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, THURSDAY, OCTOBER 6, 2011 No. 149 House of Representatives The House met at 9 a.m. and was I pledge allegiance to the Flag of the And that’s just the way it is. United States of America, and to the Repub- called to order by the Speaker. f lic for which it stands, one nation under God, f indivisible, with liberty and justice for all. REMOVAL OF NAME OF MEMBER PRAYER f AS COSPONSOR OF H.R. 2920 The Chaplain, the Reverend Patrick ANNOUNCEMENT BY THE SPEAKER Mr. CICILLINE. Mr. Speaker, I ask J. Conroy, offered the following prayer: unanimous consent to remove my Eternal God, we give You thanks for The SPEAKER. The Chair will enter- name as a cosponsor of H.R. 2920. giving us another day. tain up to 5 1-minute requests on each The SPEAKER pro tempore (Mr. Once again, we come to You to ask side. DENHAM). Is there objection to the re- wisdom, patience, peace, and under- f quest of the gentleman from Rhode Is- standing for the Members of this peo- land? DOMESTIC MINOR TRAFFICKING ple’s House. The words and sentiments There was no objection. that have been spoken and heard in (Mr. POE of Texas asked and was f these recent days were born of prin- given permission to address the House ciple, conviction, and commitment. for 1 minute.) DR. DONNA OTTAVIANO, SUPER- We ask discernment for the Members Mr. POE of Texas. Mr. Speaker, INTENDENT OF NORTH PROVI- that they might judge anew their ad- walking home from school, a girl of 12 DENCE, RHODE ISLAND herence to principle, conviction, and is approached by a man who promises (Mr. CICILLINE asked and was given commitment, lest they slide unchari- to give her everything. In her short permission to address the House for 1 tably toward an inability to listen to life, she has already suffered abuse and minute.) one another, and work cooperatively to neglect from her father and her foster Mr. CICILLINE. Mr. Speaker, I rise solve the important issues of our day. parents. She thinks the promise of food today to recognize the superintendent Give them the generosity of heart and shelter and love is something she of the North Providence, Rhode Island and the courage of true leadership to cannot pass up. But the man takes the School Department, Donna Ottaviano, work toward a common solution with girl to a hotel room where he beats her, who was honored as the Rhode Island sacrifice on both sides. We pray that forces her to do drugs and rapes her. Superintendent of the Year by the their work results, not in a Nation Then she is sold on the Internet, is Rhode Island School Superintendents’ comprised of winners and losers, but taken from hotel to hotel around the Association. where our citizens know in their hearts country, and is regularly raped by mul- Dr. Ottaviano, who also attended that we Americans are all winners. tiple men and treated as a piece of North Providence public schools as a May all that is done this day be for property. student, has led the North Providence Your greater honor and glory. She becomes a sex slave. public schools with distinction since Amen. This is the plight of an actual domes- 2004. f tic minor sex trafficking victim in the Dr. Ottaviano has spent nearly 30 THE JOURNAL United States. years in the educational field as a The SPEAKER. The Chair has exam- We cannot continue to be blissfully teacher, principal, assistant super- ined the Journal of the last day’s pro- ignorant of this crime against these intendent, and public health educator ceedings and announces to the House victims. As cochair of the Victims’ in my home State of Rhode Island. In his approval thereof. Rights Caucus, along with JIM COSTA addition to the tremendous contribu- Pursuant to clause 1, rule I, the Jour- (CA), I commend the work of CAROLYN tions she has made to Rhode Island’s nal stands approved. MALONEY (NY) and CHRIS SMITH (NJ) education system, she has also devoted for their legislation to help stop this her time to breast cancer awareness as f scourge of child sex trafficking. well as lending her support to the PLEDGE OF ALLEGIANCE These children need to be rescued and Rhode Island Special Olympics. The SPEAKER. Will the gentleman treated as victims, not criminals. The Dr. Ottaviano will be recognized na- from Rhode Island (Mr. CICILLINE) customers and the traffickers need to tionally at the annual American Asso- come forward and lead the House in the be arrested, tried before a jury of 12, ciation of School Administrators’ Na- Pledge of Allegiance. and need to get their just rewards for tional Conference on Education. In ad- Mr. CICILLINE led the Pledge of Al- having been involved in sex slave traf- dition, a $1,000 scholarship in Dr. legiance as follows: ficking. Ottaviano’s name will be awarded to a

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

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VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06OC7.000 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6630 CONGRESSIONAL RECORD — HOUSE October 6, 2011 senior from North Providence High THE IMPORTANCE OF PRAYER influencing this Congress. These bills School. (Mr. FORBES asked and was given include restoring Glass-Steagall to sep- I congratulate and commend Dr. permission to address the House for 1 arate prudent banking from specula- Ottaviano for her dedication and com- minute.) tion, helping those facing foreclosure, mitment to educating the future of Mr. FORBES. Mr. Speaker, I rise and adding 1,000 FBI agents to do real Rhode Island. today on behalf of the Congressional investigation and prosecution, along f Prayer Caucus to note the importance with forensic accounting, to bring of prayer in the founding of our coun- those who have done wrong to this Re- THE OBAMA JOBS PLAN try. public to justice. It’s long overdue for (Mr. SAM JOHNSON of Texas asked This week in 1791, John Hancock, a Congress to do its job. and was given permission to address signer of the Declaration of Independ- f the House for 1 minute and to revise ence and the Governor of Massachu- b 0910 and extend his remarks.) setts, issued a proclamation declaring Mr. SAM JOHNSON of Texas. The a day of public Thanksgiving. BALANCED BUDGET AMENDMENT President wants Congress to pass his John Hancock said in part, ‘‘I have (Mr. PENCE asked and was given per- $447 billion jobs plan. It really ought to thought fit to appoint a day of public mission to address the House for 1 be called Son of Stimulus, yet more Thanksgiving and praise to Almighty minute and to revise and extend his re- spending and higher taxes, as the God for all his goodness towards us, marks.) President’s jobs plan proposes, won’t above all, not only to continue to us Mr. PENCE. Mr. Speaker, you know, get our economy moving in the right the enjoyment of our civil rights and in the midst of these rancorous and di- direction. It’s just the same act, dif- liberties, but the great and most im- vided days in our Nation’s Capital, ferent day. portant blessing, the gospel of Jesus there is a growing consensus across It is time for our tax-and-spender-in- Christ. I do earnestly recommend that this country that Washington, D.C., chief to stop pushing these failed poli- we may join the penitent confession of isn’t just broke, it’s broken. cies and to start listening to the Amer- our sins and implore the further con- With a $14 trillion national debt, the ican people. With unemployment above tinuance of the Divine Protection and American people want solutions, not 9 percent, we need to get Americans blessings of Heaven upon this people, fights. They want reforms that will back to work by stopping out-of-con- especially that He would be graciously transcend political parties and the his- trol spending, by reforming our Tax pleased to direct and prosper the ad- toric divides that have made this city Code, and by putting an end to the ministration of the Federal Govern- seem, for most Americans, to appear to senseless job-killing regulations of this ment and the other States in the be a House divided. administration. Union, to bless the allies of the United Well, thanks to tough negotiations Jobs are there. One example: Let’s States, and to afford His almighty aid this summer, the American people de- just drill for oil and gas. We simply to all people, who are virtuously strug- serve to know that Congress has a his- cannot tax, spend, and borrow our way gling for the rights of men, so that uni- toric opportunity to vote on just such to prosperity. versal happiness may be established in a bipartisan solution. It’s a balanced f the world, that all may bow to the budget amendment to the Constitution scepter of Our Lord Jesus Christ, and of the United States. THE AMERICAN CAN-DO SPIRIT IN the whole Earth be filled with His For the first time in 15 years, the SOUTHERN MINNESOTA glory.’’ House and the Senate will have an up- (Mr. WALZ of Minnesota asked and f or-down vote on this historic measure, was given permission to address the and every American who is fed up with House for 1 minute and to revise and CONGRESS MUST ADDRESS WALL borrowing and spending and deficits extend his remarks.) STREET GREED and debts should let their voice be Mr. WALZ of Minnesota. I rise today (Ms. KAPTUR asked and was given heard and be heard today. to let folks know that the American permission to address the House for 1 Most Americans work hard, they pay can-do spirit and the spirit of innova- minute.) their bills, and they live within their tion is alive and well in southern Min- Ms. KAPTUR. Mr. Speaker, some means. I think it’s time we had a na- nesota. pundits are criticizing the Wall Street tional government as good as our peo- Last week, I visited United Machine demonstrators as unfocused, inchoate, ple. It’s time to pass a balanced budget and Foundry in Winona, Minnesota. and disorganized. Well, let me render amendment to the Constitution, send UMF is a small business that opened in this opinion: it from this House to the Senate, and 1885. It currently employs 35 people, It is Congress that is unfocused, in- from this Congress to the States for and produces metal castings for as- choate, and disorganized. It is Congress ratification. phalt production, road construction, that has not met its obligation to the f and power generation. UMF’s presi- American people. Congress has not ad- dent, Tom Renk, told me the only real dressed the real damage caused by Wall JOBS problem he has is this: that without in- Street greed. This institution can’t (Mr. CARNEY asked and was given vestment in critical infrastructure like even do rigorous oversight hearings permission to address the House for 1 roads, the foundry doesn’t sell any across America—starting on Wall minute.) products, and when demand dries up, so Street. Mr. CARNEY. Mr. Speaker, last week do the jobs. The demonstrators have found the I sponsored a job fair in my home State Building things is in the American right piece of geography. They have of Delaware in Georgetown. The good DNA. We build roads; we build bridges; their eyes on the right subject. It is news is that nearly 2,000 people turned we create the necessary infrastructure this body that has allowed justice to be out to meet 55 employers, some of to power this economy. Congress has denied to millions of our fellow Ameri- whom had jobs for them. The bad news the tools to build again. We have a cans harmed by Wall Street wrong- is that so many people out there are President prepared to break ground. doers. Wall Street has taken bonuses as looking for work. Thousands of people We can create the infrastructure our we’ve seen the largest transfer of in Delaware and millions across the grandchildren will need in the 21st cen- wealth from Main Street to Wall Street country are looking for work. tury. in modern history—too much power in Mr. Speaker, it’s time we vote a jobs I visited UMF of Winona to remind too few hands. bill here in the House of Representa- myself that building things is in our I am placing in the RECORD today 12 tives. The President set up the Amer- DNA, building things is the American bills Congress needs to pass to yield ican Jobs Act. It contains infrastruc- spirit. That spirit will create jobs, and long overdue justice, restore a trust- ture investments on roads, highways, it will build the economy we need in worthy competitive banking system and schools. It contains tax cuts for the 21st century. and get the big money out of politics small business. These are things that

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.003 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6631 we could all agree on here in Congress, ensure that our fighting men and But of all these rules, the Boiler and they will help businesses create women are taken care of. We need to MACT rule, which we will be discussing the jobs that people need right way in look at weapons programs that no today, stands out in that it will apply our districts. longer meet our needs, redundancies to a very wide variety of employers. It’s time we do what the people sent that can be streamlined and other pro- Not only will industrial facilities be us here to do in Washington. It’s time grams that should be more efficient. impacted, but also colleges, univer- to pass a jobs bill here in the House of I encourage my colleagues on the sities, hospitals, government buildings, Representatives. supercommittee to fight for our brave and large commercial properties. f men and women by protecting the ben- The impact on jobs projected is stag- efits they so rightly deserve. gering, but the cost will be borne by all HONORING BARBARA MIKKELSEN f of us in the form of higher tuition (Mr. GOSAR asked and was given costs, higher hospital bills, higher rent, permission to address the House for 1 REMOVAL OF NAME OF MEMBER as well as higher prices for manufac- minute.) AS COSPONSOR OF H.R. 2954 tured goods. Just about everyone will Mr. GOSAR. Mr. Speaker, today I Mr. BROOKS. Mr. Speaker, due to a be adversely impacted either directly would like to recognize Barbara clerical error, I was inadvertently or indirectly. Mikkelsen, a very special woman and a made a cosponsor on the wrong bill. As The good news is that we can reduce hometown hero doing extraordinary such, I ask unanimous consent to re- emissions from boilers without causing work for our military veterans in Pres- move myself as a cosponsor of H.R. economic harm. The EPA Regulatory cott, Arizona. 2954. Relief Act, H.R. 2250, accomplishes this Barbara joined U.S.VETS in 2004 and The SPEAKER pro tempore (Mr. goal by taking a sensible, middle has led their effort to provide afford- GOSAR). Is there objection to the re- ground, balanced approach; and I would able housing, quality health care, and quest of the gentleman from Alabama? like at this time to thank Mr. job training to the homeless veterans There was no objection. BUTTERFIELD of North Carolina, as well of the Quad Cities of northern Arizona. f as Mr. GRIFFITH of Virginia, for their Nationally, U.S.VETS feeds, clothes, sponsorship of this bipartisan bill. EPA REGULATORY RELIEF ACT OF shelters, and helps get back to work A study conducted by IHS Global In- 2011 over 2,000 veterans every year. sight, a respected research company, As the Prescott site director for Mr. WHITFIELD. Mr. Speaker, I ask found that the rules that we are talk- U.S.VETS, the largest service provider unanimous consent that all Members ing about today would impose total for homeless veterans in the United may have 5 legislative days to revise costs of over $14 billion and put at risk States, Barbara was awarded the 2011 and extend their remarks on the legis- 230,000 jobs in America at a time when national award for Site Director of the lation and to insert extraneous mate- we already have a 9.1 percent unem- Year. Additionally, the Arizona De- rials on H.R. 2250. ployment rate. My home State of Ken- partment of Veterans Services recog- The SPEAKER pro tempore. Is there tucky, under the analysis, would face nized Barb with an award of recogni- objection to the request of the gen- estimated costs of $183 million and tion and appreciation. tleman from Kentucky? 2,930 potential job losses. Twenty-five Barb has proven herself a dedicated There was no objection. other States are hit even harder. That and inspiring advocate. I applaud her The SPEAKER pro tempore. Pursu- includes at least 10,000 jobs estimated for going above and beyond the call of ant to House Resolution 419 and rule for North Carolina, Indiana, Ohio, duty. I congratulate her and am proud XVIII, the Chair declares the House in Michigan, Pennsylvania, South Caro- of the wonderful service to our mili- the Committee of the Whole House on lina, and Virginia, as well as over 5,000 tary men and women in Arizona’s First the state of the Union for the consider- job losses for Minnesota, Wisconsin, Congressional District. I challenge oth- ation of the bill, H.R. 2250. Alabama, Tennessee, Iowa, New York, ers to follow her exemplary leadership b 0916 Illinois, Maine, Georgia, Florida, Lou- and give back to their community in isiana, and Arkansas. this time of great national need. IN THE COMMITTEE OF THE WHOLE b 0920 f Accordingly, the House resolved itself into the Committee of the Whole These boiler rules largely target SERVICEMEMBERS, MILITARY House on the state of the Union for the coal-fired boilers and thus discourage FAMILIES AND BUDGET CUTS consideration of the bill (H.R. 2250) to the use of this energy source which, by (Mrs. DAVIS of California asked and provide additional time for the Admin- the way, today provides about 50 per- was given permission to address the istrator of the Environmental Protec- cent of all of the electricity produced House for 1 minute and to revise and tion Agency to issue achievable stand- in America. extend her remarks.) ards for industrial, commercial, and in- I should add that the problems with Mrs. DAVIS of California. Mr. Speak- stitutional boilers, process heaters, and EPA’s boiler rules are not the sole er, I rise today to speak in support of incinerators, and for other purposes, fault of the agency. These rules, like our servicemembers and their families. with Mr. DENHAM in the chair. many today, are being rushed out the For the last 10 years, our all-volunteer The Clerk read the title of the bill. door to comply with a court-ordered force has graciously and without com- The CHAIR. Pursuant to the rule, the deadline. EPA asked for additional plaint done all we have asked for them. bill is considered read the first time. time, but their request was refused by They have deployed, many more than The gentleman from Kentucky (Mr. the courts. EPA then published the once, leaving their friends and families WHITFIELD) and the gentleman from rules by the deadline, but immediately here at home to go fight on foreign California (Mr. WAXMAN) each will con- announced that it was reconsidering soil. trol 30 minutes. portions of them because they were so And today, during this time of budg- The Chair recognizes the gentleman complicated. However, this is not an et constraints and upcoming cuts, we from Kentucky. adequate solution, as the reconsider- must remember the sacrifice our serv- Mr. WHITFIELD. Mr. Chairman, I ation only applies to some of the many ice men and women, as well as their yield myself such time as I may con- problematic provisions in these rules; families, have made. We cannot bal- sume. and the reconsideration process is an ance our budget by cutting the benefits Since 2009, the Environmental Pro- uncertain one. In reality, it is unlikely they have earned and deserve. tection Agency has rolled out a long that all the issues can be addressed. I agree that all aspects of govern- list of regulations that are really un- So our legislation is to help EPA deal ment spending must be looked at and precedented in their cost and com- with this problem. We create a com- considered for possible cuts. In this plexity. The impacts on jobs, energy prehensive solution not only for EPA era, where our budget is so out of bal- prices, and America’s industrial com- but also for boiler owners, and we pro- ance, no one entity can be spared. How- petitiveness in the world are extremely vide the certainty that this solution ever, we have to make smart cuts and serious. will be implemented. It still requires

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.005 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6632 CONGRESSIONAL RECORD — HOUSE October 6, 2011 additional emissions reductions from cury, arsenic, dioxin, PCBs, and other with the Republican’s discretionary boilers, but it gives EPA the time it toxic emissions. This approach has CutGo policy. It is not discretionary in needs to do it right. It gives the regu- worked well. Industrial emissions of the sense that they have discretion lated community the time it needs in carcinogens and other highly toxic whether to follow it or not, but discre- order to comply. chemicals have been reduced by 1.7 tionary spending when it is mandated This bill is supported by over 300 or- million tons each year. in a bill must be paid for. The Amer- ganizations and five national labor EPA has reduced pollution from doz- ican people need to focus on the radical unions. It will require that the stand- ens of industrial sectors. More than 100 agenda of the Republicans that control ards be reasonable and take into ac- categories of sources have been re- the House of Representatives. I don’t count cost and achievability under quired to cut their pollution, and this think when the Republicans were voted real-world conditions. I believe that has delivered major public health bene- into office the American people wanted EPA’s original rules were a departure fits to the Nation. poisoning more children with mercury from the congressional intent in the But a few large source categories and letting more of our seniors die pre- Clean Air Act, and the EPA Regulatory still have not been required to control maturely because of uncontrolled air Relief Act that we’re discussing today toxic air pollution due to delays and pollution. represents a return to congressional in- litigation. Now that pollution controls I reserve the balance of my time. tent. are finally being required on industrial Mr. WHITFIELD. Mr. Chairman, I Make no mistake, under this bill that boilers and waste incinerators, this bill would like to yield 21⁄2 minutes to the we’re discussing, new standards will be would intervene and delay pollution distinguished gentleman from Ohio imposed on boiler owners and opera- controls indefinitely. It would also re- (Mr. LATTA), a member of the Energy tors. The goals of the Clean Air Act write the standard-setting provisions and Commerce Committee. can be accomplished without undue in the Clean Air Act to weaken the Mr. LATTA. Mr. Chairman, I thank cost and job losses, particularly at this level of protection and set up new hur- the gentleman for yielding, and I rise time when our Nation’s economy is dles for EPA rules. today in support of H.R. 2250. struggling, and the EPA Regulatory We’re told that this bill simply gives I’m a cosponsor of this legislation Relief Act is the way to do it. EPA the time they requested to get the which was introduced in response to So I would urge every Member of this rules right. Well, the EPA has not re- yet another overreaching EPA rule body to come forth today and help us quested this from Congress, and the proposal, this time for industrial boil- pass this legislation—help us save over President has said he’ll veto this bill if ers. This rule finalized will have dev- 230,000 jobs at risk in America that we it gets to his desk. astating effects on the Nation’s econ- can ill-afford to lose—with this bal- We’re also told that we need to pass omy and lead to further job loss, espe- anced approach to the problem. these bills because the threat of EPA cially in my home State of Ohio. With that, I reserve the balance of regulation is dragging down our econ- The community of Orrville, Ohio, my time. omy. The reality is that requiring in- which is east of me, a small city which Mr. WAXMAN. Mr. Chairman, I yield stallation of pollution controls will has just over 8,300 residents, provides a myself 5 minutes. create jobs. Fabricators and factory perfect example of the wide-ranging Today’s debate is going to seem aw- workers build the pollution controls, negative impacts of the rule. fully familiar to anyone that’s been construction workers install them on b 0930 paying attention. Today’s debate will site, and industry employees operate remind us of the bill we passed in April them. As written, the Boiler MACT rule to block any requirements to control We’ll hear over and over today, as would require Orrville Utilities, a non- carbon pollution; and the bill we passed we’ve heard in the past, about self- profit electric service provider, to in June to loosen pollution controls on serving industry studies that claim spend $40.2 million on additional con- oil companies; and the bill we passed in pollution controls will cost us jobs. trols to remain in compliance. This September to gut the Clean Air Act These studies have been thoroughly de- equates to $4,843 for every man, woman and block pollution controls on power bunked by independent experts. For in- and child living in Orrville, as well as plants; and the bill we debated yester- stance, the Congressional Research putting the utility workers’ jobs at day to ensure cement kilns don’t have Service examined the key study by the risk. to clean up their toxic air pollution. Council of Industrial Boiler Owners and While that cost increase alone would In total, the House has voted 146 concluded that it was so flawed that be devastating to the families and job times this Congress to block action to ‘‘little credence can be placed in these creators in the community, the unin- address climate change, to halt efforts estimates of job losses.’’ tended consequences reach much deep- to reduce air and water pollution, to It’s my hope this body will not be so er. For example, Smucker’s, that com- undermine protections for public lands easily misled. It was the lack of regula- pany that we all know and love which and coastal areas, and to weaken the tion of Wall Street banks that caused makes jellies, jams, apple butter, protection of the environment in other this recession, not environmental regu- spreads and other food products has ways. This is the most anti-environ- lations that protect children from been a staple of America’s homes for ment Congress in history. toxic mercury emissions. over 110 years; and it employs over Today, the House continues its fron- I oppose these bills on the substance, 1,500 people at its home factories in tal assault on public health and the en- but I also have concerns about the Orrville. Smucker’s has been a cus- vironment. The bill we consider today process as well. When Congress orga- tomer of Orrville Utilities since the es- would nullify and indefinitely delay nized at the beginning of the year, the tablishment of the utility in 1917, and EPA’s efforts to reduce toxic emissions majority leader announced that the the company’s CEO says ‘‘Smucker’s from industrial boilers and waste incin- House would be following a discre- has elected to remain in the Orrville, erators. tionary CutGo rule. Similarly, Chair- Ohio, community for many reasons, in- If this bill is enacted, there will be man UPTON on our committee stated cluding the low rates, reliable service, more cases of cancer, birth defects, and that he’d be following that same dis- and the company benefits of working brain damage. The ability of our chil- cretionary CutGo rule. Well, CBO has with a city-owned and -operated elec- dren to think and learn will be im- determined that the bill we consider tric utility.’’ paired because of their exposure to today authorizes new discretionary It is impossible for me to understand mercury and other dangerous air pol- spending and will have significant im- why anyone would support a rule that lutants. pact on the Federal budget. would force a nonprofit utility like In 1990, Congress adopted a bipartisan The CHAIR. The time of the gen- Orville to significantly raise their approach to protect the public from tleman has expired. rates, as the result of a rule EPA has toxic substances. The law directed EPA Mr. WAXMAN. I yield myself an ad- admitted was based on faulty informa- to set standards requiring the use of ditional 30 seconds. tion, and make it more difficult for Maximum Achievable Control Tech- However, this new authorization is companies that have been providing nology to control emissions of mer- not offset and the bill does not comply thousands of jobs in communities like

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.007 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6633 Orrville for over 110 years to do busi- three Clean Air Act rules that estab- people in the Ninth District. Giles ness. lish the only national limits on emis- County and communities throughout It is important to note that this bill sions of air toxics, including mercury, southwest Virginia are already facing does not ask the EPA not to regulate from certain boilers and incinerators. job losses resulting from other exces- these facilities. It only lays out a This bill would require EPA to propose sive EPA regulations. framework that allows the EPA to reg- and finalize weaker alternative rules The Boiler MACT rules are a very ulate them in a more reasonable fash- that will allow for more pollution than complex area of law and regulation. We ion, over a more reasonable time frame the law currently permits by inten- are talking about hundreds of pages of so we can protect the environment and tionally making substantial changes in rules in the Federal Register. These take advantage of all the economic how the EPA sets the standards for the rules would affect boilers used by thou- benefits that these facilities provide to rules. sands of major employers and smaller the communities and businesses they At a minimum, this Dirty Boiler En- employers, including hospitals, manu- service. abler and Enhancement bill would facturers, and even our colleges. Mr. Chairman, I urge my colleagues delay EPA reductions from boilers and By the EPA’s own estimates, compli- to support this important job-saving incinerators until at least 2018, which ance with its Boiler MACT rules will legislation. is a 3-year delay. Mr. Chairman, the impose $5.8 billion in upfront capital Mr. WAXMAN. Mr. Chairman, before science tells us that these dirty air costs and impose new costs of $2.2 bil- I recognize the subcommittee chair- toxics can cause a variety of serious lion annually. However, the Council of man, I want to indicate to the gen- health effects, including cancer, res- Industrial Boiler Owners estimates tleman from Ohio who just spoke, Mr. piratory and neurological impair- that the capital costs alone of the final LATTA, that he was giving a speech on ments, as well as reproductive prob- rules will exceed $14 billion and could the wrong rule, that this bill does not lems. The research also tells us that put more than 230,000 jobs at risk, in- pertain to the rule that he mentioned low-income families and minorities are cluding 10,000 jobs in Virginia. in his comments. disproportionately affected by toxic air b 0940 I now yield 5 minutes to the gen- pollution, including impaired neuro- tleman from Illinois (Mr. RUSH), the logical development, as well as higher The EPA Regulatory Relief Act distinguished ranking member of the rates of respiratory and cardiovascular would provide the EPA with 15 months Subcommittee on Energy and the Envi- disease because these groups are more to repropose and finalize new, achiev- ronment. likely to live closer to industrial power able, and workable rules to replace Mr. RUSH. I want to thank my lead- plant facilities. those that were published earlier this er, the ranking member of the full In fact, by the EPA’s own estimate, year. The legislation would extend the committee, for yielding this time to H.R. 2250 will allow up to tens of thou- compliance deadlines from 3 to at least me. sands of additional premature deaths 5 years to allow facilities—like Cel- Mr. Chairman, I rise today in strong and heart attacks and hundreds of anese and others—enough time to com- opposition to H.R. 2250, the Dirty Boil- thousands of additional asthma at- ply with these very complex and expen- er Enhancement and Enabler bill. tacks that could have been avoided. sive standards and to install the nec- Mr. Chairman, here we go again. This The CHAIR. The time of the gen- essary equipment. It also directs the bill represents yet another Republican tleman has expired. EPA to ensure that new rules are in unrestrained, unrestricted assault on Mr. WAXMAN. I yield the gentleman fact achievable by real-world boilers, the Clean Air Act and on our Nation’s 30 additional seconds. process heaters, and incinerators, and most fundamental environmental pro- Mr. RUSH. Mr. Chairman, it is now directs the EPA to impose the least tection laws. In fact, since the new Re- time that the radical Republican ma- burdensome regulatory alternatives publican majority has taken over, jority stop putting profits in the pock- under the Clean Air Act, consistent there’s been a constant assault against ets of dirty polluters and stop putting with the act and President Obama’s the Environmental Protection Agency dirty air in the lungs of the American Executive order. and the clean air policies that they en- people. Now is the time for the Repub- Despite what opponents may say, force on behalf of a few of the most av- licans to cease their unending assault this bill recognizes the need for reason- aricious, opportunistic, and dirtiest on the Environmental Protection able boiler regulations. This is not an polluters ever known in the history of Agency. attempt to forego the rules entirely. mankind and to the detriment of the Mr. Chairman, I urge all my col- Under H.R. 2250, the EPA must issue American public as a whole. leagues to oppose this egregious and replacement rules and must set compli- Since the new Tea Party-led major- dangerous bill. ance dates. The bill simply provides ity has taken control of this Congress, Mr. WHITFIELD. I would like to sufficient time for the government to this body has passed bill after bill that yield 4 minutes to the primary sponsor get the rules right and come up with a will weaken our Nation’s most basic of the legislation, the gentleman from more reasonable and achievable ap- clean air and clean water regulations. Virginia (Mr. GRIFFITH), a member of proach that protects the public with- One of the very first bills that this new the Energy and Commerce Committee. out imposing unnecessary costs on radical Republican majority passed out Mr. GRIFFITH of Virginia. I rise businesses that employ thousands of of the Energy and Commerce Com- today in support of H.R. 2250, the EPA hardworking Americans. mittee, H.R. 910, was a direct frontal Regulatory Relief Act of 2011. Protecting jobs is an issue that tran- attack to the EPA’s ability to even Excessive regulations are threat- scends party lines. This commonsense regulate greenhouse gas emissions at ening jobs across the Nation. We all bill represents a compromise. Like any all, despite the warnings and evidence recognize the need for reasonable regu- compromise, the language of H.R. 2250 from those in the scientific community lations to protect the public. There are is not what I might have done if I were that these gases directly contribute to good regulations that ensure public acting alone. However, this bill climate change. safety and protect our environment. brought together a group of legislators Last month, the radical Republican But there are also unnecessary and un- from both sides of the aisle with a rea- majority followed that up with H.R. reasonable regulations that hurt jobs sonable approach and reasonable lan- 2401, the TRAIN Wreck Act, which will in some of our Nation’s most critical guage. The EPA Regulatory Relief Act repeal and block smog, soot, mercury industries. has 126 bipartisan cosponsors. and air toxics standards for power Recently, a representative from Cel- America’s job creators are also plants that will potentially save thou- anese, a chemical company in the speaking out in support of this bill. sands of lives and avoid hundreds of Ninth District of Virginia, which I’m The EPA Regulatory Relief Act has re- thousands of asthma attacks in this proud to represent, testified that the ceived hundreds of support letters from Nation. EPA’s Boiler MACT rules, as written, businesses, unions, and trade associa- Now, here we are today debating H.R. could force them to significantly scale tions. Understand, the investments re- 2250, the Dirty Boiler Enhancement back or change operations at a plant in quired by these rules are irreversible. and Enabler bill, which would vacate Giles County that employs hundreds of For those businesses that decide to

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.009 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6634 CONGRESSIONAL RECORD — HOUSE October 6, 2011 stop producing their product at a par- But when it comes to regulations extended beyond 5 years is if the EPA ticular location, the job losses are also that would decrease the amount of administrator, herself, decides to do so. irreversible. toxic pollutants in our air or water, ap- At this time I would like to yield 21⁄2 The good news here is excessive regu- parently the same Federal agencies minutes to the gentleman from Geor- lations are reversible and fixable. We that evaluate hazardous pollutants in gia, Dr. GINGREY, a member of the com- must fix unreasonable regulations like the first place just need more time to mittee. the Boiler MACT rules and keep the review the science, more time to un- Mr. GINGREY of Georgia. Mr. Chair- focus on protecting valuable American derstand the technologies, more time man, I rise in strong support of H.R. jobs. before doing anything to make our 2250, the EPA Regulatory Relief Act of The CHAIR. The time of the gen- water safer to drink, make our air 2011. tleman has expired. safer to breathe, and protect the health b 0950 Mr. WHITFIELD. I yield the gen- of children around the country. tleman an additional 30 seconds. And it also turns out that Repub- This important legislation will great- Mr. GRIFFITH of Virginia. Mr. licans don’t always turn a blind eye to- ly reduce the onerous regulatory bur- Chairman, I urge all of my colleagues wards the health effects of toxic chemi- den caused by what is commonly re- to join me in supporting the EPA Reg- cals. Three months ago, as our country ferred to as Boiler MACT, the Boiler ulatory Relief Act of 2011. I appreciate stood on the edge of default due to Tea MACT rule that has been proposed by this opportunity to carry this impor- Party brinksmanship, House Repub- the EPA. tant legislation, which will protect licans chose to vigorously debate a bill Furthermore, I commend the spon- jobs not only in the Ninth District of to ban compact fluorescent light bulbs. sors of the bill and fellow members of Virginia, but across these United During that debate, Republicans re- the Energy and Commerce Committee, States. peatedly told us that the mercury Chairman WHITFIELD, Mr. GRIFFITH of Mr. WAXMAN. Mr. Chairman, I wish vapor from those light bulbs is dan- Virginia, and Mr. BUTTERFIELD of to yield 5 minutes to the gentleman gerous and that exposing our citizens North Carolina, for their leadership on from Massachusetts (Mr. MARKEY). to the harmful effects of the mercury this important issue. Mr. MARKEY. I thank our leader contained in CFL light bulbs is likely Unfortunately, the Boiler MACT rule from California. to pose a hazard for years to come. Yet has the potential to cost a broad base I just want to say that these bills the bills considered today would result of industries a total of nearly $14.4 bil- represent a toxic assault that com- in nearly 16,600 pounds of extra mer- lion in compliance costs, and it could promises public health for polluter cury vapors being released directly jeopardize upwards of 225,000 jobs. In wealth. Republicans are continuing into the air, and that’s just in 1 year. my home State of Georgia alone, the their war on the environment with epi- That is the equivalent of 2.5 billion Boiler MACT rule would put nearly sode 37 of the Clean Air Act repeal-a- compact fluorescent light bulbs. And 6,400 jobs at risk. At a time when 14 thon. It is a tried-and-true, three-part the mercury released as a result of million Americans are out of work, we Republican strategy: these bills is not the kind you can need to take the necessary steps to pre- First, pass legislation that repeals sweep off the living room floor or vent adding even more people to these regulations that have already been set. throw into a trash can. This is the mer- unemployment rolls. Second, indefinitely delay new regula- cury released directly into the air that Mr. Chairman, H.R. 2250 would sim- tions from ever being set. And third, we all breathe and finds its way into ply delay this rule by 15 months in just for good measure, include a provi- the food that we eat. order to insert much-needed common sion that eviscerates the very If the regulation to remove mercury sense into this rulemaking process. By underpinnings of effective Federal law from cement plants—which is already providing this important delay, there and deters any effort to protect the 13 years overdue—is delayed for even 1 will be ample time for the EPA to craft health and well-being of millions of year, up to 2,500 people will die pre- rules that will take into account the Americans. maturely, there will be 17,000 cases of economic impact of these regulations Make no mistake, that is what we aggravated asthma, and 1,500 people and to provide industries with the are doing here this week. These bills will suffer heart attacks. needed time for their implementation. block and indefinitely delay implemen- The CHAIR. The time of the gen- This has the potential of creating more tation of the rules that would reduce tleman has expired. certainty in the marketplace than cur- hazardous air pollution, such as mer- Mr. WAXMAN. I yield the gentleman rently exists and will help spur eco- cury, lead, and cancer-causing sub- an additional 30 seconds. nomic growth. stances released from cement kilns and Mr. MARKEY. I thank the gen- Mr. Chairman, critics of this legisla- industrial boilers, and do so in callous tleman. tion will say that we are simply ignor- disregard for adverse impacts those If the regulation to remove mercury, ing the Clean Air Act and risking irre- pollutants have on public health, par- lead, and cancer-causing toxins from sponsible harm to our environment. ticularly on the health of infants and incinerators and industrial boilers— Let me assure my colleagues that this children. which is already 11 years overdue—is argument is false. The intent of H.R. Republicans have decided to stage delayed for even 1 year, there will be 2250 is not to completely repeal this en- their own public event today on the 6,600 people who will die prematurely vironmental rule. The legislation seeks floor: Occupy Stall Street. But lest you and people will miss 320,000 days of to correct the regulatory overreach by think that Republicans always want to work and school. the EPA, especially in this depressed delay regulations, it turns out that The Republicans are presenting yet economy, and to reconfigure this rule sometimes they want to speed up the another false choice to the American so that it can be functional for indus- wheels. people. We do not have to choose be- tries and save much-needed jobs in the Republicans voted to tell EPA to tween manufacturing and mercury. We process. hurry up and make decisions to issue do not have to choose between concrete So, Mr. Chairman, in closing, I urge air permits for drilling rigs off the pris- and cancer. We can have both clean air all my colleagues to please support tine coast of Alaska. Republicans have and a healthy manufacturing sector. H.R. 2250. voted to give the Department of the In- I urge my colleagues to vote ‘‘no’’ on Mr. WAXMAN. Mr. Chairman, before terior a mere 30 days to approve permit this terrible Republican cancer-causing I yield, I want to set the record applications for drilling in the gulf at bill out here on the floor today. straight. Our distinguished colleague the same time they block legislation to Mr. WHITFIELD. I might just note on the other side of the aisle said that implement any drilling reform in the to the gentleman from Massachusetts this bill would provide 15 months to wake of the BP disaster. And they’ve that our legislation does not postpone promulgate a rule and then 5 years to also voted to reduce the time allowed this indefinitely. EPA has 15 months comply. There are 15 months to pro- for environmental review so that the after passage of the bill to come out mulgate the rule, but there’s no re- State Department would approve the with the regulations and 5 years to quirement that there ever be compli- Keystone pipeline as soon as possible. comply. And the only way they can be ance.

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.011 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6635 I want to also point out that this ar- the outrageous and inflexible negotia- no deadline for industry compliance. gument about jobs being lost is abso- tions and regulations. This bill does more than just offer a lutely wrong for four reasons, and four In my district alone, the Boiler pass from regulation. It also ensures reasons you shouldn’t believe them. MACT rules threaten more than 800 that any final regulation will be weak- First, the claims are based on fun- good-paying manufacturing jobs. These er than what the law requires. damentally flawed studies, bought and are not jobs that can be re-created. The final section of this bill deals paid for by the regulated industry. Once eliminated, they’re gone. Several with the Clean Air Act’s most protec- Second, the rules are stayed. EPA is weeks ago Assistant Administrator tive legal standard for reducing toxic in the process of redoing them, and not Gina McCarthy stated arrogantly, I air pollution, the Maximum Available one of these studies has analyzed the don’t want to create the impression Control Technology. After 20 years, actual final rule. that EPA is in the business of creating we’re replacing it with the absolutely Third, EPA has done a rigorous 251- jobs. least protective of measures, called page economic analysis, and found that I feel that statement’s inappropriate ‘‘work practice standards’’ such as the boiler rules issued in February and unfeeling toward those who have equipment tuneups that need not even would be expected to create over 2,000 lost their jobs and lost the ability to reduce emissions. jobs. provide for their family’s future. H.R. Pass this bill and you sentence hun- And finally, history tells us to be 2250 is a clear statement by Congress dreds of thousands to asthma attacks very, very skeptical of industry claims that EPA slow down and allow for rea- and a lifetime of health complications. that the sky is falling. EPA is in the soning along with some regulations. Pass this bill and you saddle our econ- process of rewriting these rules. I say The President said that his adminis- omy with unnecessary costs and em- to the industry, let us work together to tration would be the most transparent ployers with millions of additional sick fashion legislation that will solve the in history. Instead, we find clandestine days. Pass this bill and you trigger an immediate problems, a bill that can be models, cherry-picking of data, double- additional 20,000 heart attacks. Pass signed by the President, not this bill, counting of benefits, and a failure to this bill and you condemn tens of thou- which may never see the light of day follow basic peer review guidelines. sands of Americans to a premature out of the Senate, and if it did, the This is a recipe for losing the public’s death. President has indicated he would veto trust. EPA needs a timeout, and this it. bill provides it. I now yield 1 minute to the gen- I urge all my colleagues to support b 1000 tleman from Georgia (Mr. BARROW), a this bill. Mr. Chairman, the Cement Sector member of our committee. Mr. MARKEY. Mr. Chairman, can Regulatory Relief Act that unfortu- Mr. BARROW. I thank the ranking you inform us as to how much time is nately will pass today and the TRAIN member for the time to express an- remaining on both sides? Act that passed 2 weeks ago constitute other view on the legislation. The CHAIR. The gentleman from an all-out war between this Nation’s I’m proud to be an original sponsor of Massachusetts has 11 minutes remain- dirtiest industries and the Federal the EPA Regulatory Relief Act. This ing, and the gentleman from Kentucky agency charged with protecting the 1 legislation was drafted in response to has 13 ⁄4 minutes remaining. public’s health. EPA has become the new EPA regulations on emissions Mr. MARKEY. I yield 5 minutes to symbol, the center, of a debate over the from industrial boilers. I believe those the gentleman from Virginia (Mr. role of government. It’s a sad com- regulations, however well meaning, MORAN). mentary for this Chamber that an in- cannot reasonably be met with today’s Mr. MORAN. I thank my very good dustry that prefers to invest in the po- technologies. I believe that this bill is friend for yielding to me. litical process rather than in saving a more reasonable solution than that Mr. Chairman, a rigorous peer-re- lives by reducing harmful emissions is proposed by the EPA. viewed analysis, called ‘‘The Benefits in fact winning the debate. The choice before us is not between and Costs of the Clean Air Act from the two mutually exclusive outcomes 1990 to 2020,’’ conducted by the Envi- In fact, the coal consuming indus- of dirty air or more jobs. Our challenge ronmental Protection Agency, found tries that have underwritten this as- is to promote policies that serve both. that the air quality improvements sault on EPA were invited early on I think this bill strikes a better bal- under the Clean Air Act will save $2 during the first year of the Obama ad- ance. It will spur industry to make in- trillion by 2020, and prevent at least ministration to sit down and craft a vestments that cut down on harmful 230,000 deaths annually—230,000 lives compliance option. The administration air emissions, while minimizing the saved on an annual basis. We could had hoped to craft a deal similar to the chances of negative economic con- save four times the number of people historic deal it made with the Nation’s sequences and job losses. killed each year in automobile acci- auto industry on fuel efficiency and I’m proud to have worked in a pro- dents by reducing air pollution. tailpipe emissions. An article by Coral ductive, bipartisan way to get this bill Yet, just 2 weeks ago, this Chamber Davenport in the September 22 issue of to the floor, and encourage my col- approved legislation to block the EPA the National Journal referenced this leagues’ support. from implementing rules to clean up meeting. But unlike the auto industry, Mr. WHITFIELD. At this time I the single largest stationary source of the coal consuming industries refused would like to yield 2 minutes to the air pollution. That legislation gave to negotiate. distinguished gentleman from Texas this Nation’s oldest and dirtiest coal- Instead, and let me quote from the (Mr. HALL), who’s chairman of the fired power plants another pass to pol- article, they ‘‘banded together with the Science Committee. lute and avoid compliance with the Republican Party to strategize, and the Mr. HALL. Mr. Chairman, Chairman Clean Air Act. 2010 midterm elections offered the per- WHITFIELD, of course I rise in support Today we’re considering legislation, fect battleground. The companies in- of H.R. 2250. the EPA Regulatory Relief Act, to ex- vested heavily in campaigns to elect As policymakers, it’s our job to use empt the second-largest source of haz- Tea Party candidates crusading common sense and judgment to balance ardous air pollution: Industrial and against the role of Big Government. In- the universal priorities of a strong commercial boilers, process heaters, dustry groups (like the U.S. Chamber economy, security at home and secu- and commercial and industrial solid of Commerce), Tea Party groups with rity abroad, and healthy communities. waste incinerators. deep ties to polluters (like Americans And this country has a history of re- Under this bill, these large boilers for Prosperity), and so-called super markable achievement in addressing and incinerators would be given at PACs (like Karl Rove’s American these priorities. However, with an un- least a 75-month pass from regulation; Crossroads) spent record amounts to employment rate of more than 9 per- a 15-month delay before any new rules help elect the new House Republican cent, it’s irresponsible for the execu- could be issued, and an additional 5 majority.’’ tive branch to stifle job growth and, for years beyond that delay before any new My colleagues, this is a bill peddled that matter, to create job loss through emission standards could be issued; and by an industry that refuses to clean up

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.013 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6636 CONGRESSIONAL RECORD — HOUSE October 6, 2011 its act. Hundreds of thousands of peo- be forced to spend $8 million on manda- this debate today because it is crystal ple owe their lives today to the envi- tory upgrades. That’s $8 million that clear whose side the majority is so on: ronmental movement, leaders in Con- cannot be spent on retaining or cre- industry polluters, not the American gress, and the White House who pushed ating jobs. people. for and passed the landmark environ- The EPA Regulatory Relief Act re- Mr. WHITFIELD. Mr. Chairman, I mental laws back in the 1970s that re- quires the EPA to set realistic, achiev- may say to the gentleman from Min- quired polluters to clean our waters able, fact-based standards that will not nesota, I don’t know exactly what he’s and reduce the pollution in the air we destroy jobs while still protecting the talking about when he says ‘‘bought breathe. environment. I urge my colleagues to and paid for by industry.’’ I might say In the decade after the 1990 Clean Air support this pragmatic, commonsense that this legislation is being offered be- Act Amendments were signed into law solution. cause hospitals, schools, industry, a by the first President Bush, our unem- I again thank the gentleman for wide range of interests, have come to ployment rate declined, our economy yielding. us and asked for help, and the insinu- grew, and we reduced acid rain-forming Mr. MARKEY. I yield 3 minutes to ation that we were bought and paid for gases by more than 30 percent. the gentleman from Minnesota (Mr. by industry is a little bit of an affront The CHAIR. The time of the gen- ELLISON). to this institution. tleman has expired. Mr. ELLISON. Let me thank the gen- At this time I would like to yield 2 Mr. MARKEY. I yield the gentleman tleman from Massachusetts. minutes to the gentleman from Texas an additional 30 seconds. Mr. Chairman, a number of very pas- (Mr. OLSON), a member of the Energy Mr. MORAN. Mr. Chairman, the cost sionate and well-informed speakers and Commerce Committee. of meeting the emission reductions was have come before this body today to Mr. OLSON. I thank the chairman of actually 75 percent less than what EPA urge a ‘‘no’’ vote based on facts and the subcommittee. had originally predicted and even far- based on research. All this is extremely Mr. Chairman, President Obama’s ther below what opponents had important, and I’m so glad they did it, regulatory agenda, being led by the claimed. In the case of the rule for but for the people watching this debate EPA, is going to kill the American boilers and solid waste incinerators, today, they need to know one thing, pulp and paper industry. My father EPA issued its proposed standards in and that is that this legislation is spent his entire career in the pulp and April of this year, 11 years after the bought and paid for by industry so that paper industry, so I know firsthand statutory deadline. They listened to af- people could try to save money at the that if the misguided Boiler MACT fected businesses, they cut compliance expense of people’s health and their rules are allowed to be implemented, 36 costs by a half and issued a modified, lives, and this is exactly what’s going mills across this country will close and final rule in February. on here today. more than 80,000 jobs will be lost. Mr. Chairman, EPA is doing every- What’s going on here today is that These jobs will be lost because of the thing the law requires and that the industry interests backed candidates EPA’s failure to understand the basics public health requires. This body ought who come here today to offer legisla- of how this industry works. to do the same and defeat this bill. tion that would allow the cement in- 1010 Mr. WHITFIELD. I yield 2 minutes to dustry, the coal-fired power industry b the distinguished lady from Wash- and the boiler industry users to just The industry does not—does not—im- ington State (Mrs. MCMORRIS ROD- dump mercury and other junk into the pose reasonable regulations. They are GERS), a member of the Energy and air that makes you sick. just asking to have regulations based Commerce Committee. And as we’re talking about jobs, what on sound science, which can be Mrs. MCMORRIS RODGERS. I thank about a jobs bill that could put Ameri- achieved with technology that is cur- the chairman for yielding, and I appre- cans to work, as opposed to saying, rently available here in the real world. ciate his leadership on this important we’re just going to get rid of all the Mr. Chairman, we need to stop ex- issue. regulations in America? What if we porting American manufacturing jobs. Mr. Chairman, I rise today in strong just got rid of all the regulations in I urge my colleagues to vote ‘‘yes’’ on support of H.R. 2250, the EPA Regu- America? We would be sicker, we would H.R. 2250, the EPA Regulatory Relief latory Relief Act of 2011. At a time die sooner, and we would be much less Act of 2011, to create an immediate when our Nation’s economy continues of a country. What if we just said that positive impact on American jobs and to struggle and unemployment remains we’re going to put the health of Ameri- the recovery of our economy. far too high, Congress should focus on cans up front, that we’re going to actu- Mr. MARKEY. I yield myself 1 legislation that will keep and create ally introduce a jobs bill like the minute. jobs in America, not suffocate them or American Jobs Act? What if we did What we have here today is just one send them overseas. As an original co- those things? America would be back more episode in what is a 1-year Repub- sponsor of this legislation, I know it on track. But maybe some of these big lican control of the Congress, which will do just that. industrial polluters would be a little has seen a litany of industries that no Last week, I was home in eastern sadder. longer want to make the air cleaner, Washington on an energy and jobs tour I say today, Mr. Chairman, that this that no longer want to make the water where I met with citizens, small busi- Congress should reject the attack on safer to drink. nesses, and job creators. Whether I was Americans’ health. In the last 3 weeks, We come out here on the House floor up in Colville or in Spokane, the mes- we have seen industry polluters from with Republican leadership in order to sage was clear: The Federal Govern- the industry that uses these boilers, repeal the laws, to water down the laws ment is making it harder to manufac- the cement industry and coal-fired to protect children from mercury, to ture, harder to produce, and harder to power plant industry, be able to just protect children from contracting asth- innovate anything in America. The run amok on the people’s health, and ma. That’s what this is all about. The anxiety and the uncertainty caused by we have yet to see a single jobs bill in EPA used to stand for the Environ- the Federal Government’s record regu- the course of the 250-plus days that this mental Protection Agency. Now it latory overreach is destroying any majority has been in the hands of the stands for ‘‘every polluter’s ally’’ out chance of economic recovery. Republicans. here. They all come out here, and they Like the ozone standard, the simple This is a national disgrace. The want to ensure that the laws are wa- truth is the new, stricter Boiler MACT American people said they wanted jobs. tered down. regulations will have a disastrous ef- They haven’t gotten them. The Amer- That’s what we’re fighting. That’s fect on our economy. The EPA, itself, ican people say they want to be well what Democrats are fighting here. says that these rules will cost thou- and healthy. They are seeing assaults We’re fighting to ensure that the water sands of jobs. Independent studies say on that. This is something that the stays clean, that the air stays safe to up to 224,000 jobs could be lost. One ex- American people need to bring their at- breathe. The boiler industry is saying, ample is in eastern Washington, where tention to, Mr. Chairman; and I hope no, there’s not enough mercury that the Ponderay Newsprint Company will that people are paying attention to gets sent up into the air; there’s not

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.016 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6637 enough mercury that goes into the This is just another example of failed from creating jobs, from having your lives of children in our country. We’re leadership, and it is our duty to the business grow so that more people can going to fight that. American people to ensure that the have great opportunities to live the I reserve the balance of my time. EPA does not continue down the same American Dream?, there is a consistent Mr. WHITFIELD. I would like to re- path that will only lead to job loss. theme that they all say, that it’s the mind the gentleman from Massachu- The new rules affect approximately regulations coming out of Washington, setts that there is a large number of 200,000 boilers. These boilers burn nat- D.C., coming out of the Obama admin- Democrats on this legislation. ural gas, fuel oil, coal, biomass, refin- istration. That is the prime reason At this time I yield 2 minutes to the ery gas, or other gas to produce steam, that is holding them back from cre- gentleman from California (Mr. HER- which is used to generate electricity or ating good jobs in this country. GER). to provide heat for factories and other Of course, we’ve seen it in southeast Mr. HERGER. Mr. Chairman, I rise in industrial or institutional facilities or Louisiana—we’ve got tough times—but support of H.R. 2250, which will protect schools. if you go all throughout the country, American jobs from the EPA’s unneces- This will especially affect the eco- you’ll see the same thing. Just look at sary and economically destructive nomic outlook in the agriculture com- the numbers from outside groups that Boiler MACT regulations. At this time munity. Agriculture accounts for more have actually tried to figure out just of high unemployment and economic than 950,000 jobs both on and off the how devastating the impact would be hardship, the EPA wants to require the farm—a large portion of the American of just this boiler regulation if it were costly retrofitting of boilers at small economy. In Tennessee, 13.8 percent of to go into effect by the EPA. Over 1,500 businesses, energy plants, schools, and the workforce is employed in agri- boilers across this country are at risk, churches in the northern California culture, and these are jobs we cannot and you’re talking about over 230,000 congressional district I represent and afford to lose to government overreach. jobs. Just look at some of the States— across the Nation. If forced to replace current coal-fired I mean, the State of North Carolina, This regulation is another example of boilers with natural gas-fired boilers at the State of Indiana, the States of the Obama administration standing in this time, there is no doubt that the Ohio, Michigan, Pennsylvania. Each of the way of job growth. The Department cornerstone of our economy would suf- those States will lose over 10,000 jobs if of Commerce estimates that the 276 fer. this radical EPA regulation goes into pages of Federal regulations could Or consider Eastman Chemical, a effect. eliminate as many as 60,000 U.S. jobs manufacturing company headquartered The President is running around the nationwide. The EPA’s own fact sheet in my district. Eastman generates $6.9 country, saying, Pass this bill. He was says that implementing these rules billion in revenue and employs over saying pass this bill before he even will cost more than $5 billion. 11,000 Tennesseans. There is no doubt filed the bill. Here is an actual bill on In August of 2010, the Small Business these new regulations would negatively the floor of the House of Representa- Administration explicitly warned the impact their business, the effects of tives that will save over 230,000 jobs EPA that these regulations were too which they estimate for their company that will be lost; yet the President extreme and would harm small busi- alone would be in the tens of millions wants to ram through this radical reg- nesses. Unfortunately, the EPA did not of dollars. In fact, the Boiler MACT ulation anyway in spite of the fact that heed this warning. In addition, the regulations could cost the manufac- all those jobs will be lost. boiler regulation will impose substan- turing sector over $14 billion in capital, b 1020 tial and unnecessary costs for Ameri- plus billions more in annual operating cans to use biomass energy—an essen- costs; and complying with the inciner- I think the American people under- tial part of job growth in the northern ator standards could cost even billions stand what’s going on. They’re saying California district I represent. Biomass more. sanity needs to be reinvoked in Wash- is a clean and renewable energy source As the EPA has acknowledged, the ington in this administration. that could help increase our energy rules were finalized with serious flaws Stop running jobs out of the country. supplies and manage our overgrown because the EPA was forced to meet a Let’s put commonsense reforms in and fire-prone forests while creating strict court-ordered deadline. This place. This bipartisan legislation does much needed jobs. commonsense legislation does not re- that. I urge my colleagues to support this peal these rules; it simply allows time Mr. MARKEY. I yield 30 seconds to legislation, which will protect jobs and to come up with a plan to support the gentleman from Virginia (Mr. ensure that this costly regulation does clean air efforts without more burden- MORAN). not go into effect. some regulations on job creators. Mr. MORAN. I thank the gentleman Mr. MARKEY. I would ask the Chair I urge my colleagues to support this for his leadership. if we could review again how much important legislation. I would like to quote Bruce Bartlett, time is remaining. Mr. MARKEY. I continue to reserve who was the economics adviser to both The CHAIR. The gentleman from the balance of my time. President Ronald Reagan and Presi- Massachusetts has 13⁄4 minutes remain- Mr. WHITFIELD. At this time I yield dent George H. W. Bush. He said this in ing. 2 minutes to a member of the Energy an article in The New York Times this The gentleman from Kentucky has 9 and Commerce Committee, the gen- week. minutes remaining. tleman from Louisiana (Mr. SCALISE). ‘‘Republicans have a problem. People Mr. MARKEY. I reserve the balance Mr. SCALISE. I want to thank the are increasingly concerned about un- of my time. gentleman from Kentucky for yielding. employment, but Republicans have Mr. WHITFIELD. At this time I yield I really want to thank him for bringing nothing to offer them. The GOP op- 3 minutes to the gentleman from Ten- this jobs bill to the House floor. poses additional government spending nessee, Dr. ROE. This legislation, this EPA regulatory for jobs programs and, in fact, favors Mr. ROE of Tennessee. I thank the reform bill, is critical to saving tens of big cuts in spending that would be like- chairman for yielding. thousands of jobs—over 100,000 jobs—in ly to lead to further layoffs at all lev- I rise today in support of this legisla- America that are at risk if the EPA is els of government. Republicans favor tion. We cannot afford to enforce the able to get away with yet another rad- tax cuts for the wealthy and corpora- proposed MACT regulations, especially ical regulation they’re trying to imple- tions, but these had no stimulative ef- when unemployment exceeds 9 percent. ment. fect during the George W. Bush admin- These new burdensome regulations When I go throughout southeast Lou- istration and there is no reason to be- would result in the loss of over 200,000 isiana and talk to job creators, our lieve that more of them will have any jobs, over 8,400 of which are in Ten- small business owners—the people who today. And the Republicans’ oft-stated nessee. are struggling in this tough economy concern for the deficit makes tax cuts When will this administration learn but who still want to try to create a hard sell. On August 29, the House that further burdening the job creators jobs—and when I ask them, What are majority leader, ERIC CANTOR of Vir- does not create jobs? the things that are holding you back ginia, sent a memorandum to members

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.018 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6638 CONGRESSIONAL RECORD — HOUSE October 6, 2011 of the House Republican Conference, they argue that what the country the chair, Mr. DENHAM, Chair of the telling them to make the repeal of job- needs is more mercury, more arsenic, Committee of the Whole House on the destroying regulations the key point in more cadmium, more asthmas, more state of the Union, reported that that the Republican jobs agenda. Evidence mercury poisoning, more carcinogens Committee, having had under consider- supporting Mr. CANTOR’s contention that harm the health of our country. ation the bill (H.R. 2250) to provide ad- that deregulation would increase un- So not only do they not help the ditional time for the Administrator of employment is very weak. As one can health of our economy by bringing out the Environmental Protection Agency see, the number of layoffs nationwide a jobs bill, instead they bring out bills to issue achievable standards for indus- caused by government regulation is that hurt the health of the American trial, commercial, and institutional minuscule and shows no evidence of people where they live and their fami- boilers, process heaters, and inciner- getting worse during the Obama ad- lies. That’s what their agenda has been ators, and for other purposes, had come ministration.’’ all about since the day they took over to no resolution thereon. The CHAIR. The time of the gen- in January, and that’s the agenda that f tleman has expired. we are voting on here today. Mr. WHITFIELD. May I ask how Vote ‘‘no’’ on this Republican health- CEMENT SECTOR REGULATORY much time remains, Mr. Chairman? killing bill. RELIEF ACT OF 2011 The CHAIR. The gentleman from I yield back the balance of my time. The SPEAKER pro tempore. Pursu- Kentucky has 4 minutes remaining, Mr. WHITFIELD. In closing, I would ant to House Resolution 419 and rule and the gentleman from Massachusetts urge every Member of this body to sup- XVIII, the Chair declares the House in has 11⁄4 minutes remaining. port H.R. 2250. We believe that it is the Committee of the Whole House on Mr. WHITFIELD. I yield 2 minutes to genuinely a balanced approach. EPA the state of the Union for the further the distinguished gentleman from Wis- even was trying to convince the court consideration of the bill, H.R. 2681. consin (Mr. DUFFY). that their rule was a good rule, the old Mr. DUFFY. I appreciate the gen- rule. b 1030 tleman from Kentucky for yielding. To just give you a very concrete ex- IN THE COMMITTEE OF THE WHOLE I come from central and northern ample of this, of the practical impacts Accordingly, the House resolved Wisconsin where we have a large forest of what’s going on here, EPA went to itself into the Committee of the Whole products industry. We make a lot of the court last December when it asked House on the state of the Union for the paper in Wisconsin. And if you look at for time to fix the Boiler MACT rules, further consideration of the bill (H.R. these rules, they are going to have a which the court denied it, and pointed 2681) to provide additional time for the significant impact on Wisconsin paper, out that the investments required by Administrator of the Environmental real jobs that support our families. industry are irreversible. Protection Agency to issue achievable Domtar Industries, 1,400 jobs; Flam- An example of that, representatives standards for cement manufacturing beau River Paper, 300 jobs; New Page, of Notre Dame University came to our facilities, and for other purposes, with 3,200 jobs; Wausau Paper, 1,600 jobs. hearing. And in order to comply with Mr. DENHAM (Acting Chair) in the So we look at these regulations that the Boiler MACT rules issued in 2004, chair. are going to increase the standard on which were invalidated by the court, The Clerk read the title of the bill. our boilers. And if you increase those the University of Notre Dame spent $20 The Acting CHAIR. When the Com- standards, causing our companies to million, and now they’re not in compli- mittee of the Whole rose on Wednes- spend millions of more dollars to meet ance with the new rule, so they’re day, October 5, 2011, a request for a re- those standards, what’s going to hap- going to have to come forth with addi- corded vote on amendment No. 3 print- pen? You are going to ship Wisconsin tional millions of dollars. ed in the CONGRESSIONAL RECORD by paper to China and Brazil. And what So that’s happening not only at the the gentlewoman from Maryland (Ms. happens there? They don’t have the University of Notre Dame, that’s hap- EDWARDS) had been postponed. same standards that we have. And, in pening at just about every university Pursuant to clause 6 of rule XVIII, the end, what’s going to happen is around the country, hospitals around proceedings will now resume on those we’re going to outsource Wisconsin the country, small businesses around amendments printed in the CONGRES- jobs and our paper is going to be made the country, small utilities around the SIONAL RECORD on which further pro- with reduced standards. country. So if we don’t take some ac- ceedings were postponed, in the fol- I think in the end, those who care tion, there are going to be a lot less, lowing order: about our environment, who care about many fewer jobs in the economy than Amendment No. 23 by Mr. COHEN of standards to make sure we have clean there are today, because testimony Tennessee. water and clean air, if you look over to after testimony after testimony has in- Amendment No. 5 by Mr. KEATING of China, they don’t have those same dicated that entities cannot meet these Massachusetts. standards. But, in the end, we breathe new rules, are going to have to close Amendment No. 3 by Ms. EDWARDS of the same air and drink the same water. down and lose jobs. Maryland. So let’s make sure we have efficient So one way that we can help the ad- The Chair will reduce to 2 minutes standards that can keep American in- ministration create jobs is to prevent the time for any electronic vote after dustry and Wisconsin paper in business the loss of jobs. If this administration the first vote in this series. and doesn’t shift these jobs overseas. would assert more common sense in AMENDMENT NO. 23 OFFERED BY MR. COHEN Mr. MARKEY. I yield myself such their rules, we could remove some of time as I may consume. the uncertainty to help us create more The Acting CHAIR. The unfinished The Republicans have yet to bring a jobs in America. business is the demand for a recorded job creation bill out here on the House I would urge every Member to sup- vote on the amendment offered by the floor in the 10 months they have con- port 2250. It’s a balanced approach. It gentleman from Tennessee (Mr. COHEN) trolled the Congress. protects health, protects industry, and on which further proceedings were Instead, what they’re doing is re- provides a more commonsense ap- postponed and on which the noes pre- sponding to industries who do not want proach to this significant problem. vailed by voice vote. to make the air cleaner, who do not With that, I yield back the balance of The Clerk will redesignate the want to make the water safer for the my time. amendment. children of our country to drink and to The CHAIR. All time for general de- The Clerk redesignated the amend- breathe. And, instead, they make the bate has expired. ment. case that making the environment Mr. WHITFIELD. Mr. Chairman, I RECORDED VOTE cleaner kills jobs when we know that move that the Committee do now rise. The Acting CHAIR. A recorded vote all evidence says it creates more jobs, The motion was agreed to. has been demanded. because it spurs innovation in new Accordingly, the Committee rose; A recorded vote was ordered. technologies that create jobs that and the Speaker pro tempore (Mr. The vote was taken by electronic de- make our economy stronger. Instead, GRIFFITH of Virginia) having assumed vice, and there were—ayes 172, noes 248,

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.021 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6639 answered ‘‘present’’ 1, not voting 12, as Hall McCotter Roskam [Roll No. 761] follows: Hanna McHenry Ross (AR) Harper McKeon Ross (FL) AYES—162 [Roll No. 760] Harris McKinley Royce Ackerman Green, Al Neal Hartzler McMorris Runyan Andrews Grijalva Pallone AYES—172 Hastings (WA) Rodgers Ryan (WI) Baca Gutierrez Pascrell Ackerman Green, Al Nadler Hayworth Meehan Scalise Baldwin Hahn Pastor (AZ) Andrews Green, Gene Napolitano Heck Mica Schilling Bass (CA) Hanabusa Payne Hensarling Baca Grijalva Neal Miller (FL) Schmidt Becerra Hastings (FL) Pelosi Herger Miller (MI) Baldwin Gutierrez Pallone Schock Berkley Heinrich Perlmutter Herrera Beutler Miller, Gary Bass (CA) Hahn Pascrell Schrader Berman Higgins Peters Huelskamp Mulvaney Becerra Hanabusa Pastor (AZ) Schweikert Bishop (NY) Himes Pingree (ME) Huizenga (MI) Murphy (PA) Berkley Hastings (FL) Payne Scott (SC) Boswell Hinchey Price (NC) Hultgren Myrick Berman Heinrich Pelosi Scott, Austin Brady (PA) Hinojosa Quigley Hunter Neugebauer Bishop (GA) Higgins Perlmutter Sensenbrenner Braley (IA) Hirono Rangel Bishop (NY) Himes Peters Hurt Noem Brown (FL) Holt Issa Nugent Sessions Reyes Boswell Hinchey Pingree (ME) Shimkus Butterfield Honda Richardson Jenkins Nunes Capps Hoyer Brady (PA) Hinojosa Price (NC) Shuster Richmond Braley (IA) Hirono Quigley Johnson (OH) Nunnelee Capuano Inslee Simpson Rothman (NJ) Brown (FL) Hochul Rangel Johnson, Sam Olson Carnahan Israel Smith (NE) Roybal-Allard Butterfield Holt Reichert Jordan Owens Carney Jackson (IL) Smith (NJ) Ruppersberger Capps Honda Reyes Kelly Palazzo Carson (IN) Jackson Lee Smith (TX) Rush Capuano Hoyer Richardson King (IA) Paul Castor (FL) (TX) Ryan (OH) Carnahan Inslee Richmond King (NY) Paulsen Southerland Chandler Johnson (GA) Sanchez, Loretta Carney Israel Rothman (NJ) Kingston Pearce Stearns Chu Johnson, E. B. Sarbanes Carson (IN) Jackson (IL) Roybal-Allard Kinzinger (IL) Pence Stivers Cicilline Kaptur Schakowsky Castor (FL) Jackson Lee Ruppersberger Kissell Peterson Stutzman Clarke (MI) Keating Schiff Chandler (TX) Rush Kline Petri Sullivan Clarke (NY) Kildee Schwartz Chu Johnson (GA) Ryan (OH) Labrador Pitts Terry Clay Kind Scott (VA) Cicilline Johnson, E. B. Sanchez, Loretta Lamborn Platts Thompson (PA) Cleaver Kucinich Clarke (MI) Jones Sarbanes Lance Poe (TX) Thornberry Clyburn Langevin Scott, David Clarke (NY) Kaptur Schakowsky Landry Pompeo Tiberi Cohen Larsen (WA) Serrano Clay Keating Schiff Lankford Posey Tipton Connolly (VA) Lee (CA) Sewell Cleaver Kildee Schwartz Latham Price (GA) Turner (NY) Conyers Levin Sherman Sires Clyburn Kind Scott (VA) LaTourette Quayle Turner (OH) Cooper Lewis (GA) Latta Rahall Slaughter Cohen Kucinich Scott, David Upton Courtney Lipinski LoBiondo Reed Smith (WA) Connolly (VA) Langevin Serrano Walberg Crowley Loebsack Long Rehberg Speier Conyers Larsen (WA) Sewell Walden Cummings Lofgren, Zoe Lucas Renacci Stark Cooper Larson (CT) Sherman Walsh (IL) Davis (CA) Lowey Courtney Lee (CA) Shuler Luetkemeyer Ribble Davis (IL) Luja´ n Sutton Lummis Rigell Webster Thompson (CA) Crowley Levin Sires West DeFazio Lynch Lungren, Daniel Rivera DeGette Maloney Thompson (MS) Cuellar Lewis (GA) Slaughter Westmoreland E. Roby DeLauro Markey Tierney Cummings Lipinski Smith (WA) Whitfield Davis (CA) Loebsack Speier Mack Roe (TN) Deutch Matsui Tonko Wilson (SC) Davis (IL) Lofgren, Zoe Stark Manzullo Rogers (AL) Dicks McCarthy (NY) Towns Wolf DeFazio Lowey Sutton Marchant Rogers (KY) Dingell McCollum Tsongas Womack DeGette Luja´ n Thompson (CA) Marino Rogers (MI) Doggett McDermott Van Hollen DeLauro Lynch Thompson (MS) Matheson Rohrabacher Woodall Doyle McGovern Vela´ zquez Deutch Maloney Tierney McCarthy (CA) Rokita Yoder Edwards McIntyre Visclosky Dicks Markey Tonko McCaul Rooney Young (FL) Ellison McNerney Walz (MN) Dingell Matsui Towns McClintock Ros-Lehtinen Young (IN) Engel Meeks Wasserman Doggett McCarthy (NY) Tsongas ANSWERED ‘‘PRESENT’’—1 Eshoo Michaud Schultz Donnelly (IN) McCollum Van Hollen Farr Miller (NC) Waters Doyle McDermott Vela´ zquez Johnson (IL) Fattah Miller, George Watt Waxman Edwards McGovern Visclosky NOT VOTING—12 Filner Moore Ellison McIntyre Walz (MN) Frank (MA) Murphy (CT) Welch Engel McNerney Wasserman Bachmann Lewis (CA) Wilson (FL) Fudge Nadler Woolsey Farr Meeks Schultz Blumenauer Olver Wittman Garamendi Napolitano Yarmuth Fattah Michaud Waters Boren Polis Young (AK) Filner Miller (NC) Watt Giffords Sa´ nchez, Linda NOES—257 Holden T. Frank (MA) Miller, George Waxman Adams Cardoza Foxx Fudge Moore Welch b 1057 Aderholt Carter Franks (AZ) Garamendi Moran Woolsey Akin Cassidy Frelinghuysen Gonzalez Murphy (CT) Yarmuth Ms. ESHOO changed her vote from Alexander Chabot Gallegly Altmire Chaffetz Gardner NOES—248 ‘‘aye’’ to ‘‘no.’’ Mr. VISCLOSKY changed his vote Amash Coble Garrett Adams Calvert Emerson Amodei Coffman (CO) Gerlach Aderholt Camp Eshoo from ‘‘no’’ to ‘‘aye.’’ Austria Cole Gibbs Akin Campbell Farenthold So the amendment was rejected. Barletta Conaway Gibson Alexander Canseco Fincher The result of the vote was announced Barrow Costa Gingrey (GA) Altmire Cantor Fitzpatrick Bartlett Costello Gohmert Amash Capito Flake as above recorded. Barton (TX) Cravaack Gonzalez Amodei Cardoza Fleischmann AMENDMENT NO. 5 OFFERED BY MR. KEATING Bass (NH) Crawford Goodlatte Austria Carter Fleming The Acting CHAIR. The unfinished Benishek Crenshaw Gosar Bachus Cassidy Flores Berg Critz Gowdy Barletta Chabot Forbes business is the demand for a recorded Biggert Cuellar Granger Barrow Chaffetz Fortenberry vote on the amendment offered by the Bilbray Culberson Graves (GA) Bartlett Coble Foxx gentleman from Massachusetts (Mr. Bilirakis Davis (KY) Graves (MO) Barton (TX) Coffman (CO) Franks (AZ) Bishop (GA) Denham Green, Gene EATING Bass (NH) Cole Frelinghuysen K ) on which further proceedings Bishop (UT) Dent Griffin (AR) Benishek Conaway Gallegly were postponed and on which the noes Black DesJarlais Griffith (VA) Berg Costa Gardner prevailed by voice vote. Blackburn Diaz-Balart Grimm Biggert Costello Garrett The Clerk will redesignate the Bonner Dold Guinta Bilbray Cravaack Gerlach Bono Mack Donnelly (IN) Guthrie Bilirakis Crawford Gibbs amendment. Boustany Dreier Hall Bishop (UT) Crenshaw Gibson The Clerk redesignated the amend- Brady (TX) Duffy Hanna Black Critz Gingrey (GA) ment. Brooks Duncan (SC) Harper Blackburn Culberson Gohmert Broun (GA) Duncan (TN) Harris Bonner Davis (KY) Goodlatte RECORDED VOTE Buchanan Ellmers Hartzler Bono Mack Denham Gosar The Acting CHAIR. A recorded vote Bucshon Emerson Hastings (WA) Boustany Dent Gowdy has been demanded. Buerkle Farenthold Hayworth Brady (TX) DesJarlais Granger Burgess Fincher Heck Brooks Diaz-Balart Graves (GA) A recorded vote was ordered. Burton (IN) Fitzpatrick Hensarling Broun (GA) Dold Graves (MO) The Acting CHAIR. This is a 2- Calvert Flake Herger Buchanan Dreier Griffin (AR) minute vote. Camp Fleischmann Herrera Beutler Bucshon Duffy Griffith (VA) The vote was taken by electronic de- Campbell Fleming Hochul Buerkle Duncan (SC) Grimm Canseco Flores Huelskamp Burgess Duncan (TN) Guinta vice, and there were—ayes 162, noes 257, Cantor Forbes Huizenga (MI) Burton (IN) Ellmers Guthrie not voting 14, as follows: Capito Fortenberry Hultgren

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.024 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6640 CONGRESSIONAL RECORD — HOUSE October 6, 2011 Hunter Miller (FL) Runyan [Roll No. 762] Hochul Meehan Ross (FL) Hurt Miller (MI) Ryan (WI) Huelskamp Mica Royce Issa Miller, Gary Scalise AYES—165 Huizenga (MI) Miller (FL) Runyan Jenkins Mulvaney Schilling Ackerman Grijalva Napolitano Hultgren Miller (MI) Ryan (WI) Johnson (IL) Murphy (PA) Schmidt Andrews Gutierrez Neal Hunter Miller, Gary Scalise Johnson (OH) Myrick Schock Baca Hahn Pallone Hurt Mulvaney Schilling Johnson, Sam Neugebauer Schrader Baldwin Hanabusa Pascrell Issa Murphy (PA) Schmidt Jones Noem Schweikert Bass (CA) Hastings (FL) Pastor (AZ) Jenkins Myrick Schock Jordan Nugent Scott (SC) Becerra Heinrich Payne Johnson (IL) Neugebauer Schrader Kelly Nunes Johnson (OH) Noem Scott, Austin Berkley Higgins Pelosi Schweikert King (IA) Nunnelee Johnson, Sam Nugent Sensenbrenner Berman Himes Peters Scott (SC) King (NY) Olson Jordan Nunes Sessions Bishop (NY) Hinchey Pingree (ME) Scott, Austin Kingston Owens Kelly Nunnelee Brady (PA) Hinojosa Price (NC) Sensenbrenner Kinzinger (IL) Palazzo Shimkus King (IA) Olson Braley (IA) Hirono Quigley Sessions Kissell Paul Shuler King (NY) Owens Shuster Brown (FL) Holt Rangel Shimkus Kline Paulsen Butterfield Honda Kingston Palazzo Simpson Reyes Shuster Labrador Pearce Capps Hoyer Kinzinger (IL) Paul Smith (NE) Richardson Simpson Lamborn Pence Capuano Inslee Kissell Paulsen Smith (NJ) Richmond Smith (NE) Lance Peterson Carnahan Israel Kline Pearce Smith (TX) Rothman (NJ) Smith (NJ) Landry Petri Carney Jackson (IL) Labrador Pence Roybal-Allard Smith (TX) Lankford Pitts Southerland Carson (IN) Jackson Lee Lamborn Perlmutter Ruppersberger Southerland Latham Platts Stearns Castor (FL) (TX) Lance Peterson Rush Stearns LaTourette Poe (TX) Stivers Chu Johnson (GA) Landry Petri Ryan (OH) Stivers Latta Pompeo Stutzman Cicilline Johnson, E. B. Lankford Pitts Sanchez, Loretta Stutzman Lewis (CA) Posey Sullivan Clarke (MI) Jones Latham Platts LoBiondo Price (GA) Terry Sarbanes LaTourette Poe (TX) Sullivan Clarke (NY) Kaptur Terry Long Quayle Thompson (PA) Schakowsky Latta Pompeo Clay Keating Thompson (PA) Lucas Rahall Thornberry Cleaver Kildee Schiff Lewis (CA) Posey Thornberry Luetkemeyer Reed Tiberi Clyburn Kind Schwartz LoBiondo Price (GA) Tiberi Lummis Rehberg Tipton Cohen Kucinich Scott (VA) Long Quayle Tipton Lungren, Daniel Reichert Turner (NY) Connolly (VA) Langevin Scott, David Lucas Rahall Serrano Turner (NY) E. Renacci Turner (OH) Conyers Larsen (WA) Luetkemeyer Reed Sewell Turner (OH) Mack Ribble Upton Cooper Larson (CT) Lummis Rehberg Manzullo Rigell Sherman Lungren, Daniel Reichert Upton Walberg Courtney Lee (CA) Marchant Rivera Shuler E. Renacci Walberg Walden Crowley Levin Marino Roby Sires Mack Ribble Walden Walsh (IL) Cuellar Lewis (GA) Matheson Roe (TN) Slaughter Manzullo Rigell Walsh (IL) Webster Cummings Lipinski McCarthy (CA) Rogers (AL) Smith (WA) Marchant Rivera Webster West Davis (CA) Loebsack McCaul Rogers (KY) Davis (IL) Lofgren, Zoe Speier Marino Roby West McClintock Rogers (MI) Westmoreland Stark Matheson Roe (TN) Westmoreland Whitfield DeFazio Lowey McCotter Rohrabacher DeGette Luja´ n Sutton McCarthy (CA) Rogers (AL) Whitfield Wilson (SC) McHenry Rokita DeLauro Lynch Thompson (CA) McCaul Rogers (KY) Wilson (SC) Wolf McKeon Rooney Deutch Maloney Thompson (MS) McClintock Rogers (MI) Wittman Womack McKinley Ros-Lehtinen Dicks Markey Tierney McCotter Rohrabacher Wolf McMorris Roskam Woodall Dingell Matsui Tonko McHenry Rokita Womack Rodgers Ross (AR) Yoder Doggett McCarthy (NY) Towns McKeon Rooney Woodall Meehan Ross (FL) Young (FL) Doyle McCollum Tsongas McKinley Ros-Lehtinen Yoder Mica Royce Young (IN) Edwards McDermott Van Hollen McMorris Roskam Young (FL) ´ Rodgers Ross (AR) Young (IN) NOT VOTING—14 Ellison McGovern Velazquez Engel McIntyre Visclosky NOT VOTING—10 Bachmann Holden Sa´ nchez, Linda Eshoo McNerney Walz (MN) Bachus Larson (CT) T. Farr Meeks Wasserman Bachmann Holden Sa´ nchez, Linda Blumenauer Moran Wilson (FL) Fattah Michaud Schultz Blumenauer Olver T. Boren Olver Wittman Filner Miller (NC) Waters Boren Polis Wilson (FL) Giffords Polis Young (AK) Frank (MA) Miller, George Watt Giffords Young (AK) Waxman ANNOUNCEMENT BY THE ACTING CHAIR Fudge Moore Garamendi Moran Welch b 1106 The Acting CHAIR (during the vote). Gonzalez Murphy (CT) Woolsey So the amendment was rejected. There is 1 minute remaining in this Green, Al Nadler Yarmuth The result of the vote was announced vote. NOES—258 as above recorded. b 1102 Adams Canseco Fleming The Acting CHAIR. The question is So the amendment was rejected. Aderholt Cantor Flores on the committee amendment in the The result of the vote was announced Akin Capito Forbes nature of a substitute. Alexander Cardoza Fortenberry as above recorded. Altmire Carter Foxx The amendment was agreed to. PERSONAL EXPLANATION Amash Cassidy Franks (AZ) The Acting CHAIR. Under the rule, Mr. WITTMAN. Mr. Chair, on rollcall Nos. Amodei Chabot Frelinghuysen the Committee rises. Austria Chaffetz Gallegly Accordingly, the Committee rose; 760 and 761 I was unavoidably detained. Had Bachus Chandler Gardner I been present, I would have voted ‘‘no’’ on Barletta Coble Garrett and the Speaker pro tempore (Mr. both 760 and 761. Barrow Coffman (CO) Gerlach SIMPSON) having assumed the chair, Bartlett Cole Gibbs AMENDMENT NO. 3 OFFERED BY MS. EDWARDS Mr. DENHAM, Acting Chair of the Com- Barton (TX) Conaway Gibson The Acting CHAIR. The unfinished Bass (NH) Costa Gingrey (GA) mittee of the Whole House on the state business is the demand for a recorded Benishek Costello Gohmert of the Union, reported that that Com- vote on the amendment offered by the Berg Cravaack Goodlatte mittee, having had under consideration Biggert Crawford Gosar the bill (H.R. 2681) to provide addi- gentlewoman from Maryland (Ms. Bilbray Crenshaw Gowdy EDWARDS) on which further proceedings Bilirakis Critz Granger tional time for the Administrator of were postponed and on which the noes Bishop (GA) Culberson Graves (GA) the Environmental Protection Agency Bishop (UT) Davis (KY) Graves (MO) to issue achievable standards for ce- prevailed by voice vote. Black Denham Green, Gene The Clerk will redesignate the Blackburn Dent Griffin (AR) ment manufacturing facilities, and for amendment. Bonner DesJarlais Griffith (VA) other purposes, and, pursuant to House The Clerk redesignated the amend- Bono Mack Diaz-Balart Grimm Resolution 419, reported the bill back Boswell Dold Guinta to the House with an amendment ment. Boustany Donnelly (IN) Guthrie RECORDED VOTE Brady (TX) Dreier Hall adopted in the Committee of the The Acting CHAIR. A recorded vote Brooks Duffy Hanna Whole. Broun (GA) Duncan (SC) Harper The SPEAKER pro tempore. Under has been demanded. Buchanan Duncan (TN) Harris A recorded vote was ordered. Bucshon Ellmers Hartzler the rule, the previous question is or- The Acting CHAIR. This is a 2- Buerkle Emerson Hastings (WA) dered. minute vote. Burgess Farenthold Hayworth The question is on the committee The vote was taken by electronic de- Burton (IN) Fincher Heck amendment in the nature of a sub- Calvert Fitzpatrick Hensarling vice, and there were—ayes 165, noes 258, Camp Flake Herger stitute. not voting 10, as follows: Campbell Fleischmann Herrera Beutler The amendment was agreed to.

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A06OC7.003 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6641 The SPEAKER pro tempore. The to nursing mothers, and to women of from smokestacks just down the question is on the engrossment and childbearing age. Mercury exposure af- street? And why should any of our con- third reading of the bill. fects a developing child’s ability to stituents be kept in the dark about the The bill was ordered to be engrossed walk, to talk, to read, to write, to pollutants that they’re being exposed and read a third time, and was read the learn. That’s why I think none of us to? They shouldn’t. And we shouldn’t third time. should want to see this in our districts: stand idly by and let it happen. MOTION TO RECOMMIT A giant cement plant in Midlothian, So today we have the opportunity to Mrs. CAPPS. Mr. Speaker, I have a Texas, spewing mercury and other pol- speak with one voice. We can vote to motion to recommit at the desk. lutants in the air right next to J.A. protect our children and our grand- The SPEAKER pro tempore. Is the Vitovsky Elementary School. children from mercury and other toxic gentlewoman opposed to the bill? But I don’t want to just pick on air pollutants. It’s up to us. I urge all Mrs. CAPPS. Yes, I am. Texas. In California, a giant cement of us to support this final amendment The SPEAKER pro tempore. The plant in Tehachapi sends far more mer- to the bill. Clerk will report the motion to recom- cury into the air than any other plant I yield back the balance of my time. mit. in the State, and it’s less than 3,000 Mr. WHITFIELD. Mr. Speaker, I The Clerk read as follows: feet—3,000 feet—from Monroe High claim the time in opposition to the mo- Mrs. Capps moves to recommit the bill School. That’s less than half the dis- tion. H.R. 2681 to the Committee on Energy and tance between where we are today here The SPEAKER pro tempore. The gen- Commerce with instructions to report the in the Capitol and the Washington tleman from Kentucky is recognized same to the House forthwith with the fol- Monument. for 5 minutes. lowing amendment: Mr. Speaker, nothing is more impor- Mr. WHITFIELD. At this time I At the end of the bill, add the following would like to yield to my colleague tant to us than our children and our sections: from California. grandchildren. Having spent 20 years as SEC. 6. PROTECTION OF INFANTS, CHILDREN, Mr. LEWIS of California. I appreciate AND PREGNANT WOMEN FROM a school nurse, I really don’t need any my colleague yielding, and I’m rising TOXIC AND CANCER-CAUSING AIR reminders of this, but just 6 months only because of the comments of the POLLUTANTS. ago my family was blessed again with Notwithstanding any other provision of gentlelady who just spoke. the birth of a new baby boy. So every Nobody in this Chamber has spent this Act, the Administrator shall not delay time debates about mercury pollution actions pursuant to the rule identified in more time working on air quality than section 2(b)(1) of this Act to reduce air pollu- come up, my thoughts immediately go this Member. I was the author of a tion from cement kilns, as defined pursuant to him and the tens of millions of other major bill in California that changed to this Act, where such cement kilns are children in this country. I know how the scene there in terms of polluting within 5 miles of any school, any day care small and fragile little Oscar is, and I the air. During that discussion, we center, any playground, or any hospital with want to make sure that I’m doing ev- said, we can control 97 percent of emis- a maternity ward or neo-natal unit. erything I can to protect him, to make sions from smokestacks in a relatively SEC. 7. NOTIFICATION TO COMMUNITIES. sure the air he breathes and the water short time if we will, but the real prob- With respect to each requirement for a he drinks is as safe as it can possibly lem’s going to be Detroit. If we really major source facility to implement an air be. I’m no different from the millions pollution control or emissions reduction that want to change that, we’ve got to is eliminated by this Act, such facility shall of mothers and fathers, grandmothers change Detroit. provide notice of such elimination to af- and grandfathers, aunts and uncles The gentlelady’s amendment would fected communities not later than 90 days across this country and right in this follow a logical line. We would indeed after the date of enactment of this Act. Chamber. We all want the best for our insist on having an amendment instead The SPEAKER pro tempore. The gen- kids, so we must reduce the risks of that would close down all of Detroit. tlewoman from California is recognized this pollution to them, especially in The problem of mercury is a totally for 5 minutes. places that should be safe, like a different question than the way this Mrs. CAPPS. Mr. Speaker, there are school. gentlelady presented it. We found prob- times when we come to this floor and The second part of my simple amend- lems in the air and found that there engage in heated debate, and we’ve ment gives all communities the right was no problem that we thought was heard some heated debate on this bill. to know what pollution is coming from there in the first place. But my final amendment offers us the these giant cement factories. Without Instead of using this for politics, let’s opportunity to come together and do the sight of ominous clouds billowing try to really solve the air quality prob- something extraordinarily important, from nearby plants, it’s easy to assume lems and let our industry move forward and that is to protect our children and that we’re all relatively safe, but you and get our economy to work again. grandchildren from mercury and other don’t need to live right next door to a Mr. WHITFIELD. I thank the gen- toxic air pollutants. giant cement plant to suffer the effects tleman. I want to be clear. The passage of of mercury pollution. I learned this Our legislation, H.R. 2681, provides a this amendment will not prevent the firsthand when I received test results balanced approach to a significant passage of the underlying bill. If it’s showing that I have an unsafe level of problem. These new regulations put adopted, my amendment will be incor- mercury in my body. And I’m not out by EPA relating to cement com- porated into the bill and the bill will be alone—both in the levels of mercury in pany regulations are unbalanced. We’ve immediately voted upon. my system and by the fact that I didn’t had testimony after testimony from Now, I make no apologies for oppos- know about it until I got tested this representatives of the industry that 20 ing the bill, but regardless of how one past summer. Who in this Chamber percent of the U.S. cement manufac- feels about this bill, or even EPA’s ce- thinks they have a dangerous level of turing industry will probably close ment standards, my amendment should mercury in their system? Probably no down within 2 years if these regula- be something that we can all agree one. But who here has actually been tions remain in effect. upon, and that’s because it only does tested to know for sure? Probably very Our legislation is very simple. It sim- two simple things: First, it says we few of us. ply says to EPA, go back and within 15 should have safer air standards on So, my final amendment just calls months come back with a new regula- giant cement plants if they’re located for a little transparency. It makes sure tion, more balanced, and give the in- near schools or hospitals with a mater- that giant cement plants can’t hide the dustry 5 years to comply. If the admin- nity ward or neonatal unit. That’s be- truth about the pollution they’re istrator wants to give them more, he or cause these large factories are the dumping into our air each year. It just she may do so. But this is about pro- third largest source of mercury pollu- gives American citizens a right to tecting jobs as well as about protecting tion in the United States. know what’s in their air. That’s all. health. As you know, our economy is Mr. Speaker, I respectfully ask that struggling right now. The testimony b 1110 my colleagues consider these two sim- shows quite clearly that if we allow We all know that mercury is ex- ple propositions: Why should our kids these regulations to remain in effect, tremely dangerous to young children, go to schools where mercury is spewing we’re going to lose a lot more jobs.

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.031 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6642 CONGRESSIONAL RECORD — HOUSE October 6, 2011 The good news is that once EPA goes Moran Roybal-Allard Sutton Thornberry Walden Wittman back and revisits this issue, they most Murphy (CT) Ruppersberger Thompson (CA) Tiberi Walsh (IL) Wolf Nadler Rush Thompson (MS) Tipton Webster Womack certainly are going to consider health Napolitano Ryan (OH) Tierney Turner (NY) West Yoder benefits. They’re going to do an anal- Neal Sanchez, Loretta Tonko Turner (OH) Westmoreland Young (AK) ysis about health benefits. Pallone Sarbanes Towns Upton Whitfield Young (FL) Pascrell Schakowsky Tsongas Walberg Wilson (SC) Young (IN) I might also say we’ve heard a lot Pastor (AZ) Schiff Van Hollen NOT VOTING—10 about mercury. EPA has made it very Payne Schrader Vela´ zquez Pelosi Schwartz ´ clear that in the regulation that we’re Visclosky Bachmann Holden Sanchez, Linda Perlmutter Scott (VA) Blumenauer T. trying to postpone that they do not Walz (MN) Olver Peters Scott, David Boren Wilson (FL) Wasserman Polis even consider the dollar benefit from Pingree (ME) Serrano Giffords Woodall the reduction in mercury emissions. So Price (NC) Sewell Schultz Waters from their perspective, the benefits Quigley Sherman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Rahall Shuler Watt The SPEAKER pro tempore (during from mercury emissions were insignifi- Waxman Rangel Sires the vote). There are 2 minutes remain- cant. All of the benefits come from par- Reyes Slaughter Welch ticulate matter reductions. Richardson Smith (WA) Woolsey ing in this vote. Richmond Speier Yarmuth I would urge every Member of this Rothman (NJ) Stark body to vote ‘‘no’’ on this motion to re- b 1138 commit and ‘‘yes’’ on our legislation, NOES—247 So the motion to recommit was re- H.R. 2681, if we want to save jobs in Adams Franks (AZ) McKinley jected. America and if we want a more bal- Aderholt Frelinghuysen McMorris The result of the vote was announced anced approach to environmental regu- Akin Gallegly Rodgers as above recorded. Alexander Gardner Meehan lation. Altmire Garrett Mica The SPEAKER pro tempore. The I yield back the balance of my time. Amash Gerlach Miller (FL) question is on the passage of the bill. The SPEAKER pro tempore. Without Amodei Gibbs Miller (MI) The question was taken; and the Austria Gibson Miller, Gary objection, the previous question is or- Bachus Gingrey (GA) Mulvaney Speaker pro tempore announced that dered on the motion to recommit. Barletta Gohmert Murphy (PA) the ayes appeared to have it. There was no objection. Barrow Gonzalez Myrick RECORDED VOTE Bartlett Goodlatte Neugebauer The SPEAKER pro tempore. The Barton (TX) Gosar Noem Mrs. CAPPS. Mr. Speaker, I demand question is on the motion to recommit. Bass (NH) Gowdy Nugent a recorded vote. The question was taken; and the Benishek Granger Nunes A recorded vote was ordered. Speaker pro tempore announced that Berg Graves (GA) Nunnelee Biggert Graves (MO) Olson The SPEAKER pro tempore. This the noes appeared to have it. Bilbray Griffin (AR) Owens will be a 5-minute vote. RECORDED VOTE Bilirakis Griffith (VA) Palazzo The vote was taken by electronic de- Bishop (UT) Grimm Paul vice, and there were—ayes 262, noes 161, Mrs. CAPPS. Mr. Speaker, I demand Black Guinta Paulsen a recorded vote. Blackburn Guthrie Pearce not voting 10, as follows: A recorded vote was ordered. Bonner Hall Pence [Roll No. 764] Bono Mack Hanna Peterson The SPEAKER pro tempore. Pursu- Boustany Harper Petri AYES—262 ant to clause 9 of rule XX, the Chair Brady (TX) Harris Pitts Adams Conaway Griffith (VA) will reduce to 5 minutes the minimum Brooks Hartzler Platts Aderholt Costa Grimm time for any electronic vote on the Broun (GA) Hastings (WA) Poe (TX) Akin Costello Guinta Buchanan Hayworth Pompeo Alexander Cravaack Guthrie question of passage. Bucshon Heck Posey Altmire Crawford Hall The vote was taken by electronic de- Buerkle Hensarling Price (GA) Amash Crenshaw Hanna vice, and there were—ayes 176, noes 247, Burgess Herger Quayle Amodei Critz Harper Burton (IN) Herrera Beutler Reed Austria Cuellar Harris not voting 10, as follows: Calvert Huelskamp Rehberg Bachus Culberson Hartzler [Roll No. 763] Camp Huizenga (MI) Reichert Barletta Davis (KY) Hastings (WA) Campbell Hultgren Renacci Barrow Denham Hayworth AYES—176 Canseco Hunter Ribble Bartlett Dent Heck Ackerman Davis (CA) Jackson (IL) Cantor Hurt Rigell Barton (TX) DesJarlais Hensarling Andrews Davis (IL) Jackson Lee Capito Issa Rivera Bass (NH) Diaz-Balart Herger Baca DeFazio (TX) Cardoza Jenkins Roby Benishek Dold Herrera Beutler Baldwin DeGette Johnson (GA) Carter Johnson (IL) Roe (TN) Berg Donnelly (IN) Hochul Bass (CA) DeLauro Johnson, E. B. Cassidy Johnson (OH) Rogers (AL) Berkley Dreier Huelskamp Becerra Deutch Jones Chabot Johnson, Sam Rogers (KY) Biggert Duffy Huizenga (MI) Berkley Dicks Kaptur Chaffetz Jordan Rogers (MI) Bilbray Duncan (SC) Hultgren Berman Dingell Keating Coble Kelly Rohrabacher Bilirakis Duncan (TN) Hunter Bishop (GA) Doggett Kildee Coffman (CO) King (IA) Rokita Bishop (GA) Ellmers Hurt Bishop (NY) Doyle Kind Cole King (NY) Rooney Bishop (UT) Emerson Issa Boswell Edwards Kissell Conaway Kingston Ros-Lehtinen Black Farenthold Jenkins Brady (PA) Ellison Kucinich Costa Kinzinger (IL) Roskam Blackburn Fincher Johnson (IL) Braley (IA) Engel Langevin Cravaack Kline Ross (AR) Bonner Fitzpatrick Johnson (OH) Brown (FL) Eshoo Larsen (WA) Crawford Labrador Ross (FL) Bono Mack Flake Johnson, Sam Butterfield Farr Larson (CT) Crenshaw Lamborn Royce Boswell Fleischmann Jordan Capps Fattah Lee (CA) Culberson Lance Runyan Boustany Fleming Kelly Capuano Filner Levin Davis (KY) Landry Ryan (WI) Brady (TX) Flores King (IA) Carnahan Frank (MA) Lewis (GA) Denham Lankford Scalise Brooks Forbes King (NY) Carney Fudge Lipinski Dent Latham Schilling Broun (GA) Fortenberry Kingston Carson (IN) Garamendi Loebsack DesJarlais LaTourette Schmidt Buchanan Foxx Kinzinger (IL) Castor (FL) Green, Al Lofgren, Zoe Diaz-Balart Latta Schock Bucshon Franks (AZ) Kissell Chandler Green, Gene Lowey Dold Lewis (CA) Schweikert Buerkle Frelinghuysen Kline Chu Grijalva Luja´ n Donnelly (IN) LoBiondo Scott (SC) Burgess Gallegly Labrador Cicilline Gutierrez Lynch Dreier Long Scott, Austin Burton (IN) Gardner Lamborn Clarke (MI) Hahn Maloney Duffy Lucas Sensenbrenner Calvert Garrett Lance Clarke (NY) Hanabusa Markey Duncan (SC) Luetkemeyer Sessions Camp Gerlach Landry Clay Hastings (FL) Matheson Duncan (TN) Lummis Shimkus Campbell Gibbs Lankford Cleaver Heinrich Matsui Ellmers Lungren, Daniel Shuster Canseco Gibson Latham Clyburn Higgins McCarthy (NY) Emerson E. Simpson Cantor Gingrey (GA) LaTourette Cohen Himes McCollum Farenthold Mack Smith (NE) Capito Gohmert Latta Connolly (VA) Hinchey McDermott Fincher Manzullo Smith (NJ) Cardoza Gonzalez Lewis (CA) Conyers Hinojosa McGovern Fitzpatrick Marchant Smith (TX) Carter Goodlatte LoBiondo Cooper Hirono McIntyre Flake Marino Southerland Cassidy Gosar Long Costello Hochul McNerney Fleischmann McCarthy (CA) Stearns Chabot Gowdy Lucas Courtney Holt Meeks Fleming McCaul Stivers Chaffetz Granger Luetkemeyer Critz Honda Michaud Flores McClintock Stutzman Chandler Graves (GA) Lummis Crowley Hoyer Miller (NC) Forbes McCotter Sullivan Clyburn Graves (MO) Lungren, Daniel Cuellar Inslee Miller, George Fortenberry McHenry Terry Coffman (CO) Green, Gene E. Cummings Israel Moore Foxx McKeon Thompson (PA) Cole Griffin (AR) Mack

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.033 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6643 Manzullo Poe (TX) Sensenbrenner NOT VOTING—10 at a window there, said the word was ‘‘like Marchant Pompeo Sessions Bachmann Giffords Sa´ nchez, Linda those are vertical blinds. It’s just what it Marino Posey Sewell Blumenauer Holden T. was called. There was no significance other Matheson Price (GA) Shimkus Boren Olver Wilson (FL) than a hunting deal’’—in other words, the McCarthy (CA) Quayle Shuster Coble Polis judge was morally vacuous; McCaul Rahall Simpson Whereas the name of this particular parcel McClintock Reed Smith (NE) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE did not change for years and for many re- McCollum Rehberg Smith (TX) The SPEAKER pro tempore (during mained the same after it became associated McCotter Reichert Southerland the vote). Two minutes remain in this McHenry Renacci Stearns with Rick Perry, first as a private citizen, McKeon Ribble Stivers vote. then as a State official, and finally as Texas McKinley Rigell Stutzman b 1146 Governor; McMorris Rivera Sullivan Whereas some local residents still call it Rodgers Roby Terry Mr. BACA changed his vote from by the morally repugnant name Meehan Roe (TN) Thompson (PA) ‘‘aye’’ to ‘‘no.’’ ‘‘Niggerhead’’; Mica Rogers (AL) Thornberry So the bill was passed. Whereas as recently as this summer, the Miller (FL) Rogers (KY) Tiberi The result of the vote was announced slab-like rock—lying flat, portions of the Miller (MI) Rogers (MI) Tipton as above recorded. name still faintly visible beneath a coat of Miller, Gary Rohrabacher Turner (NY) white paint—remained by the gated entrance Mulvaney Rokita Turner (OH) A motion to reconsider was laid on Murphy (PA) Rooney Upton the table. to the camp; Myrick Ros-Lehtinen Walberg Stated for: Whereas asked last week about the name, Neugebauer Roskam Walden Mr. COBLE. Mr. Speaker, on rollcall No. Governor Perry said the word on the rock is an offensive name that has no place in the Noem Ross (AR) Walsh (IL) 764 I was unavoidably detained. Had I been Nugent Ross (FL) Webster modern world—implying that it may have Nunes Royce West present, I would have voted ‘‘aye.’’ been okay and had an appropriate place in Nunnelee Runyan Westmoreland Stated against: that community when he was growing up; Olson Ryan (WI) Whitfield Ms. MCCOLLUM. Mr. Speaker, on rollcall Whereas Mae Lou Yeldell has lived in Has- Palazzo Scalise Wilson (SC) vote 764, I incorrectly voted in favor of pas- kell County, Texas, for 70 years and recalls Paul Schilling Wittman sage of H.R. 2681, the Cement Sector Regu- the racism she faced in the 1950s and 1960s in Paulsen Schmidt Wolf latory Relief Act. I am strongly opposed to this West Texas, when being called an offensive Pearce Schock Womack name—like Whites greeting Blacks with Pence Schrader Woodall destructive bill and strongly support the Envi- ‘‘Morning nigger’’—was ‘‘like a broken Peterson Schweikert Yoder ronment Protection Agency’s mandate to up- record’’; Petri Scott (SC) Young (AK) hold our nation’s Clean Air Act laws. Pitts Scott, Austin Young (FL) Whereas Throckmorton County, where the Platts Scott, David Young (IN) f hunting camp is located near Haskell Coun- NOTICE OF INTENTION TO OFFER ty, was for years considered a virtual no-go NOES—161 zone for African-Americans because of old RESOLUTION RAISING A QUES- stories told by locals about the lynching of Ackerman Hanabusa Pallone TION OF THE PRIVILEGES OF Andrews Hastings (FL) Pascrell an African-American man there; Baca Heinrich Pastor (AZ) THE HOUSE Whereas Haskell County began observing Baldwin Higgins Payne Mr. JACKSON of Illinois. Mr. Speak- Martin Luther King Jr. Day just two years Bass (CA) Himes Pelosi er, pursuant to clause 2 of rule IX, I ago according to a county commissioner in Becerra Hinchey Perlmutter Haskell County; rise to give notice of my intention to Berman Hinojosa Peters Whereas Governor Perry grew up in a seg- Bishop (NY) Hirono Pingree (ME) raise a question of the privileges of the regated era whose history has defined and Brady (PA) Holt Price (NC) House. complicated the careers of many Southern Braley (IA) Honda Quigley The form of the resolution is as fol- politicians; Brown (FL) Hoyer Rangel lows: Whereas Governor Perry has spoken often Butterfield Inslee Reyes about how his upbringing in this sparsely Capps Israel Richardson Whereas on October 2, 2011, the Washington populated farming community influenced his Capuano Jackson (IL) Richmond Post reported a story called ‘‘Rick Perry Carnahan Jackson Lee Rothman (NJ) And A Word Set On Stone’’; conservatism; Carney (TX) Roybal-Allard Whereas upon reading that story the vast Whereas Governor Perry says he men- Carson (IN) Johnson (GA) Ruppersberger majority of people in the United States were tioned the offensive word on the rock to his Castor (FL) Johnson, E. B. Rush morally outraged; parents shortly after they had signed a lease Chu Jones Ryan (OH) Whereas most of the facts in this resolu- and he had visited the property, and they Cicilline Kaptur Sanchez, Loretta tion come from that Washington Post story; rather immediately painted over the word Clarke (MI) Keating Sarbanes Whereas Governor Rick Perry has de- during the next July 4 holiday, but seven Kildee Clarke (NY) Schakowsky scribed a childhood in Haskell County in people interviewed by the Washington Post Clay Kind Schiff Paint Creek, Texas, as centered on Boy said they still saw the word on the rock at Cleaver Kucinich Schwartz Scouts, school, and church; various points during the years that the Cohen Langevin Scott (VA) Perry family was associated with the prop- Connolly (VA) Larsen (WA) Serrano Whereas Texas Governor Rick Perry is erty through his father, partners, or his sig- Conyers Larson (CT) Sherman from West Texas and was originally a South- Cooper Lee (CA) Shuler ern Democrat—often known as Dixiecrats— nature on a lease; Courtney Levin Sires who switched parties in the late 1980s to be- Whereas another local resident who visited Crowley Lewis (GA) Slaughter come a Republican and is currently a leading the property with Governor Perry and the Cummings Lipinski Smith (NJ) Republican presidential candidate; legislators he brought there to go hunting Davis (CA) Loebsack Smith (WA) Whereas ranchers who once grazed cattle recalled seeing the rock with the name clear- Davis (IL) Lofgren, Zoe Speier on the 1,070-acre parcel in Throckmorton ly visible; DeFazio Lowey Stark County on the Clear Fork of the Brazos Whereas how, when, or whether Governor ´ DeGette Lujan Sutton River—near where Governor Perry was Perry dealt with it when he was using the DeLauro Lynch Thompson (CA) raised in Paint Creek, Texas—it has since be- property isn’t clear and adds a dimension to Deutch Maloney Thompson (MS) come a hunting ground that was called by the emerging biography of Governor Perry Dicks Markey Tierney who quickly moved into the top tier of Re- Matsui Tonko the name ‘‘Niggerhead’’ well before Governor Dingell publican presidential candidates when he en- Doggett McCarthy (NY) Towns Perry and his father, Ray, began hunting Doyle McDermott Tsongas there in the early 1980s even though there is tered the race in August; and Edwards McGovern Van Hollen no definitive account of when the rock first Whereas Herman Cain is the only Repub- Ellison McIntyre Vela´ zquez appeared on the property; lican presidential candidate to criticize Gov- Engel McNerney Visclosky Whereas the use of the term ‘‘Niggerhead’’ ernor Rick Perry for being ‘‘insensitive’’ Eshoo Meeks Walz (MN) to describe a hunting retreat is morally of- when the word was not immediately con- Farr Michaud Wasserman fensive; demned, but we would remind Herman Cain Fattah Miller (NC) Schultz Whereas Ronnie Brooks, a local resident that the word is not only ‘‘insensitive’’, but Filner Miller, George Waters who guided a few turkey shoots for Governor is also ‘‘offensive’’: Now, therefore, be it Frank (MA) Moore Watt Perry between 1985 and 1990, said he holds Resolved, That the House of Representa- Fudge Moran Waxman Garamendi Murphy (CT) Welch Governor Perry ‘‘in the highest esteem’’ but tives— Green, Al Nadler Woolsey said this of the rock at the camp: ‘‘It kind of (1) calls on Governor Rick Perry to apolo- Grijalva Napolitano Yarmuth offended me, truthfully’’; gize for not immediately doing away with Gutierrez Neal Whereas Haskell County Judge David the rock that contained the word Hahn Owens Davis, sitting in his courtroom and looking ‘‘Niggerhead’’ at the entrance of a ranch he

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A06OC7.032 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6644 CONGRESSIONAL RECORD — HOUSE October 6, 2011 was leasing and on which he was taking withstanding the date by which such rules section 2(a)(1) establishing an emission standard friends, colleagues, and supporters to hunt; would otherwise be required to be promulgated, under section 112 or 129 of the Clean Air Act (42 (2) calls on Governor Rick Perry’s presi- the Administrator of the Environmental Protec- U.S.C. 7412, 7429) shall be treated as the date on dential rivals, who have not yet make strong tion Agency (in this Act referred to as the ‘‘Ad- which the Administrator first proposes such a statements of outrage over the rock that ministrator’’) shall— regulation for purposes of applying the defini- contained the word, to do so; (1) propose regulations for industrial, commer- tion of a new source under section 112(a)(4) of (3) calls upon Governor Rick Perry to con- cial, and institutional boilers and process heat- such Act (42 U.S.C. 7412(a)(4)) or the definition demn the use of this word as being totally of- ers, and commercial and industrial solid waste of a new solid waste incineration unit under fensive and inappropriate at anytime and incinerator units, subject to any of the rules section 129(g)(2) of such Act (42 U.S.C. anyplace in United States history; and specified in subsection (b)— 7429(g)(2)). (4) calls upon Governor Rick Perry to list (A) establishing maximum achievable control (c) RULE OF CONSTRUCTION.—Nothing in this the names of all lawmakers, friends, and fi- technology standards, performance standards, Act shall be construed to restrict or otherwise nancial supporters he took with him on his and other requirements under sections 112 and affect the provisions of paragraphs (3)(B) and hunting trips at ‘‘Niggerhead’’. 129, as applicable, of the Clean Air Act (42 (4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412, 7429); and U.S.C. 7412(i)). 1150 b (B) identifying non-hazardous secondary ma- SEC. 4. ENERGY RECOVERY AND CONSERVATION. The SPEAKER pro tempore. Under terials that, when used as fuels or ingredients in Notwithstanding any other provision of law, rule IX, a resolution offered from the combustion units of such boilers, process heat- and to ensure the recovery and conservation of floor by a Member other than the ma- ers, or incinerator units are solid waste under energy consistent with the Solid Waste Disposal jority leader or the minority leader as the Solid Waste Disposal Act (42 U.S.C. 6901 et Act (42 U.S.C. 6901 et seq.; commonly referred to seq.; commonly referred to as the ‘‘Resource a question of the privileges of the as the ‘‘Resource Conservation and Recovery Conservation and Recovery Act’’) for purposes Act’’), in promulgating rules under section 2(a) House has immediate precedence only of determining the extent to which such combus- addressing the subject matter of the rules speci- at a time designated by the Chair with- tion units are required to meet the emissions fied in paragraphs (3) and (4) of section 2(b), in 2 legislative days after the resolu- standards under section 112 of the Clean Air Act the Administrator— tion is properly noticed. (42 U.S.C. 7412) or the emission standards under (1) shall adopt the definitions of the terms Pending that designation, the form of section 129 of such Act (42 U.S.C. 7429); and ‘‘commercial and industrial solid waste inciner- the resolution noticed by the gen- (2) finalize the regulations on the date that is ation unit’’, ‘‘commercial and industrial waste’’, tleman from Illinois will appear in the 15 months after the date of the enactment of this and ‘‘contained gaseous material’’ in the rule Act. entitled ‘‘Standards of Performance for New ECORD R at this point. (b) STAY OF EARLIER RULES.—The following The Chair will not at this point de- Stationary Sources and Emission Guidelines for rules are of no force or effect, shall be treated as Existing Sources: Commercial and Industrial termine whether the resolution con- though such rules had never taken effect, and Solid Waste Incineration Units’’, published at 65 stitutes a question of privilege. That shall be replaced as described in subsection (a): Fed. Reg. 75338 (December 1, 2000); and determination will be made at the time (1) ‘‘National Emission Standards for Haz- (2) shall identify non-hazardous secondary for consideration of the resolution. ardous Air Pollutants for Major Sources: Indus- material to be solid waste only if— trial, Commercial, and Institutional Boilers and (A) the material meets such definition of com- f Process Heaters’’, published at 76 Fed. Reg. mercial and industrial waste; or EPA REGULATORY RELIEF ACT OF 15608 (March 21, 2011). (B) if the material is a gas, it meets such defi- 2011 (2) ‘‘National Emission Standards for Haz- nition of contained gaseous material. ardous Air Pollutants for Area Sources: Indus- The SPEAKER pro tempore (Mr. SEC. 5. OTHER PROVISIONS. trial, Commercial, and Institutional Boilers’’, (a) ESTABLISHMENT OF STANDARDS ACHIEV- KING of Iowa). Pursuant to House Reso- published at 76 Fed. Reg. 15554 (March 21, 2011). ABLE IN PRACTICE.—In promulgating rules lution 419 and rule XVIII, the Chair de- (3) ‘‘Standards of Performance for New Sta- under section 2(a), the Administrator shall en- clares the House in the Committee of tionary Sources and Emission Guidelines for Ex- sure that emissions standards for existing and the Whole House on the state of the isting Sources: Commercial and Industrial Solid new sources established under section 112 or 129 Union for the further consideration of Waste Incineration Units’’, published at 76 Fed. of the Clean Air Act (42 U.S.C. 7412, 7429), as the bill, H.R. 2250. Reg. 15704 (March 21, 2011). applicable, can be met under actual operating (4) ‘‘Identification of Non-Hazardous Sec- conditions consistently and concurrently with b 1155 ondary Materials That Are Solid Waste’’, pub- emission standards for all other air pollutants lished at 76 Fed. Reg. 15456 (March 21, 2011). IN THE COMMITTEE OF THE WHOLE regulated by the rule for the source category, (c) INAPPLICABILITY OF CERTAIN PROVI- Accordingly, the House resolved taking into account variability in actual source SIONS.—With respect to any standard required performance, source design, fuels, inputs, con- itself into the Committee of the Whole by subsection (a) to be promulgated in regula- trols, ability to measure the pollutant emissions, House on the state of the Union for the tions under section 112 of the Clean Air Act (42 and operating conditions. further consideration of the bill (H.R. U.S.C. 7412), the provisions of subsections (g)(2) (b) REGULATORY ALTERNATIVES.—For each 2250) to provide additional time for the and (j) of such section 112 shall not apply prior regulation promulgated pursuant to section 2(a), Administrator of the Environmental to the effective date of the standard specified in from among the range of regulatory alternatives Protection Agency to issue achievable such regulations. authorized under the Clean Air Act (42 U.S.C. standards for industrial, commercial, SEC. 3. COMPLIANCE DATES. 7401 et seq.) including work practice standards under section 112(h) of such Act (42 U.S.C. and institutional boilers, process heat- (a) ESTABLISHMENT OF COMPLIANCE DATES.— For each regulation promulgated pursuant to 7412(h)), the Administrator shall impose the ers, and incinerators, and for other section 2, the Administrator— least burdensome, consistent with the purposes purposes, with Mr. SIMPSON (Acting (1) shall establish a date for compliance with of such Act and Executive Order 13563 published Chair) in the chair. standards and requirements under such regula- at 76 Fed. Reg. 3821 (January 21, 2011). The Clerk read the title of the bill. tion that is, notwithstanding any other provi- The Acting CHAIR. No amendment The Acting CHAIR. Pursuant to the sion of law, not earlier than 5 years after the ef- to the committee amendment in the rule, the amendment in the nature of a fective date of the regulation; and (2) in proposing a date for such compliance, nature of a substitute shall be in order substitute printed in the bill shall be except those received for printing in considered as an original bill for the shall take into consideration— (A) the costs of achieving emissions reduc- the portion of the CONGRESSIONAL purpose of amendment under the 5- tions; RECORD designated for that purpose in minute rule and shall be considered (B) any non-air quality health and environ- a daily issue dated October 4, 2011, or read. mental impact and energy requirements of the earlier and except pro forma amend- The text of the committee amend- standards and requirements; ments for the purpose of debate. Each ment in the nature of a substitute is as (C) the feasibility of implementing the stand- ards and requirements, including the time need- amendment so received may be offered follows: only by the Member who caused it to H.R. 2250 ed to— (i) obtain necessary permit approvals; and be printed or a designee and shall be Be it enacted by the Senate and House of Rep- (ii) procure, install, and test control equip- considered as read if printed. resentatives of the United States of America in ment; AMENDMENT NO. 9 OFFERED BY MR. WAXMAN Congress assembled, (D) the availability of equipment, suppliers, Mr. WAXMAN. Mr. Chairman, I offer SECTION 1. SHORT TITLE. and labor, given the requirements of the regula- This Act may be cited as the ‘‘EPA Regulatory tion and other proposed or finalized regulations an amendment. Relief Act of 2011’’. of the Environmental Protection Agency; and The Acting CHAIR. The Clerk will SEC. 2. LEGISLATIVE STAY. (E) potential net employment impacts. designate the amendment. (a) ESTABLISHMENT OF STANDARDS.—In place (b) NEW SOURCES.—The date on which the Ad- The text of the amendment is as fol- of the rules specified in subsection (b), and not- ministrator proposes a regulation pursuant to lows:

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A06OC7.007 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6645 At the end of the bill, add the following across the country, including chemical Our legislation is not in any way section: plants, refineries, and large manufac- going to change any of the health pro- SEC. 6. PROTECTION FOR INFANTS AND CHIL- turing facilities. tections. We simply are asking, be- DREN. H.R. 2250 nullifies EPA’s rules to cause of the concerns expressed by Notwithstanding any other provision of clean up toxic air pollution from these this Act, the Administrator shall not delay many people around the country, many actions pursuant to the rules identified in sources and requires EPA to issue new industries around the country, that section 2(b) of this Act to reduce emissions rules using confusing and unworkable EPA should go back, within 15 months, from waste incinerators or industrial boilers criteria. These long overdue public issue, promulgate a new rule within 5 at chemical facilities, oil refineries, or large health protections will be delayed for years, give the industry that much manufacturing facilities if such emissions years. That’s unacceptable for the peo- time to comply. If the EPA adminis- are harming brain development or causing ple who live near a solid waste inciner- trator thinks they need more time, learning disabilities in infants or children. ator or a chemical plant using a dirty then she or he may do that but is not The Acting CHAIR. The gentleman boiler. These communities already required to do so. from California is recognized for 5 min- have been waiting for more than a dec- So our position is that this is a bal- utes. ade for EPA to clean up these facili- anced approach, particularly at this Mr. WAXMAN. Mr. Chairman, yester- ties. vulnerable time in our economy when day Republicans told us they aren’t op- My amendment is straightforward. It our unemployment rate is high; that posed to clean air, but we just can’t af- states that EPA can continue to re- we can protect jobs, we can help stimu- ford it right now. And as their bills quire an incinerator or a facility using late the economy, and we can also pro- have no deadline for ever cleaning up a dirty boiler to clean up its toxic air tect health without endangering our toxic air pollution from these sources, pollution if that facility is emitting young people. it appears that they don’t think we can mercury or other toxic pollutants that So for that reason, I would oppose ever afford clean air even in the future. are damaging infants’ developing the amendment and ask Members to The truth is we can’t afford to wait for brains. This amendment simply clari- oppose this amendment. clean air any longer, and here’s why. fies our choice: allow polluters to con- I yield back the balance of my time. Mercury is a potent neurotoxin. Nu- tinue to harm infants and children on Ms. ROYBAL-ALLARD. Mr. Chair- merous scientific studies from around the one hand, which is what the Repub- man, I move to strike the last word. the world show that babies and chil- licans would allow, or require facilities The Acting CHAIR. The gentlewoman dren who are exposed to mercury may that are actually harming our kids to from California is recognized for 5 min- suffer damage to their developing nerv- reduce their pollution. utes. ous systems, hurting their ability to I urge my colleagues to support this Ms. ROYBAL-ALLARD. Mr. Chair- think, learn, and speak. EPA has esti- amendment and protect our children’s man, I rise in strong support of this mated that about 7 percent of women future. amendment. of childbearing age are exposed to mer- I know we hear a lot about jobs and The bill before us nullifies EPA’s cury at a level capable of causing ad- we hear a lot about the economy. Our rules to require industrial boilers and verse effects in the developing fetus. economy will not recover if our chil- incinerators to reduce their emissions That may not sound like a big number, dren’s minds are not allowed to fully of toxic mercury and other toxic pol- but that translates into thousands and develop, if we don’t have a population lutants. The bill removes legal dead- thousands of children who may never of young people that can be born lines for pollution controls to be in- reach their full potential. healthy, can get educated, can learn, stalled, fundamentally weakening the Toxic pollution can have tragic con- and can produce a good life for them- Clean Air Act and allowing years or sequences. That’s why Republicans and selves, their families, and for our Na- decades of continued toxic air pollu- Democrats, alike, voted in 1990 to tion’s economy. So please support this tion. strengthen the Clean Air Act to require amendment. Mr. Chairman, mercury is a potent I yield back the balance of my time. dozens of industry sectors to install neurotoxin. According to the California modern pollution controls on their fa- b 1200 Department of Toxic Substances Con- cilities. And since then, EPA has set Mr. WHITFIELD. Mr. Chairman, I trol, human exposure to organic mer- emission standards for more than 100 rise in opposition to the amendment. cury can result in long-lasting health different categories of industrial The Acting CHAIR. The gentleman effects, especially if it occurs during sources. The standards simply require from Kentucky is recognized for 5 min- fetal development. In addition, sci- facilities to use pollution controls that utes. entists have linked mercury poisoning others in their industry are already Mr. WHITFIELD. Our legislation, to nervous system, kidney and liver using. They are based on maximum H.R. 2250, does not leave the American damage, and impaired childhood devel- achievable control technology. people with the choice of having to opment. Nervous system disorders can EPA’s approach has been successful. have unregulated air, polluted air that include impaired vision, speech, hear- Emissions standards for these indus- creates horrible health consequences. ing, and coordination. In other words, trial sources have reduced emissions of Our legislation is a balanced approach babies born to women exposed to mer- carcinogens, mercury, and other highly that simply says we think that Con- cury during pregnancy can suffer from toxic chemicals by 1.7 million tons gress has the responsibility to review a range of developmental and neuro- each year. But a few major industrial regulations where the American people logical problems, including delays in sources so far have escaped regulation, have told us in hearings that they have speaking and difficulties in learning. and the Republicans appear to be on a great difficulty in complying—in some Children suffering from the chronic ef- mission to help them continue to evade instances they are unable to comply— fects of mercury exposure may never emissions limits on toxic air pollution. and that as a result jobs would be lost. reach their full potential. This clearly Coal-fired power plants are one major Sometimes, listening to the debate, has a profound impact on the affected industrial source of hazardous air pol- it sounds like we have the most pol- children and their families, and it also lutants. In fact, they are the largest luted air in the world. I would note has a long-term societal impact. U.S. source of airborne mercury pollu- that EPA reported that since 1990, na- In 1990, Congress amended the Clean tion. But just a couple of weeks ago, tionwide air quality has improved sig- Air Act on a bipartisan basis to reduce the Republicans passed the TRAIN Act nificantly for the six common air pol- emissions of mercury and other toxic to nullify EPA’s rules to cut toxic air lutants. For example, ozone pollution pollutants from a range of industrial pollution from those sources. has been lowered by 14 percent; coarse sources, including boilers and inciner- Yesterday, we debated whether or particulate matter—dust—by 31 per- ators. Boilers and incinerators are one not cement kilns, another major source cent; lead by 78 percent; nitrogen diox- of the largest sources of airborne mer- of mercury, should have to clean up— ide by 35 percent; carbon monoxide by cury pollution in the United States. the Republicans said ‘‘no’’—and today, 68 percent; sulfur dioxide by 59 percent. For far too long, they have been al- we are talking about incinerators and So we have a very clean air standard lowed to pollute without installing dirty boilers at industrial facilities today. modern technology to reduce their

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A06OC7.009 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6646 CONGRESSIONAL RECORD — HOUSE October 6, 2011 emissions. This is of particular concern gave birth to infants suffering from we have polluters who want to just for women who are pregnant, may be- blindness, spasticity, and mental retar- keep harming the health and the lives come pregnant, or who are nursing. dation. of Americans. I know what side I’m on, Mercury exposure in the womb can ad- We tend to think an environmental and I find it extraordinarily telling versely affect the developing brain and catastrophe like Minimata could not that this House majority would take nervous system. This can lead to prob- happen here, but it could. Already in the side of big polluters over the health lems with a child’s cognitive thinking, the United States one in six women of and the welfare of America’s children. memory, attention, language, and fine childbearing age has blood mercury I urge my colleagues to stand up for motor skills. levels that exceed those considered safe America’s children, stand against big As of 2008, 50 States, one U.S. terri- by the EPA for a developing baby. This polluters, and support this amendment. tory, and three tribes have issued amounts to approximately 630,000 ba- I yield back the balance of my time. advisories for mercury. Earlier this bies born every year at risk of develop- Ms. CASTOR of Florida. I move to year, EPA finalized standards to cut mental problems because of prenatal strike the last word. emissions of mercury and other toxic mercury exposure. The Acting CHAIR. The gentlewoman air pollution from boilers and inciner- While America’s approximately 600 is recognized for 5 minutes. ators. These rules were more than a coal-fired power plants are the single Ms. CASTOR of Florida. Mr. Chair- decade late. EPA is in the process of re- largest source of mercury contamina- man, I rise in support of the Waxman considering those rules and plans to fi- tion in the United States, boilers and amendment and in opposition to this nalize the revised rules by next April. waste incinerators that burn mercury- GOP bill. Once finalized, EPA’s rules for boilers containing products and chlorine man- Mr. Chairman, all Americans should and incinerators will cut mercury pol- ufacturers rank close behind. And yet be concerned with the GOP push to roll lution from these sources. it is now proposed that we delay, that back America’s fundamental environ- The Republican leadership wants to we weaken the regulations protecting mental protections and health protec- nullify these rules. They have also infants and children and allow these in- tions. This GOP bill strikes at the passed legislation to nullify rules to cinerators and boilers to continue heart of American values. We are not a clean up mercury pollution from ce- spewing significant amounts of mer- smoggy, Third World country. This is ment plants, and they have passed leg- cury pollution into the air every year, the United States of America; and over islation to nullify rules to clean up harming the health of our children and the past decades since the passage of mercury pollution from dirty coal-fired future generations of our children. It is the Clean Air Act, businesses have power plants, the largest U.S. source of unconscionable. flourished and the air and water has mercury pollution to the air. This is And mercury is just one of the dan- gotten cleaner. These are not mutually unacceptable for public health. People gerous contaminants putting the devel- exclusive. living near these polluting facilities opment of children at risk. Exposure to That’s why this GOP bill takes a step have waited far too long for them to lead threatens the health of young backward. It fundamentally weakens clean up their pollution. They children and unborn babies in par- the Clean Air Act and grants unneces- shouldn’t have to wait any longer. ticular, can lead to miscarriage, sary breaks to toxic air polluters. This amendment is straightforward. preterm birth, low birth weight, and Now, Mr. WAXMAN’s amendment is It states that the bill does not stop developmental delays. very important because it targets one EPA from taking action to clean up of the most dangerous and toxic b 1210 toxic air pollution from an industrial neurotoxins, that is, mercury. We boiler or incinerator if that facility is And that is why it was banned from know that babies born to women ex- emitting mercury or other toxic pollut- gasoline and house paint by the EPA in posed to mercury during pregnancy can ants that are damaging babies’ devel- the 1980s. These contaminants are suffer from a range of developmental oping brains. deadly, which is why the EPA, the En- and neurological problems, including I urge my colleagues to support this vironmental Protection Agency, put delays in speaking and difficulties amendment. forward a rule to reduce them. In fact, learning. I yield back the balance of my time. the implementation of the Boiler Children suffering from the chronic Ms. DELAURO. Mr. Chairman, I move MACT would reduce mercury emissions effects of mercury exposure may never to strike the last word. from major-source boilers and process reach their full potential. This clearly The Acting CHAIR. The gentlewoman heaters nationwide by 1.4 tons a year. has a profound impact on the affected from Connecticut is recognized for 5 It would also cut non-mercury metals, children and their families, but it also minutes. including lead, by 2,700 tons per year, has a long-term societal impact. Ms. DELAURO. Mr. Chairman, I rise hydrogen chloride by 30,000 tons per It was in 1990 when the Congress, in a in support of this amendment. We year, particulate matter by 47,000 tons bipartisan fashion, amended the Clean should not be putting the interests of per year, volatile organic compounds Air Act and targeted the particular, polluters before the health of our chil- by 7,000 tons per year, and sulfur diox- the specific, polluters coming from spe- dren. ide by 440,000 tons per year. cific sources. These specific polluters, Numerous studies have demonstrated According to the EPA, the benefits of some of them created jobs, acted to a link between increased exposure to reducing all of these dangerous emis- bring in modern technology, the scrub- industrial contaminants and impaired sions would outweigh costs by at least bers. They took the mercury out of the brain development or learning disabil- $20 billion a year. But even that aside, air. There are many examples in my ities in children. For example, accord- this act means 2,500 to 6,500 fewer pre- home State of Florida of these manu- ing to the Centers for Disease Control, mature deaths, 1,600 fewer cases of facturing plants and utilities that have health effects linked to prenatal and chronic bronchitis, 4,000 fewer heart at- taken the mercury out of the air by in- childhood methylmercury exposure in- tacks, 4,300 fewer hospital and emer- stalling the up-to-date modern equip- clude problems with language, mem- gency room visits, 3,700 fewer cases of ment. ory, attention, visual skills, and lower acute bronchitis, 41,000 fewer cases of But there have been some businesses IQs. And exposure to mercury is par- aggravated asthma, 78,000 fewer cases that have been very resistant to this, ticularly dangerous for pregnant and of respiratory systems, and 310,000 and they need to get with the program breastfeeding women, as well as chil- fewer missed work days. And it means because it has been since 1990 when the dren, since mercury is most harmful in fewer cases of impaired brain develop- law has said it’s time to clean it up. the early stages of development. ment and learning disabilities in our Now what year is this? This is 2011. In some cases around the world, such children. Now, I would offer that after 20 years, as in Minimata, Japan in the 1950s, we So on one side of the equation, we these businesses have been on notice have seen exposure to industrial mer- have $20 billion in savings per year, that they can use the American know- cury sicken an entire generation of cleaner air, thousands of fewer deaths, how and modern technology to clean children. Mothers who exhibited no and the healthy development of our up their plants, just like a lot of their clinical symptoms of mercury poison kids. On the other, we have polluters; other competitors have done.

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.042 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6647 Now, I’ve heard the argument that, My district in southwest Washington sions we’re producing as a Nation. We boy, this is bad for business. But I’ll is home to thousands of private forest need to go there, but we need to do it tell you, coming from the State of landowners. Whether it’s a family farm in a commonsense way that doesn’t Florida, clean air and clean water are or a private business, such as just handicap the economy at a time good for business. Our tourism indus- Weyerhauser, which is one of our re- when we need it to grow. try relies on clean water and clean air. gion’s largest businesses and employ- So let’s give the EPA that time that And for the plants in the State of Flor- ers, we have pulp mills, paper mills and they’ve requested so that facilities like ida that have cleaned up, it has really an emerging biomass industry. And Longview Fibre in Longview, Wash- improved the commercial fishing in- what do all these things have in com- ington, won’t have to lay any more dustry, the recreational fishing indus- mon? people off. With this legislation, we can try, billion-dollar industries in my They all provide tens of thousands of protect our environment and protect State. If they had not—if the Congress jobs, good family-wage jobs to the American jobs. had not acted in a bipartisan way dec- folks in my region. And they’re all part With that, Mr. Chairman, I yield ades ago to say we’re going to clean up of the forest products industry that has back the balance of my time. the air and the water, I don’t think long been the cornerstone of southwest Ms. ESHOO. Mr. Chairman, I move to we’d have as many visitors coming to Washington’s economy. And if we don’t strike the last word. my beautiful State for their vacations pass this underlying bill unamended, The Acting CHAIR. The gentlewoman and fishing. they will all shed those thousands of from California is recognized for 5 min- And fishing is important because we jobs in southwest Washington. utes. have so many that go out in the Gulf of How many are we talking about? Ms. ESHOO. I rise in support of this Mexico or the Atlantic or out in the Well, a recent study shows that about amendment. I think it’s a very, very Keys and they fish and they bring it 18 percent of those jobs would be lost. important one. home to eat. Now, because mercury is Those who produce pulp and paper The bill nullifies the EPA’s rules to not cleaned up to the greatest extent would be laid off by this onerous Boiler require boilers and incinerators to re- that we can clean it up, the Florida De- MACT rule as it’s written. Those are duce their emissions of toxic mercury. partment of Health has advised here, blue-collar families. Those are family- That’s really quite a sentence: the bill and I’m reading from the Florida De- wage jobs. They’re the ones that would would nullify rules to require boilers partment of Environmental Protection pay the price for this if we do not act and incinerators to reduce their emis- Advisory: ‘‘The Florida Department of now to protect the environment where sions of toxic mercury. In doing so, Health has advised the public to limit jobs can grow. this bill nullifies the mercury reduc- their consumption of fish from hun- Now, the ripple effects in related in- tions in our country that would have dreds of waterbodies throughout the dustries in our region and across the been achieved; and it indefinitely State due to unacceptable risk of mer- country would be an additional 87,000 delays, not just for a given time frame, cury exposure. As a result, these jobs lost if we do not act and pass this it’s indefinite, indefinitely delays the waterbodies have been listed as ‘im- bill. In a place like Cowlitz County in implementation of any replacement paired’ for mercury.’’ This doesn’t my district, where more than one out standards that EPA issues. mean it’s unsafe. But it means that of every 10 moms and dads are out of My friend, Mr. WHITFIELD, said ear- you can’t go overboard. work, the effect of this rule, if we don’t lier today that the bill does not provide But you know what? We have the fix it and we don’t fix it soon, would for an indefinite delay of any new technology to continue to clean up so further devastate an already dev- rules. That is false. The bill clearly that people can eat all the great Flor- astated economy. states that facilities have at least 5 ida seafood that is available to them. In August 89,000 jobs were created. years to comply without any hard There is no reason to take a step back- They were added nationwide. So, basi- deadline for compliance. That’s the ward. Other businesses have done this. cally, if we don’t move now, we’re definition of an indefinite delay. They have cleaned up. going to wipe out the entire month of Our Republican colleagues also claim So earlier this year, after a decade of August’s growth. That’s going to put that mercury pollution from dirty boil- analysis and work by the EPA and our economy backwards, not forwards. ers and incinerators does not harm interaction with businesses and other And make no mistake, Mr. Chairman, public health. That is quite a stand. I stakeholders all across the country, that’s one thing the current majority think it’s terrifying myself, in a civ- the EPA finalized standards to cut in the House is about is creating jobs ilized society, that this is not going to emissions of mercury and other toxic for the men and women at home to damage anyone and their health. They air pollution from these particular pol- make sure they can provide for their blame China, even though U.S. facili- luters. Their goal was to finally put families and their kids, their kids’ col- ties are emitting toxic mercury pollu- these rules into effect this coming lege education, their health care and so tion from smokestacks right here with- April. But, unfortunately, we’re run- on and so forth. It’s the American in our borders. I acknowledge that ning into opposition from the most Dream. there is some that does come from anti-environmental Congress in his- China. Are we going to replicate China? b 1220 tory. I don’t think that’s the gold standard People, this amendment is straight- Let’s pass this bipartisan piece of for our country. The mercury released forward. It states that the bill does not legislation today without this amend- here at home is just as toxic as mer- stop EPA from taking action to clean ment. It won’t add to the deficit, and cury released anywhere. That’s how up toxic air pollution from these par- it’s going to preserve those jobs for toxic it is. Ours is not less toxic be- ticular sites. If that facility is emitting those folks who are struggling in my cause it’s U.S. It’s the same horrible, mercury or other toxic pollutants, home region, southwest Washington, dangerous stuff. we’re not going to proceed. I urge my and across the country. And how toxic is it? There are a lot colleagues to support the amendment. Let’s give the EPA the time it’s re- of things under attack here in the I yield back the balance of my time. quested to rewrite the rule in a com- House of Representatives, but I think Ms. HERRERA BEUTLER. Mr. Chair- monsense way. The great thing about one of the most serious attacks is the man, I move to strike the last word. this is our environment and our econ- attack on science. We’re coming up The Acting CHAIR. The gentlewoman omy don’t have to be mutually exclu- with a lot of political science for un- from Washington is recognized for 5 sive, which is why we’re taking a bal- derlying legislation. Listen to what the minutes. anced approach to changing this rule. National Academy of Sciences has said. Ms. HERRERA BEUTLER. Mr. Chair- It’s why I believe and I am assuming They stated unequivocally that mer- man, I rise in support of this legisla- that’s part of the reason the EPA cury is a powerful neurotoxin. The Na- tion, the underlying legislation, wants more time to rewrite it, because tional Academy of Sciences has stated unamended, because it’s going to pro- it had the feedback. Yes, we can inno- that mercury is highly toxic. They tect and grow jobs, both in my region vate and create and reduce, and I sup- state, and I quote, exposure to mercury and across the country. port reducing whatever type of emis- can result in adverse effects in several

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.045 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6648 CONGRESSIONAL RECORD — HOUSE October 6, 2011 organ systems throughout the life span vide relief from some of the new EPA jobs. Certainly, House Republicans of humans and animals. There are ex- regulations that would cost American have been trying to lift the boot of Big tensive data on the effects of mercury job creators more than $14 billion and Government off the necks—off the on the development of the brain in hu- threaten over 230,000 jobs. In my home throats—of job creators and of workers mans. State of Michigan, this government who are looking for a job. The National Academy of Sciences over-regulation would cost nearly $800 We’ve heard repeatedly from this has also stated that exposure to mer- million and put nearly 13,000 jobs at President about the need to invest in cury can cause ‘‘mental retardation, risk. In my home State of Michigan, we transportation and infrastructure. At cerebral palsy, deafness, and blindness’’ are on our knees economically, and we the same time, this President and this in children exposed in utero and sen- cannot tolerate this anymore. It has to administration are talking about how sory and motor impairment in exposed be stopped. infrastructure is such an economic life- adults. This is stunningly shocking. At home, I have talked to so many blood for our economy, which I agree This is not Republican pollution or businesspeople, from small family busi- with and which, I think, House Repub- Democratic pollution. This is some- nesses to major corporations, et cetera; licans agree with. But at the same time thing that will harm our people. Why and the message from all of them is al- the President is saying we’ve got to in- would we not protect them? ways the same: that government over- vest in infrastructure—in fixing The National Academy of Sciences regulation is absolutely killing their roads—his administration is moving said again, and I quote, chronic, low- efforts to grow and to create jobs. forward on this regulation that we are dose prenatal mercury exposure has I’ll give you one example. There’s a talking about today that would put been associated with impacts on atten- company in Port Huron, Michigan, in large segments of the American ce- tion, fine motor function, language and my congressional district, called ment plants in this country out of verbal memory. The National Academy Domtar. Port Huron has been hit par- business. of Sciences has stated that prenatal ticularly hard. Current estimates are I would tell the President that it’s mercury exposure has, quote, the po- that the unemployment rate is ap- very hard to have infrastructure in- tential to cause irreversible damage to proaching 20 percent, if you can imag- vestment to build roads if you don’t the developing central nervous system. ine that. It’s unbelievable how bad it is have any concrete, if you don’t have Our Republican friends say we there at this time. Domtar is a paper any cement. shouldn’t worry about mercury pollu- company. It currently employs 245 peo- I would say, Mr. Chairman, I speak tion from boilers, incinerators, cement ple. It generates between $8 million and against this amendment, but I speak in kilns and power plants. I know who I $12 million in revenue annually. favor of the underlying bill. I would trust, and it’s not the phony baloney I talked to them about this regula- call on my colleagues to pass this bill political science around here. I’ll put tion under consideration today, and now. my money any day on what the Na- they estimate that this regulation Pass this bill. Let’s get America tional Academy of Sciences says. They today would cost them $9 million to moving again. are the gold standard in our country. scrub the coal that they use to operate I yield back the balance of my time. This is not something to be fooled their boilers or would cost $3 million to Ms. TSONGAS. I move to strike the around with. This is a huge danger to $4 million to convert to natural gas last word. our people. and have an additional annual cost of The Acting CHAIR. The gentlewoman This amendment is straightforward. $3 million to $4 million a year just to from Massachusetts is recognized for 5 It states that the bill does not stop stay compliant. They estimate that minutes. EPA from taking action to clean up these costs would likely force the com- Ms. TSONGAS. I rise in support of toxic air pollution from an incinerator pany to shut down two of their four the Waxman amendment. or a chemical plant or a manufacturing paper machines and, of course, force a Today, we are taking up yet another plant with a dirty boiler if that facility reduction in jobs, Mr. Chairman. This bill that continues the GOP majority’s is emitting mercury or other toxic pol- company, this community, this Nation ongoing attack on public health. This lutants. cannot handle that kind of loss in addi- bill seeks to gut EPA rules requiring I urge my colleagues to vote for the tional jobs that this regulation would amendment, and I yield back the bal- reductions in emissions of toxic air pol- force. lutants, including mercury, from in- ance of my time. It seems today that the three most Mrs. MILLER of Michigan. Mr. dustrial boilers and incinerators. In- feared letters to American job creators, dustrial boilers and incinerators are Chairman, I move to strike the last where it used to be IRS, today those word. among the largest sources of mercury letters are EPA. It’s no longer the IRS. pollution in the country, a potent The Acting CHAIR. The gentlewoman It’s the EPA. And why is that? is recognized for 5 minutes. brain poison that can cause severe de- Mrs. MILLER of Michigan. We all un- b 1230 velopmental problems in children and derstand that our economy is strug- On April 30 of 2010, the EPA issued a toddlers. gling, that millions of Americans can’t statement on a study of the impact of According to the National Academy find a job, that too many families are one of their proposed regulations. This of Sciences, even in low doses, mercury struggling to make ends meet, and that is what they said: can tragically affect a child’s develop- the American people are very frus- ‘‘The regulatory impact assessment ment, delaying walking and talking, trated that Washington is simply not does not include either a qualitative or and causing learning disabilities. Chil- doing enough to get our economy mov- quantitative estimation of the poten- dren suffering from the chronic effects ing. I would argue that not only is tial effects of the proposed rule on eco- of mercury exposure may never reach Washington not doing enough to get nomic productivity, economic growth, their full potential. This is simply un- our economy moving but it is actually employment, job creation or inter- acceptable, especially when we have harming the efforts of American national economic competitiveness.’’ the technology to address it. innovators, of manufacturers, of small In other words, they don’t care what The Waxman amendment is straight- businesses, of the job creators because their regulations have to do with job forward. It says that the bill cannot of government over-regulation. creation, much less with stifling and stop the EPA from taking action to The fact is today that the Obama ad- killing job creation in this country. clean up toxic air pollution from an in- ministration has publicly listed almost This is what our own government is dustrial boiler or incinerator if that fa- 220 new regulations just this year doing to our job creators, and this is cility is emitting mercury or other alone, a 15-percent increase in one year from an administration that claims toxic pollutants that are damaging to alone, of new regulatory actions under that job creation is its number one pri- children’s developing brains. consideration. Each one of them is esti- ority. I urge my colleagues to support this mated to cost at least $100 million, if Are you kidding? You’ve got to be commonsense amendment and to stand you can imagine. kidding. up for the health of our children and Mr. Chairman, the bill that is cur- We have to stop all of this govern- grandchildren. rently under consideration would pro- ment overregulation that is killing I yield back the balance of my time.

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.046 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6649 Mrs. CHRISTENSEN. Mr. Chairman, the House majority leadership knows b 1240 I move to strike the last word. are going nowhere is a pure waste of So we genuinely believe that EPA The Acting CHAIR. The gentlewoman time and a waste of money. I guess it’s has the health standards in effect that from the Virgin Islands is recognized not important, because it’s being used will protect our children. There’s noth- for 5 minutes. to try to kill programs they’ve never ing in this bill that’s going to change Mrs. CHRISTENSEN. Mr. Chairman, liked. They probably think it could any of that. as a physician, a mother, and as a per- hurt President Obama if it doesn’t But we know that if these univer- son of a racial minority, which often pass. It also protects the big corpora- sities continue to spend that kind of bears the disproportionate impact of tions. Beyond that, it creates no jobs. money on regulations that are invali- pollution, I rise in opposition to H.R. It just creates the potential to cause dated and then have to come back and 2250 as well as H.R. 2681, which was just more sickness and premature deaths, spend more money, tuition costs are passed, and I rise in strong support of to damage the potential of our children going to go up, which makes it more the Waxman amendment, which I urge and, therefore, to damage our coun- difficult for some children to go to col- every colleague to support. try’s potential as well. lege. So this simply is a commonsense Both bills, H.R. 2681 and H.R. 2250, es- The claims of lost jobs, I believe, are approach, a balanced approach, saying: sentially wipe out EPA’s regulations, highly exaggerated. Bringing forth and EPA go back, revisit this issue. In 15 first of cement kilns, now of industrial pushing these extremely misguided and months, come out with a new regula- boilers and incinerators. It would have dangerous bills says that the pro- tion. And the EPA administrator shall serious public health impacts because ponents are willing to put our country set a compliance date not sooner than it would allow for the high emissions of and the future of their and our con- 5 years after the final rule. dangerous pollutants, which would stituents—of their and our children—at cause more asthma, heart attacks, But we have also heard a lot of dis- risk. cussion today about mercury, and, yes, birth defects, impaired brain develop- I ask my colleagues to vote for this we’re all concerned about mercury. But ment, which I’ll come back to, and amendment, this amendment that pro- EPA, itself, in developing the benefits other illnesses at a time when we’re tects the public health and that will of their regulation that we’re trying to working to improve the health of all save our children from a life that postpone, did not assign one dollar, one Americans, to reduce health care costs, would not be what we would want for dime, or one penny of benefit for the and when we are already struggling to them, one in which they might not be reduction of mercury emissions. And remain competitive. able to enjoy all of the benefits of this the reason they didn’t: because there All EPA is asking these entities to do country or fully realize their potential was not enough reduction, because is to meet the best existing standards or the American Dream. we’ve already cleaned up the air a in the industry—existing standards— Support this amendment. Reject the great deal relating to mercury. standards that they’ve had years to underlying bill and all of the bills that All of the benefits that they cal- meet. attempt to weaken the EPA. Vote, in- culated from their rule came from re- Mr. Chairman and colleagues, allow- stead, for our children, our grand- duction of particulate matter. In fact, ing these regulations to go forward is children and this country. critical because these entities emit I yield back the balance of my time. they said, the mercury reductions lead, arsenic, particulate matter, and Mr. WHITFIELD. I move to strike would be less than three-hundredths of other toxic substances, especially mer- the last word. 1 percent of global emissions. We’ve cury. If the Republican majority pro- The Acting CHAIR. The gentleman heard all sorts of testimony about mer- ponents of this bill have their way, we from Kentucky is recognized for 5 min- cury, that 90 percent or so of mercury will see more than 15,000 more cases of utes. comes from nature or from sources out- aggravated asthma, over 1,500 more Mr. WHITFIELD. A number of speak- side of the U.S. heart attacks, over 600 more cases of ers on the other side have indicated So I don’t think we need to be alarm- chronic bronchitis every year, and we that, if our legislation passes, new reg- ist about this. This is simply an ap- will also have over 100,000 additional ulations relating to Boiler MACT proach that, hey, our economy is pret- missed working days, which means lost would be put off indefinitely. I would ty weak right now. We’re losing a lot of productivity—all at a time when we’re like to clarify and point out that, in jobs. We’re having difficulty creating trying to improve the health of all section 3 on page 6 of this bill, it says: jobs. So, look, let’s just go back, look Americans, as I said, and improve For each regulation promulgated at this, in 15 months come back with a American competitiveness. pursuant to this legislation, the admin- new regulation, set a date for compli- But most importantly, the large boil- istrator of the Environmental Protec- ance, and let’s move forward. ers and incinerators are the second- tion Agency shall—not ‘‘may’’—shall I don’t think anyone can make a largest source of mercury, which, as establish a date for compliance. credible, verifiable argument that you’ve heard, is a grave risk to our So this is not being put off indefi- we’re out to destroy every young per- children both before and after birth, es- nitely. It explicitly says ‘‘shall.’’ son in America, every child in Amer- pecially on their brain development, Now, during the hearings that we’ve ica. As a matter of fact, we have a lot which makes these bills especially dan- had, extensive hearings on this Boiler of Democrats on this bill. There’s been gerous to the public health and can MACT that was adopted by the EPA in a similar bill introduced to this on the damage the learning and, thus, the so- 2004, which was invalidated by the Senate side with Democratic support. cial and economic potential of our chil- courts because of lawsuits filed by en- I urge all the Members to defeat the dren, as mercury stays in the environ- vironmental groups, the typical testi- Waxman amendment and support our ment for a long time. mony was this: underlying legislation, H.R. 2250. As an African American, I have to be EPA final rules impose unrealistic I yield back the balance of my time. particularly concerned. With more and very costly requirements that EPA Ms. EDWARDS. Mr. Chairman, I than 60 percent of polluting industries has not justified by corresponding envi- move to strike the last word. located in or near minority commu- ronmental and health protection from The Acting CHAIR. The gentlewoman nities, it is clear that the learning and reductions of hazardous air pollutants. from Maryland is recognized for 5 min- other neurological deficiencies caused Just as a practical example of what utes. by mercury would primarily impact I’m talking about, many universities, Ms. EDWARDS. Mr. Chairman, I was our communities. This not only ought in order to comply with that 2004 rule, going to speak about mercury, and I to concern African Americans, for the spent large sums of money. The Uni- will get to that, but I really have to children of Latinos, Asians, and Amer- versity of Notre Dame spent $20 million clarify for the RECORD and the public ican Indians would also be more likely to comply with that rule, which has record. to be impaired. It should be of concern now been invalidated, and EPA has We keep hearing, and we’ve heard to all of us. come out with an even more stringent once again on this floor from our Re- All the time spent on this bill and rule that’s going to cause a lot more publican colleagues, that the bill won’t the other bill that was just passed that money to be spent. harm public health or weaken health

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Mr. Chairman, I move to developing brains of infants, leading to the bill eliminates the 3-year compli- strike the last word. learning disabilities, attention deficits, ance deadline in the Clean Air Act and The Acting CHAIR. The gentlewoman behavioral problems, and a range of doesn’t set any new deadline. And, for from California is recognized for 5 min- other problems. the record, section 5 of the bill directs utes. This amendment is straightforward. the EPA to set weaker standards than Ms. HAHN. Mr. Chairman, I rise in It states that the bill does not stop the clean air requirements. support of this amendment. EPA from taking action to clean up So make no mistake. H.R. 2250, con- By the way, I believe we should be toxic air pollution from an industrial trary to what the other side is saying, alarmist; and I am an alarmist, and boiler or incinerator if that facility is has real legal effect and consequence, maybe that’s because I’m a mother, emitting mercury or other toxic pollut- and those effects weaken our protec- maybe that’s because I’m a grand- ants that are damaging babies’ devel- tion from air pollution and harm the mother, and maybe that’s because I oping brains. Who can vote against health of Americans, especially our represent Los Angeles, which has some this? children. of the worst air in their country. You know, you talk about jobs. My Now, I recognize that there is a zeal Just last year, in California, we had colleague, Mrs. MILLER, earlier talked for deregulation, but for clean air 2,400 deaths because of cargo-related about jobs and the economy and the standards, for clean water standards, pollution. We’re paying for the costs of cost of the regulations. But at what this really makes no sense. In fact, the people all over this country getting price do we have to pay for the next bill throws out EPA’s rules to require goods on time in their local stores. Be- generation’s health and quality of life? boilers and incinerators to reduce their cause of cargo-related pollution, there And by the way, the last I checked, emissions of toxic mercury. And unlike is about 350,000 days of lost school. adding more pollution into the air is the statements that have been made on That is a real problem for this coun- not a jobs plan. this floor, this comes in the wake of a try. Pollution does impact our chil- I yield back the balance of my time. bill to nullify EPA’s rules to clean up dren. Pollution does impact their lives. Mr. GRIFFITH of Virginia. I move to cement kilns, and yet another bill to We know even there is a million days strike the last word. nullify EPA’s rules to clean up power of lost work, lost productivity in this The Acting CHAIR. The gentleman is plants. country because of pollution-related recognized for 5 minutes. When does it stop? When does the illnesses in the workplace. Mr. GRIFFITH of Virginia. Mr. public health and the consequences of I’m for this amendment because the Chairman, I listened to the gentlelady these actions become important to the underlying bill nullifies EPA’s rules to with interest. And, of course, it’s easy American people instead of just this require boilers and incinerators to re- to sit in Washington and whatever move to deregulation? Just this last duce their emissions of toxic mercury. group you may be with and say this month, the Republicans have pushed And this comes in the wake of a bill to group is wrong or that group is wrong, legislation to let the Nation’s largest nullify EPA’s rules to clean up cement and everybody can trot out their ex- source of toxic mercury pollution off kilns and another bill to nullify EPA’s perts. But, ladies and gentlemen, the the hook for cleaning up their emis- rules to clean up power plants. CRS doesn’t own and operate boilers, sions, jeopardizing public health. And Just within the last month, my col- businesses do. Lots of them are going for what? leagues on the other side have pushed to be impacted by this—big businesses, Now, I’ve heard that we shouldn’t legislation to let the Nation’s largest small businesses, and the people who have so much concern about mercury, sources of toxic mercury pollution off work for them. but somebody in this House, somebody the hook for cleaning up their emis- Last week I referenced a letter to the in this Congress has to be concerned sions. And they defend this policy by editor of the Virginian Leader sent in about the public health consequences pointing to these industry studies by Mr. and Mrs. Kinney, in which they to our children of toxic mercury emis- about the costs of complying with said: ‘‘I’m going to be very blunt with sions. these rules. the following opinion: As a factory They also cite studies from the One study that gets cited over and worker and taxpayer, I’m getting sick American Forest & Paper Association, over is a study by the Council of Indus- and tired of these Federal agencies who from the Council of Industrial Boiler trial Boiler Owners, or CIBO. This have nothing better to do except sit in Owners, and these are nothing more study, by the way, has been completely their Washington offices and draw up than industry studies that seek to ab- discredited. For example, the non- rules and regulations to kill American solve the industry from cleaning up its partisan Congressional Research Serv- jobs. Why don’t they get off their sorry own mess. They’ve been refuted by ac- ice examined this study and concluded: behinds and go out across the Nation tual scientists. And I suggested on this ‘‘the base of CIBO’s analysis is flawed. and try to help industry save what jobs floor we actually pay attention to As a result, little credence can be we have left? And who is paying these science and facts and not just a move placed in CIBO’s estimate of job EPA people’s salary? We are, the Amer- to deregulate because we’re interested losses.’’ ican workers. I believe in protecting in doing industry a favor at the ex- They also cite a study by the Amer- the environment, but we can’t shut the pense of public health. ican Forest & Paper Association con- whole country down to achieve it.’’ And we know that, contrary to cluding that the boiler rules will cost I referenced that letter last week, what’s been said, the public health con- jobs. and I referenced Giles County in my sequences of mercury are clear; they’re comments in a Republican radio ad- stated; they’re facts; they’re science. b 1250 dress later that week. And in response So let’s not undercut that. Mercury is Mr. Chairman, Dr. Charles Kolstad, to that, Mr. and Mrs. Kinney wrote a powerful neurotoxin. It harms devel- chair of the department of economics again to the Leader. And we’re not oping brains of infants. It leads to at the University of California, Santa talking about big businesses here, learning disabilities. It causes atten- Barbara, reviewed this analysis and we’re talking about businesses that af- tion deficits and behavioral problems said: ‘‘If I were grading this, I would fect employees in small counties all and a whole range of other problems. give it an F. The economics is all across this country. The Leader, for ex- So the Republicans cannot be al- wrong.’’ ample, has 5,100 subscribers. It’s not a lowed, Mr. Chairman, to pick and Dr. Kolstad described the methods as giant newspaper. choose their facts and their science. ‘‘fundamentally flawed.’’ And he said The Kinneys wrote back in: ‘‘As I The facts and the science are as they that, as a result, the jobs estimates stated in the 9/21/11 letter to the editor, are, and we should not be nullifying were ‘‘completely invalid.’’ I’m a blue collar factory worker with

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limited education, and I have worked other 61⁄2 years, and maybe longer, be- b 1300 for our county’s largest employer for fore we can do anything to start down So, Mr. Chairman, I must offer an nearly 35 years. The only reason I am the road to reduce the pollution that’s amendment that will clarify that sec- speaking out on this issue is this: To going to poison these kids. tion 5 of H.R. 2250 is intended to sup- get others involved. Our economic fu- I ask for an ‘‘aye’’ vote on the plement the provisions of and shall not ture and way of life here in Giles Coun- amendment, and I hope that people re- be construed to supersede any require- ty could be on the line unless residents, alize this is a bill that will pass the ment, limitation or other provision of business owners, civic organizations, House, but in my view, given the Presi- sections 112 and 129 of the Clean Air and others come together and support dent’s statement of a veto, it’s not Act. H.R. 2250.’’ going to become law. This single provision in section 5 will You know what, ladies and gentle- I yield back the balance of my time. have the effect of exempting inciner- men? The people of America under- The Acting CHAIR. The question is ators, exempting industrial boilers, and stand that the EPA is in fact killing on the amendment offered by the gen- exempting cement plants from max- jobs. They understand that while we tleman from California (Mr. WAXMAN). imum reductions in toxic air pollution The question was taken; and the Act- have to have a clean environment, and emissions, in contrast to every other ing Chair announced that the noes ap- we all want a clean environment, as major industrial source of toxic air pol- the gentleman from Kentucky said ear- peared to have it. Mr. WAXMAN. Mr. Chairman, I de- lution in this Nation. lier today, we can do that. This is a The majority, even after being asked reasonable approach. H.R. 2250 is a very mand a recorded vote. The Acting CHAIR. Pursuant to repeatedly over and over and over reasonable approach which will do again, has yet to explain why Congress both, continue us on the regulatory clause 6 of rule XVIII, further pro- ceedings on the amendment offered by should carve out exemptions for the path but make sure those regulations Nation’s dirtiest polluters, in total dis- are reasonable and effective, and make the gentleman from California will be postponed. regard for the public health of the sure that we protect the jobs of the American people and at the expense of AMENDMENT NO. 6 OFFERED BY MR. RUSH United States of America while we go those very companies that have al- Mr. RUSH. Mr. Chairman, I have an forward in protecting the environment ready invested in the technology to amendment at the desk. as well. meet the minimum requirements of I yield back the balance of my time. The Acting CHAIR. The Clerk will designate the amendment. this law. Mr. WAXMAN. Mr. Chairman, I move Mr. Chairman, if it is truly the ma- to strike the last word. The text of the amendment is as fol- lows: jority’s intent to clarify the rules and The Acting CHAIR. Without objec- to provide certainty for business, then tion, the gentleman from California is At the end of section 5, add the following: (c) RULE OF CONSTRUCTION.—This section is this amendment will accomplish that recognized for 5 minutes. intended to supplement the provisions of, purpose; but I don’t believe that that is There was no objection. and shall not be construed to supersede any their intent, and I don’t believe that Mr. WAXMAN. I just want to point requirement, limitation, or other provision that is what their goal and objectives out to my colleagues that what the bill of, sections 112 and 129 of the Clean Air Act are. They have a singular purpose in all does is repeals the previous rule, regu- (42 U.S.C. 7412, 7429). of these bills that we have been debat- lation, and then prohibits EPA from The Acting CHAIR. The gentleman ing on this floor as it relates to the adopting another regulation for 15 from Illinois is recognized for 5 min- Clean Air Act, and that is to com- months. And when they adopt another utes. pletely nullify and gut the Clean Air regulation, it can’t be enforced for an- Mr. RUSH. Mr. Chairman, let us not Act so that polluters in this Nation can other 5 years. And then there’s no be distracted by this confused, back- keep on polluting the very air that we deadline. But meanwhile, they lower ward, and short-term thinking on the breathe. the standard for EPA in setting that part of our Republican colleagues. This So, Mr. Chairman, I urge all of my regulation. bill represents just another attack on colleagues to support my amendment. EPA is in the process now of negoti- the Nation’s long-standing environ- The Acting CHAIR (Mr. YODER). The ating with the industry to work out mental protection laws in general and time of the gentleman from Illinois has the information and the problems that the EPA in particular. expired. have been brought to their attention. On behalf of a select few polluting in- (On request of Mr. WAXMAN, and by We ought to give EPA the chance to do dustries that operate under the as- unanimous consent, Mr. RUSH was al- that and get the full input from the in- sumption that the timing is right to lowed to proceed for 1 additional dustry. If legislation is needed, we permanently alter, gut, and obliterate minute.) ought to consider what legislation is the Clean Air Act, the law that the Mr. RUSH. I yield to the ranking needed. The approach of this bill is to chairman of the subcommittee and member. set us back enormously. When you many others have said is working on Mr. WAXMAN. I thank you for yield- don’t have anything in place but the behalf of the American people. ing to me. I want to join you in urging weakest possible criteria, and then While most businesses have been support for this amendment. nothing can happen for 5 years, and planning and preparing for these rules, Whatever the motivation is of your maybe even longer because it takes 15 which have already been delayed for legislation—and I can understand your months to get the regulation, no en- years and in some cases have been de- reason for being very skeptical. I share forcement for 5 years after that—and layed over a decade, some of the more it. But what the industry should want maybe never—that’s not a reasonable opportunistic dirty industries see this is regulatory certainty. And this bill approach. radical Republican majority and their adds more confusion to what is already If the industry wants a law, the in- radical agenda targeting the EPA and a long overdue effort to reduce toxic dustry ought to work on telling us all of our clean air laws as the perfect air pollution from boilers and inciner- what they need, and not going on this time to try and permanently alter the ators. With no timeline for implemen- escapade with the Republicans who Clean Air Act. tation of new emissions standards, the would like to repeal the whole Clean Section 5 of H.R. 2250 disregards the bill creates significant questions about Air Act and repeal the ability of the clean air standards that will help re- how EPA would set limits for toxic air EPA to protect the public from toxic duce toxic air pollution, like mercury pollution. If they think it’s regulatory pollution. And, of course, the amend- and soot from some of our Nation’s big- certainty that they don’t have to do ment that’s before us is that insofar as gest polluters—cement plants, indus- anything for years, they’d better not this bill becomes law, when we’re talk- trial boilers, and incinerators. count on it. And if they want regu- ing about poisoning children’s brains, Instead, this section would make fun- latory certainty, they’d better come we’re not going to stop EPA from get- damental and damaging changes to the forward and work something out. ting their regulations in place and get- Clean Air Act and would ensure that In the meantime, your clarification ting them enforced. It’s obscene to future standards do not meaningfully provides the certainty, and I urge think, the idea that we would wait an- reduce emissions into the air. Members to support it.

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.052 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6652 CONGRESSIONAL RECORD — HOUSE October 6, 2011 Mr. RUSH. I yield back the balance (1) STAY OF EARLIER RULES INAPPLICABLE.— impacting minority children. When our of my time. Insofar as the rules listed in subsection (b) kids can’t run around outside to exer- Mr. WHITFIELD. I rise in opposition apply to sources of air pollution in any of cise, when they’re missing school with to the amendment. the 10 metropolitan areas of the United asthma, we’re creating all sorts of States with the worst air quality, such rules The Acting CHAIR. The gentleman other health and educational deficits. from Kentucky is recognized for 5 min- shall, notwithstanding subsection (b), con- tinue to be effective. Los Angeles has recognized its air utes. (2) NEW STANDARDS INAPPLICABLE IF LESS quality problems. Since the Clean Air Mr. WHITFIELD. The gentleman’s PROTECTIVE OF PUBLIC HEALTH AND THE ENVI- Act amendments of 1990, we’ve made amendment would simply add an addi- RONMENT.—With respect to sources of air pol- dramatic air quality improvements. In tional paragraph at the end of section lution in any of the 10 metropolitan areas of the last decade, we’ve managed to re- 5 of our bill, and basically it would say the United States with the worst air quality, duce particulate pollution levels in Los that section 5 in our bill would not be the provisions of the regulations promul- Angeles by 40 percent. We cannot af- construed to supersede any require- gated under subsection (a)— ford to go backwards. That’s why I’m ment, limitation or other provision of (A) shall apply to such sources, and shall offering this amendment today. sections 112 and 129 of the Clean Air replace the rules listed in subsection (b), to My amendment would ensure that the extent such provisions are equally or Act. And because his amendment would the Environmental Protection Agency say ‘‘it does not supersede’’ is the rea- more protective of public health and the en- vironment than the corresponding provisions will keep their higher standards of son that we want to oppose the amend- of the rules listed in subsection (b); and clean air protections for the 10 metro- ment. (B) shall not apply to such sources, and politan areas with the worst air qual- Now section 5 says this, and this is shall not replace the rules listed in sub- ity. The American Lung Society lists what we want to supersede section 112 section (b), to the extent such provisions are the 10 worst regions with year-round and 129 of the Clean Air Act, in promul- less protective of public health and the envi- particulate matter. gating rules, the administrator shall ronment than the corresponding provisions They are Bakersfield-Delano in Cali- ensure that emission standards for ex- of the rules listed in subsection (b). fornia; Los Angeles-Long Beach-River- isting and new sources established (3) DEFINITIONS.—In this subsection: (A) The term ‘‘metropolitan area’’— side in California; Visalia-Porterville under section 112 or 129 can be met in California; Phoenix-Mesa-Glendale under actual operating conditions con- (i) for purposes of subparagraph (B)(i), means the metropolitan statistical area or in Arizona; Hanford-Corcoran in Cali- sistently and concurrently with emis- consolidated metropolitan statistical area fornia; Fresno-Madera in California; sions standards for all other air pollut- (as established by the Bureau of the Census) Pittsburgh-New Castle in Pennsyl- ants regulated by the rule for the most closely corresponding to the city or vania; Birmingham-Hoover-Cullman in source category taking into account group of cities ranked among the cities with Alabama; Cincinnati-Middletown-Wil- variability and actual source perform- the worst year-round particle pollution in mington in Ohio, Kentucky, and Indi- ance, source design, fuels, input, con- the ‘‘State of the Air 2011’’ report of the ana; Modesto in California; and Louis- trols, ability to measure pollutants’ American Lung Association; and (ii) for purposes of subparagraph (B)(ii), ville-Jefferson County-Elizabethtown- emissions and operating conditions. Scottsburg in Kentucky and Indiana. In other words, we want to be sure means a metropolitan statistical area or consolidated metropolitan statistical area b 1310 that can be met under actual operating (as established by the Bureau of the Census). conditions. (B) The term ‘‘10 metropolitan areas of the I believe that the underlying bill is a And then the second part of our sec- United States with the worst air quality’’ giant step backwards for those commu- tion 5 that we want to be sure super- means— nities and for the air quality and envi- sedes, which this amendment would (i) during the 5-year period beginning on ronment of people living in this coun- not allow, is that we put in section 5 the date of the enactment of this Act, the 10 try. My amendment solely focuses on the President’s own executive order in metropolitan areas listed in the ‘‘State of trying to continue to protect people in which he says that the administrator the Air 2011’’ report of the American Lung communities with the worst air quality shall impose the least burdensome reg- Association as having the worst year-round standards. These communities cannot ulation consistent with the purposes of particle pollution; and afford to have lower standards that (ii) during each successive 5-year period, the act. the 10 metropolitan areas determined by the will result in more asthma, more can- So all we’re doing in section 5 is say- Administrator of the Environmental Protec- cer. ing we want to make sure that it’s the tion Agency to have the highest year-round By protecting our public health, we least burdensome pursuant to the levels of particulate matter in the air. will not lose jobs. It’s a false premise President’s own executive order and The Acting CHAIR. The gentlewoman that to create jobs we need to hurt our that we want to be sure that it can be from California is recognized for 5 min- Nation’s environment and health. For met in actual operating conditions. utes. example, the ports of Los Angeles and So for that reason, we would respect- Ms. HAHN. Mr. Chairman, today I’m Long Beach were able to improve air fully oppose the gentleman’s amend- offering an amendment that will pre- quality and create jobs and industry. ment. serve the critical air pollution protec- These ports are the economic engine of The Acting CHAIR. The question is tions for the places that they are need- this country. I call them ‘‘America’s on the amendment offered by the gen- ed most. For the people in my district, ports.’’ About 44 percent of all the tleman from Illinois (Mr. RUSH). air pollution is a major health prob- cargo in this country comes through The question was taken; and the Act- lem. The Los Angeles region always is those ports. ing Chair announced that the noes ap- near the top of the Nation’s worst air A lot of people said you can’t have peared to have it. quality rankings. Unfortunately, the clean air and good jobs, but let me tell Mr. RUSH. Mr. Chairman, I demand a people of my district don’t need to read you what really happened. We cut port recorded vote. pollution by 70 percent since 2005 with- The Acting CHAIR. Pursuant to the statistics from the American Lung out losing a single job. I’ll say that clause 6 of rule XVIII, further pro- Association to know that there’s a pol- again: a 70 percent reduction in pollu- ceedings on the amendment offered by lution problem in our communities. They see it in the dark soot that tion at the cost of zero jobs. In fact, the gentleman from Illinois will be seeps into the homes of families living the green industry jobs were spawned, postponed. near the port in Wilmington. They see creating more jobs. AMENDMENT NO. 15 OFFERED BY MS. HAHN it in the labored breathing of a little Our more vigorous environmental Ms. HAHN. I have an amendment at girl in Lomita staying home from standards in California aren’t stopping the desk. the facilities in my district from thriv- The Acting CHAIR. The Clerk will school because of asthma. They see it ing. That’s why I find it so upsetting designate the amendment. in the tears of loved ones in San Pedro The text of the amendment is as fol- burying someone lost before their time that, under the banner of protecting lows: to cancer or lung disease. jobs, our colleagues on the other side of But the statistics are there too. In the aisle are moving to delay or de- At the end of section 2, add the following: (d) TEN METROPOLITAN AREAS OF THE Los Angeles, 6 to 7 percent of all chil- stroy the protections that ensure our UNITED STATES WITH THE WORST AIR QUAL- dren have asthma—higher than the na- children can grow up breathing clean ITY.— tional average, and disproportionately air.

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.056 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6653 My colleagues on the other side of trations. But let’s not pretend that the lead to job losses. I don’t agree with the aisle claim making our air dirtier job is done. that assessment. is a way to stimulate the economy, but In the 10 worst polluted areas—these Over the past 40 years, the Clean Air a peer-reviewed Cal State, Fullerton are the worst polluted, nonattainment Act has fueled American innovation study found that dirty air in the costs areas in the country—every day, people and has created jobs, and it has made residents $22 billion a year in health are breathing unhealthy levels of air the United States a leader in the costs, premature deaths, lost days of pollution, and they’re going to emer- multibillion-dollar environmental work, lost days of school—$22 billion a gency rooms because the air outside is technology sector. year wasted because of dirty air. making them sick. And every day, Mr. Chairman, the health benefits of I reject the false choice between good some are dying before their time. In EPA safeguards are not in dispute, and jobs and clean air. We’ve already prov- the summer, cities and towns across that’s why those facts should be in- en that they can go hand in hand with the country have red alerts, and moms cluded as part of this bill. the Clean Air Action Plan at the Port are afraid to let their kids play out- For decades, industrial boilers and of Los Angeles. side. There’s something fundamentally incinerators have been some of the I also want to add that environ- wrong with that. largest pollution emitters in the mental regulations are not topping the Despite the progress we’ve made, we United States. They’re responsible for list of problems that small businesses need to make sure that we cut these some of the most dangerous air pollut- in my community are facing. Last air pollutants that are very, very ants we have in this Nation, including week, I met with over 50 small busi- harmful. We’ve been talking a lot mercury, lead, and cancer-causing nesses, and they said they need more today about mercury, but the EPA dioxins. That’s why EPA took action access to capital, not less regulation. boiler rules would reduce the emissions last year to require that industrial I yield back the balance of my time. of fine particle pollution, which can boilers and incinerators cut their emis- Mr. WHITFIELD. Mr. Chairman, I lodge deep in the lungs and cause seri- sions and simply follow the Clean Air rise in opposition to the amendment. ous health effects. Act. The Acting CHAIR. The gentleman Living in the United States should But instead of supporting EPA’s ac- from Kentucky is recognized for 5 min- not be a health risk, and I hope that we tion, the bill before us would delay utes. will not vote to nullify these EPA boil- their standards by at least 31⁄2 to 4 Mr. WHITFIELD. The gentlelady er rules and also nullify the health ben- years. It would eliminate any deadline from California may view this argu- efits in these various polluted areas. by which industrial boilers and inciner- ment about jobs as a false choice, but Mr. Chairman, I yield back the bal- ators must comply with EPA safe- we do have letters from over 300 orga- ance of my time. guards. It could mean thousands and nizations concerned about the impact The Acting CHAIR. The question is thousands of additional pounds of mer- on jobs that these EPA regulations will on the amendment offered by the gen- cury and other toxic pollution released have, including letters of support from tlewoman from California (Ms. HAHN). into our air each year. five of the largest labor unions in the The question was taken; and the Act- Now, proponents of this legislation country. ing Chair announced that the noes ap- are quick to say EPA safeguards to cut The gentlelady’s amendment would peared to have it. this pollution would—and now comes Ms. HAHN. Mr. Chairman, I demand basically say that, in the 10 metropoli- the drumroll—cause economic ruin and a recorded vote. tan areas chosen by the American job losses, and they point to industry- Lung Association, the current boiler The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further pro- paid-for studies to provide evidence. rules would be retained regardless of But indefinitely delaying EPA safe- what our legislation may do. ceedings on the amendment offered by the gentlewoman from California (Ms. guards will not lead to the economic So we are opposed to her amendment ruin and job losses. What it will do is HAHN) will be postponed. for two reasons. One, we don’t want the put the lives and the health of millions AMENDMENT NO. 16 OFFERED BY MRS. CAPPS legislation to be changed because we of Americans at risk. Mrs. CAPPS. Mr. Chairman, I have think it’s necessary to have the bal- Failing to implement the EPA’s air anced approach throughout the coun- an amendment at the desk. The Acting CHAIR. The Clerk will pollution standards for boilers and in- try and not to exclude 10 metropolitan cinerators would result, just in 1 year, areas. But the second reason we would designate the amendment. The text of the amendment is as fol- in as many as 6,600 premature deaths, be opposed to it is that to allow one lows: 4,100 nonfatal heart attacks, 4,400 hos- private entity—even if it’s the Amer- pital and emergency room visits, 42,000 ican Lung Association, an organization After section 1, insert the following section (and redesignate the subsequent sections, cases of aggravated asthma, and over we all have respect for. But we don’t and conform the internal cross-references, 320,000 days of missed work and school. think that they should be determining accordingly): For every additional year of delay that what should be in this legislation. SEC. 2. FINDING. H.R. 2250 allows, these numbers only So for that reason, I would respect- The Congress finds that, according to the continue to grow. fully oppose the amendment and ask Environmental Protection Agency, if the And we know this because EPA’s that the amendment be defeated. rules specified in section 3(b) are in effect, analysis must follow the criteria set I yield back the balance of my time. then for every dollar in costs, the rules will out by the Office of Management and Mr. WAXMAN. Mr. Chairman, I rise provide at least $10 to $24 in health benefits, due to the avoidance each year of— Budget. Their analysis is based on in support of the amendment. peer-reviewed studies. The analysis is The Acting CHAIR. The gentleman (1) 2,600 to 6,600 premature deaths; (2) 4,100 nonfatal heart attacks; transparent, it is subject to public from California is recognized for 5 min- (3) 4,400 hospital and emergency room vis- comment, and it has to be reviewed utes. its; again by the Office of Management and Mr. WAXMAN. I support this amend- (4) 42,000 cases of aggravated asthma; and Budget. The industry studies meet ment, and I want to congratulate the (5) 320,000 days of missed work or school. none of these criteria. gentlelady from California for offering The Acting CHAIR. The gentlewoman Mr. Chairman, it is true that EPA al- this amendment. Her constituents from California is recognized for 5 min- ready announced it is reexamining as- should be rightfully proud of the fact utes. pects of these safeguards. They set out that she is fighting for them and for Mrs. CAPPS. Mr. Chairman, it’s my a time line providing industry more the good health of the American peo- hope that we can all simply agree to than enough time and opportunity to ple. this amendment. It would simply add a weigh in before refinalizing the rules Her amendment recognizes the fact finding to the bill illustrating the by next April. that we’ve made great progress on air health benefits of EPA’s mercury and pollution in this country because we’ve air toxic cleanup standards for indus- b 1320 had a strong Clean Air Act and because trial boilers and incinerators. EPA has said that it does not need we’ve let EPA do its job under both Opponents of these cleanup standards nor want additional time for Congress. Democratic and Republican adminis- argue that they cost too much and will Delays only hurt America’s health.

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.060 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6654 CONGRESSIONAL RECORD — HOUSE October 6, 2011 Again, it’s worth repeating. Hundreds lack of transparency, and different yond the date that is 5 years after the effec- of thousands of jobs are not at risk groups come up with different num- tive date of such regulation; and from these safeguards, like some of my bers. The Acting CHAIR. The gentleman colleagues say. EPA’s analysis, re- Mrs. CAPPS. Will the gentleman from Pennsylvania is recognized for 5 viewed by the Office of Management yield? minutes. Mr. WHITFIELD. I would be happy to and Budget economists, project that Mr. DOYLE. Mr. Chairman, we’ve yield to the gentlewoman from Cali- these standards will have a net positive been debating this bill, H.R. 2250, for fornia. impact on EPA—that’s EPA’s analysis, several months now in the Energy and Mrs. CAPPS. I just wanted to ask if reviewed by the Office of Management Commerce Committee. And as we’ve you are aware that these numbers have and Budget—and they will achieve heard from the bill’s supporters, the to be peer reviewed, so scientists and enormous public health benefits that bill is intended to address the Boiler organizations have evaluated them, allow Americans to work and go to MACT rule that was proposed by EPA and they’ve come in. And they also school and lead healthy lives. in April of 2010 and finalized in Feb- For every dollar industry spends to have to be screened by the Office of ruary of 2011. clean up even one industrial boiler or Management and Budget, OMB, and incinerator, Americans get up to $24 then they’re sent back to EPA. So Many of us here know that when the back in health benefits. What other in- they’ve gone through quite a wide vari- Boiler MACT regulation was finalized, vestment results in this astonishing re- ety of verifications. EPA asked for 15 months to issue a re- turn for the American people? And Would you disagree with that fact? proposal. The courts rejected that re- that’s why I’m offering this simple Mr. WHITFIELD. No. I agree that it’s quest and, thus, EPA was forced to amendment today. It would remind us been peer reviewed, and I can also give issue the rule on time in February of all of the tremendous health benefits you a long list of scientists who also 2011. However, EPA immediately insti- that EPA’s mercury and air toxic have peer reviews that do not agree tuted an administrative stay on several cleanup standards will achieve, and with these numbers. I can also give you major rules within the regulation, say- they should be included in this bill. a list of names of people at OMB who ing that they would begin reconsider- So I urge my colleagues to support question these numbers. I can also give ation with new information that had this straightforward amendment, and I you a list of academics at universities been made available. yield back the balance of my time. that question these numbers. In the last few months, I’ve met with Mr. WHITFIELD. Mr. Chairman, I Mrs. CAPPS. But they did go through many industries and companies that rise in opposition to the amendment. the process. expressed concern with the provisions The Acting CHAIR. The gentleman Mr. WHITFIELD. Yes, they went in this final rule. I’ve listened and even from Kentucky is recognized for 5 min- through the process. And our analysis helped foster ongoing conversations be- utes. went through the process too. But they tween those industries and EPA as Mr. WHITFIELD. The gentlelady come up with different numbers. There- they worked toward a reproposal of the made a comment that she genuinely fore, because of that, we don’t think Boiler MACT rule. questions whether jobs are at risk, and it’s right to put these particular num- Then we were offered this bill, the I would simply say that, as I said ear- bers in there when there’s so much dis- EPA Regulatory Relief Act. We were lier, we received over 300 letters. We re- agreement on the numbers. told that this bill would simply give ceived phone calls. We received emails. So with that, I would respectfully EPA the time that they had already We have five major labor unions, na- ask Members to oppose the amend- asked for to work on the rule and re- tional labor unions, supporting this ment, and I yield back the balance of propose a new final rule. After the con- legislation. And the people involved in my time. versations I had had with companies in these businesses are telling us that The Acting CHAIR. The question is my district, I thought this would be a they are going to have to cut off people on the amendment offered by the gen- good solution. from work. They’re going to have to tlewoman from California (Mrs. terminate people’s employment in The problem is, when you dig a little CAPPS). deeper, I’ve said for a long time, this some instances. The question was taken; and the Act- EPA Boiler MACT rule is far from per- And as I said, the University of Notre ing Chair announced that the noes ap- fect. But the trouble is the bill we have Dame said they spent $20 million try- peared to have it. before us today is even further from ing to comply with the old rule that Mrs. CAPPS. Mr. Chairman, I de- perfect because it doesn’t just give was invalidated, and now they’re going mand a recorded vote. EPA time to reconsider the rule; it to have to spend another X millions of The Acting CHAIR. Pursuant to tells EPA they can’t issue a new rule dollars to meet these new rules. clause 6 of rule XVIII, further pro- for at least 15 months. But there’s no I would oppose the amendment be- ceedings on the amendment offered by deadline for final action. Further, it cause, basically, the gentlelady from the gentlewoman from California will practically rewrites sections 112 and California is asking us to put into the be postponed. findings of the Environmental Protec- 129 of the Clean Air Act by eliminating AMENDMENT NO. 4 OFFERED BY MR. DOYLE tion Agency’s calculation that for the need for numeric emission limits Mr. DOYLE. Mr. Chairman, I have an every dollar in cost, the rule will pro- for MACT standards. amendment at the desk. vide at least $10 to $24 in health bene- But perhaps the most egregious to The Acting CHAIR. The Clerk will fits. Now, that alone is kind of inter- me was section 3 of the bill. It once designate the amendment. esting. From $10 to $24, that’s over a again rewrites the Clean Air Act. The The text of the amendment is as fol- 100 percent variance there, flexible Clean Air Act provides for 3 years for lows: zone there. It’s not very precise. compliance with MACT standards with And then she says that it’s going to Page 6, beginning on line 20, strike para- the possibility of a 4th. Section 3 of graph (1) and insert the following paragraphs this bill tells us to throw that out. It avoid either 2,600—up to 6,600 pre- (and redesignate the subsequent paragraph mature deaths a year, so many accordingly): tells us that for the Boiler MACT rule, nonfatal heart attacks, so many hos- (1) shall establish a date for compliance compliance cannot be required for at pital emergency room visits, so many with standards and requirements under such least 5 years. However, it then says to cases of aggravated asthma, so many regulation in accordance with section the EPA administrator, it gives the ad- cases of missed work and school. 112(i)(3) of the Clean Air Act (42 U.S.C. ministrator the ability to establish Well, all of us have sat in a lot of 7412(i)(3)); compliance dates. So depending on who these hearings. We’ve looked at a lot of (2) may, if the Administrator determines the administrator is at the time these numbers, and I tell you what. There’s there is a compelling reason to extend the rules are finalized, compliance could be date for such compliance, provide an exten- no agreement on any of these numbers. sion, in addition to any extension under sec- required in 5 years, in 10 years, in 50 There are questions about the assump- tion 112(i)(3)(B) of such Act (42 U.S.C. years, in 105 years. That’s just unac- tions. There are questions about the 7412(i)(3)(B)), extending the date for such ceptable, and that’s why I’m offering modeling. There’s questions about the compliance up to one year, but in no case be- this amendment today.

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.063 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6655 I support many of the things in this to the administrator, it can’t be sooner something that many of us would con- bill and I recognize the need for a re- than 5 years, but it could be as long as sider because you would have a 5-year proposal of this rule, but I don’t sup- you determine that you want it to be. deadline. You don’t have a deadline. port 5 years to infinity for compliance. It could theoretically be a hundred That’s my problem. You have a no- And so this amendment will simply re- years. I’m not saying it would be a sooner-than, but you don’t have a dead- quire that we go back to the estab- hundred years, but theoretically speak- line. lished compliance time lines in the ing. I thank my friend. Clean Air Act. It even gives the possi- We realize that the proposed rule has Mr. WHITFIELD. I yield back the bility for an additional year of compli- flaws and it needs to be reworked. I’m balance of my time. ance if a compelling reason is found. with you on the 15-month rewrite, and Mr. GRIFFITH of Virginia. I move to I urge my colleagues to support this we’re working with industries right in strike the last word. amendment and make this a bill that Pittsburgh with EPA on this as we The Acting CHAIR. The gentleman is we can all support when it comes for speak. What concerns many of us is recognized for 5 minutes. final passage. that there’s no time line, there’s no Mr. GRIFFITH of Virginia. Mr. I yield back the balance of my time. end line, for compliance in your legis- Chairman, I would have to rise in oppo- Mr. WHITFIELD. Mr. Chair, I rise in lation. You say no less than 5 years, sition to the amendment. I agree with opposition to the amendment. but you never say when is the final many of the comments that were made The Acting CHAIR. The gentleman deadline. All this amendment asks for in regard to everybody trying to be from Kentucky is recognized for 5 min- is to go back to the Clean Air Act reasonable and work some things out utes. where there’s some definition. It’s 3 on this, but one of the concerns that I Mr. WHITFIELD. Mr. Chairman, we years with the possibility of additional have and the reason that the language all have great respect for the gen- time if the case calls for it. I think if is as it is in the bill, which says that tleman from Pennsylvania, and you we could get some sort of a finalized it’s 5 years unless there’s an extension could make some very good arguments deadline on compliance, that you could by the administrator, is that in the for his amendment. Basically, he said get a lot of support on this side of the real world sense of things, many com- the amendment would set a 3-year aisle and possibly even pass this bill. panies find it difficult to hit the target, compliance date and allow a case-by- As it’s written today, it makes it im- and I would hate to see us losing jobs case extension for up to 2 years if the possible for those of us that are sympa- because we had 5 years and 1 month. administrator of the EPA determined thetic to a lot of what is in this bill to Under this amendment if they needed 5 that there was a compelling need, and be able to support it, and I think it years and 1 month or 5 years and 6 that’s reasonable. makes it difficult for the President to months to comply, then they would not But one of the problems that we con- sign it and for it to pass the Senate. be in compliance, and it may very well tinue to run into on these Boiler MACT I would just ask my friend, as we cost jobs and cause a company to make rules, and all the hearings have pointed consider this legislation, that we at a decision that they don’t think they this out: the fact that lawsuits are al- least give some certainty to the folks can make it. ways being filed and litigation is con- who want their air clean that at some In real world examples, everything is tinually going on at EPA and consent point there’s going to be a line that not perfect, and I have discussed this decrees are being entered into, and it’s says, this is the end date, this is when several times, but one of the factories an ever-changing situation over there you comply, not some date in the fu- in my area of the Celanese company, on the exact rule. ture that’s not defined in the bill. they have to see what the regs look I thank my friend for yielding. like, then they have to see if they can b 1330 Mr. WHITFIELD. I thank the gen- retool for using coal. That takes time The one argument that we hear con- tleman for his comment. Those are to figure out whether they can retool tinually from the affected groups is very good thoughts and very good their facility to meet the compliance. that they need certainty, and even on a ideas. As you know, a similar bill has If they can’t meet the compliance, then case-to-case basis, if the administrator been introduced in the Senate. We what about natural gas or some other determines a compelling need, we don’t don’t know if it’s going to pass or not. fuel source? Well, guess what? They have that 100 percent certainty that we If it does pass, we want to be able to go don’t have a natural gas line coming really want. And so our legislation into conference with as much flexi- into the community where they’re lo- does say that within 15 months, they bility as possible. That’s why we chose cated that would have enough natural have to come back with the promulga- a 5-year period instead of a 3-year pe- gas in it for any industrial purpose. As tion of a new rule, and it does say that riod, recognizing that there is some un- a result of that, they then have to try the administrator shall establish a certainty in both the 3-year and the 5- to figure out how they’re going to cross date for compliance no earlier than 5 year. Under your situation if there’s a rivers and mountains in order to get years after the effective date of the compelling need, on a case-by-case natural gas into that community in regulation, and it does say that the basis, they could extend it. In ours, the order to keep those jobs available. EPA administrator may provide addi- administrator under certain cir- The problem with this amendment is tional time if he or she chooses to do cumstances could extend it. We do have it is a solid 5 years and you’re done. so. Just looking at the track record of some Democratic support. We would What we’re trying to do with the bill EPA, I don’t suspect that they would love to have your support. If we get overall, while we want to be reasonable be doing that a lot, but they might. into conference, that is one of the parts and we want to try to work something But they do have to set a compliance of this bill that we hope that we can out, we want to also have the EPA ad- date. We say you must set a compli- negotiate with the other side and come ministrator in a position that in real ance date not earlier than 5 years. up with something that’s satisfactory world circumstances, with real world Mr. DOYLE. Will the gentleman for both. jobs, not in the ivory towers of the uni- yield? I really appreciate your bringing it versities necessarily or even here in Mr. WHITFIELD. I would be happy to to our attention and offering your the ivory towers of Washington, but yield. amendment. As I have said, with as out there on the hustings, the real Mr. DOYLE. I would say to my much reluctance as I have, I still will world jobs have to be taken into ac- friend—and this is my good friend—I’m have to oppose it and hopefully we can count, and sometimes it takes 5 years with you all the way right till the very work it out in conference with the and 1 month or 5 years and 6 months. end. The one concern that we have is other body. That’s why I would urge that we defeat you say that the compliance date can’t Mr. DOYLE. If my friend could yield this amendment. be any less than 5 years. If you would one more second, I would just say to I yield back the balance of my time. have just said that compliance shall be you, if your bill simply had a 5-year The Acting CHAIR. The question is at 5 years, that there’s a date certain, compliance deadline and the Clean Air on the amendment offered by the gen- the problem with your legislation is Act said 3 years with the possibility of tleman from Pennsylvania (Mr. there’s no date certain. It sort of says an extension, I think you would have DOYLE).

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.066 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6656 CONGRESSIONAL RECORD — HOUSE October 6, 2011 The question was taken; and the Act- than a hunting deal’’—in other words, the statements of outrage over the rock that ing Chair announced that the noes ap- judge was morally vacuous; contained the word, to do so; peared to have it. Whereas the name of this particular parcel (3) calls upon Governor Rick Perry to con- Mr. WAXMAN. Mr. Chairman, I de- did not change for years and for many re- demn the use of this word as being totally of- mained the same after it became associated fensive and inappropriate at anytime and mand a recorded vote. with Rick Perry, first as a private citizen, anyplace in United States history; and The Acting CHAIR. Pursuant to then as a State official, and finally as Texas (4) calls upon Governor Rick Perry to list clause 6 of rule XVIII, further pro- Governor; the names of all lawmakers, friends, and fi- ceedings on the amendment offered by Whereas some local residents still call it nancial supporters he took with him on his the gentleman from Pennsylvania will by the morally repugnant name hunting trips at ‘‘Niggerhead’’. be postponed. ‘‘Niggerhead’’; The SPEAKER pro tempore. Does the Mr. WHITFIELD. I move that the Whereas as recently as this summer, the slab-like rock—lying flat, portions of the gentleman from Illinois wish to present Committee do now rise. name still faintly visible beneath a coat of argument on why the resolution is The motion was agreed to. white paint—remained by the gated entrance privileged under rule IX to take prece- Accordingly, the Committee rose; to the camp; dence over other questions? and the Speaker pro tempore (Mr. Whereas asked last week about the name, Mr. JACKSON of Illinois. Very quick- GRIFFITH of Virginia) having assumed Governor Perry said the word on the rock is ly, Mr. Speaker, just before you do the chair, Mr. YODER, Acting Chair of an offensive name that has no place in the rule, the House of Representatives does the Committee of the Whole House on modern world—implying that it may have have a history of passing resolutions been okay and had an appropriate place in the state of the Union, reported that that community when he was growing up; that have been privileged in the past that Committee, having had under con- Whereas Mae Lou Yeldell has lived in Has- on questions that are offensive and sideration the bill (H.R. 2250) to pro- kell County, Texas, for 70 years and recalls morally repugnant to many Americans. vide additional time for the Adminis- the racism she faced in the 1950s and 1960s in There was a minister on the south trator of the Environmental Protection West Texas, when being called an offensive side of Chicago, for example, for which Agency to issue achievable standards name—like Whites greeting Blacks with this House took up a particular resolu- for industrial, commercial, and institu- ‘‘Morning nigger’’—was ‘‘like a broken tion and denounced that minister for record’’; tional boilers, process heaters, and in- Whereas Throckmorton County, where the language that he used on numerous oc- cinerators, and for other purposes, had hunting camp is located near Haskell Coun- casions against minorities in the come to no resolution thereon. ty, was for years considered a virtual no-go United States. f zone for African-Americans because of old Consistent with the language with stories told by locals about the lynching of this resolution that I have offered, the RAISING A QUESTION OF THE an African-American man there; House has taken a position in the past PRIVILEGES OF THE HOUSE Whereas Haskell County began observing that allows Members of Congress to ex- Martin Luther King Jr. Day just two years press their consciences and their senti- Mr. JACKSON of Illinois. Mr. Speak- ago according to a county commissioner in er, I offer the resolution previously no- Haskell County; ments about the matters that are in ticed. Whereas Governor Perry grew up in a seg- front of us. The SPEAKER pro tempore (Mr. regated era whose history has defined and Now, as a Member of Congress and a YODER). The Clerk will report the reso- complicated the careers of many Southern member of this institution, my final lution. politicians; argument is that each one of these The Clerk read as follows: Whereas Governor Perry has spoken often Presidential candidates, whether they about how his upbringing in this sparsely are on the Democratic side or on the Whereas on October 2, 2011, the Washington populated farming community influenced his Post reported a story called ‘‘Rick Perry conservatism; Republican side, stands the chance to And A Word Set On Stone’’; Whereas Governor Perry says he men- stand in front of us and provide us with Whereas upon reading that story the vast tioned the offensive word on the rock to his a state of the Union address—a state of majority of people in the United States were parents shortly after they had signed a lease our country’s fiscal health, its social morally outraged; and he had visited the property, and they health, its mental health, its physical Whereas most of the facts in this resolu- rather immediately painted over the word health—and protect us from enemies tion come from that Washington Post story; during the next July 4 holiday, but seven both foreign and domestic. Whereas Governor Rick Perry has de- people interviewed by the Washington Post If my motion for someone who might scribed a childhood in Haskell County in said they still saw the word on the rock at Paint Creek, Texas, as centered on Boy various points during the years that the stand in front of me as a Member of Scouts, school, and church; Perry family was associated with the prop- Congress and share with me their vi- Whereas Texas Governor Rick Perry is erty through his father, partners, or his sig- sion potentially of the United States from West Texas and was originally a South- nature on a lease; fails today, it simply suggests that the ern Democrat—often known as Dixiecrats— Whereas another local resident who visited Congress of the United States is paint- who switched parties in the late 1980s to be- the property with Governor Perry and the ing over a profound problem that exists come a Republican and is currently a leading legislators he brought there to go hunting in this Nation. Republican presidential candidate; recalled seeing the rock with the name clear- I know that my time has expired for Whereas ranchers who once grazed cattle ly visible; making my argument; but I personally on the 1,070-acre parcel in Throckmorton Whereas how, when, or whether Governor County on the Clear Fork of the Brazos Perry dealt with it when he was using the would be offended that the Congress of River—near where Governor Perry was property isn’t clear and adds a dimension to the United States would not under- raised in Paint Creek, Texas—it has since be- the emerging biography of Governor Perry stand the gravity of this resolution by come a hunting ground that was called by who quickly moved into the top tier of Re- granting Members an opportunity to the name ‘‘Niggerhead’’ well before Governor publican presidential candidates when he en- vote on the specific arguments laid out Perry and his father, Ray, began hunting tered the race in August; and by The Washington Post for which there in the early 1980s even though there is Whereas Herman Cain is the only Repub- they’ve offered their story. no definitive account of when the rock first lican presidential candidate to criticize Gov- Mr. Speaker, ‘‘nigger’’ is offensive. appeared on the property; ernor Rick Perry for being ‘‘insensitive’’ Whereas the use of the term ‘‘Niggerhead’’ when the word was not immediately con- ‘‘Niggerhead’’ is offensive. to describe a hunting retreat is morally of- demned, but we would remind Herman Cain And for a Governor of one of the fensive; that the word is not only ‘‘insensitive’’, but great States of our Nation to hunt at Whereas Ronnie Brooks, a local resident is also ‘‘offensive’’: Now, therefore, be it Niggerhead Ranch, it’s offensive; and I who guided a few turkey shoots for Governor Resolved, That the House of Representa- think that I am expressing the moral Perry between 1985 and 1990, said he holds tives— outrage of all Americans. Governor Perry ‘‘in the highest esteem’’ but (1) calls on Governor Rick Perry to apolo- I thank the gentleman for allowing said this of the rock at the camp: ‘‘It kind of gize for not immediately doing away with me to make my argument. offended me, truthfully’’; the rock that contained the word The SPEAKER pro tempore. The Whereas Haskell County Judge David ‘‘Niggerhead’’ at the entrance of a ranch he Davis, sitting in his courtroom and looking was leasing and on which he was taking Chair is prepared to rule. at a window there, said the word was ‘‘like friends, colleagues, and supporters to hunt; The resolution offered by the gen- those are vertical blinds. It’s just what it (2) calls on Governor Rick Perry’s presi- tleman from Illinois makes several as- was called. There was no significance other dential rivals, who have not yet make strong sertions about the Governor of a State

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.069 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6657 and proposes that the House call upon Fleischmann Landry Roe (TN) Moran Richmond Speier the Governor and others to take cer- Fleming Lankford Rogers (AL) Murphy (CT) Ross (AR) Stark Flores Latham Rogers (KY) Nadler Rothman (NJ) Sutton tain actions with regard to these asser- Forbes LaTourette Rogers (MI) Napolitano Roybal-Allard Thompson (CA) tions. Fortenberry Latta Rohrabacher Neal Ruppersberger Thompson (MS) In order to qualify as a question of Foxx Lewis (CA) Rokita Owens Rush Tierney Franks (AZ) LoBiondo Rooney Pallone Ryan (OH) Tonko the privileges of the House under rule Frelinghuysen Long Ros-Lehtinen Pascrell Sanchez, Loretta Towns IX, the resolution must address ‘‘the Gallegly Lucas Roskam Pastor (AZ) Sarbanes Tsongas rights of the House collectively, its Gardner Luetkemeyer Ross (FL) Payne Schakowsky Van Hollen ´ safety, dignity, or the integrity of its Garrett Lummis Royce Perlmutter Schiff Velazquez Gerlach Lungren, Daniel Runyan Peters Schrader Visclosky proceedings.’’ The resolution seeks to Gibbs E. Ryan (WI) Peterson Schwartz Walz (MN) express the position of the House to- Gibson Mack Scalise Pingree (ME) Scott (VA) Waters ward the actions of others outside of Gingrey (GA) Manzullo Schilling Price (NC) Serrano Watt Rahall Sewell Gohmert Marchant Schmidt Waxman the House without any tangible con- Rangel Sherman Welch Goodlatte Marino Schock Gosar McCarthy (CA) Reyes Sires Woolsey nection to the House or its pro- Schweikert Granger McCaul Richardson Slaughter Yarmuth ceedings. Scott (SC) Graves (GA) McClintock Scott, Austin A resolution merely asserting the po- Graves (MO) McCotter NOT VOTING—29 Sensenbrenner sition of the House with regard to an Griffin (AR) McHenry Sessions Bachmann Giffords Quigley Griffith (VA) McKeon Bass (NH) Gowdy ´ external issue cannot be the basis of a Shimkus Sanchez, Linda Grimm McKinley Blumenauer Holden question of privilege. As articulated by Shuster T. Guinta McMorris Bonner Hoyer Simpson Scott, David the Chair most recently on September Guthrie Rodgers Boren Michaud Smith (NE) Shuler 23, 2010, according privilege to such a Hall Meehan Calvert Olson Smith (NJ) Smith (WA) Hanna Mica Campbell Olver resolution would allow any Member to Smith (TX) Wasserman Harper Miller (FL) Coble Paulsen place before the House at any time Southerland Schultz Harris Miller (MI) Costa Pelosi Stearns Wilson (FL) whatever topic he or she might deem Hartzler Miller, Gary Crowley Poe (TX) Stivers advisable. In such an environment, Hastings (WA) Mulvaney Dold Polis Stutzman anything could be privileged, so noth- Hayworth Murphy (PA) Heck Myrick Sullivan b 1416 ing would enjoy true privilege. Hensarling Neugebauer Terry The Chair finds that the resolution Herger Noem Thompson (PA) Messrs. NEAL, HIGGINS, AL GREEN does not affect ‘‘the rights of the House Herrera Beutler Nugent Thornberry of Texas, Ms. EDWARDS, Ms. BERK- Huelskamp Nunes Tiberi LEY, Ms. SPEIER, and Ms. collectively, its safety, dignity, or the Tipton Huizenga (MI) Nunnelee SCHWARTZ changed their vote from integrity of its proceedings’’ within the Hultgren Palazzo Turner (NY) meaning of clause 1 of rule IX and, Hunter Paul Turner (OH) ‘‘yea’’ to ‘‘nay.’’ Upton therefore, does not qualify as a ques- Hurt Pearce Messrs. STIVERS, HUNTER, MAN- Issa Pence Walberg ZULLO, GINGREY of Georgia, DUFFY, tion of the privileges of the House. Jenkins Petri Walden Mr. JACKSON of Illinois. Mr. Speak- Johnson (IL) Pitts Walsh (IL) KELLY, and Mrs. LUMMIS changed er, with all due respect, I appeal the Johnson (OH) Platts Webster their vote from ‘‘nay’’ to ‘‘yea.’’ West ruling of the Chair, and I would hope Johnson, Sam Pompeo So the motion was agreed to. Jones Posey Westmoreland The result of the vote was announced that my colleagues would support my Jordan Price (GA) Whitfield appeal. Kelly Quayle Wilson (SC) as above recorded. The SPEAKER pro tempore. The King (IA) Reed Wittman A motion to reconsider was laid on King (NY) Rehberg Wolf the table. question is, Shall the decision of the Kingston Reichert Womack Chair stand as the judgment of the Kinzinger (IL) Renacci Woodall Stated for: House? Kline Ribble Yoder Mr. DOLD. Madam Speaker, on rollcall No. Labrador Rigell Young (AK) 765 I was unavoidably detained in Committee MOTION TO TABLE Lamborn Rivera Young (FL) Lance Roby Young (IN) with Secretary Geithner. Had I been present, Mr. WHITFIELD. Mr. Speaker, I I would have voted ‘‘yea.’’ move to table the gentleman’s motion NAYS—173 Stated against: to appeal the ruling of the Chair. Ms. PELOSI, Madam Speaker, on rollcall The SPEAKER pro tempore. The Ackerman Cummings Inslee Altmire Davis (CA) Israel No. 765 I was detained at an official event. question is on the motion to lay the Andrews Davis (IL) Jackson (IL) Had I been present, I would have voted ‘‘nay.’’ appeal on the table. Baca DeFazio Jackson Lee Mr. SCOTT of Georgia. Madam Speaker, on The question was taken; and the Baldwin DeGette (TX) Barrow DeLauro Johnson (GA) rollcall vote 765, I was unavoidably detained Speaker pro tempore announced that Bass (CA) Deutch Johnson, E. B. by a conflicting vote and questioning occurring the ayes appeared to have it. Becerra Dicks Kaptur at the same time in the Financial Services Berkley Dingell Keating Mr. JACKSON of Illinois. Mr. Speak- Committee meeting. Had I been present, I er, on that I demand the yeas and nays. Berman Doggett Kildee Bishop (GA) Donnelly (IN) Kind would have voted ‘‘nay.’’ The yeas and nays were ordered. Bishop (NY) Doyle Kissell f The vote was taken by electronic de- Boswell Edwards Kucinich vice, and there were—yeas 231, nays Brady (PA) Ellison Langevin EPA REGULATORY RELIEF ACT OF Braley (IA) Engel Larsen (WA) 173, not voting 29, as follows: Brown (FL) Eshoo Larson (CT) 2011 [Roll No. 765] Butterfield Farr Lee (CA) The SPEAKER pro tempore (Mrs. Capps Fattah Levin YEAS—231 Capuano Filner Lewis (GA) EMERSON). Pursuant to House Resolu- Adams Boustany Cravaack Cardoza Frank (MA) Lipinski tion 419 and rule XVIII, the Chair de- Aderholt Brady (TX) Crawford Carnahan Fudge Loebsack clares the House in the Committee of Akin Brooks Crenshaw Carney Garamendi Lofgren, Zoe the Whole House on the state of the Alexander Broun (GA) Cuellar Carson (IN) Gonzalez Lowey Amash Buchanan Culberson Castor (FL) Green, Al Luja´ n Union for the further consideration of Amodei Bucshon Davis (KY) Chandler Green, Gene Lynch the bill, H.R. 2250. Austria Buerkle Denham Chu Grijalva Maloney Bachus Burgess Dent Cicilline Gutierrez Markey b 1416 Barletta Burton (IN) DesJarlais Clarke (MI) Hahn Matheson Bartlett Camp Diaz-Balart Clarke (NY) Hanabusa Matsui IN THE COMMITTEE OF THE WHOLE Barton (TX) Canseco Dreier Clay Hastings (FL) McCarthy (NY) Accordingly, the House resolved Benishek Cantor Duffy Cleaver Heinrich McCollum itself into the Committee of the Whole Berg Capito Duncan (SC) Clyburn Higgins McDermott Biggert Carter Duncan (TN) Cohen Himes McGovern House on the state of the Union for the Bilbray Cassidy Ellmers Connolly (VA) Hinchey McIntyre further consideration of the bill (H.R. Bilirakis Chabot Emerson Conyers Hinojosa McNerney 2250) to provide additional time for the Bishop (UT) Chaffetz Farenthold Cooper Hirono Meeks Administrator of the Environmental Black Coffman (CO) Fincher Costello Hochul Miller (NC) Blackburn Cole Fitzpatrick Courtney Holt Miller, George Protection Agency to issue achievable Bono Mack Conaway Flake Critz Honda Moore standards for industrial, commercial,

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.070 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6658 CONGRESSIONAL RECORD — HOUSE October 6, 2011 and institutional boilers, process heat- Lewis (GA) Pascrell Sires Simpson Tiberi Whitfield ers, and incinerators, and for other Lipinski Pastor (AZ) Slaughter Smith (NE) Tipton Wilson (SC) Loebsack Payne Smith (NJ) Smith (TX) Turner (NY) Wittman purposes, with Mr. YODER (Acting Lofgren, Zoe Perlmutter Speier Southerland Turner (OH) Wolf Chair) in the chair. Lowey Peters Stark Stearns Upton Womack The Clerk read the title of the bill. Luja´ n Pingree (ME) Sutton Stivers Walberg Woodall Lynch Price (NC) Stutzman Walden The Acting CHAIR. When the Com- Thompson (CA) Yoder Maloney Rangel Thompson (MS) Sullivan Walsh (IL) Young (AK) Terry Webster mittee of the Whole rose earlier today, Markey Reyes Tierney Young (FL) Matsui Richardson Thompson (PA) West a request for a recorded vote on amend- Tonko Young (IN) McCarthy (NY) Richmond Thornberry Westmoreland Towns ment No. 4 printed in the CONGRES- McCollum Rothman (NJ) Tsongas SIONAL RECORD, offered by the gen- McDermott Roybal-Allard NOT VOTING—23 Van Hollen tleman from Pennsylvania (Mr. McGovern Ruppersberger Bachmann Giffords Quigley Vela´ zquez DOYLE), had been postponed. McIntyre Rush Bass (NH) Holden Rogers (KY) McNerney Ryan (OH) Visclosky Blumenauer King (NY) Sa´ nchez, Linda Pursuant to clause 6 of rule XVIII, Meeks Sanchez, Loretta Walz (MN) Bonner Olson T. proceedings will now resume on those Miller (NC) Sarbanes Wasserman Boren Olver Schweikert amendments printed in the CONGRES- Miller, George Schakowsky Schultz Calvert Pelosi Shuler Moore Schiff Waters Campbell Poe (TX) Smith (WA) SIONAL ECORD R on which further pro- Moran Schwartz Watt Coble Polis Wilson (FL) ceedings were postponed, in the fol- Murphy (CT) Scott (VA) Waxman lowing order: Nadler Scott, David Welch b 1434 Napolitano Serrano Amendment No. 9 by Mr. WAXMAN of Woolsey Neal Sewell Yarmuth So the amendment was rejected. California. Pallone Sherman The result of the vote was announced Amendment No. 6 by Mr. RUSH of Illi- NOES—243 as above recorded. nois. Stated for: Amendment No. 15 by Ms. HAHN of Adams Fortenberry Matheson Ms. PELOSI. Mr. Chair, on rollcall No. 766 California. Aderholt Foxx McCarthy (CA) Akin Franks (AZ) McCaul I was detained at an official event. Had I been Amendment No. 16 by Mrs. CAPPS of Alexander Frelinghuysen McClintock present, I would have voted ‘‘aye.’’ California. Amash Gallegly McCotter AMENDMENT NO. 6 OFFERED BY MR. RUSH Amendment No. 4 by Mr. DOYLE of Amodei Gardner McHenry Pennsylvania. Austria Garrett McKeon The Acting CHAIR. The unfinished Bachus Gerlach McKinley business is the demand for a recorded The Chair will reduce to 2 minutes Barletta Gibbs McMorris vote on the amendment offered by the the time for any electronic vote after Barrow Gingrey (GA) Rodgers gentleman from Illinois (Mr. RUSH) on the first vote in this series. Bartlett Gohmert Meehan Barton (TX) Goodlatte Mica which further proceedings were post- AMENDMENT NO. 9 OFFERED BY MR. WAXMAN Benishek Gosar Michaud poned and on which the noes prevailed The Acting CHAIR. The unfinished Berg Gowdy Miller (FL) Biggert Granger Miller (MI) by voice vote. business is the demand for a recorded Bilbray Graves (GA) Miller, Gary The Clerk will redesignate the vote on the amendment offered by the Bilirakis Graves (MO) Mulvaney amendment. gentleman from California (Mr. WAX- Bishop (UT) Griffin (AR) Murphy (PA) The Clerk redesignated the amend- MAN) on which further proceedings Black Griffith (VA) Myrick Blackburn Grimm Neugebauer ment. were postponed and on which the noes Bono Mack Guinta Noem RECORDED VOTE prevailed by voice vote. Boustany Guthrie Nugent The Acting CHAIR. A recorded vote The Clerk will redesignate the Brady (TX) Hall Nunes Brooks Hanna Nunnelee has been demanded. amendment. Broun (GA) Harper Owens A recorded vote was ordered. The Clerk redesignated the amend- Buchanan Harris Palazzo The Acting CHAIR. This will be a 2- ment. Bucshon Hartzler Paul Buerkle Hastings (WA) Paulsen minute vote. RECORDED VOTE Burgess Hayworth Pearce The vote was taken by electronic de- The Acting CHAIR. A recorded vote Burton (IN) Heck Pence vice, and there were—ayes 156, noes 242, has been demanded. Butterfield Hensarling Peterson Camp Herger Petri not voting 35, as follows: A recorded vote was ordered. Canseco Herrera Beutler Pitts [Roll No. 767] Cantor Huelskamp Platts The vote was taken by electronic de- AYES—156 vice, and there were—ayes 167, noes 243, Capito Huizenga (MI) Pompeo Cardoza Hultgren Posey Ackerman DeFazio Jackson Lee not voting 23, as follows: Carter Hunter Price (GA) Andrews DeGette (TX) [Roll No. 766] Cassidy Hurt Quayle Baca DeLauro Johnson (GA) Chabot Issa Rahall Baldwin Johnson (IL) AYES—167 Deutch Chaffetz Jenkins Reed Bass (CA) Dicks Johnson, E. B. Ackerman Conyers Gutierrez Coffman (CO) Johnson (IL) Rehberg Becerra Dingell Kaptur Altmire Cooper Hahn Cole Johnson (OH) Reichert Berkley Doggett Keating Andrews Costello Hanabusa Conaway Johnson, Sam Renacci Berman Doyle Kildee Baca Courtney Hastings (FL) Costa Jones Ribble Bishop (GA) Edwards Kucinich Baldwin Crowley Heinrich Cravaack Jordan Rigell Bishop (NY) Ellison Langevin Bass (CA) Cummings Higgins Crawford Kelly Rivera Boswell Engel Larson (CT) Becerra Davis (CA) Himes Crenshaw Kind Roby Brady (PA) Eshoo Lee (CA) Berkley Davis (IL) Hinchey Critz King (IA) Roe (TN) Braley (IA) Farr Levin Berman DeFazio Hinojosa Cuellar Kingston Rogers (AL) Capps Filner Lewis (GA) Bishop (GA) Capuano DeGette Hirono Culberson Kinzinger (IL) Rogers (MI) Frank (MA) Lipinski Bishop (NY) DeLauro Hochul Davis (KY) Kline Rohrabacher Carnahan Loebsack Fudge Boswell Deutch Holt Denham Labrador Rokita Carney Lofgren, Zoe Garamendi Brady (PA) Dicks Honda Dent Lamborn Rooney Carson (IN) Lowey Green, Al Braley (IA) Dingell Hoyer DesJarlais Lance Ros-Lehtinen Castor (FL) Luja´ n Green, Gene Brown (FL) Doggett Inslee Diaz-Balart Landry Roskam Chu Lynch Grijalva Capps Doyle Israel Dold Lankford Ross (AR) Cicilline Maloney Capuano Edwards Jackson (IL) Donnelly (IN) Latham Ross (FL) Clarke (MI) Hahn Markey Carnahan Ellison Jackson Lee Dreier LaTourette Royce Clarke (NY) Hanabusa Matsui Carney Engel (TX) Duffy Latta Runyan Clay Hastings (FL) McCarthy (NY) Carson (IN) Eshoo Johnson (GA) Duncan (SC) Lewis (CA) Ryan (WI) Cleaver Heinrich McCollum Castor (FL) Farr Johnson, E. B. Duncan (TN) LoBiondo Scalise Clyburn Higgins McDermott Chandler Fattah Kaptur Ellmers Long Schilling Cohen Himes McIntyre Chu Filner Keating Emerson Lucas Schmidt Connolly (VA) Hinchey McNerney Cicilline Frank (MA) Kildee Farenthold Luetkemeyer Schock Conyers Hinojosa Meeks Clarke (MI) Fudge Kissell Fincher Lummis Schrader Cooper Hirono Miller (NC) Clarke (NY) Garamendi Kucinich Fitzpatrick Lungren, Daniel Scott (SC) Courtney Holt Miller, George Clay Gibson Langevin Flake E. Scott, Austin Crowley Honda Moore Cleaver Gonzalez Larsen (WA) Fleischmann Mack Sensenbrenner Cuellar Hoyer Moran Clyburn Green, Al Larson (CT) Fleming Manzullo Sessions Cummings Inslee Murphy (CT) Cohen Green, Gene Lee (CA) Flores Marchant Shimkus Davis (CA) Israel Nadler Connolly (VA) Grijalva Levin Forbes Marino Shuster Davis (IL) Jackson (IL) Napolitano

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.072 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6659 Neal Sanchez, Loretta Thompson (MS) Womack Yoder Young (FL) Honda McDermott Schakowsky Pallone Sarbanes Tierney Woodall Young (AK) Young (IN) Hoyer McGovern Schiff Pascrell Schakowsky Tonko Inslee McIntyre Schwartz Pastor (AZ) Schiff Towns NOT VOTING—35 Israel Meeks Scott (VA) Payne Schrader Tsongas Bachmann Campbell Pelosi Jackson (IL) Miller (NC) Scott, David Perlmutter Schwartz Van Hollen Bachus Coble Poe (TX) Jackson Lee Miller, George Serrano Peters Scott (VA) Vela´ zquez Barton (TX) Fattah Polis (TX) Moore Sherman Pingree (ME) Scott, David Visclosky Bass (NH) Giffords Quigley Johnson (GA) Moran Sires Price (NC) Serrano Walz (MN) Berg Gutierrez Rangel Johnson, E. B. Murphy (CT) Slaughter Reyes Sewell Wasserman Blumenauer Hall Ross (FL) Kaptur Nadler Smith (WA) Richardson Sherman Schultz Bonner Heck Sa´ nchez, Linda Keating Napolitano Speier Richmond Sires Waters Boren Holden T. Kildee Neal Stark Rothman (NJ) Slaughter Watt Brown (FL) Labrador Schock Kucinich Pallone Sutton Roybal-Allard Speier Waxman Burgess McGovern Shuler Langevin Pascrell Thompson (CA) Ruppersberger Stark Welch Burton (IN) Olson Smith (WA) Larsen (WA) Payne Tierney Rush Sutton Woolsey Calvert Olver Wilson (FL) Larson (CT) Pelosi Tonko Ryan (OH) Thompson (CA) Yarmuth Lee (CA) Perlmutter Towns ANNOUNCEMENT BY THE ACTING CHAIR Levin Peters Tsongas NOES—242 The Acting CHAIR (during the vote). Lewis (GA) Pingree (ME) Van Hollen There is 1 minute remaining in this Lipinski Price (NC) Vela´ zquez Adams Gonzalez Neugebauer Loebsack Reyes Visclosky Aderholt Goodlatte Noem vote. Lofgren, Zoe Richardson Walz (MN) Akin Gosar Nugent Lowey Richmond Wasserman Alexander Gowdy Nunes b 1437 Luja´ n Rothman (NJ) Schultz Altmire Granger Nunnelee Lynch Roybal-Allard Waters Amash Graves (GA) Owens So the amendment was rejected. Maloney Ruppersberger Watt Amodei Graves (MO) Palazzo The result of the vote was announced Markey Rush Waxman Austria Griffin (AR) Paul Matsui Ryan (OH) Welch Barletta Griffith (VA) as above recorded. Paulsen Stated for: McCarthy (NY) Sanchez, Loretta Woolsey Barrow Grimm Pearce McCollum Sarbanes Yarmuth Bartlett Guinta Pence Ms. PELOSI. Mr. Chair, on rollcall No. 767 Benishek Guthrie Peterson I was detained at an official event. Had I been NOES—255 Biggert Hanna Petri present, I would have voted ‘‘aye.’’ Bilbray Harper Pitts Adams Emerson Landry Bilirakis Harris Platts PERSONAL EXPLANATION Aderholt Farenthold Lankford Bishop (UT) Hartzler Akin Fincher Latham Pompeo Black Hastings (WA) Mr. SMITH of Washington. Mr. Speaker, this Alexander Fitzpatrick LaTourette Posey Blackburn Hayworth afternoon, Thursday, October 6, 2011, I was Altmire Flake Latta Price (GA) Bono Mack Hensarling Amash Fleischmann Lewis (CA) Quayle unable to be present for part of a series of re- Boustany Herger Amodei Fleming LoBiondo Rahall corded votes. Had I been present, I would Brady (TX) Herrera Beutler Austria Flores Long Brooks Hochul Reed have voted ‘‘no’’ on rollcall vote No. 765 (on Bachus Forbes Lucas Broun (GA) Huelskamp Rehberg the motion to table the appeal of the ruling of Barletta Fortenberry Luetkemeyer Reichert Buchanan Huizenga (MI) the Chair), ‘‘yes’’ on rollcall vote No. 766 (on Barrow Foxx Lummis Bucshon Hultgren Renacci Bartlett Franks (AZ) Lungren, Daniel Buerkle Hunter Ribble agreeing to the Waxman amendment), and Barton (TX) Frelinghuysen E. Butterfield Hurt Rigell ‘‘yes’’ on rollcall vote No. 767 (on agreeing to Benishek Gallegly Mack Camp Issa Rivera the Rush amendment). Berg Gardner Manzullo Canseco Jenkins Roby Biggert Garrett Marchant Cantor Johnson (OH) Roe (TN) AMENDMENT NO. 15 OFFERED BY MS. HAHN Bilbray Gerlach Marino Capito Johnson, Sam Rogers (AL) The Acting CHAIR. The unfinished Bilirakis Gibbs Matheson Cardoza Jones Rogers (KY) business is the demand for a recorded Bishop (GA) Gibson McCarthy (CA) Carter Jordan Rogers (MI) Bishop (UT) Gingrey (GA) McCaul Cassidy Kelly Rohrabacher vote on the amendment offered by the Black Gohmert McClintock Chabot Kind Rokita gentlewoman from California (Ms. Blackburn Gonzalez McCotter Chaffetz King (IA) Rooney HAHN) on which further proceedings Bono Mack Goodlatte McKeon Chandler King (NY) Ros-Lehtinen were postponed and on which the noes Boswell Gosar McKinley Coffman (CO) Kingston Roskam Boustany Gowdy McMorris Cole Kinzinger (IL) Ross (AR) prevailed by voice vote. Brady (TX) Granger Rodgers Conaway Kissell Royce The Clerk will redesignate the Brooks Graves (GA) McNerney Costa Kline Runyan amendment. Broun (GA) Graves (MO) Meehan Costello Lamborn Ryan (WI) The Clerk redesignated the amend- Buchanan Green, Gene Mica Cravaack Lance Scalise Bucshon Griffin (AR) Michaud Crawford Landry Schilling ment. Buerkle Griffith (VA) Miller (FL) Crenshaw Lankford Schmidt RECORDED VOTE Burgess Grimm Miller (MI) Critz Larsen (WA) Burton (IN) Guinta Miller, Gary Schweikert The Acting CHAIR. A recorded vote Culberson Latham Scott (SC) Butterfield Guthrie Mulvaney Davis (KY) LaTourette Scott, Austin has been demanded. Camp Hanna Murphy (PA) Denham Latta Sensenbrenner A recorded vote was ordered. Canseco Harper Myrick Dent Lewis (CA) Sessions The Acting CHAIR. This will be a 2- Cantor Harris Neugebauer DesJarlais LoBiondo Shimkus Capito Hartzler Noem Diaz-Balart Long minute vote. Cardoza Hastings (WA) Shuster Nugent Dold Lucas Carter Hayworth Nunes Simpson The vote was taken by electronic de- Donnelly (IN) Luetkemeyer Cassidy Heck Nunnelee Smith (NE) vice, and there were—ayes 151, noes 255, Dreier Lummis Chabot Hensarling Owens Smith (NJ) Duffy Lungren, Daniel not voting 27, as follows: Chaffetz Herger Palazzo Smith (TX) Duncan (SC) E. Chandler Herrera Beutler Pastor (AZ) Southerland [Roll No. 768] Duncan (TN) Mack Coffman (CO) Huelskamp Paul Ellmers Manzullo Stearns AYES—151 Cole Huizenga (MI) Paulsen Emerson Marchant Stivers Ackerman Cleaver Engel Conaway Hultgren Pearce Farenthold Marino Stutzman Andrews Clyburn Eshoo Costa Hunter Pence Fincher Matheson Sullivan Baca Cohen Farr Costello Hurt Peterson Fitzpatrick McCarthy (CA) Terry Baldwin Connolly (VA) Fattah Cravaack Issa Petri Flake McCaul Thompson (PA) Bass (CA) Conyers Filner Crawford Jenkins Pitts Fleischmann McClintock Thornberry Becerra Cooper Frank (MA) Crenshaw Johnson (IL) Platts Fleming McCotter Tiberi Berkley Courtney Fudge Critz Johnson (OH) Pompeo Flores McHenry Tipton Berman Crowley Garamendi Culberson Johnson, Sam Posey Forbes McKeon Turner (NY) Bishop (NY) Cuellar Green, Al Davis (KY) Jones Price (GA) Fortenberry McKinley Turner (OH) Brady (PA) Cummings Grijalva DeFazio Jordan Quayle Foxx McMorris Upton Braley (IA) Davis (CA) Hahn Denham Kelly Rahall Franks (AZ) Rodgers Walberg Capps Davis (IL) Hanabusa Dent Kind Reed Frelinghuysen Meehan Walden Capuano DeGette Hastings (FL) DesJarlais King (IA) Rehberg Gallegly Mica Walsh (IL) Carney DeLauro Heinrich Diaz-Balart King (NY) Reichert Gardner Michaud Webster Carson (IN) Deutch Higgins Dold Kingston Renacci Garrett Miller (FL) West Castor (FL) Dicks Himes Donnelly (IN) Kinzinger (IL) Ribble Gerlach Miller (MI) Westmoreland Chu Dingell Hinchey Dreier Kissell Rivera Gibbs Miller, Gary Whitfield Cicilline Doggett Hinojosa Duffy Kline Roby Gibson Mulvaney Wilson (SC) Clarke (MI) Doyle Hirono Duncan (SC) Labrador Roe (TN) Gingrey (GA) Murphy (PA) Wittman Clarke (NY) Edwards Hochul Duncan (TN) Lamborn Rogers (AL) Gohmert Myrick Wolf Clay Ellison Holt Ellmers Lance Rogers (KY)

VerDate Mar 15 2010 02:09 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A06OC7.036 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6660 CONGRESSIONAL RECORD — HOUSE October 6, 2011 Rogers (MI) Sewell Turner (OH) Kaptur Miller, George Scott (VA) Schilling Southerland Walsh (IL) Rohrabacher Shimkus Upton Keating Moore Scott, David Schmidt Stearns Webster Rokita Shuster Walberg Kildee Moran Serrano Schock Stivers West Rooney Simpson Walden Kucinich Murphy (CT) Sherman Schrader Stutzman Westmoreland Ros-Lehtinen Smith (NE) Walsh (IL) Langevin Nadler Slaughter Schweikert Sullivan Whitfield Ross (AR) Smith (NJ) Webster Larsen (WA) Napolitano Smith (WA) Scott (SC) Terry Wilson (SC) Royce Smith (TX) West Larson (CT) Neal Speier Scott, Austin Thompson (MS) Wittman Runyan Southerland Westmoreland Lee (CA) Pallone Stark Sensenbrenner Thompson (PA) Wolf Ryan (WI) Stearns Sessions Thornberry Whitfield Levin Pascrell Sutton Womack Scalise Stivers Lewis (GA) Pastor (AZ) Sewell Tiberi Wilson (SC) Thompson (CA) Woodall Schilling Stutzman Loebsack Payne Shimkus Tipton Wittman Tierney Yoder Schmidt Sullivan Lofgren, Zoe Pelosi Shuster Turner (NY) Wolf Tonko Schock Terry Lowey Peters Simpson Turner (OH) Young (AK) Towns Schrader Thompson (MS) Womack Luja´ n Price (NC) Smith (NE) Upton Young (FL) Tsongas Schweikert Thompson (PA) Woodall Lynch Reyes Smith (NJ) Walberg Young (IN) Scott (SC) Thornberry Yoder Maloney Richardson Van Hollen Smith (TX) Walden ´ Scott, Austin Tiberi Young (AK) Markey Richmond Velazquez Sensenbrenner Tipton Young (FL) Matsui Rothman (NJ) Visclosky NOT VOTING—26 Sessions Turner (NY) Young (IN) McCarthy (NY) Roybal-Allard Walz (MN) Bachmann Coble Quigley McCollum Ruppersberger Wasserman Bass (NH) Fudge Rangel NOT VOTING—27 McDermott Rush Schultz Blumenauer Giffords Roskam Bachmann Giffords Rangel McGovern Ryan (OH) Waters Bonner Hall Ross (FL) Bass (NH) Gutierrez Rigell McIntyre Sanchez, Loretta Watt Boren Holden Sa´ nchez, Linda Blumenauer Hall Roskam McNerney Sarbanes Waxman Brown (FL) Olver T. Bonner Holden Ross (FL) Meeks Schakowsky Welch Calvert Pingree (ME) Shuler Boren McHenry Sa´ nchez, Linda Miller (FL) Schiff Woolsey Campbell Poe (TX) Sires Brown (FL) Olson T. Miller (NC) Schwartz Yarmuth Carnahan Polis Wilson (FL) Calvert Olver Shuler ANNOUNCEMENT BY THE ACTING CHAIR Campbell Poe (TX) Wilson (FL) NOES—254 Carnahan Polis Adams The Acting CHAIR (during the vote). Coble Quigley Fleischmann Lucas Aderholt Fleming Luetkemeyer There is 1 minute remaining. ANNOUNCEMENT BY THE ACTING CHAIR Akin Flores Lummis Alexander Forbes Lungren, Daniel b 1446 The Acting CHAIR (during the vote). Altmire Fortenberry E. There is 1 minute remaining in this Amash Foxx Mack Mr. YOUNG of Indiana changed his vote. Amodei Franks (AZ) Manzullo vote from ‘‘aye’’ to ‘‘no.’’ Austria Frelinghuysen Marchant So the amendment was rejected. Bachus Gallegly Marino b 1442 Barletta Gardner Matheson The result of the vote was announced as above recorded. So the amendment was rejected. Barrow Garrett McCarthy (CA) Bartlett Gerlach McCaul AMENDMENT NO. 4 OFFERED BY MR. DOYLE The result of the vote was announced Barton (TX) Gibbs McClintock as above recorded. Benishek Gibson McCotter The Acting CHAIR. The unfinished Berg Gingrey (GA) McHenry business is the demand for a recorded AMENDMENT NO. 16 OFFERED BY MRS. CAPPS Biggert Gohmert McKeon vote on the amendment offered by the The Acting CHAIR. The unfinished Bilbray Goodlatte McKinley gentleman from Pennsylvania (Mr. business is the demand for a recorded Bilirakis Gosar McMorris DOYLE) on which further proceedings vote on the amendment offered by the Bishop (GA) Gowdy Rodgers Bishop (UT) Granger Meehan were postponed and on which the noes gentlewoman from California (Mrs. Black Graves (GA) Mica prevailed by voice vote. Blackburn Graves (MO) Michaud CAPPS) on which further proceedings The Clerk will redesignate the were postponed and on which the noes Bono Mack Griffin (AR) Miller (MI) Boustany Griffith (VA) Miller, Gary amendment. prevailed by voice vote. Brady (TX) Grimm Mulvaney The Clerk redesignated the amend- The Clerk will redesignate the Brooks Guinta Murphy (PA) ment. amendment. Broun (GA) Guthrie Myrick The Clerk redesignated the amend- Buchanan Hanna Neugebauer RECORDED VOTE Bucshon Harper Noem The Acting CHAIR. A recorded vote ment. Buerkle Harris Nugent has been demanded. RECORDED VOTE Burgess Hartzler Nunes Burton (IN) Hastings (WA) Nunnelee A recorded vote was ordered. The Acting CHAIR. A recorded vote Butterfield Hayworth Olson The Acting CHAIR. This will be a 2- has been demanded. Camp Heck Owens Canseco Hensarling Palazzo minute vote. A recorded vote was ordered. The vote was taken by electronic de- The Acting CHAIR. This will be a 2- Cantor Herger Paul Capito Herrera Beutler Paulsen vice, and there were—ayes 147, noes 251, minute vote. Cardoza Hochul Pearce answered ‘‘present’’ 1, not voting 34, as Carter Huelskamp Pence The vote was taken by electronic de- follows: vice, and there were—ayes 153, noes 254, Cassidy Huizenga (MI) Perlmutter Chabot Hultgren Peterson [Roll No. 770] not voting 26, as follows: Chaffetz Hunter Petri AYES—147 [Roll No. 769] Chandler Hurt Pitts Coffman (CO) Issa Platts Andrews Crowley Heinrich AYES—153 Cole Jenkins Pompeo Baca Cummings Higgins Ackerman Connolly (VA) Garamendi Conaway Johnson (IL) Posey Baldwin Davis (CA) Himes Andrews Conyers Gonzalez Costa Johnson (OH) Price (GA) Bass (CA) Davis (IL) Hinojosa Baca Cooper Green, Al Costello Johnson, Sam Quayle Becerra DeFazio Hirono Baldwin Courtney Green, Gene Cravaack Jones Rahall Berkley DeGette Hochul Bass (CA) Crowley Grijalva Crawford Jordan Reed Berman DeLauro Holt Becerra Cuellar Gutierrez Crenshaw Kelly Rehberg Bishop (NY) Deutch Honda Berkley Cummings Hahn Critz Kind Reichert Boswell Dicks Hoyer Berman Davis (CA) Hanabusa Culberson King (IA) Renacci Brady (PA) Dingell Inslee Bishop (NY) Davis (IL) Hastings (FL) Davis (KY) King (NY) Ribble Braley (IA) Doggett Israel Boswell DeFazio Heinrich Denham Kingston Rigell Capps Doyle Jackson (IL) Brady (PA) DeGette Higgins Dent Kinzinger (IL) Rivera Capuano Edwards Jackson Lee Braley (IA) DeLauro Himes DesJarlais Kissell Roby Carney Ellison (TX) Capps Deutch Hinchey Diaz-Balart Kline Roe (TN) Carson (IN) Engel Johnson (GA) Capuano Dicks Hinojosa Dold Labrador Rogers (AL) Castor (FL) Eshoo Johnson, E. B. Carney Dingell Hirono Donnelly (IN) Lamborn Rogers (KY) Chu Farr Kaptur Carson (IN) Doggett Holt Dreier Lance Rogers (MI) Cicilline Fattah Keating Castor (FL) Doyle Honda Duffy Landry Rohrabacher Clarke (MI) Filner Kildee Chu Edwards Hoyer Duncan (SC) Lankford Rokita Clarke (NY) Frank (MA) Kucinich Cicilline Ellison Inslee Duncan (TN) Latham Rooney Clay Fudge Langevin Clarke (MI) Engel Israel Ellmers LaTourette Ros-Lehtinen Clyburn Green, Al Larsen (WA) Clarke (NY) Eshoo Jackson (IL) Emerson Latta Ross (AR) Cohen Grijalva Larson (CT) Clay Farr Jackson Lee Farenthold Lewis (CA) Royce Connolly (VA) Gutierrez Levin Cleaver Fattah (TX) Fincher Lipinski Runyan Conyers Hahn Lewis (GA) Clyburn Filner Johnson (GA) Fitzpatrick LoBiondo Ryan (WI) Cooper Hanabusa Lipinski Cohen Frank (MA) Johnson, E. B. Flake Long Scalise Courtney Hastings (FL) Loebsack

VerDate Mar 15 2010 02:41 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A06OC7.039 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6661 Lofgren, Zoe Pascrell Sherman Smith (TX) Turner (NY) Wittman REPORT ON RESOLUTION PRO- Lowey Pastor (AZ) Slaughter Southerland Turner (OH) Wolf VIDING FOR CONSIDERATION OF Luja´ n Payne Smith (WA) Stearns Upton Womack Lynch Pelosi Speier Stivers Walberg Woodall SENATE AMENDMENT TO H.R. Maloney Perlmutter Stark Stutzman Walden Woolsey 2832, TRADE ADJUSTMENT AS- Matsui Peters Sutton Sullivan Walsh (IL) Yoder SISTANCE EXTENSION ACT OF Terry Webster McCarthy (NY) Pingree (ME) Thompson (CA) Young (AK) 2011; PROVIDING FOR CONSIDER- McCollum Price (NC) Thompson (MS) Thompson (PA) West Young (FL) Thornberry Westmoreland McDermott Richardson Tierney Young (IN) ATION OF H.R. 3078, UNITED McGovern Richmond Tiberi Whitfield Tonko STATES-COLOMBIA TRADE PRO- McIntyre Rothman (NJ) Tipton Wilson (SC) Towns MOTION AGREEMENT IMPLEMEN- McNerney Roybal-Allard Meeks Ruppersberger Tsongas ANSWERED ‘‘PRESENT’’—1 TATION ACT; PROVIDING FOR Michaud Rush Van Hollen CONSIDERATION OF H.R. 3079, Vela´ zquez Johnson (IL) Miller (NC) Ryan (OH) UNITED STATES-PANAMA TRADE Miller, George Sanchez, Loretta Visclosky Moore Sarbanes Walz (MN) NOT VOTING—34 PROMOTION AGREEMENT IMPLE- Moran Schakowsky Wasserman Ackerman Diaz-Balart Quigley MENTATION ACT; AND PRO- Murphy (CT) Schiff Schultz Bachmann Giffords Rangel VIDING FOR CONSIDERATION OF Nadler Schwartz Waters Bass (NH) Hall Reyes H.R. 3080, UNITED STATES-KOREA Napolitano Scott (VA) Watt Blumenauer Hinchey Roskam FREE TRADE AGREEMENT IM- Neal Scott, David Waxman Bonner Holden Ross (FL) Pallone Serrano Yarmuth Boren Markey Sa´ nchez, Linda PLEMENTATION ACT Brown (FL) McCaul T. Mr. DREIER, from the Committee on NOES—251 Calvert Olver Shuler Campbell Pence Rules, submitted a privileged report Adams Fortenberry Marchant Sires Carnahan Pitts Aderholt Foxx Marino Welch (Rept. No. 112–240) on the resolution (H. Cleaver Poe (TX) Akin Franks (AZ) Matheson Wilson (FL) Res. 425) providing for consideration of Coble Polis Alexander Frelinghuysen McCarthy (CA) the Senate amendment to the bill (H.R. Altmire Gallegly McClintock 2832) to extend the Generalized System Amash Garamendi McCotter b 1450 Amodei Gardner McHenry of Preferences, and for other purposes; Austria Garrett McKeon So the amendment was rejected. providing for consideration of the bill Bachus Gerlach McKinley (H.R. 3078) to implement the United Barletta Gibbs McMorris The result of the vote was announced Barrow Gibson Rodgers States-Colombia Trade Promotion Bartlett Gingrey (GA) Meehan as above recorded. Agreement; providing for consideration Barton (TX) Gohmert Mica Mr. WHITFIELD. Mr. Chairman, I of the bill (H.R. 3079) to implement the Benishek Gonzalez Miller (FL) Berg Goodlatte Miller (MI) move that the Committee do now rise. United States-Panama Trade Pro- motion Agreement; and providing for Biggert Gosar Miller, Gary The motion was agreed to. Bilbray Gowdy Mulvaney consideration of the bill (H.R. 3080) to Bilirakis Granger Murphy (PA) Accordingly, the Committee rose; implement the United States-Korea Bishop (GA) Graves (GA) Myrick and the Speaker pro tempore (Mr. Bishop (UT) Graves (MO) Neugebauer Free Trade Agreement, which was re- Black Green, Gene Noem CRAWFORD) having assumed the chair, ferred to the House Calendar and or- Blackburn Griffin (AR) Nugent Mr. YODER, Acting Chair of the Com- dered to be printed. Bono Mack Griffith (VA) Nunes mittee of the Whole House on the state Boustany Grimm Nunnelee f Brady (TX) Guinta Olson of the Union, reported that that Com- Brooks Guthrie Owens mittee, having had under consideration LEGISLATIVE PROGRAM Broun (GA) Hanna Palazzo the bill (H.R. 2250) to provide addi- Buchanan Harper Paul (Mr. HOYER asked and was given Bucshon Harris Paulsen tional time for the Administrator of permission to address the House for 1 Buerkle Hartzler Pearce the Environmental Protection Agency minute.) Burgess Hastings (WA) Peterson to issue achievable standards for indus- Burton (IN) Hayworth Petri Mr. HOYER. Mr. Speaker, I yield to Butterfield Heck Platts trial, commercial, and institutional the gentleman from Virginia, the ma- Camp Hensarling Pompeo boilers, process heaters, and inciner- jority leader, for the purpose of inquir- Canseco Herger Posey ators, and for other purposes, had come ing as to the schedule for the week to Cantor Herrera Beutler Price (GA) Capito Huelskamp Quayle to no resolution thereon. come. Cardoza Huizenga (MI) Rahall Mr. CANTOR. I thank the gentleman Carter Hultgren Reed f from Maryland, the Democratic whip, Cassidy Hunter Rehberg Chabot Hurt Reichert for yielding. Chaffetz Issa Renacci PERSONAL EXPLANATION Mr. Speaker, on Monday, the House Chandler Jenkins Ribble is not in session in observation of the Coffman (CO) Johnson (OH) Rigell Ms. PELOSI. Mr. Speaker, during Columbus Day holiday. On Tuesday, Cole Johnson, Sam Rivera Conaway Jones Roby rollcall 765, I, along with Mr. HOYER, the House will meet at noon for morn- Costa Jordan Roe (TN) Congresswoman WASSERMAN SCHULTZ, ing-hour debate and 2 p.m. for legisla- Costello Kelly Rogers (AL) Mr. CROWLEY, Mr. SMITH, and other tive business, with votes postponed Cravaack Kind Rogers (KY) Crawford King (IA) Rogers (MI) Members, was present at the decom- until 6:30 p.m. On Wednesday and Crenshaw King (NY) Rohrabacher missioning ceremony of Commander Thursday, the House will meet at 10 Critz Kingston Rokita Mark Kelly, who was there with his a.m. for morning-hour debate and noon Cuellar Kinzinger (IL) Rooney for legislative business. On Friday, the Culberson Kissell Ros-Lehtinen wife, our colleague, GABBY GIFFORDS. Davis (KY) Kline Ross (AR) For that reason, we missed that roll- House will meet at 9 a.m. for legisla- Denham Labrador Royce call vote. tive business. The last votes of the Dent Lamborn Runyan week are expected no later than 3 p.m. DesJarlais Lance Ryan (WI) For myself, had I been present, I Dold Landry Scalise on Friday. Donnelly (IN) Lankford Schilling would have voted ‘‘no’’ on the motion On Tuesday, the House will consider Dreier Latham Schmidt to table the resolution. a few bills under suspension of the Duffy LaTourette Schock rules. A complete list will be an- Duncan (SC) Latta Schrader I would have voted ‘‘yes’’ on rollcall Duncan (TN) Lee (CA) Schweikert 766, the Waxman bill, to protect our nounced by the close of business to- Ellmers Lewis (CA) Scott (SC) children from mercury. morrow. Also on Tuesday, the House Emerson LoBiondo Scott, Austin will complete action on H.R. 2250, the Farenthold Long Sensenbrenner I would have voted ‘‘yes’’ on rollcall EPA Regulatory Relief Act, and take Fincher Lucas Sessions 767, Mr. RUSH’s amendment. Fitzpatrick Luetkemeyer Sewell up the rule for the three free trade Flake Lummis Shimkus My colleague, the distinguished agreements and the Trade Adjustment Fleischmann Lungren, Daniel Shuster Democratic whip, says that he and Ms. Assistance bill; therefore, Members are Fleming E. Simpson Flores Mack Smith (NE) WASSERMAN SCHULTZ would have voted advised that the 6:30 p.m. vote series Forbes Manzullo Smith (NJ) similarly. will be longer than usual.

VerDate Mar 15 2010 02:41 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A06OC7.042 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6662 CONGRESSIONAL RECORD — HOUSE October 6, 2011 On Wednesday, the House will con- In terms of not creating jobs but cre- would add roughly 1.25 percentage sider H.R. 3078, the United States-Co- ating an environment, I agree with the points to GDP, to gross domestic prod- lombia Trade Promotion Agreement gentleman that we need to create an uct, and create 1.3 million jobs. Implementation Act; H.R. 3079, the environment for jobs, but I don’t be- JPMorgan Chase estimated the plan United States-Panama Trade Pro- lieve that I’ve seen any estimates that would increase growth by almost 2 motion Agreement Implementation your agenda will create jobs. As a mat- points and add 1.5 million jobs. Act; H.R. 3080, the United States-Korea ter of fact, I’ve seen the opposite. Moody’s Analytics forecast the pack- Free Trade Agreement Implementation Mr. Bruce Bartlett, the former ad- age would add almost 2 million jobs, 1.9 Act; and H.R. 2832, extending the Gen- viser to President Ronald Reagan and million jobs, cutting the unemploy- eralized System of Preferences, as George H.W. Bush, was quoted just a ment rate by a point and increase amended by the Senate. few days ago. I know the gentleman is growth by 2 percentage growth points. On Thursday, the House will consider smiling because he knows this quote: Now, I know my friend may disagree H.R. 358, the Protect Life Act, spon- ‘‘Republicans have a problem. People with those figures, and may disagree sored by Representative JOE PITTS. are increasingly concerned about un- with Mr. Bartlett’s comment, I am sure Then finally, on Friday, the House will employment, but Republicans have you do. consider H.R. 2273, the Coal Residuals nothing to offer them,’’ Mr. Bartlett My point is this, we don’t have any Reuse and Management Act, sponsored said, not me. ‘‘The GOP opposes addi- bill on the floor that we have had over by Representative DAVE MCKINLEY of tional government spending for jobs the last 9 months or that is projected, West Virginia. programs and, in fact, favors big cuts that is projected to increase jobs in the The Boiler MACT bill, the three free in spending that,’’ Mr. Bartlett said, short term. The gentleman knows he trade agreements and Mr. MCKINLEY’s ‘‘would be likely to lead to further lay- and I agree on the trade bills. I think regulatory relief bill are all part of the offs at all levels of government.’’ long term that’s correct; but the Amer- House Republican plan for America’s He goes on to say: ican people, as President Obama ob- job creators. ‘‘Republicans favor tax cuts for the served, can’t wait 14 months for the Mr. HOYER. I thank the gentleman wealthy and corporations, but these next election. They are struggling, in for his information. had no stimulative effect during the pain, and at risk today. Before I talk about the American George W. Bush administration’’—of And the gentleman last week, or 2 Jobs Act, does the majority leader course, we lost 8 million jobs, as the weeks ago, in our colloquy said that have an estimate from either CBO or gentleman will recall, during that pe- there are a number of things, items in any economist on how many jobs over the jobs bill on which the gentleman the next 24 months might be created as riod of time—‘‘and there is no reason agrees or his party agrees: bonus depre- a result of the passage of those bills, to believe that more of them will have ciation, incentives for veterans jobs the bills to which you refer as the any today.’’ training programs, infrastructure, House Republican plan for America’s b 1500 job creators? small business tax cuts, unemployment He goes on to say: ‘‘And the Repub- insurance reform. The gentleman ref- Mr. CANTOR. Mr. Speaker, I say to licans’ oft-stated concern for the def- the gentleman that I am very enter- erenced those on the floor. Clearly icit makes tax cuts a hard sell. On Au- there ought to be some areas where we tained by the nature of his question gust 29, the House majority leader, since, I guess, it starts from the fact can get agreement. ERIC CANTOR of Virginia, sent a memo- Yesterday, as the gentleman may that some might believe that Congress randum to members of the House Re- creates jobs. But I would say in gen- have noted on the floor, in the debate publican Conference telling them to eral, Mr. Speaker, that what we need I stated that we were debating a regu- make the repeal of job-destroying regu- to be doing here is to create an envi- latory bill that would have no imme- lations.’’ ronment where entrepreneurs and diate effect on jobs. Your contention is This is Mr. Bartlett, former Reagan small businesses and investors can ac- it would depress jobs in the future if aide and former aide to George H.W. tually feel confident again to put cap- that rule were adopted, but I don’t Bush, both Republican Presidents. Mr. ital at risk to create jobs. think there was any contention during I would say to the gentleman further Bartlett goes on to say: ‘‘Evidence sup- the time of the debate that that would that the administration, itself, has ac- porting Mr. CANTOR’s contention that create jobs. cepted the notion that the passage of deregulation would increase employ- Having said that, I am wondering the three free trade agreements will ment is very weak. As one can see, the whether the gentleman has any inten- have the potential—there’s no guar- number of layoffs nationwide caused by tion of bringing either the President’s antee—but the potential of the cre- government regulation is minuscule jobs bill or a jobs bill that your side ation of a quarter of a million jobs. and shows no evidence of getting worse would offer, or a jobs bill that the Again, there have been a lot of prom- during the Obama administration.’’ President has offered, to the American ises made in this town, Mr. Speaker, Mr. Reagan was quoted, we have a people and to this Congress which about how we’re going to control the nice quote, I am sure you have seen it, would be open for amendment and level of unemployment and make sure that indicates that people ought to pay change by your side and by our side in it doesn’t go beyond certain points con- their fair share of taxes as well. an effort to respond to the American nected with the stimulus bill, but I The President has offered the Amer- people’s great concern that we are not think the American people have had ican Jobs Act. He has offered the taking actions which are effectively just about enough of broken promises. American Jobs Act and economist after growing jobs in this country. So we are proceeding with a focus, a economist after economist says that it I yield to my friend. focus like a laser, on creating an envi- will create jobs. It will create jobs by Mr. CANTOR. I thank the gentleman ronment for entrepreneurs and small creating an environment, by giving for all that information. businesses to create jobs without mak- more money to small businesses, giving Mr. HOYER. I knew you would be ing promises, Mr. Speaker, that will more money to consumers in their happy to receive it. then let people down. We’re trying to pocket. Mr. CANTOR. I just say to the gen- regain the confidence of the people and I know your side has talked a lot tleman, in quoting Moody’s Analytics, put some sensible regulatory policy in about that and that as a result of both perhaps what he portrays as our way place with a lower tax environment so businesses having more money in their forward, Moody’s chief economist was we can see growth return to a badly pocket and consumers having more also the one that made the prediction needed macroeconomic environment. money in their pocket, that that envi- of an unemployment rate that would Mr. HOYER. I thank the gentleman ronment of which you speak will be not exceed 8 percent as a result of pas- for that answer. created, and a number of people think sage of the stimulus bill. What I took from that answer is that they will create significant num- And it makes my point, Mr. Speaker, there is no estimate of jobs that might bers of jobs as a result. that the people in this country are be created in the next 24 months. As a matter of fact, the macro- tired of Washington making promises That’s what I took from your answer. economic advisers projected the plan it doesn’t keep. We’re trying to abide

VerDate Mar 15 2010 02:41 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.083 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6663 by the trust that the people put in us agree. So we said we’ll bring the trade short term, what we need to do is put to try and deliver results. agreements to the floor. We’ve been more money back into people’s pock- And right now, as the gentleman cor- asking for that, as has the gentleman. ets. rectly points out, the economy is in And I will say, Mr. Speaker, he has The jobs bill, he did suggest ways to bad shape. We are trying to do all we been a stalwart of trying to help get pay for that. And he suggested, as did can to not only put money in people’s those bills through, and I appreciate Bowles-Simpson and Rivlin-Domenici, pockets, because if there were unlim- that, as do many of the Members on that that be paid for in the coming ited money, that would be fine. But both sides who support free and fair years so we do not dampen down the what we are trying to do is to encour- trade. economy at the same time we are try- age investment. We’re trying to en- But I would say we also note the ing to stimulate the economy. courage economic activity so we can President’s remarks in his speech to The gentleman says that the bill, the see growth happen and occur and jobs the joint session where he said he American Recovery and Reinvestment created. would support our efforts in regulatory Act, didn’t work, and his comment was That’s the way it’s done in America, relief so that we can make it easier. We that the economy is in bad shape. Yes, is that we need the private sector to can make it easier for people going the economy is in bad shape. It started take hold of a signal from Washington into business in a sensible way. We being in bad shape in 2007, as the gen- that we do believe in free enterprise, continue to bring bills forward on that tleman knows, when we went into the that we’re not about this government note every week. We brought two for- deepest recession he and I have experi- dictating where activity must occur, ward this week and, as I indicated ear- enced in our lifetime. And it remained where and who is deserving of govern- lier, will again next week. in place, and the year that this Presi- ment support. We will also be bringing forward the dent took office, we lost 786,000 jobs I mean, this is the essence, I think, of 3 percent withholding bill at the end of that month. After we passed the Recov- our difference, Mr. Speaker. We’re try- October that the gentleman well knows ery Act, as the gentleman knows, I’m ing to set aside the divide, because is a big concern to not only, to not sure, we created 2 million jobs over the clearly we don’t agree with the Presi- only the private sector, but also to in- last 24 months. The fact of the matter dent’s approach thus far. We didn’t stitutions like public universities that is it worked. Unfortunately, almost no agree with the stimulus approach, and have already come and approached me economist understood the depth to I think the facts have borne out that and said, you know what, if you don’t which the recession had taken us. we were right, that stimulus spending do something to remove that require- The gentleman didn’t support the Re- out of this government did not produce ment, we’re going to end up having to covery Act—I understand that—nor did the results that the administration pay more for our contracts to our ven- his party. Perhaps those 2 million jobs promised. dors. would not have been created. In fact, We believed then and we believe now there was another bill, of course—the the key to economic growth going for- b 1510 gentleman hates history, I know—that ward is to increase the competence, is So we’re bringing that bill to the was passed that created 22 million jobs to bolster the entrepreneurial private floor. We also are having bills that will that no Republican supported. So I tell sector in this country. It’s about inno- come out of the Financial Services you, my friend, that when we compare vation. From innovation comes jobs, Committee that echo what the Presi- economic performance of policies, one comes manufacturing; but we need to dent said in his speech to us, that echo has created a lot of jobs and one lost a get Washington out of the way and out the President’s stated desire to want to lot of jobs in the last decade. of the business of creating harm. help small businesses access financing. And I will tell my friend when he The gentleman, Mr. Speaker, quotes We’ve got to make sure that we’re says that the American people don’t all kinds of people; but I can quote my doing everything there so it’s not so constituents, as I am sure many of his support the jobs bill, in fact, I want to difficult. We also intend to bring for- go to him and say can you stop making tell my friend The Washington Post- ward measures towards helping small it so difficult for us to create or run a ABC news poll says 52 percent of Amer- businesses take advantage of their ex- business? We need to be a startup coun- icans support the American Jobs Act, try again, Mr. Speaker, and we need to penses so they can expense the costs and 58 percent of Americans believe the see that type of economic activity. that they incur to grow their busi- American Jobs Act will improve the That’s what will bring on growth. nesses and take advantage of that to jobs situation, including in that num- So what we have said is, no, the see if we can grow. ber 52 percent of Independents. In a President’s all-or-nothing approach is Lastly, Mr. Speaker, the gentleman Gallup poll, Americans support unacceptable. It has been rejected by indicates we need to have hearings and Obama’s plan to pay for the American the American people. They don’t want we need to do things on the President’s Jobs Act, 70 percent of Americans sup- the my-way-or-highway kind of con- jobs bill. I think we’ve indicated, and port increasing taxes on some corpora- duct. again, the Ways and Means Committee tions by eliminating certain deduc- And what we see out there, Mr. had hearings related to unemployment tions. I think some of your Republicans Speaker, is some conduct on the part of insurance reform, something that the have said the same thing. Sixty-six the administration that is just not be- President indicated that he wanted to percent support increasing revenues on coming and of a helpful mode. How is it do. individuals earning at least $200,000. helpful out there to aim at particular So, Mr. Speaker, no, we’re not going Now, again, the President did not sug- sectors of industry, to aim at business to bring up the President’s bill in gest doing that now, as the gentleman in general when we’re wanting the whole because we don’t believe in rais- knows, just as the commissions did not businesses to create the jobs? ing taxes and in more stimulus spend- suggest doing that now. So what we have said is, no, we are ing, but we are going to take the parts But what I have said to the gen- not for voting on tax increases in this that we can agree on. And we’ve taken tleman and what I believe to be the House, which is what the President’s that posture again and again. It’s a case, and he says the Ways and Means proposal is about. We’re not for accept- reasoned approach when you have two Committee had a hearing today, that ing his desire to make it more difficult sides that have disagreement to say hearing was not on a comprehensive for charities to be successful. That’s we’re going to focus on commonality jobs package. It was on an important what’s in the President’s plan. I’m sure and transcend those differences. issue, no doubt about that, but there the gentleman would not agree that we Mr. HOYER. I thank the gentleman has been no comprehensive effort to ought to limit deductions to charities, for his comments. put together in the short term a bill and that’s what the President’s bill First of all, let me say that the gen- which will bring jobs to Americans does, something that’s not very helpful tleman knows full well that the Presi- that they need now. in today’s economy when people are so dent’s jobs bill does not include reve- The President’s bill, we believe, will in need of help by charities. nues. The President suggested in the do that. We understand that there may So we said, fine, set aside those dif- short term—and we ought not to raise be opposition. We also understand that ferences and let’s look at where we can revenues, as a matter of fact. In the there may be change. But there has

VerDate Mar 15 2010 02:41 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.084 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6664 CONGRESSIONAL RECORD — HOUSE October 6, 2011 been no vehicle brought to this floor mitted as the President’s jobs bill. cant discussion between our two par- since the President spoke over 2 weeks There are no cosponsors. So if there is ties. Indeed, the Republicans did offer a ago to allow this House to work its such support on the other side, I would budget bill which privatized Social Se- will. You may have the majority of guess we’ll see a lot of people, a lot of curity. They call it a premium support votes on it, but let the American peo- Members signing up for that bill. program. It eliminated the guarantee ple see who wants to create jobs. The I would say, though, to the gen- that people would have access to af- gentleman says we don’t create jobs. tleman that the reason we don’t be- fordable health insurance coverage. He is exactly right in a certain sense; lieve that bill is helpful right now is We don’t agree with that. The gen- but in another sense, as he says, we because we don’t believe that raising tleman is absolutely correct. We’ve re- create an environment in which jobs taxes is something you need to do to jected that. I would suggest the voters are created, in which the economy grow the economy. In fact, it’s harmful have rejected it. But I will tell the gen- grows, and in which people feel com- to growing the economy. tleman that we also reject the notion fortable. And as far as the gentleman’s admo- that you can spend great sums of One of the things I want to say to my nition or statement about the joint se- money, as we did in the last decade friend that I hope he would be for, my lect committee, again, if he says ‘‘bal- when your party was in control of the own belief is that one of the things anced approach,’’ that’s a nice way of House, the Senate, and the Presidency, that will most raise confidence will be saying we want to raise taxes. We don’t and not pay the bill. That’s why we to have the select committee of 12 want to raise taxes. As the gentleman went from $5.6 trillion of projected sur- come to an agreement on cutting $4 knows, he and I have been at the proc- plus to a $10 trillion debt when this trillion over the next 10 years so that ess of trying to forge a solution. Both President took over. we can get the fiscal house in America he and I do want to see outcome and I will tell the gentleman that paying in order and to do so by a balanced ap- success, because I don’t feel that it is for what we buy is the right thing to do proach with everything, all of our ex- in any way helpful to anyone to see the for our children and grandchildren. penses and revenues, on the table. I joint select committee fail. And the way you pay for that is called would hope my friend would join me in The committee is charged with com- taxes. And we’re not for raising taxes. urging the select committee to do that, ing up with commensurate savings in However, we are for paying our bills. because I frankly think that is the one order to increase the Nation’s credit And if we want to buy stuff, if we want thing we could do that will raise the limit, so that means we’ve got to get to confront terrorists in Iraq—which I most confidence—not only here at the cuts. But when the gentleman supported—and if we want to confront home among Americans, but around talks about ‘‘big deal,’’ I’m all for try- terrorists in Afghanistan—which I sup- the world—in America’s ability to ad- ing to fix the entitlements because we ported—and if we want to make sure dress tough questions. know that’s the problem facing this that seniors have prescription drugs, So I would urge my friend to, one, try country, that the disproportionate we ought to pay for those, not pass to come to an agreement with his com- driver of the deficits is the entitle- those along to my grandchildren. And mittee chairs to have a comprehensive ments. you don’t have grandchildren yet, but jobs bill brought to the floor, whatever at some point in time you may well b 1520 you think that jobs bill may be, and have them. And I hope you do have then allow us to offer amendments, We know how to fix them. In fact, grandchildren. It’s a wonderful joy. But have the House of Representatives our side is the only one that has prof- we’re simply passing the expenses work its will on that; and then, sec- fered a wholesale formula to address along to them. ondly, to join in urging the select com- reform that would last a generation. As the gentleman knows, we’re now mittee to work on getting us back to That’s the kind of certainty that I collecting somewhere in the neighbor- where we were in 2001 with a projected think will help in terms of increasing hood of 15 percent of revenues, 3 per- surplus in this country. investment and the appetite for risk in cent below average for the last 40 Mr. CANTOR. If I could just respond, this country to help entrepreneurs years. But we continue to buy things. Mr. Speaker, first of all, I need to cor- grow. The gentleman, his party and the And we bought things at a greater rate rect the record about the gentleman’s President have rejected our approach in the decade that has just passed than statement about my not appreciating and have failed to offer a single for- we did in the 1990s. We increased spend- history. Of course I appreciate history. mula that will fix the entitlement ing at a greater rate. The gentleman It is just one’s sometimes biased inter- problem and instead want this so called knows that. That’s not history; those pretation of that history that I take ‘‘balanced approach’’ that will simply are facts, maybe historical facts, but exception with. take money out of the private sector, they’re facts. Mr. HOYER. Reclaiming my time, is out of the people who have earned it, What I’m telling the gentleman is, there anything I said that you believe the small business owners, to continue with respect to a balanced approach— is factually inaccurate? to fund Washington to let Washington he then says, well, all that means is I yield to my friend. spend money. you want to raise taxes. No. What it Mr. CANTOR. Mr. Speaker, without And we say if you are not willing and means is I want to make sure that we getting into specifics, I think the gen- courageous enough to fix the problem, put everything on the table that is giv- tleman and I do have a different view why should we go and make prospects ing us the challenge that we’re seeing perhaps of history at times, not al- for economic growth that much dim- all over the world of balancing our ways. mer by raising taxes? budget, getting our expenditures in Mr. HOYER. I’ll take that as a ‘‘no.’’ So, yes, I would say to the gen- line with our revenues, and that we do Mr. CANTOR. I would say this, Mr. tleman, Mr. Speaker, I’m all for as so in a way that does not undermine Speaker. The gentleman well knows much savings as we can actually ac- America’s national security, its eco- that the President’s jobs bill, as sub- complish and reform that we can com- nomic well-being, and the welfare of mitted by Mr. LARSON, has been re- plete, but, clearly, we have dem- our people. That’s what we believe in, ferred to many, many committees. onstrated there are a lot of differences. that’s what we hope this select com- There isn’t one committee that’s going So, instead, I would look to the joint mittee will do, and, yes, we believe to have a comprehensive hearing on select committee to do its work. And I that everything needs to be on the the bill. So as I said before, we intend have the full confidence in the ap- table. to take the areas that we can agree on pointees by our Speaker that we can If that is not consistent with what to work together towards forging a so- see it do its work without a lot of hy- your view is, it is consistent with the lution so we could actually, as some perbole and fanfare so we can continue views of every bipartisan group, the would say, put a win on the board for to focus on how we’re going to get Big Three, if you will—Pete Domenici, the American people. Americans back to work. former Republican chairman of the I would say also, Mr. Speaker, it is Mr. HOYER. I thank the gentleman. Budget Committee in the United interesting to note that there are no Mr. Speaker, we have seen, I think, States Senate; Alice Rivlin, former cosponsors on the bill that’s been sub- in that last discussion a very signifi- CBO director; Erskine Bowles, former

VerDate Mar 15 2010 02:41 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.086 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6665 chief of staff for the White House; Alan MIDDLE EAST PEACE AN INSULT TO THE AMERICAN Simpson, former U.S. Republican Sen- (Mr. SARBANES asked and was given PEOPLE ator from Wyoming; and the Gang of permission to address the House for 1 (Ms. JACKSON LEE of Texas asked Six that now has over 18 or 19 Repub- minute and to revise and extend his re- and was given permission to address licans and 18 or 19 Democrats saying marks.) the House for 1 minute.) we need to do. Mr. SARBANES. Mr. Speaker, the re- Ms. JACKSON LEE of Texas. Mr. I hope we can join together to do cent Palestinian bid for U.N. recogni- Speaker, there is something about hav- that. I personally believe that is the tion effectively abandons direct nego- ing a heart and a philosophy that most important effort that we could tiations as the structure for pursuing Americans who are not working want make in bringing confidence back to peace in the Middle East. To those who to work; Americans who are not rich America and to the perception of question the United States’ solidarity simply want an opportunity to provide America around the world. with Israel in the face of this bid, the for their families. Mr. CANTOR. Just one final note, answer is that it is in America’s inter- I want to congratulate the President Mr. Speaker, we should just stop buy- est to stand strong with its friend and today for acknowledging that this eco- ing so much. That’s my point. ally. nomic downfall is not attributable to Mr. HOYER. I yield back the balance The Arab Spring is dramatically al- his actions as a President that happens of my time. tering the dynamics of the Israeli-Pal- to be a Democrat. I thank him for men- tioning the calamity in China, dealing f estinian conflict and the wider region. Familiar antagonists are seizing on a with the manipulation of currency. It HOUR OF MEETING ON TOMORROW new populism to stir up anti-Israel sen- is something we have to address. It is timent. something that has not benefited the Mr. CANTOR. Mr. Speaker, I ask It’s no surprise that countries like United States. unanimous consent that when the Iran would seek to hijack the senti- I believe as individuals run for the House adjourns today, it adjourn to ment of the Arab Spring, but who Presidency, they have every right to do meet at 10 a.m. tomorrow, and further would have predicted that NATO mem- so; but every time they make a state- when the House adjourns on that day, ber Turkey would turn against its ment of insult to the American people, it shall meet at noon on Tuesday, Octo- former ally, Israel, with such ferocity? I’m going to address it. ber 11, 2011, for morning-hour debate Among other things, Turkey’s behavior Mr. Cain seems to want to continue, and 2 p.m. for legislative business. appears calculated to establish stra- rather than to talk constructively The SPEAKER pro tempore. Is there tegic dominance of the eastern Medi- about how we can bring people to- objection to the request of the gen- terranean by putting pressure on the gether, today he announced that those tleman from Virginia? Israeli-American alliance. who are on rallies around this coun- There was no objection. One critical way for the United try—some in my district, as we speak— he told them, if you are not employed f States to discourage this kind of ad- venturism in the region is to continue and you are not rich, it’s your fault. Mr. Cain, you need to understand PIPISTREL AND PIPISTREL USA to affirm its unbreakable bond with the what the common people and person is State of Israel. (Mr. THOMPSON of Pennsylvania going through. Understand the com- asked and was given permission to ad- f mon man and stop being high and dress the House for 1 minute and to re- mighty. I don’t know how you can rep- vise and extend his remarks.) b 1530 resent all of the people. You need to Mr. THOMPSON of Pennsylvania. DEEPWATER RESTORATION: A get a grip and understand what Amer- Mr. Speaker, the future of electric ica is all about. aviation is upon us in the Centre re- STEP IN THE RIGHT DIRECTION ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE gion of Pennsylvania. Pipistrel and (Mr. PALAZZO asked and was given The SPEAKER pro tempore. Mem- Pipistrel USA, an aviation company in permission to address the House for 1 bers are reminded to address their re- State College, Pennsylvania, won first minute.) marks to the Chair. place in NASA’s Comparative Aircraft Mr. PALAZZO. Mr. Speaker, on April Flight Efficiency Green Flight Chal- 20, 2010, America witnessed the worst f lenge, which took first place Sep- man-made disaster in our Nation’s his- HONORING THE LIFE OF REV- tember 25 at Charles Santa Rosa, Cali- tory. Mississippi lost four of her native EREND FRED LEE fornia. sons to the explosion; and, over the SHUTTLESWORTH Sponsored by Google, the Green course of 3 months, nearly 5 million The SPEAKER pro tempore. Under Flight Challenge was created to ad- barrels of oil gushed into the Gulf of the Speaker’s announced policy of Jan- vance aviation fuel efficiency tech- Mexico, causing extreme economic and uary 5, 2011, the gentlewoman from nologies. Fourteen teams registered environmental damage. Alabama (Ms. SEWELL) is recognized and collectively invested more than $4 Yesterday, the bipartisan RESTORE for 60 minutes as the designee of the million in the challenge. The winning Act was introduced that will put the minority leader. aircraft had to fly 200 miles in less Gulf States on the right path to long- Ms. SEWELL. Mr. Speaker, during than 2 hours and use less than 1 gallon term recovery. The RESTORE Act will this CBC Special Order hour, we’re of fuel per occupant, or the equivalent send 80 percent of the fines paid by BP going to honor the life and legacy of in electricity, and would be awarded a to the areas that were most affected Reverend Fred Shuttlesworth. And I $1.35 million grant. from this tragic event and will allow rise today to pay tribute to a great Pipistrel USA’s aircraft achieved the Gulf States to invest funds in civil rights leader, Reverend Fred Lee twice this requirement, flying 200 miles projects and programs designed to re- Shuttlesworth, who passed away yes- using just over a half-gallon of fuel habilitate the region economically and terday at the age of 89. equivalent per passenger. The team environmentally. Reverend Shuttlesworth was a pas- was led by Dr. Jack Langelaan, assist- The act provides States with the sionate advocate for equal rights and a ant professor of Aerospace Engineering flexibility to address their own unique courageous Freedom Rider. He was one at Penn State University, and sup- and specific needs with transparency of the leaders of the civil rights move- ported by engineers and faculty from and accountability. Once BP is held ac- ment in Birmingham, Alabama, and a numerous departments, local area avia- countable for its actions, it’s only fair cofounder of the Southern Christian tion businesses and facilities. It truly that those hardest hit will receive the Leadership Conference, SCLC. Martin was a team effort. relief they desperately need and de- Luther King considered Reverend I want to congratulate Pipistrel serve. Shuttlesworth the most courageous USA, Penn State, and all those in- I now urge my colleagues from across civil rights fighter in the South. volved in this project for their hard the country to do the right thing and Born in Mount Meigs, Alabama, on work and entrepreneurial spirit. support the bipartisan RESTORE Act. March 18, 1922, Reverend Shuttlesworth

VerDate Mar 15 2010 02:41 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.087 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6666 CONGRESSIONAL RECORD — HOUSE October 6, 2011 was raised in Birmingham, Alabama. Shuttlesworth convinced Martin Lu- b 1540 Brought up by his tough-minded moth- ther King, Jr., and the SCLC to come His commitment to the racial equal- er, Mrs. Alberta Robinson to Birmingham, Alabama, for a mas- ity and justice for all is a message that Shuttlesworth Webb, Reverend sive campaign against segregation. In will inspire people for generations to Shuttlesworth developed a very power- response to the campaign, Bull Connor come. ful personality that prepared him for released police dogs on activists and I, therefore, Representative to this his civil rights leadership in Alabama. had activists sprayed with intense fire U.S. Congress from the Seventh Con- Reverend Shuttlesworth was a bright hose streams so powerful they could gressional District of Alabama, do student and graduated valedictorian of knock bark off a tree from 100 feet hereby recognize Reverend Fred Lee his class at Rosedale High School in away. Shuttlesworth for his numerous con- 1940. Shuttlesworth was compas- These egregious actions were cap- tributions, not only to the Seventh sionate. He was captivating, both as a tured on national television and pub- Congressional District and the State of student, and then later as a minister. lished in newspapers across this coun- Alabama but to our wonderful Nation. He was captivated by the Baptist de- try. The national attention led to Fed- I ask those present today to join me nomination and felt called to the min- eral intervention and the signing of the in honoring Reverend Shuttlesworth istry. He graduated from Alabama Civil Rights Bill of 1964 and, later, the and commending him for his many State College—now known as Alabama Voting Rights Act of 1965 by President achievements on behalf of a grateful State University—in 1952 and became Lyndon Baines Johnson. Nation. I know that many of my col- the pastor of the historic First Baptist Reverend Shuttlesworth was at the leagues will join me during this hour to Church in Selma, Alabama. In 1953, heart of this monumental victory as he commemorate his life and legacy. Reverend Shuttlesworth took over as poured his soul into the civil rights I now yield time to our CBC chair- pastor of Bethel Baptist Church in movement. Although Shuttlesworth re- man, the gentleman from Missouri, North Birmingham, Alabama. mained active in the movement in Ala- EMANUEL CLEAVER, for his comments Reverend Shuttlesworth soon became bama and regularly visited, he did on Reverend Shuttlesworth’s wonderful the most publicized crusader in the his- move in 1961 to Cincinnati, Ohio, where life. tory of Birmingham, Alabama. He be- he was a pastor for most of the next 47 Mr. CLEAVER. Let me first thank came active in the voter registration years. In Cincinnati, Shuttlesworth be- the gentlewoman from Alabama for her efforts of the NAACP and in the Civic came the pastor of the Greater New vision in speaking of one of America’s League’s attempts to clean up saloons. Light Baptist Church in 1966 and great men. In 1955, Reverend Shuttlesworth sup- worked to continue his work to fight Shortly after Martin Luther King ported the Montgomery Bus Boycott against racism and for the alleviation was killed in Memphis, Tennessee, I, that was set in motion by Rosa Parks’ of the problems of the homeless until just leaving college, became very ac- refusal to give up her seat. he retired in 2007. tive with the Southern Christian Lead- When an Alabama Circuit Court in- Upon his retirement, Reverend ership Conference. At that time, Ralph junction stopped the NAACP’s oper- Shuttlesworth moved back to Bir- Abernathy had taken over leadership of ation in the State of Alabama, Rev- mingham, Alabama. the organization, and Joe Lowery had erend Shuttlesworth founded the Ala- I know that the City of Birmingham become the chair of the board. And a bama Christian Movement for Human is very proud of its native son and the short time after that, Walter Faunt- Rights in June of 1956. The weekly role he played in the civil rights move- roy, who served as the delegate for the meetings of this wonderful organiza- ment. In 1988, the Birmingham City District of Columbia, became the chair tion became the mouthpiece for the Council approved an order to rename a of the board. And prior to that he was masses of African Americans in Bir- 4-mile stretch of road F.L. the SCLC Washington Bureau Chief. mingham, Alabama, for over a decade. Shuttlesworth Drive. In addition, the So I became actively involved. I con- In 1957, Reverend Shuttlesworth City of Birmingham erected a statue of sidered Fred Shuttlesworth as a men- helped fellow ministers and civil rights Reverend Shuttlesworth outside the tor. Fred Shuttlesworth had a remark- leaders Martin Luther King, Jr., and Civil Rights Institute when it opened able life in that he was a great preach- Ralph David Abernathy found the in 1992. The Birmingham Airport Au- er. But as people who knew him will Southern Christian Leadership Con- thority also renamed the Birmingham tell you, he was not afraid of anything, ference, which became the most impor- International Airport the Birmingham- and sometimes that did not work to his tant civil rights organization in the Shuttlesworth International Airport in benefit. South during the 1960s. his honor. Fred Shuttlesworth was in his home Reverend Shuttlesworth was an in- On behalf of a grateful Nation, Rev- when the Klan blew it up. Reverend spiration to other activists because of erend Shuttlesworth was presented Shuttlesworth ended up down in the his strong commitment to the fight for with the Presidential Citizens Medal by basement, but if the Klan had believed equality, which often put him and his President Bill Clinton on January 8, that blowing up his home would get family in harm’s way. He was the tar- 2001. him to back away from a movement to get of two bombings. When Mr. Shuttlesworth was married to bring dignity and civil rights to people Shuttlesworth and his wife attempted Sephira Bailey Shuttlesworth, and he in this country, they were wrong. to enroll their children in a previously was the proud father of four—Patricia, And Fred Shuttlesworth was so tough all-white Birmingham public school in Ruby, Fred, Jr., and Carolyn. He also that it was often said that when God 1957, a mob of Klansmen attacked him. leaves behind 11 grandchildren and nine allowed Bull Connor to be born, that he Shuttlesworth was beaten with chains great grandchildren. also made Fred Shuttlesworth to serve and brass knuckles in the streets while Now, over the years, Reverend as his even change. Fred Shuttlesworth someone stabbed his wife during this Shuttlesworth has distinguished him- was in many confrontations with the altercation. self and been honored by numerous legendary and infamous Bull Connor. His personal courage and sacrifice en- awards. His leadership that he showed One of the things that I think people couraged others to join the movement this Nation in fighting against racism need to remember is that, of the people as well. Shuttlesworth participated in is second to none. involved in the founding of the South- the sit-ins against segregated lunch The people of the Seventh Congres- ern Christian Leadership Conference, counters in 1960 and took part in the sional District of Alabama—that I am which was Martin Luther King, Ralph organization and completion of the so grateful to represent—commends Abernathy, Fred Shuttlesworth, some Freedom Rides in 1961. him for his wonderful efforts. And as people include C.K. Steele, is that Reverend Shuttlesworth willingly the first black Congresswoman elected Shuttlesworth was perhaps the rough- stood up against the brutal tactics of from the State of Alabama, I know I est of the group. He went to college Public Safety Commissioner Eugene stand on the shoulders of Reverend late. He was a man who’s physical stat- ‘‘Bull’’ Connor, as he was known, in the Shuttlesworth. I would not be here ure was almost amazing. Even when he fight for civil rights. The civil rights today had it not been for his sacrifice went into his eighties, Fred movement climaxed in 1963 when and the sacrifice of so many. Shuttlesworth could slide on a pair of

VerDate Mar 15 2010 02:41 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.090 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6667 pants and a shirt and there would be no never would have been a Birmingham representing the good people of the bulge. He had one of those amazing moment. Had there not been a Bir- Fifth District of Georgia if it hadn’t bodies where he always looked fit, even mingham movement, the Southern been for individuals like Fred into his eighties. Christian Leadership Conference would Shuttlesworth. But the thing that I want to say never have existed, which meant that The Reverend Fred Shuttlesworth is about Reverend Shuttlesworth is that Martin Luther King would have gotten the last of a kind. He was a fearless, de- there was never a challenge that his PhD and pastored a church, perhaps termined, courageous leader for civil caused Fred Shuttlesworth to back in Atlanta, Georgia, and nobody would rights and social justice. When others away. There was no threat strong have heard of him. did not have the courage to stand up, enough that Fred Shuttlesworth would So I take great pride in the oppor- speak up and speak out, Fred seek cover. He was always out front, tunity to just talk about a friend and a Shuttlesworth put all he had on the willing to take whatever came his way mentor, the Reverend Fred line to end segregation and racial dis- in order to pursue the fight for justice. Shuttlesworth, a great civil rights crimination not only in Birmingham When I was elected mayor of Kansas leader, a great Baptist preacher, and a but throughout the State of Alabama City, one of the highlights of my time great human being. and throughout our Nation. in office was Fred Shuttlesworth vis- Ms. SEWELL. Thank you so much. I As has been said so well before, he iting Kansas City and coming into my was born in Selma, Alabama, and was beaten with chains, his home was office and getting excited because on raised in Selma, and my home church bombed, his church was bombed, and he the wall in my office hung a photo- is Brown Chapel AME Church. And I re- lived under constant threat of violence graph, an enlarged photograph which member so many commemorations of and murder; but he never, ever lost showed Fred Shuttlesworth and a large the march from Selma to Montgomery faith in the power of love to overcome number of other civil rights leaders always culminated on that Sunday hate. and giants who I was just pleased to be when they commemorate Bloody Sun- He escorted brave young children to around hanging on the wall prior to a day in my church. And I can remember desegregate public schools in Bir- march we had done in Greene County, often seeing Reverend Shuttlesworth mingham. In 1961, and I will never, ever Alabama. And I was so thrilled that at Brown Chapel and crossing that Ed- forget it, when I was only 21 years old, Fred Shuttlesworth could come to my mund Pettus Bridge that he did so during the Freedom Rides, 50 years office and see his photograph hanging often in those commemorations. ago, when others were immobilized by and know how much I appreciated him. My last time seeing him, he partici- fear, he was fearless and met us at the Let me just say this—and I’ll pass pated in a Faith in Politics luncheon Greyhound bus station in Birmingham, this on—Fred Shuttlesworth preached that we had this past year, this past Alabama, and welcomed us into his at the church I have been fortunate to March and when I was so honored to home. When we were trapped in the pastor for over 30 years. And each time co-host that Faith in Politics pilgrim- First Baptist Church a few days later, he would come in and he’d say, now, age back to Alabama with Congress- pastored by the Reverend Ralph Aber- Cleaver, I want to show you how you man LEWIS. nathy in downtown Montgomery, after can preach a long sermon. And his I know that my generation owes a we had been beaten by an angry mob strategy was this: after about 30 min- debt of gratitude to the Freedom Rid- and the church had been surrounded by utes, he would say, and wink at me, ers, to the folks, the civil rights activ- individuals who tried to burn the I’m about to wrap up now. And he said, ists such as Reverend Shuttlesworth church down, he stood up and he spoke. then people would listen to him wait- and JOHN LEWIS. We owe so much to He gave us courage. He told us not to ing because they knew he was about to them. We not only stand on their be afraid. wrap up. And then 10 or 15 minutes shoulders, but we pay honor and trib- He worked tirelessly beside Dr. Mar- later he’d say, I’m on my way out now. ute to them always. They fought the tin Luther King, Jr., and others as he I’m closing out. So Fred Shuttlesworth good fight so that people like us could led the Birmingham Movement. In 1963 could easily preach an hour and trick go to Ivy League schools, could walk when Bull Connor, the commissioner of people two or three times. And that the Halls of Congress, and I’m just for- public safety, used dogs and fire hoses was what he called training me in how ever grateful for their courage and on peaceful protesters, including young to preach a long sermon. their sacrifice. children and women, Fred And he preached at our church many Shuttlesworth was there. 1550 times. In fact, the last time he b And I will never forget, Congress- preached there, which was probably 2 I am equally thrilled to now yield woman SEWELL, when we went back to years ago, he was a little frail for the time to Congressman JOHN LEWIS of Selma in 2007, Fred Shuttlesworth first time that I had ever been around Georgia. The gentleman from Georgia wanted to cross that bridge one more him. And he was still fiery, as our col- is one of my own personal heroes and time. He was unable to walk. He was in league, JOHN LEWIS, will tell you. will speak to knowing Fred a wheelchair. Then-Senator Barack There was never a time that he did not Shuttlesworth personally and talk of Obama pushed the chair across the have fire. In fact, his autobiography is the times in the sixties that they bridge. Former President Clinton came entitled, ‘‘Fire Inside My Bones,’’ shared together. I am just immensely and kneeled down at the chair in front which I have in my office. honored to be able to call Congressman of Fred Shuttlesworth to pay tribute And he, I think, was the epitome of LEWIS a friend as well as colleague. and homage to him. the civil rights struggle. He did a lot of Mr. LEWIS of Georgia. Mr. Speaker, This brave and courageous man must struggling. He never made a lot of I want to thank my friend and col- be remembered. In my estimation, he money. He never got a lot of publicity. league, Congresswoman TERRI SEWELL is one of the Founding Fathers of the There are probably people in the coun- from Birmingham, for holding this New America. He helped liberate, not try who hear the name Fred Special Order. Thank you for rep- just the State of Alabama, not just the Shuttlesworth and not know who he is. resenting the people of the Seventh South, but he helped liberate America; This morning I turned on MSNBC Congressional District of Alabama, es- and that’s why we honor him. He and saw his name being scrolled across pecially Birmingham and Selma. helped change and made us a different the bottom of the television set, that I grew up reading and hearing about people, made us stand up, walk, run, the Reverend Fred Shuttlesworth, age Reverend Fred Shuttlesworth, the man and march with pride. We owe him a 89, died in a Birmingham, Alabama, from Birmingham, Alabama. I grew up debt of gratitude. He will be deeply hospital. And I sat there thinking, you about 150 miles from Birmingham out- missed. know, the great tragedy is that prob- side of a little town called Troy. The When we go back to Birmingham, or ably millions of people are looking at words of Fred Shuttlesworth, the ac- to Montgomery, or to Selma, or any that and saying to themselves, I have tions of this man were so inspiring, I part of the American South, we may no idea who Fred Shuttlesworth is. probably wouldn’t be standing here see a statue at the Civil Rights Insti- And I’m here to tell you, had there today, I know I wouldn’t be standing tute or Museum in Birmingham, but we not been a Fred Shuttlesworth, there here today as a Member of Congress will see Fred Shuttlesworth all over

VerDate Mar 15 2010 02:41 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.091 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6668 CONGRESSIONAL RECORD — HOUSE October 6, 2011 the South and all over the Nation, be- Ralph David Abernathy and Martin Lu- New York—places far from the South. cause he helped bring down those signs ther King and himself in pushing, shov- They got on because they were driven that said White Men, Colored Men; ing and pushing the movement in Ala- by the rightness of the morality of White Women, Colored Women; White bama and around the Nation. those who were standing for the em- Waiting, Colored Waiting. At his side as a young man, a Presi- powerment of those who had been bru- America is different. America is bet- dent who served this country for 8 talized. They came from far and wide. I ter. And we are a better people because years, a Southerner, William Jefferson don’t know how one could stand by and of this one brave, courageous man who Clinton, who acknowledges that part of watch buses be burned to a crisp or had the audacity, had the ability, the his great legacy or great opportunity could watch those innocent Ameri- capacity, to stand up and say, we will was not only the meeting of President cans—young and with a great deal of be free. John F. Kennedy, but during his life- hope—come to the Deep South and be He said over and over again, EMAN- time or his Presidency to correct many bloodied and be attacked and spit upon. UEL CLEAVER: ‘‘Before I’ll be a slave, of the ills that occurred to African I note that tragic moment when they I’ll be buried in my grave and go home Americans and people of the slave his- were brutalized so badly as they came to my Lord and be free.’’ That’s the tory in this Nation, from the establish- into the area of Reverend message of Fred Shuttlesworth. I hope ment of the African American Museum, Shuttlesworth. They were brutalized as all of our young people, black and to the honoring of so many, such as the a result of a famous name, though a white, Latinos, Asian Americans and Tuskegee Airmen, in terms of gener- name of great damage—Sheriff Bull Native Americans, will study the life of ating that as he spoke, to the honoring Connor—with water cannons and the Fred Shuttlesworth. of civil rights leaders, to the bestowing violence that he evidenced that woke up America. Thank you, Congresswoman SEWELL. of recognition on Rosa Parks. Ms. SEWELL. Thank you so much, These brutalized Freedom Riders b 1600 OHN Congressman LEWIS. were, I guess, temporarily taken, J , I also am always constantly in awe of There are so many things that this to a hospital where Reverend our next presenter. I yield time to not President, President Clinton, at- Shuttlesworth was concerned about only a wonderful sister in Congress but tempted to do because he got to know their safety. He didn’t concern himself also a real leader in Congress, my men- and he could understand the walk and about his safety, but was concerned about theirs. So with a few deacons— tor, the gentlelady from Texas, SHEILA the talk of Reverend Fred and for those of you who understand JACKSON LEE. Shuttlesworth. I am grateful that we Ms. JACKSON LEE of Texas. Thank have the first African American woman our church structure, deacons are close you so very much, Congresswoman SE- Congressperson from Alabama, and I to the pastor. They are as men who go with him through fire, storm, rain, and WELL, for allowing us to come to the know that she told you of her family’s floor of the House and be joyful even legacy but also of the salt of the Earth devastation. They went with him to though someone has passed. I thank that they are, Alabamans who knew of carry these broken bodies out of the my previous speakers. Reverend Fred L. Shuttlesworth’s hospital, fearful for their lives. He took them to his church where, as many JOHN LEWIS, we salute you always for work. continuing to be our chronicler, our What I am most moved by is the fact knew in the South, was not a place voice, our steady, if you will, encyclo- that he acknowledges that his begin- that was immune to violence, as was pedia of today, yesterday and tomor- nings were on a farm, that he was evidenced by the Birmingham bombing row, what we should be aiming toward raised by his stepfather and his moth- of a church that killed four little girls as a Nation and as a people but also er. He came first to be a truck driver, in a Sunday school class. But Reverend Shuttlesworth was not fearing his life. what we came through. and then got the word that he should And to stand next to this picture, go to a school, to the Cedar Grove He wanted to make sure that those who thank you for allowing me to stand Academy—a local Bible college—and had come to help them and us could be safe and would not be bombarded in the next to such a symbolic statement begin the seeding of understanding in hospital and be threatened or in fear of about who I would like to call Rev- the Scriptures of much of what we who their lives. erend Dr. Fred L. Shuttlesworth. Can I happen to be Christian believe in—but Reverend Shuttlesworth, I want to just stand here and say that I knew it can be found in so many faiths, from thank you for allowing me to know him? And as well can I say that I had Judaism, to Islam, to Buddhism, and to you. I want to thank you for staying the privilege of following way behind many other faiths—this whole chari- alive to be able to see the election of JOHN LEWIS’s footsteps, Congress- table role that you must take: that it the first African American President of woman SEWELL, in working in the is better to give to others than it is to the United States. I am grateful that Southern Christian Leadership Con- give to yourself. you stayed alive to see America at her ference at the time that Reverend Dr. Even though Reverend Fred best when, in 2008, she came together Ralph David Abernathy was alive, that Shuttlesworth was a feisty man, he and unshackled the devastation of Hosea Williams was alive, that James would tell it to you. Don’t get fooled race, the ugliness of race, and began to Orange was alive, and certainly Fred by a wheelchair. He was a feisty man. accept that strength and rightness of Shuttlesworth was still on the battle- He didn’t take much to being offended. anyone who desired to be President. field in places around the Nation. As JOHN LEWIS has taught us over the Reverend Shuttlesworth, as you lay So I want to say to his children and years, as we’ve traveled back to com- in rest, let me again thank you for giv- his wife and all of his great legacy in memorate Bloody Sunday and how en- ing us courage, for being a friend to Alabama that he has given birth to trenched the movement was of non- JOHN LEWIS, a friend to Martin and to much. This picture depicts a monu- violence, Fred Shuttlesworth was will- Ralph David Abernathy and to James mental statement, both of his status as ing to, in essence, concede his Orange and to many of the Freedom an American and a patriot, both of feistiness to be part of the movement Riders and song singers that I get to what he created. Whether it was a he established first, the Alabama see when I go for that commemoration. young Senator to be President, Presi- Christian Movement for Human Rights, What I would say in closure, Dr. dent Barack Obama, pushing this and of course then to overcome its de- Shuttlesworth, is that you wanted us icon’s wheelchair as we commemorated claring of being unconstitutional and to be engaged in fighting for people the legacy of JOHN LEWIS, and that is moving on to other creative ways to who could not speak for themselves. I the crossing of the Edmund Pettus create and continue the movement. would imagine that you would want us Bridge, the time when those who spoke What I like most since JOHN LEWIS to pass and vote for the American Jobs loudly on behalf of those who could not told us of the Freedom Rides—and that Act. I imagine that you would not be speak were brutalized and beaten to is an emotional experience, an emo- accusatory as to why people are unem- unconsciousness simply for the right to tional set of words to listen to because ployed and are not rich. I imagine you vote. Fred Shuttlesworth was known as of the loss of life that attended to would be sympathetic to the people in a man that did not run away from dan- those college students and the others the streets today, now Thursday, Octo- ger. Fred Shuttlesworth joined Dr. who got on buses from Ohio to Illinois, ber 6, 2011, and I imagine you would

VerDate Mar 15 2010 02:41 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.092 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE October 6, 2011 CONGRESSIONAL RECORD — HOUSE H6669 say, Keep on keeping on. I imagine you Alabama, to be able to even dream of participate in a second bailout package would say, Have no fear, because our someday being in this august body. for Greece.’’ Now, that could be up to great friend Dr. Martin Luther King b 1610 200 billion euros, 200 billion euros; and told us of a mountaintop, and he said when you talk about American dollars, the pathway to the Promised Land It was Shirley Chisholm, the first Af- that’s about $280 billion. would not be easy. He said in his dying rican American to sit in these seats in The United States would be respon- days, or in the last hours toward the Congress, who said: ‘‘Service is the sible for 36 billion of those dollars. end of his life, that he had seen the rent we pay for the privilege of living That’s American taxpayers’ dollars Promised Land. You still lived at that on this Earth.’’ I know that Reverend that would be going to Europe to deal time, and he told us that he might not Shuttlesworth has made more than with the problems that Italy, Spain, get there but that he knew that, as a just a deposit towards that rent. He’s Greece, and those other countries face. people, as this Nation, we would get to opened the doors, so many doors for so But in addition to that, there was a the Promised Land someday. many of us to walk through, and for recent announcement by the IMF that Reverend Dr. Shuttlesworth, you that I just want to say thank you. it was expanding its ‘‘bailout fire- have gone on, and we recognize that Thank you. We are awfully humbled by power’’ to $1.3 trillion, and there is a our people are hurting, and that the fact that we have an opportunity to potential that the International Mone- they’re in the streets and that they’re pay tribute to such a wonderful man. tary Fund could create what they call all colors and backgrounds and reli- In closing I just want to say thanks a ‘‘special purpose vehicle’’ to buy the gions in all areas of this country. You to this august body for allowing us the embattled bonds of failing European realize that we are lucky enough to opportunity to celebrate the life of countries like Greece, Spain, and Italy. have Congresswoman SEWELL and JOHN such a wonderful American. And we When you boil all that down, it means LEWIS out of Alabama, and now At- say in closing, while we may say fare- the United States could buy a great lanta. You recognize that you pass well to Reverend Shuttlesworth now, deal of the $1.3 trillion in bonds that your mantle on, but you are hoping we in America know that it was be- would be purchased to keep those coun- that we are not giving up and that we cause of the work that he did that we tries afloat. Now, the IMF is not the primary ve- will always stay steadfast and that have held fast as America and made hicle of the Greek bailout. If they can’t we’ll fight for those who cannot speak sure that we held up to the ideals of use that, they can use the Federal Re- and are yet unborn. what it is to be American, that is, the For you, Reverend Shuttlesworth, I ideals of equality and the ideals of de- serve Board, the Fed, which has the au- will be courageous enough to take mocracy. thority to provide foreign central whatever comes, whatever comes life’s I yield back the balance of my time. banks with an unlimited amount of dollars for an equivalent amount of way, whatever threatens my life, for it f currency. is important to note that there is IMF GREECE BAILOUT STRATEGY On September 11 of this year, Sep- something greater than life, and it is tember 11, 2011, this year, the Fed did to make sure that people have an op- The SPEAKER pro tempore (Mrs. HARTZLER). Under the Speaker’s an- just this. It swapped American dollars portunity. I hope someday we’ll have for euros in order to provide the Euro- the ability to bring this Nation to- nounced policy of January 5, 2011, the gentleman from Indiana (Mr. BURTON) pean Central Bank with liquidity to gether again and not be wallowing in calm capital markets. Now, I don’t the divisiveness of Tea Parties and is recognized for 60 minutes as the des- ignee of the majority leader. think I need to go into a great deal ‘‘No’’ parties and people who don’t rec- more detail other than to say the ognize what America is all about. Mr. BURTON of Indiana. Madam Speaker, this year we are going to go United States is about to be involved Reverend Shuttlesworth, you saw in bailing out Europe. only what was right and what was just. $1.6 trillion in debt. Most people can’t comprehend $1.6 trillion. It’s a lot of We do not have the money. I bless you, and will say to you that As I said at the beginning of my re- money. The national debt, we just you are a warrior that has fought a marks, we’re going to be $1.6 trillion found out recently, is going up to $15.1 good fight. Thank you for that fight. short this year. We’ve got a $15.1 tril- trillion. May you rest in peace. lion national debt, and it’s going up To your family, God bless you, and The reason I bring that up today, very rapidly. God bless this warrior, and God bless Madam Speaker, is because we’ve got If the Fed, our Treasury Department, the United States of America. terrible problems that we’re facing and the White House decide it’s going Ms. SEWELL. I would like to thank here at home, and there are terrible to try to bail out Europe, these coun- all of my colleagues for participating problems that are being faced in Eu- tries that are about to go belly up, it’s in this Special Order hour, celebrating rope. As a matter of fact, I was in going to cause even more economic the life and legacy of such a great Greece last week, and they’re cutting problems in America. We have 9.1 per- Alabaman, of such a great American, salaries in Greece by 40 percent. cent unemployment right now, and can Reverend Fred Lee Shuttlesworth. They’re cutting retirement benefits by you imagine, Madam Speaker, what To his family—his wife and children 40 percent. They’re cutting health ben- would happen if we started trying to and grandchildren—I want to say efits by a large amount, and they’re bail out Europe as well? We cannot and thank you on behalf of a grateful Na- raising taxes because that country is a we must not do that. tion for the sacrifices that you as a socialistic country and it’s about to go If I were talking to the President to- family had to make in order for this completely bankrupt. In addition to night, Madam Speaker, I would say, wonderful man to be able to lead a that, Italy has the same kind of prob- Mr. President, let’s deal with the prob- movement from Birmingham that af- lems, Spain has the same kinds of prob- lems we have here at home. Let’s don’t fected the whole world. lems, Portugal has the same kinds of take on more responsibilities that are I am eternally grateful, personally, problems, and Ireland is suffering from not of our doing. We should not try to for your friendship, Mrs. similar problems. prop up governments that have been Shuttlesworth, as well as for your en- Now, the reason I bring that up is be- socialistic for a long, long time to the during sacrifice. Know that we here in cause the United States is part of what point where they have to cut salaries Congress understand how important they call the International Monetary by 40 percent in order to try to keep his life’s work was, that we take seri- Fund. Most Americans don’t know, their country afloat. ously the mantle that he left behind— Madam Speaker, that we put 18 percent That’s a problem they created. We his commitment to equality, his com- of the money in the International Mon- have enough problems here at home, mitment to justice for all. I know I am etary Fund, into that fund to deal with and we shouldn’t be using American personally so grateful for the oppor- world financial problems. taxpayers’ dollars to try to bail out tunity to have met him before he died Now, the International Monetary European countries that have gone and to be able to tell him personally Fund, according to their European De- down the wrong path. thank you for what he did for me as a partment Director Antonio Borges, With that, I yield back the balance of little black girl, growing up in Selma, stated that ‘‘the IMF would definitely my time.

VerDate Mar 15 2010 02:41 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K06OC7.093 H06OCPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6670 CONGRESSIONAL RECORD — HOUSE October 6, 2011 LEAVE OF ABSENCE cy’s final rule — Approval and Promulgation 3395. A letter from the Assistant Secretary, of Air Quality Implementation Plans; Indi- Legislative Affairs, Deaprtment of State, By unanimous consent, leave of ab- ana; Redesignation of the Indianapolis Area transmitting Transmittal No. DDTC 11-104, sence was granted to: to Attainment of the 1997 Annual Standard pursuant to the reporting requirements of Mr. POE of Texas (at the request of for Fine Particulate Matter [EPA-R05-OAR- Section 36(c) of the Arms Export Control Mr. CANTOR) for today after 1 p.m. on 2009-0839; FRL-9469-6] received September 20, Act; to the Committee on Foreign Affairs. account of other district business. 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3396. A letter from the Assistant Secretary, Committee on Energy and Commerce. Legislative Affairs, Department of State, f 3387. A letter from the Director, Regu- ADJOURNMENT latory Management Division, Environmental transmitting Transmittal No. DDTC 11-116, Protection Agency, transmitting the Agen- pursuant to the reporting requirements of Mr. BURTON of Indiana. Madam cy’s final rule — Approval and Promulgation Section 36(c) of the Arms Export Control Speaker, I move that the House do now of Air Quality Implementation Plans; Mary- Act; to the Committee on Foreign Affairs. adjourn. land; Transportation Conformity Regula- 3397. A letter from the Assistant Secretary, The motion was agreed to; accord- tions [EPA-R03-OAR-2011-0631; FRL-9470-2] Legislative Affairs, Department of State, ingly (at 4 o’clock and 19 minutes received September 20, 2011, pursuant to 5 transmitting Transmittal No. DDTC 11-080, p.m.), under its previous order, the U.S.C. 801(a)(1)(A); to the Committee on En- pursuant to the reporting requirements of House adjourned until tomorrow, Fri- ergy and Commerce. Section 36(c) of the Arms Export Control day, October 7, 2011, at 10 a.m. 3388. A letter from the Director, Regu- Act; to the Committee on Foreign Affairs. latory Management Division, Environmental 3398. A letter from the Assistant Secretary, f Protection Agency, transmitting the Agen- Legislative Affairs, Department of State, EXECUTIVE COMMUNICATIONS, cy’s final rule — Approval and Promulgation transmitting Transmittal No. DDTC 11-103, ETC. of Air Quality Implementation Plans; North pursuant to the reporting requirements of Carolina: Clean Smokestacks Act [EPA-R04- Section 36(c) of the Arms Export Control Under clause 2 of rule XIV, executive OAR-2011-0386-201151; FRL-9471-1] received Act; to the Committee on Foreign Affairs. September 20, 2011, pursuant to 5 U.S.C. communications were taken from the 3399. A letter from the Assistant Secretary, 801(a)(1)(A); to the Committee on Energy and Speaker’s table and referred as follows: Legislative Affairs, Department of State, Commerce. 3380. A letter from the Director, Regu- 3389. A letter from the Director, Regu- transmitting Transmittal No. DDTC 11-102, latory Management Division, Environmental latory Management Division, Environmental pursuant to the reporting requirements of Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- Section 36(c) of the Arms Export Control cy’s final rule — Fluazifop-P-butyl; Pesticide cy’s final rule — Approval and Promulgation Act; to the Committee on Foreign Affairs. Tolerances [EPA-HQ-OPP-2010-0849; FRL- of Air Quality Implementation Plans; Dela- 3400. A letter from the Assistant Secretary, 8889-1] received September 20, 2011, pursuant ware; Requirements for Preconstruction Re- Legislative Affairs, Department of State, to 5 U.S.C. 801(a)(1)(A); to the Committee on view, Prevention of Significant Deteriora- transmitting Transmittal No. DDTC 11-095, Agriculture. tion [EPA-R03-OAR-2010-0770; FRL-9466-5] re- pursuant to the reporting requirements of 3381. A letter from the Director, Regu- ceived September 20, 2011, pursuant to 5 Section 36(c) of the Arms Export Control latory Management Division, Environmental U.S.C. 801(a)(1)(A); to the Committee on En- Act; to the Committee on Foreign Affairs. Protection Agency, transmitting the Agen- ergy and Commerce. cy’s final rule — Chlorantraniliprole; Pes- 3401. A letter from the Assistant Secretary, 3390. A letter from the Director, Regu- Legislative Affairs, Department of State, ticide Tolerances; Correction [EPA-HQ-OPP- latory Management Division, Environmental 2010-0888; FRL-8888-3] received September 20, transmitting Transmittal No. DDTC 11-088, Protection Agency, transmitting the Agen- pursuant to the reporting requirements of 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the cy’s final rule — Interim Final Determina- Committee on Agriculture. Section 36(d) of the Arms Export Control tion to Stay and Defer Sanctions, San Joa- Act; to the Committee on Foreign Affairs. 3382. A letter from the Director, Defense quin Valley Unified Air Pollution Control Procurement and Acquisition Policy, De- District [EPA-R09-OAR-2011-0789; FRL-9471-2] 3402. A letter from the Assistant Secretary, partment of Defense, transmitting the De- received September 20, 2011, pursuant to 5 Legislative Affairs, Department of State, partment’s final rule — Defense Federal Ac- U.S.C. 801(a)(1)(A); to the Committee on En- transmitting Transmittal No. DDTC 11-091, quisition Regulations Supplement; Material ergy and Commerce. pursuant to the reporting requirements of Inspection and Receiving Report (DFARS 3391. A letter from the Director, Regu- Section 36(d) of the Arms Export Control Case 2009-D023) received September 13, 2011, latory Management Division, Environmental Act; to the Committee on Foreign Affairs. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Protection Agency, transmitting the Agen- 3403. A letter from the Assistant Secretary, mittee on Armed Services. cy’s final rule — Mandatory Reporting of Legislative Affairs, Department of State, 3383. A letter from the Regulatory Spe- Greenhouse Gases: Changes to Provisions for transmitting Transmittal No. DDTC 11-074, cialist, LRAD, Department of the Treasury, Electronics Manufacturing (Subpart I) to pursuant to the reporting requirements of transmitting the Department’s final rule — Provide Flexibility [EPA-HQ-OAR-2009-0927; Section 36(d) of the Arms Export Control Retail Foreign Exchange Transactions FRL-9469-3](RIN: 2060-AR26) received Sep- Act; to the Committee on Foreign Affairs. [Docket ID: OCC-2011-0021] (RIN: 1557-AD42) tember 20, 2011, pursuant to 5 U.S.C. received September 13, 2011, pursuant to 5 3404. A letter from the Assistant Secretary, 801(a)(1)(A); to the Committee on Energy and Legislative Affairs, Department of State, U.S.C. 801(a)(1)(A); to the Committee on Fi- Commerce. nancial Services. 3392. A letter from the Director, Regu- transmitting Transmittal No. DDTC 11-067, 3384. A letter from the Director, Regu- latory Management Division, Environmental pursuant to the reporting requirements of latory Management Division, Environmental Protection Agency, transmitting the Agen- Section 36(d) of the Arms Export Control Protection Agency, transmitting the Agen- cy’s final rule — Mandatory Reporting of Act; to the Committee on Foreign Affairs. cy’s final rule — Approval and Promulgation Greenhouse Gases: Petroleum and Natural 3405. A letter from the Assistant Secretary, of Air Quality Implementation Plans; Dis- Gas Systems: Revisions to Best Available Legislative Affairs, Department of State, trict of Columbia, Maryland, and Virginia; Monitoring Method Provisions [EPA-HQ- transmitting Transmittal No. DDTC 11-089, 2002 Base Year Emission Inventory, Reason- OAR-2011-0417; FRL-9469-4] (RIN: 2060-AP99) pursuant to the reporting requirements of able Further Progress Plan, Contingency received September 20, 2011, pursuant to 5 Section 36(d) of the Arms Export Control Measures, Reasonably Available Control U.S.C. 801(a)(1)(A); to the Committee on En- Act; to the Committee on Foreign Affairs. Measures, and Transportation Conformity ergy and Commerce. 3406. A letter from the Assistant Secretary, Budgets for the Washington, DC 1997 8-Hour 3393. A letter from the Director, Regu- Legislative Affairs, Department of State, Moderate Ozone Nonattainment Area [EPA- latory Management Division, Environmental transmitting Transmittal No. DDTC 11-107, R03-OAR-2010-0475; FRL-9466-6] received Sep- Protection Agency, transmitting the Agen- pursuant to the reporting requirements of tember 20, 2011, pursuant to 5 U.S.C. cy’s final rule — Revisions to the California Section 36(d) of the Arms Export Control 801(a)(1)(A); to the Committee on Energy and State Implementation Plan, Sacramento Act; to the Committee on Foreign Affairs. Commerce. Metropolitan Air Quality Management Dis- 3385. A letter from the Director, Regu- trict, Ventura County Air Pollution Control 3407. A letter from the Assistant Secretary, latory Management Division, Environmental District, and Placer County Air Pollution Legislative Affairs, Department of State, Protection Agency, transmitting the Agen- Control District [EPA-R09-OAR-2011-0580; transmitting Transmittal No. DDTC 11-069, cy’s final rule — Approval and Promulgation FRL-9468-2] received September 20, 2011, pur- pursuant to the reporting requirements of of Air Quality Implementation Plans; Indi- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Section 36(c) and 36(d) of the Arms Export ana; Redesignation of the Evansville Area to mittee on Energy and Commerce. Control Act; to the Committee on Foreign Attainment of the Fine Particulate Matter 3394. A letter from the Director, Office of Affairs. Standard [EPA-R05-OAR-2008-0396; FRL-9469- Congressional Affairs, Nuclear Regulatory 3408. A letter from the President, Senate of 5] received September 20, 2011, pursuant to 5 Commission, transmitting the Commission’s Puerto Rico, transmitting a letter request- U.S.C. 801(a)(1)(A); to the Committee on En- final rule — Abnormal Occurrence Reporting ing an in-depth investigation related to the ergy and Commerce. Procedure and Handbook (MD 8.1) received handling of political, business and financial 3386. A letter from the Director, Regu- September 23, 2011, pursuant to 5 U.S.C. corruption by federal law enforcement agen- latory Management Division, Environmental 801(a)(1)(A); to the Committee on Energy and cies in Puerto Rico; to the Committee on the Protection Agency, transmitting the Agen- Commerce. Judiciary.

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3409. A letter from the Secretary, Depart- Mrs. MILLER of Michigan, Mr. BILI- H.R. 3124. A bill to amend the Federal Ad- ment of Health and Human Services, trans- RAKIS, Mr. MEEHAN, Mr. LONG, Mr. visory Committee Act to increase the trans- mitting the Department’s report on the Fis- MARINO, Mr. QUAYLE, Mr. RIGELL, Mr. parency of Federal advisory committees, and cal Year 2008 Low Income Home Energy As- WALBERG, and Mr. TURNER of New for other purposes; to the Committee on sistance Program in accordance with section York): Oversight and Government Reform, and in 2610 of the Omnibus Budget Reconciliation H.R. 3116. A bill to authorize certain pro- addition to the Committee on Ways and Act (OBRA) of 1981, as amended; jointly to grams of the Department of Homeland Secu- Means, for a period to be subsequently deter- the Committees on Energy and Commerce rity, and for other purposes; to the Com- mined by the Speaker, in each case for con- and Education and the Workforce. mittee on Homeland Security. sideration of such provisions as fall within By Mr. WITTMAN (for himself and Mr. the jurisdiction of the committee concerned. f KIND): By Mr. CAMPBELL (for himself, Mr. REPORTS OF COMMITTEES ON H.R. 3117. A bill to grant the Secretary of LEWIS of California, and Mr. CAL- PUBLIC BILLS AND RESOLUTIONS the Interior permanent authority to author- VERT): ize States to issue electronic duck stamps, H.R. 3125. A bill to establish a program to Under clause 2 of rule XIII, reports of and for other purposes; to the Committee on provide guarantees for debt issued by or on committees were delivered to the Clerk Natural Resources. behalf of State catastrophe insurance pro- for printing and reference to the proper By Mr. FARENTHOLD (for himself, grams to assist in the financial recovery calendar, as follows: Mr. FLORES, Mr. COFFMAN of Colo- from earthquakes, earthquake-induced land- Mr. CAMP: Committee on Ways and rado, Mr. KINGSTON, Mr. PAUL, Mr. slides, volcanic eruptions, and tsunamis; to Means. H.R. 3078. A bill to implement the KELLY, Mr. NUNNELEE, Mr. HARRIS, the Committee on Financial Services. United States-Colombia Trade Promotion and Mr. MULVANEY): By Mr. GEORGE MILLER of California H.R. 3118. A bill to direct the Federal Com- Agreement (Rept. 112–237). Referred to the (for himself and Mrs. MCCARTHY of munications Commission to revisit the uni- Committee of the Whole House on the state New York): versal service support program under section H.R. 3126. A bill to require certain stand- of the Union. 254 of the Communications Act of 1934 to re- ards and enforcement provisions to prevent Mr. CAMP: Committee on Ways and duce waste, fraud, and abuse, and for other child abuse and neglect in residential pro- Means. H.R. 3079. A bill to implement the purposes; to the Committee on Energy and grams, and for other purposes; to the Com- United States-Panama Trade Promotion Commerce. mittee on Education and the Workforce. Agreement (Rept. 112–238). Referred to the By Ms. ZOE LOFGREN of California By Mr. POSEY (for himself, Ms. FOXX, Committee of the Whole House on the state (for herself and Mr. GUTIERREZ): Mr. OLSON, Mr. PAUL, Mr. AUSTIN of the Union. H.R. 3119. A bill to amend the Immigration SCOTT of Georgia, Mr. FLORES, and Mr. CAMP: Committee on Ways and and Nationality Act to remove the per-coun- Mr. MULVANEY): Means. H.R. 3080. A bill to implement the try limitation on employment-based immi- H.R. 3127. A bill to prohibit the payment of United States-Korea Free Trade Agreement grant visas, to adjust the per-country limita- death gratuities to the surviving heirs of de- (Rept. 112–239). Referred to the Committee of tion on family-sponsored immigrant visas, ceased Members of Congress; to the Com- the Whole House on the state of the Union. and for other purposes; to the Committee on mittee on House Administration. Mr. DREIER: Committee on Rules. House the Judiciary. By Mr. GRIMM (for himself, Mrs. Resolution 425. Resolution providing for con- By Ms. ZOE LOFGREN of California: MALONEY, Mr. KING of New York, Mr. sideration of the Senate amendment to the H.R. 3120. A bill to amend the Immigration MEEKS, Ms. HAYWORTH, and Mrs. bill (H.R. 2832) to extend the Generalized and Nationality Act to require accreditation MCCARTHY of New York): System of Preferences, and for other pur- of certain educational institutions for pur- H.R. 3128. A bill to amend the Dodd-Frank poses; providing for consideration of the bill poses of a nonimmigrant student visa, and Wall Street Reform and Consumer Protec- (H.R. 3078) to implement the United States- for other purposes; to the Committee on the tion Act to adjust the date on which consoli- Columbia Trade Promotion Agreement; pro- Judiciary. dated assets are determined for purposes of viding for consideration of the bill (H.R. 3079) By Mr. BARROW: exempting certain instruments of smaller in- to implement the United States-Panama H.R. 3121. A bill to require congressional stitutions from capital deductions; to the Trade Promotion Agreement; and providing approval for certain obligations exceeding Committee on Financial Services. for consideration of the bill (H.R. 3080) to im- $100,000,000; to the Committee on Oversight By Mr. BACA: plement the United States-Korea Free Trade and Government Reform, and in addition to H.R. 3129. A bill to establish the Family Agreement (Rept. 112–240). Referred to the the Committee on Rules, for a period to be Foreclosure Rescue Corporation to provide House Calendar. subsequently determined by the Speaker, in emergency relief to refinance home mort- Mr. MILLER of Florida: Committee on each case for consideration of such provi- gages of homeowners in foreclosure or de- Veterans’ Affairs. H.R. 2349. A bill to amend sions as fall within the jurisdiction of the fault; to the Committee on Financial Serv- title 38, United States Code, to direct the committee concerned. ices, and in addition to the Committee on Secretary of Veterans Affairs to annually as- By Mr. HANNA (for himself and Ms. Ways and Means, for a period to be subse- sess the skills of certain employees and man- EDWARDS): quently determined by the Speaker, in each agers of the Veterans Benefits Administra- H.R. 3122. A bill to amend titles 23 and 49, case for consideration of such provisions as tion, and for other purposes; with amend- United States Code, to establish procedures fall within the jurisdiction of the committee ment (Rept. 112–241). Referred to the Com- to advance the use of cleaner construction concerned. mittee of the Whole House on the state of equipment on Federal-aid highway and pub- By Mrs. BACHMANN (for herself, Mr. the Union. lic transportation construction projects, to GIBBS, Mr. FRANKS of Arizona, Mr. f make the acquisition and installation of GOHMERT, Mr. JONES, Mr. HUIZENGA emission control technology an eligible ex- of Michigan, Mr. SMITH of New Jer- PUBLIC BILLS AND RESOLUTIONS pense in carrying out such projects, and for sey, Mr. JOHNSON of Ohio, Mrs. Under clause 2 of rule XII, public other purposes; to the Committee on Trans- SCHMIDT, Mr. BURTON of Indiana, Mr. bills and resolutions of the following portation and Infrastructure, and in addition AUSTRIA, Mr. KING of Iowa, Mr. titles were introduced and severally re- to the Committee on Energy and Commerce, MCKINLEY, Mr. BUCSHON, Mr. LAM- for a period to be subsequently determined BORN, Mr. SCALISE, Mr. KELLY, Mr. ferred, as follows: by the Speaker, in each case for consider- WESTMORELAND, Mr. BILIRAKIS, Mr. By Ms. VELA´ ZQUEZ: ation of such provisions as fall within the ju- LATTA, Mrs. ELLMERS, Mr. MCCOT- H.R. 3114. A bill to provide grants for Civic risdiction of the committee concerned. TER, Mr. HARRIS, Mr. BRADY of Texas, Justice Corps programs for court-involved, By Mr. TIBERI (for himself, Mr. LAR- Mr. LONG, Mr. CRAVAACK, Mr. BOU- previously incarcerated, and otherwise dis- SON of Connecticut, Mr. REICHERT, STANY, Mr. MILLER of Florida, Mr. advantaged youth and young adults; to the Mr. PETERS, and Mr. LEVIN): PALAZZO, and Mr. FLEMING): Committee on Education and the Workforce. H.R. 3123. A bill to amend the Internal Rev- H.R. 3130. A bill to ensure that women By Mr. COFFMAN of Colorado: enue Code of 1986 to allow for annual elec- seeking an abortion receive an ultrasound H.R. 3115. A bill to prohibit non-security tions to accelerate AMT credits in lieu of and an opportunity to review the ultrasound assistance to Pakistan, and for other pur- bonus depreciation; to the Committee on before giving informed consent to receive an poses; to the Committee on Foreign Affairs, Ways and Means. abortion; to the Committee on Energy and and in addition to the Committee on Agri- By Mr. CLAY (for himself, Mr. CUM- Commerce. culture, for a period to be subsequently de- MINGS, Mr. TOWNS, Mrs. MALONEY, By Mr. BILIRAKIS (for himself, Mr. termined by the Speaker, in each case for Ms. NORTON, Mr. KUCINICH, Mr. TIER- ENGEL, Ms. ROS-LEHTINEN, Mrs. consideration of such provisions as fall with- NEY, Mr. LYNCH, Mr. COOPER, Mr. MALONEY, Mr. SARBANES, Ms. BERK- in the jurisdiction of the committee con- CONNOLLY of Virginia, Mr. QUIGLEY, LEY, Mr. CARTER, Mr. FRELING- cerned. Mr. DAVIS of Illinois, Mr. BRALEY of HUYSEN, Mr. YOUNG of Florida, Mr. By Mr. KING of New York (for himself, Iowa, Mr. WELCH, Mr. YARMUTH, Mr. GRIMM, Mr. DIAZ-BALART, Mr. ROTH- Mr. DANIEL E. LUNGREN of California, MURPHY of Connecticut, and Ms. MAN of New Jersey, Mr. ROSKAM, and Mr. ROGERS of Alabama, Mr. MCCAUL, SPEIER): Mr. SIRES):

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A bill to amend the Internal Rev- By Mr. KING of New York: gratitude to the government of Greece for enue Code of 1986 to provide for the creation H.R. 3116. preventing the Gaza flotilla from setting sail of disaster protection funds in the District of Congress has the power to enact this legis- in contravention of Israel’s legal blockade of Columbia by property and casualty insur- lation pursuant to the following: Gaza, and for other purposes; to the Com- ance companies for the payment of policy- Article I, Section 8, Clause 1 mittee on Foreign Affairs, and in addition to holders’ claims arising from natural cata- The Congress shall have Power to lay and the Committee on the Judiciary, for a period strophic events; to the Committee on Ways collect Taxes, Duties, Imposts and Excises, to be subsequently determined by the Speak- and Means. to pay the Debts and provide for the common er, in each case for consideration of such pro- By Ms. SPEIER (for herself and Mr. Defence and general Welfare of the United visions as fall within the jurisdiction of the MEEHAN): States; but all Duties, Imposts and Excises committee concerned. H.R. 3140. A bill to amend the Homeland shall be uniform throughout the United By Ms. CHU: Security Act of 2002 to direct the Secretary States. H.R. 3132. A bill to extend the authoriza- of Homeland Security to prioritize the as- Article I, Section 8, Clause 18 tion period for certain uses of funds from the signment of officers and analysts to certain The Congress shall have Power to make all San Gabriel Basin Restoration Fund; to the State and urban area fusion centers to en- Laws which shall be necessary and proper for Committee on Natural Resources. hance the security of mass transit systems; carrying into Execution the forgoing Powers, By Mrs. DAVIS of California: to the Committee on Homeland Security. and all other Powers vested by this Constitu- H.R. 3133. A bill to amend titles 28 and 10, By Mr. WELCH (for himself and Mr. tion in the Government of the United States United States Code, to allow for certiorari DAVIS of Kentucky): or in any Department of Officer thereof. review of certain cases denied relief or re- H.R. 3141. A bill to amend the Public By Mr. WITTMAN: view by the United States Court of Appeals Health Service Act to revise the amount of H.R. 3117. for the Armed Forces; to the Committee on minimum allotments under the Projects for Congress has the power to enact this legis- the Judiciary. Assistance in Transition from Homelessness lation pursuant to the following: By Ms. DELAURO (for herself, Mr. KIL- program; to the Committee on Energy and Article I, Section 8, Clause 3 of the Con- DEE, Mr. MURPHY of Connecticut, Mr. Commerce. stitution of the United States. JACKSON of Illinois, Ms. LEE of Cali- By Mr. YOUNG of Alaska: By Mr. FARENTHOLD: fornia, Ms. RICHARDSON, Mr. PRICE of H.R. 3142. A bill to amend the Internal Rev- H.R. 3118. North Carolina, Mrs. NAPOLITANO, enue Code of 1986 to provide tax incentives Congress has the power to enact this legis- Mr. RYAN of Ohio, Mr. CONYERS, Mr. for the donation of wild game meat; to the lation pursuant to the following: LARSON of Connecticut, and Ms. Committee on Ways and Means. Article 1, Section 8 MOORE): By Mr. MCGOVERN: By Ms. ZOE LOFGREN of California: H.R. 3134. A bill to amend the Child Care H.J. Res. 80. A joint resolution limiting the H.R. 3119. and Development Block Grant Act of 1990 to issuance of a letter of offer with respect to a Congress has the power to enact this legis- include providing diapers and diapering sup- certain proposed sale of defense articles and lation pursuant to the following: plies among the activities for which funds defense services to the Kingdom of Bahrain; Article I, Section 8, Clause 4 of the Con- may be employed to improve the quality of to the Committee on Foreign Affairs. and access to child care; to the Committee stitution. By Ms. CLARKE of New York (for her- on Education and the Workforce. By Ms. ZOE LOFGREN of California: self, Mr. RANGEL, Mr. TOWNS, and By Mr. DUNCAN of South Carolina (for H.R. 3120. Mrs. CHRISTENSEN): Congress has the power to enact this legis- himself, Mr. HUELSKAMP, Mr. PAUL, H. Res. 426. A resolution recognizing the lation pursuant to the following: Mr. WILSON of South Carolina, Mr. impact of Mr. Hulbert James on politics, Article I, Section 8, Clause 4 of the Con- JONES, Mr. MULVANEY, Mr. FRANKS of urban development, and New York City, and stitution. Arizona, Mr. YODER, Mr. AMASH, Mr. paying tribute to Mr. James for his lifetime By Mr. BARROW: BROOKS, Mr. FLORES, Mrs. BLACK- of public service; to the Committee on Fi- H.R. 3121. BURN, Mr. PITTS, Mr. COLE, Mr. nancial Services. Congress has the power to enact this legis- RIBBLE, Mr. BARTLETT, Mr. By Mr. HUNTER (for himself and Mr. lation pursuant to the following: SCHWEIKERT, Mr. MANZULLO, Mr. RUPPERSBERGER): Art. I. Sec. 9, Cl. 7 (no spending ‘‘but in GOSAR, Mr. ROSS of Florida, Ms. JEN- H. Res. 427. A resolution supporting the Consequence of Appropriations made by KINS, and Mr. BERG): goals and ideals of Red Ribbon Week; to the Law’’). H.R. 3135. A bill to amend the provisions of Committee on Energy and Commerce. title 40, United States Code, commonly By Mr. HANNA: By Mr. RANGEL (for himself, Mr. known as the Davis-Bacon Act, to raise the H.R. 3122. TOWNS, Mr. PIERLUISI, Mr. SERRANO, threshold dollar amount of contracts subject Congress has the power to enact this legis- Mr. MEEKS, Mr. MORAN, Ms. CLARKE to the prevailing wage requirements of such lation pursuant to the following: of New York, Mr. CROWLEY, and Mr. provisions; to the Committee on Education This bill is enacted pursuant to Section 8 and the Workforce. GRIMM): of Article I of the United States Constitu- H. Res. 428. A resolution recognizing the By Mr. FORBES: tion. H.R. 3136. A bill to provide for rates of pay importance of acknowledging the contribu- By Mr. TIBERI: for Members of Congress to be adjusted as a tions of Dominican-Americans to the United H.R. 3123. function of changes in Government spending; States; to the Committee on Oversight and Congress has the power to enact this legis- to the Committee on House Administration, Government Reform. lation pursuant to the following: and in addition to the Committee on Over- f This bill makes changes to existing law re- sight and Government Reform, for a period lating to Article 1, Section 7 which provides to be subsequently determined by the Speak- CONSTITUTIONAL AUTHORITY that ‘‘All bills for raising Revenue shall er, in each case for consideration of such pro- STATEMENT originate in the House of Representatives.’’ visions as fall within the jurisdiction of the Pursuant to clause 7 of rule XII of By Mr. CLAY: committee concerned. the Rules of the House of Representa- H.R. 3124. By Mr. GARRETT: tives, the following statements are sub- Congress has the power to enact this legis- H.R. 3137. A bill to permit small business lation pursuant to the following: concerns operating in the United States to mitted regarding the specific powers Article I, Section 8, Clause 18 of the Con- elect to be exempt from certain Federal granted to Congress in the Constitu- stitution of the United States grants the rules and regulations, and for other pur- tion to enact the accompanying bill or Congress the power to enact this law. poses; to the Committee on Small Business. joint resolution. By Mr. CAMPBELL: By Ms. ZOE LOFGREN of California By Ms. VELA´ ZQUEZ: H.R. 3125. (for herself, Mr. DEFAZIO, Mr. H.R. 3114. Congress has the power to enact this legis- PIERLUISI, Mr. MCGOVERN, Mr. RYAN Congress has the power to enact this legis- lation pursuant to the following: of Ohio, Mr. CICILLINE, Mr. CARNA- lation pursuant to the following: Clause 3 of section 8 of article I of the Con- HAN, Mr. LEVIN, Mr. DINGELL, Ms. Article I, Section 8, Clause 1. The Congress stitution of the United States. KAPTUR, Ms. RICHARDSON, Mr. LATOU- shall have Power To lay and collect Taxes, By Mr. GEORGE MILLER of Cali- RETTE, Ms. MOORE, Mr. FILNER, Mr. Duties, Imposts and Excises, to pay the fornia: NADLER, Mr. LUJA´ N, Mr. WELCH, and Debts and provide for the common Defense H.R. 3126. Ms. EDDIE BERNICE JOHNSON of and general Welfare of the United Congress has the power to enact this legis- Texas): States . . .’’ lation pursuant to the following:

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Article I, Section 8, Clause 1, 3, 18 of the clause 17 of section 8 of article I of the H.R. 1193: Mr. MEEKS and Mr. GIBSON. U.S. Constitution; Article I, Section 9, Constitution. H.R. 1236: Ms. MCCOLLUM, Mr. LARSEN of Clause 7 of the U.S. Constitution. By Ms. SPEIER: Washington, Mr. CLAY, and Mr. MORAN. By Mr. POSEY: H.R. 3140. H.R. 1265: Mr. SCHILLING and Mr. NUNES. H.R. 3127. Congress has the power to enact this legis- H.R. 1288: Mrs. MALONEY, Mr. STARK, and Congress has the power to enact this legis- lation pursuant to the following: Ms. WOOLSEY. lation pursuant to the following: The Constitution including Article I, Sec- H.R. 1327: Mr. MCKINLEY, Mr. ENGEL, and Article I, Section 8, Clause 1 tion 8. Mr. STARK. By Mr. GRIMM: By Mr. WELCH: H.R. 1332: Mr. MURPHY of Connecticut, Mr. H.R. 3128. H.R. 3141. THOMPSON of California, Mr. ROYCE, Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- MANZULLO, and Mr. MCGOVERN. lation pursuant to the following: lation pursuant to the following: H.R. 1340: Ms. PINGREE of Maine. Article I, Section 8, Clause 3 Article 1, Section 8, Clause 18, the power to H.R. 1348: Ms. RICHARDSON. By Mr. BACA: make laws which shall be necessary and H.R. 1351: Mr. JOHNSON of Ohio and Mr. H.R. 3129. proper for carrying into execution the fore- REED. Congress has the power to enact this legis- going powers, and all other powers vested by H.R. 1370: Mr. ROGERS of Alabama and Mr. lation pursuant to the following: this Constitution in the Government of the COBLE. Article I, Section 8, Clause 3 United States. By Mrs. BACHMANN: By Mr. YOUNG of Alaska: H.R. 1443: Mr. LATHAM. Congress has the power to enact this legis- H.R. 3142. H.R. 1457: Mr. ISRAEL. lation pursuant to the following: Congress has the power to enact this legis- H.R. 1509: Mr. BARTON of Texas. As human beings capable of exhibiting lation pursuant to the following: H.R. 1541: Mr. BROUN of Georgia, Mr. ROE of detectible heartbeats through the most mod- Clause 1 of section 8 of article I of the Con- Tennessee, Mr. POSEY, and Mr. SCALISE. ern medical technology, the unborn are stitution H.R. 1546: Mr. NUNNELEE, Mr. LEVIN, Mr. granted the right to due process under Sec- By Mr. MCGOVERN: KING of New York, Mr. BISHOP of New York, tion 1 of the 14th Amendment of the United H.J. Res. 80. Ms. HAHN, Mr. TOWNS, Mr. CHANDLER, and States Constitution which explicitly states, Congress has the power to enact this legis- Mr. QUIGLEY. ‘‘no state shall make or enforce any law lation pursuant to the following: H.R. 1558: Mr. WOMACK and Mrs. HARTZLER. which shall abridge the privileges or immu- U.S. Constitution, Article I, Section 8, au- H.R. 1578: Mr. OWENS. nities of citizens of the United States; nor thorizes the Congress: H.R. 1585: Mr. FRANKS of Arizona, Mr. shall any State deprive any person of life, 1) ‘‘to provide for the common Defence and RIBBLE, and Mr. SOUTHERLAND. liberty, or property, without due process of general Welfare of the United States,’’ and H.R. 1609: Mr. BROOKS and Mr. SHIMKUS. law; nor deny to any person within its juris- 2) ‘‘to make all Laws which shall be nec- H.R. 1616: Mr. JACKSON of Illinois. diction the equal protection of the laws.’’ essary and proper for carrying into Execu- H.R. 1639: Mr. BASS of New Hampshire, Mr. By Mr. BILIRAKIS: tion the foregoing Powers.’’ KELLY, Mr. OLSON, Mr. YOUNG of Alaska, and H.R. 3131. Mr. HULTGREN. Congress has the power to enact this legis- f H.R. 1675: Mr. ROSKAM and Mr. KING of New lation pursuant to the following: ADDITIONAL SPONSORS This bill is enacted pursuant to Article I, York. Section 8, Clause 10 of the Constitution of Under clause 7 of rule XII, sponsors H.R. 1676: Ms. SPEIER and Mr. MARKEY. the United States and Article I, Section 8, were added to public bills and resolu- H.R. 1723: Mr. ROSS of Florida. Clause 18 of the Constitution of the United tions as follows: H.R. 1737: Mr. NUNNELEE and Mr. SAM JOHNSON of Texas. States. H.R. 23: Mr. SIRES, Mr. RANGEL, and Ms. H.R. 1744: Mr. MACK. By Ms. CHU: HAHN. H.R. 3132. H.R. 1769: Mr. MARCHANT. H.R. 49: Mr. NUNES and Mr. RIGELL. Congress has the power to enact this legis- H.R. 1776: Ms. HIRONO. H.R. 57: Mr. CASSIDY and Ms. HAYWORTH. lation pursuant to the following: H.R. 1781: Ms. EDWARDS, Ms. CASTOR of H.R. 58: Mr. MCCLINTOCK. Clause 1, Section 8, Article 1 of the Con- Florida, Mr. PAYNE, Mr. RICHMOND, Mr. H.R. 115: Mr. PRICE of North Carolina. stitution. DOYLE, and Mr. YARMUTH. H.R. 265: Mr. JACKSON of Illinois and Mr. By Mrs. DAVIS of California: FARR. H.R. 1815: Mr. TURNER of Ohio. H.R. 3133. H.R. 266: Mr. JACKSON of Illinois and Mr. H.R. 1862: Mr. FRANK of Massachusetts, Mr. Congress has the power to enact this legis- FARR. MCGOVERN, and Mr. JACKSON of Illinois. lation pursuant to the following: H.R. 267: Mr. JACKSON of Illinois and Mr. H.R. 1904: Mr. LUETKEMEYER. Article I, Section 8, Clause 1 FARR. H.R. 1953: Mr. HINCHEY. By Ms. DELAURO: H.R. 1968: Ms. HAYWORTH. H.R. 3134. H.R. 324: Ms. RICHARDSON. H.R. 1996: Mr. CRAWFORD. Congress has the power to enact this legis- H.R. 329: Mr. BACA. H.R. 2016: Mrs. CHRISTENSEN and Ms. lation pursuant to the following: H.R. 360: Mr. KINGSTON. Article I, Section 8, Clause 1 of the United H.R. 361: Mr. DUNCAN of South Carolina. SLAUGHTER. States Constitution H.R. 420: Mr. POMPEO, Mrs. BACHMANN, and H.R. 2020: Mr. LATHAM and Mr. PLATTS. By Mr. DUNCAN of South Carolina: Mr. MCCLINTOCK. H.R. 2033: Mr. FRANK of Massachusetts. H.R. 3135. H.R. 494: Mr. JACKSON of Illinois. H.R. 2040: Ms. JENKINS. Congress has the power to enact this legis- H.R. 607: Ms. NORTON. H.R. 2059: Ms. ROS-LEHTINEN, Mrs. BACH- lation pursuant to the following: H.R. 674: Mr. SAM JOHNSON of Texas, Mr. MANN, Mr. MURPHY of Pennsylvania, Mrs. Because this legislation adjusts the for- GALLEGLY, Mrs. CAPPS, and Mr. BERG. MCMORRIS RODGERS, and Ms. BUERKLE. mula the federal government uses to spend H.R. 676: Ms. NORTON and Mr. GUTIERREZ. H.R. 2085: Mr. HEINRICH, Mr. PASTOR of Ari- money on federal contracts, it is authorized H.R. 719: Mr. PIERLUISI. zona, and Ms. HAHN. by the Constitution under Article 1, Section H.R. 721: Mr. COFFMAN of Colorado. H.R. 2161: Mr. SMITH of Washington. 8, Clause 1, which grants Congress its spend- H.R. 750: Mr. SCHWEIKERT. H.R. 2195: Mr. REHBERG. OSS ing power. H.R. 805: Mr. R of Arkansas. H.R. 2207: Mr. OLVER. H.R. 807: Ms. MCCOLLUM and Mr. PETERSON. By Mr. FORBES: H.R. 2223: Mr. LIPINSKI and Mr. DONNELLY H.R. 3136. H.R. 812: Ms. ROYBAL-ALLARD, Mr. LATHAM, of Indiana. and Mr. ELLISON. Congress has the power to enact this legis- H.R. 2236: Ms. SUTTON. H.R. 822: Mr. HASTINGS of Washington. lation pursuant to the following: H.R. 2239: Mr. GALLEGLY. H.R. 835: Mr. JACKSON of Illinois and Mr. Article I, Sec. 6 and Amendment XXVII H.R. 2245: Mr. ROSS of Florida and Mr. LEVIN. By Mr. GARRETT: YOUNG of Florida. H.R. 3137. H.R. 886: Mr. JONES, Mr. CULBERSON, Mr. H.R. 2247: Mr. LARSEN of Washington. Congress has the power to enact this legis- CALVERT, Mr. SOUTHERLAND, Mr. MEEHAN, H.R. 2272: Mr. RAHALL. lation pursuant to the following: Mr. SCHILLING, Mr. RIBBLE, Mr. YOUNG of In- Article I, Section 8, Clause 3 diana, Mr. TURNER of New York, and Mr. H.R. 2297: Mr. CALVERT. By Ms. ZOE LOFGREN of California: STIVERS. H.R. 2299: Mr. SCHILLING. H.R. 3138. H.R. 892: Ms. JENKINS. H.R. 2304: Mr. BARROW. Congress has the power to enact this legis- H.R. 991: Mr. FLEISCHMANN. H.R. 2357: Mr. CAPUANO. lation pursuant to the following: H.R. 1041: Ms. WILSON of Florida. H.R. 2362: Mr. HONDA. Article I, Section 8, Clauses 1, 3, and 18. H.R. 1084: Mr. FATTAH. H.R. 2369: Mr. TIERNEY, Mr. SULLIVAN, Ms. By Ms. NORTON: H.R. 1116: Mr. LARSEN of Washington. GRANGER, Ms. LEE of California, Mr. GARD- H.R. 3139. H.R. 1161: Mr. PEARCE. NER, Mr. WHITFIELD, and Mrs. ROBY. Congress has the power to enact this legis- H.R. 1179: Mr. GARY G. MILLER of Cali- H.R. 2376: Mr. DOLD, Mr. REED, Mrs. lation pursuant to the following: fornia and Mr. THORNBERRY. BIGGERT, Mr. BILBRAY, Mr. BASS of New

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Hampshire, Mr. HANNA, Mr. GENE GREEN of H.R. 2672: Mr. MEEHAN. H.R. 3046: Mr. MICHAUD, Mr. LUJA´ N, Ms. Texas, Ms. BALDWIN, Mrs. CAPPS, Mr. CARNA- H.R. 2688: Mr. NADLER. RICHARDSON, and Mr. HOLT. HAN, Mr. PERLMUTTER, and Mr. LANGEVIN. H.R. 2705: Mr. HIMES, Ms. NORTON, Mr. H.R. 3054: Ms. SCHAKOWSKY, Mr. KUCINICH, H.R. 2377: Mr. CARNAHAN. QUIGLEY, Mr. PASTOR of Arizona, Mr. TOWNS, Mr. ELLISON, and Mr. JOHNSON of Georgia. Mr. WAXMAN, Mr. FRANK of Massachusetts, H.R. 2443: Mr. WELCH. H.R. 3056: Ms. SCHAKOWSKY, Mr. KUCINICH, H.R. 2447: Mr. SMITH of Washington, Mr. Mr. FARR, Mr. DAVIS of Illinois, and Mrs. Mr. ELLISON, and Mr. JOHNSON of Georgia. PETERS, Mr. LEVIN, Mr. YARMUTH, Mr. LAM- MALONEY. H.R. 3059: Mr. LANKFORD, Mr. LUETKE- BORN, Mr. CHANDLER, Mrs. ADAMS, Mr. AN- H.R. 2830: Ms. FUDGE, Mr. FILNER, Mr. MEYER, and Ms. JACKSON LEE of Texas. DREWS, Mr. HINOJOSA, Mr. HOLDEN, Mr. JOHNSON of Ohio, Mr. POE of Texas, Mr. H.R. 3061: Mr. KING of New York and Mr. MCDERMOTT, Mr. OLVER, Mr. POSEY, Mr. WELCH, and Mr. SHERMAN. LOBIONDO. QUIGLEY, Mr. ROTHMAN of New Jersey, Mr. H.R. 2835: Mr. HASTINGS of Florida. H.R. 2836: Mr. HASTINGS of Florida. HOYER, Ms. MATSUI, Mr. GEORGE MILLER of H.R. 3066: Mr. LANDRY. H.R. 2837: Mr. HASTINGS of Florida. California, Mr. GARAMENDI, Ms. ESHOO, Mr. H.R. 3074: Mr. BENISHEK. H.R. 2842: Mr. COSTA. FARR, Mr. SHERMAN, Ms. ROYBAL-ALLARD, H.R. 2864: Mr. SERRANO, Ms. ESHOO, Mr. H.R. 3086: Mr. HARPER. Ms. DEGETTE, Mr. CARNEY, Ms. CASTOR of MCCOTTER, Mr. RUSH, Mr. JOHNSON of Ohio, H.R. 3088: Mr. MCGOVERN, Mr. HONDA, and Florida, Ms. HANABUSA, Mr. KEATING, Mr. and Mr. KISSELL. Ms. CLARKE of New York. KILDEE, Mr. ELLISON, Mr. PETERSON, Mr. H.R. 2866: Mr. DONNELLY of Indiana and Mr. H.R. 3090: Mr. PITTS, Mr. FRANKS of Ari- PALLONE, Mr. CICILLINE, and Mr. AUSTIN PLATTS. zona, and Mr. CHAFFETZ. SCOTT of Georgia. H.R. 2897: Mr. CRAWFORD. H.R. 3094: Mr. PLATTS. H.R. 2461: Mr. LATHAM. H.R. 2898: Mr. ISSA and Mr. GARRETT. H.R. 3096: Mr. ROONEY. H.R. 2471: Mr. LANCE and Mr. KINZINGER of H.R. 2918: Mr. BILIRAKIS, Mr. MARINO, Mr. H.R. 3099: Mr. BURTON of Indiana. Illinois. LONG, and Mr. COFFMAN of Colorado. H.R. 2477: Mr. CHANDLER. H.R. 2920: Ms. NORTON, Mr. TOWNS, Ms. H.J. Res. 28: Mr. QUIGLEY, Mr. CLARKE of H.R. 2492: Ms. BALDWIN and Mr. STARK. RICHARDSON, Ms. CLARKE of New York, Ms. Michigan, Ms. CLARKE of New York, Mr. H.R. 2508: Mr. BACA and Mr. VAN HOLLEN. WOOLSEY, Mr. HINCHEY, Mr. FILNER, Mrs. MEEKS, Ms. EDWARDS, Mr. RICHMOND, and Mr. H.R. 2514: Mr. GARDNER and Mr. DUFFY. MILLER of Michigan, and Mr. RUSH. AL GREEN of Texas. H.R. 2528: Mr. POE of Texas and Mr. BUR- H.R. 2939: Mr. STARK. H. Con. Res. 39: Mr. RUNYAN and Mr. POE of GESS. H.R. 2951: Mr. AUSTRIA. Texas. H.R. 2541: Mr. REICHERT. H.R. 2956: Mr. AL GREEN of Texas. H. Res. 98: Mr. COSTA and Mr. SESSIONS. H.R. 2960: Mr. HECK, Ms. HAYWORTH, Mr. H.R. 2543: Ms. HAHN. H. Res. 111: Ms. HAYWORTH and Mr. HINO- ROE of Tennessee, Mr. BURGESS, Ms. FUDGE, H.R. 2554: Mr. HONDA. JOSA. H.R. 2597: Mr. SARBANES. Mr. LATHAM, Mr. PLATTS, and Mr. WITTMAN. H. Res. 352: Mr. MARINO. H.R. 2599: Ms. DEGETTE, Mr. COSTA, Mr. H.R. 2962: Mr. GUTHRIE. H. Res. 387: Mr. HONDA. STARK, Mr. CAMPBELL, Ms. SPEIER, Ms. H.R. 2966: Ms. TSONGAS and Mr. INSLEE. H.R. 2969: Mr. PETERS, Ms. PINGREE of HIRONO, Mr. SCHIFF, Mr. FILNER, Mr. GEORGE Maine, Ms. WOOLSEY, Mr. MARCHANT, and Mr. MILLER of California, Mr. HONDA, Mr. SAR- f MCDERMOTT. BANES, Ms. ZOE LOFGREN of California, Mr. H.R. 2970: Mr. SIRES. DIAZ-BALART, Mr. BILBRAY, Mr. CARNAHAN, H.R. 3000: Mr. KINGSTON. DELETIONS OF SPONSORS FROM Mr. BACA, and Mr. GARAMENDI. H.R. 3005: Mr. WELCH. PUBLIC BILLS AND RESOLUTIONS H.R. 2600: Mr. HEINRICH, Mr. WEST, and Mr. H.R. 3009: Mr. BROUN of Georgia and Mr. HALL. SOUTHERLAND. Under clause 7 of rule XII, sponsors H.R. 2634: Mr. FRANK of Massachusetts. H.R. 3027: Ms. SLAUGHTER. were deleted from public bills and reso- H.R. 2655: Mr. LARSON of Connecticut, Mr. H.R. 3035: Mr. LUETKEMEYER. lutions as follows: PETERSON, Ms. SCHWARTZ, Mr. SERRANO, Mr. H.R. 3039: Mr. KINZINGER of Illinois, Mr. GIBBS, Mr. LATOURETTE, Ms. NORTON, Mr. TIBERI, Mr. ROONEY, Mrs. CHRISTENSEN, and H.R. 2920: Mr. CICILLINE. PASCRELL, and Mr. PAULSEN. Mr. DOLD. H.R. 2954: Mr. BROOKS.

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Vol. 157 WASHINGTON, THURSDAY, OCTOBER 6, 2011 No. 149 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, people who have such a pleasant de- called to order by the Honorable SHEL- PRESIDENT PRO TEMPORE, meanor. The minute a person meets DON WHITEHOUSE, a Senator from the Washington, DC, October 6, 2011. him, they know he is a man of great State of Rhode Island. To the Senate: substance and spiritual quality. So I Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby am very happy to welcome Reverend PRAYER appoint the Honorable SHELDON WHITEHOUSE, Chaney and his wife Avis to Wash- The PRESIDING OFFICER. Today’s a Senator from the State of Rhode Island, to ington. opening prayer will be offered by the perform the duties of the Chair. I thank the pastor for the inspiring Reverend D. Edward Chaney, senior DANIEL K. INOUYE, invocation, which I hope will guide the pastor of Second Baptist Church in Las President pro tempore. Senate’s action today. Vegas, NV. Mr. WHITEHOUSE thereupon as- f sumed the chair as Acting President The guest Chaplain offered the fol- SCHEDULE lowing prayer: pro tempore. Mr. REID. Mr. President, following Let us pray. f Bless us now, O God. Touch our leader remarks, the Senate will resume RECOGNITION OF THE MAJORITY consideration of S. 1619, the China cur- hearts, for without Your love, light, LEADER and life, we are nothing. rency legislation. The deadline for sec- Give our lawmakers strength and The ACTING PRESIDENT pro tem- ond-degree amendments to that legis- courage as they make decisions today pore. The majority leader is recog- lation is at 10 a.m. this morning. At that impact the lives of all Americans. nized. 10:30, there will be a rollcall vote on the motion to invoke cloture on S. Lord, remove the divisive spirit that f 1619. prohibits true transformation and WELCOMING REVEREND CHANEY allow Your presence to become not just f common but harmonious. Through our Mr. REID. Mr. President, I have the MEASURE PLACED ON THE dedication, commitment, and sacrifice, rare opportunity today to introduce CALENDAR—S. 1660 we thank You for cleansing us from the and say a few words about the guest Chaplain. Reverend Chaney has just de- Mr. REID. Mr. President, I am told ills of this world and making us fit to that S. 1660 is at the desk and due for serve and honor You. livered, as usual, an eloquent invoca- tion. a second reading. We ask these blessings in Your Name. The ACTING PRESIDENT pro tem- Amen. Reverend Chaney is originally from South Carolina, but for the last 2 years pore. The Senator is correct. The clerk will read the bill by title for the second f he has led the flock of the Second Bap- tist Church in Las Vegas, one of the time. The assistant legislative clerk read PLEDGE OF ALLEGIANCE oldest, extremely well-established, and largest churches in Las Vegas, NV. He as follows: The Honorable SHELDON WHITEHOUSE is a man who is involved in the commu- A bill (S. 1660) to provide tax relief for led the Pledge of Allegiance, as follows: American workers and businesses, to put nity very deeply. He serves on the workers back on the job while rebuilding and I pledge allegiance to the Flag of the board of the Urban League and the modernizing America, and to provide path- United States of America, and to the Repub- NAACP. ways back to work for Americans looking for lic for which it stands, one nation under God, In addition to his service in the spir- jobs. indivisible, with liberty and justice for all. itual realm, he has also served as a pa- Mr. REID. Mr. President, I object to triot in our Nation’s armed services. f any further proceedings with respect to He served in the Navy for 4 years, as this legislation. has our Chaplain, Dr. Barry Black. The ACTING PRESIDENT pro tem- APPOINTMENT OF ACTING They were both naval officers. Rev- pore. Objection having been heard, the PRESIDENT PRO TEMPORE erend Chaney recently retired as chap- bill will be placed on the calendar. The PRESIDING OFFICER. The lain of the U.S. Air Force Reserve at Mr. REID. I note the absence of a clerk will please read a communication Nellis Air Force Base. quorum. to the Senate from the President pro I have met with Reverend Chaney The ACTING PRESIDENT pro tem- tempore (Mr. INOUYE). under very unique circumstances on a pore. The clerk will call the roll. The assistant legislative clerk read number of occasions. He is a wonderful The assistant legislative clerk pro- the following letter: human being. He is one of those rare ceeded to call the roll.

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

S6277

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VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.000 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6278 CONGRESSIONAL RECORD — SENATE October 6, 2011 Mr. REID. Mr. President, I ask unan- today. I would like to do it before 5:30. as far as I can tell, is entirely political. imous consent that the order for the We have the Jewish holiday that starts By arguing for a permanent tax hike to quorum call be rescinded. tomorrow at 5:30—it is actually an pay for a temporary stimulus, they are The ACTING PRESIDENT pro tem- hour or so after that, so 20 until 7, sun- essentially admitting they are not par- pore. Without objection, it is so or- down. But, anyway, we are going to ticularly interested in creating jobs. dered. continue working on this legislation Proposing a partisan tax hike 13 f until we complete it one way or the months before an election will not cre- other. ate one single job—not one. So I would CHINA CURRENCY MANIPULATION AMERICAN JOBS ACT suggest that our friends on the other Mr. REID. Mr. President, this morn- Early next week, the Senate will side put away the playbook and work ing the Senate will hold a vote to ad- begin debate on the American Jobs with us instead. vance legislation to end the under- Act, which will create jobs while ask- As I have said repeatedly, Repub- handed practice of currency manipula- ing every American to contribute his licans are ready to act right away with tion by the Chinese Government. This or her fair share. This legislation will Democrats on bipartisan, job-creating practice gives Chinese exports a tre- put construction crews back to work legislation—on the three trade bills, mendously unfair advantage over all building the things that make our for instance, on regulatory reform, in- the global markets but especially the country stronger: modern bridges, creasing American energy production, one with our relations with China. It roads, dams, sewers, water systems, and tax reform. All those things would hurts American manufacturers and and up-to-date schools where our chil- help the economy, and all could be cheats American workers out of jobs. strongly—strongly—bipartisan. Yet dren can get the best education pos- This practice has helped balloon Amer- Democratic leaders do not seem to be sible. ica’s trade deficit with China from $10 interested in working together. billion to $273 billion in the last 20 FREE TRADE Two days ago, for example, I offered years, costing upwards of 3 million I have spent a lot of time with the the President his request to vote on his jobs. Too many of those lost jobs came Republican leader, knowing how second stimulus. Our Democratic from the manufacturing sector alone, strongly he and some other Members of friends blocked the vote. Instead of which can’t compete as long as the Chi- the Senate feel about the Colombia working across the aisle with Repub- nese Government gives its exports spe- trade bill, the Korea trade agreement, licans on solutions that would help put cial advantages. and Panama. In spite of my not feeling people back to work, Democrats have This legislation is a chance to even a so strongly about these—I am not a big fallen back to tired talking points—the tilted playing field, to pump $300 bil- fan of these matters—I am doing my same, stale rhetoric we have heard lit- lion into our economy in 2 years, and best to advance this so we can have a erally for years. With 14 million Ameri- support 1.6 million American jobs. vote, hopefully as early as Wednesday cans out of work, this is completely That is why it has the support of labor of next week. and totally unacceptable. unions and business groups. That is f We are wasting valuable time. De- why it advanced with an overwhelming spite the President assuring Americans RECOGNITION OF THE MINORITY bipartisan vote on Monday. I believe that nobody is talking about raising LEADER there were 31 Republican votes on Mon- taxes right now and that a down econ- day. The ACTING PRESIDENT pro tem- omy is a horrible time to raise taxes— I would remind my Republican col- pore. The Republican leader is recog- again, this is what the President said— leagues that since the Senate began de- nized. the new Democratic tax hike would bate of this bill, China has made no f take effect in a little over a year, when move to correct the value of its cur- CBO tells us the unemployment rate rency. It is clear that merely consid- AMERICAN JOBS ACT will still be well over 8 percent. ering congressional action will not Mr. MCCONNELL. Mr. President, It is no wonder the economy is stag- solve this problem, so it is difficult for what this week has shown beyond any nant, businesses are not hiring, and un- me to comprehend how people could be doubt is that Democrats would rather employment is at 9 percent. How can switching their votes from Monday to talk about partisan legislation they anyone be expected to make plans Thursday. We have offered to work won’t pass than actually passing legis- when the next ‘‘gotcha’’ tax hike to with Republicans on an agreement to lation we know would create jobs. pay for this President’s spending binge consider several germane amendments. Two and a half years after the Presi- is always lurking right around the cor- I stand by that offer. We talked about dent signed his first stimulus, there are ner? The President has said it is wrong to that yesterday and, in fact, late last 1.7 million fewer jobs in this country. raise taxes in this weak economic envi- night. I repeat, more than 31 Repub- Now he wants to do it again. Why? Be- ronment. If he meant what he said, licans voted to advance this legislation cause Democrats think it makes for surely he will join me in opposing this good politics. earlier this week. So I am hopeful my unwise tax hike Senate Democrats This week, it was revealed that there colleagues on the other side will con- have proposed. tinue to work with us in a bipartisan wasn’t enough support within the Republicans, along with some Demo- fashion to advance this important job- Democratic ranks to pass the Presi- crats, have progrowth solutions to help creating legislation today. dent’s so-called jobs bill—it was simply solve this crisis, but we will not stand I have indicated to the Republican too partisan. So yesterday, instead of for a permanent tax hike for a tem- leader that I have a meeting with three making it less partisan, they made it porary stimulus that is largely a re- of my Senators at the White House at more so. By adding a tax on small busi- hash of the same stimulus ideas this 5:30 this afternoon, so we either finish ness owners, they made it even less at- administration has already tried. this bill if, in fact, cloture is invoked tractive to job creators rather than This bill is the same wasteful spend- and we work out something on the working with Republicans on legisla- ing, the same burdensome union give- amendments before 5:30 or we can come tion that would actually help create aways, and the same temporary tax back tonight after the meeting at the jobs. policy that has failed the American White House or we can come back to- I mean, what is our goal here? If the people in the last 2 years. morrow, but we are going to complete goal is to create jobs, then why are we This economy can grow and create work on this legislation before we even talking about tax hikes? The jobs when Washington reduces spend- leave, one way or the other. If cloture President himself has said that raising ing and regulations, and by simplifying is not invoked, of course, that ends it, taxes is the last thing we want to do in our incredibly complex tax system. which I think would be a sad day for a weak economy. That is the President This is what is needed to literally un- relations between China and the United of the United States. Even the White leash the private sector. States, to think we capitulated on House predicts the unemployment rate It is time Democrats move beyond something as important as this. But we will be high when this tax would kick the political rhetoric and for the Presi- are going to finish this legislation in. So the real goal here for Democrats, dent to stop campaigning. It is time for

VerDate Mar 15 2010 04:12 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.001 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6279 Democrats to reach across the aisle on them have done it the hard way: by trade—we may never recover as a coun- bipartisan legislation that can actually coming up with a good idea, struggling try. pass. and working a business. That is great. This is serious. This is not to gain po- Mr. President, I yield the floor. But they are the one segment in soci- litical advantage, although most Amer- f ety whose income has actually in- icans agree with it, of course. But I creased significantly over the last dec- RESERVATION OF LEADER TIME would do this if most Americans did ade. not, and if editorialists did not, busi- The ACTING PRESIDENT pro tem- The one consensus we have in this ness leaders of multinational corpora- pore. Under the previous order, the place is that we have to reduce the def- tions did not. I do this because when leadership time is reserved. icit and reduce the budget. The one we have small companies that are consensus we have is that we have to f growing that have great products, and do that. Well, you are asking middle- CURRENCY EXCHANGE RATE China unfairly competes with them— class people to chip in by making it OVERSIGHT REFORM ACT OF 2011 not because China’s products are better harder to pay for college because stu- but because China’s trade allows it to The ACTING PRESIDENT pro tem- dent loans are not as good or cutting undercut them in our market and in pore. Under the previous order, the back on somebody who has been unem- the Chinese market—we are giving Senate will resume consideration of S. ployed. They worked their whole life, away our seed corn. 1619, which the clerk will report. lost their job, and now are unemployed. The assistant legislative clerk read So how do we have the top 1 per- Take solar cells. China usually uses a as follows: cent—the one part of society doing the one-two punch to hurt us unfairly. A bill (S. 1619) to provide for identification best—chip in? Well, the only way is First, they will use some trade law to of misaligned currency, require action to through the Tax Code because they do get that business in their country, correct the misalignment, and for other pur- not need help getting their kids to col- whether it is rare earths, and they will poses. lege. They do not need health care say: You want these rare earths? You Pending: help. God bless them. They have have to manufacture in China. Whether Reid amendment No. 694, to change the en- enough money to do that on their own. it is intellectual property, they just actment date. So this is the only way to do it. If you take it regardless of patent laws and Reid amendment No. 695 (to amendment say no taxes on anybody, even the mil- other laws. Or in the case of solar cells, No. 694), of a perfecting nature. lionaires—which is what, I assume, the whether it is unfair direct subsidies to Reid motion to commit the bill to the companies, they say: You make the Committee on Finance with instructions, Republican leader is saying—you are Reid amendment No. 696, to change the en- saying the best off in society, who have solar cells here—the Chinese compa- actment date. done the best in the last decade, should nies—you will get deep subsidies. Reid amendment No. 697 (to (the instruc- not contribute to this deficit reduction But that alone would not be enough tions) amendment No. 696) of the motion to we have to do. to put our American companies on commit), of a perfecting nature. I believe—and I will say this again their butts. What happens is, after they Reid amendment No. 698 (to amendment and again—the only way we are going No. 697), of a perfecting nature. unfairly take the business and move to get real deficit reduction is by rais- them there, they send them here at a The ACTING PRESIDENT pro tem- ing revenues as well as cutting spend- 30-percent discount using currency ma- pore. Under the previous order, the ing. The only real way we are going to nipulation. Our American companies— time until 10:30 a.m. will be equally di- break through on raising revenues is and I have spoken to company after vided and controlled between the two making sure those at the highest in- company in manufacturing businesses, leaders or their designees. come contribute and contribute more in service businesses, and things in be- The Senator from New York. than others when it comes to the tax Mr. SCHUMER. Just for a clarifica- tween—say: I can’t compete. My prod- system. uct is usually better, but not against a tion, Mr. President, are we in morning I would like to go to the bill at hand, 30-percent currency disadvantage. So business or are we on the bill? which is S. 1619, the currency act. I the price of the Chinese good is 30 per- The ACTING PRESIDENT pro tem- know my colleagues have heard me on cent cheaper. pore. We are on the bill. this all week. It is passionate for me. It Mr. SCHUMER. Is 1 hour of time is passionate not as a Democrat or not There is a window manufacturer I equally divided? against Republicans. In fact, we have just visited, I think it was last Friday. The ACTING PRESIDENT pro tem- religiously tried throughout—Senator He makes high-end windows for these pore. Until 10:30. LINDSEY GRAHAM and I, throughout the buildings in New York and elsewhere. Mr. SCHUMER. So time is equally di- history of this bill, which is a long one, The window he makes is better than vided up to that point? and the bills before it, their prede- the Chinese window. This was not a The ACTING PRESIDENT pro tem- cessors—we have tried to keep this re- theft of intellectual property. He would pore. Correct. ligiously bipartisan. not use the Chinese windows because Mr. SCHUMER. Thank you, Mr. In fact, we have five lead Democratic he is a contractor as well. He makes President. sponsors and five lead Republican spon- the windows, and then he installs First, I would like to make a com- sors. LINDSEY and I have opposed Presi- them. ment on the Republican leader’s com- dents on this issue—whether it was the He said: I wouldn’t use the Chinese ments on the tax bill. Just make note, Republican President Bush or the Dem- product, but because it has a 30-percent American people, the leader says: Do ocrat President Obama—with equal advantage in currency, it undercuts me not raise taxes. But he does not men- vigor because we think administrations in price and lots of other people use it. tion what our proposal actually does. get too caught up in that highfalutin It imposes a 5.6-percent surcharge only diplomatic world to understand what Now, who would have thought that on those whose incomes are above $1 American companies, particularly mid- we are talking about windows? The million. In other words, 99 percent-plus dle-sized companies, go through when Chinese are competing against us ev- of the American people will not have China does not play fair. erywhere. High end, middle end, and their taxes raised, nor should they. I am on the Senate floor on this bill low end. On the low end, frankly, we Average middle-class people are many times, more often than I usually will never get the businesses back. struggling. Their incomes are declin- speak, because I believe passionately Toys or clothing or shoes, maybe even ing. We should not be doing that. But this is about the future of America. If furniture—except high-end furniture— for those who are the very wealthiest— we continue to lose wealth and jobs to is not coming back. and this is no aspersion to them. I China because they manipulate trade The argument that some of these edi- think most of us on both sides of the laws and intellectual property laws and torialists use, well, they are going to aisle admire people who have made a all kinds of other economic laws for go to Bangladesh or somewhere else if lot of money. Most Americans would their own advantage, unfairly—against China has to raise its currency is true, like to be in their shoes, and most of the WTO rules, against the rules of free but that is not what we are fighting for

VerDate Mar 15 2010 04:12 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.003 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6280 CONGRESSIONAL RECORD — SENATE October 6, 2011 here. We are fighting for high- and mid- I want to see our children and grand- There is a difference of opinion about dle-end companies that have great children know that they are going to how to deal with China. This is a com- products—solar panels, in which Amer- have better lives than their parents plicated issue. But the one thing no ica has a future; jobs that if China and grandparents, and it is a difficult one is telling me on the other side: played fairly we would win because we and tough world to ensure that with LINDSEY, they are not manipulating make a better product, and it does not global competition, with so many their currency. I think as the Amer- have to be exported. Yet we somehow changes. ican Taxpayers Union—great organiza- sit here and twiddle our thumbs. We were just talking in the gym tion; I am in pretty good standing with What I was saying about the window about how our kids spend so much time them. I disagree with them on how to guy is, not only now does China com- on video games all day long instead of proceed against China in this par- pete in manufacturing the windows, learning in school. ticular instance. I think they said in Chinese companies come here and in- There are so many challenges we face their own letter: We agree, China ma- stall them. Again, it is still a 30-per- as a country. At this time we cannot nipulates their currency. cent advantage because they are pay- shrug our shoulders and be benign like Well, if they do manipulate their cur- ing the Chinese company and workers maybe 20 or 25 years ago when we were rency, what does it matter? It matters the yuan, which is undervalued by 30 in a different situation, saying: China a lot if you are an American business percent over there. cheats; so what. Let’s not risk any man or woman trying to compete in So this is serious. It is about the fu- change. Let’s not get them mad. the world marketplace. As Senator ture of America, about the future of We cannot afford that anymore. The SCHUMER said, the Chinese manipulate American jobs. We are all concerned future of America is at stake. To those the value of their currency—6.3 yuan to about jobs. There are very few jobs who say it will cause a trade war, we the dollar; it used to be 8-point some- bills that are, A, bipartisan, and, B, do are in a trade war. We have our clocks thing. What does that mean? That not cost money. This is one of them. It cleaned every day and lose jobs every means if a product produced in China is has been a bipartisan bill all the way. day because of unfair Chinese prac- sold in the world marketplace and you The votes showed it. tices. To those who say China will re- are in business in South Carolina, Ala- I see my colleague from Alabama taliate, China has got far more to lose bama, or New York, competing with who has been a great partner. I saw my in this than we do. They the are ones that Chinese company, the value of colleague from South Carolina who has who benefit from all of these rules, we their money builds a discount of 30 to been a great partner. How else in this do not—all of these manipulations. 40 percent. You are going to have a deadlocked, gridlocked situation can They will not retaliate. Yes, they may very hard time winning in the market- we help American workers in a bipar- do a little thing here and there, but place, not because you do not work tisan way—that does not cost money— they will not retaliate big time because hard, not because your employees are in a big way? This is it. There are not it will do even more damage to the Chi- inferior, simply because the Chinese many others. nese economy. Government is doing things with their So I would ask my colleagues on both What they will do—Senator GRAHAM currency we do not do. sides of the aisle—Leader REID said on and I have seen this, and Senator SES- We have a Federal Reserve. Some of the Senate floor a few minutes ago SIONS and Senator BROWN—when they their policies I do not agree with. But what he said last night, that he would are faced with the hard reality that certainly entertain amendments and they will no longer be allowed by legis- to suggest that our Federal Reserve come to an agreement—amendments lation or, I wish, by administration ac- system manipulates our currency to from both sides of the aisle, relevant, tion, but that has not been forth- create a trade advantage is ridiculous. germane amendments, relevant to coming from either President Bush or If we are doing it for that purpose, ev- trade. I am sure if we could move on President Obama, they then adjust and erybody should be fired, because we cloture, Senator HATCH’s amendment— play fairer. That is what has happened have a $273 billion trade deficit. Every country has a right to set he is the ranking member of the Fi- every single time, and that will happen monetary policy. That is not the issue. nance Committee—which deals with again. trade would be debated. We would try I want to first compliment my col- If you disagree with the way we are to have time limits. There would be a leagues on this legislation. I want to doing monetary policy in the United fair and open debate on an important hope and pray—I pray in this one, me, States, I think you have a valid claim. issue, and then we could vote on the for the future of America. And the fu- This is about a country manipulating bill. ture of America is linked to free and its currency for an advantage in the ex- So I hope we will get a positive vote fair trade with China. The future of port market. The Chinese manipula- on cloture this morning, and I hope we America is linked to the fact that we tion of the yuan has cost this country will—not for political gain or anything can no longer let China unfairly take at least 2 million jobs—41,000 in South like that but for American gain. We advantage of American workers, Amer- Carolina—and it is an unfair trade cannot, cannot, cannot continue to let ican wealth, and the American future. practice in another name. China flaunt the rules. I yield the floor and reserve the re- If this were an island nation some- Ten years ago or eight years ago, mainder of my time. where, none of us would care. But this when Senator GRAHAM and I started on The PRESIDING OFFICER (Mrs. is the second or third largest economy this issue, China was a much smaller SHAHEEN.) The Senator from South in the world, and all of us should care. economy. Now they are huge, the sec- Carolina. The people who are opposing this legis- ond largest in the world. They compete Mr. GRAHAM. I rise in support of lation today are probably doing busi- against us up and down the line. They moving forward on this legislation. I ness in China and they are afraid to of- have found six ways from Sunday to wish I could fix the Senate. It is not fend the Chinese. I have some manufac- lure businesses there. That deals with functioning the way any of us wishes— turing in my State that has a big foot- the Chinese market. But then, with plenty of blame to go around. The print in China. They are nervous about trade currency, when the businesses go Congress’s approval rating is at 15 per- this bill. I have most people in my there, with currency manipulation cent. State dying for me to get them some they are able to undercut us and send But here is some good news. There is relief so they can stay in business. the goods here. a piece of legislation before us that, if But here is a warning: It will come— Again, to me—and I am just one per- we can ever get a vote on the legisla- this movie will come to a neighborhood son and, obviously, I feel this issue tion, would have overwhelming bipar- near you soon. In 2016, the Chinese are more passionately than 99 percent of tisan support that actually would mat- going to start producing, in large num- Americans because I have been in- ter to the average, every-day person. bers, commercial aircraft. It will be volved in it so long—if we could do five When you look through your Congress, difficult for American aircraft compa- things to restore American jobs and re- you have got to say: What is it about nies to compete with China if the air- store American wealth, this would be those folks up there? Why can’t they craft is 30 percent discounted because one of them. This would be one of do the things that all of us know need of currency manipulation. One day them. to be done? they will be producing cars, not to be

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.004 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6281 sold in China but throughout the We are going to have a chance, after serious commitment to developing world. If you are in a high-tech indus- 7 years, of getting a vote that will mat- long-term and meaningful solutions to try, what has happened to the textile ter to the American people. I am sorry the persistent problem of currency ma- industry and other elements of our we are mad at each other all the time nipulation. It tells them we are com- country such as steel is coming toward about everything. I am tired of being mitted to starting that process today. you. All we ask of China is build cars, mad about the Senate not working Yesterday, I outlined some of the se- build airplanes, but sell their products well. I am going to set aside my dis- rious problems with the unilateral ap- based on trade practices that are ac- pleasure for the process and do some- proach adopted by the proponents of cepted throughout the world. Do not thing I think will help the people I rep- this bill. Allow me to summarize them manipulate your currency to create a resent. I am going to vote to move for- for the benefit of my colleagues. First, discount on products made in your ward in an imperfect procedural envi- this is not a jobs measure. Proponents country at our expense. ronment, knowing that if we can ever of the unilateral approach argue that Since 2004, I have been dealing with get a vote, it will be the best thing their bill will create thousands of jobs this. We started with a sense of the that could happen to the American right now and millions of jobs in the Senate because everybody said this is manufacturing community. It will be a years ahead. But all we have to do is delicate. I buy into that to a point. So shot across China’s bow that is long take a close look at the numbers and sense of the Senate, we all agreed with overdue. the process laid out in the bill to see 100 votes: You manipulate your cur- The last thing I would say is that this is not the case. rency. Please stop. Senator SESSIONS has come into this I am also concerned that the bill will In 2005, after they did not stop, we in- issue, and he has brought an intellec- inject economic instability in a key bi- troduced legislation, got 67 votes to tual weight to it, emotional commit- lateral relationship and subject U.S. proceed forward with a 27.5 tariff. We ment. He understands the middle class. exporters to potential retaliation by stopped our bill because we hoped JEFF SESSIONS has been the best part- the Chinese. things would change. Guess what. The ner anyone could hope to have to try to Yesterday, the White House also ex- yuan has appreciated about 31 percent push a bill forward that will give pressed concerns about this bill, since we have been doing this exercise, America a fighting chance in a world though they still have not stated pub- but not nearly enough. There is a re- economy dominated unfairly by a Com- licly what those specific concerns are. I striction on the yuan trading. It can- munist dictatorship. I want to recog- wish they would. It would be helpful to not float more than 0.5 percent a day. nize what Senator SESSIONS has done. us up here to have the White House It is tied to the dollar. It is still crush- He is going to vote to move forward. weigh in and say what they actually ing our manufacturing community un- We have had it with China. Let’s do want, instead of waiting for the Senate fairly. something that will matter. So from 2004 to now, I have been rea- to do whatever it wants to. I yield the floor. A growing chorus has come out to sonable. I have sent message amend- The PRESIDING OFFICER. The Sen- criticize the unilateral approach in this ments, I have taken votes where I won ator from Utah. bill—a growing chorus. The New York overwhelmingly, and backed off. I have Mr. HATCH. Madam President, I was times called this bill ‘‘a bad idea’’ and had it. Enough is enough. I am sorry very interested in the comments of the ‘‘too blunt of an instrument’’ which, if the amendment process around this distinguished Senator from New York enacted, is very unlikely to persuade place is so screwed up. It is. There was and my friend from South Carolina as China to change its practices, while an effort to get some amendments up. well. Not as much as people on our side This morning, the Senate will have adding another explosive new conflict would like. the opportunity to send a strong mes- to an already heavy list of bilateral I hate the idea of filling up the tree sage to China and the world commu- frictions. and becoming the House. But this is nity. Whether that signal is one of in- The Wall Street Journal called the not about Senate procedure for me. I ward protectionism or outward engage- underlying bill ‘‘the most dangerous try to be a team player where I can be ment remains to be seen. In my mind, trade legislation in many years.’’ because I do believe Senator MCCON- the choice is clear. If we support the The U.S. Chamber of Commerce NELL is doing a very good job. Senator motion to invoke cloture on the under- issued a letter yesterday stating that REID has got his own agenda. It is not lying bill, we will be sending a signal the unilateral approach in the under- about HARRY REID. It is not about to China that the Senate is angry over lying bill would be counterproductive MITCH MCCONNELL. It is not about China’s manipulation of its currency, in persuading China to alter its cur- some rule of the Senate. It is about but we are not serious about taking rency practices and that ‘‘in the end, people in my State who are going to real, long-term action to stop it. such unilateral action would very like- lose their job if we do not do some- We are also telling the world commu- ly cause retaliation by China and ulti- thing. nity that the United States is turning mately damage the U.S. economy, in- I know what I need to be doing as a inward once again, seeking protec- cluding exporters, investors, workers, Senator here. The institution I need to tionist solutions to global problems, and consumers.’’ be protecting is the American work- and not interested in working with It does not get any tougher than force which is having its clock cleaned other countries to solve our current that. by a Communist dictatorship that international economic crisis. At the Again, there is a better way. My cheats. They do not outwork us. They same time, we would be interjecting amendment calls for a bold new ap- do not outperform us. They steal our further uncertainty into our own eco- proach which will empower U.S. nego- intellectual property. They manipulate nomic recovery as our exporters and tiators to work within the WTO and their currency. They subsidize their in- workers face potential retaliation from the IMF to develop long-term effective dustries. A few years ago they dumped one of our leading trading partners. remedies to counter the effect of cur- steel all over the world—in the Amer- There is a better way, and it can be rency manipulation by China or any ican marketplace, in particular—pro- bipartisan. We can defeat cloture and other country and develop practices to duced in China below cost, and the give Senators an opportunity to vote persuade countries to stop currency Bush administration pushed back with on my amendment, which not only has manipulation. If that does not work a countervailing duty claim. the best chance of actually resolving within 90 days, they are directed to go I want to do business with China. The our serious currency problems with outside of these institutions. Chinese people are good. Their govern- China but also demonstrates to the My amendment would also send a ment is bad. They are mercantilists. international community that the great message to both the WTO and the They look at every transaction with an United States will continue to lead by IMF. eye of what is best for us in the short promoting trade liberalization and My amendment would also establish term. They do not play by the rules. holding countries accountable to the a new priority negotiating objective, so Since they have been in the WTO, their rules of the game for the long haul. as we negotiate trade agreements with trade deficit has almost quadrupled. So If given the chance to vote on my trading partners, we should all commit enough is enough for LINDSEY GRAHAM. amendment, we can demonstrate our in those agreements to not manipulate

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.007 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6282 CONGRESSIONAL RECORD — SENATE October 6, 2011 our currencies. My amendment also en- I urge colleagues to make the right losers. We can compete with China and sures that we have a partner by holding choice today, to vote against cloture we are, in many ways. When we give the administration accountable until and support my amendment. them a currency advantage as large as they achieve results—and that is I am even willing to give my amend- this, good companies that are capable whether it is this administration or ment to the distinguished Senator of competing and being successful are some administration in the future. from New York and others—have it be being hammered. The middle class in This is not a quick fix. But truly re- theirs. I don’t care who gets the credit. this country is being hammered. solving complex and longstanding prob- When we work on trade issues, I want This has to stop, and we have to ask lems, such as currency manipulation, them to work right. I don’t want to ourselves: Is this country going to will take much more than a quick fix. have politics played with this. This is abandon its commitment or belief in a It requires that we stand together as a too important. manufacturing economy? Are we going country and do the hard work nec- I hope everybody votes against clo- to give up manufacturing entirely? I essary with the international commu- ture, and I hope we can then take up don’t think that is remotely conceiv- nity to achieve real, long-term results. the amendment I have been talking able. We have had brilliant economists Although my amendment was only about—and we can refile it, so those tell us we need to be a service economy recently introduced, it is already gain- who feel so deeply about the Schumer and we can just deal with computers ing widespread support. The U.S. amendment can be for something. I and e-mails and move paper around and Chamber of Commerce endorsed the would like to do that and see this done. that this creates growth and wealth. Hatch amendment, arguing that co- I would like to see our country move We need a manufacturing economy. ordinated and multilateral pressure, ahead with an intelligent approach to- I see Senator BROWN, who has been a through international organizations, is ward currency and trade. strong advocate of this. Senators SCHU- essential to encouraging China to I yield the floor. MER and GRAHAM have been at this for adopt market-determined currency and The PRESIDING OFFICER. The Sen- years. I voted for the legislation in exchange rate policies. That is pre- ator from Alabama is recognized. 2005. I have become energized about cisely the approach taken in the Hatch Mr. SESSIONS. Madam President, this because I believe it is a deep re- amendment. the majority leader has agreed that if sponsibility for every government offi- This morning, Douglas Holtz-Eakin, cloture is invoked, Senator HATCH’s cial to protect our national security former Director of the Congressional Budget amendment will be one that will be and protect our economic security. Office, wrote in National Review Online that voted on. There was an agreement. When we have clear evidence that a the Hatch amendment ‘‘is a more complex Other amendments, too, would be al- predatory trade policy of a major world solution to the [currency] problem,’’ and lowed. I believe the minority has to exporter—the largest exporter in the while ‘‘not nearly as sexy or slogan-inspiring protect its right to offer amendments, history of the world is China to the as the Currency Exchange Oversight Reform consistent with other processes that we United States. They are abusing their Act . . . happens to have a much greater have had here that I am not happy likelihood of being effectual.’’ trade privileges, and the administra- with. The amendments offered by the tion refuses to act. I say the Congress Americans for Tax Reform wrote a majority, I believe, are legitimate. can and should act. letter in support of my amendment, I am a bit offended, and I don’t appre- I believe this is a reasonable bill. It saying the Hatch amendment ‘‘offers a ciate the view that this is a protec- allows the administration to negotiate sensible approach that utilizes the tionist piece of legislation. I believe it an end to this matter over a period of mechanisms created by the inter- protects free trade because trade can’t time, and it will provide the power and national trade community to resolve exist when one party is manipulating the requirement that that happen. such disputes.’’ the rules in a significant way that sub- Mr. BROWN of Ohio. Will the Senator The Emergency Committee for Amer- stantially impacts the balance of trade. yield for a question? ican Trade says that the Hatch amend- I will just ask the question: Is former Mr. SESSIONS. I am pleased to. ment ‘‘will more effectively address Governor, now Presidential candidate, Mr. BROWN of Ohio. I appreciate the concerns about currency misalignment Mitt Romney a protectionist? Gov- Senator’s consistent push for fair trade by China and other countries, without ernor Huntsman from Utah, a Presi- policies. We have worked on Alabama’s opening the door to many harmful ef- dential candidate and also former Am- and Ohio’s issues, from sleeping bags to fects on U.S. business and workers.’’ bassador to China for President Obama, steel. I appreciate that. The Senator These and other organizations, such as said he would sign this bill if it came said how important manufacturing is the Retail Industry Trade Association before him if he is elected President; and that we cannot just turn to a serv- and the Financial Services Roundtable, and ROB PORTMAN, our fabulous new ice economy or we begin to lose the recognize there is a better way. Let’s Senator, President Bush’s former middle class. I appreciate the Senator’s quit playing politics with this issue. Trade Representative, said he supports advocacy there. Today, we face a clear choice. By vot- the bipartisan legislation. Will the Senator explain, before the ing against cloture, we can stand I don’t think it is protectionism. I debate is wrapped up, what this cur- against unilateralism, stand against think it is an effort to protect trade. rency depreciation, if you will, by the protectionism, stand against retalia- There are some who are religious about Chinese does to our economy. Senator tion, and stand against ‘‘quick fix’’ so- free trade; it is a religion. They believe MERKLEY explained yesterday that lutions and slogans. We can then turn that no matter how bad our trading when we export to China, their cur- to vote on my amendment, one that of- partners act, we should not retaliate rency advantage—artificial advan- fers the prospect of real long-term and because that might cause a trade war. tage—gets the Chinese a 25-percent tar- effective solutions, that shows the Chi- I think that is not against common iff on our sales to China, making it nese and the world community we are sense. Trade is not my religion. I think harder for a Montgomery or a Dayton serious about solving this problem over any trading relationship should depend company to sell into China. Coming the long haul, and that tells this and on how well the agreement serves the the other way, it is a 25-percent sub- subsequent administrations they will interests of both parties. It is similar sidy to the Chinese company—or their be held accountable. Even the adminis- to any other business relationship. Is it government’s company—selling in Mo- tration basically agrees with this. serving the interests of both parties? In bile or Cincinnati. Could the Senator Today, we have an opportunity to this trade situation, it is a dramatic wrap up the debate and go through that make a difference. The Atlanta Journal factor in the American loss of jobs. It again—to the point of what currency Constitution wrote this today: is indisputable, in my opinion. does to manufacturing and the middle We have a trade problem with China. But A group of professors from California class. Georgians will pay dearly if Congress keeps said our trade imbalance, over the last Mr. SESSIONS. If a manufacturing taking the wrong approach to solving it. decade, has cost 10 million jobs. Let me company in Dayton is competing with I could not agree more. But it is not just say we are going to have dynamic the Chinese company to manufacture a just Georgians who will pay dearly but changes in our economy. That happens widget, they can, on the currency all Americans. all the time, and there are winners and alone, more than have an advantage

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.009 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6283 shipping the product from China here— the train heading down the track and The question is, Is it the sense of the a 25-percent advantage. As we know, in that, for the first time, their efforts Senate that debate on S. 1619, a bill to modern trade and sales today, margins with their multinational allies to stall provide for identification of misaligned are very small, and 25 percent is a huge this bill will not succeed, they will ad- currency, require action to correct the margin that would be provided by the just and correct themselves, not just misalignment, and for other purposes, currency alone. Then we have the on currency but on all the other areas shall be brought to a close? things that are done in trying to block where they don’t treat us fairly. The yeas and nays are mandatory our companies from moving and selling So this is an important vote and an under the rule. there. To go beyond currency, it adds important day for America. The clerk will call the roll. to the price of our goods if we attempt I yield the floor. The legislative clerk called the roll. to sell them in China. Mr. GRASSLEY. Madam President, I The yeas and nays resulted—yeas 62, This is not a two-way street. I be- am here to discuss S. 1619, the currency nays 38, as follows: lieve that any rational government exchange rate oversight bill. I support [Rollcall Vote No. 156 Leg.] should not allow its manufacturing in- this bill. Back in 2007, I helped draft YEAS—62 dustry and its workers to be subjected some of the language that is contained Akaka Gillibrand Nelson (FL) to such unfair practices. We have an in this current bill. Baucus Graham Portman absolute responsibility to stand up and China is a big beneficiary of inter- Begich Hagan Pryor national trade, yet it fails to allow its Bennet Harkin Reed fix it. The best way to do it is the bill Bingaman Hoeven currency to float freely. As a result, Reid that Senators SCHUMER, GRAHAM, Blumenthal Inouye Rockefeller BROWN, and others have offered. It will U.S. exporters get cheated. It is time Boxer Isakson Sanders do it in a rational, effective way. Other we do something to send the message Brown (MA) Johnson (SD) Schumer Brown (OH) Kerry Sessions alternatives are less effective and will that enough is enough. Burr Klobuchar Shaheen not do the job. It is time for us to do it I am all for free trade, I want free Cardin Kohl trade. Free trade helps our farmers, Carper Landrieu Shelby now. Snowe manufacturers, and our Nation as a Casey Lautenberg I yield the floor and reserve the re- Chambliss Leahy Stabenow mainder of our time. whole. There is talk that this bill will Cochran Levin Tester The PRESIDING OFFICER. The Sen- cause a trade war with China. I am not Collins Lieberman Udall (CO) ator from New York. convinced that is the case. Plus, keep Conrad Manchin Udall (NM) Coons Menendez Warner Mr. SCHUMER. Madam President, in mind, this bill is about more than Durbin Merkley Webb what is the time status for the major- China. This bill is a much needed over- Feinstein Mikulski Whitehouse ity and minority? haul of a law that dates back to 1988. Franken Nelson (NE) Wyden The PRESIDING OFFICER. The ma- This bill puts in meaningful con- NAYS—38 jority has no time remaining. The mi- sequences for countries that do not ad- Alexander Grassley McConnell nority has 2 minutes. dress their currency manipulation. Ayotte Hatch Moran Mr. SCHUMER. They are much bet- All of that being said, I have to say I Barrasso Heller Murkowski ter at this than we are. do not support the way this bill is Blunt Hutchison Murray Mr. SESSIONS. I will yield the 2 being brought to a vote. While I want a Boozman Inhofe Paul Cantwell Johanns Risch minutes to Senator SCHUMER. vote on this bill and I want to vote for Coats Johnson (WI) Roberts Mr. SCHUMER. All four of us have this bill, my colleagues should have the Coburn Kirk Rubio Corker Kyl spoken. Again, I make a plea to my right to offer and debate their respec- Thune Cornyn Lee Toomey colleagues. We have had 8 months talk- tive amendments. The majority lead- Crapo Lugar Vitter ing about debt, and many have said er’s use of cloture to prevent the mean- DeMint McCain Wicker that is the future for our children and ingful debate on motions is unaccept- Enzi McCaskill grandchildren. I think there is a con- able. It is more of the same partisan The PRESIDING OFFICER (Mr. sensus on both sides that is true. I politics that the American people are BROWN of Ohio). On this vote, the yeas argue that this is also about the future tired of. And in this instance, when are 62, the nays are 38. Three-fifths of for our children and grandchildren, be- there is bipartisan support for the bill, the Senators duly chosen and sworn cause if good American companies with the majority leader’s heavyhanded ap- having voted in the affirmative, the great ideas are wiped out in the next 10 proach just doesn’t make sense. motion is agreed to. years—as they will be if China con- That is why, even though I support Mr. REID. I move to reconsider and tinues its predatory practices—the fu- the currency bill, I am voting against lay this matter on the table. ture for our children and grandchildren cloture. If cloture fails, I sincerely The PRESIDING OFFICER. The mo- in this country will not be bright. Our hope we can have a meaningful debate tion is not in order. seed corn, our family jewels are being and still move toward passage of this Mr. REID. I note the absence of a decimated by a plague of unfair com- important legislation. quorum. petition that has been allowed to con- CLOTURE MOTION The PRESIDING OFFICER. The tinue. It is as if we have a plague and The PRESIDING OFFICER. Pursuant clerk will call the roll. some of the leaders of this country, to rule XXII, the clerk will report the The legislative clerk proceeded to whether political or economic, shrug motion to invoke cloture. call the roll. their shoulders and say: That is that. The legislative clerk read as follows: Mr. REID. Mr. President, I ask unan- We cannot do that much about this. CLOTURE MOTION imous consent that the order for the In a bipartisan way, we have said we We, the undersigned Senators, in accord- quorum call be rescinded. can do something about this plague. ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without We are at the moment of decision. It is Standing Rules of the Senate, hereby move objection, it is so ordered. my belief that if we pass this in a bi- to bring to a close debate on S. 1619, a bill to The majority leader is recognized. partisan way—as we have to; it is the provide for identification of misaligned cur- Mr. REID. Mr. President, if we could way the Senate works—the House may rency, require action to correct the mis- have the attention of the Senate, we not take up our bill exactly, but they alignment, and for other purposes. are now 30 hours postcloture. What the will do something. We will have a con- Harry Reid, Sherrod Brown, Charles E. Republican leader and I would like to Schumer, Al Franken, Jeanne Shaheen, ference committee, and we can get Kay R. Hagan, Robert P. Casey, Jr., do—there is, of course, with what has something done. The odds are quite Richard J. Durbin, Michael F. Bennet, happened procedurally, no opportunity high that when China sees the train Richard Blumenthal, Carl Levin, Kent to offer amendments unless we agree to heading down the track, when their Conrad, Jim Webb, Benjamin L. Cardin, offer amendments, except for the issue ability—I have seen the articles—and I Sheldon Whitehouse, Tom Harkin, dealing with suspending the rules. wanted to read some of them into the Daniel K. Inouye. What we would like to do is have Sen- record—of China urging American com- The PRESIDING OFFICER. By unan- ators work to come up with some panies with plants in China to lobby imous consent, the mandatory quorum amendments they feel should be of- against this bill. But when China sees call has been waived. fered.

VerDate Mar 15 2010 04:12 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.010 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6284 CONGRESSIONAL RECORD — SENATE October 6, 2011 Senator MCCONNELL and all of us are that amendments could be offered. I about what we do before we get to the happy to see whether we can work our don’t want to get into a long debate 60 votes, which I think in this par- way through this. I would hope Sen- about that. ticular instance is unfair to the minor- ators would check with floor staff and Mr. MCCONNELL. Would my good ity. see how we can get this done. It would friend yield for a question? I listened Now, my party was divided on this be to my liking to not have to spill very carefully to what the majority issue. Some Members were for it; some over into tomorrow. The highest holy leader said. We interact every day. Members were against it. That meant day of the Jewish faith is tomorrow What my good friend has just said is for sure that at some point 60 votes starting at sundown. There are a num- that he would be more than happy to were going to be achieved and it was ber of people who wish to leave to be have amendments he gets to pick. He going to pass. The problem, I would say able to be home with their families on gets to pick what amendments we get to my good friend, is what we did be- that day, but we have to finish this leg- to offer. That is not, I would say to my fore then, which has the practical ef- islation this week. I would like to do it good friend, the view of the minority as fect of putting the minority in the po- today if we can. to how we ought to operate. We ought sition where it gets no amendments at People should have an opportunity to to be able to determine what amend- all or is, once again, at the sufferance offer amendments, give a little speech ments we are going to offer, not my of the majority with motions to sus- or a big speech—whatever they feel is good friend the majority leader. What pend at the end, in which we are basi- appropriate—and we can vote. I am he is saying, in effect, is, yes, he would cally—the majority determines how happy to do that. I have called off the be prepared to allow us to offer amend- many we get, and all of that. quorum, people can talk, and in the ments, but he would select which of This level of control is not necessary, meantime the floor staff will be wait- our amendments might be appropriate. in my judgment, in order to make the ing to hear from you as to what we can That is not a place that the minority, Senate move forward because, I will do regarding amendments. no matter which party is in the minor- say again before I yield the floor, if 60 The PRESIDING OFFICER. The mi- ity, would like to find themselves. Senators are in favor of bringing a nority leader is recognized. The PRESIDING OFFICER. The ma- matter to a conclusion, it will be Mr. MCCONNELL. Mr. President, I jority leader. brought to a conclusion. That is what would only add that the practical ef- Mr. REID. Mr. President, we have just happened a few minutes ago. fect of where we are, not having been tried to set up a system here that is So I hope we can move forward in a allowed to offer any amendments dur- fair. Fair is in the mind of the person more orderly process in the future, and ing the consideration of this bill, is we who says ‘‘fair,’’ and I understand that. maybe we can work out some agree- are left with motions to suspend. As We have had an open amendment proc- ment to have motions to suspend this the majority leader indicated, we are ess here, and that has led, because of afternoon that will not require us to be going to have some discussions about the intransigence of the Republicans, here tomorrow. how many motions to suspend the ma- to getting nothing done. Offer an The PRESIDING OFFICER. The ma- jority will, shall I say, tolerate. The amendment, and there is no way to get jority leader. bad part of all of this from the Senate’s rid of it. So the system we have on this Mr. REID. The Republican leader and point of view as an institution is that bill may not be the best in the world, I came here about the same time. I re- the minority is put at a substantial but with what has been going on in the member the good old days too. But ev- disadvantage. Senate, sometimes we do the best we eryone who follows government at all Having said that, as the majority can with the tools we have. There was knows that during the last Congress leader indicated, the floor staff is going no way of managing this legislation and part of this one, the No. 1 goal of to work together and see whether we other than how I just described it. Peo- Republicans has been to stop legisla- can come up with some list of motions ple can imagine what this place would tion from moving through here—look to instruct that will at least allow the have been like had we had a simple at what has happened this year—and minority to have some voice in the ‘‘anybody can offer anything they they have been fairly successful doing course of the consideration of this want’’—get the troops out of Afghani- that, I have to acknowledge. piece of legislation. stan and on and on with all the many I have said publicly, and I say here The PRESIDING OFFICER. The ma- things people would have done in this today, I admire my friend, the Repub- jority leader is recognized. legislation. lican leader, because he was very can- Mr. REID. Mr. President, there are a So without ‘‘he said, she said,’’ or I did with what his goal is in this Con- number of things we can do. We can do guess in this instance ‘‘he said, he gress: to make sure President Obama is the motions to suspend. We are happy said,’’ I think what we should do is try not reelected. That has been their goal. on this side to, with consent, just do to finish this legislation today. The As a result of that, legislation has been amendments. That is fine over here. motion to suspend has been filed. That very slow moving, and we have not I don’t want to get into a long de- is fine with us. Let’s try to work been able to legislate as we did in the bate, but I have been in a situation through as many of those as we can good old days. during the entire pendency of this leg- and see if we can finish this today; oth- So let’s now try, with the situation islation to have amendments allowed. I erwise, we will finish it tomorrow. in which we find ourselves, to work said that yesterday. I have no problem The PRESIDING OFFICER. The Re- through this on a bipartisan basis. This with that. The problem we had is that publican leader. is a good piece of legislation. Let’s see the Republican leader offered the Mr. MCCONNELL. Mr. President, I if we can get through these amend- President’s jobs bill in a form that is would only add the way the Senate ments. I am confident we can. We have not the President’s jobs bill. I told him used to work was the majority didn’t two outstanding floor managers for this morning: If you want to vote on pick the amendments the minority both Senator MCCONNELL and for me in that, fine. We will do that. We will chose to offer, but there was some abil- Gary Myrick and Dave Schiappa. They have a vote on that today. It can either ity to determine whether it got a vote do great work. They are going to try to be a motion to suspend the rules or it because any Senator could prevent a sift through all of this stuff and put us can be a regular amendment. I feel that time agreement on the opportunity to on a pathway they can show Senator way about all the motions to suspend get a vote on an amendment. So it MCCONNELL and I will work and, if that have been filed. wasn’t totally freewheeling. Then at folks agree, we will get out of here There are times when I accept the some point, if 60 Members of the Sen- today; otherwise, we will do it tomor- blame of not allowing amendments. ate thought we ought to move to con- row. There are times that certainly I am clusion, we would. It was a much more Mr. MCCONNELL. My good friend re- willing to take that burden of being orderly and open process, leading to ferred to ‘‘the good old days.’’ The good criticized but not on this one. Not on the same result, which is that if 60 old days weren’t that long ago. I can this one. I have said publicly and I Members of the Senate wanted to end remember just a few years ago when have said privately to the different the matter and bring it to a conclu- my party was in the majority in this Senators, Democrats and Republicans, sion, they could. So my complaint is body, and I was the assistant leader,

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.015 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6285 making the point with great repetition construction companies and contrac- jobs just in Washington to upgrade the while listening to a lot of grumbling tors hiring private individuals, workers Kulluk drilling unit which will be uti- that the price for being in the majority to work on those jobs—good-paying lized in Alaska or the 1,000 jobs in Lou- is, you have to take bad votes; you jobs to provide good incomes for their isiana to build a new Arctic supply ship have to take votes you don’t like in families. The same is true that the jobs right now. order to get legislation across the floor act will offer for Alaska around $62 So when we look at the potential, and finished. million for school construction. and when we look at the opportunities So this is not ancient times we are As I travel around my State—and I in the Arctic for oil and gas develop- talking about where the minority actu- am sure for many other States—the ment, it creates American jobs, Amer- ally got votes, took votes, and were not need is strong for improvements to and ican jobs not only in the Arctic in shut out. I hope we can move back in expansion of schools for those that Alaska but also throughout the coun- that direction. I think it would be a lot have been there for many years and try where many of the facilities or the better for the Senate. have not had the renovations nec- material utilized is located to con- Mr. REID. Mr. President, I am not essary, again, providing hundreds and struct what is needed, such as in Wash- going to argue with my friend. The hundreds of jobs. ington State and Louisiana, as I men- record speaks for itself. We know what The jobs act also has some good steps tioned. has happened. I repeat, we are where to deal with small businesses—how to Also, Federal revenue would be gen- we are today, and that is what we have ensure they get a break off their taxes, erated. The Chamber of Commerce has to do to move forward on this most im- to ensure they have a benefit as we try estimated that developing and increas- portant legislation. I will do my best to to move this economy forward. The tax ing production on Federal lands could cooperate and allow the Senators to provisions, the payroll tax reduction, produce well over $200 billion in new have votes on issues they believe are which would affect 20,000 Alaska busi- revenues to our country. important. nesses in a positive way, will reduce An Alaska analysis puts the Federal The PRESIDING OFFICER. Cloture their tax burden, as well as working revenues just for Beaufort and Chukchi having been invoked, the motion to re- families, who will see a reduction in Sea at $160 billion. For those who are commit amendments thereto fall as their payroll taxes. not familiar with where those are, being inconsistent with cloture. On average, for a middle-class fam- those are just above the North Slope in The Senator from Connecticut. ily, it would be almost $2,000—not a the Arctic. These have a potential of Mr. BLUMENTHAL. Mr. President, I bad gift, in a sense, as we move into well over 24 billion barrels of oil devel- note the absence of a quorum. The PRESIDING OFFICER. The this holiday season. But it is really opment in the known technically re- clerk will call the roll. their money. Giving back this $2,000 to coverable reserves today—upwards to The assistant legislative clerk pro- middle-class families means they will 24 billion, 26 billion. ceeded to call the roll. put it into the economy. They will I will tell you I do support—and I un- Mr. BEGICH. Mr. President, I ask spend it in the economy. They will use derstand in the original proposal they unanimous consent that the order for it as they see fit. wanted to take away some of these tax the quorum call be rescinded. However, I wish to lay down a mark- incentives that help our industry move The PRESIDING OFFICER. Without er. As I have said, the jobs bill is im- forward, especially the smaller compa- objection, it is so ordered. portant for the roads and water and nies to expand exploration and develop- THE JOBS ACT sewer and ports that need to be re- ment. I recognize that tax reform needs Mr. BEGICH. Mr. President, as were paired and renovated and expanded, the to be done, and I am a strong supporter many of my colleagues, I was back schools that need to be built or ex- of tax reform. Senator WYDEN and Sen- home last week talking, in my case, to panded and repaired also, as well as the ator COATS and I have supported a Alaskans, and the issues on their benefits to our small business commu- piece of legislation that is all about tax minds are pretty simple: the economy nity and the benefits to our middle- reform. I believe in a holistic proposal, and jobs. Alaska has fared better than class working families—all important. not just selective industries. So do not most States over the last 2 years, but But how we pay for it is also important get me wrong. Do I believe in tax re- no matter where I go—maybe a small because we have to make sure it is paid form? Do I believe in trying to clear convenience store, while I am driving for. But I wish to put down a marker out loopholes and incentives that are around town or at Home Depot, a gas on at least the first proposal that was not working or may be used improp- station, or wherever I may get a laid down regarding how the President erly? Absolutely. Again, that is why we chance to engage with Alaskans—peo- was planning to pay for this. supported a much broader perspective. ple are concerned about the economy Let me first start with the oil and But in pay-fors or tax proposals to pay and the ability for jobs to be created in gas industry. The oil and gas industry for the jobs bill, this is not the right this great country of ours. for Alaska is about 85 percent of our approach. Alaskans know the economy will economy in the sense that the money Another concern I have is on avia- take some time to turn around. That is goes into our State treasury and pro- tion. Alaska has 6 times more pilots why today I am pleased to talk a little vides well over 40,000 jobs. Nationwide, and 16 times more aircraft per capita bit about the jobs act before us this the oil and gas industry produces over than any other State in the country. week and, hopefully, while moving for- 9 million jobs and contributes over $2 Alaska has limited road infrastructure. ward we will spend some time on the trillion to our economy. Eighty percent of our communities are debate about how important this work I know some of my colleagues on my accessed not by roads but by water or will be. side of the aisle like to blast Big Oil. air. So it is critical we have the right Last week when I was in Alaska, I But as we know, the oil and gas indus- kind of aviation system. had Transportation Secretary LaHood try is made up of hundreds, well over General aviation is not a luxury in in Alaska, and we had a chance to trav- 500 companies of all sizes—small, me- Alaska, it is a necessity. It is our high- el around and get a good sense of what dium-sized, and large. Singling out a way in the sky. That is the utilization is important to Alaska with regard to growing industry and imposing a tax of our airlines and small planes. The ports, roads, airports, and rail. The penalty, in my view, is the wrong general aviation component is critical core infrastructure of our State is no choice. It is the wrong road to go down. for business, life safety, moving things different than any other State. It is We need to recognize the potential for from one village to another. critical that we repair, put into shape, more job creation instead by sup- One piece of the President’s jobs bill some of the facilities that are falling porting increased domestic oil and gas would change the way businesses can apart or, in some cases, expand them. development. treat the depreciation of general avia- The jobs act alone would mean $200 By developing Alaska’s Arctic off- tion aircraft and create a disincentive million to repair Alaska’s transpor- shore resources alone, we can create to buy American-made aircraft and fur- tation network. over 50,000 jobs nationwide over the ther depress an industry that has al- As one can imagine, that $200 million coming decade, jobs being created right ready felt a significant impact due to will be spent in the private sector by here in our country. As an example, 400 the recession.

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.016 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6286 CONGRESSIONAL RECORD — SENATE October 6, 2011 The administration and Congress I agree we need to do what we can to I would say the policy we had—de- should not be demonizing legitimate have a jobs bill, but let’s have a fair spite the naysayers, the negative atti- business travel. General aviation is pay-for in order to pay for it, not these tudes people had on the other side— more than just business jets. I know we additional taxes that I think would be worked. Maybe the Wall Street Journal like to read about it and see it in pa- a burden on working families and small is wrong, but I do not think so because pers and that is what people like to businesses. I have seen article after article that highlight. But in Alaska it is about Mr. President, I would like to digress states the same. I can point to many moving from one community to the for one last second before I yield the others. other. This would impact the turbo- floor to speak on another issue. It is al- Is it as robust as we want in the prop aircraft which are the workhorses ways enjoyable. I read every business economy? No. Can it do better? Abso- for Alaska’s general aviation fleet. newspaper I can. I try to read every lutely. That is why the jobs bill is im- Another administration proposal business magazine I can. I want to ab- portant—important for my State, im- would impose a $100-per-flight user fee sorb as much information as I can portant for every State, investing in on certain general aviation aircraft. when I am here in Washington during the issues that matter: water, roads, This is not a wise or even cost-effective the sessions and workweeks and then sewers, electrification, schools, you way to administer a tax. General avia- when I go back home, hearing from in- name it, putting money back into tax- tion users pay their fair share now. dividuals. But it is amazing to me—and payers’ pockets instead of the IRS tak- They pay for the aviation system I know on the Senate floor we have our ing it and hoarding it, putting it back through a per-gallon tax on their avia- philosophical debates. We saw some of where it counts. That is what the jobs tion fuel. that just a little bit ago on the old bill does. As a matter of fact, the general avia- days versus the new days. I have never We have disagreements on how to tion industry has even agreed to a seen the old days. I have been here only pay for it. I think we are going to get modest increase in this fuel tax as part 3 years, and this place has not run very to a better solution because several of of the FAA, Federal Aviation Adminis- well in the sense of trying to get things us—more the moderate wing of the tration, reauthorization bill which Democrats—are arguing that we can- passed the Senate earlier this year. It up and dealt with. But I will tell you, Mr. President, not have these selective taxes the way shows their commitment to pay their some of the positions you have taken they are laid out in the proposal pre- fair share, but in an efficient way, and and I have taken and many on this side sented by the President. We need to also puts it back into aviation, which of the aisle have taken have been a lot is what in our State is, again, as I said, have a more simplified system and pay of votes that have helped move this the highway in the sky to move goods for it in a different way but not penal- and people all across our State. Again, country forward. I will tell you one ize certain companies because maybe I think the idea the administration has specifically which is about the auto in- we do not like them or it creates a of a $100-per-flight user fee is just an- dustry. great headline. But let’s focus on the As I was sitting here waiting for the other burden, another fee, another tax right way to do this. debate, I was looking through these ar- that is not necessary and very ineffi- I anticipate we will be able to have a ticles. Here is one from yesterday from cient. different pay-for, a different proposal As we think about job creation and the Wall Street Journal, which is not on how to pay for a great potential to what is going on, the other piece of the most liberal newspaper, to say the bring more jobs back. But I end on that this I am concerned about as to the least. But if we recall, a couple years note only because I want to make taxes that are associated with this idea ago we made a decision that we were sure—I know we are going to hear more of the jobs bill—which I support ele- going to take some risk, we were going naysaying, but the bottom line is the ments of, as I mentioned; very impor- to try to move the country forward, proof is in the pudding. That article I tant—but the issue when it comes to save an industry that was struggling just read from gives us that. limiting the itemized deductions for that employed people in this country Mr. President, I, again, thank you for charitable contributions and mortgage and was competing worldwide. the time and the opportunity to say a interest for families earning over Folks on the other side said we were few words about the jobs bill, my con- $200,000, again, I think this is not a going to create a disaster by our ac- cern, where I want to lay my marker well-founded idea. I recognize the ad- tions, we would destroy the economy, down, but also to speak about the suc- ministration is trying to find ways to we would sink this industry. The list cess we have had on taking some votes pay for things, but this is not, in my went on and on—all the complaints. that were tough votes and the success view, a good idea or a smart move. But as I read the headline in the Wall we have had to move this economy for- When we think of a family, some Street Journal from yesterday, it ward—not as fast as we all would like, might say: A family making $200,000 is reads: ‘‘Automakers Now Import but better than I think what the folks wealthy. I will tell you, if they have a Jobs.’’ said on the other side who just say nay, couple kids in school and are trying to ‘‘Import jobs,’’ what does this mean? say no to everything. figure out their future, after they fig- This means they are bringing jobs back So let me end there, Mr. President. ure out the deductions, their health to this country. They specifically men- I yield the floor back and suggest the care costs, and everything else, $200,000 tion Japan and China. absence of a quorum. disappears very quickly. We need to en- Now, 3 years ago, I could read a dif- The PRESIDING OFFICER. The sure that the deductions for mortgage ferent headline: Auto Industry on clerk will call the roll. interest and charitable contributions Their Deathbed, never going to survive. The assistant legislative clerk pro- continue for these middle-class fami- Maybe we would only have one auto ceeded to call the roll. lies at the level they can take a benefit company left. We now have three. Ac- Mr. SANDERS. Mr. President, I ask from. tually, if we look at the numbers, unanimous consent that the order for So for those three or four items I Chrysler is 27 percent up over the pre- the quorum call be rescinded. have a concern with the way the pay- vious year in sales; GM, 20 percent up; The PRESIDING OFFICER. Without fors or the tax increases to pay for the Ford, 9 percent up. The American auto objection, it is so ordered. jobs bill are being handled. I know industry is doing well because of what UNEMPLOYMENT CRISIS there is new discussion. I am glad there we did here. Mr. SANDERS. Mr. President, this is new discussion because it would be Some called it a bailout. I disagree. country faces many problems. But I difficult for me to support any jobs bill What we did was partner with industry think if we go out on Main Street, if we with a pile of these new taxes or tax in- to help them get over the hump, the re- go out to rural America, if we go to my creases that are being proposed. This cession, the struggle. They are paying State of Vermont, what people will tell would not be in the interest of my con- back every dime the Federal Govern- us is, the major crisis we face is we stituents in Alaska. It would not be in ment loaned them, and they are profit- have a massive problem with unem- the interest of my industries that work able. They are hiring people. They are ployment. hard in Alaska, creating jobs not only growing the industry, and they are Some people will suggest that unem- in our State but across this country. bringing jobs back to this country. ployment is 9 percent in this country.

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.018 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6287 That is not quite accurate. If we look can pull the middle class out of the ter- portunities, we have to be willing to at the numbers for those people who rible recession they are suffering. work together. This week we saw a have given up looking for work, if we I think the job is a major jobs pro- long-awaited but still a real example of look at the numbers for those people gram now for our country, rebuild our that kind of bipartisanship when Presi- who are working part time when they infrastructure, transform our energy dent Obama submitted the three pend- want to work full time, we are looking system, ask the wealthiest people in ing trade agreements. They have been at a situation where 16 percent of the this country to start paying their fair pending for 3 years and we have lost American people are unemployed or share of taxes. Let’s end many of these opportunities in those markets for 3 underemployed. That is 25 million tax loopholes and breaks that large years. But in fairness to the President, Americans. corporations have. We can fund a seri- for at least the first 2 of those 3 years, The job of the Congress now is to ous jobs program and put millions of the House of Representatives would not start putting those people back to our people back to work, which is have passed these agreements. But work. That is what we have to do. something we absolutely have to do. they would pass them now, and they There is an enormous amount of work I yield the floor. will pass them now, and so will the that needs to be done. Virtually every The PRESIDING OFFICER (Mrs. Senate—I am hopeful as early as next American who gets into his or her car HAGAN.) The Senator from Missouri. week. That creates opportunities in understands that our infrastructure is JOBS CREATION Missouri, where I am from, and across crumbling; that is, roads and bridges. Mr. BLUNT. Madam President, as we the country. Talk to mayors all over Vermont and discuss what we should be talking I have worked closely with our col- in the United States of America, and about—how to get more people back to leagues. Senator PORTMAN and I put a they will say they are having major work—there are a lot of different ap- letter together from Republicans who problems with their water systems. If proaches on how we get there. But I told the White House we are willing to we look at our rail system in this coun- hope we can reach the decision that we work on the trade adjustment assist- try, it is way behind Europe, Japan, need to do the things in government ance as part of the package, if that is and China. We need to rebuild public that allow private individuals to make what it takes to get these trade agree- transportation and have a 21st-century the decisions they make to create jobs. ments sent to the Capitol. And we did. rail system. Our Federal debt has reached, of Those trade adjustment agreements So if you put people to work rebuild- course, a record high. It continues to have now passed the Senate and are ing our crumbling infrastructure, re- grow every day. National unemploy- ready to move forward with the trade building our transportation system, ment is lingering around 9 percent. bills. These free-trade agreements you are going to make the United Home prices have plummeted in almost would mean an additional $21⁄2 to $3 bil- States of America more productive, every community in America. Gas lion in agricultural exports every year. you are going to make us more com- prices and health care costs have sky- Every billion dollars of agricultural ex- petitive internationally, and you are rocketed. ports is an estimated 8,000 new jobs. going to create the millions of jobs we On the energy issue my friend from These are the places where we can get desperately need. It is stunning to me Vermont was talking about, the short- the jobs: trade, travel, tourism, energy. that we have not moved aggressively in est path to more American jobs is more This is not that complicated a formula, terms of job creation. That is exactly American energy. I am not opposed to but the government cannot continue to what we have to do. any of the green jobs he was talking stand in the way of all of those things If we put $400 billion into infrastruc- about. I wish to see us have all of those moving forward. ture, we can create millions and mil- jobs, if they can eventually be a com- In Missouri, exports accounted for 5.4 lions of good-paying jobs, we can make petitive part of an energy environment. percent of our gross domestic product our country more productive and more I think they can. But I think we should in 2008. Companies in our State sold internationally competitive. Every sin- also focus on the jobs that power products in nearly 200 foreign markets. gle year we are importing and spending America today. Since 2002, exports have increased about $350 billion on foreign oil, bring- Even if we knew what the country three times faster than the rest of our ing that oil in from Saudi Arabia and was going to look like energywise 30 economy. That is one State in the mid- other foreign countries. As we move to years from now, it would take a long dle of the country working to be com- energy independence, as we break our time to get there. I am for more Amer- petitive in the world. dependence on fossil fuels, moving to ican energy jobs of all kinds. For 50 The passage of these trade agree- energy efficiency and sustainable en- years we have not met the marketplace ments will increase trade for soybeans, ergy such as solar, wind, geothermal, need with what we could produce. But for beef, for corn, for pork, for dairy biomass, we can create millions more the marketplace need is always there. products, for processed food, for fish, jobs. It is always there in a bad economy, it all of which we produce in our State, It seems to me at a time when the is always there in a good economy. plus all kinds of manufactured prod- middle class is disappearing, at a time Let’s meet that need. Certainly that ucts which in South Korea, in Colom- when poverty is increasing to a record- can mean more solar and more wind bia, and Panama, given the choice of breaking level, at a time when people and more biofuels and more anything two products on the shelf, the Amer- in every section of the country are say- else we can think of. It also needs to ican product is still a product that con- ing we need to put our people back to mean more shale gas and more shale sumers in those countries will choose work, now is the time to do that. oil, more using the fossil fuel deposits even with some disadvantage. Imagine Last year I introduced the concept such as coal that we have as we move what will happen when we eliminate which said, let’s have a surtax on mil- toward a different energy future, and more of that disadvantage. lionaires. The reason I said that is the to do that in a way that allows us to This week the bill on the floor—I wealthiest people in this country are continue to be competitive. think this bill that concerns me about becoming wealthier. Their real effec- If our utility bill doubles in the mid- managing China currency, but only if tive tax rate is the lowest in decades. I dle of the country where the Presiding the President does not disagree with am very pleased to see that the Demo- Office of the Senate today and I are what the Congress has passed—has cratic leadership is moving forward in from, we are not as competitive, and I much greater potential to start a trade that direction. don’t think we lose the jobs we lose to war than it does to solve any given As we create the jobs we need by re- Massachusetts or to California. I think problem. I am not here to defend the building our infrastructure, by trans- we lose those jobs to places that care a Chinese or its leaders or its trade prac- forming our energy system, it is abso- whole lot less about what comes out of tices. In fact, one of those practices lutely appropriate that at a time when the smokestack than we do. where you make a product in China the gap between the very wealthy and At the same time, jump-starting our and there is already a finding that that everybody else is getting wider that we economy will require bipartisanship. If product is somehow unfairly being im- ask the wealthiest people in this coun- we are going to compete in a global ported or exported in the WTO agree- try to help us fund job creation so we economy and help create economic op- ments, and so you put another a label

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.019 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6288 CONGRESSIONAL RECORD — SENATE October 6, 2011 on it that says it is from somewhere farmers cannot let dust from their I suggest the absence of a quorum. else, sometimes called transshipment, farm go to another farm. I was raised The PRESIDING OFFICER. The Senator WYDEN and I have a bill, the on farms and around farms. You cannot clerk will call the roll. ENFORCE Act, that would deal with farm without dust. You cannot harvest The bill clerk proceeded to call the that, and it deals with that specifi- a crop without dust. You cannot farm roll. cally, directly, and actually will in the mud. You cannot contain the The PRESIDING OFFICER. The Sen- produce a result. I look forward to that dust that is part of farming. It is the ator from Oregon. bill being on the floor. kind of rule that simply does not make Mr. MERKLEY. Madam President, I I am proud to cosponsor Senator sense. ask unanimous consent that the order HATCH’s alternative to the bill that is There is a rule on boilers that would for the quorum call be rescinded. on the floor this week that, in fact, is impact universities and hospitals as The PRESIDING OFFICER. Without objection, it is so ordered. multilateral. It involves other coun- well as sawmills and other facilities Mr. MERKLEY. Madam President, I tries plus the WTO, plus the IMF, in a that generate their energy from indus- discussion that might actually produce rise today to speak about the issue of trial boilers. creating jobs in America—more specifi- a real result of what the various coun- There is a cement regulation. cally, the loss of jobs that has been tries in the world, including China, are We are not going to have the kind of driven by the unfair trade practices of doing as they manage their currency in recovery we want in this country with- China. The bottom line is this: Chinese ways that may not be found to be fair out a recovery in housing. in the foreign marketplace. The House recently passed a bill that manipulation of currency is a tariff on American products and a subsidy to But we need results. We do not need would require the administration to Chinese exports, greatly legislation purposes of using up time evaluate the economic toll of the new disadvantaging manufacturing in when we have so many important EPA rules on cement and other indus- America and destroying thousands of things we could be doing. I have co- tries. The House also is set to take up sponsored the Affordable Footwear Act American jobs. a bill that would delay the cement When we look at our challenge, it is with Senator CANTWELL. That will ease rules for at least 5 years. You are not the tax burden on American consumers not to simply strengthen the overall going to have a construction industry economy, often measured by the gross who unknowingly pay up to 40 percent if you do not have access to products duties on retail costs that cover this domestic product. Our challenge is to that make sense to build things out of. strengthen the American family, the fi- import duty or the shoe tax on shoes I have said for some time that we made outside the United States. All of nancial foundations that depend upon a ought to have a moratorium on all of good living-wage job. So every proposal those bills represent ways we can level these regulations. In fact, I am cospon- the playing field for American workers, we consider should be weighed by soring Senator COLLINS’ bill to call a for American job creators, and spur whether it creates jobs or destroys timeout on new major regulations and jobs. That is true in times of a robust economic growth right here at home. give employers the certainty that they Another topic we should be focused economy. It is particularly true now need to create new jobs in an environ- on is Federal regulation and regulation when we have a persistent high unem- ment that they understand what it is that simply does not make sense. I ployment rate, when families have have met lots of job creators in Mis- going to be like as those jobs have a been battered not just by the loss of souri even this year, and certainly in chance to become permanent jobs. jobs but by the loss of equity in their This is an easy solution to help job past years. But this year more than homes, by the loss of their health care creators. But instead, we are talking any other, they want to talk about the that went with their jobs, by the loss of about the jobs bill. Almost all of the regulators. They want to talk about their retirement savings—all of these the air rules, the utility MACT rule, President’s speeches on the jobs bill at a time when the price of things fun- the cross-State air pollution rule, that are in politically competitive States. I damental to families keeps going up. could cause as much as 15 percent of am wondering if that is not a 2012 po- There are many who looked to the our coal-producing energy plants to litical strategy instead of a 2011 legis- opening of China as an opportunity to shut down. When they shut down, that lative strategy. have a vast market for American prod- means the price goes up. I know it is a There are 1.7 million fewer American ucts. Indeed, many continue today to philosophy of many in the current ad- jobs since the President signed the first talk about China in terms of the mar- ministration that our problem is that stimulus bill into law. We do not need ket opportunities for American prod- our energy is not expensive enough, stimulus 2. We need to do the things ucts. But the picture has changed dra- but I do not find any Missouri families that encourage private sector job cre- matically over the last decade, and we, who are sitting down at the kitchen ators to create private sector jobs. as policymakers here in the Senate, table looking at their utility bill and Let’s vote on the bill. Instead of this must recognize that change: that China saying, the problem here is this bill is debate we are having this week on has become a vast manufacturing en- not high enough. What we need to do to China currency, let’s vote on the Presi- terprise, that it has done so through a solve our energy problem is raise this. dent’s bill. He said in, I think, Dallas deliberate manufacturing and export Nobody is saying that—even though last Tuesday, late morning in Dallas: strategy, and that strategy is destroy- the cap-and-trade legislation that Let the Senate at least vote on the bill. ing jobs in the United States of Amer- passed the House in 2009 would have So the minority leader, Senator ica. doubled the utility bill in Missouri in MCCONNELL, came to the floor and said, Over the last 10 years, China has about 12 years. let’s vote on the bill. We are ready on reaped benefits, but it has not upheld A lot of things work at today’s util- our side. Let’s vote on the bill. Let’s its end of the bargain. Indeed, one piece ity bill that do not work later. Under get beyond the ‘‘pass the bill,’’ let’s see of the deal is that they would create a the new EPA regulations on cross- if the votes are there to pass the bill so rule of law that they would enforce re- State air pollution, the Ameren Elec- we can get to the things that will get strictions on the theft of intellectual tric Company announced that they will the country going again. property. But I can tell you that when be forced to close two of their coal- These regulations and this talk of we took a bipartisan delegation to fired plants by the end of this year. Not higher utility bills and higher taxes China earlier this year, led by the ma- modify, not redo, close. The only thing put a big wet blanket on the entire jority leader, company after company that makes sense is to close those economy. This discussion of who we are told us the stories of their products plants. The people who get the utility going to be puts a big wet blanket on being stolen by Chinese enterprises, bill will know those plants are closed the entire economy. Let’s take that and not just the design of their prod- because they are going to be paying a blanket off and do the things at the ucts that were then replicated and sold higher price. Electric rates could rise government level that allow private without the appropriate patents but 20 percent in some areas in a very short job creators to do what they can to cre- also the software. time. ate private sector jobs. I hope we can If you want a simple example of this, Fugitive dust. There is actually a get on with the business the country take Microsoft Windows and its prod- rule the EPA is talking about where needs to get done. ucts and its Office suite. Only about

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.024 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6289 half of the copies used by the official the world, for China’s trading partners, for from the deliberate distortion of the government in China are legal copies, China, for us, to try to alter that basic prac- international trading regime that was and outside of the government, only a tice. supposed to benefit both nations but, very small fraction of the copies are Well, certainly we have the Secretary in fact, has become a powerful inter- legal copies. That is just the beginning of the Treasury echoing that we have a national tool for stealing jobs from the of the vast intellectual theft where challenge that is hurting America and United States of America and under- China has not upheld its end of the bar- that we need to respond to that chal- mining the success of the American gain to create a rule of law and stop lenge. That is why we have this bill on worker. the outright thievery of American in- the floor addressing the Chinese manip- Let’s take a look at paper. Just a few tellectual property, damaging Amer- ulation of currency. months ago, Blue Heron, a company ican companies. This is not the only strategy China that has operated for nearly a century Second, we have the Chinese-pegged uses. They also, through their use of in Oregon, shut down. It is a paper currency. Now, when a country pegs its rules, use a strategy of holding down company. They shut down for one sim- currency to another, as they have their interest rates below the inflation rate. ple reason: because the Chinese cur- currency to the dollar, they can do so This means any Chinese citizen who rency manipulation and the Chinese di- and adjust it periodically according to puts their money in a state-controlled rect subsidies to those who manufac- market influences; they can decide to bank—and that is the only option they ture paper for export in China com- end the pegging and let it float, which have—loses value every year on that pletely undermined the market for then you get a real market valuation money. This is sometimes given the manufacturers in the United States. So or they can deliberately keep printing fancy name of ‘‘financial repression’’ the lives of these American workers money to sustain a situation in which by economists—where they repress or are destroyed. The workers owned Blue the currency is undervalued. And that hold down the interest rates. But let’s Heron. When they got notice they were is exactly what China has done. When call it something a little more under- going to have to shut down because of they make their currency cheap, what standable: insurance rate manipula- these Chinese subsidies and Chinese they do is make their products much tion. That is done in order to allow the currency manipulations, they basically less expensive to other nations. That is central bank—the Chinese banking sys- were completely out on the street—no equivalent to subsidizing their exports. tem—to reap great revenues, which health care after the Friday they shut When they make their currency cheap they can then take to subsidize their down, no severance payment. Indeed, and make dollars very expensive, it is manufacturing. They do this through a they are having to start from scratch— equivalent to putting a tax on Amer- series of grants and through a series of workers who are 40, 50 years old start- ican products, a tariff on American subsidized loans. ing from scratch—in an economy where products. An American entrepreneur was in my there are no jobs to be found. But they While much of America has thought office the morning before yesterday are not alone. Paper companies across of the World Trade Organization as one talking about how an individual he the United States have been shutting that created a platform for free trade knows went to China and started out down for exactly the same reasons. or even a level playing field, that is far negotiations with China, where they Let’s take the case of wind turbines. from the truth. The truth is that China offered him a 3-percent interest rate on Wind turbines imported into China are has been allowed to sustain a pegged money to operate his enterprise. They subject to a 10-percent tariff, while currency that puts the equivalent of a ended up offering a negative 3-percent wind turbines imported into the United 25-percent tariff disadvantage to Amer- interest rate. In other words, they States are subject to only a 21⁄2-percent ican products and a 25-percent subsidy would pay him to take the money in tariff. Why do we—on top of everything to Chinese products. order to bring that manufacturing to else I have noted—add to the injury by There are those in this Chamber who China. In other words, take his plant putting a lower tariff on their imports have come to this floor and said that to out of the United States and bring it to than they put on ours? challenge the Chinese tariff on Amer- China. They would pay him to do that. Can someone in this Chamber explain ican products is to launch a trade war. That is a vast subsidy. to me why shutting down manufac- My friends, do you not realize that the That is not the only subsidy. The turing in the United States and open- Chinese tariff on America is a trade grants, the subsidization of water ing manufacturing in China and piling war and that they are winning this war costs, and the subsidization of elec- on lower tariffs on a country that is al- and they are destroying American jobs tricity—all these subsidies—have a big ready subsidizing its exports and al- while vastly increasing their own pro- impact. If we go to the WTO Web site, ready putting a tariff on ours makes duction? If not, please go to China and we will see how it summarizes the any sense? I certainly would be very in- talk to American companies and talk structure of the WTO. Under the sec- terested in that explanation. I think to the American companies that have tion called ‘‘Subsidies,’’ they note: the workers in an industry that would been shut down in America. We have [Subsidies] are prohibited because they are otherwise be manufacturing these wind lost 3 million manufacturing jobs since specifically designed to distort international turbines in the United States would be 1998, a little bit over a decade. Not all trades, and are they’re therefore likely to very interested in the explanation. of that is the consequence of Chinese hurt other countries’ trade. China doesn’t give our wind turbines practices, but a great amount of it is. So the plan was, when subsidies were a fair chance to be used in their energy We must not stand by trying to pre- used deliberately to distort inter- products. Let me read this quote from tend that the world is one way and that national trade, they would be out- 2009 regarding the award of contracts China represents solely a market and lawed. Guess what. China is ignoring on Chinese projects. not a manufacturing competitor when this. China is flaunting this. They are . . . all multinational firms bidding on Na- the truth is they are a fierce compet- required to disclose each and every tional Development and Reform Commission itor using industrial policy and a year all the subsidies they provide to projects [were] quickly disqualified on tech- pegged currency to outcompete Amer- their manufacturing, and they do not nical grounds within 3 days of applying. ican products, to penalize American do it. They did it once in 2006, a very In other words, a nontariff barrier in products. minimal disclosure. China was added, on top of everything In terms of the currency manipula- Why is it we continue to believe we else, to make sure that only Chinese tion, our Secretary of the Treasury have a structure that facilitates mutu- manufacturers would have a chance to said this: ally beneficial trade in the WTO when get the contracts. Whatever your definition of manipulation China, through currency manipulation Let’s turn to solar—solar voltaic is, what matters is the currency is under- and direct subsidies to exports, is panels. The whole technology was in- valued. They are intervening— breaking every key aspect of the WTO vented in the United States, but we can Referring to China— framework with hardly a protest from see that over the last 3 years the tre- to hold it down. That adversely affects our the United States? mendous subsidies to solar in China are economic interests, and there is an over- We have on the floor a bill which destroying the American industry. One whelmingly compelling economic case for says we will no longer turn our head of the few remaining manufacturers is

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.026 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6290 CONGRESSIONAL RECORD — SENATE October 6, 2011 SolarWorld. It is located in my State— floor. That is why this bill before us threat—in particular he is an extor- the State of Oregon. In the span of less must be passed—to give the President tionist and, they claim, he is a rapist. than 10 months—from 2009 to 2010— greater leverage and to send a message By the way, they had never said this three major manufacturers shut down, to China that we are now fully paying before until the case came back to destroying hundreds of jobs—jobs that attention at a level we should have a them. By the way, he is also a Zionist, would not be restored. decade ago. The fact we have not paid which in and of itself, according to SolarWorld is incredibly efficient. attention is water under the bridge, them, is punishable by death in Iran. They are working with American tech- but we are paying attention now. If That is where the case stands today. nology. We should be building and sell- anyone cares about having an Amer- There have been reports time and ing these solar panels to the world, but ican middle class, with living wages for again about what has been happening we aren’t going to be able to do so if workers, then I ask them to fully sup- in Iran with this case. His lawyers have China—using their manipulated inter- port this bill. The trade war China has now been publicly saying they expect est rates to produce funds for grants been carrying out, decimating manu- to know by Saturday whether their cli- and subsidized loans—continues to vir- facturing in our Nation, must not go ent will be executed in Iran, quite tually pay folks to ship their manufac- without full debate and a full response. frankly for the crime of not just being turing into China and discriminates I thank the Chair, and I yield the a Christian but of converting others to against American products. I want floor. Christianity. SolarWorld to be there not just next The PRESIDING OFFICER. The Sen- Obviously, this is an outrage. I am year but 10 years from now or 20 years ator from Florida. glad to see that the voices from this from now. That will not happen if we Mr. RUBIO. Madam President, I ask government and from all over the don’t address this massive assault on unanimous consent to speak as in world have expressed themselves American manufacturing. morning business. against it. But I think it is important Because China has failed to disclose The PRESIDING OFFICER. Without for us to express ourselves against it its subsidies, as required under WTO, I objection, it is so ordered. for another reason. This is a time when Americans in this Nation have increas- have proposed an amendment to the IRAN bill—an amendment that will not be Mr. RUBIO. Madam President, I ingly been asked to turn to inter- national bodies to resolve disputes. heard because a deal cannot be worked stand here to talk about the case of an Let’s visit that for a moment because out to allow amendments on this bill. I abuse of another kind than we are cur- we have international bodies and we am very disappointed in that. This rently speaking of with regard to China have international conventions that amendment simply says, if China or and its currency manipulation. Youcef Iran has signed—particularly two. One any other country under the WTO fails Nadarkhani was arrested in October of is the Declaration of Human Rights. to do the notification of subsidies that 2009 in Iran. I will read the charges They signed it in 1948. The other is the is required, our U.S. Trade Representa- against him, pursuant to a document International Covenant of Civil and Po- tive will do a counternotification, put- signed by two judges, and I will say litical Rights. They signed that in 1966. ting those subsidies on the table. That their names because I think one day Any nation that signed on to these cov- way we can see exactly what they are they will be held accountable: Morteza and we can be part of this debate. It is enants—any action like this in the Fazel and Azizoallah Razaghi. I think I courts of your country are unconscion- the beginning of holding China ac- got the pronunciation right. Here is countable for breaking the WTO rules. able, illegal. They violate these agree- what the document says, as reflected in ments. This is not a Democratic amendment a news article: ‘‘Mr. Youcef and it is not a Republican amendment. I hope we will see some action on the Nadarkhani, son of Byrom, 32 years part of the United Nations and nations This is an amendment about the future old, married, born in Rasht in the state such as Russia and China, for example. of the middle class in America, the fu- of Gilan, is convicted of turning his Of course it would be difficult for China ture of the worker in America. I am back on Islam, the greatest religion to speak out against oppressing reli- pleased to have Senator ENZI as my the prophesy of Mohammad at the age gious minorities when they do that chief cosponsor and additional col- of 19,’’ the document states. quite often in that country as well. But leagues from across the aisle—Senator The article goes on to say: that being said, we are interested in BARRASSO and Senator SNOWE. I am He has often participated in Christian wor- seeing where some of these countries pleased on this side of the aisle to have ship and organized home church services, will be on this matter. We are obvi- Senators NELSON, SCHUMER, and LEVIN evangelizing and has been baptized and bap- ously very encouraged that the Euro- tized others, converting Muslims to Christi- as cosponsors. That pretty much spans pean Union has spoken about this mat- the spectrum of opinion in this Cham- anity. He has been accused of breaking Is- lamic Law that from puberty . . . until the ter. We would like to see some of these ber, where everyone agrees China other countries step up. We would like should be held accountable. If they are age of 19 the year 1996, he was raised a Mus- lim in a Muslim home. During court trials, to see the United Nations take a break subsidizing their manufacturing, which he denied the prophecy of Mohammad and from figuring ways to sanction and they are, they have to disclose it, and the authority of Islam. He has stated that he take on Israel and maybe focus a little they are not. We can have a better de- is a Christian and no longer Muslim. During bit on these sorts of things, where peo- bate about how to end their rule-break- many sessions in court with the presence of ple are facing a hangman’s noose be- ing under the WTO if we have that in- his attorney and a judge, he has been sen- cause of their religion. formation. tenced to execution by hanging. By the way, in Iran this sort of thing In closing, I just wish to note that He was sentenced to hanging for this is not just happening to Christians. this debate should have happened a alleged crime, and that is what he has Not only Christians feel oppressed, but decade ago—it should have happened 5 been convicted for. That conviction non-Shiite Muslims experience great years ago—because over that timespan was upheld by an appeals court in oppression. we have continued to hemorrhage jobs, Gilan in September 2010. But here is the greater point. Beyond we have continued to hope China would In July, the Supreme Court of Iran this outrage, let me say I encourage ev- apply the rule of law on intellectual overturned the death sentence. Again, eryone to pray tonight for the safety of property, we have continued to hope this is according to media reports. Youcef Nadarkhani and his family. We they would end their manipulation of They did not overturn the conviction, hope this will resolve itself. We hope, their currency, we have continued to just the death sentence, and sent the in that nation and in that Government hope they would end their illegal sub- case back to his hometown of Rasht. of Iran, there are reasonable people sidies and the undermining of Amer- Here is what has happened since it has who realize what an outrage, what an ican products. Those hopes have not gone back to his hometown. atrocity, what a human rights viola- been realized. China has not chosen to The deputy governor of that province tion, what a crime it would be for this honor the framework that was estab- says, while he is guilty of apostasy, man not just to be sentenced to death lished. So while we hope, American that is not why he was sentenced to but even to be in jail. workers are losing their jobs. That is death. They have come up with some We should be sorry for the people in why we have to have this debate on the new charges. They say he is a security Iran. It is hard to believe that the vast

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.027 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6291 majority of people in that country Government of Taiwan to purchase 66 tion is not a carefully negotiated bipar- agree with us. In fact, they look at F–16C/D models of fighter aircraft. Why tisan agreement. And I hope my col- their government and say: You are iso- is this important? It is important for leagues who shared my concerns—or lating us from the world. all sorts of reasons, one of which Rob- shared the concerns the chairman of If the people of Iran want to know ert Kaplan recently pointed out in an the Finance Committee argued ear- what it is that is isolating them from op-ed in the September 23 edition of lier—will find an opportunity to sup- progress in this 21st century, they need the Washington Post: port this amendment on the merits to look no further than Tehran and the By 2020, the United States will not be able today because I think it is very impor- people running that government. It is to defend Taiwan from a Chinese air attack, tant. sad because I think, going back to 2009, a 2009 RAND study found, even with Amer- The chairman of the Foreign Rela- the evidence is there that especially ica’s F–22s, two carrier strike groups in the tions Committee also argued at the young people in that country just want region and continued access to the Kadena time against my amendment on the to have normal lives and live in a nor- Air Base in Okinawa. TAA bill. He said it was unprecedented mal country. Instead, their country is The United States will not be able to for the Congress to force the White being run by individuals who think this defend Taiwan. So it is very important House’s hand when it comes to foreign sort of thing is OK. that we sell Taiwan, at no taxpayer ex- military sales. The fact is, I remind my By the way, I also point out to lead- pense—it is cash money coming from colleagues, the Taiwan Relations Act ers in places such as Venezuela and the Taiwanese Government to the that passed and was signed into law in other nations of Latin America who so United States that happens to sustain 1979 makes it clear that Congress has a warmly welcome leaders from Iran thousands of jobs right here in Amer- very important role to play. The Tai- when they visit that this is whom you ica—that we sell them these F–16s so wan Relations Act says: are doing business with. I encourage they can defend themselves. The President and the Congress shall de- those people in Latin America to turn Dan Blumenthal, in an October 3, termine the nature and quantity of such de- to their leaders and ask them: Why do 2011, article published by the American fense articles and services based solely upon we have a relationship with people like Enterprise Institute, lists what he calls their judgment of the needs of Taiwan. . . . this? Why are people like this being in- the top 10 unicorns of China policy. He This is the law of the land. vited to come into our countries and do says in the article: Unfortunately, I do not believe the business with us and tour our streets as A unicorn is a beautiful make-believe crea- administration’s policy when it comes heroes? ture, but despite overwhelming evidence of to selling defensive weaponry to Tai- This is who they are. Forget the rhet- its fantastical nature, many people still be- wan, that their agreement that we oric, put everything aside, if you want lieve in them. should just upgrade the existing fleet to know what the leadership and Gov- He lists the top 10 unicorns of U.S.- of F–16s is adequate to meet the de- ernment of Iran is about, it is about China policy. The No. 2 unicorn relates mands of the Taiwan Relations Act. this. This is who they are. I can think to the subject of this amendment, and This chart, taken from Defense Intel- of no other case before us today with it is entitled ‘‘Abandoning Taiwan will ligence Agency public materials, shows regard to Iran that more clearly out- remove the biggest obstacle to Sino- the incredible shrinking Taiwan air lines the monsters we are dealing with American relations.’’ In other words, force. Taiwan’s projected fighter fleet within that government than this case rather than antagonize China, Com- over time goes from roughly 400, as I have outlined. munist China, by selling 66 F–16C/D part of a total of 490 combat aircraft. I believe there is a broader conversa- models to Taiwan, some might suggest As you can see, the F–5 is an obsolete tion to be had about what Iran means. we should withhold and not make that American aircraft, basically because of There is a lot going on in the world, sale, as the Obama administration has needed repairs, replacement parts, and but what is happening in Iran is impor- apparently at least decided to do for it is basically not dependable anymore. tant, and Iran’s neighbors know it. now, because we do not want to antago- The French Mirage 2000, it is esti- Whether they will admit it publicly, nize China. If we antagonize China, our mated, will basically drop off the chart Iran’s neighbors know what a danger relationship will deteriorate. But, as shortly after 2015 or so. Then we see that government and its vision for the Mr. Blumenthal points out, rather than the F–16 A/B models, which the admin- region and the world poses. basking in the recent warming of its istration says we should upgrade, and But I think this case is one we should relationship with Taiwan, China has roughly 150 of those will be basically all speak out about. The eyes of the picked fights with Vietnam, the Phil- the remaining Taiwan air force, down world should be turned to this case. It ippines, Japan, South Korea, and India. from a total of roughly 400 fighters is an absolute outrage, and there is no He goes on to say: today. Actually, the administration’s way in the world we should stand by It doesn’t matter what obstacles the proposed upgrade will essentially take and allow anyone to be silenced or any- United States removes, China’s foreign pol- some of these F–16s offline, a whole one to be silent, particularly our allies icy has its own internal logic that is hard for squadron of F–16A/Bs, during the retro- around the world and other countries the United States to shape. Abandoning Tai- fitting period, further diminishing the and members of the so-called inter- wan for the sake of better relations is yet number of aircraft available for Tai- national community. It is time to step another dangerous fantasy. wan to defend itself. to the plate and condemn these acts be- As my colleagues may recall, I intro- The Taiwan Relations Act was a re- cause Youcef Nadarkhani should not— duced this amendment earlier on the sponsible decision in response to a de- not only should he not be facing a trade adjustment assistance provisions, cision of the executive branch of the death sentence, he should not even be the TAA, and the distinguished chair- Federal Government that Congress in jail. man of the Senate Finance Committee, happened to disagree with. Congress I yield the floor. from Montana, quoted Ecclesiastes to can disagree with the administration The PRESIDING OFFICER. The Sen- make the point that it was not the and force the administration’s hand ator from Texas. right time. He said, ‘‘For every thing when Congress believes it is appro- Mr. CORNYN. Madam President, I there is a season.’’ He also indicated priate to do so. The Taiwan Relations would like to address the Senate on an that my amendment might derail the Act was one example of that. That de- amendment I have to the pending legis- carefully negotiated bipartisan agree- cision was based on President Carter’s lation, which will be familiar to my ment on trade assistance. I did not diplomatic recognition of the People’s colleagues because it is similar to a bi- agree with him at that time because Republic of China and the breaking of partisan bill Senator MENENDEZ of New my amendment was related to trade diplomatic relations with Taiwan. Jersey and I have introduced, a stand- because these F–16s represent an export Congress had a different view and alone bill. It is called the Taiwan Air- for the U.S. economy that creates jobs wanted to make sure the freedom of power Modernization Act of 2011. right here at home, in addition to its the Taiwanese people was secure, so we It does something very simple but importance for other reasons. passed bipartisan legislation which was very important: It requires the United But now the reason for that objection ultimately signed into law by Presi- States to respond to a request by the no longer exists. The pending legisla- dent Carter.

VerDate Mar 15 2010 01:49 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.029 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6292 CONGRESSIONAL RECORD — SENATE October 6, 2011 But what is great about the Taiwan Strait, with China having some 2,300 The assistant legislative clerk called Relations Act and the relationship of operational combat aircraft and Tai- the roll. the United States with Taiwan is it has wan with 490 operational combat air- Ms. AYOTTE. Mr. President, I ask always enjoyed strong bipartisan sup- craft, including 400 fighters, as part of unanimous consent that the order for port. This is not a partisan issue at all. their air force. the quorum call be rescinded. Here is what former Senator Jesse The fact is we know China doesn’t The PRESIDING OFFICER. Without Helms said about it 20 years after the tell the truth when it comes to its de- objection, it is so ordered. passage of the Taiwan Relations Act: fensive and national security expendi- Ms. AYOTTE. Mr. President, I ask It is a bit of a rarity when an issue comes tures. It shows only a fraction of what unanimous consent to speak as in up that brings Jesse Helms and Ted Kennedy it spends as it projects power across morning business for 15 minutes. together. the world to follow its economic needs The PRESIDING OFFICER. Without I never served with Senator Helms. I and interests. objection, it is so ordered. did serve with Senator Kennedy. I can Let me quote the Taiwan defense DEFENSE AUTHORIZATION assure you, from what I know about minister. Earlier I quoted another Tai- Ms. AYOTTE. Mr. President, I rise Senator Helms and his record, that was wanese official. Taiwan’s defense min- today to address the majority leader’s an understatement. ister said: refusal to bring the Defense authoriza- tion bill to the floor. On Monday, the He said: The F–16A/B fleet upgrade package and the Majority leader came to the floor and But this was precisely such an issue. Sen- F–16C/D fighters purchase have different ator Kennedy, Senator Goldwater, and I— needs and purposes. It is not contradictory acknowledged the importance of bring- along with Congressman Wolff, Derwinski to have both cases done. ing the Defense authorization bill for- and others—set out to ensure that after hav- Last Friday, September 30, a member ward. He said, ‘‘It is vital that we get ing their treaty of alliance tossed in the of the House Armed Services Com- to this bill and pass it.’’ trash can, our friends in Taiwan would be I could not agree more. That is why mittee, who happens to be of the other left with far more than the vague verbal it is nothing short of outrageous that party, met with President Ma in Tai- promises the Carter administration was of- the majority leader is blocking this fering Taiwan. So we went to work and the wan. According to the official press re- important bill from being debated and result was the Taiwan Relations Act. lease by the Government of Taiwan, passed by the Senate based on mis- I believe my amendment is a natural President Ma commented that: guided objections that the administra- extension—actually, a fulfillment—of The upgrades of the F–16A/B series aircraft tion has raised to a bipartisan provi- the Taiwan Relations Act and a reaffir- are aimed at extending the life of fighter jets sion in the Defense authorization bill and avoiding a lack of spare parts due to the mation of the bipartisan leadership the which addresses how we detain and Senate has brought, which originally age of the F–16A/B series. Meanwhile, [Tai- wan] wishes to purchase F–16C/D fighter jets treat terrorists who are captured under brought Senator Kennedy and Senator to replace its aging fleet of F–5E fighter jets. the law of war. Helms together way back in 1979. We The American people and our mili- That is in red here, the aging F–5E should not depart from that strong bi- tary men and women deserve better. fighter jets. partisan tradition of supporting our The 2012 National Defense Authoriza- President Ma explained, ‘‘Therefore, ally in Taiwan and providing the defen- tion Act addresses many essential the objectives of the two are different.’’ sive weaponry they need in order to de- issues for our warfighters. I want to Let me leave with one final com- fend themselves so the United States mention just a few of the important ment. Several of my colleagues have will not have to fill that gap. measures that the majority leader is argued the Obama administration During the debates on the trade as- blocking from consideration by failing could approve the sale of the F–16C/D sistance authority bill, the Senator to bring this bill to the floor. The bill from Massachusetts and distinguished series at a later date, but that is actu- ensures that our warfighters have the chairman of the Senate Foreign Rela- ally not the case. The F–16 production weapons they need to win the fight, tions Committee, argued that Presi- line recently received a small order ranging from small arms and ammuni- dent Ma of Taiwan is happy with the from the Air Force of Iraq to sell Iraq tion to tactical vehicles to satellites. administration’s decision merely to up- F–16s, but without additional orders Some examples include advanced heli- grade the existing F–16A/B models and the production line will soon be shut- copters and reconnaissance aircraft, as not to replace the F–5s and Mirages ting down. The people who are working well as combat loss replacement. It and other aircraft that are fast becom- there will be laid off or reassigned helps ensure that our soldiers and their ing obsolete. The Senator from Massa- other jobs. We are rapidly approaching families have quality housing. The au- chusetts went so far as to say at the a point at which the President of the thorization gives our wounded warriors time that ‘‘the President of Taiwan has United States will not be able to ap- better access to educational opportuni- said [the approved package] is entirely prove the sale of new F–16s because ties. adequate. He feels they have the defen- they will not be able to be manufac- The bill enhances the deployment sive capacity necessary under the [Tai- tured because the production line will cycle support system and reintegration wan Relations Act] in order to be able be shut down. I hope my colleagues will for our National Guard and Reserve to defend themselves at the current keep this in mind as they consider my given how much they have done in sac- level with the upgrade we are pro- amendment. rificing with the multiple deployments Even if the production line was not viding.’’ they have endured. It strengthens over- The facts are the government of Tai- an issue, why should we make our al- sight of our taxpayer dollars that are wan needs both the existing F–16A/B lies in Taiwan wait? Why would the being used for reconstruction projects models upgraded through this upgrade United States tell our friends to come in Afghanistan, and it ensures that our but also the 66 additional F–16C/D air- back later? Well, as I said, the chair- money does not continue to be fun- craft that are the subject of my amend- man of the Finance Committee quoted neled to our enemies. ment. To quote Taiwan’s foreign min- Ecclesiastes during our last debate. What is so disappointing is that the ister, he said: Allow me to conclude with some wise majority leader is willing to prevent words from Proverbs: passage of the Defense authorization Our government will continue to work closely with the United States to strengthen Do not withhold good from those to whom bill, which addresses these essential our national defense and security . . . by it is due when it is in your power to act. needs I have talked about for our urging the United States to continue its Do not say to your neighbor, come back to- warfighters and our soldiers, because arms sales to Taiwan with needed articles morrow, and I’ll give it to you when you al- the Obama administration does not and systems for our defensive capabilities ready have it with you. like one provision of the bill, the de- . . . including F–16C/D aircrafts and diesel- To that, I hope my colleagues would tainee provision of the bill that was electric submarines. give a hearty amen. passed overwhelmingly by Senators Again, to remind my colleagues, this I yield the floor and suggest the ab- from both parties who serve on the is a familiar chart from the last time I sence of a quorum. Armed Services Committee. offered this amendment, which shows The PRESIDING OFFICER (Mr. If the majority leader insists on pre- the growing imbalance of the Taiwan COONS). The clerk will call the roll. venting the Defense authorization bill

VerDate Mar 15 2010 04:12 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.030 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6293 from coming to the floor this year, 2011 Of course, the irony is that in a place dressed in the Defense authorization would be the first year since 1960 in where we rarely agree on anything, the bill related to both our national secu- which the Congress has not passed the detainee provision that is holding up rity and to our warfighters? Defense Authorization Act. In over 50 this bill the administration has ob- I believe those issues deserve to be years, this would be the first time this jected to actually received over- addressed by debating and passing this bill has not been passed by this es- whelming support in the Armed Serv- bill. I also believe the American people teemed body. ices Committee—25 out of 26 members deserve to know all of the facts about Let me say that again. Here is where of the Armed Services Committee where we are with respect to our deten- we are: in the midst of two wars, with voted for this detainee compromise. tion policy with terrorists. our brave sons and daughters, husbands That rarely happens around here. I I have to tell you, as a new member and wives fighting in Iraq and Afghani- think it shows this was a thoughtful of the Armed Services Committee dur- stan—and I am the wife of a combat compromise and that members of both ing the last 8 months and having our veteran who served in Iraq—with our sides of the aisle worked hard to ad- military leaders come before that com- country facing a very serious threat dress this important issue. mittee, when I have asked them about from radical Islamist terrorists, this This compromise was actually a com- our detention policy and how we are would be the first time in a half cen- promise put together by Chairman treating terrorists we have captured, tury in which we have not passed the LEVIN of the committee, ranking mem- how we are gathering intelligence from National Defense Authorization Act. ber JOHN MCCAIN of the committee, and them, what we are doing to protect the It would be shameful to not bring for- Senator LINDSEY GRAHAM, who also has American people, I have been shocked ward the Defense authorization bill to substantial experience in the Guard as to learn that 27 percent of the terror- the floor and to pass it, after robust de- a Judge Advocate General attorney. ists we have released from the Guanta- bate, where Senators from both parties The overall Defense Authorization namo Bay detention facility have actu- can amend it, we can talk about it, and Act passed out of the Armed Services ally returned to the battle or we sus- we can let the American people know Committee 26 to 0. How often does that pect have returned to the battle to what is in this bill. happen around here, that every single harm us and our allies. I met recently with the sergeant member of the Armed Services Com- Too many former Guantanamo Bay major of the Marine Corps. Sergeant mittee from both sides of the aisle, Re- detainees are now actively engaged in Major Barrett shared with me the sto- publicans and Democrats, and Senator terrorist activities and are trying to ries of several marines serving our LIEBERMAN an Independent, that we all kill Americans. Former Guantanamo country. I cannot discuss all of them, voted to pass this bill? Yet this bill detainees are conducting suicide bomb- but I want to give a few examples. One that is so important to our national se- ings, recruiting radicals, and training is Sergeant Ramirez, a squad leader as- curity and to our warfighters is being them to kill Americans and our allies. signed to the 1st Battalion 5th Marines held up right now from being consid- Said al-Shihri and Abdul Zakir rep- in Helmand Province in Afghanistan. ered and brought to the floor. resent two examples of former Guanta- Sergeant Ramirez has a hook as a In this era of partisanship, the Amer- namo detainees who have returned to left hand. In February of 2006 Sergeant ican people want us to work together, the fight and have assumed leadership Ramirez lost his hand when he was and that is what we did. As a result, positions in terrorist organizations wounded in action while serving in Iraq not a single member, as I mentioned, that are dedicated to killing Ameri- with the 3rd Battalion 5th Marines. voted against the final bill. That is not cans and our allies. Now he is leading patrols in Afghani- Said al Shihri has worked as the No. to suggest that every member of the stan. He wanted to go back and serve 2 in al-Qaida in the Arabian Peninsula. Armed Services Committee got what our country. Talk about bravery. Talk Abdul Zakir now serves as a top they wanted in that compromise. I was about courage. Taliban military commander and a someone who fought hard in the com- There is also Sergeant Gill at senior leader in the Taliban Quetta mittee for the compromise to be tough- Quantico and Corporal Pacheco at Shura. Camp Pendleton and thousands of er on terrorists. Can you imagine having to tell a But I respect that we came together other soldiers, sailors, airmen, and ma- mom or a dad that their son or daugh- rines who after being injured on the as colleagues to come to this com- ter was killed in Afghanistan by a ter- battlefield have continued to serve promise and to move forward on the rorist whom we released from Guanta- their country. They are doing their Defense Authorization Act so it could namo Bay? jobs with skill and courage in this 10th be brought for full consideration for Given the facts, I understand why the year that our country is at war. I just every Member of the Senate. If the ma- majority leader and the Obama admin- wish we would show half, even a quar- jority leader were to bring this com- istration don’t want to talk about our ter of the courage of our military men promise to the Senate according to detention policy, but as John Adams and women in taking up the important normal and well-understood proce- said, facts are stubborn things. The issues that need to be addressed to pro- dures, every Member of this Senate, in- American people deserve to hear this tect our country, and many of them cluding the majority leader and my- debate and to have us address this are addressed in this Defense Author- self, would have the opportunity to de- issue through the Defense Authoriza- ization Act. bate it, to amend it, and to vote on the tion Act. That is why I am on the floor today. Defense authorization bill, including Under our Constitution, we have a I think it is so important this bill be the detainee compromise I just ref- fundamental duty to protect the Amer- brought forward and we have a debate erenced. ican people and to provide for our over it; that we are allowed to amend I may be new around here, but I must warfighters. it and allowed to pass it to make sure ask: Why isn’t the majority leader We owe it to our military men and our military men and women know we bringing this forward? I know he is women to take up the Defense Author- are fully behind them. clearly doing the administration’s bid- ization Act right now. Majority Leader I know the majority leader has said if ding on these detainee issues. But why REID, as the leader of this esteemed we just drop the detainee provision in would he prevent the American people body, should allow that to happen so the bill that he would bring forward from hearing this important debate? we can fulfill our responsibility to the the Defense authorization bill. But this Why would giving terrorists greater American people. is not how this body is designed to op- rights to our civilian detention and Let me conclude by urging the ma- erate. If Senator REID and the adminis- court system, which seems to be the jority leader to bring the defense au- tration do not like the detainee provi- administration’s position, be more im- thorization bill forward for debate, for sion in the bill, Senator REID should portant than ensuring that our amendment, and for passage. In the move to amend it or vote against the warfighters have the right weapons and midst of two wars, it is time Congress bill rather than prevent the entire De- equipment, or ensuring that our does its job and provides for our fense authorization from being consid- wounded warriors get better access to warfighters and their needs. ered. That is how the Senate is sup- educational opportunities, and all of Sergeant Ramirez, Sergeant Gill and posed to operate. the other important issues that are ad- Corporal Pacheco and the thousands of

VerDate Mar 15 2010 03:21 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.032 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6294 CONGRESSIONAL RECORD — SENATE October 6, 2011 other soldiers, marines, sailors, and in world history, where a large number minute with a bid 20 percent under airmen of our All-Volunteer Force de- of companies in one country—this their bid. That meant I don’t know how serve no less. country, the United States—shut down many jobs that didn’t stay in America I yield the floor and suggest the ab- production in Steubenville or Spring- but went to China, and that 20 percent sence of a quorum. field and moved production to Wuhan was given to them because of currency. The PRESIDING OFFICER (Mr. or Xi’an, China, and sell the goods back As Senator MERKLEY said on the Sen- SANDERS). The clerk will call the roll. to the United States. So it is a business ate floor yesterday, this currency ad- The bill clerk proceeded to call the plan for many companies to shut down vantage given to the Chinese because roll. production here, move overseas, and they purposely keep their currency de- Mr. BROWN of Ohio. Mr. President, I sell the product back. To my knowl- ask unanimous consent that the order valued means when we sell products edge, that has never happened the way made in our country—made in for the quorum call be rescinded. it has in this country in the last dozen The PRESIDING OFFICER. Without Whirlicote, OH—to China, they have, in years, since permanent normal trade objection, it is so ordered. effect, a 25-, 30-, 35-percent tariff be- Mr. BROWN of Ohio. Mr. President, I relations was approved here to set the cause of the currency undervaluation. rise, first, to thank my colleagues, in- stage for China’s entry into the WTO. When the Chinese sell a product into I remember—and the Presiding Offi- cluding the Presiding Officer, for sup- Chillicothe, OH, they get a 25-percent cer was in the House when I was—when porting cloture today. It is the second bonus or subsidy—25 or 30 percent. So that debate happened in 1999 and 2000. major step in this body, passing the that is why we have seen this huge What I remember is, the largest cor- largest bipartisan jobs bill we have trade deficit grow by multiples of porations in America were—the CEOs seen in this body in years. The bipar- something like three or four times. were walking the Halls of Congress and tisan jobs bill has the potential to cre- Last week, there was a column by doing the bidding of the Communist ate or save around 2 million jobs, with- the former president of the National Party of China, the People’s Republic out cost to taxpayers, because it is Association of Manufacturers, Jerry of China, and they were saying that simply standing up for American com- Jasinowski. He was president during putting China in the WTO would mean panies and American workers. For a the time of this debate in 2005. He has China would follow the rule of law. change, we put American workers and watched as members struggle with this They also said they couldn’t wait until American manufacturers first. disadvantage of the currency manipu- It is important to, for a moment, they could get access to 1 billion Chi- lation. He wrote this week that Con- consider how we got here. This effort nese consumers, although 5 years later gress is ‘‘belatedly stepping up to the did not begin this week or even this it was apparent they wanted access to plate on China’s currency manipula- year. Efforts to combat Chinese cur- 1 billion Chinese workers. But the tion.’’ He called this currency manipu- rency manipulation have been under- whole idea of putting China in the WTO lation ‘‘an assault on U.S. manufac- way for over half a decade. It began in was to have them live under the rule of turing’’ that is ‘‘having a deadly im- earnest around 2005. Since then, the law and practice trade under the rule pact on the overall economy.’’ of law, and that is what we have not situation has grown worse for workers Because these companies have lived and businesses. In 2005, there was an in- seen. We have simply not seen the Chi- with this, more than 300 companies tense debate inside the National Asso- nese follow the rule of law. have signed a petition in support of ciation of Manufacturers, which was That is why so many economists, in- cluding Republican economists and this legislation according to the Coali- representing a whole range of Amer- tion for a Prosperous America. We can ican manufacturers, from the small Democratic economists, and including some economists who worked for Presi- see companies such as McAfee Tool & tool and die shop in Akron to the me- Die in Ohio, and we highlighted some dium-size manufacturing company in dent Reagan and some economists who worked for President Clinton and of the ones in different Senators’ Toledo, to GM, Ford, and other huge States and lots of national organiza- manufacturers. The division was small- President Obama—the ones who are looking at sort of an expansive world— tions, lots of State and local organiza- er companies, generally—not in every tions, and hundreds and hundreds and case, of course, but smaller companies say things like Fred Bergsten of the Peterson Institute—a pretty much pro- hundreds of companies are supporting generally supported taking action this because they know—and all kinds against currency manipulation with free-trade, middle-of-the-road organiza- tion—who said: of organizations know—this isn’t work- China. Larger companies, many of ing for American companies. It is not which had already outsourced produc- Some American corporations will fret that these actions— working for American manufacturing. tion to China, generally were opposed It is not working for American commu- to standing up to the Chinese. That These actions meaning regulations on dealing with this currency issue, as nities or American workers. was because the Chinese are well I had mentioned what happened up known for punishing companies that our bill does— until 2005. In 2007, Senator STABENOW of are doing business in China if those that these actions would needlessly antago- Michigan, a Democrat; Senator SNOWE, companies actually criticize the Chi- nize the Chinese and threaten a trade war. I believe these fears are overblown. The real a Republican from Maine; Senator nese Communist Party Government. threat to the world trading system is in fact ROCKEFELLER, a Democrat from West So it was an interesting, if unholy, the protectionist policies, including under- Virginia; and Senator Bunning, a Re- alliance between some of America’s valued currencies of other countries, and the publican from Kentucky—of those four, greatest, best known, largest, longest vast trade imbalances that result. only Senator Bunning has left the Sen- existing companies. There was an un- And Bergsten went on to say: ate—created the Fair Currency Coali- holy alliance between them and the Not since World War II have we seen a tion, which pulled together manufac- Communist Party of China—something country practice protectionism to the degree turers and labor united to address a se- that would have made, perhaps, Henry the People’s Republic of China does. rious problem. We can see some of Ford turn over in his grave. Nonethe- We were talking earlier about the those here. less, that is what happened. Some of split in the National Association of these companies actually left the orga- Manufacturers—and I am not making In the 111th Congress, the Senate in- nization—the smaller ones—because too much of it. Most companies didn’t troduced several bipartisan bills. Sen- the larger companies dominated an or- leave. But some of the smaller compa- ator SNOWE and I worked this year on ganization like that. They paid the big- nies, which may or may not have left, countervailing duties, legislation simi- gest dues and are the most influential have suffered greatly during the gam- lar to what the House of Representa- people in the country. Some of the ing of the currency system. tives passed, providing industries a smaller companies left partly because Let me cite one example: the Bennett remedy when it comes to imports that they have to stay in a community and brothers’ Automation Tool & Die in are proven to be subsidized by currency do their manufacturing and supply Brunswick, OH, a city about 25 miles manipulation. Since then the Senate components to companies that outside of Cleveland. The Bennett combined Senator SNOWE’s and my bill outsourced these jobs. brothers run this tool-and-die shop, with that of Senator SCHUMER and Sen- What is interesting—and we have Automation Tool & Die, and they had a ator GRAHAM into the bipartisan legis- talked about this—it has become al- $1 million contract they thought they lation we have today. most—not almost, it has become a were about to sign with a new cus- This bipartisan legislation is a no- business plan, perhaps unprecedented tomer. The Chinese came in at the last cost job creator. In fact, it is better

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I think there are ing money doing it, we are obviously But whenever we act like we are going complicated and longstanding frustra- saving on the budget deficit. to do that, it is so predictable what the tions that have built up with a lot of The Economic Policy Institute says Chinese Government will say: Trade Senators and a lot of people in America this is more than job creating, and it war. Trade war. Then some Members of that bring us here to this moment on will create more than 1 million jobs. If the Senate will stand up and say: Trade the Senate floor. we have 1 million people going back to war. Trade war. But just because the As chairman of the Foreign Relations work, that means 1 million people who Chinese say there is going to be a trade Committee, I have a reluctance to see aren’t drawing unemployment benefits, war, they always bluster like that. us engage in an effort that I think can who aren’t filing for food stamps, and So as certain as the Sun was going to put other interests at risk in certain who aren’t getting any other kinds of come up on Tuesday morning after the ways. On the other hand, I have voted subsidies. They are working and paying vote Monday night—which was 79 to to allow and help this legislation to taxes, and that, obviously, is why we 19—the People’s Bank of China, the reach the point of postcloture because can’t cut our way to prosperity. We Ministry of Foreign Affairs, the Min- I think it is an important debate and have to grow our way to prosperity and istry of Commerce—like all birds fly- because I think China needs to care- grow our way to a more balanced budg- ing off a telephone wire when one bird fully think about the process and the et. does—said this is protectionism, this is substance of what people are saying on So that is what this is all about. And a trade war, and all the kinds of things the floor of the Senate. I would quote a couple of other peo- they say. But just because they say it This is a very complicated relation- ple—Republicans. DAVID CAMP, the Re- isn’t necessarily what they are going ship, with enormous interests on both publican chairman of the House Ways to do. They want us to believe they are sides, and we need to avoid a con- and Means Committee, who has sup- going to do that because far too often frontation in a lot of different ways. ported this measure in the past, said American politicians—Presidents espe- There are a lot of different kinds of the bill doesn’t ‘‘presuppose an out- cially—will back down. confrontations—trade, physical con- come,’’ but sends ‘‘a clear signal to This bill will begin to help us do frontation in the South China Sea and China that Congress’ patience is run- what we should be doing in this coun- the straits and elsewhere, confronta- ning out, without giving China an ex- try, and that is following—as the Pre- tions over human rights in Tibet—and cuse to take it out on U.S. companies siding Officer has said so many times there are a lot of issues at play. But and workers.’’ before and fought for—real manufac- with respect to the trade issue, China Mitt Romney, Presidential can- turing policy. Thirty years ago, in the has a huge interest in the United didate, Republican, former Governor of early 1980s, between 25 and 30 percent States being able to export more effec- Massachusetts, said taking action to of our gross domestic product was man- tively to China. remove protectionist market distor- ufacturing. Today it is only about 11 China has an interest in its middle tions wouldn’t result in a ‘‘trade war,’’ percent. Those manufacturing jobs cre- class growing in its purchasing power but failing to act will mean the United ated an awful lot of middle-class fami- and expressing that purchasing power States has accepted ‘‘trade surrender.’’ lies in Garfield Heights, OH, and in through consumption. One of the That is exactly the point because the Norwood, OH, and in Grove City, OH. things China needs is its own higher strongest objection to this bill and the Today a lot of those families struggle level of domestic consumption. It is most frequent and compelling argu- because they have lost their $14-, $15-, saving too much. One of the reasons it ment from, apparently, the three $18-, and $20-an-hour job making saves too much is it doesn’t have a Democrats and the, I guess, roughly things. Instead, they are working in a safety net structure of any kind, real- three dozen Republicans who opposed service industry, which never pays as ly, so people do save. That is the na- the vote a couple of hours ago is that much and never has the spinoff effect ture of life there. But at the same this bill declares a trade war; that it of job creation that a good manufac- time, I think China is seeing a slow- would lead to some kind of trade war. turing job has. down of its own economy now. One of So I am thrilled about this vote I first want to remind everybody lis- the reasons for the slowdown in China’s today. What makes me even more ex- tening that the United States is al- economy is the fact that we have had a cited is I think it is the beginning of ready in a trade war. When we see the slowdown in our economy and our abil- the United States having a more coher- trade deficit in 10 years triple with a ity to consume, and the American con- ent manufacturing strategy. We are country that is not playing by the sumer is paying off debt, wisely, and the only wealthy country in the world rules, it is pretty clear there is a trade consuming less of the goods brought in that doesn’t have a manufacturing war going on, and they are winning in strategy. While all of our trade com- from China. So it all is interconnected. so many ways because we are buying so China is also our biggest banker. petitors practice trade according to China is critical to our ability to deal much from them, and they are buying their national interests, we practice with our current economic challenge in so little from us. Yes, our exports have trade according to a college textbook many ways—and Europe’s, I might add. increased over the last 10 years, but that is 20 years out of print. only marginally. Our imports from I am hopeful those days are behind Both Europe and the United States China are just growing much more rap- us, and I especially thank Senator would benefit significantly with a new trade relationship with China. idly. GRAHAM and Senator SESSIONS for their In the end, common sense says the stance and making a difference on this That is what I want to talk about for Chinese aren’t going to initiate a trade vote today. I think this is the begin- a moment. I believe in trade. I have war. You don’t initiate a trade war if ning of something much better for our supported trade here. I don’t believe in you are China—they might threaten country. unequal trade. I don’t believe in unfair to—because we are their biggest cus- Mr. President, I yield the floor. trade. I believe in enforcing the agree- tomer. One-third of Chinese exports The PRESIDING OFFICER. The Sen- ments we have. If you look at NAFTA, come to the United States. They have ator from Massachusetts. for instance, NAFTA had side agree- way more to lose than we do if they Mr. KERRY. Mr. President, how ments—side agreements on the envi- initiate a trade war. much time is being divided now or is it ronment, side agreements on labor We can predict it, like we can predict divided? standards—and they were never en- the Sun will come up. Whenever we The PRESIDING OFFICER. The Sen- forced. People have a right to be angry stand up to the Chinese—when Presi- ator has up to 1 hour under cloture. if they see an agreement that is made dent Clinton or President Bush or Mr. KERRY. Well, Mr. President, I and then parts of it are enforced, parts President Obama would sort of do a yield myself such time as I may use of it are not, and they see their jobs go

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So I think it is important to have cused strategy of China’s to just keep about virtuous and unvirtuous cycles, trade that is fair and sensible. on pushing, take advantage of every- it is about as unvirtuous as you can get You are not going to grow your econ- thing you can, and you get a little nib- in that economic relationship. omy trading with yourself—no way— ble against you here and there at the Now, conflict, in my judgment, is not particularly if your overall population WTO, a little nibble over there, that is the best way to resolve our tensions. growth isn’t growing that fast and you really just an inconvenience on the Making clear how we feel and what we are a mature economy. Economics just road to a kind of trade domination that think the reality is and what is impor- doesn’t work that way. You need newer is bad for everybody. tant in our relationship is critical. markets and other places to expand. So That is why I am here today. That is Some of our colleagues have come to I believe it is important for us to rec- why I have voted for this legislation to the floor to argue that our two coun- ognize that the world’s trading system come to the floor, to have this debate. tries are already in a trade war. Others only works if the participants treat This debate is an imperfect stand-in for have come to the floor to say this bill each other fairly. the broader discussion we need to have is going to trigger one. I don’t agree Over the last decade, our national de- about our economic relationship with with either view. I don’t think either bate on the costs and benefits of trade China. The truth is that our bilateral one of those views is correct. has intensified, and, frankly, the un- relationship is both filled with promise If we were in a real trade war with easy alliance, the uneasy consensus and plagued by complex challenges we our largest lender, let me tell you, they that had been created from the 1980s have to overcome for the good of both would be doing a heck of a lot more forward with respect to trade is being countries. damage than the misalignment of cur- frayed right now, is being frayed for The Chinese market is a huge and rency is currently doing to us. understandable and clearly definable growing opportunity for American The specific remedy proposed in this reasons. firms, obviously. Despite the hurdles to legislation is neither as dramatic nor The American worker is not seeing entry—and there are hurdles—China is as offensive as some people have said. their wages go up. There are a lot of still our fastest growing export market This is a pretty carefully structured reasons for that: the unfairness of our today. People had better think about piece of legislation, and I think the Tax Code, the inability of people in this as we go forward. language has been chosen in a thought- America today to be able to bargain I am convinced that the key to ful way and the remedies that are the way they used to, the lack of an America pulling itself out of this eco- available under this bill are not as dra- NLRB and a court that uphold the nomic challenge we are in today and matic as some would suggest. It rights of labor to be able to negotiate— the key to Europe pulling itself out is doesn’t propose raising tariffs on all a whole bunch of reasons people are for the United States and Europe to ac- Chinese goods. It only proposes in- disadvantaged today. One of them is tually work out, almost formally, a creasing tariffs on those Chinese goods the fact that you have this unfair com- new and better relationship with re- that receive an unfair advantage from petition. spect to trade with China, as well as an undervalued currency and then com- In order to keep the consensus that with the other fast-developing coun- pete with American-made goods here in allows Americans to say: Yes, trade is tries—Mexico, South Korea, Brazil, the United States. It is a pretty lim- a good thing, it has to be a good thing. India—because if those societies will ited and targeted message. And that is And to be a good thing, it has to be fair allow us adequate entry to market and within our rights. If the yuan is prop- and it has to result in people’s lives if those societies will purchase more erly valued, that will simply not be being improved by it, meaning their from Europe and the United States, necessary. That is China’s decision, wages go up, their job gets better, and then we will export more, manufacture China’s choice. their opportunities are better. But ev- more, and come out of the economic I would much prefer a negotiated, erything has been working in the oppo- doldrums. That reverberates to China’s multilateral solution, as I described, site direction. I think that is why so benefit, also, because their investments involving this new relationship, a new many of our colleagues feel a responsi- in the United States become more se- trade relationship on a global basis, bility to come to the floor on this leg- cure, because our debt goes down, be- which I think would send an extraor- islation and make sure that China and cause we have a stronger economy, and dinary message to a beleaguered Eu- others hear from the American people because we are purchasing more in re- rope, where Greece, as we all know, is loudly and clearly. turn from them. What goes around basically fundamentally insolvent, We did this before on a vote we took comes around. needing some kind of a managed, struc- on currency legislation back in 2005. I My hope is that we can agree on fair tured transition hopefully that avoids think China heard us then, and China terms and conditions for trade with a greater crisis in Italy and Spain and began slowly to allow the value of its these rising powers. If we do, we will contagion in their banking system, currency to begin to fluctuate rather create jobs. That is the fastest way we which clearly needs recapitalization, than keeping it pegged tightly to the have to create jobs and pull out of our clearly needs more than the $440 billion dollar. economic doldrums today. The sim- that was put on the table, clearly needs China has taken measures. In fair- plest, fastest, most obvious way to do some kind of a rescue fund with some ness, China’s currency has appreciated this is to be able to access those other very tight kinds of requirements not over the course of the last few years. markets rapidly with American goods dissimilar to what we did in the United Some argue exactly how much—some- and begin to restore confidence to the States in 2008 and 2009 out of sheer ne- where in the vicinity of 27 percent, marketplace so that people believe cessity. My hope is they will do that. maybe 7 percent the last year—but it is they will get a larger return on their Nothing would do more to send a not fast enough, and it is still not fair investment and begin to reinvest in job message of confidence about the future enough. And the fact is that there are creation and in the marketplace. of job growth than to have this new other Chinese trade tactics that con- The current trade model we are oper- trade understanding and relationship tribute to our increasing trade deficit ating under with massive U.S. trade where responsible partners are behav- with China, not just currency. deficits and enormous Chinese trade ing responsibly and accepting responsi- Unfortunately, our efforts through surpluses is not only unfair, it is bility for the global marketplace in multilateral institutions—nobody can unsustainable. So we have to rebalance which we all operate, not just exploit it point a finger at the United States and that relationship. And China’s own but support it, protect it, nurture it. suggest that we haven’t played by the leaders need to understand that their Beyond the currency, there are many rules or that we haven’t gone to the country’s long-term economic health other sources of tension in our eco- global institutions in order to try to absolutely cannot rest on a foundation nomic relationship, and they need to be resolve these differences. We have gone of subsidized exports fueled by an in- resolved. China does not protect ade- to the World Trade Organization, and debted American consumer and the quately our intellectual property in its

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In addition to est economy on the face of this planet, guration was to promote and sign a that, China imposes artificial regu- maybe three times larger than China— partisan big spending stimulus pack- latory barriers to the entry of many of still, even as China is growing. China age. It did not work then and it is not our goods. It fails to crack down on will surpass us. With that reality of going to work now. What we need to do cyber attacks, and it has executed a where China stands today economically is change the economic environment in thinly veiled effort to appropriate key comes major responsibility. No country America to make it more jobs friendly, foreign technologies. On each of these has exercised that responsibility to change incentives to allow for long issues, and others, we have been going through all the last century and into sustained job growth. to the WTO, we have been bringing this century with a greater sense of As I said, it will not be easy, but I be- cases, and we have been winning those purpose and responsibility than the lieve it is doable because, frankly, cases. As I have said, that is not a sub- United States. Hopefully, China will there are things we should have been stitute for this larger fix in the rela- embrace the notion that its new eco- doing all along that will create more tionship that is critical. nomic power brings with it that same jobs and prevent more job losses in the I believe overcoming market access shared responsibility. I hope we can en- future. challenges is actually where we ought gage in the creation of that kind of That is what I wish to talk about. I to be focusing our efforts in China and mutually beneficial relationship. want to unveil my own jobs proposal. also in the other large, fast-growing I reserve the remainder of my time It is a comprehensive, 10-point plan markets. That, as I have said several and yield the floor. that I believe encapsulates much of The PRESIDING OFFICER. The Sen- times, is really the answer—the quick what we should be doing to create more ator from Utah. answer, if you will. We can develop jobs in America. I wish to take just a JOBS CRISIS goods and we can invest in companies few moments to talk about each of the Mr. HATCH. Mr. President, I rise to here, but if we can’t sell the goods to 10 points in my jobs plan. speak about our Nation’s jobs crisis. more than ourselves, we have some se- No. 1, we need to restore fiscal sanity This is a crisis that is real and it is a rious limits on us. It is important for in Washington. Our Nation’s $14 tril- crisis that is not going to be addressed us to be fighting for that market ac- lion debt is an anchor around the neck by the bill currently being considered cess. of every American and a threat to our by this body. It is not a crisis that is I believe that to increase our exports, economic growth and job creation in going to be solved by more tax in- we are going to have to increase our the future. Congress must take mean- creases, as some would have it. It is a competitiveness at home and we are ingful steps to reduce our debt and get crisis that will be solved when Con- going to have to convince our partners America’s fiscal house in order. gress creates the conditions for job cre- to lower their tariffs, remove discrimi- This is something my friends on the ation by giving greater certainty to natory regulatory restrictions on our other side of the aisle do not seem to businesses and individuals and liber- exporters, protect intellectual prop- get—debt and deficit reduction is a jobs ating them to take risks. erty, use scientific standards as the Americans are more than uneasy issue. The failure to get this spending basis for allowing our agricultural about our current jobs deficit. The fail- under control led to a downgrade of our goods to enter, and recognize that ure of this economy to create jobs is Nation’s credit rating, an action that trade in services is becoming as impor- the single most important issue to the will impact our interest rates and im- tant to the modern economy as trade citizens of this country. For years now, pede job growth. The failure to get in goods. We need to make the case whenever I have talked to my fellow spending under control and the con- that doing all of these things is not to Utahns about the economy, their No. 1 stant threat from the other side of the advantage of one country or an- concern has been jobs. Throughout the higher taxes to pay for this historically other, it is to all of our shared advan- country, particularly in those places large government keeps businesses on tage because of the nature of the global that are worse off than my own home the sideline and discourages risk-tak- marketplace in which we live. State, I am quite certain people have ing. The failure to get spending under Countries such as China, India, and the exact, same concern. control crowds out the types of invest- Brazil are stakeholders. Whether or not We have had more than our fair share ments in national defense and infra- they want to admit it publicly, they of posturing on job creation in Wash- structure that actually have some im- are stakeholders in the West’s eco- ington. We heard a speech to a joint pact on jobs. Reining in spending nomic success. They need access to our session of Congress from the President, should be our highest priority. customers. They need access to our in- wherein he demanded passage of this Given the fights we have had over vestors. They want to make deals over jobs bill. Of course, the President’s bill spending in the last year, this goal here. They want to be in joint ven- has no real chance of passing in either may seem to some to be out of reach, tures. They want to own companies. Chamber of Congress. Indeed, Members but I am optimistic. I expect some suc- And their businesses and citizens will of the Senate Democratic leadership cess from the Joint Committee on Def- benefit from strong, sustainable have been quoted publicly as saying icit Reduction that is currently work- growth in the world’s largest econo- they don’t even believe enough Demo- ing on finding significant savings and mies. crats would vote for the bill to pass it currently trying to find a way out of China is an important partner of the in the Senate, with or without a fili- our problems. Members of both parties United States in a lot of ways. It is buster. are on record supporting a balanced also a major investor in the United But not all hope is lost. Members of budget amendment to the Constitu- States. So I don’t think we are here to both parties agree we need to pass a tion, which would ensure greater fiscal rupture that relationship; I think we jobs package of some kind. The Amer- discipline in the long run. This is a are here to send a message to the Chi- ican people demand it and I believe vital element to securing economic nese about the urgent need to repair it. Congress can deliver. However, I am growth and job creation in the future, We want a mutually beneficial rela- not under any illusions. This will be a and we need to act now. As the ranking tionship, an equitable partnership that difficult task, and it will require Con- member on the Senate’s Finance Com- will pay dividends for both countries. gress to recognize some hard truths mittee, I am committed to working And I believe, if we listen to each other and to make some difficult decisions. with my colleagues there to achieve and work in good faith, we can make But if we are serious about job creation meaningful reform of our Nation’s larg- that happen and we can enter into a and not just about campaigning on job est spending programs. better framework of cooperation that creation next year, that is what we are No. 2, we need to expand markets for inures to the benefits and the security going to have to do. U.S. exports by approving the pending

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It is should apply to all Federal agencies. agreements with Colombia, Panama, simply a necessary step forward toward In addition, Congress should have and South Korea, which would increase job creation. greater influence in the regulatory U.S. exports by $13 billion and create No. 5, we need to repeal the Dodd- process and should pass legislation more than 70,000 domestic jobs. Some Frank Act. Again, it would be easy for such as the REINS Act, S. 299, which estimate even higher than 250,000 jobs. our friends on the other side to write would, among other things, require Unfortunately, in delaying submission off this proposal as just partisan pos- Federal agencies to obtain congres- of these agreements, the President turing, but facts are facts. American sional approval for regulations that prioritized his anti-trade union allies companies and small business owners will have significant economic impact. at the expense of the American work- are paralyzed by the excesses of the No. 7, we need to develop America’s ers who stood to benefit from their pas- Dodd-Frank Act which has created energy resources. In the United States, sage. Now that these agreements are massive new bureaucracies, imposed energy is produced by private industry. before Congress, we need to ratify them job-killing mandates, and heaped upon Yet most energy resources are con- promptly. However, we also need to American businesses a slew of regula- trolled by the Federal Government. move forward with a robust trade agen- tions that are choking off job opportu- The Obama administration has aggres- da for the future. nities for Americans. Dodd-Frank is sively withdrawn access to Federal en- Unfortunately, by refusing to seek leading to reductions in the avail- ergy resources and has stalled or pro- renewal of trade promotion authority, ability of credit to American families scribed countless domestic energy the President is undercutting our Na- and businesses and increases in the projects sought by industry. This will- tion’s ability to realize these new trade cost of credit to those who are able to ful inaction by our President has cost agreements. borrow. The price controls required by Americans hundreds of thousands of No. 3, we need to reform our Nation’s Dodd-Frank and by the Dodd-Frank good-paying jobs. It has also cost our Tax Code to allow American businesses interchange amendment are a case in Federal and State governments billions to compete with foreign competitors on point of what happens when govern- of dollars in lost revenues from Federal a level playing field. Rooted in a by- ment wades carelessly into the econ- energy royalties which they share. A gone era, the U.S. Tax Code is anti- omy. recent Wood Mackenzie study found quated, impeding our economic recov- I don’t know why it came as a sur- that if our Nation were permitted to ery and slowing job growth. Our tax prise to anyone that the price controls allow more domestic energy production system is too burdensome, it is too in- imposed by the interchange agreement, in the next two decades, an additional efficient. Fundamental tax reform will drying up a revenue stream for banks, 1.4 million jobs would result and Fed- allow both individuals and businesses would require new fees on consumers. eral and State governments would to focus their efforts on their families Yet I doubt the announcement that enjoy more than $800 billion in addi- and businesses instead of tax compli- banks are eliminating free checking tional revenue. According to the study, ance. There is bipartisan agreement on and increasing debit card fees, a direct it would mean more than 40,000 new the need to fix our Tax Code and if the result of the interchange amendment, jobs in Utah alone. I have worked with my colleagues, President and his party will agree that will result in a long look in the mirror Senator DAVID VITTER of Louisiana and the goal of tax reform should be job for those responsible for this regula- Senator JOHN BARRASSO of Wyoming, creation and economic growth rather tion. Rather, the favored response will on two legislative proposals that would than raising taxes, I think progress can no doubt be more regulation. It is es- reverse the President’s attacks on do- be made. sential that we repeal this fundamen- mestic energy production. The 3–D, Do- No. 4, we need to repeal ObamaCare. tally flawed law to unleash the full po- mestic Jobs, Domestic Energy, and I am certain my Democratic colleagues tential of the American economy by Deficit Reduction Act, that is S. 706, will write this proposal off as blind par- unfreezing much needed credit for and the American Energy and Western tisanship, but to paraphrase President small businesses as well as stripping Jobs Act, S. 1027, will get America Obama: This is not partisanship, it is away new layers of burdensome and in- back in the business of producing its math. ObamaCare’s unconstitutional effective regulations. own energy, creating hundreds of thou- individual health care mandate will re- By the way, I have not mentioned sands of new jobs and billions in new sult in a $2,100 increase in premiums Sarbanes-Oxley, which is adding ac- revenue for Federal and State govern- for families buying insurance on their counting costs and other costs so as- ments. own. Rather than saving money, tronomical to small business that No. 8, we need to help America com- ObamaCare is costing individuals and many of them are not able to hire, they pete by protecting and encouraging in- States more money, including $118 bil- are not able to accomplish what they novation. We must modernize and lion in new costs imposed on States for want to accomplish, and it has stalled make permanent research and develop- Medicaid expansions, meaning that our our economy. That doesn’t mean we ment, the R&D tax credit to help keep States will have to cut other programs don’t need some regulations, but these America on the leading edge of techno- such as education or law enforcement bills have gone way to the excess. logical innovation. to pay for this unfunded mandate. Ad- No. 6, we need to make our regu- The United States once led the world ditionally, ObamaCare will result in latory system more jobs friendly. in research and development incentives over $1 trillion in new taxes and pen- America’s regulatory system is out of when we created the R&D credit back alties over a 10-year period once it is control. Time and again, unelected in 1981. However, in the years since fully implemented in 2014, while still Washington bureaucrats erect walls of other countries have responded with increasing the deficit by $701 billion redtape that place significant burdens their own incentives, and now we rank during that same time. on the job creators. Far too often, busi- 17th behind many of our global com- Collectively, the various provisions nesses are forced to spend time and re- petitors. Senator BAUCUS and I have included in ObamaCare will continue sources trying to comply with unneces- been the prime sponsors of the research to hinder job creation and industry in- sary Federal rules and regulations and development tax credit over the novation by mandating the imposition rather than on growth and develop- years. In order to provide a more level of anti-industry burdens such as a 2.3- ment. With unemployment at over 9 playing field for American companies percent excise tax hike on medical de- percent, Congress needs to ensure that that compete in the global market- vice manufacturers that could result in policies pursued by Federal agencies place, we must provide more certainty job losses of over 10 percent of the de- make it easier for businesses to hire to companies that invest heavily in re- vice industry workforce. That is nearly and do what is necessary to be able to search and development. 43,000 potential lost jobs. Some experts compete globally. There is bipartisan In addition, international infringe- have calculated that nearly 800,000 jobs support for this idea. President Obama ment of U.S. intellectual property

VerDate Mar 15 2010 03:22 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.046 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6299 rights costs American businesses bil- Once again, I am not under any illu- How many times do we hear Senator lions of dollars every year. This affects sions that passing this type of jobs MCCONNELL come to the floor and say, big corporations and small businesses agenda will be easy, but I am convinced The President’s stimulus package was alike. By simply ensuring that our of its necessity. Each of these pro- a punch line on nighttime TV? Well, it trade partners fulfill their inter- posals would achieve a commonsense isn’t a punch line in Peoria. It is dead national obligations to recognize and objective, and most of these ideas have serious because people are working, enforce intellectual property rights, we broad support within Congress and the making a good wage, thanks to the in- can create millions of jobs in this coun- American people. One thing is certain, vestment in small business through try. Starting now, this administration however. We cannot stand by and do government help. must take more meaningful steps to nothing. The people of Utah, whom I I believe, and most Americans be- address this problem and protect Amer- serve, and people across the country lieve, real job creation is going to be in ican job creators. are demanding more jobs. This plan the private sector. Well, look what No. 9, we need to create incentives would accomplish this goal, but not happened here. Because of the invest- and remove barriers for small busi- through government, more regulation, ment of government helping her to buy nesses to create jobs. Small businesses more spending, and more taxes. Rath- this machinery and be competitive, drive the American economy and they er, it would encourage private sector production and manufacturing jobs are the soul of our Nation’s entrepre- job growth by getting government the stayed right here in the United States, neurial heritage. Small businesses cre- heck out of the way. And by ensuring and that is what we want. There are 14 ate two-thirds of the jobs in our Na- greater economic stability in the fu- million people out of work. tion’s economy. As such, they should ture, it would help to maintain the As I traveled up and down my State be at the forefront of our economic re- conditions for robust job creation. of Illinois, I visited some days with covery. To achieve this, we need to en- I yield the floor. those who are unemployed, desperately sure that American small businesses The PRESIDING OFFICER (Mrs. trying to find jobs, and other days with operate in a more business-friendly en- MCCASKILL). The Senator from Illinois. businesses such as Lucas & Sons Steel vironment. Big-government solutions AMERICAN JOBS ACT in Peoria which are doing well. I asked have failed to produce jobs, so it is long Mr. DURBIN. Madam President, I them the key to their success. They ba- overdue that we release the entrepre- wish to follow on the speech made by sically say they have been lucky to neurial power of the private sector to my friend and colleague from Utah have good products and great workers grow our economy once again. We can about the current state of unemploy- and great infrastructure. and must make it easier for small busi- ment in America and what to do about Senator HATCH says, Get government nesses to invest, grow, and create jobs. it. One of the last things he says is, get out of the way. Government has to be For example, Congress could provide government out of the way. I wish to in the way for infrastructure. It is gov- a 20-percent tax deduction for small suggest that maybe, if he has some ernment that builds the highways, the businesses on their income, and Con- time—and I know he is a very busy bridges, the airports, the railroads. gress could repeal the 3-percent with- man—he join me on a trip to Peoria, That is part of what the government is holding requirement for Federal con- IL, where I was last week visiting investing in for the future of our econ- tractors. Both of these ideas would ex- Lucas & Sons Steel Company. This omy. Part of President Obama’s jobs pand job creation among small busi- company has been in business since package is to put Americans back to nesses. 1857. It has 26 employees. The CEO is a work rebuilding basic infrastructure. No. 10, finally, we need to reform delightful, dynamic young woman We need it. We need it all across the America’s labor laws and rein in the named Margaret Hanley. She has, as I Midwest and across the Nation. If you National Labor Relations Board. Con- said, 26 union employees, all iron- think we can afford to get government gress must enact significant reforms to workers. What she does is fabricate out of the way and not invest in infra- our Nation’s labor laws to counteract steel for construction projects all over structure, take a look at what is going the pro-union extremism of the Obama the Midwest and as far away as Antarc- on in China today. In China, our No. 1 National Labor Relations Board, or the tica. As I said, the company has been competitor in the world and our No. 1 NLRB. Instead of allowing the NLRB around over 150 years. creditor in the world, they are building to rewrite America’s labor laws every I asked her, Where do you get your right and left. They are preparing for time a new administration takes office, steel? She said, It is all American steel. the 21st century. They are going to Congress should reform those laws to I asked her, How are you doing? She build 50 new airports in the next 5 provide greater oversight, account- said, Great. She said, One of the rea- years that will accommodate every ability, and judicial review of the sons we are doing great is because of plane of every size made by Boeing Air- NLRB’s decisions. They are usurping President Obama’s stimulus package. craft. That is how big these airports the power of the Congress. They are The President said to American busi- are. There will be 50 new ones. They usurping the power of the courts. The nesses such as hers, you can borrow are building the infrastructure to not fact of the matter is they don’t have money at low interest rates to buy new only compete but pass the United the right to do that, and they are over- machinery that will help you be more States. turning 76 years of solid labor law competitive. She said, Come on, let me When my colleagues on the other side which is slightly in favor of organized show you. We walked in the other come to the floor and say: Get govern- labor. They want to make it totally in room, and here was a computer-driven ment out of the way, what do they favor of organized labor. machine as big as a small room being mean? That we should not be investing In addition, Congress should pass leg- handled by a fellow that was literally in infrastructure to make America islation such as the Employee Rights taking steel girders, boring holes in strong for the 21st century; that the Act, S. 1507, which I introduced in Au- them, and bending them where they businesses, large and small, in Illinois gust to protect the rights of workers are supposed to be bent. She said, I can that need modern, safe highways to who do not want union representation, compete with the big boys with this. move their goods back and forth to to prevent unions from exploiting their We are going to increase the number of market should not turn to government current members, and to ensure that people working at Lucas & Sons Steel. for that help? It makes no sense. His- the NLRB is no longer able to trample Senator HATCH says, Government, get torically we have agreed on a bipar- employee rights via regulatory fiat. out of the way. Thank goodness, gov- tisan basis when it comes to infrastruc- Congress should finally repeal the ernment was there for that company, a ture. We should agree again, and that outdated prevailing wage requirements private company, paying a living wage is part of the President’s jobs bill. in the Davis-Bacon Act or, at the very with decent benefits, that has been Let me tell you what else is in there. least, suspend them until the economy around for a century and a half and is We know America’s working families recovers. Doing so would reduce bur- prospering because they are making are struggling paycheck to paycheck. dens on small businesses, save the tax- quality products out of American steel They took a survey recently, and they payers money and, of course, create with equipment they bought through asked working families in America: more jobs. President Obama’s stimulus package. How many of your families could come

VerDate Mar 15 2010 03:22 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.048 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6300 CONGRESSIONAL RECORD — SENATE October 6, 2011 up with $2,000 in 30 days either out of tween 4 cents and 12 cents. That is to What I find interesting about their op- savings or borrowing? That isn’t an un- process everything. For you to take position to this is, when we ask the reasonable amount of money. A very money out of your checking account American people point-blank: Do you moderate injury in an emergency room with a debit card to pay for a purchase, think to pay for the President’s jobs might cost you $2,000. So they asked what do they charge? On average they bill, to get people back to work, it is them, and it turned out only a little charge the retailer 44 cents. That is reasonable to close tax loopholes and over half of working families had ac- somewhere between 600 percent and 400 ask millionaires to pay a little more on cess to $2,000. It shows you how close to percent of their actual costs. So what their income tax, here is what the poll the edge many families are living. It we did is to say that retailers across says: 64 percent—almost two out of shows you many of them are surviving America deserve a break. With the three Americans—support raising taxes paycheck to paycheck. Although they Federal Reserve establishing the num- on millionaires. How about Independ- work hard, they cannot seem to get ber, we said a reasonable fee is about 24 ents? ABC News poll: Seventy-five per- ahead. cents. That splits the difference, which cent support raising taxes on million- President Obama’s jobs act says this: is the common outcome in Washington. aires. But what about Republicans? These working families deserve a pay- It gives the banks more than they ac- Fifty-seven percent of Republicans sup- roll tax cut of 3 percent. What would tually have to expend to process, but it port raising taxes on millionaires and— that mean? Three percent doesn’t doesn’t hit the retailers hard. hang on tight—55 percent of tea party sound like much, but look what it I went to the Rock Island Country supporters agree with raising taxes on means in Illinois. Our average wage in Market when I was back home in millionaires. Illinois is about $53,000 a year. The 3- downstate Illinois. Carl, the manager, It turns out that the majority of percent payroll tax cut would give to talked about his morning special, a cup Americans at every political level be- these families between $125 and $130 a of coffee and a doughnut at the country lieve this is a reasonable proposal. The month. A Senator may not miss that market, 99 cents. He said, Senator, do only problem is, we can’t find a Repub- amount of money, but for a lot of you know what it feels like when some- lican Senator or a House Member who working families, it is the difference one hands me a debit card for that 99- agrees. They have said they will vote between filling your gas tank and buy- cent transaction? I not only didn’t against anything that includes a penny ing the shoes for the kids to go to break even, I lost money, and I will more in taxes for those who are mak- school. So the President’s payroll tax lose it every time. ing over $1 million a year. cut puts money in the hands of work- We have to give retailers a fighting I think Americans believe we are all ing families to buy the goods and serv- chance. When the Senator from Utah in this together. Everyone has to sac- ices to get the economy moving for- comes to the floor and says we should rifice. Families sacrifice every day. ward. not do that, that we should stand by Businesses are sacrificing, trying to What else does the President sug- the Wall Street banks and the credit stay open and prosper in a rough and gest? He suggests in his jobs act that card companies, I think he lost sight of challenging economy. It is not unrea- we need to provide tax incentives for the fact that Main Street, not Wall sonable to ask those who are doing well small businesses to hire the unem- Street, is where jobs are created in in America to pay a little more so we ployed. One of the things the President America. Helping retailers, large and can get this economy moving forward said when he spoke to us is we ought to small, be profitable, be able to reduce and create jobs. make sure every veteran who served prices on their goods and hire more WALL STREET REFORM our country can find a job when they people is the way for us to emerge from There are two other points raised by get home by offering incentives for this situation and have more people the Senator from Utah I wish to ad- businesses to hire returning soldiers. working across America. dress. One of them is, he said he is That is government involved. We cre- There is great controversy associated against the Wall Street reform package ate that incentive. The Republican side with the fact that President Obama we passed. Do my colleagues remem- says: Get government out of the way. I made a suggestion when he spoke to us ber—it hasn’t been that long ago— don’t think so. These men and women about the jobs bill and when he said to when we were told by the previous who served our country, who risked us: I am going to pay for it. Whatever President that if we didn’t provide al- their lives, who fought for America, I do with this jobs bill, whether it is most $800 billion of taxpayers’ money should not have to come home and extending unemployment benefits, pay- to the biggest banks in America, they fight for a job and lose that fight. We roll tax cuts for working families, a would fail and the economy would cra- ought to stand by them and help them break for small businesses to hire vet- ter? It is a day I will never forget be- find work. That is part of President erans and other unemployed people, we cause it is a stark choice: take $800 bil- Obama’s jobs bill, and it is a reasonable are going to pay for it. We are not lion out of our Treasury with all our part. Cutting the payroll taxes, cutting going to add this to the deficit. He debt and give it to Wall Street banks the taxes that businesses, including came up with a plan to do it. I thought or run the risk of our economy col- small businesses, pay so they are more his plan was reasonable. We have lapsing. Many of us said we will stand profitable and can hire more people is a talked on the Democratic caucus side with President Bush’s proposal. We will reasonable thing to do. and come up with a plan that is more see if we can keep these banks staying I was amused that the Senator from acceptable to our caucus, and I can ac- afloat. Does anyone remember the Utah brought up one of my issues that cept it too. Here is what it is. It is a thank-you note we got from the major I have worked on, and that is the debit little over a 5-percent surcharge on bankers across America for the $800 bil- card swipe fee. If you use a debit card people who are making over $1 million lion in TARP funds? They gave mil- to make a purchase at a restaurant, a a year—a 5-percent surcharge on their lion-dollar bonuses to their officers. grocery store, a drugstore, a bookstore, income tax. These are people who are The same people who were in charge whatever it happens to be, and they making $20,000 a week—$20,000 a week— and who drove their banks into the would swipe that card, the retailer you and the President has suggested they ground and drove the economy into the bought that good or service from has to should pay their fair share. We have ground that forced the taxpayers’ bail- pay a fee to the bank and major credit come up with a more specific ap- out were ending up with millions of card company. Well, it turns out that proach—a little over a 5-percent surtax dollars in bonuses. the fee—the so-called swipe fee—is dra- to pay for what it will take to get the We decided with Wall Street reform matically larger than the actual cost jobs act moving forward and get the to say, once and for all, we are not of the transaction to the bank and economy moving forward, which will be going down this road again. This no- credit card company. to everyone’s benefit, rich and poor tion that some of these Wall Street Let me give you some numbers. The alike, across America. banks and bigger banks are too big to Federal Reserve investigated, and here One would think we said something fail has to come to an end. So we is what they found: To use a debit card heretical—the protests that were re- passed Wall Street reform to try to to make a purchase costs the bank and ceived from the Republican side of the straighten out some of the abuses that credit card company somewhere be- aisle in the House and the Senate. led to this recession. We didn’t get a

VerDate Mar 15 2010 03:22 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.049 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6301 single vote on the Republican side of known that if we couldn’t get basic mittee. Earlier this year, I also had an the aisle—not one. They don’t want the health insurance for our child, it could opportunity to visit China with a num- government to exercise any power of jeopardize the quality of care that was ber of my colleagues and learn more oversight, to police the ranks of those available. We changed that law. We about this issue as we met with their in the financial industry who are not said they cannot discriminate against government officials. dealing with this situation responsibly. children under the age of 18 because of It is clear the efforts of the Chinese That is their position. preexisting conditions. We are moving Government to peg its currency I happen to believe government has a toward eliminating that discrimina- against the dollar give unfair benefits legitimate role. When those banks were tion across the board. Is that unreason- to the Chinese exporters at the expense about to fail, they loved government. able? I think it is realistic and humane of U.S. manufacturers. The United They couldn’t wait to get our money. and it is a good thing to do. States should take additional action to They got the money and survived and The second thing we did was to help pressure their government to reevalu- then gave one another bonuses. The senior citizens getting prescription ate Chinese currency. government said: Now you have to drugs under Medicare who get stuck However, this is not a new problem. clean up your act, and they said: Get with something called the doughnut China currency has been a priority for out of the way. Government is nothing hole. It is a gap in coverage of almost both President George W. Bush and but a big old problem. $2,000 a year that they have to take out President Obama. Through a number of The American people know better. of their savings accounts to pay for ex- venues, including the Joint Commis- We want Wall Street and the big banks pensive prescription drugs. We are clos- sion on Commerce and Trade talks, our to be held accountable. We never want ing that hole over a period of a number officials at all levels have raised this to go down this bailout road again, and of years so seniors will have seamless issue with little response. This experi- I think—and I hope most Americans coverage, start to finish. That is part ence shows that action by the United believe—that oversight of these banks of health care reform. Those who are States alone is not enough. We know is absolutely essential to make sure we calling for its repeal ought to stand other major global trading powers have have money available and these banks and say exactly that they want to get the same concern, but we continue to are sound. rid of that as well. act individually. Just this summer, the HEALTH CARE REFORM We also provide coverage under the German Government made a renewed The last point I will make relates to family health insurance plan for chil- attempt to gain more flexibility in Chi- the health care issue. I see my col- dren up to the age of 26. It expands the na’s currency. The full European Union league from Colorado on the floor, and reach of family health insurance for re- has followed suit, but they, too, have I am happy to yield to him in just a cent high school and college graduates had little gain. But the United States couple minutes. who may not have a job. It is an impor- and the European Union are not the The health care issue is one that is a tant coverage factor that I am glad we only ones concerned about China cur- frequent source of conversation among included in this bill. rency. A number of emerging econo- the political talking heads and elected There is more we need to do. But to mies, including both India and Brazil, officials here in Washington. Recently, walk away from health care reform, to have also made the same plea. So the many on the other side of the aisle walk away from efforts to preserve question I ask now is why are we con- have been holding almost daily press quality and reduce the cost in health sidering a bill that puts the United conferences—one was reported today in care is a step in the wrong direction for States in a position of going it alone? the Washington Post—where they get the quality of life of American families That is one reason I am a cosponsor very worked up over the President’s and for dealing with this deficit chal- of the Hatch amendment No. 680. This health care reform bill, which I was lenge we face. substitute amendment retains the des- proud to support, and say it is the rea- I sincerely hope my colleagues on the ignations included in the underlying son for virtually every problem in other side of the aisle will consider bill that define a ‘‘fundamentally mis- America. joining us in offering amendments and aligned currency’’ while giving direc- Let me tell my colleagues on both modifications to the President’s jobs tion to the administration to pursue sides the reality. Having served on the act. What is absolutely unacceptable is action through multilateral channels. deficit commission, we cannot reduce to do nothing. Unfortunately, many of The amendment also thinks forward by the deficit and the rate of growth in them believe that is exactly what we making the issue of currency misalign- our national debt without coming to should do: Don’t let government get in- ment a priority issue in both our cur- grips with the cost of health care. volved in any respect when it comes to rent trade negotiations and in future Whether it is a family, a business or the unemployment across America. trade agreements. It is important that any level of government, the cost of Whether it is unemployment benefits, the United States not act by itself health care is breaking the bank. What helping working families, giving incen- when it comes to pressuring China on we tried to do, and I think we will do, tives to small businesses to hire vet- this issue. I have found in my experi- is to come up with a fair way to bring erans and other people, putting money ence that when it comes to economic down the rate of growth and the cost of into infrastructure in America—these policy in our globalized world, the mul- health care. I am not naive enough to are things we can and should do to- tilateral approach is the most success- believe we are going to actually bring gether as a nation to bring this econ- ful. That is one reason I do not support down health care costs dramatically. omy forward and to reduce the unem- imposing unilateral economic sanc- What we are trying to do is to slow ployment we are currently facing. tions on any nations. I am hopeful the that rate of growth, and that is some- I yield the floor. Senate will have an opportunity to thing we can achieve. The PRESIDING OFFICER. Expres- vote on and include the Hatch amend- I take a look around at what we are sions of approval are not in order. ment in this bill. faced with when it comes to health The Senator from Wyoming. I also wish to speak about an amend- care and the dilemmas we face, how Mr. ENZI. Madam President, if I had ment I am working on with my col- many people before this health care re- the time, I would contest a few things league from Oregon, Senator MERKLEY. form bill had virtually no protection. my colleague from Illinois said, but I Given that this bill is about enforce- One of the things we did in health care am not going to make a political ment of trade obligations, we filed an reform, which I suppose those who speech; I am going to speak on the bill amendment that would encourage our want to repeal it want to get rid of, that is currently before the Senate officials to counternotify those nations was to say they couldn’t penalize a per- which is the China currency bill. that have failed to report on the gov- son or a family because of preexisting So I rise to speak on the China cur- ernment subsidies that are provided to conditions. Children under the age of 18 rency bill. China’s undervaluation of industries engaged in international could not be denied on a family policy its currency is a serious problem. It is trade and in competition with us. The because of a preexisting condition. an issue I studied when I was a member World Trade Organization agreement Many parents, such as my own family, of the Senate Banking Committee and on subsidies and countervailing meas- have lived through this and have now as a member of the Finance Com- ures establishes base rules for when

VerDate Mar 15 2010 03:22 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.041 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6302 CONGRESSIONAL RECORD — SENATE October 6, 2011 members can provide subsidies. An im- China’s trade-distorting policies that We ask that the Department of Commerce portant element of that agreement for put it at a competitive disadvantage. and the U.S. Trade Representative’s Office compliance is a measure that requires Specifically, China’s VAT rebate on ex- ensure that the soda ash VAT rebate is each country to disclose annually in- ports reduces China’s production costs. raised at the highest levels with Chinese offi- cials at the JCCT meetings this year. The formation about their subsidies. China It undermines U.S. soda ash exports in message should be as clear as it is con- agreed to these obligations in 2001. other markets. Moreover, Chinese soda vincing; namely, China should live up to its However, since joining the WTO 10 ash is produced through synthetic repeated pledge to discourage the expansion years ago, China has only made its re- processes that are both extremely of highly-polluting and energy-intensive sec- quired notification once. That was in harmful to the environment and are tors such as its own soda ash industry. Poli- 2006, and it was largely incomplete. energy intensive. cies aimed at promoting soda ash exports, The amendment we have offered re- China’s manipulation of its VAT re- such as the VAT rebate, are inconsistent quires the U.S. Trade Representative bate has been raised multiple times by with China’s own stated goals and a direct threat to U.S. interests. to use its authority under the WTO Members of this Chamber, as well as We greatly appreciate your consideration subsidies agreement to counternotify a our House colleagues. On May 31, 2011, we asked Commerce Secretary Gary of this request and look forward to your re- nation that has failed to meet this ob- sponse. ligation 2 years in a row. I am told the Locke and U.S. Trade Representative Michael B. Enzi, John Barrasso, M.D., U.S. Trade Representative plans to act Ron Kirk to keep this issue on its David Wu, Joseph I. Lieberman, Robert this afternoon by submitting informa- agenda with the Chinese and fight for Menendez, Cynthia Lummis, Ron tion to the WTO that identifies China’s its elimination. Wyden, Jeff Merkley, James A. Himes, failure to comply with this require- Madam President, I ask unanimous Frank Lautenberg. consent to have printed in the RECORD ment. I am hopeful this will lead to ac- Mr. ENZI. For over 2 years, China has the text of the letter to Secretary curate and consistent reporting by provided its domestic manufacturers those governments that continue to Locke and Ambassador Kirk. There being no objection, the mate- with an artificial incentive to export disregard their trade obligations. rial was ordered to be printed in the through the 9-percent VAT rebate on This problem with reporting sub- soda ash. When this incentive is re- RECORD, as follows: sidies points to the larger issue we moved, a truly competitive market can CONGRESS OF THE UNITED STATES, have with China aside from currency be restored for global exports of soda misalignment. There are other signifi- Washington, DC, May 31, 2011. Hon. GARY LOCKE, ash. I look forward to a lively discus- cant Chinese policies that put the U.S. Secretary of Commerce, sion on this issue when the United United States at an economic dis- Constitution Ave., NW, States and China meet for the Joint advantage and deserve our attention. Washington, DC. Commission on Commerce and Trade One such policy I wish to highlight is Hon. RON KIRK, ministerials this fall. China’s policy of giving value-added U.S. Trade Representative I do not want to underestimate the tax—VAT—rebates to artificially pro- 17th Street, NW. Washington, DC. importance of the China currency mote exports. issue. However, this debate cannot On April 1, 2009, China reinstated a 9- DEAR SECRETARY LOCKE AND AMBASSADOR KIRK: We are writing to express our contin- overlook the significant trade imbal- percent rebate of its 17 percent VAT on ued concerns about China’s use of a Value- ances caused by other Chinese Govern- soda ash exports, another instance of Added Tax (VAT) rebate to promote its soda ment policies that disadvantage U.S. China manipulating commercial out- ash industry at the expense of U.S. exports. industries. If you ask our officials, comes through a government industrial For over two years, China has provided its they will not hesitate to say that the policy. In 2009, during the depths of the domestic manufacturers with an artificial incentive to export through a 9% rebate of currency issue is just the tip of the ice- global economic crisis, China’s soda berg. There are countless tariffs, sub- ash exports increased 9 percent, while the 17% VAT. For a number of reasons, we ask that the issue of the soda ash VAT re- sidies, and nontariff barriers that keep global demand for soda ash was in free bate be specifically included on the JCCT the United States out of China at the fall. That same year, U.S. exports of agenda this fall. cost of U.S. jobs. That is why I am dis- soda ash fell 19 percent. This is just one After suspending its VAT rebate for soda appointed my colleague, the majority ash in July 2007, China reinstated the soda of the countless examples where Chi- leader, has not yet allowed Members to na’s producers pay little attention to ash rebate in April 2009 to encourage its own exports during the global economic crisis. offer the amendments on trade and jobs market conditions and instead are they wish to offer. being driven by artificial incentives to China’s state-supported soda ash industry is the largest in the world and this policy is Our economic policies with China ex- export. harmful to its international competitors, Continuation of such a policy puts tend far beyond the currency issue, and particularly U.S. soda ash manufacturers. As this bill should be the forum to raise U.S. jobs and the soda ash industry at you may know, U.S. soda ash has a natural risk, which is why I have led an effort advantage over Chinese soda ash, based on a and debate those concerns. This bill to have our government press China for manufacturing process that is much more has been sold as a jobs bill and a trade the elimination of the VAT rebate on sustainable in terms of environmental pro- bill and, therefore, should be open to soda ash. tection and energy use than the synthetic amendments about jobs and trade. Al- The U.S. natural soda ash industry processes used in China. China’s manipula- lowing amendments now is especially tion of the VAT rebate to support its domes- employs over 3,000 workers in Wyoming important since this is yet another bill tic soda ash industry also has wider implica- brought directly to the floor without and California, another 100 dock work- tions—not only is it economically unjusti- ers in Portland, OR, as well as railroad fied, it contravenes China’s own interests in the benefit of committee consider- workers who help transport soda ash. shifting energy resources from more produc- ation. Half of all workers employed in the tive and efficient industries. Our companies and exporters are soda ash industry are dependent on ex- We must focus on Chinese policies that are among the best in the world, but it is ports for their jobs. a direct threat to U.S. exports and U.S. jobs. tough for them to succeed when other The soda ash VAT rebate is one such policy. nations allow competitors to ignore The U.S. soda ash industry is an ex- Chinese exports compete directly with U.S. port success story. For the first time in soda ash exports in the Asia-Pacific market the rules they have agreed to follow. 2010, the U.S. soda ash industry shipped and beyond. Although the VAT is just one Without a doubt, something needs to more product to overseas markets than part of China’s overall industrial policy, the be done about currency misalignment it did to domestic customers, and ex- soda ash VAT rebate is a distinct threat to in China. However, for it to be success- ports continue to grow in 2011. Domes- U.S. manufacturing in a sector where the ful, we have to take a holistic ap- tic demand for soda ash is flat, so United States enjoys a natural competitive proach. I am hopeful the Senate will growth in the U.S. soda ash industry is advantage. If we don’t stand up for the pil- consider these ideas, including the lars of our export-based manufacturers like Hatch amendment. If the United States entirely dependent on maintaining and the soda ash industry—and the U.S. workers expanding its exports. employed throughout the soda ash supply continues to go it alone, we will con- The United States is the most com- chain—we cannot seriously contend we are tinue to have the same problems. We petitive soda ash producer in the world, doing everything we can to support U.S. ex- must consider legislation that not only but it will continue to be confronted by ports. authorizes U.S. action but encourages

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.042 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6303 the administration to pursue the cur- households, to fundamentally change the ing gains, boosted by formerly middle-class rency issue with other nations that way it develops and sells its goods. For the families facing shrunken budgets. Dollar may have the same concern. first time in 38 years, for example, the com- stores garnered steady sales increases in re- Madam President, I yield the floor. pany launched a new dish soap in the U.S. at cent years, easily outpacing mainstream a bargain price. counterparts like Target Corp. and Wal-Mart The PRESIDING OFFICER. The Sen- P&G’s roll out of Gain dish soap says a lot Stores Inc., which typically are more expen- ator from Colorado. about the health of the American middle sive. THE ECONOMY class: The world’s largest maker of consumer P&G’s profits boomed with the increasing Mr. BENNET. Madam President, I am products is now betting that the squeeze on affluence of middle-class households in the middle America will be long lasting. here today to talk a little bit about the post-World War II economy. As masses of ‘‘It’s required us to think differently about housewives set up their new suburban homes, state of our economy. I have spent the our product portfolio and how to please the P&G marketers pledged that Tide detergent summer and early fall traveling around high-end and lower-end markets,’’ says delivered cleaner clothes, Mr. Clean made the beautiful State of Colorado, having Melanie Healey, group president of P&G’s floors shinier and Crest toothpaste fought off townhall meetings and listening to North America business. ‘‘That’s frankly more cavities. In the decades since, new fea- people who mostly start the conversa- where a lot of the growth is happening.’’ tures like fragrances or ingredient and pack- In the wake of the worst recession in 50 tions by saying: What is wrong with aging enhancements kept P&G’s growth ro- years, there’s little doubt that the American bust. you people in Washington? Why can’t middle class—the 40% of households with an- you work together to actually get any- Despite its aggressive expansion around nual incomes between $50,000 and $140,000 a the world, P&G still needs to win over a thing done there? year—is in distress. Even before the reces- healthy percentage of the American popu- They are short of slogans these days, sion, incomes of American middle-class fami- lation, because the U.S. market remains its and they are desperate for us to turn lies weren’t keeping up with inflation, espe- biggest and most profitable. In the fiscal this economy around. They know what cially with the rising costs of what are con- year ended June 30, the U.S. delivered about sidered the essential ingredients of middle- the consequences have been of living in 37% of P&G’s $82.6 billion in annual sales and class life—college education, health care and an estimated 60% of its $11.8 billion in profit. a country that for the first time in its housing. In 2009, the income of the median P&G says that Americans per capita spend history has had median family income family, the one smack in the middle of the about $96 a year on its products, compared falling, at a time when their cost of middle, was lower, adjusted for inflation, with around $4 in China. health insurance has been sky- than in 1998, the Census Bureau says. During the early stages of the recession, The slumping stock market and collapse in rocketing, their cost of higher edu- P&G executives defended its long-time ap- housing prices have also hit middle-class cation is going through the roof. proach of making best-in-class products and Americans. At the end of March, Americans charging a premium, expecting middle-class I thought the Wall Street Journal had $6.1 trillion in equity in their houses— Americans to pay up. captured this in a way that I have been the value of the house minus mortgages— But cash-strapped shoppers, P&G learned, unable to. In a very vivid way, on the half the 2006 level, according to the Federal aren’t as willing to splurge on household sta- Reserve. Economist Edward Wolff of New front page a couple weeks ago, there ples with extra features. Droves of con- York University estimates that the net was an article that was entitled: ‘‘As sumers started switching to cheaper brands, worth—household assets minus debts—of the Middle Class Shrinks, P&G’’—that is slowing P&G’s sales and profit gains and middle fifth of American households grew by Procter & Gamble—‘‘Aims High and denting its dominant market share posi- 2.4% a year between 2001 and 2007 and Low.’’ That article is about one of the plunged by 26.2% in the following two years. tions. most iconic middle-class brands imag- P&G isn’t the only company adjusting its In late 2008, unit sales gains of P&G’s inable, Procter & Gamble. business. A wide swath of American compa- cheaper brands began outpacing its more ex- Ninety-eight percent of the house- nies is convinced that the consumer market pensive lines despite receiving far less adver- tising. As the recession wore on, U.S. mar- holds in this country have a product in is bifurcating into high and low ends and eroding in the middle. They have begun to ket-share gains for P&G’s cheaper Luvs dia- their house that is produced by Procter pers and Gain detergent increased faster & Gamble: Crest toothpaste, Head & alter the way they research, develop and market their products. than its premium-priced Pampers and Tide Shoulders shampoo, Tide water deter- Food giant H.J. Heinz Co., for example, is brands. gent, Pampers diapers, Bounty paper developing more products at lower price At the same time, lower-priced competi- towels. The list goes on: Duracell bat- ranges. Luxury retailer Saks Inc. is bol- tors nabbed market share from some of teries, Mr. Clean, Pepto-Bismol, stering its high-end apparel and accessories P&G’s biggest brands. P&G’s dominant fab- because its wealthiest customers—not those ric-softener sheets business, including its Pringles potato chips—stuff that did Bounce brand, fell five percentage points to not even exist before there was a mid- drawn to entry-level items—are driving the chain’s growth. 60.2% of the market as lower-priced options dle class in this country to buy it. Citigroup calls the phenomenon the ‘‘Con- from Sun Products Corp. and private-label That is the great brand of Procter & sumer Hourglass Theory’’ and since 2009 has brands picked up sales from the second quar- Gamble, and it is still a great brand. urged investors to focus on companies best ter of 2008 through May 2011, according to a But this article is about how they are positioned to cater to the highest-income Deutsche Bank analysis of data from mar- changing their business model to re- and lowest-income consumers. It created an ket-research firm SymphonyIRI. flect the current economic realities index of 25 companies, including Estee P&G’s grasp of the liquid laundry deter- gent category, led by its iconic Tide brand, and economic realities they believe are Lauder Cos. and Saks at the top of the hour- glass and Family Dollar Stores Inc. and Kel- also posted a rare slip over the same period actually going to persist for some time. logg Co. at the bottom. The index posted a as bargain-priced options from Sun and I will quote from the article, Madam 56.5% return for investors from its inception Church & Dwight Co. gained momentum. President, which I ask unanimous con- on Dec. 10, 2009, through Sept. 1, 2011. Over Even the company’s huge Gillette refill razor sent to have printed in the RECORD. the same period, the Dow Jones Industrial market suffered, declining to 80.1% by May There being no objection, the mate- Average returned 11%. from 82.3% in the second-quarter of 2008, as rial was ordered to be printed in the ‘‘Companies have thought that if you’re in Energizer Holdings Inc.’s less-expensive the middle, you’re safe,’’ says Citigroup ana- Schick brand gained nearly three points. RECORD, as follows: lyst Deborah Weinswig. ‘‘But that’s not P&G began changing course in May 2009. [From The Wall Street Journal, Sept. 12, where the consumer is any more—the con- After issuing a sharply lower-than-expected 2011] sumer hourglass is more pronounced now earnings forecast for the company’s 2010 fis- AS MIDDLE CLASS SHRINKS, P&G AIMS HIGH than ever.’’ cal year, then-CEO A.G. Lafley said the com- AND LOW Companies like Tiffany & Co., Coach Inc. pany would take a ‘‘surgical’’ approach to and Neiman Marcus Group Inc., which cater cutting prices on some products and develop (By Ellen Byron) to the wealthy, racked up outsize sales last more lower-priced goods. ‘‘You have to see For generations, Procter & Gamble Co.’s Christmas and continue to post strong sales. reality as it is,’’ Mr. Lafley said. growth strategy was focused on developing Tiffany says its lower-priced silver bau- When the company’s 2009 fiscal year ended household staples for the vast American mid- bles, once a favorite of middle-class shoppers a month later, P&G’s sales had posted a rare dle class. craving a small token from the storied jew- drop, falling 3% to $76.7 billion. Now, P&G executives say many of its eler, are now its weakest sellers in the U.S. In August that year, P&G’s newly ap- former middle-market shoppers are trading ‘‘I think that there’s probably more separa- pointed CEO, company veteran Robert down to lower-priced goods—widening the tion of affluence in the U.S.,’’ Tiffany Chief McDonald, accelerated the new approach of pools of have and have-not consumers at the Operating Officer James Fernandez said in developing products for high- and low-in- expense of the middle. June. come consumers. That’s forced P&G, which estimates it has Firms catering to low-income consumers, ‘‘We’re going to do this both by tiering our at least one product in 98% of American such as Dollar General Corp., also are post- portfolio up in terms of value as well as

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.044 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6304 CONGRESSIONAL RECORD — SENATE October 6, 2011 tiering our portfolio down,’’ Mr. McDonald down to lower-priced goods—widening the time in our country’s history, in the said in September 2009. pools of have and have-not consumers at the last 20 years. What that means is peo- To monitor the evolving American con- expense of the middle. . . . ple are earning $4,000 and $5,000 less in sumer market, P&G executives study the P&G isn’t the only company adjusting its real income at the end of the decade Gini index, a widely accepted measure of in- business. A wide swath of American compa- come inequality that ranges from zero, when nies is convinced that the consumer market than they were at the beginning of the everyone earns the same amount, to one, is bifurcating into high and low ends and decade. Although I guess I should point when all income goes to only one person. In eroding in the middle. They have begun to out here, as well, that during the time 2009, the most recent calculation available, alter the way they research, develop and median family income was falling, av- the Gini coefficient totaled 0.468, a 20% rise market their products. erage family income went up, reflect- in income disparity over the past 40 years, In other words, they have begun to ing the widening gap between rich and according to the U.S. Census Bureau. alter their business plan with the as- poor in this country and reflecting a ‘‘We now have a Gini index similar to the diminishing middle class. Philippines and Mexico—you’d never have sumption that the middle class is evaporating in this country and that This line is unemployment. It does imagined that,’’ says Phyllis Jackson, P&G’s not take a genius to figure out that vice president of consumer market knowl- their growth markets are the very edge for North America. ‘‘I don’t think we’ve richest among us, on the one hand, and when the green line crosses again and typically thought about America as a coun- the very poorest among us, on the our GDP is where it was before we even try with big income gaps to this extent.’’ other hand. had this recession—and it will—we do Over the past two years, P&G has acceler- Let me close on this part by reading not have an answer for people who have ated its research, product-development and near the end of this story: been dislocated as a consequence of our marketing approach to target the newly di- To monitor the evolving American con- economy becoming more efficient and vided American market. more productive. These jobs are going Globally, P&G divides consumers into sumer market, P&G executives study the three income groups. The highest-earning Gini index, a widely accepted measure of in- to be created not by legacy firms from ‘‘ones’’ historically have been the primary come equality that ranges from zero . . . to the last century but by businesses that bracket P&G chased in the U.S. as they are one. . . . In 2009, the most recent calculation are going to be started tomorrow and the least price sensitive and most swayed by available, [there was] a 20% rise in income the week after that and the week after claims of superior product performance. But disparity over the past 40 years. . . . that. as the ‘‘twos,’’ or lower-income American Here is the next quote: Rather than having a partisan debate consumers, grew in size during the recession, ‘‘We now have a Gini index similar to the here in Washington, we should be hav- P&G decided to target them aggressively, Philippines and Mexico—you’d never have ing a bipartisan discussion about how too. P&G doesn’t specifically target the low- imagined that,’’ says Phyllis Jackson, P&G’s to change our Tax Code and change our est-income ‘‘threes’’ in the U.S., since they vice president of consumer market knowl- regulatory code to make it easier—not comprise a small percentage of the popu- edge for North America. ‘‘I don’t think we’ve harder—for small businesses to be cre- lation and such consumers are typically typically thought about America as a coun- heavily subsidized by government aid. try with big income gaps to this extent.’’ ated and to compete and to make sure we are creating jobs here in the United At the high end, it launched its most-ex- I do not think that is the way we pensive skin-care regimen, Olay Pro-X in States that are actually lifting median have thought about America either be- 2009, which includes a starter kit costing family income rather than driving it cause that is not what America has around $60. Previously, the Olay line had downward. topped out around $25. Last year, the com- been for generation after generation, This is what has happened to manu- pany launched Gillette Fusion ProGlide ra- decade after decade, going back to the facturing in the United States since zors at a price of $10 to $12, a premium to founding of this country. 2001. I invite anybody to look on our Gillette Fusion razors, which sell for $8 to Why do I come to the floor to talk Web site if they want to look at these $10, and Gillette Mach3, priced at $8 to $9. about this? It is because the debate in charts themselves or use them in their At the lower end, its new Gain dish soap, this place is becoming more and more own meetings. But this top line is our launched last year, can sell for about half unmoored from the facts, and people per ounce of the company’s premium Dawn manufacturing output. You can see Hand Renewal dish soap, which hit stores in need to be reminded, I think, here—not that has been rising. This other line, late 2008. in Colorado—but here about what the going back from 2001 to today, is manu- Developing products that squarely target problem is we are actually trying to facturing employment. Output rising; the high and low is proving difficult for a solve. employment falling. company long accustomed to aiming for a Here, as shown on this chart, is our People in my State know we did not giant, mainstream group. current economic challenge. The top Conquering the high end is difficult be- get here yesterday. This has been hap- line is our productivity index, going pening to them for the last decade or cause it usually involves a smaller quantity back to 1992, that blue line. You will of products. so. They want us to be responsive to ‘‘We do big volumes of things really well,’’ notice it fell slightly during the reces- that. said Bruce Brown, P&G’s chief technology sion, and then it took off again like a This is the median family income officer. ‘‘Things that are smaller quantities, rocket. Why? Because firms all over chart: In 1999, median family income with high appeal, we’re learning how to do the country were having to figure out was roughly $53,000. In 2010, it was that.’’ how to do what they were doing, Likewise, the cost challenges at the bot- $49,000—a $4,000 drop in real dollars produce what they were producing, since 1999; a 7.1-percent decrease. Peo- tom of the pyramid are also proving dif- with fewer people in order to survive in ficult, Mr. Brown said. Over the past two ple are coming to me and saying: MI- years, P&G has increased its research of the this recession. The combination of CHAEL—they may not know it is a 7.1- growing ranks of low-income American competing in a global economic envi- percent decrease, but they know they households. ronment, which was not even present are earning less. They know that 10 ‘‘This has been the most humbling aspect remotely in the way it is today in the years ago when they set out to save for of our jobs,’’ says Ms. Jackson. ‘‘The num- 1980s, required us to be more produc- college for their 8-year-old, they were bers of Middle America have been shrinking tive. The technological revolution this expecting to be earning more at the because people have been getting hurt so country has spawned and led has al- badly economically that they’ve been falling end of the decade. Now their kids are into lower income.’’ lowed us to become more productive. going to school, and they are saying: I You can see from this green line— Mr. BENNET. I quote: can’t afford it. Tuition has sky- which is gross domestic product—our rocketed. I can’t send my kid to the P&G’s profits boomed with the increasing economy actually has started to come best school they got into. What a affluence of middle-class households in the back. We are about two-thirds of the post-World War II economy. waste. way back to where we were before this I would ask you, Madam President, The story I was just telling. recession started. But what my fami- whether any of us think we can afford The article starts out by saying: lies are feeling in Colorado and what another decade like that at the begin- For generations, Procter & Gamble Co.’s the Presiding Officer’s families are ning of this new century. If we con- growth strategy was focused on developing household staples for the vast American mid- probably feeling in Missouri is in these sume a fifth of the 21st century driving dle class. other two lines. This line represents American middle-class income down, Now, P&G executives say many of its median family income which, as I said we are going to have a very tough time former middle-market shoppers are trading earlier, continues to drop, for the first recognizing ourselves.

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.006 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6305 This next chart is something that is family incomes rather than driving The last time we were creating jobs not noted by many, but I used to be a them down. That is what we should be in this country we created roughly 5.3 school superintendent, so I have an in- debating in Washington. million for people with a college de- terest in our education. This chart Like you, Madam President, I have a gree, 3.5 million for people with some- shows unemployment during this reces- deep concern about the fiscal condition thing north of a high school diploma. sion based on educational attainment. of the country. We have $1.5 trillion of No new jobs for people with a high The worst it ever got for folks with a deficit, and we have $15 trillion of debt, school degree, and we lost jobs for high college degree in this country was 4.5 and we do not have the apparent will to school dropouts. percent during this recession. For peo- address that problem. We can address So if you care about the strength and ple who had less than a high school di- that problem. We should be adopting success of the American economy, if ploma, it was 15 percent. For people the kind of policies that were rec- you care about maintaining the mantle with a high school degree, it was ommended by the bipartisan commis- of the land of opportunity, if you care around 12 percent. sion, Bowles-Simpson, that together about the idea that the job of one gen- Here is what else we have done over combines to take $4 trillion out of our eration is to put another generation the last 10 years. This chart shows our deficit situation over the next 10 years. into a position to succeed and con- poverty rate in this country. They did it by asking everybody to tribute in the economy and the democ- This is why we have to move past the have a share in the sacrifice. We should racy, you need to care about what we politics and into a substantive con- be debating that on the floor of the are doing with our education system. versation about where we want to take Senate. We should be supporting the We could be talking about that. We this country as Republicans and Demo- work that the Gang of 6 has tried to do, could be doing regulatory review to crats together. These lines are people not just because it will help us with make sure we have a process to get rid who are Republicans and Democrats our fiscal situation, which is critical, of old regulations that do not make and Independents, who are seeing their but because it will help us with our sense and put in ones that do. I know income driven down, who are seeing jobs situation. in Colorado we have a huge interest in their wealth destroyed, and expect us There is $2.3 trillion of cash, by some ending our reliance on foreign oil. Ev- to at least be able to have a civil con- estimates, sitting on the balance erywhere I go people talk about that. versation about it on the floor of the sheets of America’s corporations that Everywhere I go people wonder wheth- Senate. is not being invested now because peo- er it would not be better to have an en- Did you know that poverty has in- ple are deeply worried that they cannot ergy policy that created energy inde- creased by 46 percent since the year predict what interest rate environment pendence for this country instead of 2000 in the United States of America? we are going to be in because we can- having one—or a lack of one may be a There are 46 million people in our not get our fiscal house in order and better way of saying it—that forces us country of 300-and-some million that because the government is financing to shift billions of dollars a week to the live in poverty today. Thirty-five per- its debt on short-term paper, which Persian Gulf for the privilege of buying cent of them are kids. Two percent of easily could rise. Every rise in our in- their oil because we do not have a pol- the children in the United States today terest rate will add $1.3 trillion to the icy. are living in poverty. One-fifth of the debt over the next 10 years. We could be thinking about advanced children in our country are living in These are the facts. I have a list of manufacturing. We could be elimi- poverty. what we could be doing today. I will nating the technology gap. We could be As I mentioned earlier, this has not not dwell on it. We could be reforming modernizing the FDA. There is no affected everybody the same in our and simplifying our Tax Code. We could shortage of things we can do if we come economy. This is the average income be adopting a long-term research and together to do it. growth for the top 1 percent of income development strategy. We could be in- I see my colleague from Oregon is earners in the United States. This is vesting, as Republicans and Democrats here, so I will wrap up in 1 minute. But the top 5 percent. This is the top 10 have done for decades if not centuries, in order to be able to get to any of percent. And it seems almost insane to in our infrastructure. We could bring that, in order to get to any of that, we describe it this way, but the bottom 90 our public education system into the have to knock off the political games percent, 9 out of 10 income earners—9 21st century, which would matter a lot and actually start working together out of 10 income earners—this is what not just to our middle-class kids but to around this place. has happened to their income since 1967 kids living in poverty as well. Two days ago there was an article in in real dollars, inflation-adjusted dol- Did you know that today, if you are the Washington Post—I think it was— lars. It has been absolutely stuck and a child born in poverty—whether you that said that the United States Con- flat at the bottom of this curve, all of are rural or urban, it does not matter— gress has a 14-percent approval rating, which leads me to show the most dis- your chances of getting a college de- and the joke around here is, well, who turbing slide of all, which I know is gree are 9 in 100—9 in 100—which means in the world are those 14 percent who hard to read. But let me tell you what that the day you are born, if you are think we are doing a good job? But it is it says—and you can find it on the Web among those 100 kids, out of the shoots not a joke. This is serious. There is a site. 91 of you are consigned to the margins reason our approval rating is in the It says we have not seen this level of of the democracy, the margins of our basement. It is because instead of income inequality in the United States economy. working on the things that actually of America since 1928. That is the last If we do not change the way we edu- would drive productivity in this coun- time that the so-called bottom 90 per- cate our kids, and even if we do not try, would drive job creation in this cent of earners—9 out of 10 earners— care from their point of view what the country, would most importantly drive earned roughly 45 percent of the in- implications of that are—and I deeply median family income up instead of come in the country. Here in 1928, and do care about that as the father of down, we are fighting with each other. here in 2011. I do not think our democ- three little girls. I think everybody I want to go back to Colorado and racy can sustain itself with another should have an opportunity to grad- have an answer for the people in my decade or two of numbers such as this. uate from high school, go on to college townhalls who could care less—could We have to do better. and succeed. Even if you did not care care less—whether I am a Democrat or The bottom 90 percent of earners, as from that perspective, look at what I am a Republican and just want me to I mentioned a minute ago, are Repub- happens if you do not have an edu- do my job. The ones who are doing licans and they are Democrats, they cation in the 21st-century economy. their jobs want me to do my job. The are Independent voters, and they ex- Look at the unemployment rates peo- ones who do not have jobs want me to pect their government to work to- ple are having to suffer through if they do my job. They want all of us to do gether. We cannot create their jobs, do not have a high school degree or a our jobs. but we can create the conditions under college degree compared to if they do I know there are people of goodwill which we can create high-paying jobs have a degree. That is not going to on both sides of the aisle that if given in the United States that are lifting change. the chance will work together to do

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.045 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6306 CONGRESSIONAL RECORD — SENATE October 6, 2011 this. The last thing I will say is this, of the Senate has spent a lot of time on looked particularly at the model that and then I will stop. The rest of the those budget issues—is all about chron- was recently included in the affordable world is not waiting for us to get our ic disease. That is where the Medicare care act have said that if that model act together. The rest of the world is dollars go. It goes into the treatment was fully implemented for caring for not waiting for us to decide whether we of heart and stroke and diabetes. That these individuals at home, it is their are going to have another debate that is where the money really goes. judgment that it would be possible to leads to us blowing up the credit rating Millions of those who suffer from save in the vicinity of $30 billion a of the United States. They are not these devastating illnesses are those year. waiting for us to decide whether we folks I am speaking about, the dual-eli- These are enormous sums of money, want to sacrifice for the first time the gible people who are eligible for both and to be able to make those savings full faith and credit of the United Medicare and Medicaid. Millions of while we say to older people in Mis- States of America. They are not wait- them are eligible for alternative serv- souri, in Oregon, and around the coun- ing for us to decide whether we are ices, particularly services at home. But try: You are going to get more of what going to invest in 21st-century manu- right now, a disproportionately large you want, which is care at home, at a facturing. number of them get their care in the price lower than the alternative—that My colleague from Ohio just showed most expensive kind of setting, a place looks like a pretty good opportunity. up. He talked about that. They are not where they do not want to be—the hos- As the supercommittee goes forward waiting for us to decide whether we are pital and the hospital emergency room. with its work, there are some questions going to let them own the 21st-century The fact is, all over the country—in about whether they need additional energy economy. They are going right the State of Ohio, in the State of Mis- legislative authority to do their work. ahead, and so our failure to act has souri—every single day these folks are If they do, I think certainly the super- consequences. I believe it is time for us going in ambulances to hospital emer- committee, in conjunction with both to come together—even though we are gency rooms. Often they end up having the full Senate and the House, ought to in a political season, even though we to go on a life flight, essentially in the give it to them. My own sense is that have a Presidential campaign—and do air to these facilities. As of today, even they probably don’t need additional our work on behalf of the American though we have more than 9 million of legislative authority, but certainly people and the people of my State of these individuals who are on both there will be support in the Senate Fi- Colorado. Medicare and Medicaid, according to nance Committee, under the leadership I yield the floor. Dr. Don Berwick at the Centers for of Senators BAUCUS and HATCH, both of The PRESIDING OFFICER. The Sen- Medicare and Medicaid Services, only whom have done very good work on ator from Oregon. about 100,000 of them are being taken this issue, to move legislatively, HEALTH CARE REFORM care of at home. whether it is in the supercommittee or Mr. WYDEN. Madam President, be- So, of course, the Congress worked on through the full Senate, legislation fore he leaves the floor, I just wanted the health reform issue, and it was pos- that would allow us to dramatically ex- to commend Senator BENNET for the sible in that legislation to move to pand this program. outstanding work he is doing on the take a few thousand more, a few thou- I know the Senator from Minnesota budget issue, and particularly cite the sand more than the 100,000 that are now cares a great deal about seniors and fact of the cooperation of the Senator being taken. these issues. Just a little bit of history. from Colorado and the Senator from As Chairman BAUCUS highlighted just As I sat in the Senate Finance Com- Nebraska, Mr. JOHANNS, which illus- a few days ago, we ought to get serious mittee a few days ago listening to how trates how important it is to try find about this and do a lot more because we ought to have some more pilot some common ground. That is what I older people, if we come up with ap- projects and some demonstrations and am going to be trying to do on the proaches that allow them to get cared some studies, I thought about the days health care issue coming up. But I for at home, will feel better about our when I was codirector of the Oregon wanted to commend the Senator from health care system and better about Gray Panthers, about three decades Colorado for his good work. the decisions that are being made here, ago. I had a full head of hair and rug- As the Senate focuses on the budget, and taxpayers are going to save money. ged good looks and all of that kind of and certainly the American people hear Anybody who questions whether this thing. We were talking then in much the discussion about health care and is possible ought to look at the latest the same way I heard the discussion particularly what is going on in the information that is coming from the going in the Senate Finance Com- supercommittee, I want to take a few Veterans’ Administration. They have mittee—about demonstrations and pi- minutes to talk about how there is an 250 locations—locations all around the lots and the like. To a very good person opportunity to come together in a bi- country—for the program they use at the Center for Medicare and Med- partisan way, particularly with older called the Home-Based Primary Care icaid Services, Melanie Bella, and in people, to show that it is possible for Program. The only difference between conversations later with Chairman them to get more of the care they that VA program and essentially what BAUCUS and Senator HATCH, I basically want, particularly care at home, for a is being done on the Medicare and Med- said: We have to change this because if price that is lower for taxpayers, re- icaid side is that the VA patients are we don’t, my prediction is that 10 years duced costs for the taxpaying public. even sicker than those who have been or so from now, they will be back in This all came to light through an ex- treated in the Medicare and Medicaid the Senate Finance Committee having tremely important hearing that was studies. pretty much the same discussion. They held in the Senate Finance Committee The latest information shows that will be talking about a few pilot on which I serve. Chairman BAUCUS caring for older veterans in the home projects, demonstrations, and a few took the time to look at the care of has reduced hospital stays by 62 per- more studies, and by that time, the those who are some of the neediest and cent, nursing home stays by 88 percent, number of those who are eligible for most vulnerable in our country. They and cost by 24 percent. Let’s just for a both Medicare and Medicaid will be lot are the older people who are eligible moment focus on that number—a cost more than the 9 million who are eligi- for both Medicare and Medicaid. savings of 24 percent—while the older ble today. It will be many times that, In the fancy jargon of American veteran gets more of what they want, and we will have wasted many billions health care, they are called the dual which is to be at home for the care of dollars more. So now is the time to eligibles. But I think anybody looking they need rather than in these institu- do it. at the American health care system tional settings, whether they are hos- I would like to close simply by pick- knows that these are some of those pitals, hospital emergency rooms, what ing up on a point Senator BENNET made who are most vulnerable and most have you. We have new information, about trying to find common ground. harmed when they fall between the specific, concrete information. This question of independence at home cracks in the health care system. The So that colleagues know, those who has strong bipartisan support. In the fact is, the ball game as it relates to are specialists in this area at the Uni- other body, the principal sponsor, Con- Medicare—I know the Presiding Officer versity of Pennsylvania who have gressman ED MARKEY, worked with

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.050 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6307 CHRIS SMITH of New Jersey, MICHAEL new VA study. It comes from 250 loca- coordination service tailored to the needs of BURGESS of Texas—two very strong tions in each State and DC. There are Medicare beneficiaries with multiple chronic conservatives—over the years, and in cost savings of 24 percent, hospital stay diseases. the Senate, I have been honored to IAH Lowers the Cost of Care—IAH reduces reductions of 62 percent, and nursing costs by allowing beneficiaries to remain have Senator CHAMBLISS, Senator home stay reductions of 88 percent. independent at home and avoid hospitaliza- BURR, and a number of other colleagues These are documented savings for older tion, ER visits and nursing home admissions. on both sides of the aisle say that this people who are even sicker than those IAH Has Been Proven Effective—The Vet- makes sense both for older people and who would be served by programs out- erans Administration (VA) has been pro- for taxpayers. side the VA. viding Home Based Primary Care (HBPC) In the next few days, Senators are This is the time. We have talked programs since the early 1970s The VA’s going to hear from about 100 health Home Based Primary Care program operates about it long enough. If the govern- in 250 locations in every state and D.C. and care groups around the country mak- ment needs additional legislative au- ing the case for the Congress—starting has reduced hospital days by 62%, nursing thority, it will be possible to give that home days by 88%, and costs by 24%. with the supercommittee, going through the supercommittee. I urge all IAH Can Be Implemented Immediately— through our work in the Senate and of my colleagues on both sides of the More than 100 health care organizations the House—to get serious about dra- aisle, Democrats and Republicans, to across the country are ready to implement matically expanding, massively ex- pick up on the strong bipartisan sup- the IAH program immediately. panding the number of older people IAH Has Bipartisan Support—The IAH port that exists for independence-at- demonstration received unanimous bipar- who are cared for at home, where they home services, particularly for those want to be, which will result in savings tisan support when it was included in the who are eligible for Medicare and Med- PPACA by the House Energy and Commerce to the taxpayers at the same time. icaid. They are the most vulnerable in Committee and the Senate Finance Com- This is something that should not be our society. Those individuals and the mittee. allowed to be delayed or put off any programs they rely on, paid for by tax- Mr. WYDEN. I yield the floor. further. After decades of talking about payers, deserve better. We now have The PRESIDING OFFICER (Ms. KLO- how it makes sense and studying it and the opportunity to ensure they get it. BUCHAR). The Senator from Alabama. having some pilot projects and some I ask unanimous consent to have Mr. SESSIONS. Madam President, I demonstration projects, I think it is printed in the RECORD ‘‘Independence was pleased that earlier today the Sen- time when doctors come to the Senate at Home: Better Health Care at Lower ate voted to move forward with the President’s office and patients come to Cost.’’ China currency legislation that has the Senate President’s office and say: I There being no objection, the mate- been worked on for so many years by am very concerned about these cuts. I rial was ordered to be printed in the Senators SCHUMER and GRAHAM, and I am convinced it is going to reduce ac- am pleased to join with them. I sup- cess. The providers say: I am not going RECORD, as follows: ported similar legislation in 2005. I will to be able to serve the same number of INDEPENDENCE AT HOME—BETTER HEALTH say a couple things as our Members people. Older people, we know, are call- CARE AT LOWER COST evaluate what they will do on final pas- ing our office saying they are fright- Holding down health costs doesn’t have to sage. ened about how it is going to affect mean benefit cuts or cuts to reimbursement. With Independence at Home (IAH), bene- I believe in trade. I believe in good them. ficiaries get more of what they need—in the trade, and most trade is good trade. It is time for us to be able to come comfort of their own home—and providers together in the Senate in the kind of Countries do need to compete with the receive shared savings as a reward for deliv- production in other countries. If you spirit Senator BENNET was talking ering the kind of quality care they have al- have a trade partner, normally both about, Democrats and Republicans, to ways wanted to provide. The beneficiary and say: Look, here is something that provider get more; the federal government partners, through a relationship, ben- works. We know it works; it was prov- pays less. efit. In a treaty, trade, or business re- lationship, if one party to that rela- en by Chairman BAUCUS’s recent hear- The IAH program is designed to allow ing. We now know, based on the VA’s America’s seniors to remain as independent tionship is being damaged by that rela- as possible and avoid unnecessary hos- tionship, then they have to confront important new study with respect to pitalizations, ER visits and nursing home ad- how you can care for older people at the problem and fix it or withdraw missions. from the relationship. That is just the home, that we have an opportunity to Enrollment in an IAH program is com- significantly expand care for older peo- pletely voluntary, and participating bene- way life is. ple at home and generate significant ficiaries do not relinquish access to any ex- I see that some of my free market budget savings. It will be bipartisan. It isting Medicare benefit or any practitioner friends—and I have a lot of them—on is something that ought to be picked or provider. trade issues are religious about it. It is up by the supercommittee. It ought to Primary care is available to beneficiaries a religion with them. They don’t want be picked up by the full Senate and the in their homes through ‘‘housecalls’’ by to analyze whether the trading agree- teams of health care professionals tailored ment advantages the United States or full House, and we need to do it now. to the beneficiaries’ chronic conditions. If we don’t do this now and if it is put the other party; they just want to say: The IAH program holds participating prac- If it is a trade agreement, be for it. off again, after Chairman BAUCUS’s im- titioners and providers strictly accountable portant hearings to once again open for (a) good outcomes, (b) patient/caregiver Anything that promotes trade is good, the door to major reform, as sure as satisfaction and (c) minimum savings to and peace will break out in the world. night follows the day, Congresses 5, 10 Medicare of 5% annually. Well, that is not right, and that is years from now will be debating the IAH is Voluntary—IAH allows practi- not what I think conservatives believe. same thing. I don’t think that is right. tioners and providers voluntarily to enter I am a conservative—a conservative Holding down health care costs into 3-year agreements with HHS under who believes in reality. Conservatism doesn’t have to mean benefit cuts or which they are held strictly accountable for is a cast of mind, not an ideology. It is (a) minimum savings to Medicare each year an approach to complex issues. As my cuts to reimbursements. We have a of 5%, (b) improved patient outcomes, and (c) chance, with this Independence at patient/caregiver satisfaction. Eligible bene- friend Bob Tyrrell at the American Home Program, to secure for older peo- ficiaries voluntarily enroll in IAH programs Spectator said, it is an approach to ple more of the care they need in the and may disenroll at any time for any rea- issues, a cast of mind. comfort of their own homes, and em- son. There is no mandate and beneficiaries How do you approach this matter? ployers are actually rewarded with are not ‘‘assigned.’’ We are getting hurt in this relation- shared savings for delivering the kind IAH Targets Cost Where They Are High- ship. Every editorial I have seen—even of quality care they have always want- est—The Independence at Home (IAH) pro- those groups who are specifically advo- ed to provide. These ideas, by the way, gram targets the 5%–25% of Medicare bene- cating against this legislation contend ficiaries with multiple chronic diseases like and acknowledge that the United are voluntary. No older person, no sen- diabetes and heart disease who account for ior citizen is required to participate in 43% to 85% of Medicare costs. IAH reduces States is being disadvantaged by this it. Medicare’s cost where they are the highest, currency manipulation. They all ac- We are going to get around to every not by cutting reimbursement or coverage, knowledge that. When you acknowl- Senator’s office the findings of this but rather by providing a new chronic care edge that, you acknowledge that we

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.052 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6308 CONGRESSIONAL RECORD — SENATE October 6, 2011 are losing jobs and losing manufac- turing, and the doctrine of comparative SCHUMER, BROWN, GRAHAM, and I agree, turing in this country as a result, not advantage is such that if a product can in a bipartisan way, this is a way to of competition, but of unfair competi- be manufactured cheaper in China, so create jobs without harming our econ- tion. be it. We will put the American busi- omy, without raising the debt of Amer- Let’s be in contact with reality. The nesses out of business. Let them close ica. It is a bipartisan act to create People’s Republic of China is state- their doors. greater employment by simply elimi- dominated. Those companies are not As a conservative, I am not com- nating an unfairness that is ham- free to do as they normally would in fortable with that and let me say why. mering American manufacturers and the United States. It is a state-domi- First, this creates too rapid a disloca- American workers. nated thing. Every agenda carried out tion in our economy, causing too much Some say if we insist on this, China by China—by their companies even— damage societally from rapid unem- will be offended. First, China is a great tends to be driven by expanding the na- ployment and closing of manufacturing nation. They have the second largest tional interest of China. in our country. Secondly, we now know economy in the whole world. They are That is the way they think and that with certainty that the manipulation bellicose. They attack us aggressively. is the way they operate. Their theory of currency—the 30-percent or 25-per- We don’t hide under the table when of trade is mercantilist. They believe cent difference—is resulting in unfair they say something bad about the in maximizing their exports, mini- competition with American businesses United States, do we? Neither are they mizing their imports, and accumu- and causing the closing down of busi- going to hide under the table if the lating wealth. nesses. Senate, the Congress says they have to Some of our friends here say: Oh, it is We have a chance to rebound, I am get their currency correct. Great na- all right. The products that are sold at convinced, in manufacturing. China’s tions don’t wither and crawl away. Walmart are from China and, all right, salaries are going up. Salaries around I was looking at an article in Forbes yes, we closed a factory in the United the world are going up. China’s utili- magazine, written by Mr. Gordon States. But don’t worry, Mother can ties and energy costs are higher than Chang, who talked about this question buy her sneakers or her children’s ours. Their advantages are not so great posed by Chris Chocola, the president clothes cheaper because it is imported. as they were a few years ago, and we of the Club for Growth, who opposes Don’t worry about it. Manufacturing is are becoming more sophisticated. Our this legislation. Mr. Chocola asked not that important, they have told us. businesses are lean and competitive this: ‘‘What do they say to arguments We have seen that in the writings now. I think we have a real chance to that starting a trade war with China around the Nation from some of our get back into the game but not if we would kill jobs, not create them?’’ great economic minds. But I don’t be- have a 25- to 30-percent currency dif- In other words, Mr. Chocola is say- lieve that is true. I do not believe this ferential, where when we sell a product ing, if we start a trade war, we are Nation can be a strong, vibrant force in to China it costs 25 percent more than going to lose jobs. First of all, Mr. the world without a manufacturing the competing Chinese production Chocola’s hands are not so clean in this sector. would, and when they sell to our coun- issue. When he was in the House of I had the pleasure of meeting Dr. try they have a 25-percent advantage Representatives a few years ago, he in- Schulz, the CEO of ThyssenKrupp, a over our manufacturers. When margins troduced a bill—the China Act—that steel company in Germany. He just re- are as close as they are in the world would have imposed tariffs on China if tired. He is 70 and a very impressive economy today, that is too large. Any it tried to manipulate its currency, ac- man. He was investing in my home unfairness is too large. So I would con- cording to his press release at the time. State of Alabama, and he said publicly tend we have to act. Thirdly, there is I guess he has changed his mind. We all and to me privately, with great pas- damage being done to the middle class have a right to change our minds. But sion, you have to have a renaissance of in our country, and a large part of it is I will just say I am not too impressed manufacturing. He said: Germany was arising out of unfair trade practices. with that argument, and I would note criticized for attempting to hold on to We have to be aware that millions of that Mr. Chang, in his comments about its manufacturing base in Europe, peo- Americans are hurting. Maybe the it, made a very good point. ple saying they were not part of the wife, maybe the husband has lost his or Writing in Forbes, he says: modern economy—the service econ- her job and is now unemployed, and Chocola is correct that a trade war with omy. But he said: We did more than families are struggling to get by. China would kill jobs—but most of them most of the Europeans to maintain our Wages are not going up. In fact, wages would be in China. manufacturing base, and we are now have trended down just a little bit. Un- That is absolutely so. A trade war the healthiest economy in Europe. employment is not going down. It is will not occur, in my opinion. But if we We have to have a manufacturing maybe going up now for the last sev- had a trade war, Mr. Chocola says it base. Wealth is sent abroad every time eral months. Inflation is on the scene. would hurt jobs in the United States. we purchase imported products. The If the wages aren’t going up, the But Chang continues: deficit with China last year was $273 number of people employed isn’t going How do we know this? Last year, the billion. This year it will be the largest up, we get into a situation in which we United States ran a deficit in trade in goods in history—$300 billion. There has can’t see economic growth occur. There with that country of $273.1 billion. In trade wars, it is the surplus countries—countries never been a trading relationship re- is not extra money to go to the store or that depend on exports—that get hurt. Amer- sult in deficits as large as those in the market to buy things. As one business- icans know this because we were the power- history of the world. China is the sec- man told me, one of the great mar- house exporter in the 1930s when nations ond largest economy in the world. keting chains in the United States— fought a tariff war. China is growing rapidly. They have Walmart: People don’t have the money That was when the Depression hit been doing this for a decade. to come to the store to buy anything. and trade froze after tariffs and other Let me say I celebrate prosperity in If a person doesn’t have a job, they actions and we were hurt the most be- China. I would like to see prosperity in don’t have the money to buy anything. cause we were exporting goods. In this all the nations of the world, and they So this is a serious economic problem case, China would be hurt the most. will benefit the United States, not we are facing. I have come to the con- Mr. Chang goes on to note how large harm us, if China is prosperous. But if clusion we can no longer borrow money China’s economy is and its dependence their prosperity is driven by to spend today to try to create a sugar on exports to the United States. He disadvantaging the United States to high and jump-start our economy. That says: their advantage, as the currency proc- didn’t work before. We don’t have the And this is a pretty good indication that ess does, then that is a different story. money and the debt is already too Beijing, although it will undoubtedly huff It is not a fair competition and it is great. We need to look for ways to cre- and puff and might engage in minor retalia- not helpful to the United States. ate American jobs now without costing tion, will not escalate the fight. China can- We are told this will not hurt us, that the U.S. Treasury or raising taxes on not afford more unemployment. we can move to a service economy, an already weak economy. This is one Mr. Chang quotes Premier Wen that we don’t have to have manufac- of those things we can do. Senators Jiabao as saying, if you change this

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.053 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6309 currency, ‘‘countless Chinese workers tions for recessions and even a Civil War—re- an enormous lost opportunity for U.S. become unemployed.’’ mains alive and effective . . . Now, as in 1776, software companies, who lead the What does that say? The Premier of 1861, 1932 and 1941, America’s best days lie world in innovation. China is saying, if we have a fair cur- ahead. And China bars many of our exports rency rate, the Chinese would lose jobs. I agree. from entering its market at all. China Somebody is going to gain those jobs— America has the world’s best univer- shuts out American beef exports en- maybe it will be in Dayton or maybe it sities, a tradition of brilliant entrepre- tirely. And it imposes barriers that ef- will be in Birmingham or Mobile. neurship, and the drive and ingenuity fectively prevent the entry of U.S. As Mr. Chang says, and this puts it of our people. companies into its banking, insurance, on the line: We gave the world the light bulb, the and telecommunications sectors. If China manipulates its currency to gain a airplane, the Polio vaccine, the per- So while this bill addresses an impor- trade advantage, then Premier Wen is seek- sonal computer, and the Internet. We tant piece of the puzzle, it is not ing to put American workers on the bread have been the world’s engine of innova- enough for China to appreciate its cur- line. tion for more than a century. rency. China can and must take action Not Chinese workers on the bread But we cannot rest on our laurels. We to address these other problems as line. Quoting the article further: can and must rise to the challenge of well. Ultimately, though, America’s future So Donald Trump hit the mark when he China. This is a challenge I recognized tweeted last week that ‘‘China is stealing long ago. That is why I led the effort to as a great economic power will not be our jobs.’’ grant permanent normal trade rela- dictated by what China does. It will be dictated by what we do. It is about us. I am not here trying to condemn tions to China, so we could begin to get China to play by the rules. It is about the principles that made China. I am here saying we have failed America great. It is about our freedom, to aggressively defend our legitimate That is also why I have traveled to China eight different times, to stress to our justice, our democracy, and the national interests, and we need to do will, creativity, and endurance of our that. I believe this legislation puts us their leaders the importance of playing by those rules. people. And it is about what we must on that path. do to get our own house in order so I believe in trade. I expect to support China has grown explosively during that time period. It is now the second- that we can continue to compete and the Colombian trade bill as it comes win on the global stage. forward. I think it serves our national largest economy in the world. And it continues to expand. We must focus on policies and initia- interest. The Panamanian trade bill tives that encourage American entre- serves our national interest and will China’s growth presents real opportu- nities for American entrepreneurs and preneurship. help us be more profitable. I believe We must nurture and protect Amer- workers. Over the last decade, our ex- the trade agreement we have nego- ican innovation, both at home and ports to China have increased by close tiated with South Korea is also in our abroad. That is why I introduced a bill to 500 percent. That is eight times fast- national interest and will help us. But to strengthen the research and develop- er than the growth of our exports to this deal needs to be fixed. It is time to ment tax credit and make it perma- the rest of the world. China is now the stop it. It has gone on too long. nent. It is great to see my colleague, Sen- third-largest market in the world for We also must reform our Tax Code to U.S. exports. And it is the number one ator BROWN. I know he will be ready to unleash new investment and make col- talk as we move forward to final pas- market for U.S. agricultural exports. lege more accessible. That is why I sage, but let me congratulate Senator But we should not blind ourselves to have been holding a series of Finance the very real challenges that China BROWN and Senator SCHUMER and oth- Committee hearings to pave the way ers who have worked on the bill. I be- also poses to American entrepreneurs for tax reform. lieve it is a reasonable piece of legisla- and workers. Too often, China seeks an And we must work together to open tion, and it provides exits if something unfair advantage in international export markets around the world. dangerous were to occur. It gives dis- trade, including by manipulating the That’s why I strongly support the cretion to the President to delay, even value of its currency. pending free trade agreements with Co- stop, actions that might occur under In my most recent trip to China last lombia, Panama, and South Korea. this process if it is damaging to the November, I met with Vice President We took an important step last United States, and it gives Congress a Xi Jinping and other top leaders. We month to pave the way for these trade chance to be involved in that process. discussed a broad range of issues. agreements when we renewed trade ad- This is the right way to do it. If On currency, my message was clear: justment assistance with a strong bi- someone has some better ideas, maybe China needed to allow its currency to partisan vote. It is now time to ap- we can improve the bill. But fundamen- appreciate more quickly to market lev- prove the trade agreements themselves tally, I think it is a good piece of legis- els. If not, the U.S. Congress likely so that American entrepreneurs, work- lation that will do the job, and I am would take up—and pass—currency leg- ers, farmers, and ranchers can unlock proud to be a part of this bipartisan ef- islation. the potential of these key export mar- fort that has moved this legislation Since my trip, China has only al- kets. that will help create American jobs lowed its currency to appreciate by 3 So as we debate this bill, let us not without expanding our debt. percent. The Chinese government con- forget that the currency issue is only I thank the Chair, and I yield the tinues to intervene to keep its cur- one of many challenges in our relation- floor. rency significantly below its real mar- ship with China. Let us also be mindful Mr. BAUCUS. Madam President, I ket value. That is why I intend to sup- of our larger challenges both at home rise to speak at this watershed moment port this bill. and abroad. And let us continue to nur- in the U.S.-China relationship. This is I did not come to this decision light- ture American entrepreneurship here a relationship that will affect our chil- ly. I have never favored unilateral ap- at home so that we remain the world’s dren’s future. And how we manage this proaches. But the time has come to engine of innovation. relationship now will help determine take action. As long as we do so, we can be sure the long-term strength of our Nation. And the United States needs a that, as always, America’s best days lie Warren Buffett has an answer for thoughtful China policy that takes ac- ahead. anyone who questions America’s fu- tion on other fronts as well. The cur- Mr. DURBIN. Madam President, 14 ture. rency issue is only one of many prob- million Americans are currently unem- As he said earlier this year: lems facing American companies in ployed. The American people are resil- China. ient, strong and hard-working. If they The prophets of doom have overlooked the The problem of intellectual property are given a fair shot, they will succeed. all-important factor that is certain: Human potential is far from exhausted, and the theft in China is enormous. To cite but Unfortunately, as the world keeps get- American system for unleashing that poten- one example, an astounding 80 percent ting flatter, as our global economy tial—a system that has worked wonders for of the software installed on Chinese grows, Americans are not always given over two centuries despite frequent interrup- computers is pirated. That represents a fair shot.

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.055 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6310 CONGRESSIONAL RECORD — SENATE October 6, 2011 Last year the United States had a ports they do around the world, one- ate wealth through mining, agri- $273 billion trade deficit with China. third comes to the United States of culture, and manufacturing. The Pre- That means the U.S. imports more America. siding Officer’s home State of Min- goods from China than China imports Pretend you are in business for your- nesota has done all of those very well from the U.S.—$273 billion more. This self and you have a customer who buys over the years—mining where she grew is because Chinese goods are cheaper. one-third of your products, and they do up, and agriculture, which is huge and Why? Because China undervalues it something to make you mad. Are you which is why she is on the Agriculture currency. going to declare war on them? No. You Committee, as I am. And manufac- Madam President, 2.8 million jobs are going to sit down and figure out turing; Minnesota has done a lot of have been lost to China since 2001. 1.9 how to make it work. manufacturing. million of them are manufacturing We can never predict the future on In my home State of Ohio, we are jobs. And 117,000 jobs were in Illinois. darned near anything with certainty, third in the country in manufacturing Congress needs to help restore the whether it is the Minnesota Twins fin- output, behind only Texas, twice our strength of domestic manufacturing ishing in last place this year, Madam size, and California, three times our and bring jobs back to the United President—which I never would have size. So we know how to produce. We States. predicted because they were a good just want a level playing field to do it. In 2001 China joined the WTO and team in previous years—or whether it I thank the Presiding Officer, I yield agreed to play by the rules. China is trade law or the economy. But we the floor, and I suggest the absence of agreed to be on a level playing field knew that as soon as we passed this, a quorum. with other countries, to employ fair two things would happen. The PRESIDING OFFICER. The trade practices. That means no export One is that the Chinese—in this case clerk will call the roll. subsidies and no product dumping. it was the People’s Bank of China, the The Daily Digest clerk proceeded to China agreed to those terms, but it Ministry of Foreign Affairs, I think, call the roll. hasn’t always acted in accordance with and the Ministry of Commerce—would The PRESIDING OFFICER. The Sen- them. immediately squawk: Trade war, trade ator from South Dakota. China is breaking the rule underval- war, trade war. Unfortunately, some Mr. THUNE. Madam President, I ask uing its currency. China undervalues it others in this body and the newspapers unanimous consent that the order for currency by anywhere from 15 percent mimicked that, but it wasn’t going to the quorum call be rescinded. to 50 percent—depending on the meth- result in that. The PRESIDING OFFICER. Without odology used. When the Yuan—China’s The other thing we could pretty cer- objection, it is so ordered. currency—is low compares to the dol- tainly predict based on history is that Mr. THUNE. I ask that I be able to lar, Chinese products are cheap while the Chinese, after this strong vote— speak as if in morning business. U.S. products are expensive. So Ameri- which we got, thanks in large part to The PRESIDING OFFICER. Without cans buy cheap goods made in China, Senator SESSIONS—of 62 votes earlier objection, it is so ordered. but the Chinese do not buy goods made today, are probably going to let their CLASS ACT in America, made more expensive by currency appreciate a little bit because Mr. THUNE. Madam President, I their currency manipulation. How is they know we are calling their bluff. come to the floor today to talk about that fair to U.S. and American work- But for sure it doesn’t make sense for one of the dirty little secrets around ers? them to initiate trade wars. They may here, and that is the ticking time bomb According to a recent report, if China fight on some individual issues. They that is right under our noses and that, revalued its currency, we would see may fight on some products that were until recently, had been virtually ig- U.S. GDP increase by $287.7 billion, cre- made in Ohio or Alabama and fight nored until some recent activity in ation of 2.25 million U.S. jobs, and a back one issue at a time, and we will Congress and at the Department of lowering of the U.S. budget deficit by go to the WTO, the World Trade Orga- Health and Human Services brought $71.4 billion. nization, and have at it in a legal way, the program into the spotlight. That We don’t shy away from competition and we will win most of them because time bomb is the CLASS Act. in America. We play fair because we they are gaming the system. We might It is a long-term care entitlement know that we can compete with any lose one of our manufacturers, but we program created by the health care re- other country in a fair fight. This bill know in the end it will work out. form law. On Tuesday, the Wall Street marks an important step toward job That is why Senator SESSIONS is dead Journal described the inclusion of the creation and restoring the strength of right that this is right and that it is CLASS program in the health care law America’s economy in a globalized going to create jobs in our country. We as the definition of insanity. world. have seen the trade deficit increase, I ask unanimous consent to have The PRESIDING OFFICER. The Sen- and increase almost three times what printed in the RECORD a copy of the ar- ator from Ohio. it was when this started 10 years ago. ticle from the Wall Street Journal. Mr. BROWN of Ohio. Madam Presi- We are going to be in a much better There being no objection, the mate- dent, I appreciate very much Senator place—not tomorrow or the next day, rial was ordered to be printed in the SESSIONS’ comments, and even more I but next year, if we can get this RECORD, as follows: appreciate his work on this legislation. through the House of Representatives— [From the Wall Street Journal, Oct. 4, 2011] He was one of a couple of real key play- I am not assuming we will get this THE DEFINITION OF INSANITY ers in this legislation passing because passed today; I think we will here—if Why no one wants to repeal a program that he did such a good job of explaining to we get it to the House of Representa- everyone knows is a fraud. colleagues why this is a plus for Amer- tives, overwhelming support, 60 Repub- The Obama health-care plan passed 18 ican manufacturing and a plus for job lican cosponsors, 150 Democratic co- months ago, and its cynicism still manages growth in our country. sponsors, something like that—they to astonish. Witness the spectacle sur- I think about his comments, and the rounding one of its flagship new entitle- will want to move the bill in the ments, which is eliciting some remarkable major opposition to this bill has been House. concessions from its drafters. an accusation or a contention from op- The President and the Republican The Health and Human Services Depart- ponents—whether from some Members leadership in the House aren’t quite ment recently shut down a government in- of the Senate or the House or some where Senator SESSIONS and I are, but surance program for long-term care, known newspapers or economists—who say public pressure will get to them, and by the acronym Class. HHS also released a this would result in a trade war. we expect this bill to get to the Presi- statement claiming that reports that HHS is Fundamentally, as Senator SESSIONS’ dent’s desk. I think he will sign it in shutting down Class are ‘‘not accurate.’’ All comments indicate, the Chinese are not HHS did was suspend Class policy planning, the end, and I think it is good for Ala- told Senate Democrats to zero out Class going to initiate a trade war against bama, good for Ohio, and good for the funding for 2012, reassigned Class’s career their largest customer. We buy one- other 48 States. staffers to other projects and pink-slipped third of Chinese exports. Of all the American manufacturing is what the program’s chief actuary. Other than hundreds of billions of dollars of ex- built this country. You really only cre- that, it’s full-speed ahead.

VerDate Mar 15 2010 03:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.003 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6311 HHS is denying what everyone knows to be This is literally insane. It’s rare to get a ed the first warning in May of 2009. The true because everyone also knows that the political opening to dismantle any entitle- Chief Actuary is a nonpartisan official Class entitlement was not merely created to ment, much less one as large as Class. House who estimates the long-term financial crowd out private insurance for home health Republicans ought to vote to repeal it as effects of current law and proposed leg- aides and the like. Class was added to the soon as possible as an act of fiscal hygiene, bill because it was among the budget gim- forcing Senate Democrats to vote on it and islation. In May 2009, he wrote to other micks that Democrats needed to create the President Obama to confront (even if he HHS officials, some of whom were illusion that trillions of dollars of new won’t acknowledge) the fraud he signed into working directly with Senate Demo- spending would somehow reduce the deficit. law. crats, saying, ‘‘At first glance this pro- Benefits in the Class program, which was Mr. THUNE. Madam President, the posal doesn’t look workable.’’ The supposed to start up next year, are rigged by editorial highlights a point that I have Chief Actuary said a back-of-the-enve- an unusual five-year vesting period. So the been making since I first offered an lope analysis showed that the program people who sign up begin paying premiums immediately—money that Democrats amendment to strip the CLASS pro- would have to enroll more than 230 mil- planned to spend immediately on other gram from the health care reform bill lion people—more than the number of things, as if the back-loaded payments to back in December of 2009. The inclusion working adults in the United States— Class beneficiaries would never come due. of the CLASS program is perhaps one to be financially feasible. The $86 billion or so that would have built up of the most brazen budget tricks used A few months later, the Chief Actu- between 2012 and 2021 with the five-year lead by the majority in the health care re- ary was more assertive in his com- is supposed to help finance the rest of form bill. As the Wall Street Journal ments. In July of 2009, after reviewing ObamaCare. The Class program would go says: the latest information from Senate broke sometime in the next decade, but that CLASS was added to the bill because it was Democrats, he wrote HHS officials: would be somebody else’s problem. Opponents warned about this during the among the budget gimmicks that Democrats Thirty-six years of actuarial experience reform debate, and people on HHS’s lower needed to create the illusion that trillions of lead me to believe that this program would rungs were telling their political superiors dollars of new spending would somehow re- collapse in short order and require signifi- the same thing as early as mid–2009, accord- duce the deficit. cant Federal subsidies to continue. ing to emails that a joint House-Senate Re- Due to the 5-year vesting period re- Unfortunately, Democrats here in publican investigation uncovered. quired by the CLASS program, pre- the Senate needed the political win In one 2009 note, chief Medicare actuary miums will be coming in long before more than they needed to hear the Richard Foster—a martyr to fiscal honesty benefits must be paid. That pot of truth, so they pushed forward and in- in the health-care debate—wrote that ‘‘Thir- money somehow is simultaneously cluded the CLASS Act based off of illu- ty-six years of actuarial experience lead me used to reduce the deficit and pay for to believe that this program would collapse sory savings coming in the form of in- in short order and require significant Fed- other programs within the health care coming premiums from the paychecks eral subsidies to continue.’’ He suggested reform law. of hard-working Americans—inciden- that Class would end in an ‘‘insurance death When it is clear to Americans that tally, some of whom may never consent spiral’’ because the coverage would only be the money is not there to pay benefits to program participation. attractive to sicker people who will need to beneficiaries, this administration Late last month, there was another costly services. It could only be solvent if 230 will be long gone, and taxpayers are interesting development that occurred. million Americans enrolled, which is more going to be left holding the bag. It is, The Actuary tasked with designing the than the current U.S. workforce. at best, disingenuous the way the CLASS Program announced he was An HHS Office of Health Reform official, Democrats have promised individuals Meena Seshamani, rejected Mr. Foster’s cri- leaving his position at Health and tique because ‘‘per CBO it is actuarially who participate in the CLASS pro- Human Services and that the CLASS sound.’’ But of course CBO only scores what grams that their premiums paid into office was closing. HHS denied closing is presented to it, no matter how unrealistic. the CLASS system will be available to the CLASS office and said they are Despite this false reassurance, later even one pay out future benefits. still evaluating this program, but in a HHS political appointee took up Mr. Foster’s When I asked Secretary Sebelius blog post on healthcare.gov, HHS an- alarms, writing that Class ‘‘seems like a rec- about this program earlier this year in nounced they will be releasing a report ipe for disaster to me.’’ a Senate Finance Committee hearing, on CLASS sometime this month. I be- In February of this year, Health and she called the program ‘‘totally lieve this report will indicate that this Human Services Secretary Kathleen Sebelius unsustainable.’’ finally admitted the obvious, testifying at a program does not have the fiscal mus- Congressional hearing that, gee whiz, Class But HHS continued to push forward toward implementation, asserting that ter to move forward, but it is possible is ‘‘totally unsustainable’’ as written. By that HHS may try to hide that infor- then Class had become a political target of they have the authority to make changes in the program. mation. vulnerable Senate Democrats looking to If this Congress is truly concerned shore up their fiscal bona fides, despite vot- Given the inherent questions in the ing for it when they voted for ObamaCare. fiscal sustainability of the CLASS Act, about long-term deficits, this program Bowing to this political need, Mrs. I cochaired a bicameral group of Sen- should be at the top of the list of pro- Sebelius has repeatedly promised to use her ators and Representatives, along with grams to repeal. This program may not administrative discretion to massage Class’s Representative REHBERG and Rep- cost taxpayers money in the short finances until it is solvent. But given that term as the premiums are coming in, the office doing that work has now been dis- resentative UPTON from the House of Representatives, that investigated the but eventually it will require an ongo- banded, this evidently proved impossible, as ing bailout from taxpayers to the tune the critics claimed all along. behind-the-scenes story of the CLASS All of this would seem to make repealing Act. We released the findings of our in- of billions of dollars. Class an easy vote for Congress, but, this vestigation last month in a report enti- I filed an amendment to the current being Washington, it isn’t. Since the CBO tled ‘‘CLASS’ Untold Story: Taxpayers, legislation that is before us to repeal says Class’s front-loaded collections cut the Employers, and States on the Hook for the CLASS Act. It probably will not deficit to the tune of that $86 billion, HHS Flawed Entitlement Program.’’ I com- get a vote today, but I hope that some- has to pretend that the program is still alive mend it to my colleagues. This report time in the days ahead the Senate will to preserve these phantom savings. weigh in and exercise some common Some Republicans are also nervous about can be found by visiting my Web site, repealing Class because, under CBO’s per- http://thune.senate.gov. sense and do what we should have done verse scoring, they’ll be adding $86 billion to We found astonishing statements a long time ago; that is, strike and the deficit. Others would prefer not to repeal from within the Department of Health eliminate this program so we do not any of ObamaCare until they repeal all of it, and Human Services that show the have to deal with this massive on grounds that some of it might survive if lengths to which the administration timebomb that is ticking out there, the worst parts go first. Democrats knew this program was on a waiting for future generations of Amer- So an unaffordable entitlement that will crash course but proceeded anyway, icans who are going to be stuck with be a perpetual drain on taxpayers may con- the huge deficits that will occur when tinue to exist because of a make-believe statements such as, this program is ‘‘a budget gimmick that everyone now admits is recipe for disaster’’ with ‘‘terminal the inevitable happens. It is pretty bogus. Congress can’t reduce real future li- problems.’’ clear that it is only a matter of time, abilities because it would mean reducing The e-mails also show that the inde- as I submitted from the statements fake current savings. pendent Chief Actuary for CMS sound- that were made by the Actuary at HHS

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.009 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6312 CONGRESSIONAL RECORD — SENATE October 6, 2011 and statements made by the Congres- Our home is situated on a hill, and it There is little doubt that the sional Budget Office at the time. overlooks San Francisco Bay. I renminbi is undervalued. The Chinese There are all kinds of anecdotal evi- watched the big cargo ships pulling out leadership understands it, the Chinese dence out there and all kinds of empir- of the Port of Oakland going through people understand it, and the American ical evidence out there that suggests the Golden Gate. I watched five of people understand it. this is a program which is headed for them, and I saw they were half loaded. In April 2011, in a study by William fiscal disaster. It should not have been Half-loaded cargo ships leaving the Cline and John Williamson at the included as a pay-for in the health re- ports of America, going to Asia and Peterson Institute for International form bill. That is why it was included, particularly China, have become more Economics, it was argued that the because it showed some short-term rev- and more a part of daily routine. Most renminbi is undervalued by approxi- enues. But the long-term costs, like are loaded with scrap paper, but equal mately 28.5 percent. Other studies pro- many of the programs we funded here trade is missing. We import huge vide different estimates, but the con- in the past, have a long tail on them, amounts of goods from China, and the clusion that the renminbi is under- and the American taxpayer is going to same amount—with the exception of valued is constant in virtually every be stuck on the hook for a long time some high-valued goods—does not go study that has been done. This gives into the future. back to China. Chinese goods a steep advantage over I hope we will have the good sense I believe if we are going to have this U.S. goods. It results in a loss of U.S. here in the Senate to repeal this pro- great trading basin on the Pacific jobs, and it results in my putting on gram before it becomes the fiscal Ocean, everybody has to play by the my binoculars and watching huge nightmare and fiscal disaster I think same rules. In my view, this bill is not cargo ships leave the large port of Oak- everybody has predicted it would be. about putting sanctions on China. It is land going under the Golden Gate I yield the floor. not about imposing retaliatory tariffs. Bridge only half full. When it is half I suggest the absence of a quorum. It is about sending a clear message to full, it is usually waste paper. The PRESIDING OFFICER. The Beijing that we are serious about the You can only take so much of this. In clerk will call the roll. need to let the renminbi respond fully my own way, I have been importuning The legislative clerk proceeded to to market forces. the Chinese for over a decade. They are call the roll. Let me point out that China is not always polite, they always say, yes, Mr. BROWN of Ohio. Madam Presi- specifically mentioned in this bill. The they understand, but they also say, dent, I ask unanimous consent that the aim is to address misaligned exchange China has to take steps as China can order for the quorum call be rescinded. rates whenever we find them. This does take steps. Well, the United States is The PRESIDING OFFICER. Without not talk about manipulation of rates. now at a pivotal point. In the great objection, it is so ordered. The bill has three fundamental pur- State of California, our unemployment I yield the floor. poses. First, it requires Treasury to re- rate is over 12 percent, and the half- Mrs. FEINSTEIN. Madam President. port to Congress which currencies are empty cargo ships have to be filled up The PRESIDING OFFICER. The Sen- fundamentally misaligned—not manip- if we are going to have a fair trading ator from California. ulated, but misaligned—including community. As I look at it, letting the Mrs. FEINSTEIN. Madam President, those currencies that require priority renminbi float free is what is necessary I rise today to speak on the Currency action. to do this. Exchange Rate Oversight Act of 2011. Secondly, the legislation provides a In testimony before the Senate Bank- Before I get into the bill, I want to say mechanism for the Commerce Depart- ing Committee in September of 2010, this is not an easy vote for me. It is a ment at the request of a U.S. industry Treasury Secretary Tim Geithner ar- difficult vote because, beginning in to investigate whether an undervalued gued this: 1979, I developed a relationship as currency constitutes a subsidy subject The undervalued renminbi helps China’s mayor of San Francisco with China. to retaliatory tariffs. export sector and means imports are more Finally, the bill triggers certain pen- Over these 30-plus years, I have seen expensive in China than they otherwise alties. If a priority country fails to re- China make the greatest changes of would be . . . It encourages outsourcing of align its currency immediately upon virtually any large country in the production and jobs from the United States. designation, additional consequences And it makes it more difficult for goods and world. I know China has wanted to take effect after 90 and 360 days subject services produced by American workers to reach out, and the United States has to a Presidential waiver. compete with Chinese-made goods and serv- reached out. On the Pacific Coast we What does this all mean? What it ices in China, the United States, and third have developed a century of trade means is that for the first time we are countries. which long ago overtook the Atlantic going to monitor exchange rates and Every economic report agrees with Coast. This trade between Asia and determine whether any currency is our Treasury Secretary’s conclusion. this country is, indeed, large and misaligned. If that currency, in fact, is History indicates that is correct. Just prized. misaligned, then the bill triggers a pe- using one’s eyes indicates that is hap- During that time, I have had occa- riod of time to remedy that misalign- pening. Indeed, cheaper Chinese goods sion to have meetings with the former ment. If it is not remedied within 3 lead to bigger trade deficits with the President of China, the former Premier months, it provides additional action. United States, and that leads to fewer of China, and the latest Foreign Min- Again, all of this is subject to a Presi- U.S. jobs. ister on the subject of currency. I have dential waiver. Here’s another report by economist urged each to let the renminbi float In effect, what you have is the Sen- Robert Scott of the Economic Policy freely. ate of the United States speaking out Institute, and he found that between In every conversation, they have in- and saying enough is enough. The time 2001 and 2010, the trade deficit with dicated that Beijing is aware of the sit- has come to let the renminbi float free- China cost the United States 2.8 mil- uation and the need to allow the ly, just as the dollar floats freely, and lion jobs, of which 1.9 million were in renminbi to respond to market forces, we take the upside along with the manufacturing. Nothing makes up for and there has been some progress. downside. If that is the case, then you it. We have gained in education jobs, From July 2005 to July of 2008, the have an equal and fair trading commu- health care jobs, but they are minus- renminbi appreciated by 21 percent nity. If it is not the case, you have a cule in comparison with the loss of against the dollar, and since 2010 it has downward sloping trading community. manufacturing jobs. risen by an additional 7 percent. Unfor- The penalties include a prohibition The report also argues that this tunately, action on this matter has not on OPIC, the Overseas Private Invest- trade deficit has been compounded by been sufficient, and China continues to ment Corporation, loans; increasing China’s decision to keep the renminbi resist a free-floating currency. antidumping duties on imports from artificially low, essentially subsidizing My last conversation with a major countries with undervalued currencies; Chinese exports at the expense of their government official took place last a prohibition on Federal procurement; American competitors. Regardless of Friday evening in San Francisco. On opposition to any new financing from whether the number of job losses is as Saturday, I pulled out my binoculars. multilateral banks. high as the Economic Policy Institute

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.059 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6313 estimates, or as I have just said, at a As such, when addressing disputes that wan; and DeMint No. 689, right to time when we have got this national may arise between Washington and work; that upon disposition of the mo- unemployment rate at almost 10 per- Beijing, I believe it is in the interests tions to suspend, the pending amend- cent and 12 percent in California, we of both nations to use diplomacy and ments be withdrawn; that there be no have to use every tool at our disposal negotiation to find commonsense solu- other amendments, points of order or to put Americans back to work. That tions. motions in order other than budget means, quite simply stated, that the Yet, on this matter, I believe the points of order and the applicable mo- Senate can no longer afford to ignore time has come. We are past the polite tions to waive; that the bill be read a the devastation of the manufacturing talks where people say ‘‘I realize, I third time and the Senate proceed to sector in this country. know, I understand,’’ and not much vote on passage of the bill; finally, that A July 2009 article from the Harvard happens. In the last 10 years, it looked the time until 6:45 be equally divided Business Review by Gary Pisano and as if China were going to take action, between the two leaders or their des- Willy Shih argues that the decline in and then China has retrenched on that ignees. manufacturing will negatively impact action. So I believe we must send a The PRESIDING OFFICER. Is there our status as a leader in innovation. I clear signal to China that it has to objection? agree that in order for the United move faster to a market-based ex- Mr. MCCONNELL. Mr. President, re- States to address these ills and pro- change rate. serving the right to object. mote economic growth, we have got to I know China doesn’t like this. I The PRESIDING OFFICER. The mi- reclaim our leadership in research, de- know it has serious concerns about the nority leader. velopment, and high-tech manufac- bill. I understand that many U.S. com- Mr. MCCONNELL. I wish to make turing. In order to do so, we have to ad- panies and national organizations that sure I understand the amendment line- dress the undervaluation of the do business in China are concerned up. The majority leader has sub- renminbi. A market-based exchange about the impact this bill will have on stituted, I would say to my friend, or rate between the renminbi and the dol- our bilateral economic relationship. has added a Paul amendment, and it is lar is not going to solve all of our prob- But I also know over the 20-year period my understanding Senator PAUL is lems, and nobody should believe it will, I have been following the currencies of willing to stand down on that for the but it will create a level playing field. both countries, the improvement is time being and offer it on some other Trading communities cannot long exist small, and the impact on the United occasion. The Senator has added in on an unlevel trading field. States has been great. place of that—— So this is very important for Amer- So as a friend of China and a strong Mr. REID. Mr. President, if I could ica at this time. supporter of United States-China ties, I respond to that. On the list we have, In a sense—and I don’t like to say hope this vote will demonstrate our there were other amendments for Vit- this, but in a sense—the legislation is a deep concern. I hope it will give the ad- ter, Brown, and Johanns. It is my un- ‘‘shot across the bow.’’ It gives the ministration the leverage it needs to derstanding we have accepted a vote on Treasury Department and the Com- encourage Beijing to work with us and all those, except those three. So that is merce Department clear authority to our partners in the international com- a pretty good batting average. take actions against undervalued cur- munity to bring the renminbi into Mr. MCCONNELL. Mr. President, if I rencies wherever they may occur, and alignment with market forces. I do not may, I am still trying to get this cor- particularly for high priority cur- say this in a hostile way. I say it in rect. Let me just ask my friend, the rencies. But it is also important that friendship and with hope that there is majority leader, did his list include this bill is not merely about imposing a future where trading between China Coburn No. 670 on foreign aid? penalties. It is very well drafted, in my and the United States can be on equal Mr. REID. It included Coburn No. 670 view, and I read it cover to cover. It terms. on foreign aid, yes. mandates consultations with priority I also wish to salute the authors of Mr. MCCONNELL. It included Bar- countries, the International Monetary this legislation because I think they rasso 672 on cement regs? Fund, and key trading partners. In have done a very good job. Senator Mr. REID. Yes, it did. Mr. MCCONNELL. It included Hatch other words, it continues to place an BROWN, who is on the floor, Senator 680 On China? emphasis on dialogue and diplomacy. SCHUMER, Senator GRAHAM, and others The bill provides another tool for Mr. REID. The minority leader is have put forward, I think, a carefully correct. U.S. companies that have been affected worded bill which carries with it the Mr. MCCONNELL. It included by cheaper Chinese imports due to an real opportunity for change between DeMint No. 689 on right to work? undervalued renminbi. It makes it the trading relationships of our two Mr. REID. That is true. So I will go clear that Congress has the authority great countries. So I thank them, and over this once again, Mr. President. to investigate whether an undervalued I thank the Presiding Officer. Mr. MCCONNELL. It included currency is a subsidy subject to coun- I yield the floor. McConnell No. 735 on stimulus? tervailing duties, and it provides two Mr. President, I note the absence of a Mr. REID. Yes. well-known methodologies to deter- quorum. Mr. MCCONNELL. Cornyn 677 on Tai- mine the value of the benefit conferred The PRESIDING OFFICER (Mr. wan? on exports by an undervalued currency. FRANKEN). The clerk will call the roll. Mr. REID. Yes; that is right. Let me be clear. This bill does not The assistant legislative clerk pro- Mr. MCCONNELL. So the majority mandate any countervailing tariffs due ceeded to call the roll. leader has substituted from the list I to an undervalued currency. It simply Mr. REID. Mr. President, I ask unan- gave him a Paul amendment—the num- restates that Commerce has the au- imous consent that the order for the ber of which I don’t have—— thority to investigate whether such du- quorum call be rescinded. Mr. REID. 678. ties are appropriate if a domestic com- The PRESIDING OFFICER (Mr. Mr. MCCONNELL. Instead of the pany provides the proper documenta- BEGICH). Without objection, it is so or- Johanns amendment on farm dust. tion. dered. Mr. REID. Yes. Mr. President, as I Over the past 30 years, in visit after Mr. REID. Mr. President, I ask unan- have said, the list we were given on the visit, I have seen how dialogue and co- imous consent that at 6:45 tonight, the motions to waive that have been filed, operation have solidified ties between Senate proceed to votes in relation to we did not include on our list Vitter, the United States and China, and Sino- motions to suspend rule XXII with re- Brown or Johanns. American cooperation is very impor- spect to the following amendments: Mr. MCCONNELL. Mr. President, I tant. I watched the process becoming McConnell No. 735, dealing with the would like to try to modify the major- the foundation for what I believe is our jobs act; Coburn No. 670, dealing with ity leader’s list, not to expand the most important bilateral relationship. foreign aid; Paul No. 678, Federal fund- number because we agree on seven. But Indeed, in my view, this relationship ing audit; Barrasso No. 672, cement; the list I submitted to the majority can positively impact the security and Hatch No. 680, currency alternative; leader included the Johanns amend- economic well-being of both countries. Cornyn No. 677, fighter planes to Tai- ment No. 692 on farm dust, instead of

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.060 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6314 CONGRESSIONAL RECORD — SENATE October 6, 2011 the Paul amendment, the number of to go along with it. But that is my con- Now, since the Senate amended rule which I do not have. sent agreement. I can’t do any more. XXII in 1979, cloture has been a process Mr. REID. Mr. President, I can’t. We Mr. MCCONNELL. I might say to my to bring Senate consideration to a have tried, and I can’t get consent from friend, I may be confused from a par- close. The fundamental nature of clo- my side on that. So I can’t do it. liamentary point of view, but, tech- ture is to make consideration of the But I have offered seven. The one nically, I would ask the Parliamen- pending measure finite. Paul is taken off, and I am glad to hear tarian, through the Chair, if it requires The terms of rule XXII provide that that, but we will be glad to do his. We consent to offer motions to suspend at the question is this, and I quote: have offered seven, but it is not the this point. It is the sense of the Senate that the de- seven the minority leader wants. The PRESIDING OFFICER. The ma- bate shall be brought to a close. Mr. MCCONNELL. All I would say to jority leader. Indeed, late this morning, the Repub- my friend, the majority leader, is that Mr. REID. There is a unanimous con- lican leader stated, and I also quote we would sort of like to be able to pick sent pending. what my friend the Republican leader our amendments and not have him pick The PRESIDING OFFICER. If the said: them. We have worked hard to narrow Republican leader would restate the If 60 Senators are in favor of bringing a down to a list of seven. Senator PAUL question. matter to a conclusion, it will be brought to graciously decided he would step aside Mr. MCCONNELL. At the end of clo- conclusion. That’s just what happened a few for the moment, and we had included ture, would it require consent to offer minutes ago. the Johanns amendment on farm dust. motions to suspend? So I repeat, that is what the Repub- I would remind everyone the minor- The PRESIDING OFFICER. Once an lican leader said. ity has not been able to offer any amendment slot is available, the mo- Now, notwithstanding the clear na- amendments prior to cloture, and now tion to suspend is in order. ture of the cloture rule to provide for we are left with motions to suspend, at Is there objection to the unanimous finite consideration of a measure, a a 67-vote threshold, and all we are ask- consent? practice has begun in this Congress Mr. MCCONNELL. Reserving the ing for is the right to pick our own that has undermined the cloture rule. right to object. amendments. The practice has risen of Senators fil- The PRESIDING OFFICER. The Re- I appreciate the majority leader ing multiple motions to suspend the publican leader. agreeing to seven. That is the number rules for the consideration of further Mr. MCCONNELL. Let me just say, we had finally settled on. But I do again, all we are asking is the oppor- amendments. think it would be fair to let the minor- tunity to prioritize the seven that the So on this measure, the Republican ity pick its amendments. We had hun- minority would like to offer. Senators have filed nine motions to dreds of amendments that people would At the end of cloture, as I just heard suspend the rules to consider further have liked to have had. We worked the Parliamentarian say, we would be amendments. But the same logic that very hard to get it to a list of seven. I entitled to offer it anyway. We are try- allows for nine such motions could lead don’t think it is unreasonable, not hav- ing to cooperate and get these motions to the consideration of 99 such amend- ing any amendments prior to cloture, lined up in a way that would give ev- ments. The logical extension of allow- to at least be able to prioritize our erybody an opportunity to vote short- ing for the consideration of further seven. ly. amendments, notwithstanding cloture, Mr. REID. Mr. President, two things: I just would say to my friend the ma- leads to a consideration of a poten- First of all, the Hatch amendment, jority leader, it doesn’t seem to me un- tially unending series of amendments. that has always been offerable. We reasonable for the minority to be able The logical extension of this practice is would have voted on that, and every- to pick the minority’s amendments. It to lead to a potentially endless vote- one within the sound of my voice was challenging enough for us to filter arama at the end of cloture. should know that. our way through the hundreds that my This potential for filibuster by We agreed to that—that he should be Members would have liked to have of- amendment is exactly the cir- able to offer that amendment. We also fered to get down to seven. It was par- cumstance that the Senate sought to talked about other amendments that ticularly challenging since they were end by its 1979 amendments. Plainly, could have been offered. We did not not allowed to offer any amendments Mr. President, this practice has gotten stop the amendments from being of- prior to cloture on the bill, which out of hand. fered. My friend the Republican leader would be the normal process around I see on the Senate floor the junior filled up the slot that was available, here. Senator from the State of Oregon. He and he didn’t want to take it down. We Mr. REID. Mr. President, is there an and a number of other Senators worked were willing, even though they were up objection to my consent? very hard at the beginning of this Con- there, to move other amendments. He The PRESIDING OFFICER. Unani- gress to kind of change what was going didn’t want to do that, for reasons I mous consent is pending. Is there ob- on around here, to make things move don’t understand, but that is the way it jection? more quickly, to make things move was. Mr. MCCONNELL. I object. more fairly. There was a lot of talk We have agreed to seven nongermane, The PRESIDING OFFICER. Objec- about we are going to try to move nonrelevant amendments, and I think tion is heard. things along, we are not going to hold that is fair. I have worked a good share The majority leader. up motions to proceed, and all that. of this afternoon trying to clear some Mr. REID. Mr. President, on Tuesday, But that hasn’t worked too well. of these other amendments. We have 79 Senators moved to invoke cloture on I say to my friend through the Chair, gotten permission from the Democratic the motion to proceed to this bill, the the Senator from Oregon, this is an- Senators to have votes on these mat- China currency manipulation legisla- other example of how the rules have ters I have listed. I cannot get consent tion. After the Senate decided it want- been abused this Congress. This didn’t on the Johanns amendment. I cannot ed to consider this bill, I spoke with happen—it happened rarely last Con- get consent on the Brown amendment. the Republican leader about how the gress, but this is standard procedure I cannot get consent on the Vitter Senate could agree to consider a rea- now, again, in an effort to avoid the amendment. I can’t do that. I have sonable number of relevant amend- rules. tried. I can’t get it done. So these are ments. The Republican leader re- This practice has gotten way out of the ones I can get. sponded with a patently nongermane hand. So notwithstanding this abuse, On the Paul amendment, in my last amendment. That action pretty much this morning I once again offered to conversation with the Republican lead- froze the amendment process. work together with the Republican er he told me that Paul wasn’t offered, Notwithstanding that impasse, ear- leader to come to a reasonable number and I appreciate that. But that is lier today 62 Senators moved to invoke of motions to suspend. The Republican where we are. We could have six votes. cloture on this bill. Manifestly, this is leader and I discussed—we had a list of We could complete this very quickly. I a measure that a supermajority of Sen- nine or ten motions to suspend on don’t like this process, but I am going ators wish to pass. which he sought votes. I note that

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The ma- everyone’s interest that we would vote That is what has led us to where we are jority leader. on this on Tuesday when we come now. Unless the Senate votes to change Mr. REID. Is there a sufficient sec- back. We have a judge we could vote on its precedents today, we will be faced ond? who is already settled. We could vote with a potentially endless series of mo- The PRESIDING OFFICER. Is there a on final passage on this, and then we tions to suspend the rules after the sufficient second? will vote on the jobs bill that is up. Senate has voted overwhelmingly to There is a sufficient second. Then what we are going to do is that bring consideration to a close, and that The PRESIDING OFFICER. The night we will work to have an agree- is a result that a functioning democ- question is, Shall the decision of the ment that is arranged, because we racy cannot tolerate. Chair stand as the judgment of the don’t have the time worked out on I, Mr. President, withdraw my Senate? this, as to how much time. Under the amendment No. 695. The clerk will call the roll. rule, there is 60 hours. We are not going The assistant legislative clerk called The PRESIDING OFFICER. The Sen- to use 60 hours on these three trade the roll. ator has that right. agreements. But everyone should un- Mr. DURBIN. I announce that the MOTION TO SUSPEND RULE XXII, PARAGRAPH NO. derstand we are going to finish the Senator from California (Mrs. BOXER) 2, INCLUDING GERMANENESS REQUIREMENTS, trade agreements on Wednesday. If is necessarily absent. FOR THE PURPOSE OF PROPOSING AND CONSID- that means people want to spend 20 The PRESIDING OFFICER. Are there ERING AMENDMENT NO. 670 hours debating one of them, they may any other Senators in the Chamber de- Mr. REID. I call up the motion to have to spend all night Tuesday doing siring to vote? suspend rule XXII, including germane- The result was announced—yeas 48, that, because we have some things here ness requirements, filed yesterday by nays 51, as follows: that we have made commitments to do. Senator COBURN for the purpose of pro- Mr. MCCONNELL. Mr. President, will [Rollcall Vote No. 157 Leg.] posing and considering amendment No. the majority leader yield? 670. YEAS—48 Mr. REID. Yes. The PRESIDING OFFICER. The Alexander Enzi McConnell Mr. MCCONNELL. What I hear the Ayotte Graham Moran majority leader saying is we are going clerk will report the motion. Barrasso Grassley Murkowski The assistant legislative clerk read Blunt Hatch Nelson (NE) to vote on the trade agreements on as follows: Boozman Heller Paul Wednesday. Is that what my friend is Brown (MA) Hoeven Portman The Senator from Nevada [Mr. REID], for saying? Burr Hutchison Risch Mr. REID. That is what I said. Mr. COBURN, moves to suspend rule XXII, Chambliss Inhofe Roberts paragraph No. 2, including germaneness re- Coats Isakson Rubio Mr. MCCONNELL. That means the quirements, for the purpose of proposing and Coburn Johanns Sessions President of South Korea will have the considering amendment No. 670. Cochran Johnson (WI) Shelby opportunity to address the joint ses- Collins Kirk Snowe Mr. REID. Mr. President, I make a Corker Kyl Thune sion on Thursday, having, hopefully, point of order that the motion to sus- Cornyn Lee Toomey seen the United States approve these pend is a dilatory motion under rule Crapo Lugar Vitter long-awaited trade agreements. XXII. DeMint McCain Wicker Mr. REID. So unless someone has The PRESIDING OFFICER. The NAYS—51 some objection, we will leave here for point of order is not sustained. Akaka Hagan Murray the evening and the staff will work out Mr. REID. I appeal the ruling of the Baucus Harkin Nelson (FL) a proper unanimous consent agreement Begich Inouye Pryor that I will announce at some subse- Chair and request the yeas and nays. Bennet Johnson (SD) Reed The PRESIDING OFFICER. Is there a Bingaman Kerry Reid quent time after conferring with the sufficient second? Blumenthal Klobuchar Rockefeller Republican leader. Brown (OH) Kohl Sanders Mr. MCCONNELL. Mr. President, I Mr. WICKER. Mr. President, has a Cantwell Landrieu Schumer unanimous consent request been pro- have a parliamentary inquiry. Cardin Lautenberg Shaheen The PRESIDING OFFICER. The Re- Carper Leahy Stabenow pounded, or was the majority leader publican leader. Casey Levin Tester simply stating that we would proceed Conrad Lieberman Udall (CO) to vote on Tuesday unless there was Mr. MCCONNELL. If I may make a Coons Manchin Udall (NM) brief observation. Listening carefully Durbin McCaskill Warner objection? to the majority leader, he is suggesting Feinstein Menendez Webb The PRESIDING OFFICER. The ma- the specter of filibustering by amend- Franken Merkley Whitehouse jority leader. Gillibrand Mikulski Wyden Mr. REID. What I said is that—my ment when, in fact, we had already friend from Mississippi is right. Unless agreed to seven. NOT VOTING—1 someone has an objection, we will set Having agreed to seven, it strikes me Boxer things up to vote Tuesday evening; as very difficult to argue that we are The PRESIDING OFFICER. On this otherwise, we would have to vote to- establishing some precedent for filibus- vote, the yeas are 48, the nays are 51. morrow afternoon. tering by amendment because he and I The decision of the Chair does not Mr. WICKER. Mr. President, if I had agreed to seven. The only place stand as the judgment of the Senate. could reserve the right to object, and I this ran aground was the majority Therefore, the point of order is sus- may or may not object but—— leader trying to pick all seven of the tained. The PRESIDING OFFICER. There is minority’s amendments. Mr. REID. Mr. President, I know no unanimous consent at this time. So what we have is that no amend- there are some hurt feelings here, per- Mr. WICKER. I wish to be recognized ments have been considered other than haps on both sides, because this hasn’t to speak then. those of a technical nature offered by been easy for me, either, but let’s not The PRESIDING OFFICER. The ma- the majority leader in order to fill up dwell on that. But I want the record to jority leader still has the floor. the tree. That was prior to cloture. So reflect that the fact that we have to do Mr. REID. Mr. President, I note the what is about to happen is that the ma- things sometimes that are difficult absence of a quorum. jority is trying to set a new precedent doesn’t mean Senator MCCONNELL and I The PRESIDING OFFICER. The on how the Senate operates. have any problems with each other. I clerk will call the roll. For the record, my preference would want to make sure the record is clear The legislative clerk proceeded to have been to consider amendments on in that regard. call the roll.

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.073 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6316 CONGRESSIONAL RECORD — SENATE October 6, 2011 Mr. CORKER. Mr. President, I wish week to lead us to the place that we So what procedurally took place is to vitiate the quorum. are. That is all I am asking. That is all this: I believe, as I indicated in my The PRESIDING OFFICER. Is there I want to know. Explain how the great- opening statement, that rule XXII objection? est deliberative body, on a bill that dealing with cloture says that when Mr. REID. Yes. many would say was a messaging bill cloture is invoked, it is finite—it is fi- The PRESIDING OFFICER. Objec- in the first place, ended up having no nite; it ends debate on that issue unless tion is heard. amendments, and we are in this place there are amendments that have been The clerk will continue the call of that we are right now. I would just like filed that can be dealt with during the the roll. to understand that. 30 hours. There were not any in this in- The legislative clerk continued the Mr. REID. Mr. President, through the stance. call of the roll. Chair to my friend from Tennessee and So I have been here quite a while, Mr. WICKER. Mr. President, I reserve others who wish to listen, we moved to and one of the most unpleasant things the right to object. If the Senator wish- this legislation, the China currency, I have had to deal with over the years es to speak, I don’t want to prevent with a heavy vote. We had 79 Senators has been the vote-arama when we do him from speaking. who wished to proceed to that. Once we the budget thing. We have had 60, 70, The PRESIDING OFFICER. The Sen- were on the bill, I partially filled the 80, 120 amendments filed. Under this ate is in a quorum call. tree. procedure that has recently been Mr. VITTER. Mr. President, I move Why did I do that? I have found over adopted, by the minority in this in- to vitiate the quorum. the last Congress and 9 months that stance, there is no limit to how many The PRESIDING OFFICER. Is there when I try to have an open amendment amendments could be filed. Today objection? process, it is a road to nowhere. It just there were 9 or 10. Mr. UDALL of New Mexico. I object. has not worked. We have not been able The PRESIDING OFFICER. There is to effectuate a single bill being passed This has to come to an end. This is objection. that way. Regardless of whether that is not a way to legislate. That is why the The clerk will continue to call the right or wrong, that is what I did. motion to overrule the ruling of the roll. Senator MCCONNELL wanted to offer Chair—that is why I made that. I think Mr. VITTER. Mr. President, I have a an amendment on the President’s jobs this is something that was discussed in parliamentary inquiry. bill. That, in effect, tied us down be- great detail at the beginning of this The PRESIDING OFFICER. The Sen- cause he was unwilling to let us move Congress. I have a number of Senators ate is in a quorum call. to any other amendments. I was will- on my side who believe very strongly, Mr. VITTER. Mr. President, I move ing to move to other amendments. Spe- as my friend from Tennessee has just to vitiate the quorum. cifically, everyone who was involved in described, that the Senate has become The PRESIDING OFFICER. Is there this process thought that Senator a place where it is very difficult to de- objection? HATCH was entitled to an amendment bate anything. So Senator MERKLEY Mr. UDALL of New Mexico. I object. because his was clearly germane and and Senator UDALL, joined by others, The PRESIDING OFFICER. There is relevant. But without going into ‘‘he wanted to change the rules. objection. said, he said,’’ the fact is no amend- At that time, we believed, and the The clerk will continue to call the ments were offered, even though I was Parliamentarian and all the law that roll. happy to have some amendments of- we were familiar with said, a simple The legislative clerk continued the fered. majority could change the rules dra- call of the roll. Now, what has happened over the last matically as to how it relates to fili- Mr. REID. Mr. President, I ask unan- 9 months is that—and even this went buster and all other things. I felt that imous consent that the order for the on last year, where we learned about certain changes were important and quorum call be rescinded. this—when cloture was invoked, Sen- maybe we should ease into this. That is The PRESIDING OFFICER. Is there ators—it was led by Senator DEMINT, why we are not reading the amend- objection? and then Senator COBURN picked up on ments now, as we used to be forced to Without objection, it is so ordered. this quickly—as soon as cloture was in- do on occasion, and we had a gentle- Mr. REID. Mr. President, thank you voked, motions to suspend the rules man’s agreement motions to proceed very much. were filed. would be not opposed generally, and I As I understand the rules, each Sen- Now, as I have said today, that was would not fill the tree all the time. ator is entitled to 1 hour to speak done in this instance. I know my Re- As a result of that, Senators postcloture if they care to. It is my un- publican friends say: The reason we did MERKLEY and UDALL, much to their derstanding that Senators CORKER, that is because we could not offer consternation because I did not join WICKER, and VITTER wish to speak amendments on the underlying bill. I with a majority of my caucus, opposed postcloture. It would be better for ev- disagree with that. I think people could what they did because I was hopeful eryone here—and if they want to speak have offered amendments. But we were that we could get back to doing some for an hour, that is fine; I have no at the point where we were. We had 9 or legislating that we had done in the place to go—but if we could all have an 10 motions to suspend the rules. I past. idea as to how long Senator CORKER, worked all day, much of the time later Senator WICKER, and Senator VITTER this afternoon with Senator MCCON- Now, I feel very comfortable that wish to speak, it may help us better NELL, trying to come up with a list of what we are doing and what we did manage what is going on here. those motions to suspend. I had to get today is the right thing to do. My staff, So if I could direct this question the approval of my caucus to move to this morning, when I talked about through the Chair to my friend, the all those amendments. I could not do doing this—the first thing they said to Senator from Tennessee, Mr. CORKER. it. I could not. I, in effect, made a num- me: Well, what if you are in the minor- The PRESIDING OFFICER. The Sen- ber of my Senators very unhappy by ity? ator from Tennessee. moving to amendments that are ex- Let me tell everybody within the Mr. CORKER. Mr. President, thank tremely difficult. sound of my voice, if I were in the mi- you for recognizing me. The only amendment I am aware of nority, I would not do this. I think it is I really do not want to speak. Here is that is germane to what we are work- dilatory and wrong, just as I have said what I want to happen. I think Mem- ing on is Senator HATCH’s amendment. when we were in the now famous de- bers on both sides of the aisle believe The rest of them are not germane. bate dealing with the judges issue that this institution has degraded into a They may be good amendments, great we had, the nuclear option. I said if I place that is no longer a place of any message amendments, causing a lot of were in a position to exert what I felt deliberation at all. I would like for you pain over here, but I agreed to do seven was the nuclear option on judges, I and the minority leader to explain to of the nine. Senator MCCONNELL said would not do it. And I would not. I us so that we have one story here in he needed at least one more. I could think we have to do a better job of leg- public as to what has happened this not get one more. islating under the rules.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.075 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6317 So even though perhaps Senator I do not know why anybody should I think we made a big mistake to- MERKLEY and Senator UDALL were dis- act as though they were offended by night. As soon as we all kind of cool off appointed in my advocacy to not mas- nongermane amendments. This is the and think about it over the weekend, I sively change these rules, I went along Senate. We do not have any rules of hope we will undo what we did tonight hoping things would work out better. germaneness. No, we do not. Any sub- because it is not in the best interests of What just took place is an effort to try ject on any bill can be offered as an this institution or the American peo- to expedite what goes on around here. amendment. We all know that. ple. Am I 100 percent sure that I am right? The fundamental problem here is The PRESIDING OFFICER. The ma- No. But I feel pretty comfortable with that the majority never likes to take jority leader. what we have done. There has to be votes. That is the core problem. And I Mr. REID. Mr. President, the Senate some end to these dilatory tactics to can remember, when I was the whip in should function like the Senate. I ac- stop things. Cloture means end; it is the majority, saying to my members knowledge that. But we have major over with. over and over again, when they were pieces of legislation that have been Mr. MCCONNELL. Mr. President, who whining about casting votes they did brought down as a result of not being has the floor? not want to vote, that the price of able to have finality of that legisla- The PRESIDING OFFICER. The ma- being in the majority is that you have tion, unending amendments that are jority leader has the floor still. to take bad votes because in the Sen- not germane or relevant. The small Mr. MCCONNELL. I would like to ate, the minority is entitled to be business innovation bill that had also give my version, if I may, to the heard—not entitled to win but entitled passed in past years easily, we had the distinguished Senator from Tennessee. to be heard. So that is the core prob- Economic Development Administra- Mr. REID addressed the Chair. lem. tion bill that passed easily in the past, The PRESIDING OFFICER. The ma- I would say to my friend the major- job-creating bills on which we had an jority leader has the floor. ity leader—and this is nothing personal open amendment process—they were Mr. REID. I yield to my friend, the about him; I like him, and we deal with simply stopped. Republican leader, to respond to any each other every day—we are fun- There are rules of germaneness in the questions that the Senator from Ten- damentally turning the Senate into the Senate. There are rules of germaneness nessee may have. House: no amendments before cloture, in the Senate. Let’s think about these The PRESIDING OFFICER. Without no motions to suspend after cloture, amendments that I agreed to. There objection, it is so ordered. and the minority is out of business. are others I did not agree to, but there Mr. MCCONNELL. Yes. Let me, for And it is particularly bad on a bill that are amendments that I agreed we the benefit of our colleagues, explain has the support of over 60 Members, as should have a vote on, not that I want- what, in fact, happened. It is not com- this one did. If you are not among ed to have a vote on them because they plicated. those 60, you are out of luck. had nothing to do with the underlying It was pretty clear, whether you Now, look, this is a bad mistake. The bill—nothing. There are rules of ger- liked this bill or did not, it was going way you get business done in the Sen- maneness that that should be the case. to pass. You could tell that by cloture ate is to be prepared to take bad votes. DeMint amendment, right to work; on the motion to proceed with a very At some point, if 60 Members of the Cornyn amendment, fighter planes to large majority. So I do not think my Senate want a bill to pass, it will pass. Taiwan—we already had a vote on that, good friend the majority leader had to If 60 Members of the Senate do not but we agreed to have another one; worry about whether his bill was ulti- want a bill to pass, it will not pass. It Hatch amendment—that one is rel- mately going to pass. The question was is more time consuming. I assume that evant and it is germane; Barrasso whether there were going to be any is why a lot of people ran for the Sen- amendment, cement—not so; Paul, amendments at any point to the bill. ate instead of the House—because they Federal funding; Coburn, foreign aid; And my conference made a decision— wanted to be able to express them- McConnell, jobs act. actually against my best advice—to go selves. This is a free-wheeling body, Part of cloture is enforcing germane- on and invoke cloture on the bill after and everybody is better off when we op- ness. That is what it is all about. We we had no amendments. The reason we erate that way. Everybody is, whether are happy to do germane amendments. had no amendments is because the ma- you are in the majority or the minor- But the fact is, the Republican leader jority leader used a device we have all ity, because today’s minority may be himself decided not to have amend- become too familiar with called filling tomorrow’s majority, and the country ments on this bill. I agreed to amend- the tree, thereby allowing no amend- is better off to have at least one place ments on the bill prior to cloture. Ev- ments he does not approve. And he said where there is extended debate and erybody probably does not know that; that we are open for amendments, but where you have to reach a super- they should because that is the way it what he means is this: We are open for majority to do things. is. any amendment I approve. So he filled So I would say to my good friend the So we have to make the Senate a bet- the tree and, prior to cloture on the majority leader that I understand his ter place, and I think a better place is bill, controlled whether any amend- frustration. But you were going to win to do what was done tonight, to get rid ments would be allowed and chose not on this bill. You did not need to jam of these dilatory amendments. I mean, to allow any, as a practical matter. So us. You should not jam us on any bill, we would be happy if poor Senator against my best advice, my conference but on this bill you were going to win. BINGAMAN could get some bills out of decided to invoke cloture on the bill. Now, some of us think we were wasting the Energy Committee. We could do So we were moving to approving the our time because, as the Senator from something on cement. If we could get bill with no expression whatsoever. Tennessee said, this was not going to some bills out of the Foreign Relations So we have in the postcloture envi- become law anyway, and we are sitting Committee, we could maybe look at ronment the motion to suspend, which around here when we ought to be pass- foreign aid. has not been abused by this minority— ing trade bills. These things are dilatory and only not been abused by this minority. The The President has asked us to vote unnecessary, in an effort to divert from majority leader, in effect, has over- on his jobs bill. I wanted to give him an what we are really trying to do here; ruled the Chair with a simple majority opportunity to have his vote the other that is, legislate. vote and established the precedent that day. You guys did not even want to So the issue is this: I believe what we even one single motion to suspend— vote on what the President was asking did at the beginning of this Congress even one—is dilatory, changing the us to vote on without any changes. But was the right thing to do, but as the rules of the Senate. And if you look you can prevent that, and you did. weeks and months have rolled on, back at his bill, what we have had, in Look, let’s not change this place. wasting months of our time on a CR effect, is no amendments before clo- America does not need less debate, it that was done—on a series of CRs—1 ture, no motions to suspend after clo- needs more debate. And when 60 Mem- week, 2 weeks, 3 weeks—to fund the ture, no expression on the part of the bers of the Senate decide to pass some- government until October, a few days minority at all. thing, it will pass. ago—what a waste of time. We have

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.076 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6318 CONGRESSIONAL RECORD — SENATE October 6, 2011 spent months—months—on raising the So we can do all of the make-believe Mr. WICKER. I thank the distin- debt ceiling, making it nearly if not that my friend the Republican leader is guished majority leader for yielding. I impossible to legislate on other mat- talking about, about what great things will not take long. ters. And when we get a chance to leg- should happen around here. Well, I will I have been in the Senate 4 years islate, we should not be held up by tell you a few things that should hap- now, and I think my colleagues know I these dilatory matters. pen: We should be able to move matters do not come down to the floor and I am willing to legislate. I have through here that have been happening spout a lot of hot air. But I have to be taken a lot of hard votes in my career, since the beginning of this country— heard tonight. and I would have been willing to vote nominations, for example. We can’t do I will agree with my friend the ma- on these. But there has to be an end to that because my friend the Republican jority leader on one thing: This is no this. leader, as candid as he was, said his No. way to legislate. He said those words a I would be happy to yield to my 1 goal is to defeat President Obama. few moments ago, and I agree. friend. That is what has been going on for 9 We have become accustomed to a Mr. MCCONNELL. Let me make sure months here, and this issue relating to procedure, and I have disagreed with we understand. There are not any rules these dilatory tactics on these motions that procedure, but it has been the reg- of germaneness precloture in the Sen- to suspend the rules is just part of that ular order during the time I have been ate. There are not any. Any amend- game that is being played. Let’s get here; that is, the usual practice is a bill ment can be offered on any subject. back—I agree. I agree. Let’s get back is brought to the floor, and the major- And that has been one of the great to legislating as we did before the ity leader immediately offers every frustrations of every majority down mantra around here was ‘‘Defeat amendment that can possibly be of- through the years. We all know that. Obama.’’ fered in a parliamentary way, thus fill- So my friend the majority leader, in Mr. LEAHY. Would the majority ing the amendment tree and preventing order to prevent the votes on unpleas- leader yield for a question? other Senators from offering amend- ant amendments, fills up the tree and Mr. REID. I would be happy to yield. ments. decides himself that he is going to con- The PRESIDING OFFICER. The Sen- Then cloture is filed and we don’t fine the amendments to those that are ator from Vermont. have an opportunity to have a full either germane—relevant—or, put an- Mr. LEAHY. Mr. President, I pose hearing. I am told this has not always other way, of his choosing, whatever this question, and as I look around this been the practice, but we have been ac- you want to allow. floor, with the exception of Senator customed to that practice. My friend keeps talking about wast- INOUYE, my dear friend from Hawaii, What happened tonight is far dif- ing time. Well, wasting time to him nobody has served in this body longer ferent from that. I think that is why might not be wasting time to us. We than I have—on the current member- my friend from Tennessee propounded might not think that offering an ship—nobody. I keep hearing this talk the question to the majority leader. We amendment on something we think is about 60 votes. Most votes you win by had a bill—and it may be a messaging important for the country is a waste of 51 votes, and this constant mantra of 60 bill, but if it were passed, it would be a the Senate’s time. votes, 60 votes—this is some new inven- significant piece of legislation. I think So who gets to decide who is wasting tion, I tell my friends, based on my both sides acknowledge that. No time around here? None of us. None of sense of history. amendments were allowed precloture us have that authority to decide who is So my question to the majority lead- and no amendments have been allowed wasting time. But the way you make er, whether we were here with a Demo- postcloture. The majority leader, this things happen is you get 60 votes at cratic majority or a Republican major- very day, after the cloture vote assured some point, and you move a matter to ity, does he remember a time when the Senate that we would be operating conclusion, and the best way to do that judges who were confirmed unani- under an open process. He said those is to have an open amendment process. mously—every single Republican, words. Not only that—and perhaps the That is the way this place used to oper- every single Democrat voting for them majority leader, when I finish in a mo- ate. out of committee—would then sit on ment or two, could correct me—I be- I have been here a while. I know this the calendar for 3, 4, 5, sometimes 6 lieve I heard the majority leader say is not the way it has always happened. months because there was not an we would be allowed to offer motions This is not the way we always oper- agreement to vote on them without a ated. And we did get things accom- 60-vote supermajority? I cannot re- to suspend the rules on a number of plished, not by trying to strangle ev- member it at any time in 37 years. I do amendments, and debate would be al- erybody and shut everybody up but by not know if the majority leader can re- lowed. What occurred was that Senator allowing the process to work. And call such a time. when the Senate gets tired of the proc- Mr. REID. The Senator from COBURN offered his motion to suspend ess, 60 people shut it down, and you Vermont has been here longer than I the rule on his amendment. We as- move to conclusion. That is how you have, but he is absolutely right. sumed we would be able to do this on move something ahead, not by pre- I would also add this: that the Repub- at least a few amendments. But the venting the voices. lican leader said—and I think this says very first amendment that was offered, I mean, we have sat around here 2 it all—today, as an extemporaneous re- the majority leader suggested to the days in quorum calls. Have you all no- mark from his position here where he Chair, and made the point of order to ticed that? We could have been voting is now standing, and I quote: the Chair, that it was dilatory—one on amendments. Sitting around in If 60 Senators are in favor of bringing a amendment. That was deemed dilatory quorum calls—talk about a waste of matter to conclusion, it will be brought to a by the majority leader, and the Parlia- time. conclusion. mentarian correctly instructed the Mr. REID. I am going to respond to That is what happened a few minutes Chair to overrule that suggestion by this. I don’t know the exact number ago, and that is what cloture is all the majority leader, upholding the now, but almost 30 judges are waiting about. That is what cloture is all precedent of the Senate. And one by to be approved, people who are waiting about. one, Democratic Members of this body to change their lives, doing their patri- I believe in cloture. As I have indi- had to march down and vote to over- otic duty, public service. I can’t file cated several times earlier, I was not in rule the Parliamentarian of this Sen- cloture on all of those. There are 29 of favor of changing the rules relating to ate for the very purpose of shutting them. cloture as some of my colleagues did. down the chance to offer one single We have been stymied here in this But I think this is a step forward. It amendment, when the majority leader Congress in getting things done—hold- will make this process work a lot bet- well knew he had the votes to win. But ing up nominations for judges, holding ter. our rules have, I thought, been de- up nominations—some people have I want to yield for a question to my signed—and I think our society is de- been on the Executive Calendar for a friend from Mississippi. signed this way—around the concept long, long time. It is unfair. That is The PRESIDING OFFICER. The Sen- that the minority has an opportunity what is going on around here. ator from Mississippi. to be protected; the minority has an

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.077 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6319 opportunity to be heard in this body, of We could have been done with this bill written down by mistake instead of 387. all bodies. yesterday. Instead, everybody cools It was filibustered—60 votes. So our de- What we have done tonight—unless their heels, waits around, while some fense is to fill the tree. we can remove that—is we have negotiation takes place—sort of a self- But what we ought to try to do changed the rules of the Senate on a appointed rules committee. And at the here—and, as I said, the Senator from messaging bill, on a matter that the end, something like this happens. Tennessee and I futilely tried earlier majority leader had the votes on. That I wish to understand from the lead- this year to maybe calm things down— is my objection. That is why I am so er’s perspective why we don’t just vote is to maybe use this flashpoint to try disturbed about the overreaction and on amendments? We could have been to come together and work that out heavyhandedness of this move. done yesterday. again. Maybe the minority would not This is not a matter of supporting Mr. REID. Mr. President, I will try to routinely filibuster everything—ap- the leader on one bill that he wants to respond to my friend. People around pointments, judges, minor bills—and get us out of town on. This is prece- here are talking as if this is something can save it for the major bills. In re- dent. Unless we can change it, we have that never has happened before. This turn—and I agree with the minority forever changed the right of the major- has happened—I don’t remember all the leader that the deal around this place ity to be heard postcloture. I am sad- times since I have been in the Senate is the majority sets the agenda and the dened about that. that the Chair—as brilliant as our Par- minority gets to offer amendments. Mr. REID. Mr. President, first of all, liamentarian is, and the Chair does its That has been the rule since I got here amendments could have been offered best to distinguish what the Parlia- and one of the reasons—he is correct, I precloture. My friend said he thought mentarian wants, but he is not always say to my friend from Kentucky—why we were going to be able to offer some sustained. I have been involved in a I left the House to run for the Senate. amendments postcloture with their number of those examples. So it isn’t But it has gotten to the extreme. motions to suspend the rules. That is as if this never happened before. While my colleagues on the other side what I said would happen, and I agreed We did it with the understanding would say it got to the extreme be- to that—seven amendments. People are that what is going on here is dilatory, cause we always fill the tree, we would saying, you choose the amendments. I and that is what the majority felt. say it got to the extreme because you didn’t choose the amendments. They Mr. SCHUMER. Will the majority filibuster everything and require 60 came up with these amendments. These leader yield for a question? votes on everything—we only have 53, are the ones they gave me. I was sup- Mr. REID. Yes. we know that—including judges, ap- posed to select which ones, and that is Mr. SCHUMER. Mr. President, in the pointments, and minor bills. If we are what I did. I could not get agreement form of a question to the majority going to bring this place back to order, if we are going to bring this place back on some of these amendments. I have leader and also the Republican leader— to a place where we can legislate, both explained that previously. we are all frustrated. The Senator from Also, everyone should recognize that Tennessee and I talked about that frus- sides have to back off, and we are going motions to suspend the rules are still tration at the beginning of the session, to have to figure out how to do that, available; they are just not available and it hasn’t worked terribly well to which we haven’t done adequately yet. One other point before I ask my ques- postcloture. Rule XXII provides: try to straighten this out. You are tion. The Senator from West Virginia frustrated, and we can talk about the Is it the sense of the Senate that debate had a few of us on his boat this week. shall be brought to a close? specifics here. A number of the freshmen Senators The one point I make is that the ma- That is what it says. That rule has from the other side of the aisle were on jority leader, isn’t it true, offered on been in existence for a long time. I am the boat, as I was. We began to talk, the floor yesterday to allow amend- sorry my friend is disappointed, but I and they were asking, why is this place ments on this bill? And the only think the playbook he is reading from so mixed up? I explained that some of amendment that was sent to us was the is not accurate. the greatest joys I have had in the Sen- amendment to have a vote on the The PRESIDING OFFICER. The Re- ate and the House were conference President’s budget, is that correct? publican leader. committees, and offering amendments, Mr. REID. That is right. Mr. MCCONNELL. Mr. President, the and things such as that. We all said, to- Mr. SCHUMER. But it was not widely Senator from Mississippi is accurate. gether, why can’t we get back to that? Until the vote we had just a few mo- known on this side. The majority lead- Let me say that it is not simply fill- ments ago, motions to suspend er had offered amendments on this bill. ing the tree and preventing amend- postcloture were appropriate. No The question I ask is this—and I will ments that caused this problem. It is longer are they appropriate because, as make a statement and lead up to a routinely requiring 60 votes before the my friend from Mississippi pointed out, question. You are frustrated because Senate can get a drink of water. we have in effect changed the rule. you feel the tree is filled all the time My question to the majority leader is The PRESIDING OFFICER. The ma- and you cannot make amendments. this: Would he be willing—we need a jority leader has the floor. But we are frustrated because the 60- little bit of a cooling-off period—to sit Mr. REID. Mr. President, I yield to vote rule—which has always been used down with the minority leader and oth- my friend from Tennessee. here—is now used routinely, which ers in an effort to try to figure out how Mr. CORKER. Mr. President, I thank never has been done before. Judges— we can get back to somewhat more of the leader for taking the time to ex- district court judges—I have been here a regular order in regard to what I plain from his perspective what has in the Senate 13 years, and I was in the said? happened. I guess what I want to un- House 18 years and followed the Senate Mr. REID. Mr. President, I say this derstand is, when amendments are of- and cared about judges. It never hap- to my friend and others listening. I fered, why don’t we just go ahead and pened before. Routine appointees—as- want everybody to understand a little vote on them? If it is standard proce- sistant secretaries of this, deputy sec- bit of the frustration I have. We all dure—— retaries of that—60 votes. And on bill went through the battle on the FEMA Mr. REID. Can the Senator start after bill after bill, the procedure of bill. Everyone remembers that. People over? I was preoccupied. this place works that somebody has to in the dark bowels of this building Mr. CORKER. First of all, I thank object. That is why you file cloture; someplace typed that bill up. They the leader for taking the time to ex- otherwise, we could proceed. made a mistake and had a comma in plain from his perspective. Here is In the past, the motion to proceed the wrong place—a comma. I asked what I don’t understand. We had a clo- was not routinely blocked. And almost consent, because that was a technical ture motion to proceed on Monday. It every single bill—important bills, obvi- correction, to get that corrected. There is Thursday night. We have had no ously—and nobody thinks the health were press releases out already from votes on anything other than a cloture care bill should have passed by 51 my Republican friends: We are not vote. I guess what I would love to un- votes. But on minor bills—we had a fil- going to agree to any consents on any- derstand is, why don’t we just imme- ibuster on technical corrections to the thing. You talk about frustration— diately begin voting on amendments? Transportation bill, where 287 was there is plenty of it to go around.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.079 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6320 CONGRESSIONAL RECORD — SENATE October 6, 2011 I want to try to end this on a high Mr. REID. Mr. President, I ask unan- firehoses and police dogs, the brutal note. I love this institution. I have de- imous consent that the order for the force of Bull Connor’s lynch mob. His voted most of my life here in this quorum call be rescinded. life and his family were threatened by building—not only as a long-time The PRESIDING OFFICER. Without Connor’s ignorant hostility—or indif- Member of the House and Senate, but I objection, it is so ordered. ference more often than hostility. lived here while going to law school. I Mr. REID. Mr. President, we will His words: worked in this building. I was a cop have no more votes, and I have con- They would call me SOB, and they didn’t here. I love this building and this insti- firmed that with the Republican lead- mean ‘‘sweet old boy. . . . ’’ [T]he first time tution. I don’t want to do anything to er. I saw brass knuckles was when they struck denigrate the institution. Maybe there f me . . . they missed me with dynamite be- is blame to go around, and I think cause God made me dynamite. MORNING BUSINESS there probably is. But frustration So his direct action campaigned con- builds upon frustration and, as a result Mr. REID. Mr. President, I ask unan- tinued. He mobilized students to boy- of that, we have situations such as imous consent to proceed to a period of cott merchants with Jim Crow signs in this. morning business, with Senators per- their storefronts. He worked and he So here is my suggestion. I think just mitted to speak for up to 10 minutes marched with Dr. King, affiliating the as we had a cooling off period, as we in- each. Alabama Christian Movement for dicated that we would on that FEMA The PRESIDING OFFICER. Without Human Rights with the Southern CR—we had a cooling off period, and objection, it is so ordered. Christian Leadership Conference, orga- the Republican leader and I agreed that f nizing bus boycotts and sit-ins and marches and acts of civil disobedience. would be the right thing to do, and we TRIBUTE TO REVEREND FRED He persuaded Dr. King to bring the then came back and worked something SHUTTLESWORTH out. We did it very quickly. It wasn’t civil rights movement to Birmingham, to everybody’s satisfaction. I had peo- Mr. BROWN of Ohio. Mr. President, I where Dr. King would write his famous ple upset and he had people upset, but rise today to honor Rev. Fred Lee ‘‘Letter from a Birmingham Jail.’’ In we did that. So it would be my sugges- Shuttlesworth, an American civil the letter, Dr. King writes of the neces- tion to do as I originally suggested. I rights hero who lived much of his adult sity of Reverend Shuttlesworth’s direct think we should go ahead and do final life in Cincinnati who passed away this action campaign, fighting ‘‘broken passage on this matter on Tuesday week at the age of 89. I come to the promises’’ and ‘‘blasted hopes.’’ The night. Do the judge first, then vote on floor in support of a resolution with two words ‘‘broken’’ and ‘‘blasted’’ the jobs bill. Then we will deal with Senator PORTMAN, my colleague from meant so much to them personally be- the trade stuff. Cincinnati, where Reverend cause both were attacked so fre- I am happy to not only sit down with Shuttlesworth lived for many years, quently. the Republican leader, but I am sure and also from Senator SHELBY and Sen- In September 1963, the 16th Street we can all cinch up our belts and, as ator SESSIONS, both representing Ala- Baptist Church was bombed, murdering they say in the Old and New Testa- bama, where Reverend Shuttlesworth four little girls, and the movement’s ment, gird up our loins and try to do a lived his earliest several decades and grief and responsive resiliency helped better job of how we try to get along. then the end of his life. pass the Civil Rights Act of 1964. I have talked to the Republican leader Much is known about his life—the The next year, he helped organize the only briefly about this, but I had a dis- beatings, the bombings, the arrests and historic march from Selma to Mont- cussion with my leadership today, and protests. He was born in 1922 in Ala- gomery, across the Edmund Pettus one of the things I was going to an- bama. He was a truckdriver who stud- Bridge, to fight voting discrimination nounce—and so here it is—one of the ied theology at night. He became an or- in Alabama and across the South, gal- things I want to do is have a joint cau- dained minister in his twenties. By the vanizing meeting after meeting with cus. I want to have one with Demo- 1950s, in his thirties, he was the pastor his fiery words. He soon arrived in Cin- cratic Senators and Republican Sen- of Bethel Baptist Church in Bir- cinnati, coming across the Ohio River, ators. At that time we can all talk mingham, the pulpit from which he be- as pastor of the Greater New Light about some of the frustrations we all came the powerful, fiery, outspoken Baptist Church in Avondale. have. leader against racial discrimination He trained Freedom Riders in nearby I wanted to do that the first week we and injustice. Oxford, OH, at the Western Campus for got back after the last recess. All my When the Alabama NAACP was Women then, now affiliated or absorbed people don’t know about this, and cer- banned in the State, Reverend by Miami of Ohio, one of our great tainly I haven’t finalized this with the Shuttlesworth established the Alabama State universities. He trained those Republican leader, but I think that Christian Movement for Human Rights. Freedom Riders, thousands of activists would be a good step forward; that Sen- Churches held weekly meetings, mem- who would travel south to register ator MCCONNELL and I could be there in bership grew month by month—in large Black voters. front of everybody together, questions part because of Reverend Reverend Shuttlesworth fought for could be asked, statements could be Shuttlesworth’s leadership skills—and racial equality in Cincinnati schools, made, and we could see if that would the Alabama Christian Movement for in city councils and police depart- let a little air out of the tires. Human Rights became the mass move- ments, empowering low-income fami- I will be happy—next time we get clo- ment for Blacks in the South. lies through education, jobs, and hous- ture on an event sometime in the fu- He fought Birmingham’s racism in ing for decades to come. ture—to sit down and find out what, if the courtroom, bringing suits to deseg- I would like to read from and ask anything, we should do postcloture on regate public recreation facilities. He unanimous consent to have printed in matters relating to people who are protested segregation of buses in Bir- the RECORD the editorial from the Cin- frustrated. mingham. He was beaten with chains cinnati Inquirer from October 5, 2011. So that is my statement, Mr. Presi- and brass knuckles when he tried to The PRESIDING OFFICER. Without dent. I am not asking consent on any- enroll his children in a Birmingham objection, it is so ordered. thing, but I would hope we could all school, even though he was, of course, (See exhibit 1.) leave, and Senator MCCONNELL and I a taxpayer. He would lead Freedom Mr. BROWN of Ohio. I would like to would direct the staff to come up with Riders to safety—a critical voice im- share a couple of words from the Cin- something, an arrangement com- ploring Attorney General Robert Ken- cinnati Inquirer. This is the beautifully parable to what I just suggested. nedy and President John F. Kennedy to written Cincinnati Inquirer editorial I suggest the absence of a quorum. get the Federal Government to show about Reverend Shuttlesworth: The PRESIDING OFFICER. The leadership as Freedom Riders were He once told the Tampa Tribune it helped clerk will call the roll. jailed and attacked. Reverend to have a ‘‘little divine insanity—that’s The legislative clerk proceeded to Shuttlesworth was often jailed and when you’re willing to suffer and die for call the roll. later left bruised and bloodied from something.’’

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.080 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6321 They also wrote: His death Wednesday in Birmingham left a from Alabama, and Senator SESSIONS Perhaps nowhere is his ultimate triumph sense of national loss, strongly felt in Cin- from Alabama, I offer my deepest con- more evident than in the renaming of the cinnati, where he spent most of his adult- dolences to the Shuttlesworth family Birmingham airport to the Birmingham- hood and served as pastor of two churches. and to all of his friends and to all of his We feel that sense of loss, recognize the Shuttlesworth International Airport—a pub- loved ones. lic tribute in a city where once a Ku Klux depth of his accomplishment and give thanks for the example he set. Mr. President, I will offer this resolu- Klan member who was a police officer tion, and I think we will be looking at warned him to get out of town as fast as he In Birmingham and Cincinnati, the elo- could. quent Rev. Shuttlesworth appealed to moral it later today, offered by Senators conscience and championed everyday causes. PORTMAN, SESSIONS, SHELBY, and my- Needless to say, the airport was He sat at lunch counters with young pro- self. I will ask for passage later. named after Reverend Shuttlesworth, testers in Birmingham, held ‘‘wade-ins’’ at f not after the KKK police officer. segregated beaches in St. Augustine, Fla., It was an honor to get to know Rev- and later in life established the TRIBUTE TO GARY BERMEOSOLO erend Shuttlesworth and to learn from Shuttlesworth Housing Foundation to help Mr. REID. Mr. President, today I rise him. In 1998, I first met this historic low-income Cincinnatians afford a home. He was focused, undeterrable, bold. He to congratulate Gary Bermeosolo who figure of the civil rights movement— is retiring from his position as Admin- unknown to far too many people—in challenged Birmingham’s white power struc- ture at every turn. He refused to flinch at istrator at the Nevada State Veterans Selma, AL, during a pilgrimage with bombings of his church and home. He urged Home in Boulder City. Gary dedicated Congressman JOHN LEWIS, who was civil rights leaders to be more assertive, la- more than 40 years of his life to serving beaten perhaps more than anybody in beling the 1963 campaign to desegregate Bir- our Nation’s veterans and he touched the civil rights movement. It was an mingham ‘‘Project C’’—for confrontational. many lives in the process. Nevada has opportunity to spend some time with He once told the Tampa Tribune it helped been very fortunate to have a man like to have ‘‘a little divine insanity—that’s Reverend Shuttlesworth in Selma in Gary working for our veterans, and I the late 1990s. when you’re willing to suffer and die for something.’’ am privileged to recognize his accom- I visited his church in 2006. I heard plishments today. him preach, and then, at his retirement But instead of becoming a martyr, the Rev. Shuttlesworth lived to become one of the After returning from service in the party a while after that—not too many movement’s elder statesmen. U.S. Navy, Gary began his career in years ago—I heard him preach again The sound of his name alone revived Idaho. For more than 20 years, Gary and got the chance to get a tour at his memories of Freedom Riders and police fire worked as the director of Veterans retirement party, a tour of the small hoses, of the relentless drive of young civil Services in that State. The Idaho museum in his modest church cele- rights leaders and the stubborn resistance of Statesman awarded Gary with the Dis- brating his life but more set up to the Old South. Perhaps nowhere is his ulti- mate triumph more evident than in the re- tinguished Citizen’s award. He was also honor and commemorate the civil invited as the Honor Marshall for the rights movement in the most personal naming of the Birmingham airport to the Birmingham–Shuttlesworth International Fourth of July Parade in Boise. kind of way. It is impossible for me to Airport—a public tribute in a city where Before my friend Chuck Fulkerson really describe the feelings I had as he once a Ku Klux Klan member who was also a decided to retire from the Nevada Of- talked to a small group—Connie, my police officer warned him to get out of town fice of Veterans Services, he recruited wife, and me—a small group of us as we as fast as he could. Gary to come to Nevada. Gary took a toured this very small museum in a He replied that he didn’t run. And, in Bir- position as the administrator of the room at the church. It was just packed mingham and Cincinnati, he never did. And he never stopped. Nevada State Veterans Home. This with all kinds of mementoes and com- wasn’t an easy task, and the new facil- memorations of the civil rights move- As the Rev. Martin Luther King Jr. once wrote to him, ‘‘May God strengthen your ity was facing many significant chal- ment and Reverend Shuttlesworth’s spirit and uplift your heart that even your lenges. Gary worked diligently to ad- fight in those days in Alabama. From accusers will be forced to admit that truly dress the concerns of the Veterans Af- those pictures and his memory, you you are a man of courage, conviction and in- fairs Administration and ensure that learn not just about a man’s life but tegrity.’’ Nevada’s facility complied with Fed- about our Nation’s history. Mr. BROWN of Ohio. The fight for eral regulations. Since Gary’s arrival, The passage of the most basic civil women’s rights and fair pay and pro- the Nevada Veterans Home has pro- rights laws would not have occurred tections for the disabled, none of those vided first-class healthcare to Nevada’s without his vision and fortitude. We fights were easy, yet in the last few veterans and their family members. honor his legacy in his passing, but we years, we celebrated the 90th anniver- After a troubled start, the Nevada are also charged with upholding a sa- sary of the 19th amendment, the 75th State Veterans home was recognized as cred duty to take his lead, and that is anniversary of Social Security, the one of the top 100 nursing homes in the because progress in our Nation is never 45th anniversary of the Voting Rights Nation. That accomplishment would easy. Passage of voting rights or civil Act, the 20th anniversary of the Ameri- never have occurred without Gary’s rights was not the result of one man’s cans with Disabilities Act. leadership and his dedicated staff. great speech in Washington or one fa- What have we done here this year? Gary’s commitment to service is evi- mous march across the Edmund Pettus How will we show the march toward dent in nearly all of Gary’s pursuits. Bridge. justice is the mark of our Nation’s Not only did Nevada’s veterans benefit EXHIBIT 1 progress? We do so by marching with from Gary’s creative problem solving, SHUTTLESWORTH ‘TRULY A MAN OF COURAGE, his spirit rather than standing in his but he also spearheaded improvements CONVICTION AND INTEGRITY’ shadow. in Veteran care through his work with Cincinnati Enquirer Editorial, Oct. 5, 2011 Dr. King said of Reverend the National Association of State Vet- In 1955, the Rev. Fred Shuttlesworth was a Shuttlesworth, he ‘‘proved to his peo- erans Homes. As a legislative officer, a young pastor in Birmingham, Ala., preaching ple that he would not ask anyone to go regional director, and as the president sermons on equality and working in his seg- where he was not willing to lead.’’ That of the organization, Gary used the les- regated city on the issues before him, such is a testament to his courage. sons he learned in Nevada to help vet- as adding street lights to African-American neighborhoods. Four years ago, then a candidate for erans throughout the Nation. Just last But after he petitioned the Birmingham President, Senator Obama escorted a year, Gary testified before a House of City Council to hire African-American police wheelchair-bound Reverend Representatives Subcommittee in sup- officers, a larger calling took hold of him. Shuttlesworth across the Edmund port of increased flexibility in Federal He saw his role as helping to lift African Pettus Bridge in Selma. It was sym- payments for State veterans homes. Americans—and the rest of his countrymen— bolic. It showed yet again Reverend The lives of many veterans have been from another sort of darkness: that of racial Shuttlesworth leading us across an- directly impacted by Gary’s tireless bigotry. He became a restless, outspoken advocate other bridge. legislative advocacy for improved care. for integration, a co-founder of the Alabama On behalf of a grateful State, Ohio, The mission of the Nevada State Vet- Christian Movement for Human Rights, and and in partnership with Senator erans Home is Caring for America’s He- a leader of the Civil Rights movement. PORTMAN from Ohio, Senator SHELBY roes. No one has embodied that spirit

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.061 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6322 CONGRESSIONAL RECORD — SENATE October 6, 2011 of service better than Gary [From the Pulaski County Commonwealth times, when Navy SEALs are again in the Bermeosolo. Over the past decade, I Journal, Aug. 13, 2011] news. have had the opportunity to work with LIFEOFASEAL: JOHN DEARMON WAS ONE OF Dearmon, a native of Tennessee, moved to ORIGINAL 27 ELITE FORCES Burnside with his family in 1936. He left in Gary on many occasions. He has been a 1940, working with the Civilian Conservation (By Bill Mardis) pleasure to work with. I have always Corps (CCC). He joined the Navy in June 1943 been impressed by Gary’s ability to in- ‘‘It felt great! I would love to have been and served 28 years, retiring in 1971. novate and find solutions for our Ne- with them . . . I started and they finished it ‘‘Would he do it all over again?’’ vada veterans. for me!’’ I loved every minute I was in the Navy. I’m A Pulaski County man can feel heartbeats proud of my life. I didn’t have much (formal) Even in retirement, I am confident of the U.S. Navy SEALs as they moved in education. I finished the 8th grade . . . but in that Gary will continue to be a tireless and killed terrorist mastermind Osama Bin the Navy I got a real education. I feel like I advocate for those who have worn the Laden in a firefight. John W. Dearmon can do anything. I built this house (at 125 uniform. On behalf of all Nevadans and knows their thoughts, their toughness and East Summit Drive, Somerset) in 1972. I had all Americans, I am proud to thank resolve. He was one of the original SEALs. In never built anything before, but I got a ‘How his mind, he will always be a SEAL. To’ manual and went to work.’’ Gary for his service to this Nation’s Dearmon was in a class of 141 during early veterans. World War II that produced the first 27 f SEALs. ‘‘In my class, we ended up with 27 TRIBUTE TO JENNY BOWLING f SEALs, originating from underwater demoli- Mr. MCCONNELL. Mr. President, I tion teams. The class was too tough for 114. They didn’t make it. They dropped out.’’ rise today to pay tribute to a devoted TRIBUTE TO JOHN W. DEARMON ‘‘I didn’t join, I was picked. They picked mother, parent, and fixture of the Col- the best men . . . I was one of them. I was ony Elementary School lunchroom Mr. MCCONNELL. Mr. President, I proud to be a part,’’ Dearmon said. staff, Ms. Jenny Bowling of Laurel rise today to pay tribute to a respect- Dearmon cringed in sorrow a few days ago County, KY. Jenny’s love for cooking able and courageous Kentucky veteran, when a helicopter crashed in eastern Afghan- and sharing great food with people led Mr. John W. Dearmon of Somerset, KY. istan and killed 22 Navy SEALs who were to a long and fulfilling 38-year career John served his country for 28 years, being flown in to assist an Army Rangers as a cook and lunchroom manager at from 1943 to 1971, as one of our coun- unit pinned down by enemy fire. The United Colony Elementary. try’s very first Navy SEALs. States Navy’s Sea, Air and Land Teams, commonly known as Navy SEALs, are the Jenny began her career as a lunch- John moved to Burnside, KY with his U.S. Navy’s principal operation force and a room cook in May of 1959 so that she family when he was a boy in 1936. Dur- part of the Naval Warfare Command. could be close to her three children, ing World War II John was chosen to be SEALs are tough hombres. Few there are who were enrolled at Colony Elemen- part of a class of 141 that produced the who can qualify. tary at the time. She grew close to the ‘‘It just doesn’t get any tougher. It’s really first 27 Navy SEALs from underwater teachers and other school staff over the demolition teams. During the war, tough. You don’t make it if you don’t have endurance,’’ said Dearmon. ‘‘Basic under- years. She also served as the lunch- John was in command of a 45-foot water demolition training . . . that’s the room manager. This included cooking intercoastal patrol boat that navigated hard part, getting through that.’’ ‘‘Basic as well as running the cafeteria, keep- the harbor and coast of Guam in the training lasts 16 weeks, and there are six ing payroll records and processing the Western Pacific. weeks in underwater swimming school.’’ free lunch forms. SEAL training for John consisted of ‘‘Did you ever think about quitting?’’ In addition, Jenny was an avid volun- ‘‘No! Absolutely not! I’m an old Kentucky teer within the school. Jenny was a 16 weeks of basic training, with 6 weeks farm boy. I’m gung ho. I never thought about of underwater swimming school. In ad- quitting.’’ member of the PTO and rarely missed dition, John recalls parachuting from ‘‘Were you ever scared?’’ a meeting. The value and importance 30,000 feet during jump school—his ‘‘Well, I really don’t know how to answer of school involvement to Jenny was ir- team was capable of jumping from up that. I was anxious a few times.’’ replaceable, a tradition that is still to 43,000 feet but he never had to jump Dearmon was in command of a 45-foot very much alive within her today— intercoastal patrol boat, patrolling the har- Jenny still volunteers every year at from that altitude. bor and intercoastal areas around Guam in John is very proud of his service to the western Pacific. The boat carried eight Colony Elementary’s annual Thanks- his country and claims the Navy made depth charges, anti-submarine warfare weap- giving celebration by assisting in the him tough. Being a Navy SEAL in- ons intended to destroy or cripple a target lunchroom preparation of the tradi- stilled in John the courage to feel like submarine by the shock of exploding near it. tional turkey and stuffing meals. ‘‘We dropped depth charges,’’ recalled Jenny passionately served the children he can accomplish anything, a trait he Dearmon. ‘‘I never knowingly got results, takes great pride in. John’s formal edu- and staff of Colony Elementary for al- but more than likely we did (get results),’’ most four decades before she retired in cation ended after he finished the 8th he mused. Dearmon was quick to point out grade, however, he believes he received that he never engaged in hand-to-hand com- 1997. a real education about how to succeed bat as did the SEALs who killed Bin Laden. Ms. Jenny Bowling’s lifetime com- in life from the Navy. Dearmon parachuted from 30,000 feet. ‘‘We mitment to serving Colony Elementary could jump from up to 43,000 feet, but I never with smiles and home-style meals is John W. Dearmon is a true American jumped that high.’’ Dearmon pointed out truly admirable and an inspiration to hero and patriot who is an inspiration that equipment available to his first unit of the citizens of our great Common- to the great people of Kentucky. In SEALs is ‘‘like a caveman’’ to what they wealth. The Laurel County Sentinel fact, when asked if he ever thought have today. ‘‘The electronic equipment, it’s Echo published an article highlighting about quitting during his arduous as- so advanced.’’ ‘‘You’re still tough,’’ a reporter suggested and thanking Jenny for her service to signment, he responded, ‘‘No! Abso- the people of Kentucky. I ask unani- lutely not! I’m an old Kentucky farm to the young-looking 87-year-old. ‘‘I still think I’m tough . . . at least for a mous consent that the full article be boy. I’m gung-ho. I never thought little while,’’ he grinned. Despite his age, printed in the RECORD. about quitting.’’ Dearmon said he is in relatively good health There being no objection, the mate- John devoted his life to protecting and ‘‘. . . I can take care of myself.’’ rial was ordered to be printed in the the liberty and freedom our great coun- His wife, the former Margaret Louise Bray, RECORD, as follows: died July 21. They were married 57 years. ‘‘I try was founded upon, and I commend [From the Laurel County Sentinel Echo, was devastated (when she died) but I’m get- 2011] him for his bravery and honor. The Pu- ting so I can get along. I’m able to get laski County Commonwealth Journal around.’’ HOMESTYLE TRADITIONS: JENNY BOWLING recently published an article to honor He goes out for coffee with a group of KEEPS CAFETERIA RECIPES ALIVE IN HER John’s life and accomplishments. I ask friends every Thursday morning. It was a KITCHEN AT HOME unanimous consent that the full article friend, Jim Cundiff, who called the Common- (By Magen McCrarey) be printed in the RECORD. wealth Journal and asked: ‘‘Do you know In May 1959, Jenny Bowling pulled a that one of the original Navy SEALs lives in hairnet over her soft locks to prepare for 38 There being no objection, the mate- Pulaski County?’’ years working within school cafeterias. rial was ordered to be printed in the The suggestion led to a meeting with ‘‘At the time we peeled our own potatoes,’’ RECORD, as follows: Dearmon and a story appropriate for the Bowling recalled.

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.082 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6323 Today, she observes that lunch is just not Naval Special Warfare Group Two. present day. More recently, the ROC on made like it used to be with instant boxed Caleb has been described by his com- Taiwan has emerged as one of the great potatoes, nutritional charts to follow and mander as a cherished teammate and a success stories of the past century—a new regulations. Bowling reminisced about gifted SEAL operator. This is certainly free market democracy that is a model the days she spent at Colony Elementary School with fellow cooks, Ada Clay and Thel- illustrated by the numerous awards for the entire region. ma Lincks, and soon after, Opal Nicholson and decorations he amassed during his I believe that it is especially appro- and Maggie Wilkerson, rolling out dough for short time in the service, including the priate to note this anniversary on the yeast rolls, mixing cornmeal and flour for Bronze Star with Valor, Purple Heart, Senate floor because of the unique and cornbread and putting their own personal Navy and Marine Corps Achievement important role that the U.S. Congress touch on recipes. Medal, Expert Rifle ribbon and Expert has played in supporting the U.S.-Tai- Working at Colony in western Laurel Pistol ribbon. Before deploying to Af- wan relationship, by virtue of the Tai- County was ideal for Bowling, being a short ghanistan this past March, Caleb had wan Relations Act. Unique among all distance away from her home while her three deployed to Iraq in 2009. of our international partnerships, the children were enrolled in classrooms just TRA established in law America’s com- down the hall from the lunchroom. Not only was Caleb a dedicated com- Over the years, Bowling became close to bat veteran, he was a loving husband, mitment to support the people of Tai- the school staff and to the teachers espe- father, and son. His father, Reverend wan as they seek a safe and secure cially. Her time was not always spent with Larry Nelson, remembers his son as a place in the world. her hands in the dough; she kept records of go-getter and a truly good person. His I am grateful for the opportunity to payroll, processed the free lunch forms and friends and neighbors tell a similar wish the people of Taiwan my con- ensured that the cafeteria ran smoothly in tale. Karen Wagner, Caleb’s neighbor, gratulations on this auspicious anni- her position as lunchroom manager. versary, and hope my colleagues will ‘‘People who weren’t in the lunchroom had remembers him as a wonderful kid who was always willing to help out, even if join me in celebrating a very special no idea the bookwork involved,’’ she said. National Day. Children at the school who could not afford it came down to mundane things such to pay for their lunch would be hired as help as cleaning out the gutters. f for the cafeteria, Bowling said, to help serve Caleb Nelson’s life came to a cruel NATIONAL DEFENSE food, and, on occasion, wash dishes in ex- end when his vehicle hit an improvised AUTHORIZATION ACT change for payment. explosive devise while his SEAL team Mr. MCCAIN. Mr. President, I rise to Bowling made only $25 a week to help with was conducting mounted combat recon- continue the discussion that I began the bills, while her husband, Oscar, was out naissance patrols. I pray that Caleb’s on the road driving a truck to help support Monday with the majority leader, Sen- family and friends find strength during the four. Her youngest son at the time, ator REID, on the need to bring the na- Larry, had not started school yet and so $10 this trying time and my condolences go tional defense authorization bill to the of her pay was handed to a babysitter. out to them. Caleb’s service and sac- floor of the Senate. Being involved with the school was very rifice, his heroism and selflessness will Since our colloquy Monday, Senator important to Bowling. As an avid PTO vol- remain an inspiration for all of us. REID has sent a letter to the chairman unteer and member, she rarely missed a f meeting. School involvement is still some- of the Armed Services Committee, Sen- thing she continues to value, even now that TAIWAN’S NATIONAL DAY ator CARL LEVIN, and me. I would like to have a copy of the letter printed in her children have graduated and have chil- Mr. JOHNSON of South Dakota. Mr. dren of their own. the RECORD. ‘‘My oldest, Charlotte, is 60 years old,’’ she President, I rise today to recognize In the letter, Senator REID lays out noted. Taiwan as it prepares to celebrate its his concerns about some of the de- Bowling continues to volunteer at Colony National Day on Monday. Double Ten tainee provisions that were included in Elementary’s annual Thanksgiving celebra- Day, as it is known, marks the anni- the Defense authorization bill as a re- tion. Bowling assists in the lunchroom prep- versary of the uprising on October 10, sult of a bipartisan compromise be- arations for the traditional turkey and stuff- 1911, that led to the collapse of impe- tween Chairman LEVIN, myself, and ing feast, although she’s still adjusting to rial rule in China. This year’s com- Senator GRAHAM, and cosponsored by a the new way of doing things which usually memoration takes on special meaning involves using up-to-date machines for mass large, bipartisan group of members of meal production. as Taiwan celebrates the 100th anniver- the Armed Services Committee. In ‘‘The equipment is so new and different,’’ sary of this historic day. fact, this compromise was so bipartisan she commented. Over the years, we have seen Taiwan that after extensive debate on many Instead of children dropping pocket change make a successful transition to democ- amendments and a number of votes and crumpled dollar bills for the lunchroom racy, holding elections and peacefully during markup by the committee using staff to count and pencil in, computers are transferring power. As we look back on the regular order of the Senate, the re- now used to calculate change and handle the achievements of the past century, payments. sulting package of detainee provisions we also look forward to a bright future was adopted and made part of the bill ‘‘The last year I was there they started for Taiwan. Taiwan is a valued ally of using computers,’’ Bowling said. She retired by an overwhelming vote of 25 to 1. in 1997. the United States. The United States Now, I understand that the White Even though the old homestyle recipes are has enjoyed a close friendship with Tai- House has some objections to these de- no longer prepared at the school’s cafeteria, wan for many years, and I will con- tainee provisions that were adopted by Bowling still keeps the recipes alive in her tinue working to strengthen this rela- the Armed Services Committee, and own kitchen. Every Sunday, Bowling cooks tionship. Senator REID has essentially endorsed for her family. I wish the people of Taiwan sincere the White House position. In doing so, ‘‘I love to cook if people like to eat.’’ congratulations and best wishes on the he is blocking the Defense authoriza- f 100th anniversary of their National tion bill from coming to the floor, Day. HONORING OUR ARMED FORCES using his authority as majority leader Mr. LIEBERMAN. Mr. President, I to control the business of the Senate. PETTY OFFICER 1ST CLASS CALEB A. NELSON rise to draw the attention of my col- As I said Monday, I do not think that Mr. NELSON of Nebraska. Mr. Presi- leagues to the approach of a very spe- opposition to this particular provision dent, I rise today to honor a true cial day in the history of our friend and outweighs the importance of this legis- American hero, PO Caleb Nelson of Ne- partner, the Republic of China—ROC— lation to our national security mission, braska, who was tragically killed on on Taiwan. On October 10, 1911—pre- our troops, and their families. I stated October 1, 2011, in Zabul Province, Af- cisely 100 years ago—the Republic of on the floor Monday that I would work ghanistan. China was founded, and since then has with Senator LEVIN and the adminis- Caleb graduated from Navy boot celebrated October 10 as its National tration to try to resolve their concerns camp 6 years ago to become a machin- Day. about the detainee provisions in the ist’s mate. However, he aspired to be Over the course of this century, the bill. I stand by that commitment. But the best-of-the-best and, in November Republic of China has been a firm for the record, I want to address some 2006, graduated from SEAL qualifica- friend of the United States—from of the issues raised by the majority tion training and became a member of World War II to the Cold War, up to the leader.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.039 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6324 CONGRESSIONAL RECORD — SENATE October 6, 2011 The majority leader quotes White rorist under civilian law enforcement definite detention in Section 1031, the re- House Deputy National Security Ad- standards. quirement for mandatory military custody viser John Brennan from a recent By insisting that law enforcement of terrorism suspects in Section 1032, and the stringent restrictions on transfer of detain- speech he made at Harvard saying, custody rather than military custody ees in Section 1033. As Deputy National Se- ‘‘Our counterterrorism professionals should apply, the administration has to curity Advisor John Brennan stated in a re- would be compelled to hold all terror- contend with the requirement to pro- cent speech: ists in military custody, casting aside vide Miranda warnings to criminal sus- [S]ome—including some legislative pro- our most effective and time-tested tool pects and the Federal rules that re- posals in Congress—are demanding that we for bringing suspected terrorists to jus- quire presentment before a Federal pursue a radically different strategy. Under tice—our federal courts.’’ magistrate within a short period of that approach, we would never be able to turn the page on Guantanamo. Our counter- This statement is simply and com- time after arrest, normally within 24 to terrorism professionals would be compelled pletely untrue. It is a total 48 hours, for a criminal suspect to be to hold all captured terrorists in military mischaracterization of section 1032 of informed of the charges against them custody, casting aside our most effective and the bill. and to be assigned a lawyer. time-tested tool for bringing suspected ter- The section of the bill dealing with I would also note that the detainee rorists to justice—our federal courts. . . . In military custody was extensively de- provision that Mr. Brennan and the sum, this approach would impose unprece- bated in committee and reflects the bi- majority leader now complain of con- dented restrictions on the ability of experi- partisan compromise reached on all the enced professionals to combat terrorism, in- tains a national security waiver that jecting legal and operational uncertainty detainee provisions. Section 1032 does can be exercised to transfer even mem- into what is already enormously complicated not extend to all terrorists. bers of al-Qaida or its affiliates into ci- work. It applies, as Chairman LEVIN made vilian law enforcement custody if that I share the concerns about these provi- clear in a public statement on Tuesday, is warranted by the circumstances and sions. I strongly believe that we must main- only to members of al-Qaida and its af- deemed the appropriate course of ac- tain the capability and flexibility to effec- filiates, like al-Qaida in the Arabian tion. tively apply the full range of tools at our dis- Peninsula which launched the Decem- posal to combat terrorism. This includes the I strongly believe the language use of our criminal justice system, which has ber 2009 attempt to bomb a civilian air- adopted by the Senate Armed Services accumulated an impressive record of success liner over Detroit and which subse- Committee is reasonable, fair, and in bringing terrorists to justice. Limitations quently attempted an attack on the most importantly constitutional. How- on that flexibility, or on the availability of United States by using parcel bombs ever, as I just stated, I will work with critical counterterrorism tools, would sig- this time last year. And it only applies Chairman LEVIN and the administra- nificantly threaten our national security. I have no doubt that you share my com- to members of al-Qaida and its affili- tion to remedy any deficiencies in the ates who are captured in a very narrow mitment to maintaining an effective language. However, I believe the ad- counterterrorism policy, and you have a set of circumstances: those captured ministration must now present to the strong record demonstrating that commit- attacking the United States or its coa- Senate and the Armed Services Com- ment. As important as the broader bill is to lition allies or attempting or planning mittee its specific concerns. Absent sustaining the strength of our Armed Forces, such an attack. this, I would hope the majority leader I hope we will be able to resolve these con- This narrow focus is far from Mr. would move to this important legisla- cerns quickly so that the legislation can be Brennan’s claim that military custody tion and let the Senate implement its passed expeditiously. To that end, I want to would be required for all terrorists. make my staff available to work with your prescribed duties. staff on possible solutions to these concerns. That is simply wrong. It grossly dis- I look forward to hearing from the Thank you for your outstanding leadership torts the scope of the provision. majority leader and the administration on the Armed Services Committee. I look The focus on al-Qaida and its affili- so that the Senate may move forward forward to working with you on this issue, ates was intentional. Al-Qaida is and on this vital and important legislation. and on maintaining the strength and superi- has been for the last 10 years the focus Mr. President, I ask unanimous con- ority of our national defense. Sincerely, of the Authorization for the Use of sent to have printed in the RECORD the HARRY REID. Military Force, AUMF, that Congress letter to which I referred. passed overwhelmingly after the at- There being no objection, the mate- f tack on our country on September 11, rial was ordered to be printed in the FOREIGN AID FUNDING 2001. We are at war with al-Qaida and RECORD, as follows: Mr. LEAHY. Mr. President, as chair- its affiliates. The President has said so U.S. SENATE, man of the Appropriations Sub- plainly. Washington, DC, October 4, 2011. committee on the Department of State In fact, it was just days ago that the Hon. CARL LEVIN, and Foreign Operations, I have strong- Obama administration used the fact Chairman, Senate Armed Services Committee, ly supported funding to protect U.S. in- that we are at war with al-Qaida to kill Washington, DC. terests around the world. Hon. JOHN MCCAIN, an American citizen, Anwar al-Awlaki, I am also fortunate to have Senator in Yemen. That was a decision I fully Ranking Member, Senate Armed Services Com- mittee, Washington, DC. LINDSEY GRAHAM as a ranking member, support. Awlaki had become a leading who, like Senators Judd Gregg and operational planner for what adminis- DEAR CHAIRMAN LEVIN AND RANKING MEM- BER MCCAIN: I am writing to follow up on our MITCH MCCONNELL before him, is a tration officials now regard as the conversations regarding the detainee provi- strong supporter of these programs. We branch of al-Qaida that poses the most sions (Sections 1031–1036) included in the recognize, as does the Pentagon, that significant threat to the United States. Armed Services Committee’s reported military power alone is not sufficient The inconsistency in Mr. Brennan’s version of the Fiscal Year 2012 National De- to protect our security. In fact, sending position and, to the extent he speaks fense Authorization Act. Americans into harm’s way should be for the White House, the administra- As a whole, I strongly support the legisla- tion your Committee has reported. Despite an absolute last resort. We also need to tion’s national security policy as a invest in international diplomacy and whole is that this administration as- the widely varying views of the members on your committee on many critical issues, you development. serts the right—correctly, in my view— have worked together to craft a bipartisan Foreign aid today is an oft-maligned to kill a member of al-Qaida or its af- bill that once again will ensure strong and term that is widely misunderstood. It filiates through use of military force sustained support for the men and women is viewed by many as a form of charity but would deny that the same indi- that sacrifice so much in defense of our na- or a luxury we can do without, or as a vidual should be held in military cus- tion. sizable part of the Federal budget. It is tody if captured. Instead, following Mr. However, as you know, I do not intend to none of those things. Brennan’s point of view, if we capture bring this bill to the floor until concerns re- This is not a Democrat or Republican an al-Qaida terrorist in the very act of garding the bill’s detainee provisions are re- solved. The Obama Administration and sev- issue. It is about whether the United carrying out an attack on our home- eral of our Senate colleagues have expressed States is going to remain the global land or U.S. interests elsewhere, we serious concerns about the implications of leader it has been since World War should revert to law enforcement the detainee provisions included in the legis- Two. Three weeks ago, President methods and hold that al-Qaida ter- lation, particularly the authorization of in- George W. Bush said:

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.005 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6325 One of the lessons of September 11th . . . is na’s is growing. It is the same story ev- American people deserve to be told that what happens overseas matters here at erywhere. that slashing, disproportionate cuts to home We face an enemy that can only re- There is simply no substitute for U.S. these programs would have no appre- cruit when they find hopeless people, and global leadership. The world is chang- ciable impact on the deficit, and it there is nothing more hopeless to a child who loses a mom or dad to AIDS to watch ing, and we cannot afford to retrench would end up costing our country far the wealthy nations of the world sit back or to succumb to isolationism. Funding more in the future. and do nothing. that enables us to engage with our al- f lies, competitors, and adversaries, Former Secretary of State 2011 DAVIDSON INSTITUTE while an easy political target, helps us Condoleezza Rice was equally blunt FELLOWS about the stakes involved. She said: to meet growing threats to our strug- gling economy and our national secu- Mr. GRASSLEY. Mr. President, We don’t have an option to retire, to take today, I have the great honor and a sabbatical from leadership in the inter- rity. national community and the world. If we do, I strongly support this budget and pleasure to recognize this year’s Fel- one of 2 things will happen. There will be have fought to protect it for years. I lows for the Davidson Institute for Tal- chaos, because without leadership there will also know there are competing needs ent Development. This year, 18 young be chaos in the international community, and that we have to eliminate waste. people under the age of 18 have been and that is dangerous. But it’s quite pos- We need to support what works, and awarded scholarships of $50,000, $25,000, sible, that if we don’t lead, somebody else stop funding what does not. Too often, or $10,000 for having demonstrated su- will. And perhaps it will be someone who government bureaucracies continue perior ability and achievement and does not share our values of compassion, the having completed a significant piece of rights of the individual, of liberty, and free- funding programs that fail, and that needs to stop. Billions of dollars pro- work in the areas of science, music, lit- dom. erature, mathematics, or technology. I I could not agree more, and I hope vided to high priced contractors and consultants for poorly conceived, wild- would like to take this time to intro- other Senators appreciate what is at duce each of these scholars and the stake. Just as past generations rallied ly extravagant, unsustainable efforts to rebuild Iraq and Afghanistan have various projects they have undertaken. to meet the formidable challenges of In the area of science, we have eight been wasted or stolen. This has further the Great Depression, the Nazis, and young students with remarkable damaged the public’s opinion of foreign the Cold War, we will bear responsi- projects that have contributed to sci- bility if we fail to meet the challenges aid. entific progress. Among this group of The bill that I and Senator GRAHAM of today. scholars is Shalini Ramanan. A 17- recommended to the Appropriations The budget for diplomacy and devel- year-old young woman from Richland, Committee on September 21 and that opment includes funding for our embas- WA, Shalini Ramanan worked with a sies and consulates that assist the mil- was reported by a bipartisan vote of 28– natural dietary component of the spice lions of Americans who travel, study, 2 is $6 billion below the President’s turmeric called BC to test its effective- work and serve overseas. budget request. It scales back most De- ness in treating cardiovascular dis- It pays our contributions to U.N. partment of State and U.S. Agency for eases. Through cell migration assays peacekeeping missions that do not re- International Development operations and western blot techniques, she dis- quire the costly deployment of U.S. and programs and will force them to covered that BC inhibited platelet-de- troops, UNICEF, the World Health Or- significantly curtail planned expendi- rived growth factor (PDGF)-induced ganization, the International Atomic tures. vascular smooth muscle cell migration Energy Agency, the operations of our But the House bill cuts far deeper, and signaling. Using bioinformatics, NATO security pact, aid for refugees and these are the cuts that President she identified target genes connected who have fled wars or natural disas- Bush and Secretary Rice warned about. with signaling pathways. PDGF-stimu- ters, and to prevent the spread of There are unmistakable signs that our lated cell-migration and proliferation AIDS, the Asian Flu, and other con- global influence is already eroding. It are key pathological events in a vari- tagious diseases that threaten Ameri- is not preordained that the United ety of diseases including athero- cans and people everywhere. States will remain the world’s domi- sclerosis and cancer. Her studies may There are many other programs that nant power. As former Secretary Rice help design and characterize novel drug promote U.S. exports, support demo- said, ‘‘if we don’t lead, somebody else molecules with clinical applications. cratic elections, combat poverty, and will.’’ A 17-year-old young man from help build alliances with countries I doubt there is a single Member of Mahopac, NY, Jayanth Krishnan devel- whose support we need in countering Congress who, if asked, would say they oped an approach to infer regulatory terrorism, thwart drug trafficking, pro- don’t care if the United States becomes mechanisms governing changes in gene tect the environment, and stop cross- a second or third rate power. They ex- expression and identified possible pro- border crime. pect the United States to lead, to build teins that induce cancer. By creating a We do this and a lot more with less alliances, to help American companies web interface that could predict tran- than 1 percent of the Federal budget, compete successfully, and to protect scription factors for dis-regulated yet it is a crucial investment in our na- the interests and security of its citi- genes, and mathematical models using tional security. zens. MATLAB, he was able to predict pro- It also is no wonder that other coun- You can’t have it both ways. You teins that are correlated with certain tries—our allies and our competitors— can’t expect others to follow if you cancer families. Using this informa- are spending more each year to project can’t lead, and you can’t lead if you tion, he calculated several combina- their influence around the world, and don’t pay your way. This budget is a tions of drugs, for 60 different cancers, to compete in the global marketplace. fraction of the Federal budget, yet it is that have the potential to counteract Great Britain’s conservative govern- a far cry from what this country should the inducing agents and better guide ment is on a path to increase its inter- be investing. therapeutics. national development assistance to .7 We need to wake up, to stop acting Lucy Wang, a 17-year-old young percent of its national budget, com- like these investments don’t matter, woman from Garnet Valley, PA, devel- pared to .2 percent for the United that the State Department isn’t impor- oped a predictive model to detect ado- States. Yet the Republican majority in tant, that the United Nations isn’t im- lescent depression with an overall cor- the House of Representatives proposes portant, that what happens in Brazil, rect classification of 83.66 percent. Un- to slash funding for these programs to Russia, the Philippines, Somalia, or treated depression is the No. 1 cause of pre-2008 levels. other countries doesn’t matter, and suicide and the third leading cause of Our leadership is being challenged that global threats to the environment, death among teenagers. Using factor unlike at any time since the Cold War. public health and safety will somehow analysis and logistic regression, she fo- In Latin America, which is a larger be solved by others. cused on quantifying variables that market for U.S. exports than any other Our budget for foreign operations al- may lead to adolescent depression, in- region except the European Union, our ready has gone through deep budget cluding student self-reported experi- market share is shrinking while Chi- cuts, with more to come. But the ences and demographics. Lucy’s model

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.020 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6326 CONGRESSIONAL RECORD — SENATE October 6, 2011 will offer a robust instrument for 22 minutes. With Marian’s method, two for proving the nonexistence of odd school psychologists to evaluate the high-sensitivity, non-contact micro- perfect numbers and could contribute risk of future depression. phones are swept above buried land- to data encryption technology. A 17-year-old young man from Hous- mines that resonate in response to a Two remarkable young people re- ton, TX, Sunil Pai constructed an inex- remote seismic source. The recorded ceived awards for their technology pensive, nanotechnology-based system sound is noise-cancelled in real-time, projects. A 16-year-old young man from to determine quantum energies of creating a characteristic, audible null Columbia, SC, Arjun Aggarwal created superoxide. By examining oxygen in in the noise-cancelled waveform that GNut-III, an anthropometric inter- the liquid phase instead of the gas isolates the mine’s location. This effi- active robot with vision, intelligence phase, his potentiostat system can de- cient and inexpensive method could and speech. He found the lack of an termine the quantum structure for the make important contributions to hu- economically efficient and functional electron attachment reaction of oxy- manitarian demining. human robot has prohibited research- gen to superoxide. The determination Raja Selvakumar, a 15-year-old ers from continuing to expand the field of oxygen’s physical properties is es- young man from Alpharetta, GA, devel- of robotics. To counter this, the GNut- sential to fully understanding the role oped the gastro microbial fuel cell, III is economically efficient and func- oxygen and many free radicals have in GMFC. Based on the microbial fuel tional for testing robotic algorithms. cell processes. This experimentation cell, the GMFC generates electricity In addition to the GNut-III, Arjun has method may establish other molecular using gastrobacteria, to be used to outlined a scattered open source com- properties that will offer new insights power capsular nanobots. Current lith- munity to work on a standardized plat- into biological and environmental ium ion batteries in biomedical cap- form that could transform robotics in processes. sular nanobots are not able to sustain the same way it has transformed com- Caleb Kumar, a 15-year-old young power for long periods of time; the puting. man from Blaine, MN, developed an al- GMFC has the potential to solve this A 16-year-old young woman from gorithm that automates the diagnosis problem. The GMFC-powered capsular Rochester, MN, Cheenar Banerjee de- of bladder cancer. Bladder cancer is on nanobot can play an important role in veloped a method for emotion detec- tion by computers. It remains a chal- the rise with more than 71,000 new treating gastrointestinal diseases lenge for computers to recognize and cases in 2009. By first identifying indic- through intracellular diagnosis and respond correctly to the emotional ative bladder cancer cellular character- surgery. states of an interactive user. After re- istics, Caleb programmed In the area of mathematics, there are moving some facial detail by con- morphometric algorithms to quan- three young people who I would like to verting facial images to black-and- titatively examine the bladder cell im- recognize at this time. Matthew white sketches, Cheenar used fractal ages, and then engineered a Java neu- Bauerle, a 16-year-old young man from analyses to differentiate among emo- ral network that differentiates can- Fenton, MI, outlined how the Newton tions using the fractal dimensions. cerous cells from normal cells based on direction can be computed by solving a This process has the potential to be weighted linear least squares problem. shape, color and curvature. Caleb’s simpler, cheaper and more effective When fitting a model to data, such as a software is accurate, quick and inex- than current techniques of emotion de- line to a set of points, the least squares pensive compared to current methods, tection by computers. and has the potential to provide faster, method is currently the most popular In the area of music, I would like to cheaper and more precise diagnoses of technique. Matthew’s work focused on recognize three more scholars. A 14- cytological diseases. minimizing the L1 norm of the error year-old young woman from Seattle, A 17-year-old young man from which is the sum of the absolute values WA, Simone Porter, in her violin port- Bloomfield Hills, MI, Siddhartha Jena of the individual errors. Matthew’s folio, Performance as Soundtrack of demonstrated that the immediate ef- work has potential in the medical im- Process and Identity, examines the fect of elevated cholesterol is dysfunc- aging and scanning fields, as well as fa- progression of performance prepara- tion of active water, oxygen, and car- cial recognition and fluid dynamics tion, from the development of tech- bon dioxide transport by the red blood simulations. nique and interpretation, to the emer- cells. Using a spectrofluorometer and A 16-year-old young woman from Car- gence of a professional identity. This Zeta Sizer, he showed that exposure of mel, IN, Rebecca Chen studied a gener- process led her to comprehend the red blood cells to two compounds: alized version of the Yang-Baxter equa- transformative, inspirational and tran- ONO–RS–082 and glyburide, results in tion. The Yang-Baxter equation pro- scendent potency music possesses. an amelioration of cholesterol’s detri- vides a systematic method for discov- Through performance, Simone believes mental effects. Results from his work ering braid group representations, im- music has the potential to aid our soci- broaden the understanding of one of portant in topology and quantum infor- ety, and help achieve a kinder, more the most significant health risks facing mation science. Using algebraic com- tolerant attitude toward ourselves and our society, and the possible mecha- putations and computer numerical our natural environment. Simone was nism for its future treatment and man- checking, she classified three families a featured performer on PBS’ ‘‘From agement. of 8x8 matrix solutions to the general- the Top at Carnegie Hall.’’ Benjamin Clark, a 15-year-old young ized Yang-Baxter equation. These solu- A 16-year-old young woman from man from Lancaster, PA, determined tions provide a way to generate braid- Gates Mills, OH, Arianna Ko¨ rting, in the frequency at which M stars form ing quantum gates needed in quantum her portfolio, Celebration of Life close binary star systems using computing, and contribute to the ongo- through the Piano, showcased Haydn, spectroscopic data from over 39,000 M ing effort to build a large-scale quan- Ginastera and Liszt. Through the dwarf stars. Using the Sloan Digital tum computer, bringing advances in piano, she hopes to bring audiences Sky Survey, SDSS, Benjamin designed fields as far ranging as materials into the lives of the great composers to a methodology to use the extremely sciences and cryptography. experience their humor, tenderness and large, but low resolution and signal-to- Anirudh Prabhu, a 16-year-old young brilliance. She believes music has the noise ratio database, to calculate the man from West Lafayette, IN, estab- power to transform space and time be- close binary fraction. Star formation lished the first nontrivial analytic cause it has been a constant presence has long been an open question in as- lower bounds for odd perfect numbers. even through the most difficult mo- trophysics and this data can be used to The search for odd perfect numbers is ments in history. Arianna has been fea- test theories of how this process oc- one of the oldest unsolved problems in tured on NPR’s ‘‘From the Top,’’ and curs. mathematics. Many upper bounds for started The Animato Project, an inter- A 16-year-old young woman from odd perfect numbers are established, active program of classical music for Lancaster, PA, Marian Bechtel de- however, no nontrivial analytic lower elementary school children. signed a seismo-acoustic method for bounds had been reported prior to Reylon Yount, a 16-year-old young detecting landmines. Approximately 70 Anirudh’s work. By narrowing the gap man from San Francisco, CA, created a million landmines plague 80 countries between analytic upper and lower yangqin, or Chinese hammered dul- worldwide, claiming one victim every bounds, his work suggests an approach cimer, portfolio that has contributed

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.040 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6327 to the preservation of Chinese music, ing Paul Mills, the grandson of the 1081 Elbel Road in Schertz, Texas, as the to the introduction of Chinese music to founder, who joined the firm in 1977 ‘‘Schertz Veterans Post Office’’. people in the United States, and to the and is now a senior attorney. H.R. 1632. An act to designate the facility overall interconnection of the music On August 26, 150 members of the of the United States Postal Service located Farmington community gathered at at 5014 Gary Avenue in Lubbock, Texas, as world. His work attempts to take peo- the ‘‘Sergeant Chris Davis Post Office’’. ple past the conventional shapes and the law office to celebrate its 100th an- forms of Western music, helping them niversary. The date was selected be- f appreciate the universality of art. He cause it marked what would have been MEASURES REFERRED the 100th birthday of Peter Mills, Sum- hopes that such cross-cultural music The following bill was read the first ner’s son and longtime attorney at will build a deeper connection between and the second times by unanimous Mills and Mills. Attendees reminisced the East and West, and inspire people consent, and referred as indicated: to love all music. about the law firm’s storied history, H.R. 1343. An act to return unused or re- And finally, I would like to introduce and the event provided an opportunity to look forward to the office’s future of claimed funds made available for broadband Bonnie Nortz, a 17-year old young awards in the American Recovery and Rein- woman with superior achievement in helping the residents of western Maine. vestment Act of 2009 to the Treasury of the the area of literature. Bonnie’s port- Today, I also recognize the long- United States; to the Committee on Com- folio, Run and Run and Run, explores standing commitment and vast con- merce, Science, and Transportation. tributions of the Mills family to public relationships, identity, materialism, f oppression and emotion, and covers service in the State of Maine. Peter, topics as broad as tourism, grammar, who joined Mills and Mills in 1940, was MEASURES PLACED ON THE dreams, cartography, winter and even a member of the Maine House of Rep- CALENDAR pre-calculus. Her goal was to find the resentatives for three terms, as well as The following bill was read the sec- extraordinary in the mundane, the the State senate for two terms. He also ond time, and placed on the calendar: served as a municipal court judge, and pure in the imperfect, and to describe S. 1660. A bill to provide tax relief for that moment of awakening when ev- was later U.S. attorney for Maine for 16 American workers and businesses, to put erything is just the way it should be. years under three Presidents. His fa- workers back on the job while rebuilding and Bonnie hopes to teach others how to go ther had been a State legislator in modernizing America, and to provide path- through life with an everlasting energy Hancock County before moving to ways back to work for Americans looking for Farmington. jobs. and curiosity and to appreciate the Many of Peter’s children have gone fantastic emotional and intellectual f on to follow in their father’s and complexity that comprises our human grandfather’s footsteps. Janet Mills EXECUTIVE AND OTHER existence. served in the Maine House of Rep- COMMUNICATIONS I have long said that America’s gifted resentatives, and later became our The following communications were and talented students possess remark- State’s first female attorney general. laid before the Senate, together with able potential for our great Nation. Peter Mills III, a former State senator accompanying papers, reports, and doc- These 18 young individuals have dem- from Somerset County and twice a can- uments, and were referred as indicated: onstrated more than potential. They didate for Governor, now serves as ex- have already made significant con- EC–3438. A communication from the Assist- ecutive director of the Maine Turnpike ant Secretary, Bureau of Legislative Affairs, tributions to their fields and our soci- Authority. And Doctor Dora Anne Department of State, transmitting, pursuant ety in their short lives and one can Mills is the former director of the to the Arms Export Control Act, the certifi- scarcely begin to imagine how much Maine Center for Disease Control and cation of a proposed amendment to a tech- they will contribute to their fields and Prevention. nical assistance license agreement for the society in the years to come, thanks in Three generations of the Mills family export of defense articles, including, tech- no small part to the encouragement of have worked tirelessly to serve the nical data, and defense services to Norway and Canada for the service life extension of the Davidson Institute as well as their, community in Franklin County and family, friends, and mentors. These the P-3 aircraft in the amount of $100,000,000 throughout western Maine. With a pas- or more; to the Committee on Foreign Rela- young men and women are an inspira- sion for the law and a dedication to tions. tion and a reminder that if we fully public service, the Mills family has left EC–3439. A communication from the Assist- support our most talented young peo- an indelible mark on Maine history. ant Secretary, Bureau of Legislative Affairs, ple, we can look forward to a bright fu- Mills and Mills remains a tribute to Department of State, transmitting, pursuant ture. the critical work begun 100 years ago to the Arms Export Control Act, the certifi- f by Sumner Mills. I thank the entire cation of a proposed amendment to a tech- nical assistance agreement for the export of ADDITIONAL STATEMENTS Mills family for all of their efforts, and defense articles, including, technical data, wish them and everyone at Mills and and defense services to Japan for the export Mills success in their future endeav- and assembly of the Vertical Launch ASROC RECOGNIZING MILLS AND MILLS ors.∑ (Anti-Submarine Rocket) (VLA) system in LAW OFFICE f the amount of $100,000,000 or more; to the ∑ Committee on Foreign Relations. Ms. SNOWE. Mr. President, today I MESSAGE FROM THE HOUSE EC–3440. A communication from the Assist- recognize Mills and Mills Law Office, a At 10:09 a.m., a message from the ant Secretary, Bureau of Legislative Affairs, small family-owned law firm that has House of Representatives, delivered by Department of State, transmitting, pursuant provided vital legal services to the peo- to the Arms Export Control Act, the certifi- Mrs. Cole, one of its reading clerks, an- ple of western Maine for 100 years. cation of a proposed amendment to a manu- nounced that the House has passed the The Mills family name has long been facturing license agreement to include the following bill, in which it requests the synonymous with the Farmington export of defense articles, including, tech- concurrence of the Senate: area. Sumner Mills began a small law nical data, and defense services to the United H.R. 1343. An act to return unused or re- Kingdom for manufacture, assembly, modi- firm there in May of 1911, after moving claimed funds made available for broadband fication, integration, repair and overhaul of his family from the coastal town of awards in the American Recovery and Rein- Vertical Gyros, Rate Gyros, Attitude Head- Stonington, where he had previously vestment Act of 2009 to the Treasury of the ing Reference Systems, Compass Systems, opened a small law practice in 1904. United States. Azimuth Gyros and Attitude Indicators; to Throughout the years, Mills and Mills ENROLLED BILLS SIGNED the Committee on Foreign Relations. has offered its customers a wide range The President pro tempore (Mr. EC–3441. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, of legal services, and at present pri- INOUYE) announced that on today, Oc- marily focuses on estate planning, Department of State, transmitting, pursuant tober 6, 2011, he had signed the fol- to the Arms Export Control Act, the certifi- business issues, and real estate. The lowing enrolled bills, previously signed cation of a proposed amendment to a manu- company has previously offered fire by the Speaker of the House: facturing license agreement to include the and casualty insurance. The firm cur- H.R. 771. An act to designate the facility of export of defense articles, including, tech- rently has nine staff members, includ- the United States Postal Service located at nical data, and defense services to Australia

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.040 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6328 CONGRESSIONAL RECORD — SENATE October 6, 2011 to support the manufacture and sale of am- GE38 engine Low Pressure Turbine Stage 3 in the Office of the President of the Senate munition and ammunition components to Blade in support of the United States Gov- on September 28, 2011; to the Committee on domestic law enforcement and government ernment CH-53K Heavy Lift Helicopter pro- Health, Education, Labor, and Pensions. agency customers in the approved sales ter- gram; to the Committee on Foreign Rela- EC–3457. A communication from the Spe- ritory in the amount of $50,000,000 or more; tions. cial Master, Civil Division, Office of Depart- to the Committee on Foreign Relations. EC–3449. A communication from the Assist- ment of Justice, transmitting, pursuant to EC–3442. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, law, the report of a rule entitled ‘‘James ant Secretary, Bureau of Legislative Affairs, Department of State, transmitting, pursuant Zadroga 9/11 Health and Compensation Act of Department of State, transmitting, pursuant to the Arms Export Control Act, the certifi- 2010’’ (RIN1105–AB39) received during ad- to the Arms Export Control Act, the certifi- cation of a proposed license for the manufac- journment of the Senate in the Office of the cation of a proposed license for the export of ture of significant military equipment President of the Senate September 29, 2011; defense articles that are controlled under abroad and the export of defense articles, in- to the Committee on Health, Education, Category I of the United States Munitions cluding technical data, and defense services Labor, and Pensions. List sold commercially under a contract in to Italy related to the manufacture of a EC–3458. A communication from the Chair- the amount of $1,000,000 or more to Mexico; Multimode Receiver (MMR); to the Com- man of the National Health Care Workforce to the Committee on Foreign Relations. mittee on Foreign Relations. Commission, transmitting, pursuant to law, EC–3443. A communication from the Assist- EC–3450. A communication from the Assist- a report relative to the commission’s various ant Secretary, Bureau of Legislative Affairs, ant Secretary, Legislative Affairs, Depart- charges; to the Committee on Health, Edu- Department of State, transmitting, pursuant ment of State, transmitting, pursuant to cation, Labor, and Pensions. to the Arms Export Control Act, the certifi- law, a report entitled ‘‘Certification to Per- EC–3459. A communication from the Sec- cation of a proposed amendment to a manu- mit U.S. Contribution of Fiscal Year 2010 retary of Health and Human Services, trans- facturing license agreement for the manufac- Funds to the International Fund for Ire- mitting, pursuant to law, a report relative to ture of significant military equipment land’’; to the Committee on Foreign Rela- the Sentinel Initiative launched in May 2008; abroad and the export of defense articles or tions. to the Committee on Health, Education, defense services to Russia for the RD-180 Liq- EC–3451. A communication from the Assist- Labor, and Pensions. uid Propellant Rocket Engine Program in ant Legal Adviser for Treaty Affairs, Depart- EC–3460. A communication from the Sec- the amount of $50,000,000 or more; to the ment of State, transmitting, pursuant to the retary of Labor, transmitting, pursuant to Committee on Foreign Relations. Case-Zablocki Act, 1 U.S.C. 112b, as amended, law, a report entitled ‘‘List of Goods Pro- EC–3444. A communication from the Assist- the report of the texts and background state- duced by Child Labor or Forced Labor’’; to ant Secretary, Bureau of Legislative Affairs, ments of international agreements, other the Committee on Health, Education, Labor, Department of State, transmitting, pursuant than treaties (List 2011–0145—2011–0160); to and Pensions. EC–3461. A communication from the Sec- to the Arms Export Control Act, the certifi- the Committee on Foreign Relations. retary of Labor, transmitting, pursuant to cation of a proposed technical assistance EC–3452. A communication from the Assist- law, a report entitled ‘‘The Department of agreement for the export of defense articles, ant Secretary, Bureau of Legislative Affairs, Labor’s 2010 Findings on the Worst Forms of including, technical data, and defense serv- Department of State, transmitting, pursuant Child Labor’’; to the Committee on Health, ices to Germany, France, Spain, the United to the Arms Export Control Act, the certifi- Education, Labor, and Pensions. Kingdom, Belgium and Turkey for the de- cation of a proposed manufacturing license EC–3462. A communication from the Pro- sign, integration, and testing of the Video agreement for the manufacture of significant gram Manager, Office of the Secretary, De- Distribution and Processing System for use military equipment abroad involving the ex- partment of Health and Human Services, on the A400M Aircraft in the amount of port of defense articles, including technical transmitting, pursuant to law, the report of $50,000,000 or more; to the Committee on For- data, and defense services to the Republic of a rule entitled ‘‘Regulations for the Enforce- eign Relations. South Korea for the manufacture of the AN/ ment of Federal Health Care Provider Con- EC–3445. A communication from the Assist- APX–113 Combined Interrogator Transponder science Protection Laws’’ (RIN0991–AB76) re- ant Secretary, Bureau of Legislative Affairs, (CIT) for end use by the Republic of Korea ceived in the Office of the President of the Department of State, transmitting, pursuant Air Force on their F–16 aircraft; to the Com- Senate on September 26, 2011; to the Com- to the Arms Export Control Act, the certifi- mittee on Foreign Relations. mittee on Health, Education, Labor, and cation of a proposed technical assistance EC–3453. A communication from the Acting Pensions. agreement for the export of defense articles, Assistant Secretary, Bureau of Legislative EC–3463. A communication from the Assist- including, technical data, or defense services Affairs, Department of State, transmitting, ant Secretary for the Employment and sold commercially under contract to Thai- pursuant to the Arms Export Control Act, Training Administration, Department of land and Spain to support the design, manu- the certification of a proposed license for the Labor, transmitting, pursuant to law, the re- facturing and delivery phases of the manufacture of significant military equip- port of a rule entitled ‘‘Wage Methodology Thaicom-6 Commercial Communications ment abroad and the export of defense arti- for the Temporary Non-Agricultural Em- Satellite Program in the amount of cles, including technical data, and defense ployment H–2B Program; Postponement of $50,000,000 or more; to the Committee on For- services for the manufacture in Mexico of Effective Date’’ (RIN1205–AB61) received in eign Relations. the Common Range Integrated Instrumenta- the Office of the President of the Senate on EC–3446. A communication from the Assist- tion System for end use by the Government October 4, 2011; to the Committee on Health, ant Secretary, Bureau of Legislative Affairs, of the United States; to the Committee on Education, Labor, and Pensions. Department of State, transmitting, pursuant Foreign Relations. EC–3464. A communication from the Chair- to the Arms Export Control Act, the certifi- EC–3454. A communication from the Assist- man of the National Council on Disability, cation of a proposed technical assistance ant Secretary, Office of Legislative Affairs, transmitting, pursuant to law, the Council’s agreement for the export of defense articles, Department of State, transmitting, pursuant five-year strategic plan for fiscal years 2012– including, technical data, and defense serv- to law, a report relative to the employment 2017; to the Committee on Health, Education, ices to India for the development, integra- of an adequate number of Americans during Labor, and Pensions. tion, certification, and testing of the GE 2010 by the United Nations; to the Com- EC–3465. A communication from the Direc- F414-INS6 engine with the Light Combat Air- mittee on Foreign Relations. tor of the Regulatory Management Division, craft in the amount of $50,000,000 or more; to EC–3455. A communication from the Assist- Environmental Protection Agency, transmit- the Committee on Foreign Relations. ant General Counsel for Regulatory Services, ting, pursuant to law, the report of a rule en- EC–3447. A communication from the Assist- Office of Special Education and Rehabilita- titled ‘‘Isopyrazam; Pesticide Tolerances’’ ant Secretary, Bureau of Legislative Affairs, tive Services, Department of Education, (FRL No. 8874–6) received in the Office of the Department of State, transmitting, pursuant transmitting, pursuant to law, the report of President of the Senate on October 4, 2011; to to the Arms Export Control Act, the certifi- a rule entitled ‘‘Early Intervention Program the Committee on Agriculture, Nutrition, cation of a proposed manufacturing license for Infants and Toddlers with Disabilities’’ and Forestry. agreement to include the export of defense (RIN1820–AB59) received during recess of the EC–3466. A communication from the Direc- articles, including, technical data, and de- Senate in the Office of the President of the tor of the Regulatory Management Division, fense services to South Korea for the manu- Senate on September 29, 2011; to the Com- Environmental Protection Agency, transmit- facture and assembly related to MK 45 Mod 4 mittee on Health, Education, Labor, and ting, pursuant to law, the report of a rule en- Naval Gun Mounts; to the Committee on Pensions. titled ‘‘Prothioconazole; Pesticide Toler- Foreign Relations. EC–3456. A communication from the Dep- ances’’ (FRL No. 8884–2) received in the Of- EC–3448. A communication from the Assist- uty Director for Policy, Legislative and Reg- fice of the President of the Senate on Octo- ant Secretary, Bureau of Legislative Affairs, ulatory Department, Pension Benefit Guar- ber 4, 2011; to the Committee on Agriculture, Department of State, transmitting, pursuant anty Corporation, transmitting, pursuant to Nutrition, and Forestry. to the Arms Export Control Act, the certifi- law, the report of a rule entitled ‘‘Allocation EC–3467. A communication from the Con- cation of a proposed license for the manufac- of Assets in Single-Employer Plans; Benefits gressional Review Coordinator, Animal and ture of significant military equipment Payable in Terminated Single-Employer Plant Health Inspection Service, Department abroad and the export of defense articles, in- Plans; Interest Assumptions for Valuing and of Agriculture, transmitting, pursuant to cluding technical data, or defense services to Paying Benefits’’ (29 CFR Parts 4022 and 4044) law, the report of a rule entitled ‘‘Tuber- Germany related to the manufacture of the received during adjournment of the Senate culosis in Cattle and Bison; State and Zone

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.019 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6329 Designations; New Mexico’’ (Docket No. tober 4, 2011; to the Committee on Environ- EC–3485. A communication from the Sec- APHIS–2011–0093) received in the Office of the ment and Public Works. retary of Health and Human Services, trans- President of the Senate on October 4, 2011; to EC–3476. A communication from the Direc- mitting, pursuant to law, a report entitled the Committee on Agriculture, Nutrition, tor of the Regulatory Management Division, ‘‘Approaches for Identifying, Collecting, and and Forestry. Environmental Protection Agency, transmit- Evaluating Data on Health Care Disparities EC–3468. A communication from the Con- ting, pursuant to law, the report of a rule en- in Medicaid and CHIP’’; to the Committee on gressional Review Coordinator, Animal and titled ‘‘Approval and Promulgation of Air Finance. Plant Health Inspection Service, Department Quality Implementation Plans; Common- EC–3486. A communication from the Senior of Agriculture, transmitting, pursuant to wealth of Virginia; Section 110(a)(2) Infra- Procurement Executive, Office of Govern- law, the report of a rule entitled ‘‘Tuber- structure Requirements for the 1997 8-Hour mentwide Policy, General Services Adminis- culosis in Cattle and Bison; State and Zone Ozone and the 1997 and 2006 Fine Particulate tration, transmitting, pursuant to law, the Designations; Minnesota’’ (Docket No. Matter National Ambient Air Quality Stand- report of a rule entitled ‘‘Federal Travel APHIS–2011–0100) received in the Office of the ards’’ (FRL No. 9477–6) received in the Office Regulation; Terms and Definitions for ‘De- President of the Senate on October 4, 2011; to of the President of the Senate on October 4, pendent’, ‘Domestic Partner’, ‘Domestic the Committee on Agriculture, Nutrition, 2011; to the Committee on Environment and Partnership’, and ‘Immediate Family’ ’’ and Forestry. Public Works. (RIN3090–AJ06) received during adjournment EC–3469. A communication from the Con- EC–3477. A communication from the Chief of the Senate in the Office of the President gressional Review Coordinator, Animal and of the Publications and Regulations Branch, of the Senate on September 30, 2011; to the Plant Health Inspection Service, Department Internal Revenue Service, Department of the Committee on Homeland Security and Gov- of Agriculture, transmitting, pursuant to Treasury, transmitting, pursuant to law, the ernmental Affairs. law, the report of a rule entitled ‘‘Gypsy report of a rule entitled ‘‘Procedures for Sec- EC–3487. A communication from the Chair- Moth Generally Infested Areas; Additions in tion 2053 Protective Claims for Refund’’ man of the Council of the District of Colum- Indiana, Maine, Ohio, Virginia, West Vir- (Rev. Proc. 2011–48) received in the Office of bia, transmitting, pursuant to law, a report ginia, and Wisconsin’’ (Docket No. APHIS– the President of the Senate on October 8, on D.C. Act 19–97 ‘‘Ward Redistricting 2010–0075) received during adjournment of the 2011; to the Committee on Finance. Amendment Act of 2011’’; to the Committee EC–3478. A communication from the Chief Senate in the Office of the President of the on Homeland Security and Governmental Af- of the Publications and Regulations Branch, Senate on September 29, 2011; to the Com- fairs. Internal Revenue Service, Department of the mittee on Agriculture, Nutrition, and For- EC–3488. A communication from the Chair- Treasury, transmitting, pursuant to law, the estry. man of the Council of the District of Colum- report of a rule entitled ‘‘Guidance on Elect- EC–3470. A communication from the Assist- bia, transmitting, pursuant to law, a report ant Secretary of Defense (Homeland Defense ing Portability of Deceased Spousal Unused Exclusion Amount’’ (Notice 2011–82) received on D.C. Act 19–154 ‘‘Income Tax Secured and Americas’ Security Affairs), transmit- Bond Authorization Act of 2011’’; to the Com- ting, pursuant to law, a report entitled in the Office of the President of the Senate on October 4, 2011; to the Committee on Fi- mittee on Homeland Security and Govern- ‘‘Combating Terrorism Activities Fiscal mental Affairs. Year 2012 Budget Estimates’’; to the Com- nance. EC–3479. A communication from the Chief EC–3489. A communication from the Chair, mittee on Armed Services. of the Publications and Regulations Branch, Office of General Counsel, Federal Election EC–3471. A communication from the Sec- Commission, transmitting, pursuant to law, retary of the Treasury, transmitting, pursu- Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the the report of a rule entitled ‘‘Interpretive ant to law, a six-month periodic report on Rule on When Certain Independent Expendi- the continuation of the national emergency report of a rule entitled ‘‘Per Diem Rate Substantiation Procedures’’ (Rev. Proc. 2011– tures are ‘Publicly Disseminated’ for Report- declared in Executive Order 13413 with re- 47) received in the Office of the President of ing Purposes’’ (Notice 2011–13) received dur- spect to blocking the property of persons the Senate on October 4, 2011; to the Com- ing adjournment of the Senate in the Office contributing to the conflict taking place in mittee on Finance. of the President of the Senate on September the Democratic Republic of the Congo; to the EC–3480. A communication from the Chief 30, 2011; to the Committee on Rules and Ad- Committee on Banking, Housing, and Urban of the Publications and Regulations Branch, ministration. Affairs. Internal Revenue Service, Department of the EC–3490. A communication from the Fed- EC–3472. A communication from the Dep- Treasury, transmitting, pursuant to law, the eral Register Liaison Officer, Patent and uty Assistant Secretary of Land and Min- report of a rule entitled ‘‘Deduction for Trademark Office, Department of Commerce, erals Management, Bureau of Ocean Energy Qualified Film and Television Production transmitting, pursuant to law, the report of Management, Regulation, and Enforcement, Costs’’ (RIN1545–BF94) received in the Office a rule entitled ‘‘Changes To Implement the Department of the Interior, transmitting, of the President of the Senate on October 4, Prioritized Examination Track (Track I) of pursuant to law, the report of a rule entitled 2011; to the Committee on Finance. the Enhanced Examination Timing Control ‘‘Reorganization of Title 30’’ (RIN1010–AD79) EC–3481. A communication from the Chief Procedures Under the Leahy-Smith America received in the Office of the President of the of the Publications and Regulations Branch, Invents Act’’ (RIN0651–AC62) received in the Senate on October 3, 2011; to the Committee Internal Revenue Service, Department of the Office of the President of the Senate on Sep- on Energy and Natural Resources. Treasury, transmitting, pursuant to law, the tember 23, 2011; to the Committee on the Ju- EC–3473. A communication from the Direc- report of a rule entitled ‘‘2011–2012 Special diciary. tor of the Regulatory Management Division, Per Diem Rates’’ (Notice No. 2011–81) re- EC–3491. A communication from the Fed- Environmental Protection Agency, transmit- ceived in the Office of the President of the eral Register Liaison Officer, Patent and ting, pursuant to law, the report of a rule en- Senate on October 4, 2011; to the Committee Trademark Office, Department of Commerce, titled ‘‘Approval and Promulgation of Imple- on Finance. transmitting, pursuant to law, the report of mentation Plans; North Carolina: Prevention EC–3482. A communication from the Chief a rule entitled ‘‘Revision of Standard for of Significant Deterioration; Greenhouse Gas of the Publications and Regulations Branch, Granting an Inter Partes Reexamination Re- Tailoring Rule Revision’’ (FRL No. 9476–5) Internal Revenue Service, Department of the quest’’ (RIN0651–AC61) received in the Office received in the Office of the President of the Treasury, transmitting, pursuant to law, the of the President of the Senate on September Senate on October 4, 2011; to the Committee report of a rule entitled ‘‘Fringe Benefits 23, 2011; to the Committee on the Judiciary. on Environment and Public Works. Aircraft Valuation Formula’’ (Rev. Rul. 2011– EC–3492. A communication from the Assist- EC–3474. A communication from the Direc- 21) received in the Office of the President of ant Attorney General, Office of Legislative tor of the Regulatory Management Division, the Senate on October 4, 2011; to the Com- Affairs, Department of Justice, transmit- Environmental Protection Agency, transmit- mittee on Finance. ting, pursuant to law, a report relative to ting, pursuant to law, the report of a rule en- EC–3483. A communication from the Chief the Department’s activities regarding civil titled ‘‘California: Final Authorization of of the Publications and Regulations Branch, rights era homicides; to the Committee on State Hazardous Waste Management Pro- Internal Revenue Service, Department of the the Judiciary. gram Revision’’ (FRL No. 9476–2) received in Treasury, transmitting, pursuant to law, the EC–3493. A communication from the Office the Office of the President of the Senate on report of a rule entitled ‘‘Nonaccrual-Experi- Chief, U.S. Coast Guard, Department of October 4, 2011; to the Committee on Envi- ence Method of Accounting Book Safe Har- Homeland Security, transmitting, pursuant ronment and Public Works. bor’’ (Rev. Proc. 2011–46) received in the Of- to law, the report of a rule entitled ‘‘Notice EC–3475. A communication from the Direc- fice of the President of the Senate on Octo- of Expired Temporary Rules Issued’’ (Docket tor of the Regulatory Management Division, ber 4, 2011; to the Committee on Finance. No. USCG–2011–0874) received in the Office of Environmental Protection Agency, transmit- EC–3484. A communication from the Chief the President of the Senate on October 5, ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, 2011; to the Committee on Commerce, titled ‘‘Approval and Promulgation of Air Internal Revenue Service, Department of the Science, and Transportation. Quality Implementation Plans; West Vir- Treasury, transmitting, pursuant to law, the ginia; Determination of Attainment and De- report of a rule entitled ‘‘Voluntary Classi- f termination of Clean Data for the Annual fication Settlement Program’’ (Rev. Proc. REPORTS OF COMMITTEES 1997 Fine Particle Standard for the Charles- 2011–64) received in the Office of the Presi- ton Area’’ (FRL No. 9477–5) received in the dent of the Senate on October 4, 2011; to the The following reports of committees Office of the President of the Senate on Oc- Committee on Finance. were submitted:

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.020 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6330 CONGRESSIONAL RECORD — SENATE October 6, 2011 By Mr. INOUYE, from the Committee on (Nominations without an asterisk S. 1670. A bill to eliminate racial profiling Appropriations: were reported with the recommenda- by law enforcement, and for other purposes; Special Report entitled ‘‘Further Revised tion that they be confirmed.) to the Committee on the Judiciary. Allocation to Subcommittees of Budget To- By Mrs. HAGAN (for herself, Mr. tals for Fiscal Year 2012’’ (Rept. No. 112–87). f MCCAIN, Mrs. BOXER, Mr. BLUNT, Mr. f INTRODUCTION OF BILLS AND GRAHAM, Mr. ISAKSON, Ms. MUR- JOINT RESOLUTIONS KOWSKI, Mr. BROWN of Massachusetts, EXECUTIVE REPORTS OF and Mr. MANCHIN): COMMITTEES The following bills and joint resolu- S. 1671. A bill to amend the Internal Rev- The following executive reports of tions were introduced, read the first enue Code of 1986 to allow a temporary divi- nominations were submitted: and second times by unanimous con- dends received deduction for dividends re- sent, and referred as indicated: ceived from a controlled foreign corporation; By Mr. JOHNSON, of South Dakota, for to the Committee on Finance. By Mrs. MURRAY: the Committee on Banking, Housing, and By Mr. CONRAD (for himself and Mr. S. 1661. A bill to amend title V of the Ele- Urban Affairs. SESSIONS): David A. Montoya, of Texas, to be Inspec- mentary and Secondary Education Act of S. 1672. A bill to amend the Controlled Sub- tor General, Department of Housing and 1965 to reduce class size through the use of stances Act to clarify that persons who enter Urban Development. highly qualified teachers, and for other pur- into a conspiracy within the United States *Patricia M. Loui, of Hawaii, to be a Mem- poses; to the Committee on Health, Edu- to traffic illegal controlled substances out- ber of the Board of Directors of the Export- cation, Labor, and Pensions. side the United States, or engage in conduct Import Bank of the United States for a term By Mr. PRYOR (for himself and Mr. within the United States to aid or abet drug expiring January 20, 2015. CARDIN): trafficking outside the United States, may *Richard Cordray, of Ohio, to be Director, S. 1662. A bill to amend the Federal Food, be criminally prosecuted in the United Bureau of Consumer Financial Protection for Drug, and Cosmetic Act to establish a nano- States, and for other purposes; to the Com- a term of five years. technology regulatory science program; to mittee on the Judiciary. *Larry W. Walther, of Arkansas, to be a the Committee on Health, Education, Labor, By Mr. AKAKA (for himself and Mrs. Member of the Board of Directors of the Ex- and Pensions. FEINSTEIN): port-Import Bank of the United States for a By Mr. BEGICH (for himself, Ms. KLO- S. 1673. A bill to establish the Office of Ag- term expiring January 20, 2013. BUCHAR, Mr. SCHUMER, Mrs. GILLI- riculture Inspection within the Department *Alan B. Krueger, of New Jersey, to be a BRAND, and Mr. PRYOR): of Homeland Security, which shall be headed Member of the Council of Economic Advis- S. 1663. A bill to direct the Secretary of by the Assistant Commissioner for Agri- ers. Commerce to establish a competitive grant culture Inspection, and for other purposes; to *Cyrus Amir-Mokri, of New York, to be an program to promote domestic regional tour- Assistant Secretary of the Treasury. the Committee on Homeland Security and ism; to the Committee on Commerce, Governmental Affairs. By Mr. ROCKEFELLER for the Committee Science, and Transportation. on Commerce, Science, and Transportation. By Mr. REED: By Mrs. FEINSTEIN: S. 1674. A bill to improve teacher quality, *John Edgar Bryson, of California, to be S. 1664. A bill to amend titles 28 and 10, Secretary of Commerce. and for other purposes; to the Committee on United States Code, to allow for certiorari Health, Education, Labor, and Pensions. *Coast Guard nomination of Rdml David R. review of certain cases denied relief or re- Callahan, to be Rear Admiral (Lower Half). By Mr. MERKLEY (for himself, Mr. view by the United States Court of Appeals FRANKEN, Mr. BEGICH, Mrs. GILLI- Mr. ROCKEFELLER. Mr. President, for the Armed Forces; to the Committee on BRAND, and Mr. CASEY): for the Committee on Commerce, the Judiciary. S. 1675. A bill to improve student academic Science, and Transportation I report By Mr. BEGICH (for himself, Mr. achievement in science, technology, engi- favorably the following nomination ROCKEFELLER, and Ms. SNOWE): neering, and mathematics subjects; to the lists which were printed in the S. 1665. A bill to authorize appropriations Committee on Health, Education, Labor, and for the Coast Guard for fiscal years 2012 and Pensions. RECORDS on the dates indicated, and 2013, and for other purposes; to the Com- ask unanimous consent, to save the ex- By Mr. THUNE: mittee on Commerce, Science, and Transpor- S. 1676. A bill to amend the Internal Rev- pense of reprinting on the Executive tation. enue Code of 1986 to provide for taxpayers Calendar that these nominations lie at By Mr. THUNE: making donations with their returns of in- the Secretary’s desk for the informa- S. 1666. A bill to prohibit the implementa- come tax to the Federal Government to pay tion of Senators. tion of certain rules of the National Labor down the public debt; to the Committee on The PRESIDING OFFICER. Without Relations Board relating to the posting of Finance. objection, it is so ordered. notices on unionization; to the Committee By Mr. WYDEN: on Health, Education, Labor, and Pensions. *Coast Guard nomination of Walter L. S.J. Res. 28. A joint resolution limiting the By Mr. HARKIN: issuance of a letter of offer with respect to a Ouzts, Jr., to be Lieutenant. S. 1667. A bill to require certain standards *Coast Guard nomination of Kathleen A. certain proposed sale of defense articles and and enforcement provisions to prevent child Duignan, to be Commander. defense services to the Kingdom of Bahrain; *National Oceanic and Atmospheric Ad- abuse and neglect in residential programs, to the Committee on Foreign Relations. and for other purposes; to the Committee on ministration nominations beginning with f Richard R. Wingrove and ending with Linh Health, Education, Labor, and Pensions. K. Nguyen, which nominations were received By Mr. MERKLEY (for himself, Mr. SUBMISSION OF CONCURRENT AND by the Senate and appeared in the Congres- MORAN, Mr. TESTER, Mr. BEGICH, Mr. SENATE RESOLUTIONS sional Record on June 30, 2011. WYDEN, and Ms. MURKOWSKI): S. 1668. A bill to provide that the Postal The following concurrent resolutions By Mr. LEAHY for the Committee on the and Senate resolutions were read, and Judiciary. Service may not close any post office which Evan Jonathan Wallach, of New York, to results in more than 10 miles distance (as referred (or acted upon), as indicated: be United States Circuit Judge for the Fed- measured on roads with year-round access) By Mr. COONS (for himself, Mr. SES- eral Circuit. between any 2 post offices; to the Committee SIONS, Mr. CARDIN, Mr. ALEXANDER, Dana L. Christensen, of Montana, to be on Homeland Security and Governmental Af- Mrs. MURRAY, Mr. LIEBERMAN, Mr. United States District Judge for the District fairs. REED, Mr. WYDEN, Mr. BINGAMAN, Mr. of Montana. By Mr. CARDIN (for himself, Mrs. WHITEHOUSE, Mr. UDALL of New Mex- Cathy Ann Bencivengo, of California, to be BOXER, and Mr. REID): ico, Mr. BROWN of Massachusetts, Ms. United States District Judge for the South- S. 1669. A bill to authorize the Adminis- COLLINS, Mr. COCHRAN, and Mr. ern District of California. trator of the Environmental Protection MERKLEY): Gina Marie Groh, of West Virginia, to be Agency to establish a program of awarding S. Res. 288. A resolution designating the United States District Judge for the North- grants to owners or operators of water sys- week beginning October 9, 2011, as ‘‘National ern District of West Virginia. tems to increase the resiliency or adapt- Wildlife Refuge Week’’; considered and Margo Kitsy Brodie, of New York, to be ability of the systems to any ongoing or agreed to. United States District Judge for the Eastern forecasted changes to the hydrologic condi- By Mr. BROWN of Ohio (for himself, District of New York. tions of a region of the United States; to the Mr. SHELBY, Mr. SESSIONS, Mr. *Nomination was reported with rec- Committee on Environment and Public PORTMAN, Mr. LEVIN, Mr. MENENDEZ, ommendation that it be confirmed sub- Works. Mr. CARDIN, Mr. LAUTENBERG, Mr. By Mr. CARDIN (for himself, Mr. INHOFE, Ms. MIKULSKI, and Mr. REID): ject to the nominee’s commitment to BLUMENTHAL, Mr. DURBIN, Mrs. GILLI- S. Res. 289. A resolution celebrating the respond to requests to appear and tes- BRAND, Mr. KERRY, Mr. LAUTENBERG, life and achievements of Reverend Fred Lee tify before any duly constituted com- Mr. LEVIN, Mr. MENENDEZ, Ms. MI- Shuttlesworth and honoring him for his tire- mittee of the Senate. KULSKI, and Ms. STABENOW): less efforts in the fight against segregation

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.023 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6331 and his steadfast commitment to the civil of S. 798, a bill to provide an amnesty process heaters, and incinerators, and rights of all people; considered and agreed to. period during which veterans and their for other purposes. By Mrs. MURRAY (for herself, Mr. family members can register certain At the request of Ms. COLLINS, the ISAKSON, and Mr. BEGICH): firearms in the National Firearms Reg- names of the Senator from Kansas (Mr. S. Res. 290. A resolution supporting the designation of October 6, 2011, as istration and Transfer Record, and for MORAN) and the Senator from Mary- ‘‘Jumpstart’s Read for the Record Day’’; con- other purposes. land (Ms. MIKULSKI) were added as co- sidered and agreed to. S. 951 sponsors of S. 1392, supra. f At the request of Mrs. MURRAY, the S. 1438 name of the Senator from Connecticut At the request of Mr. JOHNSON of Wis- ADDITIONAL COSPONSORS (Mr. BLUMENTHAL) was added as a co- consin, the name of the Senator from S. 164 sponsor of S. 951, a bill to improve the Idaho (Mr. CRAPO), was added as a co- At the request of Mr. BROWN of Mas- provision of Federal transition, reha- sponsor of S. 1438, a bill to provide that sachusetts, the names of the Senator bilitation, vocational, and unemploy- no agency may take any significant from Wyoming (Mr. BARRASSO) and the ment benefits to members of the regulatory action until the unemploy- Senator from Georgia (Mr. ISAKSON) Armed Forces and veterans, and for ment rate is equal to or less than 7.7 were added as cosponsors of S. 164, a other purposes. percent. bill to repeal the imposition of with- S. 1025 S. 1486 holding on certain payments made to At the request of Mr. LEAHY, the At the request of Mr. ROBERTS, the vendors by government entities. names of the Senator from Idaho (Mr. name of the Senator from Massachu- S. 202 CRAPO) and the Senator from Wisconsin setts (Mr. BROWN) was added as a co- At the request of Mr. PAUL, the (Mr. JOHNSON) were added as cospon- sponsor of S. 1486, a bill to amend title names of the Senator from Idaho (Mr. sors of S. 1025, a bill to amend title 10, XVIII of the Social Security Act to RISCH), the Senator from Florida (Mr. United States Code, to enhance the na- clarify and expand on criteria applica- RUBIO), the Senator from Oklahoma tional defense through empowerment ble to patient admission to and care (Mr. COBURN), the Senator from Mis- of the National Guard, enhancement of furnished in long-term care hospitals souri (Mr. BLUNT), the Senator from the functions of the National Guard participating in the Medicare program, Wyoming (Mr. BARRASSO), the Senator Bureau, and improvement of Federal- and for other purposes. from North Carolina (Mr. BURR), the State military coordination in domes- S. 1508 Senator from South Dakota (Mr. tic emergency response, and for other At the request of Mr. MENENDEZ, the THUNE), the Senator from Oklahoma purposes. name of the Senator from Oregon (Mr. (Mr. INHOFE) and the Senator from Mis- S. 1061 MERKLEY) was added as a cosponsor of sissippi (Mr. WICKER) were added as co- At the request of Mr. BARRASSO, the S. 1508, a bill to extend loan limits for sponsors of S. 202, a bill to require a name of the Senator from Oklahoma programs of the Federal Housing Ad- full audit of the Board of Governors of (Mr. COBURN) was added as a cosponsor ministration, the government-spon- the Federal Reserve System and the of S. 1061, a bill to amend title 5 and 28, sored enterprises, and the Department Federal reserve banks by the Comp- United States Code, with respect to the of Veterans Affairs, and for other pur- troller General of the United States be- award of fees and other expenses in poses. fore the end of 2012, and for other pur- cases brought against agencies of the S. 1527 poses. United States, to require the Adminis- At the request of Mrs. HAGAN, the S. 299 trative Conference of the United States name of the Senator from Delaware At the request of Mr. PAUL, the name to compile, and make publically avail- (Mr. COONS) was added as a cosponsor of the Senator from Idaho (Mr. CRAPO) able, certain data relating to the Equal of S. 1527, a bill to authorize the award was added as a cosponsor of S. 299, a Access to Justice Act, and for other of a Congressional gold medal to the bill to amend chapter 8 of title 5, purposes. Montford Point Marines of World War United States Code, to provide that S. 1167 II. major rules of the executive branch At the request of Mr. JOHNSON of S. 1538 shall have no force or effect unless a South Dakota, the name of the Senator At the request of Ms. COLLINS, the joint resolution of approval is enacted from Connecticut (Mr. BLUMENTHAL) name of the Senator from Idaho (Mr. into law. was added as a cosponsor of S. 1167, a CRAPO) was added as a cosponsor of S. S. 306 bill to amend the Public Health Serv- 1538, a bill to provide for a time-out on At the request of Mr. WEBB, the name ice Act to improve the diagnosis and certain regulations, and for other pur- of the Senator from Pennsylvania (Mr. treatment of hereditary hemorrhagic poses. CASEY) was added as a cosponsor of S. telangiectasia, and for other purposes. S. 1541 306, a bill to establish the National S. 1219 At the request of Mr. BENNET, the Criminal Justice Commission. At the request of Mr. BARRASSO, the names of the Senator from Idaho (Mr. S. 504 name of the Senator from Kansas (Mr. CRAPO) and the Senator from New York At the request of Mr. DEMINT, the MORAN) was added as a cosponsor of S. (Mrs. GILLIBRAND) were added as co- name of the Senator from Nevada (Mr. 1219, a bill to require Federal agencies sponsors of S. 1541, a bill to revise the HELLER) was added as a cosponsor of S. to assess the impact of Federal action Federal charter for the Blue Star 504, a bill to preserve and protect the on jobs and job opportunities, and for Mothers of America, Inc. to reflect a free choice of individual employees to other purposes. change in eligibility requirements for form, join, or assist labor organiza- S. 1335 membership. tions, or to refrain from such activi- At the request of Mr. INHOFE, the S. 1589 ties. name of the Senator from Virginia (Mr. At the request of Mr. LAUTENBERG, S. 556 WARNER) was added as a cosponsor of S. the name of the Senator from New Jer- At the request of Mrs. HUTCHISON, the 1335, a bill to amend title 49, United sey (Mr. MENENDEZ) was added as a co- name of the Senator from Idaho (Mr. States Code, to provide rights for pi- sponsor of S. 1589, a bill to extend the CRAPO) was added as a cosponsor of S. lots, and for other purposes. authorization for the Coastal Heritage 556, a bill to amend the securities laws S. 1392 Trail in the State of New Jersey. to establish certain thresholds for At the request of Mr. JOHANNS, his S. 1606 shareholder registration, and for other name was added as a cosponsor of S. At the request of Mr. JOHANNS, his purposes. 1392, a bill to provide additional time name was added as a cosponsor of S. S. 798 for the Administrator of the Environ- 1606, a bill to reform the process by At the request of Mr. TESTER, the mental Protection Agency to issue which Federal agencies analyze and name of the Senator from Oklahoma achievable standards for industrial, formulate new regulations and guid- (Mr. COBURN) was added as a cosponsor commercial, and institutional boilers, ance documents.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.056 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6332 CONGRESSIONAL RECORD — SENATE October 6, 2011 S. 1611 AMENDMENT NO. 680 the cost of health care. However, Con- At the request of Mr. JOHNSON of Wis- At the request of Mr. HATCH, the gress and the FDA must assure the consin, the names of the Senator from names of the Senator from South Da- public that nanotechnology-based prod- Kentucky (Mr. MCCONNELL), the Sen- kota (Mr. THUNE), the Senator from ucts are both safe and efficacious. The ator from Arizona (Mr. KYL), the Sen- Texas (Mr. CORNYN), the Senator from Nanotechnology Regulatory Science ator from Texas (Mr. CORNYN), the Sen- Mississippi (Mr. WICKER) and the Sen- Act of 2011 will enable the FDA to ator from Alabama (Mr. SESSIONS), the ator from Wyoming (Mr. BARRASSO) properly study how nanomaterials are Senator from Arizona (Mr. MCCAIN), were added as cosponsors of amend- absorbed by the human body, how the Senator from Oklahoma (Mr. ment No. 680 intended to be proposed to nanomaterials designed to carry cancer INHOFE), the Senator from Mississippi S. 1619, a bill to provide for identifica- fighting drugs target and kill tumors, (Mr. WICKER), the Senator from South tion of misaligned currency, require and how nanoscale texturing of bone Carolina (Mr. DEMINT), the Senator action to correct the misalignment, implants can make a stronger joint and from Oklahoma (Mr. COBURN), the Sen- and for other purposes. reduce the threat of infection. ator from Idaho (Mr. RISCH), the Sen- AMENDMENT NO. 692 Nanotechnology, or the manipulation ator from Idaho (Mr. CRAPO), the Sen- At the request of Mr. JOHANNS, the of material at dimensions between 1 ator from Wyoming (Mr. BARRASSO), names of the Senator from Iowa (Mr. and 100 nanometers, is a challenging the Senator from Louisiana (Mr. VIT- GRASSLEY) and the Senator from Mis- scientific area. To put this size scale in TER), the Senator from Florida (Mr. sissippi (Mr. WICKER) were added as co- perspective, a human hair is 80,000 RUBIO), and the Senator from Utah (Mr. sponsors of amendment No. 692 in- nanometers thick. LEE) were added as cosponsors of S. tended to be proposed to S. 1619, a bill Nanomaterials have different chem- 1611, a bill to reduce the size of the to provide for identification of mis- ical, physical, electrical and biological Federal workforce through attrition, aligned currency, require action to cor- characteristics than when used as larg- and for other purposes. rect the misalignment, and for other er, bulk materials. For example, S. 1639 purposes. nanoscale silver has exhibited unique At the request of Mr. TESTER, the AMENDMENT NO. 703 antibacterial properties for treating in- names of the Senator from Alaska (Mr. At the request of Mr. BROWN of Mas- fections and wounds. Nanomaterials BEGICH) and the Senator from Pennsyl- sachusetts, the names of the Senator have a much larger ratio of surface vania (Mr. CASEY) were added as co- from Wyoming (Mr. BARRASSO) and the area to mass than ordinary materials sponsors of S. 1639, a bill to amend title Senator from Wyoming (Mr. ENZI) were do. It is at the surface of materials 36, United States Code, to authorize added as cosponsors of amendment No. that biological and chemical reactions the American Legion under its Federal 703 intended to be proposed to S. 1619, a take place and so we would expect charter to provide guidance and leader- bill to provide for identification of mis- nanomaterials to be more reactive ship to the individual departments and aligned currency, require action to cor- than bulk materials. posts of the American Legion, and for rect the misalignment, and for other The novel characteristics of nanoma- other purposes. purposes. terials mean that risk assessments de- S. 1653 AMENDMENT NO. 717 veloped for ordinary materials may be At the request of Ms. KLOBUCHAR, the At the request of Ms. COLLINS, the of limited use in determining the name of the Senator from Virginia (Mr. name of the Senator from Mississippi health and public safety of products WARNER) was added as a cosponsor of S. (Mr. WICKER) was added as a cosponsor based on nanotechnology. 1653, a bill to make minor modifica- of amendment No. 717 intended to be The FDA needs the tools and re- tions to the procedures relating to the proposed to S. 1619, a bill to provide for sources to assure the public that nano- issuance of visas. identification of misaligned currency, technology-based medical and health S. RES. 132 require action to correct the misalign- products are safe and effective. The de- velopment of a regulatory framework At the request of Mr. NELSON of Ne- ment, and for other purposes. braska, the name of the Senator from AMENDMENT NO. 728 for the use of nanomaterials in drugs, medical devices, cosmetics, sunscreens Oregon (Mr. MERKLEY) was added as a At the request of Mr. COONS, the cosponsor of S. Res. 132, a resolution name of the Senator from Utah (Mr. and food additives must be based on recognizing and honoring the zoos and HATCH) was added as a cosponsor of scientific knowledge and data about aquariums of the United States. amendment No. 728 intended to be pro- each specific technology and product. Without a robust regulatory science AMENDMENT NO. 669 posed to S. 1619, a bill to provide for identification of misaligned currency, framework there is no way to know At the request of Mr. MERKLEY, the what data to collect. More than a name of the Senator from Michigan require action to correct the misalign- ment, and for other purposes. dozen material characteristics have (Mr. LEVIN) was added as a cosponsor of been suggested even for relatively sim- f amendment No. 669 intended to be pro- ple nanomaterials. Without better sci- posed to S. 1619, a bill to provide for STATEMENTS ON INTRODUCED entific knowledge of nanomaterials and identification of misaligned currency, BILLS AND JOINT RESOLUTIONS their behavior in the human body, we require action to correct the misalign- By Mr. PRYOR (for himself and do not know what data to collect and ment, and for other purposes. Mr. CARDIN): examine. AMENDMENT NO. 671 S. 1662. A bill to amend the Federal In 2007, the FDA Nanotechnology At the request of Mr. BARRASSO, the Food, Drug and Cosmetic Act to estab- Task Force published a report ana- name of the Senator from Mississippi lish a nanotechnology regulatory lyzing the FDA’s scientific program (Mr. WICKER) was added as a cosponsor science program; to the Committee on and regulatory authority for address- of amendment No. 671 intended to be Health, Education, Labor, and Pen- ing nanotechnology in drugs, medical proposed to S. 1619, a bill to provide for sions. devices, biologics, and food supple- identification of misaligned currency, Mr. PRYOR. Mr. President, I rise ments. A general finding of the report require action to correct the misalign- today with Senator CARDIN to intro- is that nanoscale materials present ment, and for other purposes. duce the Nanotechnology Regulatory regulatory challenges similar to those AMENDMENT NO. 672 Science Act of 2011 which will author- posed by products using other emerg- At the request of Mr. BARRASSO, the ize a program of regulatory science by ing technologies. However, these chal- name of the Senator from Mississippi the U.S. Food and Drug Administration lenges may be magnified because nano- (Mr. WICKER) was added as a cosponsor on nanotechnology-based medical and technology can be used to make almost of amendment No. 672 intended to be health products. any FDA-regulated product. Also, at proposed to S. 1619, a bill to provide for Nanotechnology holds great promise the nanoscale, the properties of a ma- identification of misaligned currency, to revolutionize the development of terial relevant to the safety and effec- require action to correct the misalign- new medicines, drug delivery, and or- tiveness of the FDA-regulated products ment, and for other purposes. thopedic implants while holding down might change.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.026 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6333 The Task Force recommended that In the in vivo area, one of the most gram for the scientific investigation of nano- the FDA focus on improving its sci- pressing needs in clinical oncology is materials included or intended for inclusion entific knowledge of nanotechnology to for imaging agents that can identify in products regulated under this Act, to ad- help ensure the agency’s regulatory ef- tumors that are far smaller than is dress the potential toxicology of such mate- rials, the effects of such materials on bio- fectiveness, particularly with regard to possible with today’s technology. logical systems, and interaction of such ma- products not subject to premarket au- Achieving this level of sensitivity re- terials with biological systems. thorization requirements. quires better targeting of imaging ‘‘(b) PROGRAM PURPOSES.—The purposes of The FDA has already reviewed and agents and generation of a larger imag- the program established under subsection (a) approved some nanotechnology-based ing signal, both of which nanoscale de- shall be to— products. In the coming years, they ex- vices are capable of accomplishing. ‘‘(1) assess scientific literature and data on pect a significant increase in the use of Perhaps the greatest near-term im- general nanomaterials interactions with bio- nanomaterials in drugs, devices, bio- pact of multifunctional therapeutic logical systems and on specific nanomate- logics, cosmetics, food, and over-the- compounds will come in the area of rials of concern to Food and Drug Adminis- tration; counter products. This will require the tumor targeting and cancer therapies. ‘‘(2) in cooperation with other Federal FDA to devote more of its regulatory Nanotechnology can be used to develop agencies, develop and organize information attention to nanotechnology based new methods of drug delivery that bet- using databases and models that will facili- products. ter target selected tissues and cells, tate the identification of generalized prin- The FDA has already begun to devote and to improve on the efficiency of ciples and characteristics regarding the be- some resources to the understanding of drug activity in the cytoplasm or nu- havior of classes of nanomaterials with bio- the human health effects and safety of cleus. Drug delivery applications will logical systems; nanotechnology. The FDA has estab- provide a solution to solubility prob- ‘‘(3) promote intramural Food and Drug lished a Nanotechnology Core Facility Administration programs and participate in lems, as well as offer intracellular de- collaborative efforts, to further the under- at the National Center for Toxi- livery possibilities. standing of the science of novel properties at cological Research in Jefferson Arkan- The introduction of nanotechnology the nanoscale that might contribute to tox- sas. In August, Arkansas Governor to multifunctional therapeutics is at icity; Beebe and FDA Commissioner Ham- an early stage of development. The de- ‘‘(4) promote and participate in collabo- burg signed a memorandum under- livery of nanoscale multifunctional rative efforts to further the understanding of standing creating a Virtual Center of therapeutics could permit very precise measurement and detection methods for Excellence in regulatory science per- site specific targeting of cancer cells. nanomaterials; taining to nanotechnology. Under the ‘‘(5) collect, synthesize, interpret, and dis- More sophisticated ‘‘smart’’ systems seminate scientific information and data re- agreement, the state’s five research for drug delivery still have to be devel- lated to the interactions of nanomaterials universities—the University of Arkan- oped that sense and respond to specific with biological systems; sas, Fayetteville; the University of Ar- chemical agents and are tailored to ‘‘(6) build scientific expertise on nanomate- kansas for Medical Sciences; the Uni- each patient. Multifunctional thera- rials within such Administration, including versity of Arkansas at Little Rock; the peutic devices need to be developed field and laboratory expertise, for moni- University of Arkansas at Pine Bluff, that simultaneously detect, diagnose, toring the production and presence of nano- and Arkansas State University—will treat and monitor response to the ther- materials in domestic and imported products work with the NCTR to establish a regulated under this Act; apy. For example, various nanoma- ‘‘(7) ensure ongoing training, as well as dis- nanotechnology collaborative research terials can be made to link with a drug, semination of new information within the program dealing specifically with tox- a targeting molecule and an imaging centers of such Administration, and more icity. In addition, UAMS will offer a agent to seek out cancers and release broadly across such Administration, to en- Master’s degree and a certification pro- their payload when required. sure timely, informed consideration of the gram in regulatory science. In conclusion, the Nanotechnology most current science; Let me talk for a few minutes about Regulatory Science Act of 2011 will ‘‘(8) encourage such Administration to par- two areas where nanotechnology is al- provide the FDA the authority nec- ticipate in international and national con- sensus standards activities; and ready being applied to health care, the essary to scientifically study the safe- early detection of cancer and multi- ‘‘(9) carry out other activities that the ty and effectiveness of nanotechnol- Secretary determines are necessary and con- functional therapeutics. ogy-based drugs, delivery systems, sistent with the purposes described in para- The early detection of cancer can re- medical devices, orthopedic implants, graphs (1) through (8). sult in significant improvement in cosmetics, and food additives regulated ‘‘(c) PROGRAM ADMINISTRATION.— human health care and reduction in by the agency. This bill is a sound in- ‘‘(1) PROGRAM MANAGER.—In carrying out cost. Nanotechnology offers important vestment on the promise of nanotech- the program under this section, the Sec- new tools for detection where existing nology to improve human health and retary, acting through the Commissioner of and more conventional technologies reduce costs in the 21st century. Food and Drugs, shall designate a program manager who shall supervise the planning, may be reaching their limits. The Mr. President, I ask unanimous con- present obstacle to early detection of management, and coordination of the pro- sent that the text of the bill be printed gram. cancer lies in the inability of existing in the RECORD. ‘‘(2) DUTIES.—The program manager shall— tools to detect these molecular level There being no objection, the text of ‘‘(A) develop a detailed strategic plan for changes directly during early phases in the bill was ordered to be printed in achieving specific short- and long-term tech- the genesis of a cancer. Nanotechnol- the RECORD, as follows: nical goals for the program; ogy can provide smart contrast agents S. 1662 ‘‘(B) coordinate and integrate the strategic plan with activities by the Food and Drug and tools for real time imaging of a Be it enacted by the Senate and House of Rep- single cell and tissues at the nanoscale. Administration and other departments and resentatives of the United States of America in agencies participating in the National Nano- Nanotechnology promises a host of Congress assembled, minimally-invasive diagnostic tech- technology Initiative; and SECTION 1. SHORT TITLE. ‘‘(C) develop intramural Food and Drug Ad- niques and much research is aimed at This Act may be cited as the ‘‘Nanotech- ministration programs, contracts, memo- ultra-sensitive labeling and detection nology Regulatory Science Act of 2011’’. randa of agreement, joint funding agree- technologies. In the in vitro area, SEC. 2. NANOTECHNOLOGY PROGRAM. ments, and other cooperative arrangements nanotechnology can help define can- Chapter X of the Federal Food, Drug, and necessary for meeting the long-term chal- cers by molecular signatures denoting Cosmetic Act (21 U.S.C. 391 et seq.) is amend- lenges and achieving the specific technical processes that reflect fundamental ed by adding at the end the following: goals of the program. changes in cells and tissues that lead ‘‘SEC. 1013. NANOTECHNOLOGY REGULATORY ‘‘(d) REPORTS.—Not later than March 15, to cancer. Already, investigators have SCIENCE PROGRAM. 2014, the Secretary shall submit to Congress developed novel nanoscale in vitro ‘‘(a) IN GENERAL.—Not later than 180 days a report on the program carried out under after the date of enactment of the Nanotech- this section. Such report shall include— techniques that can analyze genomic nology Regulatory Science Act of 2011, the ‘‘(1) a review of the specific short- and variations across different tumor types Secretary, in consultation with the Sec- long-term goals of the program; and distinguish normal from malignant retary of Agriculture, shall establish within ‘‘(2) an assessment of current and proposed cells. the Food and Drug Administration a pro- funding levels for the program, including an

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.022 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6334 CONGRESSIONAL RECORD — SENATE October 6, 2011 assessment of the adequacy of such funding by the U.S. Court of Appeals for the SEC. 3. EFFECTIVE DATE. levels to support program activities; and Armed Forces, or who were denied ex- (a) IN GENERAL.—Subject to subsection (b), ‘‘(3) a review of the coordination of activi- traordinary relief, the opportunity to the amendments made by this Act shall take effect upon the expiration of the 180-day pe- ties under the program with other depart- seek review of those decisions by writ ments and agencies participating in the Na- riod beginning on the date of the enactment tional Nanotechnology Initiative. of certiorari to the U.S. Supreme of this Act and shall apply to any petition ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Court. granted or denied by the United States Court There is authorized to be appropriated to While this legislation would provide of Appeals for the Armed Forces on or after carry out this section, $15,000,000 for fiscal a fairer legal process for servicemem- that effective date. year 2013, $16,000,000 for fiscal year 2014, and bers, it would not unduly burden the (b) AUTHORITY TO PRESCRIBE RULES.—The authority of the Supreme Court to prescribe $17,000,000 for fiscal year 2015. Amounts ap- military or the Supreme Court. As propriated pursuant to this subsection shall rules to carry out section 2101(g) of title 28, noted in the 2010 House Judiciary Com- United States Code, as amended by section remain available until expended.’’. mittee Report on the legislation, the 2(b)(2) of this Act, shall take effect on the expanded Supreme Court review of date of the enactment of this Act. By Mrs. FEINSTEIN: S. 1664. A bill to amend titles 28 and court-martial decisions authorized by the legislation would result in only By Mr. HARKIN: 10, United States Code, to allow for cer- S. 1667. A bill to require certain tiorari review of certain cases denied about 80–120 additional petitions for certiorari each year. Additionally, the standards and enforcement provisions relief or review by the United States to prevent child abuse and neglect in Court of Appeals for the Armed Forces; Congressional Budget Office has esti- mated that the increased workload for residential programs, and for other to the Committee on the Judiciary. purposes; to the Committee on Health, Department of Defense attorneys and Education, Labor, and Pensions. Mrs. FEINSTEIN. Mr. President, Supreme Court clerks would cost less today I am pleased to introduce the Mr. HARKIN. Mr. President, I am de- than $1 million each year. lighted to introduce this bill today. Equal Justice for Our Military Act of Every day, our U.S. service personnel This legislation will play a critical role 2011. The act would eliminate inequi- place their lives on the line in defense in ensuring the safety of our Nation’s ties in current law by allowing court- of American rights. It is unacceptable youth who especially deserve to be safe martialed servicemembers who face for us to continue to routinely deprive and cared for when they are trying to dismissal, discharge or confinement for our men and women in uniform of one get better in a residential treatment a year or more to seek review by the of those rights—the ability to petition United States Supreme Court. facility. This bill is a companion to their Nation’s highest court for direct The Stop Child Abuse in Residential In our civilian courts today, all per- relief. It is a right given to common sons convicted of a crime, if they lose Programs for Teens Act, which was in- criminals in our civilian courts, to the troduced in the House today by Rep- on appeal, have a right to petition the Government, and even to some of the resentative GEORGE MILLER. I com- U.S. Supreme Court for discretionary terrorists who we hope to prosecute as review. Even enemy combatants have mend Representative MILLER for his war criminals. commitment to this important issue. the right to direct appellate review in It is long past time we give them the the Supreme Court. The emotional and mental well-being same rights as the American citizens of our Nation’s youth is of paramount In contrast, however, our men and they fight, and sometimes die, to pro- importance. In recent years, the preva- women in uniform do not share this tect. I urge my colleagues to support lence of child abuse in residential fa- same right. Our military personnel this important legislation to give equal cilities has jeopardized the livelihood have a limited right to appeal to the justice to our U.S. servicemembers. of our nation’s next generation. In 2005, U.S. Supreme Court. They can appeal Mr. President, I ask unanimous con- The Government Accountability Office to the U.S. Supreme Court only if the sent that the text of the bill be printed reported over 1,500 incidences of abuse U.S. Court of Appeals for the Armed in the RECORD. and neglect by facility staff in 34 Forces, CAAF, actually conducts a re- There being no objection, the text of States. These incidences included view of their case or grants a petition the bill was ordered to be printed in shocking cases in which youth were de- for extraordinary relief. In other the RECORD, as follows: nied food and water or held in stress words, if the CAAF refuses to take S. 1664 positions for extended periods of time. their case, or denies their extraor- Be it enacted by the Senate and House of Rep- In 2006, 28 States reported at least one dinary relief petition, the servicemem- resentatives of the United States of America in death in a residential facility. This in- Congress assembled, ber has no right to further review in cludes my State of Iowa and this is the Supreme Court. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Equal Jus- simply unacceptable. These deaths For fiscal years 2008 through 2010, the were a result of accidents or suicides CAAF denied a total of 2230 petitions tice for Our Military Act of 2011’’. SEC. 2. CERTIORARI TO THE UNITED STATES that, in some instances, may have been for review. The CAAF also averages COURT OF APPEALS FOR THE caused by a lack of supervision or ne- about 20 denials of extraordinary relief ARMED FORCES. glect. In 2009, 1,770 children and youth petitions every year. Taken together, (a) IN GENERAL.—Section 1259 of title 28, died from maltreatment, which in this means that there are more than United States Code, is amended (1) in paragraph (3), by inserting ‘‘or de- some cases, may be attributed to the 750 court-martial decisions per year in inexperienced staff members who lack which servicemembers are denied the nied’’ after ‘‘granted’’; and (2) in paragraph (4), by inserting ‘‘or de- the proper training or qualifications to opportunity to seek certiorari from the nied’’ after ‘‘granted’’. serve in their roles. Supreme Court. (b) TECHNICAL AND CONFORMING AMEND- This legislation will make significant In addition to this disparity between MENTS.— strides in improving the quality of care our civilian and military court sys- (1) TITLE 10.—Section 867a(a) of title 10, in residential program facilities. This tems, there is another disparity within United States Code, is amended by striking bill will make improvements in four the military court system itself. The ‘‘The Supreme Court may not review by a key areas that will ensure that our writ of certiorari under this section any ac- government may petition the Supreme children and youth our safe. First, it Court for review of adverse court-mar- tion of the Court of Appeals for the Armed Forces in refusing to grant a petition for re- includes new national standards that tial rulings in any case where the view.’’. will prevent residential facilities from charges are severe enough to make a (2) TIME FOR APPLICATION FOR WRIT OF CER- physically, mentally, or sexually abus- punitive discharge possible. But serv- TIORARI.—Section 2101(g) of title 28, United ing children in their care. Second, this icemembers do not have the same States Code, is amended to read as follows: bill increases transparency on quali- rights to petition the Supreme Court ‘‘(g) The time for application for a writ of fications, roles, and responsibilities of that the military prosecutors on the certiorari to review a decision of the United all current staff members. Third, it in- other side of the aisle have. States Court of Appeals for the Armed Forces, or the decision of a Court of Criminal creases restrictions that will hold resi- The bill I am introducing today is a Appeals that the United States Court of Ap- dential programs accountable for vio- simple one, which would correct these peals for the Armed Forces refuses to grant lating the law. Lastly, this bill allows inequities. It would allow servicemem- a petition to review, shall be as prescribed by states the opportunity to step in to bers whose appeals are denied review rules of the Supreme Court.’’. protect teens in residential programs.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.029 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6335 I want to take a moment to acknowl- mental Disabilities Assistance and Bill of name-based search of the National Sex Of- edge the youth who have lost their Rights Act of 2000 (42 U.S.C. 15043). fender Registry established pursuant to the lives while in the care of a residential (6) STATE.—The term ‘‘State’’ has the Adam Walsh Child Protection and Safety Act treatment facility and their parents meaning given such term in section 3 of the of 2006 (Public Law 109–248; 42 U.S.C. 16901 et Child Abuse Prevention and Treatment Act seq.), a search of the State criminal registry and families. No child should be forced (42 U.S.C. 5101 note). or repository in the State in which the cov- to suffer abuse, neglect, injury, or even SEC. 3. STANDARDS AND ENFORCEMENT. ered program is operating, and a Federal Bu- death while they are trying to better (a) MINIMUM STANDARDS.— reau of Investigation fingerprint check. An themselves in a residential program. (1) IN GENERAL.—Not later than 180 days individual shall be ineligible to serve in a po- I would also like to mention those after the date of the enactment of this Act, sition with any contact with children at a who have worked so hard on my staff. the Assistant Secretary for Children and covered program if any such record check re- I would like to thank Dan Smith and Families of the Department of Health and veals a felony conviction for child abuse or Pam Smith, who do a great job shep- Human Services shall require each covered neglect, spousal abuse, a crime against chil- herding the undertakings of our com- program, in order to provide for the basic dren (including child pornography), or a health and safety of children at such a pro- crime involving violence, including rape, mittee. I would like to thank Bethany sexual assault, or homicide, but not includ- Little, David Johns, Ashley Eden and gram, to meet the following minimum stand- ards: ing other physical assault or battery. Michael Gamel-McCormick of my staff. (A) Child abuse and neglect shall be prohib- (K) Policies and procedures for the provi- This is a critical step forward to mak- ited. sion of emergency medical care, including ing sure that we ensure the safety of (B) Disciplinary techniques or other prac- policies for staff protocols for implementing America’s youth. tices that involve the withholding of essen- emergency responses. Mr. President, I ask unanimous con- tial food, water, clothing, shelter, or medical (L) All promotional and informational ma- sent that the text of the bill be printed care necessary to maintain physical health, terials produced by such a program shall in- clude a hyperlink to or the URL address of in the RECORD. mental health, and general safety, shall be prohibited. the website created by the Assistant Sec- There being no objection, the text of retary pursuant to subsection (c)(1)(A). the bill was ordered to be printed in (C) The protection and promotion of the right of each child at such a program to be (M) Policies to require parents or legal the RECORD, as follows: free from physical, chemical, and mechanical guardians of a child attending such a pro- S. 1667 restraints and seclusion (as such terms are gram— Be it enacted by the Senate and House of Rep- defined in section 595 of the Public Health (i) to notify, in writing, such program of resentatives of the United States of America in Service Act (42 U.S.C. 290jj)) to the same ex- any medication the child is taking; Congress assembled, tent and in the same manner as a non-med- (ii) to be notified within 24 hours of any SECTION 1. SHORT TITLE. ical, community-based facility for children changes to the child’s medical treatment and This Act may be cited as the ‘‘Stop Child and youth is required to protect and promote the reason for such change; and Abuse in Residential Programs for Teens Act the right of its residents to be free from such (iii) to be notified within 24 hours of any of 2011’’. restraints and seclusion under such section missed dosage of prescribed medication. SEC. 2. DEFINITIONS. 595, including the prohibitions and limita- (N) Procedures for notifying immediately, In this Act: tions described in subsection (b)(3) of such to the maximum extent practicable, but not (1) ASSISTANT SECRETARY.—The term ‘‘As- section. later than within 48 hours, parents or legal sistant Secretary’’ means the Assistant Sec- (D) Acts of physical or mental abuse de- guardians with children at such a program of retary for Children and Families of the De- signed to humiliate, degrade, or undermine a any— partment of Health and Human Services. child’s self-respect shall be prohibited. (i) on-site investigation of a report of child (2) CHILD.—The term ‘‘child’’ means an in- (E) Each child at such a program shall abuse and neglect; dividual who has not attained the age of 18. have reasonable access to a telephone, and be (ii) violation of the health and safety (3) CHILD ABUSE AND NEGLECT.—The term informed of their right to such access, for standards described in this paragraph; and ‘‘child abuse and neglect’’ has the meaning making and receiving phone calls with as (iii) violation of State licensing standards given such term in section 3 of the Child much privacy as possible, and shall have ac- developed pursuant to section 114(b)(1) of the Abuse Prevention and Treatment Act (42 cess to the appropriate State or local child Child Abuse Prevention and Treatment Act, U.S.C. 5101 note). abuse reporting hotline number, and the na- as added by section 7 of this Act. (4) COVERED PROGRAM.— tional hotline number referred to in sub- (O) Other standards the Assistant Sec- (A) IN GENERAL.—The term ‘‘covered pro- section (c)(2). retary determines appropriate to provide for gram’’ means each location of a program op- (F) Each staff member, including volun- the basic health and safety of children at erated by a public or private entity that, teers, at such a program shall be required, as such a program. with respect to one or more children who are a condition of employment, to become famil- (2) REGULATIONS.— unrelated to the owner or operator of the iar with what constitutes child abuse and ne- (A) INTERIM REGULATIONS.—Not later than program— glect, as defined by State law. 180 days after the date of the enactment of (i) provides a residential environment, (G) Each staff member, including volun- this Act, the Assistant Secretary shall pro- such as— teers, at such a program shall be required, as mulgate and enforce interim regulations to (I) a program with a wilderness or outdoor a condition of employment, to become famil- carry out paragraph (1). experience, expedition, or intervention; iar with the requirements, including with (B) PUBLIC COMMENT.—The Assistant Sec- (II) a boot camp experience or other experi- State law relating to mandated reporters, retary shall, for a 90-day period beginning on ence designed to simulate characteristics of and procedures for reporting child abuse and the date of the promulgation of interim reg- basic military training or correctional re- neglect in the State in which such a program ulations under subparagraph (A) of this para- gimes; is located. graph, solicit and accept public comment (III) a therapeutic boarding school; or (H) Full disclosure, in writing, of staff concerning such regulations. Such public (IV) a behavioral modification program; qualifications and their roles and respon- comment shall be submitted in written form. and sibilities at such program, including med- (C) FINAL REGULATIONS.—Not later than 90 (ii) operates with a focus on serving chil- ical, emergency response, and mental health days after the conclusion of the 90-day period dren with— training, to parents or legal guardians of referred to in subparagraph (B) of this para- (I) emotional, behavioral, or mental health children at such a program, including pro- graph, the Assistant Secretary shall promul- problems or disorders; or viding information on any staff changes, in- gate and enforce final regulations to carry (II) problems with alcohol or substance cluding changes to any staff member’s quali- out paragraph (1). abuse. fications, roles, or responsibilities, not later (b) MONITORING AND ENFORCEMENT.— (B) EXCLUSION.—The term ‘‘covered pro- than 10 days after such changes occur. (1) ON-GOING REVIEW PROCESS.—Not later gram’’ does not include— (I) Each staff member at a covered pro- than 180 days after the date of the enactment (i) a hospital licensed by the State; or gram described in subclause (I) or (II) of sec- of this Act, the Assistant Secretary shall im- (ii) a foster family home that provides 24- tion 2(4)(A)(i) shall be required, as a condi- plement an on-going review process for in- hour substitute care for children placed tion of employment, to be familiar with the vestigating and evaluating reports of child away from their parents or guardians and for signs, symptoms, and appropriate responses abuse and neglect at covered programs re- whom the State child welfare services agen- associated with heatstroke, dehydration, and ceived by the Assistant Secretary from the cy has placement and care responsibility and hypothermia. appropriate State, in accordance with sec- that is licensed and regulated by the State (J) Each staff member, including volun- tion 114(b)(3) of the Child Abuse Prevention as a foster family home. teers with unsupervised contact with chil- and Treatment Act, as added by section 7 of (5) PROTECTION AND ADVOCACY SYSTEM.— dren and youth, or more than 30 hours of su- this Act. Such review process shall— The term ‘‘protection and advocacy system’’ pervised contact time per year, shall be re- (A) include an investigation to determine means a protection and advocacy system es- quired, as a condition of employment, to sub- if a violation of the standards required under tablished under section 143 of the Develop- mit to a criminal history check, including a subsection (a)(1) has occurred;

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.040 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6336 CONGRESSIONAL RECORD — SENATE October 6, 2011 (B) include an assessment of the State’s at covered programs and violations of the 5101 et seq.) is amended by adding at the end performance with respect to appropriateness standards required under subsection (a)(1). the following new section: of response to and investigation of reports of (d) ACTION.—The Assistant Secretary shall child abuse and neglect at covered programs establish a process to— ‘‘SEC. 114. ADDITIONAL ELIGIBILITY REQUIRE- and appropriateness of legal action against (1) ensure complaints of child abuse and MENTS FOR GRANTS TO STATES TO PREVENT CHILD ABUSE AND NE- neglect received by the hotline established responsible parties in such cases; GLECT AT RESIDENTIAL PROGRAMS. (C) be completed not later than 60 days pursuant to subsection (c)(2) are promptly after receipt by the Assistant Secretary of reviewed by persons with expertise in evalu- ‘‘(a) DEFINITIONS.—In this section: such a report; ating such types of complaints; ‘‘(1) CHILD.—The term ‘child’ means an in- (D) not interfere with an investigation by (2) immediately notify the State, appro- dividual who has not attained the age of 18. the State or a subdivision thereof; and priate local law enforcement, and the appro- ‘‘(2) COVERED PROGRAM.— (E) be implemented in each State in which priate protection and advocacy system of ‘‘(A) IN GENERAL.—The term ‘covered pro- a covered program operates until such time any credible complaint of child abuse and ne- gram’ means each location of a program op- as each such State has satisfied the require- glect at a covered program received by the erated by a public or private entity that, ments under section 114(c) of the Child Abuse hotline; with respect to one or more children who are Prevention and Treatment Act, as added by (3) investigate any such credible complaint unrelated to the owner or operator of the section 7 of this Act, as determined by the not later than 30 days after receiving such program— Assistant Secretary, or two years has complaint to determine if a violation of the ‘‘(i) provides a residential environment, elapsed from the date that such review proc- standards required under subsection (a)(1) such as— ess is implemented, whichever is later. has occurred; and ‘‘(I) a program with a wilderness or out- (2) CIVIL PENALTIES.—Not later than 180 (4) ensure the collaboration and coopera- door experience, expedition, or intervention; days after the date of the enactment of this tion of the hotline established pursuant to ‘‘(II) a boot camp experience or other expe- Act, the Assistant Secretary shall promul- subsection (c)(2) with other appropriate Na- rience designed to simulate characteristics gate regulations establishing civil penalties tional, State, and regional hotlines, and, as of basic military training or correctional re- for violations of the standards required appropriate and practicable, with other hot- gimes; under subsection (a)(1). The regulations es- lines that might receive calls about child ‘‘(III) a therapeutic boarding school; or tablishing such penalties shall incorporate abuse and neglect at covered programs. ‘‘(IV) a behavioral modification program; the following: SEC. 4. ENFORCEMENT BY THE ATTORNEY GEN- and (A) Any owner or operator of a covered ERAL. ‘‘(ii) operates with a focus on serving chil- program at which the Assistant Secretary If the Assistant Secretary determines that dren with— has found a violation of the standards re- a violation of subsection (a)(1) of section 3 ‘‘(I) emotional, behavioral, or mental quired under subsection (a)(1) may be as- has not been remedied through the enforce- health problems or disorders; or sessed a civil penalty not to exceed $50,000 ment process described in subsection (b)(2) of ‘‘(II) problems with alcohol or substance per violation. such section, the Assistant Secretary shall abuse. (B) All penalties collected under this sub- refer such violation to the Attorney General ‘‘(B) EXCLUSION.—The term ‘covered pro- section shall be deposited in the appropriate for appropriate action. Regardless of whether gram’ does not include— account of the Treasury of the United such a referral has been made, the Attorney ‘‘(i) a hospital licensed by the State; or States. General may, sua sponte, file a complaint in any court of competent jurisdiction seeking ‘‘(ii) a foster family home that provides 24- (c) DISSEMINATION OF INFORMATION.—The hour substitute care for children place away Assistant Secretary shall establish, main- equitable relief or any other relief author- ized by this Act for such violation. from their parents or guardians and for tain, and disseminate information about the whom the State child welfare services agen- following: SEC. 5. REPORT. cy has placement and care responsibility and (1) Websites made available to the public Not later than one year after the date of that is licensed and regulated by the State that contain, at a minimum, the following: the enactment of this Act and annually as a foster family home. (A) The name and each location of each thereafter, the Secretary of Health and ‘‘(3) PROTECTION AND ADVOCACY SYSTEM.— covered program, and the name of each Human Services, in coordination with the The term ‘protection and advocacy system’ owner and operator of each such program, Attorney General shall submit to the Com- operating in each State, and information re- mittee on Education and Labor of the House means a protection and advocacy system es- garding— of Representatives and the Committee on tablished under section 143 of the Develop- (i) each such program’s history of viola- Health, Education, Labor, and Pensions of mental Disabilities Assistance and Bill of tions of— the Senate, a report on the activities carried Rights Act of 2000 (42 U.S.C. 15043). (I) regulations promulgated pursuant to out by the Assistant Secretary and the At- ‘‘(b) ELIGIBILITY REQUIREMENTS.—To be eli- subsection (a); and torney General under this Act, including— gible to receive a grant under section 106, a (II) section 114(b)(1) of the Child Abuse Pre- (1) a summary of findings from on-going re- State shall— vention and Treatment Act, as added by sec- views conducted by the Assistant Secretary ‘‘(1) not later than three years after the tion 7 of this Act; pursuant to section 3(b)(1), including a de- date of the enactment of this section, de- (ii) each such program’s current status scription of the number and types of covered velop policies and procedures to prevent with the State licensing requirements under programs investigated by the Assistant Sec- child abuse and neglect at covered programs section 114(b)(1) of the Child Abuse Preven- retary pursuant to such section; operating in such State, including having in tion and Treatment Act, as added by section (2) a description of types of violations of effect health and safety licensing require- health and safety standards found by the As- 7 of this Act; ments applicable to and necessary for the op- (iii) any deaths that occurred to a child sistant Secretary and any penalties assessed; eration of each location of such covered pro- while under the care of such a program, in- (3) a summary of State progress in meeting grams that include, at a minimum— cluding any such deaths that occurred in the the requirements of this Act, including the ‘‘(A) standards that meet or exceed the five-year period immediately preceding the requirements under section 114 of the Child standards required under section 3(a)(1) of date of the enactment of this Act, and in- Abuse Prevention and Treatment Act, as the Stop Child Abuse in Residential Pro- cluding the cause of each such death; added by section 7 of this Act; (iv) owners or operators of a covered pro- (4) a summary of the Secretary’s oversight grams for Teens Act of 2011; gram that was found to be in violation of the activities and findings conducted pursuant ‘‘(B) the provision of essential food, water, standards required under subsection (a)(1), or to subsection (d) of such section 114; and clothing, shelter, and medical care necessary a violation of the licensing standards devel- (5) a description of the activities under- to maintain physical health, mental health, oped pursuant to section 114(b)(1) of the taken by the national toll-free telephone and general safety of children at such pro- Child Abuse Prevention and Treatment Act, hotline established pursuant to section grams; as added by section 7 of this Act, and who 3(c)(2). ‘‘(C) policies for emergency medical care subsequently own or operate another covered SEC. 6. AUTHORIZATION OF APPROPRIATIONS. preparedness and response, including min- program; and There is authorized to be appropriated to imum staff training and qualifications for (v) any penalties levied under subsection the Secretary of Health and Human Services such responses; and (b)(2) and any other penalties levied by the $15,000,000 for each of fiscal years 2012 ‘‘(D) notification to appropriate staff at State, against each such program. through 2016 to carry out this Act (excluding covered programs if their position of employ- (B) Information on best practices for help- the amendment made by section 7 of this Act ment meets the definition of mandated re- ing adolescents with mental health dis- and section 8 of this Act). porter, as defined by the State; orders, conditions, behavioral challenges, or SEC. 7. ADDITIONAL ELIGIBILITY REQUIRE- ‘‘(2) develop policies and procedures to alcohol or substance abuse, including infor- MENTS FOR GRANTS TO STATES TO monitor and enforce compliance with the li- mation to help families access effective re- PREVENT CHILD ABUSE AND NE- censing requirements developed in accord- sources in their communities. GLECT AT RESIDENTIAL PROGRAMS. ance with paragraph (1), including— (2) A national toll-free telephone hotline to (a) IN GENERAL.—Title I of the Child Abuse ‘‘(A) designating an agency to be respon- receive complaints of child abuse and neglect Prevention and Treatment Act (42 U.S.C. sible, in collaboration and consultation with

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.036 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6337 State agencies providing human services (in- ‘‘(A) the name and each location of all cov- or other local entity where necessary, if the cluding child protective services, and serv- ered programs, including the names of the report indicates— ices to children with emotional, psycho- owners and operators of such programs, oper- ‘‘(i) a child fatality at such program; or logical, developmental, or behavioral dys- ating in the State, and any violations of ‘‘(ii) there is evidence of a pattern of viola- functions, impairments, disorders, or alcohol State licensing requirements developed pur- tions of the standards required under sub- or substance abuse), State law enforcement suant to subsection (b)(1); and section (b)(1) at such program or by an owner officials, the appropriate protection and ad- ‘‘(B) a description of State activities to or operator of such program; vocacy system, and courts of competent ju- monitor and enforce such State licensing re- ‘‘(B) an annual review by the Secretary of risdiction, for monitoring and enforcing such quirements, including the names of owners cases of reports of child abuse and neglect in- compliance; and operators of each covered program that vestigated at covered programs operating in ‘‘(B) establishing a State licensing applica- underwent a site inspection by the State, the State to assess the State’s performance tion process through which any individual and a summary of the results and any ac- with respect to the appropriateness of re- seeking to operate a covered program would tions taken; and sponse to and investigation of reports of be required to disclose all previous substan- ‘‘(7) if the Secretary determines that the child abuse and neglect at covered programs tiated reports of child abuse and neglect and State is satisfying the requirements of this and the appropriateness of legal actions all child deaths at any businesses previously subsection, in accordance with a determina- taken against responsible parties in such or currently owned or operated by such indi- tion made pursuant to subsection (c), de- cases; and vidual, except that substantiated reports of velop policies and procedures to report to the ‘‘(C) unannounced site inspections of cov- child abuse and neglect may remain con- appropriate protection and advocacy system ered programs operating in the State to fidential and all reports shall not contain any case of the death of an individual under monitor compliance with the standards re- any personally identifiable information re- the control or supervision of a covered pro- quired under section 3(a) of the Stop Child lating to the identity of individuals who gram not later than 48 hours after the State Abuse in Residential Programs for Teens Act were the victims of such child abuse and ne- is informed of such death. of 2011. ‘‘(c) SECRETARIAL DETERMINATION.—The glect; ‘‘(3) ENFORCEMENT.—If the Secretary deter- ‘‘(C) conducting unannounced site inspec- Secretary shall not determine that a State’s mines, pursuant to an evaluation under this tions not less often than once every two licensing requirements, monitoring, and en- subsection, that a State is not adequately forcement of covered programs operating in years at each location of a covered program; implementing, monitoring, and enforcing the the State satisfy the requirements of sub- ‘‘(D) creating a non-public database, to be licensing requirements of subsection (b)(1), section (b) unless— integrated with the annual State data re- the Secretary shall require, for a period of ‘‘(1) the State implements licensing re- ports required under section 106(d), of reports not less than one year, that— quirements for such covered programs that of child abuse and neglect at covered pro- ‘‘(A) the State shall inform the Secretary meet or exceed the standards required under grams operating in the State, except that of each instance there is a report to be inves- such reports shall not contain any person- subsection (b)(1); ‘‘(2) the State designates an agency to be tigated of child abuse and neglect at a cov- ally identifiable information relating to the ered program operating in the State; and identity of individuals who were the victims responsible for monitoring and enforcing compliance with such licensing require- ‘‘(B) the Secretary and the appropriate of such child abuse and neglect; and local agency shall jointly investigate such ‘‘(E) implementing a policy of graduated ments; report.’’. sanctions, including fines and suspension and ‘‘(3) the State conducts unannounced site revocation of licences, against covered pro- inspections of each location of such covered (b) AUTHORIZATION OF APPROPRIATIONS.— grams operating in the State that are out of programs not less often than once every two Section 112(a)(1) of the Child Abuse Preven- compliance with such health and safety li- years; tion and Treatment Act (42 U.S.C. censing requirements; ‘‘(4) the State creates a non-public data- 5106h(a)(1)) is amended by striking ‘‘(3) if the State is not yet satisfying the base of such covered programs, to include in- ‘‘$120,000,000’’ and all that follows through requirements of this subsection, in accord- formation on reports of child abuse and ne- the period and inserting ‘‘$235,000,000 for each ance with a determination made pursuant to glect at such programs (except that such re- of fiscal years 2012 through 2016.’’. subsection (c), develop policies and proce- ports shall not contain any personally iden- (c) CONFORMING AMENDMENTS.— dures for notifying the Secretary and the ap- tifiable information relating to the identity (1) COORDINATION WITH AVAILABLE RE- propriate protection and advocacy system of of individuals who were the victims of such SOURCES.—Section 103(c)(1)(D) of the Child any report of child abuse and neglect at a child abuse and neglect); Abuse Prevention and Treatment Act (42 covered program operating in the State not ‘‘(5) the State implements a policy of grad- U.S.C. 5104(c)(1)(D)) is amended by inserting later than 30 days after the appropriate uated sanctions, including fines and suspen- after ‘‘specific’’ the following: ‘‘(including State entity, or subdivision thereof, deter- sion and revocation of licenses against such reports of child abuse and neglect occurring mines such report should be investigated and covered programs that are out of compliance at covered programs (except that such re- not later than 48 hours in the event of a fa- with the health and safety licensing require- ports shall not contain any personally iden- tality; ments under subsection (b)(1); and tifiable information relating to the identity ‘‘(4) if the Secretary determines that the ‘‘(6) after a review of assessments con- of individuals who were the victims of such State is satisfying the requirements of this ducted under section 3(b)(1)(B) of the Stop child abuse and neglect), as such term is de- subsection, in accordance with a determina- Child Abuse in Residential Programs for fined in section 114)’’. tion made pursuant to subsection (c), de- Teens Act of 2011, the Secretary determines (2) FURTHER REQUIREMENT.—Section velop policies and procedures for notifying the State is appropriately investigating and 106(b)(1) of the Child Abuse Prevention and the Secretary if— responding to allegations of child abuse and Treatment Act (42 U.S.C. 5106a(b)(1)) is ‘‘(A) the State determines there is evidence neglect at such covered programs. amended by adding at the end the following of a pattern of violations of the standards re- ‘‘(d) OVERSIGHT.— new subparagraph: quired under paragraph (1) at a covered pro- ‘‘(1) IN GENERAL.—Beginning two years ‘‘(D) FURTHER REQUIREMENT.—To be eligi- gram operating in the State or by an owner after the date of the enactment of the Stop ble to receive a grant under this section, a or operator of such a program; or Child Abuse in Residential Programs for State shall comply with the requirements ‘‘(B) there is a child fatality at a covered Teens Act of 2011, the Secretary shall imple- under section 114(b) and shall include in the program operating in the State; ment a process for continued monitoring of State plan submitted pursuant to subpara- ‘‘(5) develop policies and procedures for es- each State that is determined to be satis- graph (A) a description of the activities the tablishing and maintaining a publicly avail- fying the licensing, monitoring, and enforce- State will carry out to comply with the re- able database of all covered programs oper- ment requirements of subsection (b), in ac- quirements under such section 114(b).’’. ating in the State, including the name and cordance with a determination made pursu- (3) ANNUAL STATE DATA REPORTS.—Section each location of each such program and the ant to subsection (c), with respect to the per- 106(d) of the Child Abuse Prevention and name of the owner and operator of each such formance of each such State regarding— Treatment Act (42 U.S.C. 5106a(d)) is amend- program, information on reports of substan- ‘‘(A) preventing child abuse and neglect at ed— tiated child abuse and neglect at such pro- covered programs operating in each such (A) in paragraph (1), by inserting before grams (except that such reports shall not State; and the period at the end the following: ‘‘(includ- contain any personally identifiable informa- ‘‘(B) enforcing the licensing standards de- ing reports of child abuse and neglect occur- tion relating to the identity of individuals scribed in subsection (b)(1). ring at covered programs (except that such who were the victims of such child abuse and ‘‘(2) EVALUATIONS.—The process required reports shall not contain any personally neglect and that such database shall include under paragraph (1) shall include in each identifiable information relating to the iden- and provide the definition of ‘substantiated’ State, at a minimum— tity of individuals who were the victims of used in compiling the data in cases that have ‘‘(A) an investigation not later than 60 such child abuse and neglect), as such term not been finally adjudicated), violations of days after receipt by the Secretary of a re- is defined in section 114)’’; and standards required under paragraph (1), and port from a State, or a subdivision thereof, (B) in paragraph (6), by inserting before the all penalties levied against such programs; of child abuse and neglect at a covered pro- period at the end the following: ‘‘or who were ‘‘(6) annually submit to the Secretary a re- gram operating in the State, and submission in the care of a covered program, as such port that includes— of findings to appropriate law enforcement term is defined in section 114’’.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.036 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6338 CONGRESSIONAL RECORD — SENATE October 6, 2011 (d) CLERICAL AMENDMENT.—Section 1(b) of Amendments of 1996 established the There being no objection, the text of the Child Abuse Prevention and Treatment Drinking Water State Revolving Fund. the bill was ordered to be printed in Act (42 U.S.C. 5101 note) is amended by in- The fund helps public water systems fi- the RECORD, as follows: serting after the item relating to section 113 nance infrastructure projects needed to S. 1669 the following new item: comply with Federal safe drinking ‘‘Sec. 114. Additional eligibility require- Be it enacted by the Senate and House of Rep- water regulations. resentatives of the United States of America in ments for grants to States to But we need to do more. EPA Admin- prevent child abuse and neglect Congress assembled, at residential programs.’’. istrator Lisa Jackson told Congress SECTION 1. SHORT TITLE. SEC. 8. STUDY AND REPORT ON OUTCOMES IN that adapting to changing hydrological This Act may be cited as the ‘‘Water Infra- COVERED PROGRAMS. conditions is a ‘‘significant issue’’ that structure Resiliency and Sustainability Act (a) STUDY.—The Secretary of Health and water and waste water systems must of 2011’’. Human Services shall conduct a study, in address soon. These hydrological SEC. 2. DEFINITIONS. consultation with relevant agencies and ex- changes will likely result in ‘‘too little In this Act: perts, to examine the outcomes for children water in some places, too much water (1) ADMINISTRATOR.—The term ‘‘Adminis- in both private and public covered programs in other places, and degraded water trator’’ means the Administrator of the En- under this Act encompassing a broad rep- quality’’ in other areas across the vironmental Protection Agency. resentation of treatment facilities and geo- (2) HYDROLOGIC CONDITION.—The term ‘‘hy- graphic regions. country. drologic condition’’ means the quality, quan- (b) REPORT.—The Secretary of Health and According to a recent study by the tity, or reliability of the water resources of Human Services shall submit to the Com- National Association of Clean Water a region of the United States. mittee on Health, Education, Labor, and Agencies and the Association of Metro- (3) OWNER OR OPERATOR OF A WATER SYS- Pensions of the Senate and the Committee politan Water Agencies, the costs in TEM.— on Education and the Workforce of the dealing with this new recognized prob- (A) IN GENERAL.—The term ‘‘owner or oper- House of Representatives a report that con- lem could approach $1 trillion through ator of a water system’’ means an entity (in- tains the results of the study conducted 2050. cluding a regional, State, tribal, local, mu- under subsection (a). The Water Infrastructure Resiliency nicipal, or private entity) that owns or oper- and Sustainability Act aims to help ates a water system. By Mr. CARDIN (for himself, Mrs. (B) INCLUSIONS.—The term ‘‘owner or oper- local communities meet the challenges BOXER, and Mr. REID): ator of a water system’’ includes— S. 1669. A bill to authorize the Ad- of upgrading water infrastructure sys- (i) a non-Federal entity that has oper- ministrator of the Environmental Pro- tems to meet these hydrological ational responsibilities for a federally-, trib- tection Agency to establish a program changes. The bill directs the EPA to es- ally-, or State-owned water system; and of awarding grants to owners or opera- tablish a Water Infrastructure Resil- (ii) an entity established by an agreement between— tors of water systems to increase the iency and Sustainability, WIRS, pro- gram. Grants will be awarded to eligi- (I) an entity that owns or operates a water resiliency or adaptability of the sys- ble water systems to make the nec- system; and tems to any ongoing or forecasted essary upgrades. Communities across (II) at least 1 other entity. changes to the hydrologic conditions of (4) WATER SYSTEM.—The term ‘‘water sys- the country will be able to compete for a region of the United States; to the tem’’ means— federal matching funds, funds which in Committee on Environment and Public (A) a community water system (as defined turn will help finance projects to help Works. in section 1401 of the Safe Drinking Water communities overcome these threats. Mr. CARDIN. Mr. President, today I Act (42 U.S.C. 300f)); Improving water conservation, ad- am proud to introduce the Water Infra- (B) a treatment works (as defined in sec- justments to current infrastructure tion 212 of the Federal Water Pollution Con- structure Resiliency and Sustain- systems, and funding programs to sta- trol Act (33 U.S.C. 1292)), including a munic- ability Act of 2011 along with my col- bilize communities’ existing water sup- ipal separate storm sewer system (as such leagues, Majority Leader REID and Sen- ply are all projects WIRS grants will term is used in that Act (33 U.S.C. 1251 et ator BOXER. This legislation will allow fund. WIRS will never grant more than seq.)); (C) a decentralized wastewater treatment local communities to improve their 50 percent of any project’s cost, ensur- water infrastructure in the face of system for domestic sewage; ing cooperation between local commu- (D) a groundwater storage and replenish- changing hydrological conditions. nities and the federal government. The Improving our water infrastructure ment system; EPA will try to award funds that use (E) a system for transport and delivery of is a major challenge to my constitu- new and innovative ideas as often as water for irrigation or conservation; or ents living in Maryland and to all possible. (F) a natural or engineered system that Americans. It is no secret that Amer- A healthy water infrastructure is as manages floodwater. ica’s current water infrastructure sys- important to America’s economy as SEC. 3. WATER INFRASTRUCTURE RESILIENCY tems are in poor condition. Our water paved roads and sturdy bridges. Water AND SUSTAINABILITY. and wastewater systems have been and wastewater investment has been (a) PROGRAM.—The Administrator shall es- given a D-, the lowest possible grade. tablish and implement a program, to be shown to spur economic growth. The known as the ‘‘Water Infrastructure Resil- In the United States, close to 250,000 U.S. Conference of Mayors has found water mains wasting 1.7 trillion gallons iency and Sustainability Program’’, under that for every dollar invested in water which the Administrator shall award grants of water break each year. infrastructure, the Gross Domestic for each of fiscal years 2012 through 2016 to Unfortunately, Marylanders have ex- Product is increased to more than $6. owners or operators of water systems for the perienced this crisis first hand. In July The Department of Commerce has purpose of increasing the resiliency or adapt- of this year, a water main break in found that that same dollar yields ability of the water systems to any ongoing Cumberland, Maryland, caused close to close to $3 worth of economic output in or forecasted changes (based on the best $300,000 in damage to a local, family- other industries. Every job created in available research and data) to the hydro- logic conditions of a region of the United owned business. Last January, a Prince local water and sewer industries cre- George’s County water main break States. ates close to four jobs elsewhere in the (b) USE OF FUNDS.—As a condition on re- shut down a portion of the Capital national economy. ceipt of a grant under this Act, an owner or Beltway, closed local businesses and This legislation would create jobs operator of a water system shall agree to use schools, and required 400,000 residents throughout the economy today, while the grant funds exclusively to assist in the to boil their drinking water to ensure helping water and wastewater systems planning, design, construction, implementa- its safety. make improvements to keep water tion, operation, or maintenance of a program The EPA has estimated that tradi- clean and safe for tomorrow. I believe or project that meets the purpose described tional necessary repairs and replace- that by investing in water infrastruc- in subsection (a) by— ment costs over the next twenty years ture, we can make progress for the (1) conserving water or enhancing water use efficiency, including through the use of will cost over $600 billion. American people on both jobs and water metering and electronic sensing and We, as a Congress, have stepped up in clean, safe water. control systems to measure the effectiveness the past to assist communities in fix- Mr. President, I ask unanimous con- of a water efficiency program; ing aging water infrastructure sys- sent that the text of the bill be printed (2) modifying or relocating existing water tems. The Safe Water Drinking Act in the RECORD. system infrastructure made or projected to

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.036 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6339 be significantly impaired by changing hydro- (2) provides the best available research or (B) not include any other amount that the logic conditions; data that demonstrate— water system involved receives from the (3) preserving or improving water quality, (A) the risk to the water resources or in- Federal Government. including through measures to manage, re- frastructure of the water system as a result (f) REPORT TO CONGRESS.—Not later than 3 duce, treat, or reuse municipal stormwater, of ongoing or forecasted changes to the years after the date of enactment of this wastewater, or drinking water; hydrological system of a region, including Act, and every 3 years thereafter, the Ad- (4) investigating, designing, or con- rising sea levels and changes in precipitation ministrator shall submit to Congress a re- structing groundwater remediation, recycled patterns; and port that— water, or desalination facilities or systems (B) the manner in which the proposed pro- (1) describes the progress in implementing to serve existing communities; gram, strategy, or infrastructure improve- this Act; and (5) enhancing water management by in- ment would perform under the anticipated (2) includes information on project applica- creasing watershed preservation and protec- hydrologic conditions; tions received and funded annually under tion, such as through the use of natural or (3) describes the manner in which the pro- this Act. engineered green infrastructure in the man- posed program, strategy, or infrastructure SEC. 4. AUTHORIZATION OF APPROPRIATIONS. agement, conveyance, or treatment of water, improvement is expected— (a) IN GENERAL.—There is authorized to be wastewater, or stormwater; (A) to enhance the resiliency of the water appropriated to carry out this Act $50,000,000 (6) enhancing energy efficiency or the use system, including source water protection for each of fiscal years 2012 through 2016. and generation of renewable energy in the for community water systems, to the antici- (b) REDUCTION OF FLOOD DAMAGE, RISK, AND management, conveyance, or treatment of pated hydrologic conditions; or VULNERABILITY.—Of the amount made avail- water, wastewater, or stormwater; (B) to increase efficiency in the use of en- able to carry out this Act for a fiscal year, (7) supporting the adoption and use of ad- ergy or water of the water system; and not more than 20 percent may be made avail- vanced water treatment, water supply man- (4) describes the manner in which the pro- able to grantees for activities described in agement (such as reservoir reoperation and posed program, strategy, or infrastructure subsection (b)(10). water banking), or water demand manage- improvement is consistent with an applica- ment technologies, projects, or processes ble State, tribal, or local climate adaptation By Mr. CARDIN (for himself, Mr. (such as water reuse and recycling, adaptive plan, if any. BLUMENTHAL, Mr. DURBIN, Mrs. conservation pricing, and groundwater bank- (d) PRIORITY.— GILLIBRAND, Mr. KERRY, Mr. (1) WATER SYSTEMS AT GREATEST AND MOST ing) that maintain or increase water supply LAUTENBERG, Mr. LEVIN, Mr. or improve water quality; IMMEDIATE RISK.—In selecting grantees under MENENDEZ, Ms. MIKULSKI, and (8) modifying or replacing existing systems this Act, subject to section 4(b), the Admin- or constructing new systems for existing istrator shall give priority to owners or oper- Ms. STABENOW): communities or land that is being used for ators of water systems that are, based on the S. 1670. A bill to eliminate racial agricultural production to improve water best available research and data, at the profiling by law enforcement, and for supply, reliability, storage, or conveyance in greatest and most immediate risk of facing other purposes; to the Committee on a manner that— significant negative impacts due to changing the Judiciary. (A) promotes conservation or improves the hydrologic conditions. Mr. CARDIN. Mr. President, today I efficiency of use of available water supplies; (2) GOALS.—In selecting among applicants am introducing legislation in the Sen- and described in paragraph (1), the Administrator ate that would prohibit the use of ra- (B) does not further exacerbate stresses on shall ensure that, to the maximum extent ecosystems or cause redirected impacts by practicable, the final list of applications cial profiling by Federal, State, or degrading water quality or increasing net funded for each year includes a substantial local law enforcement agencies. The greenhouse gas emissions; number that propose to use innovative ap- End Racial Profiling Act, ERPA, had (9) supporting practices and projects, such proaches to meet 1 or more of the following been introduced in previous Congresses as improved irrigation systems, water bank- goals: by former Senator Russ Feingold of ing and other forms of water transactions, (A) Promoting more efficient water use, Wisconsin and I am proud to follow his groundwater recharge, stormwater capture, water conservation, water reuse, or recy- example. I want to thank Senators groundwater conjunctive use, and reuse or cling. BLUMENTHAL, DURBIN, GILLIBRAND, recycling of drainage water, to improve (B) Using decentralized, low-impact devel- water quality or promote more efficient opment technologies and nonstructural ap- KERRY, LAUTENBERG, LEVIN, MENENDEZ, water use on land that is being used for agri- proaches, including practices that use, en- MIKULSKI, and STABENOW for joining cultural production; hance, or mimic the natural hydrological me as original co-sponsors of this legis- (10) reducing flood damage, risk, and vul- cycle or protect natural flows. lation. nerability by— (C) Reducing stormwater runoff or flooding Racial profiling is ineffective. The (A) restoring floodplains, wetland, and up- by protecting or enhancing natural eco- more resources that are spent inves- land integral to flood management, protec- system functions. tigating individuals solely because of tion, prevention, and response; (D) Modifying, upgrading, enhancing, or re- their race or religion, the fewer re- (B) modifying levees, floodwalls, and other placing existing water system infrastructure structures through setbacks, notches, gates, in response to changing hydrologic condi- sources are being directed at suspects removal, or similar means to facilitate re- tions. actually demonstrating illegal behav- connection of rivers to floodplains, reduce (E) Improving water quality or quantity ior. Former DHS Secretary Michael flood stage height, and reduce damage to for agricultural and municipal uses, includ- Chertoff stated in response to ques- properties and populations; ing through salinity reduction. tions about the December 2001 bomb at- (C) providing for acquisition and easement (F) Providing multiple benefits, including tempt by Richard Reid that ‘‘the prob- of flood-prone land and properties in order to to water supply enhancement or demand re- lem is that the profile many people reduce damage to property and risk to popu- duction, water quality protection or im- think they have of what a terrorist is lations; or provement, increased flood protection, and (D) promoting land use planning that pre- ecosystem protection or improvement. doesn’t fit the reality . . . and in fact, vents future floodplain development; (e) COST-SHARING REQUIREMENT.— one of the things the enemy does is to (11) conducting and completing studies or (1) FEDERAL SHARE.—The share of the cost deliberately recruit people who are assessments to project how changing hydro- of any program, strategy, or infrastructure Western in background or in appear- logic conditions may impact the future oper- improvement that is the subject of a grant ance, so that they can slip by people ations and sustainability of water systems; awarded by the Administrator to the owner who might be stereotyping.’’ or or operator of a water system under sub- Racial profiling diverts scarce re- (12) developing and implementing measures section (a) paid through funds distributed sources from real law enforcement. In under this Act shall not exceed 50 percent of to increase the resilience of water systems my own state of Maryland, in the and regional and hydrological basins, includ- the cost of the program, strategy, or infra- ing the Colorado River Basin, to rapid hydro- structure improvement. 1990’s, the ACLU brought a class-action logic change or a natural disaster (such as (2) CALCULATION OF NON-FEDERAL SHARE.— lawsuit against the Maryland State Po- tsunami, earthquake, flood, or volcanic erup- In calculating the non-Federal share of the lice for illegally targeting African- tion). cost of a program, strategy, or infrastruc- American motorists for stops and (c) APPLICATION.—To seek a grant under ture improvement proposed by a water sys- searches along Maryland’s highways. this Act, the owner or operator of a water tem in an application submitted under sub- The parties ultimately entered into a system shall submit to the Administrator an section (c), the Administrator shall— federal court consent decree in 2003 in application that— (A) include the value of any in-kind serv- (1) includes a proposal for the program, ices that are integral to the completion of which they made a joint statement strategy, or infrastructure improvement to the program, strategy, or infrastructure im- that emphasized in part ‘‘the need to be planned, designed, constructed, imple- provement, including reasonable administra- treat motorists of all races with re- mented, or maintained by the water system; tive and overhead costs; and spect, dignity, and fairness under the

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.038 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6340 CONGRESSIONAL RECORD — SENATE October 6, 2011 law is fundamental to good police work law and its prohibitions. It creates pro- ence of an invasive pest or disease. For and a just society. The parties agree cedures for receiving, investigating, example, Japan continues to ban the that racial profiling is unlawful and and resolving complaints about racial importation of fresh potatoes from undermines public safety by alienating profiling. It would apply equally to Idaho due to a 2006 outbreak of Potato communities ‘‘ Federal, State, and local law enforce- Cyst Nematode in the State. A re- Racial profiling demonizes entire ment, which creates consistent stand- search team comprised of biologists communities and perpetuates negative ards at all levels of government. and economists from U.S. and Cana- stereotypes based on an individual’s The vast majority of our law enforce- dian universities and the U.S. Forest race, ethnicity, or religion. Earlier this ment officials that put their lives on Service published a study last month year, I spoke out on the Senate floor the line every day handle their jobs finding that invasive wood-boring and in the Senate Judiciary Committee with professionalism, diligence, and fi- pests, such as the emerald ash borer to share my thoughts on the hearings delity to the rule of law. However, Con- and the asian longhorned beetle, cost held in the House of Representatives gress and the Justice Department can homeowners an estimated $830 million entitled ‘‘The Extent of Radicalization still take further steps to prohibit ra- a year in lost property values and cost in the American Muslim Community cial profiling and root out its use. I local governments an estimated $1.7 and that Community’s Response’’ look forward to working with my col- billion a year as a result of damaged chaired by Congressman PETER KING. leagues to enact this legislation. trees and woodlands. Worst of all, ac- This hearing served only to fan flames cording to the U.S. Government Ac- of fear and division. This spectacle By Mr. AKAKA (for himself and countability Office, the accidental or crossed the line and chipped away at Mrs. FEINSTEIN): deliberate introduction of a foreign dis- the religious freedoms and civil lib- S. 1673. A bill to establish the Office ease, such as avian influenza or foot- erties we hold so dearly. Radicalization of Agriculture Inspection within the and-mouth disease, would likely result may be the appropriate subject of a Department of Homeland Security, in catastrophic economic losses for our Congressional hearing but not when it which shall be headed by the Assistant Nation and take lives. In light of the current and potential is limited to one religion. When that is Commissioner for Agriculture Inspec- staggering economic costs of invasive done, it sends the wrong message to tion, and for other purposes; to the species—which fall on businesses, tax- the public and casts a religion with un- Committee on Homeland Security and Governmental Affairs. payers, and local governments that founded suspicions. have no way to avoid the harm it is I agree with Attorney General Hold- Mr. AKAKA. Mr. President, I rise clear that focusing on prevention, spe- er’s remarks to the American-Arab today to introduce the Safeguarding American Agriculture Act of 2011, with cifically improving agricultural import Anti-Discrimination Committee, where and entry inspection operations at our Senator FEINSTEIN. he stated that ‘‘in this nation, security ports of entry, is a very cost-effective and liberty are—at their best—part- With the recent ten-year anniversary of the September 11 terrorist attacks, strategy. ners, not enemies, in ensuring safety Of course, economic costs are just it is appropriate to reflect on the sig- and opportunity for all . . . I’ve spoken one aspect of the severe consequences nificant changes our country has un- to Arab-Americans who feel that they that can result from foreign pests and dertaken to strengthen our homeland have not been afforded the full rights— disease slipping through our ports. In defenses. We must examine how well or, just as important, the full respon- my home State of Hawai’i, which is we are protecting the American people sibilities—of their citizenship. They home to more endangered species per tell me that, too often, it feels like ‘us and our way of life today, and, where square mile than any other area on the versus them.’ That is intolerable . . . vulnerabilities remain, take decisive planet, invasive species and disease In this Nation, the document that sets action to bolster our defenses. The act could permanently devastate our frag- forth the supreme law of the land—the we introduce today does just this, by ile ecosystem. In many regions of the Constitution—is meant to empower, seeking to strengthen our Nation’s ag- country, invasive species threaten na- not exclude . . . Racial profiling is ricultural import and entry inspection tive fish prized by fisherman, and de- wrong. It can leave a lasting scar on functions to better safeguard American stroy wetlands that support waterfowl communities and individuals. And it is, agriculture and natural resources hunting. Even an important part of our quite simply, bad policing—whatever against foreign pests and disease. American tradition and pastime, base- city, whatever state.’’ Invasive species arrive at U.S. ports ball, is at stake. For the past 127 years Using racial profiling makes it less of entry every day, often hidden in the in Kentucky, Louisville Slugger, the likely that certain affected commu- wooden crates, pallets, and shipping world’s largest and oldest maker of nities will voluntarily cooperate with containers used to transport agricul- baseball bats, has manufactured high law enforcement and community polic- tural cargo, or concealed in the im- quality baseball bats from northern ing efforts. Minorities living and work- ported goods themselves. Failure to de- white ash trees harvested in Pennsyl- ing in these communities may also feel tect and intercept these non-native vania and New York. However, the discouraged from travelling freely, and pests and diseases imposes serious eco- company is very concerned that the de- it corrodes the public’s trust in govern- nomic and social costs on all Ameri- structive emerald ash borer beetle, ment. cans. which has already destroyed millions The bill I am introducing today, the The U.S. Department of Agriculture of ash trees in several States, including End Racial Profiling Act, would build estimates that foreign pests and dis- Michigan, Wisconsin, Ohio, Pennsyl- on Department of Justice’s current ease already cost the U.S. economy vania, and New York, could lead to the ‘‘Guidance Regarding the Use of Race tens of billions of dollars annually in extinction of northern white ash trees, by Federal Law Enforcement Agen- lower crop values, eradication pro- preventing Louisville Slugger from cies’’ issued in 2003. This official DOJ grams, emergency payments to farm- providing future generations with the guidance certainly was a step forward, ers, and increased costs for food and company’s famous ash bats. but it does not have adequate provi- other natural resources. The invasive Following the attacks of September sions for data collection and enforce- asian stink bug, for example, is rav- 11, Congress passed the Homeland Se- ment for state and local agencies. The aging mid-Atlantic crops, often de- curity Act of 2002, which unified Fed- DOJ guidance also does not have the stroying significant portions of apple, eral customs, immigration, and agri- force of law. peach, blackberry, raspberry, straw- culture inspection officers under the ERPA would prohibit the use of ra- berry, tomato, pepper, sweet corn, and new U.S. Department of Homeland Se- cial profiling by Federal, State, or soybean harvests. The bug continues to curity. The decision to transfer front- local law enforcement agencies. The spread despite ongoing Federal, State, line agricultural import and entry in- bill clearly defines racial profiling to and local eradication efforts. Invasive spection functions from the Depart- include race, ethnicity, national origin, species threaten our competitiveness ment of Agriculture’s Animal and or religion as protected classes. It re- in international trade when trading Plant Health Inspection Service, or quires training of law enforcement offi- partners decide to stop importing U.S. APHIS, into the Department of Home- cers to ensure that they understand the agricultural products due to the pres- land Security’s Customs and Border

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.065 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6341 Protection, or CBP, was a controver- semination and implementation of ag- tion technicians may be promoted to cus- sial decision. ricultural policy at the ports is ulti- toms and border protection agriculture spe- I have long been concerned that the mately at the discretion of CBP Offi- cialists. transfer resulted in significant disrup- ‘‘(c) EDUCATION, TRAINING, AND EXPERI- cers who typically do not have agri- ENCE.—The Secretary, acting through the tions to the agriculture mission and culture expertise and are primarily fo- Commissioner of U.S. Customs and Border undermined the effectiveness of agri- cused on the critical mission of pre- Protection, and in consultation with the As- cultural inspections. Other Members of venting terrorists and terrorist weap- sistant Commissioner for Agriculture Inspec- Congress have expressed similar con- ons from entering the country. tion, shall provide customs and border pro- cerns, and there have even been efforts To maintain a highly skilled and mo- tection agriculture specialists the oppor- to remove agricultural inspection re- tivated agriculture specialist work- tunity to acquire the education, training, sponsibilities from the Department of and experience necessary to qualify for pro- force, the Act would require CBP to motion within U.S. Customs and Border Pro- Homeland Security and return them to create a comprehensive agriculture tection. the Department of Agriculture. specialist career track that identifies ‘‘(d) AGRICULTURE SPECIALIST RECRUITMENT While I understand these sentiments, appropriate career paths and ensures AND RETENTION.—Not later than 270 days as Chairman of the Subcommittee on that agriculture specialists receive the after the date of the enactment of the Safe- Oversight of Government Management, training, experience, and assignments guarding American Agriculture Act of 2011, I understand that such drastic reorga- necessary for successful career. The the Secretary, acting through the Commis- nizations are often costly and disrup- sioner of U.S. Customs and Border Protec- bill also would require CBP to develop tion, and in consultation with the Assistant tive. In light of our Nation’s fiscal plans to improve agriculture specialist Commissioner for Agriculture Inspection, challenges, I have concluded it is most recruitment and retention and to make shall develop a plan to more effectively re- efficient and effective to focus on sure agriculture specialists have the cruit and retain qualified customs and bor- strengthening the agricultural inspec- necessary equipment and resources to der protection agriculture specialists. The tion mission within CBP, which in re- effectively carry out their mission. plan shall include— cent years, has made meaningful To strengthen critical working rela- ‘‘(1) numerical goals for recruitment and progress in stabilizing the agency’s ag- tionships and promote interagency ex- retention; and ricultural import and entry inspection ‘‘(2) the use of recruitment incentives, as perience, the Act would authorize the appropriate and permissible under existing operations. Secretary of Homeland Security and laws and regulations. The Safeguarding American Agri- the Secretary of Agriculture to estab- ‘‘(e) EQUIPMENT SUPPORT.—Not later than culture Act seeks to build upon these lish an interagency rotation program 270 days after the date of the enactment of gains and fully achieve important for CBP and APHIS personnel. the Safeguarding American Agriculture Act measures of success identified in the Taken together, the enhancements of 2011, the Commissioner of U.S. Customs June 2007 Report of the APHIS-CBP contained in the Safeguarding Amer- and Border Protection, in consultation with Joint Task Force on Improved Agri- the Assistant Commissioner for Agriculture ican Agriculture Act of 2011 would ele- Inspection, shall— culture Inspection, which stated ‘‘Suc- vate the stature of the agriculture mis- ‘‘(1) determine the minimum equipment cess will be accomplished when the ag- sion in CBP to match the magnitude of and other resources that are necessary at riculture function within CBP is posi- the challenge posed by invasive pests U.S. Customs and Border Protection agri- tioned prominently throughout the or- and disease. I strongly urge my col- culture inspection stations and facilities to ganization. The potential introduction leagues to support this important leg- enable customs and border protection agri- of plant and animal pest and diseases islation. culture specialists to fully and effectively will be regarded with the same fervor Mr. President, I ask unanimous con- carry out their mission; ‘‘(2) complete an inventory of the equip- as all other mission areas within CBP.’’ sent that the text of the bill be printed The Act would enhance the priority ment and other resources available at each in the RECORD. U.S. Customs and Border Protection agri- of, and accountability for, the agri- There being no objection, the text of culture inspection station and facility; culture mission by establishing within the bill was ordered to be printed in ‘‘(3) identify the necessary equipment and CBP an Office of Agriculture Inspec- the RECORD, as follows: other resources that are not currently avail- tion led by an Assistant Commissioner S. 1673 able at agriculture inspection stations and responsible for improving agricultural facilities; and Be it enacted by the Senate and House of Rep- ‘‘(4) develop a plan to address any resource inspections across the Nation. This resentatives of the United States of America in provision would improve efficiency and deficiencies identified under paragraph (3). Congress assembled, ‘‘(f) INTERAGENCY ROTATION PROGRAM.—The coordination by unifying agriculture SECTION 1. SHORT TITLE. Secretary of Homeland Security and the Sec- policy development with agriculture This Act may be cited as the ‘‘Safe- retary of Agriculture are authorized to enter operations. An agricultural chain of guarding American Agriculture Act of 2011’’. into an agreement that— command that extends from the Assist- SEC. 2. ESTABLISHMENT OF THE OFFICE OF AG- ‘‘(1) establishes an interagency rotation ant Commissioner for Agriculture In- RICULTURE INSPECTION. program; and spection to frontline agriculture spe- Title IV of the Homeland Security Act of ‘‘(2) provides for personnel of the Animal cialists at the ports would also effec- 2002 (6 U.S.C. 201 et seq.) is amended by in- and Plant Health Inspection Service of the tively address a key issue the task serting after section 421 the following: Department of Agriculture to take rota- ‘‘SEC. 421a. OFFICE OF AGRICULTURE INSPEC- tional assignments within the Office of Agri- force identified in its 2007 report: TION. culture Inspection and vice versa for the pur- ‘‘Management and leadership infra- ‘‘(a) ESTABLISHMENT.—There is established poses of strengthening working relationships structure supporting the agriculture within U.S. Customs and Border Protection between agencies and promoting interagency mission in CBP should be staffed and an Office of Agriculture Inspection, which experience.’’. empowered at levels equivalent to shall be headed by an Assistant Commis- SEC. 3. REPORT. other functional mission areas in sioner. Not later than 270 days after the date of CBP.’’ ‘‘(b) AGRICULTURE SPECIALIST CAREER the enactment of this Act, the Secretary, Under the present organizational TRACK.— acting through the Commissioner of U.S. structure, the Deputy Executive Direc- ‘‘(1) IN GENERAL.—The Secretary, acting Customs and Border Protection, and in con- through the Commissioner of U.S. Customs sultation with the Assistant Commissioner tor for CBP’s office of Agriculture and Border Protection, and in consultation for Agriculture Inspection, shall submit a re- Operational Oversight within the office with the Assistant Commissioner for Agri- port to the Committee on Homeland Secu- of Agriculture Programs and Trade Li- culture Inspection— rity and Governmental Affairs of the Senate aison, which falls under the Office of ‘‘(A) shall identify appropriate career and that Committee on Homeland Security Field Operations, is responsible for im- paths for customs and border protection ag- of the House of Representatives that de- proving oversight of the agricultural riculture specialists, including the edu- scribes— mission across all CBP field offices by cation, training, experience, and assign- (1) the status of the implementation of the ensuring a more consistent application ments necessary for career progression with- action plans developed by the Animal and in U.S. Customs and Border Protection; Plant Health Inspection Service-U.S. Cus- of agriculture inspection policy. How- ‘‘(B) shall publish information on the ca- toms and Border Protection Joint Task ever, the Deputy Executive Director reer paths identified under paragraph (1); and Force on Improved Agriculture Inspection; lacks operational authority over the ‘‘(C) may establish criteria by which appro- (2) the findings of the Commissioner under agriculture mission. Moreover, the dis- priately qualified customs and border protec- paragraphs (1), (2), and (3) of section 421a(e)

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G06OC6.064 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6342 CONGRESSIONAL RECORD — SENATE October 6, 2011 of the Homeland Security Act of 2002, as engage in sustained professional learn- Development; National Association of added by section 2; and ing that is regularly evaluated for its Elementary School Principals; Na- (3) the plan described in paragraph (4) of impact on classroom practice and stu- tional Association of Secondary School such section 421a(e). dent achievement. Effective profes- Principals; National Board for Profes- (4) the implementation of the remaining requirements under such section 421a; and sional development is collaborative, sional Teaching Standards; Learning (5) any additional legal authority that the job-embedded, and data-driven. Forward; and the New Teacher Center. Secretary determines to be necessary to ef- It is also clear that evaluation sys- I thank them for their input and sup- fectively carry out the agriculture inspec- tems have an important role to play in port for the bill. tion mission of the Department of Homeland teacher and principal development. I urge my colleagues to cosponsor the Security. Through Race to the Top and other ini- Effective Teaching and Leading Act tiatives many states and school sys- and work for its inclusion in the up- By Mr. REED: tems are focusing on reforming their S. 1674. A bill to improve teacher coming reauthorization of the Elemen- evaluation systems. When evaluation is tary and Secondary Education Act. quality, and for other purposes; to the done right, it provides teachers and Mr. President, I ask unanimous con- Committee on Health, Education, principals with individualized ongoing sent that this bill be printed in the Labor, and Pensions. feedback on their strengths and weak- RECORD. Mr. REED. Mr. President, today I in- nesses and offers a path to improve- troduce the Effective Teaching and ment. The Effective Teaching and There being no objection, the text of Leading Act to foster the development Leading Act would require school dis- the bill was ordered to be printed in of highly skilled and effective edu- tricts to establish rigorous, fair, and the RECORD, as follows: cators. transparent evaluation systems that S. 1674 We are working towards reauthor- use multiple measures, including izing the Elementary and Secondary Be it enacted by the Senate and House of Rep- growth in student achievement. resentatives of the United States of America in Education Act—ESEA—this Congress Principals and school leaders also Congress assembled, for the first time since 2001. One of my have a critical role to play in leading SECTION 1. SHORT TITLE. highest priorities for reauthorization is school improvement efforts and man- to build the capacity of our Nation’s This Act may be cited as the ‘‘Effective aging a collaborative culture of ongo- Teaching and Leading Act’’. schools to enhance the effectiveness of ing professional learning and develop- teachers, principals, school librarians, ment. Research has shown that leader- SEC. 2. FINDINGS AND PURPOSES. and other school leaders. ship is second only to classroom in- (a) FINDINGS.—Congress finds the fol- Decades of research have dem- struction among school-related factors lowing: onstrated that improving educator and (1) Teacher quality is the single most im- that influence student outcomes. As portant in-school factor influencing student principal quality as well as greater such, this bill would provide ongoing family involvement are the keys to learning and achievement. high-quality professional development (2) A report by William L. Sanders and raising student achievement and turn- to principals and school leaders, in- June C. Rivers showed that if 2 average 8- ing around struggling schools. To cluding multi-year induction and men- year-old students were given different teach- strengthen teaching and school leader- toring for new administrators. ers, 1 of them a high performer, the other a ship, the Effective Teaching and Lead- Recognizing the importance of cre- low performer, the students’ performance di- ing Act would amend Title II of the El- ating career advancement and leader- verged by more than 50 percentile points ementary and Secondary Education ship opportunities for teachers, the Ef- within 3 years. (3) A similar study by Heather Jordan, Act, ESEA, to provide targeted assist- fective Teaching and Leading Act sup- ance to schools to develop and support Robert Mendro, and Dash Weerasinghe ports opportunities for teachers to showed that the performance gap between effective teachers, school librarians, serve as mentors, instructional coach- students assigned 3 effective teachers in a principals, and school leaders through es, or master teachers, or take on in- row, and those assigned 3 ineffective teach- implementation of comprehensive in- creased responsibility for professional ers in a row, was 49 percentile points. duction, professional development, and development, curriculum, or school im- (4) In Boston, research has shown that stu- evaluation systems. provement activities and calls for sig- dents placed with high-performing mathe- Every year across the country thou- nificant and sustainable stipends for matics teachers made substantial gains, while students placed with the least effective sands of teachers leave the profession— teachers that take on these new roles many within their first years of teach- teachers regressed and their mathematics and responsibilities. scores decreased. ing. A report by the National Commis- The bill also addresses working con- (5) McKinsey & Company found that stud- sion on Teaching and America’s Future ditions that are so critical for effective ies that take into account all of the avail- has estimated that the nationwide cost teaching. Under the legislation, dis- able evidence on teacher effectiveness sug- of replacing public school teachers who tricts would conduct surveys of the gest that students placed with high-per- have dropped out of the profession is working and learning conditions edu- forming teachers will progress 3 times as fast $7.3 billion annually. cators face so this data could be used as those placed with low-performing teach- Fortunately, we have some proven to better target investments and sup- ers. strategies to support teachers that will (6) A 2003 study by Richard Ingersoll found port. that new teachers, not just those in hard-to- keep them in our schools. Evidence has Improving teaching and school lead- staff schools, face such challenging working shown that providing new teachers ership is not simply a matter of sorting conditions that nearly one-half leave the with comprehensive mentoring and the good teachers and principals from profession within their first 5 years, one- support during their two years reduces the bad. What is needed is a com- third leave within their first 3 years, and 14 teacher attrition by as much as half prehensive and integrated approach percent leave by the end of their first year. and increases student learning gains. that supports new teachers and leaders (7) A report by the National Commission The Effective Teaching and Leading as they enter the profession; provides on Teaching and America’s Future estimated Act would help schools implement the that the nationwide cost of replacing public on-going professional development that school teachers who have dropped out of the key elements of effective multi-year helps them improve and their students profession is $7,300,000,000 annually. mentoring and induction for beginning to achieve; and that fairly assesses per- (8) A randomized controlled trial of com- teachers. formance and provides feedback for im- prehensive teacher induction, sponsored by The bill also significantly revises provement. This is the approach taken the Institute of Education Sciences found ESEA’s current definition of ‘‘profes- by the Effective Teaching and Leading that beginning teachers who received 2 years sional development’’ to foster an ongo- Act. of induction support produced greater stu- ing culture of teacher, principal, school I worked with a range of education dent learning gains as a result, the equiva- librarian, and staff collaboration organizations in developing this bill, lent of a student moving from the 50th to 58th percentile in mathematics achievement throughout schools. All too often cur- including the American Federation of and from the 50th to 54th percentile in read- rent professional development still Teachers; American Association of Col- ing achievement. consists of isolated, check-the-box ac- leges for Teacher Education; Associa- (9) Research by Thomas Smith, Richard In- tivities instead of helping educators tion for Supervision and Curriculum gersoll, Michael Strong, Anthony Villar, and

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.041 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6343 Jonah Rockoff has shown that comprehen- (5) increased teacher leadership opportuni- ‘‘(F) regularly assesses the effectiveness of sive mentoring and induction reduces teach- ties, including compensation for teacher the support, and uses such assessments to in- er attrition by as much as one-half and leaders who take on new roles in providing form ongoing improvements, in— strengthens new teacher effectiveness. school-based professional development, men- ‘‘(i) improving student learning; and (10) A recent School Redesign Network at toring, rigorous evaluation, and instruc- ‘‘(ii) strengthening classroom practice; and Stanford University and National Staff De- tional coaching. ‘‘(G) supports the recruiting, hiring, and velopment Council report by Linda Darling- training of highly qualified teachers, includ- SEC. 3. DEFINITIONS. Hammond, Ruth Chung Wei, Alethea Andree, ing teachers who become highly qualified Nikole Richardson, and Stelios Orphanos Section 9101 of the Elementary and Sec- through State and local alternative routes to found that— ondary Education Act of 1965 (20 U.S.C. 7801) certification or licensure.’’; (A) a set of programs that offered substan- is amended— (2) by adding at the end the following: tial contact hours of professional develop- (1) by striking paragraph (34) and inserting ‘‘(44) EVIDENCE OF CLASSROOM PRACTICE.— ment (ranging from 30 to 100 hours in total) the following: The term ‘evidence of classroom practice’ spread over 6 to 12 months showed a positive ‘‘(34) PROFESSIONAL DEVELOPMENT.—The means evidence of practice gathered from a and significant effect on student achieve- term ‘professional development’ means com- classroom through multiple formats and ment gains; and prehensive, sustained, and intensive support, sources, including some or all of the fol- (B) intensive professional development, es- provided for teachers, principals, school li- lowing: pecially when it includes applications of brarians, other school leaders, and other in- ‘‘(A) Demonstration of effective teaching knowledge to teachers’ planning and instruc- structional staff, that— skills. tion, has a greater chance of influencing ‘‘(A) fosters collective responsibility for ‘‘(B) Classroom observations based on rig- teacher practices, and in turn, leading to improved student learning; orous teacher performance standards or ru- gains in student learning, and such intensive ‘‘(B) is designed and implemented in a brics. professional development has shown a posi- manner that increases teacher, principal, ‘‘(C) Student work. tive and significant effect on student school librarian, other school leader, para- ‘‘(D) Teacher portfolios. achievement gains, in some cases by approxi- professional, and other instructional staff ef- ‘‘(E) Videos of teacher practice. mately 21 percentile points. (11) Teachers can acquire and use new fectiveness in improving student learning ‘‘(F) Lesson plans. knowledge and skills in their instruction and strengthening classroom practice; ‘‘(G) Information on the extent to which when provided with adequate opportunities ‘‘(C) analyzes and uses— the teacher collaborates and shares best to learn, according to ‘‘Student Achievement ‘‘(i) real-time data and information col- practices with other teachers and instruc- Through Staff Development’’ published by lected from— tional staff. ASCD, which found that more than 90 per- ‘‘(I) evidence of student learning; ‘‘(H) Information on the teacher’s success- cent of participants attained skill pro- ‘‘(II) evidence of classroom practice; and ful use of research and data. ficiency if it includes theory presentation, ‘‘(III) the State’s longitudinal data system; ‘‘(I) Parent, student, and peer feedback. demonstration, practice, and peer coaching. and ‘‘(45) EVIDENCE OF STUDENT LEARNING.—The (12) Recent reports from the Center for ‘‘(ii) other relevant data collected by the term ‘evidence of student learning’ means— American Progress, Education Sector, Hope school or local educational agency; ‘‘(A) valid and reliable data on student Street Group, and the New Teacher Project ‘‘(D) is aligned with— learning, which shall include data based on have collectively demonstrated the signifi- ‘‘(i) rigorous State student academic student learning gains on State student aca- cant flaws in current teacher evaluation and achievement standards developed under sec- demic assessments under section 1111(b)(3) implementation, and the necessity for rede- tion 1111(b)(1); and other State student academic achieve- signing these systems and linking such eval- ‘‘(ii) related academic and school improve- ment assessments, where available; and uation to individualized feedback and sub- ment goals of the school, local educational ‘‘(B) other evidence of student learning, in- stantive targeted support in order to ensure agency, and statewide curriculum; cluding some or all of the following: effective teaching. ‘‘(iii) statewide and local curricula; and ‘‘(i) Student work, including measures of (13) Research by Kenneth Leithwood, ‘‘(iv) rigorous standards of professional performance criteria and evidence of student Karen Seashore Louis, Stephen Anderson, practice and development; growth. and Kyla Wahlstrom found that— ‘‘(E) includes frequently scheduled, signifi- ‘‘(ii) Teacher-generated information about (A) leadership is second only to classroom cant blocks of time during the regular school student goals and growth. instruction among school-related factors day among established collaborative teams ‘‘(iii) Parental feedback about student that influence student outcomes; and of teachers, principals, school librarians, goals and growth. (B) direct and indirect leadership effects other school leaders, and other instructional ‘‘(iv) Formative assessments. account for about one-quarter of total school staff, by grade level and content area (to the ‘‘(v) Summative assessments. effects on student learning. extent applicable and practicable), which ‘‘(vi) Objective performance-based assess- (14) Research by Charles Clotfelter, Helen teams engage in a continuous cycle of profes- ments. Ladd, Kenneth Leithwood, Anthony sional learning and improvement that— ‘‘(vii) Assessments of affective engagement Milanowski, and the New Teacher Center has ‘‘(i) identifies, reviews, and analyzes— and self-efficacy. shown that the quality of working condi- ‘‘(I) evidence of student learning; and ‘‘(46) LOWEST ACHIEVING SCHOOL.—The term tions, particularly supportive school leader- ‘‘(II) evidence of classroom practice; ‘lowest achieving school’ means a school ship, impacts student academic achievement ‘‘(ii) defines a clear set of educator learn- served by a local educational agency that— and teacher recruitment, retention, and ef- ing goals to improve student learning and ‘‘(A) is failing to make adequate yearly fectiveness. strengthen classroom practice based on the progress as described in section 1111(b)(2), for (15) Since 1965, more than 60 education and rigorous analysis of evidence of student the greatest number of subgroups described library studies have produced clear evidence learning and evidence of classroom practice; in section 1111(b)(2)(C)(v) and by the greatest that school libraries staffed by qualified li- ‘‘(iii) develops and implements coherent, margins, as compared to the other schools brarians have a positive impact on student sustained, and evidenced-based professional served by the local educational agency; and academic achievement, with a recent anal- development strategies to meet such goals ‘‘(B) in the case of a secondary school, has ysis of reading scores from 2004–2009 showing (including through instructional coaching, a graduation rate of less than 65 percent. that fewer librarians translated to lower per- lesson study, and study groups organized at ‘‘(47) SCHOOL LEADER.—The term ‘school formance, or a slower rise in scores, on the school, team, or individual levels); leader’ means an individual who— standardized tests. ‘‘(iv) provides learning opportunities for ‘‘(A) is an employee or officer of a school; (b) PURPOSES.—The purposes of this Act teachers to collectively develop and refine and are to build capacity for developing effective student learning goals and the teachers’ in- ‘‘(B) is responsible for— teachers and principals in our Nation’s structional practices and the use of forma- ‘‘(i) the school’s performance; and schools through— tive assessment; ‘‘(ii) the daily instructional and manage- (1) the redesign of teacher and principal ‘‘(v) provides an effective mechanism to rial operations of the school. evaluation and assessment systems; support the transfer of new knowledge and ‘‘(48) TEACHING SKILLS.—The term ‘teach- (2) comprehensive, high-quality, rigorous, skills to the classroom (including utilizing ing skills’ means skills that enable a teacher multi-year induction and mentoring pro- teacher leaders, instructional coaches, to— grams for beginning teachers, principals, and school librarians, and content experts to sup- ‘‘(A) increase student learning, achieve- other school leaders; port such transfer); and ment, and the ability to apply knowledge; (3) systematic, sustained, and coherent ‘‘(vi) provides opportunities for follow-up, ‘‘(B) effectively convey and explain aca- professional development for all teachers observation, and formative feedback and as- demic subject matter; that is team-based and job-embedded; sessment of the teacher’s classroom practice, ‘‘(C) actively engage students and person- (4) systematic, sustained, and coherent on a regular basis and in a manner that al- alize learning; professional development for school prin- lows each such teacher to identify areas of ‘‘(D) effectively teach higher-order analyt- cipals, other school leaders, school librar- classroom practice that need to be strength- ical, evaluation, problem-solving, and com- ians, paraprofessionals, and other staff; and ened, refined, and improved; munication skills;

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‘‘(E) develop and effectively apply new ‘‘(1) GRANTS.—From amounts made avail- ‘‘(v) providing significant and sustainable knowledge, skills, and practices; able under section 2505, the Secretary shall teacher stipends, pursuant to section ‘‘(F) employ strategies grounded in the dis- award grants, through allotments under 2502(a)(6); ciplines of teaching and learning that— paragraph (3)(A), to States to enable the ‘‘(B) a description of how the local edu- ‘‘(i) are based on empirically based prac- States to award subgrants to local edu- cational agency will— tice and scientifically valid research, where cational agencies under this part. ‘‘(i) conduct and utilize valid and reliable applicable, related to teaching and learning; ‘‘(2) RESERVATIONS.—A State that receives surveys pursuant to section 2502(b); and ‘‘(ii) are specific to academic subject mat- a grant under this part for a fiscal year ‘‘(ii) ensure that such programs are inte- ter; shall— grated and aligned pursuant to section ‘‘(iii) focus on the identification of stu- ‘‘(A) reserve 95 percent of the funds made 2502(c); dents’ specific learning needs, (including available through the grant to make sub- ‘‘(C)(i) a description of how the local edu- children with disabilities, students who are grants, through allocations under paragraph cational agency will use subgrant funds to limited English proficient, students who are (3)(B), to local educational agencies; and target and support the lowest achieving gifted and talented, and students with low ‘‘(B) use the remainder of the funds for— schools described in subsection (a)(4) before literacy levels), and the tailoring of aca- ‘‘(i) administrative activities and technical using funds for other lowest achieving demic instruction to such needs; and assistance in helping local educational agen- schools; and ‘‘(iv) enable effective inclusion of children cies carry out this part; ‘‘(ii) a list that identifies all of the lowest with disabilities and English language learn- ‘‘(ii) statewide capacity building strategies achieving schools that will be assisted under to support local educational agencies in the ers, including the utilization of— the subgrant; implementation of the required activities ‘‘(I) response to intervention; ‘‘(D) a description of how the local edu- under section 2502; and ‘‘(II) positive behavioral supports; cational agency will enable effective inclu- ‘‘(iii) conducting the evaluation required ‘‘(III) differentiated instruction; sion of children with disabilities and English under section 2504. ‘‘(IV) universal design of learning; language learners, including through utiliza- ‘‘(3) FORMULAS.— ‘‘(V) appropriate accommodations for in- tion by the teachers, principals, and other struction and assessments; ‘‘(A) ALLOTMENTS.—The allotment pro- vided to a State under this section for a fis- school leaders of the local educational agen- ‘‘(VI) collaboration skills; cy of— ‘‘(VII) skill in effectively participating in cal year shall bear the same relation to the total amount available under this part for ‘‘(i) response to intervention; individualized education program meetings ‘‘(ii) positive behavioral supports; required under section 614 of the Individuals such allotments for the fiscal year, as the al- lotment provided to the State under section ‘‘(iii) differentiated instruction; with Disabilities Education Act; and ‘‘(iv) universal design of learning; ‘‘(VIII) evidence-based strategies to meet 2111(b) for such year bears to the total amount available under such section 2111(b) ‘‘(v) appropriate accommodations for in- the linguistic and academic needs of English struction and assessments; language learners; for such allotments for such year. ‘‘(B) ALLOCATIONS.—The allocation pro- ‘‘(vi) collaboration skills; ‘‘(G) conduct an ongoing assessment of stu- ‘‘(vii) skill in effectively participating in dent learning, which may include the use of vided to a local educational agency under this section for a fiscal year shall bear the individualized education program meetings formative assessments, performance-based same relation to the total amount available required under section 614 of the Individuals assessments, project-based assessments, or under this part for such allocations for the with Disabilities Education Act; and portfolio assessments, that measures higher- fiscal year, as the allocation provided to the ‘‘(viii) evidence-based strategies to meet order thinking skills (including application, local educational agency under section the linguistic and academic needs of English analysis, synthesis, and evaluation); 2121(a) for such year bears to the total language learners; ‘‘(H) effectively manage a classroom, in- amount available for such allocations for ‘‘(E) a description of how the local edu- cluding the ability to implement positive be- such year. cational agency will assist the lowest achiev- havioral support strategies; ‘‘(4) SCHOOLS FIRST SUPPORTED.—A local ing schools in utilizing real-time student ‘‘(I) communicate and work with parents, educational agency receiving a subgrant learning data, based on evidence of student and involve parents in their children’s edu- under this part shall first use such funds to learning and evidence of classroom practice, cation; and carry out the activities described in section to— ‘‘(J) use age-appropriate and develop- 2502(a) in each lowest achieving school ‘‘(i) inform instruction; and mentally appropriate strategies and prac- served by the local educational agency— ‘‘(ii) inform professional development for tices. ‘‘(A) that demonstrates the greatest need teachers, mentors, principals, and other ‘‘(49) FORMATIVE ASSESSMENT.—The term for subgrant funds based on the data analysis school leaders; ‘formative assessment’ means a process used described in subsection (b)(3); and ‘‘(F) a description of how the programs and by teachers and students during instruction ‘‘(B) in which not less than 40 percent of assistance provided under section 2502 will be that provides feedback to adjust ongoing the students enrolled in the school are eligi- managed and designed, including a descrip- teaching and learning to improve students’ ble for a free or reduced price lunch under tion of the division of labor and different achievement of intended instructional out- the Richard B. Russell National School roles and responsibilities of local edu- comes.’’. Lunch Act (42 U.S.C. 1751 et seq.). cational agency central office staff members, (3) by redesignating paragraphs (1) through ‘‘(b) LOCAL EDUCATIONAL AGENCY APPLICA- school leaders, teacher leaders, coaches, (39), the undesignated paragraph following TION.— mentors, and evaluators; and paragraph (39), and paragraphs (41) through ‘‘(1) IN GENERAL.—To be eligible to receive ‘‘(G) a description of how the local edu- (49) (as amended by this section) as para- a subgrant under this part, a local edu- cational agency will work with institutions graphs (1) through (18), (21), (22), (24) through cational agency shall submit to the State of higher education and local teacher and (29), (31) through (40), (42) through (47), (49), educational agency an application described principal preparation programs to improve (19), (20), (30), (41), (48), and (23), respectively. in paragraph (2), and a summary of the data the performance of beginning teachers and SEC. 4. SCHOOL IMPROVEMENT. analysis conducted under paragraph (3), at principals, improve induction programs, and Section 1003(g)(5) of the Elementary and such time, in such manner, and containing strengthen professional development. Secondary Education Act of 1965 (20 U.S.C. such information as the State educational ‘‘(3) DATA ANALYSIS.—A local educational 6303(g)(5)) is amended— agency may reasonably require. agency desiring a subgrant under this part (1) in subparagraph (B), by striking ‘‘and’’ ‘‘(2) CONTENTS OF APPLICATION.—Each ap- shall, prior to applying for the subgrant, after the semicolon; plication submitted pursuant to paragraph conduct a data analysis of each school served (2) in subparagraph (C), by striking the pe- (1) shall include— by the local educational agency, based on riod and inserting ‘‘; and’’; and ‘‘(A) a description of how the local edu- data and information collected from evi- (3) by adding at the end the following: cational agency will assist the lowest achiev- dence of student learning, evidence of class- ‘‘(D) permitted to be used to supplement ing schools served by the local educational room practice, and the State’s longitudinal the activities required under section 2502.’’. agency in carrying out the requirements of data system, in order to— SEC. 5. TEACHER AND PRINCIPAL PROFESSIONAL section 2502, including— ‘‘(A) determine which schools have the DEVELOPMENT AND SUPPORT. ‘‘(i) developing and implementing the most critical teacher, principal, school li- (a) IN GENERAL.—Title II of the Elemen- teacher and principal evaluation system pur- brarian, and other school leader quality, ef- tary and Secondary Education Act of 1965 (20 suant to section 2502(a)(3); fectiveness, and professional development U.S.C. 6601 et seq.) is amended by adding at ‘‘(ii) implementing teacher induction pro- needs; and the end the following: grams pursuant to section 2502(a)(1); ‘‘(B) allow the local educational agency to ‘‘PART E—BUILDING SCHOOL CAPACITY ‘‘(iii) providing effective professional de- identify the specific needs regarding the FOR EFFECTIVE TEACHING AND LEAD- velopment in accordance with section quality, effectiveness, and professional de- ERSHIP 2502(a)(2); velopment needs of the school’s teachers, ‘‘SEC. 2501. LOCAL SCHOOL IMPROVEMENT AC- ‘‘(iv) implementing mentoring, coaching, principals, librarians, and other school lead- TIVITIES. and sustained professional development for ers, including with respect to instruction ‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL school principals and other school leaders provided for individual student subgroups AGENCIES.— pursuant to section 2502(a)(4); and (including children with disabilities and

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.046 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6345 English language learners) and specific grade ‘‘(ii) assists each beginning teacher in— ‘‘(2) implement high-quality effective pro- levels and content areas. ‘‘(I) analyzing data based on the beginning fessional development for teachers, prin- ‘‘(4) JOINT DEVELOPMENT AND SUBMISSION.— teacher’s evidence of student learning and cipals, school librarians, and other school ‘‘(A) IN GENERAL.—Except as provided in evidence of classroom practice, and utilizing leaders serving the schools targeted for as- subparagraph (B), a local educational agency research-based instructional strategies, in- sistance under the subgrant; shall— cluding differentiated instruction, to inform ‘‘(3) develop and implement a rigorous, ‘‘(i) jointly develop the application and and strengthen such practice; transparent, and equitable teacher and prin- data analysis framework under this sub- ‘‘(II) developing and enhancing effective cipal evaluation system for all schools section with local organizations representing teaching skills; served by the local educational agency the teachers, principals, and other school ‘‘(III) enabling effective inclusion of chil- that— leaders in the local educational agency; and dren with disabilities and English language ‘‘(A)(i) provides formative individualized ‘‘(ii) submit the application and data anal- learners, including through the utilization feedback to teachers and principals on areas ysis in partnership with such local teacher, of— for improvement; principal, and school leader organizations. ‘‘(aa) response to intervention; ‘‘(ii) provides for substantive support and ‘‘(B) EXCEPTION.—A State may, after con- ‘‘(bb) positive behavioral supports; interventions targeted specifically on such sultation with the Secretary, consider an ap- ‘‘(cc) differentiated instruction; areas of improvement; and plication from a local educational agency ‘‘(dd) universal design of learning; ‘‘(iii) results in summative evaluations; that is not jointly developed and submitted ‘‘(ee) appropriate accommodations for in- ‘‘(B) differentiates the effectiveness of teachers and principals using multiple rating in accordance with subparagraph (A) if the struction and assessments; categories that take into account evidence application includes documentation of the ‘‘(ff) collaboration skills; of student learning; local educational agency’s extensive attempt ‘‘(gg) skill in effectively participating in ‘‘(C) shall be developed, implemented, and to work jointly with local teacher, principal, individualized education program meetings evaluated in partnership with local teacher and school leader organizations. required under section 614 of the Individuals and principal organizations; and ‘‘SEC. 2502. USE OF FUNDS. with Disabilities Education Act; and ‘‘(D) includes— ‘‘(a) INDUCTION, PROFESSIONAL DEVELOP- ‘‘(hh) evidence-based strategies to meet ‘‘(i) valid, clearly defined, and reliable per- MENT, AND EVALUATION SYSTEM.—A local the linguistic and academic needs of English formance standards and rubrics for teacher educational agency that receives a subgrant language learners; evaluation based on multiple performance under this part shall use the subgrant funds ‘‘(IV) using formative evaluations to— measures, which shall include a combination to improve teaching and school leadership ‘‘(aa) collect and analyze classroom-level of— through a system of teacher and principal in- data; ‘‘(I) evidence of classroom practice; and duction, professional development, and eval- ‘‘(bb) foster evidence-based discussions; ‘‘(II) evidence of student learning as a sig- uation. Such system shall be developed, im- ‘‘(cc) provide opportunities for self assess- nificant factor; plemented, and evaluated in collaboration ment; ‘‘(ii) valid, clearly defined, and reliable with local teacher, principal, and school ‘‘(dd) examine classroom practice; and performance standards and rubrics for prin- leader organizations and local teacher, prin- ‘‘(ee) establish goals for professional cipal evaluation based on multiple perform- cipal, and school leader preparation pro- growth; and ance measures of student learning and lead- grams and shall provide assistance to each ‘‘(V) achieving the goals of the school, dis- ership skills, which standards shall include— school that the local educational agency has trict, and statewide curricula; ‘‘(I) planning and articulating a shared and identified under section 2501(b)(2)(C)(ii), to— ‘‘(iii) provides regular and ongoing oppor- coherent schoolwide direction and policy for ‘‘(1) implement a comprehensive, coherent, tunities for beginning teachers to observe ex- achieving high standards of student perform- high-quality formalized induction program emplary teaching in classroom settings dur- ance; for beginning teachers during not less than ing the school day; ‘‘(II) identifying and implementing the ac- the teachers’ first 2 years of full-time em- ‘‘(iv) aligns with the mission and goals of tivities and rigorous curriculum necessary ployment as teachers with the local edu- the local educational agency and school; for achieving such standards of student per- cational agency, that shall include— ‘‘(v)(I) acts as a vehicle for a beginning formance; ‘‘(A) rigorous mentor selection by school teacher to establish short- and long-term ‘‘(III) supporting a culture of learning, col- or local educational agency leaders with planning and professional goals and to im- laboration, and professional behavior and en- mentoring and instructional expertise, in- prove student learning and classroom prac- suring quality measures of instructional cluding requirements that the mentor dem- tice; and practice; onstrate— ‘‘(II) guides, monitors, and assesses the be- ‘‘(IV) communicating and engaging par- ‘‘(i) a proven track record of improving ginning teacher’s progress toward such ents, families, and other external commu- student learning; goals; nities; and ‘‘(ii) strong interpersonal skills; ‘‘(vi) assigns not more than 12 beginning ‘‘(V) collecting, analyzing, and utilizing ‘‘(iii) exemplary teaching skills, particu- teacher mentees to a mentor who is released data and other tangible evidence of student larly with diverse learners, including chil- full-time from classroom teaching, and re- learning and evidence of classroom practice dren with disabilities and English language duces such maximum number of mentees to guide decisions and actions for continuous learners; proportionately for a mentor who works on a improvement and to ensure performance ac- ‘‘(iv) not less than 5 years teaching experi- part-times basis; countability; ence; ‘‘(vii) provides joint professional develop- ‘‘(iii) multiple and distinct rating options ‘‘(v) commitment to personal and profes- ment opportunities for mentors and begin- that allow evaluators to— sional growth and learning, such as National ning teachers; ‘‘(I) conduct multiple classroom observa- Board for Professional Teaching Standards ‘‘(viii) may include the use of master tions throughout the school year; certification; teachers to support mentors or other teach- ‘‘(II) examine the impact of the teacher or ‘‘(vi) willingness and experience in using ers; and principal on evidence of student learning and real-time data, as well as school and class- ‘‘(ix) improves student learning and class- evidence of classroom practice; room level practices that have demonstrated room practice, as measured by the evalua- ‘‘(III) specifically describe and compare dif- the capacity to— tion system described in paragraph (3); ferences in performance, growth, and devel- ‘‘(I) improve student learning and class- ‘‘(C) paid school release time that allows opment; and room practice; and for at least weekly high-quality mentoring ‘‘(IV) provide teachers or principals with ‘‘(II) inform instruction and professional and mentor-teacher interactions; detailed individualized feedback and evalua- growth; ‘‘(D) foundational training and ongoing tion in a manner that allows each teacher or ‘‘(vii) a commitment to participate in pro- professional development for mentors that principal to identify the areas of classroom fessional development throughout the year support the high-quality mentoring and practice that need to be strengthened, re- to develop the knowledge and skills related mentor-teacher interactions described in fined, and improved; to effective mentoring; and subparagraph (B); ‘‘(iv) implementing a formative and ‘‘(viii) the ability to improve the effective- ‘‘(E) use of research-based teaching stand- summative evaluation process based on the ness of the mentor’s mentees, as assessed by ards, formative assessments, teacher port- performance standards established under the evaluation system described in para- folio processes (such as the National Board clauses (i) and (ii); graph (3); for Professional Teaching Standards certifi- ‘‘(v) rigorous training for evaluators on the ‘‘(B) a program of high-quality, intensive, cation process), and teacher development performance standards established under and ongoing mentoring and mentor-teacher protocols that support the high-quality men- clauses (i) and (ii) and the process of con- interactions that— toring and mentor-teacher interactions de- ducting effective evaluations, including how ‘‘(i) ensures that new teachers are sup- scribed in subparagraph (B); and to provide specific feedback and improve ported in ways that help improve content- ‘‘(F) feedback on the performance of begin- teaching and principal practice based on specific knowledge and pedagogy, including ning teachers to local teacher preparation evaluation results; by matching mentors with beginning teach- programs and recommendations for improv- ‘‘(vi) regular monitoring and assessment of ers by grade level and content area; ing such programs; the quality and fairness of the evaluation

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.046 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6346 CONGRESSIONAL RECORD — SENATE October 6, 2011 system and the evaluators’ judgements, in- schools, and institutions of higher education ‘‘(H) another nonprofit entity with experi- cluding with respect to— to ensure the vertical alignment of student ence in helping schools improve student ‘‘(I) inter-rater reliability, including inde- learning outcomes); achievement. pendent or third-party reviews; ‘‘(v) collecting, analyzing, and utilizing ‘‘SEC. 2503. RULE OF CONSTRUCTION. ‘‘(II) student assessments used in the eval- data and other tangible evidence of student ‘‘Nothing in this part shall be construed to uation system; learning and classroom practice (including alter or otherwise affect the rights, rem- ‘‘(III) the performance standards estab- the use of formative and summative assess- edies, and procedures afforded school or lished under clauses (i) and (ii); ments) to— school district employees under Federal, ‘‘(IV) training and qualifications of eval- ‘‘(I) guide decisions and actions for contin- State, or local laws (including applicable uators; and uous instructional improvement; and regulations or court orders) or under the ‘‘(V) timeliness of teacher and principal ‘‘(II) ensure performance accountability; terms of collective bargaining agreements, evaluations and feedback; ‘‘(vi) managing resources and school time memoranda of understanding, or other agree- ‘‘(vii) a plan and substantive targeted sup- to ensure a safe and effective student learn- ments between such employees and their em- port for teachers and principals who fail to ing environment; and ployers. meet the performance standards established ‘‘(vii) designing and implementing strate- ‘‘SEC. 2504. PROGRAM EVALUATION. under clauses (i) and (ii); gies for differentiated instruction and effec- ‘‘(a) IN GENERAL.—Each program required ‘‘(viii) a streamlined, transparent, fair, and tively identifying and educating diverse under section 2502(a) shall include a formal objective due process for documentation and learners, including children with disabilities evaluation system to determine, at a min- removal of teacher and principals who fail to and English language learners; and meet such performance standards, as gov- imum, the effectiveness of each such pro- ‘‘(C) provide feedback on the performance gram on— erned by any applicable collective bar- of beginning principals and other school gaining agreement or State law and after ‘‘(1) student learning; leaders to local principal and leader prepara- ‘‘(2) retaining teachers and principals, in- substantive targeted and reasonable support tion programs and recommendations for im- has been provided to such teachers and prin- cluding differentiating the retainment data proving such programs; by profession and by the level of performance cipals; and ‘‘(5)(A) create or enhance opportunities for ‘‘(ix) in the case of a local educational of the teachers and principals, based on the teachers and school librarians to assume new evaluation system described in section agency in a State that has a State evalua- school leadership roles and responsibilities, tion framework, the alignment of the local 2502(a)(3); including— ‘‘(3) teacher, principal, and other school educational agency’s evaluation system ‘‘(i) serving as mentors, instructional with, at a minimum, such framework and leader practice, which shall include, for coaches, or master teachers; or teachers and principals, practice measured the requirements of this paragraph; ‘‘(ii) assuming increased responsibility for ‘‘(4) implement ongoing high-quality sup- by the teacher and principal evaluation sys- professional development activities, cur- tem described in section 2502(a)(3); port, coaching, and professional development riculum development, or school improve- for principals and other school leaders serv- ‘‘(4) student graduation rates, as applica- ment and leadership activities; and ble; ing the schools targeted for assistance under ‘‘(B) provide training for teachers who as- such subgrant, which shall— ‘‘(5) teaching, learning, and working condi- sume such school leadership roles and re- ‘‘(A) include a comprehensive, coherent, tions; sponsibilities; and high-quality formalized induction program ‘‘(6) parent, family, and community in- ‘‘(6) provide significant and sustainable sti- outside the supervisory structure for begin- volvement and satisfaction; pends above a teacher’s base salary for ning principals and other school leaders, dur- ‘‘(7) student attendance rates; teachers that serve as mentors, instructional ing not less than the principals’ and other ‘‘(8) teacher and principal satisfaction; and coaches, teacher leaders, or evaluators under school leaders’ first 2 years of full-time em- ‘‘(9) student behavior. the programs described in this subsection. ployment as a principal or other school lead- ‘‘(b) LOCAL EDUCATIONAL AGENCY AND er in the local educational agency, to de- ‘‘(b) SURVEY.—A local educational agency SCHOOL EFFECTIVENESS.—The formal evalua- velop and improve the knowledge and skills receiving a subgrant under this part shall tion system described in subsection (a) shall described in subparagraph (B), including— conduct a valid and reliable full population also measure the effectiveness of the local ‘‘(i) a rigorous mentor or coach selection survey of teaching and learning, at the educational agency and school in— process based on exemplary administrative school and local educational agency level, ‘‘(1) implementing the comprehensive in- expertise and experience; and include, as topics in the survey, not less duction program described in section ‘‘(ii) a program of ongoing opportunities than the following elements essential to im- 2502(a)(1); throughout the school year for the men- proving student learning and retaining effec- ‘‘(2) implementing high-quality profes- toring or coaching of beginning principals tive teachers: sional development described in section and other school leaders, including opportu- ‘‘(1) Instructional planning time. 2502(a)(2); nities for regular observation and feedback; ‘‘(2) School leadership. ‘‘(3) developing and implementing a rig- ‘‘(iii) foundational training and ongoing ‘‘(3) Decisionmaking processes. orous, transparent, and equitable teacher professional development for mentors or ‘‘(4) Professional development. and principal evaluation system described in coaches; and ‘‘(5) Facilities and resources, including the section 2502(a)(3); ‘‘(iv) the use of research-based leadership school library. ‘‘(4) implementing mentoring, coaching, standards, formative and summative assess- ‘‘(6) Beginning teacher induction. and professional development for school ments, or principal and other school leader ‘‘(7) School safety and environment. principals and other school leaders described protocols (such as the National Board for ‘‘(c) INTEGRATION AND ALIGNMENT.—The in section 2502(a)(4); Professional Teaching Standards Certifi- system described in subsection (a) shall— ‘‘(5) ensuring that mentors, teachers, and cation for Educational Leaders program or ‘‘(1) integrate and align all of the activities schools are using data to inform instruc- the 2008 Interstate School Leaders Licensure described in such subsection; tional practices; and Consortium Standards); ‘‘(2) be informed by, and integrated with, ‘‘(6) ensuring that the comprehensive in- ‘‘(B) improve the knowledge and skills of the results of the survey described in sub- duction and high-quality mentoring required school principals and other school leaders section (b); under section 2502(a)(1) and the high impact in— ‘‘(3) be aligned with the State’s school im- professional development required under sec- ‘‘(i) planning and articulating a shared and provement efforts under sections 1116 and tion 2502(a)(2) are integrated and aligned clear schoolwide direction, vision, and strat- 1117; and with the State’s school improvement efforts egy for achieving high standards of student ‘‘(4) be aligned with the programs funded under sections 1116 and 1117. performance; under title II of the Higher Education Act of ‘‘(c) CONDUCT OF EVALUATION.—The evalua- ‘‘(ii) identifying and implementing the ac- 1965 and other professional development pro- tion described in subsection (a) shall be— tivities and rigorous student curriculum and grams authorized under this Act. ‘‘(1) conducted by the State, an institution assessments necessary for achieving such ‘‘(d) ELIGIBLE ENTITIES.—The assistance re- of higher education, or an external agency standards of performance; quired to be provided under this section may that is experienced in conducting such eval- ‘‘(iii) managing and supporting a collabo- be provided— uations; and rative culture of ongoing learning and pro- ‘‘(1) by the local educational agency; or ‘‘(2) developed in collaboration with groups fessional development and ensuring quality ‘‘(2) by the local educational agency, in such as— evidence of classroom practice (including collaboration with— ‘‘(A) experienced educators with track shared or distributive leadership and pro- ‘‘(A) the State educational agency; records of success in the classroom; viding timely and constructive feedback to ‘‘(B) an institution of higher education; ‘‘(B) institutions of higher education in- teachers to improve student learning and ‘‘(C) a nonprofit organization; volved with teacher induction and profes- strengthen classroom practice); ‘‘(D) a teacher organization; sional development located within the State; ‘‘(iv) communicating and engaging par- ‘‘(E) a principal or school leader organiza- and ents, families, and local communities and or- tion; ‘‘(C) local teacher, principal, and school ganizations (including engaging in partner- ‘‘(F) an educational service agency; leader organizations. ships among elementary schools, secondary ‘‘(G) a teaching residency program; or ‘‘(d) DISSEMINATION.—

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.046 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6347 ‘‘(1) IN GENERAL.—The results of the eval- It is estimated that 30 people have with my colleague Congressman uation described in subsection (a) shall be been killed by government security MCGOVERN in the House of Representa- submitted to the Secretary. forces since the start of these largely tives, am introducing this Congres- ‘‘(2) DISSEMINATION.—The Secretary shall peaceful protests. Government agen- sional joint resolution. I hope my col- make the results of each evaluation de- leagues will join me in sending a mes- scribed in subsection (a) available to States, cies also fired more than 2,500 people local educational agencies, and the public. suspected of sympathizing with the sage to Bahrain that we will not re- ‘‘SEC. 2505. AUTHORIZATION OF APPROPRIA- protestors and their democratic de- ward human rights abuses. TIONS. mands. A special military court was es- To quote from the President’s ad- ‘‘There are authorized to be appropriated tablished by decree and has convicted dress to the United Nations General to carry out this part such sums as may be over 100 people on dubious grounds. Assembly last month: ‘‘Something is necessary for fiscal year 2012 and each suc- Recently, 20 doctors who were caught happening in our world. The way ceeding fiscal year.’’. treating wounded protestors were sen- things have been is not the way they (b) TABLE OF CONTENTS.—The table of con- will be. The humiliating grip of corrup- tents in section 2 of the Elementary and Sec- tenced to prison terms as long as 15 years. One of the doctors said she was tion and tyranny is being pried open. ondary Education Act of 1965 is amended by Technology is putting power in the inserting after the item relating to section tortured and threatened with rape 2441 the following: while in custody. In explaining the rea- hands of the people. The youth are de- livering a powerful rebuke to dictator- ‘‘PART E—BUILDING SCHOOL CAPACITY FOR son for her offense, the doctor said ‘‘My ship, and rejecting the lie that some EFFECTIVE TEACHING AND LEADERSHIP only crime is I did my job; I helped peo- races, religions and ethnicities do not ‘‘Sec. 2501. Local school improvement ac- ple.’’ Amnesty International has point- tivities. ed out that an increasing number of desire democracy.’’ Well it is clear that the people of Bahrain desire greater de- ‘‘Sec. 2502. Use of funds. cases involving civilians arrested are mocracy and opportunity and we ‘‘Sec. 2503. Rule of Construction. now being primarily tried in military ‘‘Sec. 2504. Program evaluation. should not be rewarding their oppres- court, without due process. ‘‘Sec. 2505. Authorization of appropria- sors with an arms sale at this time. Human Rights Watch also reports tions.’’. Colleagues, please join me in cospon- that four people have died in custody. soring this Congressional joint resolu- By Mr. WYDEN: Their suspected cause of death is tor- S.J. Res. 28. A joint resolution lim- tion. ture, and medical neglect. Leading po- Mr. President, I ask unanimous con- iting the issuance of a letter of offer litical opposition figures who are de- sent that the text of the joint resolu- with respect to a certain proposed sale manding democratic reforms have been tion be printed in the RECORD. of defense articles and defense services sentenced, in some cases, to life in pris- There being no objection, the text of to the Kingdom of Bahrain; to the on, solely for their role in organizing the joint resolution was ordered to be Committee on Foreign Relations. peaceful protests. printed in the RECORD, as follows: Mr. WYDEN. Mr. President, I rise Life in prison just for trying to hold S.J. RES. 28 today to introduce a Congressional their government democratically ac- Whereas the Kingdom of Bahrain is a party Joint Resolution to prevent the sale of countable. Just because they want the to several international human rights in- $53 million worth of arms to the Gov- same opportunities as their Sunni struments, including the International Cov- ernment of Bahrain. neighbors. Just because they want to enant on Civil and Political Rights, adopted As I witness the series of extraor- petition their government for a redress December 16, 1966, and entered into force dinary events that are sweeping across of grievances. I read these reports and March 23, 1976, and the Convention Against the Arab world, I am reminded of our I ask myself what our own constitu- Torture and Other Cruel, Inhuman or De- own history, and America’s struggle tional framers would have to say about grading Treatment or Punishment, done at that led to the ideas that are enshrined New York December 10, 1984; such actions. Whereas the Government of Bahrain had in our Constitution. Freedom of So what’s the Administration’s re- made several notable human rights reforms speech. Freedom of religion. The right sponse to Bahrain’s actions? What’s during the 2000s; of people to peaceably assemble, and to our government’s response to these Whereas, despite those reforms, significant petition their government for a redress human rights violations? Well, Mr. human rights concerns remained in early of grievances. The Arab Spring, re- President, the Administration has pub- 2011, including the alleged mistreatment of minds us that these freedoms are in- licly called for an end to the violence. detained persons and the discrimination deed universally sought. against certain Bahraini citizens in the po- Secretary Clinton has said that the litical, economic, and professional spheres of The United States should stick up for murder of unarmed protesters must Bahrain; individuals seeking such freedoms. not stop. Whereas this discrimination has included reward those who violently suppress However, at the same time, the Ad- the banning of particular religious groups such aspirations. ministration formally notified Con- from holding specific government positions, Selling weapons to the Government gress on September 14 of its plans to including the military and security services, of Bahrain right now is about as back- sell the ruling regime of Bahrain 44 Ar- without reasonable justification; wards as a teacher giving the play- mored High Mobility Multipurpose Whereas hundreds of thousands of pro- ground bully a pair of brass knuckles testers in the Kingdom of Bahrain have sig- Wheeled Vehicles, over 200 anti-tank nificantly intensified their calls for govern- instead of putting him in detention. missiles and 50 bunker buster missiles, ment reform and respect for human rights When the rulers of Bahrain are com- 48 missile launchers, spare parts, sup- starting in February 2011; mitting human right abuses against port and test equipment, personnel Whereas independent observers, including peaceful protesters, should we really be training and training equipment, tech- the Department of State, Human Rights rewarding this type of behavior? nical and logistics support services, Watch, Human Rights First, Amnesty Inter- First, some context. Protests erupted among other things, all for 53 million national, and Freedom House, found that the in Bahrain on the heels of protests in dollars. The State Department also no- majority of protesters have been peaceful in their demands, and that acts of violence by neighboring Tunisia and Egypt, as part tified Congress that it is preparing to of what is being called the Arab Spring. protesters have been rare; send $15.5 million in Foreign Military Whereas the Government of Bahrain has For many years the Shiite majority of Financing to Bahrain. systematically suppressed the protests Bahrain has been ruled by a Sunni Like I said we are giving the bully through a wide range of acts constituting se- royal family that has excluded most brass knuckles—and then some. rious and grave violations of human rights; Shiites from political power and eco- Should our country really reward a Whereas, according to the Project of Mid- nomic opportunity. When the people of regime that has stifled its citizen’s dle East Democracy, at least 32 people have Bahrain went to the streets to protest, freedom of speech; a regime that has been killed by the Government of Bahrain’s the government responded with crush- openly fired on peacefully assembled security forces since February 2011; ing force. Police opened fire on un- Whereas at least three deaths occurred protestors; a regime who has tortured while the individuals were in detention, ac- armed demonstrators, killing seven doctors for simply treating their fellow cording to the Ministry of Interior of the and seriously wounding hundreds. citizens? Government of Bahrain; Protestors and dissident leaders were I cannot support this sale while these Whereas there have been credible reports rounded up and arrested. abuses continue. That is why I, along from Human Rights Watch, Human Rights

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.046 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6348 CONGRESSIONAL RECORD — SENATE October 6, 2011 First, Physicians for Human Rights, and the June 15, 2011, submission to the United Na- tives (Majlis an-nuwab) in a proportional Bahrain Center for Human Rights of severe tions Human Rights Council; manner that allots the same number of resi- mistreatment of detainees, including acts Whereas the Government of Bahrain has dents, or reasonably nearly the same number rising to the level of torture; taken limited positive measures in recent of residents with minimal variation, for each Whereas the Government of Bahrain has months, including agreeing to allow the es- district; investigated and prosecuted individuals who tablishment of the Bahrain Independent (8) the Government of Bahrain has lifted were only peacefully exercising their rights Commission of Inquiry (BICI) composed of restrictions on government employment, in- to freedom of expression, political opinion, well-renowned international human rights cluding in the military and security forces, and assembly; experts who are authorized to investigate based on discriminatory grounds such as re- Whereas the Government of Bahrain has human rights violations and recommend ligion and political opinion; continued to prosecute civilians, including measures for accountability; (9) the Government of Bahrain has rein- medical professionals, in military-security Whereas the BICI human rights report is stated all public and government-invested courts; due to be submitted to the Government of enterprises’ employees who were dismissed Whereas cases continued to be tried in the Bahrain on October 30, 2011; from their workplace for peacefully exer- military-security courts despite promises by Whereas the Department of Defense noti- cising their right to freedom of expression, the Government of Bahrain to transfer those fied Congress on September 14, 2011, of a pro- political opinion, and assembly; cases to civilian venues; posed military arms sale to Bahrain worth (10) the Government of Bahrain has set Whereas the military-security courts’ pro- approximately $53,000,000; standards for private sector compliance cov- cedures and actions severely limited due Whereas the Department of State notified ering the reinstatement of its employees who process rights or complied with due process Congress on September 13, 2011, of a proposed were dismissed from their workplace for formally rather than substantively; obligation of Foreign Military Funds in the peacefully exercising their right to freedom Whereas the Government of Bahrain’s re- amount of $15,461,000 for the upgrading and of expression, political opinion, and assem- cent promises to have civilian courts hear maintenance of certain military equipment; bly; the appeals from military-security courts Whereas other military allies of the United (11) the Government of Bahrain is pro- are insufficient to rectify the due process States, including the United Kingdom, tecting the right of all individuals, including violations that occurred at the trial stage; France, Spain, and Belgium, have suspended political opponents of the Government, to Whereas the Government of Bahrain has or limited certain licenses and arms sales to peacefully exercise their right to freedom of moved quickly to prosecute and sentence po- Bahrain since February 2011; expression, political opinion, and assembly litical opponents to lengthy prison terms, Whereas evidence gathered from protesters without fear of retribution; while at the same time slowly investigating, by the Bahrain Center for Human Rights in- (12) the Government of Bahrain has ceased or failing to investigate at all, government dicated that tear gas canisters used against using the media under its control to threat- and security officials who appear to have peaceful protesters contained markings en the physical safety and integrity of polit- committed or assisted in human rights viola- which showed they were manufactured in the ical opponents and other Bahraini citizens, tions against political opponents; United States; and particularly those in the Shi’a community; Whereas Physicians for Human Rights has Whereas providing military equipment and (13) the Government of Bahrain is permit- documented that the Government of Bah- provisions for upgrades to a government that ting the entry of international journalists to rain’s security forces have targeted medical commits human rights violations and that Bahrain except in extremely exceptional personnel by abducting medical workers, has undertaken insufficient measures to seek cases where the Government clearly shows abusing patients, intimidating wounded pro- reform and accountability is at odds with with evidence and in good faith that the testers from accessing medical treatment, United States foreign policy goals of pro- entry of an international journalist is a le- and sentencing medical professionals to moting democracy, human rights, account- gitimate safety or security concern; lengthy prison terms in the military-secu- ability, and stability: Now, therefore, be it (14) the Bahrain Commission of Inquiry rity courts for protesting the government’s Resolved by the Senate and House of Rep- (BICI) has submitted its final report to the resentatives of the United States of America in interference in treating injured protesters; Government of Bahrain; Congress assembled, Whereas the Government of Bahrain has (15) the BICI’s final report’s factual find- destroyed more than 40 Shi’a mosques and SECTION 1. LIMITATION ON CERTAIN PROPOSED ings and conclusions are consistent with in- SALES OF DEFENSE ARTICLES AND religious sites throughout Bahrain since formation known to the Secretary of State DEFENSE SERVICES TO THE KING- about the human rights violations occurring February 2011; DOM OF BAHRAIN. in Bahrain since February 2011; Whereas Bahrain’s legislative lower house, (a) LIMITATION.—The issuance of a letter of the Council of Representatives (Majlis an- offer with respect to each proposed sale of (16) the Government of Bahrain is under- nuwab) is constituted of disproportionately defense articles and defense services to the taking good faith implementation of all rec- drawn districts that violates the principle of Kingdom of Bahrain referred to in subsection ommendations from the BICI’s final report equal suffrage for Bahraini citizens, particu- (b) is hereby prohibited unless the Secretary that address alleged human rights violations larly the Shi’a community; of State certifies to the Committee on For- by the Government of Bahrain since Feb- Whereas the Government of Bahrain em- eign Relations of the Senate and the Com- ruary 2011; and ployed tactics of retribution against per- mittee on Foreign Affairs of the House of (17) the Government of Bahrain has under- ceived political opponents, dismissing more Representatives that— taken a good faith dialogue among all key than 2,500 workers, academics, medics, and (1) the Government of Bahrain is con- stakeholders in Bahrain which is producing other professionals from their places of em- ducting good faith investigations and pros- substantive recommendations for genuine re- ployment; ecutions of alleged perpetrators responsible forms that meet the reasonable democratic Whereas the Government of Bahrain has for the killing, torture, arbitrary detention, aspirations of Bahrain’s citizens and comply violated international labor standards and other human rights violations com- with universal human rights standards. through the dismissals of the aforemen- mitted since February 2011; (b) PROPOSED SALES OF DEFENSE ARTICLES tioned citizens; (2) the prosecutions of alleged perpetrators AND DEFENSE SERVICES.—The proposed sales Whereas the Department of Labor has re- in paragraph (1) is being carried out in trans- of defense articles and defense services to ceived an official complaint regarding the parent judicial proceedings conducted in full the Government of Bahrain referred to in failure of the Government of Bahrain to live accordance with Bahrain’s international this subsection are those specified in the cer- up to its commitments with respect to work- legal obligations; tifications transmitted to the Speaker of the ers’ rights under its Free Trade Agreement (3) the Government of Bahrain has ceased House of Representatives and the Chairman with the United States; all acts of torture and other inhumane treat- of the Committee on Foreign Relations of Whereas the state-run media of Bahrain ment in its detention facilities; the Senate pursuant to section 36(b) of the have gone beyond legitimate criticism of po- (4) the Government of Bahrain has released Arms Export Control Act (22 U.S.C. 2776(b)) litical opponents towards explicitly and im- and withdrawn criminal charges against all on September 14, 2011 (Transmittal Number plicitly threatening the physical safety and individuals who were peacefully exercising 10–71). integrity of those opponents specifically and their right to freedom of expression, polit- f the Shi’a community generally, creating ical opinion, and assembly; greater animosity amongst the entire popu- (5) the Government of Bahrain is permit- SUBMITTED RESOLUTIONS lation and making reconciliation of all Bah- ting nondiscriminatory medical treatment of raini citizens more difficult; the sick and injured, and is ensuring Whereas the Government of Bahrain has unhindered access to medical care and treat- SENATE RESOLUTION 288—DESIG- expelled international journalists and ment for all patients; NATING THE WEEK BEGINNING stopped issuing visas to journalists on (6) the Government of Bahrain is pro- OCTOBER 9, 2011, AS ‘‘NATIONAL grounds that do not appear to be justified by tecting all Shi’a mosques and religious sites WILDLIFE REFUGE WEEK’’ legitimate safety or security concerns; and is rebuilding all Shi’a mosques and reli- Whereas the Department of State included gious sites destroyed since February 2011; Mr. COONS (for himself, Mr. SES- Bahrain among a list of countries necessi- (7) the Government of Bahrain has redrawn SIONS, Mr. CARDIN, Mr. ALEXANDER, tating additional human rights scrutiny in a the districts of the Council of Representa- Mrs. MURRAY, Mr. LIEBERMAN, Mr.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.047 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6349 REED, Mr. WYDEN, Mr. BINGAMAN, Mr. annually, the equivalent of 665 full-time em- SENATE RESOLUTION 289—CELE- WHITEHOUSE, Mr. UDALL of New Mex- ployees, and provide an important link with BRATING THE LIFE AND ico, Mr. BROWN of Massachusetts, Ms. local communities; ACHIEVEMENTS OF REVEREND COLLINS, Mr. COCHRAN, and Mr. Whereas national wildlife refuges provide FRED LEE SHUTTLESWORTH MERKLEY) submitted the following res- an important opportunity for children to dis- AND HONORING HIM FOR HIS olution; which was considered and cover and gain a greater appreciation for the TIRELESS EFFORTS IN THE natural world; agreed to: FIGHT AGAINST SEGREGATION Whereas because there are national wild- AND HIS STEADFAST COMMIT- S. RES. 288 life refuges located in several urban and sub- Whereas in 1903, President Theodore Roo- urban areas and 1 refuge located within an MENT TO THE CIVIL RIGHTS OF sevelt established the first national wildlife hour’s drive of every metropolitan area in ALL PEOPLE refuge on Florida’s Pelican Island; the United States, national wildlife refuges Mr. BROWN of Ohio (for himself, Mr. Whereas in 2011, the National Wildlife Ref- employ, educate, and engage young people SHELBY, Mr. SESSIONS, Mr. PORTMAN, uge System, administered by the Fish and from all backgrounds in exploring, con- Mr. LEVIN, Mr. MENENDEZ, Mr. CARDIN, Wildlife Service, is the premier system of necting with, and preserving the natural her- lands and waters to conserve wildlife in the Mr. LAUTENBERG, Mr. INHOFE, Ms. MI- itage of the Nation; world, and has grown to more than 150,000,000 KULSKI, and Mr. REID of Nevada) sub- Whereas since 1995, refuges across the Na- acres, 553 national wildlife refuges, and 38 mitted the following resolution; which wetland management districts in every State tion have held festivals, educational pro- was considered and agreed to: grams, guided tours, and other events to cel- and territory of the United States; S. RES. 289 ebrate National Wildlife Refuge Week during Whereas national wildlife refuges are im- Whereas the Reverend Fred Lee the second full week of October; portant recreational and tourism destina- Shuttlesworth was born on March 18, 1922, in Whereas the Fish and Wildlife Service will tions in communities across the Nation, and Mount Meigs, Alabama; these protected lands offer a variety of rec- continue to seek stakeholder input on the Whereas Reverend Shuttlesworth, a former reational opportunities, including 6 wildlife- implementation of the recommendations in truck driver who studied theology at night, dependent uses that the National Wildlife the document entitled ‘‘Conserving the Fu- was ordained in 1948; Refuge System manages: hunting, fishing, ture: Wildlife Refuges and the Next Genera- Whereas Reverend Shuttlesworth became wildlife observation, photography, environ- tion’’, which is an update to the strategic pastor of Bethel Baptist Church in Bir- mental education, and interpretation; plan of the Fish and Wildlife Service for the mingham, Alabama, in 1953, and was an out- Whereas more than 370 units of the Na- future of the National Wildlife Refuge Sys- spoken leader in the fight for racial equality; tional Wildlife Refuge System have hunting tem; Whereas Reverend Shuttlesworth worked programs and more than 350 units of the Na- Whereas the week beginning on October 9, alongside Dr. Martin Luther King, Jr. and tional Wildlife Refuge System have fishing 2011, has been designated as ‘‘National Wild- was hailed by Dr. King for his courage and programs, averaging more than 2,500,000 life Refuge Week’’ by the Fish and Wildlife energy in the fight for civil rights; hunting visits and more than 7,100,000 fishing Service; Whereas, in May 1956, Reverend visits; Whereas in 2011, the designation of Na- Shuttlesworth established the Alabama Whereas the National Wildlife Refuge Sys- tional Wildlife Refuge Week would recognize Christian Movement for Human Rights when tem experiences 28,200,000 wildlife observa- the National Association for the Advance- more than a century of conservation in the tion visits annually; ment of Colored People was banned from Whereas national wildlife refuges are im- United States and would serve to raise Alabama by court injunction; portant to local businesses and gateway awareness about the importance of wildlife Whereas, in a brazen attempt to threaten communities; and the National Wildlife Refuge System and Reverend Shuttleworth’s resolve and com- Whereas for every $1 appropriated, na- to celebrate the myriad recreational oppor- mitment to the fight for equality and jus- tional wildlife refuges generate $4 in eco- tunities available to enjoy this network of tice, 6 sticks of dynamite were detonated nomic activity; protected lands: Now, therefore, be it outside Reverend Shuttlesworth’s bedroom Whereas the National Wildlife Refuge Sys- Resolved, That the Senate— window on Christmas Day, 1956; tem experiences approximately 45,700,000 vis- (1) designates the week beginning on Octo- Whereas, on the day after the attack on his its every year, generating nearly ber 9, 2011, as ‘‘National Wildlife Refuge home, on December 26, 1956, an undeterred $1,700,000,000 and 27,000 jobs in local econo- Week’’; Reverend Shuttlesworth courageously con- mies; tinued the fight for equal rights, leading 250 (2) encourages the observance of National Whereas the National Wildlife Refuge Sys- people in a protest of segregated buses in Wildlife Refuge Week with appropriate tem encompasses every kind of ecosystem in Birmingham; events and activities; the United States, including temperate, Whereas Reverend Shuttlesworth was beat- tropical, and boreal forests, wetlands, (3) acknowledges the importance of na- en with chains and brass knuckles by a mob deserts, grasslands, arctic tundras, and re- tional wildlife refuges for their recreational of Ku Klux Klansmen in 1957 when he tried to mote islands, and spans 12 time zones from opportunities and contribution to local enroll his children in a segregated school in the Virgin Islands to Guam; economies across the United States; Birmingham; Whereas national wildlife refuges are home (4) pronounces that national wildlife ref- Whereas Reverend Shuttlesworth co-found- to more than 700 species of birds, 220 species uges play a vital role in securing the hunting ed the Southern Christian Leadership Con- of mammals, 250 species of reptiles and am- and fishing heritage of the United States for ference in 1957, serving as the first secretary phibians, and more than 1,000 species of fish; future generations; of the organization from 1958 to 1970 and as Whereas national wildlife refuges are the (5) identifies the significance of national its president in 2004; primary Federal lands that foster produc- wildlife refuges in advancing the traditions Whereas Reverend Shuttlesworth partici- tion, migration, and wintering habitat for of wildlife observation, photography, envi- pated in protesting segregated lunch waterfowl; ronmental education, and interpretation; counters and helped lead sit-ins in 1960; Whereas since 1934, more than $750,000,000 (6) recognizes the importance of national Whereas Reverend Shuttlesworth worked in funds, from the sale of the Federal Duck wildlife refuges to wildlife conservation and with the Congress of Racial Equality to or- Stamp to outdoor enthusiasts, has enabled the protection of imperiled species and eco- ganize the Freedom Rides against segregated the purchase or lease of more than 5,300,000 systems, as well as compatible uses; interstate buses in the South in 1961; acres of waterfowl habitat in the National (7) acknowledges the role of national wild- Whereas it was Reverend Shuttlesworth Wildlife Refuge System; who called upon Attorney General Robert life refuges in conserving waterfowl and wa- Whereas 59 refuges were established spe- Kennedy to protect the Freedom Riders; terfowl habitat pursuant to the Migratory cifically to protect imperiled species, and of Whereas Reverend Shuttlesworth freed a Bird Treaty Act (40 Stat. 755, chapter 128); the more than 1,300 federally listed threat- group of Freedom Riders from jail and drove ened and endangered species in the United (8) reaffirms the support of the Senate for them to the Tennessee State line to safety; States, 280 species are found on units of the wildlife conservation and the National Wild- Whereas, in 1963, Reverend Shuttlesworth National Wildlife Refuge System; life Refuge System; and persuaded Dr. King to bring the civil rights Whereas national wildlife refuges are cores (9) expresses the intent of the Senate— movement to Birmingham; of conservation for larger landscapes and re- (A) to continue working to conserve wild- Whereas, in the spring of 1963, Reverend sources for other agencies of the Federal life; and Shuttlesworth designed a mass campaign Government and State governments, private (B) to manage the National Wildlife Refuge that included a series of nonviolent sit-ins landowners, and organizations in their ef- System for current and future generations. and marches against illegal segregation by forts to secure the wildlife heritage of the Black children, students, clergymen, and United States; others; Whereas 39,000 volunteers and more than Whereas, in 1963, while leading a non- 220 national wildlife refuge ‘‘Friends’’ orga- violent protest against segregation in Bir- nizations contribute nearly 1,400,000 hours mingham, Reverend Shuttlesworth was

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slammed against a wall and knocked uncon- S. RES. 290 On page 2, line 12, strike ‘‘ ‘27 years’ or ‘27- scious by the force of the water pressure Whereas Jumpstart, a national early edu- year period’ ’’ and insert ‘‘ ‘26 years’ or ‘26- from fire hoses turned on demonstrators at cation organization, is working to ensure year period’ ’’. the order of Bull Connor, the Commissioner that all children in the United States enter of Public Safety; school prepared to succeed; SA 737. Mr. REID (for Mr. BROWN of Whereas the televised images of Connor di- Whereas, year-round, Jumpstart recruits Massachusetts) proposed an amend- recting the use of firefighters’ hoses and po- and trains college students and community ment to the resolution S. Res. 201, ex- lice dogs to attack nonviolent demonstra- members to serve preschool children in low- pressing the regret of the Senate for tors, and to arrest those undeterred by vio- income neighborhoods, helping them to de- lence, had a profound effect on the view of the passage of discriminatory laws velop the key language and literacy skills against the Chinese in America, includ- the civil rights struggle by citizens of the necessary to succeed in school and in life; United States; Whereas, since 1993, Jumpstart has en- ing the Chinese Exclusion Act; as fol- Whereas as a result of those violent im- gaged more than 20,000 adults in service to lows: ages, President John Fitzgerald Kennedy more than 90,000 young children in commu- On page 9, line 1, strike ‘‘That the called the fight for equality a moral issue; nities across the United States; Senate—’’. Whereas those violent images helped lead Whereas Jumpstart’s Read for the Record, On page 9, between lines 1 and 2, insert the to the passage of the Civil Rights Act of 1964 presented in partnership with the Pearson following: (Public Law 88-352; 78 Stat. 241); Foundation, is a national campaign that mo- Whereas, in his 1963 book ‘‘Why We Can’t SECTION 1. ACKNOWLEDGMENT AND EXPRES- bilizes adults and children in an effort to SION OF REGRET. Wait’’, Dr. King called Reverend close the early education achievement gap in The Senate— Shuttlesworth ‘‘one of the nation’s most the United States by setting a reading world On page 10, strike line 1 and all that fol- courageous freedom fighters . . . a wiry, ener- record; getic, and indomitable man’’; lows through ‘‘(3)’’ on line 5, and insert ‘‘(2)’’. Whereas the goals of the campaign are to Whereas, in March 1965, Reverend On page 10, line 11, strike ‘‘(4)’’ and insert raise awareness in the United States of the Shuttlesworth helped organize the historic ‘‘(3)’’. march from Selma to Montgomery to protest importance of early education, provide books On page 10, after line 15, add the following: voting discrimination in Alabama; to children in low-income households SEC. 2. DISCLAIMER. Whereas Reverend Shuttlesworth became through donations and sponsorship, and cele- Nothing in this resolution may be con- pastor of the Greater New Light Baptist brate the commencement of Jumpstart’s pro- strued— Church in Cincinnati, Ohio, in 1966 and gram year; (1) to authorize or support any claim served as pastor until his retirement in 2006; Whereas October 6, 2011, would be an appro- against the United States; or Whereas Reverend Shuttlesworth advo- priate date to designate as ‘‘Jumpstart’s (2) to serve as a settlement of any claim cated for racial justice in Cincinnati and for Read for the Record Day’’ because it is the against the United States. date Jumpstart aims to set the world record increased minority representation in the f public institutions of Cincinnati, including for the largest shared reading experience; the police department and city council; and AUTHORITY FOR COMMITTEES TO Whereas, in the 1980s, Reverend Whereas Jumpstart hopes to engage more MEET Shuttlesworth established the Shuttlesworth than 2,100,000 children in reading Anna Housing Foundation in Cincinnati, which Dewdney’s ‘‘Llama Llama Red Pajama’’ dur- COMMITTEE ON BANKING, HOUSING, AND URBAN helped low-income families in Cincinnati be- ing this record-breaking celebration of read- AFFAIRS come homeowners; ing, service, and fun, all in support of pre- Mr. SCHUMER. Mr. President, I ask Whereas, in 2001, President William Jeffer- school children in the United States: Now, unanimous consent that the Com- son Clinton awarded Reverend Shuttlesworth therefore, be it Resolved, That the Senate— mittee on Banking, Housing, and a Presidential Citizens Medal for his leader- Urban Affairs, be authorized to meet ship in the ‘‘nonviolent civil rights move- (1) supports the designation of October 6, ment of the 1950s and 60s, leading efforts to 2011, as ‘‘Jumpstart’s Read for the Record during the session of the Senate on Oc- integrate Birmingham, Alabama’s schools, Day’’; tober 6, 2011, at 10 a.m. buses, and recreational facilities’’; (2) commends Jumpstart’s Read for the The PRESIDING OFFICER. Without Whereas the Birmingham international Record in its sixth year; objection, it is so ordered. (3) encourages adults, including grand- airport was named for Reverend COMMITTEE ON COMMERCE, SCIENCE, AND parents, parents, teachers, and college stu- Shuttlesworth in 2008, and is now known as TRANSPORTATION dents— the Birmingham-Shuttlesworth Inter- Mr. SCHUMER. Mr. President, I ask national Airport; (A) to join children in creating the world’s Whereas Reverend Shuttlesworth was in- largest shared reading experience; and unanimous consent that the Com- ducted into the Ohio Civil Rights Commis- (B) to show their support for early literacy mittee on Commerce, Science, and sion Hall of Fame in 2009; and Jumpstart’s early education program- Transportation be authorized to meet Whereas in Reverend Shuttlesworth’s final ming for young children in low-income com- during the session of the Senate on Oc- sermon he said ‘‘the best thing we can do is munities; and tober 6, 2011. be a servant of God . . . it does good to stand (4) respectfully requests the Secretary of The PRESIDING OFFICER. Without the Senate to transmit a copy of this resolu- up and serve others’’; and objection, it is so ordered. Whereas upon the death of Reverend tion to Jumpstart, one of the leading non- Shuttlesworth, President Barack Hussein profit organizations in the United States in COMMITTEE ON FINANCE Obama said of Reverend Shuttlesworth that the field of early education. Mr. SCHUMER. Mr. President, I ask he ‘‘dedicated his life to advancing the cause f unanimous consent that the Com- of justice for all Americans. He was a testa- mittee on Finance be authorized to ment to the strength of the human spirit. AMENDMENTS SUBMITTED AND PROPOSED meet during the session of the Senate And today we stand on his shoulders, and the on October 6, 2011, at 10 a.m., in room shoulders of all those who marched and sat SA 736. Mr. REID (for Mr. COBURN) pro- 215 of the Dirksen Senate Office Build- and lifted their voices to help perfect our posed an amendment to the bill H.R. 2944, to ing, to conduct a hearing entitled ‘‘Tax union’’: Now, therefore, be it provide for the continued performance of the Resolved, That the Senate celebrates the functions of the United States Parole Com- Reform Options: Incentives for Home- life and achievements of Reverend Fred Lee mission, and for other purposes. ownership.’’ Shuttlesworth and honors him for his tire- SA 737. Mr. REID (for Mr. BROWN of Massa- The PRESIDING OFFICER. Without less efforts in the fight against segregation chusetts) proposed an amendment to the res- objection, it is so ordered. and his steadfast commitment to the civil olution S. Res. 201, expressing the regret of COMMITTEE ON INDIAN AFFAIRS rights of all people. the Senate for the passage of discriminatory Mr. SCHUMER. Mr. President, I ask f laws against the Chinese in America, includ- ing the Chinese Exclusion Act. unanimous consent that the Com- SENATE RESOLUTION 290—SUP- f mittee on Indian Affairs be authorized PORTING THE DESIGNATION OF to meet during the session of the Sen- OCTOBER 6, 2011, AS TEXT OF AMENDMENTS ate on October 6, 2011, at 2:15 p.m. in ‘‘JUMPSTART’S READ FOR THE SA 736. Mr. REID (for Mr. COBURN) room 628 of the Dirksen Senate Office RECORD DAY’’ proposed an amendment to the bill Building to conduct a hearing entitled Mrs. MURRAY (for herself, Mr. ISAK- H.R. 2944, to provide for the continued ‘‘Internet Infrastructure in Native SON, and Mr. BEGICH) submitted the fol- performance of the functions of the Communities: Equal Access to E-Com- lowing resolution; which was consid- United States Parole Commission, and merce, Jobs and the Global Market- ered and agreed to: for other purposes; as follows: place.’’

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.048 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6351 The PRESIDING OFFICER. Without modernizing America, and to provide path- discussion in my caucus on Tuesday, objection, it is so ordered. ways back to work for Americans looking for and I have spoken with the House. I jobs. COMMITTEE ON THE JUDICIARY have been given a guarantee from the CLOTURE MOTION Mr. SCHUMER. Mr. President, I ask Speaker that the trade adjustment as- unanimous consent that the Com- Mr. REID. I have a cloture motion at sistance bill will pass there next week. mittee on the Judiciary be authorized the desk. f to meet during the session of the Sen- The PRESIDING OFFICER. The clo- ture motion having been presented UNANIMOUS CONSENT AGREE- ate, on October 6, 2011, at 10 a.m., in MENT—EXECUTIVE CALENDAR SD–226 of the Dirksen Senate Office under rule XXII, the clerk will report Building, to conduct and executive the motion. Mr. REID. Mr. President, I ask unan- The assistant legislative clerk read business meeting. imous consent that on Tuesday, Octo- as follows: The PRESIDING OFFICER. Without ber 11, 2011, at 5:30 p.m., the Senate objection, it is so ordered. CLOTURE MOTION proceed to executive session to con- We, the undersigned Senators, in accord- sider Calendar No. 250; that there be 2 SELECT COMMITTEE ON INTELLIGENCE ance with the provisions of rule XXII of the minutes for debate equally divided in Mr. SCHUMER. Mr. President, I ask Standing Rules of the Senate, hereby move the usual form; that upon the use or unanimous consent that the Select to bring to a close debate on the motion to yielding back of that time, the Senate proceed to Calendar No. 187, S. 1660, the Committee on Intelligence be author- proceed to a vote, with no intervening ized to meet during the session of the American Jobs Act of 2011. Harry Reid, Richard J. Durbin, Charles action or debate, on Calendar No. 250; Senate on October 6, 2011, at 2:30 p.m. that the motion to reconsider be con- The PRESIDING OFFICER. Without E. Schumer, Sherrod Brown, Robert Menendez, Mark Begich, Barbara sidered made and laid upon the table objection, it is so ordered. Boxer, Debbie Stabenow, Richard with no intervening action or debate; SUBCOMMITTEE ON CHILDREN’S HEALTH AND Blumenthal, Sheldon Whitehouse, Ber- that any related statements be printed ENVIRONMENTAL RESPONSIBILITY nard Sanders, John F. Kerry, Frank R. in the RECORD; that the President be Mr. SCHUMER. Mr. President, I ask Lautenberg, Jeff Merkley, Barbara A. immediately notified of the Senate’s unanimous consent that the Sub- Mikulski, Benjamin L. Cardin, Patrick J. Leahy. action; and that the consent agreement committee on Children’s Health and entered into on September 26, 2011, re- Mr. REID. I ask unanimous consent Environmental Responsibility of the main in effect and the Senate then re- that the mandatory quorum under rule Committee on Environment and Public sume legislative session. XXII be waived; further that following Works be authorized to meet during The PRESIDING OFFICER. Without the vote on passage of S. 1619 on Tues- the session of the Senate on October 6, objection, it is so ordered. 2011, in Dirksen 406 to conduct a hear- day, October 11, there be up to 5 min- f ing entitled, ‘‘Oversight Hearing on utes equally divided between the two Federal Actions to Clean Up Contami- leaders or their designees prior to a UNITED STATES PAROLE nation from Legacy Uranium Mining vote on the motion to invoke cloture COMMISSION ACT OF 2011 and Milling Operations.’’ on the motion to proceed to S. 1660. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without imous consent that the Senate proceed objection, it is so ordered. objection, it is so ordered. to the consideration of H.R. 2944, which Mr. REID. I now withdraw my mo- WESTERN HEMISPHERE, PEACE CORPS, AND was received from the House and is at tion to proceed. GLOBAL NARCOTICS AFFAIRS SUBCOMMITTEE the desk. Mr. SCHUMER. Mr. President, I ask f The PRESIDING OFFICER. Without unanimous consent that the Com- UNANIMOUS CONSENT AGREE- objection, it is so ordered. mittee on Foreign Relations be author- MENT—H.R. 3080, H.R. 3079, H.R. The clerk will report the bill by title. ized to meet during the session of the 3078 The legislative clerk read as follows: Senate on October 6, 2011, at 10:30 a.m., Mr. REID. I ask unanimous consent A bill (H.R. 2944) to provide for the contin- to hold a Western Hemisphere, Peace that notwithstanding not having re- ued performance of the functions of the Corps, and Global Narcotics Affairs United States Parole Commission, and for ceived the following bills from the other purposes. subcommittee hearing entitled, ‘‘Peace House: H.R. 3080, H.R. 3079, H.R. 3078, Corps, the Next 50 Years.’’ the Senate proceed to their consider- There being no objection, the Senate The PRESIDING OFFICER. Without ation en bloc at a time to be deter- proceeded to consider the bill. objection, it is so ordered. mined by the majority leader after con- Mr. LEAHY. Mr. President, I am f sultation with the Republican leader; pleased that Members of the House from both parties acted quickly to re- PRIVILEGES OF THE FLOOR that there be up to 12 hours of debate equally divided between the two lead- authorize the U.S. Parole Commission. Mr. RUBIO. Mr. President, I ask ers or their designees; that upon the I was glad to help move this important unanimous consent that Viviano Bovo, use or yielding back of that time and measure in the Senate, and am dis- a member of my staff, be granted the the receipt of the papers from the appointed that we were forced to ac- privilege of the floor during today’s House, the Senate proceed to votes on cept this unnecessary amendment to session. passage of the bills in the order listed shorten the bipartisan House bill. To- The PRESIDING OFFICER. Without above; finally, that there be no amend- day’s amendment wastes valuable time objection, it is so ordered. ments, points of order, or motions in and resources by forcing Congress to f order to any of the bills other than reauthorize the Commission again in budget points of order and the applica- another 2 years, instead of working to- AMERICAN JOBS ACT OF 2011— ward a more permanent solution. MOTION TO PROCEED ble motions to waive. The PRESIDING OFFICER. Without Although Federal parole was abol- Mr. REID. Mr. President, I now ask objection, it is so ordered. ished decades ago, the U.S. Parole unanimous consent that notwith- Mr. REID. Mr. President, I ask unan- Commission still has jurisdiction over standing the provisions of rule XXII, I imous consent that this agreement be thousands of offenders in the District move to proceed to Calendar No. 187, S. modified to ensure that Senator BAU- of Columbia, as well as some in other 1660. CUS has 20 minutes, that Senator parts of the country. Without reau- The PRESIDING OFFICER. Without BROWN of Ohio has 1 hour, and that thorization, we faced the risk that of- objection, it is so ordered. Senator SANDERS has 1 hour. fenders would be released early without The clerk will report the bill by title. If the Republicans wish additional the proper public safety assessment. I The assistant legislative clerk read time, they can request that. believe that passing this bill promotes as follows: The PRESIDING OFFICER. Without public safety and fairness. A bill (S. 1660) to provide tax relief for objection, it is so ordered. I would like to commend Chairman American workers and businesses, to put Mr. REID. Mr. President, so that ev- LAMAR SMITH and Ranking Member workers back on the job while rebuilding and eryone understands, there was some JOHN CONYERS of the House Judiciary

VerDate Mar 15 2010 05:32 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.054 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6352 CONGRESSIONAL RECORD — SENATE October 6, 2011 Committee and Representative BOBBY and conduct of such organizations and local Congress allowed fear and ignorance to SCOTT of Virginia and Representative chapters;’’. drive our Nation’s immigration policy JIM SENSENBRENNER of Wisconsin for f and, for the first time, to exclude from joining together to originate this bill EXPRESSING SENATE REGRET our country a single group of people and move it through the House Judici- based solely on their race. ary Committee and the House. Mr. REID. Mr. President, I ask unan- That was wrong. Ours in a Nation of imous consent that the Judiciary Com- AMENDMENT NO. 736 immigrants and of equality and these mittee be discharged from further con- Mr. REID. Mr. President, I ask unan- laws offended both of those funda- sideration of and the Senate proceed to imous consent that a Coburn amend- mental precepts of America. S. Res. 201. While Congress was right to repeal ment, which is at the desk, be agreed The PRESIDING OFFICER. Without the Chinese Exclusions Laws in 1943, it to, the bill, as amended, be read the objection, it is so ordered. is important to note that Congress was third time and passed, the motions to The clerk will report the resolution motivated primarily by the fear that reconsider be laid upon the table, with by title. the Japanese would use the racist laws no intervening action or debate, and The assistant legislative clerk read as part of its propaganda campaign to that any statements related to the bill as follows: drive a wedge between the U.S. and its be printed in the RECORD. Chinese allies. The repeal of the Chi- The PRESIDING OFFICER. Without A resolution (S. Res. 201) expressing the re- gret of the Senate for the passage of dis- nese Exclusions Laws was not accom- objection, it is so ordered. criminatory laws against the Chinese in panied by any genuine sense of regret The amendment (No. 736) was agreed America, including the Chinese Exclusion for the decades of discriminatory poli- to, as follows: Act. cies, or any proclamation by the Con- (Purpose: To authorize a 2 year extension of There being no objection, the Senate gress that it would guard in the future the Parole Commission) proceeded to consider the resolution. against the type of racism and xeno- On page 2, line 12, strike ‘‘ ‘27 years’ or ‘27- Mr. LEAHY. Mr. President, begin- phobia that allowed such laws to pass year period’ ’’ and insert ‘‘ ‘26 years’ or ‘26- ning more than 140 years ago, Congress year period’ ’’. in the first place. Instead, the exclu- enacted a series of racist and discrimi- sion laws were simply supplanted by The amendment was ordered to be natory laws directed specifically at application of strict race-based quotas engrossed and the bill to be read a persons of Chinese descent. Collec- that remained in place for more than 20 third time. tively known as the Chinese Exclusion years. Let us not forget that at the The bill (H.R. 2944), as amended, was Laws, these laws remained in force for same time that Congress was repealing read the third time and passed. more than 60 years, and were repealed the Chinese Exclusion Laws, the U.S. f only as a matter of wartime expediency Government was imprisoning thou- AMERICAN LEGION during World War II. These laws con- sands of loyal Americans of Japanese AUTHORIZATION flicted directly with the fundamental descent in internment camps through- principles of equality and justice upon Mr. REID. Mr. President, I ask unan- out the West. Thus, the repeal of the which our Nation was founded. It is exclusion laws in 1943 can hardly be imous consent that the Judiciary Com- long past time for Congress to affirma- mittee be discharged from further con- viewed as a genuine acknowledgement tively reject the ignorance and hate by Congress of the racist nature of its sideration of S. 1639. that spurred passage of those laws. The PRESIDING OFFICER. Without actions. In order to close the book on S. Res. 201 reflects the Senate’s re- this series of unjust laws, I urge sup- objection, it is so ordered. gret for the passage of those unjust The clerk will report the bill by title. port of this resolution to express the laws, but also affirms our commitment Senate’s regret, albeit belatedly, for The assistant legislative clerk read to ensuring that such policies never be- as follows: these shameful pieces of legislation. come law again. I commend the indi- Going forward, this resolution also A bill (S. 1639) to amend title 36, United viduals and organizations that have ad- reaffirms our commitment to the prin- States Code, to authorize the American Le- vocated for this important resolution. gion under its Federal charter to provide ciples of equality and justice upon guidance and leadership to the individual de- The Chinese Exclusion Laws reflected which our Nation was founded. I was partments and posts of the American Legion, a climate of intolerance and xeno- disappointed that, at the insistence of and for other purposes. phobia that viewed immigrants of Chi- some anonymous Republicans, the res- There being no objection, the Senate nese descent as inferior and incapable olution is being stripped by amend- proceeded to consider the bill. of assimilating as loyal Americans. ment of any reference to the Constitu- Mr. REID. I ask unanimous consent Fueled in large part by an economic tion of the United States. That is inex- that the bill be read a third time and crisis and fears that Chinese immi- plicable to me. No one has anyone passed, the motion to reconsider be grants would take jobs away from come forward to take responsibility for laid upon the table, with no inter- other workers, the hostility against this change. It is being done in the vening action or debate, and any state- Chinese immigrants sometimes turned shadows, without accountability. I be- ments related to the bill be printed in violent. Through a number of state lieve that the Chinese Exclusion Laws the RECORD. laws and ordinances in many Western were incompatible with the spirit, and The PRESIDING OFFICER. Without states and several questionable court indeed the text, of our Constitution, objection, it is so ordered. rulings, Chinese immigrants were sys- our fundamental charter. I challenge The bill (S. 1639) was read the third tematically deprived of fundamental whoever felt it necessary to remove the time and passed, as follows: civil rights and privileges, rights that original reference in our resolution to should be guaranteed to all by our Con- S. 1639 the affront to the Constitution to come stitution. forward and explain why they were Be it enacted by the Senate and House of Rep- Eventually, political pressure led resentatives of the United States of America in blocking this resolution unless that Congress assembled, Congress to prohibit the immigration change was made. of all Chinese persons into the United Contrary to the claims in the 1880s SECTION 1. ADDITIONAL POWER OF AMERICAN LEGION UNDER FEDERAL CHARTER. States. The Chinese Exclusion Act of that Chinese immigrants looked, acted, Section 21704 of title 36, United States 1882 explicitly banned Chinese immi- and sounded too different—too for- Code, is amended— grants from entering the United States eign—to ever become loyal Americans, (1) by redesignating paragraph (5) through for 10 years, and this ban was renewed we have all witnessed the incredible (8) as paragraphs (6) through (9), respec- and ultimately made permanent by contributions that Chinese Americans tively; and Congress through subsequent enact- have made to our country. America has (2) by inserting after paragraph (4) the fol- ments. In passing these laws, Congress come a long way since the days of the lowing new paragraph (5): ‘‘(5) provide guidance and leadership to or- failed to adhere to our Nation’s basic Chinese Exclusion Laws. I hope that we ganizations and local chapters established founding principles that all are created all appreciate how our Nation’s diver- under paragraph (4), but may not control or equal, and that all persons deserve sity makes America better and strong- otherwise influence the specific activities basic human and civil rights. Instead, er.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.014 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6353 As Chairman of the Judiciary Com- Whereas Chinese laborers, who made up the citizens and subjects of the most favored mittee, I have supported the nomina- the majority of the western portion of the nation’’; tions and recognized the service of railroad workforce, faced grueling hours and Whereas, on March 9, 1882, the Senate many Americans of Chinese descent extremely harsh conditions in order to lay passed the first Chinese Exclusion Act, hundreds of miles of track and were paid sub- which purported to implement the Angell serving as attorneys and judges standard wages; Treaty but instead excluded for 20 years both throughout the country, such as former Whereas without the tremendous efforts skilled and unskilled Chinese laborers, re- Assistant Attorney General for Civil and technical contributions of these Chinese jected an amendment that would have per- Rights Bill Lann Lee, and Federal immigrants, the completion of this vital na- mitted the naturalization of Chinese persons, Judges Denny Chin, Edmond Chang, Ed tional infrastructure would have been seri- and instead expressly denied Chinese persons Chen, and Dolly Gee. I am also mindful ously impeded; the right to be naturalized as American citi- of the service of the late Thomas Tang, Whereas from the middle of the 19th cen- zens; a Chinese American trailblazer on the tury through the early 20th century, Chinese Whereas, on April 4, 1882, President Ches- immigrants faced racial ostracism and vio- ter A. Arthur vetoed the first Chinese Exclu- Federal judiciary. lent assaults, including— sion Act as being incompatible with the I hope that passage of S. Res. 201 will (1) the 1887 Snake River Massacre in Or- terms and spirit of the Angell Treaty; mark a step in the Senate’s progress egon, at which 31 Chinese miners were killed; Whereas, on May 6, 1882, Congress passed toward greater commitment to pro- and the second Chinese Exclusion Act, which— tecting the civil and constitutional (2) numerous other incidents, including at- (1) prohibited skilled and unskilled Chinese rights of all Americans, regardless of tacks on Chinese immigrants in Rock laborers from entering the United States for Springs, San Francisco, Tacoma, and Los race or ethnicity. Unfortunately, in 10 years; Angeles; (2) was the first Federal law that excluded these tough economic times, it is not Whereas the United States instigated the a single group of people on the basis of race; difficult to hear echoes of the intoler- negotiation of the Burlingame Treaty, rati- and ance that led to the Chinese Exclusion fied by the Senate on October 19, 1868, which (3) required certain Chinese laborers al- Laws in some of the rhetoric of recent permitted the free movement of the Chinese ready legally present in the United States immigration debates. Congress should people to, from, and within the United who later wished to reenter to obtain ‘‘cer- not legislate out of fear and intoler- States and accorded to China the status of tificates of return’’, an unprecedented re- ance, and we must not allow laws like ‘‘most favored nation’’; quirement that applied only to Chinese resi- Whereas before consenting to the ratifica- the Chinese Exclusions Laws ever to dents; tion of the Burlingame Treaty, the Senate Whereas in response to reports that courts pass again. required that the Treaty would not permit were bestowing United States citizenship on Mr. REID. I ask unanimous consent Chinese immigrants in the United States to persons of Chinese descent, the Chinese Ex- that the Brown of Massachusetts be naturalized United States citizens; clusion Act of 1882 explicitly prohibited all amendment, which is at the desk, be Whereas on July 14, 1870, Congress ap- State and Federal courts from naturalizing agreed to; the resolution, as amended, proved An Act to Amend the Naturalization Chinese persons; be agreed to; the preamble be agreed Laws and to Punish Crimes against the Whereas the Chinese Exclusion Act of 1882 to, and the motions to reconsider be Same, and for other Purposes, and during underscored the belief of some Senators at consideration of such Act, the Senate ex- laid upon the table. that time that— pressly rejected an amendment to allow Chi- (1) the Chinese people were unfit to be nat- The PRESIDING OFFICER. Without nese immigrants to naturalize; uralized; objection, it is so ordered. Whereas Chinese immigrants were subject (2) the social characteristics of the Chinese The amendment (No. 737) was agreed to the overzealous implementation of the were ‘‘revolting’’; to, as follows: Page Act of 1875 (18 Stat. 477), which— (3) Chinese immigrants were ‘‘like On page 9, line 1, strike ‘‘That the Senate— (1) ostensibly barred the importation of parasites’’; and ’’. women from ‘‘China, Japan, or any Oriental (4) the United States ‘‘is under God a coun- On page 9, between lines 1 and 2, insert the country’’ for purposes of prostitution; try of Caucasians, a country of white men, a following: (2) was disproportionately enforced against country to be governed by white men’’; Chinese women, effectively preventing the SECTION 1. ACKNOWLEDGMENT AND EXPRES- Whereas, on July 3, 1884, notwithstanding SION OF REGRET. formation of Chinese families in the United United States treaty obligations with China The Senate— States and limiting the number of native- and other nations, Congress broadened the On page 10, strike line 1 and all that fol- born Chinese citizens; scope of the Chinese Exclusion Act— lows through ‘‘(3)’’ on line 5, and insert ‘‘(2)’’. Whereas, on February 15, 1879, the Senate (1) to apply to all persons of Chinese de- On page 10, line 11, strike ‘‘(4)’’ and insert passed ‘‘the Fifteen Passenger Bill,’’ which scent, ‘‘whether subjects of China or any ‘‘(3)’’. would have limited the number of Chinese other foreign power’’; and On page 10, after line 15, add the following: passengers permitted on any ship coming to (2) to provide more stringent requirements the United States to 15, with proponents of restricting Chinese immigration; SEC. 2. DISCLAIMER. the bill expressing that the Chinese were ‘‘an Whereas, on October 1, 1888, the Scott Act Nothing in this resolution may be con- indigestible element in our midst . . . with- was enacted into law, which— strued— out any adaptability to become citizens’’; (1) prohibited all Chinese laborers who (1) to authorize or support any claim Whereas, on March 1, 1879, President Hayes would choose or had chosen to leave the against the United States; or vetoed the Fifteen Passenger Bill as being United States from reentering; (2) to serve as a settlement of any claim incompatible with the Burlingame Treaty, (2) cancelled all previously issued ‘‘certifi- against the United States. which declared that ‘‘Chinese subjects vis- cates of return’’, which prevented approxi- The resolution (S. Res. 201), as iting or residing in the United States, shall mately 20,000 Chinese laborers abroad, in- amended, was agreed to. enjoy the same privileges . . . in respect to cluding 600 individuals who were en route to The preamble was agreed to. travel or residence, as may there be enjoyed the United States, from returning to their The resolution, with its preamble, by the citizens and subjects of the most fa- families or their homes; and reads as follows: vored nation’’; (3) was later determined by the Supreme Whereas in the aftermath of the veto of the Court to have abrogated the Angell Treaty; S. RES. 201 Fifteen Passenger Bill, President Hayes ini- Whereas, on May 5, 1892, the Geary Act was Whereas many Chinese came to the United tiated the renegotiation of the Burlingame enacted into law, which— States in the 19th and 20th centuries, as did Treaty, requesting that the Chinese govern- (1) extended the Chinese Exclusion Act for people from other countries, in search of the ment consent to restrictions on the immi- 10 years; opportunity to create a better life for them- gration of Chinese persons to the United (2) required all Chinese persons in the selves and their families; States; United States, but no other race of people, to Whereas the contributions of persons of Whereas these negotiations culminated in register with the Federal Government in Chinese descent in the agriculture, mining, the Angell Treaty, ratified by the Senate on order to obtain ‘‘certificates of residence’’; manufacturing, construction, fishing, and May 9, 1881, which— and canning industries were critical to estab- (1) allowed the United States to suspend, (3) denied Chinese immigrants the right to lishing the foundations for economic growth but not to prohibit, the immigration of Chi- be released on bail upon application for a in the Nation, particularly in the western nese laborers; writ of habeas corpus; United States; (2) declared that ‘‘Chinese laborers who are Whereas on an explicitly racial basis, the Whereas United States industrialists re- now in the United States shall be allowed to Geary Act deemed the testimony of Chinese cruited thousands of Chinese workers to as- go and come of their own free will’’; and persons, including American citizens of Chi- sist in the construction of the Nation’s first (3) reaffirmed that Chinese persons pos- nese descent, per se insufficient to establish major national transportation infrastruc- sessed ‘‘all the rights, privileges, immuni- the residency of a Chinese person subject to ture, the Transcontinental Railroad; ties, and exemptions which are accorded to deportation, mandating that such residence

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be established through the testimony of ‘‘at was founded on the principle that all persons S. RES. 288 least one credible white witness’’; are created equal, the laws enacted by Con- Whereas in the 1894 Gresham-Yang Treaty, gress in the late 19th and early 20th cen- Designating the week beginning October 9, the Chinese government consented to a pro- turies that restricted the political and civil 2011, as ‘‘National Wildlife Refuge Week’’ hibition of Chinese immigration and the en- rights of persons of Chinese descent violated Whereas in 1903, President Theodore Roo- forcement of the Geary Act in exchange for that principle; sevelt established the first national wildlife the readmission of previous Chinese resi- Whereas although an acknowledgment of refuge on Florida’s Pelican Island; dents; the Senate’s actions that contributed to dis- Whereas in 2011, the National Wildlife Ref- Whereas in 1898, the United States— crimination against persons of Chinese de- uge System, administered by the Fish and (1) annexed Hawaii; scent will not erase the past, such an expres- Wildlife Service, is the premier system of (2) took control of the Philippines; and sion will acknowledge and illuminate the in- lands and waters to conserve wildlife in the (3) excluded thousands of racially Chinese justices in our national experience and help world, and has grown to more than 150,000,000 residents of Hawaii and of the Philippines to build a better and stronger Nation; from entering the United States mainland; acres, 553 national wildlife refuges, and 38 Whereas the Senate recognizes the impor- wetland management districts in every State Whereas on April 29, 1902, Congress— tance of addressing this unique framework of (1) indefinitely extended all laws regu- and territory of the United States; discriminatory laws in order to educate the lating and restricting Chinese immigration Whereas national wildlife refuges are im- public and future generations regarding the and residence; and portant recreational and tourism destina- impact of these laws on Chinese and other (2) expressly applied such laws to United tions in communities across the Nation, and Asian persons and their implications to all States insular territories, including the Phil- these protected lands offer a variety of rec- Americans; and ippines; reational opportunities, including 6 wildlife- Whereas in 1904, after the Chinese govern- Whereas the Senate deeply regrets the en- actment of the Chinese Exclusion Act and re- dependent uses that the National Wildlife ment exercised its unilateral right to with- Refuge System manages: hunting, fishing, draw from the Gresham-Yang Treaty, Con- lated discriminatory laws that— (1) resulted in the persecution and political wildlife observation, photography, environ- gress permanently extended, ‘‘without modi- mental education, and interpretation; fication, limitation, or condition’’, all re- alienation of persons of Chinese descent; (2) unfairly limited their civil rights; Whereas more than 370 units of the Na- strictions on Chinese immigration and natu- tional Wildlife Refuge System have hunting ralization, making the Chinese the only ra- (3) legitimized racial discrimination; and (4) induced trauma that persists within the programs and more than 350 units of the Na- cial group explicitly singled out for immi- tional Wildlife Refuge System have fishing gration exclusion and permanently ineligible Chinese community: Now, therefore, be it programs, averaging more than 2,500,000 for American citizenship; Resolved, hunting visits and more than 7,100,000 fishing Whereas between 1910 and 1940, the Angel SECTION 1. ACKNOWLEDGMENT AND EXPRES- visits; Island Immigration Station implemented the SION OF REGRET. Whereas the National Wildlife Refuge Sys- Chinese exclusion laws by— The Senate— (1) confining Chinese persons for up to (1) acknowledges that this framework of tem experiences 28,200,000 wildlife observa- nearly 2 years; anti-Chinese legislation, including the Chi- tion visits annually; (2) interrogating Chinese persons; and nese Exclusion Act, is incompatible with the Whereas national wildlife refuges are im- (3) providing a model for similar immigra- basic founding principles recognized in the portant to local businesses and gateway tion stations at other locations on the Pa- Declaration of Independence that all persons communities; cific coast and in Hawaii; are created equal; Whereas for every $1 appropriated, na- Whereas each of the congressional debates (2) deeply regrets passing 6 decades of leg- tional wildlife refuges generate $4 in eco- concerning issues of Chinese civil rights, islation directly targeting the Chinese peo- nomic activity; naturalization, and immigration involved in- ple for physical and political exclusion and Whereas the National Wildlife Refuge Sys- tensely racial rhetoric, with many Members the wrongs committed against Chinese and tem experiences approximately 45,700,000 vis- of Congress claiming that all persons of Chi- American citizens of Chinese descent who its every year, generating nearly nese descent were— suffered under these discriminatory laws; $1,700,000,000 and 27,000 jobs in local econo- (1) unworthy of American citizenship; and mies; (2) incapable of assimilation into American (3) reaffirms its commitment to preserving Whereas the National Wildlife Refuge Sys- society; and the same civil rights and constitutional pro- tem encompasses every kind of ecosystem in (3) dangerous to the political and social in- tections for people of Chinese or other Asian tegrity of the United States; the United States, including temperate, descent in the United States accorded to all tropical, and boreal forests, wetlands, Whereas the express discrimination in others, regardless of their race or ethnicity. these Federal statutes politically and ra- deserts, grasslands, arctic tundras, and re- cially stigmatized Chinese immigration into SEC. 2. DISCLAIMER. mote islands, and spans 12 time zones from the United States, enshrining in law the ex- Nothing in this resolution may be con- the Virgin Islands to Guam; clusion of the Chinese from the political strued— Whereas national wildlife refuges are home process and the promise of American free- (1) to authorize or support any claim to more than 700 species of birds, 220 species dom; against the United States; or of mammals, 250 species of reptiles and am- Whereas wartime enemy forces used the (2) to serve as a settlement of any claim phibians, and more than 1,000 species of fish; anti-Chinese legislation passed in Congress against the United States. Whereas national wildlife refuges are the primary Federal lands that foster produc- as evidence of American racism against the f Chinese, attempting to undermine the Chi- tion, migration, and wintering habitat for nese-American alliance and allied military RESOLUTIONS SUBMITTED TODAY waterfowl; efforts; Whereas since 1934, more than $750,000,000 Whereas, in 1943, at the urging of President Mr. REID. Mr. President, I ask unan- in funds, from the sale of the Federal Duck Franklin D. Roosevelt, and over 60 years imous consent that the Senate proceed Stamp to outdoor enthusiasts, has enabled after the enactment of the first discrimina- to the consideration en bloc of the fol- the purchase or lease of more than 5,300,000 tory laws against Chinese immigrants, Con- lowing resolutions, which were sub- acres of waterfowl habitat in the National gress— mitted earlier today: S. Res. 288, S. Wildlife Refuge System; (1) repealed previously enacted anti-Chi- Res. 289, and S. Res. 290. Whereas 59 refuges were established spe- nese legislation; and cifically to protect imperiled species, and of There being no objection, the Senate (2) permitted Chinese immigrants to be- the more than 1,300 federally listed threat- come naturalized United States citizens; proceeded to consider the resolutions ened and endangered species in the United Whereas despite facing decades of system- en bloc. States, 280 species are found on units of the atic, pervasive, and sustained discrimina- Mr. REID. I ask unanimous consent National Wildlife Refuge System; tion, Chinese immigrants and Chinese-Amer- that the resolutions be agreed to, the Whereas national wildlife refuges are cores icans persevered and have continued to play preambles be agreed to, the motions to of conservation for larger landscapes and re- a significant role in the growth and success sources for other agencies of the Federal of the United States; reconsider be laid upon the table en Government and State governments, private Whereas 6 decades of Federal legislation bloc, with no intervening action or de- landowners, and organizations in their ef- deliberately targeting Chinese by race— bate, and any related statements be forts to secure the wildlife heritage of the (1) restricted the capacity of generations of printed in the RECORD. individuals and families to openly pursue the The PRESIDING OFFICER. Without United States; Whereas 39,000 volunteers and more than American dream without fear; and objection, it is so ordered. (2) fostered an atmosphere of racial dis- 220 national wildlife refuge ‘‘Friends’’ orga- crimination that deeply prejudiced the civil The resolutions were agreed to. nizations contribute nearly 1,400,000 hours rights of Chinese immigrants; The preambles were agreed to. annually, the equivalent of 665 full-time em- Whereas diversity is one of our Nation’s The resolutions, with their pre- ployees, and provide an important link with greatest strengths, and, while this Nation ambles, read as follows: local communities;

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.032 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — SENATE S6355 Whereas national wildlife refuges provide mingham, Alabama, in 1953, and was an out- Church in Cincinnati, Ohio, in 1966 and an important opportunity for children to dis- spoken leader in the fight for racial equality; served as pastor until his retirement in 2006; cover and gain a greater appreciation for the Whereas Reverend Shuttlesworth worked Whereas Reverend Shuttlesworth advo- natural world; alongside Dr. Martin Luther King, Jr. and cated for racial justice in Cincinnati and for Whereas because there are national wild- was hailed by Dr. King for his courage and increased minority representation in the life refuges located in several urban and sub- energy in the fight for civil rights; public institutions of Cincinnati, including urban areas and 1 refuge located within an Whereas, in May 1956, Reverend the police department and city council; hour’s drive of every metropolitan area in Shuttlesworth established the Alabama Whereas, in the 1980s, Reverend the United States, national wildlife refuges Christian Movement for Human Rights when Shuttlesworth established the Shuttlesworth employ, educate, and engage young people the National Association for the Advance- Housing Foundation in Cincinnati, which from all backgrounds in exploring, con- ment of Colored People was banned from helped low-income families in Cincinnati be- necting with, and preserving the natural her- Alabama by court injunction; come homeowners; itage of the Nation; Whereas, in a brazen attempt to threaten Whereas, in 2001, President William Jeffer- Whereas since 1995, refuges across the Na- Reverend Shuttleworth’s resolve and com- son Clinton awarded Reverend Shuttlesworth tion have held festivals, educational pro- mitment to the fight for equality and jus- a Presidential Citizens Medal for his leader- grams, guided tours, and other events to cel- tice, 6 sticks of dynamite were detonated ship in the ‘‘nonviolent civil rights move- ebrate National Wildlife Refuge Week during outside Reverend Shuttlesworth’s bedroom ment of the 1950s and 60s, leading efforts to the second full week of October; window on Christmas Day, 1956; integrate Birmingham, Alabama’s schools, Whereas the Fish and Wildlife Service will Whereas, on the day after the attack on his buses, and recreational facilities’’; continue to seek stakeholder input on the home, on December 26, 1956, an undeterred Whereas the Birmingham international implementation of the recommendations in Reverend Shuttlesworth courageously con- airport was named for Reverend the document entitled ‘‘Conserving the Fu- tinued the fight for equal rights, leading 250 Shuttlesworth in 2008, and is now known as ture: Wildlife Refuges and the Next Genera- people in a protest of segregated buses in the Birmingham-Shuttlesworth Inter- tion’’, which is an update to the strategic Birmingham; national Airport; plan of the Fish and Wildlife Service for the Whereas Reverend Shuttlesworth was beat- Whereas Reverend Shuttlesworth was in- future of the National Wildlife Refuge Sys- en with chains and brass knuckles by a mob ducted into the Ohio Civil Rights Commis- tem; of Ku Klux Klansmen in 1957 when he tried to sion Hall of Fame in 2009; Whereas the week beginning on October 9, enroll his children in a segregated school in Whereas in Reverend Shuttlesworth’s final 2011, has been designated as ‘‘National Wild- Birmingham; sermon he said ‘‘the best thing we can do is life Refuge Week’’ by the Fish and Wildlife Whereas Reverend Shuttlesworth co-found- be a servant of God . . . it does good to stand Service; ed the Southern Christian Leadership Con- up and serve others’’; and Whereas in 2011, the designation of Na- ference in 1957, serving as the first secretary Whereas upon the death of Reverend tional Wildlife Refuge Week would recognize of the organization from 1958 to 1970 and as Shuttlesworth, President Barack Hussein more than a century of conservation in the its president in 2004; Obama said of Reverend Shuttlesworth that United States and would serve to raise Whereas Reverend Shuttlesworth partici- he ‘‘dedicated his life to advancing the cause awareness about the importance of wildlife pated in protesting segregated lunch of justice for all Americans. He was a testa- counters and helped lead sit-ins in 1960; and the National Wildlife Refuge System and ment to the strength of the human spirit. Whereas Reverend Shuttlesworth worked to celebrate the myriad recreational oppor- And today we stand on his shoulders, and the with the Congress of Racial Equality to or- tunities available to enjoy this network of shoulders of all those who marched and sat ganize the Freedom Rides against segregated protected lands: Now, therefore, be it and lifted their voices to help perfect our interstate buses in the South in 1961; Resolved, That the Senate— union’’: Now, therefore, be it Whereas it was Reverend Shuttlesworth Resolved, That the Senate celebrates the (1) designates the week beginning on Octo- who called upon Attorney General Robert ber 9, 2011, as ‘‘National Wildlife Refuge life and achievements of Reverend Fred Lee Kennedy to protect the Freedom Riders; Shuttlesworth and honors him for his tire- Week’’; Whereas Reverend Shuttlesworth freed a (2) encourages the observance of National less efforts in the fight against segregation group of Freedom Riders from jail and drove and his steadfast commitment to the civil Wildlife Refuge Week with appropriate them to the Tennessee State line to safety; rights of all people. events and activities; Whereas, in 1963, Reverend Shuttlesworth S. RES. 290 (3) acknowledges the importance of na- persuaded Dr. King to bring the civil rights tional wildlife refuges for their recreational movement to Birmingham; Supporting the designation of October 6, opportunities and contribution to local Whereas, in the spring of 1963, Reverend 2011, as ‘‘Jumpstart’s Read for the Record economies across the United States; Shuttlesworth designed a mass campaign Day’’ (4) pronounces that national wildlife ref- that included a series of nonviolent sit-ins Whereas Jumpstart, a national early edu- uges play a vital role in securing the hunting and marches against illegal segregation by cation organization, is working to ensure and fishing heritage of the United States for Black children, students, clergymen, and that all children in the United States enter future generations; others; school prepared to succeed; (5) identifies the significance of national Whereas, in 1963, while leading a non- Whereas, year-round, Jumpstart recruits wildlife refuges in advancing the traditions violent protest against segregation in Bir- and trains college students and community of wildlife observation, photography, envi- mingham, Reverend Shuttlesworth was members to serve preschool children in low- ronmental education, and interpretation; slammed against a wall and knocked uncon- income neighborhoods, helping them to de- (6) recognizes the importance of national scious by the force of the water pressure velop the key language and literacy skills wildlife refuges to wildlife conservation and from fire hoses turned on demonstrators at necessary to succeed in school and in life; the protection of imperiled species and eco- the order of Bull Connor, the Commissioner Whereas, since 1993, Jumpstart has en- systems, as well as compatible uses; of Public Safety; gaged more than 20,000 adults in service to (7) acknowledges the role of national wild- Whereas the televised images of Connor di- more than 90,000 young children in commu- life refuges in conserving waterfowl and wa- recting the use of firefighters’ hoses and po- nities across the United States; terfowl habitat pursuant to the Migratory lice dogs to attack nonviolent demonstra- Whereas Jumpstart’s Read for the Record, Bird Treaty Act (40 Stat. 755, chapter 128); tors, and to arrest those undeterred by vio- presented in partnership with the Pearson (8) reaffirms the support of the Senate for lence, had a profound effect on the view of Foundation, is a national campaign that mo- wildlife conservation and the National Wild- the civil rights struggle by citizens of the bilizes adults and children in an effort to life Refuge System; and United States; close the early education achievement gap in (9) expresses the intent of the Senate— Whereas as a result of those violent im- the United States by setting a reading world (A) to continue working to conserve wild- ages, President John Fitzgerald Kennedy record; life; and called the fight for equality a moral issue; Whereas the goals of the campaign are to (B) to manage the National Wildlife Refuge Whereas those violent images helped lead raise awareness in the United States of the System for current and future generations. to the passage of the Civil Rights Act of 1964 importance of early education, provide books S. RES. 289 (Public Law 88-352; 78 Stat. 241); to children in low-income households Whereas, in his 1963 book ‘‘Why We Can’t through donations and sponsorship, and cele- Celebrating the life and achievements of Wait’’, Dr. King called Reverend brate the commencement of Jumpstart’s pro- Reverend Fred Lee Shuttlesworth Shuttlesworth ‘‘one of the nation’s most gram year; Whereas the Reverend Fred Lee courageous freedom fighters . . . a wiry, ener- Whereas October 6, 2011, would be an appro- Shuttlesworth was born on March 18, 1922, in getic, and indomitable man’’; priate date to designate as ‘‘Jumpstart’s Mount Meigs, Alabama; Whereas, in March 1965, Reverend Read for the Record Day’’ because it is the Whereas Reverend Shuttlesworth, a former Shuttlesworth helped organize the historic date Jumpstart aims to set the world record truck driver who studied theology at night, march from Selma to Montgomery to protest for the largest shared reading experience; was ordained in 1948; voting discrimination in Alabama; and Whereas Reverend Shuttlesworth became Whereas Reverend Shuttlesworth became Whereas Jumpstart hopes to engage more pastor of Bethel Baptist Church in Bir- pastor of the Greater New Light Baptist than 2,100,000 children in reading Anna

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.015 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE S6356 CONGRESSIONAL RECORD — SENATE October 6, 2011 Dewdney’s ‘‘Llama Llama Red Pajama’’ dur- ORDERS FOR FRIDAY, OCTOBER 7 legislative session and consideration of ing this record-breaking celebration of read- THROUGH TUESDAY, OCTOBER 11, S. 1619, and the Senate immediately ing, service, and fun, all in support of pre- 2011 vote on passage of the bill. school children in the United States: Now, The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent therefore, be it objection, it is so ordered. Resolved, That the Senate— that when the Senate completes its f (1) supports the designation of October 6, business today, it adjourn until 12:00 2011, as ‘‘Jumpstart’s Read for the Record p.m. on Friday, October 7, 2011, for a PROGRAM Day’’; pro forma session only, with no busi- (2) commends Jumpstart’s Read for the ness conducted, and that following the Mr. REID. There will be three votes Record in its sixth year; pro forma session, the Senate adjourn starting at 5:30 p.m. on Tuesday. The (3) encourages adults, including grand- until 2 p.m. on Tuesday, October 11, first vote will be on confirmation of parents, parents, teachers, and college stu- 2011; that following the prayer and the judge I previously mentioned. The dents— pledge, the Journal of proceedings be second vote will be on the passage of S. (A) to join children in creating the world’s approved to date, the morning hour be 1619, the China currency bill. Finally, largest shared reading experience; and deemed expired, and the time for the there will be a cloture vote on the mo- (B) to show their support for early literacy two leaders be reserved for their use tion to proceed to S. 1660. and Jumpstart’s early education program- later in the day; that following any f ming for young children in low-income com- leader remarks, the Senate be in a pe- munities; and ADJOURNMENT UNTIL TOMORROW (4) respectfully requests the Secretary of riod of morning business until 5:30 the Senate to transmit a copy of this resolu- p.m., with Senators permitted to speak Mr. REID. If there is no further busi- tion to Jumpstart, one of the leading non- therein for up to 10 minutes each; that ness to come before the Senate, I ask profit organizations in the United States in following morning business, the Senate unanimous consent that it adjourn the field of early education. proceed to executive session under the under the previous order. previous order; further, following the There being no objection, the Senate, vote on confirmation of the Triche- at 10 p.m., adjourned until Friday, Oc- Milazzo nomination, the Senate resume tober 7, 2011, at 12 noon.

VerDate Mar 15 2010 04:28 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A06OC6.034 S06OCPT1 smartinez on DSK6TPTVN1PROD with SENATE October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1785 EXTENSIONS OF REMARKS

RECOGNIZING THE CONTRIBU- grant programs we are getting closer to a cure Reverend Shuttlesworth was one of the pri- TIONS OF THE JUVENILE DIABE- each day. mary pillars of the iconic ‘‘Big Three,’’ founded TES RESEARCH FUND f conjointly with Rev. Dr. Martin Luther King, Jr. and Rev. Ralph D. Abernathy, and others. HON. PETER J. ROSKAM RECOGNIZING THE 446TH AIRLIFT While Reverend Shuttlesworth may not have WING FOR EARNING THE AIR been as much of a household name as Dr. OF ILLINOIS FORCE MERITORIOUS UNIT IN THE HOUSE OF REPRESENTATIVES King, for example, his contributions to the AWARD Movement were irrefutably just as pivotal to its Thursday, October 6, 2011 success. Mr. ROSKAM. Mr. Speaker, today I rise to HON. ADAM SMITH Reverend Shuttlesworth was a major actor highlight the good work of the Juvenile Diabe- OF WASHINGTON in the formation of the Southern Christian tes Research Fund. IN THE HOUSE OF REPRESENTATIVES Leadership Conference, SCLC, a civil rights The Juvenile Diabetes Research Fund Thursday, October 6, 2011 organization that helped to mobilize thousands began in 1970 from a parent’s idea to begin of people during rallies and protests in the Mr. SMITH of Washington. Mr. Speaker, I a fundraising effort with the aim to promote name of equality. He also helped to organize rise today to recognize the 446th Airlift Wing the research of a cure for juvenile diabetes. the Freedom Rides through his work with the for earning the Air Force Meritorious Unit To date, the organization has raised more Congress on Racial Equality, CORE. Also Award. The award reflects the wing’s out- than $1.5 billion, including $107 million last known for his outspoken and aggressive advo- standing performance flying combat and year alone. More than 80 percent of those cacy, Reverend Shuttlesworth worked closely peacetime missions between 2008 and 2010. funds go directly to support research and re- with Dr. King to maintain momentum behind The 446th Airlift Wing is Washington State’s search-related education. the Movement whenever Dr. King’s concilia- only Air Force Reserve flying unit and per- JDRF now has over 100 locations around tory approach may have failed. Today, his forms roughly 44 percent of all C–17 missions the world and currently funds research in 19 contributions remain clear and his personal leaving McChord Field located on Joint Base countries. sacrifices revered. Lewis-McChord. Having won this accolade in Diabetes and its complications cost the Mr. Speaker, I am deeply saddened by this 2007, this honor marks the second time the United States more than $174 billion a year tremendous loss. Reverend Shuttlesworth was 446th Airlift Wing has earned the Meritorious and it is a growing epidemic. Every year, there a well-respected and principled individual who Unit Award. are roughly 30,000 new cases of Type-1 dia- The Meritorious Unit Award was established was fearless even in the face of insurmount- betes discovered in America and more than in 2004 to recognize organizations for excep- able odds. Reverend Shuttlesworth selflessly 1.6 million cases of diabetes are diagnosed tional achievement or service in direct support endured great personal sacrifice so that he every year. That’s one every 30 seconds. of combat operations. The 2,100 airmen who could perpetuate a movement that went well Type-1 Diabetes typically affects young make up the 446th Airlift Wing are honored for beyond his own life. For that I rise to honor his adults and children. They are forced at a contributing directly to national objectives and lasting contributions to this nation. young age to learn how to monitor their blood continuously demonstrating their combat readi- f levels and inject insulin when it’s low. This can ness as they fulfilled global peacetime and also be a worrisome and anxious experience. A COMPREHENSIVE ASSESSMENT wartime operations. Flying more than 9,700 This is why we must encourage the Food OF U.S. POLICY TOWARD SUDAN missions in more than 42,000 flying hours and Drug Administration to continue in its ap- averaging 2,000 missions every four months proval process for the artificial pancreas. Ear- to 11 different Iraqi airfields proves that this HON. CHRISTOPHER H. SMITH lier this year, 60 Senators and 250 Represent- unit is nothing short of exemplary. OF NEW JERSEY atives sent a letter to the FDA Commissioner Mr. Speaker, it is an honor to recognize the IN THE HOUSE OF REPRESENTATIVES Margaret Hamburg expressing their support 446th for its performance and its commitment for the artificial pancreas. Thursday, October 6, 2011 to serving the United States. I ask that my col- This new device will allow children to return Mr. SMITH of New Jersey. Mr. Speaker, leagues in the House of Representatives to their lives and give parents the peace of earlier this week, the Subcommittee on Africa, please join me in congratulating the 446th Air- mind in knowing that their children will not for- Global Health, and Human Rights, which I lift Wing for receiving the Air Force Meritorious get to check their insulin levels. The artificial chair, held a hearing that examined a wide Unit Award. pancreas is a device that can automatically range of issues involving U.S. policy toward monitor and regulate glucose levels without re- f Sudan, including the ongoing attacks on quiring blood to be drawn. IN RECOGNITION OF REVEREND Southern Kordofan and Blue Nile states, the Jeffrey Brewer, President and CEO of FRED L. SHUTTLESWORTH continuing negotiations with the Republic of JDRF, said, ‘‘An artificial pancreas, which South Sudan on challenges such as the de- would automatically monitor and regulate glu- HON. EDDIE BERNICE JOHNSON marcation of the border, the fate of the Abyei region, citizenship in both countries and oil cose levels, has the potential to transform the OF TEXAS care of people with type 1 diabetes.’’ It esti- revenue sharing. Additionally, this hearing pro- IN THE HOUSE OF REPRESENTATIVES mated the artificial pancreas could save Medi- vided opportunities to receive an update on care $23 million over 10 years and $1.9 billion Thursday, October 6, 2011 the U.S. response to the enduring stalemate over 25 years by lowering the number of com- Ms. EDDIE BERNICE JOHNSON of Texas. on Darfur and to examine U.S. policy on the plications associated with the disease. Mr. Speaker, I rise today to honor the life of release of Sudanese still held in bondage I am hopeful that the FDA will stick to its an instrumental figure in the Civil Rights throughout Sudan. publicly announced December 2011 draft guid- Movement, Reverend Fred L. Shuttlesworth. Two months ago, the Subcommittee on Afri- ance deadline. This will allow us to move into Reverend Shuttlesworth passed away at the ca, Global Health, and Human Rights held an the crucial next phase of real world testing of age of 89. emergency hearing on the attacks by the Re- this potentially life saving device. I would urge Born in Montgomery County, Alabama, Rev- public of the Sudan on its own Southern my colleagues to continue to monitor this situ- erend Shuttlesworth was no stranger to fre- Kordofan state. The crisis first arose in June, ation and ensure that the FDA stays true to quent discrimination and violence as he lived shortly after the military forces of the Khar- their word on the guidance. out his life. Having endured countless beat- toum government attacked the disputed Abyei There may not be a cure for diabetes yet ings, bombings, and arrests, Reverend area. This was apparently a provocation to the but with organizations like the JDRF leading Shuttlesworth would become a leading force in Sudanese People’s Liberation Movement, or the way in encouraging research and funding the historic fight for equal rights. SPLM, government in what is now South

∑ 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 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K06OC8.001 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1786 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 2011 Sudan just before that new country’s inde- Meanwhile, we have known that raiders URGING THE SECRETARY OF pendence. from the North were killing southern men and STATE TO REMOVE THE PEO- This vicious attack didn’t provoke the SPLM taking women and children into slavery for PLE’S MOJAHEDIN ORGANIZA- into retaliation, which could have derailed its decades. Reports from human rights groups TION OF IRAN FROM DEPART- independence. Nevertheless, dozens of peo- and the U.S. Department of State on Suda- MENT OF STATE’S LIST OF FOR- ple were killed and more than 200,000 were nese slavery gained the attention of Members EIGN TERRORIST ORGANIZA- displaced in the immediate aftermath of the TIONS northern attack on its own territory. This vio- of Congress such as myself as early as the lence was a tragic resumption of a prior war 1980s because of the serious human rights by the Khartoum government on the Nuba of implications of modern-day slavery. HON. MIKE COFFMAN OF COLORADO Southern Kordofan. Beginning in the 1980s, I chaired the first Congressional hearing on IN THE HOUSE OF REPRESENTATIVES Islamist elements in the North began an eradi- slavery in Sudan on March 13, 1996. Our wit- cation campaign against the Nuba—pitting nesses included then-Deputy Assistant Sec- Thursday, October 6, 2011 Northern Arabs against Africans to the South. retary of State for African Affairs William Mr. COFFMAN of Colorado. Mr. Speaker, Earlier this month, the Sudanese military perhaps the most important element of our de- bombed its own Blue Nile state, including at- Twadell; Samuel Cotton of the Coalition Against Slavery in Mauritania and Sudan; Dr. mocracy is the reverence our people and gov- tacks on the governor’s residence. Nearly half ernment have for the rule of law. I stand here a million people were affected by the air and Charles Jacobs of the American Anti-Slavery Group; Baroness Caroline Cox, the Deputy today because I am dismayed at the State De- ground assault on Blue Nile. It seems the so- partment’s inaction in response to a Federal Speaker of the British House of Lords, testi- called cease-fire in Southern Kordofan was court ruling stating the DoS was incorrect in fying on behalf of Christian Solidarity Inter- only a pretext to facilitate preparations for the placing the MEK on the terrorist watch list. assault on Blue Nile. national, and Dr. Gaspar Biro, Human Rights This inaction damages the credibility of our ex- The Comprehensive Peace Agreement that Rapporteur of the United Nations. Fifteen ecutive branch as well its ability to faithfully ended the North-South civil war was supposed years ago, these witnesses cited the gross to provide for consultations for both states so execute the laws of this land. human rights violations committed by the Gov- More than 10 years ago, the State Depart- residents could determine their political future. ernment of the Sudan and their failure to co- ment put Iran’s most organized opposition on However, Khartoum didn’t want to risk their operate in addressing slavery. Special desire to break away and lose them as it has the list of Foreign Terrorist Organizations, South Sudan. The promised consultations Rapporteur Biro referred to it as the ‘‘manifest FTO, in order to get the Iranian mullahs to co- were held in Blue Nile, but postponed in passivity of the government of Sudan.’’ Deputy operate with us. Not only has this policy failed Southern Kordofan. Assistant Secretary Twadell said the Clinton to temper Iran’s aggressive behavior, it has When the SPLM-North members in South- Administration acknowledged then that slavery actually emboldened them. More importantly, ern Kordofan and Blue Nile didn’t lay down was an ugly reality in Sudan. the terror listing of the Iranian opposition has robbed people of Iran of the political space their arms in advance of South Sudan’s inde- Following a visit to the Sudan People’s Lib- pendence, Khartoum used that as an excuse needed to effectively oppose the regime within eration Army-held portion of Sudan in Novem- to eliminate those who had supported the Iran and in the global arena. ber 2000, then-Assistant Secretary of State for South in the long civil war. A preemptive strike Our allies in the UK and EU have removed in Southern Kordofan evidently was meant to African Affairs Susan Rice said that neither the MEK from their banned organizations list. chase out those who had opposed Khartoum. the Clinton Administration nor its successor The DC Circuit Federal Appeals Court has Members of SPLM-North were stalked by the would cease working to end slavery in Sudan. also ordered our government to reexamine its Sudanese military, who went door-to-door to Why have we not kept that promise? evidence on the MEK and undertake a fresh review of their case. The 10th Circuit stated eliminate them. The similar attack in Blue Nile When former Assistant Secretary Rice made that the State Department had not shown that was intended to purge that state of the sup- that pledge, the United Nations estimated that the MEK had been engaged or had the intent posed opponents of the Khartoum government there were as many as 15,000 southern Suda- living there as well. In fact, the Sudan Peo- to engage in terrorist activities which is a re- nese held in bondage after being abducted in ple’s Liberation Army—North governor of Blue quirement to being designated as an FTO. raids by Arab militiamen on southern villages. Nile has been chased out of the capital by Ninety-five Members of Congress and I have northern military forces. While the current exact number of Sudanese agreed with the court decision and co-spon- As the world was focused on the January slaves is unknown, too many people remain in sored H. Res. 60 to urge the Secretary of referendum in which Southerners voted for an slavery in Sudan and more continue to join State to remove the MEK as an FTO and lift independent South Sudan, human right orga- them each day. The State Department’s 2011 all restrictions. nizations reported rising violence in Darfur. Trafficking in Persons report lists Sudan as a As such, I would therefore like to ask the There was a resumption of conflict in several Tier III country that is a continuing source, folks in State Department a simple question: locations in North and South Darfur between transit and destination country for men, Why has the department, after more than 500 Sudanese government military forces and women and children subjected to forced labor days of deliberation failed to faithfully comply Sudan Liberation Army rebels loyal to Mini and sex trafficking. Slavery remains a perva- with the Federal court order? Minawi, a signatory of the now-defunct 2006 sive and deeply disturbing reality in Sudan, f Darfur Peace Agreement. Recently, the Suda- and we cannot in good conscience allow this CEMENT SECTOR REGULATORY nese army clashed with the rebel Justice and to continue. Equality Movement in the remote area of RELIEF ACT (H.R. 2681) AND THE North Darfur near Sudan’s triangle border with We have had active campaigns to end Su- EPA REGULATORY RELIEF ACT Chad and Libya. Darfur rebels had attacked danese slavery, to end genocide in Darfur, to (H.R. 2250) Omdurman and Khartoum in northern Sudan end the north-South civil war and now to end in 2008, which resulted in a massive crack- to the attacks on Abyei, Southern Kordofan HON. RUSH D. HOLT down on dissidents. and Blue Nile. Unfortunately, these campaigns OF NEW JERSEY The brutality by the Sudanese military will have been conducted in isolation from one an- IN THE HOUSE OF REPRESENTATIVES not crush the desire for freedom in Abyei, other. If we are to have a successful policy to Thursday, October 6, 2011 Southern Kordofan, Blue Nile or Darfur. In stop the suffering of Sudan’s people, our gov- Mr. HOLT. Mr. Speaker this week the seeking to prevent the secession of these ernment must devise a comprehensive policy states and the special administrative area of House of Representatives considered two bills for addressing all of Sudan’s challenges. To Abyei, Bashir’s government may be sowing that continue the Majority’s assault on public facilitate such a policy consolidation, civil soci- the seeds for Sudan’s eventual dissolution. health and the environment. The so-called Until that time, however, the international com- ety also must support a coordinated policy no ‘‘Cement Sector Regulatory Relief Act’’ and munity must continue to press for an end to matter their particular area of concern. There- the ‘‘EPA Regulatory Relief Act’’ would delay the attacks on Sudanese, using all of our fore, I call on our civil society organizations or eliminate air pollution safeguards for indus- available diplomatic and economic resources. concerned about the people of Sudan to work trial incinerators, boilers, and cement plans. The human rights of people in the North must together and demonstrate to our government Should these dangerous bills become law, the be every bit as important to us as the rights the wisdom and effectiveness of a coordinated air we breathe would contain more mercury, of those in the South have been. American policy on Sudan. arsenic, lead, and acid gas.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K06OC8.002 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1787 These misguided pieces of legislation would inner light, the dispelling of ignorance, and the wish him the very best and many more years undermine the Environmental Protection Agen- realization of knowledge of and insight. of success ahead. cy’s ability to enforce the Clean Air Act and Through intriguing exhibits, stirring music and significantly limit the federal government’s abil- dance performances, fine cuisine, inspirational f ity to ensure that the air we breathe is safe oratory from featured speakers, and a dazzling and pollution-free. fireworks display over the East River, this HONORING NICHOLAS STALL- Sadly, these bills are just the latest in a long year’s festival is helping to educate New York- WORTH HARE ON HIS 100TH line of bills from the majority that put big pol- ers about Diwali and its celebration by adher- BIRTHDAY luter profits before the health and safety of the ents of Hinduism, Jainism and Sikhism, and American people. From the Dirty Air Act that thereby promoting awareness and apprecia- HON. JO BONNER tion of South Asian culture and its amazing would remove EPA’s statutory authority to reg- OF ALABAMA ulate carbon pollution to legislation that ex- richness and diversity. IN THE HOUSE OF REPRESENTATIVES empts offshore drilling operations from having I am proud to salute my good friend Ranju to control their pollution emissions and legisla- Batra on her election as President of AIA, a Thursday, October 6, 2011 tion that would allow power plants to emit recognition by her peers in the Indian-Amer- ican community of her leadership abilities and Mr. BONNER. Mr. Speaker, I rise to extend more and more toxic air pollution, the majority very special birthday greetings to an honored seems intent on rolling back programs that passion for serving others. In addition to AIA, which she has served as Cultural Chair for member of the South Alabama legal commu- preserve our environment, protect our public nity. Next week, Nick Hare will celebrate his health, and grow our economy. several years, Ranju Batra has demonstrated her commitment to numerous worthwhile char- 100th birthday among the company of a proud For forty years the Clean Air Act has been itable organizations, including the Hindu Cen- family and many loyal friends in his hometown successful in protecting public health and pre- ter; Arya Samaj of Westchester County, New of Monroeville. venting deaths from respiratory disease be- York; and Children’s Hope. A loving wife to Born on October 11, 1911, ‘‘Mr. Nick’’ grad- cause it was written to follow science as her husband, Ravi, and a caring mother to uated from Northwood School, Lake Placid, science evolved. The success of the Clean Air their children, she is deservedly a widely re- New York, in 1930. He received his college Act is because its regulations are based in spected leader of the South Asian community undergraduate degree with honors from Au- science. Legislators shouldn’t pretend to be in the nation’s largest metropolitan area. burn University (Alabama Polytechnic Institute) scientists. Mr. Speaker, I request that my colleagues in 1932, and three years later earned his law I urge my colleagues to vote no on these join me in paying tribute to the Association of degree from the University of Alabama. dangerous bills. Indians in America and its President, Ms. After completing his education, Nick joined f Ranju Batra, for their extraordinary contribu- his cousin, Francis Hare, in the practice of law tions to the civic life of our nation. in Birmingham. Soon after, World War II inter- IN RECOGNITION OF THE ASSOCIA- f vened and his country called. Nick was in- TION OF INDIANS IN AMERICA ducted into the Army Air Corps where he hon- AND ITS PRESIDENT, RANJU CONGRATULATING WEIRS BEACH orably served America, including working on BATRA RESIDENT ROBERT LAWTON ON the famous Manhattan Project to produce the THE 20TH YEAR OF THE WEIRS atomic bomb. HON. CAROLYN B. MALONEY TIMES AND TOURISTS’ GAZETTE After his distinguished military service, Nick OF NEW YORK returned to Alabama and opened his law office IN THE HOUSE OF REPRESENTATIVES HON. FRANK C. GUINTA in Monroeville. He soon entered politics, being OF NEW HAMPSHIRE elected to the Alabama legislature in 1954. Thursday, October 6, 2011 IN THE HOUSE OF REPRESENTATIVES During his tenure in Montgomery, Nick served Mrs. MALONEY. Mr. Speaker, I rise to ac- Thursday, October 6, 2011 as chair of the Judiciary Advisory Council. He knowledge the Association of Indians in Amer- left office in 1959 assuming the role of Assist- ica and its President, my good friend Ms. Mr. GUINTA. Mr. Speaker, on September ant Attorney General under Alabama Attorney Ranju Batra, on the occasion of its 24th an- 21, 2011 I had the privilege of nominating General MacDonald Gallion. While on the At- Robert Lawton of Weirs Beach, New Hamp- nual celebration of the festival of Diwali at the torney General’s staff, Nick worked with Gov- shire to be a recipient of the prestigious historic South Street Seaport in lower Manhat- ernor John Patterson to combat loan sharks Nackey S. Loeb School of Communications tan. victimizing Alabamians. First Amendment Award. After a lifetime of The theme of the Association’s celebration In 1960, Nick turned his gaze to Mobile after giving to his community as an entrepreneur, this year, ‘‘Non-Violence in Today’s World,’’ is he was appointed chief legal counsel for the New Hampshire historian and Representative Alabama State Docks under director Earl more salient than ever. Most fittingly, it takes to the General Court, Bob re-launched the McGowan. Later, during the Reagan adminis- place on the birthday of Mahatma Gandhi. 19th Century newspaper The Weirs Times and tration, he served the federal government as With more than a thousand attendees ex- Tourists’ Gazette in 1992. Now in its 20th an appointee to represent the United States in pected from all across the greater New York year, the newspaper started with an initial run legal seminars with the People’s Republic of metropolitan region, this year’s Diwali celebra- of only 2,000 copies distributed in the Laconia China. tion will be a highlight of the year for AIA and area each week. Bob and his son David have its distinguished new President, Ms. Ranju since grown circulation to almost 30,000 cop- Nick Hare has accomplished much in his Batra. ies across the state. 100 years. He’s been an Army Air Corpsman, Founded in 1967, the Association of Indians At age 80, retirement is not an issue for a legislator, a state official, federal appointee in America is the oldest association of Indians Bob. Opening his businesses at eight o’clock and a lifelong attorney representing the best in America. The New York chapter includes in the morning he demonstrates the true spirit interests of the people of Alabama. members from across the tri-state region, and of the Greatest Generation—its exemplary Mr. Speaker, it is not uncommon to laud prides itself on its tradition of openness and work ethic. Bob often says, ‘‘I like to be busy, someone you respect with the compliment respect for persons of all religious faiths. Its I like to be working, I like to keep moving, I ‘‘they’re a gentleman and a scholar’’. In ‘‘Mr. membership is a microcosm of the extraor- like to be thinking of new things all the time.’’ Nick’s’’ case, he truly is both. A nationally rec- dinary diversity of the Indian community in the His thoughtful respect for New Hampshire ognized legal mind, an inventor holding eight New York area, with all regions and religions history, and interest in the community, has patents, and an active member of his commu- of India represented, as well as a wide range successfully resurrected a Lakes Region nity, Nicolas Stallworth Hare is a true gen- of professions, backgrounds and occupations. icon—The Weirs Times. By spreading his tleman and a scholar and a very dear friend AIA’s New York chapter performs countless opinion and stories about current events and to many, many people. acts of public service and philanthropy, reflect- bringing to light our state’s historical backdrop, On behalf of the people of Alabama and this ing its motto, ‘‘Indian Heritage and American all Granite Staters are in debt to him for con- House, I am pleased to offer Nick our very commitment.’’ tinuing to ‘‘think of new things all the time.’’ best wishes on his 100th birthday. May he Diwali is a holiday that celebrates the victory I commend the work of Mr. Lawton and for continue to have a long, happy and healthy of good over evil and awareness of one’s his outstanding support of the community. I life for many years to come.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A06OC8.004 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1788 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 2011 RECOGNIZING EIGHT NIGHT who have demonstrated an ability to inspire, Congress reinstated the right to sue, and STALKERS OF THE 4TH BAT- lead and innovate. Fittingly, the Hall is located President Obama signed into law, the Lily TALION, 160TH SPECIAL OPER- in Seneca Falls, the site of the 1848 Women’s Ledbetter Fair Pay Act in 2009. ATIONS AVIATION REGIMENT, Rights Convention which adopted the Declara- BARBARA MIKULSKI (1936–) is the first fe- RECIPIENTS OF THE DISTIN- tion of Sentiments demanding that women male Democratic Senator elected in her own GUISHED FLYING CROSS ‘‘have immediate admission to all the rights right. During her more than 30 years in the and privileges which belong to them as citi- Senate, she has worked on legislation pro- HON. ADAM SMITH zens of these United States.’’ moting equal health care for American women, OF WASHINGTON Nearly 250 women have been honored by Medicare reform, better care for veterans, IN THE HOUSE OF REPRESENTATIVES induction into the National Women’s Hall of greater student access to quality education Thursday, October 6, 2011 Fame. They come from many fields—they are and much more. This year she became the educators, actors, writers, politicians, vision- longest serving female Senator in U.S. history. Mr. SMITH of Washington. Mr. Speaker, I aries, philanthropists, athletes and scientists— Dr. Donna Shalala (1941–) is an educator, rise today to honor CWO–4 Bernard Litaker, but they share a talent for making a difference scholar and politician who was the longest Jr., CWO–3 Maciek Mankowski, CWO–3 Todd and inspiring us all. The eleven women who serving Secretary of Health and Human Serv- Peterson, Staff Sgt. Benjamin Tate, Staff Sgt. were inducted into the National Women’s Hall ices (1993–2001). She has been president of Stanley Yeadon, Sgt. Jason Brown, Sgt. Jer- of Fame this past weekend have truly made Hunter College which is located in my district, emy Gribble, and Spc. Matthew Jones who re- their mark on this country and on our history. chancellor of the University of Wisconsin- ceived the Distinguished Flying Cross for their St. Katharine Drexel (1858–1955), a mis- Madison and is currently President of the Uni- extraordinary service and valor. I recently had sionary who dedicated her life and fortunate to versity of Miami. the privilege to meet with the leadership of help native Americans and African Americans, Kathrine Switzer (1947–) broke the gender these eight brave servicemen of the 4th Bat- is the second American-born person to be rec- barrier in 1967 when she was the first woman talion, 160th Special Operations Aviation Regi- ognized as a saint. St. Katharine founded the to officially enter the Boston Marathon. She ment (Airborne) located at Joint Base Lewis- Sisters of the Blessed Sacrament. During her has completed over 37 marathons and has McChord, and believe that they have achieved lifetime, she and her order founded more than dedicated her career to creating Opportunities the pinnacle of military excellence. sixty missions and schools, including Xavier and equal sports status for women. In 1977, The Distinguished Flying Cross is awarded University in Louisiana. she founded the Avon International Running to members of the Armed Forces of the United Dorothy Harrison Eustis (1886–1946) co- Circuit and in 1984 she was a leader in mak- States who distinguish themselves through founded the nation’s first dog guide school, ing the women’s marathon an official event in heroism above and beyond the call of duty The Seeing Eye. Born in Switzerland, Eustis the Olympic Games. She is an Emmy Award- while participating in aerial flight, an award started breeding German Shepherds for civic winning sports commentator. which these men have undoubtedly earned. duty. Morris Frank, a blind American man, Mr. Speaker, I ask my colleagues to join me On a late September 2009 evening in Af- contacted her for help in acquiring a guide in rising to celebrate the National Women’s ghanistan, these men embarked on a high-pri- dog. She moved to America and, together with Hall of Fame and its eleven remarkable 2011 ority, high-risk mission that would necessitate Frank, established The Seeing Eye, which has inductees. that they put their lives at risk to protect other trained 15,000 dogs to assist nearly 6,000 in- forces. The unexpected call required them to dividuals. f quickly develop and execute a plan, but the Loretta C. Ford (1920–) is a international ensuing enemy fire would force them to adapt leader in nursing who is best known for co- IN RECOGNITION OF DR. BRUCE A. to the increasingly dangerous situation. The founding the nurse practitioner model, which BEUTLER, RECIPIENT OF THE pilots gave heroic flying performances, expanded nurse’s scope of practice and al- 2011 NOBEL PRIZE IN PHYSI- expertly navigating their helicopters while call- lowed them to perform a broader range of du- OLOGY OR MEDICINE ing out enemy threats to their gunners. ties. Upon completing their objective and reach- Abby Kelley Foster (1811–1887) was a HON. PETE SESSIONS ing safety, they learned they would need to re- major figure in the anti-slavery and women’s OF TEXAS turn for a casualty evacuation. Once again rights movements. An organizer, lecturer and IN THE HOUSE OF REPRESENTATIVES landing their aircraft mere meters from their fundraiser, she worked tirelessly for the ratifi- Thursday, October 6, 2011 target, the men held off enemy fire and suc- cation of the 14th and 15th amendments and cessfully flew the target to safety. Facing helped lay the groundwork for the 19th Mr. SESSIONS. Mr. Speaker, I rise today to seemingly insurmountable odds, not once but amendment granting women suffrage. recognize Dr. Bruce A. Beutler for winning the twice, these eight brave Night Stalkers dem- Helen Murray Free (1923–) is a pioneering Nobel Prize in Physiology or Medicine, along- onstrated skillful flying and venerable courage chemist who conducted research that revolu- side two other scientists, for discoveries in in the face of danger. tionized diagnostic testing in the laboratory how the immune system functions. Mr. Speaker, I ask that my colleagues in the and at home. Her work on dip-and-read strips Initially, Dr. Beutler began searching for a House of Representatives please join me in has made it easier and cheaper to test for dia- receptor with the ability to bind congratulating these eight brave men for their betes, pregnancy and other conditions. lipopolysaccharide (LPS). After devoting a commendable service and thanking them for Billie Holiday (1915–1959) is one of the great deal of time cloning LPS receptor genes, the sacrifices they have made for their coun- greatest jazz vocalists of all time. Her unique Dr. Beutler and his colleagues made an impor- try. style continues to influence jazz and pop vo- tant discovery in 1998—a Toll-like receptor f calists more than fifty years after her death. (TLR) that activates signals when bound with IN TRIBUTE TO THE ELEVEN EX- Coretta Scott King (1927–2006) was a cele- LPS. This discovery spurred further research TRAORDINARY 2011 INDUCTEES brated champion of human and civil rights in innate immunity and now, over a dozen of TO THE NATIONAL WOMEN’S through non-violent means, in partnership with different TLRs have been identified. I applaud HALL OF FAME her husband, Dr. Martin Luther King, Jr., and Dr. Beutler’s dedicated efforts and know that following his death. this finding will provide our medical community Lily Ledbetter (1938–) is best known for her with greater understanding about how immune HON. CAROLYN B. MALONEY fight to achieve pay equity. As she was retiring systems respond to diseases, keeping us on OF NEW YORK from her position as a manager with the the forefront of medical research. IN THE HOUSE OF REPRESENTATIVES Goodyear Tire and Rubber Company, In 2008, he was elected to the National Thursday, October 6, 2011 Ledbetter was advised anonymously that she Academy of Sciences. He currently serves as Mrs. MALONEY. Mr. Speaker, I rise to rec- had been paid considerably less than her the Director of the Center for the Genetics of ognize the National Women’s Hall of Fame male colleagues. She subsequently initiated a Host Defense at UT Southwestern Medical and the eleven women who were formally in- lawsuit against Goodyear. She won in trial Center. Dr. Beutler is the fifth faculty member ducted into the National Women’s Hall of court, but the Supreme Court later overturned from UT Southwestern Medical Center to be Fame on September 30 and October 1, 2011 the verdict because she had not filed within awarded a Nobel Prize since 1985. in Seneca Falls, New York. 180 days of the discriminatory act even Mr. Speaker, I ask my esteemed colleagues Since 1969, the National Women’s Hall of though she was unaware of the discrimination to join me in congratulating Dr. Beutler on re- Fame has showcased great American women at the time. Thanks in part to her advocacy, ceiving this prestigious award.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A06OC8.007 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1789 PERSONAL EXPLANATION WITH CONGRATULATIONS FOR as an invaluable resource for me and other FRANCIS HALL INSURANCE members of the Connecticut delegation during HON. ROBERT E. ANDREWS SERVICES the recent health care reform debate. An avid bicyclist, Mr. Esposito enjoyed OF NEW JERSEY biking through the bucolic hills of New Eng- IN THE HOUSE OF REPRESENTATIVES HON. JIM GERLACH OF PENNSYLVANIA land. His family noted recently that he was al- Thursday, October 6, 2011 ways proud when he could ride past younger IN THE HOUSE OF REPRESENTATIVES Mr. ANDREWS. Mr. Speaker, on rollcall No. bikers who were struggling on Connecticut’s Thursday, October 6, 2011 746 for H. Res. 419, I am not recorded be- hills. cause I was absent. Had I been present, I Mr. GERLACH. Mr. Speaker, I rise today to Sadly, the survival rate of pancreatic cancer would have voted ‘‘no.’’ congratulate Francis Hall Insurance Services is incredibly low. According to the American f of Chester County, Pennsylvania on its 65th Cancer Society and the National Cancer Insti- anniversary as a continuously family-owned tute, nearly 75 percent of pancreatic cancer HONORING FIRST UNION BAPTIST and operated business. patients die within one year and nearly 95 per- CHURCH The history of Francis Hall Insurance Serv- cent succumb to the disease within 5 years. ices is a long and storied one, extending back Ken’s passing reminds us that we have an ob- HON. DALE E. KILDEE to 1946 when Francis A. Hall founded the ligation to stand up for the most vulnerable in OF MICHIGAN agency on South High Street in West Chester society and that much more work must be IN THE HOUSE OF REPRESENTATIVES Borough. In 1947, Francis became licensed to done to combat devastating diseases, such as sell real estate and, by 1960, the agency was pancreatic cancer. Thursday, October 6, 2011 a prosperous insurance and real estate firm Mr. Speaker, I ask that all of my colleagues Mr. KILDEE. Mr. Speaker, the month of Oc- with the top Chester County realtor, Mrs. M.L. join me in celebrating the life of Ken Esposito tober marks the 50th anniversary of First Hughes, who had the highest sales record in and the contributions he made to the people Union Baptist Church’s Christian service in my the County for five straight years. of Connecticut. hometown of Flint, Michigan, which they are Over the years, Francis’ sons Richard and f commemorating with a celebration: ‘‘Honoring Robert would join the agency. Upon Francis’ HONORING STEVE JOBS our Past, Fulfilling the Present, Preparing for retirement in 1962, his sons took up his man- the Future.’’ tle and maintained a proudly family-owned and Under the faithful stewardship of Rev. Ar- operated Chester County business. Today, HON. FORTNEY PETE STARK chie Powell, Sr., Union Baptist opened its Francis Hall Insurance Services offers per- OF CALIFORNIA doors in a storefront on North Street. At this sonal, commercial, and financial insurance IN THE HOUSE OF REPRESENTATIVES location, Pastor Archie Powell, Sr., Deacon coverages and custom risk management pro- Thursday, October 6, 2011 David Sawyer, Mother Tennesee Sawyer, grams. Through its subsidiaries, it is the lead- Mr. STARK. Mr. Speaker, I rise today to Mother Loread Perry, Mother Lela Lee, Sister ing insurer of fire/EMS services in Southeast honor Steve Jobs, Apple’s co-founder, who Gertha McGhee, and Sister Mary Ann Sawyer Pennsylvania, the second largest writer for passed away yesterday after a lengthy battle Jones met for the first time. municipalities in the Brandywine Valley, and with cancer. After 25 years of steadfast leadership, Rev. the risk management provider to dozens of In his short 56 years on this planet, Jobs Archie Powell, Sr. was called to rest on No- municipalities, businesses and manufacturers. fundamentally changed the way the world vember 2, 1986. In the following months, the Mr. Speaker, I ask that my colleagues join communicates, learns, transacts and gets its Rev. Archie Powell, Jr. was installed by Rev. me today in congratulating Francis Hall Insur- entertainment. He also managed to make Grandville Smith of Mt. Calvary Baptist Church ance Services on the occasion of its 65th an- technology fun and widely accessible. Flint, Michigan. Like his father, Rev. Archie niversary and to extend best wishes for the In the early 1980s, I had the pleasure of col- Powell, Jr. is a dedicated servant to the Lord agency’s continuing work to meet the needs of laborating with this once-in-a-generation inno- and recently celebrated 24 years of pastoral the community throughout the 21st century vator. At the time he was just a young guy. care to the congregation of First Union Baptist and beyond. We met on an airplane and got to talking Church. f about a shared interest: getting computers, In 1996, the First Union congregation had which were then cutting-edge technology, into grown too big for the building it occupied at HONORING KEN ESPOSITO classrooms. the time and decided to break ground on a Job’s vision was for Apple to give a com- new place of worship with room for 450 peo- HON. CHRISTOPHER S. MURPHY puter to every school in the country. I had ple at 7004 Fleming Rd., Flint, Michigan. The OF CONNECTICUT been interested in projects to improve kids’ congregation moved in on April 20, 1997. IN THE HOUSE OF REPRESENTATIVES computer literacy in a world that was becom- Under the careful stewardship of Rev. Archie Thursday, October 6, 2011 ing ever more technologically sophisticated. At Powell, Jr. the congregation was able to pay issue was our children’s lack of access to that off the mortgage in December of 2010. Mr. MURPHY of Connecticut. Mr. Speaker, technology. Mr. Speaker, please join me in congratu- I rise today to honor the life of Ken Esposito On our cross-country flight, Jobs explained lating First Union Baptist Church on their suc- of Bridgewater, Connecticut. Mr. Esposito that he was bumping up against a tax hurdle cess and dedication to the Flint community. I passed away on September 30, 2011 after a in his effort to give Apple computers to pray that the ministers, staff, and congregation year-long battle with pancreatic cancer. Ken schools. Donating goods to a school, he of First Union will continue their work and put up a courageous fight with the support of found, was not viable for a business because spread the Gospel of Jesus Christ for many, his wife Ann and his family, including his son they could only write off the very minimal pro- many years to come. Eliot and his mother Catherine. duction cost of the item. This limitation made f Mr. Esposito was a lifelong advocate for the it financially untenable for Apple, or any other disadvantaged and those less fortunate. He manufacturer, to donate computers to schools. PERSONAL EXPLANATION got his start as a community organizer in Somewhere over the Midwest, Jobs and I Cleveland, Ohio—where he successfully se- agreed to work together to remove this barrier. HON. NITA M. LOWEY cured millions of dollars for community devel- In the months that followed, Jobs came out OF NEW YORK opment projects. In Connecticut, he worked to Washington and helped me and my staff IN THE HOUSE OF REPRESENTATIVES with the United Church of Christ and with the write legislation to create a charitable deduc- Universal Health Care Foundation. While at tion allowance for computer donations to ele- Thursday, October 6, 2011 the Universal Health Care Foundation, he mentary, middle and high schools. Senator Mrs. LOWEY. Mr. Speaker, I regrettably played a critical role in the effort to pass John Danforth, a Missouri Republican, picked missed Rollcall votes on October 5. Had I Sustinet—the ground-breaking legislation up the torch and introduced the legislation in been present, I would have voted in the fol- which will increase access to affordable health the Senate. lowing manner: insurance for everyone. Ken worked diligently Our original bill passed the House with fly- Rollcall No. 747: ‘‘yea.’’ for years to see this law pass because he be- ing colors but died in the Senate. In the next Rollcall No. 748: ‘‘yea.’’ lieved that providing universal health care was Congress, Rep. Bill Archer, a Texas Repub- Rollcall No. 749: ‘‘yea.’’ a moral imperative. Additionally, Ken served lican, joined me in the House to champion the

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bill that became law in 1984. Passage paved these words into the CONGRESSIONAL RECORD scape’’ into a concrete interpretive experience the way for the broad distribution of donated of the United States House of Representa- for the public. computers to our kids’ schools. tives. Wilt has made a real and enduring impact Critics questioned whether the donated f on our community—helping us improve our computers would ever make it out of the appreciation of the environment, recognize our boxes they came in because not every teach- HONORING DR. WILTON CORKERN role in preserving it, and understanding and er was technologically minded. Others called experiencing our shared heritage as Ameri- the federal tax credit a waste of money. How HON. STENY H. HOYER cans. On a personal note, I have greatly ap- wrong they were. OF MARYLAND preciated his friendship and counsel over the Steve Jobs made technology accessible the IN THE HOUSE OF REPRESENTATIVES years. I wish him the best in his retirement world over by putting computers into our Thursday, October 6, 2011 and ask all of my colleagues to join me in con- classrooms, our homes, and our pockets. In gratulating him on a job well done. Mr. HOYER. Mr. Speaker, I rise today to honoring his life, we must remember f naysayers’ initial doubts about whether com- pay tribute to Dr. Wilton Corkern, a good puter technology was worth federal invest- friend, environmental steward, and community COMMENDING MSGT. TODD ment. As we consider our federal deficit and leader who, at the end of last month, retired EIPPERLE ways to shrink it, we must not become so rigid after serving for 21 years as President and as to fail to support innovation. Had we not CEO of the Accokeek Foundation. This week- HON. BRUCE L. BRALEY taken that risk decades ago, our educational end Wilt will be honored by his family, friends, OF IOWA system, our communities and our world would and colleagues at the Foundation’s annual IN THE HOUSE OF REPRESENTATIVES be a drastically different place. Leadership Salute with its National Conserva- Thursday, October 6, 2011 f tion Leadership Award. The Accokeek Foundation, headquartered in Mr. BRALEY of Iowa. Mr. Speaker, I rise TRIBUTE TO MR. GEORGE TIM- my district, is devoted to the interaction be- today to honor Master Sergeant Todd Eipperle OTHY EVANS, OF CHICAGO, ILLI- tween people and the landscape over time. of Marshalltown, IA. On September 20, 2011, NOIS The Foundation stewards 200 acres of the Na- MSgt. Eipperle received the Bronze Star from tional Park Service’s Piscataway Park, along the Army for his actions in July 2011 which HON. BOBBY L. RUSH the Potomac River in Prince George’s and are credited with saving the lives of members OF ILLINOIS Charles Counties. The park was established to of his team following an attack from a rogue IN THE HOUSE OF REPRESENTATIVES preserve the viewshed from George Washing- security officer from the Afghan National Di- ton’s historic Mount Vernon estate. rectorate of Security. A proud member of the Thursday, October 6, 2011 The Foundation’s programs include the Na- Iowa National Guard, MSgt. Eipperle was pre- Mr. RUSH. Mr. Speaker, I rise today to rec- tional Colonial Farm, a living history museum viously awarded the Purple Heart for wounds ognize and honor the life and labor of Mr. that preserves heirloom plants, heritage he received during the attack. MSgt. Eipperle George Timothy Evans who made his heav- breeds of livestock, and historic buildings of exemplifies the best of our Iowa Guardsmen enly transition on Sunday, October 2, 2011 at the Chesapeake Tidewater; the Ecosystem and the good work they did during their recent the age of 92. For 27 years, Mr. Evans served Farm, a demonstration of sustainable agri- deployment to Afghanistan. admirably as a Court Bailiff for the Illinois Ap- culture; and a number of training programs in In July of this year, only a week before he pellate Court and the Illinois Supreme Court. A organic farming, museum theatre, and related was scheduled to return home with the 2,800 native of Arkansas, Mr. Evans attended fields. The success and continued growth of other Iowa Guardsmen he’d deployed with, Langston High School in Hot Springs, Arkan- these programs are a testament to Wilt’s dedi- MSgt. Eipperle was wounded in the process of sas, where he played football with former Illi- cation and that of his talented staff and volun- engaging a rogue Afghan security officer who nois Appellate Court Justice Glenn T. John- teers. had shot and killed two of his comrades, fel- son, the second African-American to serve on Mr. Speaker, Wilt’s accomplishments at the low Guardsman Sgt. 1st Class Terryl Pasker the Illinois Appellate Court, sparking a close Accokeek Foundation are many and lasting. of Cedar Rapids, IA and retired Connecticut friendship that would be rekindled when they Through the years, Wilt: State Trooper Paul Protzenko of Enfield, CT. both ultimately moved to Chicago. Established the modern organic Ecosystem Passing through a checkpoint in Panjshir prov- Mr. Evans met his wife of more than 60 Farm, with its innovative new farmer training ince, the rogue Afghan officer unexpectedly years, Tiny Marie Evans, who preceded him in program, and established what is now the fired at the Iowa Guardsmen. MSgt. Eipperle’s death, at the Bethel AME Church in Malvern, Center for Agricultural and Environmental quick action in engaging the attacker, despite Arkansas and was united in holy matrimony Stewardship as ‘‘a national model for re- gunshot wounds to his own hip and shoulder, on June 2, 1942. To this union was born a search, scholarship, education, and public in- is credited with saving a number of his col- son, Timothy C. Evans, the Chief Judge of the formation about sustainability in general and leagues and his own life. Circuit Court of Cook County, and the first Af- sustainable agriculture in particular.’’ MSgt. Eipperle is home once again, having rican-American to hold this office and a Helped to organize and launch the Friends received the Bronze Star in Marshalltown be- daughter, Sandra Marie (Evans) Johnson. of the Potomac and to secure designation of fore members of his community, and being They relocated to Chicago in 1957, at a time the Potomac as one of the first ‘‘American honored with a parade and town proclamation when Arkansas was the epicenter of bitter Heritage Rivers.’’ in his honor on September 20. While he’s left school integration battles, to seek better op- Relocated and reconstructed the Laurel the war, MSgt. Eipperle is still on active duty, portunities in the North. Branch farmhouse, constructed the colonial recovering from the wounds he sustained in Mr. Evans served faithfully as a member of outkitchen, and replaced the Saylor Grove July. I commend MSgt. Eipperle on his her- the Greater Institutional AME Church on the fishing pier. oism, for a job well done on deployment, and south side of Chicago. He was an outstanding Constructed a ‘‘green’’ Education Center wish him well on his recovery. and devoted servant of God, who dedicated and demonstration stewardship areas. f his life towards making a difference in the Installed ‘‘The View from Here: Preserva- lives of all people. Mr. Evans was a shining tion, Development, and Community in CELEBRATING THE LIFE OF MRS. example of how God can use us to help make Accokeek, Maryland’’ interpretive signage for FRANCES REEVES JOLLIVETTE this world a better place. the Foundation’s fiftieth anniversary. CHAMBERS AND RECOGNIZING Mr. Speaker, I am appreciative of the life Secured Standards of Excellence certifi- HER CONTRIBUTIONS TO MIAMI’S and legacy of Mr. George T. Evans and I want cation from the Maryland Association of Non- AFRICAN AMERICAN COMMUNITY to encourage his family, his sons Chief Judge profits. Timothy Evans and George Evans, daughter Reenergized the Foundation’s land con- HON. ALCEE L. HASTINGS Sandra Johnson, sister-in-law Hazel Bailey, servation initiative to focus on the Mount OF FLORIDA his grandchildren and great-grandchildren and Vernon viewshed, preservation of working IN THE HOUSE OF REPRESENTATIVES his many friends to always remember to look landscapes, and stewardship of easements. to the hills from which comes all of their help. Launched the Foundation’s Piscataway Cul- Thursday, October 6, 2011 I am honored to pay tribute to this dedicated tural Landscape Initiative, an effort to trans- Mr. HASTINGS of Florida. Mr. Speaker, I public servant and am privileged to enter form the concept of ‘‘indigenous cultural land- rise today to celebrate the life of Mrs. Frances

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.013 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1791 Reeves Jollivette Chambers, a great educator, possible without the efforts of individuals like family: wife Bettie; sons Randy and Warren; historian, and civil rights activist in Miami’s Af- Fran, who have dedicated their lives to serving daughters Deborah and Christie; grandchildren rican American community. Fran passed away their communities. Matthew, Leslie, Travis, Zachary, Allison, at the age of 89 after a lengthy struggle with Mr. Speaker, I have had the privilege and Katie, Todd, Emily, Nicholas, Olivia, and Mad- Alzheimer’s disease. My thoughts and prayers pleasure of knowing Fran and her family per- eleine; great-grandson Harrison; as well as his go out to her family and friends at this most sonally. The Miami community has lost one of numerous nieces, nephews, and cousins. May difficult time. She is survived by her daugh- its great pioneers, and she will be dearly you find comfort in the eternal hope we find in ters, Regina Jollivette Frazier and Cleo missed. Thanks to Fran’s many contributions, our faith, and encouragement that Virgil Leontine Jollivette; son, Cyrus M. Jollivette; however, her legacy of education, compas- Scheidt will be remembered and honored in her brother, Garth C. Reeves; four grand- sion, and love will live on for generations to the hearts of Hoosiers for his life of service for children; and three great-grandchildren. Trag- come. years to come. ically, Fran lost her first husband, Cyrus M. f f Jollivette, Sr., to a storm in January 1960. In CELEBRATING MEXICAN July 1963, she married James R. Chambers, IN MEMORY OF VIRGIL SCHEIDT INDEPENDENCE DAY who passed away in June 2000. Fran was born on November 13, 1921, in HON. MIKE PENCE Overtown, Miami’s historic African American OF INDIANA HON. CHARLES B. RANGEL OF NEW YORK neighborhood. She was the sixth of five sur- IN THE HOUSE OF REPRESENTATIVES viving children born to the late Henry E.S. IN THE HOUSE OF REPRESENTATIVES Thursday, October 6, 2011 Reeves and Rachel Jane Cooper Reeves, Thursday, October 6, 2011 Mr. PENCE. Mr. Speaker, I rise with a who had emigrated from Nassau, Bahamas to Mr. RANGEL. Mr. Speaker, today, I rise to heavy heart to honor the tremendous life and Miami in April 1919 and founded The Miami commemorate the Bicentennial and 201st an- Times, Florida’s oldest Black newspaper. Fran legacy of Virgil Scheidt from my hometown of niversary of Mexican Independence Day, graduated from Booker T. Washington High Columbus, Indiana. which occurred on September 16, 2011. As School in 1938 before receiving a Bachelor of Mr. Scheidt lived a long and blessed life full Mexicans everywhere celebrate the historic Arts degree summa cum laude from Bennett of family, hard work, and community service. independence of Mexico from Spanish rule, College in 1942 and a Master of Arts degree On February 20, 1949, he married the love of this momentous day is significant because it from New York University in 1959. In addition, his life, Bettie. He began his career as a farm- represents a sign of justice and equality— she later studied at the University of Miami, er, and he and Bettie owned and operated rights valued and protected in our great coun- University of Florida, Florida Agricultural and their own farm for more than thirty years. But try of the United States. It also represents the Mechanical (A&M) University, Florida Atlantic as much as he loved farming, Mr. Scheidt felt day when Mexico was able to begin its quest University, and Barry University, earning more called to do more for his community, and in for freedom for the people of that beautiful and graduate credits than required for her doc- 1960, he was elected Bartholomew County spirited country. Our two countries will con- torate. Treasurer. After winning re-election four years tinue to make sure that the rights of the peo- Fran was a true educator. For more than 37 later, he was also elected President of the As- ple come first. years, she taught and guided students at Dun- sociation of Indiana County Officials, and went Mexican Independence Day is celebrated on bar Elementary School, Miami Jackson Senior on to be elected as a national director of the the date that Father Miguel Hidalgo y Castillo, High School, Continuing Opportunities for Pur- National County Officials in 1967. a priest in Dolores, Guanajuato, frustrated with poseful Education (COPE) Center North, and Mr. Scheidt was elected chairman of the Spanish rule, rang the church bell to gather Holmes Elementary School as a teacher, Bartholomew County Republican Party in the people of the town. Hidalgo ignited a fire reading specialist, counselor, and principal. 1965, where he served for 33 years. After among the listeners, requesting that the peo- During this time, Fran also dedicated her time serving as district chairman for several years, ple of Mexico join him in rising up against and energy to numerous causes as a volun- he was ultimately elected chairman of the Indi- Spanish rule. Just as the soldiers in the Amer- teer for the March of Dimes and the American ana State Republican Party in 1989. His in- ican Revolutionary War fought on behalf of our Heart Association, JESCA board chair, a volvement in local, state, and national politics country, these courageous, patriotic men board member of Senior Centers of Dade spanned decades and included such honors fought to gain the independence of their be- County, and a member of the American Asso- as serving as an elector of the Indiana Elec- loved Mexico. This event known today as ciation of University Women. In the 1970s and toral College in the 2000 presidential election, Grito de Delores or ‘‘Cry of Delores’’ is joyfully 1980s, she was a member of the Florida State and attending and serving as a delegate for celebrated every year on September 16 by Board of Optometry and the League of numerous national Republican conventions. Mexicans all over the world. The red, white, Women Voters. Virgil Scheidt was also an entrepreneur and and green flag is proudly displayed on this day After retiring from the Dade County Public businessman. Besides his life on the farm, he during festivities. Schools in July 1979, Fran continued giving founded a real estate brokerage firm, and in El Centro Comunitario Mexicano, or as it is back to her community and traveled the world, 1974, was appointed to the Indiana Real Es- popularly known, CECOMEX, is one of the visiting over 50 countries and six continents. tate Commission where he served as a mem- oldest active, not-for-profit organizations for She was a lifelong member of Alpha Kappa ber for fifteen years and as its chairman from Mexican Americans in my Congressional Dis- Alpha Sorority and the National Association for 1983 to 1985. He was named Realtor of the trict and the City of New York. Under the lead- the Advancement of Colored People (NAACP), Year in 1987 by the Columbus Board of Real- ership of Executive Director, Sandra Perez, it a platinum member of The Links, Inc., and a tors and was awarded the Lifetime Achieve- has worked independently as a community or- charter member and past president of the ment Award by them in 1999. ganization in my beloved East Harlem commu- MRS Club, a six-decades-old group of friends. Despite his many business and political ac- nity, catering to the needs of our newcomers. Fran was also a member of the Daughters of tivities, Mr. Scheidt was still a dedicated and I want to publicly thank them for all their work. the King at Incarnation Episcopal Church. active member of his community. He was a I would also like to commend Carlos M. Sada, Almost 30 years ago, Fran first dreamed of member of the Columbus Rotary Club, Har- Consul General of Mexico in New York for all publishing a book that would preserve and rison Lake Country Club, the Columbus Area his hard work on behalf of Mexico. He con- share the history of Miami’s Black pioneers. Chamber of Commerce, and the Columbia tinues to assist and protect the citizens of Her vision was realized in Linkages and Leg- Club. He was also an active and lifelong mem- Mexico while facilitating trade and extending a acies, a 120-page, hardbound coffee table ber of St. Paul Lutheran Church in Columbus. cordial friendship with New York. book chronicling the works, deeds, and experi- His legacy of service was honored by three The model of Father Miguel Hidalgo- ences of Miami’s Black pioneers. Published in different governors when each of them gave Costilla’s resolve and sacrifice for independ- March 2010 by The Links, Inc., Greater Miami him the prestigious Sagamore of the Wabash ence and liberty makes him an icon for what Chapter, through the non-profit Linkages and Award, and additionally he received the Distin- beleaguered peoples of the world need most Legacies, Inc., this publication was distributed guished Hoosier Award in 1985 from Governor today in their leaders. His martyrdom for Mex- for free as a gift to the community. Further- Robert Orr. ico and for the future of their republic can pro- more, Fran’s concept served as the inspiration While his loss will be deeply felt, we find vide light upon all communities. Let’s pay re- for the AT&T African American History Cal- hope in the Good Book which tells us that ‘‘the spects to those courageous men who fought endar, which was created 17 years ago. Lord is close to the brokenhearted.’’ I offer my on behalf of Mexico to help position the coun- These important works would not have been deepest condolences, to Mr. Scheidt’s beloved try where it is today.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.015 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1792 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 2011 Mr. Speaker, let me conclude on this, Mexi- In 1995, Robinson and his late wife Teresa ship for the students at Canterbury High co’s two hundred and first anniversary of inde- reached out to Wake Forest with hopes of set- School. When community support for the Leto pendence, by vowing a renewed commitment ting up a scholarship fund for local students to family was expressed in an outpouring of flow- between the United States and Mexico as attend Wake Forest, which is ranked 25th best ers, Joe’s former wrestling coach, Joe Wilson both of our nations continue to confront the university in the nation by US News and World suggested that Mrs. Leto ask the community global issues of our time. I call upon my fellow Report. Through his hard work to open new to participate in a fundraiser to support a Members of Congress to join me in cele- doors to his own success in life, he now want- scholarship in Joe’s memory. brating Mexican Independence Day in honor ed to help pave a path for others just like him The community’s response was enthusi- of all the Mexican immigrants and descend- to achieve all that they can, with help from the astic. Though originally intended to be a one- ents, not only in my district, but throughout community that raised them. It was Robinson’s time event, the ‘‘Run for Joe’’ has become a this great nation and the world. Viva Mexico belief that if children had the opportunity to get tradition in New Milford. Participants have and may God and the Virgin of Guadalupe a good education, they’d return home to Mont- raised a total of over $150,000 in support of bless The United Mexican States and the gomery County and make their community a Joe’s scholarship since the very first run. Oc- United States of America. better place. tober 9, 2011 marks the 13th Annual ‘‘Run for f After my time at Wake Forest, I too returned Joe’’ to raise money for the Joe Leto Scholar- home, working in textiles for over 27 years be- ship Fund. This year, in honor of the ‘‘Run for TAIWAN’S 100TH ANNIVERSARY OF fore I began teaching high school social stud- Joe’’ and in honor of Joe’s memory, a flag will ITS FOUNDING ies at both West and East Montgomery High be flown at half staff on the day of the event Schools. I have seen first-hand the benefits at the Connecticut state Capitol. HON. MICHAEL K. SIMPSON that the Robinson Scholarship has provided In reflection of the premature loss of a OF IDAHO for both Montgomery County and Wake Forest young, promising U.S. Marine and the sense IN THE HOUSE OF REPRESENTATIVES University. The generosity of Leroy Robinson of community he has inspired in the town of Thursday, October 6, 2011 has continued to open new doors of oppor- New Milford, I ask my colleagues to join me in tunity for students throughout my community, recognizing and honoring the life of Lance Mr. SIMPSON. Mr. Speaker, October 10th and on behalf of the people of Montgomery of this year marks the 100th anniversary of Corporal Giuseppe Leto, and the contributions County, I know that we will never have the his family and community have made in his Taiwan, the Republic of China. Taiwan has proper words to adequately thank Leroy for all been an important contributor towards eco- memory to the students at Canterbury High he has done, and continues to do. School. nomic and political security in Asia for dec- Mr. Speaker, it is with complete admiration f ades, and continues to be a major trading and appreciation that I rise today to speak of partner with the United States. Indeed, Taiwan the kindness and generosity with which Leroy PALESTINIAN BID FOR U.N. is the ninth largest trading partner of the and Teresa Robinson have continued to bless RECOGNITION United States and the sixth largest agricultural our part of the world. His selflessness and market for products grown and produced here dedication to helping those who come after HON. JOHN P. SARBANES in the United States. him is a testament to the promise and goal Taiwan continues to benefit from self-gov- OF MARYLAND that many of us embrace: to leave the world IN THE HOUSE OF REPRESENTATIVES ernance and free-elections, and its open soci- a better place than it was when we arrived. ety and democracy allows for innovation and Leroy Robinson has served as a shining ex- Thursday, October 6, 2011 growth that puts it on a competitive footing ample of this generosity, and his gift continues Mr. SARBANES. Mr. Speaker, to those who with the most powerful and largest countries in to give to the students of my community. question the United States’ expression of soli- the world. Today, I ask all Members of Congress to darity with Israel in the face of the recent Pal- Taiwan and the United States uphold a join me in prayer for the health and well-being estinian bid for U.N. recognition, the answer is peaceful affiliation through trade agreements of Leroy Robinson, an asset to the people of that it is in America’s interest to stand strong and meaningful personal relationships. I en- Montgomery County, of North Carolina, and of with its friend and ally. joyed a trip to Taiwan when I was a state leg- our nation. Although sadly she is no longer There is a chorus of political interests argu- islator, and it is a beautiful country with a vi- with us, I also ask that we remember Teresa ing that U.N. recognition is precisely the brant culture. Robinson and her generous contributions as game-changing move needed to push forward Congratulations to the people of Taiwan and well. stalled Mid-East talks. But completely up-end- President Ma Ying-jeou on its 100th anniver- f ing the long agreed-upon structure of direct sary. negotiations would defeat all interests. For HONORING U.S. MARINE LANCE f those Palestinians who desire peace, it would CORPORAL GIUSEPPE ‘‘JOE’’ LETO IN RECOGNITION OF THE ACHIEVE- unfairly heighten expectations that the United MENTS AND GENEROSITY OF HON. CHRISTOPHER S. MURPHY Nations offers some new path to an inde- LEROY AND TERESA ROBINSON pendent state with defined territorial borders. OF CONNECTICUT Most alarmingly, U.N. recognition of Pales- IN THE HOUSE OF REPRESENTATIVES tinian statehood would encourage Israel’s tra- HON. LARRY KISSELL Thursday, October 6, 2011 OF NORTH CAROLINA ditional foes, as well as emerging new ones, IN THE HOUSE OF REPRESENTATIVES Mr. MURPHY of Connecticut. Mr. Speaker, to abandon their grudging acceptance of the I rise today to honor the memory of U.S. Ma- direct negotiation paradigm in favor of a co- Thursday, October 6, 2011 rine Lance Corporal Giuseppe ‘‘Joe’’ Leto. ordinated assault on Israel’s interests and se- Mr. KISSELL. Mr. Speaker, I rise today to Joe was a resident of New Milford, Con- curity. That, in turn, will put America’s interests honor a true, dedicated leader in my state and necticut, where he attended Canterbury High at risk. in my local community of Montgomery County, School for four years. As his family and U.S. support for Israel has never been more North Carolina. Leroy Robinson grew up in friends describe him, Joe was a passionate important than it is now. The winds of the Candor, North Carolina, just miles from my member of the school wrestling team who en- Arab Spring blowing from Tunisia to Syria are home. He graduated from what was then- joyed spending time with his friends. Following dramatically altering the dynamics of the known as Candor High School in 1939, and his graduation, he went on to attend Western Israeli-Palestinian conflict and the wider re- went on to my alma mater of Wake Forest New England College in Springfield, Massa- gion. Our ally’s familiar antagonists are seizing University. After proudly serving our nation in chusetts to study business. In 1998, he de- on the region’s new populism to stir up anti- World War II, Robinson returned home to cided to serve his country by joining the U.S. Israel sentiment. In recent days, Israeli dip- North Carolina and began working for Belk, a Marine Corps. After going through boot camp lomats had to be rescued (with U.S. help) local family owned department store that on Paris Island, he reported to Camp Lejeune from their embassy in Cairo when angry pro- began in my district in Monroe, North Carolina. in North Carolina for 16 weeks of training. testers breached the grounds. Iran is as belli- After years as a local business and community Tragically, Joe died during a conditioning hike cose as ever and its potential to pose an exis- leader, Robinson officially retired from Belk in in his third week at Camp Lejeune at the age tential threat to Israel cannot be underesti- 1988 after 37 years of service with the com- of 21. mated. pany, only to continue on as an advisor and Following Joe’s death, his mother, Mrs. It is expected that countries like Iran would counsel through 1995. Mimi Leto established the Joe Leto Scholar- seek to hijack the sentiment of the Arab

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.016 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1793 Spring, but who would have predicted that Just 54 years ago, in a meeting in New Or- nore the movement is to do injustice to both. NATO member Turkey, a country that long en- leans, Louisiana, Rev. Lowery helped form the We must not let the spirit of the movement be joyed a strong military and economic relation- Southern Christian Leadership Conference overcome with sentimental ceremonies that ship with Israel, would turn against its erst- alongside Dr. King, Rev. Ralph Abernathy, omit the sacramental nature of the struggle. while ally with such ferocity? Turkish hostility and New Orleans’ own Rev. Dr. Simmie Lee Ceremonies end with the benediction while towards Israel goes well beyond the purported Harvey and Rev. Abraham Lincoln ‘‘A. L.’’ sacraments begin with the benediction. Cere- settling of a score over the Gaza Flotilla inci- Davis—among other civil rights leaders. The mony is like putting a ring on her finger at the dent. It appears calculated to establish Tur- Southern Christian Leadership Conference, wedding. Sacrament is ringing her life with key’s strategic dominance of the Eastern Med- known as the SCLC, was largely known for its love and joy ever after.’’ iterranean by putting pressure on the Israeli- non-violent protests. It was Rev. Lowery him- f American alliance. One important way for the self who organized the 1965 Selma to Mont- United States to discourage this kind of ad- gomery March that eventually led to the pas- CONGRATULATIONS TO BEN AND venturism in the region is to continue to affirm sage of the historic Voting Rights Act. You’ll JENNIFER MOORE FOR WINNING its unbreakable bond with the State of Israel. remember that the Voting Rights Act finally TENNESSEE FARM BUREAU’S OUTSTANDING YOUNG FARMER f guaranteed Black Americans the right to vote—free from intimidation, poll taxes, and ACHIEVEMENT AWARD TRIBUTE TO THE other rules and laws designed to disenfran- MEDITERRANEAN QUARTERLY chise us. Rev. Lowery served as the president HON. STEPHEN LEE FINCHER of the SCLC from 1977–1997 and revitalized OF TENNESSEE HON. DONALD M. PAYNE it through his outspoken nature and distinct IN THE HOUSE OF REPRESENTATIVES leadership style. OF NEW JERSEY Thursday, October 6, 2011 IN THE HOUSE OF REPRESENTATIVES Rev. Lowery continues to fight social injus- tice even today at the young age of 90. For Mr. FINCHER. Mr. Speaker, I rise today to Thursday, October 6, 2011 his work, he’s received numerous awards in- congratulate Ben and Jennifer Moore from the Mr. PAYNE. Mr. Speaker, I rise today in cluding the Presidential Medal of Freedom, the city of Dresden in Weakley County on winning honor of the Mediterranean Quarterly, a jour- nation’s highest civilian honor; the Congres- the Tennessee Farm Bureau’s Outstanding nal of global issues published by Duke Univer- sional Black Caucus Foundation’s Phoenix Young Farmer and Achievement Award this sity Press in the late in 1980s. Mediterranean Award; the Martin Luther King Center Peace past July 23, 2011. Mr. and Mrs. Moore were Quarterly is edited by Dr. Nikolaos A. Stavrou Award; the NAACP Lifetime Achievement selected over 20 excellent county contestants (Professor Emeritus of International Affairs, Award; and the Fred L. Shuttlesworth Human to win the state competition and have a Howard University), a true believer in intellec- Rights Award from the Birmingham Civil chance to win national honors at the American tual honesty, professional integrity, and fair Rights Institute. Rev. Lowery has also re- Farm Bureau’s convention early next year. play. The Journal is unique in many ways, and ceived several honorary doctorates from col- Mr. and Mrs. Moore farm over 3,400 acres has made its mark in the policymaking world leges and universities including, Dillard Univer- including corn and soybeans and a number of and global academy. sity, Morehouse College, Alabama State Uni- specialty crops. Additionally, they pasture Dr. Stavrou ensured that thinkers from all lit- versity, University of Alabama in Huntsville, about 80 head cow/calf livestock, and manage toral states as well as academic experts in the and Emory University. a 4,000 sow operation. U.S. have an open and uncensored forum to While delivering the benediction at the 2009 Mr. and Mrs. Moore are also active in The present and debate ideas. Mediterranean presidential inauguration of President Obama, Young Farmers & Ranchers program which Quarterly has no agenda to promote other Rev. Lowery reminded us all ‘‘that in the com- promotes leadership skills for farmers ages than the search for truth without fear or favor. plex arena of human relationships, we should 18–35. As members of the Program they But more importantly, it has made a point to make choices on the side of love, not hate; on share a common bond for the agricultural life- open its pages to prominent African leaders to the side of inclusion, not exclusion; and toler- style, leadership development, and are dedi- address issues in true Mediterranean spirit of ance, not intolerance.’’ It is evident that this cated to meeting the challenges of farming respect for human dignity. principle has been a driving force in every and ranching. Ben served as the YF&R state Over the years, I had the privilege of joining area of Rev. Lowery’s life for the last 90 committee chairman, was a member of the a stellar list of contributors, among them years. His unwavering dedication to equality Tennessee Farm Bureau Federation’s Board former President Jimmy Carter, former UN for all people has made this country a better of Directors, and has held numerous county Secretary General Boutros Boutros-Ghalli, the place for people of all races and ethnicities. and leadership positions. Jennifer is a member Presidents of Turkey and Croatia, President As we celebrate the life of Rev. Lowery of the Tennessee Pork Producers Association, Salva Kiir of South Sudan, and a long list of today, we must also pause to remember the and is active on YF&R committees and other academics, foreign ministers, prime ministers legacy of another civil rights leader, Rev. Fred community organizations. The Moore’s dedica- and prominent diplomats. Shuttlesworth. Rev. Shuttlesworth died yester- tion, service, and significant contributions to I consider it my distinct honor to have pub- day at the age of 89 after fighting for racial their community and agriculture should make lished on a wide range of issues, including Af- equality alongside Rev. Lowery for more than all Tennesseans proud. Mr. and Mrs. Moore rica, the Cyprus crisis and other issues. The 50 years. He was an American hero whose have three sons, Miller, Tate, and Tyler. I con- Mediterranean Quarterly is a forum for think- fight for civil rights is emblematic of the perse- gratulate them all. ers and not a place for waging an ideological verance, compassion, and faith that make us f campaign. American. He was a legend during the move- CELEBRATING THE 90TH BIRTH- f ment and time has only cemented his place in history as a champion of equality. He was DAY OF REV. JOSEPH LOWERY HONORING THE REVEREND beaten, threatened, and his family was at- JOSEPH E. LOWERY tacked. Nonetheless, he never wavered from HON. JOHN CONYERS, JR. his commitment to American civil rights. My OF MICHIGAN HON. CEDRIC L. RICHMOND achievements have been possible because I IN THE HOUSE OF REPRESENTATIVES stand on his shoulders, Rev. Lowery’s shoul- OF LOUISIANA Thursday, October 6, 2011 IN THE HOUSE OF REPRESENTATIVES ders, and those of other freedom fighters. Dr. King once referred to Rev. Shuttlesworth as Mr. CONYERS. Mr. Speaker, I rise today to Thursday, October 6, 2011 ‘‘one of the nation’s most courageous freedom celebrate the birthday of the Reverend Joseph Mr. RICHMOND. Mr. Speaker, the Rev- fighters.’’ It is because of this courage that his Lowery, one of the single most important lead- erend Joseph E. Lowery, an irreplaceable or- legacy will live on for many generations to ers of the modern civil rights movement; and ganizer in the American Civil Rights Move- come. a close confidant of Dr. Martin Luther King. ment and a leader who marched with Rev. Dr. Mr. Speaker, I urge my colleagues to join Reverend Lowery was born in Huntsville, Martin Luther King Jr. to overturn discrimina- me in wishing Rev. Joseph Lowery a happy Alabama on October 6th, 1921. He and Dr. tion in voting rights and other injustices, cele- and blessed 90th birthday. As Rev. Lowery Martin Luther King, Jr. formed the Southern brates his 90th birthday today. It is only right once wrote of Dr. King, ‘‘To appropriately cele- Leadership Conference, which was the hub of that I honor this man who made my ascension brate . . . we must honor both the man and the civil rights movement in the 1960’s. In ad- possible. the movement. To ennoble the man and ig- dition to being the co-founder of the SLC, Rev.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.019 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1794 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 2011 Lowery is a co-founder of the Black Leader- HONORING DR. SUNGBAE JU FOR 10TH ANNIVERSARY OF WAR IN ship Forum—a broad constellation of African- HIS LIFELONG ACHIEVEMENTS AFGHANISTAN American faith and social justice groups dedi- IN THE PERFORMING ARTS cated to carrying on the legacy of Martin Lu- HON. YVETTE D. CLARKE ther King. HON. STEVEN R. ROTHMAN OF NEW YORK OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Rev. Lowery is a living legend who will re- IN THE HOUSE OF REPRESENTATIVES main in the hearts and minds of all of who Thursday, October 6, 2011 have been so blessed and fortunate to know Thursday, October 6, 2011 Ms. CLARKE of New York. Mr. Speaker, I him, including his friends, family members, Mr. ROTHMAN of New Jersey. Mr. Speaker, rise today in recognition of the tenth anniver- and colleagues in the struggle for human and I rise today to honor Dr. Sungbae Ju, for his sary of the war with Afghanistan. For ten civil rights. Reverend Lowery was clearly one exemplary public service and devotion to the years our country, and the brave men and of the most influential leaders of the civil rights performing arts. women who fight for us on the battlefield, Dr. Sungbae Ju is the President of both the movements. He is a humble and gracious man have been mired in a seemingly unwinnable Garden State Opera and The Figaro Group, war in Afghanistan, a war that has resulted in with a keen sense of humor. He kept so many and is an accomplished musician. He holds a tens of thousands of casualties, and the death of us in the civil rights movement motivated, Masters Degree from the prestigious Manhat- of 1,723 American service members. More energized, and hopeful regardless of the many tan School of Music, a Doctoral Degree from and more Americans are expressing a desire serious obstacles we faced as a social justice the Yeshua Theological Seminary and an to end the war in Afghanistan. Recent polls movement. Honorary Doctor Degree from the Universidad have shown that 73% of Americans want to Rev. Lowery is married to Evelyn Gibson Christiana De Bolivia. He has experienced un- withdraw troops, and 66% of all veterans be- Lowery, who in her own right is a committed matched levels of professional success, in- lieve the war is not worth its cost. There is no and dedicated civil rights activist. We wish cluding performances at notable New York better time than now, on the 10th anniversary Rev. Lowery and his wife Evelyn Gibson Low- and New Jersey performances venues such of this war, to reevaluate the continued con- as Carnegie Hall, Lincoln Center, and the New ery many more years of happiness, good flict, and to commit to bringing our troops Jersey and Bergen Performing Arts Centers. home. health, and blessings. America is a stronger, He has also performed in operas including fairer, and more civilized nation because of It is irresponsible to continue to spend over ‘‘The Barber of Seville’’ and ‘‘Rigoletto’’ with one hundred billion dollars a year on a war the decades of work that Rev. Lowery devoted singers from the Metropolitan Opera. that Americans support less and less each to the noble cause of liberty, freedom, and so- Dr. Ju and his family are members of the day, especially as our country tries to fight its cial justice for all Americans. New Jersey State Opera, and are widely re- way out of the worst economic recession of nowned and respected for their numerous re- our lifetimes. This is money that is desperately f citals to benefit worthy causes throughout the needed domestically, and would be better nation. Dr. Ju has always tried to use music spent on fixing our deteriorating infrastructure IN APPRECIATION OF ISRAEL’S 9/11 as a tool for improving and developing com- and fixing our education system. MEMORIAL munities. With that in mind, Dr. Ju and others Our mission after September 11th 2001 was formed the Garden State Opera, Inc., a non- to dismantle the infrastructure of al-Qaeda and profit organization that aims to unify the com- to bring Osama bin Laden to justice, and there HON. JEAN SCHMIDT munity with music in order to aid those in our is no denying that the current administration global community who live without food, hope, OF OHIO and our courageous men and women serving human rights and with the threat of disease, overseas have accomplished these goals. It is IN THE HOUSE OF REPRESENTATIVES terror, poverty and war. time to bring our troops home, reinvest in our In addition to the Garden State Opera, Dr. nation, and let the Afghani people take re- Thursday, October 6, 2011 Ju and his family have volunteered their musi- sponsibility for securing their own nation. Mrs. SCHMIDT. Mr. Speaker, I rise today to cal talents and services at over 130 events, in- I believe the time to withdraw from Afghani- cluding various holiday concerts and Asian recognize an extraordinary memorial built in stan is now, which is why I joined my col- Pacific Islander Heritage Celebrations at the Israel in honor of the victims of the September leagues from both sides of the aisle in support NJ State Association of Chiefs of Police, NJ 11th attacks. of H.R. 651, the United States-Afghanistan State Police, Transportation Security Adminis- Status of Forces Agreement Act of 2011 which On the 10th anniversary of the September tration (TSA) and Federal Air Marshal Service would establish a redeployment date for U.S. in the Department of Homeland Security, U.S. 11th attacks, hundreds gathered just outside troops. I will continue to work with my col- Labor Department, Bergen County Public of Jerusalem to dedicate the 9/11 Living Me- leagues in Congress, the President, and com- Safety Institute, Honor Legion Police Depart- morial. This memorial, commissioned and built manders in our Armed Forces to press for a ment and for many Asian and Korean-Amer- by the Jewish National Fund-USA/Keren speedier end to this war. I yield back the bal- ican communities. Kayemeth LeIsrael, was designed by Israeli ance of my time. artist Eliezer Weishoff. It depicts a beautiful 30 Dr. Ju is also involved with many other cul- tural organizations throughout Bergen County f foot high bronze American flag which rests on including his positions as Chairman of the Ko- a granite base partially composed of metal EQUAL JUSTICE FOR OUR rean American Day in New Jersey, Event MILITARY ACT OF 2011 from the World Trade Center towers and fea- Chairman of Northern-Eastern Korean Festival tures the name of every victim of the attack. at New Overpeck Park, and Board Member of HON. SUSAN A. DAVIS the Multi-Cultural Committee in the Bergen Honored guests included my colleague, OF CALIFORNIA County Sheriff’s Department. Additionally, he Congressman HENRY WAXMAN, U.S. Ambas- IN THE HOUSE OF REPRESENTATIVES sador Dan Shapiro, Former Prime Minister has received a multitude of awards from Mem- Thursday, October 6, 2011 Ehud Olmert, and my friend, Stan Chesley, bers of Congress, the New Jersey State Sen- President of the Jewish National Fund. ate and General Assembly, the Newark and Mrs. DAVIS of California. Mr. Speaker, I rise New York divisions of the FBI, the DEA in today to introduce the Equal Justice for Our While those tragic events occurred here at New Jersey, the TSA, the Federal Air Marshall Military Act of 2011—a bill that will give our home, it is important to remember that there Service, the U.S. Labor Department, the NJ servicemembers equal access to the United were victims from more than 90 countries, in- State Association of Chiefs of Police, the Ber- States Supreme Court. cluding five Israeli citizens. gen County Police Chiefs Association, the Am- We all know that when American men and This memorial will act as an important re- bassador of Taiwan Consul General, and the women decide to serve their nation in the minder of the need to remain committed in the Bergen County Public Safety Institute. Armed Forces, they make many sacrifices— Mr. Speaker, today I rise to congratulate Dr. fight against terrorism, and why Israel con- from lost time with their families to irreplace- Sungbae Ju, and thank him for his devotion to able losses of lives and limbs. tinues to remain one of our strongest allies. the performing arts, the Korean-American However, most Americans are not aware Mr. Speaker, I urge my colleagues to join community, and the American community at that active-duty servicemembers also sacrifice me in thanking Israel for this thoughtful memo- large, both in the great State of New Jersey one of the fundamental legal rights that all ci- rial. and across the Nation. vilian Americans enjoy.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.021 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1795 Under current law, members of the military The 2011 USO Gala, ‘‘70 Years Young,’’ will today to recognize the recent anniversary of who are convicted of offenses under the mili- feature entertainers from USO celebrity enter- this constitution’s adoption, and to congratu- tary justice system do not have the legal right tainment tours, and recognize a special volun- late the Republic of Kenya on this remarkable to appeal their cases to the U.S. Supreme teer and honorees from each branch of the step forward. Court. armed force. This year’s Service Member’s of Despite being home to the first African It is unjust to deny the members of our the Year include Corporal David J. Bixler of woman to win the Nobel Peace Prize— Armed Forces access to our system of justice the U.S. Army; Sergeant Lucas J. Chaffins of Wangari Maathi, who sadly passed away last as they fight for our freedom around the world. the U.S. Marine Corps, Senior Airman James month—Kenya had long treated women as They deserve better. A. Barynard of the U.S. Airforce, Aviation Sur- second-class citizens. In the past, female can- As the Ranking Member of the Sub- vival Technician Christopher R. Austin of the didates for office in that country have had to committee on Military Personnel, a long-time U.S. Coast Guard, and Explosive Ordnance carry knives and wear extra garments to fend advocate for servicemembers, and a rep- Disposal Technician Chad R. Regelin of the off the possibility of politically-motivated rape. resentative of San Diego, one of the largest U.S. Navy. But the new constitution has dramatically al- military communities in the nation, I feel an Mr. Speaker and colleagues, please join me tered the status of women in Kenya. Among obligation to fight to ensure that the members in honor of the USO does for the men and the over 40 new reforms is a non-discrimina- of our military are treated fairly. women who risk so much for us. tion clause outlawing bias on the basis of sex, Current law weights the playing field in favor f pregnancy or marital status. Additionally, of the government, granting the automatic women can own and inherit land, and mat- right to Supreme Court review to the Depart- H.R. 2250 AND H.R. 2681 rimonial property is protected during and after ment of Defense whenever a servicemember the termination of marriage. Customary law (a wins his or her case, but denying HON. TIMOTHY H. BISHOP traditional practice that has come to be ac- servicemembers that same right when the OF NEW YORK cepted as law), which is inconsistent with the government wins a conviction against them in IN THE HOUSE OF REPRESENTATIVES constitution, is now void. almost all situations. This is just unfair. This document does much to protect the Thursday, October 6, 2011 I believe strongly that it is fundamentally un- rights of women within Kenya. But as anyone just to deny those who serve on behalf of our Mr. BISHOP of New York. Mr. Speaker, the who lives in a democracy knows, such con- country in the military one of the basic rights American people can breathe easier—well, stitutional mechanisms must be followed by afforded to all other Americans. perhaps that’s the wrong choice of words—the meaningful actions and constant vigilance to I hope that you will stand with me in support American people should be thankful to the actually become reality. of this legislation to attain equal treatment for leadership of the House for pursuing the pro- The nation of Kenya is facing many trials at those who fight for us. pollution agenda they have clamored for these the moment. The crisis in the Horn of Africa is f many months. killing, starving or displacing over 13 million After legislative successes that have in- people. Drought conditions have persisted in IN HONOR OF 2011 USO GALA cluded begrudgingly passing Continuing Reso- the region. Food insecurity is affecting 3.75 lutions to fund government operations, the million people, excluding refugees, in Kenya, HON. DENNIS J. KUCINICH House turned this week to the top national pri- and 4.3 million men, women, and children OF OHIO ority of relaxing pollution controls for cement there desperately require humanitarian assist- IN THE HOUSE OF REPRESENTATIVES kilns and hamstringing the EPA’s ability to ance. At its peak, Kenya and Ethiopia saw crack down on harmful emissions from indus- Thursday, October 6, 2011 nearly 1,000 people a day arrive at refugee trial boilers. camps to escape the famine in Somalia. Sex- Mr. KUCINICH. Mr. Speaker, I rise today in I wonder why it has taken so long to get ual violence against women in these already honor and recognition of the 2011 United these critical bills to the floor. In my district on overcrowded refugee camps is on the rise. Service Organizations (USO) Gala, as it hon- Long Island, I’m often mobbed by constituents There are no easy solutions to this crisis, ors the Spirit of the USO Award Recipient, demanding more mercury in our air. And and we in the United States must step up and Spirit of Hope Award Recipient, heroes from clearly economists agree it’s the silver bullet do our part to help alleviate this suffering as the U.S. Armed Forces, and the volunteers we need to jumpstart the economic recovery. well. Nonetheless, in face of these adversities, who support them around the world. Perhaps the majority believes that clean air it is heartening to see Kenya’s men and The United Service Organizations, in its is choking our recovery and the economy is women move forward together, as equals and 70th year of existence, is a non-profit organi- drowning in drinkable water. as partners. By empowering Kenyan women zation which endeavors to offer comfort and But, in all seriousness, we are pursuing this and rejecting gender-based discrimination, the hope to the United States armed forces, both pollution agenda while failing to deal with the new Kenyan constitution has paved the way at home and abroad. With more than 150 cen- real issues stifling job growth, things like a for a brighter future for the Kenyan people. ters worldwide, the USO offers support to mil- shortage of credit for small businesses, unfair f lions of Americans. currency manipulation by China and stagnant When it began during World War II, the consumer demand. IN HONOR OF HIS BEATITUDE PA- USO provided support to the troops in a num- So, Mr. Speaker, how about instead of TRIARCH BECHARA PETER RAI, ber of different ways, most famously through passing a bill to make it easier for cement PATRIARCH OF ANTIOCH FOR the entertainment of the troops while away kilns to pollute, let’s do something real, like THE MARONITE CATHOLIC from home. Though initially dissolved in 1947, put construction workers to work using cement CHURCH it was revived during the Korean War and has to rebuild our nation’s infrastructure. been an active organization ever since. f HON. DENNIS J. KUCINICH ‘‘Bringing a touch of home to our troops,’’ the OF OHIO COMMEMORATING THE FIRST AN- USO continues to do good, boosting the mo- IN THE HOUSE OF REPRESENTATIVES rale of our troops at home and abroad, thanks NIVERSARY OF THE KENYAN to donations and volunteers. CONSTITUTION Thursday, October 6, 2011 The legacy of the USO is continuous and Mr. KUCINICH. Mr. Speaker, I rise today in expansive. For current service members at HON. ROSA L. DeLAURO honor of His Beatitude Patriarch Bechara home and abroad, veterans and for the fami- OF CONNECTICUT Peter Rai, Patriarch of Antioch for the lies of the fallen, the USO provides millions of IN THE HOUSE OF REPRESENTATIVES Maronite Catholic Church, and welcome him men and women with care. Its various pro- to the City of Cleveland on October 11th, grams provide a wide range of services for Thursday, October 6, 2011 2011. service members, including games, care pack- Ms. DELAURO. Mr. Speaker, last August we With more than three million members ages, the ‘‘mobile USO,’’ free phone cards witnessed a flowering of freedom in Eastern worldwide, the Maronite Catholic Church is and a program which enables those stationed Africa. On August 5, 2010, Kenya endorsed a among the largest Eastern-rite sects of the abroad to record a DVD of themselves for brand new constitution, which guaranteed all Roman Catholic Church and is especially their family members. In addition to all of this, Kenyan citizens the rights to security, housing, prominent in Lebanon. The parish of Cleve- the USO continues its celebrity tours, pro- food, life, freedom from discrimination and the land’s St. Maron Church will be hosting Patri- viding entertainment to the troops. freedom of expression, among others. I rise arch Rai as he visits Cleveland next week. St.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.024 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1796 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 2011 Maron Parish is the largest Maronite Catholic costs and higher worker productivity mean HONORING CROWLEY COUNTY community in the Mid-West. tens of billions of dollars more in net benefits CENTENNIAL CELEBRATION Patriarch Rai was born on February 25, and will result in lower rates of illness and 1940 in Himlaya, Matn District, Lebanon. On death. HON. CORY GARDNER July 31, 1962 he entered the Mariamite At the start of the 112th Congress, the Ma- OF COLORADO Maronite Order. Five years later, on Sep- IN THE HOUSE OF REPRESENTATIVES tember 3, 1967, Patriarch Rai was ordained a jority put in place rules requiring that all legis- Thursday, October 6, 2011 priest and almost immediately began working lation be offset by new authorizations but that on Arabic transmissions of Vatican Radio. In rule is disregarded in these bills. In other Mr. GARDNER. Mr. Speaker, I rise today to 1975, he earned a PhD in canon and civil law. words, these bills are not paid for. H.R. 2250 honor the Centennial Celebration of Crowley On July 12, 1986, Patriarch Rai was con- and H.R. 2681 would nullify existing EPA rules County, Colorado. secrated as auxiliary bishop of Antioch and on and require EPA to start the rulemaking proc- When the State of Colorado was accepted June 9, 1990 he was appointed bishop of ess over again—a process the Congressional into the United States in 1876, this portion of Byblos. He was elected Secretary of the Budget Office estimates would result in $1 mil- Southeast Colorado became known as Otero County. Maronite Synod in 2003. He was the recipient lion in discretionary spending by EPA. of the National Order of the Cedar award in In August of 1911, Crowley County became 2007. In 2009, he was appointed President of I oppose these bills that would increase officially incorporated in the State of Colorado. the Lebanese Episcopal Commission for the toxic air pollution, cost lives, drive up health It took its name from Joseph H. Crowley, a Media. On March 25, 2011 Patriarch Rai was care costs, and fundamentally weaken future Senator in the Colorado State Legislature. elected Patriarch of the Maronite Catholic standards under the Clean Air Act. We must Crowley County began to flourish with a rich Church. protect our communities from toxic polluters. agricultural economy. The plentiful land at- tracted many to settle in Crowley. Mr. Speaker and colleagues, please join me Had I been present October 5, 2011, I in welcoming His Beatitude Patriarch Bechara Numerous farmers and ranchers came to would have voted ‘‘aye’’ on Amendments #1, Crowley because of ample grasslands for Peter Rai, Patriarch of Antioch for the 2, 4, 7, 8, 9, 11, 14, 16, 17, 18, 20, and 21, Maronite Catholic Church to City of Cleveland. grazing livestock as well as soil able to to H.R. 2681. produce wheat, corn, alfalfa, and sugar beets f to name a few. IN OPPOSITION TO H.R. 2681 AND f Many successful ranchers and farmers con- H.R. 2250 tinue their steadfast love of the land and pro- H.R. 2250 AND 2681 vide a vital base of revenues and jobs for the HON. CAROLYN B. MALONEY Crowley Community. Since 1911, the eco- nomic base has added new jobs and indus- OF NEW YORK HON. EARL BLUMENAUER tries. IN THE HOUSE OF REPRESENTATIVES OF OREGON The people of Crowley County continue to Thursday, October 6, 2011 be resourceful and seek new ways to drive IN THE HOUSE OF REPRESENTATIVES Mrs. MALONEY. Mr. Speaker, every week their economy and the county continues to move forward. the Majority makes a new attempt to roll back Thursday, October 6, 2011 environmental rules that protect the health of Crowley County continues to hold onto the our citizens and the health of our environment Mr. BLUMENAUER. Mr. Speaker, in 1990, values that were here 100 years ago. These in favor of big polluters. This week the Majority the Clean Air Act Amendments required EPA values, a sense of community, pride, and hard has brought to the floor two bills that accord- to complete and issue regulations on haz- work are still evident today. It is with this sense of community and pride ing to the Environmental Protection Agency ardous air pollutants by 2000. This week, we (EPA) would collectively mean 32,500 more that I am honored to recognize Crowley Coun- considered two bills that would delay two reg- ty’s historic 100 year anniversary. premature deaths, 19,500 additional heart at- ulations for at least another six years—with no f tacks, and 208,000 asthma attacks that other- deadline for EPA to complete these regula- wise would have been avoided. This is unac- tions and giving industry no deadline to com- IN RECOGNITION OF PULASKI DAY ceptable. ply. Enacting these bills combines continued 2011 Instead of working on legislation to increase air pollution with true regulatory uncertainty. employment and create new jobs or legislation HON. DENNIS J. KUCINICH that would support critical infrastructure needs H.R. 2250 and H.R. 2681 targeted regula- OF OHIO of public schools and roads, the Majority is tions that would reduce emissions from two of IN THE HOUSE OF REPRESENTATIVES bringing to the Floor two pieces of legislation the dirtiest industries in the country—cement that would delay the implementation of long kilns and industrial boilers—when most other Thursday, October 6, 2011 overdue air pollution standards. Even though industries already adhere to similar Clean Air Mr. KUCINICH. Mr. Speaker, I rise today in such standards are required by the 1990 Act regulations. Together, the two regulations recognition of the Polonia Foundation of Ohio Clean Air Act Amendments, these bills would eliminated by these bills would save 9,100 and the Department of Ohio Polish Legion of put off the cleanup of mercury and other toxic American lives every year and yield $17 to American Veterans as they unite the commu- pollutants from cement kilns, incinerators, and $43 in health care savings for every dollar nity in remembrance and celebration of Gen- industrial boilers, as well as make permanent eral Casimir Pulaski, for his legacy and dedi- spent reducing emissions under the new changes to the Clean Air Act that weaken cation to the people of Poland and United standards. Both bills require EPA to throw out health and science-based standards. The fa- States of America. cilities targeted by this legislation are some of work it has already completed and start over. Born on March 4, 1747 in Warzka, Poland, the largest sources of U.S. mercury pollution, Both bills add to the deficit and fail to comply General Pulaski achieved great military suc- a powerful neurotoxin known to be dangerous with the Republican cut-go policy. Both bills cess in Poland with his focused leadership to pregnant women and to impair children’s gut EPA’s authority to require the most protec- and strategies in fighting the Russian forces in ability to think and learn. tive standard (MACT—Maximum Achievable Poland. By 1777, General Pulaski had be- The EPA rules are scientific and data driv- Control Technology) and replace it with a re- come one of the most renowned cavalrymen en. These bills would defy science in favor of quirement to select the least burdensome in Europe and was actively recruited by Ben- the regulatory option that is most beneficial to standard, specifically including ‘‘work practice’’ jamin Franklin to assist in the American quest industry, even if another option is feasible, standards, which are merely a requirement to for liberation. cost-effective, and offers better public health keep equipment in working order. Both bills Sympathetic to the American cause, Gen- protections. For example, H.R. 2250 would sacrifice public health to private industry profit. eral Pulaski sailed to America and was made nullify rules that require industrial boilers and head of the newly formed American cavalry incinerators to reduce their emissions, and yet, I strongly oppose both H.R. 2250 and H.R. during the Revolutionary War. General Pulaski estimates for the emission reductions required 2681. Unfortunately, I was unable to be in had a deep level of commitment to the Amer- by the rules would yield $10 to $24 in health Washington on October 6, 2011 to vote ican cause and spent his own money to feed benefits for every dollar spent to meet the against them. Had I been able, I would have and equip his troops. General Pulaski was in- standards. The savings from lower health care voted against both H.R. 2250 and H.R. 2681. volved in many significant battles during the

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K06OC8.014 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1797 Revolution. His ultimate stand took place in CELEBRATING THE 100TH ANNI- members are active throughout the Greater Savannah, Georgia on October 1779, where VERSARY OF THE REPUBLIC OF Cleveland community and can be found volun- he led a valiant charge against British artillery. CHINA (TAIWAN) teering at Cleveland Federation of SNPJ General Pulaski was shot and died a few days Lodges, SNPJ ‘‘Farm,’’ Cleveland Athletic later. HON. ROBERT A. BRADY League, Slovenian Society Home ‘‘Recher,’’ Slovenian Workmen’s Home, and Slovenian This year’s celebration will be held on Octo- OF PENNSYLVANIA Society Home ‘‘Holmes,’’ among others. ber 8th at the Pulaski Memorial and will fea- IN THE HOUSE OF REPRESENTATIVES Lodge #158’s centennial celebration will ture Mr. Joseph A. Drobot, Jr., the National Thursday, October 6, 2011 occur on October 8th at their home hall, Slo- President of the Polish Roman Catholic Union Mr. BRADY of Pennsylvania. Mister Speak- venian Society Home, and feature a dinner of America (PRCUA). Mr. Drobot has been an er, I rise today to celebrate the 100 year anni- and music by the Don Wojtila Band. Special active member of PRCUA for more than 50 versary of the Republic of China (Taiwan) on honors will be paid to members celebrating years and is currently serving as the 27th October 10th, 2011. Despite being a relatively their 50th, 60th, 70th and 80th year’s anniver- President of the organization. new democracy, Taiwan has established saries of membership. Mr. Speaker and colleagues, please join me themselves as a beacon of democracy in Asia. Mr. Speaker and colleagues, please join me in honor and remembrance of General Casimir Taiwan’s President Ma has been successful in recognizing the 100th anniversary of the Pulaski, who made the ultimate sacrifice in his in improving the relationship between Taiwan Loyalties Lodge and those who are celebrating fight to secure the ideals of the American Rev- and Mainland China. Since President Ma has their 50th, 60th, 70th and 80th years of mem- olution. An American hero, General Pulaski’s taken office, there has been a noticeable de- bership with the Slovene National Benefit So- life and legacy serves as a reminder of the crease in tension among China and Taiwan. ciety, Loyalties Lodge #158. vital contributions and great achievements by Instead of hostility, there has been improved f cooperation between the two countries. Direct Polish immigrants within our Cleveland com- TAIWAN’S 100TH ANNIVERSARY munity, and throughout America. flights occur daily between the two countries and the demand for Chinese tourists to visit f Taiwan has increased exponentially. Also, in HON. CORY GARDNER the spirit of cooperation, both China and Tai- OF COLORADO HONORING JIM DAVIS wan are working together to reduce crime IN THE HOUSE OF REPRESENTATIVES along the Taiwan Strait. Thursday, October 6, 2011 Arguably the biggest evidence of their im- Mr. GARDNER. Mr. Speaker, as a proud HON. JON RUNYAN proved relationship, though, is the signing of member of the Taiwan Caucus, I rise today to the historic Economic Cooperation Framework OF NEW JERSEY honor Taiwan on its 100th National Day which Agreement (ECFA) last year. This agreement will occur on October 10th. IN THE HOUSE OF REPRESENTATIVES allows for China and Taiwan to trade and do The relationship between Taiwan and the business with one another in ways that was Thursday, October 6, 2011 United States has developed into a friendship not thought to be possible five years ago. It is and alliance that I know will continue for years comforting and encouraging to see two coun- Mr. RUNYAN. Mr. Speaker, I rise today to to come. tries pursuing peace and cooperation in this honor a true hometown hero and one of the Taiwan is a paradigm of what true demo- time of worldwide instability and upheaval. stars of the Bi-Annual Congressional Football cratic values can bring to a nation. Mr. Speaker, I ask that you and my other Game for Charity, Jim Davis. Jim is currently It has a robust record of protecting indi- distinguished colleagues join me in congratu- deployed as a reservist in Iraq where he is the vidual rights, liberty, representative govern- lating Taiwan on their 100th anniversary, and ment, capitalism, and many more democratic First Sergeant for C Company, 373rd Military thank President Ma for his continued efforts in Battalion at Camp Liberty, Iraq. values that have furthered the nation’s pros- practicing peace. perity. Prior to his deployment, Jim served as a f Taiwan has developed an economy that U.S. Capitol Police Officer and K9 Handler. He successfully does business around the world was also one of the fiercest and most com- IN RECOGNITION OF THE 100TH AN- NIVERSARY OF THE SLOVENE and their commitment to economic and polit- petitive players on the Capitol Police Football ical freedom is a model for countries across Team. Once again, Jim will play for the Cap- NATIONAL BENEFIT SOCIETY, LODGE #158 ‘‘LOYALTIES’’ the globe and throughout the region. itol Police Team and take on the Members of I urge my colleagues to join me in congratu- the 112th Congress. Jim scheduled his leave lating Taiwan on its 100 years of principled ex- in order to make this year’s game, due to his HON. DENNIS J. KUCINICH istence, and on its living example of true de- commitment to the charities the Congressional OF OHIO mocracy against threats that at times might Football Game supports—The Capitol Police IN THE HOUSE OF REPRESENTATIVES cause others to cower. Memorial Fund and Our Military Kids. Thursday, October 6, 2011 f Jim was born here in Washington, DC and Mr. KUCINICH. Mr. Speaker, please join me TRIBUTE TO CADE SPINELLO raised in Northern Virginia. After graduating in recognizing the 100th anniversary of the from Robert E. Lee High School in Springfield, Slovene National Benefit Society, Lodge #158 HON. KEN CALVERT VA, Jim joined the United States Marine Loyalties. Corps. He was on active duty for 4 years in OF CALIFORNIA The Slovene National Benefit Society IN THE HOUSE OF REPRESENTATIVES the USMC, and then spent 5 years on active (SNPJ) was founded on April 6, 1904 by 12 duty in the Army. Slovenian immigrants with the intent of offer- Thursday, October 6, 2011 Throughout Jim’s time in the service, he re- ing life insurance and sick and disability bene- Mr. CALVERT. Mr. Speaker, I rise today to mained active in athletics, playing football for fits. Today, with more than 125 lodges nation- honor and pay tribute to an incredible young the Marine All-Star team-and running track for wide, SNPJ is the largest Slovenian fraternal boy, Cade Spinello, from my congressional the All-Army track team at Ft. Hood prior to organization in the United States. In addition district who has faced so many challenges in Desert Storm. While on active duty in Ger- to its fraternal benefits, SNPJ also offers its his young life. Cade’s story came to me from many, Jim also played football for the NFL members access to a scholarship program, a family friend of the Spinello’s and I am hon- feeder team—Frankfurt Galaxy. activities for members of all ages and use of ored to share it here. In 2009, Cade’s parents, its summer campsite, the SNPJ Recreation Michael and Erin, noticed that Cade’s eyes Although we hope to beat the Capitol Police Center in Lawrence County, Pennsylvania. were not lining up normally when he tried to in this year’s Congressional Football Game, Organized in 1911, Lodge #158 was origi- focus. The doctor told the Spinello’s that little we do wish Jim all the best in his current pur- nally called the Pioneers. In 1954, Lodge #158 Cade had lazy eye and prescribed a patch suit of an MBA at Johns Hopkins University merged with Lodge #590 and became the over the good eye to strengthen the weak eye. and a position as a Command Sergeant Loyalties. Today, with 1,223 adult members After a year of using the patch, Cade’s condi- Major. and 328 youth members, Lodge #158 is the tion worsened, and after a closer look the doc- Mr. Speaker, I ask my colleagues to join me largest SNPJ lodge in the State of Ohio and tor realized that Cade’s optical nerve was in- in honoring Jim Davis. the 3rd largest in the United States. Loyalties flamed. After an MRI, the doctor told Cade’s

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K06OC8.015 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1798 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 2011 parents the devastating news: Cade had a The Cleveland Home of Aged Colored People as well as adults and children with disabilities. tumor the size of an egg at the bottom of his officially changed its name to the Eliza Bryant Approximately six million adults over the age brain right behind his right eye. All of this was Home for the Aged. After generous donations of 65 need daily assistance to live outside a happening as Erin gave birth to their second by the Dorcas Society and the A.M. McGregor nursing home. This alarming figure will grow to child, Lucy. Home, the Eliza Bryant Home moved to a new more than twelve million by 2030. After the discovery of the tumor, Cade was location on Addison Road and was able to It is also worth noting that U.S. life expect- immediately sent to surgery where surgeons care for 47 people. Just several years later the ancy has been generally increasing since at were able to remove 30% of the tumor and aged building became inadequate and, in least the 1940s. Earlier this year, the Centers provide much relief to Cade. The Spinello’s, 1985, the Eliza Bryant Home opened in Cleve- for Disease Control and Prevention noted that and all their friends and family, were relieved land’s inner city. In 1999, the organization ex- life expectancy in the United States has hit an- to hear that the tumor was benign. Unfortu- panded further with the opening of the Inez other all-time high, rising above 78 years. nately, as Cade was recovering from surgery, Myers Senior Outreach Center and Eliza Bry- With longer life expectancy, come higher he suffered a stroke that paralyzed the right ant Manor, a senior housing complex con- rates of chronic illness, disability and the need side of his body and left him without speech. sisting of 60 units. After the opening of these for more sustainable long-term care services. Over a year has passed since the surgery two facilities, the organization was renamed to The average senior today will spend two or and the stroke and the only word to describe Eliza Bryant Village (EBV). More recently, more of their final years disabled enough to Cade’s recovery is ‘‘miracle.’’ This brave EBV acquired the former Madonna Hall Nurs- need someone to help them with routine ac- young boy has overcome challenges most of ing Home, opened the Eliza Bryant Garden tivities of daily living because of chronic ill- us never face in a lifetime. He is walking and Estates and continues to expand its services. ness. talking again. He has participated in a T-ball Approximately 100 women are members of To help meet the growing needs of our na- league. All this while going through a second EBV’s three Auxiliaries, which work to tion’s caregiver communities and their dis- surgery that saved his right eye and chemo- fundraise and support the residents of Eliza abled loved ones, RCI helped to develop an therapy that has significantly reduced the size Bryant Village. The goal of the 43rd Annual innovative, online information exchange me- of his tumor. Mart is to obtain funding to enhance EBV’s dium within the Georgia CARE–NET coalition The Spinello family has endured through so programming, improve transportation and spe- program that allows agencies and caregivers many hardships yet they face each day with cial medical equipment for its residents and to obtain information about effective caregiving optimism and with their deep faith in God. The provide adult daycare for the elderly in the interventions. The online resource helps family community of Ladera Ranch has rallied community. caregivers determine which long-term health around them and held fundraisers to help pay Mr. Speaker and colleagues, please join me programs will best meet the specific needs of the medical bills. Through it all stands Cade in recognition of Eliza Bryant Village as it con- those in their care. Spinello, a testament to love, courage, and tinues its work as being a premier provider of RCI is also working in tandem with other or- perserverance. healthcare, programs and services to the ganizations to secure full funding to establish Today I ask the U.S. House of Representa- Greater Cleveland community. a Family Caregiver Education and Training tives to take a moment and honor this incred- f Network. This network will provide access to ible young boy and his family. I ask that all of training in evidence-based strategies for family us keep Cade, and the entire Spinello family, IN RECOGNITION OF THE caregivers. in our prayers as they continue down the path ROSALYNN CARTER INSTITUTE Mr. Speaker, I would ask that my colleagues of recovery. I look forward to the day, not so FOR CAREGIVING join me in applauding the exceptional efforts of long from now, that I will stand up here and former First Lady Rosalynn Carter, the RCI congratulate Cade on his high school gradua- HON. SANFORD D. BISHOP, JR. and its partner organizations for all they have tion and all the accomplishments that he will OF GEORGIA done and will continue to do to address the achieve in his life. For now, I simply stand in IN THE HOUSE OF REPRESENTATIVES paramount and expanding needs of America’s awe of a young boy who has conquered more Thursday, October 6, 2011 caregivers. Their noble deeds and remarkable in his young life than most do in an entire life- achievements have improved the quality of life time. Mr. BISHOP of Georgia. Mr. Speaker, I rise for many of our nation’s disabled seniors and today to salute the outstanding humanitarian f chronically ill citizens. I and many others will efforts and health care advocacy initiatives of remain eternally grateful to them for their IN RECOGNITION OF ELIZA one of my home-state’s most prestigious orga- many noteworthy endeavors and selfless acts BRYANT VILLAGE nizations, the Rosalynn Carter Institute for of grace. Caregiving (RCI) at Georgia Southwestern f HON. DENNIS J. KUCINICH State University in Americus, Georgia. It is ap- OF OHIO propriate and entirely fitting that this premier CONGRATULATING ROBERT FOY ON HIS RETIREMENT IN THE HOUSE OF REPRESENTATIVES institute proudly bears the name of one of my most universally beloved constituents and one Thursday, October 6, 2011 of America’s most dedicated advocates for the HON. DALE E. KILDEE Mr. KUCINICH. Mr. Speaker, I rise today in underserved—former First Lady of the United OF MICHIGAN recognition of Eliza Bryant Village, a non-profit States of America, Mrs. Rosalynn Carter. IN THE HOUSE OF REPRESENTATIVES organization that is dedicated to providing RCI was established in 1987 and was quality services, outreach programs and a dig- formed in honor of former First Lady Rosalynn Thursday, October 6, 2011 nified, compassionate and secure environment Carter to recognize her long-standing commit- Mr. KILDEE. Mr. Speaker, I rise today to for seniors. On Saturday, November 6, 2011 ments to human development and efforts to wish my dear friend, Robert Foy, a joyous and the Eliza Bryant Auxiliary II will host its 43rd push for parity in the delivery of long-term wonderful retirement. I have known Bob for Annual Luncheon, Fashion Show and Mart care health services. One of the institute’s pri- most of my life. We grew up in the same ‘‘Celebrating a Community of Generosity.’’ mary missions is to establish local, state and neighborhood and went to St Mary’s Catholic In 1858, Eliza Bryant came to Cleveland, national networks that collaboratively work to school together. Like me, he spent time study- Ohio with her mother and brother and they be- build more effective long-term care systems ing in the seminary and found great reward in came known for providing African Americans and provide enhanced support services for the serving his community. with food, shelter, clothing and guidance. Sev- millions of caregivers who selflessly tend to Public service is something that is deeply in- eral decades later, Eliza, concerned by the the needs of our nation’s dependent loved grained in Bob. His service began as young fact that African Americans were not permitted ones. man when he entered the United States Air in nursing homes, began working in the com- Due to emerging changes in our nation’s Force. After rising to the rank of Colonel, Bob munity on behalf of the elderly. Inspired by her demographics and a rapidly aging baby boom- left his successful military career and joined dedication, John D. Rockefeller made a finan- er population, the current services provided by the Flint Mass Transportation Authority in cial donation that led to The Cleveland Home the Rosalynn Carter Institute for Caregiving 1975 as comptroller. From there, he rose to of Aged Colored People (The Home). have never been more warranted than right assistant general manager and then general Since 1896, The Home has gone through now. As cited by the RCI, over fifty million manager in 1984. Upon his retirement, Bob several changes. In 1914 a new, 19 bed facil- family caregivers provide the largest propor- will have served an astounding 27 years as ity was purchased on Cedar Avenue. In 1960, tion of care for dependent elderly individuals the general manager of the Flint MTA.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.033 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1799 While general manager of the Flint MTA, Mr. Speaker and colleagues, please join me ties and contributions of David Isiah Stroman, Bob created a state-of-the-art transportation in recognizing the 75th anniversary of Jr. to his family and to our community. His system and infrastructure. His focus on low-in- Zumberak Lodge and those who are cele- birthday gives his family and friends, and the come and seniors has created more opportu- brating 50 years of membership with the Cro- residents of the District of Columbia, an oppor- nities for the clients and jobs throughout the atian Fraternal Union of America, Zumberak tunity to thank him for his many gifts of love community. The Your Ride program that he Lodge #859. and friendship. I ask the House to join me in designed and implemented serves almost f celebrating the 100th birthday of David Isiah 50,000 passengers a month with an emphasis Stroman, Jr., a special man whose service to CELEBRATING DAVID ISIAH on seniors and the disabled. our community is greatly appreciated. STROMAN ON HIS 100TH BIRTHDAY Bob has been called a visionary by many who know him and I echo this sentiment. His f work to modernize the transportation system HON. ELEANOR HOLMES NORTON will have a lasting impact on the community. OF THE DISTRICT OF COLUMBIA IN RECOGNITION OF THE RETIRE- He created unique partnerships with Kettering IN THE HOUSE OF REPRESENTATIVES MENT AND DEDICATED SERVICE University and Michigan State University that Thursday, October 6, 2011 OF ALVIN ‘‘AL’’ COBY paved the way for a MTA Alternative Fuel Fa- Ms. NORTON. Mr. Speaker, I rise today to cility. This cutting edge Compress Natural ask the House of Representatives to join me HON. JEFF MILLER Gas/Propane fueling station will serve as in celebrating David Isiah Stroman, Jr. on his OF FLORIDA ground zero for research that could lead to in- 100th birthday today. creased efficiency and cost savings that will Born in South Carolina, Dave, as he is af- IN THE HOUSE OF REPRESENTATIVES save taxpayers money across the state. fectionately known, has spent most of his life Thursday, October 6, 2011 Mr. Speaker, I can honestly say that every- as a resident of the District of Columbia. After thing Bob touched became better because he graduating from Booker T. Washington High Mr. MILLER of Florida. Mr. Speaker, I rise was involved. He brought decency to whatever School and attending Benedict College in today to recognize the retirement of Alvin ‘‘Al’’ he did personally and professionally. Please South Carolina, Dave moved to the nation’s Coby after 27 years of service to the City of join me in congratulating Robert Foy on his capital. Pensacola, Florida. tremendous career and wish him well in retire- Dave was a natural athlete, so it came as Mr. Coby’s service to our nation began in ment. no surprise that he fell in love with golf when 1971 when he joined the few and the proud to f he began working as a caddy at Indian become a United States Marine. Upon com- Springs Country Club in Silver Spring, MD, pletion of the Officer Basic Course in IN RECOGNITION OF THE 75TH AN- earning $0.50 a round. During those days, the Quantico, Virginia, he reported to Naval Air NIVERSARY OF THE CROATIAN old West Potomac Park on Constitution Ave- Station Pensacola, Florida, where he began FRATERNAL UNION OF AMERICA, nue was the only golf course in DC that Afri- his flight training. Upon earning his wings, he LODGE # 859, ZUMBERAK can Americans were allowed to use, and Mon- was selected to fly the F–4 ‘‘Phantom’’. Mr. day was the only day they were allowed to Coby served three tours as a Marine aviator in HON. DENNIS J. KUCINICH play on it. However, the Langston Golf Course Vietnam, before returning to the ‘‘Cradle of OF OHIO opened in 1939, giving Dave and his friends a Aviation’’ in 1978 to serve as a flight instruc- IN THE HOUSE OF REPRESENTATIVES primary golf course to call their own. Over the tor. Under his leadership and expertise, many Thursday, October 6, 2011 years, Dave met famous golfers like Lee brave men and women were trained as pilots Elder, Calvin Peete and Charlie Sifford. In the who went on to serve during the Cold War Mr. KUCINICH. Mr. Speaker, I rise today in late 1940s, Dave met and became golf part- and in Iraq, Bosnia, Afghanistan, and across recognition of the 75th anniversary of ners with boxing great Joe Louis, and they the globe. Zumberak Lodge, of the Croatian Fraternal shared many happy times competing against Union of America. After eleven years of military service, Al each other. Coby departed active duty. He then attended The Croatian Fraternal Union of America Dave’s successes did not stop at golf. He graduate school at the University of West Flor- (CFU) is the largest and oldest Croatian orga- began his federal government career in 1935 ida and joined the City of Pensacola in 1984 nization in North America. There are more at the Bureau of Engraving and Printing, which as Assistant City Manager. Mr. Coby has than 200 lodges throughout the United States had just begun to hire African Americans. He served the City of Pensacola in various capac- and Canada and 18 in the State of Ohio. The worked there until his retirement in 1969. ities, including Community Redevelopment Di- CFU was founded on September 2, 1894 as Dave was married to his first wife, Mildred, rector, Assistant City Manager and City Man- the Croatian Union of the United States, and during his early years at the Bureau, until her ager. During his tenure with the City, he also in 1895 was renamed the National Croatian death in 1939. Dave married his second wife, served as a member of two state appointed Society. The National Croatian Society Pamela Wilhoite, in 1949. Dave and Pam boards, as well as numerous local boards and merged with several other Croatian organiza- have two daughters, Tayloria and India, one committees. Currently, he is a member of the tions and became the Croatian Fraternal grandson, Azani, two sons-in-law, Purnell and Sacred Heart Hospital Advisory Board, the Union of America in 1925. Originally, CFU was Daryl, a step granddaughter, Ashley, and a Downtown Rotary, and the Boy Scouts of created as a society of mutual aid for Cro- step great grandson, Zion. atians in the event of sickness and death. It During Dave’s time at the Bureau, he cul- America Gulf Coast Council. has also been publishing its own newspaper, tivated many relationships with his co-workers. In 2004, Hurricane Ivan devastated the pan- The Zajednicar, since 1904. Today, in addition Together, they formed social clubs like ‘‘The handle of Florida, and Mr. Coby became an to providing insurance, the CFU is dedicated SWAGS,’’ whose clubhouse dances and boat integral part of the recovery process. His tire- to preserving Croatian culture in North Amer- rides were the place to be in the 1950s. As a less dedication to rebuilding homes and busi- ica, and provides numerous fraternal and cul- member of a club of retired golfers, the Mon- nesses in Pensacola is a true testament to his tural programs for its members. day Morning Golf Club, Dave played golf at character. In 2010, with the Deepwater Hori- In addition to celebrating the 75th anniver- different courses every Monday. Dave and his zon oil spill affecting residents and businesses sary of Zumberak Lodge, members who have co-workers met the actor Bill Murray at the in the Gulf Coast region, Mr. Coby organized been with the Croatian Fraternal Union for 50 Bureau, who encouraged all of them to be- a team of City employees to focus on recovery years will also be honored at the celebration. come members of the Masonic Temple. Dave and long-term development. He led the recov- The 50 year members include: Gerald Babbits, later signed his petition as a Master Mason. ery team with distinction, and his hard work Dwayne Hunn, Robert Knezevic, Ann Lang, He is a member of Mecca #10 Shrine Temple, and dedication helped to ensure that the City Mary Ann Mave, Linda Mayo, William Rubick Mt. Vernon Chapter #1, Holy Royal Arch Ma- of Pensacola was prepared to respond quickly and Barbara Zander. The celebration will sons, Redemption Lodge #24, and Simon and effectively to this unprecedented disaster. begin with a service at St. Nicholas Croatian Commandery. Today, Dave continues to enjoy Mr. Speaker, on behalf of the United States Byzantine Catholic Church and be followed by life by being in the company of family and Congress, I congratulate Mr. Coby on his re- a memorial service for deceased members, a friends, going to golf courses, and cheering on tirement and thank him for his faithful and self- blessing for the 50 year members and con- the Washington Redskins. less service to this great Nation and to the clude with a champagne brunch at Manor In celebrating this significant milestone, we Northwest Florida community. My wife Vicki Party Center in Euclid, Ohio. acknowledge the extraordinary personal quali- and I wish him and his family all the best.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A06OC8.035 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1800 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 2011 HONORING THE LEGACY OF through her 3 children, 4 grandchildren and 3 Mrs. Cooper has dedicated much of her life FRANCES CHAMBERS great-grandchildren. She was a unique and to serving the Memphis community. She was truly awe-inspiring woman. All of our hearts in instrumental in the founding of the Le Bonheur HON. ILEANA ROS-LEHTINEN the South Florida community are a little heav- Club which is a non-profit organization that OF FLORIDA ier this week as we honor and remember supports Le Bonheur Children’s Hospital IN THE HOUSE OF REPRESENTATIVES Frances Chambers. through fundraising and volunteer service. Mrs. Cooper helped shape Les Passees, Thursday, October 6, 2011 f Memphis’ original women’s volunteer organi- Ms. ROS-LEHTINEN. Mr. Speaker, South HONORING ASHEVILLE BUNCOMBE zation. Les Passees was incorporated in 1932 Florida recently lost a truly remarkable woman COMMUNITY CHRISTIAN MIN- and has since supported the USO, the Shelby and pillar of our community—Mrs. Frances ISTRY OF ASHEVILLE, NORTH County Chapter of Society for Crippled Chil- Chambers. Fran, as she was affectionately CAROLINA ON THE 20TH ANNI- dren and Adults, opened a center for children known, leaves behind a legacy that will long VERSARY OF ITS DOCTOR’S MED- living with cerebral palsy and centers dedi- endure. ICAL CLINIC cated to the well-being of children and fami- Fran was the consummate lifelong learner. lies. Born on November 13, 1921, in Miami, Fran HON. HEATH SHULER Throughout her life, Margaret Cooper has graduated from Booker T. Washington High, OF NORTH CAROLINA had quite the reputation as a great dancer. and then went on to receive a Bachelor of Arts IN THE HOUSE OF REPRESENTATIVES Today, she still makes Saturday nights her degree—with highest honors—from Bennett Thursday, October 6, 2011 dancing nights. During her 100th birthday College in 1942. She then received a Master celebration, well-known Memphis band leader of Arts degree from New York University, and Mr. SHULER. Mr. Speaker, I rise today to honor the Asheville Buncombe Community Jim Johnson will fulfill a promise he made to later continued her studies, amassing more Mrs. Cooper nearly 20 years ago. He told her postgraduate credits than are required for a Christian Ministry, ABCCM, of Asheville, North Carolina, on the occasion of the 20th anniver- that he would get his band back together to doctoral degree from several Florida univer- perform at her 100th birthday party. I am cer- sities. sary of its Doctor’s Medical Clinic. The ministry was founded in 1969 by eight tain that she and all of her family and friends She turned her enthusiasm for studies into local churches and is now a cooperative min- will have a memorable celebration filled with a love of teaching. Fran taught and guided istry of more than 260 churches that strive to fun and dancing. generations of students in Miami-Dade County serve the needy citizens of Buncombe County. All who know Margaret Cooper admire her Public Schools, where she was loved by her In 1991, the ministry opened a clinic to deliver perennially positive outlook which has influ- students and admired by her peers. For more quality medical care, referral management, enced hundreds throughout her life. I ask my than 37 years Fran shared her passion with and medication for the citizens of Buncombe colleagues to join me in wishing Mrs. Margaret her students at Dunbar Elementary, Miami County who are uninsured, underinsured and Askew Cooper a happy 100th birthday and in Jackson Senior High, COPE Center North, ineligible for Medicaid or Medicare. A number commending her on a life dedicated to her and Holmes Elementary. She was involved in of volunteer registered nurses, nurse practi- family and her community. nearly every aspect of education for the chil- tioners, social workers and physicians donate f dren of South Florida—finally retiring in 1979. But Fran was not just a perennial educator; countless hours of their time to see to the PERSONAL EXPLANATION she was also a committed volunteer. She medical needs of their fellow citizens in an began volunteering for the March of Dimes empathetic and welcoming manner. In addition to the Doctor’s Medical Clinic, HON. JERROLD NADLER and American Heart Association in the 1950s. ABCCM also performs community outreach in OF NEW YORK Later, she served as board chair of the James other ways by providing counseling, food, IN THE HOUSE OF REPRESENTATIVES E. Scott Community Association, a group that clothing, furniture, rent and utility assistance, provides social services for those in need, and Thursday, October 6, 2011 and transportation to the disadvantaged in the was also a member of the Seniors Centers of Mr. NADLER. Mr. Speaker, I was unavoid- community. It provides educational opportuni- Dade County, League of Women Voters and ably detained at a meeting outside the Capitol, ties and books and coordinates religious serv- the NAACP. Fran remained active in the com- and I missed one vote on October 5, 2011. ices for inmates at local jails. The ministry also munity well after her retirement from Miami- Had I been able to, I would have voted ‘‘aye’’ operates two shelters, one to help homeless Dade County Public Schools—her commit- on rollcall vote No. 747, an amendment of- veterans reenter society and one to provide ment to volunteerism and the South Florida fered by Mr. WAXMAN to H.R. 2681, the Ce- emergency shelter for homeless women. community is as impressive as it is praise- Mr. Speaker, I am honored to recognize the ment Sector Regulatory Relief Act of 2011. worthy. Asheville Buncombe Community Christian f Her other passion was for the preservation Ministry for the outstanding work they have and dissemination of the history of Miami’s Af- PASSING OF HARRY KEMP done for more than 40 years in Western North rican-American pioneers. Fran had a vision to Carolina. As they celebrate the 20th anniver- research and publish a book, so that the sary of the Doctor’s Medical Clinic, I ask my HON. GWEN MOORE records of these remarkable people could be colleagues to join me in celebrating their hard OF WISCONSIN recorded and shared. Her goal was to help as- work and spirit of compassion that has had an IN THE HOUSE OF REPRESENTATIVES sure that future generations could appreciate enormous impact on the lives of many of the Thursday, October 6, 2011 the long and difficult road so many of these neediest in our community. pioneers had to endure, and to draw strength Ms. MOORE. Mr. Speaker, I rise to pay trib- and encouragement from them. f ute to Harry Kemp, who passed away on Sep- In 2000, Fran learned she was afflicted with RECOGNIZING THE 100TH BIRTH- tember 29, 2011, at the age of 78 years. Mr. Alzheimer’s disease. But this bad news could DAY OF MARGARET ASKEW Kemp was a mentor, community leader, vet- not keep her dream from being realized. After COOPER eran and most of all a consummate profes- nearly three decades, her vision finally came sional photographer. In fact, Mr. Kemp was to fruition. Her resolve and her vision were so HON. STEVE COHEN often called the Visual Griot of Milwaukee’s Black Community. admired by those in the South Florida commu- OF TENNESSEE Through his camera lens Mr. Kemp cap- nity that others picked up her mantle and car- IN THE HOUSE OF REPRESENTATIVES ried out her work to completion. In 2010, a tured over 50 years of Milwaukee’s Black collaborative effort made her dream a reality. Thursday, October 6, 2011 Community by recording countless historic Linkages & Legacies was the end result of all Mr. COHEN. Mr. Speaker, I rise today to functions, political gatherings, educational lec- of Fran’s hard work. And in true Frances recognize the 100th birthday of lifelong Mem- tures and social functions. In the late 1960s, Chambers style, the publication was her gift to phian Margaret Askew Cooper. Born October Mr. Kemp became a member of the Black the community so that this history could be 8, 1911, Mrs. Cooper is the mother of three Press and he took photographs for the Mil- told for generations to come. children, Charles Askew, Mauri Askew and waukee Community Journal, the Milwaukee Fran may be gone, but her legacy and love Turner Askew. She has five grandchildren, six Courier and the Milwaukee Times. He was a will forever be a constant presence in South great-grandchildren and numerous nieces and photographer for the Milwaukee Brewer’s Florida. It is carried on through her work, and nephews. Baseball Team and worked as a freelance and

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.037 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1801 commercial photographer. Mr. Kemp taught HONORING THE LIFE OF DR. RAZA Breast Cancer Awareness Month. This month photography at North Division, Hamilton and DILAWARI we stand together with those who have brave- South Division High Schools. Harry Kemp ly faced this disease, as well as to raise served with the U.S. Air Force in the 1950s. HON. STEVE COHEN awareness toward finding a cure. Mr. Kemp was born in Racine and raised in OF TENNESSEE I am proud to wear this pink ribbon pin in Milwaukee and spoke of the values instilled by IN THE HOUSE OF REPRESENTATIVES support of National Breast Cancer Awareness Month and to recognize the importance of role models, including his father, also named Thursday, October 6, 2011 Harry, mother Marie Gaines and stepfather early detection in an effort to eradicate this Lincoln Gaines. Harry Kemp began taking pic- Mr. COHEN. Mr. Speaker, I rise today to disease, includin encouraging women and tures while in the Boy Scouts and received his honor the life of Dr. Raza Ali Dilawari, a great men to follow recommended screening guide- first Brownie camera when he was 12. He Memphis surgeon known for his work in the lines. Furthermore, we must make certain that began studying journalism in Texas and stud- field of oncology. He was born in the Walled every woman has access to regular mammog- ied photography elsewhere. City of Lahore, Pakistan and completed med- raphy screenings. In 1995, Mr. Kemp was officially honored at ical school there at King Edward Medical Col- For more than 20 years, the observance of the Milwaukee City Hall Rotunda and by that lege in 1968. He then completed his surgical National Breast Cancer Awareness Month time had taken 50,000-plus photos. By the residency at SUNY Upstate Medical Center in each October has provided a time for us all to reflect on loved ones who have won and lost time of his death it was estimated that Mr. Syracuse, New York and his surgical oncology the battle against breast cancer. Kemp had taken 100,000 pictures. Mr. Kemp fellowship at the University of Rochester at Strong Memorial Hospital in Rochester, New Every two minutes, a woman is diagnosed leaves behind his sister, Yvonne Kemp his with breast cancer, and every thirteen minutes photographer partner, sister Jo Anne Kemp, York and the Roswell Park Memorial Institute in Buffalo, New York. Dr. Dilawari then went one woman will die of breast cancer in the brother William Kemp and nieces and neph- United States. In Florida alone, an estimated ews. on to spend 35 years in Memphis serving the community as a doctor, teacher and mentor, 15,330 new cases of invasive breast cancer Mr. Speaker, I am proud Harry Kemp hailed will be diagnosed in women in 2011 and 2,690 from the 4th Congressional District and that I touching thousands of lives in the process. Dr. Dilawari was appointed Assistant Pro- of these women will die from this disease. called him friend. He captured some of our fessor of the Department of Surgery at the These statistics are some of the many rea- most precious and poignant moments; he University of Tennessee Center for Health sons I am a supporter of legislation and action painted a picture through images sometimes Sciences in Memphis in 1978. He became the that aids the fight to end breast cancer. I have preserving an event in a way maybe no one Assistant Dean for Clinical Affairs there as also signed the National Breast Cancer Coali- else could see. I am honored to give praise to well as Vice Chairman of the Department of tion’s Congressional Declaration of Support for his many accomplishments and life time com- Surgery at Methodist University Hospital. His Breast Cancer Deadline 2020. By declaring mitment to Black Community of Milwaukee time in academia left a great legacy of re- my support to end breast cancer by January and in fact, the entire Milwaukee Community. search and peer-reviewed publications, but ar- 1, 2020, I am proud to commit to continuing to f guably his most significant contribution to educate myself and my constituents about the issues surrounding breast cancer. Memphis was his mentoring of medical stu- HONORING BREAST CANCER Unfortunately, today we see a decline in AWARENESS MONTH dents and the training of over 200 surgical screening rates. A recent study of 1.5 million residents, ensuring his lasting impact and leg- women found that of those over the age of HON. LINDA T. SA´ NCHEZ acy. His focus and dedication to training the forty, with health insurance, less than fifty per- next generation of doctors and surgeons will OF CALIFORNIA cent had received the recommended annual have a lasting impact on patients in Memphis IN THE HOUSE OF REPRESENTATIVES screening. The key to ending this disease is and around the world. early detection, which reduces costs associ- Thursday, October 6, 2011 In addition to his great work as a teacher, ated with the disease. The costs for early Ms. LINDA T. SA´ NCHEZ of California. Mr. Dr. Dilawari opened a surgical oncology prac- stage treatment are estimated at approxi- Speaker, I rise today to recognize October as tice at the Regional Medical Center and Meth- mately $22,350 per person, while late stage National Breast Cancer Awareness Month. To odist Central Hospital in Memphis. His surgical treatment costs nearly $120,000 per person. raise awareness for breast cancer prevention, practice allowed him to operate on thousands Early detection of this life threatening disease I want to stress the importance of regular of patients over the years, often without regard is crucial to saving lives and ultimately re- mammograms and following recommended to payment. Dr. Dilawari was also very active duces the burden on patients and our health screening guidelines. in his community as a founding member of the system. Breast cancer is the most frequently diag- Al Rasool Center and through his work with There are 2.5 million breast cancer sur- nosed form of cancer in women worldwide. the Islamic Society of Memphis. Dr. Dilawari vivors living in the U.S. today. They are the Every two minutes a woman is diagnosed with was a gracious and kind man who, until the embodiment of bravery, as well as to the im- breast cancer in the U.S. alone. Every thirteen end of his life, maintained the good nature and portance of promoting awareness about breast minutes, a woman dies of breast cancer. wisdom he had gained from years of treating cancer, following recommended guidelines, of- While these statistics are shocking, there is cancer patients. fering treatment to those affected, and con- hope. Dr. Raza Dilawari passed away on Sep- tinuing to fund groundbreaking research. The 2.5 million breast cancer survivors in tember 18, 2011, at 64 years of age. The Mr. Speaker, I commend those advocates, the U.S. today have shown that early detec- Memphis community mourns the loss of one survivors, and men and women who fight the tion and timely treatment are the keys to fight- of its great citizens. He is survived by his be- disease every single day. In honor of National ing the disease. The five-year survival rate for loved family: his wife Bushra A. Dilawari, his Breast Cancer Awareness Month, I encourage women who are diagnosed at the early stage five children Asma, Amina, Mariam, Asad and everyone to make a renewed commitment to of the disease’s development has risen to 98 Saba, his granddaughter Zara as well as a following recommended screening guidelines percent. It is undeniable that early detection host of other family and friends across Ten- and I will continue the effort here in Congress saves lives. nessee and the world. We are grateful to have to eradicate breast cancer by supporting Unfortunately, despite what we already had the pleasure of his dedication, skill and breast health awareness, education, research, know, the number of women receiving regular compassion in the Memphis community. His screening and referrals. mammograms has declined in the past ten was a life well-lived. f years. A recent study discovered that fewer f CELEBRATING THE DEDICATION than 50 percent of women over the age of 40 RECOGNIZING NATIONAL BREAST OF THE JEWISH CHAPLAINS ME- with health insurance had received a rec- CANCER AWARENESS MONTH MORIAL ommended annual mammogram. This must change. In honor of National Breast Cancer Aware- HON. ALCEE L. HASTINGS HON. JOHN P. SARBANES OF FLORIDA OF MARYLAND ness Month, I want to encourage women to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES follow the recommended screening guidelines. I hope this message reaches every woman, Thursday, October 6, 2011 Thursday, October 6, 2011 and together we can commit to ending breast Mr. HASTINGS of Florida. Mr. Speaker, I Mr. SARBANES. Mr. Speaker, I rise today cancer forever. rise today to recognize October as National to celebrate the dedication of the Jewish

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.040 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1802 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 2011 Chaplains Memorial and to pay tribute to the Again, Fran was a leader in my community. reaching by the EPA to implement additional Jewish chaplains who lost their lives while After graduating from Booker T. Washington regulations on an industry that were never au- serving our country. High in 1938, she graduated summa cum thorized by Congress. As many of my friends For 149 years, chaplains have been a laude from Bennett College in 1942 and re- know, this industry is currently subject to regu- source of spiritual and emotional support for ceived a Master of Arts degree from New York lations under the Montreal Protocol. The Mon- the men and women of our armed forces. In University in 1959. She would later study at treal Protocol, originally signed by President the most trying of circumstances, chaplains the University of Miami, the University of Flor- Ronald Reagan in 1987, was designed to pro- risk their lives to provide comfort and healing ida, Florida A&M, Florida Atlantic, and Barry tect the ozone layer by regulating and phasing to our nation’s soldiers. universities where she amassed more post out ozone-depleting substances such as More than 250 chaplains of all religions graduate credits than required for a doctoral chlorofluorocarbons and hydrochloro- have died while on active duty in the Armed degree. Fran taught and guided generations of fluorocarbons, or CFCs and HCFCs. Those Forces of the United States. Three memorials students at Dunbar Elementary, Miami Jack- regulations have been implemented and the on Chaplains Hill at Arlington National Ceme- son Senior High, COPE Center North, and industry is complying with them as we speak. tery honor the Protestant, Catholic, and World Holmes Elementary before retiring from the War I chaplains killed in the line of duty. The Dade County Public Schools in July 1979. In Now, the EPA has indicated its intent to reg- recognition of the brave Jewish chaplains who total, she spent more than 37 years as a ulate hydrofluorocarbons, or HFCs. It is impor- dedicated their lives to our nation is long over- teacher, reading specialist, counselor, and tant to distinguish that HFCs are not ozone due. principal—she was an amazing woman. depleting substances that would make them I was proud to cosponsor H. Con. Res. 12, In the 1950s, Fran was a volunteer for the subject to the Montreal Protocol, but rather a resolution to authorize a new memorial at March of Dimes and the American Heart As- greenhouse gases. The EPA does not cur- Chaplains Hill to honor the Jewish chaplains sociation, and in the 60s she was JESCA rently have the authority to regulate green- who died while on active duty. On the evening board chair, a board member of Senior Cen- house gases and the EPA should not be per- of February 2, 1943, four chaplains gave their ters of Dade County, and a member of the mitted to move forward on their intentions until lives to ensure the safety of soldiers aboard American Association of University Women. In Congress has given the EPA the express the USAT Dorchester, under attack by a Ger- the 70s and 80s she was a member of the power to do so. man torpedo. Rabbi Alexander D. Goode, a Florida State Board of Optometry and the lieutenant in the United States Army, two League of Women Voters, and as a retiree in Mr. Speaker, the refrigeration industry, like Protestant pastors and a Catholic priest the 1990s she continued volunteering in the any other, is feeling the pinch in these difficult drowned after giving up their own life jackets community while traveling the world. Ulti- economic times. My state is fortunate enough to save others. Despite his courage and self- mately, Fran visited more than 50 countries to be home to one of the few remaining do- lessness on that night, Rabbi Goode is the and six continents. She was a life member of mestic refrigerant manufacturers and so I have only one out of the four who is not recognized Alpha Kappa Alpha Sorority and the NAACP, heard first-hand what this potential regulatory on Chaplains Hill. After 68 years, Rabbi a platinum member of The Links, Inc., and a over-reach would mean to this industry. Goode, and his fellow Jewish chaplains killed charter member and past president of the in wartime services since World War II, will fi- I urge the House to remain vigilant on the MRS Club, a six-decades-old group of friends. specific issue of HFCs and additionally to pass nally receive the recognition and honor they At Incarnation Episcopal Church she was a deserve. both pieces of legislation before it this week. member of Daughters of the King. We must ensure that the EPA does not I commend the work of Ken Kraetzer, the Again Mr. Speaker, Fran was a remarkable JWB Jewish Chaplains Council, and the Jew- overstep its legal authority by issuing regula- woman. She will be missed. ish Federations of North America for making tions on areas where Congress has not dele- Almost thirty years ago, and in a far dif- the Jewish Chaplains Memorial possible. I am gated its authority, and we must block the im- ferent world, she conceived, developed, and proud that the U.S. Naval Academy’s Levy plementation of EPA proposed regulations on implemented a research plan that would lead Chapel, which is in my district, was chosen as cement manufacturing facilities, industrial boil- to a book recording the history of Miami’s one of the sites to display the memorial prior ers, process heaters and incinerators, which black pioneers. Her goal was to ensure that to its dedication at Arlington National Ceme- would be terribly harmful to our already fragile future generations could appreciate the long tery. Through this joint effort, our country will economy, costing billions of dollars and thou- and difficult road Pioneer Miamians had trav- honor the sacrifices of Jewish chaplains for sands of jobs. generations to come. eled, and that they would not be forgotten. In the same vein, we will not forget her. The EPA regulations dealing with Portland f Fran’s vision was realized in March, 2010, cement force the industry to reach nearly HONORING FRANCES REEVES when a 120 page hard-bound coffee table unachievable emissions levels, and according JOLLIVETTE CHAMBERS book, Linkages & Legacies, was published by to the Portland Cement Association, will even- The Links, Inc., Greater Miami Chapter. tually force the shutdown of 18 plants and cost Mr. Speaker, today I rise with a heavy heart $3.4 billion over the next three years. Amer- HON. FREDERICA S. WILSON to announce Fran’s passing, but I will leave ican cement producers would be put at a sig- OF FLORIDA this chamber with great joy as I remember all nificant disadvantage to their foreign competi- IN THE HOUSE OF REPRESENTATIVES the wonderful gifts she gave to my community. tors and nearly 4,000 cement manufacturing Thursday, October 6, 2011 We miss you, Fran. jobs will no longer exist because of the EPA’s Ms. WILSON of Florida. Mr. Speaker, today f actions. These regulations would also result in I rise to remember Frances Reeves Jollivette increased costs of $1.2 to $2 billion to state EPA REGULATIONS Chambers. Fran was born on November 13, and local governments for road projects. 1921 in Overtown—in the heart of my district. H.R. 2250 would target the rules finalized by She was the daughter of The Miami Times HON. MIKE PENCE the EPA dealing with industrial boilers, com- founder Henry E.S. Reeves and his wife Ra- OF INDIANA monly known as Boiler MACT (Maximum chel Jane Cooper Reeves who had emigrated IN THE HOUSE OF REPRESENTATIVES Achievable Control Technology). Boiler MACT from the Bahamas two years earlier. Fran was Thursday, October 6, 2011 would be devastating to the people of Indiana. an integral part of my community, and she will In fact, according to a study completed by HIS be missed dearly. Mr. PENCE. Mr. Speaker, I rise in support Global Insight, Indiana would be the second of the legislation currently before the House, Fran wed Cyrus M. Jollivette, Sr., in Decem- hardest hit state by Boiler MACT. There are H.R. 2250 and H.R. 2681, which if enacted ber 1942, was widowed in January of 1960, currently 82 industrial boilers in the Hoosier and married James R. Chambers in July 1963. into law will go a long way in reining in an En- state and these regulations would cost more She would remain with James until his death vironmental Protection Agency that seems in- than $1 billion and eliminate over 16,000 jobs. in June of 2000. During her life, she was tent on implementing regulations that will not blessed with daughters Regina Jollivette only drive up energy costs for all Americans, In closing Mr. Speaker, I urge my col- Frazier and Cleo Leontine Jollivette, and a but also drive even more of our jobs overseas. leagues to pass these vital pieces of legisla- son, Cyrus M. Jollivette. Before passing, she I also rise to address another threat coming tion and to continue to work to ensure that was also blessed with four grandchildren and from the EPA—the very real and serious dan- regulations from the EPA do not cost Hoosier three great-grandchildren. ger facing the refrigeration industry from over- jobs.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A06OC8.043 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1803 INTRODUCTION OF THE DISTRICT of the ‘‘Lick-A-Pop’’ committee. He played an two years of service as the senior pastor of OF COLUMBIA NATIONAL DIS- instrumental role in raising money for the first Good Hope Baptist Church in Phenix City, ASTER INSURANCE PROTECTION dialysis machine in Hazleton and for the Sal- Alabama. ACT vation Army. Mr. Ciampi was recently named Dr. Flakes’ dynamic ability to successfully the recipient of the prestigious Presidential Ci- multitask the management of two flourishing HON. ELEANOR HOLMES NORTON tation from UNICO President Andre DiMino. churches, in two different states, over the last OF THE DISTRICT OF COLUMBIA He was also honored by the Italian American fifty years, is a monumental accomplishment IN THE HOUSE OF REPRESENTATIVES Association of Luzerne County with the Career that highlights his passion to reflect Christ Achievement Award for his efforts to improve through his thought-provoking sermons, pas- Thursday, October 6, 2011 his community. toral leadership, unyielding love for the mem- Ms. NORTON. Mr. Speaker, I rise today to Mr. Ciampi is not new to lasting relation- bers of his congregations and his deep and introduce the District of Columbia National ships. In addition to his 56 years as part of abiding faith. Disaster Insurance Protection Act. The bill UNICO, he recently celebrated 58 years with Despite the numerous challenges he has would exempt from federal income taxation his wife, Ann Marie. His efforts and contribu- encountered along his life’s journey, Dr. catastrophic insurance reserves held by insur- tions coincide with his reputation as a family Flakes has not relented nor retreated in the ance companies in the District of Columbia. man; he has four children and seven grand- face of insurmountable hardships. While his Under current federal law, catastrophic insur- children. rebellious early life was filled with chal- ance reserves are subject to federal income Mr. Speaker, Frank Ciampi, Jr., has contrib- lenges—being a high school drop-out and suf- taxation, which has led insurers to hold these uted much to the community and to UNICO in fering with both alcohol and gambling addic- funds in offshore jurisdictions, such as the time, effort, and financial support over the tions—he surrendered his life to the calling of Cayman Islands and Bermuda, where they are course of his long and dedicated membership. God through Christ Jesus and was trans- not subject to U.S. income taxation. He is to be commended, and his legacy formed. He was called to pastor Good Hope The bill would serve important national pur- should not be forgotten. Missionary Baptist Church and Fourth Street poses by protecting individuals and busi- f Missionary Baptist Church and while pastoring nesses across the country from unpaid insur- both churches full-time, drove from Columbus, ance claims in the event of a natural catas- HONORING U.S. NAVY CAPTAIN Georgia to Nashville, Tennessee and back trophe, as well as U.S. taxpayers. Today, if a CHARLES LASOTA each week over four years to earn his GED natural catastrophe occurred in the U.S., and and Bachelor of Arts degree from American offshore insurance companies did not pay HON. LARRY BUCSHON Baptist College. claims, the U.S. government might need to OF INDIANA He later would go on to serve as Chairman step in and taxpayers could be on the hook for IN THE HOUSE OF REPRESENTATIVES of the Board of Trustees for American Baptist the claims. Indeed, after the September 11, College and recently the administration build- Thursday, October 6, 2011 2001, terrorist attacks, the U.S. government ing on the school’s campus was named in his had to establish a federal backstop for losses Mr. BUCSHON. Mr. Speaker, I rise today to honor. due to terrorist attacks, the Terrorism Risk In- honor U.S. Navy Captain Charles LaSota. Always pressing towards the mark for the surance Act, which is still in place today. As Captain LaSota took command at Crane prize of the high calling of God in Christ the recent financial crisis showed, the U.S. Naval Surface Warfare Center in 2008 and Jesus, to better improve the craft of Christian government has a strong interest in preventing today is his retirement ceremony. ministry and discipleship, he became a cata- systemic financial risks. However, U.S. individ- I would like to congratulate Captain LaSota lytic leader in the National Baptist Congress of uals and businesses now rely on offshore ju- for a distinguished career. His many achieve- Christian Education, for many years served as risdictions to preserve and protect catastrophic ments in academics and the Navy have made President of the Congress of Christian Edu- insurance reserves. him an officer that all sailors and citizens cation for the General Missionary Baptist Con- Rather than leaving little alternative to locat- should emulate. His dedication to our nation vention of Georgia and ultimately served on ing these vital catastrophic insurance reserves has spanned many decades and many posts the Executive Committee Board of the Na- offshore, it makes sense for the funds to be and for that I would like to thank Captain tional Baptist Convention. Dr. Flakes has also held in the nation’s capital, the most protected LaSota. received honorary doctorate degrees from and secure city in the U.S., to eliminate an ex- At Crane, Captain LaSota not only added A.B. Lee Theological Seminary in Jacksonville, isting but overlooked vulnerability in the finan- more than 800 personnel during his command, Florida and his beloved alma mater, American cial system. My bill is particularly timely con- but he also made sure to give back to the Baptist College. sidering that the president issued a record community that supports the base through or- Throughout his pastoral career, Dr. Flakes number of Major Disaster Declarations in 2010 ganizations such as the Boy Scouts, American has played a leading role in several other reli- (81) and has issued 87 so far this year. Red Cross, Ride to Recovery, and the Crane gious-affiliated and community-based organi- f Learning and Employment Center for Vet- zations. He served courageously as President eran’s with Disabilities. of the Columbus branch of the National Asso- MR. FRANK CIAMPI, JR. f ciation for the Advancement of Colored People (NAACP) for several years; is the President HON. LOU BARLETTA IN HONOR OF REVEREND DR. J.H. and Founder of ‘‘A Call To Talk’’ (ACTT); FLAKES, JR. OF PENNSYLVANIA Chairman of One Columbus; and Chartering IN THE HOUSE OF REPRESENTATIVES Pastor of the General Missionary Baptist Church Convention of West Germany. Thursday, October 6, 2011 HON. SANFORD D. BISHOP, JR. OF GEORGIA Reverend Flakes has been repeatedly ac- Mr. BARLETTA. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES knowledged for his outstanding achievements, honor Frank Ciampi, Jr., an outstanding service and public distinction. He is the recipi- Italian-American, for his 56 years of dedicated Thursday, October 6, 2011 ent of the Outstanding Personality of the service in UNICO, the Italian-American service Mr. BISHOP of Georgia. Mr. Speaker, I rise South Award; Ten Outstanding Ministers in the organization. Born and raised in West Pittston, today to pay tribute to an outstanding Man of State of Georgia Award; Alpha Phi Alpha Mar- Luzerne County, Mr. Ciampi moved to Hazle- God who has been a long-standing source of tin Luther King, Jr. Award; Operation PUSH ton to begin his career as president/owner of personal inspiration, spiritual guidance and Martin Luther King, Jr. Award; and the Knight- International Printing Company. Prior to this, moral leadership to me and the Columbus, hood Award from the Congress of Christian Mr. Ciampi served his country in the Korean Georgia community at-large, the Reverend Dr. Education. Conflict from 1950 to 1953. In 2006, he had Johnny H. Flakes, Jr. Later this year, Dr. Dr. Flakes has achieved numerous suc- retired after serving as president/owner of his Flakes will celebrate his fiftieth anniversary as cesses in his life, but none of this would have company for 50 years. the distinguished pastor of the Fourth Street been possible without the grace of God and Mr. Ciampi has been active in many organi- Missionary Baptist Church in Columbus. What his loving wife of more than fifty-seven years, zations. Since 1958, he was a proud member makes this extraordinary feat even more re- Robena Gaines Flakes. Dr. and Mrs. Flakes of the Hazelton chapter of UNICO. During his markable is that his fifty years of accom- are the parents of three children—Sincera, many years in the Italian-American organiza- plished service at Fourth Street Missionary Johnny and Merle—and the proud grand- tion, he has served as its president as head Baptist Church runs concurrently with his fifty- parents of three granddaughters.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.045 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1804 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 2011 One of Dr. and Mrs. Flakes’ sons, Johnny Haqqani network, which the U.S. blames for Over the years, they have been involved in H. Flakes III, is an emerging community leader the recent attack on the U.S. Embassy in Af- various service projects including St. Francis in Columbus, Georgia and now co-pastors at ghanistan. In his testimony, Admiral Mullen Pantry, Girl Scouts, and Narcotics Anony- Fourth Street Missionary Baptist Church and said, ‘‘The support of terrorism is part of their mous. They have also been involved with Good Hope Missionary Baptist Church with his national strategy. . . . And that’s got to fun- Caritas, a volunteer organization providing father. As the scripture tells us, ‘‘Train up a damentally shift.’’ food and shelter for the homeless, and Mod- child in the way he should go: and when he My legislation would immediately suspend ern Maturity, an outreach program with a is old, he will not depart from it.’’ Dr. Flakes all military aid to Pakistan until the Obama ad- focus on providing recreation and fellowship has encouraged his children and grand- ministration can certify that the Government of for individuals who are at home during the children not to be carbon copies of him but to Pakistan is fully cooperating with the U.S. and day. glean from his wisdom and experience and be is effectively using U.S. military aid in con- Today, St. Philip’s prevails as the oldest and available to the leadership of the Holy Spirit. ducting operations against the Taliban, al largest of the seven predominantly African- On a personal note, Dr. Flakes has served Qaeda, and the other radical Islamic organiza- American congregations in the Diocese of Vir- as a spiritual advisor to me for many years, tions engaged in terrorist operations. ginia. It also has the distinction of being the particularly during the twenty-four years I was I don’t think that other legislation in this area sixth oldest historically African American con- a member of the Fourth Street Missionary goes far enough. I believe that the U.S. eco- gregation in the Episcopal Church and was Baptist Church. Through trouble or triumph, he nomic aid Pakistan receives is a complete the first to.be founded in the South. Currently, was always available and has always given waste of U.S. tax dollars because it hasn’t St. Philip’s consists of nearly 230 members. me wise counsel. Mrs. Flakes is like a mother done anything to improve the U.S./Pakistani As St. Philip’s Episcopal Church gathers to to me and I am proud each time she refers to relationship, as intended. Instead, the relation- celebrate this historic milestone, the church me as ‘‘son.’’ ship has actually deteriorated despite the fact can truly remember its past, celebrate its The great theologian and mystic scholar, Dr. that the U.S. has increased assistance to the present, and focus on the future as it con- Howard Thurman, once said that: ‘‘There is Government of Pakistan—which has received tinues ‘‘Celebrating, Living, Dreaming.’’ I would something in every one of you that waits and over $2 billion in economic aid over the last like to congratulate Rev. Phoebe Roaf and all listens for the sound of the genuine in your- two years. of the members of the St. Philip’s Episcopal self. It is the only true guide that you will ever By cutting off all economic aid and sus- Church on the occasion of their 150th Anniver- have. And if you cannot hear it, you will all of pending all military aid we will be sending a sary. I wish them many more years of dedi- your life spend your days on the ends of clear message to the Pakistani government cated service to the community. strings that somebody else pulls.’’ To God be that they are not to take our support for grant- f the glory that the Rev. Dr. Johnny H. Flakes, ed. Jr. heard the sound of God’s voice and an- So long as we have troops fighting in Af- IN HONOR OF JERRY DICK, FIRE swered the call for his life. Because he an- ghanistan, who need the supply lines that run COMPANY PRESIDENT FOR swered that call, my life and the lives of count- through Pakistan, it would be irresponsible to CHERRY HILL TOWNSHIP FIRE less others throughout the world are better for immediately eliminate all military aid to Paki- COMPANY IN PENN RUN, PENN- it. stan. I do believe that the Pakistani military is SYLVANIA Mr. Speaker, I ask my colleagues to join me capable of effectively using the aid to help de- today in paying tribute to Dr. Johnny H. feat some of the same radical Islamic forces HON. MARK S. CRITZ Flakes, Jr. for his life of selfless service to that U.S. troops are fighting, who cross from OF PENNSYLVANIA God, the church and to humankind. Pakistan to the Afghan side of the border. IN THE HOUSE OF REPRESENTATIVES f f Thursday, October 6, 2011 ENSURING THE EFFECTIVE USE 150TH ANNIVERSARY HOMECOMING Mr. CRITZ. Mr. Speaker, I rise today to OF UNITED STATES AID TO SERVICE FOR ST. PHILIP’S EPIS- honor Jerry Dick, the Company President of PAKISTAN ACT COPAL CHURCH the Cherry Hill Township Fire Company for his fifty years of active service to the department, HON. MIKE COFFMAN HON. ROBERT C. ‘‘BOBBY’’ SCOTT the community, and its citizens. Mr. Dick has OF COLORADO OF VIRGINIA played a vital role in the fire company from the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES beginning. In 1951, when Jerry was just 11- years-old, he accompanied his father to city Thursday, October 6, 2011 Thursday, October 6, 2011 meetings on the construction of the commu- Mr. COFFMAN of Colorado. Mr. Speaker, Mr. SCOTT of Virginia. Mr. Speaker, I rise nity’s new firehouse. He participated in laying today I am introducing legislation to end all today to congratulate a storied institution of the actual brick for the building that the Cherry U.S. economic aid to Pakistan and to suspend faith in the Third Congressional District. This Hill Township Fire Company is housed in all U.S. military aid until the Obama adminis- year, St. Philip’s Episcopal Church is cele- today. Four years later at the young age of fif- tration can certify to Congress that the Gov- brating its 150th anniversary, and I would like teen, Jerry joined the fire company as a volun- ernment of Pakistan is effectively using the aid to take a moment to reflect on the history of teer. against the Taliban and other al Qaeda affili- this esteemed church and its contributions to Except for a brief stint away from Pennsyl- ates that are planning and executing attacks the greater Richmond community. vania in the 1960s, Mr. Dick has served his on U.S. targets. St. Philip’s Episcopal Church was founded community at the firehouse since 1954. During My legislation will send a clear signal to the in 1861 as a mission of St. James Church by the Johnstown Flood of 1977, Jerry proved Government of Pakistan that they can’t have it freemen/women and indentured servants of himself to be a true hero. While the rivers and both ways. They can’t be stridently anti-Amer- Virginia aristocrats and landowners. The con- creeks surged through the area, a family got ican and expect U.S. economic aid to continue gregation flourished during the following four trapped in their home, unable to reach higher and they can’t be complicit in supporting some years and provided a number of services to its ground. Jerry, along with firefighter Bob Zack, of the same radical Islamists groups that tar- members, including a school. Unfortunately, at stretched a ladder across a large stream of get Americans and expect to receive more the end of the Civil War in 1865, St. Philip’s water and extricated three children from the U.S. military aid. physical structure was destroyed in what the home. After getting them to safety, the water There is a growing pattern of incidents church describes as ‘‘mysterious cir- rushing through the area became more treach- whereby elements within the Pakistani govern- cumstances.’’ The church persevered in spite erous. Jerry made the decision that he and ment are blocking cooperation between the of its overwhelming loss and continued to con- Bob could not safely traverse the waters to get U.S. and Pakistan and are providing covert gregate in the homes of its members. In 1869, back to safety. Both firefighters used a rope to support to some of the same organizations with the support of the Diocese of Virginia, St. tie themselves around a utility pole and re- that are targeting U.S. troops and their coali- James Church and the family of J.E.B. Stuart, mained in the danger zone for over nine tion allies fighting in Afghanistan. the church was able to rebuild its physical hours. Not until the morning could they safely Recently, the Chairman of the Joint Chiefs structure. remove themselves from harm’s way. of Staff, Admiral Mike Mullen, testified to Con- In 1920, the church became a self-sup- Jerry Dick is only the second member of the gress and accused Pakistan’s intelligence porting Parish and since then has ventured to fire company to achieve such an amazing agency of providing strategic support for the serve God, the community and the world. long-standing tenure of service. In his fifty

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.047 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS October 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1805 years, Jerry Dick has shown true determina- Mr. Speaker, once again I would like to con- years of service and to wish him well as he tion, strength, and character with the Cherry gratulate and honor Jerry Dick on his fifty continues to serve the community. Hill Township Fire Company.

VerDate Mar 15 2010 05:50 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A06OC8.050 E06OCPT1 rfrederick on DSK6VPTVN1PROD with REMARKS Thursday, October 6, 2011 Daily Digest Senate and honoring him for his tireless efforts in the fight Chamber Action against segregation and his steadfast commitment to Routine Proceedings, pages S6277–S6356 the civil rights of all people. Page S6355 Measures Introduced: Sixteen bills and four resolu- Jumpstart’s Read for the Record Day: Senate tions were introduced, as follows: S. 1661–1676, S.J. agreed to S. Res. 290, supporting the designation of Res. 28, and S. Res. 288–290. Pages S6330–31 October 6, 2011, as ‘‘Jumpstart’s Read for the Measures Reported: Record Day’’. Pages S6355–56 Special Report entitled ‘‘Further Revised Alloca- Measures Considered: tion to Subcommittees of Budget Totals for Fiscal Currency Exchange Rate Oversight Reform Year 2012’’. (S. Rept. No. 112–87) Pages S6329–30 Act—Agreement: Senate continued consideration of Measures Passed: S. 1619, to provide for identification of misaligned United States Parole Commission Extension Act: currency, require action to correct the misalignment, Senate passed H.R. 2944, to provide for the contin- taking action on the following amendments proposed ued performance of the functions of the United thereto: Pages S6279–S6320 States Parole Commission, after agreeing to the fol- Pending: Reid Amendment No. 694, to change the enact- lowing amendment proposed thereto: Pages S6351–52 Reid (for Coburn) Amendment No. 736, to au- ment date. Page S6279 thorize a 2-year extension of the Parole Commission. Withdrawn: Reid Amendment No. 695 (to Amendment No. Page S6352 694), of a perfecting nature. Page S6279 American Legion Authorization: Committee on During consideration of this measure today, Senate the Judiciary was discharged from further consider- also took the following action: ation of S. 1639, to amend title 36, United States By 62 yeas to 38 nays (Vote No. 156), three-fifths Code, to authorize the American Legion under its of those Senators duly chosen and sworn, having Federal charter to provide guidance and leadership to voted in the affirmative, Senate agreed to the motion the individual departments and posts of the Amer- to close further debate on the bill. Page S6283 ican Legion, and the bill was then passed. Page S6352 Reid Motion to commit the bill to the Committee Discriminatory Laws against the Chinese: Com- on Finance with instructions, Reid Amendment No. mittee on the Judiciary was discharged from further 696, to change the enactment date, fell when cloture consideration of S. Res. 201, expressing the regret of was invoked. Page S6279 the Senate for the passage of discriminatory laws Reid Amendment No. 697 (to (the instructions) against the Chinese in America, including the Chi- Amendment No. 696) of the motion to commit), of nese Exclusion Act, and the resolution was then a perfecting nature, fell when Reid Motion to com- agreed to, after agreeing to the following amend- mit the bill to the Committee on Finance with in- ment proposed thereto: Pages S6352–54 structions, Reid Amendment No. 696, fell. Reid (for Brown (MA)) Amendment No. 737, to Page S6279 modify the resolution. Pages S6353–54 Reid Amendment No. 698 (to Amendment No. 697), of a perfecting nature, fell when Reid Amend- National Wildlife Refuge Week: Senate agreed to ment No. 697 (to (the instructions) Amendment No. S. Res. 288, designating the week beginning Octo- 696) of the motion to commit), fell. Page S6279 ber 9, 2011, as ‘‘National Wildlife Refuge Week’’. By 48 yeas to 51 nays (Vote No. 157), Senate did Pages S6354–55 not sustain the ruling of the Chair in relation to Honoring Reverend Fred Lee Shuttlesworth: Sen- Reid point of order that the motion to suspend is ate agreed to S. Res. 289, celebrating the life and a dilatory motion under Rule XXII of the Standing achievements of Reverend Fred Lee Shuttlesworth Rules of the Senate. Subsequently, the point of order D1056

VerDate Mar 15 2010 06:10 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D06OC1.REC D06OCPT1 rfrederick on DSK6VPTVN1PROD with DIGEST October 6, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1057 that the Reid (for Coburn) motion to suspend Rule tions in order to any of the bills other than budget XXII of the Standing Rules of the Senate, including points of order and the applicable motions to waive. germaneness requirements, for the purpose of pro- Page S6351 posing and considering Coburn Amendment No. Nomination—Agreement: A unanimous-consent- 670, was sustained. Page S6315 time agreement was reached providing that at 5:30 A unanimous-consent agreement was reached pro- p.m., on Tuesday, October 11, 2011, Senate begin viding that Senate resume consideration of the bill consideration of the nomination of Jane Margaret following the 5:30 p.m. vote on confirmation of the Triche-Milazzo, of Louisiana, to be United States nomination of Jane Margaret Triche-Milazzo, of Lou- District Judge for the Eastern District of Louisiana; isiana, to be United States District Judge for the that there be 2 minutes for debate equally divided Eastern District of Louisiana, on Tuesday, October in the usual form; that upon the use or yielding 11, 2011, and immediately vote on passage of the back of time, Senate vote, without intervening action bill. Page S6356 or debate, on confirmation of the nomination; and American Jobs Act—Agreement: Senate began that the consent agreement entered on September consideration of the motion to proceed to consider- 26, 2011 remain in effect, and the Senate then re- ation of S. 1660, to provide tax relief for American sume legislative session. Page S6351 workers and businesses, to put workers back on the Messages from the House: Page S6327 job while rebuilding and modernizing America, and to provide pathways back to work for Americans Measures Referred: Page S6327 looking for jobs. Page S6351 Measures Placed on the Calendar: A motion was entered to close further debate on Pages S6277, S6327 the motion to proceed to consideration of the bill, Executive Communications: Pages S6327–29 and, in accordance with the provisions of Rule XXII Executive Reports of Committees: Page S6330 of the Standing Rules of the Senate, and pursuant to the unanimous-consent agreement of Thursday, Oc- Additional Cosponsors: Pages S6331–32 tober 6, 2011, a vote on cloture will occur upon dis- Statements on Introduced Bills/Resolutions: position of S. 1619, Currency Exchange Rate Over- Pages S6332–50 sight Reform Act. Page S6351 Additional Statements: Page S6327 Subsequently, the motion to proceed was with- drawn. Page S6351 Amendments Submitted: Page S6350 A unanimous-consent-time agreement was reached Authorities for Committees to Meet: providing that following the vote on passage of S. Pages S6350–51 1619 on Tuesday, October 11, 2011, there be up to Privileges of the Floor: Page S6351 five minutes equally divided between the two Lead- ers, or designees, prior to a vote on the motion to Record Votes: Two record votes were taken today. invoke cloture on the motion to proceed to consider- (Total—157) Pages S6283, S6315 ation of the bill. Page S6351 Adjournment: Senate convened at 9:30 a.m. and Trade Bills—Agreement: A unanimous-consent- adjourned at 10 p.m., until 12 noon on Friday, Oc- time agreement was reached providing that notwith- tober 7, 2011. (For Senate’s program, see the re- standing not having received the following bills marks of the Majority Leader in today’s Record on from the House of Representatives: H.R. 3080, to page S6356.) implement the United States-Korea Free Trade Agreement; H.R. 3079, to implement the United Committee Meetings States-Panama Trade Promotion Agreement; H.R. 3078, to implement the United States-Colombia (Committees not listed did not meet) Trade Promotion Agreement; the Senate proceed to their consideration, en bloc, at a time to be deter- BUSINESS MEETING mined by the Majority Leader, after consultation Committee on Banking, Housing, and Urban Affairs: with the Republican Leader; that there be up to Committee ordered favorably reported the nomina- twelve hours of debate, equally divided between the tions of Richard Cordray, of Ohio, to be Director, two Leaders, or their designees; that upon the use or Bureau of Consumer Financial Protection, Alan B. yielding back of time, and the receipt of papers from Krueger, of New Jersey, to be a Member of the the House of Representatives, the Senate vote on Council of Economic Advisers, Executive Office of passage of the bills, in the order listed above; and the President, David A. Montoya, of Texas, to be In- that there be no amendments, points of order or mo- spector General, Department of Housing and Urban

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Development, Cyrus Amir-Mokri, of New York, to cotics Affairs concluded a hearing to examine the be Assistant Secretary of the Treasury, and Patricia Peace Corps, focusing on the next fifty years, after M. Loui, of Hawaii, and Larry W. Walther, of Ar- receiving testimony from former Senators Chris- kansas, both to be a Member of the Board of Direc- topher Dodd and Harris Wofford; Aaron S. Wil- tors of the Export-Import Bank of the United States. liams, Director, and Kathy A. Buller, Peace Corps FINANCIAL STABILITY OVERSIGHT Inspector General, both of the Peace Corps; and COUNCIL REPORT Kevin F. F. Quigley, National Peace Corps Associa- tion, and Liz Odongo, DC Coalition Against Domes- Committee on Banking, Housing, and Urban Affairs: tic Violence, both of Washington, D.C. Committee concluded a hearing to examine the Fi- nancial Stability Oversight Council annual report to INTERNET INFRASTRUCTURE IN NATIVE Congress, after receiving testimony from Timothy F. COMMUNITIES Geithner, Secretary of the Treasury. Committee on Indian Affairs: Committee concluded a BUSINESS MEETING hearing to examine internet infrastructure in native Committee on Commerce, Science, and Transportation: communities, focusing on equal access to e-com- Committee ordered favorably reported the nomina- merce, jobs and the global marketplace, after receiv- tion of John Edgar Bryson, of California, to be Sec- ing testimony from Geoffrey C. Blackwell, Chief, retary of Commerce, and promotion lists in the U.S. Office of Native Affairs and Policy, Federal Commu- Coast Guard and the National Oceanic and Atmos- nications Commission; Howard Hays, Acting Chief pheric Administration Commissioned Corps. Information Officer, Indian Health Service, Depart- LEGACY URANIUM MINING AND MILLING ment of Health and Human Services; Lance Morgan, OPERATIONS Ho-Chunk, Inc., Winnebago, Nebraska; Margo Gray Proctor, National Center for American Indian Enter- Committee on Environment and Public Works: Sub- prise Development, Mesa, Arizona; Michael Pollock, committee on Children’s Health and Environmental Spectrum Gaming Group LLC, Linwood, New Jer- Responsibility concluded an oversight hearing to ex- sey; Robert Odawi Porter, Seneca Nation of Indians, amine Federal actions to clean up contamination from legacy uranium mining and milling operations, Irving, New York; Carl Marrs, Old Harbor Native after receiving testimony from James Woolford, Di- Corporation and the Kodiak-Kenai Cable Company, rector, Office of Superfund Remediation and Tech- Anchorage, Alaska; and Robin Puanani Danner, nology Innovation, Office of Solid Waste and Emer- Council for Native Hawaiian Advancement, Hono- gency Response, Environmental Protection Agency; lulu, Hawaii. David Geiser, Director, Office of Legacy Manage- ment, Department of Energy; and Michael Weber, BUSINESS MEETING Deputy Executive Director for Materials, Waste, Re- Committee on the Judiciary: Committee ordered favor- search, State, Tribal and Compliance Programs, Nu- ably reported the nominations of Evan Jonathan clear Regulatory Commission. Wallach, of New York, to be United States Circuit TAX REFORM Judge for the Federal Circuit, Dana L. Christensen, to be United States District Judge for the District Committee on Finance: Committee concluded a hearing of Montana, Cathy Ann Bencivengo, to be United to examine tax reform options, focusing on incen- States District Judge for the Southern District of tives for homeownership, after receiving testimony California, Gina Marie Groh, to be United States from former Senator John Breaux; Karl Case, Har- District Judge for the Northern District of West vard University Joint Center for Housing Studies, Virginia, and Margo Kitsy Brodie, to be United Wellesley, Massachusetts; Robert Dietz, National States District Judge for the Eastern District of New Association of Home Builders, Washington, D.C.; York, all of the Department of Justice. Richard K. Green, University of Southern California, Los Angeles; and Gregory M. Nelson, PulteGroup, INTELLIGENCE Inc., Bloomfield Hills, Michigan. Select Committee on Intelligence: Committee held closed PEACE CORPS hearings on intelligence matters, receiving testimony Committee on Foreign Relations: Subcommittee on from officials of the intelligence community. Western Hemisphere, Peace Corps and Global Nar- Committee recessed subject to the call.

VerDate Mar 15 2010 06:10 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06OC1.REC D06OCPT1 rfrederick on DSK6VPTVN1PROD with DIGEST October 6, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1059 House of Representatives respiratory or other illnesses (by a recorded vote of Chamber Action 172 ayes to 248 noes with 1 voting ‘‘present’’, Roll Public Bills and Resolutions Introduced: 29 pub- No. 760); Pages H6638–39 lic bills, H.R. 3114–3142 and 4 resolutions, H.J. Keating amendment (No. 5 printed in the Con- Res. 80; and H. Res. 426–428 were introduced. gressional Record of October 4, 2011) that was de- Pages H6671–72 bated on October 5th that sought to insert a para- Additional Cosponsors: Pages H6673–74 graph relating to a date for compliance with stand- ards and requirements under such regulation in ac- Reports Filed: Reports were filed today as follows: cordance with section 112(i)(3) of the Clean Air Act H.R. 3078, to implement the United States-Co- (by a recorded vote of 162 ayes to 257 noes, Roll lombia Trade Promotion Agreement (H. Rept. No. 761); and Pages H6639–40 112–237); H.R. 3079, to implement the United States-Pan- Edwards amendment (No. 3 printed in the Con- ama Trade Promotion Agreement (H. Rept. gressional Record of October 4, 2011) that was de- 112–238); bated on October 5th that sought to add a section H.R. 3080, to implement the United States-Korea that finds that if the rules specified in section 3(b) Free Trade Agreement (H. Rept. 112–239); remain in effect, they will yield annual public health H. Res. 425, providing for consideration of the benefits of $6,700,000,000 to $18,000,000,000, Senate amendment to the bill (H.R. 2832) to extend while the costs of such rules are $926,000,000 to the Generalized System of Preferences, and for other $950,000,000 (by a recorded vote of 165 ayes to purposes; providing for consideration of the bill 258 noes, Roll No. 762). Page H6640 (H.R. 3078) to implement the United States-Colom- H. Res. 419, the rule providing for consideration bia Trade Promotion Agreement; providing for con- of the bills (H.R. 2681) and (H.R. 2250) was agreed sideration of the bill (H.R. 3079) to implement the to on Tuesday, October 4th. United States-Panama Trade Promotion Agreement; Privileged Resolution—Intent to Offer: Rep- and providing for consideration of the bill (H.R. resentative Jackson announced his intent to offer a 3080) to implement the United States-Korea Free privileged resolution. Pages H6643–44 Trade Agreement (H. Rept. 112–240); and EPA Regulatory Relief Act of 2011: The House H.R. 2349, to amend title 38, United States began consideration of H.R. 2250, to provide addi- Code, to direct the Secretary of Veterans Affairs to tional time for the Administrator of the Environ- annually assess the skills of certain employees and mental Protection Agency to issue achievable stand- managers of the Veterans Benefits Administration, ards for industrial, commercial, and institutional and for other purposes, with amendments (H. Rept. boilers, process heaters, and incinerators. Further 112–241). Page H6671 proceedings were postponed. Cement Sector Regulatory Relief Act of 2011: Pages H6631–38, H6644–56, H6657–61 The House passed H.R. 2681, to provide additional Pursuant to the rule, the amendment in the na- time for the Administrator of the Environmental ture of a substitute recommended by the Committee Protection Agency to issue achievable standards for on Energy and Commerce now printed in the bill cement manufacturing facilities, by a recorded vote shall be considered as an original bill for the purpose of 262 ayes to 161 noes, Roll No. 764. Consider- of amendment under the five-minute rule. ation of the measure began yesterday, October 5th. Page H6644 Pages H6638–43 Rejected: Rejected the Capps motion to recommit the bill Waxman amendment (No. 9 printed in the Con- to the Committee on Energy and Commerce with gressional Record of October 4, 2011) that sought to instructions to report the same to the House forth- add a section to instruct the EPA Administrator not with with an amendment, by a recorded vote of 176 to delay actions to reduce emissions from waste in- ayes to 247 noes, Roll No. 763. Pages H6641–42 cinerators or industrial boilers at chemical facilities, Rejected: oil refineries, or large manufacturing facilities (by a Cohen amendment (No. 23 printed in the Con- recorded vote of 167 ayes to 243 noes, Roll No. gressional Record of October 4, 2011) that was de- 766); Pages H6644–51, H6658 bated on October 5th that sought to insert a sub- Rush amendment (No. 6 printed in the Congres- paragraph relating to potential reductions in the sional Record of October 4, 2011) that sought to number of illness-related absences from work due to add a subsection stating that section 5 is intended

VerDate Mar 15 2010 06:10 Oct 07, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06OC1.REC D06OCPT1 rfrederick on DSK6VPTVN1PROD with DIGEST D1060 CONGRESSIONAL RECORD — DAILY DIGEST October 6, 2011 to supplement the provisions of, and shall not be construed to supersede any requirement, limitation, Committee Meetings or other provision of, sections 112 and 129 of the Clean Air Act (by a recorded vote of 156 ayes to DOD’S FINANCIAL IMPROVEMENT GOALS 242 noes, Roll No. 767); Pages H6651–52, H6658–59 Committee on Armed Services: Panel on Defense Finan- Hahn amendment (No. 15 printed in the Con- cial Management and Auditability Reform held a gressional Record of October 4, 2011) that sought to hearing entitled ‘‘Is the Financial Management add a new subsection relating to the Ten Metropoli- Workforce Positioned to Achieve DOD’s Financial tan Areas of the United States with the Worst Air Improvement Goals?’’ Testimony was heard from Quality (by a recorded vote of 151 ayes to 255 noes, Sandra A. Gregory, Special Assistant to the Under Secretary of Defense (Comptroller) Office of Financial Roll No. 768); Pages H6652–53, H6659–60 Capps amendment (No. 16 printed in the Con- Workforce Management, Department of Defense; Mary Sally Matiella, Assistant Secretary of the Army gressional Record of October 4, 2011) that sought to (Financial Management and Comptroller), Depart- add a section to include findings for health costs and ment of the Army; Gladys J. Commons, Assistant benefits for the rules specified in section 3(b) (by a Secretary of the Navy (Financial Management and recorded vote of 153 ayes to 254 noes, Roll No. Comptroller), Department of the Navy; and Jamie 769); and Pages H6653–54, H6660 M. Morin, Assistant Secretary of the Air Force (Fi- Doyle amendment (No. 4 printed in the Congres- nancial Management and Comptroller), Department sional Record of October 4, 2011) that sought to in- of the Air Force. sert paragraphs relating to a date for compliance with standards and requirements under such regula- CHEMICAL RISK ASSESSMENT tion in accordance with section 112(i)(3) of the Committee on Energy and Commerce: Subcommittee on Clean Air Act (by a recorded vote of 147 ayes to Environment and the Economy held a hearing enti- 251 noes with 1 voting ‘‘present’’, Roll No. 770). tled ‘‘Chemical Risk Assessment: What Works for Pages H6654–56, H6660–61 Jobs and the Economy?’’ Testimony was heard from H. Res. 419, the rule providing for consideration Paul Anastas, Assistant Administrator for the Office of the bills (H.R. 2681) and (H.R. 2250) was agreed of Research and Development, Environmental Pro- to on Tuesday, October 4th. tection Agency; David C. Trimble, Director, Natural Question of Privilege: The Chair ruled that the res- Resources and Environment, Government Account- olution offered by Representative Jackson (IL) did ability Office; and public witnesses. not constitute a question of the privileges of the House. Subsequently, Representative Jackson (IL) ap- FINANCIAL STABILITY OVERSIGHT pealed the ruling of the chair and Representative COUNCIL Whitfield moved to table the appeal. Agreed to the Committee on Financial Services: Full Committee held motion to table the appeal of the ruling of the Chair a hearing entitled ‘‘The Annual Report of the Finan- by a yea-and-nay vote of 231 yeas to 173 nays, Roll cial Stability Oversight Council.’’ Testimony was No. 765. Pages H6656–57 heard from Timothy Geithner, Secretary, Depart- Meeting Hour: Agreed that when the House ad- ment of the Treasury. journs today, it adjourn to meet at 10 a.m. tomor- row, and further, when the House adjourns on that OBAMA ADMINISTRATION’S RESPONSE TO day, it shall meet at 12 noon on Tuesday, October THE HOUSING CRISIS 11th for morning hour debate and 2 p.m. for legisla- Committee on Financial Services: Subcommittee on In- tive business. Page H6665 surance, Housing and Community Opportunity held a hearing entitled ‘‘The Obama Administration’s Re- Quorum Calls—Votes: One yea-and-nay vote and sponse to the Housing Crisis.’’ Testimony was heard 10 recorded votes developed during the proceedings from Tammye Trevino, Administrator, Housing and of today and appear on pages H6638–39, Community Facilities Programs, Rural Development H6639–40, H6640, H6642, H6642–43, H6657, Agency, Department of Agriculture; Carol Galante, H6658, H6658–59, H6659–60, H6660, H6660–61. Acting Federal Housing Administration Commis- There were no quorum calls. sioner and Assistant Secretary for Housing, Depart- Adjournment: The House met at 9 a.m. and ad- ment of Housing and Urban Development, Darius journed at 4:19 p.m. Kingsley, Deputy Chief, Homeownership Preserva- tion Office, U.S. Department of the Treasury; and public witnesses.

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The rule makes in order tion Officer, Department of Homeland Security; a motion by the chair of the Committee on Ways David McClure, Associate Administrator, Office of and Means or his designee that the House concur in Citizen Services and Innovative Technologies, Gen- the Senate amendment to H.R. 2832. The rule eral Services Administration; and public witnesses. waives all points of order against consideration of the motion and provides that the Senate amendment MISCELLANEOUS MEASURES shall be considered as read. The rule provides one Committee on the Judiciary: Full Committee held a hour of debate on the motion equally divided and markup of H.R. 313, the ‘‘Drug Trafficking Safe controlled by the chair and ranking minority mem- Harbor Elimination Act of 2011.’’ The bill was or- ber of the Committee on Ways and Means. dered reported, as amended. The rule further provides a closed rule for H.R. OBAMACARE’S EMPLOYER PENALTY AND 3078 with 90 minutes of debate on H.R. 3078 ITS IMPACT ON TEMPORARY WORKERS equally divided and controlled by the chair and ranking minority member of the Committee on Committee on Oversight and Government Reform: Sub- Ways and Means. The rule waives all points of order committee on Health Care, District of Columbia, against consideration of H.R. 3078 and provides that Census and the National Archives held a hearing en- H.R. 3078 shall be considered as read. The rule titled ‘‘Obamacare’s Employer Penalty and its Im- waives all points of order against provisions in H.R. pact on Temporary Workers.’’ Testimony was heard 3078. The rule provides one motion to recommit from public witnesses. H.R. 3078. PROTECTING TAXPAYER DOLLARS The rule also provides a closed rule for H.R. 3079 Committee on Oversight and Government Reform: Sub- with 90 minutes of debate on H.R. 3079, with 30 committee on Technology, Information Policy, and minutes controlled by Representative Camp of Intergovernmental Relations and Procurement Re- Michigan or his designee, 30 minutes controlled by form held a hearing entitled ‘‘Protecting Taxpayer Representative Levin of Michigan or his designee, Dollars: Are Federal Agencies Making Full Use of and 30 minutes controlled by Representative Suspension and Debarment Sanctions?’’ Testimony Michaud of Maine, or his designee. The rule waives was heard from Bill Woods, Director, Acquisition all points of order against consideration of H.R. and Sourcing Management, Government Account- 3079 and provides that H.R. 3079 shall be consid- ability Office; Nancy Gunderson, Suspension and ered as read. The rule waives all points of order Debarment Official, Department of Health and against provisions in H.R. 3079. Pursuant to section Human Services; Nick Nayak, Chief Procurement 151 of the Trade Act of 1974, the previous question Official, Department of Homeland Security; and Ste- shall be considered as ordered on H.R. 3079 to final ven A. Shaw, Deputy General Counsel, U.S. Air passage without intervening motion. Force. The rule further provides a closed rule for H.R. 3080 with 90 minutes of debate on H.R. 3080, with TO EXTEND THE GENERALIZED SYSTEM 30 minutes controlled by Representative Camp of OF PREFERENCES, AND FOR OTHER Michigan or his designee, 30 minutes controlled by PURPOSES; UNITED STATES-COLOMBIA Representative Levin of Michigan or his designee, TRADE PROMOTION AGREEMENT and 30 minutes controlled by Representative IMPLEMENTATION ACT; UNITED STATES- Michaud of Maine, or his designee. The rule waives PANAMA TRADE PROMOTION AGREEMENT all points of order against consideration of H.R. IMPLEMENTATION ACT; AND UNITED 3080 and provides that H.R. 3080 shall be consid- STATES-KOREA FREE TRADE AGREEMENT ered as read. The rule waives all points of order IMPLEMENTATION ACT against provisions in H.R. 3080. Pursuant to section Committee on Rules: Full Committee held a hearing on 151 of the Trade Act of 1974, the previous question the following: Senate Amendment to H.R. 2832— shall be considered as ordered on H.R. 3080 to final to extend the Generalized System of Preferences, and passage without intervening motion. Finally, the rule for other purposes; H.R. 3078, the ‘‘United States- proves that H. Res. 418 is laid on the table. Colombia Trade Promotion Agreement Implementa- Testimony was heard from Rep. Brady of Texas; tion Act’’; H.R. 3079, the ‘‘United States-Panama and Rep. McDermott.

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SUBPAR SUBCONTRACTING: CHALLENGES Intelligence.’’ Testimony was heard from Robert S. FOR SMALL BUSINESSES CONTRACTORS Mueller, III, Director, Federal Bureau of Investiga- Committee on Small Business: Subcommittee on Con- tion; and Matthew G. Olsen, Director, National tracting and Workforce held a hearing entitled Counterterrorism Center. ‘‘Subpar Subcontracting: Challenges for Small Busi- nesses Contractors.’’ Testimony was heard from Jo- Joint Meetings seph G. Jordan, Associate Administrator of Govern- No joint committee meetings were held. ment Contracting and Business Development, Small f Business Administration; Mary L. Kendall, Acting Inspector General, Department of the Interior; and COMMITTEE MEETINGS FOR FRIDAY, public witnesses. OCTOBER 7, 2011 FEDERAL RECOVERY COORDINATION (Committee meetings are open unless otherwise indicated) PROGRAM Senate Committee on Veterans’ Affairs: Subcommittee on No meetings/hearings scheduled. Health held a hearing entitled ‘‘The Federal Recov- House ery Coordination Program: Assessing Progress To- ward Improvement.’’ Testimony was heard from No hearings are scheduled. Debra A. Draper, Director, Health Care, Govern- f ment Accountability Office; Philip Burdette, Prin- cipal Director, Wounded Warrior Care and Transi- CONGRESSIONAL PROGRAM AHEAD tion Policy, Office of the Under Secretary of Defense Week of October 10 through October 15, 2011 for Personnel and Readiness, Department of Defense; John Medve, Executive Director, Office of VA-DoD Senate Chamber Collaboration Service, Office of Policy and Planning, On Tuesday, at approximately 5:30 p.m., Senate Department of Veterans Affairs; and public wit- will vote on confirmation of the nomination of Jane nesses. Margaret Triche-Milazzo, of Louisiana, to be United States District Judge for the Eastern District of Lou- ARLINGTON NATIONAL CEMETERY isiana, to be followed by a vote on passage of S. Committee on Veterans’ Affairs: Subcommittee on Dis- 1619, Currency Exchange Rate Oversight Reform ability Assistance and Memorial Affairs held a hear- Act, and a vote on the motion to invoke cloture on ing entitled ‘‘Arlington National Cemetery: An Up- the motion to proceed to S. 1660, American Jobs date on Reform and Progress.’’ Testimony was heard Act. from Major General William H. McCoy, Jr., USA, During the balance of the week, Senate may con- Acting Inspector General, U.S. Army Inspector Gen- sider any cleared legislative and executive business. eral Agency, Department of the Army, Department of Defense; Kathryn A. Condon, Executive Director, Senate Committees National Cemeteries Program, Office of the Secretary (Committee meetings are open unless otherwise indicated) of the Army, Department of the Army, Department Committee on Appropriations: October 12, Subcommittee of Defense; and Patrick K. Hallinan, Superintendent, on Department of Homeland Security, to hold hearings Arlington National Cemetery, Office of the Secretary to examine the Federal role in disaster recovery and re- of the Army, Department of Defense. sponse, 2:30 p.m., SD–192. Committee on Banking, Housing, and Urban Affairs: Octo- UNEMPLOYMENT BENEFIT PROPOSALS ber 13, to hold hearings to examine addressing potential Committee on Ways and Means: Subcommittee on threats from Iran, focusing on Administration perspec- Human Resources held a hearing reviewing unem- tives on implementing new economic sanctions one year ployment benefit proposals in the President’s latest later, 10 a.m., SD–538. Committee on Commerce, Science, and Transportation: Octo- jobs plan and assessing whether they will help the ber 12, to hold hearings to examine universal service re- long-term unemployed return to work. Testimony form, focusing on bringing broadband to all Americans, was heard from Sen. Wyden; Rep. Renacci; Jane 2:30 p.m., SR–253. Oates, Assistant Secretary, Employment, and Train- Committee on Environment and Public Works: October 13, ing Administration, Department of Labor; and pub- Subcommittee on Green Jobs and the New Economy, to lic witnesses. hold hearings to examine innovative practices to create DOMESTIC THREAT INTELLIGENCE jobs and reduce pollution, 10 a.m., SD–406. Committee on Finance: October 11, business meeting to House Permanent Select Committee on Intelligence: Full consider S. 1641, to implement the United States-Colom- Committee held a hearing entitled ‘‘Domestic Threat bia Trade Promotion Agreement, S. 1642, to implement

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the United States-Korea Free Trade Agreement, S. 1643, States Code, to clarify and improve certain provisions re- to implement the United States-Panama Trade Promotion lating to the removal of litigation against Federal officers Agreement, and the nominations of Michael W. Punke, or agencies to Federal courts, S. 1636, to amend title 28, of Montana, to be a Deputy United States Trade Rep- United States Code, to clarify the jurisdiction of the Fed- resentative, with the Rank of Ambassador, and Islam A. eral courts, H.R. 394, to amend title 28, United States Siddiqui, of Virginia, to be Chief Agricultural Nego- Code, to clarify the jurisdiction of the Federal courts, S. tiator, Office of the United States Trade Representative, 1637, to clarify appeal time limits in civil actions to with the rank of Ambassador, both of the Executive Of- which United States officers or employees are parties, fice of the President, Paul Piquado, of the District of Co- H.R. 2633, to amend title 28, United States Code, to lumbia, to be Assistant Secretary of Commerce, and clarify the time limits for appeals in civil cases to which David S. Johanson, of Texas, to be a Member of the United States officers or employees are parties, S. 1014, United States International Trade Commission, 4 p.m., to provide for additional Federal district judgeships, and SD–215. the nominations of Adalberto Jose Jordan, of Florida, to October 12, Full Committee, to hold hearings to ex- be United States Circuit Judge for the Eleventh Circuit, amine tax reform options, focusing on capital investment John M. Gerrard, to be United States District Judge for and manufacturing, 10 a.m., SD–215. the District of Nebraska, Mary Elizabeth Phillips, to be Committee on Foreign Relations: October 12, business United States District Judge for the Western District of meeting to consider the nominations of Joyce A. Barr, of Washington, to be Assistant Secretary for Administration, Missouri, Thomas Owen Rice, to be United States Dis- Robert A. Mandell, of Florida, to be Ambassador to Lux- trict Judge for the Eastern District of Washington, David embourg, Thomas Charles Krajeski, of Virginia, to be Nuffer, to be United States District Judge for the Dis- Ambassador to the Kingdom of Bahrain, Dan W. trict of Utah, and Steven R. Frank, to be United States Mozena, of Iowa, to be Ambassador to the People’s Re- Marshal for the Western District of Pennsylvania, Martin public of Bangladesh, and Michael A. Hammer, of the J. Pane, to be United States Marshal for the Middle Dis- District of Columbia, to be Assistant Secretary for Public trict of Pennsylvania, and David Blake Webb, to be Affairs, all of the Department of State, Anne Terman United States Marshal for the Eastern District of Pennsyl- Wedner, of Illinois, to be a Member of the United States vania, all of the Department of State, 10 a.m., SD–226. Advisory Commission on Public Diplomacy, Katherine October 13, Full Committee, to hold hearings to ex- M. Gehl, of Wisconsin, and Terry Lewis, of Michigan, amine arbitration, 2 p.m., SD–226. both to be a Member of the Board of Directors of the Committee on Small Business and Entrepreneurship: October Overseas Private Investment Corporation, Russ Carnahan, 12, business meeting to consider the nomination of of Missouri, to be a Representative of the United States Winslow Lorenzo Sargeant, of Wisconsin, to be Chief of America to the Sixty-sixth Session of the General As- Counsel for Advocacy, Small Business Administration, sembly of the United Nations, and Ann Marie Buerkle, Time to be announced, Room to be announced. of New York, to be a Representative of the United States Select Committee on Intelligence: October 13, to hold of America to the Sixty-sixth Session of the General As- closed hearings to examine certain intelligence matters, sembly of the United Nations, and routine lists in the 2:30 p.m., SH–219. Foreign Service; to be immediately followed by a hearing Special Committee on Aging: October 12, to hold hearings to examine the nomination of Michael Anthony McFaul, to examine finding consensus in the Medicare reform de- of California, to be Ambassador to the Russian Federa- bate, 2 p.m., SD–562. tion, Department of State, 2:15 p.m., S–116, Capitol. Committee on Health, Education, Labor, and Pensions: Oc- House Committees tober 12, to hold hearings to examine the state of chronic disease prevention, 2:30 p.m., SD–430. Committee on Agriculture, October 12, full Committee, Committee on Homeland Security and Governmental Affairs: hearing to review legislative proposals amending Title October 11, Subcommittee on Oversight of Government VII of the Dodd-Frank Wall Street Reform and Con- Management, the Federal Workforce, and the District of sumer Protection Act, 10 a.m., 1300 Longworth. Columbia, to hold hearings to examine labor-management Committee on Armed Services, October 12, full Com- forums in the Federal government, 2:30 p.m., SD–342. mittee, hearing entitled ‘‘The Future of National Defense October 12, Full Committee, to hold hearings to ex- and the U.S. Military Ten Years After 9/11: Perspectives amine ten years after 9/11, focusing on a status report on of Former Chairmen of the Committee on Armed Serv- information sharing, 10:30 a.m., SD–342. ices.’’ 10 a.m., 2118 Rayburn. Committee on Indian Affairs: October 13, to hold an October 12, Subcommittee on Tactical Air and Land oversight hearing to examine the Carcieri crisis, focusing Forces, hearing on National Guard and Reserve compo- on the ripple effect on jobs, economic development and nent acquisition and modernization, 2 p.m., 2212 Ray- public safety in native communities, 2:15 p.m., SD–628. burn. Committee on the Judiciary: October 13, business meeting October 13, full Committee, hearing entitled ‘‘The Fu- to consider S. 1301, to authorize appropriations for fiscal ture of National Defense and the U.S. Military Ten Years years 2012 to 2015 for the Trafficking Victims Protec- After 9/11: Perspectives of Secretary of Defense Leon Pa- tion Act of 2000, to enhance measures to combat traf- netta and Chairman of the Joint Chiefs of Staff Martin ficking in person, H.R. 368, to amend title 28, United Dempsey.’’ 10 a.m., 2118 Rayburn.

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October 13, Subcommittee on Seapower and Projection Commission Six Years after U.S. v. Booker.’’ 3 p.m., Forces, hearing on an update on KC–46A and legacy aer- 2141 Rayburn. ial refueling aircraft programs, 1 p.m., 2212 Rayburn. Committee on Natural Resources, October 12, full Com- October 14, Subcommittee on Strategic Forces, hearing mittee, hearing entitled ‘‘One Year after President entitled ‘‘Nuclear Weapons Modernization in Russia and Obama’s Gulf of Mexico 6-Month Moratorium Officially China: Understanding Impacts to the United States.’’ Lifted: Examining the Lingering Impacts on Jobs, Energy 11:30 p.m., 2212 Rayburn. Production and Local Economies.’’ 10 a.m., 1324 Long- Committee on Education and the Workforce, October 12, worth. full Committee, hearing on H.R. 3094, the ‘‘Workforce October 13, full Committee, hearing entitled Democracy and Fairness Act.’’ 10 a.m., 2175 Rayburn. ‘‘BOEMRE/U.S. Coast Guard Joint Investigation Team October 13, Subcommittee on Health, Employment, Report.’’ 10 a.m., 1324 Longworth. Labor, and Pensions, hearing entitled ‘‘Regulations, Costs, Committee on Oversight and Government Reform, October and Uncertainty in Employer Provided Health Care.’’ 10 12, Subcommittee on National Security, Homeland De- a.m., 2175 Rayburn. fense and Foreign Operations, hearing entitled ‘‘Status Committee on Energy and Commerce, October 12, Sub- Report on the Transition to a Civilian-Led Mission in committee on Commerce, Manufacturing, and Trade; and Iraq.’’ 10 a.m., 2154 Rayburn. the Subcommittee on Health, joint hearing entitled October 12, Subcommittee on Regulatory Affairs, ‘‘Food Marketing: Can ‘Voluntary’ Government Restric- Stimulus Oversight and Government Spending, hearing tions Improve Children’s Health?’’ 10 a.m., 2123 Ray- entitled ‘‘Running on Empty: How the Obama Adminis- burn. tration’s Green Energy Gamble Will Impact Small Busi- October 12, Subcommittee on Oversights and Inves- ness and Consumers.’’ 10 a.m., 2247 Rayburn. tigations, hearing entitled ‘‘Cutting EPA Spending.’’ Committee on Science, Space, and Technology, October 12, 10:30 a.m., 2322 Rayburn. Subcommittee on Research and Science Education, hear- October 13, Subcommittee on Commerce, Manufac- ing entitled ‘‘What Makes for Successful K–12 STEM turing, and Trade, hearing entitled ‘‘Understanding Con- Education: A Closer Look at Effective STEM Education sumer Attitudes About Privacy.’’ 9 a.m., 2123 Rayburn. Approaches.’’ 10 a.m., 2318 Rayburn. Committee on Financial Services, October 12, Sub- October 12, Subcommittee on Space and Aeronautics, committee on Oversight and Investigations, hearing enti- hearing entitled ‘‘The International Space Station: Lessons tled ‘‘Oversight of the Federal Home Loan Bank System.’’ 1 p.m., 2220 Rayburn. from the Soyuz Rocket Failure and Return to Flight.’’ 2 October 12, Subcommittee on Financial Institutions p.m., 2318 Rayburn. and Consumer Credit, hearing entitled ‘‘H.R. 1418, the October 13, Subcommittee on Investigations and Over- ‘Small Business Lending Enhancement Act of 2011.’’ 2 sight, hearing entitled ‘‘The Endangered Species Act: Re- p.m., 2128 Rayburn. viewing the Nexus of Science and Policy.’’ 10 a.m., 2318 Committee on Foreign Affairs, October 12, Subcommittee Rayburn. on Foreign Affairs, hearing entitled ‘‘Narcoterrorism and October 13, Subcommittee Energy and Environment, the Long Reach of U.S. Law Enforcement.’’ 12:30 p.m., hearing entitled ‘‘Advancing Coal Research and Develop- 2172 Rayburn. ment for a Secure Energy Future.’’ 2 p.m., 2318 Ray- October 13, full Committee, hearing entitled ‘‘Emerg- burn. ing Threats and Security in the Western Hemisphere: Committee on Small Business, October 12, full Com- Next Steps for U.S. Policy.’’ 10 a.m., 2172 Rayburn. mittee, hearing entitled ‘‘LightSquared: The Impact to Committee on Homeland Security, October 13, Sub- Small Business GPS Users.’’ 1 p.m., 2360 Rayburn. committee on Transportation Security, hearing entitled Committee on Transportation and Infrastructure, October ‘‘TSA Reform: Exploring Innovations in Technology Pro- 12, Subcommittee on Highways and Transit, hearing en- curement to Stimulate Job Growth, Part II.’’ 2 p.m., 311 titled ‘‘National Infrastructure Bank: More Bureaucracy Cannon. and More Red Tape.’’ 10 a.m., 2167 Rayburn. Committee on House Administration, October 13, Sub- October 13, Subcommittee on Economic Development, committee on Elections, hearing entitled ‘‘Federal Elec- Public Buildings, and Emergency Management, hearing tion Commission: Reviewing Policies, Processes and Pro- entitled ‘‘Streamlining Emergency Management: Improv- cedures.’’ 3 p.m., 1310 Longworth. ing Preparedness, Response, and Cutting Costs.’’ 8:30 Committee on the Judiciary, October 11, Subcommittee a.m., 2167 Rayburn. on Courts, Commercial and Administrative Law, hearing Committee on Veterans’ Affairs, October 12, full Com- on H.R. 1996, the ‘‘Government Litigation Savings Act.’’ mittee, hearing entitled ‘‘Failures at Miami VAMC: Win- 3:30 p.m., 2141 Rayburn. dow to a National Problem.’’ 10 a.m., 334 Cannon. October 12, Subcommittee on Crimes, Terrorism, and House Permanent Select Committee on Intelligence, October Homeland Security, hearing entitled ‘‘Uncertain Justice: 11, full Committee, hearing on ongoing intelligence ac- The Status of Federal Sentencing and the U.S. Sentencing tivities, 4 p.m., HVC–304.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 p.m., Friday, October 7 10 a.m., Friday, October 7

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: The House will meet in pro forma session. session at 10 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gardner, Cory, Colo., E1796, E1797 Rangel, Charles B., N.Y., E1791 Gerlach, Jim, Pa., E1789 Richmond, Cedric L., La., E1793 Andrews, Robert E., N.J., E1789 Guinta, Frank C., N.H., E1787 Roskam, Peter J., Ill., E1785 Barletta, Lou, Pa., E1803 Hastings, Alcee L., Fla., E1790, E1801 Ros-Lehtinen, Ileana, Fla., E1800 Bishop, Sanford D., Jr., Ga., E1798, E1803 Holt, Rush D., N.J., E1786 Rothman, Steven R., N.J., E1794 Bishop, Timothy H., N.Y., E1795 Hoyer, Steny H., Md., E1790 Blumenauer, Earl, Ore., E1796 Johnson, Eddie Bernice, Tex., E1785 Runyan, Jon, N.J., E1797 Bonner, Jo, Ala., E1787 Kildee, Dale E., Mich., E1789, E1798 Rush, Bobby L., Ill., E1790 Brady, Robert A., Pa., E1797 Kissell, Larry, N.C., E1792 Sa´ nchez, Linda T., Calif., E1801 Braley, Bruce L., Iowa, E1790 Kucinich, Dennis J., Ohio, E1795, E1795, E1796, E1797, Sarbanes, John P., Md., E1792, E1801 Bucshon, Larry, Ind., E1803 E1798, E1799 Schmidt, Jean, Ohio, E1794 Calvert, Ken, Calif., E1797 Lowey, Nita M., N.Y., E1789 Scott, Robert C. ‘‘Bobby’’, Va., E1804 Clarke, Yvette D., N.Y., E1794 Maloney, Carolyn B., N.Y., E1787, E1788, E1796 Sessions, Pete, Tex., E1788 Coffman, Mike, Colo., E1786, E1804 Miller, Jeff, Fla., E1799 Shuler, Heath, N.C., E1800 Cohen, Steve, Tenn., E1800, E1801 Moore, Gwen, Wisc., E1800 Simpson, Michael K., Idaho, E1792 Conyers, John, Jr., Mich., E1793 Murphy, Christopher S., Conn., E1789, E1792 Critz, Mark S., Pa., E1804 Nadler, Jerrold, N.Y., E1800 Smith, Adam, Wash., E1785, E1788 Davis, Susan A., Calif., E1794 Norton, Eleanor Holmes, D.C., E1799, E1803 Smith, Christopher H., N.J., E1785 DeLauro, Rosa L., Conn., E1795 Payne, Donald M., N.J., E1793 Stark, Fortney Pete, Calif., E1789 Fincher, Stephen Lee, Tenn., E1793 Pence, Mike, Ind., E1791, E1802 Wilson, Frederica S., Fla., E1802

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