Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, FIRST SESSION

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

SENATE—Thursday, December 8, 2011

The Senate met at 9:31 a.m. and was RESERVATION OF LEADER TIME tant job in a very heavily populated called to order by the Honorable JON The ACTING PRESIDENT pro tem- State. While there, he recovered bil- TESTER, a Senator from the State of pore. Under the previous order, the lions of dollars from pension funds on Montana. leadership time is reserved. behalf of retirees, investors, and others. He took action against fraudulent PRAYER f foreclosures and predatory lending. He The Chaplain, Dr. Barry C. Black, of- RECOGNITION OF THE MAJORITY is qualified, and he is a man of dili- fered the following prayer: LEADER gence. Let us pray. The ACTING PRESIDENT pro tem- The Republicans are blocking his King and judge of the universe, You pore. The majority leader is recog- nomination and not allowing a vote be- rule with righteousness and govern nized. cause they don’t like the Federal agency he would lead, an agency established with justice. You have been good to us, f restoring our strength and directing by law. This is the first time in the our footsteps. SCHEDULE Senate’s history that a party has Today guide our Senators in their la- Mr. REID. Mr. President, following blocked a qualified candidate solely be- bors. In these difficult days empower leader remarks, the Senate will be in cause they disagreed with the existence them to produce dividends of character executive session to consider the nomi- of an agency that has been created by and grace. We pray not for tasks fitted nation of Richard Cordray to be Direc- law. to their strength but for strength tor of the Consumer Financial Protec- Republicans are doing this to under- which fits them for their tasks. In the tion Bureau. At 10:30 a.m., there will be mine the system of law we have in our hard decisions of this day, guide them a cloture vote on the Cordray nomina- country. Democrats fought to pass by Your word and spirit. tion. If cloture is not invoked, the Sen- Wall Street reform last year to protect We pray in Your loving Name. Amen. ate will resume consideration of the against the greed of big banks. Well, motion to proceed to S. 1944, the Mid- without a director, the Consumer Fi- f dle Class Tax Cut of 2011. As a reminder nancial Protection Bureau doesn’t have PLEDGE OF ALLEGIANCE to all Senators, cloture has been filed the tools it needs to get the job done. on the motion to proceed to S. 1944. It is shocking that despite the eco- The Honorable JON TESTER, a Sen- nomic crash in our rearview mirror—it ator from the State of Montana, led Unless an agreement is reached, that will be tomorrow morning. is easy to look back and see what hap- the Pledge of Allegiance, as follows: pened because of Wall Street greed— f I pledge allegiance to the Flag of the Republicans, in spite of that, would United States of America, and to the Repub- CORDRAY NOMINATION leave consumers without a watchdog to lic for which it stands, one nation under God, guard against the greed of Wall Street. indivisible, with liberty and justice for all. Mr. REID. Mr. President, shortly the Senate will vote on the confirmation of That is unfortunate. f Richard Cordray to lead the Consumer Would the Chair announce the busi- Financial Protection Bureau. Again, ness of the day. APPOINTMENT OF ACTING the Consumer Financial Protection Bu- PRESIDENT PRO TEMPORE f reau. I stress ‘‘consumer.’’ By now we The PRESIDING OFFICER. The all know my Republican colleagues EXECUTIVE SESSION clerk will please read a communication will filibuster Mr. Cordray’s nomina- to the Senate from the President pro tion. They said they will. This is not an tempore (Mr. INOUYE). up-or-down vote. In the Republicans’ NOMINATION OF RICHARD The assistant legislative clerk read effort to not allow this vote, they are CORDRAY TO BE DIRECTOR, BU- the following letter: stopping a vote on this very qualified REAU OF CONSUMER FINANCIAL U.S. SENATE, man. PROTECTION PRESIDENT PRO TEMPORE, They are not blocking this nomina- The ACTING PRESIDENT pro tem- Washington, DC, December 8, 2011. tion because of any fault, real or per- pore. Under the previous order, the To the Senate: ceived, in this candidate. He has bipar- Senate will proceed to executive ses- Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby tisan support and is eminently quali- sion to consider the following nomina- appoint the Honorable JON TESTER, a Sen- fied. He has a long history of pro- tion, which the clerk will report. ator from the State of Montana, to perform tecting consumers against the unfair The assistant legislative clerk read the duties of the Chair. practice of financial predators. He cur- the nomination of Richard Cordray, of DANIEL K. INOUYE, rently serves as chief of enforcement at Ohio, to be Director, Bureau of Con- President pro tempore. the Bureau. sumer Financial Protection. Mr. TESTER thereupon assumed the Before that, Mr. Cordray served as The ACTING PRESIDENT pro tem- chair as Acting President pro tempore. Ohio’s attorney general, a very impor- pore. Under the previous order, the

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

19185 VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00001 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19186 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 time until 10:30 a.m. will be equally di- clude the overseers as well. Unelected their criticism of the Fed’s failure to vided and controlled between the two bureaucrats must be held accountable regulate subprime mortgages and the leaders or their designees. to the American people, and that is ex- OCC’s preemption of State consumer Mr. REID. I ask that a quorum be actly what our proposal would do. So it protection laws. called and the time be equally divided is up to the President. Republicans I strongly agree with the majority between the two sides. have outlined our concerns and they that our regulators failed to do their The ACTING PRESIDENT pro tem- are well known. We are not going to let jobs in the lead-up to the financial cri- pore. Without objection, it is so or- the President put another unelected sis. But the lesson we should learn dered. czar in place, unaccountable to the from the financial crisis is not that we The clerk will call the roll. American people. And, frankly, his re- need more unaccountable regulators. The assistant legislative clerk pro- fusal to work with us only deepens our Instead, all of our financial regulators ceeded to call the roll. concerns. The CFPB requires reforms need to be held more accountable. Mr. MCCONNELL. Mr. President, I before any nominee can be confirmed. ask that the order for the quorum call Just as banks should be held ac- It is time the President takes these be rescinded. countable for their failures, regulators The ACTING PRESIDENT pro tem- concerns seriously. should also be held accountable for pore. Without objection, it is so or- I look forward to hearing from the theirs. After all, if regulators know dered. President on this issue so we can put in Congress can hold them accountable, place the kind of oversight and ac- RECOGNITION OF THE MINORITY LEADER they will have a far stronger incentive The ACTING PRESIDENT pro tem- countability the American people ex- to do their jobs. That will be good, as pore. The Republican leader is recog- pect in an agency of this size and this we all know, for consumers. That is nized. scope. Until then, I will vote against why, if the Bureau is reformed, the big- Mr. MCCONNELL. This morning the this nominee for the CFPB and any gest winners will be the American con- Senate will vote whether the new Con- others that this or any other President sumers. sumer Financial Protection Bureau sends until he works to fix the prob- Today, however, the majority will should be able to put a director in lems, until he brings transparency to show that they are now more con- place before concerns about its ac- this bureaucracy and accountability to cerned with insulating bureaucrats countability to the American people the American people. from accountability and rewarding po- are addressed. Let me stress that is all I yield the floor and suggest the ab- litical allies than looking out for con- today’s vote is about. Today’s vote is sence of a quorum. sumers. The administration and the about accountability and transparency. The ACTING PRESIDENT pro tem- majority will try to argue that the Bu- It is a debate about whether we think pore. The clerk will call the roll. reau already is accountable. Indeed, Americans need more oversight over The assistant legislative clerk pro- they will say it is more accountable Washington or less. ceeded to call the roll. than any other financial regulator. But Mr. SHELBY. Mr. President, I ask Republicans made our position clear let’s look at the facts. The facts tell a unanimous consent that the order for more than 7 months ago when 44 of us different story. the quorum call be rescinded. signed a letter saying we will not sup- First, it is necessary to appreciate port a nominee for this Bureau, no The ACTING PRESIDENT pro tempore. Without objection, it is so or- the amount of power placed in the matter who the President is, until hands of the Director of this Bureau. three commonsense conditions are met dered. Mr. SHELBY. Mr. President, I rise No bureaucrat will have more power that would bring some transparency over the daily economic lives of Ameri- and accountability to the CFPB. That today in opposition to the motion to invoke cloture on the nomination of cans than this Director. The Director, letter now has 45 signatories. in effect, will decide which Americans The President knew about these con- Richard Cordray to be the Director of can access credit to buy homes, pur- cerns months ago and he chose to dis- the Bureau of Consumer Financial Pro- chase cars, and pay for college. The Di- miss them. Now he is suddenly making tection. rector will regulate not only financial a push to confirm his nominee because Earlier this year, I and 44 of my col- it fits into some picture he wants to leagues sent a letter to the President companies but also tens of thousands paint about who the good guys are and expressing our concerns with the unac- of Main Street businesses. Also, the Di- who the bad guys are here in Wash- countable structure of the Bureau. It is rector will unilaterally decide how the ington. So, once again, Democrats are now 7 months later and the President Bureau spends its up to $600 million using the Senate floor this week to has yet to respond. budget. stage a little political theater. They The majority has called for a vote Despite the vast power vested in the are setting up a vote they know will they know will fail today. It is evident hands of the Director, there are no ef- fail so they can act shocked about it the White House and the majority have fective checks on the Director’s au- later. This is what passes for leadership decided to place politics ahead of good thority. To truly understand just how at the White House right now. policy. They have chosen to fabricate a unusual the structure of the Bureau is, The President has made his choice political issue rather than do what is one need only compare it to other inde- about how to deal with this issue, and in the best interests of consumers. pendent agencies. we have made ours. What we have said Nonetheless, they claim this debate is Unlike the Chairman of the SEC, the is that until this or any other Presi- about consumer protection. CFTC, and the Federal Reserve, the Di- dent addresses these legitimate con- There is no disagreement, however, rector of the Bureau does not have to cerns, we cannot and will not support a that consumer protection, as the Act- obtain the agreement of other board nominee. Here is what we said in that ing President pro tempore knows, members or other government officials letter 7 months ago: First, replace the needs to be enhanced. The only real before acting. Unlike other consumer single Director with a board of direc- point of contention is whether the new protection agencies, the Bureau is not tors who would oversee the Bureau. Bureau of Consumer Financial Protec- subject to the congressional appropria- Second, subject the Bureau to the con- tion will be accountable to the Amer- tions process. Indeed, other consumer gressional appropriations process. ican people. protection agencies, such as the Fed- Third, allow other financial regulators If we believe regulators never fail, eral Trade Commission and the Securi- to provide a check on CFPB rules so then the current structure of the Bu- ties and Exchange Commission, are they don’t imperil the health of finan- reau is just fine. Yet we all know regu- both subject to appropriations and are cial institutions and lead to unneces- lators do fail and their failures harm governed by five-member boards. sary bank failures. consumers. To further ensure against one party Look, everybody supports strong and Members of the majority, I believe, domination, the FTC and the SEC can effective oversight, but that has to in- have repeatedly made this point with have no more than three members from

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00002 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19187 the same political party. Another im- runaway spending. I believe the fiscally perately for the Bureau to be unac- portant comparison is with the Con- responsible way to fund the Bureau is countable. They want the Bureau to be sumer Product Safety Commission. through the congressional appropria- a permanent funding machine for their This agency actually served as the tions process just as every other con- political allies. template for Professor Warren when sumer protection agency is funded. Finally, we are going to hear that she first advocated for the creation of a Our third reform proposal is to create our methods to achieve reform are un- consumer protection agency in an arti- an effective safety and soundness check precedented in the history of the Sen- cle several years ago. How is the Con- for the prudential bank regulators. ate. It has been said: sumer Product Safety Commission Some have said the Bureau already Never before has the consideration of a structured? It is, first, funded through has a check under the so-called Finan- nominee been conditioned on a change in the appropriations, and there is a five- cial Stability Oversight Council veto. law. member commission. But this veto was designed so it would This, of course, is ridiculous on its Opponents of accountability have never actually constrain the Bureau. face. It is nonsense. Nominees are held sought to justify the structure of this The council can only overturn a rule in routinely in the Senate by both par- Bureau by pointing to the Office of the an extremely rare case: The rule must ties, for any number of reasons, includ- Comptroller of the Currency and the put at risk the safety and soundness of ing the desire to make changes in ex- Federal Housing Finance Agency. Once the entire U.S. banking system or the isting law. The only thing different in again, the facts refute their argument. stability of the U.S. financial system. this particular case is that it is com- First, the Comptroller can be re- Under this construct, a rule could pletely transparent. No secret back- moved at any time by the President for cause the failure of multiple banks, but room deals. We are right here in the any reason. In contrast, the President the council still would not have stand- open. can remove the Director of the Bureau ing to alter the rule. Additionally, the After all the harm caused to con- only for limited grounds of ‘‘ineffi- procedure is rigged to prevent the sumers by financial regulators, it is ciency, neglect of duty or malfea- council from acting. It takes an affirm- time the majority stops using con- sance.’’ This means the Director of the ative vote of at least two-thirds of the sumer protection as a political football Bureau cannot be removed even if the council’s members to set aside one of and starts taking actions that actually Director pursues policies that are the Bureau’s rules, and the Bureau’s help consumers. We can take the first harmful to the American people. How Director is a voting member of the step by reforming the Bureau to make is that good for consumers? council. it accountable to the very consumers it As for the Federal Housing Finance In addition, only 3 of the council’s 10 purports to protect. Agency, its Director is far less power- members are actually bank prudential Until that time, however, we cannot, ful than the Director of the Bureau. regulators. This veto is not a check on we should not, and we will not move The Director of the Federal Housing the powers of the Bureau. It is a sham forward on the nomination of the Di- Finance Agency oversees the regula- that they have today. We need to rector to lead this massive and unac- tion of only 14 financial institutions. change that. countable bureaucracy. I urge my He does not have sweeping powers over Recent history shows that taxpayers Democratic colleagues to stop ob- all consumers and tens of thousands of are ultimately on the hook for bank structing reform and join with us to Main Street businesses like the Direc- failures. For this reason, consumer pro- move forward on real consumer protec- tor of the Bureau would have. tection needs to be carefully coordi- tion. It should be common sense that the nated with bank regulation to prevent I yield the floor. more power an agency has, the more against unnecessary bank failures. The PRESIDING OFFICER (Mr. accountable it needs to be. Moreover, As presently structured, the Bureau UDALL of New Mexico). The Senator rather than attempting to point to can ignore any advice offered by bank- from Rhode Island. other regulators to justify the struc- ing regulators, even if it undermines Mr. REED. Mr. President, I ask unan- ture of the Bureau, a more responsible the safety and soundness of banks. Un- imous consent to be recognized for 5 approach would be to make all of our less this structural flaw is remedied, a minutes at the conclusion of Senator financial regulators more accountable. real possibility exists that the con- JOHNSON’s remarks. And we should begin right here with sumer bureau will one day cause bank The PRESIDING OFFICER. Is there the Bureau. failures that end up harming con- objection? To make the Bureau more account- sumers, taxpayers, and our economy. Without objection, it is so ordered. able, we have proposed three common- In light of the reasonableness of the Mr. JOHNSON of South Dakota. Mr. sense reforms. reform proposals we have requested, President, 2 months ago the Senate First, the Bureau should be led by a the question remains: Why are the ad- Banking Committee voted along party board of directors, as I have said. This ministration and the majority so in- lines to send to the full Senate the is such a commonsense measure that sistent that the Bureau be unaccount- nomination of Richard Cordray to be the President and the Democratic-con- able? the first Director of the Consumer Fi- trolled House originally called for the Clearly, they want to use the Bureau nancial Protection Bureau. Due to an consumer agency to be structured as a as a political issue. A second reason is unprecedented and irresponsible dis- commission. that they believe nonbank financial in- play of political gamesmanship, Mr. Second, the Bureau’s funding should stitutions are not currently regulated. Cordray’s nomination and strong pro- be subject to congressional appropria- But this is false. The Federal Trade tections for American consumers are tions. Commission, the State attorneys gen- being held hostage. Currently, the Federal Reserve is re- eral, and State financial regulators all Before any candidate was put forth, quired to transfer up to $600 million to have authority over nonbanks. A more Senate Republicans pledged to block the Bureau each year. These are funds likely reason for today’s vote is that the nomination, and their objections that could otherwise be remitted to the the Bureau will provide funding to key have nothing to do with Mr. Cordray’s Treasury and used for deficit reduction liberal activists, such as ACORN. qualifications, his politics, or his char- or other things. Diverting this money Other agencies must return to the acter. Republican Senators have actu- to fund an unaccountable Federal agen- Treasury funds what they receive from ally admitted as much, with a public cy sets a dangerous precedent of using enforcement actions. This consumer pledge to block any nominee for the the Federal Reserve as an off-budget bureau, as now structured, is allowed new consumer agency until a list of mechanism for funding programs. It to dole out money it collects from fines legislative demands, which would had not happened before. and penalties to liberal consumer greatly weaken the agency, are met. In addition, funding the Bureau groups. This reveals why the adminis- That those demands were debated and through the Fed removes any check on tration and the majority want so des- rejected by a bipartisan Congress last

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00003 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19188 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 year is beside the point. The minority offs and foreclosures. Yet incredibly, small minority of the financial com- party is distorting the Senate con- many of the bad actors that contrib- munity, but they are abusive preda- firmation process, mandated by the uted to the crisis remain poorly regu- tors, particularly to the most vulner- Constitution, to rewrite a law against lated and continue to lobby against able people in our society. the wishes of the American people. tougher regulation. Congress created There has been a lot of discussion Why do Senate Republicans remain the CFPB to protect consumers and about the 1 percent and the 99 percent. opposed to consumer protection despite clean up the marketplace, but it needs Well, guess what, the 99 percent are national surveys showing 3-in-4 bipar- a director. Richard Cordray has proven consumers, and the 1 percent are prob- tisan voters support the new agency’s himself capable for the job, and there is ably those people who are running creation? Whatever the motivation, it no legitimate reason to block his con- some of these financial institutions, appears to outweigh any concerns firmation. some of them fairly and scrupulously, about protecting families buying I urge my colleagues to reconsider but others who are not. homes, students borrowing for college, their political game playing and do the We want to protect consumers in this and service members or older Ameri- right thing. country—all of us—certainly the 99 cans falling prey to financial scams. Stop blocking Richard Cordray’s percent, but because of Republican op- This vocal minority opposed to nomination and allow him to have an position of this nominee, we are run- strong consumer protection and helped up or down vote. ning into a real problem. If we do not by special interests have drummed up I yield to my colleague from Rhode have a head of this organization, then misleading claims to hide behind. They Island. it cannot effectively implement regula- claim the CFPB Director will put the The PRESIDING OFFICER. The Sen- tions and effectively enforce the laws economy at risk—ignoring the effects ator from Rhode Island. it has been given the task to oversee of the foreclosure crisis, which was Mr. REED. Mr. President, I wish to and implement. itself fueled by irresponsible and preda- thank the chairman for his leadership We have to have rules that apply tory lending. They claim the agency on this important issue and so many across the country that get at the lacks accountability—ignoring the fact others before the Banking Committee. shadow banking system, that provide that it is bound by accountability Since September 2008, we have the kinds of protections consumers can measures comparable to or exceeding learned many hard lessons about the rely on, and that, in fact, improve the that of other independent financial reg- factors that contributed to the finan- operation of the marketplace. Again, I ulators. And they claim restrictions on cial crisis. To address systemic risks think some of the people who regret abusive financial products will hurt and to fix the system, we passed the what happened the most in the 2007, lenders—ignoring the damage those Dodd-Frank Wall Street Reform and 2008, 2009 time period are financial leaders looking around and saying: products inflicted on consumers Consumer Protection Act. One of the Why wasn’t anyone checking the be- tricked into signing unfair contracts most important reforms we made in havior of some of the financial compa- filled with hidden fees and penalties. that legislation was the creation of the In reality the CFPB was created as Consumer Financial Protection Bu- nies out there that have ruined my an accountable yet independent regu- reau, or the CFPB. The CFPB is marketplace and ruined my reputa- lator in bipartisan negotiations last charged with stopping abusive mort- tion? Well, we have to do that. The longer Richard Cordray is year. Its mission is to protect con- gage originators, stopping abusive blocked, the longer such disreputable sumers—by cracking down on preda- credit card companies, and stopping practices in the financial marketplace tory lenders and streamlining disclo- abusive private student loan lenders. can continue. And Richard Cordray is For years we have had organizations sures so families can make better in- entirely qualified: as former treasurer whose purpose was to protect the bank- formed financial choices. But until it of the State of Ohio, he knows the fi- has a confirmed director in place, the ing system and, indirectly, consumers. nancial business and worked closely CFPB’s authority over nonbank finan- We need to provide a balance. Frankly, with banks at the Treasury, as former cial institutions, like private student if we had this balance in place prior to attorney general of Ohio, he worked to lenders and mortgage brokers, will be 2008, we might have avoided some of protect consumers, and as an indi- stifled. Every day Mr. Cordray’s con- the incredible costs we have seen not vidual, he has the intellect and the firmation is blocked, vital protections only to consumers but to the entire character to do an outstanding job. We are delayed, millions of Americans—in- banking system as a result of preda- have to get him in place. cluding service members, veterans and tory behavior by many different finan- Who suffers if we don’t do this? Well, older Americans—are left vulnerable, cial institutions. among those who are suffering are and the Nation’s community banks and Unfortunately, many of my Repub- military personnel. I had the privilege credit unions remain at a disadvantage lican colleagues are trying not to cor- of commanding a paratrooper company to their less-regulated competitors. rect deficiencies in the Dodd-Frank act in the 82nd Airborne Division in the The question we consider today or improve it. They want to gut it. One 1970s. I was an executive officer, and I should not be whether the minority of the things they want to take out is handled all the complaints, all the dun- party can hijack this constitutional consumer protection, and they want to ning, all the letters that were coming process and demand as ransom legisla- do that by denying a nominee to head in from my soldiers. It has gotten tive changes that would hamstring the up this important agency. worse. consumer agency. The question should It certainly is a prerogative of my Holly Petraeus, who is the head of be whether Mr. Cordray is qualified for colleagues to work on improving any the Office of Servicemember Affairs at the job. And I believe that Mr. Cordray piece of legislation, but effectively to the CFPB, testified before the com- is an outstanding candidate. For years say: We will not let legislation that has mittee. She talked about Internet lend- Richard Cordray has worked tirelessly passed this body by 60 votes and that ers who target military personnel—vul- as a public servant. As Ohio’s Attorney has ample precedent in the law to take nerable soldiers and their families— General he aggressively pursued finan- effect because we won’t put a person in who are about to deploy or who just cial crimes by banks and mortgage charge is, I think, abusing the process. came back from Afghanistan. They will firms, and won more than $2 billion in We have worked on this issue, and we give loans of up to 40 percent of a sol- settlements for the State. And as know consumers need these types of dier’s pay. Of course, the interest rate Ohio’s first solicitor, he argued cases protections. We know that daily there can be as high as 584 percent APR. We before the Supreme Court to protect are scams targeting the elderly. There can’t stop that until we get somebody consumers and enhance the quality of are unscrupulous mortgage lenders and such as Richard Cordray in charge of our financial markets. abusive payday lenders. Most financial this organization. American families paid a steep price firms are not like this—in fact, these She also talked about the dunning for the financial crisis, battered by lay- individuals probably represent a very calls, 20 times a day, threatening them:

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00004 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19189 We will go to your commander. We will by special interests to derail the proc- The PRESIDING OFFICER. The Sen- have you court-martialed. We will take ess. It will be a strong but fair agency ator from Louisiana. away your security clearance. We will under Richard Cordray—to protect fi- Mr. VITTER. Mr. President, there ruin your career. nancial consumers who are tired of has been a lot of wild rhetoric, quite We have to stop that. This is about being tricked by the fine print, the frankly, hyperbole, exaggeration. I real people, real consumers. We have to ‘‘gotcha’’ paragraphs that no one but a wanted to try to bring this discussion confirm Richard Cordray. bank lawyer would understand. and this debate back to reality. To do With that, I yield the floor. Despite hysterical claims from Wall that, I wanted to remind folks that The PRESIDING OFFICER. The Sen- Street, the Bureau actually won wide- conservatives objecting to this nomi- ator from New Jersey. spread praise from both consumers and nation have, from the very beginning, Mr. MENENDEZ. Mr. President, I un- the industry for its first major initia- laid out three very narrow, specific, derstand I have 5 minutes. tive when it created a new and greatly concrete reforms we are seeking. So The PRESIDING OFFICER. There is simplified Know Before You Owe mort- this notion that we are against con- no order. The Senator may use 5 min- gage loan disclosure form so that consumer protection, we are trying to gut utes. sumers understand what kind of mort- CFPB, is silly. Let’s get back to re- Mr. MENENDEZ. Thank you very gage they are getting into before they ality. Let’s get back to what we have much. take it. Had we had that type of lan- said from the very beginning: We want Let me first thank Chairman JOHN- guage early on, maybe we wouldn’t these three important reforms. SON for his leadership in this regard have had part of the crisis in which First of all, we think it is very im- and in so many other major issues be- consumers were led to bad mortgage portant for the single Director, a new fore the Banking Committee. He has products—products that ultimately czar quite frankly, a credit czar, to be really exercised a lot of our oversight had skyrocketing interest rates—when replaced with a board to oversee this obligations in making sure we imple- they qualified for a conventional mort- Bureau. That is how other comparable ment Wall Street reform in a way that gage. Maybe we wouldn’t be in the agencies operate. The best example— protects all of us as taxpayers in the great predicament we have been in the best comparison—is the SEC. I country but creates a system that can since 2008. think that is a critical check on the still let us economically flourish, and Under Wall Street reform, Richard Bureau’s authority to have a board this is one of those. Cordray will be there to prevent those that can discuss and come up with a For too long too many in Washington families from being ripped off again. consensus, not a single agency. protected Wall Street from common- Fixing our broken system was not Secondly, related to that, there sense regulations and let consumers easy, and it is still not over. We are should be safety and soundness checks fend for themselves. For too long Re- still fighting to keep the ground we for the prudential financial regulators publican economic policy, when it have gained against special interests. who oversee the safety and soundness should have protected the 99 percent of The longer this nomination is de- of financial institutions. One of the American consumers from the reckless layed, the more consumers will suffer. core reasons we had the 2008 financial financial games that led us to the Without a Director, the Consumer Fi- crisis is we had political agendas run brink of economic disaster in 2008, pro- nancial Protection Bureau cannot amok with regard to financial institu- tected the 1 percent on Wall Street in- carry out some of its most vital functions with no safety and soundness stead. tions, including regulating payday checks. Banks played Russian roulette with lenders, pawn shops, private student We are putting that same problem on the future and economic security of loan companies, those that make un- steroids in this new all-powerful bu- middle-class families, and no one—no scrupulous and predatory loans on our reaucracy. Again, point No. 1, very spe- one—was watching. Backed up by too- military families—we heard Senator cific, very concrete, very commonsense big-to-fail government guarantees, REED, who has great experience in this, reform that we have proposed from the they wreaked havoc on our economy talk about that—giving them an unfair beginning is a safety and soundness and on the jobs and retirement savings advantage at the same time as they do check. of families who played by the rules. that over community banks and credit Third, and perhaps most important, We have lived through the unfortu- unions that are regulated, that are the Bureau should be subject to the nate results of lax oversight, and now good and that play by the rules. congressional appropriations process so it is time to work together to correct Now is a time to work together to there is some oversight and account- it. It is time to stop the political make that happen. I ask that my col- ability from the American people and games and govern. It is time to act. It leagues stop playing games. Let us go their representatives. That is the is time to work together to make sure to a final up-or-down vote on Mr. norm. That sort of check and balance, middle-class families get the protec- Cordray. that oversight and accountability, is tion they deserve and the watchdog Republicans have continued to couple absolutely the norm. It is way outside they need. Mr. Cordray’s nomination to weak- the norm to have no oversight and ac- This is really about whose side a per- ening the Consumer Financial Protec- countability because, as it stands now, son is on. Cordray and consumer pro- tion Bureau, which is unprecedented. this new superbureaucracy has an un- tection are being blocked simply be- Never in Senate history has a nominee limited check that it gets from the cause Republicans want to protect Wall been opposed in the Senate because of Federal Reserve—never has to get an Street. Wall Street already has a le- opposition to the whole agency for appropriation, never has to answer a gion of lobbyists protecting its inter- which he or she has been nominated. single question from the people or their ests. We need someone who can protect I say to my Republican colleagues, representatives. Main Street’s interests, and that is let’s stop playing games with the pro- Again, the CFPB, as it sounds now, what Richard Cordray would do as the tections American consumers need. draws its budget directly from the rev- Director of the Consumer Financial Work with us to do the job we were enue of the Federal Reserve. By the Protection Bureau. elected to do and confirm this nomi- way, this revenue would otherwise be Richard Cordray is an unquestion- nee. Work with us to protect con- deposited into the Treasury paying ably well-qualified nominee, and no sumers. down the debt. The CFPB is not just one is disputing that fact—no one. I We have come a long way toward a about mega institutions, mega banks— have not heard anyone dispute his middle ground in creating this agency more hyperbole that has been thrown qualifications for the job. We know the with checks and balances to begin on the floor—but anyone, any business, Consumer Financial Protection Bureau with. The time has come for Repub- for instance, that offers four or more would be off to a good start with Rich- licans to join us in governing. payment installments and an install- ard Cordray at the helm, despite efforts I yield the floor. ment plan.

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00005 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19190 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 Sure, that includes Citibank. It also we asked that a board of directors be made, I will not support allowing the includes your dentist, your vet, your established to oversee it, that the CFPB to operate with unaccountable local electronics store. CFPB right now agency be subjected to the regular con- leadership. is so unlimited in their authority that gressional appropriations process, and Mr. CRAPO. Mr. President, both they are able to limit or prohibit the for the establishment of a safety and sides agree that everyone benefits from terms of any such product or service, soundness check for the prudential reg- a marketplace free of fraud and other has power over marketing of any such ulators. deceptive and exploitative practices. product or service in its jurisdiction We made clear to the President that The disagreement is over the best way with, again, the Federal Reserve as its without these reforms we would not to structure our Federal regulatory basically unlimited piggy bank. vote to confirm any nominee to run the agencies to accomplish this goal and I think these concerns we have are CFPB, regardless of political affiliation provide accountability. pretty darn fundamental and have a lot or qualifications. The President chose One of the lessons of the financial of common sense in them. Again, we to ignore our suggestions. Although crisis is that we need a supervisory have three very specific, concrete re- the President frequently pays lip serv- program that looks and considers how forms we want advanced. We are not ice to accountability in the regulatory safety and soundness and consumer trying to gut the CFPB. Those reforms process, when push came to shove, he protection work together and reinforce would not gut it—not against con- made this serious issue just another better and safer services to banking sumer protection. Those reforms would talking point. customers. Far too often, supervision still have a sound, strong consumer President Obama is now trying to either looked at consumer issues in iso- protection agency in place. pressure my colleagues to vote to con- lation—promoting access to credit and I think the American people deserve firm Mr. Cordray by traveling around home ownership—or it looked at safety a more honest debate than, quite the country giving speeches. I want to and soundness in isolation, such as en- frankly, they are getting in a lot of reiterate that I will not vote to con- suring that customer information was this. This notion that if we are against firm any director for this rogue bu- legally accurate but not asking wheth- ObamaCare, we are against all im- reaucracy until appropriate checks and er it was understandable to bank cus- provement of the health care system is balances are put into place. President tomers. silly. I think Americans get that as Obama promised that ‘‘transparency We should have strengthened the link their health insurance premiums go up and accountability will be a hallmark and coordination between prudential significantly now, by every accounting, of my administration’’, making his re- supervision and consumer protections by every independent source, well be- fusal to make CFPB more transparent rather than severing it. Instead Con- yond what they would have gone up especially disappointing. gress institutionalized this separation otherwise. Without reform, CFPB’s director by creating a Consumer Financial Pro- Being against that is not being would serve with unprecedented and tection Bureau and blurred the role against health care reform. We heard unconstitutional amounts of power. and accountability of the prudential even earlier, if we are against the stim- The director would have the power to regulators and the new Bureau. ulus plan, we are against economic re- decide what rules are issued in the Mortgage underwriting is a good ex- covery. That is silly. I think Ameri- name of consumer protection, how ample of an issue that was found lack- cans know that now that we are still funds are spent, and how its enforce- ing before the financial crisis and has stuck at very high unemployment. How ment authority will be used. In short, the potential to be subject to an even is that recovery working out for every- it empowers a single, unelected person more bureaucratic regulatory system one? with seemingly endless and unchecked going forward. I say potential because I was against the stimulus because I authority. This bureaucracy holds the it is unclear to me where the authority was for economic recovery, and it is sweeping ability to limit choices when of the Bureau stops and where the au- the same thing here. We need to ad- it comes to commonly-used financial thority of the prudential regulators vance the interests of the American products such as home equity loans, overlaps on several important issues people, certainly including consumers. credit cards, and student loans. Simply that will likely cause confusion and po- But we do not need an all-powerful, put, a designation from the CFPB di- tentially inconsistent regulatory ap- new czar in Washington who can hurt rector saying these products are ‘‘abu- proaches. Already we are seeing con- everyone, including consumers. sive’’ could restrict the availability of flicts among regulators with different So we continue to advance three very credit to consumers and increase the regulators adopting different consumer specific, concrete, commonsense re- cost of goods or services for all Ameri- protection rules and duplication in ex- forms. That is all we want. That does cans. aminations. not gut CFPB. That is not against con- This year alone, over 70,000 pages of From my perspective, the new Bu- sumer protection. It is against unbri- new regulations have been added to the reau is a massive, expensive govern- dled, unprecedented authority. The books from agencies such as the Envi- ment bureaucracy that is immunized American people, agency after agency, ronmental Protection Agency and the against meaningful oversight by either issue after issue, have seen the effects National Labor Relations Board, often- Congress or the President, and dra- of that sort of unbridled, virtually un- times without any compelling jus- matically extends the Federal Govern- limited Federal Government authority tification for their existence. The last ment’s control over the economy. in the last 2 years. They do not like it. thing job creators in America need is According to analysis from Andrew Mr. RUBIO. Earlier this week in Kan- more uncertainty from a powerful gov- Pincus, a partner in the law firm sas, President Obama tried to score po- ernment agency such as the CFPB that Mayer Brown LLP: litical points by chiding Senate Repub- will receive a blank check for a half The Bureau’s structure has a number of licans for refusing to vote on the con- billion dollar budget with virtually no features that, when taken together, concentrate an amount of unchecked authority firmation of Richard Cordray to be Di- input from Congress. in a single individual—the Director—that is rector of the so-called Consumer Fi- President Obama has urged the unprecedented for a federal agency that reg- nancial Protection Bureau—CFPB— American people to ‘‘help hold [him] ulates private entities and individuals: saying we refuse to let him do his job. accountable’’. I stand with my Repub- First, the Bureau will be headed by a sin- And the President asked, Why? I am lican colleagues in an effort to do just gle Director with complete, unilateral au- happy to answer his question, again. that. The truth is we need trans- thority to make all regulatory and enforce- Earlier this year, I joined 44 other parency in government that provides ment decisions and to hire and fire all personnel, including his or her own deputy. Senators in recommending to the greater confidence that regulations are Second, the Bureau’s Director does not President three necessary reforms for designed to protect consumers from un- serve at the pleasure of the President. Rath- the CFPB in order to improve account- fair practices, without destroying jobs. er, during his or her five-year term, the Di- ability in its operations. Specifically, Until basic transparency requests are rector may be removed only for inefficiency,

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00006 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19191 neglect of duty, or malfeasance in office. When the economy was roaring, the lies and consumers she has always been That standard eliminates the President’s big banks made enormous sums of such a passionate advocate for. power to remove the Director based on a pol- money and handed out huge bonuses to I am very glad that President Obama icy disagreement: once nominated and con- nominated another strong advocate for firmed, the Director cannot be overruled by their employees. But when the prod- the President. ucts they created brought down the the middle-class to fill this role. Rich- Third, the Bureau is exempt from the con- banks and pulled Main Street down ard Cordray has been serving as the gressional appropriations process. It is fund- with them, it was the taxpayers who Chief of Enforcement at the CFPB, so ed instead by a transfer of money from the had to foot the bill to prevent absolute he understands the mission and the Federal Reserve in an amount determined calamity. Wall Street had a pretty need to fight for the rules that protect solely by the Director, subject only to a cap good system going for a while: Heads consumers. He previously served as at- that already exceeds $550 million, will in- torney general and State treasurer in crease 10% for the next fiscal year, and is they won, tails the taxpayers lost. To subject to automatic inflation adjustments correct this, we fought to pass Wall Ohio, where he amassed a strong record thereafter. Street Reform last year over Repub- of standing up for seniors, investors, While I appreciate the willingness of lican objections, and we took a huge business owners, and consumers. He Richard Cordray to serve and answer step in the right direction. We has received support from Democrats questions, I can’t support the consider- strengthened the rules. We increased and Republicans, and he is the right ation of any nominee to be the Direc- the oversight. And critically, we cre- man for the job. tor of the Bureau until the agency is ated the first-ever agency dedicated to But the Republicans who have come reformed to make it more accountable protecting middle-class families, sen- out in opposition to this nomination and transparent. iors, and small business owners from don’t seem to be opposing Richard First, we would establish a board of the financial fraud and scams that Cordray. They seem to be opposed to directors to oversee the Bureau. This have devastated so many. the very idea that anyone should be in would allow for the consideration of The mission of this new Consumer a position to stand up for consumers multiple viewpoints in decisionmaking Financial Protection Bureau is clear: and families in the financial products and would reduce the potential for the to make sure that consumers come market. They want to keep this posi- politicization of regulations. A board of first—that the financial industry can tion open because they are worried directors structure is consistent with no longer pull fast-ones on their cus- that this agency is going to have too the organization of the Federal Reserve tomers—and, fundamentally, that the much power. Board, National Credit Union Adminis- markets for consumer financial prod- Well, the Consumer Financial Pro- tration, FDIC, SEC, CFTC, and Federal ucts and services actually work for all tection Bureau was designed to have Trade Commission. Americans. The CFPB’s job is to help power. It was created to put that power Second, we would subject the Bureau consumers understand the financial in the hands of middle-class families to the congressional appropriations products that are being marketed to and consumers and to take some away from the big banks and credit card process to ensure that it doesn’t en- them every day because we know the companies that had it all before. gage in wasteful or unnecessary spend- big banks win when the American peo- ing. This also gives Congress the abil- So once again we have a simple ple don’t understand the fine print. choice before us in the Senate: Do you ity to ensure that the Bureau is acting And it is to make sure that the finan- in accordance with our legislative in- stand up for middle-class families who cial firms are playing by the rules and deserve to be protected from scams and tent. The SEC, CFTC, and the Federal to stand up for the American people Trade Commission have long been sub- financial gimmicks or do you stand up and enforce those rules if consumers ject to the appropriations process for for the big banks and Wall Street firms are being lied to, scammed, or cheated. that are scared to death that a power- the same reasons. Over the last year the CFPB has been Finally, we would establish a safety ful consumer advocate will cut into staffing up and ramping up and has al- and soundness check. This would their fat profits and big bonuses? I ready started working to protect con- strengthen the link and coordination know where the American people sumers. But without a confirmed Di- between prudential supervision and stand. I stand with them. And I truly rector, they are simply unable to do ev- consumer protections. hope that Republicans have a change of Given the enormous impact the Bu- erything possible to stand up for mid- heart and stand with us to confirm this reau will have on the economy, it is dle-class families. Their hands are tied. highly capable and effective nominee important for Congress to revisit its Without a confirmed Director, the so the CFPB can do the job the Amer- structure and authorities to make it CFPB doesn’t have the full authority ican people expect and deserve. more accountable and transparent. to protect consumers who use non- Mrs. BOXER. Mr. President, I wish to Mrs. MURRAY. Mr. President, I come bank financial institutions such as express my strong support for the to the floor to speak about the nomina- payday lenders, credit-reporting agen- President’s nomination of Richard tion of Richard Cordray to lead the cies, and debt collectors, which are Cordray to be the first Director of the Consumer Financial Protection Bureau services many working families depend Consumer Financial Protection Bu- and to urge my colleagues to join me in on, as well as so many of our Nation’s reau, CFPB. Mr. Cordray is an excep- voting in support of his confirmation. veterans and servicemembers. This tionally well-qualified nominee who de- In July of last year, I was proud to isn’t right. We created the CFPB to serves an up-or-down vote in the Sen- join many of my colleagues in the Sen- protect all families and consumers, and ate. ate to pass comprehensive Wall Street we need to confirm a Director to give The opposition to this nomination reform legislation that is already them the tools they need to do that. has nothing to do with Mr. Cordray’s working to protect middle-class fami- I was proud to support President credentials and is yet another attempt lies, hold Wall Street accountable, and Obama’s appointment of Elizabeth by Republicans to undermine the CFPB put in place policies to make sure tax- Warren to help set up the new Bureau. and stop it from cracking down on un- payers will never again be left holding I think she did a fantastic job, and I scrupulous and fraudulent practices by the bag for the big banks’ mistakes. I am deeply disappointed that Repub- big banks, credit card companies, pay- supported this legislation because for licans were so opposed to her work day lenders, and other financial firms. far too long the financial rules of the standing up for middle-class families The CFPB was established as part of road had not favored the American peo- against the big banks that they said the Dodd-Frank financial reform legis- ple. They were tilted toward big banks, they would block any attempt to name lation that overhauled our banking credit card companies, and Wall Street, her as full-time Director. I thought the system. Before the financial crisis, no and they were twisted and abused to way Elizabeth Warren was treated by single agency coordinated Federal con- make sure no matter what happened, Senate Republicans was truly shame- sumer protection. Banks and financial the financial industry would come out ful. But she hasn’t given up, and she is companies could choose their own reg- ahead. still fighting for the middle-class fami- ulator, which enabled them to avoid

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We were willing to make that caused the worst recession since the since the Great Depression. concession in order to get Republican Great Depression. I yield the floor. support. The CFPB was created to solve this The PRESIDING OFFICER. The Sen- They then, after we did that, asked problem and to make sure that finan- ator from Ohio. for regular GAO audits of the books. cial markets work for all Americans, Mr. BROWN of Ohio. Mr. President, They got them. The GAO said the not just big business. The CFPB has al- it never ceases to amaze me to hear my CFPB passed with flying colors. They ready begun reviewing many areas of colleagues whose first loyalty is to said: We do not like Elizabeth Warren, consumer protection law, including Wall Street banks, who continue to give us someone else. Elizabeth Warren mortgage disclosure forms. It will en- make excuses for being against putting withdrew. She was a great consumer force new rules for credit cards, require a consumer cop on the beat. This is an activist, would have been very good at mortgage servicers to better assist office that will be a few-hundred-mil- this. We are replacing her—the Presi- homeowners in avoiding foreclosure, lion-dollar office, this consumer pro- dent is—with Richard Cordray from and enforce new rules on bank over- tection—this consumer cop on the Ohio. He will do this job well. draft fees. beat. Then, after he is appointed, they President Obama appointed Elizabeth But this consumer cop on the beat say—and Richard Cordray has support Warren, a respected law professor and has to look at trillions of dollars in from banks and credit unions and con- dedicated consumer advocate, to set up mortgages, has to protect consumers sumer groups. That is still not good the CFPB. Elizabeth Warren was se- when there are $30 billion in overdraft enough. They asked the President not lected for her long history of inde- fees alone that banks are charging, to recess appoint a Director. The Presi- pendent, unflinching consumer advo- when many times those overdraft fees dent agreed to that. They are moving cacy, and under her leadership the are because consumers simply cannot the goalposts. Now they are saying CFPB had a running start. But Repub- figure out the fine print and do not un- they will not approve anyone to serve licans adamantly opposed her as CFPB derstand the terms of the agreement. as the Director of the consumer bureau director, before she had even been nom- In the end, again, people on this floor unless we change the Bureau. inated. They knew she would crack and their special interest friends in the In other words, to protect their Wall down on abusive practices in the bank- Congress, the friends of the Wall Street Street friends, they are saying: We are ing and credit card industries. And banks, the friends of these interest not going to allow a Director to be in they know that by law, the CFPB can- groups that continue to fleece the place unless we weaken this agency. As not exercise its full authority without American people—if we had had Rich Senator REED from Rhode Island said, would we not appoint a Director of the a confirmed Director. That is why 44 Cordray or Elizabeth Warren, for that Food and Drug Administration in the Republican Senators signed a letter matter, the consumer cop on the beat, future until we rolled back all food promising to oppose any nominee, of would we have had those kinds of fore- safety laws? Are we not going to pro- any party, until their demands to cut closures in places such as Cleveland tect the Consumer Products Bureau in back the agency’s power and independ- and Dayton? Would we have had these the government, in the Department of ence are met. fly-by-night mortgage brokers from Mr. Cordray would be an outstanding Ameriquest and New Century and oth- Commerce, until we roll back child toy safety laws? That makes no sense. leader of the CFPB. He currently leads ers moving in and taking advantage of This was voted with more than 60 the CFPB’s Enforcement Division. He people? I am not sure we would have. votes—61 or 62, if I recall—a super- But my Republican colleagues, my has built his career around protecting majority in this Congress 2 years ago. colleagues who always do the bidding— the public interest, reflecting his com- We allowed all kinds of amendments. not all of them, but many of them al- mitment to consumers and his dedica- We accepted many changes that Repub- ways do the bidding of these special in- tion to fairness. After having been a licans wanted. But in the end, it is a State Representative, Solicitor Gen- terest groups that have inflicted far choice: Are we for consumers or are we eral and Treasurer in the State of Ohio, too much damage on this economy—I for Wall Street? We know who it is. I Mr. Cordray was elected Attorney Gen- hear all this, that if we would just am not asking my colleagues to vote eral of Ohio in 2008. In this role, he make some changes in the agency. I for him. I am asking my colleagues to prosecuted fraudulent foreclosures and talked to the Senate Historian because let us have an up-or-down vote. Let us predatory lending, and recovered more I have heard these arguments: If we vote on it. Do not filibuster. Do not than $2 billion for Ohio’s retirees, in- just change this agency, I would vote block the vote. vestors, and business owners. for it. First of all, I talked to the Sen- Understand, this is a vote coming up Mr. Cordray’s nomination has broad, ate Historian, who said: Never in the that is to break a filibuster, to break a bipartisan support. Attorneys General history of the Senate has one political Republican filibuster, where Repub- from 37 States, representing both polit- party tried to block the nomination of lican Senators almost always are ical parties, signed a letter in support a Presidential appointee based on flacking for Wall Street. They do that. of this nomination, calling him ‘‘both wanting to change the agency. It is It never ceases to amaze me. brilliant and balanced,’’ with a ‘‘supe- nothing about the qualifications of So all we ask is an up-or-down vote. rior knowledge of the financial services Rich Cordray. I know Rich Cordray Vote yes for cloture so we can have an marketplace.’’ Sixty-one mayors from better than anybody in this institu- up-or-down vote for Attorney General around the country, led by Mayor tion. He is from my State. He was our Cordray. Villaraigosa of Los Angeles, also wrote attorney general. He was the State I yield the floor and ask for a ‘‘yes’’ to support his confirmation. The Cali- treasurer. He was county treasurer. He vote. fornia Reinvestment Coalition, Center was a State legislator. I have known The PRESIDING OFFICER. The Sen- for Responsible Lending, Consumers Rich for over 20 years. I know he is ator’s time has expired. Union, Main Street Alliance, NAACP, qualified. Many of my colleagues on Mr. SHELBY. I yield back my time. National Association of Consumer Ad- both sides say he is qualified. CLOTURE MOTION vocates, AFL–CIO, AFCSME, Inter- But they say: We want to change the The PRESIDING OFFICER. The clo- national Brotherhood of Teamsters, agency. We worked with Republicans ture motion having been presented SEIU, UAW, and UFCW have all ex- to change this agency as it went under rule XXII, the Chair directs the pressed support for Mr. Cordray, and through the process in Dodd-Frank. clerk to read the motion.

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00008 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19193 The legislative clerk read as follows. and one Senator responded ‘‘present.’’ It is time to modify the Constitution CLOTURE MOTION Three-fifths of the Senators duly cho- to limit—to restrict—Congress’s cur- We, the undersigned Senators, in accord- sen and sworn not having voted in the rent power granted by article I, section ance with the provisions of rule XXII of the affirmative, the motion is rejected. 8, clause 2 of the Constitution to bor- Standing Rules of the Senate, do hereby VOTE EXPLANATION row money on credit of the United move to bring to a close debate on the nomi- ∑ Mr. KERRY. Mr. President, I was States. The reason we need to do this is nation of Richard Cordray, of Ohio, to be Di- necessarily absent for the cloture vote because this power has been so severely rector, Bureau of Consumer Financial Pro- abused over such a prolonged period of tection: on the nomination of Mr. Richard Harry Reid, Joseph I. Lieberman, Jeff Cordray to be Director of the Consumer time that it is causing devastating con- Bingaman, Patty Murray, Patrick J. Financial Protection Bureau. If I were sequences for our economy and for our Leahy, Kent Conrad, Sheldon White- able to attend today’s session, I would ability to fund the operations of the house, Jack Reed, Benjamin L. Cardin, have supported cloture on this nomina- government. Barbara Boxer, Al Franken, Max Bau- tion.∑ We have now accumulated over $15 cus, Richard J. Durbin, Robert Menen- trillion in debt as a country. That f dez, Jon Tester, Sherrod Brown, Tom works out to about $50,000 for every Harkin, Tim Johnson. LEGISLATIVE SESSION man, woman, and child in America. It The PRESIDING OFFICER. By unan- works out, arguably, to about $120,000 imous consent, the mandatory quorum to $150,000 for every taxpayer in Amer- call is waived. MIDDLE CLASS TAX CUT ACT OF ica. This is lot of money. It also rep- The question is, Is it the sense of the 2011—MOTION TO PROCEED resents between 90 and 100 percent of Senate that debate on the nomination The PRESIDING OFFICER (Mr. our gross domestic product annually, of Richard Cordray, of Ohio, to be Di- BINGAMAN). Under the previous order, depending on whose statistics you fol- rector, Bureau of Consumer Financial the Senate will resume legislative ses- low. This is troubling, given that there Protection, for a term of 5 years, shall sion and the motion to proceed to S. is an abundant amount of research in- be brought to a close? 1944, which the clerk will report. dicating that once a country’s sov- The yeas and nays are mandatory The legislative clerk read as follows: ereign debt-to-GDP ratio crosses the under the rule. Motion to proceed to the bill (S. 1944) to significant 90-percent threshold—which The clerk will call the roll. create jobs by providing payroll tax relief for we have now done—economic growth The legislative clerk called the roll. middle-class families and businesses, and for tends to slow, tends to slow to a point Ms. SNOWE (when her name was other purposes. called). Present. that an economy as large as ours can Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- expect to lose as many as 1 million jobs Senator from Massachusetts (Mr. ator from Utah is recognized. a year. We can’t afford to lose jobs, es- Mr. LEE. I ask unanimous consent to KERRY) is necessarily absent. pecially when we know one of the The PRESIDING OFFICER. Are there enter into a colloquy with my Repub- major causes is our national debt. It is any other Senators in the Chamber de- lican colleagues for up to 30 minutes. time we change the way we do busi- siring to vote? The PRESIDING OFFICER. Is there ness. It is time to change the manner The yeas and nays resulted—yeas 53, objection? in which Congress acquires new debt. nays 45, as follows: Without objection, it is so ordered. This is no longer an issue that is ei- [Rollcall Vote No. 223 Ex.] Mr. LEE. Mr. President, I stand ther Republican or Democrat, that is YEAS—53 today to urge my colleagues to support either liberal or conservative. It is sim- efforts to bring forward a balanced ply American. I remind my colleagues, Akaka Gillibrand Nelson (NE) Baucus Hagan Nelson (FL) budget amendment, one that can be whether you are concerned on the one Begich Harkin Pryor passed out of both Houses of Congress hand about preserving America’s lead- Bennet Inouye Reed and submitted to the States for ratifi- ing edge, its ability to fund its national Bingaman Johnson (SD) Reid cation. Blumenthal Klobuchar defense program or, on the other hand, Rockefeller Article V of the Constitution gives us if you are most concerned about fund- Boxer Kohl Sanders Brown (MA) Landrieu Schumer the power to change the Constitution ing our entitlement programs, you Brown (OH) Lautenberg Shaheen from time to time, to modify our laws, should want a balanced budget amend- Cantwell Leahy Stabenow Cardin Levin that 224-year-old document that has ment because this is what we need to Tester Carper Lieberman fostered the development of the great- do, this is what we have to do in order Casey Manchin Udall (CO) est civilization the world has ever Udall (NM) to protect our ability to fund both of Conrad McCaskill known. Coons Menendez Warner those things and everything else we do, Durbin Merkley Webb We have done this 27 times. We have you see, because by the end of this dec- Feinstein Mikulski Whitehouse done it at times in order to protect and ade, according to the White House’s Franken Murray Wyden preserve the Nation our ancestors own numbers, we will be paying close NAYS—45 fought so valiantly to create and later to $1 trillion every year to pay the in- Alexander Enzi McCain again to defend. We have to modify our terest on our national debt. Just the Ayotte Graham McConnell government, the manner in which we interest alone. We are currently spend- Barrasso Grassley Moran do business, in order to preserve that ing a little over $200 billion a year on Blunt Hatch Murkowski Boozman Heller Paul system, in order to make it strong, in interest—still a lot of money but about Burr Hoeven Portman order to ensure that it will continue to $800 billion lower than what we are Chambliss Hutchison Risch be strong for future generations. likely to be spending by the end of this Coats Inhofe Roberts Coburn Isakson Rubio We made it stronger when, for exam- decade. Cochran Johanns Sessions ple, we added the Bill of Rights shortly Where will that additional $800 bil- Collins Johnson (WI) Shelby after the ratification of the Constitu- lion every single year come from? This Corker Kirk Thune tion. We made it stronger again when, isn’t a discretionary sum. This is Cornyn Kyl Toomey Crapo Lee Vitter for example, we added the so-called money we have to pay. It is the first DeMint Lugar Wicker Civil War amendments, amendments thing we have to pay. Where will that ANSWERED ‘‘PRESENT’’—1 XIII, XIV, and XV, ending slavery and $800 billion difference be made up? At the badges and incidents thereof. We that point, we can’t expect simply to Snowe made it stronger when we made clear raise taxes to make up that difference. NOT VOTING—1 that women must always be given the I am not aware of any tax increase plan Kerry right to vote. We have made it stronger that could bring in that much addi- The PRESIDING OFFICER. On this a number of times. And the time to tional revenue every year, without vote, the yeas are 53, the nays are 45, make it stronger has come yet again. stagnating our economy to the point

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00009 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19194 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 that we might, within 1 year or 2 years, schemes to circumvent the restrictions porting S.J. Res. 10, a balanced budget bring in less revenue rather than to make sure it is not spending more amendment proposal that has the sup- more—certainly not $800 billion more. than it takes in. port of all 47 Republicans. One of my Nor am I aware of any plan whereby we Third, the supermajority require- close allies in this endeavor has been could simply borrow an additional $800 ment must apply to the folks in both my friend and colleague, the junior billion to pay that interest, because Houses of Congress every time Con- Senator from Kentucky. I would like to doing so, of course, would cause our in- gress wants to spend more than it ask him to share his perspective on terest rates to skyrocket, grow out of takes in. Any balanced budget amend- why this is necessary. control, and our interest payments ment proposal that allows for a simple So I ask Senator PAUL why does he would be even more significant at that majority to bring about an exception think this is so important for us to point, thus further impairing our abil- to these spending limitations is one have this amendment right now. ity to fund everything from defense to that Congress can and will use to cir- Mr. PAUL. I think Congress has entitlements. So at that point, the cumvent the amendment entirely. Let failed. We have not passed a budget in only option on the table would be dra- me explain what I mean. 2 years, much less a balanced budget. matic, severe, abrupt, even Draconian We have had in the past certain stat- We cannot even pass a budget under cuts to everything from defense to en- utory legislative limitations on the normal procedures, and we are titlements and everything in between. Congress’s spending and borrowing showing no signs of being able to bal- We don’t want this. There is a better power. Some of these have been known ance our own budget. way. And the better way forward con- as the Graham-Rudman-Hollings legis- They say the American public, when sists of a severe permanent structural lation, and also the pay-go rules. But we ask them are they for a balanced spending reform that can be achieved because Congress makes those laws and budget, 70 to 75 percent of the people only through a balanced budget amend- because they haven’t been reduced to a are for it—Republicans, Democrats, ment. constitutional amendment, just as and Independents. Congress currently Let me explain what I mean by that. Congress giveth, Congress taketh has about a 10-percent approval rating. And, more importantly, let me explain away, and Congress has seen fit to ex- My thought is maybe our approval rat- what I don’t mean by that. empt itself of those rules. A balanced ing is so low because we are not listen- We have to be aware of things that budget amendment, even while ening to what the people want. The peo- masquerade as balanced budget amend- shrined in our Constitution, becomes ple want us to balance our budget. ments, things that will actually do the no more effective than those statutory They want us to do the responsible job instead of purporting to do the job, or internal rules unless every time thing. But they also do not want to distracting the public’s attention away Congress wants to get around those say: Oh, Social Security, we are going from the need to do this while in effect limitations Congress is required to cast to put that off to the side. They want doing nothing. We need to be aware of a supermajority vote to justify that ex- the Social Security fund to be sound what I sometimes call the Trojan horse cess. too. balanced budget amendment proposal. Finally, an effective balanced budget What are we doing right now? We are There are a few hallmarks of what a amendment must require that Congress reducing the funding to Social Secu- real, effective balanced budget amend- cast a supermajority vote anytime we rity. We are doing exactly the things ment would accomplish. First and fore- raise the debt limit. This will give us we should not be doing. So it is impor- most, it has to apply to all spending in an additional guarantee that tricky ac- tant, as my colleague said, that the requiring Congress to provide a super- counting mechanisms will not be used balanced budget amendment include majority vote for any borrowing au- to circumvent some of these most im- all spending, and we need to balance thority. There are some who have sug- portant restrictions. Without these re- our budget. gested we should have a balanced budg- strictions, Congress will continue to Mr. LEE. If the Congress is con- et amendment that exempts certain spend out of control, because Members sisting of a Senate and House, and the categories of entitlement spending. of Congress tend to be rewarded when Members of the Senate and House are But, of course, as we all know, it is en- they spend and they tend to be criti- elected representatives of the people titlement spending that continues to cized when they cut, and political pres- who stand for reelection at regular in- consume a larger and larger share of sures are such that I fear this spending tervals, and if the American voting our national budget each and every will continue out of control in per- public overwhelmingly supports a bal- year. It is entitlement spending that is petuity until that moment in which we anced budget amendment, why haven’t anticipated to have shortfalls for sums reach our natural mathematical bor- we then passed it and given the States that will have to be expended for Amer- rowing limit—not our statutory debt an opportunity to ratify such an icans alive today. It could range any- limit, our natural mathematical bor- amendment? where from $50- to $60- to $110 trillion rowing limit. It is at that point when Mr. PAUL. The big driving force here in unfunded entitlement liabilities. So the most abrupt, the most painful, the is the entitlements. If we look at the simply exempting entire categories of most Draconian cuts will have to be revenue coming into the government, entitlements is one of these hallmarks made. We can do this in a way that it is all being spent on entitlements of a Trojan horse balanced budget makes sense. We can do this in a way and interest. Forty percent of every amendment. We can’t do that. We need that is sensitive to the needs of the dollar is borrowed, but that means we it to apply to all Federal outlays, all most vulnerable Americans, those who have to borrow all the money for na- Federal spending. have become the most dependent upon tional defense, for our roads, all the Second, an effective balanced budget our entitlement State, most dependent rest of government. Forty percent of amendment must cap spending at the for their day-to-day existence on these every dollar, $40,000 a second, is being average historic level of Federal rev- very programs. Those programs will borrowed. Why don’t we come to an enue. Over the last 40 years, our aver- have to be cut abruptly and in a most agreement? age take, our average income as a per- painful manner unless we take the nec- I have been asking many people on centage of GDP, has been about 18 to essary steps right now and start mov- the other side that, and they say we 18.5 percent of our gross domestic prod- ing onto a smooth glidepath toward a will not fix entitlements until we have uct. We need to make sure we are not balanced budget amendment. a $1 trillion tax increase. If that is the spending more than that; that Con- We may not be able to balance our starting point, we are never going to gress can’t, without a supermajority budget overnight, but we can do it over fix entitlements because many of us vote, spend more than 18 percent of the course of a few years. That is ex- think raising taxes is a mistake, in the GDP in any given year. Otherwise, we actly what this would allow us to do. middle of a recession, and we think run the risk that Congress will find a I have worked closely with a number more money left in the private sector way through tricky accounting of my Republican colleagues in sup- would be better spent for jobs.

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When I go home to my lators throughout the country to urge now, and we are not getting anywhere. State, it doesn’t matter whether they this same action from Congress. In the Mr. LEE. I think most Members of are a Republican or Democrat or Inde- same breath, they also adopt it, and Congress would acknowledge that their pendent; they want us to fix the enti- they supported wholeheartedly the spe- constituents want the Federal budget tlement programs. They don’t want it cific balanced budget amendment pro- balanced. Why is it not enough for us to be dependent on increasing taxes on posal that is found in S.J. Res. 10. just to tell Members of Congress: everyone also. I thank them for doing that. I think Please balance it. We don’t want to Mr. LEE. What is my colleague’s they reflect the views of so many of have to restrict your authority. We sense as to how the various State legis- our State legislatures which balance don’t want to have to take the keys latures are likely to respond to a con- their budgets every single year. Most away from the irresponsible driver. We stitutional amendment proposed by of them do. It is not news when they do just want you to be responsible. Why both Houses of Congress? Does he think it. It is not news because it is what is doesn’t that work? they would likely ratify such an expected. It is expected because that is Mr. PAUL. I think because so much amendment by the necessary three- what they do. of government spending is considered fourths margin? I look forward to the day and age to be mandatory, so it just keeps en- Mr. PAUL. In the last year, I spoke when it is no longer news when Con- larging and expanding. Also, because before my State legislature to a joint gress balances its budget. people have great big hearts and they session of the House and Senate, and I would like to ask Senator PAUL an- want to help everyone, but they do not there was overwhelming support for a other question. Why is it that so many realize the ramifications of accumu- balanced budget amendment. I think are fond of saying, as our President has lating such a massive debt. As we accu- there is actually a movement out there recently said, ‘‘We don’t need a bal- mulate this debt there are ramifica- to do it if we do not do it. There is so anced budget amendment; what we tions. There are higher prices and the much feeling among the public that need is for Congress to just do its job’’? threat of an economic collapse. this enormous debt is hurting us. Why isn’t that enough to carry the Greece is going under. Italy is behind When I go home and talk to people, I day? them. Portugal, Spain—they are strug- say: Look, the people the debt hurts Mr. PAUL. The problem is, in the gling under this burden of debt. They the worst are those on fixed incomes, past we have had rules—as the Senator say when a country’s debt equals its senior citizens, and those in the work- mentioned, Gramm-Rudman-Hollings, economy, when it is about 100 percent ing class. Those are the people who are pay as you go. I think pay as you go, of its gross domestic product, it is los- being hurt by this debt because it which was passed in the late 1990s, was ing 1 million jobs a year. causes rising prices. As we print the broken 700 times. There doesn’t seem Our debt is stealing American jobs, it new money, those people are hurt to be the spine or willpower here to say is making us weaker as a country, every time they go buy gas at the no. Everybody wants something from making us vulnerable, making our na- pump, every time they go to the gro- government, but they do not realize tional security vulnerable. But we have cery store. The rising prices are hurt- that by getting things from govern- to do something. There is no evidence ing senior citizens and the working ment we do not pay for has ramifica- in this body we can even pass a budget, class. The only way we are going to fix tions. much less a balanced budget. it is to have rules that must be obeyed. Admiral Mullens said last year that I think everything about this body Mr. LEE. So they are paying for the biggest threat to our national secu- shows a failure to be fiscally respon- Washington’s fiscal irresponsibility in rity right now is our debt. Erskine sible and we need stronger rules. the form of job losses and in the form Bowles, head of the Debt Commission, Mr. LEE. Perhaps it is inherent in of increased prices for goods and serv- said the most predictable crisis in our the institution itself, in the forces at ices and in the form of inflation. history is going to be a debt crisis. play, that have made Congress unique- It is likewise my experience with my For those on the other side who will ly vulnerable to this kind of massive State legislature that they seem to be oppose a balanced budget, they will deficit spending. Whatever the reason, very supportive of it. In fact, I have a need to explain to the American people we know Congress is not willing, is not document here signed by the legisla- when chaotic situations come and we able, or at least in recent years has not tive leaders of my State: by Governor are having trouble paying for those been inclined except in rare, unusual Gary Herbert, by Utah house of rep- things that come from government, circumstances to balance its own budg- resentatives speaker Rebecca when the value of the money is de- et. Lockhart, and by Utah State Senate stroyed and when prices are rising dra- That being the case, we cannot as- President Michael Waddoups. It con- matically, they will have to explain to sume that Congress will all of a sudden cludes essentially as follows: the American people why they thought start doing its job, as those who have We urge the United States Senate and it was not necessary to balance the used this argument have insisted. Part House of Representatives to pass a balanced budget. of Congress’s job, as Congress has come budget amendment and send it to the states I have seen no willpower to attack to perceive it, is to engage in deficit for ratification. Additionally, we urge Con- entitlements. There are simple ways. spending. One of Congress’s powers, as gress to make Utah’s current resolution part We could gradually raise the age of the Members of Congress who read the Con- of the CONGRESSIONAL RECORD. entitlement eligibility and means test stitution will point out, is to borrow They also proceed to explain why the benefits. We could fix Social Secu- money on the credit of the United they feel so strongly about this. They rity tomorrow. We could fix Medicare States. So it is not enough to simply say: tomorrow. But the other side is unwill- tell Congress to do its job because it Not only for our own sake, but for future ing to talk about entitlement reform has regarded this kind of massive def- generations as well, the states must now unless—they believe they are owed icit as consistent with that mandate, combine in an unwavering resolve with con- some obligation of raising taxes by $1 consistent with that injunction. vincing action to put the nation’s financial house in order. Passage of your own state’s trillion. That would be a disaster for Meanwhile, Congress is continuing to resolution urging the support for a balanced the economy, and it is beyond me why occupy a larger and larger share of the budget amendment can help make this hap- the other side will not say let’s fix So- American economy. We have to re- pen. Please join with Utah to call upon Con- cial Security. member that for the first 150 years or

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00011 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19196 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 so of our Republic’s existence, we were who are Members of this body, those parts it considers unconstitutional. It spending between 1 percent and 4 per- who are Members of our sister body— can strike down the parts that are cent of gross domestic product at the the House of Representatives—who intertwined with the unconstitutional Federal national level, with only two choose not to support it, will cast their provision or it can strike down the brief exceptions—once during the Civil ‘‘no’’ vote at their own political peril whole law. Its action will depend upon War and once during and then the im- because the American people are stand- whether the remainder of the law can mediate aftermath of World War I. But ing and they are demanding more. function as Congress intended when it that all started to change in the 1930s They understand that, in the words of passed it. when we broke into double digits for Benjamin Franklin: ‘‘He’ll cheat with- There are rules governing sever- the first time ever during peacetime. out scruple who can without fear.’’ ability. Normally, when only parts of a We have never really gone back. When Congress is free to spend more law are held to be unconstitutional, Now the Federal Government is than it takes in every single year with- only those parts of the law are struck spending about 25 percent of GDP an- out political consequence, bad things down by the Court. But when a stat- nually. Roughly a quarter out of every happen. When Congress starts to ma- ute’s unconstitutional provisions are dollar that moves through the Amer- nipulate more and more of the econ- severed, the whole law falls when Con- ican economy every year is taken out omy, that is something the American gress would not have passed the con- of the real economy by Washington. It people understand is hurtful rather stitutional provisions without the un- is absorbed within the Federal morass than helpful to them, to the people on constitutional ones being in it as well. that is our government. That is a prob- the ground, to the person who is unem- It is not enough that some of the re- lem. That needs to change. ployed and looking for a job, to the maining provisions are constitutional. I fear, I suspect, I firmly believe that person who is underemployed or under- The Supreme Court has asked whether it will not change until we take this paid for the work he does, to the single the remaining provisions ‘‘would func- power away, until we at least impose mother who is just worried about tak- tion in a manner consistent with . . . severe restrictions on Congress’s boring care of her children, to the grand- the original legislative bargain.’’ rowing power because it has become parents who are worried about the fu- The lower courts have reached four part of Congress’s nature to engage in ture of their grandchildren, worried different conclusions concerning the this kind of out-of-control deficit about the fact that for the first time in health care reform law; first, that the spending. American history, Americans fear their individual mandate can be severed I would like to ask Senator PAUL an- posterity will enjoy a lower standard of from the rest of the bill; second, that other question. How does he think it living than what they have enjoyed. the individual mandate can be severed would impact the lives of Americans, All this is due to the fact that Con- but only if the law’s related provisions of Kentuckians, on a day-to-day basis, gress has no real boundaries to its au- that require mandatory issue and com- if we were to pass an amendment such thority and recognizes no real limits munity ratings are also severed; third, as this and have it ratified by the on its ability to spend our hard-earned the opposite position, that the man- States? money. This has real consequences. We date and the related provisions are not Mr. PAUL. People maintain that can forestall those negative con- severable; and, finally, that the man- they are for jobs, for getting the econ- sequences right now if we will act to date is not severable and that the omy growing again. If we were to pass restrict, on a permanent and structural whole law must fall. a balanced budget amendment and send basis, Congress’s ability to engage in One of my Judiciary Committee col- it to the States this year, it would cre- deficit spending. leagues has stated, for the Democrats, ate more jobs and create a better psy- Accept no imitations, beware of the ‘‘worst-case scenario, the mandate chology than we have had in this coun- Trojan horse balanced budget amend- falls.’’ But even the Obama administra- try in decades. I think we would see a ment, the one that can be cir- tion does not take that view. The ad- rise in the stock market like we have cumvented easily by a simple majority ministration argues that if the man- never seen before if we said to Wall vote. Beware of the balanced budget date falls, the guaranteed issue and Street and said to investors worldwide: amendment that limits, as a percent- community rating provisions must also We are going to balance our budget; we age of GDP, Congress’s ability to spend be struck down. The President’s admin- are not going to spend more than we money. Look out for these principles. istration says health insurance mar- take in. If we get this balanced budget amend- kets will not function if all Americans I think we would see an economic re- ment passed, submit it to the States are not forced to buy health insurance covery begin as we have never seen in for ratification. They will ratify it, and and insurance companies must, none- this country. I think we would see mil- we will find our best days, as Ameri- theless, insure everyone who seeks cov- lions of jobs created. That is why we cans, are yet ahead of us. erage at prices that do not reflect their have to do this. That is what the Amer- I urge my colleagues to cast a vote in health risk. ican people want. favor of S.J. Res. 10. If the mandate falls, keeping any of What amazes me about this debate is I thank the Chair. this law would violate the original leg- we are going to have this debate and I yield the floor. islative bargain. I would like to remind have this vote and the vast majority of The PRESIDING OFFICER (Mr. my colleagues of that original legisla- the other side said they will not vote BROWN of Ohio). The Senior Senator tive bargain. The health care law for a balanced budget amendment. from Iowa. passed because the majority party—in I say take that home. Tell your peo- HEALTH CARE LITIGATION its own partisan way—was going to ple at home that you are opposed to Mr. GRASSLEY. Mr. President, in a pass this bill by any means necessary. balancing the budget, and let’s run on few minutes, the Supreme Court will be The individual mandate was very crit- that. Let’s see who wins the elections addressing four issues in connection ical to the ability to pass this law and in the future because our country’s fu- with the constitutionality of the to particularly pass it only by partisan ture depends on balancing our budget Obama health care law. Previously, I considerations. and controlling the debt. I hope we do spoke about the unconstitutionality of We considered an amendment in the not wake up when it is too late. the individual mandate. Today, I wish Finance Committee that would have Mr. LEE. I could not agree more with to discuss the second issue of four: how granted exemptions from the indi- that assessment. It is important for us much of the law must be struck down if vidual mandate to everybody who to remind our colleagues of that be- the Court finds the individual mandate asked for that exemption. My good cause according to a recent CNN poll, to be unconstitutional. This legal ques- friend, the chairman—and that is Sen- the American people overwhelmingly tion is called severability. ator BAUCUS, as we all know—correctly support this by a margin of about 75 When a court rules a law is unconsti- stated: ‘‘The system won’t work if this percent. Those who oppose it, those tutional, it can strike down only those amendment passes.’’ He further called

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00012 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19197 it ‘‘an amendment which guts and kills I am pleased the Supreme Court has lost their lives in such a rare tragedy. health reform.’’ He commented that ‘‘if granted oral arguments devoted to the Nevada puts great stock in protecting we are serious about making sure that severability question all by itself. In the safety of its tourists, whether fly- the Americans have health insurance, the past, the Supreme Court has issued ing over the Grand Canyon or walking we all have to participate. . . .’’ So the very activist severability rulings in down the Las Vegas strip. I hope the bill’s sponsors knew the whole oper- which it rewrote a statute in a way inquiry into the cause of this crash will ation of the law depended upon this Congress never would have passed it. help us better protect helicopter pilots very important provision that the For instance, it completely rewrote and passengers in the future. Court is now considering on the indi- the campaign finance laws in the 1976 Again, my heart goes out to the fam- vidual mandate and whether that issue Buckley v. Valeo decision in a way ilies as they mourn this awful tragedy. was constitutional. that produced an unworkable system I note the absence of a quorum. Let me repeat that. The people pro- that no Member of Congress would The PRESIDING OFFICER. The moting this legislation that passed on have ever voted for. In the Booker case, clerk will call the roll. The assistant legislative clerk pro- a partisan vote knew the whole oper- the Supreme Court rewrote the sen- ceeded to call the roll. ation of the law depended upon the tencing laws in a way that produced a compulsion of the individual mandate. The PRESIDING OFFICER. The Sen- very unworkable system that no Mem- ator from Iowa. The legislative bargain also showed ber of Congress would have voted for. this law would not have passed if a sin- Mr. GRASSLEY. Mr. President, I ask This time, the Supreme Court should unanimous consent that the order for gle comma had been changed. Congress not use the severability doctrine to re- could not have enacted any part of this the quorum call be rescinded. write the health care law into some- The PRESIDING OFFICER. Without law without the individual mandate or thing Congress never would have any other provision. That situation objection, it is so ordered. passed in the first place. It should Mr. GRASSLEY. If the Democrats comes about from the fact that the bill strike down the entirety of the law in aren’t going to take their time, I would passed the Senate by one vote and indi- keeping with the law on this subject. like to take 5 or 6 minutes on another vidual Senators were able to extract Such a ruling would give us the chance subject, and I ask unanimous consent specific provisions that benefited their to do what we did not do before: work to do so. State in return for agreeing to provide in a truly bipartisan way to address The PRESIDING OFFICER. Without their deciding vote for the bill. I think these issues. objection, it is so ordered. we all know the outrage that came I yield the floor. BROKEN ACCOUNTING SYSTEM from the grassroots of America over The PRESIDING OFFICER. The ma- Mr. GRASSLEY. Mr. President, I some of those very special provisions. jority leader is recognized. come to the floor today to commend We also know the American people LAS VEGAS HELICOPTER CRASH Secretary of Defense Leon Panetta for were disgusted by these deals. But Mr. REID. Mr. President, I am sad- personally focusing top-level attention without those arrangements and deals, to what has been a festering problem, none of the law would have passed. dened to have learned this morning that five people were killed late yester- and I think it is fair for me to say a Those deals were one of the reasons festering problem for decades. I am why the Democrats lost their 60-vote day in the terrible helicopter crash just a few miles outside Las Vegas. My talking about the Defense Depart- majority in the last election. So when ment’s broken accounting system and the other body could pass a bill only by sympathy is with the families of those who died, including pilot Landon Nield lack of financial accountability. accepting the Senate bill, they blocked Secretary Panetta has grabbed the any amendments that would have and four passengers. My thoughts are with them as the recovery efforts con- bull by the horns and told the military changed so much as a comma. Had any- services to get on the stick and move tinue this morning and as they lay thing changed, the new 59-vote Senate out smartly. He wants them to fix the their lost loved ones to rest. majority would have prevented pas- problem now, not later. Secretary Pa- Reports indicate the aircraft was on sage. The bill was offered on a take-it- netta’s bold initiative is laid out in a a tour of Hoover Dam. It crashed into or-leave-it basis, all or nothing. If the Department-wide memorandum dated a remote and rocky terrain in the individual mandate is struck down, October 11 this year. In this document, River Mountains between Lake Mead then the whole law must fall. Although he calls for an all-hands-on-deck pri- it is not conclusive, it is certainly rel- and Henderson, NV, a few miles from ority effort to accelerate plans to cre- evant that the law does not contain a Las Vegas. ate a modern, fully integrated finance I have taken those helicopter tours. severability clause. This is one more and accounting system. Such a system, indication Congress thought the law It is an exciting trip. People don’t real- if it ever comes to be, would be de- was a unified whole. ize this, but we are just a few miles signed to generate reliable, accurate, It is simply not reasonable to argue from the Grand Canyon there in Las and complete financial information. that the law should survive without Vegas. It takes just a short time to Such a system should be capable of the mandate. The most important po- travel to that beautiful canyon to see producing credible financial state- litical accomplishment of the law is where millions of people go every year ments that can earn clean opinions the additional coverage, not the lower to see the Grand Canyon. Hundreds of from independent auditors. If that hap- costs we were promised. Without the thousands of tourists come from Las pens, the Department will achieve mandate, coverage under the law evap- Vegas to see it. what is called full audit readiness. But orates. I am truly grateful for the efforts of now I want to warn Secretary Panetta Does anyone believe that without the the National Park Service rangers, the about what has happened to so many coverage in the law, Congress could metropolitan police department, the well-intentioned Secretaries of De- have passed the massive Medicaid ex- search-and-rescue team, and the Hen- fense. That could be a big ‘‘if.’’ pansion? Does anyone believe that derson fire departments that responded Under the Chief Financial Officers without the coverage in the law, Con- rapidly to the scene of the accident. Act of 1990, all government agencies gress could have passed the Draconian The Federal Aviation Administration were supposed to reach full audit readi- cuts in Medicare? Does anyone believe and the National Transportation Safe- ness 15 years ago. As I understand it, that without the coverage in the law, ty Board are investigating this acci- the Defense Department is now the Congress could have passed hundreds of dent as we speak. I will continue to only delinquent agency. After the pas- billions of dollars in new taxes? Of monitor the investigation as well as sage of so much time, how is it, then, course not. It is simply not a legiti- the recovery efforts that are in that the Pentagon cannot provide an mate argument that the rest of the bill progress. accurate accounting of all the money it could have ever stood on its own with- Hundreds of thousands of tourists, I spends? Doing it is a constitutional re- out the individual mandate enabling repeat, enjoy these helicopter tours sponsibility. Not doing it is unaccept- additional coverage. each year. I am sorry innocent people able. Why are the military services

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00013 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19198 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 dragging their feet as they are? What is A willingness and a commitment on am here today to encourage and sup- the problem? Are all of the petty the part of the Secretary of Defense to port this courageous effort to clean up fiefdoms entrenched in Pentagon bu- take on this problem goes way beyond the books. I admire and respect his per- reaucracy causing the problem? Is it the production of credible financial sonal commitment to such a noble because they do not want to surrender statements required by the Chief Fi- cause. control of the money to a centralized nancial Officers Act of the late 1970s. It I am also here to reinforce the words financial authority? goes right to the heart of a much larg- of encouragement contained in a letter This is a festering problem Secretary er constitutional issue; that is, wheth- that my friend from Oklahoma, Dr. Panetta has tackled. As a former chair- er the Department of Defense is going COBURN, and I penned to Secretary Pa- man of the House Budget Committee to be held accountable. netta on November 17. We, being Sen- and Director of the Office of Manage- The Department must be able to pro- ator COBURN and I, want to work with ment and Budget, he has the necessary vide a full and accurate accounting of him to achieve this most worthy goal. knowledge and the necessary experi- all the money it spends. Under article And in the process of these remarks to ence to get this job done. I, section 9 of the Constitution, such an the Senate, I hope other Members of The magic date for achieving full accounting must be published from the Senate, particularly those who are audit readiness at Defense was set in time to time. The taxpayers expect and on the Armed Services Committee, will concrete 2 years ago. Unfortunately, deserve nothing less than that. Today, also give Secretary Panetta encour- this goal has a long and elusive his- DOD can’t do that. The status quo is aging words of support and thanks. tory, and that long and elusive history unacceptable. I yield the floor. is best characterized by relentless slip- While I began conducting oversight The PRESIDING OFFICER. The Sen- page. It is a rolling target date, and of the Defense Department financial ator from Illinois. most experts believe the 2017 deadline management issues more than 20 years ORDER OF PROCEDURE is unattainable. ago, I did not come to fully appreciate Mr. DURBIN. Mr. President, on be- I am sure our tax-paying public the true understanding of the root half of the majority leader, I ask unan- doesn’t understand why the Federal cause issue until 3 years ago. imous consent that the time until 2:30 Government wouldn’t have the best ac- After receiving a series of anonymous p.m. be equally divided between the counting system in the world, but they letters alleging misconduct and mis- two leaders or their designees for de- don’t, particularly in the Defense De- management within the inspector gen- bate on the Reid motion to proceed to partment. eral’s audit office, I initiated an in- Calendar No. 251, S. 1944; that at 2:30 Under Secretary Panetta’s leader- depth oversight review of audit report- p.m., the Senate vote on the motion to ship, I hope all the slippage comes to a ing. Early on in the review, there was proceed to S. 1944; that upon disposi- screeching halt and all the bureau- a startling revelation: One all-impor- tion of the Reid motion to proceed, it cratic roadblocks are torn down. He tant, central element was adversely af- be in order for the Republican leader or has definitely turned up the heat and fecting every facet of the inspector his designee to move to proceed to Cal- turned up the pressure. He has drawn a general’s audit effort, and that was the endar No. 244, S. 1931; that there be 2 line in the sand. He wants to see re- Department’s broken accounting sys- minutes of debate equally divided be- sults and see results now. He is calling tem. This dysfunctional system is driv- for a revised plan for achieving audit tween the two leaders or their des- ing the audit freight train. The success readiness. It is due on his desk Decem- ignees prior to the vote; that both mo- or failure of an audit turns on the qual- ber 13. So Army, Navy, Air Force, Ma- tions to proceed be subject to a 60-vote ity of the financial data available for rines, Coast Guard, and everybody threshold; finally, that the cloture mo- else—well, the Coast Guard is not in- audit by competent examiners. The tion relative to the motion to proceed volved but everybody else—get on the record clearly shows the quality of fi- to S. 1944 be vitiated. The PRESIDING OFFICER. Is there stick because that is next week. He has nancial data presented for audit by the set a near-term goal. He wants the De- Department should be rated poor—or objection? Without objection, it is so partment to produce partial financial maybe I ought to say even worse than ordered. statements by 2014. poor. This is what I call the ‘‘no audit BALANCED BUDGET AMENDMENT As a first step, Secretary Panetta has trail’’ scenario. It is frequently encoun- Mr. DURBIN. Mr. President, a little called for the production of statements tered by auditors trying to examine earlier today the junior Senator from of budgetary resources by 2014. A state- Department of Defense books of ac- Utah, Mr. LEE, came to the floor to dis- ment of budgetary resources is just one count. That is the exact problem Sec- cuss the balanced budget amendment. component of a financial statement, retary Panetta is attempting to ad- Under the budget agreement agreed to but it represents a big important dress. in Congress in August, both the House chunk of the whole. If credible state- All my audit oversight work tells me and Senate were required to vote on a ments of budgetary resources can be that fixing the accounting machinery constitutional amendment to balance produced 3 years ahead of schedule, is the first step to audit readiness. the budget before the end of this cal- then maybe the full audit readiness by Once a modern, fully integrated system endar year. The House has already 2017 is, indeed, possible. is up and running, it should be a simple taken the vote. The measure failed. I also understand that Secretary Pa- matter of punching the right computer The Senate still has a responsibility to netta’s near-term goal is being incor- buttons and credible financial state- take it up, which we will do in the clos- porated in legislation working its way ments will roll off of the printer. Doing ing hours of the session this calendar through Congress right now. That routine oversight audits should be a year. should help to move the ball further piece of cake. Today’s labor-intensive There are at least two proposals be- down the field. and time-consuming audit trail recon- fore us for a constitutional amend- Secretary Panetta’s decision to set a struction work which auditors now en- ment, and my subcommittee, the Sub- preliminary goal of 2014 will be a good dure in the absence of reliable account- committee on the Constitution, Civil gauge—a good test—of what is and is ing records will be a thing of the past. Rights and Human Rights of the Com- not possible. Can the Defense Depart- Most importantly, effective internal mittee on the Judiciary, held a hearing ment achieve full audit readiness by controls will be in place to protect the last week asking questions about these 2017? We won’t have to wait 6 years to taxpayers’ money against fraud, theft, approaches to the Constitution. find that out under the process Sec- and waste. The leading approach on the Repub- retary Panetta is instituting. If prob- What I am saying to my colleagues is lican side comes from both Senators lems surface early on, we in Congress this: Secretary Panetta is on the right HATCH and MCCONNELL. I am not cer- can help the Department take correc- track. He is trying to take us to a tain which they will offer or whether tive action to keep this effort on track place where we need to go and go soon. the language might change at the last and moving in the right direction. I want to help him lead us there, so I minute, but it would enshrine in our

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This par- I ask unanimous consent that Mr. eral expenditures be cut or taxes increased Greenstein’s statement be printed in to offset the effects of the automatic stabi- ticular proposed constitutional amend- lizers and prevent a deficit from occurring— ment would: the RECORD. the opposite course from what sound eco- Require that in each fiscal year Fed- There being no objection, the mate- nomic policy calls for. eral outlays shall not exceed receipts rial was ordered to be printed in the Over the years, leading economists have unless two-thirds of each House votes RECORD, as follows: warned of the adverse effects of a constitu- to waive. TESTIMONY OF ROBERT GREENSTEIN, BEFORE tional balanced budget amendment. In Con- It caps outlays at 18 percent of gross THE SUBCOMMITTEE ON THE CONSTITUTION, gressional testimony in 1992, Robert domestic product each year unless two- CIVIL RIGHTS AND HUMAN RIGHTS HEARING Reischauer—then director of the Congres- ENTITLED, ‘‘A BALANCED BUDGET AMEND- sional Budget Office and one of the nation’s thirds of each House votes to waive. MENT: THE PERILS OF CONSTITUTIONALIZING most respected experts on fiscal policy—ex- It requires a two-thirds vote in each THE BUDGET DEBATE,’’ NOVEMBER 30, 2011 plained: ‘‘[I]f it worked [a constitutional bal- House for any tax or revenue-raising Thank you for the invitation to testify anced budget amendment] would undermine measure. today. I am Robert Greenstein, president of the stabilizing role of the federal govern- It requires a three-fifths vote in each the Center on Budget and Policy Priorities, ment.’’ Reischauer noted that the automatic House for raising the debt limit. a policy institute that focuses both on fiscal stabilizing that occurs when the economy is It allows for waiver of the amend- policy and on policies affecting low- and weak ‘‘temporarily lowers revenues and in- ment in times of declared war or seri- moderate-income Americans. We, like most creases spending on unemployment insur- ous military conflict. others who analyze fiscal policy develop- ance and welfare programs. This automatic ments and trends, believe that the nation’s stabilizing occurs quickly and is self-lim- It prohibits courts from ordering any fiscal policy is on an unsustainable course. iting—it goes away as the economy revives— increase in revenue to enforce the As part of our work, we have been analyzing but it temporarily increases the deficit. It is amendment. proposed changes in budget procedures for an important factor that dampens the ampli- It directs Congress to enforce the more than 20 years. We have conducted ex- tude of our economic cycles.’’ Under the con- amendment through appropriate legis- tensive analyses of proposals to write a bal- stitutional amendment, he explained, these lation. anced-budget requirement into the Constitu- stabilizers would no longer operate auto- It takes effect 5 years after ratification, among other proposals. matically. The purpose of changing our fiscal policy Similarly, when a constitutional balanced tion. course is to strengthen our economy over the This is far more extreme than the budget amendment was under consideration long term and to prevent the serious eco- in 1997, more than 1,000 economists including clean House balanced budget amend- nomic damage that would likely occur if the 11 Nobel laureates issued a joint statement ment, which failed to pass in that debt explodes in future decades as a share of that said, ‘‘We condemn the proposed ‘bal- Chamber on November 18. the economy. But we need to choose our fis- anced-budget’ amendment to the federal The testimony before our sub- cal policy instruments carefully. We want to Constitution. It is unsound and unnecessary. committee from experts in the field avoid ‘‘destroying the village in order to The proposed amendment mandates perverse said that this amendment, proposed by save it.’’ actions in the face of recessions. In economic The goal of a constitutional balanced budg- downturns, tax revenues fall and some out- Senators HATCH and MCCONNELL, will et amendment is to address our long-term require Draconian cuts in Social Secu- lays, such as unemployment benefits, rise. fiscal imbalance. Unfortunately, a constitu- These so-called ‘built-in stabilizers’ limit de- rity, Medicare, Medicaid, our military tional balanced budget amendment would be clines of after-tax income and purchasing retirement system, and many programs a highly ill-advised way to try to do that and power. To keep the budget balanced every important to working families. likely would cause serious economic damage. year would aggravate recessions.’’ This sum- It will make Republican fiscal poli- It would require a balanced budget every mer, five Nobel laureates in economics cies the constitutional law of the land, year regardless of the state of the economy, issued a new statement opposing a constitu- unless a supermajority of both houses tional balanced budget amendment for this giving protection to those in higher in- overrode that requirement. This is an unwise reason. come categories from any tax increase stricture that large numbers of mainstream Earlier this year, the current CBO direc- forever, without an extraordinary vote economists have long counseled against, be- tor, Douglas Elmendorf, sounded a similar cause it would require the largest budget in either House. warning when asked about a constitutional cuts or tax increases precisely when the It would delegate the task of resolv- balanced budget amendment at a Senate economy is weakest. It holds substantial ing budget disputes to our court sys- Budget Committee hearing. Elmendorf ob- risk of tipping faltering economies into re- tem. served: cessions and making recessions longer and ‘‘Amending the Constitution to require It would make recessions worse by deeper. The additional job losses would like- this sort of balance raises risks . . . [t]he requiring cuts in countercyclical safely be very large. ty-net programs such as food stamps When the economy weakens, revenue fact that taxes fall when the economy weak- and unemployment just at the time growth drops and revenues may even con- ens and spending and benefit programs increase when the economy weakens, in an when those expenditures are most tract. And as unemployment rises, expenditures for programs like unemployment insur- automatic way, under existing law, is an im- needed. portant stabilizing force for the aggregate It would increase the likelihood of ance—and to a lesser degree, food stamps and Medicaid—increase. These revenue declines economy. The fact that state governments debt limit standoffs each year. and expenditure increases are temporary; need to work . . . against these effects in It would lead to increased burdens on they largely disappear as the economy recov- their own budgets—need to take action to our States. ers. But they are critical for helping to keep raise taxes or cut spending in recessions— During the course of the hearings, struggling economies from falling into a re- undoes the automatic stabilizers, essen- several people came forward to testify. cession and for moderating the depth and tially, at the state level. Taking those away I recommend to my colleagues that length of recessions that do occur. at the federal level risks making the economy less stable, risks exacerbating the they carefully read these testimonies, When the economy weakens, consumers and businesses spend less, which in turn swings in business cycles.’’ which are available on the Senate Judi- causes further job loss. The drop in tax col- Finally, a month ago, Macroeconomic Ad- ciary Committee website. lections and increases in unemployment and visers (MA) analyzed the economic impacts The first was Robert Greenstein, other benefits that now occur automatically of a constitutional balanced budget amend- president of the Center on Budget and when the economy weakens cushions the ment. One of the nation’s preeminent private Policy Priorities. Mr. Greenstein, who blow, by keeping purchases of goods and economic forecasting firms, Macroeconomic is well recognized and respected on services from falling more. That is why Advisers provides analysis to major corpora- Capitol Hill, spoke about the counter- economists use the term ‘‘automatic stabi- tions and government entities, such as the lizers’’ to describe the automatic declines in President’s Council of Economic Advisors cyclical aspect and said that if you cut revenues and automatic increases in UI and under Presidents of both parties, including spending in the midst of a recession, other benefits that occur when the economy Presidents Reagan and George W. Bush. you will not have the resources you turns down; these actions help stabilize the MA concluded that if a constitutional bal- need to provide unemployment bene- economy. anced budget amendment had already been

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That is a risk we should not take. expenditures in any year from exceeding a would be catastrophic.’’ If the 2012 budget These are illustrations of why fiscal policy figure such as 18 percent of the Gross Domes- were balanced through spending cuts, MA should not be written into the Constitution. tic Product in the previous calendar year. found, those cuts would total about $1.5 tril- A parallel problem is that the proposed These constitutional requirements could be lion in 2012 alone—and would throw about 15 constitutional amendment would make it overridden only by supermajority votes in million more people out of work, double the even harder than it already is to raise the both the House and the Senate. unemployment rate from 9 percent to ap- debt limit, by requiring a three-fifths vote of This requirement for a supermajority to proximately 18 percent, and cause the econ- both the House and Senate to raise the limit. raise taxes would be extremely unwise. It omy to shrink by about 17 percent instead of This is playing with fire. It would heighten would protect what President Reagan’s growing by an expected 2 percent. the risk of a federal government default. A former chief economic advisor, Harvard Even if a BBA were implemented when the default would raise our interest costs and economist Martin Feldstein, has called the budget was already in balance, MA con- could damage the U.S. economy for years to biggest area of wasteful government spend- cluded, it would still put ‘‘new and powerful come. ing in the federal budget—what economists uncertainties in play. The economy’s ‘auto- MISTAKEN ANALOGIES TO STATES AND FAMILIES call ‘‘tax expenditures’’ and Alan Greenspan matic stabilizers’ would be eviscerated [and] has called ‘‘tax entitlements.’’ Proponents of a constitutional amendment discretionary counter-cyclical fiscal policy In 2010, tax expenditures amounted to $1.1 sometimes argue that states and families would be unconstitutional .... Recessions trillion, more than the cost of Medicare and must balance their budgets every year and would be deeper and longer.’’ Medicaid combined (which was $719 billion), the federal government should do so, too. MA also warned that ‘‘The pall of uncer- Social Security ($701 billion), defense ($689 But statements that the constitutional tainty cast over the economy if it appeared billion, including expenditures in Iraq and amendment would align federal budgeting a BBA could be ratified and enforced in the Afghanistan), or non-defense discretionary practices with those of states and families middle of recession or when the deficit was spending ($658 billion, including expenditures are mistaken. still large would have a chilling effect on from the Recovery Act). Many of these tax While states must balance their operating near-term economic growth.’’ MA concluded expenditures are fully the equivalent of gov- budgets, they can borrow to finance their that a BBA would have detrimental effects ernment spending. Let me use child care as capital budgets—to finance roads, schools, on economic growth in both good times and an example. and other projects. Most states do so. States bad. If you are low- or moderate-income, you also can build reserves during good times Proponents of a constitutional amendment may get a federal subsidy to help cover your and draw on them in bad times without often respond to these admonitions by not- child care costs, and the subsidy is provided counting the drawdown from reserves as new ing that the proposed constitutional amend- through a spending program. If you are high- spending that unbalances a budget. ment would allow the balanced-budget reer on the income scale, you still get a gov- Families follow similar practices. They quirement to be waived by a vote of three- ernment subsidy that reduces your child care borrow—they take out mortgages to buy a fifths of the House and the Senate, so the costs, but it is delivered through the tax home or student loans to send a child to col- BBA would be set to the side in recessions. code, as a tax credit. (Moreover, if you are a lege. They also draw down savings when But this response is too facile, and the three- low- or moderate-income parent with child times are tight, with the result that their fifths waiver provision does not solve the care costs, you likely will miss out because expenditures in those periods exceed their problem. It is difficult to secure three-fifths the spending programs that provide child current incomes. votes for anything; consider the paralysis care subsidies are not open ended and can But the proposed constitutional amend- that marks much of the work of the Senate. only serve as many people as their capped ment would bar such practices at the federal Moreover, it may take months after a down- funding allows. By contrast, if you are a level. The total federal budget—including turn begins before sufficient data are avail- higher income household—and there is no capital investments—would have to be bal- able to convince three-fifths of the members limit on how high your income can be—your anced every year, with no borrowing allowed of both houses of Congress that a recession is child care subsidy is guaranteed, because the for infrastructure or other investments that underway. Furthermore, it is all too likely tax subsidy that you get operates as an open- can boost future economic growth. And if the that even after the evidence for a downturn ended entitlement.) It is difficult to justify federal government ran a surplus one year, it is clear, a minority in the House or Senate making the tax-code subsidy sacrosanct and could not draw it down the next year to help would hold a waiver vote hostage to demands the program subsidy a deficit-reduction tar- balance the budget. for concessions on other matters (such as get merely because one is delivered through I would also note that the fact that states new, permanent tax cuts). By the time that a ‘‘spending’’ program and the other is deliv- must balance their operating budgets even in a recession were recognized to be underway ered through the code. recessions makes it all the more important and three-fifths votes were secured in both And as the child care example illustrates, from the standpoint of economic policy that chambers, if such support could be obtained sharply distinguishing between subsidies de- the federal government not be subject to the at all, extensive economic damage could livered through the tax code and those deliv- same stricture. American Enterprise Insti- have been done and hundreds of thousands or ered through programs on the spending side tute analyst Norman Ornstein addressed this millions of additional jobs unnecessarily of the budget also has a ‘‘reverse Robin matter in an article earlier this year, where lost. Hood’’ aspect. Low- and moderate-income he wrote: ‘‘Few ideas are more seductive on The bottom line is that the automatic sta- households receive most of their government the surface and more destructive in reality bilizers need to continue to be able to work assistance through spending programs; afflu- than a balanced budget amendment. Here is automatically to protect American busi- ent households receive most of their federal why: Nearly all our states have balanced nesses and workers. The balanced budget subsidies through tax expenditures. Effec- budget requirements. That means when the amendment precludes that. tively barring reductions in tax expenditures economy slows, states are forced to raise Nor is a recession the only concern. Con- from contributing to deficit reduction is a taxes or slash spending at just the wrong sider the savings and loan crisis of the 1980s, prescription for placing the greatest burden time, providing a fiscal drag when what is or the financial meltdown of the fall of 2008. of deficit reduction on those who can least needed is countercyclical policy to stimulate A constitutional balanced budget amend- afford to bear it. the economy. In fact, the fiscal drag from ment would have hindered swift federal ac- The problems do not stop there. If it re- the states in 2009–2010 was barely countered tion to rescue the savings and loan industry quires a supermajority to raise any revenue, by the federal stimulus plan. That meant the or to rapidly put the Troubled Assets Relief another likely outcome is a proliferation of federal stimulus provided was nowhere near Program in place. In both cases, history indi- tax loopholes. New loopholes—including what was needed but far better than doing cates that federal action helped save the loopholes that Congress did not intend but nothing. Now imagine that scenario with a economy from what otherwise likely would that high-priced tax lawyers and account- federal drag instead.’’ have been far more dire problems. ants have found ways to create—could be- Moreover, the federal government provides S.J. RES. 10 AND S.J. RES. 23 RAISE ADDITIONAL come untouchable once they appeared, be- deposit insurance for accounts of up to ISSUES cause it would require a supermajority of the $250,000; this insurance—and the confidence The foregoing concerns apply to all House and Senate to raise any revenue. It it engenders among depositors—is critical to versions of the balanced budget amendment would become more difficult to close tax the sound functioning of our financial sys- that have been introduced. Some versions of loopholes that opened up, since (under S.J. tem so that we avoid panics involving a run the balanced budget amendment, such as Res. 10 and S.J. Res. 23) special-interest lob- on financial institutions, as occurred in the S.J. Res. 10 and S.J. Res. 23, which are iden- byists could block such action simply by se- early 1930s. A constitutional prohibition of tical, raise additional concerns, because they curing the votes of one-third plus one mem- any deficit spending (unless and until a would write into the Constitution new barber in one chamber. supermajority of both houses of Congress riers to raising any revenues—including clos- Finally, as noted, S.J. Res. 10 and S.J. Res. voted to authorize it) could seriously weaken ing wasteful tax loopholes—to help balance 23 would bar federal spending from exceeding

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18 percent of GDP in the prior calendar year, Congress would not, of course, have to cut Now, Senator LEE, who spoke on the which translates into a limit of about 16.6 all programs by the same percentage and floor earlier, has a version of the bal- percent of the current fiscal year’s GDP. To likely would not do so. But if Congress chose anced budget amendment that ex- hit that level would require cuts of a truly to spare certain programs, others would have pressly gives standing to Members of draconian nature. Consider the austere budg- to be cut even more deeply. For example, if et that the House of Representatives passed Social Security were spared, the average cut Congress, if I am not mistaken. But the on April 15, sometimes referred to as the to all other programs would rise by more point made by Professor Morrison is Ryan budget. Under that budget, Medicare than one third, from 24.9 percent in 2018 to that any balanced budget amendment would be converted to a voucher system 34.2 percent. Similarly, if the defense budget has to expressly give to our Federal under which, the Congressional Budget Of- were increased by placing it at 4 percent of court system the power of judicial re- fice has said, beneficiaries’ out-of-pocket GDP (exclusive of war costs) and maintain- view. In other words, who is going to health-care costs would nearly triple by 2030 ing it at that level, as presidential candidate call the fouls, the balls, the strikes, (relative to what those costs would be that Mitt Romney has proposed, then all other and the outs? It is going to have to be year under the current Medicare program). programs—including Social Security—would the court system when it comes to CBO also has written that under the Ryan have to be cut an average of 38.2 percent in budget, federal Medicaid funding in 2030 2018 under S.J. Res. 10 and S.J. Res. 23. whether the balanced budget amend- would be 49 percent lower than it would be if Even if the so-called ‘‘plain vanilla’’ ment is being complied with. the Affordable Care Act’s Medicaid expan- version of the BBA is pursued, rather than That is the first question but cer- sion were repealed but Medicaid otherwise S.J. Res. 10 and S.J. Res. 23, the required tainly not the last question. was unchanged. And funding for non-security level of budget cuts would be massive, as- Professor Morrison then went on to discretionary programs would be cut more suming taxes are not raised to help balance say: Now, put this in the real world. In than one-third below its real 2010 level. Yet the budget. Congress would have to cut ev- the real world, where Congress has CBO says that under this budget, total fed- erything an average of 17.3 percent in 2018, passed a budget, appropriations bills, eral spending would be 203⁄4 percent of GDP an average of 23.8 percent if Social Security in 2030, so it would breach the allowable and now someone is arguing that what were protected, and an average of 29.4 per- Congress did does not comply with the limit under S.J. Res. 10 and S.J. Res. 23 by cent if the defense budget were set at 4 per- four percentage points of GDP. This illus- cent of GDP and Social Security were not new provision of the Constitution re- trates the draconian nature of the proposed protected. quiring a balanced budget—arguing 16.6 percent-of-current-GDP requirement. that, in fact, Congress is overspending Another way to look at this stricture is to CONCLUSION Policymakers need to begin to change our the amount it is allowed to spend, for examine federal expenditures under Ronald example—then, of course, that case has Reagan. Under President Reagan, who se- fiscal trajectory. As various recent commis- cured deep budget cuts at the start of his sions have indicated, we need to stabilize the to find its way from the Capitol Build- term, federal expenditures averaged 22 per- debt as a share of GDP in the coming decade ing to the President, who signed the cent of GDP. And that was at a time before and to keep it stable after that (allowing for bill, and then over to the court system. any members of the baby boom generation some fluctuation over the business cycle). Keep in mind, while we are in doubt had retired and when health care expendi- But establishing a balanced budget amend- about the outcome on appropriations tures throughout the U.S. health care sys- ment in the Constitution would be exceed- bills and the budget, there is a serious tem (including the private sector) were one- ingly unwise. It would likely exact a heavy question about how we will continue to toll on the economy and on American busi- third lower as a share of GDP than they are fund our government, whether we can today. It also was before the September 11 nesses and workers in the years and decades terrorist attacks led policymakers to create ahead. It is not the course that the nation continue to make important payments a new category of homeland security spend- should follow. to military retirees, Social Security ing, and before the wars in Iraq and Afghani- Mr. DURBIN. Mr. President, another recipients, Medicare recipients. All of stan led to increases in veterans’ health-care testimony that I thought was ex- it is in doubt while there is a question costs that will endure for a number of dec- tremely compelling came from Alan raised as to whether the budget passed ades. Morrison. Alan Morrison is an accom- by the Congress is unconstitutional. ESTIMATING THE EFFECTS OF SPENDING CAP IN plished attorney and has argued many This is the thicket we are being led S.J. RES. 10 AND S.J. RES. 23 into by those who very glibly say: All To provide a more precise and detailed cases before the U.S. Supreme Court. He is the Lerner Family Associate we need to do is mandate in the Con- analysis of the impact that the spending cap stitution a balanced budget, and it will in S.J. Res. 10 and S.J. Res. 23 would have, Dean for Public Interest & Public Serv- we recently conducted an analysis of its ef- ice Law at George Washington Univer- just flow naturally from that mandate. Well, listen to what Professor Morri- fects, using the latest Congressional Budget sity Law School. Office ten-year budget projections. We con- Professor Morrison really asked us to son said: sidered the impact if the balanced budget re- think through what we are doing. In The federal courts will (rightly) be extremely reluctant to wade into these budget quirement would take effect in fiscal year fact, he asked us the most important 2018, as would occur if Congress approved it battles and thus will want to be sure that now and the requisite number of states rati- question: If you put an amendment to there is likely to be a violation before agree- fied it by September 30, 2013. Here are the re- the Constitution that requires a bal- ing to decide the merits. But budgets are insults. anced budget, who will enforce it? Who herently uncertain in their impact, depend- —Congress would have to cut all programs will make it work? Who will decide if ing on such factors as whether revenue tar- (except interest on the debt) by an average of you have lived up to its terms? He con- gets are met, whether the demand for enti- 24.9 percent in 2018. It would have to cut pro- cluded, based on his background in con- tlements is higher or lower than anticipated, grams by $1.1 trillion in 2018 alone, and by stitutional law and arguing before the whether discretionary spending is fully real- $6.1 trillion through 2021. ized, and whether an existing war winds —If all programs were cut by the same per- Supreme Court, not the President. The down or a new one starts, each with great centage, Social Security would be cut $265 President is not in that position to do uncertainties accompanying them. Thus, it billion in 2018 alone and $1.7 trillion through it. The President, of course, with his will be far from clear on October 1st of a 2021; Medicare would be cut $168 billion in budget, has his own favorites when it given fiscal year whether a duly enacted 2018 and $1.1 trillion through 2021; and Med- comes to spending and revenue. budget will or will not be in balance, assum- icaid and the Children’s Health Insurance Professor Morrison said this case ul- ing that the question is reasonably close, as Program (CHIP) would be cut $115 billion in timately has to find its way to our it is likely to be in at least some years. Un- 2018 and $724 billion through 2021. less Congress makes it clear, either in the —Veterans disability payments, compensa- court system. But he made it clear that any constitutional balanced budg- [constitutional] amendment or perhaps by tion, and other such benefits would be cut $19 subsequent legislation, that the courts billion in 2018 and $122 billion through 2021. et amendment must expressly give to should resolve all doubts in favor of finding —Defense spending would be cut $141 bil- the Federal courts the standing to de- claims ripe, the courts are likely to be very lion in 2018 and $879 billion through 2021, on cide the question. He raised a question reluctant to reach the merits even for those top of the reductions made to comply with that without that expressed language, persons who are expressly given standing in the discretionary spending caps that the the amendment. Budget Control Act establishes and the re- he really was doubtful that the courts ductions made under the sequestration order would take it up. They might view it as Then, of course, is the question of a that is expected to be issued in January 2013, just a political question to be resolved remedy. What if Congress passes a pursuant to that act. by Congress itself. budget and appropriations bills, the

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00017 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19202 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 President signs them, and they are ration for nations around the world to we have to do the right and responsible challenged in court, and the court says: put in a fatally flawed constitutional thing. Yes, in fact, Congress has overspent be- balanced budget amendment in the This afternoon, there will be a vote yond the requirements of the Constitu- heat of the moment. on the payroll tax cut offered by Sen- tion. What is next? What remedy would This is a significant vote. Those of ator CASEY of Pennsylvania. It is a the courts order? What can the court us—and that includes every single payroll tax cut that would help mil- do? Member of the Senate—who have sworn lions of America’s working families Can they order the recipients (of salaries, to uphold and defend the Constitution have more to spend and help the econ- social security benefits, Medicare payments, need to take that document very, very omy to recover. And he pays for it. He payments under Government contracts etc) seriously. Those who want to amend it does not add to the deficit. He pays for to ‘‘pay back’’ [a certain percentage]? Or can in quick fashion, changing their it by imposing a surtax—listen close- it order Congress to rectify the balance in amendment language by the day, ly—on the second million dollars the next year’s budget, which would almost should be dismissed. If they do not earned by a person in a year, not the certainly trigger a new lawsuit? To be sure, the courts will not dismiss as moot claims show the reverence for this document first million. You do not pay a penny that are capable of repetition, yet evade re- that it deserves, if they do not take the on the first million you earn. On the view because the duration of the violation is time to make certain their proposals second million, you will pay a surtax, so limited that the courts cannot decide its are consistent with the sanctity and and I think it is 2 percent, maybe less. legality before it has ceased. importance of this document, they The Republicans have said: Abso- Professor Morrison asks us to get be- should not be taken seriously. lutely unacceptable. We will not allow yond the bumper stickers and to think I do not believe any of my colleagues you to impose this onerous tax on twice before we amend our Constitu- can go home having voted for that these people. tion. amendment and expect wild applause People who are already making In the 220 years since the enactment from audiences across America. They $20,000 a week, we cannot ask them to of the Bill of Rights, we have amended will understand that this was just a po- pay 2 percent more on the next dollar this Constitution precious few times. litical reaction to a very important they make? I do not think it is unrea- We have done it for compelling na- issue. Let’s not amend the Constitu- sonable. And if it leads to a payroll tax tional reasons. We have done it to ex- tion with a balanced budget amend- cut that helps families across this tend the right to vote to women. We ment. country, if the economy continues to have done it to make it clear that Afri- (Mrs. HAGAN assumed the chair.) recover even at a faster pace, if we see can Americans treated as slaves will be Mr. DURBIN. Madam President, I more business activity and business treated as citizens in the United would like to make one additional brief life and more people working, do you States. We have done it to deal with statement. I see the Senator from Ohio know what is going to happen? Those questions of Presidential disability and in the Chamber. same wealthy people will prosper succession. These are things which The holiday season is upon us, and a again, as they always do. It is in their were compelling, major, national lot of us are thinking about our fami- best interests for this economy to get issues which could be resolved in a lies, and we are thinking about being well. For our Republican friends to fold clear, definitive way by our Congress, with them as quickly as we can. It is a their arms and say: We are just not working with the States for ratifica- time of year that has a special signifi- going to let you touch the wealthiest tion. cance for so many of us. But what was people in America, is an irresponsible Now comes the flavor of the day. In made clear by President Obama yester- position. the midst of the deficit crisis debate, day—and my colleagues should take Senator CASEY has led this effort. It there are those who are arguing that note—we are not going home for is the second effort we have made. We we should not accept our responsibility Christmas, Hanukkah, or any holiday had one last week. The Republicans of- in the Senate and the House to balance season until we have done our job for fered their alternative last week. It the budget. No, we should just put in the people of this country. had 20 votes on the floor of the Sen- the Constitution that we are required Millions of people in Illinois and ate—20 out of 47 Republican Senators. to do it. And then they go further. If across America are counting on Con- Twenty voted for it. They want to we are going to address it, they say, we gress to extend the payroll tax cut. bring it up again today. They will prob- are going to draw certain lines that fu- What does it mean in my State? With ably get more than 20 votes this time, ture Congresses, forever, as long as this an average income of $50,000 a year, it but it is pretty clear that the Repub- constitutional amendment applies, will is worth more than $1,000 a year to lican Senators are halfhearted in their be bound by—to make it more difficult those families. It is worth about $125 to support of this Republican alternative. to raise taxes on anyone in the United $150 a month to have a payroll tax One Republican Senator from Maine States; to make it imperative, if not cut—money that working families, had the courage to step across the aisle mandatory, that cuts be made in pro- struggling from paycheck to paycheck, last week and join us. We salute Sen- grams such as Social Security and desperately need to fill the gas tank, to ator COLLINS for doing that. We hope Medicare. These are questions that pay the utility bills, to provide cloth- others will do it today. should be decided by Congress and the ing for their kids, to make sure they We can bring this challenge to a close President on a timely basis. can stay in their home. These are the the right way by extending the payroll I have been involved in the past 2 basics. tax cut, paying for it with a tax on the years with a lot of debate about our na- No Member of Congress is going to be wealthiest people in America. We can tional budget deficit, both on the allowed to go home and ignore the im- do our job and go home and be with our Bowles-Simpson Commission and with position of such a new payroll tax on families. If Republicans will not come the voluntary effort by six Democratic America. President Obama met with to the table to work with us on a rea- and Republican Senators. It is not the Democratic leaders of the Senate sonable compromise, I am afraid the easy. It is very hard. But it can be done yesterday, and he said point-blank—he American people will know very clear- if the political will is there. has told the First Lady, Michelle, and ly who is to blame for continuing a tax I think we need to summon the cour- his girls that, if necessary, they can on working families across America. age, the political courage and the will have their Christmas vacation in Ha- The facts are that we want working to do it. But we should reject—sum- waii, which they go to each year, by Americans to have a good year, get marily reject these efforts to amend themselves, and he will wait here until through a difficult time, and the econ- our Constitution. They are not well this job is done. I hope that does not omy to recover. thought out. The Constitution is too happen for the sake of his family or for We should be doing this on a bipar- important a document, a historical the sake of any family of any Member tisan basis. The President said: Roll guidepost for our Nation, and an inspi- of Congress, but in order to avoid that, out your Christmas trees and blankets

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00018 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19203 here in the Senate because you are pushed through—at a very close, mid- It is easy for us to say: Let’s raise the going to stay here, even through the dle-of-the-night vote in the House of Social Security age to 70 because, God holidays if necessary. We are not going Representatives, by, I believe, one vote willing, we will still be here if the vot- to go home to celebrate until we can or two votes—a Medicare privatization ers vote us in and we can keep doing celebrate with American families who bill that basically was a bailout for the this. Most of us are pretty healthy and are counting on us across America. drug companies and the insurance com- do not work around asbestos and are I yield the floor. panies and did not pay for that. That is not doing heavy lifting, are not work- The PRESIDING OFFICER. The Sen- why we got to this situation, unfortu- ing in the snow, in the rain, in the ator from Ohio. nately, where we have had this terrible heat. Mr. BROWN of Ohio. Madam Presi- budget problem. Well, when I think about raising the dent, I go home every weekend, back to What I wanted to address is what the retirement age to 70, here is who I northeast Ohio where I live in a town solution of a couple of my colleagues think about. I think about construc- called Avon in Lorain County. I want seems to be. To their minds, there tion workers. I think about women who to go home at Christmas. I want to be seems to be sort of a moral equivalent cut hair. I think about a waitress who with my 3-year-old grandson and my of, on the one hand, asking million- works at a diner. I think about some- three daughters and son. But I also aires, people making a million dollars one who works at a factory in Bruns- think our obligation, as Senator DUR- and up, to pay their fair share and wick, OH. I think about people who BIN said, the assistant majority leader, making Medicare beneficiaries and So- walk the floors in retail. We are going is to stay here and get our work done. cial Security beneficiaries take big to tell them that—we who dress like And ‘‘get our work done’’ means extend cuts. this, we who have jobs like this are the payroll tax cut and extend unem- So I heard my two colleagues basi- going to tell those constituents—and ployment benefits. cally say this: that if the Democrats there are millions in my State and tens If we do not do that, frankly, we are were serious about moving toward a and tens and tens of millions around ruining the holiday season for tens of balanced budget—and, again, 15 years the country, working-class citizens of thousands and dozens of tens of thou- ago we did it. We absolutely did it with this country who simply cannot work sands, if you will, of Ohioans and Illi- President Clinton, got to a balanced until they are 70. noisans and North Carolinians. If we do budget, got to a surplus. If you are cutting hair, if you are not do that, we do not deserve to be They said if the Democrats are seri- changing sheets in a hotel, cleaning able to go home and be with our fami- ous about that, they will raise the re- out bathrooms in a hotel, if you are lies. I am not trying to be a martyr, tirement age for Social Security, and working as a carpenter or a laborer or but I think it is shameful a group of they will raise the eligibility age of sheet metal worker, if you are working people, in order to protect the highest Medicare. Let me tell you why that is as an auto worker, a steel worker or income taxpayers in this country— a bad thing. I was in Youngstown not nonunion in a tool-and-die or machine those making over $1 million a year— too long ago at a townhall meeting. A shop, you probably cannot work until continue to block an extension, a con- 63-year-old woman stood up and said— you are 70. Your body probably will not tinuation, if you will, of this tax cut 62, 63 years old. be able to function in the workplace, for working families. She said: I just need to stay healthy with the physical and mental demands In my State the average tax cut that and stay alive until I am 65 so I have now to work in the workplace until 70. we will vote for today, and continue health insurance. I need to be able to Yet people here think it is OK to do until it happens is about $100, $110, $120 stay alive for another couple of years that. per family per month. It is absolutely so I can get on Medicare and have The people here, I would add, can re- unconscionable not to do that. health insurance. tire if they have 20 or 25 years in the Senator DURBIN also talked about the Imagine living your life that way, House and Senate. They can retire at constitutional amendment to balance when you are thinking: I just have to 60 or 62 or whatever and get a full pen- the budget. I want to recount some- stay alive until I am 65. Then I will sion. That is why I have introduced thing I heard earlier today on the Sen- have good government Medicare health legislation—not opposed to their bal- ate floor. Two of my conservative col- insurance. So some people here say: anced budget amendment. I think it leagues—one from Kentucky, one from Well, tough luck. We are going to have has all kinds of mechanisms in it that Utah—spoke about the importance of a to raise the eligibility age of Medicare lock in low tax rates for the richest balanced budget amendment. I sup- to 66, 67, 68, whatever my very conserv- people in this country. I will not get ported a balance budget amendment in ative colleagues are proposing—from into that. Senator DURBIN talked about the past when I was in the House of Utah and Kentucky—raise the eligi- that. Representatives. In here I have actu- bility age for Medicare as if that is But I have introduced the legislation ally voted—it was part of an effort to going to make them better. that simply says if we raise the retire- get us to a balanced budget in reality When you think about it—I want 62- ment age to 70, then Members of Con- in the 1990s. When President Bush took year-olds—one reason we passed the gress cannot retire with a pension until office we had the largest budget sur- health care reform, I want 62-year-olds 70. Why should Members of Congress be plus. We balanced the budget and then to have health insurance. One, it is able to get a pension at 62 or 58 if they some. We had the largest budget sur- good for them. Second, it is way better served enough years, but a Social Secu- plus in American history. for the country, including taxpayers, rity beneficiary should not until a dec- I was part of that. I was proud of that they get health care before they ade or so later? that. We accomplished what we set out get sicker and sicker and end up in the So it is important, as we talk about to do. We accomplished what we said emergency room or end up with cob- balancing the budget, as we talk about we would, and we accomplished some- bled-together health care that is much our fiscal situation, not to make a thing very important for our country. more expensive, let alone what it does moral equivalence between the richest It was then in the first years of the last to this lady and her family. people, the richest 1 percent in this decade—in 2001, 2002, and 2003—that we Second, they proposed to raise the country paying their fair share in went to war, two wars, Afghanistan eligibility age for Social Security. taxes, making that a moral equiva- and Iraq, and we did not pay for them. Now, it is easy for people around here lence to Social Security and Medicare President Bush, in those days, pushed to dress like this who, for all intents beneficiaries having to endure signifi- through two tax cuts—one in 2001, one and purposes, talk for a living—work cant cuts. in 2003—that went overwhelmingly to hard at what we do but talk for a living Some people around here call Medi- the wealthiest Americans, without and work in offices and, you know, do care and Social Security entitlements. paying for it, without offsets, cuts, or not do heavy lifting and are not ex- They can be dismissive: We have to fix other taxes. Then President Bush also posed to the elements and all of that. entitlements. Well, talk to a 72-year-

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00019 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19204 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 old in Dayton or a 68-year-old in Zanes- The real debate is, should we elimi- get advantage in the next election? As ville or an 81-year-old woman in Xenia nate some of the waste, some of the our country drowns in debt, we con- or Springfield, OH, and they will tell stupidity, some of the duplication in tinue to further mortgage our chil- you oftentimes this is not really an en- the Federal Government and actually dren’s future, and we continue to treat titlement, this is an investment. They do that to be able to pay for this so the American people like children paid into Social Security. They paid that as we do this thing that we all rather than the adults they are. Every- into Medicare. They want to make sure want to do—in other words, keep this body knows we are all going to have to the government fulfills the covenant $1,000 to $2,000 per family in the econ- sacrifice. Does that mean we are going that we made over the last 75 years in omy now—that we do not do that by to abandon the social safety net? No, it the case of Social Security, 45 years in crippling the children of the very peo- doesn’t. Does that mean a 62-year-old the case of Medicare, the covenant that ple who are in the economy. who is trying to get on Social Security we made between our government and You know it is a zero-sum game. is not going to get there? No; they are. the citizens of this country. That is the Somebody is going to pay the bill Those are the tactics of fear that some- importance of that. We need to think sometime. If it is us who refuse to do thing will not be there. As a fiscal con- twice. the hard work of ferreting out waste, servative or a constitutional conserv- That is why my legislation was intro- duplication, fraud, then our service ative, I want us to fulfill our obligation duced, in part, that Congressmen and will have been in vain because what we to the promises we have made and to Congresswomen cannot receive a pen- are really doing is transferring to our our oath, which is to uphold the Con- sion before the same retirement age as children the responsibility for us stitution. Thomas Jefferson said you Social Security beneficiaries. We need today. Actually, it is going to come should never borrow money which you to think twice before we are going to doublefold because the way this bill is have not laid a tax to pay for. He is a tell a carpenter or a barber or a retail lined out is we are going to borrow the Founder—one of the Founders of our worker or a steel worker that we are money in the market to pay for this country. We would do well to go back going to raise the retirement age and continued decrease in Social Security and revisit the wise and prudent advice make them work until 70 so they can taxes. of our Founders. You don’t see that or receive Social Security benefits. We have already stolen $2.6 trillion hear that much anymore in the U.S. I yield the floor, and I suggest the ab- from Social Security, Congresses have Congress. sence of a quorum. the last 20 years. When we borrow that These are big problems our country The PRESIDING OFFICER. The money and put it back in, there is no is facing. I am 63—soon to be 64—years clerk will call the roll. reduction in what is owed, so our kids The bill clerk proceeded to call the old. We have never faced anything are actually going to get to pay for it roll. close to what we are facing today. How Mr. COBURN. Madam President, I twice. They are going to pay for it now we react and how we respond is going ask unanimous consent that the order with the new debt that we are taking, to make all the difference in the for the quorum call be rescinded. and the fact that new payment was not world—not only for our short-term fu- The PRESIDING OFFICER. Without recognized as a reduction, they are ture but also for our long-term future. objection, it is so ordered. going to get to pay it again. I hope the American people who are Mr. COBURN. I ask unanimous con- So it is going to cost our children a listening right now understand that we sent that I be allowed to speak as in quarter of a trillion dollars. There is a are going to do what is necessary to morning business. lack of honesty in talking plainly with help get the economic process of our The PRESIDING OFFICER. Without the American people. They know we country running again in a better and objection, it is so ordered. are in trouble. The question is, Will we viable way. I hope you will dismiss the MAKING TOUGH CHOICES be honest with them, treat them as partisan rhetoric and the class warfare Mr. COBURN. I am coming to the adults in terms of how we go about rhetoric that is all too commonplace floor now because we will not have an solving the problem? We hear the mess. today. If we will focus on what the opportunity to debate on the payroll The press takes advantage of that. problem is rather than the next elec- tax cuts because the vote is going to be There is not a lot of difference between tion, we will have a great deal more at 2:30 and that time is taken. the Senator from Ohio who just spoke, success in coming together and forging I think it is important for the Amer- in terms of what we want to do in solutions the American people can be ican public to look at what is hap- terms of protecting seniors. But the proud of and we will actually move our pening in Washington right now. There politics surrounding it and the game country ahead. is not a disagreement in Washington playing poorly serves our country. With that, I suggest the absence of a about whether we want people to con- So for all the press that is watching, quorum. tinue to receive this tax cut. The dis- we are going to get this done. I know it The PRESIDING OFFICER. The agreement is, should it come out of So- is the game Blood Sport that is hap- clerk will call the roll. cial Security? Should we continue to pening right now, with the press say- The legislative clerk proceeded to undermine Social Security or should ing: Will they or will they not? It is call the roll. we do it a different way? That is No. 1. going to happen. We are going to fix Mr. BEGICH. Madam President, I ask No. 2 is, if we are going to borrow unemployment so that we have a con- unanimous consent that the order for $117 billion against our children know- tinuation of that. The real question is, the quorum call be rescinded. ing that we have significant waste, Will we fix the real things that the The PRESIDING OFFICER. Without fraud, abuse, and duplication in the country needs fixed or are we just objection, it is so ordered. Federal Government of in excess of $350 going to kick the can down the road? CORDRAY NOMINATION billion a year, should we not eliminate What we are doing is kicking the can Mr. BEGICH. Madam President, first, some of that, pay for this rather than down the road because we won’t make I want to comment on the Cordray ap- borrow the money? the tough choices to pay for it. We pointment that was attempted a little So we have the posturing between won’t pay for the unemployment bene- bit ago, and then I want to bring up the two parties based on the election fits. The first 26 weeks is what is some more good news on the economic that is coming to create a predicate earned; that is what people contributed front. that some people only care for the rich to. We are up to 99 weeks, and that First, I was somewhat disappointed and some people only care for those comes directly from the American tax- in the vote of 54 to 45, garnering only 1 who are less fortunate, which is all payer—it actually comes from the fu- Republican from the other side—only smoke and mirrors. There is unanimity ture American taxpayer. 1—and on such an important agency that we want this to continue. So what Some real questions ought to be that ensures the protection of con- the American people are not hearing is asked. What is the game being played sumers in a variety of areas. It seems the real debate. in Washington by both sides—trying to illogical to me that we would not find

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00020 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19205 compromise in a vote to appoint some- Again.’’ Why is this important? Be- are doing, what the industry is doing, one to run an agency that this body, in cause this is a manufacturing base for who is investing, what are the new a 60-vote margin, approved to help pro- our country. It employs people not businesses, and what is happening out tect consumers, particularly consid- only in jobs in the automobile industry there. Here is this one: ‘‘U.S. Mortgage ering what has happened over the last but it trickles all the way through the Applications Jumped Last Week.’’ several years and the glaring problems economy of the country. It doesn’t This is the industry that fell apart in and challenges consumers have had to matter if they are at a port, for exam- the beginning of the great recession— endure with the financial institutions ple. the housing industry. A lot of people of this country as well as from other I remember meeting recently with say that was the main reason the econ- entrepreneurs, such as pawnshops and the folks from the Detroit Port Au- omy collapsed. It was a significant por- payroll check cashers. All of these in- thority talking about ships and the tion of it, no question about it. But let stitutions would have firm regulations movement of product from the auto- me read this. and provide the consumer an oppor- mobile industry across this country, The Mortgage Bankers Association said its tunity to respond, or those who get but also manufacturing and other ac- seasonally adjusted index of mortgage appli- abused by those programs. tivities throughout the country that cation activity, which includes both refi- I am a little disappointed. I wasn’t support the automobile industry. It is nancing and home purchase demand, spiked intending to come and speak on that moving forward. It is growing. 12.8 percent in the week December 2. The MBA’s seasonally adjusted index of refi- issue, but I wanted to have my voice on We took a dramatic step and got a nancing applications also jumped, gaining the floor that I was disappointed that lot of criticism for it. As a matter of 15.3 percent, while the gauge of loan requests an appointment could not happen, fact, no one wants to even mention the for home purchases rose 8.3 percent. which I believe is raw politics. It has words, because everyone is so nervous By loan requests, these are people nothing to do with the individual’s about it. Some call it an auto bailout. who are now saying, I want to think ability to make this agency run prop- And, yes, we did do that. That result is about buying a home. I want to pur- erly. They didn’t want to appoint him a healthy, strong, profitable industry chase today. I want to start examining because they didn’t like the agency— that is bringing jobs to America and what is out there. the 45 or so who didn’t vote for it. And creating jobs in America. As a matter Here is what the Mortgage Bankers I think it all boils down to one very of fact, there was an article in the Wall Association’s vice president of research simple thing: Consumers are now, once Street Journal not long ago talking and economics said. These are his again, left without someone running an about how we are importing jobs from words: agency that will help protect them Japan and China back to the United Applications increased significantly as against these people who prey on indi- States, to the automobile industry, be- mortgage rates dropped to their lowest levels viduals in the financial arena. cause it is successful. in about 2 months. THE ECONOMY And, oh, by the way, they are paying Actually, overall, it is the lowest Again, Madam President, I am some- back all those loans they got from the level in decades. But we now measure what disappointed, but let me get to Federal Government with interest. So things by an eighth of a point. So when the real reason I came to the floor. I the taxpayers are getting their money you are at 4.125 or 4.25, we are now came down yesterday and had a lot to back in full. The net result is, because measuring which is lower overall, but say about the economy and where we we helped at the right time, we have it is lower for the last several decades. are and the headlines that were re- ensured we are still a player in the Incredible. ported yesterday. And in less than 48 automobile industry not only in this Let me read another one. This is hours—27 hours—there are more good country but in the world market. So from Politico, but it is reporting on the news headlines. for those who want to continue to com- Bloomberg Global Poll—which they These are some of the headlines I plain and to demonize that action, the started doing in 2009 to sort of see talked about yesterday: ‘‘Jobless Rate net result is we are bringing jobs back where foreign investors will put their Dips to Lowest Level in More Than 2 to the United States in this industry. money. Where will they invest? Where Years.’’ New York Times. CNN: ‘‘Dow The Cash for Clunkers Program was will they take the dollars they have ac- Closes With the Largest Gain Since another piece of legislation that barely cumulated or will gather through in- March 2009.’’ ‘‘Private Sector Jobs passed. Again, many of us on this side vestors and shareholders and so forth? Soar. Payroll Forecasts Rise.’’ That is of the aisle took that lonely road be- Where are they going to put their Reuters. The Wall Street Journal: ‘‘On- cause we thought it was the right thing money? line Sales Reached Record $1.25 Billion to help move this economy forward. More than . . . 41 percent, said they expect on Cyber Monday.’’ Again, the net result is this industry is the U.S. will have one of the strongest per- On top of that, we had record sales profiting more in the last several forming economies in the world in the com- for Thanksgiving weekend—Black Fri- years. They are producing more jobs ing year—the highest percentage the country day they call it, and Small Business not only in their industry directly but has seen since the Bloomberg Global Poll Saturday. Again, an incredible impact indirectly. And the naysayers on the began in October 2009. for our economy. other side rarely bring this up any- Here is another one. Today, again What this tells me—even though we more, because in less than 3 years— MSNBC. ‘‘Jobless claims drop to 9- get a lot of criticism from the other really, less than 2 years—this industry month low.’’ side and others who complain maybe has turned itself around because of . . . jobless claims dropped 23,000 to ad- we are not doing our job and are frus- American ingenuity and with the help justed 381,000— trated that Washington isn’t working and support from the U.S. Government, That is actually below the magical as well as it could—and I agree there and that help and support is being paid threshold of 400,000, which people are a lot of areas where we are not able back with interest in the good old watch. The question is, Will it be con- to move forward, such as the appoint- American way. sistently under 400,000? We have re- ment I mentioned a few minutes ago— So from my perspective, once again, ceived more of these under 400,000 re- is there are good examples of policies this is a great story, and I commend cently than in the last 3 years. That is we have worked through over the last 3 Time magazine for talking about the a good signal that the economy is mov- years during this great recession. We future. ing. have fought kind of a lonely war to get Let me also talk about another one. I know some will say it is not these policies in place. This is from CNBC. I pulled this off be- enough. Well, when I came here, half a Once again, more good news, and let cause I like looking at all the business million people were losing their jobs me read off a couple. This week’s Time magazines and Web sites every morn- every single month. So we have now magazine has a whole article entitled ing. I glance through quickly to see had 21 consecutive months of job ‘‘How America Started Selling Cars what is happening, what the markets growth in the private sector. That is a

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00021 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19206 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 great statement for us as an economy, years—total State collections in- buying cars, paying taxes. We are say- this 21 consecutive months of job creased by $58 billion in that year, or ing to them: We want to make sure you growth. It is an indication our econ- 8.4 percent, from the previous year, the continue to receive the dollars in your omy is moving. strongest annual gain since 2005. pocket. Do we want it to move faster? Of What does that mean? That means In my State, that is $300 million— course we do. That is what America is local economies, State governments, just in my State, $300 million with the about. We want to see things happen are starting to recover. It is still a payroll tax deduction that they get to right now—today. But this has been rough road but starting to recover. keep for 400,000 Alaskans instead of the called a great recession. Yet we are Good signs. That means there is more IRS taking it. I don’t know about you, pulling ourselves out of it. It takes economic activity within their commu- but I think that is a good thing. time and it takes good policy. And, nities. It means businesses are replant- I know some will say: We have no yes, it takes some opportunity and ing and redesigning their opportunities proof this works. Well, I just gave taking a little risk, and we did some of in those communities. People are buy- proof. I will give proof every day if nec- that here. We made some decisions ing homes, as I mentioned, which essary. Yes, we can’t say this certain that were tough and were not nec- means they are paying property taxes, industry came back because of this one essarily very popular at times. which means those local governments little item. But I will tell you, if we I remember many of the calls I re- can hire police and fire and paramedics put $300 million in my State into the ceived on some of these issues. But and teachers. hands of 400,000, Alaskans, a little over what is the end result? That is what we Again, I could probably come here $1,000 per person, the net result is they have to measure by. Leadership is not every day and give this kind of good are going to spend that money in the about waiting for a poll to tell us what news. Because what we all hear—today, economy. They are going to buy that is right or wrong or waiting for some- the market is down. I forget what it car, that washing machine, or go on one to say, here is the right move be- is—70, 80 points, maybe 100 today—but that vacation. They are going to spend cause your constituency will vote for the headlines will be: market crashes that money in this economy. Yes, there you if you do this thing this way. It is or market dips significantly. is no fancy report that said this busi- about leadership. Sometimes the lead- Here is the reality. Since March of ness succeeded because we gave them ership role is tough. It means getting a 2009, the market is up, even with to- this special tax break—which we few trucks running over you a little day’s activity, 81 percent. That means shouldn’t do. We gave to the people of bit, leaving some tire tracks on your my son’s 529 account is better today this country an incredible opportunity back, but the end result is what we than it was 3 years ago. That is good to take their money and put it to work. look for. because that means my wife and I can Mr. President, 160 million families Today, where we are, we have job afford to make sure he can go to col- will benefit—160 million families will growth—not as significant as we want lege someday. But it also means retire- benefit by this action today. People but job growth. Where were we? Half a ment accounts have more resources in making $50,000 or less will put back million jobs a month disappearing. them today than they did 21⁄2 or 3 years about $1,000 into their pockets again— Let me cite another one. This is a big ago. It means public pension programs not in the IRS’s pocket but into the issue people are concerned about. As a and investment retirement programs consumers’ pockets that they will former mayor, managing a city, you that invest in these kinds of markets spend. are always looking at the revenues be- also are doing better. But, again, the Again, I will hear from the other side cause the revenues tell you how your headline will be that the sky is falling how bad it is, that there is no proof, local economy or, if it is State revenue, because that is what people like to do. that this may not work. It is working. how your State is doing. If you remem- They like to prey on fear rather than They can deny it all they want, but I ber, at the end of 2008, 2009, and begin- opportunity. will continue to lay all the facts down. ning of 2010, there was incredible con- I think a lot of us on this side be- It is not me producing this out of some cern about local governments col- lieved in the opportunity, in the future government document. It is mostly lapsing under the debt and deficit of this great country 3 years ago when some very conservative publications spending and unable to manage. we sat here and made some tough deci- reporting on the good news. As a matter of fact, the markets were sions over the first 18 months in my I hope the folks on the other side— concerned about municipal and State term. Tough decisions. But we believed and I know we picked up a Republican debt and what that might mean. Oddly in what was possible. We believed that from when we had this before. This is a enough—and I wish I had brought that this economy would turn around with a modified, compromised version that article—it hasn’t panned out as people little help from the people who live didn’t pass last week to say: OK, we are thought. Local governments, State here, work here, and see the future. trying to compromise. But we are governments are doing better than peo- We also knew we had to do a little keeping it simple and trying to do it in ple anticipated. It is still a tough road, bit. We had to do something extraor- a way that ensures that middle-class no question about it. We still have fire- dinary to create the opportunities for Americans, and Alaskans whom I rep- fighters, police officers, and teachers the future of this great country. As I resent, put more money in their pock- who have been laid off. We tried to pass mentioned, private sector jobs in- ets, people who are working every day, a bill here to help that out, but that creased, the automobile industry bet- making a difference in the economy— didn’t happen because too many on the ter than ever before, home sales doing not people who are just on the top end other side opposed it. better than they were 21⁄2 years ago, of the cycle. I know that is the great But for State and local governments, the market is up by 80 percent—all debate, and we differ and I differ with here is the latest State revenue report good news. But we don’t hear a lot of several people on the other side. by the Nelson A. Rockefeller Institute those as the front-page, above-the-fold, I do believe people who make $1 mil- of Government, University at Albany, big, bold headlines because they are lion or more should pay a little bit NY: ‘‘Overall Tax Revenues Show not sexy. They are not controversial. more. I don’t have any heartburn over Strong Growth in Second Quarter.’’ But that is what is happening. If a lot that. It is 235,000 people we are talking The article speaks to State tax reve- of us around here had more belief in about versus 160 million. That is who I nues growing by 10.8 percent in the sec- the potential, it would be incredible want to put my investment in because ond quarter of 2011. what could happen. I know those people, who are individ- As a matter of fact, the year ending Let me end on this note; that is, we uals, families, and a significant portion June 2011—which is the end of a lot of are in the middle of the debate on con- of small businesspeople who will con- fiscal years for State and local govern- tinuing tax relief for the folks who are tinue to build this economy. ments—the period corresponding to 46 working every day, the people I just As a matter of fact, the best growth States—almost all of the States’ fiscal talked about who are buying homes, period and growth pattern right now is

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00022 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19207 small business. They are the ones that hard-working Americans. I cannot ans if they think their children will are the backbone of this economy. allow this to happen. Americans de- have access to a better, brighter future Those are the ones that we need to serve solutions. than their own. For the first time in help. That is what this bill does. I hope The plan I have introduced to extend history, a majority of Americans and a we find the magical success. the payroll tax cut is a workable solu- majority of Nevadans believe their I wish we would have 50 majority tion that will provide relief for Ameri- children will have less opportunity. By votes like the rest of this world oper- cans responsibly. In fact, the solution I continuing down this path of partisan- ates under. For some reason, this place am proposing today borrows a cost-cut- ship, Congress is robbing the American has to have special rules and make it ting idea from the bipartisan Simpson- people of the dream for their children. complicated and hard for anything to Bowles Commission that can actually This needs to stop. get done. But maybe there will be some pass Congress and be signed into law. We in this body need to seriously people who join and want to support My proposal allows American tax- consider the high stakes of the polit- the American people and support giv- payers to hold on to more of their ical games that continue to unfold on ing them tax relief and making sure hard-earned wages while not punishing this Senate floor. American workers their lives are better, especially at this the Nation’s job creators as the major- need solutions and they need relief time of year with Christmas around ity proposes. Under my plan, American right now. Congress should come to- the corner. I would love to give them a taxpayers will not see a tax increase. gether today, put partisanship aside, good Christmas gift. I think all of us In fact, my plan prevents a tax in- and pass meaningful legislation that would. Let’s do it. Let’s do it today. crease on those already receiving a will benefit all Americans. Let’s do it for the American people. payroll tax credit. Today, Congress can Mr. President, I suggest the absence Let’s do it for my constituency in Alas- do the right thing by allowing employ- of a quorum. ka, for your constituency, Mr. Presi- ers to continue to invest in their busi- The PRESIDING OFFICER. The dent, and all the rest in this room. nesses so they can plan for the future clerk will call the roll. Mr. President, if there is one thing I and, of course, hire more workers. The assistant legislative clerk pro- look for, if it makes a difference for I understand that Democrats would ceeded to call the roll. Alaska, if it is about Alaska, I am prefer to pay for the payroll extension Mr. CASEY. Mr. President, I ask there. This is not only about Alaska, it by raising taxes on employers. But unanimous consent that the order for is about this country. It is about the treating tax dollars responsibly is ab- the quorum call be rescinded. middle class. Not only am I there, I am solutely necessary if we are going to The PRESIDING OFFICER. Without double there, and I hope we find oppor- see long-term economic growth in this objection, it is so ordered. tunity in this Chamber to do the right country. In this case, we can extend Mr. CASEY. Mr. President, I also ask thing. the payroll tax cut and still pay for it. unanimous consent to speak as in Mr. President, I ask unanimous con- I also understand that not all Repub- morning business. sent that any time spent during a licans support my plan. To be honest, I The PRESIDING OFFICER. Without quorum call between now and 2:30 p.m. disagree with some of my colleagues objection, it is so ordered. be equally divided. who claim a payroll tax holiday is not Mr. CASEY. Mr. President, I rise this The PRESIDING OFFICER (Mr. necessary. I believe that we should afternoon to speak about an issue we BLUMENTHAL). Without objection, it is allow more Americans to hold on to will be voting on today and we have so ordered. their hard-earned wages. For those who been discussing and debating now for a The Senator from Nevada. are already struggling to live within number of days. We are into our second Mr. HELLER. Mr. President, today their means, this payroll tax cut will week of debate about a cut in the pay- the Senate will consider my legislation continue some much needed relief. roll tax. Just by way of review—and so again to extend the temporary payroll Today, I am asking my Republican many Americans have been following tax cut. and Democratic colleagues to come to- this debate—here is where it basically This week, the Senate has been given gether and join me to help continue the stands between what we did last year another opportunity to do the right payroll tax holiday without raising and what we are trying to do this year. thing and provide much needed relief taxes on businesses in America. This Last year, as part of a larger tax bill, to the American worker. will help preserve long-term job growth we reduced the payroll tax for employ- It shouldn’t be news to anyone that in the future. ees across the country from 6.2 percent Americans are desperate for solutions. My proposal is a workable solution to 4.2. So that 2-percent reduction Millions of Americans are unemployed, containing provisions endorsed by both meant millions of American families underemployed, or have simply given the majority and my colleagues in the were able to have about $1,000 in their up looking for a job. House of Representatives. This is the pocket of take-home pay they wouldn’t In between looking for a job or high- only version of the payroll tax cut that have had otherwise absent that action er paying employment, Americans are has the potential to pass Congress and in the tax bill. What we are trying to busy trying to figure out how to handle to be signed into law. do this year—and I should start with high health care costs, looming bank- My proposal pays for the payroll tax what I tried to do last week, and we got ruptcy, and the threat of foreclosure. cut by reducing government spending 51 votes for this—is to say we should As a Senator from Nevada, I under- where it is no longer needed and re- not only continue or extend that cut in stand how difficult it is, perhaps more quires the richest Americans to pay the payroll tax but we should expand than any of my other colleagues. My higher premiums for Medicare. This it. So instead of saying it should go State has the unfortunate distinction will allow us to strengthen and pre- from 6.2 to 4.2, we take it down to 3.1. of leading the Nation in unemploy- serve Medicare for those Americans In essence, what we tried to do last ment, in bankruptcies, and in fore- who rely on the program the most. week was cut in half the payroll taxes closures. I hear from my constituents This is the same approach endorsed that relate to employees. We wanted to every day on these issues. Nevadans— by Democrats who say the richest add to that cutting in half the payroll Democrats, Independents, and Repub- Americans should do more. Americans tax for small businesses, and they licans—are looking to Congress for an- want solutions. They do not want more would benefit disproportionately. swers, and they are frustrated that partisan bickering. Thirdly, we wanted to add to that a tax they are not getting them. This week Congress has another op- credit so that if an employer hired or Even with the economic difficulty portunity to do the right thing to help increased wages for employees, if an Americans across the country are expe- hard-working Americans extend the employer expands their payroll in one riencing, Congress appears to be pre- payroll tax cut holiday. of several ways, they can get a tax pared to stage a partisan standoff rath- I make calls back to my home State credit equal to an elimination of the er than extending a payroll tax cut for every week. In those calls, I ask Nevad- payroll tax. So instead of the usual 6.2,

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00023 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19208 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 you would be down to zero. So the com- Pennsylvania 19,700 payroll jobs in the spite the expiration of the majority’s bination of those three would mean we calendar year 2012. For context, in the time. would be helping employees by cutting State of Pennsylvania last year, the The PRESIDING OFFICER. Is there their payroll tax in half, helping em- payroll tax job creation number—or objection? ployers by cutting their payroll con- payroll jobs added last year—was Without objection, it is so ordered. tribution in half, and then have this 54,500. So we created last year in a Mr. BLUMENTHAL. Thank you, Mr. third element as well for employers State such as Pennsylvania almost President. who actually hired people or added to 55,000 jobs. But if we don’t extend the Mr. President, I begin by thanking their wage base. payroll tax cut this year, we are talk- my colleagues, many of whom served in Unfortunately, in the Senate, being about losing as many as almost the last Congress. I thank them for ex- cause we needed 60 votes and got 51, we 20,000 jobs. This is a substantial factor tending the payroll tax cut at that knew at that point we couldn’t get in the discussion about our economy. It time, providing a payroll tax cut from enough support from the other side of would have a substantially adverse im- 6.2 percent to 4.2 percent. I thank them the aisle. So what I did, in working pact if we don’t keep the payroll tax on behalf of myself. I was not a Mem- with our leadership and working with cut in place. ber of this body at that time. I thank folks in the Senate, was to refashion As I said before, we should do more them on behalf of the American people. the legislation so that we made it than we did last year. We should cut it They are due that thanks and apprecia- smaller. We reduced the cost of the in half. It would give people across the tion for that vision and courage in extending that measure in cutting the overall proposal by some $80 billion. country peace of mind in two time pe- payroll tax so as to lessen the reces- We also concentrate on just the ele- riods: The next couple weeks when sion. We have only to listen to the vir- ment we worked on together last year, they are going out and shopping and tually unanimous opinion of econo- which was the employee side. enjoying the holidays. We want people Here is where we are in this debate to spend as much as they feel they can, mists to the effect that we saved the Nation, this body saved the Nation about cutting the employee payroll and if they know they are going to get from a deeper recession. taxes. It is down to this question: $1,000 to $1,500, they can spend more in Now I ask my colleagues to under- Should we cut it to 4.2, as we did last this upcoming holiday season. But it is especially important for 2012. Why take a similar mission, to accomplish year, or should we cut it further and the same goal, to once again save the reduce it in half? I believe we should, should taxpayers have to live with a tax increase because Washington just Nation from a deeper recession. The re- and I think most Americans believe covery of this Nation’s economy has that. didn’t get along and the same old political games were played in Washington been fragile and slow. Many econo- Here is what it means to folks out mists—notably, Mark Zandi, who has there. Instead of saying we will con- instead of saying let’s come together in a bipartisan way and extend and ex- been quoted by my distinguished col- tinue what we did last year—which league from Pennsylvania—say that a would be about $1,000 per worker, in es- pand the payroll tax cut from last year. failure to extend it will mean a new re- sence, per family, on average—if we cut cession. We are talking about average it in half, we can get that number up to We have lots to do in the next couple days and weeks. But maybe the most Americans, ordinary people who are $1,500. So it is not just putting money hurting and struggling. They are hurt- in people’s pockets and continuing to important thing we can do in the next few days is to make sure we cut the ing economically and struggling to find do that for another year, but it is more jobs. They are struggling to stay in money. It would go from roughly $1,000 payroll tax again. Because this is about whether we are going to give people their homes and keep their families to- to approximately $1,500. gether at a time of year when joy and That is where we are. Unfortunately, peace of mind as we head into a new year and whether we are going to put satisfaction ought to be the quality of we are not yet sure we can get the sup- their lives. They deserve this measure port we need to do that. more money in their pockets in order to jump-start the economy, to give the of peace of mind, as my colleague from Here is what it means to Americans. Pennsylvania, BOB CASEY, has referred It means more money in their pockets, economy the jolt we got at the end of last year. Last year, we came together to it. But all of us—the entire Nation— more take-home pay, but it also means deserve the economic security, which is that if we don’t, at a minimum, extend and passed a tax bill and we had average job growth from February, March, a matter of national security. the payroll tax cut from last year— and April 2011—those 3 months—aver- Rescuing this country from con- here is what it means on two issues: age private sector job growth of just tinuing debt and deficit means return- GDP—gross domestic product—and about 240,000 jobs. We need another 3- ing to full employment. Twenty-five jobs. According to Mark Zandi of month period similar to that. In fact, percent of our deficit can be eliminated Moody’s—someone we have quoted we need another 6 or 7 or 8 months by going back to lower rates of unem- often on both sides of the aisle and re- similar to that. But the only way to ployment. lied on his expertise—not extending the Economic recovery is a means to get there is to put in place this payroll payroll tax at least to the 4.2 level countering and curtailing what the tax cut. would reduce 2012 growth of real GDP I hope when we vote later today, we former Chairman of the Joint Chiefs of in a State such as Pennsylvania, by will get at least 60 votes for this effort Staff called a national crisis and a se- way of example, by 0.52 percentage to make sure we are giving Americans curity threat. Economic recovery depends on con- points. That means we are talking peace of mind and more money in their sumer demand. As I go around the about gross domestic product or gross pockets. State product, in a sense, in a State With that, I yield the floor and note State of Connecticut, businesspeople such as Pennsylvania, cutting it in half the absence of a quorum. tell me what they need most is con- instead of allowing it to grow. So this The PRESIDING OFFICER. The sumer demand. Their confidence and has a real adverse consequence for clerk will call the roll. certainty about the future of the econ- Pennsylvania and for the country if we The bill clerk proceeded to call the omy, their willingness to invest, de- don’t do what we did last year. roll. pends on consumer demand. That kind Of course, if we did more than we did Mr. BLUMENTHAL. Mr. President, I of factor, that need is what ought to last year, as I think we should and I ask unanimous consent that the order motivate all of my colleagues—every think most people do, we could not for the quorum call be rescinded. Member of this body—to vote for this only not fall behind, but we could move The PRESIDING OFFICER (Mr. measure, not only extending that pay- forward dramatically. SANDERS). Without objection, it is so roll tax cut but also reducing it by 3.1 Here is another way to look at it: ordered. percent. Jobs. According to Mark Zandi, not ex- Mr. BLUMENTHAL. Mr. President, I We are talking about anywhere from tending the payroll tax cut will cost ask unanimous consent to speak de- $1,400 to $1,500 or more in the pockets

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00024 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19209 of people around the country, people Sachs; or 1 percent, RBC Capital Mar- There is a sufficient second. around the State of Connecticut. The kets; or 1.5 percent, Michael Pond. The clerk will call the roll. average middle-class family in Con- Whatever the specific percentage, we The bill clerk called the roll. necticut earns $83,797 per year and know it will be grave and serious in the Mr. DURBIN. I announce that the would save $1,676 in taxes under the damage to our economy if we fail to ex- Senator from Massachusetts (Mr. current payroll tax cut. Let me give tend and enlarge the tax cut. KERRY) and the Senator from Wis- you those numbers again. The average So I urge my colleagues to heed the consin (Mr. KOHL) are necessarily ab- middle-class family in Connecticut voices they are hearing back home, as sent. earns $83,797 per year—back in their I am hearing from ordinary citizens, The PRESIDING OFFICER (Mrs. pockets $1,676 in taxes under the cur- middle-class families. MCCASKILL). Are there any other Sen- rent payroll tax cut as proposed in this We are talking about a middle-class ators in the Chamber desiring to vote? measure. family measure that will benefit people The result was announced—yeas 50, We are talking here about a com- like Marilyn in Bloomfield, who writes nays 48, as follows: promise. Our side of the aisle has modi- to me: [Rollcall Vote No. 224 Leg.] fied this bill to make it about one-third I believe these cuts need to remain in ef- YEAS—50 smaller in size and cost. This legisla- fect in order to avoid deepening the recession Akaka Franken Nelson (NE) tion will no longer give employers a we are in. I urge you to support the Presi- Baucus Gillibrand Nelson (FL) dent’s jobs plan and pass as much of it as you Begich Hagan Pryor tax break. We have pulled back on the Bennet Harkin magnitude of this measure. But it will can in upcoming legislative sessions, for the Reed benefit of struggling families. Bingaman Inouye Reid still affect 160 million workers who will Blumenthal Johnson (SD) Rockefeller receive nearly $1,500 in additional take- She writes and she says ‘‘to urge you Boxer Klobuchar Schumer to vote in favor of extending the pay- Brown (OH) Landrieu Shaheen home pay. Cantwell Lautenberg Stabenow This bill will be paid for by measures roll tax cut for workers beyond Dec 31. Cardin Leahy Tester ... ’’ Carper Levin that were coming from the deficit re- Udall (CO) Listen to people like Ginny. They are Casey Lieberman duction proposals contained in a num- Udall (NM) in every one of our States. Ginny, who Collins McCaskill ber of the supercommittee’s ideas. It is Conrad Menendez Warner paid for by fees charged by Fannie Mae is from Southport, CT, writes: Coons Merkley Webb and Freddie and by a proposal sug- I know you will do the right thing when Durbin Mikulski Whitehouse Wyden gested by my colleague, the Republican the payroll tax cut and increasing the taxes Feinstein Murray leader. The cost-saving reform sug- of only the 2nd million and above of wealthy NAYS—48 Americans comes up for a vote. I have faith Alexander Graham McConnell gested by him would make millionaires in you. ineligible for unemployment compensa- Ayotte Grassley Moran With the economy still struggling to re- Barrasso Hatch Murkowski tion and food stamps. cover and millions of Americans struggling Blunt Heller Paul This legislation also levies a sur- to put food on the table this holiday season, Boozman Hoeven Portman charge, a temporary 10-year surcharge, we cannot afford to raise taxes on working Brown (MA) Hutchison Risch on the highest earners in American so- Americans. Burr Inhofe Roberts Chambliss Isakson Rubio ciety, who can well afford it when their Those voices from middle-class fami- Coats Johanns Sanders own interests would be extraordinarily lies are reaching this body every day. Coburn Johnson (WI) Sessions well served by the consumer demand We have heard them before. This body Cochran Kirk Shelby Corker Kyl Snowe and economic recovery that would be heeded them last year in enacting this Cornyn Lee Thune generated. tax cut. I thank every Member who Crapo Lugar Toomey I know many of my colleagues, in- voted for it. It was a bipartisan vote. I DeMint Manchin Vitter cluding the Presiding Officer, are con- hope this one will be as well. I will be Enzi McCain Wicker cerned about the effect on Social Secu- proud to join Members from both sides NOT VOTING—2 rity, and so am I. The Social Security of the aisle, and I hope this measure Kerry Kohl trust fund is a trust, a sacred trust will have support—overwhelming sup- The PRESIDING OFFICER. On this that we are honor bound to protect. port—from both sides of the aisle in vote, the yeas are 50, the nays are 48. And I would not vote for this measure showing the American people we can Under the previous order requiring 60 if I thought it created a threat, a real come together, bridge our differences, votes for the adoption of this motion, threat, to the viability of that fund. and compromise. the motion is rejected. But I believe the assurance we have re- This measure reflects a compromise The Republican leader. ceived from the chief actuary of that on both sides. I hope it will be passed f fund—and it is contained in a letter to later in the day. Secretary Geithner and to Jacob Lew, I yield the floor and suggest the ab- TEMPORARY TAX HOLIDAY AND it was printed in the CONGRESSIONAL sence of a quorum. GOVERNMENT REDUCTION ACT— RECORD yesterday by Senator CASEY, The PRESIDING OFFICER. The MOTION TO PROCEED and it assures that the effect would be clerk will call the roll. Mr. MCCONNELL. Madam President, negligible. In fact, it says the trust The bill clerk proceeded to call the I move to proceed to S. 1931. funds would be ‘‘unaffected.’’ It uses roll. The PRESIDING OFFICER. Under that word, and I will quote directly Mr. WHITEHOUSE. Mr. President, I the previous order, the motion is now from the letter. ask unanimous consent that the order pending. We estimate that the projected level of the for the quorum call be rescinded. The majority leader. OASI and DI Trust Funds would be unaf- The PRESIDING OFFICER. Without Mr. REID. Madam President, this fected by enactment of this provision. objection, it is so ordered. will be the last vote of this week. We That letter comes from the chief ac- Mr. WHITEHOUSE. I thank the will have a couple of votes on Monday tuary of the trust fund, and I am pre- Chair. night. I will announce later as much of pared to rely on that assurance and to The PRESIDING OFFICER. Under the schedule as I am able to do. Right say that I believe this kind of measure the previous order, the question occurs now, I can’t do that, but I will before is the responsible thing to do at this on agreeing to the motion to proceed the day is out. point in our economic history to make to S. 1944, which is subject to a 60-af- The PRESIDING OFFICER. Under sure our recovery is continuing. firmative-vote threshold. the previous order, there will be 2 min- The effects of failing to do so: The Mr. WHITEHOUSE. Mr. President, I utes of debate equally divided. economists differ whether the rate of ask for the yeas and nays. The Senator from Pennsylvania. growth will suffer by .5 percent, which The PRESIDING OFFICER. Is there a Mr. CASEY. Madam President, what is Mark Zandi; or .66 percent, Goldman sufficient second? is about to happen is we are going to be

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00025 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19210 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 taking a vote on a measure that got 20 NOT VOTING—2 physical exams as part of their preven- votes last week—this same vote. I Kerry Kohl tive medicine. Because of the doughnut don’t know what the vote will be The PRESIDING OFFICER. On this hole, which is that complicated black today, obviously, but this is an exer- vote, the yeas are 22 and the nays are hole senior citizens would fall into cise in futility to vote on this again. 76. Under the previous order requiring when they were getting assistance for What we should do is cut the payroll 60 votes for the adoption of this mo- their prescription drugs, well, lo and tax in half for American workers. That tion, the motion is rejected. behold, that doughnut hole is being is what we have been trying to do. I filled by the Federal Government as- VOTE EXPLANATION hope we can continue to work together, sisting them in paying for those drugs. ∑ Mr. KERRY. Mr. President, I was but we should move beyond this meas- Therefore, they are getting a lot more necessarily absent for the votes on the ure that got 20 votes last week and cut of their drugs without having to pay motion to proceed to the Casey Middle the payroll tax in half for 160 million for them. Class Tax Cut Act of 2011, S. 1944, and American workers. We should do that the motion to proceed to the Tem- For example, Nationwide has over 2.5 and give people the peace of mind and porary Tax Holiday and Government million people on Medicare who have dollars in their pockets they would not Reduction Act, S. 1931. If I were able to saved more than $1.5 billion on their have otherwise. attend today’s session, I would have prescriptions. If we boil that down to I urge a ‘‘no’’ vote on this motion, supported the motion to proceed to the my State of Florida, we have 172,000 and I hope we can continue to work to- Casey Middle Class Tax Cut Act of 2011, Medicare recipients who save $96 mil- gether to support the American work- S. 1944, and opposed the motion to pro- lion, which is an average for the senior er. ceed to the Temporary Tax Holiday citizen in Florida of $563 per person per The PRESIDING OFFICER. Who and Government Reduction Act, S. year. yields time? 1931.∑ In the case of physical exams, we Time is yielded back. The PRESIDING OFFICER. The ma- have over 24 million people in the Under the previous order, the ques- jority leader is recognized. country who now have taken advan- tion is on agreeing to the motion to tage of having one of these free phys- proceed to S. 1931, which is subject to a f ical exams in order to help with the 60-affirmative-vote threshold. MORNING BUSINESS preventive health care aspects that the Mr. CORKER. I ask for the yeas and bill was aimed at. In my State, where nays. Mr. REID. Madam President, I ask there are a lot of senior citizens, close The PRESIDING OFFICER. Is there a unanimous consent we proceed now to to 2 million senior citizens have taken sufficient second? There appears to be a period for morning business, with advantage of those physical exams. a sufficient second. Senators allowed to speak for up to 10 The clerk will call the roll. minutes each until 6 o’clock this Remember how we were discussing The legislative clerk called the roll. evening. the doom and gloom of Medicare Ad- Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without vantage? What has happened to Medi- Senator from Massachusetts (Mr. objection, it is so ordered. The Senator care Advantage? We had to change it from Vermont. KERRY) and the Senator from Wis- because Medicare Advantage before, (The remarks of Mr. SANDERS per- consin (Mr. KOHL) are necessarily ab- under the previous law, had a 14-per- sent. taining to the introduction of S.J. Res. cent bump over and above Medicare The PRESIDING OFFICER. Are there 33 are located in today’s RECORD under fee-for-service. The Federal Govern- any other Senators in the Chamber de- ‘‘Statements on Introduced Bills and ment was going to go broke if we did siring to vote? Joint Resolutions.’’) not do something about that. Where The result was announced—yeas 22, The PRESIDING OFFICER. The Sen- was that money going? It was going to nays 76, as follows: ator from Florida. the insurance company because Medi- [Rollcall Vote No. 225 Leg.] f care Advantage is a fancy term for Medicare given through an insurance YEAS—22 MEDICARE company and HMO. Ayotte Heller Portman Mr. NELSON of Florida. I wish to Barrasso Hoeven Risch What has happened? If we look all Brown (MA) Hutchison Rubio thank the Senator from Tennessee for across the country at Medicare Advan- Cochran Lugar Snowe his graciousness to make a very few tage, enrollments are up and the pre- Collins McCain Vitter brief remarks. miums senior citizens pay are down. Crapo McConnell Wicker Enzi Murkowski I wish to call to the attention of the Look at the State of Florida in this Grassley Paul Senate that there are some good things last year. Enrollment was up by 6 per- that are happening in Medicare. In the NAYS—76 cent, premiums decreased by about 10 health care bill—which was a very percent. What is happening now in Akaka Franken Moran complicated piece of legislation—there Alexander Gillibrand Murray 2012? Enrollments are up almost 20 per- Baucus Graham Nelson (NE) are a lot of good things. There were cent and the premiums are going down Begich Hagan Nelson (FL) some things that are implemented over by a whopping 26 percent. That means Bennet Harkin Pryor time, that if mistakes had been made, Bingaman Hatch more seniors are going to have access Reed we can correct those mistakes as they Blumenthal Inhofe Reid to higher quality care while paying Blunt Inouye Roberts are starting to be implemented. less, and it is a win-win-win. It is clear- Boozman Isakson Rockefeller I wish to point out some of the salu- Boxer Johanns ly a win for the country that we are Sanders Brown (OH) Johnson (SD) tary things that are happening under leveling out all of the excess bumps. It Burr Johnson (WI) Schumer the new health care reform bill with re- is clearly a win to the senior citizen Cantwell Kirk Sessions gard to Medicaid. It was just this week Shaheen and, in the process, the insurance com- Cardin Klobuchar that the agency that runs Medicare, Carper Kyl Shelby panies are giving better quality care. the Centers for Medicare and Medicaid Casey Landrieu Stabenow I wanted to bring this to the atten- Chambliss Lautenberg Tester Services, CMS, announced that more tion of the Senate, and I do thank my Coats Leahy Thune seniors and people with disabilities on Coburn Lee Toomey colleague from Tennessee for his gen- Medicare are seeing significantly lower Conrad Levin Udall (CO) erosity in allowing me to make these costs for important health care because Coons Lieberman Udall (NM) comments prior to his. Corker Manchin Warner of this new law. Cornyn McCaskill Webb For example, what we are seeing for I yield the floor. DeMint Menendez Whitehouse the first time is that millions of Amer- The PRESIDING OFFICER. The Sen- Durbin Merkley Wyden Feinstein Mikulski icans on Medicare are now getting free ator from Tennessee.

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00026 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19211 MARKETPLACE FAIRNESS ACT merce. But at the same time, the Su- e-commerce has grown, and there is simply Mr. ALEXANDER. Madam President, preme Court invited the Congress to fix no longer a compelling reason for government to continue giving online retailers spe- we hear a lot about tax breaks and tax the problem. By fixing the problem, that means the Congress could act in cial treatment over small businesses who re- loopholes around the Senate. I wish to side on the Main Streets across Mississippi talk about a tax loophole, a big one, order to create a fair way for States to and the country. require retailers that are out-of-State that is on its way out. It is a $23 billion Governor Barbour continues: tax loophole. It is not a loophole in the to collect the same sales tax retailers The time to level the playing field is now, tax code of Washington, DC. It is a on Main Street collect. Over that 20 years, the online sales as there are no effective barriers to com- loophole in virtually every State in the plying with state sales tax laws. country. It is a loophole that prefers tax loophole got to be a big loophole. It Here is what Governor Barbour is some taxpayers over other taxpayers. subsidizes some businesses at the ex- saying: Twenty years ago we didn’t It subsidizes some businesses over pense of others and, as I said earlier, have the kind of software and informa- other businesses. Because of that loop- prefers some taxpayers at the expense tion we do today. If I want to know hole, it causes tax rates in States to be of others. what the weather is in Maryville, TN, higher, and it causes States to have Last week, the Hudson Institute, a where I live, I put in ‘‘weather’’ and my less money to fund the universities or generally conservative organization, released a new report that explains ZIP Code, 37886. Under this new bill and the State parks or the schools or the how the subsidizing of out-of-State under the technology that exists today, other expenses that are legitimate in sellers works and how the Federal Gov- States will be required to give out-of- the operation of a State. I say it is a tax loophole that is on its ernment—those of us in Washington— State retailers or online retailers the way out because after 10 years, Senator are keeping States from closing this software that will permit them to do loophole. Hudson concludes that this ENZI of Wyoming and Senator DURBIN the same thing. If I order a pair of cow- of Illinois have produced a piece of leg- online sales tax loophole is distorting boy boots, they can put in my name, islation that is rare in Washington, DC. the marketplace, and I urge my col- the cost of the boots, and the ZIP Code, leagues to take a serious look at the It is only 10 pages long. It is very sim- and the software will compute the tax Hudson Institute report. ple. It is a States rights piece of legis- and even find a way to send it on to the Governors and legislators are up in State. It will be just as easy, or maybe lation that gives each State the right arms because they are being deprived to decide for itself how to collect its even easier, for the out-of-State retail- of the right to enforce their own sales ers to collect the sales tax that is owed State sales tax from everybody who tax law. This is a little different loop- owes it, whether that person buys a as it will be for a cowboy boots store hole—actually, a little worse one. Usu- selling it out of the front door in Nash- pair of cowboy boots in Nashville or ally, loopholes are written into the whether that person buys a pair of cow- ville. law. Those are the kind we are trying The National Governors Association boy boots online. to change in our tax reform proposals Senator ENZI and Senator DURBIN in- sent a letter last week saying that the in Washington. This is a tax that is al- troduced the Marketplace Fairness Act Enzi-Durbin bill represents a common- ready owed. This is a tax that is al- 4 weeks ago. It has five Republican sense approach that will allow States ready owed that Governors and legisla- sponsors and five Democratic sponsors. to collect taxes they are owed, help tors want to collect. It is used to pay I am one of those sponsors. This is the businesses comply with different State for the things States need to pay for or bill that solves the problem of the on- tax laws, and provide fair competition reduce a tax. In the State of Tennessee, line sales tax loophole, the one I de- between retailers that will benefit con- which has a very high sales tax, if the scribed a little earlier. I mentioned sumers. State was allowed to collect sales tax cowboy boots. Let me describe what I Last week, the Judiciary Committee from out-of-State retailers the same am talking about in practical terms. in the House of Representatives held an way it does from Main Street retailers, I called the owner of the Nashville oversight hearing to discuss all three then we might postpone the day of a Boot Company a couple weeks ago. His bills that have been introduced to ad- State income tax, which are probably name is Frank Harwell. He sold boots dress this issue and there was a lot of three of the most hated words in the online, and he sells them to people who good discussion. I wish to share a few tax vocabulary in Tennessee. walk into his store in west Nashville. things that were said and I hope we can I said, when Senator ENZI and Sen- When he started the company, almost have a similar hearing in the Senate ator DURBIN introduced their bill, that all of his boots were sold online. Here soon. I believed they had solved the problem is what he says is happening to him MIKE PENCE of Indiana, one of the and that if I were an out-of-State re- today: People come into the store in leading conservatives in Congress and a tailer or an online retailer, I would Nashville and they try on cowboy fellow who knows a tax when he sees begin to make plans to collect sales tax boots. They find a pair they like and one, said: the same way Main Street collectors then they go home and buy the cowboy I don’t think Congress should be in the collect it today, and many have. For boots online in order to save the State business of picking winners and losers. Inac- example, Amazon—which had opposed sales tax. tion by Congress today results in a system for a long time this kind of legislation They owe the sales tax. Many people that does pick winners and losers. because, in their view, it was too com- don’t know they owe it. They owe the Congressman PENCE also talked plicated for them to figure out what sales tax as much as if they had bought about something I want to make sure the tax might be—changed their mind, the boots at the cowboy boot store in my colleagues understand. The Enzi- and said the Enzi-Durbin bill is a good Nashville. They don’t pay it. Why is Durbin bill is not talking about taxing bill and Amazon now supports it. That that? Under the State law, when Frank the Internet. It is not talking about is not all. Mississippi Gov. Haley Harwell sells a pair of cowboy boots in creating a new tax. As far as the Inter- Barbour, a strong conservative Repub- his store in Nashville, he collects the net access tax goes, the Senate debated lican Governor and former chairman of sales tax and sends it to the State. that a few years ago. I was in the mid- But under the law, the Supreme the Republican Governors Association, dle of that debate and I was in the mid- Court said 20 years ago, the State of wrote a letter on November 29 which I dle of the solution that imposed a mor- Tennessee or the State of Missouri or wish to quote: atorium on the Internet access tax. the State of Washington could not re- In the early days of the Internet, the com- That law is still there. We are not talk- quire an out-of-State seller to collect plexities of collecting State sales taxes ing about an Internet access tax. Nei- across thousands of State and local sales tax the same sales tax. They had a reason jurisdictions were major obstacles. The tech- ther are we talking about a new tax. for doing so, and it was a good reason. nology simply didn’t exist to expect startups We are talking about the plain old They said it was so complicated to do to comply with the various tax compliance State sales tax that already exists. It that it put a burden on interstate com- rules in every part of the country. But today, is very hard to imagine how anyone

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00027 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19212 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 can say collecting a tax that is already some businesses over others. I am glad ture, but to the Organizations who have long owed is a new tax. others are starting to share this view, benefited from their charitable involvement. Governor Barbour and Congressman and as more Senators learn about the States should not be deprived of their right PENCE are correct; 20 years ago the Marketplace Fairness Act and look at to establish and collect taxes as they see fit. technology didn’t exist. Today it does. the options it gives each State, I hope I’ve stood for lower taxes and smaller gov- About the only ones complaining are and I believe we will have more cospon- ernment my entire career in public life, but the taxpayers and businesses that sors. I’ve also stood for the authority of states to enjoy being subsidized by other tax- Ten years ago the bills introduced devise their own tax laws without being payers and other businesses, and that, weren’t adequate to solve the problem. overridden by the federal government for no in our opinion, is not correct tax pol- Fortunately, today, Senator ENZI and existing purpose. icy. Senator DURBIN have solved the prob- Finally, government shouldn’t be picking As Republicans, I believe our party lem. I agree, Democratic Senators winners and losers. In this area, at least, the should oppose government policies that agree, the chairman of the American Marketplace Fairness Act will end that prac- prefer some taxpayers over others or Conservative Union agrees, a former tice, and that’s something conservatives some businesses over others. As Repub- chairman of the Republican Governors should be proud to support. licans, I believe we should support Association agrees, Congressman MIKE I again applaud you for addressing this im- States rights, and our bill does that by PENCE agrees: It is a matter of market- portant issue and I look forward to working giving the State the right to make the place fairness. with you to end the special treatment for on- decision about how to collect its own I ask unanimous consent to have line retailers and give everyone the opportunity to compete fairly. printed in the RECORD the letter to taxes: Do you want to collect taxes Sincerely, which I referred from Mississippi Gov- from everybody who owes the tax, or HALEY BARBOUR, do you not want to? Do you want to ernor Barbour, a letter from the Na- Governor. prefer some out-of-State businesses tional Governors Association, and the National Journal article published last over in-State businesses, or do you not NATIONAL GOVERNORS ASSOCIATION, want to? Do you want to collect the week regarding the House Judiciary Washington, DC, November 28, 2011. tax, reduce tax rates, or spend the Committee hearing on this subject. Hon. RICHARD DURBIN, money on services? That is up to the There being no objection, the mate- U.S. Senate, Washington, DC. States. rial was ordered to be printed in the Hon. TIM JOHNSON, These sentiments are also shared by RECORD, as follows: U.S. Senate, Washington, DC. the late William F. Buckley and Al STATE OF MISSISSIPPI, Hon. MICHAEL ENZI, Cardenas, chairman of the American OFFICE OF THE GOVERNOR, U.S. Senate, Washington, DC. Jackson, MS, November 29, 2011. Hon. LAMAR ALEXANDER, Conservative Union. Ten years ago Wil- U.S. Senate, Washington, DC. liam Buckley, who many people see as Hon. MIKE ENZI, U.S. Senate, Russell Senate Office Building, DEAR SENATOR DURBIN, SENATOR ENZI, SEN- the father of the modern conservative Washington, DC. movement, wrote in the National Re- ATOR JOHNSON AND SENATOR ALEXANDER: The Hon. LAMAR ALEXANDER, National Governors Association applauds view: Senate, Dirksen Senate Office Building, Wash- your efforts to level the playing field be- The mattress maker in Connecticut is will- ington, DC. tween Main Street retailers and online selling to compete with the company in Massa- DEAR SENATOR ENZI AND SENATOR ALEX- ers by introducing S. 1832, the ‘‘Marketplace chusetts, but doesn’t like it if out-of-State ANDER: I am writing to congratulate you on Fairness Act.’’ businesses are, in practical terms, sub- the introduction of the Marketplace Fairness sidized; that’s what the non-tax amounts to. Act and offer my support for its timely pas- As you know, years ago the Supreme Court Local concerns are complaining about traffic sage. opinion in Quill Corp. v. North Dakota stat- in mattresses and books and records and Fifteen years ago, when e-commerce was ed that Congress has the authority to require computer equipment which, ordered through still a nascent industry, it made sense to ex- out-of-state sellers to collect sales taxes. At the Internet come in, so to speak, duty free. empt startups like Amazon.com from col- present, states are unable to collect more That is William F. Buckley. lecting and remitting sales taxes in states than $22 billion in sales taxes annually from Then Al Cardenas, the chairman of where they had no facilities. As chairman of remote sales made through catalogues or the Republican Party, I was there when dis- the American Conservative Union, a over the Internet. This also creates a price cussions surrounding the Internet commerce disparity between goods bought from the distinguished man from Florida, and tax moratorium took place, and this was corner store and those bought online, effec- the head of an outfit that is arguably only to last until e-commerce had truly tively giving a continuing and growing sub- as strong and influential as any con- taken root. I supported this effort then, be- sidy to Internet sales. servative organization in Washington, cause I believed this budding industry needed Since the Quill ruling, at least two facts said in his recent essay: every opportunity to thrive and grow. Look- ing back, I think it’s clear we made the right have changed: (1) the proliferation of com- There is no more glaring example of mis- puters to calculate taxes due on sales—just guided government power than when taxes or call as America is home to the largest and most dynamic e-commerce companies in the as shipping costs are determined based on regulations affect two similar businesses Zip Code—and (2) a state agreement on completely differently. world. In the early days of the Internet, the com- streamlining and simplifying sales taxes so As I have said many times before, I plexities of collecting sales taxes across that it is easier to collect and remit sales believe the Enzi-Durbin legislation thousands of state and local tax jurisdictions taxes wherever a company does business. solves the problem. I believe it is going were major obstacles. The technology simply The Marketplace Fairness Act recognizes to happen. I hope that out-of-State didn’t exist to expect startups to comply these changes and uses them to grant au- sellers and online sellers will move with the various tax compliance rules in thority to states that simplify their tax sys- ahead to work with States to make every part of the country. But today, e-com- tems to make it easier to do business. This voluntary agreements as, for example, merce has grown, and there is simply no common sense approach will allow states to longer a compelling reason for government Amazon has in Tennessee, and begin to collect the taxes they are owed, help busi- to continue giving online retailers special nesses comply with different state laws, and allow States to enforce their tax policy treatment over small businesses who reside properly. provide fair competition between retailers on the Main Streets across Mississippi and that will benefit consumers. Our bill is a remarkable feat in Wash- the country. The time to level the playing ington, DC. I have mentioned it before field is now, as there are no effective barriers NGA looks forward to working with you as and I wish to emphasize it again. It is to complying with states’ tax laws. you work to enact the Marketplace Fairness only 10 pages long. It is only about al- As Governor of Mississippi, I value the im- Act and create a more level playing field for lowing States to make a decision about portant role that our Main Street retailers all sellers and consumers. play in our communities. Failure to level the Sincerely, whether they want to close a tax loop- playing field threatens to, and in fact has, GOVERNOR BILL HASLAM, hole. It is about stopping the subsidiza- run many of them out of business, taking Tennessee. tion of some taxpayers over others. It with them jobs and the sizable contribution GOVERNOR CHRISTINE O. GREGOIRE, is about stopping the subsidization of they make to not just our community cul- Washington.

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00028 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.000 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19213 [From the National Journal Daily, Nov. 30, try, have good moral character, grad- those who are eligible for the DREAM 2011] uate from high school, and complete 2 Act. STATES TELL CONGRESS ONLINE TAX years of college or military service in During hearings this summer on the LOOPHOLE COSTLY good standing. Those are the basic DREAM Act, Homeland Security Sec- (By Juliana Gruenwald) standards we apply. retary Janet Napolitano told me and State officials and some retailers urged I think if we enacted the DREAM my subcommittee that the Department Congress on Wednesday to finally close a Act, as I have tried to for many years, of Homeland Security would establish loophole that they say benefits online retail- it would make America a stronger a process to implement the Morton ers by allowing them to avoid collecting country, giving these talented young memo. Under this new process, high- sales taxes from out-of-state customers. immigrants a chance to serve in our priority cases will be expedited, and The issue the House Judiciary Committee military and make us a stronger na- low-priority cases will be closed in examined relates to a 1992 Supreme Court de- many instances. cision in Quill v. North Dakota that found tion. Tens of thousands of highly quali- catalog and other retailers do not have to fied, well-educated young people would Recently, the Department of Home- collect sales taxes from customers in states enlist in the Armed Forces if the land Security announced the next step where they do not have a physical store or DREAM Act becomes law. We have the in the process. Immigration and Cus- other facility. Since then, online retailers support of the Department of Defense toms Enforcement officers and attor- have exploited the loophole to the tune of and the President. They understand neys will receive comprehensive train- billions in lost tax revenue, according to that these young people could make us ing on the new deportation policy. By state officials. January, all ICE officers and attorneys ‘‘It is estimated that currently in the state a stronger and safer nation by serving in our military. And they are willing. will have the training they need. ICE of Texas between $600 million and $800 mil- attorneys will review all new deporta- lion is not collected on out-of-state sales. Many of them are willing to risk their . . . That points out to me the unfair com- lives for this country. tion cases to identify low-priority petition that my storefronts are competing Studies have also found that these cases that should not be placed in the against,’’ Texas state Rep. John Otto, a Re- DREAM Act participants could lit- immigration court. publican, told the committee. erally build our economy in years to A review of the cases currently in im- Even some tax-averse lawmakers such as come with their talent. migration court is also underway. De- Rep. Mike Pence, R–Ind., said congressional Remember, these students we are partment of Homeland Security attor- action is warranted. talking about were brought to America neys will review pending deportation ‘‘I don’t think Congress should be in the cases in Baltimore and Denver to iden- business of picking winners and losers,’’ as children and as infants. They grew up here believing they were Americans. tify-low priority cases that should be Pence said. ‘‘Inaction by Congress today re- removed from the docket. This trial results in a system today that does pick win- They went to class every day, pledged ners and losers.’’ allegiance to the only flag they knew, view of new and pending cases will be State calls for congressional action on the and sang the only national anthem completed by mid-January and then issue got a big boost earlier this month when they had ever heard. They are Amer- expanded nationwide. Let me commend the President and Amazon, after years of battling efforts to ad- ican in their hearts, and they should dress the loophole, endorsed bipartisan on- his administration for these thoughtful not be punished because their parents line-sales-tax legislation introduced by Sens. and humane steps to implement this Michael Enzi, R–Wyo., Dick Durbin, D–Ill., made a decision to bring them here. new deportation policy. and others. That bill would authorize states These young people are tomorrow’s Today, there are approximately 11 that meet certain minimum standards to re- doctors, engineers, soldiers, teachers. million undocumented immigrants in quire online retailers to collect sales taxes They are the people with whom we can the United States. It would take bil- from customers even in states where those build an America on. We should not firms have no facility. A similar bill has lions and billions of dollars to deport squander their talent by deporting all of them. It would likely lead to the been introduced in the House by Reps. Steve them to countries they may not re- Womack, R–Ark., and Jackie Speier, D–Calif. collapse of many parts of our economy. member at all. You can’t go to a hotel or restaurant in Mr. ALEXANDER. Madam President, Last year, Republican Senator RICH- I yield the floor, and I note the absence the city of Chicago—I have been told ARD LUGAR of Indiana joined me in ask- this by restaurant owners—and not of a quorum. ing the Department of Homeland Secu- find at least some place in that estab- The PRESIDING OFFICER. The rity to suspend the deportation of lishment an undocumented person clerk will call the roll. these DREAM Act students. Now, for doing the tough, hard work immigrants The assistant legislative clerk pro- the record, if there is any evidence of do. ceeded to call the roll. wrongdoing by these students, they are DHS has to set priorities about which Mr. DURBIN. Madam President, I ask completely disqualified from this con- people to deport—and not deport— unanimous consent that the order for versation. We are talking about stu- using its limited resources. Some of my the quorum call be rescinded. dents of good moral character who are Republican colleagues have claimed The PRESIDING OFFICER (Ms. KLO- in the United States basically without that this is kind of a backdoor am- BUCHAR.) Without objection, it is so or- a country. nesty. That could not be further from dered. Earlier this year, Senator LUGAR and the truth. This is simply a temporary Mr. DURBIN. Madam President, I ask I were joined in our request by 21 other decision not to use limited government unanimous consent to speak as in Senators, including majority leader resources to deport low-priority indi- morning business. HARRY REID, Judiciary Committee viduals who are no threat to the United The PRESIDING OFFICER. Without chairman PATRICK LEAHY, and Senator States of America. Individuals whose objection, it is so ordered. BOB MENENDEZ, asking that these cases are closed will not receive any f DREAM Act students be given an op- permanent legal status. So there is no portunity to stay and not be deported. amnesty involved. THE DREAM ACT In response to our letters, John Mor- Ironically, some Republican critics of Mr. DURBIN. Madam President, it ton, the Director of Immigration and the administration’s new policy called has been 10 years since I introduced the Customs Enforcement, issued a memo on the Clinton administration to estab- DREAM Act, legislation that will allow in June of this year establishing new lish deportation guidelines—exactly a select group of immigrant students priorities for deportation. The Morton what the Obama administration has with great potential to contribute to memo says: It is a high priority to de- done here. In response to this request America. The DREAM Act would give port those who have committed serious from some Republicans in Congress, these students a chance to become crimes or those who are a threat to the Clinton administration established legal in America. They came to the public safety, while it is a low priority a policy on prosecutorial discretion. United States as children. They have to deport individuals who have been in The Bush administration kept the pol- to be long-term residents of our coun- the United States since childhood, like icy in force from the Clinton years and

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00029 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19214 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 issued several followup memos without Imagine the countless numbers of individ- overcome great odds and achieved any criticism from any Republicans in uals ready to contribute to our society as great academic success, without the Congress. The Bush administration law-abiding, successful individuals who live support of Federal assistance. They also stopped deportations of a number life with a sense of strength and morality. didn’t qualify for it. They have no of DREAM Act students, again without Abraham Lincoln once said, ‘‘I have always found that mercy bears richer fruit than problems with moral character, and any criticism from Republican Mem- strict justice,’’ and this is more true now they pose no threat to America. They bers. than ever. I have a great amount of hope, op- would make us a better country if we Let’s be clear. What the Obama ad- timism, and belief in this country and that gave them a chance. ministration has done in establishing one day we shall see the DREAM Act enacted Minhaz and Jose are not isolated ex- this new process for prioritizing depor- into law. amples. There are literally thousands tations is perfectly appropriate and Here is another DREAMer. This is a of others like them in this country. We legal. Throughout our history, our gov- photo of Jose Librojo. In 1995, when he have a responsibility in the Senate to ernment has had to decide who to pros- was a child—16 years ago—Jose’s par- give them a chance to let them prove ecute and who not to prosecute based ents brought him from the Philippines what they can do for America. on law enforcement priorities and to the United States. Shortly after I commend the Obama administra- available resources. they arrived here, Jose’s parents filed tion for its new deportation policies. I I strongly support the administra- an application to stay in this country urge the Department of Homeland Se- tion’s new deportation policy but more as legal permanent residents. For more curity to move forward on an expedited needs to be done to implement this pol- than 15 years, their immigration appli- basis. As long as young people such as icy and it needs to be done quickly. cation has been stuck in the courts. Minhaz Khan and Jose Librojo are fac- Many young people who would be eligi- In the meantime, Jose grew up in ing deportation, work still needs to be ble for the DREAM Act are still facing America. He graduated from San Fran- deportation proceedings. Almost every done. cisco State University with a bach- day my office is contacted by DREAM It is also clear that this policy is elor’s degree in biology. As a member Act students who are at risk of being only a temporary solution. The depor- of Alpha Phi Omega National Service deported in a matter of hours or days. tations of many DREAM Act students Fraternity, Jose volunteers, working Today, let me tell you the story of two will be temporarily suspended. Ulti- of these young people. with the elderly and young Asian mately, the responsibility lies with Here is a photo of Minhaz Khan. Americans, among other things. Congress and with us to fix these bro- Eighteen years ago, in 1992, Minhaz Jose has been authorized to work ken immigration laws and give these Khan’s parents brought him to the while his immigration case is pending. good young people a chance. United States from Bangladesh. At the For more than 10 years, he worked as a I ask my colleagues to support the time, he was 4 years old. Today, registered dental assistant and a dental DREAM Act. It is the right thing to do. Minhaz is 22—18 years later—and he laboratory x-ray technician. The den- It will make America a stronger na- has overcome amazing obstacles to tist who employs him was so impressed tion. complete his education. In 2009, Minhaz by his work, he filed papers to sponsor I yield the floor. graduated from the University of Cali- Jose for legal permanent residency in The PRESIDING OFFICER (Mr. DUR- fornia Riverside with a bachelor’s de- the United States. The employer’s peti- BIN). The Senator from Minnesota. gree in neuroscience. tion was approved, but because of our f Minhaz sent me a letter, and here is broken immigration laws, Jose has THE COLLAPSE OF MF GLOBAL what he said about his future: been placed in deportation proceedings. My dream is to make several contributions After all of these years in America—16 Ms. KLOBUCHAR. Mr. President, I to science, and become a physician’s assist- years—and earning a bachelor’s degree rise today to discuss the collapse of MF ant as a career, and eventually a teacher as in biology, currently working in the Global. While its demise hasn’t trig- well. I have great aspirations, but I do not health field in dentistry, and one who gered the sort of economic turmoil we dream of big houses or tons of cars. I want has done such a good job that his em- saw in 2008, let me assure you it is hav- normality, stability, and liberty. ployer wants to have him here perma- ing a devastating impact on the liveli- Today, Minhaz lives in Palo Alto, CA, nently, he is now facing the prospect of hoods and savings of many in my with his wife, who is an American cit- being deported to a country he cannot State. izen. Minhaz’s wife has filed an applica- even remember. Sadly, the story of MF Global is all tion for her husband to become an Jose was scheduled to be deported too familiar. It is the story of another American citizen, but under our broken last month, 3 days before Thanks- overleveraged financial firm that took immigration laws he has been placed giving. But the Department of Home- on too much risk and did little to dis- instead in deportation proceedings. land Security put his deportation on close its bets. Once again, the folks Eighteen years in the United States, a hold, so he will have a chance to apply whom the system was supposed to pro- bachelor’s degree in neuroscience, as- for legal status and keep working. piring to become a researcher or teach- tect have been left holding the short Jose sent me a letter, and this is er, married to an American citizen, and end of the stick. Three years after the what he said: he is under threat of being deported. U.S. financial system was nearly top- What threat is he to America? The I have followed the laws of our system, but pled by this sort of recklessness, it the logjam in the courts has put me in this threat is losing a person who is tal- seems little has changed on Wall untimely predicament. I have lived in the Street. ented and can make such a difference U.S. for 16 years, and I consider this country in the lives of so many people. Today, Mr. Corzine appeared before as my home. I have always felt like an Amer- the House Agriculture Committee to Minhaz was scheduled to be deported ican. I wish to stay, live my dreams, and last month. Under President Obama’s build my own family here in the United testify on events that led to the bank- new deportation policy, the Depart- States. I hope that someday the DREAM Act ruptcy of MF Global—the firm he led— ment of Homeland Security put his de- becomes a reality so that I may continue as well as the whereabouts of roughly portation on hold for 3 months so that making contributions to the country I call $1.2 billion in customer funds that re- his application for legal status can be home. main missing. While taking responsi- considered. I think that was the right I ask my colleagues who are critical bility for the collapse of the firm in his thing to do. Minhaz grew up in Amer- of the administration’s deportation testimony today, Mr. Corzine chose to ica, he is married to an American, and policy, would America be better off if use much of his testimony defending he wants to make America a better na- we deported Minhaz or Jose back to the strategy that ultimately led to the tion. Bangladesh and the Philippines? I don’t firm’s demise and that left many in my In his letter to me, Minhaz spoke think so. These two young men were State with their life savings on the about what it would mean to him if the brought here as infants, children. They line. In regard to the missing customer DREAM Act became law. grew up in our country. They have funds, he responded that, as CEO of MF

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The misery that is going to affect your fu- for the safety of their customers’ funds failure of MF Global has caused mil- ture, and the Senate has to make some held in segregated accounts—some- lions in investor losses, created signifi- changes to have a future for this coun- thing considered sacred within these cant uncertainty in the markets, and try. markets. has left many in my State confused For 14 years, I was the only account- If anybody still doubts that Wall and angry—and they should be angry. ant in the Senate. I have been joined Street has not learned from its mis- Just 3 years after the 2008 financial col- by Senator JOHNSON of Wisconsin, who takes, I would have you talk with the lapse, and what has changed? How can is an accountant, and these kinds of farmers in my State who can’t access ordinary folks trust this system? Who numbers always bother us a little bit. I their life savings and aren’t sure when can they trust to protect them? have put together a couple of pie or how much of it they will ever get Two weeks after the collapse of MF charts here. This one on the left rep- back. Global, it was announced the Com- resents the spending we are doing; the Dean Tofteland, from Luverne, MN, a modity Futures Trading Commission, one on the right represents the revenue town of 4,600 people—his family grows which is leading the investigation into we are receiving to do the spending. corn, soybeans, and raises pigs on their the missing funds, will receive only These are proportionately correct. This farm in southwest Minnesota. He cur- two-thirds of their budget request for is the spending; this is the revenue to rently has over $200,000 in what was 2012, potentially limiting the agency’s do the spending. Dramatically dif- supposed to be a segregated MF Global ability to do its job at a time when the ferent. The revenues are dramatically account, which he cannot access and markets they oversee are expanding ex- lower. which he may never fully recover. He is ponentially. This is not acceptable. We There are a number of pieces to this not a speculator. He invested to reduce need to make sure our regulatory agen- that I think probably will reveal more. his risk—locking in prices ahead of the cies aren’t allowing Wall Street bank- The spending, incidentally, is $3.456 growing season so he is protected from ers to go down the street in their trillion. We are spending $3.456 trillion. price fluctuations that can eat into his Ferraris while those standing up for We are taking in $2.2 trillion. That is profits. the middle class—those at the agencies $1.3 trillion less than we are spending. Talk to Dennis Magnuson, a pork that are supposed to regulate them— So we are spending a third more than producer from Austin, MN, who had a are not following behind in a Model T we are taking in. How long can you do that? There is substantial amount of money with MF Ford. no end in sight. What is that made up Global that he used to stabilize the We don’t know with certainty what of? Well, one of the things we worry cost of feed for his pigs. Both Senators the ongoing investigations into MF about is Medicare, Medicaid, and So- in the Chamber are from States that Global will find, but there is little cial Security. I have the revenues rep- have livestock, and they know the cost doubt Congress has work to do. Already resented here for Social Security and of feed has been escalating. That is the CFTC, after our hearing in the Sen- other social insurances, and we are ate Agriculture Committee last week, why he vested. He knows the risks— taking in $865 billion a year to support has come up with some changes they price swings, poor crops, bad weather. these programs. This piece of the pie is are proposing to how these funds can These are all part of farming. But his what we are having to put out for those be invested. I think more needs to be account at MF Global was supposed to same programs. We are having to put done. There are also rules of disclosure help manage those risks, not become out $1.494 trillion; so $865 billion versus being considered and that were dis- one. $1.494 trillion. It is not just individual farmers; the cussed today at a House hearing, as When we say these programs are effects of MF Global’s collapse are rip- well as in our Senate Agriculture hear- going broke, I think that fact is pretty pling through the whole agricultural ing, that need to be changed. These evident. If you don’t make any community. changes were made to the CFTC rules changes, this kind of spending will Here is a letter from Philip Deal, who in 2000 and in 2005 they loosened the eliminate a program that seniors rely writes: rules and expanded things. They need on. I used to say when we are spending I am the CEO and General Manager of to go back to where they once were, at this rate, we are stealing from our Wheaton-Dumont Co-Op Elevator in Whea- where they protected investor savings. grandkids. Now we are to a point where ton, MN. Investor trust in segregated accounts we have spent so much, it is no longer Wheaton is located on the western edge of is vital to market confidence and is the Minnesota by the North Dakota/South Da- our grandkids we are stealing from, it cornerstone of customer protection in is our kids. And in a matter of months kota border. Our cooperative has approxi- the commodity futures market. This mately 1,200 active members and a total the bill could come due. membership of more than 5,000. So the MF trust has been breached. I urge my col- Europe is having some difficult fi- Global situation affects a great number of leagues to join me in demanding those nancial times, and they are changing people here. responsible for the MF Global failure the way money is going to be available We employ about 115 people, and we are be held accountable for their actions to secure the bonds that allow us to do easily the largest nongovernment employer and that steps are taken to prevent this kind of spending. These actions in all of the communities we operate in. this from ever happening again. could have widespread implications for Our business uses a Chicago Mercantile Ex- Mr. President, I yield the floor. change and Minneapolis Grain Exchange to the United States very soon. We also hedge grain purchases and sales. We do not The PRESIDING OFFICER (Ms. KLO- took Social Security money and put it speculate. We have always relied on the im- BUCHAR). The Senator from Wyoming. in a trust fund. I always say, don’t plied fiduciary responsibility of the Com- Mr. ENZI. Madam President, I ask trust the trust funds. What we did is modity Futures Trading Commission and the unanimous consent to speak as in put IOUs in a drawer and we spent the Chicago Mercantile Exchange to safeguard morning business for whatever time I money. We are spending some of the our segregated funds. might use. money twice. How long can you spend The impact to our business has been huge. The PRESIDING OFFICER. Without the money twice? We have been forced to double-margin the objection, it is so ordered. Let us take a look at some of the missing funds. This has increased our inter- other parts of this pie, because we al- est expenses and decreased our ability to buy f ways talk about the nondiscretionary and sell grain. SPENDING VERSUS REVENUE Simply put, we cannot afford to lose any spending. Well, to cover our discre- money on this deal. On a local level, the very Mr. ENZI. Madam President, I want- tionary spending, which includes De- future of our business is at stake. On a larger ed to take this opportunity to share fense and all of the nonmandatory

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00031 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19216 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 items, we are spending $1.349 trillion. five States could do something bene- at what we spent last year, and we put And the income? Individual income tax ficial with this new program we have everything into one package and hurry is paying $899 billion. Corporate income devised, so we will put a little money up and pass it so the government can tax pays $191 billion. I bet people in the budget and draw up the criteria continue to operate. Before that hap- thought there was a lot more corporate so just those five States can receive pens, we might do a series of con- tax than that. these monies. And the purpose is to see tinuing resolutions. We say, we can’t Part of the reason for this corporate whether the program is effective. In shut down government because there number is that a lot of people have sin- my 14 years here, I have rarely seen are so many things people need that we gle proprietorships, partnerships, or one of these types of tailored programs have already approved—to the tune of small business corporations. If a busi- that wasn’t effective. I suppose there $3.456 trillion—so we have to keep gov- ness is in one of those three categories, are some I never heard reported on, but ernment operating. What we end up the money their company makes goes I yet to see one that isn’t effective. with is a continuing resolution. straight to their tax line, even though This means the following year the A continuing resolution allows a gov- hardly anybody in business can take same group comes back and says, we ernment agency to spend one-twelfth of out all of the money they make. If they just had this revelation, this marvelous what they had the previous year each do not reinvest that money into the experiment that happened in our State. month until we get a funding agree- business, it business would go broke. It was spectacular and it ought to be ment for the remainder of the fiscal So they do not get to take the money expanded to every State in the Nation. year. In 2008, we spent 27 percent less out, but have to count it through the Well, if it is that good, it probably than we spend right now. I think a lot individual tax code. That goes in this ought to be expanded to every State in of the agencies would be delighted to $899 billion of individual income, as op- the Nation. But with whose money? have us keep continuing one-twelfth of posed to the corporate tax of $191 bil- With what money? We are already their last year’s allotted spending each lion. There is also an excise tax of $67 spending more than we are taking in. month this year. That is what we have billion. These are the kinds of numbers We can’t do the demonstration pro- been doing, and it’s not getting us any- that have to fund $1.349 trillion of grams on new ideas unless we can where. spending. eliminate some of the old ideas, which I think there ought to be a penalty, We have discretionary spending of brings up another problem. Another which would be reflected in every one $660 billion and we have military thing we do around here is we say we of the budgets. I think every time we spending of $689 billion. I mentioned are going to eliminate this program, pass a continuing resolution there Social Security, Medicare, and Med- and over 10 years it will bring in the $5 ought to be a reduction in the amount icaid, but besides that we have other billion needed to fund a new program. spent each month until we get a final mandatory spending adding another Well, that savings is accrued over 10 resolution. That could be 1 percent or years, but the money on the new pro- $416 billion in spending. That $416 bil- 1⁄2 percent or 1⁄4 percent, but there lion accounts for the other items we gram is going to be spent over 1 year or should be some kind of a reduction if 2 years at the most. That is pretty bad have said will definitely be paid no we are ever going to reduce spending accounting. That is how you get to a matter what kind of shape the Federal and pay down our debt. situation where you have the current Government is in. There are all sorts of There is another responsibility, and spending level versus the current reve- programs included in that tally. that is for appropriators to figure out nues, by using creative accounting to This little yellow sliver here, a very how to get this spending circle down to pay for that new program. important one, is the interest we have the size of the revenue circle. This is Well, you can’t bind a future Con- to pay. That is mandatory as well. We gress, so there is no assurance that the the only part that the Appropriations don’t have an option on whether we are current method of getting the revenue Committee has worked on—this little going to pay the interest on the bonds will stay around. There is also no as- third of the square that contains dis- that we owe. Those interest costs come surance we won’t use that same pot of cretionary spending. to $197 billion a year and that is at the revenue two or three times. We will What we are going to have to do now lowest interest rate in the history of probably be told this is not the case, is come up with some solutions. I have the United States. What happens when but I have seen some instances around some solutions. I am not going to go that goes up? As European countries here where revenue has been spent into those today, but what I want peo- have more trouble trying to sell their more than once. ple to do right now is to think about bonds, they are going to have to pay a One of the other problems we have how much we are spending versus the higher rate to be able to sell those around here is that we have too many revenue we have. Every person in bonds. When they have to pay a higher spending decisions to make. There isn’t America needs to be thinking about rate, we will have to pay a higher rate. a business in the world, with the excep- the way the programs they are in- We are all competing for the same dol- tion of a business like Wal-Mart, that volved in can be a part of getting the lars, and there aren’t enough dollars spends $3.456 billion in a year—1 year. spending circle down to the size of the out there to fund this kind of an in- There aren’t many businesses that revenue circle. It is everybody’s re- crease in spending each and every year. comes close to that. And they have a sponsibility. How do we make up the $1.2 trillion bevy of accountants figuring out how What we continually run into are the more we are spending than we are tak- to make expenditures, cuts, and bal- groups—particularly from our States— ing in? It’s a huge difference we aren’t ance the budget for the year. that come in and say: I have this fan- coming close to addressing. What we do here in the United States tastic program and we just need a little I hope people can grasp the difference Senate is an appropriations process. We increase for inflation because it is such between spending and revenues. If you have broken that process down into 12 a phenomenal program. For years, we look at your own personal budget, your pieces to make it more manageable, have been able to do that. That is how spending better be lower than your rev- but 12 pieces doesn’t cut it. You can’t the balloon got this big. We are not enues, or at least no greater than the get into the detail for spending the bil- going to be able to do that anymore. revenues. We haven’t grasped that con- lions. One of those numbers is $689 bil- What would be helpful is if people cept here yet. We did eliminate ear- lion. How long would it take to go could suggest how, in their program, marks for the most part, and that through the expenditures on $689 bil- they could make it better for less helps, but it was still a rather small lion? We have to trust some of the past money. It is either going to have to be amount and we are still adding pro- spending and some of the past obliga- better for less with a little pain right grams. tions, but we can’t be as conscientious now, or wait a couple years and have it Sometimes we add programs as a and detail-oriented as we should be. worse for less with a lot of pain. demonstration project. A group of Sen- So what do we do about it? Well, we We are at a point right now where we ators get together and they say, our do omnibus bills. That is where we look reduce spending 1 percent for each of 7

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00032 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19217 years and get to a balanced budget; of duplication is a surer way of solving it will help some seniors because they that is, 1 percent true cuts. That isn’t the problem than some of the other have some investments in cash that 1 percent less growth. It is 1 percent ways that have been talked about. would get higher interest rates, but for true cuts each and every year, and it One other avenue we keep talking the country as a whole, rising interest has to cover the whole circle, not just about is waste, fraud, and abuse. Yes, rates that already make up 6 percent of the discretionary part of the spending there is waste, fraud, and abuse. We our budget will only be more cause for circle—which is what we usually con- need everybody in America to help us worry. When that one expands above centrate on—and then have some dis- find that waste, fraud, and abuse, but the 1 percent we are spending right cretionary capability on it. The fact is, in reality, the total cost of waste, now—and it is going to expand in the the largest amounts we spend in this fraud, and abuse is a rather elusive next couple of years because of what is whole piece of the pie is spent on man- number. Does anybody know how big happening in Europe—we had better be datory spending, and it is conversely that is? Everybody is guessing. It is worried about it. funded by a much smaller amount. We only a guess how much there is. We This is the kind of picture shown by can’t do that for long. We are going to need to find it, and we need to be tak- the deficit commission that Erskine have to propose solutions. ing the money from eliminating these Bowles and Alan Simpson chaired. I Instead we have been in scenario actions before we spend it. was hoping we would repaint this pic- where people come in and say we need We will sometimes attempt to use ture a number of times between the a little bit more money or don’t cut my the waste, fraud, and abuse numbers as time they released their report 1 year program; keep it the same size. I ask the pay-for for a new program. We ago and now, because we have to get for suggestions on how we could keep aren’t able to spend that money until America to understand. Actually, I can this practice going in light of our dis- we actually have it, but what happens tell you the people in my State under- proportionate revenues and expendi- it is used as pay-for and the program stand this. I don’t need to explain it to tures. The usual approach is to tell me goes into effect, but nobody follows up them. They know how much more we and my fellow senators there are a cou- to go out and dig up that waste, fraud, are spending versus what we are taking ple of other programs that we ought to and abuse. Instead, the waste, fraud, in. They can even tell you the num- eliminate. We are looking at those too. and abuse money ought to go into a bers. They are concerned, and they We looked at them in the Health and fund before it can be spent on some- need to be concerned. We all need to be Human Services areas, Senator COBURN thing else. concerned. and I did, and found there was $9 bil- However, when I am talking about I am open to suggestions on this. I lion of duplication. Do we need duplica- duplication, the $900 billion worth of will have some speeches I’ll give later tion? I would hope not. Senator COBURN duplication, I am talking about num- reiterating this definite problem we got so excited, he did this same study bers that we can go to the Federal are in. I have said a number of times for the entire Federal Government and budget and look up. We can find out ex- our country has maxed out its credit found $900 billion in duplication. Does actly how much those programs are cards. that mean a whole lot of other agencies spending. In its duplication, we A couple weeks ago during a trip to were a whole lot less efficient than wouldn’t eliminate all of them, but we Wyoming, I checked into a hotel and I Health and Human Services? No. It ought to be able to eliminate half of used my Senate credit card. The lady a means we have duplicative programs in them. Madam President, $450 billion few moments later, very embarrassed, every single agency. alone, half of Senator COBURN’s total said: ‘‘I am sorry, but your card is We also have financial literacy pro- duplication findings, would be a huge being rejected.’’ I said: ‘‘I guess the grams in every single agency. If we are change for this country. Federal Government is in worse trou- spending $3.456 trillion and only get- I hope we look at some of those ideas ble than I thought,’’ and used my own ting $2.2 trillion in revenue, is the fi- to cut spending. I have a 15-page speech card and it went through. nancial literacy in our government that would explain some ways we could We had better be worrying about it working? I don’t think so. solve this problem, but what I am try- now because we do have a problem. We When I first got here, there were 119 ing to do is get people to grasp the con- have maxed out our credit cards, and preschool education programs. Pre- cept that our Federal tax receipts, and there are not any other places we can school is important. The start children total revenue, is far outweighed by the go for money. We have been the bastion get from when they are first born until circle that shows what we are spend- of money for years. they go to school makes a huge dif- ing. As a family, people know they Keep this in mind. Start thinking of ference in their growth and develop- can’t budget this way. As a govern- ways we can actually make some cuts ment for the rest of their lives. How- ment, we can’t do it for very long, even and increase some revenues. I have ever, we had 119 programs and once we if we print our own money. Somehow ideas for both in speeches I’ll give in took a closer look, we found many of we are going to have to shrink the the future. We are in a crisis. It will be them, according to their own evalua- spending circle down until it is that a more immediate crisis any time and tion, were failing. We now have that size or grow the revenue circle until it we are no longer spending our number down to 69 programs. Do you is—they are comparable in size, or a grandkids’ money; we are spending our know why we can’t go below 69? My ju- combination of the two. As I said, I kids’ money, and it is about to come risdiction as Ranking Member of the will give some other speeches to out- due on us. When I say ‘‘on us,’’ I am Health, Education, Labor, and Pen- line some of my other ideas. In the even including myself and the seniors sions Committee is over the Depart- meantime, I hope everybody will take in that count. The day of reckoning is ment of Education, which only has 8 a look at the chart I have shown today. not far away. programs—8 of 69 preschool programs. We can’t look at it and say don’t I yield the floor, and I suggest the ab- The Department of Agriculture has the touch Medicare, Medicaid, and Social sence of a quorum. most preschool programs. Security, we can’t have $1⁄2 trillion of The PRESIDING OFFICER. The That’s why, when Senator COBURN is extra expenditure spending in that cat- clerk will call the roll. talking about duplication and looking egory alone for long. There is another The legislative clerk proceeded to at the complete picture of everything $416 trillion in mandatory spending in call the roll. the Federal Government does, there is that same category. How long can we Mr. LAUTENBERG. Madam Presi- duplication in each and every agency. keep spending at this rate? What hap- dent, I ask unanimous consent that the What we are going to have to do is pick pens if interest rates go up? This piece order for the quorum call be rescinded. out those that operate with the most of the spending pie can become much The PRESIDING OFFICER. Without efficiency and results, give them a lit- bigger and probably will. I don’t know objection, it is so ordered. tle more funding and eliminate the how long we can keep interest rates as Mr. LAUTENBERG. I ask to speak as other duplicative programs. Getting rid low rate as they are now. If they go up, if in morning business.

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00033 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19218 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 The PRESIDING OFFICER. Without pitals, for doctors. We were virtually lies or we can allow the Republicans to objection, it is so ordered. bankrupt. I had enlisted in the Army. continue running their millionaires’ f Next week, it will be 69 years ago that protection ring. The fact is, American I enlisted in the Army, in December of millionaires are doing just fine. They FUTURE OF AMERICA 1942. don’t need protection from the Repub- Mr. LAUTENBERG. Mr. President, I know how tough it was and how licans. Since the 1980s, our country’s we are here now deciding what kind of much aggravation accompanies a fam- wealthiest 1 percent have seen their av- a country America might be in the fu- ily who just cannot keep their heads erage household income increase by 55 ture—whether it will be a place we can above water. percent. But for the bottom 90 percent, look back at and remember when ev- Here we are, in a day of some incred- average household income has not in- erybody had a chance at success. ible wealth around this country— creased at all. It is hard to believe that when we around this room—and Republicans are As we see here, even though incomes look at the vote we just had. It con- trying to thwart our efforts to extend are growing for the very wealthy, their firmed where the Republicans are on and expand the payroll tax cut for taxes are actually going down. the issue of whether middle-class fami- working families—for people who de- We can also look at CEOs to see how lies should get a tax break. The Repub- pend upon their incomes to take care well the wealthy are faring. CEOs at lican answer, was no. The answer they of their family needs; not on their sav- the largest companies are now paid an gave on the middle-class families tax ings, not on their inheritance, on their average salary of $11 million a year. break was: Absolutely no. No, no, no. jobs. That is 343 times as much as the aver- To the struggling single parent who Millions of American families have age worker’s salary of $33,000. wants to provide for their family, benefitted from this tax cut that we It used to be a much more modest works hard every day, the Republicans have had this year, but it stands to ex- comparison. In 1980, CEOs made 42 said no way. To the recent college pire at the end of December. Our side is times the average worker’s pay. Just graduate trying to start a career but eager to continue this tax cut and in- look at that. Just a few decades ago having trouble paying back college crease the size of that cut to help these the pay was much more reasonable, loans, paying rent, paying living costs, families. In my State, this means a and the people who were working in the Republicans said no. To the work- typical family would receive a total the mills and making products and ing couple, a family with a couple of tax cut of $2,100 next year. For parents doing the service jobs and all of that kids who needs some help in this tough who are trying to feed their families, were living significantly better than economy, the Republicans said no. No, educate their kids, pay their bills, an they are today. no, no. The Republicans refuse to help extra $2,100 goes a long way. To make Millionaires are making much more them because their mission is to shield sure that all working families receive money today than they did in those the wealthy from paying their fair this much needed relief next year, we years past. This is something I know share of our country’s obligations. are asking America’s millionaires to something about directly. I was the Across our country, Americans are pay their fair share, but the Repub- president of a very large company watching Republicans in this Congress licans would rather protect their when I came to the Senate. And you and wondering what they are going to wealthy friends than continue the pay- know how I got there: I had a boost from our country. I had enlisted in the do to supply encouragement and hope roll tax cut for working families. First, the Republicans blocked our Army, and I served in Europe. I got the for people who need it. Are we going to side’s efforts to cut taxes for the mid- GI bill. I went to Columbia University. be simply a big accounting firm, sim- dle class. Then the Republicans offered It happened because the country said: ply doing the auditing, or are we going their own plan. It was a disgrace. Their Frank, if you can learn we will help to be there to stimulate activity for plan calls for a much smaller middle- you. We will pay your tuition because people, to give them a chance to ele- class tax break, which they would have you served your country. I’ve done well vate their living standards for their paid for by laying off 200,000 middle- because my country invested in me, family, to get their kids educated, and class government workers. That is how and I’m willing to invest more in my take care of the family necessities? they would solve the problem—fire peo- country today to help the next genera- Right now, 14 million Americans are ple. Don’t take it out of your bank action. jobless, and they are worried about count, don’t take it out of your sal- That company I helped start with how they are going to stay in their ary—even if you make over $1 million a two other fellows has 45,000 employees homes, feed their children, and keep year—fire people. That will make sure today; 45,000 people are working at their families warm this winter. But they understand we are not as con- ADP, the company I helped start, be- unemployed Americans are not the cerned about them as we are about the cause we had a chance at an education only people who are struggling. Hard- person who makes over $1 million a and to learn what we had to do to be in working Americans from all walks of year. management, what we had to do to be life are struggling to make ends meet. It was a cynical ploy. It showed the in leadership. They are coping with skyrocketing other side’s true stripes. The Repub- Our goal should not be to protect grocery prices, surging health pre- licans say they are for lower taxes, but millionaires and billionaires who don’t miums, soaring college tuition. we now see that only goes for the jet need our help. We should focus on the In my home State, 1 in 10 New set. Their tax-cutting zeal doesn’t ex- foundation that our society requires to Jerseyans is on food stamps, the high- tend to the middle class. Republican function. We should be focused on pro- est level in more than a decade. New priorities? Raise taxes on middle-class tecting Medicare, food safety, Head Jersey has traditionally been among families. Middle-class families do not Start. the top States per capita income in the have it easy in America today. Repub- Imagine, they want to take seats country, within the top three, often in licans want to raise their taxes to pro- away from Head Start Programs. I vis- the first position. tect the luxuries for the millionaires. ited a Head Start Program in New Jer- On this side of the aisle, we are try- Make no mistake. Working families sey just a few weeks ago, and I saw the ing to help struggling families. I will suffer if the Republicans continue children. They were 3, 4, 5 years old. learned the hard way about family to block our efforts to extend and ex- They were interested in learning some- struggles when I was growing up. My pand the payroll tax cut, and so will thing. I talked to them, and I wanted— father took ill with cancer when he was our economy. Last week, Barclays one of the little kids came over and 42; I was 18. My mother, when my fa- Bank warned that our GDP will drop hugged me around the knees. I wanted ther died, was 37 years old. We had all 1.5 percent if the payroll tax cut is al- to pick him up and take him home. He kinds of obligations to pay. My mother lowed to expire. was so beautiful, so nice. I thought: took over the family leadership. We The choice is clear. We can continue Here is a child, learning. He came from owed money for the pharmacy, for hos- the payroll tax cut for working fami- a single-parent family.

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00034 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19219 The people who need help—we should Republican colleagues will disband nation of Norman L. Eisen, of the District of be focusing on protecting them and their millionaires’ protection game, Columbia, to be Ambassador Extraordinary giving them a chance to grow. We stop standing in the way, and start and Plenipotentiary of the United States of should be about making sure they have standing up for everyday Americans America to the Czech Republic: Harry Reid, Barbara Boxer, Patrick J. proper Medicare, that food safety is who need our help. Leahy, Patty Murray, Richard J. Dur- taken care of. Head Start, home heat- Help us continue the payroll tax cut bin, Kent Conrad, John D. Rockefeller ing for the poor, and other essential for working families. Help us protect IV, Jeff Bingaman, Tim Johnson, Dan- programs—we should be protecting the programs that benefit the people iel K. Inouye, Debbie Stabenow, Robert them from reckless cuts. who need them most. Help us, friends P. Casey, Jr., Max Baucus, Charles E. The Republicans who served on the on the Republican side, to make Amer- Schumer, John F. Kerry, Mark Udall, supercommittee refused, before the ne- ica even stronger than it is today. We Michael F. Bennet. gotiations were started—refused to ask can do that. The assistant legislative clerk read wealthy Americans to pay their fair Countries are failing all over the the nomination of Mari Carmen share. They practically took an oath globe. America need not to do that. We Aponte, of the District of Columbia, to that they would demand nothing more just have to make sure that while we be Ambassador Extraordinary and of the wealthy, when the country is take care of our expenses, we also Plenipotentiary of the United States of deeply in debt, starving for a better make sure we have the revenues to do America to the Republic of El Sal- way to solve our problems. the job. vador. As a result, the poor and the middle I yield the floor. CLOTURE MOTION class are going to have to make up the I suggest the absence of a quorum. The PRESIDING OFFICER. The clo- difference. These are the people who The PRESIDING OFFICER (Mr. ture motion having been presented need help the most right now. We must FRANKEN). The clerk will call the roll. under rule XXII, the Chair directs the act now to protect the vital programs The assistant legislative clerk pro- clerk to read the motion. on which they rely. If we fail to act, ceeded to call the roll. The assistant legislative clerk read our country and our economy will con- Mr. REID. Madam President, I ask as follows: tinue to suffer—especially Americans unanimous consent that the order for CLOTURE MOTION who are already struggling. It is just the quorum call be rescinded. We, the undersigned Senators, in accord- plain heartless to continue asking the The PRESIDING OFFICER (Mrs. ance with the provisions of rule XXII of the poor, the middle class, the elderly, and SHAHEEN). Without objection, it is so Standing Rules of the Senate, do hereby our children to bear the entire burden ordered. move to bring to a close debate on the nomi- of these brutal economic times. f nation of Mari Carmen Aponte, of the Dis- It does not hurt any of us who have trict of Columbia, to be Ambassador Ex- been successful to pay a fair share. It EXECUTIVE SESSION traordinary and Plenipotentiary of the might cost a few dollars more, but if United States of America to the Republic of you are making over $1 million a year, El Salvador: Harry Reid, John F. Kerry, Barbara look in the mirror and see if you have NOMINATION OF NORMAN L. EISEN TO BE AMBASSADOR EXTRAOR- Boxer, Patrick J. Leahy, Patty Mur- done it all by yourself or whether it ray, Richard J. Durbin, Kent Conrad, took the help of your country to get DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF John D. Rockefeller IV, Jeff Bingaman, there. There is a whole cadre of people Tim Johnson, Robert Menendez, Daniel working across America—they go to AMERICA TO THE CZECH REPUB- K. Inouye, Max Baucus, Charles E. work every day because they want to LIC Schumer, Mark Udall, Michael F. Ben- make a week’s pay and take care of net, Al Franken. Mr. REID. Madam President, I ask their kids and take care of their obliga- NOMINATION OF MARI CARMEN unanimous consent the mandatory tions. That is the foundation that built APONTE TO BE AMBASSADOR quorum under rule XXII be waived in America. It is the foundation of the de- EXTRAORDINARY AND PLENI- each instance; that on Monday, Decem- velopment of something that was POTENTIARY OF THE UNITED ber 12, at 4:30 p.m., the Senate proceed called the ‘‘greatest generation.’’ STATES OF AMERICA TO THE to executive session to consider the fol- That was the generation in the last REPUBLIC OF EL SALVADOR century who served in World War II. lowing nominations concurrently: Cal- All of us had an opportunity to get a Mr. REID. Madam President, I ask endar No. 360 and Calendar No. 501; college education when we otherwise unanimous consent that we now pro- that there be 1 hour of debate, equally would not have been near a college. ceed to executive session to consider divided, in the usual form; that upon That built our country. That Calendar Nos. 360 and 501, and I send the use or yielding back of that time, strengthened our foundation. Now we two cloture motions to the desk. the Senate proceed without inter- see people, Republicans, who want to The PRESIDING OFFICER. Without viewing action or debate to vote on make it tougher for people to make a objection, it is so ordered. The clerk Calendar No. 360; and that if cloture is living, tougher for people to get an will report the nominations. invoked, the Senate immediately vote education, tougher to provide heat for The assistant legislative clerk read on confirmation of the nomination, and people who desperately need it in the the nomination of Norman L. Eisen, of following disposition of Calendar No. wintertime, tougher to think ahead the District of Columbia, to be Ambas- 360, the Senate proceed to vote on clo- and say: You know what. I know my sador Extraordinary and Pleni- ture on Calendar No. 501; further, that children will do better than I have done potentiary of the United States of if cloture is not invoked on Calendar in my life. America to the Czech Republic. No. 360, the Senate proceed to vote on That used to be a truism in our view CLOTURE MOTION cloture on Calendar No. 501; that any of life in this country. We don’t hear The PRESIDING OFFICER. The clo- statements be printed in the RECORD, that much anymore because people are ture motion having been presented and the President be immediately noti- unsure, and it does not help to have the under rule XXII, the Chair directs the fied of the Senate’s action and the Sen- Republicans sticking up for the clerk to read the motion. ate then resume legislative session. wealthiest among us and turning their The assistant legislative clerk read The PRESIDING OFFICER. Without backs on working-class families in this as follows: objection, it is so ordered. country, the middle-class families. It is CLOTURE MOTION f not right. We, the undersigned Senators, in accord- LEGISLATIVE SESSION I hope the people across this country ance with the provisions of rule XXII of the will say: No. We are going to say no to Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The Sen- these Republican policies. I hope our move to bring to a close debate on the nomi- ate will resume legislative session.

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00035 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19220 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 TRIBUTE TO JACOB’S TREE cob’s Tree. I ask unanimous consent ferently. It’s not an easy thing to deal with; kids don’t usually tell you, but they feel re- Mr. MCCONNELL. Madam President, that the full article be printed in the sponsible. I tried hard not to show grief be- I rise today to extend my personal RECORD. There being no objection, the article cause I didn’t want (Abraham) to feel respon- blessing this holiday season to the fam- sible. Nobody could have done anything. It ily of Jacob Akin of Somerset, Ken- was ordered to be printed in the was a freak accident.’’ tucky. This year, the town of Somerset RECORD as follows: Buis recalls Jacob, in kindergarten at Hop- has graciously chosen to honor the [From the Commonwealth Journal, Nov. kins Elementary at the time, as ‘‘a funny lit- Akin family by accepting their dona- 25, 2011] tle young man,’’ as well as one who was both tion of a 20-foot cherry spruce tree to ‘JACOB’S TREE’ WILL WARM THE SPIRIT THIS handsome and intelligent. be displayed in the town’s Fountain SEASON ‘‘He was a very smart young man,’’ she (By Chris Harris) said. ‘‘He understood lots of things, I think.’’ Square as the county Christmas tree. The calendar pages turned, and soon The Christmas season is seen as a time of More important, however, is the sol- enough, it was the Christmas season again. miracles, a time of redemption for mankind. emn but heart-warming story of the Buis decided it would be appropriate to pay This year, one of Somerset’s proudest sym- tree’s origin, and the inspiration it some kind of tribute to Jacob, and decided to bols of the Christmas tradition will be its plant the household Christmas tree, only brings to the people of the community. own miracle of sorts—a chance to redeem joy about five feet tall at the time, in the ground The tree, known as ‘‘Jacob’s Tree,’’ and light out of the clouds of tragedy. outside their home. was planted in remembrance of Jacob The Christmas tree in the town’s Fountain ‘‘We decided to put up the tree in memory Akin, who was tragically killed in a Square is scheduled to be lit in a special of my son,’’ she said. ‘‘I felt like as the tree terrible accident on December 6, 1994. ceremony on Saturday, December 3, as is the grew, I could keep up with the years and annual custom. Five-year-old Jacob was playing with somehow see how my son might have grown. This year’s tree comes from the yard of Re- his older brother, Abraham, in a house Every time I would pull in the driveway, I becca Buis, known to local bank customers when a chimney unexpectedly col- would see the tree.’’ as a branch manager and loan officer at First ‘‘It’s kind of a reminder,’’ she added. ‘‘It lapsed on top of him. Thus, the holiday & Farmers National Bank in Somerset. season each year is especially burden- Anyone who has driven down Denham helps with the grieving process to plant some for his family, as it serves as a Street lately has probably noticed the tow- something in memory of someone you love.’’ constant reminder of the horrific acci- ering cherry spruce standing out with its Today, the majestic tree stands about 20 dent that took place 17 years ago. bold green hue, even as the trees around it feet tall. It’s ‘‘reached its potential,’’ as Buis A year after his death, his family de- have shed their leaves and stand bare and put it, and has ‘‘overgrown the place.’’ As such, Buis decided it might be the per- cided to plant a tree to honor young bland. The tree was planted around the holiday fect time to inquire about donating ‘‘Jacob’s Jacob. Over the years, the tree has Tree,’’ as it’s called, to use on the Fountain helped bring comfort and peace to the season of 1995—one year after a horrific accident that changed Buis’s life forever. Square as the county’s official Christmas family. ‘‘We decided to put up the tree On December 6, 1994, Jacob Akin, Buis’s 5- tree. County officials happily obliged. in memory of my son,’’ Jacob’s mother, year-old son, was killed in what his mother ‘‘Over the years, it just grew and grew,’’ Rebecca Buis, says. ‘‘I felt like as the can only call a ‘‘freak accident.’’ said Buis. ‘‘I’d been thinking for some time tree grew, I could keep up with the Jacob and his brother Abraham, who was about (donating it), and just decided, ‘You years and somehow see how my son 10 at the time, were playing in a house on know, it’s time to cut the tree down.’ ’’ Newton Street in Ferguson that their father Buis said she also took Abraham’s feelings might have grown. It’s kind of a re- into consideration. Now 27, still in Pulaski minder, and it helps with the grieving was in the process of razing. ‘‘(The father, David Akin) did construction County working in construction, Abraham process to plant something in memory work,’’ said Buis. ‘‘This wasn’t anything that ‘‘thinks it’s a good idea,’’ according to Buis, of someone you love.’’ was new to (the children). They were used to but she wanted to make sure he was okay Almost two decades later, Jacob’s playing around that kind of stuff.’’ with the choice to donate the tree given the spirit remains ever-present in the mag- This time, however, was different. effect Jacob’s death had on him as well. nificent 20-foot cherry spruce tree that After Abraham exited the structure to ask Much as the tree reached its adult size, Rebecca hopes will bring a joyful light his father a question, a chimney crumbled Jacob would have been 22 years old this year. and collapsed on top of young Jacob. However, his legacy has managed to live on to the community on Fountain Square. in other ways as well. ‘‘Over the years, it just grew and A parent’s worst nightmare had come to pass—and during the holiday season meant After Jacob’s death, Buis decided to donate grew,’’ she says. ‘‘It’s a beautiful, well- to be a happy time for families. his corneas and heart valves to help save the rounded tree and would make a won- The memories remain painful to this day. lives of other individuals. ‘‘(Christmas) is a derful Christmas tree.’’ ‘‘They couldn’t find my son underneath the time of giving,’’ she said, noting that Jacob’s On December 3, Jacob’s Tree was bricks,’’ recalled Buis, who still finds herself untimely passing was able to give hope to scheduled to be lit for the first time in overcome with emotion when talking about others. Fountain Square in a special tree- the incident. ‘‘They had to pull them off ‘‘I received letters telling me that one of lighting ceremony during this year’s brick by brick until they found him.’’ Jacob’s corneas went to a child who was born with a birth defect, and another went to an annual Christmas parade. In the spirit According to then-county coroner Alan Stringer, Jacob died of multiple skull frac- older man in his 60s with an eye injury from of the season, Jacob’s family hopes tures as a result of the toppled bricks. Buis a work accident,’’ said Buis. ‘‘His heart that the community will come to- noted that Jacob’s neck was broken imme- valves also went to adults. I didn’t realize gether around the tree and share in its diately, which meant that death came quick- how important heart valves were to people joy. ‘‘Christmas is a time of giving,’’ ly. This and the fact that Abraham survived who need them (until then).’’ Rebecca said. provided the only sources of solace in that ‘‘It’s a hard decision to make because you The story of Jacob’s Tree and the terrible time. have to make it quickly,’’ she added, refer- selflessness of the Akin family is truly ‘‘My worry was that he suffered, and they ring to the decision to donate Jacob’s or- inspirational. I would like to extend told me he had not,’’ said Buis. ‘‘ I’m lucky gans. ‘‘You can’t think about it for days. You have to know at the time of death, and my personal blessing to Jacob’s moth- in the sense that I felt like God could have taken both my boys that day, playing in the it’s a very hard time.’’ er, Rebecca Buis, his father, David house together. I could have lost them Just as Jacob’s body was donated to bring Akin, and his brother, Abraham Akin, both.’’ a new light of hope to those in need, his spir- this holiday season. And I ask my Sen- Still, the holiday season was unalterably it remains in the tree that has now been do- ate colleagues to join me in wishing affected for Buis and her family. nated to bring a similarly joyful light to the the family a very Merry Christmas and ‘‘I wasn’t able to focus on Christmas at community. a Happy New Year. It is my hope that all,’’ said Buis. ‘‘We didn’t put up a tree that ‘‘It’s a beautiful tree,’’ said Buis. ‘‘It’s the tree brings them comfort, and that year.’’ well-rounded and would make a wonderful For one thing, Buis felt like she had to Christmas tree.’’ it shine especially bright in honor of stay strong for her other son’s sake. The ne- Citizens can see ‘‘Jacob’s Tree’’ lit for the young Jacob. cessity of putting on a brave face took its first time on December 3. The annual Christ- The Commonwealth Journal, a Som- own toll on the devastated mother. mas parade, sponsored and organized by the erset-area publication, recently pub- ‘‘You have to carry on because you have Chamber of Commerce, begins at 5 p.m. with lished an article telling the story of Ja- two children,’’ she said. ‘‘Kids grieve dif- the tree lighting activities set for 7 p.m.

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00036 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19221 As a Chamber Ambassador, Buis is looking countries. America should continue to power from Southern California Edi- forward to the yearly festivities that are so lead in the high-tech sector by pre- son, the Los Angeles Department of beloved by locals—but especially since she paring students to take these well-pay- Water and Power, or members of the will get to see that special memorial to her ing jobs. This legislation would Southern California Public Power son shining in all its glory. ‘‘I just hope that (those who see it) will strengthen computer science education Agency. enjoy the tree and that it will be beautifully in elementary and high schools by en- Hoover’s power also plays an essen- decorated,’’ said Buis. ‘‘I hope that people suring that students not only use tech- tial role moving water into parched will get a warm feeling from the tree, and nology but also learn the technical and populous southern California. know that it’s given in a good spirit.’’ skills needed to work in computer The Metropolitan Water District uses f science and grow our economy. Hoover’s power to move its 550,000 Computer Science Education Week acrefeet annual allocation of water COMPUTER SCIENCE EDUCATION from the Colorado River, over five WEEK will help to increase the interest of students who will invent the next mo- desert mountain ranges, to Los Ange- Mr. CASEY. Mr. President, I rise bile technology or start the next tech- les. today to speak about Computer nology company. This week was estab- Without Hoover’s power, the Metro- Science Education Week, which began lished in 2009 by the Computing in the politan Water District’s cost of moving on December 4, 2011, and continues Core Coalition, a group of organiza- that water would be inordinately more until December 10, 2011. This celebra- tions, companies, and scientific soci- expensive. tion includes events in my home State eties that strive to advocate for com- And if California rate payers had to of Pennsylvania that advance the puter science as a core academic sub- buy that much power at market rates teaching and learning of computer ject. Computer Science Education instead of Hoover Dam’s 2.5 cents per science. These activities help to engage Week coincides with the birthday of kilowatt hour cost of production, it students and build their interest in a Grace Murray Hopper, a pioneer in would cost approximately $180 million field that promises good jobs in a rap- computer science, who was born on De- more each year. And that power would likely come idly expanding sector. The week also cember 9, 1906. She rose to the rank of from dirtier, more distant sources, in- draws attention to the critical need for rear admiral in the U.S. Navy, engi- cluding coal plants. strong computer science education in neered new programming languages our schools. Instead, continued access to Hoover’s and developed standards for computer low-cost, renewable hydropower will E-mails, text messages, financial systems that laid the foundation for transactions, cell phone calls and doc- keep rates low as California’s utilities many computer science advances. bring on new, more expensive renew- tor’s visits are just a few of the activi- The economy of the future and the able power to comply with the State’s ties that rely on computer science. In jobs that will accompany it demand 33-percent renewable portfolio stand- the last 20 years, we have undergone a that we prepare our students to remain technological revolution that has ard. competitive as leaders in the high-tech The legislation also sets up a process transformed industry, created entirely global marketplace. For that reason, I new segments of the economy, and through which new power recipients in urge my colleagues to join me in recog- California will be determined by the transformed our daily lives. Pennsylva- nizing Computer Science Education nia’s high-tech industry has played a Western Area Power Administration. Week and to cosponsor the Computer As explained in the House committee crucial role in this growth, and we Science Education Act. report accompanying this bill, Con- must prepare the next generation to f gress expects the agency to conduct an continue innovating. The events of open hearing and review the process to Computer Science Education Week HOOVER POWER ALLOCATION ACT determine power allocations fairly and help to build momentum for students Mrs. FEINSTEIN. Mr. President, I equitably. to learn computer science. rise today to speak about the impor- The process should provide the oppor- In Pittsburgh, Carnegie Mellon Uni- tance of the Hoover Power Allocation tunity for irrigation districts, rural versity, which boasts one of the best Act of 2011, of which I am a cosponsor. electric cooperatives, and other eligi- computer science and informatics pro- This legislation passed the Congress ble entities to receive allocations. grams in the country, will host high after a multiyear effort led by Senator Congress also expects that Western school students and expose them to the HARRY REID, the bill’s lead author, and Area Power Administration will evalu- multitude of academic and professional I thank him for his work. ate the relevant power requests of po- opportunities in computer science. At Upon enactment, Californians will be tential new Hoover power recipients in Emmaus High School in Emmaus, able to continue buying Hoover Dam’s an open, thorough, and transparent young people will demonstrate pro- power at the cost of production for the process to assess both the applicants’ grammable robots and hear from alum- next 50 years. power needs and the classes of cus- ni who have successfully pursued ca- The legislation allows the people of tomers they serve. reers in computer science, all while southern California whose local gov- The agency should make allocation honoring computing pioneer Grace ernments and utilities signed the 50- determinations in an impartial, unbi- Hopper with a birthday cake. Even the year contracts that made building Hoo- ased, and objective manner, consistent White House is celebrating Computer ver Dam possible to receive 56 percent with State and Federal preference Science Education Week by honoring of the energy produced by the dam for standards, and in a way that provides the week’s organizers and representa- another five decades. the most benefit to the most Califor- tives of the Computer Science Teachers For the people of my State, the Hoo- nians. Association as ‘‘Champions of Change.’’ ver Dam has been a consistent supply My colleagues and I also expect that I have introduced S. 1614, the Com- of affordable, pollution-free power for the process and analytical results will puter Science Education Act, to help decades. The Hoover Dam is one of the be documented and made available for students develop the skills to compete largest power plants in the United review. for the growing number of jobs in com- States, with a capacity of 2,080 Finally, no discussion of Hoover Dam puter science. Our Nation’s economy megawatts approximately the size of would be complete without acknowl- and security depend upon computing each of California’s nuclear power- edging efforts to protect endangered professionals, but the current pipeline plants. species. of graduates will satisfy only 52 per- Its average production between 1999 Hoover contractors have committed cent of the more than 1.4 million com- and 2008 was about 4.2 billion kilowatt- to providing more than $150 million puting job openings expected by 2018. hours per year, approximately 2.4 bil- over 50 years to support the Lower Col- The other 48 percent of these jobs will lion kilowatt hours of which goes to orado River Multi-Species Conserva- either go unfilled or move to other southern Californians who buy their tion Program for the protection of 26

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I congratulate Senators LEAHY and MSCP was enacted in the 111th Con- She joined the staff of the Senate Se- CRAPO for their hard work and leader- gress and signed into law on March 30, lect Committee on Intelligence in 1995, ship on this bill. 2009. as the Committee’s receptionist, where I am particularly appreciative that I thank the parties for reaching this once again her calm and friendly ap- Senators LEAHY and CRAPO have in- agreement. proach and knowledge of the Capitol cluded the Saving Money and Reducing The Hoover Dam is an American suc- served her well. In 2000, Lorelei decided Tragedies through Prevention Act of cess story. And it is a renewable energy to pursue one of her dreams and she 2011, or the SMART Prevention Act, success story. moved to a beautiful home in a little which I previously introduced, within During the depths of the Great De- town in Vermont. As a Californian, I the Violence Against Women Reauthor- pression, Americans stepped forward to think it is safe to say that although ization Act. help build one of the great engineering beautiful, the winters in Vermont leave Far too many teens suffer abuse at marvels of all time. something to be desired. Thanks to the hands of a dating partner. Accord- Between 1931 and 1936, our Nation that New England winter, Lorelei de- ing to the Centers for Disease Control, made a massive effort involving thou- cided she needed to thaw out and she for example, 1 in 10 teenagers reported sands of workers more than 100 of soon returned to Washington. Through being hit or physically hurt on purpose whom lost their lives to build a power- a combination of good luck and timing, by a boyfriend or girlfriend at least plant unlike anything the world had the Committee was able to have Lore- once in the past year. The SMART Pre- ever seen. lei join the Committee staff again, at vention Act will support innovative Many in Congress at the time argued the end of 2001. and effective programs to protect our the cost of Hoover Dam was too high. She has served for the last 10 years children from this dangerous abuse. Earlier this year, as chairman of the They argued that government should on the Committee’s staff, including for Senate Judiciary Committee’s Sub- not be making such large investments the last 5 years as our security assist- committee on Crime and Terrorism, I in infrastructure. ant, making sure that classified docu- held a field hearing in my home State They opposed efforts to invest in an ments are logged and distributed ap- on ‘‘Preventing Teen Violence: Strate- unproven energy technology like hy- propriately, handling classified cor- gies for Protecting Teens from Dating dropower. respondence, and keeping track of the Violence and Bullying.’’ With hundreds The debate was strikingly similar to secrets entrusted to the Committee. of students from Tolman High School debates we are having in this body It is the Intelligence Committee’s in Pawtucket, RI, in the audience, today. constitutional responsibility to oversee prominent advocates and experts testi- Luckily for the people of California, the intelligence activities of our na- fied about the importance of edu- believers in American infrastructure tion. Through her many years of serv- cational and community programs in and technology won the Hoover Dam ice on the Committee, Lorelei has preventing dating violence among debate. made a quiet but critical contribution teenagers. The U.S. Congress provided Federal to this effort. For that, I thank her. The witnesses explained that teen funds, but only after the Department of Though Lorelei will be leaving, the dating violence remains a serious prob- the Interior arranged power contracts Shepard family still remains a part of lem, but that we can take important at prices sufficient to both, No. 1, cover the Senate community. Lorelei’s preventive measures. Ann Burke, a the operating and maintenance charges daughter, Lori, and son, Peter, have leading national advocate, explained and, No. 2 repay the capital appro- followed in their mother’s footsteps that school-based teen dating violence priated by the U.S. Congress within 50 and both work in the Senate today. prevention programs, especially those years. This is quite a testament to their fam- focused on middle schools, have proven When the communities and utilities ily’s commitment and dedication to effective in changing behaviors. The of California, led by the City of Los An- our nation and one for which they Lindsay Ann Burke Act, named in geles, stepped forward to sign those should be proud. memory of Ann’s daughter, a victim of contracts, construction began. I wish Lorelei all the best as she re- dating violence, supports abuse edu- As the years have passed, the invest- tires and eventually returns to cation programs for teens in Rhode Is- ment has been repaid and the wisdom Vermont. I know she will enjoy the land. Since its passage, physical teen of Congress’s decision has become ap- new-found time she will have to pursue dating violence rates in our State have parent. her love of quilting, writing and the decreased from 14 percent in 2007 to 10 And now we have enacted a law that myriad of other talents with which she percent in 2009. continues the legacy of Hoover Dam. has been blessed. These preventive measures are most I thank the generations before us for On behalf of the Intelligence Com- effective when part of a community- having the foresight to fund the Hoover mittee, many thanks Lorelei, best wide approach. As Kate Reilly, the ex- Dam, and I hope we can again rekindle wishes, and stay warm. ecutive director of the Start Strong the spirit and invest in America. f Rhode Island Project, explained at the f VIOLENCE AGAINST WOMEN hearing, effective prevention programming should not be limited to schools RECOGNIZING LORELEI SHEPARD REAUTHORIZATION ACT alone, but should ‘‘meet kids where Mrs. FEINSTEIN. Madam President, Mr. WHITEHOUSE. Madam Presi- they live and play.’’ That requires in- I rise today to recognize and thank Ms. dent, I rise to speak in support of the volving parents, coaches, mentors, and Lorelei Shepard, who will be retiring Violence Against Women Reauthoriza- teen and community leaders, as well as from the United States Senate at the tion Act of 2011, which I am pleased to using new technology and social media end of the year. Lorelei began her ca- cosponsor today. As attorney general in innovative ways. reer on the Hill in 1993, working for the of Rhode Island, I saw firsthand the One group of children needs par- Secretary of the Senate as an elevator good work the Violence Against ticular attention: children who have operator in the Capitol. She eventually Women Act, VAWA, has done to pro- witnessed abuse in their home. Debo- became a supervisor where she was re- tect victims of domestic violence, to rah DeBare, the executive director of sponsible for managing the weekly provide crucial services to those in the Rhode Island Coalition Against Do- schedule of 20 operators and super- need, and to hold batterers account- mestic Violence, explained at the hear- vising their day to day duties. Her able. The VAWA Reauthorization Act ing that ‘‘growing up in a violent home pleasant demeanor and calm nature builds on that record of success and may . . . lead to higher risks of repeat- served her well as she guided and deliv- makes important updates to strength- ing the cycle of abuse as teens and

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In ate a new grant program within VAWA final chapter of the Arab Spring has the spirit of the Universal Declaration to support dating violence education not yet been written, and nothing can of Human Rights, I once again urge programs targeting young people, with be taken for granted. President Nazarbayev to review his a particular focus on middle school stu- Progress in this field is not nec- case and to release him. dents. The bill would also support pro- essarily linear. As Ronald Reagan said Thank you. grams to train those with influence on in his inaugural address, ‘‘Freedom is a f youth, including parents, teachers, fragile thing and is never more than TRIBUTE TO JOAN MCKINNEY coaches, older teens, and mentors. The one generation away from extinction.’’ new teen dating violence prevention I believe it is especially critical, at Ms. LANDRIEU. Madam President, I program would be coordinated with ex- this historic moment, for the United rise today to pay tribute to Joan isting grant programs focused on pre- States to remain vigilant in the protec- McKinney, who has been a beloved and vention, including a program directed tion and promotion of human rights— respected mainstay of the Senate Press at children who have witnessed vio- abroad and at home. Gallery for almost 40 years. lence and abuse. By requiring coordina- Overseas, the United States must Joan retired recently after a decade tion with these programs, and focusing continue to use our voice to speak on of service on the Press Gallery staff. resources on prevention, the SMART behalf of those silenced by brutal re- Prior to that, she served the people of 1 Prevention Act is also smart policy fis- gimes. We must continue to lift up my home State of Louisiana for 2 ⁄2 cally. Abuse that is prevented reduces those who cannot stand on their own. decades as Washington correspondent the strain on our already overburdened And while we must inevitably pursue a for the Baton Rouge Advocate. health and education systems. multifaceted foreign-policy that ad- Joan is originally from Greenville, New laws in several States, as well as vances American goals in a broad range SC, and is a graduate of Winthrop Col- innovative and hard-working organiza- of areas including hard security and lege. She came to Washington in 1971 tions such as the Lindsay Ann Burke the economy, we must never treat to work on the press staff of our dear Memorial Fund and the Katie Brown human rights as something expendable. colleague Senator Fritz Hollings. Educational Program in New England, I take particular note of the coun- As her career advanced, she chose to have demonstrated how effective such tries that stand shoulder to shoulder return to journalism, working first as a prevention programs can be, so now is with us in that effort. I welcome Polish reporter for the Greenville News, where the time for Congress to act. Foreign Minister Radek Sikorski’s call her father served as editor, and then I again thank Senators LEAHY and for a ‘‘European endowment for democ- for another paper from my home state, CRAPO for their leadership in reauthor- racy,’’ similar to the National Endow- the Shreveport Journal. izing the Violence Against Women Act. ment for Democracy which the United Joan was hired away by the Advocate I look forward to working with them States has supported since 1983. I com- when she continually beat the Advo- and other Senators from both sides of mend Poland for the leadership it has cate’s reporter—who happened to be the aisle toward a country that is free shown on human rights issues during the son of the publisher—on stories. I from dating and domestic violence. its presidency of the European Union. came to know and respect Joan during our many hallway meetings that so f In all of these efforts, the role of civil society remains critical. On the 50th often occur between Members and the INTERNATIONAL HUMAN RIGHTS anniversary of the adoption of the Uni- press. I also had the great fortune of DAY versal Declaration of Human Rights, getting to know her as a person and as Mr. CARDIN. Madam President, I the United Nations adopted a declara- a friend. rise today to mark International tion on the rights of human rights de- In her tenure as the Advocate’s con- Human Rights Day, a day which cele- fenders. They are the first line of de- gressional correspondent, Joan came to brates the adoption of the Universal fense and they often pay the highest be well respected by members of the Declaration on Human Rights by the price. Louisiana delegation from both par- UN General Assembly on December 10, There are, unfortunately, too many ties. The Members from my State knew 1948. cases of human rights defenders who her as fair-handed and tough, and most In the immediate after math of World are imprisoned, persecuted or worse, of all, that there was nothing, nothing War II, and reacting with revulsion to for me to raise them all here. But I that could get by her. the horrors of that global war and the would like to mention one in particular Through her work, Joan became an Holocaust, the community of nations that maybe emblematic of many oth- expert on the intricacies of the Senate organized itself with the goal of pro- ers: the case of Evgenii Zhovtis, and the Supreme Court. She took this tecting international peace and secu- Kazakhstan’s most well-known human knowledge with her into her role as a rity. Although the United Nations rights activist. member of the Senate daily press gal- founding Charter recognized the pro- Zhovtis is the Director of the lery staff. I know her Senate acumen tection of human rights as one of the Kazakhstan International Bureau for on the institution and its procedure UN’s most basic purposes, it was quick- Human Rights and Rule of Law and was of great value to the reporters ly recognized that it would be nec- even a member of the OSCE Office for roaming the gallery who relied on her essary to further elaborate these fun- Democratic Institutions and Human for deep insight about the Chamber damental freedoms in order to ensure Rights’ panel of experts on freedom of they cover. their protection. The resulting docu- assembly. But he was involved in a Joan, who has won reporting awards ment—the Universal Declaration of tragic car accident in which a pedes- from the South Carolina and Louisiana Human Rights—has since served as the trian was killed and, after a trial wide- press associations, is a longtime mem- foundation upon which all other human ly condemned for lacking due process, ber of the elite Gridiron Club of news- rights work at the international level he was sentenced in 2009 to 4 years in paper writers. She was one of the first has stood. It remains to this day an en- prison. women to become a member. during guide for human rights advo- A year ago, at the OSCE Summit in I know that one of Joan’s biggest in- cates around the globe. Astana, civil society activists called terests is dance, something I am told This has been an exciting and dra- for Zhovtis’ release. As one NGO par- she plans to be very active with in re- matic year that will be remembered for ticipant remarked: tirement. Long before ‘‘American Idol’’

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00039 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19224 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 and ‘‘So You Think You Can Dance,’’ tions. It allows companies to raise up I would like to extend my sincere Joan was an excellent competitive to $1 million each year from ordinary thanks and appreciation to Kati for all dancer. Her specialty is Shag, a re- Americans. It provides more disclosure, of the fine work she has done and wish gional dance popular in the Carolinas. more accountability and accuracy, and her continued success in the years to This year, Joan won her first na- limits the exposure of any individual come. tional Shag championship. With more investor. f time to practice, I am sure more dance I thank my colleague Senator BEN- TRIBUTE TO MICHELLE MATTHIES titles are on the way. NET for joining me in this effort, and I For those of us who have been fortu- hope to partner with more of my col- Mr. THUNE. Madam President, today nate to work with Joan, it is almost leagues to move this idea forward in I recognize Michelle Matthies, an in- impossible to imagine the Press Gal- the days to come. tern in my Sioux Falls, SD, office, for all of the hard work she has done for lery without her. But I know I join the f entire Senate press corps in wishing me, my staff, and the State of South Joan the best as she embarks on this TRIBUTE TO CHRISTOPHER L. Dakota over the past several months. new adventure in her life. CUGINI Michelle is a graduate of Parker High School in Parker, SD. Currently, she is Joan, thank you for sharing with this Mr. THUNE. Madam President, today institution and our entire country your attending Augustana College, where I recognize Christopher L. Cugini, an she is majoring in English and sec- knowledge, experience and good heart. intern in my Washington, DC, office, All of us are better as a result of your ondary education. She is a hard worker for all of the hard work he has done for who has been dedicated to getting the service to the best ideals of our democ- me, my staff, and the State of South racy. most out of her internship experience. Dakota over the past several months. I would like to extend my sincere f Chris is a graduate of Glen Oak High thanks and appreciation to Michelle CROWDFUNDING School in Canton, OH. Currently, he is for all of the fine work she has done attending the University of Mount Mr. MERKLEY. Mr. President, I rise and wish her continued success in the Union in Alliance, OH, where he is ma- years to come. today to address a promising new idea joring in communication. He is a hard for investors and small businesses: worker who has been dedicated to get- f crowdfunding. ting the most out of his internship ex- ADDITIONAL STATEMENTS In recent years, small businesses and perience. startup companies have struggled to I would like to extend my sincere raise capital. The traditional methods REMEMBERING ELDEN HUGHES thanks and appreciation to Chris for of raising capital have become increas- all of the fine work he has done and ∑ Mrs. BOXER. Madam President, last ingly out of reach for many startups wish him continued success in the weekend California and the Nation lost and small businesses. There is another years to come. one of our great environmental cham- option, but Congress must act to au- pions when Elden Hughes died at his thorize it and provide for appropriate f desert home in Joshua Tree, CA, at age safeguards. TRIBUTE TO ROBERT CUYLER 80. Low-dollar investments from ordi- HASKINS As a longtime activist with the Si- nary Americans may help fill the void, erra Club and former president of its Mr. THUNE. Madam President, today providing a new avenue of funding to Angeles Chapter, Elden led successful I recognize Robert Cuyler Haskins, an the small businesses that are the en- campaigns to protect California’s wild intern in my Washington, DC, office, gine of job creation. The CROWDFUND rivers and preserve the historic Union for all of the hard work he has done for Act would provide startup companies Pacific Railroad depot in the desert me, my staff, and the State of South and other small businesses with a new town of Kelso, CA. way to raise capital from ordinary in- Dakota over the past several months. But Elden Hughes is best known and vestors in a more transparent and reg- Cuyler is a graduate of L.D. Bell High fondly remembered as one of the tire- ulated marketplace. School in Hurst, TX. Currently, he is less leaders of the long grassroots ef- The promise of crowdfunding is that attending Texas Christian University fort to enact the 1994 California Desert investments in small amounts, made in Fort Worth, TX, where he is major- Protection Act, which created a new through transparent online forums, can ing in political science. He is a hard national park in the Eastern Mojave allow the ‘‘wisdom of the crowd’’ to worker who has been dedicated to get- Desert and established higher levels of provide funding for small, innovative ting the most out of his internship ex- protection for Death Valley, Joshua companies. It allows ordinary Ameri- perience. Tree, and other desert lands. cans to get in on the ground floor of I would like to extend my sincere Elden was born in 1931 in Whittier, the next big idea. It is American thanks and appreciation to Cuyler for CA, the son of cattle farmers from entrepreneurism at its best, which is all of the fine work he has done and Modoc County. When he was 13, the why it has the support of the President wish him continued success in the family moved out of town and bought a and many in the business community. years to come. ranch where Elden made enough money That said, there are real risks of in- f raising hogs to buy an old car and vestment losses at a rate far beyond or- begin a lifetime of exploring Califor- dinary investing. Crowdfunding, if done TRIBUTE TO KATI M. SEYMOUR nia’s wild places. After earning his way without proper oversight, provides sig- Mr. THUNE. Madam President, today through college, he worked in the fam- nificant opportunity for fraud. Indeed, I recognize Kati M. Seymour, an intern ily plumbing supply business, which he it was not too long ago that our finan- in my Washington, DC, office, for all of then sold to become the executive vice cial regulators were doing daily battle the hard work she has done for me, my president of a major computer service with scam artists pitching huge re- staff, and the State of South Dakota company. turns on fraudulent schemes through over the past several months. Elden’s interest in river-running, spe- small, unregistered securities. Kati is a graduate of Jones County lunking, archaeology, nature photog- That is why the CROWDFUND Act High School in Murdo, SD. This past raphy, and the desert led him to join will tap the opportunity of crowd- August, Kati graduated from Sinte Sierra Club expeditions and gradually funding while reducing the risks. Gleska University in Mission, SD, become involved in the club’s conserva- The CROWDFUND Act provides a where she majored in English and tion activities. In the early 1980s, he capital-raising alternative for startups American history. She is a hard worker led a grassroots letter-writing cam- and other small businesses, while not who has been dedicated to getting the paign that convinced California Sen- undercutting essential investor protec- most out of her internship experience. ator Pete Wilson to sponsor ‘‘wild and

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In the late ENROLLED BILLS SIGNED 1980s, Elden led the successful ‘‘three ther allocate and expand the availability of At 9:39 a.m., a message from the hydroelectric power generated at Hoover rivers campaign’’ that obtained wild House of Representatives, delivered by Dam, and for other purposes. and scenic designations for portions of Mrs. Cole, one of its reading clerks, an- ENROLLED BILLS SIGNED the Kings, Kern, and Merced Rivers. nounced that the Speaker has signed At 4:40 p.m., a message from the Elden worked with Congressman the following enrolled bills: House of Representatives, delivered by JERRY LEWIS to save the historic Kelso S. 1541. An act to revise the Federal char- Mr. Novotny, one of its reading clerks, Depot, in what was then the Eastern ter for the Blue Star Mothers of America, announced that the Speaker has signed Mojave National Scenic Area. Showing Inc. to reflect a change in eligibility require- the following enrolled bills: ments for membership. their usual flair and creativity, Elvin S. 1639. An act to amend title 36, United S. 535. An act to authorize the Secretary of and his wife Patty galvanized public States Code, to authorize the American Le- the Interior to lease certain lands within opinion on the depot issue by con- gion under its Federal charter to provide Fort Pulaski National Monument, and for guidance and leadership to the individual de- other purposes. vincing Amtrak to run a special S. 683. An act to provide for the convey- partments and posts of the American Legion, ‘‘Desert Wind’’ train from Los Angeles ance of certain parcels of land to the town of and for other purposes. to Kelso, where Elden led the crowd in Mantua, Utah. singing railroad songs. The enrolled bills were subsequently The enrolled bills were subsequently signed by the President pro tempore signed by the President pro tempore In 1986, as the new chair of the Sierra (Mr. INOUYE). Club Angeles Chapter, Elden was in- (Mr. INOUYE). vited to attend a press conference on At 1:03 p.m., a message from the f the introduction of the first Desert House of Representatives, delivered by MEASURES REFERRED Bill, authored by Senator Alan Cran- Mr. Novotny, one of its reading clerks, The following bills were read the first ston. He brought along some of his announced that the House has passed and the second times by unanimous the following bills, in which it requests photos of the Mojave and was soon consent, and referred as indicated: leading a group of amateur photog- the concurrence of the Senate: H.R. 10. An act to amend chapter 8 of title H.R. 10. An act to amend chapter 8 of title raphers on a 2-year project cataloguing 5, United States Code, to provide that major 5, United States Code, to provide that major the fragile beauty of this unique nat- rules of the executive branch shall have no rules of the executive branch shall have no ural area. force or effect unless a joint resolution of ap- force or effect unless a joint resolution of approval is enacted into law; to the Committee In 1990, Elden retired from business proval is enacted into law. on Homeland Security and Governmental Af- H.R. 944. An act to eliminate an unused to become the west coast spokesman fairs. for the Desert Bill. He was a natural, lighthouse reservation, provide management H.R. 944. An act to eliminate an unused and the media loved him. As Frank consistency by incorporating the rocks and lighthouse reservation, provide management small islands along the coast of Orange Wheat noted in his book ‘‘California consistency by incorporating the rocks and County, California, into the California small islands along the coast of Orange Desert Miracle,’’ Elden was also Coastal National Monument managed by the ‘‘knowledgeable, quotable, pleasant to County, California, into the California Bureau of Land Management, and meet the Coastal National Monument managed by the be with, and willing to go to great original Congressional intent of preserving Bureau of Land Management, and meet the lengths to show members of the press Orange County’s rocks and small islands, original Congressional intent of preserving what the Desert Bill was intended to and for other purposes. Orange County’s rocks and small islands, H.R. 1254. An act to amend the Controlled protect. Soon he was drawing reporters and for other purposes; to the Committee on Substances Act to place synthetic drugs in as a lamp draws moths.’’ Energy and Natural Resources. Schedule I. H.R. 1021. An act to prevent the termi- H.R. 1560. An act to amend the Ysleta del Meanwhile, Elden and Patty had nation of the temporary office of bankruptcy Sur Pueblo and Alabama and Coushatta In- adopted a pair of abandoned pet tor- judges in certain judicial districts; to the dian Tribes of Texas Restoration Act to toises and successfully bred a new fam- Committee on the Judiciary. allow the Ysleta del Sur Pueblo Tribe to de- H.R. 1254. An act to amend the Controlled ily. When the babies were 5 months old, termine blood quantum requirement for Elden and Patty took them on a cross- Substances Act to place synthetic drugs in membership in that tribe. Schedule I; to the Committee on the Judici- country tour to raise media and public H.R. 2351. An act to direct the Secretary of ary. interest in protecting the desert tor- the Interior to continue stocking fish in cer- H.R. 1560. An act to amend the Ysleta del toise. Over the years, they made nine tain lakes in the North Cascades National Sur Pueblo and Alabama and Coushatta In- trips to Washington, DC, to gain con- Park, Ross Lake National Recreation Area, dian Tribes of Texas Restoration Act to and Lake Chelan National Recreation Area. allow the Ysleta del Sur Pueblo Tribe to de- gressional support for the Desert Bill. H.R. 2360. An act to amend the Outer Con- Once, when an airline security guard termine blood quantum requirement for tinental Shelf Lands Act to extend the Con- membership in that tribe; to the Committee told them they couldn’t bring pet tor- stitution, laws, and jurisdiction of the on Indian Affairs. toises on the plane, Patty said, ‘‘They United States to installations and devices H.R. 2351. An act to direct the Secretary of aren’t pets, they’re lobbyists.’’ attached to the seabed of the Outer Conti- the Interior to continue stocking fish in cer- nental Shelf for the production and support tain lakes in the North Cascades National Finally, in 1994, Congress passed the of production of energy from sources other Park, Ross Lake National Recreation Area, California Desert Protection Act, and I than oil and gas, and for other purposes. and Lake Chelan National Recreation Area; was proud to cosponsor this bill with The message also announced that the to the Committee on Energy and Natural Re- Senator FEINSTEIN. Elden Hughes was House has passed the following bills, sources. instrumental in passing this landmark without amendment: H.R. 2360. An act to amend the Outer Con- tinental Shelf Lands Act to extend the Con- legislation. Today, the Mojave Na- S. 535. An act to authorize the Secretary of stitution, laws, and jurisdiction of the tional Preserve and the Kelso Depot the Interior to lease certain lands within United States to installations and devices Fort Pulaski National Monument, and for stand as monuments to this joyous, attached to the seabed of the Outer Conti- other purposes. creative, and inexhaustible man who nental Shelf for the production and support S. 683. An act to provide for the convey- did so much to protect California’s of production of energy from sources other ance of certain parcels of land to the town of than oil and gas, and for other purposes; to priceless natural heritage. Mantua, Utah. the Committee on Energy and Natural Re- On behalf of the people of California, The message further announced that sources. who have benefitted so much from the House has agreed to the following f Elden’s life work, I send my deepest concurrent resolution, without amend- gratitude and condolences to his wife ment: ENROLLED BILLS PRESENTED Patty; his sons, Mark, Paul, and S. Con. Res. 32. Concurrent resolution to The Secretary of the Senate reported Charles; and his three grandchildren.∑ authorize the Clerk of the House of Rep- that on today, December 8, 2011, she

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An act to amend title 36, United tions, to create a new Mortgage Finance Agency for the securitization of single fam- 1930 to clarify the definition of aircraft and States Code, to authorize the American Le- the offenses penalized under the aviation gion under its Federal charter to provide ily and multifamily mortgages, and for other purposes; to the Committee on Banking, smuggling provisions under that Act, and for guidance and leadership to the individual de- other purposes; considered and passed. partments and posts of the American Legion, Housing, and Urban Affairs. By Mr. DEMINT (for himself, Mr. COR- and for other purposes. By Ms. STABENOW (for herself and NYN, Mr. VITTER, Mr. TOOMEY, Mr. Mr. PORTMAN): f S. 1964. A bill to amend the Internal Rev- RISCH, Ms. AYOTTE, Mr. JOHNSON of REPORTS OF COMMITTEES enue Code of 1986 to exempt from the harbor Wisconsin, Mr. LEE, Mr. PAUL, Mr. maintenance tax certain commercial cargo BLUNT, Mr. HATCH, Mr. BOOZMAN, Mr. The following reports of committees loaded or unloaded at United States ports in GRAHAM, Mr. KYL, Mrs. HUTCHISON, were submitted: the Great Lakes Saint Lawrence Seaway Mr. CRAPO, Mr. INHOFE, Mr. BAR- By Mrs. BOXER, from the Committee on System; to the Committee on Finance. RASSO, Mr. CHAMBLISS, Mr. COBURN, Environment and Public Works, with an By Mr. MORAN (for himself and Mr. Mr. THUNE, Mr. BURR, Mr. HELLER, amendment in the nature of a substitute: WARNER): Mr. RUBIO, Mr. JOHANNS, and Mr. S. 1400. A bill to restore the natural re- S. 1965. A bill to jump-start economic re- SESSIONS): sources, ecosystems, fisheries, marine and covery through the formation and growth of S. 1975. A bill to repeal the authority to wildlife habitats, beaches, and coastal wet- new businesses, and for other purposes; to provide certain loans to the International lands of Gulf Coast States, to create jobs and the Committee on Finance. Monetary Fund, to prohibit loans to enable revive the economic health of communities By Ms. AYOTTE (for herself, Mr. the Fund to provide financing for European adversely affected by the explosion on, and BEGICH, Mr. VITTER, and Mr. RUBIO): financial stability and to oppose the provi- sinking of, the mobile offshore drilling unit S. 1966. A bill to direct the Secretary of sion of such financing, and for other pur- Deepwater Horizon, and for other purposes Homeland Security to reform the process for poses; to the Committee on Foreign Rela- (Rept. No. 112–100). enrolling, activating, issuing, and renewing tions. By Mr. LEAHY, from the Committee on Transportation Worker Identification Cre- By Ms. COLLINS (for herself and Mr. the Judiciary, with an amendment: dentials so that applicants are not required COONS): S. 678. A bill to increase the penalties for to visit a designated enrollment center more S. 1976. A bill to authorize educational as- economic espionage. than once; to the Committee on Commerce, sistance under the Armed Forces Health Pro- By Mr. LEAHY, from the Committee on Science, and Transportation. fessions Scholarship program for pursuit of the Judiciary, without amendment: By Mr. JOHNSON of South Dakota (for advanced degrees in physical therapy and oc- S. 1886. A bill to prevent trafficking in himself and Mr. COCHRAN): cupational therapy; to the Committee on counterfeit drugs. S. 1967. A bill to amend title XVIII of the Armed Services. f Social Security Act to provide for the treat- By Mr. SANDERS (for himself and Mr. ment of certain physician pathology services BEGICH): EXECUTIVE REPORTS OF under the Medicare Program; to the Com- S.J. Res. 33. A joint resolution proposing COMMITTEES mittee on Finance. an amendment to the Constitution of the By Mr. WARNER (for himself and Mr. United States to expressly exclude for-profit The following executive reports of KIRK): corporations from the rights given to nat- nominations were submitted: S. 1968. A bill to require the Secretary of ural persons by the Constitution of the By Mr. ROCKEFELLER for the Committee Transportation to establish a pilot program United States, prohibit corporate spending on Commerce, Science, and Transportation. to increase accountability with respect to in all elections, and affirm the authority of *Rebecca M. Blank, of Maryland, to be outcomes of transportation investments, and Congress and the States to regulate corpora- Deputy Secretary of Commerce. for other purposes; to the Committee on tions and to regulate and set limits on all *Ajit Varadaraj Pai, of Kansas, to be a Commerce, Science, and Transportation. election contributions and expenditures; to Member of the Federal Communications By Ms. STABENOW (for herself and the Committee on the Judiciary. Commission for a term of five years from Mr. MENENDEZ): f July 1, 2011. S. 1969. A bill to amend title XI of the So- *Jessica Rosenworcel, of Connecticut, to be cial Security Act to improve the quality, SUBMISSION OF CONCURRENT AND a Member of the Federal Communications health outcomes, and value of maternity SENATE RESOLUTIONS Commission for a term of five years from care under the Medicaid and CHIP programs July 1, 2010. by developing a maternity care quality The following concurrent resolutions *Jon D. Leibowitz, of Maryland, to be a measurement program, evaluating mater- and Senate resolutions were read, and Federal Trade Commissioner for a term of nity care home models, and supporting ma- referred (or acted upon), as indicated: seven years *pm September 26, 2010. ternity care quality collaboratives; to the By Mr. VITTER (for himself, Mr. *Maureen K. Ohlhausen, of Virginia, to be Committee on Finance. SHELBY, Mr. COCHRAN, and Mr. a Federal Trade Commissioner for a term of By Mr. MERKLEY (for himself, Mr. WICKER): seven years from September 26, 2011. BENNET, and Ms. LANDRIEU): S. Res. 346. A resolution expressing the By Mr. LEAHY for the Committee on the S. 1970. A bill to amend the securities laws sense of the Senate regarding the Govern- Judiciary. to provide for registration exemptions for ment of Antigua and Barbuda and its actions Kathryn Keneally, of New York, to be an certain crowdfunded securities, and for other relating to the Stanford Financial Group Assistant Attorney General. purposes; to the Committee on Banking, fraud; to the Committee on Foreign Rela- *Nomination was reported with rec- Housing, and Urban Affairs. tions. By Mr. INHOFE (for himself and Mr. ommendation that it be confirmed sub- f JOHANNS): ject to the nominee’s commitment to S. 1971. A bill to provide for the establish- ADDITIONAL COSPONSORS respond to requests to appear and tes- ment of a committee to assess the effects of S. 306 tify before any duly constituted com- certain Federal regulatory mandates and to mittee of the Senate. provide for relief from those mandates, and At the request of Mr. WEBB, the name (Nominations without an asterisk for other purposes; to the Committee on En- of the Senator from Vermont (Mr. were reported with the recommenda- vironment and Public Works. LEAHY) was added as a cosponsor of S. tion that they be confirmed.) By Mr. COATS (for himself and Ms. 306, a bill to establish the National AYOTTE): Criminal Justice Commission. f S. 1972. A bill to amend the Food and Drug S. 494 Administration’s mission; to the Committee INTRODUCTION OF BILLS AND At the request of Mr. LIEBERMAN, the JOINT RESOLUTIONS on Health, Education, Labor, and Pensions. By Mrs. GILLIBRAND (for herself, Mr. name of the Senator from Massachu- The following bills and joint resolu- SCHUMER, Mr. LAUTENBERG, and Mr. setts (Mr. BROWN) was added as a co- tions were introduced, read the first KERRY): sponsor of S. 494, a bill to amend the

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Public Health Service Act to establish Ohio (Mr. BROWN) were added as co- S. 1884 a national screening program at the sponsors of S. 1175, a bill to provide, de- At the request of Mr. DURBIN, the Centers for Disease Control and Pre- velop, and support 21st century readi- name of the Senator from Tennessee vention and to amend title XIX of the ness initiatives that assist students in (Mr. CORKER) was added as a cosponsor Social Security Act to provide States acquiring the skills necessary to think of S. 1884, a bill to provide States with the option to increase screening in the critically and solve problems, be an ef- incentives to require elementary United States population for the pre- fective communicator, collaborate schools and secondary schools to main- vention, early detection, and timely with others, and learn to create and in- tain, and permit school personnel to treatment of colorectal cancer. novate. administer epinephrine at schools. S. 506 S. 1440 S. 1896 At the request of Mr. CASEY, the At the request of Mr. BENNET, the At the request of Ms. AYOTTE, the name of the Senator from Vermont names of the Senator from Louisiana name of the Senator from Utah (Mr. (Mr. LEAHY) was added as a cosponsor (Ms. LANDRIEU) and the Senator from LEE) was added as a cosponsor of S. of S. 506, a bill to amend the Elemen- Vermont (Mr. LEAHY) were added as co- 1896, a bill to eliminate the automatic tary and Secondary Education Act of sponsors of S. 1440, a bill to reduce inflation increases for discretionary 1965 to address and take action to pre- preterm labor and delivery and the risk programs built into the baseline pro- vent bullying and harassment of stu- of pregnancy-related deaths and com- jections and require budget estimates dents. plications due to pregnancy, and to re- to be compared with the prior year’s level. S. 626 duce infant mortality caused by pre- S. 1925 At the request of Ms. CANTWELL, the maturity. S. 1591 At the request of Mr. LEAHY, the name of the Senator from Hawaii (Mr. names of the Senator from Minnesota AKAKA) was added as a cosponsor of S. At the request of Mr. KIRK, the name (Mr. FRANKEN), the Senator from New 626, a bill to amend the Internal Rev- of the Senator from Wyoming (Mr. York (Mr. SCHUMER) and the Senator enue Code of 1986 to repeal the shipping BARRASSO) was added as a cosponsor of S. 1591, a bill to award a Congressional from Rhode Island (Mr. WHITEHOUSE) investment withdrawal rules in section were added as cosponsors of S. 1925, a 955 and to provide an incentive to rein- Gold Medal to Raoul Wallenberg, in recognition of his achievements and bill to reauthorize the Violence vest foreign shipping earnings in the Against Women Act of 1994. United States. heroic actions during the Holocaust. S. 1954 S. 1629 S. 752 At the request of Mrs. HUTCHISON, the At the request of Mrs. GILLIBRAND, At the request of Mrs. FEINSTEIN, the name of the Senator from North Caro- the name of the Senator from Min- names of the Senator from New Jersey lina (Mr. BURR) was added as a cospon- nesota (Ms. KLOBUCHAR) was added as a (Mr. MENENDEZ) and the Senator from sor of S. 1954, a bill to amend title 49, cosponsor of S. 1629, a bill to amend New Jersey (Mr. LAUTENBERG) were United States Code, to provide for ex- title 38, United States Code, to clarify added as cosponsors of S. 752, a bill to pedited security screenings for mem- presumptions relating to the exposure establish a comprehensive interagency bers of the Armed Forces. of certain veterans who served in the response to reduce lung cancer mor- S. 1959 vicinity of the Republic of Vietnam, tality in a timely manner. At the request of Mr. BURR, the and for other purposes. S. 955 names of the Senator from South Caro- S. 1680 At the request of Mr. LEAHY, his lina (Mr. DEMINT) and the Senator At the request of Mr. CONRAD, the name was added as a cosponsor of S. from Florida (Mr. RUBIO) were added as 955, a bill to provide grants for the ren- name of the Senator from Kansas (Mr. cosponsors of S. 1959, a bill to require a ovation, modernization or construction MORAN) was added as a cosponsor of S. report on the designation of the of law enforcement facilities. 1680, a bill to amend title XVIII of the Haqqani Network as a foreign terrorist Social Security Act to protect and pre- organization and for other purposes. S. 985 serve access of Medicare beneficiaries S. 1961 At the request of Ms. MIKULSKI, the in rural areas to health care providers At the request of Mr. REED, the name of the Senator from Vermont under the Medicare program, and for names of the Senator from Alaska (Ms. (Mr. LEAHY) was added as a cosponsor other purposes. of S. 985, a bill to amend the definition MURKOWSKI) and the Senator from S. 1749 of a law enforcement officer under sub- South Dakota (Mr. JOHNSON) were At the request of Mr. WARNER, the added as cosponsors of S. 1961, a bill to chapter III of chapter 83 and chapter 84 name of the Senator from Rhode Island of title 5, United States Code, respec- provide level funding for the Low-In- (Mr. WHITEHOUSE) was added as a co- tively, to ensure the inclusion of cer- come Home Energy Assistance Pro- sponsor of S. 1749, a bill to establish gram. tain positions. and operate a National Center for Cam- AMENDMENT NO. 1209 S. 996 pus Public Safety. At the request of Mr. ROCKEFELLER, At the request of Mr. NELSON of Flor- S. 1866 ida, the name of the Senator from Con- the name of the Senator from Michigan At the request of Mr. RUBIO, the (Ms. STABENOW) was added as a cospon- necticut (Mr. BLUMENTHAL) was added names of the Senator from Utah (Mr. as a cosponsor of amendment No. 1209 sor of S. 996, a bill to amend the Inter- LEE), the Senator from New York (Mr. nal Revenue Code of 1986 to extend the proposed to S. 1867, an original bill to SCHUMER) and the Senator from Idaho authorize appropriations for fiscal year new markets tax credit through 2016, (Mr. RISCH) were added as cosponsors of and for other purposes. 2012 for military activities of the De- S. 1866, a bill to provide incentives for partment of Defense, for military con- S. 1174 economic growth, and for other pur- struction, and for defense activities of At the request of Ms. STABENOW, the poses. the Department of Energy, to prescribe name of the Senator from New Hamp- S. 1872 military personnel strengths for such shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. CASEY, the fiscal year, and for other purposes. sponsor of S. 1174, a bill to provide pre- name of the Senator from Nevada (Mr. f dictability and certainty in the tax HELLER) was added as a cosponsor of S. law, create jobs, and encourage invest- 1872, a bill to amend the Internal Rev- STATEMENTS ON INTRODUCED ment. enue Code of 1986 to provide for the tax BILLS AND JOINT RESOLUTIONS S. 1175 treatment of ABLE accounts estab- By Ms. COLLINS (for herself and At the request of Mrs. HAGAN, the lished under State programs for the Mr. COONS): names of the Senator from Minnesota care of family members with disabil- S. 1976. A bill to authorize edu- (Mr. FRANKEN) and the Senator from ities, and for other purposes. cational assistance under the Armed

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00043 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19228 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 Forces Health Professions Scholarship Bethesda for another nine months. It chael Hurlbut, Associate Director of Con- program for pursuit of advanced de- troubles me that he believes there are gressional Affairs, at michaelhurlbut@ grees in physical therapy and occupa- not a sufficient number of physical apta.org or 703–706–3160, if you have any tional therapy; to the Committee on therapists to help him and the other questions or would like any additional information. Armed Services. wounded warriors who are hospitalized Sincerely, Ms. COLLINS. Mr. President, I rise at Bethesda. R. SCOTT WARD, PT, PhD, today to introduce a bill to allow phys- While the Department of Defense re- President. ical and occupational therapists to en- ports that it does not face a shortage roll in the Armed Forces Health Pro- in these professions overall, both the THE AMERICAN OCCUPATIONAL fessionals Scholarship Program. I am Air Force and the Navy report short- THERAPY ASSOCIATION, INC., pleased to be joined in this effort by ages in physical therapists, physical Bethesda, MD, December 7, 2011. Hon. SUSAN COLLINS, my colleague, Senator COONS of Dela- therapy technicians, and occupational U.S. Senate, ware. Our legislation provides tuition therapists. One out of every four phys- Washington, DC. assistance to critical health care pro- ical therapist positions in the active DEAR SENATOR COLLINS: On behalf of the fessionals in exchange for service as a duty Navy is currently unfilled. So in- American Occupational Therapy Association commissioned medical officer. cluding these medical professions in (AOTA), the national professional associa- Unfortunately, while the need for this existing educational program tion representing the interests of more than physical therapists has grown during would help meet this need. over 140,000 occupational therapists, occupa- the last ten years of combat, neither This bill is also endorsed by both the tional therapy assistants and students of oc- the Department of Defense nor the cupational therapy, I am writing to thank American Physical Therapy Associa- you for sponsoring legislation to promote oc- military services have conducted a sep- tion and the American Occupational cupational therapy within the United States arate analysis of the current or future Therapy Association, who agree this ef- military. This legislation seeks to authorize DoD workforce requirements for occu- fort will help curtail a possible short- educational assistance under the Armed pational and physical therapists, even age of these valuable professionals in Forces Health Professions Scholarship pro- though such an analysis was required the future. gram for the pursuit of advanced degrees in by last year’s Defense authorization I wish to point out, we are not au- occupational therapy and physical therapy. bill. thorizing additional or new funding in Occupational therapy is a skilled health, wellness and rehabilitation service with the This legislation would allow the mili- this bill, it is simply an important in- goal of improving function, independence tary services to extend the same kind surance policy against a shortfall of and quality of life so that individuals can of educational benefits to physical and these medical professions that will lead more productive and rewarding lives. occupational therapists that are al- help the Navy and the Air Force fill va- Occupational therapists work within the ready afforded to physicians, dentists, cancies. After all, it is these talented military from the frontlines in Combat physician assistants, and even veteri- and committed professionals who are Stress Control teams throughout the con- narians. helping our wounded warriors return to tinuum of care to long-term rehabilitation Physical and occupational therapists living full and independent lives. and stateside community reintegration. at the military’s major medical centers While occupational therapists are present in Mr. President, I ask unanimous con- every branch of the service the Army has the serve approximately 600 wounded war- sent that letters of support be printed largest and most prominent role for occupa- riors every day on their road to recov- in the RECORD. tional therapy; using the professions unique ery. More than 32,000 service members There being no objection, the mate- focus on overcoming impairments regardless have been wounded in Iraq and Afghan- rial was ordered to be printed in the of the cause to enable soldiers to overcome istan, including many who have suf- RECORD as follows: disability and succeed in all aspects of life. The current wars in Iraq and Afghanistan fered very serious injuries and amputa- AMERICAN PHYSICAL have dramatically increased the demand for tions. Physical and occupational thera- THERAPY ASSOCIATION. occupational therapy practitioners within Senator SUSAN COLLINS, pists play a critical role in the preven- the military. The signature injuries of these Dirksen Senate Office Building, tion of injury, rehabilitation, and re- conflicts include traumatic brain injury, Washington, DC. covery of wounded warriors. They not post-traumatic stress disorder, traumatic DEAR SENATOR COLLINS: On behalf of the only serve in medical facilities, but are amputation and poly-trauma. Within both more than 77,000 members of the American the military and the Veterans Administra- also embedded with combat brigade Physical Therapy Association, I write to tion occupational therapists work as critical teams on the battlefield. They use thank you for your amendment to the Na- members of the treatment teams to address their medical training and skill to tional Defense Authorization Act and your each of these conditions. introduction of legislation to include phys- overcome impairments, regardless of AOTA and our members in the civilian ical therapists in the Health Professions the cause to enable service members to world and the military appreciate your lead- Scholarship Program (HPSP). overcome disability and succeed in all ership and vision in promoting occupational APTA commends your efforts to add phys- aspects of life. therapy education and training for service ical therapists to the HPSP. This legislation The idea for this bill came directly members so that they can go on to meet the will enable more of these highly qualified needs of fellow soldiers and society as a from a visit I had with a wounded Ma- professionals to help treat our nation’s whole. Both within the military and the pri- rine from Maine at the National Mili- wounded warriors and ensure that there will vate sector, demand for occupational ther- tary Medical Center in Bethesda, Mary- be no shortage in the future. There should apy is expected to increase dramatically and land in November. He was severely never be any disruption in care for the rea- your legislation can help meet those needs. wounded by an IED in Afghanistan. He son of inadequate personnel. We look forward to working with you and lost part of one leg and his other leg As you know, physical therapists play a your staff to enact this legislation during contains shrapnel wounds. Both of his critical role in the prevention of injury, re- this session of Congress so that more occupa- arms were wounded, and he has a trau- habilitation, and recovery of wounded war- tional therapists are trained to meet the riors around the world. They not only serve health care, rehabilitation and reintegration matic brain injury as well. In short, he at medical facilities like the Walter Reed has very serious wounds that are going needs of our service members. National Military Medical Center Sincerely, to require a very lengthy recovery pe- (WRNMMC), but they are also found on the TIM NANOF, MSW, riod. But, his spirits are amazingly battlefield with the Army Medical Specialist Director of Federal Affairs. strong and upbeat. Corps and are embedded with combat brigade However, when I asked him if he had teams. They aid in shortening the recovery By Mr. SANDERS (for himself and time of soldiers so they can return to serv- any concerns, while he praised the care Mr. BEGICH): he was receiving, he said there was a ice, and are a necessary and integral part of S.J. Res. 33. A joint resolution pro- the health care structure of the armed severe shortage of physical therapists forces. posing an amendment to the Constitu- and other trained clinical personnel to Thank you for your commitment to im- tion of the United States to expressly help him in what is going to be a very proving the rehabilitation and well being of exclude for-profit corporations from long recovery. He is expected to be at our wounded warriors. Please contact Mi- the rights given to natural persons by

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00044 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19229 the Constitution of the United States, unprecedented amount of money to fur- walk to the desk up there and they prohibit corporate spending in all elec- ther their political goals. There is no have to decide am I going to vote for tions, and affirm the authority of Con- question this is just the beginning of this, am I going to vote against it— gress and the States to regulate cor- their efforts. At a time when corpora- with full knowledge that if they vote porations and to regulate and set lim- tions have over $2 trillion in cash in against the interests of Wall Street, 2 its on all election contributions and ex- their bank accounts and are making weeks later, there may be ads coming penditures; to the Committee on the recordbreaking profits, the American down into their State attacking them. Judiciary. people should be concerned when the Every Member of the Senate, every Mr. SANDERS. Mr. President, I am Supreme Court says these corporations Member of the House, in the back of submitting a resolution to amend the have a constitutionally protected right their minds, will be thinking: Gee, if I U.S. Constitution. I do not do this to spend, spend, spend shareholders’ cast a vote this way, if I take on some lightly, nor have I ever done something money to dominate an election as if big money interests, am I going to be such as this before. The U.S. Constitu- they were real live persons. There will punished for that? Will a huge amount tion is an extraordinary document be no end to the impact corporate in- of money be unleashed in my State? which has served our country well for terests can have on our campaigns and Everybody here understands that is over 200 years and, in my view, it our democracy if we do not end this true. It is not just taking on Wall should not be amended often. Citizens United decision and its impact Street, maybe it is taking on the drug But in light of the disastrous Su- on our Nation. companies, maybe it is taking on the preme Court’s 5-to-4 decision in the All of us in the Senate share one private insurance companies, maybe it Citizens United case, I see no alter- common characteristic. We all run for is taking on the military-industrial native but a constitutional amend- elections. We all live in the real polit- complex. But whatever powerful and ment. I should add that a similar reso- ical world. Let me speak for a moment wealthy special interest we are pre- lution has been offered in the House by what I think many of my colleagues in pared to take on, on behalf of the inter- Congressman TED DEUTCH of Florida. their heart of hearts know to be true; est of the middle-class and working This constitutional amendment is sup- that is, that while the campaign fi- families of this country, when we walk ported by such grassroots organiza- nance system we had before Citizens to that desk and we cast that vote, we tions as Public Citizen, People for the United was, in my view, a disaster— know in the back of our mind we may American Way, and the Center for there is no question it is a disastrous be unleashing a tsunami of money com- Media and Democracy. situation where candidates, Members ing into our State, and we are going to Let me go on record as strongly as I of the Senate, spend huge amounts of think twice about how we cast that can, and as clearly as I can, in stating time having to raise money, and I vote. that I strongly disagree with the Su- know that is distasteful not just for I am a proud sponsor of a number of preme Court’s Citizens United decision. Democrats, it is distasteful to Repub- bills that would respond to Citizens In my view, a corporation is not a per- licans, it is distasteful for an Inde- United and begin to get a handle on the son. In my view, a corporation does not pendent; that is what we do—now, as a problem. I would like to acknowledge have first amendment rights to spend result of Citizens United, that bad situ- them very briefly. One is the Disclose as much money as it wants, without ation has become much worse because Act, sponsored by Senator SCHUMER, disclosure, on a political campaign. In infinitely more money is going to come which would force corporations spend- my view, corporations should not be into the political process through non- ing money on campaign ads to disclose able to go into their treasuries and disclosed donations suddenly appearing their identity, as candidates have to spend millions and millions of dollars on TV screens in our States. do. That is a good thing. I support it. on a campaign in order to buy elec- According to an October 10, 2011, arti- Another is the Fair Elections Now tions. cle in Politico: Act, sponsored by Senator DURBIN, I do not believe that is what Amer- The billionaire industrialist brothers which would move us to publicly fi- ican democracy is supposed to be David and Charles Koch plan to steer more nanced elections. I think that is a very about. I do not believe that is what the than $200 million—potentially much more— good idea. I support that. bravest of the brave from our country, to conservative groups ahead of Election Day The third piece of legislation is a re- fighting for democracy, fought and died [2012]. cent resolution for a campaign finance to preserve. Almost 2 years ago, in its What do we think? Do we think constitutional amendment, introduced now infamous Citizens United decision, American democracy is about a couple by Senator TOM UDALL of New Mexico, the United States Supreme Court up- of wealthy billionaires putting hun- that would make it clear that Congress ended over a century of precedent, tak- dreds of millions of dollars into cam- and the States have the authority to ing a somewhat narrow legal question paigns without disclosure? Is that the write laws to regulate campaign spend- and using it as an opportunity to radi- democracy Americans fought and died ing across the country and make sure cally change our political landscape, for in war after war? I think not. our State and Federal elections are unleashing a tsunami of corporate It clearly is not just Republican about what is right for our democracy, spending on campaign ads that has just operatives. There will be Democrats and I support Senator UDALL’s resolu- begun. Make no mistake, the Citizens doing the same. So more and more tion. But even these excellent pieces of United ruling has radically changed money comes into the system. We do legislation are not enough. the nature of our democracy, further not know where it comes from, and in The Constitution of this country has tilting the balance of power toward the order to defend ourselves candidates served us well for more than 200 years. rich and the powerful at a time when are going to have to raise more money But when the Supreme Court says—for already the wealthiest people in this and become more and more dependent purposes of the first amendment—cor- country have never had it so good. on big money interests. Does anybody porations are people, that writing In my view, history will record that believe that is what American democ- checks from the company’s bank ac- the Supreme Court’s Citizens United racy is supposed to be about? count is constitutionally protected decision is one of the worst decisions Let’s talk about the practical im- speech, and that even attempts by the ever made by a Supreme Court in the pacts. What happens on the floor of the Federal Government and States to im- history of our country. While there is Senate? The six largest banks on Wall pose reasonable restrictions on cam- no way of knowing for sure, since there Street have assets equal to over 65 per- paign ads are unconstitutional, when are no disclosure requirements in place cent of our GDP, over $9 trillion—six that occurs, our democracy is in grave to track what was spent, it is no secret banks. When an issue comes up that danger. Something more needs to be that already in the 2010 midterm elec- impacts Wall Street—some of us, for done. There needs to be something tions, corporations and some very example, think it might be a good idea more fundamental and indisputable, wealthy individuals spent a huge and to break up these huge banks. Members something that cannot be turned on its

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00045 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19230 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 head by a 5-to-4 Supreme Court deci- (1) initiating a separate and competing liq- Whereas Cort & Cort, the law firm of Dr. sion. uidation proceeding for Stanford Inter- Errol Cort, served as the official registered We have to send a constitutional national Bank; and agent for Stanford International Bank until amendment to the States that says (2) appointing liquidators who have defied June 2009; the orders of the court in multiple jurisdic- Whereas the Government of Antigua and simply and straightforwardly what ev- tions around the world by litigating for con- Barbuda, along with the Eastern Caribbean eryone—except five members of the trol of hundreds of millions of dollars in Central Bank— U.S. Supreme Court—seems to under- bank accounts in the United Kingdom, Swit- (1) seized control and possession of the stand; that is, corporations are not zerland, and Canada; Allen Stanford-owned Bank of Antigua with- people. Bank of America is not a per- Whereas the Government of Antigua and out compensation to the United States dis- son. ExxonMobil is not a person. Barbuda challenged the authority of the trict court-appointed receiver; The resolution I am offering calls for United States Department of Justice by (2) renamed that bank the ‘‘Eastern Carib- an amendment to be sent to the States seeking to obtain control of hundreds of mil- bean Amalgamated Bank’’; and lions of dollars in bank accounts in the (3) allocated a 40 percent ownership posi- that would do that. It would make per- United Kingdom, Switzerland, and Canada tion to the Government of Antigua and Bar- fectly clear, No. 1, corporations are not that had been frozen at the request of the buda and 60 percent ownership to 5 Eastern persons with equal constitutional Department of Justice in accordance with Caribbean Central Bank member banks; rights as real-life, flesh-and-blood multilateral criminal asset forfeiture trea- Whereas, after the fraud that the Stanford human beings; No. 2, corporations are ties; Financial Group allegedly perpetrated was subject to regulation by the people; No. Whereas the courts of Antigua and Bar- made public, the Government of Antigua and 3, corporations may not make cam- buda have denied recognition of the United Barbuda expropriated numerous Allen Stan- paign contributions, which has been States district court-appointed receiver for ford-owned properties in Antigua and Bar- all assets of Allen Stanford and Stanford-af- buda worth up to several hundred million the law of the land for the last century; filiated entities; dollars, and the government has not turned No. 4, Congress and States have the Whereas the Stanford International Bank over those properties to the United States power to regulate campaign finance as liquidators appointed by the Eastern Carib- district court-appointed receiver; Senator UDALL’s amendment would bean Court of Appeals now seek recognition Whereas the Government of Antigua and also say. of the Antigua and Barbuda liquidation pro- Barbuda expropriated without compensation This amendment is cosponsored by ceeding as a foreign insolvency proceeding the property known as the Half Moon Bay Senator BEGICH of Alaska, and I would under chapter 15 of title 11, United States Resort, which is owned by a group of 12 urge all my colleagues to cosponsor Code, in the United States District Court for United States citizens; and the Northern District of Texas; Whereas the Government of Antigua and this amendment which, in fact, does Whereas the Government of Antigua and Barbuda— what its title suggests, saves American Barbuda acknowledged in a statement in (1) has sought and obtained loans from the democracy. March 2010 that— International Bank for Reconstruction and f (1) Stanford International Bank ‘‘was oper- Development and the International Develop- ating in Antigua as a transit point and for ment Association (commonly known as the SUBMITTED RESOLUTIONS purposes of registration and regulation’’; and ‘‘World Bank’’) and the International Mone- (2) ‘‘[t]he business of Stanford Inter- tary Fund; and national Bank, Ltd. was run from Houston, (2) is the recipient of other direct and indi- SENATE RESOLUTION 346—EX- Texas, and its books maintained in Memphis, rect aid from the United States: Now, there- PRESSING THE SENSE OF THE Tennessee’’; fore, be it SENATE REGARDING THE GOV- Whereas Allen Stanford, the Stanford Fi- Resolved, That it is the sense of the Senate ERNMENT OF ANTIGUA AND nancial Group, and the Government of Anti- that— BARBUDA AND ITS ACTIONS RE- gua and Barbuda enjoyed a mutually bene- (1) provision of all further direct or indi- LATING TO THE STANFORD FI- ficial business relationship involving numer- rect aid or assistance, including assistance NANCIAL GROUP FRAUD ous economic development projects and derived from Federal funds, by the United loans to the government of at least States Government to the Government of Mr. VITTER (for himself, Mr. $85,000,000, and forensic accounting reports Antigua and Barbuda should be suspended SHELBY, Mr. COCHRAN, and Mr. WICKER) have identified those loans as having been until the Government of Antigua and Bar- submitted the following resolution; made from Stanford International Bank cer- buda provides complete redress of the issues which was referred to the Committee tificate of deposit funds; described in the preamble, including on Foreign Relations: Whereas, in June 2010, the Securities and through— Exchange Commission alleged that Allen (A) the full cooperation of the Government S. RES. 346 Stanford bribed Leroy King, the chief execu- of Antigua and Barbuda and any appointee of Whereas the Government of Antigua and tive officer of the Financial Services Regu- that government, including the joint liquida- Barbuda has committed numerous acts latory Commission of Antigua and Barbuda, tors of Stanford International Bank, with against the interests of United States citi- to persuade Leroy King to— the United States Securities and Exchange zens and operated the financial sector and (1) not investigate Stanford International Commission, the United States Department judicial system of Antigua and Barbuda in a Bank; of Justice, the United States district court- manner that is manifestly contrary to the (2) provide Allen Stanford with access to appointed receiver, and the United States public policy of the United States; the confidential files of the Financial Serv- district court-appointed Stanford Investors Whereas 20,000 investors, including many ices Regulatory Commission; Committee, in investigating the Stanford Fi- United States citizens, lost $7,200,000,000 in (3) allow Allen Stanford to dictate the re- nancial Group fraud and marshaling the as- an alleged Ponzi scheme involving fictitious sponse of the Financial Services Regulatory sets of Allen Stanford and all Stanford-affili- certificates of deposit from Stanford Inter- Commission to inquiries by the Securities ated entities; national Bank, an offshore bank chartered in and Exchange Commission about Stanford (B) an agreement by the Government of Antigua and Barbuda; International Bank; and Antigua and Barbuda to be subject to the ju- Whereas the Government of Antigua and (4) withhold information from the Securi- risdiction and bound by the judgment of any Barbuda violated the order of the United ties and Exchange Commission; United States court that adjudicates the States District Court for the Northern Dis- Whereas, in June 2010, the United States claims relating to the Stanford Financial trict of Texas regarding the receivership pro- Department of Justice indicted Leroy King Group fraud; ceeding initiated at the request of the United on criminal charges and ordered Leroy King (C) the transfer of the assets seized by the States Securities and Exchange Commission to be extradited to the United States; Government of Antigua and Barbuda, or ob- (referred to in this preamble as the ‘‘Securi- Whereas the Government of Antigua and tained by the joint liquidators of Stanford ties and Exchange Commission’’), in which Barbuda has failed to complete the process of International Bank, to the United States dis- the court took exclusive control of all the extraditing Leroy King to the United States trict court-appointed receiver for the benefit assets owned by Allen Stanford and Stan- to stand trial; of victims of the Stanford Financial Group ford-affiliated entities around the world and Whereas Dr. Errol Cort, who served as the fraud; documents relating to those assets; Minister of Finance of Antigua and Barbuda (D) a contribution by the Government of Whereas the Government of Antigua and from 2004 to 2009, allegedly received more Antigua and Barbuda to the United States Barbuda challenged the authority of the than $1,000,000 of fraudulently transferred receivership estate for the benefit of victims United States District Court for the North- Stanford investor funds either directly or in- of the Stanford Financial Group fraud, in an ern District of Texas by— directly through his law firm, Cort & Cort; amount equal to the amount of any funds

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00046 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 19231 that Allen Stanford or any Stanford-affili- Transportation be authorized to meet Committee on Intelligence be author- ated entity provided to the Government or during the session of the Senate on De- ized to meet during the session of the government officials of Antigua and Bar- cember 8, 2011, in the President’s Senate on December 8, 2011, at 2 p.m. buda; Room, at 10:30 a.m. The PRESIDING OFFICER. Without (E) a contribution by the Government of objection, it is so ordered. Antigua and Barbuda to the United States The PRESIDING OFFICER. Without receivership estate for the benefit of victims objection, it is so ordered. SUBCOMMITTEE ON WATER AND POWER of the Stanford Financial Group fraud, in an COMMITTEE ON ENERGY AND NATURAL Mr. DURBIN. Mr. President, I ask amount equal to any payments that Allen RESOURCES unanimous consent that the Sub- Stanford or the Stanford Financial Group Mr. DURBIN. Mr. President, I ask committee on Water and Power be au- made to Leroy King or any other official of unanimous consent that the Com- thorized to meet during the session of the Government of Antigua and Barbuda for mittee on Energy and Natural Re- the Senate on December 8, 2011, at 2:30 the purpose of subverting regulatory over- sources be authorized to meet during p.m., in room 366 of the Dirksen Senate sight of Stanford International Bank; Office Building. (F) the fulfillment by the Government of the session of the Senate on December 8, 2011, at 9:30 a.m., in room 366 of the The PRESIDING OFFICER. Without Antigua and Barbuda of its obligations relat- objection, it is so ordered. ing to the expropriation of the Half Moon Dirksen Senate Office Building. Bay Resort; and The PRESIDING OFFICER. Without f (G) an agreement by the Government of objection, it is so ordered. CONSENT OF CONGRESS TO AN Antigua and Barbuda to not— COMMITTEE ON ENVIRONMENT AND PUBLIC AMENDMENT TO THE COMPACT (i) interfere with the receivership com- WORKS BETWEEN THE STATES OF MIS- menced by the United States Government; Mr. DURBIN. Mr. President, I ask and SOURI AND ILLINOIS (ii) seek control of assets claimed by the unanimous consent that the Com- Mr. REID. I ask that the Chair lay United States Government; and mittee on Environment and Public before the Senate a message from the (2) the Secretary of the Treasury should di- Works be authorized to meet during House with respect to S.J. Res. 22. rect the United States Executive Directors the session of the Senate on December The PRESIDING OFFICER laid be- of the International Bank for Reconstruction 8, 2011, at 9:30 a.m., in room 406 of the fore the Senate the following message and Development and the International De- Dirksen Senate Office Building. from the House of Representatives: velopment Association (commonly known as The PRESIDING OFFICER. Without S.J. RES. 22 the ‘‘World Bank’’) and the International objection, it is so ordered. Monetary Fund to use the voice and vote of Resolved, That the resolution from the Sen- the United States to ensure that any future COMMITTEE ON FOREIGN RELATIONS ate (S.J. Res. 22) entitled ‘‘Joint resolution loan made by the World Bank or the Inter- Mr. DURBIN. Mr. President, I ask to grant the consent of Congress to an national Monetary Fund to the Government unanimous consent that the Com- amendment to the compact between the of Antigua and Barbuda is conditioned on mittee on Foreign Relations be author- States of Missouri and Illinois providing that providing complete redress of the matters, bonds issued by the Bi-State Development ized to meet during the session of the Agency may mature in not to exceed 40 and satisfaction of the requirements, de- Senate on December 8, 2011, at 10 a.m. scribed under paragraph (1). years.’’, do pass with the following amend- The PRESIDING OFFICER. Without ment: f objection, it is so ordered. Strike out all after the resolving clause and insert: NOTICE OF HEARING COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS SECTION 1. CONSENT. COMMITTEE ON HEALTH, EDUCATION, LABOR, (a) IN GENERAL.—The consent of Congress is AND PENSIONS Mr. DURBIN. Mr. President, I ask given to the amendment of the powers conferred Mr. HARKIN. Mr. President, I wish to unanimous consent that the Com- on the Bi-State Development Agency by Senate announce that the Committee on mittee on Health, Education, Labor, Bill 758, Laws of Missouri 2010 and Public Act Health, Education, Labor, and Pen- and Pensions be authorized to meet 96–1520 (Senate Bill 3342), Laws of Illinois 2010. during the session of the Senate to con- (b) EFFECTIVE DATE.—The amendment to the sions will meet in open session on powers conferred by the Acts consented to in Thursday, December 15, 2011, at 10 a.m. duct a hearing entitled ‘‘Tales from the Unemployment Line: Barriers Facing subsection (a) shall take effect on the date of in SD–430 to conduct a hearing entitled enactment of this Act. the Long-Term Unemployed’’ on De- ‘‘Prescription Drug Shortages: Exam- SEC. 2. APPLICATION OF ACT OF AUGUST 31, 1950. ining a Public Health Concern and Po- cember 8, 2011, at 9:45 a.m., in room 106 The provisions of the Act of August 31, 1950 tential Solutions.’’ of the Dirksen Senate Office Building. (64 Stat. 568) shall apply to the amendment ap- For further information regarding The PRESIDING OFFICER. Without proved under this joint resolution to the same extent as if such amendment was conferred this meeting, please contact the com- objection, it is so ordered. COMMITTEE ON INDIAN AFFAIRS under the provisions of the compact consented mittee at (202) 224–7675. to in such Act. Mr. DURBIN. Mr. President, I ask f SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. unanimous consent that the Com- The right to alter, amend, or repeal this joint AUTHORITY FOR COMMITTEES TO mittee on Indian Affairs be authorized resolution is expressly reserved. MEET to meet during the session of the Sen- SEC. 4. RESERVATION OF RIGHTS. COMMITTEE ON COMMERCE, SCIENCE, AND ate on December 8, 2011, at 2:15 p.m., in The right is reserved to Congress to require TRANSPORTATION room 628 of the Dirksen Senate Office the disclosure and furnishings of such informa- Mr. DURBIN. Mr. President, I ask Building. tion or data by the Bi-State Development Agen- cy as is deemed appropriate by Congress. unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Commerce, Science, and objection, it is so ordered. Mr. REID. Madam President, I ask Transportation be authorized to meet COMMITTEE ON THE JUDICIARY unanimous consent that the Senate during the session of the Senate on De- Mr. DURBIN. Mr. President, I ask concur in the House amendment, that cember 8, 2011, at 10 a.m. in room 253 of unanimous consent that the Com- the motion to reconsider be laid upon the table, with no intervening action the Russell Senate Office Building. mittee on the Judiciary be authorized or debate, and that any statements re- The Committee will hold a hearing to meet during the session of the Sen- lated to the measure be printed in the entitled, ‘‘ICANN’s Expansion of Top ate on December 8, 2011, at 10 a.m., in RECORD. Level Domains.’’ SD–226 of the Dirksen Senate Office The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Building to conduct an executive busi- objection, it is so ordered. objection, it is so ordered. ness meeting. f COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without TRANSPORTATION objection, it is so ordered. CIVILIAN SERVICE RECOGNITION Mr. DURBIN. Mr. President, I ask SELECT COMMITTEE ON INTELLIGENCE ACT unanimous consent that the Com- Mr. DURBIN. Mr. President, I ask Mr. REID. Madam President, I ask mittee on Commerce, Science, and unanimous consent that the Select unanimous consent that the Homeland

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00047 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19232 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 14 December 8, 2011 Security Committee be discharged There being no objection, the Senate (1) continue the broad program of coopera- from further consideration of H.R. 2061 proceeded to consider the bill. tion and collaboration with the Secretary of and the Senate proceed to its consider- Mr. REID. I ask unanimous consent Homeland Security described in subsection ation. that the bill be read a third time, (a); and (2) ensure that the Department of Home- The PRESIDING OFFICER. Without passed, and the motion to reconsider be land Security is able to identify equipment objection, it is so ordered. laid upon the table; that there be no in- and technology used by the Department of The clerk will report the bill by title. tervening action or debate, and any Defense that could also be used by U.S. Cus- The legislative clerk read as follows: statements related to the bill be print- toms and Border Protection to enhance its A bill (H.R. 2061) to authorize the presen- ed in the RECORD. efforts to combat illicit trafficking across tation of a United States flag on behalf of The PRESIDING OFFICER. Without the international borders between the United Federal civilian employees who die of inju- objection, it is so ordered. States and Mexico and the United States and ries in connection with their employment. The bill (S. 1974) was ordered to be Canada, including equipment and technology read a third time, was read the third that could be used to detect and track the il- There being no objection, the Senate licit use of ultralight aircraft. proceeded to consider the bill. time, and passed as follows: Mr. REID. Madam President, I ask S. 1974 f unanimous consent that the bill be Be it enacted by the Senate and House of Rep- read the third time and passed, that resentatives of the United States of America in ORDERS FOR MONDAY, DECEMBER the motion to reconsider be laid upon Congress assembled, 12, 2011 the table, with no intervening action SECTION 1. SHORT TITLE. Mr. REID. Madam President, I ask or debate, and that any related state- This Act may cited as the ‘‘Ultralight Air- unanimous consent that when the Sen- craft Smuggling Prevention Act of 2011’’. ments be printed in the RECORD. ate completes its business today, it ad- SEC. 2. CLARIFICATION OF DEFINITION OF AIR- The PRESIDING OFFICER. Without CRAFT AND OFFENSES UNDER AVIA- journ until 2 p.m. on Monday, Decem- objection, it is so ordered. TION SMUGGLING PROVISIONS OF ber 12, 2011; that following the prayer The bill (H.R. 2061) was ordered to be THE TARIFF ACT OF 1930. and pledge, the Journal of proceedings read a third time, was read the third (a) IN GENERAL.—Section 590 of the Tariff be approved to date, the morning hour time, and passed. Act of 1930 (19 U.S.C. 1590) is amended— be deemed expired, the time for the two (1) by redesignating subsection (g) as sub- leaders be reserved for their use later f section (h); and (2) by inserting after subsection (f) the fol- in the day; that following any leader CORRECTING THE ENROLLMENT lowing: remarks, the Senate be in a period of OF H.R. 2061 ‘‘(g) DEFINITION OF AIRCRAFT.—In this sec- morning business until 4:30 p.m. with Mr. REID. Madam President, I ask tion, the term ‘aircraft’— Senators permitted to speak for up to unanimous consent that the Senate ‘‘(1) has the meaning given that term in 10 minutes each; and that following proceed to consideration of H. Con. Res section 40102 of title 49, United States Code; morning business the Senate proceed and 86, which was received from the House. to executive session under the previous ‘‘(2) includes a vehicle described in section order. The PRESIDING OFFICER. The 103.1 of title 14, Code of Federal Regula- clerk will report the resolution of title. tions.’’. The PRESIDING OFFICER. Without The legislative clerk read as follows: (b) CRIMINAL PENALTIES.—Subsection (d) of objection, it is so ordered. section 590 of the Tariff Act of 1930 (19 U.S.C. A concurrent resolution (H. Con. Res. 86) f directing the Clerk of the House of Rep- 1590(d)) is amended in the matter preceding resentatives to make corrections in the en- paragraph (1) by inserting ‘‘, or attempts or PROGRAM rollment of H.R. 2061. conspires to commit,’’ after ‘‘commits’’. (c) EFFECTIVE DATE.—The amendments Mr. REID. Madam President, there There being no objection, the Senate made by this section apply with respect to will be at least two rollcall votes at proceeded to consider the concurrent violations of any provision of section 590 of 5:30 p.m. on Monday in relation to the resolution. the Tariff Act of 1930 on or after the 30th day Eisen and Aponte nominations. Next Mr. REID. Madam President, I ask after the date of the enactment of this Act. week, we have additional nominations unanimous consent that the concur- SEC. 3. INTERAGENCY COLLABORATION. we expect to consider, and we have to rent resolution be agreed to, the mo- (a) FINDINGS.—Congress makes the following findings: do either a CR or an omnibus spending tion to reconsider be laid upon the bill—or one of each, which is possible. table, with no intervening action or de- (1) The Department of Defense has worked collaboratively with the Department of We have the balanced budget amend- bate, and that any related statements Homeland Security to identify equipment, ments, the payroll tax, we have unem- be printed in the RECORD. technology, and expertise used by the De- ployment insurance, Medicare reim- The PRESIDING OFFICER. Without partment of Defense that could be leveraged bursement, tax extenders, including objection, it is so ordered. by the Department of Homeland Security to the Medicare reimbursement, and, of The concurrent resolution (H. Con. help fulfill its missions. course, what we are talking about Res. 86) was agreed to. (2) As part of that collaborative effort, the Department of Homeland Security has lever- there is the SGR or the doctor fix. f aged Department of Defense equipment, All of these matters are set to expire at the end of the year. ULTRALIGHT AIRCRAFT SMUG- technology, and expertise to enhance the ability of U.S. Customs and Border Protec- f GLING PREVENTION ACT OF 2011 tion to detect, track, and engage illicit traf- Mr. REID. Madam President, I ask ficking across the international borders be- ADJOURNMENT UNTIL MONDAY, tween the United States and Mexico and the unanimous consent that the Senate DECEMBER 12, 2011, AT 2 P.M. proceed to the consideration of S. 1974. United States and Canada. The PRESIDING OFFICER. The (3) Leveraging Department of Defense Mr. REID. If there is no further busi- equipment, technology, and expertise is a ness to come before the Senate, I ask clerk will report the bill by title. cost-effective inter-agency approach to en- The legislative clerk read as follows: unanimous consent that the Senate hancing the effectiveness of the Department stand adjourned under the previous A bill (S. 1974) to amend the Tariff Act of of Homeland Security to protect the United 1930 to clarify the definition of aircraft and States against a variety of threats and risks. order. the offenses penalized under the aviation (b) SENSE OF CONGRESS.—It is the sense of There being no objection, the Senate, smuggling provisions under that Act, and for Congress that the Secretary of Defense at 6:25 p.m., adjourned until Monday, other purposes. should— December 12, 2011, at 2 p.m.

VerDate Sep 11 2014 11:24 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00048 Fmt 0685 Sfmt 0634 E:\BR11\S08DE1.001 S08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19233 HOUSE OF REPRESENTATIVES—Thursday, December 8, 2011

The House met at 9 a.m. and was ceedings on this question will be post- CONSUMER FINANCIAL called to order by the Speaker pro tem- poned. PROTECTION BUREAU pore (Mrs. MILLER of Michigan). The point of no quorum is considered (Mr. MILLER of North Carolina f withdrawn. asked and was given permission to ad- f dress the House for 1 minute.) DESIGNATION OF THE SPEAKER Mr. MILLER of North Carolina. Wall PLEDGE OF ALLEGIANCE PRO TEMPORE Street may be in disrepute with most The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the Americans, but their power here, their fore the House the following commu- gentleman from Texas (Mr. POE) come political power in Congress, is nication from the Speaker: forward and lead the House in the undiminished. WASHINGTON, DC, Pledge of Allegiance. Americans strongly support a con- December 8, 2011. Mr. POE of Texas led the Pledge of sumer watchdog, the new Consumer Fi- I hereby appoint the Honorable CANDICE S. Allegiance as follows: nancial Protection Bureau, but the MILLER to act as Speaker pro tempore on I pledge allegiance to the Flag of the CFPB has become Republicans’ new this day. United States of America, and to the Repub- least favorite agency, which greatly JOHN A. BOEHNER, lic for which it stands, one nation under God, Speaker of the House of Representatives. pleases their friends on Wall Street. indivisible, with liberty and justice for all. Months ago, Republicans in the other f f body announced that they would block PRAYER ANNOUNCEMENT BY THE SPEAKER the confirmation of the first Director of the new agency, whether the nomi- The Chaplain, the Reverend Patrick PRO TEMPORE nee was Elizabeth Warren or anyone J. Conroy, offered the following prayer: The SPEAKER pro tempore. The else, unless Congress stripped the agen- Eternal God, we give You thanks for Chair will entertain up to five requests cy of its independence and of the pow- giving us another day. for 1-minute speeches on each side of ers to protect consumers from the Once again we come to You to ask the aisle. abuses that were rampant in the last wisdom, patience, peace, and under- f decade. standing for the Members of this peo- GONE ROGUE In the next day or two, the other ple’s House. body will vote on the confirmation of Give them the generosity of heart, (Mr. POE of Texas asked and was Richard Cordray to head the CFPB. If and the courage of true leadership, to given permission to address the House the vote goes as expected, Republicans work toward a common solution to the for 1 minute.) will abuse their constitutional con- many issues facing our Nation. This Mr. POE of Texas. Madam Speaker, firmation powers to hobble the new might call for compromise, even sac- the Justice Department appears to agency. They don’t want Elizabeth rifice on both sides. As true statesmen have gone rogue. Instead of enforcing Warren. They don’t want Richard and -women, may they find the for- the law, they seem to be recklessly en- Cordray. They don’t want anyone be- titude to make judgments to benefit couraging violations of law. cause they don’t want the agency, and all Americans in their time of need. The Justice Department, with the aid they don’t want the agency because May all that is done this day be for of the ATF, apparently facilitated the they don’t want to protect consumers. Your greater honor and glory. smuggling of over 2,000 weapons to the Republicans are willing to leave con- Amen. drug cartels south of the border—the sumers vulnerable again to predatory f national enemy of Mexico. Those weap- lending practices. They’re willing to ons were used to kill at least 200 Mexi- leave the economy vulnerable again to THE JOURNAL can nationals and two U.S. law enforce- another financial crisis to please their The SPEAKER pro tempore. The ment agents. friends on Wall Street. Chair has examined the Journal of the Who is responsible for this conduct? f last day’s proceedings and announces The Attorney General says he was un- to the House her approval thereof. aware of Fast and Furious. He claims OVERREGULATING DIETARY SUP- Pursuant to clause 1, rule I, the Jour- he either didn’t get the memo or he PLEMENTS ENDANGERS AMERI- nal stands approved. didn’t read it. That’s a lame excuse. CANS’ JOBS AND HEALTH Mr. PITTS. Madam Speaker, pursu- The Attorney General is the chief law- (Mr. HULTGREN asked and was ant to clause 1, rule I, I demand a vote yer and law enforcement officer in the given permission to address the House on agreeing to the Speaker’s approval country. If people under him violated for 1 minute.) of the Journal. U.S. or international law, they need to Mr. HULTGREN. Madam Speaker, I The SPEAKER pro tempore. The be held accountable, even if it means rise today to express my concern over question is on the Speaker’s approval somebody goes to jail. another example of rampant govern- of the Journal. We need an independent special coun- ment regulation. The question was taken; and the sel to investigate the Justice Depart- For 17 years, the Food and Drug Ad- Speaker pro tempore announced that ment and the ATF. The Department of ministration has sought to ignore con- the ayes appeared to have it. Justice cannot be trusted to inves- gressional intent and create a vast new Mr. PITTS. Madam Speaker, I object tigate themselves because the agency regulatory regime for dietary supple- to the vote on the ground that a has lost credibility. Even Washington ments. Millions of Americans, includ- quorum is not present and make the insiders responsible for Fast and Furi- ing many of my constituents and my point of order that a quorum is not ous cannot hide from the long arm of family, rely on dietary supplements as present. American justice because justice is part of their everyday health mainte- The SPEAKER pro tempore. Pursu- what we do in this country. nance routine. Moreover, they play an ant to clause 8, rule XX, further pro- And that’s just the way it is. important role in ensuring that people

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

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19234 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 take individual responsibility for pre- Mr. ALTMIRE. Madam Speaker, I little something back this season to ventative health care. We all can agree rise in support of the Lions Club Inter- those who give so much. that the FDA should not limit Ameri- national Century of Service Commemo- Every year we accumulate thousands cans’ access to dietary supplements. rative Coin Act. This legislation com- of frequent flyer miles as we travel be- In January President Obama issued memorates the Lions Club’s 2017 Cen- tween our districts and Washington, an Executive order to ensure that the tennial, at no cost to the taxpayer, as DC. For the past several years, I’ve do- FDA’s new rules will not limit access. the cost will be paid for by sales to the nated my frequent flyer miles to the Last week, the comment period on the public. Fisher House’s Hero Miles Program, FDA’s draft guidance closed. Now that As former president and zone chair- which provides free airline tickets to they’ve heard from the public, and now man of my local Lions Club in Alle- American soldiers and their families, that I’m sure they’ve heard from gheny County in Pennsylvania, I know and to the Children’s Miracle Network, countless Americans who share my firsthand the great work done by Lions a nonprofit organization dedicated to concern, I urge them to go back to the Club International, which now has 1.3 saving and improving the lives of chil- drawing board and ensure that they do million members and chapters span- dren. not limit Americans’ access to dietary ning every corner of the globe. Most of my frequent flyer miles this supplements. The Lions Clubs focus on the five year came from congressional travel, goals of preserving sight, combating and I don’t think it’s right to use them f disability, promoting health, serving for myself. What I do know is that TAX BREAKS FOR RACING INTER- youth, and disaster relief, for which there is no better way for us to use our ESTS—NO ACTION ON PAYROLL Lions Club donated over $50 million in frequent flyer miles than to help troops TAX CUT AND UNEMPLOYMENT relief funds to Japan, Haiti, and most and their families see each other, or to INSURANCE EXTENSION recently to our own southern States. help sick kids get well. I commend the great work carried I encourage each of my colleagues to (Ms. DELAURO asked and was given out by Lions Club International, and permission to address the House for 1 join me and donate the frequent flyer look forward to helping them com- miles you receive for government-fund- minute and to revise and extend her re- memorate their 2017 centennial year. marks.) ed congressional travel to programs f Ms. DELAURO. Madam Speaker, at a like the Fisher House and the Chil- recent horse sale in Kentucky, Breed- SAFEGUARDING SOCIAL SECURITY dren’s Miracle Network, and to do it er’s Cup winner Royal Delta sold for BENEFITS this holiday season. $8.5 million as part of the sale of the (Mr. REYES asked and was given per- f late Saudi Prince Saud bin Khaled’s mission to address the House for 1 MESSAGE FROM THE SENATE farm. Three of the Saudi’s other horses minute.) A message from the Senate by Ms. also sold for seven figures. A total of 22 Mr. REYES. Madam Speaker, I rise Curtis, one of its clerks, announced horses were sold that day for $1 million today on behalf of the millions of peo- that the Senate has passed a bill of the or more, compared with only eight sold ple in this country, including the 55 following title in which the concur- in 2010. million seniors, disabled workers, wid- rence of the House is requested: Every millionaire who purchased ows, and children currently receiving these horses benefited from a Repub- Social Security benefits that have S. 1958. An act to extend the National Flood Insurance Program until May 31, 2012. lican-sponsored taxpayer subsidy writ- their Social Security unnecessarily ten into the last 2008 farm bill. It al- targeted as part of the debt reduction f lows them to recover the cost of the talks. Now, more than ever, we cannot PROVIDING FOR CONSIDERATION horse. Even as they call for more budg- jeopardize earned benefits of seniors OF H.R. 1633, FARM DUST REGU- et cuts, Republicans used that bill to who have worked so hard over their LATION PREVENTION ACT OF transfer wealth—nearly $500 million— lifetime to retire with dignity. Every 2011 from the pockets of ordinary taxpayers senior deserves dignity in their retire- Mr. WEBSTER. Madam Speaker, by to the coffers of wealthy racing inter- ment. Every senior, no exceptions. direction of the Committee on Rules, I ests. This is just one example of how For almost two-thirds of America’s call up House Resolution 487 and ask Republicans will go to absurd lengths seniors, Social Security is the primary for its immediate consideration. to support the wealthiest 1 percent of source of retirement income. Social Se- The Clerk read the resolution, as fol- Americans while turning their backs curity is also a lifeline for workers who lows: on the middle class and working fami- became disabled and for families who H. RES. 487 lies. have lost a breadwinner. In the 16th Resolved, That at any time after the adop- Now they refuse to take up a payroll District of Texas that I represent, over tion of this resolution the Speaker may, pur- tax cut extension and expansion that 98,000 El Pasoans receive Social Secu- suant to clause 2(b) of rule XVIII, declare the would mean $1,500 for 160 million peo- rity benefits. They depend on these House resolved into the Committee of the ple while they protect the tax breaks benefits to buy groceries, pay utility Whole House on the state of the Union for for 350,000 millionaires. They refuse to bills, and fill their gas tanks. consideration of the bill (H.R. 1633) to estab- extend unemployment insurance to As their Representative, I want to lish a temporary prohibition against revising save 200,000 jobs. ensure that we uphold the decades-old any national ambient air quality standard promise to the American worker, in re- applicable to coarse particulate matter, to Our Nation deserves better leadership limit Federal regulation of nuisance dust in than this. Republicans need to stop turn for their years of hard work and areas in which such dust is regulated under giving out handouts to millionaire rac- contributions, that we ensure dignity State, tribal, or local law, and for other pur- ing horse owners and start addressing in retirement, assistance of the dis- poses. The first reading of the bill shall be the needs of the vast majority of Amer- abled, and support for their surviving dispensed with. All points of order against ican families. children. consideration of the bill are waived. General f debate shall be confined to the bill and shall f not exceed one hour equally divided and con- b 0910 GIVE SOMETHING BACK THIS trolled by the chair and ranking minority SEASON member of the Committee on Energy and LIONS CLUB INTERNATIONAL CEN- (Mr. BARROW asked and was given Commerce. After general debate the bill shall be considered for amendment under the TURY OF SERVICE COMMEMORA- permission to address the House for 1 TIVE COIN ACT five-minute rule. It shall be in order to con- minute and to revise and extend his re- sider as an original bill for the purpose of (Mr. ALTMIRE asked and was given marks.) amendment under the five-minute rule the permission to address the House for 1 Mr. BARROW. Madam Speaker, I rise amendment in the nature of a substitute rec- minute.) to encourage my colleagues to give a ommended by the Committee on Energy and

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19235 Commerce now printed in the bill. The com- latory certainty in the short term and business owners that farm dust would mittee amendment in the nature of a sub- a regulatory, commonsense approach stay off the EPA’s to-do list for at stitute shall be considered as read. All points in the long term. Specifically, this leg- least another year. For that very rea- of order against the committee amendment islation does two things. First, in the son, farming, agricultural and rural in the nature of a substitute are waived. No amendment to the committee amendment in short term, the Farm Dust Regulation small business organizations of all the nature of a substitute shall be in order Prevention Act would temporarily pro- shapes and sizes have put their stead- except those printed in the report of the hibit the EPA from issuing a new fast support behind this legislation. To Committee on Rules accompanying this res- coarse particulate matter standard for them, certainty means the ability to olution. Each such amendment may be of- 1 year. grow their business by creating jobs in fered only in the order printed in the report, H.R. 1633 does not prohibit EPA from their communities, feeding every may be offered only by a Member designated issuing a revised standard for coarse American, and providing for their fam- in the report, shall be considered as read, particulate matter after this 1-year ilies through the sale of the fruits of shall be debatable for the time specified in timeout. Coarse particulate matter, or their labors. the report equally divided and controlled by PM , is also known by a much more the proponent and an opponent, shall not be 10 The agricultural community and, subject to amendment, and shall not be sub- common name: dust. more largely, rural America is critical ject to a demand for division of the question Second, in the longer term, this leg- to economic growth and job creation. in the House or in the Committee of the islation would limit future EPA regula- The agricultural sector alone supports Whole. All points of order against such tion of nuisance dust to areas where it 1.8 million American jobs and rep- amendments are waived. At the conclusion is not already regulated by State or resents 5 percent of our Nation’s total of consideration of the bill for amendment local government, where it causes sub- exports. The Obama administration has the Committee shall rise and report the bill stantial adverse effects, and where the acknowledged the importance of eco- to the House with such amendments as may benefits of the EPA stepping in would have been adopted. Any Member may de- nomic health for rural America. In outweigh the costs. fact, the President’s White House mand a separate vote in the House on any Nuisance dust is particulate matter amendment adopted in the Committee of the Rural Council has claimed that rural that is generated primarily from nat- Whole to the bill or to the committee America is ‘‘central to the economic ural sources, dirt roads, earth moving, amendment in the nature of a substitute. health and prosperity of our Nation.’’ or other common farm activities. Nui- The previous question shall be considered as Unfortunately, it is often rural com- sance dust is pieces of plants plowed up ordered on the bill and amendments thereto munities, particularly those in the to final passage without intervening motion during tilling, soil disturbed by the western United States, that suffer from except one motion to recommit with or with- movement of livestock or bits of rock the highest rates of unemployment and out instructions. kicked up by a truck driving down a are least equipped to bear the burden of The SPEAKER pro tempore. The gen- dirt road. The definition specifically additional costs stemming from Wash- tleman from Florida is recognized for 1 precludes combustion emissions, coal ington. hour. combustion residues and radioactive So once again, Madam Speaker, I rise Mr. WEBSTER. Madam Speaker, for particulate matter from mining oper- in support of this rule and the under- the purpose of debate only, I yield the ations. lying legislation. The relevant com- customary 30 minutes to my colleague H.R. 1633 does not eliminate EPA’s mittee of jurisdiction has worked to from Colorado (Mr. POLIS), pending authority to step in if local or State provide us with a bipartisan bill which, which I yield myself such time as I regulatory efforts fall short of what is at its core, quite simply offers regu- may consume. During consideration of needed to adequately protect the pub- latory certainty in the short term and this resolution, all time yielded is for lic. The bill would allow EPA to step in commonsense regularity relief in the the purpose of debate only. and regulate ‘‘nuisance dust’’ in areas where States and localities do not do long. GENERAL LEAVE This bill is not a cure-all, but is a so, if it substantially hurts the public Mr. WEBSTER. Madam Speaker, I step in the right direction. While a health, and if benefits of applying these ask unanimous consent that all Mem- small step, it is a commonsense ap- standards outweigh the cost. bers have 5 legislative days to revise proach to fixing what’s wrong in Wash- and extend their remarks. b 0920 ington, D.C. It’s a step that many in The SPEAKER pro tempore. Is there So in summary, if it isn’t regulated, Congress on both sides of the aisle objection to the request of the gen- it would harm public health, and the seem ready and willing to take. tleman from Florida? benefit of regulation would outweigh As I mentioned, the Farm Dust Regu- There was no objection. the cost of regulation. The EPA could, lation Prevention Act passed out of Mr. WEBSTER. Madam Speaker, I and presumably would, fill that void. subcommittee and full committee with rise today in support of the rule and While EPA Administrator Jackson bipartisan support. The bill has over the underlying bill. House Resolution has announced that she does not plan 100 bipartisan cosponsors. Companion 487 provides for a structured rule for on changing the standard, EPA has legislation in the Senate also enjoys consideration of House Resolution 1633, been actively considering a revised, that same bipartisan support. the Farm Dust Regulation Prevention more costly and stringent standard as Let’s ensure rural businesses and Act. part of the review process. The same American farmers that at least for 1 The rule makes 8 of the 11 amend- review process increased the stringency more year they can cross dust off the ments submitted to the Rules Com- of that standard in 1996 and most re- list of the potential bureaucratic bur- mittee in order, a majority of which cently in 2006. Prior to the administra- dens passed down from Washington. are Democrat amendments, in order to tor’s announcement, EPA’s staff had I encourage my colleagues to vote have robust debate here on the floor of recommended further changes to the ‘‘yes ‘‘on the rule and ‘‘yes’’ on the un- the House of Representatives. standard. derlying bill, and I reserve the balance H.R. 1633 passed out of the Energy Despite Administrator Jackson’s of my time. and Commerce Committee with bipar- statement, there is nothing currently Mr. POLIS. Madam Speaker, I thank tisan support after proceeding through on the books preventing the EPA from my colleague for yielding me the cus- the committee process under regular adopting a stricter regulation. Further, tomary 30 minutes, and I yield myself order. A subcommittee hearing was fol- as we all know, the environmental such time as I may consume. lowed by a subcommittee markup, and lobby could force a more stringent I rise today in opposition to the rule then a markup was held by the full standard regardless of what the EPA and the underlying bill. committee, which passed the bill with announces, finalizes, or proposes Today, there are very serious chal- bipartisan support. through legal action. lenges facing our country, facing rural The Farm Dust Regulation Preven- This legislation provides ironclad America, suburban America, and urban tion Act is quite simple. It seeks regu- certainty to farmers, ranchers, small America. In the next 3 weeks, Congress

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19236 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 has to address the payroll tax cut trial sources, with dire consequences Congress and this country need to work issue, or there will be an enormous tax for health and well-being. It disables on. Let’s get to work. increase, over $1,000 per family, to the the ambient air quality standards I reserve the balance of my time. American middle class. This Congress within the Air Quality Act. This bill Mr. WEBSTER. I continue to reserve has to pass a budget or the government won’t help farmers at all because it the balance of my time. will shut down. This Congress has to won’t fend off any onerous regulation Mr. POLIS. Madam Speaker, it is my address a number of other expiring tax because none of the regulations that honor to yield 3 minutes to the gentle- provisions—all in the next 3 weeks. are being contemplated are even being woman from Wisconsin (Ms. BALDWIN). Ms. BALDWIN. I thank the gen- This is real work to do, real work thought of by anybody in the EPA. that needs to be done for the American Interestingly, what this bill will do is tleman for yielding time. Madam Speaker, the bill before us middle class, the American people, for it allows the release of more pollution today is entitled the Farm Dust Regu- from industrial sources like open-pit farmers, for businessmen and -women, lation Prevention Act of 2011. and for workers. mining, coal-processing facilities, ce- I want to make something very clear. And yet today, this body is not tak- ment kilns and smelters. This has If we were here today voting on a bill ing on real work. Instead, we’re ad- nothing to do with the family farms that actually stopped farm dust from dressing an illusory problem, a fake that you’re going to hear people talk being regulated by the EPA, I would problem rather than a real one. My col- about debating this bill. support it. Agriculture is hugely im- league from Florida mentioned the That’s why this bill’s main sup- portant to my home State of Wis- specter of someone somehow regulating porters are not farmers, but they’re the consin, and the thought of regulating the dust kicked up by a truck on a dirt mining industry. In fact, this bill has farm dust on a Federal level is simply road. I don’t think there’s a single gained vocal support from the National ridiculous. However, there is no at- Member of this body that wants to reg- Mining Association; and one of the big- tempt by the EPA to regulate farm ulate the dust that’s kicked up by a gest groups representing farmers, the dust. Administrator Lisa Jackson said truck on a dirt road. The EPA cer- National Farmers Union, has said this that the EPA has no intention of regu- tainly doesn’t. The farmers don’t want bill isn’t necessary. In fact, in October, lating farm dust. us to. Members of Congress don’t want National Farmers Union president b 0930 us to. Roger Jackson said, ‘‘The National So what are we exactly talking Farmers Union is pleased to see EPA The Republican Senate sponsor of about? Instead of addressing the seri- Administrator Jackson provide final this bill, former Secretary of Agri- ous problems that are facing the Na- clarification for Members of Congress culture MIKE JOHANNS, states that the tion, we’re talking about a bill that and the agriculture community that EPA has provided ‘‘unequivocal assur- satisfies talking points, has a few unin- the agency does not have plans to regu- ance that it won’t attempt to regulate tended consequences, which I’ll get late farm dust.’’ farm dust.’’ into in my remarks, and ignores the He went on, ‘‘Lately, there has been This legislation is not about farm real problems of today. considerable anxiety within the farm- dust. Instead, this bill creates a new This bill before us claims to block ing community that EPA is going to category of pollution called ‘‘nuisance the EPA from implementing a rule regulate dust on farms. We hope this dust’’ and exempts it from the Clean that doesn’t even exist, hasn’t even action finally puts to rest the misin- Air Act entirely. To be clear, ‘‘nui- been thought up, and is opposed by the formation regarding dust regulation sance dust’’ is a made-up term that has head of the EPA. That’s right. We’ve and eases the minds of farmers and no basis in established science. Under this legislation, particulate got millions of unemployed Americans, ranchers across the country.’’ pollution from open-pit mines, mine a massive tax increase looming, and Yet, instead of letting sleeping dogs processing plants, sand mines, lead yet here we have a bill to stop the EPA lie and quelling the ridiculous rumors smelters, and cement kilns would be from doing something it’s not doing. that somebody plans to regulate dust exempt from the Clean Air Act. These EPA Administrator Lisa Jackson kicked up from cars on dirt roads, here facilities emit coarse and fine particu- just told Congress specifically that we have Members of this body reinvigo- lates—arsenic, lead, mercury, and they have no intention of doing a rule rating and giving credibility to these other toxic substances. in this area because the existing rules false rumors, scaring the hardworking Now, I don’t know about you, Madam passed during the Reagan administra- farmers of America into thinking Speaker, but this doesn’t sound like tion are adequate. somehow government is about to regu- ‘‘farm dust’’ to me. So instead of worrying about a non- late something that no one is pur- I agree with my colleague Congress- existent farm dust rule, maybe we porting to regulate. man JOHN DINGELL, who said, ‘‘This is should pass a regulatory ban on blow- Furthermore, during committee con- a solution in search of a problem.’’ ing smoke, because that’s exactly what sideration of this bill, an amendment During the Energy and Commerce Congress is doing with this bill here by Congressman BUTTERFIELD would Committee markup, the majority today. have explicitly limited this bill to agri- showed us that this bill isn’t about Not only does this bill seek to ad- culture, which is what the proponents farm dust at all; it’s about hacking an- dress a non-existent problem, Madam of this bill purport it to be about. And other hole in the Clean Air Act and Speaker, but it also has a number of yet the majority voted down that about stoking the fears of rural Ameri- unintended consequences. The new amendment, sending a clear message cans and farmers for cheap political loopholes it creates in the mining and that this bill is not about farmers. points. other sectors will have severe public Let us see this bill for what it really Americans are so sick of these polit- health and environmental impacts. is—another effort to attack the EPA ical games. They want jobs, not fear Now, there will be a number of amend- and prevent the EPA from imple- mongering and baseless accusations. ments that have been allowed under menting the Clean Air Act under its We shouldn’t be wasting our time and this rule that will go into a discussion commonsense rules to protect our pub- theirs dealing with myths. We have and tailoring of this bill to hopefully lic health. real problems that need real solutions. roll back some of these unintended It’s time to get serious with the busi- We should be extending the payroll consequences, but what this bill does, ness of the House, to take on the real tax relief for hardworking American rather than solve a problem, is create a tasks that we have of expanding the families. We should be passing a trans- slew of new problems which we would payroll tax cut, passing a budget, and portation bill that puts Americans need to address. stop making up problems and making back to work rebuilding our crumbling This bill is chock full of exemptions up solutions that cause more problems roads and bridges. We should be extend- for major industries. It allows for more than they purport to solve. We’ve al- ing unemployment insurance to mil- arsenic and lead pollution from indus- ready got enough problems that this lions of Americans who are still out,

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19237 pounding the pavement day in and day it up and the President signs it, and I about raising the debt limit. It was out, trying to find work. hope we end up with less regulation in such an awful thing, so we created this Republicans need to stop stoking the an area where many, many jobs could committee that was going to cut $1.2 fears of farmers and rural Americans be created and where certainty could trillion. That was magician talk. You and get back to fixing the real crisis be provided if we would only pass this don’t want to talk about raising the facing our country—the jobs crisis. bill. debt limit. You want to talk about this Mr. WEBSTER. I continue to reserve I reserve the balance of my time. committee that did nothing because the balance of my time. Mr. POLIS. I don’t see how this bill the six members on the Republican side Mr. POLIS. Madam Speaker, if we de- would create any jobs, because it’s pur- who came to that committee said from feat the previous question, I will offer porting to undo regulations that don’t the very start that they would not an amendment to the rule to require exist and that aren’t going to exist. So, raise taxes, that they would not look that we vote on an unemployment ben- obviously, if somebody at the EPA at revenue. efit extension and that we vote on a were to get the idea to start regulating The SPEAKER pro tempore. The payroll tax holiday extension for next farm dust, we would probably act to time of the gentleman has expired. year before we leave for the holidays. undo those regulations, which might Mr. POLIS. I yield the gentleman an I would like to yield 2 minutes to the help create jobs. Yet nobody is doing additional 30 seconds. gentleman from Georgia (Mr. LEWIS). that, so this bill does absolutely noth- b 0940 Mr. LEWIS of Georgia. I want to ing. thank my friend and colleague for I would like to yield 3 minutes to the Mr. MCDERMOTT. In my view, if yielding. gentleman from Washington (Mr. you’re serious, you sit down and you talk about everything. The last 3 Madam Speaker, I rise today to urge MCDERMOTT). weeks of that committee, they never my colleagues to extend unemploy- Mr. MCDERMOTT. There is a lot of ment benefits now. mourning among the comedians of this even met. That was dust in people’s It is amazing that we have time to country that Herman Cain has left the eyes. Get them to talk about a commis- debate this farm dust bill. We are pol- field, but I think the Republican cau- sion. We had all this talk about a com- luting our air, but we don’t have time cus is now stepping in to give the co- mission. Are they going to do this, are to create jobs or to help people who medians things to laugh at. have lost their jobs through no fault of This bill is about dust. This is dust to they going to do that, what’s going to their own. It is our moral obligation to throw in the American people’s eyes so happen? In fact, everybody around here give just a little bit of hope, a little bit they won’t see what’s going on here. knew it was a lot of baloney from the of justice to help people survive these We’re going home a day early. Why start, and that’s what this is today, cold, difficult, hard times. aren’t we staying here tomorrow? Be- more baloney. You know, Yogi Berra, who is one of During this holiday season, I ask cause they haven’t got anything to do my favorite philosophers, said, this is each and every one of you to take a or they can’t figure out how to do it. I deja vu all over again. We did this last deep, hard look within and ask your- don’t know which it is. Christmas, we didn’t extend the bene- selves: Is this how I wish to treat my In fact, we have never put out a jobs fits, and we’re doing it again this year. mother? my father? my sister? my bill from this House now in 11 months Mr. WEBSTER. Madam Speaker, I brother? my son? my daughter or my of the Republican majority, who said yield myself such time as I may con- neighbor? jobs are the issue. Boy, we’ve got to get sume. The unemployed lost their jobs jobs. They haven’t produced a single Yes, Yogi Berra, it ain’t over till it’s through no fault of their own. They job in 11 months off this floor. They’re over. We’ve got time. don’t want handouts. They want jobs. letting the unemployment extension We have a plan. House Republicans This small amount of money is just expire. Beginning in January, 5 million have a plan. It’s down here on this enough to squeeze by while they con- Americans are not going to get benefits card. We have a plan, a jobs plan. tinue to look for jobs. Help them. from the unemployment insurance be- Twenty-five of those issues have al- Please help them keep roofs over their cause the Republicans have to throw ready passed this House and they went heads, shoes on their feet, food on their dust in the people’s eyes so that they to the Senate. And where are they? I tables, and heat in their homes. won’t see. But they know. They’re not don’t know. They’re there. They’re Madam Speaker, this is the least we stupid. ready to be acted on. can do. It is the right thing to do. It is The American people can see through Let me just give one. The union labor the fair thing to do. Fairness cannot this game. They know we’re going in this country rallied around that bill wait. Give them just a little bit of hope home because you can’t get your act a couple of days ago and said we want in the name of those elected to serve together. You run this House and you to build the pipeline. It’s tens of thou- them. Let’s come together. Let’s put can’t put a bill out here to extend un- sands of jobs. Many of the Democrats politics aside and just get it done. Vote employment benefits. Now, I under- opposed that, and yes, it’s thousands ‘‘no’’ on this rule, and extend unem- stand that the unemployment bill is an and thousands of jobs. Is it a job cre- ployment insurance here and now. issue, but you can’t extend the payroll. ator? Absolutely. Mr. WEBSTER. Madam Speaker, I Madam Speaker, what’s wrong with Do we have a plan? We have a plan, yield myself such time as I may con- the Republicans that they can’t get and that’s just one of the 25 that’s sume. their act together to somehow extend waiting in the Senate for action. We That’s a good reason as to why we the reduction in the payroll tax? need to have action there. We have a should pass this bill. The real cure for That’s going to take a thousand plan. We have job plans, this is it, and unemployment is employment. If we bucks out of every middle class per- we’re ready to move this country for- can remove the uncertainty from the son’s pocket in the next year—but ward, get our economy rolling again, marketplace for farmers and for those what are we talking about today? Dust. creating jobs, and making this econ- in other places in this country through Ah, dust. I can just see it on Jon Stew- omy better for everyone in America. limited regulation—good regulation art—or maybe it will be Sean Hannity. I reserve the balance of my time. but not by overburdening the busi- I don’t know which it will be. Mr. POLIS. Madam Speaker, we have nesses and the job creators of this The fact is that this Congress has no remaining speakers on our side. I country—then we will have the oppor- been a do-nothing Congress on the would like to inquire if the gentleman tunity to solve that problem, to solve issues that affect the American people. has any remaining speakers. it by hiring people. The middle class is getting clobbered, Mr. WEBSTER. I am prepared to I am hoping that this bill will pass. and you’re talking about dust. close. In knowing that it probably will pass It reminds me of this business we Mr. POLIS. I yield myself such time in the House, I hope the Senate takes went through, this manufactured stuff, as I may consume, Madam Speaker.

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19238 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 We get it and the American people bill shouldn’t be before us on the floor tainty in the short term for agricul- get it. Just because you repeat some- today. We have real work to do. We tural, ranching, and rural businesses thing enough times doesn’t make it need a good-faith effort to get to the by hitting pause on the EPA’s runaway true. bottom of the real issues that affect regulatory machine for just one meas- What businesses need in this country this country and caused the recession, ure for just 1 year. is long-term certainty and predict- and help the middle class. This bill is H.R. 1633 simply says that now is not ability, a fair playing field with clear not aimed at doing anything for farm- the time to thrust yet another burden- rules for all. And yet here we are with ers. It’s not even aimed at a real prob- some, costly and, in EPA’s own judg- a bill like this creating more uncer- lem. ment, unnecessary regulation on rural tainty by introducing ambiguously I urge my colleagues to follow the job creators. In the long term, it offers drafted bills and new ambiguously House CutGo guidelines, to table this regulatory relief to rural America by drafted standards that skew the rules bill and focus on the real problems we acknowledging that States and local in favor of some and against others, should be working on. We all must stop communities are better suited to man- making it tougher and tougher for pretending the answer to this country’s age dust in their own communities and small business, entrepreneurs, and problems is giving handouts and loop- thus grant them the flexibility to do innovators who don’t have teams of holes to those with the most lobbyists so. lobbyists in Washington, D.C., moni- here in Washington, D.C. It’s particularly offensive because toring every bit of legislation to get by As I mentioned earlier, Madam it’s like the old cookie-cutter approach and succeed. Speaker, if we defeat the previous ques- that Washington uses, the same pro- The American people understand it tion, I will offer an amendment to the gram that’s good for Ocoee, Florida, is wasn’t the Environmental Protection rule. good for Butte, Montana, and inner- Agency that caused this recession, that I ask unanimous consent to insert city New York, and it’s wrong. We caused this economic mess we’re in, the text of the amendment in the ought to get rid of the cookie-cutter and the economic recovery won’t come RECORD along with extraneous mate- approach and go back to local commu- through creating loopholes in public rial immediately prior to the vote on nities and State governments and let health laws. the previous question. them solve their problems, as opposed If we are serious about helping farm- The SPEAKER pro tempore. Is there to one-size-fits-all Federal Govern- ers, there’s plenty that we could be objection to the request of the gen- ment. doing. But increasing industrial pollu- tleman from Colorado? Given the state of the economy, tion for mining and coal processing There was no objection. given the EPA administrator’s own isn’t something that farmers in my dis- Mr. POLIS. Madam Speaker, I urge comments about the lack of need to trict and across Colorado have asked my colleagues to vote ‘‘no’’ and defeat further regulate farm dust, given the me to do. the previous question so that we can do dearth of scientific evidence that says Farmers are concerned about many the right thing for working families that this is a danger, there is some sort real-life challenges. Farmers are con- and the millions of people looking for a of danger from farm dust, this legisla- cerned that their kids can’t get financ- job and vote on an unemployment ex- tion represents a commonsense effort ing to go carry on the family business tension and a payroll tax holiday and to create an environment for job cre- because the startup and liability costs ation that all Members should support. are too high. Farmers are concerned extension before we leave for next year, 3 more weeks. It gives farmers, ranchers, and other about the estate tax. rural small business owners the cer- Farmers are concerned about getting I urge a ‘‘no’’ vote on the rule, and I tainty, at least when it comes to dust, sued by Monsanto because their crops yield back the balance of my time. that costly regulations would not were contaminated by Roundup Ready Mr. WEBSTER. Madam Speaker, I shackle their ability to focus on grow- pollen. Farmers are concerned about yield myself the balance of my time. ing their business, providing for their rapid swings in commodity prices be- This bill provides for ample open de- families, and creating much needed cause of instability in the market. Po- bate, allowing for the colleagues here on this floor and across the aisle, both jobs in rural America. litical brinksmanship and gridlock cre- I ask my colleagues to join me in ate market instability, and bills that on our side and theirs, to offer amend- voting in favor of the rule and passage create corporate handouts, loopholes, ments to this bill. The underlying bill isn’t particularly of the underlying bill. and more uncertainty like this one The material previously referred to aren’t helping farmers, they’re hurting controversial. As a matter of fact, it’s by Mr. POLIS is as follows: farmers, and they aren’t helping the rather simple. This bill has no effect on direct spending. It does not appropriate AN AMENDMENT TO H. RES. 487 OFFERED BY MR. rest of the country either. POLIS In addition to ignoring the needs of any money or have any new appropriation in it at all. This bill creates no At the end of the resolution, add the fol- farmers, this bill ignores our national lowing new sections: debt. In fact, it ignores our own House new programs. It has nothing to do SEC. 2. Not later than December 16, 2011, protocols to pay for things. Oddly with CutGo or pay-as-you-go, either the House of Representatives shall vote on enough, not regulating this non- way. It doesn’t do either. passage of a bill to extend the payroll tax existent regulation isn’t cheap. Be- In the end, I can’t imagine 186 dif- holiday beyond 2011, the title of which is as cause of the bureaucratic changes that ferent groups being so stirred up in this follows: ‘Payroll Tax Holiday Extension Act would ensue from this bill, the non- country to write and to call and to ask of 2011.’. for this legislation, groups like the Na- SEC. 3. Not later than December 16, 2011, partisan CBO has scored this bill as the House of Representatives shall vote on costing the Federal Government $10 tional Corn Growers Association and passage of a bill to provide for the continu- million. So this bill violates the Re- the Sheep Growers Association and the ation of unemployment benefits, the title of publican rule for discretionary author- Association of Cooperatives and the which is as follows: ‘Emergency Unemploy- izations. Farm Bureaus across this country and ment Compensation Extension Act of 2011.’. In fact, while the majority has the American Soybean Association and pledged to adhere to spending limits on many, many more getting stirred up (The information contained herein was all indirect spending bills by including about nothing? provided by the Republican Minority on multiple occasions throughout the 110th and offsetting language, this bill includes No, that argument is heifer dust. It 111th Congresses.) is. This argument is real, it’s true, and no offsetting language, which is par- THE VOTE ON THE PREVIOUS QUESTION: WHAT ticularly grating because this bill it’s right, and it’s absolutely just like IT REALLY MEANS doesn’t actually do anything besides what’s happening in EPA in many This vote, the vote on whether to order the create more Federal bureaucrats. other areas. previous question on a special rule, is not Madam Speaker, with only one com- The underlying bill, as I said, is quite merely a procedural vote. A vote against or- mittee hearing and a quick vote, this simple. It provides much-needed cer- dering the previous question is a vote

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19239 against the Republican majority agenda and The question was taken; and the [Roll No. 902] a vote to allow the opposition, at least for Speaker pro tempore announced that YEAS—241 the moment, to offer an alternative plan. It the ayes appeared to have it. is a vote about what the House should be de- Adams Goodlatte Nunnelee bating. Mr. POLIS. Madam Speaker, on that Aderholt Gosar Olson Mr. Clarence Cannon’s Precedents of the I demand the yeas and nays. Akin Gowdy Paulsen House of Representatives (VI, 308–311), de- The yeas and nays were ordered. Alexander Granger Pearce scribes the vote on the previous question on The SPEAKER pro tempore. Pursu- Amash Graves (GA) Pence the rule as ‘‘a motion to direct or control the Amodei Graves (MO) Peterson ant to clause 8 of rule XX, further pro- Austria Griffin (AR) Petri consideration of the subject before the House ceedings on this question will be post- Bachus Griffith (VA) Pitts being made by the Member in charge.’’ To poned. Barletta Grimm Platts defeat the previous question is to give the Bartlett Guinta Poe (TX) opposition a chance to decide the subject be- f Barton (TX) Guthrie Pompeo fore the House. Cannon cites the Speaker’s RECESS Bass (NH) Hall Posey ruling of January 13, 1920, to the effect that Benishek Hanna Price (GA) ‘‘the refusal of the House to sustain the de- The SPEAKER pro tempore. Pursu- Berg Harper Quayle mand for the previous question passes the Biggert Harris Reed ant to clause 12(a) of rule I, the Chair Bilbray Hartzler Rehberg control of the resolution to the opposition’’ declares the House in recess subject to Bilirakis Hastings (WA) Reichert in order to offer an amendment. On March the call of the Chair. Bishop (UT) Hayworth Renacci 15, 1909, a member of the majority party of- Accordingly (at 9 o’clock and 50 min- Black Heck Ribble fered a rule resolution. The House defeated Blackburn Hensarling Rigell the previous question and a member of the utes a.m.), the House stood in recess Bonner Herger Rivera opposition rose to a parliamentary inquiry, subject to the call of the Chair. Bono Mack Herrera Beutler Roby asking who was entitled to recognition. f Boren Huelskamp Roe (TN) Speaker Joseph G. Cannon (R–Illinois) said: Boustany Huizenga (MI) Rogers (AL) ‘‘The previous question having been refused, b 1030 Brady (TX) Hultgren Rogers (KY) Brooks Hunter Rogers (MI) the gentleman from New York, Mr. Fitz- AFTER RECESS Broun (GA) Hurt Rohrabacher gerald, who had asked the gentleman to Buchanan Issa Rokita yield to him for an amendment, is entitled to The recess having expired, the House Bucshon Jenkins Rooney the first recognition.’’ was called to order by the Speaker pro Buerkle Johnson (IL) Ros-Lehtinen Because the vote today may look bad for tempore (Mrs. MILLER of Michigan) at Burgess Johnson (OH) Ross (AR) the Republican majority they will say ‘‘the 10 o’clock and 30 minutes a.m. Burton (IN) Johnson, Sam Ross (FL) vote on the previous question is simply a Calvert Jones Rothman (NJ) vote on whether to proceed to an immediate f Camp Jordan Royce Campbell Kelly Runyan vote on adopting the resolution . . . [and] ANNOUNCEMENT BY THE SPEAKER has no substantive legislative or policy im- Canseco King (IA) Ryan (WI) PRO TEMPORE Cantor King (NY) Scalise plications whatsoever.’’ But that is not what Capito Kingston Schilling they have always said. Listen to the Repub- The SPEAKER pro tempore. Pursu- Carter Kinzinger (IL) Schmidt lican Leadership Manual on the Legislative ant to clause 8 of rule XX, proceedings Cassidy Kline Schock Process in the United States House of Rep- will resume on questions previously Chabot Labrador Schweikert Chaffetz Lamborn Scott (SC) resentatives, (6th edition, page 135). Here’s postponed. how the Republicans describe the previous Coble Lance Scott, Austin question vote in their own manual: ‘‘Al- Votes will be taken in the following Coffman (CO) Landry Sensenbrenner though it is generally not possible to amend order: ordering the previous question Cole Lankford Sessions on H. Res. 487, by the yeas and nays; Conaway Latham Shimkus the rule because the majority Member con- Cravaack LaTourette Shuler trolling the time will not yield for the pur- adoption of H. Res 487, if ordered; mo- Crawford Latta Shuster pose of offering an amendment, the same re- tion to suspend the rules on H.R. 1254, Crenshaw Lewis (CA) Simpson sult may be achieved by voting down the pre- de novo; approval of the Journal, de Culberson LoBiondo Smith (NE) vious question on the rule . . . When the mo- Davis (KY) Long Smith (NJ) tion for the previous question is defeated, novo. Denham Lucas Smith (TX) control of the time passes to the Member The first electronic vote will be con- Dent Luetkemeyer Southerland who led the opposition to ordering the pre- ducted as a 15-minute vote. The re- DesJarlais Lummis Stearns mainder of the votes in this series will Dold Lungren, Daniel Stivers vious question. That Member, because he Dreier E. Stutzman then controls the time, may offer an amend- be conducted as 5-minute votes. Duffy Mack Sullivan ment to the rule, or yield for the purpose of f Duncan (SC) Manzullo Terry amendment.’’ Duncan (TN) Marchant Thompson (PA) In Deschler’s Procedure in the U.S. House PROVIDING FOR CONSIDERATION Ellmers Marino Thornberry of Representatives, the subchapter titled OF H.R. 1633, FARM DUST REGU- Emerson Matheson Tiberi ‘‘Amending Special Rules’’ states: ‘‘a refusal Farenthold McCarthy (CA) Tipton LATION PREVENTION ACT OF Fincher McCaul Turner (NY) to order the previous question on such a rule 2011. [a special rule reported from the Committee Fitzpatrick McClintock Turner (OH) Flake McCotter Upton on Rules] opens the resolution to amend- The SPEAKER pro tempore. The un- Fleischmann McHenry Walberg ment and further debate.’’ (Chapter 21, sec- finished business is the vote on order- Fleming McKeon Walden tion 21.2) Section 21.3 continues: ‘‘Upon re- ing the previous question on the reso- Flores McKinley Walsh (IL) jection of the motion for the previous ques- lution (H. Res. 487) providing for con- Forbes McMorris Webster tion on a resolution reported from the Com- Fortenberry Rodgers West mittee on Rules, control shifts to the Mem- sideration of the bill (H.R. 1633) to es- Foxx Meehan Westmoreland ber leading the opposition to the previous tablish a temporary prohibition Franks (AZ) Mica Whitfield question, who may offer a proper amendment against revising any national ambient Frelinghuysen Miller (FL) Wilson (SC) Gallegly Miller (MI) Wittman or motion and who controls the time for de- air quality standard applicable to Gardner Miller, Gary Wolf bate thereon.’’ coarse particulate matter, to limit Garrett Mulvaney Womack Clearly, the vote on the previous question Federal regulation of nuisance dust in Gerlach Murphy (PA) Woodall on a rule does have substantive policy impli- areas in which such dust is regulated Gibbs Neugebauer Yoder cations. It is one of the only available tools Gibson Noem Young (AK) for those who oppose the Republican major- under State, tribal, or local law, and Gingrey (GA) Nugent Young (FL) ity’s agenda and allows those with alter- for other purposes, on which the yeas Gohmert Nunes Young (IN) native views the opportunity to offer an al- and nays were ordered. ternative plan. The Clerk read the title of the resolu- NAYS—173 Mr. WEBSTER. Madam Speaker, I tion. Ackerman Berman Capps Altmire Bishop (GA) Capuano yield back the balance of my time, and The SPEAKER pro tempore. The Andrews Bishop (NY) Cardoza I move the previous question on the question is on ordering the previous Baca Blumenauer Carnahan resolution. question. Baldwin Boswell Carney The SPEAKER pro tempore. The The vote was taken by electronic de- Barrow Brady (PA) Carson (IN) Bass (CA) Braley (IA) Chandler question is on ordering the previous vice, and there were—yeas 241, nays Becerra Brown (FL) Chu question. 173, not voting 19, as follows: Berkley Butterfield Cicilline

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19240 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 Clarke (MI) Honda Pingree (ME) [Roll No. 903] Capuano Hinojosa Polis Clarke (NY) Inslee Polis Carnahan Hirono Price (NC) Clay Jackson Lee Price (NC) AYES—249 Carney Holden Quigley Cleaver (TX) Carson (IN) Holt Quigley Adams Goodlatte Nunnelee Rangel Cohen Johnson (GA) Chu Honda Rangel Aderholt Gosar Olson Reyes Connolly (VA) Johnson, E. B. Cicilline Inslee Reyes Akin Gowdy Owens Richardson Conyers Kaptur Clarke (MI) Jackson Lee Richardson Alexander Granger Palazzo Richmond Cooper Keating Clarke (NY) (TX) Richmond Amash Graves (GA) Paulsen Rothman (NJ) Costa Kildee Clay Johnson (GA) Roybal-Allard Amodei Graves (MO) Pearce Roybal-Allard Costello Kind Cleaver Johnson, E. B. Ruppersberger Austria Griffin (AR) Pence Ruppersberger Courtney Kissell Cohen Kaptur Rush Bachus Griffith (VA) Peterson Rush Critz Kucinich Connolly (VA) Keating Ryan (OH) Barletta Grimm Petri Ryan (OH) Crowley Langevin Conyers Kildee Sa´ nchez, Linda Bartlett Guinta Pitts Sa´ nchez, Linda Cuellar Larsen (WA) Cooper Kucinich T. Barton (TX) Guthrie T. Cummings Larson (CT) Platts Costello Langevin Sanchez, Loretta Bass (NH) Hall Sanchez, Loretta Davis (CA) Lee (CA) Poe (TX) Courtney Larsen (WA) Sarbanes Benishek Hanna Sarbanes DeFazio Levin Pompeo Critz Larson (CT) Schakowsky Berg Harper Schakowsky DeGette Lewis (GA) Posey Crowley Lee (CA) Schiff Biggert Harris Schiff DeLauro Lipinski Price (GA) Cuellar Levin Schrader Bilirakis Hartzler Schrader Deutch Loebsack Quayle Cummings Lewis (GA) Schwartz Bishop (UT) Hastings (WA) Schwartz Dicks Lofgren, Zoe Reed Davis (CA) Lipinski Scott (VA) Black Hayworth Scott (VA) Dingell Lowey Rehberg DeFazio Lofgren, Zoe Blackburn Heck Doggett Luja´ n Scott, David Reichert DeGette Lowey Scott, David Bonner Hensarling Donnelly (IN) Lynch Serrano Renacci DeLauro Luja´ n Serrano Bono Mack Herger Doyle Maloney Sewell Ribble Deutch Lynch Sewell Boren Herrera Beutler Edwards Markey Sherman Rigell Dicks Maloney Sherman Boswell Hochul Ellison Matsui Sires Rivera Dingell Markey Sires Boustany Huelskamp Engel McCarthy (NY) Slaughter Roby Doggett Matsui Slaughter Brady (TX) Huizenga (MI) Eshoo McCollum Smith (WA) Roe (TN) Doyle McCarthy (NY) Smith (WA) Brooks Hultgren Farr McDermott Speier Rogers (AL) Edwards McCollum Speier Broun (GA) Hunter Fattah McGovern Sutton Rogers (KY) Ellison McDermott Sutton Buchanan Hurt Filner McIntyre Thompson (CA) Rogers (MI) Engel McGovern Thompson (CA) Bucshon Issa Fudge McNerney Thompson (MS) Rohrabacher Eshoo McNerney Thompson (MS) Buerkle Jenkins Garamendi Meeks Tierney Rokita Farr Meeks Tierney Burgess Johnson (IL) Gonzalez Michaud Tonko Ros-Lehtinen Fattah Michaud Tonko Burton (IN) Johnson (OH) Green, Al Miller (NC) Towns Roskam Filner Miller (NC) Towns Calvert Johnson, Sam Green, Gene Miller, George Tsongas Ross (AR) Fudge Miller, George Tsongas Camp Jones Grijalva Moore Van Hollen Ross (FL) Garamendi Moore Van Hollen Campbell Jordan Gutierrez Moran Vela´ zquez Royce Gonzalez Moran Vela´ zquez Canseco Kelly Hahn Murphy (CT) Visclosky Runyan Green, Al Murphy (CT) Visclosky Cantor Kind Hanabusa Napolitano Walz (MN) Ryan (WI) Green, Gene Napolitano Wasserman Capito King (IA) Hastings (FL) Neal Wasserman Scalise Grijalva Neal Schultz Cardoza King (NY) Heinrich Olver Schultz Schilling Gutierrez Pallone Waters Carter Kingston Higgins Owens Waters Schmidt Hahn Pascrell Watt Cassidy Kinzinger (IL) Himes Pallone Watt Hanabusa Pastor (AZ) Waxman Chabot Kissell Schock Hinojosa Pascrell Waxman Hastings (FL) Payne Welch Chaffetz Kline Schweikert Hirono Pastor (AZ) Welch Heinrich Perlmutter Wilson (FL) Chandler Labrador Scott (SC) Hochul Payne Wilson (FL) Higgins Peters Woolsey Coble Lance Scott, Austin Holden Perlmutter Woolsey Himes Pingree (ME) Yarmuth Coffman (CO) Landry Sensenbrenner Holt Peters Yarmuth Sessions Cole Lankford NOT VOTING—23 Conaway Latham Shimkus NOT VOTING—19 Costa LaTourette Shuler Bachmann Giffords Nugent Bachmann Hinchey Paul Cravaack Latta Shuster Bilbray Hinchey Olver Castor (FL) Hoyer Pelosi Crawford Lewis (CA) Simpson Castor (FL) Hoyer Paul Smith (NE) Clyburn Israel Clyburn Israel Rahall Crenshaw LoBiondo Pelosi Smith (NJ) Davis (IL) Jackson (IL) Davis (IL) Jackson (IL) Roskam Culberson Loebsack Rahall Smith (TX) Diaz-Balart Lamborn Diaz-Balart Myrick Stark Davis (KY) Long Rooney Frank (MA) Nadler Denham Lucas Southerland Frank (MA) Myrick Stark Giffords Palazzo Dent Luetkemeyer Stearns Garrett Nadler DesJarlais Lummis Stivers ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dold Lungren, Daniel Stutzman b 1100 Donnelly (IN) E. Sullivan The SPEAKER pro tempore (Mr. Dreier Mack Terry WOMACK) (during the vote). There are 2 Mr. CLEAVER, Ms. KAPTUR, Duffy Manzullo Thompson (PA) minutes remaining in this vote. Messrs. GUTIERREZ, PERLMUTTER, Duncan (SC) Marchant Thornberry Duncan (TN) Marino Tiberi b 1106 MARKEY, BERMAN, Ms. WASSER- Ellmers Matheson Tipton MAN SCHULTZ, and Mr. HONDA Emerson McCarthy (CA) Turner (NY) So the resolution was agreed to. changed their vote from ‘‘yea’’ to Farenthold McCaul Turner (OH) The result of the vote was announced ‘‘nay.’’ Fincher McClintock Upton Fitzpatrick McCotter Walberg as above recorded. So the previous question was ordered. Flake McHenry Walden A motion to reconsider was laid on Fleischmann McIntyre Walsh (IL) the table. The result of the vote was announced Fleming McKeon Walz (MN) as above recorded. Flores McKinley Webster f The SPEAKER pro tempore. The Forbes McMorris West Fortenberry Rodgers Westmoreland SYNTHETIC DRUG CONTROL ACT question is on the resolution. Foxx Meehan Whitfield OF 2011 The question was taken; and the Franks (AZ) Mica Wilson (SC) Frelinghuysen Miller (FL) Wittman The SPEAKER pro tempore. The un- Speaker pro tempore announced that Gallegly Miller (MI) Wolf finished business is the question on the ayes appeared to have it. Gardner Miller, Gary Womack Gerlach Mulvaney Woodall suspending the rules and passing the RECORDED VOTE Gibbs Murphy (PA) Yoder bill (H.R. 1254) to amend the Controlled Gibson Neugebauer Young (AK) Substances Act to place synthetic Mr. POLIS. Madam Speaker, I de- Gingrey (GA) Noem Young (FL) mand a recorded vote. Gohmert Nunes Young (IN) drugs in Schedule I, as amended. The Clerk read the title of the bill. A recorded vote was ordered. NOES—161 The SPEAKER pro tempore. The The SPEAKER pro tempore. This Ackerman Bass (CA) Blumenauer question is on the motion offered by will be a 5-minute vote. Altmire Becerra Brady (PA) the gentleman from Pennsylvania (Mr. The vote was taken by electronic de- Andrews Berkley Braley (IA) PITTS) that the House suspend the Baca Berman Brown (FL) vice, and there were—ayes 249, noes 161, Baldwin Bishop (GA) Butterfield rules and pass the bill, as amended. not voting 23, as follows: Barrow Bishop (NY) Capps The question was taken.

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19241 The SPEAKER pro tempore. In the Quigley Sanchez, Loretta Terry Stated against: Rangel Sarbanes Thompson (MS) opinion of the Chair, two-thirds being Reed Scalise Thompson (PA) Mr. HULTGREN. Mr. Speaker, on rollcall in the affirmative, the ayes have it. Rehberg Schiff Thornberry No. 904, had I been present, I would have RECORDED VOTE Reichert Schilling Tiberi voted ‘‘no.’’ Renacci Schmidt Tipton Mr. WHITFIELD. Mr. Speaker, I de- Reyes Schock Tonko f mand a recorded vote. Ribble Schrader Tsongas A recorded vote was ordered. Richardson Schwartz Turner (OH) THE JOURNAL Rigell Schweikert Upton The SPEAKER pro tempore. This is a Rivera Scott (SC) Walberg The SPEAKER pro tempore. Pursu- 5-minute vote. Roby Scott, Austin Walden ant to clause 8 of rule XX, the unfin- The vote was taken by electronic de- Roe (TN) Sensenbrenner Walz (MN) ished business is the question on agree- vice, and there were—ayes 317, noes 98, Rogers (AL) Sessions Wasserman Rogers (KY) Sewell Schultz ing to the Speaker’s approval of the not voting 18, as follows: Rogers (MI) Sherman Waxman Journal, which the Chair will put de [Roll No. 904] Rokita Shimkus Webster novo. Rooney Shuler Welch The question is on the Speaker’s ap- AYES—317 Ros-Lehtinen Shuster West Adams Dold Kinzinger (IL) Roskam Simpson Westmoreland proval of the Journal. Aderholt Donnelly (IN) Kissell Ross (AR) Smith (NE) Whitfield The question was taken; and the Akin Doyle Kline Ross (FL) Smith (NJ) Wilson (FL) Speaker announced that the ayes ap- Alexander Dreier Lamborn Rothman (NJ) Smith (TX) Wilson (SC) Altmire Duffy Lance Royce Southerland Wittman peared to have it. Amodei Duncan (SC) Landry Runyan Speier Wolf RECORDED VOTE Austria Duncan (TN) Langevin Ruppersberger Stearns Womack Mr. WOODALL. Mr. Speaker, I de- Baca Ellmers Lankford Ryan (OH) Stivers Yoder Bachus Emerson Larsen (WA) Ryan (WI) Stutzman Young (AK) mand a recorded vote. Barletta Engel Larson (CT) Sa´ nchez, Linda Sullivan Young (FL) A recorded vote was ordered. Barrow Farenthold Latham T. Sutton Young (IN) The SPEAKER pro tempore. This is a Bartlett Fincher LaTourette Barton (TX) Fitzpatrick Latta NOES—98 5-minute vote. Bass (NH) Fleischmann Lewis (CA) Ackerman Flake Moran The vote was taken by electronic de- Benishek Fleming Lipinski Amash Foxx Mulvaney vice, and there were—ayes 312, noes 94, Berg Flores LoBiondo Andrews Fudge Napolitano answered ‘‘present’’ 1, not voting 26, as Berkley Forbes Loebsack Baldwin Gonzalez Neal Berman Fortenberry Long Bass (CA) Graves (GA) Olver follows: Biggert Franks (AZ) Lowey Becerra Green, Al Payne [Roll No. 905] Bilbray Frelinghuysen Lucas Blumenauer Green, Gene Poe (TX) AYES—312 Bilirakis Gallegly Luetkemeyer Brady (PA) Grijalva Polis Bishop (GA) Garamendi Luja´ n Brooks Gutierrez Price (NC) Ackerman Coble Graves (GA) Bishop (NY) Gardner Lummis Broun (GA) Hastings (FL) Richmond Adams Coffman (CO) Graves (MO) Bishop (UT) Garrett Lungren, Daniel Brown (FL) Holt Rohrabacher Aderholt Cohen Green, Al Black Gerlach E. Butterfield Honda Roybal-Allard Akin Cole Griffin (AR) Blackburn Gibbs Lynch Campbell Jackson Lee Rush Alexander Connolly (VA) Griffith (VA) Bonner Gibson Mack Capuano (TX) Schakowsky Amodei Conyers Grimm Bono Mack Gingrey (GA) Manzullo Carson (IN) Johnson (GA) Scott (VA) Austria Cooper Guinta Boren Gohmert Marchant Chu Johnson, E. B. Scott, David Baca Courtney Guthrie Boswell Goodlatte Marino Clarke (MI) Kaptur Serrano Bachus Crawford Gutierrez Boustany Gosar Matheson Clarke (NY) Kingston Sires Barletta Crenshaw Hahn Brady (TX) Gowdy Matsui Clay Kucinich Slaughter Barrow Critz Hall Braley (IA) Granger McCarthy (CA) Cleaver Labrador Smith (WA) Bartlett Crowley Hanabusa Buchanan Graves (MO) McCarthy (NY) Cohen Lee (CA) Thompson (CA) Barton (TX) Culberson Harper Bucshon Griffin (AR) McCaul Conyers Levin Tierney Bass (NH) Davis (CA) Hartzler Buerkle Griffith (VA) McCollum Crowley Lewis (GA) Towns Becerra Davis (KY) Hastings (WA) Burgess Grimm McCotter Cummings Lofgren, Zoe Turner (NY) Berg DeGette Hayworth Burton (IN) Guinta McHenry DeGette Maloney Van Hollen Berkley DeLauro Heinrich Calvert Guthrie McIntyre Dicks Markey Vela´ zquez Berman Denham Hensarling Camp Hahn McKeon Doggett McClintock Visclosky Biggert Dent Herger Canseco Hall McKinley Edwards McDermott Walsh (IL) Bilbray DesJarlais Higgins Cantor Hanabusa McMorris Ellison McGovern Waters Bilirakis Deutch Hinojosa Capito Hanna Rodgers Eshoo Meeks Watt Bishop (GA) Dicks Hirono Capps Harper McNerney Farr Miller (NC) Woodall Bishop (UT) Dingell Hochul Cardoza Harris Meehan Fattah Miller, George Woolsey Black Doggett Holden Carnahan Hartzler Mica Filner Moore Yarmuth Blackburn Doyle Huelskamp Carney Hastings (WA) Michaud Bonner Dreier Huizenga (MI) Carter Hayworth Miller (FL) NOT VOTING—18 Bono Mack Duncan (SC) Hultgren Cassidy Heck Miller (MI) Bachmann Giffords Myrick Boswell Duncan (TN) Hunter Chabot Heinrich Miller, Gary Castor (FL) Hinchey Nadler Boustany Edwards Hurt Chaffetz Hensarling Murphy (CT) Clyburn Hoyer Paul Brady (TX) Ellmers Issa Chandler Herger Murphy (PA) Davis (IL) Hultgren Pelosi Braley (IA) Emerson Jackson Lee Cicilline Herrera Beutler Neugebauer Diaz-Balart Israel Rahall Brooks Engel (TX) Coble Higgins Noem Frank (MA) Jackson (IL) Stark Broun (GA) Eshoo Jenkins Coffman (CO) Himes Nugent Brown (FL) Farenthold Johnson (GA) Cole Hinojosa Nunes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Buchanan Farr Johnson (IL) Conaway Hirono Nunnelee The SPEAKER pro tempore (during Bucshon Fattah Johnson, E. B. Connolly (VA) Hochul Olson the vote). There are 2 minutes remain- Buerkle Fincher Johnson, Sam Cooper Holden Owens Burton (IN) Flake Jones Costa Huelskamp Palazzo ing. Butterfield Fleischmann Jordan Costello Huizenga (MI) Pallone b 1113 Calvert Fleming Kaptur Courtney Hunter Pascrell Camp Flores Kelly Cravaack Hurt Pastor (AZ) Messrs. NEAL, TIERNEY, POE of Campbell Forbes Kildee Crawford Inslee Paulsen Texas, and AL GREEN of Texas Canseco Fortenberry King (IA) Crenshaw Issa Pearce Cantor Franks (AZ) Kingston Critz Jenkins Pence changed their vote from ‘‘aye’’ to ‘‘no.’’ Capito Frelinghuysen Kissell Cuellar Johnson (IL) Perlmutter Ms. RICHARDSON changed her vote Capps Fudge Kline Culberson Johnson (OH) Peters from ‘‘no’’ to ‘‘aye.’’ Carnahan Gallegly Labrador Davis (CA) Johnson, Sam Peterson So (two-thirds being in the affirma- Carney Garamendi Lamborn Davis (KY) Jones Petri Carter Gerlach Landry DeFazio Jordan Pingree (ME) tive) the rules were suspended and the Chabot Gibbs Langevin DeLauro Keating Pitts bill, as amended, was passed. Chaffetz Gingrey (GA) Lankford Denham Kelly Platts The result of the vote was announced Cicilline Gonzalez Larsen (WA) Dent Kildee Pompeo as above recorded. Clarke (MI) Goodlatte Larson (CT) DesJarlais Kind Posey Clarke (NY) Gosar LaTourette Deutch King (IA) Price (GA) A motion to reconsider was laid on Clay Gowdy Latta Dingell King (NY) Quayle the table. Cleaver Granger Levin

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19242 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 Lewis (CA) Payne Serrano Paul Rahall Waters term and common sense for rural Lipinski Pearce Sessions Pelosi Stark Webster America in the long term. The bill re- Loebsack Pence Sewell Polis Walsh (IL) Lofgren, Zoe Perlmutter Sherman tains the current coarse particulate ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Long Peters Shimkus matter standard for 1 year—a position Lowey Petri Shuster The SPEAKER pro tempore (during that Administrator Lisa Jackson from Luetkemeyer Pingree (ME) Simpson the vote). There are 2 minutes remain- Luja´ n Pitts EPA has embraced with her plans to Sires ing. Lummis Platts Smith (NE) propose maintaining the standard—and Lungren, Daniel Pompeo Smith (NJ) it offers regulatory relief to rural E. Posey b 1119 Smith (TX) Mack Price (GA) America by recognizing that States Smith (WA) So the Journal was approved. Maloney Price (NC) and local communities are better Southerland Manzullo Quigley The result of the vote was announced Speier equipped to monitor and control farm Marchant Rehberg as above recorded. dust. EPA would no longer be in the Marino Reichert Stearns McCarthy (CA) Reyes Stivers f business of regulating rural dust except Stutzman McCarthy (NY) Richardson FARM DUST REGULATION in cases where it is not already regu- McCaul Richmond Sullivan lated and the benefits of EPA regula- Thompson (PA) PREVENTION ACT OF 2011 McClintock Rigell tion outweigh the costs. McCollum Rivera Thornberry Mr. UPTON. Mr. Speaker, I ask unan- McHenry Roby Tiberi Opponents of this bill insist that it’s McIntyre Rogers (AL) Tierney imous consent that all Members may not necessary and that rural America McKeon Rogers (KY) Tonko have 5 legislative days to revise and ex- has nothing to worry about, but the McKinley Rogers (MI) Towns tend their remarks on the legislation McMorris Rohrabacher Tsongas voices of rural America tell quite a dif- Rodgers Rokita Turner (NY) and to insert extraneous material on ferent story. Listen to the American McNerney Ros-Lehtinen Upton H.R. 1633. Farm Bureau Federation and all of its Meeks Roskam Van Hollen The SPEAKER pro tempore (Mr. State affiliates. Listen to the Cattle- Mica Ross (AR) Vela´ zquez PAULSEN). Is there objection to the re- Michaud Ross (FL) men’s Beef Association and over 185 Walberg quest of the gentleman from Michigan? Miller (FL) Rothman (NJ) Walz (MN) other organizations who collectively Miller (MI) Roybal-Allard Wasserman There was no objection. represent a significant portion of the Miller (NC) Royce Schultz The SPEAKER pro tempore. Pursu- rural economy, including Michigan and Miller, Gary Runyan Watt Moran Ruppersberger ant to House Resolution 487 and rule across the country. These organiza- Waxman Murphy (CT) Ryan (WI) XVIII, the Chair declares the House in Welch tions believe that this bill is necessary, Murphy (PA) Scalise West the Committee of the Whole House on and so do I. Napolitano Schiff the state of the Union for the consider- Neal Schilling Westmoreland The bill makes clear that the lead Neugebauer Schmidt Whitfield ation of the bill, H.R. 1633. role in regulating nuisance dust should Noem Schock Wilson (FL) rest with State, local, and tribal gov- Nugent Schrader Wilson (SC) b 1119 Nunes Schwartz Wittman ernments, not the EPA. IN THE COMMITTEE OF THE WHOLE Nunnelee Schweikert Wolf This is a smart step for a lot of rea- Olson Scott (SC) Womack Accordingly, the House resolved sons. For one thing, State, local, and Owens Scott (VA) Woolsey itself into the Committee of the Whole tribal governments already address Palazzo Scott, Austin Yarmuth House on the state of the Union for the Pascrell Scott, David Young (FL) rural dust issues. For another, dust Paulsen Sensenbrenner Young (IN) consideration of the bill (H.R. 1633) to issues differ greatly from location to establish a temporary prohibition location and thus are not well suited to NOES—94 against revising any national ambient a one-size-fits-all Federal approach. Altmire Grijalva Pallone air quality standard applicable to Further, these levels of governments Andrews Hanna Pastor (AZ) coarse particulate matter, to limit Baldwin Harris Peterson do a much better job than the Federal Bass (CA) Hastings (FL) Poe (TX) Federal regulation of nuisance dust in EPA when it comes to weighing both Benishek Heck Quayle areas in which such dust is regulated the costs and the benefits of various Bishop (NY) Herrera Beutler Rangel under State, tribal, or local law, and Boren Holt options and choosing a path that is Reed for other purposes, with Mr. WOMACK in Brady (PA) Honda Renacci cost-effective and achieves the greatest Burgess Inslee Ribble the chair. benefits. Capuano Johnson (OH) Roe (TN) The Clerk read the title of the bill. Finally, under this bill, in the ab- Cardoza Keating Rooney The CHAIR. Pursuant to the rule, the Carson (IN) Kind sence of State, local, and tribal regula- Rush Chandler King (NY) bill is considered read the first time. tion, EPA may step in and regulate Ryan (OH) Chu Kinzinger (IL) Sa´ nchez, Linda The gentleman from Michigan (Mr. nuisance dust if the case for net bene- Conaway Kucinich T. UPTON) and the gentleman from Cali- Costa Lance fits can be made for it. This bill is a Costello Latham Sanchez, Loretta fornia (Mr. WAXMAN) each will control commonsense bill that removes a regu- Cravaack Lee (CA) Sarbanes 30 minutes. latory threat to economic growth and Cuellar Lewis (GA) Schakowsky Shuler The Chair recognizes the gentleman prosperity across rural America. I urge Cummings LoBiondo from Michigan. DeFazio Lynch Slaughter all my colleagues to support it. Dold Markey Sutton Mr. UPTON. Mr. Chairman, I yield I reserve the balance of my time. Donnelly (IN) Matheson Terry myself 2 minutes. Mr. WAXMAN. Mr. Chairman, I yield Thompson (CA) Duffy Matsui No question, from the largest manu- myself such time as I may consume. Ellison McCotter Thompson (MS) Filner McDermott Tipton facturer to the smallest farm or ranch, Over the past year, Republicans have Fitzpatrick McGovern Turner (OH) not enough businesses are thriving in brought to the floor one bill after an- Foxx Meehan Visclosky this economy. The recovery has been other to weaken the Clean Air Act and Gardner Miller, George Walden slow and weak, job growth has been Garrett Moore Woodall eliminate EPA authority to protect Gibson Mulvaney Yoder anemic, and the continuous rollout of public health from dangerous air pollu- Green, Gene Olver Young (AK) expensive new regulations has only tion. The House has passed bills to nul- made it harder to get the economy ANSWERED ‘‘PRESENT’’—1 lify EPA’s rules on air pollution from back on track. That’s why the House incinerators, power plants, cement Amash continues to approve bipartisan legis- kilns, and industrial boilers. But the NOT VOTING—26 lation addressing costly EPA rules, and bill before us today breaks new ground. Bachmann Diaz-Balart Hoyer that is why I support this legislation, It would block EPA from taking an ac- Blumenauer Frank (MA) Israel the Farm Dust Regulation Prevention tion that EPA has no plan to take. Cassidy Giffords Jackson (IL) Act. This bill is called the ‘‘Farm Dust Castor (FL) Gohmert Lucas Clyburn Himes Myrick This bill achieves two important Regulation Prevention Act of 2011.’’ Davis (IL) Hinchey Nadler goals: regulatory certainty in the short Well, that’s a misleading title. EPA

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19243 currently does not regulate farm dust And over the past 40 years, the Clean Our bill makes clear that the lead and they have no plans to regulate Air Act has brought us dramatic air role in regulating so-called nuisance farm dust. EPA Administrator Jackson quality improvements. But House Re- dust rests with State, local, and tribal told Congress that she will propose no publicans are intent on undoing these governments. And the bill defines nui- change to the current air quality achievements. In bill after bill, for one sance dust to include particulate mat- standard for coarse particles, which industry after another, the House has ter generated primarily from natural have been in place since the Reagan ad- voted to punch holes in the Clean Air sources, unpaved roads, earth moving, ministration. Act. It has voted for more weather-al- and other activities typically con- This bill belongs in the False Adver- tering carbon pollution, more toxic ducted in rural areas. tising Hall of Fame. It is not really mercury pollution, more arsenic and In some ways, it’s ludicrous we’re sit- about farms at all. Its real effect is to lead pollution, more particulate mat- ting here debating about the EPA regu- exempt industrial mining operations ter pollution, more sulfur dioxide pol- lating dust. And I might say that we and other large industries from regula- lution, and more nitrogen oxide pollu- have 197 organizations supporting this tion under the Clean Air Act. And it tion. In fact, the House has voted 170 legislation. threatens to overturn the particulate times to undermine our Nation’s envi- Now, why do we need the bill? Well, pollution standards that protect fami- ronmental laws—over 60 of those votes EPA has been considering more costly, lies in both rural and urban commu- were to dismantle the Clean Air Act. stringent PM10 standards. It is true nities. I urge my colleagues to protect clean that the EPA Administrator, Lisa Section three of the bill exempts so- air and the health of all Americans and Jackson, recently announced that she called ‘‘nuisance dust’’ from any regu- oppose H.R. 1633. would not propose new regulations, lation under the Clean Air Act. It then I reserve the balance of my time. that she would retain the current PM10 defines nuisance dust incredibly broad- Mr. WHITFIELD. Mr. Chairman, I standards. But the problem with that ly. The definition covers both coarse yield myself such time as I may con- is, when they finalize a standard, it’s particulates and deadly fine particu- sume. uncertain whether EPA will finalize a lates. It covers particulates from earth American farmers, ranchers, and standard that imposes greater costs to moving—which means industrial min- other rural businesses, like many other rural businesses. And we all know that ing operations—and from activities sectors of our economy, have faced an many of the regulations and EPA envi- typically conducted in rural areas, onslaught of EPA regulations. Now, we ronmental protections today are de- which include cement plants, smelters, all support the environment, but our cided by the court system. So even coal processing plants, and other indus- economy is struggling today, and every though Lisa Jackson says she’s not trial activities that are common in regulation adds additional cost. going to do anything, lawsuits can be rural areas. filed requiring her to do certain things. During the committee markups of The Congressional Research Service So this legislation simply provides cer- this bill, the Republicans amended the recently reported that agriculture has definition of so-called ‘‘nuisance dust’’ been facing new Clean Air Act green- tainty. I might also say, because the science three times. This shows how poorly house gas standards; engine emission does not support the regulation of drafted and broadly worded the defini- standards; national ambient air quality coarse rural dust, EPA itself proposed, tion really is. But they voted down an standards for ozone and particulates; amendment to clarify that the bill only Clean Water Act permitting and other in 2006, to exempt this dust from their applies to agricultural dust and an- requirements; Superfund reporting re- national ambient air quality standards. other amendment to clarify that the quirements; and regulations for disclo- And the integrated science assessment bill does not apply to mining activi- sure, permitting, and other regulatory for particulate matter at EPA said, for ties. They even voted down an amend- requirements relating to the use of pes- long-term effects of coarse particles, ment to preserve EPA’s authority to ticides. And until recently, the dairy there is next to no evidence in support regulate emissions of arsenic from cop- industry faced ambiguity about wheth- of long-term health effects. per mines and smelters. er milk and milk containers would be I would urge all the Members to sup- One supporter of this bill is subject to the EPA oil spill prevention port this legislation, and I reserve the Kennecott Copper, which operates one regulations. balance of my time. of the largest open pit copper mines in We have 2.2 million farms in America Mr. WAXMAN. Mr. Chairman, I am the world. The company’s mining ac- employing 1.8 million people and pro- pleased to yield 5 minutes to our senior tivities are the single largest source of viding 5 percent of this Nation’s ex- member on the committee and former particulate pollution in Utah and a big ports. We need to do everything pos- chairman of our committee, the gen- reason why the 1 million residents of sible to make it easy for them to do tleman from Michigan (Mr. DINGELL). Salt Lake County breathe unhealthy business and still protect the economy. Mr. DINGELL. Mr. Chairman, this is a magnificent solution to a nonexistent air. This bill would exempt all particu- b 1130 late matter pollution from the problem. But it’s made a lot of money Kennecott mine and all other mines Today we’re going to consider H.R. for a lot of lobbyists, and a lot of in- from the entire Clean Air Act. Let’s be 1633, the Farm Dust Regulation Pre- dustrial polluters are going to enjoy honest: The reason industrial mining vention Act of 2011. At a time when this, hiding behind the supposed ben- operations are pushing this bill has rural economies are struggling, this efit that it’s going to give to the farm- nothing to do with protecting family bill provides certainty that farmers, ers. farms. ranchers, and other rural businesses In a nutshell, this legislation is not The bill would also make unenforce- will not be burdened with costly and going to help the farmers; it’s going to able the national air quality standards unnecessary new dust regulations from help the people who farm the farmers. for both fine and coarse particulate Washington, D.C. And the end result is that, when this pollution. Particulate pollution causes As one might expect, a reasonable nonsensical bill gets over to the courts, aggravated asthma attacks, heart at- and commonsense measure like H.R. the courts are going to look at it and tacks, respiratory diseases, strokes, 1633 has garnered 120 bipartisan cospon- say, Just what, in the name of common and premature death. Reductions in sors. I would like to particularly thank sense, is the House trying to do with particulate pollution under the Clean and commend the efforts of Represent- this legislation? Air Act account for some of the largest ative KRISTI NOEM, as well as Rep- Nowhere in the Clean Air Act is a public health benefits produced by the resentative LEONARD BOSWELL, Rep- word about nuisance dust, but it’s very act. Gutting these standards would be resentative ROBERT HURT, and Rep- prominently put here in the legisla- radical and devastating. resentative LARRY KISSELL for their tion. And lo and behold, it also has The American people support the tireless efforts on behalf of rural Amer- something to do, supposedly, with Clean Air Act. People want clean air. icans and this bill. some kind of action that the EPA is

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19244 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 supposed to take. But diligent looking tion which wastes the time of Congress dust from a dirt road is much different at the legislation doesn’t reveal what and does nothing for the farmers or the than soot from a car; and it’s common that might be. ranchers or the economy or the jobs. sense that they should be treated dif- The question here, then, is: We have So I hope that the House will reject ferently, which is exactly what this bill a solution in search of a problem. these half-baked bills that are poorly does. We’ve got a job crisis in our Nation, written, contain no solutions, deal I would ask my colleagues on both crippling debt, excessive deficit, and with no problems, help no one, and sides of the aisle to consider this piece the gaping inequality between the poor that the two parties can sit down and of legislation very carefully. Even if and the well-to-do is putting democ- find real, important, reasoned com- you’re not from a rural area, this is racy at risk. And when this country promises to real problems. still an important piece of legislation needs us to focus on serious problems I urge my colleagues to vote ‘‘no’’ on to all of us who rely on farmers to feed like deficit and national debt, we are the bill. our families. here busily scratching around to try Mr. WHITFIELD. Mr. Chairman, I You don’t have to take my word for and fit a solution on a problem that yield 3 minutes to the gentlelady from it. I have a letter here that I would like doesn’t exist. South Dakota (Mrs. NOEM), who is a to submit for the RECORD of over 190 The Clean Air Act Amendments of strong advocate for rural America and different organizations supporting this 1990 were the last major changes to the the creation of jobs in rural America. bill and its passage. Many of these or- original Clean Air Act of 1970; and, un- Mrs. NOEM. I thank the gentleman ganizations are local businesses and ag- like what we are piddling around with for yielding. riculture groups within all of our dis- today, those legislations were needed, Mr. Chairman, I rise in strong sup- tricts. They represent thousands and and they have served us well. The Con- port of H.R. 1633 because I coauthored thousands of people across the country. gress held lengthy hearings and did a this bill with my friend and colleague Let’s not forget that we all reap the tremendous amount of work to under- from Virginia (Mr. HURT), and I did it benefits of the success of our ag pro- stand what it was. Eighteen months or to bring certainty, regulatory cer- ducers through safe, nutritious, and af- so of consideration of the legislation tainty to farmers and ranchers across fordable food. Let’s not burden our led finally to its enactment, and it has this country. Farmers and ranchers communities with overbearing regula- cleaned up the air for our people. have been working on this issue for a tions. Let’s pass this commonsense leg- While the amendments of 1990 were long time. We look forward to passing islation and provide farmers, ranchers, truly bipartisan, only four of the 120 it off the House floor today. and local businesses with the certainty sponsors of this legislation are Demo- It’s not a partisan issue. I introduced that they need in an already volatile crats. Ten amendments were consid- this with my colleagues Mr. BOSWELL industry. ered in the committee, but only one and Mr. KISSELL, and 121 of my col- I urge all of my colleagues to join me Democratic amendment was adopted. leagues from both sides of the aisle are in support of rural America and vote The final adoption of the legislation cosponsors. ‘‘yes’’ on H.R. 1633. occurred strictly along partisan lines. The Clean Air Act has a worthy goal, DEC. 5, 2011. It should be clear to anyone that this but it’s not a perfect law, and it does Hon. JOHN BOEHNER, is not compromise legislation. have unintended consequences. My bill Speaker, House of Representatives, U.S. Capitol, Supporters insist the legislation is would improve the current statute. It Washington, DC. necessary due to uncertainty regarding Hon. NANCY PELOSI, also makes permanent what the admin- Minority Leader, House of Representatives, U.S. EPA action. There is no uncertainty istrator has said, which is that she did Capitol, Washington, DC. here. The Republican author of a simi- not intend to regulate farm dust. DEAR SPEAKER BOEHNER AND MINORITY lar Senate bill, a former Secretary of As South Dakota Farm Bureau Presi- LEADER PELOSI: The undersigned organiza- Agriculture, takes a different position. dent Scott VanderWal said, ‘‘If we tions would like to express our strong sup- In one of his weekly columns, the Sen- don’t deal with this issue today, it’s port for the Farm Dust Regulation Preven- ate sponsor stated, ‘‘I asked only for going to be right back here 5 years tion Act of 2011, H.R. 1633. H.R 1633 would bring some much needed certainty to agri- clarity from EPA, and this week Ad- from now.’’ ministrator Jackson finally provided culture and other rural businesses by ex- b 1140 empting rural ‘‘nuisance dust’’ from EPA it.’’ It’s obvious to our friends in the regulation if states and localities regulate it Senate and from the EPA Adminis- I would like to reiterate why this bill on their own. Our organizations request your trator, herself, that EPA will not im- is necessary. First, farm dust is al- support in keeping jobs in rural America by plement stricter regulations. ready regulated. It is not a myth. It’s passing H.R. 1633. Even newspapers in the sponsor’s very real to all of my constituents. We As you are aware, farming and other re- home State have questioned the logic heard testimony from farmers in the source-based industries are dusty profes- of this legislation. The Sioux Falls hearing in committee that they’re cur- sions. From tilling fields, to driving on dirt Argus Leader wrote that the bill is rently being regulated as a result of roads, to extracting resources, rural Ameri- cans deal with dust every day. Working in fighting ‘‘against a made-up problem’’ the EPA’s standards. Regulation of the soil is where they derive their liveli- and that it’s time for the sponsor ‘‘to farm dust is a problem today and will hoods, and where the world derives much of let the phantom issue of dust regula- only continue to be a problem into the its food and other essential resources. If EPA tion settle.’’ future if we do not pass this bill. were to revise the dust standard now or in The Yankton Daily Press and The If my colleagues will take the time the future, states would be put in a position Dakotan gave a ‘‘thumbs down’’ signal to read the bill, they’ll notice that this of having to impose regulatory restraints on on the bill, in which they say it is un- bill doesn’t eliminate any regulations. rural operations, increasing the cost of pro- necessary. The two local papers wish It simply leaves the regulation of rural duction when that cost is already at histori- cally high levels. And, for what purpose? Sci- that those who had sponsored this leg- dust to the States and to the local entific studies have never shown rural dust islation would stop trying to stir the communities who best understand how to be a health concern at ambient levels. fear of farmers and ranchers and, in- to manage what is happening in their While the undersigned organizations wel- stead, spend time fighting real prob- own backyard. come EPA’s Oct. 14 announcement that the lems rather than those which are imag- Too often, bureaucrats in Wash- agency plans to propose to retain the current inary. ington, D.C. who have never stepped coarse particulate matter (PM10) National This bill does not help the farmers foot on a farm or lived in rural Amer- Ambient Air Quality Standard (NAAQS), the and ranchers. It helps the people who ica try to impose a one-size-fits-all ap- announcement does not provide the certainty that rural America needs. First, it is farm the farmers and a fine collection proach to regulation. common for the agency to finalize a rule of well-to-do lobbyists down on K Let’s be realistic. Dust in rural that is different from the proposed rule. In Street who are profiting mightily on America is not the same as dust in fact, in 1996 EPA proposed to remove the selling a nonsensical piece of legisla- urban areas. It’s common sense that PM10 24-hour standard altogether, only to

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19245 bring it back in the final rule. And in 2006, Louisiana Cattlemen’s Association; Lou- western Cattle Raisers Association; Texas EPA proposed to exempt agriculture dust, isiana Pork Producers Association; Maine Association of Dairymen; Texas Cattle Feed- but that exemption also disappeared in the Hog Growers Association; Michigan Cattle- ers Association; Texas Pork Producers Asso- final rule. Second, under the Clean Air Act, men’s Association; Michigan Pork Producers ciation; The Blue Ribbon Coalition; The Fer- EPA must review this standard every five Association; Milk Producers Council; Min- tilizer Institute; Upstate Niagara Coopera- years. That means we could be facing the nesota Grain and Feed Association; Min- tive; USA Rice Federation; U.S. Beet Sugar same challenges again in just five short nesota Pork Producers Association; Min- Association; U.S. Chamber of Commerce; years. nesota State Cattlemen’s Association; Mis- Utah Cattlemen’s Association; Utah Pork Thankfully, this Congress has the oppor- sissippi Cattlemen’s Association; Mississippi Producers Association. tunity to ease this potential burden on rural Pork Producers Association. Utah Wool Growers Association; Virginia America. H.R. 1633 would exempt rural ‘‘nui- Missouri Cattlemen’s Association; Mis- Agribusiness Council; Virginia Cattlemen’s sance dust’’ from regulation under the Clean souri Corn Growers Association; Missouri Association; Virginia Grain Producers Asso- Air Act if states and localities regulate it on Pork Producers Association; Missouri Poul- ciation; Virginia Pork Industry Association; their own. In the event a state or locality try Federation; Montana Pork Producers Virginia Poultry Federation; Washington does not regulate rural dust, the adminis- Council; Montana Stockgrowers Association; Cattle Feeders Association; Washington trator could regulate it only if validated sci- Montana Wool Growers Association; Na- Cattlemen’s Association; Washington Pork entific analysis shows there is a significant tional All-Jersey; National Association of Producers; Western Business Roundtable; health effect from such dust in a particular Manufacturers; National Cattlemen’s Beef Western United Dairymen; West Virginia area and that the costs to the local economy Association; National Chicken Council; Na- Cattlemen’s Association; Wisconsin Dairy associated with dust regulation would not tional Cotton Council; National Cotton Gin- Business Association; Wisconsin Pork Pro- outweigh any benefits. ners Association; National Council of Farm- ducers; Wyoming Pork Producers; Wyoming H.R. 1633 is common sense legislation that er Cooperatives; National Federation of Stock Growers Association. the undersigned strongly support. We urge Independent Business; National Grain and Mr. WAXMAN. Mr. Chairman, I am the Senate to pass this bill to help protect Feed Association; National Livestock Pro- pleased to yield 5 minutes to the lead- rural American jobs. ducers Association; National Meat Associa- Sincerely, tion; National Milk Producers Federation. ing Democrat on the Energy Com- Agribusiness Association of Indiana; Agri- National Mining Association; National Oil- mittee, the ranking member, the gen- business Association of Iowa; Agricultural seed Processors Association; National Pork tleman from Illinois (Mr. RUSH). Council of Arkansas; Agricultural Retailers Producers Council; National Potato Council; Mr. RUSH. I want to thank the rank- Association; Agri-Mark, Inc.; Alabama National Renderers Association; National ing member for his outstanding leader- Cattlemen’s Association; Alabama Pork Pro- Stone, Sand, and Gravel Association; Na- ship and for yielding time to me. ducers Association; All-Terrain Vehicle As- tional Turkey Federation; Nebraska Cattle- Mr. Chairman, I oppose this ill-con- sociation; American Farm Bureau Federa- men’s Association; Nebraska Grain and Feed ceived, nonsensical, and in all ways tion and their 51 state affiliates; American Association; Nebraska Pork Producers Coun- Feed Industry Association; American High- cil, Inc.; New Hampshire Pork Producers awful bill, H.R. 1633, which could have way Users Alliance; American Motorcyclist Council; New Mexico Cattle Growers’ Asso- a devastating effect on the EPA’s abil- Association; American Seed Trade Associa- ciation; New Mexico Farm and Livestock Bu- ity to enforce the Clean Air Act on the tion; American Sheep Industry Association; reau; New Mexico Federal Lands Council; basis of both procedural and sub- American Veal Association; Americans for New Mexico Wool Growers, Inc.; New York stantive grounds. Limited Government; Americans for Pros- Producers Cooperative, Inc.; North Carolina Mr. Chairman, the CBO, the Congres- perity; Americans for Tax Reform; Arkansas Agribusiness Council, Inc.; North Carolina sional Budget Office, scored this bill Cattlemen’s Association; Arkansas Pork Cattlemen’s Association; North Carolina and determined that it would cost $10 Producers Association. Forestry Association; North Carolina Horse Arkansas Poultry Federation; Arizona Cat- Council. million in discretionary spending over tle Feeders’ Association; Arizona Cattle North Carolina Peanut Growers Associa- a 5-year period for the EPA to cover Growers’ Association; Arizona Cotton Grow- tion; North Carolina Pork Council; North the cost of carrying out changes to ex- ers Association; Arizona Pork Council; Cali- Carolina Poultry Federation; North Carolina isting emission control standards, as fornia Cattlemen’s Association; California Soybean Producers Association, Inc.; North well as other activities to study the Pork Producers Association; CropLife Amer- Carolina SweetPotato Commission; North need and feasibility of modifying the ica; Colorado Association of Wheat Growers; Dakota Corn Growers Association; North Da- EPA’s national monitoring network for Colorado Cattlemen’s Association; Colorado kota Pork Producers Council; Northeast Ag particulate matter, as this bill re- Corn Growers Association; Colorado Lamb and Feed Alliance; Northeast Dairy Farmers Council; Colorado Livestock Association; Cooperatives; North Dakota Stockmen’s As- quires. Colorado Pork Producers Council; Colorado sociation; Ohio AgriBusiness Association; Since this $10 million is not appro- Potato Administrative Committee; Colorado Ohio Cattlemen’s Association; Ohio Pork priated anywhere in this bill, this bill Sheep & Wool Authority; Colorado Wool Producers Council; Oklahoma Cattlemen’s would directly violate the discre- Growers Association; Council for Citizens Association; Oklahoma Poultry Federation; tionary CutGo policy that this major- Against Government Waste; Dairy Farmers Oklahoma Pork Council; Oregon Pork Pro- ity, that my friends on the other side, of America; Dairy Producers of New Mexico. ducers Association; PennAg Industries Asso- voted for that they put in place at the Dairy Producers of Utah; Dairylea Cooper- ciation; Pennsylvania Pork Producers; Stra- beginning of this Congress. ative; South East Dairy Farmers Associa- tegic Investment Program; Public Lands If we pass this bill, it will be the tion; Stewards of the Sequoia; Florida Council. Cattlemen’s Association; Florida Nursery, Recreational Off-Highway Vehicle Associa- height of hypocrisy for this atrocious Growers and Landscape Association; Georgia tion; Rocky Mountain Agribusiness Associa- bill to get through this House. Agribusiness Council; Georgia Cattlemen’s tion; Select Milk Producers; Small Business Additionally, Mr. Chairman, on the Association; Georgia Fruit and Vegetable & Entrepreneurship Council; South Carolina issue of substance, I oppose this bill be- Growers Association; Georgia Milk Pro- Cattlemen’s Association; South Carolina cause it would dramatically weaken ducers; Georgia Pork Producers Association; Pork Board; South Dakota Agri-Business As- the Clean Air Act by eliminating the Georgia Poultry Federation; Georgia Water- sociation; South Dakota Association of Co- EPA’s ability to regulate particulate melon Association; Idaho Cattle Association; operatives; South Dakota Cattlemen’s Asso- matter from a broad range of sources, Idaho Dairymen’s Association; Idaho Grain ciation; South Dakota Dairy Producers; Producers Association; Idaho Pork Pro- South Dakota Grain & Feed Association; as well as jeopardize existing State and ducers Association; Idaho Potato Commis- South Dakota Pork Producers Council; Federal regulations that apply to fine sion; Idaho Wool Growers Association; Illi- South Dakota Soybean Association; South and coarse particulate matter. nois Beef Association; Illinois Pork Pro- Dakota Stockgrowers Association; South Although the title of this bill sug- ducers Association; Independent Cattlemen’s Dakota Wheat Inc.; Southern Cotton Grow- gests that it only covers dust from Association of Texas. ers; Southern Crop Production Association; farms, this bill creates a whole new Indiana Beef Cattle Association Indiana Southeast Milk Inc.; Southeastern Livestock broad, new nonscientific category of Pork; Iowa Cattlemen’s Association; Iowa Network; Specialty Vehicle Institute of pollution called ‘‘nuisance dust,’’ Pork Producers Association; Kansas Live- America. stock Association; Kansas Pork Association; St. Albans Cooperative Creamery; Ten- which it would exempt from the Clean Kentucky Cattlemen’s Association; Ken- nessee Cattlemen’s Association; Tennessee Air Act completely. Nuisance dust tucky Pork Producers Association; Let Free- Pork Producers Association; Texas Agricul- would be exempted from the Clean Air dom Ring; Livestock Marketing Association; tural Cooperative Council; Texas and South- Act totally without any basis and

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19246 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 science, no scientific evidence whatso- Since January, this House has been I strongly urge my colleagues to sup- ever; and in doing so, this bill would do laser focused on advancing policies port this legislation so that we may as- harm to the public’s health. that will remove the Federal Govern- sure our farmers and businesses that The bill would exempt from the ment as a barrier to job creation and naturally occurring dust will not be Clean Air Act any particulate matter steer us on a course toward economic subject to regulations by an ever-ex- pollution that is emitted from sources recovery giving our job creators the op- panding Federal Government. such as open-pit mines, mining proc- portunity to hire and the confidence to Mr. WAXMAN. Mr. Chairman, I am essing plants, sand and gravel mines, expand. It is with this in mind that we pleased to yield 5 minutes to the gen- smelters, coal mines, coal-processing introduced this legislation. tleman from Massachusetts (Mr. MAR- plants, cement kilns, and waste and re- In Virginia’s Fifth District, my dis- KEY). covery facilities. These very facilities trict, we have a proud heritage in agri- Mr. MARKEY. I thank the gentleman emit fine particulates, coarse particu- culture, manufacturing, Main Street for yielding. lates, arsenic, lead, mercury, cadmium, businesses that create jobs and have We are now debating on a very real zinc, chromium, and other heavy met- created jobs for thousands of Vir- piece of legislation that solves an als—all of which would fall under this ginians. As I travel across Virginia’s imaginary problem. The Farm Dust bill’s broad exemption from the Clean rural Fifth District, I am constantly Regulation Prevention Act purports to Air Act. reminded by my constituents of how address the fictitious threat that the Mr. Chairman, as the American Lung government regulations threaten their Environmental Protection Agency is Association noted, under the provisions businesses and their very way of life. out to destroy the family farm and of this bill, our country’s most vulner- This is why the EPA’s national stand- countless jobs by regulating the dust able populations—poor people, people ard for fugitive dust is so troubling to emitted by tractors and other farming who depend on the EPA to protect the people that I represent. It is yet equipment. them from the harmful effects of another example of the vast expansion Never mind that EPA Administrator coarse particulates will be most af- of the Federal Government, and it is Lisa Jackson has committed to leaving fected. yet another example of the uncertainty the 1987 standard for large soot par- Children, teens, senior citizens, low- that Washington continues to impose ticles unchanged; and never mind that income people, people with chronic upon our job creators and our rural EPA Assistant Administrator Gina lung disease such as asthma, chronic communities. McCarthy essentially told the Energy bronchitis, and emphysema will be es- b 1150 and Commerce Committee that EPA pecially at risk of being sickened by The effects of Federal Government was about as likely to regulate fairy coarse particulates if this bill were to overreach are both very real and very dust as it was to regulate farm dust. become law. tangible in the Fifth District and While hiding behind its stated pur- Additionally, people with other across this country. pose of addressing the made-up threat chronic diseases, such as diabetes, car- This past year, I spoke with a small of utter ruin to the family farm, this diovascular disease, high blood pres- business owner in Southside, Virginia, bill inflicts very real harm. That is be- sure, coronary artery disease, and con- who was warned by a regulator about cause it also blocks EPA from setting gestive heart failure, they will all be the amount of dust coming from his standards for the dirty soot that gets placed at greater risk if this bill be- property. He was told to take active spewed out of massive mines and comes law. measures to decrease the dust coming smelters and refineries and some chem- Mr. Chairman, as I’ve noted before, from the dirt road leading into his saw- ical plants. It becomes, in fact, the this bill is a solution in search of a mill. congressional version of Never Never problem, and it does more harm than This is the kind of unnecessary regu- Land—where the Republicans’ answer good. This bill should fail. I oppose this lation that prevents businesses and to the question ‘‘when can we remove bill. farmers from focusing on the needs of the poisons from the air that we Mr. WHITFIELD. Mr. Chairman, I their customers. Where I’m from, dust breathe?’’ is ‘‘never.’’ might say that during the debate on is not a nuisance. Rather, it is a nec- In the play ‘‘Peter Pan,’’ Tinker Bell this bill in committee, a lot was made essary byproduct of the hard work the drinks poison that is intended to kill of mining activities in rural America, farmers and businesses in my rural dis- Peter. She begins to die, but Peter Pan and I would just point out that there trict perform every day, and these implores those in the audience to just are 17 Federal laws that mining oper- farmers and businesses should not suf- clap their hands if they really do be- ations must abide by. So we didn’t feel fer losses in production because of lieve in fairies, and then maybe, just like we needed to provide additional overbearing Federal regulations. These maybe, Tinker Bell won’t die. All small protection in that area. are the people who are struggling to children in the audience then clap so At this time I would like to yield 3 survive, to grow, and to create jobs hard their hands sting, and Tinker Bell minutes to the gentleman from Vir- during this stalled economic recovery. rises magically back to life. ginia (Mr. HURT), one of the prime These are the people who cannot afford With this bill, the Republicans are sponsors of this legislation and a pro- more costly and burdensome regula- engaging in the very same sort of fan- tector of rural America. tions handed down by Washington. tasy. If we just believe EPA has Mr. HURT. I thank the gentleman for While I applaud the EPA’s apparent launched a war on jobs, then it must be yielding. statement that it does not intend to so, and we must stop it. If we just be- I’d first like to thank Chairmen propose a more stringent standard for lieve that EPA officials are lying about UPTON and WHITFIELD for this effort coarse particulate matter at this time, their secret, nonexistent plans to de- and Representative NOEM for her lead- I remain concerned about the uncer- stroy the livelihood of every farmer in ership and hard work on this legisla- tainty of future rulemaking. This bill America, then it must be so, and we tion. addresses that uncertainty by pro- must stop it. If we just believe that Mr. Chairman, I rise today in strong viding clarity and stability for our job eviscerating every environmental law support of the Farm Dust Regulation creators by replacing the current Fed- on the books will not lead to the real Prevention Act. This is a bipartisan eral standard for naturally occurring deaths of thousands of Americans each bill that I am proud to sponsor, along dust in rural America. With unemploy- and every year, then it must be so. with Representatives NOEM, BOSWELL, ment rates nearing 20 percent in some The Republican lost boys and girls and KISSELL, in order to provide great- parts of my district, we simply can’t are telling America that the only way er economic certainty to our rural afford to perpetuate unnecessary regu- to revive the jobs fairy is to kill EPA. communities in central Virginia and lations and unnecessary uncertainty To pretend that the deaths, the cancers south side Virginia and across this for the farmers and businesses in our and other illnesses that the Republican country. rural communities. plan will cause are imaginary, or a

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19247 mere nuisance, really is the stuff of and Power Subcommittee of the full ing my entire 11 months in the United fairy tales. committee, she also confirmed that States Congress, which is to provide Let’s get back to reality and solve this bill is not necessary since the ad- just a little bit of certainty for those real problems in this country. Vote ministrator plans to propose retaining folks who are out there trying to cre- ‘‘no’’ on this very dangerous bill. the current standards that have been ate jobs, trying to create food for Mr. WHITFIELD. The gentleman in place since 1987. America, trying to do the things that from Massachusetts may view this as For this reason, I did not support we’ve done in the rural parts of our being about Peter Pan and Tinker Bell H.R. 1633 when it came up for a vote in country for so long. and fairy dust, but we have 197 organi- our Energy and Commerce Committee, The truth is the other side continues zations representing rural America and I encourage my colleagues to op- to say we are shooting the fairy dust that consider it a real problem. pose it today. I’ve had very public dis- and talking about Tinker Bell. I can At this time, I would like to yield 11⁄2 agreements with the EPA on other reg- assure you that I’m not amused. I can minutes to the gentleman from West ulations they are revising, but this bill assure you that the 500 folks with Virginia, a member of the Energy and is a solution in search of a problem, whom I met just 2 weeks ago now at Commerce Committee, Mr. MCKINLEY. and it is not a good use of our congres- the Kansas Farm Bureau meeting were Mr. MCKINLEY. I rise today in sup- sional time. Taking up a bill that’s not not amused either. port of H.R. 1633, the Farm Dust bill. necessary hurts our efforts to work b 1200 Earlier this year, the House passed with the EPA and to revise some of the H.R. 2273, the bipartisan coal ash legis- standards the EPA is setting that are We understand that the very real lation. Unfortunately, opponents of the real problems. That’s why, Mr. Chair- risk of Lisa Jackson and the Environ- Farm Dust bill believe that nuisance man, I urge a ‘‘no’’ vote on this bill. mental Protection Agency beginning to clamp down on farm dust still exists. dust in this bill might include fly ash. UNITED STATES Therefore, an amendment was offered ENVIRONMENTAL PROTECTION AGENCY, We worked in our committee dili- and adopted to clarify that the defini- Washington, DC, Oct. 14, 2011. gently. There were some valid concerns tion of ‘‘nuisance dust’’ in the Farm Hon. DEBBIE STABENOW, raised by the folks on the other side, Dust bill does not include coal ash or U.S. Senate, and we endeavored, Mr. Chairman, at other coal combustion residuals. The Washington, DC. every moment to try and meet those amendment makes it perfectly clear DEAR SENATOR STABENOW: Thank you for concerns. We offered amendments. I of- your inquiry on the status of EPA’s Review fered an amendment in the nature of a that nuisance dust is not composed of of the National Ambient Air Quality Stand- any residuals from coal combustion. ards (NAAQS) for particulate matter. Partic- full substitute which tried to address Unfortunately, opponents of the Farm ulate matter includes fine particles (known some of the concerns that the opposi- Dust bill are still, apparently, unaware as PM2.5) and coarse particles (known as tion expressed. of the changes that have been made to PM10). PM2.5 can come from fossil-fuel com- The truth is they just want to leave the bill to address their concerns. bustion, including power plants and motor our farmers and our ranchers and our Don’t oppose the Farm Dust bill be- vehicles, and wildfires and PM10 can come agricultural community at the whim of cause you don’t like fly ash. Let’s re- from construction and demolition activities, the EPA. That’s not the place to put industrial operations, wildfires, and dust good, hardworking Americans who go lieve one more threat to our agricul- from unpaved roads. It is well established tural community with the passage of that particulate matter emissions are linked out there every day trying to do the this bill. We should be striving to cre- to premature death and numerous adverse right thing. The whims of the EPA we ate more jobs, not putting up more bar- health impacts. have seen all too often present a real riers with misinformation. We have been making steady progress in risk, a real risk of job destruction, a I urge my colleagues to support this reducing emissions of particulate matter— real risk of higher costs for every con- legislation. both fine and coarse—in this country for sumer in America. Mr. WAXMAN. Mr. Chairman, I am more than two decades, improving the public This is a wonderful piece of legisla- health of Americans while the economy has tion. It will, for the first time, get the pleased to yield 2 minutes to an impor- continued to grow. tant member of our committee, the It is important that a standard for particu- EPA to move their hands away from gentleman from Texas (Mr. GREEN). late matter be protective of the health of the the throats of our farmers and agricul- Mr. GENE GREEN of Texas. I rise in public. Based on my consideration of the sci- tural communities, and I would urge opposition to H.R. 1633, the Farm Dust entific record, analysis provided by EPA sci- every one of my colleagues to support Regulation Prevention Act of 2011. entists, and advice from the Clean Air it. I just heard it referred to as ‘‘Tinker Science Advisory Council, I am prepared to Mr. WAXMAN. Mr. Chairman, the Bell,’’ but I think this is more like propose the retention—with no revision—of standard that’s in place has been in the current PM10 standard and form when it place since 1987 when Reagan was Alice in Wonderland legislation. It is sent to OMB for interagency review. seeks to solve a problem that’s not This rulemaking package will also con- President. It has not been changed. there while dancing around a lot of our sider the latest scientific evidence and as- Suddenly there is a made-up fear that real problems that we have to deal sessments for PM2.5. Again, thank you for it’s going to be changed and, therefore, with in our country and particularly in the inquiry. It is EPA’s responsibility to pro- we have the legislation that’s before this Congress. tect the health of all Americans—rural and us. This bill would prohibit the EPA urban—from known pollutants, including We hear a lot about certainty. If this from proposing, finalizing, imple- particulate matter. Please feel free to con- bill goes through, the certainty will be tact me if you have any questions, or your menting, or enforcing any regulation staff can contact Arvin Ganesan, Associate that there will be no regulation pf revising the National Ambient Air Administrator for the Office of Congres- many industries because EPA will no Quality Standards applicable to coarse sional and Intergovernmental Relations at longer have jurisdiction. The other cer- particulate matter for 1 year from the (202) 564–4741. tainty is that a lot of people are going date of enactment. Sincerely, to get very sick from some dangerous EPA Administrator Lisa Jackson LISA P. JACKSON. pollutants. committed in an October 14, 2011, letter Mr. WHITFIELD. I yield 2 minutes to At this time I wish to yield 2 minutes that the EPA plans to propose keeping the gentleman from Kansas (Mr. to the gentlelady from Illinois (Ms. the PM10 National Ambient Air Quality POMPEO), a member of the Energy and SCHAKOWSKY). Standards as they are, with no change. Commerce Committee. Ms. SCHAKOWSKY. I thank the gen- These standards have been in place Mr. POMPEO. I thank the chairman tleman for yielding. since 1987. for yielding. This bill is dangerous and its title is When Gina McCarthy, the Assistant This is a great day for rural America. disingenuous. H.R. 1633 is about much Administrator for Air and Radiation at H.R. 1633 is going to do what we’ve more than farm dust. Our colleague the EPA, testified before our Energy been trying to do for a long time, dur- Mr. SHIMKUS acknowledged that much

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19248 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 in the Energy and Commerce Com- lenges again in just 5 short years. Also, With the economy the way it is, with mittee markup of this bill last week citizen lawsuits could be brought that unemployment very high, we don’t when he said, ‘‘It is called farm dust, could result in a court deciding farm need more government regulations. but I am here for my open-pit mines in dust should be regulated. H.R. 1633 is More regulations strangle the private southern Illinois.’’ the only way to provide regulatory cer- sector and create more economic prob- The bill allows major industrial pol- tainty to farmers, ranchers, and rural lems, and especially right now we don’t luters to emit unlimited amounts of residents. need more regulations. particulate matter in violation of the Nuisance dust occurs naturally in The Obama administration continues Clean Air Act. Mines, cement plants, rural areas. The type of ‘‘nuisance to circumvent Congress to go around and coal processing plants could le- dust’’ that this bill would exempt from us by passing more regulations, and gally emit unlimited amounts of dan- Federal regulation occurs naturally in the economy can’t stand it. We need to gerous chemicals into the air. rural areas, especially in arid and stop more regulations. Even the threat, Let’s be clear. The chemicals we are windy areas of the Plains and western even the threat of more regulations talking about are incredibly dangerous. States. This dust does not stay in the must be stopped. Arsenic overexposure leads to skin, air but falls out quickly. Rural fugitive I mean, farm dust? Farm dust? Give bladder, liver, and lung cancer. Lead dust travels only a short distance from me a break. We can’t give these bureaucrats more authority. We don’t exposure can damage the central nerv- emission point. It settles out of the air need to give this administration or the ous system, kidney, and blood cells. quickly because of its size, making bureaucracy more control over the Cadmium exposure leads to severe res- dust a localized issue. In fact, accord- lives of Americans. piratory damage. Zinc poisoning leads ing to a study done by Hoffnagle, rural Mr. WAXMAN. Mr. Chairman, I con- to kidney damage. Mercury pollution dust will fall out of the air within a tinue to reserve the balance of my results in cognitive deficiencies, espe- thousand meters of its source. time. cially in children. Those pollutants, This is not fairy dust or fables or Mr. WHITFIELD. I yield 2 minutes to emitted from a range of nonfarm tales to our folks in rural America; the gentleman from Illinois (Mr. MAN- sources, could fall under the vague def- this is real and they want certainty. ZULLO). inition of ‘‘nuisance dust.’’ Mr. WAXMAN. Mr. Chairman, I re- Mr. MANZULLO. Mr. Chairman, I It seems to me that this is a piece of serve the balance of my time. often hear complaints from farmers legislation that is being disguised as Mr. WHITFIELD. I yield 11⁄2 minutes back home about the numerous regu- something as innocuous as farm dust, to the gentleman from Arizona (Mr. latory burdens placed on them by the something that, as has been pointed GOSAR). government. In fact, this whole past out, has been regulated for a very long Mr. GOSAR. Mr. Chairman, I rise summer we worked with the farmers time. This is an effort to get around today in support of the Farm Dust Reg- who have been in a real brouhaha with the legislation with a phony name, to ulation Prevention Act brought today the EPA concerning the runoff from get around the effectiveness of the En- by my friend and colleague, Congress- their stockyards, and even small ones vironmental Protection Agency. And woman KRISTI NOEM. at that. we owe it to our constituents and our This good piece of legislation is a b 1210 country to promote legislation that commonsense solution to a bureau- will stimulate the economy, which our cratic problem that is causing concern These are life-threatening types of environmental bills do, and protect and among many Arizonans. It’s almost regulations to continuing their farm- promote human health and the envi- unfathomable to think that this legis- ing. And now we come up with another ronment. lation is necessary to protect Arizona one, this one on dust. Our colleagues across the aisle have against Federal bureaucrats who want EPA is in the process of reviewing its failed in that regard, and I urge a ‘‘no’’ to regulate dust, but here we are. dust standards. In 2009, EPA said farm vote. That’s exactly what the EPA is doing dust ‘‘likely is not safe’’ and could cut Mr. WHITFIELD. At this time I with its overreaching policies, holding the allowable dust levels in half. Be- cause of the furor this has created, the would like to yield 21⁄2 minutes to the individuals and businesses accountable EPA said last October they would not gentleman from Nebraska (Mr. TERRY), for naturally occurring dust particles. a member of the Energy and Commerce I stand here today to raise my voice regulate farm dust. First they said they would regulate it; now they said Committee. against the unreasonable Federal regu- they won’t regulate it. So to codify Mr. TERRY. Mr. Chairman, I am lations which would allow simple this understanding or these contradic- amused, humored by the opposition, all haboobs, dust clouds, and wind storms tory statements by the EPA, I’m sure hailing from our greatest cities in the to pose an economic threat to the eco- that all of my colleagues will have no United States, urban areas. nomic livelihood of farmers in and I would like to read a note that I re- problem in voting for this bill. around my district. H.R. 1633 will prevent the EPA from ceived from a rancher in Nebraska and It is important to also note that this imposing new Federal regulations on our Nebraska cattlemen representing bill covers dust which has been found naturally-occurring dust in rural those who are affected: to have no adverse human health ef- America. It will allow States and local- The bill is needed to provide regu- fects. ities to regulate farm dust as they see latory certainty to rural areas. We ap- Also notable among this bill’s many fit based on sound science. Farmers in plaud the recent statement from Ad- supporters are the Arizona Farm Bu- Illinois already struggle to comply ministrator Jackson that EPA does not reau Federation, the Arizona Cattle with current standards. If Washington intend to propose revisions to the cur- Feeders’ Association, the Arizona Cat- imposes another one-size-fits-all solu- rent dust standard. The reality is, how- tle Growers’ Association, the Arizona tion to farm dust, this could mean even ever, that regulations often change Cotton Growers Association, and the more unemployment in rural areas from the proposal stage of a rule- National Cattlemen’s Association. throughout Illinois and the Nation. making to the final. For example, in Again, I support this legislation and I urge my colleagues to support H.R. 1996, EPA proposed to remove the PM10 encourage you to pass this good bill 1633. 24-hour standard altogether, only to today. Mr. WAXMAN. Mr. Chairman, I yield bring it back in the final rule. And in Mr. WAXMAN. I continue to reserve 2 minutes to the gentleman from Illi- 2006, EPA proposed to exempt agri- the balance of my time. nois (Mr. RUSH). culture dust, but that exemption also Mr. WHITFIELD. Mr. Chairman, I Mr. RUSH. I want to thank the rank- disappeared in the final rule. Second, yield 2 minutes to the gentleman from ing member for yielding. under the Clean Air Act, EPA must re- Indiana (Mr. BURTON). Mr. Chairman, I want to share with view this standard every 5 years. That Mr. BURTON of Indiana. I thank the the Members of this body the adminis- means we could face the same chal- gentleman for yielding. tration’s position on this particular

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19249 bill that is under discussion right now. cattle herds, till the fields, or check so, that we’re operating under 1987 par- This is a Statement of Administration out what’s going on, there’s no way to ticulate matter standards. In 1997 and Policy: do it without dust. This opens the door in 2006, the EPA went back to review ‘‘The administration strongly op- to massive regulations. First we start that standard. They made a determina- poses H.R. 1633. As drafted, this bill with the farmer. Where’s the EPA tion at that time that they would not would create serious problems for im- going to be next, checking under my take further action, but they were plementing Clean Air Act public health bed for dust bunnies, putting on a sued. Litigation ensued, and every 5 protections that have been in place for white glove, running their fingers years the EPA is required by the Clean years while adding uncertainty for across the top of my doors, or making Air Act to look at this. businesses and States. The bill, there- sure my car is adequately washed? b 1220 fore, goes far beyond its stated intent The EPA’s regulation on this is the of prohibiting the EPA from tightening height of government overreach, the We know there are going to be fur- national standards for coarse particles, height of a waste of time, the height of ther lawsuits. And so that’s why we which the administration has repeat- a waste of money, and a perfect exam- think it’s absolutely mandatory that edly explained that it has no intention ple of what is wrong with Washington. Congress assert itself and set out the of doing.’’ We’ve got to stop this type of crazy policy that we do not want EPA regu- It goes on to say: ‘‘This ambiguously government regulation so we can get lating the dust on farms and ranches in written bill would create high levels of people back to work, we can get jobs on America. regulatory uncertainty regarding emis- track, and we can keep our farmers I might also add that in the letter we sion control requirements that have feeding our country and the world. received from the board of supervisors been in place for years. Specifically, Mr. WAXMAN. Mr. Chairman, I yield of the county of Imperial in Arizona, the bill’s exclusion from the entire myself such time as I may consume. they said the original rule that EPA CAA of a new class of air pollutants The unemployment rate in this coun- had covered farms of 40 acres or more, called ‘nuisance dust,’ an imprecise and try is close to 9 percent, and we’re not which is 97 percent of all farmland in scientifically undefined term, could be doing anything about that problem. the Valley. EPA is now insisting that used to roll back existing public health The deficit is a real threat to our econ- that be changed to all farms of 10 acres protection limiting pollution from omy, and the Republicans nearly made or more. And for what purpose? It mining operations, industrial activi- us default on our debts because they seems clear that there’s absolutely no ties, and possibly other sources. wouldn’t go along with a real deficit justification for imposing requirements ‘‘The bill also raises serious issues reduction bill. We are looking at se- that would have a negative impact on about whether the EPA could continue questrations of our national budget for the economy and the employment in to implement the existing health-based the military, and our Secretary of De- Imperial County when the rules and fine and coarse particle programs, fense says that could be a threat to the controls would not change the ability which play a vital, ongoing role in pre- Nation. And that sequestration will of the county to meet the standards on venting adverse health effects of air take place because the Republicans the few high particulate matter days pollution, including premature deaths, wouldn’t allow the so-called supercom- that are caused by exceptional events. childhood asthma attacks, and other mittee to do its job. So, in closing, I would simply say we respiratory problems.’’ I want to read from an editorial in view this as a real problem. Congress The CHAIR. The time of the gen- the Sioux Falls ArgusLeader: needs to assert itself and set a defini- tleman has expired. ‘‘There are important issues at the Federal tive policy on this issue. I would urge Mr. WAXMAN. I yield the gentleman level right now that will have direct impact all Members to support this legislation. an additional 30 seconds. on our State—the dwindling funding for the I yield back the balance of my time. Mr. RUSH. I thank the gentleman for Lewis and Clark water project and the fight Mr. HENSARLING. Mr. Chair, I am proud to to maintain our State’s Medicare reimburse- support yet another jobs bill put forth by yielding. ments through the Frontier States Provision ‘‘This administration remains com- . . . These are real issues . . . So it’s dis- House Republicans to empower small busi- mitted to commonsense approaches to appointing to see [this] fight against a made- ness owners and eliminate burdensome improving air quality across the coun- up problem like the potential for farm dust Washington regulations that prevent job cre- try and preserving the competitiveness regulations by the Environmental Protec- ation and hinder economic growth. This bill of every economic sector. Because H.R. tion Agency. prevents the EPA from issuing new dust regu- 1633 is not only unnecessary, but also When the EPA announced it would lations. Additionally, it gives states the flexi- could have significant adverse public not pursue anything along these lines bility to address any rural dust issues rather health consequences, the administra- and they had no intention to do it, the than the federal government. tion strongly opposes this bill. Senate sponsor of this same bill de- During this debate we have heard a lot ‘‘If H.R. 1633 were presented to the clared victory and he pulled back on about the need to protect our air quality and President, his senior advisers would his companion bill for the other body. the need to ensure clean air for future genera- recommend that he veto this bill.’’ The Republicans ought to declare vic- tions. As the grandson of a farmer, I know the Why are we wasting our time on this tory and allow us to deal with the real value and importance agriculture producers nuisance which is nonsense? problems in this country, not this place on protecting the soil and water they Mr. WHITFIELD. Mr. Chairman, I made-up threat that they want to help use to grow quality food to feed the country. yield 2 minutes to the gentleman from protect us from. I urge Members to I would argue there are no greater stewards of Texas (Mr. FARENTHOLD). vote against this bill.’’ the land than farmers, and that additional rules Mr. FARENTHOLD. Thank you very I reserve the balance of my time. on these hard-working Americans to regulate much. Mr. WHITFIELD. Mr. Chairman, I rural dust are not only unnecessary, they can I rise today in disgust with the dust. have been told that we have no further be detrimental. The regulations the Environmental speakers; so if the gentleman from In this time of record unemployment, Wash- Protection Agency are proposing to California would like to close, then I ington should be on the side of job creators regulate, coarse particulate matter, would follow him. and family farmers, not on their backs. We what you and I know as dust, is ridicu- Mr. WAXMAN. I yield back the bal- should support smart regulations that instill lous. It’s indicative of what is wrong in ance of my time. confidence in job creators, not abusive red Washington, D.C. with the regulatory Mr. WHITFIELD. Mr. Chairman, we tape that only leads to closed farms and framework that has gone wild. This certainly do appreciate this discussion longer unemployment lines. just defies common sense. You cannot on this important bill. I can tell you You don’t have to take my word for it farm without kicking up dust. that rural America does consider this though. Just listen to some of my constituents: I was raised on the farms and ranches to be a real problem. The gentleman Mr. Cummins of Canton writes, ‘‘Their pro- in south Texas. As we drive to tend the from California mentioned, correctly posed regulations on milk spills or dust . . .

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00017 Fmt 0688 Sfmt 9920 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19250 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 would create undue hardships and be eco- targeted, nonpartisan legislation to protect ply the result of sloppy drafting, this legislation nomically unfeasible to attain.’’ farmers and small businesses from unneces- should be roundly rejected. Mr. Johnson of Mineola writes, ‘‘I feel like sary federal regulation. Mr. Chair, with barely a week left on this the government is passing a law, regulation, There is widespread and bipartisan agree- year’s congressional calendar, we simply don’t unfunded mandate at the drop of a hat these ment that ‘‘farm dust,’’ dust produced during have the time to waste on imaginary prob- days. [. . .] farmers controlling dust, dairy activities on farms and ranches, should not be lems. The challenges our constituents face are farmers documenting and controlling milk regulated by the Environmental Protection real, and the hour is late. We need to focus spills, telling me what kind of light bulb to buy Agency (EPA) under the Clean Air Act. The on growing the economy, reducing our debt . . . what kind of health care I must have, it EPA doesn’t want to regulate it. And Members and getting people back to work before we ad- is just never ending these days.’’ of Congress do not want the EPA to regulate journ for the year. The Farm Dust Regulation Prevention Act is it, myself included. Mr. BOSWELL. Mr. Chair, I rise in support the 35th jobs bill produced by the House Re- But instead of writing legislation to codify a of H.R. 1633, the Farm Dust Regulation Pre- publican Plan for America’s Job Creators to simple ban on regulating farm dust—legisla- vention Act. restore the freedom and confidence our pri- tion that would have won my support and the As a farmer, and an original cosponsor of vate sector needs to grow again. support of most of my Democratic col- this legislation, I appreciate the opportunity to this discuss this bill and speak in support of its After today, with this bill, there will be 27 leagues—the Majority wrote a bill creating common sense approach to rural dust regula- House-passed bipartisan jobs bills stacked like major loopholes in the Clean Air Act that tions. cordwood on the doorstep of the Democrat- would have significant consequences for pub- I have traveled the rural parts of my district controlled Senate. lic health and the environment. and I have farmed my own fields. I know that As America weathers through the Obama H.R. 1633 imposes a blanket, one-year mor- when I’m harvesting my crops in the combine Economy and the worst jobs climate since the atorium on any regulation updating the na- that I’m going to stir up some dust. Whether Great Depression, I urge my colleagues to tional ambient air quality standards applicable I am planting, tiling, or transferring crop to the support our nation’s farmers and ranchers and to all coarse particulate matter, which in- grain bin, I cannot control the fact that there pass this jobs bill. cludes: fly ash, diesel soot, asbestos, arsenic, will be dust. Mr. PENCE. Mr. Chair, I rise as a cospon- lead, mercury, and heavy metals. A one size fits all approach to regulating sor and strong supporter of the Farm Dust None of these harmful toxins are defined as particulate matter, does not take into consider- Regulation Prevention Act (H.R. 1633). I want farm dust. Yet, this far-reaching bill would pro- ation that there are many sources of dust. to express my appreciation to the gentlelady hibit EPA from protecting American families This legislation allows the flexibility for our from South Dakota, Congresswoman NOEM, from these harmful toxins for at least a year. states and municipalities to manage dust in for her strong leadership on this issue. As a H.R. 1633 would also exempt major indus- rural areas, so that local residents and work- family farmer and sponsor of this legislation, trial activities, including open-pit mining and ers can determine which types may be harm- Congresswoman NOEM is keenly aware of the aluminum smelters, from EPA’s review. Again, ful, and what is simply the result of hard- devastating effects Environmental Protection arsenic, beryllium, cadmium, nickel, and mer- working Americans of doing their jobs. Agency regulations can have on our Nation’s cury—all particulates emitted from mines and Our farmers, ranchers, and rural business farmers. industrial activities—would be exempt from leaders are facing the same economic uncer- For those who are unfamiliar with farm dust, federal oversight, even though they have noth- tainties as the rest of the country and they it is quite simply the everyday dirt and dust ing to do with ‘‘farm dust.’’ cannot afford additional, costly regulations on present in rural America on fields and country The Environmental Protection Agency (EPA) dust. roads. It occurs naturally from dry weather or does not regulate farm dust. The EPA has no Particularly, those producers who are in wind blowing across wide open spaces. Or it plans to start regulating farm dust. And, if the areas where natural disasters have created can be caused by the act of farming—tilling-up EPA ever proposed regulations for farm dust, new challenges for tilling soil that has been the land or harvesting crops. If you come from I would vociferously oppose them and sponsor harmed by drought, fire and flood. For these rural areas like my home district in Eastern In- legislation to prevent their implementation. individuals, many of the challenges remain un- diana, you know that farm dust is a part of But that’s not the bill before the House known. Additional regulations will only in- daily life, and if you make a living on a farm, today. The bill before the House today is a crease their burdens and limit their ability to you probably have never even given farm dust distraction from the most pressing issue facing return to their job and contribute to the econ- a second thought. But, the EPA, despite the our country and economy: jobs, jobs, and omy of rural America. fact that rural farm dust has not been shown jobs. I know that Administrator Jackson has stat- to pose a significant health concern, has done Mr. Chair, I support a ban on regulating ed that the agency plans to maintain current nothing to clarify the difference between rural farm dust. That’s common sense. But I do not standards. I thank her for that. I appreciate her farm dust and harmful pollutants that are com- support creating Clean Air Act loopholes for intention to work with Congress and our farm- mon in urban areas. This legislation differen- big industry under the guise of helping small ers and ranchers. tiates farm dust from these harmful air pollut- farmers and businesses. I am voting no on However, her statement alone does not pro- ants and gives family farms the certainty of H.R. 1633. tect the farm operations across our nation and knowing the federal government will not regu- Mr. VAN HOLLEN. Mr. Chair, farm dust is it does not prevent this body from legislating late their windblown soil. not regulated by the EPA, and EPA Adminis- on behalf of our producers. This legislation provides the protections Mr. Chair, the EPA needs to leave farmers trator Jackson has clearly stated that the EPA needed for rural Americans to continue to do alone and let them get about the business of has no plans to regulate farm dust in the fu- their day to day work without the threat of new farming. The Farm Dust Regulation Prevention ture—which makes the Farm Dust Regulation regulation interfering with their mission to grow Act will go a long way in securing the long- Prevention Act a solution in search of a prob- safe, plentiful, and affordable food for our na- term stability of family farms and rural busi- lem. tion. Unfortunately, today’s legislation is more nesses. It would limit the EPA’s regulation of We all have a vested interest to ensure that this naturally occurring dust by giving state than just a mere waste of time. Under the farmers and ranchers can provide for their and local governments the ability to address guise of protecting farmers from non-existent families and all Americans. the issue, and it would delay any new National regulation, H.R. 1633 would define and then I encourage my colleagues to support his Ambient Air Quality Standards issued by the exempt a completely new category of particle legislation EPA for one year. pollution from the entire Clean Air Act, except Mr. LUCAS. Mr. Chair, I rise in support of In this difficult economy, family farms must under very narrow circumstances. This new the Farm Dust Regulation Prevention Act. be protected from burdensome, costly federal exempt category of particle pollution would in- This bipartisan legislation is necessary to redtape. The EPA has no business regulating clude both coarse and fine particles from ensure that farmers and ranchers will not be the dirt kicked-up on the farms and back roads sources that have nothing to do with farming— subjected to excessive regulation from the En- of rural Indiana, and I urge my colleagues to including particulate matter from mining and vironmental Protection Agency. support this commonsense legislation. other industrial operations like smelters, ce- The EPA currently has the ability to tighten Mr. DEFAZIO. Mr. Chair, today, my Repub- ment kilns and coal-processing facilities. regulatory standards for dust under the Clean lican colleagues missed an opportunity to pass Whether this consequence is intended or sim- Air Act.

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00018 Fmt 0688 Sfmt 9920 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19251 Should the EPA do so, farmers, ranchers, However, it cannot be said that H.R. 1633 State, tribal, or local law insofar as the Admin- and rural economies could be devastated. On would have no effect. This legislation creates istrator finds that— dry days, production could come to a standstill new loopholes that allow open-pit mines, grav- ‘‘(1) nuisance dust (or any subcategory of nuisance dust) causes substantial adverse public as producers focus on controlling dust rather el mines, smelters and coal-processing facili- health and welfare effects at ambient concentra- than producing food. ties to escape public-health protections under tions; and After months of receiving questions and the Clean Air Act. Enactment of this legislation ‘‘(2) the benefits of applying standards and concerns from farmers, ranchers, and their would result in more pollution leading to more other requirements of this Act to nuisance dust Representatives in Congress, the Adminis- premature deaths, asthma attacks, respiratory (or such subcategory of nuisance dust) outweigh trator of the EPA finally stated that her agency disease and heart attacks. House Republicans the costs (including local and regional economic does not intend to change the current stand- say they are standing up for family farmers and employment impacts) of applying such ards. when in fact they are aiding corporate pol- standards and other requirements to nuisance However, as long as EPA Administrator dust (or such subcategory). luters. ‘‘(c) DEFINITION.—In this section— Jackson retains unchecked power to imple- While the Minnesota family farmers I have ‘‘(1) the term ‘nuisance dust’ means particu- ment stricter standards, farmers and ranchers heard from have serious challenges, they as- late matter that— could be subject to oppressive regulations at sure me that farm dust is far down on their list ‘‘(A) is generated primarily from natural any time. of priorities. Their real concerns relate to rising sources, unpaved roads, agricultural activities, A legislative fix is the only way to give farm- costs for seed, fertilizer, land, rent and ma- earth moving, or other activities typically con- ers and ranchers the certainty they need to in- chinery. They worry about protecting their land ducted in rural areas; vest in the future without worrying about the ‘‘(B) consists primarily of soil, other natural for the next generation in the face of federal or biological materials, or some combination influence of overzealous activists on EPA’s cuts to conservation programs. They struggle thereof; regulations. with consolidation in the agricultural sector ‘‘(C) is not emitted directly into the ambient I urge my colleagues to support this bill. and the ability of the biggest farms to expand air from combustion, such as exhaust from com- Ms. ESHOO. Mr. Chair, H.R. 1633, the at the expense of smaller ones. Political de- bustion engines and emissions from stationary Farm Dust Regulation Prevention Act is an- bates in Washington about farm dust are not combustion processes; and other step by the Majority to roll back clean air a factor in their lives. ‘‘(D) is not comprised of residuals from the and water laws, and this bill dishes out both H.R. 1633 is just another veiled Republican combustion of coal; and injury and insult. ‘‘(2) the term ‘nuisance dust’ does not include assault on our nation’s landmark clean air radioactive particulate matter produced from The injury: Republicans convinced farmers laws. I urge my colleagues to reject this bill uranium mining or processing.’’. that the EPA was going to regulate farm dust and return our attention to the real problems The CHAIR. No amendment to the (or nuisance dust), a made-up term, not based that are impacting job growth in our economy. committee amendment in the nature of on scientific or medical evidence. The EPA The CHAIR. All time for general de- a substitute shall be in order except has no plans to regulate farm dust. In fact, in bate has expired. those printed in House Report 112–317. October of this year, EPA Administrator Lisa Pursuant to the rule, the amendment Each such amendment may be offered Jackson confirmed that she does not plan to in the nature of a substitute rec- only in the order printed in the report, change current law regarding coarse particle ommended by the Committee on En- by a Member designated in the report, emissions, so this bill is completely unneces- ergy and Commerce, printed in the bill, shall be considered read, shall be de- sary. shall be considered as an original bill batable for the time specified in the re- The insult: What this bill does do is exempt for the purpose of amendment under port equally divided and controlled by particle emissions from a wide array of the 5-minute rule and shall be consid- the proponent and an opponent, shall sources including mining operations, cement ered read. not be subject to amendment, and shall plants, gravel pits and coal processing plants. The text of the committee amend- not be subject to a demand for division These sources emit arsenic, lead, and mer- ment in the nature of a substitute is as of the question. cury among other harmful pollutants and these follows: AMENDMENT NO. 1 OFFERED BY MR. RUSH pollutants can cause very serious health prob- H.R. 1633 The CHAIR. It is now in order to con- lems, including decreased lung function, asth- Be it enacted by the Senate and House of Rep- ma attacks, respiratory diseases, and worse. resentatives of the United States of America in sider amendment No. 1 printed in The Energy and Commerce Committee re- Congress assembled, House Report 112–317. cently received a letter from a team of physi- SECTION 1. SHORT TITLE. Mr. RUSH. Mr. Chairman, I have an cians and researchers at Johns Hopkins This Act may be cited as the ‘‘Farm Dust Reg- amendment at the desk. School of Public Health. The experts wrote ulation Prevention Act of 2011’’. The CHAIR. The Clerk will designate that this legislation, ‘‘does not account for cur- SEC. 2. TEMPORARY PROHIBITION AGAINST RE- the amendment. rent or future knowledge of health risks posed VISING ANY NATIONAL AMBIENT AIR The text of the amendment is as fol- QUALITY STANDARD APPLICABLE TO lows: by rural particulate matter exposure, and rath- COARSE PARTICULATE MATTER. er enacts a permanent exemption of rural par- Before the date that is one year after the date In section 2, strike ‘‘applicable to particu- ticulate matter from Clean Air Act regulation. of the enactment of this Act, the Administrator late matter with an aerodynamic diameter This approach is not supported by the sci- of the Environmental Protection Agency may greater than 2.5 micrometers’’ and insert entific evidence or good professional judg- not propose, finalize, implement, or enforce any ‘‘for PM10’’. regulation revising the national primary ambi- At the end of section 2, add the following: ment, and is not scientifically defensible.’’ ‘‘Nothing in this Act precludes the Adminis- This bill ignores science, creates harm, and ent air quality standard or the national secondary ambient air quality standard applicable trator from proposing, finalizing, imple- insults farmers. menting, or enforcing the national primary I urge my colleagues to oppose this bill. to particulate matter with an aerodynamic diameter greater than 2.5 micrometers under sec- ambient air quality standard or the national Ms. MCCOLLUM. Mr. Chair, I rise to strong- tion 109 of the Clean Air Act (42 U.S.C. 7409). secondary ambient air quality standard for ly oppose H.R. 1633, the Farm Dust Regula- PM2.5.’’. SEC. 3. NUISANCE DUST. Strike section 3. tion Prevention Act. Regrettably, the House Part A of title I of the Clean Air Act (42 Republican majority is choosing to waste pre- U.S.C. 7401 et seq.) is amended by adding at the The CHAIR. Pursuant to House Reso- cious floor time debating this political state- end the following: lution 487, the gentleman from Illinois ment instead of allowing a vote on President ‘‘SEC. 132. REGULATION OF NUISANCE DUST PRI- (Mr. RUSH) and a Member opposed each Obama’s American Jobs Act. MARILY BY STATE, TRIBAL, AND will control 5 minutes. Contrary to the claims of my Republican col- LOCAL GOVERNMENTS. The Chair recognizes the gentleman leagues, H.R. 1633 has nothing to do with job ‘‘(a) IN GENERAL.—Except as provided in sub- from Illinois. creation or economic growth. This legislation section (b), this Act does not apply to, and ref- Mr. RUSH. Mr. Chairman, if the erences in this Act to particulate matter are addresses a nonexistent issue since the Envi- deemed to exclude, nuisance dust. premise of this bill is to simply provide ronmental Protection Agency (EPA) stated re- ‘‘(b) EXCEPTION.—Subsection (a) does not regulatory certainty to rural farmers peatedly it has no intention of regulating ‘‘farm apply with respect to any geographic area in and reiterate what Administrator dust.’’ which nuisance dust is not regulated under Jackson has already publicly stated—

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19252 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 that EPA would not alter the Bush-era Mr. WHITFIELD. Mr. Chairman, I much stronger case for the regulation standards for coarse particulate mat- claim time in opposition. of fine particles and indicate that the ter—then the Rush amendment would The CHAIR. The gentleman from current standards must be revisited in satisfy that objective. Kentucky is recognized for 5 minutes. order to ensure the public health is During the subcommittee hearing on Mr. WHITFIELD. While I have a protected. H.R. 1633, we heard testimony from the great deal of respect and admiration The major health effects of fine par- bill’s sponsor that the intent of this for the gentleman from Illinois, I am ticulate matter include reduced lung legislation was to address the regu- going to oppose this amendment. function, cough, wheezing, missed latory uncertainty over ‘‘farm dust.’’ I would say, first of all, that this leg- school days due to respiratory symp- However, during that same hearing, we islation does not change in any way toms, increased use of asthma medica- heard testimony from the Assistant the current EPA standard relating to tion, strokes, emergency room visits, Administrator of the Office of Air and particulate matter on coarse materials. hospital admissions, lung cancer, and Radiation, Gina McCarthy, where she His amendment would strike the provi- premature death—at levels well below expressed a serious concern over the sion in the bill addressing nuisance the current national air quality stand- ambiguous language in the bill and the dust, keeping only that which prohibits ards. overly broad impact it could have on This bill, H.R. 1633, eliminates EPA’s a change to the existing PM10 standard existing Clean Air Act programs. for 1 year, which we agree with. But be- authority to control so-called ‘‘nui- Mr. Chairman, the Rush amendment cause it strikes section 3, which is the sance dust’’ except in a very narrow set would remove the ambiguity and pro- main part and the substantive part of of circumstances. First, the Administrator must find vide clarity to the bill’s intent so that this bill because it would eliminate our that nuisance dust causes substantial we can keep in place standards to pro- nuisance dust definition, I would re- adverse public health and welfare ef- tect our Nation’s most vulnerable pop- spectfully oppose the amendment and fects. ulations. At the end of section 2, my urge all Members to vote ‘‘no’’ on the amendment would add the following: Second, even if the Administrator de- amendment. ‘‘Nothing in this Act precludes the Ad- termines that nuisance dust causes I yield back the balance of my time. ministrator from proposing, finalizing, substantial harm, she must also find The CHAIR. The question is on the implementing, or enforcing the na- that the benefits of regulating nui- amendment offered by the gentleman tional primary ambient air quality sance dust outweigh the cost, including from Illinois (Mr. RUSH). standard or the national secondary air impacts on employment. This approach The question was taken; and the quality standard for PM ’’ Addition- upends the way EPA has been setting 2.5 Chair announced that the noes ap- ally, because there is such widespread health-based air pollution standards peared to have it. suspicion that the real intent of this for 40 years. Mr. RUSH. Mr. Chairman, I demand a bill is to roll back existing Clean Air The Clean Air Act requires EPA to Act protections, my amendment would recorded vote. set each air quality standard based strike section 3 altogether, which con- The CHAIR. Pursuant to clause 6 of purely on science and medical evidence tains the most overly ambiguous and rule XVIII, further proceedings on the showing the health effects of exposure excessively broad provisions of the bill. amendment offered by the gentleman to the pollutant. The standard basi- In section 3, the bill’s exclusion for from Illinois will be postponed. cally identifies the level of pollution particulate matter from combustion AMENDMENT NO. 2 OFFERED BY MRS. that is safe to breathe. The Clean Air would not exclude particulate pollution CHRISTENSEN Act also requires EPA to set the stand- from sources such as open-pit mines, The CHAIR. It is now in order to con- ard with an adequate margin of safety mining processing plants, sand and sider amendment No. 2 printed in to account for uncertainty and protect gravel mines, smelters, coal mines, House Report 112–317. sensitive subpopulations, such as chil- coal-processing plants, cement kilns, Mrs. CHRISTENSEN. I have an dren with asthma. Essentially, this bill and waste and recovery facilities. amendment at the desk. would require EPA to determine the Mrs. McCarthy raised serious con- The CHAIR. The Clerk will designate level of air pollution that is safe to cerns about the effect of this bill on ex- the amendment. breathe based on the costs of control, isting health-based standards due to The text of the amendment is as fol- not the medical evidence. the fact that the term ‘‘nuisance dust’’ lows: Third, under this bill, the Adminis- is not a scientifically-defined term, and In section 132(b) of the Clean Air Act, as trator only has this limited authority it would be very difficult to incor- proposed to be added by section 3 of the bill, in areas where State, local or tribal porate into a scientifically-based pro- after ‘‘is not regulated under State, tribal, or governments are not regulating nui- gram. As Mrs. McCarthy noted, local law’’ insert ‘‘at a level requisite to pro- sance dust. But the bill provides no ‘‘Coarse particles have been linked to a tect public health (as determined by the Ad- minimum standard of protection, no variety of adverse health effects, in- ministrator),’’. Federal floor. That means that even cluding hospitals visits related to car- The CHAIR. Pursuant to House Reso- the most minimal State or local re- diovascular and respiratory disease, lution 487, the gentlewoman from the quirement is sufficient to bar EPA ac- and premature death. While the body of Virgin Islands (Mrs. CHRISTENSEN) and tion on anything that falls under the scientific evidence is much more lim- a Member opposed each will control 5 definition of nuisance dust. ited for coarse PM than for fine par- minutes. It is absurd, Mr. Chairman, to claim ticles, the agency’s review of the stud- The Chair recognizes the gentle- that any State or local dust regulation, ies indicate that short-term exposures woman from the Virgin Islands. no matter how minimal, would be sufficient to protect the public health. We to coarse particles remain a concern.’’ b 1230 Mr. Chairman, the Rush amendment tried to address air pollution only on would provide regulatory certainty to Mrs. CHRISTENSEN. Mr. Chairman, the State and local level throughout rural farmers while also protecting our I yield myself such time as I may con- the 1960s. It did not work. Companies Nation’s most vulnerable population, sume. blocked cleaner air protections by including our children, our senior citi- This bill stands as an effort to dra- threatening to leave for other States zens, people with low incomes, and peo- matically weaken the Clean Air Act with weaker standards. ple with chronic lung disease such as and delay implementation of vital pub- This widely acknowledged failure asthma, chronic bronchitis, and em- lic health protections against toxic produced overwhelming support for the physema. particles. cooperative federalism approach em- I urge all my colleagues to support The adverse health effects of particu- bodied in the Clean Air Act since 1970. my amendment. late matter are serious and have been Under this approach, the Federal Gov- With that, I yield back the balance of well documented. Thousands of studies ernment sets minimum uniform stand- my time. published over the last 9 years make a ards to protect health, and States and

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Pursuant to House Reso- the residents of every State and local- and how it affects their everyday life. lution 487, the gentleman from Arkan- ity are afforded a baseline level of pro- If you look at their track record, you sas (Mr. CRAWFORD) and a Member op- tection against particle pollution. My can only see why there is uncertainty posed each will control 5 minutes. The Chair recognizes the gentleman amendment says that if the State, and why they believe this is a very, from Arkansas. local, or tribal laws are not sufficient very real threat. Mr. CRAWFORD. Mr. Chairman, my to protect public health from exposure I am proud to be able to travel across amendment is very straightforward, to dangerous particle pollution, then my rural district in south side Virginia and I believe it will help provide the EPA has the authority under the Clean and central Virginia and talk to farm- proper amount of interagency commu- Air Act to step in and take action to ers. In August, I sat down with a group nication with the EPA when they go to reduce that pollution. of farmers in Nelson and Albemarle write air quality standards for particu- This bill tries to turn back the clock Counties. One of the farmers that was there is a peach farmer, a fruit grower. late matter. to a time when State and local air pol- The legislation being considered lution laws weren’t strong enough to He said to me, Mr. HURT, on my farm, where my family has been for genera- today excludes nuisance dust from the protect public health. Those who are EPA regulatory net, but the bill pro- ignorant of history are doomed to re- tions growing peaches for our customers, I’m regulated by the Depart- vides an exemption if the EPA deter- peat it. Let’s learn our history and rec- mines that the economic benefits of ognize that both States and the Fed- ment of Labor, the Department of Ag- riculture, the FDA, the IRS, the De- regulating dust outweigh the cost. My eral Government play valuable roles in amendment would simply direct the ensuring that Americans breathe clean partment of Transportation, the Corps of Engineers, the EPA—and the list EPA to consult with the Department of and healthy air. Agriculture in making this determina- I urge my colleagues to support my goes on when you add the State and tion. amendment, and I reserve the balance local regulators. He said, I’m regulated by all those different agencies, most of As a member of the Ag Committee, of my time. I’ve heard testimony from both the Mr. HURT. Mr. Chairman, I claim them Federal agencies; and all I’m trying to do is grow a peach. How hard can Secretary of Agriculture and the EPA time in opposition. Administrator on how their respective The CHAIR. The gentleman from Vir- it be? And I think when you look at the agencies propose and write regulations. ginia is recognized for 5 minutes. A problem that became apparent to me Mr. HURT. I thank the Chairman. commonsense purpose of this bill, you is that the two agencies don’t even This amendment would allow the will see that this amendment would seem to communicate. Neither agency EPA to override the State and local gut it. It is for that reason that I would could give me a sufficient explanation regulations and thereby gut the pur- urge my colleagues to vote against this of the protocol for interagency commu- pose of this bill. amendment. nication between the EPA and the Let’s remember what the common- Mr. Chairman, I yield back the bal- USDA. Their responses were bureau- sense purpose of this bill is. There’s ance of my time. cratic and vague. nothing radical at all about this bill. In The CHAIR. The gentlewoman from I find this troubling because if you fact, in section 3 this bill protects pub- the Virgin Islands has 30 seconds re- ask the farmers and ranchers in my Ar- lic health. It protects public health by maining. kansas district about the greatest relying on the State and local regu- Mrs. CHRISTENSEN. I would just threat to their operations, they always lators who are best equipped to make like to add that my amendment does respond with three letters: EPA. I judgments about naturally occurring not really take away any authority don’t think their response would be the dust. And it does nothing at all to af- from the State, local, and tribal gov- same if both agencies worked together fect the particulate matter 2.5 stand- ernments; it just ensures that they set more often. ard. I think that’s important to note standards that are based on the protec- inasmuch as it seems that the opposition of the public health. b 1240 With that, I yield back the balance of tion seems to want to forget that. my time. Perhaps the best example of the right Let’s remember the ultimate purpose The CHAIR. The question is on the hand not knowing what the left hand is of this bill, and that is to protect the amendment offered by the gentle- doing occurred this past summer when farmer and the rural businesses from woman from the Virgin Islands (Mrs. the President was in his home State of overreaching Federal regulation that CHRISTENSEN). Illinois for a town hall event. One causes uncertainty and it causes job The question was taken; and the farmer asked the President why the loss. Chair announced that the noes ap- EPA was targeting new regulations at However, the EPA and the opposition peared to have it. farmers after a difficult growing season talked about the myth. They say that Mrs. CHRISTENSEN. Mr. Chairman, through the Midwest and Midsouth this it’s more likely that the EPA would I demand a recorded vote. year. The President pointed to Ag Sec- regulate fairy dust. They say that this The CHAIR. Pursuant to clause 6 of retary Vilsack for backup and asked is a solution in search of a problem. rule XVIII, further proceedings on the the farmer to explain the specific regu- But our farmers know better; our rural amendment offered by the gentle- lations. business owners know better. They woman from the Virgin Islands will be The farmer cited rules that would be know better because they have looked postponed. crippling to the ag community, includ- at the proposed regulations and the AMENDMENT NO. 3 OFFERED BY MR. CRAWFORD ing regulating farm dust. President proposals from the EPA staff that was The CHAIR. It is now in order to con- Obama defiantly dismissed the ques- dated back in April in which they pro- sider amendment No. 3 printed in tion by saying, ‘‘Don’t always believe posed looking at and revising the PM10 House Report 112–317. what you hear.’’ He later told the standard. They also have seen the let- Mr. CRAWFORD. Mr. Chairman, I crowd: If you ever have a question as to ter that was sent to my office in May have an amendment at the desk. whether it’s going to make it harder of this year in which Ms. McCarthy, The CHAIR. The Clerk will designate for you to farm, contact USDA. the assistant administrator, makes it the amendment. It seems to me that the President clear that agricultural dust and dust The text of the amendment is as fol- didn’t understand that it’s the EPA, coming off of roads is absolutely within lows: not the Department of Agriculture,

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that was the source of this man’s frus- chusetts (Mr. MARKEY) and a Member plowing, harvesting, driving on roads— tration. If the President doesn’t realize opposed each will control 5 minutes. in our own definition says that consists that the EPA is coming down hard on The Chair recognizes the gentleman primarily of soil and other natural and our Nation’s farmers and ranchers, from Massachusetts. biological materials. So, if you’re then why would the agency, itself, find Mr. MARKEY. I yield myself 2 min- going to adopt a new standard totally it necessary to consider agriculture in utes. different than current standards at the proposing regulations? Clearly, it does In this legislation, the Republican EPA on such issues as arsenic, the re- not. majority exempts all so-called nui- ality in rural America is that it is a My amendment would ensure that sance dust from the protective air natural part of our soil, and when dust the EPA and the Department of Agri- quality standards for coarse particle or would kick up and blow, it will be at a culture work together if the EPA seeks soot pollution under the Clean Air Act. particulate level below what the stand- to further regulate the agriculture in- Republicans have defined ‘‘nuisance ards are. dustry in the future. The Department dust’’ to include particulate matter We’re just trying to say, look, the re- of Agriculture understands the eco- that is generated from ‘‘earth moving ality is the EPA even says that at the nomic well-being of our Nation’s farm- or other activities that are typically extremely minor level of particulates ers and ranchers better than any other conducted in rural areas.’’ This legisla- that would be inherent in topsoil that agency and should have a degree of tion’s broad definition means a bill could be kicked up by wind or farming which is supposed to be all about trac- input whenever the EPA writes rules activities is not a health risk. In fact, tors and farms is actually about bar- that directly impact farmers and one of the authors of the EPA’s most ring EPA from regulating the toxic ranchers. recent integrated science assessment soot that comes out of mines, smelters, This amendment would be a small for particulate matter issued in 2010 chemical plants. And that’s because all but important step in that direction. testified before our committee and of these materials come from earth With that, Mr. Chairman, I yield stated, ‘‘For long-term effects of coarse moving, natural materials, or activi- back the balance of my time. particulates, there is next to no evi- Mr. WAXMAN. Mr. Chairman, I ask ties that take place in rural areas. dence in support of long-term health unanimous consent that I be able to Now, I don’t know about the major- effects.’’ control the time that would be allotted ity, but when most people hear the In rural America, in Nebraska, we to those in opposition. word ‘‘nuisance’’ they think of things can show you real-life examples. In The SPEAKER pro tempore. Without like honking horns, telemarketers, and rural America, they have the highest objection, the gentleman from Cali- buzzing flies. They don’t think of poi- health standards and longevity of life fornia is recognized for 5 minutes. son. By preventing EPA from regu- and health. There was no objection. lating the toxic soot spewing out of So with that, I will let the gentleman Mr. WAXMAN. Mr. Chairman, the mining operations, smelters, chemical close on his amendment and yield back Crawford amendment simply requires facilities, and construction sites, Re- EPA to consult with the Secretary of the balance of my time. publicans have apparently decided that Mr. MARKEY. Mr. Chairman, I yield Agriculture before making any deter- poisonous chemicals such as arsenic, mination about the health threat posed myself the balance of my time. lead, and mercury are mere nuisances. In the 19th century, mercury, an- by pollution in an area, as well as the This false advertising is not a total other common mining waste, was used costs and benefits of taking action. surprise. We have heard from Repub- as a cure-all for toothaches and other I don’t know that the Department of lican witnesses in the past who, in de- ailments. It turns out that the mercury Agriculture has much to contribute in fense of the most polluting industries, is also highly toxic. It causes severe terms of the health threats; but the have unwillingly offered up the absurd. impacts on the brain and, throughout bill is so objectionable already, it’s In fact, in the last Congress, at a hear- history, has been identified as the poi- hard to argue that this amendment ing I chaired, the Republican witness son behind many other notable ill- makes it discernibly worse. It’s a drop said he would be happy to sprinkle ar- nesses and deaths in the history of our in a very large bucket. senic-laced coal ash on his cereal. For that reason, I will not oppose It turns out that the Republican wit- planet. By defining nuisance dust this way, this amendment. We’re willing to ac- ness is not alone in his suggestion to the Republicans are, essentially, pro- cept it, but I still am in opposition to use arsenic as a dietary supplement. viding the mining industry with the the bill. Arsenic, which is a major component of holiday gift of pollution. Instead of I yield back the balance of my time. mining activities, was famously used gold and frankincense and myrrh, the The CHAIR. The question is on the to poison and kill a number of promi- Republicans are bearing gifts of arsenic amendment offered by the gentleman nent people throughout history, includ- and lead and mercury for every family from Arkansas (Mr. CRAWFORD). ing Napoleon, King George III, and the The amendment was agreed to. in our country. Emperor of China. AMENDMENT NO. 4 OFFERED BY MR. MARKEY I reserve the balance of my time. My amendment simply states that The CHAIR. It is now in order to con- Mr. TERRY. Mr. Chairman, I claim so-called nuisance dust doesn’t include sider amendment No. 4 printed in the time in opposition. poisonous arsenic or other heavy met- House Report 112–317. The CHAIR. The gentleman from Ne- als that are hazardous to human Mr. MARKEY. Mr. Chair, I have an braska is recognized for 5 minutes. health, because cancer is not a nui- amendment at the desk. Mr. TERRY. I thank the chairman sance. The development of a child’s The CHAIR. The Clerk will designate and appreciate the gentleman from brain is not a nuisance. Yet the Repub- the amendment. Boston’s arguments here suggesting licans would treat these conditions as a The text of the amendment is as fol- that this bill somehow exempts arsenic nuisance rather than as medical catas- lows: and all these poisons. The reality is it trophes for the families of America. In section 132(c) of the Clean Air Act, as does not. It’s an unnecessary amend- So let’s be clear what this bill is all proposed to be added by section 3 of the bill, ment. It, one, is to make a point that about. This is another attempt by the strike ‘‘and’’ at the end of paragraph (1), I think is inflated. Republicans to protect Big Coal by cre- strike the period at the end of paragraph (2) ating another loophole to avoid the and insert ‘‘; and’’, and add at the end the The reality is emissions of arsenic following paragraph: above the standard would still be in Clean Air Act so that families don’t ‘‘(3) the term ‘nuisance dust’ does not in- violation of EPA rules. The reality also have to worry that their children are clude particulate matter containing arsenic exists then, if you’re going to move the inhaling these dangerous materials, or other heavy metals that are hazardous to goalpost to a zero particulate, then the arsenic, the lead, the mercury that human health.’’. we’ve got a different issue here. they are petrified are going to have a The CHAIR. Pursuant to House Reso- Now, the dust that we’re talking negative long-term impact on their lution 487, the gentleman from Massa- about from agricultural activities— children’s development.

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Washington State, which I represent, is The Kennecott, Utah, Copper Mine ing to do, which is to allow the coal in- one of the toughest places in the world serves as a perfect example of why this dustry to continue to send this lead, to mine. This bill isn’t going to change is such a problem. Kennecott Copper this mercury, this arsenic up into the that. Mining and agricultural dust is operates one of the largest open-pit air and into the lungs of children comprehensively regulated by State copper mines in the world, in Utah. across our country, especially those agencies and many, many Federal stat- The mine is even visible from space. that are so young that we know it has utes currently in place, including the Every day, they mine about 150,000 Surface Mining and Control Reclama- an impact on their development, espe- tons of copper ore and 330,000 tons of tion Act, Federal Mine Safety and cially of their brain. waste rock from the Bingham Canyon Health Act, Resource Conservation and So I urge an ‘‘aye’’ vote on this mine. Kennecott’s operations are the Recovery Act, Clean Water Act, Fed- amendment, and I don’t think there single largest source of particulate pol- eral Land Policy and Management Act, can be a more important amendment lution in Utah. the National Environmental Policy that we’re going to vote upon in this The mine is having a significant im- Act, and many others. This includes Congress. pact on air quality, even with the pol- regulation by the Department of Inte- I yield back the balance of my time. lution control requirements in place. rior of dust from wind erosion and ve- The CHAIR. The question is on the There is simply no reason, therefore, to hicle traffic associated with mines. amendment offered by the gentleman say well, we’re going to address farm State and local authorities will still from Massachusetts (Mr. MARKEY). dust by exempting this mine from reg- have full authority to impose nuisance The question was taken; and the ulation under the Clean Air Act. And dust controls, and rural America needs Chair announced that the noes ap- that is what this bill would do. It certainty that they won’t be second- peared to have it. would exempt all particle pollution guessed by the EPA. Mr. MARKEY. Mr. Chairman, I de- from the mine’s activities from the en- I urge a ‘‘no’’ on this amendment. mand a recorded vote. tire Clean Air Act. Bottom line, if you stop and think The CHAIR. Pursuant to clause 6 of That mine is now subject to the re- about it, there’s a story here, a story of rule XVIII, further proceedings on the quirements of the Clean Air Act. two paths forward. One path has the amendment offered by the gentleman They’re doing what they need to do to potential to bring economic growth, from Massachusetts will be postponed. control pollution from that mine. If we jobs, and energy independence to this AMENDMENT NO. 5 OFFERED BY MR. WAXMAN adopt this bill, it would allow them to country; the second path has brought The CHAIR. It is now in order to con- refrain from doing anything other than and will continue to bring economic sider amendment No. 5 printed in just simply spewing the pollution. stagnation to our Nation. House Report 112–317. These mining operations, Kennecott The irony is that the administration Mr. WAXMAN. Mr. Chairman, I have and others, can have a significant im- seems to continue to advocate for the an amendment at the desk. pact. They emit large quantities of second path. And of course I’m talking The CHAIR. The Clerk will designate both fine and coarse particulate mat- about the path of EPA overregulation the amendment. ter. Yet under this bill, they would be that continues to put a stranglehold on The text of the amendment is as fol- exempt from regulation. businesses and economic growth in this lows: So my amendment simply clarifies country. In section 132(c) of the Clean Air Act, as that this bill does not apply to particle The next phase of the EPA’s path is proposed to be added by section 3 of the bill, pollution from any mining activities. America’s farmland. Whether you’re strike ‘‘and’’ at the end of paragraph (1), The science shows that coarse and working in the field herding cattle or strike the period at the end of paragraph (2) fine particle pollution, regardless of driving down a dirt road, the EPA and insert ‘‘; and’’, and add at the end the the source, can trigger asthma attacks, wants to regulate the dust you pick up. following paragraph: heart attacks, stroke, and premature The Farm Dust Regulation Protec- ‘‘(3) the term ‘nuisance dust’ does not in- death. That’s why I oppose exempting tion Act of 2011 will ensure that this clude any particulate matter produced from path is stopped by prohibiting the im- mining activities. favored sources of this pollution from the Clean Air Act, and that’s why I op- plementation of a stricter PMT stand- The CHAIR. Pursuant to House Reso- ard for 1 year and exempting nuisance lution 487, the gentleman from Cali- pose the bill. But at a minimum if we adopt this dust, like farm dust, from any future fornia (Mr. WAXMAN) and a Member op- amendment, we would ensure that the PMT regulation. posed each will control 5 minutes. bill is true to its name—the Farm Dust I applaud my colleagues, Representa- The Chair recognizes the gentleman Regulation Prevention Act. Large in- tives NOEM and HURT, for introducing from California. dustrial open-pit mines and gravel this important legislation. I urge my Mr. WAXMAN. Mr. Chairman, I yield mining operations shouldn’t get a free colleagues to support it. myself such time as I may consume. pass to pollute under the clever pre- I reserve the balance of my time. The supporters of this bill said Mr. WAXMAN. Mr. Chairman, farm tense of being involved with farms. they’re simply trying to exempt harm- I would urge my colleagues to sup- dust is not the same thing as pollution less dirt from farms and ranches from port this amendment removing mine from a mine. My amendment would ex- regulation under the Clean Air Act. operations from coverage under this clude pollution from a mine from this That simply is not the case. This bill is bill and making sure the bill only cov- legislation so that it stays under EPA nothing more than a bait-and-switch. ers farming operations. regulation under the Clean Air Act, as The title says it’s about farm dust, but I reserve the balance of my time. it is today. There is no reason to give in reality, it would exempt air pollu- Mrs. MCMORRIS RODGERS. Mr. mining operations, whether they’re in tion from a number of industrial Chairman, I claim time in opposition. rural or in urban areas, a pass so that sources from the entire Clean Air Act, The CHAIR. The gentlewoman from they need not even meet requirements including mines. Washington is recognized for 5 min- to protect the public from unsafe pol- The bill defines ‘‘nuisance dust’’ to utes. lutants that could cause adverse health include particulate matter, that con- Mrs. MCMORRIS RODGERS. I yield impacts. sists primarily of natural materials myself such time as I may consume. I urge the adoption of the amend- generated from sources that include Just to let me clarify, the purpose of ment, and I yield back the balance of ‘‘earth moving.’’ So when you look at this legislation, H.R. 1633, is to exempt my time.

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Mrs. MCMORRIS RODGERS. I would latory hook for so-called ‘‘exceptional one exceptional event like this to go like to yield the balance of my time to events’’—dust events—events that they and say, This shouldn’t count against the chairman of the subcommittee. cannot control but that impact air our air quality or count against us in Mr. WHITFIELD. Mr. Chairman, this quality. In 2007, the EPA adopted the terms of new regulations and costs is a little off topic. We have a young Exceptional Event Rule, implementing that will be imposed on us. man who served the Energy and Com- Congress’ amendment to the Clean Air I am a cosponsor of the underlying merce Committee and me personally Act; but this rule has proven flawed, bill to which this amendment will be for many years and did an outstanding costly, and inconsistently imple- attached, and I support it. This is an job. His name is Jeff Mortier. Tomor- mented. important amendment. It is not just an row is his last day as an employee of Let me give you an idea of what academic question, and I’m glad that the House of Representatives. I just we’re talking about here. Here is a pic- all sides recognize this. So I thank the want to take this opportunity to thank ture. It’s an actual photograph of one gentleman from California for accept- him for the great job that he did and to of the events that happened just this ing the amendment. wish him the very best in his new en- year in the Phoenix metropolitan area I now wish to yield time to the spon- deavor. which was caused by a monsoon. sor of the bill, the gentlewoman from South Dakota (Mrs. NOEM). I thank her The CHAIR. The question is on the The monsoon comes along. When it for her dogged work in bringing this amendment offered by the gentleman rolls along flat ground, it tends to pick forward. up every loose bit of dust or dirt that’s from California (Mr. WAXMAN). Mrs. NOEM. I rise in support of the The question was taken; and the there, and it causes an event like this. amendment that the gentleman from Chair announced that the ayes ap- Obviously, this is not something that Arizona has brought to the floor. peared to have it. the State or local government can con- Mr. Chairman, this amendment Mr. WHITFIELD. Mr. Chairman, I de- trol; yet we’re forced to go then to the would add a sense of Congress to this mand a recorded vote. EPA and beg for an exception to the piece of legislation that the EPA The CHAIR. Pursuant to clause 6 of Clean Air Act, which has proven to be should approach and exclude excep- rule XVIII, further proceedings on the extremely costly when we have to do it tional events and have a provision such amendment offered by the gentleman over and over again. as this. It would give us a consistent from California will be postponed. I reserve the balance of my time. and a transparent manner for dealing Mr. WAXMAN. Mr. Chairman, I ask b 1300 with these events. Certainly, rural unanimous consent to speak on this America and other parts of America AMENDMENT NO. 6 OFFERED BY MR. FLAKE amendment. need the certainty that the regulation The CHAIR. It is now in order to con- The CHAIR. Without objection, the is not triggered by natural events that sider amendment No. 6 printed in gentleman from California is recog- are out of our control. House Report 112–317. nized for 5 minutes. Mr. FLAKE. I thank the gentlelady. Mr. FLAKE. I have an amendment at There was no objection. In conclusion, Mr. Chairman, the the desk. Mr. WAXMAN. I wanted to say to the EPA does recognize there is a problem The CHAIR. The Clerk will designate gentleman from Arizona that I think here, and they are working to correct the amendment. his amendment makes a great deal of it. It’s just taking a long time. The The text of the amendment is as fol- sense. It complies with what, I think, rule was promulgated in 2007. We’ve lows: the EPA ought to do under these excep- had 3 or 4 years since that time, and At the end of the bill, add the following: tional circumstances, and we are pre- every year it costs States and local pared to accept his amendment. SEC. 4. SENSE OF CONGRESS. governments millions of dollars just to It is the sense of the Congress that the Ad- I yield back the balance of my time. seek exceptions with these exceptional ministrator of the Environmental Protection Mr. FLAKE. I thank the gentleman events. The language in this amend- Agency should implement an approach to ex- from California. ment simply encourages the EPA to cluding so-called ‘‘exceptional events’’, or Mr. Chairman, just to give you an move more quickly, and Congress events that are not reasonably controllable idea of how prevalent the problem is, stands ready to help them to fashion a or preventable, from determinations of I’ll just summarize a little more. In Ar- new rule that will truly account for whether an area is in compliance with any izona, the Maricopa Association of these exceptional events. national ambient air quality standard Governments, or MAG, has said that With that, I urge support for the (NAAQS) applicable to coarse particulate amendment, and I yield back the bal- matter that— there have been about 100 events that (1) maximizes transparency and predict- have exceeded the PM10 standard this ance of my time. ability for States, tribes, and local govern- year. All but one was from an excep- The CHAIR. The question is on the ments; and tional event—dust storms that oc- amendment offered by the gentleman (2) minimizes the regulatory and cost bur- curred naturally. from Arizona (Mr. FLAKE). dens States, tribes, and local governments What happens then is States and lo- The amendment was agreed to. bear in excluding such events. calities, as I said, have to go to the AMENDMENT NO. 7 OFFERED BY MR. SCHOCK The CHAIR. Pursuant to House Reso- EPA and beg for an exception to the The CHAIR. It is now in order to con- lution 487, the gentleman from Arizona rule. In some cases, just for an exam- sider amendment No. 7 printed in (Mr. FLAKE) and a Member opposed ple, if you take all of the events in 2011, House Report 112–317. each will control 5 minutes. the Maricopa Association of Govern- Mr. SCHOCK. Mr. Chairman, I have The Chair recognizes the gentleman ments is estimating it will cost over $1 an amendment at the desk. from Arizona. million to just argue and put together The CHAIR. The Clerk will designate Mr. FLAKE. Mr. Chairman, I yield the paperwork to go to the EPA and the amendment. The text of the amendment is as fol- myself such time as I may consume. say, This was a big monsoon that lows: While the Clean Air Act obviously caused this. It was an exceptional At the end of the bill, add the following: serves a useful purpose, all too often event. In the end, the EPA may rule in SEC. 4. IMPACTS OF EPA REGULATORY ACTIVITY States and localities are tied up in our favor, but it is the cost of actually ON EMPLOYMENT AND ECONOMIC knots in just trying to comply with the going through it. ACTIVITY IN THE AGRICULTURE provisions of it in which the rules that This is not just in Maricopa County. COMMUNITY. were promulgated in response to the It’s not just in Arizona. In the San Joa- (a) ANALYSIS OF IMPACTS OF ACTIONS ON law, or amendments to the law, just quin Valley, I believe it has noted that EMPLOYMENT AND ECONOMIC ACTIVITY IN THE AGRICULTURE COMMUNITY.— weren’t well thought out. the paperwork for just one high-wind (1) ANALYSIS.—Before taking a covered ac- In this regard, in 2005 Congress exceptional event takes more than 400 tion, the Administrator shall analyze the im- amended the Clean Air Act so States staff hours to prepare in order to go to pact, disaggregated by State, of the covered and localities could get off the regu- the EPA. It takes 400 staff hours for action on—

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My family (A) IN GENERAL.—In carrying out para- Any offsetting economic activity that re- prides itself on being environmental graph (1), the Administrator shall utilize the sults from the hypothetical creation of new stewards and making our farm better best available economic models. economic activity through new technologies for the next generation. We do it better (B) ANNUAL GAO REPORT.—Not later than or government employment may not be used here than in any other place in the December 31 of each year, the Comptroller in the economic activity calculation. world.’’ General of the United States shall submit to The CHAIR. Pursuant to House Reso- Jamie Schaffer, another farmer from Congress a report on the economic models lution 487, the gentleman from Illinois my district, in Princeville, Illinois, used by the Administrator to carry out this (Mr. SCHOCK) and a Member opposed subsection. told me: (3) AVAILABILITY OF INFORMATION.—With re- each will control 5 minutes. ‘‘The EPA over-regulation has the spect to any covered action, the Adminis- The Chair recognizes the gentleman potential to shut us down. We wouldn’t trator shall— from Illinois. be able to farm with modern equip- (A) post the analysis under paragraph (1) Mr. SCHOCK. Mr. Chairman, I yield ment. Livestock walks across the field as a link on the main page of the public myself such time as I may consume. and creates dust when it’s dry out. We Internet Web site of the Environmental Pro- I rise today to offer an amendment need to take regulators out to our tection Agency; with my good friend and colleague, farms and personally show them (B) request the Secretary of Agriculture to Mrs. SHELLEY MOORE CAPITO of West post the analysis under paragraph (1) as a there’s no way around dust or dirt. It’s Virginia. just a natural part of the environ- link on the main page of the public Internet Our amendment is simple. It requires ment.’’ Web site of the Department of Agriculture; the EPA to consider the impact of new Let’s let Dale, Jamie, and other and agriculture jobs and the economy be- (C) request that the Governor of any State farmers in our country continue to do fore issuing new rules and regulations. experiencing more than a de minimis nega- what they do best. Let the EPA bu- A similar amendment to the Clean tive impact post such analysis in the Capitol reaucrats understand first, before they Water Cooperative Federalism Act of such State. implement a new rule, what kind of ef- (b) PUBLIC HEARINGS.— passed this House in July, and it en- fect, if any, it will have negatively on (1) IN GENERAL.—If the Administrator con- joyed broad bipartisan support. cludes under subsection (a)(1) that a covered My amendment today says if jobs and jobs and the economy throughout our action will have more than a de minimis neg- the economic well-being of farmers country. ative impact on agricultural employment would be negatively impacted, the EPA I urge a ‘‘yes’’ vote, and I reserve the levels or agricultural economic activity in a will be required to hold public hearings balance of my time. State, the Administrator shall hold a public in the impacted State. It would also re- Mr. WAXMAN. Mr. Chairman, I rise hearing in each such State at least 30 days quire the EPA to notify the State’s in opposition to the amendment. prior to the effective date of the covered ac- The CHAIR. The gentleman from tion. Governor, legislature, and congres- California is recognized for 5 minutes. (2) TIME, LOCATION, AND SELECTION.—A pub- sional delegation. It would also require lic hearing required under paragraph (1) shall that the EPA post its analysis of the Mr. WAXMAN. I have several con- be held at a convenient time and location for negative job impact on its Web site, re- cerns about this amendment, which impacted residents. In selecting a location quest the Secretary of Agriculture to seems to ignore the reality of how for such a public hearing, the Administrator do the same, and request the Governor agencies communicate, along with the shall give priority to locations in the State of that State to post similar analysis well-established process for how EPA that will experience the greatest number of proposes and finalizes a rule. job losses. on the State capital’s Web site. I don’t believe this is too much to First of all, this amendment requires (c) NOTIFICATION.—If the Administrator concludes under subsection (a)(1) that a cov- ask. We are simply asking the EPA to the EPA to conduct additional eco- ered action will have more than a de mini- calculate the number of jobs lost and nomic analyses for a broad range of mis negative impact on agricultural employ- the economic impact on the agricul- agency actions that could affect agri- ment levels or agricultural economic activ- tural community with a new rule that culture, including guidance documents ity in any State, the Administrator shall would do such. If its calculation turns and policy statements. give notice of such impact to the State’s out to be detrimental, we want the b 1310 Congressional delegation, Governor, and EPA to let our Nation’s farmers know Legislature at least 45 days before the effec- before it implements additional red Requiring an expensive and time-con- tive date of the covered action. suming detailed economic analysis for (d) DEFINITIONS.—In this section, the fol- tape and new regulations. We expect the bureaucrats in the every policy statement makes no lowing definitions apply: sense. (1) ADMINISTRATOR.—The term ‘‘Adminis- EPA here in Washington, D.C. to go out trator’’ means the Administrator of the En- into the real world and understand the Secondly, this amendment singles vironmental Protection Agency. impact of the rules that they are im- out one favored sector for special treat- (2) COVERED ACTION.—The term ‘‘covered plementing, that they are suggesting, ment. Why should we have an entirely action’’ means any of the following actions and that have a real effect on farmers different rulemaking process in place taken by the Administrator under the Clean who are trying to run their operations for agriculture? If the Republicans are Air Act (42 U.S.C. 7401 et seq.) relating to ag- concerned about the rulemaking proc- riculture and the national primary ambient across America and are helping to feed the world’s population. ess, then they should work with us on air quality standard or the national sec- a bipartisan basis to improve the way ondary ambient air quality standard for par- This past weekend, the Illinois Farm ticulate matter: Bureau, in my home State, had its an- rules are adopted for all sectors, not (A) Issuing a regulation, policy statement, nual meeting. It conducted a survey of just one. guidance, response to a petition, or other re- the thousands of farmers who partici- This amendment also isn’t necessary. quirement. pated in that convention, and it asked EPA already has to evaluate the costs (B) Implementing a new or substantially them an open-ended question: and benefits of each rule to satisfy re- altered program. What posed the biggest threat to quirements and numerous statutes. (3) MORE THAN A DE MINIMIS NEGATIVE IM- their future profitability as family When issuing a rule, EPA has to com- PACT.—The term ‘‘more than a de minimis ply with the Administrative Procedure negative impact’’ means the following: farmers? Was it input costs? lower (A) With respect to employment levels, a commodity prices? land prices? com- Act, the Paperwork Reduction Act, the loss of more than 100 jobs related to the agri- modity price swings? Regulatory Flexibility Act, the Small culture industry. Any offsetting job gains No. Their answer, overwhelmingly, Business Regulatory Enforcement that result from the hypothetical creation of was government regulation. Fairness Act, the Unfunded Mandates

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REPORT ON EFFECT ON JOBS. ments of the Office of Management and being placed, I would suggest, if it’s a Not later than 180 days after the date of enactment of this Act, the Administrator of Budget, and others. burden at all, is on the EPA, the EPA A few minutes ago, we accepted an the Environmental Protection Agency shall who actually has to take a look at transmit to Congress a report estimating the amendment from the gentleman from whether or not this is impacting jobs increase or decrease in the number of jobs in Arizona (Mr. FLAKE) that called on before the regulation is promulgated. the United States that will occur as a result EPA not to have a burdensome process How about that? We actually do of the enactment of this Act (including the when they grant a state flexibility in something around this place that takes amendment to the Clean Air Act (42 U.S.C. handling an exceptional event that a burden off the private sector and 7401 et seq.) made by section 3 of this Act). caused a violation, and he argued we makes government do their job to The CHAIR. Pursuant to House Reso- didn’t need a burdensome process to make sure they’re not hurting jobs in lution 487, the gentleman from Texas get to that result. private industry. (Mr. AL GREEN) and a Member opposed This additional burdensome process You know, this is an amendment that each will control 5 minutes. imposed by this amendment is also un- makes absolute common sense, to look The Chair recognizes the gentleman necessary. According to the GAO, the before you leap, to make sure that you from Texas. requirements already in place are understand the impacts of a regulation Mr. AL GREEN of Texas. Mr. Chair- quote, ‘‘clearly voluminous and require before you issue it, and that’s why I man, I yield myself such time as I may a wide range of procedural, consult- support this amendment. consume. ative, and analytical action on the part The CHAIR. The time of the gen- There has been much debate as to of the agencies.’’ tleman from Illinois has expired. whether this bill will create or save This amendment appears to ignore Mr. WAXMAN. Mr. Chairman, how jobs. There is much speculation based this well-established process and, in- much time do I have? on whether this bill will create or save stead, would add another burdensome The CHAIR. The gentleman from jobs. When you have few facts, you, layer to the already lengthy review. It California has 2 minutes remaining. generally speaking, can have much serves no purpose. It bogs down the Mr. WAXMAN. Mr. Chairman, the speculation. This amendment addresses agency. It creates more bureaucracy. It EPA goes through an incredible anal- speculation. costs more money. It does not accom- ysis now, the costs and the benefits and There is some sense in this country plish anything. And insofar as it ac- all the other considerations. It’s appro- that our approval rating is low in Con- complishes anything, it just stalls the priate. To add another review of regu- gress because of much speculation. agency from acting in only one area— lations at EPA is to require paralysis Speculation can breed distrust. Specu- agriculture. by analysis, and perhaps that’s the ob- lation can lead to fact-free debate, a I urge my colleagues to oppose this jective of the amendment. term my good friend, EMANUEL amendment as well as oppose the un- The gentleman from Illinois (Mr. CLEAVER, Representative from Mis- derlying bill. SCHOCK) has said he can’t imagine any- I reserve the balance of my time. souri, uses—fact-free debate. Mr. SCHOCK. May I inquire as to thing more expensive than what this This amendment can help us elimi- how much time remains? regulation might do to farmers. Well, nate fact-free debate. This amendment The CHAIR. The gentleman from Illi- I’ll tell you something that’s more ex- contains less than 100 words, and it ad- pensive: Tax breaks for zillionaires, nois has 11⁄2 minutes remaining. dresses the elimination of fact-free de- Mr. SCHOCK. Thank you, Mr. Chair- billionaires, and millionaires is a lot bate. It reads: man. more expensive than requiring EPA to Not later than 180 days after the date I would respond to my friend from do even more. of enactment of this act, the Adminis- California with a couple points. Let’s not burden the agency with re- trator of the Environmental Protection First of all, we did have the oppor- views only for one sector that add Agency shall transmit to Congress a tunity to apply a similar rule to the nothing to the analysis that they al- report estimating the increase or de- entire bureaucracy. We passed that ready achieved before they adopt any crease in the number of jobs in the yesterday. It’s called the REINS Act. regulation. And these regulations that United States that will occur as a re- But with regard to specifically point- are already in effect now are not cost- sult of the enactment of this act. ing out agency by agency, a similar ing jobs. This amendment eliminates fact-free amendment passed earlier this year to This whole bill is supposed to prevent debates and speculation. So if you real- the clean water bill, the Clean Water regulations that had not even been ly want to eliminate fact-free debates Act, that had bipartisan support, and I adopted. And we’re not losing jobs be- and speculation, then you should sup- would certainly hope that this amend- cause of that. We’re losing jobs because port this amendment. ment would as well. our economy is not functioning, be- If you believe that this bill really To the concern about expense, I can’t cause we don’t have a willingness by does create or save jobs, then you imagine what’s more expensive than the Republicans to stimulate this econ- should support this amendment. putting Americans out of work. I can’t omy, get people back to work and get If you believe that Carlisle is right, think of what’s more expensive than jobs for those who need them. that no lie can live forever, and this asking American farmers to come up I oppose this amendment, and I yield will eliminate the possibility of things with more cash and more expenses be- back the balance of my time. being done with malice aforethought, cause of bureaucrats’ new rules in The CHAIR. The question is on the you should support this amendment. Washington, D.C. amendment offered by the gentleman If you believe that William Cullen Finally, this does not prohibit the from Illinois (Mr. SCHOCK). Bryant is right, that truth, when agency from doing anything. It just re- The amendment was agreed to. crushed to Earth, can rise again, you quires the agency to know what AMENDMENT NO. 8 OFFERED BY MR. AL GREEN should support this amendment, be- they’re doing, the impact on jobs, and OF TEXAS cause this amendment will help us to that to be known by the farmers, the The CHAIR. It is now in order to con- reveal what the truth is. State, the congressional delegation, sider amendment No. 8 printed in If you believe that fact-free debates and certainly the bureaucrats at the House Report 112–317. ought to be eliminated, you ought to EPA. Mr. AL GREEN of Texas. Mr. Chair- support this amendment. With that, I yield 1 minute to my man, I have an amendment at the desk. I reserve the balance of my time. friend from Colorado (Mr. GARDNER). The CHAIR. The Clerk will designate Mr. GARDNER. I rise in opposition Mr. GARDNER. I thank the gen- the amendment. to the amendment. tleman from Illinois for this amend- The text of the amendment is as fol- The CHAIR. The gentleman from Col- ment. lows: orado is recognized for 5 minutes.

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19259 Mr. GARDNER. Mr. Chairman, I stated. However, the best way to ascer- What I’m trying to get you to see is if yield myself such time as I may contain whether jobs are being created or you utilize the scientific method, you sume. eliminated is to utilize empirical evi- will get your empirical evidence after The question I have on that—I under- dence, empirical evidence developed you have given this an opportunity to stand the confusion about jobs in the after the fact as opposed to before the be enacted. EPA. I think there is a great deal of actual implementation of the bill. I yield back the balance of my time. confusion when it comes to whether or If you believe, and I believe your Mr. GARDNER. Mr. Chairman, I not the EPA is considering jobs in heart’s in the right place, if you believe yield myself the balance of my time. their analysis. that this is an opportunity for us to Again, I would just like to continue The administration has issued an Ex- dispel any myths, to dispel any specu- with a list of overwhelming support ecutive order. We have actually, lation, then let’s have a study done from those in my district that believe through the Energy and Commerce after the bill has passed and after there this will, indeed, cost jobs. We’ve Committee, held a number of hearings has been some time for implementa- adopted an amendment that says hey, on the Executive order that says, hey, tion. let’s take a look at it before it goes you need to take a look at the impact I’m willing to extend the time. I’m into effect. The Colorado agriculture on jobs when a regulation is promul- willing to have GAO do the study. My organizations, including the Colorado gated. heart’s in the right place. I want us to Association of Wheat Growers, the Col- We have had testimony from various have proof positive that this bill does orado Cattlemen’s Association, the officials at the EPA talking about or does not eliminate jobs. I want to Colorado Corn Growers, the Colorado whether or not they look at jobs. eliminate the speculation. Lamb Council, the Colorado Livestock Association, the Colorado Pork Pro- b 1320 I believe I have enough time left to engage my friend in a colloquy. ducers Council, the Colorado Potato There seems to be a great deal of con- How much time do I have, Mr. Chair- Administrative Committee, the Colo- fusion at the EPA about whether they man? rado Sheep and Wool Authority, the actually care about jobs. But the prob- The CHAIR. The gentleman has 11⁄2 Colorado Wool Growers Authority, and lem is we ought to take a look at those minutes remaining. the Colorado Farm Bureau, these are jobs before the regulation is issued. Mr. AL GREEN of Texas. I yield to organizations that will work each and That’s exactly what the amendment my friend from Colorado. every day under this regulation. And did that we just passed by Mr. SCHOCK. Mr. GARDNER. Thank you very perhaps the EPA says hey, you know Addressing jobs, clearly, is not the ex- much for the time and consideration. what, we’re not going to do this right pertise of the EPA. In fact, just ask as- Again, we did adopt an amendment now, but they are very concerned. sistant administrator Mathy that actually takes a look at the regu- Mr. AL GREEN of Texas. Will the Stanislaus, who came before our com- lation before it’s offered. gentleman yield? mittee and testified that, indeed, when Mr. AL GREEN of Texas. Reclaiming Mr. GARDNER. I yield to the gen- they issued a regulation, they didn’t my time for just a moment, you say be- tleman from Texas. take a look at the jobs impact, even fore. You see, empirical evidence under Mr. AL GREEN of Texas. With all though about 30 seconds before in his the scientific method is best acquired due respect, the world is larger than statement he said that they did take a after you have the actual evidence. So Colorado, and there are other States look at the impact on jobs. what you would do is utilize specula- and other organizations. To the extent the EPA does comment tion to come to a conclusion and then Mr. GARDNER. Reclaiming my time, on the jobs impact of its regulatory call that a fact. This would eliminate I understand there are some big con- agenda, it has been widely criticized speculation. cerns from Boston, there are concerns for understanding the potential for job I yield to the gentleman. in Houston, and there are some con- losses, or for even making farfetched Mr. GARDNER. I think I know that cerns in Los Angeles; but, I can tell claims that the regulations create jobs. if I stub my toe, it’s going to hurt be- you in rural Colorado, in rural Amer- At one time we had a hearing with fore I do it. We ought to be able to ica, there are grave concerns that there Gina McCarthy, assistant adminis- check out whether or not it’s going to are many people in this body that trator of the EPA, who testified for cost jobs before we do it. think their concerns over farm dust are every $1 million in regulations, it cre- Mr. AL GREEN of Texas. Reclaiming nothing more than concerns over pixie ates 1.5 jobs; 1.5 jobs for every $1 mil- my time, the question is whether you dust. lion in cost of a regulation. That’s will actually have the opportunity to I would just close with this argu- their idea of a job-creating idea or ac- hurt your toe, as you put it. There is ment. tivity. no need to avoid things that don’t Mr. AL GREEN of Texas. Will the State, local, and tribal governments exist. Let us get the actual raw empir- gentleman yield? will be able to enforce their own dust ical evidence and use that to draw our Mr. GARDNER. I yield to the gen- regulations in a way that makes sense conclusions as to whether this bill cre- tleman. for local conditions, including on jobs ates or saves jobs. Mr. AL GREEN of Texas. In my city and the economy. I yield to the gentleman. we have a rock-crushing company. It We don’t need to spend money on a Mr. GARDNER. I thank the gen- yields dust, particulate matter. That is study to know that avoiding overregu- tleman. something that is a concern to rural lation will benefit the economy. Avoid- The empirical evidence that I go on people as well. ing overregulation will benefit the comes from the groups in Colorado Mr. GARDNER. Reclaiming my time, economy. Regulations—1.5 jobs for that know this issue the best—the the gentleman will recognize that every $1 million. That’s the kind of farmers and ranchers that I represent. State, local, and tribal governments math that my constituents, many con- Here’s just a listing of a few of the or- will be able to enforce their own dust stituents across this country, simply ganizations that support this bill as it regulations according to local condi- don’t understand. stands. tions. So I understand where you’re I reserve the balance of my time. Mr. AL GREEN of Texas. Reclaiming coming from. I would just oppose this Mr. AL GREEN of Texas. Mr. Chair- my time, because supporting some- amendment. I believe that we need to man, how much time do I have? thing is not empirical evidence as to get on to the underlying bill and adopt The CHAIR. The gentleman has 21⁄2 whether or not it will do a certain the underlying bill so that we can minutes remaining. thing. I respect all who are supporting move forward, creating jobs, making Mr. AL GREEN of Texas. Thank you. it. sure that we’re not killing jobs, and do It is an opinion, well stated, and I ap- By the way, I don’t disrespect you. I what’s right for this country when it preciate the opinion that has been well believe your heart is in the right place. comes to our economy.

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19260 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 I yield back the balance of my time. Larson (CT) Pascrell Scott, David Rooney Shimkus Upton The CHAIR. The question is on the Lee (CA) Pastor (AZ) Serrano Ros-Lehtinen Shuler Walberg Levin Payne Sherman Roskam Shuster Walden amendment offered by the gentleman Lewis (GA) Pelosi Sires Ross (AR) Simpson Walsh (IL) from Texas (Mr. AL GREEN). Lipinski Perlmutter Slaughter Ross (FL) Smith (NE) Walz (MN) The question was taken; and the Lofgren, Zoe Peters Speier Royce Smith (NJ) Webster Runyan Smith (TX) Chair announced that the noes ap- Lowey Pingree (ME) Stark West Luja´ n Polis Sutton Ryan (WI) Southerland Westmoreland Scalise Stearns peared to have it. Lynch Price (NC) Thompson (CA) Whitfield Schilling Stivers Mr. AL GREEN of Texas. I demand a Maloney Quigley Thompson (MS) Wilson (SC) Markey Rangel Tierney Schmidt Stutzman recorded vote. Wittman Matsui Reyes Tonko Schock Sullivan Wolf The CHAIR. Pursuant to clause 6 of McCarthy (NY) Richardson Towns Schrader Terry Womack rule XVIII, further proceedings on the McCollum Richmond Tsongas Schweikert Thompson (PA) Woodall amendment offered by the gentleman McDermott Rothman (NJ) Van Hollen Scott (SC) Thornberry Scott, Austin Tiberi Yoder from Texas will be postponed. McGovern Roybal-Allard Vela´ zquez McNerney Ruppersberger Visclosky Sensenbrenner Tipton Young (AK) ANNOUNCEMENT BY THE CHAIR Meeks Rush Wasserman Sessions Turner (NY) Young (FL) The CHAIR. Pursuant to clause 6 of Michaud Sa´ nchez, Linda Schultz Sewell Turner (OH) Young (IN) Miller (NC) T. Waters NOT VOTING—28 rule XVIII, proceedings will now re- Moore Sanchez, Loretta Watt sume on those amendments printed in Moran Sarbanes Waxman Bachmann Fudge Neugebauer House Report 112–317 on which further Murphy (CT) Schakowsky Welch Becerra Giffords Nugent proceedings were postponed, in the fol- Napolitano Schiff Wilson (FL) Bilirakis Granger Olver Neal Schwartz Woolsey Campbell Hinchey Owens lowing order: Pallone Scott (VA) Yarmuth Castor (FL) Jackson (IL) Paul Amendment No. 1 by Mr. RUSH of Illi- Coble Labrador Rahall nois. NOES—255 Davis (IL) McKeon Ryan (OH) Diaz-Balart Miller, George Smith (WA) Amendment No. 2 by Mrs. Adams Duncan (TN) Lance Dold Myrick CHRISTENSEN of the Virgin Islands. Aderholt Ellmers Landry Engel Nadler Amendment No. 4 by Mr. MARKEY of Akin Emerson Lankford Alexander Farenthold Latham Massachusetts. Altmire Fincher LaTourette b 1351 Amendment No. 5 by Mr. WAXMAN of Amash Fitzpatrick Latta Messrs. SCHWEIKERT, ALTMIRE, California. Amodei Flake Lewis (CA) Austria Fleischmann LoBiondo GRIFFIN of Arkansas and SULLIVAN L REEN Amendment No. 8 by Mr. A G Bachus Fleming Loebsack changed their vote from ‘‘aye’’ to ‘‘no.’’ of Texas. Barletta Flores Long Mr. GRIJALVA and Ms. SPEIER The Chair will reduce to 2 minutes Barrow Forbes Lucas changed their vote from ‘‘no’’ to ‘‘aye.’’ the minimum time for any electronic Bartlett Fortenberry Luetkemeyer Barton (TX) Foxx Lummis So the amendment was rejected. vote after the first vote in this series. Bass (NH) Franks (AZ) Lungren, Daniel The result of the vote was announced AMENDMENT NO. 1 OFFERED BY MR. RUSH Benishek Frelinghuysen E. as above recorded. Berg Gallegly Mack The CHAIR. The unfinished business Biggert Gardner Manzullo Stated for: is the demand for a recorded vote on Bilbray Garrett Marchant Mr. BECERRA. Mr. Chair, earlier today I the amendment offered by the gen- Bishop (GA) Gerlach Marino was unavoidably detained and missed rollcall tleman from Illinois (Mr. RUSH) on Bishop (UT) Gibbs Matheson Black Gibson McCarthy (CA) vote 906. If present, I would have voted ‘‘aye’’ which further proceedings were post- Blackburn Gingrey (GA) McCaul on rollcall vote 906. poned and on which the noes prevailed Bonner Gohmert McClintock Stated against: by voice vote. Bono Mack Goodlatte McCotter Mr. DOLD. Mr. Chair, on rollcall No. 906 I Boren Gosar McHenry The Clerk will redesignate the Boswell Gowdy McIntyre was unavoidably detained. Had I been amendment. Boustany Graves (GA) McKinley present, I would have voted ‘‘no.’’ Brady (TX) Graves (MO) McMorris The Clerk redesignated the amend- AMENDMENT NO. 2 OFFERED BY MRS. ment. Braley (IA) Griffin (AR) Rodgers Brooks Griffith (VA) Meehan CHRISTENSEN RECORDED VOTE Broun (GA) Grimm Mica The CHAIR. The unfinished business The CHAIR. A recorded vote has been Buchanan Guinta Miller (FL) is the demand for a recorded vote on Bucshon Guthrie Miller (MI) demanded. Buerkle Hall Miller, Gary the amendment offered by the gentle- A recorded vote was ordered. Burgess Hanna Mulvaney woman from the Virgin Islands (Mrs. The vote was taken by electronic de- Burton (IN) Harper Murphy (PA) CHRISTENSEN) on which further pro- vice, and there were—ayes 150, noes 255, Calvert Harris Noem ceedings were postponed and on which Camp Hartzler Nunes not voting 28, as follows: Canseco Hastings (WA) Nunnelee the noes prevailed by voice vote. [Roll No. 906] Cantor Hayworth Olson The Clerk will redesignate the Capito Heck Palazzo amendment. AYES—150 Cardoza Hensarling Paulsen Ackerman Connolly (VA) Grijalva Carter Herger Pearce The Clerk redesignated the amend- Andrews Conyers Gutierrez Cassidy Herrera Beutler Pence ment. Baca Courtney Hahn Chabot Hochul Peterson RECORDED VOTE Baldwin Crowley Hanabusa Chaffetz Holden Petri Bass (CA) Cummings Hastings (FL) Chandler Huelskamp Pitts The CHAIR. A recorded vote has been Berkley Davis (CA) Heinrich Coffman (CO) Huizenga (MI) Platts demanded. Berman DeFazio Higgins Cole Hultgren Poe (TX) A recorded vote was ordered. Bishop (NY) DeGette Himes Conaway Hunter Pompeo Blumenauer DeLauro Hinojosa Cooper Hurt Posey The CHAIR. This will be a 2-minute Brady (PA) Deutch Hirono Costa Issa Price (GA) vote. Brown (FL) Dicks Holt Costello Jenkins Quayle The vote was taken by electronic de- Butterfield Dingell Honda Cravaack Johnson (IL) Reed vice, and there were—ayes 159, noes 250, Capps Doggett Hoyer Crawford Johnson (OH) Rehberg Capuano Doyle Inslee Crenshaw Johnson, Sam Reichert not voting 24, as follows: Carnahan Edwards Israel Critz Jones Renacci [Roll No. 907] Carney Ellison Jackson Lee Cuellar Jordan Ribble Carson (IN) Eshoo (TX) Culberson Kelly Rigell AYES—159 Chu Farr Johnson (GA) Davis (KY) Kind Rivera Ackerman Bishop (NY) Carnahan Cicilline Fattah Johnson, E. B. Denham King (IA) Roby Andrews Blumenauer Carney Clarke (MI) Filner Kaptur Dent King (NY) Roe (TN) Baca Brady (PA) Carson (IN) Clarke (NY) Frank (MA) Keating DesJarlais Kingston Rogers (AL) Baldwin Braley (IA) Chu Clay Garamendi Kildee Donnelly (IN) Kinzinger (IL) Rogers (KY) Bass (CA) Brown (FL) Cicilline Cleaver Gonzalez Kucinich Dreier Kissell Rogers (MI) Becerra Butterfield Clarke (MI) Clyburn Green, Al Langevin Duffy Kline Rohrabacher Berkley Capps Clarke (NY) Cohen Green, Gene Larsen (WA) Duncan (SC) Lamborn Rokita Berman Capuano Clay

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.000 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19261 Cleaver Jackson Lee Price (NC) Lungren, Daniel Pompeo Shimkus Carson (IN) Honda Polis Clyburn (TX) Quigley E. Posey Shuler Chandler Hoyer Price (NC) Cohen Johnson (GA) Rangel Mack Price (GA) Shuster Chu Inslee Quigley Connolly (VA) Johnson, E. B. Reyes Manzullo Quayle Simpson Cicilline Israel Rangel Conyers Kaptur Richmond Marchant Reed Smith (NE) Clarke (MI) Jackson Lee Reichert Cooper Keating Rothman (NJ) Marino Rehberg Smith (NJ) Clarke (NY) (TX) Reyes Courtney Kildee Roybal-Allard Matheson Reichert Smith (TX) Clay Johnson (GA) Richardson Crowley Kind Ruppersberger McCarthy (CA) Renacci Southerland Cleaver Johnson, E. B. Richmond McCaul Ribble Cummings Kucinich Rush Stearns Clyburn Kaptur Rothman (NJ) McClintock Richardson Davis (CA) Langevin Ryan (OH) Stivers Cohen Keating Roybal-Allard DeFazio Larsen (WA) Sa´ nchez, Linda McCotter Rigell Connolly (VA) Kildee Ruppersberger Stutzman DeGette Larson (CT) T. McHenry Rivera Conyers Kind Rush Sullivan DeLauro Lee (CA) Sanchez, Loretta McIntyre Roby Cooper Kucinich Ryan (OH) Terry Deutch Levin Sarbanes McKeon Roe (TN) Costello Langevin Sa´ nchez, Linda Thornberry Dicks Lewis (GA) Schakowsky McKinley Rogers (AL) Courtney Larsen (WA) T. Dingell Lipinski Schiff McMorris Rogers (KY) Tiberi Crowley Larson (CT) Sanchez, Loretta Doggett Loebsack Schwartz Rodgers Rogers (MI) Tipton Cuellar Lee (CA) Sarbanes Doyle Lofgren, Zoe Scott (VA) Meehan Rohrabacher Turner (NY) Cummings Levin Schakowsky Edwards Lowey Scott, David Mica Rokita Turner (OH) Davis (CA) Lewis (GA) Schiff Ellison Luja´ n Serrano Miller (FL) Rooney Upton DeFazio Lipinski Schrader Engel Lynch Sherman Miller (MI) Ros-Lehtinen Walberg DeGette Loebsack Schwartz Eshoo Maloney Sires Miller, Gary Roskam Walden DeLauro Lofgren, Zoe Scott (VA) Farr Markey Slaughter Mulvaney Ross (AR) Walsh (IL) Deutch Lowey Scott, David Fattah Matsui Smith (WA) Murphy (PA) Ross (FL) Walz (MN) Dicks Luja´ n Serrano Filner McCarthy (NY) Speier Noem Royce Webster Dingell Lynch Sherman Frank (MA) McCollum Stark Nugent Runyan West Doggett Maloney Shuler Nunes Garamendi McDermott Sutton Ryan (WI) Westmoreland Doyle Markey Sires Nunnelee Scalise Gonzalez McGovern Thompson (CA) Whitfield Edwards Matsui Slaughter Olson Schilling Green, Al McNerney Thompson (MS) Wilson (SC) Ellison McCarthy (NY) Smith (WA) Palazzo Schmidt Green, Gene Meeks Thompson (PA) Wittman Engel McCollum Speier Grijalva Michaud Tierney Paulsen Schock Eshoo McDermott Stark Pearce Schrader Wolf Gutierrez Miller (NC) Tonko Womack Farr McGovern Sutton Hahn Moore Towns Pence Schweikert Fattah McNerney Thompson (CA) Woodall Hanabusa Moran Tsongas Peterson Scott (SC) Filner Meeks Thompson (MS) Yoder Hastings (FL) Murphy (CT) Van Hollen Petri Scott, Austin Frank (MA) Michaud Tierney Young (AK) Heinrich Napolitano Vela´ zquez Pitts Sensenbrenner Garamendi Miller (NC) Tonko Higgins Neal Visclosky Platts Sessions Young (FL) Gonzalez Moore Towns Himes Pallone Wasserman Poe (TX) Sewell Young (IN) Green, Al Moran Tsongas Hinojosa Pascrell Schultz NOT VOTING—24 Green, Gene Murphy (CT) Van Hollen Hirono Pastor (AZ) Waters Grijalva Napolitano Vela´ zquez Hochul Payne Watt Amodei Forbes Miller, George Gutierrez Neal Visclosky Holt Pelosi Waxman Bachmann Franks (AZ) Myrick Hahn Owens Wasserman Honda Perlmutter Welch Campbell Fudge Nadler Hanabusa Pallone Schultz Hoyer Peters Wilson (FL) Cardoza Giffords Neugebauer Hastings (FL) Pascrell Waters Inslee Pingree (ME) Woolsey Castor (FL) Gingrey (GA) Olver Heinrich Pastor (AZ) Watt Israel Polis Yarmuth Coble Hinchey Owens Higgins Payne Waxman Davis (IL) Jackson (IL) Paul Himes Pelosi Welch NOES—250 Diaz-Balart LaTourette Rahall Hinojosa Perlmutter Wilson (FL) Hochul Peters Woolsey ANNOUNCEMENT BY THE CHAIR Adams Conaway Guinta Holt Pingree (ME) Yarmuth Aderholt Costa Guthrie The CHAIR (during the vote). There Akin Costello Hall is 1 minute remaining. NOES—249 Alexander Cravaack Hanna Altmire Crawford Harper Adams Chabot Goodlatte Amash Crenshaw Harris b 1355 Aderholt Chaffetz Gosar Austria Critz Hartzler So the amendment was rejected. Akin Coffman (CO) Gowdy Bachus Cuellar Hastings (WA) Alexander Cole Granger Barletta Culberson Hayworth The result of the vote was announced Altmire Conaway Graves (GA) Barrow Davis (KY) Heck as above recorded. Amash Costa Graves (MO) Bartlett Denham Amodei Cravaack Griffin (AR) Hensarling AMENDMENT NO. 4 OFFERED BY MR. MARKEY Barton (TX) Dent Herger Austria Crawford Griffith (VA) Bass (NH) DesJarlais Herrera Beutler The CHAIR. The unfinished business Bachus Crenshaw Grimm Benishek Dold Holden is the demand for a recorded vote on Barletta Critz Guinta Berg Donnelly (IN) Huelskamp Barrow Culberson Guthrie Biggert Dreier the amendment offered by the gen- Bartlett Davis (KY) Huizenga (MI) Hall Bilbray Duffy tleman from Massachusetts (Mr. MAR- Barton (TX) Denham Hanna Hultgren Bilirakis Duncan (SC) Bass (NH) Dent Harper Hunter KEY) on which further proceedings were Bishop (GA) Duncan (TN) Benishek DesJarlais Harris Hurt postponed and on which the noes pre- Bishop (UT) Ellmers Berg Dold Hartzler Issa Black Emerson vailed by voice vote. Biggert Donnelly (IN) Hastings (WA) Jenkins Blackburn Farenthold The Clerk will redesignate the Bilbray Dreier Hayworth Johnson (IL) Bonner Fincher amendment. Bilirakis Duffy Heck Bono Mack Fitzpatrick Johnson (OH) Bishop (GA) Duncan (SC) Hensarling Boren Flake Johnson, Sam The Clerk redesignated the amend- Bishop (UT) Duncan (TN) Herger Boswell Fleischmann Jones ment. Black Ellmers Herrera Beutler Jordan Boustany Fleming RECORDED VOTE Blackburn Emerson Holden Brady (TX) Flores Kelly Bonner Farenthold Huelskamp Brooks Fortenberry King (IA) The CHAIR. A recorded vote has been Bono Mack Fincher Huizenga (MI) Broun (GA) Foxx King (NY) demanded. Boren Fitzpatrick Hultgren Buchanan Frelinghuysen Kingston A recorded vote was ordered. Boswell Flake Hunter Bucshon Gallegly Kinzinger (IL) Brady (TX) Fleischmann Hurt Buerkle Gardner Kissell The CHAIR. This will be a 2-minute Brooks Fleming Issa Burgess Garrett Kline vote. Broun (GA) Flores Jenkins Burton (IN) Gerlach Labrador The vote was taken by electronic de- Buchanan Forbes Johnson (IL) Calvert Gibbs Lamborn vice, and there were—ayes 165, noes 249, Bucshon Fortenberry Johnson (OH) Camp Gibson Lance Buerkle Foxx Johnson, Sam Canseco Gohmert Landry not voting 19, as follows: Burgess Franks (AZ) Jones Cantor Goodlatte Lankford [Roll No. 908] Burton (IN) Frelinghuysen Jordan Capito Gosar Latham Calvert Gallegly Kelly Carter Gowdy Latta AYES—165 Camp Gardner King (IA) Cassidy Granger Lewis (CA) Ackerman Berkley Brown (FL) Canseco Garrett King (NY) Chabot Graves (GA) LoBiondo Andrews Berman Butterfield Cantor Gerlach Kingston Chaffetz Graves (MO) Long Baca Bishop (NY) Capps Capito Gibbs Kinzinger (IL) Chandler Griffin (AR) Lucas Baldwin Blumenauer Capuano Cardoza Gibson Kissell Coffman (CO) Griffith (VA) Luetkemeyer Bass (CA) Brady (PA) Carnahan Carter Gingrey (GA) Kline Cole Grimm Lummis Becerra Braley (IA) Carney Cassidy Gohmert Labrador

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19262 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 Lamborn Olson Scott, Austin [Roll No. 909] Herger McKeon Runyan Lance Palazzo Sensenbrenner Herrera Beutler McKinley Ryan (WI) Landry Paulsen Sessions AYES—158 Hochul McMorris Scalise Lankford Pearce Sewell Ackerman Grijalva Payne Holden Rodgers Schilling Latham Pence Huelskamp Meehan Shimkus Andrews Gutierrez Pelosi Schmidt LaTourette Peterson Huizenga (MI) Mica Shuster Baca Hahn Peters Schock Latta Petri Hultgren Miller (FL) Simpson Baldwin Hanabusa Pingree (ME) Schweikert Lewis (CA) Pitts Smith (NE) Bass (CA) Hanna Hunter Miller (MI) Scott (SC) LoBiondo Platts Polis Smith (NJ) Becerra Hastings (FL) Hurt Miller, Gary Scott, Austin Long Poe (TX) Price (NC) Smith (TX) Berkley Heinrich Issa Mulvaney Sensenbrenner Lucas Pompeo Quigley Jenkins Murphy (PA) Southerland Berman Higgins Sessions Luetkemeyer Posey Rangel Johnson (IL) Neugebauer Stearns Bishop (NY) Himes Sewell Lummis Price (GA) Reichert Johnson (OH) Noem Stivers Brady (PA) Hinojosa Shimkus Lungren, Daniel Quayle Reyes Johnson, Sam Nugent Stutzman Braley (IA) Hirono Shuler E. Reed Richardson Sullivan Brown (FL) Holt Jones Nunes Mack Rehberg Richmond Shuster Terry Butterfield Honda Jordan Nunnelee Manzullo Renacci Rothman (NJ) Kelly Olson Simpson Thompson (PA) Capps Hoyer Marchant Ribble Roybal-Allard King (IA) Palazzo Smith (NE) Thornberry Capuano Inslee Marino Rigell Ruppersberger King (NY) Pastor (AZ) Smith (NJ) Tiberi Carnahan Israel Matheson Rivera Rush Kingston Paulsen Smith (TX) Tipton Carney Johnson (GA) McCarthy (CA) Roby Southerland Carson (IN) Johnson, E. B. Ryan (OH) Kinzinger (IL) Pearce McCaul Roe (TN) Turner (NY) Stearns Chu Kaptur Sa´ nchez, Linda Kissell Pence McClintock Rogers (AL) Turner (OH) Stivers Cicilline Keating T. Kline Perlmutter McCotter Rogers (KY) Upton Stutzman Clarke (MI) Kildee Sanchez, Loretta Labrador Peterson McHenry Rogers (MI) Walberg Sullivan Clarke (NY) Kind Sarbanes Lamborn Petri McIntyre Rohrabacher Walden Clay Kucinich Schakowsky Lance Pitts Terry McKeon Rokita Walsh (IL) Cleaver Langevin Schiff Landry Platts Thompson (PA) McKinley Rooney Walz (MN) Clyburn Larsen (WA) Schrader Lankford Poe (TX) Thornberry McMorris Ros-Lehtinen Webster Cohen Larson (CT) Schwartz Latham Pompeo Tiberi Rodgers Roskam West LaTourette Posey Connolly (VA) Lee (CA) Scott (VA) Tipton Meehan Ross (AR) Westmoreland Latta Price (GA) Conyers Levin Scott, David Turner (NY) Mica Ross (FL) Whitfield Lewis (CA) Quayle Cooper Lewis (GA) Serrano Turner (OH) Miller (MI) Royce Wilson (SC) Courtney Lipinski LoBiondo Reed Upton Miller, Gary Runyan Wittman Sherman Crowley Lofgren, Zoe Loebsack Rehberg Walberg Mulvaney Ryan (WI) Wolf Sires Cuellar Lowey Long Renacci Walden Murphy (PA) Scalise Womack Slaughter Lucas Ribble Cummings Luja´ n Walsh (IL) Neugebauer Schilling Woodall Smith (WA) Luetkemeyer Rigell Davis (CA) Lynch Walz (MN) Noem Schmidt Yoder Speier Lummis Rivera DeFazio Maloney Webster Nugent Schock Young (AK) Stark DeGette Markey Lungren, Daniel Roby Nunes Schweikert Young (FL) Sutton West DeLauro Matsui E. Roe (TN) Nunnelee Scott (SC) Young (IN) Thompson (CA) Westmoreland Deutch McCarthy (NY) Mack Rogers (AL) Thompson (MS) Whitfield Dicks McCollum Manzullo Rogers (KY) NOT VOTING—19 Tonko Marchant Rogers (MI) Wilson (SC) Dingell McDermott Wittman Bachmann Fudge Myrick Towns Marino Rohrabacher Doggett McGovern Wolf Boustany Giffords Nadler Doyle McNerney Tsongas Matheson Rokita McCarthy (CA) Rooney Womack Campbell Hinchey Olver Edwards Meeks Van Hollen Woodall Castor (FL) Hirono Ellison Michaud Vela´ zquez McCaul Ros-Lehtinen Paul Yoder Coble Jackson (IL) Engel Miller (NC) Visclosky McClintock Roskam Rahall Young (AK) Davis (IL) Miller (FL) Eshoo Moore Wasserman McCotter Ross (AR) Young (FL) Diaz-Balart Miller, George Farr Moran Schultz McHenry Ross (FL) Fattah Murphy (CT) Waters McIntyre Royce Young (IN) ANNOUNCEMENT BY THE CHAIR Filner Napolitano Watt NOT VOTING—18 The CHAIR (during the vote). There Frank (MA) Neal Waxman Garamendi Olver Welch Bachmann Garrett Myrick is 1 minute remaining. Gonzalez Owens Wilson (FL) Campbell Giffords Nadler Green, Al Pallone Woolsey Castor (FL) Hinchey Paul Green, Gene Pascrell Yarmuth Coble Jackson (IL) Rahall b 1358 Davis (IL) Jackson Lee Tierney NOES—257 Diaz-Balart (TX) So the amendment was rejected. Fudge Miller, George The result of the vote was announced Adams Burton (IN) Fitzpatrick Aderholt Calvert Flake ANNOUNCEMENT BY THE CHAIR as above recorded. Akin Camp Fleischmann The CHAIR (during the vote). There Stated against: Alexander Canseco Fleming is 1 minute remaining. Mr. MILLER of Florida. Mr. Chair, on rollcall Altmire Cantor Flores Amash Capito Forbes b 1402 No. 908, had I been present, I would have Amodei Cardoza Fortenberry voted ‘‘no.’’ Austria Carter Foxx So the amendment was rejected. Bachus Cassidy Franks (AZ) The result of the vote was announced AMENDMENT NO. 5 OFFERED BY MR. WAXMAN Barletta Chabot Frelinghuysen as above recorded. The CHAIR. The unfinished business Barrow Chaffetz Gallegly Bartlett Chandler Gardner Stated for: is the demand for a recorded vote on Barton (TX) Coffman (CO) Gerlach Ms. JACKSON LEE of Texas. Mr. Chair, on the amendment offered by the gen- Bass (NH) Cole Gibbs rollcall No. 909 which is on the Waxman tleman from California (Mr. WAXMAN) Benishek Conaway Gibson Amendment to the bill H.R. 1633, I was de- on which further proceedings were Berg Costa Gingrey (GA) Biggert Costello Gohmert tained with official matters pertaining to my of- postponed and on which the ayes pre- Bilbray Cravaack Goodlatte fice and failed to make the vote. Had I been vailed by voice vote. Bilirakis Crawford Gosar present, I would have voted ‘‘aye.’’ Bishop (GA) Crenshaw Gowdy The Clerk will redesignate the Bishop (UT) Critz Granger AMENDMENT NO. 8 OFFERED BY MR. AL GREEN amendment. Black Culberson Graves (GA) OF TEXAS The Clerk redesignated the amend- Blackburn Davis (KY) Graves (MO) The CHAIR. The unfinished business Blumenauer Denham Griffin (AR) is the demand for a recorded vote on ment. Bonner Dent Griffith (VA) RECORDED VOTE Bono Mack DesJarlais Grimm the amendment offered by the gen- Boren Dold Guinta tleman from Texas (Mr. AL GREEN) on The CHAIR. A recorded vote has been Boswell Donnelly (IN) Guthrie which further proceedings were post- demanded. Boustany Dreier Hall poned and on which the noes prevailed A recorded vote was ordered. Brady (TX) Duffy Harper Brooks Duncan (SC) Harris by voice vote. The CHAIR. This is a 2-minute vote. Broun (GA) Duncan (TN) Hartzler The Clerk will redesignate the The vote was taken by electronic de- Buchanan Ellmers Hastings (WA) amendment. Bucshon Emerson Hayworth vice, and there were—ayes 158, noes 257, Buerkle Farenthold Heck The Clerk redesignated the amend- not voting 18, as follows: Burgess Fincher Hensarling ment.

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19263 RECORDED VOTE Farenthold Lance Rivera (H.R. 1633) to establish a temporary Fincher Landry Roby The CHAIR. A recorded vote has been Flake Lankford Roe (TN) prohibition against revising any na- demanded. Fleischmann Latham Rogers (AL) tional ambient air quality standard ap- A recorded vote was ordered. Fleming LaTourette Rogers (KY) plicable to coarse particulate matter, Flores Latta Rogers (MI) to limit Federal regulation of nuisance The CHAIR. This is a 2-minute vote. Forbes Lewis (CA) Rohrabacher The vote was taken by electronic de- Fortenberry Loebsack Rokita dust in areas in which such dust is reg- vice, and there were—ayes 170, noes 247, Foxx Long Rooney ulated under State, tribal, or local law, not voting 16, as follows: Franks (AZ) Lucas Ros-Lehtinen and for other purposes, and, pursuant Frelinghuysen Luetkemeyer Roskam [Roll No. 910] Gallegly Lummis Ross (AR) to House Resolution 487, reported the bill back to the House with an amend- AYES—170 Gardner Lungren, Daniel Ross (FL) Garrett E. Royce ment adopted in the Committee of the Ackerman Gonzalez Pascrell Gibbs Mack Runyan Whole. Andrews Green, Al Pastor (AZ) Gingrey (GA) Manzullo Ryan (WI) Baca Green, Gene Payne Gohmert Marchant Scalise The SPEAKER pro tempore. Under Baldwin Grijalva Pelosi Goodlatte Marino Schilling the rule, the previous question is or- Barrow Gutierrez Perlmutter Gosar Matheson Schmidt dered. Bass (CA) Hahn Peters Gowdy McCarthy (CA) Schock Is a separate vote demanded on any Becerra Hanabusa Pingree (ME) Granger McCaul Schrader Berkley Hanna Polis Graves (GA) McClintock Schweikert amendment to the amendment re- Berman Hastings (FL) Price (NC) Graves (MO) McCotter Scott (SC) ported from the Committee of the Bishop (GA) Heinrich Quigley Griffin (AR) McHenry Scott, Austin Whole? Bishop (NY) Higgins Rangel Griffith (VA) McIntyre Sensenbrenner If not, the question is on the com- Blumenauer Himes Renacci Grimm McKeon Sessions Brady (PA) Hinojosa Reyes Guinta McKinley Shimkus mittee amendment in the nature of a Braley (IA) Hirono Richardson Guthrie McMorris Shuster substitute, as amended. Brown (FL) Hochul Richmond Hall Rodgers Simpson Butterfield Holt The amendment was agreed to. Rothman (NJ) Harper Meehan Smith (NE) Capps Honda The SPEAKER pro tempore. The Roybal-Allard Harris Mica Smith (NJ) Capuano Hoyer Ruppersberger Hartzler Miller (FL) Smith (TX) question is on the engrossment and Cardoza Inslee Rush Hastings (WA) Miller (MI) Southerland third reading of the bill. Carnahan Israel Ryan (OH) Hayworth Miller, Gary Stearns Carney Jackson Lee The bill was ordered to be engrossed Sa´ nchez, Linda Heck Mulvaney Stivers Carson (IN) (TX) and read a third time, and was read the T. Hensarling Murphy (PA) Stutzman Chu Johnson (GA) Sanchez, Loretta Herger Neugebauer Sullivan third time. Cicilline Johnson, E. B. Sarbanes Herrera Beutler Noem Terry Clarke (MI) Kaptur MOTION TO RECOMMIT Schakowsky Holden Nugent Thompson (PA) Clarke (NY) Keating Huelskamp Nunes Thornberry Ms. DEGETTE. Mr. Speaker, I have a Clay Kildee Schiff Schwartz Huizenga (MI) Nunnelee Tiberi motion to recommit at the desk. Cleaver Kucinich Hultgren Scott (VA) Olson Tipton The SPEAKER pro tempore. Is the Clyburn Langevin Hunter Owens Turner (NY) Scott, David Cohen Larsen (WA) Hurt Palazzo Turner (OH) gentlewoman opposed to the bill? Serrano Conyers Larson (CT) Issa Paulsen Upton Ms. DEGETTE. Yes, sir, most defi- Sewell Costello Lee (CA) Jenkins Pearce Walberg Sherman nitely I am. Courtney Levin Johnson (IL) Pence Walden Shuler The SPEAKER pro tempore. The Crowley Lewis (GA) Johnson (OH) Peterson Walsh (IL) Sires Cuellar Lipinski Johnson, Sam Petri Webster Clerk will report the motion to recom- Slaughter Cummings LoBiondo Jones Pitts West mit. Smith (WA) Davis (CA) Lofgren, Zoe Jordan Platts Westmoreland Stark The Clerk read as follows: DeFazio Lowey Kelly Poe (TX) Whitfield Sutton DeGette Luja´ n Kind Pompeo Wilson (SC) Ms. DeGette moves to recommit the bill DeLauro Lynch Thompson (CA) King (IA) Posey Wittman H.R. 1633 to the Committee on Energy and Dent Maloney Thompson (MS) King (NY) Price (GA) Wolf Commerce with instructions to report the Deutch Markey Tierney Kingston Quayle Womack same back to the House forthwith, with the Dicks Matsui Tonko Kinzinger (IL) Reed Woodall following amendment: Towns Doggett McCarthy (NY) Kissell Rehberg Yoder At the end of the bill, add the following Donnelly (IN) McCollum Tsongas Kline Reichert Young (AK) section: Doyle McDermott Van Hollen Labrador Ribble Young (FL) Edwards McGovern Vela´ zquez Lamborn Rigell Young (IN) SEC. 4. PROTECTING THE PUBLIC FROM TOXIC Ellison McNerney Visclosky DUST THAT CAUSES CANCER AND Engel Meeks Walz (MN) NOT VOTING—16 BRAIN DAMAGE. Eshoo Michaud Wasserman Bachmann Fudge Nadler Nothing in this Act or the amendment Farr Miller (NC) Schultz Campbell Giffords Paul made by this Act shall prohibit the Adminis- Waters Fattah Moore Castor (FL) Hinchey Rahall trator of the Environmental Protection Filner Moran Watt Coble Jackson (IL) Speier Agency from proposing, finalizing, imple- Fitzpatrick Murphy (CT) Waxman Davis (IL) Miller, George menting, or enforcing any regulation pro- Frank (MA) Napolitano Welch Diaz-Balart Myrick Garamendi Neal Wilson (FL) mulgated under the Clean Air Act (42 U.S.C. Gerlach Olver Woolsey ANNOUNCEMENT BY THE CHAIR 7401 et seq.) relating to emissions in particu- Gibson Pallone Yarmuth The CHAIR (during the vote). There late form of cadmium, lead, or asbestos, including vermiculite asbestos released from NOES—247 is 1 minute remaining. mining activities and asbestos released from Adams Bono Mack Coffman (CO) b 1405 demolition and renovation activities. Aderholt Boren Cole Akin Boswell Conaway So the amendment was rejected. The SPEAKER pro tempore. The gen- Alexander Boustany Connolly (VA) The result of the vote was announced tlewoman from Colorado is recognized Altmire Brady (TX) Cooper as above recorded. for 5 minutes. Amash Brooks Costa Amodei Broun (GA) Cravaack The CHAIR. The question is on the Ms. DEGETTE. Thank you, Mr. Austria Buchanan Crawford committee amendment in the nature of Speaker. Bachus Bucshon Crenshaw a substitute, as amended. Really? Really, Mr. Speaker? Barletta Buerkle Critz The amendment was agreed to. With 1 week left in the legislative Bartlett Burgess Culberson Barton (TX) Burton (IN) Davis (KY) The CHAIR. Under the rule, the Com- session, we’ve spent an entire day de- Bass (NH) Calvert Denham mittee rises. bating about a bill that does not ad- Benishek Camp DesJarlais Accordingly, the Committee rose; dress an existing problem; and with the Berg Canseco Dingell Biggert Cantor Dold and the Speaker pro tempore (Mr. continuing resolution expiring 1 week Bilbray Capito Dreier WOODALL) having assumed the chair, from tomorrow, we’re not working on Bilirakis Carter Duffy Mr. WOMACK, Chair of the Committee an appropriations bill to keep our gov- Bishop (UT) Cassidy Duncan (SC) of the Whole House on the state of the ernment operating? We’re not here Black Chabot Duncan (TN) Blackburn Chaffetz Ellmers Union, reported that that Committee, today voting on an extenders bill that Bonner Chandler Emerson having had under consideration the bill would extend the payroll tax cut for

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19264 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 middle Americans just as the economy significant ongoing threats to public ting and other requirements; Super- begins to recover? health. There remain significantly fund reporting requirements; and regu- Really? higher rates of asbestos-related disease lations for disclosure, permitting and We’re not voting on extending unem- in Libby compared with the national other regulatory requirements related ployment benefits to help struggling average. to the use of pesticides. families stay afloat while they con- Too bad the managers of the mine There are 2.2 million farms in Amer- tinue to look for work? told their workers that the dust they ica. There are 1.8 million people em- Really, Mr. Speaker? inhaled daily was just ‘‘nuisance dust’’ ployed by those farms. Those farms And once again, we’re not doing one and would have no permanent effects. provide 5 percent of the exports from thing today to put Americans back to H.R. 1633 would also exempt lead and America, and they provide $154 billion work? cadmium particulate emissions from to our economy. Unfortunately, as ridiculous as to- the Clean Air Act. Because lead and This legislation that we have on the day’s effort has been, the consequences cadmium are natural materials, activi- floor today has the support of 120 of the bill are no laughing matter. The ties involving lead and cadmium, such Democrats and Republicans, and we truth is the EPA does not currently as cement kilns and smelters, are typ- have over 197 organizations rep- regulate farm dust. This bill would pre- ical in rural areas; and activities at ce- resenting rural America that support vent a regulation that doesn’t actually ment kilns and smelters produce lead this legislation. The bill is very simple. exist from overseeing something unde- and cadmium without combustion. It does not change any of the existing fined. Sounds safe; right? EPA regulations. It just says that the Unfortunately, cadmium is a known EPA cannot change its PM10 standard b 1410 human carcinogen. Exposure to cad- for coarse material earlier than 1 year Also, EPA Administrator Lisa Jack- mium may cause lung, kidney, pros- after the enactment of this legislation, son has said unequivocally that she tate, and bladder cancer. and it defines and exempts nuisance does not intend to regulate farm dust Lead is a potent neurotoxin. Infants dust. in the future. and young children are especially sen- So why do we need this bill? People But to add insult to injury, the con- sitive to even low levels of lead, which are saying that Lisa Jackson has said sequences of this proposed solution may contribute to behavioral problems she is not going to regulate PM10. could be devastating. The bill that like learning deficits and lower IQs. That is true. She has said that. Yet came out of the Energy and Commerce Is that what this distinguished body we know that many of the environ- Committee could be interpreted broad- really wants to do, actively take steps mental decisions in America today are ly to limit existing and future Clean to cause behavioral problems, learning made by people and groups and entities Air Act public health protections for deficiencies and lower IQs in our Na- that file lawsuits against the EPA. different pollutants. tion’s rural children? Every time that has happened recently, This final amendment that I offer Mr. Speaker, this entire session of the EPA has run and entered into a today offers us the chance to protect Congress has felt to many of us like a consent decree, and then it has paid our children and our grandchildren trip into Alice’s Wonderland. While our the legal fees for the entity that has from asbestos, lead, cadmium, and Nation struggles with a devastating brought the lawsuit, which is exactly other toxic air pollutants. I want to be economy, we do nothing about jobs or what we are afraid is going to happen clear: this is the final amendment to about getting Americans back to work. in this instance. In this way, we can the bill; and even though I’d like to, it Instead, we repeatedly fall down the pass this legislation and make certain will not kill the bill or send it back to rabbit hole of extreme legislation. that local governments, State govern- committee. If adopted, it would then be Now, with this so-called Farm Dust ments, and tribal governments will devoted on at final passage, as amended. Regulation Prevention Act, it seems cide this issue of nuisance dust. Now, Mr. Speaker, if we are going to that we’re even having tea with the Now, some people have said, Oh, my adopt this bill, we should make sure Cheshire Cat. God, this dust is so dangerous to one’s that we don’t inadvertently roll back To paraphrase our friend, the Chesh- health, and it includes all sorts of sub- EPA rules relating to toxic dust con- ire Cat: We’re all mad here. I’m mad. stances. I might remind everyone that one of taining cadmium, lead, and asbestos. You’re mad. You must be mad or you the authors of the EPA’s most recent This should be something all of us can wouldn’t have come here. Integrated Science Assessment for Par- agree on. Currently, the bill exempts Sadly, for the American people, H.R. ticulate Matter testified before our particulate matter from regulation 1633 simply underscores the madness of committee. He said, as to the long- under the Clean Air Act if it is natural this body right now. It’s a mad solution term effects of coarse particles, there material, commonly produced in rural to an imaginary problem. areas, and is not produced by combus- Vote ‘‘no.’’ is not one shred of evidence in support tion. Mr. WHITFIELD. Mr. Speaker, I of long-term health effects. This is a commonsense piece of legis- Asbestos is a natural material. Ac- claim time in opposition to the mo- lation. It protects jobs in America, and tivities involving asbestos are consid- tion. it protects our exports. So I would urge ered typical in rural areas, and asbes- The SPEAKER pro tempore. The gen- everyone to vote against the motion to tos emissions from mining and demoli- tleman from Kentucky is recognized tion do not involve combustion. Unfor- recommit. for 5 minutes. I yield back the balance of my time. tunately, asbestos is also a known car- Mr. WHITFIELD. American farmers, The SPEAKER pro tempore. Without cinogen. ranchers and other rural businesses, objection, the previous question is or- What would happen if we exempted like many other sectors of this econ- dered on the motion to recommit. asbestos from the Clean Air Act? omy, have faced an onslaught of EPA There was no objection. We already know. To see the realities regulations—regulations that are cost- The SPEAKER pro tempore. The of asbestos, a natural material, we ly and that make it more difficult to question is on the motion to recommit. could simply ask the rural families of create jobs in America at a time when The question was taken; and the Libby, Montana. America needs jobs. Speaker pro tempore announced that In 2009 the Environmental Protection The Congressional Research Service the noes appeared to have it. Agency declared a public health emer- recently reported that agriculture RECORDED VOTE gency in Libby after decades of asbes- alone has been facing new Clean Air Ms. DEGETTE. Mr. Speaker, I de- tos exposure from local mines. Even Act greenhouse gas standards; engine mand a recorded vote. though the vermiculite asbestos mine emission standards; National Ambient A recorded vote was ordered. closed in 1990, the EPA believes that Air Quality Standards for ozone and The SPEAKER pro tempore. Pursu- current conditions continue to present particulates; Clean Water Act permit- ant to clause 9 of rule XX, the Chair

VerDate Sep 11 2014 15:49 Jan 19, 2016 Jkt 059102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19265 will reduce to 5 minutes the minimum Fortenberry LaTourette Roe (TN) [Roll No. 912] time for any electronic vote on the Foxx Latta Rogers (AL) Franks (AZ) Lewis (CA) Rogers (KY) AYES—268 question of passage. Frelinghuysen LoBiondo Rogers (MI) Adams Gibson Nunes Gallegly Long The vote was taken by electronic de- Rohrabacher Aderholt Gingrey (GA) Nunnelee Gardner Lucas Rokita Akin Gohmert Olson vice, and there were—ayes 166, noes 252, Garrett Luetkemeyer Rooney Alexander Goodlatte Owens not voting 15, as follows: Gerlach Lummis Ros-Lehtinen Gibbs Lungren, Daniel Altmire Gosar Palazzo [Roll No. 911] Roskam Amash Gowdy Paulsen Gibson E. Ross (AR) AYES—166 Gingrey (GA) Mack Amodei Granger Pearce Ross (FL) Austria Graves (GA) Pence Gohmert Manzullo Royce Ackerman Grijalva Payne Goodlatte Marchant Baca Graves (MO) Peterson Andrews Gutierrez Pelosi Runyan Bachus Green, Gene Petri Gosar Marino Ryan (WI) Baca Hahn Perlmutter Barletta Griffin (AR) Pitts Gowdy Matheson Scalise Baldwin Hanabusa Peters Barrow Griffith (VA) Platts Granger McCarthy (CA) Schilling Bass (CA) Hastings (FL) Pingree (ME) Bartlett Grimm Poe (TX) Graves (GA) McCaul Schmidt Becerra Heinrich Polis Barton (TX) Guinta Pompeo Graves (MO) McClintock Schock Berkley Higgins Price (NC) Griffin (AR) McCotter Bass (NH) Guthrie Posey Schweikert Berman Himes Quigley Griffith (VA) McHenry Benishek Hall Price (GA) Scott (SC) Bishop (GA) Hinojosa Rangel Grimm McIntyre Berg Hanna Quayle Scott, Austin Bishop (NY) Hirono Reyes Guinta McKeon Biggert Harper Reed Blumenauer Hochul Sensenbrenner Richardson Guthrie McKinley Bilbray Harris Rehberg Brady (PA) Holt Sessions Richmond Hall McMorris Bilirakis Hartzler Reichert Braley (IA) Honda Shimkus Rothman (NJ) Hanna Rodgers Bishop (GA) Hastings (WA) Renacci Brown (FL) Hoyer Shuster Roybal-Allard Harper Meehan Bishop (UT) Hayworth Ribble Butterfield Inslee Simpson Harris Mica Black Heck Rigell Capps Israel Ruppersberger Smith (NE) Hartzler Miller (FL) Blackburn Hensarling Rivera Capuano Jackson Lee Rush Smith (NJ) Hastings (WA) Miller (MI) Bonner Herger Roby Carnahan (TX) Ryan (OH) Smith (TX) Sa´ nchez, Linda Hayworth Miller, Gary Bono Mack Herrera Beutler Roe (TN) Carney Johnson (GA) Heck Mulvaney Southerland Carson (IN) Johnson, E. B. T. Stearns Boren Hochul Rogers (AL) Sanchez, Loretta Hensarling Murphy (PA) Boswell Holden Rogers (KY) Chu Kaptur Herger Neugebauer Stivers Sarbanes Boustany Huelskamp Rogers (MI) Cicilline Keating Herrera Beutler Noem Stutzman Schakowsky Brady (TX) Huizenga (MI) Rohrabacher Clarke (MI) Kildee Holden Nugent Sullivan Schiff Braley (IA) Hultgren Rokita Clarke (NY) Kind Huelskamp Nunes Terry Clay Kucinich Schrader Thompson (PA) Brooks Hunter Rooney Huizenga (MI) Nunnelee Broun (GA) Hurt Ros-Lehtinen Cleaver Langevin Schwartz Hultgren Olson Thornberry Buchanan Issa Roskam Clyburn Larsen (WA) Scott (VA) Hunter Owens Tiberi Bucshon Jenkins Ross (AR) Cohen Larson (CT) Scott, David Hurt Palazzo Tipton Buerkle Johnson (IL) Ross (FL) Connolly (VA) Lee (CA) Serrano Issa Paulsen Turner (NY) Burgess Johnson (OH) Royce Conyers Levin Sewell Jenkins Pearce Turner (OH) Burton (IN) Johnson, Sam Runyan Cooper Lewis (GA) Sherman Johnson (IL) Pence Upton Costello Lipinski Shuler Johnson (OH) Peterson Walberg Calvert Jones Ryan (OH) Courtney Loebsack Sires Johnson, Sam Petri Walden Camp Jordan Ryan (WI) Crowley Lofgren, Zoe Slaughter Jones Pitts Walsh (IL) Canseco Kelly Sanchez, Loretta Cuellar Lowey Smith (WA) Jordan Platts Walz (MN) Cantor Kind Scalise ´ Cummings Lujan Speier Kelly Poe (TX) Webster Capito King (IA) Schilling Davis (CA) Lynch Stark King (IA) Pompeo West Cardoza King (NY) Schmidt DeFazio Maloney Sutton King (NY) Posey Westmoreland Carter Kingston Schock DeGette Markey Thompson (CA) Kingston Price (GA) Whitfield Cassidy Kinzinger (IL) Schrader DeLauro Matsui Kinzinger (IL) Quayle Wilson (SC) Chabot Kissell Schweikert Deutch McCarthy (NY) Thompson (MS) Tierney Kissell Reed Wittman Chaffetz Kline Scott (SC) Dicks McCollum Kline Rehberg Wolf Chandler Labrador Scott, Austin Dingell McDermott Tonko Towns Labrador Reichert Womack Coffman (CO) Lamborn Sensenbrenner Doggett McGovern Lamborn Renacci Woodall Cole Lance Sessions Doyle McNerney Tsongas Van Hollen Lance Ribble Yoder Conaway Landry Sewell Edwards Meeks Landry Rigell Young (AK) Costa Lankford Shimkus Ellison Michaud Vela´ zquez Visclosky Lankford Rivera Young (FL) Costello Latham Shuler Engel Miller (NC) Latham Roby Young (IN) Cravaack LaTourette Shuster Eshoo Moore Wasserman Crawford Latta Simpson Farr Moran Schultz NOT VOTING—15 Crenshaw Lewis (CA) Smith (NE) Fattah Murphy (CT) Waters Bachmann Diaz-Balart Miller, George Critz LoBiondo Smith (NJ) Filner Napolitano Watt Campbell Fudge Myrick Cuellar Loebsack Smith (TX) Frank (MA) Neal Waxman Castor (FL) Giffords Nadler Culberson Long Southerland Garamendi Olver Welch Coble Hinchey Paul Gonzalez Pallone Wilson (FL) Davis (KY) Lucas Stearns Davis (IL) Jackson (IL) Rahall Green, Al Pascrell Woolsey Denham Luetkemeyer Stivers Green, Gene Pastor (AZ) Yarmuth Dent Lummis Stutzman b 1436 DesJarlais Lungren, Daniel Sullivan NOES—252 Dold E. Terry Ms. HAYWORTH changed her vote Donnelly (IN) Mack Thompson (MS) Adams Boswell Cravaack from ‘‘aye’’ to ‘‘no.’’ Dreier Manzullo Thompson (PA) Aderholt Boustany Crawford Duffy Marchant Thornberry Akin Brady (TX) Crenshaw So the motion to recommit was re- Duncan (SC) Marino Tiberi Alexander Brooks Critz jected. Duncan (TN) Matheson Tipton Altmire Broun (GA) Culberson The result of the vote was announced Ellmers McCarthy (CA) Turner (NY) Amash Buchanan Davis (KY) Emerson McCaul Turner (OH) Amodei Bucshon Denham as above recorded. Farenthold McClintock Upton Austria Buerkle Dent The SPEAKER pro tempore. The Fincher McCotter Walberg Bachus Burgess DesJarlais question is on the passage of the bill. Barletta Burton (IN) Dold Fitzpatrick McHenry Walden Barrow Calvert Donnelly (IN) The question was taken; and the Flake McIntyre Walsh (IL) Bartlett Camp Dreier Speaker pro tempore announced that Fleischmann McKeon Walz (MN) Barton (TX) Canseco Duffy the noes appeared to have it. Fleming McKinley Webster Bass (NH) Cantor Duncan (SC) Flores McMorris West Benishek Capito Duncan (TN) RECORDED VOTE Forbes Rodgers Westmoreland Berg Cardoza Ellmers Ms. DEGETTE. Mr. Speaker, I de- Fortenberry Meehan Whitfield Biggert Carter Emerson mand a recorded vote. Foxx Mica Wilson (SC) Bilbray Cassidy Farenthold Franks (AZ) Miller (FL) Wittman Bilirakis Chabot Fincher A recorded vote was ordered. Frelinghuysen Miller (MI) Wolf Bishop (UT) Chaffetz Fitzpatrick The SPEAKER pro tempore. This Gallegly Miller, Gary Womack Black Chandler Flake will be a 5-minute vote. Garamendi Mulvaney Woodall Blackburn Coffman (CO) Fleischmann The vote was taken by electronic de- Gardner Murphy (PA) Yoder Bonner Cole Fleming Garrett Neugebauer Young (AK) Bono Mack Conaway Flores vice, and there were—ayes 268, noes 150, Gerlach Noem Young (FL) Boren Costa Forbes not voting 15, as follows: Gibbs Nugent Young (IN)

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19266 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 NOES—150 The SPEAKER pro tempore. Is there At this point, the House is scheduled Ackerman Gutierrez Pascrell objection to the request of the gen- to be in session for the remainder of Andrews Hahn Pastor (AZ) tleman from Florida? the week, with a weekend session pos- Baldwin Hanabusa Payne There was no objection. Bass (CA) Hastings (FL) Pelosi sible. Per our usual weekly schedule, I Becerra Heinrich Perlmutter f would expect morning hour on most Berkley Higgins Peters PRAY FOR VICTIMS OF VIRGINIA days to begin at 10 a.m. and legislative Berman Himes Pingree (ME) business to start by noon. However, be- Bishop (NY) Hinojosa Polis TECH SHOOTING Blumenauer Hirono Price (NC) cause this will likely be our last week Brady (PA) Holt Quigley (Mr. GRIFFITH of Virginia asked and in session prior to the end of the year, Brown (FL) Honda Rangel was given permission to address the the daily convening times may fluc- Butterfield Hoyer Reyes House for 1 minute.) Capps Inslee Richardson tuate to accommodate our year-end Mr. GRIFFITH of Virginia. I ask ev- business. Capuano Israel Richmond eryone here and across the Nation to Carnahan Jackson Lee Rothman (NJ) I can assure Members, however, that pray for those individuals at Virginia Carney (TX) Roybal-Allard we do not expect votes on Tuesday, De- Carson (IN) Johnson (GA) Ruppersberger Tech in Blacksburg, Virginia, who are cember 13, prior to 1 p.m. That is as far Chu Johnson, E. B. Rush currently dealing with the shootings Cicilline Kaptur Sa´ nchez, Linda as Tuesday, December 13 is concerned. that took place there today and the Clarke (MI) Keating T. Mr. Speaker, our legislative business two people who, regrettably, have Clarke (NY) Kildee Sarbanes next week will include a number of sus- Clay Kucinich Schakowsky passed away. Cleaver Langevin Schiff pensions, a complete list of which will Clyburn Larsen (WA) Schwartz f be announced by the close of business Cohen Larson (CT) Scott (VA) LEGISLATIVE PROGRAM tomorrow. In addition, we expect to Connolly (VA) Lee (CA) Scott, David Conyers Levin Serrano (Mr. HOYER asked and was given consider a conference report on the re- Cooper Lewis (GA) Sherman permission to address the House for 1 maining appropriations bills for FY12 Courtney Lipinski Sires as well as a conference report for the Crowley Lofgren, Zoe Slaughter minute.) Cummings Lowey Smith (WA) Mr. HOYER. Mr. Speaker, before National Defense Authorization Act. I Davis (CA) Luja´ n Speier yielding to the majority leader to in- want to thank both Chairman HAL DeFazio Lynch Stark quire about the schedule for the week ROGERS and Chairman BUCK MCKEON DeGette Maloney Sutton for their incredibly hard work through- DeLauro Markey Thompson (CA) to come, let me say I join with the gen- Deutch Matsui Tierney tleman from Virginia, and I know cer- out the year. Dicks McCarthy (NY) Tonko tainly Mr. CANTOR, who also represents Finally, we anticipate a vote on a Dingell McCollum Towns Virginia, but the entire country as year-end package of expiring laws that Doggett McDermott Tsongas will include extensions of the payroll Doyle McGovern Van Hollen well. We don’t know the facts yet. We Edwards McNerney Vela´ zquez don’t know exactly what’s happened. tax holiday, unemployment benefits, Ellison Meeks Visclosky But the information I have is that two and the physician reimbursement Engel Michaud Wasserman issue. Eshoo Miller (NC) Schultz people may well have lost their lives at Farr Moore Waters this point in time. We certainly want If the gentleman will continue to Fattah Moran Watt to send our deepest sympathies to Vir- yield, Mr. Speaker, I want to take a Filner Murphy (CT) Waxman ginia Tech and to the families that are minute to highlight a bipartisan event Frank (MA) Napolitano Welch that took place here in the Capitol this Gonzalez Neal Wilson (FL) affected by this incident and hope sin- Green, Al Olver Woolsey cerely that there is no further loss of week. Grijalva Pallone Yarmuth life. b 1450 NOT VOTING—15 On that issue, let me yield to the majority leader, who I know will want to Yesterday the Democratic whip and I Bachmann Diaz-Balart Miller, George hosted the first-ever Facebook Campbell Fudge Myrick say something as well. Castor (FL) Giffords Nadler Mr. CANTOR. Mr. Speaker, I thank Hackathon, allowing private sector Coble Hinchey Paul programmers and software developers Davis (IL) Jackson (IL) Rahall the gentleman from Maryland, the Democratic whip, for yielding. to get together with us to work on b 1444 I too want to join the gentleman in ways to utilize social media in making Ms. JACKSON LEE of Texas and Mr. expressing our sorrow and extending Congress more accessible to the public. HOYER changed their vote from ‘‘aye’’ our thoughts and prayers to those in I’m happy to report that over 200 devel- to no.’’ the Hokie Nation in Blacksburg who, opers from all over the country partici- So the bill was passed. unfortunately, have endured more pain pated in this bipartisan event and The result of the vote was announced today, reminiscent of the pain that so shared their ideas. as above recorded. many have felt in that fine university I thank the gentleman for joining me A motion to reconsider was laid on in the past. Hopefully, things can look and for his help in facilitating this the table. up. I know that there are reports that noteworthy cause, and I look forward f law enforcement was involved. We also to working with him to continue to make Congress a more transparent and MESSAGE FROM THE SENATE want to extend our thanks to law enforcement in that community as well accessible institution for the people A message from the Senate by Ms. as everywhere else in this country— who have sent us here. Curtis, one of its clerks, announced Mr. HOYER. I thank the gentleman that the Senate has passed without certainly in this Capitol—for what individuals of the Capitol Police and for his comments and his leadership on amendment a bill of the House of the the Hackathon event that occurred following title: other police forces across the country do for us every single day. yesterday. H.R. 470. An act to further allocate and ex- He and I both had the opportunity to pand the availability of hydroelectric power Again, we express our sorrow to those generated at Hoover Dam, and for other pur- who are mourning the loss of life and address a large number of—over 250, I poses. extend our thoughts to President think—individuals who were there who will, in fact, bring their expertise, their f Steger at Virginia Tech and to that community. technical knowledge to bear on what REMOVAL OF NAME OF MEMBER I do thank the gentleman from Mary- the gentleman referenced as making AS COSPONSOR OF H.R. 3538 land for yielding. our institution more accessible and Mr. MICA. Mr. Speaker, I ask unani- Mr. Speaker, on Monday, the House transparent to our citizens. We all be- mous consent that the gentleman from will meet at noon for morning hour and lieve, I think, that doing that will Tennessee (Mr. COOPER) be removed as 2 p.m. for legislative business. Votes make the products that we produce a cosponsor from H.R. 3538. will be postponed until 6:30 p.m. better and make citizens better able to

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19267 make judgments on the work that we the GOP leadership proposal as he left say he is for creating jobs, doing all we do. Thursday morning’s closed-door meet- can to get America back to work. This So I want to thank the gentleman ing.’’ is a provision that allows for that. and his staff for their leadership on I will say to my friend that we are at We also have seen, Mr. Speaker, in this effort. We were glad to join in the end of the session. We are hopeful, response to the gentleman’s concerns that. as I have said—and as we have dem- about Nebraska and the issues raised Mr. Speaker, I understand that the onstrated on the two CRs and the debt by its Governor as well as its State leg- unemployment insurance, the payroll extension and on the minibus appro- islature, I believe and am told that tax issue, which will continue to give priation bill that we passed—that we there have been many discussions in the middle class tax cuts to those who are prepared to respond in a bipartisan which an alternative route has been de- need it most, the unemployment, fashion to assist in passing must-pass termined, and there is agreement on which will keep millions of people from legislation and would hope very much that to allow for the proceeding of the losing their unemployment, as well as that we don’t put controversial items construction of the pipeline. the physician adjustment are scheduled in that. The President has clearly an- Again, knowing that there is strong next week. It’s my understanding that nunciated that he will veto a bill that bipartisan support for the project, that bill has not been filed yet. has the Keystone pipeline. knowing that labor is in support of it, Can the gentleman tell me when he I will say, as my friend clearly knowing that it puts people back to believes that bill will be filed? knows, there is bipartisan concern—as work immediately, it would seem to Mr. CANTOR. Mr. Speaker, I would a matter of fact, the Governor of Ne- me that this is a consistent provision respond to the gentleman by saying braska, a Republican, and the Repub- to go along with making sure that we that we are still in discussion about lican legislature, which although nomi- deal with the unemployment situation that bill and in drafting; and we do in- nally nonpartisan, as the gentleman in this country through an extension of tend to abide by our necessary 3-day knows, is two-thirds Republican, one- the UI provisions—with, hopefully, notice period so that all sides and all third Democrat, have all voted to delay some reforms—as well as the extension Members, as well as the public, can this project because of their concern of the payroll tax holiday. enjoy their right to know what will be about the aquifer and the impact that As the gentleman knows, our side is in that legislation. But the gentleman the Keystone pipeline, as currently concerned. We don’t want taxes to go is correct, we do expect that bill on the platted, will have in reference to the up on anybody, especially in an econ- floor next week. aquifer, so that there is a bipartisan omy like this. But again, I hope the Mr. HOYER. I thank the gentleman concern. gentleman can consider joining us in for that comment. As the gentleman knows, as a result terms of helping promote an environ- I have had discussions with the gen- of Nebraska’s passing legislation which ment for job creation. tleman, and with Mr. MCCARTHY in par- said they wanted to do a study on the Mr. HOYER. I thank the gentleman ticular—and also briefly with the aquifer and alternative siting of the for his comment. Speaker—that we are certainly pre- Keystone pipeline course, that that I will say this, though, it seems in- pared to participate in discussions study would take them 5 to 6 to 7 consistent, when the President of the leading towards a successful passage of months, as a result, the President indi- United States yesterday said he would those three pieces of legislation, par- cated they would give time to the Ne- veto such a provision, that we would ticularly the unemployment insurance braska Governor and the Nebraska include it in legislation that is must and the payroll tax extension, which Legislature—again, Republican or- pass. we believe are critical before we end gans—to look at that, has given them By the way, the unemployment in- this year. So we’re pleased to see that additional time and said he won’t act surance, economists tell us, will pro- legislation moving forward. But I will until the beginning of 2013. vide for 100 times as many jobs; so, tell my friend that I would be pleased I ask the gentleman, does he believe therefore, we’re for that. Some 500,000 to participate in discussions with him that provision—I understand what Mr. jobs may be affected by extending the so that we can assure that that bill JORDAN says. It may be a nice political unemployment insurance. will in fact pass and, hopefully, pass in gesture, but I would hope that that In addition to that, I tell my friend, a bipartisan fashion. would not be the kind of provision that the President has offered a jobs bill. I I want to tell the gentleman that I’m would be included in the legislation, know that you’re concerned about jobs. a little bit concerned, and I want to whether it’s individual bills or a com- The pipeline bill, in and of itself, is ask him whether this principle will be prehensive bill, including those three about 5,000 to 6,000 jobs over the life- followed. I think I used this quote last items that hopefully we can pass in a time of the pipeline. The jobs bill, week, but it bears repeating. Speaker bipartisan fashion. economists tell us, is 1 million jobs, or BOEHNER said: I yield to my friend. 200 times as many jobs. Notwith- We will end the practice of packaging Mr. CANTOR. Mr. Speaker, I thank standing that, very frankly, that has unpopular bills with must-pass legisla- the gentleman. been languishing since September and tion to circumvent the will of the I understand the point he is trying to not brought to this floor. American people. Instead, we will ad- make. So it seems to me that, if we are real- vance major legislation one issue at a Mr. HOYER. If I may, I thought I did ly interested—and I think you are—in time. make the point. extending unemployment insurance That was in the Republican Pledge as Mr. CANTOR. Well, you may have and providing for a continued tax cut well, and the Speaker has reiterated made the point. for middle-income Americans and for that at the beginning of this session. Maybe, Mr. Speaker, what I’m trying providing for the payment of doctors Now, I am concerned because Repub- to say is that I disagree with the gen- who are serving Medicare patients, lican Study Committee Chairman JIM tleman, that if the provisions dealing that we not include in that bill an item JORDAN of Ohio is quoted in The Wash- with the Keystone pipeline are in the that apparently is popular on your side ington Post as saying the following: measure that makes it to the floor that just because the President doesn’t like ‘‘The fact the President doesn’t like we shouldn’t join together and do what it, according to Mr. JORDAN. it’’—the ‘‘it’’ referring to the Keystone was done in the past, and that is dem- pipeline provision, which we under- onstrate a strong bipartisan vote in b 1500 stand is under discussion. I’m glad to support of that project. Because, as the I think that’s not the way we ought hear those discussions have not con- gentleman knows, organized labor in to be operating. The last 7 days of the cluded. But he again quoted, ‘‘The fact this country is very supportive of that session, or 5 days, 6 days, 7, assuming that the President doesn’t like it bill, of that provision. It means imme- we went through Sunday, we shouldn’t makes me like it even more . . . said of diate jobs. The President continues to be doing that, I suggest respectfully to

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19268 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 my friend, the majority leader, because Mr. HOYER. I thank the gentleman. I I yield back the balance of my time. it will simply put us back into the situ- was quoting, not imputing. Mr. JOR- f ation the American public doesn’t want DAN’s comments seem to be pretty us in, and that’s confronting one an- clear. HOUR OF MEETING ON TOMORROW other, playing chicken with one an- Before we conclude, the STOCK Act, Mr. CANTOR. Mr. Speaker, I ask other, bringing us to the precipice of TIM WALZ had a bill that was ready for unanimous consent that when the defeat and lack of success. markup in the committee. We under- House adjourns today, it adjourn to The public doesn’t want us there. We stand that was pulled. meet at 11 a.m. tomorrow, and further, shouldn’t want us there. And I would As you know, that bill has 220 co- when the House adjourns on that day, urge the gentleman not to include sponsors and is a bipartisan sponsor- it adjourn to meet at noon on Monday, items, as I have urged you with respect ship. It simply says that Members December 12, 2011, for morning-hour de- to the appropriation bills that also should not use insider information to bate and 2 p.m. for legislative business. must be passed. That’s not in this list, trade with, information the general The SPEAKER pro tempore (Mr. but you did mention it, of course, in public may not have about legislation RIGELL). Is there objection to the re- the announcement, Mr. ROGERS and that may or may not be reported or quest of the gentleman from Virginia? Mr. DICKS have been working hard, and passed to the floor. And I understand There was no objection. others have been working hard to get that was pulled. I think that was unfor- our appropriations bills done. tunate. f We have urged that we not put con- Can the gentleman tell me what the EXTEND THE MIDDLE CLASS TAX troversial items in that, and we showed status of that piece of legislation is? CUT our good faith on that representation Mr. CANTOR. Sure. Absolutely. when we passed the minibus, and 165 First of all, the issue of insider trad- (Ms. BERKLEY asked and was given Democrats joined 135 Republicans to ing is something that we abhor as well, permission to address the House for 1 pass that legislation. do not tolerate, and believe that all minute and to revise and extend her re- So, again, I would urge the gen- Members of Congress should fall under marks.) tleman to, if he feels strongly about the same laws that apply to anyone, Ms. BERKLEY. Mr. Speaker, I rise that, and I know that he feels—he said and want to make sure that is the case, today on behalf of Nevada’s middle labor is for that bill. Labor is for that if it is not. class families. Because of the economic bill. I think I’m for that bill, I want And transparency is the key because downturn, thousands of Nevadans are the gentleman to know. So this does the public needs to know what their struggling to find a job, pay their rent, not come from my particular opposi- Members are doing. We intend to take and put food on their families’ tables. tion to this bill. this issue, make sure that concerns They cannot afford a tax increase. I am concerned about the alignment that have been raised by Members on However, Washington gridlock is and the aquifer. I think that’s a legiti- both sides of the aisle are being vetted. threatening just that, a massive tax in- mate concern. But I think that that oil This is an issue of extreme import for crease on middle class families. Why? is going to be drilled no matter what the confidence of the public towards Because some Washington Republicans we do. It seems to me that it’s better this institution. We intend to do so in refuse to roll back special tax breaks for us to have it than for others to have a deliberate manner. for Wall Street millionaires in order to it and have that availability. pay for a middle class tax cut for 1.2 But having said that, gratuitously There were issues raised again by Members on both sides of the aisle million Nevadans. That’s just not putting it into a bill that the President right. has already said I don’t agree with that about this bill not being brought up in a vetted way. There are many other So my message today is this: no holi- is simply playing chicken on legisla- day vacation for Congress without ex- tion that’s very important. chairmen who have jurisdiction in this matter who need to be involved in this tending the middle class tax cut. We If the gentleman wants to comment cannot go home while Nevada families on that, I would be glad to yield to with a full vetting, and we intend to do that. And I do hope the gentleman will are hurting and desperate for this ex- him. tension of their payroll tax cuts. Mr. CANTOR. I’d just say to the gen- work with us in doing so. Mr. HOYER. I thank the gentleman However, that’s going to require tleman I’ve already responded to the Washington Republicans to stop pro- notion of issues arising in Nebraska for his comments. As he knows, Congressman WALZ has tecting Wall Street millionaires and that I am told have been resolved, so start putting Nevada’s families first. the issue that he is concerned about been working hard on this, and I know that he will be very inclined to work The only fair way to achieve this is to has apparently been resolved. roll back special tax breaks for Wall I would say to the gentleman there with you and with the committees of Street millionaires, not slash Medicare are 47 Members on his side of the aisle, jurisdiction; and I will certainly be benefits, not layoff thousands of peo- including five ranking members of able to work with you as well on this ple. committees, that have supported the issue because, as I say, Congressman It’s time to stop putting Wall Street measure allowing for the construction WALZ has worked very hard on this. first and before Main Street. Wash- proceeding on the Keystone pipeline. I think all of us agree, as you just in- There’s no gratuitous move here. It’s dicated, that no Member of Congress ington ought not go on vacation until an attempt to try and bring the two ought to be using insider information we take care of this problem. sides together on the most important to trade in the stock market to dis- f issue, which is creating jobs. This is a advantage, obviously, others who are CHINA ORGAN HARVESTING provision that I believe has been dem- trading in the stock market. So I onstrated has support on both sides of thank the gentleman for his comments, (Mr. PITTS asked and was given per- the aisle. look forward to working with him and, mission to address the House for 1 Again, Mr. Speaker, I would hope the again, in closing, hope that we can minute and to revise and extend his re- gentleman could refrain from trying to reach bipartisan agreement on so many marks.) say and impute motives here. We’re major pieces of legislation that we Mr. PITTS. Mr. Speaker, an article trying to work in a fashion—open, need to pass prior to leaving this. in last Monday’s Weekly Standard re- transparent, together so that we don’t I will tell the gentleman I hope his veals the systematic execution and come to any kind of end that doesn’t side agrees, my side will not want to harvesting of organs in China’s prisons. produce a result for the people. That’s adjourn, nor will it support adjourn- The article provides firsthand ac- it. ment, until such time as we act on the counts of the targeted elimination of Again, I appreciate the gentleman’s unemployment insurance and the mid- religious prisoners, prisoners of con- sentiments. dle class tax cuts. science, and political opponents of the

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19269 regime. Minorities, including Falun sue-rejection drug advances in China, they ligence community saw an opening for Chi- Gong, Uyghurs, House Christians, and could theoretically replace the liver, lungs, nese cooperation in the war on terror, and Tibetans have been executed, followed or heart—maybe buy that man another 10 to signaled their acquiescence by allowing Chi- by organ transplant surgeries—some 15 years. nese state security personnel into Guanta- Body #3 had no special characteristics save namo to interrogate Uighur detainees. being performed while the victims are an angry purple line on the neck. The doctor While it is difficult to know the strength of still alive, numbering in the tens of recognized the forensics. Sometimes the po- the claims of the detainees’ actual connec- thousands. lice would twist a wire around a prisoner’s tions to al Qaeda, the basic facts are these: Furthermore, foreign companies are throat to prevent him from speaking up in During the 1990s, when the Chinese drove the already making investments to benefit court. The doctor thought it through me- Uighur rebel training camps from neigh- off of the thriving organ transplant thodically. Maybe the police didn’t want this boring countries such as Kazakhstan and market. Pharmaceutical companies prisoner to talk because he had been a de- Pakistan, some Uighurs fled to Afghanistan like Roche and Isotechnika Pharma ranged killer, a thug, or mentally unstable. where a portion became Taliban soldiers. After all, the Chinese penal system was a And yet, if the Chinese government claims have been involved in clinical drug daily sausage grinder, executing hardcore that the Uighurs constitute their own Is- testing of transplant patients. A Brit- criminals on a massive scale. Yes, the young lamic fundamentalist problem, the fact is ish firm, TFP Ryder Healthcare, is pro- doctor knew the harvesting was wrong. that I’ve never met a Uighur woman who posing a medical facility that would in- Whatever crime had been committed, it won’t shake hands or a man who won’t have clude an organ transplant center. would be nice if the prisoner’s body were al- a drink with me. Nor does my Jewish-sound- Before they follow suit, U.S. compa- lowed to rest forever. Yet was his surgical ing name appear to make anyone flinch. In nies must understand the unethical cli- task that different from an obstetrician’s? one of those vino veritas sessions, I asked a mate that exists in China. And our Harvesting was rebirth, harvesting was life, local Uighur leader if he was able to get any as revolutionary an advance as antibiotics or sort of assistance from groups such as the Is- State Department and the U.N. must steroids. Or maybe, he thought, they didn’t lamic Human Rights Commission (where, as treat these actions as an abuse of Chi- want this man to talk because he was a po- I found during a brief visit to their London na’s international agreements and litical prisoner. offices, veiled women flinch from an ex- human rights of their own people. Nineteen years later, in a secure European tended male hand, drinks are forbidden, and [From WeeklyStandard.com, Dec. 5, 2011] location, the doctor laid out the puzzle. He my Jewish surname is a very big deal in- asked that I keep his identity a secret. Chi- deed). ‘‘Useless!’’ he snorted, returning to THE XINJIANG PROCEDURE nese medical authorities admit that the the vodka bottle. (By Ethan Gutmann) lion’s share of transplant organs originate So if Washington’s goal is to promote a re- To figure out what is taking place today in with executions, but no mainland Chinese formed China, then taking Beijing’s word for a closed society such as northwest China, doctors, even in exile, will normally speak of who is a terrorist is to play into the party’s sometimes you have to go back a decade, performing such surgery. To do so would re- hands. sometimes more. mind international medical authorities of an Xinjiang has long served as the party’s il- One clue might be found on a hilltop near issue they would rather avoid—not China’s licit laboratory: from the atmospheric nu- southern Guangzhou, on a partly cloudy au- soaring execution rate or the exploitation of clear testing in Lop Nur in the mid-sixties tumn day in 1991. A small medical team and criminal organs, but rather the systematic (resulting in a significant rise in cancers in a young doctor starting a practice in inter- elimination of China’s religious and political Urumqi, Xinjiang’s capital) to the more re- nal medicine had driven up from Sun Yat-sen prisoners. Yet even if this doctor feared con- cent creation in the Tarim Desert of what Medical University in a van modified for sur- sequences to his family and his career, he did could well be the world’s largest labor camp, gery. Pulling in on bulldozed earth, they not fear embarrassing China, for he was born estimated to hold 50,000 Uighurs, hardcore found a small fleet of similar vehicles— into an indigenous minority group, the criminals, and practitioners of Falun Gong. clean, white, with smoked glass windows and Uighurs. And when it comes to the first organ har- prominent red crosses on the side. The police Every Uighur witness I approached over vesting of political prisoners, Xinjiang was had ordered the medical team to stay inside the course of two years—police, medical, and ground zero. for their safety. Indeed, the view from the security personnel scattered across two con- In 1989, not long after Nijat Abdureyimu side window of lines of ditches—some filled tinents—related compartmentalized frag- turned 20, he graduated from Xinjiang Police in, others freshly dug—suggested that the ments of information to me, often through School and was assigned to a special police hilltop had served as a killing ground for halting translation. They acknowledged the force, Regiment No. 1 of the Urumqi Public years. risk to their careers, their families, and, in Security Bureau. As one of the first Uighurs Thirty-six scheduled executions would several cases, their lives. Their testimony in a Chinese unit that specialized in ‘‘social translate into 72 kidneys and corneas divided reveals not just a procedure evolving to meet security’’—essentially squelching threats to among the regional hospitals. Every van con- the lucrative medical demand for living or- the party—Nijat was employed as the good tained surgeons who could work fast: 15–30 gans, but the genesis of a wider atrocity. cop in Uighur interrogations, particularly minutes to extract. Drive back to the hos- Behind closed doors, the Uighurs call their the high-profile cases. I first met Nijat— pital. Transplant within six hours. Nothing vast region in China’s northwest corner (bor- thin, depressed, and watchful—in a crowded fancy or experimental; execution would dering on India, Pakistan, Afghanistan, refugee camp on the outskirts of Rome. probably ruin the heart. Tajikistan, Kyrgyzstan, Kazakhstan, and Nijat explained to me that he was well With the acceleration of Chinese medical Mongolia) East Turkestan. The Uighurs are aware that his Chinese colleagues kept him expertise over the last decade, organs once ethnically Turkic, not East Asian. They are under constant surveillance. But Nijat pre- considered scraps no longer went to waste. It Muslims with a smattering of Christians, sented the image they liked: the little broth- wasn’t public knowledge exactly, but Chi- and their language is more readily under- er with the guileless smile. By 1994 he had nese medical schools taught that many oth- stood in Tashkent than in Beijing. By con- penetrated all of the government’s secret erwise wicked criminals volunteered their trast, Beijing’s name for the so-called Auton- bastions: the detention center, its interroga- organs as a final penance. omous Region, Xinjiang, literally translates tion rooms, and the killing grounds. Along Right after the first shots the van door was as ‘‘new frontier.’’ When Mao invaded in 1949, the way, he had witnessed his fair share of thrust open and two men with white surgical Han Chinese constituted only 7 percent of torture, executions, even a rape. So his curi- coats thrown over their uniforms carried a the regional population. Following the flood osity was in the nature of professional inter- body in, the head and feet still twitching of Communist party administrators, soldiers, est when he questioned one of the Chinese slightly. The young doctor noted that the shopkeepers, and construction corps, Han cops who came back from an execution shak- wound was on the right side of the chest as Chinese now constitute the majority. The ing his head. According to his colleague, it he had expected. When body #3 was laid party calculates that Xinjiang will be its top had been a normal procedure—the unwanted down, he went to work. oil and natural gas production center by the bodies kicked into a trench, the useful Male, 40-ish, Han Chinese. While the other end of this century. corpses hoisted into the harvesting vans, but retail organs in the van were slated for the To protect this investment, Beijing tradi- then he heard something coming from a van, profitable foreigner market, the doctor had tionally depicted all Uighur nationalists— like a man screaming. seen the paperwork indicating this kidney violent rebels and non-violent activists ‘‘Like someone was still alive?’’ Nijat re- was tissue-matched for transplant into a 50– alike—as CIA proxies. Shortly after 9/11, that members asking. ‘‘What kind of screams?’’ year-old Chinese man. Without the trans- conspiracy theory was tossed down the mem- ‘‘Like from hell.’’ plant, that man would die. With it, the same ory hole. Suddenly China was, and always Nijat shrugged. The regiment had more man would rise miraculously from his hos- has been, at war with al Qaeda-led Uighur than enough sloppiness to go around. pital bed and go on to have a normal life for terrorists. No matter how transparently op- A few months later, three death row pris- 25 years or so. By 2016, given all the anti-tis- portunistic the switch, the American intel- oners were being transported from detention

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19270 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 to execution. Nijat had become friendly with Enver stiffened and corrected himself. ‘‘No. man in name only. Two years before, the one in particular, a very young man. As He’s not dead.’’ Chinese Public Security Bureau of the West- Nijat walked alongside, the young man ‘‘Operate then. Remove the liver and the ern city of Ghulja recruited Bahtiyar for the turned to Nijat with eyes like saucers: ‘‘Why kidneys. Now! Quick! Be quick!’’ drug enforcement division. It was a natural did you inject me?’’ Following the chief surgeon’s directive, the fit because Bahtiyar was tall, good-looking, Nijat hadn’t injected him; the medical di- team loaded the body into the ambulance. and exuded effortless Uighur authority. rector had. But the director and some legal Enver felt himself going numb: Just cut the Bahtiyar would ultimately make his way to officials were watching the exchange, so clothes off. Just strap the limbs to the table. Canada and freedom, but he had no trouble Nijat lied smoothly: ‘‘It’s so you won’t feel Just open the body. He kept making at- recalling his initial idealism; back then, much pain when they shoot you.’’ tempts to follow normal procedure—steri- Bahtiyar did not see himself as a Chinese The young man smiled faintly, and Nijat, lize, minimal exposure, sketch the cut. collaborator but as an emergency responder. sensing that he would never quite forget that Enver glanced questioningly at the chief sur- For several years, heroin addiction had look, waited until the execution was over to geon. ‘‘No anaesthesia,’’ said the chief sur- been creeping through the neighborhoods of ask the medical director: ‘‘Why did you in- geon. ‘‘No life support.’’ Ghulja, striking down young Uighurs like a ject him?’’ The anaesthesiologist just stood there, medieval plague. Yet inside the force, ‘‘Nijat, if you can transfer to some other arms folded—like some sort of ignorant peas- Bahtiyar quickly grasped that the Chinese section, then go as soon as possible.’’ ant, Enver thought. Enver barked at him. heroin cartel was quietly protected, if not ‘‘What do you mean? Doctor, exactly what ‘‘Why don’t you do something?’’ encouraged, by the authorities. Even his re- kind of medicine did you inject him with?’’ ‘‘What exactly should I do, Enver? He’s al- cruitment was a bait-and-switch. Instead of ‘‘Nijat, do you have any beliefs?’’ ready unconscious. If you cut, he’s not going sending him after drug dealers, his Chinese ‘‘Yes. Do you?’’ to respond.’’ superiors ordered him to investigate the ‘‘It was an anticoagulant, Nijat. And But there was a response. As Enver’s scal- Meshrep—a traditional Muslim get-together maybe we are all going to hell.’’ pel went in, the man’s chest heaved spas- promoting clean living, sports, and Uighur I first met Enver Tohti—a soft-spoken, modically and then curled back again. music and dance. If the Meshrep had flow- husky, Buddha of a man—through the infor- Enver, a little frantic now, turned to the ered like a traditional herbal remedy against mal Uighur network of London. I confess chief surgeon. ‘‘How far in should I cut?’’ the opiate invader, the Chinese authorities that my first impression was that he was ‘‘You cut as wide and deep as possible. We read it as a disguised attack on the Chinese just another emigre living in public housing. are working against time.’’ state. Enver worked fast, not bothering with But Enver had a secret. In early January 1997, on the eve of Rama- clamps, cutting with his right hand, moving His story began on a Tuesday in June 1995, dan, the entire Ghulja police force—Uighurs muscle and soft tissue aside with his left, when he was a general surgeon in an Urumqi and Chinese alike—were suddenly ordered to slowing down only to make sure he excised hospital. Enver recalled an unusual con- surrender their guns ‘‘for inspection.’’ Now, the kidneys and liver cleanly. Even as Enver versation with his immediate superior, the almost a month later, the weapons were stitched the man back up—not internally, chief surgeon: ‘‘Enver, we are going to do being released. But Bahtiyar’s gun was held there was no point to that anymore, just so something exciting. Have you ever done an back. Bahtiyar went to the Chinese bureau- the body might look presentable—he sensed operation in the field?’’ crat who controlled supplies and asked after the man was still alive. I am a killer, Enver ‘‘Not really. What do you want me to do?’’ it. ‘‘Your gun has a problem,’’ Bahtiyar was screamed inwardly. He did not dare to look ‘‘Get a mobile team together and request told. at the face again, just as he imagined a kill- an ambulance. Have everyone out front at ‘‘When will you fix the problem?’’ er would avoid looking at his victim. nine tomorrow.’’ The bureaucrat shrugged, glanced at his The team drove back to Urumqi in silence. On a cloudless Wednesday morning, Enver list, and looked up at Bahtiyar with an On Thursday, the chief surgeon confronted led two assistants and an anaesthesiologist unblinking stare that said: It is time for you Enver: ‘‘So. Yesterday. Did anything hap- into an ambulance and followed the chief to go. By the end of the day, Bahtiyar got it: pen? Yesterday was a usual, normal day. surgeon’s car out of Urumqi going west. The Every Chinese officer had a gun. Every Yes?’’ ambulance had a picnic atmosphere until Enver said yes, and it took years for him Uighur officer’s gun had a problem. they realized they were entering the Western to understand that live organs had lower re- Three days later, Bahtiyar understood Mountain police district, which specialized jection rates in the new host, or that the bul- why. On February 5, approximately 1,000 in executing political dissidents. On a dirt let to the chest had—other than that first Uighurs gathered in the center of Ghulja. road by a steep hill the chief surgeon pulled sickening lurch—acted like some sort of The day before, the Chinese authorities ar- off, and came back to talk to Enver: ‘‘When magical anaesthesia. He had done what he rested (and, it was claimed, severely abused) you hear a gunshot, drive around the hill.’’ could; he had stitched the body back neatly six women, all Muslim teachers, all partici- ‘‘Can you tell us why we are here?’’ for the family. And 15 years would elapse be- pants in the Meshrep. The young men came ‘‘Enver, if you don’t want to know, don’t fore Enver revealed what had happened that without their winter coats to show they were ask.’’ Wednesday. unarmed, but, planned or unplanned, the ‘‘I want to know.’’ As for Nijat, it wasn’t until 1996 that he Chinese police fired on the demonstrators. ‘‘No. You don’t want to know.’’ put it together. Casualty counts of what is known as the The chief surgeon gave him a quick, hard It happened just about midnight, well after Ghulja incident remain shaky. Bahtiyar re- look as he returned to the car. Enver saw the cell block lights were turned off. Nijat calls internal police estimates of 400 dead, that beyond the hill there appeared to be found himself hanging out in the detention but he didn’t see it; all Uighur policemen had some sort of armed police facility. People compound’s administrative office with the been sent to the local jail ‘‘to interrogate were milling about—civilians. Enver half-sa- medical director. Following a pause in the prisoners’’ and were locked in the compound tirically suggested to the team that perhaps conversation, the director, in an odd voice, throughout the crisis. However, Bahtiyar did they were family members waiting to collect asked Nijat if he thought the place was see Uighurs herded into the compound and the body and pay for the bullet, and the team haunted. thrown naked onto the snow—some bleeding, responded with increasingly sick jokes to ‘‘Maybe it feels a little weird at night,’’ others with internal injuries. Ghulja’s main break the tension. Then they heard a gun- Nijat answered. ‘‘Why do you think that?’’ Uighur clinic was effectively shut down when shot, possibly a volley, and drove around to ‘‘Because too many people have been killed a squad of Chinese special police arrested 10 the execution field. here. And for all the wrong reasons.’’ of the doctors and destroyed the clinic’s am- Focusing on not making any sudden moves Nijat finally understood. The anticoagu- bulance. As the arrests mounted by late as he followed the chief surgeon’s car, Enver lant. The expensive ‘‘execution meals’’ for April, the jail became hopelessly over- never really did get a good look. He briefly the regiment following a trip to the killing crowded, and Uighur political prisoners were registered that there were 10, maybe 20 bod- ground. The plainclothes agents in the cells selected for daily executions. On April 24, ies lying at the base of the hill, but the who persuaded the prisoners to sign state- Bahtiyar’s colleagues witnessed the killing armed police saw the ambulance and waved ments donating their organs to the state. of eight political prisoners; what struck him over. And now the medical director was con- them was the presence of doctors in ‘‘special ‘‘This one. It’s this one.’’ firming it all: Those statements were real. vans for harvesting organs.’’ Sprawled on the blood-soaked ground was a They just didn’t take account of the fact In Europe I spoke with a nurse who worked man, around 30, dressed in navy blue over- that the prisoners would still be alive when in a major Ghulja hospital following the in- alls. All convicts were shaved, but this one they were cut up. cident. Nervously requesting that I provide had long hair. ‘‘Nijat, we really are going to hell.’’ no personal details, she told me that the hos- ‘‘That’s him. We’ll operate on him.’’ Nijat nodded, pulled on his beer, and didn’t pitals were forbidden to treat Uighur pro- ‘‘Why are we operating?’’ Enver protested, bother to smile. testers. A doctor who bandaged an arm re- feeling for the artery in the man’s neck. On February 2, 1997, Bahtiyar Shemshidin ceived a 15-year sentence, while another got ‘‘Come on. This man is dead.’’ began wondering whether he was a police- 20 years, and hospital staff were told, ‘‘If you

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19271 treat someone, you will get the same re- When Murat returned to the hospital, he the floor to questions, Enver found himself sult.’’ The separation between the Uighur asked the instructor, ‘‘Were all those pris- standing up and speaking, for the first time, and Chinese medical personnel deepened: oners sentenced to death?’’ of killing a man. I took notes, but no British Chinese doctors would stockpile prescrip- ‘‘That’s right, Murat, that’s right. Yes. MP or their staffers could be bothered to tions rather than allow Uighur medical staff Just don’t ask any more questions. They are take Enver’s number. a key to the pharmacy, while Uighur pa- bad people—enemies of the country.’’ The implications are clear enough. Noth- tients were receiving 50 percent of their But Murat kept asking questions, and over ing but self-determination for the Uighurs usual doses. If a Uighur couple had a second time, he learned the drill. Once they found a can suffice. The Uighurs, numbering 13 mil- child, even if the birth was legally sanc- matching blood type, they would move to lion, are few, but they are also desperate. tioned, Chinese maternity doctors, she ob- tissue matching. Then the political prisoner They may fight. War may come. On that day, served, administered an injection (described would get a bullet to the right side of the as diplomats across the globe call for dia- as an antibiotic) to the infant. The nurse chest. Murat’s instructor would visit the logue with Beijing, may every nation look to could not recall a single instance of the same execution site to match up blood samples. its origins and its conscience. For my part, if injection given to a Chinese baby. Within The officials would get their organs, rise my Jewish-sounding name tells me anything, three days the infant would turn blue and from their beds, and check out. it is this: The dead may never be fully die. Chinese staffers offered a rote expla- Six months later, around the first anniver- avenged, but no people can accept being fa- nation to Uighur mothers: Your baby was sary of Ghulja, five new officials checked in. tally exploited forever. too weak, your baby could not handle the The instructor told Murat to go back to the f drug. political wing for fresh blood. This time, Shortly after the Ghulja incident, a young Murat was told that harvesting political b 1510 Uighur protester’s body returned home from prisoners was normal. A growing export. YUCCA MOUNTAIN a military hospital. Perhaps the fact that High volume. The military hospitals are the abdomen was stitched up was just evi- leading the way. The SPEAKER pro tempore. Under dence of an autopsy, but it sparked another By early 1999, Murat stopped hearing about the Speaker’s announced policy of Jan- round of riots. After that, the corpses were harvesting political prisoners. Perhaps it uary 5, 2011, the gentleman from Illi- wrapped, buried at gunpoint, and Chinese was over, he thought. nois (Mr. SHIMKUS) is recognized for 60 soldiers patrolled the cemeteries (one is not Yet the Xinjiang procedure spread. By the minutes as the designee of the major- far from the current Urumqi airport). By end of 1999, the Uighur crackdown would be ity leader. June, the nurse was pulled into a new case: eclipsed by Chinese security’s largest-scale Mr. SHIMKUS. Mr. Speaker, it’s A young Uighur protester had been arrested action since Mao: the elimination of Falun great to get a chance to come back and beaten severely. His family paid for his Gong. By my estimate up to three million release, only to discover that their son had Falun Gong practitioners would pass down to the floor to visit with my col- kidney damage. The family was told to visit through the Chinese corrections system. Ap- leagues and talk about an issue that a Chinese military hospital in Urumqi where proximately 65,000 would be harvested, I’ve been raising seven or eight weeks the hospital staff laid it out: One kidney, hearts still beating, before the 2008 Olym- in a row. I’ll have a little more ex- 30,000 RMB (roughly $4,700). The kidney will pics. An unspecified, significantly smaller, tended time to go over what has tran- be healthy, they were assured, because the number of House Christians and Tibetans spired over the past 6 to 7 months, and transplant was to come from a 21-year-old likely met the same fate. that’s that this country really needs to Uighur male—the same profile as their son. By Holocaust standards these are piddling address this high-level nuclear waste The nurse learned that the ‘‘donor’’ was, in numbers, so let’s be clear: China is not the fact, a protester. land of the final solution. But it is the land problem in this country. In the early autumn of 1997, fresh out of a of the expedient solution. Some will point to I’m glad to be joined with some of my blood-work tour in rural Xinjiang, a young recent statements from the Chinese medical colleagues who I’ll yield to in a couple Uighur doctor—let’s call him Murat—was establishment admitting the obvious—Chi- of minutes. pursuing a promising medical career in a na’s medical environment is not fully eth- But just to start in a synopsis, based large Urumqi hospital. Two years later he ical—and see progress. Foreign investors sus- upon the parts of the country that we was planning his escape to Europe, where I pect that eventually the Chinese might visited, for us to move past the logjam met him some years after. someday—or perhaps have already—abandon that’s in the other body, we have to One day Murat’s instructor quietly in- organ harvesting in favor of the much more find 60 Senators who will vote to move formed him that five Chinese government of- lucrative pharmaceutical and clinical test- ficials—big guys, party members—had ing industries. The problem with these forward what we know is Federal law. checked into the hospital with organ prob- soothing narratives is that reports, some as The Nuclear Waste Policy Act of 1982 lems. Now he had a job for Murat: ‘‘Go to the recent as one year ago, suggest that the Chi- recognized and determined that Yucca Urumqi prison. The political wing, not the nese have not abandoned the Xinjiang proce- Mountain would be the national reposi- criminal side. Take blood samples. Small dure. tory for high-level nuclear waste. ones. Just to map out the different blood In July 2009, Urumqi exploded in bloody I think a lot of folks would say, well, types. That’s all you have to do.’’ street riots between Uighurs and Han Chi- so if it’s a law, why aren’t we there? ‘‘What about tissue matching?’’ nese. The authorities massed troops in the Well, the reason we’re not there now is ‘‘Don’t worry about any of that, Murat. regional capital, kicked out the Western because the majority leader of the Sen- We’ll handle that later. Just map out the journalists, shut down the Internet, and, blood types.’’ over the next six months, quietly, mostly at ate has blocked it, along with the Clutching the authorization, and accom- night, rounded up Uighur males by the thou- President of the United States. panied by an assistant from the hospital, sands. According to information leaked by This time is being spent to help edu- Murat, slight and bookish, found himself fac- Uighurs held in captivity, some prisoners cate the American public, Mr. Speaker, ing approximately 15 prisoners, mostly were given physical examinations aimed on where is the high level nuclear tough-guy Uighurs in their late twenties. As solely at assessing the health of their retail waste, what communities, what States the first prisoner sat down and saw the nee- organs. The signals may be faint, but they are affected, and what Senators should dle, the pleading began. are consistent, and the conclusion is inescap- be held somewhat accountable for the ‘‘You are a Uighur like me. Why are you able: China, a state rapidly approaching su- positions they take as far as high-level going to hurt me?’’ perpower status, has not just committed ‘‘I’m not going to hurt you. I’m just taking human rights abuses—that’s old news—but nuclear waste? blood.’’ has, for over a decade, perverted the most On the chart to my far left, through- At the word ‘‘blood,’’ everything collapsed. trusted area of human expertise into per- out this last half a year, we need 60 The men howled and stampeded, the guards forming what is, in the legal parlance of votes. We’ve got at least 27 Senators screaming and shoving them back into line. human rights, targeted elimination of a spe- who we know already support this The prisoner shrieked that he was innocent. cific group. based upon votes or public statements. The Chinese guards grabbed his neck and Yet Nijat sits in refugee limbo in We have eight that really have not had squeezed it hard. Neuchatel, Switzerland, waiting for a coun- a chance to address this by a vote or ‘‘It’s just for your health,’’ Murat said try to offer him asylum. He confessed to me. evenly, suddenly aware the hospital func- He confessed to others. But in a world eager haven’t made a public statement on it tionary was probably watching to make sure not to offend China, no state wants his con- yet. And we have seven ‘‘nays’’ or that Murat wasn’t too sympathetic. ‘‘It’s fession. Enver made his way to an obscure seven ‘‘no’’ votes. just for your health,’’ Murat said again and seminar hosted by the House of Commons on With that, just because I appreciate again as he drew blood. Chinese human rights. When the MPs opened my colleagues taking time out, I would

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19272 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 like to first yield to my colleague from clear waste. And why do I know that? applaud the gentleman’s efforts and the State of Illinois, no disrespect to Because I visited them. I’ve been in thank you for giving me the time. I my colleague from the State of Geor- their communities. I went to the com- just want to make sure that this isn’t gia, to go into a discussion about one munity center. They welcomed me, and just important for the folks in the of the areas that we addressed, one of we talked about how this was impor- State in Illinois and the folks in Wis- the first sites we talked about. I fig- tant for the country and their local consin, and the people in Michigan that ured I’d better come forward and talk communities. are surrounding the Great Lakes, and about my own State. If I’m going to Mr. DOLD. This is absolutely critical specifically Lake Michigan; it’s all the talk about other States, I better talk for the country. When we look at just Great Lakes. And it’s not just in Illi- about my own State, the State of Illi- the State of Illinois, the State of Illi- nois. There are nuclear power facilities nois. nois has got 13 commercial reactors at all across the country. In the State of Illinois, 50 percent of seven sites across the State of Illinois. We need to have a safe, secure way to our electricity is generated by nuclear Our neighbors to the north have three be able to store these spent fuel rods, power. We’re one of the biggest nuclear commercial reactors operating on two and I think Yucca Mountain has been power States in the country. We picked different sites, both of those on Lake proven to be the place to do it. And I a facility that’s actually closed, which Michigan. think we should move forward on it. is Zion Power Plant. So when we look at the 8.5 million Mr. SHIMKUS. Can you tell me the With that, I’d yield to my colleague, people that rely on the drinking water, disposition of what’s going on with the Mr. DOLD, to kind of talk about Zion, much less the recreation, the fishing, Zion Power Plant? What’s going on the State of Illinois, and its location. all of the different forms of commerce there right now? Mr. DOLD. I want to thank the gen- that happen on our Great Lakes, this is Mr. DOLD. The Zion Power Plant has tleman for yielding and certainly for something that I think is critical. actually been decommissioned at this taking this issue up, which I think is The Senators from both the State of point in time. So right now they are so very, very critical not only for just Illinois and the State of Wisconsin putting it in mothballs, they are tak- the State of Illinois but for facilities have all been in favor of trying to uti- ing the spent fuel rods, they’re in all across the country as we look at lize this facility out at Yucca Moun- casks, they are being transported to a how we can best store the used mate- tain, and it just makes sense. location that’s on the site. It’s just lit- rial from the nuclear facilities—the Why would we want to store, Mr. erally a few hundred feet away from spent fuel rods, more specifically. Speaker, over a thousand metric tons the beaches there, and probably about If you’ll notice here in Zion, which is of nuclear waste hundreds of feet away 20 to 30 miles north of the city of Chi- just north of the district but certainly from the greatest source of fresh sur- cago. affects the district just north of Chi- face water in our Nation? It is indeed This is not the place that we want to cago and the 10th district which I rep- the jewel of our ecosystem. This is be storing spent fuel rods. resent, it’s right on the shores of Lake something that we need to protect, Zion was a great source of electricity Michigan. The Great Lakes, 95 percent something that we need to have a long- for the people around the area and has of all fresh surface water in the United term vision for. been decommissioned over the last 2 States is from the Great Lakes. Yet what we don’t need to do is have years. So it is now sitting idle, and When we look at the amount of scattered sites all across our country they’re trying to go through the proc- drinking water that the State of Illi- of nuclear waste that has a greater po- ess of dismantling it. nois uses, it’s an enormous percentage. tential for disasters to happen. They’re b 1520 It’s coming from the Great Lakes. Yet, being stored right now in casks that in our infinite wisdom we’ve decided are about 5 feet above the ground Mr. SHIMKUS. Yes. I think I briefly that we want to store the fuel rods just water, above the water table, and what tried to show this article from The Salt a sheer several hundred feet from the we’d like to do is take it a thousand Lake Tribune, dated December 8, which shores of Lake Michigan, 5 feet above feet above the water table, a thousand talks about some of the reactor parts the water table. feet below ground. that are going to go out to Utah. If we take a look at Yucca Mountain, This is something that makes abso- What the article ends up saying is: the reason why Yucca Mountain was lutely perfect sense, and I welcome the The site will not, however, take the chosen was Yucca Mountain is unique- gentleman’s colloquy in terms of talk- Illinois plant’s used fuel rods. The ly suited as the premier place. If we ing about not only this site, and I United States currently has no site to were to store any place spent fuel rods, thank you for bringing it up week after dispose of spent fuel from commercial this would be the ideal location. A week, trying to make sure that we try reactors, a form of high-level nuclear thousand feet below the ground. A and get through to our colleagues on waste. thousand feet above the water table. A the other side of the building to make So if we don’t have a location, where very dry, arid environment. And cor- sure they can move this commonsense is that high-level nuclear waste, the rect me if I’m wrong: Where are the piece of legislation forward. spent fuel, going to remain? nearest inhabitants of Yucca Moun- How much have we spent already at Mr. DOLD. It’s going to remain, seri- tain? Is it 100 miles? Yucca Mountain? I think it’s in the $14 ously, right in the middle of a high- Mr. SHIMKUS. The city of Las billion range. population area and hundreds of feet Vegas, which is the major metropolitan Mr. SHIMKUS. My colleague is cor- away from the jewel of our ecosystem— area, is a hundred miles from Yucca rect. We’ve already spent about $14.5 in the Great Lakes, in Lake Michigan. Mountain. billion dollars in the research, the de- It’s the wrong place for it to be. Com- What people have a hard time under- velopment, the exploration, the test- mon sense would say to move it out to standing about the nuclear test area, ing. A lot of money, time, effort, and a place, to a location, just like Yucca this is where the nuclear test site was. some of our greatest minds have been Mountain; $14 billion of research and The Federal Government owns numer- involved. dollars have gone into the site. Let’s ous parcels of land around Yucca I don’t really think you have to be put it 1,000 feet below the ground, 1,000 Mountain. The communities right out- one of the greatest minds. The point I feet above the water table, in an arid side the reservation—and I think the always say is, common sense says in environment. It’s absolutely perfect for whole test site area is like the size of the desert underneath a mountain. it. It’s something that we should move New Hampshire—but the communities, Isn’t that where you would want high- forward on. It’s in the best interest and what’s interesting about this debate, level nuclear waste versus right off the safety of the American public to do the communities right outside the gate shore of Lake Michigan? something along these lines. are fully supportive of Yucca Mountain Mr. DOLD. It seems certainly like Mr. SHIMKUS. I’m told that Zion is, being the repository for high-level nu- common sense to me, and I certainly what, 40 miles from downtown Chicago.

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19273 Mr. DOLD. It’s 40 miles from down- The poster that the gentleman has ‘‘Here’s why that is potentially a big- town Chicago. So, obviously, in the presented in regard to my great State ger problem than a meltdown: In the greater Chicago area, you probably and my neighboring State of South Japanese reactors, as in many U.S. re- have about 6.5 to 7 million people. It’s Carolina as to what we’re faced with is actors, the spent fuel is housed in large certainly not what we want to have in equally as telling. I think it might be water-filled pools in the reactor build- terms of this nuclear waste disposal. instructive, Mr. Speaker, if I go back ing but outside the concrete-and-steel Mr. SHIMKUS. The reason this is im- and take a walk down memory lane fortress that surrounds the reactor portant is, unfortunately, due to just a little bit in regard to my back- core. Fukushima Daiichi in Japan, which is ground. ‘‘If the core melts down, any radi- a great tragedy. A lot of people think When I was growing up in North Au- ation released is likely to be partly about the containment issue, which gusta, South Carolina, this central Sa- bottled up by the containment vessel. has always been the fear. Part of the vannah River area, which includes the ‘‘Not so for the spent fuel pools, Fukushima Daiichi problem was the southern part, if you will, or the west- which often contain far more radio- spent fuel in the pools, which might be ern part of South Carolina and the active material than in the reactor. If a bigger environmental disaster based eastern part of Georgia, is separated by the water that keeps those rods cool upon things that cannot be planned. the Savannah River. There was a facil- drains or boils away, the used fuel can That’s why we continue to push this. ity built on the South Carolina side in catch fire. Result: A dangerous plume I appreciate my colleague for coming a town called Ellington, South Caro- of extremely high radioactivity spewed down. lina, back in 1950. I hate to tell my age, into the air. Mr. DOLD. I thank the gentleman for but I was 7 or 8 at the time. Mr. Speak- ‘‘Obvious question: Why do nuclear allowing me to have some time with er, my parents owned a little motel on plants store spent fuel that way? ‘‘Obvious answer in the U.S.: Yucca you today and, again, for talking about the river, and they very insightfully Mountain isn’t open. In the 1980s, the this very important issue. named the mom-and-pop, 25-unit motel Federal Government launched plans to Mr. SHIMKUS. Now I’m going to turn the Riviera Motel. to my colleague from Georgia, who also During the construction of this nu- ship nuclear waste to a storage lair serves with me on the Energy and Com- clear plant, there were 50,000 construc- carved into the mountain in Nevada merce Committee. We have jurisdiction tion workers involved in constructing and let it slowly and harmlessly over this. My subcommittee is the En- that facility for 3 years. Every evening decay.’’ So there are benefits to nuclear vironment and the Economy. I deal when the Sun went down, I can’t tell power. If you’re a climate change per- with a lot of these waste disposal you how happy my parents were to son and if you don’t want carbon diox- issues, nuclear waste being one of turn on that ‘‘no vacancy’’ sign at the ide and if you still want a lot of elec- those. Riviera Motel, because all of these tricity for us to use in all of our new My colleague from Georgia has fol- workers stayed with us. We didn’t get technology, you’ll have to have a gen- lowed this issue as long as I have. The rich; they were only paying $8 a night. erator. Yet, in this case, it’s the used last time I came to the floor, I men- It’s just to point out the importance of fuel. It is properly stored, but it would tioned a couple facilities in Georgia, jobs in the nuclear industry and the ca- be better stored in a single repository but the one that I have highlighted is pability of expanding our employment underneath a mountain in the desert the Savannah River. As I finish, I’ll get sector in this particular lane of energy. for all of those reasons. this picture up to my colleague. In this country right now, today, I’m But the point we’re trying to make told that we produce about 20 percent b 1530 today is that here you have Yucca of our electricity from nuclear power. You’re talking about four reactors Mountain, which is a mountain in a In the State of Georgia, it’s 24 percent. right now in Georgia; two more coming desert. Then you have nuclear waste It’s not much higher. We have two sites online, that’s six; Illinois has 11. There all over this country. Look at this one. and four reactors. We’re in the process are over 104 across this whole country It’s right next to the Savannah River. of adding two more right on the Savan- and, of course, we spent our time talk- At Yucca Mountain, we have no nu- nah River, as the gentleman from Illi- ing about the used nuclear fuel from clear waste on site. At the Savannah nois points out, at Plant Vogtle; and, the industry. River, there are 6,300 canisters of waste hopefully, we’ll get that done. But when I started this debate about on site. The waste would be stored, as The problem, which the gentleman is what do we do with high-level nuclear my colleague BOB DOLD said, 1,000 feet bringing before all of our colleagues— waste, I started with a DOE facility underground; whereas, at the Savannah and hopefully to a lot of other folks that goes back to World War II and the River, it’s stored right below the who are viewing or listening—is: Why development of the nuclear bomb and ground. At Yucca Mountain, it’s 1,000 is it for the last 30 years we have had the Fat Man bomb, which was built at feet above the water table. At the Sa- no new nuclear sites? We’ve literally Hanford, Washington. And all that vannah River, it would be zero to 160 had a moratorium. You have about 103 waste, going all the way back to World feet above the water table. The waste across the country—those in Illinois, War II, is in Hanford. And there are 53 at Yucca Mountain is 100 miles from those in Georgia—and what are they million gallons of nuclear waste on the Colorado River. Well, you can see doing with this spent nuclear fuel? It is site, buried right off the surface of the that it’s adjacent to the Savannah either shallow, underground in pool ground in tanks that are 750,000 to a River. tanks, not very much above the water million gallons each. Only about 40 of So I appreciate the gentleman from table or—even worse—it’s aboveground them—there is over 100. Only about 40 Georgia, Congressman GINGREY, for in these concrete and steel containers. of them are double-lined. That means joining me; and I yield to him to enter Talk about the risk of a terrorist at- the rest are not. Some are leaking. into the colloquy. tack in a radiation release. Mr. GINGREY of Georgia. Will the Mr. GINGREY of Georgia. Mr. Speak- So the gentleman was so generous to gentleman yield? er, I am glad to join my colleague from ask me to join him in this colloquy Mr. SHIMKUS. I yield to the gen- Illinois, the chairman of the Environ- about the issue. I’m looking forward to tleman. ment and the Economy Subcommittee continuing, as I yield back to him, to Mr. GINGREY of Georgia. And the on the Committee of Energy and Com- discuss the real problem here of what question of who is responsible in Han- merce, on this very important subject. to do with that spent fuel. ford or Barnwell, South Carolina, or Our colleagues from Illinois specifi- Mr. SHIMKUS. Again, I appreciate New Ellington to guard and protect, a cally pointed out the existing situation your joining me today. tremendous burden on the States. But in their State in regard to these nu- I want to quote from a Chicago Trib- even if the Department of Homeland clear reactor sites in Illinois and what une editorial of March 19. I’ll just read Security—maybe they do some over- they do with spent nuclear fuel. three short paragraphs: sight and protection of these sites. But

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19274 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 103 different sites across the country, Mr. GINGREY of Georgia. I have had the number is—Members who are just how much simpler, how much safer, the opportunity, as a Member of Con- Republicans. We have 242. That means how much cheaper if they had one site gress, and particularly as a member of we brought a lot of our colleagues from to protect, that being 100 miles from the Energy and Commerce Committee, the other side on this debate. Some of Las Vegas at Yucca Mountain? Mr. Speaker, to travel to France and those really believe that the future is Mr. SHIMKUS. Continuing to speak Scandinavia recently to look at their reprocessing and that we ought to be on this issue of just looking at it, to nuclear facility but, in particular, exploring that, and it’s much better to kind of get away from just the nuclear their ability to reprocess in France and have them located where you can re- generating profit sector, to address our their ability to store in Scandinavia. cover that material. We have described a little bit about responsibility as stewards of a program b 1540 that was developed to stop World War the physiognomy, if you will, of the II and then eventually remedy these Yucca Mountain area, the nuclear test If my colleague from Georgia environments that had an environ- site, that arid desert of northern Ne- wouldn’t mind, we are joined by an- mental impact. vada; and they have, in Scandinavia, other colleague from Illinois. People Yucca Mountain, the waste storage developed a laboratory. I think they wonder why we take up this cause. It’s plan for Hanford—and I’ve just toured call it The Clad. But it is literally 1,400 because we’re a big nuclear State. It’s it this year. The plan to gather up, meters below ground in bedrock, and about 50 percent of our electricity gen- deliquify, reprocess, put it in these you could drive 18-wheel trucks down eration. I do a lot of coal. Coal is very canisters is designed to go to one loca- to something like 2 miles deep in the important to me, but we are a nuclear tion. Do you know what that location ground where their spent nuclear fuel power State which means we have a lot is? That location is Yucca Mountain. is stored. And that’s the model, and of sites, a lot of reactors, and we have So our failure to move forward, or that’s really what we are looking at a lot of nuclear waste. our failure—actually, the other Cham- and planning for at Yucca Mountain. So I yield to my colleague and thank ber’s failure, the leader of the Senate’s Nothing, really, nothing could be safer him for coming down. failure, the President of the United in regard to storage. Mr. KINZINGER of Illinois. I thank States’ failure, just tells Washington The other thing is, while we were in my colleague from Illinois. I just want State what? Guess what. You’ve got France, we looked at a facility where to say thank you for your leadership on this high-level nuclear waste that’s they take that spent fuel, Mr. Speaker, this issue, among many other things. leaking, that’s close to the Columbia and they reprocess it. So at some point This is an issue that is very important. River, and just deal with it. Just deal in the future, we decide and we have It is important not just for the coun- with it. the technology to do that, that source try. It is important for my State, and I find that unacceptable after, as my of spent nuclear fuel that’s stored in it’s important for my district. The 11th colleague from Illinois said, $14.5 bil- Yucca Mountain could be used to recy- District of Illinois is kind of north cen- lion we’ve spent to prepare this site at cle and to get more energy out of this tral Illinois. It’s a beautiful place. Yucca Mountain only to have it spent nuclear fuel. Come spend money there sometime. stopped for political purposes. It’s beyond me how a President, by But we have three nuclear power Mr. GINGREY of Georgia. Well, if the Executive order, can stop the will of plants there. In fact, at each nuclear gentleman will yield to me again, and Congress. And maybe we ought to talk power plant of course there is stored I appreciate the opportunity to discuss about that in regard to things like the nuclear waste on site. And then we also this, because what year did we commis- Keystone energy pipeline and expand have an area that was intended to be sion a group to study—and there were a this discussion a little further. early on, the original site of what was number of potential sites for perma- Mr. SHIMKUS. Again, I thank my going to be nuclear reprocessing in this nent storage from all these 103 facili- friend from Georgia for helping out on country, and now it is really just a ties—one unified central site? the Special Order and just addressing pool with stored nuclear waste in it. I’m relatively sure—the gentleman the issue of recycling. What do we do? So in one district—I think there’s 131 could correct me if I am wrong, but it Because those of us who follow the nu- locations across the country where we was at least a 5-year process before it clear fuel cycle, most people want it are storing this nuclear waste, and in was settled in 1987 and Congress at that closed. And how do you get it closed? my district alone we have four of time designated Yucca Mountain as the You get it closed by getting as much those. So this is an issue that is very sole site for permanent high-level nu- energy out of the fuel rods as you can. important not just to the people of Illi- clear waste repository after years of You do that by reprocessing. But it nois, the people of the 11th District, contentious applications. would make sense that if there was but mainly to the people of this coun- So this is set in law, is it not? someone who is going to attempt to do try. Mr. SHIMKUS. The Nuclear Waste that, that the nuclear fuel would be I mean, Yucca Mountain, the fund Policy Act of 1982 established Yucca close by. was created for this sole purpose of Mountain as the national repository There’s probably some discussions finding a place, a safe place, a safe al- for high-level nuclear waste. And, about if we were going to have a re- ternative to store nuclear waste. again, for the educational purposes, processing facility sometime in this Now, going back to the very begin- Mr. Speaker, that is spent fuel. Some- country like France, where would you ning part of the debate as to why do we times it’s spent nuclear waste from our locate it? Where would it be situated? I need nuclear power, I think we have Department of Defense, now controlled mean, I am just a layman in this de- addressed that. I think most Ameri- by the Department of Energy sites like bate, but I think you would want it cans are on board with the under- Hanford. close by where the nuclear material is, standing that it is good, clean power. It Our argument is: Let’s consolidate the material that you want to use to provides a lot of great jobs. I have this waste safely, securely at one loca- reprocess, to create fuel. toured some of the plants in my dis- tion so that, as my colleague from I can’t speak for the entire body. I do trict, and I can tell you they are good, Georgia says, we can more safely, I know that the House spoke on Yucca high-paying American jobs. They take think, effectively, I think, efficiently, I Mountain and bringing a finality to us on that road to energy independ- think, cost effectively manage, pro- this—297 Members voted to ensure that ence. So understanding then that we tect, and eventually try to remediate we had the final dollars to do the final need nuclear power and understanding some of the damage that’s been done scientific study to move this process that nuclear power plays an important over decades because of this high-level forward. And in that debate, it just role, we have to talk about the unfor- nuclear waste being located all over showed that the will of the House was tunate side of it, which is the storage. the country. supportive and this is bipartisan. I Yucca Mountain has been, or was I yield to the gentleman. mean, we don’t have 297—or whatever being, created until it was zeroed out

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19275 for the purpose of storing all of this makes sense. I think the colleagues Mohseni, acting director for licensing waste; and it just makes sense. You that are joining me here today will say and inspections at the NRC, made this know, regardless of whether we build the same thing: this just makes sense. remark: ‘‘Some senior managers con- the nuclear reactors or reprocess them, Mr. SHIMKUS. And part of this de- tributed to the manipulation of the we have to store this somewhere. Now bate about the nuclear waste and budget process and information to ap- here’s the question, though. If Yucca where it’s stored and the nuclear waste parently make sure that the Yucca Mountain is technologically unable to fund has been litigated in Federal Mountain project would be left un- store this fuel, then I would think the court, and the courts have said it is the funded even if the license application NRC, the Nuclear Regulatory Commis- responsibility of the national govern- was still before the NRC. We were un- sion, needs to come out and tell us it’s ment to take this waste as part of the prepared for the political pressures and technologically insufficient and show law, complying with the law. Obvi- manipulations of our scientific and li- us why. ously, we have no place to take it. So censing processes that would come But they’re not doing that because we end up having the utility store the with the appointment of Chairman the truth is technologically it’s almost high-level nuclear waste on site; and Jaczko in 2009.’’ perfect, as far as something like this some of them, some have not asked us Mr. GINGREY of Georgia. But, fortu- would go. But the chairman of the NRC yet, some of them we are actually pay- nately, if I might interject, the board has turned this into not necessarily ing to hold the waste that we’re sup- of the NRC rejected that, rejected what what’s the right thing to do for the in- posed to be holding. he recommended. dustry, what’s the right thing to do for Mr. KINZINGER of Illinois. If my Mr. SHIMKUS. Reclaiming my time, the country, but what’s the political colleague wouldn’t mind, and you men- I would kind of close this circle, Mr. tioned it just a few minutes ago, this thing to do, and turned the commission Speaker, reminding folks that the idea passed this body with a large ma- into a political commission. chairman of the NRC, Mr. Jaczko, used jority. That to me seems like this is When you talk about this and when to work for now-majority leader in the the will of the American people. It’s you talk about the safety of our coun- Senate, HARRY REID. And it’s the ma- not just some agenda or some crazy try, I think for something very basic jority leader in the Senate that is pie-in-the-sky idea. This is the will of like this, and I think it is very evident, blocking the funding for the final sci- the American people, and it’s the re- I think we should take politics out of entific analysis, and it is the chairman sponsibility of us to ensure that we’re that. And I would think all of my col- of the NRC who used to work for the being safe. I mean, it just seems very leagues joining me today would agree majority leader who is complicit in basic to me, and so I’m having a hard this doesn’t need to be a political issue. this plan to shut down an investment We need to have the NRC free of the time figuring out how and why politics has come into play on this. I think this of this country of $14.5 billion to com- political manipulations; and only is a debate we solved decades ago. But ply with Federal law that we passed in President Obama, frankly, can deter- nonetheless, out in Washington, D.C., 1982. mine the fate of the chairman. I hope nothing surprises me in the 10 months Now, in 1982 I was serving my coun- he takes that into account. I hope he I’ve been out here. try as an Army lieutenant in West Ger- takes into account what’s the right Mr. GINGREY of Georgia. If the sub- many before the Wall came down. thing to do for this country in the long committee chair from Illinois would That’s a long time ago. This has been run. yield to me, if the gentleman from the the policy of this country for decades. So we have great jobs here. We have 11th of Illinois lets the gentleman from And to have one man, one majority a need for nuclear power. Let’s just the 11th of Georgia be somewhat in- leader of the Senate, put a halt to that, complete the puzzle, and let’s put this structive in regard to the politics, be- that’s why we’re down here, because he stuff at Yucca Mountain. cause that pure and simple is what it has raised this to a political debate, Mr. SHIMKUS. If my colleague would is. Of course comments were made in not a scientific debate. continue to discuss this for a few min- regard to the chairman of the Nuclear utes, you mentioned a fund in your Regulatory Commission. b 1550 kind of opening statement. For the But the fact is that it is the Sec- And because it’s a political debate, benefit of the Speaker, could you ex- retary of Energy, it’s the Secretary of what I’m attempting to do over a series plain where this fund comes from and Energy. This Secretary of Energy, a of weeks is go around the country and who is paying into it and what is it de- Nobel Laureate in nuclear physics who signed to do and what’s going on with was essentially told by this adminis- just identify where is high-level nu- it right now. tration to tell the Nuclear Regulatory clear waste stored, and would it be bet- Mr. KINZINGER of Illinois. Look, if Commission that he was requesting ter for that waste to be stored under- you pay for any kind of nuclear power, that the license application for Yucca neath a mountain in a desert, the most ratepayers pay for this fund. Mountain be withdrawn from the NRC, investigated piece of property on the Mr. SHIMKUS. So you have constitu- taken out of their hands, the licensing history of this Earth. There is no piece ents who have been paying into this process stopped with prejudice. of property that has been more studied fund? Now, I’m not a lawyer, but if there than Yucca Mountain anywhere on the Mr. KINZINGER of Illinois. Sure. are any lawyers in the body, they un- face of this Earth. And paying for a long time. Let me derstand when you withdraw some- So I know this is hard for some folks add, for every year we delay opening— thing with prejudice, that means you to see. We’re doing a tally as we go Yucca Mountain is not going away; it can’t bring it back up. So this $14 bil- around the country to look at, where doesn’t disappear off the face of the lion that has been taken out of the are the votes? And we have 27 people, Earth—for every year we delay, it’s ratepayers from the 50 States, or at bipartisan, who have said this is where costing us half a billion dollars more least where these 103 reactors exist, it should go from Washington State; of than what it’s ultimately going to they are paying for this. And yet this course, Illinois and Wisconsin, Georgia, cost. political pressure on a gentleman who’s South Carolina, Arizona, Idaho, Utah, So my constituents, your constitu- got to be much, much smarter than Wyoming, Maine, Vermont, Florida, ents, anybody who uses any aspect of any of us, a Nobel Laureate in nuclear Alabama, Mississippi, and Louisiana. nuclear power, which is almost every- physics; if I were him, as soon as that We have new Senators who have not body, has been paying for this. This word came down to me and I got the had an opportunity to publicly either isn’t some giant expenditure we’re memo from the White House, I would make a statement on it or cast a vote. going to have to make out of the gen- immediately resign over righteous in- They’re in the middle. We have 27 eral fund when we don’t have any dignation. ‘‘yes,’’ 8 unknown. We’re going to give money. This is already being funded. Mr. KINZINGER of Illinois. If I can them the benefit of the doubt. It’s already being paid for. It only just say quickly on that point, Aby MERKLEY. FEINSTEIN was a ‘‘no’’ but

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19276 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 Fukushima Daiichi and the two nu- the mountain? None. How much is on to make friends with the world, to be a clear power plants that are on the Pa- the Pacific Ocean right on the coast- good member of the international com- cific Ocean in California and the high- line? There’s the photo. That’s 2,300 munity in the United Nations and level nuclear waste that’s stored in waste rods on site. The waste would be under international bodies. ponds have her in a quandary based stored a thousand feet underground at We’re not the ones who believe that upon the representation of that State. Yucca. The waste is stored above the the world is a scary, dangerous place TESTER of Montana, unknown; LEE of ground in pools right on the shoreline and we’ve got to jack up the military Utah; BROWN of Massachusetts; AYOTTE of the Pacific Ocean. The waste would as much as we can. We’re not the ones of New Hampshire; SHAHEEN of New be a thousand feet above the water who think that the rich don’t have Hampshire; WICKER of Mississippi. table here. Of course, as you can see enough money and the poor have too Bona fide ‘‘noes’’: REID of Nevada, from the photo, the waste is right next much. We’re not the people who believe HELLER of Nevada, CANTWELL of Wash- to the Pacific Ocean. The waste at in dividing Americans based on culture ington, BOXER of California, BAUCUS of Yucca Mountain would be a hundred and color and gender and urban versus Montana, KERRY of Massachusetts, and miles from the Colorado River. Again, rural. We believe in unifying Ameri- SANDERS of Vermont. you can see the waves breaking almost cans and having equal rights for all So it’s a chance to use the bully pul- right up to the nuclear generating sta- people. pit and my position as chairman of the tion between LA and San Diego. Yes, we are liberal, and we are proud subcommittee to help educate not only I’ve gone to Massachusetts. I should of it. We’re the Progressive Caucus. the floor, my colleagues, the Speaker, have talked about Florida today. I’ve Today, Mr. Speaker, I’m here to de- those who are following us, that there’s talked about Illinois. DOE locations liver the Progressive message. The Pro- got to be a better way to store high- like Washington State. There’s a lot of gressive message is what we’re talking level nuclear waste than in pools next nuclear waste defined differently all about today. The topic I’m going to ad- to Lake Michigan, next to the Savan- over this country. Let’s do the correct dress, Mr. Speaker, is going to be jobs nah River, next to the Pacific Ocean. public policy and get it at a single rein this American economy. Surely, there’s a better place. And we pository in the desert underneath a Today, Mr. Speaker, we want to know there is. mountain. speak as bipartisan as we can, but Thirty years of study and research— With that, Mr. Speaker, I appreciate there’s no question that the arguments Federal law says Yucca Mountain in your diligence, and I yield back the that we have in Congress have a par- the desert underneath a mountain is balance of my time. tisan tone. Therefore, for us to sit up probably as good a place as you’re f here and say we’re all just getting going to find, at least in the United along here in Congress and we don’t CONGRESSIONAL PROGRESSIVE States. have a different point of view would be CAUCUS Mr. KINZINGER of Illinois. If the not exactly being straight with the gentleman would grant me just a mo- The SPEAKER pro tempore. Under American people. ment. When you said there’s a moun- the Speaker’s announced policy of Jan- 1600 tain in the desert, or there’s I think 131 uary 5, 2011, the gentleman from Min- b locations as it exists today, I can tell nesota (Mr. ELLISON) is recognized for So we’re going to say that the de- you I have four of those locations in 60 minutes as the designee of the mi- bates that we have been having in the the 11th District in Illinois. I believe nority leader. House of Representatives have to do nuclear power is safe, effective, cheap, Mr. ELLISON. My name is KEITH with those of us who believe that we as efficient. But right now there’s four ELLISON. I am the cochair of the Pro- Americans need to live in harmony nuclear storage waste facilities in the gressive Caucus and a Member of Con- with the planet, need to try to cut district. That’s by the Midewin gress from the great State of Min- down our carbon footprint, need to try Tallgrass Prairie. That’s by populated nesota. I’m here claiming time to to diminish pollution. And those others areas and towns. speak on behalf of the Congressional of us—mostly on the Republican side of There are a lot of big issues going on Progressive Caucus. the aisle—who make the case that, for in Washington, and this probably isn’t The Congressional Progressive Cau- the sake of industry, we have to sac- at the top of people’s priorities, but I cus, Mr. Speaker, is 77 members in the rifice our health, our lungs, our good would encourage anybody that’s watch- United States Congress who believe clean environment, they’re making ing us right now who sees their sen- that when we say the Pledge of Alle- that case. ator’s name on that board you had up giance and we say liberty and justice We’re trying to ask Americans to earlier and says, Hey, my senator is a for all, that means all—all means look carefully at the different pro- ‘‘yea,’’ call and say, Thank you. En- blacks, whites, Latinos, Asians, grams that are being offered on this courage that senator if they’re unsure. straight, gays, the senior citizens and House floor and to make a decision: Do If they have the three yellow question the youngest among us, people with you believe that we have a responsi- marks, probably call that senator and disabilities and people who are able- bility to the poor? The Progressive say, Hey, I really would like to get you bodied. It means the great mass of Caucus does. onboard with safe nuclear storage. And American people included in ‘‘in lib- Do you believe that public employees if they’re a ‘‘nay,’’ please call them erty and justice for all.’’ and government brings quality and im- twice. Because we react to what we The Progressive Caucus believes in proves the quality of life for Ameri- hear. And if the American people want economic justice. We believe in civil cans? Not all the time. Government safe storage—and I know they do—then rights and human rights for all people. needs to be refined like everybody. But this is the right alternative. We believe that public employees are the Republicans and conservatives in Mr. SHIMKUS. I appreciate, again, valuable to our society, and we honor this House who make the case that my colleague for coming down for this and respect the services that they give government is the problem, we whole- hour of discussion on really what to us. We believe that America, with heartedly reject that point of view. should be the national policy on high- our awesome military power, should That is wrong. We believe in a mixed level nuclear waste in this country. use that power to promote peace in the economy, where the private sector and I didn’t get a chance to go through world. We are the ones who called for the public sector exist to benefit the all the areas but I’m going to end with the U.S. to not go into Iraq. When we American people in general. Yucca Mountain versus the San Onofre went in there, we were the ones to push So we’re here to talk about these Nuclear Generation Station between to get us out. We are the ones who are things tonight, and we’re here to lay it L.A. and San Diego. This is one of the raising the issues around Afghanistan. on the table so that Americans of all ones I’m talking about. How much nu- And we’ll continue to argue the case backgrounds, all colors, all cultures, clear waste is in the desert underneath for diplomacy and for development and all faiths can make decisions about

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19277 what kind of America they want. Be- ernment—then that’s going to cut the ents coming through the door asking cause there are clearly two different number of customers that come to me to write a will, to incorporate their visions of what America is about being them. That is going to hurt their busi- business? Could I get some clients to offered on this House floor every day ness. Government helping business to say, Would you represent me in this ac- for the last year and for the next year, thrive. cident? Or, I got in a little trouble. and I think Americans should be able Ask a trucker, somebody who may Would you represent me in that? to say, I think this is the kind of own their own rig or maybe somebody Clients is what I needed. And if my America I want. And others who think who owns a trucking company. If we customers didn’t have any money, they that rich people don’t have enough don’t have public roads, highways and wouldn’t be able to hire me. But if the money and poor people have too much, things like that—that’s the govern- customers aren’t working and the they can support the Republican pro- ment—where would their business economy is poor and there’s no money gram. model be? circulating amongst working folk, my Mr. Speaker, I want to talk a little The Internet. Think about Google. business suffered. And if people were bit about jobs tonight; and, therefore, I Think about all of the wondrous eco- doing well, my business would thrive. just want to make the case that, again, nomic activity associated with the You ask any business person: What I don’t think it’s a good idea to always Internet. Well, the Internet was started would you rather have, a tax cut or a draw the partisan divide, but I think it by the government—yes, it was. lot of customers? They’re going to say, is important to be honest. And my Re- I’m telling you that, whether it’s the Customers. I want customers. publican colleagues just have not— National Institutes of Health coming And so this claim that the Repub- even though they’re the majority— up with lifesaving innovation and fund- licans make, that we don’t need to have not introduced a single bill for ing important basic research or wheth- make sure that the average working jobs this whole time they’ve been in er it is the Food and Drug Administra- American is doing well, we just make the majority. tion giving Americans confidence that sure that the money gets up to the top They will say, Oh, yes, we’ve brought when they buy that product it’s not and it will trickle down, is not true. jobs. We had jobs bills. We had jobs going to kill them, the government And I’m so glad that the President bills. Didn’t you see us cutting the helps business thrive. It helps the mar- made that point today. EPA? ket operate properly so that we don’t We’ve got to destroy myths around That’s not a jobs bill. have caveat emptor, so that the buyer this economy because, again, there are Didn’t you see us trying to let ce- doesn’t have to beware. The buyer people who tell self-serving narratives. ment companies be able to emit more knows that somebody somewhere is They tell stories and narratives that pollution in the air? looking to make sure that the food is help them make more money. That’s not a jobs bill. edible and the water is drinkable. I’m sure that the Koch brothers, who Didn’t you see us trying to let coal Now, my friends on the Republican have given a lot of donations around companies, electric coal companies be side of the aisle that say government and who own this big refinery and able to put more emissions in the air? doesn’t do anything to help the econ- make a lot of money, would really like That’s not a job bill. That’s just say- omy are wrong. it if we all believed that giving them a ing industry can do what it wants to I was so proud to hear the President huge tax cut and getting rid of environ- our lungs. discredit the false economic theory of mental regulations was good for the But a jobs bill to help rebuild Amer- trickle down. What is trickle down? economy. Of course we don’t believe it ica’s infrastructure? Haven’t seen that Mr. Speaker, trickle down is the theory because it isn’t true. But we know that from our friends on the Republican side that, look, if we give as much money as if we keep on arguing, that masses of of the aisle. A jobs bill that would help we possibly can to the richest Ameri- American people will say, You know refurbish public buildings like schools, cans and we take it from the poorest what? I think it’s okay to have unem- haven’t seen that. They don’t want to Americans and the middle class, then ployment insurance for people who are do that. maybe the rich people, through invest- out of work. You know, I think it’s A jobs bill that would say, Look, you ments and stuff, will put money into okay to, in an economy like this, to ex- know what? We need to train Ameri- the economy and maybe it will trickle tend the payroll tax cut. cans to be able to do the jobs of the down and other people will be able to Rich people get tax cuts. Republicans 21st century and to promote solar, get something out of it. Well, the like it when rich people get tax cuts. wind, biomass, the waves, all these President said it’s an okay theory ex- They don’t like it when working mid- kind of ways that we can live in har- cept for it doesn’t work. dle people get tax cuts. They would mony with the Earth and power the The President’s right: Trickle down rather have just the rich people get Earth at the same time. They haven’t is a failure, and trickle down doesn’t them. had any jobs doing that. To make our work. I’m so glad that the President But the fact is people are waking up grids smarter, our electrical grids really helped explain this to the Amer- all over America. They’re saying, Hey, smarter, they don’t want to put money ican people. Because trickle down, at you know, when I voted last time or I in that. They think that is a waste of the end of the day, it doesn’t trickle didn’t vote last time, I was upset be- money. down. It just stays up there. And that’s cause of the job situation. And my The fact is Republicans have not why we see so much wealth con- friends on the Republican side of the come up with a jobs agenda. I call it centrated in the hands of so few, be- aisle didn’t get to the business of jobs. the Republican no jobs agenda. cause Republicans think the only way They got in here going after the EPA And, you know, it’s clear that the to make the economy work is to cut all and going after tax cuts for the government has an important role in of our health and environmental regu- wealthiest Americans. And because of terms of jobs. You hear some of my Re- lations and to give tax breaks to people that, you know, things haven’t been publican colleagues say the govern- who already have more money than good. ment doesn’t create jobs. This is ab- they know what to do with. Now, I will give President Obama surd. Some of my Republican friends like some credit. Because of the good work Ask any small retailer out there to say, well, you’ve never met a pay- that he has done, we have seen private who’s trying to make a go of it in their roll. I met a payroll. I was a small busi- job growth continue for about 24 local community. They may have a ness owner for many years. I was a law- months. nail shop or they may have a hair shop yer and ran a law firm, had to pay my or they may sell retail clothing or they staff. And it wasn’t taxes and stuff that b 1610 may have just a small little business I worried about. You know what I wor- The problem is we have cut the gov- that they opened up. If they don’t have ried about? Mr. Speaker, I worried ernment so badly, and at the wrong any police protection—that’s the gov- about customers. Could I get some cli- time, that State and local governments

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19278 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 have had to shed public employees left, sold the mortgage, you got the fees out And I’m sure all of them look at each right, and center. We are literally see- of it, send it to somebody else to be other and they say well, you know, we ing gains in private sector employment securitized into a mortgage-backed se- earned it. You can’t tell me that you being offset by cuts in public sector curity. So a lot of those happened. earned that. employment, and it’s unfortunate that And Bank of America bought those This is—and I’m going to tell you, that’s the situation that we have. two companies, and then it started you know, Mr. Speaker, some people So today, I’m here with the progres- causing them losses. And then they want to say, well, they work hard. No, sive message. Today we’re here to illus- said, America, America, we’re going no. This is not true. What they do is trate what’s at stake in America down. Help us, please. And then they they take all that money that they today. And this week, thousands of called us all together in September and make, and they come down here and Americans all across the country came October 2008 and said, we need a bail- they get us to go argue for loopholes here to Washington to raise their out, please. for them, and they—$50 million is spent voices. They call themselves the 99 per- We came up with a bill called TARP lobbying Congress; $130 million spent cent. And I have to say, it’s starting to and Bank of America got bailed out. giving donations to campaigns. feel like the people’s House around Now, the problem is, after Bank of As of 2008, 94 percent of all can- here. America got bailed out and got back up didates with the most money win the I had a number of folks in my office on its feet somewhat, they paid all election. who came on a 24-hour bus ride, Mr. their executives big giant bonuses, And about 261 Members of Congress— Speaker, from my district in Min- they laid off 30,000 people. and there’s only 535 of us—are million- neapolis, to come tell me that, look, What? Yeah. That’s how they repay aires. The average worth here is about you know, we’ve got to rebuild Amer- the American people helping them out. $700,000. And let me tell you, I’m not Citigroup, another one, paid no taxes. ica and put people back to work. Infra- one of those rich guys. I actually live They got saved. They were absolutely structure crumbling, people can work on the money my constituents pay me going down. They probably are, I don’t to rebuild it. because I’m working for them 24/7. And know, Citigroup is a company with a They said, hey, look, you know this yet, you know, I go to the grocery lot of problems. Paid no taxes. income inequality is not working. And ExxonMobil. Now these people are store. I know how much bread costs. And so what I’m saying is, to whom as you give more and more tax cuts making money hand over fist. They are and loopholes to the richest, it just making money. They are very, very, much is given, much is expected. And if ends up hurting us. very, profitable. Why? Because you’re America, Nation that I love so much, I had to tell them that two-thirds of happy to pay $3 gas. If you can go pay has a military which protects us all, all American corporations don’t pay $3 you’d be, like, hooray; this is the has a police department that protects any taxes at all. Two-thirds of all store I’m going to go to. And you know us in our local communities, has a fire American corporations don’t pay any you see it going up to four. And over department that makes sure that Bank taxes at all. And I brought in this the last few years, it’s fluctuated be- of America branches don’t burn to the chart, Mr. Speaker. I pulled this chart tween three and four. ground, America, if one of their execu- out because they were—it was hard for Well, do you think that ExxonMobil tives or employees gets sick, the EMT them to believe. is not making money on that? They are truck, the emergency medical truck is I told them, I said, you know, the absolutely making money hand over going to come help them and bring companies on this chart that I’m about fist because of that, and yet they pay them back to life if they can. The roads to show you, you know, show me how- no taxes. and the bridges that people drive to ever much money you have in your So, look, the fact is—oh, GE. Don’t work on to all these companies, pub- pocket, you paid at least as much taxes let me forget about my friends at GE. licly paid for. as these companies, because if you paid I think they’re the biggest corporation And yet they turn around and say, nothing, then you paid the same as in the world. No taxes. GE pays no yeah, you’ve done all that for us, them. If you got one penny, you paid taxes. America; but we’ve got nothing for more than them. I’m like, look, you know, GE, we, the you. Zero taxes. Bank of America paid no taxes. Now, government, because we’ve cut taxes It’s wrong. And there should be an let me tell the story about Bank of for the wealthiest people, and two- Occupy movement to say so. America, Mr. Speaker. Bank of Amer- thirds of all corporations don’t pay any Now, this is a chart, Mr. Speaker, ica made bad business deals. When you taxes, we don’t have that much money. that I do like to pull out now and make a bad deal in business, you’re We’re in a position where we may have again. And I want to say that I actu- supposed to pay for that. You know, to cut Head Start, home heating oil ally have no beef with Donald Trump things go wrong, people go out of busi- program for senior citizens. Do y’all or Paris Hilton. I’m sure they’re both ness. think you could do a little bit better? nice people. Bank of America, they went and And they say, nope, can’t do nothing But, you know, do you really think bought Merrill Lynch after this guy, for you. This is amazing. You mean to they need a tax break, Mr. Speaker? I this CEO named Stan O’Neal, ran the tell me you’ve got more—the execu- think they’re getting along just fine. company into the ground. They still tives of these companies got more I think that some of my neighbors gave him a golden parachute of, like, houses than they could ever, ever visit; who are firefighters and cops and several hundred million dollars. And I they’ve got more lakes that they live teachers, or who work at the local often joke and say I’d have been happy on than they could ever water ski on. bank branch, or who work at the local to run the company into the ground for They’ve got more $1,500 Armani suits grocery store stocking up groceries, I just a million dollars. But he did it, than they could ever wear. They’ve got think they could use a little help. But they paid him millions to run Merrill more monogrammed shirts that are I do believe that if Donald and Paris Lynch into the ground. And Bank of tailored than they could ever put on. don’t get a tax break, they’ll manage America bought that company. They’ve got more expensive shoes. just fine. And then Countrywide, which is the They travel all over the world. They These are the millionaires and bil- leading predatory lender, subprime fly around in jets. And they won’t pay lionaires of our society. When we cut lender, bought them, Bank of America nothing, and we’ve got to then talk taxes for the richest people, you’re put- did. Got all these bad mortgages that about cutting home heating oil, the ting more money in the hands of these weren’t performing because they were LIHEAP program, cut the food stamp folks. I don’t think that’s wise public never properly underwritten because program. policy. people made money by just selling the I mean, how do you sleep at night? So my point, Mr. Speaker, is just mortgage and then selling the paper. It’s amazing to me. Shocking. Shock- this: you know, you want to talk tax And it was like a hot potato. Once you ing. breaks. We’re actually talking about

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19279 extending the payroll tax deduction so say ‘‘tax burden,’’ I mean, let me tell this time—like to claim that the new that $1,500 bucks, you know, could stay you. Consumer Financial Protection Agency in the hands of people who are really If you want to live in a society where would be reformed before it gets a new struggling. there’s no taxes and therefore no public director. They say they won’t even We asked—in the U.S. Senate there services, you could move to Somalia. allow it to exist. They won’t allow it to was a bill that said, you know, million- That’s what it is. No government. I have a director until they change it. aires, on your first million, we’re not don’t see any of our friends who love— Well, we had a vote and it came into asking you for no more taxes on your I call them the free market fundamen- being. So now they’re trying to wreck first million. But on your second mil- talists—I don’t see them running to So- it before it even gets up and running. lion, can we have 3 percent? You know. malia, moving to Mogadishu. The truth is that these folks who are What do you think? So, Mr. Speaker, I just want to say against consumer protection and the They’re, like, nope, nothing doing. quite frankly that on this Thursday lobbyists that support them are trying I said, even if it’s going to help work- night in this great country, in my view to water down our new consumer ing class people, you know? Will you the greatest country in the history of watchdog’s power so they can’t hold help then? the world, Americans have a question Wall Street and predatory lenders ac- Nope. No. Can’t do it. Cannot pos- before themselves. Are we going to countable. And that’s too bad. They sibly do it. It might sap their incentive choose community, choose each other, don’t want anybody to be the new cop to work. If we were to help the working or is it going to be a selfish pursuit on the beat protecting all Americans class people of America, it might sap where everybody is only on their own? against these predatory lenders. their incentive to work, so we can’t I view America as people who would I’ve always said, look, if you’re offer- help them. look out for each other, even the least- ing a good financial product that helps to-be. people and is fair, why would you be b 1620 Americans don’t think that helping afraid of a little transparency? Only if Tax breaks for billionaires or tax seniors who are on Social Security is a your business model is based on bilking breaks for teachers, police, firefighters, bad thing to do. Americans don’t think and cheating customers would you job training, small business, invest- that helping the poor and the sick is want to fight against a Consumer Fi- ment, better schools, clean energy, somehow a bad thing to do. nancial Protection Bureau. health care, infrastructure investment, In fact, one of the things that illus- Without an enforcer and without real college affordability. trated this national debate we’re hav- powers to crack down on predatory Now, my question is, Mr. Speaker, ing, Mr. Speaker, is something that loans, we will keep on seeing mort- what are America’s priorities? I’ve got happened in the United States Senate gages that are designed to fail from the a feeling that they’re with these folks today, the other body. very beginning, tricking people with down here. I think America would Today, I can’t blame my friends in the fine print, cheating consumers to rather help these folk than these folks. the House, my Republican friends in make a quick buck. Just a wild guess. the House. They didn’t do this one. But So, Mr. Speaker, I see that Repub- So that’s all we’re asking for. This today, Republicans in the Senate voted licans are ready to take the time. I’m payroll tax deduction, you know, to block President Obama’s appoint- happy to yield it. I’m going to yield $1,000, $1,500 in the pockets of people ment of Richard Cordray to head the back the balance of my time in just a who really need it. We asked billion- Consumer Financial Protection Bu- moment. aires and millionaires to pony up just a reau. But I just want to say that America little more. They wouldn’t even notice Now, look, the Consumer Financial was a good idea. America is a good it, wouldn’t have to cancel any of your Protection Bureau came about because idea. But it’s an idea that you have to country club memberships. But they of the massive failure of decency on fight for; and the idea of liberty and said no. Wall Street that resulted in all of the justice for all living in a fair, pros- There is a loss of civic virtue among foreclosures and America having to perous economy is something that some of our most privileged Ameri- bail out the likes of Bear Stearns, and Americans all over this country have cans, but I’m proud to tell you about a Bank of America and a whole bunch of to stand up for and assert because if we group of guys and women called the others. And they said, look, you know, leave it to the big guys, to the 1 per- Patriotic Millionaires. They came to a a mortgage document can be very com- cent, to the people with all the money forum that the Progressive Caucus or- plicated, and we just want to have a and all the dough, they’re going to ganized last week, Mr. Speaker, and bureau that will try to make these snatch this great American Dream the Patriotic Millionaires said, You things simpler so people know what away from us. know what, you’ve invested in research they’re signing up for; a bureau that With that, I yield back the balance of which we used to make our products will say you’ve got to say what the in- our time. f that made us rich. You invested in terest rates are going to be, you’ve got roads and bridges and education that to say what the terms are going to be THE SPECTER OF GLOBAL we used to help make us rich. And we so that we can have transparency. GOVERNANCE love America more than we love all Actually, the real free marketeers The SPEAKER pro tempore. Under that money, and we’re here to pay around here would never be against the Speaker’s announced policy of Jan- taxes. more information and better and more uary 5, 2011, the gentleman from Cali- And then some smarty-pants Repub- effective information going to the con- fornia (Mr. ROHRABACHER) is recognized lican said, Well, if you want to pay sumer. I mean, Adam Smith, the one for 30 minutes. extra and you’re rich, you can. I’m sure who wrote—oh, my goodness, I can’t Mr. ROHRABACHER. Thank you, Mr. the Treasury will accept your checks. believe I can’t remember the name of Speaker. And then one of the Patriotic Ameri- that great book—but the one in which Before I go into my prepared re- cans said something really wise. He he describes the invisible hand and how marks, I would like to point out that I said, You know, America is not a char- markets move and people operate and personally have opposed all of the bail- ity. America is all of our responsi- their individual interest yields the outs and the hundreds of billions of bility, and that’s what taxes are. economy. He said in that book that dollars that the Obama administration I’m here today, Mr. Speaker, to argue consumer information is key to a good has channeled to different financial that taxes are the dues we pay to live market operating. So I don’t know why wheeler-dealers and cronies, like Gold- in a civilized society. Taxes are not a people wouldn’t want a good market to man Sachs and the others that have re- punishment. When they talk about tax operate. ceived so much money as directed to relief, really, from what, from good But anyway, Republicans in the Sen- them from this administration, just to schools and clean water? When they ate—can’t blame the House members put it on the record.

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19280 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 Many of these so-called corporations Prominent scientists who have been As I say, most people think it’s 10, 20, that my colleague just pointed out, if skeptical of the claims of manmade even 30 percent of the atmosphere. In we take a look, when we say if we’re global warming have themselves been reality, CO2 is less—less—than one half going to increase taxes on them, these cut from research grants and have been of one-tenth of 1 percent of the atmos- corporations’ biggest stockholders hap- obstructed when trying to publish peer- phere, and humankind’s contribution pen to be pension funds. What we’re reviewed dissenting opinions. How the to that one half of one-tenth of 1 per- really talking about by trying to say mainstream media or publications like cent is a small fraction of that. So to we’re going to just tax these big cor- the National Journal, for example, say that what we’re talking about is porations, what we’re really doing is have ignored the systematic oppression minuscule, no, that’s not smart taxing the pension funds and are taxing that I speak about is beyond me. enough. What it really is is micro- the entities that provide the money for If you’ve heard the words ‘‘case scopic. the pension funds for the rest of the closed,’’ it doesn’t take a genius to fig- Frankly, I believe that CO2 is so ir- citizens of this country. But that is an- ure out that the purpose of such a proc- relevant that it should not be the focus other issue that I will discuss some lamation is to limit and repress debate. of air standards and regulations. After other day. Well, the case isn’t closed, so let’s start all, it is not harmful to human beings Today, Mr. Speaker, as a strong ad- with some facts about manmade global unless, of course, you stick it into your vocate of human progress through ad- warming and the theory of manmade automobile in the garage and shut the vancing mankind’s understanding of global warming. door for hours and hours at a time. The science and engineering, I rise to dis- First and foremost, the Earth has ex- CO that’s in the atmosphere is not perienced cooling and warming climate 2 cuss the blatant abuse and misuse of harmful. Other gases, like NOX, which science. A few nights ago, I watched a cycles for millions of years, which a are damaging to human health, should video of President Eisenhower’s 1961 significant number of prominent sci- be a much higher priority than CO . entists believe is tied to solar activ- 2 farewell address. Unfortunately, his NOX is harmful to people’s health. It’s much-heralded warnings about the ity—just like similar temperature global pollution, not global warming, military industrial complex, which trends have been identified on Mars that we should be concerned about. were right on target, I might add, that and other bodies in the solar system— Not making this distinction has cost warning has unfortunately obscured and that is the Sun. us billions, maybe more. The tempera- So how about those icecaps on Mars another warning in that farewell ad- ture of this planet isn’t manmade, and that seem to expand and recede, mir- dress that is just as significant. we can’t do anything about it. Our en- roring our own polar icecaps? Doesn’t ergy challenges and the air quality b 1630 that point to the Sun rather than to that we have are man-influenced, if not human activity? After all, there are Eisenhower pointed to the danger ‘‘of manmade. We can do something about very few, if any, human beings around domination of the Nation’s scholars by these maladies. Federal employment, project alloca- on Mars, and certainly millions of But the alarmists are not interested years ago, when we had other cycles in tions, and the power of money is ever in solving those problems. They are the world, there weren’t very many present—and is gravely to be regarded. part of a coalition that wants to human beings, if any, around. So where Yet, in holding scientific research and change our way of life, which requires do the climate cycles come from? What discovery in respect, as we should, we us to acquiesce—or, better yet, to causes climate cycles? must also be alert to the equal and op- frighten us into submission. Make no posite danger that public policy could Right off the bat, let’s acknowledge that manmade global warming advo- mistake: The manmade global warming itself become the captive of a sci- cates, who I suggest are alarmists, do theory is being pushed by people who entific-technological elite.’’ not believe the Sun has no impact on believe in global government. They In my lifetime, there has been no climate cycles. They just believe that have been looking for an excuse for an greater example of this threat, which the Sun has a minimal impact as com- incredible freedom-busting centraliza- Eisenhower warned us about, than the pared to the increasing level of CO in tion of power for a long time, and insidious coalition of research science 2 the atmosphere. Basically, they believe they’ve found it in the specter of man- and political largesse—a coalition that that the Sun does have some impact made global warming. has conducted an unrelenting crusade but nothing compared to the increase For the past 30 years, the alarmists to convince the American people that in CO in the atmosphere. Today, they have been spouting ‘‘Chicken Little’’ their health and their safety and— 2 climate science. This campaign was believe this increase in CO2 in the at- yes—their very survival on this planet mosphere has become very frightening turbocharged in the 1990s when the is at risk due to manmade global because mankind is using fossil fuels, Clinton administration made it part of warming. The purpose of this greatest- which they believe is causing this dra- its agenda, thanks to Vice President Al of-all propaganda campaigns is to en- Gore. One of the first actions that the matic increase in CO2. list public support for, if not just the Similarly, skeptics like me believe administration took was to fire the top acquiescence to, a dramatic mandated the solar activity of the Sun is the scientist at the Department of Edu- change in our society and a mandated major factor in creating the Earth’s cation, Dr. William Happer, a profes- change to our way of life. This cam- climate cycles, including the one that sional who, at the time, dared to be paign has such momentum and power we’re currently in. We also believe that open-minded about the global warming that it is now a tangible threat to our manmade CO2 buildup may have a theory. Al Gore decided Dr. Happer just freedom and to our prosperity as a peo- minor impact. The debate isn’t all Sun didn’t fit in, and out he went. From ple. or all manmade CO2. It’s over which of there, the pattern became all too clear. Ironically, as the crusade against these factors is a major determinant or In order to receive even one iota of manmade global warming grows in even the significant determinant. Federal research funds, a scientist had power, more evidence surfaces every At this point, one other fact needs to to toe the line on manmade global day that the scientific theory on which be understood. Many intelligent people warming. the alarmists have based their crusade believe that CO2—carbon dioxide—rep- There is a biblical quote: ‘‘The truth is totally bogus. The general public and resents 10, 20, even 30 percent of the at- shall set you free.’’ Well, this is a bat- decisionmakers for decades have been mosphere. If anyone is reading this or tle for the truth, and we are up against inundated with phony science, altered is listening to this, answer this ques- a political machine that has been numbers, and outright fraud. This is tion: yelling, ‘‘Case closed,’’ and restricting the ultimate power grab in the name of What do you think the percentage is Federal research grants only to those saving the world; and like all fanatics, after all we’ve heard, time and time who agree with them. disagreement is not allowed in such en- again, of how CO2 is changing the cli- That we have politicos who believe in deavors. mate of our planet? centralizing power and are willing to

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So if it gets colder, or it gets warmer, entists are supposed to be all about. That’s what we as skeptics believe. the alarmists will have their way be- Because of the retaliation of those This is another natural climate cycle, cause that’s being caused by too much alarmists in charge of bestowing the and it’s been going on, as was the 500- CO2. Federal research grants, opposition to year decline in the Earth’s tempera- Well, what is being caused? Well, this power grab has taken time to coa- tures. If it’s going up a little bit now, whatever it is, it’s being caused by it. lesce; but the opposition to the man- that is a natural climate cycle. And so they changed the words from made global warming theory is now To alarmists, however, the sky is global warming to climate change and evident and won’t be ignored. falling. A couple of degrees warmer and have replaced, as I say, global warming There have been major conferences the sky is heating, or it’s falling, that with their climate change. here in Washington and at other loca- is, or heating, and all of this is caused Well, I guess they think that we tions around the Nation, with hundreds by mankind pumping CO2 into the air. would just forget about the predictions of prominent members of the scientific This theory of manmade CO2 causing and their predictions over and over community. Individuals, many of global warming emerged when sci- again being 100 percent wrong. Even whom are renowned scientists, Ph.D.’s entists mistakenly believed that the the much-touted melting of the icecaps and heads of major university science data they were studying from ice cores has now reversed itself in the last few departments, including a few Nobel indicated that a warming of our planet years. According to the most recent Prize winners, have all stepped up and was happening after a major increase data from the National Snow and Ice spoken out. in CO2. Data Center in Boulder, Colorado, not However, later, it was found that the all the icecaps are melting now. b 1640 ice cores were misread. Nicholas There’s melting, and there is also re- Even with little news coverage, this Caillon pointed out in Science maga- freezing going on. group, who are accurately referred to zine in 2003 that the CO2 increase So the polar icecaps aren’t going as skeptics, are gaining ever more rec- lagged Antarctic deglacierization away and, yes, the polar bears are not ognition and ever more influence. They warming by 800 to 200 years, give or becoming extinct. They were put on face a daunting challenge, however, take 200 years. So the heating came the extinct list even though they and they, as I say, have to fight for any first, and then the CO2 increased, not weren’t extinct. In fact, there are some attention, even though they have just the other way around. number of polar bear families that are as good credentials as those people who Yes, when Earth heats up, there is growing dramatically in the last few are advocating on the other side. For a more CO2. But we’ve been told the op- years, even as we were warned that list of some of these credentialed and posite over and over again, and we were polar bears were becoming extinct. very well-respected skeptics, one can told it was the CO2 that was making Warming has ended, but the power visit my Web site. I’m Congressman the Earth heat up, and they were tell- grab continues. What we are now find- DANA ROHRABACHER from California. ing us that the Earth will keep heating ing out is exactly how ruthless and, So what is this apocalyptic manmade up until it reaches a tipping point, and yes, deceitful that power grab has been. global warming theory that the then there will be a huge jump in the One example of blackballing is of globalists and radical environmental- temperature. The temperature will prominent scientists like Dr. William ists would have us believe? It is that shoot up once it reaches this tipping Gray, Emeritus Professor of Atmos- our planet is dramatically heating up point. And we could expect, this is pheric Science at Colorado State Uni- because we human beings, especially what we were told over and over again versity and the head of the Tropical Americans, put large amounts of CO2 by the scientists predicting over and Meteorology Project at CSU’s Depart- into the atmosphere as a result of over again that we could expect this ment of Atmospheric Science. Gray using oil, gas, and coal as fuel. warming to go on and on until we quit had the courage and honesty to point The CO2 has an impact in that it en- using CO2 and quit using these CO2- out that there have not, in recent traps a certain amount of heat in the emitting fossil fuels as a major source years, been more or stronger hurri- atmosphere, thus dangerously warming of our energy. canes and other such storms than in the planet. We have been warned about The future they described was hot the past. No more research grants for huge changes in our environment, in- and bleak, but their frightening illu- him, no attention in the media, either. cluding a 10-degree jump in the overall sion began to disintegrate when, about Zealots can usually find high-sound- temperature, and thus a serious rise in 9 years ago, even as more CO2 was ing excuses for their transgressions the level of the oceans of the world. being pumped into the air and has con- against other professionals like Dr. Vice President Gore, in his movie, tinued to be pumped into the air, the Gray. Professional figures in white ‘‘An Inconvenient Truth,’’ showed what Earth quit warming and, in fact, it coats with authoritative tones of seemed to be a video of melting and may be now in a cooling cycle. That’s voices and lots of credentials repeat- breaking icecaps. Inconveniently, right. The NOAA National Climate edly dismiss criticism by claiming that somebody squealed, the video was actu- Data Center shows that ground surface their so-called scientific findings had ally a special effect. It was Styrofoam temperatures have flattened, and there been peer reviewed, verified by other made to look like melting and break- hasn’t been any net warming since 1998, scientists. It sounds so much beyond ing icecaps. But that’s no problem. and the RSS microwave sounding reproach. They gave each other prizes People still listen to Al Gore. units—that’s MSU—operating on as they selectively handed out research Over and over again, the alarmists NOAA satellites show a net cooling grants. have said that the Earth is dramati- since 1998. To those who disagreed, like Dr. cally heating up. Look closely at the It’s totally the opposite of every pre- Gray, no matter how prominent, they data that they’re talking about. Look diction of the United Nations Intergov- were treated like nonentities, like they closely at the date that was picked by ernmental Panel on Climate Change, didn’t exist, or were personally dispar- these people as a baseline for com- that’s the IPCC, and their faulty com- aged with labels like ‘‘denier.’’ Well, paring temperatures. It is 1850. And puter models, as well as the army of you know, Holocaust denier, that’s what is 1850? It’s the end of a 500-year global warming scientists who have what you do. Now, how much uglier decline in the Earth’s temperature. been warning us about higher and high- does it get? How much against the

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19282 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 standard of professional science can their policy-driven mission, even to the mental Panel on Climate Change 4th Assess- you be than to try to paint someone point of pressuring scientific journals ment]?’’ Jones wrote to Penn State Univer- like that because he disagrees with not to publish papers which might hurt sity scientist Michael Mann in an email re- you? the IPCC’s effort. leased in Climategate 1.0. ‘‘Keith will do likewise. . . . We will be getting Caspar b 1650 Here’s another one regarding the [Ammann] to do likewise. I see that CA [the IPCC: I also think the science is being Well, these unprofessional tactics Climate Audit Web site] claim they discov- manipulated to put a political spin on ered the 1945 problem in the Nature paper!!’’ won’t work forever, and it’s becoming it. The new emails also reveal the scientists’ ever clearer that the man-made global Here’s another one: It’s very likely attempts to politicize the debate and ad- warming steamroller is beginning to that the mean temperature has shown vance predetermined outcomes. fall apart. We now know that the sci- much larger past variability than ‘‘The trick may be to decide on the main entists clamoring for subservient ac- caught by previous reconstructions. We message and use that to guid[e] what’s in- ceptance to their theory of man-made cluded and what is left out’’ of IPCC reports, cannot, from these reconstructions, writes Jonathan Overpeck, coordinating lead global warming were themselves mak- conclude that the previous 50-year pe- ing a sham out of the scientific meth- author for the IPCC’s most recent climate riod has been unique in the context of assessment. odology. We now know what they were the last 500 to 1,000 years. ‘‘I gave up on [Georgia Institute of Tech- doing. I’m speaking, of course, of What’s that mean? That means the nology climate professor] Judith Curry a Climategate, the publication of over current cycle we’re in has nothing to while ago. I don’t know what she thinks 1,000 emails and 3,000 other unofficially do with the burning of fossil fuel by she’s doing, but its not helping the cause,’’ obtained documents from one of the human beings. wrote Mann in another newly released email. world’s foremost global warming re- ‘‘I have been talking w/ folks in the states I would like to insert an article from about finding an investigative journalist to search institutes, the Climate Research James Taylor of Forbes magazine who Unit of East Anglia University in the investigate and expose’’ skeptical scientist said Climategate 2: ‘‘These scientists Steve McIntyre, Mann writes in another United Kingdom. And we have all heard view global warming as a political newly released email. of those quotes. Here’s a few of them: ‘cause’ rather than a balanced sci- These new emails add weight to ‘‘We can’t account for the lack of entific inquiry.’’ Climategate 1.0 emails revealing efforts to warming at the moment, and it’s a politicize the scientific debate. For example, CLIMATEGATE 2.0: NEW E-MAILS ROCK THE Tom Wigley, a scientist at the University travesty that we can’t.’’ GLOBAL WARMING DEBATE How about another quote: ‘‘I’ve just Corporation for Atmospheric Research, au- (By James Taylor) completed Mike’s nature trick . . . to thored a Climategate 1.0 email asserting that hide the decline.’’ A new batch of 5,000 emails among sci- his fellow Climategate scientists ‘‘must get entists central to the assertion that humans rid of’’ the editor for a peer-reviewed science Here’s another quote: ‘‘We’ll keep are causing a global warming crisis were journal because he published some papers them’’—meaning the skeptics of their anonymously released to the public yester- contradicting assertions of a global warming science. ‘‘We’ll keep them out someday, igniting a new firestorm of controversy crisis. how—even if we have to redefine what nearly two years to the day after similar More than revealing misconduct and im- peer-review literature is.’’ emails ignited the Climategate scandal. proper motives, the newly released emails How about this for another quote: ‘‘If Three themes are emerging from the newly additionally reveal frank admissions of the they ever hear there is a Freedom of released emails: (1) prominent scientists cen- scientific shortcomings of global warming Information Act now in the U.K., I tral to the global warming debate are taking assertions. measures to conceal rather than disseminate ‘‘Observations do not show rising tempera- think I’ll delete the file rather than underlying data and discussions; (2) these tures throughout the tropical troposphere send it to anyone.’’ scientists view global warming as a political unless you accept one single study and ap- Deleting files? Trying to prevent peer ‘‘cause’’ rather than a balanced scientific in- proach and discount a wealth of others. This review? What kind of scientists were quiry and (3) many of these scientists frank- is just downright dangerous. We need to these? Well, arrogant and politically ly admit to each other that much of the communicate the uncertainty and be honest. motivated scientists, that’s who. science is weak and dependent on deliberate Phil, hopefully we can find time to discuss The unauthorized release of those in- manipulation of facts and data. these further if necessary,’’ writes Peter ternal memos exposed the shenanigans Regarding scientific transparency, a defin- Thorne of the UK Met Office. ing characteristic of science is the open shar- ‘‘I also think the science is being manipu- of the man-made global warming ing of scientific data, theories and proce- lated to put a political spin on it which for alarmists and the crime being com- dures so that independent parties, and espe- all our sakes might not be too clever in the mitted against science and the public. cially skeptics of a particular theory or hy- long run,’’ Thorne adds. Even though handpicked panels of pothesis, can replicate and validate asserted ‘‘Mike, The Figure you sent is very decep- their peers held the a kangaroo court— experiments or observations. Emails between tive . . . there have been a number of dis- yeah, their own peers judged them, Climategate scientists, however, show a con- honest presentations of model results by in- that’s right—and that kangaroo court certed effort to hide rather than disseminate dividual authors and by IPCC,’’ Wigley ac- loudly proclaimed there had no wrong- underlying evidence and procedures. knowledges. ‘‘I’ve been told that IPCC is above national More damaging emails will likely be undoing by these people, well, public con- FOI [Freedom of Information] Acts. One way covered during the next few days as observ- fidence was justifiably shaken in the to cover yourself and all those working in ers pour through the 5,000 emails. What is al- global warming science advocates. AR5 would be to delete all emails at the end ready clear, however, is the need for more Now, just as that scandal was about of the process,’’ writes Phil Jones, a scientist objective research and ethical conduct by to be forgotten, we have an even larger working with the United Nations Intergov- the scientists at the heart of the IPCC and database being exposed showing even ernmental Panel on Climate Change (IPCC), the global warming discussion. more clearly how this elite operates, in a newly released email. Perhaps the most perplexing aspect and it ain’t pretty. ‘‘Any work we have done in the past is of all of this, amid all of the consterna- done on the back of the research grants we Here are some of the quotes from the get—and has to be well hidden,’’ Jones writes tion about their malpractices to which newly released database: Unfortu- in another newly released email. ‘‘I’ve dis- we have now been exposed: The global nately, there is no way to fix the IPCC, cussed this with the main funder (U.S. Dept warming elite just keeps a straight and there never was. The reason is that of Energy) in the past and they are happy face. They keep up their PowerPoint its information over 20 years ago was about not releasing the original station presentations, distorted graphs and all, to support political and energy policy data.’’ and continue projections of man-made goals, not to search for scientific truth. The original Climategate emails contained global doom and gloom. They try to ig- Here’s another quote: If you disagree similar evidence of destroying information nore the uproar and change the sub- and data that the public would naturally as- with their interpretation of climate sume would be available according to free- ject, but these recent revelations seri- change, you were left out of the IPCC dom of information principles. ‘‘Mike, can ously call into question the basic process. They ignore or fight against you delete any emails you may have had science of man-made global warming any evidence which does not support with Keith [Briffa] re AR4 [UN Intergovern- fanatics.

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19283 In the meantime, a report was re- from Copenhagen, where he leads sun-cli- influence the climate,’’ stresses Mr. Kirkby, cently issued by world-respected sci- mate research at the Danish National Space quick to tamp down any interpretation that entists at CERN in Switzerland. The Institute. would make for a good headline. CERN study demonstrated it is cosmic He wasn’t the first scientist to have the This seems wise: In July, CERN Director idea, but he was the first to try to dem- General Rolf-Dieter Heuer told Die Welt that rays from the sun that determine glob- onstrate it. He got in touch with Mr. Friis- he was asking his researchers to make the al cloud cover, and the clouds have dra- Christensen, and they used satellite data to forthcoming cloud-chamber results ‘‘clear, matically more to do with temperature show a close correlation among solar activ- however, not to interpret them. This would than the minuscule amounts of CO2 in ity, cloud cover and cosmic-ray levels since go immediately into the highly political the atmosphere. 1979. arena of the climate-change debate.’’ The Cloud Project at a highly re- They announced their findings, and the But while the cosmic-ray theory has been spected CERN laboratory published a possible climatic implications, at a 1996 ridiculed from the start by those who sub- paper in the journal Nature this past space conference in Birmingham, England. scribe to the anthropogenic-warming theory, Then, as Mr. Svensmark recalls, ‘‘everything both Mr. Kirkby and Mr. Svensmark hold August based on this research which went completely crazy.... It turned out it that human activity is contributing to cli- shows that the sun’s activity is influ- was very, very sensitive to say these things mate change. All they question is its impor- encing cloud formation and may ac- already at that time.’’ He returned to Copen- tance relative to other, natural factors. count for most of the recorded tem- hagen to find his local daily leading with a Through several more years of ‘‘careful, perature changes in the last century. quote from the then-chair of the U.N. Inter- quantitative measurement’’ at CERN, Mr. I would like to submit an editorial governmental Panel on Climate Change Kirkby predicts he and his team will ‘‘defini- about this project from The Wall (IPCC): ‘‘I find the move from this pair sci- tively answer the question of whether or not Street Journal by Anne Jolis for the entifically extremely naive and irrespon- cosmic rays have a climatically significant sible.’’ effect on clouds.’’ His old ally Mr. RECORD. Mr. Svensmark had been, at the very least, Svensmark feels he’s already answered that THE OTHER CLIMATE THEORY politically naı¨ve. ‘‘Before 1995 I was doing question, and he guesses that CERN’s initial Al Gore won’t hear it, but heavenly bodies things related to quantum fluctuations. No- results ‘‘could have been achieved eight to 10 might be driving long-term weather trends. body was interested, it was just me sitting in years ago, if the project had been approved (By Anne Jolis) my office. It was really an eye-opener, that and financed.’’ In April 1990, Al Gore published an open baptism into climate science.’’ He says his The biggest milestone in last month’s pub- letter in the New York Times ‘‘To Skeptics work was ‘‘very much ignored’’ by the cli- lication may be not the content but the on Global Warming’’ in which he compared mate-science establishment—but not by source, which will be a lot harder to ignore them to medieval flat-Earthers. He soon be- CERN physicist Jasper Kirkby, who is lead- than Mr. Svensmark and his small Danish came vice president and his conviction that ing today’s ongoing cloud-chamber experi- institute. climate change was dominated by man-made ment. Any regrets, now that CERN’s particle ac- emissions went mainstream. Western gov- On the phone from Geneva, Mr. Kirkby celerator is spinning without him? ‘‘No. It’s ernments embarked on a new era of anti- says that Mr. Svensmark’s hypothesis been both a blessing and the opposite,’’ says emission regulation and poured billions into ‘‘started me thinking: There’s good evidence Mr. Svensmark. ‘‘I had this field more or less research that might justify it. As far as the that pre-industrial climate has frequently to myself for years—that would never have average Western politician was concerned, varied on 100-year timescales, and what’s happened in other areas of science, such as the debate was over. been found is that often these variations cor- particle physics. But this has been some- But a few physicists weren’t worrying relate with changes in solar activity, solar thing that most climate scientists would not about Al Gore in the 1990s. They were theo- wind. You see correlations in the atmosphere be associated with. I remember another re- rizing about another possible factor in cli- between cosmic rays and clouds—that’s what searcher saying to me years ago that the mate change: charged subatomic particles Svensmark reported. But these correlations only thing he could say about cosmic rays from outer space, or ‘‘cosmic rays,’’ whose don’t prove cause and effect, and it’s very and climate was that it was a really bad ca- atmospheric levels appear to rise and fall difficult to isolate what’s due to cosmic rays reer move.’’ with the weakness or strength of solar winds and what’s due to other things.’’ On that point, Mr. Kirkby—whose organi- that deflect them from the earth. These In 1997 he decided that ‘‘the best way to zation is controlled by not one but 20 govern- shifts might significantly impact the type settle it would be to use the CERN particle ments—really does not want to discuss poli- and quantity of clouds covering the earth, beam as an artificial source of cosmic rays tics at all: ‘‘I’m an experimental particle providing a clue to one of the least-under- and reconstruct an artificial atmosphere in physicist, okay? That somehow nature may stood but most important questions about the lab.’’ He predicted to reporters at the have decided to connect the high-energy climate. Heavenly bodies might be driving time that, based on Mr. Svensmark’s paper, physics of the cosmos with the earth’s at- long-term weather trends. the theory would ‘‘probably be able to ac- mosphere—that’s what nature may have The theory has now moved from the cor- count for somewhere between a half and the done, not what I’ve done.’’ ners of climate skepticism to the center of whole’’ of 20th-century warming. He gath- Last month’s findings don’t herald the end the physical-science universe: the European ered a team of scientists, including Mr. of a debate, but the resumption of one. That Organization for Nuclear Research, also Svensmark, and proposed the is, if the politicians purporting to legislate known as CERN. At the Franco-Swiss home groundbreaking experiment to his bosses at based on science will allow it. of the world’s most powerful particle accel- CERN. In this piece, she says: charged sub- erator, scientists have been shooting simu- Then he waited. It took six years for CERN atomic particles from outer space, or to greenlight and fund the experiment. Mr. lated cosmic rays into a cloud chamber to cosmic rays, might significantly im- isolate and measure their contribution to Kirkby cites financial pressures for the delay cloud formation. CERN’s researchers re- and says that ‘‘it wasn’t political.’’ pact the type and quality of clouds cov- ported last month that in the conditions Mr. Svensmark declines entirely to guess ering the Earth, providing a clue to one they’ve observed so far, these rays appear to why CERN took so long, noting only that of the least understood but most im- be enhancing the formation rates of pre- ‘‘more generally in the climate community portant questions about climate. Heav- cloud seeds by up to a factor of 10. Current that is so sensitive, sometimes science goes enly bodies might be driving long-term climate models do not consider any impact into the background.’’ weather trends. of cosmic rays on clouds. By 2002, a handful of other scientists had And while scientists have discovered Scientists have been speculating on the re- started to explore the correlation, and Mr. lationship among cosmic rays, solar activity Svensmark decided that ‘‘if I was going to be the sun’s relationship to cloud cover, and clouds since at least the 1970s. But the proved wrong, it would be nice if I did it my- even more recently there’s been a notion didn’t get a workout until 1995, when self.’’ He decided to go ahead in Denmark study directly undermining the theory Danish physicist Henrik Svensmark came and construct his own cloud chamber. ‘‘In that CO2 levels are a major deter- across a 1991 paper by Eigil Friis-Christensen 2006 we had our first results: We had dem- minant of the Earth’s temperature. and Knud Lassen, who had charted a close re- onstrated the mechanism’’ of cosmic rays en- A recent editorial from Investor’s lationship between solar variations and hancing cloud formation. The IPCC’s 2007 re- Business Daily on the topic of this new changes in the earth’s surface temperature port all but dismissed the theory. study about temperature sensitivity to since 1860. Mr. Kirkby’s CERN experiment was finally ‘‘I had this idea that the real link could be approved in 2006 and has been under way carbon dioxide undermines the case- between cloud cover and cosmic rays, and I since 2009. So far, it has not proved Mr. closed arguments of the scientific elite. wanted to try to figure out if it was a good Svensmark wrong. ‘‘The result simply leaves From the editorial: The left’s pro- idea or a bad idea,’’ Mr. Svensmark told me open the possibility that cosmic rays could posed solutions to the world’s ills are

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19284 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 December 8, 2011 based on the idea that carbon dioxide is oil might be being burned; they just es- I yield back the balance of my time. a climate-heating poison that must be timated—or guesstimated—CO2 emis- f scrubbed from the global economy at sions based on the total amount of coal YEAR IN REVIEW: FIRST SESSION all costs. Yet another study shows this and oil used. And the media, like their OF 112TH CONGRESS to be foolishness. lapdogs, faithfully reported that this And I submit that for the RECORD at sounds like a calamity when you have The SPEAKER pro tempore (Mr. KINZINGER of Illinois). Under the this point as well. so much more CO2 coming in, even Speaker’s announced policy of January [From the Investor’s Business Daily though they never measured any CO2 Editorial, Nov. 25, 2011] emissions. None of it was actually re- 5, 2011, the gentleman from Florida GLOBAL WARMING MODELS CALLED INTO corded. (Mr. WEST) is recognized for 30 minutes. QUESTION BY NEW STUDY The truth is CO2 is not a pollutant. Climate: The left’s proposed solutions for Anybody perpetuating that myth that Mr. WEST. Thank you, Mr. Speaker. I think it’s very important that, as the world’s ills are based on the idea that CO is dangerous, a dangerous pollut- 2 we draw to the close of this first ses- carbon dioxide is a climate-heating poison ant, is contributing to the health-de- sion of the 112th Congress, we come that must be scrubbed from the global econ- structive impact of real pollution by omy at all cost. Yet another study shows back and we do what I believe is a diverting resources and attention away this is foolish. yearly review or an assessment. The study in the journal Science found from these very real challenges. We Mr. Speaker, today, the 8th of De- that global temperatures appear to be far have wasted $25 billion or more on this cember, was the target adjournment less sensitive to the amount of CO2 in the at- foolishness. That is money that could day that the leadership of the new ma- mosphere than originally estimated. have been used to develop new energy jority of the United States House of This sounds prosaic, but it’s a bombshell— technologies, for example, that could another in a long line of revelations showing Representatives hoped would mark the have moved us off of our dependence on end of the first session of the 112th the scientific fraud at the heart of the anti- foreign oil. global warming movement. Congress. Yet today we are short of The study’s findings are simple and dev- Some examples of these technologies completing some of the most impor- are the small modular nuclear reactors astating. ‘‘This implies that the effect of CO2 tant work that we must accomplish. on climate is less than previously thought,’’ which could offer us safety and no pol- As we enter the final days of 2011 and said Oregon State University’s Andreas lution, no leftover waste, but we didn’t approach the end of this first session of Schmittner, the study’s main author. have the money for that. How about the 112th Congress, I must take the Even with a doubling of CO from levels 2 space-based solar power, which could time to offer an apology to the citizens that existed before the Industrial Revolu- collect solar energy from the sun out tion, the study found a likely increase in of the 22nd Congressional District of Earth’s temperature only from about 3.1 de- in outer space and transmit it to the Florida and to all my fellow citizens grees Fahrenheit to 4.7 degrees Fahrenheit. Earth? across this great Nation. It is not be- That compares with the U.N. Intergovern- Developing these new technologies cause we have not changed the con- mental Panel on Climate Change’s 2007 re- will take hundreds of millions of dol- versation here in Washington, D.C., but port, which predicted an increase of 3.6 de- lars for these new reactors, billions of because I would have hoped our exer- grees to 8.6 degrees. dollars for a space-based solar. Instead, tions would have been as a collective Coupled with the fact the average global we’ve squandered our billions of dollars temperature hasn’t increased at all over the body a bit greater. Failure to pass a past decade—even though under all of the and our limited science money and balanced budget amendment was a global warming models now in use, this is technology dollars on trying to prove great disappointment and an example impossible—warmist ideology is crumbling. that man-made global warming is of a lack of exertion. There is no climate armageddon on the hori- something that we have to worry about When I was elected to the House of zon. and spread the fear. Representatives in November 2010, I But don’t expect global warm-mongers to We have not pursued these or other was one of over 80 new Members that admit this. As we’ve discovered from a new technologies which could have fun- you, the American people, sent to the trove of emails sent by leading European cli- damentally benefited everyone on the House of Representatives, entrusting mate-change scientists, there has been a vast, global green conspiracy to silence sci- Earth because we have been wasting each one of us to come to Capitol Hill entific opposition to the idea—even to the our time and our resources. We have and work diligently—and differently point of falsifying data and ruining others’ been trying to figure out how to bury than our predecessors—on the critical careers. carbon in the ground and other such issues our country was facing during Subscribe to the IBD Editorials Podcast— things. these challenging times. Record high The left’s entire prescription for solving the Well, Mr. Speaker, I’m here to ex- unemployment; a quickly growing world’s ills—ranging from population control plain that this is utter nonsense and to debt; out-of-control spending that leads to strict regulation of businesses to shrink- warn of the danger that lurks behind to budget deficits year after year; a ing CO2 output are premised on the notion that carbon-dioxide is a poison. this high-sounding cause. spiraling foreclosure rate around the Happily, the left’s pernicious, economy-de- Don’t miss the significance, by the country, and specifically back in our stroying and false global warming ideology way, of the Durban conference in South district in south Florida; businesses is collapsing under a growing body of evi- Africa that is gathering now to deter- shutting their doors, due in part to in- dence that the CO2 scare is a fraud. mine how best to control our lives. creasing uncertainty provided by the Who says we have nothing to be thankful government from crushing regulations b 1700 for? issued by Federal agencies in Wash- And despite the weaknesses of the As happened in Kyoto and Copen- ington, D.C., and the list goes on. linkage between CO2 and temperature, hagen in the past, they now are meet- Friends, neighbors, colleagues, and the alarmists continue with their tac- ing in Durban to try to find ways of our fellow citizens all believed our Na- tics. We just heard a report published issuing mandates to the people of the tion was on the wrong track, and we in Nature Climate Change in the last world in the name of stopping global were concerned for our future. Many of few days that CO2 emissions in 2010 warming. them felt our country’s best days were went up by 5.9 percent, which scientists Mr. Speaker, I would suggest to the in the past and that our future looked claimed was the highest total annual people of the United States they pay bleak. Each of them wanted our Fed- growth ever recorded—except they close attention to this. Eisenhower eral Government to take a different didn’t record any CO2 emissions. They isn’t here to protect us anymore. The course of action. estimated that based on energy use. fact is our freedom is at stake. The Mr. Speaker, I spent the majority of They didn’t take into account new globalists would like to control the my adult life—22 years—serving in the technologies that make gas and oil and people of the United States. It’s up to United States Army, never having been coal cleaner and greener. The scientists us to defend our freedom. The patriots elected to public office. I have dedi- didn’t care about how cleanly coal and will win if we stand together. cated my career to serving our great

VerDate Sep 11 2014 15:44 Jan 19, 2016 Jkt 059102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19285 Nation. But unlike many of those that the vote was 393–0, meaning that cap-and-trade or Card Check. But my whom I serve with here in Congress, I we were able to get unanimous support answer is simple: The House of Rep- am not a career politician. I have led from both Republicans and Democrats. resentatives has tried to work with the soldiers in combat on foreign battle- The American people expect their Senate and President Obama; yet they fields, and was ready to go to our Na- elected to work together to deal with refuse to listen to the will of the peo- tion’s Capitol and lead from the front the issues of our Nation. However, Mr. ple. Tabling the cut, cap, and balance on this new battlefield. I understood Speaker, we have witnessed over 900 piece of legislation during the debt de- that where my political experience days without the United States Senate bate is a prime example. Instead, they would fall short, my military training passing a budget. That’s 900 days. When wish to remain on the same path that would enable me to serve my constitu- the House of Representatives did our has proved to be a failure year after ents well in the Halls of Congress, be- job and passed a budget on the 15th of year. They refuse to believe that we cause in the military we were taught a April 2011, Democrats continued to use need major structural reforms. They simple principle, Mr. Speaker, and I it as a political weapon since it finally did not heed the message of the Amer- think you know it well: We work until addresses the exorbitant mandatory ican people of November of 2010. spending that is bankrupting our coun- the mission is complete. And on elec- b 1710 tion night of 2010, I knew that I was try and leaving critical programs like embarking, along with my new col- Social Security and Medicare on an And while Washington, D.C. has a leagues, on one of the most challenging unsustainable path. budget deficit, the leadership deficit is missions that I would ever face. Americans continue to struggle with even more disconcerting. Mr. Speaker, The leadership of the new majority in 9 percent-plus unemployment for over leaders take responsibility; and rarely the House of Representatives created a a year. In south Florida, it is even do they take credit, a simple lesson calendar for the first session of this higher. But instead of debating the 20- that was taught to me as a young cap- Congress, and as a newly elected Mem- plus bills passed by the House, many tain in the United States Army. A ber of this body, I provided my assess- bipartisan, that address the anemic strong American leader would not take ment, stating that I believed the sched- jobs situation in which we are stuck, the misfortunes facing the American ule did not provide the necessary days these bills languish on Senate Majority people and leverage it for political on Capitol Hill to address the pressing Leader HARRY REID’s desk while Presi- gain. And the facts speak for them- issues our Nation faced. Now, 1 year dent Obama continues to try to con- selves. later, unfortunately, it seems I was vince the American people that this is Since January of 2009, more than 2 correct. On the eve of the holiday sea- a ‘‘do-nothing’’ Congress. It is indeed a million Americans are unemployed, son, the United States Congress is deal- ‘‘do-nothing’’ Senate. close to 26 million are underemployed. ing with some of its most important One of the most important and con- National unemployment has been at or issues, all while pressed against the de- stitutionally mandated functions of above 9 percent for 28 straight months, sire to be home and with our families the Congress is to fund the Federal at or above 8 percent for 34 straight and loved ones. Government each year before the be- months. And it is double that in the Mr. Speaker, I, along with you, spent ginning of the fiscal year on October 1. black community. many holidays away from my family This year, of the 12 funding bills, the Average gas prices have gone from and friends while serving our country House completed six of those bills and $1.83 to over $3.45. The Federal debt has in the Armed Forces. Every time I was the United States Senate only com- gone from $10.6 trillion to over $15 tril- away from home during the holiday pleted one. Congress did not finish con- lion, with 3 straight years of trillion- season, as well as I’m sure you did, I ferencing any appropriations bills to be dollar-plus deficits. And the debt per proudly put on my uniform and did my signed by the President by the October person, Mr. Speaker, has gone from duty on behalf of the American people. 1 deadline. This means that once again $34,000 to $48,000. And while I may not wear the uniform we had to pass continuing resolutions Food stamp recipients are up by 41 of the United States Army any longer, to prevent a shutdown of the Federal percent. Americans in poverty up 16 I am proud to put on my new uniform Government. percent, with an increase of 6.4 million of a suit and tie and spend this holiday I wrote the chairman of the House Americans. The Misery Index is up 65 away from home, once again putting Committee on Appropriations sug- percent, and nearly 48.5 percent of our country first so that we may finish gesting that appropriations bills should Americans are on some form of govern- the job our constituents entrusted us be considered on a priority-based tiered ment aid. to do. system. I presented several questions, Home values are down 11 percent, and Now, I don’t want people to think such as what he believed should be con- health insurance premiums are up 23 that I am not happy about certain sidered priority bills and whether or percent, from $3,354 to over $4,000. things, because I am truly pleased that not certain appropriations bills should United States global competitiveness the regular order has been established cover a 2-year period in order to pro- is down from first to fifth in the world. here and returned to the House floor. vide more certainty in the market- We currently borrow 42 cents on The American people are able to see vi- place. every dollar, a dollar which soon, brant debate on the pressing issues and Mr. Speaker, in the military some- thanks to the insidious monetary poli- legislation is developed by Members thing that continues to fail means that cies emanating from the Federal Re- and cleared through committee. We are it is broken. And when something is serve, may not any longer be the de- slowly seeing a move away from broken, it must be fixed. Our fellow fault currency of the world. megabills. Yet these so-called omnibus citizens understand that the path we Yet with these abysmal statistics, all bills do a disservice to the American are on is broken and they also under- we hear from the big megaphone of the people because, rather than allowing stand it is time to fix it. Therefore, we White House is that we need to tax peo- elected representatives to vote ‘‘aye’’ must focus on structural reforms to ple—particularly certain people—more. or ‘‘nay’’ on certain provisions, these our legislative and appropriations proc- We hear about extending a payroll tax bills create a bill that includes hun- ess. holiday, which is nothing but a Band- dreds of provisions for passage. Over the course of my first year in Aid approach that only provides a very During the first session in the month office, I have been asked numerous short-term impetus. What no one is of April, I was able to bring to the times why we refuse to compromise telling the American people, especially House floor H.R. 1246. This bill cut $35.7 and why can’t we just get something our seniors, is that the constant use of million of wasteful spending in the done. Mr. Speaker, I find it very funny payroll tax breaks continues to erode form of printing and reproduction at that no one talked about compromise the funding of Social Security, which the Department of Defense. What was in regard to a $2 trillion health care for the first time this year was running so important about this legislation is law or a $1 trillion stimulus package or at a deficit.

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When combined with the unemploy- Mr. PASTOR of Arizona (at the re- 4210. A letter from the Director, Regu- ment situation, we are speeding up the quest of Ms. PELOSI) for December 12 latory Management Division, Environmental demise of Social Security in America. and until 4 p.m. December 13 on ac- Protection Agency, transmitting the Agen- cy’s final rule — Flutriafol; Pesticide Toler- At some point, there must be struc- count of official business in the dis- ances [EPA-HQ-OPP-2010-0876; FRL-9325-6] tural tax and unemployment reform; trict. received November 4, 2011, pursuant to 5 f and we must incentivize our job cre- U.S.C. 801(a)(1)(A); to the Committee on Ag- ators. SENATE BILL REFERRED riculture. America is suffering, Mr. Speaker, A bill of the Senate of the following 4211. A letter from the Director, Regu- latory Management Division, Environmental from crony capitalism in which the title was taken from the Speaker’s government is picking the winners and Protection Agency, transmitting the Agen- table and, under the rule, referred as cy’s final rule — Methacrylic acid-methy the losers in the free market, using our follows: methacrylate-polyethylene glycol mono- hard-earned taxpayer dollars. We have S. 1958. An act to extend the National methyl ether methacrylate graft copolymer; an Obama administration which be- Flood Insurance Program until May 31, 2012; Tolerance Exemption [EPA-HQ-OPP-2011- lieves it is the preeminent venture cap- to the Committee on Financial Services. 0583; FRL-8891-4] received November 4, 2011, italist in our Nation. Episodes such as f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Agriculture. Solyndra and MF Global should cause SENATE ENROLLED BILLS SIGNED us all grave concern. 4212. A letter from the Director, Regu- The Speaker announced his signature latory Management Division, Environmental You see, American exceptionalism is to enrolled bills of the Senate of the Protection Agency, transmitting the Agen- not constrained by class or caste. following titles: cy’s final rule — Methacrylic Polymer; Tol- There are income levels in our country; erance Exemption [EPA-HQ-OPP-2011-0333; but sound economic, tax, and regu- S. 535. An act to authorize the Secretary of FRL-8891-1] received November 4, 2011, pursu- the Interior to lease certain lands within latory policies enable our citizens to ant to 5 U.S.C. 801(a)(1)(A); to the Committee Fort Pulaski National Monument, and for on Agriculture. transit those levels because America is other purposes. about equal opportunity and not equal 4213. A letter from the Director, Regu- S. 683. An act to provide to the conveyance latory Management Division, Environmental achievement, where liberal progres- of certain parcels of land to the town of Man- Protection Agency, transmitting the Agen- sives believe that they are the arbiters tua, Utah. cy’s final rule — Trifloxystrobin; Pesticide f of fairness. Tolerances [EPA-HQ-OPP-2011-0456; FRL- There is no leadership emanating ADJOURNMENT 8890-1] received November 4, 2011, pursuant to from the White House. Instead, we have Mr. WEST. Mr. Speaker, I move that 5 U.S.C. 801(a)(1)(A); to the Committee on policy by election-cycle sound bites the House do now adjourn. Agriculture. where the purpose is just to get re- 4214. A letter from the Deputy to the The motion was agreed to; accord- Chairman for External Affairs, Federal De- elected. ingly (at 5 o’clock and 15 minutes posit Insurance Corporation, transmitting Too many politicians are now focused p.m.), under its previous order, the the Corporation’s final rule — Transfer and on manipulative and deceitful rhetoric House adjourned until tomorrow, Fri- Redesignation of Certain Regulations Involv- and not developing visionary, pro- day, December 9, 2011, at 11 a.m. ing State Savings Association Pursuant to growth economic policies for America. f the Dodd-Frank Wall Street Reform and The obvious goal, it seems to me, Mr. Consumer Protection Act of 2010 (RIN: 3064- EXECUTIVE COMMUNICATIONS, AD82) received November 15, 2011, pursuant Speaker, is to create more victims in ETC. America, an America of dependency, to 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XIV, executive Financial Services. not individual independence. communications were taken from the 4215. A letter from the Secretary, Securi- Therefore, our Nation is truly at a Speaker’s table and referred as follows: ties and Exchange Commission, transmitting crossroads. There is an ever-widening the Commission’s final rule — Rescission of ideological chasm of what we are going 4206. A letter from the Acting Adminis- Outdated Rules and Forms, and Amendments to become as a Nation: Shall America trator, Department of Agriculture, transmit- to Correct References [Release Nos.: 33-9273, ting the Department’s final rule — Walnuts 39-65686, 34-2480, IA-3310 and IC-29855] received continue as a constitutional Republic Grown in California; Increased Assessment led by men and women of courage, con- November 15, 2011, pursuant to 5 U.S.C. Rate [Doc. No.: AMS-FV-11-0062; FV11-984-1 801(a)(1)(A); to the Committee on Financial viction, and character? Or shall Amer- FR] received November 17, 2011, pursuant to Services. ica become a bureaucratic nanny state, 5 U.S.C. 801(a)(1)(A); to the Committee on 4216. A letter from the Director, Regu- ruled by manipulative deceivers seek- Agriculture. latory Management Division, Environmental ing their own political gain? 4207. A letter from the Acting Adminis- Protection Agency, transmitting the Agen- Is America truly that shining city trator, Department of Agriculture, transmit- cy’s final rule — Approval and Promulgation that sits upon a hill, Mr. Speaker, or ting the Department’s final rule — Onions of Air Quality Implementation Plans; Indi- Grown in Certain Designated Counties in will that light be forever extinguished? ana; Miscellaneous Metal and Plastic Parts Idaho, and Malheur County, OR; Modifica- Surface Coating Rules [EPA-R05-OAR-2010- The choice lies before the American tion of Handling Regulations [Doc. No.: 1001; FRL-9478-4] received October 11, 2011, people. I hope that they will choose AMS-FV-11-0025; FV11-958-1 FR] received No- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- wisely because our children and our vember 17, 2011, pursuant to 5 U.S.C. mittee on Energy and Commerce. grandchildren are watching, as well as 801(a)(1)(A); to the Committee on Agri- 4217. A letter from the Director, Regu- our enemies abroad. culture. latory Management Division, Environmental But, Mr. Speaker, for America I say 4208. A letter from the Director, Regu- Protection Agency, transmitting the Agen- this: fear not, for the Guardians of latory Management Division, Environmental cy’s final rule — Approval and Promulgation Protection Agency, transmitting the Agen- America’s Honor shall ensure that the of Air Quality Implementation Plans; Mary- cy’s final rule — Abamectin (avermectin); land; Adoption of Control Techniques Guide- greatest days for this constitutional Pesticide Tolerances [EPA-HQ-OPP-2010-0619; lines for Drum and Pail Coatings [EPA-R03- Republic lie ahead. FRL-8890-2] received November 4, 2011, pursu- OAR-2011-0610; FRL-9479-4] received October Mr. Speaker, I yield back the balance ant to 5 U.S.C. 801(a)(1)(A); to the Committee 11, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to of my time. on Agriculture. the Committee on Energy and Commerce. f 4209. A letter from the Director, Regu- 4218. A letter from the Director, Regu- latory Management Division, Environmental latory Management Division, Environmental LEAVE OF ABSENCE Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- By unanimous consent, leave of ab- cy’s final rule — Amides, C5-C9, N-[3- cy’s final rule — Approval and Promulgation sence was granted to: (dimethylamino)propyl] and amides, C6-C12, of Air Quality Implementation Plans; Mary- N-[3-(dimethylamino)propyl]; Exemption land; Adoption of Control Techniques Guide- Mr. DAVIS of Illinois (at the request from the Requirement of a Tolerance [EPA- lines for Plastic Parts and Business Ma- of Ms. PELOSI) for today. HQ-OPP-2011-0093; FRL-8890-8] received No- chines Coatings [EPA-R03-OAR-2011-0600; Mr. JACKSON of Illinois (at the re- vember 4, 2011, pursuant to 5 U.S.C. FRL-9479-6] received October 11, 2011, pursu- quest of Ms. PELOSI) for today on ac- 801(a)(1)(A); to the Committee on Agri- ant to 5 U.S.C. 801(a)(1)(A); to the Committee count of district/constituent matters. culture. on Energy and Commerce.

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.001 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19287 4219. A letter from the Director, Regu- tion Functions [FAC 2005-54; FAR Case 2008- to 5 U.S.C. 801(a)(1)(A); to the Committee on latory Management Division, Environmental 025; Item II; Docket 2009-0039, Sequence 1] Ways and Means. Protection Agency, transmitting the Agen- (RIN: 9000-AL46) received November 4, 2011, f cy’s final rule — Transportation Conformity pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- REPORTS OF COMMITTEES ON Rule: MOVES Regional Grace Period Exten- mittee on Oversight and Government Re- PUBLIC BILLS AND RESOLUTIONS sion [EPA-HQ-OAR-2011-0393; FRL-9478-1] form. (RIN: 2060-AR03) received October 11, 2011, 4228. A letter from the Chief Acquisition Under clause 2 of rule XIII, reports pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Officer, General Services Administration, on committees were delivered to the mittee on Energy and Commerce. transmitting the Administration’s final rule Clerk for printing and reference to the 4220. A letter from the Director, Regu- — Federal Acquisition Regulation; Certifi- proper calendar, as follows: latory Management Division, Environmental cation Requirement and Procurement Prohi- Protection Agency, transmitting the Agen- bition Relating to Iran Sanctions [FAC 2005- Mr. HASTINGS of Washington: Committee cy’s final rule — OMB Approvals Under the 54; FAR Case 2010-012; Item IV; Docket 2010- on Natural Resources. H.R. 443. A bill to pro- Paperwork Reduction Act; Technical Amend- 0102, Sequence 1] (RIN: 9000-AL71) received vide for the conveyance of certain property ment; Community Right-to-Know Toxic November 4, 2011, pursuant to 5 U.S.C. from the United States to the Maniilaq Asso- Chemical Release Reporting [FRL 94884] re- 801(a)(1)(A); to the Committee on Oversight ciation located in Kotzebue, Alaska; with an ceived November 4, 2011, pursuant to 5 U.S.C. and Government Reform. amendment (Rept. 112–318, Pt. 1). Referred to 801(a)(1)(A); to the Committee on Energy and 4229. A letter from the Chief Acquisition the Committee of the Whole House on the Commerce. Officer, General Services Administration, state of the Union. 4221. A letter from the Director, Regu- transmitting the Administration’s final rule Mr. HASTINGS of Washington: Committee latory Management Division, Environmental — Federal Acquisition Regulation; Represen- on Natural Resources. H.R. 1466. A bill to re- Protection Agency, transmitting the Agen- tation Regarding Export of Sensitive Tech- solve the status of certain persons legally recy’s final rule — Revisions to the California nology to Iran [FAC 2005-54; FAR Case 2010- siding in the Commonwealth of the Northern State Implementation Plan, San Joaquin 018; Item V; Docket 2010-0018, Sequence 1] Mariana Islands under the immigration laws Valley Unified Air Pollution Control District (RIN: 9000-AL91) received November 4, 2011, of the United States (Rept. 112–319, Pt. 1). [EPA-R09-OAR-2011-0312; FRL-9485-4] re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Referred to the Committee of the Whole ceived November 4, 2011, pursuant to 5 U.S.C. mittee on Oversight and Government Re- House on the state of the Union. 801(a)(1)(A); to the Committee on Energy and form. Mr. HASTINGS of Washington: Committee Commerce. 4230. A letter from the Chief Acquisition on Natural Resources. H.R. 1740. A bill to 4222. A letter from the Director, Office of Officer, General Services Administration, amend the Wild and Scenic Rivers Act to Congressional Affairs, Nuclear Regulatory transmitting the Administration’s final rule designate a segment of Illabot Creek in Commission, transmitting the Commission’s — Federal Acquisition Regulation; Federal Skagit County, Washington, as a component final rule — Regulatory Changes to Imple- Acquisition Circular 2005-54; Small Entity of the National Wild and Scenic Rivers Sys- ment the United States/Australian Agree- Compliance Guide [Docket: FAR 2011-0077; tem; with an amendment (Rept. 112–320). Re- ment for Peaceful Nuclear Cooperation Sequence 6] received November 4, 2011, pursu- ferred to the Committee of the Whole House [NRC-2011-0072] (RIN: 3150-AI95) received No- ant to 5 U.S.C. 801(a)(1)(A); to the Committee on the state of the Union. vember 15, 2011, pursuant to 5 U.S.C. on Oversight and Government Reform. Mr. HASTINGS of Washington: Committee 801(a)(1)(A); to the Committee on Energy and 4231. A letter from the Chief Acquisition on Natural Resources. H.R. 2719. A bill to en- Commerce. Officer, General Services Administration, sure public access to the summit of Rattle- 4223. A letter from the Assistant Secretary transmitting the Administration’s final rule snake Mountain in the Hanford Reach Na- for Export Administration, Department of — Federal Acquisition Regulation; Technical tional Monument for educational, rec- Commerce, transmitting the Department’s Amendments [FAC 2005-54; Item X; Docket reational, historical, scientific, cultural, and final rule — Exports and Reexports to the 2011-0078; Sequence 3] received November 4, other purposes (Rept. 112–321). Referred to Principality of Liechtenstein [Docket No.: 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Committee of the Whole House on the 110818514-1531-01] (RIN: 0694-AF33) received Committee on Oversight and Government state of the Union. November 15, 2011, pursuant to 5 U.S.C. Reform. Mr. HASTINGS of Washington: Committee 801(a)(1)(A); to the Committee on Foreign Af- 4232. A letter from the Chief Acquisition on Natural Resources. H.R. 3069. A bill to fairs. Officer, General Services Administration, amend the Marine Mammal Protection Act 4224. A letter from the Chief Acquisition transmitting the Administration’s final rule of 1972 to reduce predation on endangered Co- Officer, General Service Administration, — Federal Acquisition Regulation; Labor Re- lumbia River salmon and other nonlisted transmitting the Administration’s final rule lations Costs [FAC 2005-54; FAR Case 2009- species, and for other purposes (Rept. 112– — Federal Acquisition Regulation; Set- 006; Item IX; Docket 2010-0084, Sequence 1] 322). Referred to the Committee of the Whole Asides for Small Business [FAC 2005-54; FAR (RIN: 9000-AL39) received November 4, 2011, House on the state of the Union. Case 2011-024; Item VI; Docket 2011-0024, Se- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Ms. ROS-LEHTINEN: Committee on For- quence 01] (RIN: 9000-AM12) received Novem- mittee on Oversight and Government Re- eign Affairs. H.R. 2829. A bill to promote ber 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); form. transparency, accountability, and reform to the Committee on Oversight and Govern- 4233. A letter from the Office of Sustain- within the United Nations system, and for ment Reform. able Fishies, NMFS, National Oceanic and other purposes; with an amendment (Rept. 4225. A letter from the Chief Acquisition Atmospheric Administration, transmitting 112–323). Referred to the Committee of the Officer, General Services Administration, the Administration’s final rule — Fisheries Whole House on the state of the Union. transmitting the Administration’s final rule of the Exclusive Economic Zone Off Alaska; DISCHARGE OF COMMITTEE — Federal Acquisition Regulation; Sudan Reallocation of Yellowfin Sole in the Bering Pursuant to clause 2 of rule XIII the Waiver Process [FAC 2005-54; FAR Case 2009- Sea and Aleutian Islands Management Area following actions were taken by the 041; Item VII; Docket 2010-0105, Sequence 1] [Docket No.: 101126521-0640-02] (RIN: 0648- Speaker: (RIN: 9000-AL65) received November 4, 2011, XA757) received November 15, 2011, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on The Committee on Energy and Commerce mittee on Oversight and Government Re- Natural Resources. discharged from further consideration. H.R. form. 4234. A letter from the Deputy Assistant 443 referred to the Committee of the Whole 4226. A letter from the Chief Acquisition General Counsel for the Office of Aviation House on the state of the Union, and ordered Officer, General Services Administration, Enforcement and Proceedings, Department to be printed. transmitting the Administration’s final rule of Transportation, transmitting the Depart- The Committee on the Judiciary dis- — Federal Acquisition Regulation; Successor ment’s final rule — Enhancing Airline charged from further consideration. H.R. 1466 Entities to the Netherlands Antilles [FAC Passanger Protections [Docket No.: DOT- referred to the Committee of the Whole 2005-54; FAR Case 2011-014; Item VIII; Docket OST-2010-0140] (RIN: 2105-AD92) received No- House on the state of the Union, and ordered 2011-0014, Sequence 1] (RIN: 9000-AM11) re- vember 10, 2011, pursuant to 5 U.S.C. to be printed. ceived November 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- f 801(a)(1)(A); to the Committee on Oversight tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS and Government Reform. 4235. A letter from the Chief, Publications Under clause 2 of rule XII, public 4227. A letter from the Chief Acquisition and Regulations, Internal Revenue Service, bills and resolutions of the following Office, General Services Administration, transmitting the Service’s final rule — Gen- transmitting the Administration’s final rule eration-Skipping Transfers (GST) Section titles were introduced and severally re- — Federal Acquisition Regulation; Pre- 6011 Regulations and Amendments to the ferred, as follows: venting Personal Conflicts of Interest for Section 6112 Regulations [TD 9556] (RIN: 1545- By Mr. SMITH of New Jersey (for him- Contractor Employees Performing Acquisi- BG89) received November 17, 2011, pursuant self, Mr. WOLF, and Mr. MCCOTTER):

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H.R. 3605. A bill to prevent United States Mrs. ROBY, Mr. HECK, and Mr. cating internal combustion engines operated businesses from cooperating with repressive KELLY): to generate electricity for emergency or de- governments in transforming the Internet H.R. 3610. A bill to consolidate and stream- mand response purposes, or for the purpose into a tool of censorship and surveillance, to line redundant and ineffective Federal work- of operating a water pump; to the Committee fulfill the responsibility of the United States force development programs to increase ac- on Energy and Commerce. Government to promote freedom of expres- countability, reduce administrative bureauc- By Ms. CLARKE of New York: sion on the Internet, to restore public con- racies, and put Americans back to work; to H.R. 3617. A bill to amend the Child Abuse fidence in the integrity of United States the Committee on Education and the Work- Prevention and Treatment Act to require businesses, and for other purposes; to the force, and in addition to the Committees on States receiving funds under section 106 of Committee on Foreign Affairs, and in addi- Armed Services, Veterans’ Affairs, Agri- such Act to have in effect a State law pro- tion to the Committees on Ways and Means, culture, Natural Resources, the Judiciary, viding for a criminal penalty on a person and Financial Services, for a period to be Energy and Commerce, and Transportation who has knowledge of child abuse or neglect, subsequently determined by the Speaker, in and Infrastructure, for a period to be subse- but fails to report such abuse or neglect to a each case for consideration of such provi- quently determined by the Speaker, in each law enforcement official or child protective sions as fall within the jurisdiction of the case for consideration of such provisions as services; to the Committee on Education and committee concerned. fall within the jurisdiction of the committee the Workforce. By Mr. FINCHER (for himself, Mr. CAR- concerned. By Mr. CONYERS (for himself, Mr. NEY, Mr. BACHUS, Mr. CROWLEY, Mr. By Mr. HECK (for himself, Ms. FOXX, ACKERMAN, Ms. BROWN of Florida, Mr. GARRETT, Mr. MCHENRY, Mr. Mr. ROE of Tennessee, Mr. HANNA, COHEN, Mr. CUMMINGS, Mr. DAVIS of SCHWEIKERT, Mr. WESTMORELAND, Mr. Mr. GOWDY, and Mr. KELLY): Illinois, Mr. DINGELL, Mr. ELLISON, GARAMENDI, Mr. RENACCI, Mr. H.R. 3611. A bill to amend the Workforce Mr. FALEOMAVAEGA, Mr. FARR, Mr. HUIZENGA of Michigan, Mr. KIND, Investment Act of 1998 to increase business FILNER, Mr. FRANK of Massachusetts, Mrs. BLACKBURN, Mr. DESJARLAIS, engagement and improve training opportuni- Mr. GRIJALVA, Mr. GUTIERREZ, Mr. Mr. TIPTON, Mr. POLIS, Mr. ties for occupations that are in-demand in HONDA, Mr. JACKSON of Illinois, Mr. CRAWFORD, Mr. GRIFFIN of Arkansas, order to get Americans back to work; to the JOHNSON of Georgia, Mr. JOHNSON of Mr. AUSTIN SCOTT of Georgia, Mr. Committee on Education and the Workforce. Illinois, Ms. EDDIE BERNICE JOHNSON PERLMUTTER, Mr. HIMES, Mrs. By Mr. GIBSON (for himself, Mr. DOG- of Texas, Ms. JACKSON LEE of Texas, MCCARTHY of New York, Mr. CON- GETT, Mr. WALZ of Minnesota, and Ms. LEE of California, Mr. LEWIS of NOLLY of Virginia, Mr. PETERS, Mr. Mr. REHBERG): Georgia, Ms. ZOE LOFGREN of Cali- GRIMM, Mrs. CAPITO, Mr. HENSARLING, H.R. 3612. A bill to amend title 38, United fornia, Mrs. MCCARTHY of New York, and Ms. ESHOO): States Code, to clarify presumptions relating Ms. MCCOLLUM, Mr. GEORGE MILLER H.R. 3606. A bill to increase American job to the exposure of certain veterans who of California, Ms. NORTON, Mr. creation and economic growth by improving served in the vicinity of the Republic of PAYNE, Mr. PRICE of North Carolina, access to the public capital markets for Vietnam, and for other purposes; to the Com- Mr. RANGEL, Ms. RICHARDSON, Mr. emerging growth companies; to the Com- mittee on Veterans’ Affairs. RICHMOND, Mr. ROTHMAN of New Jer- mittee on Financial Services. By Mr. JOHNSON of Georgia (for him- sey, Mr. RUSH, Mr. SCOTT of Virginia, By Mr. SMITH of Washington (for himself, Mr. FARR, Mr. KISSELL, Ms. Mr. SERRANO, Mr. TOWNS, and Mr. self and Mr. DICKS): JACKSON LEE of Texas, Mr. CONYERS, WATT): H.R. 3607. A bill to establish a program to Ms. LEE of California, Mr. HONDA, Mr. H.R. 3618. A bill to eliminate racial improve freight mobility in the United GRIJALVA, Mr. MICHAUD, Ms. RICH- profiling by law enforcement, and for other States, to establish the National Freight Mo- ARDSON, Ms. FUDGE, Mr. RYAN of purposes; to the Committee on the Judici- bility Infrastructure Fund, and for other Ohio, Mrs. CHRISTENSEN, Mr. CARSON ary. purposes; to the Committee on Transpor- of Indiana, Mr. TOWNS, Mr. OLVER, By Mr. ELLISON (for himself and Mr. tation and Infrastructure, and in addition to Mr. FRANK of Massachusetts, Mr. STARK): the Committee on Ways and Means, for a pe- CLAY, Ms. ROYBAL-ALLARD, Mr. BOS- H.R. 3619. A bill to permanently extend the riod to be subsequently determined by the WELL, Mr. FILNER, Ms. SLAUGHTER, Protecting Tenants at Foreclosure Act of Speaker, in each case for consideration of Ms. SCHAKOWSKY, Ms. NORTON, Mr. 2009 and establish a private right of action to such provisions as fall within the jurisdic- DEUTCH, Mr. HINCHEY, Ms. MOORE, enforce compliance with such Act; to the tion of the committee concerned. Mr. JACKSON of Illinois, Ms. WOOL- Committee on Financial Services. By Mrs. BLACKBURN (for herself, Mr. SEY, Mr. DAVIS of Illinois, Mr. ELLI- By Mr. ENGEL: FORBES, Mrs. LUMMIS, Mr. WALSH of SON, Mr. LEWIS of Georgia, Mr. KIL- H.R. 3620. A bill to amend title IX of the Illinois, Mr. FLEMING, Mr. POSEY, Mr. DEE, and Mr. JONES): Social Security Act to improve the quality, FLORES, Mr. GARRETT, Mr. WEST- H.R. 3613. A bill to amend title XVIII of the health outcomes, and value of maternity MORELAND, Mr. MARCHANT, Mr. Social Security Act to allow for fair applica- care under the Medicaid and CHIP programs GINGREY of Georgia, Mr. DUNCAN of tion of the exceptions process for drugs in by developing a maternity care quality Tennessee, Mr. POE of Texas, Mr. tiers in formularies in prescription drug measurement program, evaluating mater- SAM JOHNSON of Texas, Mr. SENSEN- plans under Medicare part D; to the Com- nity care home models, and supporting ma- BRENNER, Mr. SULLIVAN, Mr. MICA, mittee on Energy and Commerce, and in ad- ternity care quality collaboratives; to the Mr. KINGSTON, Mr. PENCE, Mr. dition to the Committee on Ways and Means, Committee on Energy and Commerce. REICHERT, Ms. HERRERA BEUTLER, for a period to be subsequently determined By Mr. ISRAEL: Mr. BISHOP of Utah, Mrs. ELLMERS, by the Speaker, in each case for consider- H.R. 3621. A bill to suspend temporarily the Mr. GRIFFIN of Arkansas, Mr. BURTON ation of such provisions as fall within the ju- duty on certain adjustable metal lighting of Indiana, and Mr. KING of Iowa): risdiction of the committee concerned. fixtures; to the Committee on Ways and H.R. 3608. A bill to direct the Assistant By Ms. ROYBAL-ALLARD (for herself, Means. Secretary of Homeland Security (Transpor- Mr. HINOJOSA, and Mr. CARNAHAN): By Mr. ISRAEL (for himself, Mr. tation Security Administration) to prohibit H.R. 3614. A bill to reauthorize the Enhanc- TIBERI, Mr. GRIJALVA, Mr. HINCHEY, certain employees of the Transportation Se- ing Education Through Technology Act of Mr. ELLISON, Mr. FRANK of Massachu- curity Administration from using the title of 2001; to the Committee on Education and the setts, and Ms. NORTON): ‘‘officer’’ and from wearing uniforms and Workforce. H.R. 3622. A bill to amend title XVIII of the carrying badges resembling those of law en- By Mr. PEARCE: Social Security Act to provide comprehen- forcement officers; to the Committee on H.R. 3615. A bill to amend title III of the sive cancer patient treatment education Homeland Security. Social Security Act to require States to im- under the Medicare program and to provide By Mr. LANKFORD (for himself, Mr. plement a drug testing program for appli- for research to improve cancer symptom BOREN, Mr. GERLACH, and Mrs. cants for and recipients of unemployment management; to the Committee on Energy BLACKBURN): compensation; to the Committee on Ways and Commerce, and in addition to the Com- H.R. 3609. A bill to provide taxpayers with and Means. mittee on Ways and Means, for a period to be an annual report disclosing the cost of, per- By Mr. BERG: subsequently determined by the Speaker, in formance by, and areas for improvements for H.R. 3616. A bill to provide that the rules of each case for consideration of such provi- Government programs, and for other pur- the Environmental Protection Agency enti- sions as fall within the jurisdiction of the poses; to the Committee on Oversight and tled ‘‘National Emission Standards for Haz- committee concerned. Government Reform. ardous Air Pollutants for Reciprocating In- By Mr. LATTA (for himself and Ms. By Ms. FOXX (for herself, Mr. ROE of ternal Combustion Engines’’ have no force or KAPTUR): Tennessee, Mr. WILSON of South effect with respect to existing stationary H.R. 3623. A bill to authorize and request Carolina, Mr. ROKITA, Mr. GOWDY, compression and spark ignition recipro- the President to award the congressional

VerDate Sep 11 2014 11:26 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR11\H08DE1.002 H08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 14 19289 Medal of Honor to Arthur Jibilian for ac- Article I, Section 8. quent amendments, and further clarified and tions behind enemy lines during World War By Mr. SMITH of Washington: interpreted by the Supreme Court of the II while a member of the United States Navy H.R. 3607. United States. and the Office of Strategic Services; to the Congress has the power to enact this legis- By Mr. CONYERS: Committee on Armed Services. lation pursuant to the following: H.R. 3618. By Mr. MICHAUD: Article I Section 8 Clause 3—‘‘To regulate Congress has the power to enact this legis- H.R. 3624. A bill to authorize the Secretary Commerce with foreign Nations, and among lation pursuant to the following: of Education to enter into voluntary, flexible the several States, and within the Indian Pursuant to Section 5 of the Fourteenth agreements with certain guaranty agencies Tribes.’’ Amendment to the United States Constitu- to provide delinquency prevention and de- By Mrs. BLACKBURN: tion, Congress shall have the power to enact fault aversion services for borrowers and po- H.R. 3608. appropriate laws protecting the civil rights tential borrowers of Federal Direct Loans Congress has the power to enact this legis- of all Americans. under the Higher Education Act of 1965, and lation pursuant to the following: By Mr. ELLISON: for other purposes; to the Committee on Article I, Section 8, Clause 1 of the Con- H.R. 3619. Education and the Workforce. stitution of the United States and Article I, Congress has the power to enact this legis- By Mr. PALLONE: Section 8, Clause 18 of the Constitution of lation pursuant to the following: H.R. 3625. A bill to amend title III of the the United States. Article I, Section 8 of the U.S. Constitu- Public Health Service Act to authorize and By Mr. LANKFORD: tion support the creation of cardiomyopathy edu- H.R. 3609. By Mr. ENGEL: cation, awareness, and risk assessment ma- Congress has the power to enact this legis- H.R. 3620. terials and resources by the Secretary of lation pursuant to the following: Congress has the power to enact this legis- Health and Human Services through the Cen- Article 1, Section 9 lation pursuant to the following: ters for Disease Control and Prevention and No Money shall be drawn from the Treas- The bill is enacted pursuant to the power the dissemination of such materials and re- ury, but in Consequence of Appropriations granted to Congress under the following pro- sources by State educational agencies to made by Law; and a regular Statement and visions of the United States Constitution: identify more at-risk families; to the Com- Account of the Receipts and Expenditures of Article I, Section 1; mittee on Energy and Commerce. all public Money shall be published from Article I, Section 8, Clause 1; By Ms. PINGREE of Maine (for herself, time to time. Article I, Section 8, Clause 3; and Mr. MICHAUD, Mr. WELCH, Mr. LAN- By Ms. FOXX: Article I, Section 8, Clause 18. GEVIN, Mr. CICILLINE, and Mr. MAR- H.R. 3610. By Mr. ISRAEL: KEY): Congress has the power to enact this legis- H.R. 3621. H.R. 3626. A bill to provide level funding lation pursuant to the following: Congress has the power to enact this legis- for the Low-Income Home Energy Assistance Article I, section 8 of the Constitution of lation pursuant to the following: Program; to the Committee on Appropria- the United States Article 1, Section 8, Clause 1 of the Con- tions, and in addition to the Committees on By Mr. HECK: stitution of the United States. Energy and Commerce, and Education and H.R. 3611. By Mr. ISRAEL: the Workforce, for a period to be subse- Congress has the power to enact this legis- H.R. 3622. quently determined by the Speaker, in each lation pursuant to the following: Congress has the power to enact this legis- case for consideration of such provisions as Article I, section 8 of the Constitution of lation pursuant to the following: fall within the jurisdiction of the committee the United States Article 1, Section 8, Clause 1 of the Con- concerned. By Mr. GIBSON: stitution of the United States. Article 1, Sec- By Mr. ROE of Tennessee (for himself H.R. 3612. tion 8, Clause 18 of the Constitution of the and Mr. HOYER): Congress has the power to enact this legis- United States. H.R. 3627. A bill to provide States with in- lation pursuant to the following: By Mr. LATTA: centives to require elementary schools and Article I, Section 8, Clause 18 H.R. 3623. secondary schools to maintain, and permit The Congress shall have Power * * * To Congress has the power to enact this legis- school personnel to administer, epinephrine make all Laws which shall be necessary and lation pursuant to the following: at schools; to the Committee on Energy and proper for carrying into Execution the fore- This bill is enacted pursuant to Article I, Commerce. going Powers, and all other Powers vested by Section 8, Clauses 13 and 14 of the United By Mr. SCALISE (for himself, Mr. BOU- the Constitution in the Government of the States Constitution. STANY, Mr. LANDRY, Mr. PALAZZO, United States, or in any Department or Offi- By Mr. MICHAUD: and Mr. RICHMOND): cer thereof. H.R. 3624. H.R. 3628. A bill to extend the National By Mr. JOHNSON of Georgia: Congress has the power to enact this legis- Flood Insurance Program until May 31, 2012; H.R. 3613. lation pursuant to the following: to the Committee on Financial Services. Congress has the power to enact this legis- Article I, Section 8 of the United States By Mr. SERRANO: lation pursuant to the following: Constitution. H.R. 3629. A bill to require retail establish- Clause 3 of section 8 of article I of the Con- By Mr. PALLONE: ments that use mobile device tracking tech- stitution, which sets forth the constitutional H.R. 3625. nology to display notices to that effect; to authority of Congress to regulate interstate Congress has the power to enact this legis- the Committee on Energy and Commerce. commerce. lation pursuant to the following: f By Ms. ROYBAL-ALLARD: Clause 18 of Section 8 of Article I of the H.R. 3614. United States Constitution. CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- By Ms. PINGREE of Maine: STATEMENT lation pursuant to the following: H.R. 3626. Pursuant to clause 7 of rule XII of Article I, Section 8, Clause 18 Congress has the power to enact this legis- the Rules of the House of Representa- By Mr. PEARCE: lation pursuant to the following: tives, the following statements are sub- H.R. 3615. Article I, Section 8, Clause 1—The Con- Congress has the power to enact this legis- gress shall have Power To lay and collect mitted regarding the specific powers lation pursuant to the following: Taxes, Duties, Imposts and Excises, to pay granted to Congress in the Constitu- Article I, Section 8, Clause 1 of the United the Debts and provide for the common De- tion to enact the accompanying bill or States Constitution fense and general Welfare of the United joint resolution. By Mr. BERG: States; but all Duties, Imposts and Excises By Mr. SMITH of New Jersey: H.R. 3616. shall be uniform throughout the United H.R. 3605. Congress has the power to enact this legis- States. Congress has the power to enact this legislation pursuant to the following: By Mr. ROE of Tennessee: lation pursuant to the following: Article I, Section 8, Clause 4. H.R. 3627. Article I, Section 8, Clause 3 By Ms. CLARKE of New York: Congress has the power to enact this legis- To regulate Commerce with foreign Na- H.R. 3617. lation pursuant to the following: tions, and among the several States, and Congress has the power to enact this legis- Article I, Section 8, Clause 1 with the Indian Tribes. lation pursuant to the following: Article I, Section 8, Clause 18 By Mr. FINCHER: This bill, the See Something, Say Some- By Mr. SCALISE: H.R. 3606. thing Act, is enacted pursuant to the power H.R. 3628. Congress has the power to enact this legis- granted to Congress under Article I of the Congress has the power to enact this legislation pursuant to the following: United States Constitution and its subse- lation pursuant to the following:

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Article I, section 8, clause 1 H.R. 1478: Mr. TIBERI. H.R. 3365: Mr. REICHERT. By Mr. SERRANO: H.R. 1511: Mr. PASTOR of Arizona. H.R. 3366: Mr. SCHOCK. H.R. 3629. H.R. 1513: Mr. RUSH, Ms. ESHOO, and Ms. H.R. 3378: Mr. DINGELL. Congress has the power to enact this legis- CLARKE of New York. H.R. 3393: Mr. BILIRAKIS and Mr. YOUNG of lation pursuant to the following: H.R. 1546: Mr. MCGOVERN. Alaska. Clause 3 of section 8 of article I of the Con- H.R. 1614: Mr. HARRIS. H.R. 3397: Mr. REHBERG. stitution. H.R. 1676: Mr. COOPER. H.R. 3399: Ms. ROS-LEHTINEN. The Congress shall have Power * * * To H.R. 1718: Mr. CONNOLLY of Virginia. H.R. 3400: Mr. CHABOT, Mr. FLAKE, Mr. regulate Commerce with foreign Nations, H.R. 1738: Mr. SHERMAN. MANZULLO, Mr. WEST, and Mr. FLEISCHMANN. and among the several States, and with the H.R. 1744: Mr. MARINO. H.R. 3421: Mr. BLUMENAUER, Mr. MURPHY of Indian Tribes. H.R. 1895: Mr. DOYLE, Ms. NORTON, and Mrs. Connecticut, Mr. GRIJALVA, Mr. SARBANES, In addition, Congress has the power to T5Lowey. Ms. WILSON of Florida, Mr. ISRAEL, Ms. ZOE enact this legislation pursuant to the fol- H.R. 1957: Mr. LEWIS of Georgia. LOFGREN of California, Mr. RUPPERSBERGER, lowing: H.R. 1964: Mr. PIERLUISI, Mr. GALLEGLY, Mr. COOPER, and Mr. BISHOP of Georgia. Clause 18 of section 8 of article I of the Mr. ISSA, Mrs. ELLMERS, and Mr. MARCHANT. H.R. 3425: Mr. SERRANO, Mr. LEVIN, and Mr. Constitution. H.R. 1996: Mr. DUNCAN of South Carolina. BACA. The Congress shall have Power * * * To H.R. 2001: Mr. FARENTHOLD. H.R. 3435: Mr. BERMAN, Mr. CLARKE of make all Laws which shall be necessary and H.R. 2033: Mr. COOPER. Michigan, Mr. CARDOZA, Mr. BOSWELL, Mr. proper for carrying into Execution the fore- H.R. 2139: Mr. WALBERG, Mr. CANSECO, Mr. CROWLEY, and Mr. CONYERS. going Powers, and all other Powers vested by CLAY, Ms. PINGREE of Maine, Mr. LATOU- H.R. 3437: Mr. SERRANO. the Constitution in the Government of the RETTE, Mr. GRIFFIN of Arkansas, and Mr. H.R. 3440: Mr. SCHWEIKERT, Mr. DUNCAN of United States, or in any Department or Offi- FLEISCHMANN. Tennessee, Mr. POSEY, and Mr. CALVERT. cer thereof. H.R. 2140: Ms. DEGETTE and Mr. TOWNS. H.R. 3441: Mrs. LUMMIS, Mr. DUNCAN of Ten- f H.R. 2288: Mr. BARROW. nessee, Mr. ROE of Tennessee, Mr. LAMBORN, ADDITIONAL SPONSORS H.R. 2313: Mr. CASSIDY and Mr. WESTMORE- Mr. TERRY, Mr. MICA, Mr. AMODEI, Mr. ROO- LAND. NEY, Mr. HALL, and Mr. JORDAN. Under clause 7 of rule XII, sponsors H.R. 2359: Mr. TIERNEY. H.R. 3453: Mr. PETRI and Mr. CAMP. were added to public bills and resolu- H.R. 2396: Mr. PRICE of North Carolina. H.R. 3457: Mrs. LOWEY. tions as follows: H.R. 2412: Ms. EDWARDS. H.R. 3462: Mrs. LOWEY. H.R. 23: Mr. BARROW and Mr. AL H.R. 2432: Mr. LUETKEMEYER. H.R. 3465: Mr. PALLONE. GREEN of Texas. H.R. 2466: Mr. OLSON. H.R. 3474: Mr. GRIMM. H.R. 50: Ms. NORTON. H.R. 2499: Mr. FARR. H.R. 3480: Mr. KELLY. H.R. 68: Mr. FRANKS of Arizona. H.R. 2500: Mr. COHEN. H.R. 3483: Ms. BROWN of Florida. H.R. 104: Mr. KING of Iowa. H.R. 2528: Mr. SHIMKUS. H.R. 3503: Mr. FRANK of Massachusetts. H.R. 111: Mr. COOPER. H.R. 2530: Ms. CHU. H.R. 3521: Mr. SHULER, Ms. CASTOR of Flor- H.R. 121: Mr. FRANKS of Arizona. H.R. 2536: Ms. HIRONO. ida, Mr. HENSARLING, and Mr. DUNCAN of H.R. 139: Mr. MURPHY of Connecticut and H.R. 2541: Mr. GRIFFITH of Virginia. South Carolina. Mr. MICHAUD. H.R. 2543: Mr. COHEN. H.R. 3523: Mr. LATTA, Mr. QUAYLE, Mr. H.R. 157: Mr. SHIMKUS and Mr. DUNCAN of H.R. 2547: Mr. HINOJOSA and Mr. HASTINGS MCHENRY, Mr. FRELINGHUYSEN, and Mr. South Carolina. of Florida. YODER. H.R. 234: Ms. JENKINS. H.R. 2569: Mr. NUNES and Mr. CONNOLLY of H.R. 3548: Mr. BROUN of Georgia, Mr. FLO- H.R. 361: Mr. ROGERS of Alabama and Mr. Virginia. RES, Mr. LAMBORN, and Mr. WALDEN. AMASH. H.R. 2595: Mr. BLUMENAUER. H.R. 3572: Mr. POE of Texas. H.R. 396: Mr. THORNBERRY. H.R. 2617: Mr. SCOTT of Virginia. H.R. 3578: Mr. MCCLINTOCK and Mr. GOHMERT. H.R. 420: Mr. FITZPATRICK. H.R. 2655: Ms. MOORE and Mr. RICHMOND. H.R. 3581: Mr. DUNCAN of South Carolina. H.R. 468: Ms. HANABUSA. H.R. 2697: Ms. BROWN of Florida. H.R. 3583: Mr. DUNCAN of South Carolina H.R. 615: Mr. PEARCE. H.R. 2706: Mr. LANDRY. and Mr. BOREN. H.R. 809: Mr. WELCH. H.R. 2755: Mr. GERLACH. H.R. 3590: Mr. SABLAN. H.R. 812: Mr. MCGOVERN, Ms. PINGREE of H.R. 2809: Ms. BERKLEY, Ms. LEE of Cali- H.R. 3594: Mr. COBLE and Mr. MARCHANT. Maine, Mr. MICHAUD, and Mr. MCDERMOTT. fornia, Mr. CLARKE of Michigan, Mr. THOMP- H.J. Res. 88: Mr. WELCH. H.R. 814: Mr. ALTMIRE. SON of Mississippi, and Mr. RUSH. H.J. Res. 90: Mr. ELLISON. H.R. 933: Ms. CLARKE of New York, Ms. LEE H.R. 2810: Mr. MARCHANT. H.J. Res. 92: Ms. LEE of California. of California, Ms. CHU, Mrs. NAPOLITANO, Ms. H.R. 2834: Mr. REHBERG. H. Con. Res. 85: Mr. LANGEVIN, Mr. CARSON MOORE, Mr. SERRANO, and Mr. FARR. H.R. 2900: Mr. POSEY. of Indiana, and Mr. QUIGLEY. H.R. 959: Mr. HEINRICH. H.R. 2962: Mr. DENT and Mr. POSEY. H. Con. Res. 87: Mr. BENISHEK and Mr. FIL- H.R. 1041: Mr. BASS of New Hampshire. H.R. 2969: Mr. COOPER, Mr. PAYNE, Mr. NER. H.R. 1148: Mr. ENGEL, Ms. ZOE LOFGREN of BENISHEK, and Mr. LUETKEMEYER. H. Con. Res. 89: Mr. GOHMERT, Mr. California, Mr. SARBANES, Mr. SCOTT of H.R. 3014: Ms. NORTON. MULVANEY, Mr. FLORES, Mr. GARRETT, Mr. BROOKS, Mrs. SCHMIDT, Mrs. BLACKBURN, Mr. South Carolina, Mr. BOUSTANY, Mr. MEEHAN, H.R. 3059: Mr. THOMPSON of Pennsylvania, FORBES, Mrs. LUMMIS, Mrs. HARTZLER, Mr. Mr. PAULSEN, Mr. CROWLEY, Mr. MCNERNEY, Mr. WALDEN, Mrs. BONO MACK, and RIBBLE, Mr. WEST, Mr. STUTZMAN, Mr. Mr. BRADY of Pennsylvania, Mr. GARAMENDI, FARENTHOLD. MCCLINTOCK, Mr. PEARCE, Mr. YODER, Mr. Mr. PERLMUTTER, Mr. BUTTERFIELD, Mrs. H.R. 3062: Mr. PEARCE. ROE of Tennessee, Mr. BURGESS, Mr. SCHMIDT, Mr. FALEOMAVAEGA, Mr. ANDREWS, H.R. 3076: Ms. NORTON. FLEISCHMANN, Mr. COLE, Mr. GOODLATTE, Mr. Mr. CARDOZA, Mr. GALLEGLY, Mr. BACA, and H.R. 3096: Mr. FLEISCHMANN. WALSH of Illinois, Mr. HUELSKAMP, Mr. Mr. DESJARLAIS. H.R. 3138: Ms. CHU. FLEMING, Mr. GINGREY of Georgia, Mr. CON- AWAY, Mr. POSEY, Mr. CHABOT, Mr. BARTON of H.R. 1159: Mr. BUCSHON. H.R. 3166: Mr. WOLF. Texas, Mr. GRAVES of Georgia, Mr. CAMP- H.R. 1172: Mr. RUSH. H.R. 3200: Mr. BUTTERFIELD. BELL, Mr. DUNCAN of South Carolina, Mr. H.R. 1195: Mr. CASSIDY. H.R. 3202: Mr. HIGGINS and Ms. PINGREE of ROKITA, Mr. CHAFFETZ, Mr. LANKFORD, Mr. H.R. 1206: Ms. HERRERA BEUTLER. Maine. QUAYLE, Mr. LABRADOR, Mr. WILSON of South H.R. 1236: Mr. LATOURETTE, Mr. LOEBSACK, H.R. 3207: Mr. GUTHRIE and Mr. MCKINLEY. Carolina, Mr. HARRIS, Mr. FORTENBERRY, Mr. Mr. MILLER of North Carolina, Mr. BURTON of H.R. 3216: Mr. GIBBS and Mr. RUNYAN. MANZULLO, MR. HULTGREN, and Mr. HUIZENGA Indiana, and Mr. COBLE. H.R. 3243: Mr. FRANKS of Arizona. of Michigan. H.R. 1259: Mr. BASS of New Hampshire. H.R. 3269: Mr. LATTA, Mr. JONES, Ms. BALD- H. Res. 134: Mr. FALEOMAVAEGA, Mr. RI- VERA, and Mr. DUNCAN of South Carolina. H.R. 1265: Mr. CROWLEY, Mr. BARLETTA, and WIN, Mrs. BIGGERT, Ms. CHU, Mrs. MCCARTHY H. Res. 262: Mr. COHEN. Ms. MOORE. of New York, Mr. GARDNER, Mr. HIGGINS, Mr. H.R. 1294: Ms. HIRONO and Ms. CASTOR of TERRY, Mr. KELLY, and Mr. PEARCE. f Florida. H.R. 3307: Mrs. CAPPS, Ms. BORDALLO, Ms. H.R. 1295: Mr. CARSON of Indiana. BERKLEY, Mr. ROTHMAN of New Jersey, Mr. DELETIONS OF SPONSORS FROM H.R. 1348: Mr. PLATTS and Mr. FITZPATRICK. BERMAN, Mr. WAXMAN, Mr. MCGOVERN, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 1370: Mr. MARINO and Mr. GRIFFITH of MARKEY, Mr. GEORGE MILLER of California, Virginia. Mr. ISRAEL, and Mr. LEVIN. Under clause 7 of rule XII, sponsors H.R. 1418: Ms. WILSON of Florida. H.R. 3325: Mrs. LOWEY. were deleted from public bills and reso- H.R. 1443: Mr. BOUSTANY. H.R. 3346: Mr. THOMPSON of California and lutions as follows: H.R. 1463: Mr. SCHOCK and Mr. BERMAN. Mr. MICHAUD. H.R. 3538: Mr. COOPER.

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RECOGNIZING THE 10TH ANNIVER- Dick’s key focus as Mayor was community in 1984 with a Bachelor of Arts degree in soci- SARY OF THE BRANDYWINE revitalization and economic development, and ology. She began her law enforcement career HEALTH FOUNDATION OF he delivered for his constituents. On each ex- with the Santa Barbara County Sheriff’s De- COATESVILLE ample of progress you see in Dunkirk today— partment as a Deputy Sheriff at the age of 22. from waterfront development to the Dunkirk During her 18 year tenure at the Sheriff’s HON. JIM GERLACH Boardwalk Market, from the SUNY Fredonia Department, Chief Linden served in a variety OF PENNSYLVANIA Incubator to the redevelopment of the vacant of assignments including Patrol Deputy, Nar- IN THE HOUSE OF REPRESENTATIVES Crocker-Sprague building—you see Dick cotics Detective, Major Crimes Detective, Pa- Frey’s fingerprints. Through Dick’s efforts, un- trol Sergeant, Major Crimes Sergeant, Lieuten- Thursday, December 8, 2011 derutilized recreational parks and other ant, and Commander. Mr. GERLACH. Mr. Speaker, I rise today to brownfields throughout the city were turned She was hired by the City of San Luis congratulate The Brandywine Health Founda- into clean and development-ready sites. Obispo as Chief of Police on January 1, 2003. tion of Coatesville, Chester County, Pennsyl- Never shy about fighting for his city, I first Chief Linden holds a Master of Arts degree vania, on the occasion of its 10th anniversary. met Dick Frey in 2005, shortly after I took of- in Leadership from St. Mary’s College in Over the last ten years, the Brandywine fice representing Dunkirk and Chautauqua Moraga and she is a P.O.S.T. Command Col- Health Foundation has made over $10 million County as a Member of Congress, and I’ll lege graduate. In 2004, she was honored with in grants and scholarships to improve health confess to being a little concerned. After all, a three-year gubernatorial appointment to the and encourage youth development in the Dunkirk and Chautauqua had not been rep- California Commission on Peace Officer greater Coatesville area. Its efforts have re- resented in Congress by a Democrat in nearly Standards and Training and she was resulted in bringing ChesPenn Health Services, a generation. But after our first meeting, two appointed to subsequent terms in 2007 and the only Federally Qualified Health Center in things were clear: number one, Dick Frey was 2010. Chief Linden serves on the Board of the Chester County, to Coatesville. This helps to a man of his word who passionately cares California Police Chiefs Association and is a provide over 8,000 patient visits to low income about the constituents he served; number two, lifetime member of the California Narcotic Offi- County residents. Additionally, the Foundation Dick Frey cares about people, and not politics. cers Association. Chief Linden is also dedi- has assisted in the development of a new Dick once said in an interview with the Dun- cated to future members of law enforcement, Dental Center, Chester County Community kirk Observer newspaper, ‘‘As far as politics as she has been a criminal justice instructor Dental, and has partnered with the Chester go, you can expect to leave politics at the for Santa Barbara City College, an academy County Department of Mental Health and door when dealing with [people’s] concerns.’’ instructor for Allan Hancock Law Enforcement Mental Retardation, as well as the Coatesville That statement embodies my experience with Academy, and an instructor of Public Policy Area School District, to bring behavioral health him completely. Though we come from dif- for St. Mary’s College Graduate Leadership services to child guidance research centers. ferent political sides of the aisle, politics was Program. The Brandywine Health Foundation is also never an issue between us. We both rep- Chief Linden also takes an active role in our responsible for the construction of the four- resented the same people—the hard-working local community in addition to her commit- story Brandywine Center, which opened in folks in the city of Dunkirk—and we each had ments as Police Chief. She is involved with April 2008 and houses the non-profit organiza- a responsibility to deliver for them. many community and non-profit groups, in- tions such as ChesPenn Health Services, Now as his wife Pat and their large excluding serving on the boards of the Anti-Defa- Chester County Community Dental, Child tended family will welcome Dick back to them mation League, Transitions Mental Health As- Guidance Resource Centers, and Human after loaning him, his time and attention to the sociation, and the Monday Rotary Club in San Services, Inc., as well as offering 24 units of city and its residents for the past ten years, Luis Obispo. She is the law enforcement rep- affordable senior housing. we wish them good luck as Dick leaves active resentative on the San Luis Obispo County Mr. Speaker, in light of its years of exem- civic life for a much deserved respite. Homeless Services Oversight Council. plary service to the community and out- Mr. Speaker, I thank you for allowing me a Mr. Speaker, I ask that my colleagues join standing accomplishments, I ask that my col- few moments to commemorate the service of me in honoring Deborah Linden, for her lead- leagues join me today in recognizing The one of the most honorable public servants that ership, dedication, and outstanding service to Brandywine Health Foundation in celebration I have had the good fortune to know. I am our community and the San Luis Obispo Po- of its 10 year anniversary. thankful all the more, however, to call Dick lice Department. f Frey my friend, and to wish him Godspeed in f all of his future endeavors. HONORING THE CAREER OF IN HONOR OF SCOTT KENNEDY f MAYOR RICHARD FREY RECOGNIZING CITY OF SAN LUIS HON. SAM FARR HON. BRIAN HIGGINS OBISPO POLICE CHIEF DEBORAH OF CALIFORNIA OF NEW YORK E. LINDEN IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, December 8, 2011 Thursday, December 8, 2011 HON. LOIS CAPPS OF CALIFORNIA Mr. FARR. Mr. Speaker, I rise today to honor the life of a good friend and great lead- Mr. HIGGINS. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES honor the career and accomplishments of a er who passed away unexpectedly on Novem- distinguished public servant and friend, the Thursday, December 8, 2011 ber 19, 2011. His energy, intelligence, and Mayor of the City of Dunkirk, New York, the Mrs. CAPPS. Mr. Speaker, it is with the dedication served the City of Santa Cruz since Honorable Richard Frey. greatest respect that I rise today to recognize 1976, when he co-founded the Resource Cen- With a long career in the private sector— Deborah Linden on the event of her retirement ter for Nonviolence. In 1991, Scott began his and distinguished wartime service in Korea, in- as Police Chief for the City of San Luis political career, serving on the Santa Cruz City cluding earning the Purple Heart—before run- Obispo. Council from 1991 to 1998 and again from ning for Mayor, Dick Frey has unquestionably Chief Linden is a native Californian, raised 2001–2003. He also served as the mayor of been a hands-on Mayor for the residents of in Sunnyvale. She moved to Santa Barbara in Santa Cruz in 1994 and 2004. Throughout his Dunkirk. 1979 to attend U.C. Santa Barbara, graduating life, Scott demonstrated a strong commitment

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19292 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 December 8, 2011 to his community and he will be dearly School is located in Orlando and is committed Brooklyn, New York under the mentorship of missed. I am proud to honor my friend and his to educating its students in a learning environ- the Senior Pastor, Rev. Dr. Arlee Griffin, Jr. service to the City of Santa Cruz and to the ment based on excellence in academic per- He also sits on the board of directors for the rest of the world. formance, enabling students to become pro- Berean Community and Family Life Center. Scott was born in Nebraska on December 9, ductive and responsible citizens. Rev. Benton has traveled extensively 1948, and grew up in San Jose, California. He The Chamber Choir is made up of 26 audi- began his advocacy for international peace tion-selected students from the 150-student throughout the world, partnering with the Na- while attending the University of California at Colonial High School Chorus. Their talent is tional Baptist Convention in Liberia, Africa. Santa Cruz when as a freshman he first trav- most recently marked by an invitation to per- Mr. Speaker, I would like to recognize Rev. eled to the Israel-Palestine region. Middle form at the White House on Friday, December Byron Benton for his exceptional dedication to Eastern issues were at the forefront of Scott’s 9, 2011. The parents and educators of these the youth of Brooklyn and his years of pastoral advocacy and he led some 25 delegations to students should be very proud of the dedica- service. the Middle East with increasing success over tion and discipline required to get to this level. three decades of involvement. Since the mid- On behalf of the citizens of Florida’s 8th f 1970s Scott attempted to amplify the voices of Congressional District, I am pleased to recog- Israelis and Palestinians who are committed to nize the Colonial High School Chamber Choir IN RECOGNITION OF RICHARD J. participating in a nonviolent struggle for lasting and congratulate the students for their hard LEONARDINI peace. Scott’s tenacity and passion provided work and accomplishment. the foundation from which the Resource Cen- f ter for Nonviolence has continued to prosper A TRIBUTE TO REV. BYRON HON. JOHN GARAMENDI to this day. His later heavy involvement with LEAVANCE BENTON the Washington, D.C.-based group Interfaith OF CALIFORNIA Peace Builders only adds to his great strides IN THE HOUSE OF REPRESENTATIVES toward world peace. His lifetime of humani- HON. EDOLPHUS TOWNS tarian service was honored in 2010 when he OF NEW YORK Thursday, December 8, 2011 IN THE HOUSE OF REPRESENTATIVES received the Pfeffer Peace Prize. Mr. GARAMENDI. Mr. Speaker, I rise today The Loma Prieta earthquake in 1989 was a Thursday, December 8, 2011 in honor of Captain Richard J. Leonardini, who jumping off point for Scott’s local political ca- Mr. TOWNS. Mr. Speaker, I rise today to is retiring after more than 31 years of law en- reer. Several affordable housing activists, honor the Rev. Byron LeaVance Benton for forcement service, with 22 years of that serv- afraid the disaster would result in a lack of af- his pastoral and community service that has ice to the City of Fairfield. As his colleagues, fordable housing, recruited Scott to be their benefited the youth and religious community of voice and run for city council. During his time Brooklyn. friends and family gather together to celebrate in elected office, he worked to construct low- Rev. Benton, a native of Greensboro, North the next chapter of his life, I ask all of my col- income housing, build a community soccer Carolina, is a graduate of North Carolina Agri- leagues to join me in saluting this outstanding field, pass a resolution against the first Iraq cultural and Technical State University where public servant and defender of peace and war and permanently preserve several green- he majored in Business Education with a con- safety. belt properties on the city’s perimeter. His in- centration in Administrative Systems. He Richard started his law enforcement career telligence and passion challenged and taught earned his Master’s of Divinity degree from as a Deputy Sheriff, serving three years for those who served alongside him to do their Princeton Theological Seminary, focusing his the El Dorado County Sheriff’s office and over very best for Santa Cruz. studies on homiletics and pastoral care. He is five years with the San Joaquin County Sher- Throughout all of these great achievements, currently pursuing a Doctorate of Arts in Mar- iff’s office. On March 6, 1989, he was hired as Scott had the stalwart support of his loving riage and Family Therapy at Eastern Univer- a Police Officer with the Fairfield Police De- family. He is survived by his wife and sity in Philadelphia, Pennsylvania. partment. As an officer, Richard worked in var- soulmate, Kristin (Kris), his two sons, Peter At A&T, he sat on the board of several pro- ious capacities that included Patrol, Investiga- and Benjamin and his daughter Megan, who grams that reached out to troubled youth in served in this Chamber as a Congressional the Greensboro area, and he served as the tions, Street Crime Apprehension (SCAT) and House Page. His entire family actively sup- percussion section leader and chaplain of the Field Training. He joined the Crisis Negotia- ported his work by door-to-door canvassing A&T University Band: The Marching Machine. tions Team in 1991, the Special Activity Fel- and later travelling to Israel and Palestine. While at Princeton, Rev. Benton served as ony Enforcement (SAFE) Team in 1992 and Scott described his family, and his wife Kris in a chaplain for both the Trenton Psychiatric was promoted to Police Sergeant on July 30, particular, as his bedrock. The support she Hospital in Trenton, New Jersey and the Asso- 1999. gave him made possible his lifelong humani- ciation of Black Seminarians at Princeton As a Police Sergeant, Richard served in Pa- tarian and political success. Theological Seminary. He was awarded the trol and then Personnel and Training before Mr. Speaker, on behalf of the House of Aaron E. Gast Award in Urban Ministry, the being promoted to Police Lieutenant on De- Representatives, I would like to extend our Jagow Award in Homiletics and Speech, and cember 14, 2001 and serving as the Com- the Ray Lindquist Award in Pastoral Care. Nation’s deepest condolences to Scott Ken- mander of the Special Operations Division. He Rev. Benton started a community drumline nedy’s family for their loss. I would like to was a thoughtful and capable manager which honor his great struggle for peace and his in Brooklyn, New York through the Berean led him to receiving the Manager of the Year service to the City of Santa Cruz. He was a Community and Family Life Center. The award in 2002. On March 19, 2004 he was treasured Mayor, father, and husband and he drumline’s vision is to encourage positive, ho- promoted to Police Captain and served in Ad- will be greatly missed. listic health in youth by providing physical ac- ministration, Support Services, and Field Op- f tivity that combats obesity, prevents disease, and encourages an overall healthy lifestyle, erations. RECOGNIZING THE COLONIAL HIGH while simultaneously creating self-discipline Richard has been a valued employee and SCHOOL CHAMBER CHOIR and encouraging community service. Their his commitment to the community was evi- performances include: museums, numerous denced on a daily basis. He was a loyal rep- HON. DANIEL WEBSTER church and youth ministry events, and as ac- resentative of the law enforcement community OF FLORIDA companiment for the Jamal Jackson Dance and admired for his hard work, dedication, and IN THE HOUSE OF REPRESENTATIVES Company. They were also featured in the positive work ethic. 2011 Black History Calendar by Aetna Thursday, December 8, 2011 Healthcare. They placed second in both the Mr. Speaker, I am truly honored to pay trib- Mr. WEBSTER. Mr. Speaker, it is my pleas- 2011 Hot 97 Battle in the Apple and Battle of ute to this dedicated public servant. I ask all ure to recognize the Colonial High School the Drumlines. of my colleagues to join with me in wishing Chamber Choir during their visit to Wash- Rev. Benton currently serves as the Associ- Richard J. Leonardini continued success and ington, DC. Founded in 1959, Colonial High ated Pastor of the Berean Baptist Church in happiness in all of his future endeavors.

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 19293 HONORING THE NATIVE AMERICAN ask all my colleagues to join me in honoring nation during World War II. Originally assigned CODE TALKERS the essential role that the Capitol Corridor to the revered 78th Infantry Division, Garner plays in Northern California. soon applied and was selected for Army Air HON. JARED POLIS Since its inception on December 12, 1991, Corps pilot training. He served nearly a year OF COLORADO with a mere six trains between Sacramento abroad with the Air Corps, running an oxygen IN THE HOUSE OF REPRESENTATIVES and San Jose, the Capitol Corridor has signifi- generating plant on Guam in support of the B– cantly grown and invested in infrastructure, in- 29 bombers that raided Japan. Thursday, December 8, 2011 creasing the number of weekday trains to thir- Six months after the war’s end, Garner de- Mr. POLIS. Mr. Speaker, I rise today to ty-two, weekend trains to twenty-two and ex- cided to make military service his career and honor the Native American Code Talkers for panding its corridor to span seven counties reentered what was now the United States Air their selfless contributions to America’s de- with a total population of 6.7 million. In addi- Force. Garner’s troop carrier organization fense during World Wars I and II. During these tion to investing in railcars and tracks, it has serviced all the embassies in Central and times of worldwide turmoil, hundreds of Amer- established signaling systems and sixteen sta- South America and the Caribbean and, from ican Indians joined the United States’ Armed tions that directly connect its passengers to 1948–1949, participated in the Berlin Air Lift. Forces with the goal of protecting freedom and the Bay Area Rapid Transit (BART) system, Over the course of his career, Garner also de- human rights around the world. Santa Clara Valley Transportation Authority ployed to Japan, Wake Island, Bermuda, The Code Talkers, as these brave soldiers buses, and Sacramento Regional Transit light Bangkok, and Thailand. became known, used their ancient tribal lan- rails. Garner retired in 1970 after 27 years of ac- guages to develop a military communications Over the past twenty years, the Capital Cor- tive duty service. He then became a civil serv- code that no enemy was ever able to crack. ridor has experienced a 600 percent increase ant, kicking off a second, 20-year career with American Indians served bravely in both World in ridership, up to 1.7 million passengers in the Social Security Administration. During Wars, though the most well-known code the 2010–2011 fiscal year. In all, it has carried those years, Garner also served with the group, the Navajo Code Talkers, was not nearly 19 million people to travel 1.3 billion Texas State Guard, receiving numerous formed by the Marine Corps until the 1940s. miles. With this popular intercity train service, awards and citations and achieving the rank of The Navajo Code Talkers came up with a the downtown Sacramento Valley Station is Colonel. code that enabled them to send and receive now the seventh busiest Amtrak station in the An active community servant with the Plano messages that were unintelligible to eaves- country. VFW and Air Force Sergeant’s Association, droppers. The Navajo language had no alpha- The Capitol Corridor has been managed by Gamer continues to put others first. bet, and only an extraordinarily few individuals the Capitol Corridor Joint Powers Authority For these reasons, it is my pleasure to outside of the Navajo community were fluent (CCJPA) since 1998. Previously, the Capitol name Thomas Garner a recipient of the inau- in it, making it the ideal foundation for updat- Corridor was a partnership between Amtrak gural Congressional Veteran Commendation ing the U.S. military’s slow-to-decipher and and Caltrans. The CCJPA consists of a part- for the Third District of Texas. easily broken codes. Over 400 Navajo Code nership of six transit agencies from the coun- f talkers served bravely in World War II, and ties serviced by the Capitol Corridor. Oper- their code was considered so secretive that ating funds for the CCJPA are provided by PERSONAL EXPLANATION they were prohibited from writing it down. It Caltrans. Administrative costs are kept down was not until the declassification of the code because of the strong partnership between HON. LYNN C. WOOLSEY in 1968 that Americans were truly able to ap- Amtrak, BART, Caltrain, Caltrans, CCJPA and OF CALIFORNIA preciate the contributions of the Code Talkers. Union Pacific Railroad. In the past twenty IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is fitting that as we remem- years, the Capitol Corridor has stayed major Thursday, December 8, 2011 ber the brave Americans whose lives were lost accident-free and also improved lives by re- at Pearl Harbor 70 years ago this week, we ducing air pollutants and greenhouse gas Ms. WOOLSEY. Mr. Speaker, on December also honor all of America’s veterans who have emissions. 7, 2011, I was unavoidably detained and was committed their time and risked their lives to Mr. Speaker, I am honored to pay tribute to unable to record my vote for Rollcall No. 898. protect our nation. It is with great honor and the Capital Corridor, and its record of giving Had I been present I would have voted: respect that I offer my appreciation to the Northern Californians more transportation op- Rollcall No. 898: ‘‘Yes’’—Jackson Lee of Code Talkers for exemplifying the spirit and tions, on their 20th anniversary. I ask my col- Texas Part B Amendment No. 6. commitment of public service and duty to leagues to join me in honoring the Capitol f country. Indeed, both their code and their Corridor’s outstanding work in providing the A TRIBUTE TO NIKITA DAVIS commitment to America remain unbreakable, community with much needed services. and to this day we remain in awe of their f achievements. HON. EDOLPHUS TOWNS ANNOUNCING RECIPIENTS OF THE OF NEW YORK f INAUGURAL CONGRESSIONAL IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF THE 20TH AN- VETERAN COMMENDATION FOR NIVERSARY OF THE CAPITOL THE THIRD DISTRICT OF TEXAS Thursday, December 8, 2011 CORRIDOR Mr. TOWNS. Mr. Speaker, I rise today in HON. SAM JOHNSON recognition of Ms. Nikita Davis for her passion HON. DORIS O. MATSUI OF TEXAS for teaching and serving as a mentor to the OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES youth in her community. IN THE HOUSE OF REPRESENTATIVES Ms. Davis was influenced at a young age by Thursday, December 8, 2011 her peers and teachers to serve as a role Thursday, December 8, 2011 Mr. SAM JOHNSON of Texas. Mr. Speaker, model for young adults in New York City. Ms. MATSUI. Mr. Speaker, I rise today in it is a privilege to announce before my col- When she attended Mary Louis Academy for recognition of the 20th anniversary of the Cap- leagues in the United States House of Rep- girls in Jamaica Estates, New York, her math- itol Corridor train service, which connects the resentatives the names of eleven distin- ematics teacher made such a great impres- Sacramento Region to the San Francisco Bay guished military veterans and community serv- sion on her that it has transcended into her Area. It is a great pleasure to recognize the ants who call the Third District of Texas home. current work. At the time Ms. Davis gained an corridor’s stellar track record of providing cost- For their selfless service and dedication to affinity for working with adolescents and other effective, public transportation that stimulates their neighbors and nation, the following indi- students, tutoring and teaching them alongside economic development, reduces emissions, viduals have been selected as recipients of her teachers. and promotes partnerships among pas- the inaugural Congressional Veteran Com- When Ms. Davis enrolled in Mount St. Mary sengers, private investors, and the commu- mendation: College and began studying mathematics and nities. As the Capitol Corridors’ supporters and Thomas C. Garner joined the United States secondary education, she continued her work partners gather to celebrate this milestone, I Army on March 5, 1943, eager to serve his with teens in the community. Upon completion

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19294 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 December 8, 2011 of her undergraduate studies, Ms. Davis was 21 percent of the United States GDP was gen- sity. He used his many years of education to offered a teaching position in the Mathematics erated by venture capital-backed start-up com- perpetuate the transfer of biblical knowledge Department of the NYC Department of Edu- panies. In addition, an August 2011 survey of and insight to instruct a Homiletics course at cation. She has served in this capacity for the CEOs conducted by the IPO Task Force found Ashland Theological Seminary in Ohio. In ad- past eight years and truly loves the difference that over 90 percent of job growth occurs after dition to academic leadership, Dr. McMickle she can make among the youth. a company goes public. has written numerous books, articles and ser- Ms. Davis reminds herself of how her grass- Unfortunately, a series of ‘‘one-size-fits-all’’ mons to serve as tools and guidelines for oth- roots involvement with her peers at a young laws and regulations have changed the nature ers to develop their ministries. age propelled her to this current post. To this of the United States’ capital markets and had Congratulations to Colgate Rochester day Ms. Davis still works with students after a disproportionate cost on smaller American Crozer Divinity School for selecting such an school for personal tutoring, and is a member public companies. Washington’s regulatory exceptional man, husband, father and leader of the United Federation of Teachers Delegate oversteps have harmed American workers by as their new President. Dr. McMickle will be Assembly where she serves as a union dele- eliminating jobs that are created when a start- deeply missed in my district, but I know his gate for her colleagues. up company decides to go public. Instead, to work at Colgate will continue to change the A quote that offers a unique perspective into avoid costly regulatory requirements, many world. the drive Ms. Davis has for her profession is companies decide to merge with others, which f by Sasha Azevedo. ‘‘When you love people usually results in job cuts. and have the desire to make a profound, posi- To help solve this problem, my bill would IN HONOR OF THE LEMAY FIRE tive impact upon the world, then you will have create a new category of issuers, called DISTRICT accomplished the meaning to live.’’ For Ms. ‘‘Emerging Growth Companies’’ that have less Davis this is the essence of her mission as an than $1 billion in annual revenues when they HON. RUSS CARNAHAN educator. register with the SEC and less than $700 mil- OF MISSOURI Ms. Davis lives in Brooklyn, NY, and is mar- lion in public float after the IPO. These compa- IN THE HOUSE OF REPRESENTATIVES ried to her wonderful husband Derrick and has nies will have as many as five years to transi- Thursday, December 8, 2011 two daughters, Anaiya and Laila. tion to full compliance with a variety of federal Mr. Speaker, I urge my colleagues to join regulations that are expensive and burden- Mr. CARNAHAN. Mr. Speaker, I rise today me in recognizing the profound accomplish- some to new companies. This ‘‘on-ramp’’ sta- to recognize the Lemay Fire District, which will ments of Ms. Nikita Davis to continue the fight tus will allow small and midsize companies the be celebrating its 100th Anniversary in 2012. of educating our youth. opportunity to save on expensive compliance The history of Lemay Fire District can be f costs and create cash needed to successfully traced back as early as 1902. Due to unre- grow their businesses and create new Amer- stricted building, no fire protection, and bad THE REOPENING AMERICAN CAP- ican jobs. roads, some insurance companies refused to ITAL MARKETS TO EMERGING I am proud to have Mr. CARNEY from Dela- write insurance in the Lemay area. So, after GROWTH COMPANIES ACT OF 2011 ware and 26 additional co-sponsors from both several disastrous fires, the Luxemburg Im- sides of the aisle join me in introducing this bill provement Association organized a volunteer HON. STEPHEN LEE FINCHER today. With unemployment holding steady just fire department in 1902. The Longwood Volun- OF TENNESSEE under 9 percent, this bill would help bring in- teer Fire Department Fire Association was or- IN THE HOUSE OF REPRESENTATIVES vestments back to the United States and help ganized two years later to provide protection to the south side of Lemay. Thursday, December 8, 2011 our best job creators put Americans back to work. There still remained an area between the Mr. FINCHER. Mr. Speaker, unemployed f two that had no fire protection, so a group of Americans are crying out for more jobs and citizens organized the Bismark Heights Volun- urging Congress to review rules and regula- IN RECOGNITION OF DR. MARVIN teer Fire Department. The department added tions that stifle innovation, economic growth, ANDREW MCMICKLE equipment through the years but had experi- and job creation. I am introducing the Reopen- enced difficulty keeping track and caring for ing American Capital Markets to Emerging HON. MARCIA L. FUDGE the equipment. So in July 1911, the Bismark Growth Companies Act of 2011 for one rea- OF OHIO Heights Volunteer Department incorporated so son: to increase job creation on Main Street. IN THE HOUSE OF REPRESENTATIVES it could have recourse to law to protect the Burdensome costs are discouraging compa- equipment. This incorporation would eventu- nies from going public, which deprives firms of Thursday, December 8, 2011 ally lead to the Lemay Fire Protection District. the capital needed to expand their businesses Ms. FUDGE. Mr. Speaker, on behalf of the In 1917 the Bismark Heights Volunteer De- and hire more American workers. citizens of the Eleventh Congressional District partment changed its name to Dewey Heights During the last fifteen years, fewer and of Ohio, I rise today to recognize a religious Volunteer Fire Department, the change being fewer start-up companies have pursued Initial leader, constituent, and friend in my District. recorded in 1922. A fire house was built in the Public Offerings (IPOs) to access the capital At the beginning of January 2012, Reverend summer of 1919 at the corner of Orient and needed to expand their businesses, develop Dr. Marvin Andrew McMickle will assume his Erskine Avenue. innovative products, and hire new employees. new full-time role of President at Colgate On December 6, 1920 the Longwood and The number of IPOs in the United States is Rochester Crozer Divinity School. For the past Luxemburg Volunteer Fire departments were slipping behind the rest of the world in terms 24 years, Dr. McMickle has been the Pastor of invited to consolidate with Dewey Heights as of growing our markets. Other markets are Antioch Baptist Church, leading his flock and one organization. By 1921, both departments growing or holding steady, while the United many others to join him in the fight for social, turned their equipment and assets over to States continues to decline. This is especially racial, and economic justice. Dr. McMickle’s Dewey Heights. true in the Asian markets, which have seen an travels to Israel, Greece, Austria, Senegal and In 1933, a tag system was introduced to pay explosion of new public companies in recent the West Indies are testaments of this effort to for the protection which consisted of 1500 years. uphold his teachings of justice. His leadership people. Later that year, full time firefighters Since 2010, the Asian markets have had in Northeast Ohio is unmatched. He served on were added, giving 24 hour service. nearly 700 new IPOs compared to less than numerous boards and led organizations, in- In May 1942, the voters in the Lemay area 300 in the United States during the same cluding President of the Cleveland NAACP be- approved a tax-supported fire district. The time-frame. Unfortunately, federal regulatory tween 1989 and 1992. Dewey Heights Fire Department was officially burdens are a major contributing factor in the Dr. McMickle’s many accomplishments can named the Lemay Fire Protection District. The steep drop of IPOs in the United States. be attributed to his educational credentials. district operated out of the fire station located This decline is of concern because going Over the years, Dr. McMickle has obtained at Erskine and Orient Avenue until 1992. public provides opportunities for companies to several post-secondary degrees, two of which In 1979, the fire district added another serv- raise badly needed capital in order to expand, are Doctorates from Princeton Theological ice to help the community; it hired paramedics reinvest, and create jobs. From 2008–2010, Seminary and Case Western Reserve Univer- and established an ambulance service. The

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The north part of Thursday, December 8, 2011 Lemay has been flooded causing propane HON. EDOLPHUS TOWNS Ms. HOCHUL. Mr. Speaker, even though tanks to become loose and creating an expos- OF NEW YORK we are approaching the conclusion of the wars ing hazard. With the help of many fire agen- IN THE HOUSE OF REPRESENTATIVES in Iraq and Afghanistan, we still live in a dan- cies, the disaster was prevented and lives Thursday, December 8, 2011 were saved. gerous world. But if we look back over the The Lemay Fire Protection District continues Mr. TOWNS. Mr. Speaker, I rise today in past two decades we can see that consider- to serve the citizens of Lemay with twenty four recognition of Laverne Nimmons for her serv- able progress has been made. firefighters. While many things have changed ice towards educating the youth of Brooklyn In 1991 the Soviet Union disintegrated, ac- over the last 100 years, the one constant that and her high expectations for her community. cording to our late, great Senator Daniel Pat- has remained the same has been the unwav- Dr. Nimmons was born in South Carolina rick Moynihan, a victim of ethnic tensions ering commitment to the community. and migrated to Brownsville, Brooklyn in 1960 among the various and diverse republics that f where her mother would instill in her a lifelong made up the USSR. Two decades later, much passion for teaching. Dr. Nimmons’ mother change has taken place in the former Soviet HONORING ERIC MASSARI was a teacher at PS 137K and eagerly and Union. Independent democracies have begun ambitiously pushed her daughter towards to emerge where once there were just brutal HON. CHRISTOPHER S. MURPHY studying public education. Dr. Nimmons at- dictatorships. The Cold War is now over and OF CONNECTICUT tended Queens College after the passing of we no longer have the same types of de- IN THE HOUSE OF REPRESENTATIVES her mother and would receive her Bachelors mands on our defense infrastructure prevalent and Masters degree in Education. She contin- of that era. Thursday, December 8, 2011 ued her educational pursuits, receiving her There is one former Soviet Republic that I Mr. MURPHY of Connecticut. Mr. Speaker, Professional Degree in Administration and Su- would like to single out today and congratulate I rise today to honor the dedication and serv- pervision from St. John’s University, and a on the 20th anniversary of its independence, ice of Mr. Ericolino ‘‘Eric’’ Massari of Water- Ph.D. in Educational Leadership from Ford- the Republic of Azerbaijan. Azerbaijan has bury, Connecticut, one of our nation’s distin- ham University. been a good friend of the United States, co- guished heroes. In 2003, Dr. Nimmons began an eight year operating with us on the war on terror and the Mr. Massari served in the 5307th Composite career as Principal of Granville T. Woods Pub- program to prevent former Soviet nuclear Unit (Provisional), also known as ‘‘Merrill’s Ma- lic School 335, which serves the predomi- weapons from falling into the wrong hands. rauders,’’ a group that operated in Southeast nantly African American, Crown Heights and Azerbaijan has also provided important Asia during World War II. This elite and all-vol- Bedford Stutvesant Brooklyn neighborhoods. logistical support to our forces in Afghanistan unteer unit successfully conducted numerous In this time Dr. Nimmons increased the pass- and sent over 150 soldiers to assist us in our daring missions behind Japanese lines. ing rates in both mathematics and English efforts in that country. Throughout their service, these volunteers courses by 67% and 61% respectively. With As a secular Shiite Muslim country, Azer- suffered from a multitude of illnesses and dis- the guide of Dr. Nimmons P.S. 335 made the baijan has been a role model. Before Azer- eases, extreme malnutrition and countless en- transformation, showing most gains of any baijan was incorporated into the Soviet Union counters in which they were both outgunned other 4th grade students in New York State in in 1918, after the Russian Revolution, the and outnumbered. By the end of the war, the mathematics and English. This earned the country enjoyed a brief period of independ- Marauders had advanced approximately 750 school the distinction of a National Blue Rib- ence, and was the very first Muslim country to miles through one of the harshest jungles in bon Award. grant women the right to vote in 1918, two the world. Of the 2,750 men to cross enemy Prior to becoming Principal at Granville T. years before the United States did so with the lines, only two were left alive who had not Woods School, Dr. Nimmons was the director ratification of the 19th Amendment. been hospitalized. Mr. Massari was one of of curriculum and instruction for Community these two men, and explains that he ‘‘had the School District Sixteen. In this capacity she di- Azerbaijan has also enjoyed strong relations good lord on [his] shoulders at all times.’’ rected elementary and middle school Prin- with Israel and the over 12,000 Azeri Jews are The Marauders have received widespread cipals and teachers in professional develop- treated as full members of that society. Unlike and deserved recognition for their heroic acts. ment activities in all curriculum areas. The dis- most Muslim countries, Azerbaijan has full dip- There have been books, movies, and comic trict that was once one of the lowest per- lomatic relations with Israel and has hosted books depicting their brave encounters. forming in the city, now boasts better gains Israeli President Shimon Peres on a state visit Waterbury is lucky to have such a hero liv- than many other New York City school dis- in 2009. Israel is also Azerbaijan’s 5th largest ing in Town Plot. Each soldier has been tricts in similar socioeconomic communities. trading partner, and Azerbaijan provides over awarded the Bronze Star, and the unit has Dr. Nimmons has been awarded many pres- one-sixth of Israel’s oil supply. As a result of been awarded a Distinguished Unit Citation. tigious awards for her dedicated service: the these strong relations, when almost 600 Israeli However, one of the most meaningful recogni- Terrell Bell Award for Excellence in Leader- citizens were stranded in Georgia at the be- tions for Mr. Massari came in the form of a ship, Educator of the Year Award in 2009 and ginning of the Russian invasion of that country postcard that he received last month. It was a 2011 from Education Update Magazine, and and the Tbilisi Airport closed, Azerbaijan sent thank you card from a group of Chinese stu- the 2010 Outstanding Educator of the Year buses to the Georgian border to help evacuate dents, who had recently learned about the Ma- from the Association of Black Educators in the Israelis. rauders in school. They wanted to express New York. Dr. Nimmons is currently a member Mr. Speaker, today I would like to concur their appreciation for being rescued from the of the Cahn Fellows Program for Distinguished with President Obama’s statement on October Japanese by Massari’s unit some 67 years Public School Principals at Teachers College, 20, 2011 that ‘‘This 20th anniversary of inde- ago. Columbia University. pendence, and Azerbaijan’s achievements Mr. Speaker, Ericolino Massari represents Dr. Nimmons’ leadership, compassion and during this time, demonstrate the extraordinary the kind of courage, honor, and character that knowledge make her an example to all in our promise and determination of the Azeri peo- all of us should admire. As a distinguished community. Mr. Speaker, I urge my colleagues ple. The United States is committed to devel- veteran and a former employee at the Water- to join me in recognizing the vast achieve- oping greater opportunities to work with the bury Tool Company, Mr. Massari has spent ments of Dr. Laverne Nimmons. Government and people of Azerbaijan.’’

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19296 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 December 8, 2011 TRIBUTE TO BEN MCKINNON, the South Carolina Association of Broad- women who receive prenatal care. Among ‘‘GODFATHER OF BIRMINGHAM casters, the Broadcaster of the Year Award Nettie’s numerous other legislative accom- RADIO’’ from the Alabama Broadcasters Association, plishments are her HIV Rape Law, which re- and the National Association of Broadcasters quires a court to comply with a rape victim’s HON. JO BONNER State Executive of the Year Award. request to test the accused for HIV; her Part- OF ALABAMA On behalf of the people of Alabama, I wish ner Notification Law, which requires the IN THE HOUSE OF REPRESENTATIVES to offer condolences to Ben’s daughters, Shar- names of those testing positive for HIV to be on Bruns, Ellen McKinnon and Lisa McKinnon; reported to the Department of Health for the Thursday, December 8, 2011 and grandchildren and many friends. You are purpose of contact tracing and partner notifica- Mr. BONNER. Mr. Speaker, I rise to pay each in our thoughts and prayers. Ben was tion; her Victim Impact Law, which allows the tribute to one of Alabama’s radio pioneers, Mr. well loved and will be sorely missed. victims of a crime to describe, in court, the ef- Ben McKinnon, who recently passed away at f fect the crime has had on their lives; and her the age of 89. An influential force in broad- Food Service Law, which implemented crucial casting throughout the Southeast, Ben was IN RECOGNITION OF THE CAREER health safety measures for food service work- perhaps best known as the ‘‘Godfather’’ of Bir- AND ACHIEVEMENTS OF THE ers. mingham radio. HONORABLE NETTIE Nettie Mayersohn’s unwavering commitment Born in Maxton, North Carolina, Ben grad- MAYERSOHN to AIDS policy inspired the Beyond AIDS uated from the University of North Carolina Foundation to create the Nettie Award—an an- with an AB in Journalism. As the nation be- HON. GARY L. ACKERMAN nual honor that recognizes outstanding efforts came involved in the Second World War, Ben OF NEW YORK to promote HIV prevention and control in the answered his country’s call to duty by serving IN THE HOUSE OF REPRESENTATIVES United States and across the world. Nettie as a line officer in the U.S. Navy. Seeing ac- herself was given a special Nettie Award from Thursday, December 8, 2011 tion in both the Atlantic and Pacific theatres, Beyond AIDS in 2002, in recognition of her Ben led one of the major assault waves on Mr. ACKERMAN. Mr. Speaker, I rise today leadership on HIV/AIDS issues. That year, she Yellow Beach in Okinawa. in recognition of the exceptional achievements also received the Public Service Award from Upon returning home from the war, Ben and outstanding career of New York State the National Alliance for the Mentally Ill. traded his service pistol for a typewriter as Assemblywoman Nettie Mayersohn. Nettie After 28 years of tireless service, Nettie re- editor of three weekly newspapers in his home was the political midwife to a generation of tired from the Assembly at the beginning of county. But it wasn’t long before his gaze young politicians in New York. She spent dec- April 2011 so she can spend time more with turned toward the growing broadcast industry. ades working tirelessly for the people of her wonderful family. While I lament Nettie’s He soon joined the staff of legendary Charlotte Queens, and I know I speak for many when I retirement from an impressive career as a radio station WBT as local sales manager. say that her recent retirement from the As- public servant, she will remain my lifelong Three years later he was hired as general sembly has truly marked the end of an era. friend. We are all beyond grateful for every- manager of television station WGVL in Green- Nettie is being honored this week for her innu- thing she has done to help New Yorkers. I ville, SC. His skills as a manager quickly merable accomplishments over many years by wish her all the best in her retirement—she brought him down to Alabama where he took the Stevenson Regular Democratic Club at its will be sorely missed in public life. the reins of Birmingham radio station WSGN. annual dinner, and I would like to join in rec- Mr. Speaker, Nettie Mayersohn is a one-of- From that point on, he would call Alabama’s ognizing the profound impact that my very a-kind leader and I ask my colleagues to join largest city his home. dear and long-time friend, Nettie Mayersohn, me in recognizing her accomplishments and As vice president and general manager and has had on our community. thanking Nettie for a lifetime of dedication to later president of WSGN, Ben transformed the Nettie Mayersohn’s steadfast dedication to her community. radio station into a dominant player in Bir- Queens County began long before she was f mingham and north Alabama broadcasting. elected to the Assembly. For over 20 years, HONORING THE 10TH ANNIVER- Under his leadership, WSGN—known as ‘‘The she served as a community activist, making a SARY OF THE EAST ALDINE Big 610’’—thundered across the airwaves with name for herself as an unrelenting advocate MANAGEMENT DISTRICT the Magic City’s first full-time ‘‘top 40’’ format. for children and families in Queens. She was For those who listened to radio in the 50s and a member of Community Board 8 for ten 60s, rock ’n roll was king. Under Ben’s direc- years, at one time serving as the Chairperson HON. GENE GREEN tion, WSGN proudly wore the crown in Bir- of its Youth Committee; she served as the OF TEXAS mingham radio and earned a spot as one of Chairperson of the Pomonok Community Cen- IN THE HOUSE OF REPRESENTATIVES the nation’s top rock ’n roll stations. ter; and she continues to serve as a Demo- Thursday, December 8, 2011 Upon his retirement after 28 years with cratic District Leader, a role she has filled for Mr. GENE GREEN of Texas. Mr. Speaker, WSGN, Ben remained a strong voice in the some three decades. Nettie also served as the I rise today to recognize the tenth anniversary state’s communications industry. As executive Executive Secretary of the New York State of the East Aldine Management District for director of the Alabama Broadcasters Associa- Crime Victims Board. In 1977, Nettie was New their commitment to improving the safety and tion, he was a frequent visitor to Washington, York State’s delegate to the International development in East Aldine. DC to advocate on behalf of our local radio Women’s Conference and the recipient of the The District was created in June of 2001 and television stations. He led the ABA for 18 Builders of Brotherhood Award from the Na- with the purpose to improve the physical, so- years before retiring a second time. tional Conference of Christians and Jews. She cial, and economic well-being of the commu- Mr. Speaker, Ben’s awards and accomplish- received a B.A. from Queens College in 1978, nity. Their goal is to attract public and private ments are, frankly, too extensive to list here. and was elected four years later to represent investments and promote the area as a lead- He was active in numerous major Birmingham the 27th District in the New York State Assem- ing place to not only invest but also to work area community service organizations for dec- bly. and live. Since then the District has gained the ades, ranging from board member of the Jef- As an Assemblywoman, Nettie led the power to finance public safety and transpor- ferson County March of Dimes and the Bir- charge to improve healthcare for New Yorkers tation projects as well as assist with environ- mingham Chapter of the American Red Cross, and defend the rights of victims of violent mental and economic development. to president of the Jefferson County Chapter crime. Nettie’s proudest and best-known District funding has improved the commu- of the American Cancer Society—to name but achievement was the 1996 passage of her nity’s street conditions by adding pedestrian a few. Baby AIDS bill, which requires doctors in New crosswalks, signage to the streets and land- His remarkable career and many contribu- York State to tell a mother if her newborn child scaping, making the area more attractive to tions to society are further highlighted by an is HIV-positive. While the fight to enact this bill families and businesses. In the year 2010 impressive array of recognitions including the was, at times, a lonely battle, Nettie’s tenacity alone, the District funded over $240,000 in Thad Holt Distinguished Broadcaster Award and fortitude resulted in a landmark law that community projects. from the University of Alabama School of has saved an untold number of lives and led The District’s economic development pro- Communications, the Silver Plate Award from to an increase in the number of pregnant gram provides across-the-board marketing and

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 19297 public relations activities for the District to sup- dents have been able to continue on to higher Folmar, who passed away on November 11 at port business retention and encourage new education. the age of 81. business within the District as well as expan- To Norma, their sons Stanford and Steven, Emory Folmar was born in Troy, AL, in 1930 sion of small businesses. The development and the entire Griffin family, I extend my heart- and moved to Montgomery when he was four- program is successful due to the advanced felt condolences. Your loss is shared not only teen. After graduating from Sidney Lanier High media outreach which includes traditional by those who knew Ralph personally, but also School in 1948, he attended The University of methods such as print and mailings but also by all of those touched by his work. I ask my Alabama, receiving a BS in Business in just utilizes the District’s alliance with community colleagues to join me in remembering Mr. three years while serving as cadet colonel of partners. Ralph Griffin, a courageous and compas- the Army ROTC. Over the past ten years this community has sionate man who shared his time and talent After college, he received an Army commis- witnessed significant advancements but the freely for the betterment of our entire commu- sion and went to Ft. Benning, GA for para- next ten years will bring even more economic nity. chute training and instructors’ schools where growth to the area. The District is located just f he was assigned to the 11th Airborne Division four miles away from Houston Intercontinental attached to the 2nd Infantry Division. He mar- Airport and the Port of Houston is a mere CONGRATULATING SAN JACINTO ried Anita Pierce in February 1952 and was twelve miles away, making the District a great COLLEGE ON ITS 50TH ANNIVER- deployed to Korea that summer. Wounded in expansion location for manufacturing, SARY action, he received the Silver Star, the Bronze warehousing, and distribution companies. Star and the Purple Heart. At the rank of lieu- I congratulate the President and CEO David HON. PETE OLSON tenant, he received the French Croix de Hawes, Board Chairman Gerald Overturff, the OF TEXAS Guerre as a result of his actions with the 23rd entire East Aldine District staff, and the many IN THE HOUSE OF REPRESENTATIVES Regiment of the 2nd Infantry Division and other volunteers that have dedicated their time French troops. Thursday, December 8, 2011 to improving their community. Following his service in Korea, he was as- f Mr. OLSON. Mr. Speaker, I rise today to signed to Ft. Campbell, Kentucky, as an Air- congratulate San Jacinto College on its fiftieth borne Jump Master until 1954. He then moved HONORING RALPH STANFORD anniversary. For fifty years, San Jacinto Col- to Montgomery to join his brother James GRIFFIN lege has provided high quality education to the Folmar and Henry Flynn in home construction. citizens and communities of East Harris Coun- The Folmar brothers’ business later expanded HON. GEORGE MILLER ty, Texas. Congratulations to San Jacinto Col- to include large commercial shopping center OF CALIFORNIA lege for a wonderful half-century of empow- construction throughout the Southeast. IN THE HOUSE OF REPRESENTATIVES ering students to achieve their goals. In 1975, he entered politics at the urging of San Jacinto College first opened its doors Thursday, December 8, 2011 his son David, first running for Montgomery on Sept. 18, 1961, in a downtown Pasadena city council. He was soon elected president of Mr. GEORGE MILLER of California. Mr. storefront, with an initial enrollment of 700 stu- the city council and then became Mayor of Speaker, I rise today to remember and pay dents. Thanks to their passion for helping stu- Montgomery from 1977 till 1999. His time in tribute to the tremendous contributions made dents succeed, the college has grown to serve office was marked by economic growth and an to our community by my friend and con- more than 30,000 students in 140 disciplines, emphasis on law and order. stituent, Ralph Stanford Griffin, who passed and it continues to expand. Mayor Folmar ran as Republican for gov- away on December 1, 2011. A leader in comprehensive learning, San ernor in 1982 against former Democrat Gov- Ralph Griffin, a native of San Antonio, Jacinto College recently earned recognition for ernor George C. Wallace. Although he did not Texas, worked and raised his family in the being a veteran friendly college and was win the election, Emory made the strongest San Francisco Bay Area, retiring as an educa- named an Achieving the Dream Leader Col- showing of any Republican running for gov- tor and administrator from the Oakland Unified lege. This establishment plays a critical role in ernor since reconstruction to that time. School District. Ralph was a lifelong champion improving the educational experience of the Very active in Republican politics on the of equal education for all, services for the de- hard working citizens in our communities. state and national levels, he also served as velopmentally disabled, and support for Afri- Access to quality education is an important campaign chairman for Ronald Reagan’s fi- can American families in our community. stepping stone to achieve the American dream nance committee in 1980; state chairman for His passion and determined advocacy was of a better life. San Jacinto College provides President Reagan in 1984; and chairman for in no small part the catalyst for establishing a valuable opportunity for people throughout Bush-Quayle in 1988 and 1992. After retiring the Black Families Association of Contra our communities to access higher education. from politics, he was appointed Commissioner Costa County (BFA) in 1973. As Founding As President Kennedy once said, ‘‘Our of the Alabama Beverage Control Board by Members, Mr. Griffin and his wife of 50 years, progress as a nation can be no swifter than then-Governor Bob Riley in 2003. During his Norma, together with a small group of their our progress in education. The human mind is time in that post, he streamlined and modern- peers saw the need for African Americans in our fundamental resource.’’ ized the ABC to make it more efficient. their community to have an outlet to discuss The achievements of San Jacinto College Mr. Speaker, on behalf of the people of Ala- current events and provide support to one an- bring pride to Houston and all of Texas. Con- bama, I wish to send my heartfelt condolences other. In an era where racism and biases still gratulations to San Jacinto College for fifty to his wife, Anita; their children, Wilson Bibb prevented equal access to housing and edu- years of excellence and to a bright future and Margaret; and their grandchildren; as well cation, the BFA was a place where neighbors ahead. as his sisters, Miriam and Anne, and many could come together to guide and help one f friends. You are all in our thoughts and pray- another through these challenges. It was and ers. TRIBUTE TO MONTGOMERY, remains an organization that promotes cultural f heritage, pride, and dignity within the commu- ALABAMA MAYOR EMORY FOLMAR nity, and provides scholarships for deserving HONORING ALBERT BIERSTADT high school students. HON. JO BONNER AND THE HUDSON RIVER Ralph Griffin further extended his commit- OF ALABAMA SCHOOL OF PAINTING ment to students’ access to higher education IN THE HOUSE OF REPRESENTATIVES as a dedicated member of the Kennedy-King Thursday, December 8, 2011 HON. JARED POLIS Memorial Scholarship Fund. He was instru- OF COLORADO mental in helping the Fund provide annual Mr. BONNER. Mr. Speaker, I rise to give IN THE HOUSE OF REPRESENTATIVES $8,000 college scholarships to students from tribute to an Alabamian whose patriotism and minority groups often under-represented at devotion to country made him a leader early in Thursday, December 8, 2011 California’s four-year colleges and universities. life and carried him to prominence in business Mr. POLIS. Mr. Speaker, I rise today to call It is due to Ralph’s commitment that so many and public service in later years. I am speak- attention to a change in the Capitol Visitors of our brightest graduating high school stu- ing of former Montgomery Mayor Emory Center. Two paintings by the prominent 19th

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19298 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 December 8, 2011 century painter Albert Bierstadt have recently THE FAILURE TO PROTECT FARM- IN RECOGNITION OF JOHN M. been returned to the Capitol Complex by the ERS AND RANCHERS FROM COR- DUGAN Architect of the Capitol. Originally purchased PORATE ABUSES after the Civil War, ‘‘Discovery of the Hudson HON. JOHN GARAMENDI River’’ and ‘‘Entrance into Monterey,’’ are part OF CALIFORNIA of the first indigenous American school of HON. MARCY KAPTUR IN THE HOUSE OF REPRESENTATIVES painting, called the Hudson River School. This OF OHIO Thursday, December 8, 2011 movement was not just restricted to beautiful IN THE HOUSE OF REPRESENTATIVES Mr. GARAMENDI. Mr. Speaker, I rise today landscapes—it also had an important influence in honor of Police Sergeant John M. Dugan, on American culture, recreation, and con- Thursday, December 8, 2011 who is retiring after nearly 30 years of law en- servation. forcement service to the City of Fairfield. As Ms. KAPTUR. Mr. Speaker, I rise today to his colleagues, friends and family gather to- Though the Hudson River School originated express my disappointment with the U.S. De- gether to celebrate the next chapter of his life, in upstate New York, painters soon began partment of Agriculture’s (USDA) Grain In- I ask all of my colleagues to join me in salut- traveling widely to study and capture new spection, Packers & Stockyards Administra- ing this outstanding public servant and de- scenes. These travels took the painters to Eu- tion’s (GIPSA) final rule that was supposed to fender of peace and safety. rope, the Middle East, North Africa, South protect our Nation’s farmers and ranchers John started his career of service as a Fire- America, and the American West. Bierstadt is from abusive practices in the livestock indus- fighter for the California Department of For- one of the most prominent artists of the West- try. estry and the City of Paradise. On March 19, ern United States, and has a strong connec- Simply put, the final rule is inadequate and 1982, he was hired as a Public Safety Officer tion to my district in Colorado. shows the power big corporate packers and with the Fairfield Police Department. As an of- processors have in this country. The final rule ficer, John worked in various capacities that In 1859, Bierstadt traveled to my home does not include about half of the protections included Patrol, Investigations, Special Oper- State of Colorado and to Wyoming, then terri- it did in a previous draft. ations, and Field Training. tories, with a government surveyor. The large- John was promoted to Police Sergeant on scale landscapes he painted from his notes Congress had to direct USDA in the 2008 July 22, 1994, and ultimately supervised a and sketches from this trip prompted the cre- farm bill to establish a set of comprehensive number of different units including Patrol, Traf- protection rules because the department was ation of many more paintings back in his stu- fic, Crime Suppression, and Youth Services. In so slow in responding to the changing market- dio. Bierstadt’s depiction of the craggy peaks 2000, he earned the California Highway Pa- place that has become so slanted toward cor- of the Rockies, the Sierra Nevada, and in Yo- trol’s 10851 Award for recovering 12 stolen porate packers and processors that we are vehicles in eight months; three of which were semite, among others, resulted in the chris- losing small farmers at a rapid pace. occupied vehicles. Sergeant Dugan was a tening of Mount Bierstadt in my district. The average American chicken grower strong, decisive, professional, and respected In the 1870s, Congress purchased several makes 34 cents per bird while the processing leader. As a result of these superb traits, he of Bierstadt’s works, including the two that corporation makes $3.23 per bird. With a profit received the Manager of the Year award in hang today in the CVC. These same paint- margin of 34 cents is it any wonder that we 1999 and 2006. ings, and other Western landscapes by Hud- have lost over 460,000 small-scale farms In 2007 and 2010, as the Police Department son River School painters, coupled with a since 1982. experienced changes in leadership and command staff, Sergeant Dugan stepped in and growing environmental conservation move- USDA claims it is committed to ensuring a assisted the City management in filling the ment, inspired Congress to protect this natural fair and transparent marketplace. How can we gaps. Over the last four years, he has as- beauty through the creation of Yellowstone have a fair and transparent marketplace when sumed the Police Lieutenant’s position twice and Yosemite National Parks. Later, these we allow corporations to force farmers to sign and managed Patrol Operations. Sergeant paintings were used again to prompt the for- production contracts where one farmer is paid Dugan has a can-do attitude and he consist- mation of the National Park Service. less than another despite producing the same ently provides quality service to the community This is just one example of the Hudson livestock because there is no way for farmers John has been a valued employee and his to determine fair product value since there is River School of Painters’ legacy. The School commitment to the community was evidenced no contract disclosure requirement. on a daily basis. He was a loyal representative emphasized realistic, highly detailed scenes of the law enforcement community and ad- that were very popular over the 19th century. In addition, how can USDA claim it supports a fair marketplace when it fails to clearly de- mired for his hard work, dedication, and posi- These works captured the beauty and variety tive work ethic. of the American landscape. fine conduct that is a violation of law? How are farmers supposed to know when they are Mr. Speaker, I am truly honored to pay trib- Painters from the Hudson River School also being taken advantage of when the govern- ute to this dedicated public servant. I ask all had a hand in the foundation of the Metropoli- mental agency tasked with protecting them of my colleagues to join with me in wishing tan Museum of Art in New York City. Inspired does not tell them what types of practices are John M. Dugan continued success and happiness in all of his future endeavors. by the artistic culture of the capitals of Europe, a violation of the law? f School painters joined other area business- This House has not helped our Nation’s pro- men and academics to form the Met in 1870. ducers either. We recently passed legislation IN RECOGNITION OF THE Bierstadt met with the President, and other that withholds funding from USDA to move for- HANDLEY HIGH SCHOOL STATE painters of the School served as trustees or ward with establishing more comprehensive FOOTBALL CHAMPIONSHIP as members of the executive committee. fairness rules. Ultimately, we set the USDA up Today, many of Bierstadt’s works hang in the to fail and farmers and ranchers will suffer be- HON. MIKE ROGERS Met alongside works by many other Hudson cause corporate special interests have a OF ALABAMA River School painters, as well as other institu- stronger lobby than America’s producers. IN THE HOUSE OF REPRESENTATIVES tions like the Smithsonian American Art Mu- While the final rule will prevent some of the Thursday, December 8, 2011 seum, and the Museum of Fine Arts in Boston. most abusive practices in the poultry industry, Mr. ROGERS of Alabama. Mr. Speaker, I Mr. Speaker, I encourage Americans of all it largely fails to protect farmers and ranchers would like to request the House’s attention specifically in the pork and beef industry. Nev- ages to take the time to view these paintings today to congratulate Handley High School of ertheless, I will continue to fight to protect our Roanoke, Alabama, on winning its first Ala- and consider the beauty and greatness of farmers and ranchers from further corporate bama Class 3A championship football title in these landscapes, both on canvas and in the abuses and urge the USDA to enforce existing 90 years. wilderness. laws designed to regulate corporate packers Rallying from a 14–7 deficit late in the fourth and processors. quarter, Handley came back to win the game

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 19299 20–14 in stirring fashion with a goal-line stand of Celebration of the founding of Citronelle, State of Alabama, Citronelle occupies a spe- in the final seconds. Led by their coach, Mike Alabama. cial place in our culture and in our hearts. Battles, this team showed the type of grit and Located in northwest Mobile County, Congratulations to the City of Citronelle on this determination that we should all try to emulate Citronelle may not be a household name na- special occasion and a very Happy 200th during these difficult times. tionwide, but over a hundred years ago the birthday! May there be many more good years Originally opened in 1848 as the Roanoke friendly and charming small town was a pop- ahead in the next chapter of your rich history. Academy, it was the first school in the city. ular stop for Northern vacationers. To the resi- f After various changes through the years, the dents of such bustling Midwestern cities as name of the school finally settled on Handley Cleveland and Chicago, the name Citronelle PERSONAL EXPLANATION High School in 1910 to honor the memory of conjured images of healing springs and bu- a Confederate soldier, Captain William Ander- colic Southern vistas. HON. BARBARA LEE son Handley. The late Captain had gifted the In the early 20th century, Citronelle was OF CALIFORNIA land which supports the campus today in ex- known as the ‘‘Land of Healing Waters,’’ IN THE HOUSE OF REPRESENTATIVES owing to its mineral springs which a 1903 pub- change for one dollar. Thursday, December 8, 2011 Known for its strong music, band and the- lication compared to the famous Poland atre department, Handley has always been Springs of Maine. Ms. LEE of California. Mr. Speaker, had I known to offer its students excellent opportuni- Located along the main line of the Mobile been able to vote, I would have voted ‘‘yes’’ ties to pursue artistic endeavors. Now it has a and Ohio Railway, for many years Citronelle on the Democratic Motion to Recommit H.R. football program it can brag about too. was celebrated not only for its prized thera- 10. Congratulations to Handley High School, peutic waters, but also for its ‘‘salubrious’’ air f Principal Gregory Foster, Superintendant which was reported to aid in the treatment of IN RECOGNITION OF JOHN KATZ Chuck Marcum and all their fans on their State respiratory disorders. Indeed, the small town Championship. Go Tigers! soon sported four very nice guest accom- f modations, including the Illinois Hotel, the HON. DON YOUNG Hygeia Hotel and the Hotel Citronelle. The OF ALASKA SUPPORT OF TIME WARNER Hygeia Hotel Cottage still stands today and is IN THE HOUSE OF REPRESENTATIVES CABLE a local tourist attraction. Thursday, December 8, 2011 It is not surprising that Citronelle would have HON. CAROLYN B. MALONEY gained a reputation as a haven for rest and Mr. YOUNG of Alaska. Mr, Speaker, I rise OF NEW YORK good health. In the late 1700’s, the area was today to honor one of Alaska’s most distinguished, faithful, and respected public serv- IN THE HOUSE OF REPRESENTATIVES already destined for fame because of its cura- tive properties. Native Americans in Southwest ants, John Katz. Thursday, December 8, 2011 Alabama told European settlers about a Fresh out of Berkley Law, he boldly moved Mrs. MALONEY. Mr. Speaker, I rise today unique plant thought to cure malaria. The mir- to Alaska and made a decision to embark to commend Time Warner Cable, which is acle plant—which was named ‘‘Citronella’’— upon a life of selfless public service to the headquartered in my district, for its investment was discovered growing in abundance along people of Alaska. Among his first few jobs in in local television news coverage, specifically the hills that would eventually be known as public service were being Alaska Commis- for opening a Washington, D.C., news bureau Citronelle. sioner of Natural Resources and special coun- that will cover stories and events here in Along Citronelle’s historic journey, the com- sel on land-use issues, before being appointed Washington that are important to the commu- munity also found improbable ways to add to the Governor’s man in Washington, D.C. in nities served by its 14 local news channels its remarkable resume. For example, we all 1983. throughout the country. learned in school that Gen. Robert E. Lee sur- His departure can only be described as an Mr. Speaker, Time Warner Cable is dedi- rendered to Gen. Ulysses S. Grant at Appo- enormous loss for our great state. For more cating significant resources to high quality mattox Court House, Virginia on April 8, 1865. than 40 years, and spanning eight governors, local news channels that provide critical local What some may not have been told in class he has served Alaska with unwavering com- news, weather, traffic and sports coverage in is that less than a month later, on May 4, Lt. mitment, integrity, and with the utmost level of the local communities that they serve. These Gen. Richard Taylor, son of President Zachary professionalism. Having worked with him for stations are good for the public, and for our Taylor, surrendered his Confederate forces almost 30 of those years, I have little doubt republic, at a time when many local television under the ‘‘Surrender Oak’’ in Citronelle, Ala- that his loyalty to and knowledge of Alaska is news budgets are being cut and local news- bama. Citronelle was, therefore, one of five second to none. papers are cutting back, too. Thus it is impor- Civil War surrender locations. The legendary Through thick and thin, his dedication to tant to note the rare times when we see new oak tree was sadly lost to a hurricane many Alaska was evident to everyone who worked investment in local news coverage. years ago, but the town’s contribution to with him. Over the years he has always put I applaud Time Warner Cable for recog- American history is undeniable. the needs of Alaska first, no more so than nizing the importance of local news, for invest- In addition to being a site of the official end when he delayed his retirement at the request ing in it, and creating jobs while providing this of the Civil War, Citronelle has also occupied of Governor Frank Murkowski. critical service to its customers—many of the spotlight as a potential rival to America’s His reputation of being calm and cool under whom are my constituents. With more local Western oil fields. In 1955, Citronelle was pressure is well known and his ability to work news coverage, it’s a certainty that we will dubbed the Oil Capital of Alabama and home well with Republicans and Democrats alike have a better informed citizenry, which can to the largest oil discovery east of the Mis- should be emulated by others here in Wash- only improve our nation. sissippi River at that time. ington. He once said his greatest disappoint- f Over the years, the sometimes sleepy town ment was being unable to open up ANWR and has capitalized on its quaint atmosphere, tout- I share that disappointment with him. CELEBRATING THE 200TH ANNI- ing its ‘‘delightful walks through the woods But despite ANWR, he was an integral part VERSARY OF THE FOUNDING OF (that) always charm the man or woman who of every positive development to happen to CITRONELLE, ALABAMA seeks rest and recreation away from the busy Alaska in the last three decades including city.’’ Today, Citronelle remains a beautiful Alaska Native rights, fisheries management, HON. JO BONNER place to live filled with hard-working, dedicated protecting Alaska’s sovereignty, and natural OF ALABAMA people who love their God, their country and resource development. After all the work IN THE HOUSE OF REPRESENTATIVES their families. I am proud to represent this we’ve done together, I will do my utmost to lovely city in Congress. continue this legacy for the good of Alaska. Thursday, December 8, 2011 On December 10, 2011, I will join Mayor Lo- He is exactly the kind of public servant who Mr. BONNER. Mr. Speaker, I rise to bring to retta Presnell, and other city officials, along gives public service a good name. My staff the attention of this House a very special his- with the people of Citronelle, in celebrating the and I will miss working with him, but I hope torical event in my home state, the 200th Year birthday of their historic city. Older than the that our paths will continue to cross.

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19300 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 December 8, 2011 Thank you for your service to Alaska, John, We offer special congratulations to John were designed to end the practice of racial and I wish you all the best in the future. Goldman, the Symphony’s President, whose profiling by federal law enforcement agencies, f generosity and family philanthropy have had a these measures do not reach the vast majority dramatic impact on the quality of life in the of racial profiling complaints arising from the THE CENTENNIAL SEASON OF THE San Francisco Bay Area. The Symphony is routine activities of state and local law en- SAN FRANCISCO SYMPHONY blessed with an active board of governors with forcement agencies. Further, the guidelines deep philanthropic and social ties to our City provide no enforcement mechanism or meth- HON. NANCY PELOSI as well as tremendous public support. Thank ods for identifying law enforcement agencies OF CALIFORNIA you to the Symphony’s brilliant musicians, not in compliance and, therefore, fail to re- IN THE HOUSE OF REPRESENTATIVES dedicated staff and volunteers. solve the racial profiling problem nationwide. Thursday, December 8, 2011 The first one hundred years of the San In this instance, there is no substitute for com- Ms. PELOSI. Mr. Speaker, it is with great Francisco Symphony have been distinguished prehensive federal anti-profiling legislation. pride and joy that I join my constituents in by outstanding concerts of the highest quality. The End Racial Profiling Act is designed to celebration of the centennial season of the Its second century is certain to be just as suc- eliminate racial, ethnic, religious, and national San Francisco Symphony. Its illustrious history cessful. origin profiling that is well documented. First, is marked by commitment to artistic excellence f the bill provides a prohibition on racial and innovation; its future is sustained by its INTRODUCTION OF END RACIAL profiling, enforceable by declaratory or injunc- large and loyal base of supporters. PROFILING ACT OF 2011 tive relief. Second, the bill mandates that train- One hundred years ago today, December 8, ing on racial profiling issues as part of Federal 1911, the Symphony gave its first perform- HON. JOHN CONYERS, JR. law enforcement training, the collection of data ance. In recognition of this historic occasion, on all routine or spontaneous investigatory ac- OF MICHIGAN on September 7, 2011 we began a year-long tivities that is to be submitted through a stand- IN THE HOUSE OF REPRESENTATIVES celebration with a free outdoor concert at the ardized form to the Department of Justice. Civic Center Plaza with Conductor Michael Thursday, December 8, 2011 Third, the Justice Department is authorized to Tilson Thomas, pianist Lang Lang and violinist Mr. CONYERS. Mr. Speaker, I am pleased provide grants for the development and imple- Itzhak Perlman. This concert demonstrated the to introduce the End Racial Profiling Act of mentation of best policing practices, such as San Francisco Symphony’s value of making 2010, along with additional cosponsors. This early warning systems, technology integration, music available to everyone. The founders be- legislation represents a comprehensive federal and other management protocols that discour- lieved music was a source of enrichment and commitment to healing the rift caused by racial age profiling. Finally, the Attorney General is pleasure intended for all and not the province profiling and restoring public confidence in the required to provide periodic reports to assess of the privileged few. Reaching broader audi- criminal justice system at-large. This legisla- the nature of any ongoing discriminatory ences has always been a priority, from record- tion is designed to enforce the constitutional profiling practices. ings and radio broadcasts in the 1920s to right to equal protection of the laws by elimi- Decades ago, with the passage of sweeping video and internet today. Today the San Fran- nating racial profiling through changing the civil rights legislation, this country made clear cisco Symphony has accomplished one of its policies and procedures underlying the prac- that race should not affect the treatment of in- early goals, to offer music to a city, to a Na- tice. dividual Americans under the law. However, tion and to the world. This legislation can be traced back to the recent events demonstrate that racial profiling To help commemorate the centennial over data collection efforts of the late 1990’s that remains a divisive issue that strikes at the the next year, San Franciscans will welcome were designed to determine whether racial very foundation of our democracy. When law- notable performers and six of our Nation’s profiling was a fact versus an urban legend. abiding citizens are treated differently by those greatest orchestras will visit San Francisco: Based upon the work around that legislation, who enforce the law simply because of their the Boston Symphony, the Chicago Sym- by September 11, 2001, there was significant race, ethnicity, religion, or national origin, they phony, the Cleveland Orchestra, the Los An- empirical evidence and wide agreement are denied the basic respect and equal treat- geles Philharmonic, New York Philharmonic among Americans, including President Bush ment that is the right of every American. With and the Philadelphia Orchestra. and Attorney General Ashcroft, that racial the cooperation of the Administration, we have The centennial presents a wonderful oppor- profiling was a tragic fact of life in the minority the opportunity to develop a comprehensive tunity to honor the Symphony’s robust musical community and that the Federal government approach to eliminating the practice of racial history, starting with the Barbary Coast. Over should take action to end the practice. More- profiling through this legislative effort. I hope the past century, the Orchestra has grown in over, many in the law enforcement community that we do not miss this historic opportunity to stature and acclaim under the leadership of have acknowledged that singling out people heal the rift caused by racial profiling and re- eminent music directors, including Pierre for heightened scrutiny based on their race, store much of the community’s confidence in Monteau, Seiji Ozawa, Herbert Blomstedt, and ethnicity, religion, or national origin had erod- law enforcement. since 1995 Michael Tilson Thomas. ed the trust in law enforcement necessary to f Michael Tilson Thomas has brought pride to appropriately serve and protect our commu- all San Franciscans. He has served as Music nities. SUPPORT OF KAISER PERMA- Director for 15 years, and this is his 25th sea- At a recent Judiciary Committee hearing on NENTE’S INITIATIVE TO PRO- son as Artistic Director of the New World Sym- the issue of racial profiling, we approached the MOTE BREASTFEEDING AND phony—an academy for training the next gen- issue from the perspective of ‘‘smart policing’’ PREVENT CHILDHOOD OBESITY eration of orchestral musicians. A recipient of and what makes sense in a time of austerity the 2010 National Medal of Arts, the highest in the face of the continuing need to protect HON. FORTNEY PETE STARK award given to artists by the President, and public safety. I believe that it became clear OF CALIFORNIA winner of seven Grammy Awards, Thomas during the hearing that enough agreement ex- IN THE HOUSE OF REPRESENTATIVES has been a remarkable mentor and supporter ists to allow us to re-open the bipartisan dia- Thursday, December 8, 2011 to many young artists, and he has educated logue on racial profiling commenced by Presi- millions about the joy of music. dent Bush and Attorney General Ashcroft. Mr. STARK. Mr. Speaker, I rise in support of The San Francisco Symphony provides the Despite the fact that the majority of law en- a new Kaiser Permanente initiative to encour- most extensive education and community pro- forcement officers perform their duties profes- age breastfeeding as an important component grams offered by any American orchestra. sionally and without bias—and we value their of preventing childhood obesity and promoting Concerts for children have been part of the service highly—the specter of racial profiling other health benefits. Kaiser is implementing a programming from the beginning and the has contaminated the relationship between the systemwide program to ensure mothers are groundbreaking Adventures in Music program, police and minority communities to such a de- provided ample breastfeeding education and now over 20 years old, provides music edu- gree that federal action is justified to begin ad- support. They will track their successes as a cation and free concerts to every first through dressing the issue. measure of hospital quality. fifth grader in San Francisco’s public While the Department of Justice promul- Research suggests breastfeeding has mul- schools—75,000 children each year. gated a series of guidelines in 2003 which tiple benefits for baby and mother alike.

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 19301 Breastfed babies have a lowered risk of child- CAMP ASHRAF IN IRAQ Mrs. Christopher is a leading national voice hood obesity as well as allergies, asthma, and on a wide range of health care issues. She sudden infant death syndrome. Nursing re- HON. DANIEL E. LUNGREN regularly interacts with decision makers on duces a mother’s risk of post-partum depres- OF CALIFORNIA Capitol Hill, and in Trenton to develop legisla- sion, Type 2 diabetes, ovarian and breast can- IN THE HOUSE OF REPRESENTATIVES tive and regulatory policies to enhance the cer. quality of health care for New Jersey citizens. Thursday, December 8, 2011 Family- and patient-centered prevention ini- Her public policy work has included advance- tiatives like this will play an enormous role in Mr. DANIEL E. LUNGREN of California. Mr. ment of public-private partnerships to address battling America’s toughest health care chal- Speaker, the clock is running down for the the growing nursing shortage, expansion of lenges. Kaiser’s new breastfeeding initiative is 3,400 residents of Camp Ashraf in Iraq. I telehealth services, ensuring adequate reim- an example of how a commitment to preven- share the concern of many of my constituents bursement for Medicare home-health care, tion can positively impact health outcomes. and others across our country and around the and improving Medicaid care programs world for the status of those living in Camp strengthening her state’s human services sys- Health care in America must shift from its Ashraf. It is my fear that if the Iraqi govern- tem for the most vulnerable. singular focus on treating disease to incor- ment follows through on their threat to shut Mr. Speaker, once again, please join me in porating a strong commitment to prevention. I down the camp that we could be facing a recognizing and thanking Mrs. Mary Ann encourage other major health care providers monumental human rights tragedy. I have Christopher for her 29 years of service to New to follow Kaiser’s example. joined many of my colleagues in calling for ac- Jersey and her dedication to providing cess to the camp by the United Nations High healthcare to those in need. f Commissioner for Refugees. It is indefensible f that UNHCR has not been given access to MOURNING THE LOSS OF MARTINA THE ATTAIN ACT DAVIS-CORREIA, SISTER OF those in Ashraf. This in itself seems to be a TROY ANTHONY DAVIS violation of international human rights law. It is imperative that the government of Iraq HON. LUCILLE ROYBAL-ALLARD revoke its year end deadline for the closure of OF CALIFORNIA HON. JOHN LEWIS Ashraf. UNHCR must be provided sufficient IN THE HOUSE OF REPRESENTATIVES time to process each and every one of these Thursday, December 8, 2011 OF GEORGIA individual cases. Regardless of the State De- IN THE HOUSE OF REPRESENTATIVES partment’s position concerning the legal status Ms. ROYBAL-ALLARD. Mr. Speaker, I rise of MEK, the department has both a moral and today to introduce the Achievement Through Thursday, December 8, 2011 legal responsibility to do everything in its Technology and Innovation Act of 2011 (AT- Mr. LEWIS of Georgia. Mr. Speaker, I come power to ensure that UNHCR is provided ac- TAIN). to the floor today with a heavy heart. Martina cess to the camp. Given the challenges facing job seekers in Davis-Correia, the older sister of executed It is my hope that when Prime Minister our current economy, technology skills are Georgia prisoner, Troy Anthony Davis, died Maliki visits with President Obama, that he will now more critical than ever. As a nation, we last week in Savannah. She was the most out- agree to remove the December 31 deadline need to prioritize technology literacy, and it spoken advocate of the ‘‘I Am Troy Davis’’ for the closure of Camp Ashraf. There is still should begin with our educational system. clemency campaign, which spread to countries time to avoid a catastrophe and the Secretary Whether students are preparing for college all around the world. Correia traveled far and of State should act with the assurance that de- or planning to go straight into the workforce, wide to any group that would give an ear in a cisive action will have the support of Members we must provide them with the high tech skills strenuous effort to save her brother’s life. De- of Congress on both sides of the aisle. employers and the economy demand. Obtain- ing these critical skills is of particular concern spite several commutations of his sentence, f Davis was killed by lethal injection in Georgia to low income and minority students who are IN RECOGNITION OF MARY ANN in September of this year. The Davis case has falling further behind their higher income peers CHRISTOPHER helped turn the tide of public opinion in the in terms of 21st century college and workplace struggle for repeal of the death penalty. skills. HON. FRANK PALLONE, JR. Not only has technology literacy become a I am deeply saddened to hear about the critical life skill, but studies show technology passing of Martina Davis-Correia. The agony OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES also has a tremendous impact on student of this death sentence and execution has learning. In this era of ever shrinking school killed not just one man, but has decimated an Thursday, December 8, 2011 budgets, overcrowded schools and over- entire nuclear family. After 22 years of strug- Mr. PALLONE. Mr. Speaker, I rise today to extended teachers, technology provides an gle, Davis’s mother died in the spring, her son recognize Mrs. Mary Ann Christopher, who, opportunity to improve academic outcomes for was killed by the state of Georgia in Sep- after 29 years of service, will depart her posi- our students. tember, and now her daughter has died. tion as President and Chief Executive Officer I had the opportunity to see this first hand Correia was a brave and courageous woman of the Visiting Nurse Association Health at the LA School for Global Studies in my dis- who was her brother’s most stalwart advocate Group, Inc. to assume the same position at trict. This school seamlessly integrates tech- for clemency. She was an angel of mercy who the Visiting Nurse Service of New York. Her nology in the classroom and I was amazed to sacrificed her health to win her brother’s life. dedication to the well-being of New Jerseyans see students that were previously low per- For a state which could have used its power in need deserves this body’s recognition. formers academically and at risk of dropping to do what is right, the outcome is tragic. But During her decade long-tenure as CEO, out of school, engaged and eager to learn. My for the Davis family, if it had to be this way, Mrs. Christopher spearheaded a geographic visit underscored the promise that initiatives it is an elegant ending. God has finally accom- expansion which transformed the agency from like the ATTAIN Act hold for closing the stu- plished what the state of Georgia could not. In a two-county provider to a statewide organiza- dent achievement gap. his mercy he granted their prayers to be all to- tion. Mrs. Christopher led the development of The ATTAIN Act amends the current ‘‘En- gether again—happy, healed and whole. They a continuum of services, including home- hancing Education Through Technology’’ pro- leave us the lessons of their lives and a leg- health care, hospice care, community-based gram in the Elementary and Secondary Edu- acy of struggle that strengthened a movement prevention and outreach initiatives, clinics for cation Act to better target federal education for repeal of the death penalty in this country. the poor and school-based health care. In re- technology resources to raise student achieve- I send my deepest condolences to the Davis cent years, she skillfully steered the organiza- ment, ensure high quality teaching and im- family and to Martina Correia’s son, who tion through a myriad of federal and state pol- prove our education system while ensuring our needs our support in this time. May God richly icy changes, directed a second capital cam- students are college and career ready and bless you for the sacrifice you as a family paign that resulted in the agency’s new, mod- prepared to compete in the digital economy. have made in the long, hard struggle for jus- ern headquarters, and launched a name The bill authorizes up to $1 billion in annual tice in America. change and comprehensive branding initiative. funding to train teachers, purchase education

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD 19302 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 December 8, 2011 technology hardware and software, and to Commendation in 2003 for his contribution On December 10, the West Side Fire De- support student technological literacy. and dedication to the City of Fairfield Driver’s partment will once again honor Bob with a Under the bill’s provisions, if Congress ap- Training Program. On January 5, 2007 Mi- banquet on his behalf I invite my colleagues to propriates more than $300 million annually for chael was promoted to Police Sergeant and join me in praising Bob Nickelsen for 60 re- ATTAIN, 60% would be used to purchase new supervised teams on Patrol and then the Traf- markable years of dedicated public service, technology and train teachers on how to effec- fic Unit beginning in 2008. As the Police De- his numerous contributions to his community, tively use these new tools. partment experienced changes in leadership and for his outstanding character as a citizen The remaining 40 percent of ATTAIN funds and command staff, he stepped in and as- of Hood River. would be distributed through competitive sisted city management by filling the gaps and Theodore Roosevelt once said that ‘‘the first grants that encourage schools to undertake acting as a Police Lieutenant and managing requisite for a good citizen is that he should comprehensive, technology based reform ini- Patrol Operations when needed. In 2009, he be willing and able to pull his own weight.’’ tiatives that have been proven to increase stu- earned the California Office of Traffic Safety’s Bob continues to far surpass this noble stand- dent achievement. Award of Excellence for his outstanding moti- ard. However, should Congress appropriate vational and leadership skills. His guidance f $300 million or less for this program annually, and efforts dramatically increased the suc- the Secretary of Education would allocate the cessful implementation and completion of traf- IN RECOGNITION OF THE 50TH AN- entirety of the funding to conduct a competi- fic safety activities in the City of Fairfield. NIVERSARY OF THE ETHEL tion and award grants to those states with the Michael has been a valued employee and MACLEOD HART SENIOR CENTER most promising initiatives to improve K–12 his commitment to the community was evi- education through the use of technology. This denced on a daily basis. He was a loyal rep- HON. DORIS O. MATSUI provision is intended to ensure that there is resentative of the law enforcement community OF CALIFORNIA adequate funding to impact student outcomes and admired for his hard work, dedication, and IN THE HOUSE OF REPRESENTATIVES positive work ethic. during lean fiscal years. Thursday, December 8, 2011 It is my hope that through this competition Mr. Speaker, I am truly honored to pay trib- states and districts across the country will be ute to this dedicated public servant. I ask all Ms. MATSUI. Mr. Speaker, I rise today in compelled to evaluate their technology use of my colleagues to join with me in wishing Mi- recognition of the Ethel MacLeod Hart Senior and work to integrate it effectively throughout chael B. Mitchell continued success and hap- Center, a popular gathering location for Sac- all classrooms, and especially those that are piness in all of his future endeavors. ramento’s seniors. It is a great pleasure to currently underserved by education tech- f recognize the center’s 50th Anniversary, as it has provided a positive environment that en- nology. TRIBUTE TO MR. BOB NICKELSEN Mr. Speaker, we know that when teachers hances and affirms older adults’ dignity and are properly trained and schools are properly promotes their independence. As the Hart equipped with technology, students are en- HON. GREG WALDEN Center’s supporters and patrons gather to cel- OF OREGON gaged, eager to learn, and ultimately better ebrate this milestone, I ask all of my col- IN THE HOUSE OF REPRESENTATIVES prepared to meet the challenges of the 21st leagues to join me in honoring the center’s century. I believe that the ATTAIN Act is inte- Thursday, December 8, 2011 leadership and service to the Sacramento gral to our continued efforts to deliver all stu- Mr. WALDEN. Mr. Speaker, I rise today to community. dents the world class education they expect, recognize the 60 years of outstanding public The Sacramento Senior Center was formed need and deserve. I urge my colleagues to co- and volunteer service of my fellow Oregonian in 1961, and was later renamed the Ethel sponsor this important bill. and friend, Mr. Bob Nickelsen. I would like to MacLeod Hart Senior Center in honor of Hart’s f celebrate and pay tribute to Bob’s loyal serv- generous legacy to the city’s senior commu- ice to my hometown of Hood River, Oregon nity. From its earliest beginnings, the center IN RECOGNITION OF MICHAEL B. and to pay tribute to a man who embodies the has helped to foster a welcoming environment MITCHELL selfless spirit of service to others. that supports older citizens’ interests and In 1951, Bob first joined the West Side Fire needs, a place in which senior citizens feel a HON. JOHN GARAMENDI Department as a volunteer firefighter. In 1961, connection to each other and receive valida- OF CALIFORNIA Bob was appointed fire chief of the depart- tion from the wider community. IN THE HOUSE OF REPRESENTATIVES ment, a position that he held until 1980. Dur- Over the last fifty years, the Hart Center has ing his tenure as fire chief, the West Side Fire provided a wide variety of recreational and Thursday, December 8, 2011 Department expanded its services by erecting health services. The center’s programs include Mr. GARAMENDI. Mr. Speaker, I rise today a second firehouse, which now bears his flu clinics, legal workshops, the Friendship in honor of Police Sergeant Michael B. Mitch- name. Under Bob’s guidance, the fire depart- Cafe´, computer classes, and a hearing im- ell, who is retiring after nearly 30 years of law ment also began dispatching first responder paired club. In addition, the Center’s staff pub- enforcement service, with 23 years of that personnel to aid emergency medical calls with lish a monthly newsletter called the Hart Cor- service to the City of Fairfield. As his col- the Hood River Ambulance Service. nerstone that announces community events, leagues, friends and family gather together to For the past 30 years, he has also served and provide fitness classes that promote phys- celebrate the next chapter of his life, I ask all as an elected member of the West Side Fire ical exercise and encourage healthy aging. of my colleagues to join me in saluting this District Board of Directors. To this day, Bob The Hart Center has also partnered with a outstanding public servant and defender of continues to put himself in harm’s way as a number of organizations to meet the needs of peace and safety. volunteer fire fighter. His leadership allowed local seniors, including the Gray Panthers, Michael started his law enforcement career this small rural volunteer fire district to stay in Older Women’s League, Sacramento Senior as a Police Officer with the City of South San step with current developments in the fire Legal Hotline, California Health Advocates, Francisco for six years. On September 5, sciences and provide the professional level of Social Security, the Franchise Tax Board, and 1988, he was hired as a Police Officer with support that the community so richly deserves. many others. the Fairfield Police Department. As an officer, Mr. Speaker, Bob Nickelsen’s civic respon- As a member of Congress, I have had the Michael worked in various capacities that in- sibilities do not end at the firehouse doors. He privilege of visiting the Hart Senior Center on cluded Patrol, Traffic, and Investigations. In was a commissioner for the Port of Hood numerous occasions. Earlier this year I had 1998, he completed the distinctive Peace Offi- River for over 15 years and has served on nu- the opportunity to speak at an Older Women’s cer Standards and Training (POST)—Robert merous local agricultural boards and commit- League monthly meeting at the Center, and Presly’s Institute of Criminal Investigation (ICI) tees. He was previously recognized as the talk about legislative proposals that affect Sac- certification course with a specialty in homi- Hood River Valley’s ‘‘Orchardist of the Year.’’ ramento’s senior community. Additionally, last cide investigation. As a leader within the local farming commu- summer the Hart Senior Center hosted a So- Michael was promoted to Police Corporal on nity, Bob has contributed much of his time and cial Security 75th anniversary party where we September 8, 2000, and served in Patrol, effort to the economic development of Hood celebrated the program and reflected on its Youth Services, and earned a City Manager’s River and the Columbia Gorge. importance.

VerDate Sep 11 2014 11:29 Dec 28, 2015 Jkt 099102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR11\E08DE1.000 E08DE1 Lhorne on DSK5TPTVN1PROD with BOUND RECORD December 8, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 14 19303 Mr. Speaker, I am honored to pay tribute to 1954 to 1956. He is a member of the New He graduated from the University of Cali- the Ethel MacLeod Hart Senior Center on its Jersey Bar and served as senior partner of his fornia at Santa Cruz in 2002 with a degree in 50th anniversary. I ask my colleagues to join own law firm, located in West Long Branch, sociology and then went on to graduate from me in honoring the Hart Center’s role of pro- New Jersey until 1989. Mr. Gagliano was Arizona State University in 2006 with a Mas- viding the community with much needed serv- elected to the Oceanport Council in 1967. He ters in social work. Gabriel continued his pas- ices. also served as Monmouth County Surrogate sion for civic service as a social worker assist- f from 1971 through 1976. Mr. Gagliano was ing troubled youth prior to joining Congress- first elected to the New Jersey Senate in 1977 woman GIFFORDS’ staff. OUR UNCONSCIONABLE NATIONAL and was re-elected three times, serving as Mi- None of us in this body will forget Gabriel DEBT nority Leader and Ranking Member of the and all those who were brutally and sense- Transportation and Communications Com- lessly murdered that day. HON. MIKE COFFMAN mittee. Governor Tom Kean appointed him Ex- The naming of a room in the Capitol Visitor OF COLORADO ecutive Director of New Jersey’s NJTRANSIT Center will forever memorialize this young IN THE HOUSE OF REPRESENTATIVES Agency. In 1990, Mr. Gagliano was appointed man whose commitment to public service and Thursday, December 8, 2011 by President George H.W. Bush to serve as idealism we should all hope to emulate each commuter rail representative to the Commis- and every day. We must continue to fulfill our Mr. COFFMAN of Colorado. Mr. Speaker, sion on Railroad Retirement Reform, which he promise of improving and supporting our com- on January 26, 1995, when the last attempt at humbly accepted. In 2001, Mr. Gagliano ac- munities and our country, as Gabriel so hon- a balanced budget amendment passed the cepted a position as Senior Vice President of estly believed we, the Congress, should. House by a bipartisan vote of 300–132 the na- Corporate Affairs at EPS corporate head- tional debt was $4,801,405,175,294.28. quarters, the position he currently holds to this f Today, it is $15,046,397,725,405.16. We’ve day. added $10,244,992,550,110.88 dollars to our Mr. Speaker, once again, please join me in IN RECOGNITION OF U.S. MARSHAL debt in 16 years. This is $10 trillion in debt our congratulating Mr. Thomas Gagliano as mem- PETER J. ELLIOTT ON THE OC- nation, our economy, and our children could bers of the Jersey Shore Partnership gather to CASION OF RECEIVING THE 2011 have avoided with a balanced budget amend- celebrate his 80th birthday. His outstanding OHIO STATE BAR FOUNDATION’S ment. service as an elected official and founder of OUTSTANDING PROGRAM AWARD f the organization exemplifies his whole-hearted dedication and commitment to serving the IN RECOGNITION OF MR. S. residents of the Jersey Shore and New Jer- HON. MARCIA L. FUDGE THOMAS GAGLIANO sey. OF OHIO HON. FRANK PALLONE, JR. f IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY H. RES. 364, NAMING HVC–215 THE Thursday, December 8, 2011 GABRIEL ZIMMERMAN ROOM IN THE HOUSE OF REPRESENTATIVES Ms. FUDGE. Mr. Speaker, on behalf of the Thursday, December 8, 2011 citizens of the Eleventh Congressional District HON. JARED POLIS of Ohio, I rise today to recognize U.S. Marshal Mr. PALLONE. Mr. Speaker, I rise today to OF COLORADO Peter J. Elliott of the Northern District of Ohio, congratulate Mr. Thomas Gagliano, founder of IN THE HOUSE OF REPRESENTATIVES on receiving the Ohio State Bar Foundation’s the Jersey Shore Partnership. On December Outstanding Program Award on behalf of the 14, 2011, members of this organization will Thursday, December 8, 2011 Fugitive Safe Surrender Program. The Award gather to celebrate Mr. Gagliano’s 80th birth- Mr. POLIS. Mr. Speaker, I rise today in is given annually to an organization and its day. Throughout his professional career, Tom strong support of H. Res. 364, a bill desig- leadership for programs that promote access Gagliano has demonstrated outstanding dedi- nating room HVC–215 of the Capitol Visitor to, and generate improvements in, the Ohio cation to his community and trade. His serv- Center as the ‘‘Gabriel Zimmerman Room.’’ criminal justice system. ices are truly worthy of this body’s recognition. Almost one year ago, a gunman ruthlessly Tom Gagliano is founder and former Presi- opened fire on a crowd attending one of Con- I am pleased to recognize Marshal Elliott’s dent of the Jersey Shore Partnership, Inc., a gresswoman GABRIELLE GIFFORDS’ ‘‘Congress- tireless efforts and commend him on the suc- nonprofit coastal advocacy organization, active woman on the Corner’’ events at a local su- cess of the Fugitive Safe Surrender Program, in Monmouth, Ocean, Atlantic and Cape May permarket. That day is one of this body’s which he created after Cleveland police officer Counties. Jersey Shore Partnership has been greatest tragedies, and we will forever remem- Wayne Leon, a family friend, was killed by an instrumental on a national, state and local ber the 13 wounded, including Congress- individual being served an arrest warrant. level for funding beach replenishment projects woman GIFFORDS and the 6 individuals that Since 2005, Fugitive Safe Surrender has along the 127 miles of the New Jersey coast- lost their lives. brought thousands of fugitives in over 25 cities line. Mr. Gagliano’s leadership has remained a Today, we have the opportunity to remem- across the nation to surrender. The idea of catalyst in the organization’s ability to maintain ber one of those individuals who was taken having fugitives surrender in a safe haven, an active role in initiatives unique and impor- from us, Gabriel Zimmerman, the Director of such as a church, has been one key to the tant to the Jersey Shore community. Mr. Community Outreach for Congresswoman GIF- program’s success. Gagliano is also the Chairman of the Jersey FORDS. Gabriel’s position was to enable the In 2010, between September 22nd and Shore Partnership Foundation and remains a Congresswoman to interact closely with con- 25th, Fugitive Safe Surrender brought in a na- key figure in the organization’s success. The stituents, organizations and citizens through- tional record of 7,431 fugitives at Mount Zion Foundation was instrumental in creating the out southern Arizona. Indeed, he had devoted Church in Oakwood Village, Ohio. The Fugi- $25 million per year ‘‘Shore Protection Fund’’, his life to public service. tive Safe Surrender program was authorized allowing the federal government to proceed By dedicating HVC–215 as the ‘‘Gabriel by Congress in July 2006 and signed into law with multiple beach replenishment projects Zimmerman Room,’’ we are not only com- in 2007, after being introduced by the late throughout the state. Mr. Gagliano and the memorating the first congressional staffer in Congresswoman Stephanie Tubbs-Jones and Jersey Shore Partnership remain an integral history to be killed in the performance of his former Senator Mike DeWine. It is believed to part to maintaining the health and beauty of official duties, but we also are memorializing be the first program of its kind in the nation. New Jersey’s shore region. the value of civic participation which Gabriel I am very proud that this program was created Mr. Gagliano is a lifelong resident of Jersey Zimmerman exemplified in his life. in the Northern District of Ohio by my friend, Shore, currently residing in Red Bank, New Gabriel, at the age of thirty was engaged to U.S. Marshal Peter Elliott, and congratulate Jersey. He is a proud alumni of Brown Univer- be married. He was known to be a kind, hard- him on receiving the well-deserved Ohio State sity and earned his law degree from George- working person respected throughout Con- Bar Foundation’s Outstanding Program Award town University. Mr. Gagliano has also admi- gresswoman GIFFORDS’ Eighth Congressional in recognition of the Fugitive Safe Surrender rably served in the United States Navy from District. Program.

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