account. And I difficult choices ahead. And that’s why, We wouldn’t have a human race here want to say my total concern here is in this committee mark, we actually today if it weren’t for the fact that the spending of hard-earned taxpayers’ have reduced WIC funding already $686 breast-feeding has been in existence dollars on a program that the Federal million. since the beginning of time; however, I Government has no business running. Now, these numbers aren’t random. am opposed to the Federal Government Mr. Chairman, it has come to my at- WIC participation in 2010 was 9.2 mil- funding breast-feeding programs. tention that I need to ask unanimous lion; in 2011, it’s 8.9 million. Our com- Under the special supplemental pro- consent to withdraw the amendment mittee mark for FY 2012 contemplates gram for women, infants and children, and offer an amendment that was not a participation level of 8.3 million. or the WIC program, Congress directed printed in the RECORD. However, if the economy does not im- the United States Department of Agri- The Acting CHAIR. Is there objection prove and the number goes back up, culture to create a national program to the request of the gentlewoman with contingency funds, we have for the promotion of breast-feeding. In from North Carolina? enough money to fund a participation fiscal 2010, the Federal Government There was no objection. level of over 9 million. spent $85 million to educate women on AMENDMENT OFFERED BY MS. FOXX But it’s very difficult, Mr. Chairman, how to breast-feed. The Acting CHAIR. The Clerk will re- because, as we said many times during We are facing a national debt of over port the amendment. yesterday’s debate, the only budget $14 trillion. Spending taxpayer money The Clerk read as follows: that has actually passed either House to promote breast-feeding is simply not is the Ryan budget, and our 302(b) allo- the proper role of the Federal Govern- Page 44, line 19, after the dollar amount, cation funding level comes from that insert ‘‘(reduced by $82,500,000’’). ment and serves to illustrate just one Page 45, line 1, after the dollar amount, in- budget. The President’s own budget reason—government mission creep— sert ‘‘(reduced by $75,000,000’’). failed in the Senate 97–0. The Democrat that we are so deeply in debt. Page 45, line 3, after the dollar amount, in- leadership in the Senate is unable to In the last 10 years, administrative sert ‘‘(reduced by $7,500,000’’). pass a budget. They’re not trying to costs for the WIC program have grown Page 80, line 2, after the dollar amount, in- pass a budget. by 72 percent while enrollment has in- sert ‘‘(increased by $82,500,000’’). So using the 302(b) allocation which creased by only 26 percent. It is dif- The Acting CHAIR. The gentlewoman we have, we have come up with these ficult to understand how this pro- from North Carolina is recognized for 5 numbers, not done in random, not done gram’s bureaucracy has grown three minutes. with any recklessness at all. We’re try- times as fast as its enrollment. Again, Ms. FOXX. Mr. Chairman, I will not ing to be very careful to make sure no it’s an accepted fact that breast-feed- take advantage of this mistake that I one falls through the crack. ing is good for infants and mothers, made. I appreciate the indulgence of But because this is a delicate card and I support mothers who choose to the ranking member and the chair of house, I rise in opposition to the gen- breast-feed, but coaching women on the committee, and I will just say that tleman’s amendment. breast-feeding is not the role of Wash- I would appreciate very much having I yield back the balance of my time. ington. the support for my amendment. b 1340 This program came to my attention Mr. Chairman, I yield back the bal- The Acting CHAIR. The question is earlier this year because of the budget ance of my time. on the amendment offered by the gen- crunches that all levels of government Mr. FARR. Mr. Chairman, I rise in tleman from Georgia (Mr. BROUN). are feeling. I was contacted by counties opposition to the amendment. The question was taken; and the Act- in North Carolina about this program, The Acting CHAIR. The gentleman ing Chair announced that the noes ap- and it was brought to my attention from California is recognized for 5 min- peared to have it. that most of the money is being used utes.

VerDate Mar 15 2010 02:50 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.047 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4209 Mr. FARR. Mr. Chairman, again, how Again, my colleagues across the aisle Mr. BROUN of Georgia. Mr. Chair- many times do they have to keep at- come here and say what a shame it is man, I move to strike the last word. tacking the WIC account, women, in- that you are picking on the WIC pro- The Acting CHAIR. The gentleman is fant and children? gram. Well, they took over $500 million recognized for 5 minutes. America has long decided that we out of the WIC program last year, put Mr. BROUN of Georgia. Mr. Chair- ought to be taking care of the most it in a totally unrelated program and man, I yield to my good friend, the vulnerable people in America. There said nothing about it. We didn’t come gentlewoman from North Carolina, are women who are pregnant, low-in- to the floor and say, you are mis- VIRGINIA FOXX. come, and what we’ve found is if you treating poor and disadvantaged Ms. FOXX. I thank my colleague don’t invest in teaching them how to women and children. No comments from Georgia for yielding. have proper nutrition during their were made about that. I just want to make a point in re- pregnancy, you have a risk of having a Again, I think it is very unfortunate sponse to my other colleague from low-weight baby. A low-weight baby, as that that is how we are characterized. Georgia. I agree with him. We are Dr. MCDERMOTT told us yesterday on I believe that we have an obligation, an bringing light to many of these pro- the floor, can cost up to a quarter of a obligation given to us by God, to help grams, and I think it is very important million dollars in incubation and hos- our fellow Americans who are less for- that we do so. pital costs, and this is preventable with tunate than we are. But it is not our I want to point out again, the WIC good nutrition. responsibility as Members of Congress bureaucracy has grown three times as We go on to teach women, once that to tax hardworking Americans who are fast as its enrollment in the last 10 baby is born, how to breast-feed that working all the time just to pay their years. This is an increase of $800 mil- child. We know that is good health bills and survive and use that money to lion in administrative costs. If we are practices. And then we keep the chil- help other people. That is not our job. not prepared at least to cut adminis- dren with nutrition in the first 5 years. Our job is to do everything we can to trative costs and programs that have That’s why it’s called women, infant create a good environment in this no business being offered at the Fed- and children; it’s about pregnancy, country for everyone to succeed, and eral level, then we are never going to birth and raising that child. And this that is the direction that I want to go. get control of our debt and our deficit. amendment wants to take $82 million By lowering our dependency on foreign I want to encourage both my Repub- out of that program which instructs governments, we will make our coun- lican and Democratic colleagues to women how to do proper breast-feeding try a better place to be. think about this. We have got to have and works with the States to do edu- As my colleagues have said over and accountability and we have got to start cational programs. over and over again in the debate on cutting, especially in the area of ad- We spent 3 hours last night debating this bill, we are borrowing 43 cents for ministration. the consequences of these cuts. And it’s every dollar that we spend. We have a Mr. BROUN of Georgia. I yield back one of those penny-wise, super-pound $14 trillion debt. There is a huge debate the balance of my time. foolish. It’s also one of those where you about our raising the debt ceiling that The Acting CHAIR. The question is know the cost of everything and the is going to be facing us. Do we really on the amendment offered by the gen- value of nothing. There is a lot of value want to ignore the opportunity to save tlewoman from North Carolina (Ms. in keeping women well nourished dur- $82.5 million in a program that has no FOXX). ing pregnancy and certainly keeping business being run out of the Federal The question was taken; and the Act- that newborn child well fed and nour- Government and help us deal with the ing Chair announced that the noes ap- ished. big issue that is facing us? That is peared to have it. To strike money from this program what Congress should be dealing with. Ms. FOXX. Mr. Chairman, I demand a is ill founded, and I strongly oppose the We should be dealing with the big recorded vote. amendment. issues. We should let these other issues The Acting CHAIR. Pursuant to Mr. Chairman, I yield back the bal- be dealt with at the local and State clause 6 of rule XVIII, further pro- ance of my time. ceedings on the amendment offered by Mr. GRAVES of Georgia. Mr. Chair- level. Mr. GRAVES of Georgia. Mr. Chair- the gentlewoman from North Carolina man, I move to strike the last word. will be postponed. The Acting CHAIR. The gentleman is man, I yield back the balance of my time. The Clerk will read. recognized for 5 minutes. The Clerk read as follows: Mr. GRAVES of Georgia. Mr. Chair- Mr. KINGSTON. I move to strike the man, I would like to yield to the gen- last word. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM tlelady from North Carolina (Ms. The Acting CHAIR. The gentleman from Georgia is recognized for 5 min- For necessary expenses to carry out the FOXX), who is an expert on this topic Food and Nutrition Act of 2008 (7 U.S.C. 2011 and whom I rely on. And I want to utes. Mr. KINGSTON. I want to thank my et seq.), $71,173,308,000, of which $3,000,000,000, thank the gentlelady for her comments colleague from North Carolina for put- to remain available through September 30, today. ting this discussion on the table, be- 2013, shall be placed in reserve for use only in Ms. FOXX. I thank the gentleman such amounts and at such times as may be- from Georgia for yielding to me. cause I think that it is important for come necessary to carry out program oper- I think it’s unfortunate that our col- us to look at the WIC program and ations: Provided, That funds provided herein leagues on the other side of the aisle make sure we are doing everything as shall be expended in accordance with section characterize our doing our best to efficiently and effectively as possible 16 of the Food and Nutrition Act of 2008: Pro- bring fiscal sanity to this country by and we are putting the money in the vided further, That this appropriation shall right direction. be subject to any work registration or saying that we do not care for people workfare requirements as may be required who are poor or disadvantaged. We had a very thorough, about a 6- hour debate about WIC yesterday. It is by law: Provided further, That funds made b 1350 available for Employment and Training a delicate card house that we are try- under this heading shall remain available Mr. Chairman, I grew up as poor as ing to balance with our committee until expended, notwithstanding section anybody in this body, and I know what mark. But I think the more sunshine 16(h)(1) of the Food and Nutrition Act of 2008: it means to be poor and to be hungry. we have, not just on WIC, but on other Provided further, That of the funds made I have no malice toward any person in Federal feeding programs, I think the available under this heading, $1,000,000 may this country, none, no malice toward better product we are going to come up be used to provide nutrition education serv- anyone in this body. However, we are with. So she and I have had some dis- ices to state agencies and Federally recog- on the verge of a fiscal disaster in this cussions on this. We are going to con- nized tribes participating in the Food Dis- country. There are many things that tribution Program on Indian Reservations: tinue to have discussions on it. But I Provided further, That funds made available could be done at the local level and the wanted to say I think it is a good de- under this heading may be available to enter State level, that should be done at the bate to be having, although I am not into contracts and employ staff to conduct local and State level, but absolutely supportive of the amendment. studies, evaluations, or to conduct activities should not be done at the Federal level. I yield back the balance of my time. related to program integrity provided that

VerDate Mar 15 2010 02:50 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.053 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4210 CONGRESSIONAL RECORD — HOUSE June 15, 2011 such activities are authorized by the Food Page 80, line 2, after the dollar amount, in- supplied in connection with dispositions and Nutrition Act of 2008. sert ‘‘(increased by $175,000,000)’’. abroad under title II of said Act, COMMODITY ASSISTANCE PROGRAM The Acting CHAIR. The gentleman $1,040,198,000, to remain available until ex- For necessary expenses to carry out dis- from Georgia is recognized for 5 min- pended. aster assistance and the Commodity Supple- utes. AMENDMENT OFFERED BY MR. GOSAR mental Food Program as authorized by sec- Mr. BROUN of Georgia. Mr. Chair- Mr. GOSAR. Mr. Chairman, I have an tion 4(a) of the Agriculture and Consumer man, I rise to offer my amendment amendment at the desk. Protection Act of 1973 (7 U.S.C. 612c note); which would cut $175 million in FY 2012 The Acting CHAIR. The Clerk will re- the Emergency Food Assistance Act of 1983; port the amendment. special assistance for the nuclear affected is- by eliminating the Foreign Agricul- lands, as authorized by section 103(f)(2) of the tural Service. This is a corporate wel- The Clerk read as follows: Compact of Free Association Amendments fare program that essentially gives Page 49, line 23, after the dollar amount, Act of 2003 (Public Law 108–188); and the handouts to private businesses that insert ‘‘(reduced by $100,000,000)’’. Farmers’ Market Nutrition Program, as au- don’t need taxpayer dollars in order to Page 80, line 2, after the dollar amount, in- thorized by section 17(m) of the Child Nutri- grow their profits. It is essential that sert ‘‘(increased by $100,000,000)’’. tion Act of 1966, $192,500,000, to remain avail- we make significant cuts to our budget The Acting CHAIR. The gentleman able through September 30, 2013: Provided, this year and focus on reducing our def- from Arizona is recognized for 5 min- That none of these funds shall be available utes. to reimburse the Commodity Credit Corpora- icit and tackle our debt. This is an un- tion for commodities donated to the pro- necessary program and a waste of b 1400 gram: Provided further, That notwithstanding money that we could use to reduce this Mr. GOSAR. Mr. Chairman, I rise in any other provision of law, effective with fiscal burden. support of my amendment that would funds made available in fiscal year 2012 to I understand the position that my cut $100 million from the billion-dollar support the Seniors Farmers’ Market Nutri- dear friend from Georgia is in. It is Food for Peace program and redirect it tion Program, as authorized by section 4402 true that the Ryan budget is the only of the Farm Security and Rural Investment to the rural American communities, budget to pass either House. I sup- Act of 2002, such funds shall remain available specifically to the Rural Business De- ported the Ryan budget, and I sup- through September 30, 2013: Provided further, velopment Loan Program. This $100 ported the Republican Study Com- That of the funds made available under sec- million will provide resources to rural tion 27(a) of the Food and Nutrition Act of mittee budget, which would have re- business development loan programs. 2008 (7 U.S.C. 2036(a)), the Secretary may use duced even more money from this bill. Small rural businesses and Indian up to 10 percent for costs associated with the Regardless of how one voted on a par- tribes and community organizations distribution of commodities. ticular budget, we all have an obliga- can use these loans to jump-start busi- NUTRITION PROGRAMS ADMINISTRATION tion to move the debate in a direction nesses in our devastated rural com- For necessary administrative expenses of that calls for more serious spending ments. the Food and Nutrition Service for carrying cuts. It is critical for the economic fu- I’ll give you one example: the Ben- out any domestic nutrition assistance pro- ture of our Nation. It is critical for our gram, $125,000,000: Provided, That of the funds nett Freeze. children and our grandchildren. It is provided herein, $1,500,000 shall be used for In the 111th Congress, we lifted the critical in creating new jobs and hav- the purposes of section 4404 of Public Law ban on this part of the Navajo Nation ing a stronger economy here in Amer- 107–171, as amended by section 4401 of Public last year. This ban prohibited any type Law 110–246. ica. of improvement to homes, businesses So I urge my colleagues to support TITLE V and livelihoods. As a result of the Ben- this amendment. FOREIGN ASSISTANCE AND RELATED nett Freeze, this area is worse than in I yield back the balance of my time. PROGRAMS many Third World nations. The Acting CHAIR. The question is FOREIGN AGRICULTURAL SERVICE What we are trying to do is address on the amendment offered by the gen- SALARIES AND EXPENSES this need, and we are trying to provide tleman from Georgia (Mr. BROUN). (INCLUDING TRANSFERS OF FUNDS) some resources to this group of folks. The question was taken; and the Act- For necessary expenses of the Foreign Ag- We need to address the high unemploy- ing Chair announced that the noes ap- ricultural Service, including not to exceed ment by empowering our rural commu- peared to have it. $158,000 for representation allowances and for nities. Please vote in favor of this expenses pursuant to section 8 of the Act ap- Mr. BROUN of Georgia. Mr. Chair- amendment. proved August 3, 1956 (7 U.S.C. 1766), man, I demand a recorded vote. I yield back the balance of my time. $175,000,000: Provided, That the Service may The Acting CHAIR. Pursuant to Mr. FARR. I rise in opposition to the utilize advances of funds, or reimburse this clause 6 of rule XVIII, further pro- amendment. appropriation for expenditures made on be- ceedings on the amendment offered by half of Federal agencies, public and private The Acting CHAIR. The gentleman the gentleman from Georgia will be organizations and institutions under agree- from California is recognized for 5 min- postponed. ments executed pursuant to the agricultural utes. The Clerk will read. food production assistance programs (7 Mr. FARR. This amendment reduces U.S.C. 1737) and the foreign assistance pro- The Clerk read as follows: grams of the United States Agency for Inter- $100 million for Food for Peace. I don’t FOOD FOR PEACE TITLE I DIRECT CREDIT AND know if the gentleman from Arizona national Development: Provided further, That FOOD FOR PROGRESS PROGRAM ACCOUNT funds made available for middle-income was here last night, but there was a lot (INCLUDING TRANSFERS OF FUNDS) country training programs, funds made of discussion about the American available for the Borlaug International Agri- For administrative expenses to carry out image abroad. Certainly, at a time cultural Science and Technology Fellowship the credit program of title I, Food for Peace when the world economy is hurting, program, and up to $2,000,000 of the Foreign Act (Public Law 83–480) and the Food for Progress Act of 1985, $2,385,000, which shall be this Food for Peace program is exactly Agricultural Service appropriation solely for that. the purpose of offsetting fluctuations in paid to the appropriation for ‘‘Farm Service international currency exchange rates, sub- Agency, Salaries and Expenses’’: Provided, We buy American goodwill. We buy ject to documentation by the Foreign Agri- That funds made available for the cost of this food from American farmers. They cultural Service, shall remain available until agreements under title I of the Agricultural produce it. We buy it. We ship it in expended. Trade Development and Assistance Act of American ships, and we distribute it in 1954 and for title I ocean freight differential AMENDMENT NO. 12 OFFERED BY MR. BROUN OF a food program that buys a lot of good- may be used interchangeably between the GEORGIA will for America at a time when the two accounts with prior notice to the Com- Mr. BROUN of Georgia. Mr. Chair- mittees on Appropriations of both Houses of conflicts of this globe are generated in man, I have an amendment at the desk. Congress. cultures of poverty, where people don’t The Acting CHAIR. The Clerk will FOOD FOR PEACE TITLE II GRANTS have access to proper nutrition, diet. I know from being a Peace Corps vol- designate the amendment. For expenses during the current fiscal The text of the amendment is as fol- year, not otherwise recoverable, and unre- unteer that the first thing people try lows: covered prior years’ costs, including interest to do is figure out where they’re going Page 48, line 11, after the first dollar thereon, under the Food for Peace Act (Pub- to get enough food to eat. You can’t go amount, insert ‘‘(reduced by $175,000,000)’’. lic Law 83–480, as amended), for commodities to school with kids because you’re

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.014 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4211 hustling to get firewood or you’re world by leaving dollars in the hands of Mr. BROUN of Georgia. Reclaiming hustling to get water or you’re the private sector—in people’s hands, my time, I appreciate your comments. hustling to find anything that will in churches, in synagogues, in But, you see, when I was sworn into produce food for the day. A woman mosques, and in different areas—with the Marine Corps and when I was sworn can’t do any of the other things, maybe the Salvation Army, et cetera. into Congress—now three times—I raising livestock, if she is just trying So I think we need to as a Congress swore to uphold the Constitution. I be- to hustle for food all-day long. start being fiscally responsible, but we lieve in this document as our Founding I mean, it just seems to me that the have been fiscally irresponsible for Fathers meant it, which means very most basic investment in preventing many years during Democrat as well as limited government. In fact, we are de- violence and war is the investment in Republican administrations, as well as stroying the very thing that has made nutrition and in trying to get fed par- under Democrat- and Republican-con- this country so great, so powerful, so ticularly those people in the poorest trolled Congresses. We just have to rich as a Nation, which is constitu- sectors of the world. We’ve got Sub-Sa- stop spending money. tionally limited government, the free haran Africa, and if people don’t get Mr. FARR. Will the gentleman yield? enterprise system, private property fed there, you’re going to have migra- Mr. BROUN of Georgia. I appreciate rights, personal responsibility, the rule tions of millions and millions of peo- Mr. FARR, and I yield to the gentleman of law, and morality. ple, and there is going to be no place to from California. It is absolutely critical, if we are put them. Nobody is going to want a Mr. FARR. I thank the gentleman for going to have a bright, shining star of big immigration of starving people yielding. liberty over the heads of America, that from other parts of Africa. It’s going to I just want to point out that you we rebuild those foundational prin- have an impact on us. Our intelligence used the term ‘‘nanny state.’’ Since ciples. That’s what I’m fighting for and agencies tell us it’s a security threat. we’re government, I don’t think any- will continue to do. An investment in food for people at body wants to be responsible for every- I yield back the balance of my time. the basic level is absolutely essential. body, to be responsible to raise the Mr. MCGOVERN. I move to strike the This is food raised by American farm- whole society; but I do think that this last word. ers, paid for by American dollars and help that you give people from the Fed- The Acting CHAIR. The gentleman sent where it is most needed in the eral Government and from local and from Massachusetts is recognized for 5 world. It is a very good program, and it State governments is absolutely essen- minutes. does, indeed, trade food for peace and tial. Mr. MCGOVERN. Mr. Chairman, I stability, so I think it would be unwise When you don’t have that infrastruc- want to rise in opposition to a previous to cut it by $100 million. ture of social services and needs there, amendment, to the Gosar amendment, I yield back the balance of my time. I’ll tell you what happens—people still which would eliminate the Food for Mr. BROUN of Georgia. I move to have those problems. Only they don’t Peace program and transfer it to rural strike the last word. have a place to go get them. So do you development. The Acting CHAIR. The gentleman is know what they do? They knock on I also was going to rise in opposition recognized for 5 minutes. your door. In America, we don’t have to the gentleman from Georgia’s Mr. BROUN of Georgia. Mr. Chair- to open our door day after day, with amendment, which also goes after Food man, I had an amendment following somebody holding a baby, as I saw in for Peace. I am glad he is withdrawing this one that would have totally elimi- the Peace Corps. There were people all it, but I find it astonishing that there nated funding for this program and, the time with dead babies, infants. are so many on the other side who are thus, would have presented a problem There were people who were begging attacking programs that I think are so to the House. So I am going to with- for money to bury them properly or vital to our national security. draw my amendment since Dr. GOSAR there were people asking you for extra Mr. GOSAR’s amendment would tell has introduced his. food after you finished your meal. They farmers that we will take away from It is absolutely critical that we stop know what time you eat, and ask, Can them $1 billion in U.S. purchases of spending money we simply do not have. you give your leftovers to us? their crops so that we can borrow Frankly, I don’t like transferring We don’t have that in America be- money in the form of loans for other money from account to account, be- cause we have an infrastructure that purposes. That’s essentially what he is cause I think the only transfer that we takes care of people. I think, if you to- proposing. Does that make sense to should do is the transfer into the debt tally wipe that out and say, well, leave anyone? reduction program so that we can re- it to charity, charity is just voluntary. So we tell U.S. farmers who have duce the Federal debt. It is absolutely It doesn’t always work. When the mar- been selling wheat, rice, soybeans, veg- critical for the economic future of this kets crash, the charity isn’t there. etable oil, beans, peas, lentils, and Nation. Poverty is still there. The need is still other commodities to the U.S. Govern- Since I am going to withdraw my there. You saw it as a doctor, and you ment that this market is closed to amendment following this, I wanted to know you’ve serviced people who them. So long. Goodbye. Go borrow get up and speak about this particular couldn’t pay their bills; but you do money. Go into debt. Take out a loan amendment and just say that I really have Medicare reimbursements and to develop the rural economy. appreciate what my good friend from other kinds of Medicare reimburse- Now, Mr. Chairman, I support the California (Mr. FARR) was saying about ments so that you can, even if they Rural Development program, and I ob- poor people. I am a medical doctor, and can’t pay their bills, get some form of viously support the Food for Peace pro- I deal with problems of nutrition for payment. If it were all left up to vol- gram. Both of them directly benefit my patients. I appreciate what Dr. untary, the doctors would have to American farmers. Mr. GOSAR himself FOXX did with her amendment about serve people who just have no money. I said Food for Peace title II (P.L. 480) eliminating this breastfeeding pro- don’t think all the poor people in merits support. gram. America would be taken care of. But you see, we are constrained by So we do have to concern ourselves the Constitution—or should be—and with how much care and spending we b 1410 Congress has gotten way, way away do, but at the same time, don’t wipe Well, let’s talk about why. It sup- from the original intent of the Con- out the programs that are essentially ports U.S. farmers, millers, freight rail, stitution. We cannot try to feed every- the life support systems of a society truck, and shipping. Food aid provided body in the world. We cannot continue that is as rich as America. We can af- by USAID is a lifesaving measure for 11 to try to be a nanny state for every- ford to take care of the people most million to 16 million vulnerable people body, even in this country. In the pri- vulnerable, whether they are aging or overseas. Our largest emergency food vate sector, if we mobilized them, there infants, and I think a lot of the discus- aid programs include Darfur and south- would be plenty of dollars to take care sion here has been about trying to de- ern Sudan, Afghanistan, Pakistan, of the needs of American citizens as lete the programs that help people at Haiti, and Ethiopia. U.S. food aid not well as those of the people around the their most vulnerable stages of life. only helps people survive; it supports

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.061 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4212 CONGRESSIONAL RECORD — HOUSE June 15, 2011 U.S. national security interests. It pro- China is not necessarily an immediate food. These cuts would significantly reduce motes stability and goodwill, espe- threat to us, but it is a concern to us. the United States’ ability to address insta- cially in Libya, Afghanistan, and Paki- China is rising as a military force and bility in volatile countries and decrease its stan. Our emergency and humanitarian certainly as an economic source, and capacity to respond quickly to the needs of hungry people affected by natural disaster or food aid sends the clear message to des- they are engaged all over the globe. armed conflict. perate people in need that the Amer- Often our international programs, in- Title II Assists People Affected by Natural ican people care. The Gosar amend- cluding food programs, keep us engaged Disasters ment sends the opposite message—that and gives us an opportunity to have PAKISTAN the American people don’t care at all; some doors open which we would not go ahead and starve. ordinarily have. In July 2010, floods ravaged Pakistan, af- fecting millions. WFP was able to reach peo- We need to support Food for Peace, America provides 57 percent of the ple quickly and began to distribute food just and we need to oppose that amend- food aid in the world, followed by the days after the record monsoon rains began. ment. But we also need to oppose EU at 27 percent and Japan at 6 per- The first food to reach the affected popu- amendments that gut essential food cent. Right now, China is not a major lation was funded by U.S. Food for Peace. and nutrition programs for poor people player. The oil-rich Middle East coun- The first helicopters that lifted food to re- not only here in the United States but tries certainly aren’t major players. mote valleys in Swat and the northern re- around the world. This notion that But it is about engagement. And it’s gions were also carrying U.S. food. Within somehow when we support programs interesting that we have a balance be- the first month, WFP was able to reach ap- proximately 3 million people and then scaled like Food for Peace, that it’s just help- tween developmental aid and emer- up very quickly to 7 million. Life-saving sup- ing a bunch of foreigners overseas, is gency aid. Because if there is a Haitian port was then followed by early recovery ac- just wrongheaded. It is American farm- disaster, we’re the first on the ground tivities which included school feeding and ers that produce much of the food that trying to get food to the people. But we nutrition support. goes to support the hungry around the need to also be there with develop- Story from the field: Razia Bibi and her world. It is American farmers that are mental aid to make sure that these family were badly hit in the floods that dev- so important in our battle against ter- countries are independent and that astated Pakistan last summer. Razia lives in rorism because, quite frankly, I think these countries do know how to grow a little village called Chandia in central Pakistan. She and her family lived on an em- these programs, as Secretary Gates has their own food and have their own re- bankment for a month last summer as mon- said, do more to enhance our national sources. soon flooding flattened all the homes in her security than anything else. So I just want to emphasize again community. As floodwaters subsided in Sep- I urge my colleagues who are coming that this program has been trimmed al- tember, they started to pick up the pieces of to the floor with amendments to gut ready 31 percent, and it seems to me their lives. Monthly food rations from WFP these programs, to stop it. Enough. the balance that will get this bill over have kept them going while they have re- These are essential programs. They to the Senate so that we can negotiate built their house and life has slowly returned help people who are helpless overseas further on it. We are in many, many to normality. Razia and her husband sold but also help support our economy here their three goats, their last major assets, to different countries around the world. rebuild their house using high-quality bricks in the United States and help our U.S. With that, I yield to the gentleman that would be more resistant in case of an- farmers. from Arizona, Dr. GOSAR. other flood. In December 2010, Razia picked With that, I yield back the balance of Mr. GOSAR. Thank you, my friend. up the family’s last food ration. Now that my time. I would like to reiterate that there is her husband is back at work and they have a Mr. KINGSTON. I rise in opposition an issue that we also have to take care house, she and her family are able to support to the amendment. of folks at home. For example, I themselves. Their six children are back at The Acting CHAIR. The gentleman brought up the Navajo Nation in the school and because of food assistance they were able to get back on their feet. from Georgia is recognized for 5 min- Bennett Freeze area. This is a treaty utes. responsibility of the United States in HAITI Mr. KINGSTON. Number one, we which we forbade different groups from In Haiti, in the immediate aftermath of have actually reduced this account 31 even raising to take care of a window the January 12th earthquake, WFP began percent. Again, as I have said many providing assistance within 24 hours and pane or create economic certainty. We swiftly organized general food distributions. times, passing an appropriation bill have to take care of our own, or we’ll that is building a card house, there’s a Only six weeks after the quake, WFP assist- not be able to help anybody across the ance, through partners such as World Vision, delicate balance. I have got my friend, world. And that’s why I actually rise in was reaching more than 4 million people, 35 Mr. MCGOVERN, who believes that support of my amendment. percent of which was from the U.S. govern- we’ve cut too much. I’ve got my friend, Mr. KINGSTON. Mr. Chairman, I do ment. In the following months, WFP also put Dr. BROUN, who believes we haven’t cut want to point out some of the things in place safety net interventions—including enough. And so we’re trying to move that this program is doing in Pakistan, school feeding and nutrition. Following the large general distribution, school feeding this legislation. Haiti, the Sudan, and Afghanistan. And I wanted to talk a little bit about was the quickest safety net intervention to I will submit that for the RECORD. PL–480 and say a couple of things. scale up, reaching over 500,000 school chil- P.L. 480 TITLE II dren. At the request of the Government, Number one, there is a national secu- History WFP then scaled up to assist 1 million chil- rity interest in it. This is not about dren. In October, a take-home ration was For more than 50 years, the United States international charity alone. We do also given to family members to get children Government has played a lead role in meet- have an interest. America needs to be back in school, especially those who had ing emergency humanitarian food needs dropped out after the earthquake. WFP also engaged around the world. When there through P.L. 480 Title II (Title II). Some of launched a blanket supplementary feeding is a natural disaster or manmade dis- the first U.S. food assistance resources as- program to all children five years of age and aster, if we’re not there, who will be sisted the war-devastated economies of Eu- under and pregnant/lactating women. there? And this is very important. My rope. As these economies regained their Story from the field: When the earthquake strength they began to pay for American friend Mr. DICKS is here, former chair- struck Haiti in January of 2010 Cassandre farm commodities. President Eisenhower man of the HAC-D Committee, and Chery and her family were just leaving their signed P.L. 480 Title II into law in 1954 and knows that in terms of the national de- home. A piece of concrete fell and broke her it was later renamed the ‘‘Food for Peace’’ fense, we have soldiers right now as I foot but otherwise they were uninjured. Her Act. speak in 60 different countries around home, however, was badly damaged. ‘‘It’s dif- the globe. Now, they are engaged for a Current Need and Impact of Cuts ficult to find work now,’’ said Cassandre who reason. It’s not a job-creation program. Currently, overall U.S. funding to WFP used to be a beautician. Her husband also has They’re keeping an eye on national se- feeds on average 35 million people. A cut of trouble finding work. Their two girls, who Title II to $1,040,198, as marked-up by the live with them in a tent in Port-au-Prince, curity interests. House Agricultural Appropriations sub-com- were forced to go hungry some days. But now If you travel in Africa or travel in mittee, would mean that 15 million people— Cassandre is back to work and she is rebuild- South America right now, you’ll see a primarily women and children—suffering ing her country with a food for work project new player that was not there 10 years from hunger as a result of conflict and nat- with World Vision and WFP. She receives ago, and that is the country of China. ural disasters would lose access to life saving food and cash to work clearing rubble from

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.063 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4213 roads and drainage channels. ‘‘This works ventions and build sustainable assets for the The Acting CHAIR. The question is means a lot to me,’’ she said. ‘‘It has helped communities through food-for-education, on the amendment offered by the gen- me pay school fees and feed my two daugh- food-for-work, and food-for-training. tleman from Arizona (Mr. GOSAR). ters.’’ Story from the field: When Taliban forces The question was taken; and the Act- arrived in their village Jamila’s husband lost Story from the field: At Sister Mary Ber- ing Chair announced that the noes ap- nadette’s primary school in Port-au-Prince, both his legs during the fighting. Jamila’s students began gathering after the earth- family was forced to sell their farmland to peared to have it. quake, though classes had not yet resumed. pay for his treatment and they suddenly Mr. GOSAR. Mr. Chairman, I demand Most had lost their homes, and a family found themselves unable to feed their four a recorded vote. member or friend. They came in search of children. ‘‘I will never forget the day I real- The Acting CHAIR. Pursuant to support and in search of something familiar. ized we had nothing to eat,’’ Jamila said. Her clause 6 of rule XVIII, further pro- As plans came together to begin makeshift husband’s family refused to provide assist- ceedings on the amendment offered by lessons, WFP started distributing daily ance and told her to marry off her teenage the gentleman from Arizona will be meals to Sister Mary Bernadette’s students. daughters in order to get dowry money. postponed. Jamila’s husband, frustrated, depressed and ‘‘They’d simply be too weak to study if they AMENDMENT OFFERED BY MR. BROUN OF weren’t able to eat something at school,’’ she hungry, often took his anger out on her. All of that changed, however, when Jamila GEORGIA says. ‘‘It’s important for them to have a Mr. BROUN of Georgia. Mr. Chair, I meal here. Most of them come from very began a training program with WFP that poor families.’’ Sister Mary Bernadette says provided her with a new set of skills while have an amendment at the desk. that the food ‘‘helps [them] to study and her family received food rations. Now Jamila The Acting CHAIR. The Clerk will re- stay focused in class. When they don’t eat, is able to support her family by selling chil- port the amendment. they don’t hear, they don’t listen, they don’t dren’s clothes to a local shop. ‘‘Now that I The Clerk read as follows: see.’’ A year after the earthquake, things in have a skill and am providing for my family, Page 49, line 23, after the dollar amount, her school are improving. During the sum- all the members of my family respect me,’’ insert ‘‘(reduced by $940,198,000)’’. mer break, crews tore down the damaged she says. By providing food aid while Jamila Page 80, line 2, after the dollar amount, in- building and workers are now putting the received training she was able to stave off sert ‘‘(increased by $940,198,000)’’. final touches to temporary classrooms. The hunger while she built a new life for her fam- The Acting CHAIR. The gentleman is students seem to be recovering too, said the ily. recognized for 5 minutes. school principal. ‘‘Some of them are still Story from the field: For years the people of Dega Payan had to travel five hours on Mr. BROUN of Georgia. Thank you, struggling though. When you lose a member Mr. Chairman. of your family, your mother or your father, foot or by donkey to the nearest medical clinic. Travel by car was impossible as there Again, as I spoke on the previous you just can’t forget. But we do our best to amendment, we just don’t have the help them.’’ were no roads leading to their remote village in one of Afghanistan’s poorest provinces money. It’s very altruistic of my Title II Assists Those Affected by Conflict (Badakhshan) which has high level of under- friends on both sides to want to feed and Helps Restore and Maintain Stability nutrition and food insecurity. Now, as a re- in Volatile Regions people all over the world. I very much sult of a WFP program that employed local would like to be able to do so, but we SUDAN villagers to build a road while providing can’t feed our people here at home. their families with much needed food assist- WFP assistance in Sudan, reaching 6.7 mil- We’ve got a high jobless rate. We just lion people, has been a critical stabilizing ance, a road has been completed connecting factor since the Comprehensive Peace Agree- Dega Payan to the larger town of Ziraki, have to simply stop spending money ment (CPA) was signed in 2005. In 2010, near- where there is a clinic. This has made the that we don’t have. And this would just ly half of assistance to WFP in Sudan was village accessible by road and allows local zero out the balance of the funds if my generously provided by the U.S. government. farmers to get their crops to markets more friend from Arizona’s amendment is in- This assistance has provided stability easily and allows traders to bring supplies deed passed into this bill. throughout the South Sudan referendum into the village that were not available be- Mr. Chairman, as we look at where process. Readiness, contingency measures fore. we’re going as a Nation, we’ve got to be and pre-positioning, has allowed WFP to re- MCGOVERN-DOLE INTERNATIONAL SCHOOL focusing on jobs and the economy. We spond quickly to any situation, including the MEALS PROGRAM have to leave dollars in the hands of current population displacements in Abyei BACKGROUND businesses, particularly small busi- (an area between south Sudan and Sudan). Approximately 2.7 million children receive WFP’s strategic engagement for post-ref- nesses. Leave the dollars in the hands McGovern/Dole school meals through WFP, of individuals so that they can take erendum South Sudan is vital for ensuring a which helps them fight short-term hunger, smooth transition. WFP’s engagement will increase their concentration/performance in care of their own needs and their own support the restoration of sustainable assets school, encourages parents to send them to communities instead of building a big- for the communities, infrastructure (feeder school, and helps girls to get an education. A ger and bigger Federal program to try roads), safety nets (school feeding, seed pro- better educated girl will make more in- to take care of everybody’s needs all tection, nutrition), strategic food reserve, formed choices and will grow up to raise a over the world. Government capacity in food security anal- more food secure family. Promoting girls We just simply do not have the ysis, and support to smallholder farmers education is crucial in countries where there money. And it just has to stop. And it’s through purchase-for-progress. are serious gender disparities. Every $50 cut Story from the field: Food assistance has time to stop right now. We’re headed in the program would deny a child access to toward an economic cliff in this Na- played a critical role in southern Sudan over food for a whole school year. Without a daily the last few years and has been key in sup- meal, many poor children would not attend tion. And it may be very soon where porting families returning home. Grace class with long-term ramifications for the we’re going to be off that cliff, where Lado, a 25 year old mother of 2, fled fighting child, the community and the country. everybody in this country except for in Juba in southern Sudan when she was Story from the field: In Afghanistan WFP the extremely wealthy are going to be only 7 years old. When her family decided to hands out take-home rations of vegetable oil forced into just tremendous poverty. move back a WFP food ration made it pos- to approximately 600,000 girls (in addition to We have a potential of having riots in sible. In spite of the deteriorating security the on-site meals) as an incentive for the situation, WFP is currently feeding some the streets and bloodletting in this parents to send their girls to school. In a country because of the great debt and 530,000 people across southern Sudan. In ad- school in Laghman Province, one of the dition to food assistance WFP is also helping teachers told WFP ‘‘There are more girls spending that’s going on. We’re de- to repair roads and assist farmers across the coming to school now because of the food. stroying jobs. We’re destroying our region so that those the country can get on Before I had six classes, now I have twelve.’’ economy. And it just must stop. The a path to sustainable growth. Until then, In the same region, girls’ enrolment in- sooner, the better. My amendment however, these lifesaving food rations are creased by 40 percent by end of 2008 from the would simply zero out the rest of the helping people to build a stable and secure baseline data 2 years earlier, and attendance funds in this program. I think it’s crit- foundation in a country that is hopeful for a rate for girls improved by 30 percent from ical for us just to stop spending money. brighter future. baseline. Families realize that girls are AFGHANISTAN bringing income by going to school. A girl at USDA State Department In 2010, the U.S. government supplied 36 the same school queuing for her oil ration said ‘‘We are so happy to get this oil. We are Programmed food aid, Voting practices in the UN, 2010 percent of the assistance to WFP in Afghani- 2010 stan, enabling WFP to assist 7 million people poor and our family is happy with us since (or 25 percent of the population) and, we can bring something of value to our 2010—received food Votes only (%) Overall (%) Important (%) aid through its strategic engagement, helps de- homes’’. ploy an effective system of safety net inter- I yield back the balance of my time. Algeria ...... 30.4 81.7 16.7

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USDA State Department all those things, thank God, we paid you did as a profession and then cut- for. But then to say, okay, we’re going ting these programs, because these go Programmed food aid, Voting practices in the UN, 2010 2010 to now reduce this fiscal disaster by to the children that we think the med- just attacking the most vulnerable ical profession so much appreciates 2010—received food Votes only (%) Overall (%) Important (%) aid people in the world and wiping out the trying to care for. I mean, if you can’t Food for Peace program. feed children, if you can’t feed women, Angola ...... 30.6 81.9 33.3 Burkina Faso...... 32.3 82.7 25.0 Where are we? Where is the image of and you can’t feed infants, no matter Burundi ...... 25.0 79.3 77.8 America? Where is that heart and soul? where in the world they are, problems Cameroon ...... 44.7 88.9 60.0 Central African Rep. ... 37.7 84.1 66.7 Where is that feeling of people that are going to occur. Big, serious prob- Chad ...... 0.0 66.7 0.0 love our country because of the hand- Congo, Democratic lems. That is not fiscal conservative. Rep. of ...... 46.2 87.2 75.0 outs we do give at a time of need? That is just not very intelligent. Congo, Republic of ..... 37.9 84.3 42.9 Djibouti ...... 33.8 82.8 40.0 We’re there to respond to disasters. The Acting CHAIR. The time of the Ethiopia ...... 32.8 83.2 44.4 And we can’t just be that responder gentleman has expired. Gambia ...... 31.3 82.0 40.0 Guinea-Bissau ...... 31.3 82.2 40.0 that says, okay, we’re going to respond Mr. BROUN of Georgia. Mr. Chair- Kenya ...... 31.7 83.0 57.1 with our war machine. We’ve got to re- man, I would like to bring a point of Liberia ...... 35.9 83.9 54.5 Madagascar ...... 32.3 82.5 44.4 spond with our heart and our soul and order about the gentleman’s accusa- Malawi ...... 35.3 83.2 50.0 the character of American human tions that I want to do harm. I believe Mali ...... 30.8 82.4 30.0 Mauritania ...... 32.4 82.4 30.0 beings, which is very giving and very this meets the criteria of taking down Mozambique ...... 27.9 81.1 33.3 compassionate. To wipe out the Food his words, and I would like a ruling Niger ...... 32.8 83.1 33.3 Rwanda ...... 50.0 86.9 57.1 for Peace program is not a wise thing from the Chair regarding that. Senegal ...... 31.8 82.7 33.3 to do. The Acting CHAIR. All Members will Sierra Leone...... 38.6 83.6 55.6 Somalia ...... 28.8 80.7 27.3 Mr. DICKS. Will the gentleman suspend. Sudan ...... 31.4 81.8 30.8 yield? The Clerk will report the words. Tanzania ...... n/a n/a n/a Uganda ...... 8.6 76.3 60.0 Mr. FARR. I yield to the gentleman Mr. BROUN of Georgia. Mr. Chair- Zambia ...... 33.3 82.9 44.4 from Washington. man, I withdraw my point of order. Zimbabwe ...... 30.4 81.3 30.8 Afghanistan ...... 34.3 82.4 46.2 Mr. DICKS. I would just say to the The Acting CHAIR. The demand is Bangladesh ...... 32.9 82.2 77.8 Chair and to the author of the amend- withdrawn. Cambodia ...... 30.9 81.9 25.0 India ...... 25.4 82.6 14.3 ment, who’s a doctor, a medical doctor, Mr. DICKS. I will revise my words Laos ...... 27.4 81.6 22.2 remember the Hippocratic oath: Do no and make sure that it will not be an in- Nepal ...... 35.8 83.5 33.3 Pakistan ...... 21.3 81.2 22.2 harm. sult to the gentleman. Philippines ...... 31.3 82.7 33.3 This amendment, if it is enacted, will I appreciate him withdrawing his Sri Lanka ...... 31.9 82.1 25.0 Tajikistan ...... 30.0 82.1 30.0 deny millions of people getting food. point of order. Yemen ...... 33.3 82.6 40.0 Millions of children’s lives have been The Acting CHAIR. Without objec- Colombia ...... 36.1 84.7 50.0 tion, the gentleman from Washington Dominican Republic.... 36.4 83.4 36.4 saved because of this program and I Ecuador ...... 32.4 82.4 30.0 hope the Broun amendment will be de- may revise his remarks. Guatemala ...... 37.9 84.2 62.5 There was no objection. Haiti ...... 31.8 82.6 30.0 feated. Honduras ...... 63.4 83.6 60.0 Mr. BROUN of Georgia. Will the gen- Mr. MCGOVERN. Mr. Chairman, I Nicaragua ...... 30.4 81.7 15.2 tleman yield? move to strike the last word. The Acting CHAIR. The gentleman I yield back the balance of my time. Mr. FARR. How much time do I have Mr. FARR. I rise in opposition to the left? from Massachusetts is recognized for 5 amendment. The Acting CHAIR (Mr. SCHOCK). The minutes. The Acting CHAIR. The gentleman gentleman has 11⁄2 minutes remaining. Mr. MCGOVERN. Mr. Chairman, I from California is recognized for 5 min- Mr. FARR. I yield to the gentleman rise in very, very, very strong opposi- utes. from Georgia. tion to this amendment gutting the Mr. FARR. Again, I don’t know how Mr. BROUN of Georgia. I appreciate Food for Peace program. Food for many times we have to reiterate that the gentleman yielding. peace. these cuts, squeezes, and trims hurt the Mr. DICKS, I resent the fact that you I find it somewhat ironic that we most vulnerable people in America and accuse me of wanting to do harm, be- have people who oppose food for peace abroad. My good friend talked about a cause I do not—— but support weapons for war without fiscal disaster that we are having in Mr. DICKS. You don’t think your giving it a second thought. The fact of America and then just goes amendment amendment will do harm, sir? the matter is that this amendment after amendment attacking the people Mr. BROUN of Georgia. No, sir. Actu- would do great harm to some of the that are most vulnerable. This one just ally, it will do good. most helpless people in the world. I be- wipes out the entire program. The thing is, we come to the crux of lieve very, very strongly on a bipar- I wish the Member had been here to the problem here in that some people tisan basis that this amendment should watch what happened in the early part in this body believe that the Federal be defeated. of this decade when a partnership with Government ought to take care of ev- The Food for Peace program has the rich was created in this Congress to erybody in the world, and I would love saved the lives of millions and millions help in every tax way possible, in every to be able to do that. There’s no end of of people. It is a good program. It is expenditure way possible, in building good things that can be done all over something we should be proud of in up the war machine to respond to Iraq this world. But for you to accuse me of this country, and on a bipartisan basis, and Afghanistan. The rich got richer. wanting to do harm to people, I resent I believe, we are proud of the Food for The corporations that built all the that. Peace program. I think we need a big equipment for our men and women in Mr. DICKS. It’s your amendment, sir. bipartisan vote to defeat this amend- uniform got a lot of profits. We did I didn’t get up here and offer an amend- ment. that by putting it all on the credit card ment that would cut funding. I appreciated the chairman’s remarks of the American taxpayer. We just Mr. BROUN of Georgia. Sir, I have earlier, and I thank him for his com- charged it up. Yes, we ran up an incred- the time. ments on this issue. ible deficit. I do resent the fact that you accuse Mr. DICKS. Will the gentleman me of wanting to do harm. Mr. Chair- yield? b 1420 man, I’m not sure if this comes to a Mr. MCGOVERN. I yield to the gen- The gentleman fails to look at the point of order of taking down the gen- tleman from Washington. other side of the coin. He talked about tleman’s words, but I bring forth a Mr. DICKS. We’ve already cut this the fact he had been in the Marine point of order. program by 38 percent below the Presi- Corps. The Marine Corps was also put Mr. FARR. Reclaiming my time, Mr. dent’s budget request and 31 percent on that tax credit card. The uniform, Chairman, in finishing, I would just below last year. That is a major cut in the free medical service he got, the like to say, there is some inconsistency this program. To go any further, I food that he ate while he was a Marine, and insincerity here in stating what think, would be a big mistake.

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.017 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4215 I thank the gentleman for yielding. leagues from the other side and thank It’s important to make serious cuts Mr. MCGOVERN. I thank the gen- Mr. KINGSTON as well and hope that as wherever and whenever we can, and tleman. I would just say that, yes, we we proceed through the process that we this funding is not tied to a specific na- need to get serious about the deficit might be able to find some common tional security interest. So we can af- and we need to find ways to bring this ground, perhaps get a little bit more ford to do without it. I think we should deficit down. But taking food out of assistance for these vital programs, but do without it, but I’m offering my the mouths of children is not the way let’s try to keep our emotions down a amendment, and I hope it passes. to do this. little bit because everybody feels very I yield back the balance of my time. I can go through a litany of things strongly, but yet our common goal is Mr. MCGOVERN. Mr. Chairman, I that deserve to be cut, from some of to lift this country up, and by helping move to strike the last word. the subsidies that we provide some of others, we do that. The Acting CHAIR. The gentleman the big agricultural businesses to the I yield back the balance of time. from Massachusetts is recognized for 5 subsidization of the oil companies to The Acting CHAIR. The question is minutes. some of the tax breaks for the Donald on the amendment offered by the gen- Mr. MCGOVERN. Mr. Chairman, this Trumps of the world. I would rather tleman from Georgia (Mr. BROUN). is simply a bad amendment. It elimi- start there. But to take, to denigrate The question was taken; and the Act- nates funding for one of the U.S. signa- this program, I think, is wrong. This is ing Chair announced that the noes ap- ture programs to reduce child hunger something we should be proud of, and, peared to have it. in the world. I helped establish the in a bipartisan way, we should be proud Mr. BROUN of Georgia. Mr. Chair- George McGovern-Robert Dole Inter- of this. Presidents, both Republican man, I demand a recorded vote. national Food For Education Program, and Democratic, have supported this The Acting CHAIR. Pursuant to first as a pilot project in 2000, and then program, and this is vital to the sur- clause 6 of rule XVIII, further pro- as a permanent program in the 2002 vival of so many people around the ceedings on the amendment offered by farm bill. It has always had strong bi- world. the gentleman from Georgia will be partisan support, including from my Again, I would reiterate what Sec- postponed. colleague and my friend JO ANN EMER- retary Gates said. These programs, The Clerk will read. SON and then-Congressmen, now-Sen- these developmental programs, are im- The Clerk read as follows: ators JOHN THUNE and JERRY MORAN. portant to our national security. I’m COMMODITY CREDIT CORPORATION EXPORT McGovern-Dole has one basic goal: going to tell you, they do more to help (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT provide at least one nutritious meal to improve our image and protect our se- (INCLUDING TRANSFERS OF FUNDS) some of the world’s most vulnerable curity around the world than a lot of For administrative expenses to carry out children in a school setting. It has re- these other programs that we have the Commodity Credit Corporation’s export duced the incidence of hunger among that export military hardware all guarantee program, GSM 102 and GSM 103, $6,820,000; to cover common overhead ex- school-age children. It has increased around the world. This is important. school enrollment and attendance. It This is real. This saves lives. penses as permitted by section 11 of the Com- modity Credit Corporation Charter Act and has increased the support of families I would urge my colleagues on a bi- in conformity with the Federal Credit Re- and communities for education, espe- partisan basis to soundly reject this form Act of 1990, of which $6,465,000 shall be cially for girls. amendment and let us support food for paid to the appropriation for ‘‘Foreign Agri- McGovern-Dole is a proven success. peace. Let us support food programs for cultural Service, Salaries and Expenses’’, Instead of cutting its funding, let alone the poor. That’s who we are. That re- and of which $355,000 shall be paid to the ap- eliminating it, we should be scaling it flects well on this country. I urge my propriation for ‘‘Farm Service Agency, Sala- up. The cuts to McGovern-Dole already ries and Expenses’’. colleagues to defeat this amendment. in the bill would end school meals for MCGOVERN-DOLE INTERNATIONAL FOOD FOR I yield back the balance of my time. more than 400,000 children. Eliminating Mrs. EMERSON. Mr. Chairman, I EDUCATION AND CHILD NUTRITION PROGRAM the funding would literally take the move to strike the last word. GRANTS The Acting CHAIR. The gentlewoman For necessary expenses to carry out the food out of the mouths of over 5 mil- from Missouri is recognized for 5 min- provisions of section 3107 of the Farm Secu- lion of the world’s most vulnerable utes. rity and Rural Investment Act of 2002 (7 children. Mrs. EMERSON. I have been sitting U.S.C. 1736o–1), $180,000,000, to remain avail- Mr. Chairman, it’s bad enough to ig- able until expended: Provided, That the Com- back listening to all of the discussion nore hungry children. It’s even worse modity Credit Corporation is authorized to to give a hungry child a meal, to give here on a subject that is near and dear provide the services, facilities, and authori- to my heart, and it has been near and their parents hope for a better future, ties for the purpose of implementing such and then take it away. These are not dear to our family since the very first section, subject to reimbursement from time my late husband came back from amounts provided herein. just numbers in a bill. These are real living, breathing human beings, real Ethiopia having sobbed, as he told me, AMENDMENT NO. 6 OFFERED BY MR. BROUN OF a story about a child from Ethiopia GEORGIA children who are in school, many for who died in his arms. Mr. BROUN of Georgia. Mr. Chair- the very first time because the U.S. is man, I have an amendment at the desk. working with local communities to ad- b 1430 The Acting CHAIR. The Clerk will vance education and nutrition. Now, I will say that there’s been an designate the amendment. Now, I’ve visited some of these pro- awful lot of rhetoric on this, and I The text of the amendment is as fol- grams around the world. I respectfully think that the chairman, in spite of lows: suggest to those who want to eliminate the fact that I don’t like the number, I Page 50, line 18, after the first dollar them to first go and see with their own don’t like the numbers that we’ve been amount, insert ‘‘(reduced by $180,000,000)’’. eyes what they are doing on the given, the chairman, who also has trav- Page 80, line 2, after the dollar amount, in- ground, look these children, their par- eled to Africa and has seen up close and sert ‘‘(increased by $180,000,000)’’. ents, their teachers, their community personal how these programs really do The Acting CHAIR. The gentleman leaders in the eye, and make sure you make a difference for those of us who from Georgia is recognized for 5 min- want to tell them you don’t care if live here in the United States, how im- utes. they go hungry or get a chance to go to portant these programs are for our na- Mr. BROUN of Georgia. Mr. Chair- school. tional security, as Mr. MCGOVERN said man, I rise to offer my amendment In Colombia, I visited a program in and Mr. DICKS, and also how important which would zero out the McGovern- Soacha, on the outskirts of Bogota. On it is that America, which is still the Dole program and save taxpayers $180 barren hillsides, surrounded by shan- richest country in the world in spite of million in the coming fiscal year. We ties housing thousands of internally our financial difficulties, has respect simply cannot continue to dole out displaced families, children were re- and wants to help others because we money that we simply don’t have, par- ceiving a school breakfast and lunch. ourselves have been so well blessed. ticularly when we’re experiencing such Mothers and grandmothers were train- So I rise in opposition to this amend- a huge economic crisis and economic ing as cooks, preparing the meals. ment, and I want to thank my col- emergency here at home. Clearly visible in the cafeteria were

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.068 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4216 CONGRESSIONAL RECORD — HOUSE June 15, 2011 USAID bags of grains, beans, and len- Mrs. EMERSON. I move to strike the Mrs. EMERSON. I yield to the gen- tils. last word, Mr. Chairman. tleman from Massachusetts. One mother came up to me and said, The Acting CHAIR. The gentlewoman Mr. MCGOVERN. I also want to say Please thank the American people from Missouri is recognized for 5 min- that this program is named after when you go back home. I couldn’t feed utes. George McGovern and Robert Dole. So my children. I couldn’t send them to Mrs. EMERSON. I’m not going to by the very naming of this program, it school. I was afraid my son—who was take the entire 5 minutes. I do want to shows the bipartisanship that has been 11 years old—was going to join the say a couple of things. involved in forming this program from paramilitaries or the guerrillas just to Number one, I totally associate my- the very beginning. I think we all get food. Now my son is getting fed, self with the remarks of my colleague should be proud of that in this Con- and he’s staying in school. Please tell from Massachusetts, and it is quite gress. the American people thank you. true that taking away the program Mrs. EMERSON. And we should be. In Nairobi, Kenya, in the largest funding would, in fact, literally take Elizabeth Dole took over for Bob after slum in the world, I went to a McGov- food out of the mouths of 5 million he left the Senate. And this was a very ern-Dole breakfast and lunch program. hungry, hungry children. important issue for her, but it has al- I was amazed by the students’ energy I also want to add, because I know ways been one that is bipartisan and and achievements. The school principal that people probably don’t understand one that helps lift other people up be- showed me how they store and prepare this if you haven’t been working with cause we really do have so much here. the U.S. commodities that feed her stu- this program, is that countries actu- I yield back the balance of my time. dents and how all the students know ally graduate from this program. This Mr. FARR. I move to strike the last that this is a program from the people is not an ongoing effort in every single word. The Acting CHAIR. The gentleman of the United States of America. country, whether Colombia might have from California is recognized for 5 min- I ate a cereal mush made from yellow graduated, Nicaragua, and other coun- utes. peas, grown by American farmers, in a tries. But, you know, with so many threats Mr. FARR. I rise in opposition to the room full of children. The kids dug into against our Nation, I just think it’s im- amendment. this food like it was manna from heav- portant to share America’s bounty I just want to make one short com- en. One little boy would take a bite and with hungry children in other places ment. What happens in this program is then scoop a small amount out of his and in critical places around the world that we contract with countries to cre- bowl and put it into his pockets. He so that we can help America feed their ate these incentives to get kids to go was taking food home to his younger hungry bodies out of goodness. to school. And you have heard the in- siblings who don’t get anything to eat credible stories that the gentleman b 1440 at all. from Massachusetts, Congressman JIM Outside of Nairobi is Masai country And it really is something that the MCGOVERN, just gave us on his experi- and a school for girls where McGovern- entire Defense Department—you ask ences in visiting these countries. Dole provides a hot lunch. I helped any Army officer or any member of the It’s not only that these contracts are cook and serve the meal of U.S. bulgur armed services, when they are in areas made with countries so they have to wheat and locally grown vegetables. where these children’s lives are being put something into it, but they also One student told me how grateful she changed by a bowl of mush, as Mr. have a way of working themselves out. was to go to school and eat every day. MCGOVERN said, it makes a huge dif- So it’s not one of those, going back to She grew up in a village over a hun- ference. It makes them able to go to Congressman BROUN’s comment earlier dred miles away. When she was 12, her school. It makes little girls have the about Nannygate—this is a ‘‘work father told her that she had to marry a only opportunity they will ever get for yourself out of a program.’’ You can much older man. She refused. Her fa- any kind of education, and it is abso- get off the program by having it work. ther ordered her to go to her uncle’s lutely ridiculous that people don’t un- And then you can move the moneys to house, get his machete, and bring it derstand how important this is for the another country. So I think it’s an out- back to him. She knew that her father security of our country. standing program and worth keeping was going to kill her. She ran away, I yield to the gentleman from Massa- and certainly this cut would ruin it all. walking alone for days, because she chusetts. I yield back the balance of my time. had heard of this school. She was then Mr. MCGOVERN. I just want to Ms. DELAURO. I move to strike the 15, healthy, well-fed, and at the top of thank the gentlewoman for her com- last word. her class. I knew I was talking to ments and to thank her for her leader- The Acting CHAIR. The gentlewoman someone who could be president some- ship not only on this issue but on some from Connecticut is recognized for 5 day. In the very best way, this young of the other issues to help hungry chil- minutes. woman will never forget us. dren around the world. Ms. DELAURO. Mr. Chairman, I rise And in the very worst way, when we I just want to also commend her for in opposition to this shortsighted and I take food away from children, families, making the point that in the McGov- believe dangerous amendment that will and schools, those communities will ern-Dole program, there are provisions increase suffering and misery all never forget us either. They won’t for- that require that countries graduate around the world and put American get that we took away their children’s out of the program. So this is not a men and women in danger. And my col- future. I wouldn’t forget it if it were permanent U.S. handout, if you will. leagues have addressed that issue as my child. Would you? This is some support to help get estab- well. Mr. Chairman, there are many ways lished school feeding programs that The appropriations legislation before to advance U.S. national security and will, one, get more kids in school; and us is already remarkably stingy with economic interests abroad. Education two, give kids a nutritious meal. regards to international food aid. It and child nutrition are very much at Mrs. EMERSON. And if I could re- cuts the McGovern-Dole Food for Edu- the top of that list. It is important claim my time, the countries actually cation Program by 10 percent below the that we support the McGovern-Dole take this program over. This is a jump- President’s request and Food for Peace program. This has enjoyed incredible start and one that, you know, for no by an astonishing $650 million. It is a 38 bipartisan support, and I’m going to other reason, little girls would never percent reduction. Now Mr. BROUN pro- tell you this does more to enhance our go to school. And to me, it’s just poses to zero out McGovern-Dole en- national security than sending weap- shocking. We take these things for tirely. This is a program that, as you ons to countries all over the world. granted in this country. But it sets a can tell by its name, has been a hall- The people who benefit from this pro- very, very good example and gives mark of bipartisan leadership for over gram know it comes from the people of these children and their families an op- a decade now. It is a linchpin in our the United States of America. This is a portunity to do more for themselves diplomatic efforts in developing na- good program. Support the McGovern- with just a wee bit of help from us. tions. Dole program. Reject this amendment. Mr. MCGOVERN. Will the gentle- Make no mistake. Cutting McGovern- I yield back the balance of my time. woman yield? Dole endangers our national security.

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.072 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4217 Zeroing out this program, as this The Acting CHAIR. The question is pended: Provided further, That fees derived amendment calls for, would needlessly on the amendment offered by the gen- from prescription drug, medical device, ani- put the safety and the security of tleman from Georgia (Mr. BROUN). mal drug, animal generic drug, and tobacco American families at risk. The question was taken; and the Act- product assessments for fiscal year 2012 re- ceived during fiscal year 2012, including any For the first time in history, over 1 ing Chair announced that the noes ap- such fees assessed prior to fiscal year 2012 billion people—one in six—are under- peared to have it. but credited for fiscal year 2012, shall be sub- nourished worldwide. Every 6 seconds, Mr. BROUN of Georgia. Mr. Chair- ject to the fiscal year 2012 limitations: Pro- a child dies because of hunger and re- man, I demand a recorded vote. vided further, That in addition and notwith- lated causes. And this hunger forces The Acting CHAIR. Pursuant to standing any other provision under this people into desperate acts and dan- clause 6 of rule XVIII, further pro- heading, amounts collected for prescription gerous pacts. Famine and starvation ceedings on the amendment offered by drug user fees that exceed the fiscal year 2012 the gentleman from Georgia will be limitation are appropriated and shall be create the conditions for militant ex- credited to this account and remain avail- tremism, the very extremism our postponed. able until expended: Provided further, That of troops fight in Afghanistan and around The Clerk will read. the total amount appropriated: (1) the world. The Clerk read as follows: $799,820,000 shall be for the Center for Food And so McGovern-Dole, and the TITLE VI Safety and Applied Nutrition and related international food aid it provides, is a RELATED AGENCIES AND FOOD AND field activities in the Office of Regulatory crucial front in our efforts to combat DRUG ADMINISTRATION Affairs; (2) $1,031,205,000 shall be for the Cen- ter for Drug Evaluation and Research and re- DEPARTMENT OF HEALTH AND HUMAN global terror. We fight hunger and pov- lated field activities in the Office of Regu- SERVICES erty, and we undercut the recruiting latory Affairs; (3) $327,651,000 shall be for the base of those who would threaten us. FOOD AND DRUG ADMINISTRATION Center for Biologics Evaluation and Re- As former National Security Adviser SALARIES AND EXPENSES search and for related field activities in the Sandy Berger wrote in The Los Angeles For necessary expenses of the Food and Office of Regulatory Affairs; (4) $157,874,000 Times, ‘‘Ensuring that no child goes to Drug Administration, including hire and pur- shall be for the Center for Veterinary Medi- school hungry is the single greatest in- chase of passenger motor vehicles; for pay- cine and for related field activities in the Of- vestment we can make in building ment of space rental and related costs pursu- fice of Regulatory Affairs; (5) $321,171,000 ant to Public Law 92–313 for programs and shall be for the Center for Devices and Radi- prosperous, healthy, and stable soci- ological Health and for related field activi- eties.’’ activities of the Food and Drug Administra- tion which are included in this Act; for rent- ties in the Office of Regulatory Affairs; (6) McGovern-Dole is that investment, al of special purpose space in the District of $51,461,000 shall be for the National Center and it works. Operating in 28 countries Columbia or elsewhere; for miscellaneous for Toxicological Research; (7) $454,751,000 around the world, including Afghani- and emergency expenses of enforcement ac- shall be for the Center for Tobacco Products stan and Pakistan, McGovern-Dole pro- tivities, authorized and approved by the Sec- and for related field activities in the Office vides at least one nutritious meal each retary and to be accounted for solely on the of Regulatory Affairs; (8) not to exceed day to vulnerable children in schools. Secretary’s certificate, not to exceed $25,000; $124,273,000 shall be for Rent and Related ac- and notwithstanding section 521 of Public tivities, of which $37,073,000 is for White Oak It has shown demonstrated success in Consolidation, other than the amounts paid both reducing hunger and increasing Law 107–188; $3,654,148,000: Provided, That of the amount provided under this heading, to the General Services Administration for school enrollment and attendance, es- $856,041,000 shall be derived from prescription rent; (9) not to exceed $177,130,000 shall be for pecially, as my colleagues pointed out, drug user fees authorized by 21 U.S.C. 379h, payments to the General Services Adminis- for girls. Otherwise, little girls in these and shall be credited to this account and re- tration for rent; and (10) $208,812,000 shall be countries don’t get any education, and main available until expended, and shall not for other activities, including the Office of they don’t get any food. include any fees pursuant to 21 U.S.C. the Commissioner; the Office of Foods; the 379h(a)(2) and (a)(3) assessed for fiscal year Office of the Chief Scientist; the Office of Last month, the GAO released a re- Policy, Planning and Budget; the Office of port on McGovern-Dole, and it called 2013 but collected in fiscal year 2012; $67,118,000 shall be derived from medical de- International Programs; the Office of Ad- for strengthening monitoring by the vice user fees authorized by 21 U.S.C. 379j, ministration; and central services for these USDA, accelerating the timeframe of and shall be credited to this account and re- offices: Provided further, That not to exceed reporting. It did not, however, call into main available until expended; $21,768,000 $25,000 of this amount shall be for official re- question any of the objectives of the shall be derived from animal drug user fees ception and representation expenses, not program. This program works. Since authorized by section 740 of the Federal otherwise provided for, as determined by the becoming a permanent program in the Food, Drug, and Cosmetic Act (21 U.S.C. 379j– Commissioner: Provided further, That funds 12), and shall be credited to this account and may be transferred from one specified activ- 2002 farm bill, it has reduced hunger ity to another with the prior approval of the and violence, increased education and remain available until expended; $5,706,000 shall be derived from animal generic drug Committees on Appropriations of both nutrition, and has become a vital ele- user fees authorized by section 741 of the Houses of Congress. ment in our international diplomacy. Federal Food, Drug, and Cosmetic Act (21 In addition, mammography user fees au- Zeroing out the program, as this U.S.C. 379j–21), and shall be credited to this thorized by 42 U.S.C. 263b, export certifi- amendment demands, would not only account and shall remain available until ex- cation user fees authorized by 21 U.S.C. 381, destroy all these many benefits for pended; and $477,000,000 shall be derived from and priority review user fees authorized by tobacco product user fees authorized by 21 21 U.S.C. 360n may be credited to this ac- America and the developing world, it count, to remain available until expended. would mean 5 million kids will go hun- U.S.C. 387s and shall be credited to this ac- AMENDMENT OFFERED BY MR. STEARNS gry again, 5 million children. And yet, count and remain available until expended; $12,364,000 shall be derived from food and feed Mr. STEARNS. Mr. Chairman, I offer even as this amendment threatens to recall fees authorized by section 743 of the an amendment. force millions into starvation, some- Federal Food, Drug, and Cosmetic Act (Pub- The Acting CHAIR. The Clerk will re- how the majority’s budget still finds lic Law 75–717), as amended by the Food port the amendment. money for oil company subsidies and Safety Modernization Act (Public Law 111– The Clerk read as follows: tax breaks for millionaires. 353), and shall be credited to this account and remain available until expended; Page 51, line 18, insert after the dollar Cutting this funding is shortsighted amount the following: ‘‘(reduced by in the extreme. McGovern-Dole works. $14,700,000 shall be derived from food rein- spection fees authorized by section 743 of the $392,000,000)’’. Page 52, line 11, insert after the dollar It works for America. It works for de- Federal Food, Drug, and Cosmetic Act (Pub- amount the following: ‘‘(reduced by veloping nations around the world. It lic Law 75–717), as amended by the Food $392,000,000)’’. moves children from starvation to edu- Safety Modernization Act (Public Law 111– Page 54, line 6, insert after the dollar cation. And it undercuts the recruiting 353), and shall be credited to this account amount the following: ‘‘(reduced by and remain available until expended; and ability of those who would do America $392,000,000)’’. harm. $36,000,000 shall be derived from voluntary Page 80, line 2, insert after the dollar I urge my colleagues, stand with our qualified importer program fees authorized amount the following: ‘‘(increased by troops. Stand against hunger world- by section 743 of the Federal Food, Drug, and $392,000,000)’’. Cosmetic Act (Public Law 75–717), as amend- wide and oppose this disastrous amend- ed by the Food Safety Modernization Act The Acting CHAIR. The gentleman ment. (Public Law 111–353), and shall be credited to from Florida is recognized for 5 min- I yield back the balance of my time. this account and remain available until ex- utes.

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.075 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4218 CONGRESSIONAL RECORD — HOUSE June 15, 2011 Mr. STEARNS. Mr. Chairman, let me Now, all of us know that smoking is any smoking in public places. The com- just briefly say, this is a very simple bad. And the question is, what is the munities I represent on the coastline amendment. It takes the Center for To- FDA doing through this Center for To- don’t allow you to even smoke on the bacco Products back to the 2009 level. bacco Products? It’s not clear to me, beaches. You certainly can’t smoke in Now all of you should realize, this but do they have to increase over the public buildings and in any other kind agency never existed in 2006. There years almost 500 percent? of public space, even in public places have been prodigious increases in this Reducing their funding to fiscal year that are privately owned. center. We are taking the funding for 2009 levels will be a restraint and will So to do this, to ambush the anti-to- this Center for Tobacco Products back give the authorizing committee a bacco campaign with this amendment to the 2009 level. chance to review the FDA regulations is just—it’s a giveaway to the tobacco Now under the President’s plan, the and review how the FDA plans to im- companies and reduces the fees they budget for the FDA’s Center for To- plement the law. I simply want to en- have to pay and hurts the ability to bacco Products has simply exploded. sure that the FDA does not overreach eliminate the illness caused by to- The administration’s budget justifica- with their authority, and ensure that it bacco; and anybody who’s had cancer tion to Congress states, ‘‘FDA is expe- is using the best approach to ensure in their family, as I’ve had, is very, riencing an unprecedented and dra- that tobacco harm is reduced. We all very aware of the illnesses caused by matic surge in staffing and facility want to see it reduced. tobacco users. needs that will cause FDA facility re- But the question, we all have to take I think this is a very dangerous quirements to exceed the scope of the a sacrifice—doesn’t the Center for To- amendment and, hopefully, the gen- 2009 master plan.’’ bacco Products also have to con- tleman will withdraw it. If not, we tribute? There’s no reason for it to ought to oppose it. b 1450 have over these years a 500 percent in- I yield back the balance of my time. The Acting CHAIR. The question is I understand that. The FDA is ex- crease. panding, does good work. I’m not criti- And so, Mr. Chairman, I think this is on the amendment offered by the gen- cizing it. a modest attempt to try and save tleman from Florida. The question was taken; and the Act- But one area of the FDA’s budget money. It’s quite a substantial amount ing Chair announced that the noes ap- that is growing way too fast under this of money for a good cause, which is re- administration’s budget is the brand- peared to have it. ducing our deficit, our debt. In the long Mr. STEARNS. Mr. Chairman, I de- new Center for Tobacco Products. term, let the FDA and this new Center Again, this agency, this center did not mand a recorded vote. for Tobacco Products move forward, The Acting CHAIR. Pursuant to exist in 2006. but not at these chomping, prodigious, clause 6 of rule XVIII, further pro- In the FY 2012 Agriculture appropria- gargantuan increases because they felt ceedings on the amendment offered by tions legislation reported by the com- that it’s catch-up time. I mean, every the gentleman from Florida will be mittee, it continues the trend of major agency down here can come and say postponed. discretionary spending reduction it’s catch-up time. But obviously, Mr. FARR. Mr. Chairman, I move to sought by the Republican majority. under this economy and under this strike the last word. This same fiscal restraint should be ap- huge deficit, we cannot continue to The Acting CHAIR. The gentleman plied to the Center for Tobacco Prod- look at agencies like this over this pe- from California is recognized for 5 min- ucts. We’re talking about appropria- riod of time getting a 500 percent in- utes. tion levels going back to 2006, 2009, crease in funding. Mr. FARR. Mr. Chairman, I was 2010. So all I’m asking is let’s move So I ask my colleagues to support my going to introduce an amendment, but this back to 2009. amendment. I just want to make a statement and An FY 2012 budget that was requested I yield back the balance of my time. I’ll withhold the amendment. by the FDA’s Tobacco Act was $454 Mr. FARR. Mr. Chairman, I rise in The statement I want to make is million, an increase of $238 million opposition to the amendment. about what this underlying bill does to from fiscal year 2010 enacted levels of The Acting CHAIR. The gentleman FDA. It cuts FDA, Federal Drug Ad- $235 million. So think of that: in 1 year from California is recognized for 5 min- ministration, by 21 percent, about $580 it practically doubled, 110 percent in- utes. million. On top of that, the FDA has to crease. Mr. FARR. First of all, I hope that absorb another $37 million in higher Now, this is when we have a deficit, we don’t have more of these ambush rent costs. So we’re really talking $1.5 trillion every year, and we have a amendments that we haven’t had a about a reduction to FDA of about $600 debt that’s approaching $15 trillion. chance to really look at. And this one million. And yet we keep the law in If we look at FY 2009, an $85 million really has serious implications. What it place so they have to continue all the funding, from the fiscal year 2009 seems that this amendment does is, current requirements and activities there’s been a 500 percent increase in first of all, reduce the tobacco indus- that are mandated to them. this new Center for Tobacco Products. try’s fees that they have to pay the This kind of cut means that 2,000 Tobacco regulation, obviously, is a Federal Government. This is a big help fewer domestic and foreign inspections new program at the FDA. They have to the tobacco industry. It cuts fees of firms that manufacture food and been just champing at the bit over that the private sector has to pay the medical products can be made. This there for the last 25 years to be in- Federal Government. And what do kind of cut means that more than 9,000 volved with the regulation of ciga- those fees go into? Into campaigns to fewer FDA import inspections to verify rettes and everything like that. They reduce tobacco consumption and to that imported food and medical prod- want to regulate tobacco, and I think, treat the issues related to tobacco. ucts meet safety standards. This kind frankly, you know, the House voted for That’s the way the amendment reads of cut means there will be 4,000 fewer it. I accept that. to us. food and medical product samplings to But we don’t need to increase from And I’d just like to remind the au- identify safety problems. 2009 up to what we’re looking at, these thor that I represent California. Cali- The amendment that I was going to large increases. We’ve got to return fornia has, time after time, put taxes introduce would have moved some some of these increases to the debt and on the ballot to increase tobacco taxes, funds from the Commissioner’s Office to the deficit. So a 500 percent increase and they’ve passed overwhelmingly. to the Center for Devices and Radio- in a budget is way too large. I suggest And we use those fees that would come logical Health, or known as CDRH. The that funding should continue at the from the industry from the sale of—not Center for Devices and Radiological 2009 levels. even the industry, they come from the Health is responsible for bringing new We are rolling back funding for many user to run very effective anti-tobacco technologies to market, and to make other programs, and it’s proper to en- campaigns. the medical devices that are already on sure that FDA also bears some of the We reduced smoking in California al- the market safer and more effective. burden during some of these most aus- most to zero. I mean, it’s incredible. The FDA has implemented a more tere budgetary times. Most cities in California don’t allow streamlined process by which medical

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.079 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4219 devices can get to market called the rental of space (to include multiple year Mr. FARR. You just drive your own Innovation Pathway. But with the cuts leases) in the District of Columbia and else- private car? to the FDA budget in this bill, the In- where, $171,930,000, to remain available until Mr. BROUN of Georgia. I do, indeed. novation Pathway will become Innova- September 30, 2013, including not to exceed Mr. FARR. So you want to cut this $3,000 for official reception and representa- account that is vehicles for the Depart- tion Roadblock. tion expenses, and not to exceed $25,000 for At a hearing at the Energy and Com- ment. the expenses for consultations and meetings Mr. BROUN of Georgia. By 230 vehi- merce Subcommittee on Health on hosted by the Commission with foreign gov- February 17, 2011, the Director of ernmental and other regulatory officials. cles, yes, sir. Mr. FARR. And how do you expect CDRH, Dr. Jeffery Shuren, testified FARM CREDIT ADMINISTRATION that these cuts: ‘‘The Innovation Path- them to get around? LIMITATION ON ADMINISTRATIVE EXPENSES Mr. BROUN of Georgia. Well, maybe way would be a non-option. And for the Not to exceed $62,000,000 (from assessments they could ride share. That would be a rest of what we do, this would result in collected from farm credit institutions, in- good way to save taxpayer dollars also. increased delays in decisions. It would cluding the Federal Agricultural Mortgage Mr. FARR. Well, I don’t think we can deny patients truly safe and effective Corporation) shall be obligated during the operate government on a maybe, and I current fiscal year for administrative ex- innovative technologies. And it will re- oppose this amendment. sult in jobs being lost.’’ penses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not Mr. BROUN of Georgia. I yield back b 1500 apply to expenses associated with receiver- the balance of my time. ships. The Acting CHAIR. The question is So moving funds, even nominal on the amendment offered by the gen- funds, to CDRH makes a point that we TITLE VII GENERAL PROVISIONS tleman from Georgia (Mr. BROUN). would have to maintain a commitment The amendment was rejected. to getting critical medical devices to (INCLUDING CANCELLATIONS, RECISSIONS AND The Acting CHAIR. The Clerk will market and to patients. TRANSFERS OF FUNDS) read. The other point I wanted to make is SEC. 701. Within the unit limit of cost fixed The Clerk read as follows: by law, appropriations and authorizations the Center for Devices and Radio- SEC. 702. The Secretary of Agriculture may made for the Department of Agriculture for logical Health is also responsible in transfer unobligated balances of discre- the current fiscal year under this Act shall tionary funds appropriated by this Act or part for the FDA advances in medical be available for the purchase, in addition to countermeasures. This medical coun- other available unobligated discretionary those specifically provided for, of not to ex- balances of the Department of Agriculture to termeasures program extends across ceed 461 passenger motor vehicles, of which the Working Capital Fund for the acquisition several FDA offices. The program co- 456 shall be for replacement only, and for the of plant and capital equipment necessary for ordinates the appropriate responses to hire of such vehicles. the delivery of financial, administrative, and national medical catastrophes. For AMENDMENT NO. 7 OFFERED BY MR. BROUN OF information technology services of primary CDRH, that means putting in place the GEORGIA benefit to the agencies of the Department of right medical responses to radiological Mr. BROUN of Georgia. Mr. Chair- Agriculture: Provided, That none of the funds threats, threats like a dirty bomb, a man, I have an amendment at the desk. made available by this Act or any other Act rogue nuclear device, or even a natural The Acting CHAIR. The Clerk will shall be transferred to the Working Capital designate the amendment. Fund without the prior notification to the disaster like the one that occurred in agency administrator: Provided further, That Fukushima after the earthquake and The text of the amendment is as fol- none of the funds transferred to the Working tsunami. lows: Capital Fund pursuant to this section shall This isn’t just a health concern. It’s Page 56, line 18, insert ‘‘231’’ in place of be available for obligation without the prior a homeland security concern. Unless ‘‘461’’. notification to the Committees on Appro- we are ready to handle these emer- Page 56, line 19, insert ‘‘231’’ in place of priations of both Houses of Congress: Pro- gencies, many, many people could die ‘‘456’’. vided further, That of annual income The Acting CHAIR. The gentleman is amounts in the Working Capital Fund of the or be permanently disabled. We have to Department of Agriculture allocated for the prepare. The CDRH can do that for us, recognized for 5 minutes. National Finance Center, the Secretary may but not with a budget cut like the one Mr. BROUN of Georgia. Mr. Chair- reserve not more than 4 percent for the re- the FDA is facing. The 21 percent cut man, I rise to offer my amendment, placement or acquisition of capital equip- in the FDA budget means the public which would reduce the fleet of pas- ment, including equipment for the improve- health of Americans is put at risk, is senger vehicles that the USDA is able ment and implementation of a financial put on hold. Medical safety devices are to purchase by half. Cutting the size of management plan, information technology, and other systems of the National Finance put on hold. Medical countermeasures their fleet from 461 to 231 is a simple way to save our taxpayers some of Center or to pay any unforeseen, extraor- are put on hold. Radiological treat- dinary cost of the National Finance Center: ment improvements, like new forms of their hard-earned money. Provided further, That none of the amounts x rays, PET scans and MRIs are put on Mr. Chairman, I know many of my reserved shall be available for obligation un- hold. amendments cut programs that are less the Secretary submits notification of I say it again, the 21 percent cut in near and dear to my colleagues’ and the obligation to the Committees on Appro- the FDA budget is not good for Amer- their districts’ hearts. We have heard priations of the House of Representatives and the Senate: Provided further, That the ica’s health. I wish that we didn’t have clearly from our friends on both sides regarding that. But together, my limitation on the obligation of funds pending to adopt a budget with that kind of a notification to Congressional Committees cut. amendments cut over $2 billion, and we shall not apply to any obligation that, as de- Mr. Chairman, I yield back the bal- accrue more than twice that amount of termined by the Secretary, is necessary to ance of my time. debt every single day. respond to a declared state of emergency The Acting CHAIR. The Clerk will It’s time to make the hard choices that significantly impacts the operations of read. for the greater good of our economy. the National Finance Center; or to evacuate employees of the National Finance Center to The Clerk read as follows: We have to cut wherever we can, and cutting about 230 vehicles out of the a safe haven to continue operations of the BUILDINGS AND FACILITIES USDA’s fleet is another way to save National Finance Center. For plans, construction, repair, improve- SEC. 703. No part of any appropriation con- ment, extension, alteration, and purchase of taxpayers money. tained in this Act shall remain available for fixed equipment or facilities of or used by I encourage people to vote for my obligation beyond the current fiscal year un- the Food and Drug Administration, where amendment. less expressly so provided herein. not otherwise provided, $8,788,000, to remain Mr. FARR. Will the gentleman yield? SEC. 704. No funds appropriated by this Act available until expended. Mr. BROUN of Georgia. I yield to the may be used to pay negotiated indirect cost rates on cooperative agreements or similar INDEPENDENT AGENCIES gentleman from California. Mr. FARR. I’m just curious. I have a arrangements between the Department of COMMODITY FUTURES TRADING COMMISSION Agriculture and nonprofit institutions in ex- For necessary expenses to carry out the point of inquiry for Mr. BROUN. cess of 10 percent of the total direct cost of provisions of the Commodity Exchange Act Mr. BROUN, do you lease a car? the agreement when the purpose of such co- (7 U.S.C. 1 et seq.), including the purchase Mr. BROUN of Georgia. No, sir, I do operative arrangements is to carry out pro- and hire of passenger motor vehicles, and the not. grams of mutual interest between the two

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parties. This does not preclude appropriate SEC. 713. None of the funds appropriated or tion 5 of the Commodity Credit Corporation payment of indirect costs on grants and con- otherwise made available by this Act may be Charter Act: Provided further, That of the tracts with such institutions when such indi- used for first-class travel by the employees available unobligated balances under rect costs are computed on a similar basis of agencies funded by this Act in contraven- (b)(2)(A)(iv) of section 14222 of Public Law for all agencies for which appropriations are tion of sections 301–10.122 through 301–10.124 110–246, $150,000,000 are hereby rescinded. provided in this Act. of title 41, Code of Federal Regulations. SEC. 719. Of the funds made available by SEC. 705. Appropriations to the Department SEC. 714. In the case of each program estab- this Act, not more than $1,800,000 shall be of Agriculture for the cost of direct and lished or amended by the Food, Conserva- used to cover necessary expenses of activi- guaranteed loans made available in the cur- tion, and Energy Act of 2008 (Public Law 110– ties related to all advisory committees, pan- rent fiscal year shall remain available until 246), other than by title I or subtitle A of els, commissions, and task forces of the De- expended to disburse obligations made in the title III of such Act, that is authorized or re- partment of Agriculture, except for panels current fiscal year for the following ac- quired to be carried out using funds of the used to comply with negotiated rule makings counts: the Rural Development Loan Fund Commodity Credit Corporation— and panels used to evaluate competitively program account, the Rural Electrification (1) such funds shall be available for salaries awarded grants. and Telecommunication Loans program ac- and related administrative expenses, includ- SEC. 720. None of the funds in this Act shall count, and the Rural Housing Insurance ing technical assistance, associated with the be available to pay indirect costs charged Fund program account. implementation of the program, without re- against any agricultural research, education, SEC. 706. None of the funds appropriated by gard to the limitation on the total amount or extension grant awards issued by the Na- this Act may be used to carry out section 410 of allotments and fund transfers contained in tional Institute of Food and Agriculture that of the Federal Meat Inspection Act (21 U.S.C. section 11 of the Commodity Credit Corpora- exceed 30 percent of total Federal funds pro- 679a) or section 30 of the Poultry Products tion Charter Act (15 U.S.C. 714i); and vided under each award: Provided, That not- Inspection Act (21 U.S.C. 471). (2) the use of such funds for such purpose withstanding section 1462 of the National Ag- SEC. 707. None of the funds made available shall not be considered to be a fund transfer ricultural Research, Extension, and Teach- to the Department of Agriculture by this Act or allotment for purposes of applying the ing Policy Act of 1977 (7 U.S.C. 3310), funds may be used to acquire new information limitation on the total amount of allotments provided by this Act for grants awarded com- technology systems or significant upgrades, and fund transfers contained in such section. petitively by the National Institute of Food as determined by the Office of the Chief In- SEC. 715. In carrying out subsection (h) of and Agriculture shall be available to pay full formation Officer, without the approval of section 502 of the Housing Act of 1949, the allowable indirect costs for each grant the Chief Information Officer and the con- Secretary may use the authority described awarded under section 9 of the Small Busi- currence of the Executive Information Tech- in subsections (h) and (j) of section 538 of ness Act (15 U.S.C. 638). nology Investment Review Board: Provided, such Act. SEC. 721. None of the funds made available That notwithstanding any other provision of SEC. 716. Clause (ii) of section 524(b)(4)(B) by this or any other Act may be used to law, none of the funds appropriated or other- of the Federal Crop Insurance Act (7 U.S.C. write, prepare, develop, or publish a final wise made available by this Act may be 1524(b)(4)(B)) is amended— rule or an interim final rule in furtherance transferred to the Office of the Chief Infor- (1) in the heading, by striking ‘‘fiscal years of, or otherwise to implement, the proposed mation Officer unless prior notification has 2008 through 2012’’ and inserting ‘‘certain fis- rule entitled ‘‘Implementation of Regula- been transmitted to the Committees on Ap- cal years’’; and tions Required Under Title XI of the Food, propriations of both Houses of Congress: Pro- (2) in the text, by striking ‘‘2012’’ and in- Conservation, and Energy Act of 2008; Con- vided further, That none of the funds avail- serting ‘‘2014’’. duct in Violation of the Act’’ (75 Fed. Reg. able to the Department of Agriculture for in- SEC. 717. Appropriations to the Department 35338 (June 22, 2010)). formation technology shall be obligated for of Agriculture made available in fiscal years SEC. 722. The unobligated balances avail- projects over $25,000 prior to receipt of writ- 2005, 2006, and 2007 to carry out section 601 of able for the Natural Resources Conservation ten approval by the Chief Information Offi- the Rural Electrification Act of 1936 (7 U.S.C. Service, Forestry Incentives Program, as cer. 950bb) for the cost of direct loans shall re- identified by Treasury Appropriation Fund SEC. 708. Funds made available under sec- main available until expended to disburse Symbol 12X3336, $5,500,000 are rescinded, and tion 1240I and section 1241(a) of the Food Se- valid obligations made in fiscal years 2005, the unobligated balances available for the curity Act of 1985 and section 524(b) of the 2006, 2007 and 2008. Natural Resources Conservation Service, SEC. 718. None of the funds appropriated or Federal Crop Insurance Act (7 U.S.C. 1524(b)) Great Plains Conservation Program, as iden- otherwise made available by this Act or any in the current fiscal year shall remain avail- tified by Treasury Appropriation Fund Sym- other Act shall be used to pay the salaries able until expended to disburse obligations bol 12X2268, $500,000 are rescinded. and expenses of personnel to carry out a pro- made in the current fiscal year. SEC. 723. Of the unobligated balances pro- SEC. 709. Notwithstanding any other provi- gram under subsection (b)(2)(A)(iv) of section vided pursuant to section 16(h)(1)(A) of the sion of law, any former RUS borrower that 14222 of Public Law 110–246 in excess of Food and Nutrition Act of 2008, $11,000,000 is has repaid or prepaid an insured, direct or $948,000,000, as follows: Child Nutrition Pro- hereby rescinded. guaranteed loan under the Rural Electrifica- grams Entitlement Commodities – SEC. 724. Section 1238E(a) of the Food Secu- tion Act of 1936, or any not-for-profit utility $465,000,000; State Option Contract – rity Act of 1985 (16 U.S.C. 3838e(a)) is amend- that is eligible to receive an insured or di- $5,000,000; Removal of Defective Commodities ed by striking ‘‘2012’’ and inserting ‘‘2014’’. rect loan under such Act, shall be eligible for – $2,500,000; Disaster Relief – $5,000,000; Addi- SEC. 725. (a) Section 1240B(a) of the Food assistance under section 313(b)(2)(B) of such tional Fruits, Vegetables, and Nuts Pur- Security Act of 1985 (16 U.S.C. 3839aa–2(a)) is Act in the same manner as a borrower under chases –$206,000,000; Fresh Fruit and Vege- amended by striking ‘‘2012’’ and inserting such Act. table Program – $20,000,000; Estimated Fu- ‘‘2014’’. SEC. 710. Notwithstanding any other provi- ture Needs – $196,713,000; and, Administrative (b) Section 1241(a)(6)(E) of the Food Secu- sion of law, for the purposes of a grant under Funds – $47,787,000: Provided, That none of rity Act of 1985 (16 U.S.C. 3841(a)(6)(E)) is section 412 of the Agricultural Research, Ex- the funds made available in this Act or any amended by striking ‘‘fiscal year 2012’’ and tension, and Education Reform Act of 1998, other Act shall be used for salaries and ex- inserting ‘‘each of fiscal years 2012 through none of the funds in this or any other Act penses to carry out section 19(i)(1)(E) of the 2014’’. may be used to prohibit the provision of in- Richard B. Russell National School Lunch SEC. 726. Section 1241(a) of the Food Secu- kind support from non-Federal sources under Act as amended by section 4304 of Public rity Act of 1985 (16 U.S.C. 3841(a)) is amend- section 412(e)(3) of such Act in the form of Law 110–246 in excess of $20,000,000, including ed— unrecovered indirect costs not otherwise the transfer of funds under subsection (c) of (1) in the matter preceding paragraph (1), charged against the grant, consistent with section 14222 of Public Law 110–246, until Oc- by striking ‘‘2012,’’ and inserting ‘‘2012 (and the indirect rate of cost approved for a re- tober 1, 2012: Provided further, That fiscal year 2014 in the case of the programs cipient. $133,000,000 made available on October 1, 2012, specified in paragraphs (3)(B), (4), (6), and SEC. 711. Except as otherwise specifically to carry out section 19(i)(1)(E) of the Richard (7)),’’; and provided by law, unobligated balances re- B. Russell National School Lunch Act as (2) in paragraph (4)(E), by striking ‘‘fiscal maining available at the end of the fiscal amended by section 4304 of Public Law 110– year 2012’’ and inserting ‘‘each of fiscal years year from appropriations made available for 246 shall be excluded from the limitation de- 2012 through 2014’’. salaries and expenses in this Act for the scribed in subsection (b)(2)(A)(v) of section SEC. 727. Section 1241(a)(7)(D) of the Food Farm Service Agency and the Rural Develop- 14222 of Public Law 110–246: Provided further, Security Act of 1985 (16 U.S.C. 3841(a)(7)(D)) ment mission area, shall remain available That none of the funds appropriated or oth- is amended by striking ‘‘2012’’ and inserting through September 30, 2013, for information erwise made available by this or any other ‘‘2014’’. technology expenses. Act shall be used to pay the salaries or ex- SEC. 728. None of the funds appropriated or SEC. 712. The Secretary of Agriculture may penses of any employee of the Department of otherwise made available by this or any authorize a State agency to use funds pro- Agriculture or officer of the Commodity other Act shall be used to pay the salaries vided in this Act to exceed the maximum Credit Corporation to carry out clause (3) of and expenses of personnel to carry out the amount of liquid infant formula specified in section 32 of the Act of August 24, 1935 (7 following: 7 C.F.R. 246.10 when issuing liquid infant for- U.S.C. 612c), or for any surplus removal ac- (1) The Conservation Stewardship Program mula to participants. tivities or price support activities under sec- authorized by sections 1238D–1238G of the

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Food Security of Act 1985 (16 U.S.C. 3838d– (c) ENTITIES.—The following entities are el- vided from any accounts in the Treasury of 3838g) in excess of $634,000,000. igible to receive real property under sub- the United States derived by the collection (2) The Watershed Rehabilitation program section (b): of fees available to the agencies funded by authorized by section 14(h) of the Watershed (1) Land-grant colleges and universities (as this Act, shall be available for obligation or Protection and Flood Prevention Act (16 defined in section 1404(13) of the National Ag- expenditure through a reprogramming of U.S.C. 1012(h)). ricultural Research, Extension, and Teach- funds, or in the case of the Department of (3) The Environmental Quality Incentives ing Policy Act of 1977 (7 U.S.C. 3103(13)). Agriculture, through use of the authority Program as authorized by sections 1241–1240H (2) 1994 Institutions (as defined in section provided by section 702(b) of the Department of the Food Security Act of 1985 (16 U.S.C. 532 of the Equity in Educational Land-Grant of Agriculture Organic Act of 1944 (7 U.S.C. 3839aa–3839aa-8) in excess of $1,400,000,000. Status Act of 1994 (7 U.S.C. 301 note; Public 2257) or section 8 of Public Law 89–106 (7 (4) The Farmland Protection Program as Law 103–382)). U.S.C. 2263), that— authorized by section 1238I of the Food Secu- (3) Hispanic-serving agricultural colleges (1) creates new programs; rity Act of 1985 (16 U.S.C. 3838i) in excess of and universities (as defined in section (2) eliminates a program, project, or activ- $150,000,000. 1404(10) of the National Agricultural Re- ity; (5) The Grassland Reserve Program as au- search, Extension, and Teaching Policy Act (3) increases funds or personnel by any thorized by sections 1238O–1238Q of the Food of 1977 (7 U.S.C. 3103(10)). means for any project or activity for which Security Act of 1985 (16 U.S.C. 3838o–3838q) in (d) CONDITIONS ON RECEIPT.—As a condition funds have been denied or restricted; excess of 209,000 acres in fiscal year 2012. of the conveyance of real property under sub- (4) relocates an office or employees; (6) The Wetlands Reserve Program author- section (b), the recipient of the property (5) reorganizes offices, programs, or activi- ized by sections 1237–1237F of the Food Secu- must— ties; or rity Act of 1985 (16 U.S.C. 3837–3837f) to enroll (1) be located in the same State or terri- (6) contracts out or privatizes any func- in excess of 185,800 acres in fiscal year 2012. tory of the United States in which the prop- tions or activities presently performed by (7) The Wildlife Habitat Incentives Act au- erty is located; and Federal employees; thorized by section 1240N of the Food Secu- (2) agree to accept and use the property for unless the Secretary of Agriculture, the Sec- rity Act of 1985 (16 U.S.C. 3839bb–1)) in excess agricultural and natural resources research retary of Health and Human Services, or the of $50,000,000. for a minimum of 25 years. Chairman of the Commodity Futures Trad- (8) The Voluntary Public Access and Habi- SEC. 732. Section 9 of the Richard B. Rus- ing Commission (as the case may be) noti- tat Incentives Program authorized by sec- sell National School Lunch Act (42 U.S.C. fies, in writing, the Committees on Appro- tion 1240R of the Food Security Act of 1985 1758) is amended by adding at the end the fol- priations of both Houses of Congress at least (16 U.S.C. 3839bb–5). lowing: 30 days in advance of the reprogramming of (9) The Biomass Crop Assistance Program ‘‘(l) FOOD DONATION PROGRAM.— such funds or the use of such authority. authorized by section 9011 of the Farm Secu- ‘‘(1) IN GENERAL.—Each school and local (b) None of the funds provided by this Act, rity and Rural Investment Act of 2002 (7 educational agency participating in the or provided by previous Appropriations Acts to the agencies funded by this Act that re- U.S.C. 8111). school lunch program under this Act may do- main available for obligation or expenditure (10) The Bioenergy Program for Advanced nate any food not consumed under such pro- in the current fiscal year, or provided from Biofuels authorized by section 9005 of the gram to eligible local food banks or chari- any accounts in the Treasury of the United Farm Security and Rural Investment Act of table organizations. States derived by the collection of fees avail- 2002 (7 U.S.C. 8105) in excess of $55,000,000. ‘‘(2) GUIDANCE.— able to the agencies funded by this Act, shall (11) The Rural Energy for America Pro- ‘‘(A) IN GENERAL.—Not later than 180 days be available for obligation or expenditure for gram authorized by section 9007 of the Farm after the date of the enactment of this sub- activities, programs, or projects through a Security and Rural Investment Act of 2002 (7 section, the Secretary shall develop and pub- reprogramming or use of the authorities re- U.S.C. 8107). lish guidance to schools and local edu- ferred to in subsection (a) involving funds in (12) The Rural Microentrepreneur Assist- cational agencies participating in the school excess of $500,000 or 10 percent, whichever is ance Program authorized by section 6022 of lunch program under this Act to assist such less, that— the Farm Security and Rural Investment schools and local educational agencies in do- (1) augments existing programs, projects, Act of 2002 (7 U.S.C. 2008s). nating food under this subsection. or activities; (13) Section 508(d)(3) of the Federal Crop ‘‘(B) UPDATES.—The Secretary shall update (2) reduces by 10 percent funding for any Insurance Act (7 U.S.C. 1508(d)(3)) to provide such guidance as necessary. existing program, project, or activity, or a performance-based premium discount in ‘‘(3) LIABILITY.—Any school or local edu- numbers of personnel by 10 percent as ap- the crop insurance program. cational agency making donations pursuant proved by Congress; or (14) Agricultural Management Assistance to this subsection shall be exempt from civil (3) results from any general savings from a Program as authorized by section 524 of the and criminal liability to the extent provided reduction in personnel which would result in Federal Crop Insurance Act, as amended (7 under the Bill Emerson Good Samaritan a change in existing programs, activities, or U.S.C. 1524) in excess of $2,500,000 for the Nat- Food Donation Act (42 U.S.C. 1791). projects as approved by Congress; unless the ural Resources conservation Service. ‘‘(4) DEFINITION.—In this subsection, the Secretary of Agriculture, the Secretary of SEC. 729. The funds made available in Pub- term ‘eligible local food banks or charitable lic Law 111–344 through February 12, 2012 for organizations’ means any food bank or chari- Health and Human Services, or the Chair- trade adjustment for farmers are hereby re- table organization which is exempt from tax man of the Commodity Futures Trading scinded. under section 501(c)(3) of the Internal Rev- Commission (as the case may be) notifies, in SEC. 730. None of the funds appropriated or enue Code of 1986 (26 U.S.C. 501(c)(3)).’’. writing, the Committees on Appropriations otherwise made available by this Act shall SEC. 733. Notwithstanding this Act or any of both Houses of Congress at least 30 days in be used to pay the salaries and expenses of other Act, of the unobligated balances avail- advance of the reprogramming of such funds personnel to carry out the emergency food able to the Department of Agriculture from or the use of such authority. assistance program authorized by section prior appropriations, with the exception of (c) The Secretary of Agriculture, the Sec- 27(a) of the Food and Nutrition Stamp Act of Rural Development and Domestic Food Pro- retary of Health and Human Services, or the 2008 (7 U.S.C. 2036(a)) if such program exceeds grams, $63,000,000 in appropriated discre- Chairman of the Commodity Futures Trad- $200,000,000. tionary funds are hereby rescinded: Provided, ing Commission shall notify the Committees SEC. 731. (a) CLOSURE AND CONVEYANCE OF That no amounts may be rescinded from on Appropriations of both Houses of Con- AGRICULTURAL RESEARCH SERVICE FACILI- amounts that were designated by the Con- gress before implementing any program or TIES.—The Secretary of Agriculture may gress as an emergency requirement pursuant activity not carried out during the previous close up to 10 facilities of the Agricultural to the Concurrent Resolution on the Budget fiscal year unless the program or activity is Research Service, as proposed in the budget or the Balanced Budget and Emergency Def- funded by this Act or specifically funded by of the President for fiscal year 2012 sub- icit Control Act of 1985, as amended. any other Act. mitted to Congress pursuant to section 1105 SEC. 734. None of the funds appropriated or SEC. 736. None of the funds appropriated by of title 31, United States Code. otherwise made available to the Department this or any other Act shall be used to pay the (b) CONVEYANCE AUTHORITY.—With respect of Agriculture or the Food and Drug Admin- salaries and expenses of personnel who pre- to an Agricultural Research Service facility istration shall be used to transmit or other- pare or submit appropriations language as to be closed pursuant to subsection (a), the wise make available to any non-Department part of the President’s Budget submission to Secretary of Agriculture may convey, with of Agriculture or non-Department of Health the Congress of the United States for pro- or without consideration, all right, title, and and Human Services employee questions or grams under the jurisdiction of the Appro- interest of the United States in and to any responses to questions that are a result of in- priations Subcommittees on Agriculture, real property, including improvements and formation requested for the appropriations Rural Development, Food and Drug Adminis- equipment thereon, of the facility to an eli- hearing process. tration, and Related Agencies that assumes gible entity specified in subsection (c). If the SEC. 735. (a) None of the funds provided by revenues or reflects a reduction from the Agricultural Research Service facility con- this Act, or provided by previous Appropria- previous year due to user fees proposals that sists of more than one parcel of real prop- tions Acts to the agencies funded by this Act have not been enacted into law prior to the erty, the Secretary may convey each parcel that remain available for obligation or ex- submission of the Budget unless such Budget separately and to different eligible entities. penditure in the current fiscal year, or pro- submission identifies which additional

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Unless otherwise authorized by existing law, none of the funds provided in being shipped to Mexico and Canada for ico is that we have completely elimi- this Act, may be used by an executive branch slaughter, which outside analysis has nated sheep from New Mexico. New agency to produce any prepackaged news confirmed is increasing. With the in- Mexico used to be a large area of sheep story intended for broadcast or distribution creased exporting of animals comes the production. That piece of the economy in the United States unless the story in- concern of longer transportation times is simply gone because of regulations cludes a clear notification within the text or to slaughter and reduced inspections we in Washington and the States have audio of the prepackaged news story that the by USDA of travel conditions. USDA put into place. New Mexico also used to prepackaged news story was prepared or has no authority to ensure humane have a vibrant apple economy. That is funded by that executive branch agency. treatment once horses cross the border SEC. 738. No employee of the Department of now gone because we have given favor- Agriculture may be detailed or assigned to Mexico or Canada, and there is no able treatment to overseas products. from an agency or office funded by this act reason to believe horses are receiving But then this is another element of to any other agency or office of the Depart- better treatment by continuing this the economy that has simply dis- ment for more than 30 days unless the indi- ban. appeared. New Mexico used to have a vidual’s employing agency or office is fully Additionally, there continue to be re- vibrant horse trade. Prices were high. reimbursed by the receiving agency or office ports of increased animal abuse during Now prices on horses are low because for the salary and expenses of the employee the reduced options for unwanted for the period of assignment. people know they have no option at the horses. I can assure you this is true in end of a horse’s life, so it is simply SEC. 739. None of the funds made available my home State of Wyoming. Recently, in this Act may be used to pay the salaries doing away with the horse market. or expenses of personnel to— 100 horses have been seized from a So we find that we in Congress are (1) inspect horses under section 3 of the western Wyoming ranch where they causing the economic decay of our en- Federal Meat Inspection Act (21 U.S.C. 603); were being starved and had to be trans- tire Nation, and the gentlelady’s (2) inspect horses under section 903 of the ported to the eastern side of the State amendment simply says let’s study the Federal Agriculture Improvement and Re- to the State’s Cheyenne stockyards. facts. Let’s understand what is going form Act of 1996 (7 U.S.C. 1901 note; Public While the state veterinarian is caring on that we ourselves are causing. Let’s Law 104–127); or for the animals currently, the options understand the economic duress that (3) implement or enforce section 352.19 of for selling these horses are limited. title 9, Code of Federal Regulations. Washington and the States are putting There is just no place to send un- on their own economies. It makes ulti- b 1510 wanted horses, and neglect will con- mate sense, and for us in the West it tinue to rise across the country with- AMENDMENT OFFERED BY MRS. LUMMIS should be absolutely reinstated. We out a viable alternative. In fact, the Mrs. LUMMIS. Mr. Chairman, I have should reinstate the market there, be- Wyoming legislature this year made it an amendment at the desk. cause horses are being very a crime to release a horse on to public The Acting CHAIR. The Clerk will re- inhumanely treated in the guise of lands. Now, the reason people do that port the amendment. some more humane treatment. So I is because there is no other way to get The Clerk read as follows: thank the lady for her presentation. rid of an unwanted horse. There is no Mr. Chairman, I yield back the bal- Page 77, line 12, strike the semicolon and opportunity to sell them into this meat insert ‘‘; or’’. ance of my time. Page 77, line 15, strike ‘‘; or’’ and insert a market, so people are turning them Mr. KINGSTON. Mr. Chairman, I period. loose with the feral horses, the wild move to strike the last word. Page 77, strike lines 16 through 17. horses, further exacerbating the Fed- The Acting CHAIR. The gentleman The Acting CHAIR. The gentlewoman eral wild horse problem. from Georgia is recognized for 5 min- Congress needs to examine these con- from Wyoming is recognized for 5 min- utes. utes. cerns, and the GAO report should pro- Mr. KINGSTON. I rise in support of Mrs. LUMMIS. Mr. Chairman, this vide us the information needed to the Lummis amendment. I am dis- amendment would remove the restric- make an educated decision on this appointed that she is planning to with- tion only on the fee-for-service horse matter. draw it and that we will not be having Now, I plan to withdraw my amend- meat inspection portion. Since fiscal a vote on it. We had a vote on it in full ment after discussing this issue, but year 2006, Congress has prohibited the committee. It was actually Mr. would like to provide my colleagues use of Federal funds to inspect horses. MORAN’s amendment that pulled it out. with the opportunity to present their However, the USDA allowed for a fee- I did not support the gentleman from States’ concerns with this ban and to for-service program for mandatory in- Virginia’s amendment because I be- ensure moving forward we examine the spection of horses destined for food lieve there is a lot of emotion that goes GAO report before finalizing any appro- until 2008, when Congress prohibited on when we are dealing with a horse. It priations language for fiscal year 2012. the program through an appropriations Mr. Chairman, I yield back the bal- still is a private property issue, a per- rider. ance of my time. sonal property issue, and while I do not Before these bans, horse processing Mr. PEARCE. Mr. Chairman, I move own horses, I have family members was a $65 million a year industry and to strike the last word. who own horses. I know that you do owners could receive about $400 to $800 The Acting CHAIR. The gentleman have to have someplace to move the when selling a horse. I am offering this from New Mexico is recognized for 5 horse on to when it ages out on you. amendment because owners should minutes. It is very emotional in America. We have the option of selling their horse Mr. PEARCE. Mr. Chairman, I appre- look down at other nations that eat for processing under their personal ciate the gentlelady from Wyoming horses, but I have eaten horse before. property rights. It is not the Federal bringing this amendment. In Kazakhstan I ate horse, and it Government’s role to ban this option. You know, many times people think wasn’t bad. But we as Americans, we The decision to allow for processing that horse slaughter is just simply in- have an obesity problem, so we can should be made by the States. humane. Somehow they think that pick and choose what we want to eat The Senate Committee on Appropria- horse starvation is somehow more hu- and what we don’t want to eat, and tions has directed GAO to examine the mane. The truth is that people are people feel like, well, we are too good effects of this ban on the welfare of going to get rid of their horses in some to be eating horses. I understand that, horses and on the agriculture industry. way, so what they do in New Mexico but the rest of the world does eat This report was expected by March 1 of and in the Western States is they sim- horses and I think, frankly, that is a 2010. Over a full year later, we still ply take them out and turn them loose. different discussion, as my friend from have yet to be delivered a final report Right now we are struggling with an Virginia knows. But I wish we were from GAO, but expect one within weeks economy, an economy that is having having a vote on it.

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.026 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4223 Mr. Chairman, I yield back the bal- supply is to prevent horse meat from The devastated horse industry con- ance of my time. entering the market. tinues to be attacked by misinforma- Fourth, most horses sent to slaugh- b 1520 tion, and we certainly have a problem ter are, in fact, healthy. Sometimes here because I would allege that the ec- Mr. MORAN. I move to strike the it’s framed, as my friend from Georgia onomics of the ownership of horses are last word. suggested, as a way to dispose of un- upside down. Unfortunately, Mr. Chair- The Acting CHAIR. The gentleman wanted horses. The facts don’t support man, the result of this misguided cam- from Virginia is recognized for 5 min- this claim. When horse slaughter was paign will eventually be a Nation utes. allowed in the U.S., 92 percent of where very few can even afford to own Mr. MORAN. I do rise in opposition horses sent to slaughter were healthy a horse. Without a secondary market, to this amendment that would allow and could have continued to have been the value of horses at every level has horse slaughtering to resume in the used as productive animals. They plunged. Fewer horses mean fewer jobs, United States. weren’t old and infirm, because sick fewer horse trailers sold, fewer veteri- The language that the gentlelady’s and old horses aren’t used as a food nary service dollars spent, fewer sad- amendment would strike was put into source. People don’t want to eat meat dles sold—and the list continues. the bill as a bipartisan amendment by from sick, old horses. So we are talking Destroying the U.S. horse industry two Republicans and a Democrat—Mr. about primarily healthy horses. closed the U.S. to a very robust global Sweeney, Mr. WHITFIELD and Mr. Fifth, other, more humane options market and gave other countries this Spratt. What it did is to restrict fund- are available. A licensed veterinarian economic opportunity. With the ability ing for Federal activities involved with can humanely euthanize a horse for to ethically produce horse meat under meat inspection. Thereby, it stopped $225. That is not cost-prohibitive. regulated, humane conditions in the horse slaughter for the purpose of I want to underscore, too, that my United States, we would almost imme- human consumption in any facility in very good friend was complaining that diately create jobs and minimize suf- the United States, and it stopped new there was too much emotion in this ar- fering. facilities from opening. It passed this gument. What’s wrong with emotion? I I yield back the balance of my time. body by an overwhelming vote: 269–158. mean, the horses inspire us. That’s why The Acting CHAIR. Does any other Now, every year since, the language most of the statues around the U.S. Member seek recognition? has been retained in the Agriculture Capitol are of horses and of heroes Mrs. LUMMIS. Mr. Chairman, the appropriations bill. There are six very riding on horses. Horses were critical gentleman from Virginia inadvertently good reasons for doing this. to the expansion of the West. They misrepresented the terms of this One, it’s money badly spent. Only aided in the development of agri- amendment. They only applied to the foreign corporations which deal in culture. They provide entertainment fee-for-service component. horse meat for consumption in foreign and recreation similar to dogs and With that, Mr. Chairman—— markets would benefit from the Fed- cats. They are treasured and loyal Mr. DICKS. A point of order. eral inspection of U.S. horse slaughter companion animals, and we revere I think the gentlelady has already plants. So we are using American tax- them. That’s why the American public spoken on her amendment. payer money to inspect meat so that rejects slaughtering them for human Mrs. LUMMIS. I am asking for unani- foreign corporations can send it over- consumption. mous consent to withdraw my amend- seas so that people living in foreign So let’s just summarize here. ment. countries can consume it. There is a A vote for this amendment is a vote Mr. DICKS. We never heard that. I $37 million cut below last year’s levels to overturn established policy that was object. If you withdraw the amend- in the Food Safety and Inspection enacted under Republicans and sup- ment, I won’t object. Service. So here you are cutting $37 ported by the American people to pre- Mrs. LUMMIS. Now I am not going to million in food safety inspection. Yet vent horse slaughter to resume in this withdraw the amendment. I will ask you would be adding this additional country. It would be diverting inspec- for a vote. burden onto the Food Safety and In- tion funding, which is being cut sub- Mr. BURTON of Indiana. I move to spection Service, an additional respon- stantially, to inspect meat that foreign strike the last word. sibility to inspect horse meat. Remem- corporations will be able to sell to for- The Acting CHAIR. The gentleman is ber, this is meat that will be exclu- eign consumers. That’s not something recognized for 5 minutes. sively consumed in foreign countries. this body should support. Mr. BURTON of Indiana. Let me just Before the ban, most meat was ex- With that, I can argue against every say to the gentlelady that this is an ported to France, Belgium and Japan. claim that was made, but I don’t think emotional issue, and those of us who do We should be using our resources to I will take up the time to do that. not agree with you feel strongly about focus on meat consumed by our con- I yield back the balance of my time. it. stituents. Mr. SMITH of Nebraska. I move to Now, I believe, if you put that Secondly, the American public over- strike the last word. amendment in, it could very well jeop- whelmingly does not support the The Acting CHAIR. The gentleman is ardize the ag bill. I don’t think you slaughter of horses for human con- recognized for 5 minutes. want to do that, so I hope you will re- sumption. Three-quarters of our con- Mr. SMITH of Nebraska. Mr. Chair- consider withdrawing this amendment. stituents across the country oppose the man, I do want to clarify for the record In committee, your amendment was de- slaughter of horses for human con- that this amendment is not about tax feated. There are a lot of people in this sumption. dollars. This amendment is about ad- country who feel very strongly on both Thirdly, American horse meat invari- justing some policy that was put into sides of this issue, but the American ably contains harmful chemicals be- an appropriations bill some time ago, public, whether or not you agree with cause horses are not raised for human long before the current makeup of Con- them, feels very strongly, as Mr. consumption. A recent FDA toxicity gress. We are talking about a fee-for- MORAN said, so I hope you will change report found any number of substances service scenario that would allow the your mind. that could cause adverse effects in hu- private sector to ensure that there is Regarding some of the things I’ve mans. One example is phenylbutazone. safe, affordable horse meat to the gen- heard about these horses starving to It’s known as ‘‘bute.’’ It is the most eral public, to a market overseas that death on the plains and everything— common anti-inflammatory given to is very robust. and I was not going to speak on this— horses. It is difficult to know every Let me also say that a GAO study on there are a number of people in this substance given to every horse in the the effects of horse slaughter plant country who are willing to put up mil- United States. Because they’re not in- closings on the welfare of horses and on lions and millions of dollars. In fact, I tended to be raised as food, they’re the farm economy as a whole was re- know some of them. They have bought given different chemicals. The only quested by the Senate Ag Appropria- ranches and want to take these wild way to ensure that such harmful sub- tions Committee more than a year and horses and put them into an area where stances don’t make it into the food a half ago, and is overdue for a report. they will be safe, where they will be

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.088 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4224 CONGRESSIONAL RECORD — HOUSE June 15, 2011 protected, where they will be cared for. With that opportunity to correct the Canada and Mexico has lowered the price We are talking about, in addition to record, Mr. Chairman, I withdraw my owners receive for any horse, and the effects the ranches, maybe another 600,000 or amendment. ripple through the entire horse industry. Mr. KINGSTON. I yield back the bal- Many U.S. zoos use horsemeat to feed their 700,000 acres that would be used for animals because it’s high in protein and low these horses and for them to be able to ance of my time. in fat. Ironically, those zoos now have to buy survive. Mr. BOSWELL. Mr. Chair, I rise in support horsemeat—derived from American horses— b 1530 of the amendment offered by Congresswoman from Mexico or Canada. LUMMIS. Advocates in favor of this irresponsible If you have ever looked at the way As a farmer and senior member of the au- policy, like my former colleague, Rep. Jim they transport these horses to slaugh- thorizing committee, I appreciate the oppor- Moran (D–VA), say that horse processing is ter, they cram 20 horses into a truck ‘‘not humane.’’ He’s wrong, and the Amer- tunity to discuss this issue and speak in oppo- ican Veterinary Medical Association that’s built for 10. They don’t feed sition to the language in section 737 of the ag- them. They don’t water them properly. (AVMA) and the American Association of riculture appropriations bill for FY 2012 and its Equine Practitioners (AAEP) say he’s wrong. And those horses are so mistreated, it’s attempt to limit state rights and commerce with The U.S. plants used ‘‘penetrating captive unbelievable, when they go to slaugh- respect to horse meat, and the safe and bolt’’ to euthanize horses before they closed, ter. And that’s why they close these healthy inspection of those deceased animals. a technique common to the beef industry and slaughterhouses. In addition, you The amendment before us would simply considered humane for horses by AVMA and ought to see what they do in these allow horse slaughter facilities to use their own AAEP. As with processing plants for all ani- slaughterhouses for these horses. They mals, there are laws on the books for hu- money for inspections. mane slaughter methods for horses, and hang them up by a hook while they’re While no one likes the idea of slaughtering still alive and they’re squealing, and FSIS inspectors present to ensure those laws horses we must deal with the problem of are followed. they kill them in a very inhumane abandoned and neglected horses in the Concerns about the safeness of horsemeat way. United States. are misplaced. Both USDA and the European I am not for changing our agricul- We hear frequently on this topic the issue of Union regulate horsemeat stringently, and tural attitudes in this country. We humane treatment. However, on average, the U.S. processing plants kept horses for have to have the slaughter of pigs and adoption facilities used as a ‘‘last resource’’ withdrawal periods depending on the drugs cows and chickens and that sort of (if any) that had been administered to them. can only house approximately 30 horses. The plants also performed constant residue thing. So a lot of times people say if Often times these adoption facilities are so we’re against horse slaughter, we want testing in their holding pens, and if a harm- over-crowded that older horses end up starv- ful substance was detected the entire lot to do something to hurt the agri- ing to death because the real last resort is would be condemned. To my knowledge, the culture community. That couldn’t be abandoning these horses, which happens all EU has never had any issues with ‘‘contami- further from the truth. We just want to too frequently. nated’’ horsemeat imported from the U.S. make sure that these animals are Each year there are almost 100,000 aban- I believe the shuttering of the processing treated in a humane way, number one, plants, combined with the recession has led doned and neglected horses in the United to an increase in abandoned and neglected and, number two, that the American States. Opponent of horse slaughter often taxpayer is not paying for the French horses. Others disagree. GAO is planning to claim that unwanted horses can be moved to release a report on the impact of the closing to get horse meat. adoption facilities. of the processing plants on horses hopefully So let me just say to the lady one I believe that current limits on horse slaugh- by the end of the month, yet the House is more time, I sincerely hope that she ter set poor precedent for legitimate livestock scheduled to vote on Tuesday to continue will reconsider. We have a disagree- slaughter for reasons other than for food safe- this policy without having the benefit of this ment. I hope you will reconsider and ty or public health. report’s conclusions, whatever they may be. I think that is bad governing. withdraw this amendment because I As a long time horse owner, I understand don’t think something of this emo- Let’s be clear: horses are livestock under the emotional attachment one can feel for an the law—not companion animals such as tional status should impede or impair animal, however, currently with the over ca- dogs as Rep. Moran has said—and are al- something as important as the ag bill. pacity of animal adoption facilities I have con- lowed to be deducted as diminishing assets With that, I yield back the balance of cerns on what would happen to abandoned and their expenses written off accordingly. my time. and neglected horses each year. Horses are expensive to maintain, and can Mr. KINGSTON of Georgia. I move to cost $500 to $2,000 to euthanize by lethal in- RESTORE THE HORSEMEAT INDUSTRY AND jection and bury—assuming you can find a strike the last word. CREATE JOBS The Acting CHAIR. The gentleman place that is willing to dispose of a 1,500 Two weeks ago, the House Appropriations pound animal filled with drugs. Horse owners from Georgia is recognized for 5 min- committee voted to reinsert language into utes. deserve a humane end of life option for their the Agriculture Appropriations bill to pre- horses that has monetary value. Right now, Mr. KINGSTON of Georgia. I rise in vent funds for inspections—inspections that Republicans and Democrats are using emo- strong support of the amendment and are required by law—of horsemeat, con- tional arguments to an ill-informed public to believe that while it may be an emo- tinuing a logic-defying policy that harms the deny horse owners their rights. In the proc- tional issue—and as my friend from welfare of horses, infringes on the rights of ess, they are preventing the creation of Virginia said and my friend from Indi- horse owners, and cripples the horse indus- American jobs and causing more inhumane ana said, emotion is good. I think that try. Most of all, it prevents the immediate treatment of horses. creation of hundreds of good, American jobs. there can be emotion on both sides. Charles W. Stenholm served the 17th U.S. The unemployment rate just hit 9.1 percent House District of Texas as a Democrat, 1979– But there’s also a lot of logic in the and both parties are blaming the other for it. 2005. He is now a Senior Policy Advisor with gentlewoman’s position, and that’s In this instance both are to blame for killing Olsson Frank Weeda Terman Bode Matz PC. why I’m a strong supporter of it. the highly regulated horsemeat industry. The Acting CHAIR. Without objec- Before 2005, the horsemeat industry was a I yield to the gentlewoman from Wy- tion, the amendment is withdrawn. oming. $65 million a year business. In 2003, the two Texas plants employed a total of 130 people There was no objection. Mrs. LUMMIS. Before I withdraw the ANNOUNCEMENT BY THE ACTING CHAIR amendment, I wish to correct that this to process 40,000 horses per year. One small business that shipped the meat noted in a The Acting CHAIR. Pursuant to amendment has never been considered 2002 letter that it employed twenty-one peo- clause 6 of rule XVIII, proceedings will in committee or on the floor. This ple, all of whom were heads of households. now resume on those amendments on amendment only applies to the two Their annual horsemeat airfreight exports which further proceedings were post- lines in this horse inspection issue generated $4 million for the airlines they poned, in the following order: which deal with an individual’s right to used. These jobs are all gone. The amendment offered by Ms. pay their own money to have a horse Instead, they are in Mexico and Canada. Now horses are shipped much greater dis- DELAURO of Connecticut. inspected. There are no taxpayer dol- The amendment offered by Mr. SES- lars involved in this amendment. I’m tances and at higher costs to slaughter, and are slaughtered without USDA regulation. SIONS of Texas. only striking the two lines that now Last year, over 150,000 horses were sent The amendment offered by Mr. FARR you’re even not allowing people to pay across the boarders to be processed. Horse of California. their own money to have a horse in- processing serves to set a floor price for Amendment No. 8 by Mr. BROUN of spected. horses. The higher cost of shipping them to Georgia.

VerDate Mar 15 2010 05:11 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.092 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4225 The amendment offered by Mr. Lofgren, Zoe Perlmutter Shuler Scott (SC) Stutzman West Lowey Peters Sires Scott, Austin Sullivan Westmoreland CHAFFETZ of Utah. Luja´ n Peterson Smith (NJ) Sensenbrenner Terry Whitfield Amendment No. 4 by Mr. BROUN of Lynch Pingree (ME) Smith (WA) Sessions Thompson (PA) Wilson (SC) Georgia. Maloney Platts Speier Shimkus Thornberry Wittman The amendment offered by Mr. Markey Polis Stark Shuster Tiberi Womack Matheson Price (NC) Simpson Tipton Woodall CLARKE of Michigan. Sutton Matsui Quigley Thompson (CA) Smith (NE) Turner Yoder Smith (TX) Walberg Young (AK) Amendment No. 9 by Mr. BROUN of McCarthy (NY) Rahall Thompson (MS) McCollum Reichert Southerland Walsh (IL) Young (FL) Georgia. Tierney McDermott Reyes Stearns Webster Young (IN) Tonko The amendment offered by Ms. RICH- McGovern Richardson ARDSON of California. McIntyre Richmond Towns NOT VOTING—13 Tsongas Amendment A by Mr. GOSAR of Ari- McNerney Ross (AR) Andrews Frank (MA) Slaughter Upton zona. Meeks Rothman (NJ) Bachmann Giffords Stivers Michaud Roybal-Allard Van Hollen Bass (CA) Honda Weiner Amendment A by Mr. BROUN of Geor- Miller (NC) Ruppersberger Vela´ zquez Chu Rangel gia. Miller, George Rush Visclosky Eshoo Rokita The amendment offered by Ms. FOXX Moore Ryan (OH) Walden ´ b 1602 of North Carolina. Moran Sanchez, Linda Walz (MN) Murphy (CT) T. Wasserman Messrs. STUTZMAN, AUSTRIA, Amendment No. 12 by Mr. BROUN of Nadler Sanchez, Loretta Schultz Georgia. Napolitano Sarbanes Waters JOHNSON of Ohio and HALL changed Neal Schakowsky Amendment B by Mr. GOSAR of Ari- Watt their vote from ‘‘aye’’ to ‘‘no.’’ Olver Schiff zona. Waxman Mr. WALDEN changed his vote from Owens Schrader Welch ‘‘no’’ to ‘‘aye.’’ Amendment B by Mr. BROUN of Geor- Pallone Schwartz Wilson (FL) Pascrell So the amendment was rejected. gia. Scott (VA) Wolf Pastor (AZ) Scott, David The result of the vote was announced Woolsey Amendment No. 6 by Mr. BROUN of Paulsen Serrano Wu as above recorded. Georgia. Payne Sewell Stated for: The amendment offered by Mr. Pelosi Sherman Yarmuth Ms. CHU. Mr. Chair, on rollcall No. 420, the STEARNS of Florida. NOES—226 DeLauro amendment to increase funding for The Chair will reduce to 2 minutes the Center for Food Safety and Applied Nutri- the time for any electronic vote after Adams Fleming Lummis Aderholt Flores Lungren, Daniel tion by $1 million, had I been present I would the first vote in this series. Akin Forbes E. have voted ‘‘aye.’’ This amendment would AMENDMENT OFFERED BY MS. DELAURO Alexander Fortenberry Mack Amash Foxx Manzullo have improved food safety and protect the The Acting CHAIR. The unfinished Austria Franks (AZ) Marchant American people from E. coli bacterial out- business is the demand for a recorded Bachus Frelinghuysen Marino breaks. vote on the amendment offered by the Barletta Gallegly McCarthy (CA) (By unanimous consent, Mr. LONG gentlewoman from Connecticut (Ms. Bartlett Gardner McCaul Barton (TX) Garrett McClintock was allowed to speak out of order.) DELAURO) on which further proceedings Bass (NH) Gerlach McCotter HONORING MISSOURI TORNADO VICTIMS were postponed and on which the noes Benishek Gibbs McHenry Mr. LONG. Mr. Chairman, I ask that prevailed by voice vote. Berg Gibson McKeon Biggert Gingrey (GA) McKinley the House observe a moment of silence The Clerk will redesignate the Bilbray Gohmert McMorris in honor of the victims of the tornado amendment. Bilirakis Goodlatte Rodgers which hit Joplin, Missouri, on May 22. The Clerk redesignated the amend- Bishop (UT) Gosar Meehan As the Congressman representing Mis- ment. Black Gowdy Mica Blackburn Granger Miller (FL) souri’s Seventh District, which in- RECORDED VOTE Bonner Graves (GA) Miller (MI) cludes Joplin, I ask that we observe a The Acting CHAIR. A recorded vote Bono Mack Graves (MO) Miller, Gary moment of silence for those effected by Boustany Griffin (AR) Mulvaney has been demanded. Brady (TX) Griffith (VA) Murphy (PA) the EF–5 tornado that struck this town A recorded vote was ordered. Brooks Grimm Myrick of 50,000 people on the 22nd of May. The vote was taken by electronic de- Broun (GA) Guinta Neugebauer This horrific event led to a loss of life vice, and there were—ayes 193, noes 226, Buchanan Guthrie Noem of 153 individuals, from babies to folks Bucshon Hall Nugent not voting 13, as follows: Buerkle Harper Nunes in their nineties. Also, they lost 54 per- [Roll No. 420] Burgess Harris Nunnelee cent of their school capacity, 8,000 Burton (IN) Hartzler Olson homes, and 500 businesses. AYES—193 Calvert Hastings (WA) Palazzo Ackerman Costello Hastings (FL) Camp Hayworth Paul The Acting CHAIR. Will the Members Altmire Courtney Heinrich Campbell Heck Pearce please rise and observe a moment of si- Baca Critz Higgins Canseco Hensarling Pence lence. Baldwin Crowley Himes Cantor Herger Petri AMENDMENT OFFERED BY MR. SESSIONS Barrow Cuellar Hinchey Capito Herrera Beutler Pitts Becerra Cummings Hinojosa Cardoza Huelskamp Poe (TX) The Acting CHAIR. Without objec- Berkley Davis (CA) Hirono Carter Huizenga (MI) Pompeo tion, 2-minute voting will continue. Berman Davis (IL) Hochul Cassidy Hultgren Posey There was no objection. Bishop (GA) DeFazio Holden Chabot Hunter Price (GA) Bishop (NY) DeGette Holt Chaffetz Hurt Quayle The Acting CHAIR. The unfinished Blumenauer DeLauro Hoyer Coble Issa Reed business is the demand for a recorded Boren Dent Inslee Coffman (CO) Jenkins Rehberg vote on the amendment offered by the Boswell Deutch Israel Cole Johnson (IL) Renacci gentleman from Texas (Mr. SESSIONS) Brady (PA) Dicks Jackson (IL) Conaway Johnson (OH) Ribble Braley (IA) Dingell Jackson Lee Costa Johnson, Sam Rigell on which further proceedings were Brown (FL) Doggett (TX) Cravaack Jordan Rivera postponed and on which the ayes pre- Butterfield Dold Johnson (GA) Crawford Kelly Roby vailed by voice vote. Capps Donnelly (IN) Johnson, E. B. Crenshaw King (IA) Roe (TN) Capuano Doyle Jones Culberson King (NY) Rogers (AL) The Clerk will redesignate the Carnahan Edwards Kaptur Davis (KY) Kingston Rogers (KY) amendment. Carney Ellison Keating Denham Kinzinger (IL) Rogers (MI) The Clerk redesignated the amend- Carson (IN) Engel Kildee DesJarlais Kline Rohrabacher ment. Castor (FL) Farr Kind Diaz-Balart Labrador Rooney Chandler Fattah Kissell Dreier Lamborn Ros-Lehtinen RECORDED VOTE Cicilline Filner Kucinich Duffy Lance Roskam The Acting CHAIR. A recorded vote Clarke (MI) Fudge Langevin Duncan (SC) Landry Ross (FL) has been demanded. Clarke (NY) Garamendi Larsen (WA) Duncan (TN) Lankford Royce Clay Gonzalez Larson (CT) Ellmers Latham Runyan A recorded vote was ordered. Cleaver Green, Al Lee (CA) Emerson LaTourette Ryan (WI) The Acting CHAIR. This will be a 2- Clyburn Green, Gene Levin Farenthold Latta Scalise minute vote. Cohen Grijalva Lewis (GA) Fincher Lewis (CA) Schilling The vote was taken by electronic de- Connolly (VA) Gutierrez Lipinski Fitzpatrick Long Schmidt Conyers Hanabusa LoBiondo Flake Lucas Schock vice, and there were—ayes 226, noes 199, Cooper Hanna Loebsack Fleischmann Luetkemeyer Schweikert not voting 7, as follows:

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.094 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4226 CONGRESSIONAL RECORD — HOUSE June 15, 2011 [Roll No. 421] Doyle Levin Ross (AR) [Roll No. 422] Edwards Lewis (GA) Rothman (NJ) AYES—226 Ellison Lipinski Roybal-Allard AYES—352 Emerson LoBiondo Adams Gibbs Noem Ruppersberger Ackerman Ellmers Loebsack Engel Loebsack Aderholt Gibson Nugent Rush Akin Engel Lofgren, Zoe Farr Lofgren, Zoe Akin Gohmert Nunes Ryan (OH) Alexander Farr Lowey Fattah Lowey Alexander Goodlatte Nunnelee Sa´ nchez, Linda Andrews Fattah Luetkemeyer Filner Luja´ n Amash Gosar Olson T. Austria Filner ´ Frank (MA) Lynch Lujan Austria Gowdy Palazzo Sanchez, Loretta Baca Fitzpatrick Lummis Bachmann Granger Paul Fudge Maloney Sarbanes Garamendi Markey Bachmann Forbes Lungren, Daniel Bachus Graves (GA) Paulsen Schakowsky Gerlach Matheson Bachus Fortenberry E. Barletta Graves (MO) Pearce Schiff Gingrey (GA) Matsui Baldwin Frank (MA) Lynch Bartlett Griffin (AR) Pence Schrader Gonzalez McCarthy (NY) Barletta Frelinghuysen Mack Barton (TX) Griffith (VA) Petri Schwartz Barrow Fudge Maloney Bass (NH) Guinta Pitts Green, Al McCollum Green, Gene McDermott Scott (VA) Bartlett Gallegly Manzullo Benishek Guthrie Poe (TX) Scott, David Barton (TX) Garamendi Marchant Berg Hall Grijalva McGovern Pompeo Serrano Bass (CA) Gardner Marino Biggert Hanna Posey Grimm McIntyre Sewell Bass (NH) Gerlach Matsui Bilbray Harper Price (GA) Gutierrez McNerney Sherman Becerra Gibbs McCarthy (CA) Bilirakis Harris Quayle Hanabusa Meehan Shuler Benishek Gibson McCarthy (NY) Bishop (UT) Hartzler Hastings (FL) Meeks Reed Berg Gingrey (GA) McCaul Black Hastings (WA) Heinrich Michaud Sires Rehberg Berkley Gohmert McCollum Blackburn Hayworth Higgins Miller (NC) Smith (NJ) Reichert Berman Gonzalez McCotter Bonner Heck Himes Miller, George Smith (WA) Renacci Biggert Goodlatte McDermott Bono Mack Hensarling Hinchey Moore Speier Ribble Bilbray Gosar McGovern Boustany Herger Hinojosa Moran Stark Rigell Bilirakis Green, Al McHenry Brady (TX) Herrera Beutler Hirono Murphy (CT) Sutton Rivera Bishop (GA) Green, Gene McIntyre Brooks Huelskamp Hochul Murphy (PA) Thompson (CA) Roby Bishop (NY) Griffin (AR) McKeon Broun (GA) Huizenga (MI) Holden Nadler Thompson (MS) Roe (TN) Bishop (UT) Griffith (VA) McKinley Buchanan Hultgren Holt Napolitano Tierney Rogers (AL) Blumenauer Grijalva McMorris Bucshon Hunter Honda Neal Tonko Rogers (KY) Bono Mack Grimm Rodgers Buerkle Hurt Hoyer Olver Rogers (MI) Towns Boren Guinta McNerney Burgess Issa Inslee Owens Rohrabacher Tsongas Boswell Guthrie Meehan Burton (IN) Jenkins Israel Pallone Rooney Van Hollen Boustany Gutierrez Meeks Calvert Johnson (IL) Jackson (IL) Pascrell Ros-Lehtinen Vela´ zquez Brady (PA) Hall Mica Camp Johnson (OH) Jackson Lee Pastor (AZ) Roskam Visclosky Braley (IA) Hanabusa Michaud Campbell Johnson, Sam (TX) Payne Ross (FL) Walz (MN) Brooks Hanna Miller (MI) Canseco Jones Johnson (GA) Pelosi Royce Wasserman Brown (FL) Harper Miller (NC) Cantor Jordan Johnson, E. B. Perlmutter Runyan Schultz Buchanan Hartzler Miller, George Capito Kelly Kaptur Peters Ryan (WI) Waters Bucshon Hastings (FL) Moore Carter King (IA) Keating Peterson Scalise Watt Burton (IN) Hastings (WA) Moran Cassidy King (NY) Kildee Pingree (ME) Schilling Waxman Butterfield Hayworth Murphy (CT) Chabot Kingston Schmidt Kind Platts Welch Calvert Heinrich Murphy (PA) Chaffetz Kinzinger (IL) Schock Kissell Polis Wilson (FL) Camp Herrera Beutler Nadler Coble Kline Schweikert Kucinich Price (NC) Wolf Capito Higgins Napolitano Coffman (CO) Labrador Langevin Quigley Scott (SC) Capps Himes Neal Cole Lamborn Larsen (WA) Rahall Woolsey Scott, Austin Capuano Hinchey Noem Conaway Lance Larson (CT) Reyes Wu Sensenbrenner Cardoza Hinojosa Nugent Connolly (VA) Landry LaTourette Richardson Yarmuth Sessions Carnahan Hirono Nunnelee Cravaack Lankford Lee (CA) Richmond Young (AK) Shimkus Carney Hochul Olver Crawford Latham Shuster Carson (IN) Holden Owens Crenshaw Latta NOT VOTING—7 Simpson Cassidy Holt Palazzo Culberson Lewis (CA) Smith (NE) Eshoo Rokita Weiner Castor (FL) Honda Pallone Davis (KY) Long Smith (TX) Giffords Slaughter Chandler Hoyer Pascrell Denham Lucas Southerland Rangel Stivers Chu Huizenga (MI) Pastor (AZ) Dent Luetkemeyer Stearns Cicilline Hultgren Paulsen DesJarlais Lummis Stutzman ANNOUNCEMENT BY THE ACTING CHAIR Clarke (MI) Hunter Payne Diaz-Balart Lungren, Daniel Sullivan Clarke (NY) Hurt Pearce Dold E. The Acting CHAIR (during the vote). Terry Clay Inslee Pelosi Dreier Mack Thompson (PA) There is less than 1 minute remaining Cleaver Israel Pence Duffy Manzullo Thornberry on this vote. Clyburn Issa Perlmutter Duncan (SC) Marchant Tiberi Coble Jackson (IL) Peterson Duncan (TN) Marino Tipton Coffman (CO) Jackson Lee Petri Ellmers McCarthy (CA) Turner b 1609 Cohen (TX) Pingree (ME) Farenthold McCaul Upton Cole Jenkins Pitts Fincher McClintock Walberg So the amendment was agreed to. Connolly (VA) Johnson (GA) Platts Fitzpatrick McCotter Walden Conyers Johnson (IL) Polis Flake McHenry Walsh (IL) The result of the vote was announced Cooper Johnson (OH) Posey Fleischmann McKeon Webster as above recorded. Costa Johnson, E. B. Price (NC) Fleming McKinley West Costello Johnson, Sam Quigley Flores McMorris AMENDMENT OFFERED BY MR FARR Westmoreland . Courtney Jones Rahall Forbes Rodgers Whitfield Cravaack Jordan Reed Fortenberry Mica The Acting CHAIR. The unfinished Wilson (SC) Crawford Kaptur Rehberg Foxx Miller (FL) Wittman business is the demand for a recorded Crenshaw Keating Reichert Franks (AZ) Miller (MI) Womack vote on the amendment offered by the Critz Kelly Renacci Frelinghuysen Miller, Gary Woodall Crowley Kildee Reyes Gallegly Mulvaney gentleman from California (Mr. FARR) Yoder Cummings Kind Ribble Gardner Myrick on which further proceedings were Young (FL) Davis (CA) King (NY) Richardson Garrett Neugebauer Young (IN) postponed and on which the noes pre- Davis (IL) Kingston Richmond vailed by voice vote. Davis (KY) Kinzinger (IL) Rigell NOES—199 DeFazio Kissell Rivera Ackerman Butterfield Cooper The Clerk will redesignate the DeGette Kline Roe (TN) Altmire Capps Costa amendment. DeLauro Kucinich Rogers (KY) Andrews Capuano Costello The Clerk redesignated the amend- Denham Lamborn Rogers (MI) Baca Cardoza Courtney Dent Lance Rohrabacher Baldwin Carnahan Critz ment. DesJarlais Landry Ros-Lehtinen Barrow Carney Crowley Deutch Langevin Roskam RECORDED VOTE Bass (CA) Carson (IN) Cuellar Diaz-Balart Lankford Ross (AR) Becerra Castor (FL) Cummings The Acting CHAIR. A recorded vote Dicks Larsen (WA) Ross (FL) Berkley Chandler Davis (CA) has been demanded. Dingell Larson (CT) Rothman (NJ) Berman Chu Davis (IL) Doggett Latham Roybal-Allard Bishop (GA) Cicilline DeFazio A recorded vote was ordered. Dold LaTourette Runyan Bishop (NY) Clarke (MI) DeGette Donnelly (IN) Latta Rush Blumenauer Clarke (NY) DeLauro The Acting CHAIR. This will be a 2- Doyle Lee (CA) Ryan (OH) Boren Clay Deutch minute vote. Dreier Levin Ryan (WI) Boswell Cleaver Dicks The vote was taken by electronic de- Duffy Lewis (CA) Sa´ nchez, Linda Brady (PA) Clyburn Dingell Duncan (TN) Lewis (GA) T. Braley (IA) Cohen Doggett vice, and there were—ayes 352, noes 70, Edwards Lipinski Sanchez, Loretta Brown (FL) Conyers Donnelly (IN) not voting 10, as follows: Ellison LoBiondo Sarbanes

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.029 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4227 Scalise Smith (NJ) Visclosky [Roll No. 423] Lipinski Pelosi Sewell Schakowsky Smith (TX) Walden LoBiondo Perlmutter Sherman Schiff Smith (WA) Walz (MN) AYES—120 Loebsack Peterson Shimkus Schilling Southerland Wasserman Adams Gingrey (GA) McKeon Lofgren, Zoe Pingree (ME) Shuler Schmidt Speier Schultz Altmire Goodlatte Mica Lowey Platts Shuster Schock Stark Waters Amash Gosar Miller (FL) Lucas Poe (TX) Simpson Schrader Stearns Watt Bachmann Gowdy Miller, Gary Luetkemeyer Polis Sires Schwartz Stutzman Waxman Bachus Graves (GA) Mulvaney Luja´ n Posey Smith (NE) Schweikert Sullivan Webster Bartlett Green, Gene Murphy (PA) Lungren, Daniel Price (NC) Smith (NJ) Scott (VA) Sutton Welch Barton (TX) Griffith (VA) Nugent E. Quigley Smith (TX) Scott, Austin Terry West Benishek Grimm Nunes Lynch Rahall Smith (WA) Scott, David Thompson (CA) Whitfield Bishop (UT) Harris Paul Marino Reed Southerland Sensenbrenner Thompson (MS) Wilson (FL) Black Heinrich Paulsen Markey Rehberg Speier Serrano Thompson (PA) Wilson (SC) Blackburn Hensarling Pence Matsui Reichert Stark Sessions Tiberi Wittman Bono Mack Herrera Beutler Peters McCarthy (NY) Renacci Sullivan Sewell Tierney Wolf Boustany Himes Petri McCaul Reyes Sutton Sherman Tonko Womack Brady (TX) Huelskamp Pitts McCollum Ribble Thompson (CA) Shimkus Towns Woolsey Brooks Huizenga (MI) Pompeo McDermott Richardson Thompson (MS) Shuler Tsongas Wu Broun (GA) Hultgren Price (GA) McGovern Richmond Thompson (PA) Shuster Turner Yarmuth Burgess Hunter Quayle McIntyre Rivera Thornberry Simpson Upton Yoder Burton (IN) Hurt Rigell McKinley Roby Tiberi Sires Van Hollen Young (FL) Campbell Inslee Rohrabacher McMorris Roe (TN) Tierney Smith (NE) Vela´ zquez Young (IN) Cantor Issa Royce Rodgers Rogers (AL) Tipton Chabot Johnson (OH) Ryan (WI) McNerney Rogers (KY) Tonko NOES—70 Chaffetz Johnson, Sam Scalise Meehan Rogers (MI) Towns Adams Flake Myrick Chandler Jones Schilling Meeks Rooney Tsongas Aderholt Fleischmann Neugebauer Coble Jordan Schweikert Michaud Ros-Lehtinen Turner Miller (MI) Roskam Van Hollen Altmire Fleming Nunes Coffman (CO) King (NY) Scott (SC) Miller (NC) Ross (AR) Vela´ zquez Amash Flores Olson Cooper Kline Scott, Austin Miller, George Ross (FL) Visclosky Black Foxx Paul Cravaack Labrador Sensenbrenner Blackburn Franks (AZ) Davis (KY) Lamborn Sessions Moore Rothman (NJ) Walden Peters Moran Roybal-Allard Walz (MN) Bonner Garrett Poe (TX) Dent Larsen (WA) Stearns Doggett Long Stutzman Murphy (CT) Runyan Wasserman Brady (TX) Gowdy Pompeo Broun (GA) Granger Duncan (SC) Lummis Terry Myrick Ruppersberger Schultz Price (GA) Buerkle Graves (GA) Duncan (TN) Mack Upton Nadler Rush Waters Quayle Burgess Graves (MO) Flake Maloney Walberg Napolitano Ryan (OH) Watt ´ Campbell Harris Roby Fleischmann Manzullo Walsh (IL) Neal Sanchez, Linda Waxman Canseco Heck Rogers (AL) Fleming Marchant West Neugebauer T. Webster Cantor Hensarling Rooney Foxx Matheson Westmoreland Noem Sanchez, Loretta Welch Carter Huelskamp Royce Franks (AZ) McCarthy (CA) Wilson (SC) Nunnelee Sarbanes Whitfield Chabot King (IA) Scott (SC) Gallegly McClintock Woodall Olson Schakowsky Wilson (FL) Chaffetz Labrador Thornberry Garrett McCotter Yoder Olver Schiff Wittman Conaway Long Tipton Gibson McHenry Young (IN) Owens Schmidt Wolf Cuellar Lucas Walberg Palazzo Schock Womack Culberson Matheson Walsh (IL) NOES—304 Pallone Schrader Woolsey Duncan (SC) McClintock Westmoreland Pascrell Schwartz Wu Ackerman Connolly (VA) Griffin (AR) Pastor (AZ) Scott (VA) Yarmuth Emerson Miller (FL) Woodall Aderholt Conyers Grijalva Payne Scott, David Young (AK) Farenthold Miller, Gary Young (AK) Akin Costa Guinta Pearce Serrano Young (FL) Fincher Mulvaney Alexander Costello Guthrie NOT VOTING—10 Andrews Courtney Gutierrez NOT VOTING—8 Austria Crawford Hall Eshoo Rangel Stivers Baca Crenshaw Hanabusa Bilbray Rangel Stivers Giffords Rokita Weiner Baldwin Critz Hanna Eshoo Rokita Weiner Herger Ruppersberger Barletta Crowley Harper Giffords Slaughter Markey Slaughter Barrow Cuellar Hartzler ANNOUNCEMENT BY THE ACTING CHAIR Bass (CA) Culberson Hastings (FL) ANNOUNCEMENT BY THE ACTING CHAIR Bass (NH) Cummings Hastings (WA) The Acting CHAIR (during the vote). The Acting CHAIR (during the vote). Becerra Davis (CA) Hayworth There is 1 minute remaining in this Berg Davis (IL) Heck There is 1 minute remaining in this Berkley DeFazio Herger vote. vote. Berman DeGette Higgins Biggert DeLauro Hinchey Bilirakis Denham Hinojosa b 1618 b 1613 Bishop (GA) DesJarlais Hirono Mr. TURNER changed his vote from Bishop (NY) Deutch Hochul So the amendment was agreed to. Blumenauer Diaz-Balart Holden ‘‘aye’’ to ‘‘no.’’ The result of the vote was announced Bonner Dicks Holt So the amendment was rejected. Boren Dingell Honda as above recorded. Boswell Dold Hoyer The result of the vote was announced AMENDMENT NO. 8 OFFERED BY MR. BROUN OF Brady (PA) Donnelly (IN) Israel as above recorded. Braley (IA) Doyle Jackson (IL) GEORGIA AMENDMENT OFFERED BY MR. CHAFFETZ Brown (FL) Dreier Jackson Lee The Acting CHAIR. The unfinished Buchanan Duffy (TX) The Acting CHAIR. The unfinished business is the demand for a recorded Bucshon Edwards Jenkins business is the demand for a recorded Buerkle Ellison Johnson (GA) vote on the amendment offered by the Butterfield Ellmers Johnson (IL) vote on the amendment offered by the gentleman from Georgia (Mr. BROUN) Calvert Emerson Johnson, E. B. gentleman from Utah (Mr. CHAFFETZ) on which further proceedings were Camp Engel Kaptur on which further proceedings were postponed and on which the noes pre- Canseco Farenthold Keating Capito Farr Kelly postponed and on which the ayes pre- vailed by voice vote. Capps Fattah Kildee vailed by voice vote. The Clerk will redesignate the Capuano Filner Kind The Clerk will redesignate the amendment. Cardoza Fincher King (IA) Carnahan Fitzpatrick Kingston amendment. The Clerk redesignated the amend- Carney Flores Kinzinger (IL) The Clerk redesignated the amend- ment. Carson (IN) Forbes Kissell ment. Carter Fortenberry Kucinich RECORDED VOTE Cassidy Frank (MA) Lance RECORDED VOTE The Acting CHAIR. A recorded vote Castor (FL) Frelinghuysen Landry The Acting CHAIR. A recorded vote Chu Fudge Langevin has been demanded. Cicilline Garamendi Lankford has been demanded. A recorded vote was ordered. Clarke (MI) Gardner Larson (CT) A recorded vote was ordered. Clarke (NY) Gerlach Latham The Acting CHAIR. This will be a 2- Clay Gibbs LaTourette The Acting CHAIR. This will be a 2- minute vote. Cleaver Gohmert Latta minute vote. The vote was taken by electronic de- Clyburn Gonzalez Lee (CA) The vote was taken by electronic de- Cohen Granger Levin vice, and there were—ayes 120, noes 304, Cole Graves (MO) Lewis (CA) vice, and there were—ayes 83, noes 338, not voting 8, as follows: Conaway Green, Al Lewis (GA) not voting 11, as follows:

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.030 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4228 CONGRESSIONAL RECORD — HOUSE June 15, 2011 [Roll No. 424] Matsui Posey Shuster [Roll No. 425] McCarthy (CA) Price (NC) Simpson AYES—83 McCarthy (NY) Quayle Sires AYES—125 Adams Garrett Mulvaney McCaul Quigley Smith (NE) Adams Graves (GA) Murphy (PA) Amash Gingrey (GA) Murphy (PA) McCollum Rahall Smith (NJ) Amash Green, Gene Nugent Bachmann Gohmert Nunes McCotter Reed Smith (TX) Bachmann Griffith (VA) Nunes Barton (TX) Goodlatte Paul McDermott Rehberg Smith (WA) Bartlett Grimm Paul McGovern Reichert Benishek Gowdy Pence Southerland Barton (TX) Harris Paulsen McIntyre Renacci Bilbray Graves (GA) Petri Speier Benishek Heinrich Pence McKeon Reyes Bishop (UT) Griffith (VA) Pitts Stark Bilirakis Hensarling Peters McKinley Ribble Black Hensarling Sutton Bishop (UT) Herger Petri Pompeo McMorris Richardson Blackburn Herger Terry Black Herrera Beutler Pitts Price (GA) Rodgers Richmond Bono Mack Huizenga (MI) Rohrabacher Thompson (CA) Blackburn Hochul Polis Brady (TX) Hultgren McNerney Rigell Bono Mack Huizenga (MI) Roskam Thompson (MS) Pompeo Brooks Hurt Meehan Rivera Brady (TX) Hultgren Price (GA) Royce Thompson (PA) Broun (GA) Issa Meeks Roby Broun (GA) Hunter Quayle Ryan (WI) Thornberry Buerkle Johnson (OH) Michaud Roe (TN) Bucshon Hurt Ribble Scalise Tiberi Burgess Johnson, Sam Miller (MI) Rogers (AL) Buerkle Inslee Rigell Tierney Burton (IN) Jordan Schweikert Miller (NC) Rogers (KY) Burgess Issa Roe (TN) Tipton Campbell Labrador Scott (SC) Miller, George Rogers (MI) Burton (IN) Johnson (OH) Rogers (MI) Cantor Lamborn Sensenbrenner Moore Rooney Tonko Calvert Johnson, Sam Rohrabacher Chabot Landry Sessions Moran Ros-Lehtinen Towns Campbell Jordan Rooney Chaffetz Latta Stearns Murphy (CT) Ross (AR) Tsongas Cantor King (NY) Roskam Coble Long Stutzman Myrick Ross (FL) Turner Chabot Kline Ross (FL) Coffman (CO) Lummis Walberg Nadler Rothman (NJ) Upton Chaffetz Labrador Royce Duncan (SC) Mack Walsh (IL) Napolitano Roybal-Allard Van Hollen Coble Lamborn Ryan (WI) Flake Manzullo West Neal Runyan Vela´ zquez Coffman (CO) Landry Scalise Fleischmann McClintock Westmoreland Neugebauer Ruppersberger Visclosky Cooper Larsen (WA) Schweikert Fleming Mica Wilson (SC) Noem Rush Walden Dent Lewis (CA) Scott (SC) Foxx Miller (FL) Woodall Nugent Ryan (OH) Walz (MN) Doggett Long Scott, Austin Franks (AZ) Miller, Gary Young (AK) Nunnelee Sa´ nchez, Linda Wasserman Duncan (SC) Lummis Sensenbrenner Olson T. Schultz Duncan (TN) Lungren, Daniel Sessions NOES—338 Olver Sanchez, Loretta Waters Fitzpatrick E. Smith (WA) Owens Sarbanes Flake Mack Stearns Ackerman Crenshaw Hastings (WA) Watt Palazzo Schakowsky Fleischmann Manzullo Stutzman Aderholt Critz Hayworth Waxman Pallone Schiff Fleming Matheson Terry Akin Crowley Heck Webster Pascrell Schilling Foxx McCarthy (CA) Walberg Alexander Cuellar Heinrich Welch Pastor (AZ) Schmidt Franks (AZ) McClintock Walsh (IL) Altmire Culberson Herrera Beutler Whitfield Paulsen Schock Gallegly McCotter Westmoreland Andrews Cummings Higgins Wilson (FL) Payne Schrader Garrett McHenry Wilson (SC) Austria Davis (CA) Himes Wittman Pearce Schwartz Gibson McKeon Woodall Baca Davis (IL) Hinchey Wolf Pelosi Scott (VA) Gingrey (GA) Mica Yoder Bachus Davis (KY) Hinojosa Womack Perlmutter Scott, Austin Goodlatte Miller (FL) Young (AK) Baldwin DeFazio Hirono Woolsey Peters Scott, David Gosar Miller, Gary Young (FL) Barletta DeGette Hochul Wu Peterson Serrano Gowdy Mulvaney Young (IN) Barrow DeLauro Holden Pingree (ME) Sewell Yarmuth Bartlett Denham Holt Platts Sherman Yoder NOES—298 Bass (CA) Dent Honda Poe (TX) Shimkus Young (FL) Bass (NH) DesJarlais Hoyer Polis Shuler Young (IN) Ackerman Clyburn Gibbs Becerra Deutch Huelskamp Aderholt Cohen Gohmert Berg Diaz-Balart Hunter NOT VOTING—11 Akin Cole Gonzalez Berkley Dicks Inslee Alexander Conaway Granger Berman Dingell Israel Ellison McHenry Stivers Altmire Connolly (VA) Graves (MO) Biggert Doggett Jackson (IL) Eshoo Rangel Sullivan Andrews Conyers Green, Al Bilirakis Dold Jackson Lee Gardner Rokita Weiner Austria Costa Griffin (AR) Bishop (GA) Donnelly (IN) (TX) Giffords Slaughter Baca Costello Grijalva Bishop (NY) Doyle Jenkins Bachus Courtney Guinta Blumenauer Dreier Johnson (GA) ANNOUNCEMENT BY THE ACTING CHAIR Baldwin Cravaack Guthrie Bonner Duffy Johnson (IL) The Acting CHAIR (during the vote). Barletta Crawford Gutierrez Boren Duncan (TN) Johnson, E. B. There is 1 minute remaining on this Barrow Crenshaw Hall Boswell Edwards Jones Bass (CA) Critz Hanabusa Boustany Ellmers Kaptur vote. Bass (NH) Crowley Hanna Brady (PA) Emerson Keating Becerra Cuellar Harper Braley (IA) Engel Kelly Berg Culberson Hartzler Brown (FL) Farenthold Kildee b 1621 Berkley Cummings Hastings (FL) Buchanan Farr Kind Berman Davis (CA) Hastings (WA) Bucshon Fattah King (IA) So the amendment was rejected. Biggert Davis (IL) Hayworth Butterfield Filner King (NY) The result of the vote was announced Bilbray Davis (KY) Heck Calvert Fincher Kingston as above recorded. Bishop (GA) DeFazio Higgins Camp Fitzpatrick Kinzinger (IL) Bishop (NY) DeGette Himes Canseco Flores Kissell AMENDMENT NO. 4 OFFERED BY MR. BROUN OF Blumenauer DeLauro Hinchey Capito Forbes Kline GEORGIA Bonner Denham Hinojosa Capps Fortenberry Kucinich Boren DesJarlais Hirono Capuano Frank (MA) Lance The Acting CHAIR. The unfinished Boswell Deutch Holden Cardoza Frelinghuysen Langevin business is the demand for a recorded Boustany Diaz-Balart Holt Carnahan Fudge Lankford vote on the amendment offered by the Brady (PA) Dicks Honda Carney Gallegly Larsen (WA) Braley (IA) Dingell Hoyer Carson (IN) Garamendi Larson (CT) gentleman from Georgia (Mr. BROUN) Brooks Dold Huelskamp Carter Gerlach Latham on which further proceedings were Brown (FL) Donnelly (IN) Israel Cassidy Gibbs LaTourette postponed and on which the noes pre- Buchanan Doyle Jackson (IL) Castor (FL) Gibson Lee (CA) Butterfield Dreier Jackson Lee Chandler Gonzalez Levin vailed by voice vote. Camp Duffy (TX) Chu Gosar Lewis (CA) The Clerk will redesignate the Canseco Edwards Jenkins Cicilline Granger Lewis (GA) amendment. Capito Ellison Johnson (GA) Clarke (MI) Graves (MO) Lipinski Capps Ellmers Johnson (IL) Clarke (NY) Green, Al LoBiondo The Clerk redesignated the amend- Capuano Emerson Johnson, E. B. Clay Green, Gene Loebsack ment. Cardoza Engel Jones Cleaver Griffin (AR) Lofgren, Zoe Carnahan Farenthold Kaptur Clyburn Grijalva Lowey RECORDED VOTE Carney Farr Keating Cohen Grimm Lucas The Acting CHAIR. A recorded vote Carson (IN) Fattah Kelly Cole Guinta Luetkemeyer Carter Filner Kildee Conaway Guthrie Luja´ n has been demanded. Cassidy Fincher Kind Connolly (VA) Gutierrez Lungren, Daniel A recorded vote was ordered. Castor (FL) Flores King (IA) Conyers Hall E. Chandler Forbes Kingston Cooper Hanabusa Lynch The Acting CHAIR. This is a 2- Chu Fortenberry Kinzinger (IL) Costa Hanna Maloney minute vote. Cicilline Frelinghuysen Kissell Costello Harper Marchant The vote was taken by electronic de- Clarke (MI) Fudge Kucinich Courtney Harris Marino Clarke (NY) Garamendi Lance Cravaack Hartzler Markey vice, and there were—ayes 125, noes 298, Clay Gardner Langevin Crawford Hastings (FL) Matheson not voting 9, as follows: Cleaver Gerlach Lankford

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.040 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4229 Larson (CT) Owens Sewell [Roll No. 426] King (NY) Nugent Schakowsky Latham Palazzo Sherman Kingston Nunes Schilling LaTourette Pallone Shimkus AYES—142 Kline Nunnelee Schrader Latta Pascrell Shuler Ackerman Grijalva Murphy (CT) Labrador Olson Schweikert Lee (CA) Pastor (AZ) Shuster Andrews Gutierrez Nadler Lamborn Owens Scott (SC) Levin Payne Simpson Baca Hanabusa Napolitano Lance Palazzo Scott (VA) Lewis (GA) Pearce Landry Pastor (AZ) Sires Baldwin Hanna Neal Scott, Austin Lipinski Pelosi Lankford Paul Smith (NE) Bass (CA) Harris Olver Sensenbrenner LoBiondo Perlmutter Latham Paulsen Smith (NJ) Becerra Heinrich Pallone Sessions Loebsack Peterson Smith (TX) Benishek Higgins LaTourette Pearce Shimkus Lofgren, Zoe Pingree (ME) Pascrell Latta Pence Southerland Berkley Himes Payne Shuler Lowey Platts Berman Hinchey Levin Perlmutter Speier Pelosi Shuster Lucas Poe (TX) Stark Bono Mack Hirono Lewis (CA) Peters Simpson Pitts Luetkemeyer Posey Sullivan Braley (IA) Hochul LoBiondo Peterson Smith (NE) ´ Posey Lujan Price (NC) Sutton Brown (FL) Holden Long Petri Smith (NJ) Lynch Quigley Quigley Lucas Pingree (ME) Thompson (CA) Burton (IN) Holt Smith (TX) Maloney Rahall Renacci Luetkemeyer Platts Thompson (MS) Butterfield Honda Southerland Marchant Reed Reyes Lummis Poe (TX) Thompson (PA) Capito Hoyer Speier Marino Rehberg Roybal-Allard Lungren, Daniel Polis Thornberry Capps Inslee Stearns Markey Reichert Rush E. Pompeo Tiberi Carnahan Jackson Lee Stutzman Matsui Renacci Ryan (OH) Lynch Price (GA) Tierney Castor (FL) (TX) Sullivan McCarthy (NY) Reyes Sa´ nchez, Linda Maloney Price (NC) Tipton Chandler Johnson (GA) Terry McCaul Richardson T. Manzullo Quayle Tonko Chu Johnson (IL) Thompson (PA) McCollum Richmond Sarbanes Marchant Rahall Towns Cicilline Johnson (OH) Thornberry McDermott Rivera Schiff Marino Reed Tsongas Clarke (MI) Johnson, E. B. Tiberi McGovern Roby Schmidt Matheson Rehberg Turner Clarke (NY) Jones Tierney McIntyre Rogers (AL) Clay Kaptur McCarthy (CA) Reichert Upton Schock Tipton McKinley Ros-Lehtinen Cohen Keating McCarthy (NY) Ribble Van Hollen Schwartz Turner McMorris Ross (AR) Connolly (VA) Kildee McCaul Richardson Vela´ zquez Scott, David Upton Rodgers Rothman (NJ) Conyers Kinzinger (IL) McClintock Richmond Visclosky Serrano Visclosky McNerney Roybal-Allard Cooper Kissell McCollum Rigell Walden Sewell Walberg Meehan Runyan Critz Kucinich McCotter Rivera Walz (MN) Sherman Walden Meeks Ruppersberger Crowley Langevin McHenry Roby Wasserman Sires Walsh (IL) Michaud Rush Cummings Larsen (WA) McIntyre Roe (TN) Schultz Smith (WA) Watt Miller (MI) Ryan (OH) Davis (IL) Larson (CT) McKeon Rogers (AL) Waters Stark Webster Miller (NC) Sa´ nchez, Linda DeFazio Lee (CA) McKinley Rogers (KY) Watt Sutton West Miller, George T. DeGette Lewis (GA) McMorris Rogers (MI) Waxman Thompson (CA) Westmoreland Moore Sanchez, Loretta DeLauro Lipinski Rodgers Rohrabacher Thompson (MS) Whitfield Moran Sarbanes Webster Deutch Loebsack Meehan Rooney Tonko Murphy (CT) Schakowsky Welch Dicks Lofgren, Zoe Mica Ros-Lehtinen Wilson (SC) Myrick Schiff West Dingell Lowey Towns Miller (FL) Roskam Wittman Nadler Schilling Whitfield Ellison Luja´ n Tsongas Miller (NC) Ross (AR) Wolf Napolitano Schmidt Wilson (FL) Engel Mack Van Hollen Miller, Gary Ross (FL) Womack Neal Schock Wittman Fattah Markey Vela´ zquez Miller, George Rothman (NJ) Woodall Neugebauer Schrader Wolf Filner Matsui Walz (MN) Moran Royce Woolsey Noem Schwartz Womack Frank (MA) McDermott Wasserman Mulvaney Runyan Wu Nunnelee Scott (VA) Woolsey Fudge McGovern Schultz Murphy (PA) Ruppersberger Yoder Olson Scott, David Wu Garamendi McNerney Waters Myrick Ryan (WI) Young (AK) Olver Serrano Yarmuth Gibson Meeks Waxman Neugebauer Sanchez, Loretta Young (FL) Gingrey (GA) Michaud Welch Noem Scalise Young (IN) NOT VOTING—9 Gohmert Miller (MI) Wilson (FL) NOT VOTING—8 Eshoo Rangel Slaughter Green, Al Moore Yarmuth Frank (MA) Rogers (KY) Stivers Cole Rangel Stivers Giffords Rokita Weiner NOES—282 Eshoo Rokita Weiner Adams Carter Franks (AZ) Giffords Slaughter ANNOUNCEMENT BY THE ACTING CHAIR Aderholt Cassidy Frelinghuysen ANNOUNCEMENT BY THE ACTING CHAIR The Acting CHAIR (during the vote). Akin Chabot Gallegly Alexander Chaffetz Gardner There is 1 minute remaining on this The Acting CHAIR (during the vote). Altmire Cleaver Garrett There is 1 minute remaining on this vote. Amash Clyburn Gerlach Austria Coble Gibbs vote. Bachmann Coffman (CO) Gonzalez b 1624 Bachus Conaway Goodlatte Barletta Costa Gosar b 1628 So the amendment was rejected. Barrow Costello Gowdy So the amendment was rejected. The result of the vote was announced Bartlett Courtney Granger Barton (TX) Cravaack Graves (GA) The result of the vote was announced as above recorded. Bass (NH) Crawford Graves (MO) as above recorded. Berg Crenshaw Green, Gene AMENDMENT OFFERED BY MR. CLARKE OF Biggert Cuellar Griffin (AR) AMENDMENT NO. 9 OFFERED BY MR. BROUN OF MICHIGAN Bilbray Culberson Griffith (VA) GEORGIA The Acting CHAIR. The unfinished Bilirakis Davis (CA) Grimm Bishop (GA) Davis (KY) Guinta The Acting CHAIR. The unfinished business is the demand for a recorded Bishop (NY) Denham Guthrie business is the demand for a recorded vote on the amendment offered by the Bishop (UT) Dent Hall vote on the amendment offered by the gentleman from Michigan (Mr. CLARKE) Black DesJarlais Harper gentleman from Georgia (Mr. BROUN) on which further proceedings were Blackburn Diaz-Balart Hartzler Blumenauer Doggett Hastings (FL) on which further proceedings were postponed and on which the noes pre- Bonner Dold Hastings (WA) postponed and on which the noes pre- vailed by voice vote. Boren Donnelly (IN) Hayworth Boswell Doyle Heck vailed by voice vote. The Clerk will redesignate the Boustany Dreier Hensarling The Clerk will redesignate the amendment. Brady (PA) Duffy Herger amendment. The Clerk redesignated the amend- Brady (TX) Duncan (SC) Herrera Beutler Brooks Duncan (TN) Hinojosa The Clerk redesignated the amend- ment. Broun (GA) Edwards Huelskamp ment. Buchanan Ellmers Huizenga (MI) RECORDED VOTE Bucshon Emerson Hultgren RECORDED VOTE The Acting CHAIR. A recorded vote Buerkle Farenthold Hunter The Acting CHAIR. A recorded vote has been demanded. Burgess Farr Hurt Calvert Fincher Israel has been demanded. A recorded vote was ordered. Camp Fitzpatrick Issa A recorded vote was ordered. Campbell Flake Jackson (IL) The Acting CHAIR. This is a 2- Canseco Fleischmann Jenkins The Acting CHAIR. This is a 2- minute vote. Cantor Fleming Johnson, Sam minute vote. The vote was taken by electronic de- Capuano Flores Jordan The vote was taken by electronic de- Cardoza Forbes Kelly vice, and there were—ayes 142, noes 282, Carney Fortenberry Kind vice, and there were—ayes 107, noes 318, not voting 8, as follows: Carson (IN) Foxx King (IA) not voting 7, as follows:

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.035 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4230 CONGRESSIONAL RECORD — HOUSE June 15, 2011 [Roll No. 427] Lewis (GA) Payne Sewell Benishek Grijalva Olver Lipinski Pearce Sherman Berkley Grimm Pallone AYES—107 LoBiondo Pelosi Shimkus Berman Gutierrez Pascrell Adams Gohmert Nugent Loebsack Peterson Shuler Bishop (GA) Hanabusa Pastor (AZ) Amash Goodlatte Nunes Lofgren, Zoe Pingree (ME) Shuster Bishop (NY) Hanna Payne Bachmann Gosar Paul Lowey Pitts Simpson Blumenauer Hastings (FL) Pelosi Bachus Gowdy Paulsen Lucas Platts Sires Boren Hayworth Perlmutter Bartlett Graves (GA) Pence Luetkemeyer Poe (TX) Smith (NE) Brady (PA) Heck Peters Luja´ n Pompeo Barton (TX) Graves (MO) Perlmutter Smith (NJ) Braley (IA) Heinrich Platts Lungren, Daniel Posey Brown (FL) Herger Benishek Griffith (VA) Peters Smith (TX) Polis E. Price (NC) Butterfield Higgins Bishop (UT) Hensarling Petri Southerland Price (NC) Lynch Quigley Capito Himes Black Himes Polis Speier Quigley Maloney Rahall Capps Hinchey Blackburn Huizenga (MI) Price (GA) Stark Rahall Marino Reed Capuano Hinojosa Bono Mack Hultgren Quayle Sullivan Reyes Brady (TX) Hunter Markey Rehberg Sutton Carnahan Hirono Richardson Rigell Matsui Reichert Brooks Hurt Terry Carney Hochul Richmond Roe (TN) McCarthy (NY) Renacci Broun (GA) Johnson (OH) Thompson (CA) Carson (IN) Holt Rivera Rohrabacher McCaul Reyes Castor (FL) Honda Buerkle Johnson, Sam Thompson (MS) Rohrabacher Roskam McCollum Ribble Chandler Hoyer Burgess Jones Thompson (PA) Ros-Lehtinen Ross (FL) McCotter Richardson Chu Inslee Burton (IN) Jordan Thornberry Ross (AR) Royce McDermott Richmond Cicilline Jackson (IL) Campbell Kline Tierney Rothman (NJ) Ryan (WI) McGovern Rivera Clarke (MI) Jackson Lee Cantor Labrador Tipton Roybal-Allard Scalise McIntyre Roby Clarke (NY) (TX) Chabot Lamborn Ruppersberger Schweikert McKinley Rogers (AL) Tonko Clay Johnson (GA) Chaffetz Landry Rush Scott (SC) McMorris Rogers (KY) Towns Cleaver Johnson, E. B. Coffman (CO) Long Ryan (OH) Sensenbrenner Rodgers Rogers (MI) Tsongas Coffman (CO) Kaptur Cooper Lummis Sa´ nchez, Linda Sessions McNerney Rooney Turner Cohen Keating Cummings Mack Upton T. Doggett Manzullo Smith (WA) Meehan Ros-Lehtinen Connolly (VA) Kelly Van Hollen Sanchez, Loretta Duncan (SC) Marchant Stearns Meeks Ross (AR) Conyers Kildee Vela´ zquez Sarbanes Duncan (TN) Matheson Stutzman Michaud Rothman (NJ) Cooper Kind Visclosky Schakowsky Farenthold McCarthy (CA) Tiberi Miller (MI) Roybal-Allard Costello Kissell Walden Schiff Flake McClintock Walberg Miller (NC) Runyan Courtney Kucinich Walz (MN) Schrader Fleischmann McHenry Walsh (IL) Miller, George Ruppersberger Critz Langevin Wasserman Schwartz Fleming McKeon West Moore Rush Crowley Larsen (WA) Schultz Scott (VA) Foxx Mica Wilson (SC) Moran Ryan (OH) Cummings Larson (CT) Waters Scott, David Franks (AZ) Miller (FL) Woodall Murphy (CT) Sa´ nchez, Linda Davis (CA) Lee (CA) Watt Serrano Garrett Miller, Gary Yoder Myrick T. Davis (IL) Levin Waxman Sewell Gerlach Mulvaney Young (AK) Nadler Sanchez, Loretta DeFazio Lewis (GA) Webster Sherman Gingrey (GA) Murphy (PA) Young (IN) Napolitano Sarbanes DeGette Lipinski Neal Schakowsky Welch DeLauro LoBiondo Shuster Sires NOES—318 Neugebauer Schiff Westmoreland Dent Lofgren, Zoe Noem Schilling Whitfield Deutch Lowey Smith (WA) Ackerman Connolly (VA) Guinta Nunnelee Schmidt Wilson (FL) Diaz-Balart Luja´ n Speier Aderholt Conyers Guthrie Olson Schock Wittman Dicks Lynch Stark Akin Costa Gutierrez Olver Schrader Wolf Dingell Maloney Sutton Alexander Costello Hall Owens Schwartz Womack Doggett Manzullo Thompson (CA) Altmire Courtney Hanabusa Palazzo Scott (VA) Woolsey Dold Marchant Thompson (MS) Andrews Cravaack Hanna Pallone Scott, Austin Wu Donnelly (IN) Marino Tierney Austria Crawford Harper Pascrell Scott, David Yarmuth Doyle Markey Tonko Baca Crenshaw Harris Pastor (AZ) Serrano Young (FL) Ellison Matheson Towns Baldwin Critz Hartzler Emerson Matsui Tsongas Barletta Crowley Hastings (FL) NOT VOTING—7 Engel McCarthy (NY) Van Hollen Barrow Cuellar Hastings (WA) Eshoo Rokita Weiner Farr McCollum Vela´ zquez Bass (CA) Culberson Hayworth Giffords Slaughter Fattah McDermott Visclosky Bass (NH) Davis (CA) Heck Rangel Stivers Filner McGovern Wasserman Becerra Davis (IL) Heinrich Fitzpatrick McNerney Schultz Berg Davis (KY) Herger ANNOUNCEMENT BY THE ACTING CHAIR Fortenberry Meehan Waters Berkley DeFazio Herrera Beutler Frank (MA) Miller (NC) Watt Berman DeGette Higgins The Acting Chair (during the vote). One minute remains in this vote. Fudge Moore Waxman Biggert DeLauro Hinchey Garamendi Moran Welch Bilbray Denham Hinojosa 1631 Gerlach Murphy (CT) West Bilirakis Dent Hirono b Gingrey (GA) Murphy (PA) Wilson (FL) Bishop (GA) DesJarlais Hochul Gonzalez Nadler Wu Bishop (NY) Deutch Holden So the amendment was rejected. The result of the vote was announced Green, Al Napolitano Yarmuth Blumenauer Diaz-Balart Holt Green, Gene Neal Young (AK) Bonner Dicks Honda as above recorded. Boren Dingell Hoyer NOES—224 Boswell Dold Huelskamp AMENDMENT OFFERED BY MS. RICHARDSON Boustany Donnelly (IN) Inslee The Acting CHAIR. The unfinished Adams Canseco Forbes Brady (PA) Doyle Israel business is the demand for a recorded Aderholt Cantor Foxx Braley (IA) Dreier Issa Akin Cardoza Franks (AZ) Brown (FL) Duffy Jackson (IL) vote on the amendment offered by the Alexander Carter Frelinghuysen Buchanan Edwards Jackson Lee gentlewoman from California (Ms. Amash Cassidy Gallegly Bucshon Ellison (TX) RICHARDSON) on which further pro- Austria Chabot Gardner Butterfield Ellmers Jenkins ceedings were postponed and on which Bachmann Chaffetz Garrett Calvert Emerson Johnson (GA) Bachus Clyburn Gibbs Camp Engel Johnson (IL) the noes prevailed by voice vote. Barletta Coble Gibson Canseco Farr Johnson, E. B. The Clerk will redesignate the Bartlett Cole Gohmert Capito Fattah Kaptur amendment. Barton (TX) Conaway Goodlatte Capps Filner Keating Berg Costa Gosar Capuano Fincher Kelly The Clerk redesignated the amend- Biggert Cravaack Gowdy Cardoza Fitzpatrick Kildee ment. Bilbray Crawford Granger Carnahan Flores Kind RECORDED VOTE Bilirakis Crenshaw Graves (GA) Carney Forbes King (IA) Bishop (UT) Cuellar Graves (MO) Carson (IN) Fortenberry King (NY) The Acting CHAIR. A recorded vote Black Culberson Griffin (AR) Carter Frank (MA) Kingston has been demanded. Blackburn Davis (KY) Griffith (VA) Cassidy Frelinghuysen Kinzinger (IL) A recorded vote was ordered. Bonner Denham Guinta Castor (FL) Fudge Kissell Bono Mack DesJarlais Guthrie Chandler Gallegly Kucinich The Acting CHAIR. This will be a 2- Boswell Dreier Hall Chu Garamendi Lance minute vote. Boustany Duffy Harper Cicilline Gardner Langevin The vote was taken by electronic de- Brooks Duncan (SC) Harris Clarke (MI) Gibbs Lankford vice, and there were—ayes 200, noes 224, Broun (GA) Duncan (TN) Hartzler Clarke (NY) Gibson Larsen (WA) Buchanan Edwards Hastings (WA) Clay Gonzalez Larson (CT) not voting 8, as follows: Bucshon Ellmers Hensarling Cleaver Granger Latham [Roll No. 428] Buerkle Farenthold Herrera Beutler Clyburn Green, Al LaTourette Burgess Fincher Holden Coble Green, Gene Latta AYES—200 Burton (IN) Flake Huelskamp Cohen Griffin (AR) Lee (CA) Ackerman Baca Bass (CA) Calvert Fleischmann Huizenga (MI) Cole Grijalva Levin Altmire Baldwin Bass (NH) Camp Fleming Hultgren Conaway Grimm Lewis (CA) Andrews Barrow Becerra Campbell Flores Hunter

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.048 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4231 Hurt Miller (FL) Scalise Conaway Johnson (OH) Posey McKeon Reichert Stark Israel Miller (MI) Schilling Cooper Johnson, Sam Quayle McMorris Reyes Sutton Issa Miller, Gary Schmidt Cravaack Jones Reed Rodgers Ribble Thompson (CA) Jenkins Miller, George Schock Duffy Jordan Renacci McNerney Richmond Thompson (MS) Johnson (IL) Mulvaney Schweikert Duncan (SC) King (IA) Richardson Meehan Rigell Thompson (PA) Johnson (OH) Myrick Scott (SC) Duncan (TN) Kline Rogers (MI) Meeks Rivera Thornberry Johnson, Sam Neugebauer Scott, Austin Ellmers Lamborn Rooney Michaud Roby Tiberi Jones Noem Sensenbrenner Farenthold Landry Roskam Miller (MI) Roe (TN) Tierney Jordan Nugent Miller (NC) Rogers (AL) Sessions Flake Lankford Ross (FL) Tonko King (IA) Nunes Fleischmann Latta Miller, George Rogers (KY) Shimkus Royce Towns King (NY) Nunnelee Fleming Luetkemeyer Moore Rohrabacher Shuler Ryan (WI) Tsongas Kingston Olson Flores Luja´ n Moran Ros-Lehtinen Simpson Scalise Turner Kinzinger (IL) Owens Foxx Lummis Murphy (CT) Ross (AR) Upton Kline Palazzo Smith (NE) Franks (AZ) Mack Schilling Myrick Rothman (NJ) Smith (NJ) Schmidt Van Hollen Labrador Paul Gardner Manzullo Nadler Roybal-Allard Vela´ zquez Lamborn Paulsen Smith (TX) Schock Napolitano Runyan Gibbs Marchant Visclosky Lance Pearce Southerland Schrader Neal Ruppersberger Gibson Marino Walden Landry Pence Stearns Gingrey (GA) McClintock Schweikert Noem Rush Walz (MN) Lankford Peterson Stutzman Gohmert McHenry Scott (SC) Nunnelee Ryan (OH) Wasserman Latham Petri Sullivan Gonzalez McIntyre Scott, Austin Olver Sa´ nchez, Linda Schultz LaTourette Pingree (ME) Terry Goodlatte McKinley Sensenbrenner Palazzo T. Waters Latta Pitts Thompson (PA) Gosar Mica Sessions Pallone Sanchez, Loretta Watt Lewis (CA) Poe (TX) Thornberry Gowdy Miller (FL) Pascrell Sarbanes Shimkus Waxman Loebsack Pompeo Tiberi Graves (GA) Miller, Gary Pastor (AZ) Schakowsky Shuster Welch Long Posey Tipton Griffith (VA) Mulvaney Payne Schiff Simpson West Lucas Price (GA) Turner Guinta Murphy (PA) Southerland Pelosi Schwartz Luetkemeyer Whitfield Quayle Upton Harper Neugebauer Stearns Perlmutter Scott (VA) Lummis Reed Harris Peters Scott, David Wilson (FL) Walberg Nugent Stutzman Lungren, Daniel Rehberg Hartzler Nunes Peterson Serrano Wilson (SC) Walden Sullivan E. Reichert Heinrich Olson Pingree (ME) Sewell Wittman Walsh (IL) Terry Mack Renacci Hensarling Owens Platts Sherman Wolf Walz (MN) McCarthy (CA) Ribble Hinchey Paul Tipton Poe (TX) Shuler Womack Webster McCaul Rigell Hinojosa Paulsen Walberg Polis Sires Woolsey Westmoreland McClintock Roby Hochul Pearce Walsh (IL) Price (GA) Smith (NE) Wu Whitfield McCotter Roe (TN) Huizenga (MI) Pence Webster Price (NC) Smith (NJ) Yarmuth McHenry Rogers (AL) Wilson (SC) Hultgren Petri Westmoreland Quigley Smith (TX) Young (AK) McIntyre Rogers (KY) Wittman Hunter Pitts Woodall Rahall Smith (WA) Young (FL) McKeon Rogers (MI) Wolf Hurt Pompeo Yoder Rehberg Speier Young (IN) McKinley Rooney Womack NOT VOTING—8 McMorris Roskam Woodall NOES—285 Rodgers Ross (FL) Woolsey Eshoo Rangel Stivers Ackerman Critz Himes Meeks Royce Yoder Giffords Rokita Weiner Aderholt Mica Runyan Young (FL) Crowley Hirono Herger Slaughter Michaud Ryan (WI) Young (IN) Alexander Cuellar Holden Altmire Culberson Holt ANNOUNCEMENT BY THE ACTING CHAIR NOT VOTING—8 Andrews Cummings Honda Austria The Acting CHAIR (during the vote). Brady (TX) Rangel Stivers Davis (CA) Hoyer Baca Davis (IL) Huelskamp One minute remains in this vote. Eshoo Rokita Weiner Giffords Slaughter Bachus Davis (KY) Inslee Baldwin DeFazio Israel ANNOUNCEMENT BY THE ACTING CHAIR Barrow DeGette Issa b 1637 Bass (CA) DeLauro Jackson (IL) So the amendment was rejected. The Acting CHAIR (during the vote). Bass (NH) Denham Jackson Lee One minute remains in this vote. Becerra Dent (TX) The result of the vote was announced Berg DesJarlais Jenkins as above recorded. b 1634 Berkley Deutch Johnson (GA) AMENDMENT OFFERED BY MR. BROUN OF Berman Diaz-Balart Johnson (IL) So the amendment was rejected. Biggert Dicks Johnson, E. B. GEORGIA The result of the vote was announced Bilbray Dingell Kaptur The Acting CHAIR. The unfinished as above recorded. Bilirakis Doggett Keating business is the demand for a recorded Bishop (GA) Dold Kelly AMENDMENT OFFERED BY MR. GOSAR Bishop (NY) Donnelly (IN) Kildee vote on amendment A offered by the The Acting CHAIR. The unfinished Blumenauer Doyle Kind gentleman from Georgia (Mr. BROUN) business is the demand for a recorded Bonner Dreier King (NY) on which further proceedings were Bono Mack Edwards Kingston postponed and on which the noes pre- vote on amendment A offered by the Boustany Ellison Kinzinger (IL) gentleman from Arizona (Mr. GOSAR) Brady (PA) Emerson Kissell vailed by voice vote. on which further proceedings were Braley (IA) Engel Kucinich The Clerk will redesignate the postponed and on which the noes pre- Brown (FL) Farr Labrador amendment. Bucshon Fattah Lance vailed by voice vote. Butterfield Filner Langevin The Clerk redesignated the amend- The Clerk will redesignate the Camp Fincher Larsen (WA) ment. amendment. Cantor Fitzpatrick Larson (CT) RECORDED VOTE Capito Forbes Latham The Clerk redesignated the amend- Capps Fortenberry LaTourette The Acting CHAIR. A recorded vote ment. Capuano Frank (MA) Lee (CA) has been demanded. RECORDED VOTE Cardoza Frelinghuysen Levin A recorded vote was ordered. Carnahan Fudge Lewis (CA) The Acting CHAIR. A recorded vote Carney Gallegly Lewis (GA) The Acting CHAIR. This will be a 2- has been demanded. Carson (IN) Garamendi Lipinski minute vote. A recorded vote was ordered. Carter Garrett LoBiondo The vote was taken by electronic de- Cassidy Gerlach Loebsack vice, and there were—ayes 64, noes 360, The Acting CHAIR. This will be a 2- Castor (FL) Granger Lofgren, Zoe minute vote. Chandler Graves (MO) Long not voting 8, as follows: The vote was taken by electronic de- Chu Green, Al Lowey [Roll No. 430] vice, and there were—ayes 139, noes 285, Cicilline Green, Gene Lucas Clarke (MI) Griffin (AR) Lungren, Daniel AYES—64 not voting 8, as follows: Clarke (NY) Grijalva E. Amash Duncan (SC) Huelskamp [Roll No. 429] Clay Grimm Lynch Bachmann Duncan (TN) Hunter Cleaver Guthrie Maloney Bartlett Flake Hurt AYES—139 Clyburn Gutierrez Markey Black Fleming Johnson, Sam Adams Black Burgess Cohen Hall Matheson Blackburn Foxx Jordan Akin Blackburn Burton (IN) Cole Hanabusa Matsui Brady (TX) Franks (AZ) King (IA) Amash Boren Calvert Connolly (VA) Hanna McCarthy (CA) Brooks Garrett Lamborn Bachmann Boswell Campbell Conyers Hastings (FL) McCarthy (NY) Broun (GA) Goodlatte Long Barletta Brady (TX) Canseco Costa Hastings (WA) McCaul Burton (IN) Gowdy Mack Bartlett Brooks Chabot Costello Hayworth McCollum Campbell Graves (GA) Manzullo Barton (TX) Broun (GA) Chaffetz Courtney Heck McCotter Cantor Griffith (VA) Marchant Benishek Buchanan Coble Crawford Herrera Beutler McDermott Chabot Hensarling McClintock Bishop (UT) Buerkle Coffman (CO) Crenshaw Higgins McGovern Chaffetz Herger McHenry

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.032 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4232 CONGRESSIONAL RECORD — HOUSE June 15, 2011 Miller (FL) Rohrabacher Sessions Platts Sanchez, Loretta Tipton King (IA) Myrick Scott (SC) Miller, Gary Ross (FL) Southerland Polis Sarbanes Tonko Kline Neugebauer Scott, Austin Mulvaney Royce Stearns Posey Schakowsky Towns Labrador Paul Sensenbrenner Paul Ryan (WI) Stutzman Price (NC) Schiff Tsongas Lamborn Pearce Sessions Pence Scalise Walsh (IL) Quayle Schilling Turner Landry Pence Shimkus Petri Schweikert Wilson (SC) Quigley Schmidt Upton Lankford Petri Smith (NE) Poe (TX) Scott (SC) Woodall Rahall Schock Van Hollen Latta Pitts Southerland Pompeo Scott, Austin Reed Schrader Vela´ zquez Long Poe (TX) Stearns Price (GA) Sensenbrenner Rehberg Schwartz Visclosky Lummis Pompeo Stutzman Reichert Scott (VA) Walberg Lungren, Daniel Price (GA) Sullivan NOES—360 Renacci Scott, David Walden E. Quayle Terry Reyes Serrano Walz (MN) Mack Renacci Thornberry Ackerman Dent Kelly Ribble Sewell Wasserman Manzullo Ribble Walberg Adams DesJarlais Kildee Richardson Sherman Schultz Marchant Rohrabacher Walsh (IL) Aderholt Deutch Kind Richmond Shimkus McCarthy (CA) Rooney Webster Waters Akin Diaz-Balart King (NY) Rigell Shuler McClintock Roskam Westmoreland Watt Alexander Dicks Kingston Rivera Shuster McHenry Ross (FL) Wilson (SC) Waxman Altmire Dingell Kinzinger (IL) Roby Simpson Mica Royce Woodall Webster Andrews Doggett Kissell Roe (TN) Sires Miller (FL) Ryan (WI) Yoder Welch Austria Dold Kline Rogers (AL) Smith (NE) Miller, Gary Scalise Young (AK) Baca Donnelly (IN) Kucinich Rogers (KY) Smith (NJ) West Mulvaney Schweikert Young (IN) Bachus Doyle Labrador Rogers (MI) Smith (TX) Westmoreland Baldwin Dreier Lance Rooney Smith (WA) Whitfield NOES—306 Barletta Duffy Landry Ros-Lehtinen Speier Wilson (FL) Barrow Edwards Langevin Roskam Stark Wittman Ackerman DesJarlais Kind Barton (TX) Ellison Lankford Ross (AR) Sullivan Wolf Aderholt Deutch King (NY) Bass (CA) Ellmers Larsen (WA) Rothman (NJ) Sutton Womack Akin Diaz-Balart Kingston Bass (NH) Emerson Larson (CT) Roybal-Allard Terry Woolsey Alexander Dicks Kinzinger (IL) Becerra Engel Latham Runyan Thompson (CA) Wu Altmire Dingell Kissell Benishek Farenthold LaTourette Ruppersberger Thompson (MS) Yarmuth Andrews Doggett Kucinich Berg Farr Latta Rush Thompson (PA) Yoder Austria Dold Lance Berkley Fattah Lee (CA) Ryan (OH) Thornberry Young (AK) Baca Donnelly (IN) Langevin Berman Filner Levin Sa´ nchez, Linda Tiberi Young (FL) Bachus Doyle Larsen (WA) Biggert Fincher Lewis (CA) T. Tierney Young (IN) Baldwin Dreier Larson (CT) Bilbray Fitzpatrick Lewis (GA) Barletta Duffy Latham Bilirakis Fleischmann Lipinski NOT VOTING—8 Barrow Edwards LaTourette Bishop (GA) Flores LoBiondo Eshoo Rangel Stivers Bass (CA) Ellison Lee (CA) Bishop (NY) Forbes Loebsack Bass (NH) Emerson Levin Giffords Rokita Weiner Bishop (UT) Fortenberry Lofgren, Zoe McDermott Slaughter Becerra Engel Lewis (CA) Blumenauer Frank (MA) Lowey Berg Farenthold Lewis (GA) Bonner Frelinghuysen Lucas ANNOUNCEMENT BY THE ACTING CHAIR Berkley Farr Lipinski Bono Mack Fudge Luetkemeyer Berman Fattah LoBiondo Boren Gallegly Luja´ n The Acting CHAIR (during the vote). Biggert Filner Loebsack Boswell Garamendi Lummis There is 1 minute remaining. Bilbray Fitzpatrick Lofgren, Zoe Boustany Gardner Lungren, Daniel Bilirakis Forbes Lowey Brady (PA) Gerlach E. b 1641 Bishop (GA) Fortenberry Lucas Braley (IA) Gibbs Lynch Bishop (NY) Frank (MA) Luetkemeyer Brown (FL) Gibson Maloney So the amendment was rejected. Blumenauer Frelinghuysen Luja´ n Buchanan Gingrey (GA) Marino The result of the vote was announced Bonner Fudge Lynch Bucshon Gohmert Markey as above recorded. Bono Mack Gallegly Maloney Buerkle Gonzalez Matheson Boren Garamendi Marino Burgess Gosar Matsui AMENDMENT OFFERED BY MS. FOXX Boswell Gardner Markey Butterfield Granger McCarthy (CA) The Acting CHAIR. The unfinished Brady (PA) Gerlach Matheson Calvert Graves (MO) McCarthy (NY) business is the demand for a recorded Braley (IA) Gibson Matsui Camp Green, Al McCaul Brown (FL) Gohmert McCarthy (NY) Canseco Green, Gene McCollum vote on the amendment offered by the Buchanan Gonzalez McCaul Capito Griffin (AR) McCotter gentlewoman from North Carolina (Ms. Bucshon Gosar McCollum Capps Grijalva McGovern FOXX) on which further proceedings Butterfield Granger McCotter Capuano Grimm McIntyre were postponed and on which the noes Calvert Green, Al McDermott Cardoza Guinta McKeon Camp Green, Gene McGovern Carnahan Guthrie McKinley prevailed by voice vote. Capito Griffin (AR) McIntyre Carney Gutierrez McMorris The Clerk will redesignate the Capps Grijalva McKeon Carson (IN) Hall Rodgers amendment. Capuano Grimm McKinley Carter Hanabusa McNerney Cardoza Guinta McMorris Cassidy Hanna Meehan The Clerk redesignated the amend- Carnahan Guthrie Rodgers Castor (FL) Harper Meeks ment. Carney Gutierrez McNerney Chandler Harris Mica RECORDED VOTE Carson (IN) Hanabusa Meehan Chu Hartzler Michaud Cassidy Hanna Meeks Cicilline Hastings (FL) Miller (MI) The Acting CHAIR. A recorded vote Castor (FL) Harper Michaud Clarke (MI) Hastings (WA) Miller (NC) has been demanded. Chandler Hastings (FL) Miller (MI) Clarke (NY) Hayworth Miller, George A recorded vote was ordered. Chu Hastings (WA) Miller (NC) Clay Heck Moore Cicilline Hayworth Miller, George Cleaver Heinrich Moran The Acting CHAIR. This is a 2- Clarke (MI) Heck Moore Clyburn Herrera Beutler Murphy (CT) minute vote. Clarke (NY) Heinrich Moran Coble Higgins Murphy (PA) The vote was taken by electronic de- Clay Herrera Beutler Murphy (CT) Coffman (CO) Himes Myrick vice, and there were—ayes 119, noes 306, Cleaver Higgins Murphy (PA) Cohen Hinchey Nadler Clyburn Himes Nadler Cole Hinojosa Napolitano not voting 7, as follows: Coffman (CO) Hinchey Napolitano Conaway Hirono Neal [Roll No. 431] Cohen Hinojosa Neal Connolly (VA) Hochul Neugebauer Connolly (VA) Hirono Noem Conyers Holden Noem AYES—119 Conyers Hochul Nugent Cooper Holt Nugent Adams Carter Gingrey (GA) Cooper Holden Nunes Costa Honda Nunes Amash Chabot Goodlatte Costa Holt Nunnelee Costello Hoyer Nunnelee Bachmann Chaffetz Gowdy Costello Honda Olson Courtney Huizenga (MI) Olson Bartlett Coble Graves (GA) Courtney Hoyer Olver Cravaack Hultgren Olver Barton (TX) Cole Graves (MO) Cravaack Hultgren Owens Crawford Inslee Owens Benishek Conaway Griffith (VA) Crawford Inslee Palazzo Crenshaw Israel Palazzo Bishop (UT) Culberson Hall Crenshaw Israel Pallone Critz Issa Pallone Black Duncan (SC) Harris Critz Jackson (IL) Pascrell Crowley Jackson (IL) Pascrell Blackburn Duncan (TN) Hartzler Crowley Jackson Lee Pastor (AZ) Cuellar Jackson Lee Pastor (AZ) Boustany Ellmers Hensarling Cuellar (TX) Paulsen Culberson (TX) Paulsen Brady (TX) Fincher Herger Cummings Johnson (GA) Payne Cummings Jenkins Payne Brooks Flake Huelskamp Davis (CA) Johnson (IL) Pelosi Davis (CA) Johnson (GA) Pearce Broun (GA) Fleischmann Huizenga (MI) Davis (IL) Johnson (OH) Perlmutter Davis (IL) Johnson (IL) Pelosi Buerkle Fleming Hunter Davis (KY) Johnson, E. B. Peters Davis (KY) Johnson (OH) Perlmutter Burgess Flores Hurt DeFazio Jones Peterson DeFazio Johnson, E. B. Peters Burton (IN) Foxx Issa DeGette Kaptur Pingree (ME) DeGette Jones Peterson Campbell Franks (AZ) Jenkins DeLauro Keating Platts DeLauro Kaptur Pingree (ME) Canseco Garrett Johnson, Sam Denham Kelly Polis Denham Keating Pitts Cantor Gibbs Jordan Dent Kildee Posey

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.043 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4233 Price (NC) Schakowsky Tonko Pearce Ross (FL) Terry Rothman (NJ) Shuster Van Hollen Quigley Schiff Towns Pence Royce Visclosky Roybal-Allard Simpson Vela´ zquez Rahall Schilling Tsongas Petri Ryan (WI) Walberg Runyan Sires Walden Reed Schmidt Turner Price (GA) Scalise Walsh (IL) Ruppersberger Smith (NE) Walz (MN) Rehberg Schock Upton Quayle Schilling Webster Rush Smith (NJ) Wasserman Reichert Schrader Van Hollen Ribble Schweikert Woodall Ryan (OH) Smith (TX) Schultz ´ Reyes Schwartz Vela´ zquez Rigell Scott (SC) Young (AK) Sanchez, Linda Smith (WA) Waters Richardson Scott (VA) Visclosky Roe (TN) Sensenbrenner Young (FL) T. Southerland Watt Richmond Scott, David Sanchez, Loretta Speier Walden Rohrabacher Sessions Young (IN) Waxman Rigell Serrano Rooney Stearns Sarbanes Stark Walz (MN) Welch Rivera Sewell Roskam Stutzman Schakowsky Sullivan Wasserman Roby Sherman Schiff Sutton West Schultz Westmoreland Roe (TN) Shuler NOES—324 Schmidt Thompson (CA) Rogers (AL) Shuster Waters Schock Thompson (MS) Whitfield Rogers (KY) Simpson Watt Ackerman Doggett Lee (CA) Schrader Thompson (PA) Wilson (FL) Rogers (MI) Sires Waxman Adams Dold Levin Schwartz Thornberry Wilson (SC) Ros-Lehtinen Smith (NJ) Welch Aderholt Donnelly (IN) Lewis (CA) Scott (VA) Tiberi Wittman Ross (AR) Smith (TX) West Akin Doyle Lewis (GA) Scott, Austin Tierney Wolf Rothman (NJ) Smith (WA) Whitfield Alexander Dreier Lipinski Scott, David Tipton Womack Roybal-Allard Speier Wilson (FL) Altmire Edwards LoBiondo Serrano Tonko Woolsey Runyan Stark Wittman Andrews Ellison Loebsack Sewell Towns Wu Austria Emerson Lofgren, Zoe Ruppersberger Sutton Wolf Sherman Tsongas Yarmuth Baca Engel Lowey Rush Thompson (CA) Womack Shimkus Turner Yoder Bachus Farr Lucas Ryan (OH) Thompson (MS) Woolsey Shuler Upton Sa´ nchez, Linda Thompson (PA) Baldwin Fattah Luetkemeyer Wu Barletta Filner Luja´ n NOT VOTING—9 T. Tiberi Yarmuth Sanchez, Loretta Barrow Forbes Lynch Tierney Young (FL) Eshoo LaTourette Slaughter Sarbanes Tipton Bass (CA) Fortenberry Maloney Giffords Rangel Stivers Bass (NH) Frank (MA) Marino Herger Rokita Weiner NOT VOTING—7 Becerra Frelinghuysen Markey Eshoo Rokita Weiner Berg Fudge Matheson ANNOUNCEMENT BY THE ACTING CHAIR Giffords Slaughter Berkley Gallegly Matsui The Acting CHAIR (during the vote). Rangel Stivers Berman Garamendi McCarthy (CA) Biggert Gardner McCarthy (NY) There is 1 minute remaining. ANNOUNCEMENT BY THE ACTING CHAIR Bilirakis Gerlach McCaul Bishop (GA) Gibbs McCollum The Acting CHAIR (during the vote). Bishop (NY) Gibson McCotter b 1647 There is 1 minute remaining. Blumenauer Gonzalez McDermott So the amendment was rejected. Bonner Granger McGovern Bono Mack Graves (MO) McIntyre The result of the vote was announced b 1644 Boren Green, Al McKeon as above recorded. So the amendment was rejected. Boswell Griffin (AR) McKinley Stated for: Boustany Grijalva McMorris The result of the vote was announced Brady (PA) Grimm Rodgers Mr. HERGER. Mr. Chair, on rollcall No. 432, as above recorded. Braley (IA) Guinta McNerney I was unavoidably detained. Had I been Brown (FL) Guthrie Meehan AMENDMENT NO. 12 OFFERED BY MR. BROUN OF present, I would have voted ‘‘aye.’’ Bucshon Gutierrez Meeks GEORGIA Butterfield Hanabusa Mica AMENDMENT OFFERED BY MR. GOSAR The Acting CHAIR. The unfinished Calvert Hanna Michaud The Acting CHAIR. The unfinished business is the demand for a recorded Camp Harper Miller (MI) business is the demand for a recorded Canseco Hartzler Miller (NC) vote on the amendment offered by the Capito Hastings (FL) Miller, George vote on amendment B offered by the gentleman from Georgia (Mr. BROUN) Capps Hastings (WA) Moore gentleman from Arizona (Mr. GOSAR) on which further proceedings were Capuano Hayworth Moran on which further proceedings were postponed and on which the noes pre- Cardoza Heck Murphy (CT) postponed and on which the noes pre- Carnahan Heinrich Myrick vailed by voice vote. Carney Herrera Beutler Nadler vailed by voice vote. The Clerk will redesignate the Carson (IN) Higgins Napolitano The Clerk will redesignate the amendment. Carter Himes Neal amendment. Cassidy Hinchey Neugebauer The Clerk redesignated the amend- Castor (FL) Hinojosa Noem The Clerk redesignated the amend- ment. Chandler Hirono Nugent ment. RECORDED VOTE Chu Hochul Nunes RECORDED VOTE Cicilline Holden Nunnelee The Acting CHAIR. A recorded vote Clarke (MI) Holt Olson The Acting CHAIR. A recorded vote has been demanded. Clarke (NY) Honda Olver has been demanded. A recorded vote was ordered. Clay Hoyer Owens A recorded vote was ordered. Cleaver Huelskamp Palazzo The Acting CHAIR. This will be a 2- Clyburn Huizenga (MI) Pallone The Acting CHAIR. This is a 2- minute vote. Coble Hunter Pascrell minute vote. The vote was taken by electronic de- Cohen Inslee Paulsen The vote was taken by electronic de- vice, and there were—ayes 99, noes 324, Cole Israel Payne vice, and there were—ayes 124, noes 300, Conaway Issa Pelosi not voting 9, as follows: Connolly (VA) Jackson (IL) Perlmutter not voting 8, as follows: [Roll No. 432] Conyers Jackson Lee Peters [Roll No. 433] Cooper (TX) Peterson AYES—99 Costa Jenkins Pingree (ME) AYES—124 Amash Duncan (TN) Hultgren Costello Johnson (GA) Pitts Adams Conaway Griffin (AR) Bachmann Ellmers Hurt Courtney Johnson (IL) Platts Amash Cravaack Griffith (VA) Bartlett Farenthold Johnson (OH) Cravaack Johnson, E. B. Poe (TX) Bachmann Culberson Guinta Barton (TX) Fincher Johnson, Sam Crawford Jones Polis Bartlett Duncan (SC) Harper Benishek Fitzpatrick Jordan Crenshaw Kaptur Pompeo Barton (TX) Duncan (TN) Harris Bilbray Flake Lamborn Critz Keating Posey Benishek Ellmers Hartzler Bishop (UT) Fleischmann Landry Crowley Kelly Price (NC) Bilbray Farenthold Hastings (WA) Black Fleming Latta Cuellar Kildee Quigley Bilirakis Fincher Hensarling Blackburn Flores Long Culberson Kind Rahall Bishop (UT) Fitzpatrick Herger Brady (TX) Foxx Lummis Cummings King (IA) Reed Black Flake Huelskamp Brooks Franks (AZ) Lungren, Daniel Davis (CA) King (NY) Rehberg Blackburn Fleischmann Huizenga (MI) Broun (GA) Garrett E. Davis (IL) Kingston Reichert Brady (TX) Fleming Hultgren Buchanan Gingrey (GA) Mack Davis (KY) Kinzinger (IL) Renacci Brooks Flores Hurt Buerkle Gohmert Manzullo DeFazio Kissell Reyes Broun (GA) Foxx Issa Burgess Goodlatte Marchant DeGette Kline Richardson Buchanan Franks (AZ) Johnson (OH) Burton (IN) Gosar McClintock DeLauro Kucinich Richmond Buerkle Garrett Johnson, Sam Campbell Gowdy McHenry Denham Labrador Rivera Burgess Gibson Jordan Cantor Graves (GA) Miller (FL) Dent Lance Roby Burton (IN) Gingrey (GA) King (IA) Chabot Green, Gene Miller, Gary DesJarlais Langevin Rogers (AL) Campbell Gohmert Kline Chaffetz Griffith (VA) Mulvaney Deutch Lankford Rogers (KY) Canseco Goodlatte Labrador Coffman (CO) Hall Murphy (PA) Diaz-Balart Larsen (WA) Rogers (MI) Chabot Gosar Lamborn Duffy Harris Pastor (AZ) Dicks Larson (CT) Ros-Lehtinen Chaffetz Gowdy Landry Duncan (SC) Hensarling Paul Dingell Latham Ross (AR) Coffman (CO) Graves (GA) Lankford

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.036 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4234 CONGRESSIONAL RECORD — HOUSE June 15, 2011 Latta Pearce Scott (SC) Rogers (KY) Sherman Vela´ zquez Poe (TX) Ryan (WI) Stutzman Long Pence Scott, Austin Rohrabacher Shimkus Visclosky Pompeo Scalise Sullivan Luetkemeyer Petri Sensenbrenner Ros-Lehtinen Shuler Walz (MN) Posey Schmidt Walberg Lummis Pitts Sessions Ross (AR) Shuster Wasserman Price (GA) Schweikert Walsh (IL) Lungren, Daniel Pompeo Southerland Rothman (NJ) Simpson Schultz Quayle Scott (SC) Webster E. Posey Stearns Roybal-Allard Sires Waters Rohrabacher Scott, Austin Westmoreland Mack Price (GA) Stutzman Runyan Smith (NE) Watt Rooney Sensenbrenner Wilson (SC) Manzullo Quayle Sullivan Ruppersberger Smith (NJ) Waxman Roskam Sessions Woodall Rush Smith (TX) Marchant Reed Terry Welch Ross (FL) Southerland Yoder McCarthy (CA) Renacci Ryan (OH) Smith (WA) Royce Stearns Young (IN) Tipton West McClintock Rogers (MI) Sa´ nchez, Linda Speier Upton Whitfield McHenry Rooney T. Stark Walberg NOES—316 Mica Roskam Sanchez, Loretta Sutton Wilson (FL) Miller (FL) Ross (FL) Walden Sarbanes Thompson (CA) Wilson (SC) Ackerman Duffy Loebsack Miller, Gary Royce Walsh (IL) Schakowsky Thompson (MS) Wittman Adams Duncan (TN) Lofgren, Zoe Mulvaney Ryan (WI) Webster Schiff Thompson (PA) Wolf Aderholt Edwards Lowey Murphy (PA) Scalise Westmoreland Schilling Thornberry Womack Akin Ellison Lucas Neugebauer Schmidt Woodall Schock Tiberi Woolsey Alexander Ellmers Luetkemeyer ´ Paulsen Schweikert Yoder Schrader Tierney Wu Altmire Emerson Lujan Schwartz Tonko Yarmuth Andrews Engel Lummis NOES—300 Scott (VA) Towns Young (AK) Austria Farr Lungren, Daniel Baca Fattah E. Scott, David Tsongas Young (FL) Ackerman Diaz-Balart Latham Bachus Filner Lynch Serrano Turner Young (IN) Aderholt Dicks LaTourette Sewell Van Hollen Baldwin Fincher Maloney Akin Dingell Lee (CA) Barletta Fitzpatrick Marino Alexander Doggett Levin NOT VOTING—8 Barrow Forbes Markey Altmire Dold Lewis (CA) Eshoo Rangel Stivers Bass (CA) Fortenberry Matheson Andrews Donnelly (IN) Lewis (GA) Bass (NH) Frank (MA) Matsui Giffords Rokita Weiner Austria Doyle Lipinski Paul Slaughter Becerra Frelinghuysen McCarthy (NY) Baca Dreier LoBiondo Berg Fudge McCaul Bachus Duffy Loebsack ANNOUNCEMENT BY THE ACTING CHAIR Berkley Gallegly McCollum Baldwin Edwards Lofgren, Zoe Berman Garamendi McCotter Barletta Ellison Lowey The Acting CHAIR (during the vote). Biggert Gardner McDermott Barrow Emerson Lucas There is 1 minute remaining in this Bilirakis Gerlach McGovern Bass (CA) Engel Luja´ n vote. Bishop (GA) Gibbs McIntyre Bass (NH) Farr Lynch Bishop (NY) Gibson McKeon Becerra Fattah Maloney Blumenauer Gonzalez McKinley Berg Filner Marino b 1651 Bonner Granger McMorris Berkley Forbes Markey So the amendment was rejected. Boren Graves (MO) Rodgers Berman Fortenberry Matheson Boswell Green, Al McNerney Biggert Frank (MA) Matsui The result of the vote was announced Boustany Green, Gene Meehan Bishop (GA) Frelinghuysen McCarthy (NY) as above recorded. Brady (PA) Grijalva Meeks Bishop (NY) Fudge McCaul Braley (IA) Grimm Michaud AMENDMENT OFFERED BY MR. BROUN OF Blumenauer Gallegly McCollum Brown (FL) Guthrie Miller (MI) Bonner Garamendi McCotter GEORGIA Buchanan Gutierrez Miller (NC) Bono Mack Gardner McDermott The Acting CHAIR. The unfinished Bucshon Hanabusa Miller, George Boren Gerlach McGovern business is the demand for a recorded Butterfield Hanna Moore Boswell Gibbs McIntyre Calvert Harper Moran Boustany Gonzalez McKeon vote on amendment B offered by the Camp Hartzler Murphy (CT) Brady (PA) Granger McKinley gentleman from Georgia (Mr. BROUN) Capito Hastings (FL) Myrick Braley (IA) Graves (MO) McMorris on which further proceedings were Capps Hastings (WA) Nadler Brown (FL) Green, Al Rodgers postponed and on which the noes pre- Capuano Hayworth Napolitano Bucshon Green, Gene McNerney Cardoza Heck Neal Butterfield Grijalva Meehan vailed by voice vote. Carnahan Heinrich Noem Calvert Grimm Meeks The Clerk will redesignate the Carney Herrera Beutler Nunnelee Camp Guthrie Michaud amendment. Carson (IN) Higgins Olson Cantor Gutierrez Miller (MI) Carter Himes Olver Capito Hall Miller (NC) The Clerk redesignated the amend- Cassidy Hinchey Owens Capps Hanabusa Miller, George ment. Castor (FL) Hinojosa Palazzo Capuano Hanna Moore RECORDED VOTE Chandler Hirono Pallone Cardoza Hastings (FL) Moran Chu Hochul Pascrell Carnahan Hayworth Murphy (CT) The Acting CHAIR. A recorded vote Cicilline Holden Pastor (AZ) Carney Heck Myrick has been demanded. Clarke (MI) Holt Paulsen Carson (IN) Heinrich Nadler A recorded vote was ordered. Clarke (NY) Honda Payne Carter Herrera Beutler Napolitano Clay Hoyer Pelosi Cassidy Higgins Neal The Acting CHAIR. This will be a 2- Cleaver Huelskamp Perlmutter Castor (FL) Himes Noem minute vote. Clyburn Hunter Peters Chandler Hinchey Nugent The vote was taken by electronic de- Coble Inslee Peterson Chu Hinojosa Nunes vice, and there were—ayes 108, noes 316, Cohen Israel Pingree (ME) Cicilline Hirono Nunnelee Cole Jackson (IL) Pitts Clarke (MI) Hochul Olson not voting 8, as follows: Connolly (VA) Jackson Lee Platts Clarke (NY) Holden Olver [Roll No. 434] Conyers (TX) Polis Clay Holt Owens Cooper Jenkins Price (NC) Cleaver Honda Palazzo AYES—108 Costa Johnson (GA) Quigley Clyburn Hoyer Pallone Amash Farenthold Johnson, Sam Costello Johnson (IL) Rahall Coble Hunter Pascrell Bachmann Flake Jordan Courtney Johnson, E. B. Reed Cohen Inslee Pastor (AZ) Bartlett Fleischmann Kline Crawford Jones Rehberg Cole Israel Payne Barton (TX) Fleming Labrador Crenshaw Kaptur Reichert Connolly (VA) Jackson (IL) Pelosi Benishek Flores Lamborn Critz Keating Renacci Conyers Jackson Lee Perlmutter Bilbray Foxx Landry Crowley Kelly Reyes Cooper (TX) Peters Bishop (UT) Franks (AZ) Lankford Cuellar Kildee Ribble Costa Jenkins Peterson Black Garrett Latta Cummings Kind Richardson Costello Johnson (GA) Pingree (ME) Blackburn Gingrey (GA) Long Davis (CA) King (IA) Richmond Courtney Johnson (IL) Platts Bono Mack Gohmert Mack Davis (IL) King (NY) Rigell Crawford Johnson, E. B. Poe (TX) Brady (TX) Goodlatte Manzullo Davis (KY) Kingston Rivera Crenshaw Jones Polis Brooks Gosar Marchant DeFazio Kinzinger (IL) Roby Critz Kaptur Price (NC) Broun (GA) Gowdy McCarthy (CA) DeGette Kissell Roe (TN) Crowley Keating Quigley Buerkle Graves (GA) McClintock DeLauro Kucinich Rogers (AL) Cuellar Kelly Rahall Burgess Griffin (AR) McHenry Denham Lance Rogers (KY) Cummings Kildee Rehberg Burton (IN) Griffith (VA) Mica Dent Langevin Rogers (MI) Davis (CA) Kind Reichert Campbell Guinta Miller (FL) DesJarlais Larsen (WA) Ros-Lehtinen Davis (IL) King (NY) Reyes Canseco Hall Miller, Gary Deutch Larson (CT) Ross (AR) Davis (KY) Kingston Ribble Cantor Harris Mulvaney Diaz-Balart Latham Rothman (NJ) DeFazio Kinzinger (IL) Richardson Chabot Hensarling Murphy (PA) Dicks LaTourette Roybal-Allard DeGette Kissell Richmond Chaffetz Herger Neugebauer Dingell Lee (CA) Runyan DeLauro Kucinich Rigell Coffman (CO) Huizenga (MI) Nugent Doggett Levin Ruppersberger Denham Lance Rivera Conaway Hultgren Nunes Dold Lewis (CA) Rush Dent Langevin Roby Cravaack Hurt Pearce Donnelly (IN) Lewis (GA) Ryan (OH) DesJarlais Larsen (WA) Roe (TN) Culberson Issa Pence Doyle Lipinski Sa´ nchez, Linda Deutch Larson (CT) Rogers (AL) Duncan (SC) Johnson (OH) Petri Dreier LoBiondo T.

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.034 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4235 Sanchez, Loretta Smith (TX) Visclosky Price (GA) Scalise Terry Sherman Thompson (PA) Waters Sarbanes Smith (WA) Walden Quayle Schmidt Walberg Shimkus Thornberry Watt Schakowsky Speier Walz (MN) Ribble Schweikert Walden Shuler Tiberi Waxman Schiff Stark Wasserman Rigell Scott (SC) Walsh (IL) Shuster Tierney Welch Schilling Sutton Schultz Rohrabacher Scott, Austin Webster Simpson Tipton West Schock Terry Waters Rooney Sensenbrenner Westmoreland Sires Tonko Whitfield Schrader Thompson (CA) Watt Roskam Sessions Wilson (SC) Smith (NE) Towns Wilson (FL) Schwartz Thompson (MS) Waxman Ross (FL) Southerland Woodall Smith (NJ) Tsongas Wittman Scott (VA) Thompson (PA) Welch Smith (TX) Turner Royce Stearns Young (FL) Wolf Scott, David Thornberry West Ryan (WI) Stutzman Young (IN) Smith (WA) Upton Womack Serrano Tiberi Whitfield Speier Van Hollen Woolsey Sewell Tierney Wilson (FL) NOES—303 Stark Vela´ zquez Sherman Tipton Wittman Sullivan Visclosky Wu Shimkus Tonko Wolf Ackerman Farr Maloney Sutton Walz (MN) Yarmuth Shuler Towns Womack Aderholt Fattah Marino Thompson (CA) Wasserman Yoder Shuster Tsongas Woolsey Akin Filner Markey Thompson (MS) Schultz Young (AK) Simpson Turner Wu Alexander Fincher Matheson Sires Upton Yarmuth Altmire Fitzpatrick Matsui NOT VOTING—9 Smith (NE) Van Hollen Young (AK) Andrews Forbes McCarthy (NY) Ellison Paul Slaughter Smith (NJ) Vela´ zquez Young (FL) Austria Fortenberry McCaul Eshoo Rangel Stivers Baca Frank (MA) McCollum Giffords Rokita Weiner NOT VOTING—8 Bachus Frelinghuysen McCotter Eshoo Rangel Stivers Baldwin Fudge McDermott ANNOUNCEMENT BY THE ACTING CHAIR Barletta Gallegly McGovern Giffords Rokita Weiner The Acting CHAIR (during the vote). Paul Slaughter Barrow Garamendi McIntyre Bass (CA) Gardner McKeon There is 1 minute remaining in this ANNOUNCEMENT BY THE ACTING CHAIR Bass (NH) Gerlach McKinley vote. Becerra Gibbs McMorris The Acting CHAIR (during the vote). Berg Gibson Rodgers There is less than 1 minute remaining Berkley Gonzalez McNerney b 1659 in this vote. Berman Granger Meehan Biggert Green, Al Meeks So the amendment was rejected. Bilirakis Green, Gene Michaud The result of the vote was announced b 1655 Bishop (GA) Griffin (AR) Miller (MI) as above recorded. So the amendment was rejected. Bishop (NY) Grijalva Miller (NC) Blumenauer Grimm Miller, George AMENDMENT OFFERED BY MR. STEARNS The result of the vote was announced Bonner Guthrie Moore The Acting CHAIR. The unfinished as above recorded. Boren Gutierrez Moran business is the demand for a recorded Boswell Hanabusa Murphy (CT) AMENDMENT NO. 6 OFFERED BY MR. BROUN OF Brady (PA) Hanna Nadler vote on the amendment offered by the GEORGIA Braley (IA) Hartzler Napolitano gentleman from Florida (Mr. STEARNS) The Acting CHAIR. The unfinished Brown (FL) Hastings (FL) Neal on which further proceedings were business is the demand for a recorded Buchanan Hayworth Noem postponed and on which the noes pre- Bucshon Heck Nunnelee vote on the amendment offered by the Burgess Heinrich Olson vailed by voice vote. gentleman from Georgia (Mr. BROUN) Butterfield Herrera Beutler Olver The Clerk will redesignate the on which further proceedings were Calvert Higgins Owens amendment. postponed and on which the noes pre- Camp Himes Palazzo Capito Hinchey Pallone The Clerk redesignated the amend- vailed by voice vote. Capps Hinojosa Pascrell ment. The Clerk will redesignate the Capuano Hirono Pastor (AZ) RECORDED VOTE amendment. Cardoza Hochul Paulsen Carnahan Holden Payne The Acting CHAIR. A recorded vote The Clerk redesignated the amend- Carney Holt Pearce has been demanded. ment. Carson (IN) Honda Pelosi A recorded vote was ordered. RECORDED VOTE Carter Hoyer Perlmutter Castor (FL) Huelskamp Peters The Acting CHAIR. This will be a 2- The Acting CHAIR. A recorded vote Chandler Inslee Peterson minute vote. has been demanded. Chu Israel Pingree (ME) The vote was taken by electronic de- A recorded vote was ordered. Cicilline Jackson (IL) Platts vice, and there were—ayes 164, noes 257, Clarke (MI) Jackson Lee Polis The Acting CHAIR. This will be a 2- Clarke (NY) (TX) Posey not voting 11, as follows: minute vote. Clay Jenkins Price (NC) [Roll No. 436] Cleaver Johnson (GA) Quigley The vote was taken by electronic de- AYES—164 vice, and there were—ayes 120, noes 303, Clyburn Johnson (IL) Rahall Cohen Johnson, E. B. Reed Adams Davis (KY) Hensarling not voting 9, as follows: Cole Jones Rehberg Aderholt Denham Herger [Roll No. 435] Connolly (VA) Kaptur Reichert Amash DesJarlais Huelskamp Conyers Keating Renacci Austria Duffy Huizenga (MI) AYES—120 Cooper Kelly Reyes Bachmann Duncan (SC) Hultgren Adams Duncan (TN) Johnson (OH) Costa Kildee Richardson Barletta Duncan (TN) Hunter Amash Ellmers Johnson, Sam Costello Kind Richmond Bartlett Ellmers Hurt Bachmann Farenthold Jordan Courtney King (IA) Rivera Barton (TX) Farenthold Issa Bartlett Flake Kline Crawford King (NY) Roby Benishek Fincher Jenkins Barton (TX) Fleischmann Labrador Crenshaw Kingston Roe (TN) Black Flake Johnson (OH) Benishek Fleming Lamborn Critz Kinzinger (IL) Rogers (AL) Blackburn Fleischmann Johnson, Sam Bilbray Flores Landry Crowley Kissell Rogers (KY) Boustany Flores Jones Bishop (UT) Foxx Latta Cuellar Kucinich Rogers (MI) Brady (TX) Forbes Jordan Black Franks (AZ) Long Cummings Lance Ros-Lehtinen Brooks Foxx Kelly Blackburn Garrett Lummis Davis (CA) Langevin Ross (AR) Broun (GA) Gallegly King (IA) Bono Mack Gingrey (GA) Mack Davis (IL) Lankford Rothman (NJ) Buchanan Gardner Kinzinger (IL) Boustany Gohmert Manzullo Davis (KY) Larsen (WA) Roybal-Allard Bucshon Garrett Kline Brady (TX) Goodlatte Marchant DeFazio Larson (CT) Runyan Buerkle Gibbs Labrador Brooks Gosar McCarthy (CA) DeGette Latham Ruppersberger Burgess Gingrey (GA) Lamborn Broun (GA) Gowdy McClintock DeLauro LaTourette Rush Calvert Gohmert Landry Buerkle Graves (GA) McHenry Denham Lee (CA) Ryan (OH) Camp Goodlatte Latta Burton (IN) Graves (MO) Mica Dent Levin Sa´ nchez, Linda Campbell Gosar Lewis (CA) Campbell Griffith (VA) Miller (FL) DesJarlais Lewis (CA) T. Canseco Gowdy Long Canseco Guinta Miller, Gary Deutch Lewis (GA) Sanchez, Loretta Capito Granger Lucas Cantor Hall Mulvaney Diaz-Balart Lipinski Sarbanes Carter Graves (GA) Luetkemeyer Cassidy Harper Murphy (PA) Dicks LoBiondo Schakowsky Cassidy Graves (MO) Lummis Chabot Harris Myrick Dingell Loebsack Schiff Chabot Green, Gene Lungren, Daniel Chaffetz Hastings (WA) Neugebauer Doggett Lofgren, Zoe Schilling Chaffetz Griffin (AR) E. Coble Hensarling Nugent Dold Lowey Schock Coble Griffith (VA) Mack Coffman (CO) Herger Nunes Donnelly (IN) Lucas Schrader Coffman (CO) Grimm Manzullo Conaway Huizenga (MI) Pence Doyle Luetkemeyer Schwartz Cole Guinta McCarthy (CA) Cravaack Hultgren Petri Dreier Luja´ n Scott (VA) Conaway Guthrie McClintock Culberson Hunter Pitts Edwards Lungren, Daniel Scott, David Crawford Hall McHenry Duffy Hurt Poe (TX) Emerson E. Serrano Crenshaw Harris McKinley Duncan (SC) Issa Pompeo Engel Lynch Sewell Culberson Hartzler Mica

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.039 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4236 CONGRESSIONAL RECORD — HOUSE June 15, 2011 Miller (FL) Rahall Smith (NE) Stark Tsongas Watt ter is still, quote, under consideration. Miller (MI) Renacci Smith (TX) Sutton Turner Waxman Miller, Gary Ribble Southerland Terry Van Hollen Welch This response is unacceptable and Mulvaney Rigell Stearns Thompson (CA) Vela´ zquez West makes us wonder why the FDA refuses Murphy (PA) Roe (TN) Stutzman Thompson (MS) Visclosky Wilson (FL) to discuss the scientific basis for its Neugebauer Rogers (KY) Sullivan Thompson (PA) Walden Wolf conclusions. Nugent Rogers (MI) Thornberry Tiberi Walz (MN) Woolsey Nunnelee Rohrabacher Tipton Tierney Wasserman Wu We pledge that the Energy and Com- Olson Rooney Upton Tonko Schultz Yarmuth merce Committee will explore whether Palazzo Roskam Walberg Towns Waters Young (FL) there are steps that Congress should Pastor (AZ) Ross (FL) Walsh (IL) Pearce Royce Webster NOT VOTING—11 take to prevent the FDA from pursuing Pence Ryan (WI) Westmoreland Burton (IN) Paul Stivers regulatory actions that are not based Petri Scalise Whitfield Eshoo Rangel Weiner on sound scientific analysis and fact. Pitts Schmidt Wilson (SC) Giffords Rokita Young (IN) Those at the FDA should know that Poe (TX) Schweikert Wittman Keating Slaughter Pompeo Scott (SC) Womack many in Congress are watching and Posey Scott, Austin Woodall ANNOUNCEMENT BY THE ACTING CHAIR carefully studying whether the FDA’s Price (GA) Sensenbrenner Yoder The Acting CHAIR (during the vote). actions are justified. Quayle Sessions Young (AK) There is 1 minute remaining in this With that, I yield back the balance of NOES—257 vote. my time. Ackerman Farr McCotter b 1702 Mr. REHBERG. Madam Chair, I move Akin Fattah McDermott Mr. JONES changed his vote from to strike the last word. Alexander Filner McGovern The Acting CHAIR. The gentleman Altmire Fitzpatrick McIntyre ‘‘no’’ to ‘‘aye.’’ Andrews Fleming McKeon So the amendment was rejected. from Montana is recognized for 5 min- Baca Fortenberry McMorris The result of the vote was announced utes. Bachus Frank (MA) Rodgers as above recorded. Mr. REHBERG. I rise to speak briefly Baldwin Franks (AZ) McNerney Barrow Frelinghuysen Meehan PERSONAL EXPLANATION about the language that is about to be Bass (CA) Fudge Meeks Ms. SLAUGHTER. Mr. Chair, I was unavoid- stricken from this bill, which has come Bass (NH) Garamendi Michaud ably detained and missed rollcall vote Nos. to be called the ‘‘hard science amend- Becerra Gerlach Miller (NC) ment.’’ I offered this language in com- Berg Gibson Miller, George 420, 421, 422, 423, 424, 425, 426, 427, 428, Berkley Gonzalez Moore 429, 430, 431, 432, 433, 434, 435, and 436. mittee on behalf of ranchers in Mon- Berman Green, Al Moran Had I been present, I would have voted ‘‘aye’’ tana. They sat across the table from Biggert Grijalva Murphy (CT) on rollcall vote Nos. 420, 422, 426, and 428. me and shared the significant concerns Bilbray Gutierrez Myrick they have over the lack of a scientific Bilirakis Hanabusa Nadler I would have voted ‘‘no’’ on rollcall vote Nos. Bishop (GA) Hanna Napolitano 421, 423, 424, 425, 427, 429, 430, 431, 432, basis being used by the FDA in devel- Bishop (NY) Harper Neal 433, 434, 435, and 436. Mr. Speaker, I ask oping rules and regulations affecting Bishop (UT) Hastings (FL) Noem their ranches and the livestock indus- Blumenauer Hastings (WA) Nunes unanimous consent that my statement appear try. For me, this isn’t faceless regula- Bonner Hayworth Olver in the permanent RECORD immediately fol- Bono Mack Heck Owens lowing this vote. tion. The consequences of these regula- Boren Heinrich Pallone tions have faces. They wear cowboy Boswell Herrera Beutler Pascrell Mr. LANCE. Madam Chairman, I Brady (PA) Higgins Paulsen move to strike the last word. boots. Braley (IA) Himes Payne The Acting CHAIR (Mrs. MYRICK). Agriculture is the number one indus- Brown (FL) Hinchey Pelosi The gentleman from New Jersey is rec- try in Montana. The State raises 2.6 Butterfield Hinojosa Perlmutter million cows and calves annually, Cantor Hirono Peters ognized for 5 minutes. Capps Hochul Peterson Mr. LANCE. The language of section 180,000 hogs and pigs, 230,000 sheep, and Capuano Holden Pingree (ME) 740 is within the jurisdiction of the En- I know of at least 600 goats. The cattle Cardoza Holt Platts industry alone is responsible for $1.4 Carnahan Honda Polis ergy and Commerce Committee, on Carney Hoyer Price (NC) which I serve, and our committee is the billion in sales every year. Carson (IN) Inslee Quigley appropriate forum for considering such Ranchers in Montana and across the Castor (FL) Israel Reed language. Having said that, the House United States have a strong incentive Chandler Jackson (IL) Rehberg Chu Jackson Lee Reichert should know—and the Food and Drug to preserve a healthy food supply for Cicilline (TX) Reyes Administration should know—that we the American public, and that means Clarke (MI) Johnson (GA) Richardson agree with the spirit of the language making sure their animals are healthy. Clarke (NY) Johnson (IL) Richmond The use of antibiotics in livestock sig- Clay Johnson, E. B. Rivera and the goal of the members of the Ap- Cleaver Kaptur Roby propriations Committee, who sup- nificantly improves the health of ani- Clyburn Kildee Rogers (AL) ported its inclusion in the bill. mals, which in turn lowers the risk of Cohen Kind Ros-Lehtinen After speaking with the sponsors of food borne illnesses which may show up Connolly (VA) King (NY) Ross (AR) Conyers Kingston Rothman (NJ) the language, we know that together later in the process. Cooper Kissell Roybal-Allard we share a concern about what is hap- FDA has refused to release risk as- Costa Kucinich Runyan pening at the FDA. We believe that sessments on the impacts antibiotics Costello Lance Ruppersberger may have on humans who consume Courtney Langevin Rush policy decisions at the FDA should be Cravaack Lankford Ryan (OH) based on science and not on any irrele- these meats. And while they have not Critz Larsen (WA) Sa´ nchez, Linda vant consideration. released any credible evidence to sup- Crowley Larson (CT) T. As much as officials at the FDA port their efforts, FDA bureaucrats are Cuellar Latham Sanchez, Loretta Cummings LaTourette Sarbanes claim that their decisions are based on still pushing ranchers to remove these Davis (CA) Lee (CA) Schakowsky sound science, their recent actions give valuable antibiotics from livestock Davis (IL) Levin Schiff us pause. For example, 2 months ago, production. This is of grave concern to DeFazio Lewis (GA) Schilling Montana ranchers, and I will keep DeGette Lipinski Schock Chairman UPTON, along with Chairman DeLauro LoBiondo Schrader LUCAS and Chairman GRAVES, sent a fighting alongside Montana producers Dent Loebsack Schwartz letter to the FDA regarding the poten- to get this problem addressed. In fact, Deutch Lofgren, Zoe Scott (VA) tial ban of antimicrobial animal drugs I would like to submit letters from Diaz-Balart Lowey Scott, David Dicks Luja´ n Serrano and the lack of scientific support for those organizations into the RECORD. Dingell Lynch Sewell that action. This potential ban has I hope to work with my colleagues on Doggett Maloney Sherman caused significant worry among our the Appropriations Committee as well Dold Marchant Shimkus Donnelly (IN) Marino Shuler Nation’s producers, veterinarians, and as the Energy and Commerce Com- Doyle Markey Shuster consumers. The chairmen finally re- mittee to work with FDA in order to Dreier Matheson Simpson ceived a response from the FDA last ensure that they examine the facts be- Edwards Matsui Sires Friday, and the FDA refused to answer fore moving forward with regulations Ellison McCarthy (NY) Smith (NJ) Emerson McCaul Smith (WA) the questions about the scientific basis that will significantly impact Mon- Engel McCollum Speier of their action, claiming that the mat- tana’s number one industry.

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NATIONAL CATTLEMEN’S Antibiotics have been used to treat, con- standing and effective industry practices BEEF ASSOCIATION, trol, and prevent disease or promote growth with regard to antibiotic use without a sci- Washington, DC, June 14, 2011. in animals for more than 50 years. Existing entific and risk based approach, putting ani- Hon. DENNY REHBERG, FDA regulations ensure adequate safeguards mal health and well-being and pork pro- House of Representatives, Rayburn House Office against antibiotic resistance, and all of the ducers’ livelihoods at risk without any prov- Building, Washington, DC. animal drugs the pork industry can utilize en benefit to human health. DEAR REPRESENTATIVE REHBERG: On behalf today have undergone rigorous FDA review We urge you to take up this issue and com- of the membership of the National Cattle- to ensure their safety for livestock, humans, municate our concerns to FDA. Our industry men’s Beef Association (NCBA), I want to and the environment. Any regulatory deci- works daily to produce safe and wholesome thank you for your amendment during the sions or legislative action on antibiotic use pork products for the American consumer, House Appropriations Committee markup of in animals must be transparent and made and we do so using scientifically proven the Fiscal Year 2012 Agriculture Appropria- based on sound science and scientific risk techniques and innovative technologies. tions Bill which would require the Food and analysis. Recently, some in Congress and the Overly expansive regulation of antibiotics Drug Administration (FDA) to use hard FDA have attempted to dismantle long- based on an unproven scientific theory pro- science in its regulatory actions. For years standing and effective industry practices moted by certain advocacy groups not only now, the beef industry has seen many rules, with regard to antibiotic use without a sci- will undo long-standing, effective production regulations, and guidances that have been entific and risk based approach, putting ani- practices but will jeopardize the collabo- based on personal agendas and political mal health and well-being and pork pro- rative relationship the pork industry has science rather than hard facts and data. As ducers’ livelihoods at risk without any prov- with FDA. such, NCBA supports your amendment and en benefit to human health. NPPC appreciates your support of the U.S. will work to keep it in the underlying bill. As our Representative, we ask that you pork industry and we thank you for cham- The FDA has a huge impact on America’s continue to fight for our industry and voice pioning this cause in the FY12 Appropria- cattle producers. From drug approvals and our concerns to FDA. We work daily to regulation, to feed and some foods safety ac- tions Bill for Agriculture, Rural Develop- produce safe and wholesome pork products ment, Food and Drug Administration, and tivities, our industry finds itself dealing for the American consumer, and we do so more and more with FDA. We believe that Related Agencies, and we look forward to using scientifically proven techniques and working with you on this important issue. FDA has a role to help our industry and to innovative technologies. Overly expansive help keep our consumers safe, but we have Sincerely, regulation of antibiotics based on an DOUG WOLF, seen repeated attempts to strip cattle pro- unproven scientific theory promoted by cer- ducers of the use of fully tested and approved President. tain advocacy groups not only will undo drugs and technologies. The attack on ranch- I yield back the balance of my time. long-standing, effective production practices ers’ use of antibiotics to prevent and treat but will jeopardize the collaborative rela- Mr. BISHOP of Georgia. I move to disease in cattle is one of many instances. strike the last word. It is time that Congress exercised its right tionship the pork industry has with FDA. MPPC appreciates your support of the U.S. The Acting CHAIR. The gentleman is to perform regulatory oversight of Federal pork industry and we thank you for cham- recognized for 5 minutes. agencies, and your amendment will go far in pioning this cause in the FY12 Appropria- calling attention to the concerns we have Mr. BISHOP of Georgia. Madam tions Bill for Agriculture, Rural Develop- with FDA. It is our hope that FDA will heed Chair, I would like to express my ment, Food and Drug Administration, and this message and return to using risk assess- thanks to the chairman of the Energy Related Agencies. Please let us know if there ments, facts, and widely accepted peer re- and Commerce Committee and to the is anything we can do to move this issue for- viewed data in its regulatory decisions, rath- gentleman from New Jersey for his er than allowing activist groups and some ward. Sincerely, comments in behalf of the committee administration officials to drive their per- of their willingness to help find a solu- sonal and skewed views of science, food pro- ANNE L. MILLER, duction, and regulation. Executive Director. tion to the issue that serves as the Thank you for your efforts and we look basis for this point of order, these regu- forward to helping you work to maintain NATIONAL PORK lations. this language in the bill. PRODUCERS COUNCIL, We have cotton, peanuts and pecans Washington, DC, June 2, 2011. Sincerely, in my district, and we also have poul- Hon. DENNY REHBERG, BILL DONALD, try. We have pork, and we have cattle President. House of Representatives, Rayburn House Office Building, Washington, DC. 20515 operations. The decisions of the FDA EAR EPRESENTATIVE EHBERG MONTANA PORK, D R R : On behalf have an enormous impact on the farm- PRODUCERS COUNCIL, of America’s 67,000 pork producers, I write in ers in my district at many levels. Many Jordan, MT, June 14, 2011. support of your amendment to the FY12 Ap- of the producers in my district are wor- propriations Bill for Agriculture, Rural De- Hon. DENNY REHBERG, ried about some of the conclusions that House of Representatives, Rayburn House Office velopment, Food and Drug Administration, and Related Agencies, which urges the Com- FDA seems to have reached regarding Building, Washington, DC. antibiotics. They’re worried about DEAR REPRESENTATIVE REHBERG: Mon- missioner of the Food and Drug Administra- tana’s pork industry, including over 48 tion (FDA) to give the greatest weight to what will come next. They conduct Hutterite colonies engaged in a wide range of readily available hard science data in mak- themselves every day with the best in- agricultural operations, strongly support of ing critical policy decisions. The National terests of their animals in mind. A your amendment to the FY12 Appropriations Pork Producers Council (NPPC) thanks you healthy animal means healthy food for Bill for Agriculture, Rural Development, for your focus on the need to allow science to consumers. Food and Drug Administration, and Related dictate this nation’s policy decisions on anti- If there is scientific evidence that Agencies, which urges the Commissioner of biotic use in pork production. As you know, America’s pork producers shows that current practices are not in the Food and Drug Administration (FDA) to the interest of public health, my farm- give the greatest weight to readily available are strongly committed to providing for the hard science data in making critical policy well-being of their animals and to raising ers, of course, will change their prac- decisions. The Montana Pork Producers them in a humane and compassionate man- tices, but there should and there must Council needs to science to come first in a ner. We depend on safe and effective animal be clear evidence. Not unnecessary reg- wide range of jurisdiction involving food sup- health products to maintain animal health, ulation. Certainly with the job situa- ply, especially when such determinations prevent animal suffering, and ensure that tion today and the state of our econ- have the potential to affect Montana’s agri- consumers have access to safe and whole- omy, the FDA must be very careful, cultural communities. some pork products. Montana’s growing isowean market is tes- Antibiotics have been used to treat, con- very precise, and very certain that any tament to the care provided to pigs here, in trol, and prevent disease or promote growth regulatory action they take is sup- this case from birth to weaning, and their in animals for more than 50 years. Existing ported by scientific evidence. I very disease-free status. We currently have 3 large FDA regulations ensure adequate safeguards much welcome the involvement of the barns supplying pigs throughout the Mid- against antibiotic resistance, and all of the authorizing committee to help find a west. The state’s isolation plays a distinct animal drugs the pork industry can utilize solution to this issue. role in this, but so does a responsible health today have undergone rigorous FDA review With that, I yield back the balance of program. Each year our producers have met to ensure their safety for livestock, humans, with your staff to discuss issues affecting the and the environment. Any regulatory deci- my time. care and well-being of their pigs, their com- sions or legislative action on antibiotic use b 1710 munities and their consumers. We strongly in animals must be transparent and made feel your commitment to these concerns is based on sound science and scientific risk The Acting CHAIR. The Clerk will expressed in your amendment to the FY12 analysis. Recently, some in Congress and the read. Appropriations Bill. FDA have attempted to dismantle long- The Clerk read as follows:

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.054 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4238 CONGRESSIONAL RECORD — HOUSE June 15, 2011 SEC. 740. None of the funds made available the science is there to back up their ef- Nearly half of the babies born in the by this Act may be used by the Food and forts. Therefore, I also would hope that United States every year participate in Drug Administration to write, prepare, de- this body would be willing to inves- this program. It is a short-term inter- velop or publish a proposed, interim, or final tigate all efforts, guidelines, and rules vention, but it can help to provide a rule, regulation, or guidance that is intended to restrict the use of a substance or a com- by the FDA, and review whether they lifetime of good nutrition and health pound unless the Secretary bases such rule, followed the science to get to their de- behaviors. regulation or guidance on hard science (and cisions. While in our subcommittee, this ap- not on such factors as cost and consumer be- The FDA is a needed agency, but propriations bill slashed WIC funding havior), and determines that the weight of Congress also needs to do its proper by $650 million. That means that as toxicological evidence, epidemiological evi- due diligence of oversight to ensure many as 300,000 women and children dence, and risk assessments clearly justifies American industries prosper and the will be turned away and forced to go such action, including a demonstration that American population is safe. hungry; and, in fact, Secretary of Agri- a product containing such substance or com- pound is more harmful to users than a prod- I yield back the balance of my time. culture Vilsack has warned our sub- uct that does not contain such substance or The Acting CHAIR. The Clerk will committee that this number could be compound, or in the case of pharmaceuticals, read. as high as 750,000. has been demonstrated by scientific study to The Clerk read as follows: To alleviate this glaring shortfall, have none of the purported benefits. SEC. 741. The Secretary of Agriculture my amendment to restore $147 million POINT OF ORDER shall reduce the payment rate for upland to the WIC program, paid for with $147 Mr. LANCE. Madam Chair, I raise a cotton under section 1103(b) of the Food, million currently provided to the Bra- point of order. Section 740 constitutes Conservation, and Energy Act of 2008 (7 zilian Cotton Institute, passed with a legislating on an appropriations bill U.S.C. 8713(b)) as necessary so that reduc- bipartisan vote during full committee tions in the amount of direct payments made because it requires a new determina- to producers for upland cotton completely consideration. But the rule for this bill tion and, therefore, violates clause 2 of offset the costs incurred by the Commodity arbitrarily took away the pay-for and, rule XXI of the rules of the House and Credit Corporation to provide payments to instead, requires that $147 million be should be struck from the bill. the Brazil Cotton Institute. cut out from WIC or other programs in The Acting CHAIR. Does any Member POINT OF ORDER this bill already woefully underfunded. wish to be heard on the point of order? Mr. LUCAS. Madam Chairman, I What are we doing here? We are giv- If not, the Chair will rule. make a point of order against section ing the money back to Brazilian farm- The Chair finds that this section in- 741 which begins on page 78, line 8, and ers. The majority has decided that is cludes language requiring a new deter- ends on page 78, line 15, in that it vio- more important. Where is our sense of mination. The section, therefore, con- lates House rule XXI, clause 2, by justice to women and children in the stitutes legislation in violation of changing existing law and inserting United States? clause 2 of rule XXI. To be sure, there are many egregious legislative language in an appropria- The point of order is sustained, and cuts in this appropriations bill and not tion bill. the section is stricken from the bill. just to WIC. Other vital nutrition pro- Mr. FINCHER. Madam Chair, I move I ask for a ruling from the Chair. The Acting CHAIR. Does any Member grams like the Commodities Supple- to strike the last word. wish to be heard on the point of order? mental Food Program and the Emer- The Acting CHAIR. The gentleman gency Food Assistance Program, school from Tennessee is recognized for 5 min- If not, the Chair will rule. The Chair finds that this section in- lunches, food safety, the CFTC, inter- utes. national food aid—all of these basic, Mr. FINCHER. Madam Chairman, the cludes language imparting direction. The section, therefore, constitutes leg- commonsense priorities of the Amer- American taxpayers are crying out for ican people take a huge hit in this leg- commonsense spending of Federal tax islation in violation of clause 2 of rule XXI. islation, mainly so the majority can dollars and urging Congress to review preserve oil company subsidies and tax those rules and regulations which may The point of order is sustained, and the section is stricken from the bill. breaks for the rich. stifle innovation and job creation. To their credit, even the Republicans I introduced House Resolution 98, The Clerk will read. The Clerk read as follows: on our committee saw this $147 million along with my colleagues from North handout to Brazilian farmers as a SEC. 742. None of the funds made available Carolina and Tennessee, to send a bi- bridge too far. So they and Democrats partisan, commonsense message to the by this Act may be used to enter into a con- tract, memorandum of understanding, or co- alike overwhelmingly approved the Food and Drug Administration to rely operative agreement with, make a grant to, transfer of these funds to WIC—until on scientific facts in its development of or provide a loan or loan guarantee to, any the Republican leadership stepped in rules and regulations. corporation that was convicted (or had an of- and negated our vote. We are supporting this resolution ficer or agent of such corporation acting on We cannot be taking food out of hun- now because we understand that the behalf of the corporation convicted) of a fel- gry people’s mouths here at home in FDA may be contemplating some regu- ony criminal violation under any Federal or order to subsidize overseas cotton pro- State law within the preceding 24 months. lations in the future that may ignore duction. It makes no sense. As my col- hard science when creating rules regu- Ms. DELAURO. Madam Chairman, I league Mr. FLAKE noted at the com- lating food, drugs, medical devices, and move to strike the last word. mittee markup, it is quite ironic that cosmetics, among other products. The Acting CHAIR. The gentlewoman we would subsidize Brazilian agri- These regulations may harm industry from Connecticut is recognized for 5 culture so that we can continue to ex- and hinder job creation in the future. minutes. cessively subsidize agriculture here. The FDA was set up to be a science- Ms. DELAURO. I rise in opposition to I urge my colleagues on both sides of based agency; but American farmers, this bill because it puts the interests of the aisle to abide by the overwhelming people I represent in Tennessee’s Brazilian farmers above the very real vote of our subcommittee, to stand up Eighth Congressional District, are cry- needs of American women and children. for American women and children, and ing out for commonsense regulations It leaves the very next section of this to reject this bill. This is not what we and urging Congress to review those bill, section 743, subject to a point of voted for and not what the American rules and regulations which may ham- order. people want. per innovation and American business. As everyone knows, the Women, In- I yield back the balance of my time. I know that the FDA is well-inten- fants, and Children program provides The Acting CHAIR. The Clerk will tioned in their efforts. However, to- nutrition assistance grants to States read. day’s FDA is not putting science first. for low-income, pregnant, breast-feed- The Clerk read as follows: Instead, they are picking and choosing ing, and postpartum women, infants, SEC. 743. None of the funds made available which scientific studies they want to and children up to the age of five. It by this Act or any other Act may be used to use to support their original theory. serves 9 million mothers and young provide payments (or to pay the salaries and The FDA has been slowly expanding children nationwide, including 58,000 in expenses of personnel to provide payments) their efforts to regulate, regardless if my State of Connecticut. to the Brazil Cotton Institute.

VerDate Mar 15 2010 04:03 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.049 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4239 POINT OF ORDER The point of order is sustained, and CONGRESS OF THE UNITED STATES, Mr. LUCAS. Madam Chair, I make a the section is stricken from the bill. HOUSE OF REPRESENTATIVES, point of order against section 743 which The Clerk will read. Washington, DC, June 15, 2011. begins on page 78, line 24, and ends on The Clerk read as follows: Hon. JOHN A. BOEHNER, Speaker of the House, page 79, line 2, in that it violates House SEC. 744. None of the funds appropriated or The Capitol, Washington, DC. rule XXI, clause 2, by changing exist- otherwise made available by this Act or any DEAR MR. SPEAKER: Due to my appoint- ing law and inserting legislative lan- other Act may be used to pay the salaries ment to the House Committee on Transpor- guage in an appropriation bill. and expenses of personnel of the Department tation and Infrastructure, I hereby resign I ask for a ruling from the Chair. of Agriculture to provide any benefit de- my position with the House Committee on The Acting CHAIR. Does any Member scribed in section 1001D(b)(1)(C) of the Food Small Business. Security Act of 1985 (7 U.S.C. 1308–3a(b)(1)(C)) wish to be heard on the point of order? It has been an honor to serve as a Member to a person or legal entity if the average ad- of the Committee on Small Business, and I Mr. MCGOVERN. Madam Chair, I justed gross income of the person or legal en- have been proud to work hard with my col- wish to be heard. tity exceeds $250,000. leagues to find solutions to the problems The Acting CHAIR. The gentleman POINT OF ORDER that small businesses face in America. I look from Massachusetts is recognized. Mr. LUCAS. Madam Chairman, I forward to representing the people of the 3rd Mr. MCGOVERN. Thank you, Madam make a point of order against section Congressional District of Tennessee as a Chair. Let me clarify what insisting on 744 which begins on page 79, line 3, and Member of the House Committee on Trans- this point of order means. ends on page 79, line 10, in that it vio- portation and Infrastructure. It means that the amendment that I appreciate the opportunity to have served lates House rule XXI, clause 2, by on the House Committee on Small Business, Ms. DELAURO offered in committee, changing existing law and inserting which was approved in the Appropria- and I look forward to working with you in legislative language in an appropria- the future. tions Committee, is nullified, which tion bill. Sincerely, means that Brazilian cotton farmers I ask for a ruling from the Chair. CHUCK FLEISCHMANN, get subsidies and poor pregnant women The Acting CHAIR. Does any Member Member of Congress. and children do not get the money for wish to be heard on the point of order? The SPEAKER pro tempore. Without WIC. If not, the Chair will rule. objection, the resignation is accepted. b 1720 The Chair finds that this section ad- There was no objection. dresses funds in other acts. The sec- I have nothing against Brazilian cot- f tion, therefore, constitutes legislation ton farmers, but Brazil’s economy is RECESS in violation of clause 2 of rule XXI. doing pretty good right now. The point of order is sustained, and The SPEAKER pro tempore. Pursu- The Rules Committee could have pro- the section is stricken from the bill. ant to clause 12(a) of rule I, the Chair tected the money for WIC. The Rules The Clerk will read. declares the House in recess until ap- Committee waived points of order The Clerk read as follows: proximately 8 p.m. today. against a whole bunch of stuff in this Accordingly (at 5 o’clock and 25 min- bill except for three provisions. So it SEC. 745. None of the funds made available by this Act may be used to enter into a con- utes p.m.), the House stood in recess wouldn’t have been unusual or extraor- tract, memorandum of understanding, or co- until approximately 8 p.m. dinary for the Rules Committee to pro- operative agreement with, make a grant to, f tect this provision. Many of us pleaded or provide a loan or loan guarantee to, any with the committee to do just that, to corporation that any unpaid Federal tax li- b 2005 respect the work of the Appropriations ability that has been assessed, for which all Committee when it came to protecting judicial and administrative remedies have AFTER RECESS WIC, when it came to protecting poor been exhausted or have lapsed, and that is The recess having expired, the House pregnant women and children. not being paid in a timely manner pursuant was called to order by the Speaker pro to an agreement with the authority respon- tempore (Mr. KINGSTON) at 8 o’clock Madam Chair, my friends on the sible for collecting the tax liability. other side of the aisle say all the time and 5 minutes p.m. SPENDING REDUCTION ACCOUNT that they’re with us in trying to cut f excessive subsidies and putting the SEC. 746. The amount by which the applica- ble allocation of new budget authority made AGRICULTURE, RURAL DEVELOP- focus back on the people here in the by the Committee on Appropriations of the United States who need help. This MENT, FOOD AND DRUG ADMIN- House of Representatives under section ISTRATION, AND RELATED would have been an opportunity. If not 302(b) of the Congressional Budget Act of 1974 now, when are we going to do this? exceeds the amount of proposed new budget AGENCIES APPROPRIATIONS So, Madam Chair, I would hope that authority is $0. ACT, 2012 my colleagues on the other side of the Mr. KINGSTON. Madam Chairman, I The SPEAKER pro tempore. Pursu- aisle would reconsider and not insist on move that the Committee do now rise. ant to House Resolution 300 and rule their point of order. I think poor preg- The motion was agreed to. XVIII, the Chair declares the House in nant women and children in this coun- Accordingly, the Committee rose; the Committee of the Whole House on try who benefit from WIC are more im- and the Speaker pro tempore (Mr. the State of the Union for the further portant right now than subsidizing CONAWAY) having assumed the chair, consideration of the bill, H.R. 2112. Brazilian cotton farmers. Mrs. MYRICK, Acting Chair of the Com- b 2006 Mr. KINGSTON. Madam Chair, I mittee of the Whole House on the state would like to speak to the point of of the Union, reported that that Com- IN THE COMMITTEE OF THE WHOLE order. mittee, having had under consideration Accordingly, the House resolved The Acting CHAIR. The gentleman the bill (H.R. 2112) making appropria- itself into the Committee of the Whole from Georgia is recognized. tions for Agriculture, Rural Develop- House on the State of the Union for the Mr. KINGSTON. The gentleman says, ment, Food and Drug Administration, further consideration of the bill (H.R. If not now, when? It is our intention to and Related Agencies programs for the 2112) making appropriations for Agri- restore this at the proper place in the fiscal year ending September 30, 2012, culture, Rural Development, Food and bill, the DeLauro amendment. I wanted and for other purposes, had come to no Drug Administration, and related agen- to clarify that because we’ve discussed resolution thereon. cies programs for the fiscal year ending that, and we intend to follow through f September 30, 2012, and for other pur- with that. poses, with Mr. REED (Acting Chair) in The Acting CHAIR. The Chair is pre- RESIGNATION AS MEMBER OF the chair. pared to rule. COMMITTEE ON SMALL BUSINESS The Clerk read the title of the bill. The Chair finds that this section ad- The SPEAKER pro tempore laid be- The Acting CHAIR. When the Com- dresses funds in other acts. The sec- fore the House the following resigna- mittee of the Whole rose earlier today, tion, therefore, constitutes legislation tion as a member of the Committee on the bill had been read through page 80, in violation of clause 2 of rule XXI. Small Business: line 2.

VerDate Mar 15 2010 06:23 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.140 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4240 CONGRESSIONAL RECORD — HOUSE June 15, 2011 AMENDMENT OFFERED BY MR. KINGSTON they are proud of their product. To sound science in a process that was ap- Mr. KINGSTON. Mr. Chairman, I have this occur and be promoted by the proved in January 2009, and they are have an amendment at the desk. Federal Government is wrong. going through a process right now to The Acting CHAIR. The Clerk will re- So I’m trying to save money. But I’m make sure that this product does not port the amendment. also saying genetically we should never have a problem as respects human con- The Clerk read as follows: allow it to happen in the fishing indus- sumption. I think that, of course, At the end of the bill (before the short try. should be the number one issue. title), insert the following: I yield to the gentleman from Cali- There are also some other consider- SEC. ll. Each amount made available by fornia (Mr. FARR). ations in terms of food supply, feeding titles I through VI (other than an amount re- Mr. FARR. It’s my pleasure to join quired to be made available by a provision of more people, which is something that law) is hereby reduced by 0.78 percent. you in this amendment. I actually have we all have debated on this bill. And the best salmon caught in the lower 48 The Acting CHAIR. The gentleman also there is an issue with me about in Monterey Bay. A history of fishing from Georgia is recognized for 5 min- some jobs. So I’m concerned on this be- in Monterey, used to be the sardine utes. cause it does seem like a pretty major Mr. KINGSTON. Mr. Chairman, this capital of the world. We’re very sen- change in my philosophy of sound amendment reduces certain accounts sitive to the fact that people are trying science. in the bill specified in the amendment to mess around with the natural proc- I yield to my friend from Alaska, who by 0.78 percent, and it fulfills a com- ess and the Food and Drug Administra- I think is out of time. mitment which the minority and the tion is set to approve genetically engi- Mr. YOUNG of Alaska. I thank the majority had discussed earlier regard- neered salmon through a process the chairman. I believe whoever has given him that ing WIC funding. FDA uses to approve new drugs for ani- I yield back the balance of my time. mals. There’s something wrong with information is wrong. We have a prod- Mr. FARR. We accept the amend- the fact that in the approval process uct made in the United States natu- ment. our food is now treated the same as rally. Why would we want someone to The Acting CHAIR. The question is animal drugs. create a Frankenstein fish to compete on the amendment offered by the gen- If approved, genetically engineered against a naturally created God-given tleman from Georgia (Mr. KINGSTON). salmon would be the first genetically gift, and have it promoted by sup- The amendment was agreed to. modified animal allowed onto the posedly science? AMENDMENT OFFERED BY MR. YOUNG OF American dinner plate. Approval of ge- There’s no science in this. In fact, ALASKA netically engineered salmon poses seri- they were trying to do and say we have Mr. YOUNG of Alaska. Mr. Chair- ous threats to human health, our fish- to feed the world with artificial means. man, I have an amendment at the desk. ing communities, and our wildlife And I’m saying, okay. Do it someplace. The Acting CHAIR. The Clerk will re- stock fish. But don’t you do it with my and our port the amendment. They have no long-term studies on salmon. The Clerk read as follows: the safety of genetically engineered Mr. FARR, listen to me very care- At the end of the bill (before the short fish. There could be grave, unintended fully. This is a very, very important title), insert the following: consequences on human health. Pre- thing because this is the greatest thing SEC. ll. None of the funds made available liminary studies show that the com- we have going, Alaskan natural wild by this Act to the Food and Drug Adminis- pounds in genetically engineered salm- salmon being sold in the market and tration may be used to approve any applica- on may be linked to cancer and severe the benefit, what they can do to have it tion submitted under section 512 of the Fed- replaced by a genetic Frankenstein eral Food, Drug, and Cosmetic Act (21 U.S.C. drug allergies. 360b) for approval of genetically engineered We’ve seen that the dominant meth- fish. I’m saying this is wrong. All due salmon. od of raising salmon in other parts of respect to the chairman. The Acting CHAIR. The gentleman is the world is an open net, these pens in What science are they talking about? recognized for 5 minutes. the ocean, and farmed fish escape these They have a bunch of people created by Mr. YOUNG of Alaska. Mr. Chair- facilities every year. The impact of ge- the government that’s going to take man, my interest in here is because I netically engineered salmon escaping and put in, I call it traps or nets, and am from Alaska, and we have the finest could be detrimental to wild stocks. create a fish that’s fed quickly. They wild salmon in the world. And we have The list goes on and on and on. say it can grow quicker, we’re home. people that are trying to—and espe- Our fishing communities are already Well, what people are you talking cially under NOAA and FDA—trying to facing challenges, and genetically engi- about? Mr. DICKS, you better be listen- approve the fact that they have geneti- neered salmon would have an addi- ing because you catch most of my cally engineered a salmon. That’s not tional effect of lowering wild salmon salmon. Don’t you forget it. You had natural. prices, as already seen with normal better stand on the floor and defend farmed salmon. Lower prices, combined this because you’re in deep trouble if b 2010 with declines in wild salmon stocks, you don’t. I’ll tell you that right now. And our goal is, we have a supply of would be economically detrimental to The Acting CHAIR. The gentleman natural wild salmon for the State of our fishermen, our fishing culture, and will please direct his comments to the Alaska and for this Nation, because I our coastal communities. It is unneces- Chair. think that’s crucially important, espe- sary to genetically engineer salmon. Mr. KINGSTON. Reclaiming my cially in this day when we have all For these reasons, I support Mr. time, I don’t know all the ins and outs those that accuse us of having artifi- YOUNG’s amendment that prohibits of this, but I do know that we’re con- cial things, you know, pesticides, et funds to the FDA to approve geneti- stantly getting on the FDA to use more cetera. cally engineered salmon. sound science, less politics, and to have This is a good amendment. It’s an Mr. YOUNG of Alaska. I yield back more transparency, and it appears that amendment supported by both sides of the balance of my time. that’s what they’re doing here. And the aisle. It’s not just Alaska. This is Mr. KINGSTON. Mr. Chairman, I rise they may come out against genetically also for California, Oregon, and the in opposition to the amendment. modified salmon, but they are just rest of it. But mostly, I am the Con- The Acting CHAIR. The gentleman looking at it right now to determine. gressman from Alaska. I think it’s cru- from Georgia is recognized for 5 min- And with respect to the food supply, cially important we understand that utes. if you could safely produce genetically this should not be allowed, for the FDA Mr. KINGSTON. I do not have the ex- modified fish, you could feed a great to say, okay, a genetically raised salm- pertise that my friend from Alaska has portion of the world with it. So I have on—I call it a Frankenstein fish— on it, but I wanted to say this. Earlier, some concerns on it, but I did want to should never be allowed in our mar- or actually during the markup, Mr. oppose the amendment. kets. REHBERG offered an amendment about Ms. WOOLSEY. Mr. Chair, I rise in strong I have a group of individual Alaskans the FDA using sound science. And I do support of my colleague from Alaska, Mr. who not only make their living, but believe, in this case, the FDA is using YOUNG’s amendment to prohibit funding for the

VerDate Mar 15 2010 06:23 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 9920 E:\CR\FM\K15JN7.143 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4241 Food and Drug Administration to approve ge- SEC. ll. None of the funds made available cannot do; nor does Congress usually netically engineered salmon. by this Act may be used (1) to provide elec- substitute its opinion of what’s good The FDA is considering an application to tronic notifications to the Committee on Ag- science for the professional judgments sell patented genetically engineered salmon riculture of the House of Representatives on of competitive grant peer review pan- travel relating to any ‘‘know your farmer, for human consumption. This fish would be know your food’’ initiatives or (2) in con- els. By singling out a small piece of the given a gene from an eel-like Pout fish and a travention of the Agriculture and Food Re- agricultural research agenda and by growth hormone from the Pacific Chinook search Initiative priority research area spec- substituting the committee’s judgment salmon, which would allow it to grow twice as ified in subsection (b)(2)(F) of the Competi- for that of researchers and educators, fast as traditional Atlantic salmon. tive, Special, and Facilities Research Grant the Agriculture appropriations bill re- If the FDA approves the request, it would be Act (7 U.S.C. 450i). port sets up a roadblock to innovation the first genetically engineered animal ap- The Acting CHAIR. The gentlewoman and diversity in American agriculture proved for human consumption, and it would is recognized for 5 minutes. and growth in the rural economy. open the door for many more. Ms. PINGREE of Maine. Mr. Chair, In response to this misguided report Unfortunately, the FDA evaluation process this amendment would combat the mis- language, this amendment will prohibit has lacked transparency, failing to provide the guided report language written to at- the USDA from using funds to fulfill public adequate information or sufficient time tack local and regional food systems. the additional and burdensome report- to provide comment or express concern. And By passing this amendment, we will ing requirements proposed for Know a recent poll found that 91 percent of Ameri- send an important message to farmers, Your Farmer—Know Your Food. The cans oppose FDA approval of genetically engi- consumers, and community leaders amendment would also prohibit USDA neered animals for human consumption. around the country: Local and regional from using funds to carry out activities Mr. Chair, I’m also concerned about the po- food systems are critically important. contrary to the current research prior- tential commercial impact of G.E. salmon. They provide economic opportunities ities that Congress established in the Salmon fishermen in my district and many oth- for rural communities and healthy food last farm bill. ers along the Pacific coast have been dev- for consumers. I know my colleagues on the other astated in recent years by fishery closures. Local food systems are the backbone side of the aisle are going to say it’s Last year’s salmon season was limited to just of economies across the country. In time to cut budgets and reduce deficits. 8 days because of the continued steep decline order to ensure local food systems I also believe in fiscal responsibility. in the salmon population. work to their maximum potential, Con- This is not about fiscal discipline; this Because G.E. salmon are more sexually ag- gress must support research, thriving is about priorities. gressive and resistant to environmental toxins, programs, and devote more, not less, Last year, we spent a staggering $548 their escape would pose a catastrophic threat funding to enhance this work. billion to fund the Department of De- to wild salmon populations. You know, no matter what group I’m fense and an equally unbelievable $158 If just 60 of these G.E. fish find their way talking to, whether it’s members of the billion on continued operations in Iraq into a population of sixty thousand wild salm- credit unions or realtors or teachers, and Afghanistan. By comparison, the on, the wild species would fade into extinction when I start talking about improving entire Agriculture Department is fund- in a matter of decades. the quality of food we serve our kids, ed with 20 percent of what we spend on While its producer claims that genetically improving local food systems, and defense, and the research priorities we engineered salmon would be sterile, FDA’s knowing where your food comes from, I are talking about in this amendment own documents show that five percent of this look around the room and everybody is are funded with one-half of 1 percent of G.E. salmon would, in fact, be able to repro- nodding. Across the board, these issues the total agriculture budget. duce. are important to people, and this is I urge my colleagues to join me in Each year, millions of farmed salmon es- where there is real energy for growth supporting farmers, in supporting local cape from open-water nets, threatening wild in the economy. food production, and consumers who fish populations. Even if a small number of fer- The language included in the report want to know where their food comes tile G.E. salmon spilled into nature, our wild was designed to criticize and hamstring from. It’s good for our local commu- salmon and fisherman would be suffering the efforts that are underway at the USDA nities, our local economies, and it’s consequences for years to come—possibly for to create jobs, to increase farm income, good for our country. evermore. and to bolster the economy through Mr. Chairman, I yield back the bal- I want to thank my good friend DON YOUNG the development of local and regional ance of my time. for his hard work on this important issue and food systems. The language targets Mr. KINGSTON. Mr. Chairman, I rise his leadership as co-chair of the Congres- local and regional food system develop- in opposition to the amendment. sional Caucus on Wild Salmon . . . even ment in two ways: The Acting CHAIR. The gentleman though he considers my salmon ‘‘bait’’ for his First, it demands overly burdensome from Georgia is recognized for 5 min- fishers. reporting requirements of the USDA’s utes. I look forward to continuing to work with him Know Your Farmer, Know Your Food Mr. KINGSTON. Mr. Chairman, I op- and other concerned colleagues to protect our initiative. USDA developed this initia- pose this amendment, and I don’t quite natural fisheries and stop this ‘‘frankenfish.’’ tive to streamline the implementation understand what the problem is with I urge my colleagues to support this amend- of existing programs authorized by the bill language at all. ment. For consumer safety, for the purity of Congress in the last farm bill. Here’s what it does: the report lan- our waters, and for the continued viability of guage, which this amendment tries to our fishing industry . . . we must block fund- b 2020 strike, it simply tells the Secretary of ing for the FDA to approve genetically engi- ‘‘Know Your Farmer—Know Your USDA to notify the committee of any neered salmon. Food’’ is not a standalone program and trips related to the Know Your Farmer Mr. KINGSTON. I yield back the bal- does not have its own budget. Creating initiative and include the agenda and ance of my time. additional burdensome reporting re- the cost to the American taxpayers. It The Acting CHAIR. The question is quirements would delay program im- doesn’t prevent them from doing this. on the amendment offered by the gen- plementation and distract the USDA It simply says let us know. It also says tleman from Alaska (Mr. YOUNG). from addressing the economic chal- put this information on the Web page. The amendment was agreed to. lenges of rural communities. So if Know Your Farmer is that impor- AMENDMENT OFFERED BY MS. PINGREE OF Second, the report language ex- tant, why would USDA have any oppo- MAINE presses concern with USDA research, sition to this at all? In fact, I don’t Ms. PINGREE of Maine. Mr. Chair, I education, and extension activities as- know that USDA does. have an amendment at the desk. sociated with local and regional food I also want to say that, as somebody The Acting CHAIR. The Clerk will re- systems through the Agriculture and who represents rural southeast Geor- port the amendment. Food Research Initiative, AFRI. gia, there is this nostalgic idea that The Clerk read as follows: While Congress sets broad research somehow the further food travels the At the end of the bill (before the short policies for USDA, Congress does not more evil it becomes. But if you look title), insert the following new section: usually dictate what research USDA at a plate of fresh vegetables that you

VerDate Mar 15 2010 05:01 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.060 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4242 CONGRESSIONAL RECORD — HOUSE June 15, 2011 may have eaten sometime today, that lettuce consumed in the United States grants and program management ac- food traveled a long way. In fact, as- in one county in California that I rep- tivities. paragus travels a long way. Lettuce— resent. Part of that is this program b 2030 my friend, Mr. FARR, gave me an arti- now that they’re doing, which is Know cle earlier today. I think 59 percent of Your Farmer—Know Your Food. All of these entities within the USDA the lettuce in America comes from his Consumers can go with their cell already have marketing tools to reach one district. phones into a grocery store; and be- out to applicants in the local commu- Now, if we start confining that to cause of the barcode there, they can nity and work with them. Programs Monterey County, it might be great for ZIP it and it immediately comes up the that issue grants from USDA would not the folks in Monterey County, but I farmer who grew that food saying this be affected or lose a single cent of don’t mind eating California lettuce is who I am and this is where I grew it funding from my amendment. Let me because if the California farmers can and this is how many days it takes to repeat: Grants and program manage- do it for less money and I can get let- get to you, and all the things you ment activities from USDA do not lose tuce year round for less money, that’s might want to—if we’re going to edu- a cent of funding under my amend- not a bad thing. So I think some of the cate people about nutrition, I can’t ment. Rather, it would strike the re- assumption that food traveling is a bad think of a more exciting way to do it. dundant Know Your Farmer—Know idea, I think it’s flawed in itself. And to require that the Department Your Food effort by the USDA to ad- But I want to get back to this bill re- has to essentially do this gestapo, vertise their programs and ensure that port language. It simply says to the looking at every time you move you the money in the grants and in the pro- USDA, let us know how much you’re have to report to a higher authority on gram management activities would be going to spend. And why is that so im- your initiative and on your entire trip spent on the activities that are author- portant? I want my friend from Cali- and the agenda and cost, we don’t do ized. My staff has been told by people fornia to know that if you look that for anybody else in the Federal at the USDA that grant issuing and through the USDA budget request for Government, and I don’t think we farmer and consumer programs will FY12, there’s not one mention of Know should do it for our farmers or for our continue to operate as normal without Your Farmer—Know Your Food. It’s an members of the U.S. Department of Ag- this duplicative effort. initiative. There has not been a budget riculture who are supporting our farm- Mr. Chairman, there has been a lot of request for it. If there was a budget re- ers. erroneous information put out there in quest for it for $3 million or $30 mil- So I support this amendment very relation to my amendment, and I lion, then we could have something we strongly. would like to take some time to clear could be debating about. Mr. Chairman, I yield back the bal- it up. But what it is, is an initiative; and ance of my time. It doesn’t affect any USDA grant or all we’re asking is, if you go forward The Acting CHAIR. The question is program management funds already with this—and we don’t stop them from on the amendment offered by the gen- existing because Know Your Farmer— going forward with it—we’re just say- tlewoman from Maine (Ms. PINGREE). Know Your Food does not issue grants. ing we want to know how much it’s The question was taken; and the Act- Nor does it manage any programs. But going to cost. So I do not believe that ing Chair announced that the noes ap- it is a circumvention of the authority it’s bad report language at all, and I peared to have it. and defeats the intent of Congress strongly oppose the amendment. Ms. PINGREE of Maine. Mr. Chair- when we are the ones who should be au- Mr. Chairman, I yield back the bal- man, I demand a recorded vote. thorizing programs and budgets. So I ance of my time. The Acting CHAIR. Pursuant to think that this is a program that we do Mr. FARR. Mr. Chairman, I move to clause 6 of rule XVIII, further pro- not need, and I believe that it should strike the last word. ceedings on the amendment offered by be abolished, because when the USDA The Acting CHAIR. The gentleman the gentlewoman from Maine will be wants a program, it should be coming from California is recognized for 5 min- postponed. to the Congress to get authorization utes. AMENDMENT NO. 1 OFFERED BY MS. FOXX for that program. Mr. FARR. I strongly support this Ms. FOXX. Mr. Chairman, I have an There is a specific violation against amendment because the language in amendment at the desk. establishing a program in the author- the bill—I’m going to read it to you. The Acting CHAIR. The Clerk will ization that would have set up slush It’s one paragraph, but it’s the most designate the amendment. funds in the Secretary’s office, and I draconian language because we’ve The text of the amendment is as fol- think this is similar to that. It allows never done this before ever in an ag lows: the department to take money from ex- bill. It says: ‘‘The committee directs At the end of the bill (before the short isting programs, put it into this pro- the Department to provide an elec- title), insert the following: gram, and spend them the way that tronic notification to the committee at SEC. ll. None of the funds made available they wish to, and I don’t think that is least 72 hours prior to any travel in by this Act may be used to support any an appropriate expenditure of funding support of the Know Your Farmer— Know Your Farmer, Know Your Food initia- that we have authorized. Know Your Food initiative, and such tive of the Department of Agriculture. Therefore, I urge passage of my notification shall include the agenda of The Acting CHAIR. The gentlewoman amendment. the entire trip along with the cost to from North Carolina is recognized for 5 I yield back the balance of my time. U.S. taxpayers. Additionally, the com- minutes. Mr. FARR. Mr. Chairman, I rise in mittee directs the Department to post Ms. FOXX. Mr. Chairman, it’s very opposition to the amendment. media advisories for all such trips on interesting that I came into the Cham- The Acting CHAIR. The gentleman its Web site, and that such advisories ber at this time because my amend- from California is recognized for 5 min- include the same information.’’ ment also has to do with Know Your utes. My God, we don’t do this to know Farmer—Know Your Food. Mr. FARR. Mr. Chairman, I rise in your soldier, to know your veteran, to I am very concerned about this pro- opposition because I cannot, for the life know your school teacher, to know gram because it is not an authorized of me, understand why you are so anybody else that’s in the public serv- program by the Congress. I am very afraid of Know Your Farmer—Know ice, to know your law enforcement offi- concerned that we have our executive Your Food. They say, well, we need to cer; and yet they’re doing this for branch off doing all kinds of things have this program authorized. My god, Know Your Farmer? that it has no business doing, from we went to war without authorizing it. This program, as Mr. KINGSTON point- fighting wars to running programs that We spent all that money, and half the ed out, we just had the ag report come they weren’t authorized to run. people don’t even question it. And you out and I’m very proud that one county This program, in my opinion, con- want to question Know Your Farmer— in my district does $4 billion worth of ducts duplicative marketing methods Know Your Food? agriculture, as pointed out in that re- by taking funds from programs that al- I think this is a direct attack on the port, that grows 59 percent of all the ready exist within USDA through White House initiative, which is about

VerDate Mar 15 2010 05:01 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.151 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4243 nutrition, which is about trying to get Ms. FOXX. I want to thank my col- are doing; we can’t tell you if we are people—I mean, we talked about this league from Texas for yielding to me, having any effect, to be done away yesterday, about how you have places and I want to respond to our colleague with. And any program that answers a in this country that are food deserts. from California. Member of Congress that way should be You have places where there are no I am not afraid of a program. I am immediately eliminated. grocery stores. There are 7–Elevens. afraid, as my colleague from Texas has Mr. FARENTHOLD. Reclaiming my They don’t have fresh fruits and vege- indicated, of the executive branch con- time for just a second, I too am trying tables. People can’t go down to a local tinuing to overstep its bounds and de- to lose weight and would much prefer store and find fresh fruits and vegeta- velop programs that have no authoriza- to work with my doctor and trainer bles. tion and do the things that it has no than the USDA. So what do we do? This committee business doing without authorization I yield back the balance of my time. puts money into the USDA to help from Congress. Ms. PINGREE of Maine. Mr. Chair, I farmers markets get established in I find it interesting that my col- move to strike the last word. these tough areas, to encourage farm- league would bring up the fact that we The Acting CHAIR. The gentlewoman ers to come in, and at the same time went to war without authorization. I is recognized for 5 minutes. Ms. PINGREE of Maine. Mr. Chair- teach people who have never shopped believe that was his President who did man, I just wanted to engage a little for fresh fruits and vegetables, never that, and I voted resoundingly not to bit more in this conversation that we been to a farmers market. do that. We have actually tied in, in my dis- I also want to sympathize with my had, both about the previous amend- trict, the issuing of food stamps and colleague from California. I am cer- ment and about my good friend from North Carolina’s concern about this WIC vouchers so that they will spend tainly doing my best to lose weight, particular program called Know Your them right there, and 65 percent of the too. I think it is a struggle that most income that comes to the farmers at Farmer—Know Your Food. of us, particularly in this body, have. the farmers markets comes from them. b 2040 So this is all part of the initiatives to But I can tell you that I am not look- get people to know about agriculture. ing to the Department of Agriculture I have the great privilege of serving Milk doesn’t come from a carton. Food to give me my nutrition information. I on the Agriculture Committee. I’ve doesn’t come from a grocery store. It know how to find that nutrition infor- heard the Secretary speak to us about gets grown somewhere by a farmer, he mation, and I think most Americans his interest in increasing the number and his wife. And we are trying to get know how to do that, and we don’t need of farms in our country, in getting to kids to know something about agri- a special program in the Department of know our farmers better, and in mak- culture. We are putting in school gar- Agriculture to do that. ing sure people have more knowledge dens. All of this is part of Know Your We have got to commit to bringing about where their food comes from. Farmer—Know Your Food, and you government spending under control, I have to just stand back and say for want to strike it. and we are going to do everything that a minute that it’s after 8:30 on a busy What is this? Is this some kind of we can. While no money will be cut night. We’re still in the middle of de- conspiracy that you are afraid of? Peo- from the appropriations by this amend- bating this bill at a time when our ple might learn a little bit about where ment, it removes a program that is not economy is in peril, when we have huge food comes from in America, and there authorized that gives part of the De- challenges before us, when we are at is organic food and that you have partment of Agriculture an argument war in two countries. I just personally choices and you just don’t have to eat for why they need money. have to say I am baffled about why we everything that is packaged and proc- I think that in many cases what hap- are even having this debate. I was baf- essed and full of salts and sugars and pens in these executive branch depart- fled about why this report language additives and preservatives? ments is that when their own entity would be there that slows down re- What are we afraid of? What are we begins to lose its need for being, they search on local farming, that tries to afraid of? My God, to strike it, or tell begin to look out there for, What is the stop a program that’s not even funded, the department that they can’t do this, latest trend? What can we do in this and that coordinates a lot of good ef- I think it is not in our best intentions, Department to justify our existence? I forts going on in the Department of and it is not smart nutrition. think that that is what happens in Agriculture. We are trying to get people, I know, many, many cases, and you get the I will say, I kind of think back to the because I am trying to lose weight and continuation. As Ronald Reagan said, way I look at our country. We were it is a very hard thing to change your the nearest thing to immortality is a based on agriculture and farming. I had character, to change your eating hab- Federal Government program, and I the good fortune to be born in Min- its. Unless we do that, we are going to think that is what happens in many de- nesota even though I represent Maine. grow a lot of Americans who aren’t partments, not just the Department of Both sets of my grandparents were going to be very healthy because they Agriculture. Scandinavian immigrants. They came don’t know their farmer and they don’t I have great respect for much of what because there was rich farmland, beau- know their food. And if you strike this the Department of Agriculture does, tiful opportunities. My grandfather ability for the department to go out and I think it is providing vital serv- was a dairy farmer. My uncle was a and do that kind of outreach, we are ices in many areas. But, again, this is dairy farmer. My cousin still runs a going to have a less healthy America. not an area that we need the Federal I yield back the balance of my time. farm and works with livestock. I went Mr. FARENTHOLD. Mr. Chairman, I Government to be involved in. We don’t to college to study agriculture, and I move to strike the last word. need this program. own my own farm today. The Acting CHAIR. The gentleman Frankly, my colleague asked me So I think about, isn’t this what from Texas is recognized for 5 minutes. what I am afraid of the program for. America is all about—knowing your Mr. FARENTHOLD. You know, we in What I don’t understand is why our col- farmer? knowing where your food came this Congress or Congresses of the past league from Maine doesn’t want report- from? understanding what the basic have ceded a lot of our authority to ex- ing from this program. He didn’t ask principles are of growing and of using ecutive agencies. We have given them her that question. Why is she con- our land? What in the world are we lots of power to regulate. They are tak- cerned that we ask for reporting mech- talking about? It’s as if black is white ing over and doing an awful lot. Know anisms? Because we have asked the De- and white is black and as if everything Your Farmer—Know Your Food is an- partment, How much money are you is turned upside down. other example of an agency going be- spending on this program? They cannot I grew up in Minnesota and Maine. yond what needs to be done and is answer. What effect are you having? Both States have a rich farming herit- something I feel they should come They cannot answer. There are no re- age. We couldn’t be more proud of the back to Congress for. sults. There is no cost-benefit analysis. families and of the people who work With that, I would like to yield to It is time that any program that hard on the land. We couldn’t be more the gentlewoman from North Carolina says, We can’t tell you how much we proud of having vigorous farmers’ mar- (Ms. FOXX). are spending; we can’t tell you what we kets, of having people who are able to

VerDate Mar 15 2010 06:27 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.155 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4244 CONGRESSIONAL RECORD — HOUSE June 15, 2011 go to a farm stand and say to the farm- where we buy our food from China? I time—I’m going to give you seven er, ‘‘How did you grow this? What’s be- mean this is America. This is a tradi- things that I thought about in just sit- hind this? Tell me about what’s grow- tion of our country. How could we pos- ting here during the course of the last ing in your field.’’ I mean, this is sibly think that anything is wrong speech. America. This is how our country was with promoting or researching local Number one: This administration has built. foods and having a program that just declared war on the community banks, If there is one tragedy that’s going coordinates it all? which are the fiber and the heart of on today, it’s the reduction in the Ms. FOXX. Will the gentlewoman small communities. That’s where farm- number of farms and in the families yield? ers get their loans. Farmers need cred- who can no longer hold onto their Ms. PINGREE of Maine. Absolutely it. We need stability and banking laws farms, whose mortgages are being fore- not. As much as I appreciate my col- to help farmers. closed on, who don’t have enough mar- league from North Carolina, I’m not Number two: We need consistent reg- kets. If there is anything the Secretary giving up one second to talk about the ulations and regulations that don’t is telling us it is that we want more fact that in my State, we are proud of send the EPA out on the farm to play people to know about their farms, that our farmers. We are proud of our big ‘‘I gotcha.’’ You may know right now, we want to have local access to farm- farms that grow potatoes and blue- Mr. Chairman, that for organic chick- ing, that we want to have people come berries and that grow apples. We are ens—and I know my friend from Cali- to farmers’ markets. proud of our fishermen, and we are fornia probably knows this—you have I spend a lot of time visiting school proud of the fact that more young peo- the FDA requiring that they be raised cafeterias, and many of the schools in ple want to get into farming. on a slab of concrete and the USDA my district are very engaged with buy- There are more markets for farming saying, no, they can’t be. So we have ing food locally. They realize that, if than there ever were before today. Part two Federal agencies with two dif- they’re going to deal with childhood of it is because people like to buy their ferent regulations for one product. obesity, one of the things they have to food locally because they are so excited Farmers need regulatory consistency. do is get kids to eat more vegetables. about the opportunity of going to a Number three: We need an H–2A pro- One thing that really works is to have farm stand where you actually see the gram. Absolutely, we’ve got to get those young people know the farmers, farmer, where you see how it’s grown, labor out there and a good guest work- and many schools have little gardens where you feel comfortable about what er program that works. Number four: We need free trade out back. goes into your food, where you know agreements. We have had sitting on the I visited Longfellow Elementary how it was slaughtered, where you desk of the White House free trade School in Portland, Maine, just re- know so much more about it, where agreements with South Korea, Colom- cently. Those kids have a little plot of we’re raising our kids to say, ‘‘You bia and Panama, and this administra- carrots. It’s not that every lunch has know what? Vegetables are good for tion won’t move them. That will create one of those carrots on the menu, but you,’’ and here they are right in front it’s for those kids to say, ‘‘I grew a car- lots of markets for farmers. of you. Number five: We need estate tax re- rot, and now I want to eat more of I can’t possibly imagine why this re- lief. If you want to keep the family them.’’ I was at the Bonny Eagle Mid- port language was there in the first farm in the family, then get rid of the dle School. They have a little green- place, why my colleague would want to death tax so that it can be passed on to house. I sat down to eat with those strike everything about Know Your the next generation. kids, and they were eating kale, kale Farmer—Know Your Food. Number six: You need to have a good and garlic; and they were proudly I yield back the balance of my time. crop insurance program. More than any showing it off to me about how they Mr. KINGSTON. I move to strike the other farm program, farmers want a grow kale, about how they know where last word. good crop insurance program. it comes from. Many of them have vis- The Acting CHAIR. The gentleman Number seven: We need to cut the red ited with farmers. They’ve seen the from Georgia is recognized for 5 min- tape out so that you can get to your farmers come down the road. utes. local market. If you’re a local farmer, I can’t possibly imagine why anyone Mr. KINGSTON. Mr. Chairman, I it is impossible to sell right now to would want to put language in that want to make sure I answer this ques- your local high school because of many says you have to strike a program like tion, because I’m hearing from our col- Federal regulations. The small farmers this that’s not even funded, that’s just league that she can’t possibly imagine can’t compete with the big folks on a way of the Secretary saying this is a why we are against the program. We this. good American tradition. It’s a tradi- are against it because it’s not author- I want to say this about apples be- tion in North Carolina, I am sure, ized. cause the gentlewoman had mentioned where people are proud of their farmers The President of the United States is apples. The average apples travel right and, in Maine, where we are exception- now bombing in Libya. By the way, I now 2,500 miles to get to the consumer. ally proud of the fact that the average voted with the Kucinich amendment Now, I don’t find that horrible. We are age of our farmer is going down. We because I feel very uncomfortable with a country of origin labeling laws, have more young people who want to an unauthorized bombing as the use of which our committee has debated for go into farming. We have more and force in Libya. The Federal Govern- over a decade, and I don’t know that it more acreage going into farming, ment frequently obligates the tax- has made the world a better place. I which is a reversal of the trend that payers to new programs. Yet the think that consumers are actually has been going on in our country for a United States Congress hasn’t had an driven by food safety, food taste and long time. This is good for our health, opportunity to vet these programs or food price, and whether it comes from and it’s good for our environment. Fun- to vote on them, so I, myself, don’t un- New York or whether it comes from damentally, this is a jobs bill, and derstand why that is a problem that we the farmer down the street, those still that’s what we’re supposed to be here can have this transparency. are going to be the driving factors in talking about. Every young person who Now, as I’ve listened to this, I’ve making the decision. Carrots come has an opportunity to go into farming kind of felt, well, Know Your Farmer— 2,000 miles. today and every family that gets to Know Your Food is one of these harm- I would challenge my friends to look hang onto a family farm increases the less little Washington sort of ‘‘feel at Google food mileage and look at how number of jobs that are going on in our good about things’’ initiatives, but I’m much common, everyday food travels country. beginning to think it’s just one big to get to your plate. What has it done? What do we want this to turn into, databank. I don’t know why the USDA It has made America healthier. It has big corporate agriculture where every- needs to know all of this information given us an abundant food supply, and thing has to be trucked around the about the farmers. I’m wondering it has given us a less expensive food world?—where our carrots come from about that. If we want to help farm- supply. Brazil and our strawberries come from ers—and I’ve had the opportunity of But if we are serious about growing somewhere else in South America and representing lots of farmers for a long mom and pop farms—and I want to say

VerDate Mar 15 2010 05:01 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.157 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4245 this to my friend from Maine—I am ceedings on the amendment offered by scrap the rule and compel USDA to very interested in working with her on the gentlewoman from North Carolina write a completely new one. This is a that. The seven things that I have list- will be postponed. stall tactic, plain and simple. Better ed, I can promise you, in any poll, AMENDMENT NO. 20 OFFERED BY MS. WOOLSEY school meals must not, can’t be, from farmers will choose before they choose Ms. WOOLSEY. Mr. Chairman, I have this act, a priority for the other side of to say what we really need to get farm- an amendment at the desk. the aisle. They apparently don’t be- ers going in America is this program The Acting CHAIR. The Clerk will lieve we need to do anything about the that is not authorized by the Congress, designate the amendment. epidemic of childhood obesity that is called Know Your Farmer. The text of the amendment is as fol- rapidly becoming a major public health I yield back the balance of my time. lows: crisis, so they’re looking for any way Mr. FARR. I move to strike the last At the end of the bill (before the short to put on the breaks. word. title), insert the following new section: The process has worked. We’ve had I just want to point out that this SEC. ll. None of the funds made available congressional direction and we’ve had amendment doesn’t save one penny. by this Act may be used to carry out the di- mandates. We’ve had open comment rective in the committee report instructing b 2050 period and rulemaking based on sound the Food and Nutrition Service to issue a science. But the end result is not to the The Acting CHAIR. Does the gen- new proposed rule on implementing new na- majority’s liking, so they want a do- tleman ask unanimous consent to tional nutrition standards for the school over. This is not only unnecessary, Mr. strike the last word? breakfast and school lunch programs in the report of the Committee on Appropriations Chairman, but expensive, as there Mr. KINGSTON. Reserving my right would be costs associated with starting to object, I just want to remind my of the House of Representatives to accom- pany H.R. 2112 of the 112th Congress (House the rulemaking over—going back to friend about taking two bites of the Report 112–101). square one. In one fell swoop, the Re- 2,500-mile apple. I certainly do not ob- Mr. KINGSTON. Mr. Chairman, I re- publicans are showing themselves to be ject but—— anti-science, anti-child, anti-public Mr. DICKS. Mr. Chairman, I move to serve a point of order on the gentle- woman’s amendment. health, and anti-fiscal responsibility. strike the requisite number of words. My amendment would stop their The Acting CHAIR. The gentleman The Acting CHAIR. A point of order is reserved. shortsighted and irresponsible scheme. from Washington is recognized for 5 It would prevent funds made available minutes. The gentlewoman from California is recognized for 5 minutes. by this appropriations act from being Mr. DICKS. I yield to the ranking used to require USDA to reissue a new member, the gentleman from Cali- Ms. WOOLSEY. Mr. Chairman, for some families—too many, as a matter rule. fornia. Important advocates agree with me. Mr. FARR. This amendment doesn’t of fact—the meals served at school may be the only decent meal that their chil- My amendment has been endorsed by save one penny. Ironically, we just re- the National Education Association, turned from the White House summer dren get that day. Especially during this current economic downturn, with the American Dietetic Association, congressional picnic, and people ate Bread for the World, the Center for food there. At every table, it listed many Americans barely getting by, more people are relying on school Science in the Public Interest, and where the food came from. Indeed, I re- many other groups, which I will in- member because I went to the ice meals to keep their children fed and ready to learn. clude in the RECORD. cream place and there was a stack of Mr. Chairman, our children need bal- Why, then, is the Republican major- honey that came from the White anced, healthy, nutritious meals, not ity trying to turn back the clock on House, that has a White House label on costly bureaucratic delays. They need school nutrition? Why are they trying it, and it’s a gift that the First Lady this to help them succeed in school and to undermine the quality of school gives to visiting dignitaries from in life. meals by gumming up a regulatory around the world as a sample of Amer- H.R. 2112, AMENDMENT NO. 20, LIST OF process that is designed to ensure that ican honey grown at the White House. SUPPORTERS our kids are eating healthy? We just experienced Know Your Farm- The American Academy of Pediatrics, er—Know Your Food not more than an Mr. Chairman, I’m offering this American Dietetic Association, American hour ago. amendment because it will stop the Public Health Association, Association of This amendment does nothing but be majority’s attempt to block the imple- State & Territorial Public Health Nutrition mean. mentation of scientific standards for Directors, Bread for the World, California Mr. DICKS. Reclaiming my time, I school meals. Association of Nutrition & Activity Pro- grams, California Food Policy Advocates, just want to point out, also at the Here’s the backstory. Since the Tru- man administration, Congress and the Campaign to End Obesity Action Fund, Cen- White House picnic, if you walked far ter for Science in the Public Interest, Com- enough down, you could see the garden United States Department of Agri- munity Food Security Coalition, Food Re- with fresh vegetables and everything culture have set standards for school search & Action Center (FRAC), Jewish that was being grown. It had a label lunches and breakfasts. But for most of Council for Public Affairs, National Edu- about what was what. that history, those standards have not cation Association, National Farm to School Again, I just don’t see what the harm reflected the expertise of nutritionists Network, The National WIC Association, is here if they’re taking it out of exist- and other health professionals. Public Health Institute, Trust for America’s Then, last year, Congress passed and Health, The United Fresh Produce Associa- ing funds. I always thought that the tion. farmers of America were supported on the President signed a bill directing Mr. Chairman, I ask unanimous con- a bipartisan basis in this Congress and the USDA to make school meal re- sent to withdraw my amendment. that we like to know who our farmers quirements, for the first time, con- sistent with sound science and dietary The Acting CHAIR. Is there objection are. So I agree with the gentleman, and to the request of the gentlewoman I hope we can defeat this ill-considered guidelines issued by the Institute of Medicine. The bottom line: That would from California? amendment. There was no objection. I yield back the balance of my time. mean healthier food for our kids. It AMENDMENT NO. 24 OFFERED BY MR. ROYCE The Acting CHAIR. The question is would mean the cafeteria line would Mr. ROYCE. Mr. Chairman, I have an on the amendment offered by the gen- have more fruits and vegetables, more whole grains and low-fat milk, and less amendment at the desk. tlewoman from North Carolina (Ms. The Acting CHAIR. The Clerk will sodium and saturated fat. As in- FOXX). designate the amendment. structed by the law that we passed, The question was taken; and the Act- The text of the amendment is as fol- USDA wrote a regulation and received ing Chair announced that the ayes ap- lows: peared to have it. over 130,000 comments. Now, just when the process is wrap- At the end of the bill (before the short Mr. DICKS. Mr. Chairman, I demand title), insert the following: a recorded vote. ping up, my colleagues on the other SEC. 7XX. None of the funds made available The Acting CHAIR. Pursuant to side of the aisle want to use report lan- by this Act may be used to provide assist- clause 6 of rule XVIII, further pro- guage in this appropriations bill to ance under title II of the Food for Peace Act

VerDate Mar 15 2010 06:23 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.158 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4246 CONGRESSIONAL RECORD — HOUSE June 15, 2011 (7 U.S.C. 1721 et seq.) to the Democratic Peo- lect them after the monitors had left. but very large, agribusinesses, sub- ple’s Republic of Korea (North Korea). So North Korea is always going to sidies that are not in fact helping fam- The Acting CHAIR. The gentleman cheat. ily farmers, leading to greater consoli- from California is recognized for 5 min- Some assert that the North is hold- dation in production of agriculture, utes. ing food, holding food for the future, driving up land values, making it more Mr. ROYCE. Thank you, Mr. Chair- hoarding a million tons of rice. That’s difficult for new beginning farmers to man, very much. the charge we hear from South Korea, enter agriculture, and subsidies that A couple of quick points here. One, from members of their Parliament. But are not fiscally responsible. the administration is actively consid- the fact is that it’s an asset that is In light of the budget deficits that ering resuming food aid to North converted by the North. we’re wrestling with, what better time Korea. And I understand the humani- So I urge my colleagues to support to continue to move in the area of re- tarian impulse here, but the unusual my amendment for the sake of the form under the farm bill with this Ag- circumstances of North Korea make North Korean people. Providing this riculture appropriation bill, rather this a mistake—and make it a very bad aid not only allows Kim Jong-Il’s op- than waiting for the promise or hope mistake, frankly—which this amend- pressive regime to divert scarce re- that in a year or two in the reauthor- ment would correct. sources towards its military program, ization of another farm bill that this I remember the words of one North one that has grown increasingly institution might finally come around Korean defector, Kim Duk-hong. I had threatening, but it also delays the day and start making the long overdue a chance to talk with him. He said ac- when real structural reform will come changes. tually in testimony here before the to North Korea. Just to show you how perverted these committee, we must not give food aid There is a Korean saying that ‘‘pour- farm programs have gotten, recently to North Korea because it is, in his ing water into a cracked pot is worth- Brazil challenged our own domestic words, the same as providing funding less.’’ Sending resources to Kim Jong-Il cotton subsidy program and prevailed for North Korea’s nuclear program. is even worse. It’s enabling a regime in the WTO court. Now you would ex- Why is that so? Because what invari- with one of the world’s worst human pect our rational response would be to ably happens is they redirect these re- rights records but also with an atomic reform our cotton subsidy program, to sources into support for the regime. bomb. come into compliance with that WTO This week we had reports that North North Korea has played us like a fid- decision, to end these subsidies that Korea is making miniaturized versions dle for years. Conditions for North Ko- you really can’t justify here to our cot- of its nuclear weapons—ones that could reans have only worsened. It’s time for ton producers, and we would solve this fit atop ICBMs. That makes his state- a new North Korea policy. Let’s start problem. ment all that more dire about the redi- now. But that’s not the approach that was rection of these resources into the re- I ask my colleagues to support the taken. In fact, the administration re- gime’s hands. amendment. cently set up a new subsidy program The situation in North Korea is I yield back the balance of my time. that is now going to subsidize Brazil heartbreaking. I’ve been up there. I’ve Mr. KINGSTON. Mr. Chairman, I rise cotton producers. seen the depravation. But this is a dis- in support of the amendment. Let me repeat that. We are spending aster made by the dictatorship itself. The Acting CHAIR. The gentleman $147 million a year in order to bribe the And let me say unequivocally, the food from Georgia is recognized for 5 min- Brazilian Government so that they we send does not reach the hungry. utes. don’t enforce the sanctions that So, who benefits from our good will? Mr. KINGSTON. We have had a very they’re entitled to now because of our Well, the inner circle does and their difficult time with the Food for Peace unwillingness to reform our own cotton military industrial complex does. program already, and if this helps se- subsidy program. That is wrong, and We’ve had hearings in which the cure another supporter of the bill, we that is what my amendment would ad- French NGO Doctors Without Bor- certainly would work with you on this dress. It would prohibit the use of ders—we’re all aware of their good amendment and support it. funds through this Agriculture appro- work around the world. They testified I yield back the balance of my time. priation bill going to this new subsidy before the International Relations The Acting CHAIR. The question is program to subsidize the Brazil cotton Committee that the vast majority of on the amendment offered by the gen- industry. refugees they interview say they had tleman from California (Mr. ROYCE). It just shows you what a pretzel our never received any food aid. None of The amendment was agreed to. farm programs have turned this Con- the children they had ever met had AMENDMENT NO. 25 OFFERED BY MR. KIND gress into because of yet again the un- ever seen food aid during the years Mr. KIND. Mr. Chairman, I have an willingness for us to reform our own they worked up on the border. amendment at the desk. domestic title I subsidy programs. The And this testimony is backed up by a The Acting CHAIR. The Clerk will answer to this is not to funnel out an- survey of 500 North Korean defectors in designate the amendment. other $147 million a year until maybe which 78.2 percent of them never saw The text of the amendment is as fol- we address this in the next farm bill, foreign food aid. And the reason for lows: which could end up costing the Amer- this is because it goes, again, into the At the end of the bill (before any short ican taxpayer over a half a billion dol- black market. It is sold for the hard title), insert the following new section: lars, when we can make that correction currency that the regime needs for its SEC. ll. None of the funds made available now, reform the domestic program, get nuclear program and other programs. by this Act may be used to provide payments out from under the WTO decision, start (or to pay the salaries and expenses of per- saving money by not sending $147 mil- b 2100 sonnel to provide payments) to the Brazil lion a year to Brazil, and also start Some could argue that what we need Cotton Institute. saving some money by reforming our is more oversight and maybe better The Acting CHAIR. The gentleman own cotton domestic subsidy program. monitoring on this food. from Wisconsin is recognized for 5 min- That’s the solution to this. That’s Let me tell you about the testimony utes. something that we can fix tonight, we’ve heard on that, because the North Mr. KIND. Mr. Chairman, my amend- rather than continuing this facade of Koreans, I don’t think they’ve got a ment is very straightforward, and in a maintaining these programs that many word for ‘‘transparency.’’ No matter second I’m going to explain it in more of us warned in the last farm bill would how airtight any monitoring protocol detail. be challenged, and sure enough they may be, they cheat. We had a Tom For many, many years now, I and a did, and they’re prevailing, and now Lantos Human Rights Commission group of bipartisan Members of this they can apply economic sanctions hearing where a North Korean dis- Congress have formed a coalition in an against us. sident told us how the regime would attempt to move farm bill reform for- So the time to act is now, not wait- mark all the houses that had received ward, to try to end these large tax- ing for a year or two or whenever we’re bags of food and would return to col- payer subsidies that are going to a few, going to get around to reauthorizing

VerDate Mar 15 2010 05:01 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.079 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4247 another farm bill; and the time to start The trade war that is being pre- through the complexity, to layer ef- saving some real money is this night, vented, over $800 million worth of ex- forts here that cheat the American by passing the amendment that we’re ports to Brazil, protects a broad vari- consumer, that hurt the environment, offering. We can save $147 million, we ety of nonagricultural industries in and pose serious problems for inter- can reform the cotton subsidy program this agreement. This buys us time national trade. and save more taxpayer dollars, and we until the 2012 farm bill could get done. And my friend from Wisconsin is cor- have that ability to be fiscally respon- We cannot tonight nor should we to- rect. We were talking about this in the sible and start making changes to- night delve into a very complicated last farm bill, and we got our come- night. farm safety net program that has uppance, but instead of responding re- I know what the argument on the worked well for the American people. sponsibly in reducing or eliminating other side will be: wait for the next It is unquestioned that the American the illegal cotton subsidies, we’re shov- farm bill; we’ll take care of it then. people enjoy the safest, most abundant ing upwards of a half-billion dollars to Well, there is a lot that we are moving and cheapest food and fiber source in the Brazilian cotton industry, and I’ll forward on this year on deficit reduc- the world, in the developed countries; be prepared to argue, it benefits cotton tion, and I for one think that the farm and we do that because of the hard farmers. So we’re subsidizing two coun- bill should also be open for scrutiny for work, sweat equity, and risk-taking of tries because we fail to reach our re- potential savings to reduce our deficit. the American ag producer. They rely in sponsibilities now. But that’s not what’s being offered turn on a safety net that is relatively I sincerely think this is wrong. I tonight in reforming the title I subsidy complicated and interwoven across a think $147 million could go a long way programs. Instead, most of the deep bunch of things that make it help. towards helping the part of American cuts are coming under the conservation The budget that we did pass says that agriculture that grows food that we title, the nutrition programs, certain the farm bill will be written in 2012. I categorize as specialty crops who are key investments that we have to make understand my colleague’s disdain for dramatically shortchanged. to empower our farmers to be good the process of the Agriculture Com- I would like to yield the remainder of stewards of the land, to reduce sedi- mittee. He doesn’t like the Agriculture my time, if I could, to my good friend ment and nutrient flows and the im- Committee, he doesn’t like the work from Wisconsin, the sponsor of this pact it has on the quality water supply product that we come out with, but amendment. that we need in this country, the pro- that’s the group that knows the most Mr. KIND. Well, I thank my good tection of wildlife habitat. In fact, about the process of the safety net. friend from Oregon for his support of three out of every four farmers apply- the amendment and for his support ing for conservation funding assistance b 2110 throughout the years in trying to lead today are turned away because of inad- Doing this, what the gentleman the effort for meaningful farm bill re- equacy of funds. That number will only would like to do tonight, would disrupt form. explode because of the deep cuts com- that trade agreement and undercut the Mr. Chairman, there is another solu- ing in these other titles of the farm U.S. Trade Representative and his abil- tion to this that’s going to be offered bill. ity to negotiate around the world be- by our good friend and colleague from We have an opportunity to start cause he’s negotiated with a group who Arizona in just a little bit, Mr. FLAKE. making some changes under title I, the won’t stick by their word. He goes to the heart of the WTO deci- subsidy program, first by stopping the The 2008 farm bill put in place a 5- sion to find out what changes we additional layer of subsidy that’s been year contract, 5-year agreement with should be making in the cotton subsidy created where we’re starting to sub- the American ag producers, it goes to program to get out from under the sidize other countries’ farmers. Let’s the 2012 farm bill—2012 crop year, and thumb of Brazil, and I would support start making that change tonight. we ought to stand behind it and defeat that amendment, and I hope my col- I would encourage my colleagues to this amendment. leagues support his amendment as well look closely at this amendment. This is So the money does not go to farmers. because that is the ultimate solution the reasonable response that we should It does protect $800 million a year in to this: Instead of just cutting off the be taking. Let’s not defer this decision exports of nonagricultural exports that funding to Brazil right now, coming up any further. We can do that. And in- are imported to this country, including with the cotton subsidy reform. stead of encouraging any type of trade intellectual property rights that would Now, let’s remember the context in war or sanctions with Brazil, we should be abrogated if we back out of this deal which we find ourselves this evening. move forward in reforming the cotton that we’ve made with Brazil. So with Cotton payments are almost at a world subsidy program starting tonight. With that, I yield back the balance of that I respectfully request my col- record high price right now, yet these my time and ask my colleagues to sup- leagues to oppose the Kind amendment subsidies are still going out. There’s port this amendment. as being wrong-headed tonight. just very little relationship right now Mr. CONAWAY. Mr. Chairman, I rise I yield back the balance of my time. with the subsidies under title I to the in opposition to the amendment. Mr. BLUMENAUER. Mr. Chairman, I grain producers and cotton producers The Acting CHAIR. The gentleman move to strike the last word. of our country and the price they re- from Texas is recognized for 5 minutes. The Acting CHAIR. The gentleman ceive in the marketplace. And in a Mr. CONAWAY. Thank you, Mr. from Oregon is recognized for 5 min- time of tough budgets, when everyone Chairman. utes. else is being asked to take a haircut, My colleague is very passionate, but Mr. BLUMENAUER. I listened to my whether you’re a supporter of con- he is also very wrong. This money does good friend from Texas talk about de- servation programs or vital nutrition not go to Brazilian farmers. That’s ille- ferring yet again to the Ag Committee, programs for our children and seniors, gal for us to do that. What it does do, that somehow this payment goes to the for us to not even look and consider it does go to an institute that pro- Brazilian cotton industry and not to the title I programs in the context of motes Brazilian agricultural produc- the cotton farmers, a distinction with- this agriculture appropriation, it’s be- tion. It may be a fine line to distin- out a difference I would suggest. yond the pale. There’s just no justifica- guish there, but it’s inflammatory to I rise in support of my colleague from tion to it. say it’s going to Brazilian farmers, Wisconsin in this proposal. I’ve been in These programs are outdated. They that we’re doing that, and he knows it this Congress having watched three are impossible to justify with the and it is wrong, but it is a payment. farm bill reauthorizations, and each American taxpayer, especially with the It’s a payment negotiated by the time we find that there is expression deficit reduction that all of us are in- Obama administration in reaction to a on the floor of this Chamber for actual terested in participating in this year. loss at the WTO in order to buy time so reform. We’ve asked for limitations. This is a small, but I think significant, that a trade war with our 10th largest We are told well we just don’t—the step down the road of reform with the trading partner in the world doesn’t floor doesn’t understand; it’s too com- farm bill finding savings that can be erupt that has actually nothing to do plicated. Well, it is complicated and applied to either other programs or for with ag protection. twisted because this is an effort to try, deficit reduction.

VerDate Mar 15 2010 05:01 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.167 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4248 CONGRESSIONAL RECORD — HOUSE June 15, 2011 That’s why I commend my colleague the Treasury and raid the taxpayers But that is what it’s going to take for from Arizona for the amendment he’s once again. And guess what? That this body to come together if we are about to offer, but my friend from Or- passed in committee but was stricken going to be serious about deficit reduc- egon, too, will have some important when it came to the floor. tion and getting the spending under amendments for us to consider, a pay- So when you hear all this rhetoric control. about, hey, we want to be trade compli- ment limitation limiting the overall b 2120 amount of subsidies that go to our pro- ant, we could have done that. We could ducers. And folks, this is going to agri- have simply allowed that amendment I know that the Agriculture Com- business, many of whom have mailing to stick in the bill, and then this would mittee has their hands full, and I know addresses in Manhattan, in Chicago, in have been trade compliant. But the they would rather just defer this next San Francisco. These aren’t even fam- Brazilians would have been paid off not decision until the next farm bill and ily farmers working the land, and with new taxpayer money but with the put it off. But we don’t know when they’re some of the primary recipients money that is making us non-trade that’s going to be. But the thing we do of these agriculture subsidies. compliant in the first place. know for certain is there is $147 million Mr. BLUMENAUER’s amendments ad- So don’t believe what you’re hearing going out the door every year right dress that, along with Mr. FLAKE’s AGI about, we just want to be trade compli- now that we can stop doing tonight cutoff at $250,000 a year. That’s 250 ant; that’s what this is about. We of- with the passage of this amendment. thousand dollars of profit, and if you’re fered an alternative to that, and it was Mr. FLAKE. I just want to make a an entity making a profit of over a rejected. And so here we are asking the point that everybody needs to take a quarter-million dollars a year, should taxpayers to once again this year, $147 haircut here if we are going to get this you really still be receiving taxpayer million to the Brazilians to make us debt and deficit under control. We subsidies for the business that you’re trade compliant. We’ve got to stop shouldn’t ask the taxpayers once again running? I think not, and we’ll have this. to pay off the Brazilians so we can con- another opportunity to consider that Nobody really believes that we’re tinue out-of-step subsidies to our own later tonight. going to do a farm bill this year. No- farmers. So I appreciate the gentleman yield- body really believes we’re going to do We have a cotton industry in Ari- ing me this time and further explaining one next year. And so we’re going to be zona. They may take a hit because of what this amendment is all about. And doing this year after year after year, so this, but everybody has to take a hair- if we are serious about deficit reduc- that means that we’re going to con- cut. Everybody has to contribute here tion, if we are serious about reining in tinue to do this unless we stop it. I can to getting this deficit and this debt some of these programs that are tough tell you if we pass the Kind amendment under control. And if we can’t start to justify, then we should be serious tonight, we will be back and we’ll re- with a program like this, I don’t know about supporting this amendment to- form our cotton subsidies in a way that where we’ll start. night. will make us trade compliant. We’ll go After this amendment, I plan to offer Mr. BLUMENAUER. And Mr. Chair, back and accept the Flake amendment an amendment that will go after the on that note I, too, commend what my that passed in the Appropriations Com- programs that actually make us friend from Wisconsin is doing. I look mittee that perhaps took the money nontrade compliant. I will be glad to forward to the comments from my from the cotton program. give up on that amendment, not offer friend from Arizona. If we’re serious We don’t need to continue to ask the it at all, if this amendment is allowed about reform and saving money, it’s taxpayers to pay off the Brazilians so to pass. But if it is called for the time to move in this area. that we can continue out-of-step sub- ‘‘noes,’’ then I plan to offer the amend- I yield back the balance of my time. sidies to our own farmers. That’s what ment after this. Mr. FLAKE. Mr. Chairman, I move to this amendment is about. I commend With that, I yield back the balance of strike the last word. the gentleman for offering it. my time. The Acting CHAIR. The gentleman And I would yield to the gentleman Mr. PETERSON. Mr. Chairman, I from Arizona is recognized for 5 min- from Wisconsin. move to strike the requisite number of utes. Mr. KIND. I appreciate the gen- words. Mr. FLAKE. Mr. Chairman, I rise in tleman yielding, and I appreciate his The Acting CHAIR. The gentleman support of the Kind amendment. I com- support of this amendment and the from Minnesota is recognized for 5 min- mend the gentleman from Wisconsin leadership that he’s shown not only in utes. for offering this. committee but throughout the years Mr. PETERSON. Mr. Chairman, you You know, we’ve heard here that we when it comes to sensible farm bill re- know, this is kind of a surreal debate need this program to make us trade form. because I don’t think we’re talking compliant. Many of us warned when we The easiest way for us to come into about the real issue here. You know, did the last farm bill that if we did this trade compliance isn’t by bribing the the cotton program isn’t perfect. A lot level of subsidies that it would run Brazilian government to get them to of the programs that we have in the afoul of our trade agreements. Yet we not enforce the sanctions that it can Agriculture Committee aren’t perfect. plowed ahead and did it anyway. And under WTO; it’s fixing this domestic Freedom to Farm, it was passed in ’96. then April of last year is when our program, and doing it now rather than It got us into some of these problems. farm programs, which on their best day waiting years from now, as my col- I opposed. It saved a little bit of are out of step with reality, moved into league just pointed out, for the next money, and then we ended up spending the realm of the absurd when we farm bill. I know this isn’t easy, and I 10 times as much money bailing people hatched a program to actually fund an know the committees wrestles with a out when it collapsed. So you have got institute in Brazil to fund the cotton lot of different constituent problems. I to be careful what you are doing. industry there to start subsidizing the used to serve on the committee. But the problem here is, we’re argu- Brazilians so that we could continue to I’m not asking anyone here tonight ing about something that no longer ex- subsidize our own farmers. Is that not to do anything differently than what ists. This program that they sued us absurd? Why are we continuing to do I’m asking my producers to do in my under no longer exists. We have fixed it this? district of Wisconsin and in my State, two or three times. We tried to address It was raised before that we’ve got to and that’s taking a haircut. The re- this. It was never good enough for the do this to make us trade compliant forms that I’ve been proposing through Brazilians. But we made some changes, now where tariffs might be imposed. the years would require my district to and we made some more changes, and That is true, but I offered an amend- take a haircut on these agriculture then we made some more changes in ment in the committee earlier on that subsidies. It’s not always easy standing the 2008 farm bill. It’s still not good would have taken money from the di- up to groups that are getting some- enough for them. rect payments that we currently pay to thing from the government and saying Cotton went through some very dif- cotton farmers and paid off the Brazil- we can’t afford it, nor can we justify it, ficult times. I don’t have any cotton in ians with that money rather than raid with the market and with the deficit. my district. This is not a parochial

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.170 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4249 issue for me. But if they wouldn’t have The Acting CHAIR. The gentleman Let the Ag Committee in regular had that safety net, we would have from Oklahoma is recognized for 5 min- order craft the policy, and then when been out of the cotton business. But utes. we bring it to the floor—all of our what was going on at the same time? Mr. LUCAS. Mr. Chairman, I rise in friends, expert ag economists, we all We had Brazil using government money opposition to this amendment. may be together—you will have your to increase cotton production in Brazil. I want to return for a moment, I shot, as you’ve had before. But please And this is something that isn’t con- think, to the focus of the discussion. I don’t incite a trade war. Please don’t sidered in the WTO because we are such want to be absolutely clear. If this ignore the regular order of appropria- geniuses that we agreed to this agree- amendment passes, it will—it could in- tion authorization. Please be rational ment that tied our hands and gave our cite a trade war. Brazil could imme- in what you do. We’ve got tough deci- competitors the ability to eat our diately impose $800 million in retalia- sions ahead of us. Collin and I and the lunch. And that’s what’s going on. tory tariffs on a variety of U.S. goods. rest of the committee, we know that. I promise you, they won’t retaliate You know, JBS, which just took over We’re going to do what we have to do. against U.S. agricultural products. a big part of the livestock industry in But let us do it in regular order, not in They’ll go after ag chemicals and bio- this country, is financed by the Bra- this fashion. technology products. And they’ll go zilian Government. They own 30 per- With that, Mr. Chairman, I yield after veterinarian medicines and soft- cent of JBS. Nobody complains about back the balance of my time. ware and books and music and films. that. The Brazilian Government cre- Mr. BISHOP of Georgia. I move to They’ll go at everybody outside of pro- ated most of this competition that col- strike the requisite number of words. duction agriculture with their $800 bil- lapsed the cotton prices worldwide. The Acting CHAIR. The gentleman is lion in retaliatory tariffs. recognized for 5 minutes. And then we agreed to let China into Now, we can debate how we got here; Mr. BISHOP of Georgia. Let me just the WTO, and they promised that they and my colleague, the ranking mem- say this: Georgia is the second-largest weren’t going to go into cotton produc- ber, gave a very good history of what cotton-producing State. It accounts for tion. We shipped our textile market to led us to this point. But this amend- approximately 10 percent of the U.S. China and collapsed all of our textile ment right here, right now would ex- cotton production. In 2011, Georgia industry. And what happened? They in- pose the U.S. to job-killing sanctions farmers intend to plant almost 1.5 mil- creased production like crazy. India in- on goods valued at $800 million. creased production like crazy. Our cot- In 2010, the Obama administration fi- lion acres of cotton. ton prices went down below the cost of nalized a framework agreement with b 2130 production because of these trade Brazil that was a critical step in re- The average farm-gate value is more agreements that we got involved in. solving this dispute about the U.S. Up- than $600 million. There are approxi- But the way they’re structured, there’s land Cotton Program and export cred- mately 2,800 businesses directly in- nothing we can do about it. But they’re its. And, yes, under the agreement, volved in the production, processing, going to sue us over a little step two Brazil agreed to delay trade sanctions, and distribution of cotton. Accounting program that we now got rid of, trying trade retaliation until the 2012 farm for the broader economic effects, the to keep our people in business. bill was developed and put together. Georgia cotton industry supports more Now, if you want to ship the whole This amendment would circumvent the than 46,000 jobs, and it generates eco- cotton industry to Brazil and China legislative process in what could only nomic activity of approximately $11 and India, you are on a good start to be described as a haphazard way that billion. doing that. And if you keep on this should be a relic of the past. Now, the proponents of these amend- This amendment is an attempt to cir- road, you’re going to ship the rest of ments target provisions in the cotton cumvent regular order, the democratic agriculture to these so-called devel- programs that are at the center of a policy process, by changing policy on oping nations that are not developing WTO trade case which Brazil has nations. If you’ve been to Brazil, in ag- an appropriation bill. Now, I can assure you, I plan and we will have a full and against the United States. The U.S. riculture, they are anything but a de- and the Brazilian Governments have veloping nation; but they’re protected open process when we start the farm bill debate. We’ll debate the relevant scheduled a series of consultations de- under the rules that we agreed to in signed to identify the modifications in this WTO deal. issues dealt with in this amendment. And on that note, I would serve a no- policy that will resolve the case. The So is this a perfect solution? No. But intention is to reach agreement on we couldn’t get the Brazilians to hon- tice for record that next week, we plan to start the process of conducting an carefully thought-out provisions that estly sit down and work this out be- can be included in the 2012 farm bill. cause they don’t want to. They’re try- audit of all farm programs. This audit is just the beginning of the comprehen- These hastily drafted amendments ing to use this for other reasons, for are not guaranteed to resolve the dis- other advantages in these trade nego- sive and transparent process we’ll use to draft the 2012 farm bill. Policy pute, 1, since the U.S.-Brazil consulta- tiations and so forth. And I don’t think changes will be considered carefully tions have not resulted in any specific we can ever do anything to satisfy with the input from industry stake- agreement and, 2, since these ap- them. holders and constituents and within proaches will certainly undermine the So there’s more to this than people the larger context of improving the future discussions as the two countries are talking about here. This is not competitiveness and long productivity attempt to reach a final resolution about saving money. This is about of American agriculture. that’s fair and that is reasonable. making sure that we can have a safety Let’s not incite a trade war. Let’s re- The amendments target cotton farm- net in this country so we can maintain turn to regular order. And if nothing ers in an effort to reduce government production of agriculture in the United else, my friends, remember, this bill is spending. The 2008 farm bill, including States and not ship it all to other 13 percent lower than the previous the cotton provisions, was fully paid countries and not get dependent on for- spending bill. This Ag approps bill for, offset, and did not add one single eign countries for our food, like we’ve takes us almost back to 2006. We are dime to the deficit. They cite the years become dependent on foreign countries giving our share in this appropriations in which the government’s support for for our energy. That would be the process. And everyone in this room cotton was historically high, but they worst thing that could happen to us. knows that whether it’s the regular ignore the years when the support ac- So I just hope people understand all farm bill next summer or if we have tually is at historic lows. We need to of the different ramifications. This some grandiose understanding on the maintain the safety net so that it’s isn’t a perfect deal; but for the time national debt ceiling and spending, the there when it’s needed but not utilized, being, it’s probably the best solution deficit, we could well have a farm bill as it hasn’t been recently, when it’s not that we can come up with. dramatically quicker than next sum- needed. I yield back the balance of my time. mer, and we’ll have a farm bill that re- Farmers understand the current Mr. LUCAS. Mr. Chairman, I move to flects a dramatic reduction in re- budget pressures. They understand that strike the requisite number of words. sources compared to past farm bills. very well. But they expect to be a part

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.174 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4250 CONGRESSIONAL RECORD — HOUSE June 15, 2011 of a debate involving all of the agricul- us until next year to get that farm bill going to pay the tribute. We’re not tural stakeholders, and not be singled out, and we will address it. going to borrow the money from China. out for ad hoc budget reductions with Even though it didn’t rise to the We’re not going to send it to Brazil. hasty policy decisions. point of order, this really does rise, in Let’s see what they do next. And These proposed amendments would my opinion, to the level of legislating maybe we can blow up this thing called nullify the basic component of cotton within an appropriations bill. the WTO and get back to something policy. If these amendments are en- I don’t like spending the money. I that protects our national interests. acted, they would take effect October don’t like sending it offshore. But we I yield to the gentleman from Wis- 1, and, as a result, USDA would have to cannot change the rules in the middle consin. change the cotton program rules in the of the game. We cannot move the goal- Mr. KIND. I thank the gentleman for middle of the marketing year and posts for our farmers, many of whom his comments in support of this amend- change them back effective October 1, are small, private farmers who have ment. And just one final point to my 2012. This would undermine the con- built their future, taken out loans, de- colleagues who have been supportive of fidence in commodity programs, espe- cided to buy more land, decided to buy trade agreements in the past. cially among agricultural lenders. more equipment, based all their busi- Let’s be honest with ourselves. If This would compromise our agri- ness decisions on the promise that this we’re going to be a part of this WTO or- culture policy, a policy that has been government made to them in the last ganization to establish rules of trade vetted very carefully by our author- farm bill. And changing the rules at across borders, then let’s not turn our izing committees and relied upon by this point is absolutely wrong, and I back on an adverse decision that af- our growers and our lenders in making encourage my friends and my col- fects us. Let’s, instead, comply and their business decisions going into 2012. leagues to vote against this amend- bring the cotton subsidy program into The reauthorization of the farm bill in ment. compliance. That is the answer to this. 2012 is the proper forum to debate the I yield back the balance of my time. And let’s end this nonsense of stacking cotton agriculture policy, not here on Mr. DEFAZIO. I move to strike the subsidy program on top of subsidy pro- this appropriations bill. last word. gram to just buy off and blackmail We have got to do what is right in The Acting CHAIR. The gentleman other governments who have a WTO de- regular order. This is not the time. It’s from Oregon is recognized for 5 min- cision in their hands. And I cannot believe that this not the place. And what we’re doing to- utes. evening, when we’re asking for huge, night, if they go forward with this, is Mr. DEFAZIO. The gentleman that unprecedented cuts in conservation pulling the rug out from under our cot- preceded me said we lost a lawsuit. We programs that will affect thousands of ton farmers and our agriculture when didn’t lose a lawsuit. If he knows any- farmers throughout the country and they have made financial plans thing about the WTO dispute resolu- unprecedented cuts with nutrition pro- through 2012. It is unfair; it’s not right, tion process, no conflict of interest, no open litigation, no legal proceeding as grams that will affect thousands of and we should not do it. low-income families with their chil- I urge my colleagues to reject these we in the United States of America un- dren, and seniors, saying, ‘‘Tough luck. amendments. They are ill-advised. derstand it. A closed group with no We’re operating under tough budget I yield back the balance of my time. conflict-of-interest rules that makes times. You’re just going to have to do Mr. FARENTHOLD. I move to strike rulings. And they have decided that we, without,’’ when it comes to a simple the last word. under this failed trade policy, should amendment like this to save $147 mil- The Acting CHAIR. The gentleman pay tribute, tribute, more than we paid lion a year to bribe Brazil cotton pro- from Texas is recognized for 5 minutes. to the Barbary pirates—$147,300,000 a ducers and an unwillingness to go into Mr. FARENTHOLD. I would like to year to the Government of Brazil so we the title I subsidy programs for cost speak in opposition to this. can subsidize our cotton farmers. savings, then what the heck are we The ranking member gives a great Now, you go home and explain that doing around here? history lesson on how this comes out. to your constituents. We’ll borrow The previous farm bill—passed by pri- $147,300,000 from China and we’ll send it b 2140 marily Congress controlled by your to Brazil so we can subsidize our cotton It is just beyond the pale that we’re side of the aisle—created a situation farmers. willing to take the deep cuts—and the with our cotton subsidies that has What is this all about? It is about a chairman of the Agriculture Com- caused a problem with Brazil, and we totally failed trade policy. And at some mittee claimed a 12 percent cut in the are trying to work it out. point, this Congress has to take a farm bill, but he didn’t say where those My colleagues on this side of the stand. cuts were coming from. I’ll tell you aisle and many of the colleagues on the RON PAUL and I, a number of years where it’s not coming from. It’s not other side of the aisle are also con- ago, 3 years ago—we get to do it once coming from these subsidy programs. cerned that this government as a every 5 years—offered an amendment It’s not coming from the cotton sub- whole, through the regulatory process, to withdraw the United States of sidy program that has gotten us into picked the regulatory agencies, mak- America from the WTO. That will come this problem. A handful of powerful ing it very difficult and unpredictable up soon. I hope you’ll all support it. It cotton families are holding this insti- for businesses by changing the regu- is something that binds us and is de- tution hostage in order to maintain latory environment. stroying our industries, our farmers, these subsidy programs that have bene- Our businesses are holding back, not and everything else that’s great about fited them for too long. Talk about investing, not creating jobs. But we’re this country. I voted against the WTO. benefiting the few at the expense of the about to do the same thing ourselves This isn’t about so much as a failed many; this is the classic example of right here with this amendment by farm policy or farm bill, as the gen- this Agriculture appropriation bill be- yanking the rug out from under our tleman outlaid. It’s about totally failed fore us this evening. We can do a heck cotton farmers, who have built their trade policies. of a lot better. businesses, made their plans based on Other countries want to protect their Mr. DEFAZIO. I will reclaim my time the promise of the last farm bill. agricultural interests. They want to to say we may have some differences You know, I love to save money for feed their own people. They don’t want over the underlying trade agreement this government. I’m none too happy to import polluted food from China. and the mandates and the process to see this money going to Brazil. But We’ve opened up our country to pol- which got us to this point, but I agree, we basically lost a lawsuit and we’re luted foods and goods from China and subsidies—or bribes—on top of sub- having to pay the damages. And we’re Brazil and everyplace else in the world sidies is insane in these tough budget going to fix it in the regular order with the WTO and these trade agree- times. without yanking the rug out from ments. They don’t observe them. We go And I would just note that we’re under the farmers, who are the back- and we lose this dispute and say, oh, going to be confronted very soon with bone of this country, by changing the we’ve got no choice but to pay. We another limitation amendment on an- rules in the middle of the game. Give have a choice. Let’s not pay. We’re not other bill where we’re going to have a

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.176 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4251 choice: We’re going to abandon the resolve this issue that doesn’t hurt anced meals. Of course, potatoes were a part American trucking industry to Mex- America and jobs, in fact protects our of that equation. You all know that they are full ico—which is, again, exacting tribute American intellectual property rights of potassium, vitamins C and B6, potassium, from the U.S., $4 billion a year worth in Brazil and other countries. fiber, and antioxidants. I cannot understand of tariffs, to try and drive our compa- This is an issue of doing it the smart why the USDA would want to reduce school nies south of the border to use Mexican way. I oppose this amendment. I urge children’s consumption of potatoes. drivers. our colleagues to continue to work to- I think that it is short sighted for the USDA So time and time again these trade gether to resolve this issue in a smart to ignore the health benefits that the potato agreements are failing us. I think it’s way for our economy and a smart way provides. When looking at how to incentivize bigger than the problem of the sub- for our jobs. healthier eating habits, we in Congress need sidies in the farm bill, and this Con- I yield back the balance of my time. to find a way to encourage and educate pro- gress needs to pay attention. One way The Acting CHAIR. The question is gram recipients to eat balanced meals. or another, we’re either going to get on the amendment offered by the gen- I think it is very important to make sure that real about our deficits and what’s real- tleman from Wisconsin (Mr. KIND). children receive balanced meals, and that cer- The question was taken; and the Act- ly essential to the American people— tainly includes potatoes. feeding our people, clothing our people, ing Chair announced that the noes ap- I, along with forty-one of my colleagues sent and putting American people to work— peared to have it. a letter to the USDA asking a number of ques- Mr. KIND. Mr. Chairman, I demand a or we’re going to abandon ourselves to tions about this proposed rule. Mr. Speaker, recorded vote. this failed notion of the WTO and other The Acting CHAIR. Pursuant to without objections, I would like to submit a trade agreements. clause 6 of rule XVIII, further pro- copy of this letter to the RECORD. Mr. Chairman, I yield back the bal- ceedings on the amendment offered by Mr. Chair, potatoes, lima beans, peas, and ance of my time. the gentleman from Wisconsin will be corn are all healthy vegetables that should Mr. BRADY of Texas. Mr. Chairman, postponed. certainly be in the School Breakfast and Lunch I move to strike the last word. Mrs. SCHMIDT. Mr. Chairman, I Programs. The Acting CHAIR. The gentleman is move to strike the last word. Potatoes are an excellent source of potas- recognized for 5 minutes. The Acting CHAIR. The gentlewoman sium and good source of fiber. According to Mr. BRADY of Texas. Mr. Chairman, from Ohio is recognized for 5 minutes. the USDA’s own magazine, Amber Waves, the world has changed. It’s not enough Mrs. SCHMIDT. Mr. Chairman, a few potatoes deliver these nutrients at a very low to simply buy American anymore, we moments ago my friend from Cali- cost. have to sell American. We have to sell fornia had an amendment that she did FNS has estimated that the proposed rule our American agriculture products, our withdraw that really wanted to codify would increase the cost of school meals by technology products and services all into law the USDA’s rules regarding $6.8 billion over the next five years. Per meal, throughout the world. But oftentimes, the school lunch program. And while I the cost will increase by 14 cents per lunch when we compete, we find much of the won’t go into the lengthy reasons why and fifty cents per breakfast. world is tilted against us. Other coun- it’s the wrong way to go for nutrition— Mr. Chair, school districts and states across tries cut agreements to make it tough not just the cost that it bears to the the country are already cash-strapped and for us to sell. That’s why we are in- schools, but also the fact that USDA cannot afford this increased cost. volved in the World Trade Organiza- was recommending reducing the con- This additional burden will be passed onto tion, to insist that other countries play sumption of potatoes, corn, peas and students paying full price for their meals. by the rules, but that means America lima beans to just one serving a week— While I agree with the intent of the USDA to has to play by the rules as well. which believe me I was shocked. But it encourage the consumption of more fruits and We lost this case in the WTO. So the wasn’t just myself that had this reac- vegetables, whole grains, and lean proteins— question today isn’t about cotton sub- tion; it was also the California Fruit restricting the consumption of nutritious vege- sidies or even saving money; it’s about Growers Association, it was the Na- tables like potatoes, lima beans, peas, and the smart way to address this issue tional School Boards Association, it corn is short-sighted and not the most effec- that protects American jobs. was the Council of the Great City tive approach to achieve that goal. Now I am very sympathetic to this Schools that wrote a letter. And that’s I encourage my colleagues to vote no on amendment. Paying Brazil nearly $12 why I and 40 other colleagues wrote to this amendment and instruct the USDA to million a month is not the right way to Mr. Vilsack of the U.S. Department of issue a new proposed rule on implementing resolve this issue, and I agree with Agriculture in reaction to the promul- the new national nutrition standards for the that. In fact, America should simply gation of these rules. School Breakfast and School Lunch Programs. live up to its WTO obligation and insist I will enter into the RECORD the tes- CALIFORNIA LEAGUE OF that others do the same as well. timony I was going to give until she FOOD PROCESSORS, The settlement that’s in place today withdrew the amendment, as well as Sacramento, CA, June 15, 2011. Hon. LYNN WOOLSEY, is necessary to prevent Brazil from im- these four letters. posing almost $1 billion of new tariffs, Rayburn House Office Building, House of Rep- Mr. Chair, I rise in opposition to this amend- resentatives, Washington, DC. new taxes on American products when ment. Breakfasts and lunches served in we try to sell them into Brazil. And it’s DEAR REPRESENTATIVE WOOLSEY: The Cali- schools are important components of the diets fornia League of Food Processors (CLFP) re- not just agriculture products. As you of school age children. Improving the nutri- spectfully opposes your amendment to the heard Chairman FRANK LUCAS talk, he tional profile of meals served to school chil- FY 2012 Agriculture Appropriations bill, H.R. made the point that not only can dren is very important. 2112, prevent the Agriculture Department Brazil penalize our ag products, they When the USDA proposed a rule that elimi- from reissuing more reasonable and cost ef- can tax and tariff a broad range of nated potatoes from the School Breakfast pro- fective proposed regulations on the school breakfast and lunch program. products, especially America’s innova- gram and limited the School Lunch program to tion economy. So in your State, if you CLFP has concerns about USDA recom- one cup a week of potatoes, I was very con- mending school breakfast programs elimi- have companies that produce pharma- cerned. nate ‘‘starchy vegetables’’ and proposing re- ceuticals, medical devices, business On the Agriculture Committee, I have made strictions on the use of tomato paste and software, technology, anything in the it frequently known how important healthy liv- cheese. As I’m sure you remember CLFP innovation sector of America, your ing and nutritious eating habits are to me as members account for 95% of the fruits and companies and your workers face the a person, a mother, a grandmother and as a vegetables canned, frozen and dehydrated/ loss of jobs and the loss of product legislator. It is especially near and dear to my dried in California and this repersents more sales because of this issue. heart when we discuss policies that affect chil- than 35% of U.S. production. For a number of preserved food products, California produces So the smart way to handle this is to dren’s nutritional needs. deal with this not only in the farm bill, 100% of U.S. output, for example tomato When I heard that the USDA recommended paste. These new USDA restrictions could but at the WTO today, insisting that as reducing the consumption of potatoes, corn, potentially mean the loss of millions of dol- we end these cotton subsidies, other peas, and lima beans—I was shocked. lars in sales of vegetables, fruit and cheese countries end their agricultural sub- When my daughter was growing up, I took to the national school program. Its negative sidies as well. That is the smart way to great care to ensure that she ate healthy, bal- effects would ripple throughout the industry,

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from farmers, dairymen, package manufac- COUNCIL OF THE CONGRESS OF THE UNITED STATES, turers, etc. The cost impact of this rule on GREAT CITY SCHOOLS, Washington, DC, May 5, 2011. our schools and food producers should be Washington, DC, June 14, 2011. Hon. TOM VILSACK, considered by USDA. Affirmative changes to HOUSE OF REPRESENTATIVES, Secretary, U.S. Department of Agriculture, the meal plan relative to starchy vegetables Washington, DC. Whitten Building, Independence Avenue, limits and tomato serving calculations DEAR REPRESENTATIVE: The Council of the SW, Washington, DC. would go a long way to fixing the cost issues Great City Schools, the coalition of the na- DEAR SECRETARY VILSACK: Breakfasts and that are concerning to schools. tion’s largest central city school districts, lunches served in the school setting are im- CLFP supports your efforts to help ensure writes to call your attention to the proposed portant components of the diets of school school kids have access to healthy and nutri- federal School Meals regulations that will age children. Improving the nutritional pro- tious meals. However, we urge you to allow cost an additional $6.8 billion, and the pos- file of meals served in schools and maintain- USDA to ensure the new rule on school sible amendment to the FY 2012 Agriculture ing participation rates are important prior- meals is cost neutral and resist efforts by Appropriations bill, H.R. 2112, by Represent- ities. We share your commitment to contin- USDA to proclaim vegetables and other ative Woolsey that would prevent the Agri- ually improving the contribution of the healthy foods ‘‘good’’ or ‘‘bad’’. culture Department from reissuing more rea- school meal to the nutritional needs of Very Truly Yours, sonable and cost effective proposed regula- school children and to encourage healthy ED YATES, tions pursuant to the Committee report. The lifestyles for children that are built on a President and CEO, Great City Schools strongly opposes the foundation of sound nutrition and physical Woolsey amendment. activity. NATIONAL SCHOOL Many of the nation’s largest urban school USDA recently published a proposed rule BOARDS ASSOCIATION, on school meal plans to reflect the Dietary Alexandria, VA, June 14, 2011. districts have been among the leaders in im- proving the nutritional content of school Guidelines. That proposal was based in great Re: H.R. 2112—FY 2012 Agriculture Appro- part on a study by the Institute of Medicine priations Bill. meals and snacks provided to our students. Yet, our school districts are extremely con- (IOM) commissioned by USDA. The recently MEMBER, cerned that USDA is proposing new federal released 2010 Dietary Guidelines identified House of Representatives, Washington, DC. school meals requirements costing an addi- potassium, fiber, vitamin D and calcium as DEAR REPRESENTATIVE: The National tional $6.8 billion, with over $5 billion in un- nutrients of concern for all Americans, in- School Boards Association (NSBA), rep- reimbursed costs shifting on to school dis- cluding school age children. Changes to the resenting over 90,000 local school board mem- trict budgets. The newly proposed school school meal plans should take steps toward bers across the Nation, is deeply committed breakfast program requirements alone would increasing the consumption of these key nu- to fostering a healthy and positive learning cost $4 billion, with the federal government trients by increasing student access to fruits environment for children to achieve their providing not one-cent of additional federal and vegetables that are either ‘‘excellent’’ or full potential. However, NSBA is gravely ‘‘good’’ sources. concerned about the financial impact of the reimbursement for these additional meal costs. The Council is skeptical that our for- Changes to the school meal plans must recent child nutrition reauthorization (P.L. consider the constraints faced by school 111–296) on school districts at a time when mal regulatory comments recommending over $4.5 billion in cost-saving changes to the lunch providers. School lunch providers need many are in dire economic straits. There- to offer nutritious affordable options that fore, NSBA supports report language accom- rule will be accepted by USDA. Before the Education and Workforce Com- children will eat and that will encourage panying the FY 2012 Agriculture Appropria- continued high rates of participation in both tions bill that directs the U.S. Department mittee, the San Diego Unified School Dis- trict explained that they were already meet- breakfast and lunch programs. For many of Agriculture (USDA) to propose new rules children, the school meals are their prime that do not create unfunded mandates for ing all of the proposed new school meal nu- source of nutrition for the day. Changes that school districts. tritional standards, with the exception of the For example, the USDA estimates a cost future sodium requirement, but that the discourage participation will reduce the increase of 14 cents per school lunch under school district would have to scrap its Nutri- overall health and wellness of American chil- new proposed standards for school meal pro- ent-based School Meals program (as would dren. As we continue to follow the development grams, even though the available reimburse- 30% of the nation’s school districts) and in- of the next generation of school meal plans, ment increase is just 6 cents. A district serv- stitute the new meal system required under we would appreciate your thoughts on the ing free and reduced price lunches to 5,000 the proposed USDA regulations, at the addi- following questions: students faces a potential shortfall of $72,000 tional cost of over $4 million annually to the annually under this scenario. The Depart- In the proposed rule, USDA indicates that district. School nutritionists and food serv- implementation of the proposal will result in ment recommends a number of cost-shifting ice directors point out in regulatory com- measures to address the shortfall (such as in- $6.8 billion in increased costs over five years ments that many of the newly proposed and that small entities will incur 80 per cent creased student payments, increased state school meals requirements are unnecessary, and local funding, and operational changes), of that increase. Do you have estimates on excessive, costly, or counterproductive in the impact of these cost increases on partici- that are unrealistic and unconscionable the case of the regulatory prohibition on given the current economic realities for pation among reimbursed, partially reim- well-tested nutrient-based school meal sys- bursed and paying participants? many states and communities. tems. School districts have already closed build- Potatoes are rates as an ‘‘excellent’’ source Congress unfortunately shortcut the legis- ings, terminated programs and laid off teach- of potassium and a ‘‘good’’ source of fiber. lative process in passing the Senate’s version ers due to eroding local, state, and federal According to a recent article in the March of the Child Nutrition reauthorization bill in resources. Every dollar in unfunded man- 2011, USDA magazine, Amber Waves, pota- the lame duck session of the 111th Congress. dates in the child nutrition reauthorization toes deliver these nutrients at a very low The House child nutrition bill was not con- must come from somewhere else in the edu- cost. What is the rationale for eliminating sidered by the full House, and in fact there cational system and result in more layoffs, potatoes from the breakfast meal and lim- was no floor debate on the Senate child nu- larger class sizes, narrowing of the cur- iting them to one cup a week when they pro- trition bill, which was adopted by unanimous riculum, elimination of after-school pro- vide cost effective access to two key nutri- consent prior to the August 2010 congres- grams, and cuts to other program areas, in- ents of concern identified by the IOM? cluding school food services. sional recess. Without a full legislative proc- By limiting access to potatoes and other The new meal standards are just one of ess, the extent of the unreimbursed costs re- starchy vegetables, the proposed meal plans many provisions of P.L. 111–296 being imple- flected in the USDA regulations, already seem to advance the notion that this will in- mented over the next two-to-three years and under development for multiple years, was crease the consumption of the orange, green will impose additional costs on school dis- not fully examined. The drumbeat of celeb- and other types of vegetables otherwise of- tricts. The reauthorization is a hollow prom- rities and food advocacy groups promoting fered. Is there science to support the theory ise to our children when it comes at the ex- healthier lifestyles, and anti-obesity pro- that consumption of orange, green and other pense of the education that will help them to grams drowned out the practical consider- types of vegetables will increase is offered succeed. ations of cost-effectiveness and local budg- more often? What science exists that meas- Therefore, NSBA supports report language etary realities faced by each of your school ures this type of vegetable menu change on accompanying the FY 2012 Agriculture Ap- districts in this economic downturn. nutrient delivery? propriations bill that directs USDA to pro- A NO vote on the Woolsey amendment pro- The starchy vegetable category includes pose new rules that do not create unfunded vides an opportunity to underscore the Ap- vegetables with a variety of nutritional mandates for school districts. Questions re- propriations Committee report that the Ag- characteristics. What are the key character- garding our concerns may be directed to riculture Department should withdraw its istics that USDA identified which link the Lucy Gettman, director of federal programs overreaching new federal school meals rules, vegetables placed in this category, and how at 703–838–6763; or by e-mail at and reissue a more realistic and workable are they distinct from other vegetables ex- [email protected]. proposed regulation. cluded from the starchy vegetable category? Sincerely, Sincerely, According the nutrition experts, bananas MICHAEL A. RESNICK, MICHAEL CASSERLY, and potatoes are very similar in their nutri- Associate Director. Executive Director. tional makeup. This goes beyond both being

VerDate Mar 15 2010 06:23 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.102 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4253 rich in potassium. It includes similarities in The Acting CHAIR. Is there objection The legislation, unfortunately, does carbohydrates, dietary fiber and other nutri- to the request of the gentleman from cut the food safety budget, and it cuts ents. Should both bananas and potatoes have Michigan? it in ways which are threatening a serving limits in the proposed meal plans? There was no objection. The meal plan acknowledges a preference piece of legislation which has strength- The Acting CHAIR. The gentleman ened Food and Drug with the support of for orange and dark green vegetables? Is from Michigan is recognized for 5 min- there sufficient science to support such a not just farmers and consumers, but preference for orange and dark green vegeta- utes. also of the food processing industry, (Mr. DINGELL asked and was given bles? Would Irish potatoes with yellow, pur- which rallied around and supported the ple or other flesh color be considered starchy permission to revise and extend his re- marks.) legislation along with consumer groups vegetables? and all of the other sources in indus- According to the proposed rule, lima beans Mr. DINGELL. Mr. Chairman, this is in the fresh, canned or frozen form are con- a good amendment. try, recognizing we desperately need sidered starchy vegetables. In dried form At a time when 30 people have been something to be done to ensure that they are legumes. Are there nutritional grossly sickened and died in Germany our people do not get sick and die from changes between the forms that support such and 3,000 have been sickened, we are bad imported foods. a distinction? cutting Food and Drug’s enforcement I urge my colleagues to support the The proposed meal plans are based on con- budget. The legislation would cut the sumption data available from 2002 that was amendment. I urge them to do so with reviewed by the IOM for their report. Did food safety budget of FDA by $87 mil- vigor until such time as we can get a USDA evaluate the applicability of that con- lion below fiscal year 11, and $205 mil- fee system in place which will ade- sumption data on potatoes and other starchy lion below the President’s fiscal year 12 quately support Food and Drug and see vegetables, given changes in preparation request. to it that our people can sleep easily methods for products currently offered in We are witnessing now one of the after they have a full meal knowing school? deadliest E. coli outbreaks ever over- that the food they have consumed is Are the serving limits on starchy vegeta- seas in Europe, and that infection is bles, and potatoes in particular, based pri- safe. spreading across the society of the I yield back the balance of my time. marily on the nutritional profile of the prod- world. My amendment has the support uct or on the preparation methods for the Mrs. LUMMIS. Mr. Chairman, I rise product? of the Consumers Union, Pew Chari- table Trusts, the Center for Science in with great temerity in opposition to Thank you in advance for your feedback to the amendment by the great gentleman our questions. We look forward to working the Public Interest, U.S. PIRG, and the with you toward our common goal of improv- National Women’s Health Network. from Michigan. ing the well-being of our nation’s school chil- It is time for us to understand that The Acting CHAIR. The gentlewoman dren. every year in the United States, 3,000 from Wyoming is recognized for 5 min- Sincerely, Americans are killed with bad food, utes. Jean Schmidt, Joe Baca, Rick Berg, Ken 128,000 are hospitalized, 48 million are Mrs. LUMMIS. Mr. Chairman, I Calvert, K. Michael Conaway, Eric A. made sick. We have imported food that would note that over the last 2 days we ‘‘Rick’’ Crawford, Renee L. Ellmers, is causing all manner of difficulty: Bad Wally Herger, Bill Huizenga, Rau´ l R. have heard how ag credit and rural Labrador, Dan Burton, Dennis A. peanuts with salmonella, bad mush- housing have had deep cuts in this bill, Cardoza, Jim Costa, Sean P. Duffy, rooms, E. coli in peppers, melamine in and yet now we have an amendment Stephen Lee Fincher, Jaime Herrera dairy products, salmonella in eggs, bad that would cut more from them and Beutler, Steve King, Doug Lamborn, shellfish and fish from China. would impart those funds on a program Tom Latham, Tom McClintock, Mi- The amendment sees to it that Food that between fiscal year 2004 and the chael H. Michaud. and Drug has the resources it needs to current fiscal year has experienced a Devin Nunes, Collin C. Peterson, Chellie do the job to protect the American peo- net budget authority increase of $2 bil- Pingree, Gregorio Kilili Camacho ple from bad food being imported into lion, a 121 percent increase, and over Sablan, Michael K. Simpson, Robert E. the United States. We are able to in- Latta, Cathy McMorris Rodgers, the same time period, direct appropria- spect less than 1 percent of the food tions increases of over $1 billion, or 75 Candice S. Miller, William L. Owens, coming into the United States. This is Thomas E. Petri, Reid J. Ribble, Kurt percent. Implementation of the Food Schrader, Adrian Smith, Marlin A. a positive risk to the American con- Safety Modernization Act of 2010 would Stutzman, Scott R. Tipton, Greg Wal- suming public. require an additional $1.4 billion in new den, Steve Womack, Lee Terry, Fred The situation here is indefensible. The House last year passed major im- budget authority. If the President’s Upton, Timothy J. Walz, Todd C. budget request were adopted, the result Young. provements in our food safety laws. And we saw to it—we had a funding would be a 156 percent increase for Mr. Chairman, I yield back the bal- FDA since 2004. ance of my time. mechanism which was removed by the Senate. But without the adequate fund- This level of spending is AMENDMENT OFFERED BY MR. DINGELL unsustainable. While the recommended Mr. DINGELL. Mr. Chairman, I have ing that this amendment would afford to our people, we will find that they funding level for FDA in this bill is an an amendment at the desk. 11.5 percent decrease below the amount The Acting CHAIR. The Clerk will re- are at risk of serious health dangers provided in the fiscal year 2011 con- port the amendment. from bad food and from sickness that The Clerk read as follows: comes with those things. We are here, tinuing resolution, the subcommittee’s At the end of the bill (before the short by this amendment, giving Food and overall allocation was reduced by 13.4 title), insert the following new section: Drug the resources that it needs, some percent. Hence, this program suffered a SEC. ll. The amounts otherwise provided $49 million, to see to it that these im- smaller reduction than other programs by this Act for ‘‘Departmental Administra- ported foods and other foods are safe. within the budget. tion’’, ‘‘Agriculture Buildings and Facilities b 2150 Once again, with these massive in- and Rental Payments’’, administrative ex- creases in budget authority and in ac- penses under the third paragraph under ‘‘Ag- This is extremely important. And tual spending through direct appropria- ricultural Credit Insurance Fund Program while you might say, well, I don’t know tions over the time period 2004 and the Account’’, administrative expenses under the whether it is going to affect me, some- current fiscal year, Mr. Chairman, and fourth paragraph under ‘‘Rural Housing In- body in this country is going to get surance Fund Program Account’’, and ‘‘For- given the fact that ag credit and rural sick because bad food came in and be- eign Agricultural Service—salaries and ex- housing have already taken the types cause it kills people when that hap- penses’’ are hereby reduced by, and the of deep cuts that are referenced in the amount otherwise provided by this Act for pens. I urge my colleagues to support the rest of the bill, I urge my colleagues to ‘‘Food and Drug Administration—salaries defeat the amendment. and expenses’’ is hereby increased by, amendment until we can get ourselves $5,000,000, $20,000,000, $10,000,000, $4,000,000, in a situation where we have proper I yield back the balance of my time. $10,000,000, and $49,000,000, respectively. and adequate funding for Food and Mr. PALLONE. Mr. Chairman, I Mr. DINGELL (during the reading). Drug to see to it that our people are move to strike the last word. Mr. Chairman, I ask unanimous con- safe from imports which are causing The Acting CHAIR. The gentleman sent that the reading of the amend- sickness, illness and death to the from New Jersey is recognized for 5 ment be dispensed with. American people. minutes.

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The fact thriving industries that will produce ability to do food safety and to take on of the matter is that today’s bill millions of good jobs here at home and this big mission. Here is why: slashes the FDA by $572 million, or 21 a better future for the next generation. You hear the figure of about 48 mil- percent, below the President’s request, If government abandons its role, we lion foodborne illnesses—a very high and by $285 million, or 12 percent, run the real risk of squandering too number which we are enormously con- below this year. many opportunities that lead to inno- cerned about—but 20 percent of those I beg to differ with the gentlewoman. vative discoveries and great economic illnesses are from known, or specified, This is not the time to be cutting the benefits. pathogens. Nearly 60 percent of the ill- FDA’s budget. We have had many Mr. Chairman, the bottom line is the nesses from known pathogens comes scares. We have had many outbreaks. funding level put forth in today’s ap- from the Norovirus. So how do we ad- We have had people die. We have had propriations bill is inadequate. FDA is dress this? people become seriously ill. That is already an underfunded agency. If we The CDC tells us on their March 4 why in the last Congress we passed the don’t continue to give the FDA the re- memo that appropriate hand hygiene is landmark Food Safety Act, because we sources it needs to complete its mis- likely the most important method to wanted to have increased inspection of sion, they cannot support initiatives prevent the Norovirus infection and to food manufacturing plants, increased that save lives and create jobs; and control transmission. Reducing any scrutiny of imported foods, and devel- these are priorities that Congress Norovirus present on hands is best ac- opment of the capability to more should embrace. complished by thorough handwashing. quickly respond to food-borne illnesses I listened to what my colleagues say Now, in the FDA’s 630-page budget re- and minimize their impact. on the other side of the aisle. I under- quest, there is not one mention of I don’t know about you, but when I stand we have to be concerned about Norovirus. I believe that that’s rel- go home, I hear a great deal of concern funding and budgets and that we have a evant. about the quality and the safety of our deficit. We also have to figure out what The second point: The second highest food supply and our groceries. When is important as a priority. The Amer- cause of illness is salmonella; but people buy food in the supermarket, ican people have told us that food safe- under its authority, the existing au- when they go and buy it at a roadside ty is a priority. That is why we passed thority, before the Food Safety Mod- stand, they are very concerned about this landmark bill last year. ernization Act was passed by the the quality of the food and whether There has to be a significant increase House, the FDA updated its own food they are going to get sick. That is why in funds, even in this environment, if safety as respect to salmonella. They we passed the landmark Food Safety we are going to keep the food supply are saying—and this was according to Act. It is clear that we have just re- safe. If we don’t do that, a lot of eco- their own press release in July of last cently had the E. Coli breakout. The nomic activity is also going to suffer, year—that as many as 79,000 illnesses Nation’s food supply is so extremely including innovation, including what and 30 deaths due to the consumption vulnerable, and the FDA must be we can do for the future to keep this of eggs contaminated with salmonella equipped to keep it safe. country competitive. So I understand may be avoided. That was last year. The FDA has important responsibil- what she is saying, but I also think That was before a new bureaucracy. ities to protect and promote the health that it is very important to restore This bureaucracy, by the way, over a of the American people. To succeed in these funds. 10-year period of time, will cost $1.4 bil- that mission, FDA must ensure the I want to commend my colleague, lion and will hire 17,000 new Federal safety of not just food, but drugs and Mr. DINGELL, for putting forth this employees. medical devices that Americans rely on amendment, and I would ask my col- The third highest cause of foodborne every day. They don’t just need to leagues to support the amendment. illnesses is clostridium. Again, in the oversee the safety of the products. I yield back the balance of my time. FDA’s 630-page budget request, it was They also need to be involved in facili- Mr. KINGSTON. Mr. Chairman, I only mentioned once. tating scientific innovation that makes move to strike the requisite number of I want to say something else that is these products safe, effective, and more words. very important. Do we believe that affordable. The Acting CHAIR. The gentleman McDonald’s and Kentucky Fried Chick- Now, these efforts are especially crit- from Georgia is recognized for 5 min- en and Safeway and Kraft Foods—and ical today because I believe that Amer- utes. any brand name that you can think ican competitiveness depends on our Mr. KINGSTON. I stand in opposition of—aren’t concerned about food safety? ability to innovate. To do that, we to the amendment, but with great ad- The food supply in America is very safe must properly fund key agencies like miration for the author of the amend- as the private sector self-polices be- the FDA that are essential to assisting ment—but still disagreement. cause they have the highest motiva- in the development of new drugs and Now, the previous speaker actually tion. They don’t want to be sued. They devices. FDA places a high importance said that FDA funding has been don’t want to go broke. They want on promoting innovation. In fact, they slashed. FDA is funded both with direct their customers to be healthy and are currently developing a new Innova- appropriations and with fees. Last happy and to come back and give them tion Pathway, an initiative to help year, their funding level was $3.6 bil- repeat business. promising technologies get to market. lion. This year, it is $3.64 billion. It is Now, in response to the 2006 E. coli But let me share something with my a little bit more. I would say it is level outbreak that happened in California colleagues. One of the FDA’s senior funding. But FDA funding has not been with spinach, where three people died leadership staff testified before the En- slashed, and it is very important for us and 200 consumers were sickened, the ergy and Commerce Health Sub- to realize that. California Leafy Green Products Han- committee recently and assured us Number two, let me show you some- dler Marketing Agreement was made. that these cuts would prevent such ef- thing about the FDA funding history, This is a private sector agreement forts from moving forward. Mr. Chairman. If you can see this, this which has done already 2,000 farm au- What I am trying to emphasize is chart actually goes back to 2000 and dits on a voluntary basis. Nearly 200 that whether you look at it from the goes up to 2011. It has been nothing but billion servings of lettuce and spinach point of view of the food supply, wheth- a 10-year climb uphill for the FDA. And and other leafy greens produced under er you look at it from the point of view while a lot of people are saying the this program have been surveyed. It is of innovation, to make cuts in the FDA FDA funding is slashed, there is not a successful private sector initiative, budget simply makes no sense. even a slight dip in any of this 10-year and those types of things happen all

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.184 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4255 the time in the private sector, but great. Maybe it’s safe and maybe it’s Mr. DINGELL. Mr. Chair, I have an amend- we’re blind to it. not. He has got a bunch of numbers ment at the desk. This legislation before us Here are some numbers from the that say that it’s 99.99 percent safe. would cut the food safety budget of the U.S. CDC. It’s very important because I That sounds wonderful. Food and Drug Administration (FDA) by $87 think America loves to beat itself up But what are the real facts? All million below FY 2011 and $205 million below over things all the time. The CDC num- right. the president’s FY 2012 budget request. At a bers, Mr. Chairman: There are 48 mil- The real facts are that, at the time time when we are witnessing one of the dead- lion foodborne illnesses reported a that this cut is going into place on liest E. coli outbreaks ever overseas in Eu- year, 128,000 hospitalizations, 3,000 Food and Drug’s budget, 3,300 people rope, the House stands ready to cut funding deaths. Those numbers are very high. have been sickened in Germany with a for our food safety systems. This is indefen- I’m very concerned about it. That’s particularly dangerous form of E. coli, sible and why I am offering an amendment why we spend a lot of money already and 30 people are dead. It is spreading that will which takes $49 million from several on food safety. across the German borders into other administrative accounts at the U.S. Depart- I yield back the balance of my time. countries. ment of Agriculture (USDA) and transfers Mr. CONAWAY. I move to strike the Now, how are we doing over here? them to FDA for the implementation of the last word. First of all, Food and Drug has been Food Safety Modernization Act (FSMA), of The Acting CHAIR. The gentleman starved of resources for years and has which I am the author. Specifically, this from Texas is recognized for 5 minutes. not been able to provide the necessary amendment cuts $5 million from the Depart- Mr. CONAWAY. Mr. Chairman, I protection to the American people mental Administration account, $20 million yield to my colleague from Georgia from imported food, which is coming in from the Agriculture Buildings and Facilities (Mr. KINGSTON). and is, frankly, sickening people. and Rental Payments account, $10 million Mr. KINGSTON. I thank the gen- What is the situation? Salmonella from administrative expenses under the Agri- tleman for yielding. and peanuts, bad mushrooms from cultural Credit Insurance Fund, $4 million from I just want to continue with this, Mr. China, E. coli in peppers coming in administrative expenses under the Rural Chairman. from Mexico, melamine in dairy prod- Housing Insurance Fund, and $10 million from You have 311 million Americans eat- ucts. It kills kids. It kills babies. It the Foreign Agricultural Service. ing three meals a day. That’s 933 mil- causes all manner of health risks and I want to make clear that the offsets I am of- lion meals eaten each day. That’s near- dangers. fering are difficult, and not accounts which I ly 1 billion food consumption events in There are bad pharmaceuticals com- would cut in normal circumstances. However, our country, which is over 360 billion ing in. We haven’t been able to get these are not normal circumstances, and the meals consumed. If you do the math in ahold of that problem yet, but I’m draconian cuts already made by this legisla- going back to the 48 million foodborne going to try and get a bill that will ad- tion to the food safety budget leave me with illnesses, according to the USDA, our dress that; and I’m going to try and see no other choice. The cuts to the USDA Gen- food safety rate is 99.99 percent. to it that we get a fee system that will eral Administration Account and to the Build- I want to address the 48 million, but enable us to not have to quarrel about ings and Administration Account are certainly what I also suggest to you is that we these moneys on the House floor. damaging. I believe in the good work USDA is can spend $45 million more for FDA But in this country, let’s look. If this doing to promote agriculture in this nation, but funding; we can spend $100 million is going so well and if the Secretary of these specific accounts did not receive as more or we can spend $1 billion more, Agriculture is so right and if my dear large a cut as others. The safety of our na- but I don’t think you can increase this friend from Georgia is correct, then tion’s food supply must take priority over these number of a 99.99 percent food safety there is really nothing to worry about; administrative accounts. rate according to the CDC. So, in these and I would like somebody around here Furthermore, the cut to the Agricultural times of very tight budgets, it is very to tell me what I’m then going to tell Credit Insurance Fund, which provides loans important to keep these facts in mind. the 3,000 people who are killed in this to farmers when they can not obtain them in I am going to close with this state- country by bad food every single year. the private sector, will be taken from an ad- ment by the Democrat Secretary of Ag- 128,000 of them are sick enough that ministrative account which will not affect the riculture, Tom Vilsack, and this was as they have to go to hospitals. On top of loan levels to farmers in need. The cut to the of yesterday. He said he is ‘‘reasonably that, 48 million people get sick. Rural Housing Insurance Fund, which guaran- confident’’ that U.S. consumers won’t There is no way on God’s green tees some rural housing loans, will also be be faced with the same sort of E. coli Earth, with the budget that Food and taken from an administrative account which outbreak now plaguing Germany. He Drug has, that they can properly and will not impact the loan level. Finally, while I goes on and explains why—because of adequately protect American food and am supportive of the Foreign Agricultural Serv- the current food safety laws in place protect the American people from the ice and their work to promote agricultural ex- and the current food safety funding. dangers of bad imported food. China is ports overseas and their international develop- Mr. CONAWAY. I yield back the bal- the Wild West. The stuff that they’re ment efforts, I believe the American people ance of my time. exporting to the United States, quite would agree that at a time when we recently Mr. FARR. I move to strike the last frankly, I’m not sure I’d feed my hogs. had a recent scare with Salmonella in eggs word. Having said these things, it is time and authorities have agreed that the E. coli The Acting CHAIR (Mr. DOLD). The for us to stand up to the problem and outbreak which is impacting Europe could gentleman from California is recog- to say, Okay. We’re going to spend the happen here, our priority must be on the safe- nized for 5 minutes. money that’s necessary to keep people ty of our own food supply. Mr. FARR. I yield to the chairman, safe. We are talking about $49 million I want to make it very clear that the money the gentleman from Michigan (Mr. DIN- here. A lot of money. But how much do given to FDA by my amendment is intended GELL). you think it takes to bury 3,000 Ameri- for their food safety activities. Last Congress Mr. DINGELL. I thank my good cans? How much does it cost to take when this institution overwhelmingly passed friend for yielding to me. care of 128,000 people who are hospital- the Food Safety Enhancement Act, it had bi- I want to thank my colleagues on ized every year because of this? or to partisan support, the support of consumer both sides of the Appropriations Com- take care of the 48 million people who groups, food safety groups and industry, and mittee and their extraordinary staffs get sick? and the mothers who lose ba- a guaranteed source of funding for food safety for their courtesy to me as we have bies because of bad milk and things of activities. The food safety reform law gives gone on through this legislation and that kind that come in from China, FDA the tools it needs to prevent and detect through the discussion of this amend- where they put melamine in them to food-borne illnesses—like the E. coli outbreak ment. up the fictitious levels of nitrogen and in Germany—from occurring. I’ve listened to my Republican col- protein? Under this new law, the FDA has the au- leagues tell us how great we’re doing. So I beg you, let us do what is nec- thority to recall food products, to require food My good friend, for whom I have enor- essary to see to it that Food and Drug facilities to have safety plans to identify and mous fondness, presents us with a has the funds that they need to do the mitigate risks, and to increase the frequency bunch of pictures of food. It looks job to protect the American people. of FDA inspections of facilities here and

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 9920 E:\CR\FM\K15JN7.185 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4256 CONGRESSIONAL RECORD — HOUSE June 15, 2011 abroad. Unfortunately, a dedicated fee to fund limit this. This is roughly $1 million a would encourage my colleagues to sup- the changes to our food system was dropped year. This is something that Con- port this amendment. by my friends in the Senate and now we are gresses previously had eliminated. It I yield back the balance of my time. witnessing a perfect storm—because of the crept back in. Mr. BARROW. I move to strike the political whims of my colleagues we are lim- And this limitation amendment that last word. iting the funding available for food safety ac- I would offer, I would urge my col- The Acting CHAIR. The gentleman tivities at the same time the FDA has the re- leagues to vote for. My understanding from Georgia is recognized for 5 min- sponsibility to begin implementation of the his- is there’s no opposition on either side utes. toric food safety law. of the aisle. Mr. BARROW. Mr. Chairman, I rise Year after year we witness devastating out- I yield back the balance of my time. in opposition to the gentleman’s breaks that sicken or kill innocent people. We Mr. KINGSTON. Mr. Chairman, I sup- amendment to eliminate storage and have seen E. coli in peppers, Salmonella in port the amendment. handling payments for cotton and pea- peanuts, melamine in milk—the list goes on. A The Acting CHAIR. The question is nuts. fee system is not a radical concept. The drug on the amendment offered by the gen- I represent a lot of producers of these industry pays a user fee dedicated to assisting tleman from Utah (Mr. CHAFFETZ). commodities, and I guess it makes me the FDA with the review of new drug applica- The amendment was agreed to. a little bit more sensitive to why stor- tions and the medical device industry pays a AMENDMENT NO. 14 OFFERED BY MR. CHAFFETZ age and handling is an important part user fee dedicated to the review of marketing Mr. CHAFFETZ. Mr. Chairman, I of our agricultural policy and why this applications. Such a fee guarantees that the have an amendment at the desk. amendment could have potentially dev- FDA has a source of funding dedicated to The Acting CHAIR. The Clerk will astating impacts if allowed to become their review process free from political pos- designate the amendment. law. turing. The text of the amendment is as fol- I believe it’s in the best interest of We can all agree that we must reduce our lows: our country to support domestic agri- budget deficit and that all options to cut At the end of the bill (before the short culture. If you think our reliance on spending must be on the table. However, at a title), insert the following: foreign oil is a nightmare, imagine time when we are witnessing the latest E. coli SEC. ll. None of the funds made available what it would be like if we had to rely by this Act may be used to make (or to pay that much on foreign sources of food outbreak in Europe sicken nearly 3,200 people the salaries and expenses of personnel in the and kill 33, it is unconscionable that we would Department of Agriculture to make) pay- and fiber. For that reason, it has been cut funding from the agency whose responsi- ments for the storage of cotton under section the policy of the Congress for decades bility it is to prevent such food-borne illnesses 1204(g) of the Food, Conservation, and En- to provide a safety net to help protect here in the United States. ergy Act of 2008 (7 U.S.C. 8734(g)) or for the domestic farmers where prices are low I urge my colleagues to vote in favor of my storage of peanuts under section 1307(a) of and world markets are unfavorable. amendment restoring funding to the FDA for such Act (7 U.S.C. 8757(a)). If you represent farm country or if their food safety activities. The Acting CHAIR. The gentleman you’ve ever worked on a farm bill, you Mr. FARR. I yield back the balance from Utah is recognized for 5 minutes. have some idea of what a delicate bal- of my time. Mr. CHAFFETZ. I would hope this ance it can be to use the different tools The Acting CHAIR. The question is body would take this amendment with at our disposal to craft a law that on the amendment offered by the gen- the same pace we did the mohair sub- meets the needs of farmers and con- tleman from Michigan (Mr. DINGELL). sidies, but perhaps not. sumers. Different commodities have The question was taken; and the Act- This amendment seeks to eliminate different economies. Prices sometimes ing Chair announced that the noes ap- the cotton and peanut storage pay- swing wildly. Sometimes, even biologi- peared to have it. ments that we have been making. I cal differences need to be accounted Mr. DINGELL. Mr. Chairman, I de- would point out to my colleagues that for. mand a recorded vote. President Obama recommended termi- For example, if peanuts are not The Acting CHAIR. Pursuant to nating this program in his fiscal 2012 stored correctly, they can develop tox- clause 6 of rule XVIII, further pro- budget. No other agriculture commod- icity that renders them not only use- ceedings on the amendment offered by ities receive this type of assistance. less, but dangerous, to the consumer. the gentleman from Michigan will be I would like to read a paragraph Storage and handling assistance has postponed. that’s found on the WhiteHouse.gov been developed as an efficient policy b 2210 Web site: for peanuts because it not only gives The credits allow producers to store the farmer some latitude about how AMENDMENT NO. 13 OFFERED BY MR. CHAFFETZ their cotton and peanuts at the govern- long he can store his crops, but it also Mr. CHAFFETZ. Mr. Chairman, I ment’s cost until prices rise. Therefore, improves food safety for the public. have an amendment at the desk. storage credits have a negative impact Mr. Chairman, I was on the Ag Com- The Acting CHAIR. The Clerk will on the amount of commodities on the mittee back in 2008 when we crafted designate the amendment. market. Because storage is covered by the last farm bill. It’s been the law of The text of the amendment is as fol- the government, producers may store the land since then and will continue lows: their commodities for longer than nec- to be until next year. It’s the basis on At the end of the bill (before the short essary. There is no reason the govern- which every farmer has planned during title), insert the following: ment should be paying for the storage that time. This amendment creates un- SEC. ll. None of the funds made available by this Act may be used to pay the salaries of cotton or peanuts, particularly since certainty for those farmers. It threat- and expenses of personnel who provide non- it does not provide this assistance for ens their jobs, and it threatens the do- recourse marketing assistance loans for mo- any other commodities. mestic production the rest of us depend hair under section 1201 of the Food, Con- I happen to concur with the Presi- on. servation, and Energy Act of 2008. (7 U.S.C. dent on this. I hope my colleagues I believe this amendment is bad pol- 8731). would find this to be a commonsense icy, and I urge my colleagues to reject The Acting CHAIR. The gentleman amendment to say we should not be it. from Utah is recognized for 5 minutes. specifying winners and losers. In this With that, I yield back the balance of Mr. CHAFFETZ. Mr. Chairman, this particular case, we’re going to offer a my time. is a simple amendment to limit the storage credit for just cotton and just Mr. CONAWAY. I move to strike the subsidies for mohair. peanuts. It’s something that I think last word. Mohair is something that back in should be eliminated. I would hope the The Acting CHAIR. The gentleman World War II we needed for our mili- body would concur. I would hope we from Texas is recognized for 5 minutes. tary uniforms. The problem is we would understand we’re going to have Mr. CONAWAY. I also oppose the haven’t used mohair in our military to make some changes in the way we amendment. uniforms since the Korean war, and yet do things. This is one instance where I This amendment does not save one the subsidies still continue. So this is a actually agree with the President. I’m nickel in fiscal 2012. It’s a bit theater. commonsense amendment to simply proud to stand in support of that and And unlike mohair, peanuts and cotton

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.095 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4257 have a little different circumstances. year, it’s unfair for the program to of equipment, and the combines and The storage that is talked about here change dramatically in this final year the equipment for cotton costs any- is only paid if the prices for these two of the 2008 farm bill. where from $250,000 to $350,000. Other commodities drops below their loan Peanut growers changed their pro- equipment for peanuts, for grain, rate. CBO does not estimate this to gram from a supply-management pro- $150,000, $500,000. happen for the next decade in terms of gram, in 2002, to a marketing loan pro- This is going to undermine the bot- these prices. The loan rates are sub- gram. We eliminated the old quota sys- tom line, it’s going to remove the com- stantially below where the current tem. This included a price reduction petitive edge that American peanut prices are. That means the producers from $610 per ton to $355 per ton mar- growers have, and it’s going to dev- pay for these storage costs as these keting loan. The growers will lose even astate our ability to maintain the products are moved to market. more if the program suffers another $50 highest quality, the safest, and the So this amendment, while we debate per ton reduction due to the elimi- most economical peanuts anywhere in it for some 15 to 20 minutes, will cost nation of the storage and handling fees. the world. more to debate than it will save for the Peanuts are a semiperishable com- I think this is very, very ill-advised. taxpayers. It is an integral part of the modity. This is different from corn, I think it will undermine American ag- safety net that these producers rely from wheat and other commodities. It riculture. It will lessen our food secu- upon. is economically unfeasible for pro- rity, and certainly that is the last You’ve heard this over and over to- ducers to store their peanuts on the thing that we need to do because we night: The Ag Committee is best suited farm like other commodities such as are already energy insecure. to develop a proper safety net and an corn and wheat. Peanuts need a secure I yield back the balance of my time. ag policy for this country. This coun- and an atmospheric-controlled environ- The Acting CHAIR. The question is try has had an ag policy from its incep- ment. Peanuts require intense and con- on the amendment offered by the gen- tion. We ought to stand by that ag pol- stant management in the warehouse tleman from Utah (Mr. CHAFFETZ). icy once it’s put in place. We put it in storage, which a farmer does not have The amendment was rejected. place in 2008. Many tradeoffs were the skills to do. AMENDMENT OFFERED BY MS. JACKSON LEE OF made between conservation programs, TEXAS b 2220 commodity programs. Cotton and pea- Ms. JACKSON LEE of Texas. I have nuts were in the mix. Without proper management, a farm- an amendment at the desk. We will have those exact same con- er’s peanuts could go from what is The Acting CHAIR. The Clerk will re- versations this time next year. The known as a Seg 1 loan price, which is port the amendment. farm bill will come to the floor, and the best, to a Seg 3 loan price, which is The Clerk read as follows: contamination due to aflatoxin. those who disagree with the farm pol- Page 80, after line 2, insert the following: Elimination of the storage and han- icy that’s developed in the Ag Com- SEC. lll. The amounts otherwise pro- mittee will have ample opportunity to dling program could certainly impact vided by this Act are revised by reducing the come to this floor and make these ar- food safety, the safety of the product. amount made available for ‘‘Agriculture guments once again. But to do this in Shellers basically control over 75 per- Buildings and Facilities and Rental Pay- an appropriations bill in basically a cent of the peanuts after the peanuts ments’’ by $13,000,000, and increasing the drive-by shooting manner, in my view, leave the farmer’s control. Since pea- amount made available for the ‘‘Office of the Secretary,’’ by $5,000,000. is wrongheaded. We ought to trust that nuts are semi-perishable and due to the the Ag Committee will get this work highly concentrated shelling industry, The Acting CHAIR. The gentlewoman done and get it done properly. farmers are at the mercy of the shell- is recognized for 5 minutes. The 2008 farm bill was put in place. ers in terms of pricing. Shellers could Ms. JACKSON LEE of Texas. I thank Ag producers across this country, possibly force the farmer to accept a the Chairman, and I thank the Agri- bankers across this country, imple- lower price that would cover the stor- culture appropriations subcommittee ment dealers across this country have age and handling cost. Farmers then for their kindness and their deliberate- looked at that as a deal. Most folks in have no alternative in selling their ness in this very long evening and as the business world don’t back up on a peanuts. That eliminates the competi- well the ranking member along with deal when they don’t have to. And we tive edge. the chairman. don’t have to in this particular in- This could effectively lower the loan This is a simple amendment about stance because, as I said at the start of rate to producers, as I said, by $50 a food and about helping more Ameri- this, it does not cost the taxpayer any ton. The storage and handling program cans get healthy food. There is not one money as long as prices are high. CBO has effectively been a no-net-cost pro- of us that does not understand how dry and most folks estimate that in the gram to the government. Thus, the and difficult a desert is. This amend- near term the prices will not drop elimination of it will not help to re- ment is simply about food deserts in below 18 cents a pound for peanuts or 52 duce the Federal deficit. rural and urban areas. cents a pound for cotton. Again, we are here about to pull the This amendment provides a $5 mil- So I respectfully disagree with my rug out from under farmers who have lion increase to the Office of the Sec- colleague’s attempt to alter the farm relied upon what this Congress and retary to allow assistance to provide bill in this way, in an appropriations what this government has done in set- relief to those who are suffering from bill, and I would ask my colleagues to ting farm policy starting from 2008 to the lack of access to food quality. oppose the amendment. 2012. Why would we come at this point This is a healthy child, we would I yield back the balance of my time. and pull the rug out from under them hope. That healthy child needs to have Mr. BISHOP of Georgia. Mr. Chair- and upset all of their plans? Many good food. These funds will increase man, I move to strike the last word. times they have made loans, they’ve the availability of affordable healthy The Acting CHAIR. The gentleman is had to purchase equipment, and par- food in underserved urban and rural recognized for 5 minutes. ticularly throughout the Southeast, communities, particularly through the Mr. BISHOP of Georgia. I think this the equipment that is required for development or equipping of grocery amendment is very, very ill advised. southeastern peanut growers and stores and other healthy food retailers. Storage and handling fees are an in- southeastern farmers is varied. We’ve Fast-food restaurants and conven- tegral part of the peanut program and got a broad portfolio, unlike the Mid- ience stores line the blocks of low-in- the cotton program. Removal of these west. We grow multiple crops. come neighborhoods, offering few if fees will strike against the growers, In the Southeast, from Virginia all any healthy options. In rural areas, the farmers’ bottom line. The current the way to Texas, you will find that there may be no access at all. This par- marketing loan rate is $355 per ton. farmers will grow corn; they will grow ticularly impacts African American There has been no increase in the pea- grain, of course; they’ll grow peanuts; and Hispanic communities and, as I in- nut loan rate, which is the safety net, they’ll grow soybeans; and they’ll grow dicated, rural communities. since the 2002 farm bill. With the new cotton. Each of those commodities at This climate in the difficult times farm bill expected to take place next least will require three different kinds that we have requires us to be able to

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.192 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4258 CONGRESSIONAL RECORD — HOUSE June 15, 2011 allow families to have access to good grave health concern for all Americans. How- Right now what I will do—and I know food. We also have the issues of obesity ever, food deserts have taken a toll on low in- my friend from California is rising. Let and as well nutrition. Food deserts im- come and minority communities and exacer- me yield to him because I know he pact many districts, and I will say to bated growing obesity rates and health prob- probably has a different view, but I you that Texas in particular has fewer lems. want to kind of keep the debate going. grocery stores per capita than any According to the Center for Disease Control Mr. FARR. Go ahead. I’ll just strike other State. and Prevention, CDC, 80 percent of black the last word. According to the Kaiser Family women and 67 percent of black men are over- Mr. KINGSTON. Well, you’ve got 4 Foundation, 32 percent of all children weight or obese. African American children minutes from me. You could still in Texas face a nutrition issue. Tar- from low income families have a much higher strike the last word. That gives you 9 geting assistance to food desert areas risk for obesity than those in higher income minutes. will provide healthy food to affected families. Mr. FARR. Mr. Chairman, thank you. areas, open new markets for farmers, The CDC also estimates African American I have concerns about where the create jobs, and bolster development in and Mexican American adolescents ages 12– money comes from as all these bills are distressed communities. 19 are more likely to be overweight, at 21 per- offsetting, but I think that the purpose Farmers markets are a good idea, but cent and 23 percent respectively, than non- here should be funded. We have this farmers markets sometimes are dif- Hispanic white adolescents who are 14 per- whole initiative—and some of it has ficult to find in our communities. cent overweight. In children 6–11 years old, been attacked tonight—about trying to Again, let me emphasize, this is about 22 percent of Mexican American children are get healthy foods grown by American rural and urban areas. This initiative overweight, compared to 20 percent of African farmers to people in areas that are will provide for the availability of American children and 14 percent of non-His- called food deserts, as the gentlelady healthy food alternatives to some 23 panic white children. from Texas pointed out. There are million people living in food deserts. Food deserts have greatly impacted my places that people just can’t go. There Let me just suggest to you that these constituents in the 18th Congressional District, isn’t a grocery store. There aren’t fresh families that we care for, families, and citizens throughout the state of Texas. fruits and vegetables. young families of the military, many of Texas has fewer grocery stores per capita b 2230 than any other state. The U.S. Department of you have heard stories where the mili- I mean, think of the 7–Eleven. That’s Agriculture, USDA, identified 92 food desert tary families are on food stamps. Many the kind of convenience stores that are census tracts in Harris County alone. These of them live in areas beyond their around. Even the one we use up here a areas are subdivisions of the county with be- bases, and some of their families are couple of blocks away is very limited tween 1,000 to 8,000 low income residents, back home in rural and urban areas. in the amount of fresh fruits and vege- with 33 percent of people living more than a This amendment, which will provide an tables it has. $8 million gift back to the government, mile from a grocery store. So what this initiative is all about, According to the Kaiser Family Foundation, will give a mere $5 million to provide and it’s the President’s initiative too, 32 percent of all children in Texas are over- the opportunity for those food desert is trying to get food—it’s an edu- weight or obese. These statistics underscore loopholes, if you will—rural places in cational process. I think the hardest the staggering affect food deserts have on the our Nation where there are big gaps cultural—this is what I learned from health of low income and minority commu- with access to food, and as well urban living in other cultures in the Peace nities. In Houston and other cities across the areas—to have access to the oppor- Corps. The hardest thing to do is to get country, local programs have proved that well tunity for good and healthy food. people to change their eating habits. targeted funding and assistance can create With that, I yield back the balance of We all know that struggle when we go viable business outcomes and increase ac- my time and ask my colleagues to sup- on a diet. So it takes a lot of edu- cess to healthy food. port the Jackson Lee amendment that Targeting federal financial assistance to cation. It takes a lot of support, but it addresses the question of helping those food desert areas through the Healthy Food also takes the need to have access to who need healthy food. Funding Initiative will provide more healthy it. I thank the Chairman for this opportunity to food to affected neighborhoods, open new You need to have access to the fresh explain my amendment to H.R. 2112, which markets for farmers, create jobs, and bolster fruits and vegetables, and they can ei- will reach back into the bill to increase the development in distressed communities. ther come to you in a farmers market funding for the Office of the Secretary by $5 The Healthy Food Funding Initiative is not a or you can go to them. But if you have million dollars. This increase, provided for by handout, or a crutch. Funding through this pro- neither a farmers market and there’s reducing the funding for operations and main- gram is intended to provide financial and tech- nothing to go to, you have no option. tenance of Buildings and Facilities in order to nical assistance in support of market planning, And that’s what this amendment is fund President Obama’s Healthy Food Fund- promotion efforts, infrastructure and oper- about, getting some money into the ing Initiative, HFFI. Supporting this amend- ational improvements, and increase availability program that will be able to outreach ment will not only fund an important pilot pro- of locally and regionally produced foods. and getting good, nutritious food to gram, but save the government $8 million. This initiative will increase the availability of families who most need it who, without Funding HFFI will increase the availability of healthy food alternatives to the 23.5 million that, have a good chance of not grow- affordable, healthy foods in underserved urban people living in food deserts nationwide. Yes, ing up healthy, high incidence of obe- and rural communities, particularly through the we must work toward reducing the deficit, but sity, high incidence of diabetes, high- development or equipping of grocery stores cutting programs that provide healthy food to risk issues that cost a lot of money for and other healthy food retailers. those who simply do not have access to nutri- the taxpayers when they have to go on These ‘‘food deserts’’, communities in which tional options, is not the way. dialysis or have to be under treatment. residents do not have access to affordable Mr. KINGSTON. Mr. Chair, I rise in So we have spent many years here in and healthy food options, disproportionally af- opposition to the amendment. the committee—and the chairman fect African American and Hispanic commu- The Acting CHAIR. The gentleman knows it very well—of looking at how nities. Fast food restaurants and convenience from Georgia is recognized for 5 min- do we prevent this from happening stores line the blocks of low income neighbor- utes. when the choices are there. These are hoods, offering few, if any healthy options. Mr. KINGSTON. My dear friend from preventable diseases and preventable Many of my colleagues across the aisle Texas has worked diligently to find ill health situations, but we’ve got to have made arguments about the economic cli- something to work out with this. As I reach out and do it, and that’s what mate, and the need for budgetary cuts, and I had indicated to her last night, we’re this amendment does and I think it de- agree that we must work to reduce the deficit. trying to work on some alternatives serves support. We cannot, however, continue to make irre- and see if there’s a way to do it. Just Mr. KINGSTON. If I could reclaim sponsible cuts to programs for the under- in the last 30 minutes, I’ve gotten my time, I want to read this quote served, lower income families, and minorities. something from GAO that says that from GAO. It says: The committee may Since the mid-1970s, the prevalence of you could actually cut out $45 million wish to consider reducing the request overweight and obesity has increased sharply dollars from this program and that it for this initiative for FY 12 by $45 mil- for both adults and children, and obesity is a would not affect the potential of it. lion until the effectiveness of these

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.195 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4259 demonstration projects has been estab- I’m also suggesting to you that if you This is down from $22.3 million that we lished. look at the landscape of districts just closed out a few months ago for And I want to say to my friend from across the Nation, just take for exam- FY 11, and with a healthy respect for Texas, we had some talks around this ple my district is number 32 in regards the leadership of the Agricultural ap- but not directly addressing it, not di- to food insecurity, but there are 31 propriations subcommittee, I think rect hearing; but I do remember and above me. The people have limited ac- this is a mistake. the gentleman from California might cess to food. I know that there have been issues and I think Ms. Foley might remember I enjoy the point that Mr. FARR made with this program in the past. I have that the Safeway in Washington, D.C., about Ms. KAPTUR’s farmers markets. read the IG report. I will also say that I believe has some sort of grant I be- This will infuse energy into the farm- my understanding is the administra- lieve to operate in an area that was ers markets. This will create jobs for a tion has made progress since the pub- considered a food desert, and I believe limited amount of pilot resources. This lishing of that report. One of the things that that is one of the most profitable is the right thing to do. This is to take that has been said about this program Safeways there is. Do either of you a great land like America and say we is it has not been able to address the have a recollection of that? Thank you want everybody to minimally have ac- significant volume of requests, and I for pulling the rug out from under- cess to good, healthy, nutritious food. think it’s important to note that in neath me this early. So I would ask for the humanitarian March 2011 they cleared the backlog of Mr. FARR. I have a recollection of consideration of my friends on the all the applications for the program; that. other side of the aisle. I thank the gen- and, in fact, there’s now up to $100 mil- Mr. KINGSTON. Do you remember tleman from California for his instruc- lion in new loan applications, showing the interest in this program. that, Mr. FARR, that discussion? tiveness and the work of the members Another criticism has been that this Mr. FARR. Yes. of this Appropriations Committee, and program is duplicative and that, in Mr. KINGSTON. Was that not about I ask my colleagues to support this fact, you can apply under telemedicine food deserts? amendment, the Jackson Lee amend- for rural areas. And I will tell you that Mr. FARR. Yes, it was. But remem- ment. It fills the gaping hole of the we have tried that in our district with ber Ms. KAPTUR’s amendment in our lack of food by providing resources to no success, and this program that I’m committee of trying to subsidize farm- cure the problem of food deserts. offering as an amendment today for $6 ers markets to go into high-risk areas Mr. FARR. I yield back the balance of my time, Mr. Chairman. million, a loan program, fully offset, is to get it started so that it does develop the only program exclusively dedicated a market approach and can be sustain- The Acting CHAIR. The question is on the amendment offered by the gen- to rural broadband. And this program, able, but we reach out and do those tlewoman from Texas (Ms. JACKSON this amendment, $6 million can give us kinds of things. access to and support over $100 million Mr. KINGSTON. Let me reclaim my LEE). The question was taken; and the Act- in loan applications. time. GAO reported that a variety of ing Chair announced that the noes ap- approaches, including improving access b 2240 peared to have it. to targeted foods, have the potential to Ms. JACKSON LEE of Texas. Mr. Mr. Chairman, this amendment will increase the consumption of targeted Chairman, I demand a recorded vote. help create jobs, and it will help our food that could contribute to a healthy The Acting CHAIR. Pursuant to farmers with profitability. Of course, diet, but little is known about the ef- clause 6 of rule XVIII, further pro- I’m biased. But I believe we’ve got the fectiveness of these approaches. ceedings on the amendment offered by smartest, the hardest working farmers And so I think what I would like to the gentlewoman from Texas will be in the world. Their issue is profit- do, Mr. Chairman, is continue to op- postponed. ability, and this amendment will help. The CBO assesses this amendment as pose this; but knowing my good friend AMENDMENT NO. 23 OFFERED BY MR. GIBSON neutral, and it says that it will reduce from Texas and from California will Mr. GIBSON. Mr. Chairman, I have outlays by $2 million in 2012. Let me keep this as a priority, we’ll talk about an amendment at the desk. say that again. CBO says this amend- this. You know, the hour’s late. The The Acting CHAIR. The Clerk will ment will reduce outlays by $2 million gentlewoman’s been working on this designate the amendment. for a long time, but I need a little more The text of the amendment is as fol- in 2012. So how do we offset this? How do we focus on it before I could accept it. lows: The Acting CHAIR. The time of the provide access for farmers and small Page 80, after line 2, insert the following: businesses to loan programs? We cut gentleman has expired. SEC. lll. For the cost of broadband Mr. FARR. Mr. Chairman, I move to loans, as authorized by section 601 of the the Federal bureaucracy—$6 million in strike the last word. Rural Electrification Act of 1936, to remain office rental payments. Now, the USDA is blessed with some The Acting CHAIR. The gentleman available until expended, there is hereby ap- of the most significant office space from California is recognized for 5 min- propriated, and the amount otherwise pro- vided by this Act for payments to the Gen- among all the Federal bureaucracy. utes. eral Services Administration for rent under And in addition to what they have here Mr. FARR. I yield to the gentle- the heading ‘‘Agriculture Buildings and Fa- in the District, in Beltsville, Maryland, woman from Texas (Ms. JACKSON LEE). cilities and Rental Payments’’ is hereby re- there is additional office space of Ms. JACKSON LEE of Texas. First of duced by, $6,000,000. which they possess. So on top of all of all, let me thank Mr. FARR and Mr. The Acting CHAIR. The gentleman that, there is $151 million in this appro- KINGSTON. I had hoped my friend from from New York is recognized for 5 min- priations bill for the rental of office Georgia could see in his heart that this utes. space, including right here on M Street is a very small microcosm for a very Mr. GIBSON. Mr. Chairman, over 50 in Washington, D.C. This is a good pay- large issue, and that is that food congressional districts across our coun- for to give access to our farmers so deserts do exist and the families that try have at least 10 percent of their that they can have access to rural are impacted, number of families that population without access to high- broadband. include those who are members of the speed broadband. My district is one of So to all my colleagues, I say this is United States military from the very these over-50 districts. Now, this is a a good amendment. The only amend- youngest child. significant impediment to job creation. ment that provides exclusive rural I have been fiscally responsible, if We have farmers without access to the broadband access. It’s supported by the that is the case, to narrow this very high-speed broadband. We have many American Farm Bureau. It’s supported well, and I have no quarrel with indi- small businesses in our districts, in- by the New York State Farm Bureau vidual chains engaging in marketing cluding bed and breakfasts which im- and numerous chambers of commerce outreach. But I’m talking about hard- pact our tourism without that access. in my district. I urge my colleagues to to-serve areas that include urban and This amendment helps address this sit- support the amendment. rural areas where there are no food uation. I would like to yield to my good chains to engage in any benevolent as- Now, the underlying bill zeroes out friend and colleague from Arizona (Mr. sistance. the loan program for rural broadband. GOSAR).

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.197 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4260 CONGRESSIONAL RECORD — HOUSE June 15, 2011 Mr. GOSAR. I thank the gentleman pending for a long time and they can’t I urge my colleagues to accept this for yielding. get their questions answered, or they amendment so that we can continue to ANNOUNCEMENT BY THE ACTING CHAIR get approved but they can’t get their make progress with rural broadband. The Acting CHAIR. The gentleman money. Their eligibility is too broad. Mr. KINGSTON. I yield back the bal- will suspend. And in many areas, it competes with ance of my time. The gentleman from New York must private sector broadband service. Mrs. LUMMIS. Mr. Chairman, I move remain on his feet. Now, the IG report had a number of to strike the requisite number of Mr. GOSAR. I rise in support of the things that they found. They found words. amendment proposed by Mr. GIBSON that this rural broadband program The Acting CHAIR. The gentlewoman and Mr. OWENS because I think it is ex- granted loans of $103 million to 64 com- from Wyoming is recognized for 5 min- actly what the American people want munities near large cities, including utes. us to do here in Washington. The peo- $45 million loans to 19 suburban sub- Mrs. LUMMIS. Respectfully, my ple expect us to be responsible with divisions within a few miles of Hous- chairman and I disagree on this issue. their tax money. The people have made ton, Texas. That’s hardly the intent of I raised this in our subcommittee of it clear, more than clear, that the Fed- the program. Appropriations, and his superior abili- eral Government is too big. Our job is The IG report also found out that ties to convince the subcommittee pre- to look for waste, inefficiencies, and they were competing with preexisting vailed. But I weigh in on the side of Mr. bloat. The Gibson-Owens amendment broadband access in many places and GIBSON and Mr. GOSAR, and let me tell has found such bloat and seeks to rem- found that 159 of the 240 communities you why. The information that the committee edy it. associated with the loans—that’s 66 chairman has is correct insofar as it There is no doubt that the USDA percent—already had service. I will re- gives you numbers on broadband access does good work and that the agency peat that. Sixty-six percent of the com- that will allow you a speed of receiving should have suitable workspace to con- munities who got grants already had service that is so slow that it is basi- duct its work. Indeed, as Mr. GIBSON service. cally 20th century rather than 21st cen- has pointed out, the USDA has 3 mil- Now, there was a little criticism, and tury communications. For example, lion square feet of prime office space the program was supposed to be re- under the speed at which the numbers on The National Mall in a beautiful formed. But the IG took another look that the gentleman from Georgia has building that contributes to the archi- at it and found that, in 2009, only eight derived cover, this 99, 98 percent cov- tectural beauty of the Nation’s Capital. out of the 14 recommendations had had erage, it would take you 9 hours to To learn that the USDA also has a action taken on them. Thirty-four of 37 download a movie. Now, who’s going to campus in Maryland that occupies 45 applications for providers were in areas do that? acres of land is, itself, concerning. where there were already private oper- But with this digital world we’re in, With all that office space currently ators offering service, 34 out of 37. the kinds of data that need to be un- available to the USDA in the Wash- So when our committee took a look loaded in order to be a lone eagle, to ington area and an additional $151 mil- at this, we felt like the program needed have a business, to have the type of lion to rent office space elsewhere, why changing. It did not need new money. broadband access that my colleague does the USDA want to rent more of- So I must respectfully disagree with from Arizona would like the Native fice space in D.C.? The people of this my good friends who are offering this Americans in his State to have, would country will not begrudge an and stand in opposition of the amend- require a much faster broadband serv- architecturally distinguished office for ment. ice. And when you look at the speed of the Nation’s Capital, but a luxurious With that, I yield to my friend from the broadband service that is con- high-rent office in addition is too Arizona. sistent with having a robust commu- much. Mr. GOSAR. Well, I would like to dis- nity that has real broadband service, The Acting CHAIR. The time of the agree. And that is, as I serve a vast my State is at the rock bottom. Less gentleman has expired. part of Arizona, 60 percent of Arizona, Mr. KINGSTON. Mr. Chairman, I in which I serve a large number of Na- than half of the people in my State move to strike the last word. tive American tribes which are fighting have the kind of robust service that is The Acting CHAIR. The gentleman to try to get economic development typical of urban areas or suburban from Georgia is recognized for 5 min- and trying to get broadband service, areas. utes. this is exactly the kind of funding that b 2250 Mr. KINGSTON. I want to say to the we want to direct you to the appro- The same could be said for my col- gentleman from Arizona, if I have time priate place. league from Arizona and the areas of left over, I will yield you some. But The Native Americans are exactly his State where Native Americans so you can also get your own 5 minutes if the place that this could go. This is the desperately need the opportunity to you want. economic development that they need, market products over the Internet. So Mr. Chairman, I oppose this. and they’re currently in the process of I encourage my colleagues to support I want to start out by saying that the trying to get that. They’re trying to the position of my colleagues, Mr. GIB- committee has taken a really close build that infrastructure, and this is SON and Mr. GOSAR. And I rise in sup- look at this over the years. And I wish exactly where that fund can be. port of their amendment. you could see, from where you are sit- Mr. KINGSTON. I now yield to the I yield to the gentlelady from Ohio. ting, better the saturation level of gentleman from New York (Mr. GIB- Ms. KAPTUR. I just wanted to ask broadband access in the United States SON). the gentlelady if she would find the of America. That’s in the blue. As you Mr. GIBSON. I thank the chairman present time convenient to enter into can see, the entire country is mostly for yielding. the discussion regarding GIPSA, blue according to this. I just want to reiterate that there is though we are on this amendment at But I would not want your eyes to significant need for expanding access this point. just strain from there, so I will give to rural broadband in America. We’ve Mrs. LUMMIS. With the Chairman’s you some numbers here: got over 50 districts that have at least leave, I would consent. New Jersey, 100 percent penetration; 10 percent of their population that are The Acting CHAIR. The gentlewoman Florida, 99.9 percent penetration; New not in the 21st century, that don’t have is recognized. York, 99.8 percent; Georgia, 99.4 per- access to the high-speed broadband. Mrs. LUMMIS. Would you consent to cent; Arizona, 98.2 percent. I want to remind my colleagues, this a departure as I use the remainder of This program is not necessary. And loan program reduces outlays by $2 my 5 minutes to discuss the issue of in a time when we’re talking about million in 2012, according to the CBO. the stockyards and the GIPSA rule? saving money, we do not need to in- This program should not be zeroed out. The Acting CHAIR. The gentlewoman crease this account. The process is bur- It should not go from $22 million to is recognized for the remaining time. densome. We get lots of complaints zero. We should accept this amend- Mrs. LUMMIS. I yield to my col- from people who have had applications ment. league from Ohio.

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.200 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4261 Ms. KAPTUR. I thank the gentle- in that role. Some of our policy supporting advantage to any particular person or local- woman. And while I will not offer an the authority of GIPSA includes: ity in any respect, or subject any particular amendment to strip section 721, a legis- ‘‘We . . . oppose any attempt to lessen the person or locality to any undue or unreason- ability of [GIPSA] to adequately enforce the lative provision that prevents the U.S. able prejudice or disadvantage in any re- act and its regulations.’’ spect.’’ The ambiguity of these terms has re- Department of Agriculture from doing ‘‘We support more vigorous enforcement of sulted in uncertainty in the marketplace and its job as instructed in the farm bill, U.S. antitrust laws in keeping with original hindered enforcement of the Act. relative to fair competition in meat intent; to include . . . [the] Packers and Key provisions of the proposed GIPSA products so consumers get fairly priced Stockyards Act of 1921.’’ rules would: meats, I otherwise rise in strong oppo- ‘‘The Packers and Stockyards Act should Provide contract growers with common- sition to the language that’s in the be amended to . . . strengthen the ability of sense protections when making expensive in- GIPSA to stop predatory practices in the vestments in facilities on their farms to bill. meat packing industry.’’ meet the packer or poultry company require- And when the authorizing committee We support ‘‘establishing GIPSA as the ments; provide growers, farmers, and ranch- wrote the farm bill, USDA was directed overall authority and provider of oversight ers with access to the information necessary to use the existing packers and stock- to ensure livestock contracts are clearly- to make wise business decisions regarding yards act to restore fairness to live- written, confidentiality concerns are ad- their operations; require transparency and stock and poultry contract markets. dressed, investments are protected . . .’’ as eliminate deception in the way packers, But instead of allowing the agency to well as ‘‘enhanced price transparency, [and] swine contractor and poultry companies pay do its job, Congress, in an uneven- price discovery,’’ and ensuring that ‘‘con- farmers; eliminate collusion between pack- tractors honor the terms of contracts.’’ handed way, has allowed itself to be- ers in auction markets; and provide clarity These overarching policy principles guide about the types of industry practices the come captured by the consolidated Farm Bureau’s comments on this proposed agency will consider to be unfair, unjustly meat industry. rule. discriminatory, or when certain practices And while ranchers, farmers and pro- It is also worth noting that Farm Bureau give unreasonable preference or advantage. ducers are increasingly being squeezed has consistently requested thorough eco- These are all terms used in the existing stat- out of the markets, and small, local nomic analysis from agencies when promul- ute, which have never been adequately de- slaughterhouses continue to close, gating new rules. Without such an analysis fined. it is difficult for America’s farmers and large consolidated players manipulate Prohibit retaliation by packers, swine con- ranchers to assess the true impact of rules tractors or poultry companies against farm- the rules to favor their own business and to understand all of the implications of ers for speaking about the problems within operations, and meat prices rise. Con- proposed rules. This rule is no exception. industry or joining with other farmers to gress simply can’t stand by silent. We oppose language to preclude USDA voice their concerns and seek improvements. So on behalf of the millions of farm- from reviewing the comments and com- Currently, many farmers are often retaliated ers, ranchers and producers that strug- pleting their economic analysis and are against economically for exercising these gle every day to survive as they face strongly opposed to any action that would legal rights. the gargantuan task of competing stop work on that rule. Allow premiums to be paid to livestock Sincerely, against monopolistic entities, I oppose producers who produce a premium product, BOB STALLMAN, but requires the packer or swine contractors the base language in 721. President. to keep records to detail why they provide And I would like to place two state- certain pricing and contract terms to certain ments in the RECORD, a letter from the House of Representatives, producers. American Farm Bureau opposing sec- Washington, DC, April 21, 2011. Reduce litigation in the industry by elimi- tion 721 and a letter from over 140 orga- ATTN: Agriculture & Appropriations Leg- nating the ambiguity in interpretation of nizations supporting the pro-competi- islative Aides the terms of the Packers and Stockyards DEAR REPRESENTATIVE: As a result of rapid tion proposals made by the Department Act. Such ambiguity leads to litigation as consolidation and vertical integration, the farmers and packers seek court action to of Agriculture. livestock and poultry markets of this nation clarify the intent of the Act. AMERICAN FARM have reached a point where anti-competitive GIPSA has received approximately 60,000 BUREAU FEDERATION, practices dominate, to the detriment of pro- comments on the proposed rule during the Washington, DC, May 31, 2011. ducers and consumers. Numerous economic five-month public comment period that Hon. MARCY KAPTUR, studies in recent years have demonstrated ended in November 22 of 2010. USDA is in the House of Representatives, House Office Build- the economic harm of current market struc- process of analyzing those comments, and ing, Washington, DC. tures and practices, and have called for providing the in-depth cost-benefit analysis DEAR CONGRESSWOMAN KAPTUR: On behalf greater enforcement of existing federal laws necessary before issuing the final rule. of the six million families represented by the in order to restore competition to livestock Because of the great importance of this American Farm Bureau Federation, we write and poultry markets. rule to livestock and poultry producers and to support your amendment to allow the Ag- Until recently, Congress and the U.S. De- consumers, and the large volume of misin- riculture Department (USDA) the oppor- partment of Agriculture have largely ignored formation about the rule perpetuated by tunity to complete reviewing the 60,000 com- these trends. Fortunately, Congress included livestock and poultry trade associations and ments received and the proposed rule enti- language in the 2008 Farm Bill to require the packer-producer groups, the undersigned or- tled ‘‘Implementation of Regulations Re- U.S. Department of Agriculture to write reg- ganizations are writing to reiterate our quired Under Title XI of the Food, Conserva- ulations, using its existing Packers and strong support for the GIPSA rule and for its tion and Energy Act of 2008; Conduct in Vio- Stockyards Act authorities, to begin to re- swift publication in final form. lation of the Act.’’ It is also imperative that store fairness and competition in livestock We urge your support for the GIPSA rule- USDA continue its economic analysis of the and poultry markets. making process, and its efforts to restore rule. On June 22, 2010, the Grain Inspection fairness and competition in our nation’s live- Farm Bureau is in the unique position of Packers and Stockyards Agency (GIPSA) stock and poultry markets. representing every species impacted by this issued proposed rules to implement the 2008 Sincerely, rule. We also have no affiliation with major Farm Bill mandates, and to address related Agriculture and Land Based Training As- packers, integrators or processors, and anticompetitive practices in the livestock sociation (CA); Alabama Contract therefore our only interest is the impact of and poultry industries. These reforms are Poultry Growers Association; Alliance this rule on farmers and ranchers. Because of long overdue and begin to respond to the for a Sustainable Future (PA); Alter- this unique position, there are several provi- criticisms by farm groups, consumer groups, native Energy Resources Organization sions in this rule that we strongly support, the Government Accountability Office and (AERO)—MT; Ambler Environmental while others give us pause. USDA’s Inspector General about USDA’s Advisory Council; American Agri- Generally speaking, Farm Bureau’s philos- past lack of enforcement of the Packers and culture Movement; American Corn ophy supports a market environment where Stockyards Act. The proposed GIPSA rules Growers Association; American Fed- our farmers and ranchers can sell their prod- define and clarify terms in the Act in order eration of Government Employees uct in a way that best fits with their indi- to make enforcement more effective, and to (AFL-CIO), Local 3354, USDA-St. Louis vidual operation and risk aversion level. Our provide clarity to all players in livestock (representing Rural Development and policy clearly states that ‘‘We support ef- and poultry markets. Farm Loan employees in Missouri, forts to ensure open markets to all pro- The Packers and Stockyards Act of 1921 Oklahoma, and Kansas); American ducers.’’ Over the years, our farmers and makes it unlawful for packers, swine con- Grassfed Association; American Raw ranchers have recognized the need for a ref- tractors, and live poultry dealers to engage Milk Producers Pricing Association; eree in the marketplace, and Farm Bureau in any ‘‘unfair, unjustly discriminatory, or Ashtabula-Lake-Geauga County Farm- policy supports the Grain Inspection, Pack- deceptive practice or device,’’ or to ‘‘make or ers Union; BioRegional Strategies; ers and Stockyards Administration (GIPSA) give any undue or unreasonable preference or Buckeye Quality Beef Association

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.204 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4262 CONGRESSIONAL RECORD — HOUSE June 15, 2011 (Ohio); C.A.S.A. del Llano (TX) Cali- Northeast Organic Dairy Producers Al- ing the record. And, finally, it will un- fornia Dairy Campaign; California liance; Northeast Organic Farming As- dermine long overdue fairness in poul- Farmers Union; California Food & Jus- sociation—NY; Northeast Organic try and livestock contracts for millions tice Coalition; Campaign for Contract Farming Association, Interstate Coun- of farmers, ranchers and producers. Agriculture Reform; Campaign for cil; Northern Plains Resource Council; Family Farms and the Environment; Northwest Atlantic Marine Alliance; By allowing section 721 to remain in Carolina Farm Stewardship Associa- Ohio Ecological Food and Farm Asso- the bill, the House is standing with the tion; Cattle Producers of Louisiana; ciation; Ohio Environmental Steward- few big meatpackers and against the Cattle Producers of Washington; Cen- ship Alliance; Ohio Farmers Union; Or- many thousands and thousands of pro- ter for Celebration of Creation; Center egon Livestock Producers Association; ducers. for Food Safety; Center for Rural Af- Oregon Physicians for Social Responsi- To understand how illogical this fairs; Chemung County Church Women bility; Oregon Rural Action; Organic committee’s action is, I refer the House United (NY); Chemung County Council Consumers Association; Organic Farm- to the committee report where, on of Churches (NY); Chemung County ing Research Foundation; Organic Seed Council of Women (NY); Church Women Alliance; Organization for Competitive competition issues, the committee di- United of Chemung County (NY); Markets; Partnership for Earth Spir- rected USDA to submit legal docu- Church Women United of New York ituality; Past Regents Club, Catholic ments by June 10, 5 days ago, and be- State; Citizens for Sanity.Com, Inc.; Daughters of the Americas, Diocese of fore the House began consideration of Citizens for Sludge-Free Land; Colo- Rochester, NY; PCC Natural Markets; this bill. On its face, the committee rado Independent CattleGrowers Asso- Pennsylvania Farmers Union; has directed the agency to comply with ciation; Community Alliance for Glob- Pennypack Farm and Education Center something before the House has even al Justice; Community Farm Alliance (PA); Pesticide Action Network North (Kentucky); Community Food Security considered the bill. Is this proper? America; Pomona Grange #1, Chemung Furthermore, I would note that, iron- Coalition; Contract Poultry Growers County NY; Powder River Basin Re- Association of the Virginias; Court St source Council (WY); R-CALF United ically, if section 721 were to be imple- Joseph #139, Coming/Elmira, Catholic Stockgrowers of America; Rocky mented, the agency would not be able Daughters of the Americas, Corning, Mountain Farmers Union; Rural Ad- to comply with its own report lan- NY; Crawford Stewardship Project; vancement Foundation International— guage. If there ever was a time that the Cumberland Counties for Peace & Jus- USA (RAFI-USA); Rural Coalition; Sis- Appropriations Committee has over- tice; Dakota Resource Council; Dakota ters of St. Francis of Philadelphia; stepped its bounds, this is it. Rural Action; Davidson College Office Slow Food USA; South Dakota Live- of Sustainability; Ecological Farming After the 2002 farm bill, this com- stock Auction Markets Association; mittee prevented USDA from imple- Association; Endangered Habitats South Dakota Stockgrowers Associa- League; Family Farm Defenders; Farm tion; St John the Baptist Fraternity of menting an important provision of law Aid; Farm and Ranch Freedom Alli- the Secular Franciscan Order, Elmira, known as the Country of Origin label- ance; Farmworker Association of Flor- NY; Sustain LA; Taos County Eco- ing. It was the same consolidated meat ida; Fay-Penn Economic Development nomic Development Corporation; Texas packing industry crying from the Council; Federation of Southern Co- Farmers Union; The Cornucopia Insti- operatives; Food & Water Watch; Food rafters with claims of exaggerated eco- tute; Tilth Producers of Washington; Chain Workers Alliance; Food Democ- nomic costs which was behind the meat Trappe Landing Farm & Native Sanc- racy Now!; Food for Maine’s Future; labeling COOL delay. We seem to have tuary; Veteran Grange #1118, Chemung Gardenshare: Healthy Farms, Healthy returned to the dark days, recycling County, NY; Virginia Association for Food, Everybody Eats; Biological Farming; Western Organiza- the same talking points. Georgia Poultry Justice Alliance; Grass- tion of Resource Councils (WORC); It took us almost 8 years and, finally, roots International; Heartland Center/ WhyHunger; Women, Food and Agri- consumers now have the legal right to Office of Peace and Justice for the Dio- see where their meat comes from, cese of Gary, Indiana and the Integrity culture Network. of Creation; Hispanic Organizations The meatpackers have a stranglehold which is what the vast majority of the Leadership Alliance; Idaho Rural Coun- on this House, scaring Members with American people wanted. So on behalf cil; Illinois Stewardship Alliance; Inde- millions of dollars in campaign con- of the millions of farmers, ranchers and pendent Beef Association of North Da- tributions and real threats of political independent producers, I pledge to con- kota (I-BAND); Independent Cattlemen retribution. Instead of engaging in tinue this fight and to prevent a simi- of Nebraska; Independent Cattlemen of well-meaning public debate and at- lar 8 years of delay and confusion on Wyoming; Institute for Agriculture and USDA competition rules in the meat Trade Policy; Iowa Citizens for Com- tempting to win on the merits of the munity Improvement; Iowa Farmers argument, the National Cattlemen’s industry. Union; Island Grown Initiative Izaak Beef Association, which has a right to Let USDA do its job. Walton League; Kansas Cattlemen’s speak out, but not a right to intimi- I thank the gentleman and the gen- Association. date, sent out a national notice to its tlewoman so much for their consider- Kansas Farmers Union; Kansas Rural members to harass the American Farm ation. Center; Ladies of Charity of Chemung Mr. KING of Iowa. Reclaiming my County (NY); Land Stewardship Bureau. This is not the nature of well- meaning debate and, for many, has time, I thank the gentlelady for her at- Project; Main Street Opportunity Lab; tention to this matter, both Maryknoll Office for Global Concerns; crossed the line of propriety. Michael Fields Agricultural Institute; I urge my colleagues to resist the gentleladies for their attention to this Michigan Farmers Union; Michigan misinformation and to stand strong for matter and for standing up with and Land Trustees; Michigan Organic Food independent producers and family for the best interests of agriculture. and Farm Alliance; Midwest Environ- farmers and ranchers. Mr. FARR. Mr. Chair, I submit the mental Advocates; Midwest Organic Section 721 of the base bill goes fur- following: Dairy Producers Association; Min- ther than many realize. It will stop STATEMENT OF ADMINISTRATION POLICY nesota Farmers Union; Missionary So- USDA from conducting its economic H.R. 2112—AGRICULTURE, RURAL DEVELOPMENT, ciety of St. Columban; Mississippi FOOD AND DRUG ADMINISTRATION, AND RE- Livestock Markets Association; Mis- analysis of this industry. LATED AGENCIES APPROPRIATIONS ACT, 2012 souri Farmers Union; Missouri Rural The Acting CHAIR. The time of the Crisis Center; National Catholic Rural gentlewoman has expired. (REP. ROGERS, R–KY) Life Conference; National Family Mr. KING of Iowa. Mr. Chairman, I The Administration has serious concerns Farm Coalition; National Farmers Or- move to strike the requisite number of about the content of H.R. 2112, making ap- ganization; National Farmers Union; words. propriations for Agriculture, Rural Develop- National Latino Farmers & Ranchers The Acting CHAIR. The gentleman is ment, Food and Drug Administration, and Trade Association; National Sustain- recognized for 5 minutes. Related Agencies programs for the fiscal able Agriculture Coalition; Nebraska Mr. KING of Iowa. I yield to the gen- year ending September 30, 2012, and for other Farmers Union; Nebraska Sustainable tlelady from Ohio. purposes. The Administration is committed Agriculture Society; Nebraska Wildlife to ensuring the Nation lives within its Federation; Network for Environ- Ms. KAPTUR. I thank the gentleman means and reducing the deficit so that the mental & Economic Responsibility; so very much for that kind effort. Nation can compete in the global economy New England Small Farm Institute; The current proposal will silence the and win the future. That is why the Presi- Nonviolent Economics; North Carolina nearly 60,000 comments on the rule be- dent put forth a comprehensive fiscal frame- Contract Poultry Growers Association; cause it will prevent USDA from read- work that reduces the deficit by $4 trillion,

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.097 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4263 supports economic growth and long-term job its current market oversight and enforce- Mr. KINGSTON. Mr. Chairman, I de- creation, protects critical investments, and ment functions. Moreover, the funding level mand a recorded vote. meets the commitments made to provide would significantly curtail the timely, effec- The Acting CHAIR. Pursuant to dignity and security to Americans no matter tive implementation of the Dodd-Frank Wall their circumstances. Street Reform and Consumer Protection Act, clause 6 of rule XVIII, further pro- While overall funding limits and subse- including new CFTC responsibilities to regu- ceedings on the amendment offered by quent allocations remain unclear pending late the $300 trillion swaps derivatives mar- the gentleman from New York will be the outcome of ongoing bipartisan, bi- ket. postponed. cameral discussions between the Administra- International Food Aid. The Administra- AMENDMENT NO. 3 OFFERED BY MR. tion and congressional leadership on the Na- tion opposes the level of funding provided for BLUMENAUER the Food for Peace Title II international tion’s long-term fiscal picture, the bill pro- Mr. BLUMENAUER. Mr. Chairman, I vides insufficient funding for a number of food aid program as it would severely limit programs in a way that undermines core gov- the United States’ ability to provide food as- have an amendment at the desk. ernment functions and investments key to sistance in response to emergencies and dis- The Acting CHAIR. The Clerk will economic growth and job creation. Programs asters around the world. Given a statutory designate the amendment. adversely affected by the bill include: floor on non-emergency development food The text of the amendment is as fol- Food and Nutrition Service (FNS). The Ad- aid, a reduction would be borne entirely by lows: ministration strongly objects to the level of the emergency component of the program, At the end of the bill (before the short funding provided for nutrition programs that and would prevent distribution of emergency title), insert the following new section: are critical to the health of nutritionally at- food aid to over 1.1 million beneficiaries. SEC. ll. None of the funds made available risk women, infants, children, and elderly In addition, the bill includes the following by this Act may be used to pay the salaries adults. The proposed funding levels would problematic policy and language issues: and expenses of personnel of the Department lead to hundreds of thousands of participants Restrictions on Finalizing USDA Regula- of Agriculture to provide benefits described being cut from the Special Supplemental Nu- tions. The Administration opposes the inclu- in section 1001D(b)(1)(C) of the Food Security trition Program for Women, Infants and sion of section 721 of the bill, which effec- Act of 1985 (7 U.S.C. 1308–3a(b)(1)(C)) to a per- Children (WIC) and the Commodity Supple- tively prevents USDA’s Grain Inspection, son or legal entity in excess of $125,000. mental Food Program, and reduce Federal Packers and Stockyards Administration support for food banks. These cuts would un- from finalizing a rule on conduct that would The Acting CHAIR. The gentleman dermine efforts to prevent hunger and sup- violate the Packers and Stockyards Act of from Oregon is recognized for 5 min- port sound nutrition for some of the most 1921. The final rule has not yet been pub- utes. vulnerable members of our society. lished and any concerns about the rule are better addressed through the standard rule- Mr. BLUMENAUER. Mr. Chairman, Food Safety. The Administration is con- these are challenging budgets and dif- cerned with the funding provided in the bill making process than through an appropria- for the Department of Agriculture’s tions rider. ficult economic times. But unfortu- Restrictions on FDA Regulations and (USDA’s) Food Safety and Inspection Service nately, there really are alternatives to Guidance. The Administration strongly op- (FSIS) which will significantly hamper slashing environmental payments and poses section 740 of the bill, which would un- USDA’s ability to inspect food processing nutritional support in the farm bill. dermine or nullify FDA statutory standards plants and prevent food borne illnesses and that have been in place for decades and that There is an alternative to reform and disease such as E. coli and Salmonella from are essential to protect the health of Ameri- modernize. contaminating America’s food supply. The cans. The provision would unduly limit the The last farm bill pretended to start Committee’s recommendation may require factors that FDA considers in determining limitations in payments. But exempted the agency to furlough employees including the best ways to protect the public from un- from the modest limitations in some frontline inspectors which make up over 80 safe foods; protect the safety of the blood percent of FSIS staff. By reducing FSIS in- areas were market loan payments, loan supply from HIV, West Nile Virus, and other deficiency payments, and commodity spections, food processing plants may be infections; ensure the safety of infant for- forced to reduce line speeds, which could mula; protect patients from drugs and med- certificates not capped. This means lead to decreasing product output and prof- ical devices that have not been shown to be that entities can virtually receive un- its, as well as plant closures. safe and effective; assure that food labeling limited title I dollars under the current Healthy Food Financing Initiative (HFFI). and health claims on foods are accurate; and law. The Administration is concerned that the reduce youth use of tobacco products and Mr. Chairman, it’s important for us, bill does not support HFFI, which is a key otherwise reduce illness and death caused by initiative to combat childhood obesity. HFFI as we are dealing with trying to reduce tobacco use. the strain on the Federal budget, to do will expand USDA’s activities to bring WTO Trade Dispute. The Administration is healthy foods to low-income Americans and concerned by a provision in section 743 that so in a way that is strategic. The increase the availability of affordable, would eliminate payments that are being amendment I propose would establish a healthy foods in underserved urban and rural made as part of the mutually agreed settle- $125,000 payment limitation in total. communities by bringing grocery stores and ment of a World Trade Organization (WTO) Now, this will save two-thirds of a bil- other fresh food retailers to ‘‘food desert’’ dispute regarding U.S. domestic cotton sup- lion dollars. communities where there is little or no ac- ports and the export credit guarantee pro- cess to healthy food. Bear in mind that we are now cutting gram. The framework serves as a basis to existing environmental contracts if Research. The bill provides insufficient avoid trade-related countermeasures by funds for USDA research programs, which Brazil that are authorized by the WTO until this bill came forward. The majority of are needed to help solve food production, the enactment of successor legislation to the farmers and ranchers in this country safety, quality, energy and environmental current Farm Bill. Under the agreement, the still receive nothing, 62 percent receive problems. By reducing funding for the Agri- United States is committed to fund technical nothing. In my State of Oregon, it’s 87 cultural Research Service to its lowest level assistance and capacity-building support for percent of the farmers and ranchers. since 2004 as well as inadequately funding Brazil’s cotton sector. The bill’s provision the Nation’s competitive grant program, the It’s time to start with modest restric- preempts the resolution process and would tions on government subsidies. bill will hinder the Department’s ability to open the door to retaliation negatively af- develop solutions to address current as well fecting U.S. exports and interests. There are a wide range of areas in as impending critical national and inter- The Administration strongly opposes in- this budget. As it’s working its way national challenges. clusion of ideological and political provi- through the House, we’re going to see Food and Drug Administration (FDA). The sions that are beyond the scope of funding very dramatic reductions, almost a Administration is concerned that the fund- legislation. third in transportation. We sliced $1 ing level in the bill and resulting staff reduc- The Administration looks forward to work- billion from sewer and water programs tions will severely limit the FDA’s ability to ing with the Congress as the fiscal year 2012 protect the public’s health, assure the Amer- appropriations process moves forward to en- to State and local governments. At a ican consumer that food and medical prod- sure the Administration can support enact- time of record high farm commodity ucts are safe, and improve Americans’ access ment of the legislation. prices, this would be a time to place to safe and less costly generic drugs and bio- Mr. KING of Iowa. I yield back the this modest limitation. logics. balance of my time. There’s actually a question whether Commodity Futures Trading Commission The Acting CHAIR. The question is or not some of these payments even go (CFTC). The Administration strongly objects to farmers at all. In 2009, some of the to the funding level for CFTC, as it would the amendment offered by the gen- cause a cut in staffing levels and seriously tleman from New York (Mr. GIBSON). entities that received title I hand- undermine CFTC’s ability to protect inves- The question was taken; and the Act- outs—the Fidelity National Title Insti- tors and consumers by effectively policing ing Chair announced that the ayes ap- tute received over $4.85 million. Almost the futures and swaps marketplace through peared to have it. $3 million went to the Mercer County

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.083 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4264 CONGRESSIONAL RECORD — HOUSE June 15, 2011 Abstract Company. The American Mar- tecting farmers during catastrophic 2012. So I encourage my colleagues to keting Peanut Association received weather events is the least we can do oppose this amendment. largesse from the Federal Government to maintain a stable food supply in our I yield back the balance of my time. worth over $3.98 million. country. Mr. HIMES. I move to strike the last My colleagues in the Midwest have word. b 2300 seen firsthand the devastation that The Acting CHAIR. The gentleman These aren’t the small family farm- comes with flooding. My colleagues in from Connecticut is recognized for 5 ers that I think all of us would like to the Southwest know how droughts can minutes. support. turn healthy farms into desolation. For Mr. HIMES. Mr. Chairman, I rise in In this day and age, it’s embarrassing that reason alone, I urge my colleagues support of the amendment offered by to be giving away $4 million of tax- to oppose this amendment. But I also my colleague from Oregon. payer money in 1 year to a private, for- urge you to oppose it because policy And with all due respect to the rank- profit company when I think what we changes like this should be conducted ing member, I think the effort to limit should be doing is concentrating on the within the broader context of all farm these subsidies is both fiscally respon- support for America’s farmers and bill policy. sible, more in keeping with the kind of ranchers. We have the opportunity, I urge my colleagues to vote ‘‘no’’ on market economics that so many of us with this amendment, to take a step in this amendment. in this Chamber believe are the right this direction. I yield back the balance of my time. way to go, and will help the health of I would strongly urge that my col- Mr. PETERSON. Mr. Chairman, I the American people, something that leagues join with me in adopting this move to strike the last word. will have a dramatic impact on the ris- amendment establishing a $125,000 The Acting CHAIR. The gentleman ing health care costs in this country. overall limit, and be able to start sav- from Minnesota is recognized for 5 min- Mr. Chairman, the amendment would ing two-thirds of $1 billion and send a utes. limit the total title I payments to farm signal that we’re serious about reform- Mr. PETERSON. Mr. Chairman, I op- entities to less than $125,000 a year. It ing spending. pose this amendment, and I want to as- doesn’t eliminate them; it simply lim- Mr. Chairman, I yield back the bal- sociate myself with the remarks of its them. Under current law, market ance of my time. Chairman LUCAS. loan payments, loan deficiency pay- Mr. LUCAS. Mr. Chairman, I rise to In the 2008 farm bill, we spent a lot of ments, and commodity certificates are strike the last word. time working through this payment not capped, and entities can receive un- The Acting CHAIR. The gentleman limitation issue. There were a lot of limited title I dollars. from Oklahoma is recognized for 5 min- different ideas and a lot of different Mr. Chairman, 4 hours ago in this utes. discussions, and it was not easy. We Chamber, we debated amendments that Mr. LUCAS. Mr. Chairman, I rise in made significant reforms in this pay- would eliminate and gut the WIC pro- opposition to this amendment. This ment limitation area, and as the chair- gram, WIC—women, infants and chil- amendment would have far-reaching man indicated, we came to a resolution dren. This is a program that seeks to and devastating effects for America’s and people are relying on that. We’ve provide basic food to poor children, to farmers. I’m not sure the gentleman is got a 5-year farm bill. People make de- poor families. aware of the full extent of this amend- cisions not from year to year; they There were amendments that would ment. make them in the long term, and it’s eliminate the Food for Peace program This amendment throws the Non- just not fair to come in and change whereby we send food—in those bags insured Crop Disaster Program into an things in the middle of the stream. that we’ve all seen, ‘‘A gift from the arbitrary payment limit scheme. This One of the other things we did is we people of the United States of Amer- program, in which farmers pay a fee to applied the payment limitations to all ica’’—to people who are starving obtain crop insurance coverage, pro- of the programs, and as I understand around this planet, a gift from the peo- tects them from catastrophic events this amendment, it only applies to the ple of the United States of America at like flooding and tornados. If this commodity title. So we’re once again a moment when we can use friends. amendment passes, farmers who have going to create a different set of pay- And we said we’re going to gut them, been flooded out are quite literally up ment limitations for one part of the we’re going to reduce them. Why would a creek without a paddle. They won’t farm program compared to another. you do that? You would only do that if get the coverage they’ve signed up for I don’t know exactly what the pur- you face the kind of budget constraints even though they’ve paid in. pose of this is because the farm pro- that we face today. A brutal necessity This amendment would also affect grams are not designed to be a welfare to find savings. the permanent disaster program. Pro- program or to pick winners and losers Here we have an opportunity to save ducers were required to purchase crop and decide how big a farm is going to nearly $1 billion in subsidies to large insurance to be eligible for that pro- be and all that sort of stuff. The pur- producers. These are not small farmers, gram. This amendment would be a bait pose of these farm programs is to sup- as my colleague from Oregon said. The and switch—they’ve fulfilled their end port production agriculture so we can top 10 percent of subsidy recipients re- of the bargain, but we’re pulling the feed this country and, frankly, feed the ceive almost three-quarters of these rug out from under them now. world. You read all these stories com- funds. This is not the small farmer; There’s a time and a place to debate ing from all over the world that we’re these are big conglomerates. the appropriate level of support for worried that we’re not going to have These subsidies are bailouts. We hear farmers. I welcome that debate as a enough food to feed all of the increase a lot about bailouts in this Chamber. part of the 2012 farm bill process which in population and all that stuff. If you And nobody thinks bailouts are a good will in effect begin next week. The Ag- go down this track, you’re going to go thing. These are slow-motion, year-in- riculture Committee will be auditing down a policy that’s going to make it and-year-out bailouts of an industry. farm programs for effectiveness and ef- very difficult for us to feed the world. Many of my colleagues support both ficiency, and then we will seek input So this is ideology run amok. Some the goals of fiscal responsibility and from across the country on the best people have problems with the way the idea that markets are efficient. way to support our farmers and ranch- we’ve designed this safety net. And I Here, not only are we taking taxpayer ers while making good use of taxpayer think we could do a better job, but this dollars and sending them to a slow mo- dollars. is just the wrong thing to do. This is tion, perpetual bailout, but we’re doing Discussing farm programs in the con- too complicated an issue to settle here it in such a way that it creates cheap text of a farm bill will represent hon- on the floor in a few minutes of debate. corn sugars and other things that go est, transparent policymaking. This And it’s just not fair to the people that into the fast-food that exacerbate the amendment prevents that discussion have made long-term decisions, have obesity problem in this country. This from taking place by altering the invested a lot of money based on ex- is a bad idea. And I urge my colleagues terms of the contracts with farmers pecting that this farm bill was going to to support this amendment for both fis- once they’ve already been signed. Pro- be in this form until September 30, cal health and sheer market grounds.

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.207 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4265 I yield to my colleague from Oregon. they didn’t like the process, they need- he was just really, really amazed at Mr. BLUMENAUER. I thank the gen- ed to take that up with Speaker PELOSI how impressive that nuclear submarine tleman, and I appreciate his kind words and them. was. So he turned to the captain and he and thoughtful analysis. The process going forward that I an- asked the captain, he said, Captain, b 2310 ticipate happening next year is that we how long can this nuclear submarine will begin, as the chairman has said, to stay underwater without coming up? It The approach that we are taking here audit these farm bill programs over the is so fine, we have spent so much is to put an overall limit of $125,000 in next several months. We will then money and it is an excellent machine. addition to what we are talking about. craft, with limited resources, a new The captain looked at him and said, This would have only affected about farm bill that will be introduced in the Mr. Chairman, how long would you 6,500 entities in 2009. It is an appro- committee, debated through sub- guess? And Mr. de la Garza said he priate step forward. committees and at the full committee, thought for a while, and he said, Well, I hear some of my colleagues con- and then we will bring it to the floor. maybe a year? And the captain chuck- cerned about changing the rules for a It will be exposed to all of these argu- led and said, Mr. Chairman, we can few thousand people who are getting ments in an appropriate manner that stay underwater for as long as we have huge amounts of subsidy. You know, should take place, not in the appropria- food for the crew. this bill will change the rules for tens tions process. We in this country will be able to de- of thousands of farmers and ranchers I know my colleagues on the other fend ourselves and we will be able to who would otherwise get environ- side of the aisle did not vote for the have a strong country as long as we mental protections, payments for envi- budget we passed here in April. That have food, and right now we are headed ronmental programs. In fact, some of budget clearly said the appropriations to getting imported food for the major- the existing contracts would be abro- process in 2012 would not be used to ef- ity of our people. If we continue with gated. fect a farm bill, that the farm bill the route that we are going, if we im- Now, there are going to be lots of would be written by the Agriculture pose these limitations, if we limit the changes going on. I hope that we start Committee, the authorizing committee ability of our farmers to compete on a now beginning the process of agricul- in 2012. level playing field with our global com- tural reform and making clear that we My colleagues’ arguments are petitors, all of our food will be coming want to start by putting some overall unpersuasive, and I do believe this is from Mexico and South America and limitation during a time of record high an ill-advised amendment to go at a China. farm prices. There is never a good time safety net that, by every description, is We cannot afford for that to happen. to do it. I think the time to do it is complicated, is difficult to understand, America cannot stay strong. Our peo- now. but it has worked to protect produc- ple cannot be healthy. We cannot get I look forward to a spirited debate on tion of agriculture from the risks that safe food if we don’t allow our farmers farm bill reform. I hope at some point they take year in and year out to pro- to have the capacity to earn a living we are able to actually do some mean- vide the safest, most abundant and and to produce the highest quality, the ingful reform, as acknowledged by even cheapest food and fiber source of any safest and most economical food and the proponents from the committee. developed country in the world. fiber anywhere in the industrialized We have got lots of problems with the I urge my colleagues to vote against world. We have to defeat these amendments. existing bill. We could do a better job. the Blumenauer amendment. It is the We have to studiously and assiduously It is complicated. wrong policy at the wrong time and the study the way to reform these pro- Well, this isn’t complicated. This is wrong place. grams and to get cost-effectiveness. straightforward and direct, and I urge I yield back the balance of my time. an ‘‘aye’’ vote in support of the amend- Mr. BISHOP of Georgia. I move to But tonight in this bill is not the place to do it. The time to do it is when we ment. strike the last word. Mr. HIMES. I yield back the balance The Acting CHAIR. The gentleman is take up the farm bill in 2012 with the of my time. recognized for 5 minutes. authorizing committee and all others Mr. CONAWAY. I move to strike the Mr. BISHOP of Georgia. Again, I having the opportunity to take our last word. think that this is an amendment that time and to thoughtfully craft a new The Acting CHAIR. The gentleman is ill-conceived. I think it will do great farm policy. With that, I urge the defeat of this from Texas is recognized for 5 minutes. harm, and I think it is not timely. I amendment. Mr. CONAWAY. Mr. Chairman, once agree with the gentleman that the au- I yield back the balance of my time. again we have come to a point where I thorizing committee has great exper- Mr. KIND. Mr. Chairman, I move to need to defend the work of the Ag Com- tise. We have taken a lot of time to vet strike the requisite number of words. mittee, the authorizing committee, the this program, and I think for us to The Acting CHAIR. The gentleman committee that knows the most about come tonight willy-nilly and do it is from Wisconsin is recognized for 5 min- this process. very, very ill advised. utes. The $125,000 limit is picked out of Nineteen years ago when I came to Mr. KIND. Mr. Chairman, I do rise in whole cloth. It is made up. It is arbi- this body I was on the authorizing support of my friend, my colleague trary. It is capricious. It has no clue committee, on the Agriculture Com- from Oregon’s amendment this what it might have as an impact on the mittee, and the chairman of the com- evening. farmers and ranchers in the district mittee at that time was a gentleman I am not sure if a $125,000 payment and parts that I represent. It is a drive- by the name of Kika de la Garza. Mr. limitation is the right amount, but by shooting of farm policy that, frank- de la Garza was fond of telling us one this isn’t a new concept. There has ly, makes no sense whatsoever if you of his life experiences, and that was his been a lot of discussion about payment are really going to seriously protect submarine story. limitations under title I, and the gen- the production of agriculture in this He said that all of his life, from the tleman is correct. The time to start country. time he was a little boy, even though doing this is now. On the one hand, we hear our col- he grew up in the rural areas in Texas We can pretend that there aren’t leagues on the other side rant about on the farm, that he wanted to ride on major policy changes being made under imported foods, and they want to then a submarine. He always was just enam- this agricultural appropriations bill, turn around and make sure that the ored with submarines. Finally, after he but there are. There are deep cuts in American farmer and producer does not came to Congress and after he became the conservation title. We just had a have the safety net that we promised the chairman of a committee, he had large consortium, a coalition of out- them in 2008. Now, I understand my an opportunity to go out on one of our door sporting groups, write a letter ex- colleagues don’t like that safety net. nuclear submarines. Of course, as the pressing their concern about the deep They had ample opportunity when they guest, he was allowed to take the wheel cuts in the voluntary and incentive- were in the majority in 2008 to effect a and to submerge the submarine, to get based land and water conservation pro- farm bill when it came to this floor. If it up, to play with the periscope, and grams and the impact that is going to

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.209 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4266 CONGRESSIONAL RECORD — HOUSE June 15, 2011 have on quality water and habitat pro- isn’t new, and it’s definitely a step in looks to me like six of the top 20 are tection or the ability of our farmers to the right direction. I think it’s trying actually abstract and title firms that be good stewards of their land. There is to bring more sanity to the title I sub- did work on conservation WRP con- a huge demand for these programs sidy programs, which we shouldn’t be tracts that are not affected by this which will be dramatically affected delaying until the next farm bill which amendment, so that’s a problem. with the deep spending reductions that may or may not happen next year. We You’re throwing all these statistics are contained in this appropriation know it’s tough to get major pieces of around and claiming that these big bill. legislation through during an election guys are getting all this money. But The same goes for the nutrition pro- year, let alone a Presidential election these aren’t even farmers. These are grams. The huge funding reductions year. It could be years from now before law firms. Maybe we should have pay- will have an impact on tens of thou- we have the next farm bill ready to go ment limitations on law firms. That sands of families throughout the Na- with any potential change. might be a good thing. Maybe we tion, low-income children that rely on So I commend my colleague for offer- should only let these guys do $125,000 these programs, the Women, Infants, ing this amendment and for continuing worth of WRP work so that we can and Children program in particular, the discussion, and I encourage my col- spread it around a little bit and make seniors on these nutrition programs. leagues to seriously consider sup- it more fair. That’s the other problem They are going to feel the effects of the porting it. I’m sure the Senate will with this whole concept. decisions that we are making in this have some ideas, too, on things that Mrs. LUMMIS. Mr. Chairman, I yield Agriculture appropriation bill. they recommend. back the balance of my time. Now, for so many of my colleagues to This, I think, is appropriate and it’s Mr. FARR. I move to strike the last stand up this evening and claim we not new; and to claim that we word. can’t mess with title I program fund- shouldn’t touch title I, yet we’re evis- The Acting CHAIR. The gentleman ing, we should wait for the next farm cerating virtually the rest of the farm from California is recognized for 5 min- bill, I think, is disingenuous at best. bill in what we’re doing with this ap- utes. I ask my colleagues tonight, mohair propriations bill, I think is disingen- Mr. FARR. I wasn’t going to rise on subsidies? Is that the best we are going uous. this amendment—and I probably to be able to do? And I would submit to I would be happy to yield to my shouldn’t—but this discussion just bugs my colleagues that the reason why mo- friend from Oregon. me. hair was picked on is because they are Mr. BLUMENAUER. I appreciate the I represent more productive agri- not a particularly well-organized, so- gentleman’s words, and I appreciate his culture in my district than anyone in phisticated, politically-connected enti- courtesy. this room—$4 billion in just one coun- ty out there, so it was easy to go after I listened with amusement to my ty—and I represent a bunch of coun- them, as my colleague from Utah friend from Georgia talk about his con- ties. What we grow are specialty crops. showed with his amendment. cern that we’re going to be importing We grow 85 crops in Monterey County. But we have known for a long time food from overseas if we have some rea- As we were talking about earlier, 58 now that these subsidy programs under sonable limitation on these title I pay- percent of all the lettuce in the United title I do distort the marketplace. ments. States is grown in that county. We They do distort our trade policy, as my The food, which are the fruits and grow 35 different varieties of wine Brazil cotton subsidy amendment high- vegetables that the people in my State grapes, and we are the leading counties lighted a little earlier this evening. raise—and I met with a bunch of them in strawberry production and in a And we are long past time to start this last week again—get zip. They get bunch of berry productions. In fact, our making these revisions in light of the nada. We’re cutting back on the re- motto there is that we’re the ‘‘salad huge budget deficits that we are facing. search funding for them. We’re cutting bowl capital of the world,’’ which in- back on marketing. We’re cutting back cludes all of the ingredients in salad— b 2320 on helping them comply with the envi- celery, lettuce. All those things, we When 80 percent of the producers in ronmental requirements that they grow. our Nation get nothing under title I want to meet because they’re good Do you know what? They don’t get a subsidies—not a dime—that leaves a stewards of the land. We’re making it dime of support from the Federal Gov- very small group of entities that is re- harder for them to do the work of pro- ernment. If the market falls, they eat ceiving the bulk of these taxpayer sub- ducing food for America. Yet we’re it. If a disaster comes in, they eat it. sidies, and we all know who they are. having lavish subsidies for five com- So the reason these amendments are They’re the big five grain-producing modities, which is where 90 percent of brought up by Mr. KIND and Mr. entities of this country—corn, soy- the money goes. BLUMENAUER year after year is that, beans, cotton, rice, and wheat. They’re If you really cared about protecting frankly—do you know what?—the farm the ones who are receiving the bulk of the food supply, we’d redirect it. We’d bill doesn’t address this issue. It really these title I subsidy programs. save this $650 million, and we’d put it doesn’t. It’s too tough—it’s too politi- Under the farm bill, there are mul- where it would do more good. cally tough—and there are too many tiple programs which they can be eligi- Mr. KIND. I yield back the balance of vested interests in this town. You have ble for: from the LDP Program, to my time. a whole bunch of agriculture out there, Countercyclical, to the new ACRE Pro- Mrs. LUMMIS. I move to strike the and some people would suggest that gram under the last farm bill, to the requisite number of words. more than all of the money created in Direct Payment Program. Many of us The Acting CHAIR. The gentlewoman commodity supports is in what they were arguing in the last farm bill from Wyoming is recognized for 5 min- call ‘‘specialty crops,’’ and that’s the whether it was necessary to go forward utes. stuff you eat all the time. with direct payments that bear no rela- Mrs. LUMMIS. I yield to the gen- You can’t have this bifurcated world tionship to current market prices—all tleman from Minnesota. out there where you have a bunch of based on past production history. Mr. PETERSON. I thank the gentle- people who are essentially on welfare Today, we are facing world record lady for yielding. and a bunch of people who are just as- commodity prices in these categories. I just wanted to clarify that it was suming all the risk. What really sur- Not only did we continue them, but we discussed that what we were trying to prises me is that, with the conservative increased the direct payments, and do was to get the top 20 recipients off side of the aisle over here that really is we’re allowing double entities on the of the EWG Web site, and I just got a driven toward market approaches to same fund to qualify for the direct pay- copy of it. solve problems, this is not a market ments. Yet none of that is being dis- Four of the top 10 recipients actually approach. This is a subsidy. It’s a tax- cussed in the context of this Agri- are title or law firms that did work for payer subsidy, and it’s going to very culture appropriations bill. WRP. The top one is Fidelity National wealthy people in some cases. As to my original point, I’m not sure Title at $4.8 million. That is all work So I am rising to say this amend- if 125 is the right level, but the concept that was done on WRP contracts. It ment, as in the past, gets defeated; but

VerDate Mar 15 2010 05:44 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.211 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4267 these gentlemen have an issue, and I ing to the census, there are 18,000 black Ms. JACKSON LEE of Texas. The op- just beg with the leaders. I’ve got great farmers. According to the testimony of portunities for Members to have respect for the ranking member of the the president of the Black Farmers As- amendments is a privilege that should Ag Committee here on our side of the sociation before the Judiciary Com- not be denied. And I respect my col- aisle. I know he can wrestle with these mittee, there are 18,000 black farmers. league from Iowa for his right to offer problems. He’s a CPA. He knows these Well, the 18,000 black farmers esti- an amendment. But it is tragic and dis- things. mating 3,000 claims of discrimination appointing that my friend from Iowa, I think the handwriting is on the became 22,551 claims. That was Pigford who served with me on the Judiciary wall. If the conservatives on your side I. And $1.05 billion was paid out then to Committee, would take this time to de- of the aisle would take this on as an settle all of the claims that were there. mean the tragic lives that black farm- issue that Americans are really going There was an argument made that oth- ers, Native Americans farmers, and to address, we may get some progress ers didn’t get filed. But it always was a others impacted have experienced over on the farm bill. If you don’t, you’re number greater than the actual num- several decades; to raise the name of abandoning your marketing concepts, ber of black farmers. And you can’t Shirley Sherrod, whose eloquent story and you’re abandoning what is needed have more black farmers discriminated and painful story of the loss of her fa- in modern America. against than there actually are. ther in the segregated South, who was Just remember, that apple, that pear, They tried to open up Pigford II. This murdered, and the family had to sur- that banana in there, that celery, the Congress didn’t act on it in an affirma- vive after his tragic murder because of strawberries—the list goes on and on tive way between the House and the his color—to my knowledge, a farmer, with all the fruits and vegetables—they Senate until late last fall in a lame man of the Earth. don’t get any of these payments. So duck session. President Barack Obama I sat on the Judiciary Committee for let’s not have a bifurcated agricultural introduced legislation as a junior Sen- a number of years, and this legislation production out there where half of it ator from Illinois in 1989 and 2007, and proceeded through the Judiciary Com- depends on taxpayer payments and the was instrumental in pushing this mittee. I join the gentleman in want- other half has to just live by market through in a lame duck session that ing to ensure the adequacy of the im- forces. Let’s have everybody a lot more appropriated $1.15 billion to pay out plementation of this settlement. I want influenced by market forces. claims. to stand alongside a transparent sys- I yield back the balance of my time. Now we have not 3,000 claims. We tem. But this was a lawsuit that many The Acting CHAIR. The question is still have 18,000 black farmers. Now we of the litigants died before they even on the amendment offered by the gen- have 94,000 claims and report after re- got to the settlement. This is the tleman from Oregon (Mr. port of fraudulent claims and mar- American way—a battle in the courts, BLUMENAUER). keting this as perpetuation of a fraud a settlement—had it not been for the The question was taken; and the Act- across this country. And my amend- good will of Members of this body on ing Chair announced that the noes ap- ment shuts off the funding that would both sides of the aisle, members of the peared to have it. be used to administer or to fund the Congressional Black Caucus who joined Mr. BLUMENAUER. Mr. Chairman, I balance of these Pigford II claims, with members of the Democratic Cau- demand a recorded vote. which this Congress must investigate cus, Republicans, past Presidents, who The Acting CHAIR. Pursuant to the fraud that’s here. were concerned and interested in the clause 6 of rule XVIII, further pro- By the way, Shirley Sherrod, who devastation tragedy of the segregated ceedings on the amendment offered by was fired by the Secretary of Agri- South and a segregated Department the gentleman from Oregon will be culture, was the largest recipient and who treated black farmers in a dis- postponed. the largest civil rights claim in the parate way from others. Individuals AMENDMENT OFFERED BY MR. KING OF IOWA history of America, with $13 million for who went bankrupt, who lost farms be- Mr. KING of Iowa. Mr. Chairman, I her claim. Three days later, Tom cause they could not get the same ac- have an amendment at the desk. Vilsack hired her to work for the cess to agricultural loans that others The Acting CHAIR. The Clerk will re- USDA. Later, he fired her. Later, he could. And in the wisdom of the court port the amendment. hired her back. Then she sued Andrew system and the wisdom of this body The Clerk read as follows: Breitbart. All of these things are infor- and the wisdom of a settlement, relief At the end of the bill (before the short mation that we need to find out. This was brought not before many had died title), insert the following new section: Congress cannot be paying out another and their heirs, trembling, limited, SEC. ll. None of the funds made available $1.15 billion in good money going after scattered, few, were able to come to- by this Act may be used to make payments bad claims. We have reports and video- gether and receive the funding. (or to pay the salaries and expenses of per- tape. One is a class counsel who had his I’m sorry Mr. KING was not at the sonnel of the Department of Agriculture to own videotape and says that he has signing of that final settlement and to make payments) under section 201 of the 3,000 clients who have filed discrimina- see those historic families, patriots, Claims Resolution Act of 2010 (Public Law who expressed nothing but love for this 111–291; 124 Stat. 3070), relating to the final tion claims, and least 10 percent of settlement of claims from In re Black Farmers them are fraudulent claims. A class country. What a tragedy to come and Discrimination Litigation, or section 14012 of counsel, who was included in this sec- interfere with an existing settlement. I the Food, Conservation, and Energy Act of ond agreement, which by the way, the don’t even know how he can put this 2008 (Public Law 110–246; 122 Stat. 2209). court has not finally approved. amendment up on the floor. It’s late. The Acting CHAIR. The gentleman is So, Mr. Chairman, this amendment We’re losing our voices here. But I recognized for 5 minutes. shuts off the funding that would be would ask my colleagues on both sides Mr. KING of Iowa. Mr. Chairman, used to pay these claims, the funding of the aisle to recognize that there’s this amendment emanates from claims that would be used to administer these nothing wrong with ensuring that the that were filed subsequent to a press claims, and it gives this Congress an Agriculture Department and the sur- conference held by then-Secretary of opportunity to look into what has been rounding entities that are dealing with Agriculture Dan Glickman in 1995, who done to the taxpayer here in America. the distribution of these funds be said that the USDA was discriminating And so I urge adoption of my amend- transparent and without fraud. against black farmers. I believe that ment. I believe that I have explained But it would be absurd for any Mem- happened. Their estimate at the USDA what it amounts to, although it has ber to join and to vote to interfere with at that time was that there were ap- been very intensively in the news over the legitimate settlement of legitimate proximately 3,000 black farmers who the last year or so. claims that have evidenced the pain would file claims under what resulted I would urge its adoption. and devastation and disregard and dis- in a consent decree in the late nineties. I yield back the balance of my time. parate treatment and discrimination Ms. JACKSON LEE of Texas. I move and unconstitutional treatment of b 2330 to strike the last word. farmers who we claim on this floor The 3,000 estimate became 22,551 The Acting CHAIR. The gentlewoman today to love. Farming is part of the claims of discrimination. But accord- is recognized for 5 minutes. American fabric. And if there’s any

VerDate Mar 15 2010 05:48 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.213 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4268 CONGRESSIONAL RECORD — HOUSE June 15, 2011 body of people who understands farms, SEC. ll. None of the funds made available troduce the bipartisan open fuel stand- it is the ex-slaves who worked for 400 by this Act may be used by the Department ard, H.R. 1687. It’s similar to what I’m years without payment in the cotton of Agriculture, the Food and Drug Adminis- doing now. fields of the South. tration, the Commodity Futures Trading I just wanted to briefly mention that I ask my colleagues to consider op- Commission, or any other Federal Agency receiving funds under this Act to lease or our bill, not this amendment but our posing this amendment, and I rise re- purchase new light duty vehicles, for any ex- bill, would require 50 percent of new spectfully to oppose it. ecutive fleet, or for an agency’s fleet inven- automobiles in 2014, 80 percent in 2016, Mr. FARR. Mr. Chair, Pigford v. Glickman tory, except in accordance with Presidential and 95 percent in 2017 to be warranted was a class action discrimination suit between Memorandum-Federal Fleet Performance, to operate on non-petroleum fuels, in the USDA and black farmers. The suit was dated May 24, 2011. addition to or instead of petroleum- filed by an estimated 2,000 black farmers who The Acting CHAIR. The gentleman based fuels. It would cost $100 or less said that USDA discriminated against them in from New York is recognized for 5 min- per car to manufacture cars that would loan programs. A settlement agreement was utes. be flex fuel cars. approved in 1999. Mr. ENGEL. On May 24, President Compliance possibilities include the The suit claimed that USDA discriminated Obama issued a memorandum on Fed- full array of existing technologies, in- against black farmers on the basis of race and eral fleet performance, which requires cluding flex fuel, natural gas, hydro- failed to investigate or properly respond to that all new light-duty vehicles in the gen, biodiesel, plug-in electric drive, complaints from 1983 to 1997. Federal fleet to be alternate fuel vehi- fuel cell, and a catch-all for new tech- The deadline for submitting a claim was cles, such as hybrid, electric, natural nologies. September 12, 2000. However, a large num- gas, or biofuel, by December 31, 2015. I encourage my colleagues to support ber of applicants filed late and reported defi- the Engel amendment and the open b 2340 ciencies in representation by class counsel. fuel standard as we work toward break- Consequently, the 2008 farm bill (PL 110– My amendment simply echoes the ing our dependence on foreign oil. I 246) permitted any claimant who had sub- Presidential memorandum by prohib- thank Chairman KINGSTON for his cour- mitted a late-filing request under Pigford and iting funds in the Agriculture appro- tesies, and I urge bipartisan support of who hadn’t previously obtained a determina- priations bill from being used to lease my amendment. tion on the merits of their claim should obtain or purchase new light-duty vehicles ex- I yield back the balance of my time. a determination. A maximum of $100 million in cept in accord with the President’s Mrs. LUMMIS. Mr. Chairman, the mandatory spending was made available for memorandum. chairman of the subcommittee informs payments of these claims in the 2008 farm bill. Two weeks ago, I introduced a simi- me that he will accept the amendment. The multiple claims that were subsequently lar amendment to the Department of The Acting CHAIR. The question is filed by over 25,000 black farmers were con- Homeland Security appropriations bill on the amendment offered by the gen- solidated into a single case, In re Black Farm- that was accepted by both parties and tleman from New York (Mr. ENGEL). ers Discrimination Litigation (commonly re- passed by voice vote unanimously. The amendment was agreed to. ferred to as Pigford II). Our transportation sector is by far AMENDMENT OFFERED BY MR. KING OF IOWA On February 18, 2010, Attorney General the biggest reason we send $600 billion Mr. KING of Iowa. Mr. Chairman, I Holder and Secretary Vilsack announced a per year to hostile nations to pay for have an amendment at the desk. $1.25 billion settlement of these Pigford II oil at ever-increasing costs, but Amer- The Acting CHAIR. The Clerk will re- claims. ica doesn’t need to be dependent on for- port the amendment. The Pigford II settlement provides both a eign sources of oil for transportation The Clerk read as follows: fast-track settlement process and high pay- fuel. Alternative technologies exist At the end of the bill (before the short ments to potential claimants who go through a today that, when implemented broadly, title), insert the following: more rigorous review and documentation proc- will allow any alternative fuel to be SEC. ll. None of the funds made available ess. used in America’s automotive fleet. by this Act may be used for mifepristone, Potential claimants can seek the fast-track The Federal Government operates commonly known as RU-486, for any purpose. payments of up to $50,000 plus debt relief, or the largest fleet of light-duty vehicles The Acting CHAIR. The gentleman is choose the longer process damages of up to in America. According to GSA, there recognized for 5 minutes. $250,000. are over 660,000 vehicles in the Federal Mr. KING of Iowa. Thank you, Mr. Finally, our Nation’s black farmers who were fleet, with almost 38,000 belonging to Chairman. discriminatecl against by their own govern- the Department of Agriculture. Sup- This is an amendment that comes ment have received some modicum of justice. porting a diverse array of vehicle tech- and there’s an Iowa focus on this that Despite years of political gamesmanship nologies in our Federal fleet will en- affects the whole country. We have had that prevented us from finding a fair resolution, courage development of domestic en- a practice that began experimentally thousands of families who have waited for the ergy resources, including biomass, nat- in Iowa by Planned Parenthood of settlements will now receive them. ural gas, coal, agricultural waste, hy- issuing telemed abortions by distrib- We cannot deny them this basic justice. Ms. JACKSON LEE of Texas. I yield drogen, and renewable electricity. uting RU–486, the abortion pill, what is back the balance of my time. Expanding the role these energy also known as mifepristone, distrib- The Acting CHAIR. The question is sources play in our transportation uting it through a means of setting up on the amendment offered by the gen- economy will help break the leverage a television monitor and it circum- tleman from Iowa (Mr. KING). over Americans held by foreign govern- venting the requirement in Iowa that The question was taken; and the Act- ment-controlled oil companies and will they be seen by a doctor. A doctor sits ing Chair announced that the ayes ap- increase our Nation’s domestic secu- remotely on the other side of the peared to have it. rity and protect consumers from price Skype screen, so to speak, and inter- Mr. FARR. Mr. Chairman, I demand a spikes and shortages in the world’s oil views the potential mother, who if once recorded vote. markets. I ask that we all support my she answers the questions that the doc- The Acting CHAIR. Pursuant to amendment. tor asks and they record it under film clause 6 of rule XVIII, further pro- The chairman, the gentleman from that they’ve protected themselves per- ceedings on the amendment offered by Georgia, and I cochair the Oil and Na- haps from liability, he clicks the the gentleman from Iowa will be post- tional Security Caucus, and we do it mouse on the one end and it opens a poned. because we believe that America can- drawer underneath the screen on the AMENDMENT OFFERED BY MR. ENGEL not be totally free unless we’re energy other end and out rolls the abortion Mr. ENGEL. Mr. Chairman, I have an independent and while we still have to pill, RU–486. amendment at the desk. rely on hostile foreign nations to get I am very concerned about the robo The Acting CHAIR. The Clerk will re- our fuel and to get our fuel supplies. distribution of abortion pills in Iowa or port the amendment. On a similar note, I have worked anywhere else. Some of us signed a let- The Clerk read as follows: with my colleagues, Mr. SHIMKUS, Mr. ter, 70 of us, to Kathleen Sebelius and At the end of the bill (before the short BARTLETT and Mr. ISRAEL, and for asked if they had distributed grants for title), insert the following: many years with Mr. KINGSTON to in- telemedicine to any of the abortion

VerDate Mar 15 2010 05:48 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.216 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4269 providers, including Planned Parent- Mr. FARR. Mr. Chairman, I know it’s The Clerk will continue to read. hood. Their response came back in the late, but I rise in opposition to this, be- The Clerk continued to read. affirmative, that they had issued sev- cause, first of all, using telemedicine Mrs. LUMMIS. Mr. Chairman, I re- eral grants to Planned Parenthood; and by FDA I don’t think is, one, illegal, or serve a point of order on the gentle- these funds, as near as we can deter- ill-wise. Secondly, I think what the man’s amendment. I don’t have a copy mine, are being used to provide tele- gentleman is going to talk about is a of it. medicine for the robo abortions, robo legal drug in the United States. It’s The Acting CHAIR. A point of order Skype abortions as I’ve described. been a legitimate drug in the United is reserved. This amendment provides that none States after it met all of the rigorous The gentleman from Michigan is rec- of the funds made available in this $15 FDA process in 1996 and has been avail- ognized for 5 minutes. million telemedicine line item that’s in able since 2000 in this country. Mr. CLARKE of Michigan. Thank this appropriations bill shall be used I remember vigorous debates in this you, Mr. Chair. for the purpose of purchasing, pre- committee about the conditionality by I would like to let this Congress scribing, dispensing, procuring, or oth- which FDA would license this drug. It know and the American people know erwise administering mifepristone, is legal and available in all 50 States in that I’ve identified a funding source so commonly known as RU–486. the United States, in Washington, DC, that we can provide nutritious food and I would just urge the body to pay at- in Guam, and in Puerto Rico. It’s a pre- fresh fruits and vegetables to those tention to what this means for the scription drug which is not available to Americans who live in areas around country and understand that no one in the public through pharmacies. In- this country that the gentlelady from America paying taxes should be com- stead, its distribution is restricted to Texas (Ms. JACKSON LEE) so appro- pelled to pay for abortions if they are specifically qualified licensed physi- priately described as food deserts. doing that. Skype-robo abortions are cians. To use it, a woman must go to a As a matter of fact, this government abhorrent. They’re irresponsible. We doctor’s office. currently spends hundreds of millions have 14 deaths of moms that have come Whatever controversy surrounded the of dollars to build agricultural busi- from this; 2,207 adverse events; 339 introduction of RU–486 in the United nesses, to help support farmers, to help blood transfusions; and 612 hospitaliza- States was settled years ago, and new farmers start new agricultural tions. there’s no reason for this amendment businesses in order to address food This is a dangerous drug, and to dis- other than to stir up the controversy desert issues. Unfortunately, that tribute it through robo-Skype abor- over the reproductive rights of women. money is not spent here to help Ameri- tions—I’m opposed to it philosophi- I think by the gentleman’s comments, cans eat better. It’s spent in the Af- cally for a lot of reasons, but practical you can see that that’s what he’s try- ghanistan desert. As a matter of fact, minds who might disagree on the abor- ing to do. in this previous fiscal year, this gov- tion issue should understand that this I would urge us all to oppose this ernment spent over $700 million on ag- government should not be paying for amendment. And frankly it doesn’t ricultural aid in Afghanistan. What I it. This amendment prohibits the use have anything to do with USDA funds, propose is to redirect 1 percent of that of these funds in the $15 million line because we don’t do telemedicine abor- money that’s going to Afghanistan item from being used to provide tele- tions. right now, send it back to the United medicine abortions. I yield back the balance of my time. States so people here can eat nutri- Mr. FARR. Will the gentleman yield? The Acting CHAIR. The question is tional food and have access to fresh Mr. KING of Iowa. I yield to the gen- on the amendment offered by the gen- fruits and vegetables. tleman from California. tleman from Iowa (Mr. KING). And I would like to say one thing. Mr. FARR. Could you tell me where The question was taken; and the Act- The argument on why we’re spending in the bill this has anything to do with ing Chair announced that the ayes ap- that kind of money to support farmers what you’re talking about? peared to have it. in Afghanistan is because we don’t Mr. KING of Iowa. Reclaiming my Mr. FARR. Mr. Chairman, I demand a want those farmers growing poppies to time, I believe I did, but I would re- recorded vote. sell opium to fund safe havens for ter- state that there’s a line item in the bill The Acting CHAIR. Pursuant to rorists. We understand that there are that provides $15 million to go to clause 6 of rule XVIII, further pro- people around the world that want to grants for telemedicine. ceedings on the amendment offered by attack this country like they did many Mr. FARR. That’s not in the amend- the gentleman from Iowa will be post- years ago, but because bin Laden is ment that we have. poned. now dead, it’s time for us to reassess Mr. KING of Iowa. The amendment our mission in Afghanistan. We don’t that I have put out here says: ‘‘None of b 2350 need to spend $100 billion a year in Af- the funds made available by this Act AMENDMENT OFFERED BY MR. CLARKE OF ghanistan right now. We need to take a may be used for mifepristone, com- MICHIGAN share of that money to help the Amer- monly known as RU–486, for any pur- Mr. CLARKE of Michigan. Mr. Chair, ican people. So, if we took 1 percent of pose.’’ I have an amendment at the desk. And so I’ve specified why I’m con- The Acting CHAIR. The Clerk will re- the money that we spent last year, we cerned and why I address this language port the amendment. would be able to fund the program pro- to the broader bill, but because there The Clerk read as follows: posed by the gentlewoman from Texas. are grant funds available for telemedi- At the end of the bill (before the short Look, I’ve got young folks in the city cine in the bill, that’s why I’m con- title), insert the following: of Detroit right now that would likely SEC. ll. Of the funds appropriated by di- not have to resort to selling drugs if cerned that this application that I’ve vision B of Public Law 111–117 under the used could well go, and has gone ac- they could make a living in urban agri- heading ‘‘Economic Support Fund’’ for as- culture. We need that money that’s cording to Kathleen Sebelius, to those sistance for Afghanistan, $7,700,000 shall be grants. transferred to, and merged with, funds ap- going to Afghanistan. We need it right If the gentleman doesn’t agree, I propriated by this Act under the heading here in the United States so we can would think he neither would disagree ‘‘Agricultural Marketing Services, Mar- help our farmers here, so we can sup- with the amendment because, there- keting Services’’. port farmers’ markets, so we can pro- fore, it wouldn’t have an effect by the Mr. CLARKE of Michigan (during the vide food and nutritional supplements gentleman’s interpretation. reading). I ask unanimous consent to to our pregnant mothers and to their Mr. Chairman, I urge the adoption of dispense with the reading, Mr. Chair- infants and children. Our people in the my amendment. man. United States need a share of their own I yield back the balance of my time. The Acting CHAIR. Is there objection money back here, and that’s why I Mr. FARR. I move to strike the last to the request of the gentleman from wanted to rise to raise this point. word. Michigan? Now, I understand that the rules of The Acting CHAIR. The gentleman Mrs. LUMMIS. I object. this House may not allow me tonight from California is recognized for 5 min- The Acting CHAIR. Objection is to redirect that money from Afghani- utes. heard. stan back here to this budget. And you

VerDate Mar 15 2010 05:48 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.221 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4270 CONGRESSIONAL RECORD — HOUSE June 15, 2011 know what also, too? We could use a ment timeframes prior to having nec- the public disclosure of this informa- share of that money to help retire our essary data, really, if you think about tion will lower the spreads of the Wall deficit and debt at the same time. I’d it, would be arbitrary, would encourage Street banks that do these swaps. like to work with you on that. But you litigation, and will likely have the un- That’s what’s the bottom line of this know what we should do? We should intended consequences on those very whole deal. change these darn rules of the House so same pension funds I talked about— b 0000 we can reduce the overspending, help their ability to protect their investors, create jobs here, reduce health care as well as on the economic growth of If the market participants know costs—because people are going to be our country and job creation. more, like what we do in the exchange eating a lot better, and help the Amer- So, what this amendment would do is trading and so forth, the margins are ican people right now during this eco- require swap data-reporting rules to be going to come down and the profits of nomic recession. finalized and be in place before promul- these big banks are going to shrink. In I’d like to work with you. I’d also gating the final block trade rules or fact, some people have said that they like to work to change the rules of the those real-time reporting criteria think that once this is implemented House so that we can do this, and I un- rules. that it’s probably going to reduce the derstand at this late date this is not Now, I do this because numerous profits of the Wall Street banks 40 per- the time to act, but I’d like to pledge market participants of all shapes and cent. And they don’t like it, and they an agreement to work with the major- sizes have sent to us public comment want to delay it. ity so that we can save the American letters warning of the dangers of get- So some would argue that we need people money, save us health care ting block trades and real-time rules more data collection, and I guess that’s costs, provide better nutrition, address wrong. I will just give you this one. I what you are arguing before this public those food desert issues, fund the ini- had others. I will just give you one of reporting. I think for some swaps, that tiative proposed by the gentlelady from those letters, and that comes from the is the case, and I will agree with that. Texas (Ms. JACKSON LEE) and help end American Benefits Council. Who are But on other swaps, the institutions this economic recession and return us they? Well, they and their members are already collecting this data. They to prosperity. provide benefit services to over 100 mil- can go forward with this public report- With that, Mr. Chair, I ask unani- lion Americans in the Committee on ing. We have the information. There’s mous consent to withdraw my amend- Investment of Employee Benefit As- no reason to delay it. In other cases ment. sets, whose members include more than where we don’t have the information, The Acting CHAIR. Without objec- 100 of the country’s largest pension it probably isn’t appropriate to delay tion, the amendment is withdrawn. funds and manage more than $1 trillion it. There was no objection. on behalf of 15 million member plan But the CFTC has the discretion to AMENDMENT NO. 22 OFFERED BY MR. GARRETT participants and the beneficiaries. do this, and it’s right in the law. It’s on Mr. GARRETT. Mr. Chairman, I have I will just give you one quote from page 328 of the conference report. And an amendment at the desk. this, not all the other ones: We have we’ve put in there the criteria to allow The Acting CHAIR. The Clerk will concerns about the sequencing of pro- them to move ahead with the swaps designate the amendment. posed real-time reporting rules in rela- where we have the data and to delay it The text of the amendment is as fol- tion to the collection of swap market where we don’t have the data. But what lows: information. We believe that they you are trying to do is you are going to At the end of the bill, before the short should first obtain market information delay the whole thing, and all it’s title, insert the following: via reporting of trades of swap data re- going to do is ensure that these profits SEC. ll. None of the funds made available positories—which have to be set up, of and these big bonuses that they’re pay- by this Act may be used by the Commodity course—and then propose rules based ing on Wall Street can go on longer Futures Trading Commission to promulgate on this data such as real-time report- than they need to. any final rules under paragraphs (13) or (14) ing, which necessarily would better So I don’t know any reason why we of section 2(a) of the Commodity Exchange need to do this. If you read this, they Act, as added by section 727 of the Dodd- serve the intended purposes. Frank Wall Street Reform and Consumer So, in conclusion, by instituting a have all the discretion. All of the prob- Protection Act, until 12 months after the more commonsense approach to these lems that people brought up with the promulgation of final swap transaction re- rule-makings, we’re giving them the block trades and these other things porting rules under section 21 of the Com- ability to collect that data of the swap that people were concerned about are modity Exchange Act. transaction information to determine in there. The Acting CHAIR. The gentleman those reasonable block trade levels And the last thing it says: They have from New Jersey is recognized for 5 that they have to set, the real-time re- to take into account whether the pub- minutes. porting requirement as well, and to do lic disclosure will materially reduce Mr. GARRETT. This is a protect re- so in a way that will not impair the market liquidity. And they are doing tiree pensions and jobs by ensuring a well-functioning of the marketplace. that, and they are doing that as we’re well-functioning swaps market amend- With that, I yield back the balance of going through this process. And I be- ment. my time. lieve that at the end of the day, it’s Mr. Chairman, I ask for your support Mr. PETERSON. Mr. Chairman, I rise going to be fine. today for my amendment which would to oppose the amendment and move to Mr. GARRETT. Will the gentleman do that—prevent unintended con- strike the last word. yield? sequences from impacting literally The Acting CHAIR. The gentleman Mr. PETERSON. I yield to the gen- millions of pension plan participants from Minnesota is recognized for 5 min- tleman from New Jersey. and the beneficiaries that follow. My utes. Mr. GARRETT. So the gentleman amendment would simply require the Mr. PETERSON. Mr. Chairman and agrees that there is only partial infor- CFTC to finalize important data-re- Members, this is part of the continuing mation at this point in time out there. porting rules before they implement effort to delay the implementation of Mr. PETERSON. On some things. new rules for certain swap trans- the Dodd-Frank Act as long as pos- Mr. GARRETT. On some things. actions. sible. We’ve seen some other examples On other things, the gentleman See, with this change, it would be of that. This section deals with public would agree that there is no informa- able to collect the transaction data reporting swap data. tion out there at all on certain— that it needs to determine the reason- What people need to understand, the Mr. PETERSON. Well, I wouldn’t say able standards for block trade levels people that are most afraid of the pub- there isn’t any information. Some of and real-time reporting requirements lic disclosure are not the people that these are so thinly traded that you are without first disrupting the market- are using this market. It’s the banks. never going to be able to have real- place. You see, finalizing any numer- What this is really about and what this time reporting. We understand that, ical determination of block trade sizes end-user debate that’s been going on is and there is not going to be a require- or setting real-time reporting require- about more than anything else is that ment on those. But there’s no reason to

VerDate Mar 15 2010 05:48 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.224 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4271 stop the real-time reporting where we user more money. The end user is all come communities combat food insecu- have the information and where that the customers that this bill is all rity by developing community food information will make these prices bet- about. projects that encourage healthy habits ter for the people that use it. If the gentleman really wants to help and self-sufficiency. These grants in- And this is the same issue with the the banks, maybe his amendment crease the self-reliance of low-income end users. They’re going to get a better ought to be in the Financial Services communities that have historically en- deal if we allow this disclosure. Why bill. But this is going to hurt our peo- countered difficulties in providing they’re fighting us is beyond me, un- ple that we, in this committee, work foods. Programs funded by Community less they’re in cahoots with the Wall for all the time. And I don’t think Food Projects Grants have been suc- Street banks. I’m not sure. Do people that’s a very good amendment. cessful in cities and towns. And, in think that the folks on Wall Street I ask for a ‘‘no’’ vote on the amend- fact, more than 550,000 Harris County aren’t making enough money? Is that ment. residents relied on the Supplemental what this is about? I don’t know. I yield back the balance of my time. Nutrition Assistance Program to buy Mr. GARRETT. I would appreciate if The Acting CHAIR. The question is food. the gentleman would not make the al- on the amendment offered by the gen- But one of the important aspects of legation that we make these applica- tleman from New Jersey (Mr. GAR- this is the urban garden. The People’s tions here because anyone is in cahoots RETT). Garden School Pilot Program will de- with Wall Street banks, such as you’ve The question was taken; and the Act- velop and run gardens in high-poverty just made. ing Chair announced that the ayes ap- schools. Teaching students about Mr. PETERSON. They are the people peared to have it. health and nutrition and increasing ac- that are against this. They were Mr. PETERSON. Mr. Chairman, I de- cess to healthy foods are invaluable against it when we did it. So I just mand a recorded vote. benefits of schools where more than 50 don’t buy that the pension funds are The Acting CHAIR. Pursuant to percent of the student body qualifies the ones that are concerned about this clause 6 of rule XVIII, further pro- for free or reduced-cost lunches. because the things that they’re con- ceedings on the amendment offered by I rise to encourage support for this cerned about are covered in the law, the gentleman from New Jersey will be particular part of the bill so that we and they’re being taken into account postponed. can continue to support urban gar- by Chairman Gensler and the people at AMENDMENT NO. 29 OFFERED BY MS. JACKSON dening. And I want to salute Veggie the CFTC as they develop these rules. LEE OF TEXAS Pals, a gardening program that does Mr. GARRETT. If the gentleman will Ms. JACKSON LEE of Texas. I have just that. It finds patches of land wher- yield, I know I read through it quickly an amendment at the desk. ever it might be, and it makes sure because I was asked to move along The Acting CHAIR. The Clerk will that we provide healthy food. things quickly at the end of the designate the amendment. This amendment would ensure that evening, but one of the documents that The text of the amendment is as fol- nothing in this legislation, nothing in I read was one of the comment letters. lows: this appropriation would prohibit the It was not from the Wall Street bank Page 80, after line 2, insert the following growth and continued expansion of this but was from the American Benefits (and make such technical and conforming very important concept of urban gar- Council, those very same pension bene- changes as may be appropriate): dening. The number of Americans who fits companies speaking about this. SEC. 747. None of the funds made available suffer from poverty and hunger is unac- They are the ones who are raising it. by this Act may be used in contravention of ceptable. So it is those end users. Those are the the Food and Nutrition Act of 2008 (7 U.S.C. b 0010 participants. Those people are rep- 2011 et seq.). resenting beneficiaries. They are the The Acting CHAIR. The gentlewoman Reducing or redirecting funding ones who are asking for this delay. It’s is recognized for 5 minutes. meant to increase food security and not the Wall Street banks that I’m Ms. JACKSON LEE of Texas. Mr. nutrition is simply not an option. Join making reference to. It’s the pension Chairman, I hope my colleagues will me in recognizing the value of urban funds. join me in recognizing the value of em- gardens. And thank you to the Veggie Mr. PETERSON. There are hundreds phasizing the importance of urban gar- Pals gardening program that has edu- of thousands of comments. I haven’t dening. My amendment would prohibit cated how many thousands of children read them all. I don’t know what they any of the funds made available by the and emphasized the value of good and all say. appropriations from being used in con- healthy food. Mr. GARRETT. We can supply you travention of the Food and Nutrition This program, Veggie Pals, urban with the ones. Act of 2008. gardening, educating people about nu- Mr. PETERSON. Well, I have end Forty-seven million American fami- trition, meal preparation, physical ac- users coming into my office arguing lies live in poverty that restricts their tivities, cookbooks, Olympics and oth- against their own interests. So I can’t access to healthy food. The Food and ers, promotes healthy behavior. figure it out. Nutrition Act of 2008 supports numer- I ask my colleagues to support this The Acting CHAIR. The time of the ous programs aimed at reducing hunger amendment. gentleman has expired. throughout the country. Seventeen Mr. Chair, I rise before you and my col- Mr. PETERSON. But all I’m saying is million children struggle with hunger leagues today to take the opportunity to ex- this is an unnecessary amendment. It’s every day, affecting their ability to plain my amendment to H.R. 2112, ‘‘Making in the statute. These things are cov- learn and develop in a country so full Appropriations for Agriculture, Rural Develop- ered. It makes no sense to delay the en- of resources. It is unconscionable that ment, Food and Drug Administration, and Re- tire situation. You have maybe a few millions of children do not have enough lated Agencies Programs for the fiscal year things that are of concern, and they to eat. We cannot consider proposals ending September 30, 2012, and for other pur- are going to be taken care of. that would contradict existing legisla- poses.’’ My amendment would prohibit any of Mr. FARR. I move to strike the last tion aimed at improving food security, the funds made available by the appropria- word. such as the Food and Nutrition Act of tions from being used in contravention of the The Acting CHAIR. The gentleman 2008. Food and Nutrition Act of 2008. from California is recognized for 5 min- In my home State of Texas, where I 47 million American families live in poverty utes. represent the 18th Congressional Dis- that restricts their access to healthy food. The Mr. FARR. What Ranking Member trict, 17.4 percent of all households Food and Nutrition Act of 2008 supports nu- PETERSON is talking about is that this struggle with food security. Commu- merous programs aimed at reducing hunger is an ag bill that is to help agriculture, nity Food Projects Competitive Grants throughout the country. producers of agriculture. What this are a vital aspect of the Food and Nu- 17 million children struggle with hunger amendment does is hurt them. It sup- trition Act and must be preserved. every day, affecting their ability to learn and ports the banks by delaying trans- Community Food Projects Grants have develop. In a country so full of resources, it is parency. So it’s going to cost the end helped thousands of people in low-in- unconscionable that millions of children do not

VerDate Mar 15 2010 06:23 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00083 Fmt 7634 Sfmt 9920 E:\CR\FM\K15JN7.227 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4272 CONGRESSIONAL RECORD — HOUSE June 15, 2011 have enough to eat. We cannot consider pro- The Clerk read as follows: And so at a time when we’re broke— posals that would contradict existing legislation At the end of the bill (before the short 42 cents of every dollar we spend is bor- aimed at improving food security, such as the title), insert the following: rowed money—this new regulation cre- Food and Nutrition Act of 2008. SEC. ll. None of the funds made available ates and references all of these new of- In my home state of Texas, where I rep- by this Act may be used to implement the fices, the Climate Change Program Of- resent the 18th Congressional District, 17.4 Departmental Regulation of the Department fice. It says they’ve got to develop a percent of all households struggle with food of Agriculture entitled ‘‘Policy Statement USDA climate change adaptation plan. on Climate Change Adaptation’’ (Depart- It references the USDA’s global change security. Community Food Project Competitive mental Regulation 1070–001 (June 3, 2011)). Grants are a vital aspect of the Food and Nu- task force. The Acting CHAIR. The gentleman trition Act that must be preserved. In fact, if you look, after they re- Community Food Project grants have from Louisiana is recognized for 5 min- leased this new regulation, they issued helped thousands of people in low-income utes. $7.4 million to implement a bunch of communities combat food insecurity by devel- Mr. SCALISE. Mr. Chairman, this new grants that are being used to do oping community food projects that encourage amendment prevents any taxpayer things like study carbon credits. healthy habits and self-sufficiency. funds from being used to implement Well, again, that was all brought up These grants increase the self reliance of the Department of Agriculture’s new in cap-and-trade and rejected by Con- low income communities that have historically rule and regulation titled Policy State- gress. And yet here they come with a encountered difficulties in providing for their ment on Climate Change Adaptation. de facto, back-door attempt at another own food needs. Programs funded by commu- Mr. Chairman, we’ve had this debate cap-and-trade-type of program. We’ve got to stop this attack on our nity food project grants have been successful on cap-and-trade in the last Congress. job creators. We’ve got to stop, in this in cities and towns across America, and would In fact, there was a bipartisan coali- case, the attack that’s being proposed certainly make a difference in the 18th Con- tion of Members that voted and ulti- on our farmers. They actually are now gressional District. In December of 2010, more mately defeated the cap-and-trade pro- posal by President Obama brought in spending millions of dollars, the USDA than 550,000 Harris County residents relied on is, to study how farmers can grow crops the Supplemental Nutrition Access Program to the last Congress. And yet here we now have a new regulation that was just in 2050, based on what they think the buy food. climate will be under these new regula- Hunger and food insecurity have grave im- issued by the Department of Agri- tions. pacts on children. Students do not have the culture less than 2 weeks ago to imple- ment, in essence, a back-door attempt Look, our local weatherman can’t opportunity to succeed if they are hungry. The tell us what the weather’s going to be People’s Garden School Pilot program will de- to put a cap-and-trade program in place in the Department of Agri- this Saturday, within a 50 percent mar- velop and run gardens at high poverty gin of error. And yet the Department’s schools. Teaching students about health and culture. And if you’ll look at some of the de- spending millions of dollars to tell us nutrition and increasing access to healthy what the climate’s going to be in 39 foods are invaluable benefits at schools where tails laid out in this policy statement, this is a regulation that was just im- years to determine how our farmers more than 50 percent of the student body should be growing crops. This is ludi- qualifies for free or reduced cost lunches. plemented by the Department of Agri- culture. It gives new powers to the De- crous. We rejected it here in Congress. Community food project grants and other We shouldn’t be allowing these kinds of initiatives such as the People’s Garden Project partment to go into areas where right now we, as a Congress, have said we regulations to be implemented. And represent practical and long term solutions to hopefully this amendment will get don’t want the administration to be ending food insecurity in America. We must be adopted. going. committed to funding programs that encourage I yield back the balance of my time. self-sufficient food sources, highlight the im- In fact, if you’ll look at what agen- The Acting CHAIR. The question is portance of nutrition, and reach children at an cies like the EPA are doing in trying to on the amendment offered by the gen- early age. implement other forms of cap-and- tleman from Louisiana (Mr. SCALISE). The number of Americans who suffer from trade, global warming, carbon emis- The question was taken; and the Act- poverty and hunger is unacceptable. Reducing sion-type programs, we’ve been rolling ing Chair announced that the ayes ap- or redirecting funding meant to increase food those agencies back. We’ve been having peared to have it. security and nutrition is simply not an option. hearings that have showed how this is Mr. FARR. Mr. Chairman, I demand a We must continue to fund programs like the not only bad policy but this will kill recorded vote. community food project grants and the Peo- jobs in America. The Acting CHAIR. Pursuant to ple’s Garden. And so if you look at some of the pro- clause 6 of rule XVIII, further pro- It is the responsibility of each and every visions in this, the policy establishes a ceedings on the amendment offered by Member in this chamber to work for the well- USDA-wide directive to integrate cli- the gentleman from Louisiana will be being of our constituents and to ensure that mate change adaptation planning into postponed. the basic needs of constituents are met. I urge USDA programs, policies, and oper- AMENDMENT NO. 28 OFFERED BY MS. JACKSON my colleagues to think of those who are af- ations. LEE OF TEXAS fected by hunger in their districts and support Mr. Chairman, it further goes on, it Ms. JACKSON LEE of Texas. Mr. this amendment. actually gives new powers to the agen- Chairman, I have an amendment at the I yield back the balance of my time. cy. It says every single office shall desk. The Acting CHAIR. The question is identify for USDA’s Office of the Gen- The Acting CHAIR. The Clerk will on the amendment offered by the gen- eral Counsel areas where legal analysis designate the amendment. tlewoman from Texas (Ms. JACKSON is needed to carry out actions identi- The text of the amendment is as fol- LEE). fied under this Department regulation. lows: The question was taken; and the Act- Now, what does that mean? Well, if Page 80, after line 2, insert the following: ing Chair announced that the noes ap- you just look at what these types of SEC. lll. None of the funds made avail- able by this Act may be used in contraven- peared to have it. policies and regulations are being used tion of section 310B(e) of the Consolidated Ms. JACKSON LEE of Texas. Mr. to do at EPA, what it does is give the Farm and Rural Development Act (7 U.S.C. Chairman, I demand a recorded vote. authority for USDA lawyers to go and 1932(e)). The Acting CHAIR. Pursuant to issue findings that can then be used The Acting CHAIR. The gentlewoman clause 6 of rule XVIII, further pro- against our farmers, findings that will is recognized for 5 minutes. ceedings on the amendment offered by cost our farmers jobs, increase the Ms. JACKSON LEE of Texas. As I dis- the gentlewoman from Texas will be price of food. cuss my amendment, I want to indicate postponed. And don’t just look at what this pol- to my friends on the other side of the AMENDMENT OFFERED BY MR. SCALISE icy does. Look at what’s happening in aisle, for the life of me, I can’t under- Mr. SCALISE. Mr. Chairman, I have some of the other agencies where stand why you would oppose an amend- an amendment at the desk. they’re already trying to carry this ment that costs no funds and only em- The Acting CHAIR. The Clerk will re- out, and Congress has been trying to phasizes the importance of urban gar- port the amendment. roll them back. dening. There lies the ludicrousness of

VerDate Mar 15 2010 05:48 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A15JN7.107 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4273 the lack of collaboration and under- settlement. The President had re- programs should be appreciated, supported, standing when there are amendments quested some $40 million to provide and funded. that would help all of us. So I do ex- settlements for discrimination claims However, in this significant group of Amer- press my great disappointment that filed under the Equal Credit Oppor- ican farmers, it is important that we not over- you didn’t understand the amendment tunity Act. look the too often marginalized population of minority farmers. As many of you may know, and, rather than ask what the amend- b 0020 ment meant, you voted loudly ‘‘no.’’ the history of minority farmers and government That’s unfortunate for the American It is unfortunate that those resources programs is a long and tumultuous one. Mi- people. We do that all the time. apparently were not able to be in- nority farmers have faced years of institu- But I rise today to emphasize the im- cluded. tionalized discrimination when applying for portance of making sure that we imple- The USDA anticipates that 600 Federal Government funding. This is a fact ment the judgment that has already claims will need to be settled under that is discouraging for many minority farmers, previously been discussed that helps this action. The estimate of funding and quite frankly embarrassing for many gov- the unfortunate farmers that experi- needed to settle these 600 cases is based ernment institutions. enced proven discrimination at the De- on the average settlement cost for As a Senior Member of the House Judiciary partment of Agriculture and to credit claimants under other civil rights class Committee, I have been actively involved in Members on both sides of the aisle for action law suits, most notably the al- the fight to ensure that minority farmers re- recognizing it and recognizing the im- ready settled Pigford discrimination ceive justice for the many discriminations that portance of not infringing upon a judi- lawsuit. they have faced and a fair chance at achiev- cial decision, a settlement that could This request was only of $20 million. ing the American Dream. Too often African help a number of farmers in all cat- It is not in this bill. This amendment American, Latino, and Native American farm- egories that were acknowledged by does not address the fact that it’s not ers have been shortchanged on agricultural many Members of this body. in this bill; it simply says we are fair grants, loans, and programs. This injustice has I thank a number of my colleagues when we understand the issue. I hope prevented minority farmers from being as suc- who worked on these issues for a num- that we will have the opportunity to cessful as they could be. It has also prevented ber of years. They worked on it with understand the issue. The more farm- American society in general from reaping the great sincerity and, as well, they rec- ers we can have producing the good benefits of their labor. It is with this very sad- ognized that it is important for us to food that has made America great—the dening fact in mind that I propose the imme- continue to produce food, but, as well, bread basket of America—is the better diate distribution of funding designated for co- we need to ensure that all farmers, way to go. operatives whose primary focus is to provide small farmers and certainly minority So I hope my colleagues will support assistance to small, socially disadvantaged farmers, have the opportunity to en- this amendment that simply reinforces producers. gage in their trade. the importance of creating equal ac- By accelerating the disbursement of this My amendment would ensure that cess to resources so that we can funding, minority farmers and cooperatives the agricultural appropriations are ef- produce the food necessary for the supporting minority farmers will have earlier fectively and promptly made available American people. I showed just a mo- access to the resources that they need and as necessary through this process and, ment ago that of a healthy child and a deserve. The results of this funding—techno- as well, to work with cooperatives sup- military family. We need to make sure logical advances and agricultural sector porting small socially disadvantaged that all Americans have access to food, growth—will benefit not only farmers, but producers. and we should extinguish the concept American society as a whole. The benefits will The amendment would make the al- of food insecurity. We can do that by be evident on our local farms, in our neighbor- location of funds to cooperatives sup- helping the many different farmers and hood supermarkets, and in our national econ- porting the work of minority and so- small farmers that rely upon these omy. If we want our agricultural sector to cially disadvantaged farmers as pro- very important programs to help them grow, thrive, and compete, we must consider vided in section 310(b)(e) of the Consoli- produce the food for America. this amendment to make the distribution of dated Farm and Rural Development Mr. Chairman, I ask my colleagues to these funds urgent and effective. The time has come for the United States to Act a priority. support this amendment. take a proactive role in upholding the stand- Again, this particular amendment re- I yield back the balance of my time. ards of equality and fairness in the agricultural quires no money. It just indicates that Mr. Chair, I rise before you and my col- sector. I believe it is of the utmost importance we should follow through on the provi- leagues today to take the opportunity to ex- that we make use of every available oppor- sions. However, this funding is vital to plain my amendment to H.R. 2112, ‘‘Making tunity to acknowledge the work of all Ameri- support the many farmers and their Appropriations for Agriculture, Rural Develop- cans whose labor contributes to the health families that work tirelessly to make ment, Food and Drug Administration, and Re- and welfare of society. All agricultural workers, sure that other hardworking families lated Agencies Programs for the fiscal year minority farmers in particular, should be pro- ending September 30, 2012, and for other pur- have food to eat. It would be hard to vided the necessary assistance to ensure that poses.’’ My amendment would ensure that ag- deny the vital role that American the fruits of their labor can continue to fuel our ricultural appropriations are effectively and farmers play in our society. daily work. This is not just because the gov- It is also important that this signifi- promptly made available to minority farmers ernment has historically done such a poor job cant group of American farmers not be and cooperatives supporting small, socially providing equal and fair support to minority disadvantaged producers. overlooked, not be marginalized. And I farmers, but because it is the right thing to do. This amendment would make the allocation would, frankly, say that we support With this in mind I urge the adaptation of my of funds to cooperatives supporting the work their continued existence. They have a proposed amendment to H.R. 2112. Thank of minority and socially disadvantaged farmers long history, and I believe it is impor- you for your time and consideration in this im- as provided in Section 310B(e) of the Consoli- tant to do so. perative matter. As a senior member of the House Ju- dated Farm and Rural Development Act a pri- The Acting CHAIR. The question is diciary Committee, I remember the ority. I believe by considering cooperative de- on the amendment offered by the gen- long journey we took in order to ensure velopment grants for farmers for the fiscal tlewoman from Texas (Ms. JACKSON that African American, Latino and Na- year 2012, we as a Congressional body have LEE). tive American farmers would not be already taken a step in the right direction. This The question was taken; and the Act- shortchanged of grants, loans, and pro- funding is vital to support the many farmers ing Chair announced that the noes ap- grams. This amendment simply seeks and their families that work tirelessly to make peared to have it. to reinforce that. sure that other hardworking American families Ms. JACKSON LEE of Texas. Mr. Finally, I would make the point that have food to eat. It would be hard to deny the Chairman, I demand a recorded vote. I hope that we would have the oppor- vital role that American farmers play in our so- The Acting CHAIR. Pursuant to tunity to find the necessary collabora- ciety. The benefits of their labors are imme- clause 6 of rule XVIII, further pro- tion again to settle claims of discrimi- diately visible in our schools’ cafeterias, our ceedings on the amendment offered by nation from those farmers who had not local grocery stores, and even on our dining the gentlewoman from Texas will be yet come under the particular recent room tables. American farmers and farming postponed.

VerDate Mar 15 2010 05:48 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.235 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4274 CONGRESSIONAL RECORD — HOUSE June 15, 2011 AMENDMENT OFFERED BY MS. HIRONO ment projects. I don’t think it is fair to And for people to get on this floor Ms. HIRONO. I have an amendment leave these local governments holding and constantly talk about the recovery at the desk. the bag while the Federal Government and the number of jobs, well, I want to The Acting CHAIR. The Clerk will re- just walks away from these commit- submit just for the record the number port the amendment. ments. Even shutting down projects of of jobs that were saved in Florida and The Clerk read as follows: course costs money, and we can’t leave Georgia and other places because of the At the end of the bill (before the short them just halfway done on these Recovery Act. projects. How can we just walk away title), insert the following: f SEC. ll. For preventive measures author- from these projects before realizing the ized under the Watershed Protection and economic and environmental benefits HOUR OF MEETING Flood Prevention Act (16 U.S.C. 1001 et seq.) they were designed to deliver? and the Soil Conservation and Domestic Al- Mr. KINGSTON. Mr. Speaker, I ask I urge my colleagues to support fund- unanimous consent that when the lotment Act (16 U.S.C. 590a et seq.), includ- ing for this important program. It af- ing research, engineering operations, meth- House adjourns today, it adjourn to ods of cultivation, the growing of vegetation, fects 40 States plus Pacific islands. meet at 9 a.m. today. I will submit for the RECORD a list of rehabilitation of existing structures, and The SPEAKER pro tempore. Is there unfunded Federal commitments to au- changes in use of land, there is hereby appro- objection to the request of the gen- thorized watershed projects in so many priated, and the amount otherwise provided tleman from Georgia? of our States. by this Act for ‘‘Agricultural Programs—Ag- There was no objection. riculture Buildings and Facilities and Rental Mr. Chairman, I yield back the bal- Payments’’ is reduced by, $3,000,000, to re- ance of my time. f main available until expended. The Acting CHAIR. The question is ADJOURNMENT The Acting CHAIR. The gentlewoman on the amendment offered by the gen- from Hawaii is recognized for 5 min- tlewoman from Hawaii (Ms. HIRONO). Mr. KINGSTON. Mr. Speaker, I move utes. The question was taken; and the Act- that the House do now adjourn. Ms. HIRONO. Mr. Chairman, I rise to ing Chair announced that the noes ap- The motion was agreed to; accord- speak in support of my amendment to peared to have it. ingly (at 12 o’clock and 28 minutes restore $3 million in funding for the Ms. HIRONO. Mr. Chairman, I de- a.m.), under its previous order, the Watershed and Flood Protection pro- mand a recorded vote. House adjourned until today, Thurs- gram. Funding for this program was The Acting CHAIR. Pursuant to day, June 16, 2011, at 9 a.m. clause 6 of rule XVIII, further pro- eliminated in fiscal year 2011, and no f funding is provided in this bill. ceedings on the amendment offered by My amendment provides $3 million the gentlewoman from Hawaii will be EXECUTIVE COMMUNICATIONS, for this program, just 10 percent of the postponed. ETC. $30 million provided in fiscal year 2010. Mr. KINGSTON. Mr. Chairman, I Under clause 2 of rule XIV, executive I am taking funding from the agri- move that the committee do now rise. communications were taken from the The motion was agreed to. culture buildings and facilities and Accordingly, the Committee rose; Speaker’s table and referred as follows: rental payments to offset the cost of and the Speaker pro tempore (Mr. 1963. A letter from the Congressional Re- my amendment. Under my amendment, view Coordinator, Department of Agri- CONAWAY) having assumed the chair, the Natural Resources Conservation culture, transmitting the Department’s final Mr. DOLD, Acting Chair of the Com- Service, NRCS, would make the deter- rule — Importation of Swine Hides and mittee of the Whole House on the state Skins, Bird Trophies, and Ruminant Hides mination on where to direct the funds. of the Union, reported that that Com- The Watershed and Flood Control and Skins; Technical Amendment [Docket mittee, having had under consideration No.: APHIS-2006-0113] (RIN: 0579-AC11) re- Program provides for cooperation be- the bill (H.R. 2112) making appropria- ceived May 23, 2011, pursuant to 5 U.S.C. tween the Federal Government, States, tions for Agriculture, Rural Develop- 801(a)(1)(A); to the Committee on Agri- and localities to prevent erosion, flood ment, Food and Drug Administration, culture. water, and sediment damage. This is and Related Agencies programs for the 1964. A letter from the Congressional Re- view Coordinator, Department of Agri- also a vital program to further the de- fiscal year ending September 30, 2012, velopment, utilization, and disposal of culture, transmitting the Department’s final and for other purposes, had come to no rule — Brucellosis in Swine; Add Texas to water. It also helps to further the con- resolution thereon. servation and utilization of land and List of Validated Brucellosis-Free States f [Docket No.: APHIS-2011-0005] received May authorized watersheds. 23, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Watershed improvements under this SETTING THE RECORD STRAIGHT the Committee on Agriculture. program are cost-shared between the (Ms. BROWN of Florida asked and 1965. A letter from the Under Secretary, Federal Government and local govern- was given permission to address the Department of Defense, transmitting the De- ments. I think that’s a good thing. The House for 1 minute and to revise and partment’s Annual Report for FY 2010 re- program is being zeroed out despite the extend her remarks.) garding the training, and its associated ex- fact that we have an unfunded Federal Ms. BROWN of Florida. Mr. Speaker, penses, of U.S. Special Operations Forces commitment of more than $1 billion for (SOF) with friendly foreign forces, pursuant I listened with great interest last night to 10 U.S.C. 2011; to the Committee on Armed 297 cost-shared projects in 39 States, on the debate pertaining to cutting Services. American Samoa, and the Common- funds for children and women with the 1966. A letter from the Under Secretary, wealth of the Northern Mariana Is- Department of Agriculture. And I’m Department of Defense, transmitting the De- lands. These projects would help to re- greatly disturbed by the assertion that partment’s Evaluation of the TRICARE Pro- duce flood damage in 320 communities, we should do that and cut programs for gram for Fiscal Year 2011, pursuant to 10 improve agriculture water supply in 80 senior citizens and the disabled because U.S.C. 1073 note; to the Committee on Armed communities, and improve water qual- of the budgetary problems that we’re Services. ity in 132 streams. 1967. A letter from the Secretary, Army, having here in Washington. Department of Defense, transmitting a letter Clearly, the national reach of this Yes, we’re having problems; but regarding a directed quantity reduction; to program is apparent from the numbers those problems did not start 18 months the Committee on Armed Services. I just cited. In fact, I have a list of the ago. Those problems have been going 1968. A letter from the Under Secretary, 41 States and the Pacific islands that on for a very long time. And we’re Department of Defense, transmitting a letter have been helped by this program, in- making decisions. And when we voted— on the approved retirement of Lieutenant cluding Iowa, Kansas, Missouri, New not I—in December to give billionaires General Donald C. Wurster, United States Mexico, Oklahoma, Tennessee, Texas— and millionaires $780 billion and then Air Force, and his advancement on the re- the list goes on. in June and April you say you don’t tired list in the grade of lieutenant general; to the Committee on Armed Services. States and the local governments have money for pension checks and you 1969. A letter from the Under Secretary, have worked together with NRCS, and don’t have money for senior citizens Department of Defense, transmitting a letter they put up their own funds to con- and you don’t have money for children on the approved retirement of Lieutenant struct flood control and water develop- and babies, it’s a mispriority. General John T. Sheridan, United States Air

VerDate Mar 15 2010 05:48 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K15JN7.237 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE June 15, 2011 CONGRESSIONAL RECORD — HOUSE H4275 Force, and his advancement on the retired 6-11 informing of an intent to sign a Memo- the Office of the Inspector General during list in the grade of lieutenant general; to the randum of Understanding with the Czech Re- the 6-month period ending March 31, 2011, Committee on Armed Services. public; to the Committee on Foreign Affairs. pursuant to 5 U.S.C. app. (Insp. Gen. Act), 1970. A letter from the Under Secretary, 1982. A letter from the Acting Assistant section 5(b); to the Committee on Oversight Department of Defense, transmitting a letter Secretary, Legislative Affairs, Department and Government Reform. on the approved retirement Lieutenant Gen- of State, transmitting Pursuant to section 1993. A letter from the Chairman, National eral William G. Webster, Jr., United States 702 of the Foreign Relations Authorization Endowment for the Arts, transmitting the Army, and his advancement to the grade of Act for FY 2003 (Pub. L. 107-228), a report on Semiannual Report of the Inspector General lieutenant general on the retired list; to the the 2010 U.S.-Vietnam Human Rights Dia- and the Semiannual Report on Final Action Committee on Armed Services. logue Meetings; to the Committee on For- Resulting from Audit Reports, Inspection 1971. A letter from the Secretary, Depart- eign Affairs. Reports, and Evaluation Reports for the pe- ment of the Treasury, transmitting the an- 1983. A letter from the Acting Assistant riod October 1, 2010 through March 31, 2011, nual report on the operations of the Ex- Legal Advisor for Treaty Affairs, Depart- pursuant to 5 U.S.C. app. (Insp. Gen. Act), change Stabilization Fund (ESF) for fiscal ment of State, transmitting report prepared section 5(b); to the Committee on Oversight year 2010, pursuant to 31 U.S.C. 5302(c)(2); to by the Department of State concerning and Government Reform. the Committee on Financial Services. international agreements other than treaties 1994. A letter from the Chairman, Railraod 1972. A letter from the Acting Director, entered into by the United States to be Retirement Board, transmitting the semi- SFHGLD, Department of Agriculture, trans- transmitted to the Congress within the annual report on activities of the Office of Inspector General for the period October 1, mitting the Department’s final rule — Single sixty-day period specified in the Case-Za- 2010 through March 31, 2011; to the Com- Family Housing Guaranteed Loan Program blocki Act; to the Committee on Foreign Af- mittee on Oversight and Government Re- (RIN: 0575-AC83) received May 16, 2011, pursu- fairs. form. 1984. A letter from the Acting Assistant ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1995. A letter from the Director, Office of on Financial Services. Secretary, Legislative Affairs, Department Surface Mining, Department of the Interior, 1973. A letter from the Associate General of State, transmitting a six-month periodic transmitting the Department’s final rule — Counsel for Legislation and Regulation Divi- report on the national emergency with re- Alabama Regulatory Program [SATS No.: sions, Department of Housing and Urban De- spect to the proliferation of weapons of mass AL-076-FOR; Docket ID: OSM-2010-0020] re- velopment, transmitting the Department’s destruction that was declared in Executive ceived May 23, 2011, pursuant to 5 U.S.C. final rule — HUD Multifamily Rental Order 12938 of November 14, 1994, and contin- 801(a)(1)(A); to the Committee on Natural Projects: Regulatory Revisions [Docket No.: ued by the President each year, most re- Resources. FR-5393-F-02] (RIN: 2502-A195) received May cently on November 6, 2010; to the Com- 1996. A letter from the Director, Office of 13, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Foreign Affairs. Surface Mining, Department of the Interior, the Committee on Financial Services. 1985. A letter from the Secretary, Depart- transmitting the Department’s final rule — 1974. A letter from the President and ment of the Treasury, transmitting as re- Montana Regulatory Program [STAS No.: Chairman, Export-Import Bank, transmit- quired by section 204(c) of the International MT-030-FOR; Docket ID No. OSM-2009-0007] ting a report involving U.S. exports to the Emergency Economic Powers Act, 50 U.S.C. received May 23, 2011, pursuant to 5 U.S.C. People’s Republic of China, pursuant to 12 1703(c), and pursuant to Executive Order 801(a)(1)(A); to the Committee on Natural U.S.C. 635(b)(3)(i); to the Committee on Fi- 13313 of July 31, 2003, a six-month periodic re- Resources. nancial Services. port on the national emergency with respect 1997. A letter from the Assistant Secretary 1975. A letter from the Chairman and Presi- to Iran that was declared in Executive Order — Land and Materials Management, Depart- dent, Export-Import Bank, transmitting a 12170 of November 14, 1979; to the Committee ment of the Interior, transmitting the De- report on transactions involving U.S. exports on Foreign Affairs. partment’s final rule — Renewable Energy to Luxembourg pursuant to Section 2(b)(3) of 1986. A letter from the Secretary, Depart- Alternate Uses of Existing Facilities on the the Export-Import Bank Act of 1945, as ment of the Interior, transmitting the De- Outer Continental Shelf-Acquire a Lease amended; to the Committee on Financial partment’s semiannual report from the of- Noncompetitively [Docket ID: BOEM-2010- Services. fice of the Inspector General for the period 0045] (RIN: 1010-AD71) received 12, 2011, pur- 1976. A letter from the General Counsel, October 1, 2010 through March 31, 2011, pursu- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Federal Housing Finance Agency, transmit- ant to 5 U.S.C. app. (Insp. Gen. Act), section mittee on Natural Resources. ting the Agency’s final rule — Federal Home 5(b); to the Committee on Oversight and 1998. A letter from the Deputy Assistant Loan Bank Investments (RIN: 2590-AA32) re- Government Reform. Administrator for Operations, NMFS, Na- ceived May 19, 2011, pursuant to 5 U.S.C. 1987. A letter from the Auditor, Office of tional Oceanic and Atmospheric Administra- 801(a)(1)(A); to the Committee on Financial the District of Columbia Auditor, transmit- tion, transmitting the Administration’s final Services. ting copy of the report entitled ‘‘Compara- rule — Magnuson-Stevens Act Provisions; 1977. A letter from the General Counsel, tive Analysis of Actual Cash Collections to Fisheries of the Northeastern United States; National Credit Union Administration, the Revised Revenue Estimate Through the Northeast Multispecies Fishery; 2011 Sector transmitting the Administration’s final rule 4th Quarter of Fiscal Year 2010’’, pursuant to Operations Plans and Contracts, and Alloca- — Corporate Credit Unions (RIN: 3133-AD74) D.C. Code section 47-117(d); to the Committee tion of Northeast Multispecies Annual Catch received May 23, 2011, pursuant to 5 U.S.C. on Oversight and Government Reform. Entitlements [Docket No.: 110201085-1212-02] 801(a)(1)(A); to the Committee on Financial 1988. A letter from the Associate General (RIN: 0648-XY55) received May 16, 2011, pursu- Services. Counsel for General Law, Department of ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural Resources. 1978. A letter from the Director, Direc- Homeland Security, transmitting a report 1999. A letter from the Deputy Assistant torate of Standards and Guidance, Occupa- pursuant to the Federal Vacancies Reform Administrator for Operations, NMFS, Na- tional Safety and Health Administration, Act of 1998; to the Committee on Oversight tional Oceanic and Atmospheric Administra- transmitting the Administration’s final rule and Government Reform. tion, transmitting the Administration’s final — General Working Conditions in Shipyard 1989. A letter from the Secretary, Depart- rule — Magnuson-Stevens Fishery Conserva- Employment [Docket No.: OSHA-S049-2006- ment of Labor, transmitting the Depart- tion and Management Act Provisions; Fish- 0675 (formerly Docket No. S-049)] (RIN: 1218- ment’s semiannual report from the office of eries of the Northeastern United States; AB50) received May 16, 2011, pursuant to 5 the Inspector General for the period October Northeast (NE) Multispecies Fishery; Frame- U.S.C. 801(a)(1)(A); to the Committee on Edu- 1, 2010 through March 31, 2011, pursuant to 5 work Adjustment 45 [Docket No.: 100923469- cation and the Workforce. U.S.C. app. (Insp. Gen. Act), section 5(b); to 1211-02] (RIN: 0648-BA27) received May 16, 1979. A letter from the Secretary, Depart- the Committee on Oversight and Govern- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of Health and Human Services, trans- ment Reform. Committee on Natural Resources. mitting the 2010 report of Health, United 1990. A letter from the Secretary, Depart- 2000. A letter from the Acting Director, Of- States, compiled by the National Center for ment of Veterans Affairs, transmitting the fice of Sustainable Fisheries, NMFS, Na- Health Statistics, and the Centers for Dis- semiannual report on activities of the In- tional Oceanic and Atmospheric Administra- ease Control and Prevention, pursuant to 42 spector General for the period October 1, tion, transmitting the Administration’s final U.S.C. 242m(a)(1)(c); to the Committee on 2010, through March 31, 2011, pursuant to 5 rule — Fisheries of the Exclusive Economic Energy and Commerce. U.S.C. app. (Insp. Gen. Act), section 5(b); to Zone Off Alaska; Reallocation of Pacific Cod 1980. A letter from the Director, Defense the Committee on Oversight and Govern- in the Bering Sea and Aleutian Islands Man- Security Cooperation Agency, transmitting ment Reform. agement Area [Docket No.: 101126521-0640-02] Transmittal No. 11-22 pursuant to the report- 1991. A letter from the Commissioner, Elec- (RIN: 0648-XA404) received May 16, 2011, pur- ing requirements of Section 36(b)(1) of the tion Assistance Commission, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Com- Arms Export Control Act, as amended; to the Semiannual Report of the Inspector General mittee on Natural Resources. Committee on Foreign Affairs. for the period October 31, 2010 through March 2001. A letter from the Deputy Assistant 1981. A letter from the Director, Inter- 1, 2011; to the Committee on Oversight and Administrator for Regulatory Programs, national Cooperation, Department of De- Government Reform. NMFS, National Oceanic and Atmospheric fense, transmitting pursuant to Section 27(f) 1992. A letter from the Administrator, Gen- Administration, transmitting the Adminis- of the Arms Export Control Act and Section eral Services Administration, transmitting tration’s final rule — Fisheries of the North- 1(f) of Executive Order 11958, Transmittal No. the Administration’s semiannual report from eastern United States; Atlantic Bluefish

VerDate Mar 15 2010 05:48 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\L15JN7.000 H15JNPT1 pwalker on DSKDVH8Z91PROD with HOUSE H4276 CONGRESSIONAL RECORD — HOUSE June 15, 2011 Fishery; 2011 Atlantic Bluefish Specifica- pense Reimbursement (ITVERP) Report to Directives; Reims Aviation S.A. Model F406 tions; Regulatory Amendment [Docket No.: Congress 2009; to the Committee on the Judi- Airplanes [Docket No.: FAA-2011-0058; Direc- 101228634-1149-02] (RIN: 0648-BA26) received ciary. torate Identifier 2010-CE-071-AD; Amendment May 16, 2011, pursuant to 5 U.S.C. 2010. A letter from the Administrator, De- 39-16640; AD 2011-07-03] (RIN: 2120-AA64) re- 801(a)(1)(A); to the Committee on Natural partment of Transportation, transmitting ceived May 12, 2011, pursuant to 5 U.S.C. Resources. the Federal Aviation Administration’s Cap- 801(a)(1)(A); to the Committee on Transpor- 2002. A letter from the Acting Director, Of- ital Investment Plan (CIP) for fiscal years tation and Infrastructure. fice of Sustainable Fisheries, NMFS, Na- 2012-2016, pursuant to 49 U.S.C. app. 2019. A letter from the Program Analyst, tional Oceanic and Atmospheric Administra- 2203(b)(1); to the Committee on Transpor- Department of Transportation, transmitting tion, transmitting the Administration’s final tation and Infrastructure. the Department’s final rule — Airworthiness rule — Fisheries of the Exclusive Economic 2011. A letter from the Program Analyst, Directives; Sicma Aero Seat 9140, 9166, 9173, Zone Off Alaska; Pacific Cod by Catcher Ves- Department of Transportation, transmitting 9174, 9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, sels Using Trawl Gear in the Bering Sea and the Department’s final rule — Airworthiness 91C4, 91C5,and 9301 Series Passenger Seat As- Aleutian Islands Management Area [Docket Directives; Hamilton Sundstrand Propellers semblies; and Sicma Aero Seat 9501311-05, No.: 101126521-0640-02] (RIN: 0648-XA364) re- Model 247F Propellers [Docket No.: FAA- 9501301-06, 9501311-15, 9501301-16, 9501441-30, ceived May 16, 2011, pursuant to 5 U.S.C. 2009-0113; Directorate Identifier 2008-NE-25- 9501441-33, 9501311-55, 9501301-56, 9501441-83, 801(a)(1)(A); to the Committee on Natural AD; Amendment 39-16602; AD 2011-04-02] (RIN: 9501441-95, 9501311-97, and 9501301-98 Passenger Resources. 2120-AA64) received May 12, 2011, pursuant to Seat Assemblies; Installed on Various Trans- 2003. A letter from the Acting Director, Of- 5 U.S.C. 801(a)(1)(A); to the Committee on port Category Airplanes [Docket No.: FAA- fice of Sustainable Fisheries, NMFS, Na- Transportation and Infrastructure. 2010-0027; Directorate Identifier 2008-NM-204- tional Oceanic and Atmospheric Administra- 2012. A letter from the Program Analyst, AD; Amendment 39-16642; AD 2011-07-05] (RIN: tion, transmitting the Administration’s final Department of Transportation, transmitting 2120-AA64) received May 12, 2011, pursuant to rule — Fisheries of the Caribbean, Gulf of the Department’s final rule — Airworthiness 5 U.S.C. 801(a)(1)(A); to the Committee on Mexico, and South Atlantic; Snapper-Group- Directives; Dassault-Aviation Model FAL- Transportation and Infrastructure. er Fishery of the South Atlantic; Reopening CON 7X Airplanes [Docket No.: FAA-2010- 2020. A letter from the Commissioner, So- of the Commercial Sector for Vermilion 1207; Directorate Identifier 2010-NM-140-AD; cial Security Administration, transmitting Snapper in the South Atlantic [Docket No.: Amendment 39-16680; AD 2011-09-18] (RIN: the Administration’s Fifteenth 2011 Annual 040205043-4043-01] (RIN: 0648-XA360) received 2120-AA64) received May 12, 2011, pursuant to Report of the Supplemental Security Income May 16, 2011, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on Program, pursuant to Public Law 104-193, 801(a)(1)(A); to the Committee on Natural Transportation and Infrastructure. section 231 (110 Stat. 2197); to the Committee Resources. 2013. A letter from the Program Analyst, on Ways and Means. 2004. A letter from the Acting Director, Of- Department of Transportation, transmitting 2021. A letter from the Assistant Secretary, fice of Sustainable Fisheries, NMFS, Na- the Department’s final rule — Airworthiness Department of Defense, transmitting addi- tional Oceanic and Atmospheric Administra- Directives; Airbus Model A340-200, -300, -500, tional legislative proposals that the Depart- tion, transmitting the Administration’s final and -600 Series Airplanes [Docket No.: FAA- ment requests be enacted during the first rule — Fisheries of the Northeastern United 2011-0386; Directorate Identifier 2010-NM-115- session of the 112th Congress; jointly to the States; Summer Flounder Fishery; Quota AD; Amendment 39-16679; AD 2011-09-17] (RIN: Committees on Armed Services and Foreign Affairs. Transfer [Docket No.: 101029427-0609-02] (RIN: 2120-AA64) received May 12, 2011, pursuant to 2022. A letter from the Deputy Assistant 0648-XA371) received May 16, 2011, pursuant 5 U.S.C. 801(a)(1)(A); to the Committee on Administrator, Office of Diversion Control, to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. 2014. A letter from the Program Analyst, Department of Justice, transmitting the De- Natural Resources. partment’s final rule — Self-Certification 2005. A letter from the Acting Director, Of- Department of Transportation, transmitting and Employee Training of Mail-Order Dis- fice of Sustainable Fisheries, NMFS, Na- the Department’s final rule — Airworthiness tributors of Scheduled Listed Chemical tional Oceanic and Atmospheric Administra- Directives; DG Flugzeugbau GmbH Glaser- Products [Docket No.: DEA-347I] (RIN: 1117- tion, transmitting the Administration’s final Dirks Model DG-808C Gliders [Docket No.: AB30) received May 5, 2011, pursuant to 5 rule — Fisheries of the Caribbean, Gulf of FAA-2010-0409; Directorate Identifier 2011- U.S.C. 801(a)(1)(A); jointly to the Committees Mexico, and South Atlantic; Gulf of Mexico CE-011-AD; Amendment 39-16678; AD 2011-09- on Energy and Commerce and the Judiciary. Reef Fish Fishery; 2011 Accountability Meas- 16] (RIN: 2120-AA64) received May 12, 2011, 2023. A letter from the Assistant Secretary, ures for Greater Amberjack and Closure of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Defense, transmitting addi- the 2011 Gulf of Mexico Commercial Sector mittee on Transportation and Infrastruc- tional legislative proposals that the Depart- for Greater Amberjack [Docket Nos.: ture. ment requests be enacted during the first 100610255-0257-01 and 040205043-4043-01] (RIN: 2015. A letter from the Program Analyst, session of the 112th Congress; jointly to the 0648-XA353) received May 16, 2011, pursuant Department of Transportation, transmitting Committees on Foreign Affairs and Armed to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness Services. Natural Resources. Directives; Airbus Model A330-300, A340-200, 2006. A letter from the Acting Director, Of- and A340-300 Series Airplanes [Docket No.: f fice of Sustainable Fisheries, NMFS, Na- FAA-2010-1309; Directorate Identifier 2010- PUBLIC BILLS AND RESOLUTIONS tional Oceanic and Atmospheric Administra- NM-060-AD; Amendment 39-16662; AD 2011-08- tion, transmitting the Administration’s final 12] (RIN: 2120-AA64) received May 12, 2011, Under clause 2 of rule XII, public rule — Fisheries of the Exclusive Economic pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- bills and resolutions of the following Zone Off Alaska; Pacific Cod in the Bering mittee on Transportation and Infrastruc- titles were introduced and severally re- Sea and Aleutian Islands Management Area ture. ferred, as follows: [Docket No.: 101126521-0640-02] (RIN: 0648- 2016. A letter from the Program Analyst, By Mr. GINGREY of Georgia (for him- XA405) received May 16, 2011, pursuant to 5 Department of Transportation, transmitting self, Mr. GENE GREEN of Texas, Mr. U.S.C. 801(a)(1)(A); to the Committee on Nat- the Department’s final rule — Airworthiness WHITFIELD, Ms. DEGETTE, Mr. ROG- ural Resources. Directives; The Boeing Company Model DC- ERS of Michigan, Ms. ESHOO, and Mr. 2007. A letter from the Management and 9-14, DC-9-15, and DC-9-15F, Airplanes; and SHIMKUS): Program Analyst, Department of Homeland DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series H.R. 2182. A bill to provide incentives for Security, transmitting the Department’s Airplanes [Docket No.: FAA-2010-0958; Direc- the development of qualified infectious dis- final rule — Requiring Residents Who Live torate Identifier 2010-NM-188-AD; Amend- ease products; to the Committee on Energy Outside the United States To File Petitions ment 39-16641; AD 2011-07-04] (RIN: 2120-AA64) and Commerce. According to Form Instructions [CIS No.: received May 12, 2011, pursuant to 5 U.S.C. By Ms. ROS-LEHTINEN (for herself, 2502-11, DHS Docket No. USCIS-2011-0002] 801(a)(1)(A); to the Committee on Transpor- Mr. RIVERA, Ms. BROWN of Florida, (RIN: 1615-AB93) received May 19, 2011, pursu- tation and Infrastructure. Mr. DIAZ-BALART, Ms. WILSON of ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2017. A letter from the Program Analyst, Florida, and Ms. WASSERMAN on the Judiciary. Department of Transportation, transmitting SCHULTZ): 2008. A letter from the Attorney General, the Department’s final rule — Airworthiness H.R. 2183. A bill to increase the portion of Department of Justice, transmitting the De- Directives; Bombardier, Inc. Model CL-600- community development block grants that partment’s decision not to petition the Su- 2B19 (Regional Jet Series 100 & 400) Airplanes may be used to provide public services, and preme court to review the decision of the [Docket No.: FAA-2010-0436; Directorate for other purposes; to the Committee on Fi- U.S. Court of Appeals for the Sixth Circuit in Identifier 2009-NM-230-AD; Amendment 39- nancial Services. the case United States v. Warshak, 631 F.3d 16643; AD 2011-07-06] (RIN: 2120-AA64) received By Mr. COFFMAN of Colorado: 266 (6th Cir. 2010); to the Committee on the May 12, 2011, pursuant to 5 U.S.C. H.R. 2184. A bill to establish the Rare Judiciary. 801(a)(1)(A); to the Committee on Transpor- Earth Policy Task Force, to direct the Sec- 2009. A letter from the Assistant Attorney tation and Infrastructure. retary of the Interior to develop a plan to en- General, Department of Justice, transmit- 2018. A letter from the Program Analyst, sure the long-term supply of rare earth ma- ting copy of the Office of Victims of Crime Department of Transportation, transmitting terials, and for other purposes; to the Com- (OVC) International Terrorism Victim Ex- the Department’s final rule — Airworthiness mittee on Natural Resources, and in addition

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to the Committee on Science, Space, and of Indiana, Ms. BASS of California, Ms. SCHAKOWSKY, Mr. STARK, and Mr. Technology, for a period to be subsequently Mr. PAYNE, Mr. FATTAH, Mr. RUSH, TOWNS): determined by the Speaker, in each case for Mr. HASTINGS of Florida, Mr. CLEAV- H.R. 2197. A bill to amend the Omnibus consideration of such provisions as fall with- ER, Mr. BUTTERFIELD, Ms. LEE of Crime Control and Safe Streets Act of 1968 to in the jurisdiction of the committee con- California, and Ms. WILSON of Flor- provide incentives to States and units of cerned. ida): local government under the Edward Byrne By Ms. ZOE LOFGREN of California H.R. 2191. A bill to require that any home Memorial Justice Assistance Grant Program (for herself and Mr. CONYERS): inspection conducted in connection with a for providing certain services to victims of H.R. 2185. A bill to amend the Immigration purchase of residential real property that in- sexual assault or rape, and for other pur- and Nationality Act to reaffirm the United volves a federally related mortgage loan be poses; to the Committee on the Judiciary. States’ historic commitment to protecting conducted by a State-licensed or State-cer- By Mr. PAULSEN (for himself, Mr. refugees who are fleeing persecution or tor- tified home inspector to determine the exist- SCHOCK, and Mr. DONNELLY of Indi- ture; to the Committee on the Judiciary, and ence of structural, mechanical, and elec- ana): in addition to the Committees on Ways and trical safety defects, and to require inclusion H.R. 2198. A bill to amend the Internal Rev- Means, and the Budget, for a period to be in the standard settlement statement of in- enue Code of 1986 to increase the alternative subsequently determined by the Speaker, in formation regarding any home inspection tax liability limitation for small property each case for consideration of such provi- conducted in connection with settlement; to and casualty insurance companies; to the sions as fall within the jurisdiction of the the Committee on Financial Services. Committee on Ways and Means. committee concerned. By Mr. COHEN (for himself, Mr. By Mr. POE of Texas (for himself, Mr. By Mr. CUMMINGS: FORBES, Mr. ROHRABACHER, Ms. MARCHANT, Mr. WESTMORELAND, Mrs. H.R. 2186. A bill to amend title 10, United SCHAKOWSKY, and Mr. NADLER): ELLMERS, Mr. PITTS, Mr. FRANKS of States Code, to enhance the security of the H.R. 2192. A bill to exempt for an addi- Arizona, Mr. PENCE, Mr. FLORES, Mr. United States and the readiness of the tional 4-year period, from the application of KING of Iowa, Mr. ROONEY, and Mr. Armed Forces by increasing diversity within the means-test presumption of abuse under GINGREY of Georgia): the leadership ranks of the Armed Forces; to chapter 7, qualifying members of reserve H.R. 2199. A bill to prohibit the issuance of the Committee on Armed Services, and in components of the Armed Forces and mem- certain visas to nationals of a country that addition to the Committee on Transpor- bers of the National Guard who, after Sep- denies or unreasonably delays the repatri- tation and Infrastructure, for a period to be tember 11, 2001, are called to active duty or ation of a national ordered removed from the subsequently determined by the Speaker, in to perform a homeland defense activity for United States to such country, and for other each case for consideration of such provi- not less than 90 days; to the Committee on purposes; to the Committee on the Judici- sions as fall within the jurisdiction of the the Judiciary. ary. committee concerned. By Mr. DAVIS of Illinois (for himself, By Mr. ROHRABACHER: By Ms. SCHAKOWSKY (for herself, Mr. Ms. JACKSON LEE of Texas, Mr. RAN- H.R. 2200. A bill to limit assistance to Hon- STARK, Mr. ELLISON, Ms. LEE of Cali- GEL, Mr. TOWNS, Mrs. CHRISTENSEN, duras unless the President certifies to Con- fornia, Ms. DELAURO, Ms. BALDWIN, Mr. BRADY of Pennsylvania, Mr. CON- gress that the Government of Honduras has Mr. RANGEL, Ms. EDDIE BERNICE YERS, Mr. CLAY, and Mr. RUSH): settled all outstanding expropriation claims JOHNSON of Texas, Mr. RYAN of Ohio, H.R. 2193. A bill to amend title IV of the brought by United States companies against Mr. LYNCH, Ms. NORTON, and Mr. Social Security Act to ensure funding for the Government of Honduras; to the Com- SHERMAN): grants to promote responsible fatherhood mittee on Foreign Affairs. H.R. 2187. A bill to amend the Public and strengthen low-income families, and for By Mr. SMITH of Washington (for him- Health Service Act to establish direct care other purposes; to the Committee on Ways self, Mr. DICKS, Mr. LARSEN of Wash- registered nurse-to-patient staffing ratio re- and Means, and in addition to the Commit- ington, and Mr. MCDERMOTT): quirements in hospitals, and for other pur- tees on Education and the Workforce, En- H.R. 2201. A bill to amend title XVIII of the poses; to the Committee on Energy and Com- ergy and Commerce, and Agriculture, for a Social Security Act to improve the provision merce, and in addition to the Committee on period to be subsequently determined by the of items and services provided to Medicare Ways and Means, for a period to be subse- Speaker, in each case for consideration of beneficiaries residing in rural areas; to the quently determined by the Speaker, in each such provisions as fall within the jurisdic- Committee on Ways and Means, and in addi- case for consideration of such provisions as tion of the committee concerned. tion to the Committee on Energy and Com- fall within the jurisdiction of the committee By Mr. ENGEL (for himself, Mr. BUR- merce, for a period to be subsequently deter- concerned. GESS, Mr. ACKERMAN, Mr. RANGEL, mined by the Speaker, in each case for con- By Mr. LATHAM (for himself and Mr. Mr. GONZALEZ, Ms. LEE of California, sideration of such provisions as fall within BURGESS): and Mr. KING of New York): the jurisdiction of the committee concerned. H.R. 2188. A bill to require government- H.R. 2194. A bill to provide grants to better By Mr. TIERNEY: wide application of continuous process im- understand and reduce gestational diabetes, H.R. 2202. A bill to reauthorize the Essex provement methods to reduce waste and im- and for other purposes; to the Committee on National Heritage Area; to the Committee prove the effectiveness of the Federal Gov- Energy and Commerce. on Natural Resources. ernment, and for other purposes; to the Com- By Mr. ENGEL (for himself, Mr. MUR- By Mr. YOUNG of Alaska: mittee on Oversight and Government Re- PHY of Pennsylvania, and Ms. BALD- H.R. 2203. A bill to establish a pilot pro- form. WIN): gram under which veterans in the State of By Mr. SCOTT of Virginia: H.R. 2195. A bill to amend title XVIII of the Alaska may receive health care benefits H.R. 2189. A bill to encourage States to re- Social Security Act to provide for the cov- from the Department of Veterans Affairs at port to the Attorney General certain infor- erage of home infusion therapy under the non-Department medical facilities, and for mation regarding the deaths of individuals in Medicare Program; to the Committee on En- other purposes; to the Committee on Vet- the custody of law enforcement agencies, and ergy and Commerce, and in addition to the erans’ Affairs. for other purposes; to the Committee on the Committee on Ways and Means, for a period By Mr. ROYCE (for himself, Mr. BER- Judiciary. to be subsequently determined by the Speak- MAN, Ms. ROS-LEHTINEN, Mr. SCHIFF, By Mr. WAXMAN (for himself, Mr. er, in each case for consideration of such pro- Mr. COSTA, Ms. ESHOO, Mr. PALLONE, LEVIN, Mr. STARK, Mr. DINGELL, Mr. visions as fall within the jurisdiction of the Mr. MCGOVERN, Mr. FRANK of Massa- GEORGE MILLER of California, and Mr. committee concerned. chusetts, Mr. BACA, Mr. CICILLINE, ANDREWS): By Mr. MARKEY: Mrs. NAPOLITANO, Mr. SARBANES, Mr. H.R. 2190. A bill to amend title XVIII of the H.R. 2196. A bill to direct President, uti- ACKERMAN, Mr. CROWLEY, Mr. NUNES, Social Security Act to require drug manufac- lizing the Western Area Power Administra- Ms. CHU, Mrs. MALONEY, Mr. ENGEL, turers to provide drug rebates for drugs dis- tion, to acquire renewable energy in Mr. SHERMAN, Mr. BRALEY of Iowa, pensed to low-income individuals under the amounts sufficient to ensure that, of the Mr. WOLF, Mr. ROTHMAN of New Jer- Medicare prescription drug benefit program; total amount of electric energy the Federal sey, Mr. BILIRAKIS, Ms. SPEIER, Mr. to the Committee on Energy and Commerce, Government consumes during any fiscal MCCOTTER, Mr. DANIEL E. LUNGREN of and in addition to the Committee on Ways year, certain minimum amounts shall be re- California, Mr. LANGEVIN, Mr. and Means, for a period to be subsequently newable energy, and for other purposes; to GALLEGLY, Mr. LAMBORN, Mr. determined by the Speaker, in each case for the Committee on Oversight and Govern- DENHAM, Mr. CARDOZA, and Mr. consideration of such provisions as fall with- ment Reform, and in addition to the Com- DOLD): in the jurisdiction of the committee con- mittee on Natural Resources, for a period to H. Res. 306. A resolution urging the Repub- cerned. be subsequently determined by the Speaker, lic of Turkey to safeguard its Christian her- By Mr. CLAY (for himself, Mr. LYNCH, in each case for consideration of such provi- itage and to return confiscated church prop- Mr. CONNOLLY of Virginia, Mr. DAVIS sions as fall within the jurisdiction of the erties; to the Committee on Foreign Affairs. of Illinois, Mr. BRALEY of Iowa, Mr. committee concerned. By Mr. BASS of New Hampshire: CLARKE of Michigan, Ms. JACKSON By Mr. NADLER (for himself, Mr. H. Res. 307. A resolution amending the LEE of Texas, Mr. THOMPSON of Mis- GRIJALVA, Mr. HASTINGS of Florida, Rules of the House of Representatives to es- sissippi, Mr. RICHMOND, Mr. CARSON Ms. LEE of California, Ms. NORTON, tablish a Committee on the Reduction of

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A resolution recognizing the cle I, Section 8 of the United States Con- Congress has the power to provide for the achievements of America’s high school val- stitution (Clause 1), which grants Congress common Defense and general Welfare of the edictorians of the graduating class of 2011, the power to provide for the ‘‘general Wel- United States. promoting the importance of encouraging in- fare of the United States.’’ By Mr. ROHRABACHER: tellectual growth, and rewarding academic By Mr. LATHAM: H.R. 2200. excellence of all American high school stu- H.R. 2188. Congress has the power to enact this legis- dents; to the Committee on Education and Congress has the power to enact this legis- lation pursuant to the following: the Workforce. lation pursuant to the following: Article I, Section 9: No Money shall be Article I, Section 8, clause 18 of the United f drawn from the Treasury, but in Con- States Constitution, under which Congress sequence of Appropriations made by Law. CONSTITUTIONAL AUTHORITY has the power ‘‘to make all Laws which shall By Mr. SMITH of Washington: STATEMENT be necessary and proper for carrying into H.R. 2201. Execution the foregoing Powers, and all Congress has the power to enact this legis- Pursuant to clause 7 of rule XII of other Powers vested by this Constitution in lation pursuant to the following: the Rules of the House of Representa- the Government of the United States, or in Article I, Section 8, Clause 3 and Clause 14. tives, the following statements are sub- any Department or Officer thereof.’’ By Mr. TIERNEY: mitted regarding the specific powers By Mr. SCOTT of Virginia: H.R. 2202. granted to Congress in the Constitu- H.R. 2189. Congress has the power to enact this legis- tion to enact the accompanying bill or Congress has the power to enact this legis- lation pursuant to the following: joint resolution. lation pursuant to the following: Article I, section 8 of the United States Article I, Section 8, Clause 3, U.S. Con- Constitution. By Mr. GINGREY of Georgia: stitution. By Mr. YOUNG of Alaska: H.R. 2182. By Mr. WAXMAN: H.R. 2203. Congress has the power to enact this legis- H.R. 2190. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: The constitutional authority on which this lation pursuant to the following: Article 1, Section 8 of the United States legislation is based is found in article I, sec- Article I, section 8, clauses 3 and 18 of the Constitution. tion 8, clause 18 granting Congress the power United States Constitution. f ‘‘to make all Laws which shall be necessary By Mr. CLAY: and proper for carrying into Execution fore- H.R. 2191. ADDITIONAL SPONSORS going Powers, and all other Powers vested by Congress has the power to enact this legis- this Constitution in the Government of the lation pursuant to the following: Under clause 7 of rule XII, sponsors United States, or in any Department or Offi- The Commerce Clause (Art. I & 8, cl. 3) of were added to public bills and resolu- cer thereof.’’ the United States Constitution provide that tions as follows: By Ms. ROS-LEHTINEN: the Congress shall have the power to regu- H.R. 10: Mrs. NOEM. H.R. 2183. late interstate and foreign commerce. H.R. 91: Mr. WOLF, Mr. STIVERS, Mr. Congress has the power to enact this legis- By Mr. COHEN: ROKITA, Mr. MCKINLEY, and Mr. BENISHEK. lation pursuant to the following: H.R. 2192. H.R. 136: Mr. FILNER. Article I—The Legislative Branch. Congress has the power to enact this legis- H.R. 177: Mr. ROKITA and Mr. GALLEGLY. Section 1: The Legislature: lation pursuant to the following: H.R. 178: Mr. LUJA´ N, Mr. GRIJALVA, and Mr. All legislative Powers herein granted shall Article I, Section 8, clause 4 of the United GENE GREEN of Texas. be vested in a Congress of the United States, States Constitution. H.R. 198: Mr. ALTMIRE. which shall consist of a Senate and House of By Mr. DAVIS of Illinois: H.R. 303: Mr. GENE GREEN of Texas. Representatives. H.R. 2193. H.R. 374: Mr. HULTGREN. Section 8: Congress has the power to enact this legis- H.R. 440: Mr. CARTER. Clause 1. The Congress shall have Power to lation pursuant to the following: H.R. 452: Mr. REHBERG. Spending Authorization Article I, Section lay and collect Taxes, Duties, Imposts and H.R. 457: Mr. LANDRY. Excises, to pay the Debts and provide for the 8, Clause 1 H.R. 469: Mr. ELLISON, Mr. NEAL, Mr. CAR- The Congress shall have Power to lay and common Defense and general Welfare of the SON of Indiana, and Mr. MORAN. collect Taxes, Duties, Imposts and Excises, United States; but all Duties, Imposts and H.R. 494: Ms. CASTOR of Florida. to pay the Debts and provide for the common Excises shall be uniform throughout the H.R. 498: Mr. GRIFFITH of Virginia. Defence and general Welfare of the United United States. H.R. 529: Mr. LYNCH. Clause 18. The Congress shall have Power States; but all Duties, Imposts and Excises H.R. 583: Mr. DOYLE, Mr. NADLER, Ms. To make all Laws which shall be necessary shall be uniform throughout the United BALDWIN, Mr. FILNER, Ms. MATSUI, Ms. ROY- and proper for carrying into Execution the States. BAL-ALLARD, Mrs. MALONEY, Mr. HASTINGS of foregoing Powers, and all other Powers vest- By Mr. ENGEL: Florida, Mr. GRIJALVA, Ms. Bordallo, Mr. H.R. 2194. ed by the Constitution in the Government of TOWNS, Ms. LINDA T. SA´ NCHEZ of California, Congress has the power to enact this legis- the United States, or in any Department or Mr. DEUTCH, Mr. PIERLUISI, Mrs. MCCARTHY lation pursuant to the following: Officer thereof. of New York, Mr. HINCHEY, Mrs. LOWEY, Mr. Section 8 of Article 1 of the Constitution By Mr. COFFMAN of Colorado: GENE GREEN of Texas, Mr. GEORGE MILLER of By Mr. ENGEL: H.R. 2184. California, Mr. SIRES, Mr. PASCRELL, Mr. H.R. 2195. Congress has the power to enact this legis- Congress has the power to enact this legis- KUCINICH, Mr. LEWIS of Georgia, Mr. BOS- lation pursuant to the following: lation pursuant to the following: WELL, Ms. LORETTA SANCHEZ of California, The constitutional authorities on which Clause 1 of Section 8 of Article 1 of the Mr. ROTHMAN of New Jersey, Mr. PAYNE, Ms. this bill rests is: Constitution LEE of California, Mr. WEINER, and Mr. The power of Congress to make law regard- By Mr. MARKEY: LANGEVIN. ing the needful rules and regulations respect- H.R. 2196. H.R. 605: Mr. YOUNG of Florida, Mr. SMITH ing the property of the United States, as Congress has the power to enact this legis- of New Jersey, Mr. HURT, Mr. TIPTON, Mr. enumerated in Article IV, Section 3, Clause 2 lation pursuant to the following: GOSAR, and Mr. STUTZMAN. of the United States Constitution. Article I, section 8. H.R. 640: Mr. HONDA. By Ms. ZOE LOFGREN of California: By Mr. NADLER: H.R. 674: Mr. LATTA, Ms. CASTOR of Florida, H.R. 2185. H.R. 2197. Mr. HASTINGS of Washington, Mr. BURGESS, Congress has the power to enact this legis- Congress has the power to enact this legis- Mrs. BLACKBURN, and Mr. FLORES. lation pursuant to the following: lation pursuant to the following: H.R. 679: Mr. WOLF. Article I, Section 8, Clause 4 of the Con- Article 1, section 8, clauses 1 and 18. H.R. 708: Mr. BARLETTA. stitution. By Mr. PAULSEN: H.R. 711: Mr. LEWIS of Georgia and Ms. By Mr. CUMMINGS: H.R. 2198. VELA´ ZQUEZ. H.R. 2186. Congress has the power to enact this legis- H.R. 721: Mr. DENT, Mr. BARLETTA, Mr. LI- Congress has the power to enact this legis- lation pursuant to the following: PINSKI, Mr. KILDEE, and Ms. SEWELL. lation pursuant to the following: Article 1, Section 8 clause 1. H.R. 733: Mr. FILNER, Mr. STIVERS, Mr. Article 1, Section 8, Clauses 12, 13, 14 and By Mr. POE of Texas: ELLISON, Mr. GOODLATTE, Mr. CARTER, and 18. H.R. 2199. Mr. RAHALL. By Ms. SCHAKOWSKY: Congress has the power to enact this legis- H.R. 735: Mrs. ROBY, Mr. HECK, Mr. HANNA, H.R. 2187. lation pursuant to the following: and Mr. FARENTHOLD.

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H.R. 771: Ms. GRANGER, Mr. SESSIONS, Mr. H.R. 1635: Mr. CASSIDY. H. Res. 268: Mr. BACA, Mr. ROYCE, Mr. BARTON of Texas, and Mr. POE of Texas. H.R. 1681: Mr. RYAN of Ohio. FRANKS of Arizona, Mr. MARINO, Mr. AUSTIN H.R. 776: Mr. ELLISON. H.R. 1703: Mr. KUCINICH. SCOTT of Georgia, Mr. BURTON of Indiana, H.R. 795: Mr. BISHOP of Utah. H.R. 1723: Mr. GOODLATTE, Mr. WEST, and Mr. CHANDLER, Mr. ADERHOLT, Mr. CANSECO, H.R. 799: Mr. FILNER. Mr. COFFMAN of Colorado. Mr. CAMPBELL, Mr. MCCARTHY of California, H.R. 816: Mr. BOUSTANY. H.R. 1735: Mrs. MYRICK, Mrs. CAPPS, and Mr. ROHRABACHER, Mr. RYAN of Ohio, Mr. H.R. 822: Mr. MCKEON and Ms. BUERKLE. Mr. RUSH. DUFFY, Mr. LEWIS of California, Mr. FILNER, H.R. 854: Mr. KISSELL. H.R. 1744: Mr. PAULSEN, Mr. BROUN of Geor- and Mr. FLEISCHMANN. H.R. 870: Mr. RUSH. gia, Mr. ROONEY, and Mr. LONG. H. Res. 277: Mrs. SCHMIDT, Mr. MCCOTTER, H.R. 886: Mr. ROONEY, Mr. FLORES, Mr. H.R. 1755: Mr. MARINO and Mr. COSTELLO. Ms. BERKLEY, and Mr. MANZULLO. PENCE, Mrs. SCHMIDT, and Mr. PAULSEN. H.R. 1756: Mr. LOBIONDO, Mr. HIMES, and H. Res. 283: Ms. RICHARDSON. H.R. 931: Mr. BENISHEK. Mr. SMITH of New Jersey. H. Res. 289: Ms. BROWN of Florida, Mr. H.R. 942: Mr. MCDERMOTT. H.R. 1789: Mr. SHERMAN. CLAY, Mr. FALEOMAVAEGA, Mr. PIERLUISI, H.R. 964: Mr. OLVER. H.R. 1798: Mr. REED. and Ms. WATERS. H.R. 972: Mr. HERGER and Mr. WEST. H.R. 1815: Ms. SCHWARTZ, Mr. POSEY, and H. Res. 290: Ms. BORDALLO and Ms. H.R. 997: Mr. NUGENT, Mr. WOLF, Mr. MCIN- Mr. RYAN of Ohio. DEGETTE. TYRE, and Mr. PALAZZO. H.R. 1821: Ms. NORTON and Ms. MOORE. H.R. 999: Mr. HIGGINS. H.R. 1833: Mr. POLIS. f H.R. 1006: Mr. CANSECO. H.R. 1842: Mr. ENGEL, Mr. WU, and Mr. ISRAEL. H.R. 1028: Mr. RYAN of Ohio. AMENDMENTS H.R. 1047: Mr. BACHUS, Mrs. BLACKBURN, H.R. 1848: Mr. COBLE. and Mr. GRIFFIN of Arkansas. H.R. 1856: Mr. FRANKS of Arizona, Mr. Under clause 8 of rule XVIII, pro- H.R. 1057: Mr. DOYLE. SHULER, Ms. ESHOO, and Mr. HONDA. posed amendments were submitted as H.R. 1861: Mr. ALTMIRE. H.R. 1063: Mr. TIERNEY. follows: H.R. 1075: Mr. GINGREY of Georgia, Mr. H.R. 1885: Mr. PITTS, Mr. FRANKS of Ari- H.R. 2112 ROONEY, Mr. GOHMERT, Mr. PITTS, Mr. BART- zona, Mr. GOHMERT, Mr. FLORES, Mr. ROO- LETT, and Mr. DUNCAN of South Carolina. NEY, Mr. GINGREY of Georgia, and Mr. BISHOP OFFERED BY: MR. ENGEL H.R. 1080: Mr. CAPUANO. of Utah. AMENDMENT NO. 34: At the end of the bill INGELL H.R. 1116: Mr. INSLEE and Mr. RYAN of H.R. 1901: Mr. D . (before the short title), insert the following: H.R. 1912: Mr. DINGELL. Ohio. SEC. ll. None of the funds made available H.R. 1913: Mr. STARK. H.R. 1166: Mr. HERGER, Mr. WESTMORELAND, by this Act may be used by the Department H.R. 1932: Mr. WOODALL. and Mr. ROSS of Florida. of Agriculture, the Food and Drug Adminis- H.R. 1940: Mr. GARY G. MILLER of Cali- H.R. 1173: Mr. ALEXANDER and Mr. MAN- tration, the Commodity Futures Trading fornia, Mr. MORAN, Mrs. DAVIS of California, ZULLO. Commission, or any other Federal Agency and Mr. LOBIONDO. H.R. 1174: Mr. BERMAN. receiving funds under this Act to lease or H.R. 1948: Mr. LATHAM. H.R. 1188: Mr. GOODLATTE. purchase new light duty vehicles, for any ex- H.R. 1955: Mrs. LOWEY. H.R. 1192: Mr. MCKEON. ecutive fleet, or for an agency’s fleet inven- H.R. 1968: Ms. CHU. H.R. 1195: Mr. LUJA´ N and Mr. TIBERI. tory, except in accordance with Presidential H.R. 1981: Mr. RUPPERSBERGER. H.R. 1200: Mr. GRIJALVA, Mr. ELLISON, and Memorandum—Federal Fleet Performance, H.R. 1996: Mr. ROSS of Florida, Mr. SAM Ms. CHU. dated May 24, 2011. JOHNSON of Texas, Mr. SMITH of Nebraska, H.R. 1208: Mr. JACKSON of Illinois. Mr. LABRADOR, Mrs. HARTZLER, Ms. FOXX, H.R. 2112 H.R. 1234: Ms. MOORE. Mr. ROHRABACHER, Mr. GOSAR, Mr. LATTA, OFFERED BY: MR. GOSAR H.R. 1236: Mr. QUIGLEY Mr. SMITH of New Mr. LUETKEMEYER, and Mr. MCKEON. Jersey, Ms. BALDWIN, Ms. BROWN of Florida, AMENDMENT NO. 35: Page 49, line 23, after H.R. 2010: Mrs. BLACK, Mr. PETRI, and Mr. Mr. HUIZENGA of Michigan, and Mr. ROGERS the dollar amount, insert ‘‘(reduced by KLINE. $100,000,000)’’. of Michigan. H.R. 2018: Mr. LONG and Mr. GRIFFITH of H.R. 1242: Mr. TIERNEY. Page 80, line 2, after the dollar amount, in- Virginia. sert ‘‘(increased by $100,000,000)’’. H.R. 1259: Mr. AUSTIN SCOTT of Georgia and H.R. 2032: Mr. STARK, Mr. CARTER, Mrs. Mr. CAMPBELL. MALONEY, Mr. GUTHRIE, Mr. BOUSTANY, Mr. H.R. 2112 H.R. 1265: Mr. YOUNG of Florida and Mr. SCALISE, Mr. JACKSON of Illinois, Mr. KING of OFFERED BY: MR. GOSAR MCKINLEY. New York, and Mr. BURGESS. AMENDMENT NO. 36: Page 32, line 5, after H.R. 1311: Mr. LEWIS of Georgia, Mr. SAR- H.R. 2054: Mr. MCKINLEY. the dollar amount, insert ‘‘(increased by BANES, and Mr. GUTIERREZ. H.R. 2088: Ms. RICHARDSON, Ms. CASTOR of $100,000,000)’’. H.R. 1350: Mr. MCDERMOTT. Florida, and Ms. BALDWIN. Page 35, line 13, after the dollar amount, H.R. 1354: Mr. MICHAUD. H.R. 2099: Mr. MILLER of Florida. insert ‘‘(increased by $100,000,000)’’. H.R. 1386: Mr. KISSELL, Mr. ENGEL, Mr. H.R. 2102: Mr. MCNERNEY. Page 49, line 23, after the dollar amount, HOLDEN, Mrs. LOWEY, and Ms. BERKLEY. H.R. 2104: Ms. BALDWIN, Mr. ROGERS of insert ‘‘(reduced by $200,000,000)’’. H.R. 1391: Mrs. BACHMANN, Mr. ROKITA, and Kentucky, and Mr. BURTON of Indiana. H.R. 2112 Mr. LANDRY. H.R. 2107: Mr. FARR. H.R. 1397: Mr. RYAN of Ohio. H.R. 2108: Mr. MARCHANT. OFFERED BY: MR. LANDRY H.R. 1416: Mr. LONG and Mr. COURTNEY. H.R. 2111: Mr. BERMAN, Mr. FARR, Ms. AMENDMENT NO. 37: At the end of the bill H.R. 1418: Mr. CONYERS, Mrs. ELLMERS, SPEIER, Ms. LEE of California, and Mr. (before the short title), insert the following: Mrs. NAPOLITANO, Mr. GRIJALVA, and Mr. MCNERNEY. SEC. ll. None of the funds made available TOWNS. H.R. 2123: Mr. GERLACH. by this Act may be used to pay the salary of H.R. 1449: Mr. WELCH. H.R. 2152: Mr. KEATING, Mr. MATHESON, Mr. an individual appointed during a recess of H.R. 1456: Mr. TIERNEY. TOWNS, Mr. RANGEL, and Mr. STARK. the Senate to fill a vacancy in an office re- H.R. 1477: Ms. SLAUGHTER and Mr. STARK. H.R. 2167: Mr. CAMPBELL and Mr. MCHENRY. quired by law to be filled by and with the ad- H.R. 1489: Mr. KUCINICH and Mr. VISCLOSKY. H.J. Res. 47: Mrs. MALONEY. vice and consent of the Senate. H.R. 1509: Mr. BRADY of Texas. H. Con. Res. 56: Mr. GOHMERT. H.R. 2112 H.R. 1515: Mr. COURTNEY and Ms. SEWELL. H. Res. 60: Mr. SMITH of New Jersey and H.R. 1545: Mr. BURGESS. Mr. BRADY of Pennsylvania. OFFERED BY: MR. HOLDEN H.R. 1546: Ms. BROWN of Florida, Mr. RUN- H. Res. 91: Mr. LIPINSKI. AMENDMENT NO. 38: At the end of the bill YAN, and Mr. BURGESS. H. Res. 137: Mr. SCHOCK. (before the short title), insert the following H.R. 1565: Mr. ROSS of Arkansas and Mr. H. Res. 227: Mr. KILDEE. new section: WELCH. H. Res. 234: Mr. CLEAVER, Mr. COBLE, Mr. SEC. ll. Each amount made available by H.R. 1571: Mr. ROONEY. COFFMAN of Colorado, Mr. ELLISON, Mr. GENE this Act (other than an amount required to H.R. 1585: Mr. BOREN and Mr. SCHWEIKERT. GREEN of Texas, Mr. HEINRICH, Mr. ISRAEL, be made available by a provision of law) is H.R. 1588: Mr. SCHILLING. Mr. MICHAUD, Mr. ROTHMAN of New Jersey, hereby reduced by 5.88 percent and may not H.R. 1614: Mr. MCDERMOTT. Ms. LINDA T. SA´ NCHEZ of California, Ms. be used to carry out the limitations con- H.R. 1623: Mr. RUSH and Mr. ROTHMAN of SCHAKOWSKY, Ms. SUTTON, Mr. TIPTON, and tained in paragraphs (1) through (8) of sec- New Jersey. Mr. WOLF. tion 728.

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Vol. 157 WASHINGTON, WEDNESDAY, JUNE 15, 2011 No. 86 Senate The Senate met at 10 a.m. and was ator from the State of Montana, to perform amount of political distortions or dis- called to order by the Honorable RICH- the duties of the Chair. tractions will change that. Only when ARD J. DURBIN, a Senator from the DANIEL K. INOUYE, Republicans agree to take cuts to State of Illinois. President pro tempore. Medicare off the table can we have a Mr. TESTER thereupon assumed the serious discussion about how we can PRAYER chair as Acting President pro tempore. move forward in our battle to decrease The Chaplain, Dr. Barry C. Black, of- f the deficit. Republicans claim only sacrifices fered the following prayer: RECOGNITION OF THE MAJORITY from seniors will balance the budget. Let us pray. LEADER Gracious God, from whom all bless- We disagree. Yet they protect tax ings flow, we lift our hearts to You in The ACTING PRESIDENT pro tem- breaks for millionaires and billion- prayer, not because we are perfect but pore. The majority leader is recog- aires. They protect the billions of dol- because we are flawed human beings in nized. lars in taxpayer-funded handouts to oil need of You. Help us to find Your judg- f companies making record profits. The Republican plan will put insurance ing truth, Your cleansing pardon, and SCHEDULE Your comforting promise. company bureaucrats between seniors Today, as the Members of this body Mr. REID. Mr. President, following and their doctors. It would force each listen, study, ponder, and discuss, give any leader remarks, the Senate will be senior, for example, to pay $6,400 more them special wisdom to sit and sort in morning business until 2 p.m. today. each year for health care. and filter the voices so that out of de- The first hour is equally divided and Breaking our promise to seniors, bate and decision may come truth, jus- controlled, with the Republicans con- while wealthy oil companies and bil- tice, and righteousness. Lord, use our trolling the first half and the majority lionaires get a pass, is simply too high Senators so that Your will may be done controlling the second half. a price to pay. We need to strengthen on Earth as it is in heaven. We pray in We continue to work through amend- Medicare for the millions of seniors Your sacred Name. Amen. ments on S. 782. who count on it every day, and pre- f serve it for our children and grand- f children, not cut seniors’ benefits. MEDICARE Mr. President, I suggest the absence PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, Americans of a quorum. The Honorable RICHARD J. DURBIN led have been very clear about where they The ACTING PRESIDENT pro tem- the Pledge of Allegiance, as follows: stand on the Republicans’ budget pro- pore. The clerk will call the roll. I pledge allegiance to the Flag of the posal: They reject it soundly, and for The legislative clerk proceeded to United States of America, and to the Repub- many reasons. But the most glaring call the roll. lic for which it stands, one nation under God, reason is the effort to change Medicare Mr. MCCONNELL. Mr. President, I indivisible, with liberty and justice for all. as we know it. No wonder. It ends a ask unanimous consent that the order successful program that has saved sen- f for the quorum call be rescinded. iors from illness and poverty for over The ACTING PRESIDENT pro tem- APPOINTMENT OF ACTING four decades—millions of them. pore. Without objection, it is so or- PRESIDENT PRO TEMPORE Their so-called budget is nothing dered. more than an ideological plan to shift f The PRESIDING OFFICER (Mr. the burden to seniors, who can least af- TESTER). The clerk will please read a ford it, in an effort to put the insur- RECOGNITION OF THE MINORITY communication to the Senate from the ance companies between senior pa- LEADER President pro tempore (Mr. INOUYE). tients and their doctors. With all due The ACTING PRESIDENT pro tem- The legislative clerk read the fol- respect to the ranking member of the pore. The Republican leader is recog- lowing letter: Budget Committee here in the Senate, nized. U.S. SENATE, pointing the finger at Democrats, as he f PRESIDENT PRO TEMPORE, has done, will not erase the fact they Washington, DC, June 15, 2011. THE ECONOMY To the Senate: plan to end the Medicare Program as Under the provisions of rule I, paragraph 3, we know it and like it. Mr. MCCONNELL. Mr. President, of the Standing Rules of the Senate, I hereby Democrats, Republicans, and Inde- over the past few weeks, Americans appoint the Honorable JON TESTER, a Sen- pendents feel the same way, and no have gotten what seems like a daily

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

S3787

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VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.000 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3788 CONGRESSIONAL RECORD — SENATE June 15, 2011 dose of bad news about the state of the Home values continue to plummet RESERVATION OF LEADER TIME economy. Whether it is more jobless- too. In my State of Kentucky, home The ACTING PRESIDENT pro tem- ness, threats from ratings agencies, the prices have fallen about 7 percent in pore. Under the previous order, the price of gasoline, goods and housing, or the last year, while new home con- leadership time is reserved. a slowdown in manufacturing, people struction is down almost 15 percent. I f are finding very little reason for opti- have constituents with excellent credit mism, and they are getting little com- telling me they can’t get a mortgage MORNING BUSINESS fort from an administration that seems because of new lending rules that have The ACTING PRESIDENT pro tem- more interested in deflecting the bad made it hard even for people who have pore. Under the previous order, the news than facing up to it. Amidst the worked for years and built a stellar Senate will be in a period of morning onslaught of bad news last week, Presi- credit rating to even get a loan. Na- business until 2 p.m., with Senators dent Obama’s message was that we had tionally, home values have gone down permitted to speak for up to 10 minutes hit some bumps in the road—we had hit 12 percent since Inauguration Day. So each, with the first hour equally di- some bumps in the road—and that peo- home values have gotten worse too, vided and controlled between the two ple need to be patient in the face of driving down the equity people have leaders or their designees, with the Re- what he called economic ‘‘headwinds.’’ built over many years. publicans controlling the first 30 min- He even joked about the wildly mis- When it comes to policy, the Presi- utes and the majority controlling the taken predictions he and others at the dent is fond of dividing the world into next 30 minutes. White House had made a few years two camps. In his view, those who dis- Mr. MCCONNELL. Mr. President, I back about the job-creating potential agree with him are on the wrong side of suggest the absence of a quorum. of the stimulus. history. Those who agree are on the The ACTING PRESIDENT pro tem- Well, I don’t think the 14 million right side. Well, at this point, I think pore. The clerk will call the roll. Americans who are looking for jobs most Americans agree if this is the The legislative clerk proceeded to right now find any of this very funny. right side of history, they are not in- call the roll. I don’t think the 23 percent of Ameri- terested; they would rather have their Mr. THUNE. Mr. President, I ask cans who now owe more on their mort- jobs back. unanimous consent that the quorum gages than their homes are worth are At this point, I think it is safe to say call be rescinded. laughing about their predicament. I the patience of the American people The ACTING PRESIDENT pro tem- don’t think recent college graduates, has run out. Administration officials pore. Without objection, it is so or- who are burdened with tens of thou- made a lot of promises of a brighter fu- dered. sands of dollars in student loan debt ture. They have had their chance to de- f and who can’t find a job, are amused liver. Americans don’t have infinite pa- BUDGET REFORM that the stimulus turned out to be a tience. They do not want to be told to failure. wait a little longer when all the evi- Mr. THUNE. Mr. President, these In fact, I think Americans are deeply dence shows that their circumstances past few weeks I have been coming to troubled by the fact that an adminis- and their prospects are only getting the floor to talk about the size and tration which claims to be concerned worse. They want a change in direc- scope of our Nation’s fiscal problems. about creating jobs has spent the bet- tion. It has been said often that this is the ter part of the past 21⁄2 years—the bet- One of the liberal think tanks in most predictable crisis we have ever ter part of the last 21⁄2 years—pushing town recently issued a press release faced, and I believe that is true. policies that seem as though they were that I think embodies the disconnect I have talked about how the tremen- designed to destroy jobs instead. In- between Democrats in Washington and dous growth of government has limited deed, I think there is a growing con- the experience of most people outside the ability of small businesses to cre- sensus out there that, far from improv- of Washington. In the face of all the ate jobs. I have noted the severe and ing the economy, the President has bad economic news we have been get- dramatic cuts Medicare and Medicaid made it worse. and Social Security will face if we do The facts speak for themselves. The ting, this particular think tank an- not act now to reform those programs. day the President took office, 12 mil- nounced it had 10 charts which pur- I have also pointed out how the Draco- lion Americans were out of work. ported to show that, contrary to the nian cuts would need to be paired with Today, nearly 14 million Americans are claims of some, the United States is ac- painful, job-crushing tax hikes. out of work. That is a 17-percent in- tually a low-tax country. Simultaneously, the interest we pay crease in the unemployment rate under Never mind the fact that we have the on that debt will take up an ever-in- President Obama. So employment is second highest corporate tax rate in creasing share of our revenue. In fact, clearly worse. the world; never mind the fact that Gas prices have nearly doubled. When nearly 14 million Americans are out of it has already been noted that in a few the President came into office, the av- work; never mind the fact that the short years the interest on the debt erage price of a gallon of gas in the time it takes out-of-work Americans to alone would exceed the amount we country was $1.85. Today, it is $3.69. So find a new job is now longer than it was spend on national security. In other gas prices have gotten worse. during the Great Depression—and that words, we would spend more paying for The national debt has reached crisis since the housing crisis began, average the amount of money we borrow in the levels. In the last 2 years, the debt has home values have fallen more dramati- form of interest than we spend defend- gone from $10.6 trillion to $14.3 tril- cally than they did even during the ing the country. At some point, bond- lion—a 35-percent increase from when Great Depression. Never mind all that. holders are going to recognize that we the President was sworn into office. These guys have 10 charts they want to don’t have an ability to pay out these And his own budget projects it will show you that prove government bonds, and they will demand increas- only continue to grow. So the debt is should take more money out of the ingly higher interest rates. This in far worse. hands of taxpayers so they can spend it turn sends our interest rates even high- Health insurance premiums have themselves. er in a vicious spiral. gone up. For more than a year, the I think this is all you need to know However, what I would like to focus President devoted what seemed like about the Democratic approach to the on today is to talk about how none of every waking moment to a health care economy. It never seems to change. this is necessary. So how do we prevent proposal that he said would lower Take almost any major economic indi- this from happening? I believe the solu- health insurance premiums by as much cator you want, Americans are worse tions we need fall into three broad cat- as $2,500. Instead, health premiums for off than they were in 2009. It is time egories: We need reforms to our budget working families continue to rise, and Democrats wake up to this fact. It is processes, and that includes, one, a bal- the nonpartisan Congressional Budget time they do something to solve these anced budget amendment to the Con- Office says they will continue to grow problems and help the people right in stitution; we need caps on overall and by as much as $2,100 per year. So health front of them. discretionary spending; and we need insurance costs have gotten worse. Mr. President, I yield the floor. entitlement reform.

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.004 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3789 In the 1990s, the Senate was within could actually focus on oversight. We discount rate that incorporates market just one vote of passing a balanced could look for ways not to spend risk. Whenever the Government gets budget amendment to the Constitu- money but to save money. into the business of acquiring debt, tion. I can’t help but think just how I have been a big advocate of biennial stock equity, those sorts of things— different our country’s fiscal situation budgeting—doing a budget every other and that hasn’t happened, as you know, would be if that amendment had been year, 2-year budgeting—for some time. in the last few years—it needs to be ac- approved. A number of States do it that way. I counted for honestly by using real dis- We now have two different balanced think it is important we make that re- count rates that make market risk budget amendment proposals put for- form so we have the appropriate time part of that calculation. Today, that is ward this year. I cosponsored both of to do the level of oversight that is re- not necessarily the case when those them. I had the opportunity to lead a quired and is so desperately missing calculations are made. working group of my fellow Republican around here today, which is why we It also creates a new standing joint Senators to discuss these proposals and end up having so many government committee of Congress for budget def- to help find the best parts of each. agencies with so much duplication, so icit reduction. It might interest my From those discussions and others, we much redundancy, and so much overlap colleagues to know—sometimes we for- were able to come together with the that leads to wasteful spending on be- get about this around here—we have 26 Hatch-Lee balanced budget amend- half of the American taxpayers. committees and subcommittees in Con- ment, of which every single member of My budget reform would also create a gress that spend tax dollars. We do not the Republican conference is a cospon- legislative line-item veto. My Governor have one that focuses on saving tax sor. This important amendment re- in South Dakota has that, and I believe dollars. We need a committee that is quires the budget to be balanced every the President should too. In fact, I exclusively committed to reducing the year, except for when there is a de- think most Governors across this coun- cost of spending, to saving tax dollars as opposed to spending them. With 26 clared war. A supermajority would be try have some sort of mechanism that committees and subcommittees around required to waive this provision. This allows them to veto extraneous spend- here that spend money, it is time we amendment puts the emphasis on con- ing measures. I believe the President had one to save money. ought to have that power, and it needs trolling spending, which is the real The joint committee would be re- cause of our debt and deficits. It re- to be done in a way, of course, that is sponsible to produce a bill to cut the quires supermajorities to raise taxes, consistent with the Constitution, and a deficit by at least 10 percent every and it prevents spending from exceed- legislative line-item veto would meet budget cycle and to do it without rais- ing 18 percent of our GDP, 18 percent of that test. It prevents the abuse of ing taxes. It would be a standing com- our entire national output, which has emergency spending designations mittee that would continue to fight been the historical level of taxation for which have been used to pass hundreds government spending, would even issue our country. of billions of dollars in deficit spending recommendations to cut spending by at Not only do we need to balance our since the last time we passed a budget least 10 percent, even in years when the budget but we need to ensure that resolution. budget is balanced. It has been a long every dollar is being spent in the most It creates a new CLASS Act trigger time since we have seen that around efficient way possible. We need to be to make sure that program is solvent here. That probably is not going to honest about the cost of this spending over the 75-year timeframe. happen in the foreseeable future. I cer- I think most of my colleagues know and to create processes that will pre- tainly hope it does. But in any case, vent wasteful, unnecessary, and exces- that the CLASS Act is a new long-term my legislation would require, even in sive spending. In order to do this, we care entitlement program that was en- years when the budget is balanced, need a number of budget reforms in ad- acted as part of the health care reform that we be looking for ways to cut dition to the balanced budget amend- bill last year. It, similar to so many spending. ment. other government programs, relies Importantly, these recommendations I have introduced the Deficit Reduc- upon premiums that will be paid in the would be assured of an up-or-down vote tion and Budget Reform Act, which has early years, which actually show reve- in Congress. This committee would a number of reforms to the budget nues coming into the Treasury which make its recommendation each year, process we use today. are then counted and used to pay for and my legislation would require expe- The bill reforms the pay-go rules to other things—in this case, the health dited consideration on the Senate prevent the double-counting gimmicks care bill. But at some point in the fu- floor; in other words, to ensure it gets that get used around here all too fre- ture, when the demands come for those an up-or-down vote and doesn’t lan- quently, and it makes the Federal benefits that people have subscribed guish somewhere similar to so many budget a binding joint resolution for, it becomes a liability because the reports that come out of various com- signed into law by the President— funds, the revenues that have come mittees. This committee would actu- something that doesn’t happen today into that program in the early years ally have the authority to put a prod- with our budget. have already been spent. Again, it uct out on the floor of the Senate and It moves us into a biennial budget leads to more and more borrowing. to ensure it gets a vote. timeline, which leaves more time for That is what the Congressional Budget Finally, what my bill would do is oversight. As everybody knows, we are Office has said would happen with the freeze and cap spending, the third ac- supposed to do a budget at least every CLASS Act. tion we need to take in order to get year. We haven’t done one now for 777 To make sure that program is going spending under control. This bill would days. So the notion that we do a budget to stay on the books—and, by the way, institute a 10-year spending freeze at every year may be somewhat an anti- I have a piece of legislation to repeal it 2008 levels adjusted for inflation. After quated one, but we are supposed to do because I think it is very bad policy all, between 2008 and 2010, nondefense a budget every single year. Because of and I think it is going to put our coun- discretionary spending increased by 24 that, we spend an awful lot of time try into an even deeper fiscal hole. But percent while inflation in the overall going through the budget process, that being said, if it is going to stay on economy was just over 2 percent. The doing all the appropriations bills, and the books, we ought to have a mecha- Federal Government, in the last couple it doesn’t allow very much time for nism to ensure the program is solvent years, between 2008 and 2010, was spend- oversight, which is a function that I over the 75-year timeframe. My legisla- ing literally over 10 times the rate of think we have a responsibility to do. tion would do that. inflation. How can you go to the Amer- So if we went to a biennial budget—in Likewise, it modifies the Medicare ican taxpayer with a straight face and other words, if we did a budget every cost containment trigger to have hon- explain that? We need to go back to other year—if we did the spending, the est accounting with respect to reve- those 2008 levels and freeze it there, cap budget, and the appropriations bills in nues and savings in the new health it there, and then allow for adjust- the odd-numbered years, then in the care bill, and it updates the Credit Re- ments for inflation. But let’s go back even-numbered years when people have form Act to score the purchases of and negate this 24-percent increase we to go home to run for reelection, we debt, stock, equity, and capital using a have seen just in the last couple years.

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.006 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3790 CONGRESSIONAL RECORD — SENATE June 15, 2011 The recent continuing resolution Medicaid, not simply getting out and number I mentioned earlier, is the 777 that was passed by Congress started to demagoguing Chairman RYAN’s budget number. That is the number of days put downward pressure on these ac- and kicking the can further down the that have passed since Congress passed counts, but more needs to be done. My road. a budget. I know it is very hard around colleagues, Senators CORKER and We know these entitlements already here, particularly in the present cir- MCCASKILL, have introduced what they represent $61.6 trillion in unfunded li- cumstances, to find consensus on a call the CAP Act, which would put our abilities. There is no more road. We path forward to pass a budget. But we spending on a downward glidepath so have kicked the can as far as possible. have a responsibility to the American we do not spend more than our histor- It is now time for us to face the reality taxpayers, when we are spending lit- ical average of 20.6 percent of GDP. For that we have to deal with this and we erally $3.7 to $3.8 trillion every single the last 40 years, spending on the Fed- cannot afford the luxury of waiting any year, to at least let them know how we eral Government has averaged 10.6 per- longer. are going to spend their money. We cent of our total economy. That rep- It is clear that action needs to be have not done a budget in 777 days. resents all Federal spending. It doesn’t taken. If the President were to step to I serve on the Budget Committee. We represent State and local government the plate, I think we would have a real have not had a markup. There is no in- spending, but Federal spending, chance to enact substantial entitle- dication we will have a markup. There percentagewise, on average, for the ment reforms that could preserve the is no indication we are going to do a past 40 years has equaled 20.6 percent important role these programs play. budget. We have already blown past all of our entire economic output. Enacting these three different prongs the deadlines the law requires when it This year we are in the 24- to 25-per- or these three different approaches— comes to doing a budget. We didn’t do cent range. Now we have gone from one dealing with budget reforms that a budget in the last Congress. I think spending one-fifth of our entire econ- includes a balanced budget amendment what that does is it makes it even omy on the Federal Government to being the first component, spending more complicated to address these spending about one-quarter of our en- caps being the second component on issues. If you do not have an overall tire economy on the Government. both discretionary and overall spend- framework, if you do not have a con- That, to me, is something that needs to ing, and entitlement reform—are not struct or understanding of what it is be reined in. There has been a huge going to be easy to do. We have been on going to take to get our books back in ramp-up of spending in terms of our autopilot around here for a long time. order, then it is going to be very dif- economy. What that has gotten us is deeper and ficult. What that means is, the private econ- deeper into the fiscal hole, to the point Sometimes around here we do not omy, as a percentage of our entire today we are at $14 trillion in debt— have enough teeth in the laws we pass economy, is getting smaller and the meaning we are going to have to raise when it comes to budgeting. We do not government component of that is get- the debt limit in the very near future— have enough enforcement mechanisms. ting larger. We need to get that back and growing by the day. The amount it I am proposing provisions in the budget on a more historical and what should grows by the day, interestingly, is $4 reforms to add enforcement mecha- be a realistic course. billion. Between this time and 10:40 to- nisms to cure that. But even with that, There are at least three different pos- morrow, we will borrow another $4 bil- you at least have to have a plan. You sible proposals to cap spending: the 18 lion that we will add to the debt of our at least have to have a blueprint, a percent included in the constitutional children. That represents more than we path for how you are going to spend amendment, the CAP Act, which I just spend in my home State of South Da- $3.7 trillion of the American taxpayers’ mentioned, and my own proposal to cap kota for an entire year; $4 billion, the money. discretionary spending. These caps are amount we borrow every single day at I urge my colleagues, the majority, necessary to signal to the markets we the Federal level exceeds the amount to put forward a budget. At least let’s are serious about cutting spending. the State of South Dakota spends in an debate it. Let’s talk about priorities. Finally, we need entitlement reform. entire year. That is the dimension of Let’s have a debate, debate amend- The CAP Act and the 18-percent cap the problem we were dealing with. ments, but let’s do a budget or reform would both force us to deal with enti- There are three very important num- the budget process along the lines I tlements. I am heartened by the budget bers people need to focus on to remind suggested so we get a process in place working group that is being led by Vice ourselves how critical it is that we act. that enables us to make some headway, President BIDEN, in that they are con- One is forty-two. That is the cents out to make some progress toward dealing sidering some entitlement reforms. I of every $1 we borrow. Forty-two cents with this runaway debt and these run- hope they can produce a product that out of every $1 this government spends away deficits that are going to not actually will tackle entitlements. We today is borrowed. That is a staggering only crush our economy in the near need, at the end of the day, to have the statistic. The other number is 93. Nine- term but put an unfair burden on fu- President leading. As I said, I hope this ty-three is the number now that rep- ture generations of Americans. group that has been put together will resents the percentage of our entire Right now, the things most Ameri- produce a result that will take us down economic output that is represented by cans are worried about are spending, a path toward tackling runaway enti- our gross debt. In other words, our debt debt, jobs, the economy, and they are tlement programs. to GDP, our debt to total economic all connected. The level of spending At the end of the day, for any of this output ratio is 93 percent. That is the and debt is something that needs to be to be signed or get enacted, we have to danger zone. Historical research has gotten under control to get the econ- have the President stepping in and pro- demonstrated, when you get a debt-to- omy growing and prospering again, so viding leadership. So far we have not GDP ratio that exceeds 90 percent, you you don’t have the Federal Govern- seen that. The President, in his budget are losing 1 percentage point of eco- ment out there competing with the pri- he submitted to Congress and a subse- nomic growth every single year. One vate economy when it comes to capital. quent budget speech he made, has done percentage point of economic growth Small businesses need capital to invest little, if anything, to deal with the translates into 1 million lost jobs. So to create jobs. When the government is issue of entitlement reform. every year we continue on this path of crowding that out, it makes it more Frankly, you cannot deal with the sustaining this level of debt as a per- difficult. There are so many adverse fiscal problems this country faces, the centage of our entire economic output, economic implications from the debt challenges we face or the deep hole we we are bleeding 1 million jobs in our levels we are sustaining today that are are in when it comes to getting on a economy, costing us 1 percentage point going to make it increasingly difficult, more sustainable course for the future of economic growth. That is a very real the longer we stay deeper and deeper in without taking on entitlement reform. and immediate impact from the the red, for this economy to recover The President needs to be explaining to amount of spending and the amount of and grow. That is fundamental to all Americans the need for entitlement re- debt we have. this. form and showing us what his plan is to The final number I think is impor- When it comes to jobs and the econ- save Social Security, Medicare and tant for people to understand too, a omy, we also have to have policies that

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.007 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3791 encourage economic growth. I know I have used this example on the floor get to the solutions, there has been an the President talks a lot about jobs before, but just one brief data point for outbreak of what I call Federal Gov- and the economy. He certainly is rhe- agriculture. I represent an agricultural ernment NIMBYism. Everybody talks torically, at least I believe, saying the State, so we are always looking for op- about NIMBY at the State and local right things out there. But you have to portunities to export. In wheat, corn, level—Not In My Back Yard; this is a have actions that are consistent with and soybeans exports, we had an 81-per- great program, but I do not want it in the rhetoric. If you look at the Presi- cent share of the Colombia market in my neighborhood. The Federal Govern- dent’s record, we have not seen that. 2008. In 2010, that had dropped to 27 per- ment budget crisis we are in, The reason we have not seen that is be- cent. We have literally been locked out NIMBYism seems to be not my pro- cause the policies are all adverse to of that market because this free-trade gram or not my favorite tax credit. economic growth and job creation, agreement has languished in Congress You can cut other stuff but not what I whether it is regulations coming out of and, as a consequence, other countries am in favor of. agencies, whether it is the new man- have stepped in to fill the void. Now We have one group saying no tax in- dates imposed by the health care re- you have the Canadians, the Euro- creases whatsoever, even indirect form bill, whether it is the out-of-con- peans, the Australians stepping in and through the elimination of tax credits, trol spending and debt and no attempt picking up the slack and we continue which is spending money, and tax cred- to address the long-term challenges we to lose more and more market share, its can be as wasteful an expenditure of face there, particularly entitlement re- which means more and more lost jobs the taxpayers’ money as a wasteful form, whether it is the new taxes that in the American economy. So it is spending program can be. On the other have been imposed through the legisla- about trade policies, tax policies, en- side, we have people saying: Not my tion that has been enacted since this ergy policies, regulatory policies and program. You cannot touch it. You President has come into office. But if spending and debt. Those are the cannot even try to make it more effi- you look at the economic record, if you things, in my view, that will get this cient. It is just too good or it is too po- look at unemployed Americans since economy back on track, start creating litically popular or whatever. If we this President took office, we have al- jobs, create a better and brighter and keep going down that road, we are not most 2 million more unemployed more prosperous future for future gen- going to get anything done. Americans. The unemployment rate erations of Americans. Unfortunately, The main hope of our result in the has gone up 17 percent. Fuel prices, the policies being employed by this ad- next couple months is the small bipar- which impact everybody’s pocketbook ministration are making it worse, and tisan, bicameral leadership group that in this country, since this President at least according to this economic is being presided over by Vice Presi- took office, have gone up by over 100 record, much worse. We can do better. dent BIDEN. I think anytime any of us percent, over a 100-percent increase in We should do better by the American comes out and says: No, we cannot do the price per gallon of gasoline since people, and I hope we will find the po- this, we cannot have a tax increase of this President took office. The debt has litical will to do that. any kind, we cannot even eliminate gone up 35 percent. The debt per person I yield the floor. wasteful tax credits, and on the other in this country has gone up $11,000 per The ACTING PRESIDENT pro tem- side people say, we cannot touch Medi- person. That is the amount the debt pore. The Senator from Connecticut. care, for instance, it, one, shackles the has increased since this President took f hands of Vice President BIDEN as he office. Food stamp recipients are up 39 tries to solve this problem, and it also percent. Health insurance premiums— MEDICARE REFORM means, more generally, that we are not despite the promises of what health Mr. LIEBERMAN. Mr. President, I fulfilling our responsibility. That is the care reform would do to lower insur- rise to speak about the fiscal crisis fac- case with Medicare. The fact is, those ance premiums—health insurance pre- ing our country and specifically the who say you cannot do anything with miums have gone up 19 percent since dire financial situation of Medicare, Medicare, just will not support it, are this President took office. The only which is a program that matters so not doing a favor to the Medicare Pro- thing that has gone down since he took much to tens of millions of senior gram. office is home values. Home values are Americans but also adds so much to Congressman PAUL RYAN, in the down 12 percent. That is the economic our national debt. I wish to talk about House, put forth his own budget, in- record. That is the composite record. some ideas I have about how we might cluding a Medicare reform program. I Of course, we can all say things, but we effectively deal with this problem in said when he did it, I want to look at have to be judged by what we do. We Medicare, particularly, without doing it in more detail, but I gave him credit cannot judge people by what they say. away with the Medicare Program be- to put something so comprehensive out We have to judge them by what they cause I believe in it. because it is going to take that kind of do. If I can start on a broader level, guts by all of us to save our great coun- I hope the President will decide it is briefly. It is hard to find anybody in try from going over the edge of the time for him and for his administration Congress in any party who does not ac- cliff, from going into permanent de- and for his leadership to focus on poli- knowledge that our Federal Govern- cline, from making it impossible for cies that will be conducive to economic ment is hurtling toward the edge of a our children and grandchildren and be- growth, that will enable that, rather financial cliff. We are now running yond to have the opportunities we have than make it more expensive and more deficits in this year of over $1 trillion. had. difficult to create jobs, which are the That means we are spending $1 trillion When I looked at the Ryan plan, par- policies that are being employed by more than we are taking in so we have ticularly on Medicare, I decided I was this administration. That applies to so to borrow that money, and at some not for it. When it came to the Senate, many areas. It is developing domestic point we are going to reach a level of I voted against it. That was the case, energy resources, so we can get more borrowing that is unsustainable. It will generally, when it came up in the Sen- American supply of energy and start send our economy hurtling down, will ate and the vote on the Ryan budget. driving that price down. So many areas bring us into another great recession, But one cannot just stop there and say are off-limits. Even more have gone will compromise our ability to provide no, which is a popular vote on a Medi- off-limits since this President took of- the security and services to the people care reform proposal. I think any of us fice. It means getting trade bills en- of our country that it is our responsi- responsibly have to then come forward acted. We have heard now for several bility to provide. To avoid that horrific with our own ideas. That is why, last years the President talk about how we result, we have to show some responsi- week, I indicated in a newspaper op-ed need to pass the Colombia, Panama, bility and work across party lines to column that I would be putting some and South Korea Free Trade Agree- get some things done. None of this is proposals forward that will save Medi- ments. Yet they languish. They have easy. care, that will protect Medicare as a not been submitted to us. We are ready Almost everybody will say we have a Government program of health insur- to act. We have said repeatedly these terrible financial problem in the Gov- ance for senior Americans but will are important to our economy. ernment, debt, deficit, but when you change the program. Anybody who

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.008 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3792 CONGRESSIONAL RECORD — SENATE June 15, 2011 tells you PAUL RYAN is going to kill The reason for this change being nec- Third, I think it is time to reform Medicare as we know it, there is an- essary is factual. When the Medicare the premium structure. When Medicare other way to kill Medicare as we know Program began in the mid-1960s, the was implemented, the premiums paid it, which is to do nothing to try to save average lifespan of an American was a by the beneficiaries supported 50 per- it. little less than 70 years. Today, the av- cent of the cost of the program. In fact, We cannot save Medicare as it exists erage lifespan is 78. Thank God. That when President Johnson signed Medi- today. There are a couple of statistics. means people are obviously living care into law, he noted that this equal In 2010, the Medicare Program cost $523 longer. Part of why they are living contribution—50 percent from govern- billion. The estimates I have seen are longer is they are getting better health ment, 50 percent from the insured—was consensus, not extreme estimates, that care, but that wonderful fact explains a critical part of the program. He said: within the next 10 years that number why the average recipient takes three And under a separate plan, when you are 65 will double to over $1 trillion for Medi- times as much out of the Medicare sys- you may be covered for medical and surgical care. Where are we going to get the tem as they put in. fees whether you are in or out of the hos- money to pay for that? That is going to I will give you another number that pital. You will pay $3 per month after you add to the national deficit and the na- says this in a different way. In 1965, are 65 and your government will contribute tional debt. Part of what is happening there were about 4.6 active workers for an equal amount. is the baby boomers are coming of age every Medicare enrollee in the program Fifty-fifty. and Medicare eligibility—15 million in as a senior. In 2005, that went down to Unfortunately, today, as a result of the coming years coming into this pro- 3.8 active workers. The Medicare actu- acts of Congress of various kinds—well- gram. aries tell us, by 2050, that will drop to intentioned—Medicare enrollee pre- I will give you another general sta- 2.2 workers for everybody on Medicare miums support only 25 percent of the tistic. All the studies I have seen at that time, and that means the bur- cost of the program—half of what they show—most people do not appreciate den on those 2.2 workers is going to be were intended to when President John- this, if I can say, the average Medicare too high. The current math, therefore, son signed this extraordinarily progres- participant over their lifetime will ac- is unsustainable, and it is why we have sive and beneficial law into effect. We tually cost the system in benefits three to change the eligibility age. make up the difference from funds times what we put in through pre- According to the Congressional Budg- taken out of our Federal budget—gen- miums, withdrawals, et cetera. So this et Office, doing so, 65 to 67, will save eral revenues. That is part of why program is on an unsustainable course. $125 billion over 10 years. That is a sub- Medicare contributes to the exploding I think if you want to save Medicare, stantial savings, which will contribute national deficits and long-term debt. you have to be willing to change it. to keeping the program viable and pay- So I am going to propose that we ing bills for seniors. You cannot say do not touch Medicare. raise premiums for all new enrollees in I must say I am disappointed when I The other thing to say is that for those who fear what will happen to Part B, which is the part that covers hear people say that. doctor expenses, starting in 2014, so Here are some of the ideas I am those seniors between 65 and 67 as they wait—some will have their own health they pay for 35 percent of the program working on legislation to propose. The costs instead of 25 percent. That will plan I outlined last week, and I am put- insurance—but we did pass health care reform, and that is going to be there to result in around a $40 increase in pre- ting into legislation, I think will ex- miums. The fact is there is some index- tend the solvency of the Medicare Part cover those people through the health care exchanges. ing based on income in the Part B and A, a big program for hospital care. It Part D Programs, and, therefore, under will lower the Federal Government’s fi- Second, I am proposing that we re- the current law, the increase from 25 nancial commitments to the Part B form the complex Medicare benefit percent to 35 percent will be paid by Program for doctor services and, most structure, which is wasteful, misunder- more people of higher income. I know importantly, it will keep the Medicare stood, particularly by the beneficiaries asking anybody to pay more money for Program alive and serving America’s and a lot of the providers, and prone to anything is not popular, but it is need- senior citizens for at least 20 years and overutilization and fraud. That is, pre- ed if we are to address the stranglehold when we get it estimated, probably by scribing more health services because a lot more. someone doesn’t pay for it, Medicare Medicare puts on our annual budget A lot of the proposals I made—and I does—but we all pay for it. The Medi- and if we are to avoid something even have five key parts of it—are similar to care benefit structure is so confusing more unpopular, which is the demise of ones that have been made earlier and and so maligned with various the Medicare Program as we know it. the Congressional Budget Office has deductibles, copays, cost sharing, caps, Fourth, I think we need to reform made estimates on. My guess, applying fees, forms, and limits that one would the way Medigap policies work. existing CBO estimates to the ideas I be hard-pressed to find a Medicare en- Medigap policies are insurance policies put forward, is they will save $250 bil- rollee who really understands how that cover the gaps in a senior’s Medi- lion in the first 10 years and extend the their insurance coverage works. As a care coverage. They are designed to life of the program by at least 20 years, result, there is enormous waste and ex- pay an enrollee’s copays and which is 20 more years in which Amer- cess utilization, with services being deductibles so he or she would not be ican seniors can depend on Medicare to paid for by the Medicare Program that liable for a big hospital bill if they ever help them pay their health care bills in are really not needed for the health of get sick. But study after study has their senior years. the individual. That, again, means found that the Medicare enrollees who Here is some of what I am proposing. more costs for the taxpayers. have a comprehensive Medigap plan It is controversial. They are all con- I think we can fix these problems by that pays all of the deductible and all troversial. We cannot save Medicare implementing a single, combined Part of the copays, so the individual doesn’t without doing some things that make A and B deductible requiring a copay pay anything, use as much as 25 per- people unhappy. I am proposing to on all Medicare services and, if we cent more services than those with the raise the eligibility age of Medicare choose, we can also do something new, traditional Medicare Program, and from 65 to 67, beginning in 2014, by 2 which is create a maximum, out-of- that is because they don’t have any im- months every year until it reaches 67 pocket benefit that will give seniors pact on themselves for the utilization years in 2025. That would put it on the peace of mind. In other words, they of services. Again, who pays for that same course Social Security is on now, would only be required to pay up to a extra utilization of services? Not the to go up to 67, which means if you turn certain amount out of their pockets individual Medicare enrollee, the tax- 65 in 2014, you are going to have to wait every year. So it guarantees them that payer, and it is not fair. an additional 60 days before you be- if they have a serious illness requiring Fifth, I think we have to increase come eligible for Medicare. In my opin- long-term hospitalization, they are not revenues into the Medicare Program. ion, that is a small price to pay for the going to be forced into poverty or We just can’t save it by adjusting bene- guarantee that you are going to have bankruptcy. This proposal was part of fits and making changes in the pre- Medicare to take care of your health the Bowles-Simpson report, and it is a mium structure. So I am going to pro- costs for the rest of your senior years. good one. pose that higher income Americans—in

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.009 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3793 this case defining it as people making The assistant legislative clerk pro- have always been grateful to him for over $250,000 a year—contribute an ad- ceeded to call the roll. that. ditional 1 percent of every dollar of in- Mr. SANDERS. Mr. President, I ask No question about it, Gerry Counihan come over $250,000 to save Medicare as unanimous consent that the order for has been one of those very special peo- we know it. the quorum call be rescinded. ple who make the Senate a great place That is the outline of my plan. I The ACTING PRESIDENT pro tem- to work. wanted to come and describe it to my pore. Without objection, it is so or- Gerry is moving on to a new career colleagues: We raise the eligibility age; dered. with new responsibilities and new op- charge a more financially sound pre- (The remarks of Mr. SANDERS per- portunities at the Department of mium; address overutilization and taining to the introduction of S. 1200 Health and Human Services out in waste and fraud; and develop a more re- are printed in today’s RECORD under Rockville, MD. With his departure, we liable funding stream so we can save ‘‘Statements on Introduced Bills and are saying goodbye to a standout Sen- Medicare, which is a great program, Joint Resolutions.’’) ate staffer, a great friend, and someone and which we would not save unless we Mr. SANDERS. I yield the floor and I who always brightens our day. We will make some tough decisions. suggest the absence of a quorum. miss him very much. I said earlier I think this proposal The PRESIDING OFFICER (Mr. There are not many things that Re- publicans and Democrats agree on in will save at least $250 billion in the FRANKEN). The clerk will call the roll. first decade and keep the program alive The assistant legislative clerk pro- this body these days, but our love for Gerry Counihan is bipartisan and—in- for 20 years. I was encouraged that the ceeded to call the roll. deed, I can say this without any fear of very respected Committee for a Re- Mr. HARKIN. Mr. President, I ask contradiction—unanimous. The Senate sponsible Federal Budget said, after I unanimous consent that the order for family joins together in wishing Gerry disclosed this plan last week, that they the quorum call be rescinded. happiness and success in his new ca- believed it would save as much as $325 The PRESIDING OFFICER. Without reer. billion over the next decade and reduce objection, it is so ordered. spending even more in the following With that, I yield the floor and sug- f decades. gest the absence of a quorum. I offer these ideas as a starting point TRIBUTE TO GERRY COUNIHAN The PRESIDING OFFICER. The in a discussion we have to have about clerk will call the roll. Mr. HARKIN. Mr. President, when The legislative clerk proceeded to how we can both extend the solvency Gerry Counihan leaves the Senate em- call the roll. and life of Medicare for the seniors who ployment in the next couple of days, Mr. FRANKEN. Madam President, I depend on it and reduce our national we will lose one of the most respected ask unanimous consent that the order deficit and debt, which we will not do and beloved members of our Senate for the quorum call be rescinded. unless we reduce the drain on our Na- family. During his nearly two decades The PRESIDING OFFICER (Ms. KLO- tional Treasury that the Medicare Pro- of service with the Senate, he has epit- BUCHAR). Without objection, it is so or- gram now represents. I am going to be omized the professionalism, dedication, dered. drafting this as legislation, and I will loyalty, and the incredible work ethic The Senator from Minnesota. circulate it to my colleagues. I hope it of the best staff members on Capitol Mr. FRANKEN. I thank the Chair. is of some assistance to Vice President Hill. So we are saying farewell not just Madam President, I rise today to dis- BIDEN and the leadership group that is to a wonderful Senate employee but cuss what I think is one of the clearest working with him as they prepare pro- also to a very good friend. threats to Americans’ digital privacy posals to get America’s ship of state Mr. President, Gerry Counihan first and to discuss legislation I think will back into fiscal balance. came to Capitol Hill in 1991 as a mem- go a long way toward addressing this I know all of these are full of polit- ber of JOHN MCCAIN’s staff. He later problem. ical risk, but the refusal of different left the Senate for a brief time, but re- Americans have valued and sought to parties of Congress to either cut spend- turned in 1997 as a tour guide in the protect their right to privacy for a long ing on the one hand or raise taxes on time, and so have the representatives Capitol Building, where he truly ex- the other is exactly why we are in the they have elected to be a part of this celled. In fact, Gerry made a bit of his- fiscal mess we are in now, and the more Chamber. But in the past few decades, tory himself. He gave the first public we wait to deal with it the harder it is there has been a fundamental shift in tour following the fatal shooting of two going to be. At some point, there is the nature of our right to privacy and Capitol police officers in 1998. When the going to be such a disaster that we are the privacy threats we face. Because Capitol reopened to visitors following going to have to both impose Draco- when I was young, when people talked the attacks of September 11, 2001, nian cuts in spending and tax in- about their right to privacy, they creases, and none of us want to do that. Gerry again led the first tour of the talked about protecting themselves The way to avoid that moment is to do Capitol. from the government—from govern- it now in a methodical and sequenced, Four years ago, sadly, Gerry was the ment intrusion. They asked: Is the gov- longer term way. victim of a violent crime and sustained ernment keeping tabs on my political The fact is, unless we take risks to- very grave injuries. He spent over 4 beliefs? Is it staying out of my family gether, the great losers—and those weeks at the National Rehabilitation business? risks have to be across party lines. Hospital. It was a long and courageous Today, we still need to worry about This has to be a moment when we say struggle to learn to walk and speak protecting our privacy from the gov- to each other across party lines: These again. But he persevered and suc- ernment, but we also need to protect are tough votes. I can demagogue this ceeded. our privacy from private entities—from vote, I can go after you in the next Unfortunately, Gerry was not able to corporations that are obtaining and ag- election based on this vote, but I am return to his job as a tour guide be- gregating increasingly large amounts pleading with you to cast this vote, cause of his injuries, but he was hired of our personal information. Nowhere and I will cast one that is risky, too, by the Sergeant at Arms to work as is that need clearer and more urgent politically, so we can do something one of our elevator operators. That is than on the Internet. Within the Inter- good for the country because, if we where I and so many other Senators net ecosystem, I would argue that don’t turn away from partisanship and have had the pleasure of meeting him some of the most sensitive information turn toward shared responsibility, the and enjoying his company in recent out there comes from our phones. big losers are going to be our great years. Smartphones are the future of the country and the wonderful people who I can’t tell you how many times dur- Internet and can actually be more pow- elected us and sent us here to lead. I ing late night sessions he has bright- erful than desktop computers from a thank the Chair. ened our lives with a kind word or decade ago. There will be more Mr. President, I yield the floor, and I bright smile. I can’t tell you how many smartphones sold in 2012 than laptops suggest the absence of a quorum. times he has shepherded us into the and desktops combined. There is a rea- The ACTING PRESIDENT pro tem- sanctuary of his elevator while fending son for that. These are incredible de- pore. The clerk will call the roll. off intrusive reporters or lobbyists. We vices. Using a smartphone, a mother or

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.011 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3794 CONGRESSIONAL RECORD — SENATE June 15, 2011 father can see his or her child, wish Google to disclose our location infor- shelter? In fact, he started calling taxi- him or her goodnight, even if that child mation to whomever they want. cabs to wait for her outside the shelter is half a world away. A smartphone can Let me give you an example. If I use at all hours of the day. Again, in this give a driver directions and can tell my smartphone to make a phone call, case, advocates realized that this wom- that driver where the nearest gas sta- my wireless company cannot go out an’s abuser was tracking her through tion is. Smartphones also enable emer- and give my location to third parties an app on her phone. gency responders to find and respond to without getting my express consent. My goal with the Privacy Sub- an accident in a matter of seconds. But if I use that same smartphone to committee is to try to find a balance But the same technology that allows search the Internet, my wireless com- between the wonderful benefits of mod- these wonderful benefits also raises pany can disclose my information to ern technology and our need to protect very clear privacy concerns. Our almost anyone they want. our privacy. Right now, when it comes smartphones know where we are all the Here is another example. If I use a to smartphone location technology, we time. Unfortunately, the last 6 months mapping application on my have an imbalance, because we are get- has shown that our legal framework smartphone to find out where I am or ting all the wonderful benefits, but we hasn’t kept up with technology and to find the nearest supermarket, Apple are not keeping our privacy. I think we isn’t protecting our privacy when we and Google would have to ask my con- can get both. use these devices. sent before telling third parties where I This problem is not going to fix Last December, an investigation by am. But if my same phone automati- itself. Let me tell you why I say that. the Wall Street Journal revealed that cally transmits my location to one of After the hearing with Apple and of 101 top applications for Apple these companies without my knowing Google, I asked representatives from iPhones and Google Android devices, 47 it, then, arguably, under current Fed- each of those companies a simple ques- disclosed information about a user’s lo- eral law, again, these companies would tion: Will you require that the apps cation to third parties, without asking likely be free to disclose my informa- you sell have privacy policies? In fact, consent from the user. tion to almost anyone they want. I also asked them this: Even if you do In April, security researchers discov- You do not have to take my word for not require that all the apps you sell ered that for almost a year, Apple it. Over the past several months, I have have privacy policies, will you at least iPhone devices have been creating a de- asked privacy experts and officials require privacy policies for just the tailed log of the different places a user from the Department of Justice and apps that can get your location? had visited—and stored that log on the Department of Commerce about Well, by last week, both companies both the phone and on every computer these issues, and they have confirmed had answered my questions. Let me a user synched his or her device to in that this is, in fact, the case. This does summarize their answers: No. an unencrypted manner. That same not make sense. In fact, it is kind of a I think Congress needs to act. That is month, Americans learned that both problem. why today I am introducing the Loca- iPhones and Androids were automati- But the most alarming thing I heard tion Privacy Protection Act of 2011. cally transmitting location informa- is that there are real-life consequences This piece of legislation is founded on a tion back to Apple and Google. In the when we do not do enough to protect simple principle: that consumers have case of the iPhones, the user had no location information on our a right to know what information is clear way of knowing this was hap- smartphones. The very first group that being collected about them and how it pening. In many cases, they actually contacted me after I wrote my letter to is being used, and that they have a had no way to stop it. Apple in April was the Minnesota Bat- right to decide who will get that infor- In February, I became chairman of tered Women’s Coalition. They told me mation, and with whom they can share the Judiciary Committee’s new Sub- they have seen time and time again it. committee on Privacy, Technology, how smartphone location technology This bill will fill gaps and loopholes and the Law. I decided to use my new can be abused by batterers and stalk- in current Federal law to give con- role to dig down and find out more ers. sumers four simple protections. about smartphone privacy. When I I asked the Minnesota Battered First, the bill says that anytime your learned of the events in April, I wrote Women’s Coalition to submit testi- wireless company or a company such as Apple about what was going on, and in mony for my hearing. Two stories from Google or Apple or an app developer May, I held our first subcommittee their testimony jumped out at me. One wants to get your location from your hearing on the issue. We took testi- was of a woman from St. Louis County, smartphone, they need to get your per- mony from the Department of Justice, MN. The Presiding Officer knows St. mission first. the Federal Trade Commission, privacy Louis County very well. It extends Second, if they want to give your in- advocates, technologists, representa- from Duluth all the way up to the Ca- formation to a third party, they also tives from app developers, and we took nadian border. It is a huge county, ac- need to get your permission. This does testimony from Apple and from Google. tually. not mean that our smartphones are I will tell you, the more I learned Recently, this woman had gone to a going to be clogged with permission about this problem, the more I became domestic violence program located in a screens. No. This can be done with one worried for consumers. county building. Within 5 minutes of simple screen. My bill does not require I learned that an app on your phone entering the building, her abuser sent a new permission screen from every can access an incredible amount of in- her a text message and asked her: Why subsequent company that gets your lo- formation on you. It can monitor your are you in the county building? Soon cation. That would be impractical. It Web browsing habits. It can access and after that, an advocate helped her get would not be smart. read your address book. And, of course, an order of protection against her The third thing it does is require it can access your location. But in abuser. To get that, she needed to go to companies that collect and aggregate most cases, a user has no way of know- the local courthouse. Soon after she the location information from thou- ing that all of this information can be filed the order of protection, the abuser sands of consumers to take reasonable freely sent to third parties that the texted her again. This time he asked: measures to protect that information user has never heard of. A recent study Why did you go the courthouse? Did from foreseeable threats. of the top 340 free applications found you file for an order of protection Finally, if a consumer writes one of that only 19 percent provide users with against me? The advocates later con- these companies and asks: Hey, do you a link to a privacy policy. That is less cluded that this woman’s abuser was have my location information, that than one in five apps. tracking her via a location tracking company has to answer that user yes or I also learned that our Federal laws service on her phone. no. And if the user asks for his or her on this subject are a confusing hodge- Another woman in Minnesota had a information to be deleted, the company podge full of gaps and loopholes, and similar experience when she secretly has to honor that request. that in many cases our current Federal entered a domestic violence shelter and When I wrote the bill, I looked at the laws explicitly allow wireless compa- her abuser started sending her text way other current digital privacy laws nies and companies such as Apple and messages asking her: Why are you at a were being enforced. Most of them have

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.020 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3795 what is called a private right of action facing the entire budget of the United dent requested $1.8 billion, which is a that allows a consumer to get their day States. That challenge is to make sure reasonable request based on past aver- in court if their rights are violated. I we have enough funding in the disaster ages of disasters, which we are pre- know that many entrepreneurs find emergency account to cover the mul- pared to budget in the base budget of these burdensome, so I wrote the pri- titude of disasters that have taken Homeland Security. Unfortunately, the vate right of action clause such that it place this year since January, as well estimate of the low end of these disas- would only kick in if no Federal or as those we are still recovering from in ters—again, there were 36 since Janu- State authority decides to act. the past. ary 1, and disasters happen in all 50 I also included exceptions in the bill I will put up a chart to show, in dra- States—the estimate is that we need to make it easier for parents to keep matic fashion, that this is an unprece- $3.8 billion at the low end, and at the track of their children, for companies dented situation we are facing. Since high end it is $6.6 billion. So between to protect against fraud and use loca- January of this year, 36 States have $3.5 billion and $6.5 billion is required. tion information that is anonymous, had disasters declared. This may be the But we have budgeted only $1.8 billion and for emergency responders to get to largest number of States in the short- in the base of Homeland Security. the scene of an accident without any est period of time, at least in recent As chair of this committee, I can tell redtape. memory, and potentially in history. you that our committee cannot absorb In fact, this bill does not cover law This is a challenge to the budget be- in its base the entire weight and cost of enforcement at all. It governs only cause, as you know, under our law the these disasters. The Homeland Secu- what private companies do with our in- Federal Government is by law—it at- rity budget has never in its history ab- formation, and what companies they tempts to be every day—a reliable and sorbed 100 percent. We do a rough and share it with. trustworthy partner for cities, towns, good-faith estimate of what it might I am proud to have worked on this and States that have been devastated be, but these are exceeding even our ex- bill with my friend from Connecticut, by tornadoes, wildfires, hurricanes, et pectations of what the disasters would Senator BLUMENTHAL. I am equally cetera. be. Of course, no one is in a position to proud the bill has the support of the Most recently, our minds, our eyes, be able to foretell the future. Our Sec- Center for Democracy and Technology, and our hearts have been focused on retary of Homeland Security brought a Consumers Union, Consumer Action, Missouri, with the terrible devastation great deal of skill and expertise as a the National Association of Consumer to several of their cities—most notably former Governor, an excellent man- Advocates, the National Consumers Joplin. But we remember a few weeks ager, and all the prerequisite academic League, the National Women’s Law ago the tornadoes that ripped through credentials, but she didn’t show up on Center, the National Center for Vic- the southern part of the United this job with a magic wand and a for- tims of Crime, the National Network to States—in Alabama particularly, in tune teller’s globe. She doesn’t have End Domestic Violence, and the Min- Georgia, and in some parts of Arkan- those tools available to her to be able nesota Public Interest Research Group. sas; and there was flooding in other to see into the future every disaster This bill will bring us back to a bet- parts of the country as well. and what kinds of disasters are going ter balance between the benefits of This is what Mother Nature has to happen to the country. All we can smartphone technology—and they are brought to us. We cannot control that. come forward with is a good-faith esti- wonderful—and our right to privacy, But what we can control is how we re- mate, which we did, at $1.8 billion. which is basic. It was written with spond to it. That is what I want to The reason I come here today is to input from consumer advocates and in- speak to today. I want to begin with a say there is a gap that must be filled. dustry alike. But even after today, I quote from David Maxwell from the Ar- I am strongly recommending that this will continue to work with these kansas Department of Emergency Man- Congress fund this off budget in an groups to make sure our bill is getting agement. He said this in the Wash- emergency line item, which is what we that balance right. I look forward to ington Post on April 30: have done 95 percent of the time in the those conversations. Anything that we’ve asked for, they’ve last 40 years. Since 1992, $110 billion of Mr. FRANKEN. Madam President, I gotten us. the $130 billion appropriated to the yield the floor. He was referring to FEMA. DRF has been emergency spending. I suggest the absence of a quorum. Gregg Flynn, a spokesman with the These events are unpredictable. You The PRESIDING OFFICER. The Mississippi Emergency Management cannot plan for it. We must respond by clerk will call the roll. Agency, said Fugate and FEMA ‘‘are law. If we don’t, then projects all over The assistant legislative clerk pro- unbelievably proactive towards the this country will shut down. ceeded to call the roll. states. They don’t wait for things to I remind everyone that they are Ms. LANDRIEU. Madam President, I happen. By the time the storm is out of projects that create jobs—not only do ask unanimous consent that the order the way, they want to know what we they restore hope and rebuild commu- for the quorum call be rescinded. need.’’ nities, but the projects create jobs. To The PRESIDING OFFICER. Without This is very good testimony, because list a few of them, there are the repairs objection, it is so ordered. many of us, including the occupant of for two very important roads in Ha- waii, which could potentially be f the chair, have worked hard to make a better, stronger, more proactive stopped; sewer line repairs at a pump EXTENSION OF MORNING FEMA. In large measure, we have ac- station replacement in Gary, IN; the BUSINESS complished that, although there are townhall in the village of Gulfport, Ms. LANDRIEU. Madam President, I still challenges for that agency. The which hasn’t been rebuilt since the ask unanimous consent that the period biggest challenge right now is that un- storm, for 6 years, which is under con- of morning business be extended until less the Senate, the House, and the struction—that could be halted. That 3:30 p.m., with Senators permitted to President do something differently, we is a dozen or more jobs in that small speak therein for up to 10 minutes are not going to have the money we town of Gulfport. Those are not big each. need to take care of these disasters. numbers nationally, but that is impor- The PRESIDING OFFICER. Without So for people on the ground, like tant to that city. There is an elemen- objection, it is so ordered. David Maxwell in Arkansas, and Gregg tary safe room being built in Kansas f Flynn in Mississippi, and whether it is now. That is a few jobs there, but it is Paul Rainwater, a CEO from my State important to the couple of hundred FEMA who is still struggling in the aftermath schoolchildren who were terrorized by Ms. LANDRIEU. Madam President, I of Katrina and Rita 6 years ago, we are tornadoes sweeping through that area. rise to bring to the Senate’s and the going to literally run out of money in I can go on and on. In Missouri, the Congress’s attention a great challenge the disaster emergency relief fund in Polk County bridge collapsed, which is that we have before us relative to the January of this year. very inconvenient for people having to budget of the Department of Homeland Let me put up a chart to show the cross that every day. I am not person- Security and, frankly, it is a challenge challenge that is before us. The Presi- ally familiar with it, but I can imagine

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.021 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3796 CONGRESSIONAL RECORD — SENATE June 15, 2011 the difficulty families are going hurricane season. We don’t know what news that that month—and the fol- through who were used to having ac- the season will bring. lowing month—we had lost some 700,000 cess to the river. There may be other alternatives to jobs in America. What we had had 8 I can list hundreds of projects that closing this gap, but it is very, very years before, a surplus and booming literally stop in their tracks if we don’t important. I am going to start work on economy, had hit the skids and people figure this out. My strong rec- this vigorously with my ranking mem- were losing jobs, businesses were fail- ommendation is that we do what we ber, Senator COATS, to see what we can ing, and people felt it in their savings have always done, which is appropriate recommend, potentially jointly, I accounts and IRAs all across America. and fund real emergencies. It is not ap- would hope. The President tackled that, and I propriate to do off budget things you Again, I would like to put up this joined him, with many others, to try to should have budgeted for but failed to chart because this reflects just about infuse in this economy the kind of do it. That is not an emergency; that is every Senator’s State, from Wash- spending that would build things, cre- bad planning. ington to Texas, to Nebraska, to North ate jobs, and turn this economy I think I am a pretty good chairman Carolina, to Florida, to Georgia, Ari- around. of this committee. I know Secretary zona. Montana will be green shortly, We believe it was successful but only Napolitano is an excellent Adminis- and so will Vermont because there are partially successful. Then at the end of trator of Homeland Security. There is disasters underway. So put your think- last year, the President joined on a bi- nothing we can give her to make it hu- ing caps on. We need to come up with partisan basis with Members of Con- manly possible to predict disasters and a way to fund these disasters, and it is gress to extend the tax cuts in an effort the magnitude of their destruction. going to be a big challenge as we start to try to infuse that money into the That is impossible. Again, we have to our appropriations process. economy so people would have more to figure out a way to budget for this that I am going to submit more technical spend. is responsible and, I say, put a good- information for the RECORD, but, again, Now, many of us took exception with faith effort, or average in your budget, we don’t have magic wands and crystal the menu of tax cuts because they in- and then anything that occurs, do it in balls in the Department of Homeland cluded tax cuts for the wealthiest peo- addition to that off budget, in an emer- Security. We have a lot of tools there ple in America at a time when we are gency. to protect our country and to build facing record deficits. It is hard to un- Another reasonable suggestion that after disasters, but magic wands and derstand, let alone justify, a tax cut for has met with resistance—and I can un- crystal balls are not available. So we a wealthy person as necessary for eco- derstand why—would be to take a per- have to come up with a way to close nomic growth. Most of the people who centage decrease against all the budg- this gap that makes sense. I trust that receive those tax cuts would not turn ets of the Federal Government and say over the next couple of weeks and around and spend them on goods and we wanted to spend this money but we months we will be able to do that. services. They might invest or bank had these disasters and we absorb it Mr. President, I yield the floor, and I them—invest overseas, for that matter. governmentwide. suggest the absence of a quorum. But that was the recipe. We went I can promise you that the last and The PRESIDING OFFICER (Mr. through spending and economic stim- worst thing—and one that can happen CARDIN). The clerk will call the roll. ulus. Then, last year, we went into tax because I will oppose it vigorously, and The bill clerk proceeded to call the cuts as a stimulus and, still, we are not so will many others—is taking the en- roll. moving forward as quickly or as whole- tire amount of the DRF, the disaster The PRESIDING OFFICER. The Sen- somely as we would like. relief fund, out of the Homeland Secu- ator from Illinois is recognized. THE DEFICIT rity budget, because then you put the Mr. DURBIN. I ask that the order for I spent the past year focusing on one country in a position where you are the quorum call be rescinded. aspect of this; that is, our Nation’s def- underfunding planning for the future, The PRESIDING OFFICER. Without icit. I was appointed to the President’s lowering your defenses against real ter- objection, the Senator is recognized. commission—the Bowles-Simpson com- rorist attacks that could potentially f mission—which took a look at this def- happen to the country, because you are icit, and for 10 months we studied it. It UNEMPLOYMENT funding for disaster levels that we were is a daunting challenge. It reflects pat- unable to plan for—for obvious reasons. Mr. DURBIN. Mr. President, 2 weeks terns of spending and taxing which now We cannot undermine the security of ago there was an economic disclosure have us in a terrible state, with a lot of our Nation or weaken the entire Home- about the number of people gaining red ink. Roughly 14 percent of our land Security Department budget be- jobs in America. The good news is it gross domestic product is generated cause of an unusual natural occurrence was on the positive side of the ledger, each year at the Federal level in rev- over which we have no control and no more jobs being created. The bad news enue—taxes. We spend 24 percent of the foreknowledge of. There may be other is it was not nearly enough and not gross domestic product of our country solutions that I haven’t thought of. fast enough. Even though these jobs in Federal spending. That difference— Another would be very helpful if the are being created in the private sector, 14 percent of revenue, 24 percent of President himself, knowing these num- we still know too many Americans are spending, a 10-percent difference—rep- bers—they come from his own execu- out of work. resents the annual deficit we face in tive agencies, which are tabulating There are 13.9 million Americans un- the United States of America. these numbers—were to send us an employed. That is a little over 9 per- The Commission sat down and said emergency supplemental. I have sent cent of all Americans actively seeking there is only one way to tackle this— him several letters requesting that he work. Worse, nearly 25 million Ameri- and I agree with the premise. We need send to the Congress an emergency cans are underemployed. People work- to do it together, Democrats and Re- supplemental to cover this gap. If he ing part time when they want to work publicans, which reflects the political doesn’t do that, Congress has the power full time are taking a job that pays a reality of the Congress, but we need to to act, and I will be making a rec- fraction of what they earned in pre- do something that isn’t altogether po- ommendation in the Appropriations vious employment. That is 15.8 percent litically popular. We need to put every- Committee to fill this gap. of all Americans who would like to thing on the table. So we did. What is not acceptable is to try to work full time but cannot do it. That is The Bowles-Simpson commission absorb this entire gap in the Homeland not a problem for these families, it is a suggested every aspect of government Security budget, which will leave our crisis, and every minute we ignore it is spending be brought to the table. That country in a very weakened position in a minute not spent well by this body. is a much more balanced approach than terms of preparing for future disasters A year ago it became increasingly the debate we went through a few and potential terrorist attacks. clear there was little appetite in Wash- months ago over the continuing resolu- Might I remind everyone that hurri- ington moving toward job creation. tion—that short-term spending bill. cane season just started on June 1. It is When the President was elected, he was That debate focused on 12 percent of now June 15. We are 15 days into the greeted on the day he was sworn in by our budget. There is only so far we can

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.023 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3797 take that conversation. We can’t bal- will not meet its obligations indefi- nesses across America will start to go ance our budget with a tiny slice of it. nitely. We have to look to ways to up. In the midst of a recession, that is We have to take a look at the entire make it fiscally solvent. I think we exactly the wrong thing. Interest rates budget. The Bowles-Simpson commis- can. I think we can do it without en- going up at that moment in time will sion did that. It brought to the table dangering the basic promise of Medi- discourage people from buying cars and all domestic discretionary spending on care, without increasing the costs be- homes and businesses from borrowing both the defense and nondefense side yond the reach of seniors. That is what so they can expand their payrolls and and, I might add, entitlement pro- we need to do. put more people to work. So it would grams. The same thing holds true for Social be reckless for us not to extend the That is an area where a lot of people Security. Many people are skeptical debt ceiling. get nervous because we are talking about Social Security, but here is the I know it is a political football. Peo- about Social Security, Medicare, and fact. Untouched, without Congress ple like to say—and I probably have Medicaid, to mention the major ele- doing a thing, Social Security will made these speeches in my own polit- ments of entitlement programs. The make every payment that has been ical career—this debt ceiling is a re- reason why many Americans have con- promised, with a cost of living adjust- flection that the United States doesn’t cerns over this debate is that many of ment every single year, for the next 25 have its act together. We are not deal- them are very vulnerable. They know years. We can’t say that about many ing with the deficit honestly. There is they have worked hard, and if they Federal programs. We can say it about truth to that. But at the end of the still have a job, they realize that even Social Security. But the reality is, in day, we have a responsibility to extend working hard, they are falling behind; the 26th year, it falls off the cliff. We this debt ceiling. If we end up watching wages aren’t keeping up with the cost would have to cut benefits by over 20 interest rates going up and this reces- of living. So even hard-working fami- percent if we don’t do something be- sion getting worse, let me tell my col- lies look at their bank accounts and tween now and then. I believe, and the leagues, there are no political winners their future and say: No matter how Bowles-Simpson commission believed, in the House or Senate if that occurs. hard we work, it doesn’t seem as the changes we make today, 25 years in What we need to do—clearly, what we though we are able to keep up with the front—small changes—can play out to need to do—is to extend the debt ceil- increased cost of living. They realize buy longer solvency for Social Secu- ing as well as have an honest, com- their vulnerabilities. We all do. When rity. prehensive approach to deal with our it comes to health insurance, if you Haven’t we all been forewarned by deficit. It will involve spending cuts, don’t have good health insurance, you what has happened over the last dec- make no mistake. That has to be done. could be one diagnosis or one accident ade; that we shouldn’t privatize Social It will also involve taking a look at en- away from having all your savings Security, we shouldn’t jeopardize So- titlement programs and making sure wiped out or being denied the quality cial Security? In the end, we don’t we have found all the health care sav- care every one of us wants for our- know if that pension we worked our ings we can so we don’t have these pro- selves and members of our family, par- lives for in a corporation is going to be grams going bankrupt, and it will in- ticularly our seniors. Those who are re- there or whether the corporation is clude revenue. There are people who tiring before Medicare and those even going to be there. We don’t know if our can afford to pay—people who are well on Medicare want to make sure they savings will be of the same value that off in America, blessed to live in this have adequate health care coverage. So they are today when we want to retire. country who have done quite well. Ask- when politicians in Washington start Social Security is the one constant. It ing sacrifice from them at this moment talking about the future of Medicare, is hardly enough to live on, but a good, in time is not unfair. I think it is the many people get nervous. They wonder solid bedrock for many people to build right thing to do. Bringing those to- if it is going to be there when they need it. their retirement. So we owe it to So- gether, we can come up with a bipar- The House Republican budget pro- cial Security to make sure it is solvent tisan agreement and I hope we can do posed by Congressman PAUL RYAN a for years to come. it and do it soon. few weeks back tackled the Medicare So here we stand in a situation where Let’s not make the mistake of de- we are facing a crisis and the crisis is faulting on America’s debt. Let’s not issue. I respect PAUL RYAN, but I re- one with a deadline and the deadline is make the mistake of jeopardizing the spectfully disagree with PAUL RYAN when it comes to his conclusion. At the August 2. Here is what it is: Each year, full faith and credit of this country. end of the day, the House Republican as the deficit on our budget increases, Let’s not run up interest rates at a budget would have doubled the out-of- we need to borrow more money as a na- time when we need to recover from this pocket expenditures of senior citizens tion. In other words, the mortgage of recession and put Americans back to for Medicare. Currently, that is esti- the United States goes up by the work. Let’s not create a new burden on mated to be in the range of $500 a amount of the deficit. So each year we small businesses when they try to bor- month. What the Ryan budget proposed have to negotiate a new mortgage. We row to continue expanding their oper- was to double that: an additional $6,000 call it extending the debt ceiling of the ations and employment. Let’s make in premiums individuals would have to United States. We need to do it this sure we are doing the responsible thing pay once qualifying for Medicare. year. The Treasury Secretary said we here in Washington. I think we can. These are people, by and large, who are have to do it by August 2. That is the I have been meeting with a group retired. To have an additional $6,000 in deadline. Failing to do that, we will be that was originally a group of six, and out-of-pocket expenditures naturally in a default position. In other words, then it became a group of five. Then it raises an alarm. They are alarmed at the full faith and credit of the United kind of expanded to 10 and 15 and 20 the prospect that they would not have States, which has never been ques- and 25. It is kind of a moving card the money to pay for Medicare. He also tioned, will be questioned. People will game. But I will tell my colleagues took the program from where it has say, if the United States is not bor- that I am encouraged by the people been for the last almost 50 years and rowing the money it needs to meet its who come into the room, Democrats turned it into a basic private insurance current expenditures, then we can’t and Republicans on the Senate side, program. I think most people in Amer- trust them to make payments in the who listened to the basic outline of ica who are honest will tell us that future. what we have been talking about. Al- putting our health fate in the hands of So what is likely to occur? If the though they may not agree with it and the tender mercies of health insurance Congress fails to extend the debt ceil- its particulars, they certainly agree companies doesn’t give people a lot of ing before August 2—if we get into a with this premise: What we need to do confidence. political debate and that becomes the must be bipartisan. What we need to do So the House Republican budget pro- major element of debate and discus- must include everything—meaning put- posal met with an icy, if not angry, re- sion—if we fail to extend it, what will ting everything on the table—and what ception across America. happen instantly is that interest rates we must do is come up with a credible, That is not to say we can ignore will start going up. Interest rates that honest plan that will reduce our deficit Medicare. Medicare, if not attended to, affect families, individuals, and busi- by more than $4 trillion over the next

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.026 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3798 CONGRESSIONAL RECORD — SENATE June 15, 2011 10 years. That amount doesn’t solve Senate and in the House. I wish to average and save our country about our problem. We will still have a na- mention there are a number of discus- $7.6 trillion over what is called the al- tional debt, but it will finally turn the sions about the Medicare proposal ternative fiscal scenario as printed by corner. It will finally bring that cost PAUL RYAN has put forth, and certainly CBO. curve down, and it will show to the it is not perfect. There is no doubt in my mind—I do world, at a time when people are skep- I would love to see a proposal made not think there is anybody in this body tical about the economies of Greece from the other side since everyone who would disagree with this—that the and Portugal and Ireland and other knows Medicare is going to be insol- signals we are sending to the country countries, that the United States can vent in the year 2024. The worst thing and the world about our inability to stand and work together in a respon- we can do, of course, is not pay atten- come to a conclusion about our spend- sible fashion to deal with the deficit. I tion. I hope at some point in the near ing is affecting the economy. I cannot think it is time to move forward in this future we will actually hear a concrete imagine there is anybody who would bipartisan manner. I hope my col- proposal from the other side of the disagree with that. We have had people leagues in the Senate who are aware of aisle regarding Medicare. come in, economists telling us what this effort, who feel this is the right But let me go back to the State of Il- will happen if we do not raise the debt thing to do, will join in putting to- linois and the state of our country and ceiling, what will happen if we do and gether something. It is going to be certainly the people in Tennessee. we do not do those things that are nec- tough. It will not be easy, and there There is tremendous uncertainty out essary to lower the amount of spending will be compromise needed on both there in the business community. As a that is taking place here in Wash- sides. But if that compromise is forth- matter of fact, in talking to one of our ington. coming, we can meet our obligation. I leading economists last night, cor- Again, I have offered something that don’t know who will win politically if porate balance sheets today are flush is practical. People on both sides of the we do this. I don’t think most people in with cash, but companies are unwilling aisle have joined. I know there are dis- America care who wins politically. to invest that cash in long-term assets cussions that are taking place. They They do care about having a job tomor- because they are concerned about what are called the Blair House negotiations row, making enough money so they can we are going to do here in Washington. between the Vice President and Mem- have a nice home and a future for their They are concerned about whether we bers of this body, and I am under- children, and the belief that America’s as a country are going to actually deal standing that a fiscal straitjacket is best days are still ahead. We can do with our debt ceiling, deal with our in- part of that discussion; in other words, that. It is going to be hard politically, debtedness in a way that makes making sure that over the next 10 but it is something that is absolutely progress. So there is tremendous uncer- years whatever costs we cut are actu- essential. tainty. ally locked in, and more cuts are got- That is, in my opinion, one of the f ten through the imposition, if you will, leading causes of the economic issues of a declining fiscal straitjacket, where EXTENSION OF MORNING we are dealing with, the high unem- we, in essence, get back to the norm as BUSINESS ployment. It has been 777 days since it relates to spending and our economy Mr. DURBIN. Mr. President, I ask this body even passed a budget. If you in this country. unanimous consent that the period for can imagine having a country such as I want to say I think one of the morning business be extended until 5 ours with 535 people in the House and greatest things we can do to actually p.m., with Senators permitted to speak Senate spending money without a spur the economy—as much as people for up to 10 minutes each. budget for that long, obviously it is a care about spending in this country The PRESIDING OFFICER (Mr. display of an incredible lack of dis- today; and there are a lot of people who MERKLEY). Is there objection? cipline and certainly sends the wrong do—believe it or not, they care, as they Without objection, it is so ordered. signal to the business community. should, even more right now about the Mr. DURBIN. Mr. President, I yield So I do think our country is suf- economy and their own family’s situa- the floor. fering, suffering economically. Every tion. I think these two are intertwined. The PRESIDING OFFICER. The Sen- person I talk to is concerned about the I think if we as a body were to show ator from Tennessee. uncertainty of whether we as a country fiscal discipline, show some certainty f are going to be able to deal with our in- into the future, show the business com- debtedness, the tremendous amount of munity and the world community we FISCAL DISCIPLINE debt this country is piling up because have the ability to have discipline, to Mr. CORKER. Mr. President, I am ac- we are spending money we do not have. act responsibly, I believe it would un- tually glad to have come to the floor I do look at this August 2 deadline as leash tremendous amounts of invest- after my colleague from Illinois has a line in the sand for us as a country. ment. just spoken. I was in Illinois this week There is plenty of time for us between Again, a leading economist last night talking with a number of people there now—June 15—and August 2 to actu- says he has never seen a situation in the business community as part of ally come to an agreement on these big where this much cash resides on cor- what I do on the Banking Committee. I issues. One of the things I hope will be porate balance sheets, but corporations wish to say that in talking to many of a part of anything we do is something are unwilling to invest them in long- the great civic and business leaders like the fiscal straitjacket that the term assets. What that means, what who exist in Illinois, one of the biggest CAP Act outlines. I do not think there that translates into is they are not concerns they have is, in fact, this debt is anybody in this body who disagrees building plants, they are not expanding ceiling issue and the reduction of debt. with the fact that we as a country are because they are concerned about poli- I appreciate the work of the Senator spending money we do not have and cies in Washington, one of which is: from Illinois in trying to reach a com- more money than we should. As a Can we control our spending? promise. As a matter of fact, I salute country, we have spent about 20.6 per- So I do think that August 2 is a sem- anybody who is trying to work to solve cent of our country’s gross domestic inal moment in our country’s history. this problem. product for the last 40 years. That is There is nothing happening here in the I wish to say, from my standpoint, I the post-entitlement period. Today as a Senate. Let’s face it. We are voting on know the debt ceiling is a major issue, country we are spending almost 25 per- judges we do not even need to vote on. and for me to be able to support it, we cent of our country’s economic output We could pass them out of here by need to have dramatic changes in the on the Federal Government, and that unanimous consent. We have bills on way spending is taking place in this number is rising geometrically. the floor that mean nothing, that are country. I think there are numbers of So we put forth a bill. It is called the never going to become law, just to fill people on both sides of the aisle who CAP Act. Again, it has bipartisan sup- up time. We know that. It has to be the feel that way. I have offered the only, port in the Senate, bipartisan support most boring time in the world for a to my knowledge, concrete proposal in the House, that would take us, over Presiding Officer. Nothing is hap- that has bipartisan support in both the a 10-year period, down to the 40-year pening. The oxygen is taken out of the

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.027 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3799 room over this debt issue, and we are debate on this floor about what it is get out of the way. Washington keeps debating things that are never going to that has actually been arrived at, what putting up roadblocks. happen. It is almost a farce in many the deal is, so we can actually talk Last month’s dismal job numbers ways. about it in a responsible way and do paint a very clear picture. Unemploy- So there is plenty of time—it is June those things we all know are very im- ment rose to 9.1 percent—far above the 15—for us to negotiate something that portant to our country, very important 8 percent level promised by the admin- is meaningful as it relates to cuts, and to our country’s solvency, and cer- istration at the time of the passage of certainly plenty of time to act, to put tainly very important to all those the stimulus bill. Nearly 14 million something in place such as the CAP Americans out there who are uncertain Americans remain unemployed and ac- Act as part of the overall need to re- as to whether the heads of households, tively looking for work, and more than form our entitlements and make sure who provide such great opportunities half of them are long-term unem- they are here for future generations. for those people coming under them, ployed. With only 54,000 jobs created Let me state one more time that I have the opportunity for good-paying last month, and 3 million job openings, feel as if, in many ways, what we are jobs. the problem is clear. reading in the media about these nego- With that, Mr. President, I yield the These numbers also reveal some solu- tiations is almost a walking down of floor. tions that could go into effect if gov- expectations. In other words, most of The PRESIDING OFFICER. The Sen- ernment would step out of the way. For us want to see something big happen ator from Wyoming. example, 7,000 of the jobs created last for this country. We see this as a true f month were in the mining industry. seminal moment for our country. But Those of us from mining States know from what I read of the various JOBS that the mining and domestic energy snippets that are coming out of these Mr. ENZI. Mr. President, I thank the production industries offer good jobs discussions, it is almost intended each Senator from Tennessee for his com- with good pay and good benefits. Yet day to tamp down what our expecta- ments and for the way he delves into the administration has made it incred- tions are. any issue we work on and comes up ibly difficult for this industry to con- I want to say to everybody in this with some unique ideas from his past tinue creating jobs. It has slowed the body, unless I see dramatic changes in business experience. I hope people will permitting process for existing mine spending as a result of these negotia- look at his resume, the information in plans, let alone new mining and drill- tions, I absolutely will not vote for this his biography, to see the fantastic ing activities. Let me say that again. debt ceiling increase. If we are going to things he has done that show he has It has slowed the permitting process to have a calamity in this country—and the capability to solve problems such a crawl and directed EPA to regulate there are economists who say we are as this. greenhouse gases under the Clean Air going to have a calamity either way: in I particularly appreciate the solution Act. other words, if we do not act respon- the Senator has come up with. Some Simply stated, the President’s poli- sibly and pass a debt ceiling, we are people say it does not go far enough. cies are making things worse. How bad going to send a signal to world markets You could make it go further than is this permitting process? Fourteen that we do not have the ability to con- that, but it is timing that is important different mines have asked for an ex- trol spending; if we do not raise the and actually getting a debate that is tension so their mine plans could con- debt ceiling, there are those who will important, and I appreciate the way tinue in a logical way. There was a big say there is going to be a calamity. the Senator put it out in a reasonable announcement 6 weeks ago: The admin- Here is what I would say. I am 58 way where we ought to be able to do it. istration is going to allow 758 million years old. I came to this body because We need to do it right now so we do not tons of coal to come up for bid. That is I wanted to solve our county’s prob- keep passing this debt down, so we get 4 of 14 applications: 758 million tons. In lems or be a part of that working with in a responsible position. my county alone, there are a million others. I want to say—I want to go on I am going to talk about something tons of coal shipped a day—a million the record—that I would rather us have very similar today. We are in a jobs tons a day. The amount permitted for a calamity this summer on my watch crisis in this country. I come to the bid is a 2-year supply, and it is going to while I am here so I can deal with it floor this afternoon to talk about jobs. take 6 years to permit it. And we can- than I would to pass a debt ceiling and There is not any more important issue not get the other 10 of them to be put not do something that dramatically al- for American families today than jobs. out for bid and to go through that same ters our fiscal situation in this country For 3 long years, we have been wait- delayed process. That is affecting jobs and pass it along to someone else who ing for the economy to get back in gear and it is also causing resources to be may come behind me. I think there is and start creating the jobs necessary left in the ground that could be effec- a lot of sentiment in that regard. I to keep America strong. I am afraid tively used in our economy, which hope there is a lot of sentiment in that that Congress and this administration raises the costs. regard: that all of us—all of us—would have not done their part to foster the The broadest result of this misguided rather bear the brunt of irrespon- healthy job-creating economy we need. energy policy will be increased prices sibility while we are here than pass it We have heard plenty of talk about job for Americans. That will only dig our on down the road. creation, but the rhetoric simply does economic hole deeper. American fami- So I am here to talk about a compo- not match up with any action. So lies are already coping with the ter- nent of a solution which is the CAP today I will speak about the headwinds rible job market and a struggling hous- Act. There may be some variation of we face, as well as some of the simple ing market. Increasing reliance on for- this that makes more sense. Certainly, solutions to help spur job creation. eign energy sources and ignoring the I have no monopoly on wisdom. But I This week the President’s Council on sources we could harvest here at home hope something like this, if it is not Jobs and Competitiveness presented makes no sense. exactly the CAP Act as written, is a President Obama with five steps to cre- In certain regions of the country, the component of the negotiations. I know ate job growth. I agree with most of result of this misguided energy policy during these negotiations this is actu- the suggestions. Some of them are is lost jobs and bankrupted American ally being discussed: meaning, how we steps I have been urging for some time, companies. On the gulf coast, many of cap spending and actually put Congress such as streamlining job training pro- the thousands of jobs that were sup- in a fiscal straitjacket, for lack of a grams and speeding up the government ported by the offshore drilling industry better word. permitting processes. But, unfortu- are simply gone due to the morato- This is a seminal moment. I hope we nately, for the most part, these are rium, permit, and bureaucratic delays will not water down expectations. I just baby steps. The truth is, the most on offshore drilling in the gulf. Also, hope we will rise to the occasion and, significant step the Federal Govern- when skilled people are out of a job, as the Senator from Illinois mentioned, ment could take to allow greater job they go somewhere else to get a job. deal with this in a responsible way. I growth is even easier than a baby step. They go to other countries to get a job hope very soon we will actually have a Washington government just needs to and it reduces the number of people

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.028 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3800 CONGRESSIONAL RECORD — SENATE June 15, 2011 who can do the work here. It is another going to pass loan guarantees. We will that time, they had to do open heart way of sending jobs overseas. provide loan guarantees for you. We surgery and go in and stitch it up, put Some of the production has moved to are not going to give you the money, a special ring in there, which fortu- Brazil and other countries that are not but if that price were to drop dramati- nately for me has held very well. It re- impeding their domestic energy pro- cally, then we would have some respon- paired my heart, and it is in as good or duction. And we are their customers. sibility in the situation. better shape than it was before that We are the ones buying it at extra-high Of course, the chances of it ever drop- time. prices. ping to that point are pretty neg- But there is a medical device, and Ironically, one of the largest discov- ligible. now they can come in just like they go eries of oil in the Gulf of Mexico was We allocated I think about $8 billion in with a stent and put that into that just announced last week. This dis- for loan guarantees for these types of part on the heart, pop this little um- covery proves there are still massive projects—that is no cost to the Federal brella open, and I would be fixed. I amounts of domestic energy available Government—out there for this com- wouldn’t have to have that invasive to help alleviate the high prices if the pany to go ahead and make low-sulfur heart surgery. That has already been government would simply get out of diesel and even jet fuel. Our military available in Europe for 2 years. It still the way. needs jet fuel. But out of that $8 bil- hasn’t been approved in this country. Unfortunately, the slowdown in ex- lion, none of it has been allocated— That is a process which is bogged ploratory drilling as a result of last none of it. At the same time, we did down, which is costing jobs. So what do year’s moratorium is expected to lead programs for solar and wind in the the companies do about it? They said: to a 20-percent production decline next amount of $20 billion. Which do you Well, let’s see, why don’t we build our year. And things don’t happen over- think can produce the most energy? stuff over in Europe? Now, if you build night. Permitting takes up to 6 years But it is OK with me that we have the a plant, you are probably looking at 10, as well. solar and the wind. I think it is a good 20, 30 years of production before you I do not know if the public is aware, idea, and we are developing a lot of are in a position to move that plant but there is a Middle East cartel that that in Wyoming too. But how come we somewhere else, like back to the helps set the price of oil. Years ago, can’t turn a loan guarantee loose so United States should we cure our prob- they used to able to set prices much that we can change coal into diesel lems. So we have to cure that problem easier. They could cut back the supply with carbon sequestration? It is be- now before we drive all of that overseas and increase the cost or they could in- cause of this adverse opinion on coal and all of those jobs overseas. The peo- crease the supply and decrease the that creates a lot of problems. ple who do the manufacturing on those cost. Twice I watched them drop the So it is not just a problem in that rings get good pay, they have skilled price of a barrel of oil down to $8 and area, this slowing down of the process; jobs, but they do them in the country put the American oil industry out of this is also affecting things such as where the plant is, they don’t do them business. They put it out of business medical devices. in the United States. That is just one long enough so that the people who We are interested in the health care more example. were qualified to do the work got jobs of the American people, and we have an Well, I have another one. Right now, in other countries. When they brought agency that watches out for our safety they are in the process of doing a rule the price back up, it took years for us and should watch out for our safety, and regulation about how long you can to bring the production back up. and we help ensure that time after drive a truck, how long you can idle a Now, they have said Saudi Arabia has time. We did a food safety bill, which is truck, what kind of medical inspection run out of energy, that they are just a part of that FDA plan. the driver should have to have. One of about to use up their supplies. Well, But in 2003 it was obvious to the com- the groups that brought that to my at- last week they announced they are panies that make the medical devices tention is the owner-operators of going to have this huge increase in pro- that the agency did not have enough trucking companies, and they say the duction. How did that happen? Well, people, enough resources to expedite, people who are drafting this rule have there are new techniques. There are to get their evaluation done in a time- never driven a truck. new technologies that are being used ly manner, and the industry agreed to That is one of the problems with a for drilling. It is helping to bring up put up money—not to have any benefit lot of these rules and regulations: the more oil. to their particular company but for the people who are making the rules have We ought to be doing that right here whole industry—to get things stream- never owned a business. And there is in the United States. We ought to be lined, with more people looking at it so this tendency in government to be increasing our supply of oil. There are they could get the approvals, so they afraid that at some point something fields where only 20 percent of the oil could get these health devices out to might go wrong, and it might come was producible at the time it was people so that they could be used. back. They have never had anybody drilled. New technologies, one of which Well, since 2003 when they put in the come back on them for saying no or for is to put carbon dioxide, or CO2, down first amount of money, the resources slowing something down. Well, actu- the hole and force the oil up—that is for the FDA have doubled, the fees ally, they have never had anybody good for another 10 or 20 percent of the have tripled, and the production has come back on them for saying yes. I oil, and it captures the carbon. Why been cut in half. It is taking too long. wish they would realize that. The out- aren’t we talking about capturing car- Now, how do I gauge what is too fit with the liability in this is the com- bon? We ought to be encouraging that, long? Well, Europe does the safety pany, not the one who approve the rule. not discouraging that. process too. Europe approves these They just need a good process they can We also have a company in my state medical devices 2 years before we do. move through and we can have a lot that would like to convert low-sulfur Two years before people in the United more jobs in this country. coal to low-sulfur diesel fuel. Low-sul- States are able to use these things, Another way we can assist the jobs, fur diesel is one of the things we really they are using them in Europe. And as I have been saying, is by simply get- want. With these fluctuations in prices you are not hearing about any calami- ting out of the way and by reducing the we have seen over the years, they said: ties with the medical devices in Eu- regulatory burden the Federal Govern- We have the money to build this $2 bil- rope. They are doing an adequate job of ment places on employers. lion plant and get it operational. But checking the safety and making sure The first step here would be to repeal what happens if Saudi Arabia and the what they are putting out produces the the health care law that is already Middle East cartels decide to drive the desired result. But not in the United driving up costs and paralyzing em- price down again? What if that price States. We are slowing that process ployers who are uncertain of their fu- got down to a point where our produc- down—putting more money in, but ture obligations. Unfortunately, the tion was unproductive, if they put us slowing the process down. President and his supporters in Con- out of business, if they bankrupted us? There are things out there that peo- gress are fighting this effort every step Well, several years ago, Congress ple could really use. Before I came to of the way. Although the President said: We can take care of that. We are the Senate, I had a heart valve tear. At issued an Executive Order on January

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.029 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3801 18 of this year directing agencies to re- get the message. So far, it is clear they ing asked the question of whether the evaluate the regulatory requirements have not. American dream is slipping out of they impose to be sure they are tai- An extraordinary effort is underway reach. I made the point then that I am lored to impose the least burden, less at the National Labor Relations Board repeating today. The American dream prescriptive, and justified cost-benefit to deter Boeing from expanding into a starts with a job. The focus on pay, analysis, we have yet to see any regu- right-to-work State, where it would benefits, and organizing does nothing latory relief from any agency. create work for over 1,000 employees. to create a job. We are going to have Speeches will not save America, ac- Those thousand employees have al- another one of those hearings next tion will. The President can say he ready rejected a union, but they have week. I am not sure where it is going. wants to get things done, and if nobody the right to do that. Now, this would be We have not proposed any legislation does them, we are in worse shape than 1,000 more people employed in a billion- yet to deal with these issues. We are we were before, not better shape. dollar-investment facility. just getting press. That doesn’t get I had hoped the entire administration So what has happened in Washington jobs. Stalling the growth of the domes- would take this directive on looking at State that might have the people there tic energy production industry or in- all of the regulations seriously, par- upset? Well, I am not sure. Boeing has creasing the regulatory burden on ticularly because regulatory burden also hired 2,000 additional employees American businesses doesn’t increase falls most heavily on small businesses out there, so it obviously has not hurt jobs either and neither does blocking whose hiring will pull us out of this on- their employment. There will be seven free-trade agreements with our part- going recession. Small businesses rep- of the planes built in Washington State ners around the globe. An unelected, resent 99.7 of all employer firms. They and three of them built in South Caro- unconfirmed general counsel at a small employ over half of all private sector lina per month. But the case has drawn agency is getting in the way of busi- employees. They pay 44 percent of the a great deal of attention not because ness management decisions that create U.S. private payroll. They generated 64 Boeing is a big company but because jobs. percent of the net new jobs in this the agency’s fact-twisting and pub- The American dream is not out of country over the past 15 years. licity-seeking reveals a strongly biased reach, but it is suffering from needless I owned and operated a small busi- agenda. Our economy cannot recover hand-slapping threats. Those should be ness. I can tell you that if I had thou- when this administration’s policies re- changed to hand-clapping progress. But sands of pages of regulations from a sult in exporting jobs rather than air- this administration has to stop getting health care law hanging over my head, planes. in the way of job creation so Ameri- I would hesitate before creating any The wisdom of the National Labor cans can have jobs. new position that increased my expo- Relations Act is to defend the right of I yield the floor. sure. The key is to stay under 50 em- employees to collectively bargain when The PRESIDING OFFICER. The Sen- ployees. There is less regulation under they choose to do so, not stepping in to ator from Texas is recognized. 50. I know of some companies that al- limit employees’ ability to exercise f ready were at 52, 54, 56. They said: Do their right not to form or join a union. you know what we are going to do? We At the National Mediation Board, we MEDICARE are going to reorganize so that we are have seen rulemaking to change the Mr. CORNYN. Mr. President, last under 50 employees. way election results are counted in month, the Medicare trustees warned Although reorganization is always order to favor organized labor. that Medicare will go bankrupt in 13 good—we should take a little dose of When that did not work and the ma- years, which is 5 years earlier than that here in the Federal Government, jority of employees still voted against they had previously calculated. You but we don’t. Everything is based on the union, the agency launched mul- heard me right. One of the most impor- what we had before plus inflation—no tiple investigations trying to smear tant programs that the government ac- reinventing, no doing things dif- the employer. These government-spon- tually runs—the Medicare Program— ferently. I am seeing that in Wyoming sored efforts to increase union density designed to provide health care to sen- as they are trying to close down some have done nothing to create jobs. In iors, is going to run out of money in 13 of the small post offices without any some cases, the Federal Government years, 5 years earlier than projected new ideas for them, without even cov- has been counterproductive to that just last year. ering the costs. But that is another goal and should get out of the way. The Medicare trustees noted that story, and I will cover that later. Pending before the Senate and being Medicare’s unfunded liabilities—that is As the Senator from Tennessee said held hostage under political pressure the number it is responsible for—are earlier, we are here and we are not get- are three free-trade agreements—South more than $24 trillion, but that is also ting anything done. I think that is part Korea, Colombia, and Panama. These growing. Stated another way, this is a of the strategy. There was no budget— pacts have been negotiated for years, $24 trillion gap between Medicare’s fu- 647 days with no budget and bills left and they will open markets to our pro- ture benefit costs and the future taxes undone. We get to this process here ducers. Yet this administration has of premiums that are expected to be where, to keep us from doing amend- failed to submit these agreements to collected to pay for it. ments on this side, we just keep the Congress and is refusing to consider a Today, I am, along with nearly all floor open like this for days. Then we reasonable compromise. That is wrong my Republican colleagues, sending a have a cloture vote, and because we and it is hurting over $1 billion worth letter to the President of the United have not had an opportunity to put any of U.S. beef exports to Korea which States, insisting he comply with the of our amendments in, we vote against would help ranchers all across the law. What law would that be? Well, the cloture, and that keeps cloture from United States, including my home law that was passed in 2003 that, under happening, and the leader then pulls state of Wyoming. The Korea agree- these circumstances, requires the the bill, and that ends the process. We ment not only helps grow U.S. agricul- President to propose a plan to deal go to another bill on which we are also tural exports but would also open the with this funding crisis for Medicare. going to do the same thing. Some of door for future trade with China which President Obama has said he is willing these are good ideas and ought to be is an even larger market for U.S. farm to make some tough decisions. Yet he passed, but we don’t make it to that products. And that is just one industry. refuses to provide concrete, construc- point. I am sure that is for the next The Korea agreement, as well as the tive, and meaningful proposals to deal election, saying: Those darn Repub- Columbia and Panama deals would also with this impending insolvency of one licans just held up everything. That is help our service manufacturing and fi- of our most important government pro- not how we ought to be operating. nance industries just to name a few. grams. Reducing the regulatory burden that In the committee on which I now The Medicare trustees have issued a is imposed by the Federal Government serve as ranking member, the majority Medicare funding warning in their an- would be an important step, but we scheduled three hearings on the middle nual report every year since 2006. They also need to make sure the administra- class and job growth. I am concerned are required to do so under the Medi- tion’s independent boards and agencies about the middle class. The first hear- care Prescription Drug, Improvement,

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.030 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3802 CONGRESSIONAL RECORD — SENATE June 15, 2011 and Modernization Act of 2003. In re- is entitled ‘‘Moment of Truth.’’ They eral Hospital Insurance and Federal Supple- sponse to this warning, as I said, the reported back in December 2010. It was mentary Medical Insurance Trust Funds. President is required by Federal law to a bipartisan commission appointed by Sincerely, submit to Congress proposed legisla- the President himself. It makes con- John Cornyn; Mark Kirk; John Thune; Lindsey Graham; John Barrasso; Roy tion that would address this funding structive suggestions on how to solve Blunt; Lisa Murkowski; Mitch McCon- crisis. President Bush, in 2008, in re- our spending crisis and to address the nell; Daniel Coats; Lamar Alexander; sponse to the 2007 Medicare trustees’ unsustainability of our entitlement Kelly Ayotte; Michael B. Enzi; Richard warning, did exactly what the law re- program. But it appears that rather Burr; James Inhofe; Pat Roberts; Jerry quires. He submitted legislation to ad- than embrace any of these constructive Moran; Rob Portman; Marco Rubio; dress this funding crisis. Both the ideas, rather than do his duty, as the Ron Johnson; Rand Paul; Saxby Cham- House and the Senate, in compliance law requires, the President seems con- bliss. with the law, introduced legislation, tent to scare seniors into opposing re- Mike Crapo; Bob Corker; Tom Coburn; Chuck Grassley; Johnny Isakson; John but, unfortunately, it never went any- sponsible reforms, while watching the Hoeven; Jeff Sessions; Michael E. Enzi; where—kicking the can down the road program go bankrupt over the next few Patrick J. Toomey; James E. Risch; once again. years. Kay Bailey Hutchison; Mike Johanns; The Medicare trustees have, in fact, By refusing to propose needed re- Jim DeMint; John McCain; Orrin issued a funding warning every year forms to this important program, Hatch; Jon Kyl; Dean Hellers; Richard since 2006, as I mentioned, including all President Obama is not only abdicating C. Shelby; Thad Cochran; Richard G. Lugar; Roger F. Wicker. 3 years President Obama has been in his responsibility to lead as a President office. However, for 3 years now, Presi- of the United States, he is violating The PRESIDING OFFICER. The Sen- dent Obama and his administration Federal law. ator from Georgia. have failed to comply with the manda- Mr. President, I ask unanimous con- f tory requirement of the law. Congress sent that a copy of the letter I referred THE ECONOMY has never received a proposal from to earlier be printed in the RECORD. President Obama’s administration to Mr. ISAKSON. Mr. President, last address this funding crisis. This failure There being no objection, the mate- night, between 6 and 7 o’clock, I did a I wish I could tell you was the result of rial was ordered to be printed in the telephone townhall meeting in Georgia. an oversight but apparently not. RECORD, as follows: We had a little over 3,000 people on the On Tuesday, in an e-mail to The Hill U.S. SENATE, call, and I was able to handle 16 ques- newspaper, on behalf of the administra- Washington, DC, June 15, 2011. tions. As I listened to the answers I President BARACK H. OBAMA, was giving to the questions, I was tion, they said they believed this law The White House, was ‘‘advisory and not binding.’’ Washington, DC. struck by what a real problem we have The law itself states—passed by both in Washington. Washington is making DEAR PRESIDENT OBAMA: We write to urge Houses of Congress, signed into law— you to submit a legislative proposal to Con- things worse. Georgians are frightened that the President ‘‘shall’’ submit leg- gress in response to the Medicare funding for their jobs, the value of their homes, islation to Congress, not that he warning issued in the 2010 Medicare Trust- and the education of their children. ‘‘might,’’ or ‘‘if it is convenient,’’ or ‘‘if ees’ Report. Such a proposal would help pre- They are uncertain about everything. he finds time,’’ or ‘‘if it advances his vent the bankruptcy of this vital program As you give answers about what is hap- political posture leading up to the next for America’s seniors and keep the federal pening in Washington, you realize election.’’ It says he ‘‘shall’’ submit government from going further into debt. Washington is making it worse. Furthermore, such a proposal would put your legislation. I wish to give a couple of examples Administration back in compliance with fed- based on my experience. First of all, Thank goodness we live in a country eral law. where no one is above the law. We are let’s talk about legislation for a sec- Your Administration is currently in viola- a nation of laws, where the law applies tion of section 802 of P.L. 108–173, the Medi- ond. We have high unemployment—9.1 to the President of the United States care Prescription Drug, Improvement and percent. We have people without jobs and it applies to the most humble Modernization Act of 2003 (MMA). The MMA or underemployed. We have a law members of our society. required the Medicare Trustees to include in called the Workforce Investment Act Medicare is going bankrupt. Unfortu- their annual report an estimate of whether or WIA. I am on the subcommittee that nately, the voices of reform—people general fund revenues will finance more than overseas it and the Education Com- are stepping forward to try to solve 45 percent of total Medicare expenditures in mittee. We have basically had an this problem and make meaningful any of the following six years. If the Trust- agreement on expansion of the reau- ees estimate in two consecutive years that suggestions so we can actually do what the 45-percent limit will be breached within thorization for the Workforce Invest- we are supposed to do in Congress, a seven year timeframe, the Administration ment Act for months, but it still lan- which is debate ideas and come up with is then required to submit a legislative pro- guishes in committee because there are solutions, where we can have a vote posal that would address the funding crisis arguments over labor provisions that and we can send legislation to the within 15 days of submitting its annual budg- some want to be added to it. President and he can sign it or not. et proposal to Congress. Here we are, a nation in trouble, and That is the way the process is designed The Medicare Trustees have complied with we cannot pass the Workforce Invest- to work, but so far the voices missing federal law and have issued funding warnings ment Act, which is intended to help the from the reform debate are those of our every year since 2007. In 2008, the Bush Ad- very problem we have. friends on the other side of the aisle. ministration, in compliance with Section 802 Secondly, I am on the Health, Edu- There is no House Democratic plan to of the MMA, submitted a legislative proposal cation, Labor, and Pension Committee, to Congress, which was never acted upon. save Medicare. There is no Senate Your Administration, however, has failed to which does the reauthorization of the Democratic plan to save Medicare. submit such a proposal for the last three Elementary and Secondary Education There is no plan for President Obama years. Act—the fundamental foundation of to save Medicare. Unfortunately, their This not only defies federal law but also training and improving our kids for the plan appears to be not to step up and abdicates your Administration’s responsi- jobs of the 21st century. It has gone 4 do what the law requires, to offer a bility to lead. As you know, mandatory years without reauthorization, and it proposal to save Medicare but, rather, spending is currently projected to grow at an languishes in committee because of a to try to take a cynical political ad- average of 5.4 percent per year over the next lack of willingness to bring it forward. vantage leading up to the next election 10 years, growing from $2 trillion in 2012 to Our children remain educated and by attacking the very people who are $3.3 trillion by 2021. The largest claim on the taught and motivated under a law now budget over the next 75 years is Medicare, es- making constructive proposals. timated at $35 trillion. expired for 5 years. That is not right, No one suggests that any single pro- when we should be educating our chil- We ask you to comply with the law and posal is perfect. The Ryan plan is not submit to Congress the Administration’s leg- dren and training workers. perfect. The Domenici-Rivlin plan of- islative proposal addressing the Medicare We in Washington are doing nothing. fers a different approach. The Presi- funding warning included in the 2010 Annual On the Commerce Committee, on dent’s own fiscal commission’s report Report of the Boards of Trustees of the Fed- which I serve, we are over the FAA

VerDate Mar 15 2010 03:01 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.032 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3803 committee and reauthorization of the word ‘‘water,’’ in terms of the Clean The questions I heard last night dur- Federal Aviation Administration, Water Act, so the government doesn’t ing my tele-townhall meeting made it which is critical to economic develop- regulate just navigable waters but clear to me Washington is making ment. That conference committee con- every water. things worse. The American people tinues to languish. What are the argu- Credit. Credit is becoming non- want to be confident that we will ad- ments? They are about changes in existent for Main Street. I am a small dress the debt and the deficit problem; labor law. business guy. I was in a small business that we are working on it and not that We need to get the job done in Wash- in Georgia for 33 years. A lot of small we are putting it off to a drop-dead ington and go to work. We need to un- businesspeople use their credit cards to date and then play chicken politics in derstand that the American people are manage their cash flow over time. Be- the Senate. in trouble and are hurting. Our job is cause of the credit bill passed a couple People don’t mind regulation that is to provide answers, not to make it years ago, they don’t have the flexi- fair, but they do mind regulation that worse. bility to do that anymore. Bank credit is suppressive and that suppresses jobs. I wish to talk about a second fea- is suspended primarily because banks They don’t mind having legislation de- ture—about regulation for a second—or are being run by the FDIC under cease bated in Washington on the floor of the strangulation, if you will. I have told and desist orders or, if they are extend- Senate, one way or another depending this story before on the Senator floor, ing credit alone, they are extending it on your position, but to leave it lan- and I will tell it again. On January 3 of to the extent that a borrower can put guishing in committees and not even this year, I was in a cafe for breakfast that much money in the bank. When bringing it up is not right. So my chal- and to meet with some businessmen. I you constrict credit, you suppress lenge—for me and for every Member of walked in the front door and Steve small business. When you suppress the Senate, and for this administration Hennessy of Hennessy Cadillac and small business, you suppress 72 percent and for the President—is for us to lead. Land Rover in Atlanta called to me of the employment in the United We have a clock winding down on a and came running across the floor. I States. debt ceiling increase that will be im- thought he was going to give me a bear I commend Senator CORKER for his portant for this country. But without remarks about an hour ago on the floor hug, but he said: JOHNNY, yesterday, I substantial reform of the way we do fired a salesman and hired two compli- of the Senate because he focused on the our business and a game plan for a big problem we have; that is, debt and ance officers. This financial regulation downpayment on our debt and deficit, deficits. It is kind of disappointing to in the Dodd-Frank bill is strangling my and without an indication we are going me we have spent more time on the productivity and raising my cost of to work together and have shared sac- SBA act, which has been pulled now— doing business. rifice, there is nothing at all we can do We have to recognize that regulation it was on the floor the beginning of last in this government except cause things has consequences. It is not our job to month—than we have spent on all the to be worse. I don’t want to be a part appropriations bills in the last 3 years eliminate risk in the marketplace. It is of that. of this Congress. We debated amend- our job to mitigate risk so people will My last comment is this: I was 39 ments, we protracted the debate but take risks, in terms of seeking rewards, years old in 1983. A report was put out still nothing happened. We ought to be which is what the capitalistic system by the board of the Social Security Ad- talking about debt reduction, about is based on. ministration saying it was going broke I will talk about a few other regula- deficit reduction, and a long-term plan, in 2004. President Reagan and Tip tions that are causing significant prob- over time, to amortize the debt of this O’Neill got together and said: We can’t lems in our recovery. The qualified res- country to a reasonable level. let that happen. We have a debt ceiling vote that is idential mortgage rule that is being President Reagan said: I don’t want confronting us, and I have heard the promulgated now by the six regulators it to go broke, but I am not going to political statements made by people in will, if it goes into effect on August 1— raise the tax. both parties that there is a game of Tip O’Neill said: I don’t want it to go and they have put the effective date off chicken being played right now, with broke, but I am not going to cut the now—probably constrict the real estate some saying we are going to push it benefit. market, which is already suppressed by right up to August 2 and force a vote. They went to the actuaries and said: 70 percent, by another 40 percent. It is If we don’t get it, we will run the risk What do we do? going to take capital and risk capital of America’s credit going up in cost The actuaries said: Put out the eligi- and credit away from the Americans and uncertainty happening. Others are bility. who are, in fact, buying homes today. saying we are not going to do anything So they changed the law and said if In fact, in order to mitigate risk and on a debt ceiling increase period until you are an American born after 1943 try to eliminate it, it requires lenders we have to at the last minute. you can’t get Social Security at 65; you to hold a 5-percent risk retention until That is not the way to run a busi- have to wait until you are 66. I am 66. the loan matures. It says you cannot ness. That is not the way to expand They put my Social Security off a loan anybody less than 80 percent— credit. That is not the way to run a year. I didn’t miss it. They also made more than 80 percent, and if you have country. We ought to be sitting down Social Security actuarially sound until anything more than that, you cannot at the kitchen table of Washington, 2050. Only in the last 2 years has that even have a private mortgage insur- DC, in the Senate reprioritizing the date come down, and it has come down ance policy to guarantee the money. So way we spend money to begin to rein in because of unemployed Americans at you are going to flood every buyer left our expenditures, lower our deficit and age 62 taking discounted early Social to where? Through FHA, which is ex- lower our debt. Security and putting more pressure on empt from the Dodd-Frank bill, or I bet in the last couple of years every the system. Fannie Mae and Freddie Mac, which family in America, as every family in We could fix Social Security tomor- are going out of business, which means Georgia, has had to sit around their row just like they did in 1983 and not you will shift more of the burden of kitchen table and reprioritize their ex- take a penny away from anybody. We mortgage financing on people who are penditures. Things have changed. Their could move the eligibility out to be already overstressed. nest egg may have shrunk. Their eq- more reflective of life expectancy. I Regulatory intent should not do that. uity may be suppressed. Their job may know Medicare is the big political foot- My dairy farmers in Georgia are look- be in trouble. We have all had to do it. ball and everyone wants to say the Re- ing at a rule where milk is being cat- I have had to do it. Almost everybody publicans are trying to kill Medicare, egorized where it is going to have to be in America has had to do that. Why and the Democrats love to say they are contained in tanks and reservoirs that doesn’t the government do it? At a cri- trying to protect it. Heck, I want to now meet the standards of petroleum. sis moment of $14 trillion in debt, with protect it. I have nine grandchildren. That is higher investment and no addi- no ceiling above it; with a deficit of The rest of my life is about those tional profit for the country. That is $1.5 trillion, $300 billion more than dis- grandchildren. I want to see to it they protracted. Water—the EPA wants to cretionary spending, why aren’t we sit- have a country that is as free, as pro- take ‘‘navigable’’ from in front of the ting around that kitchen table? ductive, and safe, and that the benefits

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.033 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3804 CONGRESSIONAL RECORD — SENATE June 15, 2011 are there for them that have been there If we think the United States has the re- what our allies are contributing to the for me. It is important we save Medi- sponsibility to go into all these civil con- efforts in Afghanistan. As part of the care, but we can’t save it by looking flicts, we are going to dissipate our resources International Security Assistance the other way or by taking it off the and we’re going to place a heavy burden on Force, which is the command in charge our taxpayers. table. We can’t demonize a Democrat of operations in Afghanistan, the or a Republican for making a construc- Today, after years of involvement United States is contributing 70 per- tive decision to save Medicare. with NATO-led operations in the Bal- cent of the total force, with 46 nations Instead of trying to make it the po- kans, our forces are still a major com- contributing the remaining 30 percent. litical issue of the 2012 election, we ponent of the NATO Kosovo force, and As we review the landscape of Amer- should make it the personal issue of we are still contributing approximately ican military commitments overseas, each Senator. We should sit around 800 troops to that effort. let me emphasize that with U.S. forces that kitchen table, work together, and In fact, of the 22 nations now in deployed in Iraq and Afghanistan we NATO contributing troops in Kosovo, try to find a meaningful solution to a should not also be participating in such the United States military makes up problem that saves Medicare for future a major way in an open-ended conflict approximately 13 percent of the total generations, and also doesn’t cause an in Libya, where we have no clear, vital force. As far as cost is concerned, the escalation in our debt and deficit. We national security interests. Moreover, I U.S. taxpayer is still footing a very are capable of doing it, but we have not believe our NATO allies who do have a large bill for our presence in Kosovo. In demonstrated a will to do it. vital interest in Libya should be will- fiscal year 2010, the President asked for I challenge my colleagues to do the ing to play a lead role in terms of fund- $252 million to pay for operations in same thing, and I challenge my col- ing as well as military resources. The Kosovo. In fiscal year 2011 it was $312 leagues to do one other thing—to hold fact is, NATO and the Arab League a tele-townhall in the next couple of million. Now as part of the fiscal year 2012 Overseas Contingency Operations should be shouldering the brunt of the weeks. Talk to 3,500 of the citizens in military and financial burdens associ- your State and listen to the questions Transfer Fund, the President is asking for $254 million. ated with Operation Unified Protector, they are asking. They are scared, they just as we are doing in Afghanistan, are worried, and they feel threatened, With this example in mind, I am now deeply concerned that we appear to be and have been doing in Iraq. and Washington is making it worse. If we had all members of NATO con- Madam President, I yield the floor, in the same position again, this time with NATO in Libya. On March 31, tributing proportionately to the mis- and I suggest the absence of a quorum. sion in Libya and also had the Arab The PRESIDING OFFICER (Mrs. NATO assumed command and control of operation Unified Protector, and was League providing comparable financial HAGAN). The clerk will call the roll. and military assistance, the over- The bill clerk proceeded to call the thereafter responsible for enforcing the whelming commitment of our own U.S. roll. no-fly zone over Libya. With this trans- Mrs. HUTCHISON. Madam President, fer of authority and responsibility from forces would be lessened to a manage- I ask unanimous consent the order for the United States to NATO, there was able degree. I am frustrated that our the quorum call be rescinded. also an implicit understanding that all NATO allies continue to contribute The PRESIDING OFFICER. Without of NATO member states would be ex- such a small amount of resources for objection, it is so ordered. pected to dedicate the necessary re- operations that are in the vital inter- est of many NATO member states. In f sources to adequately enforce U.N. Res- olutions 1970 and 1973. However, almost Libya, I believe if the U.S. military NATO immediately after taking command, were to stop providing to our allies our Mrs. HUTCHISON. Madam President, NATO requested a 48-hour extension of unique military capabilities, NATO op- I rise today to voice concern about the support from American fighter air- erations for both the no-fly zone as current state of the North Atlantic craft. This request for continued sup- well as the civilian protection mission Treaty Organization. In 1949, more port from American air assets seemed would be seriously degraded and could than 60 years ago, the United States to be at odds with the President’s terminate. joined with 11 other nations to create statement that coalition forces would How have we arrived at this unfortu- the North Atlantic Treaty Organiza- be able to keep up the pressure on Qa- nate state of affairs? Why is it that tion, NATO, in order to ensure the mu- dhafi’s forces. So, once again, our Na- NATO nations are unwilling and unable tual security of the member nations. tion is called upon to provide a large to effectively operate against a weak From the beginning, the United States share of the resources and funding for and isolated nation such as Libya with- has served as NATO’s backbone and another NATO mission that is not in out significant military contributions provided a major share of the cost in the vital security interests of the from the United States? One reason we manpower and resources. We have con- United States. are in this position is because many sistently answered the call of our Indeed, Secretary of Defense Roberts NATO members are not contributing NATO allies when they needed us, even Gates stated on April 21 at a DOD press enough of their gross domestic product when there was no clear United States conference that ‘‘while it is not a vital to defense. Instead, many NATO mem- interest involved. interest for us, our allies considered it bers simply look to the United States For example, in 1993 the U.S. mili- is a vital interest. And just as they and the American taxpayer to pay for tary answered the call to participate in have helped us in Afghanistan, we any gaps in defense capabilities. Be- the NATO air action to enforce a U.N. thought it important, the President cause many NATO nations do not in- ban on all unauthorized military thought it was important, to help them vest strategically in their military ca- flights over Bosnia and Herzegovina. in Libya.’’ pabilities, they are heavily dependent After the Dayton Peace Accords in We are now on track to spend more on the United States to pay for ad- 1995, the United States stationed over than $800 million of U.S. taxpayer vanced equipment such as intelligence, 10,000 personnel in support of peace- money this fiscal year on operations reconnaissance, and surveillance plat- keeping missions in Bosnia. For the involving Libya. I ask, with significant forms to support their NATO oper- following 9 years we continued to re- concern, how are these operations ations. tain a large number of forces there. going to be paid for? Where is DOD I agree with Secretary Gates’ recent In 1999 the United States again planning to get the extra almost $1 bil- assessment, that NATO is turning into stepped up and provided a major share lion to spend on this operation? What a two-tiered alliance in which very few of the military resources for operations programs will need to be cut to fund members except for the United States in Kosovo. At that time I argued that this third operation in which we are take on the hard power combat assign- we were assuming too many commit- now involved: Iraq, Afghanistan, and ments. Instead, the majority of the ments in areas of the world where our Libya? Will the President be submit- NATO partners limit themselves to own interests were vague. When Presi- ting a supplemental appropriations bill soft power work such as delivering hu- dent Clinton announced that he in- on Libya? manitarian aid. Indeed, of the 28 NATO tended to send 4,000 U.S. troops for With the example of Libya in our members, only 5—the United States, peacekeeping in Kosovo, I said: minds, let us be clear as to exactly the United Kingdom, France, Greece,

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.035 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3805 and Albania—exceed the agreed-upon of the United States. The American world. We need to maintain that ratio of 2 percent of gross domestic taxpayer can no longer afford to write strength with an alliance that accepts product to be spent on defense. endless checks for NATO operations. It its responsibility for burden sharing. Two decades after the collapse of the is time for our allies to shoulder their Where we are required to lead and are Berlin Wall, the U.S. share of NATO de- responsibilities and reduce their de- uniquely capable we will do so but we fense spending has now risen astound- pendence on U.S. military forces. cannot allow ourselves to be contin- ingly to more than 75 percent. Sec- We want to maintain our military ually placed in the position where retary Gates put all of our efforts strength. We have the greatest mili- these contingencies drag down our ca- under NATO alliance operations to- tary in the world. There is no doubt pabilities for the future. gether at 75 percent. We are all aware about that. But to keep our military So I applaud Secretary Gates for that the United States is facing very strong, we cannot over-deploy our starting this dialogue in earnest. We hard and real serious fiscal constraints. forces. I have talked to people who have talked about it for a long time— Hence it is clear that we can no longer have been to Afghanistan six times on for years, actually. We have talked to continue to pay for the vast majority rotations—six times. Most of our peo- our NATO allies about stepping up to of NATO operations that are not in the ple who have gone to Afghanistan have the plate. Even in good financial times vital security interests of our Nation. gone more than once, and that is fol- that didn’t happen but for a few. I will It is time for the United States to ask lowing all of the time they have been say that Great Britain has always been our allies to step up and keep the to Iraq as well. We must keep our mili- there, and we have had other strong al- agreement they made when they be- tary strong by not overburdening them liances, including Australia—not in came part of NATO, or for the United because our allies are not doing their NATO but certainly a strong ally. Can- States to consider reducing our spend- share and supplying the troops they ada is also a strong ally, but it is time ing level that we now provide to NATO agreed to provide when they became for us to reassess our contributions in and also move to redeploy a large por- members of NATO. For us to keep the NATO to preserve our strength so that tion of our military presence in Europe strength we have, or to handle the big we are there and prepared for major op- back to the United States. operations where we have the unique erations, which is in all of our inter- I have spoken on the floor many capabilities, we must be smarter about ests. times about my concerns for maintain- allocating and sharing the responsibil- Thank you, Madam President. I sug- ing such a large military presence in ities. We can continue to lead and take gest the absence of a quorum. Europe and I will continue to fight for the biggest share, but not 75 percent of The PRESIDING OFFICER. The spending cuts to a largely unnecessary the share and continue to remain clerk will call the roll. and expensive U.S. military presence strong, especially with the financial The legislative clerk proceeded to on the European continent. It was de- constraints we have today. call the roll. cided in the last administration to cut We are in the midst of negotiating Mrs. HAGAN. Mr. President, I ask back to two brigade combat teams in how we can lower our deficit so we unanimous consent that the order for Europe, in Germany. We have now had don’t hit that $14 trillion debt ceiling the quorum call be rescinded. the two be expanded to four. The other without a plan for bringing down the The PRESIDING OFFICER (Mr. two are now in limbo. So there are now deficit so we will never have to lift WHITEHOUSE). Without objection, it is four brigade combat teams in Europe. that debt ceiling again. So it is in ev- so ordered. Two were supposed to move back to the eryone’s interests for our allies to step f United States and the military con- up to the plate. They made agree- struction to house at least one of those ments. It used to be a 3-percent gross EXTENSION OF MORNING has been done at a cost of over 400 mil- domestic product commitment that BUSINESS lion taxpayer dollars. So we have the was required for NATO. Now we are Mrs. HAGAN. Mr. President, I ask capability to bring home troops, tax- talking 2 percent, and only five coun- unanimous consent that the period for payers have spent $400 million in pur- tries—only five countries—meet that morning business be extended until 6 suit of that, the barracks sit empty, test. That is not a sustainable alliance. p.m., with Senators permitted to speak and we still have four brigade combat If we allow them to drag down their for up to 10 minutes each. teams in Europe, in Germany. strongest member, it will not be in the The PRESIDING OFFICER. Is there Unfortunately, here is the message interests of anyone if something big objection? we are sending to our European allies happens that requires an immediate Without objection, it is so ordered. by that military presence, and by our and robust response. Mrs. HAGAN. I suggest the absence operations in support of NATO, that So I appreciate that Secretary Gates, of a quorum. American taxpayers are willing and in his final days in office has talked The PRESIDING OFFICER. The able to shoulder the burden for their very straight to our NATO allies. I clerk will call the roll. defense, and that there are apparently hope they are listening, and I hope The assistant legislative clerk pro- no consequences if the Europeans fail they are prepared to act. Yes, they ceeded to call the roll. to do their fair share. have financial constraints too; we un- Mr. INHOFE. Mr. President, I ask We need to change that message. We derstand that. But it is time the bur- unanimous consent that the order for need to make our Nation’s current fi- den be shared. It is time we have a real the quorum call be rescinded. nancial difficulties a priority. Our mes- alliance in which we remain strong so The PRESIDING OFFICER. Without sage should be that NATO has been a we maintain the strength to respond to objection, it is so ordered. valuable alliance for 60 years, and it the big emergencies when we are f can be in the future, with a concerted called. Being dragged down by smaller effort by our allies to share the burden. contingencies that can be handled by UNANIMOUS CONSENT REQUEST— That means truly sharing. The United others, whether it is Kosovo or Libya— S. 782 States should lead when and where our and, certainly, we also are concerned Mr. INHOFE. Mr. President, I am capabilities are essential. We do have about the situation in Syria and going to wait until the Senator from Il- vast capabilities. When they are essen- Yemen—we can let others be in the linois arrives before making a motion, tial we have shown we will always be lead in those areas so that when the but I wish to explain what I am going there. But others can lead where they big things happen—such as Afghani- to do. I am going to make a motion have the capability to do so, and they stan which will continue to require our when he does arrive. need to do it with personnel and with commitment—those major efforts can I have an amendment. First of all, the appropriate level of funding. be led by the United States with our being the ranking member of the Envi- The complacency of our allies is in- unique capabilities and our commit- ronment and Public Works Committee, creasingly a threat to our national se- ment. I have more than just a passive inter- curity for we are shouldering more and Our military remains the best in the est in this EDA bill. But one of the more of the burden, even where our in- world. Our equipment is the best in the things I have been trying to do is get volvement is not in the vital interests world. Our training is the best in the people to understand we have all these

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.036 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3806 CONGRESSIONAL RECORD — SENATE June 15, 2011 amendments, and a lot of these amend- has done so well in my State of Okla- back in 1995, back when President Clin- ments have nothing to do with the Eco- homa. We had one project in Elgin, ton was in office, going down to the nomic Development Administration. OK—a very small community adjacent floor and complaining because he had a They have to do with everything else to the live range at Fort Sill—for a budget to run the entire country of $1.5 that is out there. In fact, I am guilty of $2.25 million EDA grant. They ended up trillion. Well, the deficit alone in the the same thing. I have, I think, five un- planning to construct a 150,000-square last budget we have had here, as pre- related amendments. They are all good foot building that would employ—the scribed by the President, has exceeded stuff, things I wish to get through, and numbers were almost the entire popu- the amount it took to run the country that seems to be what this bill is all lation of Elgin, OK. It is something during that period of time. about. that would revive that part of the I see the Senator from Illinois is But under all these amendments State. The southern part of the State here. I would say to my good friend there is a bill and there is a reason for of Oklahoma and the south central from Illinois, what I am doing here is I introducing it. It is a foregone conclu- part have historically been an area am going to attempt now—and it will sion—I think we all understand if we that is somewhat impoverished, and be objected to, and I understand that were to pass the EDA bill out of here in through these EDA grants we have because we are not on the bill yet—I any form similar to the way it was in- done a good job. am going to continue to attempt to troduced, it would never pass the The good thing about EDA grants is have an accountability amendment House, and that would be a done deal. they require a lot of local participa- that takes the EDA process and sub- What I am going to attempt to do tion. Generally, it is through the city jects it to a competitive award process, is—I am going to attempt today and funds, the State funds, and the county along with oversight by the GAO and tomorrow and however long it takes— funds, and then an equal amount or a by our committee and by the T&I Com- to get an amendment in there that is greater amount from the private sec- mittee in the House of Representatives. going to provide oversight authority by tor. I think it is something that would the GAO. Through the audits and as- In my State of Oklahoma, the grants make—frankly, if we do not do it, in sessments, the GAO can ensure that are usually about one to nine in terms my opinion, there would be no way in the EDA grants are distributed, and of public participation. So the program the world that the House of Represent- put some spending discipline in there, is good. I am the first one to admit, atives would pass it. This offers dis- such as through a competitive award however, it may not work the same cipline to it. I will go so far as to say process—it is all drafted in the amend- way in every State. I can only say what that if we are not able to pass this ment; by the way, the amendment is our experience has been in Oklahoma. amendment, to have accountability, I No. 459—and in accordance with the What I am going to suggest with this will probably end up voting against the EDA criteria and requirements. amendment is something we are doing bill if it comes up for a vote. Additionally, the GAO would submit anyway in Oklahoma. We are going So with that in mind, I ask unani- a report every year to the Senate Envi- through a competitive award process. mous consent that it be in order to re- ronment and Public Works Committee That is a process that everyone under- sume consideration of S. 782 so that I and the House T&I Committee, Trans- stands. It is one that is all outlined in can call up my amendment No. 459 portation and Infrastructure Com- our rules. We know what they have to which is at the desk. mittee, to have efficiency assured. go through for competition. Then it is The PRESIDING OFFICER. The Sen- What we are doing here is, instead of in accordance with the criteria. ator from Illinois. having a jump ball and saying we are The criteria is very important. One Mr. DURBIN. Mr. President, reserv- going to do any kind of an EDA pro- of these days we are going to get ing the right to object, what I am gram that we can sell through the ad- around to a transportation reauthor- about to say is no reflection on the ministration, we will actually have dis- ization bill that will come out of my Senator from Oklahoma nor the merits cipline in there so it will have to be, same committee. The last one we had of his amendment. We have almost 100 first of all, gone over with the Govern- was in 2005. Since then, that has run amendments filed and 17 pending, and ment Accountability Office. Then, out, and we are going kind of month to the majority leader has asked that we after that, it is not over because it has month. We have a dire need for infra- at least reflect on those filed and set to come back to both committees in structure in America with the roads, our schedule accordingly. I am not say- the House and the Senate. And, of highways, and bridges. It is something ing this will not be considered, but at course, I am the ranking member, and we have fallen behind on, and we are the moment we are going to object to by the time that gets started, I may going to be getting to that. the offering of additional amendments. end up being the chairman, if it is after The reason our 2005 bill was so suc- So I do object. the next election. But you never know cessful in infrastructure for transpor- The PRESIDING OFFICER. Objec- those things. So we would be able to tation in the reauthorization bill is be- tion is heard. Mr. INHOFE. Mr. President, I suggest look at it again. cause we had a formula. The formula the absence of a quorum. The purpose of the amendment is to took into consideration money to be The PRESIDING OFFICER. The make certain that grant recipients are spent on bridges and roads and high- clerk will call the roll. determined based on competitive pro- ways, State by State, with such factors The assistant legislative clerk pro- cedures and to create more account- as to the fatalities in that State, the ceeded to call the roll. ability for the EDA. Overall, I think number of road lanes, miles, and all Mr. BROWN of Ohio. Mr. President, I Washington bureaucrats should not be this criteria. When we got through es- ask unanimous consent that the order picking winners and losers but, in- tablishing the criteria in 2005, it must for the quorum call be rescinded. stead, rely on a formula and strict have been good because nobody liked The PRESIDING OFFICER. Without rules to determine where agency dol- it. If it was something that upset ev- objection, it is so ordered. lars flow. eryone, then, obviously, it was one f I know we are not on the bill now. We that was pretty good, and we passed it. are still in morning business. I under- That was a $284.6 billion reauthoriza- TRADE AGREEMENTS stand we are going to go back on the tion bill. We should be able to do some- Mr. BROWN of Ohio. Mr. President, bill at 6 o’clock this evening. But I thing comparable now. while it is important to address the have to get a request in that my You might say, everyone is goosey Federal budget deficit, too many Wash- amendment be—at that time, I am about spending money nowadays. And ington politicians have turned a blind going to ask that the pending amend- that is understandable with the defi- eye to the U.S. trade deficit. Working ment be set aside for consideration of cits. President Obama’s three budgets families in Ohio and our Nation’s man- amendment No. 459, which I have just have suggested and have put into effect ufacturers haven’t forgotten about the described. $5 trillion of deficit—not debt but def- devastating effects of our ballooning I think the chief complaint about icit. trade deficit. some of the EDA process—by the way, This last budget was around a little How much bigger does our trade def- I have to say about the EDA process, it over $2.5 trillion. And I can remember icit need to get before Washington

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.038 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3807 wakes up and realizes we need a very knowledging, then, that when we pass say: This agreement is expected to sup- different direction in trade? Let’s put these trade agreements, it is costing us port—whatever that means—70,000 jobs. American workers and American busi- jobs. Why would we do that? But let’s do the math. The Congres- nesses first for a change. Let’s focus on Because of that, Senator CASEY and I sional Budget Office said the cost of enforcing existing trade laws and help- want a clean vote on TAA and a trade this trade agreement—yes, this trade ing workers retrain for new jobs. Let’s enforcement package, and we want to agreement costs money because we lose not pursue more of the same style of work with our colleagues to shape this a lot of money in tariffs—is $7 billion trade agreements that have wreaked package. over 10 years. That means if we are havoc on our economy. That is really For the Korea Free Trade Agree- going to support—not create but sup- what the debate over the Korea trade ment, I have two concerns. The first is port—70,000 jobs, and spend $7 billion to agreement and the Panama and the Co- jobs—always jobs in these trade agree- do it, the agreement costs about lombia Free Trade Agreements is all ments. Ever since I have been in either $100,000 for every job supported—again, about. the House or the Senate, every time not created but every job supported. Two weeks ago, Senator CASEY and I there is a trade agreement—whether it This trade pact has unusually low wrote a letter to the President, which is the North American Free Trade rules of origin, allowing goods from 43 other Senators signed—in fact, it Agreement in 1993, PNTR with China— Korea that are made with up to 65 per- was signed by the Presiding Officer, the although not a trade agreement but al- cent of their parts from China or other Senator from Rhode Island—affirming lowing China into the World Trade Or- countries. When the European Union his decision to pass trade adjustment ganization—or 2004 or 2005, if I remem- negotiated their Korea Free Trade assistance for workers before pro- ber right, when the Central American Agreement, they had domestic content ceeding to the trade agreements with Free Trade Agreement passed the Con- rules of 55 percent, meaning that 55 Colombia, Panama, and South Korea. gress, and now with Korea—the people percent of the components in a product Our position on TAA has been con- behind these trade agreements have had to come from South Korea. sistent since we asked unanimous con- talked about all the jobs they will cre- The Obama administration improved sent to pass TAA in late 2010. We need ate. They tell us: Well, we are going to this over the Bush agreement, but only a long-term reauthorization regardless close our trade deficit because of these marginally, by saying only 35 percent of what we do on these free-trade trade agreements. Never does that hap- has to come from Korea. That means 65 agreements. pen. percent or two-thirds of the added Senator CASEY and I stood on this When we passed NAFTA, we had a value of the components of these prod- floor time after time, starting in De- trade surplus with Mexico. Today, as ucts shipped from Korea, with basically cember and into January and Feb- Senator CASEY pointed out, we have a no tariffs coming to the United States, ruary, asking all of our colleagues to $90 billion trade deficit with Mexico. can come from China or can come from reauthorize, to extend trade adjust- When PNTR passed, my recollection a low-wage country with low or weak ment assistance to those workers who from 12 years ago was that we had environmental laws and low worker lose their jobs through no fault of their about a $10 billion or $12 billion trade standards and all of that. So it allows own; they lose their jobs because of deficit with China. Now our annual a back door for countries such as China trade agreements this Congress passes trade deficit with China is $273 bil- to gain even more access to the Amer- and because of a trade policy this ad- lion—last year. This year, in 1 month ican market. ministration and Congress has fol- it was $21 billion. We all recognize that we live in a lowed. We are likely facing a situation So, it is pretty clear the promises world with global supply chains. But in which TAA, unfortunately, is being made with regard to these trade agree- this low domestic content threshold of linked with the free-trade agreements. ments and the reality that exists are 35 percent will clearly hurt American If and when a deal is reached, we will different things. They do not create manufacturers over the long term. So examine both its contents and the jobs, they do not close our trade def- let’s be clear. This is not just a Korea process in moving it forward. But when icit, yet the promises continue. So my Free Trade Agreement, it is effectively it comes to American workers, we want first problem with the Korea Free a global free-trade agreement. at least a 5-year reauthorization of Trade Agreement is jobs. Second, the Korea FTA causes me TAA, one that includes the 2009 re- The ITC—the International Trade concern because it includes what is forms and provides for an 80 percent Commission—projects the Korea FTA called the ‘‘investor-state’’ enforce- health coverage tax credit. will increase the trade deficit, espe- ment in which a corporation is empow- Time and time again a Republican cially in auto parts, transportation ered to directly challenge laws as vio- Member stood up and objected to our equipment, metal and iron, and textiles lations of a trade pact. Before the moving forward in helping American and apparel. The economy is still fac- North American Free Trade Agree- workers. I just don’t understand, how ing extreme challenges. Since Presi- ment, there was no such thing as inves- people here want to pass these trade dent Obama took office—when we were tor-state relations. That meant that a agreements knowing that workers will losing 700,000 jobs a month in January company could not sue another foreign be dislocated, that plants will close and February of 2009—we have seen government. For instance, if the Cana- down, people will lose jobs, and com- some job growth. In the last 14 months, dians were unhappy with some U.S. munities will be devastated because of we have seen manufacturing job law, the Canadian Government could the actions of this body in passing growth for the first time since 1998. So sue the U.S. Government, but a Cana- trade agreements. Yet they say, no, things are starting to turn around. But dian company couldn’t sue the U.S. they don’t want to do anything to help the last thing we do when the economy Government. So what these investor- those workers. is facing extreme challenges—the last state provisions do is to undermine That is why we believe TAA should thing we should do—is pass a trade sovereignty. It undermines what we be separate from the free-trade agree- agreement of this magnitude with its have done in this body. ments. I ask my colleagues—especially short-term and long-term effects on We fight in this body for strong clean those who call the free-trade agree- jobs. air laws and strong environmental ments with Korea and Panama and Co- Finally, we have an administration rules and strong pure food laws and lombia, the same people who called that is being a little more truthful strong consumer protections. Under NAFTA and CAFTA and PNTR with when it comes to promises about these the investor-state relations, a company China job creators—if that is the case, trade agreements. As I said, during the in Korea could sue the U.S. Govern- what sort of message does it send about NAFTA timeframe, we had President ment for those kinds of strong environ- these trade agreements if they must be George H.W. Bush, and then President mental workforce safety or food safety linked to assistance for displaced Clinton, who said it would provide all laws. We don’t want to give a company workers? They are saying the only way these jobs—200,000 jobs, I think one of in another country the standing to un- they want to do TAA is to connect it to them said. But this time, at least, the dermine our sovereignty on laws that Korea or connect it to Colombia or administration is not saying they ex- were democratically attained in this connect it to Panama. They are ac- pect this is going to create jobs. They country.

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.040 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3808 CONGRESSIONAL RECORD — SENATE June 15, 2011 This mechanism is not necessary for This comes from a Nobel Prize-win- accountable for their crimes. Now more a pact between two countries with ning economist, somebody who has in than ever, it is critical that the House well-established rules of law. We didn’t the past been supportive of these free- pass this noncontroversial legislation. do that in the U.S.-Australia Free trade agreements, believing that they A recent E. coli outbreak in Ger- Trade Agreement. It did not include have created jobs. He realizes Korea many—identified by scientists as a these investor-state provisions. Why won’t create jobs. Beginning to enforce new, deadly strain of the bacteria—has would we do it now with Korea, which our trade laws is the way to go. killed at least 35 people and spread to is also a country that operates under a I will close with this. Some years 10 countries. Thankfully, this par- rule of law? ago, President Bush said that for every ticular outbreak has not yet hit the One more reason this Korea Free billion-dollar trade surplus or every United States, but this tragedy, on the Trade Agreement undermines our sov- billion-dollar trade deficit a country heels of several major outbreaks in the ereignty, weakens our environmental has, it translates into 13,000 jobs. In United States in recent years, high- laws, weakens our food safety laws, and other words, if we have a trade deficit lights the importance of ensuring that dilutes what we stand for in the Amer- with China of $1 billion, that would we take every step to protect our food ican values we hold so dear is about mean we are selling to them $1 billion supply. The Food Safety Account- jobs, and it is about these investor- less than we are buying from them, and ability Act promotes more account- state provisions which undermine our the manufacture of those products we ability for food suppliers by increasing sovereignty. buy versus the ones we manufacture the sentences that prosecutors can seek for people who violate our food Before pursuing more of the same and sell is a net loss to the United safety laws in those cases where there style of trade agreements that caused States of 13,000 jobs. So for every $1 bil- is conscious or reckless disregard of a our trade deficit to balloon to more lion trade surplus or trade deficit, it risk of death or serious bodily injury. translates into 13,000 jobs for that than $600 billion, why not focus on en- Current statutes do not provide suffi- forcing existing trade laws? We know country. cient criminal sanctions for those who The trade deficit with China last some things we ought to be doing be- knowingly violate our food safety laws. year was $273 billion. The trade deficit fore we look at passing new trade Knowingly distributing adulterated agreements. We need to better enforce we have with the entire world, the so- food is already illegal, but it is in most trade laws. We have done that. called multilateral trade deficit, was cases merely a misdemeanor right now, President Obama, to his credit—and $634 billion. and the Sentencing Commission has again, I don’t agree with him on these Mr. President, travel my State. Trav- found that it generally does not result trade agreements. I think he is wrong. el this country. See the kinds of manu- in jail time. The fines and recalls that But to his credit, more than any Presi- facturing job loss we have had. We have usually result from criminal violations dent I think in at least 25 years, Presi- lost manufacturing jobs from 1998, the under current law fall short in pro- dent Obama has begun to enforce some last 2 years of the Clinton administra- tecting the public from harmful prod- trade rules. He enforced on oil country tion, all 8 years of the Bush adminis- ucts. Too often, those who are willing tubular steel. His decision created hun- tration, and the first year and a half of to endanger our American citizens in dreds of jobs in Youngstown and Lo- the Obama administration. We were pursuit of profits view such fines or re- rain, OH. His decision on Chinese tires losing manufacturing jobs through calls as merely the cost of doing busi- created hundreds of jobs in Findlay, that whole process. Now we are start- ness. OH, and other places around the State ing to gain manufacturing jobs, but we Last summer, a salmonella outbreak in tire-building. His and the Commerce can’t continue to gain manufacturing caused hundreds of people to fall ill and Department’s decision on the Chinese jobs when we pass free-trade agree- triggered a national egg recall. Sal- gaming the system on coated paper, an ments that clearly cause more compa- monella poisoning is all too common industry that still exists in this coun- nies to shut down in our country and and sometimes results from inexcus- try—not what it used to be, but it more of those companies to move able, knowing conduct like that care- meant jobs in southwest Ohio and all abroad. fully targeted by the Food Safety Ac- over my State and all over States The Korea Free Trade Agreement is a countability Act. The company respon- where paper is still manufactured in bad idea. It is imperative that we do sible for the eggs at the root of the last this country. what the President has said we should summer’s salmonella crisis had a long Another thing we should do before a do and what so many of my colleagues history of environmental, immigra- new trade agreement is we should con- have asked us to do; that is, pass trade tion, labor, and food safety violations. sider reintroducing Super 301 so that adjustment assistance with a health It is clear that fines are not enough to we have the tools to fight back when coverage tax credit for those workers protect the public and effectively deter countries such as China game the sys- who have already lost jobs from trade this unacceptable conduct. We need to tem. agreements and from trade policy. It is make sure that those who knowingly I am working with the Republican the right thing to do. It is good for our poison the food supply will go to jail. Senator from Ohio, the Republican country, it is good for our economy, This bill will significantly increase the Senator from Missouri, the Democratic and it is especially good for workers. chances that those who commit serious Senator from Missouri, and the Demo- f food safety crimes will face jail time, cratic Senator from Oregon, Chairman rather than merely a slap on the wrist. EXTENSION OF MORNING Food safety received considerable at- WYDEN of the Finance Committee’s BUSINESS subcommittee, to begin to enforce cus- tention last year, and I was pleased toms duties and make sure companies Mr. BROWN of Ohio. Mr. President, I that Congress finally passed com- in countries that evade these customs ask unanimous consent that the period prehensive food safety reforms, but our duties can no longer evade them. That for morning business be extended until work is not done. A provision almost will make a huge difference in job cre- 6:30 p.m., with Senators permitted to identical to the Food Safety Account- ation. speak for up to 10 minutes each. ability Act was passed by the House Those are the kinds of things we The PRESIDING OFFICER (Mr. BEN- with strong, bipartisan support but should be doing. NET). Without objection, it is so or- failed to make it into the final legisla- Paul Krugman, who has been a free- dered. tion that ultimately passed because of trader most of his life, a columnist for f Republican objections in the Senate. Now that the Senate has unanimously the New York Times, back in December FOOD SAFETY ACCOUNTABILITY said: passed this bill, it is again time for the ACT House to act. If you want a trade policy that helps em- Mr. LEAHY. Mr. President, in April, ployment, it has to be a policy that induces The American people should be con- other countries to run bigger deficits or the Senate unanimously passed the fident that the food they buy for their smaller surpluses. A countervailing duty of Food Safety Accountability Act. If en- families is safe. The uncertainty and Chinese exporting would be job creating acted, this important bill will hold fear caused by the current E. coli out- here; a deal with South Korea, not. criminals who poison our food supply break in Europe only reinforces the

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.041 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3809 need to pass the common sense Food temperatures, noise levels, or vibra- Department of Defense and other de- Safety Accountability Act to protect tions that can damage growing bodies. partments are spending huge amounts our own food supply. I urge the House Some children are even forced to work of U.S. taxpayer dollars in Afghani- to quickly pass the Senate bill and join such long hours that they are up for stan, it is vitally important to require us in taking this important step to- entire nights or are not allowed to re- child labor protections in our various ward protecting our food supply. turn to their own home at the end of programs and contracts in that coun- f the day. try. The ILO estimates that 115 million Starting this year, a Department of WORLD DAY AGAINST CHILD children perform hazardous work. Defense contract to provide market ac- LABOR Forty-one million of these are girls and cess to Afghan carpet makers will work Mr. HARKIN. Mr. President, I have 74 million are boys. Sixty-two million hand-in-hand with the proven come to the floor today to acknowledge are between the ages of 15 and 17, and GoodWeave certification system to as- and celebrate the World Day Against 53 million are 14 years old or younger. sure that the carpets made under this Child Labor, which was commemorated It is vitally important to get children taxpayer-funded program are not made earlier this week. out of the worst forms of child labor, with the worst forms of child labor. An estimated 215 million children including hazardous work, so they may So while there has been much across the world are still trapped in the attend school, do well in their studies, progress made, and our efforts abroad worst forms of child labor. A report and gain the knowledge and skills nec- are continuing to build success, we issued by the International Labor Or- essary to build a decent life. To this must remain vigilant, even here at ganization, ILO, in May 2010 offered end, the U.S. Government needs to ap- home. Regrettably, there are some some good news in the fight against proach the scourge of child labor in a States here in the United States that child labor. There is a decline in the holistic manner. We need to address are trying to undermine the funda- number of girls trapped in child labor. the underlying poverty that forces so mental protections we have afforded to There are fewer children doing haz- many children to forgo schooling in children for generations. For example, ardous work. We are closer than ever order to meet even their most basic the Republican-controlled legislature to universal ratification of ILO Con- needs. of Maine decided to pass a bill strip- vention 182, which prohibits the worst Fortunately, through the Depart- ping State-level child labor protec- forms of child labor. Mr. President, 173 ment of Labor, the United States has tions. Maine’s Republican Governor de- out of 192 participating nations have undertaken projects to do just that. In cided it would be better for his State to ratified this convention. Ghana, DOL is working with the ILO take a step backward because he per- However, due to the economic crisis, and the Government of Ghana to im- sonally went to work at age 11, and, as there also have been setbacks. Child plement a new, holistic program to re- he put it, ‘‘It’s not a big deal. Work labor has been increasing among boys duce child labor in the cocoa sector by doesn’t hurt anybody.’’ and in young people between the ages 70 percent by 2020. This effort has gone Well, I would like to tell you how of 15 and 17. Progress in reducing child hand-in-hand with a renewed effort by putting a job before children’s edu- labor in Sub-Saharan Africa has the international cocoa industry, cation can set them back. At a time stalled. While some people may point which has pledged $7 million in new when it seems that most new jobs re- to the global economic crisis as a cause funding to this fight. I have been per- quire high skill levels, great harm is of these setbacks, we cannot use this as sonally involved in this effort with my done by denying these children a an excuse for complacency. good friend and colleague in the House chance to acquire these skills. We need One can look at the country of Uz- of Representatives, Congressman ELIOT to be educating the next generation of bekistan to see the dire need for more ENGEL of New York. doctors, engineers, and scientists. How- action. According to School of Oriental In fact, this unified effort of the U.S. ever, the OECD shows that the United and African Studies at the University Government, the Ghanaian Govern- States has slipped to the 23rd best of London, over 2 million children are ment, and the cocoa industry recently country at science education and 31st forcibly pulled from school by govern- reviewed innovative programs proposed at math. ment officials to work in cotton fields. by the cocoa industry in support of its We are not going to catch up to other Uzbek cotton is listed as a good pro- $7 million pledge. It is my hope that countries if our children are spending duced by forced labor and child labor this approach, governments working too much time working at McDonald’s by the Department of Labor. It is listed hand-in-hand with industry and imple- or Burger King. I agree that having a on the Tier 2 Watch List in the State menting partners, can become a model part-time job after school or on week- Department’s Trafficking in Persons to combat the worst forms of child ends can be beneficial. However, stud- Report. Yet despite this clear, compel- labor worldwide. ies have shown that teenagers working ling, and thoroughly documented evi- This is just one example of many De- more than 20 hours a week have a dence of Uzbekistan’s abject failure to partment of Labor programs that are greater tendency toward academic and live up to its international commit- in progress all over the world. Another behavioral problems, as well as higher ments under ILO Convention 182, busi- such program, in Guatemala, takes at- dropout rates. The United States ness goes on as usual. Uzbekistan has risk children and provides them after- should aspire to being the country that received no sanction and continues to school activities that reinforce their outbuilds, outeducates and receive trade benefits from the United education, giving them an opportunity outinnovates. If we continue under- States under the Generalized System of for recreation and personal growth in mining our child labor laws and ne- Preference. stark contrast to the stunted prospects glecting education, we will be the The work performed by these chil- that follow from being forced to work country that outgrills, outflips and dren, stooped over to pick cotton under long hours. Another program, in La- outfries! a hot Sun, also falls under the category hore, Pakistan, has redesigned the There are even some Members of the of hazardous work. Hazardous work is looms people use to weave carpets, Senate who have questioned whether by its very nature likely to harm the eliminating hazards such as back inju- child labor laws are constitutional. Ap- health and safety of children. Haz- ries and bone deformities that have parently the protection of our most ardous work exposes children to phys- plagued children. These and other De- vulnerable children from exploitation ical, emotional, or even sexual abuse. partment of Labor projects form the isn’t part of protecting the general wel- It includes children working under- backbone of U.S. efforts to combat the fare. Apparently the Supreme Court ground in mines, underwater, at dan- worst forms of child labor. was incorrect when it unanimously gerous heights, or in confined spaces. It is not enough to do this just at the upheld the Fair Labor Standards Act 70 Children work with dangerous machin- Department of Labor though. In Af- years ago. ery, equipment, and tools. They may ghanistan, a 2006 UNICEF report esti- It is for all of these reasons that I work in in unhealthy environments, mated that one in four children be- continue the fight against the worst exposed to hazardous substances like tween the ages of 7 and 14 is subject to forms of child labor. It is also why I nicotine in tobacco fields or to extreme the worst forms of child labor. As the have come to the floor today to salute

VerDate Mar 15 2010 02:56 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.002 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3810 CONGRESSIONAL RECORD — SENATE June 15, 2011 the World Day Against Child Labor. mentioning because the IRS has al- recognize their losses more quickly But 1 day is not enough. We should be ready drafted guidance documents for than current policy, which requires focused on the needs of these children all of the relief provisions, making it them to capitalize cleanup costs into not only on June 12 each year but 365 easier for taxpayers to take advantage the construction or repair of their days a year. of the relief. We also know the provi- property. f sions in this bill will actually help peo- Small businesses will also be pro- ple recover. The relief has worked in vided with a tax credit for 40 percent of SOUTHEASTERN DISASTER TAX the past, and it will work again today. wages up to $23,400 paid to employees RELIEF ACT Any individual or business located in retained while a business is inoperable Mr. INHOFE. Mr. President, I rise a county that has been declared a because of the storm. With unemploy- today to express my support for Sen- major disaster area by the president is ment hovering around 9 percent, this ator SHELBY’s recently introduced bill, eligible for the relief provided by this provision will help struggling employ- the Southeastern Disaster Tax Relief bill if those counties are eligible for ei- ers retain and continue paying employ- Act, of which I am an original cospon- ther ‘‘individual’’ or ‘‘individual and ees despite the fact that their business sor. public’’ assistance through FEMA. have been destroyed by the storm and As an Oklahoma native, I have seen These assistance designations are al- remaining closed for business. and experienced just how devastating lowed only to the hardest hit areas. In Public utility companies in Okla- severe weather can be. Since 1950, there my State of Oklahoma, the qualifying homa and other states will be allowed have been approximately 3,300 torna- counties include Canadian, Delaware, to carry back the disaster losses to does that have killed nearly 500 people Grady, Kingfisher, Logan, McClain, and their property for 5 years. This will in Oklahoma alone. Scores more have Atoka. These are the areas around allow them to quickly realize their been injured. According to the Na- Piedmont, Tushka, and Grove, Okla- losses from a tax perspective, and the tional Oceanic and Atmospheric Ad- homa. Public assistance funds are gen- consequent savings will be available ministration, tornadoes cause $1.1 bil- erally made available to States and lo- for them to more swiftly rebuild their lion of damage on average per year, calities to help pay for the removal of infrastructure so that service can be and this does not account for the debris and to repair, replace, and re- returned to their customers. unquantifiable cost of the loss of a store disaster-damaged publicly owned Lastly, States will be allowed to loved one, a home, or a business. facilities. Individual assistance, pro- float additional private activity bonds You may recall the F5 tornado that vided through FEMA and the SBA con- beyond the caps presently set by stat- swept through Oklahoma on May 3, sists of grants and loans made directly ute. The amount will be limited by the 1999. This storm alone caused $1.9 bil- to individuals. These grants are need- number of people whose primary resi- lion in damages, killed 48 people, and based, and can be issued to provide dence is located in the areas affected destroyed the town of Moore, OK. Sur- temporary housing or to help repair or by the disasters. vivors of this storm described being replace a family’s home if their insur- The provisions I mentioned are only trapped under the debris of their ance coverage falls short. In the most a sample of what is provided in this homes, the panicked rescue effort to severe cases, additional assistance is bill. I must underscore, however, that find neighbors, and the overwhelming provided. this bill is highly targeted and tem- sadness accompanied by loss. When I While it is good FEMA provides this porary. It is also deficit neutral. Most visited Tushka, OK, on April 15 of this assistance, many individuals and busi- of the provisions in the bill only last year, following its devastating storms, nesses will not qualify despite being hit for the next year or so; others expire at I witnessed firsthand the same type of hard by the storms. And while perma- the end of 2013 and 2014. In total, this devastation. nent tax provisions do help individuals bill is expected to provide over $5 bil- It is estimated that the damage and businesses account for their losses lion in tax relief. caused by tornadoes in Oklahoma on and insurance payments, they do little This bill has been designated an May 24 of this year will cost between beyond that to help folks get back on emergency—as I believe it should be. It $200 and $300 million. In addition, the their feet. This underscores the need is targeted, temporary relief in re- storms in Joplin, MO, may have caused for the Southeastern Disaster Tax Re- sponse to an unpredictable disaster. an additional $3 billion in losses. Clear- lief Act. Usually we do not require ourselves to ly, these areas are in need of assist- Under the act, individuals would be find immediate savings to offset the ance, particularly since insurance pay- allowed, among other things, to make cost of emergency provisions, but in ments will not remove out-of-pocket early withdrawals from their tax-pre- our present age of trillion dollar defi- expenses families and businesses will ferred retirement plans without having cits, we need to offset deficits wherever have to pay as they rebuild their lives. to pay tax penalties. Current tax law possible. Senator SHELBY has offset the Under the current Tax Code, there is discourages early withdrawals by im- cost of this bill by rescinding $12 bil- some relief available to families and posing a 10 percent tax penalty on most lion in unobligated appropriations that businesses that experience damage in early withdrawals from accounts like remain unexpired. This provision ap- hard hit areas. In addition to being Roth IRAs. This is fine under normal plies to all Departments except the De- able to deduct most losses from the dis- circumstances, but as individuals re- partments of Defense and Veterans Af- aster on their taxes, individuals who cover from disasters like this, they fairs. receive disaster mitigation assistance, should be able to tap into their own re- In short, this bill is a necessary and such as a FEMA grant, do not have to sources without being penalized. This commonsense tax proposal to help tor- report the assistance as income. Addi- will likely help many families avoid nado victims. It is also fully paid for, tionally, Congress has, in the past, going into debt or relying on govern- making it fiscally responsible. I urge passed a number of temporary provi- ment grants to repair their homes and swift consideration and passage of this sions to provide additional relief to property. act. victims of severe natural disasters, Individuals will also be able to de- f such as the Heartland Relief Act, the duct an unlimited amount of cash char- Katrina Emergency Tax Relief Act, and itable contributions to nonprofit enti- TRIBUTE TO DOROTHY BOGER the Gulf Opportunity Zone Act. ties when the donations are allocated Mr. CRAPO. Mr. President, I rise Senator SHELBY’s Southeastern Dis- toward disaster relief efforts in the af- today to honor one of my longtime aster Tax Relief Act does the same fected areas. Current policy limits the staff members, who has decided for the thing and provides targeted, temporary amount of income that can be deducted second time to leave my employ. Doro- tax relief to folks who have been hit by from charitable giving. This bill would thy Boger’s service as part of my staff strong storms in recent months. The temporarily suspend this provision. started on the first day I became a provisions of his bill have been selected Businesses will be allowed to imme- Member of Congress; she was the vet- from a number of the previous emer- diately expense 50 percent of the cost eran staffer, the only one with any Hill gency tax relief acts enacted in past of demolishing and/or cleaning up dam- experience, on my first day in office in years. This is beneficial and worth aged property. This will allow them to 1993. While her job title was scheduler,

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.012 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3811 she did so much more. She came to my that facilitate the sharing and analysis College in my home State of Wash- office with several years of experience of seismological data. ASL researchers ington. Mr. and Mrs. Walton are also working for her home State Congress- help design and deploy the Global Seis- fortunate to have 10 grandchildren and man, the Honorable Clyde C. Holloway mograph Network, which now connects 6 great-grandchildren. of Louisiana, and the training that she over 150 monitoring stations around I am delighted to extend birthday received there served me very well over the world. The authoritative research wishes and gratitude to the Waltons on the next 18 years. On that first day, my conducted there contributes immeas- this joyous occasion. I wish them and office was one of the few that had sta- urably to the field of seismology. their family all the best as they cele- plers, copy paper, and wastepaper bas- The real importance of ASL’s re- brate this wonderful milestone.∑ kets—all because Dorothy already search cannot be overstated. ASL’s f knew what to expect coming into a role in the emerging fields of earth- TRIBUTE TO STEPHANIE WHEELER brand-new office. During my 6 years in quake and tsunami monitoring is in- the U.S. House of Representatives, valuable for developing tools to save ∑ Mrs. SHAHEEN. Mr. President, today Dorothy oversaw my office operation lives when natural disasters occur. Ad- I wish to offer my sincere congratula- and my schedule; she kept us running, ditionally, ASL provides vital data tions to an exceptional teacher from paid attention to the details and made used to help monitor and detect nu- New Hampshire. sure that everyone from Idaho got a clear tests by the Comprehensive Test Stephanie Wheeler has been chosen dose of Southern charm. We often say Ban Treaty Organization, CTBTO. to receive the Presidential Award for that she is from southern Idaho, way I thank the ASL for its important Excellence in Mathematics and Science southern Idaho. contributions to both the scientific Teaching. This award honors teachers When I was elected to the Senate in community and the public good and who have made exceptional contribu- 1998, Dorothy came with me to start up wish it success in the next 50 years and tions to their students and to their pro- another office on the other side of the more.∑ fession. I congratulate Ms. Wheeler for Hill. But, by that time, her family pri- f her outstanding accomplishments and commitment to New Hampshire’s stu- orities had shifted and after a few TRIBUTE TO JESSIE RUTH WAL- months, she realized that she needed to dents. TON AND FRANCIS JAMES WAL- Our country’s competitiveness in the be home with her young son and soon TON after she had another on the way. It global economy requires us to foster was hard to say good-bye the first ∑ Mrs. MURRAY. Mr. President, it is the development of our students in time, and it was terrific when an op- crucial that we never forget to honor math and science. Educators like portunity presented itself that was per- our veterans for their service and dedi- Stephanie are essential to this effort fect to bring her back to the office. She cation to this nation. As the chairman because they are able to engage stu- has contributed in the second go-round of the Senate Veterans’ Affairs Com- dents and help them develop a love for in the communications field, and it is mittee, I would like to recognize and these important subjects. I am pleased difficult to recognize that she means it applaud the service of Mr. Francis to see Stephanie honored for her work. this time when she says she is retiring. James Walton and Mrs. Jessie Ruth Stephanie has been the title I mathe- Dorothy’s priorities have always Walton, both of whom served our Na- matics supervisor and coach at Wilson been very clear. She and her husband tion during World War II and turn 90 Elementary School in Manchester for Bill have a young family, and she has years old this year. the last 4 years. In this position, been able to arrange her schedule to be Mrs. Jessie Ruth Walton was born in Stephanie oversees all title I mathe- with them as much as possible. But Exeter, VA, on May 31, 1921. Heeding matics certified instructors and mon- this year has been very trying for her the call to service, she enlisted in the itors the implementation of the mathe- as she has faced the loss of her beloved Navy WAVES in 1943 and went on to matics curriculum for teachers in kin- mother and eldest sister. She says that serve her country during World War II dergarten through fifth grade. She also it has brought those priorities into as a pharmacist, dispensing needed teaches mathematics daily to second, even sharper focus, and I cannot argue medicine for the troops in Washington, third, and fifth graders. with her desire to spend time at home, DC, and in Long Beach, CA. Prior to her time at Wilson Elemen- have the opportunity to visit family Mr. James Walton, Jessie’s husband, tary School, Stephanie spent 5 years as who live far away and enjoy more free- was born in Cadillac, MI, on July 14, the district title I math coach for the dom to accomplish all that makes her 1921. He enlisted in the U.S. Marines in Manchester School District. She also most happy. 1941. He served in Carlson’s Raiders of served as a middle school math teacher We will miss her deeply, and for far the 2d Marine Battalion, an elite unit for both the Bedford and Laconia more reasons than the delicious double that was among the first U.S. special school districts for 9 years. chocolate Ghirardelli brownies that she operations forces to see combat in In addition to her responsibilities as frequently brings to the office to share. World War II. Jim’s time in the Ma- an educator and title I supervisor, Her positive spirit and support have rines included deployment to the South Stephanie has presented workshops at left an indelible mark, and I wish her Pacific, where he fought in Bougain- local, state, and national mathematics all the best. ville and Guadalcanal Island, contrib- conferences. She also serves as the ele- uting to a strategic victory that turned mentary representative on the New f the tide for the Allied forces in the Pa- Hampshire Teachers of Mathematics ADDITIONAL STATEMENTS cific. A valiant warrior, he spent 30 Board of Directors. Her dedication to days fighting behind enemy lines, 30 improving mathematics education in days that must have felt a lifetime. New Hampshire and throughout the USGS ALBUQUERQUE Following World War II, Jim re- country by sharing her knowledge with SEISMOLOGICAL LABORATORY turned to Michigan, where he obtained other educators is truly commendable. ∑ Mr. BINGAMAN. Mr. President, I a college degree and married Jessie The Presidential Award for Excel- wish to honor the USGS Albuquerque Ruth Meade. After his time in the serv- lence in Mathematics and Science Seismological Laboratory, ASL, on the ice, Jim began teaching and ultimately Teaching is the most prestigious honor occasion of its 50th anniversary. I found a rewarding career at General awarded to mathematics and science would like to congratulate the ASL for Motors, where he worked for 30 years teachers in the country. As a former 50 years of distinguished service to the before retiring. Together, Jim and Jes- teacher myself, I am especially proud State of New Mexico. sie raised a family of four children— of the role that Stephanie plays in edu- From its quiet location just outside James, Susan, Julie, and Jane—who cating the next generation of Ameri- of Albuquerque on the Isleta Pueblo, have picked up the mantle of their par- cans. I am honored to recognize Steph- ASL has become an indispensable hub ents in service to their communities in anie Wheeler’s exceptional dedication for seismological research over the a range of capacities. In particular, I to her students and her subject and to past 50 years. Today, it is at the center am delighted to note that their son congratulate her for her commitment of several globe-spanning networks Jim serves as president of Centralia to excellence in teaching.∑

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.022 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3812 CONGRESSIONAL RECORD — SENATE June 15, 2011 MESSAGE FROM THE HOUSE report of a rule entitled ‘‘C9 Rich Aromatic on Disability and Rehabilitation Research Hydrocarbons, C10–11 Rich Aromatic Hydro- (NIDRR)—Spinal Cord Injury Model Systems At 11:54 a.m., a message from the carbons, and C11–12 Rich Aromatic Hydro- (SCIMS) Centers and SCIMS Multi-Site Col- House of Representatives, delivered by carbons; Exemption from the Requirement of laborative Research Projects’’ (CFDA Nos. Mr. Novotny, one of its reading clerks, a Tolerance’’ (FRL No. 8876–2) received in the 84.133N–1 and 84.133A–15) received in the Of- announced that the House has passed Office of the President of the Senate on June fice of the President of the Senate on June the following bill, in which it requests 15, 2011; to the Committee on Agriculture, 14, 2011; to the Committee on Health, Edu- the concurrence of the Senate: Nutrition, and Forestry. cation, Labor, and Pensions. EC–2133. A communication from the Direc- EC–2142. A communication from the Assist- H.R. 2055. An act making appropriations tor of the Regulatory Management Division, ant General Counsel for Regulatory Services, for military construction, the Department of Office of Policy, Environmental Protection Office of Special Education and Rehabilita- Veterans Affairs, and related agencies for Agency, transmitting, pursuant to law, the tive Services, Department of Education, the fiscal year ending September 30, 2012, and report of a rule entitled ‘‘Diethylene Glycol transmitting, pursuant to law, the report of for other purposes. MonoEthyl Ether (DEGEE); Exemption from a rule entitled ‘‘Final Priority; National In- The message also announced that the Requirement of a Tolerance ‘‘ (FRL No. stitute on Disability and Rehabilitation Re- pursuant to 22 U.S.C. 276H, and the 8877–1) received in the Office of the President search (NIDRR)—Disability Rehabilitation order of the House of January 5, 2011, of the Senate on June 15, 2011; to the Com- Research Project (DRRP)—Disability in the the Speaker appoints the following mittee on Agriculture, Nutrition, and For- Family’’ (CFDA No. 84.133A–09) received in estry. the Office of the President of the Senate on Members of the House of Representa- EC–2134. A communication from the Under tives to the Mexico-United States June 14, 2011; to the Committee on Health, Secretary of Defense (Acquisition, Tech- Education, Labor, and Pensions. Interparliamentary Group: Mr. MACK of nology and Logistics), transmitting, pursu- EC–2143. A communication from the Sec- Florida, Mr. NUNES of California, Mr. ant to law, a report relative to the realistic retary of Agriculture, transmitting, pursu- BILBRAY of California, and Mr. CANSECO survivability testing of the Mobile Landing ant to law, the Department of Agriculture’s of Texas. Platform; to the Committee on Armed Serv- Semiannual Report of the Inspector General ices. f for the period from October 1, 2010 through EC–2135. A communication from the Asso- March 31, 2011; to the Committee on Home- MEASURES REFERRED ciate Director, Office of Foreign Assets Con- land Security and Governmental Affairs. trol, Department of the Treasury, transmit- The following bill was read the first ting, pursuant to law, the report of a rule en- f and the second times by unanimous titled ‘‘Foreign Assets Control Regulations; INTRODUCTION OF BILLS AND consent, and referred as indicated: Transaction Control Regulations (Regula- JOINT RESOLUTIONS H.R. 2055. An act making appropriations tions Prohibiting Transactions Involving the for military construction, the Department of Shipment of Certain Merchandise Between The following bills and joint resolu- Veterans Affairs, and related agencies for Foreign Countries’’ (31 CFR Part 500 and 505) tions were introduced, read the first the fiscal year ending September 30, 2012, and received in the Office of the President of the and second times by unanimous con- for other purposes; to the Committee on Ap- Senate on June 15, 2011; to the Committee on sent, and referred as indicated: propriations. Banking, Housing, and Urban Affairs. EC–2136. A communication from the Direc- By Mr. COATS (for himself and Mr. f tor of the Regulatory Management Division, LUGAR): Office of Policy, Environmental Protection S. 1197. A bill to provide for a feasibility EXECUTIVE AND OTHER study before carrying out any Federal action COMMUNICATIONS Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Standards of Per- relating to the Chicago Area Water System; The following communications were formance for Stationary Compression Igni- to the Committee on Environment and Pub- laid before the Senate, together with tion and Spark Ignition Internal Combustion lic Works. Engines’’ (FRL No. 9319–5) received in the Of- By Mr. KERRY: accompanying papers, reports, and doc- S. 1198. A bill to reauthorize the Essex Na- uments, and were referred as indicated: fice of the President of the Senate on June 15, 2011; to the Committee on Environment tional Heritage Area; to the Committee on EC–2128. A communication from the Assist- and Public Works. Energy and Natural Resources. ant Secretary, Bureau of Political-Military EC–2137. A communication from the Direc- By Mrs. FEINSTEIN (for herself, Ms. Affairs, Department of State, transmitting, tor of the Regulatory Management Division, SNOWE, and Mr. LEAHY): pursuant to law, an addendum to a certifi- Office of Policy, Environmental Protection S. 1199. A bill to amend title 18, United cation, transmittal number: DDTC 11–034, of Agency, transmitting, pursuant to law, the States Code, to limit the misuse of Social the proposed sale or export of defense arti- report of a rule entitled ‘‘Amendments to Security numbers, to establish criminal pen- cles, including technical data, and defense National Emission Standards for Hazardous alties for such misuse, and for other pur- services to a Middle East country regarding Air Pollutants for Area Sources: Plating and poses; to the Committee on the Judiciary. any possible affects such a sale might have Polishing’’ (FRL No. 9320–6) received in the By Mr. SANDERS (for himself, Mr. relating to Israel’s Qualitative Military Edge Office of the President of the Senate on June NELSON of Florida, Mr. BLUMENTHAL, over military threats to Israel; to the Com- 15, 2011; to the Committee on Environment Mr. MERKLEY, Mr. FRANKEN, and Mr. mittee on Armed Services. and Public Works. WHITEHOUSE): EC–2129. A communication from the Direc- EC–2138. A communication from the Direc- S. 1200. A bill to require the Chairman of tor of Defense Procurement and Acquisition tor of the Regulatory Management Division, the Commodity Futures Trading Commission Policy, Department of Defense, transmit- Office of Policy, Environmental Protection to impose unilaterally position limits and ting, pursuant to law, the report of a rule en- Agency, transmitting, pursuant to law, the margin requirements to eliminate excessive titled ‘‘Defense Federal Acquisition Regula- report of a rule entitled ‘‘Review of New oil speculation, and to take other actions to tion Supplement; Synchronized Sources and Modifications in Indian Coun- ensure that the price of crude oil, gasoline, Predeployment and Operational Tracker try’’ (FRL No. 9320–2) received in the Office diesel fuel, jet fuel, and heating oil accu- (SPOT) ((RIN0750–AH26) (DFARS Case 2011– of the President of the Senate on June 15, rately reflects the fundamentals of supply D030)) received in the Office of the President 2011; to the Committee on Environment and and demand, to remain in effect until the of the Senate on June 15, 2011; to the Com- Public Works. date on which the Commission establishes mittee on Armed Services. EC–2139. A communication from the Chair position limits to diminish, eliminate, or EC–2130. A communication from the Under of the Medicaid and CHIP Payment Access prevent excessive speculation as required by Secretary of Defense (Acquisition, Tech- Commission, transmitting the commission’s title VII of the Dodd-Frank Wall Street Re- nology and Logistics), transmitting, pursu- ‘‘Report to the Congress: The Evolution of form and Consumer Protection Act, and for ant to law, a report relative to the restruc- Managed Care in Medicaid’’; to the Com- other purposes; to the Committee on Agri- tured Global Hawk program; to the Com- mittee on Finance. culture, Nutrition, and Forestry. mittee on Armed Services. EC–2140. A communication from the Assist- By Mr. LIEBERMAN (for himself, Mr. EC–2131. A communication from the Under ant Secretary of the Department of the CRAPO, Mr. TESTER, Mr. BINGAMAN, Secretary of Defense (Acquisition, Tech- Treasury, transmitting, pursuant to law, a Ms. MURKOWSKI, Mr. WHITEHOUSE, nology and Logistics), transmitting, pursu- report relative to Executive Order 11269 and Mr. BEGICH, Mr. CARDIN, and Mr. ant to law, a report relative to the restruc- International Monetary and Financial Poli- UDALL of Colorado): tured Assembled Chemical Weapons Alter- cies; to the Committee on Foreign Relations. S. 1201. A bill to conserve fish and aquatic natives (ACWA) program; to the Committee EC–2141. A communication from the Assist- communities in the United States through on Armed Services. ant Secretary for Special Education and Re- partnerships that foster fish habitat con- EC–2132. A communication from the Direc- habilitative Services, Department of Edu- servation, to improve the quality of life for tor of the Regulatory Management Division, cation, transmitting, pursuant to law, the the people of the United States, and for Office of Policy, Environmental Protection report of a rule entitled ‘‘Final Priorities other purposes; to the Committee on Envi- Agency, transmitting, pursuant to law, the and Selection Criterion; National Institute ronment and Public Works.

VerDate Mar 15 2010 01:04 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.005 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3813 By Mr. LEAHY (for himself, Mr. LEVIN, SUBMISSION OF CONCURRENT AND Pancreatic Cancer Initiative, and for Mr. AKAKA, and Mr. DURBIN): SENATE RESOLUTIONS other purposes. S. 1202. A bill to amend the Immigration and Nationality Act to reaffirm the United The following concurrent resolutions S. 394 States’ historic commitment to protecting and Senate resolutions were read, and At the request of Mr. KOHL, the name refugees who are fleeing persecution or tor- referred (or acted upon), as indicated: of the Senator from Minnesota (Mr. ture; to the Committee on the Judiciary. By Mr. KERRY (for himself, Mr. FRANKEN) was added as a cosponsor of By Ms. SNOWE (for herself, Mr. KERRY, MCCAIN, Ms. MURKOWSKI, and Mr. S. 394, a bill to amend the Sherman Act Mr. ISAKSON, Ms. KLOBUCHAR, and Mr. WEBB): to make oil-producing and exporting INOUYE): S. Res. 208. A resolution expressing the S. 1203. A bill to amend title XVIII of the cartels illegal. sense of the Senate regarding Mongolian Social Security Act to provide for the cov- S. 395 President Tsakhiagiin Elbegdorj’s visit to erage of home infusion therapy under the At the request of Mr. ENZI, the name Washington, D.C., and its support for the Medicare Program; to the Committee on Fi- growing partnership between the United of the Senator from Nevada (Mr. HELL- nance. States and Mongolia; considered and agreed ER) was added as a cosponsor of S. 395, By Mr. UDALL of Colorado: a bill to repeal certain amendments to S. 1204. A bill to amend title 10, United to. States Code, to reform Department of De- f the Energy Policy and Conservation Act with respect to lighting energy ef- fense energy policy, and for other purposes; ADDITIONAL COSPONSORS ON to the Committee on Armed Services. ficiency. JUNE 14, 2011 By Mr. SHELBY (for himself, Mr. S. 504 BLUNT, Mr. BOOZMAN, Mr. CHAMBLISS, S. 48 At the request of Mr. DEMINT, the Mrs. HAGAN, Mr. INHOFE, Mr. ISAK- At the request of Mr. INOUYE, the name of the Senator from Mississippi SON, Mrs. MCCASKILL, Mr. PRYOR, and name of the Senator from Montana ICKER Mr. SESSIONS): (Mr. W ) was added as a cosponsor S. 1205. A bill to provide temporary tax re- (Mr. TESTER) was added as a cosponsor of S. 504, a bill to preserve and protect lief for areas damaged by 2011 Southeastern of S. 48, a bill to amend the Public the free choice of individual employees severe storms, tornados, and flooding, and Health Service Act to provide for the to form, join, or assist labor organiza- for other purposes; to the Committee on Fi- participation of pharmacists in Na- tions, or to refrain from such activi- nance. tional Health Services Corps programs, ties. By Mr. ROCKEFELLER (for himself, and for other purposes. S 510 Mr. BINGAMAN, Ms. STABENOW, Mr. . S. 80 BLUMENTHAL, Mr. BROWN of Ohio, At the request of Mr. UDALL of New Mrs. BOXER, Mr. FRANKEN, and Mr. At the request of Mrs. HUTCHISON, the Mexico, the name of the Senator from MERKLEY): name of the Senator from Nevada (Mr. New Jersey (Mr. MENENDEZ) was added S. 1206. A bill to amend title XVIII of the HELLER) was added as a cosponsor of S. as a cosponsor of S. 510, a bill to pre- Social Security Act to require drug manufac- 80, a bill to provide a permanent deduc- vent drunk driving injuries and fatali- turers to provide drug rebates for drugs dis- tion for State and local general sales pensed to low-income individuals under the ties, and for other purposes. Medicare prescription drug benefit program; taxes. S. 652 to the Committee on Finance. S. 89 At the request of Mr. KERRY, the By Mr. PRYOR (for himself and Mr. At the request of Mr. VITTER, the name of the Senator from Colorado ROCKEFELLER): name of the Senator from Nevada (Mr. (Mr. BENNET) was added as a cosponsor S. 1207. A bill to protect consumers by re- HELLER) was added as a cosponsor of S. quiring reasonable security policies and pro- of S. 652, a bill to facilitate efficient in- cedures to protect data containing personal 89, a bill to repeal the imposition of vestments and financing of infrastruc- information, and to provide for nationwide withholding on certain payments made ture projects and new job creation notice in the event of a security breach; to to vendors by government entities. through the establishment of an Amer- the Committee on Commerce, Science, and S. 201 ican Infrastructure Financing Author- Transportation. At the request of Mr. MCCAIN, the ity, to provide for an extension of the By Mr. WYDEN (for himself, Ms. MUR- names of the Senator from Delaware exemption from the alternative min- KOWSKI, Mrs. MURRAY, Mr. BEGICH, imum tax treatment for certain tax-ex- and Ms. CANTWELL): (Mr. CARPER) and the Senator from S. 1208. A bill to provide an election to ter- Delaware (Mr. COONS) were added as co- empt bonds, and for other purposes. minate certain capital construction funds sponsors of S. 201, a bill to clarify the S. 665 without penalties; to the Committee on Fi- jurisdiction of the Secretary of the In- At the request of Mr. BROWN of Ohio, nance. terior with respect to the C.C. Cragin the name of the Senator from Illinois By Mr. HATCH (for himself and Mr. Dam and Reservoir, and for other pur- (Mr. DURBIN) was added as a cosponsor LEE): S. 1209. A bill to clarify authority granted poses. of S. 665, a bill to promote industry under the Act entitled ‘‘An Act to define the S. 227 growth and competitiveness and to im- exterior boundary of the Uintah and Ouray At the request of Mr. CONRAD, the prove worker training, retention, and Indian Reservation in the State of Utah, and name of the Senator from South Da- advancement, and for other purposes. for other purposes’’; to the Committee on kota (Mr. JOHNSON) was added as a co- S. 668 Energy and Natural Resources. By Mr. BROWN of Ohio (for himself sponsor of S. 227, a bill to amend title At the request of Mr. CORNYN, the and Mr. MERKLEY): XVIII of the Social Security Act to en- name of the Senator from Massachu- S. 1210. A bill to improve domestic procure- sure more timely access to home setts (Mr. BROWN) was added as a co- ment policies by providing rules and guid- health services for Medicare bene- sponsor of S. 668, a bill to remove ance, waiver notices, and departmental and ficiaries under the Medicare program. unelected, unaccountable bureaucrats agency actions applicable to the domestic S. 260 from seniors’ personal health decisions content standards of Federal grants adminis- by repealing the Independent Payment tered by the Department of Transportation, At the request of Mr. NELSON of Flor- and for other purposes; to the Committee on ida, the name of the Senator from Ne- Advisory Board. Banking, Housing, and Urban Affairs. vada (Mr. HELLER) was added as a co- S. 672 By Mrs. FEINSTEIN (for herself, Ms. sponsor of S. 260, a bill to amend title At the request of Mr. ROCKEFELLER, COLLINS, Mr. REED, and Mrs. BOXER): 10, United States Code, to repeal the the name of the Senator from Con- S. 1211. A bill to amend the Federal Food, requirement for reduction of survivor necticut (Mr. BLUMENTHAL) was added Drug, and Cosmetic Act to preserve the ef- fectiveness of medically important anti- annuities under the Survivor Benefit as a cosponsor of S. 672, a bill to amend biotics used in the treatment of human and Plan by veterans’ dependency and in- the Internal Revenue Code of 1986 to animal diseases; to the Committee on demnity compensation. extend and modify the railroad track Health, Education, Labor, and Pensions. S. 362 maintenance credit. By Mr. WYDEN: At the request of Mr. WHITEHOUSE, S. 687 S. 1212. A bill to amend title 18, United States Code, to specify the circumstances in the name of the Senator from Georgia At the request of Mr. CONRAD, the which a person may acquire geolocation in- (Mr. CHAMBLISS) was added as a cospon- name of the Senator from Kansas (Mr. formation and for other purposes; to the sor of S. 362, a bill to amend the Public ROBERTS) was added as a cosponsor of Committee on the Judiciary. Health Service Act to provide for a S. 687, a bill to amend the Internal

VerDate Mar 15 2010 01:14 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.015 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3814 CONGRESSIONAL RECORD — SENATE June 15, 2011 Revenue Code of 1986 to permanently projects, to make the acquisition and UDALL) was added as a cosponsor of S. extend the 15-year recovery period for installation of emission control tech- 1106, a bill to authorize Department of qualified leasehold improvement prop- nology an eligible expense in carrying Defense support for programs on pro erty, qualified restaurant property, and out such projects, and for other pur- bono legal assistance for members of qualified retail improvement property. poses. the Armed Forces. S. 726 S. 975 S. 1125 At the request of Mr. RUBIO, the At the request of Mr. TESTER, the At the request of Mr. LEAHY, the name of the Senator from South Caro- name of the Senator from Arkansas name of the Senator from Minnesota lina (Mr. DEMINT) was added as a co- (Mr. BOOZMAN) was added as a cospon- (Ms. KLOBUCHAR) was added as a co- sponsor of S. 726, a bill to rescind $45 sor of S. 975, a bill to amend the Public sponsor of S. 1125, a bill to improve na- billion of unobligated discretionary ap- Health Service Act to provide for the tional security letters, the authorities propriations, and for other purposes. participation of physical therapists in under the Foreign Intelligence Surveil- S. 834 the National Health Service Corps lance Act of 1978, and for other pur- poses. At the request of Mr. CASEY, the Loan Repayment Program, and for name of the Senator from Illinois (Mr. other purposes. S. 1181 At the request of Mr. GRASSLEY, the DURBIN) was added as a cosponsor of S. S. 982 834, a bill to amend the Higher Edu- At the request of Ms. AYOTTE, the names of the Senator from Wyoming cation Act of 1965 to improve education name of the Senator from North Da- (Mr. BARRASSO) and the Senator from and prevention related to campus sex- kota (Mr. HOEVEN) was added as a co- Georgia (Mr. CHAMBLISS) were added as ual violence, domestic violence, dating sponsor of S. 982, a bill to reaffirm the cosponsors of S. 1181, a bill to require the Secretary of the Treasury to mint violence, and stalking. authority of the Department of Defense coins in commemoration of the Na- S. 906 to maintain United States Naval Sta- tion, Guantanamo Bay, Cuba, as a loca- tional Future Farmers of America Or- At the request of Mr. WICKER, the ganization and the 85th anniversary of name of the Senator from Ohio (Mr. tion for the detention of unprivileged enemy belligerents held by the Depart- the founding of the National Future PORTMAN) was added as a cosponsor of ment of Defense, and for other pur- Farmers of America Organization. S. 906, a bill to prohibit taxpayer fund- S. 1185 ed abortions and to provide for con- poses. S. 1009 At the request of Mr. THUNE, the science protections, and for other pur- names of the Senator from Missouri poses. At the request of Mr. RUBIO, the name of the Senator from South Caro- (Mr. BLUNT), the Senator from Penn- S. 933 lina (Mr. DEMINT) was added as a co- sylvania (Mr. CASEY) and the Senator At the request of Mr. SCHUMER, the sponsor of S. 1009, a bill to rescind cer- from North Dakota (Mr. CONRAD) were name of the Senator from Connecticut tain Federal funds identified by States added as cosponsors of S. 1185, a bill to (Mr. LIEBERMAN) was added as a co- as unwanted and use the funds to re- amend the Internal Revenue Code of sponsor of S. 933, a bill to amend the duce the Federal debt. 1986 to provide for a variable VEETC Internal Revenue Code of 1986 to extend rate based on the price of crude oil, and S. 1023 and increase the exclusion for benefits for other purposes. At the request of Mr. DURBIN, the provided to volunteer firefighters and name of the Senator from Oregon (Mr. S. RES. 80 emergency medical responders. At the request of Mr. KIRK, the MERKLEY) was added as a cosponsor of S. 949 S. 1023, a bill to authorize the Presi- names of the Senator from Michigan (Mr. LEVIN) and the Senator from Ar- At the request of Mrs. SHAHEEN, the dent to provide assistance to the Gov- kansas (Mr. BOOZMAN) were added as name of the Senator from Connecticut ernment of Haiti to end within 5 years cosponsors of S. Res. 80, a resolution (Mr. BLUMENTHAL) was added as a co- the deforestation in Haiti and restore condemning the Government of Iran sponsor of S. 949, a bill to amend the within 30 years the extent of tropical for its state-sponsored persecution of National Oilheat Research Alliance Act forest cover in existence in Haiti in its Baha’i minority and its continued of 2000 to reauthorize and improve that 1990, and for other purposes. Act, and for other purposes. violation of the International Cov- S. 1048 enants on Human Rights. S. 958 At the request of Mr. MENENDEZ, the S. RES. 175 At the request of Mr. CASEY, the names of the Senator from Arkansas name of the Senator from Minnesota At the request of Mrs. SHAHEEN, the (Mr. BOOZMAN) and the Senator from name of the Senator from Arizona (Mr. (Mr. FRANKEN) was added as a cospon- Oklahoma (Mr. COBURN) were added as sor of S. 958, a bill to amend the Public MCCAIN) was added as a cosponsor of S. cosponsors of S. 1048, a bill to expand Res. 175, a resolution expressing the Health Service Act to reauthorize the sanctions imposed with respect to the program of payments to children’s hos- sense of the Senate with respect to on- Islamic Republic of Iran, North Korea, going violations of the territorial in- pitals that operate graduate medical and Syria, and for other purposes. education programs. tegrity and sovereignty of Georgia and S. 1056 the importance of a peaceful and just S. 964 At the request of Mr. HARKIN, the resolution to the conflict within Geor- At the request of Mr. ALEXANDER, the name of the Senator from New York gia’s internationally recognized bor- name of the Senator from Kansas (Mr. (Mrs. GILLIBRAND) was added as a co- ders. ORAN M ) was added as a cosponsor of S. sponsor of S. 1056, a bill to ensure that S. RES. 185 964, a bill to amend the National Labor all users of the transportation system, At the request of Mr. BARRASSO, his Relations Act to clarify the applica- including pedestrians, bicyclists, tran- name was added as a cosponsor of S. bility of such Act with respect to sit users, children, older individuals, Res. 185, a resolution reaffirming the States that have right to work laws in and individuals with disabilities, are commitment of the United States to a effect. able to travel safely and conveniently negotiated settlement of the Israeli- S. 972 on and across federally funded streets Palestinian conflict through direct At the request of Mr. CARPER, the and highways. Israeli-Palestinian negotiations, re- names of the Senator from Maryland S. 1105 affirming opposition to the inclusion of (Mr. CARDIN), the Senator from New At the request of Mrs. MURRAY, the Hamas in a unity government unless it Jersey (Mr. MENENDEZ) and the Sen- name of the Senator from Idaho (Mr. is willing to accept peace with Israel ator from Vermont (Mr. SANDERS) were CRAPO) was added as a cosponsor of S. and renounce violence, and declaring added as cosponsors of S. 972, a bill to 1105, a bill to provide a Federal tax ex- that Palestinian efforts to gain rec- amend titles 23 and 49, United States emption for forest conservation bonds, ognition of a state outside direct nego- Code, to establish procedures to ad- and for other purposes. tiations demonstrates absence of a vance the use of cleaner construction S. 1106 good faith commitment to peace nego- equipment on Federal-aid highway and At the request of Mr. KOHL, the name tiations, and will have implications for public transportation construction of the Senator from Colorado (Mr. continued United States aid.

VerDate Mar 15 2010 01:14 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.017 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3815 At the request of Ms. COLLINS, the Public Works and Economic Develop- (Mr. HELLER) was added as a cosponsor name of the Senator from Pennsyl- ment Act of 1965 to reauthorize that of S. 366, a bill to require disclosure to vania (Mr. TOOMEY) was added as a co- Act, and for other purposes. the Securities and Exchange Commis- sponsor of S. Res. 185, supra. f sion of certain sanctionable activities, At the request of Mr. CARDIN, the and for other purposes. ADDITIONAL COSPONSORS names of the Senator from South Caro- S. 482 lina (Mr. GRAHAM) and the Senator S. 50 At the request of Mr. INHOFE, the from Washington (Mrs. MURRAY) were At the request of Mr. INOUYE, the name of the Senator from Nevada (Mr. added as cosponsors of S. Res. 185, name of the Senator from New York HELLER) was added as a cosponsor of S. supra. (Mrs. GILLIBRAND) was added as a co- 482, a bill to amend the Clean Air Act sponsor of S. 50, a bill to strengthen S. RES. 199 to prohibit the Administrator of the Federal consumer product safety pro- Environmental Protection Agency At the request of Mr. REID, the name grams and activities with respect to of the Senator from Washington (Ms. from promulgating any regulation con- commercially-marketed seafood by di- cerning, taking action relating to, or CANTWELL) was added as a cosponsor of recting the Secretary of Commerce to S. Res. 199, a resolution supporting the taking into consideration the emission coordinate with the Federal Trade of a greenhouse gas to address climate goals and ideals of ‘‘Crohn’s and Colitis Commission and other appropriate Fed- change, and for other purposes. Awareness Week’’. eral agencies to strengthen and coordi- S. 483 S. RES. 202 nate those programs and activities. At the request of Ms. SNOWE, the At the request of Mr. CONRAD, the S. 89 name of the Senator from New Jersey names of the Senator from California At the request of Mr. VITTER, the (Mr. MENENDEZ) was added as a cospon- (Mrs. FEINSTEIN), the Senator from name of the Senator from Kansas (Mr. sor of S. 483, a bill to amend title XVIII Connecticut (Mr. BLUMENTHAL), the MORAN) was added as a cosponsor of S. of the Social Security Act to provide Senator from Kansas (Mr. ROBERTS), 89, a bill to repeal the imposition of for the treatment of clinical psycholo- the Senator from Georgia (Mr. ISAK- withholding on certain payments made gists as physicians for purposes of fur- SON) and the Senator from Vermont to vendors by government entities. nishing clinical psychologist services (Mr. SANDERS) were added as cospon- S. 164 under the Medicare program. sors of S. Res. 202, a resolution desig- At the request of Mr. BROWN of Mas- S. 570 nating June 27, 2011, as ‘‘National Post- sachusetts, the name of the Senator At the request of Mr. TESTER, the Traumatic Stress Disorder Awareness from Kansas (Mr. MORAN) was added as name of the Senator from Nevada (Mr. Day’’. a cosponsor of S. 164, a bill to repeal HELLER) was added as a cosponsor of S. AMENDMENT NO. 389 the imposition of withholding on cer- 570, a bill to prohibit the Department At the request of Mr. KOHL, the name tain payments made to vendors by gov- of Justice from tracking and cata- of the Senator from Minnesota (Mr. ernment entities. loguing the purchases of multiple rifles FRANKEN) was added as a cosponsor of S. 229 and shotguns. amendment No. 389 proposed to S. 782, At the request of Mr. BEGICH, the S. 658 a bill to amend the Public Works and name of the Senator from Maryland At the request of Ms. KLOBUCHAR, the Economic Development Act of 1965 to (Ms. MIKULSKI) was added as a cospon- names of the Senator from South Da- reauthorize that Act, and for other pur- sor of S. 229, a bill to amend the Fed- kota (Mr. JOHNSON) and the Senator poses. eral Food, Drug, and Cosmetic Act to from Colorado (Mr. BENNET) were added AMENDMENT NO. 405 require labeling of genetically-engi- as cosponsors of S. 658, a bill to provide At the request of Mr. BROWN of Mas- neered fish. for the preservation by the Department sachusetts, the names of the Senator S. 230 of Defense of documentary evidence of from Alaska (Mr. BEGICH), the Senator At the request of Mr. BEGICH, the the Department of Defense on incidents from New Hampshire (Ms. AYOTTE) and name of the Senator from Maryland of sexual assault and sexual harass- the Senator from Wyoming (Mr. ENZI) (Ms. MIKULSKI) was added as a cospon- ment in the military, and for other were added as cosponsors of amend- sor of S. 230, a bill to amend the Fed- purposes. ment No. 405 proposed to S. 782, a bill eral Food, Drug, and Cosmetic Act to S. 738 to amend the Public Works and Eco- prevent the approval of genetically-en- At the request of Ms. STABENOW, the nomic Development Act of 1965 to reau- gineered fish. name of the Senator from Connecticut thorize that Act, and for other pur- S. 251 (Mr. BLUMENTHAL) was added as a co- poses. At the request of Mr. VITTER, the sponsor of S. 738, a bill to amend title name of the Senator from Tennessee XVIII of the Social Security Act to AMENDMENT NO. 423 (Mr. CORKER) was added as a cosponsor provide for Medicare coverage of com- At the request of Mrs. HUTCHISON, the of S. 251, a bill to prohibit the provi- prehensive Alzheimer’s disease and re- name of the Senator from Texas (Mr. sion of Federal funds to State and local lated dementia diagnosis and services CORNYN) was added as a cosponsor of governments for payment of obliga- in order to improve care and outcomes amendment No. 423 proposed to S. 782, tions, to prohibit the Board of Gov- for Americans living with Alzheimer’s a bill to amend the Public Works and ernors of the Federal Reserve System disease and related dementias by im- Economic Development Act of 1965 to from financially assisting State and proving detection, diagnosis, and care reauthorize that Act, and for other pur- local governments, and for other pur- planning. poses. poses. S. 740 AMENDMENT NO. 436 S. 362 At the request of Mr. REED, the name At the request of Mr. COBURN, the At the request of Mr. WHITEHOUSE, of the Senator from Washington (Mrs. names of the Senator from South Caro- the names of the Senator from MURRAY) was added as a cosponsor of lina (Mr. DEMINT) and the Senator Vermont (Mr. LEAHY), the Senator S. 740, a bill to revise and extend provi- from North Carolina (Mr. BURR) were from Connecticut (Mr. BLUMENTHAL), sions under the Garrett Lee Smith Me- added as cosponsors of amendment No. the Senator from Louisiana (Ms. LAN- morial Act. 436 proposed to S. 782, a bill to amend DRIEU), the Senator from Hawaii (Mr. S. 752 the Public Works and Economic Devel- AKAKA) and the Senator from Maine At the request of Mrs. FEINSTEIN, the opment Act of 1965 to reauthorize that (Ms. SNOWE) were added as cosponsors name of the Senator from Hawaii (Mr. Act, and for other purposes. of S. 362, a bill to amend the Public INOUYE) was added as a cosponsor of S. AMENDMENT NO. 460 Health Service Act to provide for a 752, a bill to establish a comprehensive At the request of Mr. DEMINT, the Pancreatic Cancer Initiative, and for interagency response to reduce lung name of the Senator from Florida (Mr. other purposes. cancer mortality in a timely manner. RUBIO) was added as a cosponsor of S. 366 S. 755 amendment No. 460 intended to be pro- At the request of Mrs. GILLIBRAND, At the request of Mr. WYDEN, the posed to S. 782, a bill to amend the the name of the Senator from Nevada names of the Senator from Washington

VerDate Mar 15 2010 01:14 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.018 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3816 CONGRESSIONAL RECORD — SENATE June 15, 2011 (Mrs. MURRAY) and the Senator from (Mr. INHOFE) and the Senator from Ari- South Carolina (Mr. GRAHAM) were Missouri (Mr. BLUNT) were added as co- zona (Mr. KYL) were added as cospon- added as cosponsors of S.J. Res. 19, a sponsors of S. 755, a bill to amend the sors of S. 1098, a bill to amend the In- joint resolution proposing an amend- Internal Revenue Code of 1986 to allow ternal Revenue Code of 1986 to improve ment to the Constitution of the United an offset against income tax refunds to access to health care through expanded States authorizing Congress to prohibit pay for restitution and other State ju- health savings accounts, and for other the physical desecration of the flag of dicial debts that are past-due. purposes. the United States. S. 797 S. 1145 S. CON. RES. 22 At the request of Ms. MIKULSKI, the At the request of Mr. LEAHY, the At the request of Mr. MCCAIN, the name of the Senator from New York name of the Senator from Illinois (Mr. name of the Senator from Nevada (Mr. (Mr. SCHUMER) was added as a cospon- DURBIN) was added as a cosponsor of S. REID) was added as a cosponsor of S. sor of S. 797, a bill to amend the Fair 1145, a bill to amend title 18, United Con. Res. 22, a concurrent resolution Labor Standards Act of 1938 to provide States Code, to clarify and expand Fed- expressing the sense of Congress that more effective remedies to victims of eral criminal jurisdiction over Federal John Arthur ‘‘Jack’’ Johnson should discrimination in the payment of contractors and employees outside the receive a posthumous pardon for the wages on the basis of sex, and for other United States, and for other purposes. racially motivated conviction in 1913 purposes. S. 1169 that diminished the athletic, cultural, S. 855 At the request of Mr. NELSON of Ne- and heroic significance of Jack John- At the request of Ms. STABENOW, the son and unduly tarnished his reputa- name of the Senator from Rhode Island braska, the name of the Senator from Colorado (Mr. UDALL) was added as a tion. (Mr. WHITEHOUSE) was added as a co- S. CON. RES. 23 sponsor of S. 855, a bill to make avail- cosponsor of S. 1169, a bill to provide for benchmarks to evaluate progress At the request of Mr. HATCH, the able such funds as may be necessary to name of the Senator from Iowa (Mr. ensure that members of the Armed being made toward the goal of transitioning security responsibilities GRASSLEY) was added as a cosponsor of Forces, including reserve components S. Con. Res. 23, a concurrent resolution thereof, continue to receive pay and al- in Afghanistan to the Government of Afghanistan. declaring that it is the policy of the lowances for active service performed United States to support and facilitate S. 1176 when a funding gap caused by the fail- Israel in maintaining defensible bor- At the request of Ms. LANDRIEU, the ure to enact interim or full-year appro- ders and that it is contrary to United name of the Senator from Connecticut priations for the Armed Forces occurs, States policy and national security to (Mr. BLUMENTHAL) was added as a co- which results in the furlough of non- have the borders of Israel return to the emergency personnel and the curtail- sponsor of S. 1176, a bill to amend the armistice lines that existed on June 4, ment of Government activities and Horse Protection Act to prohibit the 1967. services. shipping, transporting, moving, deliv- S. RES. 185 S. 958 ering, receiving, possessing, pur- At the request of Mr. CARDIN, the At the request of Mr. CASEY, the chasing, selling, or donation of horses names of the Senator from Illinois (Mr. name of the Senator from New Jersey and other equines to be slaughtered for DURBIN), the Senator from New York (Mr. LAUTENBERG) was added as a co- human consumption, and for other pur- (Mr. SCHUMER), the Senator from Ala- sponsor of S. 958, a bill to amend the poses. bama (Mr. SHELBY), the Senator from Public Health Service Act to reauthor- S. 1181 North Carolina (Mrs. HAGAN) and the ize the program of payments to chil- At the request of Mr. GRASSLEY, the Senator from Indiana (Mr. COATS) were dren’s hospitals that operate graduate name of the Senator from Wisconsin medical education programs. added as cosponsors of S. Res. 185, a (Mr. KOHL) was added as a cosponsor of resolution reaffirming the commit- S. 968 S. 1181, a bill to require the Secretary ment of the United States to a nego- At the request of Mr. LEAHY, the of the Treasury to mint coins in com- name of the Senator from Arkansas tiated settlement of the Israeli-Pales- memoration of the National Future tinian conflict through direct Israeli- (Mr. BOOZMAN) was added as a cospon- Farmers of America Organization and Palestinian negotiations, reaffirming sor of S. 968, a bill to prevent online the 85th anniversary of the founding of threats to economic creativity and opposition to the inclusion of Hamas in the National Future Farmers of Amer- a unity government unless it is willing theft of intellectual property, and for ica Organization. other purposes. to accept peace with Israel and re- S. 1196 nounce violence, and declaring that S. 1025 At the request of Mr. GRASSLEY, the Palestinian efforts to gain recognition At the request of Mr. LEAHY, the name of the Senator from Wyoming names of the Senator from Indiana of a state outside direct negotiations (Mr. BARRASSO) was added as a cospon- demonstrates absence of a good faith (Mr. COATS), the Senator from Arkan- sor of S. 1196, a bill to expand the use commitment to peace negotiations, sas (Mr. PRYOR), the Senator from West of E-Verify, to hold employers account- and will have implications for contin- Virginia (Mr. ROCKEFELLER) and the able, and for other purposes. ued United States aid. Senator from Montana (Mr. BAUCUS) were added as cosponsors of S. 1025, a S.J. RES. 17 S. RES. 202 bill to amend title 10, United States At the request of Mrs. FEINSTEIN, the At the request of Mr. CONRAD, the Code, to enhance the national defense names of the Senator from California name of the Senator from Delaware through empowerment of the National (Mrs. BOXER) and the Senator from (Mr. COONS) was added as a cosponsor Guard, enhancement of the functions of Minnesota (Ms. KLOBUCHAR) were added of S. Res. 202, a resolution designating the National Guard Bureau, and im- as cosponsors of S.J. Res. 17, a joint June 27, 2011, as ‘‘National Post-Trau- provement of Federal-State military resolution approving the renewal of im- matic Stress Disorder Awareness Day’’. coordination in domestic emergency port restrictions contained in the Bur- AMENDMENT NO. 405 response, and for other purposes. mese Freedom and Democracy Act of At the request of Mr. BROWN of Mas- S. 1048 2003. sachusetts, the name of the Senator At the request of Mr. MENENDEZ, the At the request of Mr. MCCONNELL, from Kansas (Mr. MORAN) was added as name of the Senator from Indiana (Mr. the name of the Senator from Rhode Is- a cosponsor of amendment No. 405 pro- COATS) was added as a cosponsor of S. land (Mr. WHITEHOUSE) was added as a posed to S. 782, a bill to amend the 1048, a bill to expand sanctions imposed cosponsor of S.J. Res. 17, supra. Public Works and Economic Develop- with respect to the Islamic Republic of S.J. RES. 19 ment Act of 1965 to reauthorize that Iran, North Korea, and Syria, and for At the request of Mr. HATCH, the Act, and for other purposes. other purposes. names of the Senator from Texas (Mr. AMENDMENT NO. 433 S. 1098 CORNYN), the Senator from Missouri At the request of Ms. LANDRIEU, the At the request of Mr. HATCH, the (Mr. BLUNT), the Senator from Wyo- name of the Senator from Mississippi names of the Senator from Oklahoma ming (Mr. ENZI) and the Senator from (Mr. WICKER) was added as a cosponsor

VerDate Mar 15 2010 01:14 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.007 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3817 of amendment No. 433 intended to be According to the Federal Trade Com- government agencies and businesses to proposed to S. 782, a bill to amend the mission, between 8 and 10 million do more to protect Americans’ Social Public Works and Economic Develop- Americans have their identities stolen Security numbers. The bill would stop ment Act of 1965 to reauthorize that by such thieves each year, at a com- the sale or display of a person’s Social Act, and for other purposes. bined cost of billions of dollars. Security number without his or her ex- AMENDMENT NO. 460 What’s worse, victims often do not press consent; prevent Federal, State, At the request of Mr. DEMINT, the realize that a theft has occurred until and local governments from displaying names of the Senator from Louisiana much later, when they learn that their Social Security numbers on public (Mr. VITTER) and the Senator from credit has been destroyed by unpaid records posted on the Internet; limit Pennsylvania (Mr. TOOMEY) were added debt on fraudulently opened accounts. the circumstances in which businesses as cosponsors of amendment No. 460 in- One thief stole a retired Army Cap- could ask a customer for his or her So- tended to be proposed to S. 782, a bill to tain’s military identification card and cial Security number; commission a amend the Public Works and Economic used his Social Security number, listed study by the Attorney General regard- Development Act of 1965 to reauthorize on the card, to go on a 6-month, ing the current uses of Social Security that Act, and for other purposes. $260,000 shopping spree. By the time the numbers and the impact on privacy and Army Captain realized what had hap- AMENDMENT NO. 467 data security; and institute criminal pened, the thief had opened more than At the request of Ms. AYOTTE, the and civil penalties for misuse of Social 60 fraudulent accounts. Security numbers. name of the Senator from Maine (Ms. A single mother of two went to file COLLINS) was added as a cosponsor of I believe this legislation could play a her taxes and learned that a fraudulent critical role in halting the growing epi- amendment No. 467 intended to be pro- return had already been filed in her demic of identity theft that has been posed to S. 782, a bill to amend the name by someone else, a thief who plaguing America and its citizens. Public Works and Economic Develop- wanted her refund check. As President George W. Bush’s Iden- ment Act of 1965 to reauthorize that A former pro-football player received Act, and for other purposes. a phone call notifying him that a $1 tity Theft Task Force reported to us f million home mortgage loan had been now three years ago, ‘‘[i]dentity theft approved in his name even though he depends on access to . . . data. Reduc- STATEMENTS ON INTRODUCED ing the opportunities for thieves to get BILLS AND JOINT RESOLUTIONS had never applied for such a loan. Identity theft is serious. Once an in- the data is critical to fighting the By Mrs. FEINSTEIN (for herself, dividual’s identity is stolen, people are crime.’’ Ms. SNOWE, and Mr. LEAHY): often subjected to countless hours and Every agency to study this problem S. 1199. A bill to amend title 18, costs attempting to regain their good has agreed that the problem will con- United States Code, to limit the misuse name and credit. In 2004, victims spent tinue to grow over time and that ac- of Social Security numbers, to estab- an average of 300 hours recovering from tion is needed. lish criminal penalties for such misuse, the crime. The crime disrupts lives and I urge my colleagues to support the and for other purposes; to the Com- can destroy finances. Protecting the Privacy of Social Secu- mittee on the Judiciary. It also hurts American businesses. A rity Numbers Act. Mrs. FEINSTEIN. Mr. President, I 2006 online survey by the Business Mr. President, I ask unanimous con- am pleased to introduce, together with Software Alliance and Harris Inter- sent that the text of the bill be printed Senator SNOWE, legislation today to active found that nearly 30 percent of in the RECORD. protect one of Americans’ most valu- adults decided to shop online less or There being no objection, the text of able but vulnerable assets: Social Secu- not at all during the holiday season be- the bill was ordered to be printed in rity numbers. cause of fears about identity theft. the RECORD, as follows: The Protecting the Privacy of Social When people’s identities are stolen, S. 1199 Security Numbers Act would protect they often do not know how the thieves Be it enacted by the Senate and House of Rep- personal privacy and reduce identity obtained their personal information. resentatives of the United States of America in theft by eliminating the unnecessary Social security numbers and other key Congress assembled, use and display of Social Security identifying data are displayed and used SECTION 1. SHORT TITLE; TABLE OF CONTENTS. numbers. in such a widespread manner that indi- (a) SHORT TITLE.—This Act may be cited as Since the 106th Congress, I have viduals could not successfully restrict the ‘‘Protecting the Privacy of Social Secu- worked to safeguard Social Security access themselves. rity Numbers Act’’. numbers. I believe that the widespread Limitations on the display of Social (b) TABLE OF CONTENTS.—The table of con- display and use of these numbers poses Security numbers are critically need- tents of this Act is as follows: a significant, and entirely preventable, ed. Sec. 1. Short title; table of contents. threat to Americans’ personal privacy. In the last Congress, Senator Judd Sec. 2. Findings. In 1935, Congress authorized the So- Sec. 3. Prohibition of the display, sale, or Gregg of New Hampshire and I worked purchase of Social Security cial Security Administration to issue together to pass a bill to prevent Fed- numbers. Social Security numbers as part of the eral, State, and local entities from Sec. 4. Application of Prohibition of the dis- Social Security program. Since that printing social security numbers on play, sale, or purchase of Social time, Social Security numbers have be- government checks and to prohibit Security numbers to public come the best known and easiest way government entities from employing records. to identify individuals in the United prisoners in jobs like data entry that Sec. 5. Rulemaking authority of the Attor- States. gave them access to people’s social se- ney General. Sec. 6. Limits on personal disclosure of a So- Use of these numbers has expanded curity numbers. well beyond their original purpose. So- cial Security number for con- But comprehensive legislation is still sumer transactions. cial Security numbers are now used for needed. Sec. 7. Extension of civil monetary penalties everything from credit checks to rental The U.S. Government Accountability for misuse of a Social Security agreements to employment verifica- Office conducted studies of this prob- number. tions, among other purposes. They can lem in 2002 and 2007. Both times—in Sec. 8. Criminal penalties for the misuse of be found in privately held databases studies entitled Social Security Num- a Social Security number. and on public records, including mar- bers Are Widely Used by Government Sec. 9. Civil actions and civil penalties. riage licenses, professional certifi- and Could Be Better Protected and So- Sec. 10. Federal injunctive authority. cations, and countless other public doc- cial Security numbers: Use Is Wide- SEC. 2. FINDINGS. uments, many of which are available spread and Could Be Improved, the Congress makes the following findings: (1) The inappropriate display, sale, or pur- on the Internet. GAO concluded that current protec- chase of Social Security numbers has con- Once accessed, the numbers act like tions are insufficient and that serious tributed to a growing range of illegal activi- keys, allowing thieves to open credit vulnerabilities remain. ties, including fraud, identity theft, and, in card and bank accounts and even begin The Protecting the Privacy of Social some cases, stalking and other violent applying for government benefits. Security Numbers Act would require crimes.

VerDate Mar 15 2010 01:14 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.008 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3818 CONGRESSIONAL RECORD — SENATE June 15, 2011 (2) While financial institutions, health care (c), the person displaying or seeking to dis- Act, the impact of such uses on privacy and providers, and other entities have often used play, selling or attempting to sell, or pur- data security, and shall evaluate whether Social Security numbers to confirm the chasing or attempting to purchase, an indi- such uses should be continued or discon- identity of an individual, the general display vidual’s Social Security number shall— tinued by appropriate legislative action. to the public, sale, or purchase of these num- ‘‘(1) inform the individual of the general (2) REPORT.—Not later than 1 year after bers has been used to commit crimes, and purpose for which the number will be used, the date of enactment of this Act, the Attor- also can result in serious invasions of indi- the types of persons to whom the number ney General shall report to Congress findings vidual privacy. may be available, and the scope of trans- under this subsection. The report shall in- (3) The Federal Government requires vir- actions permitted by the consent; and clude such recommendations for legislation tually every individual in the United States ‘‘(2) obtain the affirmatively expressed based on criteria the Attorney General de- to obtain and maintain a Social Security consent (electronically or in writing) of the termines to be appropriate. number in order to pay taxes, to qualify for individual. (c) EFFECTIVE DATE.—The amendments Social Security benefits, or to seek employ- ‘‘(e) EXCEPTIONS.—Nothing in this section made by this section shall take effect on the ment. An unintended consequence of these shall be construed to prohibit or limit the date that is 30 days after the date on which requirements is that Social Security num- display, sale, or purchase of a Social Secu- the final regulations promulgated under sec- bers have become one of the tools that can rity number— tion 5 are published in the Federal Register. be used to facilitate crime, fraud, and inva- ‘‘(1) required, authorized, or excepted SEC. 4. APPLICATION OF PROHIBITION OF THE sions of the privacy of the individuals to under any Federal law; DISPLAY, SALE, OR PURCHASE OF whom the numbers are assigned. Because the ‘‘(2) for a public health purpose, including SOCIAL SECURITY NUMBERS TO PUBLIC RECORDS. Federal Government created and maintains the protection of the health or safety of an (a) PUBLIC RECORDS EXCEPTION.— this system, and because the Federal Gov- individual in an emergency situation; (1) IN GENERAL.—Chapter 47 of title 18, ernment does not permit individuals to ex- ‘‘(3) for a national security purpose; United States Code (as amended by section empt themselves from those requirements, it ‘‘(4) for a law enforcement purpose, includ- 3(a)(1)), is amended by inserting after section is appropriate for the Federal Government to ing the investigation of fraud and the en- 1028B the following: take steps to stem the abuse of Social Secu- forcement of a child support obligation; ‘‘§ 1028C. Display, sale, or purchase of public rity numbers. ‘‘(5) if the display, sale, or purchase of the records containing Social Security num- (4) The display, sale, or purchase of Social number is for a use occurring as a result of bers Security numbers in no way facilitates unin- an interaction between businesses, govern- hibited, robust, and wide-open public debate, ments, or business and government (regard- ‘‘(a) DEFINITION.—In this section, the term and restrictions on such display, sale, or pur- less of which entity initiates the inter- ‘public record’ means any governmental chase would not affect public debate. action), including, but not limited to— record that is made available to the general public. (5) No one should seek to profit from the ‘‘(A) the prevention of fraud (including display, sale, or purchase of Social Security ‘‘(b) IN GENERAL.—Except as provided in fraud in protecting an employee’s right to subsections (c), (d), and (e), section 1028B numbers in circumstances that create a sub- employment benefits); stantial risk of physical, emotional, or finan- shall not apply to a public record. ‘‘(B) the facilitation of credit checks or the ‘‘(c) PUBLIC RECORDS ON THE INTERNET OR IN cial harm to the individuals to whom those facilitation of background checks of employ- AN ELECTRONIC MEDIUM.— numbers are assigned. ees, prospective employees, or volunteers; ‘‘(1) IN GENERAL.—Section 1028B shall apply (6) Consequently, this Act provides each in- ‘‘(C) the retrieval of other information to any public record first posted onto the dividual that has been assigned a Social Se- from other businesses, commercial enter- Internet or provided in an electronic medium curity number some degree of protection prises, government entities, or private non- by, or on behalf of a government entity after from the display, sale, and purchase of that profit organizations; or the date of enactment of this section, except number in any circumstance that might fa- ‘‘(D) when the transmission of the number as limited by the Attorney General in ac- cilitate unlawful conduct. is incidental to, and in the course of, the cordance with paragraph (2). SEC. 3. PROHIBITION OF THE DISPLAY, SALE, OR sale, lease, franchising, or merger of all, or a ‘‘(2) EXCEPTION FOR GOVERNMENT ENTITIES PURCHASE OF SOCIAL SECURITY portion of, a business; ALREADY PLACING PUBLIC RECORDS ON THE NUMBERS. ‘‘(6) if the transfer of such a number is part INTERNET OR IN ELECTRONIC FORM.—Not later (a) PROHIBITION.— of a data matching program involving a Fed- than 60 days after the date of enactment of (1) IN GENERAL.—Chapter 47 of title 18, eral, State, or local agency; or this section, the Attorney General shall United States Code, is amended by inserting ‘‘(7) if such number is required to be sub- issue regulations regarding the applicability after section 1028A the following: mitted as part of the process for applying for of section 1028B to any record of a category ‘‘§ 1028B. Prohibition of the display, sale, or any type of Federal, State, or local govern- of public records first posted onto the Inter- purchase of Social Security numbers ment benefit or program; net or provided in an electronic medium by, ‘‘(a) DEFINITIONS.—In this section: except that, nothing in this subsection shall or on behalf of a government entity prior to ‘‘(1) DISPLAY.—The term ‘display’ means to be construed as permitting a professional or the date of enactment of this section. The intentionally communicate or otherwise commercial user to display or sell a Social regulations will determine which individual make available (on the Internet or in any Security number to the general public. records within categories of records of these other manner) to the general public an indi- ‘‘(f) LIMITATION.—Nothing in this section government entities, if any, may continue to vidual’s Social Security number. shall prohibit or limit the display, sale, or be posted on the Internet or in electronic ‘‘(2) PERSON.—The term ‘person’ means any purchase of Social Security numbers as per- form after the effective date of this section. individual, partnership, corporation, trust, mitted under title V of the Gramm-Leach- In promulgating these regulations, the At- estate, cooperative, association, or any other Bliley Act, or for the purpose of affiliate torney General may include in the regula- entity. sharing as permitted under the Fair Credit tions a set of procedures for implementing ‘‘(3) PURCHASE.—The term ‘purchase’ Reporting Act, except that no entity regu- the regulations and shall consider the fol- means providing directly or indirectly, any- lated under such Acts may make Social Se- lowing: thing of value in exchange for a Social Secu- curity numbers available to the general pub- ‘‘(A) The cost and availability of tech- rity number. lic, as may be determined by the appropriate nology available to a governmental entity to ‘‘(4) SALE.—The term ‘sale’ means obtain- regulators under such Acts. For purposes of redact Social Security numbers from public ing, directly or indirectly, anything of value this subsection, the general public shall not records first provided in electronic form in exchange for a Social Security number. include affiliates or unaffiliated third-party after the effective date of this section. ‘‘(5) STATE.—The term ‘State’ means any business entities as may be defined by the ‘‘(B) The cost or burden to the general pub- State of the United States, the District of appropriate regulators.’’. lic, businesses, commercial enterprises, non- Columbia, Puerto Rico, the Northern Mar- (2) CONFORMING AMENDMENT.—The chapter profit organizations, and to Federal, State, iana Islands, the United States Virgin Is- analysis for chapter 47 of title 18, United and local governments of complying with lands, Guam, American Samoa, and any ter- States Code, is amended by inserting after section 1028B with respect to such records. ritory or possession of the United States. the item relating to section 1028 the fol- ‘‘(C) The benefit to the general public, ‘‘(b) LIMITATION ON DISPLAY.—Except as lowing: businesses, commercial enterprises, non- provided in section 1028C, no person may dis- ‘‘1028B. Prohibition of the display, sale, or profit organizations, and to Federal, State, play any individual’s Social Security num- purchase of Social Security and local governments if the Attorney Gen- ber to the general public without the affirm- numbers.’’. eral were to determine that section 1028B atively expressed consent of the individual. should apply to such records. ‘‘(c) LIMITATION ON SALE OR PURCHASE.— (b) STUDY; REPORT.— Except as otherwise provided in this section, (1) IN GENERAL.—The Attorney General Nothing in the regulation shall permit a pub- no person may sell or purchase any individ- shall conduct a study and prepare a report on lic entity to post a category of public records ual’s Social Security number without the af- all of the uses of Social Security numbers on the Internet or in electronic form after firmatively expressed consent of the indi- permitted, required, authorized, or excepted the effective date of this section if such cat- vidual. under any Federal law. The report shall in- egory had not been placed on the Internet or ‘‘(d) PREREQUISITES FOR CONSENT.—In order clude a detailed description of the uses al- in electronic form prior to such effective for consent to exist under subsection (b) or lowed as of the date of enactment of this date.

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‘‘(d) HARVESTED SOCIAL SECURITY NUM- forcement, and for the promotion of home- SEC. 6. LIMITS ON PERSONAL DISCLOSURE OF A BERS.—Section 1028B shall apply to any pub- land security; SOCIAL SECURITY NUMBER FOR lic record of a government entity which con- (D) a review of the disadvantages or draw- CONSUMER TRANSACTIONS. tains Social Security numbers extracted backs of public records that contain Social (a) IN GENERAL.—Part A of title XI of the from other public records for the purpose of Security numbers, including criminal activ- Social Security Act (42 U.S.C. 1301 et seq.) is displaying or selling such numbers to the ity, compromised personal privacy, or amended by adding at the end the following: general public. threats to homeland security; ‘‘SEC. 1150A. LIMITS ON PERSONAL DISCLOSURE OF A SOCIAL SECURITY NUMBER ‘‘(e) ATTORNEY GENERAL RULEMAKING ON (E) the costs and benefits for State and FOR CONSUMER TRANSACTIONS. PAPER RECORDS.— local governments of removing Social Secu- ‘‘(a) IN GENERAL.—A commercial entity ‘‘(1) IN GENERAL.—Not later than 60 days rity numbers from public records, including may not require an individual to provide the after the date of enactment of this section, a review of current technologies and proce- individual’s Social Security number when the Attorney General shall determine the dures for removing Social Security numbers purchasing a commercial good or service or feasibility and advisability of applying sec- from public records; and deny an individual the good or service for re- tion 1028B to the records listed in paragraph (F) an assessment of the benefits and costs fusing to provide that number except— (2) when they appear on paper or on another to businesses, their customers, and the gen- ‘‘(1) for any purpose relating to— nonelectronic medium. If the Attorney Gen- eral public of prohibiting the display of So- ‘‘(A) obtaining a consumer report for any eral deems it appropriate, the Attorney Gen- cial Security numbers on public records purpose permitted under the Fair Credit Re- eral may issue regulations applying section (with separate assessments for both paper porting Act; 1028B to such records. records and electronic records). ‘‘(B) a background check of the individual ‘‘(2) LIST OF PAPER AND OTHER NONELEC- (c) EFFECTIVE DATE.—The prohibition with conducted by a landlord, lessor, employer, TRONIC RECORDS.—The records listed in this respect to electronic versions of new classes voluntary service agency, or other entity as paragraph are as follows: of public records under section 1028C(b) of determined by the Attorney General; ‘‘(A) Professional or occupational licenses. title 18, United States Code (as added by sub- ‘‘(C) law enforcement; or ‘‘(B) Marriage licenses. section (a)(1)) shall not take effect until the ‘‘(D) a Federal, State, or local law require- ‘‘(C) Birth certificates. date that is 60 days after the date of enact- ment; or ‘‘(D) Death certificates. ment of this Act. ‘‘(2) if the Social Security number is nec- ‘‘(E) Other short public documents that essary to verify the identity of the consumer display a Social Security number in a rou- SEC. 5. RULEMAKING AUTHORITY OF THE ATTOR- to effect, administer, or enforce the specific tine and consistent manner on the face of NEY GENERAL. transaction requested or authorized by the the document. (a) IN GENERAL.—Except as provided in consumer, or to prevent fraud. ‘‘(3) CRITERIA FOR ATTORNEY GENERAL RE- subsection (b), the Attorney General may ‘‘(b) APPLICATION OF CIVIL MONEY PEN- VIEW.—In determining whether section 1028B prescribe such rules and regulations as the ALTIES.—A violation of this section shall be should apply to the records listed in para- Attorney General deems necessary to carry deemed to be a violation of section graph (2), the Attorney General shall con- out the provisions of section 1028B(e)(5) of 1129(a)(3)(F). sider the following: title 18, United States Code (as added by sec- ‘‘(c) APPLICATION OF CRIMINAL PENALTIES.— ‘‘(A) The cost or burden to the general pub- tion 3(a)(1)). A violation of this section shall be deemed to be a violation of section 208(a)(8). lic, businesses, commercial enterprises, non- (b) DISPLAY, SALE, OR PURCHASE RULE- profit organizations, and to Federal, State, ‘‘(d) LIMITATION ON CLASS ACTIONS.—No MAKING WITH RESPECT TO INTERACTIONS BE- class action alleging a violation of this sec- and local governments of complying with TWEEN BUSINESSES, GOVERNMENTS, OR BUSI- section 1028B. tion shall be maintained under this section NESS AND GOVERNMENT.— by an individual or any private party in Fed- ‘‘(B) The benefit to the general public, (1) IN GENERAL.—Not later than 1 year after businesses, commercial enterprises, non- eral or State court. the date of enactment of this Act, the Attor- ‘‘(e) STATE ATTORNEY GENERAL ENFORCE- profit organizations, and to Federal, State, ney General, in consultation with the Com- MENT.— and local governments if the Attorney Gen- missioner of Social Security, the Chairman ‘‘(1) IN GENERAL.— eral were to determine that section 1028B of the Federal Trade Commission, and such ‘‘(A) CIVIL ACTIONS.—In any case in which should apply to such records.’’. other heads of Federal agencies as the Attor- the attorney general of a State has reason to (2) CONFORMING AMENDMENT.—The chapter ney General determines appropriate, shall believe that an interest of the residents of analysis for chapter 47 of title 18, United conduct such rulemaking procedures in ac- that State has been or is threatened or ad- States Code (as amended by section 3(a)(2)), cordance with subchapter II of chapter 5 of versely affected by the engagement of any is amended by inserting after the item relat- title 5, United States Code, as are necessary person in a practice that is prohibited under ing to section 1028B the following: to promulgate regulations to implement and this section, the State, as parens patriae, ‘‘1028C. Display, sale, or purchase of public clarify the uses occurring as a result of an may bring a civil action on behalf of the resi- records containing Social Secu- interaction between businesses, govern- dents of the State in a district court of the rity numbers.’’. ments, or business and government (regard- United States of appropriate jurisdiction (b) STUDY AND REPORT ON SOCIAL SECURITY less of which entity initiates the interaction) to— NUMBERS IN PUBLIC RECORDS.— permitted under section 1028B(e)(5) of title ‘‘(i) enjoin that practice; (1) STUDY.—The Comptroller General of the 18, United States Code (as added by section ‘‘(ii) enforce compliance with such section; United States shall conduct a study and pre- 3(a)(1)). ‘‘(iii) obtain damages, restitution, or other pare a report on Social Security numbers in (2) FACTORS TO BE CONSIDERED.—In promul- compensation on behalf of residents of the public records. In developing the report, the gating the regulations required under para- State; or Comptroller General shall consult with the graph (1), the Attorney General shall, at a ‘‘(iv) obtain such other relief as the court Administrative Office of the United States minimum, consider the following: may consider appropriate. Courts, State and local governments that (A) The benefit to a particular business, to ‘‘(B) NOTICE.— store, maintain, or disseminate public customers of the business, and to the general ‘‘(i) IN GENERAL.—Before filing an action records, and other stakeholders, including public of the display, sale, or purchase of an under subparagraph (A), the attorney gen- members of the private sector who routinely individual’s Social Security number. eral of the State involved shall provide to use public records that contain Social Secu- (B) The costs that businesses, customers of the Attorney General— rity numbers. businesses, and the general public may incur ‘‘(I) written notice of the action; and (2) REPORT.—Not later than 1 year after as a result of prohibitions on the display, ‘‘(II) a copy of the complaint for the ac- the date of enactment of this Act, the Comp- sale, or purchase of Social Security numbers. tion. troller General of the United States shall (C) The risk that a particular business ‘‘(ii) EXEMPTION.— submit to Congress a report on the study practice will promote the use of a Social Se- ‘‘(I) IN GENERAL.—Clause (i) shall not apply conducted under paragraph (1). The report curity number to commit fraud, deception, with respect to the filing of an action by an shall include a detailed description of the ac- or crime. attorney general of a State under this sub- tivities and results of the study and rec- (D) The presence of adequate safeguards, section, if the State attorney general deter- ommendations for such legislative action as procedures, and technologies to prevent— mines that it is not feasible to provide the the Comptroller General considers appro- (i) misuse of Social Security numbers by notice described in such subparagraph before priate. The report, at a minimum, shall in- employees within a business; and the filing of the action. clude— (ii) misappropriation of Social Security ‘‘(II) NOTIFICATION.—With respect to an ac- (A) a review of the uses of Social Security numbers by the general public, while permit- tion described in subclause (I), the attorney numbers in non-federal public records; ting internal business uses of such numbers. general of a State shall provide notice and a (B) a review of the manner in which public (E) The presence of procedures to prevent copy of the complaint to the Attorney Gen- records are stored (with separate reviews for identity thieves, stalkers, and other individ- eral at the same time as the State attorney both paper records and electronic records); uals with ill intent from posing as legitimate general files the action. (C) a review of the advantages or utility of businesses to obtain Social Security num- ‘‘(2) INTERVENTION.— public records that contain Social Security bers. ‘‘(A) IN GENERAL.—On receiving notice numbers, including the utility for law en- (F) The impact of such uses on privacy. under paragraph (1)(B), the Attorney General

VerDate Mar 15 2010 01:14 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.009 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3820 CONGRESSIONAL RECORD — SENATE June 15, 2011 shall have the right to intervene in the ac- closure of, a fact which the individual knows card issued by the Commissioner of Social tion that is the subject of the notice. or should know is material to the determina- Security, or possesses such a card with in- ‘‘(B) EFFECT OF INTERVENTION.—If the At- tion of any initial or continuing right to or tent to display, purchase, or sell it; torney General intervenes in the action the amount of monthly insurance benefits ‘‘(E) counterfeits a Social Security card, or under paragraph (1), the Attorney General under title II or benefits or payments under possesses a counterfeit Social Security card shall have the right to be heard with respect title VIII or XVI and the individual knows, with intent to display, sell, or purchase it; to any matter that arises in that action. or should know, that the statement or rep- ‘‘(F) discloses, uses, compels the disclosure ‘‘(3) CONSTRUCTION.—For purposes of bring- resentation with such omission is false or of, or knowingly displays, sells, or purchases ing any civil action under paragraph (1), misleading or that the withholding of such the Social Security account number of any nothing in this section shall be construed to disclosure is misleading, shall be subject to’’; person in violation of the laws of the United prevent an attorney general of a State from (C) by inserting ‘‘or each receipt of such States; exercising the powers conferred on such at- benefits while withholding disclosure of such ‘‘(G) with intent to deceive the Commis- torney general by the laws of that State to— fact’’ after ‘‘each such statement or rep- sioner of Social Security as to such person’s ‘‘(A) conduct investigations; resentation’’; true identity (or the true identity of any ‘‘(B) administer oaths or affirmations; or (D) by inserting ‘‘or because of such with- other person) furnishes or causes to be fur- ‘‘(C) compel the attendance of witnesses or holding of disclosure of a material fact’’ nished false information to the Commis- the production of documentary and other after ‘‘because of such statement or rep- sioner with respect to any information re- evidence. resentation’’; and quired by the Commissioner in connection ‘‘(4) ACTIONS BY THE ATTORNEY GENERAL OF (E) by inserting ‘‘or such a withholding of with the establishment and maintenance of THE UNITED STATES.—In any case in which an disclosure’’ after ‘‘such a statement or rep- the records provided for in section 205(c)(2); action is instituted by or on behalf of the At- resentation’’. ‘‘(H) offers, for a fee, to acquire for any in- torney General for violation of a practice (2) ADMINISTRATIVE PROCEDURE FOR IMPOS- dividual, or to assist in acquiring for any in- that is prohibited under this section, no ING PENALTIES.—The first sentence of section dividual, an additional Social Security ac- State may, during the pendency of that ac- 1129A(a) of the Social Security Act (42 U.S.C. count number or a number which purports to tion, institute an action under paragraph (1) 1320a–8a(a)) is amended— be a Social Security account number; or against any defendant named in the com- (A) by striking ‘‘who’’ and inserting ‘‘(I) being an officer or employee of a Fed- plaint in that action for violation of that ‘‘who—’’; and eral, State, or local agency in possession of practice. (B) by striking ‘‘makes’’ and all that fol- any individual’s Social Security account ‘‘(5) VENUE; SERVICE OF PROCESS.— lows through ‘‘shall be subject to’’ and in- number, willfully acts or fails to act so as to ‘‘(A) VENUE.—Any action brought under serting the following: cause a violation by such agency of clause paragraph (1) may be brought in the district ‘‘(1) makes, or causes to be made, a state- (vi)(II) or (x) of section 205(c)(2)(C), shall be court of the United States that meets appli- ment or representation of a material fact, subject to, in addition to any other penalties cable requirements relating to venue under for use in determining any initial or con- that may be prescribed by law, a civil money section 1391 of title 28, United States Code. tinuing right to or the amount of monthly penalty of not more than $5,000 for each vio- insurance benefits under title II or benefits ‘‘(B) SERVICE OF PROCESS.—In an action lation. Such person shall also be subject to brought under paragraph (1), process may be or payments under title VIII or XVI, that the an assessment, in lieu of damages sustained served in any district in which the defend- person knows or should know is false or mis- by the United States resulting from such ant— leading; violation, of not more than twice the ‘‘(i) is an inhabitant; or ‘‘(2) makes such a statement or representa- amount of any benefits or payments paid as ‘‘(ii) may be found. tion for such use with knowing disregard for a result of such violation.’’. ‘‘(f) SUNSET.—This section shall not apply the truth; or (c) CLARIFICATION OF TREATMENT OF RECOV- on or after the date that is 6 years after the ‘‘(3) omits from a statement or representa- ERED AMOUNTS.—Section 1129(e)(2)(B) of the effective date of this section.’’. tion for such use, or otherwise withholds dis- Social Security Act (42 U.S.C. 1320a– (b) EVALUATION AND REPORT.—Not later closure of, a fact which the individual knows than the date that is 6 years and 6 months or should know is material to the determina- 8(e)(2)(B)) is amended by striking ‘‘In the after the date of enactment of this Act, the tion of any initial or continuing right to or case of amounts recovered arising out of a Attorney General, in consultation with the the amount of monthly insurance benefits determination relating to title VIII or XVI,’’ chairman of the Federal Trade Commission, under title II or benefits or payments under and inserting ‘‘In the case of any other shall issue a report evaluating the effective- title VIII or XVI and the individual knows, amounts recovered under this section,’’. ness and efficiency of section 1150A of the or should know, that the statement or rep- (d) CONFORMING AMENDMENTS.— Social Security Act (as added by subsection resentation with such omission is false or (1) Section 1129(b)(3)(A) of the Social Secu- (a)) and shall make recommendations to misleading or that the withholding of such rity Act (42 U.S.C. 1320a–8(b)(3)(A)) is amend- Congress as to any legislative action deter- disclosure is misleading, shall be subject to’’. ed by striking ‘‘charging fraud or false state- mined to be necessary or advisable with re- (b) APPLICATION OF CIVIL MONEY PENALTIES ments’’. spect to such section, including a rec- TO ELEMENTS OF CRIMINAL VIOLATIONS.—Sec- (2) Section 1129(c)(1) of the Social Security ommendation regarding whether to reau- tion 1129(a) of the Social Security Act (42 Act (42 U.S.C. 1320a–8(c)(1)) is amended by thorize such section. U.S.C. 1320a–8(a)), as amended by subsection striking ‘‘and representations’’ and inserting (c) EFFECTIVE DATE.—The amendment (a)(1), is amended— ‘‘, representations, or actions’’. made by subsection (a) shall apply to re- (1) by redesignating paragraph (2) as para- (3) Section 1129(e)(1)(A) of the Social Secu- quests to provide a Social Security number graph (4); rity Act (42 U.S.C. 1320a–8(e)(1)(A)) is amend- occurring after the date that is 1 year after (2) by redesignating the last sentence of ed by striking ‘‘statement or representation the date of enactment of this Act. paragraph (1) as paragraph (2) and inserting referred to in subsection (a) was made’’ and SEC. 7. EXTENSION OF CIVIL MONETARY PEN- such paragraph after paragraph (1); and inserting ‘‘violation occurred’’. ALTIES FOR MISUSE OF A SOCIAL (3) by inserting after paragraph (2) (as so SECURITY NUMBER. redesignated) the following: (e) EFFECTIVE DATES.— (a) TREATMENT OF WITHHOLDING OF MATE- ‘‘(3) Any person (including an organization, (1) IN GENERAL.—Except as provided in RIAL FACTS.— agency, or other entity) who— paragraph (2), the amendments made by this (1) CIVIL PENALTIES.—The first sentence of ‘‘(A) uses a Social Security account num- section shall apply with respect to violations section 1129(a)(1) of the Social Security Act ber that such person knows or should know of sections 1129 and 1129A of the Social Secu- (42 U.S.C. 1320a–8(a)(1)) is amended— has been assigned by the Commissioner of rity Act (42 U.S.C. 1320–8 and 1320a–8a), as (A) by striking ‘‘who’’ and inserting Social Security (in an exercise of authority amended by this section, committed after ‘‘who—’’; under section 205(c)(2) to establish and main- the date of enactment of this Act. (B) by striking ‘‘makes’’ and all that fol- tain records) on the basis of false informa- (2) VIOLATIONS BY GOVERNMENT AGENTS IN lows through ‘‘shall be subject to’’ and in- tion furnished to the Commissioner by any POSSESSION OF SOCIAL SECURITY NUMBERS.— serting the following: person; Section 1129(a)(3)(I) of the Social Security ‘‘(A) makes, or causes to be made, a state- ‘‘(B) falsely represents a number to be the Act (42 U.S.C. 1320a–8(a)(3)(I)), as added by ment or representation of a material fact, Social Security account number assigned by subsection (b), shall apply with respect to for use in determining any initial or con- the Commissioner of Social Security to any violations of that section occurring on or tinuing right to or the amount of monthly individual, when such person knows or after the effective date described in section insurance benefits under title II or benefits should know that such number is not the So- 3(c). or payments under title VIII or XVI, that the cial Security account number assigned by (f) REPEAL.—Section 201 of the Social Secu- person knows or should know is false or mis- the Commissioner to such individual; rity Protection Act of 2004 is repealed. leading; ‘‘(C) knowingly alters a Social Security ‘‘(B) makes such a statement or represen- card issued by the Commissioner of Social SEC. 8. CRIMINAL PENALTIES FOR THE MISUSE tation for such use with knowing disregard Security, or possesses such a card with in- OF A SOCIAL SECURITY NUMBER. for the truth; or tent to alter it; (a) PROHIBITION OF WRONGFUL USE AS PER- ‘‘(C) omits from a statement or representa- ‘‘(D) knowingly displays, sells, or pur- SONAL IDENTIFICATION NUMBER.—No person tion for such use, or otherwise withholds dis- chases a card that is, or purports to be, a may obtain any individual’s Social Security

VerDate Mar 15 2010 01:14 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.009 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3821 number for purposes of locating or identi- Act (42 U.S.C. 1320a–7a), other than sub- years ago, today there is less demand fying an individual with the intent to phys- sections (a), (b), (f), (h), (i), (j), (m), and (n) than there was 2 years ago; therefore, ically injure, harm, or use the identity of the and the first sentence of subsection (c) of oil prices should be substantially lower individual for any illegal purpose. such section, and the provisions of sub- than was the case 2 years ago. The fact, (b) CRIMINAL SANCTIONS.—Section 208(a) of sections (d) and (e) of section 205 of such Act the Social Security Act (42 U.S.C. 408(a)) is (42 U.S.C. 405) shall apply to a civil penalty however, is just the opposite. In amended— action under this subsection in the same Vermont today, gas prices are $3.80 a (1) in paragraph (8), by inserting ‘‘or’’ after manner as such provisions apply to a penalty gallon. Two years ago, they were ap- the semicolon; and or proceeding under section 1128A(a) of such proximately $2.44 a gallon. So the ex- (2) by inserting after paragraph (8) the fol- Act (42 U.S.C. 1320a–7a(a)), except that, for planation of supply and demand in lowing: purposes of this paragraph, any reference in terms of why oil prices have soared ‘‘(9) except as provided in subsections (e) section 1128A of such Act (42 U.S.C. 1320a–7a) and (f) of section 1028B of title 18, United just does not carry any weight. to the Secretary shall be deemed to be a ref- While we cannot ignore the fact that States Code, knowingly and willfully dis- erence to the Attorney General. plays, sells, or purchases (as those terms are big oil companies have been gouging SEC. 10. FEDERAL INJUNCTIVE AUTHORITY. defined in section 1028B(a) of title 18, United consumers at the pump for years and In addition to any other enforcement au- States Code) any individual’s Social Secu- have made almost $1 trillion in profits rity account number without having met the thority conferred under this Act or the amendments made by this Act, the Federal over the past decade, there is mounting prerequisites for consent under section evidence that the increased price of 1028B(d) of title 18, United States Code; or Government shall have injunctive authority ‘‘(10) obtains any individual’s Social Secu- with respect to any violation by a public en- gasoline and oil has nothing to do with rity number for the purpose of locating or tity of any provision of this Act or of any supply and demand and everything to identifying the individual with the intent to amendments made by this Act. do with Wall Street speculators who injure or to harm that individual, or to use are dominating the oil futures market the identity of that individual for an illegal By Mr. SANDERS (for himself, and driving prices up, up, and up. Ten purpose;’’. Mr. NELSON of Florida, Mr. years ago, speculators only controlled SEC. 9. CIVIL ACTIONS AND CIVIL PENALTIES. BLUMENTHAL, Mr. MERKLEY, Mr. about 30 percent of that market. (a) CIVIL ACTION IN STATE COURTS.— FRANKEN, and Mr. WHITEHOUSE): Today, Wall Street speculators control (1) IN GENERAL.—Any individual aggrieved S. 1200. A bill to require the Chair- by an act of any person in violation of this over 80 percent—over 80 percent—of the man of the Commodity Futures Trad- oil futures market, and many of them Act or any amendments made by this Act ing Commission to impose unilaterally may, if otherwise permitted by the laws or will never use one drop of that oil. So rules of the court of a State, bring in an ap- position limits and margin require- we are not talking about airlines that propriate court of that State— ments to eliminate excessive oil specu- use gas and oil. We are not talking (A) an action to enjoin such violation; lation, and to take other actions to en- about trucking companies. We are not (B) an action to recover for actual mone- sure that the price of crude oil, gaso- talking about home heating companies. tary loss from such a violation, or to receive line, diesel fuel, jet fuel, and heating up to $500 in damages for each such viola- We are talking about speculators oil accurately reflects the fundamen- whose only function in this entire proc- tion, whichever is greater; or tals of supply and demand, to remain (C) both such actions. ess is to make as much money as they in effect until the date on which the can by raising prices and then selling. It shall be an affirmative defense in any ac- Commission establishes position limits tion brought under this paragraph that the This is not just Senator BERNIE defendant has established and implemented, to diminish, eliminate, or prevent ex- SANDERS making this point. Let me with due care, reasonable practices and pro- cessive speculation as required by title quote from a June 2 article from the cedures to effectively prevent violations of VII of the Dodd-Frank Wall Street Re- Wall Street Journal: the regulations prescribed under this Act. If form and Consumer Protection Act, Wall Street is tapping a real gusher in 2011, the court finds that the defendant willfully and for other purposes; to the Com- as heightened volatility and higher prices of or knowingly violated the regulations pre- mittee on Agriculture, Nutrition, and oil and other raw materials boost banks’ scribed under this subsection, the court may, Forestry. profits . . . by 55 percent in the first quarter. in its discretion, increase the amount of the award to an amount equal to not more than Mr. SANDERS. Mr. President, I Banks’ profits are soaring as a result 3 times the amount available under subpara- think every American understands of oil speculation. That is the fact. It is graph (B). that the very high price of oil and gas not just the Wall Street Journal. The (2) STATUTE OF LIMITATIONS.—An action is having a very negative impact on CEO of ExxonMobil, Rex Tillerson, in may be commenced under this subsection our fragile economic recovery. Also, in response to a question at a recent Sen- not later than the earlier of— rural States, such as Vermont, Mon- ate hearing, estimated that speculation (A) 5 years after the date on which the al- tana, and other rural States, it is leged violation occurred; or was driving up the price of a barrel of (B) 3 years after the date on which the al- wreaking real hardship on working oil by as much as 40 percent. That is leged violation was or should have been rea- people who in many cases drive long the CEO of ExxonMobil. He might sonably discovered by the aggrieved indi- distances to work. In Vermont cer- know something about that issue. vidual. tainly, it is not uncommon for people The general counsel of Delta Air- (3) NONEXCLUSIVE REMEDY.—The remedy to be driving 50 miles to their job and lines—a major consumer of fuel—Ben provided under this subsection shall be in ad- 50 miles back. When the price of gas Hirst, and the experts at Goldman dition to any other remedies available to the gets to be $3.80 a gallon or $4 a gallon, Sachs have all said that excessive spec- individual. (b) CIVIL PENALTIES.— it really hurts. When wages are stag- ulation is causing oil prices to spike by (1) IN GENERAL.—Any person who the At- nant, when many people have seen a 20 to 40 percent. torney General determines has violated any decline in their paychecks, high gas Even Saudi Arabia, the largest ex- section of this Act or of any amendments prices have just taken another chunk porter of oil in the world, told the Bush made by this Act shall be subject, in addi- out of their limited income. It is some- administration back in 2008—when the tion to any other penalties that may be pre- thing that as a Congress we have to ad- Bush administration went to them and scribed by law— dress. said: We need to drive prices down. (A) to a civil penalty of not more than The price of oil today, while declin- $5,000 for each such violation; and Produce more oil. Sell more oil—they (B) to a civil penalty of not more than ing somewhat in recent weeks, is still said that is not the problem. Saudi $50,000, if the violations have occurred with over $97 a barrel. In Vermont, it is over Arabia said: We have all the oil we such frequency as to constitute a general $3.80 a gallon at the pump. The theory need. The problem is speculation. And business practice. behind the setting of oil prices that we they estimated that speculation could (2) DETERMINATION OF VIOLATIONS.—Any learned in high school is that oil prices result in about $40 a barrel. willful violation committed contempora- are set by supply and demand. When In other words, the same Wall Street neously with respect to the Social Security there is limited supply and a lot of de- speculators who caused the worst fi- numbers of 2 or more individuals by means of mand, oil prices go up. When there is a nancial crisis since the 1930s through mail, telecommunication, or otherwise, shall be treated as a separate violation with re- lot of supply and limited demand, oil their greed, recklessness, and illegal spect to each such individual. prices should go down. behavior are back at it again, and this (3) ENFORCEMENT PROCEDURES.—The provi- So let’s be clear: The fact is today time they are ripping off the American sions of section 1128A of the Social Security there is more supply than there was 2 people by gambling that the price of oil

VerDate Mar 15 2010 01:14 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.009 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3822 CONGRESSIONAL RECORD — SENATE June 15, 2011 and gas will continue to go up and up I am pleased to announce that this This bill is about better habitat, better and in that process are driving the legislation already has the support of a recreational fishing opportunity as price of gas and oil up and up. very diverse group of organizations well as a better economy. Sadly—and this is the important representing small businesses, fuel Currently, our Nation’s efforts to ad- point—this spike in oil and gasoline dealers, consumers, workers, airlines, dress threats to fish species are often prices was entirely avoidable. This was and farmers. Some of those organiza- highly disjointed and not extensive avoidable. The Wall Street Reform Act tions are: Americans for Financial Re- enough to reverse this downward trend. that we passed last year, the Dodd- form; the Consumer Federation of Under the National Fish Habitat Con- Frank legislation, required—underline America; Delta Airlines; the Gasoline servation Act, Federal Government ‘‘required’’—the Commodity Futures and Automotive Service Dealers of agencies, State and local governments, Trading Commission to impose strict America; the International Brother- conservation groups, fishing industry limits on the amount of oil Wall Street hood of Teamsters; the Main Street Al- groups and related businesses will work speculators could trade in the energy liance; the National Farmers Union; together collectively for the first time futures market by January 17 of this New England Fuel Institute; Public to conserve and protect aquatic habi- year. Citizen; and the Vermont Fuel Dealers tats critical to our Nation. The Na- We passed legislation that said to the Association. This is just a few. tional Fish Habitat Conservation Act Commodity Futures Trading Commis- I want to thank all of those organiza- will also provide people with clean and sion: You have to impose rules by Jan- tions for their support. The American safe water supplies and improve eco- uary 17 with strict limits on excessive people are sick and tired of being systems through habitat conservation oil speculation. ripped off at the gas pump. People in projects that remediate problems on Mr. President, 6 months have come the northern States, whether it is and gone. They have not done what our waterways, including erosion, Vermont or Minnesota, worry about drainage issues and flooding. they were required to do. what the price of home heating oil will Almost 5 months later, the CFTC has This legislation leverages Federal, be next winter. What we are seeing now still not imposed those speculation re- State, and private funds to build re- in terms of excessively high oil and gas quirements. In other words, the chief gional partnerships aimed at address- prices has nothing to do with supply regulator on oil speculation is clearly ing the Nation’s biggest aquatic habi- breaking the law and is not doing what and demand and everything to do with tat problems. By directing critical re- he is supposed to be doing. Wall Street speculation. sources towards this cause through Last month I held a meeting in my This Congress has told the CFTC to partnerships, we can foster fish habitat office with Mr. Gary Gensler, who is act. They have failed to act. Now is the conservation efforts and improve the the Chairman of the CFTC, and six time for us to tell them exactly what quality of life for all Americans. Using other Senators. I have to tell you that must happen. a bottom-up approach, the goal of this I was extremely disappointed in both effort is to foster landscape scale, By Mr. LIEBERMAN (for himself, the tone of that meeting and the com- multi-state aquatic habitat improve- Mr. CRAPO, Mr. TESTER, Mr. plete lack of urgency at the CFTC with ments across the country that perpet- BINGAMAN, Ms. MURKOWSKI, Mr. respect to cracking down on oil specu- uate not only fishery resources but the WHITEHOUSE, Mr. BEGICH, Mr. lators as required by the law. tradition of recreational fishing, which CARDIN, and Mr. UDALL of Colo- Therefore, today I have introduced is enjoyed by many Americans, span- legislation, along with Senators rado: S. 1201. A bill to conserve fish and ning many generations. Over 40 million BLUMENTHAL, MERKLEY, FRANKEN, aquatic communities in the United anglers utilize our waterways on a WHITEHOUSE, and BILL NELSON to end States through partnerships that foster yearly basis, generating $45 billion dol- excessive speculation once and for all— lars in retail sales for the industry na- once and for all. The American people fish habitat conservation, to improve the quality of life for the people of the tionwide. That figure does not even in- cannot continue to be ripped off by clude Americans who utilize our water- Wall Street which is artificially driv- United States, and for other purposes; to the Committee on Environment and ways for other recreational purposes. ing up the price of oil and gas. The National Fish Habitat Conserva- I am very pleased to also announce Public Works. Mr. LIEBERMAN. Mr. President, I tion Act authorizes grants to be di- that Congressman MAURICE HINCHEY rected toward fish habitat projects will be introducing this legislation in rise to speak about the National Fish Habitat Conservation Act, which I am that are supported by regional Fish the House. This legislation mandates Habitat Partnerships. Based on the that the Chairman of the CFTC take introducing today along with my col- leagues Senators CRAPO, TESTER, highly successful North American Wet- immediate action to eliminate exces- lands Conservation Act model, this leg- sive oil speculation within 2 weeks—2 BINGAMAN, MURKOWSKI, WHITEHOUSE, BEGICH, CARDIN, and MARK UDALL. This islation establishes a multi-stake- weeks. holder National Fish Habitat Board One. Our bill requires the Chairman legislation would establish the most charged with recommending projects to to establish speculative oil position comprehensive effort ever attempted to the Secretary of Interior for assist- limits equal to the position account- treat the causes of fish habitat decline. ance. Regional Fish Habitat Partner- ability levels that have been in place Healthy waterways and robust fish ships are responsible for implementing at the New York Mercantile Exchange populations are vital to the well-being approved on-the-ground projects that since 2001. of our society and are a staple in many Two. This bill requires the Chairman cultures throughout the United States. are designed to protect, restore and en- of the CFTC to double the margin re- This bill will help provide clean water hance fish habitats and fish popu- quirements on speculative oil trading and sustainable fisheries in this coun- lations. so that Wall Street investment banks try and provide recreational value to The National Fish Habitat Conserva- back their bets with real capital. those who fish wild waters or canoe tion Act lays the foundation for a new Three. Under this bill, Goldman tranquil streams. This means more rec- paradigm of how to care for fish habi- Sachs, Morgan Stanley, and other Wall reational fishing opportunity, which tats, displaying why they should be re- Street investment banks engaged in translates into more jobs and economic stored and protected. This bill will proprietary oil trading would be classi- output. Currently, recreational fishing bring together all of the different fied as speculators instead of bona fide supports approximately one million groups that have a stake in the health hedgers. jobs and $45 billion in direct expendi- and productivity of our Nation’s fish Four. The Chairman of the CFTC tures. Today, nearly half, 40 percent, of habitats and I look forward to working would be required under this bill to our fish populations are in decline, with my colleagues to pass this impor- take any other action necessary to over 700 species in total, and 50 percent tant legislation and reverse the decline eliminate excessive speculation and en- of our Nation’s waters are impaired. of our ailing waterways and fisheries. sure that the price of oil accurately re- Unless we act in an informed and co- Mr. President, I ask unanimous con- flects the fundamentals of supply and ordinated fashion, fish habitats will sent that the text of the bill be printed demand. continue to be lost at a rapid pace. in the RECORD.

VerDate Mar 15 2010 01:14 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.015 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3823 There being no objection, the text of (B) resulted in economic losses to the with the mission and goals of the National the bill was ordered to be printed in United States; Fish Habitat Action Plan— the RECORD, as follows: (7)(A) providing for the conservation and (1) to protect and maintain intact and sustainability of fish and other aquatic orga- healthy aquatic habitats; S. 1201 nisms has not been fully realized, despite (2) to prevent further degradation of aquat- Be it enacted by the Senate and House of Rep- federally funded fish and wildlife restoration ic habitats that have been adversely af- resentatives of the United States of America in programs and other activities intended to fected; Congress assembled, conserve aquatic resources; and (3) to reverse declines in the quality and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (B) that conservation and sustainability quantity of aquatic habitats to improve the (a) SHORT TITLE.—This Act may be cited as may be significantly advanced through a re- overall health of fish and other aquatic orga- the ‘‘National Fish Habitat Conservation newed commitment and sustained, coopera- nisms; Act’’. tive efforts that are complementary to exist- (4) to increase the quality and quantity of (b) TABLE OF CONTENTS.—The table of con- ing fish and wildlife restoration programs aquatic habitats that support a broad nat- tents of this Act is as follows: and clean water programs; ural diversity of fish and other aquatic spe- Sec. 1. Short title; table of contents. (8) the National Fish Habitat Action Plan cies; Sec. 2. Findings; purpose. provides a framework for maintaining and (5) to improve fisheries habitat in a man- Sec. 3. Definitions. restoring aquatic habitats to ensure perpet- ner that leads to improvement of the annual Sec. 4. National Fish Habitat Board. uation of populations of fish and other economic output from recreational, subsist- Sec. 5. Fish habitat partnerships. aquatic organisms; ence, and commercial fishing; Sec. 6. Fish habitat conservation projects. (9) the United States can achieve signifi- (6) to ensure coordination and facilitation Sec. 7. National Fish Habitat Conservation cant progress toward providing aquatic habi- of activities carried out by Federal depart- Partnership Office. tats for the conservation and restoration of ments and agencies under the leadership of— Sec. 8. Technical and scientific assistance. fish and other aquatic organisms through a (A) the Director of the United States Fish Sec. 9. Conservation of aquatic habitat for voluntary, nonregulatory incentive program and Wildlife Service; fish and other aquatic orga- that is based on technical and financial as- (B) the Assistant Administrator for Fish- nisms on Federal land. sistance provided by the Federal Govern- eries of the National Oceanic and Atmos- Sec. 10. Coordination with States and Indian ment; pheric Administration; and tribes. (10) the creation of partnerships between (C) the Director of the United States Geo- Sec. 11. Accountability and reporting. local citizens, Indian tribes, Alaska Native logical Survey; and Sec. 12. Regulations. organizations, corporations, nongovern- (7) to achieve other purposes in accordance Sec. 13. Effect of Act. mental organizations, and Federal, State, with the mission and goals of the National Sec. 14. Nonapplicability of Federal Advi- and tribal agencies is critical to the success Fish Habitat Action Plan. of activities to restore aquatic habitats and sory Committee Act. SEC. 3. DEFINITIONS. Sec. 15. Funding. ecosystems; (11) the Federal Government has numerous In this Act: SEC. 2. FINDINGS; PURPOSE. regulatory and land and water management (1) APPROPRIATE CONGRESSIONAL COMMIT- (a) FINDINGS.—Congress finds that— agencies that are critical to the implementa- TEES.—The term ‘‘appropriate congressional (1) healthy populations of fish and other tion of the National Fish Habitat Action committees’’ means— aquatic organisms depend on the conserva- Plan, including— (A) the Committee on Commerce, Science, tion, protection, restoration, and enhance- (A) the United States Fish and Wildlife and Transportation and the Committee on ment of aquatic habitats in the United Service; Environment and Public Works of the Sen- States; (B) the Bureau of Land Management; ate; and (2) aquatic habitats (including wetlands, (C) the National Park Service; (B) the Committee on Natural Resources of streams, rivers, lakes, estuaries, coastal and (D) the Bureau of Reclamation; the House of Representatives. marine ecosystems, and associated riparian (E) the Bureau of Indian Affairs; (2) AQUATIC HABITAT.— upland habitats that buffer those areas from (F) the National Marine Fisheries Service; (A) IN GENERAL.—The term ‘‘aquatic habi- external factors) perform numerous valuable (G) the Forest Service; tat’’ means any area on which an aquatic or- environmental functions that sustain envi- (H) the Natural Resources Conservation ganism depends, directly or indirectly, to ronmental, social, and cultural values, in- Service; and carry out the life processes of the organism, cluding recycling nutrients, purifying water, (I) the Environmental Protection Agency; including an area used by the organism for attenuating floods, augmenting and main- (12) the United States Fish and Wildlife spawning, incubation, nursery, rearing, taining stream flows, recharging ground Service, the Forest Service, the Bureau of growth to maturity, food supply, or migra- water, acting as primary producers in the Land Management, and the National Marine tion. food chain, and providing essential and sig- Fisheries Service each play a vital role in— (B) INCLUSIONS.—The term ‘‘aquatic habi- nificant habitat for plants, fish, wildlife, and (A) the protection, restoration, and en- tat’’ includes an area adjacent to an aquatic other dependent species; hancement of the fish communities and environment, if the adjacent area— (3) the extensive and diverse aquatic habi- aquatic habitats in the United States; and (i) contributes an element, such as the tat resources of the United States are of (B) the development, operation, and long- input of detrital material or the promotion enormous significance to the economy of the term success of fish habitat partnerships and of a planktonic or insect population pro- United States, providing— project implementation; viding food, that makes fish life possible; (A) recreation for 44,000,000 anglers; (13) the United States Geological Survey, (ii) protects the quality and quantity of (B) more than 1,000,000 jobs and approxi- the United States Fish and Wildlife Service, water sources; mately $125,000,000,000 in economic impact and the National Marine Fisheries Service (iii) provides public access for the use of each year relating to recreational fishing; each play a vital role in scientific evalua- fishery resources; or and tion, data collection, and mapping for fish- (iv) serves as a buffer protecting the aquat- (C) approximately 500,000 jobs and an addi- ery resources in the United States; ic environment. tional $35,000,000,000 in economic impact each (14) the State and territorial fish and wild- (3) ASSISTANT ADMINISTRATOR.—The term year relating to commercial fishing; life agencies play a vital role in — ‘‘Assistant Administrator’’ means the As- (4) at least 40 percent of all threatened spe- (A) the protection, restoration, and en- sistant Administrator for Fisheries of the cies and endangered species in the United hancement of the fish communities and National Oceanic and Atmospheric Adminis- States are directly dependent on aquatic aquatic habitats in the respective States and tration. habitats; territories; and (4) BOARD.—The term ‘‘Board’’ means the (5) certain fish species are considered to be (B) the development, operation, and long- National Fish Habitat Board established by ecological indicators of aquatic habitat qual- term success of fish habitat partnerships and section 4(a)(1). ity, such that the presence of those species project implementation; and (5) CONSERVATION; CONSERVE; MANAGE; MAN- in an aquatic ecosystem reflects high-qual- (15) many of the programs for conservation AGEMENT.—The terms ‘‘conservation’’, ‘‘con- ity habitat for other fish; on private farmland, ranchland, and serve’’, ‘‘manage’’, and ‘‘management’’ mean (6) loss and degradation of aquatic habitat, forestland that are carried out by the Sec- to protect, sustain, and, where appropriate, riparian habitat, water quality, and water retary of Agriculture, including the Natural restore and enhance, using methods and pro- volume caused by activities such as alter- Resources Conservation Service and the cedures associated with modern scientific re- ation of watercourses, stream blockages, State and Private Forestry programs of the source programs (including protection, re- water withdrawals and diversions, erosion, Forest Service, are able to significantly con- search, census, law enforcement, habitat pollution, sedimentation, and destruction or tribute to the implementation of the Na- management, propagation, live trapping and modification of wetlands have— tional Fish Habitat Action Plan through the transplantation, and regulated taking)— (A) caused significant declines in fish pop- engagement of private landowners. (A) a healthy population of fish, wildlife, ulations throughout the United States, espe- (b) PURPOSE.—The purpose of this Act is to or plant life; cially declines in native fish populations; encourage partnerships among public agen- (B) a habitat required to sustain fish, wild- and cies and other interested parties consistent life, or plant life; or

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(C) a habitat required to sustain fish, wild- (2) MEMBERSHIP.—The Board shall be com- appoint the initial members of the Board de- life, or plant life productivity. posed of 27 members, of whom— scribed in subparagraphs (H) through (I) and (6) DIRECTOR.—The term ‘‘Director’’ means (A) 1 shall be the Director; (K) through (N) of subsection (a)(2). the Director of the United States Fish and (B) 1 shall be the Assistant Administrator; (B) TRIBAL REPRESENTATIVES.—Not later Wildlife Service. (C) 1 shall be the Chief of the Natural Re- than 180 days after the enactment of this (7) FISH.— sources Conservation Service; Act, the Secretary shall provide to the board (A) IN GENERAL.—The term ‘‘fish’’ means (D) 1 shall be the Chief of the Forest Serv- established by the National Fish Habitat Ac- any freshwater, diadromous, estuarine, or ice; tion Plan a recommendation of not less than marine finfish or shellfish. (E) 1 shall be the Assistant Administrator 4 tribal representatives, from which that (B) INCLUSIONS.—The term ‘‘fish’’ includes for Water of the Environmental Protection board shall appoint 2 representatives pursu- the egg, spawn, spat, larval, and other juve- Agency; ant to subparagraph (J) of subsection (a)(2). nile stages of an organism described in sub- (F) 1 shall be the President of the Associa- (3) TRANSITIONAL TERMS.—Of the members paragraph (A). tion of Fish and Wildlife Agencies; described in subsection (a)(2)(N) initially ap- (8) FISH HABITAT CONSERVATION PROJECT.— (G) 1 shall be the Secretary of the Board of pointed to the Board— (A) IN GENERAL.—The term ‘‘fish habitat Directors of the National Fish and Wildlife (A) 4 shall be appointed for a term of 1 conservation project’’ means a project that— Foundation appointed pursuant to section year; (i) is submitted to the Board by a Partner- 3(g)(2)(B) of the National Fish and Wildlife (B) 4 shall be appointed for a term of 2 ship and approved by the Secretary under Foundation Establishment Act (16 U.S.C. years; and section 6; and 3702(g)(2)(B)); (C) 3 shall be appointed for a term of 3 (ii) provides for the conservation or man- (H) 4 shall be representatives of State years. agement of an aquatic habitat. agencies, 1 of whom shall be nominated by a (4) VACANCIES.— (B) INCLUSIONS.—The term ‘‘fish habitat regional association of fish and wildlife (A) IN GENERAL.—A vacancy of a member of conservation project’’ includes— agencies from each of the Northeast, South- the Board described in any of subparagraphs (i) the provision of technical assistance to east, Midwest, and Western regions of the (H) through (I) or (K) through (N) of sub- a State, Indian tribe, or local community by United States; section (a)(2) shall be filled by an appoint- the National Fish Habitat Conservation (I) 1 shall be a representative of the Amer- ment made by the remaining members of the Partnership Office or any other agency to fa- ican Fisheries Society; Board. cilitate the development of strategies and (J) 2 shall be representatives of Indian (B) TRIBAL REPRESENTATIVES.—Following a priorities for the conservation of aquatic tribes, of whom— vacancy of a member of the Board described habitats; or (i) 1 shall represent Indian tribes from the in subparagraph (J) of subsection (a)(2), the (ii) the obtaining of a real property inter- State of Alaska; and Secretary shall recommend to the Board not est in land or water, including water rights, (ii) 1 shall represent Indian tribes from the less than 4 tribal representatives, from in accordance with terms and conditions other States; which the remaining members of the Board that ensure that the real property will be ad- (K) 1 shall be a representative of the Re- shall appoint a representative to fill the va- ministered for the long-term conservation gional Fishery Management Councils estab- cancy. lished under section 302 of the Magnuson- of— (5) CONTINUATION OF SERVICE.—An indi- Stevens Fishery Conservation and Manage- (I) the land or water; and vidual whose term of service as a member of ment Act (16 U.S.C. 1852); (II) the fish dependent on the land or the Board expires may continue to serve on (L) 1 shall be a representative of the Ma- water. the Board until a successor is appointed. rine Fisheries Commissions, which is com- (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (6) REMOVAL.—If a member of the Board de- posed of— has the meaning given the term in section 4 scribed in any of subparagraphs (H) through (i) the Atlantic States Marine Fisheries of the Indian Self-Determination and Edu- (N) of subsection (a)(2) misses 3 consecutive Commission; cation Assistance Act (25 U.S.C. 450b). regularly scheduled Board meetings, the (ii) the Gulf States Marine Fisheries Com- (10) NATIONAL FISH HABITAT ACTION PLAN.— members of the Board may— mission; and The term ‘‘National Fish Habitat Action (A) vote to remove that member; and (iii) the Pacific States Marine Fisheries Plan’’ means the National Fish Habitat Ac- Commission; (B) appoint another individual in accord- tion Plan dated April 24, 2006, and any subse- (M) 1 shall be a representative of the ance with paragraph (4). quent revisions or amendments to that plan. Sportfishing and Boating Partnership Coun- (c) CHAIRPERSON.— (11) PARTNERSHIP.—The term ‘‘Partner- cil; and (1) IN GENERAL.—The Board shall elect a ship’’ means an entity designated by the (N) 10 shall be representatives selected member of the Board to serve as Chairperson Board as a Fish Habitat Conservation Part- from each of the following groups: of the Board. nership pursuant to section 5(a). (i) The recreational sportfishing industry. (2) TERM.—The Chairperson of the Board (12) REAL PROPERTY INTEREST.—The term (ii) The commercial fishing industry. shall serve for a term of 3 years. ‘‘real property interest’’ means an ownership (iii) Marine recreational anglers. (d) MEETINGS.— interest in— (iv) Freshwater recreational anglers. (1) IN GENERAL.—The Board shall meet— (A) land; (v) Terrestrial resource conservation orga- (A) at the call of the Chairperson; but (B) water (including water rights); or nizations. (B) not less frequently than twice each cal- (C) a building or object that is perma- (vi) Aquatic resource conservation organi- endar year. nently affixed to land. zations. (2) PUBLIC ACCESS.—All meetings of the (13) SECRETARY.—The term ‘‘Secretary’’ (vii) The livestock and poultry production Board shall be open to the public. means the Secretary of the Interior. industry. (e) PROCEDURES.— (14) STATE AGENCY.—The term ‘‘State agen- (viii) The land development industry. (1) IN GENERAL.—The Board shall establish cy’’ means— (ix) The row crop industry. procedures to carry out the business of the (A) the fish and wildlife agency of a State; (x) Natural resource commodity interests, Board, including— (B) any department or division of a depart- such as petroleum or mineral extraction. (A) a requirement that a quorum of the ment or agency of a State that manages in (3) COMPENSATION.—A member of the Board members of the Board be present to transact the public trust the inland or marine fishery shall serve without compensation. business; resources or the habitat for those fishery re- (4) TRAVEL EXPENSES.—A member of the (B) a requirement that no recommenda- sources of the State pursuant to State law or Board shall be allowed travel expenses, in- tions may be adopted by the Board, except 2 the constitution of the State; or cluding per diem in lieu of subsistence, at by the vote of ⁄3 of all members present and (C) the fish and wildlife agency of the Com- rates authorized for an employee of an agen- voting; monwealth of Puerto Rico, Guam, the Virgin cy under subchapter I of chapter 57 of title 5, (C) procedures for establishing national Islands, or any other territory or possession United States Code, while away from the goals and priorities for aquatic habitat con- of the United States. home or regular place of business of the servation for the purposes of this Act; SEC. 4. NATIONAL FISH HABITAT BOARD. member in the performance of the duties of (D) procedures for designating Partner- (a) ESTABLISHMENT.— the Board. ships under section 5; and (1) IN GENERAL.—There is established a (b) APPOINTMENT AND TERMS.— (E) procedures for reviewing, evaluating, board, to be known as the ‘‘National Fish (1) IN GENERAL.—Except as otherwise pro- and making recommendations regarding fish Habitat Board’’— vided in this subsection, a member of the habitat conservation projects. (A) to promote, oversee, and coordinate the Board described in any of subparagraphs (H) (2) QUORUM.—A majority of the members of implementation of this Act and the National through (N) of subsection (a)(2) shall serve the Board shall constitute a quorum. Fish Habitat Action Plan; for a term of 3 years. SEC. 5. FISH HABITAT PARTNERSHIPS. (B) to establish national goals and prior- (2) INITIAL BOARD MEMBERSHIP.— (a) AUTHORITY TO DESIGNATE.—The Board ities for aquatic habitat conservation; (A) IN GENERAL.—Not later than 180 days may designate Fish Habitat Partnerships in (C) to designate Partnerships; and after the date of enactment of this Act, the accordance with this section. (D) to review and make recommendations representatives of the board established by (b) PURPOSES.—The purposes of a Partner- regarding fish habitat conservation projects. the National Fish Habitat Action Plan shall ship shall be—

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(1) to coordinate the implementation of for the fish habitat conservation project, as (2) PROJECTS ON FEDERAL LAND OR WATER.— the National Fish Habitat Action Plan at a required by subsection (e); Notwithstanding paragraph (1), Federal regional level; (D) the extent to which the fish habitat funds may be used for payment of 100 percent (2) to identify strategic priorities for fish conservation project— of the costs of a fish habitat conservation habitat conservation; (i) increases fishing opportunities for the project located on Federal land or water. (3) to recommend to the Board fish habitat public; (3) NON-FEDERAL SHARE.—The non-Federal conservation projects that address a stra- (ii) will be carried out through a coopera- share of the cost of a fish habitat conserva- tegic priority of the Board; and tive agreement among Federal, State, and tion project— (4) to develop and carry out fish habitat local governments, Indian tribes, and private (A) may not be derived from a Federal conservation projects. entities; grant program; but (c) APPLICATIONS.—An entity seeking to be (iii) increases public access to land or (B) may include in-kind contributions and designated as a Partnership shall submit to water; cash. the Board an application at such time, in (iv) advances the conservation of fish and (4) SPECIAL RULE FOR INDIAN TRIBES.—Not- such manner, and containing such informa- wildlife species that are listed, or are can- withstanding paragraph (1) or any other pro- tion as the Board may reasonably require. didates to be listed, as threatened species or vision of law, any funds made available to an (d) APPROVAL.—The Board may approve an endangered species under the Endangered Indian tribe pursuant to this Act may be application for a Partnership submitted Species Act of 1973 (16 U.S.C. 1531 et seq.); considered to be non-Federal funds for the under subsection (c) if the Board determines (v) where appropriate, advances the con- purpose of paragraph (1). that the applicant— servation of fish and fish habitats under the (f) APPROVAL.— (1) includes representatives of a diverse Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) (1) IN GENERAL.—Not later than 180 days group of public and private partners, includ- and other relevant Federal law and State after the date of receipt of the recommenda- ing Federal, State, or local governments, wildlife action plans; and nonprofit entities, Indian tribes, and private tions of the Board for fish habitat conserva- (vi) promotes resilience such that desired tion projects under subsection (b), and based, individuals, that are focused on conservation biological communities are able to persist of aquatic habitats to achieve results across to the maximum extent practicable, on the and adapt to environmental stressors such as criteria described in subsection (c)— jurisdictional boundaries on public and pri- climate change; and vate land; (A) the Secretary shall approve, reject, or (E) the substantiality of the character and reorder the priority of any fish habitat con- (2) is organized to promote the health of design of the fish habitat conservation important aquatic habitats and distinct geo- servation project recommended by the Board project. that is not within a marine or estuarine graphical areas, keystone fish species, or (d) LIMITATIONS.— habitat; and system types, including reservoirs, natural (1) REQUIREMENTS FOR EVALUATION.—No (B) the Secretary and the Secretary of lakes, coastal and marine environments, and fish habitat conservation project may be rec- Commerce shall jointly approve, reject, or estuaries; ommended by the Board under subsection (b) reorder the priority of any fish habitat con- (3) identifies strategic fish and aquatic or provided financial assistance under this servation project recommended by the Board habitat priorities for the Partnership area in Act unless the fish habitat conservation the form of geographical focus areas or key project includes an evaluation plan de- that is within a marine or estuarine habitat. stressors or impairments to facilitate stra- signed— (2) FUNDING.—If the Secretary, or the Sec- tegic planning and decisionmaking; (A) to appropriately assess the biological, retary and the Secretary of Commerce joint- (4) is able to address issues and priorities ecological, or other results of the habitat ly, approves a fish habitat conservation on a nationally significant scale; protection, restoration, or enhancement ac- project under paragraph (1), the Secretary, (5) includes a governance structure that— tivities carried out using the assistance; or the Secretary and the Secretary of Com- (A) reflects the range of all partners; and (B) to reflect appropriate changes to the merce jointly, shall use amounts made avail- (B) promotes joint strategic planning and fish habitat conservation project if the as- able to carry out this Act to provide funds to decisionmaking by the applicant; sessment substantiates that the fish habitat carry out the fish habitat conservation (6) demonstrates completion of, or signifi- conservation project objectives are not being project. cant progress toward the development of, a met; and (3) NOTIFICATION.—If the Secretary, or the strategic plan to address the causes of sys- (C) to require the submission to the Board Secretary and the Secretary of Commerce tem decline in fish populations, rather than of a report describing the findings of the as- jointly, rejects or reorders the priority of simply treating symptoms in accordance sessment. any fish habitat conservation project rec- with the National Fish Habitat Action Plan; (2) ACQUISITION OF REAL PROPERTY INTER- ommended by the Board under subsection and ESTS.— (b), the Secretary, or the Secretary and the (7) ensures collaboration in developing a (A) IN GENERAL.—No fish habitat conserva- Secretary of Commerce jointly, shall provide strategic vision and implementation pro- tion project that will result in the acquisi- to the Board and the appropriate Partner- gram that is scientifically sound and achiev- tion by the State, local government, or other ship a written statement of the reasons that able. non-Federal entity, in whole or in part, of the Secretary, or the Secretary and the Sec- SEC. 6. FISH HABITAT CONSERVATION any real property interest may be rec- retary of Commerce jointly, rejected or PROJECTS. ommended by the Board under subsection (b) modified the priority of the fish habitat con- (a) SUBMISSION TO BOARD.—Not later than or provided financial assistance under this servation project. March 31 of each calendar year, each Part- Act unless the project meets the require- (4) LIMITATION.—If the Secretary, or the nership shall submit to the Board a list of ments of subparagraph (B). Secretary and the Secretary of Commerce fish habitat conservation projects rec- (B) REQUIREMENTS.— jointly, has not approved, rejected, or reor- ommended by the Partnership for annual (i) IN GENERAL.—A real property interest dered the priority of the recommendations of funding under this Act. may not be acquired pursuant to a fish habi- the Board for fish habitat conservation (b) RECOMMENDATIONS BY BOARD.—Not tat conservation project by a State, public projects by the date that is 180 days after the later than July 1 of each calendar year, the date of receipt of the recommendations, the Board shall submit to the Secretary a de- agency, or other non-Federal entity unless the State, agency, or other non-Federal enti- recommendations shall be considered to be scription, including estimated costs, of each approved. fish habitat conservation project that the ty is obligated to undertake the manage- Board recommends that the Secretary ap- ment of the property being acquired in ac- SEC. 7. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP OFFICE. prove and fund under this Act, in order of cordance with the purposes of this Act. priority, for the following fiscal year. (ii) ADDITIONAL CONDITIONS.—Any real (a) ESTABLISHMENT.—Not later than 1 year (c) CONSIDERATIONS.—The Board shall se- property interest acquired by a State, local after the date of enactment of this Act, the lect each fish habitat conservation project to government, or other non-Federal entity Director shall establish an office, to be be recommended to the Secretary under sub- pursuant to a fish habitat conservation known as the ‘‘National Fish Habitat Con- section (b)— project shall be subject to terms and condi- servation Partnership Office’’, within the (1) based on a recommendation of the Part- tions that ensure that the interest will be United States Fish and Wildlife Service. nership that is, or will be, participating ac- administered for the long-term conservation (b) FUNCTIONS.—The National Fish Habitat tively in carrying out the fish habitat con- and management of the aquatic ecosystem Conservation Partnership Office shall— servation project; and and the fish and wildlife dependent on that (1) provide funding for the operational (2) after taking into consideration— ecosystem. needs of the Partnerships, including funding (A) the extent to which the fish habitat (e) NON-FEDERAL CONTRIBUTIONS.— for activities such as planning, project devel- conservation project fulfills a purpose of this (1) IN GENERAL.—Except as provided in opment and implementation, coordination, Act or a goal of the National Fish Habitat paragraph (2), no fish habitat conservation monitoring, evaluation, communication, and Action Plan; project may be recommended by the Board outreach; (B) the extent to which the fish habitat under subsection (b) or provided financial as- (2) provide funding to support the detail of conservation project addresses the national sistance under this Act unless at least 50 per- State and tribal fish and wildlife staff to the priorities established by the Board; cent of the cost of the fish habitat conserva- Office; (C) the availability of sufficient non-Fed- tion project will be funded with non-Federal (3) facilitate the cooperative development eral funds to match Federal contributions funds. and approval of Partnerships;

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Board shall revise the goals and other ele- of this Act, and every 5 years thereafter, the SEC. 9. CONSERVATION OF AQUATIC HABITAT ments of the National Fish Habitat Action Director, in cooperation with the Assistant FOR FISH AND OTHER AQUATIC OR- Plan, after consideration of each report re- Administrator and the heads of other appro- GANISMS ON FEDERAL LAND. quired by subsection (b). priate Federal departments and agencies, To the extent consistent with the mission SEC. 12. REGULATIONS. shall develop an interagency operational and authority of the applicable department The Secretary may promulgate such regu- plan for the National Fish Habitat Conserva- or agency, the head of each Federal depart- lations as the Secretary determines to be ment and agency responsible for acquiring, tion Partnership Office that describes— necessary to carry out this Act. managing, or disposing of Federal land or (1) the functional, operational, technical, SEC. 13. EFFECT OF ACT. water shall cooperate with the Assistant Ad- scientific, and general staff, administrative, (a) WATER RIGHTS.—Nothing in this Act— ministrator and the Director to conserve the and material needs of the Office; and (1) establishes any express or implied re- aquatic habitats for fish and other aquatic (2) any interagency agreements between or served water right in the United States for organisms within the land and water of the any purpose; among Federal departments and agencies to department or agency. address those needs. (2) affects any water right in existence on SEC. 10. COORDINATION WITH STATES AND IN- the date of enactment of this Act; (d) STAFF AND SUPPORT.— DIAN TRIBES. (1) DEPARTMENTS OF INTERIOR AND COM- (3) preempts or affects any State water law The Secretary shall provide a notice to, or interstate compact governing water; or MERCE.—The Director and the Assistant Ad- and coordinate with, the appropriate State (4) affects any Federal or State law in ex- ministrator shall each provide appropriate agency or tribal agency, as applicable, of istence on the date of enactment of the Act staff to support the National Fish Habitat each State and Indian tribe within the regarding water quality or water quantity. Conservation Partnership Office, subject to boundaries of which an activity is planned to the availability of funds under section 15. (b) STATE AUTHORITY.—Nothing in this be carried out pursuant to this Act by not Act— (2) STATES AND INDIAN TRIBES.—Each State later than 30 days before the date on which and Indian tribe is encouraged to provide (1) affects the authority, jurisdiction, or the activity is implemented. responsibility of a State to manage, control, staff to support the National Fish Habitat SEC. 11. ACCOUNTABILITY AND REPORTING. Conservation Partnership Office. or regulate fish and wildlife under the laws (a) IMPLEMENTATION REPORTS.— and regulations of the State; or (3) DETAILEES AND CONTRACTORS.—The Na- (1) IN GENERAL.—Not later than 2 years tional Fish Habitat Conservation Partner- (2) authorizes the Secretary to control or after the date of enactment of this Act, and regulate within a State the fishing or hunt- ship Office may accept staff or other admin- every 2 years thereafter, the Board shall sub- istrative support from other entities— ing of fish and wildlife. mit to the appropriate congressional com- (c) EFFECT ON INDIAN TRIBES.—Nothing in (A) through interagency details; or mittees a report describing the implementa- this Act abrogates, abridges, affects, modi- (B) as contractors. tion of— fies, supersedes, or alters any right of an In- (4) QUALIFICATIONS.—The staff of the Na- (A) this Act; and dian tribe recognized by treaty or any other tional Fish Habitat Conservation Partner- (B) the National Fish Habitat Action Plan. means, including— ship Office shall include members with edu- (2) CONTENTS.—Each report submitted (1) an agreement between the Indian tribe cation and experience relating to the prin- under paragraph (1) shall include— and the United States; ciples of fish, wildlife, and aquatic habitat (A) an estimate of the number of acres, (2) Federal law (including regulations); conservation. stream miles, or acre-feet (or other suitable (3) an Executive order; or (5) WAIVER OF REQUIREMENT.—The Sec- measure) of aquatic habitat that was pro- (4) a judicial decree. retary may waive all or part of the non-Fed- tected, restored, or enhanced under the Na- (d) ADJUDICATION OF WATER RIGHTS.—Noth- eral contribution requirement under section tional Fish Habitat Action Plan by Federal, ing in this Act diminishes or affects the abil- 6(e)(1) if the Secretary determines that— State, or local governments, Indian tribes, or ity of the Secretary to join an adjudication (A) no reasonable means are available other entities in the United States during of rights to the use of water pursuant to sub- through which the affected applicant can the 2-year period ending on the date of sub- section (a), (b), or (c) of section 208 of the De- meet the requirement; and mission of the report; partment of Justice Appropriation Act, 1953 (B) the probable benefit of the relevant fish (B) a description of the public access to (43 U.S.C. 666). habitat conservation project outweighs the aquatic habitats protected, restored, or es- (e) EFFECT ON OTHER AUTHORITIES.— public interest in meeting the requirement. tablished under the National Fish Habitat (1) ACQUISITION OF LAND AND WATER.—Noth- (e) REPORTS.—Not less frequently than Action Plan during that 2-year period; ing in this Act alters or otherwise affects the once each year, the Director shall provide to (C) a description of the opportunities for authorities, responsibilities, obligations, or the Board a report describing the activities public fishing established under the National powers of the Secretary to acquire land, of the National Fish Habitat Conservation Fish Habitat Action Plan during that period; water, or an interest in land or water under Partnership Office. and any other provision of law. SEC. 8. TECHNICAL AND SCIENTIFIC ASSISTANCE. (D) an assessment of the status of fish (2) PRIVATE PROPERTY PROTECTION.—Noth- (a) IN GENERAL.—The Director, the Assist- habitat conservation projects carried out ing in this Act permits the use of funds made ant Administrator, and the Director of the with funds provided under this Act during available to carry out this Act to acquire United States Geological Survey, in coordi- that period, disaggregated by year, includ- real property or a real property interest nation with the Forest Service and other ap- ing— without the written consent of each owner of propriate Federal departments and agencies, (i) a description of the fish habitat con- the real property or real property interest. shall provide scientific and technical assist- servation projects recommended by the (3) MITIGATION.—Nothing in this Act per- ance to the Partnerships, participants in fish Board under section 6(b); mits the use of funds made available to carry

VerDate Mar 15 2010 01:14 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.013 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3827 out this Act for fish and wildlife mitigation Secretary determines to be consistent with We are fortunate to have the Vermont purposes under— this Act. Refugee Resettlement Program, with (A) the Federal Water Pollution Control (c) DONATIONS.— its decades of experience and award- (1) IN GENERAL.—The Secretary may— Act (33 U.S.C. 1251 et seq.); wining volunteer program, leading this (B) the Fish and Wildlife Coordination Act (A) enter into an agreement with any orga- (16 U.S.C. 661 et seq.); nization described in section 501(c)(3) of the effort. Over the last five years, many of (C) the Water Resources Development Act Internal Revenue Code of 1986 that is exempt these new Vermonters have come from of 1986 (Public Law 99–662; 100 Stat. 4082); or from taxation under section 501(a) of that Bhutan, Burma, and the Congo. Their (D) any other Federal law or court settle- Code to solicit private donations to carry culture is enriching my historically ment. out the purposes of this Act; and Anglo Saxon and French Canadian SEC. 14. NONAPPLICABILITY OF FEDERAL ADVI- (B) accept donations of funds, property, state. SORY COMMITTEE ACT. and services to carry out the purposes of this Once resettled, these refugees have The Federal Advisory Committee Act (5 Act. become nursing assistants, soccer (2) TREATMENT.—A donation accepted U.S.C. App.) shall not apply to— coaches, and small business owners. In (1) the Board; or under this section— (2) any Partnership. (A) shall be considered to be a gift or be- Burlington’s Old North End, there are two thriving halal markets, side by SEC. 15. FUNDING. quest to, or otherwise for the use of, the United States; and (a) AUTHORIZATION OF APPROPRIATIONS.— side. The Nadia International Halal (B) may be— (1) FISH HABITAT CONSERVATION PROJECTS.— Market is run by an Iraqi refugee. Next There is authorized to be appropriated to the (i) used directly by the Secretary; or door is the Banadir Market, run by a Secretary $7,200,000 for each of fiscal years (ii) provided to another Federal depart- Somali Bantu refugee. Vermonters 2012 through 2016 to provide funds for fish ment or agency through an interagency enjoy these new additions to the cul- agreement. habitat conservation projects approved ture, and these thriving small busi- under section 6(f), of which 5 percent shall be By Mr. LEAHY (for himself, Mr. nesses create local jobs in a histori- made available for each fiscal year for cally disadvantaged neighborhood. projects carried out by Indian tribes. LEVIN, Mr. AKAKA, and Mr. Equally important are the family- (2) NATIONAL FISH HABITAT CONSERVATION DURBIN): PARTNERSHIP OFFICE.— S. 1202. A bill to amend the Immigra- and community-based values of these (A) IN GENERAL.—There is authorized to be tion and Nationality Act to reaffirm new Vermonters. The Burlington Chief appropriated to the Secretary for each of fis- the United States’ historic commit- of Police has commented that refugees cal years 2012 through 2016 for the National ment to protecting refugees who are have reduced crime in some histori- Fish Habitat Conservation Partnership Of- fleeing persecution or torture; to the cally troubled areas, creating more fice, and to carry out section 11, an amount Committee on the Judiciary. family oriented neighborhoods. equal to 5 percent of the amount appro- Mr. LEAHY. Mr. President, today, I Vermonters have played a tremen- priated for the applicable fiscal year pursu- dous role in welcoming refugees and ant to paragraph (1). am pleased to introduce the Refugee asylees to their communities. Many (B) REQUIRED TRANSFERS.—The Secretary Protection Act. This bill, which is co- shall annually transfer to other Federal de- sponsored by Senators LEVIN, AKAKA, have hosted refugee families in their partments and agencies such percentage of and DURBIN, will reaffirm the commit- homes until suitable housing could be the amounts made available pursuant to sub- ments our Nation made in ratifying the found. The Ohavi Zedek Synagogue has paragraph (A) as is required to support par- 1951 Refugee Convention, and help to made an effort to help all refugee fami- ticipation by those departments and agen- restore the United States as a global lies, regardless of their faith. The syna- cies in the National Fish Habitat Conserva- leader on human rights. This bill would gogue offers free English language tion Partnership Office pursuant to the repeal the most harsh and unnecessary classes so that refugees can improve interagency operational plan under section 7(c). elements of current law, and restore their English skills. In this year’s (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— the United States to its rightful role as Passover service, refugees were encour- There are authorized to be appropriated for a safe and welcoming home for those aged to share their own personal tales each of fiscal years 2012 through 2016 to carry suffering from persecution around the of exodus. out, and provide technical and scientific as- world. The synagogue also runs a thrift shop sistance under, section 8— During this challenging economic where refugees who have been in the (A) $500,000 to the Secretary for use by the time, it can be tempting to look inward country for less than a year are al- United States Fish and Wildlife Service; rather than to fulfill our global human- lowed to take whatever they need with- (B) $500,000 to the Assistant Administrator itarian commitments. However, this out charge. Yet, a refugee from Bhutan for use by the National Oceanic and Atmos- pheric Administration; and bill is necessary now more than ever. has offered to help make physical im- (C) $500,000 to the Secretary for use by the Millions of refugees remain displaced provements to the building’s founda- United States Geological Survey. and warehoused in refugee camps in tion, a testament to his desire to give (4) PLANNING AND ADMINISTRATIVE EX- Eastern Africa, Southeast Asia, and back to the communities that have PENSES.—There is authorized to be appro- other parts of the world. The ‘‘Arab helped refugees build new lives. Many priated to the Secretary for each of fiscal Spring’’ is helping to move govern- other places of worships have also years 2012 through 2016 for use by the Board, ments of the Middle East toward de- reached out to these new Vermonters. the Director, and the Assistant Adminis- mocracy, but some governments have The Association for Africans Living trator for planning and administrative ex- penses an amount equal to 3 percent of the responded to peaceful demonstrations in Vermont, AALV, which now assists amount appropriated for the applicable fiscal with violence. We will continue to see any refugee in Vermont regardless of year pursuant to paragraph (1). genuine refugees who are in need of the country of origin, helps refugees (b) AGREEMENTS AND GRANTS.—The Sec- protection. I was pleased to be able to access social services, organizes com- retary may— protect funding for refugee assistance munity cultural events, and provides (1) on the recommendation of the Board, and resettlement programs in the fiscal cross-cultural training to Vermont and notwithstanding sections 6304 and 6305 of year 2011 appropriations continuing service providers. The organization of- title 31, United States Code, and the Federal resolution, when many other programs fers workforce development programs Financial Assistance Management Improve- ment Act of 1999 (31 U.S.C. 6101 note; Public were cut. to ensure refugees can find meaningful Law 106–107), enter into a grant agreement, In my home state of Vermont, I have work that sustains their families. The cooperative agreement, or contract with a seen how the admission of refugees and AALV New Farms for New Americans Partnership or other entity for a fish habitat asylum seekers has revitalized and en- program enables refugees, many of conservation project or restoration or en- riched communities, resulting in the whom farmed in their home countries, hancement project; creation of new businesses, safer neigh- to learn to grow crops well suited to (2) apply for, accept, and use a grant from borhoods, and stronger schools. Since the Vermont climate. This program any individual or entity to carry out the Senator Ted Kennedy authored the 1980 can connect such refugees to their her- purposes of this Act; and Refugee Act, more than 2.6 million ref- (3) make funds available to any Federal de- itage, and invites them to become part partment or agency for use by that depart- ugees and asylum seekers have been of Vermont’s longstanding and vibrant ment or agency to provide grants for any granted protection in the United agricultural tradition. fish habitat protection project, restoration States. And since 1989, almost 5,600 ref- In cooperation with Vermont Adult project, or enhancement project that the ugees have been resettled in Vermont. Learning, AALV offers the Personal

VerDate Mar 15 2010 02:56 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.013 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3828 CONGRESSIONAL RECORD — SENATE June 15, 2011 Care Assistant Workforce Training tion. Vermont Immigration and Asy- seekers with genuine claims have been de- Program, which trains refugees to lum Advocates, like other legal aid nied protection. The exceptions to the one- serve as personal care assistants, the providers across the Nation, struggle year deadline are not uniformly applied to first level of service in the nursing pro- to visit detention facilities located at a applicants, leading to unfair treatment of those who have legitimate reasons for apply- fession. Graduates are able to pursue distance from urban centers, or to ing after the one-year deadline. Moreover, a additional training as a licensed nurs- reach clients who have been trans- significant number of applicants have subse- ing assistant. ferred to far away locations. I appre- quently met the higher standard for with- Vermont’s resettlement program and ciate efforts made by the Obama ad- holding of removal, demonstrating that their the community support are not with- ministration to parole eligible asylum claims were valid. This section allows such out their challenges. We experience seekers and to improve the conditions an asylum seeker to reopen his asylum claim many of the same hurdles faced by re- of detention overall, but more must be if he is still in the United States, has not settlement efforts and receiving com- done. The Refugee Protection Act will subsequently been awarded lawful permanent munities across the Nation. The Ref- residence status, is not subject to a bar to improve access to counsel so that asy- asylum, and should not be denied asylum as ugee Protection Act of 2011 includes lum seekers with genuine claims can a matter of discretion. provisions that will help the nation- gain legal assistance in presenting Sec. 4. Protecting Victims of Terrorism from wide resettlement effort operate more their claims. It will require the Gov- Being Defined as Terrorists. effectively. I want to acknowledge the ernment to codify detention standards Under current law, any asylum seeker or leadership of Senator LUGAR who has so that reforms are meaningful and en- refugee who is individually culpable of en- investigated the resettlement program forceable. gaging in terrorist conduct, or direct support and called for a GAO study to obtain There is no question that the United for it, is barred under prohibitions to entry recommendations for improvement. I States is a leader among nations in ref- for a threat to national security, serious also appreciate the efforts of Rep- ugee protection, but we can do better. non-political crime, persecution of others, or resentative GARY PETERS of Michigan, The refugees we welcome to our shores engaging in terrorist activity. Changes in who introduced a resettlement bill in the law since September 11, 2001, have re- contribute to the fabric of our Nation, sulted in innocent activity, or coerced ac- the House of Representatives to im- and enrich the communities where tions, being labeled as ‘‘material support’’ prove communication among all stake- they settle. I urge all Senators to sup- for terrorism, a determination that can holders. port the Refugee Protection Act of render genuine refugees ineligible for protec- In addition to support and improve- 2011. tion in the United States. This section would ment of the resettlement program, this Mr. President, I ask unanimous con- amend the law to ensure that asylum seekers bill addresses several areas of domestic sent that a section by section analysis and refugees are not barred from admission asylum adjudication that are in need of and a list of support organizations be to the United States under an overly broad significant reform. This bill would re- definition of ‘‘terrorist organization’’ in the printed in the RECORD. Immigration and Nationality Act (INA). peal the one-year filing deadline for There being no objection, the mate- This section would define the term ‘‘mate- asylum seekers, removing an unneces- rial was ordered to be printed in the rial support’’ to mean support that is signifi- sary barrier to protection. The bill RECORD, as follows: cant and of a kind directly relevant to ter- would allow arriving aliens and minors THE LEAHY-LEVIN-AKAKA-DURBIN REFUGEE rorist activity. This section also gives the to seek asylum first before the Asylum PROTECTION ACT OF 2011 Secretary of Homeland Security discretion to waive application of the terrorism bars for Office rather than referring those cases SECTIONAL ANALYSIS immediately to immigration court. certain applicants. The Refugee Act of 1980 was a landmark This section clarifies that those who com- The Asylum Office is well trained to piece of legislation that sought to fulfill the mitted certain acts (such as military-type screen for fraud and able to handle a United States’ obligations under the 1951 training, solicitation, or other non-violent slight increase in its caseload. Mean- Refugee Convention. Unfortunately, in the actions) under duress may not be deemed in- while, as we learned in a May 18, 2011, intervening years, U.S. law has fallen short admissible if they pose no threat to the hearing before the Judiciary Com- of those obligations. Last year, on the thir- United States. It gives the Secretary discre- mittee, the immigration courts are tieth anniversary of the Refugee Act of 1980, tion to consider the age of the applicant at Senator Leahy, introduced the Refugee Pro- the time the acts were committed in deter- overburdened, under-resourced, and tection Act of 2010 (S. 3113, 111th Congress), facing steady increases in their case- mining whether those acts were committed a comprehensive package of improvements under duress. loads. to our law. On June 15, 2011, Senator Leahy, This section also creates an exception for The Refugee Protection Act ensures along with Senators Levin, Akaka, and Dur- those who were forced to recruit child sol- that persons who were victims of ter- bin, introduced a new version of the bill for diers under duress, or who engaged in such rorism or persecution by terrorist the 112th Congress. The Refugee Protection recruitment under the age of 18. Finally, this groups will not be doubly victimized Act of 2011 will ensure that refugees and asy- section would repeal an unduly harsh provi- with a denial of protection in the lum seekers with bona fide claims are pro- sion in current law that makes spouses and United States. Vermont Immigration tected by the United States, restoring the children inadmissible for the acts of a spouse United States as a beacon of hope for those and Asylum Advocates, a legal aid and or parent. who suffer from persecution. All applicants for asylum or refugee status torture treatment provider, continues Sec. 1. Short Title. must meet all of the other traditional back- to see cases where persons granted asy- ground and security checks. lum are later blocked from bringing The short title is the Refugee Protection Act of 2011. Sec. 5. Protecting Certain Vulnerable Groups of their families to the United States or Sec. 2. Definitions. Asylum Seekers. applying for permanent residency by To be eligible for asylum under the Ref- This section defines the terms ‘‘asylum overly broad definitions in current law. ugee Convention and domestic law, an appli- seeker’’ and ‘‘Secretary of Homeland Secu- cant must show that he or she has experi- This bill would help such persons prove rity.’’ their cases without taking any short- enced persecution or have a well-founded Sec. 3. Elimination of Time Limits on Asylum fear of future persecution on account of race, cuts on national security. The bill also Applications. gives the President the authority to religion, nationality, political opinion, or This section eliminates the one-year time designate certain groups of particu- membership in a particular social group. limit for filing an asylum claim. The stated This section makes several modifications to larly vulnerable groups for expedited intent of Congress in 1996 in enacting the current law to ensure that particularly vul- consideration. All refugees would still one-year deadline was to prevent fraud, not nerable groups of asylum seekers have a full have to complete security and back- to deprive bona fide applicants from securing and fair opportunity to seek protection in ground checks prior to entry to the protection under our laws. Yet, even in 1996, the United States. United States. problems related to fraud had been resolved Subsection (a) codifies the holding of the Finally, the bill addresses the need to through administrative reform implemented landmark Board of Immigration Appeals treat genuine asylum seekers as per- by the Immigration & Naturalization Serv- (BIA) decision in Matter of Acosta, 19 I. & N. sons in need of protection, not as ice, which opposed the implementation of an Dec. 211 (BIA 1985). That holding defined the application deadline. Since the one-year basis of persecution based on membership in criminals. It calls for asylum seekers deadline was enacted, and despite exceptions a ‘‘particular social group’’ as one comprised who can prove their identity and who available in the law for extraordinary or of individuals who share a common char- pose no threat to the United States to changed circumstances that may prevent the acteristic they either cannot change, or be released from immigration deten- timely filing of an application, many asylum should not be required to change because the

VerDate Mar 15 2010 02:56 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JN6.014 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3829 characteristic is fundamental to their iden- partment of Justice issued draft regulations have a credible fear of persecution, but then tity or conscience. The Acosta precedent has in 2000 that made clear that an asylum seek- must pursue their asylum case in immigra- been clouded in recent years by BIA opinions er can demonstrate nexus through either tion court, rather than in a non-adversarial that require asylum applicants to prove ad- ‘‘direct or circumstantial’’ evidence. This proceeding. Generally speaking, the adver- ditional factors, some of which are unneces- draft regulation was consistent with the U.S. sarial immigration hearing is considerably sary or contrary to the spirit of domestic Supreme Court’s decision in INS v. Elias- lengthier and costlier than a non-adversarial law and the Refugee Convention. Most dam- Zacarias, 502 U.S. 478, 483 (1992). This para- asylum hearing. Under this section, the DHS aging is a requirement that the social group graph would codify the draft regulation by asylum office would be given jurisdiction in question be ‘‘socially visible,’’ a factor making clear that either direct or cir- over an asylum case after a positive credible that could endanger certain categories of cumstantial evidence may establish that fear determination. The alien would then un- refugees, such as victims of gender persecu- persecution is on account of one of the five dergo a non-adversarial asylum interview. If tion or LGBT asylum seekers. These are grounds. the asylum officer is unable to recommend a groups that, as Judge Posner of the Seventh Paragraph (5): The REAL ID Act also grant of asylum, the case will be referred to Circuit Court of Appeals described, are at modified the INA with regard to factors that an immigration judge and the asylum seeker great pains to remain socially invisible. This an immigration judge may consider in deter- placed in removal proceedings. This struc- subsection codifies the definition of social mining the asylum seeker’s credibility. In ture mirrors the current process for asylum group in Matter of Acosta such that inappro- short, the REAL ID gave heightened impor- seekers who apply for asylum from within priate, additional factors such as social visi- tance to inconsistencies in an asylum seek- the United States. bility cannot be required by the BIA. er’s claim, even if those inconsistencies were Sec. 9. Secure Alternatives Program. Subsection (b) makes additional changes minor or immaterial to the heart of the This section requires the Secretary of to current law. Paragraph (1): United States claim. In practice, an asylum seeker with Homeland Security to establish a secure ‘‘al- law has long recognized that persecutors limited English skills, with post-traumatic ternatives to detention’’ program. The pro- may have mixed motives for harming their stress disorder, or with other conditions, gram will allow certain aliens in civil immi- victims. For example, a militia that operates may make simple, minor errors in the tell- gration custody to be released under en- outside government control may persecute a ing and retelling of their story. This para- hanced supervision to prevent the alien from particular race of persons because of xeno- graph modifies the INA to state that if the absconding and to ensure that the alien phobia and also because it seeks to deprive immigration judge determines that there are makes all required appearances associated the persecuted race of valuable land and inconsistencies or omissions in the claim, with his or her immigration case. The pro- property. The fact that the persecutor is mo- the asylum seeker should be given an oppor- gram is to be designed as a continuum of al- tivated by two intertwined goals should not tunity to explain and to provide support or ternatives based on the alien’s need for su- prevent the victims from obtaining protec- evidence to clarify such inconsistencies or pervision, which may include placement of tion. Nonetheless, the REAL ID Act of 2005 omissions. Subsection (c) makes identical the alien with an individual or organiza- raised the burden of proof that asylum seek- corrections to the corroboration and credi- tional sponsor, or in a supervised group ers must meet in order to show that they bility determinations for removal pro- home. The program shall restrict the use of fear persecution on account of one of the five ceedings that are described in paragraphs (2) ankle monitoring devices to cases in which grounds enumerated in the Refugee Conven- and (5) above. there is a demonstrated need for enhanced tion and in U.S. law. (The five grounds are monitoring, and the use of ankle monitors race, religion, nationality, membership in a Sec. 6. Effective Adjudication of Proceedings. This section authorizes the Attorney Gen- shall be reviewed periodically. The program particular social group, or political opinion.) shall be designed to include individualized The REAL ID Act requires that the asylum eral to appoint counsel to an alien in re- moval proceedings where fair resolution or case management and referrals to commu- seeker demonstrate that harm on account of nity based organizations. In designing the effective adjudication of the case would be a protected ground is ‘‘at least one central program, the Secretary is instructed to con- served by doing so. In certain cases, such as reason’’ for the feared persecution. See INA sider prior successful programs, such the those involving highly complex asylum § 208(b)(1)(B)(i). The ‘‘one central reason’’ Vera Institute of Justice’s Appearance As- claims, unaccompanied minors, mentally im- language is modified in this section, which sistance Program. does not fully repeal the notion of persecutor paired persons, or individuals who are in- The Secretary of Homeland Security cur- intent but applies it in a manner that is both capable of pro se representation, delays in rently has discretion to detain asylum seek- realistic and fair. This paragraph strikes the adjudication may result while an alien pre- ers. This section maintains such discretion language that requires the protected ground pares a case or searches for pro bono rep- but clarifies that, consistent with a DHS pol- (e.g., race) to be one central reason for the resentation. The immigration courts will op- icy announced in December 2009, it is the persecution and requires instead that the erate more efficiently (with savings to tax- policy of the United States to release (‘‘pa- protected ground ‘‘was or will be a factor in payers) if the Attorney General is provided role’’) asylum seekers who have established a the applicant’s persecution or fear of perse- explicit authority to exercise discretion to credible fear of persecution. Under this sec- cution.’’ appoint counsel in certain instances, such as tion, asylum seekers who have established Paragraph (2): The REAL ID Act of 2005 those described above. identity will be released within 7 days of a added requirements to the INA with regard Sec. 7. Scope and Standard for Review. positive credible fear determination unless to an asylum seeker’s duty to provide cor- This section prevents the removal of an DHS can show that the asylum seeker poses roborating evidence when it is requested by alien during the 30-day period an alien has to a risk to public safety (which may include a an immigration judge. The REAL ID Act file a petition for review to a Federal Circuit risk to national security) or is a flight risk. stated that ‘‘such evidence must be provided Court of Appeals after the alien has been or- If parole is denied, DHS must provide the unless the applicant does not have the evi- dered removed. Staying the removal during asylum seeker with written notification for dence and cannot reasonably obtain the evi- this period will enable an applicant to care- the reason for denial conveyed in a language dence.’’ Corroborating evidence can be an fully consider whether to file an appeal rath- the asylum seeker claims to understand. important component of an asylum claim, er than rush to file in order to preserve his Sec. 10. Conditions of Detention. but asylum seekers must have a fair oppor- or her rights. In weak cases, the alien will Regulations regarding conditions for de- tunity to respond to requests for corrobora- likely decline to appeal, and deport volun- tention shall be promulgated, and must ad- tion. In addition, as courts have noted, it is tarily or via government removal. This sec- dress several issues including access to legal sometimes virtually impossible for asylum tion also restores judicial review to a fair service providers, group legal orientation seekers to obtain certain types of corrobo- and reasonable standard consistent with presentations, translation services, rec- rating evidence. Therefore, this paragraph principles of administrative law. The stand- reational programs and activities, access to requires that when the trier of fact seeks ard in this section is that the Court of Ap- law libraries, prompt case notification re- corroborating evidence, the trier of fact peals shall sustain a final decision ordering quirements, access to working telephones, must provide notice and allow the asylum the removal of an alien unless that decision access to religious services, notice of trans- applicant a reasonable opportunity to file is contrary to law, an abuse of discretion, or fers, and access to facilities by nongovern- such evidence unless the applicant does not not supported by substantial evidence. The mental organization. This section also limits have the evidence and cannot reasonably ob- decision must be based on the administrative the use of solitary confinement, shackling, tain the evidence. record on which the order of removal is Paragraph (3) renumbers text in the stat- and strip searches. This section requires based. ute. that, after the date of enactment, facilities Paragraph (4): As noted above, an asylum Sec. 8. Efficient Asylum Determination Process first used by ICE to detain alien detainees seeker must show that his or her well-found- for Arriving Aliens. must be located within 50 miles of a commu- ed fear of persecution is on account of one of Under current law, an alien who requests nity in which there is a demonstrated capac- the five grounds of asylum. This link is often asylum as they attempt to enter the United ity to provide free or low-cost legal represen- called the nexus requirement. Some genuine States (an ‘‘arriving alien’’) is subject to de- tation. asylum seekers have been denied asylum be- tention for part or all of the time that they Sec. 11. Timely Notice of Immigration Charges. cause of a lack of clear guidance on how the await an asylum hearing. Such asylum seek- This section requires the Department of nexus requirement may be established when ers are provided an initial interview with an Homeland Security to file a charging docu- the persecutor is a non-state actor. The De- asylum officer to determine whether they ment with the immigration court closest to

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.021 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3830 CONGRESSIONAL RECORD — SENATE June 15, 2011 the location at which an alien was appre- their local communities. Yet, the one-year dited adjudication as refugees. The authority hended within 48 hours of the alien being physical presence requirement poses a sig- would address situations in which a group is taken into custody by the Department. The nificant barrier to resettled refugees who are targeted for persecution in their country of Department is also required to serve a copy eager and willing to serve the United States origin or country of first asylum. The des- of the charging document on the alien within Government overseas. This section waives ignation by the President would be suffi- 48 hours of apprehension. This section will the continuous presence requirement for any cient, if proved to the satisfaction of the serve multiple purposes. It will prevent asy- refugee who, during their first year of resi- Secretary of Homeland Security, to establish lum seekers and other aliens from lan- dence in the United States, accepts employ- a well-founded fear of persecution for mem- guishing in detention at taxpayer expense ment overseas to aid the United States Gov- bers of the designated group. However, each without being charged. It will encourage effi- ernment, such as by working as a translator individual applicant would still have to be cient handling of cases by both the Depart- or in another professional capacity. admissible to the United States and pass se- ment of Homeland Security and the immi- Sec. 15. Protections for Minors Seeking Asylum. curity and background checks before being gration courts, which are operated by the The William Wilberforce Trafficking Vic- admitted. Refugees admitted under this au- Department of Justice. Finally, it will en- tims Protection Reauthorization Act of 2008 thority would not be exempt from the annual sure that if an asylum seeker or other alien (TVPRA) amended the immigration statute limit on refugee admissions. This section is transferred from one detention facility to to exempt unaccompanied alien children simply enables the President to call for expe- another, jurisdictional and due process pro- from the safe third country and one-year fil- dited adjudication where necessary and ap- tections will attach. ing deadline bars to asylum. This section propriate. This section explicitly includes Sec. 12. Procedures for Ensuring Accuracy and will amend the statute to expand these groups previously protected under the Lau- Verifiability of Sworn Statements Taken TVPRA exemptions to all child applicants tenberg Amendment, which include, among Pursuant to Expedited Removal Authority. for asylum. This section also expands the ex- others, Jews and Evangelical Christians from This section modifies current policy to en- emption to the bar to asylum for applicants the former Soviet Union, and religious mi- sure that asylum seekers are not harmed by under 18 years of age who were previously de- norities from Iran. error in the production of sworn statements nied asylum. The proposed language also Sec. 19. Multiple Forms of Relief. clarifies that unaccompanied alien children taken during the expedited removal process. This section simply allows individuals ap- who have previously been removed, or who It requires that the Secretary of Homeland plying for refugee protection to simulta- departed voluntarily, should not have their Security establish a procedure whereby the neously apply for other forms of admission removal orders reinstated, but should in- interviews of asylum seekers are recorded. to the United States, such as through a fam- stead be placed in removal proceedings. Fi- The recording may be a video, audio or other ily-based petition. All applicants for admis- nally, this section states that all cases of reliable form of recording. The recording sion must pass security and background children seeking asylum be adjudicated in must include a written statement, in its en- checks. This modification to current law the first instance by an asylum officer in a tirety, being read back to the alien in a lan- would not allow would-be refugees from gam- non-adversarial proceeding. These protec- guage that the alien claims to understand, ing the system, but simply enable them to tions, which were provided to unaccom- and include the alien affirming the accuracy escape harm or persecution at the first op- panied minors in the TVPRA, are expanded of the statement or making any corrections portunity a visa becomes available. This sec- in the bill to all child asylum seekers. thereto. If an interpreter is necessary, such tion also allows the very small number of interpreter must be competent in the lan- Sec. 16. Legal Assistance for Refugees and asylum applicants who win the opportunity guage of the asylum seeker. Once a record is Asylees. to apply for a green card through the diver- produced and signed by the asylum seeker The Immigration and Nationality Act au- sity lottery the ability to apply for that di- under these conditions, it may be considered thorizes the Secretary of Health and Human versity visa from within the United States. part of the record. The Secretary may ex- Services to make grants to non-profit orga- Typically, diversity visa applicants must empt facilities from the requirements of this nizations to assist resettled refugees with apply from their home country, a require- section under certain circumstances. mental health counseling, social services, ment that would subject a genuine asylum Sec. 13. Study on the Effect of Expedited Re- education (including English as a Second seeker to risk of harm. moval Provisions, Practices, and Procedures Language, or ESL), and other assistance to Sec. 20. Protection of Refugee Families. on Asylum Claims. help refugees assimilate into American com- A 2005 study by the United States Commis- munities. This section would authorize the This modification to current law would en- sion on International Religious Freedom Secretary to make similar grants to assist able the spouse or child of a refugee (a ‘‘de- (USCIRF) documented widespread problems lawfully resettled refugees with legal advice rivative’’) to bring their children to the in the implementation of expedited removal on applications for immigration benefits to United States when they accompany or fol- policy by U.S. Customs and Border Protec- which they may be eligible after residing in low to join the spouse or parent who was tion immigration officers at ports of entry. the United States for certain periods of time, originally awarded refugee status (a ‘‘prin- A few months prior to release of the Study, e.g., family reunification, adjustment of sta- cipal’’). Current law does not allow a deriva- the Secretary of Homeland Security ex- tus, or naturalization. tive’s child to be admitted as a refugee, yet panded expedited removal authority from Sec. 17. Protection of Stateless Persons in the given the long waits and often unsafe condi- immigration inspectors at Ports of Entry— United States. tions that many derivative applicants and as applied to arriving aliens without proper This section will enable individuals who their children face in camps overseas, the documentation—to Border Patrol agents who are de jure stateless to obtain lawful status United States should provide this group pro- apprehend an alien within 100 miles of the in the United States. De jure stateless per- tection. This section also aids children who border within 14 days after an entry without sons are individuals who are not considered were orphaned or abandoned by their blood inspection. The 2005 USCIRF Study did not to be citizens under the laws of any country. relatives and are living in the care of ex- analyze the implementation of expedited re- They do not have a nationality and therefore tended family, friends, or neighbors who are moval by the Border Patrol, as USCIRF’s cannot be returned anywhere. (These individ- granted admission to the United States as data collection had been completed by that uals are not rendered stateless by any nega- refugees or asylees. Where it is in the best point in time. This section authorizes the tive action of their own, such the commis- interest of such a child to join that refugee Commission to conduct a new study to deter- sion of crimes that leads the country of ori- or asylee in the United States, this section mine whether Border Patrol officers exer- gin to deny return, but generally by forces creates a mechanism whereby they may be cising expedited removal authority in the in- beyond their control, such as the collapse of admitted. This section also repeals an unnec- terior of the United States are improperly the country of origin (e.g. the Soviet Union) essary time limit in regulations on the filing encouraging aliens to withdraw or retract and the succession of a state or states that of family petitions related to refugee and claims for asylum. The Commission is also will not recognize certain former nationals.) asylee family reunification. Finally, to fa- authorized to study whether immigration of- De jure stateless persons are ineligible for cilitate the admission of eligible family ficers incorrectly fail to refer asylum seek- lawfully recognized status in the United members, this section requires that U.S. ers for credible fear interviews by asylum of- States based on the fact that they are state- Citizenship and Immigration Services adju- ficers; incorrectly remove such aliens to a less. This section would make such persons dicate family reunification petitions for country where the alien may be persecuted; eligible to apply for conditional lawful sta- those following to join refugees and asylees and/or detain such asylum seekers improp- tus if they are not inadmissible under crimi- within 90 days of filing. erly or in inappropriate conditions. nal or security grounds and if they pass all Sec. 21. Reform of Refugee Consultation Process. Sec. 14. Refugee Opportunity Promotion. standard background checks. After five years Each year, the executive branch is charged The immigration statute requires a refugee in conditional status, de jure stateless per- with consulting with Congress over the an- who is resettled in the United States to re- sons would be eligible to apply for lawful nual allocation of refugees to be admitted to main on U.S. soil for a full year before ad- permanent status. the United States. This section requires justing to lawful permanent residence. For Sec. 18. Authority to Designate Certain Groups meaningful consultation to take place be- many, this requirement presents no obsta- of Refugees for Consideration. tween Cabinet-level officers and the commit- cles, as resettled refugees immediately begin This section authorizes the President to tees of jurisdiction of the Congress by May 1 to work, learn English, and contribute to designate certain groups as eligible for expe- of each year.

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.023 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3831 Sec. 22. Admission of Refugees in the Absence of nizations. The GAO study will issue statu- National Center for Transgender Equality; the Annual Presidential Determination. tory recommendations. National Immigrant Justice Center; Na- This section states that for a fiscal year in Sec. 27. Refugee Assistance. tional Immigration Forum; National Immi- gration Law Center; National Council of which the executive branch does not deter- This section revises the formula for social Jewish Women; National Latina Institute for mine the allocation of refugees for that year, services funding allocated to states to in- Reproductive Health; Organization for Ref- the admission of refugees is not delayed. clude projections of future refugee arrivals, uge, Asylum & Migration; PFLAG National Rather, until a determination is announced as well as refugee data from prior years. This (Parents, Families and Friends of Lesbians for the new fiscal year, in each quarter of the section requires an annual report on sec- and Gays); RefugeeOne; Refugee Women’s new fiscal year, the number of refugees equal ondary migration and its impact on states. Network, Inc.; Refugees International; State to one-quarter for the prior fiscal year’s allo- Sec. 28. Resettlement Data. cation may be admitted. Coordinators of Refugee Resettlement This section expands and improves data (SCORR); Tahirih Justice Center; United Af- Sec. 23. Update of Reception and Placement collection and reporting within ORR with re- rican Organization; U.S. Committee for Ref- Grants. gard to the mental health and housing needs ugees and Immigrants; U.S. Conference of When a refugee is resettled in the United of refugees. It will also collect long term em- Catholic Bishops; Vermont Immigration and States, the federal government assists him ployment and self-sufficiency data on reset- Asylum Advocates; Women’s Refugee Com- or her through Reception and Placement tled refugees. mission. Grants to non-governmental organizations Sec. 29. Protections for Refugees. The U.S. Commission on International Re- (NGOs) that help refugees find housing, place ligious Freedom supports the Refugee Pro- Current law makes refugees resettled in their children in school, enroll in ESL class- tection Act of 2011. es, and take other initial steps toward build- the United States eligible to apply for lawful *Deborah Anker, Clinical Professor of Law ing a new life in the United States. Early in permanent residence after one year. How- and Director, Harvard Immigration and Ref- 2010, the administration increased the per ever, current law also suggests that a ref- ugee Clinical Program, Harvard Law School. capita grant level to $1800 per refugee, up to ugee who does not adjust status after one *Sabi Ardalan, Lecturer on Law, Harvard $1100 of which may be awarded directly to year may be taken into custody by DHS. Immigration and Refugee Clinical Program. the refugee for immediate costs, and up to (See Section 209 of the INA, 8 U.S.C. 1159). *Regina Germain, Adjunct Professor of $700 of which is used by the NGO to cover the The agency recently issued guidance to clar- Asylum Law and the Asylum Practicum, cost of dedicated staff and expenses. Prior to ify interpretation of the law, stating that de- University of Denver Sturm College of Law. 2010, the per capita level had not kept pace tention of an unadjusted refugee who is *Philip G. Schrag, Delaney Family Pro- with inflation. For years it was set at a level found to be inadmissible or deportable fessor of Public Interest Law, Georgetown so low that refugees were effectively con- should be determined under the statute re- University. *Shoba Sivaprasad Wadhia, Clinical Pro- signed to poverty upon arrival in the United lating to apprehension and detention of fessor of Law & Director, Center for Immi- States, and NGOs were only able to offset aliens. (See Section 236 of the INA, 8 U.S.C. grants’ Rights, Penn State Dickinson School the cost of basic support services to the refu- 1226.) Accordingly, this section of the bill of Law. gees by raising additional funds. To ensure strikes language in current law that sug- *Title and affiliation listed for informa- that the per capita amount does not fall be- gests that refugees may be taken into cus- tional purposes only. hind the minimum level required for basic tody simply for remaining unadjusted. This section also allows a refugee to apply for needs, this section requires the per capita By Ms. SNOWE (for herself, Mr. amount to be adjusted on an annual basis for lawful permanent residence up to three KERRY, Mr. ISAKSON, Ms. KLO- inflation and the cost of living. It also calls months prior to obtaining a year of presence for better forecasting of financial needs with in the United States. BUCHAR, and Mr. INOUYE): regard to the number of refugees expected to Sec. 30. Extension of Eligibility Period for Social S. 1203. A bill to amend title XVIII of be resettled each year and allows for addi- Security Benefits for Certain Refugees. the Social Security Act to provide for tional amounts to be paid out in the event This section extends social security bene- the coverage of home infusion therapy that a higher than anticipated number of ref- fits to elderly and disabled refugees who under the Medicare Program; to the ugees is admitted in a fiscal year. have not yet naturalized. Typically, certain Committee on Finance. Sec. 24. Protection for Aliens Interdicted at Sea. eligible refugees may receive social security Ms. SNOWE. Mr. President, today I for seven years. That period was extended for The U.S. government should apply one join my colleague on the Senate Fi- two years in 2008 by a bipartisan bill sup- standard, consistent with the Refugee Con- nance Committee, Senator JOHN KERRY ported by President Bush. This section ex- vention, to all asylum seekers interdicted at of Massachusetts, to introduce the tends the social security funding for one ad- sea, regardless of their nationality. Yet a ditional year. Medicare Home Infusion Coverage Act, patchwork of policies has evolved over the which will help us improve care and re- Sec. 31. Authorization of Appropriations. past two decades often in response to mass duce costs. We are joined by Senator migrations at sea. The result is disparate This section authorizes such sums as are treatment of Cubans, Chinese and Haitians. necessary to carry out the Act. ISAKSON, Senator KLOBUCHAR, and Sen- ator INOUYE, who also recognize the This section will require the Secretary of Sec. 32. Determination of Budgetary Effects. Homeland Security to develop uniform poli- tremendous value offered by home in- This section contains standardized cies to identify asylum seekers among those fusion therapy. ‘‘PAYGO’’ language. interdicted at sea and to treat those individ- Today many serious conditions, in- uals fairly and in a non-discriminatory man- cluding some cancers and drug-resist- THE LEAHY-LEVIN-AKAKA-DURBIN REFUGEE ner. PROTECTION ACT OF 2011 ant infections—requires the use of infu- Sec. 25. Modification of Physical Presence Re- sion therapy. Such treatment involves ENDORSEMENTS AS OF JUNE 15, 2011 quirements for Aliens Serving as Trans- the administration of medication di- lators. American Bar Association; American Civil Liberties Union; American Humanist Asso- rectly into the bloodstream via a nee- Under current law, in order to be natural- ciation; American Immigration Lawyers As- dle or catheter. Specialized equipment, ized, most non-U.S. citizens must have con- sociation; American Jewish Committee; Am- supplies, and professional services, tinuous residence in the United States for nesty International USA; Association of Af- such as sterile drug compounding, care five years and physical presence for periods ricans Living in Vermont; Asylum Access; coordination, and patient education totaling half that time (21⁄2 years). This sec- Center for American Progress Action Fund; tion would permit absence from the United and monitoring, are part of such ther- Center for Gender & Refugee Studies; Center States while serving as a translator for the apy. The course of infusion treatment for Victims of Torture; CenterLink: The U.S. government in Iraq or Afghanistan to often lasts for several hours per day Community of LGBT Centers; Church World count toward the 21⁄2 years physical presence Service, Immigration and Refugee Program; over a 6-to-8 week period. required for naturalization. The Episcopal Church; Family Equality The regrettable fact is that Medicare Sec. 26. Assessment of the Refugee Domestic Re- Council; Golden Door Coalition of Illinois; patients requiring infusion therapy settlement Program. Hebrew Immigrant Aid Society; Hebrew Im- must either bear that cost themselves, This section directs GAO to conduct a migrant Aid Society Chicago; Heartland Al- or endure hospitalization in order to study on the effectiveness of the domestic liance for Human Needs & Human Rights; receive coverage. Though Medicare refugee resettlement program operated by Human Rights Campaign; Human Rights pays for infusion drugs, it does not pay the Office of Refugee Resettlement (ORR) of First; Human Rights Watch; Immigrant for the services, equipment, and sup- the Department of Health and Human Serv- Child Advocacy Project at the University of plies necessary to safely provide infu- ices. The study will analyze issues pertaining Chicago; Immigration Equality Action Fund; to the definition of self sufficiency, the effec- International Rescue Committee; Jewish sion therapy in the home. Not surpris- tiveness of ORR in helping refugees to attain Child and Family Services (Metropolitan ingly, even though home infusion ther- self-sufficiency, the unmet needs of the pro- Chicago); Kids in Need of Defense (KIND); apy may cost as little as $100 a day, too gram, and the role of community-based orga- Lutheran Immigration and Refugee Service; few seniors can afford that cost.

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.025 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3832 CONGRESSIONAL RECORD — SENATE June 15, 2011 The result is that patients are hos- ‘‘Saving energy saves lives.’’ He said: ergy security challenges. DODESA is pitalized needlessly, driving costs of ‘‘Energy needs to be the first thing we not a silver bullet that will solve all of treatment as much as 10–20 times high- think about before we deploy another our problems. However, it’s part of a er than treatment in the home. These soldier, before we build another ship or silver buckshot solution that will re- unnecessary hospitalizations are not plane.’’ quire multiple changes in the way that only wasteful to Medicare, but they That dependence on oil also costs we do business. may even place the patient at risk of taxpayers a staggering amount of We owe it to our service members contracting a health care-acquired in- money. But our military’s reliance on and the American people to find ways fection. vulnerable energy resources is not just to use energy smarter and more effi- Private coverage for home infusion on the battlefield. At home, defense fa- ciently, and I believe this bill takes a therapy is commonplace. Private plans cilities rely on a fragile national grid, number of important steps in the right also recognize that patients benefit leaving critical assets vulnerable. The direction. from avoiding hospitalization. At home Defense Science Board found in its 2008 Mr. President, I ask unanimous con- they have familiar, comfortable sur- report, ‘‘More Fight—Less Fuel’’ that, sent that the, text of the bill be printed roundings, and family conveniently at ‘‘critical national security and home- in the RECORD. hand, no small concerns when fighting land defense missions are at an unac- There being no objection, the text of a serious illness. In fact, according to a ceptably high risk of extended outage the bill was ordered to be printed in June 2010 Government Accountability from failure of the grid.’’ the RECORD, as follows: Office report, ‘‘Health insurers contend All told, the military spends $20 bil- S. 1204 that the benefit has been cost-effec- lion on energy each year, consuming a Be it enacted by the Senate and House of Rep- tive, that is, providing infusion ther- whopping 135 million barrels of oil and resentatives of the United States of America in apy at home generally costs less than 30 million megawatt-hours of elec- Congress assembled, treatment in other settings. They also tricity. It consumes more fuel and elec- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. contend that the benefit is largely free tricity each year than most countries. (a) SHORT TITLE.—This Act may be cited as from inappropriate utilization and The Pentagon’s energy consumption the ‘‘Department of Defense Energy Security problems in quality of care.’’ has serious national security implica- Act of 2011’’. tions, but it also presents opportuni- (b) TABLE OF CONTENTS.—The table of con- By extending coverage of infusion tents for this Act is as follows: therapy to the home, we will correct ties. As the Logistics Management In- Sec. 1. Short title; table of contents. this unintended and unnecessary gap in stitute wrote, ‘‘Aggressively devel- Sec. 2. Congressional defense committees Medicare coverage. I hope my col- oping and applying energy-saving tech- defined. leagues will join us in support of this nologies to military applications would Sec. 3. Sense of Congress on Department of legislation so we may further the goals potentially do more to solve the most Defense energy savings initia- of improving patient safety and reduc- pressing long-term challenges facing tives. ing our escalating health care costs. DOD and our national security than Sec. 4. Waiver authority. any other single investment area.’’ TITLE I—OPERATIONAL ENERGY By Mr. UDALL of Colorado: That is why we have introduced this SECURITY S. 1204. A bill to amend title 10, legislation. I say ‘‘we’’ because this bill Sec. 101. Joint contingency base resource United States Code, to reform Depart- is the product of a joint effort with pilot project. Sec. 102. Research and development activi- ment of Defense energy policy, and for Congresswoman GIFFORDS’ office. other purposes; to the Committee on ties to incorporate hybrid-drive GABBY is a great friend, and we intro- technology into current and fu- Armed Services. duced this bill together last Congress. ture tactical fleet of military Mr. UDALL of Colorado. Mr. Presi- This year, my staff has worked closely ground vehicles. dent, I rise to speak about the Depart- with hers on this updated version. This Sec. 103. Conversion of Department of De- ment of Defense Energy Security Act is an issue that is near and dear to fense fleet of non-tactical of 2011 or DODESA, that I am intro- GABBY’s heart, and I know that she is motor vehicles to electric and ducing today. eager to continue her work on it in the hybrid motor vehicles. This bill takes a number of impor- House. Sec. 104. Ten-year extension of authorized tant steps toward addressing some of initial term of contracts for I am very proud of this legislation for storage, handling or distribu- our most critical national energy secu- a number of reasons. tion of liquid fuels and natural rity challenges. It authorizes increased First and foremost, DODESA will gas. development of alternative fuels and help the Department of Defense cut Sec. 105. Establishment of Department of increased usage of hybrid drive systems fuel consumption and long-term costs. Defense Joint Task Force for and electric vehicles. The bill stream- Secondly, it provides authorization Alternative Fuel Development. lines communication between agencies that will expand existing renewable en- TITLE II—INSTALLATION ENERGY responsible for energy programs across ergy studies and pilot programs SECURITY the DOD, and authorizes DOD to exam- through a Joint Contingency Base Re- Sec. 201. Funding for Installation Energy ine where the greatest potential exists source Security Project. This project Test Bed. for renewable energy programs. And it will help the service branches share Sec. 202. Funding for energy conservation authorizes DOD to determine how best projects. lessons learned as they study the best Sec. 203. Report on energy-efficiency stand- to incorporate smart grid technology ways to incorporate renewable energy ards. and to work with local communities to sources and fuel reduction initiatives, Sec. 204. Identification of energy-efficient develop contingency plans in the event such as the Marine Corps’ outstanding products for use in construc- of a power outage caused by cyber at- Experimental Forward Operating Base, tion, repair, or renovation of tacks or natural disasters. and the Army’s Net Zero Installations. Department of Defense facili- Simply put, this bill addresses the Third, Colorado is leading the way in ties. military’s single largest vulnerability: this commonsense area of energy secu- Sec. 205. Core curriculum and certification Its dependence on fossil fuel. When you standards for Department of rity. In particular, I would like to Defense energy managers. talk about that dependency in the- highlight the leadership of Fort Car- Sec. 206. Requirement for Department of De- ater—you’re talking about putting son, in my home state, which has been fense to capture and track data service members’ lives at risk. During chosen as one of two bases to partici- generated in metering depart- the wars in Iraq and Afghanistan, thou- pate in the Army’s ‘‘Triple Net Zero’’ ment facilities. sands of service men and women have pilot program. They are truly pioneers Sec. 207. Establishment of milestones for been injured and killed each year in at- in this important work, and I appre- achieving Department of De- tacks on fuel convoys. Osama bin ciate all of their efforts. fense 2025 renewable energy goal. Laden reportedly called those convoys In sum, our legislation will make Sec. 208. Development of renewable energy our military’s ‘‘umbilical cord.’’ In the America more secure, will save tax- sources on military lands. words of the Chairman of the Joint payer dollars, and it will save lives. Sec. 209. Development of renewable energy Chiefs of Staff, Admiral Mike Mullen: There is no single solution to our en- on military installations.

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0655 E:\CR\FM\A15JN6.027 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3833 Sec. 210. Report on cross-agency renewable operational independence from supply lines ‘‘(1) will meet the requirement or the need energy development efforts. and minimizing the resource footprint. The for the procurement; and Sec. 211. Elimination of approval require- Secretary of Defense shall designate a lead ‘‘(2) are commercially available at a cost ment for long-term contracts officer for the pilot project. reasonably comparable, on the basis of life- for energy or fuel for military (2) MECHANISMS TO BE ASSESSED.—The cycle cost, to motor vehicles containing only installations. mechanisms assessed under the pilot project an internal combustion or heat engine using Sec. 212. Consideration of energy security in shall include new energy and energy-effi- combustible fuel. developing energy projects on ciency technologies and such other systems, ‘‘(c) WAIVER AUTHORITY.—The Secretary of military installations using re- components, and technologies as the Sec- Defense may waive the prohibitions under newable energy sources. retary shall identify for purposes of the pilot subsection (a) with respect to a class of non- Sec. 213. Study on installation energy secu- project. tactical vehicles if the Secretary determines rity and societal impacts. (3) UTILIZATION OF SMALL BUSINESS.—In that there is a lack of commercial avail- SEC. 2. CONGRESSIONAL DEFENSE COMMITTEES carrying out the pilot project, the Secretary ability for the class of vehicles or if the ac- DEFINED. shall, to the extent practicable, seek to work quisition of such vehicles is cost prohibitive. In this Act, the term ‘‘congressional de- with small businesses through small-scale ‘‘(d) HYBRID DEFINED.—In this section, the fense committees’’ means the Committees on procurement of systems, components, and term ‘hybrid’, with respect to a motor vehi- Armed Services and Appropriations of the technologies described in paragraph (2). cle, means a motor vehicle that draws pro- Senate and the House of Representatives. (b) AUTHORIZATION OF APPROPRIATIONS.— pulsion energy from onboard sources of SEC. 3. SENSE OF CONGRESS ON DEPARTMENT There is authorized to be appropriated for stored energy that are both— OF DEFENSE ENERGY SAVINGS INI- fiscal year 2012 $4,000,000 to carry out the ‘‘(1) an internal combustion or heat engine TIATIVES. pilot project authorized by subsection (a). using combustible fuel; and It is the sense of Congress that— SEC. 102. RESEARCH AND DEVELOPMENT ACTIVI- ‘‘(2) a rechargeable energy storage sys- (1) the Department of Defense should de- TIES TO INCORPORATE HYBRID- tem.’’. velop, test, field, and maintain operation- DRIVE TECHNOLOGY INTO CURRENT (2) CLERICAL AMENDMENT.—The table of ally-effective technologies that reduce the AND FUTURE TACTICAL FLEET OF sections at the beginning of such subchapter MILITARY GROUND VEHICLES. energy needs of forward-deployed forces; is amended by inserting after the item relat- (a) IDENTIFICATION OF USABLE HYBRID- (2) the Secretary of Defense should ensure ing to section 2922c the following new item: the energy security of Department of De- DRIVE TECHNOLOGY.—Not later than one year ‘‘2922c-1. Conversion of Department of De- fense facilities; after the date of the enactment of this Act, fense non-tactical motor vehi- (3) the Assistant Secretary of Defense for the Secretary of Defense, in consultation cle fleet to motor vehicles Operational Energy Plans and Programs and with the Secretaries of the military depart- using electric or hybrid propul- the Deputy Under Secretary of Defense for ments and the Secretary of Energy, as appro- sion systems.’’. Installations and Environment should act in priate, shall submit to Congress a report concert to implement strategies and coordi- identifying hybrid-drive technologies suit- (b) APPLICABILITY.—The prohibition under nate activities across the services to meet able for incorporation into the next reset section 2922c–1(a) of title 10, United States Department-wide and service energy goals, and recap of motor vehicles of the current Code, as added by subsection (a), does not including service initiatives such as the tactical fleet of the military services. In apply to contracts for the procurement of Navy’s Great Green Fleet, the Air Force’s al- identifying suitable hybrid-drive tech- non-tactical vehicles entered into before the ternative fuel certification program, the nologies, the Secretary shall consider the date of the enactment of this Act. Army’s Net Zero installation pilot program, feasibility and costs and benefits of incor- SEC. 104. TEN-YEAR EXTENSION OF AUTHORIZED and the Marine Corps experimental forward porating a hybrid-drive technology into each INITIAL TERM OF CONTRACTS FOR operating base project; and type and variant of vehicle, including fuel STORAGE, HANDLING OR DISTRIBU- savings, and the design changes and amount TION OF LIQUID FUELS AND NAT- (4) in general, the Department of Defense URAL GAS. should aggressively pursue opportunities to of time required for incorporation. Section 2922 of title 10, United States Code, save energy, reduce energy-related costs, de- (b) HYBRID-DRIVE TECHNOLOGY DEFINED.—In is amended— crease reliance on foreign oil, decrease the this section, the term ‘‘hybrid-drive tech- (1) in subsection (a), by adding at the end energy-related logistics burden for deployed nology’’ means a propulsion system, includ- the following: ‘‘Contracts for the procure- forces, ensure the long-term sustainability of ing the engine and drive train, that draws ment of liquid fuels, or natural gas entered military installations, and strengthen energy from onboard sources of stored en- into pursuant to this section shall comply United States energy security. ergy that involve— (1) an internal combustion or heat engine with the requirements of section 526 of the SEC. 4. WAIVER AUTHORITY. using combustible fuel; and Energy Independence and Security Act of (a) IN GENERAL.—The Secretary of Defense (2) a rechargeable energy storage system. 2007 (42 U.S.C. 17142).’’. may waive the implementation or operation SEC. 103. CONVERSION OF DEPARTMENT OF DE- (2) in subsection (b), in the first sentence, of a provision of this Act or an amendment FENSE FLEET OF NON-TACTICAL by striking ‘‘5 years’’ and inserting ‘‘15 made by this Act if the Secretary certifies to MOTOR VEHICLES TO ELECTRIC years’’. Congress that implementation or continued AND HYBRID MOTOR VEHICLES. SEC. 105. ESTABLISHMENT OF DEPARTMENT OF operation of such provision would adversely (a) CONVERSION REQUIRED.— DEFENSE JOINT TASK FORCE FOR impact the national security of the United (1) IN GENERAL.—Subchapter II of chapter ALTERNATIVE FUEL DEVELOPMENT. States. 173 of title 10, United States Code, is amend- (a) ESTABLISHMENT OF TASK FORCE.—The (b) INTELLIGENCE ACTIVITY WAIVER.—The ed by inserting after section 2922c the fol- Assistant Secretary of Defense for Oper- Director of National Intelligence may, in lowing new section: ational Energy, Plans, and Programs shall consultation with the Secretary of Defense, ‘‘§ 2922c-1. Conversion of Department of De- chair a joint task force for alternative fuel exempt an intelligence activity of the United fense non-tactical motor vehicle fleet to development, consisting of the Secretaries of States, and related personnel, resources, and motor vehicles using electric or hybrid pro- the military departments, or their designees, facilities, from a provision of this Act or an pulsion systems the Assistant Secretary for Research and En- amendment made by this Act to the extent ‘‘(a) DEADLINE FOR CONVERSION.—Beginning gineering, and other members determined the Director and Secretary determine nec- on October 1, 2017, the Secretary of Defense, appropriate. The task force shall— essary to protect intelligence sources and the Secretary of a military department, or (1) lead the military departments in the de- methods from unauthorized disclosure. the head of a Defense Agency may not pro- velopment of alternative fuel; TITLE I—OPERATIONAL ENERGY cure non-tactical motor vehicles or buses un- (2) streamline the current investments of SECURITY less such vehicles use— each of the military departments and ensure SEC. 101. JOINT CONTINGENCY BASE RESOURCE ‘‘(1) electric propulsion; that such investments account for the re- PILOT PROJECT. ‘‘(2) hybrid propulsion; or quirements of the military departments; (a) PILOT PROJECT AUTHORIZED.— ‘‘(3) an alternative propulsion system suffi- (3) collaborate with and leverage invest- (1) IN GENERAL.—The Secretary of Defense cient to make such non-tactical motor vehi- ments made by the Department of Energy shall, in consultation with the Secretary of cles and buses meet or exceed applicable Cor- and other Federal agencies to advance alter- Energy, as appropriate, carry out a pilot porate Average Fuel Economy standards. native fuel development; project to assess the feasibility and advis- ‘‘(b) PREFERENCE.—In procuring motor ve- (4) coordinate proposed alternative fuel in- ability of various joint and multi-service hicles for use by a military department or vestments in accordance with section 138c(e) mechanisms to decrease energy usage by de- defense agency after the date of the enact- of title 10, United States Code; and ployed military units, including by mini- ment of this section, the Secretary con- (5) focus its efforts on fuels that are com- mizing at forward operating bases the pro- cerned or the head of the defense agency pliant with the provisions of section 526 of duction of waste water, consumption of shall provide a preference for the procure- the Energy Independence and Security Act of drinking water, energy, and materials, and ment of non-tactical motor vehicles with a 2007 (42 U.S.C. 17142). reducing impacts on habitat and perimeter propulsion system described in paragraph (1), (b) IMPLEMENTATION.—The Assistant Sec- security and by maximizing capacity and ef- (2), or (3) of subsection (a), including plug-in retary of Defense for Operational Energy, fectiveness at such bases while promoting hybrid systems, if the motor vehicles— Plans, and Programs shall prescribe policy

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.029 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3834 CONGRESSIONAL RECORD — SENATE June 15, 2011 for the task force established pursuant to SEC. 204. IDENTIFICATION OF ENERGY-EFFI- sioning, recommissioning, and continuous subsection (a) and certify the budget associ- CIENT PRODUCTS FOR USE IN CON- commissioning of facilities. ated with alternative fuel investments of the STRUCTION, REPAIR, OR RENOVA- ‘‘(2) The curriculum and certification Department of Defense. TION OF DEPARTMENT OF DEFENSE standards shall leverage the best practices of FACILITIES. (c) NOTIFICATION.—Not later than 180 days each of the military departments. after the date of the enactment of this Act, (a) RESPONSIBILITY OF SECRETARY OF DE- ‘‘(3) The certification standards shall iden- the Secretary of Defense shall submit to the FENSE.—Section 2915(e) of title 10, United tify professional qualifications required to congressional defense committees a copy of States Code, is amended by striking para- be designated as an energy manager. the policy prescribed under subsection (b). graph (2) and inserting the following new ‘‘(c) USE OF EXISTING ENERGY CERTIFI- paragraph: CATION PROGRAMS.—The Deputy Under Sec- TITLE II—INSTALLATION ENERGY ‘‘(2)(A) Not later than December 31, 2012, SECURITY retary for Installations and Environment the Secretary of Defense shall prescribe a may determine that an existing Federal en- SEC. 201. FUNDING FOR INSTALLATION ENERGY definition of the term ‘energy-efficient prod- ergy certification program is suitable to be TEST BED. uct’ for purposes of this subsection and es- used instead of the program described in sub- There is authorized to be appropriated tablish and maintain a list of products satis- $47,000,000 for each of fiscal years 2012 section (b) to improve the knowledge, skills, fying the definition. The definition and list and abilities of energy managers designated through 2016 for research, development, test, shall be developed in consultation with the and evaluation, Defense-wide, for the Instal- for military installations. Secretary of Energy to ensure, to the max- ‘‘(d) INFORMATION SHARING.—The Secretary lation Energy Test Bed (PE 0603XXXD8Z). As imum extent practicable, consistency with of Defense shall ensure that there are oppor- appropriate, all Department of Defense definitions of the term used by other Federal tunities and forums, not less than annually, projects funded through this program shall agencies. for energy managers to exchange ideas and be open and available to the Department of ‘‘(B) The Secretary shall modify the defini- lessons learned within each military depart- Energy and its commercialization team. tion and list of energy-efficient products as ment, as well as across the Department of SEC. 202. FUNDING FOR ENERGY CONSERVATION necessary, but not less than annually, to ac- Defense.’’. PROJECTS. count for emerging or changing technologies. (2) CLERICAL AMENDMENT.—The table of (a) AUTHORIZATION TO OBLIGATE FUNDS.— ‘‘(C) The list of energy-efficient products sections at the beginning of such subchapter The Secretary of Defense may obligate, from shall be included as part of the energy per- amounts appropriated for military construc- is amended by inserting after the item relat- formance master plan developed pursuant to tion, land acquisition, and military family ing to section 2915 the following new item: section 2911(b)(2) of this title. The Secretary housing functions of the Department of De- ‘‘2915a. Facilities: Department of Defense en- of Defense shall report any research on top- fense (other than the military departments) ergy managers.’’. ics related to technologies covered in this and available to carry out energy conserva- (b) ISSUANCE OF GUIDANCE.—Not later than subsection being funded at national labora- tion projects, $135,000,000 for fiscal year 2012 180 days after the date of the enactment of tories to the relevant program management to carry out energy conservation projects this Act, the Secretary of Defense shall issue offices of the Department of Energy to en- under chapter 173 of title 10, United States guidance for the implementation of the core sure research agendas are coordinated, where Code, to accelerate implementation of the curriculum and certification standards for appropriate.’’. energy performance plan of the Department energy managers required by section 2915a of (b) CONFORMING AMENDMENT TO ENERGY of Defense and achievement of the energy title 10, United States Code, as added by sub- PERFORMANCE MASTER PLAN.—Section performance goals established under section section (a). 2911(b)(2) of such title is amended by adding 2911 of such title, as amended by this Act. (c) BRIEFING REQUIREMENT.—Not later than at the end the following new subparagraph: (b) AUTHORIZATION OF APPROPRIATIONS TO 180 days after the date of the enactment of COMPENSATE FOR DEFICIENCY.—There is au- ‘‘(F) The up-to date list of energy-efficient this Act, the Secretary of Defense, or des- thorized to be appropriated to the Secretary products maintained under section 2915(e)(2) ignated representatives of the Secretary, of Defense for fiscal year 2012 an amount of this title.’’. shall brief the Committees on Armed Serv- equal to the difference between— SEC. 205. CORE CURRICULUM AND CERTIFI- ices of the Senate and House of Representa- (1) the amount that may be obligated by CATION STANDARDS FOR DEPART- tives regarding the details of the energy MENT OF DEFENSE ENERGY MAN- manager core curriculum and certification the Secretary of Defense under subsection AGERS. (a); and requirements. (a) TRAINING PROGRAM AND ISSUANCE OF (2) the amount appropriated for such fiscal SEC. 206. REQUIREMENT FOR DEPARTMENT OF GUIDANCE.— year for military construction, land acquisi- DEFENSE TO CAPTURE AND TRACK (1) IN GENERAL.—Subchapter I of chapter DATA GENERATED IN METERING DE- tion, and military family housing functions 173 of title 10, United States Code, is amend- of the Department of Defense (other than the PARTMENT FACILITIES. ed by inserting after section 2915 the fol- (a) STUDY.—The Secretary of Defense shall military departments) and available to carry lowing new section: conduct a study on the collection of data out energy conservation projects. ‘‘§ 2915a. Facilities: department of defense en- generated in the energy metering of Depart- SEC. 203. REPORT ON ENERGY-EFFICIENCY ment of Defense facilities, including an as- STANDARDS. ergy managers sessment of what data is most relevant to (a) REPORT REQUIRED.—Not later than Jan- ‘‘(a) TRAINING PROGRAM REQUIRED.—The energy efficiency determinations and an ex- uary 30, 2013, the Secretary of Defense shall Secretary of Defense shall establish a train- amination of methods to collect such data. submit to the congressional defense commit- ing program for Department of Defense en- The study shall include recommendations for tees a report on the energy-efficiency stand- ergy managers designated for military in- transmitting metering data electronically in ards utilized by the Department of Defense stallations— a way that ensures protection from for military construction. ‘‘(1) to improve the knowledge, skills, and cyberthreats. (b) CONTENTS OF REPORT.—The report shall abilities of energy managers; and (b) DATA CAPTURE REQUIREMENT.—The Sec- include the following: ‘‘(2) to improve consistency among energy retary of Defense shall require that the in- (1) A cost-benefit analysis, on a life cycle managers throughout the Department in the formation generated by the installation en- basis, of adopting American Society of Heat- performance of their responsibilities. ergy meters be captured and tracked to de- ‘‘(b) CURRICULUM AND CERTIFICATION.—(1) ing, Refrigerating and Air-Conditioning En- termine baseline energy consumption and fa- The Secretary of Defense shall identify core gineers (ASHRAE) building standard 189.1 cilitate efforts to reduce energy consump- curriculum and certification standards re- versus 90.1 for sustainable design and devel- tion. The data shall be made available to quired for energy managers. At a minimum, opment for the construction and renovation procurement officials to enable decisions re- the curriculum shall include the following: of non-temporary buildings and structures garding technology acquisitions to include ‘‘(A) Details of the energy laws that the for the use of the Department of Defense. consideration of relevant energy efficiency Department of Defense is obligated to com- (2) Department of Defense policy pre- information. scribing a comprehensive strategy for the de- ply with and the mandates that the Depart- ment of Defense is obligated to implement. SEC. 207. ESTABLISHMENT OF MILESTONES FOR velopment of design and building standards ACHIEVING DEPARTMENT OF DE- across the Department that include specific ‘‘(B) Details of energy contracting options FENSE 2025 RENEWABLE ENERGY energy-efficiency standards and sustainable for third-party financing of facility energy GOAL. design attributes for military construction projects. Section 2911(e) of title 10, United States based on the cost-benefit analysis required ‘‘(C) Details of the interaction of Federal Code, is amended— by paragraph (1), and consistent with the re- laws with State and local renewable port- (1) by redesignating paragraph (2) as para- quirement under subsection (c). folio standards. graph (3); and (c) ENERGY EFFICIENCY STANDARDS.—The ‘‘(D) Details of current renewable energy (2) by inserting after paragraph (1) the fol- Secretary of Defense shall prescribe Depart- technology options, and lessons learned from lowing new paragraph: ment-wide standards, to be effective no later exemplary installations. ‘‘(2) In achieving the goal specified in para- than January 1, 2014, for the design, con- ‘‘(E) Details of strategies to improve indi- graph (1) regarding the use of renewable en- struction, and renovation of Department of vidual installation acceptance of its respon- ergy by the Department of Defense— Defense facilities that mandate energy effi- sibility for reducing energy consumption. ‘‘(A) after September 30, 2015, the Depart- ciency standards equivalent, at a minimum, ‘‘(F) Details of how to conduct an energy ment shall produce or procure from renew- to ASHRAE building standard 189.1. audit and the responsibilities for commis- able energy sources not less than 12 percent

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.029 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3835 of the total quantity of facility energy it ‘‘(I) energy generated by a small hydro- drawn from the public domain or subject to consumes within its facilities; electric facility that produces less than 50 a special use permit issued by the United ‘‘(B) after September 30, 2018, the Depart- megawatts; States Forest Service, and identifies Federal ment shall produce or procure from renew- ‘‘(II) energy from pumped storage; and and State statutory and regulatory con- able energy sources not less than 16 percent ‘‘(III) energy from a lake tap. straints to the development of renewable en- of the total quantity of facility energy it ‘‘(B) STANDARDS.—Nothing in this para- ergy facilities on installations and ranges consumes within its facilities; and graph or the application of this paragraph designed to produce power in excess of the ‘‘(C) after September 30, 2021, the Depart- shall affect the standards under which the current or projected requirements of the ment shall produce or procure from renew- Federal Energy Regulatory Commission military installation or range concerned; able energy sources not less than 20 percent issues licenses for and regulates hydropower (2) contains recommendations to facilitate of the total quantity of facility energy it projects under part I of the Federal Power and incentivize large-scale renewable devel- consumes within its facilities.’’. Act (16 U.S.C. 791a et seq.).’’. opment on military installations and ranges, SEC. 208. DEVELOPMENT OF RENEWABLE EN- (b) CLERICAL AMENDMENTS.— including those composed in whole or in part ERGY SOURCES ON MILITARY (1) SECTION HEADING.—The heading of such from lands withdrawn from the public do- LANDS. section is amended to read as follows: main or subject to a special use permit (a) EXPANSION OF CURRENT GEOTHERMAL ‘‘§ 2917. Development of renewable energy issued by the United States Forest Service; AUTHORITY.—Section 2917 of title 10, United sources on military lands’’. and States Code, is amended— (3) contains recommendations on— (1) by striking ‘‘The Secretary’’ and insert- (2) TABLE OF SECTIONS.—The table of sec- tions at the beginning of subchapter I of (A) necessary changes in any law or regula- ing ‘‘(a) IN GENERAL.—The Secretary’’; chapter 173 of such title is amended by strik- tion; (2) by striking ‘‘geothermal energy re- (B) whether the authorization for the use source’’ and inserting ‘‘renewable energy ing the item relating to section 2917 and in- serting the following new item: of such lands for development of renewable source’’; and energy projects should be pursuant to lease, (3) by adding at the end the following new ‘‘2917. Development of renewable energy sources on military lands.’’. contract, right-of-way, permit, or other form subsections: of authorization; ‘‘(b) CONSIDERATION OF ENERGY SECURITY.— SEC. 209. DEVELOPMENT OF RENEWABLE EN- (C) methods of improving coordination The development of a renewable energy re- ERGY ON MILITARY INSTALLATIONS. among the Federal, State, and local agen- source under subsection (a) shall include (a) MILITARY INSTALLATIONS STUDY.— cies, if any, involved in authorizing renew- consideration of energy security in the de- (1) IN GENERAL.—Not later than 2 years able energy projects; and sign and development of the project to en- after the date of the enactment of this Act, (D) the disposition of revenues resulting sure that it does not have an adverse impact the Secretary of Defense, in consultation from the development of renewable energy on mission needs. with the Secretary of the Interior, the Sec- ‘‘(c) DEFINITIONS.—In this section: projects on such lands. retary of Agriculture, the Secretary of En- (c) SUBMISSION OF STUDY AND REPORT.—The ‘‘(1) RENEWABLE ENERGY.—The term ‘re- ergy, and the heads of other Federal agen- Secretary shall, upon their completion, sub- newable energy’ means electric energy gen- cies, as appropriate, shall complete a study mit the study required by paragraph (a) and erated from— identifying locations on military installa- the report required by paragraph (b) to the ‘‘(A) solar energy; tions and ranges, including military installa- Committee on Armed Services, the Com- ‘‘(B) wind energy; tions and ranges composed in whole or in mittee on Energy and Natural Resources, ‘‘(C) marine and hydrokinetic renewable part from lands withdrawn from the public and the Committee on Appropriations of the energy; domain or subject to a special use permit Senate and the Committee on Armed Serv- ‘‘(D) geothermal energy; issued by the United States Forest Services ices, the Committee on Natural Resources, ‘‘(E) qualified hydropower; that— and the Committee on Appropriations of the ‘‘(F) biomass; or (A) exhibit a high potential for solar, wind, House of Representatives. ‘‘(G) landfill gas. geothermal, and other renewable energy pro- SEC. 210. REPORT ON CROSS-AGENCY RENEW- ‘‘(2) BIOMASS.—The term ‘biomass’ has the duction; and ABLE ENERGY DEVELOPMENT EF- meaning given the term in section 203(b) of (B) could be developed for renewable en- FORTS. the Energy Policy Act of 2005 (42 U.S.C. ergy production in a manner consistent Not later than 180 days after the date of 15852(b)). with— the enactment of this Act, the Secretary of ‘‘(3) QUALIFIED HYDROPOWER.— (i) all present and reasonably foreseeable Defense, in consultation with the Secretary ‘‘(A) IN GENERAL.—The term ‘qualified hy- military training and operational mission of Energy, the Secretary of the Interior, and dropower’ means— needs and research, development, testing, the heads of other Federal agencies, as ap- ‘‘(i) incremental hydropower; and evaluation requirements; and propriate, shall submit to Congress a report ‘‘(ii) additions of capacity made on or after (ii) all applicable environmental require- addressing cross-jurisdictional issues in- January 1, 2001, or the effective commence- ments. volved with the development of renewable ment date of an existing applicable State re- (2) NOTICE OF INTENT TO PREPARE ENVIRON- energy on military installations and ranges, including military installations and ranges newable electricity standard program at an MENTAL IMPACT ANALYSIS.—Not later than 1 existing non-hydroelectric dam, if— year after the completion of the study re- composed in whole or in part from lands ‘‘(I) the hydroelectric project installed on quired under paragraph (1), the Secretary of withdrawn from the public domain or subject to a special use permit issued by the United the non-hydroelectric dam— Defense, in consultation with the Secretary States Forest Service. The report shall in- ‘‘(aa) is licensed by the Federal Energy of the Interior, the Secretary of Agriculture, clude a description of the authority to ap- Regulatory Commission, or is exempt from the Secretary of Energy, and the heads of prove such development and options for dis- licensing, and is in compliance with the other Federal agencies, as appropriate, shall terms and conditions of the license or ex- position or use of funds generated from these prepare and publish in the Federal Register a renewable energy projects. emption; and Notice of Intent initiating the process to SEC. 211. ELIMINATION OF APPROVAL REQUIRE- ‘‘(bb) meets all other applicable environ- prepare an environmental impact analysis mental, licensing, and regulatory require- MENT FOR LONG-TERM CONTRACTS document to support a program to develop FOR ENERGY OR FUEL FOR MILI- ments, including applicable fish passage re- renewable energy on any lands identified in TARY INSTALLATIONS. quirements; the study as suitable for such production. Section 2922a of title 10, United States ‘‘(II) the non-hydroelectric dam— (3) USE OF EXISTING STUDIES AND ASSESS- Code, is amended— ‘‘(aa) was placed in service before the date MENTS.—The study required by paragraph (1) (1) in subsection (a), by striking ‘‘Subject of enactment of this section; shall, to the extent possible, draw from ex- to subsection (b), the Secretary of a military ‘‘(bb) was operated for flood control, navi- isting studies and assessments of the Depart- department’’ and inserting ‘‘The Secretary gation, or water supply purposes; and ment of Defense, other Federal agencies, and of a military department’’; ‘‘(cc) did not produce hydroelectric power such other studies as may be determined by (2) by striking subsection (b); and as of the date of enactment of this section; the Secretary of Defense to be relevant. (3) by redesignating subsection (c) as sub- and (b) ADDITIONAL MATTERS.—The Secretary section (b). ‘‘(III) the hydroelectric project is operated of Defense, in consultation with the Sec- SEC. 212. CONSIDERATION OF ENERGY SECURITY so that the water surface elevation at any retary of the Interior, the Secretary of Agri- IN DEVELOPING ENERGY PROJECTS given location and time that would have oc- culture, the Secretary of Energy, and the ON MILITARY INSTALLATIONS USING curred in the absence of the hydroelectric heads of other Federal agencies, as appro- RENEWABLE ENERGY SOURCES. project is maintained, subject to any license priate, shall, not later than 2 years after the (a) POLICY OF PURSUING ENERGY SECU- requirements imposed under applicable law date of the enactment of this Act, prepare a RITY.— that change the water surface elevation for report that— (1) POLICY REQUIRED.—The Secretary of De- the purpose of improving the environmental (1) addresses the legal authorities gov- fense shall establish a policy under which fa- quality of the affected waterway, as certified erning authorization for the development of vorable consideration is given for energy se- by the Federal Energy Regulatory Commis- renewable energy facilities on military in- curity in the design and development of re- sion; and stallations and ranges, including those com- newable energy projects on military installa- ‘‘(iii) in the case of the State of Alaska— posed in whole or in part from lands with- tions and ranges.

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.029 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3836 CONGRESSIONAL RECORD — SENATE June 15, 2011 (2) NOTIFICATION.—The Secretary of De- (b) ELEMENTS.—The study required under of dollars by holding drug companies fense shall provide notification to Congress subsection (a) shall include the following ele- accountable and using the purchasing within 30 days after entering into any agree- ments: power of the federal government to ne- ment for a facility energy project described (1) A discussion of policy considerations, gotiate lower drug prices. in paragraph (1) that excludes pursuit of en- including engagement with utilities, trans- That is why we are introducing the ergy security on the grounds that inclusion mission companies, and other entities in- of energy security is cost prohibitive. The volved in the incorporation of microgrids or Medicare Drug Savings Act. The bill Secretary shall also provide a cost-benefit other secure power generation infrastructure will eliminate a special deal from the analysis of the decision. on military installations designed to assure 2003 Medicare prescription drug law (3) ENERGY SECURITY DEFINED.—In this sub- continued mission-critical power in the that allows drug companies to charge section, the term ‘‘energy security’’ has the event of a failure or extended interruption in Medicare higher prices for some sen- meaning given that term in section 2924 of the commercial power grid. iors’ prescription drugs. It would re- title 10, United States Code, as added by sub- (2) An analysis of— quire prescription drug manufacturers section (d). (A) whether, in the event a military instal- to pay rebates to Medicare for dually (b) ADDITIONAL CONSIDERATION FOR DEVEL- lation has the continued use of a secure eligible beneficiaries in Medicare and OPING AND IMPLEMENTING ENERGY PERFORM- microgrid during a power disruption in an Medicaid. This proposal would reduce ANCE GOALS AND ENERGY PERFORMANCE MAS- adjacent community lasting more than 36 TER PLAN.—Section 2911(c) of title 10, United hours, the military installation should have the deficit, saving taxpayers an esti- States Code, is amended by adding at the end the capability and energy-generating capac- mated $112 billion over the next ten the following new paragraph: ity in excess of that required to assure con- years, according to the Congressional ‘‘(12) Opportunities for improving energy tinuation of mission-critical power in order Budget Office. Similar proposals were security for facility energy projects that will to allow delivery of emergency power sup- also included in the recommendations use renewable energy sources.’’. port to non-Department of Defense facilities from the President’s Commission on (c) REPORTING REQUIREMENT.—Section and users providing emergency services and Fiscal Responsibility and Reform, and 2925(a)(3) of such title is amended by insert- other critical functions in an adjacent com- the President’s framework for deficit ing ‘‘whether the project incorporates energy munity; security into its design,’’ after ‘‘through the (B) the policy and other implications of reduction. duration of each such mechanism,’’. not developing the capability and capacity Prior to the creation of the Medicare (d) ENERGY SECURITY DEFINED.— described in subparagraph (A); prescription drug program, brand-name (1) IN GENERAL.—Subchapter III of chapter (C) the budgetary implication of devel- drug manufacturers paid a drug rebate 173 of title 10, United States Code, is amend- oping the capability and capacity described for dually eligible beneficiaries in ed by inserting before section 2925 the fol- in subparagraph (A); and Medicare and Medicaid. However, when lowing new section: (D) the potential sources of funding from the new Medicare drug program was es- ‘‘§ 2924. Energy security defined entities outside the Department of Defense tablished, drug companies no longer required to develop the capability and capac- had to provide these rebates, resulting ‘‘(a) IN GENERAL.—In this chapter, the ity described in subparagraph (A). term ‘energy security’ means having assured (c) REPORT.—Not later than 18 months in windfall profits for prescription drug access to reliable supplies of energy and the after the date of the enactment of this Act, manufacturers, at taxpayers’ expense. ability to protect and deliver sufficient en- the Secretary of Defense shall submit to The Medicare Drug Savings Act ergy to meet operational needs. Congress a report on the study conducted would require prescription drug manu- ‘‘(b) PURSUIT OF ENERGY SECURITY.—In se- under this section, together with a plan for facturers to provide a rebate for drugs lecting facility energy projects on a military implementing the recommendations of the provided to dually eligible beneficiaries installation that will use renewable energy study. sources, pursuit of energy security means as well as all other enrollees in the low-income-subsidy, LIS, plan in the the installation will give favorable consider- By Mr. ROCKEFELLER (for him- Medicare Part D Prescription Drug ation to projects that provide power directly self, Mr. BINGAMAN, Ms. STABE- into the installation electrical distribution Program. Manufacturers would be re- NOW, Mr. BLUMENTHAL, Mr. network. In such cases, this power should be quired to pay the difference between BROWN of Ohio, Mrs. BOXER, Mr. prioritized to provide the power necessary the lowest current rebates they are FRANKEN, and Mr. MERKLEY): for critical assets on the installation in the paying to private Part D drug plans, S. 1206. A bill to amend title XVIII of event of a disruption in the commercial and, the percentage of Average Manu- the Social Security Act to require drug grid.’’. facture Price, AMP, they currently pay (2) CLERICAL AMENDMENT.—The table of manufacturers to provide drug rebates under Medicaid, plus an additional re- sections at the beginning of such subchapter for drugs dispensed to low-income indi- bate if their prices grow additional in- is amended by inserting before the item re- viduals under the Medicare prescrip- flation. They would be required to par- lating to section 2925 the following new sec- tion drug benefit program; to the Com- ticipate in the rebate program in order tion: mittee on Finance. ‘‘2924. Energy security defined.’’. Mr. ROCKEFELLER. Mr. President, I for their drugs to be covered by Medi- care Part D. (e) STUDY ON USE OF RENEWABLE ENERGY TO rise today to introduce the Medicare I urge my colleagues to support this IMPROVE ENERGY SECURITY.— Drug Savings Act of 2011. I am proud to bill. In doing so, we will protect Medi- (1) STUDY.—Not later than 180 days after be joined by my colleagues Senator the date of the enactment of this Act, the care for seniors, and end a giveaway to JEFF BINGAMAN of New Mexico, Senator Secretary of Defense shall enter into a con- drug companies that is costing tax- tract with an independent entity to conduct DEBBIE STABENOW of Michigan, Senator payers hundreds of billions of dollars. a study on the use of renewable energy gen- RICHARD BLUMENTHAL of Connecticut, eration to improve energy security at mili- Senator SHERROD BROWN of Ohio and By Mr. PRYOR (for himself and tary installations. Senator BARBARA BOXER of California, Mr. ROCKEFELLER): (2) REPORT.—Not later than 18 months in introducing this important piece of S. 1207. A bill to protect consumers after the date of the enactment of this Act, legislation. by requiring reasonable security poli- the Secretary of Defense, in consultation The Republican budget would end cies and procedures to protect data with the Chief Information Officer and the Medicare as we know it, replacing it containing personal information, and relevant energy offices within the Depart- with a voucher program that would ment of Defense, shall submit to the congres- to provide for nationwide notice in the sional defense committees a report on the double seniors’ out of pocket costs and event of a security breach; to the Com- study conducted under paragraph (1), to- leave them at the mercy of private in- mittee on Commerce, Science, and gether with the Secretary’s recommenda- surance companies. It would also deci- Transportation. tions for using renewable energy generation mate the Medicaid program, leaving Mr. ROCKEFELLER. Mr. President, I to improve energy security at military in- millions of vulnerable individuals in- rise to say a few words on the introduc- stallations. cluding seniors, children, and people tion of the Data Security and Breach SEC. 213. STUDY ON INSTALLATION ENERGY SE- with disabilities with nowhere to turn Notification Act. Senator PRYOR and I CURITY AND SOCIETAL IMPACTS. for care. We need to responsibly reduce introduced this bill in the 111th Con- (a) STUDY.—Not later than 180 days after our deficit, but taking away health gress, and given the recent high-profile the date of the enactment of this Act, the Secretary of Defense shall enter into a con- care for seniors and other vulnerable data breaches that have endangered tract with an independent entity to conduct people should be off the table. Rather the well-being of millions of ordinary a study on energy security issues at military than dismantling Medicare and Med- American consumers, today’s reintro- installations and related societal impacts. icaid, we can save hundreds of billions duction of this comprehensive bill is

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.029 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3837 timely. I want to thank and commend and many sectors in the business com- dress the problem of stranded capital Senator PRYOR for his leadership on munity, and I will work with Senator still on deposit in various CCF ac- this issue and for his terrific work as PRYOR to address further concerns in counts and to relieve the pressure to Chairman of the Consumer Protection order to garner consensus. increase further capitalization of the Subcommittee on the Commerce Com- fishing fleet. My legislation will enable mittee. By Mr. WYDEN (for himself, Ms. CCF fundholders to make a one-time As the recent breaches at Citigroup, MURKOWSKI, Mrs. MURRAY, Mr. withdrawal from their CCF accounts Sony, and Epsilon have taught us, com- BEGICH, and Ms. CANTWELL): without requiring them to reinvest it panies that collect and store sensitive S. 1208. A bill to provide an election in the fishing industry. Instead, they consumer information should have two to terminate certain capital construc- will be required to pay the taxes due on important obligations: to maintain tion funds without penalties; to the the monies withdrawn, but without that information in a manner that is Committee on Finance. having to pay interest or other pen- safe and secure; and to notify affected Mr. WYDEN. Mr. President, today I alties on such withdrawals. Those consumers as quickly as possible in the am reintroducing a bill to reform the funds would be freed up for other pur- wake of a security breach in order to Capital Construction Fund to address poses, including starting a new busi- allow them to take necessary steps to major changes in the Nation’s fisheries ness and finding other ways to support protect themselves. Senator PRYOR’s and to allow the Nation’s fishers to and create jobs. An income-averaging and my bill addresses both of these ob- have access to needed funds to prevent formula would be applied to the with- ligations. Currently, 47 States have overfishing and to help create jobs. drawals so as to avoid an excessive tax data breach notification laws on the The Capital Construction Fund, CCF, rate on the one-time withdrawal. The books, but very few address how com- program was originally developed at a fishers taking advantage of such an op- panies should secure their data from time when American fishers were hav- portunity to take money out of their the outset to prevent such breaches. ing a hard time competing with highly CCF accounts penalty free would then Our bill calls on the Federal Trade efficient foreign fishing vessels, mod- be required to close their CCF accounts Commission to promulgate regulations ern boats that often harvested U.S. and would be prohibited from further that direct companies to establish and fishery resources within sight of our participation in the program. This is a maintain reasonable protocols to se- own shores. The initial idea behind the win-win-win situation. The fisher gets cure consumer data from unauthorized CCF Program was to enable U.S. fish- to take the money out of his CCF with- access. In this regard, the bill also has ers to accumulate the funds necessary out having to pay penalties and inter- specific provisions addressing data bro- to develop a modern fishing fleet by al- est, but still pays the taxes when due; kers, which are companies that collect lowing them to deposit a portion of the government gets taxes on the with- and sell massive amounts of informa- their fishing-related earnings into a drawals; and the resource and the fish- tion on individuals, largely without CCF savings account on a tax-deferred ers who remain in the fishery avoid their knowledge. The Data Security basis. Under the CCF program, monies further capitalization of an already and Breach Notification Act would subsequently withdrawn from the CCF overcapitalized industry. allow consumers to access and, if nec- accounts would remain tax free as long I look forward to working with Sen- essary, correct the personal informa- as they were invested in new or rebuilt ator MURKOWSKI, the fishing commu- tion that these data brokers maintain fishing vessels. At the same time, any nity, and the bill’s other supporters to and sell. unauthorized withdrawals from CCF advance this legislation to the Presi- Furthermore, if a security breach oc- accounts were subject to severe inter- dent’s desk. curs, our bill requires companies to no- est and other penalties. tify affected consumers unless there is The program was a success; the CCF By Mrs. FEINSTEIN (for herself, no reasonable risk of identity theft, program helped the U.S. industry build Ms. COLLINS, Mr. REED, and fraud or unlawful conduct. This breach a modern state-of-the-art fishing fleet. Mrs. BOXER): notification standard is very important Unfortunately, that fleet has now be- S. 1211. A bill amend the Federal and reflects the most consumer-protec- come overcapitalized, a problem that Food, Drug, and Cosmetic Act to pre- tive standard in the country. The pre- has been exacerbated as managers have serve the effectiveness of medically im- sumption is that companies should no- become more and more concerned portant antibiotics used in the treat- tify consumers of a breach. However, if about potential overfishing and have ment of human and animal diseases; to the breached entity determines that begun to reduce the amount of fish the Committee on Health, Education, there is no reasonable risk of harm, for that they allow fishers to catch each Labor, and Pensions. instance, if the company has made the year. As a result, the U.S. commercial Mrs. FEINSTEIN. Mr. President, I data unusable through advanced fishing fleet now has more harvesting rise today to introduce the Preserva- encryption technology, then they are capacity than the U.S. fishery resource tion of Antibiotics for Medical Treat- spared this obligation. The FTC and can sustainably support. The problem ment Act of 2011. state Attorneys General are tasked now is that the monies that remain on Introducing this bill today is bitter- with enforcing the law. deposit in CCF accounts represent a po- sweet. As my colleagues know, we have The Commerce Committee has a tential for further overcapitalization been working to pass this bill for al- long, well-established history of ad- at a time when less capitalization is most a decade now. But for all those dressing data security issues, and the needed. Yet the CCF regulations cur- years it was one of our dearest col- Committee has reported data security rently penalize withdrawals made for leagues, Senator Ted Kennedy, who bills in past Congresses. As Chairman anything other than a bigger or better stood before this body to introduce the of the Commerce Committee, I intend boat. legislation. to work with Senator PRYOR to enact The issue now is what to do about the We certainly miss Senator Kennedy’s this bill into law. Majority Leader money that remains ‘‘stranded’’ in ex- leadership, his passion, his dedication REID has introduced a cyber-security isting CCF accounts. Ironically, just as and his political skill. bill that provides for the inclusion of a the current generation of fishers is get- But as I stand here today to intro- data security section, and the Obama ting ready to retire, the program puts duce the Preservation of Antibiotics Administration has also released a cy- heavy penalties on them if they take for Medical Treatment Act, I know bersecurity proposal that contains a money out of their CCF accounts with- that he would be proud to see the con- breach notification provision. The bill out using it for anything other than to tinued work and support for this bill. that Senator PRYOR and I have intro- further capitalize an already overcapi- Today, I am joined by Senator COL- duced is a carefully balanced bill that talized fleet. LINS, Senator REED of Rhode Island and protects consumers, but also addresses The resulting situation is problem- Senator BOXER as original cosponsors the legitimate needs of business and atic for the fishers, the industry and of this legislation. does not impose needless regulations the resource. That’s why I am reintro- It is my hope that in this Congress and obligations. This bill has wide sup- ducing legislation today along with my we can make some positive changes in port from both the consumer groups colleague Senator MURKOWSKI—to ad- this important area.

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.031 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3838 CONGRESSIONAL RECORD — SENATE June 15, 2011 Let me start by explaining what the antibiotic consumption by livestock is cently testified in front of the House Preservation of Antibiotics for Medical by animals that show no clinical signs Energy Committee that ‘‘studies re- Treatment Act does. of illness. lated to Salmonella as both a human The Preservation of Antibiotics for This type of treatment, referred to and animal pathogen, including many Medical Treatment Act directs the by doctors and veterinarians as non- studies in the United States, have dem- Food and Drug Administration to regu- therapeutic, creates the perfect breed- onstrated that use of antibiotic agents late the misuse of antibiotics in agri- ing ground for antibiotic resistant bac- in food animals results in antibiotic re- culture. It requires drug companies and teria. Unlike therapeutic doses of med- sistant bacteria in food animals, resist- producers to demonstrate that they are icine that are prescribed when we, or ant bacteria are present in the food using antibiotics to treat clinically any other animal gets sick, non-thera- supply and are transmitted to humans, diagnosable diseases in farm animals. peutic doses of antibiotics are rou- and resistant bacterial infections re- It requires that companies defend the tinely added to the food or water of sult in adverse human health con- process of adding gross amounts of livestock that are not ill. sequences, e.g., increased hospitaliza- antibiotics to the feed and water of These doses are not large enough, or tion. livestock and it requires them to prove powerful enough, to eliminate all the Doctor Joshua Sharfstein, Principal that this practice does not contribute bacteria inside their bodies. Instead, Deputy Commissioner of the Food and to antibiotic-resistance among hu- the small dose of antibiotics only kills Drug Administration also testified at mans. off the weakest bacteria; leaving the the hearing and agreed with Rear Ad- Unfortunately, it has become a com- strongest, most resistant bacteria be- miral Khan. The FDA, he said, ‘‘sup- mon practice in industrial agriculture hind to reproduce. ports the conclusion that using medi- to use antibiotics for ‘‘growth pro- Recognizing the impending health cally important antimicrobial drugs motion.’’ This practice allows for ani- crisis, some have taken dramatic ac- for production purposes is not in the mals kept in cramped quarters to grow tion. In 1998, Denmark became the first interest of protecting and promoting artificially fast, and artificially fat. country to ban the routine use of anti- the public health.’’ The most concerning part is that the biotics in the food and water of live- Quantitative evidence from the EU low doses of antibiotics fed to these stock. The entire European Union fol- and Canada also support these conclu- animals breed antibiotic resistant lowed suit in 2006. Australia, New Zea- sions. In response to public health con- pathogens. These pathogens make their land, Chile, Korea, Thailand, the Phil- cerns about the rise of cephalosporin, way into our food, our water, and our ippines, and Japan have also imple- an antibiotic, resistance in Salmonella communities. mented full or partial bans on non- and E. coli, chicken hatcheries in Antibiotic resistance is one of the therapeutic uses of antibiotics. Que´bec voluntarily stopped using the most significant public health chal- But the majority of producers in the drug in February 2005. Following the lenges facing us today, and numerous U.S. have not followed suit; and it is ban, the public health agency of Can- peer-reviewed studies have concluded time for a wakeup call. ada reported a dramatic 89 percent de- that the overuse of antibiotics in ani- That is why I am reintroducing the crease in the incidence of resistant sal- mal agriculture is making the problem Preservation of Antibiotics for Medical monella in chicken meat and 77 per- worse. Treatment Act. This legislation imple- cent decrease in related human infec- A recent study published in the med- ments a precautionary principle when tions. Once the drug was partially re- ical journal Clinical Infectious Dis- it comes to using antibiotics and re- introduced in 2007, antibiotic resistant eases found that nearly 50 percent of quires that producers and drug compa- infections in people jumped back up 50 grocery store meat was contaminated nies affirmatively demonstrate that percent. with antibiotic resistant pathogens. the non-therapeutic antibiotics in live- Unfortunately we are fighting an up- Even more concerning, 25 percent of all stock production do not contribute to hill battle with antibiotic resistant in- meat was contaminated with patho- the incidence of antibiotic resistant in- fections. Our tools and resources are gens that were resistant to three or fections in humans. diminishing even while the number and more types of antibiotics. Put simply, if growth promoting severity of these infections are increas- I have heard for years that anti- antibiotics can’t be used safely, they ing. biotics were the closest thing to a ‘‘sil- shouldn’t be used at all. One example is Methicillin-resistant ver bullet’’ in human medicine. But The real strength of this legislation Staphylococcus aureus, or MRSA. Ac- today, tens of thousands of people in is that it takes an incremental ap- cording to the Centers for Disease Con- the U.S. die each year from antibiotic proach. The new regulations regarding trol and Prevention, CDC, MRSA infec- resistant infections. So unfortunately antibiotic use under PAMTA would tions in 1974 accounted for only two we are learning the hard way that only apply to the limited number of percent of the total number of staph these precious, life saving drugs no antibiotics that are critical to human infections; in 1995 it was 22 percent; longer work as well as they once did. health and are used non-therapeuti- and by 2004 it was 63 percent. Antibiotic resistance is a real and cally. CDC estimates that by 2005, there growing problem, and its causes are This means that any drug not used in were 94,360 MRSA infections in the man-made. human medicine is left untouched by United States. Tragically, about 19,000 As our use of antimicrobial drugs has this legislation. of them, 20 percent, were fatal because increased, so has the ability of bacteria PAMTA also preserves the ability of MRSA is nearly immune to almost to withstand their effects. The only farmers to use all available antibiotics every antibiotic used in modern medi- way to preserve the effectiveness of to treat sick animals. cine. antibiotics is to use them responsibly. By focusing on only the most egre- By comparison, in 2005 there were In human medicine, this means that gious misuses of medically important 17,011 deaths due to AIDS; so the scope doctors must use better discretion antibiotics, PAMTA tackles the prob- and consequence of this problem is when prescribing antibiotics. As pa- lem of antibiotic resistance where we stunning. tients, we must do our part and finish know we can make the most difference. Of course not all MRSA is derived the prescriptions given to us. I understand that some question the from the overuse of antibiotics on the But antibiotics are also used in ani- need for this legislation; they say that farm. Many infections are acquired in mal medicine, so veterinarians and there is no evidence that antibiotic use the hospital, and it is believed that farmers must also ensure that anti- in agriculture leads to infections in hu- these bacteria became resistant to biotics are used responsibly. mans. antibiotics due to the misuse of drugs I was surprised to learn that the Unfortunately they are wrong. in human medicine. Union of Concerned Scientists esti- Rear Admiral Ali S. Khan, MD, MPH, But MRSA is also infecting individ- mates that 84 percent of all antibiotic Assistant Surgeon General and Direc- uals who have not been in a hospital usage in this country is in animals tor of the Office of Public Health Pre- setting. such as chickens, pigs, and cattle. Even paredness and Response at the Centers There is strong evidence that at least more surprising is the vast majority of for Disease Control and Prevention re- one strain of MRSA infecting people is

VerDate Mar 15 2010 02:56 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.038 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3839 coming directly from livestock. This the hospital by an ambulance. His new This bipartisan bill makes incre- strain, known as ST398, has been shown doctors put him on every single anti- mental changes to ensure that our ac- to disproportionately infect farmers biotic the hospital had to offer. tions on the farm do not negatively im- and their families. Like all MRSA, Even at the extremely high levels pact the health and well being of our ST398 is resistant to the antibiotics prescribed to Carlos, the drugs still farmers, their families, and every one methicillin and oxacillin. But resist- didn’t work. of us who consumes the food they ance to other antibiotics is also com- It took doctors 48 hours to find and produce. mon among ST398 strains, which acquire an antibiotic that was strong I look forward to working with my makes treatment especially chal- enough to kill the infection. colleagues to pass these critical re- lenging. By that time Carlos’ lungs, kidneys, forms. A recent study by the CDC in Decem- liver, intestines and heart had all Mr. President, I ask unanimous con- ber 2009 showed that hospital acquired failed. sent that the text of the bill be printed strains of MRSA and community ac- The only thing left, doctors told his in the RECORD. quired MRSA strains such as ST398 are parents, was his brain. The doctors said There being no objection, the text of trending in opposite directions. that Carlos knew his body was failing the bill was ordered to be printed in The study found that community ac- and that he was in a fight for his life. the RECORD, as follows: quired MRSA, a type of MRSA that did It pains me to say that this story S. 1211 not emerge in the hospital setting and does not have a happy ending. Carlos Be it enacted by the Senate and House of Rep- is not contracted there, increased 700 lost his life because the antibiotics resentatives of the United States of America in percent between 1999 and 2006. that we have relied on for 80 years Congress assembled, By contrast, hospital acquired MRSA didn’t work. SECTION 1. SHORT TITLE. cases declined roughly 10 percent over No parents should ever have to un- This Act may be cited as the ‘‘Preservation dergo the heartbreak and the tragedy of Antibiotics for Medical Treatment Act of this same time period. 2011’’. that the Dons went through in 2007. Over the past decade, it has become SEC. 2. FINDINGS. clear that MRSA is not just a problem Their son was as healthy and happy The Congress finds the following: for hospital administrators. More and as any 12-year-old could be, but he was (1) In January 2001, a Federal interagency more individuals are acquiring this cruelly taken away from them because task force— devastating infection in their homes, of a disease that we could not fight. (A) released an action plan to address the at their gyms or in restaurants. I believe that with this bill we have continuing decline in effectiveness of anti- While it is exceedingly difficult to an opportunity to prevent other fami- biotics against common bacterial infections, determine the exact extent that anti- lies from suffering from this same trag- referred to as antibiotic resistance; (B) determined that antibiotic resistance biotic use in agriculture influences in- ic story. There are some who believe this leg- is a growing menace to all people and poses dividual MRSA cases, we know for cer- a serious threat to public health; and tain that statistical evidence over- islation may actually make our food (C) cautioned that if current trends con- whelmingly suggests that a reduction supply less safe. Their argument is tinue, treatments for common infections will of antibiotic use in agriculture will re- that antibiotics keep our animals become increasingly limited and expensive, sult in a reduction of highly resistant healthy, and healthy animals make for and, in some cases, nonexistent. MRSA cases. healthy food. (2) Antibiotic resistance, resulting in a re- Since the Union of Concerned Sci- But research shows us that these con- duced number of effective antibiotics, may entists estimates that as much as 84 cerns are misguided. Over 375 public, significantly impair the ability of the United consumer, and environmental health States to respond to terrorist attacks involv- percent of all antibiotic usage in this ing bacterial infections or a large influx of country is in veterinary medicine, one groups including the American Medical hospitalized patients. can reasonably conclude that a reduc- Association, the American Public (3)(A) Any overuse or misuse of antibiotics tion of antibiotic use in agriculture Health Association, and the Infectious contributes to the spread of antibiotic resist- will result in a reduction of highly re- Diseases Society of America, support ance, whether in human medicine or in agri- sistant MRSA cases. the legislation because they believe culture. The reason I am so committed to this that reducing antibiotic use in agri- (B) Recognizing the public health threat legislation is that a reduction in highly culture will protect the health and caused by antibiotic resistance, Congress safety of Americans. took several steps to curb antibiotic overuse resistant infections will save lives. One in human medicine through amendments to of my constituents shared a truly It is not just health groups that sup- the Public Health Service Act (42 U.S.C. 201 heartbreaking story. port this approach. The fact is that et seq.) made by section 102 of the Public The Don family, from Ramona, Cali- farmers and meat producers can keep Health Threats and Emergencies Act (Public fornia, is a tight knit family. They are their animals healthy without adding Law 106–505, title I; 114 Stat. 2315), but has active in the community, and loved by hundreds of pounds of antibiotics to not yet addressed antibiotic overuse in agri- their neighbors. Until recently, like the food and water of their animals. culture. most happy, healthy families, anti- In Denmark, one of the world’s larg- (4) In a March 2003 report, the National est exporters of pork, producers have Academy of Sciences stated that— biotic resistant infections just wasn’t a (A) a decrease in antimicrobial use in subject that came up much. made modest changes to their hus- human medicine alone will have little effect So when Mr. and Mrs. Don sent their bandry practices and reduced overall on the current situation; and son Carlos off to sixth grade camp in antibiotic use by over 50 percent. Pork (B) substantial efforts must be made to de- 2007, they never expected that an anti- production has grown, and other ani- crease inappropriate overuse in animals and biotic resistant infection would change mal health indicators such as litter agriculture. their lives. size and average daily weight gain have (5) In 2010, the FDA determined that— Carlos was the picture of health. He improved. (A) 1,300,000 kilograms of antibacterial was a bright, vibrant, athletic 12-year In Iowa, hog farmers like Paul Willis drugs were sold for use on food animals in and Jude Becker have shown that anti- the United States in 2009; old, who loved to play football. (B) 3,300,000 kilograms of antibacterial When he returned home from camp, biotic-free production is possible in the drugs were used for human health in 2009; he had a 104 degree fever and could heartland of America too. and barely walk. It was the sickest his par- In California, companies like Niman (C) therefore, 80 percent of antibacterial ents had ever seen him. Ranch in Alameda have proved that drugs disseminated in the United States in When Carlos didn’t get better the Beef, Pork, Poultry and Lamb can be 2009 were sold for use on food animals, rather next day, they took him to Urgent produced profitably in America on a than being used for human health. Care. He was given a dose of antibiotics large scale without the routine use of (6)(A) Large-scale, voluntary surveys by antibiotics. In fact, fast-food chain the Department of Agriculture’s Animal and that the doctors said would knock the Plant Health Inspection Service in 1999, 2001, bug out in a few days. Chipotle Mexican Grill has grown a and 2006 revealed that— But the drugs didn’t work. highly successful business based on (i) 84 percent of grower-finisher swine The next day Carlos was in even meats raised without antibiotics, much farms, 83 percent of cattle feedlots, and 84 worse shape and he had to be rushed to of it supplied by Niman Ranch. percent of sheep farms administer

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.040 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3840 CONGRESSIONAL RECORD — SENATE June 15, 2011 antimicrobials in the feed or water for (B) In 2009, Cook County Hospital and the humans to treat or prevent disease or infec- health or growth promotion reasons; and Alliance for Prudent Use of Antibiotics esti- tion caused by microorganisms. (ii) many of the antimicrobials identified mated that the total health care cost of anti- ‘‘(tt) NONTHERAPEUTIC USE.—The term are identical or closely related to drugs used biotic resistant infections in the United ‘nontherapeutic use’, with respect to a crit- in human medicine, including tetracyclines, States was between $16,600,000,000 and ical antimicrobial animal drug, means any macrolides, Bacitracin, penicillins, and $26,000,000,000 annually. use of the drug as a feed or water additive for sulfonamides; and (16) The American Medical Association, an animal in the absence of any clinical sign (B) these drugs are used in people to treat the American Public Health Association, the of disease in the animal for growth pro- serious diseases such as pneumonia, scarlet National Association of County and City motion, feed efficiency, weight gain, routine fever, rheumatic fever, venereal disease, skin Health Officials, and the National Campaign disease prevention, or other routine pur- infections, and even pandemics like malaria for Sustainable Agriculture are among the pose.’’. and plague, as well as bioterrorism agents more than 300 organizations representing (b) APPLICATIONS PENDING OR SUBMITTED like smallpox and anthrax. health, consumer, agricultural, environ- AFTER ENACTMENT.—Section 512(d)(1) of the (7) Many scientific studies confirm that mental, humane, and other interests that Federal Food, Drug, and Cosmetic Act (21 the nontherapeutic use of antibiotics in agri- have supported enactment of legislation to U.S.C. 360b(d)(1)) is amended— cultural animals contributes to the develop- phase out nontherapeutic use in farm ani- (1) in the first sentence— ment of antibiotic-resistant bacterial infec- mals of medically important antibiotics. (A) in subparagraph (H), by striking ‘‘or’’ tions in people. (17) In 2010, the Danish Veterinary and at the end; (8) The periodical entitled ‘‘Clinical Infec- Food Administration testified that the Dan- (B) in subparagraph (I), by inserting ‘‘or’’ tious Diseases’’ published a report in June ish ban of the non-therapeutic use of anti- at the end; and 2002, that— biotics in food animal production resulted in (C) by inserting after subparagraph (I) the (A) was based on a 2-year review by experts a marked reduction in antimicrobial resist- following: in human and veterinary medicine, public ance in multiple bacterial species, including ‘‘(J) with respect to a critical anti- health, microbiology, biostatistics, and risk Campylobacter and Enterococci. microbial animal drug or a drug of the same analysis, of more than 500 scientific studies (18) In 2009, the Congressional Research chemical class as a critical antimicrobial on the human health impacts of anti- Service concluded that restrictions overseas animal drug, the applicant has failed to dem- microbial use in agriculture; and on the use of antimicrobial drugs in the pro- onstrate that there is a reasonable certainty (B) recommended that antimicrobial duction of livestock could impact U.S. ex- of no harm to human health due to the de- agents should no longer be used in agri- port markets for livestock and poultry. velopment of antimicrobial resistance that culture in the absence of disease, but should (19) The Federal Food, Drug, and Cosmetic is attributable, in whole or in part, to the be limited to therapy for diseased individual Act (21 U.S.C. 301 et seq.)— nontherapeutic use of the drug;’’; and animals and prophylaxis when disease is doc- (A) requires that all drugs be shown to be (2) in the second sentence, by striking ‘‘(A) umented in a herd or flock. safe before the drugs are approved; and through (I)’’ and inserting ‘‘(A) through (J)’’. (9) The United States Geological Survey (B) places the burden on manufacturers to (c) PHASED ELIMINATION OF NONTHERA- reported in March 2002 that— account for health consequences and prove (A) antibiotics were present in 48 percent PEUTIC USE IN ANIMALS OF CRITICAL ANTI- safety. of the streams tested nationwide; and MICROBIAL ANIMAL DRUGS IMPORTANT FOR (20)(A) The Food and Drug Administration (B) almost half of the tested streams were HUMAN HEALTH.—Section 512 of the Federal recently modified the drug approval process downstream from agricultural operations. Food, Drug, and Cosmetic Act (21 U.S.C. for antibiotics to recognize the development (10) An April 1999 study by the General Ac- 360b) is amended by adding at the end the of resistant bacteria as an important aspect counting Office concluded that resistant following: of safety, but most antibiotics currently strains of 3 microorganisms that cause food- ‘‘(q) PHASED ELIMINATION OF NONTHERA- used in animal production systems for non- borne illness or disease in humans (Sal- PEUTIC USE IN ANIMALS OF CRITICAL ANTI- therapeutic purposes were approved before monella, Campylobacter, and E. coli) are MICROBIAL ANIMAL DRUGS IMPORTANT FOR the Food and Drug Administration began linked to the use of antibiotics in animals. HUMAN HEALTH.— (11) Epidemiological research has shown considering resistance during the drug-ap- ‘‘(1) APPLICABILITY.—This subsection ap- that resistant Salmonella and proval process. plies to the nontherapeutic use in a food-pro- Campylobacter infections are associated (B) The Food and Drug Administration has ducing animal of a drug— with increased numbers of ill patients and not established a schedule for reviewing ‘‘(A)(i) that is a critical antimicrobial ani- bloodstream infections, and increased death. those existing approvals. mal drug; or (12) In 2010, the peer-reviewed journal Mo- (21) Certain non-routine uses of antibiotics ‘‘(ii) that is of the same chemical class as lecular Cell published a study demonstrating in animal agriculture are legitimate to pre- a critical antimicrobial animal drug; and that low-dosage use of antibiotics causes a vent animal disease. ‘‘(B)(i) for which there is in effect an ap- dramatic increase in genetic mutation, rais- (22) An April 2004 study by the General Ac- proval of an application or an exemption ing new concerns about the agricultural counting Office— under subsection (b), (i), or (j) of section 505; practice of using low-dosage antibiotics in (A) concluded that Federal agencies do not or order to stimulate growth promotion and collect the critical data on antibiotic use in ‘‘(ii) that is otherwise marketed for use. routinely prevent disease in unhealthy con- animals that they need to support research ‘‘(2) WITHDRAWAL.—The Secretary shall ditions. on human health risks; and withdraw the approval of a nontherapeutic (13)(A) In January 2003, Consumer Reports (B) recommends that the Department of use in food-producing animals described in published test results on poultry products Agriculture and the Department of Health paragraph (1) on the date that is 2 years after bought in grocery stores nationwide showing and Human Services develop and implement the date of enactment of this subsection un- disturbingly high levels of Campylobacter a plan to collect data on antibiotic use in less— and Salmonella bacteria that were resistant animals. ‘‘(A) before the date that is 2 years after to the antibiotics used to treat food-borne SEC. 3. PURPOSE. the date of the enactment of this subsection, illnesses. The purpose of this Act is to preserve the the Secretary makes a final written deter- (B) The Food and Drug Administration’s effectiveness of medically important anti- mination that the holder of the approved ap- National Antimicrobial Resistance Moni- biotics used in the treatment of human and plication has demonstrated that there is a toring System routinely finds that retail animal diseases by reviewing the safety of reasonable certainty of no harm to human meat products are contaminated with bac- certain antibiotics for nontherapeutic pur- health due to the development of anti- teria (including the foodborne pathogens poses in food-producing animals. microbial resistance that is attributable in Campylobacter and Salmonella) that are re- SEC. 4. PROOF OF SAFETY OF CRITICAL ANTI- whole or in part to the nontherapeutic use of sistant to antibiotics important in human MICROBIAL ANIMAL DRUGS. the drug; or medicine. (a) DEFINITIONS.—Section 201 of the Fed- ‘‘(B) before the date specified in subpara- (C) In December 2007, the USDA issued a eral Food, Drug, and Cosmetic Act (21 U.S.C. graph (A), the Secretary makes a final writ- fact sheet on the recently recognized link be- 321) is amended by adding at the end the fol- ten determination, with respect to a risk tween antimicrobial drug use in animals and lowing: analysis of the drug conducted by the Sec- Methicillin Resistant Staphylococcus Aureas ‘‘(ss) CRITICAL ANTIMICROBIAL ANIMAL retary and other relevant information, that (MRSA) infections in humans. DRUG.—The term ‘critical antimicrobial ani- there is a reasonable certainty of no harm to (14) In October 2001, the New England Jour- mal drug’ means a drug that— human health due to the development of nal of Medicine published an editorial urging ‘‘(1) is intended for use in food-producing antimicrobial resistance that is attributable a ban on nontherapeutic use of medically im- animals; and in whole or in part to the nontherapeutic use portant antibiotics in animals. ‘‘(2) is composed wholly or partly of— of the drug. (15)(A) In 1998, the National Academy of ‘‘(A) any kind of penicillin, tetracycline, ‘‘(3) EXEMPTIONS.—Except as provided in Sciences noted that antibiotic-resistant bac- macrolide, lincosamide, streptogramin, paragraph (5), if the Secretary grants an ex- teria generate a minimum of $4,000,000,000 to aminoglycoside, or sulfonamide; or emption under section 505(i) for a drug that $5,000,000,000 in costs to United States soci- ‘‘(B) any other drug or derivative of a drug is a critical antimicrobial animal drug, the ety and individuals yearly. that is used in humans or intended for use in Secretary shall rescind each approval of a

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.032 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3841 nontherapeutic use in a food-producing ani- mitted the following resolution; which Whereas in 2010, the United States and mal of the critical antimicrobial animal was considered and agreed to: Mongolia signed a Memorandum of Under- drug, or of a drug in the same chemical class standing to promote cooperation on the S. RES. 208 as the critical antimicrobial animal drug, as peaceful use of civil nuclear energy; of the date that is 2 years after the date on Whereas the United States Government es- Whereas the National Nuclear Security Ad- which the Secretary grants the exemption. tablished diplomatic relations with the Gov- ministration and the Nuclear Energy Agency ernment of Mongolia in January 1987, fol- ‘‘(4) APPROVALS.—Except as provided in of the Government of Mongolia successfully paragraph (5), if an application for a drug lowed by the opening of a United States Em- completed training on response mechanisms that is a critical antimicrobial animal drug bassy in Ulaanbaatar in June 1988; to potential terrorist attacks; Whereas in 1990, the Government of Mon- is submitted to the Secretary under section Whereas between 1991 and 2011, the United golia declared an end to 1-party Communist 505(b), the Secretary shall rescind each ap- States Government granted assistance to rule and initiated lasting democratic and proval of a nontherapeutic use in a food-pro- Mongolia— free market reforms; ducing animal of the critical antimicrobial (1) to advance the legal and regulatory en- Whereas the United States Government animal drug, or of a drug in the same chem- vironment for business and financial mar- has a longstanding commitment, based on its ical class as the critical antimicrobial ani- kets, including the mining sector; interests and values, to encourage economic mal drug, as of the date that is 2 years after (2) to promote the reduction of greenhouse and political reforms in Mongolia, having the date on which the application is sub- gas emissions; and made sizeable contributions to that end (3) to support good governance program- mitted to the Secretary. since 1991; ming; ‘‘(5) EXCEPTION.—Paragraph (3) or (4), as Whereas in 1991, the United States— Whereas in 2007, the Millennium Challenge the case may be, shall not apply if— (1) signed a bilateral trade agreement that Corporation signed an agreement with Mon- ‘‘(A) before the date on which approval restored normal trade relations with Mon- golia to promote sustainable economic would be rescinded under that paragraph, the golia; and growth and to reduce poverty by focusing on Secretary makes a final written determina- (2) established a Peace Corps program in property rights, vocational education, tion that the holder of the application for Mongolia that has had 869 total volunteers health, transportation, energy, and the envi- the approved nontherapeutic use has dem- since 1991; ronment; onstrated that there is a reasonable cer- Whereas in 1999, the United States granted Whereas Mongolia’s plan to enhance its tainty of no harm to human health due to permanent normal trade relations status to rail infrastructure promises to diversify its the development of antimicrobial resistance Mongolia; trading and investment partners, to open up that is attributable in whole or in part to the Whereas the Government of Mongolia has new markets for its mineral exports, and to nontherapeutic use in the food-producing increasingly participated in the Inter- position Mongolia as a bridge between Asia animal of the critical antimicrobial animal national Monetary Fund, the World Bank, and Europe; drug; or the Asian Development Bank, and the Euro- Whereas the United States has assisted ‘‘(B) before the date specified in subpara- pean Bank for Reconstruction and Develop- Mongolia’s efforts— graph (A), the Secretary makes a final writ- ment, among other international organiza- (1) to address the effects of the global eco- ten determination, with respect to a risk tions; nomic crisis; analysis of the critical antimicrobial animal Whereas in 2007, the House Democracy (2) to promote sound economic, trade, and drug conducted by the Secretary and any Partnership began a program to provide par- energy policy, with particular attention to other relevant information, that there is a liamentary assistance to the State Great the banking and mining sectors; reasonable certainty of no harm to human Khural, the Parliament of Mongolia, to pro- (3) to facilitate commercial law develop- health due to the development of anti- mote transparency, legislative independence, ment; and microbial resistance that is attributable in access to information and government over- (4) to further activities with Mongolia’s whole or in part to the nontherapeutic use of sight; peacekeeping forces and military; the drug.’’. Whereas on May 24, 2009, the people of Whereas in January 2010— SEC. 5. COMMITTEE HEARINGS ON IMPLEMENTA- Mongolia completed the country’s fourth (1) the United States Government and the TION. free, fair, and peaceful democratic election, Government of Mongolia agreed to promote (a) IN GENERAL.—The Committee on En- which resulted in the election of opposition greater academic exchange opportunities; ergy and Commerce of the House of Rep- Democratic Party candidate Tsakhiagiin (2) the Mongolian Ministry of Education, resentatives and the Committee on Health, Elbegdorj; Culture and Science pledged to financially Education, Labor, and Pensions of the Sen- Whereas in July 2011, Mongolia will assume support the U.S.-Mongolia Fulbright Pro- ate shall each hold a hearing on the imple- the 2-year chairmanship of the Community gram; and (3) the United States Department of State mentation by the Commissioner of Food and of Democracies; announced its intention to increase its base Drugs of section 512(q) of the Federal Food, Whereas in 2013, Mongolia will host the allocation for the U.S.-Mongolia Fulbright Drug, and Cosmetic Act, as added by section Seventh Ministerial Meeting of the Commu- Program in fiscal year 2010; 4 of this Act. nity of Democracies in Ulaanbaatar; Whereas in 2011, Mongolia is celebrating (b) EXERCISE OF RULEMAKING AUTHORITY.— Whereas the Government of Mongolia con- the 100 year anniversary of its independence; Subsection (a) is enacted— tinues to work with the United States Gov- Whereas on June 16, 2011, President (1) as an exercise of the rulemaking power ernment to combat global terrorism; Elbegdorj, during a working visit to the of the House of Representatives and Senate, Whereas Mongolia deployed about 990 sol- United States, is scheduled to meet with and, as such, they shall be considered as part diers to Iraq between 2003 to 2008 and cur- President Barack Obama, Congressional of the rules of the House or Senate (as the rently has 190 troops in Afghanistan; leaders, academics, and representatives of case may be), and such rules shall supersede Whereas in 2010, the Government of Mon- the business community; any other rule of the House or Senate only to golia deployed a United Nations Level II hos- Whereas in late 2011, Vice President Joseph the extent that rule is inconsistent there- pital in Darfur, Sudan; Biden is scheduled to travel to Mongolia to with; and Whereas the Government of Mongolia has highlight our shared interests and values; (2) with full recognition of the constitu- actively promoted international peace- Now, therefore, be it tional right of either House to change such keeping efforts by sending soldiers— (1) to protect the Special Court of Sierra Resolved, That it is the sense of the Senate rules (so far as relating to the procedure in that— that House) at any time, in the same man- Leone; (2) to support the North Atlantic Treaty (1) Mongolian President Tsakhiagiin ner, and to the same extent as in the case of Organization mission in Kosovo; and Elbegdorj’s historic visit to Washington, any other rule of that House. (3) to support United Nations missions in D.C. cements the growing friendship between f several African countries; the governments and peoples of the United SUBMITTED RESOLUTIONS Whereas the Government of Mongolia has States and Mongolia; built a successful partnership since 2003 with (2) the continued commitment of the Mon- the Alaska National Guard that includes hu- golian people and the Government of Mon- SENATE RESOLUTION 208—EX- manitarian and peacekeeping exercises and golia to advancing democratic reforms, efforts; strengthening transparency and the rule of PRESSING THE SENSE OF THE Whereas the United States Government law, and protecting investment deserves ac- SENATE REGARDING MONGOLIAN and the Government of Mongolia share a knowledgment and celebration; PRESIDENT TSAKHIAGIIN common interest in promoting peace and (3) the United States Government should— ELBEGDORJ’S VISIT TO WASH- stability in Northeast Asia and Central Asia; (A) continue to promote economic coopera- INGTON, D.C., AND ITS SUPPORT Whereas in 1991 and 1992, the Government tion; and FOR THE GROWING PARTNER- of Mongolia signed denuclearization agree- (B) consider next steps in securing in- SHIP BETWEEN THE UNITED ments committing Mongolia to remain a nu- creased investment and trade to promote STATES AND MONGOLIA clear weapons-free state; prosperity for both countries; Whereas in 2010, Mongolia became the (4) the United States Government should Mr. KERRY (for himself, Mr. MCCAIN, Chair of the Board of Governors of the Inter- continue to support the Government of Mon- Ms. MURKOWSKI, and Mr. WEBB) sub- national Atomic Energy Agency; golia as it works with the International

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.032 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3842 CONGRESSIONAL RECORD — SENATE June 15, 2011 Monetary Fund, the World Bank, the Asian such an entity for purposes of law enforce- or offered for sale or exchange, criminals and Development Bank, and the European Bank ment (whether on or off duty); other prohibited persons obtain guns without for Reconstruction and Development to im- ‘‘(B) a transfer to a licensee under title I of background checks and frequently use guns prove its economic system and accelerate de- the Atomic Energy Act of 1954 for purposes that cannot be traced to later commit velopment; and of establishing and maintaining an on-site crimes; (5) the United States Government should physical protection system and security or- (7) since the enactment of the Brady Hand- continue to expand upon existing academic, ganization required by Federal law, or pos- gun Violence Prevention Act (Public Law cultural, and other people-to-people ex- session by an employee or contractor of such 103–59; 107 Stat. 1536) in 1993, over 100,000,000 changes with Mongolia. a licensee on-site for such purposes or off- background checks have been performed by f site for purposes of licensee-authorized Federal firearms licensees, denying guns to training or transportation of nuclear mate- more than 1,600,000 illegal buyers; AMENDMENTS SUBMITTED AND rials; (8) many persons who buy and sell firearms PROPOSED ‘‘(C) the possession, by an individual who is at gun shows, flea markets, and other orga- retired from service with a law enforcement nized events cross State lines to attend these SA 472. Mr. LAUTENBERG submitted an agency and is not otherwise prohibited from events and engage in the interstate transpor- amendment intended to be proposed by him receiving ammunition, of a large capacity tation of firearms obtained at these events; to the bill S. 782, to amend the Public Works ammunition feeding device transferred to (9) gun violence is a pervasive, national and Economic Development Act of 1965 to re- the individual by the agency upon that re- problem that is exacerbated by the avail- authorize that Act, and for other purposes; tirement; or ability of guns at gun shows, flea markets, which was ordered to lie on the table. ‘‘(D) a manufacture, transfer, or possession and other organized events; SA 473. Mr. LAUTENBERG submitted an of a large capacity ammunition feeding de- (10) firearms associated with gun shows amendment intended to be proposed by him vice by a licensed manufacturer or licensed have been transferred illegally to residents to the bill S. 782, supra; which was ordered to importer for the purposes of testing or ex- of another State by Federal firearms licens- lie on the table. perimentation authorized by the Attorney ees and nonlicensed firearms sellers, and SA 474. Mr. LAUTENBERG submitted an General.’’. have been involved in subsequent crimes in- amendment intended to be proposed by him (c) PENALTIES.—Section 924(a) of such title cluding drug offenses, crimes of violence, to the bill S. 782, supra; which was ordered to is amended by adding at the end the fol- property crimes, and illegal possession of lie on the table. lowing: firearms by felons and other prohibited per- SA 475. Mr. WHITEHOUSE submitted an ‘‘(8) Whoever knowingly violates section sons; and amendment intended to be proposed by him 922(v) shall be fined under this title, impris- (11) Congress has the power, under the to the bill S. 782, supra; which was ordered to oned not more than 10 years, or both.’’. interstate commerce clause and other provi- lie on the table. (d) IDENTIFICATION MARKINGS.—Section sions of the Constitution of the United SA 476. Mr. REID (for Mrs. FEINSTEIN (for 923(i) of title 18, United States Code, is States, to ensure, by enactment of this Act, amended by adding at the end the following: herself and Mr. COBURN)) proposed an amend- that criminals and other prohibited persons ‘‘A large capacity ammunition feeding de- ment to the bill S. 782, supra. do not obtain firearms at gun shows, flea vice manufactured after the date of the en- f markets, and other organized events. actment of this sentence shall be identified (b) DEFINITIONS.—Section 921(a) of title 18, by a serial number that clearly shows that TEXT OF AMENDMENTS United States Code, is amended by adding at the device was manufactured after the date the end the following: SA 472. Mr. LAUTENBERG sub- of enactment of this sentence, and such ‘‘(36) GUN SHOW.—The term ‘gun show’ mitted an amendment intended to be other identification as the Attorney General means any event— proposed by him to the bill S. 782, to may by regulation prescribe.’’. ‘‘(A) at which 50 or more firearms are of- amend the Public Works and Economic SA 473. Mr. LAUTENBERG sub- fered or exhibited for sale, transfer, or ex- Development Act of 1965 to reauthorize change, if 1 or more of the firearms has been that Act, and for other purposes; which mitted an amendment intended to be proposed by him to the bill S. 782, to shipped or transported in, or otherwise af- was ordered to lie on the table; as fol- fects, interstate or foreign commerce; and lows: amend the Public Works and Economic ‘‘(B) at which— Development Act of 1965 to reauthorize At the end, add the following: ‘‘(i) not fewer than 20 percent of the exhibi- that Act, and for other purposes; which tors are firearm exhibitors; SEC. 22. PROHIBITION ON TRANSFER OR POSSES- SION OF LARGE CAPACITY AMMUNI- was ordered to lie on the table; as fol- ‘‘(ii) there are not fewer than 10 firearm ex- TION FEEDING DEVICES. lows: hibitors; or (a) DEFINITION.—Section 921(a) of title 18, At the end, add the following: ‘‘(iii) 50 or more firearms are offered for United States Code, is amended by inserting SEC. 22. GUN SHOW BACKGROUND CHECK. sale, transfer, or exchange. after paragraph (29) the following: (a) FINDINGS.—Congress finds that— ‘‘(37) GUN SHOW PROMOTER.—The term ‘gun ‘‘(30) The term ‘large capacity ammunition (1) approximately 5,200 traditional gun show promoter’ means any person who orga- feeding device’— shows are held annually across the United nizes, plans, promotes, or operates a gun ‘‘(A) means a magazine, belt, drum, feed States, attracting thousands of attendees per show. strip, or similar device that has a capacity show and hundreds of Federal firearms li- ‘‘(38) GUN SHOW VENDOR.—The term ‘gun of, or that can be readily restored or con- censees and nonlicensed firearms sellers; show vendor’ means any person who exhibits, verted to accept, more than 10 rounds of am- (2) traditional gun shows, as well as flea sells, offers for sale, transfers, or exchanges munition; and markets and other organized events, at 1 or more firearms at a gun show, regardless ‘‘(B) does not include an attached tubular which a large number of firearms are offered of whether or not the person arranges with device designed to accept, and capable of op- for sale by Federal firearms licensees and the gun show promoter for a fixed location erating only with, .22 caliber rimfire ammu- nonlicensed firearms sellers, form a signifi- from which to exhibit, sell, offer for sale, nition.’’. cant part of the national firearms market; transfer, or exchange 1 or more firearms.’’. (b) PROHIBITIONS.—Section 922 of title 18, (3) firearms and ammunition that are ex- (c) REGULATION OF FIREARMS TRANSFERS AT United States Code, is amended by inserting hibited or offered for sale or exchange at gun GUN SHOWS.— after subsection (u) the following: shows, flea markets, and other organized (1) IN GENERAL.—Chapter 44 of title 18, ‘‘(v)(1)(A)(i) Except as provided in clause events move easily in and substantially af- United States Code, is amended by adding at (ii), it shall be unlawful for a person to fect interstate commerce; the end the following: transfer or possess a large capacity ammuni- (4) in fact, even before a firearm is exhib- ‘‘§ 932. Regulation of firearms transfers at tion feeding device. ited or offered for sale or exchange at a gun gun shows ‘‘(ii) Clause (i) shall not apply to the pos- show, flea market, or other organized event, ‘‘(a) REGISTRATION OF GUN SHOW PRO- session of a large capacity ammunition feed- the gun, its component parts, ammunition, MOTERS.—It shall be unlawful for any person ing device otherwise lawfully possessed with- and the raw materials from which it is man- to organize, plan, promote, or operate a gun in the United States on or before the date of ufactured have moved in interstate com- show unless that person— the enactment of this subsection. merce; ‘‘(1) registers with the Attorney General in ‘‘(B) It shall be unlawful for any person to (5) gun shows, flea markets, and other or- accordance with regulations promulgated by import or bring into the United States a ganized events at which firearms are exhib- the Attorney General; and large capacity ammunition feeding device. ited or offered for sale or exchange, provide ‘‘(2) pays a registration fee, in an amount ‘‘(2) Paragraph (1) shall not apply to— a convenient and centralized commercial lo- determined by the Attorney General. ‘‘(A) a manufacture for, transfer to, or pos- cation at which firearms may be bought and ‘‘(b) RESPONSIBILITIES OF GUN SHOW PRO- session by the United States or a department sold anonymously, often without background MOTERS.—It shall be unlawful for any person or agency of the United States or a State or checks and without records that enable gun to organize, plan, promote, or operate a gun a department, agency, or political subdivi- tracing; show unless that person— sion of a State, or a transfer to or possession (6) at gun shows, flea markets, and other ‘‘(1) before commencement of the gun by a law enforcement officer employed by organized events at which guns are exhibited show, verifies the identity of each gun show

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.033 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3843 vendor participating in the gun show by ex- ‘‘(1) enter such information about the fire- ‘‘(8)(A) Whoever knowingly violates sec- amining a valid identification document (as arm as the Attorney General may require by tion 932(a) shall be fined under this title, im- defined in section 1028(d)(3)) of the vendor regulation into a separate bound record; prisoned not more than 5 years, or both. containing a photograph of the vendor; ‘‘(2) record the transfer on a form specified ‘‘(B) Whoever knowingly violates sub- ‘‘(2) before commencement of the gun by the Attorney General; section (b) or (c) of section 932, shall be— show, requires each gun show vendor to ‘‘(3) comply with section 922(t) as if trans- ‘‘(i) fined under this title, imprisoned not sign— ferring the firearm from the inventory of the more than 2 years, or both; and ‘‘(A) a ledger with identifying information licensed importer, licensed manufacturer, or ‘‘(ii) in the case of a second or subsequent concerning the vendor; and licensed dealer to the designated transferee conviction, fined under this title, imprisoned ‘‘(B) a notice advising the vendor of the ob- (although a licensed importer, licensed man- not more than 5 years, or both. ligations of the vendor under this chapter; ufacturer, or licensed dealer complying with ‘‘(C) Whoever willfully violates section ‘‘(3) notifies each person who attends the this subsection shall not be required to com- 932(d), shall be— gun show of the requirements of this chap- ply again with the requirements of section ‘‘(i) fined under this title, imprisoned not ter, in accordance with such regulations as 922(t) in delivering the firearm to the non- more than 2 years, or both; and the Attorney General shall prescribe; and licensed transferor), and notify the non- ‘‘(ii) in the case of a second or subsequent ‘‘(4) maintains a copy of the records de- licensed transferor and the nonlicensed conviction, fined under this title, imprisoned scribed in paragraphs (1) and (2) at the per- transferee— not more than 5 years, or both. manent place of business of the gun show ‘‘(A) of such compliance; and ‘‘(D) Whoever knowingly violates sub- promoter for such period of time and in such ‘‘(B) if the transfer is subject to the re- section (e) or (f) of section 932 shall be fined form as the Attorney General shall require quirements of section 922(t)(1), of any receipt under this title, imprisoned not more than 5 by regulation. by the licensed importer, licensed manufac- years, or both. ‘‘(c) RESPONSIBILITIES OF TRANSFERORS turer, or licensed dealer of a notification ‘‘(E) In addition to any other penalties im- OTHER THAN LICENSEES.— from the national instant criminal back- posed under this paragraph, the Attorney General may, with respect to any person who ‘‘(1) IN GENERAL.—If any part of a firearm ground check system that the transfer would transaction takes place at a gun show, it violate section 922 or would violate State knowingly violates any provision of section shall be unlawful for any person who is not law; 932— licensed under this chapter to transfer a fire- ‘‘(4) not later than 10 days after the date on ‘‘(i) if the person is registered pursuant to arm to another person who is not licensed which the transfer occurs, submit to the At- section 932(a), after notice and opportunity under this chapter, unless the firearm is torney General a report of the transfer, for a hearing, suspend for not more than 6 months or revoke the registration of that transferred through a licensed importer, li- which report— person under section 932(a); and censed manufacturer, or licensed dealer in ‘‘(A) shall be on a form specified by the At- ‘‘(ii) impose a civil fine in an amount equal accordance with subsection (e). torney General by regulation; and to not more than $10,000.’’. ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per- ‘‘(B) shall not include the name of or other (3) TECHNICAL AND CONFORMING AMEND- son who is subject to the requirement of identifying information relating to any per- MENTS.—Chapter 44 of title 18, United States paragraph (1)— son involved in the transfer who is not li- Code, is amended— ‘‘(A) shall not transfer the firearm to the censed under this chapter; (A) in the table of sections, by adding at transferee until the licensed importer, li- ‘‘(5) if the licensed importer, licensed man- the end the following: censed manufacturer, or licensed dealer ufacturer, or licensed dealer assists a person through which the transfer is made under other than a licensee in transferring, at 1 ‘‘932. Regulation of firearms transfers at gun subsection (e) makes the notification de- time or during any 5 consecutive business shows.’’; scribed in subsection (e)(3)(A); and days, 2 or more pistols or revolvers, or any and ‘‘(B) notwithstanding subparagraph (A), combination of pistols and revolvers totaling (B) in the first sentence of section 923(j), by shall not transfer the firearm to the trans- 2 or more, to the same nonlicensed person, in striking ‘‘a gun show or event’’ and inserting feree if the licensed importer, licensed manu- addition to the reports required under para- ‘‘an event’’. facturer, or licensed dealer through which graph (4), prepare a report of the multiple (d) INSPECTION AUTHORITY.—Section the transfer is made under subsection (e) transfers, which report shall be— 923(g)(1) is amended by adding at the end the makes the notification described in sub- ‘‘(A) prepared on a form specified by the following: section (e)(3)(B). Attorney General; and ‘‘(E) Notwithstanding subparagraph (B), the Attorney General may enter during busi- ‘‘(3) ABSENCE OF RECORDKEEPING REQUIRE- ‘‘(B) not later than the close of business on ness hours the place of business of any gun MENTS.—Nothing in this section shall permit the date on which the transfer occurs, for- or authorize the Attorney General to impose warded to— show promoter and any place where a gun recordkeeping requirements on any non- ‘‘(i) the office specified on the form de- show is held for the purposes of examining licensed vendor. scribed in subparagraph (A); and the records required by sections 923 and 932 and the inventory of licensees conducting ‘‘(d) RESPONSIBILITIES OF TRANSFEREES ‘‘(ii) the appropriate State law enforce- business at the gun show. Such entry and ex- OTHER THAN LICENSEES.— ment agency of the jurisdiction in which the amination shall be conducted for the pur- ‘‘(1) IN GENERAL.—If any part of a firearm transfer occurs; and poses of determining compliance with this transaction takes place at a gun show, it ‘‘(6) retain a record of the transfer as part of the permanent business records of the li- chapter by gun show promoters and licensees shall be unlawful for any person who is not conducting business at the gun show and licensed under this chapter to receive a fire- censed importer, licensed manufacturer, or licensed dealer. shall not require a showing of reasonable arm from another person who is not licensed cause or a warrant.’’. under this chapter, unless the firearm is ‘‘(f) RECORDS OF LICENSEE TRANSFERS.—If (e) INCREASED PENALTIES FOR SERIOUS REC- transferred through a licensed importer, li- any part of a firearm transaction takes place ORDKEEPING VIOLATIONS BY LICENSEES.—Sec- censed manufacturer, or licensed dealer in at a gun show, each licensed importer, li- tion 924(a)(3) of title 18, United States Code, accordance with subsection (e). censed manufacturer, and licensed dealer is amended to read as follows: ‘‘(2) CRIMINAL BACKGROUND CHECKS.—A per- who transfers 1 or more firearms to a person ‘‘(3)(A) Except as provided in subparagraph son who is subject to the requirement of who is not licensed under this chapter shall, (B), any licensed dealer, licensed importer, paragraph (1)— not later than 10 days after the date on licensed manufacturer, or licensed collector ‘‘(A) shall not receive the firearm from the which the transfer occurs, submit to the At- who knowingly makes any false statement transferor until the licensed importer, li- torney General a report of the transfer, or representation with respect to the infor- censed manufacturer, or licensed dealer which report— mation required by this chapter to be kept in through which the transfer is made under ‘‘(1) shall be in a form specified by the At- the records of a person licensed under this subsection (e) makes the notification de- torney General by regulation; chapter, or violates section 922(m) shall be scribed in subsection (e)(3)(A); and ‘‘(2) shall not include the name of or other fined under this title, imprisoned not more ‘‘(B) notwithstanding subparagraph (A), identifying information relating to the than 1 year, or both. shall not receive the firearm from the trans- transferee; and ‘‘(B) If the violation described in subpara- feror if the licensed importer, licensed manu- ‘‘(3) shall not duplicate information pro- graph (A) is in relation to an offense— facturer, or licensed dealer through which vided in any report required under sub- ‘‘(i) under paragraph (1) or (3) of section the transfer is made under subsection (e) section (e)(4). 922(b), such person shall be fined under this makes the notification described in sub- ‘‘(g) FIREARM TRANSACTION DEFINED.—In title, imprisoned not more than 5 years, or section (e)(3)(B). this section, the term ‘firearm transaction’— both; or ‘‘(e) RESPONSIBILITIES OF LICENSEES.—A li- ‘‘(1) includes the offer for sale, sale, trans- ‘‘(ii) under subsection (a)(6) or (d) of sec- censed importer, licensed manufacturer, or fer, or exchange of a firearm; and tion 922, such person shall be fined under this licensed dealer who agrees to assist a person ‘‘(2) does not include the mere exhibition of title, imprisoned not more than 10 years, or who is not licensed under this chapter in car- a firearm.’’. both.’’. rying out the responsibilities of that person (2) PENALTIES.—Section 924(a) of title 18, (f) INCREASED PENALTIES FOR VIOLATIONS under subsection (c) or (d) with respect to United States Code, is amended by adding at OF CRIMINAL BACKGROUND CHECK REQUIRE- the transfer of a firearm shall— the end the following: MENTS.—

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(1) PENALTIES.—Section 924(a) of title 18, (3) in the table of sections, by inserting termines that the applicant (including any United States Code, is amended— after the item relating to section 922 the fol- responsible person) is known (or appro- (A) in paragraph (5), by striking ‘‘sub- lowing: priately suspected) to be or have been en- section (s) or (t) of section 922’’ and inserting ‘‘922A. Attorney General’s discretion to deny gaged in conduct constituting, in prepara- ‘‘section 922(s)’’; and transfer of a firearm. tion for, in aid of, or related to terrorism, or (B) by adding at the end the following: ‘‘922B. Attorney General’s discretion regard- providing material support or resources for ‘‘(9) Whoever knowingly violates section ing applicants for firearm per- terrorism, and the Attorney General has a 922(t) shall be fined under this title, impris- mits which would qualify for reasonable belief that the applicant may use oned not more than 5 years, or both.’’. the exemption provided under a firearm in connection with terrorism.’’. (2) ELIMINATION OF CERTAIN ELEMENTS OF section 922(t)(3).’’. (f) DISCRETIONARY REVOCATION OF FEDERAL OFFENSE.—Section 922(t)(5) of title 18, United (b) EFFECT OF ATTORNEY GENERAL DISCRE- FIREARMS LICENSES.—Section 923(e) of title States Code, is amended by striking ‘‘and, at TIONARY DENIAL THROUGH THE NATIONAL IN- 18, United States Code, is amended— the time’’ and all that follows through STANT CRIMINAL BACKGROUND CHECK SYSTEM (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; ‘‘State law’’. (NICS) ON FIREARMS PERMITS.—Section 922(t) (2) by striking ‘‘revoke any license’’ and (g) EFFECTIVE DATE.—This Act and the of title 18, United States Code, is amended— inserting the following: ‘‘revoke— amendments made by this section shall take (1) in paragraph (1)(B)(ii), by inserting ‘‘or ‘‘(A) any license’’; effect 180 days after the date of enactment of State law, or that the Attorney General has (3) by striking ‘‘. The Attorney General this Act. determined to deny the transfer of a firearm may, after notice and opportunity for hear- pursuant to section 922A of this title’’ before ing, revoke the license’’ and inserting the SA 474. Mr. LAUTENBERG sub- the semicolon; following: ‘‘; mitted an amendment intended to be (2) in paragraph (2), in the matter pre- ‘‘(B) the license’’; and proposed by him to the bill S. 782, to ceding subparagraph (A), by inserting ‘‘, or if (4) by striking ‘‘. The Secretary’s action’’ amend the Public Works and Economic the Attorney General has not determined to and inserting the following: ‘‘; or Development Act of 1965 to reauthorize deny the transfer of a firearm pursuant to ‘‘(C) any license issued under this section if that Act, and for other purposes; which section 922A of this title’’ after ‘‘or State the Attorney General determines that the was ordered to lie on the table; as fol- law’’; holder of such license (including any respon- lows: (3) in paragraph (3)— sible person) is known (or appropriately sus- (A) in subparagraph (A)— pected) to be or have been engaged in con- At the end, add the following: (i) in clause (i)— duct constituting, in preparation for, in aid SEC. 22. GRANTING THE ATTORNEY GENERAL (I) in subclause (I), by striking ‘‘and’’ at of, or related to terrorism or providing mate- THE AUTHORITY TO DENY THE SALE, the end; and DELIVERY, OR TRANSFER OF A FIRE- rial support or resources for terrorism, and ARM OR THE ISSUANCE OF A FIRE- (II) by adding at the end the following: the Attorney General has a reasonable belief ARMS OR EXPLOSIVES LICENSE OR ‘‘(III) was issued after a check of the sys- that the applicant may use a firearm in con- PERMIT TO DANGEROUS TERROR- tem established pursuant to paragraph (1);’’; nection with terrorism. ISTS. (ii) in clause (ii), by inserting ‘‘and’’ after ‘‘(2) The Attorney General’s action’’. (a) STANDARD FOR EXERCISING ATTORNEY the semicolon; and (g) ATTORNEY GENERAL’S ABILITY TO WITH- GENERAL DISCRETION REGARDING TRANSFER- (iii) by adding at the end the following: HOLD INFORMATION IN FIREARMS LICENSE DE- RING FIREARMS OR ISSUING FIREARMS PER- ‘‘(iii) the State issuing the permit agrees NIAL AND REVOCATION SUIT.— MITS TO DANGEROUS TERRORISTS.—Chapter 44 to deny the permit application if such other (1) IN GENERAL.—Section 923(f)(1) of title 18, of title 18, United States Code, is amended— person is the subject of a determination by United States Code, is amended by inserting (1) by inserting after section 922 the fol- the Attorney General pursuant to section after the first sentence the following: ‘‘How- lowing: 922B of this title;’’; ever, if the denial or revocation is pursuant ‘‘§ 922A. Attorney General’s discretion to deny (4) in paragraph (4), by inserting ‘‘, or if to subsection (d)(3) or (e)(1)(C), any informa- transfer of a firearm the Attorney General has not determined to tion upon which the Attorney General relied ‘‘The Attorney General may deny the deny the transfer of a firearm pursuant to for this determination may be withheld from transfer of a firearm under section section 922A of this title’’ after ‘‘or State the petitioner, if the Attorney General deter- 922(t)(1)(B)(ii) of this title if the Attorney law’’; and mines that disclosure of the information General— (5) in paragraph (5), by inserting ‘‘, or if would likely compromise national secu- ‘‘(1) determines that the transferee is the Attorney General has determined to rity.’’. known (or appropriately suspected) to be or deny the transfer of a firearm pursuant to (2) SUMMARIES.—Section 923(f)(3) of title 18, have been engaged in conduct constituting, section 922A of this title’’ after ‘‘or State United States Code, is amended by inserting in preparation for, in aid of, or related to law’’. after the third sentence the following: ‘‘With terrorism, or providing material support or (c) UNLAWFUL SALE OR DISPOSITION OF respect to any information withheld from resources for terrorism; and FIREARM BASED UPON ATTORNEY GENERAL the aggrieved party under paragraph (1), the ‘‘(2) has a reasonable belief that the pro- DISCRETIONARY DENIAL.—Section 922(d) of United States may submit, and the court title 18, United States Code, is amended— spective transferee may use a firearm in con- may rely upon, summaries or redacted (1) in paragraph (8), by striking ‘‘or’’ at the nection with terrorism. versions of documents containing informa- end; ‘‘§ 922B. Attorney General’s discretion regard- tion the disclosure of which the Attorney (2) in paragraph (9), by striking the period ing applicants for firearm permits which General has determined would likely com- at the end and inserting ‘‘; or’’; and would qualify for the exemption provided promise national security.’’. (3) by adding at the end the following: under section 922(t)(3) (h) ATTORNEY GENERAL’S ABILITY TO WITH- ‘‘(10) has been the subject of a determina- HOLD INFORMATION IN RELIEF FROM DISABIL- ‘‘The Attorney General may determine tion by the Attorney General under section that— ITIES LAWSUITS.—Section 925(c) of title 18, 922A, 922B, 923(d)(3), or 923(e) of this title.’’. United States Code, is amended by inserting ‘‘(1) an applicant for a firearm permit (d) ATTORNEY GENERAL DISCRETIONARY DE- after the third sentence the following: ‘‘If which would qualify for an exemption under NIAL AS PROHIBITOR.—Section 922(g) of title section 922(t) is known (or appropriately sus- 18, United States Code, is amended— the person is subject to a disability under pected) to be or have been engaged in con- (1) in paragraph (8), by striking ‘‘or’’ at the section 922(g)(10) of this title, any informa- duct constituting, in preparation for, in aid end; tion which the Attorney General relied on of, or related to terrorism, or providing ma- (2) in paragraph (9), by striking the comma for this determination may be withheld from terial support or resources for terrorism; and at the end and inserting ‘‘; or’’; and the applicant if the Attorney General deter- ‘‘(2) the Attorney General has a reasonable (3) by inserting after paragraph (9) the fol- mines that disclosure of the information belief that the applicant may use a firearm lowing: would likely compromise national security. in connection with terrorism.’’; ‘‘(10) who has received actual notice of the In responding to the petition, the United (2) in section 921(a), by adding at the end Attorney General’s determination made States may submit, and the court may rely the following: under section 922A, 922B, 923(d)(3) or 923(e) of upon, summaries or redacted versions of doc- ‘‘(36) The term ‘terrorism’ includes inter- this title,’’. uments containing information the disclo- national terrorism and domestic terrorism, (e) ATTORNEY GENERAL DISCRETIONARY DE- sure of which the Attorney General has de- as those terms are defined in section 2331 of NIAL OF FEDERAL FIREARMS LICENSES.—Sec- termined would likely compromise national this title. tion 923(d) of title 18, United States Code, is security.’’. ‘‘(37) The term ‘material support or re- amended— (i) PENALTIES.—Section 924(k) of title 18, sources’ has the same meaning as in section (1) in paragraph (1), in the matter pre- United States Code, is amended— 2339A of this title. ceding subparagraph (A), by striking ‘‘Any’’ (1) in paragraph (2), by striking ‘‘or’’ at the ‘‘(38) The term ‘responsible person’ means and inserting ‘‘Except as provided in para- end; an individual who has the power, directly or graph (3), any’’; and (2) in paragraph (3), by striking the comma indirectly, to direct or cause the direction of (2) by adding at the end the following: at the end and inserting ‘‘; or’’; and the management and policies of the appli- ‘‘(3) The Attorney General may deny a li- (3) by inserting after paragraph (3) the fol- cant or licensee pertaining to firearms.’’; and cense application if the Attorney General de- lowing:

VerDate Mar 15 2010 02:56 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.036 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3845 ‘‘(4) constitutes an act of terrorism, or pro- (B) by adding at the end the following: under subsection (j) or (d)(1)(B), the United viding material support or resources for ter- ‘‘Any petition for review of information States may submit, and the court may rely rorism,’’. withheld by the Attorney General under this upon, summaries or redacted versions of doc- (j) REMEDY FOR ERRONEOUS DENIAL OF subsection shall be made in accordance with uments containing information the disclo- FIREARM OR FIREARM PERMIT EXEMPTION.— section 925A of title 18, United States Code.’’. sure of which the Attorney General has de- (1) IN GENERAL.—Section 925A of title 18, (l) UNLAWFUL DISTRIBUTION OF EXPLOSIVES termined would likely compromise national United States Code, is amended— BASED UPON ATTORNEY GENERAL DISCRE- security.’’. (A) in the section heading, by striking TIONARY DENIAL.—Section 842(d) of title 18, (q) ABILITY TO WITHHOLD INFORMATION IN ‘‘Remedy for erroneous denial of firearm’’ United States Code, is amended— COMMUNICATIONS TO EMPLOYERS.—Section and inserting ‘‘Remedies’’; (1) in paragraph (9), by striking the period 843(h)(2) of title 18, United States Code, is (B) by striking ‘‘Any person denied a fire- and inserting ‘‘; or’’; and amended— arm pursuant to subsection (s) or (t) of sec- (2) by adding at the end the following: (1) in subparagraph (A), by inserting ‘‘or in tion 922’’ and inserting the following: ‘‘(10) has received actual notice of the At- subsection (j) of this section (on grounds of ‘‘(a) Except as provided in subsection (b), torney General’s determination made pursu- terrorism)’’ after ‘‘section 842(i)’’; and any person denied a firearm pursuant to sub- ant to subsection (j) or (d)(1)(B) of section 843 (2) in subparagraph (B)— section (t) of section 922 or a firearm permit of this title.’’. (A) in the matter preceding clause (i), by pursuant to a determination made under sec- (m) ATTORNEY GENERAL DISCRETIONARY DE- inserting ‘‘or in subsection (j) of this sec- tion 922B’’; and NIAL AS PROHIBITOR.—Section 842(i) of title tion,’’ after ‘‘section 842(i),’’; and (C) by adding at the end the following: 18, United States Code, is amended— (B) in clause (ii), by inserting ‘‘, except ‘‘(b) In any case in which the Attorney (1) in paragraph (7), by inserting ‘‘; or’’ at that any information that the Attorney Gen- General has denied the transfer of a firearm the end; and eral relied on for a determination pursuant to a prospective transferee pursuant to sec- (2) by inserting after paragraph (7) the fol- to subsection (j) may be withheld if the At- tion 922A of this title or has made a deter- lowing: torney General concludes that disclosure of mination regarding a firearm permit appli- ‘‘(8) who has received actual notice of the the information would likely compromise cant pursuant to section 922B of this title, an Attorney General’s determination made pur- national security’’ after ‘‘determination’’. action challenging the determination may be suant to subsection (j) or (d)(1)(B) of section (r) CONFORMING AMENDMENT TO IMMIGRA- brought against the United States. The peti- 843 of this title,’’. TION AND NATIONALITY ACT.—Section tion shall be filed not later than 60 days (n) ATTORNEY GENERAL DISCRETIONARY DE- 101(a)(43)(E)(ii) of the Immigration and Na- after the petitioner has received actual no- NIAL OF FEDERAL EXPLOSIVES LICENSES AND tionality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is tice of the Attorney General’s determination PERMITS.—Section 843 of title 18, United amended by striking ‘‘or (5)’’ and inserting under section 922A or 922B of this title. The States Code, is amended— court shall sustain the Attorney General’s ‘‘(5), or (10)’’. (1) in subsection (b), by striking ‘‘Upon’’ (s) GUIDELINES.— determination upon a showing by the United and inserting ‘‘Except as provided in sub- (1) IN GENERAL.—The Attorney General States by a preponderance of evidence that section (j), upon’’; and shall issue guidelines describing the cir- the Attorney General’s determination satis- (2) by adding at the end the following: cumstances under which the Attorney Gen- fied the requirements of section 922A or 922B, ‘‘(j) The Attorney General may deny the as the case may be. To make this showing, eral will exercise the authority and make de- issuance of a permit or license to an appli- terminations under subsections (d)(1)(B) and the United States may submit, and the court cant if the Attorney General determines that may rely upon, summaries or redacted (j) of section 843 and sections 922A and 922B the applicant or a responsible person or em- of title 18, United States Code, as amended versions of documents containing informa- ployee possessor thereof is known (or appro- tion the disclosure of which the Attorney by this Act. priately suspected) to be or have been en- (2) CONTENTS.—The guidelines issued under General has determined would likely com- gaged in conduct constituting, in prepara- promise national security. Upon request of paragraph (1) shall— tion of, in aid of, or related to terrorism, or (A) provide accountability and a basis for the petitioner or the court’s own motion, the providing material support or resources for court may review the full, undisclosed docu- monitoring to ensure that the intended goals terrorism, and the Attorney General has a for, and expected results of, the grant of au- ments ex parte and in camera. The court reasonable belief that the person may use ex- shall determine whether the summaries or thority under subsections (d)(1)(B) and (j) of plosives in connection with terrorism.’’. section 843 and sections 922A and 922B of title redacted versions, as the case may be, are (o) ATTORNEY GENERAL DISCRETIONARY fair and accurate representations of the un- 18, United States Code, as amended by this REVOCATION OF FEDERAL EXPLOSIVES LI- derlying documents. The court shall not con- Act, are being achieved; and CENSES AND PERMITS.—Section 843(d) of title sider the full, undisclosed documents in de- (B) ensure that terrorist watch list records 18, United States Code, is amended— are used in a manner that safeguards privacy ciding whether the Attorney General’s deter- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; mination satisfies the requirements of sec- and civil liberties protections, in accordance (2) by striking ‘‘if in the opinion’’ and in- with requirements outlines in Homeland Se- tion 922A or 922B.’’. serting the following: ‘‘if— ECHNICAL AND CONFORMING AMEND- curity Presidential Directive 11 (dated Au- (2) T ‘‘(A) in the opinion’’; and MENT.—The table of sections for chapter 44 of gust 27, 2004). (3) by striking ‘‘. The Secretary’s action’’ title 18, United States Code, is amended by and inserting the following: ‘‘; or striking the item relating to section 925A SA 475. Mr. WHITEHOUSE submitted ‘‘(B) the Attorney General determines that and inserting the following: an amendment intended to be proposed the licensee or holder (or any responsible by him to the bill S. 782, to amend the ‘‘925A. Remedies.’’. person or employee possessor thereof) is (k) PROVISION OF GROUNDS UNDERLYING IN- known (or appropriately suspected) to be or Public Works and Economic Develop- ELIGIBILITY DETERMINATION BY THE NATIONAL have been engaged in conduct constituting, ment Act of 1965 to reauthorize that INSTANT CRIMINAL BACKGROUND CHECK SYS- in preparation for, in aid of, or related to Act, and for other purposes; which was TEM.—Section 103 of the Brady Handgun Vio- terrorism, or providing material support or ordered to lie on the table; as follows: lence Prevention Act (18 U.S.C. 922 note) is resources for terrorism, and that the Attor- On page 9, strike lines 12 through 20 and in- amended— ney General has a reasonable belief that the sert the following: (1) in subsection (f)— person may use explosives in connection ‘‘(A) 125 TO 150-PERCENT HIGHER UNEMPLOY- (A) by inserting ‘‘or the Attorney General with terrorism. MENT RATE.—The Secretary may increase the has made a determination regarding an ap- ‘‘(2) The Attorney General’s action’’. Federal share above the percentage specified plicant for a firearm permit pursuant to sec- (p) ATTORNEY GENERAL’S ABILITY TO WITH- in subsection (a) up to 60 percent of the cost tion 922B of title 18, United States Code,’’ HOLD INFORMATION IN EXPLOSIVES LICENSE of a project in the case of a grant made in an after ‘‘is ineligible to receive a firearm’’; and AND PERMIT DENIAL AND REVOCATION SUITS.— area for which— (B) by inserting ‘‘except any information Section 843(e) of title 18, United States Code, ‘‘(i) the per capita income is not more than for which the Attorney General has deter- is amended— 70 percent of the national average; mined that disclosure would likely com- (1) in paragraph (1), by inserting after the ‘‘(ii) the 24-month unemployment rate is at promise national security,’’ after ‘‘reasons to first sentence the following: ‘‘However, if the least 150 percent of the national average; or the individual,’’; and denial or revocation is based upon an Attor- ‘‘(iii) if the national average 24-month un- (2) in subsection (g)— ney General determination under subsection employment rate is in excess of 6.5 percent, (A) the first sentence— (j) or (d)(1)(B), any information which the the 24-month unemployment rate is at least (i) by inserting ‘‘or if the Attorney General Attorney General relied on for this deter- 125 percent of the national average. has made a determination pursuant to sec- mination may be withheld from the peti- tion 922A or 922B of title 18, United States tioner if the Attorney General determines SA 476. Mr. REID (for Mrs. FEINSTEIN Code,’’ after ‘‘or State law,’’; and that disclosure of the information would (for herself and Mr. COBURN)) proposed (ii) by inserting ‘‘, except any information likely compromise national security.’’; and for which the Attorney General has deter- (2) in paragraph (2), by adding at the end an amendment to the bill S. 782, to mined that disclosure would likely com- the following: ‘‘In responding to any petition amend the Public Works and Economic promise national security’’ before the period for review of a denial or revocation based Development Act of 1965 to reauthorize at the end; and upon an Attorney General determination that Act, and for other purposes; which

VerDate Mar 15 2010 01:55 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.043 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE S3846 CONGRESSIONAL RECORD — SENATE June 15, 2011 was ordered to lie on the table; as fol- inserting ‘‘the later of June 30, 2011, or the the date of the enactment of the Ethanol lows: date of the enactment the Ethanol Subsidy Subsidy and Tariff Repeal Act’’. At the end, add the following: and Tariff Repeal Act’’. (c) REPEAL OF DEADWOOD.— TITLE ll—ETHANOL SUBSIDIES AND (b) ELIMINATION OF INCOME TAX CREDIT.— (1) Section 40(h) of the Internal Revenue TARIFF REPEAL (1) IN GENERAL.—The table contained in Code of 1986 is amended by striking para- SEC. l01. SHORT TITLE. section 40(h)(2) of the Internal Revenue Code graph (3). This title may be cited as the ‘‘Ethanol of 1986 is amended— (2) Section 6426(b)(2) of such Code is amend- Subsidy and Tariff Repeal Act’’. (A) by striking ‘‘2011’’ and inserting ‘‘the ed by striking subparagraph (C). SEC. l02. REPEAL OF VEETC. later of June 30, 2011, or the date of the en- (d) EFFECTIVE DATE.—The amendments (a) ELIMINATION OF EXCISE TAX CREDIT OR actment of the Ethanol Subsidy and Tariff made by this section shall apply to any sale, PAYMENT.— Repeal Act’’, and use, or removal for any period after the later (1) Section 6426(b)(6) of the Internal Rev- (B) by adding at the end the following: of June 30, 2011, or the date of the enactment enue Code of 1986 is amended by striking ‘‘After such date ...... zero zero’’. of the Act. ‘‘December 31, 2011’’ and inserting ‘‘the later SEC. l03. REMOVAL OF TARIFFS ON ETHANOL. of June 30, 2011, or the date of the enactment (2) CONFORMING AMENDMENT.—Section of the Ethanol Subsidy and Tariff Repeal 40(h)(1) of such Code is amended by striking (a) DUTY-FREE TREATMENT.—Chapter 98 of Act)’’. ‘‘calendar years 2001 through 2011’’ and in- the Harmonized Tariff Schedule of the (2) Section 6427(e)(6)(A) of such Code is serting ‘‘the period beginning January 1, United States is amended by adding at the amended by striking ‘‘December 31, 2011’’ and 2001, and ending the later of June 30, 2011, or end the following new subchapter: SUBCHAPTER XXIII Alternative Fuels

Rates of Duty Heading/Sub- Article Description 1 heading 2 General Special

9823.01.01 Ethyl alcohol (provided for in subheadings 2207.10.60 and 2207.20) or any mixture containing such ethyl alcohol (provided for in heading 2710 or 3824) if such ethyl alcohol or mixture is to be used as a fuel or in producing a mixture of gasoline and alcohol, a mixture of a special fuel and alcohol, or any other mixture to be used as fuel (including motor fuel provided for in subheading 2710.11.15, 2710.19.15 or 2710.19.21), or is suitable for any such uses ...... Free Free 20%.

(b) CONFORMING AMENDMENTS.—Subchapter S. l, the Fort Sumner Project Title 2011, at 10 a.m. in Dirksen 406 to con- I of chapter 99 of the Harmonized Tariff Conveyance Act. duct a hearing entitled, ‘‘The Clean Air Schedule of the United States is amended— Because of the limited time available Act and Public Health.’’ (1) by striking heading 9901.00.50; and for the hearing, witnesses may testify The PRESIDING OFFICER. Without (2) by striking U.S. notes 2 and 3. (c) EFFECTIVE DATE.—The amendments by invitation only. However, those objection, it is so ordered. made by this section apply to goods entered, wishing to submit written testimony COMMITTEE ON HOMELAND SECURITY AND or withdrawn from warehouse for consump- for the hearing record may do so by GOVERNMENTAL AFFAIRS tion, on or after the later of June 30, 2011, or sending it to the Committee on Energy Mr. FRANKEN. Mr. President, I ask the date of the enactment of this Act. and Natural Resources, United States unanimous consent that the Com- f Senate, Washington, D.C. 20510–6150, or mittee on Homeland Security and Gov- NOTICE OF HEARING by e-mail to ernmental Affairs be authorized to [email protected]. meet during the session of the Senate COMMITTEE ON ENERGY AND NATURAL For further information, please con- on June 15, 2011, at 2:30 p.m. RESOURCES tact Tanya Trujillo at (202) 224–5479 or The PRESIDING OFFICER. Without Mr. BINGAMAN. Mr. President, I Meagan Gins at (202) 224–0883. objection, it is so ordered. would like to announce for the infor- mation of the Senate and the public f SUBCOMMITTEE ON EMERGING THREATS AND CAPABILITIES that a hearing has been scheduled be- AUTHORITY FOR COMMITTEES TO Mr. FRANKEN. Mr. President, I ask fore the Subcommittee on Water and MEET Power. The hearing will be held on unanimous consent that the Sub- COMMITTEE ON AGRICULTURE, NUTRITION, AND committee on Emerging Threats and Thursday, June 23, 2011, at 2:30 p.m., in FORESTRY room SD–366 of the Dirksen Senate Of- Capabilities of the Committee on Mr. FRANKEN. Mr. President, I ask Armed Services be authorized to meet fice Building. unanimous consent that the Com- The purpose of the hearing will be to during the session of the Senate on mittee on Agriculture, Nutrition, and June 15, 2011, at 9:30 a.m. hear testimony on seven items: Forestry be authorized to meet during S. 500, the South Utah Valley Elec- The PRESIDING OFFICER. Without the session of the Senate on June 15, tric Conveyance Act; objection, it is so ordered. 2011, at 9:30 a.m. in SR 328A. S. 715, the Collinsville Renewable En- SUBCOMMITTEE ON FINANCIAL INSTITUTIONS The PRESIDING OFFICER. Without ergy Promotion Act; AND CONSUMER PROTECTION objection, it is so ordered. S. 802, the Lake Thunderbird Effi- Mr. FRANKEN. Mr. President, I ask cient Use Act of 2011; COMMITTEE ON ARMED SERVICES unanimous consent that the Com- S. 997, the East Bench Irrigation Dis- Mr. FRANKEN. Mr. President, I ask mittee on Banking, Housing, and trict Water Contract Extension Act; unanimous consent that the Com- Urban Affairs, Subcommittee on Fi- S. 1033, to amend the Reclamation mittee on Armed Services be author- nancial Institutions and Consumer Wastewater and Groundwater Study ized to meet during the session of the Protection be authorized to meet dur- and Facilities act to authorize the Sec- Senate on June 15, 2011, at 2:30 p.m. ing the session of the Senate on June retary of the Interior to participate in The PRESIDING OFFICER. Without 15, 2011, at 10 a.m. the city of Hermiston, Oregon, water objection, it is so ordered. The PRESIDING OFFICER. Without recycling and reuse project, and for COMMITTEE ON ENVIRONMENT AND PUBLIC objection, it is so ordered. other purposes; WORKS f S. 1047, the Leadville Mine Drainage Mr. FRANKEN. Mr. President, I ask Tunnel Act of 2011. unanimous consent that the Com- CONCLUSION OF MORNING S. l, the Bureau of Reclamation mittee on Environment and Public BUSINESS Fish Recovery Programs Reauthoriza- Works be authorized to meet during Mr. REID. Mr. President, morning tion Act of 2011. the session of the Senate on June 15, business is closed; is that right?

VerDate Mar 15 2010 02:56 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JN6.045 S15JNPT1 rfrederick on DSKD9S0YB1PROD with SENATE June 15, 2011 CONGRESSIONAL RECORD — SENATE S3847 The PRESIDING OFFICER. The Sen- Merkley amendment No. 440, to require the TITLE ll—ETHANOL SUBSIDIES AND ator is correct. Secretary of Energy to establish an Energy TARIFF REPEAL Efficiency Loan Program under which the SEC. l01. SHORT TITLE. f Secretary shall make funds available to This title may be cited as the ‘‘Ethanol States to support financial assistance pro- ECONOMIC DEVELOPMENT REVI- Subsidy and Tariff Repeal Act’’. TALIZATION ACT OF 2011—Re- vided by qualified financing entities for SEC. l02. REPEAL OF VEETC. sumed making qualified energy efficiency or renew- able efficiency improvements. (a) ELIMINATION OF EXCISE TAX CREDIT OR Mr. REID. Mr. President, what is the Coburn modified amendment No. 436, to re- PAYMENT.— pending business? peal the Volumetric Ethanol Excise Tax (1) Section 6426(b)(6) of the Internal Rev- The PRESIDING OFFICER. The Credit. enue Code of 1986 is amended by striking clerk will report the pending business. Brown (MA)/Snowe amendment No. 405, to ‘‘December 31, 2011’’ and inserting ‘‘the later The legislative clerk read as follows: repeal the imposition of withholding on cer- of June 30, 2011, or the date of the enactment of the Ethanol Subsidy and Tariff Repeal A bill (S. 782) to amend the Public Works tain payments made to vendors by govern- Act)’’. and Economic Development Act of 1965 to re- ment entities. (2) Section 6427(e)(6)(A) of such Code is authorize that Act, and for other purposes. Inhofe amendment No. 430, to reduce amended by striking ‘‘December 31, 2011’’ and Pending: amounts authorized to be appropriated. Inhofe amendment No. 438, to provide for inserting ‘‘the later of June 30, 2011, or the DeMint amendment No. 394, to repeal the the establishment of a committee to assess date of the enactment the Ethanol Subsidy Dodd-Frank Wall Street Reform and Con- the effects of certain Federal regulatory and Tariff Repeal Act’’. sumer Protection Act. mandates. (b) ELIMINATION OF INCOME TAX CREDIT.— Paul amendment No. 414, to implement the Merkley amendment No. 427, to make a (1) IN GENERAL.—The table contained in President’s request to increase the statutory technical correction to the HUBZone des- section 40(h)(2) of the Internal Revenue Code limit on the public debt. ignation process. of 1986 is amended— Cardin amendment No. 407, to require the McCain amendment No. 441 (to Coburn (A) by striking ‘‘2011’’ and inserting ‘‘the FHA to equitably treat homebuyers who Modified Amendment No. 436), to prohibit later of June 30, 2011, or the date of the en- have repaid in full their FHA-insured mort- the use of Federal funds to construct ethanol actment of the Ethanol Subsidy and Tariff gages. blender pumps or ethanol storage facilities. Repeal Act’’, and Merkley/Snowe amendment No. 428, to es- (B) by adding at the end the following: tablish clear regulatory standards for mort- The PRESIDING OFFICER. The ma- gage servicers. jority leader. Kohl amendment No. 389, to amend the ‘‘After such date ...... zero zero’’. AMENDMENT NO. 476 Sherman Act to make oil-producing and ex- Mr. REID. Mr. President, I ask unan- (2) CONFORMING AMENDMENT.—Section porting cartels illegal. 40(h)(1) of such Code is amended by striking Hutchison amendment No. 423, to delay the imous consent to set aside the pending ‘‘calendar years 2001 through 2011’’ and in- implementation of the health reform law in amendment and call up amendment No. serting ‘‘the period beginning January 1, the United States until there is final resolu- 476 on behalf of Senator FEINSTEIN. 2001, and ending the later of June 30, 2011, or tion in pending lawsuits. The PRESIDING OFFICER. Without the date of the enactment of the Ethanol Portman amendment No. 417, to provide objection, the clerk will report the Subsidy and Tariff Repeal Act’’. for the inclusion of independent regulatory (c) REPEAL OF DEADWOOD.— agencies in the application of the Unfunded amendment. (1) Section 40(h) of the Internal Revenue Mandates Reform Act of 1995 (2 U.S.C. 1501 et The legislative clerk read as follows: Code of 1986 is amended by striking para- seq.). The Senator from Nevada [Mr. REID], for graph (3). Portman amendment No. 418, to amend the Mrs. FEINSTEIN, proposes an amendment (2) Section 6426(b)(2) of such Code is amend- Unfunded Mandates Reform Act of 1995 (2 numbered 476. ed by striking subparagraph (C). U.S.C. 1501 et seq.) to strengthen the eco- nomic impact analyses for major rules, re- Mr. REID. Mr. President, I ask unan- (d) EFFECTIVE DATE.—The amendments quire agencies to analyze the effect of major imous consent that reading of the made by this section shall apply to any sale, rules on jobs, and require adoption of the amendment be dispensed with. use, or removal for any period after the later least burdensome regulatory means. The PRESIDING OFFICER. Without of June 30, 2011, or the date of the enactment of the Act. McCain amendment No. 411, to prohibit the objection, it is so ordered. use of Federal funds to construct ethanol The amendment is as follows: SEC. l03. REMOVAL OF TARIFFS ON ETHANOL. blender pumps or ethanol storage facilities. (a) DUTY-FREE TREATMENT.—Chapter 98 of McCain amendment No. 412, to repeal the (Purpose: To repeal the Volumetric Ethanol the Harmonized Tariff Schedule of the wage rate requirements commonly known as Excise Tax Credit) United States is amended by adding at the the Davis-Beacon Act. At the end, add the following: end the following new subchapter: ‘‘SUBCHAPTER XXIII Alternative Fuels

Rates of Duty Heading/Sub- Article Description 1 heading 2 General Special

9823.01.01 ...... Ethyl alcohol (provided for in subheadings 2207.10.60 and 2207.20) or any mix- ture containing such ethyl alcohol (provided for in heading 2710 or 3824) if such ethyl alcohol or mixture is to be used as a fuel or in producing a mix- ture of gasoline and alcohol, a mixture of a special fuel and alcohol, or any other mixture to be used as fuel (including motor fuel provided for in sub- heading 2710.11.15, 2710.19.15 or 2710.19.21), or is suitable for any such uses ...... Free Free 20%’’.

(b) CONFORMING AMENDMENTS.—Subchapter amendment by Senator FEINSTEIN, No. leaders or their designees; that upon I of chapter 99 of the Harmonized Tariff 476. the use or yielding back of time, the Schedule of the United States is amended— Senate proceed to votes in relation to (1) by striking heading 9901.00.50; and The PRESIDING OFFICER. Without (2) by striking U.S. notes 2 and 3. objection, it is so ordered. the amendments in the following order: (c) EFFECTIVE DATE.—The amendments Mr. REID. Mr. President, I ask unan- Feinstein No. 476 and McCain No. 411; made by this section apply to goods entered, imous consent that when the Senate further, that neither of the amend- or withdrawn from warehouse for consump- resumes consideration of S. 782, on ments be divisible; that there be no tion, on or after the later of June 30, 2011, or Thursday, June 16, the Feinstein amendments, points of order, or mo- the date of the enactment of this Act. amendment No. 476 and the McCain tions in order to either amendment Mr. REID. Mr. President, I ask unan- amendment No. 411 be debated concur- prior to the votes other than budget imous consent that Senator COBURN be rently; that there be up to 4 hours of points of order and the applicable mo- listed as the second sponsor of that debate equally divided between the two tions to waive; that both amendments

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Without and political reforms in Mongolia, having kets, including the mining sector; objection, it is so ordered. made sizeable contributions to that end (2) to promote the reduction of greenhouse Mr. REID. Mr. President, I want to since 1991; gas emissions; and Whereas in 1991, the United States— (3) to support good governance program- thank the Senator from South Carolina ming; (1) signed a bilateral trade agreement that for allowing us to go forward with this Whereas in 2007, the Millennium Challenge restored normal trade relations with Mon- agreement. Senator DEMINT wanted to Corporation signed an agreement with Mon- golia; and ensure that this agreement would in no golia to promote sustainable economic (2) established a Peace Corps program in way limit his ability to offer and get growth and to reduce poverty by focusing on Mongolia that has had 869 total volunteers property rights, vocational education, votes on an amendment that he cares since 1991; about, No. 460, regarding the renewable health, transportation, energy, and the envi- Whereas in 1999, the United States granted ronment; fuel standards and the estate tax. permanent normal trade relations status to Whereas Mongolia’s plan to enhance its Senator DEMINT is correct and this Mongolia; rail infrastructure promises to diversify its agreement does not preclude the Sen- Whereas the Government of Mongolia has trading and investment partners, to open up ate from considering his amendment, increasingly participated in the Inter- new markets for its mineral exports, and to and I thank the Senator for his co- national Monetary Fund, the World Bank, position Mongolia as a bridge between Asia the Asian Development Bank, and the Euro- and Europe; operation. pean Bank for Reconstruction and Develop- I also very much appreciate the un- Whereas the United States has assisted ment, among other international organiza- Mongolia’s efforts— derstanding of Senator FEINSTEIN, Sen- tions; (1) to address the effects of the global eco- ator KLOBUCHAR, Senator THUNE, Sen- Whereas in 2007, the House Democracy nomic crisis; ator COBURN. We have worked really Partnership began a program to provide par- (2) to promote sound economic, trade, and hard trying to get to this point. It has liamentary assistance to the State Great energy policy, with particular attention to not been easy. Most everyone did not Khural, the Parliament of Mongolia, to pro- the banking and mining sectors; (3) to facilitate commercial law develop- get what they wanted. But that is what mote transparency, legislative independence, access to information and government over- ment; and agreements are all about; we have the sight; (4) to further activities with Mongolia’s opportunity to move forward on other Whereas on May 24, 2009, the people of peacekeeping forces and military; things. We will have to decide what Mongolia completed the country’s fourth Whereas in January 2010— more we can do on this bill. But I ap- free, fair, and peaceful democratic election, (1) the United States Government and the preciate very much their under- which resulted in the election of opposition Government of Mongolia agreed to promote Democratic Party candidate Tsakhiagiin greater academic exchange opportunities; standing. In many conversations I had (2) the Mongolian Ministry of Education, Elbegdorj; with them during the day they were all Culture and Science pledged to financially Whereas in July 2011, Mongolia will assume very courteous and thoughtful and support the U.S.-Mongolia Fulbright Pro- the 2-year chairmanship of the Community very good advocates of their position. gram; and of Democracies; (3) the United States Department of State f Whereas in 2013, Mongolia will host the announced its intention to increase its base Seventh Ministerial Meeting of the Commu- allocation for the U.S.-Mongolia Fulbright MONGOLIAN PRESIDENT nity of Democracies in Ulaanbaatar; TSAKHIAGIIN ELBEGDORJ’S Program in fiscal year 2010; Whereas the Government of Mongolia con- Whereas in 2011, Mongolia is celebrating VISIT TO WASHINGTON, DC tinues to work with the United States Gov- the 100 year anniversary of its independence; Mr. REID. Mr. President, I ask unan- ernment to combat global terrorism; Whereas on June 16, 2011, President imous consent that the Senate proceed Whereas Mongolia deployed about 990 sol- Elbegdorj, during a working visit to the diers to Iraq between 2003 to 2008 and cur- United States, is scheduled to meet with to S. Res. 208. rently has 190 troops in Afghanistan; The PRESIDING OFFICER. The President Barack Obama, Congressional Whereas in 2010, the Government of Mon- leaders, academics, and representatives of clerk will report the resolution by golia deployed a United Nations Level II hos- the business community; title. pital in Darfur, Sudan; Whereas in late 2011, Vice President Joseph The legislative clerk read as follows: Whereas the Government of Mongolia has Biden is scheduled to travel to Mongolia to A resolution (S. Res. 208) expressing the actively promoted international peace- highlight our shared interests and values; sense of the Senate regarding Mongolian keeping efforts by sending soldiers— Now, therefore, be it President Tsakhiagiin Elbegdorj’s visit to (1) to protect the Special Court of Sierra Resolved, That it is the sense of the Senate Washington, DC and its support for the grow- Leone; that— ing partnership between the United States (2) to support the North Atlantic Treaty (1) Mongolian President Tsakhiagiin and Mongolia. Organization mission in Kosovo; and Elbegdorj’s historic visit to Washington, (3) to support United Nations missions in D.C. cements the growing friendship between There being no objection, the Senate several African countries; the governments and peoples of the United proceeded to consider the resolution. Whereas the Government of Mongolia has States and Mongolia; Mr. REID. Mr. President, I ask unan- built a successful partnership since 2003 with (2) the continued commitment of the Mon- imous consent that the resolution be the Alaska National Guard that includes hu- golian people and the Government of Mon- agreed to, the preamble be agreed to, manitarian and peacekeeping exercises and golia to advancing democratic reforms, the motions to reconsider be laid upon efforts; strengthening transparency and the rule of the table, with no intervening action Whereas the United States Government law, and protecting investment deserves ac- or debate, and that any statements be and the Government of Mongolia share a knowledgment and celebration; common interest in promoting peace and (3) the United States Government should— printed in the RECORD. stability in Northeast Asia and Central Asia; (A) continue to promote economic coopera- The PRESIDING OFFICER. Without Whereas in 1991 and 1992, the Government tion; and objection, it is so ordered. of Mongolia signed denuclearization agree- (B) consider next steps in securing in- The resolution (S. Res. 208) was ments committing Mongolia to remain a nu- creased investment and trade to promote agreed to. clear weapons-free state; prosperity for both countries; The preamble was agreed to. Whereas in 2010, Mongolia became the (4) the United States Government should The resolution, with its preamble, Chair of the Board of Governors of the Inter- continue to support the Government of Mon- reads as follows: national Atomic Energy Agency; golia as it works with the International Whereas in 2010, the United States and Monetary Fund, the World Bank, the Asian S. RES. 208 Mongolia signed a Memorandum of Under- Development Bank, and the European Bank Whereas the United States Government es- standing to promote cooperation on the for Reconstruction and Development to im- tablished diplomatic relations with the Gov- peaceful use of civil nuclear energy; prove its economic system and accelerate de- ernment of Mongolia in January 1987, fol- Whereas the National Nuclear Security Ad- velopment; and lowed by the opening of a United States Em- ministration and the Nuclear Energy Agency (5) the United States Government should bassy in Ulaanbaatar in June 1988; of the Government of Mongolia successfully continue to expand upon existing academic,

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SALUTING SERVICE ACADEMY organized civil disobedience demonstrations 53 years ago, civil rights leader and icon STUDENTS BRIANNA BURNSTAD and she unapologetically used these dem- Clara Luper displayed the inspiring courage to onstrations to challenge the state of Okla- better this country for all of its citizens. I know HON. SAM JOHNSON homa’s allowance for discrimination against that this Congress and the people of this Na- OF TEXAS blacks. tion can work to further the ideals of Mrs. I recall Mrs. Luper spoke about her mother Luper and the Civil Rights Movement. IN THE HOUSE OF REPRESENTATIVES witnessing a Black man who had been hung [From the New York Times, Jun. 11, 2011] Wednesday, June 15, 2011 by a White mob in Texas. Regardless of her CLARA LUPER, A LEADER OF CIVIL RIGHTS SIT- Mr. SAM JOHNSON of Texas. Mr. Speaker, experience, however, her mother instilled in INS, DIES AT 88 I rise today to honor an extraordinary group of her a belief of ‘‘loving people, no matter what (By Dennis Hevesi) young men and women who have been cho- their color.’’ Mrs. Luper’s mother believed that freedom Her name does not resonate like that of sen as future leaders in our armed forces by Rosa Parks, and she did not garner the kind the prestigious United States service acad- and equality were guarantees of the Constitu- of national attention that a group of black emies. It is a privilege to send such a fine tion and Mrs. Luper was bound to make sure students did when they took seats at a Wool- group from the Third District of Texas to pur- the state of Oklahoma made good on that worth’s lunch counter in Greensboro, N.C., in sue a world-class education and serve our Na- promise. Thus, she continued to influence oth- February 1960. But Clara Luper was a sem- inal figure in the sit-ins of the civil rights tion. ers with the beliefs her parents taught her by including young people in the struggle for civil movement. As we keep them and their families in our Ms. Luper, who led one of the first sit-ins— prayers, may we never forget the sacrifices rights and immersing herself in demonstrations for equality across the country. at a drugstore in Oklahoma City 18 months they are preparing to make while defending Mrs. Luper participated in the march in before the Greensboro action—died Wednes- our freedoms all across the globe. I am so day at her home in Oklahoma City, her Selma against segregation in 1965. She was proud of each one. God bless them and God daughter Marilyn Hildreth said. She was 88. arrested then and many other times for pro- Ms. Luper was a history teacher at Dunjee bless America. testing against social injustice. She was even Today I salute Brianna Burnstad, a United High School in 1957 when she agreed to be- beaten by demonstrators protesting against come adviser to the Oklahoma City States Military Academy Appointee. Brianna is the movement in Selma. However, she coura- N.A.A.C.P.’s youth council. The youngsters a graduate of Plano Senior High School where geously continued. asked what they could do to help the move- she played volleyball, while simultaneously For over 40 years Mrs. Luper traveled with ment. participating on a club volleyball team serving groups of young people from Oklahoma to On Aug. 19, 1958, Ms. Luper led three other as the team captain. Brianna served as a conventions across the United States that ral- adult chaperons and 14 members of the youth member of student congress, the National lied to end segregation in America. During council into the Katz Drug Store in Okla- homa City, where they took seats at the Honor Society, and Third District Congres- these conventions, some students witnessed sional Youth Advisory Committee. She was counter and asked for Coca-Colas. Denied desegregated public bathrooms and res- service, they refused to leave until closing also active in her church as a confirmation taurants for the first time in their lives. How- time. They returned on Saturday mornings teacher, youth choir representative, and took ever, I most admire her journey with these for several weeks. part in mission trips. Brianna wants to attend young people to the March on Washington in The sit-ins received local press coverage. the United States Military Academy following 1963 and her leadership to hundreds of youth Eventually the Katz chain agreed to inte- in the footsteps of three generations of her in the National Association for the Advance- grate lunch counters at its 38 stores in Okla- family because she wants to pursue a career ment of Colored People, NAACP, Youth Coun- homa, Missouri, Kansas and Iowa. Over the next six years, the local N.A.A.C.P. chapter in the Army and wants to dedicate herself to cil in Oklahoma. something larger than herself. Brianna is not held sit-ins that led to the desegregation of As an educator for over 40 years, Mrs. almost every eating establishment in Okla- only impressed that West Point challenges its Luper taught American history to Oklahoma homa City. students academically, but also emphasizes youth. Although she retired in 1991, many of ‘‘The actions that Ms. Luper and those the importance of physical and leadership her students still credit her for instilling in them youngsters took at the Katz Drug Store in- training. a sense of worth and confidence that they spired the rank and file of the N.A.A.C.P. and f could go out and change society for the better. activists on college campuses across the Some of them considered her more than an country,’’ Roslyn M. Brock, the group’s na- IN HONOR OF THE LIFE OF CLARA educator, with many to this day still referring tional chairwoman, said Friday. MAE SHEPARD LUPER to her as ‘‘Mom.’’ Ms. Luper’s activism extended beyond the She also had an interest in public service. In sit-ins. A week after that first protest, 17 white churches in Oklahoma City let mem- HON. JOHN CONYERS, JR. 1972, Mrs. Luper threw her hat into the polit- bers of her youth group attend services. At OF MICHIGAN ical ring and ran for the U.S. Senate. She stat- another church, a pastor asked two young- IN THE HOUSE OF REPRESENTATIVES ed ‘‘as a teacher, I was interested in getting sters to leave, The Associated Press reported some practical experience in the political at the time. ‘‘God did not intend Negroes and Wednesday, June 15, 2011 realm. And I sure did that.’’ Although she did whites to worship together,’’ he told them. Mr. CONYERS. Mr. Speaker, today, we not win the nomination from the Democratic Ms. Luper was arrested 26 times at civil honor Clara Mae Shepard Luper and her life- Party, many current politicians in Oklahoma rights protests. Now a street is named after long work towards achieving equality for all in and abroad have benefited from her courage her in Oklahoma City, and flags flew Friday at half-staff in her honor. the state of Oklahoma. She has been the face and significant involvement in Oklahoma poli- Born Clara Mae Shepard on May 3, 1923, to of the Oklahoma Civil Rights movement since tics. Ezell and Isabel Shepard, Ms. Luper grew up 1958 and to many she is a treasure to the In the years following, Mrs. Luper founded near Hoffman, Okla. Her father was a brick United States and an icon for the struggle for the Miss Black Oklahoma Scholarship Pag- worker, and her mother was a maid. ‘‘When equality. eant. Attending and affording college and a she was a child, her brother got sick and In the face of segregation and wide-spread deep knowledge of American and civil rights they wouldn’t treat him at the hospital,’’ discrimination, Clara Luper decided that history are the foundations of the scholarship Ms. Hildreth said. ‘‘That really triggered enough was enough. Mrs. Luper’s courage, pageant program. Young black Oklahoma her.’’ Ms. Luper is also survived by another determination, and integrity cultivated her women have benefited Mrs. Luper’s vision to daughter, Chelle Wilson; a son, Calvin; a sis- strong leadership to organize a sit-in protest at provide educational opportunities and scholar- ter, Oneita Brown; five grandchildren; eight the Katz Drug Store in downtown Oklahoma ships to rising young leaders in the state and great-grandchildren; and one great-great- City, a business that refused to serve black I am grateful for her efforts and investment in grandchild. Her husband, Bert Luper, died customers. Mrs. Luper was fearless when she America’s youth. before her.

∑ 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 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.001 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS E1096 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2011 Ms. Luper graduated from Langston Uni- to blacks. Luper and the children dem- ‘‘You’ve got to admit that Oklahoma and versity in 1944. In 1951 she earned a master’s onstrated for better treatment for blacks at this world is a better place because of Moth- degree in history from the University of John A. Brown’s luncheonette, Anna Maude er Luper,’’ she said. Oklahoma, where she was the first black stu- Cafeteria, the Skirvin Hotel and Wedgewood Bruce Fisher, administrative program offi- dent admitted to a graduate history pro- Amusement Park. cer for the Oklahoma History Center, was gram. She taught at Oklahoma City high LEGACY emotionally shaken Thursday when he heard schools until she retired in 1991. Luper helped establish the Youth Council the news. On the blog Stories in America, she said of the Oklahoma City Chapter of the Na- Fisher played a major role in designing an her father ‘‘had never been able to sit down tional Association of the Advancement of exhibit at the museum featuring a replica of and eat a meal in a decent restaurant.’’ Colored People (NAACP) in the 1950s and the Katz Drug Store lunch counter. He said ‘‘He used to tell us that someday he would served as its adviser for 50 years. She is cred- Luper’s efforts are an important part of take us to dinner and to parks and zoos,’’ she ited with directing a new type of nonviolent Oklahoma history and important to the na- said. ‘‘And when I asked him when was some- protest, the sit-in, and for staging the first tional civil rights movement as well. day, he would always say, ‘Someday will be such publicized event in the nation. ‘‘I wanted to make sure that we never for- real soon,’ as tears ran down his cheeks.’’ Luper taught American history for 41 get that, and what an important role she years, beginning at Dunjee High School and played in ensuring the rights and freedoms [From NewsOK.com, Jun. 9, 2011] working at other Oklahoma City schools; she that so many of us now take for granted,’’ Fisher said. CIVIL RIGHTS LEADER CLARA LUPER HAS DIED retired from John Marshall in 1989. Clara Shepard Luper was born May 3, 1923, Valerie Thompson, president and chief ex- (By Robert Medley and Bryan Painter) in Okmulgee County, the middle of five chil- ecutive officer of the Urban League of Great- Clara Luper, a civil rights pioneer whose dren of Ezell and Isabell Shepherd. She at- er Oklahoma City, said Oklahoma has lost lunch counter sit-ins helped end discrimina- tended Langston University, then became an innovative educator and pioneer for tion in public restaurants, has died. She was the first black student to enroll in the his- change. 88. tory department at the University of Okla- ‘‘Clara Luper served as a beacon for civil Luper died Wednesday night in Oklahoma homa, where she earned a master’s degree. rights and equality,’’ Thompson said. ‘‘Her City after a long illness, family members She marched with Martin Luther King Jr., pioneering spirit, tireless commitment to confirmed. whom she knew personally. In Selma, Ala., education and advocacy for equal oppor- Luper has been the face of the Oklahoma she was injured by a hit to the knee with a tunity will never be forgotten.’’ civil rights movement since 1958, when she club. Luper was arrested 26 times during sit- Oklahoma City Mayor Mick Cornett said led a sit-in protest inside Katz Drug Store in ins and other nonviolent protests. Luper was a great Oklahoman and a great downtown Oklahoma City, where the owners Her book, ‘‘Behold the Walls,’’ published in American. had refused to serve black customers. 1979, detailed her work in the civil rights ‘‘Her peaceful, resolute sit-in protest at Roosevelt Milton, 66, president emeritus of movement, much of which drew national at- the Katz Drug Store, where the owners at the NAACP’s Oklahoma City and Oklahoma tention. the time refused to serve African-Americans, chapters, said she was a primary Luper made an unsuccessful run for the paved the way for equal rights in Oklahoma groundbreaker in the movement. U.S. Senate, became the first black vice City,’’ Cornett said. ‘‘If that was the extent ‘‘I think that Clara was the last great civil president for the Oklahoma County Teachers of her contribution to Oklahoma and the Na- rights icon in Oklahoma,’’ Milton said. ‘‘She Association and served as a consultant and tion, it would have been accomplishment was a very passionate and fearless person adviser on school desegregation in Oklahoma enough, but that act came early on, and when it came to the NAACP mission.’’ City. Clara dedicated the rest of her long and won- Oklahoma House Speaker Kris Steele, R- In 2000, a 2.7-mile section of NE 23, where derful life to such basic human needs as dig- Shawnee, called Luper a civil rights giant. she had led young people in walks and nity, honor and respect.’’ Cornett requested that flags on city prop- ‘‘Throughout her life, Ms. Luper adhered to marches many times, was renamed the Clara erty be flown at half-staff in honor of Luper the principle that actions speak louder than Luper Corridor. In 2002, Edward L. Gaylord, through sunset Friday. words,’’ Steele said. ‘‘Through her actions, then president of The Oklahoma Publishing Gov. Mary Fallin described Luper as a tre- she helped lead Oklahoma and the nation Co., initiated a scholarship fund in her name, mendous civil rights activist and a devoted forward by showing courage and courtesy si- honoring her life work of giving youngsters mother. multaneously, often in the face of unpleas- self-respect and hope, along with a start on their education. U.S. Rep. James Lankford, R-Oklahoma ant opposition. A road near the Capitol is City, said, ‘‘The courage of Clara Luper and now deservedly named in her honor, but per- In later years, Luper directed celebrations of the anniversaries of civil rights land- her children provided the turning point in haps the most fitting tribute to give Ms. Oklahoma’s race relations, through their Luper is fulfilling her vision that all Oklaho- marks, and produced the Miss Black Okla- homa pageant, which she used as a medium dignified and principled stand against dis- mans and Americans are equal, our histories crimination in 1958. A lifetime later, our cul- and futures intrinsically linked. She will be to teach young women social skills. She opened the Freedom Center, the northeast ture has made great strides, but we still have greatly missed, but her legacy will never be much work to do to remove barriers that forgotten.’’ Oklahoma City headquarters for NAACP youth programs and frequently served as a keep Americans from achieving their fullest HISTORIC SIT-IN calming, practical influence for cooperation potential. Today’s generation can thank In 1958, she chaperoned a group of black in race relations. Clara Luper for many of the freedoms they experience today.’’ students to New York City. The trip east- REMEMBERING LUPER ward was through the northern states; many As a 16-year-old, Joyce Henderson, a soon- [From paregien.net, Aug. 6, 2008] of the students experienced, for the first to-be senior at Dunjee High School, heard CLARA LUPER: MOTHER OF THE CIVIL RIGHTS time, treatment equal to whites in public the Rev. Martin Luther King Jr. present his MOVEMENT IN OKLAHOMA places. On their return through Southern ‘‘I Have a Dream’’ speech Aug. 28, 1963. With states, they re-entered familiar, segregated a little cash in her purse and a change of (By Stan Paregien Sr.) territory. That brief taste of equality would clothes in a small suitcase, Henderson Most people would probably try to hide the help change American history. boarded one of two charter buses with fellow fact that they had been arrested not just one In August 1958, a youth council group met students active in the NAACP Youth Coun- or twice but 26 times. But there is only one in Luper’s home and decided to force the cil. One of her teachers, Clara Luper, invited Clara Luper, and she wears those arrests like issue at downtown eating places that refused her to make the trip to Washington. battle decorations. And so they were. Only to serve blacks. They decided to sit down and Last Friday and again Monday, Henderson the battle was not against an enemy nation sit there until they were served. went by to see Luper. On Friday, ‘‘I said, but against the ignorance and intolerance With 13 young people, ages 6 to 13, includ- ‘Mother Luper, this is Joyce.’ She nodded that fostered racial problems right here in ing her two oldest children, Calvin and her head; she knew who I was.’’ the good ol’ USA. Marilyn, Luper directed a protest at Katz Henderson, though not in on the initial sit- Clara Shepard was born on May 3, 1923 in Drug on Main Street. She taught them cour- in, became involved in the movement. She Okfuskee County, Oklahoma. Her parents age and self-respect and the nonviolent phi- said Luper’s students at Dunjee would call were dirt-poor share croppers with a total of losophy of Martin Luther King Jr. She made her ‘‘Ms. Luper.’’ five children. She attended a segregated (all certain that every day their clothes were ‘‘As we’ve grown older many of us began Black) elementary school in Hoffman, Okla- clean and ironed, so they would look con- calling her Mother Luper,’’ she said. ‘‘She homa. She graduated from Grayson High fident. was truly that. For whatever reason she School in 1942. The youth endured curses and threats from made each of us feel special, like she was our ‘‘One of my little brothers got very sick. other customers, were covered with ketchup, mother.’’ So my parents took him to the only doctor hot grease and spit and were kicked and Henderson always felt a sense of security in Henryetta, Oklahoma. But the doctor re- punched. Luper was with them constantly. knowing of Luper’s presence in the world, fused to examine him because he was Black. One black child was served a hamburger at she said. That made Thursday a sad day for And he died shortly after that.’’ the Katz lunch counter, and the break- Henderson, who retired in 2006 after 36 years Clara married Bert Luper at Durant, Okla- through opened Oklahoma City restaurants as an educator and administrator. homa. Clara and Bert had three children—

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.002 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS June 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1097 Calvin, Marilyn, and Chelle. After his death, a furor when she refused to give up her seat White employers for their incomes, unlike she married Mr. Wilkerson. on a bus to a White woman. Dr. Martin Lu- most Black folks. So they could be more She graduated from a segregated Black ther King, Jr., followed up with a call for a vocal on social issues.’’ college, Langston University (Langston, boycott of the bus system until they agreed Clara Luper is a long-time member of the Oklahoma) with the B.A. degree in math and to end their racist seating rules. That boy- Fifth Street Baptist Church in Oklahoma education. cott lasted until December of 1956, when the City. A TEACHER FOR 41 YEARS city finally agreed to eliminate their MARCH ON WASHINGTON Her first job after graduation was teaching descriminitory rules. In 1963, Dr. Martin Luther King, Jr., called at a Black school for orphans, deaf and blind ‘‘Oh, I got great strength of courage by see- for a march on Washington, D.C., to demand students. That was at Taft, Oklahoma. She ing the new coverage of those Black people passage of the Civil Rights Bill. About a hun- also taught school in Pawnee, Oklahoma. taking action to better their lives,’’ Clara dred people, including Clara Luper, loaded But her longest tenure and greatest impact Luper said with a wave of her arm. ‘‘ And it onto two buses for the trip to Washington was at the segregated Dunjee High School in also filled me with anger that they had to and were present on that historic day, Au- Oklahoma City and, later, at John Marshall walk to work and elsewhere just to fight for gust 28, 1963. Some 250,000 people crowded to- High School. She taught history, Human Re- the same seating rights as White people.’’ gether to hear the speakers. And all of the lations, math and social studies. And, just as THE FREEDOM CENTER U.S. TV networks, as well as many foreign important, she instilled in them a sense of I interviewed her as we sat in her modest networks, carried to messages to millions of worth and a confidence that they could go office at the Freedom Center she helped es- people around the world. out and change society for the better. She tablish at 2609 N. Martin Luther King Ave- ‘‘We had a great time on those buses. We retired in 1991, after 41 years as an educator nue in Oklahoma City. That was on August sang freedom songs and talked about what a and motivator of Black students. 6, 2006. Her speech was strong and animated, great gathering it would be. And it was bet- Luper said, ‘‘My students had dreams her pronunciation so distinct and precise as ter than we could ever have imagined. There about what they could become. I looked at to be almost theatrical. It was obvious that were rows and rows of buses as far as the eye them like you’d look at a caterpillar long be- her talent in public speaking had been honed could see, with hundreds of thousands of peo- fore it changes to a butterfly. I knew they by years of teaching and motivating others. ple gathered together. The highlight was had skills and abilities down deep that they And I could imagine how, fifty years ago, when Dr. King gave his ‘‘I Have a Dream’’ could not yet see. So I did-my best to de- many lesser educated Whites and Blacks speech. That was so simple and yet so power- velop those gifts, to polish those diamonds in could feel intimidated or even threatened by ful. My son, Calvin, got to shake hands with the rough. That is what teaching is really all her self-confident poise. Dr. King and with President John Kennedy. about.’’ ‘‘This building has been a blessing to our ‘‘We had come to Washington. Then we got OKLAHOMA PRIOR TO 1950 people,’’ she said. ‘‘The National Association back on the bus and it was silent for a long By way of a short history lesson, many for the Advancement of Colored People, time. Then someone broke out singing ‘We promoters convinced Blacks from both the NAACP, started meeting in my house at 1818 Shall Overcome’ and we all started singing. South and the North that the new state of NE Park Place in 1957. We soon needed a big- It was an enchanting, heavenly feeling that Oklahoma (admitted to the Union in 1907) ger place to meet and we bought and con- I shall never forget. Yes, yes.’’ ‘‘You know something?’’ she asked, rhe- was a Promised Land for them. And many verted what had been an old Mobil gas serv- torically and then firmly stated, ‘‘It is hard hundreds of Blacks moved West and devel- ice station to our Freedom Center. We were to love your enemies, those who would walk oped small, all-Black towns in Oklahoma. able to rally a large number of people, par- Along with the Black towns came Black- ticularly young people, to participate in our up to you and spit in your face. But Dr. Mar- owned newspapapers. And in 1914 one Black motivational activities. And a lot of White tin Luther King said you’ve got to. And, of newspaper man founded his own newspaper, folks didn’t like that one bit. course, he got that from the Bible.’’ Unfortunately, President Kennedy was as- The Black Dispatch, in the Black area of ‘‘So one night someone threw a torch or a sassinated just three months later. But his Oklahoma City. He was outspoken in his bomb into the building. All my personal cor- successor, Lyndon B. Johnson, signed the calls for Blacks to fight the forced segrega- respondence with people like Martin Luther Civil Rights Act into law on July 2, 1964. The tion as practiced in most of the nation at the King and Medgar Evers was lost in the fire. bill gave the federal government absolute time. And he argued that Blacks should be- But we turned right around and rebuilt the power to enforce school desegregation. It come involved in politics to make sure their building. The kids at Northwest Classen even prohibited segregation in public places. voices were heard. High School, where I was teaching, helped The tensions between the races rose even raise some of the money. No one was ever ar- And, just as important for the long haul, the higher following the tragic race riot in Tulsa rested for the crime.’’ Civil Rights Act established a Commission on Equal Employment Opportunity. in 1921. It was triggered by an incident in THE SIT-IN IN OKLAHOMA CITY ‘‘The Civil Rights Bill of 1964,’’ Luper which a Black man allegedly made unwel- On August 18, 1958, Clara Luper led her stu- noted, ‘‘was also a big help to women. For come advances on a White woman. The end dents into a Katz Drug Store in downtown the most part, and particularly in the Black result was that most of the Black business Oklahoma City. The drug store also had a community, women were taught to be sub- district on the north side of Tulsa was lunch counter and soda fountain, but only servient to men. Women had been indoctri- burned to the ground and some 300 people served White people. So Luper and her young nated to believe they were dumb and that killed. people walked in and placed their orders and, whatever men said was the end of the discus- Clara Luper’s own parents had different ap- when promptly refused, they sat down and proaches to dealing with racial segregation sion. But that Bill said you cannot discrimi- refused to leave. This was a peaceful and or- nate on the basis of race, creed, color or sex. and other injustices. ‘‘My dear mother be- derly and non-violent demonstration to gain lieved in loving people, no matter what their So that was something to really be proud the right to eat there. But the police were of.’’ color. She was always a bit afraid of the summoned and escorted the group from the power of White people. She had actually seen Times were changing for the better, to be building. But Luper and the students re- sure. Just like Clara’s father had predicted. a Black man hung by a White mob in Texas. turned time and time again until the store MARCH ON SELMA So she was never eager to step out and chal- finally gave in and agreed to serve Blacks lenge the status quo. just as they did everyone else. In 1965, Clara Luper and Eddie Stamps and ‘‘My father, Ezell Shepard, served in the others drove in vans to Selma, Alabama to U.S. Army while it was still highly seg- INFLUENCE OF RELIGION march against segregation. regated and suffered many injustices. And She said that she came from a very reli- ‘‘In Selma it was just like a war. The Civil there he saw new and better relations be- gious family. ‘‘My Christian faith has always Rights protesters were on one end of the tween the races, where people were judged been extremely important to me, both in my town and the police and their supporters more by what they could do than by the personal and professional life and in my ex- (‘‘posse men’’) were on the other end. Even color of their skin. So he was more willing to periences in the Civil Rights Movement. It the highway patrol pointed guns at us as we challenge the system. He was just a man of all goes back to my parents and grand- drove into town. great optimism who did not dwell on nega- parents who taught us to believe for the rain ‘‘When we started our march, one of the tive things but looked for the good things. when it didn’t fall, to believe for the sun ‘posse men’ as they called themselves, hit me ‘‘One time we all got on a bus, headed when it didn’t shine and to pray to the God on the leg. My leg started bleeding and the somewhere or other. And I asked my parents, we had never seen. girls, white girls, that were with me started ‘Why do we have to sit here in the back of ‘‘And I was heavily influenced by the min- crying and saying, ‘Oh, mamma, mamma, the bus?’ My mother whispered in my face, isters in the Black community. They were you’re hurt.’ And those posse men or Klu ‘You just shut up, girl.’ But my father largely uneducated or self-taught. But de- Klux Clan came up and said to the white laughed and said, ‘Oh, that’s alright. Don’t spite their lack of a formal education, they girls, ‘Is she your mamma?’ and the white you worry about it Clara. Times will get bet- were often the best role models for our chil- girls said, ‘Yes, that’s our mamma.’ ter some day.’ That is how it was in our fam- dren. And most of them did all they could to ‘‘So those men came back to me and asked ily. He was a ‘some day’ man.’’ help our young people. me who the father of those girls were, since On Dec. 5, 1955, a young Black girl named ‘‘You see,’’ she said with a big smile, they were calling me mamma. So I told them Rosa Parks in Montgomery, Alabama set off ‘‘those ministers were not dependent on God was their father. And those men began

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.004 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS E1098 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2011 to cuss and say ‘Screw them niggers’. So I And on May 5, 2007, the first 22 Clara Luper AGRICULTURE, RURAL DEVELOP- knew they were ignorant and it didn’t mat- scholars received their diplomas from OCU. MENT, FOOD AND DRUG ADMIN- ter what I said to them,’’ Luper said. They had completed, as a group, some 13,000 ISTRATION, AND RELATED ‘‘About that time Dr. Martin Luther King hours of community service during their four AGENCIES APPROPRIATIONS came up and got us all to walk toward the years at the University. bridge in an effort to get the local Blacks ACT, 2012 registered to vote. It was a long, hard day. Clara Luper wrote a 346 page book, Behold ‘‘That night we all fanned out to be in dif- the Walls, which is her account of develop- SPEECH OF ferent homes to listen to President Lyndon ment of the Civil Rights movement during HON. ALBIO SIRES Johnson speak on TV to the Nation. I wound her lifetime. It was published in 1979, and OF NEW JERSEY up in a pretty run-down house. We all Oklahoma City University reprinted the watched TV as President Johnson said that book in January, 2007. IN THE HOUSE OF REPRESENTATIVES the very next day he was going up to speak ‘‘Looking back after all these years,’’ Tuesday, June 14, 2011 to the Congress and to ask them to pass a Luper said. ‘‘I see how the progress we made The House in Committee of the Whole voters rights bill. We all just went wild.’’ took the coordinated efforts of so many peo- House on the State of the Union had under POLITICAL CANDIDATE ple. It was not just the work of Clara Luper. consideration the bill (H.R. 2112) making ap- In 1972, Luper threw her hat into the polit- It was the work of every person who helped propriations for Agriculture, Rural Develop- ical ring. She ran for the U.S. Senate against in any way to advance the movement. Some ment, Food and Drug Administration, and fellow Democrat Mike Turpen and Repub- marched and some participated in sit-in’s, Related Agencies programs for the fiscal lican Dewey Bartlett. while others were behind the scenes in pray- year ending September 30, 2012, and for other ‘‘As a teacher, I was interested in getting er and providing food and money for those of purposes: some practical experience in the political us who were out front. Mr. SIRES. Madam Chair, I rise today to ex- realm. And I sure did that. I had debates ‘‘I have seen in my lifetime the fulfillment press my deep concern regarding the drastic with both Turpen and Bartlett, so it gave me cuts being made to the Supplemental Nutrition a great platform to express my views. But, of of my father’s dream that ‘Someday it will course, Dewey Bartlett won the election. It be alright’. I have seen us get the right to Program for Women, Infants, and Children was still a great educational experience for eat in any restaurant or to use any restroom, (WIC) in the Agriculture Appropriations bill for me and for my students. I really enjoyed to stay in any hotel in the country. I am Fiscal Year 2012. While I understand the need that experience more than anything else I grateful that we are now able to take our to balance the budget, I cannot support cuts have ever done. family to the zoo on any day, not just on one made to WIC, which has proven to be an ef- ‘‘I remember one incident down somewhere day a week that was formerly designated for fective tool in improving the health of our Na- in southeast Oklahoma, down there in ‘Little coloreds. But we still have a long way to tion’s children. Dixie’. I was speaking at a political rally go.’’ Over nine million low and moderate income when a White man stood up and asked me women, infants, and children rely on WIC to what I thought about interracial marriage. I f said, ‘I’m so happy you asked me that. You provide them with quality nutrition education see as an educator and a student of history, services and access to maternal, prenatal, and I have never seen an ant having intercourse SALUTING SERVICE ACADEMY pediatric health-care services. WIC is a pre- with an elephant. What that basically STUDENT EMILY BOYSON mier public health nutrition program and means, sir, is that anything that God did not makes sure that our Nation’s children begin want to have mate with another of his cre- their life as healthy as possible. During early ations He made it physically impossible. HON. SAM JOHNSON childhood, infants with poor nutrition are sus- That man got mad and walked out,’ she said ceptible to increased chances of anemia and with a hardy laugh.’’ OF TEXAS When asked what her typical day is like negatively impact a child’s ability to learn. WIC IN THE HOUSE OF REPRESENTATIVES today, Clara Luper said: ‘‘There really is no plays a vital role in ensuring that WIC infants ‘typical day,’ because I am involved in so Wednesday, June 15, 2011 are in better health than eligible infants not much and traveling a lot. But when I am participating in WIC. home, I usually get up at 6 a.m. I shower, Mr. SAM JOHNSON of Texas. Mr. Speaker, With approximately one out of every two ba- read the newspapers and listen to the news I rise today to honor an extraordinary group of bies born in our country enrolled in WIC, it is on either the TV or the radio. Then I go young men and women who have been cho- a vital service that not only ensures infants’ down to the little lake behind my house and, healthy well-being, but also saves health care every other day, I feed the fish. And then I sen as future leaders in our armed forces by usually phone my children and talk with my the prestigious U.S. service academies. It is a costs. Up to $3.13 for every WIC dollar spent sister. And on Mondays, I try to spend sev- privilege to send such a fine group from the within the first 60 days of birth results in health eral hours at my office at the Freedom Cen- Third District of Texas to pursue a world-class care cost savings. Additionally, lower Medicaid ter.’’ education and serve our Nation. costs are tied to prenatal participation in the She says she also relaxes by playing the WIC program. Preterm births cost our country word game Scrabble with anyone who is As we keep them and their families in our over twenty-six billion dollars every year with available. And she likes listening to spiritual prayers, may we never forget the sacrifices the average first year medical costs for pre- music and to the blues. they are preparing to make while defending mature births costing over forty-nine thousand HONORS TO WHOM HONORS ARE DUE our freedoms all across the globe. I am so dollars and first year medical costs for babies At the time of my interview with her, proud of each one. God bless them and God without complications cost just over four thou- Clara Luper was 83 years old. Yet she still bless America. sand dollars. It has been proven that for every maintained a heavy speaking schedule all across the country. That is because she is Today I salute Emily Boyson, a U.S. Mer- dollar spent on prenatal WIC participation for known as a freedom fighter, a true Civil chant Marine Academy Appointee. Emily is a low-income Medicaid women, the results in- Rights hero, across the nation and not just graduate of Bishop Lynch High School where cluded fewer premature births, longer preg- in Oklahoma. she was on the varsity swim team and partook nancies, and fewer infant deaths. The Oklahoma House of Representatives In my home state of New Jersey, the num- in the breast stroke and individual medley. passed HB 2715 honored her by naming a por- ber of women, infants, and children that par- tion of NE 23rd Street in Oklahoma City as Emily was also a part of the National Honor ticipate in the program is 171,060. Sixty-one ‘‘Clara Luper Corridor’’. She has been inun- Society as the parliamentarian, Mu Alpha percent of WIC participants are families with dated with over 500 other honors as well. And Theta as treasurer, and the New Conservatory of them she says, ‘‘Every award has been a income below the poverty level—these are our Dallas as a violinist. Emily was part of a pres- constituents that are most in need. If the bill recognition of the people who worked with tigious mathematics program in high school me. So all those awards are special. It just is passed, and depending upon the rate of shows what people working together for a and won several awards in school science food inflation, New Jersey may lose 3,700 to common cause can do.’’ fairs. She received the Star Student Award 6,500 WIC participants, and nationwide there Devon Energy Corporation joined hands given to her by Bishop Lynch faculty, the Ren- may be a loss of 200,000 to 350,000 WIC par- with Oklahoma Gas & Electric Company to aissance Program Award and the Dean of ticipants. During the past fifteen years, Con- establish a ‘‘Clara Luper Scholarship’’ pro- Students Letter of Recognition of Perfect Con- gram at Oklahoma City University. It was gress has been committed to provide enough set up to help minority students and to duct. Emily wants to attend an Academy in funding to all eligible women and children who honor Luper for her contributions to edu- order to mold herself into a strong, effective apply for WIC, and this legislation will break cation in Oklahoma and to the Civil Rights military leader capable of protecting America this promise. Indeed, if funding for WIC is in- movement here and throughout the Nation. while fulfilling the mission of the military. sufficient, thousands of women and children

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.006 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS June 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1099 will be put on a waiting list to receive the serv- gree in Business Education from Fort Valley With 97 percent of the world’s supply of rare ices they deserve. State College in Fort Valley, Georgia, and her earth metals, China has proven to be an unre- I urge my colleagues to oppose these dev- Master’s Degree in Business Education from liable trading partner. Not only has their gov- astating cuts, which so many of our constitu- Georgia Southwestern University in Americus, ernment ordered a reduction in exports of rare ents rely upon. Georgia. And finally, she received her Doc- earth metals, but they have used their near f torate of Education in Adult Education from monopoly status as leverage on unrelated the University of Georgia. issues. SALUTING SERVICE ACADEMY Since joining the faculty in 1981 as a Busi- My bill, the Rare Earth Policy Task Force STUDENTS AMBER LOWMAN ness Education professor, she has worked and Materials Act, requires the Department of tirelessly to make South Georgia Technical the Interior to establish a government-wide HON. SAM JOHNSON College a dynamic institution of higher learn- task force to review and report back on all OF TEXAS ing. Throughout her tenure, Dr. Latimore has U.S. laws, regulations or policies that discour- IN THE HOUSE OF REPRESENTATIVES held several leadership positions, including age the reestablishment of a domestic rare Wednesday, June 15, 2011 Vice President for Academic Affairs, Vice earth industry. President for Student Services, Director of In- It also calls for a comprehensive plan for re- Mr. SAM JOHNSON of Texas. Mr. Speaker, struction, Chair of the Business Education De- search, development, demonstration, and I rise today to honor an extraordinary group of partment and Instructor. commercial application to ensure the long- young men and women who have been cho- The great author Zora Neale Hurston once term, secure, and sustainable supply of rare sen as future leaders in our armed forces by said that, ‘‘There is nothing to make you like earth materials for the United States. In addi- the prestigious United States service acad- other human beings as much as doing things tion, the plan includes proposals on how to emies. It is a privilege to send such a fine for them.’’ Dr. Latimore has learned this les- promote recycling possibilities and alternative group from the Third District of Texas to pur- son and dedicated her life to helping others to materials that could act as substitutes. The sue a world-class education and serve our na- reach their full potential. She is involved with measures were also part of the RESTART Act tion. many organizations that aim to make the of 2011, which I introduced earlier this year. As we keep them and their families in our world a better place for all. Some of her com- There is simply no reason to be almost 100 prayers, may we never forget the sacrifices munity organizations include the Fort Valley percent reliant on China for rare earth metals they are preparing to make while defending State University National Alumni Association, when we have such abundant resources here our freedoms all across the globe. I am so Zeta Phi Beta Sorority, Inc., Phoebe Sumter at home. I urge my colleagues to quickly move proud of each one. God bless them and God Medical Center Board of Directors, the Amer- this legislation. bless America. ican Technical Education Association, and Today I salute Amber Lowman, a United Education Committee Member for the Amer- States Naval Academy Appointee. Amber is a icus-Sumter County Chamber of Commerce, f graduate of McKinney High School where she to name a few. SALUTING SERVICE ACADEMY played volleyball as a right side hitter and a Dr. Latimore has also been married to her STUDENTS—JAMES KENNINGTON middle blocker and ran track and field partici- husband, Mr. Frank A. Latimore, for over 34 pating in the long jump and triple jump. Amber years. They have raised a daughter, Kourtney, was an active participant in her school’s and two sons, Brandon and Keiva, who are HON. SAM JOHNSON DECA club as their president, a member of well on their way to making their own mark on OF TEXAS Youth Leadership Board at Stonebridge United society. And they have one grandchild, Bryce IN THE HOUSE OF REPRESENTATIVES Methodist Church, and also a member of the Alexander Latimore. McKinney High School Theatre Department And lastly, Dr. Latimore is committed to her Wednesday, June 15, 2011 taking a lead role in a musical. While bal- God. A dedicated member of the Bethesda Mr. SAM JOHNSON of Texas. Mr. Speaker, ancing academics and extracurricular activi- Missionary Baptist Church in Americus, Geor- I rise today to honor an extraordinary group of ties, Amber has also given much of her time gia, Dr. Latimore believes that the Lord has young men and women who have been cho- to those in need serving as a volunteer for ordered all of her steps and she gives Him all sen as future leaders in our armed forces by Special Olympics and the elderly at an as- the glory for her successes in life and the abil- the prestigious United States service acad- sisted living center, and served as a camp ity to raise a productive family. emies. It is a privilege to send such a fine counselor for those with special needs. Amber South Georgia Technical College should group from the third district of Texas to pursue believes her readiness for adventure, leader- consider itself blessed for having a woman a world-class education and serve our nation. ship skills, and competitiveness will allow her with the strength and character of Dr. Robbie As we keep them and their families in our to excel at a military academy. Her father is a Latimore, who gave her all to make the col- prayers, may we never forget the sacrifices graduate of the U.S. Naval Academy, and she lege a success. On behalf of the constituents they are preparing to make while defending looks forward to carrying on the tradition in of the Second Congressional District, I thank our freedoms all across the globe. I am so Annapolis. her for her service and wish her a happy re- proud of each one. God bless them and God f tirement. bless America. f IN HONOR OF DR. ROBBIE Today I salute James Kennington, a United LATIMORE RARE EARTH POLICY TASK FORCE States Naval Academy Appointee. James is a AND MATERIALS ACT graduate of Plano West Senior High School HON. SANFORD D. BISHOP, JR. where he participated in wrestling and earned OF GEORGIA HON. MIKE COFFMAN varsity letters in 2010 and 2011. Extra- IN THE HOUSE OF REPRESENTATIVES OF COLORADO curricular activities such as weight lifting and IN THE HOUSE OF REPRESENTATIVES running also consumed James’ time, including Wednesday, June 15, 2011 martial arts where he is a blue belt. James Mr. BISHOP of Georgia. Mr. Speaker, I rise Wednesday, June 15, 2011 was also an active member of the Young today to honor a great educator and woman of Mr. COFFMAN of Colorado. Mr. Speaker, Men’s Service League as the vice president, tremendous class and grace, Dr. Robbie today I am introducing legislation that would and founded his own photography club which Latimore. Dr. Latimore will retire on June 30, help reestablish a competitive rare earth do- received several awards. Academic success 2011, after more than 30 years of service at mestic supply chain as part of my ongoing ef- has always been a part of James high school South Georgia Technical College in Americus, fort to avert a rare earth supply crisis in the career. He received the College Board AP Georgia. She has played a tremendous role in United States. Scholar of Distinction, was a National Merit the development of South Georgia Tech into There are 17 rare earth minerals that are Commended Scholar, in the French Honor So- one of the best technical colleges in Georgia used in many advanced technologies, from ciety and National Honor Society, and scored and our Nation. computers to precision guided munitions to a perfect score on two sections of the SAT. Dr. Latimore was born in Dublin, Georgia, to components necessary for the production of He stated in his application essay, ‘‘I feel the union of the late Mark Smith, Sr. and Katie renewable energies. They are dispersed wide- deeply compelled to join the fight—to give all Smith. She graduated from Northwest Laurens ly around the earth’s crust but rarely in con- of myself for freedom, for brotherhood, and for High School in Dublin, received her B.S. de- centrations that are commercially viable. country.’’

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.008 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS E1100 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2011 CHANCELLOR STEVE KANG Steve Kang was raised in South Korea and graduate of Wylie High School where he ran RECOGNITION moved to the United States after receiving a junior varsity cross country as well as partici- scholarship to the Fairleigh Dickinson Univer- pated in junior varsity track and field. He HON. DENNIS A. CARDOZA sity in Teaneck, New Jersey where he grad- served as the National Honor Society presi- OF CALIFORNIA uated summa cum laude with a degree in dent and was a Hispanic National Merit Schol- IN THE HOUSE OF REPRESENTATIVES Electrical Engineering. He received his Mas- ar. Jeff was also part of the Air Force Junior Wednesday, June 15, 2011 ters of Science degree from the State Univer- ROTC and served as the Deputy Group Com- sity of New York at Buffalo and his doctorate mander. Jeff chose to apply to the Air Force Mr. CARDOZA. Mr. Speaker, it is with great from UC Berkeley. A master of his field, Kang Academy because he wanted to receive the pleasure that I stand before you today to has co-authored 11 books on the subjects of exemplary service academy education and ex- honor Mr. Sung-Mo ‘‘Steve’’ Kang for his electrical and computer engineering, written perience. Since the beginning of his involve- many years of dedicated service as Chan- over 350 technical papers, and has well over ment in his junior ROTC program, he had de- cellor of the University of California, Merced, a dozen patents to his name. He has been veloped a deep and strong interest in serving California’s first research institution built in the recognized with numerous awards in edu- his country and becoming an officer in the 21st century and located within the 18th Con- cation and research, including the Distin- United States Military. Jeff stated in an essay, gressional District of California. Steve Kang guished Korean-American Award in 2008, the was appointed as the second permanent ‘‘Nothing would please me more than to give IEEE Third Millennium Medal in 2000, and back to my country while leading the future Chancellor of UC Merced on January 17, 2007 Outstanding Alumnus Award in Electrical Engi- and began serving at the beginning of March servicemen, servicewomen and protectors of neering from UC Berkeley in 2008. this country.’’ of the same year. During his four year tenure Along with his passion for education, Steve as chancellor, Steve’s leadership made many Kang is also an advocate for the community. f immense and lasting contributions to the uni- He is personally dedicated to the principle of versity and to the community. It is an honor to providing educational opportunities to children HONORING THE BUFFALO AND recognize the work of Chancellor Kang—a from lower income families and expanding ac- ERIE COUNTY LIBRARY SYS- tireless advocate for education and research, cess to a UC-quality education. He serves on TEM’S 175TH YEAR OF SERVICE a champion for the community, and a leader the UC Merced Foundation as President, the and friend to Merced. Great Valley Center as Chairman of the HON. BRIAN HIGGINS Chancellor Kang’s insightful vision for the Board, and the Central Valley Higher Edu- campus, his commitment to cultivating and in- cation Consortium as an executive board OF NEW YORK spiring students and researchers, and his member. He, along with his wife Mia, have IN THE HOUSE OF REPRESENTATIVES unyielding devotion to his role as chancellor long carried the torch for the needs of the re- Wednesday, June 15, 2011 truly paved the way for the development of an gion, consistently looking out for the valley as outstanding university. A sample of UC a whole. Mr. HIGGINS. Mr. Speaker, it is with pleas- Merced’s key accomplishments achieved Mr. Speaker, at this time, I ask that you and ure I acknowledge the Buffalo and Erie County under Chancellor Kang’s leadership include: my other distinguished colleagues join me in Library system’s kick-off of their 175th anniver- meeting all of the requirements for initial ac- commending Chancellor Sung-Mo ‘‘Steve’’ sary celebration and their summer reading ini- creditation by the Western Association of Kang for his dedication and service as a lead- tiatives. Schools and Colleges, developing and pub- er at the University of California, Merced. The first public library service in Western lishing the school’s Strategic Academic Vision Without his efforts, the university would not be New York began with the creation of the statement in 2009, continuing its commitment the outstanding academic institution that it is Young Men’s Association (YMA) in 1836. The to sustainable development by raising the min- today. His selflessness and lifelong commit- association circulated 5,500 items to its mem- imum level of performance for all new build- ment to education is worthy of the highest bers in its first year alone. ings to a Gold LEED rating, and seeing the di- praise and it is my great privilege to pay trib- 50 years later the institution was purchased versity of the campus recognized by the U.S. ute to and offer my sincerest appreciation to for the City of Buffalo and was re-established Department of Education as a Hispanic-Serv- him today. Steve will be leaving UC Merced as a free circulating reference library open to ing Institution. Also under his guidance, UC and returning to the classroom and although all City residents. By 1897, there were 32,000 Merced’s Stem Cell Instrumentation Foundry he will be greatly missed, I wholeheartedly registered borrowers. opened in 2011, enabling innovations in bio- wish him luck in every future endeavor. Steve Today with over 3.5 million items in circula- technologies that will lead to new discoveries Kang has made a lasting impression on the tion and 37 locations, the Buffalo and Erie about stem cells. A testament to his belief in entirety of the Merced community, its faculty, County libraries have served nearly 4 million providing quality and equal access education and above all, its students. We will forever be patrons. to all students, he secured commitments from With a diversity of programs including adult the UC Office of the President to fund enroll- indebted to his noble efforts in bringing excel- computer training, resume tips and techniques ment growth for the next three years. Of spe- lence in education to the Central Valley. seminars as well as preschool story hour—the cial note, Chancellor Kang has supported the f libraries continue to serve as centers of infor- vision for UC Merced’s future as a medical SALUTING SERVICE ACADEMY mation, culture and entertainment for the resi- teaching university and his actions are greatly STUDENTS—JEFFREY HERRERA dents of Erie County. instrumental in ensuring that it will one day serve as an independently accredited School It is with great pride that I stand today to HON. SAM JOHNSON commemorate the Buffalo and Erie County Li- of Medicine. OF TEXAS Steve’s first love is teaching and he has in- brary system’s 175th year of service. I am IN THE HOUSE OF REPRESENTATIVES spired generations of successful students in- grateful for the array of programs and services side the classroom. Prior to taking his position Wednesday, June 15, 2011 they offer to the Western New York commu- at UC Merced, he served as a professor in Mr. SAM JOHNSON of Texas. Mr. Speaker, nity and am happy to acknowledge the kick-off electrical and computer engineering at the I rise today to honor an extraordinary group of to their summer reading initiatives. University of Illinois at Urbana-Champaign young men and women who have been cho- from 1985 to 2000, becoming a department sen as future leaders in our armed forces by f head in 1995. He taught as a visiting pro- the prestigious United States service acad- PERSONAL EXPLANATION fessor at several international universities, in- emies. It is a privilege to send such a fine cluding the Swiss Federal Institute of Tech- group from the third district of Texas to pursue ´ nology, the University of Lausanne, and the a world-class education and serve our nation. HON. RAUL M. GRIJALVA Technical University of Munich. He also As we keep them and their families in our OF ARIZONA served as the Dean of the Baskin School of prayers, may we never forget the sacrifices IN THE HOUSE OF REPRESENTATIVES Engineering at the University of California, they are preparing to make while defending Wednesday, June 15, 2011 Santa Cruz, during which time he took a bud- our freedoms all across the globe. I am so ding engineering program to significantly proud of each one. God bless them and God Mr. GRIJALVA. Mr. Speaker, on rollcall No. greater levels of achievement, ensuring its bless America. 413, I was unavoidably detained and was un- place among the nation’s top engineering Today I salute Jeffrey Herrera, a United able to cast my vote. Had I been present, I schools. States Air Force Academy Appointee. Jeff is a would have voted ‘‘yes.’’

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K15JN8.001 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS June 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1101 SALUTING SERVICE ACADEMY sional colleagues from Pennsylvania, and both nautical miles offshore San Diego then east to STUDENTS—JOSEPH HAYS Senators, actively supported the effort to move the Colorado River from the Mexico border to this monument to its rightful home in Arlington. Utah. HON. SAM JOHNSON The Pennsylvania State Legislature also Along with his many roles and responsibil- OF TEXAS passed a resolution designating June 14th as ities, Captain Farris serves as the designated IN THE HOUSE OF REPRESENTATIVES Bakers Creek Memorial Day. Federal Maritime Security Coordinator and The distinguished speaker at today’s cere- Wednesday, June 15, 2011 Chair of the Area Maritime Security Committee mony at Selfridge Gate, the Honorable L. overseeing commercial vessel and facilities Mr. SAM JOHNSON of Texas. Mr. Speaker, Jerry Hansen, Principal Deputy Assistant Sec- compliance with the Maritime Transportation I rise today to honor an extraordinary group of retary of the Army for Installations and Envi- Security Act. He also serves as the Oper- young men and women who have been cho- ronment, graciously accepted the monument ational Commander for the USCG air and sur- sen as future leaders in our armed forces by two years ago on behalf of the Secretary of face force carrying out Search and Rescue the prestigious United States service acad- the Army. The Department of the Army and Maritime law enforcement authority. Addi- emies. It is a privilege to send such a fine pledged to protect and honor the monument at tionally, Captain Farris plays a pivotal role as group from the third district of Texas to pursue Fort Myer, as a permanent tribute to the brave the Senior Officer Ashore in San Diego as the a world-class education and serve our nation. soldiers and airmen who perished at Bakers primary local USCG representative to the San As we keep them and their families in our Creek, as well as their families. Diego County military, federal and civilian prayers, may we never forget the sacrifices I am pleased to thank Army Secretary John community. they are preparing to make while defending McHugh and Fort Myer Garrison Commander, As he enters this new stage of his life, I our freedoms all across the globe. I am so Col. Carl R. Coffman, for arranging this appro- hope that Captain Farris will benefit from his proud of each one. God bless them and God priate and dignified memorial ceremony—with years of work, just as the United States Mili- bless America. high standards of military honor. I am con- tary has benefited. I offer him my warmest Today I salute Joseph Hays, a United fident that this ceremony will be repeated each congratulations and may he enjoy a rewarding States Air Force Academy Appointee. Joseph year on the anniversary date of the tragic retirement. is a graduate of Plano West Senior High crash. School where he was a part of the varsity I extend my deepest sympathies to the fam- Mr. Speaker, I ask you to please join me in wrestling team. While excelling academically, ily members of the heroic American warriors honoring all the brave men and women who Joseph gave of his time at the St. Elizabeth who made the ultimate sacrifice in defense of have served in the United States Armed Ann Seaton’s Parish Pastoral Council as a our nation during World War II. But for their Forces, and the admirable service of Captain Board Member, and worked as a Lifeguard for selfless and courageous service, the freedoms Thomas Farris. the City of Plano and swim teacher. Joseph we enjoy today would not be. I and all Ameri- comes from a military oriented family, where cans are forever indebted to these true he- f his grandparents served in WWII and Korea. roes. SALUTING SERVICE ACADEMY His stepfather served as a Black Hawk pilot f and instructor. After life at the Academy, Jo- STUDENTS—ELIZABETH CAR- seph aspires to attend medical school to serve RECOGNIZING THE HONORABLE PENTER as a medical doctor in the United States MILITARY SERVICE OF CAPTAIN Armed Forces. Joseph feels that his dedica- THOMAS H. FARRIS HON. SAM JOHNSON tion toward his goal of attending a Service Academy reflects his values as both a devout HON. DARRELL E. ISSA OF TEXAS Christian and as an American. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Wednesday, June 15, 2011 RECOGNIZING THE 68TH ANNIVER- Wednesday, June 15, 2011 Mr. SAM JOHNSON of Texas. Mr. Speaker, SARY COMMEMORATION OF THE Mr. ISSA. Mr. Speaker, I rise today to honor I rise today to honor an extraordinary group of BAKERS CREEK AIR CRASH IN the distinguished career of Captain Thomas H. young men and women who have been cho- AUSTRALIA DURING WORLD WAR Farris on the occasion of his retirement from sen as future leaders in our armed forces by II the United States Coast Guard (USCG). I offer the prestigious United States service acad- Captain Farris my sincerest thanks for his 30 emies. It is a privilege to send such a fine years of dedicated service in protecting our HON. TODD RUSSELL PLATTS group from the third district of Texas to pursue nation and safeguarding its future. OF PENNSYLVANIA a world-class education and serve our nation. IN THE HOUSE OF REPRESENTATIVES An accomplished aviator, Captain Farris possesses over 6700 hours of flight time in six As we keep them and their families in our Wednesday, June 15, 2011 different aircraft throughout his 30 years of prayers, may we never forget the sacrifices Mr. PLATTS. Mr. Speaker, I rise to recog- service as a veteran of the U.S. Army and they are preparing to make while defending nize the Bakers Creek Memorial ceremony USCG. He most recently served as the Coast our freedoms all across the globe. I am so being held today at the Selfridge Gate to Ar- Guard’s Chief of Aviation Safety. In that ca- proud of each one. God bless them and God lington National Cemetery at Fort Myer, Vir- pacity he was responsible for the USCG Avia- bless America. ginia. tion Safety program and one of only three Today I salute Elizabeth Carpenter, a United Sixty-eight years ago today, a Boeing B-17C senior aviators exercising program level over- States Air Force Academy Appointee. Eliza- bomber flying with forty-one soldiers and air- sight over the design, development, implemen- beth is a graduate of Plano East Senior High men from Bakers Creek, Australia to New tation, delivery and sustainment of all USCG School where she excelled at many things. Guinea crashed upon takeoff, killing forty indi- aviation programs. She was a strong student who participated in viduals. Due to the Army’s subsequent classi- Captain Farris has distinguished himself by National Honor Society and the International fication of the event, the victims’ families were extraordinary acts of leadership. Among his Baccalaureate Program. Elizabeth is also an not informed about the details of their loved many achievements, Captain Farris won the accomplished athlete. She played varsity ones’ peril until recently. Thanks to the persist- U.S. Army’s European Helicopter Champion- volleyball and was the team captain at Plano ence of the Bakers Creek Memorial Associa- ship early in his career along with 18 ship- East. She comes from a family of service as tion and the victims’ families, the events of board deployments and extensive airborne her grandfather graduated from the United Bakers Creek are not only known today, but Law Enforcement experience in the North At- States Military Academy and retired as a colo- are honored by a monument in Arlington. lantic, Caribbean and Eastern Pacific theatres. nel from the Air Force and her sister is cur- I am proud to have joined the effort to bring Captain Farris’ service in his current position rently at the U.S. Naval Academy. Elizabeth the Bakers Creek monument from the Aus- as the USCG Captain of the Port of San has aspirations to become a pilot. Elizabeth tralian Embassy to a permanent home on Diego is the capstone to his military career. As chose to apply to the Air Force Academy be- American soil. Pennsylvanians have a strong the Coast Guard Captain for San Diego, he is cause she is certain it is only there she can connection to this monument, as six of the responsible for the safe conduct of commercial study her interest in aviation and give her a forty victims of the tragic plane crash called maritime activity on all federally navigable wa- foundation that she can apply in any endeav- Pennsylvania home. Many of my Congres- terways within an area that extends from 200 or.

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.014 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS E1102 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2011 MILITARY CONSTRUCTION AND Born in Wichita, Kansas in 1934, Jim Lehrer tion of Wisconsin. As president, she was a VETERANS AFFAIRS AND RE- received an A.A. degree from Victoria College strong advocate for women, raising funds for LATED AGENCIES APPROPRIA- and a B.J. in 1956 from the University of Mis- mission work and was quite able of reminding TIONS ACT, 2012 souri before joining the Marine Corps. From men in authority that women kept the church- 1959 to 1966, he was a reporter for The Dal- es going. SPEECH OF las Morning News and then the Dallas Times- Dr. Tatum’s work with the church led her to HON. JOHN D. DINGELL Herald. He was also a political columnist at distant La Hatte, Haiti, where she felt com- the Times-Herald for several years and in pelled to build a new church and school. She OF MICHIGAN 1968 became the city editor. asked her family for money to help build the IN THE HOUSE OF REPRESENTATIVES Lehrer’s newspaper career led him to public church and school. She contributed money Thursday, June 2, 2011 television, first in Dallas, as KERA–TV’s exec- that she had saved to purchase a car and The House in Committee of the Whole utive director of public affairs, on-air host and family members donated the rest of the need- House on the State of the Union had under editor of a nightly news program. He subse- ed $18,000. consideration the bill (H.R. 2055) making ap- quently moved to Washington, DC to serve as Dr. Tatum was preceded in death by her propriations for military construction, the the public affairs coordinator for PBS, and was husband of 57 years, Earl Tatum. She never Department of Veterans Affairs, and related also a member of PBS’s Journalism Advisory gave birth but raised her late sister’s children agencies for the fiscal year ending Sep- Board and a fellow at the Corporation for Pub- as her own. Survivors include the children she tember 30, 2012, and for other purposes: lic Broadcasting. Lehrer went on to join the raised, David Hollins Sr., Jynette Hamilton, Mr. DINGELL. Mr. Chair, I rise in support of National Public Affairs Center for Television. Pastor Sudie B. Jones, Shirley Owens, Ruthie H.R. 2055, the fiscal year 2012 Military Con- (NPACT) as a correspondent. L. Darrough and James Hollins Jr.; and their struction and Department of Veterans Affairs Lehrer has been honored with numerous children. Instead of flowers, she requested an (VA) Appropriations Act. This legislation, which awards for journalism, including the Chair- offering for home and foreign ministries; there- provides $129.7 billion in funding for the VA, man’s Award at the 2010 National Academy of fore, a collection was taken as people left her is critical for our veterans returning from mul- Television Arts & Sciences News & Documen- service. tiple tours of duty in Iraq, Afghanistan, and tary Emmy Awards, the 1999 National Human- Mr. Speaker, I rise because Dr. Sudie E. around the world, and all those who have so ities Medal, presented by President Bill Clinton Tatum is an example of the best of what Mil- bravely and honorably served our nation in the and First Lady Hillary Rodham Clinton and in waukee and the Fourth Congressional District Armed Forces, including the 46,370 veterans October 2011, the National Press Club will has to offer. She will be remembered as a living in the 15th district of Michigan. present him with their top honor, the Fourth woman who packed plenty of life into her 92 There are a number of provisions in this bill Estate Award. In 1999, Lehrer was inducted years and, who took the opportunity to com- with which I am pleased. First, it continues the into the Television Hall of Fame with Robert bine the joys of her life: love of family, edu- Democratic-initiated effort to provide advance MacNeil and into The Silver Circle of the cation, social work, guidance and missionary appropriations for the Veterans Health Admin- Washington, DC Chapter of The National work. istration so the VA may adequately plan for Academy of Television Arts and Sciences. He f our veterans medical needs. Second, it builds has won two Emmys, the Fred Friendly First PERSONAL EXPLANATION on the previous Democratic Congresses’ com- Amendment Award, the George Foster Pea- mitment to our veterans by providing funding body Broadcast Award, and the William Allen to reduce the VA claims backlog, allow for White Foundation Award for Journalistic Merit HON. NIKI TSONGAS quality medical care, and ensure the promise and the University of Missouri School of Jour- OF MASSACHUSETTS of a college education. nalism’s Medal of Honor. In 1991, he was IN THE HOUSE OF REPRESENTATIVES I am particularly pleased efforts to weaken elected as a Fellow of the American Academy Wednesday, June 15, 2011 workers’ rights were defeated during consider- of Arts and Sciences. Ms. TSONGAS. Mr. Speaker, I missed ation of this legislation. Both a proposed ban Mr. Speaker, I ask you and my colleagues votes on the evening of June 13, 2011 be- on implementation of Project Labor Agreement to join me in congratulating Jim Lehrer on an cause of pressing matters in my district. Had requirements as well as a proposal to bar VA extraordinary career. This trailblazing journalist I been present, I would have voted for the and the Department of Defense from enforcing has made a lasting impact on his profession. LaTourette Amendment to the FY 2012 Mili- the Davis-Bacon prevailing wage requirement I thank Jim for his important contributions, and tary Construction and VA Appropriations bill to on contracts would have unjustly harmed mid- wish him a happy and healthy retirement. remove language from the bill which rolls back dle class working families and led to poor con- f worker protections by discouraging the use of struction on VA and DoD facilities. Project Labor Agreements. In this fragile fiscal Mr. Chair, this legislation continues the A TRIBUTE TO DR. SUDIE TATUM climate, Congress should be defending our Democrats tradition of caring for our veterans. skilled laborers, whose essential work contrib- This job is never done and at a time when we HON. GWEN MOORE utes to our economic recovery. Restricting ex- are engaged in conflicts around the world, it is OF WISCONSIN isting policies which permit the establishment imperative our current and former military men IN THE HOUSE OF REPRESENTATIVES of basic terms and conditions on complex, and women know that their government sup- Wednesday, June 15, 2011 large scale construction projects is harmful for ports them. workers and a distraction from the important I urge my colleagues to join me in sup- Ms. MOORE. Mr. Speaker, I rise to give programs which are funded in the underlying porting our veterans by voting ‘‘yes’’ on H.R. tribute to Dr. Sudie E. Tatum who passed bill. 2055. away on June 1, 2011. On Sunday, June 5, Additionally, I would have voted against the 2011, services were held at Greater Galilee f Amash Amendment, which would have prohib- Missionary Baptist Church. The church had ited compliance with the Davis-Bacon pre- HONORING JIM LEHRER long planned to celebrate her life on this date; vailing wage law. The Davis-Bacon Act has they felt no need to change it and held her fu- been a cornerstone of labor protection for 80 HON. EDDIE BERNICE JOHNSON neral as part of ‘‘Dr. Tatum Day.’’ Dr. Tatum was born as Sudie Ethel Ware in years, and I would have proudly voted to up- OF TEXAS hold it. IN THE HOUSE OF REPRESENTATIVES Harrell, Arkansas and raised in Milwaukee, Wisconsin. She was a high school dropout, f Wednesday, June 15, 2011 who became an educator. She graduated from SALUTING SERVICE ACADEMY Ms. EDDIE BERNICE JOHNSON of Texas. UW–Milwaukee with qualifications for both STUDENTS—KEVIN CARRINGER Mr. Speaker, I rise today to pay tribute to a teacher and social work. Dr. Tatum earned a distinguished journalist. On May 12, 2011, Jim master’s degree in education administration HON. SAM JOHNSON Lehrer announced that he is leaving the and a doctorate in theology. Dr. Tatum taught OF TEXAS ‘‘NewsHour’’ as a regular anchor effective the adult basic education at Milwaukee Area IN THE HOUSE OF REPRESENTATIVES week of June 6, the final step in a carefully Technical College. planned retirement. He said he will still appear She was active in church leadership and for Wednesday, June 15, 2011 many Fridays to moderate an analysis of the 38 years served as president of the Women’s Mr. SAM JOHNSON of Texas. Mr. Speaker, week’s news. Auxiliary of the General Baptist State Conven- I rise today to honor an extraordinary group of

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.016 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS June 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1103 young men and women who have been cho- HONORING SUNG MO ‘‘STEVE’’ Tien Education Leadership Award (2007), Ko- sen as future leaders in our armed forces by KANG rean-American Leadership Award (2008), IQ the prestigious United States service acad- Quality Award (2008), and many other acco- emies. It is a privilege to send such a fine HON. JEFF DENHAM lades. Most recently (2009), Kang was in- group from the third district of Texas to pursue OF CALIFORNIA ducted into the Silicon Valley Engineering Hall a world-class education and serve our nation. IN THE HOUSE OF REPRESENTATIVES of Fame. As we keep them and their families in our He earned his bachelor of science degree, Wednesday, June 15, 2011 prayers, may we never forget the sacrifices graduating summa cum laude, from Fairleigh they are preparing to make while defending Mr. DENHAM. Mr. Speaker, I rise today to Dickinson University in Teaneck, N.J.; his our freedoms all across the globe. I am so acknowledge and honor Sung Mo ‘‘Steve’’ master of science from the State University of proud of each one. God bless them and God Kang, Chancellor of the University of Cali- New York at Buffalo; and his doctorate from bless America. fornia, Merced; and to thank him for his lead- UC Berkeley. All his academic degrees are in Today I salute Kevin Carringer, a United ership and dedication to the academic ad- electrical engineering. Kang and wife, Mia, live States Military Academy Appointee. Kevin is a vancement of the Central Valley. in the chancellor’s residence in Merced. They graduate of Plano West Senior High School Since March 1, 2007, Steve Kang has have two grown children. where he ran cross country, and track. Kevin served as Chancellor of the University of Cali- Mr. Speaker, please join me in honoring and also participated in triathlons, winning a con- fornia, Merced, the first American research commending Sung Mo ‘‘Steve’’ Kang, Chan- sistent first place amongst his age group, and university of the 20 century. Kang is an experi- cellor of the University of California, Merced also achieving fifty miler awards for BSA ca- enced educator, researcher and administrator. for his numerous years of selfless service to noeing and kayaking. Kevin worked hard at Previously, he was Dean of the Baskin School the education of our community. various jobs through his summers and serves of Engineering at UC Santa Cruz. He now f as an Eagle Scout in the Boy Scouts of Amer- serves on the Central Valley Higher Education ica. He served as president of the Plano West Consortium Board, MentorNet Advisory Board, HONORING JENNIFER FORSETH Cycling Club and was a member of the Na- the UC President’s Advisory Council on tional Honor Society. Kevin’s personal ambi- Science and Innovation, Business-Education HON. GEOFF DAVIS tion and motivation to protect freedom inspire Alliance of Merced County, and the Board of OF KENTUCKY him to attend a United States Military Acad- the Great Valley Center as its Chairman. He IN THE HOUSE OF REPRESENTATIVES also serves on international advisory boards emy. In an essay Kevin stated he aspires to Wednesday, June 15, 2011 become the best Ranger the Army has seen, for institutions in Canada, Korea, Switzerland, and believes that the full four year lifestyle of and Taiwan. Mr. DAVIS of Kentucky. Mr. Speaker, I rise military discipline and training is required as He brings a wealth of experience from a today to recognize Ms. Jennifer Forseth, a his first stepping stone to success. long and distinguished career in private indus- teacher at Centerfield Elementary School, and try and higher education. Kang served as a her fourth grade class from Oldham County in f department head (1995–2000) and a professor the fourth district of Kentucky. PERSONAL EXPLANATION (1985–2000) in electrical and computer engi- Ms. Forseth and her students have been neering at the University of Illinois at Urbana- recognized by the National Energy Education Champaign. He was a visiting professor at the Development Project for their outstanding HON. MIKE PENCE Swiss Federal Institute of Technology at Lau- work on energy programs this year. OF INDIANA sanne, the University of Karlsruhe and the Ms. Forseth’s class conducted a study de- IN THE HOUSE OF REPRESENTATIVES Technical University of Munich, and a Chaired tailing how to improve energy efficiency in Wednesday, June 15, 2011 Visiting Professor of Electrical Engineering their school that culminated in a presentation and Computer Science of Korea Advanced In- of their findings. Their academic initiative Mr. PENCE. Mr. Speaker, I was absent from stitute of Science and Technology (KAIST). He earned them a scholarship and recognition by the House floor during rollcall votes 391, 408, has also taught at Rutgers University. the NEED Youth Awards. and 409. Had I been present, I would have Prior to his career in education, Kang It is my hope that the accomplishments of voted ‘‘yea’’ on rollcall 391, ‘‘nay’’ on rollcall worked for AT&T Bell Laboratories, where he Ms. Forseth and the fourth grade students 408, and ‘‘yea’’ on rollcall 409. led the development of the world’s first 32–bit from Centerfield Elementary School serve as f microprocessor chips as a technical supervisor inspiration for others to increase their own en- and designed satellite-based private commu- ergy efficiency. I ask my colleagues in the TRIBUTE TO MR. EDWARD nication networks as a member of technical U.S. House of Representatives to join me in HARVEY HOOMES, JR. staff. recognizing their accomplishments. His leadership in industry is evidenced by f his earlier appointment to the Blue Ribbon HON. JO BONNER ´ OF ALABAMA Task Force on Nanotechnology, a joint fed- VALENTINA ROSENDO CANTU IN THE HOUSE OF REPRESENTATIVES eral-state venture to promote California as the premier center for nanotechnology research, Wednesday, June 15, 2011 HON. TED POE development, and commercialization. He OF TEXAS Mr. BONNER. Mr. Speaker, I rise to honor served as president of the Silicon Valley Engi- IN THE HOUSE OF REPRESENTATIVES the memory of Mr. Edward Harvey Hoomes, neering Council, the alliance for engineering Wednesday, June 15, 2011 Jr., of Brewton, Alabama, a respected public leaders in Silicon Valley, with more than servant who passed away after an extended 60,000 engineers. Mr. POE of Texas. Mr. Speaker, on Feb- illness on June 9, 2011. He was 76 years old. Kang holds 15 U.S. patents in electrical en- ruary 16, 2002, 17-year-old Valentina During his lifetime, Edward Hoomes was a gineering and has written or co-authored 11 Rosendo Cantu´ was almost finished doing her much beloved member of his community, and books and 400 technical papers and won nu- washing in a stream when eight soldiers sud- spent many years working for the Escambia merous awards and fellowships for his work denly appeared. They beat her until she County Commission. E.H., as he was called and publications. His current research inter- passed out. When Valentina came to, she was by his friends and family, honorably served in ests include nanoelectronics, lower-power, raped, not once, but twice, as the rest of the the United States Army from 1957 to 1959, very large-scale integrated (VLSI) circuits; soldiers stood by, watching and mocking her. reaching the rank of Specialist 3. modeling and simulation of semiconductor de- She was finally able to escape, returning Mr. Speaker, E.H. will be remembered for vices and circuits. home to her husband and three-month-old his character, strength, love of the outdoors Kang is a fellow of IEEE, ACM and AAAS, daughter, but she hasn’t been able to escape and his loving heart. All who knew E.H. will Foreign Member of National Academy of Engi- from the memories of what happened to her. surely miss him. neering of Korea, and is listed in Who’s Who For the last 9 years, Valentina has been On behalf of the people of South Alabama, in America, Who’s Who in Technology, Who’s begging for these bad guys to be punished. I would like to extend my condolences to his Who in Engineering and Who’s Who in Mid- Despite her tireless pursuit of justice, the wife, Betty, their daughters, Beverly and San- west. He received the Alexander von Hum- Mexican government refuses to allow her case dra, their son Robert, and their families for the boldt U.S. Senior Scientist Award (1996), to be tried under civilian jurisdiction while the loss. You are all in our thoughts and prayers. IEEE Millennium Medal (2000), Chang-Lin military courts have completely dropped the

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.020 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS E1104 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2011 case. Valentina is not only a victim of a hei- TRIBUTE TO FIFTY-FOURTH NA- so, Mr. Speaker, as a Puerto Rican and a nous violent crime, she is also a victim of the TIONAL PUERTO RICAN DAY PA- New Yorker, and as someone who participates negligence of members of the Mexican gov- RADE in this parade annually, I stand before you and ernment, and it’s time for these outlaws to be my colleagues in Congress with a full and brought to justice. HON. JOSE´ E. SERRANO proud heart to pay tribute to the sights and And that’s just the way it is. OF NEW YORK sounds and wonder that is the National Puerto IN THE HOUSE OF REPRESENTATIVES Rican Day Parade. f Wednesday, June 15, 2011 f MARK SMITH GUEST CHAPLAIN SALUTING SERVICE ACADEMY Mr. SERRANO. Mr. Speaker, it is with great STUDENTS—EMMA DRIDGE pleasure that I rise today to pay tribute to the Fifty-Fourth National Puerto Rican Day Pa- HON. STEVE AUSTRIA rade, which will be held on June 12th, 2011, OF OHIO HON. SAM JOHNSON in New York City. A radiant and star-studded IN THE HOUSE OF REPRESENTATIVES event, this parade proudly recognizes the her- OF TEXAS itage of Puerto Rican people here in the Wednesday, June 15, 2011 IN THE HOUSE OF REPRESENTATIVES United States, and year upon year has proven Mr. AUSTRIA. Mr. Speaker, I rise today to to be one of our nation’s largest outdoor fes- say a few words about today’s guest chaplain Wednesday, June 15, 2011 tivities. and my dear friend and fellow Ohioan, Dr. The National Puerto Rican Day Parade is Mark A. Smith. Dr. Smith is a leader in faith- Mr. SAM JOHNSON of Texas. Mr. Speaker, the successor to the New York Puerto Rican based education throughout Ohio and also an I rise today to honor an extraordinary group of Day Parade, which held its inaugural celebra- important leader in Pickaway County. young men and women who have been cho- tion on Sunday, April 12th, 1958, in ‘‘El Since coming to Ohio Christian University in sen as future leaders in our armed forces by Barrio,’’ Manhattan. The impact of the first 2005, he has expanded the University’s enroll- the prestigious United States service acad- Puerto Rican Day Parade in New York was ment from 380 to more than 1,750 students. emies. It is a privilege to send such a fine immediate and resounding. Thousands of New He has helped fund and build over $10.5 mil- group from the third district of Texas to pursue York Puerto Ricans flooded the streets in a lion of projects and led the development of a world-class education and serve our nation. very public, very proud demonstration of their many off campus sites. As we keep them and their families in our emergence in the City as an important and Dr. Smith was also appointed by former prayers, may we never forget the sacrifices growing ethnic group. For the next 38 years, U.S. Secretary of Education Rod Paige and they are preparing to make while defending the New York Puerto Rican Day Parade be- served on the Fund for the Improvement of our freedoms all across the globe. I am so came a staple of New York’s cultural life. In Post Secondary Education Board, which man- proud of each one. God bless them and God 1995, the overwhelming success of the parade aged more than 400 million dollars of projects. bless America. prompted organizers to increase its size and Dr. Smith has experience in nearly every Today I salute Emma Dridge, a United transform it into the national and international level of education, and he has taught several States Air Force Academy Appointee. Emma affair that it is today. undergraduate and graduate classes in edu- is a graduate of Allen High School where she On June 12th delegates representing over cation, business, leadership, and religion. Prior was considered an all-around overachiever in thirty states, including Alaska and Hawaii, will to coming to Ohio Christian University, he was everything she did. She played high school join the roughly 3 million parade goers every Vice President for Adult and Graduate Studies and club volleyball where she earned numer- year who turn New York’s Fifth Avenue into a at Indiana Wesleyan University for five years. ous awards. Emma was active in Fellowship sea of traditional red, white, and blue flags. It’s Under his leadership, his division grew from of Christian Athletes, Young Life, and the a picture unlike anything you will see any- an enrollment of 2,500 students to nearly Chamber Orchestra. One of Emma’s teachers where else in the country. Not only because 10,100 students. said Emma demonstrates confidence, inspira- New York is the most international city in the Though he has been anxiously engaged in tion and perseverance while always giving 100 world, but also because of the relationship that education his entire life, Dr. Smith has also percent at all times and has the ability to moti- exists between New York and the Puerto made community service a priority. In fact, he vate others to do the same. Emma chose to Rican community. It’s an historic relationship currently serves on my Economic Advisory apply to a United States Service Academy so essentially born of mutual benefit and respect. Team, and I rely on him for advice to improve that she may experience a unique and ex- Puerto Ricans have helped transform New our economy and higher education in Ohio. traordinary education, while also being offered York into a dynamic, bilingual city that con- He has lead many community projects and as- a chance to contribute athletically at the high- tinues to welcome newcomers from all over sisted in building education programs for the est collegiate level. Emma knows that an Air the globe, and the City of New York, believed African-American community. He also served Force Academy education will provide a solid by many to be a place of opportunity, has en- as treasurer of the Pickaway County Commu- foundation for her professional and academic abled Puerto Ricans to flourish economically, nity Foundation. pursuits. culturally and politically. Though he has proved to be an astute busi- The success that the parade enjoys each nessman that has successfully grown his Uni- f year is brought about in large measure by the versity, Dr. Smith remains first and foremost a continued efforts of a choice few individuals— man of great faith. Dr. Smith is marred to his PERSONAL EXPLANATION women and men of able leadership who be- wife Debbie, and they are the parents of two lieve, as I do, in the unbound potential of peo- sons, Douglas and Micah. ple of Puerto Rican descent. The Parade’s While serving as an administrator for Man- HON. ROBERT E. ANDREWS march up Fifth Avenue, while certainly the agement Resources Incorporated at Hope- most visible aspect of the celebration, is hard- mont Hospital in Terra Alta, West Virginia, Dr. OF NEW JERSEY ly the only event associated with the National Smith served as senior pastor of the Terra IN THE HOUSE OF REPRESENTATIVES Puerto Rican Day Parade, Inc.’s activities. Alta Wesleyan Church and was Assistant Su- Each year more than 10,000 people attend a perintendent for the West Virginia District. He Wednesday, June 15, 2011 variety of award ceremonies, banquets and has published scores of articles for profes- Mr. ANDREWS. Mr. Speaker, on rollcall No. cultural events that strengthen the special re- sional and church organizations, and coau- 417 for H.R. 2055, I am not recorded because lationship shared by Puerto Ricans and the thored ‘‘Leading a Change in Your World’’ with I was absent. Had I been present, I would City of New York. Larry Lindsay. have voted ‘‘aye.’’ Mr. Speaker, the National Puerto Rican Day Dr. Smith graduated with a Bachelor of the Parade is an experience unlike any other. It Arts degree from Hobe Sound Bible College in On rollcall No. 418 for H.R. 2055, I am not signals to all who witness it that the Puerto West Palm Beach, Florida. He attended Kan- recorded because I was absent. Had I been Rican community, both in New York and na- sas University’s Graduate School, and grad- present, I would have voted ‘‘aye.’’ tionally, represents an exquisite tapestry of in- uated with a Master of Science degree in col- On rollcall No. 419 for H. Res. 300, I am not dividuals. Its power can be seen on the faces lege teaching from Northeastern State Univer- recorded because I was absent. Had I been and heard in the streets, as millions come to- sity. In 1995, he graduated from West Virginia present, I would have voted ‘‘nay.’’ gether to joyously proclaim their heritage. And University with a Doctor of Education degree,

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.023 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS June 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1105 with a dissertation titled: ‘‘The Role of the Col- national Union (UFCW) Local 881. For nearly ‘‘CAN WE AFFORD THE MILITARY lege President.’’ Later, he completed Harvard five decades, Ron has dedicated his life’s BUDGET?’’ University’s Institute of Educational Manage- work to the American Labor Movement and ment for Executive Management. has been able to touch the lives of countless HON. BARNEY FRANK I appreciate Dr. Smith for taking the time to workers, families, and communities across the OF MASSACHUSETTS be with us today, and thank him for his nation. In honor of Ron’s fifty years of service, IN THE HOUSE OF REPRESENTATIVES thoughtful prayer and the kind words he a celebratory reception will be held on June shared. 16, 2011, at Gibson’s Steakhouse in Chicago, Wednesday, June 15, 2011 f Illinois. Mr. FRANK of Massachusetts. Mr. Speaker, SALUTING SERVICE ACADEMY Ronald Powell began his career with the a leading conservative policy analyst, Bruce STUDENTS—CHRISTOPHER GOR- UFCW in 1961 when he was hired on as a Bartlett, on June 14th published a compelling analysis of the great disparity that exists in DON Field Representative for Local 881. Because military spending in the world as a percentage of his true dedication and strong leadership of gross domestic product. Building on the skills, he was promoted in 1968 to Field Staff HON. SAM JOHNSON speech Secretary of Defense Gates gave last OF TEXAS Supervisor, and was then appointed Vice week, which Mr. Bartlett correctly describes as IN THE HOUSE OF REPRESENTATIVES President/Director of Field Operations in 1973. a speech ‘‘in which he berated our allies in the Wednesday, June 15, 2011 In 1983, Ron’s hard work and success led him North Atlantic Treaty Organization for not car- to become President of Local 881. Under Mr. SAM JOHNSON of Texas. Mr. Speaker, rying their weight in terms of providing re- Ron’s leadership, Local 881 has become an sources for the common defense,’’ Mr. Bartlett I rise today to honor an extraordinary group of exemplary organization, providing exceptional young men and women who have been cho- offers a very important chart. As he notes, it service in the areas of work-site representa- shows ‘‘that in 2010, the United States spent sen as future leaders in our armed forces by tion, membership services, benefits, commu- the prestigious United States service acad- 5.4 percent of its gross domestic product on nications, and activities. emies. It is a privilege to send such a fine its military—twice as much as spent by Britain group from the third district of Texas to pursue In addition to his impressive career with and three to four times as much as most of a world-class education and serve our nation. Local 881, Ron serves as a Vice President on our NATO allies . . .’’ Mr. Bartlett notes that As we keep them and their families in our the UFCW International Executive Board, and simply talking about percentages understates prayers, may we never forget the sacrifices is a Vice President for the Illinois State AFL– the disparity between our military spending they are preparing to make while defending CIO. Ron also currently serves as a Trustee and that of the rest of the world—‘‘because our freedoms all across the globe. I am so for the UFCW Midwest Pension Benefits Fund. the United States has the world’s largest proud of each one. God bless them and God In 2010, he was appointed by Governor Pat economy, its share of world military spending bless America. Quinn to serve on the Metropolitan Pier and is outsized, accounting for 43 percent of all the military spending on Earth—six times as Today I salute Christopher Gordon, a United Exposition Authority Board. Ron is also a past much as China . . .’’ States Military Academy Appointee. Chris- member of the Board of Directors for the Inter- Mr. Bartlett correctly closes by noting that topher spent the past year at Boston Univer- national Employee Benefits Foundation and is ‘‘With polls showing declining support for the sity studying for Mechanical Engineering on an the former Chairman of the Illinois State In- war in Afghanistan and increasing talk in Con- AROTC Scholarship. He is a 2010 graduate of vestment Board. Ron’s passion and unwaver- Plano West Senior High where he played var- gress, even among Republicans, about cutting ing devotion to the UFCW and its members is the military budget,’’ it is time for us to rethink sity soccer as the goalkeeper and participated unmatched and he is to be commended. in JROTC Rifle Team. Christopher also partici- our worldwide military commitments, and find pated in Army JROTC as a platoon leader, Ron selflessly gives of his time to many ways in which we can reduce military spend- served as a member of the patriot booster charitable organizations and has been a dy- ing so that we fully protect the legitimate inter- club, and holds the rank of Eagle Scout within namic force in promoting the union’s involve- ests of the United States, but end a situation the Boy Scouts of America. Christopher as- ment in numerous civic endeavors. He has in which military spending makes impossible pires to serve his country and foster a career been a tremendous asset to the Leukemia & demands on any effort to reduce the deficit. as an officer in the Army Special Forces. Lymphoma Society and has helped to raise CAN WE AFFORD THE MILITARY BUDGET? Christopher believes that West Point leader- funds to facilitate research toward fmding a (By Bruce Bartlett) ship education will provide him with the proper cure. He also initiated fundraising campaigns Bruce Bartlett held senior policy roles in tools to learn more and more about what it is for the Jackson Park Hospital and the Little the Reagan and George H.W. Bush adminis- to be a better, more effective leader. City Foundation and is a former board mem- trations and served on the staffs of Rep- resentatives Jack Kemp and Ron Paul. f ber for the United Way of Illinois and Blue Defense Secretary Robert M. Gates gave a Cross Blue Shield of Illinois. Although Ron has speech in Brussels on Friday in which he be- RON POWELL’S 50TH ANNIVER- served the UFCW and his community with SARY WITH THE UNITED FOOD rated our allies in the North Atlantic Treaty complete dedication, it is his commitment to AND COMMERCIAL WORKERS Organization for not carrying their weight in his family that is most impressive. Ron and his terms of providing resources for the common INTERNATIONAL UNION wonderful wife, Lois, have four beloved chil- defense. ‘‘For all but a handful of allies, de- dren and twelve grandchildren. fense budgets—in absolute terms, as a share HON. PETER J. VISCLOSKY of economic output—have been chronically Mr. Speaker, I ask that you and my other OF INDIANA starved for adequate funding for a long time, distinguished colleagues join me in com- with the shortfalls compounding on them- IN THE HOUSE OF REPRESENTATIVES mending Mr. Ronald Powell as he is honored selves each year,’’ Mr. Gates said. Wednesday, June 15, 2011 for his lifetime of service and dedication to the An examination of the latest NATO data UFCW, as well as the state of Illinois, North- shows that in 2010, the United States spent Mr. VISCLOSKY. Mr. Speaker, it is with 5.4 percent of its gross domestic product on great sincerity that I take this opportunity to west Indiana, and communities nationwide. its military—twice as much as spent by Brit- honor and congratulate Ronald E. Powell, who Ron’s complete dedication and uncompro- ain and three to four times as much as most is celebrating fifty years of service with the mising loyalty are to be admired and he is of our NATO allies, as shown in the following United Food and Commercial Workers Inter- worthy of the highest praise. table. MILITARY EXPENDITURES AS A PERCENTAGE OF G.D.P. IN NATO

1985–89, 1985–89, Country average 2010 Country average 2010

U.S...... 6.0 5.4 Norway...... 2.9 1.5 Greece ...... 4.5 2.9 Czech Rep...... -- 1.4 Britain ...... 4.4 2.7 Denmark...... 2.0 1.4 Albania ...... -- 2.0 Germany...... 2.9 1.4 France ...... 3.7 2.0 Italy...... 2.2 1.4 Poland ...... -- 1.9 Netherlands...... 2.8 1.4 Turkey ...... 2.5 1.9 Romania...... -- 1.3 Estonia ...... -- 1.8 Slovak Rep...... -- 1.3

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1985–89, 1985–89, Country average 2010 Country average 2010

Bulgaria ...... -- 1.7 Belgium...... 2.7 1.1 NATO—Europe ...... 3.1 1.7 Hungary...... -- 1.1 Portugal ...... 2.5 1.6 Spain...... 2.1 1.1 Slovenia ...... -- 1.6 Latvia...... -- 1.0 Canada ...... 2.1 1.5 Lithuania...... -- 0.9 Croatia ...... -- 1.5 Luxembourg...... 0.8 0.5 North Atlantic Treaty Organization.

A crucial reason for this gap is that the personnel. All but five other NATO countries ment, with a number of countries spending United States spends almost as much today spend more—often considerably more. The less than 10 percent. as it did during the Cold War. Every other average for all NATO countries other than But what about our adversaries? Don’t we NATO country spends substantially less. the United States is 56.7 percent of their need to maintain a high level of military Secretary Gates also made another point military budgets spent on personnel, with a spending to counter the capabilities of coun- about military spending by our allies: they number of countries spending two-thirds to tries like Russia and China? spend much more on personnel and less on three-quarters. For those data, we need to look to a dif- equipment than the United States. ‘‘The re- ferent source. According to the latest year- sult is that investment accounts for future Consequently, there is little money left book from the Stockholm International modernization and other capabilities not di- over for equipment. The United States Peace Research Institute, the standard non- rectly related to Afghanistan are being spends 24.2 percent of its military budget on classified source, Russia spent 4.3 percent of squeezed out—as we are seeing today over equipment and only five NATO countries its G.D.P. on military outlays in 2009, down Libya,’’ he cautioned. spend more. The average for all NATO coun- from 15.8 percent in 1988; China spent just 2.2 According to NATO, the United States tries other than the United States is 16.7 per- percent of its G.D.P. on the military budget, spends 46.7 percent of its military budget on cent of military spending going to equip- about the same as it has been since 1989. MILITARY SPENDING IN SELECTED NON-NATO COUNTRIES, 2009

Spending (mil- Spending (mil- Country lions, $U.S.) % of G.D.P. Country lions, $U.S.) % of G.D.P.

Australia ...... 18,963 1.9 Japan...... 51,008 1.0 China ...... 110,100 2.2 South Korea ...... 24,372 2.9 Cuba ...... 2,249 n/a Libya (2008) ...... 1,100 1.2 Egypt ...... 4,017 2.1 Pakistan...... 5,039 2.8 India ...... 35,819 2.8 Russia...... 53,300 4.3 Iran (2008) ...... 7,044 1.8 Saudi Arabia ...... 41,273 11.2 Israel ...... 12,373 6.3 United States ...... 668,604 4.7 Stockholm International Peace Research Institute.

The institute notes that the United States Mr. LANGEVIN. Madam Chair, I rise today who are continuing to feel the effects of the accounted for virtually all of the increase in in strong opposition to the FY12 Agriculture recession. world military spending in 2010. Appropriations Bill. This measure does not re- And because the United States has the f world’s largest economy, its share of world flect the needs of our constituents, nor the val- military spending is outsized, accounting for ues of our esteemed body. HONORING LOVIE MAE KAZEE 43 percent of all the military spending on In Rhode Island, we have the third highest Earth—six times as much as China, which unemployment rate in the nation, and during HON. EDDIE BERNICE JOHNSON has the world’s second largest military budg- the past several years our families have dealt OF TEXAS et and accounts for 7.3 percent of world mili- with job losses, higher food prices, and turmoil IN THE HOUSE OF REPRESENTATIVES tary spending. Russia accounts for just 3.6 in the housing market. percent. I have made many visits to the Rhode Is- Wednesday, June 15, 2011 With polls showing declining support for land Community Food Bank and have seen Ms. EDDIE BERNICE JOHNSON of Texas. the war in Afghanistan and increasing talk the great work they and many other wonderful in Congress, even among Republicans, about Mr. Speaker, I rise today in recognition of Ms. cutting the military budget, it appears cer- organizations in our state do to help our fami- Lovie Mae Kazee who will turn 95 on July 1, tain that the Defense Department is going to lies. I have spoken with the working families 2011. be downsized and our foreign military com- who are not proud to accept this assistance, Ms. Lovie Mae Walker Kazee was born July mitments scaled back in coming years. but have no better option and need to use all 1, 1916 to Bob and Gertie Walker in Hearne, This is going to require serious rethinking resources available to feed their children. Texas. She married Lueranze Kazee on No- of what we perceive to be our strategic That is why I am disappointed that this vember, 3, 1932 in Marland, Texas. They threats and whether the United States can measure includes $2 billion less than the moved to Dallas in 1944, where she began continue to afford to be the world’s peace- President’s request for the Supplemental Nu- work as the housekeeper and nanny for The keeper. trition Assistance Program, or SNAP. This Richard Gump family. She served in that ca- f measure also cuts the Emergency Food As- pacity for over 50 years. She retired in 1997 AGRICULTURE, RURAL DEVELOP- sistance Program, or TEFAP, by $12 million. While my colleagues in the majority have to care for her ailing husband who passed MENT, FOOD AND DRUG ADMIN- away in 1999 after 67 and a half years of mar- ISTRATION, AND RELATED touted cuts in this bill that are fiscally respon- sible, I would like to highlight what would hap- riage. AGENCIES APPROPRIATIONS To this union 10 children, 27 grandchildren, ACT, 2012 pen if we cut and not maintain these pro- grams. 78 great grandchildren, 138 great great grand- children and 3 great great great grandchildren SPEECH OF Four years ago, the Rhode Island Commu- nity Food Bank served 80,000 SNAP bene- have been born. She is blessed to have 5 HON. JAMES R. LANGEVIN ficiaries. This month, they are serving 162,000 generations of heirs celebrating her birth. OF RHODE ISLAND Rhode Islanders. Ms. Lovie attributes her longevity to living a IN THE HOUSE OF REPRESENTATIVES Four years ago, they served 30,000 Rhode faithful Christian life, putting God first in all Tuesday, June 14, 2011 Islanders through TEFAP. Now they serve that she does, never drinking alcohol, nor 60,000. smoking and remaining physically active. The House in Committee of the Whole If these funding levels are signed into law, Ms. Lovie has never been sick and remains House on the State of the Union had under the impact to the Rhode Island families most an active member of Dallas West Church of consideration the bill (H.R. 2112) making ap- propriations for Agriculture, Rural Develop- affected by the economic downturn will be Christ. She is the last of the original eight ment, Food and Drug Administration, and devastating. founding members of the congregation, which Related Agencies programs for the fiscal I urge my colleagues to vote against this was started in 1947 and presently meets at year ending September 30, 2012, and for other measure, and support legislation that reflects 3510 North Hampton Road, Dallas, Texas. purposes: the needs of our constituents and communities Elder Sam Berry is the ministering servant.

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.030 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS June 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1107 Mr. Speaker, I rise today in recognition of IN RECOGNITION OF THE MARINES tion. For the last century, IBM has been on the Ms. Lovie Mae Kazee who turns 95 next OF MOTOR TRANSPORT MAINTE- cutting edge of collecting, quantifying and ana- month and I encourage my colleagues to join NANCE COMPANY lyzing information and has served as a bright me in this effort and celebration. example of American ingenuity. In 2010 alone, f HON. DORIS O. MATSUI IBM received 5,896 U.S. patents, the 18th consecutive year it has topped the list of the AGRICULTURE, RURAL DEVELOP- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES world’s most inventive company. MENT, FOOD AND DRUG ADMIN- In addition to IBM’s long history of techno- ISTRATION, AND RELATED Wednesday, June 15, 2011 logical innovations and computing, the Cor- AGENCIES APPROPRIATIONS Ms. MATSUI. Mr. Speaker, I rise today to poration has a rich history of community serv- ACT, 2012 honor the Marines and Inspector-Instructor ice, which needs to be recognized. Thomas SPEECH OF Staff of the Motor Transport Maintenance Watson founded IBM with the purpose of not Company as they gather for a welcome home only attaining profits, but also with the goal of HON. MARCY KAPTUR ceremony in Sacramento. I ask all my col- creating a socially responsible organization OF OHIO leagues to join me to recognize the dedication that aided its local community. Through its im- IN THE HOUSE OF REPRESENTATIVES that each of these men and women have pressive contributions, I believe IBM has hon- Tuesday, June 14, 2011 shown for their country. ored the goals set out by Mr. Watson. Since 2008, this Motor Transport Mainte- For example, to celebrate their centennial, The House in Committee of the Whole House on the State of the Union had under nance Company, also known as MTM Com- members of IBM’s staff donated more than 2.5 consideration the bill (H.R. 2112) making ap- pany, has served over 51,000 days of oper- million hours of skills based volunteering in propriations for Agriculture, Rural Develop- ational support in the Iraq theater. They have more than 120 countries over the past several ment, Food and Drug Administration, and done this by conducting motor transport main- months. More astoundingly, IBM recently sur- Related Agencies programs for the fiscal tenance, force sustainment, administrative, passed more than thirteen million hours of year ending September 30, 2012, and for other supply, and training support to thousands of service to our country and the world. In addi- purposes: Joint Forces troops in theater. The men and tion to skills-based donations, IBM has also Ms. KAPTUR. Mr. Chair, in the Appropria- women of MTM Company displayed honor, delivered hundreds of new service grants to tions Committee, the majority accepted an courage, commitment, and teamwork, traits support employees’ volunteer activities. amendment I offered to restore $1.3 million for that we have come to expect from those that IBM provides an exceptional model of a cor- the Rural Energy for America program. This serve in our nation’s military. poration that exemplifies what it means to be amendment would place another $1 million Over the last decade our nation’s military a civically responsible organization, and I ap- back into the program and put the full House Reservists have been mobilized to an unprec- plaud how IBM has chosen to celebrate their of Representatives on record in support of al- edented scale. The Marines of the MTM Com- Centennial. ternative energy in agriculture. pany have been no exception. One hundred I’m proud to have IBM headquartered in my While we continue to incentivize the agri- seventy-three members of this unit have been home State of New York. I look forward to wit- culture of yesterday, we are blindly ignoring deployed overseas in support of U.S. oper- nessing the technological innovations and vol- the cries of rural America as it attempts to ations since 2008. Forty-six have been de- unteerism that I know will continue to flow transform itself to meet the growing energy ployed twice to Iraq in support of Operation from IBM in their next 100 years of business. needs of a new century. For the first time, the Iraqi Freedom or Afghanistan as part of Oper- [From Democrat and Chronicle.com, June 15, 2008 farm bill took a different tack. By invest- ation Enduring Freedom. Another fourteen 2011] ing over $1 billion in alternative energy, this have been deployed to Iraq or Afghanistan AFTER 100 YEARS, INNOVATION REMAINS KEY House recognized that alternative energy is in- three times over the last four years. TO IBM’S SUCCESS extricably linked with the success of American The Marines of MTM Company drill at the (By Sarah Bradshaw) agriculture. Marine Corps Reserve Center Sacramento. Cellphone 3–D imaging. Batteries powered While two critical amendments were accept- They have left their mark across the nation by air. Reusing supercomputer-generated ed during full committee consideration of the and across the world. They have provided first heat to power air conditioners. Agriculture Appropriations bill, limits on pay- class support to their fellow Marines regard- These aren’t the stuff of science fiction, ments for rich farmers and cotton payouts for less of the hardships they faced or challenges but the innovations that International Busi- ness Machines Corp.—which celebrates its Brazil, the Rules Committee chose not to pro- that they have had to overcome. tect these provisions on the floor but instead 100th anniversary Thursday—is aiming for as The Marines of the MTM Company, called it begins its second century. to protect unprecedented cuts to the energy up from their civilian lives to serve their nation, The Westchester County-based provider of title of the farm bill that by the same logic have spent a great deal of time away from computer services received 5,896 U.S. patents should be subject to a point of order. their families, often at extraordinary personal in 2010, marking the 18th consecutive year it Why has the House protected the Appro- sacrifice. We must thank and acknowledge the topped the list of the world’s most inventive priations Committee’s raid on the mandatory families and friends of these Marines who companies. funds for the Rural Energy for America Pro- stood by them while they were deployed. Their This is the company whose engineers and scientists developed many of the building gram but derailed amendments accepted in sacrifices, along with the sacrifices of their the full committee? The answer is simple, de- blocks of modern information technology, loved ones, should not be lost on Congress or including the memory chip, the mainframe, fending a transformation in agriculture is less on each of our constituents. the personal computer and even new fields of important than protecting the status quo. Mr. Speaker, I ask my colleagues to join me mathematics. At a time when USDA has made important in extending my sincere thanks for a job well IBM is a notable part of the Rochester-area reforms to REAP and has finally begun to im- done and welcome home wishes to the men economy, operating a 190,000-square-foot plement requirements of the 2008 farm bill, and women of the Motor Transport Mainte- data center in Greece that employs 550 peo- now is not the time to back down. 100 years nance Company and all Marines that have ple at the Canal Ponds Business Park. The company is in the midst of a $40 million up- from now, we will look back and realize that it been called to serve. was the energy title of the farm bill that in- grade of that facility over the next couple of f years. spired innovation in agricultural America, not IBM also has given more than $1.75 million subsidy programs that reward practices of 100 YEAR ANNIVERSARY OF THE over the past decade to the University of yesterday. The Rural Energy for America Pro- INTERNATIONAL BUSINESS MA- Rochester and nearly $500,000 to Rochester gram recognizes the plea from American’s CHINES (IBM) CORPORATION Institute of Technology in the form of IBM rural small businesses and agricultural com- Faculty Awards and Shared University Re- munity and rewards innovation by investing in HON. TOM REED search Awards. In 2008, IBM also opened a software Innovation and Collaboration Lab a future based on innovation. OF NEW YORK I commend Representatives FORTENBERRY at RIT. IN THE HOUSE OF REPRESENTATIVES Research and development has been a and WALZ for offering an amendment to re- Wednesday, June 15, 2011 major component of IBM. The company store funds for the REAP program and look spent $5.8 billion on R&D in 2009, more than forward to working with my colleagues as we Mr. REED. Mr. Speaker, I rise today to cele- Apple Inc., Cisco Systems Inc. or GoogleInc. continue to fight on for this program as the bill brate the 100 year anniversary of the Inter- Last year, it raised its R&D spending to $6 moves toward conference. national Business Machines (IBM) Corpora- billion.

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.032 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS E1108 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2011 In its 100-year history, IBM’s trans- IRAN’S ONGOING EFFORTS TO ‘‘Tehran has upped the level of technical formations and technological breakthroughs ASSIST THE SYRIAN REGIME support and personnel support from the Ira- have been significant. First came time nian Republican Guard to strengthen Syria’s clocks and typewriters, and eventually ability to deal with protesters,’’ the dip- supercomputers that have helped Russian HON. HOWARD L. BERMAN lomat said, adding that the few hundred per- railways move freight and passengers, pre- OF CALIFORNIA sonnel were not involved in any physical op- vented tax fraud in the United States and IN THE HOUSE OF REPRESENTATIVES erations. ‘‘Since the start of the uprising, monitored the health of premature babies in Wednesday, June 15, 2011 the Iranian regime has been worried about Toronto. losing its most important ally in the Arab On April 7, 1964, then-Chairman Thomas J. Mr. BERMAN. Mr. Speaker, I rise to draw world and important conduit for weapons to Watson Jr. introduced a new generation of attention to Iran’s ongoing efforts to assist the Hezbollah [in Lebanon],’’ the diplomat said. computing equipment—the System/360—that Syrian regime in violently suppressing peace- Last month White House officials made would revolutionize the way the world proc- ful protestors. similar allegations about Iranian assistance essed information. I submit the articles ‘‘Iran Helping Syrian for the regime, particularly in terms of Watson, son of legendary IBM leader Regime Crack Down on Protestors, Say Dip- intercepting or blocking internet, mobile Thomas J. Watson Sr., called the event the lomats,’’ printed in the May 9, 2011, Guardian, phone and social media communications be- most important product announcement in tween the protesters and the outside world. and ‘‘Iran Reportedly Aiding Syrian Crack- But the officials did not provide hard evi- company history. ‘‘The result will be more down,’’ printed in the May 27, 2011, Wash- computer productivity at a lower cost than dence to support their claims. ever before,’’ he said. ington Post. Activists and diplomats claim Iran’s as- Press reports indicate that Iran is playing an sistance includes help to monitor internet System/360 succeeded IBM’s earlier 700 se- communications such as Skype, widely used ries, which did not have hard drive space but active role in helping Syrian President Bashar by a network of activists, methods of crowd instead used magnetic tape as memory. The al-Assad brutally crackdown on peaceful de- control, and providing equipment such as ba- 700 series was used for specific purposes, mocracy protestors. As the Washington Post tons and riot police helmets. while System/360 were general purpose com- reports, ‘‘Iran is dispatching increasing num- Syria has denied seeking or receiving as- puters with interchangeable parts and soft- bers of trainers and advisers—including mem- sistance from Iran to put down the unrest. In ware. bers of its elite Quds Force—into Syria to help a statement issued on Friday, Iran’s foreign System/360 was a $5 billion bet to create crush anti-government demonstrations that are ministry stressed Syria’s ‘‘prime role’’ in op- something unprecedented, said Bernie threatening to topple Iran’s most important ally posing Israel and the U.S., and urged oppos- Meyerson, vice president for innovation at in the region.’’ ing forces in the country to compromise on IBM. ‘‘If System/360 had failed, there’s a high Syrians have witnessed an increase in ar- political reform. U.S. policy towards Syria probability that there wouldn’t be an IBM,’’ was based on ‘‘opportunism in support of the he said. rests, and door-to-door raids, similar to those that helped to crush Iran’s Green Movement Zionist regime’s avarice’’, it said. But the gamble paid off. In 1989, 25 years The Assad family, from the Shia Muslim after Watson introduced it, products based protests in 2009. minority Alawite sect, is likely to be nerv- on System/360’s architecture accounted for Human rights groups suggest that more ous about appearing to be helped by its Shia- more than half the company’s revenue. than 7,000 people have been detained since dominated ally to crush protesters drawn Pat Meaney is a senior technical staff the uprising began. And more than 1100 peo- from the 75% Sunni population. member at IBM in Poughkeepsie, Dutchess ple are said to have died. Regime forces backed by tanks were in ac- County, with 25 years of experience at Big Mr. Speaker, Iran is terrified that it is about tion over the weekend in Horns, in the town Blue, which means he has seen his fair share to lose its most important ally in the Arab of Tafas north of Deraa, and in the coastal of changes in technology. world—they will do everything in their power to city of Banias, activists said. Violence was ‘‘It’s amazing how many changes happened prevent that from happening. It appears that also reported in the Damascus dormitory town of Zabadani. during my career,’’ said Meaney, 47. ‘‘When I human life holds no value to the leaders in look back, there was trepidation, but they Along with arbitrary detentions, shootings turned out good.’’ Damascus and Tehran. have continued. I encourage all of my colleagues to read Meaney was encouraged to explore his in- Razan Zeitouneh, a lawyer in the capital terests within the corporation. His duties these articles and follow this development who is monitoring the protests, said four today include working on the reliability of closely. The Congress must continue to put women were shot dead in the village of the System Z mainframe memory. In 1986, pressure on Syria and Iran so that freedom, Merqeb, close to Banias, and six men were after graduating from Clarkson University, respect for human rights and democracy can shot dead in Banias on Saturday. he was hired by IBM as a logic designer, and emerge in both nations. IRAN REPORTEDLY AIDING SYRIAN CRACKDOWN focused on frequency timing. His interest [The Guardian, May 9, 2011] [From the Washington Post, May 27, 2011] quickly became how to make sure the ma- IRAN HELPING SYRIAN REGIME CRACK DOWN U.S. officials say Iran is dispatching in- chine never goes down. ON PROTESTERS, SAY DIPLOMATS creasing numbers of trainers and advisers— ‘‘It’s always exciting,’’ he said. ‘‘If you are Iran is playing an increasingly active role including members of its elite Quds Force— going to work 40-plus hours a week, make in helping the Syrian regime in its crack- into Syria to help crush anti-government sure it’s something you like to do.’’ down on pro-democracy protesters, according demonstrations that are threatening to top- Meaney has submitted 60 patents since to western diplomatic sources in Damascus. ple Iran’s most important ally in the region. 1995, with 40 approved patents and is a mem- The claim came as Syria’s security forces The influx of Iranian manpower is adding ber of the patent review board. backed by tanks intensified operations to to a steady stream of aid from Tehran that He said that for the next generation of suppress unrest in three new flashpoint includes not only weapons and riot gear but IBMers, ‘‘The thing to look at is the trends towns on Sunday and it was confirmed that also sophisticated surveillance equipment technology is taking. As you look to the fu- four women had been shot dead in the first that is helping Syrian authorities track ture, there are always things that look like use of force against an all-female demonstra- down opponents through their Facebook and roadblocks. They look like they will hinder tion. Twitter accounts, the sources said. Iranian- us, but we challenge ourselves to get around A senior western diplomat in Damascus ex- assisted computer surveillance is believed to them.’’ panded on assertions, first made by White have led to the arrests of hundreds of Syr- ians seized from their homes in recent THE BUILDER House officials last month, that Iran is ad- vising president Bashar al-Assad’s govern- weeks. Thomas J. Watson Sr., the legendary and ment on how to crush dissent. The United States and its allies long have controversial president of IBM from 1914 to The diplomat pointed to a ‘‘significant’’ in- accused Iran of supporting repressive or vio- 1956, oversaw the company’s growth into an crease in the number of Iranian personnel in lent regimes in the region, including Syria’s international force. He had strong ties to up- Syria since protests began in mid-March. government, the Hezbollah movement in state. Born in Campbell, Steuben County, he Mass arrests in door-to-door raids, similar to Lebanon and Hamas in the Gaza Strip. Many worked in Painted Post, Buffalo and Roch- those that helped to crush Iran’s ‘‘green rev- previous reports, mostly provided by West- ester. While in Rochester, starting in 1900, he olution’’ in 2009, have been stepped up in the ern officials, have described Iranian tech- was a salesman for National Cash Register, past week. nical help in providing Syria with riot hel- using ruthless tactics against competitors Human rights groups suggest more than mets, batons and other implements of crowd and making such an impression on corporate 7,000 people have been detained since the up- control during 10 weeks of demonstrations headquarters in Dayton, Ohio, that he was rising began. More than 800 people are said against President Bashar al-Assad. transferred there. to have died, up to 50 during last Friday’s The new assertions—provided by two U.S. In 1914, Watson was brought in to run the ‘‘day of defiance’’. Last night two unarmed officials and a diplomat from an allied na- Computing-Tabulating-Recording Co. in New demonstrators were reportedly killed during tion, all of whom spoke on the condition of York City, three years after its founding. In a night rally in the eastern city of Deir al- anonymity to describe sensitive intel- 1924, it was renamed IBM. Zor. ligence—are clearly aimed at suggesting

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.035 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS June 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1109 deepening involvement of Iranian military the current wave of civil unrest since at After the demise of the passenger railroad, personnel in Syria’s brutal crackdown least mid-March, said the U.S. and allied of- the area still thrived with the construction of against anti-Assad demonstrators.There was ficials. The emergence of Syria’s first true the Golden Gate Bridge and the rise of the no response on Friday to requests for com- mass protests—with tens of thousands of ment left with the Syrian Embassy and Ira- demonstrators pouring into the streets de- automobile. Boyes Springs real estate man nian interests section in Washington. manding Assad’s ouster—initially L.E. ‘‘Bud’’ Castner was one of the first direc- In the account provided by the diplomat flummoxed the country’s security leaders, tors of the Golden Gate Bridge District. and the U.S. officials, the Iranian military who had little experience with such phe- In the 1960s, as the resorts faded, Boyes trainers were being brought to Damascus to nomena. Hot Springs faded a bit as well. Community instruct Syrians in techniques Iran used On March 23, Turkish officials seized light pride, however, never waned. The area be- against the nation’s ‘‘Green Movement’’ in weapons—including assault rifles and gre- came attractive in the 1980s and 1990s to 2009, the diplomat said. The Iranians were nade launchers—on an Iranian cargo plane home buyers who were priced out of the Bay brutally effective in crushing those protests. bound for Syria. Whether the shipment was Officers from Iran’s notorious Quds Force intended to help suppress the uprising is un- area market. Attracted by its rural charm, they have played a key role in Syria’s crackdown clear, but around the same time, Syria re- purchased its large stock of charming cottages since at least mid-April, said the U.S. and al- ceived other Iranian shipments that included to rehabilitate. At the same time, the popu- lied officials. They said U.S. sanctions im- riot control gear and computer equipment lation of Mexican immigrants grew, attracted posed against the Quds Force in April were for Internet surveillance, the U.S. and allied principally by the grape growing and wine implicitly intended as a warning to Iran to sources said. halt the practice. businesses. Just before the shipments, Assad an- To old timers and new residents alike, the The Quds Force is a unit of Iran’s Islamic nounced with great fanfare that he was lift- Revolutionary Guard Corps responsible for ing the country’s ban on the use of social post office is the center of the community. operations outside the country. It has helped media such as Facebook and YouTube. While Since most of the surrounding streets receive fund and train Hezbollah and Hamas mili- widely hailed at the time, the move gave no mail delivery, residents make a daily trip to tants and supported anti-U.S. insurgents in- Assad’s security police an Iranian-inspired the post office where they catch up on the lat- side Iraq. tool for tracking down leaders of the protest While the size of the Iranian contingent in est local news with their friends and neigh- movement, said Andrew Tabler, a former Syria is not known, the numbers of advisers bors. The immigrant population relies on it for Syria-based journalist who is a Syria expert has grown steadily in recent weeks despite communication with their families back home. at the Washington Institute for Near East U.S. warnings, according to the U.S. and al- The postal workers are personally known to Policy. lied officials. ‘‘Lifting the ban on Facebook helped the all, a part of the broader community family. The Obama administration mentioned the regime pinpoint where the [activists] were Mr. Speaker, the community is hosting a role of the Quds Forces in announcing two coming from,’’ Tabler said in an phone inter- celebration to honor this anniversary. In the sets of sanctions imposed against Syrian government officials in the past month. A view from Lebanon, where he remains in con- words of one of the organizers, Michael Acker White House executive order last week that tact with opposition figures. ‘‘It was not of the Springs Community All, it will ‘‘salute targeted Assad and six other top government about being magnanimous; it was a way to the past, show appreciation for service, and officials also included a little-noticed ref- allow more surveillance, leading to thou- look to the future with hope.’’ Please join us in sands of arrests.’’ erence to Mohsen Chizari, an Iranian mili- honoring the centennial of the Boyes Hot tary officer who is the No. 3 leader in the f Springs Post Office. Quds Force in charge of training. The naming of Chizari—who in 2006 was ar- HONORING THE BOYES HOT f rested but later released by U.S. forces in SPRINGS POST OFFICE Iraq for allegedly supplying arms to insur- AGRICULTURE, RURAL DEVELOP- gents there—suggests that officials possess HON. MIKE THOMPSON MENT, FOOD AND DRUG ADMIN- ISTRATION, AND RELATED evidence of his role in assisting Syria’s OF CALIFORNIA crackdown on protesters, said Michael AGENCIES APPROPRIATIONS IN THE HOUSE OF REPRESENTATIVES Singh, a former senior director for Middle ACT, 2012 East affairs for the National Security Coun- Wednesday, June 15, 2011 cil during George W. Bush’s administration. SPEECH OF ‘‘There’s a deeply integrated relationship Mr. THOMPSON of California. Mr. Speaker, here that involves not only support for ter- I rise today with my colleague, Representative HON. JOHN B. LARSON rorism but a whole gamut of activities to en- LYNN WOOLSEY, to honor the 100th birthday of OF CONNECTICUT sure Assad’s survival,’’ Singh said. an important community institution, the Boyes It is not unusual for governments to draw Hot Springs Post Office. On July 8, 1911, the IN THE HOUSE OF REPRESENTATIVES on foreign assistance during times of unrest, Sonoma Index Tribune reported that ‘‘A.D. Tuesday, June 14, 2011 as Western-allied governments in Bahrain Graham of Graham’s Cash Store received the The House in Committee of the Whole and Egypt did when protests were building in appointment as post master of Boyes Springs. those countries. House on the State of the Union had under Iran’s increasing engagement in the Syrian Located at his store.’’ consideration the bill (H.R. 2112) making ap- crackdown reflects anxiety in Tehran about The store, lost in a 1923 fire along with propriations for Agriculture, Rural develop- the prospects for Assad, who has failed to most of the town, was near the train depot at ment, Food and Drug Administration, and end the protests despite rising brutality that Boyes Boulevard and the Sonoma Highway Related Agencies programs for the fiscal human rights groups say has left more than (Hwy 12). After rapid rebuilding, the post office year ending September 30, 2012, and for other 800 people dead and perhaps 10,000 in prison. was located in the Woodleaf Store (now a purposes: While managing to hold on to power, Assad diner that is part of the Sonoma Mission Inn) Mr. LARSON of Connecticut. Mr. Chair, I has been severely weakened after months of until 1951, when its current site was built at rise today in support of fully funding the Syrian unrest, according to current and CFTC. former U.S. officials and Middle East ex- the Plaza Center at Boyes Boulevard and perts. Sonoma Highway. According to Gene Guilford, Executive Di- ‘‘Iran is focused intently on how things are This site, previously known as the Boyes rector of the Independent Connecticut Petro- evolving in Syria,’’ said Mona Yacoubian, a Springs Plaza, had been the scene of street leum Association, and former Reagan Energy former Middle East expert with the State parties and fiestas. Now, redevelopment plans Department Presidential appointee, gas prices Department’s intelligence division and who include a public plaza in the surrounding should be $2.50. He goes on to say that 15 is a special adviser to the U.S. Institute of space, reviving it as a place for celebration. to 20 percent of the price of a barrel of oil is Peace. ‘‘The two countries have a long- Boyes Hot Springs has a lively history, inte- due to pure speculation. standing alliance of 30 years-plus. Syria is Iran’s most important inroad into the Arab gral to the fabric of the Sonoma Valley. For- Even big oil executives agree, Exxon Mobil world, and its perch on the front line with merly the center of a great resort area, it CEO and President Rex Tillerson recently tes- Israel.’’ hosted thousands of visitors during its heyday. tified that the price of a barrel of oil without Assad, whose army is stretched across doz- There were dozens of resorts, from small speculation should be between $60 and $70. ens of cities in an unprecedented domestic motor courts to the grand Sonoma Mission According to an April 2011 analysis by Gold- deployment, increasingly needs help to sur- Inn. The Boyes Bath House boasted the sec- man Sachs, unregulated speculation adds vive, Yacoubian said. And Iran desperately ond largest indoor swimming pool in the coun- over $20 per barrel to the price of oil. needs Assad. ‘‘If they lose the Syrian regime, it would constitute a huge setback,’’ try. And, for many years, the area was a train- In my home state of Connecticut, 4 million Yacoubian said. ing ground for professional football and base- gallons of gas are sold a day. That means Iran, a longtime supplier of military aid to ball teams such as the Cleveland Browns and every day my constituents are spending an Syria, has been helping Dasmascus battle the San Francisco Seals. extra $6 million for speculation. In this fragile

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A15JN8.038 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS E1110 CONGRESSIONAL RECORD — Extensions of Remarks June 15, 2011 economic time, I can think of many other im- IN RECOGNITION OF THE SAILORS Operations Support Center Sacramento are portant things Connecticut families can spend MOBILIZED FROM THE NAVY Reservists, called up to serve their nation. $6 million to buy instead of paying to support OPERATIONAL SUPPORT CENTER They have spent a great deal of time away the greed of over speculations. With consist- SACRAMENTO from their families, often at extraordinary per- ently some of the highest gas prices in the na- sonal sacrifice. For this reason, we must also tion, Connecticut deserves better. HON. DORIS O. MATSUI thank and acknowledge the families and friends of these Sailors who stood by them One of the ways to reduce the price of gas OF CALIFORNIA while they were deployed. Their sacrifices, is to end excessive speculation. The CFTC IN THE HOUSE OF REPRESENTATIVES along with the sacrifices of their loved ones, has a job to protect American consumers and Wednesday, June 15, 2011 should not be lost on Congress or our con- through the Wall Street Reform legislation Ms. MATSUI. Mr. Speaker, I rise today to stituents. passed last Congress, they were tasked with honor the men and women of the Maritime Ex- Mr. Speaker, I ask my colleagues to join me implementing rules the market has to follow in- peditionary Security Squadron 9, Naval Mobile in extending my sincere thanks for a job well cluding ending excessive speculation and set- Construction Battalion 18, Detachment 0818 done, and welcome home to the men and ting position limits. and other mobilized Sailors from the Navy women of Maritime Expeditionary Security Operational Support Center Sacramento, as To carry these regulatory protections out, Squadron 9, Naval Mobile Construction Bat- they gather for a welcome home ceremony. I the CFTC needs funding. Republicans have talion 18, Detachment 0818 and all Naval Re- ask all my colleagues to join with me and rec- not only written language to delay implementa- servists that have been called to serve. ognize the dedication that each of these men tion of these protections, but now in the FY12 and women have shown their country. Appropriations bill they put forth legislation to Since 2008, 215 Sailors have been de- f cut the budget by 15 percent, 44 percent ployed to Iraq in support of Operation Iraqi IBM CENTENNIAL DAY under the President’s request. This is uncon- Freedom, to Afghanistan as part of Operation scionable, especially when CFTC is doing a Enduring Freedom, and across the world in good job. support of U.S. operations. These men and HON. NAN A.S. HAYWORTH Less than a month ago, the CFTC charged women have displayed the honor, courage, OF NEW YORK 5 oil speculators with manipulating the price of commitment, and teamwork that we have IN THE HOUSE OF REPRESENTATIVES come to expect from those that serve in our crude during the record high gas prices in the Wednesday, June 15, 2011 summer of 2008. The Republican funding cut military. to the CFTC sends a strong message to the Maritime Expeditionary Security Squadron 9, Ms. HAYWORTH. Mr. Speaker, I rise today industry to continue the status quo. Not only also known as MSRON 9, provided over to recognize the largest employer in New 18,000 days of operational support to protect will the cut prevent the agency from hiring the York’s 19th Congressional District, IBM, on the the Al Basrah Oil Terminal, which lies just off- technical experts needed to implement new 100th anniversary of their founding. IBM em- shore of the Iraqi coast. The oil terminal is one regulations, but will also reduce the overall ployees, retirees, partners, and clients within of the most important assets to the people of the Lower Hudson Valley and around the size from 670 employees to under 600 em- Iraq, accounts for over 85 percent of Iraq’s ployees. world are hosting an IBM Centennial Day of gross domestic product, and is key to the Service to donate their time, skills, and exper- When President Bush left office, the CFTC country’s future. For nearly a year, MSRON 9 tise to support our communities. provided vigilant security for the facility, and oversaw a $40 trillion market. Today, the Since 2003, IBM employees have donated without their presence the people of Iraq CFTC is tasked with overseeing a $300 trillion more than 13 million hours of service around would not have experienced much of the sta- market. This is a 650 percent increase in the the world in over 120 countries. Within the last bility they have seen in recent years. CFTC’s responsibility, but at the same time six months alone, IBM volunteers have con- In Afghanistan, Naval Mobile Construction their budget has only increased by 15 percent. tributed over 2.5 million hours to service in be- It is irresponsible to take away funding leaving Battalion 18, Detachment 0818 provided over 16,000 days of operational support building half of worthy causes, including teaching math the agency stretched far too thin and inad- and science to middle school students; men- equately prepared to deal with our ever more schools, airfields, electrical infrastructure, and other such facilities across the country. Facing toring young Uruguayans from impoverished intricate market. Wall Street spent $34 million neighborhoods; and coaching hundreds of last quarter lobbying Congress in order to pre- constant danger, they have brought hope and modern infrastructure to many Afghanis. One small business entrepreneurs in Nigeria. vent implementation of new regulations, and it Sailor, UT1 Ronald Christopher Marquart, was $12 million in service grants are also being looks like their efforts have paid off. hit by rocket shrapnel while working at distributed as part of the IBM Centennial Day The health of our economy is no game. I Kandahar Airfield and was awarded a Purple of Service, and I commend both IBM and its am outraged by the actions of my colleagues. Heart. thousands of dedicated and talented employ- I support my amendment to fully fund the All of the Sailors of MSRON 9, NMCB 18, ees for their generosity. CFTC and reject this appropriations bill. and the subordinate commands at the Naval

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A15JN8.040 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS June 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1111 SENATE COMMITTEE MEETINGS Judiciary JUNE 23 Title IV of Senate Resolution 4, Crime and Terrorism Subcommittee 9:30 a.m. To hold hearings to examine cybersecu- Agriculture, Nutrition, and Forestry agreed to by the Senate on February 4, rity, focusing on evaluating the Ad- 1977, calls for establishment of a sys- To hold hearings to examine farm bill ac- ministration’s proposals. countability, focusing on the impor- tem for a computerized schedule of all SD–226 tance of measuring performance, while meetings and hearings of Senate com- Foreign Relations eliminating duplication and waste. mittees, subcommittees, joint commit- To hold hearings to examine evaluating SD–G50 tees, and committees of conference. goals and progress in Afghanistan and 10 a.m. This title requires all such committees Pakistan. Homeland Security and Governmental Af- to notify the Office of the Senate Daily SD–106 fairs Homeland Security and Governmental Af- To hold hearings to examine Federal reg- Digest—designated by the Rules Com- fairs mittee—of the time, place, and purpose ulation, focusing on a review of legisla- Oversight of Government Management, the tive proposals. of the meetings, when scheduled, and Federal Workforce, and the District of SD–342 any cancellations or changes in the Columbia Subcommittee 2:15 p.m. meetings as they occur. To hold hearings to examine inspiring Indian Affairs As an additional procedure along students to Federal service. To hold an oversight hearing to examine with the computerization of this infor- SD–342 the ‘‘Indian Reorganization Act’’ 75 mation, the Office of the Senate Daily Intelligence years later, focusing on restoring tribal Digest will prepare this information for To hold closed hearings to examine cer- homelands and promote self-deter- printing in the Extensions of Remarks tain intelligence matters. mination. SH–219 section of the CONGRESSIONAL RECORD SD–628 on Monday and Wednesday of each Foreign Relations JUNE 22 Western Hemisphere, Peace Corps and week. 10 a.m. Global Narcotics Affairs Subcommittee Meetings scheduled for Thursday, Finance International Development and Foreign June 16, 2011 may be found in the Daily To hold hearings to examine preventing Assistance, Economic Affairs and Digest of today’s RECORD. overpayments and eliminating fraud in International Environmental Protec- the unemployment insurance system. tion Subcommittee MEETINGS SCHEDULED SD–215 To hold joint hearings to examine Haiti, Homeland Security and Governmental Af- focusing on reinvigorating aid under JUNE 17 fairs Martelly. 9:30 a.m. To hold hearings to examine the next SD–419 Armed Services steps for securing rail and transit. 2:30 p.m. Closed business meeting to continue SD–342 Energy and Natural Resources markup of the proposed National De- Judiciary Water and Power Subcommittee fense Authorization Act for fiscal year To hold an oversight hearing to examine To hold hearings to examine S. 500, to di- 2012. intellectual property law enforcement rect the Secretary of the Interior to SR–232A efforts. convey certain Federal features of the SD–226 electric distribution system to the JUNE 20 10:15 a.m. South Utah Valley Electric Service 2 p.m. Joint Economic Committee District, S. 715, to reinstate and trans- Commission on Security and Cooperation To hold hearings to examine manufac- fer certain hydroelectric licenses and in Europe turing in the United States, focusing extend the deadline for commencement To hold hearings to examine 2050, focus- on why we need a national manufac- of construction of certain hydroelectric ing on implications of demographic turing strategy. projects, S. 802, to authorize the Sec- trends in the Organization for Security SH–216 retary of the Interior to allow the stor- and Co-operation in Europe (OSCE) re- 10:30 a.m. age and conveyance of nonproject gion. Appropriations water at the Norman project in Okla- 2247, Rayburn Building Department of Defense Subcommittee homa, S. 997, to authorize the Sec- To hold hearings to examine outside wit- retary of the Interior to extend a water JUNE 21 ness statements. contract between the United States SD–192 10 a.m. and the East Bench Irrigation District, 11:30 a.m. S. 1033, to amend the Reclamation Banking, Housing, and Urban Affairs Library To hold hearings to examine cybersecu- Wastewater and Groundwater Study Organizational business meeting to con- and Facilities Act to authorize the Sec- rity and data protection in the finan- sider committee’s rules of procedure retary of the Interior to participate in cial sector. and budget for the 112th Congress. the City of Hermiston, Oregon, water SD–538 SC–6, Capitol recycling and reuse project, and S. 1047, Foreign Relations Printing to amend the Reclamation Projects To hold hearings to examine the nomina- Organizational business meeting to con- Authorization and Adjustment of 1992 tions of Anne W. Patterson, of Vir- sider committee’s rules of procedure to require the Secretary of the Inte- ginia, to be Ambassador to the Arab and budget for the 112th Congress. rior, acting through the Bureau of Rec- Republic of Egypt, Michael H. Corbin, SC–6, Capitol lamation, to take actions to improve of California, to be Ambassador to the 1:30 p.m. environmental conditions in the vicin- United Arab Emirates, and Matthew H. Homeland Security and Governmental Af- Tueller, of Utah, to be Ambassador to fairs ity of the Leadville Mine Drainage the State of Kuwait, all of the Depart- To hold hearings to examine trans- Tunnel in Lake County, Colorado, an ment of State. forming lives through diabetes re- original bill entitled, ‘‘Bureau of Rec- SD–419 search. lamation Fish Recovery Programs Re- Health, Education, Labor, and Pensions SD–G50 authorization Act of 2011’’, and an To hold hearings to examine senior hun- 2:30 p.m. original bill entitled, ‘‘Fort Sumner ger and the ‘‘Older Americans Act’’. Judiciary Project Title Conveyance Act’’. SD–430 To hold hearings to examine the nomina- SD–366 2 p.m. tions of Christopher Droney, of Con- Intelligence Joint Economic Committee necticut, to be United States Circuit To hold hearings to examine the nomina- To hold hearings to examine spending Judge for the Second Circuit, Robert tion of David H. Petraeus, of New less, owing less, growing the economy. David Mariani, to be United States Dis- Hampshire, to be Director of the Cen- 1100, Longworth Building trict Judge for the Middle District of tral Intelligence Agency. 2:30 p.m. Pennsylvania, Cathy Bissoon, and SH–216 Commerce, Science, and Transportation Mark Raymond Hornak, both to be a To hold hearings to examine the nomina- United States District Judge for the JUNE 29 tions of John Bryson, to be Secretary, Western District of Pennsylvania, and 2:30 p.m. and Terry D. Garcia, of Florida, to be Robert N. Scola, Jr., to be United Veterans’ Affairs Deputy Secretary, both of the Depart- States District Judge for the Southern Business meeting to consider pending ment of Commerce. District of Florida. calendar business. SR–253 SD–226 SR–418

VerDate Mar 15 2010 04:39 Jun 16, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\M15JN8.000 E15JNPT1 tjames on DSKG8SOYB1PROD with REMARKS Wednesday, June 15, 2011 Daily Digest Senate Portman Amendment No. 418, to amend the Un- Chamber Action funded Mandates Reform Act of 1995 (2 U.S.C. Routine Proceedings, pages S3787–S3849 1501 et seq.) to strengthen the economic impact Measures Introduced: Sixteen bills and one resolu- analyses for major rules, require agencies to analyze tion were introduced, as follows: S. 1197–1212, and the effect of major rules on jobs, and require adop- S. Res. 208. Pages S3812–13 tion of the least burdensome regulatory means. Page S3847 Measures Passed: McCain Amendment No. 411, to prohibit the use United States and Mongolia Growing Partner- of Federal funds to construct ethanol blender pumps ship: Senate agreed to S. Res. 208, expressing the or ethanol storage facilities. Page S3847 sense of the Senate regarding Mongolian President McCain Amendment No. 412, to repeal the wage Tsakhiagiin Elbegdorj’s visit to Washington, DC, rate requirements commonly known as the Davis- and its support for the growing partnership between Bacon Act. Page S3847 the United States and Mongolia. Pages S3848–49 Merkley Amendment No. 440, to require the Sec- Measures Considered: retary of Energy to establish an Energy Efficiency Loan Program under which the Secretary shall make Economic Development Revitalization Act— funds available to States to support financial assist- Agreement: Senate continued consideration of S. ance provided by qualified financing entities for 782, to amend the Public Works and Economic De- making qualified energy efficiency or renewable effi- velopment Act of 1965 to reauthorize that Act, tak- ciency improvements. Page S3847 ing action on the following amendments proposed Coburn Modified Amendment No. 436, to repeal thereto: Page S3847 the Volumetric Ethanol Excise Tax Credit. Pending: Page S3847 DeMint Amendment No. 394, to repeal the Brown (MA)/Snowe Amendment No. 405, to re- Dodd-Frank Wall Street Reform and Consumer Pro- peal the imposition of withholding on certain pay- tection Act. Page S3847 ments made to vendors by government entities. Paul Amendment No. 414, to implement the Page S3847 President’s request to increase the statutory limit on Inhofe Amendment No. 430, to reduce amounts the public debt. Page S3847 authorized to be appropriated. Page S3847 Cardin Amendment No. 407, to require the FHA Inhofe Amendment No. 438, to provide for the to equitably treat homebuyers who have repaid in establishment of a committee to assess the effects of full their FHA-insured mortgages. Page S3847 certain Federal regulatory mandates. Page S3847 Merkley/Snowe Amendment No. 428, to establish Merkley Amendment No. 427, to make a tech- clear regulatory standards for mortgage servicers. nical correction to the HUBZone designation proc- Page S3847 ess. Page S3847 Kohl Amendment No. 389, to amend the Sher- McCain Amendment No. 441 (to Coburn Modi- man Act to make oil-producing and exporting car- fied Amendment No. 436), to prohibit the use of tels illegal. Page S3847 Federal funds to construct ethanol blender pumps or Hutchison Amendment No. 423, to delay the im- ethanol storage facilities. Page S3847 plementation of the health reform law in the United Reid (for Feinstein/Coburn) Amendment No. 476, States until there is final resolution in pending law- to repeal the Volumetric Ethanol Excise Tax Credit. suits. Page S3847 Page S3847 Portman Amendment No. 417, to provide for the A unanimous-consent-time agreement was reached inclusion of independent regulatory agencies in the providing for further consideration of the bill at ap- application of the Unfunded Mandates Reform Act proximately 10 a.m., on Thursday, June 16, 2011; of 1995 (2 U.S.C. 1501 et seq.). Page S3847 that Reid (for Feinstein/Coburn) Amendment No. D640

VerDate Mar 15 2010 04:44 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D15JN1.REC D15JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 15, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D641 476 (listed above), and McCain Amendment No. er Cooperatives, and John M. Damgard, Futures In- 411 (listed above), be debated concurrently; that dustry Association, both of Washington, DC. there be up to 4 hours of debate, equally divided be- tween the two Leaders, or their designees; that upon APPROPRIATIONS: DEPARTMENT OF the use or yielding back of time, Senate vote on or DEFENSE in relation to the amendments in the following Committee on Appropriations: Subcommittee on Depart- order: Reid (for Feinstein/Coburn) No. 476; and ment of Defense concluded a hearing to examine McCain Amendment No. 411; provided further, that proposed budget estimates for fiscal year 2012 for neither of the amendments be divisible; that there be the Department of Defense, after receiving testimony no amendments, points of order or motions in order from Robert M. Gates, Secretary, and Admiral Mi- to either amendment prior to the votes other than chael G. Mullen, USN, Chairman, Joint Chiefs of budget points of order and the applicable motions to Staff, both of the Department of Defense. waive; that both amendments be subject to a 60 vote threshold; and that upon disposition of the McCain AUTHORIZATION: DEFENSE amendment, the Majority Leader be recognized. Committee on Armed Services: Subcommittee on Emerg- Pages S3847–48 ing Threats and Capabilities met in closed session Messages from the House: Page S3812 and approved for full committee consideration, those Measures Referred: Page S3812 provisions which fall within the jurisdiction of the subcommittee, of the proposed National Defense Au- Executive Communications: Page S3812 thorization Act for fiscal year 2012. Additional Cosponsors: Pages S3813–17 Statements on Introduced Bills/Resolutions: AUTHORIZATION: DEFENSE Pages S3817–42 Committee on Armed Services: Committee began consid- Additional Statements: Page S3811 eration of the proposed National Defense Authoriza- tion Act for fiscal year 2012, but did not complete Amendments Submitted: Pages S3842–46 action thereon, and will meet again on Thursday, Notices of Hearings/Meetings: Page S3846 June 16, 2011. Authorities for Committees to Meet: Page S3846 ENHANCING SAFETY AND SOUNDNESS Adjournment: Senate convened at 10 a.m. and ad- journed at 7:03 p.m., until 10 a.m. on Thursday, Committee on Banking, Housing, and Urban Affairs: June 16, 2011. (For Senate’s program, see the re- Subcommittee on Financial Institutions and Con- marks of the Majority Leader in today’s Record on sumer Protection concluded a hearing to examine en- page S3849.) hancing safety and soundness, focusing on lessons learned and opportunities for continued improve- ment, after receiving testimony from Michael R. Committee Meetings Foley, Senior Associate Director, Division of Banking (Committees not listed did not meet) Supervision and Regulation, Board of Governors of the Federal Reserve System; Christopher J. Spoth, WALL STREET REFORM AND CONSUMER Senior Deputy Director, Division of Risk Manage- PROTECTION ACT ment Supervision, Federal Deposit Insurance Cor- Committee on Agriculture, Nutrition, and Forestry: Com- poration; David K. Wilson, Deputy Comptroller, mittee concluded a hearing to examine the ‘‘Wall Credit and Market Risk, Office of the Comptroller Street Reform and Consumer Protection Act’’ and of the Currency; Salvatore Marranca, Cattaraugus implementation of Title VII one year later, after re- County Bank, Little Valley, New York, on behalf of ceiving testimony from Gary Gensler, Chairman, the Independent Community Bankers of America; Commodity Futures Trading Commission; Michael and Frank A. Suellentrop, Legacy Bank, Colwich, S. Gibson, Senior Associate Director, Division of Re- Kansas. search and Statistics, Board of Governors of the Fed- eral Reserve System; Brooksley Born, former Com- CLEAN AIR ACT AND PUBLIC HEALTH missioner, Financial Crisis Inquiry Commission, and Committee on Environment and Public Works: Com- former Chairperson, Commodity Futures Trading mittee concluded a hearing to examine the ‘‘Clean Commission; Daniel J. Roth, National Futures Asso- Air Act’’ and public health, after receiving testimony ciation, and Adam Cooper, Citadel LLC, on behalf of from Lisa P. Jackson, Administrator, United States Managed Funds Association, both of Chicago, Illi- Environmental Protection Agency; Sarah Bucic, nois; and Charles Conner, National Council of Farm- Delaware City, on behalf of the American Nurses

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Association (ANA), and the Delaware Nurses Asso- duced by Representative Norton, testified and an- ciation; Jerome A. Paulson, on behalf of the Amer- swered questions in their own behalf. ican Academy of Pediatrics (AAP), and Cathy S. Woollums, MidAmerican Energy Holdings Com- SOUTHWEST BORDER SECURITY pany, both of Washington, D.C.; M. Harvey Bren- United States Senate Caucus on International Narcotics ner, University of North Texas Health Science Cen- Control: Caucus concluded a hearing to examine the ter School of Public Health, Fort Worth; and Alfred continued construction of illegal tunnels on the Munzer, Washington Adventist Hospital, Takoma southwest border of the United States and the role Park, Maryland, on behalf of American Thoracic So- these tunnels may play in the transport of drugs, ciety (ATS). weapons and human beings, after receiving testi- mony from James A. Dinkins, Executive Associate NOMINATIONS Director, Homeland Security Investigations, U.S. Committee on Homeland Security and Governmental Af- Immigration and Customs Enforcement, and Tim fairs: Committee concluded a hearing to examine the Durst, Assistant Special Agent in Charge, U.S. Im- nominations of Jennifer A. Di Toro, Donna Mary migration and Customs Enforcement San Diego, Murphy, and Yvonne M. Williams, all to be an As- both of the Department of Homeland Security; and sociate Judge of the Superior Court of the District Laura E. Duffy, U.S. Attorney, Southern District of of Columbia, after the nominees, who were all intro- California, Department of Justice. h House of Representatives on line 22, relating to FAIR Act or Circular A–76 Chamber Action activities (by a recorded vote of 226 ayes to 199 Public Bills and Resolutions Introduced: 22 pub- noes, Roll No. 421); Pages H4225–26 lic bills, H.R. 2182–2203; and 3 resolutions, H. Farr amendment that was debated on June 14th Res. 306–308 were introduced. Pages H4276–78 that increases funding, by offset, for the Agricultural Additional Cosponsors: Pages H4278–79 Marketing Service by $300,000 (by a recorded vote Reports Filed: There were no reports filed today. of 352 ayes to 70 noes, Roll No. 422); Pages H4226–27 Speaker: Read a letter from the Speaker wherein he Kingston amendment that reduces each amount appointed Representative Nugent to act as Speaker made available by titles I through VI (other than an pro tempore for today. Page H4189 amount required to be made available by a provision Recess: The House recessed at 11:23 a.m. and re- of law) by 0.78 percent; Page H4240 convened at 12 noon. Page H4198 Young (AK) amendment that prohibits funds Chaplain: The prayer was offered by the guest chap- from being used to approve any application sub- lain, Reverend Dr. Phil Hoskins, Higher Ground mitted under section 512 of the Federal Food, Drug, Baptist Church, Kingsport, Tennessee. Page H4198 and Cosmetic Act for approval of genetically engi- Recess: The House recessed at 12:34 p.m. and re- neered salmon; Page H4240 convened at 1:03 p.m. Page H4202 Royce amendment (No. 24 printed in the Con- gressional Record of June 14, 2011) that prohibits Agriculture, Rural Development, Food and Drug funds from being used to provide assistance under Administration, and Related Agencies Appro- title II of the Food for Peace Act to the Democratic priations Act, 2012: The House resumed consider- People’s Republic of Korea (North Korea); ation of H.R. 2112, making appropriations for Agri- culture, Rural Development, Food and Drug Admin- Pages H4245–46 istration, and Related Agencies programs for the fis- Chaffetz amendment (No. 13 printed in the Con- cal year ending September 30, 2012. Consideration gressional Record of June 13, 2011) that prohibits of the measure began yesterday, June 14th. funds from being used to pay the salaries and ex- Pages H4202–74 penses of personnel who provide nonrecourse mar- Agreed to: keting assistance loans for mohair under section Sessions amendment that was debated on June 1201 for the Food, Conservation, and Energy Act of 14th that strikes the proviso on page 3, beginning 2008; and Page H4256

VerDate Mar 15 2010 04:44 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D15JN1.REC D15JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 15, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D643 Engel amendment that prohibits funds from being Broun (GA) amendment (No. 9 printed in the used under this Act to lease or purchase new light Congressional Record of June 13, 2011) that was de- duty vehicles, for any executive fleet, or for an agen- bated on June 14th that sought to reduce funding cy’s fleet inventory, except in accordance with Presi- for the Agricultural Marketing Service by dential Memorandum—Federal Fleet Performance, $7,750,000 and apply the savings to the spending dated May 24, 2011. Page H4268 reduction account (by a recorded vote of 107 ayes to Rejected: 318 noes, Roll No. 427); Pages H4229–30 Broun (GA) amendment (No. 10 printed in the Richardson amendment that was debated on June Congressional Record of June 13, 2011) that sought 14th that sought to increase funding, by offset, for to reduce funding for the Watershed Rehabilitation the Commodity Assistance Program by $10 million Program by $15 million and apply the savings to (by a recorded vote of 200 ayes to 224 noes, Roll the spending reduction account; Pages H4202–04 No. 428); Pages H4230–31 Broun (GA) amendment (No. 11 printed in the Gosar amendment that sought to increase fund- Congressional Record of June 13, 2011) that sought ing, by offset, for the Multi-Family Housing Revi- to reduce funding for Rural Housing Assistance talization Program and the Rural Business Program Grants by $20,480,000 and apply the savings to the by $100 million each (by a recorded vote of 139 spending reduction account; Pages H4205–07 ayes to 285 noes, Roll No. 429); Page H4231 Broun (GA) amendment (No. 7 printed in the Broun (GA) amendment that sought to reduce the Congressional Record of June 13, 2011) that sought Special Supplemental Nutrition Program for to reduce by half the number of passenger motor ve- Women, Infants, and Children by $604 million and hicles purchased by the Department of Agriculture; apply the savings to the spending reduction account Pages H4219–22 (by a recorded vote of 64 ayes to 360 noes, Roll No. DeLauro amendment that was debated on June 430); Pages H4207–08, H4231–32 14th that sought to increase funding, by offset, for Foxx amendment that sought to reduce funding the Center for Food Safety and Applied Nutrition by for the Special Supplemental Nutrition Program for $1 million (by a recorded vote of 193 ayes to 226 Women, Infants, and Children by $82,500,000 mil- noes, Roll No. 420); Page H4225 lion and apply the savings to the spending reduction Broun (GA) amendment (No. 8 printed in the account (by a recorded vote of 119 ayes to 306 noes, Congressional Record of June 13, 2011) that was de- Roll No. 431); Pages H4232–33 bated on June 14th that sought to reduce funding Broun (GA) amendment (No. 12 printed in the for Agricultural Buildings and Facilities and Rental Congressional Record of June 13, 2011) that sought Payments by $20,900,000 and apply the savings to to reduce funding for the Foreign Agricultural Serv- the spending reduction account (by a recorded vote ice by $175 million and apply the savings to the of 120 ayes to 304 noes, Roll No. 423); Page H4227 spending reduction account (by a recorded vote of 99 Chaffetz amendment that was debated on June ayes to 324 noes, Roll No. 432); 14th that sought to reduce funding for the Eco- Pages H4210–13, H4233 nomic Research Service by $43 million; reduce fund- Gosar amendment that sought to reduce Food for ing for the National Agricultural Statistics Service Peace Title II Grants by $100 million and apply the by $85 million; reduce funding for the Agricultural savings to the spending reduction account (by a re- Research Service by $650 million; reduce funding for corded vote of 124 ayes to 300 noes, Roll No. 433); Food for Peace Title II Grants by $1,040,198,000 Pages H4204–05, H4233–34 and to apply $1,818,198,000 to the spending reduc- Broun (GA) amendment that sought to reduce tion account (by a recorded vote of 83 ayes to 338 Food for Peace Title II Grants by $940,198,000 and noes, Roll No. 424); Pages H4227–28 apply the savings to the Spending Reduction Ac- Broun (GA) amendment (No. 4 printed in the count (by a recorded vote of 108 ayes to 316 noes, Congressional Record of June 13, 2011) that was de- Roll No. 434); Pages H4213–15, H4234–35 bated on June 14th that sought to reduce funding Broun (GA) amendment (No. 6 printed in the for the Economic Research Service by $7 million and Congressional Record of June 13, 2011) that sought apply the savings to the spending reduction account to eliminate the McGovern-Dole International Food (by a recorded vote of 125 ayes to 298 noes, Roll for Education and Child Nutrition Program Grants No. 425); Pages H4228–29 and apply the savings of $180 million to the Spend- Clarke (MI) amendment that was debated on June ing Reduction Account (by a recorded vote of 120 14th that sought to increase funding, by offset, for ayes to 303 noes, Roll No. 435); the Agricultural Marketing Service by $1 million Pages H4215–17, H4235 (by a recorded vote of 142 ayes to 282 noes, Roll Stearns amendment that sought to reduce funding No. 426); Page H4229 for the Center for Tobacco Products by $392 million

VerDate Mar 15 2010 04:44 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D15JN1.REC D15JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D644 CONGRESSIONAL RECORD — DAILY DIGEST June 15, 2011 and apply the savings to the Spending Reduction Your Farmer, Know Your Food initiative of the De- Account (by a recorded vote of 164 ayes to 257 noes, partment of Agriculture; Pages H4242–45 Roll No. 436); and Pages H4217–19, H4235–36 Kind amendment (No. 25 printed in the Congres- Chaffetz amendment (No. 14 printed in the Con- sional Record of June 14, 2011) that seeks to pro- gressional Record of June 13, 2011) that sought to hibit funds from being used to provide payments to prohibit funds from being used to make payments the Brazil Cotton Institute; Pages H4246–53 for the storage of cotton under section 1204(g) of Dingell amendment that seeks to increase fund- the Food, Conservation, and Energy Act of 2008 or ing, by offset, for the Food and Drug Administration for the storage of peanuts under section 1307(a) of by $49 million; Pages H4253–56 such Act. Pages H4256–57 Jackson Lee amendment that seeks to increase, by Withdrawn: offset, funding for the Office of the Secretary by $5 Foxx amendment (No. 2 printed in the Congres- million; Pages H4257–59 sional Record of June 13, 2011) that was offered and Gibson amendment (No. 23 printed in the Con- subsequently withdrawn that would have reduced gressional Record of June 14, 2011) that seeks to in- the Special Supplemental Nutrition Program for crease funding, by offset, for broadband loans by $6 Women, Infants, and Children by $82,500,000 and million; Pages H4259–63 applied the savings to the spending reduction ac- Blumenauer amendment (No. 3 printed in the count; Pages H4208–10 Congressional Record of June 13, 2011) that seeks Lummis amendment that was offered and subse- to prohibit funds from being used to pay the salaries quently withdrawn that would have amended section and expenses of personnel of the Department of Ag- 739 of the bill; Pages H4222–24 riculture to provide benefits described in the Food Woolsey amendment (No. 20 printed in the Con- Security Act of 1985 to a person or legal entity in gressional Record of June 13, 2011) that was offered excess of $125,000; Pages H4263–67 and subsequently withdrawn that would have pro- King (IA) amendment that seeks to prohibit funds hibited funds from being used to carry out the direc- from being used to make payments under section tive in the committee report instructing the Food 201 of the Claims Resolution Act of 2010 or section and Nutrition Service to issue a new proposed rule 14012 of the Food, Conservation, and Energy Act of on implementing new national nutrition standards 2008; Pages H4267–68 for the school breakfast and school lunch programs King (IA) amendment that seeks to prohibit funds in the report of the Committee on Appropriations to from being used for mifepristone, commonly known accompany H.R. 2112 of the 112th Congress; and as RU–486, for any purpose; Pages H4268–69 Page H4245 Garrett amendment that seeks to prohibit funds Clarke (MI) amendment that was offered and sub- from being used by the Commodity Futures Trading sequently withdrawn that would have transferred Commission to promulgate any final rules under $7,700,000 for assistance for Afghanistan to H.R. paragraphs (13) or (14) of section 2(a) of the Com- 2112 under the heading ‘‘Agricultural Marketing modity Exchange Act, as added by section 727 of the Dodd-Frank Wall Street Reform and Consumer Services, Marketing Services.’’ Pages H4269–70 Protection Act; Pages H4270–71 Point of Order sustained against: Jackson Lee amendment (No. 29 printed in the Section 740 of the bill; Page H4238 Congressional Record of June 14, 2011) that seeks Section 741 of the bill; Page H4238 to prohibit funds from being used in contravention Section 743 of the bill; and Page H4239 of the Food and Nutrition Act of 2008; Section 744 of the bill. Page H4239 Pages H4271–72 Proceedings Postponed: Scalise amendment that seeks to prohibit funds Pingree amendment that seeks to prohibit funds from being used to implement the Departmental from being used (1) to provide electronic notifica- Regulation of the Department of Agriculture enti- tions to the Committee on Agriculture on travel re- tled ‘‘Policy Statement on Climate Change Adapta- lating to any ‘‘know your farmer, know your food’’ tion’’; Page H4272 initiatives or (2) in contravention of the Agriculture Jackson Lee amendment (No. 28 printed in the and Food Research Initiative priority research area Congressional Record of June 14, 2011) that seeks specified in subsection (b)(2)(F) of the Competitive, to prohibit funds from being used in contravention Special, and Facilities Research Grant Act; of section 310B(e) of the Consolidated Farm and Pages H4241–42 Rural Development Act; and Pages H4272–73 Foxx amendment (No. 1 printed in the Congres- Hirono amendment that seeks to increase funding, sional Record of June 13, 2011) that seeks to pro- by offset, for preventive measures authorized under hibit funds from being used to support any Know the Watershed Protection and Flood Prevention Act

VerDate Mar 15 2010 04:44 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D15JN1.REC D15JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE June 15, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D645 and the Soil Conservation and Domestic Allotment on legislation to require greater protection for sen- Act by $3 million. Page H4274 sitive consumer data and timely notification in case H. Res. 300, the rule providing for consideration of breach. Testimony was heard from Edith Ramirez, of the bill, was agreed to yesterday, June 14th. Commissioner, Federal Trade Commission, and pub- Moment of Silence: The House observed a moment lic witnesses. of silence in honor of the victims of the tornado that PPACA’S EFFECTS ON MAINTAINING struck Joplin, Missouri on May 22, 2011. Page H4225 HEALTH COVERAGE AND JOBS Committee Resignation: Read a letter from Rep- Committee on Energy and Commerce: Subcommittee on resentative Fleischmann, wherein he resigned from Health continued a hearing from June 2, entitled the Committee on Small Business. Page H4239 ‘‘PPACA’s Effects on Maintaining Health Coverage Recess: The House recessed at 5:25 p.m. and recon- and Jobs: A Review of the Health Care Law’s Regu- vened at 8:05 p.m. Page H4239 latory Burden.’’ Testimony was heard from Steve Larsen, Director, Center for Consumer Information Meeting Hour: Agreed that when the House ad- and Insurance Oversight, Centers for Medicare and journs today, it adjourn to meet at 9 a.m. tomorrow. Medicaid Services. Page H4274 Amendments: Amendments ordered printed pursu- GLOBAL MARITIME PIRACY ant to the rule appear on page H4279. Committee on Foreign Affairs: Subcommittee on Ter- Quorum Calls—Votes: Seventeen recorded votes rorism, Nonproliferation, and Trade held a hearing developed during the proceedings of today and ap- on Global Maritime Piracy: Fueling Terrorism, pear on pages H4225, H4226, H4226–27, H4227, Harming Trade. Testimony was heard from Andrew H4228, H4228–29, H4229, H4230, H4230–31, J. Shapiro, Assistant Secretary, Bureau of Political- H4231, H4231–32, H4232–33, H4233, H4233–34, Military Affairs, Department of State; William F. H4234–35, H4235, and H4235–36. There were no Wechsler, Deputy Assistant Secretary, Counter- quorum calls. narcotics and Global Threats, Department of De- fense. Adjournment: The House met at 10 a.m. and ad- journed at 12:28 a.m. on Thursday, June 16th. THREAT OF MUSLIM-AMERICAN RADICALIZATION IN U.S. PRISONS Committee Meetings Committee on Homeland Security: Full Committee held a hearing entitled ‘‘The Threat of Muslim-American MISCELLANEOUS MEASURES Radicalization in U.S. Prisons.’’ Testimony was heard Committee on Appropriations: Full Committee held a from Michael P. Downing, Commanding Officer, markup of the Energy and Water Appropriations Counter-Terrorism and Special Operations Bureau, bill, FY 2012. The bill was ordered reported, as LAPD, Patrick T. Dunleavy, retired Deputy Inspec- amended. tor General, Criminal Intelligence Unit, New York State Department of Correctional Services; and pub- MISCELLANEOUS MEASURES lic witnesses. Committee on Education and the Workforce: Full Com- mittee held a markup of H.R. 1217, to prohibit the LEGISLATIVE MEASURES Department of Education from overreaching into Committee on the Judiciary: Subcommittee on Immi- academic affairs and program eligibility under title gration Policy and Enforcement held a hearing on IV of the Higher Education Act of 1965. The bill legislation regarding the Legal Workforce Act. Tes- was ordered reported, as amended. timony was heard from Rep. Calvert; and public witnesses. MISCELLANEOUS MEASURES Committee on Energy and Commerce: Subcommittee on MISCELLANEOUS MEASURES Energy and Power held a markup of H.R. 1938, the Committee on the Judiciary: Full Committee held a North American-Made Energy Security Act, the bill markup of H. J. Res. 1, proposing a balanced budg- was forwarded without amendment. et amendment to the Constitution of the United States. The bill was ordered reported, as amended. GREATER PROTECTION FOR SENSITIVE CONSUMER DATA AND TIMELY MISCELLANEOUS MEASURES NOTIFICATION IN CASE OF BREACH Committee on Natural Resources: Full Committee held Committee on Energy and Commerce: Subcommittee on a markup of the following: H.R. 295, to amend the Commerce, Manufacturing, and Trade held a hearing Hydrographic Services Improvement Act of 1998 to

VerDate Mar 15 2010 04:44 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D15JN1.REC D15JN1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D646 CONGRESSIONAL RECORD — DAILY DIGEST June 15, 2011 authorize funds to acquire hydrographic data and POSTAL INFRASTRUCTURE: HOW MUCH provide hydrographic services specific to the Arctic CAN WE AFFORD for safe navigation, delineating the United States ex- Committee on Oversight and Government Reform: Sub- tended continental shelf, and the monitoring and de- committee on Federal Workforce, U.S. Postal Service scription of coastal changes; H.R. 320, the Distin- and Labor Policy held a hearing entitled ‘‘Postal In- guished Flying Cross National Memorial Act; H.R. frastructure: How Much Can We Afford?’’ Testi- 441, the Kantishna Hills Renewable Energy Act of mony was heard from David E. Williams, Vice 2010; H.R. 470, the Hoover Power Allocation Act President, Network Operations Management, United of 2011; H.R. 489, to clarify the jurisdiction of the States Postal Service; Phillip Herr, Director, Physical Secretary of the Interior with respect to the C.C. Infrastructure Issues, GAO; and public witnesses. Cragin Dam and Reservoir, and for other purposes; H.R. 643, the Sugar Loaf Fire Protection District DOE’S CLEAN TECHNOLOGY PROGRAMS Land Exchange Act; H.R. 670, to convey certain Committee on Science, Space, and Technology: Sub- submerged lands to the Commonwealth of the committee on Energy and Environment held a hear- Northern Mariana Islands in order to give that terri- ing on An Examination of DOE’s Clean Technology tory the same benefits in its submerged lands as Programs. Testimony was heard from the following Guam, the Virgin Islands, and American Samoa have Department of Energy witnesses: Arun Majumdar, in their submerged lands; H.R. 686, the Utah Na- Acting Under Secretary for Energy, and Director, tional Guard Readiness Act; H.R. 765, the Ski Area Advanced Research Projects Agency—Energy; Henry Recreational Opportunity Enhancement Act of 2011; Kelly, Acting Assistant Secretary, Office of Energy H.R. 944, to eliminate an unused lighthouse reserva- Efficiency and Renewable Energy; and David Frantz, tion, provide management consistency by incor- Director, Loan Guarantee Program Office. porating the rocks and small islands along the coast GROWING JOBS BY REDUCING of Orange County, California, into the California REGULATORY BURDENS Coastal National Monument managed by the Bureau of Land Management, and meet the original Con- Committee on Small Business: Full Committee held a gressional intent of preserving Orange County’s hearing entitled ‘‘Lifting the Weight of Regulations: rocks and small islands, and for other purposes; H.R. Growing Jobs by Reducing Regulatory Burdens.’’ 1022, Buffalo Soldiers in the National Parks Study The focus of the hearing was on the following bills: Act; H.R. 1141, the Rota Cultural and Natural Re- H.R. 527, the Regulatory Flexibility Improvements sources Study Act; H.R. 1160, the McKinney Lake Act of 2011; and H.R. 585, the Small Business Size National Fish Hatchery Conveyance Act; and S. 266, Standard Flexibility Act of 2011. Testimony was to redesignate the Noxubee National Wildlife Ref- heard from public witnesses. uge as the Sam D. Hamilton Noxubee National Wildlife Refuge. The following bills were ordered Joint Meetings reported without amendment: H.R. 295, H.R. 320, No joint committee meetings were held. H.R. 470, H.R. 489, H.R. 670, H.R. 765, H.R. f 944, H.R. 1022, H.R. 1141, H.R. 1160, and S. 266. The following bills were ordered reported, as COMMITTEE MEETINGS FOR THURSDAY, amended: H.R. 441, H.R. 643, and H.R. 686. JUNE 16, 2011 OPERATION FAST AND FURIOUS: (Committee meetings are open unless otherwise indicated) RECKLESS DECISIONS, TRAGIC OUTCOMES Committee on Oversight and Government Reform: Full Senate Committee held a hearing entitled ‘‘Operation Fast Committee on Armed Services, closed business meeting to and Furious: Reckless Decisions, Tragic Outcomes.’’ continue markup of the proposed National Defense Au- Testimony was heard from Sen. Grassley, John thorization Act for fiscal year 2012, 9:30 a.m., SR–232A. Dodson, Special Agent, Phoenix Field Division, Bu- Committee on Banking, Housing, and Urban Affairs, to reau of Alcohol, Tobacco, Firearms and Explosives; hold hearings to examine credit unions, focusing on Olindo ‘‘Lee’’ Casa, Special Agent, Phoenix Field Di- member business lending, 10 a.m., SD–538. Committee on Energy and Natural Resources, to hold hear- vision, Bureau of Alcohol, Tobacco, Firearms and Ex- ings to examine S. 343, to amend Title I of PL 99–658 plosives; Peter Forcelli, Group Supervisor, Phoenix regarding the Compact of Free Association between the Field Division, Bureau of Alcohol, Tobacco, Firearms Government of the United States of America and the and Explosives; Ronald Weich, Assistant Attorney Government of Palau, to approve the results of the 15- General, Department of Justice; and public wit- year review of the Compact, including the Agreement Be- nesses. tween the Government of the United States of America

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Subcommittee on Energy and Power, hearing entitled Committee on Indian Affairs, to hold an oversight hear- ‘‘The American Energy Initiative.’’ This hearing will ing to examine achieving the policy goals of the ‘‘Native focus on pipeline safety oversight. 11 a.m., 2322 Ray- American Graves Protection and Repatriation Act’’ burn. (NAGPRA), 2:15 p.m., SD–628. Committee on Financial Services, Full Committee, hearing Committee on the Judiciary, business meeting to consider entitled ‘‘Financial Regulatory Reform: The International S. 1103, to extend the term of the incumbent Director Context.’’ 10 a.m., 2128 Rayburn. of the Federal Bureau of Investigation, S. 978, to amend Committee on Foreign Affairs, Full Committee, hearing the criminal penalty provision for criminal infringement on Why Taiwan Matters, 10 a.m., 2172 Rayburn. of a copyright, S. 1145, to amend title 18, United States Subcommittee on Africa, Global Health, and Human Code, to clarify and expand Federal criminal jurisdiction Rights, hearing on Africa’s Newest Nation: The Republic over Federal contractors and employees outside the of South Sudan, 2 p.m., 2172 Rayburn. United States, and the nominations of Steve Six, of Kan- Committee on House Administration, Subcommittee on sas, to be United States Circuit Judge for the Tenth Cir- Oversight, hearing entitled ‘‘Modernizing Information cuit, Marina Garcia Marmolejo, to be United States Dis- Delivery in the House.’’ 10 a.m., 1310 Longworth. trict Judge for the Southern District of Texas, Michael Committee on Natural Resources, Subcommittee on Energy Charles Green, to be United States District Judge for the and Mineral Resources, hearing on legislation regarding Western District of New York, Wilma Antoinette Lewis, the National Petroleum Reserve Alaska Access Act, 10 a.m., 1324 Longworth. of the District of Columbia, to be Judge for the District Committee on Science, Space, and Technology, Full Com- Court of the Virgin Islands, Major General Marilyn A. mittee, hearing on STEM Education In Action: Learning Quagliotti, USAF (Ret.), of Virginia, to be Deputy Direc- Today . . . Leading Tomorrow, 10 a.m., 2318 Rayburn. tor for Supply Reduction, Office of National Drug Con- Committee on Small Business, Subcommittee on Economic trol Policy, Executive Office of the President, and Thom- Growth, Capital Access and Tax, hearing entitled ‘‘The as Gray Walker, to be United States Attorney for the Dodd-Frank Act: Impact on Small Business Lending.’’ 10 Eastern District of North Carolina, Charles F. Salina, to a.m., 2360 Rayburn. be United States Marshal for the Western District of Committee on Transportation and Infrastructure, Sub- New York, Robert William Mathieson, to be United committee on Economic Development, Public Buildings, States Marshal for the Eastern District of Virginia, and and Emergency Management, hearing entitled ‘‘The Secu- Juan Mattos Jr., to be United States Marshal for the Dis- rities and Exchange Commission’s $500 Million Fleecing trict of New Jersey, all of the Department of Justice, 10 of America.’’ 10 a.m., 2167 Rayburn. a.m., SD–192. Committee on Ways and Means, Subcommittee on Committee on Small Business and Entrepreneurship, to hold Human Resources, hearing on improving programs de- hearings to examine Small Business Administration pro- signed to protect youth at risk of abuse and neglect, 9 grams, focusing on eliminating inefficiencies, duplica- a.m., B–318 Rayburn. tions, fraud and abuse, 10 a.m., SR–428A. House Permanent Select Committee on Intelligence, Full Select Committee on Intelligence, to hold closed hearings to Committee, hearing on United States Involvement in examine certain intelligence matters, 2:30 p.m., SH–219. Libya, 10 a.m., HVC–304. This is a closed hearing.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, June 16 9 a.m., Thursday, June 16

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Resume consideration of H.R. ation of S. 782, Economic Development Revitalization 2112—Agriculture, Rural Development, Food and Drug Act, with two roll call votes on or in relation to Reid Administration, and Related Agencies Appropriations (for Feinstein/Coburn) Amendment No. 476 and McCain Act, 2012. Amendment No. 411, at approximately 2 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, John D., Mich., E1102 Matsui, Doris O., Calif., E1107, E1110 Frank, Barney, Mass., E1105 Moore, Gwen, Wisc., E1102 Andrews, Robert E., N.J., E1104 Grijalva, Rau´ l M., Ariz., E1100 Pence, Mike, Ind., E1103 Austria, Steve, Ohio, E1104 Hayworth, Nan A.S., N.Y., E1110 Platts, Todd Russell, Pa., E1101 Berman, Howard L., Calif., E1108 Higgins, Brian, N.Y., E1100 Poe, Ted, Tex., E1103 Bishop, Sanford D., Jr., Ga., E1099 Issa, Darrell E., Calif., E1101 Reed, Tom, N.Y., E1107 Bonner, Jo, Ala., E1103 Johnson, Eddie Bernice, Tex., E1102, E1106 ´ Cardoza, Dennis A., Calif., E1100 Johnson, Sam, Tex., E1095, E1098, E1099, E1099, E1100, Serrano, Jose E., N.Y., E1104 Coffman, Mike, Colo., E1099 E1101, E1101, E1102, E1104, E1105 Sires, Albio, N.J., E1098 Conyers, John, Jr., Mich., E1095 Kaptur, Marcy, Ohio, E1107 Thompson, Mike, Calif., E1109 Davis, Geoff, Ky., E1103 Langevin, James R., R.I., E1106 Tsongas, Niki, Mass., E1102 Denham, Jeff, Calif., E1103 Larson, John B., Conn., E1109 Visclosky, Peter J., Ind., E1105

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