6418 —HOUSE, Vol. 158, Pt. 5 May 9, 2012 right thing to do. This amendment is b 1800 rent resolution on the budget for fiscal not. Let’s defeat this amendment. So I just think that this is kind of a year 2013, which was referred to the I yield back the balance of my time. meat-ax approach. If you do have con- Union Calendar and ordered to be Mr. POLIS. I move to strike the last cerns, let’s do it in the regular legisla- printed. word. f The Acting CHAIR. The gentleman tive order, not just say that we’re from Colorado is recognized for 5 min- going to eliminate that whole ability COMMERCE, JUSTICE, SCIENCE, utes. for them to resolve conflicts. You’re AND RELATED AGENCIES APPRO- Mr. POLIS. I yield to the gentleman going to end up with more lawsuits and PRIATIONS ACT, 2013 a lot of concerns by people who are from Pennsylvania. The SPEAKER pro tempore. Pursu- going to wonder what the future holds Mr. FATTAH. Again, this is a little ant to House Resolution 643 and rule without a good, comprehensive plan. bit different than the optimism in Chi- XVIII, the Chair declares the House in So I again compassionately ask my cago at the Coastal Zone Conference the Committee of the Whole House on colleagues on both sides of the aisle to where the Ocean Policy just had such the state of the Union for the further reject this amendment. It would be a an enthusiastic response from constitu- consideration of the bill, H.R. 5326. very dangerous thing for this country encies all around the country and in Will the gentleman from Georgia to do, to adopt this amendment. other parts of the world. (Mr. PRICE) kindly resume the chair. The development of this is bipar- Mr. POLIS. I thank the gentleman tisan: the Pew Foundation, from Pennsylvania and the gentleman b 1803 headquartered in my home city of from California for their hard work on IN THE COMMITTEE OF THE WHOLE Philadelphia; the Lenfest Foundation, this issue, and I yield back the balance Accordingly, the House resolved led by Gerry Lenfest, and their invest- of my time. itself into the Committee of the Whole ments in studying the oceans. We’ve The Acting CHAIR. The question is House on the state of the Union for the seen the work that has been done on the amendment offered by the gen- further consideration of the bill (H.R. that’s led to this. tleman from Texas (Mr. FLORES). 5326) making appropriations for the De- I would hope that we would oppose The question was taken; and the Act- partments of Commerce and Justice, this amendment and we would work to ing Chair announced that the noes ap- Science, and Related Agencies for the build a further consensus and hopefully peared to have it. fiscal year ending September 30, 2013, have legislation come out of the Nat- Mr. FLORES. Mr. Chairman, I de- and for other purposes, with Mr. PRICE ural Resources Committee. mand a recorded vote. of Georgia (Acting Chair) in the chair. I thank the gentleman for yielding to The Acting CHAIR. Pursuant to The Clerk read the title of the bill. me, and I hope that we vote this clause 6 of rule XVIII, further pro- The Acting CHAIR. When the Com- amendment down. ceedings on the amendment offered by mittee of the Whole rose earlier today, Mr. POLIS. Reclaiming my time, I the gentleman from Texas will be post- a request for a recorded vote on an would like to yield to the gentleman poned. amendment offered by the gentleman from California (Mr. FARR). Mr. WOLF. Mr. Chairman, I move from Texas (Mr. FLORES) had been Mr. FARR. Thank you very much for that the Committee do now rise. postponed and the bill had been read yielding. The motion was agreed to. through page 101, line 10. I think you can note the passion I’ve Accordingly, the Committee rose; had on this issue because we worked at ANNOUNCEMENT BY THE ACTING CHAIR and the Speaker pro tempore (Mr. HAS- it a long time. And I want to assure The Acting CHAIR. Pursuant to TINGS of Washington) having assumed you—I’m ranking member of the Ag clause 6 of rule XVIII, proceedings will the chair, Mr. PRICE of Georgia, Acting now resume on those amendments on Appropriations Committee. I probably Chair of the Committee of the Whole represent more productive agriculture which further proceedings were post- House on the state of the Union, re- poned, in the following order: than anybody in Congress. I have just ported that that Committee, having An amendment by Mr. CHAFFETZ of one county I represent that has 85 had under consideration the bill (H.R. crops in it. We do about $4.2 billion of Utah. 5326) making appropriations for the De- An amendment by Mr. TIERNEY of agriculture out of that county. partments of Commerce and Justice, I can assure you that coastal States’ Massachusetts. Science, and Related Agencies for the agriculture is very much concerned An amendment by Mrs. BLACKBURN of fiscal year ending September 30, 2013, about all of these issues that are com- Tennessee. and for other purposes, had come to no ing up and really supports the ideas Amendment No. 38 by Mr. DUNCAN of resolution thereon. that we can have a coordinated effort. South Carolina. This is a long effort. We had the mili- f An amendment by Mr. GARRETT of New Jersey. tary involved in this. We’ve got FEMA REPORT ON H.R. 4966, SEQUESTER An amendment by Mr. SCHWEIKERT of involved in this. We’ve got the Depart- REPLACEMENT ACT OF 2012 ment of Agriculture involved in this. Arizona. We’ve got every other agency. And it’s Mr. CHAFFETZ, from the Committee Amendment No. 46 by Mr. WEBSTER how you resolve conflicts that are on the Budget, submitted a privileged of Florida. there. report (Rept. No. 112–469, Part 1) on the The first amendment by Mr. FLORES Yes, we in Congress have enacted an bill (H.R. 4966) to amend the Balanced of Texas. awful lot of laws. And I want to say Budget and Emergency Deficit Control The second amendment by Mr. FLO- there isn’t anything the President has Act of 1985 to replace the sequester es- RES of Texas. done or any of these agencies are doing tablished by the Budget Control Act of The Chair will reduce to 2 minutes that isn’t authorized in law. We gave 2011, which was referred to the Union the minimum time for any electronic them those authorities. We just never Calendar and ordered to be printed. vote after the first vote in this series. required them to all sit down and talk f AMENDMENT OFFERED BY MR. CHAFFETZ about those conflicts and how to re- The Acting CHAIR. The unfinished solve those conflicts. REPORT ON H.R. 5652, SEQUESTER business is the demand for a recorded We have a huge responsibility here. REPLACEMENT RECONCILIATION vote on the amendment offered by the This is a long effort to create a Na- ACT OF 2012 gentleman from Utah (Mr. CHAFFETZ) tional Ocean Policy. It’s the smart Mr. CHAFFETZ, from the Committee on which further proceedings were thing to do. It’s got all the Federal on the Budget, submitted a privileged postponed and on which the ayes pre- agencies at the table, finally, and it’s report (Rept. No. 112–470) on the bill vailed by voice vote. got all the user groups, both private (H.R. 5652) to provide for reconciliation The Clerk will redesignate the and public. pursuant to section 201 of the concur- amendment.

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6419 The Clerk redesignated the amend- Miller (NC) Rigell Smith (WA) Stated for: ment. Miller, Gary Rivera Southerland Miller, George Roby Speier Mr. FILNER. Mr. Chair, on rollcall 226, I was RECORDED VOTE Moore Roe (TN) Stearns away from the Capitol due to prior commit- Mulvaney Rogers (AL) The Acting CHAIR. A recorded vote Stivers ments to my constituents. Had I been present, Murphy (CT) Rogers (KY) Stutzman I would have voted ‘‘aye.’’ has been demanded. Murphy (PA) Rogers (MI) Sullivan A recorded vote was ordered. Myrick Rohrabacher Sutton AMENDMENT OFFERED BY MR. TIERNEY Nadler Rokita Terry The Acting CHAIR. The unfinished The vote was taken by electronic de- Napolitano Rooney Thompson (CA) business is the demand for a recorded vice, and there were—ayes 381, noes 41, Neal Ros-Lehtinen Thompson (MS) not voting 9, as follows: Neugebauer Roskam Thompson (PA) vote on the amendment offered by the Noem Ross (AR) Thornberry gentleman from Massachusetts (Mr. [Roll No. 226] Nugent Ross (FL) Tiberi TIERNEY) on which further proceedings Nunes Roybal-Allard Tierney AYES—381 Nunnelee Royce were postponed and on which the noes Tipton Ackerman Culberson Holden Olson Runyan Tonko prevailed by voice vote. Adams Cummings Holt Olver Ruppersberger Towns The Clerk will redesignate the Aderholt Davis (CA) Hoyer Owens Rush Tsongas Akin Davis (KY) Huelskamp Palazzo Ryan (OH) amendment. Turner (NY) Alexander DeFazio Huizenga (MI) Pallone Ryan (WI) The Clerk redesignated the amend- Turner (OH) Altmire DeLauro Hultgren Pastor (AZ) Sa´ nchez, Linda ment. Amash Denham Hunter Paul T. Upton Amodei Dent Hurt Paulsen Sanchez, Loretta Van Hollen RECORDED VOTE ´ Austria DesJarlais Israel Pearce Sarbanes Velazquez The Acting CHAIR. A recorded vote Baca Deutch Issa Pence Scalise Visclosky Baldwin Diaz-Balart Jackson Lee Perlmutter Schiff Walberg has been demanded. Barletta Doggett (TX) Peters Schilling Walden A recorded vote was ordered. Barrow Dold Jenkins Peterson Schmidt Walsh (IL) The Acting CHAIR. This will be a 2- Bartlett Doyle Johnson (IL) Petri Schock Walz (MN) Barton (TX) Dreier Johnson (OH) Pingree (ME) Schrader Wasserman minute vote. Bass (CA) Duffy Johnson, E. B. Pitts Schwartz Schultz The vote was taken by electronic de- Bass (NH) Duncan (SC) Johnson, Sam Platts Schweikert Waxman vice, and there were—ayes 160, noes 260, Benishek Duncan (TN) Jones Poe (TX) Scott (SC) Webster not voting 11, as follows: Berg Ellison Jordan Polis Scott (VA) Welch Berkley Ellmers Keating Pompeo Scott, Austin West [Roll No. 227] Berman Emerson Kelly Posey Sensenbrenner Westmoreland AYES—160 Biggert Engel Kildee Price (GA) Serrano Whitfield Bilbray Eshoo Kind Price (NC) Sessions Wilson (FL) Ackerman Gibson Olver Bilirakis Farenthold King (IA) Quayle Sewell Wilson (SC) Altmire Goodlatte Owens Bishop (GA) Farr King (NY) Quigley Sherman Wittman Andrews Gowdy Pallone Bishop (NY) Fattah Kingston Rahall Shimkus Wolf Baca Grijalva Pascrell Bishop (UT) Fincher Kinzinger (IL) Reed Shuler Womack Baldwin Grimm Pastor (AZ) Black Fitzpatrick Kissell Rehberg Shuster Woodall Barrow Guinta Pence Blackburn Flake Kline Reichert Simpson Yarmuth Bartlett Gutierrez Peters Blumenauer Fleischmann Labrador Renacci Sires Yoder Bass (CA) Hahn Pingree (ME) Bonamici Fleming Lamborn Reyes Smith (NE) Young (AK) Becerra Hanabusa Platts Bonner Flores Lance Ribble Smith (NJ) Young (FL) Berkley Harris Price (NC) Bono Mack Forbes Landry Richmond Smith (TX) Young (IN) Berman Hayworth Quigley Boren Fortenberry Langevin Biggert Heinrich NOES—41 Rahall Boswell Foxx Lankford Bishop (NY) Herrera Beutler Rangel Boustany Frank (MA) Larsen (WA) Andrews Dingell McDermott Blumenauer Higgins Reichert Brady (PA) Franks (AZ) Larson (CT) Becerra Edwards Meeks Bonamici Hinojosa Richardson Boswell Hirono Brady (TX) Frelinghuysen Latham Butterfield Fudge Moran Ross (AR) Brady (PA) Hochul Braley (IA) Gallegly LaTourette Carson (IN) Hahn Pascrell Rothman (NJ) Braley (IA) Holden Brooks Gardner Latta Chu Hinchey Rangel Roybal-Allard Brown (FL) Holt Broun (GA) Garrett Levin Clarke (NY) Hinojosa Richardson Rush Camp Israel Brown (FL) Gerlach Lewis (CA) Cleaver Honda Rothman (NJ) Ryan (OH) Capuano Jackson (IL) Buchanan Gibbs Lipinski Clyburn Jackson (IL) Schakowsky Sa´ nchez, Linda Bucshon Gibson LoBiondo Cohen Johnson (GA) Cardoza Johnson (GA) Scott, David T. Buerkle Gingrey (GA) Loebsack Conyers Kaptur Carnahan Jones Stark Sanchez, Loretta Burgess Gohmert Lofgren, Zoe Crowley Lee (CA) Carney Keating Waters Carson (IN) Kildee Sarbanes Burton (IN) Gonzalez Long Davis (IL) Lewis (GA) Schakowsky Calvert Watt Chandler Kind Goodlatte Lowey DeGette Matsui Schrader Camp Gosar Lucas Woolsey Cicilline Kissell Dicks McCollum Schwartz Campbell Gowdy Luetkemeyer Clarke (MI) Labrador Scott (SC) Canseco Granger Luja´ n NOT VOTING—9 Clay Langevin Scott (VA) Cantor Graves (GA) Lummis Bachmann Donnelly (IN) Kucinich Cohen Larsen (WA) Scott, David Capito Graves (MO) Lungren, Daniel Bachus Filner Pelosi Connolly (VA) Levin Serrano Capps Green, Al E. Costa Garamendi Slaughter Conyers Lipinski Sherman Capuano Green, Gene Lynch Cooper LoBiondo Shuler Cardoza Griffin (AR) Mack b 1829 Costa Loebsack Sires Carnahan Griffith (VA) Maloney Crawford Luja´ n Messrs. DAVIS of Illinois, ROTHMAN Smith (NJ) Carney Grijalva Manzullo Critz Lynch Smith (WA) Carter Grimm Marchant of New Jersey, BECERRA, Ms. Crowley Maloney Cassidy Guinta Marino CLARKE of New York, Ms. WATERS, Cummings Markey Speier Castor (FL) Guthrie Markey Mr. HONDA and Ms. KAPTUR changed Davis (CA) Matheson Stark Davis (IL) McCarthy (NY) Thompson (MS) Chabot Gutierrez Matheson their vote from ‘‘aye’’ to ‘‘no.’’ Chaffetz Hall McCarthy (CA) Davis (KY) McCollum Tierney Chandler Hanabusa McCarthy (NY) Mr. HASTINGS of Florida, Ms. DeFazio McDermott Tonko Cicilline Hanna McCaul EDDIE BERNICE JOHNSON of Texas, DeGette McGovern Towns Clarke (MI) Harper McClintock Messrs. BRADY of Pennsylvania, Dent McIntyre Tsongas Upton Clay Harris McCotter COFFMAN of Colorado, Mrs. LOWEY, Dingell McKinley Coble Hartzler McGovern Doggett Meehan Visclosky Coffman (CO) Hastings (FL) McHenry Mr. DEUTCH, Ms. CASTOR of Florida, Dold Meeks Walden Cole Hastings (WA) McIntyre Messrs. ACKERMAN, RICHMOND, Doyle Michaud Waters Conaway Hayworth McKeon KEATING, ELLISON, Ms. Duncan (SC) Miller, George Watt Connolly (VA) Heck McKinley Ellison Moran Welch Cooper Heinrich McMorris WASSERMAN SCHULTZ, Ms. BASS of Farr Mulvaney Wilson (SC) Costello Hensarling Rodgers California, Mr. GONZALEZ and Ms. Fitzpatrick Myrick Woolsey Courtney Herger McNerney JACKSON LEE of Texas changed their Frank (MA) Nadler Yarmuth Cravaack Herrera Beutler Meehan vote from ‘‘no’’ to ‘‘aye.’’ Gerlach Neal Young (FL) Crawford Higgins Mica Crenshaw Himes Michaud So the amendment was agreed to. NOES—260 Critz Hirono Miller (FL) The result of the vote was announced Adams Akin Amash Cuellar Hochul Miller (MI) as above recorded. Aderholt Alexander Amodei

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Austria Graves (MO) Olson ANNOUNCEMENT BY THE ACTING CHAIR Luetkemeyer Pitts Shuler Barletta Green, Al Palazzo The Acting CHAIR (during the vote). Lummis Platts Shuster Barton (TX) Green, Gene Paul Mack Poe (TX) Simpson Bass (NH) Griffin (AR) Paulsen There is 1 minute remaining. Manzullo Pompeo Smith (NE) Benishek Griffith (VA) Pearce Marchant Posey Smith (NJ) Berg Guthrie Perlmutter b 1832 Marino Price (GA) Smith (TX) Bilbray Hall Peterson So the amendment was rejected. Matheson Quayle Southerland Bilirakis Hanna Petri McCarthy (CA) Reed Stearns Bishop (GA) Harper Pitts The result of the vote was announced McClintock Rehberg Stivers Bishop (UT) Hartzler Poe (TX) as above recorded. McCotter Reichert Stutzman Black Hastings (FL) Polis Stated for: McHenry Renacci Sullivan McIntyre Ribble Blackburn Hastings (WA) Pompeo Mr. FILNER. Mr. Chair, on rollcall 227, I was Terry Bonner Heck Posey McKeon Rivera Thompson (PA) Bono Mack Hensarling Price (GA) away from the Capitol due to prior commit- McKinley Roby Thornberry Boren Herger Quayle ments to my constituents. Had I been present, McMorris Roe (TN) Tiberi Rodgers Rogers (AL) Boustany Himes Reed Tipton I would have voted ‘‘aye.’’ Mica Rogers (KY) Brady (TX) Hinchey Rehberg Turner (NY) Stated against: Miller (FL) Rogers (MI) Brooks Honda Renacci Turner (OH) Miller, Gary Rohrabacher Broun (GA) Hoyer Reyes Mr. MILLER of Florida. Mr. Chair, due to Upton Mulvaney Rokita Buchanan Huelskamp Ribble being unavoidably detained, I missed the fol- Walberg Murphy (PA) Rooney Bucshon Huizenga (MI) Richmond Walden lowing rollcall vote: No. 227 on May 9, 2012. Myrick Ros-Lehtinen Buerkle Hultgren Rigell If present, I would have voted ‘‘no.’’ Neugebauer Roskam Walsh (IL) Burgess Hunter Rivera Webster AMENDMENT OFFERED BY MRS. BLACKBURN Noem Ross (AR) Burton (IN) Hurt Roby Nugent Ross (FL) West Butterfield Issa Roe (TN) The Acting CHAIR. The unfinished Nunes Royce Westmoreland Calvert Jackson Lee Rogers (AL) business is the demand for a recorded Nunnelee Runyan Whitfield Campbell (TX) Rogers (KY) vote on the amendment offered by the Olson Scalise Wilson (SC) Canseco Jenkins Rogers (MI) Wittman gentlewoman from Tennessee (Mrs. Palazzo Schilling Cantor Johnson (IL) Rohrabacher Paul Schock Wolf Capito Johnson (OH) Rokita BLACKBURN) on which further pro- Paulsen Schweikert Womack Capps Johnson, E. B. Rooney ceedings were postponed and on which Pearce Scott (SC) Yoder Carter Johnson, Sam Ros-Lehtinen the ayes prevailed by voice vote. Pence Scott, Austin Young (AK) Cassidy Jordan Roskam Peterson Sessions Young (FL) Castor (FL) Kaptur Ross (FL) The Clerk will redesignate the Petri Shimkus Young (IN) Chabot Kelly Royce amendment. Chaffetz King (IA) Runyan The Clerk redesignated the amend- NOES—194 Chu King (NY) Ruppersberger ment. Ackerman Ellison Markey Clarke (NY) Kingston Ryan (WI) RECORDED VOTE Altmire Engel Matsui Clyburn Kinzinger (IL) Scalise Andrews Eshoo McCarthy (NY) Coble Kline Schiff The Acting CHAIR. A recorded vote Baca Farr McCollum Coffman (CO) Lamborn Schilling has been demanded. Baldwin Fattah McDermott Cole Lance Schmidt A recorded vote was ordered. Bass (CA) Fortenberry McGovern Conaway Landry Schock Becerra Foxx McNerney Costello Lankford Schweikert The Acting CHAIR. This is a 2- Berkley Frank (MA) Meehan Courtney Larson (CT) Scott, Austin minute vote. Berman Fudge Meeks Cravaack Latham Sensenbrenner The vote was taken by electronic de- Biggert Garamendi Michaud Crenshaw LaTourette Sessions vice, and there were—ayes 229, noes 194, Bishop (GA) Gibson Miller (MI) Cuellar Latta Sewell Bishop (NY) Gonzalez Miller (NC) Culberson Lee (CA) Shimkus not voting 8, as follows: Blumenauer Green, Al Miller, George DeLauro Lewis (CA) Shuster [Roll No. 228] Bonamici Green, Gene Moore Boswell Grijalva Moran Denham Lewis (GA) Simpson AYES—229 DesJarlais Lofgren, Zoe Smith (NE) Brady (PA) Gutierrez Murphy (CT) Deutch Long Smith (TX) Adams Cole Grimm Braley (IA) Hahn Nadler Diaz-Balart Lowey Southerland Aderholt Conaway Guinta Brown (FL) Hanabusa Napolitano Dicks Lucas Stearns Akin Cravaack Guthrie Burgess Hartzler Neal Dreier Luetkemeyer Stivers Alexander Crawford Hall Butterfield Hastings (FL) Olver Duffy Lummis Stutzman Amash Crenshaw Hanna Capps Heinrich Owens Amodei Culberson Harper Capuano Higgins Pallone Duncan (TN) Lungren, Daniel Sutton Austria Davis (KY) Harris Cardoza Himes Pascrell Edwards E. Terry Barletta Denham Hastings (WA) Carnahan Hinchey Pastor (AZ) Ellmers Mack Thompson (CA) Barrow Dent Hayworth Carney Hinojosa Pelosi Emerson Manzullo Thompson (PA) Bartlett DesJarlais Heck Carson (IN) Hirono Perlmutter Marchant Engel Thornberry Barton (TX) Diaz-Balart Hensarling Castor (FL) Hochul Peters Marino Eshoo Tiberi Bass (NH) Dreier Herger Chaffetz Holden Pingree (ME) Farenthold Matsui Tipton Benishek Duffy Herrera Beutler Chu Holt Polis Fattah McCarthy (CA) Turner (NY) Berg Duncan (SC) Huelskamp Cicilline Honda Price (NC) Fincher McCaul Turner (OH) Bilbray Duncan (TN) Huizenga (MI) Clarke (MI) Hoyer Quigley Flake McClintock Van Hollen Bilirakis Ellmers Hultgren Clarke (NY) Israel Rahall Fleischmann McCotter Vela´ zquez Bishop (UT) Emerson Hunter Clay Issa Rangel Fleming McHenry Walberg Black Farenthold Hurt Cleaver Jackson (IL) Reyes Flores McKeon Walsh (IL) Blackburn Fincher Jenkins Clyburn Jackson Lee Richardson Forbes McMorris Walz (MN) Bonner Fitzpatrick Johnson (IL) Cohen (TX) Richmond Fortenberry Rodgers Wasserman Bono Mack Flake Johnson (OH) Connolly (VA) Johnson (GA) Rigell Foxx McNerney Schultz Boren Fleischmann Johnson, Sam Conyers Johnson, E. B. Rothman (NJ) Franks (AZ) Mica Waxman Boustany Fleming Jones Cooper Kaptur Roybal-Allard Frelinghuysen Miller (MI) Webster Brady (TX) Flores Jordan Costa Keating Ruppersberger Fudge Miller (NC) West Brooks Forbes Kelly Costello Kildee Rush Gallegly Miller, Gary Westmoreland Broun (GA) Franks (AZ) King (IA) Courtney Kind Ryan (OH) Gardner Moore Whitfield Buchanan Frelinghuysen King (NY) Critz Langevin Ryan (WI) Garrett Murphy (CT) Wilson (FL) Bucshon Gallegly Kingston Crowley Larsen (WA) Sa´ nchez, Linda Gibbs Murphy (PA) Wittman Buerkle Gardner Kinzinger (IL) Cuellar Larson (CT) T. Gingrey (GA) Napolitano Wolf Burton (IN) Garrett Kissell Cummings LaTourette Sanchez, Loretta Gohmert Neugebauer Womack Calvert Gerlach Kline Davis (CA) Lee (CA) Sarbanes Gonzalez Noem Woodall Camp Gibbs Labrador Davis (IL) Levin Schakowsky Gosar Nugent Yoder Campbell Gingrey (GA) Lamborn DeFazio Lewis (GA) Schiff Granger Nunes Young (AK) Canseco Gohmert Lance DeGette Lipinski Schrader Graves (GA) Nunnelee Young (IN) Cantor Goodlatte Landry DeLauro Loebsack Schwartz Capito Gosar Lankford Deutch Lofgren, Zoe Scott (VA) NOT VOTING—11 Carter Gowdy Latham Dicks Lowey Scott, David Cassidy Granger Latta Dingell Luja´ n Sensenbrenner Bachmann Filner Pelosi Chabot Graves (GA) Lewis (CA) Doggett Lungren, Daniel Serrano Bachus Garamendi Slaughter Chandler Graves (MO) LoBiondo Dold E. Sewell Cleaver Kucinich Sullivan Coble Griffin (AR) Long Doyle Lynch Sherman Donnelly (IN) Miller (FL) Coffman (CO) Griffith (VA) Lucas Edwards Maloney Sires

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6421 Smith (WA) Towns Waters Gerlach Lummis Rogers (AL) Miller, George Richmond Smith (WA) Speier Tsongas Watt Gibbs Lungren, Daniel Rogers (KY) Moore Rothman (NJ) Speier Stark Van Hollen Waxman Gibson E. Rogers (MI) Moran Roybal-Allard Stark Sutton Vela´ zquez Welch Gingrey (GA) Mack Rohrabacher Murphy (CT) Runyan Sutton Thompson (CA) Visclosky Wilson (FL) Gohmert Manzullo Rokita Nadler Ruppersberger Thompson (CA) Thompson (MS) Walz (MN) Woodall Goodlatte Marchant Rooney Napolitano Rush Thompson (MS) Tierney Wasserman Woolsey Gosar Marino Ros-Lehtinen Neal Ryan (OH) Tierney Tonko Schultz Yarmuth Gowdy Matheson Roskam Olver Sa´ nchez, Linda Tonko Granger McCarthy (CA) Ross (AR) Owens T. Towns NOT VOTING—8 Graves (GA) McCaul Ross (FL) Pallone Sanchez, Loretta Tsongas Bachmann Filner Schmidt Graves (MO) McClintock Royce Pascrell Sarbanes Van Hollen Bachus Kucinich Slaughter Griffin (AR) McHenry Ryan (WI) Pastor (AZ) Schakowsky Vela´ zquez Donnelly (IN) McCaul Griffith (VA) McIntyre Scalise Pelosi Schiff Visclosky Guinta McKeon Schweikert Perlmutter Schilling Walz (MN) ANNOUNCEMENT BY THE ACTING CHAIR Guthrie McMorris Scott (SC) Peters Schock Wasserman The Acting CHAIR (during the vote). Hall Rodgers Scott, Austin Peterson Schrader Schultz There is 1 minute remaining. Hanna Meehan Sensenbrenner Pingree (ME) Schwartz Waters Harper Mica Sessions Polis Scott (VA) Watt b 1836 Harris Miller (FL) Shimkus Price (NC) Scott, David Waxman Hastings (WA) Miller (MI) Shuler Quigley Serrano Welch So the amendment was agreed to. Hayworth Miller, Gary Shuster Rahall Sewell Wilson (FL) Heck Mulvaney Simpson Rangel Sherman Woolsey The result of the vote was announced Reyes Sires Yarmuth as above recorded. Hensarling Murphy (PA) Smith (NE) Herger Myrick Smith (TX) Richardson Smith (NJ) Young (AK) Stated for: Herrera Beutler Neugebauer Southerland NOT VOTING—7 Mrs. MILLER of Michigan. Mr. Chair, on roll- Huelskamp Noem Stearns call No. 228, I made an error voting. It was my Huizenga (MI) Nugent Stivers Bachmann Filner Slaughter Hultgren Nunes Stutzman Bachus Kucinich intention to vote ‘‘aye’’ on the Blackburn Hunter Nunnelee Sullivan Donnelly (IN) Schmidt Amendment. Had I been present, I would have Hurt Olson Terry ANNOUNCEMENT BY THE ACTING CHAIR voted ‘‘aye.’’ Issa Palazzo Thompson (PA) The Acting CHAIR (during the vote). Stated against: Jenkins Paul Thornberry Johnson (OH) Paulsen Tiberi There is 1 minute remaining. Mr. FILNER. Mr. Chair, on rollcall No. 228, Johnson, Sam Pearce Tipton I was away from the Capitol due to prior com- Jones Pence Turner (NY) b 1840 mitments to my constituents. Had I been Jordan Petri Turner (OH) Kelly Pitts Upton present, I would have voted ‘‘no.’’ Mr. SCHILLING changed his vote King (IA) Platts Walberg from ‘‘aye’’ to ‘‘no.’’ AMENDMENT NO. 38 OFFERED BY MR. DUNCAN OF King (NY) Poe (TX) Walden SOUTH CAROLINA Kingston Pompeo Walsh (IL) So the amendment was agreed to. Kinzinger (IL) Posey Webster The result of the vote was announced The Acting CHAIR. The unfinished Kline Price (GA) West as above recorded. business is the demand for a recorded Labrador Quayle Westmoreland Stated against: vote on the amendment offered by the Lamborn Reed Whitfield gentleman from South Carolina (Mr. Lance Rehberg Wilson (SC) Mr. FILNER. Mr. Chair, on rollcall 229, I was Landry Reichert Wittman away from the Capitol due to prior commit- DUNCAN) on which further proceedings Lankford Renacci Wolf ments to my constituents. Had I been present, were postponed and on which the ayes Latham Ribble Womack prevailed by voice vote. Latta Rigell Woodall I would have voted ‘‘no.’’ Lewis (CA) Rivera Yoder AMENDMENT OFFERED BY MR. GARRETT The Clerk will redesignate the Long Roby Young (FL) amendment. Lucas Roe (TN) Young (IN) The Acting CHAIR. The unfinished The Clerk redesignated the amend- business is the demand for a recorded ment. NOES—192 vote on the amendment offered by the AR RECORDED VOTE Ackerman Crowley Hoyer gentleman from New Jersey (Mr. G - Altmire Cummings Israel RETT) on which further proceedings The Acting CHAIR. A recorded vote Andrews Davis (CA) Jackson (IL) were postponed and on which the ayes has been demanded. Baca Davis (IL) Jackson Lee prevailed by voice vote. A recorded vote was ordered. Baldwin DeFazio (TX) Bass (CA) DeGette Johnson (GA) The Clerk will redesignate the The Acting CHAIR. This is a 2- Becerra DeLauro Johnson (IL) amendment. minute vote. Berkley Deutch Johnson, E. B. The Clerk redesignated the amend- The vote was taken by electronic de- Berman Dicks Kaptur ment. vice, and there were—ayes 232, noes 192, Bishop (GA) Dingell Keating Bishop (NY) Doggett Kildee RECORDED VOTE not voting 7, as follows: Blumenauer Doyle Kind [Roll No. 229] Bonamici Edwards Kissell The Acting CHAIR. A recorded vote Boswell Ellison Langevin has been demanded. AYES—232 Brady (PA) Engel Larsen (WA) A recorded vote was ordered. Adams Broun (GA) Denham Braley (IA) Eshoo Larson (CT) Aderholt Buchanan Dent Brown (FL) Farr LaTourette The Acting CHAIR. This is a 2- Akin Bucshon DesJarlais Butterfield Fattah Lee (CA) minute vote. Alexander Buerkle Diaz-Balart Capps Frank (MA) Levin The vote was taken by electronic de- Amash Burgess Dold Capuano Fudge Lewis (GA) vice, and there were—ayes 238, noes 185, Amodei Burton (IN) Dreier Cardoza Garamendi Lipinski Austria Calvert Duffy Carnahan Gonzalez LoBiondo not voting 8, as follows: Barletta Camp Duncan (SC) Carney Green, Al Loebsack [Roll No. 230] Barrow Campbell Duncan (TN) Carson (IN) Green, Gene Lofgren, Zoe Bartlett Canseco Ellmers Castor (FL) Grijalva Lowey AYES—238 Barton (TX) Cantor Emerson Chandler Grimm Luetkemeyer Adams Black Campbell Bass (NH) Capito Farenthold Chu Gutierrez Luja´ n Aderholt Blackburn Canseco Benishek Carter Fincher Cicilline Hahn Lynch Akin Bonner Cantor Berg Cassidy Fitzpatrick Clarke (MI) Hanabusa Maloney Alexander Bono Mack Capito Biggert Chabot Flake Clarke (NY) Hartzler Markey Amash Boren Carter Bilbray Chaffetz Fleischmann Clay Hastings (FL) Matsui Amodei Boustany Cassidy Bilirakis Coble Fleming Cleaver Heinrich McCarthy (NY) Austria Brady (TX) Chabot Bishop (UT) Coffman (CO) Flores Clyburn Higgins McCollum Barletta Brooks Chaffetz Black Cole Forbes Cohen Himes McCotter Bartlett Broun (GA) Coble Blackburn Conaway Fortenberry Connolly (VA) Hinchey McDermott Barton (TX) Buchanan Coffman (CO) Bonner Cravaack Foxx Conyers Hinojosa McGovern Bass (NH) Bucshon Cole Bono Mack Crawford Franks (AZ) Cooper Hirono McKinley Benishek Buerkle Conaway Boren Crenshaw Frelinghuysen Costa Hochul McNerney Berg Burgess Cravaack Boustany Cuellar Gallegly Costello Holden Meeks Bilbray Burton (IN) Crawford Brady (TX) Culberson Gardner Courtney Holt Michaud Bilirakis Calvert Crenshaw Brooks Davis (KY) Garrett Critz Honda Miller (NC) Bishop (UT) Camp Cuellar

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6422 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 Culberson Jordan Rehberg Jackson Lee Miller (NC) Sarbanes Buchanan Heck Pitts Davis (KY) Kelly Reichert (TX) Miller, George Schakowsky Bucshon Hensarling Platts Denham King (IA) Renacci Johnson (GA) Moore Schiff Buerkle Herger Poe (TX) Dent King (NY) Ribble Johnson, E. B. Moran Schrader Burgess Herrera Beutler Pompeo DesJarlais Kingston Rigell Jones Murphy (CT) Schwartz Burton (IN) Huelskamp Posey Diaz-Balart Kinzinger (IL) Rivera Kaptur Nadler Scott (VA) Calvert Huizenga (MI) Price (GA) Dreier Kissell Roby Keating Napolitano Scott, David Camp Hultgren Quayle Duffy Kline Roe (TN) Kildee Neal Serrano Campbell Hunter Reed Duncan (SC) Labrador Rogers (AL) Kind Olver Sewell Canseco Hurt Rehberg Duncan (TN) Lamborn Rogers (KY) Langevin Owens Sherman Cantor Issa Reichert Ellmers Lance Rogers (MI) Larsen (WA) Pallone Sires Capito Jenkins Renacci Emerson Landry Rohrabacher Larson (CT) Pascrell Smith (WA) Carter Johnson (IL) Ribble Farenthold Lankford Rokita Lee (CA) Pastor (AZ) Speier Cassidy Johnson (OH) Rivera Fincher Latham Rooney Levin Pelosi Stark Chabot Johnson, Sam Roby Fitzpatrick LaTourette Ros-Lehtinen Lewis (GA) Perlmutter Sutton Chaffetz Jones Roe (TN) Flake Latta Roskam Lipinski Peters Thompson (CA) Coble Jordan Rogers (AL) Fleischmann Lewis (CA) Ross (AR) Loebsack Peterson Thompson (MS) Coffman (CO) Kelly Rogers (KY) Fleming LoBiondo Ross (FL) Lofgren, Zoe Pingree (ME) Tierney Cole King (IA) Rogers (MI) Flores Long Royce Lowey Polis Tonko Conaway King (NY) Rohrabacher Forbes Lucas Runyan Luja´ n Price (NC) Towns Cravaack Kingston Rokita Fortenberry Luetkemeyer Ryan (WI) Lynch Quigley Tsongas Crawford Kinzinger (IL) Rooney Foxx Lummis Scalise Maloney Rahall Van Hollen Crenshaw Kline Ros-Lehtinen Franks (AZ) Lungren, Daniel Schilling Markey Rangel Vela´ zquez Culberson Labrador Roskam Frelinghuysen E. Schock Matheson Reyes Visclosky Davis (KY) Lamborn Ross (FL) Gallegly Mack Schweikert Matsui Richardson Walz (MN) Denham Lance Royce Gardner Manzullo Scott (SC) McCarthy (NY) Richmond Wasserman Dent Landry Runyan Garrett Marchant Scott, Austin McCollum Rothman (NJ) Schultz DesJarlais Lankford Ryan (WI) Gerlach Marino Sensenbrenner McDermott Roybal-Allard Waters Diaz-Balart Latham Scalise Gibbs McCarthy (CA) Sessions McGovern Ruppersberger Watt Dold LaTourette Schilling Gibson McCaul Shimkus McIntyre Rush Waxman Dreier Latta Schock Gingrey (GA) McClintock Shuler McNerney Ryan (OH) Welch Duffy Lewis (CA) Schweikert ´ Gohmert McCotter Shuster Meehan Sanchez, Linda Wilson (FL) Duncan (SC) LoBiondo Scott (SC) Goodlatte McHenry Simpson Meeks T. Woolsey Duncan (TN) Long Scott, Austin Gosar McKeon Smith (NE) Michaud Sanchez, Loretta Yarmuth Ellmers Lucas Sensenbrenner Gowdy McKinley Smith (NJ) NOT VOTING—8 Emerson Luetkemeyer Sessions Granger McMorris Smith (TX) Farenthold Lummis Shimkus Graves (GA) Rodgers Southerland Bachmann Filner Slaughter Fincher Lungren, Daniel Shuster Graves (MO) Mica Stearns Bachus Kucinich Sullivan Fitzpatrick E. Simpson Griffin (AR) Miller (FL) Stivers Donnelly (IN) Schmidt Flake Mack Smith (NE) Griffith (VA) Miller (MI) Stutzman Fleischmann Manzullo Smith (NJ) ANNOUNCEMENT BY THE ACTING CHAIR Grimm Miller, Gary Terry Fleming Marchant Smith (TX) Guinta Mulvaney Thompson (PA) The Acting CHAIR (during the vote). Flores Marino Southerland Guthrie Murphy (PA) Thornberry There is 1 minute remaining. Fortenberry McCarthy (CA) Stearns Hall Myrick Tiberi Foxx McCaul Stivers Hanna Neugebauer Tipton Franks (AZ) McClintock Stutzman Harper Noem Turner (NY) b 1844 Frelinghuysen McCotter Sullivan Harris Nugent Turner (OH) Gallegly McHenry Terry Hartzler Nunes Upton So the amendment was agreed to. Gardner McKeon Thompson (PA) Hastings (WA) Nunnelee Walberg The result of the vote was announced Garrett McKinley Thornberry Hayworth Olson Walden as above recorded. Gerlach McMorris Tiberi Heck Palazzo Walsh (IL) Gibbs Rodgers Tipton Hensarling Paul Webster Stated against: Gingrey (GA) Mica Turner (NY) Herger Paulsen West Mr. FILNER. Mr. Chair, on rollcall 230, I was Gohmert Miller (FL) Turner (OH) Herrera Beutler Pearce Westmoreland away from the Capitol due to prior commit- Goodlatte Miller (MI) Upton Huelskamp Pence Whitfield Gosar Miller, Gary Walberg Huizenga (MI) Petri Wilson (SC) ments to my constituents. Had I been present, Gowdy Mulvaney Walden Hultgren Pitts Wittman I would have voted ‘‘no.’’ Granger Murphy (PA) Walsh (IL) Hunter Platts Wolf AMENDMENT OFFERED BY MR. SCHWEIKERT Graves (GA) Myrick Webster Hurt Poe (TX) Womack Graves (MO) Neugebauer West Issa Pompeo Woodall The Acting CHAIR. The unfinished Griffin (AR) Noem Westmoreland Jenkins Posey Yoder business is the demand for a recorded Griffith (VA) Nugent Whitfield Johnson (IL) Price (GA) Young (AK) vote on the amendment offered by the Grimm Nunes Wilson (SC) Johnson (OH) Quayle Young (FL) gentleman from Arizona (Mr. Guinta Nunnelee Wittman Johnson, Sam Reed Young (IN) Guthrie Olson Wolf SCHWEIKERT) on which further pro- Hall Palazzo Womack NOES—185 ceedings were postponed and on which Hanna Paul Woodall the ayes prevailed by voice vote. Harper Paulsen Yoder Ackerman Cicilline Engel Harris Pearce Young (AK) Altmire Clarke (MI) Eshoo The Clerk will redesignate the Hartzler Pence Young (FL) Andrews Clarke (NY) Farr amendment. Hastings (WA) Petri Young (IN) Baca Clay Fattah The Clerk redesignated the amend- Baldwin Cleaver Frank (MA) NOES—190 Barrow Clyburn Fudge ment. Bass (CA) Cohen Garamendi RECORDED VOTE Ackerman Cardoza Cummings Becerra Connolly (VA) Amash Carnahan Davis (CA) Gonzalez The Acting CHAIR. A recorded vote Berkley Conyers Green, Al Andrews Carney Davis (IL) Berman Cooper Green, Gene has been demanded. Baca Carson (IN) DeFazio Biggert Costa Baldwin Castor (FL) DeGette Grijalva A recorded vote was ordered. Bishop (GA) Costello Barrow Chandler DeLauro Gutierrez Bishop (NY) Courtney The Acting CHAIR. This is a 2- Bass (CA) Chu Deutch Hahn Blumenauer Critz minute vote. Becerra Cicilline Dicks Hanabusa Bonamici Crowley Berkley Clarke (MI) Dingell Hastings (FL) The vote was taken by electronic de- Boswell Cummings vice, and there were—ayes 232, noes 190, Berman Clarke (NY) Doggett Brady (PA) Davis (CA) Heinrich Biggert Clay Doyle Braley (IA) Davis (IL) Higgins not voting 9, as follows: Bishop (GA) Cleaver Edwards Brown (FL) DeFazio Himes [Roll No. 231] Bishop (NY) Clyburn Ellison Butterfield DeGette Hinchey Blumenauer Cohen Engel Capps DeLauro Hinojosa AYES—232 Bonamici Connolly (VA) Eshoo Capuano Deutch Hirono Adams Bartlett Black Boren Conyers Farr Cardoza Dicks Hochul Aderholt Barton (TX) Blackburn Boswell Cooper Fattah Carnahan Dingell Holden Akin Bass (NH) Bonner Brady (PA) Costa Forbes Carney Doggett Holt Alexander Benishek Bono Mack Braley (IA) Costello Frank (MA) Carson (IN) Dold Honda Altmire Berg Boustany Brown (FL) Courtney Fudge Castor (FL) Doyle Hoyer Amodei Bilbray Brady (TX) Butterfield Critz Garamendi Chandler Edwards Israel Austria Bilirakis Brooks Capps Crowley Gibson Chu Ellison Jackson (IL) Barletta Bishop (UT) Broun (GA) Capuano Cuellar Gonzalez

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6423 Green, Al Maloney Ruppersberger [Roll No. 232] Cohen Jackson (IL) Quigley Green, Gene Markey Rush Connolly (VA) Jackson Lee Rahall Grijalva Matheson Ryan (OH) AYES—232 Conyers (TX) Rangel Gutierrez Matsui Cooper Johnson (GA) Sa´ nchez, Linda Adams Granger Nunes Reyes Hahn McCarthy (NY) Costa Johnson, E. B. T. Aderholt Graves (GA) Nunnelee Richardson Hanabusa McCollum Costello Kaptur Sanchez, Loretta Akin Graves (MO) Olson Richmond Hastings (FL) McDermott Courtney Keating Sarbanes Alexander Green, Gene Palazzo Ross (AR) Hayworth McGovern Critz Kildee Schakowsky Amash Griffin (AR) Paul Rothman (NJ) Heinrich McIntyre Crowley Kind Schiff Amodei Griffith (VA) Paulsen Roybal-Allard Higgins McNerney Cuellar Langevin Schrader Austria Grimm Pearce Ruppersberger Himes Meehan Cummings Larsen (WA) Schwartz Barletta Guinta Pence Rush Hinchey Meeks Davis (CA) Larson (CT) Scott (VA) Bartlett Guthrie Petri Ryan (OH) Hinojosa Michaud Davis (IL) Lee (CA) Barton (TX) Hall Pitts Sa´ nchez, Linda Hirono Miller, George Scott, David DeFazio Levin Bass (NH) Hanna Platts T. Hochul Moore Serrano DeGette Lewis (GA) Benishek Harper Poe (TX) Sanchez, Loretta Holden Moran Sewell DeLauro Lipinski Berg Harris Pompeo Holt Murphy (CT) Sherman Dent Loebsack Sarbanes Bilirakis Hartzler Posey Honda Nadler Shuler Deutch Lofgren, Zoe Schakowsky Bishop (UT) Hastings (WA) Price (GA) Hoyer Napolitano Sires Dicks Lowey Schiff Black Heck Quayle Israel Neal Smith (WA) Dingell Luja´ n Schrader Blackburn Hensarling Reed Jackson (IL) Olver Doggett Lynch Schwartz Speier Bonner Herger Rehberg Jackson Lee Owens Dold Maloney Scott (VA) Stark Bono Mack Herrera Beutler Reichert (TX) Pallone Doyle Markey Scott, David Sutton Boren Hochul Renacci Johnson (GA) Pascrell Edwards Matheson Serrano Thompson (CA) Boustany Huelskamp Ribble Johnson, E. B. Pastor (AZ) Ellison Matsui Sewell Thompson (MS) Brady (TX) Huizenga (MI) Rigell Kaptur Pelosi Engel McCarthy (NY) Sherman Tierney Brooks Hultgren Rivera Keating Perlmutter Eshoo McCollum Tonko Broun (GA) Hunter Roby Shuler Kildee Peters Farr McDermott Towns Buchanan Hurt Roe (TN) Sires Kind Peterson Fattah McGovern Tsongas Bucshon Issa Rogers (AL) Smith (WA) Kissell Pingree (ME) Frank (MA) McHenry Van Hollen Buerkle Jenkins Rogers (KY) Speier Langevin Polis Fudge McIntyre ´ Burgess Johnson (IL) Rogers (MI) Stark Larsen (WA) Price (NC) Velazquez Garamendi McNerney Burton (IN) Johnson (OH) Rohrabacher Sutton Larson (CT) Quigley Visclosky Gerlach Meeks Calvert Johnson, Sam Rokita Thompson (CA) Lee (CA) Rahall Walz (MN) Gibson Michaud Camp Jones Rooney Thompson (MS) Levin Rangel Wasserman Gonzalez Miller (NC) Campbell Jordan Ros-Lehtinen Thompson (PA) Lewis (GA) Reyes Schultz Green, Al Miller, George Canseco Kelly Roskam Tierney Lipinski Richardson Waters Grijalva Moore Cantor King (IA) Ross (FL) Tonko Loebsack Richmond Watt Gutierrez Moran Capito King (NY) Royce Towns Lofgren, Zoe Rigell Waxman Hahn Murphy (CT) Carter Kingston Runyan Tsongas Lowey Ross (AR) Wilson (FL) Hanabusa Nadler Cassidy Kinzinger (IL) Ryan (WI) Luja´ n Rothman (NJ) Woolsey Hastings (FL) Napolitano Turner (OH) Chabot Kissell Scalise Lynch Roybal-Allard Yarmuth Hayworth Neal Van Hollen Chaffetz Kline Schilling ´ Heinrich Owens Velazquez Coble Labrador Schock NOT VOTING—9 Higgins Pallone Visclosky Coffman (CO) Lamborn Schweikert Himes Pascrell Walz (MN) Bachmann Filner Schmidt Cole Lance Scott (SC) Hinchey Pastor (AZ) Wasserman Bachus Kucinich Slaughter Conaway Landry Scott, Austin Hinojosa Pelosi Schultz Donnelly (IN) Miller (NC) Welch Cravaack Lankford Sensenbrenner Hirono Perlmutter Waters Crawford Latham Sessions Holden Peters Watt ANNOUNCEMENT BY THE ACTING CHAIR Crenshaw LaTourette Shimkus Holt Peterson Waxman Culberson Latta Shuster The Acting CHAIR (during the vote). Honda Pingree (ME) Wilson (FL) Davis (KY) Lewis (CA) Simpson Hoyer Polis Woolsey There is 1 minute remaining. Denham LoBiondo Smith (NE) Israel Price (NC) Yarmuth DesJarlais Long Smith (NJ) Diaz-Balart Lucas Smith (TX) NOT VOTING—9 b 1847 Dreier Luetkemeyer Southerland Duffy Lummis Stearns Bachmann Filner Schmidt So the amendment was agreed to. Duncan (SC) Lungren, Daniel Stivers Bachus Kucinich Slaughter The result of the vote was announced Duncan (TN) E. Stutzman Donnelly (IN) Olver Welch as above recorded. Ellmers Mack Sullivan ANNOUNCEMENT BY THE ACTING CHAIR Emerson Manzullo Terry Stated against: Farenthold Marchant Thornberry The Acting CHAIR (during the vote). Mr. FILNER. Mr. Chair, on rollcall 231, I was Fincher Marino Tiberi There is 1 minute remaining. Fitzpatrick McCarthy (CA) Tipton away from the Capitol due to prior commit- Flake McCaul Turner (NY) b 1850 ments to my constituents. Had I been present, Fleischmann McClintock Upton So the amendment was agreed to. I would have voted ‘‘no.’’ Fleming McCotter Walberg Flores McKeon Walden The result of the vote was announced AMENDMENT NO. 46 OFFERED BY MR. WEBSTER Forbes McKinley Walsh (IL) as above recorded. The Acting CHAIR. The unfinished Fortenberry McMorris Webster Stated against: Foxx Rodgers West business is the demand for a recorded Franks (AZ) Meehan Westmoreland Mr. FILNER. Mr. Chair, on rollcall 232, I was vote on the amendment offered by the Frelinghuysen Mica Whitfield away from the Capitol due to prior commit- gentleman from Florida (Mr. WEBSTER) Gallegly Miller (FL) Wilson (SC) ments to my constituents. Had I been present, Gardner Miller (MI) Wittman on which further proceedings were Garrett Miller, Gary Wolf I would have voted ‘‘no.’’ postponed and on which the ayes pre- Gibbs Mulvaney Womack AMENDMENT OFFERED BY MR. FLORES vailed by voice vote. Gingrey (GA) Murphy (PA) Woodall The Acting CHAIR. The unfinished Gohmert Myrick Yoder The Clerk will redesignate the Goodlatte Neugebauer Young (AK) business is the demand for a recorded amendment. Gosar Noem Young (FL) vote on the first amendment offered by The Clerk redesignated the amend- Gowdy Nugent Young (IN) the gentleman from Texas (Mr. FLO- RES) on which further proceedings were ment. NOES—190 postponed and on which the noes pre- RECORDED VOTE Ackerman Bishop (GA) Carnahan vailed by voice vote. The Acting CHAIR. A recorded vote Altmire Bishop (NY) Carney Andrews Blumenauer Carson (IN) The Clerk will redesignate the has been demanded. Baca Bonamici Castor (FL) amendment. A recorded vote was ordered. Baldwin Boswell Chandler The Clerk redesignated the amend- Barrow Brady (PA) Chu The Acting CHAIR. This is a 2- Bass (CA) Braley (IA) Cicilline ment. minute vote. Becerra Brown (FL) Clarke (MI) RECORDED VOTE The vote was taken by electronic de- Berkley Butterfield Clarke (NY) The Acting CHAIR. A recorded vote Berman Capps Clay vice, and there were—ayes 232, noes 190, Biggert Capuano Cleaver has been demanded. not voting 9, as follows: Bilbray Cardoza Clyburn A recorded vote was ordered.

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6424 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 The Acting CHAIR. This is a 2- NOES—173 The Clerk redesignated the amend- minute vote. Ackerman Green, Al Olver ment. Andrews Grijalva Owens RECORDED VOTE The vote was taken by electronic de- Baca Guthrie Pallone vice, and there were—ayes 250, noes 173, Baldwin Gutierrez Pascrell The Acting CHAIR. A recorded vote not voting 8, as follows: Bass (CA) Hahn Pastor (AZ) has been demanded. Becerra Hanabusa Pelosi A recorded vote was ordered. [Roll No. 233] Berkley Hastings (FL) Perlmutter Berman Heinrich Peters The Acting CHAIR. This is a 2- AYES—250 Bilbray Higgins Peterson minute vote. Bishop (GA) Himes Pingree (ME) The vote was taken by electronic de- Adams Gibson Nugent Bishop (NY) Hinchey Polis vice, and there were—ayes 246, noes 174, Aderholt Gingrey (GA) Nunes Blumenauer Hinojosa Price (NC) Akin Gohmert Nunnelee Bonamici Hirono Quigley not voting 11, as follows: Alexander Goodlatte Olson Boswell Hochul Rangel Altmire Gosar Palazzo [Roll No. 234] Brady (PA) Holt Reyes Amash Gowdy Paul Braley (IA) Honda Richardson AYES—246 Amodei Granger Paulsen Brown (FL) Hoyer Richmond Adams Gibson Miller (MI) Austria Graves (GA) Pearce Butterfield Israel Rothman (NJ) Aderholt Gingrey (GA) Miller, Gary Barletta Graves (MO) Pence Capps Jackson (IL) Roybal-Allard Akin Gohmert Mulvaney Barrow Green, Gene Petri Capuano Jackson Lee Ruppersberger Alexander Goodlatte Murphy (PA) Bartlett Griffin (AR) Pitts Cardoza (TX) Rush Altmire Gosar Myrick Barton (TX) Griffith (VA) Platts Carnahan Johnson (GA) Sa´ nchez, Linda Amash Gowdy Neugebauer Bass (NH) Grimm Poe (TX) Carney Johnson (IL) T. Amodei Granger Noem Benishek Guinta Pompeo Carson (IN) Johnson, E. B. Sanchez, Loretta Austria Graves (GA) Nugent Berg Hall Posey Castor (FL) Kaptur Sarbanes Barletta Graves (MO) Nunes Biggert Hanna Price (GA) Chu Keating Schakowsky Barrow Green, Al Nunnelee Cicilline Kildee Bilirakis Harper Quayle Bartlett Green, Gene Olson Clarke (MI) Kind Schiff Bishop (UT) Harris Rahall Barton (TX) Griffin (AR) Owens Clarke (NY) Langevin Schrader Black Hartzler Reed Benishek Griffith (VA) Palazzo Clay Larsen (WA) Schwartz Blackburn Hastings (WA) Rehberg Berg Grimm Paul Cleaver Larson (CT) Scott (VA) Bonner Hayworth Reichert Bilbray Guinta Paulsen Clyburn Lee (CA) Scott, David Bono Mack Heck Renacci Bilirakis Guthrie Pearce Cohen Levin Serrano Boren Hensarling Ribble Bishop (NY) Hall Pence Connolly (VA) Lewis (GA) Sewell Boustany Herger Rigell Black Hanna Peterson Conyers Lipinski Sherman Brady (TX) Herrera Beutler Rivera Blackburn Harper Petri Cooper Loebsack Shuler Brooks Holden Roby Bonner Harris Pitts Costa Lofgren, Zoe Sires Broun (GA) Huelskamp Roe (TN) Bono Mack Hartzler Platts Courtney Lowey Smith (WA) Buchanan Huizenga (MI) Rogers (AL) Boren Hastings (WA) Poe (TX) Crowley Luja´ n Speier Bucshon Hultgren Rogers (KY) Boustany Heck Pompeo Cummings Lynch Stark Buerkle Hunter Rogers (MI) Brady (TX) Hensarling Posey Davis (CA) Maloney Sutton Burgess Hurt Rohrabacher Brooks Herger Price (GA) Davis (IL) Markey Thompson (CA) Burton (IN) Issa Rokita Broun (GA) Herrera Beutler Quayle DeFazio Matsui Thompson (MS) Calvert Jenkins Rooney Buchanan Hochul Rahall DeGette McCarthy (NY) Tierney Camp Johnson (OH) Ros-Lehtinen Bucshon Holden Reed DeLauro McCollum Tonko Campbell Johnson, Sam Roskam Buerkle Huelskamp Rehberg Deutch McDermott Towns Canseco Jones Ross (AR) Burgess Huizenga (MI) Reichert Dicks McGovern Tsongas Cantor Jordan Ross (FL) Burton (IN) Hultgren Renacci Dingell McIntyre Van Hollen Capito Kelly Royce Calvert Hunter Ribble Doggett McNerney Vela´ zquez Carter King (IA) Runyan Camp Hurt Rigell Edwards Meeks Visclosky Cassidy King (NY) Ryan (OH) Campbell Issa Rivera Ellison Michaud Walz (MN) Chabot Kingston Ryan (WI) Canseco Jenkins Roby Engel Miller (NC) Wasserman Chaffetz Kinzinger (IL) Scalise Cantor Johnson (IL) Roe (TN) Eshoo Miller, George Schultz Chandler Kissell Schilling Capito Johnson (OH) Rogers (AL) Farr Moore Waters Coble Kline Schock Carter Johnson, Sam Rogers (KY) Fattah Moran Watt Coffman (CO) Labrador Schweikert Cassidy Jordan Rogers (MI) Frank (MA) Murphy (CT) Waxman Cole Lamborn Scott (SC) Chabot Kelly Rohrabacher Fudge Nadler Wilson (FL) Conaway Lance Scott, Austin Chaffetz King (IA) Rokita Garamendi Napolitano Woolsey Costello Landry Sensenbrenner Coble King (NY) Rooney Gonzalez Neal Yarmuth Cravaack Lankford Sessions Coffman (CO) Kingston Ros-Lehtinen Crawford Latham Shimkus NOT VOTING—8 Cole Kinzinger (IL) Roskam Crenshaw LaTourette Shuster Conaway Kissell Ross (AR) Critz Latta Simpson Bachmann Filner Slaughter Cravaack Kline Ross (FL) Cuellar Lewis (CA) Smith (NE) Bachus Kucinich Welch Crawford Labrador Royce Culberson LoBiondo Smith (NJ) Donnelly (IN) Schmidt Crenshaw Lamborn Runyan Davis (KY) Long Smith (TX) Critz Lance Ryan (WI) ANNOUNCEMENT BY THE ACTING CHAIR Denham Lucas Southerland Cuellar Landry Scalise Dent Luetkemeyer Stearns The Acting CHAIR (during the vote). Culberson Lankford Schilling DesJarlais Lummis Stivers There is 1 minute remaining. Davis (KY) Latham Schock Diaz-Balart Lungren, Daniel Stutzman Denham Latta Schweikert Dold E. Sullivan b 1854 Dent Lewis (CA) Scott (SC) Doyle Mack Terry DesJarlais LoBiondo Scott, Austin Dreier Manzullo Thompson (PA) So the amendment was agreed to. Diaz-Balart Long Sensenbrenner Duffy Marchant Thornberry The result of the vote was announced Dreier Lucas Sessions Duncan (SC) Marino Tiberi as above recorded. Duffy Luetkemeyer Shimkus Duncan (TN) Matheson Tipton Duncan (SC) Lummis Shuler Ellmers McCarthy (CA) Turner (NY) Stated against: Duncan (TN) Lungren, Daniel Shuster Emerson McCaul Turner (OH) Mr. FILNER. Mr. Chair, on rollcall 233, I was Ellmers E. Simpson Farenthold McClintock Upton away from the Capitol due to prior commit- Emerson Mack Smith (NE) Fincher McCotter Walberg Farenthold Manzullo Smith (NJ) Fitzpatrick McHenry Walden ments to my constituents. Had I been present, Fincher Marchant Smith (TX) Flake McKeon Walsh (IL) I would have voted ‘‘no.’’ Flake Marino Southerland Fleischmann McKinley Webster AMENDMENT OFFERED BY MR. FLORES Fleischmann Matheson Stivers Fleming McMorris West Fleming McCarthy (CA) Stutzman Flores Rodgers Westmoreland The Acting CHAIR. The unfinished Flores McCaul Sullivan Forbes Meehan Whitfield business is the demand for a recorded Forbes McClintock Terry Fortenberry Mica Wilson (SC) vote on the second amendment offered Fortenberry McCotter Thompson (PA) Foxx Miller (FL) Wittman Foxx McHenry Thornberry Franks (AZ) Miller (MI) Wolf by the gentleman from Texas (Mr. FLO- Franks (AZ) McKeon Tiberi Frelinghuysen Miller, Gary Womack RES) on which further proceedings were Frelinghuysen McKinley Tipton Gallegly Mulvaney Woodall postponed and on which the noes pre- Gallegly McMorris Turner (NY) Gardner Murphy (PA) Yoder vailed by voice vote. Gardner Rodgers Turner (OH) Garrett Myrick Young (AK) Garrett Meehan Upton Gerlach Neugebauer Young (FL) The Clerk will redesignate the Gerlach Mica Walberg Gibbs Noem Young (IN) amendment. Gibbs Miller (FL) Walden

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Walsh (IL) Wilson (SC) Yoder The Acting CHAIR (Mr. BASS of New Mr. Chairman, thank you for this op- Webster Wittman Young (AK) Hampshire). The gentleman from Colo- portunity to discuss one of my top pri- West Wolf Young (FL) Westmoreland Womack Young (IN) rado is recognized for 5 minutes. orities with you today: NOAA’s Com- Whitfield Woodall Mr. POLIS. I rise today for the pur- prehensive Large-Data Array Steward- NOES—174 pose of engaging in a colloquy about ship program, otherwise known as the importance of computer science in CLASS. This program has been funded Ackerman Fitzpatrick Murphy (CT) Andrews Frank (MA) Nadler a balanced program of science, tech- at the same base level of $6.5 million Baca Fudge Neal nology, education, and math. I thank for each of the past 10 years, despite an Baldwin Garamendi Olver the chairman for including extensive increase in their mission. Bass (CA) Gonzalez Pallone language in the committee report on This is NOAA’s enterprise system for Bass (NH) Grijalva Pascrell Becerra Gutierrez Pastor (AZ) STEM education, but I would like to handling all of its environmental data Berkley Hahn Pelosi highlight today some specific needs in critical for weather predictions. Sim- Berman Hanabusa Perlmutter the critical area of computer science. ply put, CLASS therefore must rely on Biggert Hastings (FL) Peters More than 1.5 million high-wage com- Bishop (GA) Hayworth Pingree (ME) programs within the satellite program Blumenauer Heinrich Polis puting jobs will be created by 2018—the to overcome their $24 million funding Bonamici Higgins Price (NC) largest growth area across science, shortfall. We should be creating cer- Boswell Himes Quigley technology, engineering, and math. Yet tainty, Mr. Chairman, for the NOAA Brady (PA) Hinchey Rangel few computer science classes are avail- Braley (IA) Hinojosa Reyes CLASS program, instead of expecting Brown (FL) Hirono Richardson able to students; and when they’re of- them to rely on these other satellite Butterfield Holt Richmond fered, they’re typically only electives. programs to transfer funds for their Capps Honda Rothman (NJ) Many States don’t have proper teacher own budget to CLASS. Capuano Hoyer Roybal-Allard certification programs for K–12 com- Cardoza Israel Ruppersberger Under last year’s budget, CLASS fell Carnahan Jackson (IL) Rush puter science and don’t clearly connect short of the necessary funding to sus- Carney Jackson Lee Ryan (OH) the certification to content. In recent tain core mission values. Mission fail- Carson (IN) (TX) Sa´ nchez, Linda years, the number of computer science ure of CLASS will continue if we don’t Castor (FL) Johnson (GA) T. bachelor degrees in the U.S. actually Chandler Johnson, E. B. Sanchez, Loretta provide CLASS with funding certainty Chu Jones Sarbanes fell from 60,000 to 38,000, even as com- this year and not depend on transfers Cicilline Kaptur Schakowsky puter science breakthroughs are trans- from other satellite programs. Clarke (MI) Keating Schiff forming our economy. Mr. Chairman, I ask that the Appro- Clarke (NY) Kildee Schrader I have legislation—the Computer Clay Kind Schwartz priations Committee consider the im- Cleaver Langevin Scott (VA) Science Education Act—that focuses portance of the CLASS mission in con- Clyburn Larsen (WA) Scott, David on this issue, but there are other steps ference, and encourage the chairman to Cohen Larson (CT) Serrano as well. First, I believe it’s important adequately fund their mission—a mis- Connolly (VA) LaTourette Sewell that Federal STEM education pro- Conyers Lee (CA) Sherman sion defined as a level of funding equal Cooper Levin Sires grams explicitly incorporate the broad to last year and no job losses. Costa Lewis (GA) Smith (WA) definition of science, technology, engi- Mr. WOLF. Will the gentleman yield? Costello Lipinski Speier neering, and math reported by the Mr. MCKINLEY. I yield to the gen- Courtney Loebsack Stark President’s Council of Advisors on Crowley Lofgren, Zoe Stearns tleman from Virginia. Cummings Lowey Sutton Science and Technology. This defini- Mr. WOLF. I want to thank the gen- Davis (CA) Luja´ n Thompson (CA) tion helps make sure that STEM is suf- tleman for speaking on this issue. Davis (IL) Lynch Thompson (MS) ficiently interpreted and not too nar- Funding the weather satellites is a DeFazio Maloney Tierney rowly to cover just math. Second, to DeGette Markey Tonko very high priority in this bill, as well DeLauro Matsui Towns ensure that there’s a comprehensive as the data systems used to store and Deutch McCarthy (NY) Tsongas pipeline for science from K–12 all the process data from the satellites. We Dicks McCollum Van Hollen way through to the workforce, it’s es- will work with you and also our other Dingell McDermott Vela´ zquez sential that NSF and other Agencies Doggett McGovern Visclosky colleagues in the body to ensure that Dold McIntyre Walz (MN) identify our Nation’s highest STEM-re- the CLASS program is adequately Doyle McNerney Wasserman lated workforce needs and use that in- funded. Edwards Meeks Schultz formation to prioritize STEM-related Mr. MCKINLEY. Thank you, Mr. Ellison Michaud Waters subjects in our schools. Engel Miller (NC) Watt Chairman. I look forward to working Eshoo Miller, George Waxman I very much look forward to working with you on this matter. Farr Moore Woolsey with the chairman to address these I yield back the balance of my time. Fattah Moran Yarmuth issues as this bill continues to move AMENDMENT OFFERED BY MR. LANDRY NOT VOTING—11 forward through the appropriations Mr. LANDRY. I have an amendment Bachmann Filner Slaughter process. I’m grateful to the chair for at the desk. Bachus Kucinich Welch this conversation and his perspectives The Acting CHAIR. The Clerk will re- Bishop (UT) Napolitano Wilson (FL) on all these critical issues, and I yield port the amendment. Donnelly (IN) Schmidt to the gentleman from Virginia. The Clerk read as follows: ANNOUNCEMENT BY THE ACTING CHAIR Mr. WOLF. I thank the gentleman for At the end of the bill (before the short The Acting CHAIR (during the vote). his comments and for his active sup- title), insert the following: There is 1 minute remaining. port of STEM education in all forms. SEC. ll. None of the funds made available We’ll be happy to work with the gen- by this Act may be used to implement a pro- tleman as we move forward to ensure posed rule for turtle excluder devices as de- b 1857 that NSF and other Agencies in this scribed in the Southeast Fishery Bulletin So the amendment was agreed to. bill are getting the most appropriate published by the National Oceanic and At- The result of the vote was announced direction on STEM education needs mospheric Administration on May 8, 2012. as above recorded. and priorities. The Acting CHAIR. The gentleman Stated against: Mr. POLIS. I thank the gentleman. from Louisiana is recognized for 5 min- Mr. FILNER. Mr. Chair, on rollcall 234, I was I yield back the balance of my time. utes. Mr. LANDRY. Thank you, Mr. Chair- away from the Capitol due to prior commit- Mr. MCKINLEY. I move to strike the man. ments to my constituents. Had I been present, last word. NOAA and the fishing industry have I would have voted ‘‘no.’’ The Acting CHAIR. The gentleman from West Virginia is recognized for 5 had a long history of working together. minutes. Since the 1990s, NOAA has worked with b 1900 Mr. MCKINLEY. Mr. Chairman, I rise the fishing industry to develop a regu- Mr. POLIS. Mr. Chair, I move to for the purpose of a colloquy with the latory system that provides meaning- strike the last word. chairman. ful protection to turtles, while at the

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6426 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 same time not economically harming The Acting CHAIR. Pursuant to This amendment simply says that our fishermen. Under the system, fish- clause 6 of rule XVIII, further pro- the law, the money in the asset for- ermen had agreed that they would peri- ceedings on the amendment offered by feiture fund should only be used for odically remove their nets from the the gentleman from Louisiana will be those express purposes as defined in water, allowing any turtles trapped in postponed. statute, making sure that these abuses the net to escape. By offering to do so, AMENDMENT NO. 32 OFFERED BY MR. GARDNER do not continue and making sure that they would not have to use the turtle Mr. GARDNER. Mr. Chairman, I have this Congress steps up its role in over- exclusion devices. an amendment at the desk. sight when it comes to funds of the Now NOAA intends to regulate these The Acting CHAIR. The Clerk will United States. shrimpers and force them to use TEDs. designate the amendment. With that, I ask for a ‘‘yes’’ vote on The recent rulemaking negates this The text of the amendment is as fol- the amendment to make sure that we partnership and places the whims of lows: are accountable for the funds from the environmentalists ahead of the sci- At the end of the bill (before the short taxpayer, and I yield back the balance entific data or economic well-being of title), insert the following: of my time. the fishermen in the coastal commu- SEC. ll. None of the funds made available The Acting CHAIR. The question is nities. There is no scientific data that’s by this Act may be used to pay the salary of on the amendment offered by the gen- proving that the lack of the use of any officer or employee of the Department of tleman from Colorado (Mr. GARDNER). TEDs by shrimpers is causing any addi- Commerce who uses amounts in the Fish- The question was taken; and the Act- tional deaths in the turtle population. eries Enforcement Asset Forfeiture Fund of ing Chair announced that the noes ap- the National Oceanic and Atmospheric Ad- peared to have it. b 1910 ministration that consists of the sums de- Mr. GARDNER. Mr. Chairman, I de- Over 60 percent of the shrimp landed scribed in section 311(e)(1) of the Magnuson- Stevens Fishery Conservation and Manage- mand a recorded vote. in Louisiana is by the inshore and ment Act (16 U.S.C. 1861(e)(1)) for any pur- The Acting CHAIR. Pursuant to near-shore fleet, which is primarily pose other than a purpose specifically au- clause 6 of rule XVIII, further pro- skimmers and butterflies. This regula- thorized under such section. ceedings on the amendment offered by tion, if implemented, will affect thou- The Acting CHAIR. The gentleman the gentleman from Colorado will be sands of fishermen in Louisiana. Fish- from Colorado is recognized for 5 min- postponed. ermen will lose money due to the cost utes. AMENDMENT NO. 28 OFFERED BY MR. ENGEL of TEDs equipment and also the money Mr. GARDNER. Mr. Chairman, I Mr. ENGEL. Mr. Chairman, I have an lost from loss of catch. thank the chairman of the sub- amendment at the desk. I yield back the balance of my time. committee, as well, for his work and The Acting CHAIR. The Clerk will Mr. SCHIFF. Mr. Chairman, I move leadership on this bill today and yes- designate the amendment. to strike the last word. terday. We voted long into the morning The text of the amendment is as fol- The Acting CHAIR. The gentleman this morning, and certainly appreciate lows: from California is recognized for 5 min- his time and consideration. At the end of the bill (before the short utes. The appropriations bills before us title), insert the following: Mr. SCHIFF. Mr. Chairman, I rise to present an opportunity to provide over- SEC. 542. None of the funds made available oppose the gentleman’s amendment. by this Act may be used to lease or purchase sight that is one of the most important new light duty vehicles, for any executive Turtle-excluder devices are already re- duties and functions of this Congress, fleet, or for an agency’s fleet inventory, ex- quired in other shrimp trawl fisheries to make sure that we are looking at cept in accordance with Presidential Memo- in the Gulf of Mexico and South Atlan- the ways our Federal Agencies, our ad- randum-Federal Fleet Performance, dated tic to reduce sea turtle bycatch. ministration is spending money and May 24, 2011. In many cases, fishermen have re- making sure that it is carried out prop- The Acting CHAIR. The gentleman ported actually preferring the use of erly. from New York is recognized for 5 min- TEDs in their trawl nets because when One of the areas where I believe this utes. they are used properly, TEDs allow up Congress needs to further its oversight Mr. ENGEL. On May 24, 2011, Presi- to 98 percent of turtles to escape from and step up its oversight concerns the dent Obama issued a memorandum on trawl nets while retaining up to 97 per- National Oceanic and Atmospheric Ad- Federal fleet performance which re- cent of target shrimp catch. TEDs also ministration’s asset forfeiture fund. quires all new light-duty vehicles in provide other economic benefits to This is money that is comprised of the Federal fleet to be alternate-fuel fishermen. Again, when installed prop- fines paid by individuals who violate vehicles, such as hybrid, electric, nat- erly, they can prevent other species by- the Magnuson-Stevens Fishery Con- ural gas, or biofuel, by December 31, catch and unwanted marine debris servation and Management Act. The 2015. from entering the trawl nets, thereby act, as many Members know, is the pri- My amendment echoes the Presi- increasing shrimp catch efficiency and mary law governing fish management dential memorandum by prohibiting the quality of their shrimp catch. in our Federal waters, and it is respon- funds in the Commerce-Justice-Science TEDs can also cut down on unwanted sible for managing fisheries, promoting appropriations bill from being used to debris which can damage and increase conservation, producing bycatch, and lease or purchase new light-duty vehi- the drag in fishing nets, causing fisher- ending overfishing. cles except in accord with the Presi- men to incur other costs. At this stage, The money in NOAA’s asset for- dent’s memorandum. NMFS is merely proposing this rule feiture fund can only be used for ex- Last year, I introduced similar and will provide ample opportunity for press purposes that are laid out in stat- amendments to four different appro- public comment, including public ute, such as paying costs associated priations bills—Agriculture, Defense, meetings before any final regulation is with providing any temporary storage Energy, and Homeland Security. All in place; and, therefore, I urge defeat of of property seized during civil or crimi- were accepted and passed by voice vote. the amendment. nal proceedings, paying off valid liens Our transportation sector is by far I yield back the balance of my time. or mortgages against forfeited prop- the biggest reason we send $60 billion The Acting CHAIR. The question is erty, or reimbursing any Agency that per year to hostile nations to pay for on the amendment offered by the gen- assisted NOAA in enforcing the law. oil at ever-increasing costs. But Amer- tleman from Louisiana (Mr. LANDRY). Unfortunately, what we have seen is ica doesn’t need to be dependent on for- The question was taken; and the Act- a pattern of unaccountability, a pat- eign sources of oil for transportation ing Chair announced that the noes ap- tern of abuse of this money, including fuel. Alternative technologies exist peared to have it. a purchase of a $300,000 yacht that was today that when implemented broadly Mr. LANDRY. Mr. Chairman, I de- used for personal use by certain offi- will allow any alternative fuel to be mand a recorded vote. cials within NOAA. used in America’s automotive fleet.

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6427 The Federal Government operates partment of Justice—State and Local Law say either the obvious, which is, Fed- the largest fleet of light-duty vehicles Enforcement Activities—Office of Justice eral funds can’t be used in violation of in America. According to GSA, there Programs—State and Local Law Enforce- Federal law, in which case the amend- are over 660,000 vehicles in the Federal ment Assistance’’ may be used in contraven- ment is unnecessary and accomplishes tion of section 642 of the Illegal Immigration fleet, with over 41,000 being used by the Reform and Immigrant Responsibility Act of nothing; or, the amendment seeks to Department of Justice and another 1996 (8 U.S.C. 1373). go beyond existing law and set new pol- icy, in which case the policy that it 2,400 with the Department of Com- The Acting CHAIR. The gentleman is would set is one that is disadvanta- merce. recognized for 5 minutes. By supporting a diverse array of ve- geous to States and local law enforce- hicle technologies in our Federal fleet, b 1920 ment. we will encourage development of do- Mr. WALSH of Illinois. Mr. Chair- State and local community safety mestic energy resources—including man, immigration enforcement— policies prioritize budgetary and law biomass, natural gas, agricultural whether issuing or revoking a visa, de- enforcement resources according to waste, hydrogen, and renewable elec- portation, and even providing citizen- community needs while still permit- tricity. ship—is a Federal responsibility and ting Federal immigration enforcement Expanding the role these energy should remain so. However, our law en- to take place. In many cases, such sources play in our transportation forcement in cities and States is some- local laws support community safety economy will help break the leverage times the first line of defense in these by encouraging citizens who are crime over Americans held by foreign govern- Federal courts. victims or witnesses to come forward ment-controlled oil companies and will In 1996, almost 20 years ago, Congress and work with police regardless of increase our Nation’s domestic secu- passed the Illegal Immigration Reform their immigration status. rity and protect consumers from price and Immigrant Responsibility Act. These local policies don’t interfere spikes and shortages in the world oil This bill not only required localities to with Federal enforcement. In fact, a markets. So I ask that you support the communicate with Federal agencies 2007 Justice Department audit of such Engel amendment. when legal and illegal aliens may have laws found that in each instance where On a similar note, I have worked been picked up for crimes but also pro- cities were so-called ‘‘sanctuary cit- with my colleagues JOHN SHIMKUS, vided money to help them do so. Since ies,’’ the local policy either didn’t pre- ROSCOE BARTLETT, and STEVE ISRAEL to then, additional programs such as the clude cooperation with ICE, or else in- introduce the bipartisan Open Fuel State Criminal Alien Assistance Pro- cluded a policy to the effect that those Standard Act, H.R. 1687. I have particu- gram and Secure Communities have agencies and officers must assist ICE larly worked with Congressman SHIM- been implemented to ensure further or share information with ICE as re- KUS on this bill in this Congress. Our that localities have the resources they quired by Federal law. That year, DHS bill would require 50 percent of new need to meet their responsibilities. Secretary Michael Chertoff testified automobiles in 2014, 80 percent in 2016, The Federal Government has stated before Congress: and 95 percent in 2017 to be warranted time and again that participation in I’m not aware of any city, although I to operate on nonpetroleum fuels in ad- these programs is not optional. Yet de- may be wrong, that actually interferes dition to or instead of petroleum-based spite that, some cities and even whole with our ability to enforce the law. fuels. States blatantly ignore Federal re- The amendment, if it went beyond Compliance possibilities include the quirements. What is even worse is that the mere statement that you can’t full array of existing technologies—in- these sanctuary cities still receive spend Federal funds in contravention cluding flex fuel, natural gas, hydro- money for their so-called ‘‘immigra- of Federal law, might deny funding to gen, biodiesel, plug-in electric drive, tion efforts’’ under the State Criminal already cash-strapped police depart- and fuel cell—and a catchall for all new Alien Assistance Program. In fact, one ments. For these reasons, we urge a ‘‘no’’ technologies. city received $1.1 million at the same vote on the amendment, and I yield In conclusion, I encourage my col- time it designated itself as a city and back the balance of my time. leagues to support my amendment and county of refuge. And one State has The Acting CHAIR. The question is the open fuel standard as we work to- even passed laws that prohibit law en- on the amendment offered by the gen- ward breaking our dependence on for- forcement agencies from detecting or tleman from Illinois (Mr. WALSH). eign oil. apprehending those in violation of U.S. The amendment was agreed to. I yield back the balance of my time. immigration laws. AMENDMENT OFFERED BY MR. ROHRABACHER Mr. WOLF. Mr. Chairman, I move to For this reason today, I am offering Mr. ROHRABACHER. Mr. Chairman, strike the requisite number of words. an amendment that would prohibit the I have an amendment at the desk. The Acting CHAIR. The gentleman Department of Justice from providing The Acting CHAIR. The Clerk will re- from Virginia is recognized for 5 min- funds to these sanctuary cities for im- port the amendment. utes. migration enforcement efforts. This is The Clerk read as follows: Mr. WOLF. I think this amendment a smart amendment that will require At the end of the bill (before the short has been adopted on other bills. We ac- America’s local law enforcement offi- title), insert the following: cepted the amendment. cers to do just that—enforce the laws SEC. ll. None of the funds made available I yield back the balance of my time. we pass to receive the money we pro- in this Act to the Department of Justice The Acting CHAIR. The question is vide them to do so. I urge the House to may be used, with respect to the States of on the amendment offered by gen- vote in its favor. Alaska, Arizona, California, Colorado, Dela- ware, District of Columbia, Hawaii, Maine, tleman from New York (Mr. ENGEL). Mr. Chairman, I yield back the bal- The amendment was agreed to. Maryland, Michigan, Montana, Nevada, New ance of my time. Jersey, New Mexico, Oregon, Rhode Island, AMENDMENT OFFERED BY MR. WALSH OF Mr. SCHIFF. Mr. Chairman, I move Vermont, and Washington, to prevent such ILLINOIS to strike the last word. States from implementing their own State Mr. WALSH of Illinois. Mr. Chair- The Acting CHAIR. The gentleman laws that authorize the use, distribution, man, I have an amendment at the desk. from California is recognized for 5 min- possession, or cultivation of medical mari- The Acting CHAIR. The Clerk will re- utes. juana. port the amendment. Mr. SCHIFF. Mr. Chairman, I rise in The Acting CHAIR. The gentleman The Clerk read as follows: opposition to the amendment, which from California is recognized for 5 min- At the end of the bill (before the short provides that none of the funds in the utes. title), insert the following: SCAAP program can be used in con- Mr. ROHRABACHER. Mr. Chairman, SEC. ll. None of the funds made available travention of existing law. I rise today, along with Mr. HINCHEY, in this Act for the State Criminal Alien As- This amendment is like several oth- Mr. MCCLINTOCK, and Mr. FARR, in sup- sistance Program under the heading ‘‘De- ers we’ve considered today that simply port of a commonsense amendment

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6428 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 that would prohibit the Department of Under this amendment, the DEA I could go on, but I think that the Justice from using funds to prevent would still have the power to arrest message that this amendment would States from implementing their own anyone selling marijuana for rec- send to young people is that Congress State laws that authorize the use, dis- reational use or engaging in any activ- wants to aid and abet, if you will. And tribution, possession, or cultivation of ity that is not expressly allowed under we all know. We’ve watched ‘‘60 Min- medical marijuana. This amendment State law. But they will have more utes.’’ We’ve watched all these shows. would take a step in the right direction time to go after the drug traffickers if If somebody purely, really—my mom of respecting States’ rights and indi- they are not going after people who are died of cancer. So many people in my vidual liberties, and it would help the providing medical marijuana to people family died of cancer. It’s so narrow. Federal Government prioritize its very who are sick. But this is just wide open. And we’ve scarce resources and show compassion b 1930 seen it where they’re coming in and for those thousands of ailing patients they’re pouring over. In essence, I It is time that we respect States’ across our country. think this would be bad for the coun- To date, 17 States, including the Dis- rights, get serious about prioritizing our Federal Government’s activities, try. trict of Columbia, have passed laws al- In our hearings, we heard that more lowing for the medical use of mari- and show some common sense and com- passion when dealing with the sick young people are dying from overdose juana, and the list continues to grow. of drugs. Then marijuana, then do we Connecticut is in the process of passing among us. I urge all Members to vote ‘‘yes’’ for go into heroin, and then we go into a similar law as well. Many of these OxyContin. You just saw today’s Wash- State laws, including in my own home the Rohrabacher-Hinchey-McClintock- Farr amendment to prevent the De- ington Post where some of the drug State of California, have passed these companies were promoting these pain statutes through the initiative proc- partment of Justice from continuing to engage in activities that it has no busi- operations which are basically moving ess—meaning that a majority of Cali- and pushing OxyContin, hiring some fornia voters specifically decided that ness engaging in. I yield back the balance of my time. really prominent lawyers in this town sick individuals ought to have the Mr. WOLF. I rise in opposition to the to represent them. right to use this herb for medical pur- amendment. This would not be a good amendment poses. Why the Federal Government The Acting CHAIR. The gentleman for the country; it would be a bad continues its hard-line prohibition, from Virginia is recognized for 5 min- amendment for the young people, and I then, is completely beyond me. utes. urge defeat of the amendment. As far as the medical marijuana is Mr. WOLF. What does this amend- I yield back the balance of my time. concerned, individuals ought to have a ment say if a young person, 15, at a Mr. HINCHEY. I move to strike the right and ought to be able to act in ac- high school in whatever State is watch- last word. cordance with their respective State ing the House at 7:30, and they say the The Acting CHAIR. The gentleman laws without the Federal Government United States Congress is ready to from New York is recognized for 5 min- coming in and interfering. Neither make it easy to get marijuana, and utes. should the Federal Government threat- their mom or dad—what is going on? Mr. HINCHEY. I rise today in strong en to prosecute State employees who This amendment hurts law enforce- support of this amendment, and I are carrying out the implementation of ment. Our law enforcement people are thank, particularly, my friend from their State laws. Indeed, the Founding jeopardizing their lives. California for offering it with me and Fathers wanted criminal law to be the Marijuana is one of the most widely for what he said about it just a few domain of local and State government. abused drugs in the United States. Ac- minutes ago very clearly. Unfortunately, however, this is not the cording to the DEA, more young people This amendment is very simple. It di- approach that recent administrations are now in treatment for marijuana de- rects the Federal Government to re- have taken, including the current ad- pendency than for alcohol or all other spect the laws enacted by States that ministration. For example, the Gov- illegal drugs combined. have legalized marijuana for medical ernor of Washington State received a This amendment does not address the use. letter from the Department of Justice problem of marijuana abuse and pos- The Constitution of the United and was warned that: sibly makes it worse by sending a mes- States is very clear. It authorizes State employees who conducted ac- sage to young people that there can be tivities mandated by the Washington States’ rights in every other area that health benefits. is not specifically designated to the legislative proposals would not be im- The Drug Enforcement Administra- Federal Government. Currently, 16 mune from liability under the CSA. tion, DEA, describes marijuana as ‘‘the States and the District of Columbia Additionally, the DEA has conducted top revenue generator for Mexican drug have legalized medical marijuana, ben- numerous raids on medical marijuana trafficking organizations, a cash crop efiting over 730,000 patients nation- dispensaries that are in full compliance that finances corruption and the car- wide. In addition, the State of Con- with State law. Businesspeople and co- nage of violence year after year.’’ operatives who are licensed and cer- All you have to do is look at the necticut will soon sign a similar bill tified within these States to function news. That’s why we put money back into law. as legitimate medical marijuana in here for the National Gang Intel- President Obama has made it clear dispensaries have seen their businesses ligence unit to keep the Mexican gangs that the Justice Department should locked down, assets frozen, businesses from coming into the United States. not prioritize medical marijuana ar- driven away, and in some cases the vic- The Mexican gangs are being funded rests, especially when there are so tims of a SWAT squad coming into and they have a marijuana operation. many other more significant issues their operation. It is simply outrageous I don’t understand. I mean, I respect that need attention. Unfortunately, that we are spending scarce Federal that maybe for medical use at a time. some in the DEA clearly didn’t get the dollars to interfere with the medical And I will tell you, the first time this memo. That’s why we’re here today. needs of individuals, especially when issue came up, I voted for it, but it was According to Americans for Safe Ac- it’s been recommended by a physician on a narrow basis. But this is wide cess, since October 2009, the Justice De- and approved by the voters of a State. open. partment has carried out an estimated Importantly, this amendment does And then you’re going to tell your 15- 170 raids of medical marijuana nothing to prevent the Federal Govern- year-old or 16-year-old don’t use drugs. dispensaries and cultivation centers in ment from being able to go after drug Well, we’ve got the marijuana center nine States that have legalized medical traffickers. In fact, it makes it easier downtown, and everybody’s going in. marijuana. Without a doubt, these because it prioritizes and gives those The FDA has stated that ‘‘smoked raids are clearly a waste of taxpayer people a chance to go after drug traf- cannabis has no acceptable medical use dollars, but they are also fundamen- fickers rather than sick people. and treatment in the United States.’’ tally wrong.

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6429 Medical marijuana is proven to re- practice laws, this body balks. All of a I served as an assistant U.S. attorney duce pain and increase quality of life sudden States no longer have the right in Los Angeles for 6 years. In 1987, for patients suffering from debilitating to determine what is best for their citi- when I started in the office, the office diseases, including cancer, multiple zens and when those rights include had a guideline where we wouldn’t take sclerosis, and HIV/AIDS. Medical mari- medical marijuana. a case for prosecution involving less juana is a safe and effective treatment The Rohrabacher-Hinchey-Farr- than a kilo of cocaine. Now, that didn’t for many of the symptoms that accom- McClintock amendment doesn’t change mean that it didn’t get prosecuted. It pany these diseases. However, the DEA Federal law. It doesn’t change drug did mean that it was referred to the wants to deny patients medicine that policy. However, it does protect States’ district attorney’s office, but we just can dramatically improve their lives or rights. didn’t have the resources to go after reduce their suffering. This is wrong, every cocaine case involving less than b 1940 and it needs to stop. a kilogram. A couple of years later into This amendment does not do any- For those of you who come from my tenure in that office, we had to thing to advocate any violations of the States that do not have medical mari- raise the guideline to 5 kilograms be- law. It just says those States that have juana laws, nothing in this amendment cause we had so many 1 kilogram approved medical marijuana ought to will impact your States. Everything in cases, and we couldn’t even handle be able to determine how to take care your States remains exactly status those prosecutions. of their own people effectively. quo. For those of you who come from I don’t know what the policy is now, This amendment does not affect States that do have medical marijuana whether it’s 10 kilograms or 20 kilo- States that have not approved medical laws, which means the States of Alas- grams, but the reality is we have very marijuana. It does not require or en- ka, Arizona, California, which is my finite resources within the Justice De- courage other States to adopt medical own State—it’s interesting what we partment to prosecute drug cases. marijuana laws. have done in California. We’ve decrimi- Then, of course, the funds for drug This amendment does not stop law nalized the possession of medical mari- prosecutions have to compete with the enforcement officials from prosecuting juana. It’s an infraction, not a felony. funds for terrorism cases and the illegal use of marijuana. We’ve also legalized the use of mari- carjacking cases and bank robberies This amendment does not encourage juana for medical purposes, but the and T-Chek thefts or whatnot. We are drug use in children. Studies actually voters at the same time have turned in a limited resource world, and I don’t suggest that teen use of marijuana has down an intensive legalization use. So think it’s a good use of our Federal law declined in States that have passed it’s very controlled. The laws are tight enforcement resources to be pros- medical marijuana laws. That, in and and they are enforced. ecuting medical marijuana cases in of itself, is very interesting and impor- The other States that have passed States that have legalized medical tant. laws are Colorado, Delaware, the Dis- marijuana. On the priority list of Fed- The purpose of this amendment is to trict of Columbia, Hawaii, Maine, eral law enforcement priorities, that allow these 16 States to give relief to Maryland, Michigan, Montana, Nevada, ought to be near the very bottom. people suffering from horrific diseases New Jersey, New Mexico, Oregon, At a time when we can’t even keep without fearing Federal intervention Rhode Island, Vermont, and Wash- up with the more serious narcotics or prosecution. ington. For your States, very little in cases and when we have so many other I urge Members to support this this amendment will impact your unmet needs in the Justice Depart- amendment and support States’ rights States except that you will now have a ment, this is not where we should be and compassion. Doctors in these 16 State that will be able to implement putting our resources, and I urge sup- States know what is best for their pa- the laws without fear of retribution or port for the amendment. tients. The DEA should not stand in of retaliation from the Federal Govern- I yield back the balance of my time. Mr. NADLER. I move to strike the the way of these doctors and their pa- ment. I will also note that, in addition last word. tients. to the 16 States I’ve just mentioned, All of this is serious for the health The Acting CHAIR. The gentleman the State of Connecticut just passed a and safety of many, many people in from New York is recognized for 5 min- medical marijuana bill last week, and these 16 States. And, in fact, other utes. the Governor said he’ll sign it. So, to States are coming into this as well. Mr. NADLER. Mr. Chairman, I want the list of 16 States, we soon have This is something that really needs to to congratulate and thank the sponsors added No. 17, the State of Connecticut. be enacted because it is safe and secure of this amendment for introducing it. If States’ rights are not a good and reasonable. The amendment begins to break down enough reason to pass this amendment, I yield back the balance of my time. the taboo in American politics about Mr. FARR. I move to strike the last then do it because of compassion. Com- discussing drug policy intelligently. It word. passion demands it. We offer this also begins to, hopefully, result in the The Acting CHAIR. The gentleman amendment for terminal cancer pa- Federal Government having a more hu- from California is recognized for 5 min- tients, for AIDS victims, for persons mane and human policy on medical utes. who suffer with chronic pain. We offer marijuana. Mr. FARR. Mr. Chairman, I rise in this amendment not only to protect I heard the gentleman from Virginia support of the Rohrabacher-Hinchey- those people, but we offer this amend- say that the DEA says there is no med- Farr and now McClintock amendment. ment to protect the States that are ical use for marijuana. That’s true that It is obvious from the votes that progressive enough to provide alter- they’ve said it. The DEA has no credi- we’ve been casting here, yesterday and native medical options to those who bility with people who have looked at tonight, this afternoon, that this body need it. I urge all of my colleagues to this—on this subject, on most subjects insists on protecting the rights of support the Rohrabacher-Hinchey-Farr with respect to drugs these days. One States to define marriage. This body amendment. reason there is no proof of the success- insists on protecting the rights of I yield back the balance of my time. ful medical use of marijuana is that States to set abortion policies. This Mr. SCHIFF. Mr. Chairman, I move the DEA systematically tries to make body insists on protecting rights of the to strike the last word. sure there is no adequate research on States to determine education cur- The Acting CHAIR. The gentleman that, and it denies the use of supplies ricula and standards. Just yesterday from California is recognized for 5 min- of marijuana for medical research. this body decided that certain States utes. But we have ample proof from the 16 get to enforce Federal immigration Mr. SCHIFF. Mr. Chairman, I rise in States which have legalized the med- laws however they see fit. support of the amendment, and I want ical use of marijuana. We have ample But when it comes to protecting the to share a slightly different perspective anecdotal proof. We know that, for peo- rights of States to set medical scope of on it. ple suffering pain, for people suffering

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6430 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 nausea from AIDS and cancer, mari- police the jurisdictions that have voted I yield back the balance of my time. juana is the only thing that produces it in. That’s what this amendment Mr. FRANK of Massachusetts. Mr. relief and enables them to eat and to does. It says there will not be any addi- Chairman, I move to strike the last get sustenance and to regain weight tional spending of Federal moneys to word. and to, perhaps, regain health. We try to thwart the will of the people of The Acting CHAIR. The gentleman is know this. We know this from thou- the States on issues on which they recognized for 5 minutes. sands of cases. The DEA doesn’t know have voted. Mr. FRANK of Massachusetts. Actu- it because it refuses to see it and re- This is the most basic democracy ally, Mr. Chairman, if I could, I would fuses to allow systematic research. that we could be talking about. You strike many of the words we’ve heard That’s wrong. It’s inhumane. talk about the Founding Fathers. This today. Now, I wish this amendment didn’t is the people who give us power. They I first want to acknowledge the lead- specify the 16 States because maybe a have voted in their States to make it ership of my colleague from California. 17th and an 18th will come along this the law, and the Federal Government He has a characteristic that is all too year. I hope that they will. Certainly, has taken its heavy hand and has tried rare in politics, an intellectual consist- the Federal Government has a better to come in there—and has come in ency. We have people on the one hand use for its resources than in trying to there—to prosecute individuals. It’s for that talk about freedom of the indi- prevent the policy that 16 States have the States to prosecute those individ- vidual, liberty, and respect for States’ adopted, the humane policy of allowing uals if they want. rights, but when it comes up against the medical use of something that has As the gentleman from California some pet project of theirs, all that goes been proven to be medically useful in (Mr. SCHIFF) has pointed out, Federal out the window. many cases. Doctors and other medical priorities have to be made to meet the Let’s be very clear. This is not a case professionals ought to determine treat- resources available. The moneys that of people advocating that other people ment, not bureaucrats in Washington. they’re spending now in these States smoke marijuana. It is for me an advo- So I support this amendment, and I could be spent on border traffic and cacy that we allow people some degree hope that maybe, if it passes, and could be spent on policing against her- of free choice. I listened to the gen- maybe if we have a rational policy with oin and cocaine, which cause people, tleman from Virginia, and I admire his regard to medical marijuana, that two when they get hooked, to commit vio- diligence. But I have to say, I disagreed other things will happen: that maybe lent crimes in order to get their money with almost everything he said. There the DEA will get its head out of the to buy their drugs. That has never been was one thing he said that I thought sand and will permit proper research so known to be the case with marijuana, was appropriate. He said we shouldn’t we’ll get better research and better re- and it is not the case with marijuana. be debating this at 7:30. I agree. We sults; and maybe we’ll begin a discus- That’s where our priorities for law en- should have been debating it at 4:20. sion of our general drug policy toward forcement should go and prosecution That would have been a much better marijuana, which is certainly a much, should go is to crack and cocaine and time. But other than that, he says, much more benign drug than alcohol, heroin, and they’re not being used What about 15-year-olds, they’ll see which is legal, than tobacco, which is there. marijuana centers. legal. We have a very irrational policy So this is a commonsense, basic, Well, they’ll see liquor stores. They’ll toward it, a policy which reminds one democratic proposal to tell our Federal see many more liquor stores than mari- of the policy of the 1920s, which had Government that has gone astray to juana centers. The notion that because such deleterious effects with regard to not use its resources against the people something is inappropriate for a teen- alcohol and alcohol use. of this country who have made this de- ager or a child, adults should not be al- So I congratulate the sponsor of this termination. lowed to use it, is mindlessness. You amendment for having the courage to Now, as far as some of the other can’t run a society that says we’re not help break the taboos concerning this statements that have been made, I going to let a 15-year-old see the things subject and for introducing an amend- think the public who listens knows a 15-year-old can’t do. Liquor stores ment that, if it passes, will result in that this is not about legalization, that would be a great example. many, many thousands of people being this is not about 14-year-olds or 15- I have been disappointed on this more healthful and more comfortable, year-olds or 18-year-olds. point with the Obama administration. and it will be a great thing for this The Clinton administration was quite b 1950 country. sensible on this. The Bush administra- I yield back the balance of my time. It’s about States, democracy, doc- tion slipped back, and I had hoped that Mr. COHEN. I move to strike the last tors, and people who have cancer, glau- with the Obama administration it word. coma, AIDS, MS, whatever. Montel would be more sensible. The Acting CHAIR. The gentleman Williams has testified how it has The gentleman from Virginia said, from Tennessee is recognized for 5 min- helped him with his illness. I had a Well, this is a great source of money utes. Navy SEAL friend who died of cancer. for the Mexicans. Sure, because we Mr. COHEN. There have been quite a There is no question but that mari- won’t let people grow it in America. To few good arguments made—excellent juana, which he smoked, helped him the extent that people are buying med- arguments—as to why this amendment with his appetite when he wasn’t eat- ical marijuana from Mexican drug car- should pass. Justice Louis Brandeis is ing, and his pancreatic cancer took tels, I think, is a somewhat overdone one of my favorite Justices. He said the him from 215 pounds to 115 pounds. His thing with regard to this. That’s be- laboratories of democracy are the grandmother said it’s the only thing cause we have had people refusing to States. Indeed, 16 States, mostly that makes Orel laugh, and it’s the allow them to grow it here in America through, if not entirely through, only thing that makes Orel eat. And for that use. referenda determined that they wanted when he was dying, I wanted my friend People say—again, I’m surprised by to try to find out whether medical to have whatever he could have to some of my conservative friends—there marijuana laws worked. make his illness less damaging to him is no medical value. The Federal Gov- The Federal Government should not and less difficult to deal with. ernment now becomes the arbiter and be infringing on what the States have So I rise here and assure people that tells the States you may not make determined and their citizens have de- it won’t affect your States; it will just that judgment that there is medical termined in the most direct form of de- be those States where it’s been voted value. We know an awful lot of people mocracy that this Nation knows— in. It will save resources and be able to think it has medical value for them. State referenda. The Federal Govern- give our government the proper direc- As to addiction and the notion that if ment has been using its resources, tion, the usage of resources to protect you get all these drugs together, what which could be used in better ways, to us against heroin, crack, and cocaine. marijuana has in common with

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6431 Oxycontin—which the gentleman from Ms. LEE of California. Mr. Chairman, the Nation. The clinics, doctors, and Virginia mentioned—and other drugs is I rise in strong support of this bipar- businesses, which bring medicine— that we treat them the same. They are tisan amendment. I want to thank Mr. medicine mind you—to suffering pa- not the same in any rational way. ROHRABACHER and all of the cosponsors tients need clarity, certainty, and an They’re not the same in addictive pros- of this amendment for their leadership end to arbitrary raids. pects. They’re not the same except we and for bringing this amendment for- b 2000 treat them the same. And we’re the ward. ones that by this foolish policy—that I This amendment would prohibit the We should be protecting, not under- regret the administration I supported Department of Justice from using Fed- mining, our democracy by prosecuting small business owners who pay taxes, is engaging in—give people the notion eral funds to prevent the implementa- comply with State laws, and provide that they’re the same thing. It’s a very tion of State laws authorizing the use medicine to people in need. simple point. of medical marijuana. But really, and most importantly, it People in the States have voted that In recent months, the Federal Gov- should be out of compassion for our fel- marijuana should be available for peo- ernment has stepped up raids on le- low Americans suffering from a serious ple who want to use it for medicinal gally operating clinics in many States illness that compels us to vote for this purposes, and the States are then in where it is permissible for seriously ill amendment. It is the humane thing to charge of setting up ways to deal with patients to be prescribed medical mari- do, and it is the right thing to do. it. We have people out of their ideolog- juana by their doctors. These raids are So I want to thank Mr. ROHRABACHER shutting down legally operating busi- ical opposition announcing that they once again and the cosponsors of this nesses and are putting the health and will not be allowed to do that, that amendment for bringing this forward the well-being of patients with cancer, they will tell people it has no medical tonight, and I urge an ‘‘aye’’ vote. use despite the testimony of so many HIV and AIDS, multiple sclerosis, and I yield back the balance of my time. who think it does. This again is a form other serious illnesses in jeopardy. Mr. POLIS. Mr. Chair, I move to that I thought we learned didn’t work, Marijuana has proven medical uses strike the last word. and it’s prohibition of the worst sort. that improve the quality of life and ex- The Acting CHAIR. The gentleman And by the way, it is going to lead to tend the lives of desperately ill people. from Colorado is recognized for 5 min- very ineffective law enforcement be- By shutting down clinics, Federal utes. cause we are a free country. You can- agents are forcing patients who may be Mr. POLIS. I thank the gentleman not impose, in a free society like ours, dying, for example, of cancer out into from California for bringing forward a regime of law enforcement that the the streets to buy prescription drugs this amendment. public rejects without a great deal of like narcotics, which oftentimes leads This amendment is absolutely crit- repression. State by State by State, to prescription drug addiction. These ical for Colorado. We have a legal regu- the people of the States have voted to raids also undermine the ability of latory structure for medical marijuana allow this. So when we send the Fed- States to faithfully implement the will and for the many businesses and non- eral agents in to disregard what the of their voters. profits that are active in providing pa- State did, to disregard State law, of The people in my home State of Cali- tients with medical marijuana, and yet course you’re going to engender resist- fornia have voted to make medical they live under a constant fear, a con- ance; of course you’re going to engen- marijuana legal. These laws have been stant fear of selective enforcement der people going around. And I would enacted to allow patients safe and legal from the Attorney General or from the just close by saying after listening to access to appropriately produce and DEA. this debate, I think tonight C–SPAN dispense medical marijuana in the I had the opportunity in the Judici- has merged with Turner Classic Movies safest possible environment. Yet in the ary Committee to question the Attor- because ‘‘Reefer Madness,’’ that great last 18 months—for whatever reason— ney General with regard to this issue, movie from the thirties, appears to be the Drug Enforcement Administration and he acknowledged that the only pos- being shown on both channels. has raided and shut down many li- sible enforcement—because of the This notion that because 15-year-olds censed and regulated dispensaries, large-scale use of medical marijuana in are watching us talk about how people which are legal, mind you, under State the States where it is legal—would be who are ill and in pain should be al- law. For example, the Berkeley Pa- selective enforcement. And that is a lowed with the vote of the State to get tients Group in my district, which had very dangerous precedent and a very marijuana prescribed by a doctor, and worked closely with the city of Berke- dangerous power to hand an Attorney that’s going to lead a 15-year-old to go ley to stay in compliance with local General, the Department of Justice, out and do it, makes no logical sense. and State laws in order to serve criti- and the DEA. As I said, if you’re worried about what cally ill patients in my community, I have heard from the other side of 15-year-olds can see, they can see X- has been forced to close its doors and the aisle in different contexts many rated movies that are being advertised; turn their patients away. Complying comments critical of the current At- they can see cigarettes being sold wide- with the State law and relying on a torney General. But regardless of who ly; they can see alcohol. They can see memorandum from the Department of is sitting as Attorney General, do we all manner of things that we don’t Justice, thousands of small businesses want to have an Attorney General that want them to do. across my State have invested millions has the ability at any given time to en- This is a very sensible amendment. in dollars in building their businesses, gage in selective enforcement against a No one has shown, let me say finally— created good paying jobs, and have paid large group of people, whomever he or and you know the DEA, they want to millions in taxes. The business owners she wants to prosecute? do this. I have not seen the evidence in my home district are doing every- What if the select enforcement is po- that says that medical marijuana has thing they can to comply with the law, litically motivated? What if we have an led to any problem. I haven’t seen it but clinics in Oakland and Berkeley Attorney General that decides he or linked to crime. I haven’t seen it continue to be subject to raids by Fed- she doesn’t like the Tea Party or linked to anything negative. What we eral authorities. doesn’t like the Occupy movement? have, frankly, are some prejudices Many of my colleagues and I have What if they then force the States to being used to interfere with people’s made repeated requests to the Depart- give the records that they keep of who rights. ment of Justice to seek clarification has the medical marijuana licenses and I yield back the balance of my time. regarding their enforcement policies on then go after the people with whose Ms. LEE of California. Mr. Chairman, medical marijuana. Mr. Chair, this is politics they don’t agree? It’s a very, I move to strike the last word. about recognizing the will of the vot- very dangerous road to go down, a dan- The Acting CHAIR. The gentlewoman ers. The Federal crackdowns ignore the gerous power to give to the Federal is recognized for 5 minutes. will of the voters in 16 States across Government.

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6432 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 This is a very real and important I yield back the balance of my time. 7:30—and my friend from Massachu- issue. Drug abuse is a terrible problem Mr. WOLF. I move to strike the req- setts was joking about the time. The that plagues our country and plagues uisite number of words. time is now 8:05, and we’re doing this. Colorado families. We can reduce drug The Acting CHAIR. The gentleman We’re changing the law. And I think it abuse and reduce access to minors of from Virginia is recognized for 5 min- would be bad for the country and urge both marijuana as well as other drugs utes. a ‘‘no’’ vote. by making sure that we regulate them Mr. WOLF. I hear people talking I yield back the balance of my time. appropriately. about States’ rights. If a State said The Acting CHAIR. The question is In Colorado, medical marijuana sexual trafficking is okay, would we on the amendment offered by the gen- dispensaries are regularly audited. honor that and say that we’re not tleman from California (Mr. ROHR- They are required, under State law, to going to protect? I would hope not. ABACHER). have video cameras keep track of who States, in the past, have done some The question was taken; and the Act- comes and goes. Minors are not allowed things that have not been good in this ing Chair announced that the noes ap- to enter the premises. It is, of course, country. peared to have it. the underground illegal corner drug Secondly, we know that many of Mr. ROHRABACHER. Mr. Chairman, dealer that will sell to the 15-year-old, these marijuana dispensaries are sim- I demand a recorded vote. not the legal State-regulated dispen- ply fronts for illegal marijuana dis- The Acting CHAIR. Pursuant to sary. tribution. The FDA noted in 2006 that clause 6 of rule XVIII, further pro- We have limited law enforcement ca- ‘‘there is currently sound evidence that ceedings on the amendment offered by pabilities, as highlighted by my col- smoked marijuana is harmful’’—harm- the gentleman from California will be league from California (Mr. SCHIFF), ful—and that ‘‘no sound scientific postponed. and to go after patients and their care- study supported medical use of mari- givers rather than drug smugglers and juana for treatment in the United b 2010 Mexican drug cartels does a huge dis- States, and no animal or human data AMENDMENT OFFERED BY MR. LEWIS OF service, not only to law enforcement, supported the safety or efficacy of GEORGIA but also to the many, many victims of marijuana for general medical use.’’ Mr. LEWIS of Georgia. Mr. Chair- the drug war, both from collateral As required by the Controlled Sub- man, I have an amendment at the desk. damage as well as those who fall vic- stances Act, the DEA requested a sci- The Acting CHAIR. The Clerk will re- tim to the drugs themselves. entific and medical evaluation and port the amendment. It’s critical, at a time when our Na- scheduling recommendation from the The Clerk read as follows: tion continues to battle with narcotic U.S. Department of Health and Human At the end of the bill (and before the short use, that our limited resources are fo- Services. And what was concluded is title) insert the following: cused on the real problem. The real ‘‘that marijuana,’’ the stuff that we’re SEC. . None of the funds provided by this problem is not the 68-year-old cancer saying tonight—anybody, if you saw Act may be obligated for the purpose of clos- patient. The real problem is not the the ‘‘60 Minutes’’ piece, they come in, ing the regional field offices of the Antitrust business or the nonprofit that operates they buy, they take. We talk about Division of the Department of Justice. under a legal State regulatory system doctors. The number of doctors that The Acting CHAIR. The gentleman is in providing these essential services in were ripping off people with recognized for 5 minutes. our communities in accordance with OxyContin, the number of doctors that Mr. LEWIS of Georgia. I rise today to State and local law. were devastating— offer an amendment that would pre- This amendment is common sense. I You can go down to Broward County, vent the closing of four field offices of hope that colleagues on both sides of Florida, and go into some of these pain the Department of Justice Antitrust the aisle will join in passing this clinics. There are buses coming down Division. These offices are located in amendment. and planes coming down to buy it. And Atlanta, Dallas, Cleveland, and Phila- And I understand that for many of doctors are writing prescriptions. So delphia. The Justice Department an- our colleagues, they don’t have legal we’re going to hide behind and just say nounced plans to close these offices medical marijuana in their States, and doctors are? The number of doctors with the stated goal of saving $8 mil- that’s fine. No one is saying that they that ruin, that ruin young people on lion. These closures will not save a should or they shouldn’t. It’s up to the OxyContin, whereby they died—they dime. In fact, these closures would ac- residents of each State to decide how died. So to hide behind a doctor says tually end up costing the government they want to treat the criminal aspects that that means it’s okay—but Health money in lost criminal fines and res- of regulating marijuana use. and Human Services said, ‘‘Marijuana titution. What we’re asking is, for those of you has a high potential for abuse, has no Closing the Atlanta office does not who come from States who don’t have accepted medical use in the United even reduce Federal overhead. The At- legal marijuana, consider that some States, and lacks an acceptable level of lanta field office is located in a Federal States might think about it a little dif- safety for use under medical super- courthouse building which will con- ferently. Consider that some States vision.’’ tinue to operate. Not only will the have, in fact, authorized dispensaries I may be the only one in this body antitrust division likely lose those tal- and authorized a system to ensure that that feels this way, but I will tell you, ented lawyers who do not choose to re- it stays out of the hands of minors, to I think if this amendment passes and locate to one of the remaining offices, focus their State law resources on this becomes the law, this would be a but it will also move people to some of harder drugs and ensuring that minors gateway to young people. This will lit- the most high-cost locations in the don’t have access to marijuana or erally send a message down to the country. other drugs. And consider that that is Mexican cartels. There is going to be a The southern region is home to the their prerogative, just as it is your pre- market all over. corporate headquarters of over 100 of rogative in your State to continue to It will also increase automobile acci- the Fortune 500 companies. The At- approach marijuana usage as a crimi- dents because you will basically be lanta office prosecutes individuals and nal issue. finding people that are driving while companies who engage in bid-rigging, I call upon my colleagues on both they are high versus driving while they price-fixing, and illegal kickback sides of the aisle to support this impor- are intoxicated. schemes. Shutting down the Atlanta tant amendment, to focus our limited So, lastly, I would just hope and ask and Dallas sites leaves the entire resources and allow legal businesses that we defeat this amendment. southern region of our Nation without and legal caregivers to operate without Why don’t you have hearings in the any local presence to prosecute and the fear of a DEA agent busting in Judiciary Committee? Why don’t you deter antitrust violations and white their door. have hearings some other place? But at collar criminal activity.

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6433 We cannot and should not underesti- In one of America’s poorest cities of Justice has the resources it needs to mate the deterrent effect that the pres- with lingering high unemployment— fight white collar crime. The Depart- ence of regional law enforcement offi- Cleveland, Ohio—that Department of ment is preparing to close antitrust re- cers has on white collar crime. We can- Justice antitrust field office is sched- gional offices in Atlanta, Cleveland, not afford to leave the Southeast and uled to be closed. I’m concerned about Dallas, and Philadelphia. This amend- Southwest without vital law enforce- the impact it will have, first of all, on ment will prevent the closure of these ment officials who are tasked with re- the administration of justice in the field offices during fiscal year 2013. ducing white collar crime. field of antitrust, but also on the em- As a member of the Judiciary Sub- I ask all of my colleagues to vote for ployees, businesses, and consumers committee on Intellectual Property, this amendment to prevent the closure that serve us in the greater Ohio area. Competition, and the Internet, I am of these critical law enforcement of- I’m very concerned for the hard- concerned about the impact of these fices until a more thorough review of working employees in the Cleveland closures. This action will seriously un- the consequences can be undertaken. field office, one of the most efficient dermine the division’s ability to en- This is not a done deal. Congress antitrust divisions in the country be- force antitrust laws by limiting the should and must act. cause its employees are so talented. number of boots on the ground, par- My amendment won’t cost a cent, Cleveland is a community that still en- ticularly in the Southeast and the but it would bring in more than a few dures high unemployment due to the Southwest. dollars. Over the past 11 years, the At- economic crisis and its lingering ef- Closing these offices is very short- lanta field office alone brought in over fects. Why would we want to do this sighted. It puts nearly 100 jobs at risk $265 million in fines and restitution. now? in Atlanta and saves only $500,000 in Let me be clear that is a 600 percent From my perspective, the amount of fiscal year 2013. The proposal could end rate of return on this investment. money the Department of Justice ex- up costing money by transferring em- What better proof do you need? pects to save will not actually mate- ployees to regional offices with higher Mr. Chairman, I ask each and every rialize because costs will increase else- costs of living and higher salaries, like one of my colleagues again to support where as a result of a reduced footprint New York and San Francisco. the Lewis-Johnson amendment. across the country. b 2020 I yield back the balance of my time. The reality is we should be fur- Further, the proposal will weaken Ms. KAPTUR. Mr. Chairman, I move thering our support for the antitrust the antitrust division as experienced to strike the last word. division, not closing offices or cutting attorneys who choose not to transfer The Acting CHAIR. The gentlewoman funds. As currently structured, the leave for other opportunities. Antitrust from Ohio is recognized for 5 minutes. antitrust division is one of the most ef- law is a highly specialized field of law Ms. KAPTUR. Mr. Chairman, I want ficient Agencies within the Federal and the institutional knowledge of an to thank Congressman LEWIS for offer- Government. Its base budget was $159 experienced attorney is invaluable. ing this amendment to the Commerce- million. Yet from 2009 to 2011 the divi- The Atlanta office ranks number one Justice-Science fiscal year 2013 appro- sion’s efforts resulted in $2 billion in in terms of the most trial wins of any priations bill. The amendment is de- criminal fines and antitrust violations. of the eight criminal offices. In fiscal signed to prevent the U.S. Department That’s a seven-to-one return on invest- year 2008, the Atlanta office ranked of Justice from closing and reducing its ment. first among all of the criminal offices antitrust division field offices from In addition, over the last two fiscal in the amount of restitution obtained seven to only three in a country of over years, the antitrust division has been for victims. For that fiscal year, the 300 million people in 50 States. estimated to have saved consumers Atlanta office accounted for 71.2 per- The Department of Justice literally over $650 million as a result of its cent of all restitution imposed by the and regrettably wants to, or is pro- criminal enforcement efforts. Further- division. posing to, close four of its antitrust more, the antitrust division success- As this Nation recovers from a reces- field offices in response to budgetary fully resolved 97 percent of its criminal sion largely caused by white collar pressures. This is partly because the cases in fiscal year 2011. misdoing, I implore this House to con- Republican budget fails to provide the Without question, the antitrust divi- sider the message that closure of these administration with the resources it sion more than pays for itself seven offices will send to the public. Those has requested to carry out its basic times over. It has an outstanding track considering whether to commit white mission. record. We should leave its current collar crime need to know that there is Under Republican leadership, the structure alone. In fact, we should seek strict Federal enforcement. Closing legal activities account, which funds to strengthen it and get greater return these field offices sends the wrong mes- the antitrust division, was 2.2 percent to the taxpayer for every dollar in- sage to criminals and the public at ex- less than the administration requested vested. No matter what happens here actly the wrong time. for the fiscal year 2012, and that re- today or tomorrow, I’ll continue to This Congress has been consumed sulted in a 5.2 percent cut compared to work with the other body to protect with debating the proper role and scope fiscal year 2011. When we cut 5.2 per- the antitrust division’s presence across of government. During that debate, we cent out of a particular account that this country and work to ensure that have all agreed that the minimum role primarily funds salaries and expenses, the employees in communities like of government is to ensure an equal there are consequences. Cleveland and the other communities playing field that allows opportunity However, congressional Republicans are treated fairly, because in the final for all and ensures that all wrongdoers are not totally to blame. The Presi- analysis, the American people need a will be prosecuted, no matter if they dent’s budget says that the antitrust robust antitrust division at the Depart- are engaged in petty criminal offenses division is expecting an increase in ment of Justice. or white collar crimes. caseloads and requested additional Mr. Chairman, I support the Lewis The antitrust division, which pro- funding to administer the increase in amendment, and I yield back the bal- motes and protects competition in the caseload. Yet the administration wants ance of my time. marketplace, is essential to good gov- to close over half the division’s offices. Mr. JOHNSON of Georgia. I move to ernance and fairness. Surely Tea What sense does this even make? strike the last word. Partyers and progressives, ALEC mem- Also, the antitrust division is a key The Acting CHAIR. The gentleman is bers and union leaders can all agree participant on the President’s Finan- recognized for 5 minutes. that government must ensure a fair cial Fraud Enforcement Task Force. Mr. JOHNSON of Georgia. Thank and competitive marketplace that al- How can the division be a helpful par- you, Mr. Chairman. lows for innovation. ticipant when it is reducing its foot- I rise in support of this amendment The closure of these four field offices print across our country? which will ensure that the Department will have the effect of significantly

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It has been a priority of this Administra- Virgin Islands, and Puerto Rico unpro- politics. tion to reign in waste, fraud, and abuse, and tected against white collar crooks like Let me speak for a moment on the that is exactly what the Dallas Antitrust office Bernie Madoff who seek to rig bids, in- Atlanta office which does better in has been doing. flate prices, and otherwise defraud con- terms of overall performance and pro- Mr. Chair, I would ask to submit into the sumers and businesses. ductivity than say, for instance, some CONGRESSIONAL RECORD a copy of my April I urge a ‘‘yes’’ vote on this amend- of the other offices which are slated to 23, 2012, letter to Attorney General Holder ment, and I yield back the balance of remain open. The Atlanta office ob- highlighting the critical role the Dallas Field Of- my time. tained over $265 million in fines and fice serves upholding vital antitrust laws in our Mr. BISHOP of Georgia. Mr. Chair- restitution between FY 2000 and 2011. region and the United States. man, I move to strike the last word. With an annual operating cost of $4 APRIL 23, 2011. The Acting CHAIR. The gentleman is million, the criminal fines and restitu- Hon. ERIC H. HOLDER, Jr., recognized for 5 minutes. tion recovered by the office represent a Attorney General, Department of Justice, Mr. BISHOP of Georgia. Mr. Chair- return rate of 600 percent. Indeed, clos- Washington, DC. man, I rise today in support of the DEAR MR. ATTORNEY GENERAL: In October ing these offices is penny wise and 2011, the U.S. Department of Justice (DOJ) Lewis-Johnson amendment. This pound foolish, and I urge adoption of announced its plans to close the Dallas Anti- amendment ensures that none of the the amendment for the good of our free trust Division Field Office. The Dallas Field funding provided in the bill will be market system and our capitalist econ- Office is joined by three other offices used to facilitate a closure of the De- omy. planned for closure in Atlanta, Cleveland, partment of Justice antitrust divi- Mr. Chairman, I yield back the bal- and Philadelphia. I strongly oppose this pro- sion’s regional offices in Atlanta, ance of my time. posal and believe that millions of Americans Cleveland, Dallas, and Philadelphia. Mr. WOLF. Mr. Chairman, I rise in and many U.S. companies across multiple Mr. Chairman, from our discussions states stand to be severely impacted by this opposition to the amendment. closure. in the full committee markup of this The Acting CHAIR. The gentleman The Dallas Field Office serves Texas, Ar- bill, I understand that Mr. WOLF, the from Virginia is recognized for 5 min- kansas, Louisiana, New Mexico, and Okla- distinguished chairman of the sub- utes. homa in enforcing antitrust laws. By closing committee, believes that this matter Mr. WOLF. I want to thank the gen- the Dallas Field Office and reassigning those can be worked out and that Justice is tleman and the gentlelady for raising enforcement positions to the remaining field perhaps willing to move on this. But I this issue and standing up. This was offices, the Department is seriously cur- am deeply concerned that this action not done by our committee. This was tailing the government’s ability to enforce lawful business practices. DOJ’s Antitrust will seriously undermine the division’s done by the Justice Department, by Division has an extensive history of pro- ability to enforce antitrust laws by the administration. moting fair competition in the marketplace. limiting the number of boots on the But what we will do is next week we Shuttering the Dallas Field Office will sig- ground, particularly in the Southeast will ask the three or four who spoke, nificantly undo the progress that has been and the Southwest. Accepting that this that we bring the Justice Department made during this Administration, paving the is a done deal and there is no room for in. We will get them to come up here way for future corruption and abuse. negotiation by Congress will severely whereby they can sit down with all of In DOJ’s October 2011 press release, you cite the potential cost savings of nearly $8 weaken our ability to enforce the anti- you together and your staffs to explain million as one of the primary factors behind trust laws. why, and see if they can justify this. this decision. I respectfully reject any argu- Furthermore, given the already But I just want to be clear, this was ments for cost savings in this context, par- heavy workload of the Washington, DC, not done at the committee’s request. ticularly because there is a failure to con- San Francisco, New York and Chicago This was the Justice Department. sider the millions of dollars that the Dallas field offices, the antitrust division will Mr. BISHOP of Georgia. Will the gen- Field Office has brought in through criminal not have sufficient human resources to tleman yield? fines. While the Dallas Office costs roughly investigate and prosecute many re- Mr. WOLF. I yield to the gentleman. $3.5 million to operate each year, it has re- gional and local conspiracies in the Mr. BISHOP of Georgia. I appreciate turned approximately $1 billion in criminal fines to date. These gains do not include areas of responsibility that those four the gentleman yielding, and I appre- criminal fines levied through the Atlanta, offices have, the ones that are slated to ciate those comments. I think it is Cleveland, or Philadelphia field offices. be closed. clear that this was an action by the De- Thus, closure of the Dallas Field Office is I want to ensure that the antitrust partment, and it was not an action short-sighted for both long-term enforce- division can continue to protect tax- taken by the committee. ment of federal antitrust laws, and the lost payers and preserve the integrity of However, several of us on the com- revenues that criminal penalties bring back our free market system. The regional mittee have grave concerns about it, to the American people. Another aspect of your reasoning centers offices in Atlanta, Cleveland, Dallas, and we appreciate the chairman’s around consolidating offices in order to focus and Philadelphia help facilitate these agreement and his willingness to dis- on larger international investigations. Aside efforts, and they should remain open. cuss it with the Justice Department from the obvious implications that this Closing these offices, I believe, is and see if we can’t get this situation would have for local or regional enforcement penny wise and pound foolish. It puts corrected. of antitrust laws, history has demonstrated nearly a hundred jobs at risk, and it Mr. WOLF. I thank you, and with the ongoing need to keep that focus at home poses only a $500,000 savings in fiscal that I yield back the balance of my in a similar, if not greater, capacity. The year 2013. In fact, the proposal could time. Dallas Field Office has served a vital role in numerous cases here in the U.S., while still end up costing money because it would Ms. EDDIE BERNICE JOHNSON of Texas. managing to have an effective international transfer employees to regional offices Mr. Chair, I rise in support of the Lewis-John- presence, as demonstrated in the case of with higher costs of living and higher son amendment to H.R. 5326, the Fiscal Year Hoffman-LaRoche. The $500 million fine paid salaries, like New York and San Fran- 2013 Commerce, Justice, Science Appropria- by the global healthcare company still rep- cisco. tions bill. This amendment prevents funds in resents the largest criminal fine ever col- It’s extremely important that we the FY13 CJS Appropriations bill from being lected by the Antitrust Division or Depart- don’t close these offices until a thor- used to shut down the regional Department of ment of Justice. ough review of the antitrust division is Understanding this, I am respectfully re- Justice Antitrust Division Offices in Atlanta, questing additional insight into the agency’s completed. When deciding to rec- Dallas, Cleveland, and Philadelphia. These rationale behind this proposal. The Dallas ommend these closures, the Depart- closures will have a serious adverse effect Field Office serves a critical role in uphold- ment of Justice did not consider other upon antitrust enforcement in 21 states includ- ing vital antitrust laws in the United States. more cost-effective options. Further- ing Texas, and my district in particular. The Closing this office will open the doors for

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00084 Fmt 0688 Sfmt 9920 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6435 further violations of federal antitrust and Despite the difficulty—and some troduce such a piece of legislation, that competitive bidding laws. would say the impossibility of house- it be properly vetted by having a hear- Should you have any questions or com- breaking a horse—the Obama Justice ing about this, and we can move ments, please contact Justin Maturo of my staff at [email protected] or Department has ruled that service through the legislative process. But (202) 225–8885. horses, miniature horses used to ac- since the administration has intro- Sincerely, company people with disabilities, are duced this regulation, this is just sug- EDDIE BERNICE JOHNSON, no different than guide dogs under the gesting that we should not spend Member of Congress. Americans with Disabilities Act. As a money against this and let this be a The Acting CHAIR. The question is result, shops, restaurants, hotels, even little more vetted. It would help Amer- on the amendment offered by the gen- airlines, can now be sued if they do not ican businesses. Unfortunately, there tleman from Georgia (Mr. LEWIS). accommodate horses in their place of are already lawsuits flying. The question was taken; and the Act- business. I would encourage Members on both ing Chair announced that the noes ap- That regulation joins a long list of sides of the aisle to please vote for this peared to have it. rules with which small businesses must amendment, and I yield back the bal- Mr. LEWIS of Georgia. Mr. Chair- comply. In fact, ance of my time. man, I demand a recorded vote. recently reported on a particularly in- Mr. FATTAH. Mr. Chairman, I move The Acting CHAIR. Pursuant to sidious scheme in which lawyers re- to strike the last word. clause 6 of rule XVIII, further pro- cruit disabled people, pay them a fee, The Acting CHAIR. The gentleman ceedings on the amendment offered by and use them to file lawsuits against from Pennsylvania is recognized for 5 the gentleman from Georgia will be businesses that fail to comply with any minutes. postponed. one of the hundreds of ADA rules. For Mr. FATTAH. I had an opportunity AMENDMENT NO. 36 OFFERED BY MR. CHAFFETZ small businesses, the cost of compli- to visit, while I was in Connecticut Mr. CHAFFETZ. I have an amend- ance with that law that designates, for with Chairman LARSON, with a brave ment at the desk, Mr. Chairman. instance, 95 different standards for young soldier who lost his eyesight in The Acting CHAIR. The Clerk will bathrooms alone is just the beginning. Iraq. It was a situation where his abil- designate the amendment. ity to function required an animal to 2030 The text of the amendment is as fol- b help guide him so that he could go lows: They must also pay attorneys’ fees to about his normal functions of daily At the end of the bill (before the short the litigants in such case, even though life. title), insert the following: many businesses say they would have What the gentleman who made this SEC. lll. None of the funds made avail- able by this Act may be used for the purpose complied without a lawsuit. amendment neglected to share with the of implementing section 36.302(c)(9) of title Some 1.65 million lawsuits are filed House is that it has been the law that, 28, Code of Federal Regulations. each year over enforcement of Federal under the ADA guidelines, you could The Acting CHAIR. The gentleman regulations, according to Berkeley law have any animal—monkey, horse, so from Utah is recognized for 5 minutes. professor Sean Farhang, author of forth and so on—that could be of use to Mr. CHAFFETZ. Mr. Chairman, a ‘‘The Litigation State.’’ Estimates by someone who was disabled. What the couple of short months ago, the De- the Competitive Enterprise Institute administration has done with this new partment of Justice in support of the suggest that regulation cost the econ- regulation is limit this to only two Americans with Disabilities Act added omy some $1.75 trillion in 2008 alone. types of animals: one are guide dogs— a new provision. This provision said That’s a massive drag on the U.S. econ- as we would normally know them—and that in order to be in compliance with omy. With the average of nine new the other are miniature horses that the ADA regulations, businesses must rules appearing in the Federal Register meet certain requirements, including now allow service horses into their every day, small businesses with fewer being housebroken and so forth and so businesses. And you did hear right: resources struggle to keep up with the on. The reason why people who are dis- they’re talking about service horses to ever-changing regulatory environment. abled in some cases find this a more be in compliance with the ADA regula- Some 65 percent of the Nation’s net useful animal to use is that they live tion. And I dare to stand and say we new jobs are created by small busi- three times longer than a dog does and need to say ‘‘nay’’ to that type of ef- nesses, according to the Small Business they have perfect vision. fort. Pardon the pun. It’s kind of hard Administration. Overregulation has a But I see that there has been some, I to get through this without smiling direct effect on their ability to create guess, laughter, as if this is comical. about it, but this is the kind of regula- jobs and compete in the marketplace. The fact of the matter is, when I met tion that has an untold number of con- If a person wishes to bring a horse with this young soldier and his wife sequences on small businesses. into an establishment, then the request and their two kids, he talked about While I recognize the imperative and should be dealt with on a case-by-case how it just made him feel whole that the need that some unfortunate Ameri- basis, not through some new Federal he could go get the newspaper from out cans go through in having to deal with mandate. Ironically, even the Minia- in front of the house, that he could go things, there comes a point where we ture Horse Association—and I’m sure to the store. have to stand up and say wait a sec, all good Americans subscribe to the So the idea that this is some new pol- wait a sec, wait a sec. Do we really magazine put out by the American icy of the Obama administration is need to allow service horses into air- Miniature Horse Association—but their false, number one. Number two, it’s re- planes, into hotels and into restaurants president, Harry Elder, has looked at stricting an overly broad set of allow- just to accommodate a particular per- this. He does not condone the use of ances in this regard, and it restricts it son? these horses as a replacement for guide to only two types of animals, both of This amendment would prohibit dogs. In fact, he has said: which can be used by people who are funding from the implementation of The American miniature horse can readily disabled. yet another costly Federal regulation. be trained to be led or driven, but in most So I would hope that the House, even The regulation would require busi- cases it would not make a suitable replace- those in the majority who seem to find, nesses and restaurants to admit service ment for an animal such as a guide dog. for some reason, challenges in this bill, horses in the same way they admit So there is an association that deals in particular with the provisions that service dogs into their areas of oper- with these miniature horses. Even that they want to go after that allow dis- ation. I wish I didn’t have to bring up association and the president is saying abled people to use pools—and we heard this amendment; but since the admin- this is not a wise move. yesterday how every group in the vet- istration has now put this into a rule, If the body feels that this is an im- erans associations around our country we’re going to have to introduce this perative thing to do, I suggest a Mem- opposed this effort yesterday on the amendment. ber of Congress be brave enough to in- pool access, and now we’re here talking

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6436 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 about whether or not people who have I yield back the balance of my time. Profiling is also wrong because it is lost their sight or are disabled can The Acting CHAIR. The question is not good policing. Profiling is an un- have a guide animal. on the amendment offered by the gen- thinking, lazy, unprofessional approach So I oppose the amendment. I hope tleman from Utah (Mr. CHAFFETZ). to police work and intelligence work, the House rejects it. The amendment was agreed to. and it only raises the risk that the real Mr. CHAFFETZ. Will the gentleman AMENDMENT OFFERED BY MR. HOLT plot will slip through the cracks. In- yield? Mr. HOLT. Mr. Chairman, I have an deed, profiling is counterproductive. Mr. FATTAH. I yield to the gen- amendment at the desk. The sloppiness of the NYPD surveil- tleman from Utah. The Acting CHAIR. The Clerk will re- lance effort was such that several non- Mr. CHAFFETZ. I do want to indi- port the amendment. Muslim establishments were labeled as cate that I believe it was in March that The Clerk read as follows: being owned by Muslims and, contrary the Department of Justice title III reg- At the end of the bill (before the short to the blanket assertions by some that ulations issued a new ruling. So, we title), insert the following: the tactics have kept New York City may disagree on what to do with this. SEC. ll. None of the funds made available safe, the NYPD failed to uncover two Mr. FATTAH. Reclaiming my time, by this Act may be used by the Department actual plots against New York City, you are aware, I assume, that this rul- of Justice in contravention of any of the fol- those perpetrated by Faisal Shahzad lowing: ing was a restriction from a much and Najibullah Zazi. broader ruling that allowed any type of (1) The Fifth and Fourteenth Amendments to the Constitution of the United States. In Shahzad’s case, the FBI was animal, including monkeys—and I can surveilling both the mosque he at- go into the different other animals if (2) Title VI of the (42 U.S.C. 2000d et seq.) (relating to non- tended and the Muslim Student Asso- you’d like. discrimination in federally assisted pro- ciation of his accomplice. In Zazi’s I yield to the gentleman from Utah. grams). case, the NYPD actually took actions Mr. CHAFFETZ. I would disagree (3) Section 809(c)(1) of the Omnibus Crime with that assessment. This is a new that let Zazi be tipped off about the Control and Safe Streets Act of 1968 (42 FBI’s investigation. regulation, and it has led to lawsuits U.S.C. 3789d(c)(1)) (relating to prohibition of that have already started to happen. discrimination). The NYPD’s surreptitious, uncoordi- One news report is of a lawsuit in Cali- (4) Section 210401(a) of the Violent Crime nated, and unprofessional approach to fornia. Control and Law Enforcement Act of 1994 (42 counterterrorism prevention within Mr. FATTAH. Let me reclaim my U.S.C. 14141(a)) (relating to unlawful police the American Muslim community time just so we can clarify this one pattern or practice). shows that they have learned nothing matter of fact here, okay, in that the Mr. HOLT (during the reading). Mr. from the lessons elucidated from the regulation prior to this adjustment al- Chairman, I ask unanimous consent 9/11 Commission’s report. lowed for service animals of any type— that the amendment be considered as Now, let me be clear. This amend- including a dog, a horse, monkey, bird, read. ment is not aimed solely at one par- rat—trained to assist and alert, okay, The Acting CHAIR. Is there objection ticular law enforcement organization. that’s number one. So this is a move by to the request of the gentleman from Over the decades, law enforcement the Obama administration to restrict New Jersey? agencies across the country have it to two types of animals. So I just There was no objection. profiled against African Americans, want the House to be able to operate The Acting CHAIR. The gentleman is Hispanics, and other minorities. In- off of actual information because this recognized for 5 minutes. deed, the Department of Justice has is an effort to both help those who are Mr. HOLT. Mr. Chairman, the pur- specific guidance prohibiting this prac- disabled, and also to avoid unnecessary pose of this amendment is simple: To tice because it has become widespread, circumstances in which regulations are prohibit any Federal funds from flow- and it has conducted litigation against too broad. ing to law enforcement organizations Police Departments for using race or Mr. CHAFFETZ. Will the gentleman that engage in any form of racial, eth- ethnicity to target citizens for arrest yield? nic, or religious profiling. in California, Pennsylvania, Illinois, Mr. FATTAH. I would be glad to It’s been a matter of concern for dec- and other States. yield. ades among minority communities My amendment would ensure that no Mr. CHAFFETZ. I would be happy to when policing organizations engage in Federal funds are flowing to any law work with you on that. I do disagree profiling, but recent events have enforcement entity that the Depart- with that assessment and that reading brought the problem into sharp focus. ment has identified as engaging in ra- of it. b 2040 cial, ethnic, and religious profiling. Mr. FATTAH. Let me reclaim my Racial, ethnic and religious profiling time. This is not an assessment; this is Starting last August, the Associated by police is not something taxpayer a fact. So, this was the regulation. The Press published a series of disturbing dollars should be spent for. I urge my new regulation retreats and constrains stories about the systematic racial, colleagues to support this amendment. the regulation to two animals versus a ethnic, and religious profiling con- I yield back the balance of my time. multiplicity of animals. ducted by the New York City Police PEOPLE FOR THE AMERICAN WAY, Mr. CHAFFETZ. If the gentleman Department against Muslim and Arab Washington, DC, May 9, 2012. will yield. Americans in New York, New Jersey, U.S. HOUSE OF REPRESENTATIVES, Mr. FATTAH. I’d be glad to yield. Connecticut, Pennsylvania, and Lou- Washington, DC. Mr. CHAFFETZ. I simply disagree isiana. DEAR MEMBER OF CONGRESS: On behalf of with that assessment. We’ll have to In September of last year, I asked the the hundreds of thousands of members of Department of Justice to investigate People for the American Way, I urge you to agree to disagree, and I look forward to support Representative Holt’s amendment to working with you. what we now know was a pattern of H.R. 5326, the Commerce, Justice, Science, Mr. FATTAH. Reclaiming my time, surveillance and infiltration by the and Related Agencies Appropriations Act, because we’re not talking about an as- New York Police Department against 2013. A vote is anticipated this afternoon. sessment, I want the House to be aware innocent American Muslims in the ab- This amendment would prohibit federal of that. This is not the appropriate sence of a valid investigative reason. funds made available through the act to be place to deal with this matter. But if These Muslim communities were used for programs or activities that involve we insist on it, I would hope that we mapped, infiltrated, and surveilled sim- racial, ethnic, or religious profiling by any would err on the side of that young ply because they were Muslim. federal, state, or local law enforcement orga- nization. brave soldier who risked his life on be- Profiling is wrong. Profiling on the Such profiling undermines America’s sta- half of our country, and that he should basis of the race, ethnicity, and reli- tus as a nation founded on Equal Justice have whatever assistance that can be gion is a violation of core constitu- Under Law. The story of America is one of a provided. tional principles. nation founded on timeless ideals of liberty

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6437 and equality, and struggling generation after Racial and religious profiling fuels divi- cial profiling. Thank you in advance for your generation to make those principles real for siveness by casting suspicion over an entire attention to this NAACP priority. Should those not included. Society’s ‘‘outsiders’’ are religious community, perpetuating discrimi- you have any questions or comments, please brought in and made to know that they in nation against religion generally and reli- do not hesitate to contact me at my office at fact belong to the community that is Amer- gious minorities in particular. (202) 463–2940. ica. Profiling damages that process. It sends Protecting religious freedom is most crit- Sincerely, a powerful message to entire communities ical in times of crisis and controversy. Most HILARY O. SHELTON, that they are, in fact, not quite the equal law enforcement agents discharge their du- Vice President for Advocacy / Director, members of society that we said they were. ties honorably, and do not engage in racial NAACP Washington Bureau. It tells them that their very existence raises and/or religious profiling. Prior to 9/11, both suspicions. It harms the individuals profiled, Mr. KING of New York. I move to Congress and President George W. Bush strike the last word. as well as those who live in constant appre- made a commitment to end the practice of hension of being profiled. The practice un- racial profiling. However, the September The Acting CHAIR. The gentleman is dermines our nation’s principles, and our 11th attacks caused a dramatic rise in the in- recognized for 5 minutes. federal government should not be funding it. appropriate profiling of Arabs, Muslims, Mr. KING of New York. Mr. Chair- Profiling does not even produce the bene- Sikhs, and South Asians. This profiling man, I must say that I strongly oppose fits that it is purported to provide: It is based on religion, race, ethnicity, and na- this amendment, and I disagree with counterproductive. When limited law en- tional origin continues to persist today. virtually every word spoken on the forcement resources are spent targeting in- Again, please vote YES on Rep. Holt’s nocent people simply because of their real or floor tonight by the gentleman from amendment to H.R. 5326 and affirm our fun- perceived race, ethnicity, or religion, that is New Jersey. damental moral and democratic values of not an efficient use of resources. Nor is it ef- equal protection and religious liberty while Let’s understand one thing. The ficient to alienate entire communities, mak- making our nation safer by ending this prac- NYPD has the most effective counter- ing them feel resentful toward or fearful of terrorism unit in the country. There law enforcement. People living in America tice now. Please call Deputy Director for should be able to rely on law enforcement as Public Policy Arielle Gingold with any ques- are 1,000 police working day in and day a partner in making their lives safer. But tions at 202–238–3266. out. As a result of that, almost 13 or 14 those who feel unfairly targeted by profiling Sincerely, attempts, terrorist attempts, Islamist will be far less likely to cooperate with law REV. DR. C. WELTON GADDY, terrorist attempts to attack New York enforcement when their cooperation is need- President, Interfaith Alliance. have been stopped. ed, whether it is a case of local violent crime Now, let’s get something straight. NATIONAL ASSOCIATION FOR THE or national security. That does not make our The President’s Homeland Security Ad- nation or our communities safer. ADVANCEMENT OF COLORED PEOPLE, A practice that undermines both our prin- Washington, DC, May 9, 2012. visor, John Brennan, recently visited ciples and our safety is not one that the fed- Re: NAACP Strong Support for the Anti-Ra- with the NYPD. During that meeting, eral government should be funding. We urge cial Profiling Amendment to be Offered or following that meeting, Mr. Bren- you to vote for Representative Holt’s amend- by Congressman Rush Holt (NJ) to H.R. nan, President Obama’s Homeland Se- ment. 5326, A Bill Making Appropriations for curity Advisor, stated: the Departments of Commerce, Justice Sincerely, I have full confidence that the NYPD is ARGE BAKER, and State. M doing things consistent with the law, and it’s Executive Vice Presi- Hon. MEMBERS, something that again has been responsible dent for Policy and U.S. House, for keeping this city safe over the past dec- Program. Washington, DC. ade. PAUL R. GORDON, DEAR REPRESENTATIVE: On behalf of the Senior Legislative NAACP, our nation’s oldest, largest and Mr. Brennan, the President’s Home- Counsel. most widely-recognized grassroots-based land Security Advisor went on to say: civil rights organization, I strongly urge you If we are going to have the ability to iden- INTERFAITH ALLIANCE, to support Congressman Rush Holt’s (NJ) tify and stop terrorist operatives and ter- Washington, DC, May 9, 2012. amendment to H.R. 5316, the Commerce, Jus- rorist attacks here on our shores, the na- Re Interfaith Alliance Recommends Voting tice, State, and Related Agencies Appropria- tional government cannot do it alone. The YES on Rep. Holt Amend. to H.R. 5326. tions Act 2013. Congressman HOLT’s amend- NYPD is a model of how a community can DEAR REPRESENTATIVE: On behalf of Inter- ment would prohibit federal funding for pro- come together. faith Alliance, I urge you to vote YES on grams or activities that involve racial, eth- He closed by saying to the NYPD: Rep. Rush Holt’s (D–NJ–12) amendment to nic, or religious profiling by any federal, H.R. 5326, the Commerce, Justice, Science, state, or local law enforcement organization. You have had a very difficult job. I think and Related Agencies Appropriations Act of Racial profiling betrays the fundamental you’ve done it very well. The success is in 2013. A recorded vote on this amendment is American promise of equal protection under the record in terms of keeping your city safe. anticipated on the House floor today. The the law and infringes on the Fourth Amend- In addition to that, FBI Director amendment states: ment guarantee that all people be free from Mueller has stood by the NYPD, said ‘‘None of the funds made available in this unreasonable searches and seizures. Such that they are in full compliance with Act may be used for programs or activities discriminatory law enforcement practices the law. CIA Director Petraeus, there that involve racial, ethnic, or religious have no place in American life and certainly was an IG inspection done, that the should not be supported by federal funds. Ra- profiling by any Federal, state, or local law NYPD’s relationship with the CIA was enforcement organization.’’ cial profiling targets individuals not because of evidence of criminal activity but because in full compliance with the law. As the only national, interfaith organiza- These slanderous attacks by the As- tion dedicated to protecting the integrity of of the individuals’ perceived race, ethnicity, both religion and democracy in America, nationality or religion. It diverts limited law sociated Press and The New York Interfaith Alliance supports Rep. Holt’s enforcement resources away from more ef- Times cannot point out one instance of amendment because: fective strategies. Racial profiling also a law being violated or one provision of Racial and religious profiling is an affront causes resentment in targeted communities the Constitution being violated. to the principle of religious freedom on and makes people in those communities less We should be here tonight giving the which our nation was founded. Profiling indi- likely to cooperate in crime prevention re- NYPD a medal. We sit here, 101⁄2 years viduals simply because they belong, or ap- porting or investigations. When individuals pear to belong, to a particular religious com- and communities fear the police, they are after September 11, and the most effec- munity turns First Amendment-protected less likely to call law enforcement when tive law enforcement, counterterror- beliefs and activities into cause for sus- they are the victims of crime or in emer- ism unit in the country is being at- picion. gencies. Creating a climate of fear com- tacked? We are attempting to cite the Racial and religious profiling undermines promises public safety and limits the ability Constitution and provisions of law as Americans’ trust in those sworn to protect of law enforcement officials to effectively somehow an attack on the NYPD, when them. Numerous studies have shown that carry out their responsibilities. Such coun- no one complies with these more than singling out individuals for investigation terproductive law enforcement practices based solely on their appearance is ineffec- should never receive federal support. the NYPD. tive and dishonest, alienates racial and reli- As I stated earlier, I hope that you will And again, we go through, whether gious minorities, and diminishes cooperation support the Holt amendment to H.R. 5326 and it’s Director Petraeus, whether it’s Di- and effective law enforcement. help address the very serious problem of ra- rector Mueller, or whether it’s the

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6438 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 President of the United States, his own late the Constitution of the United as profiling. My colleague from New Homeland Security advisers have said States, the Fifth and the 14th Amend- York and my colleague from Pennsyl- this. ment, so I’m sure there will be those vania can say, well, of course every- Now, I work closely with the NYPD, who want to adhere to it. body is operating under the law. those in New York, whether it’s Mayor But this is not the appropriate place Mr. FATTAH. In reclaiming my time, Bloomberg, whether it’s City Council to be dealing with this issue. This is an I didn’t say that. I understand, from President Christine Quinn. She’s a appropriations bill. We’ve had dozens of the press reports one could consider Democrat; he’s an independent. Both riders, one after another, with people this profiling. All I am suggesting to stand by the NYPD because of what trying to get at other issues. you is that this is not the appropriate they have done. Now, there is no instance, no matter vehicle for us to deal with it. Profiling And to think that the most effective what the purpose, under which we would be improper, and I believe the organization is being attacked by the should be condemning law enforcement Justice Department has articulated Associated Press, The New York when they are carrying out appropriate that their position is not to profile. Times, and those attacks are being responsibilities, and they should be Mr. HOLT. Will the gentleman yield? joined here on the floor of the Congress given the benefit of the doubt. In the Mr. FATTAH. I will be glad to yield of the United States, without one fact same instance, we have a responsibility to the gentleman from New Jersey. to back them up. There is no spying. to uphold the Constitution. The Con- Mr. HOLT. I would hope that the gen- All this is good police work. stitution is clear in its delineation that tleman would find a place for this in- The reality is we’re not going to sit you can’t discriminate. struction to the Department of Justice back like we did on September 11 and And we shouldn’t—it’s not good law in order to make sure that the recipi- allow the enemy to come. If we know enforcement practices, no matter who ents of their grants do what they are, that an attack is coming and we’re you’re looking for, to act in ways in indeed, supposed to do. We’re talking told, for instance, that operatives are which you close your eyes to other pos- about money spent. We should make coming from a particular country and sibilities. If you’re looking for terror- sure that the taxpayer money is spent there’s a community in New York City ists, they don’t come in any particular for good policing. Mr. FATTAH. I thank the gentleman. where those people live, then obviously subset or group. And I know that wise As I indicated, I commend you for rais- you go, you conduct open surveillance. law enforcement is aware of this, and ing this issue. I know it’s unpopular in No one’s talking about any violations that they look across the board at to the Constitution. some areas. what the vulnerabilities may be. I’m just suggesting that, when in an I remember years ago when the Jus- I want to thank the gentleman from appropriations bill, a rider like this, tice Department was going after the New Jersey for his steadfastness in try- dictating to the Department that it Mafia, they went to the Italian Amer- ing to protect against religious bigotry should comply with the Constitution is ican communities. When they were or ethnic discrimination or uninten- similar to some other amendments going after the Westies, they went to tional stepping across the line, how- we’ve seen today. I believe that the De- the Irish American communities. When ever one might want to look at this. partment has an ongoing, everyday re- you’re looking for the Russian mob, But, again, this is a bill in which we’re sponsibility to comply with the Con- you go to the communities in Coney Is- trying to deal with the appropriation stitution. land and Brighton Beach. That’s where of Federal dollars for needed law en- I yield back the balance of my time. the enemy comes from. forcement activity. Mr. WOLF. I move to strike the req- Ninety-nine percent of the people are Mr. HOLT. Will the gentleman yield? uisite number of words. law-abiding. But if you’re looking for Mr. FATTAH. I would be glad to The Acting CHAIR. The gentleman the person who is going to that com- yield to the gentleman. from Virginia is recognized for 5 min- munity to carry out a crime, you look Mr. HOLT. Thank you. utes. in that community. If you’re looking This is completely consistent with an Mr. WOLF. I share the comments for an Islamic terrorist, you don’t go to appropriations bill for the Department made by Mr. FATTAH and by my friend Ben’s Kosher Deli. When they were of Justice. Just as we have spent dec- from New York (Mr. KING). looking for the Italian mob, they didn’t ades getting away from the practice of At every hearing we have, we raise go to an Irish bar. They went to the harassing people for driving while this issue with Director Mueller. Direc- Italian social clubs. black, we’ve got to get away from the tor Mueller may be the best—not one This is solid law enforcement. That’s practice of harassing people for shop- of the best—the best Director that not profiling. That’s an abuse of the ping while Muslim. we’ve ever had at the FBI. I think Di- term ‘‘profiling’’ to even suggest that. b 2050 rector Mueller has stood with the So I cannot be more emphatic or NYPD. He had an opportunity to speak stronger in my denunciation of this Mr. FATTAH. In reclaiming my time, and to say something negative. He did amendment, calling for its defeat and the point here is that, with every dol- not. urging people to stand by the NYPD, lar that we appropriate to the Depart- My good friend—and he is my friend. which has kept New York safe for 101⁄2 ment of Justice, we operate under the I think we throw words around there, years. belief that they’re carrying out their but I like RUSH HOLT, and he knows I went to too many funerals. I at- constitutional responsibilities, so a how I feel about him. Yet this is not a tended too many wakes. I lost too limitation that says that they have to good amendment, and it almost makes many constituents. I’m not going to operate within the Constitution, at the FBI or the NYPD look like they’re allow it to happen so long as I’m in best, is somewhat redundant. doing something wrong. It’s one thing this Congress. Mr. HOLT. Will the gentleman yield? to have a colloquy on the floor, but an- I oppose this amendment. Mr. FATTAH. I yield to the gen- other to have an amendment that The Acting CHAIR. The gentleman’s tleman from New Jersey. looks like it’s a direct kind of attack time has expired. Mr. HOLT. Reference was made to on it after. I looked at the original Mr. FATTAH. I move to strike the the Deputy National Security Advisor amendment, and you had to kind of last word. of President Obama’s, Mr. Brennan. change it for it to be in order. The Acting CHAIR. The gentleman What Mr. Brennan actually said was Secondly, I think Ray Kelly is one of from Pennsylvania is recognized for 5 that, for the NYPD to be effective, the finest police chiefs we’ve ever had minutes. they need the cooperation of the Mus- in the country, and if you were an Mr. FATTAH. This is a well-inten- lim community. In fact, if you talk NYPD policeman, you would see this tioned issue in the sense that all this with the Muslim community, they are and think. amendment says is that none of the not only outraged by this behavior; Thirdly, to validate what Mr. KING funds in this bill should be used to vio- they are intimidated by it. They see it said, I will read here:

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6439 President Barack Obama’s top counterter- think Mr. Brennan is actually a con- At the end of the bill (before the short rorism adviser praised the New York Police stituent who lives in my congressional title), insert the following: Department’s work Friday, saying the agen- district. He has a pretty distinguished SEC. ll. None of the funds made available by this Act may be used to carry out the ac- cy has struck an appropriate balance be- career in having been our station chief tween keeping people safe and protecting tivities of the Climate Change Education their rights. in Saudi Arabia and the head of the program of the National Science Foundation. Counterterrorism Center, and he prob- We have to remember Major Hasan The Acting CHAIR. The gentleman ably knows more about terrorism than was responsible for the death of 13 peo- from Minnesota is recognized for 5 min- any Member here in the Congress but ple, and there were targets and signs utes. for, perhaps, Mr. ROGERS or Mr. RUP- that nobody wanted to kind of identify. Mr. CRAVAACK. I rise today to offer PERSBERGER. As Mr. KING said, there are about 180 an amendment that would prohibit any Secondly, Director Mueller, I main- more funding going to a duplicative people from my congressional district tain, is one of the best Directors. Di- who died in the attack at the Pen- program. I’d like to think that every- rector Mueller is an honest, decent, one in this room is well aware that we tagon. ethical guy, who cares deeply with re- Brennan goes on to say: are $15.7 trillion in debt. gard to civil rights. Mr. SERRANO is not It is not a trade-off between our security here, but God bless Mr. SERRANO. At b 2100 and our freedoms and our rights as citizens, every hearing, Mr. SERRANO always Our spending is out of control. We John Brennan said Friday at an appearance at NYPD headquarters. bears in to make sure that the FBI is are simply spending money we don’t I believe that balance that we strike has doing things appropriately. I believe have and massively indebting future been an appropriate one. We want to make they are, and he validated what the generations of Americans. sure that we’re able to optimize our security NYPD did. The GAO reports duplicative U.S. at the same time we optimize those freedoms It’s just not a good idea to be attack- Government programs costs billions of we hold and cherish so deeply. ing our law enforcement and saying dollars. Thirteen agencies fund 209 dif- Brennan’s comments represent a this when they’re actually doing a good ferent science, technology, engineer- stamp of approval of the job. So I stand with Mr. FATTAH, and I ing, and math education programs. Of NYPD’s tactics. For months, the stand with Mr. KING. those programs, 173 overlap with at Obama administration has sized up the The Acting CHAIR. The time of the least one other program. We have to be question about the NYPD surveillance gentleman from Virginia has expired. responsible for how the government program while insisting on the impor- (On request of Mr. FATTAH, and by spends Americans’ hard-earned tax dol- tance of building partnerships with unanimous consent, Mr. WOLF was al- lars. We cannot afford to borrow money American Muslims. lowed to proceed for 2 additional min- to fund duplicative programs that are Then it goes on to say: utes.) already under the purview of estab- City officials said the police department Mr. WOLF. I yield to the gentleman lished agencies and protocols. has done nothing illegal and argued that the from Pennsylvania. The Climate Change Education pro- NYPD would have endangered the city it is Mr. FATTAH. I thank the chairman gram at the National Science Founda- charged with protecting if it did not take for yielding. tion duplicates education programs al- such preventative measures. Officers cannot It is not inconsistent for us to want ready in place. Currently, worthy re- wait to open an investigation until a crime to have support for law enforcement search proposals are subject to rig- is committed, they argue. Police Commis- and also that the Constitution be fol- orous peer-reviewed processes. The Cli- sioner Raymond Kelly has said it is a lowed. We have access to law enforce- mate Change Education program sets mischaracterization to describe the depart- ment. If you want them to come in and aside money for a specific purpose, ment’s tactics as spying. brief you on these tactics and to talk which is already covered in inter- I will close with this: this thing through, that’s fine; but I agency education programs. This is In a speech to the police department’s offi- don’t believe that we should take a po- just more Big Government and a waste cials and representatives from private secu- sition of all the angels on one side. To of taxpayer dollars. rity firms, Brennan then went on to say, The Last year, the Climate Change Edu- NYPD’s counterterrorism work was essential the contrary, there is no police depart- to the safety of the Nation’s citizens. ment that’s perfect. cation program funded partnerships The point here is that the effort is among K–12 education, related non- So I agree with Mr. KING, and I agree one, I believe, to comply with the con- profit organizations, and relevant edu- with Mr. HOLT. stitutional restrictions that you do not cation and/or climate-related policy- Mr. HOLT. Will the gentleman yield? makers. This year, however, the pro- Mr. WOLF. I yield to the gentleman operate without due process and prob- gram has morphed into the Sustain- from New Jersey. able cause. Let’s see if we can find a ability Research Network to create Mr. HOLT. Since you refer to the way other than with this amendment new interdisciplinary learning experi- Deputy National Security Advisor, it’s to see if we can get to the heart of this. Mr. WOLF. I yield back the balance ences for graduate and undergraduate worth pointing out that a couple of of my time. students, as well as literacy programs. days later the White House felt it nec- The Acting CHAIR. The question is In the military, we call this mission essary to back away from his com- on the amendment offered by the gen- creep. ments and to say: tleman from New Jersey (Mr. HOLT). The National Science Foundation John, in his remarks, wasn’t referring to The question was taken; and the Act- funds basic research and serves as an the NYPD surveillance. ing Chair announced that the noes ap- engine of our innovation economy. Of course he was, but they had to say peared to have it. However you feel about global warm- he wasn’t because he had misspoken. Mr. HOLT. Mr. Chairman, I demand a ing, that is not the debate here today, Rather, he was stating that everyone recorded vote. though I look forward to engaging in in the counterterrorism and law en- The Acting CHAIR. Pursuant to that in the future. forcement community must make sure clause 6 of rule XVIII, further pro- This amendment addresses a duplica- that we are doing things consistent ceedings on the amendment offered by tive program that is not necessary and with the law. the gentleman from New Jersey will be is costing the taxpayers money we sim- In other words, Mr. Brennan was out postponed. ply don’t have. We need to prioritize of bounds, and the White House had to AMENDMENT NO. 7 OFFERED BY MR. CRAVAACK innovation and research and NSF, and walk that back. So I wouldn’t, if I were Mr. CRAVAACK. Mr. Chairman, I eliminate duplicative education pro- you, choose his endorsement of these have an amendment at the desk. grams that do nothing to improve the NYPD activities as the best argument The Acting CHAIR. The Clerk will economic outlook of our future. We against my amendment. designate the amendment. need to get back to the basics. Mr. WOLF. In reclaiming my time, I The text of the amendment is as fol- I ask all of my colleagues to join me do take Mr. Brennan at his word. I lows: in this commonsense amendment in

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6440 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 ending a duplicative program that is program and a waste of the taxpayer County sheriff’s office followed garbage wasting taxpayer dollars and further dollars. trucks and found Somer’s body in a indebting future generations. Mr. YOUNG of Alaska. Mr. Chair- Georgia landfill 2 days later. Thanks to Mr. Chair, I yield back the balance of man, I yield back the balance of my this quick thinking, her killer was cap- my time. time. tured and will never harm another Mr. FATTAH. Mr. Chairman, I move The Acting CHAIR. The question is child. to strike the requisite number of on the amendment offered by the gen- Investigations like this one cost a lot words. tleman from Minnesota (Mr. of money. Overtime, lab tests, travel The Acting CHAIR. The gentleman CRAVAACK). costs, and numerous unforeseen ex- from Pennsylvania is recognized for 5 The question was taken; and the Act- penses can blow even the most prudent minutes. ing Chair announced that the ayes ap- budget. Small communities simply Mr. FATTAH. Mr. Chair, I oppose peared to have it. lack the resources to pursue investiga- this amendment. Mr. FATTAH. Mr. Chair, I demand a tions on this scale. The sheriff told me Climate change is a big issue in the recorded vote. he had exhausted his budget for the world we live in. It affects our econ- The Acting CHAIR. Pursuant to year on overtime just for this one case. omy, our ability to move goods. We’ve clause 6 of rule XVIII, further pro- I did what I could to help scrape to- had the most severe weather season ceedings on the amendment offered by gether grants from other sources, but we’ve had in history over the last 12 the gentleman from Minnesota will be this program would have filled the gap. months at a cost of a billion-plus dol- postponed. By the way, the sheriff and almost ev- lars. Our ability to understand the AMENDMENT OFFERED BY MS. BROWN OF eryone in Clay County is a Republican, weather and the climate and its impact FLORIDA but this is not about party. It’s about on business and industry and agri- Ms. BROWN of Florida. Mr. Chair- doing what is right. In an era when culture is critically important. I think man, I have an amendment at the desk. local government can barely afford the that the National Science Founda- The Acting CHAIR. The Clerk will re- police they have, a major crime can tion—which is an entirely merit-based port the amendment. wipe them out and leave the commu- system of scientific awards in which The Clerk read as follows: nity more vulnerable. The basic pur- they fund less than one out of every At the end of the bill (before the short pose of government is to protect the five meritorious pieces of research pro- title), insert the following: citizens. This amendment will make posals. There is absolutely no politics. SEC. ll. The amount made available by sure police can do it without worrying The National Science Board, which is this Act For ‘‘Department of Justice—Office about a crisis that will break their confirmed by the Senate, reviews these of Justice Programs—State and Local Law budget. proposals, they make selections. The Enforcement Assistance’’ for emergency fed- eral law enforcement assistance, as author- Mr. WOLF. Will the gentlelady yield? idea that we don’t want to know more ized by section 609M the Justice Assistance Ms. BROWN of Florida. I yield to the or learn more, I think is interesting. I Act of 1984 (42 U.S.C. 10513; Public Law 98– gentleman from Virginia. would hope that the House would reject 473) is hereby increased by $20,000,000 and the Mr. WOLF. We have a little concern, that, and that what we would do is amount otherwise provided by this Act for but we are going to accept the amend- seek knowledge as a way to retain our PERIODIC CENSUSES AND PROGRAMS ment with the idea we can work as we global leadership as the leading Nation AND STATISTICS is hereby reduced by go to conference. We will accept the in the world. $20,000,000. amendment. Mr. Chair, I yield back the balance of Ms. BROWN of Florida (during the Mr. FATTAH. If the gentlewoman my time. Reading). I ask unanimous consent to will yield, I thank the chairman, and I Mr. YOUNG of Alaska. Mr. Chair- dispense with the reading. thank the gentlelady from Florida. man, I move to strike the last word. The Acting CHAIR. Is there objection Ms. BROWN of Florida. With that, The Acting CHAIR. The gentleman is to the request of the gentlewoman Mr. Chairman, I yield back the balance recognized for 5 minutes. from Florida? of my time. Mr. YOUNG of Alaska. I yield to the There was no objection. The Acting CHAIR (Mr. REED). The gentleman from Minnesota. The Acting CHAIR. The gentlewoman question is on the amendment offered Mr. CRAVAACK. Mr. Chairman, re- is recognized for 5 minutes. by the gentlewoman from Florida (Ms. garding duplicative programs—again, Ms. BROWN of Florida. Mr. Chair- BROWN). this is about duplicative programs. The man and Members of the House, I’m The amendment was agreed to. National Science Foundation already very excited that finally we have an funds STEM education and even cli- amendment that I think everybody can b 2110 mate-change education programs in support since everyone supports law Mr. YOUNG of Alaska. Mr. Chair- the Directorate for Education and enforcement. man, I move to strike the last word. Human Resources with worthy peer-re- This amendment fully funds the The Acting CHAIR. The gentleman is viewed proposals. Emergency Federal Law Enforcement recognized for 5 minutes. Total U.S. spending for the U.S. Assistance Program in the amount of Mr. YOUNG of Alaska. Mr. Chair- Global Change Research program for 13 $20 million. This program was designed man, in lieu of an amendment, I would agencies is more than $2.5 billion, pri- to help local government respond to ex- like to take this time to engage the marily at NASA, NOAA, and NSF. NSF traordinary law enforcement emer- subcommittee chairman in a colloquy spending for the U.S. Global Change gencies after they have exhausted their about the importance of our Nation’s Research program is over $333 million. own budgets. The Emergency Law En- fisheries management commissions. NSF spending for education is $1.2 bil- forcement Assistance Program author- Mr. Chairman, I rise today to express lion a year. Climate change education izes the Attorney General to provide my support for funding our Nation’s can be addressed through NSF climate funds, equipment, training, intel- fisheries management commissions and research activities and NSF education ligence, and personnel to alleviate the the good work they do to help keep activities. There is no need to fund ad- financial impact of unforeseeable emer- more fish in our waters. NOAA’s Inter- ditional special climate-change edu- gency law enforcement situations. Jurisdictional Fisheries Act, IJFA, cation programs. This program was authorized in 1984 program supports the conservation and This newer program under the Obama but has not been funded since 1996. Had management of fish species which administration is currently funded at it been funded, this program would occur in both Federal and State $10 million a year, $5.5 million from the have helped a community in my dis- waters. Funding for this program is Education Directorate and $4.5 million trict. In October of 2007, a 7-year-old used to support conservation and man- from several research directorates as girl, Somer Thompson, went missing agement tasks not currently being un- identified. Again, this is a duplicative on her way home from school. The Clay dertaken by NOAA or the Regional

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6441 Fishery Management Councils. Simi- United States Attorneys’’ (and the amount Institute of Standards and Technology; In- larly, fisheries commissions on the At- provided under such heading for official re- dustrial Technology Services’’ (and the lantic, Pacific, and gulf coast represent ception and representation expenses) by amount provided under such heading for the an important bottom-up stakeholder $3,600; Manufacturing Extension Partnership) by (8) reducing the amount made available $443,000. approach to managing our Nation’s under the heading ‘‘Department of Justice; Mr. GARAMENDI (during the read- many fisheries and often develop inno- United States Marshals Service; Salaries and vative programs to enhance America’s ing). Mr. Chairman, I ask unanimous Expenses’’ (and the amount provided under consent to dispense with the reading. fisheries resources. such heading for official reception and rep- The Acting CHAIR. Is there objection I yield to the gentleman from Vir- resentation expenses) by $3,000; to the request of the gentleman from ginia. (9) reducing the amount made available California? Mr. WOLF. I thank the gentleman under the heading ‘‘Department of Justice; Federal Bureau of Investigations; Salaries There was no objection. from Alaska. We will work with the The Acting CHAIR. The gentleman other body to ensure that these pro- and Expenses’’ (and the amount provided under such heading for official reception and from California is recognized for 5 min- grams are adequately funded. representation expenses) by $98,640; utes. Mr. YOUNG of Alaska. Thank you, (10) reducing the amount made available Mr. GARAMENDI. Mr. Chairman, day Mr. Chairman. under the heading ‘‘Department of Justice; after day, or at least week after week, In these tight budgetary times, hard Drug Enforcement Administration; Salaries my colleagues and I are here on the choices must be made, and we should and Expenses’’ (and the amount provided floor talking about jobs. It is about ensure that we do our utmost to put under such heading for official reception and jobs and jobs and jobs again. Our agen- funds back into productive programs representation expenses) by $45,000; (11) reducing the amount made available da, which we call ‘‘Make It in Amer- that increase the sustainability of fish- ica,’’ is an agenda that would rebuild eries and benefit the States, and the under the heading ‘‘Department of Justice; Bureau of Alcohol, Tobacco, Firearms and the American manufacturing sector, a IJFA and councils and commissions ac- Explosives; Salaries and Expenses’’ (and the sector that has lost about 40 percent of counts are areas where current pro- amount provided under such heading for offi- its jobs in the last 20, 25 years from grams are producing proven results for cial reception and representation expenses) just under 20 million to just over 11 fisheries’ sustainability. by $18,000; million Americans who are working in I yield back the balance of my time. (12) reducing the amount made available manufacturing today. AMENDMENT OFFERED BY MR. GARAMENDI under the heading ‘‘Department of Justice; One of the innovative ways of im- Mr. GARAMENDI. I have an amend- Federal Prison System; Salaries and Ex- penses’’ (and the amount provided under proving manufacturing has been devel- ment at the desk. such heading for official reception and rep- oped. It’s called the Manufacturing Ex- The Acting CHAIR. The Clerk will re- resentation expenses) by $2,700; tension Partnership. It’s actually mod- port the amendment. (13) reducing the amount made available eled after another Federal-State pro- The Clerk read as follows: under the heading ‘‘Science; Office of gram that’s been in existence for more At the end of the bill (before the short Science and Technology Policy’’ (and the than 100 years. Anyone that’s in agri- title) insert the following: amount provided under such heading for offi- culture would recognize the Agricul- SEC. lll. The amounts otherwise pro- cial reception and representation expenses) tural Extension Program. This is the vided by this Act are revised by— by $1,125; (1) reducing the amount made available (14) reducing the amount made available Manufacturing Extension Partnership, under the heading ‘‘Department of Com- under the heading ‘‘Science; National Aero- a program that has actually added an- merce; International Trade Administration; nautics and Space Administration; Cross other feature to the old and still very Operations and Administration’’ (and the Agency Support’’ (and the amount provided successful Agricultural Extension Pro- amount provided under such heading for offi- under such heading for official reception and gram, and that is a public-private part- cial representation expenses abroad) by representation expenses) by $31,709; nership. In this program, the Federal $155,979; (15) reducing the amount made available Government, through the National In- (2) reducing the amount made available under the heading ‘‘Science; National stitute of Standards and Technology, under the heading ‘‘Department of Com- Science Foundation; Agency Operations and merce; Bureau of Industry and Security; Op- Award Management’’ (and the amount pro- runs a program in which funding is pro- erations and Administration’’ (and the vided under such heading for official recep- vided for local, private, or nonprofit or- amount provided under such heading for offi- tion and representation expenses) by $4,140; ganizations to become extension pro- cial representation expenses abroad), by (16) reducing the amount made available gram managers. $6,750; under the heading ‘‘Science; Office of the Na- In California, this has been a very, (3) reducing the amount made available tional Science Board’’ (and the amount pro- very successful program. Some $447 under the heading ‘‘Department of Com- vided under such heading for official recep- million in new retained sales have oc- merce; U.S. Patent and Trademark Office; tion and representation expenses) by $1,250; curred, $128.8 million in new invest- Salaries and Expenses’’ (and the amount pro- (17) reducing the amount made available ments, and some 3,769 jobs have been vided under such heading for official recep- under the heading ‘‘Related Agencies; Equal tion and representation expenses) by $450; Employment Opportunity Commission’’ (and created. (4) reducing the amount made available the amount provided under such heading for Some examples exist throughout under the heading ‘‘Department of Com- official reception and representation ex- California. In southern California, a merce; National Institute of Standards and penses) by $1,125; manufacturer, a small company that Technology; Scientific and Technical Re- (18) reducing the amount made available makes high-tech parts for the aircraft search and Services’’ (and the amount pro- under the heading ‘‘Related Agencies; Inter- industry, has been able to improve vided under such heading for official recep- national Trade Commission; Salaries and Ex- their manufacturing techniques and tion and representation expenses) by $2,500; penses’’ (and the amount provided under have been able to stay in business, and (5) reducing the amount made available such heading for official reception and rep- they now have been very successful in under the heading ‘‘Department of Com- resentation expenses) by $1,125; merce; Departmental Management; Salaries (19) reducing the amount made available bringing down contracts with the air- and Expenses’’ (and the amount provided under the heading ‘‘Related Agencies; Office craft industry. under such heading for official reception and of the United States Trade Representative; In the Bay Area, another program— representation) by $2,250; Salaries and Expenses’’ (and the amount pro- actually run out of San Ramon, near (6) reducing the amount made available vided under such heading for official recep- my district—has been very successful. under the heading ‘‘Department of Justice; tion and representation expenses) by $58,032; This program, called MANEX, has been Legal Activities; Salaries and Expenses, (20) reducing the amount made available very successful working with compa- General Legal Activities’’ (and the amount under the heading ‘‘Related Agencies; State nies in the area. Morgan Hill Precision, made available under such heading to Justice Institute; Salaries and Expenses’’ to be precise, is a company that, again, INTERPOL Washington for official reception (and the amount provided under such head- and representation expenses) by $4,500; ing for official reception and representation is a machine shop. That company has (7) reducing the amount made available expenses) by $1,125; and used the MEP program, the Manufac- under the heading ‘‘Department of Justice; (21) by increasing the amount made avail- turing Extension Partnership, to good Legal Activities; Salaries and Expenses, able for ‘‘Department of Commerce; National success.

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6442 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 Now how do we pay for this? Some facturing, making things in America is amendment ensures that bureaucrats $437,000. We take a little bit from some of importance to our national security don’t purposely reduce the numbers of 20 different parts of the Department of and is important to our economy. available salmon in other streams just Commerce. The result is it’s working. I want to thank you for your leader- to plant them into the San Joaquin We would like to keep it working at its ship. And I also agree with the amend- system and further threaten and en- full level, at last year’s level. The bill ment. danger current runs. before us actually reduces it by 50 per- I will yield back the balance of my Agencies already possess the nec- cent. So we’re adding $437,000 back by time. essary authority to make the right de- taking small amounts from some 20 dif- The Acting CHAIR. The question is cision and delay the reintroduction of ferent programs. on the amendment offered by the gen- salmon into a river that cannot sustain With that, I yield back the balance of tleman from California (Mr. the life cycle of the salmon, but they my time. GARAMENDI). continue to bend to an environmental Mr. WOLF. I move to strike the req- The amendment was agreed to. agenda. More time is needed to build uisite number of words. AMENDMENT NO. 26 OFFERED BY MR. DENHAM the infrastructure required for the San The Acting CHAIR. The gentleman Mr. DENHAM. I have an amendment Joaquin River Restoration Program be- from Virginia is recognized for 5 min- at the desk. fore the river can sustain the salmon utes. The Acting CHAIR. The Clerk will run. Mr. WOLF. I have no objection. I sup- designate the amendment. Finally, even the National Marine port the amendment. It’s appropriate The text of the amendment is as fol- Fisheries Service has doubts about the to reduce the Agency’s representation lows: success of reintroduction. Contained within the final draft of their reintro- funds in this austere fiscal environ- At the end of the bill, before the short ment. Last year, the House and Senate title, insert the following: duction strategies, the Service stated conference committee on the bill re- SEC. ll. None of the funds made available the river would not support full-scale duced every representation account in by this Act may be used to implement sec- reintroduction of the salmon. And, fur- the bill by 10 percent. So I think MEP tion 10011(b) of Public Law 111–11. ther, the Department of the Interior is a great program, and I support the The Acting CHAIR. The gentleman and the Department of Commerce amendment. from California is recognized for 5 min- jointly stated that the completion of I yield back the balance of my time. utes. phase 1 of the restoration project was Mr. FATTAH. I move to strike the Mr. DENHAM. Mr. Chair, the amend- needed before reintroduction of salmon requisite number of words. ment that I’m offering is intended to can be successful. The Acting CHAIR. The gentleman fortify the underlying appropriations This is a very commonsense amend- from Pennsylvania is recognized for 5 bill. Under the bill, the National Ma- ment. The river needs several different minutes. rine Fisheries Service and this amend- projects to be completed for the salm- Mr. FATTAH. I have no higher pri- ment seek to ensure that funding on to even survive. So why would we, ority in the Commerce section of the doesn’t have a detrimental impact on year after year, take salmon off of bill than MEP. I have visited with my district. other tributaries, move them to some- them in their meetings with local man- This amendment was adopted on the where they can’t survive at a huge ex- ufacturers. I visited with them in Or- floor by a voice vote last year and pense to taxpayers? lando with over 1,000 manufacturers added to the Energy and Water appro- Mr. Chairman, it’s a commonsense from around the country. I know inti- priations bill. Further, it was also sup- amendment to prevent taxpayer dollars mately the work that they’re doing. ported in H.R. 1837 earlier this year, from being wasted on killing an endan- The National Innovative Marketplace, and you would have supported what gered species. which the gentleman refers to, has this amendment will achieve. I urge all of my colleagues to support been very helpful. The San Joaquin River Restoration this amendment, and I yield back the This is the only program in the last Program continues to push forward on balance of my time. Mr. WOLF. I move to strike the req- year that left the House at a higher an ill-advised path of wasting water number than the Senate and left the uisite number of words. out of the ocean under the guise of sav- The Acting CHAIR. The gentleman conference committee at a higher num- ing salmon. Every year, the San Joa- ber than the House or the Senate. So from Virginia is recognized for 5 min- quin River Restoration Program would utes. you can tell it rose to its highest level require the reintroduction of salmon of funding at $128 million. This pro- Mr. WOLF. I have no objection to the into the San Joaquin River if this ill- amendment. I accept the amendment, gram started under Senator Hollings at advised attempt to introduce the spe- $5 million. It’s very, very important. and yield back the balance of my time. cies fails. Mr. FATTAH. I move to strike the But not only would we accept this b 2120 last word. amendment—and I thank the chair- The Acting CHAIR. The gentleman man—but I think you have to look at The problem is that the river is not from Pennsylvania is recognized for 5 what we’ve done in this bill in total in yet in a condition where the salmon minutes. terms of manufacturing because the can survive. Mr. FATTAH. I’m going to be brief. chairman has been focused on this. There’s still a number of different This amendment seeks to intervene Over $140 million in the National problems and projects along the river or prohibit a court-supervised settle- Science Foundation with the Advanced that need to be completed, from a by- ment of an 18-year running litigation Manufacturing Initiative. We have pass to several fish screens, and even in having to do with some very delicate money in this for the Advanced Manu- one section of the river the administra- issues that he has I think articulated facturing Technology Consortium. tion hasn’t even designated a channel around an endangered species of salm- We, with the chairman’s leadership, from where the river will flow—and on. To do this at this hour of the night have an onshoring initiative funded at will not for another 2 years. on this bill I think is not prudent. I’m $5 million to help businesses think Premature introduction of salmon in opposed to it, and I yield back the bal- through their cost-benefit analysis of the river will only lead to their death ance of my time. coming back home. And we actually at a high cost to taxpayers and the Mr. GARAMENDI. I move to strike held a hearing, as the last hearing of local community. This amendment the last word. the subcommittee before we marked up simply prohibits the premature re- The Acting CHAIR. The gentleman our bill, focused on manufacturing. I’ve introduction of an endangered salmon from California is recognized for 5 min- said there’s nothing more important to species into an uninhabitable river. utes. the country or to my caucus than this Central Valley salmon runs are strug- Mr. GARAMENDI. For more than 20 matter. It’s not a partisan issue. Manu- gling to regain healthy numbers. This years, there’s the question of what to

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6443 do with the San Joaquin River, a river He knows the issue. So either he The Acting CHAIR. The gentleman that was essentially dried out and a wants to kill the salmon at a huge ex- will suspend. river in which the indigenous species— pense or he just wants to waste the Would the gentleman clarify which salmon and other fish—were simply money. This does nothing to overturn amendment he offered: Amendment No. nonexistent. That fight went on and on the settlement. All it merely says is 27 printed in the RECORD or the amend- and on. And after 20 years of fighting let’s follow what was originally in- ment at the desk? and litigation, a settlement was tended, wait until 2014 when the b 2130 reached—a settlement that called for projects are complete, give the salmon the restoration of stream flows in the a fighting chance to survive, and let’s Mr. DENHAM. It is the new amend- San Joaquin River so that the salmon not waste a lot of money in the mean- ment that is at the desk that corrects and other species in that river could be time. the printed amendment. returned. This amendment simply Let’s not confuse the issue. He under- The Acting CHAIR. That is the overturns that. It was a Federal court stands this has passed the House by a amendment that was reported by the order that approved the settlement—a voice vote. It has passed the House in a Clerk. settlement between the water users of bill. And now, once again, after being The gentleman may proceed. the CVPIA and also the environmental debated several times in committee, in Mr. DENHAM. Thank you, Mr. Chair. groups. the light of day, with many amend- As I was saying, the GAO identified To do this amendment is simply ments, with many opportunities, with three different reasons: going to once again reignite a major the American public watching, we’re GSA continues to build courthouses water war that is totally unnecessary. going to pass it one more time. bigger than what Congress authorizes. Certainly, it is going to be difficult to Mr. YOUNG of Alaska. I yield back Congress authorizes one thing, but restore the river, but it can be done the balance of my time. then GSA goes out and builds not only and it is going to take time and it is The Acting CHAIR. The question is something completely different, but going to take money—and we should do on the amendment offered by the gen- much bigger and at much greater ex- it. This is one of the two largest rivers tleman from California (Mr. DENHAM). pense. in the State of California. It’s a river The amendment was agreed to. Number two, we don’t have the that had in the past, before the res- AMENDMENT OFFERED BY MR. DENHAM judges that were once proposed. ervoirs were built and before the river Mr. DENHAM. Mr. Chair, I have an Third, judges don’t share courtrooms. was dried up, an extraordinary run of amendment at the desk, amendment These courtrooms get used about 2 salmon. It will never be able to return No. 27. hours a day, and we don’t have any to what it once was, but it can return The Acting CHAIR. The Clerk will re- courtroom sharing across the Nation. to a viable river. port the amendment. We could be utilizing these court- To take action at this hour of the The Clerk read as follows: houses quite a bit more than what they night on an amendment that is going At the end of the bill (before the short are today. As a result, we demanded title) insert the following: to only be heard between half a dozen that the judiciary conduct a real court- of us here on the floor seems to me to SEC. ll. None of the funds made available by this Act may be used by the Executive Of- room-sharing study so that a third be quite wrong. We ought to oppose fice for United States Attorneys (including party can figure out how many judges this amendment. We ought not allow it the offices of United States attorneys), the are needed. And over the last 11 years, to be in the bill, and we ought to allow United States Marshals Service, or employ- the judiciary projected there would be things to go forward. ees of the Department of Justice, to carry somewhere between 72 and 81 judges in I would remind those who are sup- out activities located at a newly constructed L.A. by 2011. porting this that this is going to be a Federal courthouse located on a site between The judiciary declared L.A. the num- major blowup in the U.S. Senate. I Broadway, Hill, First, and Second Streets in Los Angeles, California. ber one judicial space emergency in the know we don’t much care about that, United States and proposed a massive, but, nonetheless, Senator FEINSTEIN The Acting CHAIR. The gentleman from California is recognized for 5 min- huge new courthouse. However, today has authored legislation to implement we know the primary justification for this particular settlement. This utes. Mr. DENHAM. Mr. Chairman, this is an L.A. courthouse was wrong. There unravels all of that. We ought not be are fewer judges in L.A. today than moving forward, and I therefore oppose a very simple amendment. This simply just prevents the funds from being used there were in 1997. Today we have two the amendment. buildings with 61 courtrooms and 59 I yield back the balance of my time. to divert vital resources to an Mr. YOUNG of Alaska. I move to unneeded Federal courthouse in Los judges. We have 61 courtrooms and strike the last word. Angeles. only 59 judges, no courtroom sharing, The Acting CHAIR. The gentleman is I have the distinct privilege of being utilized less than 2 hours a day. recognized for 5 minutes. chairing the Subcommittee on Eco- In that light, I have asked GSA to Mr. YOUNG of Alaska. I yield to the nomic Development, Public Buildings stop its plans to spend $400 million on gentleman from California. & Emergency Management. In that ca- a courthouse in Los Angeles. GSA has Mr. DENHAM. Thank you for yield- pacity, I have oversight over the Fed- told me explicitly that they will con- ing. eral courts. tinue with the project at whatever As my friend from California com- The last Congress, at the request of cost. After building a $400 million pletely understands, we can’t reintro- this subcommittee, the GAO completed courthouse, we will have 85 court- duce salmon in an area that isn’t in- a review of the 33 courthouses con- houses and 59 judges, 85 courtrooms habitable by salmon. It’s just not only structed between 2000 and 2010. What and 59 judges. a waste of money, but it’s going to kill the GAO found was incredible. GSA has All of these judges—not only do we the endangered species. Why move built over 3.5 million square feet of need less courtrooms, we don’t need to them from one tributary where they courthouse space that we don’t need— build the one that we currently are are surviving to one where they can’t at a cost of $800 million. As a result, proposing to build. You could put all of survive? the Judiciary abandoned existing these judges in one courthouse, sell off Don’t take my word for it. Take the courthouses across the country and se- the other courthouse, and never build word of the National Marine Fisheries verely underutilizes every single new the one that’s being proposed at $400 Service or the Department of the Inte- courthouse. million. rior or the Department of Commerce. The GAO identified three reasons: We’ve seen this before at least seven Take the opinion of the Exchange Con- First of all, when GSA is not busy times in other cities where new court- tractors Water Authority, the San Luis taking vacations in Las Vegas, they houses were built and the old ones sit & Delta Mendota. These are the locals continue to build bigger courthouses vacant today, a burden to the taxpayer that live there. Why waste the money? than Congress authorizes. and eyesores to the community.

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6444 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 There’s a big courthouse in Miami, sit- courthouse that won’t have any em- thorized to remain armed after passing the ting vacant. One being redone in New ployees this year. USMS security screening sites. Because of York, vacant. And yet we want to I yield back the balance of my time. this rule, there is a need for an area to se- spend $400 million on something we Ms. ROYBAL-ALLARD. Mr. Chair, I rise in cure the officers’ and agents’ firearms. The strong opposition to the Denham amendment. only USMS space available out of public don’t need in Los Angeles. view for the firearms locker, within close I personally toured the L.A. court- The building his amendment targets does not proximity to the screening site, is also the house facilities and found there’s va- exist. That’s right; the building he wants to entrance for attorneys to speak with in-cus- cant space currently not being used in prohibit federal agencies from occupying next tody defendants. The officers and agents both the Roybal building as well as the year in fiscal year 2013 doesn’t exist. must remove their firearms in plain view of Spring Street building. GAO ran a cen- The Central District of California courthouse visiting attorneys and prisoners, showing tralized sharing model for L.A. and which is scheduled for construction in the near where firearms are carried on their person. found that all the judges could fit in future is sorely needed to meet serious safety JUDGE’S UNDERGROUND PARKING AT THE MAIN STREET ENTRANCE the Roybal building alone. and security deficiencies at the current court- This country has a $15 trillion debt, house built in 1940. I am submitting for the Prisoners transported for court appear- ances at the courthouse must be offloaded in and GSA continues to waste millions of RECORD a memo from the U.S. Marshals Service which details these concerns. It tells the Judges’ Main Street parking garage, in dollars on projects that no one needs. plain view of judicial vehicles, license plates, What we do need is to move everybody of criminal defendants being escorted through make-model-color of judicial vehicles, and at into the Roybal building, get rid of the hallways and in elevators with judges, jurors times while Judges are walking to or from vacant space, and sell off the other and the general public. It talks about the phys- their vehicle. courthouse. At a time like this, we ical limitations of the aging building to meet To reach the USMS cellblock, the prisoner the security challenges of the post 9/11 world. must walk up the same ramp and pass the should be utilizing the best use of tax- same doors as the Judiciary. It is not uncom- payer dollars. These issues, along with a shortage of space and concerns for the seismic stability of the mon to encounter Judges or court staff while This is why I introduced the Civilian prisoners are approaching the cellblock area. Property Realignment Act, to get this building, have prompted the Judicial Con- There is always the potential for prisoners out of the hands of the legislature, to ference to list the project as its number one to attempt escape or be assisted by an out- make sure that we are actually selling priority since 2003. side threat because the Main Street garage The courthouse has been reviewed by OMB off properties we don’t need. gate entrance opens directly onto the public and GSA and approved in both Republican sidewalk and a heavily trafficked entry We’ve sold 82 properties over the last route to the freeways. decade, and we have 14,000 that are sit- and Democratic administrations. For example, President George W. Bush requested funding MOVEMENT OF PRISONERS ting on the vacant list. We can do a for the courthouse in two of his annual budget The hallway that serves the USMS cell- much better job, but it starts right requests to Congress and the House Trans- block, as well as the only prisoner elevator, here with the L.A. courthouse. Before portation & Infrastructure Committee and the is also the only way for Judges to get to we can sell off the things that we don’t Senate Environment and Public Works Com- their vehicles. need, we ought to stop building the The area to wait for the prisoner elevator mittee authorized it with bipartisan support. things that we don’t need. Sell off the is a highly traveled common area for various Furthermore it is important to note that this not property. We can create jobs by letting agencies and contractors in the building. The new money. The House Appropriations Com- court’s procurement office is located off this the private sector go there and build mittee provided funding for this Central District hallway, and court staff, delivery personnel, something to get out of a lot of the Courthouse several years ago. This project and contractors constitute daily traffic. lease space that we have in the L.A. has enjoyed bipartisan support from the Los The prisoner elevator does not connect di- area. Angeles County congressional delegation. rectly to any of the courtrooms in the court- house; instead, USMS staff must escort the I ask my colleagues to support my For the RECORD, I am also submitting a let- amendment, and I yield back the bal- prisoner through the public hallway, passing ter signed by both of our U.S. Senators and potential victims, prisoner family members, ance of my time. 17 members of the California House delega- Mr. FATTAH. Mr. Chairman, I move witnesses, jurors, and other prisoners in pro- tion urging the General Services Administra- tective custody. to strike the requisite number of tion to move forward on the project. While walking to courtrooms located at words. Construction of the Central District court- the other end of the building, USMS staff The Acting CHAIR. The gentleman house will address long standing safety and must pass various entrance doors to judicial from Pennsylvania is recognized for 5 security issues in the current facility in addition chambers. minutes. Only two courtrooms have usable adjacent to bringing much needed jobs to the Los An- prisoner holding cells. As a result, in-cus- Mr. FATTAH. As best as I could de- geles area. termine, this prohibits the spending of tody defendants sitting in the courtroom I urge my colleagues to oppose this point- galley across from potential victims and funds; no funds would be expended less amendment. prisoner family. under this fiscal year. So I know that U.S. DEPARTMENT OF JUSTICE, The courtroom doors leading to judicial the gentleman is quite energized about UNITED STATES MARSHALS SERVICE, chambers cannot be secured due to the age of this, but I think it is better handled in Los Angeles, CA, Nov. 2, 2011. the doors’ hardware and design, which can- the authorizing committees since he Memorandum To: Audrey B. Collins, Chief not be altered due to the building’s historic has legislation, and that hopefully will District Judge. status. All prisoner movement is done through one day get passed and signed into law From: David M. Singer, United States Mar- shal. public hallways, creating unnecessary haz- to deal with this. ards for USMS personnel, court employees If the Congress could manage build- Subject: Security Issues at 312 N. Spring Street. and the public. ings and deal with the utilization, you The routes from courtrooms back to the You have asked me to describe the phys- USMS cellblock require the use of the public know, the Capitol Visitor Center, I ical security deficiencies of the 312 North corridors providing the potential for inappro- mean, we can go through a whole laun- Spring Street Courthouse. We can provide priate verbal contact with witnesses, jurors, dry list of our own. We spend a lot of you with photographs depicting many of family members, etc. time criticizing other agencies—the these deficiencies, if needed. The prisoner elevator is out of service at The United States Courthouse located at GSA for conferences. You should look least once a week due to the age of the eleva- 312 North Spring Street, Los Angeles CA, was at what we spend. I mean, you could go tor. Prisoners must be escorted using the built from 1937 to 1940. The age of this build- through it. We could point fingers for- public elevators, walking through the main ing and design has presented various lobby. ever. logistical problems for The United States I would rather see, rather than curse There is no secure circulation for judges. Marshals Service (USMS) in regards to Pris- The elevator utilized by judges opens to the the darkness, that we light a candle. oner Operations, Court Operations, and Gen- We’re trying to finish an appropria- same public lobbies used to transport pris- eral Courthouse Security. oners. tions bill. I’m in opposition of this LAW ENFORCEMENT GUN STORAGE LOCKERS Of the 29 courtrooms in the building, only amendment because it prohibits the In the Central District of California cer- 12 are accessible using a tunnel system use of funds spent on employees in a tain law enforcement agencies are not au- which originates in the USMS cellblock.

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6445 The tunnel access uses a combination of with attempting to blow up a synagogue rently pending before Congress to handle the steep stairs and narrow, winding hallways with a large pipe bomb. This case received court’s pressing caseload. Moreover, addi- with restricted head room in various areas. considerable national media coverage. tional growth is expected in the near future The hallways have numerous blind spots 5. U.S. v. Oscar Juarez, et al. The indict- when several active judges in existing judge- from camera coverage, and an elevator that ment charges 5 defendants, two of whom are ships assume senior status and their replace- is usually not operational. For this reason Clanton 14 gang members, with Hobbs Act ments come on board. The two buildings that the tunnel system is not regularly used. Robbery, 924(c), and Conspiracy to Distribute currently house the court already suffer If the tunnel access is used, prisoners must Cocaine charges. from critical security and operational defi- still be escorted through the rear secured ju- 6. U.S. v. Edwin Mauricio Palacios. A 1326 ciencies that will only be exacerbated as the dicial hallway that connects courtrooms and case involving an MS 13 gang member whose court grows. judicial chambers. criminal convictions included a 1995 convic- Congress approved the funding for GSA to PHYSICAL SECURITY ISSUES tion for second degree robbery, 2008 convic- construct the new courthouse in fiscal years tion for terrorist threats, and two arrests for 2004 and 2005, but escalating construction The screening stations located at the Main participating in a prison riot. costs at the time caused the project budget Street entrance, the Spring Street entrance, 7. U.S. v. Raul Mercado Mercado. This is a to exceed the appropriation. With no addi- and the Spring Street loading dock were 1326 case involving a Sangra gang member tional funding available to build the project never designed to accommodate current up- with a prior 1996 conviction for voluntary as planned, congressional committees di- graded security and the large crowds who manslaughter and robbery. rected the court and GSA to work together visit the courthouse on a daily basis. Despite 8. Operation Silent Night. There were ap- and agree on a building that could be built the additional concerns and potential proximately 30 defendants arrested. Extra within the funds appropriated. It is our un- threats posed by high threat criminal court manpower was needed at all times for move- derstanding that GSA and the court have cases and increased violence in society, we ment due to the high security risks. The de- now reached agreement on a proposal that are not able to redesign these security sites fendants are charged with numerous homi- will do just that. We hope, therefore, that due to the historic nature of the building, cides, including the murder of a Burbank Po- GSA will proceed with the process of award- and the limited space available. lice Officer. They are also charged with nar- ing a contract to build the new courthouse. The ground floor windows around the cotics trafficking, extortion, and racket- In closing, we want to stress again the crit- courthouse are continuously a target for eering. This is a capital offense case. ical need of the Los Angeles community to vandalism due to the increasing population 9. Twenty defendants in another case are have safe, functional and efficient facilities of homeless people, as well as anti-govern- all gang members of the East Side Wilmas, in which to litigate cases and redress griev- ment protests occurring daily at surrounding and were charged with murder, as well as ances. The new courthouse that is currently local and state government buildings. The conspiracy. They are also charged with dis- planned will allow them to do so. Building windows’ general make-up is inconsistent tribution of illegal narcotics. the courthouse, moreover, will create thou- around the building, with some windows sands of construction and related jobs, which being bullet resistant, some with a protec- TERRORISM CASE are sorely needed in an area where unem- tive mylar film, and some with just solar 10. U.S. v. Mihalik. The indictment re- ployment exceeds 12% and a large percentage tinting film. The historic status of the build- turned August 30, 2011 charges one defendant of the unemployed are in the construction ing makes it difficult, if not impossible, to with making a false statement in a terrorism industry. We commend GSA and the court install bullet resistant glass in all first floor matter. for developing a new courthouse plan that windows. Three ground floor windows have MULTI-DEFENDANT COURTROOM IN ROYBAL can accommodate the needs of the Los Ange- been broken by vandals in the past year The availability of this courtroom assists les community within the funds that have alone. the USMS and judges in the Spring Street been appropriated for this project and we ask The courthouse lacks available handicap courthouse who need to be conducting high you to move ahead without delay. access on the Main Street entrance, the most threat, multi-defendant trials as it was built Sincerely, heavily used access. The courthouse thus out specifically for such proceedings. Use of Dianne Feinstein, Barbara Boxer, Lucille must have two entrances, Main Street and the courtroom requires the USMS to provide Roybal-Allard, Grace F. Napolitano, Spring Street, which requires staffing by six security transportation from Spring Street, Henry A. Waxman, Judy Shu, Howard court security officers (CSOs) rather than where the judge has parking, to Roybal, two L. Berman, Lois Capps, John just one entry where we can put less CSOs, blocks away from chambers. Garamendi, Doris O. Matsui, Xavier concentrating staffing more effectively at a On a regular basis, however, there are far Becerra, Laura Richardson, Loretta single controlled entry point. too many criminal proceedings for the 21 dis- Sanchez, Barbara Lee, Bob Filner, HIGH THREAT TRIALS trict judges to hold their criminal calendars Adam B. Schiff, Janice Hahn, Linda T. The Spring Street Courthouse is an unsafe all in this one courtroom. In 2011, for exam- Sa´ nchez, Karen Bass. physical facility for the transport of even ple, 1,685 defendants had proceedings in The Acting CHAIR. The question is one prisoner. Here are examples of some of downtown Los Angeles, or 48 criminal cases on the amendment offered by the gen- the high threat, multi-defendant trials held per judge. Virtually all judges hold criminal in downtown Los Angeles. They provide a calendar on Mondays making use of the Roy- tleman from California (Mr. DENHAM). vivid picture of the type of defendant, de- bal multi-defendant courtroom unavailable The amendment was agreed to. fendant families, witnesses, and victims in- to more than one judge at a time. Roybal AMENDMENT OFFERED BY MR. FLAKE volved in federal criminal proceedings held judges also use the courtroom. Mr. FLAKE. I have an amendment at in the Spring Street and Roybal court facili- the desk labeled as Flake No. 2. ties. CONGRESS OF THE UNITED STATES, The Acting CHAIR. The Clerk will re- 1. U.S. v. Orozco et al. The indictment Washington, DC, October 28, 2011. port the amendment. names 53 defendants who are all members or Hon. MARTHA N. JOHNSON, associates of the 38th Street gang, and Administrator, General Services Administration, The Clerk read as follows: charges them with RICO, VICAR, drug traf- Washington, DC. At the end of the bill (before the short ficking/possession, firearms trafficking/pos- DEAR ADMINISTRATOR JOHNSON: We write to title), add the following: session, and conspiracy to tamper with wit- urge the General Services Administration LIMITATION ON FUNDS FOR SELECTUSA nesses. (GSA) to proceed immediately with con- INITIATIVE 2. U.S. v. Santiago Rios, et al. The indict- struction of a new federal courthouse for the SEC. ll. None of the funds made available ment charges 51 defendants who are all mem- United States District Court, Central Dis- in this Act may used to carry out the bers and associates of the Azusa 13 criminal trict of California in Los Angeles. Congress SelectUSA initiative. street gang or validated members and associ- first authorized site, design and acquisition ates of the Mexican Mafia. The charges are in 2000 and the project was declared a space The Acting CHAIR. The gentleman RICO conspiracy, civil rights violations, emergency by the Judicial Conference of the from Arizona is recognized for 5 min- weapons and narcotics offenses. United States in 2003 and has been the Judi- utes. 3. U.S. v. Darbinyan. The case involved 70 ciary’s top building priority since that time. Mr. FLAKE. Mr. Chairman, this defendants who were members or associates It has been delayed too long. amendment would prohibit funding for of the Armenian Power Criminal Enterprise. Located in one of the busiest metropolitan President Obama’s SelectUSA Initia- Approximately 15 of the defendants would be areas in the nation, the Los Angeles court tive. It’s a program that would other- categorized as very dangerous based on their handles a high percentage of complex crimi- criminal histories and/or criminal conduct nal cases related to drugs, murder, mafia, wise receive just over $6 million in this during the investigation. and terrorism. A request to create new per- bill. 4. U.S. v. Ron Hirsch. This is the syna- manent judgeships for the district, many of Now, if you’ve never heard of gogue bomber case. The defendant is charged which will be placed in Los Angeles, is cur- SelectUSA, you’re not alone. Virtually

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6446 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 nobody has heard of it outside of the Ford for more than 40 years. That com- out, you see companies that see the committee and those who are funding pany has been a manufacturing pres- United States as a place that has a it. ence in the U.S. since it opened a world-class workforce, the kind of Last June, President Obama issued Michigan plant in 1991. Another plant transparency, the rule of law, the abil- an Executive order to establish was opened in Louisiana in 2003. This ity to do transactions and have them SelectUSA. It was called the first-ever hardly sounds like a company that protected in a court system that func- Federal effort to attract, retain, and needed SelectUSA to help it discover tions, to attract foreign investment expand business investment in the the benefits of investing in the U.S. here. United States. b 2140 So what the Commerce Department It seems to me that whenever a new has done, which is not unlike other ad- Federal program is touted as the first There is simply no record of this in- ministrations, they take in a group of of its kind, it’s usually a pretty good vestment outside of the administration these activities and they’ve rebranded indication that it’s completely unnec- press release and the Commerce De- them under SelectUSA because it’s essary. This is no exception to the rule. partment blog post—not from AGS, not catchy, it’s got a phrase to it. But A quick read of the vague ways in from the Michigan Economic Develop- these are activities that have been con- which SelectUSA says it serves the ment Corporation, not even from ducted by other administrations and firms and economic development orga- SelectUSA. Only an administration will be conducted by future administra- nizations certainly proves that—pro- press release touts the involvement of tions because we want businesses to see moting the benefits of investing in the SelectUSA. the United States as the place to lo- U.S.A., responding to inquiries about Most telling of all, the 2013 Com- cate—even in States like Arizona, to the U.S. business climate, helping in- merce Department budget justification locate and put people to work and vestors confused by regulatory proc- to Congress—which requested $12 mil- make products. esses, offering guidance—these are lion and 20 additional full-time em- So to come to the floor and say, well, hardly the responsibilities of the Fed- ployees—doesn’t even include a word this $6 million is wasted—no. This is a eral Government. about the AGS investment. So what small investment that leads to billions In reality, it seems that the tax- does SelectUSA even do? Well, I think of dollars in salaries, hundreds of mil- payers are buying little more than a the committee isn’t even sure what lions in tax ratables for our country. Web site pitching the benefits of U.S. SelectUSA does because the report lan- We want to be open for business. This subsidiaries to foreign companies. It guage in this bill asks SelectUSA to is a new day. It’s a new administration. includes 10 pages of links to Federal justify what it does and explain what it They have been creating jobs. I guess subsidized programs like Grants.gov, does because apparently nobody even that some want to wish back the old AARP-E, and the Department of En- knows. Yet we took the request from crowd that were losing jobs, but I ergy Loan Guarantee Program. That the administration of $12 million and think we should follow in the right di- was the program responsible for simply cut it in half and gave them rection here. Solyndra. Only the Federal Govern- half of what they requested. I disagree with the gentleman. I hope ment could find a way to waste tax- Why in the world are we doing this? that we vote down this amendment, payer dollars promoting the waste of At what point are we going to say we and that we support the activities of taxpayer dollars. can’t afford to throw money away like our Commerce Department to continue Figuring out what SelectUSA does is this? Congress didn’t even create this to build this economy. one thing; deciphering its actual ac- program. It was just the administra- I yield back the balance of my time. complishments is downright impos- tion who thought it up and now is try- Mr. BROUN of Georgia. Mr. Chair- sible. The Web site includes ing to justify it. man, I move to strike the last word. testimonials from companies like I yield back the balance of my time. The Acting CHAIR. The gentleman is Rolls-Royce and Ikea, of plans to in- Mr. FATTAH. Mr. Chairman, I move recognized for 5 minutes. vest and develop in the U.S. These to strike the last word. Mr. BROUN of Georgia. Thank you, companies already do. This SelectUSA The Acting CHAIR. The gentleman Mr. Chairman. isn’t helping them any more than it is from Pennsylvania is recognized for 5 I yield to my friend from Arizona. helping anyone else. All the announce- minutes. Mr. FLAKE. I thank the gentleman ments are dated between 2006 and 2010, Hopefully, this will be the last time for yielding. long before this program was even es- when I have to oppose my good friend I would simply submit that when the tablished. So these companies are tout- on the floor of the House. committee has to ask in report lan- ing the benefits of a program that Let me just try to put this in some guage, please justify and tell us what wasn’t even established yet; how do perspective. This is an administration you’re doing, it’s a pretty good indica- they know? that, in the last 26 months, 4.25 million tion that we don’t know and that the Hours of research by our staff uncov- new private sector jobs. In ‘09, $70 bil- program is frivolous and we’re wasting ered only one investment that’s even lion in loans to small businesses. An money with it. tied to SelectUSA, and those claims administration that’s well on its way So, right here, SelectUSA, let me are very dubious. There’s a company to more than doubling the number of read from the committee report: ‘‘The that’s called AGS, and the President exports. We have seen a very signifi- committee recommends $6.125 million has touted this in his program as being cant turnaround from the administra- for SelectUSA initiative, which is responsible for luring AGS to the U.S. tion that left a couple of years ago, $3.425 million more than the fiscal year It’s mentioned in conjunction with the walking out the door while we were 2012 level and $6.125 million less than Michigan Economic Development Cor- losing 700,000 jobs a month, and we lost the request’’—like I said, simply cut poration and other local agencies, and millions of jobs over the last few the request in half. ‘‘The ITA redi- it recently elected to invest more than months of the last administration. rected $2.7 million in FY 2012’’—on and $20 million in new U.S. manufacturing So now they have a Commerce De- on and on. It says: capabilities. SelectUSA, described as partment that says we’re willing to No later than November 30, 2013, the Sec- an Obama-launched program, is said to build on the efforts to have companies retary shall report on the location and type have facilitated coordination between around the world select the United of assistance provided, the State to which AGS and local officials. But if you look States as a place where they want to firms sought to relocate and why, as well as at AGS, AGS has been in this country set up manufacturing plants stretched the number of foreign firms that actually de- for more than 40 years, just under a dif- throughout much of our country now. cided to locate in the United States as a re- ferent name. It was called A.G. Simp- The President visited the Rolls Royce sult of the SelectUSA process. son Automotive. It’s been in business, plant in Virginia. In Alabama, you I would submit that if we didn’t as I said, with General Motors and have BMWs being built. All through- know this by now, why in the world are

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6447 we giving them 6.125 million more dol- AMENDMENT OFFERED BY MR. FLAKE litical Science Program go to the lars? We’re running a deficit of $1.3 Mr. FLAKE. Mr. Chairman, I have an wealthiest universities in the country. trillion, and we’re frittering away amendment at the desk, designated as Would those who would oppose this money like this when we don’t even No. 3. amendment have believed that Harvard know what they’re doing. The Acting CHAIR. The Clerk will re- and Yale would have to close their po- Mr. FATTAH. Will the gentleman port the amendment. litical science departments if Federal yield? The Clerk read as follows: grants are not available for this pro- Mr. BROUN of Georgia. I yield to the Page 101, after line 10, insert the following gram? Of course not. These universities gentleman from Pennsylvania. new section: and the field of political science will be Mr. FATTAH. The gentleman from SEC. 542. None of the funds made available just fine. Georgia, I thank you. And we’ll be to- by this Act may be used to carry out the However, my greatest concern is not gether tomorrow morning at the pray- functions of the Political Science Program who received these funds, but how they er service—8 a.m. in the Division of Social and Economic are spent. Every dollar Congress spends Sciences of the Directorate for Social, Be- Mr. BROUN of Georgia. I’m looking is money we don’t have, as I men- forward to that. havioral, and Economic Sciences of the Na- tional Science Foundation. tioned. Mr. FATTAH. But let me say this: So what kind of research is NSF Georgia has benefited from this effort, The Acting CHAIR. The gentleman charging to our credit card? $700,000 to and Arizona has benefited, Pennsyl- from Arizona is recognized for 5 min- develop a new model for international vania has benefited. The report lan- utes. climate change analysis; $600,000 to try Mr. FLAKE. Mr. Chairman, this guage you see is just the work of the to figure out if policymakers actually amendment would prohibit the Na- committee to ensure oversight for the do what citizens want them to do. funds that are now being provided, for tional Science Foundation from using Let me say that again: $600,000 here a report on those funds and what taxpayer dollars to fund political spent trying to figure out if policy- States benefit so that when we have science research. makers actually do what citizens want some other gentleman on the floor To be clear, my amendment does not them to do. I think we can answer that wanting to cut this program years reduce funding for the NSF. Earlier in question in about 5 minutes when we forth from now, that we’ll have an op- consideration of this bill, I offered an vote on this amendment because I can portunity to be able to specify, as I’ve amendment that would reduce NSF tell you, people out there want us to done, the great work that this program funding. This amendment is simply ori- quit funding projects like this. is doing. ented toward ensuring, at the least, $301,000 to study gender and political I thank the gentleman for yielding. that the NSF does not waste taxpayer ambition among high school and col- Mr. FLAKE. Let me simply say that dollars on a meritless program. lege students; $200,000 to study to de- when we don’t know what they’re doing b 2150 termine why political candidates make and the only justification comes from The Nation is closing in on a $16 tril- vague statements. $200,000 to study the administration that a company lion debt; deficit, more than $1.3 tril- why political candidates make vague called AGS, that has already been in- lion. Nearly 40 cents of every dollar we statements. That’s what we’re paying vesting in this country for more than spend is borrowed. Congress can either for here. 40 years, that needs no help in deciding These studies might satisfy the curi- continue funding unnecessary pro- or having a matchmaker pair them osities of a few academics, but I seri- grams like someone is printing cash in with U.S. firms—in fact, this is a Cana- ously doubt society will benefit from the basement, or we can face facts that dian firm investing in the U.S. They them. How can we justify this out- there simply isn’t enough money to go actually received trade adjustment as- come? around. sistance during a downturn when em- Now, I hold a graduate degree in po- Now, I stand here today and I’ll de- ployees were laid off from a Canadian litical science myself. I agree that such fend responsible Federal spending on company in the U.S. I would submit research has its benefits. The work of matters of Federal responsibility. that if a company knows how to milk political scientists advances the Among other things, Congress ought to the U.S. taxpayer for that, a foreign knowledge and understanding of citi- ensure funding for strong national de- company, they know how to invest zenship and government, politics, and fense, a secure border. here. They know it pretty well. We’ve this shouldn’t be minimized. But they There are things, however, given the advertised it. In fact, what this Web shouldn’t be subsidized by the National economic realities, that Congress site of this SelectUSA does is tell them Science Foundation. ought to reconsider funding on the the benefits they can receive if they’re We can’t continue to spend money back of future generations. Just re- here—often subsidies like this. like this. I urge adoption of the amend- So I would just submit, Mr. Chair- member, every dollar we’re spending in ment and yield back the balance of my man, we’ve got to start somewhere, discretionary spending this year, we time. and this ought to be it. I can’t stress are borrowing from our kids and our Mr. FATTAH. I move to strike the enough how we’ve got to start cutting grandkids. last word. Let me simply say I can think of few some spending. This is a great place to The Acting CHAIR. The gentleman finer examples to cut than the Na- start. from Pennsylvania is recognized for 5 With that, I urge adoption of the tional Science Foundation’s Political minutes. amendment and thank the gentleman. Science Program. According to the Mr. FATTAH. So hope springs eter- Mr. BROUN of Georgia. I yield back NSF Web site, to date, more than $80 nal, but here I am again opposing my the balance of my time. million has been awarded to the pro- friend’s amendment. The Acting CHAIR. The question is gram’s nearly 200 active projects. Let me say, this program has been on the amendment offered by the gen- Three-quarters of these awards, total- around for over 30 years, and a lot of tleman from Arizona (Mr. FLAKE). ing over $46 million, were directed to political change has swept across the The question was taken; and the Act- universities with endowments greater world from the time that this program ing Chair announced that the ayes ap- than $1 billion. started. peared to have it. Again, three-quarters of these awards I think that it may appear to be cost- Mr. FATTAH. Mr. Chairman, I de- under this program for political ly, $11 million out of a $7 billion fund- mand a recorded vote. science research, totaling over $46 mil- ing for the National Science Founda- The Acting CHAIR. Pursuant to lion, were directed to universities that tion, but I think that however expen- clause 6 of rule XVIII, further pro- have endowments greater than $1 bil- sive an education may be, ignorance ceedings on the amendment offered by lion. will probably cost our country more. the gentleman from Arizona will be Think about it. Three out of the four It is important that we understand postponed. of the grants awarded by the NSF Po- the political dynamics, radicalization

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6448 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 of populations around the world, how and these rates will come down, or My home State of Georgia, as an ex- political parties operate in the former these programs will come down. They ample, has long struggled with the U.S. Soviet Union, all of the other issues haven’t. We’re continuing to fund Department of Justice over its voter that are being studied. them. And programs like this, the identification laws. They’re not alone. I can see that you could probably country just looks around and says, The State of Arizona is currently suing bring a list of studies in front of the this is laughable. Look at what our to be free from section 5, showing evi- Congress from the National Science policymakers are doing. dence that it made accommodations Foundation and get a laugh on any Again, I would say that we will find for Spanish-speaking voters long ago. day. But these studies are important. out the question, the $600,000 question, On the other side of the country, South They’re merit based. They’re decided as to whether or not policymakers ac- Carolina is challenging the Depart- on merit only. tually do what citizens want them to ment of Justice’s decision to overturn The fact that some of the best funded do, by how we vote on this amendment its voter identification law. universities win has to do, in part, with right now. Mr. Chairman, as Americans, we the fact that they’re able to have very Mr. BROUN of Georgia. Mr. Chair- pride ourselves in our electoral system, good faculty who put together very man, I yield back the balance of my but the integrity of our elections is good research projects, and they pro- time. called into question when this outdated vide our country and our society a The Acting CHAIR. The question is law bars States from ensuring those great deal of intellectual benefit. on the amendment offered by the gen- who come to the polls to vote are eligi- Now, there’s some advantage, I guess, tleman from Arizona (Mr. FLAKE). ble to do so. politically to appear to be anti-intel- The question was taken; and the Act- I should note that I’m not the only lectual, to have some desire to know ing Chair announced that the ayes ap- one who believes that section 5 is an little or less about what’s going on in peared to have it. antiquated provision. Earlier this very the world about us. But it is not wor- Mr. FATTAH. I demand a recorded year, the U.S. Supreme Court re- thy of a great Nation. vote. affirmed its concern about what they Now, Singapore has 4.8 million peo- The Acting CHAIR. Pursuant to stated: serious constitutional questions ple. They put $7 billion in the National clause 6 of rule XVIII, further pro- raised by section 5’s intrusion into State sovereignty. Science Foundation. We put $7 billion, ceedings on the amendment offered by Mr. Chairman, we are supposed to be and we spend our time tonight debat- the gentleman from Arizona will be ing whether we want to cut some treated equal under the law. This sec- postponed. tion of Federal statute treats some money, trying to understand how their AMENDMENT OFFERED BY MR. BROUN OF political system got to the point of un- States more equal than other States. GEORGIA There are States being discriminated derstanding that even in a very small Mr. BROUN of Georgia. Mr. Chair- against. My home State of Georgia is country, it was critically important for man, I have an amendment at the desk. one of those. It’s time for us to go to them to become indispensable in terms The Acting CHAIR. The Clerk will re- what the Constitution says is the way of having a thirst for knowledge. port the amendment. we should all be treated: equal under I would hope that this House would The Clerk read as follows: the law. It’s long past time to put this reject this amendment. At the end of the bill (before the short provision to rest. I urge the support of I yield back the balance of my time. title) insert the following: my amendment. Mr. BROUN of Georgia. I move to SEC. lll. None of the funds made avail- I yield back the balance of my time. strike the last word. able by this Act may be used to carry out or Mr. FARR. Mr. Chairman, I move to The Acting CHAIR. The gentleman is enforce section 5 of the Voting Rights Act of strike the last word. recognized for 5 minutes. 1965 (42 U.S.C. 1973c). The Acting CHAIR. The gentleman Mr. BROUN of Georgia. I yield to my The Acting CHAIR. The gentleman from California is recognized for 5 min- good friend from Arizona. from Georgia is recognized for 5 min- utes. Mr. FLAKE. I thank the gentleman utes. Mr. FARR. I rise in strong opposition for yielding. Let me just say, and I Mr. BROUN of Georgia. Mr. Chair- to this amendment. won’t take all the time, but there is man, my amendment would simply pro- First of all, this is an appropriations something to the ‘‘laugh factor.’’ At hibit any funds in this underlying bill bill. We’re supposed to be discussing some point we’ve got to realize here from being used to carry out or enforce how we appropriate money to the Jus- that the country’s watching us, and section 5 of the Voting Rights Act of tice Department, Commerce Depart- they’re looking to see if we’re funding 1965. Under section 5, seven States in ment, and State Department. People programs like $600,000 to try to figure the South, as well as Arizona, Texas, are just kind of cavaliering, coming in out if policymakers actually do what and a number of counties scattered here and offering all kinds of amend- citizens want them to do? $200,000 to across the country, are required to re- ments to make no funds available. study why political candidates make ceive Federal pre-clearance to every That isn’t the way you set policy, and vague statements? change they make in election laws. that isn’t the way you have a discus- We’re funding this with taxpayer dol- The provision stipulates that only sion on an issue like this. This is a lars. The acid test ought to be for all of changes to election law in those cov- very important issue. This is about en- us, whenever we’re spending money ered locations which are shown to be forcing the Civil Rights Act and the here, is this program worth borrowing nondiscriminatory may be pre-cleared. Voting Rights Act of 1965. You don’t money from our kids and our Unfortunately, the burden of proving think we had discrimination in this grandkids, from some countries, that that a change is nondiscriminatory is country? Don’t you think we still have don’t like us very much who are buying on the State or locality which wishes discrimination and are making it dif- our bonds? to make the change. ficult for people to access the voting And this doesn’t pass that test. It The standard and practice is known booth? doesn’t even come close. And if we sim- to be highly subjective, with no pre- I come from a county, a district, that ply say this is a big NSF budget and sumption of innocence. is under this section. I’m from Cali- this is a very small part of this, this fornia. The gentleman spoke about program, if we continue to say that, b 2200 Georgia. There are States, even like we’ll never cut it, and that’s the prob- It is also highly unfair to allow some California, that have counties that lem here. We aren’t. States to make changes to their elec- qualify to be under this act because The NSF funding, overall, is way up tion laws while other States wishing to they had so low of a percentage of from the post-stimulus level. We said make the same changes are forced to adults registered to vote. Obviously, at the time that the stimulus was jump through a bunch of hoops. I know these counties were making it very dif- passed that that’s just a one-time deal, firsthand how onerous this law is. ficult. What this says is that in those

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD May 9, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 6449 counties, when you draw political dis- Then they say, Fine. I see you here But this is not an amendment that, I tricts, you’ve got to have them re- on the polls. Go vote. think, is appropriate here. Again, as we viewed by the Justice Department. We can’t have this in this country. deal with this thing, we have to be What’s wrong with that? It’s not right, and it’s not fair. Joe very, very sensitive because, quite We have a history of discrimination. Smith needs to have absolute assur- frankly, I remember in 1982, when I To come in to an appropriations bill ance that the person he voted for won voted for this, there were editorials in and take a big whack out of it in the it fair and square—that elections are the Richmond Times-Dispatch that Voting Rights Act in an election year, not stolen, that elections are fair, that were ripping me apart for this vote. what message are we sending—that whoever comes out at the top of the these States that want to make it very ballot is the one who really won. b 2210 difficult for people to vote are showing So this is not about discrimination. But because I do believe that every- how democracy ought to be practiced It’s not preventing anyone from voting. one should have the right to vote, I around the world? It’s simply just to make sure we have voted for it. Mr. BROUN of Georgia. Will the gen- integrity so that the people across this But I would also say, to end, we may tleman yield? country can be sure that their votes be approaching a time that this would Mr. FARR. No, I will not yield to the count and can be sure that somebody go because we want a Nation where no gentleman. else who may be an illegal in this coun- one is discriminated against, and we I think these and a lot of other try or who may not be qualified to vote may have reached that point. But I amendments warrant some serious de- for whatever reason or who may have think the Judiciary Committee should bate in Congress, but certainly not on already voted but who wants to vote a hold extensive hearings and we should this bill and not at this time—10 second time is not doing so. see what the Supreme Court does. I o’clock at night, in an election year, on Mr. HUELSKAMP. I yield back the don’t think this is the place to do it, a Voting Rights Act bill that deals balance of my time. and I strongly rise in opposition to the with the basic fundamental rights of Mr. WOLF. I rise in opposition to the amendment. individuals being able to have access to amendment. Mr. JACKSON of Illinois. Will the the ballot. No, sir. This amendment is The Acting CHAIR. The gentleman gentleman yield? inappropriate at this time, and it from Virginia is recognized for 5 min- Mr. WOLF. I yield to the gentleman ought to be voted down. utes. from Illinois. I yield back the balance of my time. Mr. WOLF. I was the only member of Mr. JACKSON of Illinois. I thank the Mr. HUELSKAMP. I move to strike the Virginia delegation to vote for the gentleman for yielding, and I’ve en- the last word. Voting Rights Act in 1982. I attended joyed a great relationship with the The Acting CHAIR. The gentleman school for 1 year in a State in which I gentleman during his tenure in the from Kansas is recognized for 5 min- saw things that were different than I Congress. utes. had seen before. And there is a Simon You mentioned several times in your Mr. HUELSKAMP. I yield to my col- and Garfunkel song called ‘‘The league from Georgia. remarks that there might be an appro- Boxer’’: ‘‘The man hears what he wants Mr. BROUN of Georgia. I thank my priate time. How do you objectively de- to hear and disregards the rest.’’ We friend. termine when there is an appropriate really can’t disregard what has taken I would like to remind my good time for not extending Section 5 to the friend from California that Georgia’s place in the country. Now, we may be reaching a point at covered jurisdictions? voter identification law has been Mr. WOLF. I am not a legal scholar, upheld by the courts. The provision of which this should be looked at again. I believe there is no discrimination now and at 10:10, I don’t think I can do it, voter identification is simply to ensure but there may be a time. integrity at the polls: that the people in my State. I think the Judiciary Committee ought to look at this care- I believe now in my State there is who are voting are the people who are not discrimination with regard to vot- supposed to be voting. fully, but this is not the place to do this, and it is such a sensitive issue. ing. I think our Governor is a good, de- We have all heard and have joked cent guy, and I don’t think he wants to about the saying in Chicago about Section 5 of the Voting Rights Act discriminate against anybody. The ‘‘vote early and vote often.’’ The only applies to jurisdictions determined to members of the general assembly are of way we can ensure the integrity of the have had a history of discrimination that same mind. Yet there had been in vote, the only way we can ensure that against minority voters. Section 5 re- a case in previous times in the State of people who are voting are those who quires certain covered jurisdictions, are supposed to be voting, is by having based on the formula set forth in sec- Virginia, so I’m not going to be the—I some identification. That’s simply tion 4, to pre-clear their congressional went to Georgetown Law School. It’s what this is all about. It’s not to pro- redistricting plans with either the De- an accredited law school, but I’m not hibit people from coming to the polls. partment of Justice or with the U.S. going to sit here tonight and lay it out. It’s not to prohibit or to discriminate Court for the District of Columbia be- I don’t think this is what we ought to against anybody. Who is being dis- fore implementation. In order to be do tonight. I initially wasn’t going to criminated against here are the States, granted pre-clearance, jurisdiction has speak, but I just feel strongly. Again, I those jurisdictions that are falling the burden of proving that the pro- go back. I remember in 1982 voting for under section 5. posed voting change neither has the this, and people felt it and I just felt in We should all be treated equal under purpose nor will have the effect of de- my heart this was the right thing to the law. I don’t believe in discrimina- nying or abridging the right to vote on do. As of now in my heart, it tells me tion for or against anybody. We have a account of race or color or membership we ought not adopt this amendment, history of discrimination in my State in a language minority group. and we can have the Judiciary Com- and throughout the country, and we Litigation is pending now in the Fed- mittee hold hearings both in the House still have discrimination. I find dis- eral District Court, including the case and the Senate. We can see what the crimination deplorable—and I reject it of Texas v. Holder, which challenges Supreme Court will do. I just don’t in any manner—but we should all be the constitutionality of the coverage think this is the place for this amend- treated equal under the law. We need formula and pre-clearance require- ment, and I strongly oppose the amend- to make sure that we have integrity at ments in sections 4 and 5. In its 2009 de- ment. the polls. We need to make sure that cision in Northwest Austin Municipal Mr. Chairman, I yield back the bal- the people who are voting are truly the Utility District No. 1 v. Holder, the Su- ance of my time. people who say they are. preme Court may have signaled a will- Mr. LEWIS of Georgia. Mr. Chair- I know, in some jurisdictions, a per- ingness to reconsider the constitu- man, I move to strike the last word. son just walks to the polling area and tionality of the pre-clearance regime The Acting CHAIR. The gentleman is says, I’m Joe Smith. and coverage formula. recognized for 5 minutes.

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It is hard and For me to stand here and listen to used race as a partisan advantage in difficult and almost unbelievable that my distinguished colleague, the distin- trying to draw congressional districts any Member, especially a Member from guished gentleman from Virginia, the and legislative districts. the State of Georgia, would come and chairman of the subcommittee, for him I appeal to you, Mr. Chairman, to re- offer such an amendment. to argue that there may be a time and ject this amendment at midnight; re- There is a long history in our coun- we may be approaching a time when ject this unconstitutional, unprece- try, especially in the 11 States that are the Voting Rights Act preclearance dented attack on the civil rights of old Confederacy—from Virginia to provision of Section 5 is no longer nec- every American; reject efforts to un- Texas—of discrimination based on race, essary couldn’t be further from the dermine the implementation legisla- on color. Maybe some of us need to truth. tion of the 15th Amendment earned study a little contemporary history Here’s how the State legislative proc- through an American Civil War, along dealing with the question of voting ess works within most of the State leg- with No. 13, 14, and 15; reject this effort rights. islatures. First, whoever is in the polit- to roll back the civil rights gains of Before the Voting Rights Act of 1965, ical majority, Democrat or Republican, 1965 by undermining the funding in the it was almost impossible for many peo- usually draws legislative lines con- Federal Government’s capacity to en- ple in the State of Georgia, in Ala- sistent with their political advantage, sure that minorities have a chance to bama, in Virginia, and in Texas to reg- whether it’s the Democratic Party or represent themselves in the Congress of ister to vote, to participate in the whether it is the Republican Party. the United States; reject this effort on democratic process. The State of Mis- Such is the case in Illinois. Such is the this evening. Both Democrats and Re- sissippi, for example, had a black vot- case of every State in the Union. publicans should reject it in a bipar- ing age population of more than 450,000 Almost never before the 1965 Voting tisan manner. and only about 16,000 were registered to Rights Act had racial minorities or With that, Mr. Chairman, I yield vote. In one county in Alabama, the language minorities ever been consid- back the balance of my time. county was more than 80 percent and ered as a factor in the ongoing partisan there was not a single registered Afri- debate for the last 150 years between b 2220 can American voter. People had to pass Democrats and Republicans. Only the Mr. DANIEL E. LUNGREN of Cali- a so-called ‘‘literacy test’’; interpreting Voting Rights Act of 1965 says that if a fornia. I move to strike the last word. sections of the Constitution. One man language minority or a racial minority The Acting CHAIR. The gentleman is was asked to count the number of bub- in a protected jurisdiction can draw a recognized for 5 minutes. bles on a bar of soap and another man congressional district or can draw a Mr. DANIEL E. LUNGREN of Cali- was asked to count the number of jelly State Representative district or can fornia. Mr. Chairman, one of the proud- beans in a jar. draw a State Senatorial district to give est moments of my experience here in It’s shameful that you would come a racial minority an opportunity to the House is having worked on a bipar- here tonight and say to the Depart- represent their own people in a legisla- tisan basis on the extension of the Vot- ment of Justice that you must not use tive body, the State legislative body ing Rights Act in the 1980s. I had been one penny, one cent, one dime, one dol- must take that into account. involved in the extension of the Voting lar to carry out the mandate of Section For us to be standing here on the Rights Act several Congresses ago. But 5 of the Voting Rights Act. We should floor of the Congress arguing about the also, as attorney general of the State open up the political process and let all right to vote, we’re not discussing at of California, I was involved in the of our citizens come in and participate. that level the right to vote. We’re dis- preclearance procedures by the Justice People died for the right to vote— cussing whether or not legislators will Department with several of the juris- friends of mine, colleagues of mine—to be effective in representing their con- dictions in my home State. speak out against this amendment. It stituents by protecting Section 5, the The Voting Rights Act has stood as doesn’t have a place. preclearance provision, because most one of the great efforts of progress in I agree with the chairman. of us can’t go to our Governors or our this country; but as the U.S. Supreme Mr. BROUN of Georgia. Will the gen- State legislatures to protect the fran- Court said, as it reviewed the tleman yield? chise from minorities. preclearance requirements some years Mr. LEWIS of Georgia. No, I will not I know that the First Congressional ago, There will come a time when this yield. District, the Second Congressional Dis- unprecedented power of the Federal I urge all of my colleagues to vote trict, the Seventh Congressional Dis- Government versus the sovereignty of against this amendment. trict, the Fourth Congressional Dis- I yield back the balance of my time. trict of Illinois are all Section 2 of the the States will end. Mr. JACKSON of Illinois. Mr. Chair- Voting Rights Act congressional dis- The preclearance requirement con- man, I move to strike the last word. tricts, from Virginia around to Texas, tained in the Voting Rights Act is an The Acting CHAIR. The gentleman is because we still cannot trust Demo- anomaly, a necessary anomaly over recognized for 5 minutes. crats, because we still cannot trust Re- history, but it is an anomaly. And we Mr. JACKSON of Illinois. Mr. Chair- publicans in Virginia, should understand that the Court man, let me first associate myself with around to Texas, to consider racial mi- viewed it as such. the remarks of the distinguished gen- norities in the drawing of congres- The problem I have with the current tleman from Georgia (Mr. LEWIS), who sional districts. Sure, those States status of the Voting Rights Act is that paid the price for this Voting Right must implement their plans by submit- it gives no opportunity for an escape Acts of 1965 on the Edmund Pettus ting their plans to the Federal Govern- clause by those jurisdictions that have Bridge. He paid beyond measure. He ment for preclearance. proven, over the decades, that they sacrificed beyond measure to make Look at the language minorities. have, in fact, changed their practices. this a reality for every American. Look at what’s taking place in Texas. There is no means by which a jurisdic- This near midnight attack is an un- Look at what’s taking place in New tion can come forward and show that precedented attack on the implementa- Mexico. New Mexico, a State that is 25 over a decade, they have not, in fact, tion legislation of the 15th Amendment percent Latino, and the State legisla- discriminated but have acted appro- to the Constitution, the 1965 Voting ture played games with what con- priately and, therefore, this tremen- Rights Act. It took this Congress 95 stitutes an effective congressional dis- dous Justice Department authority years from the moment that the 15th trict that might give a Latino an op- will be no more there. Amendment was added to the Constitu- portunity to represent a congressional But this is not the place to deal with tion of the United States for this Con- district in Congress. It plays both sides it, I would say. A funding resolution is gress to wake up after Selma to Mont- against the middle. not the place to deal with it. This is an gomery to pass legislation to imple- Both Democrats and Republicans, important issue that ought to be ad- ment the Voting Rights Act. through history, Mr. Chairman, have dressed; and I would hope that my

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The gentleman mous consent to withdraw my amend- reason—almost a historical accident by from Pennsylvania is recognized for 5 ment. which some of the jurisdictions in Cali- minutes. The Acting CHAIR. Without objec- fornia are covered. It had to do with a Mr. FATTAH. Let me just make a tion, the amendment is withdrawn. low turnout election in which a large couple of comments. I think that we’ve There was no objection. percentage of the people who were con- seen why this is not the process for AMENDMENT NO. 24 OFFERED BY MR. these types of riders on a bill. In States sidered citizens happened to be mili- HUELSKAMP that are not covered by section 5, there tary folks who didn’t vote in that area Mr. HUELSKAMP. Mr. Chairman, I have been outrageous circumstances as in that particular election. And there’s have an amendment at the desk. it relates particularly to African Amer- been a static analysis which has re- The Acting CHAIR. The Clerk will icans and access to the franchise. In sulted in those jurisdictions continuing designate the amendment. Philadelphia, Octavius Catto was beat- to be covered under that section of the The text of the amendment is as fol- en to death just a few blocks from my law which allows this unprecedented lows: childhood home when he tried to exer- authority of the Justice Department to At the end of the bill (before the short cise his right to vote. title), insert the following: preclear. But our country has come a long SEC. ll. None of the funds made available And I would hope that we would have way. We’ve made a lot of progress. But under this Act, may be used in contravention the courage to stand up and look at the section 5 is there for a reason. In these of the Defense of Marriage Act (Public Law changes that have taken place and give States in the South, Nazi prisoners of 104 199). credit to the consensus of conscience of war were treated better than African The Acting CHAIR. The gentleman civil rights that I think has prevailed Americans who had served in the war. from Kansas is recognized for 5 min- in this country and has aided us great- For the party of Lincoln to be on the utes. ly. floor of the House today on this issue, Mr. HUELSKAMP. Mr. Chairman, I But I would just say, this is not the when there were really Republicans know the hour is late; but as I think time nor the place for us to, within a that had joined in in the passage of the many of us believe, our Nation is not a short period of time on the floor of the Voting Rights Act, where Members of Nation of men; it’s a Nation of laws. House, try to make a significant my party refused to be willing to grant When a Congress passes and a Presi- change in that. And, therefore, with all these rights to African Americans and dent of any party signs a bill into law, due respect to my friend from Georgia to others, I think, is unfortunate. But Mr. Chairman, it is the law of the land. who points out some of the problems I think we may be at a point where we And if a new President or a new Attor- here, I would have to oppose this can move forward. ney General does not like an existing amendment. But I would hope that we To my friend from Georgia, who we law when they come into office, it’s not would have the courage to come to the are going to be in worship together to- his or her prerogative to decide wheth- floor and recognize that changes may morrow morning at 8 a.m., I yield to er or not to enforce that particular be necessary. you. law. This is an unprecedented authority Mr. BROUN of Georgia. I thank the b 2230 that is granted to the Justice Depart- gentleman from Pennsylvania. ment. No other jurisdictions are re- I apologize to my dear friend from It is his or her constitutional obliga- quired to come before the Justice De- Georgia if he’s gotten angry with this tion to defend it. But somehow, Mr. partment and ask for their permission amendment. It was never my intent to Chairman, I’m sorry to say this fact is as to whether they could make a do so. And I am going to ask unani- lost on the current administration. In change as simple as changing a date or mous consent to withdraw the amend- a very clear and flagrant violation of making any change with respect to any ment. its responsibilities, the U.S. Depart- election process in that jurisdiction. I deplore discrimination of any kind. ment of Justice, under the direction of So I would hope my friends on the As far as I am concerned, I believe in Attorney General Eric Holder, and other side who have, I think, appro- the Bible. I think it’s the only standard with the blessing of the President, have priately opposed the gentleman’s of truth that we have. As far as I am decided not to enforce the Defense of amendment would also recognize that concerned, there is only one race of Marriage Act, which has been the law there is a large area in which we should people: it’s the human race because we of the land since JOE BIDEN voted for it discuss the current status, vis-a-vis the all came from Adam and Eve. And no in 1996 and it was signed into law by current fact situations that exist with one—no one should be discriminated President Bill Clinton. all jurisdictions. against for any reason. Tonight, I’m offering an amendment Let us hope that as bad as the con- I have the same dream that Martin to prevent the Department of Justice duct has been in the past, that we be- Luther King had, where people are ac- from spending taxpayer money to un- lieve in redemption and that we believe cepted for their character and are not dermine the Defense of Marriage Act that there can be changed hearts, and discriminated against for their skin or and stop the Department of Justice we believe that we can change prac- their forefathers or anything else. And from ultimately undermining the rule tices and that we believe that, in fact, any insinuation that I would ever be- of law. maybe the good will of our fellow citi- lieve in any kind of discrimination or As many of us know, just last night zens will prevail. And when it has done that I would try to suppress anyone the 30th State actually passed an so, let us recognize that, give them from having their constitutionally amendment to amend its Constitution credit for it, and in the law provide in- given rights, I detest that accusation, to protect traditional marriage. That centives for other jurisdictions to also frankly. would be the State of North Carolina. change their ways. Mr. FATTAH. The hour is late. Re- In my opinion, it likely becomes an So with that, Mr. Chairman, I ask claiming my time, I want to thank you easy target for the administration. My that we not support this amendment, for withdrawing your amendment. And amendment would also prevent the De- but at the same time recognize the le- I thank the chairman for his previous partment of Justice from interfering in gitimacy of the shortcomings of the statements in this regard. North Carolina, or any other State, law, as applied currently, and the fail- Mr. BROUN of Georgia. I apologize over its marriage amendments and ure of the Congress to make the for any hurt feelings that anyone has marriage laws.

VerDate Sep 11 2014 14:19 Apr 19, 2018 Jkt 079102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\BR12\H09MY2.000 H09MY2 jstallworth on DSKBBY8HB2PROD with BOUND RECORD 6452 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 5 May 9, 2012 We have 30 States that have marriage they should enforce it. In fact, the ad- friends a lot more before the health amendments: Alaska, Nevada, Mis- ministration has been very clear: while care bill came up. sissippi, Missouri, Montana, Oregon they disagreed with the act, they So let’s be clear, there are now two Colorado, Tennessee, Arizona, Cali- would like it repealed, they in fact be- major pieces of legislation passed by fornia, Nebraska, Arkansas, Georgia, lieve it’s unconstitutional, it is now on this Congress—not this particular Kentucky, Louisiana, North Dakota, the books, and nothing is being done in one—that are being contested and peo- Ohio, Oklahoma, Utah, Texas, my fa- contravention of the Defense of Mar- ple are asking the U.S. Supreme Court vorite State, Kansas, Alabama, Idaho, riage Act. That is, there are no things to throw them out. One is the Defense South Carolina, South Dakota, Wis- now going on where the Federal Gov- of Marriage Act, one is the health care consin, Florida, North Carolina, Michi- ernment recognizes the rights of same- bill. You can be against, in principle, gan, and Virginia. sex marriage. the court’s throwing out an act of Con- The population of each of these So I guess my main opposition to gress as unconstitutional. You can be States passed the marriage amendment this is that the bill is already big for it in principle and differ as to the to define marriage as they saw fit, and enough, but it doesn’t add anything in application. But there isn’t any way this amendment would protect those substance. It adds a few words. I would that you can say it is perfectly legiti- definitions from any contribution by yield if anyone can tell me what the mate to cancel the health care bill this Department. reference is to not enforcing the act. through judicial intervention but not The Department of Justice and the Now it is true the administration de- to challenge the Defense of Marriage President of the United States do not clined to defend the act in court, but Act. have to agree with the law, Mr. Chair- not defending an act in court in no way So I assume they’re going to want a man, but they certainly have to en- means that you are contravening any roll call because they went through all force it and respect it. enforcement. Going to court is a dif- this effort, they’d like to be able to Even though I believe it would be in ferent story. As a matter of fact, the talk about it in campaigns. It literally their political best interest to do so, 30 House Republican leadership has voted means nothing because there is no con- States have constitutional amend- to go to court to defend it. travention going on now. So I’ll be glad ments, again, defining marriage be- So I, again, would be glad if someone to vote against it. If other people vote tween one man and one woman. We would tell me. The Defense of Marriage for it, they can do so. have current officials of this adminis- Act says the Federal Government will Again, the Defense of Marriage Act tration that have expressed their polit- grant no rights to same-sex married says you don’t grant benefits to same- ical preferences against traditional couples that come from marriage. It’s sex couples as if they were married. marriage, against the Defense of Mar- not doing that. I agree the administra- Nobody is doing that. That isn’t hap- riage Act, and against various mar- tion doesn’t like that, but the sugges- pening. It isn’t planned. It won’t hap- riage amendments. But whatever the tion that they are undermining the law pen until and unless the Supreme platform contains, whatever their per- is simply wrong. Court finds unconstitutionality. And sonal preferences are, unless those laws Now I understand—and this may be refusing to defend an act in court, in are changed, unless those amendments the confusion—that the gentleman the English language, is not contraven- are repealed by the people of these originally planned to offer a different tion. As a matter of fact, it says none States, they stand to remain the law of amendment, and that amendment, he of the funds made available may be their States and they remain the law of was told, was not in order. Maybe he used in contravention. Well, not going the land. changed the amendment and somebody to court is not using funds. Maybe he It’s clear, in my opinion, the admin- forgot to change the speech, because meant to say none of the funds under istration is turning the Justice Depart- the speech he gave may apply to the this act may be not used in contraven- ment into a legal mouthpiece for its earlier amendment, but it doesn’t tion, because we certainly aren’t campaign rather than its purpose: to apply to this one. So it seems to me spending by not spending any money. enforce the law. Most concerning is the kind of a waste. It’s late in the So maybe he meant to say we should fact that in turning the Justice De- evening. But the evening is shot any- spend the money, I don’t know. partment into an instrument for legis- way. But I understand his original inten- lating political favors rather than en- It does not say the administration tion was ruled out of order. He had a forcing the rule of law, this becomes shouldn’t go to court. That is not con- place in the agenda, so he offered an the Department of Politics, in my opin- travening the Defense of Marriage Act. amendment. But it doesn’t mean very ion—not the Department of Justice. Contravening the Defense of Marriage much. So, Mr. Chairman, I urge my col- Act would be extending benefits. And I I yield back the balance of my time. leagues to support this amendment, want to reassure the gentleman, when Mr. NADLER. Mr. Speaker, I move to support the folks of 30 States, the citi- I get married in July to Jim, I will not strike the last word. zens who have made decisions, and also be looking for any Federal benefits. He The Acting CHAIR. The gentleman the citizens of 50 States that have wouldn’t be eligible for my pension, from New York is recognized for 5 min- passed their marriage laws. These are even if I got one—I won’t get one. But utes. protected under the Defense of Mar- he wouldn’t be eligible if I got one. I Mr. NADLER. Mr. Speaker, I had an- riage Act under contravention by those am very familiar with this. ticipated and we had been told that the of us in Washington. In fact, nothing being done now by gentleman was going to offer an With that, I yield back the balance of the Federal Government or con- amendment that said none of the funds my time. templated by this administration con- in this Act may be used by the Justice Mr. FRANK of Massachusetts. I move travenes the Defense of Marriage Act. Department to argue for the Defense of to strike the requisite number of What the administration says is: We Marriage Act in court. And I was going words. think it’s unconstitutional, and we are to object on the same grounds that I The Acting CHAIR. The gentleman is going to oppose it. have in some other such amendments recognized for 5 minutes. Now I know there are some who say— earlier day—that we should not be po- Mr. FRANK of Massachusetts. Mr. the gentleman from Kansas, I agree, liticizing the Justice Department. We Chairman, to begin, I have read this didn’t say that—some have said, How should not be telling them: Do defend amendment. And if it were to be law in dare you to ask the court to throw out this in court; don’t defend that in an hour, it does not appear that it a law passed by Congress. You’ve heard court. would affect anything that’s now hap- that rhetoric. After all, Congress pening in the Federal Government. passed this. How does the court dare to b 2240 The gentleman said that they were overthrow it? Well, that’s an argument But as the gentleman from Massa- trying to undermine the act and that I used to hear from my conservative chusetts says, this amendment seems

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The only cir- Marriage Act. body may not personally approve of. cumstance I can envision under which Certainly out of political conven- I yield back the balance of my time. funds might be used in contravention ience, I would say would that it were, if Mr. KING of Iowa. Mr. Chairman, I of the Defense of Marriage Act would only this administration had been move to strike the last word. be after the Supreme Court declared granting immigration rights or inherit- The Acting CHAIR. The gentleman is the Defense of Marriage Act unconsti- ance and survivorship rights to com- recognized for 5 minutes. tutional. If the Court declared the De- mitted same-sex couples that were Mr. KING of Iowa. I rise in support of fense of Marriage Act unconstitutional, married in the States that have them; the Huelskamp amendment. I listened to the gentleman from Colorado say at then the Constitution frankly would but it is simply not the case. least three times, a government take- demand under the equal protection Now, I understand that there might over of marriage. Yes, the faith and the clause that funds be spent against the be fears that perhaps some day a future church and the churches have been the will of what had been the Defense of administration might seek to violate ones who have established marriage Marriage Act. the law in this area, but I think it over the centuries and over the mil- If the Defense of Marriage Act is un- shows a fixation to try to single out lennia. But when it comes to civil mar- constitutional, then someone who is this area. I mean, a future administra- riage, the government writes the rules. married under the laws of some State tion or any administration might try If the government is writing the rules, that permits same-sex marriage will to violate the law in any one of any it’s not a takeover of marriage. The demand to have joint filing of income number of areas. But to have a fixation definition of marriage from the begin- taxes or demand the tax benefits that a on and support for a government take- ning of time has been a man and spouse gets, and it would be unconsti- over of the institution of marriage is a woman joined together, hopefully in very dangerous precedent. And I wish tutional not to grant that. holy matrimony, for the purposes of So this amendment is frankly silly my colleagues on the other side of the encouraging a family unit and raising and shouldn’t clutter the statute books aisle would help preserve the integrity children and pouring our values down because until and unless the Defense of of marriage in this country and its im- through that crucible of marriage into portance to all families, including Marriage Act is declared unconstitu- the next generation because that’s the mine, and my colleague from Massa- tional, it means nothing. And once the most successful and effective way that Defense of Marriage Act is declared un- chusetts and many others. we can advance civilization. constitutional, if it is, then this itself We do not currently use any funds in Government has an interest in pro- would be unconstitutional as against contravention of the Defense of Mar- moting marriage for the purposes of the equal protection clause. riage Act. There are a number of us in holding together the continuity of our So I urge people to vote against it be- this body who seek to repeal this act. culture and our civilization. It is not a cause, one, we shouldn’t pass meaning- This House as a whole has not repealed nefarious thing. It’s not the govern- less statutes, which this is or would be, this act. It very much has the rule of ment taking over marriage. It is the unless DOMA is declared unconstitu- law. But just like other laws, the ad- voice of the American culture and the tional. And we shouldn’t pass clearly ministration and the executive branch American people seeking to advance unconstitutional statutes which this are charged with implementing that into the following generations the best would be if DOMA is declared unconsti- law. values that we have. tutional. So it is either meaningless I think it is a bizarre step to single And those that say it is discrimina- and unnecessary in the one case or un- out one particular area of law with tion to determine what marriage is, I constitutional in the other and, frank- many, many, many laws that the exec- would argue instead, Mr. Chairman, ly, ought to be withdrawn, but cer- utive branch operates under and say we that government provides a license. tainly should not be voted for; and so I don’t want them to violate this law The States provide licenses for mar- urge my colleagues not to vote for this, when there is of course no evidence, no riage. A license is a definition to do whatever you think of DOMA, frankly. sign, no indication that any adminis- that which is otherwise illegal. A li- Because if DOMA is declared unconsti- tration, Democratic or Republican, has cense to hunt, a license to carry a gun, tutional, this would be unconstitu- any desire to violate this law. a license to fish, for example. tional; and if it’s not, it’s unnecessary The decision not to defend this law is Mr. POLIS. Will the gentleman and has no effect in any event. So I unaffected by this amendment. To be yield? don’t know what the point of wasting clear, if this amendment passes, it has Mr. KING of Iowa. I want to finish our time with it is, but we should op- no bearing on the administration’s de- my statement, but if I have time, I will pose it. cision not to defend the undefensible, yield to the gentleman from Colorado. I yield back the balance of my time. namely, the government takeover of States issue marriage licenses be- Mr. POLIS. Mr. Chairman, I move to marriage that my colleagues on the cause they want to promote and en- strike the last word. other side of the aisle seem to support. courage an activity and a behavior, not The Acting CHAIR. The gentleman Marriage is a very personal relation- because they want to punish another from Colorado is recognized for 5 min- ship between two people who are in behavior. It is because there is some- utes. love. And, of course, it’s precise defini- thing that they have determined has Mr. POLIS. Mr. Chairman, this is a tion is up to each State in terms of value, and so they give a permit to do very strange amendment, as my col- who they allow and under what condi- that which is otherwise illegal, and leagues have pointed out. We are obvi- tions they allow to marry. And to have that’s what a definition of a license is. ously a very diverse country. Some the Federal Government enter this de- With regard to the President and the States allow same-sex marriages; oth- bate is very contrary to the definition executive branch, the Constitution and ers do not. Some have civil unions. My of marriage itself and frankly debases the oath that’s implied in the Constitu- home State of Colorado is currently the thousands of same-sex marriages tion, the oath that the President takes discussing this issue in the State legis- that have occurred in this country. that is implied that he adheres to in lature. It is certainly very contentious, So again, while this amendment the Constitution says he shall take and I wish them well in coming to a would do nothing and certainly care that the laws are faithfully exe- speedy resolution. wouldn’t jeopardize the administra- cuted. What this amendment does is simply tion’s decision not to defend the And so the law of the United States contravene something that doesn’t undefensible, namely, the government is DOMA, the Defense of Marriage Act.

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I think that this entire dent and the executive branch are and the Solicitor General to work string of limitation amendments is dis- bound by his oath, and they take their against Federal law will turn this turbing because they continue a pat- own oath to uphold this Constitution. thing 180 and use the Federal resources tern now that’s gone on for 18 months, And when the President of the United against the will of the people of the and I don’t think that’s what an open States decides he is going to flip on his United States, and that’s the rule is all about. position, or maybe let it evolve into a Huelskamp amendment, and I support I yield back the balance of my time. condition, and then direct, and I be- it. Ms. JACKSON LEE of Texas. Mr. lieve it is direct, the Department of I yield back the balance of my time. Chairman, I move to strike the req- Justice to first refuse to support and Mr. LATOURETTE. Mr. Chairman, I uisite number of words. have the Solicitor General no longer move to strike the last word. The Acting CHAIR. The gentlewoman support Federal law passed by a major- The Acting CHAIR. The gentleman is recognized for 5 minutes. Ms. JACKSON LEE of Texas. I thank ity of this Congress, the House and from Ohio is recognized for 5 minutes. the distinguished gentleman from Ohio Senate and signed by President Clinton Mr. LATOURETTE. Mr. Chairman, I who just spoke on the floor of the and then turn around, and now we’re didn’t plan to speak on this amend- House. He’s an appropriator, and he concerned that they are going to use ment; but I have to tell you, I find it to sees this litany of limitations as being taxpayer resources to defy a legitimate be an unfortunate amendment. I find it challenging. I know that Members are to be an unfortunate amendment not law that is the will of the people and probably drafting some more limita- for what some people might suspect. I on the books in the Federal Register. tions as we speak, and I certainly re- That’s what the amendment does was here for the Defense of Marriage spect their prerogative. that Mr. HUELSKAMP has offered. It Act. I supported the Defense of Mar- I would just add this point: as I lis- says it’s bad enough that you don’t riage Act. I believe the Defense of Mar- tened to my good friend from Iowa— keep your oath to take care that the riage Act is constitutional. who I know is certainly a civil liber- laws of the United States are faithfully But this amendment is symptomatic tarian and believes in individual rights, executed, and we want to say to you, of what I think the problem of this and I would imagine the proponent of Don’t at least turn a 180 on us and go Congress has been since it convened this amendment does as well—I would against the will of the American people last January, and that is first the CR ask the proponent of the amendment, and use taxpayer dollars to work and then some other bills, and now the as he has listened to the debate, to against the will of the American peo- appropriations bills. Some folks have simply withdraw the amendment. ple, against your oath of office and decided that they should just be a pi- There are several factors that would against the statute. nata, filled with all kinds of extraneous contribute to that: one, the query that So out of courtesy, I would yield to issues that have nothing to do with the was made by the gentleman from Mas- the gentleman from Colorado. core mission. sachusetts as to whether the amend- Mr. POLIS. I thank the gentleman This issue that is the subject of this ment even does anything. But as well, from Iowa. amendment, I would tell the author if we look at the 10th Amendment— Just for a brief question, the gentle- who was not here when DOMA was which my friends on the other side of man’s home State of Iowa does allow passed, is being resolved. The Justice the aisle have always paraded before same-sex couples to marry, and I would Department, I think wrongly, made a us—that even though there is a Federal just like to ask in reference to the first decision not to defend the lawsuit. But law, the DOMA law, that there are part of your remarks whether your as Mr. NADLER said in a previous matters that should be left to the home State of Iowa in any way, shape, amendment, and I commend him for States. or form, whether civilization is in jeop- saying it, that’s the executive’s prerog- As recounted by the gentleman from ardy or if any of the things that you ative. But once they make that deci- Colorado, there are many different po- mentioned in the early part of your re- sion, the Congress is not powerless, and sitions on this issue throughout the marks have, in fact, hurt your home the Congress has taken action. And so different States. Some have positions, State of Iowa? the committee that exists here in the some do not. Now we have an amend- Mr. KING of Iowa. Reclaiming my House voted to employ outside counsel. ment that simply seems to deal with time, civilization is in jeopardy. It’s in Outside counsel is vigorously defending actions stated by the executive on this jeopardy when you have seven supreme the House’s position in the Defense of very day. court justices in the State of Iowa who Marriage Act, and I think there are 30 My friend from Iowa wanted to speak declare that they have found rights in lawsuits across the country. about what the President has said and the Constitution that were up to this what he has not said. What are we dis- b 2250 point ‘‘unimagined.’’ If you have jus- cussing here, the views of the President tices that find unimagined rights in This matter will be resolved, and the or the actions of the executive? The ac- the Constitution, they are completely courts will either say that it’s con- tions of the executive, as has been stat- unqualified to legislate from the bench stitutional or unconstitutional, and ed, are their prerogative. And clearly, or determine what’s constitutional and then we will all abide by that decision. there have been no actions by the gov- what’s unconstitutional; and three of Now, where I find fault with my ernment that should be contravened. the seven were up for a retention ballot Democratic friends is that we’ve had a More importantly, I believe in the a year ago last November, and they couple of markups in the legislative civil liberties of all people and the were all three voted off the bench, the branch, and they’re all exercised about rights of all people. I believe that this first time in the history of the State, the money that it’s costing us for out- amendment undermines the rights of partly because people disagreed with side counsel. Well, you can’t have it all people and would graciously ask the policy they sought to impose by both ways. Either the administration this Member to look at it from both legislating from the bench, mostly be- is going to defend it through the Jus- the perspective of individual rights, of cause the people in the State under- tice Department, or we’re going to civil liberties, of the 10th Amendment, stood that you cannot have judges that avail ourselves of our constitutional and whether or not the executive has will find rights in the Constitution responsibilities, hire outside counsel. done anything that relates to his that were up to this point unimagined. So you can’t criticize the speaker for amendment. Judges that can imagine rights in the paying a lawyer to defend their posi- I, lastly, will say that the President Constitution will take your rights tion. of the United States, who commented

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There are no actions administration—of whatever stripe—is engage in a colloquy with the esteemed to be contravened, so I ask the gen- obligated to attempt to defend those subcommittee chair. tleman to respectfully withdraw his laws unless they can’t find a constitu- First of all, I wanted to support the amendment. tional basis for it, not to seek every inclusion of $47 million in the National I yield back the balance of my time. possible unconstitutional basis so they Science Foundation Educational and Mr. DANIEL E. LUNGREN of Cali- don’t have to defend. That’s what the Human Resources Account. This is fornia. Mr. Chairman, I move to strike problem is here. going to really further the effort to the requisite number of words. And so while I understand many of help educate Americans in the area of The Acting CHAIR. The gentleman is the arguments made here and I under- science, technology, engineering, and recognized for 5 minutes. stand what my friend from Ohio said— mathematics. It will help inspire many Mr. DANIEL E. LUNGREN of Cali- and I agree with much of what he of our young people to study math and fornia. Mr. Chairman, I wasn’t going to said—let’s not just say, well, it’s the science and then go into these engi- speak, but I have heard this argument prerogative of the executive branch to neering and technology fields as ca- made time and time again that it’s the decide if they want to defend laws reers. prerogative of the executive branch to passed by the United States. That has Some of the most engaging ways to decide whether it’s going to defend a not been the tradition of this country. inspire young people to study math and law legally passed by the Congress and It has not been the experience. It has science involve informal education set- signed by the President. That is hyper- not been the legacy of Democratic and tings, such as our science centers bole. That is incorrect. Republican administrations going back throughout this country, most notably, There is an obligation, by tradition to the founding of this Republic. the Detroit Science Center, which en- and by the law, that the Attorney Gen- Ms. JACKSON LEE of Texas. Will the gages in programs that inspire many eral is duty bound to defend duly con- gentleman yield? inner-city youth and metro-Detroit stituted laws of the United States so Mr. DANIEL E. LUNGREN of Cali- youth to get involved in education in long as he or she can find a constitu- fornia. I yield to the gentlelady. science and mathematics. tional basis for it. It is not the purpose, So I wanted to thank the chair and b 2300 nor has it been in the past, in Demo- the ranking member for including the cratic and Republican administrations, Ms. JACKSON LEE of Texas. I thank resources in the National Science for a Justice Department to arrogate the distinguished gentleman from Cali- Foundation’s budget to help provide to themselves the responsibility of de- fornia. I’m not sure if he misinter- competitive grants to many organiza- ciding which laws they like and which preted comments that have been made tions such as the Detroit Science Cen- laws they did not like. You are sup- on the floor of the House, but I will ter to help further inspire and engage posed to be the attorney for the United just speak to this point. our young people to study math and States and recognized as such. That is too broad a statement to say science. I recall as Attorney General of Cali- about the present Department of Jus- And we have a lot of jobs available, fornia I was required at times to defend tice when every single day lawyers in even in metro Detroit in manufac- laws that I had voted against, but I the Department of Justice, including turing and technology. We just need could find a constitutional basis for it. the Attorney General, go out and de- the people trained in those areas. This My real problem with this administra- fend the laws of this land. And so I’d effort, this funding will help encourage tion is they strained to find any con- ask the gentleman to reflect on that many of our young people to enjoy the stitutional basis to not defend. That is broad statement because that is not ac- intellectual stimulation of math and turning it on its side. curate. science, and then encourage them to go The point of fact is when the execu- I thank the gentleman for yielding. into careers that are not only fruitful tive branch does not do what they Mr. DANIEL E. LUNGREN of Cali- for them, but will help our country’s should do, it requires us to make a de- fornia. I take back my time. economy become more competitive in cision as to whether we should now pay I will not accept the gentlelady’s ar- the global marketplace. for outside counsel. That has not been gument that I was condemning the ac- Mr. WOLF. Will the gentleman yield? the tradition of the United States. tions of those people in the Justice De- Mr. CLARKE of Michigan. I yield to This Justice Department, in my judg- partment who are excellent civil serv- the gentleman from Virginia. ment, based on the experience I’ve had ants. Mr. WOLF. I thank the gentleman for here in this Congress, 18 years, my I am specifically talking about the his interest in and advocacy for STEM years as the chief legal officer of the Attorney General of the United States education. I share his belief that STEM State of California, and 35 or 40 years who, evidently, made the decision or, if education must be a national priority, as a practicing attorney, tells me that he didn’t make the decision, failed to and I think the more we invest in it, it this administration has fundamentally make the proper decision to uphold the is very important for this country so failed in its obligation to attempt to laws of the United States duly enacted the 21st century is the American cen- faithfully carry out the laws of the by this Congress. tury and not the Chinese century. And United States, not to wake up every I yield back the balance of my time. I look forward to working with him on morning and decide: I think I can find The Acting CHAIR. The question is this issue as we move forward. an unconstitutional basis for a law on the amendment offered by the gen- Mr. CLARKE of Michigan. Mr. Chair, passed by the Congress. tleman from Kansas (Mr. HUELSKAMP). I yield back the balance of my time. Think of what that would mean. It The question was taken; and the Act- Mr. WOLF. Mr. Chairman, I move would mean that you have an adminis- ing Chair announced that the ayes ap- that the Committee do now rise. tration in every instance deciding what peared to have it. The motion was agreed to. laws they want and what laws they Mr. FATTAH. Mr. Chairman, I de- Accordingly, the Committee rose; don’t want that are on the books, in- mand a recorded vote. and the Speaker pro tempore (Mr. stead of coming here to the Congress The Acting CHAIR. Pursuant to WESTMORELAND) having assumed the and attempting to change what the law clause 6 of rule XVIII, further pro- chair, Mr. PRICE of Georgia, Acting is. If we believe that we have an obliga- ceedings on the amendment offered by Chair of the Committee of the Whole tion when we hold up our hands to up- the gentleman from Kansas will be House on the state of the Union, re- hold the Constitution, that means we postponed. ported that that Committee, having

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had under consideration the bill (H.R. Second amendment by Mr. FLAKE of Paulsen Roskam Sullivan 5326) making appropriations for the De- Arizona. Pearce Ross (AR) Thompson (PA) Pence Ross (FL) Thornberry partments of Commerce and Justice, Third amendment by Mr. FLAKE of Peterson Royce Tiberi Science, and Related Agencies for the Arizona. Petri Runyan Tipton fiscal year ending September 30, 2013, The Chair will reduce to 2 minutes Pitts Ryan (WI) Turner (NY) and for other purposes, had come to no the time for any electronic vote after Platts Scalise Turner (OH) Poe (TX) Schilling Upton resolution thereon. the first vote in this series. Pompeo Schmidt Walberg f AMENDMENT NO. 24 OFFERED BY MR. Posey Schock Walden HUELSKAMP Price (GA) Schweikert Walsh (IL) REPORT ON RESOLUTION PRO- Rahall Scott (SC) Webster VIDING FOR CONSIDERATION OF The Acting CHAIR. The unfinished Reed Scott, Austin West H.R. 5652, SEQUESTER REPLACE- business is the demand for a recorded Rehberg Sensenbrenner Westmoreland MENT RECONCILIATION ACT OF vote on the amendment offered by the Renacci Sessions Whitfield 2012 gentleman from Kansas (Mr. Ribble Shimkus Wilson (SC) HUELSKAMP) on which further pro- Rigell Shuler Wittman Mr. WOODALL, from the Committee Rivera Shuster Wolf ceedings were postponed and on which on Rules, submitted a privileged report Roby Simpson Womack the ayes prevailed by voice vote. (Rept. No. 112–472) on the resolution (H. Roe (TN) Smith (NE) Woodall The Clerk will redesignate the Rogers (AL) Smith (NJ) Yoder Res. 648) providing for consideration of amendment. Rogers (KY) Smith (TX) Young (AK) the bill (H.R. 5652) to provide for rec- The Clerk redesignated the amend- Rogers (MI) Southerland Young (FL) onciliation pursuant to section 201 of Rohrabacher Stearns Young (IN) ment. the concurrent resolution on the budg- Rokita Stivers et for fiscal year 2013, which was re- RECORDED VOTE Rooney Stutzman ferred to the House Calendar and or- The Acting CHAIR. A recorded vote NOES—171 dered to be printed. has been demanded. Ackerman Green, Gene Owens f A recorded vote was ordered. Altmire Grijalva Pallone The vote was taken by electronic de- Andrews Gutierrez Pascrell COMMERCE, JUSTICE, SCIENCE, vice, and there were—ayes 245, noes 171, Baca Hahn Pastor (AZ) AND RELATED AGENCIES APPRO- not voting 15, as follows: Baldwin Hanabusa Pelosi PRIATIONS ACT, 2013 Bass (CA) Hanna Perlmutter [Roll No. 235] Becerra Hastings (FL) Peters The SPEAKER pro tempore. Pursu- AYES—245 Berkley Hayworth Pingree (ME) ant to House Resolution 643 and rule Berman Heinrich Polis Adams Dent Jenkins Bishop (NY) Higgins Price (NC) XVIII, the Chair declares the House in Aderholt DesJarlais Johnson (IL) Blumenauer Himes Quigley the Committee of the Whole House on Akin Diaz-Balart Johnson (OH) Bonamici Hinchey Rangel Alexander Dold Johnson, Sam the state of the Union for the further Bono Mack Hinojosa Reyes consideration of the bill, H.R. 5326. Amash Dreier Jones Amodei Duffy Jordan Boswell Hirono Richardson Will the gentleman from Georgia Austria Duncan (SC) Kelly Brady (PA) Hochul Richmond (Mr. PRICE) kindly resume the chair. Bachmann Duncan (TN) King (IA) Brown (FL) Holt Ros-Lehtinen Bachus Ellmers King (NY) Butterfield Honda Rothman (NJ) b 2305 Barletta Emerson Kingston Capps Hoyer Roybal-Allard Capuano Israel Ruppersberger IN THE COMMITTEE OF THE WHOLE Barrow Farenthold Kinzinger (IL) Bartlett Fincher Kissell Cardoza Jackson (IL) Rush Accordingly, the House resolved Barton (TX) Fitzpatrick Kline Carney Jackson Lee Ryan (OH) itself into the Committee of the Whole Bass (NH) Flake Labrador Carson (IN) (TX) Sa´ nchez, Linda House on the state of the Union for the Benishek Fleischmann Lamborn Castor (FL) Johnson (GA) T. further consideration of the bill (H.R. Berg Fleming Lance Chu Johnson, E. B. Sanchez, Loretta Biggert Flores Landry Cicilline Kaptur Sarbanes 5326) making appropriations for the De- Bilbray Forbes Lankford Clarke (MI) Keating Schakowsky partments of Commerce and Justice, Bilirakis Fortenberry Latham Clarke (NY) Kildee Schiff Science, and Related Agencies for the Bishop (GA) Foxx Latta Clay Kind Schrader Bishop (UT) Franks (AZ) Lipinski fiscal year ending September 30, 2013, Cleaver Larsen (WA) Schwartz Black Frelinghuysen LoBiondo Clyburn Larson (CT) Scott (VA) and for other purposes, with Mr. PRICE Blackburn Gallegly Long Cohen LaTourette Scott, David of Georgia (Acting Chair) in the chair. Bonner Gardner Lucas Conyers Lee (CA) Serrano Boren Garrett Luetkemeyer The Clerk read the title of the bill. Cooper Levin Sewell Boustany Gerlach Lungren, Daniel Costa Lewis (CA) Sherman The Acting CHAIR. When the Com- Brady (TX) Gibbs E. Courtney Lewis (GA) Sires mittee of the Whole rose earlier today, Brooks Gibson Mack Crowley Loebsack Smith (WA) an amendment offered by the gen- Broun (GA) Gingrey (GA) Manzullo Buchanan Gohmert Marchant Cummings Lofgren, Zoe Speier tleman from Kansas (Mr. HUELSKAMP) Bucshon Goodlatte Marino Davis (CA) Lowey Stark ´ had been disposed of and the bill had Buerkle Gosar Matheson Davis (IL) Lujan Sutton been read through page 101, line 10. Burgess Gowdy McCarthy (CA) DeFazio Lynch Terry Pursuant to clause 6 of rule XVIII, Burton (IN) Granger McClintock DeGette Maloney Thompson (CA) Calvert Graves (GA) McCotter DeLauro Markey Thompson (MS) proceedings will now resume on those Camp Graves (MO) McHenry Deutch Matsui Tierney amendments on which further pro- Campbell Griffin (AR) McIntyre Dicks McCarthy (NY) Tonko ceedings were postponed, in the fol- Canseco Griffith (VA) McKeon Dingell McCollum Towns lowing order: Capito Grimm McKinley Doggett McDermott Tsongas Carter Guinta McMorris Doyle McGovern Van Hollen Amendment No. 24 by Mr. Cassidy Guthrie Rodgers Edwards McNerney Vela´ zquez HUELSKAMP of Kansas. Chabot Hall Meehan Ellison Michaud Visclosky An amendment by Mr. LANDRY of Chaffetz Harper Mica Engel Miller (NC) Walz (MN) Louisiana. Chandler Harris Miller (FL) Eshoo Miller, George Wasserman Coble Hartzler Miller (MI) Schultz Amendment No. 32 by Mr. GARDNER Farr Moore Coffman (CO) Hastings (WA) Miller, Gary Fattah Moran Waters of Colorado. Cole Heck Mulvaney Frank (MA) Murphy (CT) Watt An amendment by Mr. ROHRABACHER Conaway Hensarling Murphy (PA) Fudge Nadler Waxman of California. Costello Herger Myrick Garamendi Napolitano Welch Cravaack Herrera Beutler Neugebauer Gonzalez Neal Wilson (FL) An amendment by Mr. LEWIS of Geor- Crawford Holden Noem Green, Al Olver Woolsey gia. Crenshaw Huelskamp Nugent Critz Huizenga (MI) Nunes An amendment by Mr. HOLT of New NOT VOTING—15 Jersey. Cuellar Hultgren Nunnelee Culberson Hunter Olson Braley (IA) Filner Meeks Amendment No. 7 by Mr. CRAVAACK Davis (KY) Hurt Palazzo Cantor Kucinich Quayle of Minnesota. Denham Issa Paul Carnahan Langevin Reichert Connolly (VA) Lummis Slaughter Donnelly (IN) McCaul Yarmuth

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