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

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

Vol. 157 WASHINGTON, TUESDAY, SEPTEMBER 20, 2011 No. 140 House of Representatives The House met at noon and was camp in Colorado. Tragically, his children and relatives and friends of called to order by the Speaker pro tem- daughter Valerie had been murdered. Senator Charles Percy that he lived an pore (Mr. HARRIS). And, of course, her twin is Sharon amazing life. It was one that was an in- f Percy Rockefeller, who serves with spiration to me, and I will greatly miss great distinction as the head of the him. DESIGNATION OF SPEAKER PRO WETA board and who has many other TEMPORE civic duties here in Washington, DC. f The SPEAKER pro tempore laid be- I met Senator Percy when we were at MOURNING THE LOSS OF IMOGENE fore the House the following commu- Valerie Lodge, which was named for his JOHNSON nication from the Speaker: daughter, the camp in California; and WASHINGTON, DC, at that moment, Mr. Speaker, I saw The SPEAKER pro tempore. The September 20, 2011. someone who was clearly very dedi- Chair recognizes the gentleman from I hereby appoint the Honorable ANDY HAR- cated and extraordinarily principled. Oklahoma (Mr. BOREN) for 5 minutes. RIS to act as Speaker pro tempore on this His entire life was dedicated to public Mr. BOREN. Mr. Speaker, I rise day. service and to doing everything he pos- today to mourn the loss of Imogene JOHN A. BOEHNER, Johnson of Okemah, Oklahoma, who Speaker of the House of Representatives. sibly could to ensure that life was better for all around him. passed away on September 14, 2011, at f I came to Congress a little more than the age of 90. MORNING-HOUR DEBATE a decade after I’d met him when I was Imi, as we all knew her, was a very The SPEAKER pro tempore. Pursu- at summer camp. He immediately took close friend of the Boren family, and I ant to the order of the House of Janu- me under his wing, and he made the can remember seeing her face at some ary 5, 2011, the Chair will now recog- pilgrimage from the Senate here to the of my earliest campaign events. She nize Members from lists submitted by House of Representatives, and visited was always there. the majority and minority leaders for me in my office several times. I took She was the wife of Oklahoma Fourth morning-hour debate. my first trip with him to Mexico, and District Congressman Glen D. Johnson, The Chair will alternate recognition it was the U.S.-Mexico Interparliamen- Sr., and the mother to Glen D. John- between the parties, with each party tary Conference. I remember very viv- son, Jr., the former speaker of the limited to 1 hour and each Member idly nearly three decades ago—well, ac- Oklahoma House of Representatives other than the majority and minority tually, three decades ago—what it is and now our current Chancellor for leaders and the minority whip limited that he said, Mr. Speaker. Higher Education. She supported both to 5 minutes each, but in no event shall He talked about the challenge and her husband and her son faithfully, and debate continue beyond 1:50 p.m. the relationship between the United I know her son especially will miss her. Imi was a civic leader and a dedi- f States and Mexico, and he characterized his remarks as it related to his cated public servant. She was a mem- HONORING THE LIFE OF FORMER twin daughters, Sharon and Valerie. In ber of the Okemah Chamber of Com- SENATOR CHARLES H. PERCY that speech, he said, So many people merce, an active member and past The SPEAKER pro tempore. The talk about twins and the similarities. president of the American Legion Aux- Chair recognizes the gentleman from He said, For me, the greatness is to iliary, and a member of the PEO. In California (Mr. DREIER) for 5 minutes. look at the differences between the 1999, the city of Okemah honored her Mr. DREIER. Mr. Speaker, it was two. by inducting her into the Okemah Hall with great sadness that we received the He carried that personal message as of Fame for her dedication to her news this past weekend of the passing he referred to the challenging relation- hometown. of one of my long-time family friends ship between the United States of Again, Imi was truly an inspiration and one of the most dedicated public America and Mexico, and I was struck to her beloved Oklahoma, and I am servants I’ve ever had the privilege of by that. He was chairman of the Senate honored to have called her a friend. I knowing or serving with. I’m referring, Foreign Relations Committee, and I know she has her son and other family of course, to Senator Charles Percy, was privileged to serve two terms here scattered across the State of Okla- who passed away on Saturday morning in the House while he served in the homa, particularly in Okemah. She has at the age of 91. Senate. touched them and many, many other Senator Percy was someone whom I So I want to say to his wonderful Oklahomans. Again, we will greatly first met when I was a kid at summer wife, Loraine, and to all of the other miss her.

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

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VerDate Mar 15 2010 00:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.000 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6240 CONGRESSIONAL RECORD — HOUSE September 20, 2011 THE DEATH OF U.S. SENATOR made their success his success. Unlike HONORING CASSANDRA LLOYD CHARLES H. PERCY others in politics today, his generosity WARD The SPEAKER pro tempore. The to others was boundless and without The SPEAKER pro tempore. The Chair recognizes the gentlewoman from the slightest hint of envy or competi- Chair recognizes the gentleman from Illinois (Mrs. BIGGERT) for 5 minutes. tiveness. With Chuck Percy, there was North Carolina (Mr. BUTTERFIELD) for 5 Mrs. BIGGERT. Mr. Speaker, I rise no zero sum; there were only pluses for minutes. today to pay tribute to a man who everyone. Mr. BUTTERFIELD. Mr. Speaker, I served Illinois, our country, and people They also are the other leaders out- rise this morning to pay tribute to from other nations around the world side of Illinois, like the former HUD some great Americans. I want to join for decades before his death this week- Secretary and USTR, Ambassador my colleague from Illinois (Mrs. end at age 91. That man is Senator Carla Hills, who first headed Percy’s BIGGERT) in recognizing the extraor- Charles H. Percy of Illinois. Alliance to Save Energy in the 1970s dinary life and work of Senator Charles Already, his life, legend, and list of when it became clear to Percy that our Percy. He will certainly be missed. accomplishments as a Senator, a reliance on foreign oil was Also, I want to extend condolences to statesman, and a larger-than-life polit- unsustainable. the Mondale and Kennedy families, ical figure are well documented. Others b 1210 who also lost a daughter this weekend have articulated these things far better at the young age of 51. than I could today, and I am confident They are former Senator Fred But, Mr. Speaker, I have come to the that history will record them well. Thompson, in whom Percy saw a bril- well today to pay tribute to another But, Mr. Speaker, what I wish to con- liant prosecutor and future star of the great American, to a friend in North vey today are the warm and wonderful Senate. They are those who went on to Carolina who has lost a long but coura- stories and the testimonies about become leaders in their own countries, geous battle to breast cancer at the age Chuck Percy that have only come to like the late Prime Minister of India, of 51. Mrs. Cassandra Lloyd Ward was me from those who knew him and loved Rajiv Gandhi and President of Lebanon the daughter of Johnnie and Mary him and from those whose views and Rafic Hariri, both of whom strove for Lloyd of Williamston, North Carolina. sentiments I hold in the highest re- peace and tragically were cut down by She was also the wife of Mr. Everett B. gard. Their stories are not always well assassination. Ward. For 29 long years, they were suited for publication or for statements They are Federal district and appel- married. Everett is a well-respected on the House or Senate floor; but they late judges and a Supreme Court Jus- public servant in North Carolina with are funny, warm, endearing, and gen- tice, whose service to our country our State Department of Transpor- uine. They reflect the incredible love of might never have been possible were it tation. life, humanity, and humor that made not for the fact that Chuck Percy be- Cassandra was a career educator in working for or with Senator Percy so lieved in them and believed that the Wake County, North Carolina. Many of incomparable. These volunteers, cronyism and corruption in judicial se- you will recognize that as our capital former Members, and political leaders lection must end. He saw in them a city of Raleigh. She worked for many cannot address the House about him commitment to the law, the Constitu- years in the Wake County Public today; but I can, and it is my honor to tion, and justice, and with them helped Schools. The epitome of educational do so. to transform the Illinois bar from one excellence, Cassandra touched the lives They are some of the finest leaders of of the most corrupt in the country to of countless individuals who have now Illinois today, like State Comptroller one of the most respected. become productive citizens in our com- Judy Baar Topinka, who launched her Last but not least, there are thou- munities across America. first campaign for office years ago sands of staff members and volunteers Cassandra was employed by the Wake after serving as a Percy campaign coor- whose lives were forever changed and County Public School System begin- dinator. They are State Treasurer Dan guided by this dear man whom they re- ning with Youngsville Elementary, Rutherford and U.S. Senator MARK ferred to simply as ‘‘CHP’’ or ‘‘The Henry Adams Elementary, Dillard KIRK, who served on the Youth for Senator.’’ They are a formidable net- Drive Elementary, and, finally, Forest Percy brigade. They are former Con- work of outstanding individuals who Pines Elementary School. She was a gresswoman and U.S. Labor Secretary are as devoted to him as they are to lifelong member of the North Carolina Lynn Martin, whose very first cam- each other and to public service. Each Association of Educators. paign as a volunteer was to help elect of them has gone on to do good things Cassandra Ward, Mr. Speaker, was a Chuck Percy. Then you’ve just heard because of the confidence that he in- graduate of Williamston High School from Representative DAVE DREIER on spired in them and his belief that ev- in Martin County, North Carolina, also his reflections of his being with Chuck erything is possible if only you want to a graduate of historic St. Augustine’s Percy. work hard enough for it. College in our capital city of Raleigh, If you talk to them, they will say They are my constituents and volun- which is an HBCU, a historically black that his enthusiasm and commitment teers. They are my chief of staff, Kathy college there in the Raleigh commu- to making a better State, country, and Lydon, and chief of volunteers, Carolyn nity. world are what motivated them to an- Stillman, and many others and all the As a member of Davie Street Pres- swer the call and launch their own po- outstanding people that I have met byterian Church in Raleigh, Cassandra litical careers. His energy and enthu- through their fellowship. They are hun- was a church leader, not only a mem- siasm, his openness to differing views, dreds of Illinois and Washington busi- ber of the Presbyterian Church, but she and his passion for improvement were nessmen, lawyers, teachers, home- was also a deacon in the church. She infectious. They will tell you of a dark makers, and, yes, even reporters whose advocated that the church serve the moment of loss or sadness or dis- lives were forever changed by this very least of these in our society. She was a appointment in their lives when he was special man. member of a great sorority, the Alpha there for them with a loving phone call To a one, they will say, ‘‘There is no Kappa Alpha Sorority, Incorporated. In or note. He was, in a word, an inspira- one, no one quite like Chuck Percy.’’ that capacity, as a member of the tion to all of them. So today, Mr. Speaker, I want to say Alpha Theta Omega Chapter, she They are former Illinois Governors to them and to the Percy family, Lo- served and chaired many committees, Jim Thompson and Jim Edgar, whose raine, Sharon, and Senator JAY ROCKE- particularly the Black Family/Black natural talents thrived under Chuck FELLER, Roger and Penny, Gail and Heritage; Health, Social and Sisterly Percy’s guidance and inspiration. He Wade, Mark and Leslee, and all of their Relations; Salvation Army; and Christ- saw in them the makings of out- wonderful children, grandchildren, and mas Stocking Stuffing committees. standing leaders, and they succeeded in families, our thoughts and prayers are Those were a lot of committees. their own rights. He never looked over with you. We thank you for sharing And, Mr. Speaker, she was a very ac- his shoulder, worrying about those who this wonderful man with us, with the tive individual. She also found time to might challenge his own leadership. He people of Illinois, America, and the be associated with the Gamma Sigma embraced them, encouraged them, and world. Boule of Sigma Pi Phi Fraternity. She

VerDate Mar 15 2010 00:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.003 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6241 was what was referred to as an duty, respect, selfless service, honor, ism, and of respect for our constitu- archousa. It took me a while, Mr. integrity, and personal courage are not tional principles. I welcome this state- Speaker, to figure out how to pro- mere words to us—they are the very ment, and I believe it is going to be nounce that word, but she was an principles by which we live, train, and proven to be a harbinger of a situation archousa of Gamma Sigma Boule of fight. in which the full integration of gay and Sigma Pi Phi Fraternity. ‘‘Accordingly, we expect all per- lesbian and bisexual and transgender Mr. Speaker, Cassandra Ward leaves sonnel to follow our values by imple- members of the military goes forward a very, very loving family. In addition menting the repeal fully, fairly, and in with no negative consequences, with to her parents and her husband, she accordance with policy guidance. It is all of the positive consequences that leaves three siblings, Johnnie Lloyd, the duty of all personnel to treat each come from respecting people and abol- Jr., Jarvis Lloyd, and one loving sister other with dignity and respect, while ishing prejudice. that she was extremely close to, Crys- maintaining good order and discipline tal Lloyd Williams, and her sister-in- throughout our ranks. Doing so will f law, Felecia Hardy, and her husband, help the U.S. Army remain the Dr. James Hardy. strength of the Nation.’’ REMEMBERING SENATOR CHARLES She is also survived by other rel- It is signed by Raymond F. Chandler, PERCY atives and friends, and especially her III, the Sergeant Major of the Army; very special nieces and nephews: Raymond T. Odierno, General, United The SPEAKER pro tempore. The Johnnie Lloyd, III; Alecia Hardy, Jar- States Army Chief of Staff; and John Chair recognizes the gentleman from vis Lloyd and Eboni, Jamie Hardy, M. McHugh, Secretary of the Army Illinois (Mr. DAVIS) for 5 minutes. Jamecia Hardy, Mary Noel Williams, and, parenthetically, our former col- Mr. DAVIS of Illinois. Mr. Speaker, I and Gabrielle Williams. They all com- league on the Republican side. rise this morning to pay tribute to a prise the wonderful family of Cas- b 1220 great American who lived in the State sandra Lloyd Ward. of Illinois, who represented it and the I ask my colleagues today to join Mr. Speaker, we have a history in country well, Senator Charles Percy. with me in honoring the life and work this country of prejudice being enacted; and through the efforts of many I recall that when Senator Percy was of this great American, Cassandra elected, I was a young schoolteacher, Lloyd Ward. people, the policy embodying that prejudice can be overcome. And as we de- community activist. I also was an indi- f bate any single effort to overcome prej- vidual who interacted with lots of peo- DON’T ASK DON’T TELL REPEAL udice, we are told that the effect of di- ple who were very cynical about government, politics, whether or not there The SPEAKER pro tempore. The minishing that prejudice, the effect of was any potential for change. So we Chair recognizes the gentleman from repealing that rule will be chaos, will had an opportunity to see in action one Massachusetts (Mr. FRANK) for 5 min- be disorder, will be social unrest; and it of the most forceful individuals in pub- utes. is never true. lic life, one that you didn’t describe Mr. FRANK of Massachusetts. Mr. Seven years ago, the State I am priv- necessarily as a Democrat or a Repub- Speaker, today is a very important day ileged to represent in this House estab- lican. You didn’t characterize him as a in our fight to achieve full equality for lished same-sex marriage; and there conservative or a liberal. You really all Americans in the face of prejudices were predictions of doom, predictions thought of Senator Percy as simply a of various sorts. To commemorate, I that this would be a terribly upsetting good, solid United States Senator who want to read a very extraordinary doc- factor. None of those predictions have represented well not only his constitu- ument. It is headlined, ‘‘Don’t Ask come true. Not a one. As we debated ents, but who provided leadership for Don’t Tell Repeal.’’ It’s an official last year the repeal of the unfortunate the Nation and for the country. communication. statute which said that brave and pa- ‘‘Today marks the end of ’Don’t Ask triotic gay and lesbian and bisexual I think I learned at that time the Don’t Tell.’ The law is repealed. From and transgender members of the armed meaning of town hall meetings because this day forward, gay and lesbian sol- services would have to lie about who Senator Percy would hold those; and diers may serve in our Army with the they were, would have to hide who they although he was a Republican by polit- dignity and respect they deserve. Our were or else lose the right to serve ical stripe—and many of the people rules, regulations, and policies reflect their country, a right which some where I lived and interacted with were the repeal guidance issued by the De- evade but for which they were prepared Democrats in terms of political partment of Defense and will apply uni- to fight, we once again heard pre- stripe—we just would turn out at Sen- formly without regard to sexual ori- dictions that this would be disruptive, ator Percy’s town halls to know what entation, which is a personal and pri- that it would cause diminution of the was taking place, what was going on, vate matter. ability of our brave men and women to what was happening. I personally owe a ‘‘For over 236 years, the U.S. Army serve their purposes. tremendous debt of gratitude to him has been an extraordinary force for Let me predict today, Mr. Speaker, for helping to shape my own political good in the world. Our soldiers are the that every one of those prejudices 3 and philosophy, some of my political ide- most agile, adaptable, and capable war- 4 years from now will be proven as ology, some of the things that I dream riors in history—and we are ready for wrong as the predictions that same-sex about and hope for and work towards. this change. marriage would be disorganizing. We And so I extend condolences to his ‘‘Over the last several months, our will now see gay men and lesbians serv- family, wish them well, and know that leaders, soldiers and Department of the ing this country openly and proudly as America is a better place because Army civilians have discussed, trained, they have been serving this country Chuck Percy served in the United and prepared for this day. The Presi- proudly, but unfortunately not openly, States Senate and served all of Amer- dent, the Secretary of Defense, and the for some time. I hope people are mak- ica. Chairman of the Joint Chiefs have cer- ing note of the predictions that were tified that repeal is consistent with made on the floor of this House, in the f military readiness, effectiveness, unit Senate, and in the country about the cohesion, and recruiting and retention. negative consequences of ‘‘don’t ask RECESS Your professionalism, leadership, and don’t tell,’’ because they will soon be respect for your fellow soldiers will en- shown to have been wholly false. The SPEAKER pro tempore. Pursu- sure that this effort is successful. Finally, I want to commend Sergeant ant to clause 12(a) of rule I, the Chair ‘‘At the heart of our success is adher- Major Chandler, General Odierno, and declares the House in recess until 2 ence to the Army values. These stand- Secretary McHugh. This is a very pro- p.m. today. ards not only infuse every facet of our found and important document. They Accordingly (at 12 o’clock and 25 culture and operations, but also guide are acting in the highest traditions of minutes p.m.), the House stood in re- us as we adapt to change. Loyalty, their constitutional duty, of patriot- cess until 2 p.m.

VerDate Mar 15 2010 00:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.004 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6242 CONGRESSIONAL RECORD — HOUSE September 20, 2011 b 1400 hardworking American families better ers. He said the drug cartels are a fear- than the people who have earned it. some enemy. ‘‘They intimidate land- AFTER RECESS Tax increases destroy jobs. You can- holders and instill terror in them— The recess having expired, the House not create jobs by increasing taxes. then fear follows.’’ was called to order by the Speaker pro The merit of an economic policy can be The landholders are fearful to report tempore (Mr. HARRIS) at 2 p.m. tested by the amount of jobs it creates. cross-border activity because of the si- f So far, this President’s policy has lent threat of reprisal and retaliation. failed. Zero new jobs were created in The landholders feel that the govern- PRAYER August. ment cannot protect them, their land, The Chaplain, the Reverend Patrick By passing numerous bills that focus or their cattle. Texas ranchers fear J. Conroy, offered the following prayer: on getting Americans back to work, that they may be targets of Dear Lord, we give You thanks for House Republicans have focused on job kidnappings for ransom. They have re- giving us another day. creation since January. It’s time for ceived death threats if they report ille- It is the beginning of a new work- this administration to change from gal activity to law enforcement. week, and facing these decisive times failed policies. Ranger Garcia is concerned that we use this moment to be assured of In conclusion, God bless our troops, landholders will start self-policing, in Your presence and to tap the resources and we will never forget September the other words, organize and deal with the needed by the Members of this people’s 11th in the global war on terrorism. cartel intruders themselves—old west House to do their work as well as it can Our prayers are with Aiken and Barn- style. This testimony is yet more be done. well, Assistant Solicitor Steve Kodman alarming evidence that the invasion of May they be led by Your spirit in the and Jennifer, and their sons, Patrick, our borders by the cartels is a real na- decisions they make. May they possess Thomas, and Drew. tional security threat to the people Your power as they steady themselves f who live near our border. And that’s just the way it is. amid the pressures of persistent prob- PRESIDENT OBAMA HAS DEFINED lems. May their faith in You deliver THE UNCERTAINTY THAT’S f them from tensions that tear the HURTING OUR ECONOMY House apart and from worries that MEDIA BIAS CHANGES ELECTION might wear them out. (Mr. HULTGREN asked and was RESULTS given permission to address the House All this day and through the week, (Mr. SMITH of Texas asked and was may they do their best to find solu- for 1 minute.) Mr. HULTGREN. Mr. Speaker, re- given permission to address the House tions to pressing issues facing our Na- for 1 minute and to revise and extend tion. Please hasten the day when jus- cently I had the opportunity to meet with a constituent of mine who also his remarks.) tice and love shall dwell in the hearts Mr. SMITH of Texas. Mr. Speaker, of all peoples and rule the affairs of the happens to be a minor celebrity. Rock Katschnig is the farmer who had the liberal media bias gives Democratic nations of Earth. candidates an extra 8 to 10 percentage May all that is done this day be for chance to ask President Obama last month about regulation and red tape points in a typical election, according Your greater honor and glory. to a study by UCLA political science Amen. coming from unelected and unaccount- able bureaucracies, such as the EPA. professor Tim Groseclose. For example, f The President’s not-so-reassuring re- Professor Groseclose found that if media bias didn’t exist, JOHN MCCAIN THE JOURNAL sponse: ‘‘If you hear something’s happening but hasn’t yet, don’t always as- would have defeated Barack Obama The SPEAKER pro tempore. The sume it’s true.’’ What President Obama with 56 percent of the vote. Chair has examined the Journal of the said defines the uncertainty that has In his new book, ‘‘Left Turn: How last day’s proceedings and announces crippled our small businesses, entre- Liberal Media Bias Distorts the Amer- to the House his approval thereof. preneurs, and job creators and ham- ican Mind,’’ Professor Groseclose Pursuant to clause 1, rule I, the Jour- strung our economic recovery. writes, ‘‘While the job of a journalist is nal stands approved. Businesses don’t plan just for tomor- to shine light on facts, they use a f row; they plan for next week, next prism, bending the light and causing it month, and next year. All red tape, to make a left turn. The end result is PLEDGE OF ALLEGIANCE even if it hasn’t happened yet, affects a that we, the readers and viewers of the The SPEAKER pro tempore. Will the business’s decisions about hiring, ex- news, are more likely to see facts from gentleman from South Carolina (Mr. pansion, and investment. That’s why the left side of the spectrum.’’ WILSON) come forward and lead the businesses are desperate for regulatory As we approach another important House in the Pledge of Allegiance. certainty, a message I heard not only election year, the national media Mr. WILSON of South Carolina led from Rock, the farmer, but from count- should give Americans the facts, not the Pledge of Allegiance as follows: less other small business owners across tell them what to think. I pledge allegiance to the Flag of the my district. They want to grow, but f United States of America, and to the Repub- they won’t if they don’t know what lic for which it stands, one nation under God, Washington will do to them. And that’s b 1410 indivisible, with liberty and justice for all. why we are advancing our fall agenda f to deliver that regulatory certainty so RESIGNATION AS MEMBER OF that small business owners and enter- COMMITTEE ON THE JUDICIARY RAISING TAXES DESTROYS JOBS prises can invest, grow, create jobs, The SPEAKER pro tempore laid be- (Mr. WILSON of South Carolina and get our economy moving again. fore the House the following resigna- asked and was given permission to ad- f tion as a member of the Committee on dress the House for 1 minute and to re- the Judiciary: OLD WEST STYLE vise and extend his remarks.) HOUSE OF REPRESENTATIVES, Mr. WILSON of South Carolina. Mr. (Mr. POE of Texas asked and was Washington, DC, September 15, 2011. Speaker, in August 2009, the President given permission to address the House Hon. JOHN BOEHNER, stated, ‘‘You do not raise taxes in a re- for 1 minute.) Speaker of the House, The Capitol, Washington, cession.’’ This week, the same Presi- Mr. POE of Texas. Mr. Speaker, at a DC. dent proposed $1.5 trillion in higher border forum in Brownsville, Texas, DEAR SPEAKER BOEHNER: I am writing to taxes as more than 14 million Ameri- yesterday, Special Ranger Roland Gar- inform you of my resignation, effective immediately, from the House Judiciary Com- cans are without jobs. cia for the Texas and Southwestern mittee. It is my intention that this is a leave The President’s tax increase proposal Cattle Raisers Association testified of absence with retention of my seniority is based on the false belief that Big about the results of the porous and un- and I fully intend to serve on this Committee Government can spend the money of secure border and how it affects ranch- again in the next Congress. If you have any

VerDate Mar 15 2010 00:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.007 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6243 questions, please feel free to contact me di- role Commission shall report to the Commit- The SPEAKER pro tempore. Pursu- rectly, or your staff can contact my Legisla- tees on the Judiciary of the Senate and ant to the rule, the gentleman from tive Director, Coby Dolan. House of Representatives the following: Texas (Mr. SMITH) and the gentleman Sincerely, (1) The number of offenders in each type of from Virginia (Mr. SCOTT) each will DEBBIE WASSERMAN SCHULTZ, case over which the Commission has juris- Member of Congress. control 20 minutes. diction, including the number of Sexual or The Chair recognizes the gentleman The SPEAKER pro tempore. Without Violent Offender Registry offenders and Tier from Texas. objection, the resignation is accepted. Levels offenders, for fiscal years 2006 through There was no objection. 2011. GENERAL LEAVE (2) The number of hearings, record reviews Mr. SMITH of Texas. Mr. Speaker, I f and National Appeals Board considerations ask unanimous consent that all Mem- COMMUNICATION FROM THE conducted by the Commission in each type of bers may have 5 legislative days within CLERK OF THE HOUSE case over which the Commission has jurisdic- which to revise and extend their re- tion for fiscal years 2006 through 2011. marks and include extraneous mate- The SPEAKER pro tempore laid be- (3) The number of hearings conducted by fore the House the following commu- the Commission by type of hearing in each rials on H.R. 2944 currently under con- nication from the Clerk of the House of type of case over which the Commission has sideration. Representatives: jurisdiction for fiscal years 2006 through 2011. The SPEAKER pro tempore. Is there OFFICE OF THE CLERK, (4) The number of record reviews conducted objection to the request of the gen- HOUSE OF REPRESENTATIVES, by the Commission by type of consideration tleman from Texas? Washington, DC, September 20, 2011. in each type of case over which the Commis- There was no objection. Hon. JOHN A. BOEHNER, sion has jurisdiction for fiscal years 2006 Mr. SMITH of Texas. I yield myself The Speaker, U.S. Capitol, House of Representa- through 2011. such time as I may consume. tives, Washington, DC. (5) The number of warrants issued and exe- Mr. Speaker, on October 31, the au- DEAR MR. SPEAKER: Pursuant to the per- cuted compared to the number requested in thorization for the United States Pa- mission granted in Clause 2(h) of Rule II of each type of case over which the Commission has jurisdiction for fiscal years 2006 through role Commission will expire. H.R. 2944, the Rules of the U.S. House of Representa- the United States Parole Commission tives, the Clerk received the following mes- 2011. sage from the Secretary of the Senate on (6) The number of revocation determina- Extension Act of 2011, extends the September 20, 2011 at 11:18 a.m.: tions by the Commission in each type of case Commission’s authorization for an ad- That the Senate agreed to S. Res. 271. over which the Commission has jurisdiction ditional 3 years. Appointments: for fiscal years 2006 through 2011. I thank Judiciary Committee Rank- Library of Congress Trust Fund Board. (7) The distribution of initial offenses, in- ing Member JOHN CONYERS, Crime Sub- With best wishes, I am, cluding violent offenses, for offenders in each committee Chairman JIM SENSEN- Sincerely, type of case over which the Commission has BRENNER, and Ranking Member BOBBY KAREN L. HAAS. jurisdiction for fiscal years 2006 through 2011. SCOTT, who is here on the floor today, f (8) The distribution of subsequent offenses, including violent offenses, for offenders in for joining me in sponsoring this legis- ANNOUNCEMENT BY THE SPEAKER each type of case over which the Commission lation. PRO TEMPORE has jurisdiction for fiscal years 2006 through The Parole Commission is an inde- The SPEAKER pro tempore. Pursu- 2011. pendent agency within the Department ant to clause 8 of rule XX, the Chair (9) The percentage of offenders paroled or of Justice that supervises Federal of- will postpone further proceedings re-paroled compared with the percentage of fenders who are eligible for parole. offenders continued to expiration of sentence today on motions to suspend the rules In 1984, Congress abolished Federal (less any good time) in each type of case over parole and replaced it with a deter- on which a recorded vote or the yeas which the Commission has jurisdiction for and nays are ordered, or on which the fiscal years 2006 through 2011. minate sentencing system. Federal of- vote incurs objection under clause 6 of (10) The percentage of cases (except prob- fenders who were sentenced prior to rule XX. able cause hearings and hearings in which a November 1, 1987, were grandfathered Record votes on postponed questions continuance was ordered) in which the pri- under the parole system. The Parole will be taken after 6:30 p.m. today. mary and secondary examiner disagreed on Commission has been kept in place the appropriate disposition of the case (the f since then on a temporary basis to con- amount of time to be served before release), tinue supervision of these Federal of- UNITED STATES PAROLE COMMIS- the release conditions to be imposed, or the fenders. SION EXTENSION ACT OF 2011 reasons for the decision in each type of case over which the Commission has jurisdiction In an effort to lower local crime Mr. SMITH of Texas. Mr. Speaker, I for fiscal years 2006 through 2011. rates, the District of Columbia fol- move to suspend the rules and pass the (11) The percentage of decisions within, lowed the Federal example and also bill (H.R. 2944) to provide for the con- above, or below the Commission’s decision abolished parole. Under the new D.C. tinued performance of the functions of guidelines for Federal initial hearings (28 system, the D.C. Superior Court im- the United States Parole Commission, C.F.R. 2.20) and Federal and D.C. Code rev- poses a term of incarceration and su- and for other purposes. ocation hearings (28 C.F.R. 2.21). pervised release. The Clerk read the title of the bill. (12) The percentage of revocation and non- Congress subsequently expanded the The text of the bill is as follows: revocation hearings in which the offender is accompanied by a representative in each jurisdiction of the Parole Commission H.R. 2944 type of case over which the Commission has to include both parole and supervised Be it enacted by the Senate and House of Rep- jurisdiction for fiscal years 2006 through 2011. release offenders from the District of resentatives of the United States of America in (13) The number of administrative appeals Columbia. The group of offenders the Congress assembled, and the action of the National Appeals Board Parole Commission was originally in- SECTION 1. SHORT TITLE. in relation to those appeals in each type of tended to supervise, Federal offenders This Act may be cited as the ‘‘United case over which the Commission has jurisdic- who are eligible for parole, is a finite States Parole Commission Extension Act of tion for fiscal years 2006 through 2011. number of offenders that is growing 2011’’. (14) The projected number of Federal of- smaller every year. SEC. 2. AMENDMENT OF SENTENCING REFORM fenders that will be under the Commission’s ACT OF 1984. jurisdiction as of October 31, 2014. Today, however, the majority of the For purposes of section 235(b) of the Sen- (15) An estimate of the date on which no Commission’s workload concerns the tencing Reform Act of 1984 (18 U.S.C. 3551 Federal offenders will remain under the District of Columbia offenders. Like note; Public Law 98–473; 98 Stat. 2032), as Commission’s jurisdiction. the population of Federal offenders eli- such section relates to chapter 311 of title 18, (16) The Commission’s annual expenditures gible for parole, the parole-eligible D.C. United States Code, and the United States for offenders in each type of case over which offender population is also declining Parole Commission, each reference in such the Commission has jurisdiction for fiscal over time, although at a slower rate section to ‘‘24 years’’ or ‘‘24-year period’’ years 2006 through 2011. than Federal offenders. However, be- shall be deemed a reference to ‘‘27 years’’ or (17) The annual expenditures of the Com- ‘‘27-year period’’, respectively. mission, including travel expenses and the cause all incoming offenders are now SEC. 3. PAROLE COMMISSION REPORT. annual salaries of the members and staff of sentenced under the new law, the D.C. Not later than 180 days after the date of the Commission, for fiscal years 2006 through supervised release offender population enactment of this Act, the United States Pa- 2011. is increasing.

VerDate Mar 15 2010 03:46 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.006 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6244 CONGRESSIONAL RECORD — HOUSE September 20, 2011 At some point in the future, no Fed- For this reason, it is important that (c) COMPLIANCE AND INELIGIBILITY.— eral offenders will remain under the we extend the U.S. Parole Commis- (1) COMPLIANCE DATE.—Each State shall Commission’s jurisdiction. At that sion’s authority as soon as possible. I have not more than 120 days from the date of time, Congress should assess the need enactment of this Act to comply with sub- urge my colleagues to support this bill section (a), except that— to continue a Federal Parole Commis- and thank the chairman of the com- (A) the Attorney General may grant an ad- sion within the Justice Department. mittee, the gentleman from Texas, for ditional 120 days to a State that is making In addition to extending the Commis- his leadership. good faith efforts to comply with such sub- sion authorization for 3 years, H.R. 2944 I yield back the balance of my time. section; and requires the Commission to submit a Mr. SMITH of Texas. Mr. Speaker, I (B) the Attorney General shall waive the report to the House and Senate Judici- yield back the balance of my time. requirements of subsection (a) if compliance ary Committee within 180 days of en- The SPEAKER pro tempore. The with such subsection by a State would be un- actment. The commission last provided constitutional under the constitution of such question is on the motion offered by State. such a report in 2006. the gentleman from Texas (Mr. SMITH) (2) INELIGIBILITY FOR FUNDS.—For any fis- H.R. 2944 requests the Commission to that the House suspend the rules and cal year after the expiration of the period provide a variety of information relat- pass the bill, H.R. 2944. specified in paragraph (1), a State that fails ing to each category of offenders under The question was taken. to comply with subsection (a), shall, at the the Commission’s jurisdiction for fiscal The SPEAKER pro tempore. In the discretion of the Attorney General, be sub- years 2006 through 2011. The report opinion of the Chair, two-thirds being ject to not more than a 10 percent reduction asks the Commission to provide the of the funds that would otherwise be allo- in the affirmative, the ayes have it. cated for that fiscal year to the State under projected number of Federal offenders Mr. SMITH of Texas. Mr. Speaker, I who will be under the Commission’s ju- subpart 1 of part E of title I of the Omnibus object to the vote on the ground that a Crime Control and Safe Streets Act of 1968 risdiction as of October 31, 2014, the quorum is not present and make the (42 U.S.C. 3750 et seq.), whether characterized date this authorization is set to expire. point of order that a quorum is not as the Edward Byrne Memorial State and The report also requests an estimate of present. Local Law Enforcement Assistance Pro- the date on which no Federal offenders The SPEAKER pro tempore. Pursu- grams, the Local Government Law Enforce- ment Block Grants Program, the Edward will remain under the Commission’s ju- ant to clause 8 of rule XX, further pro- risdiction. Byrne Memorial Justice Assistance Grant ceedings on this question will be post- This report will inform Congress Program, or otherwise. poned. EALLOCATION about where the Commission’s re- (d) R .—Amounts not allocated under a program referred to in subsection sources are being directed, and enable The point of no quorum is considered withdrawn. (c)(2) to a State for failure to fully comply us to decide whether any changes to with subsection (a) shall be reallocated the Commission are necessary to re- f under that program to States that have not flect its decreasing Federal parole re- DEATH IN CUSTODY REPORTING failed to comply with such subsection. (e) DEFINITIONS.—In this section the terms sponsibilities. ACT OF 2011 Mr. Speaker, I urge my colleagues to ‘‘boot camp prison’’ and ‘‘State’’ have the support this bill, and I reserve the bal- Mr. SMITH of Texas. Mr. Speaker, I meaning given those terms, respectively, in move to suspend the rules and pass the section 901(a) of the Omnibus Crime Control ance of my time. and Safe Streets Act of 1968 (42 U.S.C. Mr. SCOTT of Virginia. I rise in sup- bill (H.R. 2189) to encourage States to 3791(a)). port of H.R. 2944, and I yield myself report to the Attorney General certain (f) STUDY AND REPORT OF INFORMATION RE- such time as I may consume. information regarding the deaths of in- LATING TO DEATHS IN CUSTODY.— Mr. Speaker, I rise in support of H.R. dividuals in the custody of law enforce- (1) STUDY REQUIRED.—The Attorney Gen- 2944, which will extend the United ment agencies, and for other purposes. eral shall carry out a study of the informa- States Parole Commission’s authority The Clerk read the title of the bill. tion reported under subsection (b) and sec- for an additional 3 years. The current The text of the bill is as follows: tion 3(a) to— (A) determine means by which such infor- authority is set to expire October 31, H.R. 2189 mation can be used to reduce the number of 2011. Be it enacted by the Senate and House of Rep- such deaths; and Although Federal parole was abol- resentatives of the United States of America in (B) examine the relationship, if any, be- ished with the passage of the Sen- Congress assembled, tween the number of such deaths and the ac- tencing Reform Act effective November SECTION 1. SHORT TITLE. tions of management of such jails, prisons, 1, 1987, those sentenced for an offense This Act may be cited as the ‘‘Death in and other specified facilities relating to such committed prior to the effect of the Custody Reporting Act of 2011’’. deaths. date of the abolition, and those sen- (2) REPORT.—Not later than 2 years after SEC. 2. STATE INFORMATION REGARDING INDI- the date of the enactment of this Act, the tences that have not yet been com- VIDUALS WHO DIE IN THE CUSTODY OF LAW ENFORCEMENT. Attorney General shall prepare and submit pleted, remain eligible for parole. to Congress a report that contains the find- (a) IN GENERAL.—For each fiscal year after Moreover, the Parole Commission ings of the study required by paragraph (1). has jurisdiction over other offenders, the expiration of the period specified in subsection (c)(1) in which a State receives funds SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN including the Uniform Code of Military CUSTODY REPORTING REQUIRE- for a program referred to in subsection (c)(2), Justice offenders and those under MENT. the State shall report to the Attorney Gen- (a) IN GENERAL.—For each fiscal year (be- transfer treaties between the United eral, on a quarterly basis and pursuant to States and other countries. Currently ginning after the date that is 120 days after guidelines established by the Attorney Gen- the date of the enactment of this Act), the there are over 1,000 parole-eligible pris- eral, information regarding the death of any head of each Federal law enforcement agen- oners under the Commission authority. person who is detained, under arrest, or is in cy shall submit to the Attorney General a The Sentencing Reform Act requires the process of being arrested, is en route to report (in such form and manner specified by that release dates be set for all remain- be incarcerated, or is incarcerated at a mu- the Attorney General) that contains infor- ing offenders eligible for parole prior to nicipal or county jail, State prison, State- mation regarding the death of any person the expiration of the Parole Commis- run boot camp prison, boot camp prison that who is— sion. The Department of Justice is con- is contracted out by the State, any State or (1) detained, under arrest, or is in the proc- local contract facility, or other local or cerned that if the Commission’s cur- ess of being arrested by any officer of such State correctional facility (including any ju- Federal law enforcement agency (or by any rent authority is allowed to expire, venile facility). State or local law enforcement officer while Federal offenders who were sentenced (b) INFORMATION REQUIRED.—The report re- participating in and for purposes of a Federal for offenses committed prior to Novem- quired by this section shall contain informa- law enforcement operation, task force, or ber 1, 1987, will begin to file motions tion that, at a minimum, includes— any other Federal law enforcement capacity for release under the Sentencing Re- (1) the name, gender, race, ethnicity, and carried out by such Federal law enforcement form Act, since the act requires such age of the deceased; agency); or offenders to be given release dates 3 to (2) the date, time, and location of death; (2) en route to be incarcerated or detained, (3) the law enforcement agency that de- or is incarcerated or detained at— 6 months prior to the expiration of the tained, arrested, or was in the process of ar- (A) any facility (including any immigra- commission. We are now beyond that resting the deceased; and tion or juvenile facility) pursuant to a con- period at this point and no release (4) a brief description of the circumstances tract with such Federal law enforcement dates have been set. surrounding the death. agency;

VerDate Mar 15 2010 00:39 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.013 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6245 (B) any State or local government facility deaths in custody and the proper man- that States submit this information used by such Federal law enforcement agen- agement of jail and prison facilities. It and expands this commitment to Fed- cy; or will also provide important informa- eral law enforcement agencies as well. (C) any Federal correctional facility or tion to Congress on any need to im- Federal pre-trial detention facility located This initiative has a history of within the United States. prove Federal custody procedures. strong bipartisan support; and I thank (b) INFORMATION REQUIRED.—Each report Because the Bureau of Justice Statis- my colleagues from the other side of required by this section shall include, at a tics has continued to collect the infor- the aisle, particularly the gentleman minimum, the information required by sec- mation even though the prior law has from Texas, the chair of the Judiciary tion 2(b). expired, this bill will not impose any Committee, Mr. SMITH, for bringing the (c) STUDY AND REPORT.—Information renew costs on the agency. bill to the floor today. ported under subsection (a) shall be analyzed The House passed similar legislation I urge my colleagues to support the and included in the study and report rein the 110th and the 111th Congresses quired by section 2(f). bill, Mr. Speaker, and I yield back the with overwhelming bipartisan support. balance of my time. The SPEAKER pro tempore. Pursu- I want to thank the gentleman from ant to the rule, the gentleman from Mr. SMITH of Texas. I yield back the Virginia (Mr. SCOTT) for introducing balance of my time. Texas (Mr. SMITH) and the gentleman this bill and for his interest and knowl- Ms. JACKSON LEE of Texas. Mr. Speaker, from Virginia (Mr. SCOTT) each will edge of the subject. I urge my col- I rise today in support of H.R. 2189, ‘‘the control 20 minutes. leagues to support this legislation, and Death in Custody Reporting Act of 2011,’’ The Chair recognizes the gentleman I reserve the balance of my time. from Texas. Mr. SCOTT of Virginia. I yield myself would require Federal law enforcement agencies and States that receive certain Federal GENERAL LEAVE such time as I may consume. Mr. SMITH of Texas. Mr. Speaker, I Mr. Speaker, I’m pleased to support funds to report to the Department of Justice ask unanimous consent that all Mem- H.R. 2189, the Death in Custody Report- (DOJ) any deaths of persons arrested or de- bers may have 5 legislative days within ing Act of 2011. tained by law enforcement personnel under which to revise and extend their re- The bill would require local, State, their jurisdiction. H.R. 2189 directs DOJ to marks and include extraneous mate- and Federal law enforcement agencies prepare a report, within two years of enact- rials on H.R. 2189 currently under con- to report to the Department of Justice ment, on the information provided by Federal sideration. information about deaths of individ- agencies and States and on ways to reduce The SPEAKER pro tempore. Is there uals which occur while in their cus- the number of such deaths. objection to the request of the gen- tody. We’ve learned from history about As a Senior Member on the Judiciary Com- tleman from Texas? how useful this information can be. mittee, I am always concerned about the care There was no objection. In the 1980s, there was an increased of all persons detained by Federal, State, and Mr. SMITH of Texas. Mr. Speaker, I focus on conditions in State and local local authorities. Whenever a death occurs in yield myself such time as I may con- jails and prisons and the problem of local jails, State prisons, or during the process sume. prisoners dying in custody. The inter- of arrests by local and State law enforcement, The Death in Custody Reporting Act est in oversight of this issue was gen- we must ensure that there are systems in of 2000 directed the Justice Depart- erated primarily because of the rising place which can identify the reasons behind ment’s Bureau of Justice Statistics to tide of expensive wrongful death cases each death—in the hope that when possible collect data on deaths that occur at brought in relation to these deaths. we can prevent these deaths. The collection of two stages of the criminal justice sys- Press reports in the 1990s concerning this type of information is a vital first step in tem: deaths that occur in the process prison abuses and deaths of those in- this process. The Bureau of Justice Statistics of arrest and deaths that occur in jails carcerated being attributed to suicide (BJS) collects and disseminates this type of and prisons. The provisions of that Act led Congress to develop legislation in data. Originally the program was initiated by expired in 2006. response to this problem. The Death in Custody Reporting Act of 2000, H.R. 2189 reauthorizes this data col- The Death in Custody Reporting Act upon the expiration of the Act; the BJS contin- lection program. It further directs the of 2000 was enacted to require States to ued to collect this information. The BJS needs Attorney General not only to collect report quarterly to the Attorney Gen- our support as they represent a unique na- the data, but also to study the data to eral brief information regarding the tional resource for understanding mortality in determine how to reduce deaths in cus- death of any person in the process of the criminal justice system. tody in the future. arrest or who is otherwise in custody, We all know the important role that law en- The bill also extends the reporting including jails, prisons, and juvenile fa- forcement officers play in protecting our requirements to deaths that occur in cilities. streets and our neighborhoods. This data re- Federal custody. And it ensures that That law expired in 2006, which led to flects the challenges that they must face in the those States that make a good faith ef- the effort to reauthorize substantially line of duty and how to best address those fort to report this data to the Attorney the same requirements on States and challenges. According to the Bureau of Justice General will not lose 10 percent of their to extend them to Federal agencies as Statistics, forty-seven States and the District of Federal justice assistance funds if their well, which is what H.R. 2189 would do. Columbia reported 2,002 arrest-related deaths data submissions are untimely. This extension, as the gentleman during the three years from 2003 through The Bureau of Justice Statistics re- from Texas has mentioned, modifies 2005. Homicides by State and local law en- ports that between 2001 and 2006 there the sanctions applied for those who do forcement officers were the leading cause of were over 18,000 state prisoner deaths. not comply with providing the infor- such deaths at 55 percent of deaths, followed There were an additional 7,000 local mation. It is expected that the infor- by alcohol and drug intoxication incidents, prisoner deaths between 2000 and 2006. mation will be given and negotiations, which accounted for 13 percent of deaths, and rather than mandatory sanctions, suicides that represented 12 percent of b 1420 should result in the information being deaths. In 80 percent of homicides by law en- More than nine out of every 10 State available. forcement officers, the person being arrested prisoner deaths were the result of ill- With detailed statistical data, policy- reportedly used a weapon to threaten or as- ness or suicide, and eight out of 10 makers at the local, State, and Federal sault the arresting officer. Virtually all homi- deaths at the local jail level were from levels can make informed judgments cides by officers which accounts for 96 per- those same causes. Although illness-re- about the appropriate treatment of cent of deaths were caused by firearm use. lated deaths have increased slightly in prisoners and develop ways to lower According to the FBI during the same period recent years, the homicide and suicide the prisoner death rate. In fact, since 380 law enforcement officers were killed in the rates in the State prisons have dra- the focus on deaths in custody emerged line of duty of which 159 were homicides. matically decreased over the last 25 in the 1980s and the enactment of the Having these facts readily available will allow years. law in 2000, there have been significant authorities to find ways to address the issues The collection of this data will help declines in deaths of those in custody. faced by those being detained, in detention, Federal, State, and local governments This bill is an important reaffirma- and those responsible for safeguarding our examine the relationship between tion of the importance of requiring neighborhoods and upholding our laws.

VerDate Mar 15 2010 03:46 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\A20SE7.004 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6246 CONGRESSIONAL RECORD — HOUSE September 20, 2011 H.R. 2189 requires States to report to the VETERANS HEALTH CARE FACILI- ington, in an amount not to exceed Attorney General on quarterly basis informa- TIES CAPITAL IMPROVEMENT $51,800,000. tion regarding the death of any person who is ACT OF 2011 (2) Construction of seismic corrections and renovation of various buildings to include detained, arrested, en route to incarceration, Mr. JOHNSON of Ohio. Mr. Speaker, Building 209 for housing facilities for home- or incarcerated in state or local facilities or a I move to suspend the rules and pass less veterans at the Department of Veterans boot camp prison. To encourage compliance the bill (H.R. 2646) to authorize certain Affairs Medical Center in West Los Angeles, with this requirement States that fail to comply Department of Veterans Affairs major California, in an amount not to exceed must pay a penalty. H.R. 2189 also requires medical facility projects and leases, to $35,500,000. the head of each Federal law enforcement extend certain expiring provisions of SEC. 3. MODIFICATION OF AUTHORIZATION FOR agency to provide a report directly to the Attor- CERTAIN MAJOR MEDICAL FACILITY law, and to modify certain authorities CONSTRUCTION PROJECTS PRE- ney General. The Attorney General will then of the Secretary of Veterans Affairs, VIOUSLY AUTHORIZED. study the information and report on means by and for other purposes, as amended. (a) MODIFICATION OF AUTHORIZATION OF FIS- which it can be used to reduce the number of The Clerk read the title of the bill. CAL YEAR 2007 MAJOR MEDICAL FACILITY such deaths. The text of the bill is as follows: PROJECT AT DEPARTMENT OF VETERANS AF- FAIRS MEDICAL CENTER IN FAYETTEVILLE, AR- Summarily H.R. 2189 reauthorizes the H.R. 2646 Death in Custody Reporting Act. This legisla- KANSAS.—Section 803(3) of the Veterans Ben- Be it enacted by the Senate and House of Rep- efits, Health Care, and Information Tech- tion requires the submission of death statistics resentatives of the United States of America in nology Act of 2006 (Public Law 109–461) is at the Federal, State and local levels. The leg- Congress assembled, amended— islation also provides for reductions of up to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) by inserting ‘‘and a parking garage’’ ten percent of Federal Byrne JAG grant funds (a) SHORT TITLE.—This Act may be cited as after ‘‘clinical addition’’; and at the discretion of the Attorney General, in the ‘‘Veterans Health Care Facilities Capital (2) by striking ‘‘$56,163,000’’ and inserting the event of a State’s non-compliance with the Improvement Act of 2011’’. ‘‘$90,600,000’’. reporting requirements. H.R. 2189 also re- (b) TABLE OF CONTENTS.—The table of con- (b) MODIFICATION OF EXTENSION OF AUTHOR- tents for this Act is as follows: IZATION FOR MAJOR MEDICAL FACILITY CON- quires an accurate and complete study and re- STRUCTION PROJECT IN ORLANDO, FLORIDA, port of information on deaths that occurred in Sec. 1. Short title; table of contents. Sec. 2. Authorization of fiscal year 2012 PREVIOUSLY AUTHORIZED IN CONNECTION WITH CAPITAL ASSET REALIGNMENT INITIATIVE.— custody. Further, H.R. 2189 does not author- major medical facility projects. Section 802(11) of the Veterans Benefits, ize or require any additional spending. Sec. 3. Modification of authorization for cer- Health Care, and Information Technology For these reasons I support this legislation tain major medical facility con- Act of 2006 (Public Law 109–461), as amended and firmly believe it can be used to advance struction projects previously by section 702(b)(4) of the Veterans’ Mental authorized. our understanding of mortality in the criminal Health and Other Care Improvements Act of Sec. 4. Authorization of fiscal year 2012 justice system, which will one day save a life. 2008 (Public Law 110–387; 122 Stat. 4137), is major medical facility leases. We must continue to protect persons who are amended by inserting ‘‘, including a Simula- Sec. 5. Authorization of appropriations. tion, Learning, Education, and Research in the custody of Federal, State, and local au- Sec. 6. Modification of requirements relat- Network Center,’’ after ‘‘Florida, area’’. thorities. I urge my colleagues to lend their ing to congressional approval of support to the bill. (c) INCREASE IN AMOUNT OF AUTHORIZATION certain medical facility acqui- OF FISCAL YEAR 2008 MAJOR MEDICAL FACIL- The SPEAKER pro tempore. The sitions. ITY PROJECT AT DEPARTMENT OF VETERANS question is on the motion offered by Sec. 7. Limitation on authority of Secretary AFFAIRS MEDICAL CENTER IN PALO ALTO, the gentleman from Texas (Mr. SMITH) of Veterans Affairs to use bid CALIFORNIA.—The Secretary of Veterans Af- that the House suspend the rules and savings on major construction fairs may carry out the major medical facil- pass the bill, H.R. 2189. projects to expand purpose of ity project at the Department of Veterans major medical facility projects. The question was taken. Affairs Medical Center in Palo Alto, Cali- Sec. 8. Name of Department of Veterans Af- fornia, for which amounts were appropriated The SPEAKER pro tempore. In the fairs telehealth clinic, Craig, opinion of the Chair, two-thirds being under chapter 3 of title I of the Supple- Colorado. mental Appropriations Act, 2008 (Public Law in the affirmative, the ayes have it. Sec. 9. George H. O’Brien, Jr., Department 110–252; 122 Stat. 2326) under the heading Mr. SMITH of Texas. Mr. Speaker, I of Veterans Affairs Medical ‘‘CONSTRUCTION, MAJOR PROJECTS’’ under the object to the vote on the ground that a Center. heading ‘‘DEPARTMENT OF VETERANS quorum is not present and make the Sec. 10. Extension of certain expiring au- AFFAIRS’’ in an amount not to exceed thorities. $716,600,000. point of order that a quorum is not Sec. 11. Authorization of appropriations for present. (d) INCREASE IN AMOUNT OF AUTHORIZATION comprehensive service pro- OF FISCAL YEAR 2009 MAJOR MEDICAL FACIL- The SPEAKER pro tempore. Pursu- grams for homeless veterans. ITY PROJECT AT DEPARTMENT OF VETERANS ant to clause 8 of rule XX, further pro- Sec. 12. Reauthorization of appropriations AFFAIRS MEDICAL CENTER, SAN JUAN, PUERTO ceedings on this question will be post- for financial assistance for sup- RICO.—Section 701(3) of the Veterans’ Mental poned. portive services for very low-in- Health and Other Care Improvements Act of The point of no quorum is considered come veteran families in per- 2008 (Public Law 110–387; 122 Stat. 4137) is withdrawn. manent housing. amended by striking ‘‘$225,900,000’’ and in- Sec. 13. Extension of grant program for serting ‘‘$277,000,000’’. homeless veterans with special (e) INCREASE IN AMOUNT OF AUTHORIZATION f needs. OF FISCAL YEAR 2007 MAJOR MEDICAL FACIL- Sec. 14. Extension of specially adapted hous- ITY PROJECT AT DEPARTMENT OF VETERANS RECESS ing assistance for individuals AFFAIRS MEDICAL CENTER, ST. LOUIS, MIS- residing temporarily in housing SOURI.—Section 803(5) of the Veterans Bene- The SPEAKER pro tempore. Pursu- owned by a family member. fits, Health Care, and Information Tech- ant to clause 12(a) of rule I, the Chair Sec. 15. Extension of funding fees. nology Act of 2006 (Public Law 109–461) is declares the House in recess until ap- Sec. 16. Notice and verification of the use of amended by striking ‘‘$69,053,000’’ and insert- proximately 3:30 p.m. today. income information from other ing ‘‘$346,300,000’’. Accordingly (at 2 o’clock and 25 min- agencies. SEC. 4. AUTHORIZATION OF FISCAL YEAR 2012 Sec. 17. Termination or reduction of certain MAJOR MEDICAL FACILITY LEASES. utes p.m.), the House stood in recess benefits and services based on The Secretary of Veterans Affairs may until approximately 3:30 p.m. income information obtained carry out the following fiscal year 2012 major from other agencies. medical facility leases at the locations speci- f SEC. 2. AUTHORIZATION OF FISCAL YEAR 2012 fied, in an amount not to exceed the amount MAJOR MEDICAL FACILITY shown for that location: PROJECTS. (1) Columbus, Georgia, Community-Based b 1533 The Secretary of Veterans Affairs may Outpatient Clinic, in an amount not to ex- carry out the following major medical facil- ceed $5,335,000. AFTER RECESS ity projects in fiscal year 2012, with each (2) Fort Wayne, Indiana, Outpatient Clinic, project to be carried out in the amount spec- in an amount not to exceed $2,845,000. The recess having expired, the House ified for each project: (3) Mobile, Alabama, Outpatient Clinic, in was called to order by the Speaker pro (1) Construction of seismic corrections for an amount not to exceed $6,565,000. tempore (Mr. HARRIS) at 3 o’clock and Building 100 at the Department of Veterans (4) Rochester, New York, Outpatient Clin- 33 minutes p.m. Affairs Medical Center in Seattle, Wash- ic, in an amount not to exceed $9,232,000.

VerDate Mar 15 2010 00:39 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.007 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6247 (5) Salem, Oregon, Community-Based Out- (D) in paragraph (3), as so redesignated, by Edward Adams Department of Veterans Af- patient Clinic, in an amount not to exceed inserting before the period at the end the fol- fairs Clinic’’. $2,549,000. lowing: ‘‘, including information on pro- SEC. 9. GEORGE H. O’BRIEN, JR., DEPARTMENT (6) San Jose, California, Outpatient Clinic, jected changes in workload and utilization OF VETERANS AFFAIRS MEDICAL in an amount not to exceed $9,546,000. over a five-year period, a ten-year period, CENTER. (7) South Bend, Indiana, Outpatient Clinic, and a twenty-year period’’; (a) DESIGNATION.—The Department of Vet- in an amount not to exceed $6,731,000. (E) in paragraph (4), as so redesignated— erans Affairs medical center located in Big (8) Springfield, Missouri, Community- (i) by striking ‘‘Current and projected’’ and Spring, Texas, shall after the date of the en- Based Outpatient Clinic, in an amount not to inserting ‘‘Projected’’; and actment of this Act be known and designated exceed $6,489,000. (ii) by inserting before the period at the as the ‘‘George H. O’Brien, Jr., Department SEC. 5. AUTHORIZATION OF APPROPRIATIONS. end the following: ‘‘(including and identi- of Veterans Affairs Medical Center’’. (a) AUTHORIZATION OF APPROPRIATIONS FOR fying both recurring and non-recurring costs (b) REFERENCES.—Any reference in any CONSTRUCTION.—There is authorized to be ap- (including activation costs and total costs of law, regulation, map, document, record, or propriated to the Secretary of Veterans Af- ancillary services, equipment and all other other paper of the United States to the De- fairs for fiscal year 2012 or the year in which items)) over a five-year period, a ten-year pe- partment of Veterans Affairs medical center funds are appropriated for the Construction, riod, and a twenty-year period’’; and referred to in subsection (a) shall be consid- Major Projects, account $87,300,000 for the (F) in paragraph (6), as so redesignated— ered to be a reference to the ‘‘George H. projects authorized in section 2. (i) by striking ‘‘a description of each alter- O’Brien, Jr., Department of Veterans Affairs (b) MODIFICATION OF AUTHORIZATION FOR native to construction of the facility that Medical Center’’. CERTAIN MAJOR MEDICAL FACILITY CONSTRUC- was considered.’’ and inserting ‘‘each of the SEC. 10. EXTENSION OF CERTAIN EXPIRING AU- TION PROJECTS PREVIOUSLY AUTHORIZED.— following:’’; and THORITIES. There is authorized to be appropriated to the (ii) by adding at the end the following new (a) RECOVERY AUDITS FOR CERTAIN CON- Secretary of Veterans Affairs for fiscal year subparagraphs: TRACTS.—Section 1703(d)(4) of title 38, United 2012 or the year in which funds are appro- ‘‘(A) A detailed estimate of the total costs States Code, is amended by striking ‘‘Sep- priated for the Construction, Major Projects, (including total construction costs, activa- tember 30, 2013’’ and inserting ‘‘September account $850,070,000 for the projects author- tion costs, special purpose alterations (lump- 30, 2020’’. (b) HOMELESS VETERANS REINTEGRATION ized in section 3. sum payment) costs, number of personnel PROGRAMS.—Section 2021(e)(1)(F) of such (c) AUTHORIZATION OF APPROPRIATIONS FOR and total costs of ancillary services, equip- title is amended by striking ‘‘2011’’ and in- MEDICAL FACILITY LEASES.—There is author- ment and all other items) for each alter- serting ‘‘2012’’. ized to be appropriated to the Secretary of native to construction of the facility that (c) TREATMENT AND REHABILITATION FOR Veterans Affairs for fiscal year 2012 or the was considered. SERIOUSLY MENTALLY ILL AND HOMELESS year in which funds are appropriated for the ‘‘(B) A comparison of total costs to total VETERANS.—Section 2031(b) of such title is Medical Facilities account $49,292,000 for the benefits for each such alternative. leases authorized in section 4. amended by striking ‘‘December 31, 2011’’ and ‘‘(C) An explanation of why the preferred inserting ‘‘December 31, 2012’’. (d) LIMITATION.—The projects authorized in alternative is the most effective means to sections 2, 3, and 4 may only be carried out (d) ADDITIONAL SERVICES FOR SERIOUSLY achieve the stated project goals and the MENTALLY ILL AND HOMELESS VETERANS.— using— most cost-effective alternative.’’; and (1) funds appropriated for fiscal year 2012 Section 2033(d) of such title is amended by (2) in subsection (d)— striking ‘‘December 31, 2011’’ and inserting pursuant to the authorization of appropria- (A) by striking ‘‘major medical facility tions in subsection (a) of this section; ‘‘December 31, 2012’’. project’’ each place it appears and inserting (e) HOUSING ASSISTANCE FOR HOMELESS (2) funds available for Construction, Major ‘‘major construction project’’; and Projects, for a fiscal year before fiscal year VETERANS.—Section 2041(c) of such title is (B) in paragraph (2)— amended by striking ‘‘December 31, 2011’’ and 2012 that remain available for obligation; (i) in subparagraph (A), by striking ‘‘major (3) funds available for Construction, Major inserting ‘‘December 31, 2012’’. medical facility projects’’ and inserting (f) ADVISORY COMMITTEE ON HOMELESS VET- Projects, for a fiscal year after fiscal year ‘‘major construction projects’’; and 2012 that remain available for obligation; ERANS.—Section 2066(d) of such title is (ii) in subparagraph (B), by striking amended by striking ‘‘December 30, 2011’’ and (4) funds appropriated for Construction, ‘‘major medical facility’’ and inserting Major Projects, for fiscal year 2012 for a cat- inserting ‘‘December 31, 2012’’. ‘‘major construction project’’. (g) AUTHORITY TO TRANSFER REAL PROP- egory of activity not specific to a project; ERTY.—Section 8118(a)(5) of such title is (5) funds appropriated for Construction, SEC. 7. LIMITATION ON AUTHORITY OF SEC- RETARY OF VETERANS AFFAIRS TO amended by striking ‘‘the date that is seven Major Projects, for a fiscal year before 2012 USE BID SAVINGS ON MAJOR CON- years after the date of the enactment of this for a category of activity not specific to a STRUCTION PROJECTS TO EXPAND section’’ and inserting ‘‘December 31, 2018’’. project; and PURPOSE OF MAJOR MEDICAL FA- (6) funds appropriated for Construction, CILITY PROJECTS. SEC. 11. AUTHORIZATION OF APPROPRIATIONS FOR COMPREHENSIVE SERVICE Major Projects, for a fiscal year after 2012 for Section 8104(d)(2) of title 38, United States PROGRAMS FOR HOMELESS VET- a category of activity not specific to a Code, as amended by section 6, is further ERANS. project. amended by adding at the end the following Section 2013 of title 38, United States Code, SEC. 6. MODIFICATION OF REQUIREMENTS RE- new subparagraph: is amended— LATING TO CONGRESSIONAL AP- ‘‘(C) The Secretary may not obligate an (1) by striking ‘‘subchapter’’ and all that PROVAL OF CERTAIN MEDICAL FA- amount under subparagraph (A) to expand follows through the period at the end and in- CILITY ACQUISITIONS. the purpose of a major construction project serting the following: ‘‘subchapter amounts Section 8104 of title 38, United States Code, except pursuant to a provision of law en- as follows:’’; and is amended— acted after the date on which the Secretary (2) by adding at the end the following new (1) in subsection (b)— submits to the committees described in subparagraphs: (A) in paragraph (1)— paragraph (B) notice of the following: ‘‘(1) $150,000,000 for each of fiscal years 2007 (i) by striking ‘‘detailed description’’ and ‘‘(i) The major construction project that is through 2009. inserting ‘‘detailed estimate of the total the source of the bid savings. ‘‘(2) $175,100,000 for fiscal year 2010. costs’’; ‘‘(ii) The major construction project for ‘‘(3) $217,700,000 for fiscal year 2011. (ii) by striking ‘‘a description of the con- which the Secretary intends to expand the ‘‘(4) $250,000,000 for fiscal year 2012. sideration’’ and inserting ‘‘a detailed report purpose. ‘‘(5) $150,000,000 for fiscal year 2013 and each of the consideration’’; and ‘‘(iii) A description of such expansion of subsequent fiscal year.’’. (iii) by adding at the end the following: purpose. ‘‘Such detailed estimate shall include an SEC. 12. REAUTHORIZATION OF APPROPRIA- ‘‘(iv) The amounts the Secretary intends to TIONS FOR FINANCIAL ASSISTANCE identification of each of the following: obligate to expand the purpose.’’. FOR SUPPORTIVE SERVICES FOR ‘‘(A) Total construction costs. SEC. 8. NAME OF DEPARTMENT OF VETERANS AF- VERY LOW-INCOME VETERAN FAMI- ‘‘(B) Activation costs. FAIRS TELEHEALTH CLINIC, CRAIG, LIES IN PERMANENT HOUSING. ‘‘(C) Special purpose alterations (lump-sum COLORADO. (a) IN GENERAL.—Subsection (e) of section payment) costs. (a) DESIGNATION.—The Department of Vet- 2044 is amended— ‘‘(D) Number of personnel. erans Affairs telehealth clinic in Craig, Colo- (1) in paragraph (1), by adding at the end ‘‘(E) Total costs of ancillary services, rado, shall after the date of the enactment of the following new subparagraph: equipment, and all other items.’’; this Act be known and designated as the ‘‘(D) $100,000,000 for fiscal year 2012.’’; and (B) by striking paragraphs (2) and (3) and ‘‘Major William Edward Adams Department (2) in paragraph (3), by striking ‘‘2011’’ and redesignating paragraphs (4) through (8) as of Veterans Affairs Clinic’’. inserting ‘‘2012’’. paragraphs (2) through (6), respectively; (b) REFERENCES.—Any reference in any (b) TECHNICAL AMENDMENT.—Paragraph (1) (C) in paragraph (2), as so redesignated, by law, regulation, map, document, record, or of such subsection is further amended by striking ‘‘a five-year period and a ten-year other paper of the United States to the clinic striking ‘‘carry out subsection (a), (b), and period’’ and inserting ‘‘a five-year period, a referred to in subsection (a) shall be consid- (c)’’ and inserting ‘‘carry out subsections (a), ten-year period, and a twenty-year period’’; ered to be a reference to the ‘‘Major William (b), and (c)’’.

VerDate Mar 15 2010 00:39 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.005 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6248 CONGRESSIONAL RECORD — HOUSE September 20, 2011 SEC. 13. EXTENSION OF GRANT PROGRAM FOR Springfield, Missouri; Fort Wayne, In- ing, overcome substance use or other HOMELESS VETERANS WITH SPE- diana; Mobile, Alabama; Rochester, issues, gain meaningful employment, CIAL NEEDS. Section 2061(c)(1) of title 38, United States New York; San Jose, California; and and put them on the path to being pro- Code, is amended by striking ‘‘2011’’ and in- South Bend, Indiana. ductive, successful members of our so- serting ‘‘2012’’. Section 6 of the bill would clarify ciety. SEC. 14. EXTENSION OF SPECIALLY ADAPTED what information the VA must provide This legislation represents a bipar- HOUSING ASSISTANCE FOR INDIVID- to Congress when seeking authoriza- tisan effort, and I would like to express UALS RESIDING TEMPORARILY IN tion for a major medical project or fa- my thanks to Chairman JEFF MILLER HOUSING OWNED BY A FAMILY MEM- BER. cility project or lease. and Ranking Member BOB FILNER, as Section 2102A(e) of title 38, United States Under current law, the VA is required well as Subcommittee on Health Chair- Code, is amended by striking ‘‘2011’’ and in- to submit to Congress a prospectus for woman ANN MARIE BUERKLE and Rank- serting ‘‘2012’’. all major medical facility projects and ing Member MIKE MICHAUD, for their SEC. 15. EXTENSION OF FUNDING FEES. lease requests. The information should efforts to quickly move this important Section 3729(b)(2) of title 38, United States include details relating to construc- legislation through committee and to Code, is amended by striking ‘‘October 1, tion, equipment, and other costs for the House floor. 2011’’ each place it occurs and inserting ‘‘No- the proposed project, as well as any b 1540 vember 18, 2011’’. and all alternatives considered and SEC. 16. NOTICE AND VERIFICATION OF THE USE data on projected utilization and oper- Further, the manager’s amendment OF INCOME INFORMATION FROM ating costs. However, the VA has not reflects an agreement reached with the OTHER AGENCIES. chairman and ranking member of the Section 5317(g) of title 38, United States provided this information in sufficient Code, is amended by striking ‘‘September 30, detail to allow Congress to effectively Senate Committee on Veterans’ Af- 2011’’ and inserting ‘‘November 18, 2011’’. evaluate proposed projects and alter- fairs, Senator PATTY MURRAY and Sen- SEC. 17. TERMINATION OR REDUCTION OF CER- natives. Without accurate and com- ator RICHARD BURR. I extend my appre- TAIN BENEFITS AND SERVICES plete information, Congress cannot ciation to them for their work on this BASED ON INCOME INFORMATION carry out its statutory mission of en- bill. It is my expectation that, fol- OBTAINED FROM OTHER AGENCIES. suring an equitable distribution of lowing consideration in the House, the (a) TITLE 38.—Section 5317A(d) of title 38, Senate will act to take up H.R. 2646, as United States Code, is amended by striking medical facilities to provide access to ‘‘September 30, 2011’’ and inserting ‘‘Novem- care for our veterans across the United amended, and the legislation will be ber 18, 2011’’. States or be assured we are good stew- presented to the President for signa- (b) SOCIAL SECURITY ACT.—Section ards of taxpayer dollars. ture prior to the end of the fiscal year. 453(j)(11)(G) of the Social Security Act (42 To similarly improve oversight, sec- Mr. Speaker, I urge all of my col- U.S.C. 653(j)(11)(G)) is amended by striking tion 7 of the bill would require the VA leagues to join me in supporting H.R. ‘‘September 30, 2011’’ and inserting ‘‘Novem- to obtain congressional authorization 2646, as amended, and I reserve the bal- ber 18, 2011’’. when using bid savings to expand the ance of my time. The SPEAKER pro tempore. Pursu- purpose of a major medical facility Mr. WALZ of Minnesota. I yield my- ant to the rule, the gentleman from project. self such time as I may consume. Ohio (Mr. JOHNSON) and the gentleman Section 8 of the bill would name the I would like to thank the gentleman from Minnesota (Mr. WALZ) each will VA telehealth clinic in Craig, Colo- for his hard work on this bill as well as control 20 minutes. rado, the ‘‘Major William Edward the chairman and the ranking member. The Chair recognizes the gentleman Adams VA Clinic.’’ This provision was I would also like to thank the gen- from Ohio. adopted from H.R. 1658, introduced by tleman for his service to this Nation in Mr. JOHNSON of Ohio. I yield myself my friend and colleague SCOTT TIPTON uniform and now on the VA Com- such time as I may consume. from Colorado, and I thank him for mittee—a tireless advocate for our vet- Mr. Speaker, H.R. 2646, as amended, bringing this proposal forward. Major erans. I think this piece of legislation the Veterans Health Care Facilities William Edward Adams, a Medal of authorizing the construction and some Capital Improvement Act, would en- Honor recipient, was a true American important things that you’ve just compass the Department of Veterans hero, and this designation would appro- heard the gentleman talk about is a Affairs’ request for major medical fa- priately memorialize his brave service. model for how we can do business here cility projects and leases for fiscal year Section 9 of the bill would name the in a bipartisan manner—agreeing on 2012 and extend certain expiring au- VA medical center in Big Spring, things, discussing them, moving out of thorities. Texas, the ‘‘George H. O’Brien, Jr., De- subcommittees, through the full com- The bill before us today tracks with partment of Veterans Affairs Medical mittee, and now here to the House the resources that were provided in the Center.’’ I would also like to thank my floor. So thank you for that. appropriations bill that passed the friend and colleague from Texas, Mr. Speaker, our most solemn obliga- House with bipartisan support. RANDY NEUGEBAUER, for his efforts to tion is to take care of the men and The VA provides high-quality med- introduce H.R. 558, which became this women who have served our Nation and ical care and services to our honored provision. George H. O’Brien, Jr., is to ensure that they have access to the veterans through an extensive and di- also a Medal of Honor recipient, and it benefits and the quality health care verse portfolio of medical facilities. is important that we recognize his hon- that they’ve so rightly earned. We have This national infrastructure generates orable service. an obligation to make sure the places a great deal of costly construction and Additionally, the bill would extend, that they receive care are world class maintenance needs which the Depart- for various periods, expiring authori- and safe. ment must address. ties for several programs, including H.R. 2646, as amended, would author- Section 2 of the bill would authorize those that provide services to homeless ize $937,370,000 for seven major medical the appropriation of $87 million for veterans. facilities. These projects include crit- seismic corrections and renovations at It is deeply concerning that veterans ical improvements to VA medical cen- facilities in Los Angeles, California, continue to be overrepresented in the ters to protect them in the event of and Seattle, Washington. homeless population, and helping natural disasters and to protect our re- Section 3 of the bill would authorize homeless veterans and those at risk covering veterans by addressing basic the appropriation of $850 million to gain access to the support they need to safety needs, such as adding fire extin- construct and modify medical facilities reintegrate into stable community en- guishers and abating existing asbestos. in Palo Alto, California; St. Louis, Mis- vironments and lead productive lives is The projects also provide for state-of- souri; San Juan, Puerto Rico; Fayette- one of the highest priorities of the Vet- the-art facilities and training centers ville, Arkansas; and Orlando, Florida. erans’ Affairs Committee. to improve the care veterans receive Section 4 would authorize the appro- The extension of these programs and to make sure that veterans feel priation of $50 million for leasing eight would provide comprehensive sup- comfortable and welcome at all our fa- out-patient medical facilities in Co- portive services to help homeless and cilities. Additionally, the bill would lumbus, Georgia; Salem, Oregon; at-risk veterans find permanent hous- authorize funds for eight new major

VerDate Mar 15 2010 00:39 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.005 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6249 medical facility leases that will assist be evacuated for medical treatment for Nearly 30 percent of our men and women the VA in bringing health care closer nearly four hours, and continued to returning from Operations Enduring Freedom to veterans and improve the quality of lead his men in battle. and Iraqi Freedom who use the VA Health current health care services, especially One year to the day after his actions, System have Post Traumatic Stress Disorder. in rural America. Mr. O’Brien was awarded the Medal of Seven percent of newly returning veterans en- It contains several extensions of au- Honor by President Eisenhower for rolled in the VA Health System are addicted to thority for homeless programs and sup- ‘‘conspicuous gallantry and intrepidity alcohol and/or other substances. It’s only right portive services for very low-income at the risk of his life above and beyond to take care of those who have risked their veteran families. We owe it to our vet- the call of duty as a rifle platoon com- lives for our Nation. erans to ensure they have access to se- mander in action against enemy ag- When I came to Washington, I knew it was cure, safe, clean housing that offers a gressor forces.’’ critical to obtain a seat on the House Veterans supportive environment. Upon his discharge from the United Affairs Committee for this very reason. I have Finally, this bill extends programs States Marines, O’Brien settled in Big the honor of working for the Fort Wayne hos- that are critical for our veterans who Spring, Texas, to raise a family and pital and veterans health care in northeast In- suffer from mental health issues. Near- begin a career in petroleum geology. diana. This bill is not only important to Hoosier ly 30 percent of the patients the VA He often participated in volunteer pro- veterans, but also for our veterans around the sees during any given year have a men- grams at the Big Spring VA. In a 2003 country. I urge my colleagues to support the tal health diagnosis. We’ve taken interview with American Veteran mag- passage of H.R. 2646. strides to address this ever-growing azine, old Mr. O’Brien stated, ‘‘This The SPEAKER pro tempore. The issue, but we still have a long way to Medal of Honor is not mine. I hold it in question is on the motion offered by go. With the growing number of vet- trust for so many young people who the gentleman from Ohio (Mr. JOHN- erans returning from Iraq and Afghani- didn’t become grandfathers.’’ George SON) that the House suspend the rules stan and with an increasing number of Herman O’Brien, Jr., passed away on and pass the bill, H.R. 2646, as amend- veterans suffering from mental health March 11, 2005. He was 78 years old. ed. issues, we must work together to tack- I urge my colleagues to support the The question was taken. le this challenge, and this legislation underlying bill, and I am proud to The SPEAKER pro tempore. In the helps by extending those programs. honor this great American veteran. opinion of the Chair, two-thirds being Mr. WALZ of Minnesota. Mr. Speak- I would certainly encourage my colin the affirmative, the ayes have it. er, I urge the support of this important leagues to do what’s right by our vet- Mr. JOHNSON of Ohio. Mr. Speaker, piece of legislation. Again, I thank the erans and to support this good piece of on that I demand the yeas and nays. gentleman from Ohio and the staff on legislation, H.R. 2646, as amended. The yeas and nays were ordered. I reserve the balance of my time. both sides for putting together an im- The SPEAKER pro tempore. Pursu- Mr. JOHNSON of Ohio. Mr. Speaker, portant piece of legislation for Amer- ant to clause 8 of rule XX, further pro- I yield 3 minutes to my friend and col- ica’s veterans. league from the great State of Texas, As I have no further requests for ceedings on this question will be postponed. Representative RANDY NEUGEBAUER. time, I yield back the balance of my Mr. NEUGEBAUER. I thank the gen- time. f tleman for yielding. GENERAL LEAVE RECESS Earlier this year, I introduced H.R. Mr. JOHNSON of Ohio. Mr. Speaker, The SPEAKER pro tempore. Pursu- 558. This legislation would rename the I ask unanimous consent that all Mem- ant to clause 12(a) of rule I, the Chair Veterans Affairs Medical Center lo- bers have 5 legislative days in which to declares the House in recess for a pe- cated in Big Spring, Texas, after Medal revise and extend their remarks on the riod of less than 15 minutes. of Honor recipient George H. O’Brien, manager’s amendment to H.R. 2646, as Accordingly (at 3 o’clock and 48 min- Jr. I would like to thank Chairman amended. MILLER and Congressman FLORES for The SPEAKER pro tempore. Is there utes p.m.), the House stood in recess working to include this legislation as a objection to the request of the gen- subject to the call of the Chair. part of the bill before us today. tleman from Ohio? f Born in Fort Worth, Texas, in 1926, There was no objection. b 1554 Mr. O’Brien enlisted in the Marine Mr. JOHNSON of Ohio. Once again, I Corps while attending Texas Tech Uni- encourage all Members to support H.R. AFTER RECESS versity. Shortly after graduation, he 2646, as amended, and I yield back the The recess having expired, the House was deployed to Korea. balance of my time. was called to order by the Speaker pro On October 27, 1952, the Americans Mr. STUTZMAN. Mr. Speaker, I rise today tempore (Mr. HARRIS) at 3 o’clock and mounted a counterattack during the in support of H.R. 2646, the Veterans Health 54 minutes p.m. Battle of the Hook, a position of key Care Facilities Capital Improvement Act of f strategic significance. When the battle 2011. This bill authorizes appropriations for began, Second Lieutenant O’Brien the Department of Veterans Affairs to begin COMBATING AUTISM leapt from his trench and bravely led major construction projects and enter into REAUTHORIZATION ACT OF 2011 his platoon into deadly small arms, ar- leases for VA facilities in 15 cities. These con- Mr. PITTS. Mr. Speaker, I move to tillery, and mortar fire against a nu- struction projects and leases will help many suspend the rules and pass the bill merically superior force. veterans around the country receive the best (H.R. 2005) to reauthorize the Com- Mr. O’Brien’s official citation tells care they possibly can. bating Autism Act of 2006. his story best: ‘‘Although shot through One of those leases has special significance The Clerk read the title of the bill. the arm and thrown to the ground by for Hoosier veterans. Today, I’m very pleased The text of the bill is as follows: hostile automatic-weapons fire as he that Fort Wayne, Indiana, will benefit from a H.R. 2005 neared the well-entrenched enemy po- lease that will support an important annex to Be it enacted by the Senate and House of sition, he regained his feet, waved his the VA hospital that serves vets in northeast Representatives of the United States of America men onward, and continued to spear- Indiana. in Congress assembled, head the assault, pausing only long A 27,000 square-foot annex will provide a SECTION 1. SHORT TITLE. enough to go to the aid of a wounded mental health clinic, Post Traumatic Stress This Act may be cited as the ‘‘Combating marine. Encountering the enemy at Disorder Clinic, and substance abuse clinic. Autism Reauthorization Act of 2011’’. close range, Second Lieutenant O’Brien This bill is the final step in moving the lease SEC. 2. DEVELOPMENTAL DISABILITIES SURVEIL- proceeded to hurl handgrenades into for this annex into fruition and extending LANCE AND RESEARCH PROGRAM. the bunkers and, utilizing his carbine health services for veterans in northeast Indi- Part R of title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is amend- to best advantage in savage hand-to- ana. This annex will only add to the array of ed— hand combat, succeeded in killing at services already provided by the Fort Wayne (1) in section 399AA(e), by striking ‘‘2011’’ least three of the enemy.’’ VA Hospital. It’s not the last chapter in our on- and inserting ‘‘2014’’; Impressively, despite being wounded, going effort to ensure quality care for our vets, (2) in section 399BB(g), by striking ‘‘2011’’ Second Lieutenant O’Brien refused to but it’s an important one. and inserting ‘‘2014’’;

VerDate Mar 15 2010 01:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.020 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6250 CONGRESSIONAL RECORD — HOUSE September 20, 2011 (3) in section 399CC(f), by striking ‘‘2011’’ Autism Act set to expire at the end of As Mr. DOYLE said, there is an in- and inserting ‘‘2014’’; and this month. creasing prevalence of autism, and it is (4) in section 399DD— I want to take this opportunity to a diagnosis and a condition that these (A) in subsection (a), by striking ‘‘Not emphasize the importance of this act, children and their families deal with later than 4 years after the date of enact- and I also want to thank my counter- ment of the Combating Autism Act of 2006’’ for their entire life. It’s a challenge for and inserting ‘‘Not later than 2 years after part, my colleague and my good friend, those families, a tremendous challenge, the date of enactment of the Combating Au- CHRIS SMITH, on the other side of the one that can’t be overstated; but it’s tism Reauthorization Act of 2011’’; and aisle, for his leadership on this issue. also a challenge for society as well be- (B) in subsection (b), in paragraphs (4) and Five years ago, the House of Rep- cause the long-term cost involved in (5), by striking ‘‘the 4-year period beginning resentatives passed bipartisan legisla- providing care for individuals with de- on the date of enactment of this Act’’ and in- tion by a voice vote that provided the velopment disorders can be great, al- serting ‘‘the 6-year period beginning on the support and direction for the country’s though it can be lessened. There is date of enactment of the Combating Autism first autism-specific research. That hope; there is treatment. Act of 2006’’. bill, the Combating Autism Act, in- The blessing of recent years, in fact, SEC. 3. AUTHORIZATION OF APPROPRIATIONS. cluded life-changing provisions relat- has been that new research and early Section 399EE of the Public Health Service ing to the diagnosis and treatment of Act (42 U.S.C. 280i–4) is amended to read as intervention programs are making an follows: persons with autism spectrum dis- enormous difference in bettering the ‘‘SEC. 399EE. AUTHORIZATION OF APPROPRIA- orders, and expanded biomedical re- lives of young boys and girls with au- TIONS. search on autism, including an essen- tism spectrum disorders. ‘‘(a) DEVELOPMENTAL DISABILITIES SUR- tial focus on possible environmental b 1600 VEILLANCE AND RESEARCH PROGRAM.—To causes. carry out section 399AA, there is authorized With this funding, the Centers for With early intervention, many can to be appropriated $22,000,000 for each of fis- Disease Control have been able to put lead much better if not almost normal cal years 2012 through 2014. together detailed surveillance of au- lives, which is a blessing for all of us, ‘‘(b) AUTISM EDUCATION, EARLY DETECTION, tism so that we have better data to and it’s a joy to see. It’s a joy to see AND INTERVENTION.—To carry out section these children respond to early inter- 399BB, there is authorized to be appropriated use. Autism screening at well-baby $48,000,000 for each of fiscal years 2011 checkups have become mainstream, vention and begin to develop emotion- through 2014. and parents are better educated about ally. ‘‘(c) INTERAGENCY AUTISM COORDINATING the warning signs, along with the As a member of the Congressional COMMITTEE; CERTAIN OTHER PROGRAMS.—To treatment options. Additionally, stand- Autism Caucus, I personally have seen carry out sections 399CC, 404H, and 409C, ards of care for those with an autism exciting innovations at facilities using there is authorized to be appropriated spectrum disorder have been developed a comprehensive approach to care. $161,000,000 for each of fiscal years 2011 for both physical and behavioral health Mitchell’s Place in Birmingham is through 2014.’’. where there had been none. helping young children and adolescents The SPEAKER pro tempore. Pursu- Early diagnoses and intervention for in Alabama improve both their aca- ant to the rule, the gentleman from children with autism is utterly life demic performance and social behavior Pennsylvania (Mr. PITTS) and the gen- changing. It can mean the difference by combining the latest in research tleman from Pennsylvania (Mr. DOYLE) between independence in the commu- and services with a structured and car- each will control 20 minutes. nity and living in a communal home. It ing environment. The Chair recognizes the gentleman can mean the difference between That center was started by a couple from Pennsylvania (Mr. PITTS). speaking or being mute. And for many whose young boy had autism, and it is Mr. PITTS. I yield myself such time parents, it means peace of mind and a a blessing for our community. You as I may consume. support network that would have been only need to visit that center and see Mr. Speaker, H.R. 2005, the Com- impossible without this initial invest- the beautiful children and the new bating Autism Reauthorization Act of ment in research on autism spectrum hope that they have, not only they but 2011, would enable the Department of disorders. their proud parents and grandparents Health and Human Services to con- I introduced this legislation with my as they realize that every day, every tinue its important work to under- good friend, CHRIS SMITH, as part of a week, every month they are improving stand, treat, and cure autism spectrum three-bill package. Those pieces of leg- and becoming more a part of society disorders. islation would ensure that there are and more a functioning individual as In 2000, Congress passed the Chil- also services available to adults with far as their interaction with others. It dren’s Health Act that included fund- autism, which I think is critical. It’s is literally a godsend to these people. ing for research and surveillance on au- my hope that in the future this body It’s an oasis. It’s a spring in the desert. tism. Eventually in 2006, Congress will have a conversation about the A coordinated and comprehensive ap- passed the Combating Autism Act that needs of adults living with autism, and proach to the treatment of autism is now being reauthorized. that we will consider how best to pro- spectrum disorders has been key to The Combating Autism Act author- vide for them so that everyone has a this encouraging process. My home izes HHS to research on autism spec- long, fulfilling and productive life. State of Alabama, I am proud to say, trum disorders and other develop- But, for now, it is of grave impor- has recognized the importance of close mental disabilities at NIH, convene an tance that the House passes this reau- cooperation when it formed the Ala- Interagency Autism Coordinating thorization with the same over- bama Interagency Autism Coordi- Council, conduct surveillance to iden- whelming support as 5 years ago and nating Council in 2008. To a certain ex- tify the extent of the disorder, and pro- that we can get this bill to the Presi- tent it looked to Pennsylvania and the mote early screening and train medical dent’s desk by the end of this month. work that had been done there. Chil- personnel to identify children at risk. I urge my colleagues to support this dren and parents across my State are Since the program was first passed in bill, and I reserve the balance of my being helped by the council’s planning 2006, research has led to better diag- time. and awareness efforts. nosis, more comprehensive surveillance Mr. PITTS. Mr. Speaker, I yield 3 Finally, the Combating Autism Act and programs that offer support and minutes to the gentleman from Ala- has been crucial to promoting a coordi- respite for families. I urge my col- bama (Mr. BACHUS). nated approach on the national level. leagues to support this legislation, and Mr. BACHUS. I thank the gentleman The renewal of this legislation will I reserve the balance of my time. from Pennsylvania and, in fact, both build on the successes that have al- Mr. DOYLE. I yield myself such time gentlemen from Pennsylvania. ready been achieved in a responsible as I may consume. Mr. DOYLE, I commend you, and I and effective way. I close by saying Mr. Speaker, I am pleased to see that commend my colleague, CHRIS SMITH, that it’s my hope that this legislation the House of Representatives is consid- for your excellent work over the years will receive overwhelming bipartisan ering legislation to reauthorize the in combating autism and for bringing support because it is doing good work Combating Autism Act, and it’s not a this bill to reauthorize the Combating while making life-changing invest- moment too soon with the Combating Autism Act. ments in the health and well-being of

VerDate Mar 15 2010 01:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.010 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6251 very special children and very precious and thank him for his leadership on veillance, Research, and Epidemiology, children. this issue. or ASSURE, Act to establish centers of I thank you, Mr. DOYLE. Mr. SMITH of New Jersey. I thank excellence and create a Federal advi- Mr. DOYLE. Mr. Speaker, I would my good friend, the chair, Mr. PITTS, sory committee which became Title I like to thank the gentleman from Ala- for yielding and for his leadership on of the Children’s Health Act of 2000. I bama, a valuable member of the Au- all issues relating to health, and in always want to thank Chairman BILI- tism Caucus, for his words of support. particular on autism. I do want to RAKIS for including it in his bill. It My good friend, CHRIS SMITH, has thank Speaker BOEHNER and Majority made all the difference in the world. joined us on the floor. CHRIS, you Leader CANTOR for bringing the bill to Five years later, the initiative was re- weren’t here, I thanked you for your the floor. Without them, it wouldn’t be authorized and expanded in the Com- leadership, and it’s good to see you. on the floor today. And I also thank bating Autism Act, the law we respect- Mr. Speaker, at this time I would Energy and Commerce Committee fully ask Members to renew today. like to yield 3 minutes to my friend Chairman FRED UPTON. And of course, b 1610 and colleague, the gentleman from again, Chairman PITTS. North Carolina (Mr. BUTTERFIELD). And I want to thank my good friend According to the NIH, autism spectrum disorder—and just for the record, Mr. BUTTERFIELD. Let me first Mr. DOYLE. We have worked on this for thank Congressman DOYLE for yielding well over a decade. We formed the Au- again, autism is defined as impaired me time and certainly thank him for tism Caucus. It has over 100 members. verbal or nonverbal communication his leadership on this very important It is totally bipartisan. It has been a skills and social interactions, and re- issue. Not only has he led on this issue, pleasure to work with him, and I thank stricted, repetitive, and stereotyped but he has led on the Energy and Com- him for his leadership as well. patterns of behavior ranging in impact merce Committee for many years, and Mr. Speaker, I do rise in support of from mild to significantly disabling—it I just want to thank him publicly for this bill, H.R. 2005, the Combating Au- ought to be noted that the Combating his friendship and his leadership. Also tism Reauthorization Act of 2011. This Autism Act of 2011 will continue the success of the CAA of 2006 by author- let me thank Congressman CHRIS legislation is critically important to izing funding for programs at NIH, SMITH for his bipartisan spirit and his continue without interruption the willingness to work on this very impor- progress that has been achieved to date CDC, and HRSA for 3 additional years. I would point out, and this is important issue. These two men working to- in understanding autism and in devel- tant, autism spectrum disorder is very gether have really and truly made a oping interventions that will have the expensive and, again, efforts made to difference. I join the chairman of the greatest impact in helping individuals mitigate its prevalence and to treat subcommittee, Mr. PITTS, and all of affected by autism or other develop- with early intervention those who the others, in thanking them for a job mental disabilities. show or manifest signs of it are not When I first got elected to Congress well done. only humane, and that should be our Mr. Speaker, later today the House is in 1980, the autism community accept- driving force, but they are also very going to take up this legislation, the ed that autism prevalence rates in the cost effective. It’s estimated that ASD Combating Autism Reauthorization United States were something on the costs per year are between $35 billion Act of 2011. Make no mistake about it, order of 3 in 10,000. Today it is esti- and $90 billion dollars, with a ‘‘b.’’ So I intend to vote for this very important mated to be 1 in 110, and in some places the costs are very, very large. bill. like New Jersey, the data suggests 1 in H.R. 2005, as my colleagues I know However, I have come to the floor 94, for a total of about 1.5 million indi- have said, would also reauthorize the today to make a very simple but im- viduals in the U.S. who are suffering Interagency Autism Coordinating Com- portant point that I had intended to from autism. mittee, or the IACC, a panel of govern- raise had this bill been heard in regular On May 31 of this year, I chaired a ment and public members tasked with order and had it been considered by our hearing as chairman of the Africa, coordinating all ASD-related activities committee. Global Health, and Human Rights Sub- within HHS, as well as developing and Although autism occurs in every ra- committee, a hearing entitled, ‘‘Global annually updating a strategic plan for cial, ethnic, and socioeconomic group, Autism: A Developmental Disability ASD research in order to enhance the studies show clearly that, on average, a Pandemic.’’ My committee received quality, efficacy, and applicability of diagnosis of autism or autism spectrum testimony that some 67 million people research grants. In other words, let’s disorder is actually delayed by almost worldwide suffer from ASD in the spend the money wisely. 2 years for African American and His- world. There are tens of millions in Af- To avoid waste and duplication, the panic children as compared to their rica, according to the World Health Or- IACC has crafted three strategic re- Caucasian counterparts. Many of my ganization. It is an epidemic, and this search plans: one in 2009, one in 2010, colleagues may not know this, but it is legislation, the Combating Autism Act, and another for this year. For example, a clear fact, minority children are is a very responsible and, I would sug- in 2009, the strategic plan included 40 much more likely to be misdiagnosed gest, modest effort to combat this pan- research objectives, including develop- with conduct-related or adjustment demic that’s occurring. ment of new diagnostic tools, identi- disorders. In 1998, Mr. Speaker, the wonderful fication of genetic and environmental Since research shows that early de- parents of two autistic children in my risk factors, and assessments of serv- tection yields better, more effective re- district, Bobby and Billy Gallagher, ices for people with ASD in all ages in sults, it is imperative, Mr. Speaker, asked me to look into what appeared at a community setting. that we expand efforts to address dis- the time to be an autism prevalence It should be noted that the aging-out parities in awareness, diagnosis, treat- spike in Brick Township, New Jersey. I issue is becoming increasingly a con- ment, and services. In carrying out the invited CDC and the Agency for Toxic cern. What does a parent whose son or programs of the Reauthorization Act, I Substances and Disease Registry, daughter or sons or daughters turn 21 simply ask the Secretary of Health and ATSDR, and others to investigate. Not and the full array of those services are Human Services to make every con- only did their probe show what ap- no longer available? What do they do? ceivable effort to address the well-doc- peared to be elevated numbers of chil- Recently I met with Chuck Colson’s umented needs of minority children dren with the disorder in Brick Town- daughter, who wrote a book called who are diagnosed with this disease ship, but the data strongly suggested a ‘‘Dancing with Max,’’ a wonderful story that we refer to as autism. much wider problem than anticipated of love between a mother and son. Her I want to thank you for listening and in other parts of my State because son now is aging out, and she is fright- thank you for your advocacy, and I they weren’t doing comparisons, and ened by the prospect of what happens if urge my colleagues to support passage the data calls produced information she gets elderly and those services are of H.R. 2005. which said, we have a problem not just not there. We need to be focusing on Mr. PITTS. Mr. Speaker, I yield such in Brick, but elsewhere. that. time as he may consume to the gen- In direct response to that, in 1999 I The 2010 strategic plan had 32 new ob- tleman from New Jersey (Mr. SMITH) introduced the Autism Statistics, Sur- jectives, including health disparities in

VerDate Mar 15 2010 01:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.026 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6252 CONGRESSIONAL RECORD — HOUSE September 20, 2011 early diagnosis and treatment of co- In 1998, the wonderful parents of two autis- development of new diagnostic tools, identi- concurring conditions, such as epi- tic children in my district, Bobbie and Billy Gal- fication of genetic and environmental risk fac- lepsy, sleep, and gastrointestinal dis- lagher, asked me to look into what appeared tors, and assessments of services for people orders. The 2011 strategic plan added to be an autism prevalence spike in Brick with ASD of all ages in a community setting. another 16 objectives, including studies Township, New Jersey. I asked CDC and the The 2010 IACC strategic plan has 32 new on the use and accessibility of alter- Agency for Toxic Substances and Disease objectives, including health disparities in early native and augmentative communica- Registry (ATSDR) and others to investigate, diagnosis and treatment of co-occurring condition tools for nonverbal individuals. and not only did their probe show what ap- tions, such as epilepsy and sleep and gastro- I just want to say to my colleagues, peared to be elevated numbers of children intestinal disorders. and I have much more that I will put with the disorder in Brick, but the data strongly And the 2011 strategic plan added another into the RECORD of how important it is, suggested a much wider problem than antici- 16 objectives, including studies on the use but all these different agencies of gov- pated in other parts of the State. and accessibility of alternative and augment- ernment are surging to try to combat In 1999, I introduced the Autism Statistics, ative communication (AAC) tools for nonverbal autism. We need to reauthorize this Surveillance, Research and Epidemiology (AS- individuals. legislation. The CDC has its ‘‘learn the SURE) Act to establish centers of excellence The IACC also summarizes advances in signs, act early campaign.’’ My friend, and create a Federal advisory committee, ASD research identified as having the greatest Mr. BUTTERFIELD, earlier mentioned which became Title I of the Children’s Health impact on the field of autism, which has in- the fact that minority communities Act of 2000. cluded the association between family history have been left out or diagnoses are Five years later, the initiative was reauthor- of autoimmune disease and ASD, genetic risk often not done in a timely way. That is ized and expanded in the Combating Autism factors, racial disparities, and novel ways to absolutely true. And more needs to be Act—the law we respectfully ask members to diagnose ASD using speech patterns. Just for done. The programs are in place. The renew today. fiscal year 2010, NIH awarded 528 grants policies are in place. We need to con- According to the National Institutes of from baseline funding to pursue promising re- tinue what is truly a very, very effec- Health, Autism Spectrum Disorder (ASD) is search related to autism. tive use of taxpayer dollars to help ‘‘characterized by impaired verbal and non- This reauthorization bill also continues sup- these autistic children. verbal communication skills and social inter- port of the critical surveillance and epidemi- There is also the problem, as the in- actions and restricted, repetitive and stereo- ology programs that were established by the formation has shown, that early detec- typed patterns of behavior, ranging in impact Children’s Health Act and strengthened by the tion is key to mitigating the impact of from mild to significantly disabling.’’ Combating Autism Act. autism. But still, even with 10 years’ The total cost to society of ASD has been The Autism and Developmental Disabilities experience educating doctors, parents, estimated from 35 to 90 billion dollars annu- Network (ADDM) has published the most com- and educators, there is still about a 2- ally. The Harvard School of Public Health cal- prehensive and highest quality estimates to year lag when there’s a detection of culated that it can cost $3.2 million to take date of the prevalence of ASD in multiple something is wrong with my son or care of one autistic person over his or her life- areas of the U.S. daughter before that diagnosis is actu- time. Looking at medical expenses alone, a The Centers for Autism Developmental Dis- ally made. The earlier we start the CD study of employer-based health insurance abilities Research and Epidemiology has im- intervention strategies, the greater showed that individuals with an ASD had aver- plemented the Study to Explore Early Devel- chance that child will have a quality of age medical expenditures that exceeded those opment (SEED), which is the largest study life and a life where they can then without an ASD by $4,100 to $6,200 per year. planned to date of the causes of autism, in- achieve their goals and their dreams, A decade of research, surveillance, treat- cluding genetic and environmental risk factors. but if we don’t catch it early and begin ment and education has had a significant posi- The study has enrolled 2700 families and ini- taking action, very often, the life of tive impact on the ASD affected person, as tial findings are due next year. that child is more seriously impaired. well as his or her family—who, as we all The CAA also focuses on programs in edu- This legislation, like I said, is a mod- know, face huge financial and emotional chal- cation, early detection and interventions that est step, but a very crucial step. I want lenges of their own. have already impacted the lives of hundreds to thank all the organizations for the The Combating Autism Reauthorization Act of thousands of individuals with autism and work that they have done—they have of 2011 will continue the success of the CAA other developmental disabilities and their fami- been tremendous—the NGOs that are in of 2006 by authorizing funding for programs at lies. the community, Autism Speaks, the NIH, CDC, and HRSA for three additional CDC’s health communication campaign, Autism Society, the AUCD, all of the years. Total funding for the legislation will be ‘‘Learn the Signs. Act Early,’’ educates par- groups, for the work that they have at the fiscal year 2011 appropriated level of ents, health care professionals, and early done in educating Members. $231 million for each of fiscal years 2012, childhood educators about the importance of And again, thank you Chairman 2013, and 2014. The Reauthorization Act will monitoring a child’s developmental milestones, PITTS for bringing this bill to the floor, authorize appropriations of $22 million for sur- seeking further evaluation where there is a and to ERIC CANTOR for scheduling it veillance; $48 million for education, early de- concern, and seeking early intervention serv- and ensuring that we can act on this in tection, and intervention; and $161 million for ices as soon as possible. a timely way, and again my good friend NIH research and operation of the Interagency The Maternal and Child Health Bureau of on the other side of the aisle, Mr. Autism Coordinating Committee. the Health Resources and Services Adminis- DOYLE, for his leadership. This is not considered ‘‘new’’ money, but tration developed and implemented the Com- Mr. Speaker, I rise today in support of H.R. rather a straight-line reauthorization of total bating Autism Act Initiative, which is con- 2005, the Combating Autism Reauthorization funds for the legislation, in compliance with ducting research on and providing training to Act of 2011. This legislation is critically impor- the ‘‘cut-go’’ requirements of the 112th Con- health professionals in the use of valid, reli- tant to continue without interruption the gress. The Combating Autism Reauthorization able screening and diagnostic tools and in the progress achieved to date in understanding Act also retains sunset and reporting provi- provision of evidence-based interventions for autism and in developing interventions that will sions that ensure appropriate review and ac- children with ASD or another developmental have the greatest impact in helping individuals countability. disability. affected by autism or another developmental H.R. 2005 reauthorizes the Interagency Au- As a result of increased awareness of the disability. tism Coordinating Committee (IACC)—a panel public, of educators, and of health care profes- When I first got elected to Congress in of government and public members, tasked sionals, the median age for diagnosis of au- 1980, the community accepted that autism with coordinating all ASD-related activities tism—which currently is about 4.5 years—ap- prevalence rates in the United States were 3 within HHS, as well as developing and annu- pears to be on the decline. However, it is im- in 10,000. Today, it is estimated to be 1 in ally updating a strategic plan for ASD re- portant to continue our efforts, as there is still 110, and in some places like New Jersey, 1 in search. In order to enhance the quality, effi- on average a 2 year time gap from develop- 94—for a total of 1.5 million individuals in the cacy and applicability of research grants and mental concerns to actual diagnosis, research United States. On May 31 of this year, I to avoid waste and duplication, the IACC has has demonstrated the positive impact of imple- chaired a hearing entitled, ‘‘Global Autism: ‘A crafted 3 strategic research plans in 2009, menting behavioral intervention before age 3, Developmental Disability Pandemic,’ ’’ and my 2010, and 2011. and Applied Behavioral analysis has shown committee received testimony that some 67 For example, in 2009, the strategic plan insignificant improvement for children as young million people suffer from ASD worldwide. cluded 40 research objectives, including the as 18 months.

VerDate Mar 15 2010 01:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K20SE7.036 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6253 In summary, under the Children’s Health Act Mr. Speaker, I first learned about au- Mr. PITTS. Mr. Speaker, I have no and the Combating Autism Act, our scientific tism when I was a young staffer in the other speakers. I urge Members to sup- infrastructure for addressing autism and other Pennsylvania State senate. A gen- port H.R. 2005. I commend, again, CHRIS developmental disorders has developed and tleman by the name of Dan Torisky SMITH and MIKE DOYLE for their leader- we have made major advances in our under- came into our office one day. His son, ship on this issue. standing of ASD. For the first time, we have Eddie, had autism, and he had asked us With that, I yield back the balance of high quality data on prevalence and data to to see what we could do at the State my time. support analysis of causes of autism, and a level to give him and his family some Ms. JACKSON LEE of Texas. Mr. Speaker, clearer picture of promising paths and gaps in help. Eddie was a young man at that I rise today in support of H.R. 2005, the Com- research. Health professionals have a level of time. He’s an adult now. He’s in his bating Autism Reauthorization Act. As a knowledge for greatly improved diagnostics mid-forties. A lot of people’s idea of au- founding Member of the Congressional Chil- and interventions to provide meaningful med- tism I think was from the movie ‘‘Rain dren’s Caucus, I am greatly concerned with ical and behavioral benefits. There is optimism Man.’’ That was about the only thing the impact that autism has on children and that a sustained focus on genetic and environ- they knew about autism. It was some- their families. mental triggers will lead to efficacious treat- thing that people didn’t understand The Centers for Disease Control and Pre- ments and prevention strategies. Importantly, and something that was frequently vention (CDC) estimates that Autism Spectrum the infrastructure and programs are in place to misdiagnosed. Disorders impact an average of 1 in 110 continue our progress. When CHRIS and I decided to form American children, and 1 in 70 boys. We can I want to thank our Speaker BOEHNER and this caucus over 10 years ago, one of all benefit from learning about this disease; Majority Leader CANTOR, as well as Energy the goals that we had was to bring edu- autism occurs in all racial, ethnic, and socio- and Commerce Chairman UPTON, Health Sub- cation and awareness, not only to our economic groups. Continuing research on committee Chairman PITTS for the leadership colleagues, many of whom were not fa- treating this disease is essential for children’s that have shown in moving this legislation for- miliar with the disorder, but also to health. Thousands of children with autism dis- ward. I also would like to thank my friend and the public, and also to bring some at- orders have already shown significant im- autism caucus co-chair, Congressman MIKE tention to the researchers at NIH too, provement and increased independence re- DOYLE, for his work in developing and sup- that there was something much bigger sulting from early detection and new treat- porting this legislation. to this than people realized. It has ments. Currently, there are between 1 and 1.5 mil- Mr. DOYLE. I want to thank my borne fruit over the years. We’ve seen lion Americans living with a form of autism. If friend, CHRIS SMITH, for his important research dollars greatly increased at current diagnostic rates remain the same or words. I hope all Members were listen- NIH. ing carefully because the clock is run- I want to also echo what my friend, increase, more children will be diagnosed with autism this year than AIDS, diabetes and can- ning. CHRIS, said about the parents’ groups. cer combined. Autism is the fastest growing Mr. Speaker, we anticipate maybe This is really the strength of the au- some people coming to the floor to serious developmental disability in the country. tism community. It’s not the Autism speak, so at this time I will reserve the In my home state of Texas, where I represent Caucus. It’s not CHRIS SMITH or MIKE balance of my time. the 18th Congressional District, there are 1 DOYLE. It’s really the parents of these Mr. PITTS. I yield 1 minute to the out of every 163 public students who are eight children that formed the many dif- gentleman from Mississippi (Mr. HAR- years old has a form of autism. ferent groups you see out there. Their PER). As many parents can attest, autism is an Mr. HARPER. Mr. Speaker, I rise grassroots effort really has grown this extremely costly disability; the average annual today in support of the Combating Au- movement, brought attention to it, medical expenditures for individuals with autism Reauthorization Act of 2011, and I given it strength and brought us to tism are between 4 and 6 times greater than want to thank my colleagues, particu- where we are today. those without autism. The Center for Disease We have a clock ticking. This act ex- larly Congressman SMITH, Congress- Control (CDC) places the average lifetime pires at the end of September. I know man DOYLE, and Chairman PITTS, for care cost for an autism patient at 3.2 million their great work on bringing this to there’s some concern over in the Sen- dollars. This legislation provides funding for the forefront today. ate with some of our colleagues about services to assist individuals with autism and Experts estimate that one in every reauthorizing these specific bills. I their families, and allocates vital dollars toward 110 children is diagnosed with autism. hope that all of us will speak to our research to improve care and treatment. As a whole, developmental disabilities colleagues over in the Senate—I cer- The Combating Autism Act of 2006 was a affect an increasing number of young tainly intend to speak to mine—and landmark piece of legislation that raised people, and specifically students. In an stress the importance of continuing the awareness of autism spectrum disorders, and effort to help provide students with ex- great progress that’s been made over organized an aggressive federal response to citing education and enrichment oppor- these past 5 years. This is not a time autism. Reauthorizing this bill continues fund- tunities, I was honored to establish the for us to stop what we’re doing and to ing at current levels, $693 million dollars over Congressional Internship Program for pull support for this very, very impor- 3 years for biomedical and treatment research, Individuals With Intellectual Disabil- tant act. and services for those living with autism and ities in 2010. Last week, 22 congres- I hope that we will pass this swiftly their families. sional offices, Republican and Demo- in the House of Representatives, and I In 2006, the Combating Autism Act estab- cratic, welcomed 11 developmentally hope all of us will use whatever influ- lished the disease as a national health priority, disabled students to their staffs to ence we may have with our colleagues increased awareness, and highlighted the serve as interns for this fall. in the other body to see that they also need for swift and urgent action to address Collecting data for autism spectrum get this reauthorized by the end of the autism. Since that time, promising develop- disorders and other developmental dis- month so that the President can sign it ments and innovations have helped individuals abilities is vital to ensuring that every for all of the families out in America living with autism lead more independent lives. young person with a significant dis- who are dealing with this disorder. Improvements in detection and treatment have ability has the opportunity, the en- With that, Mr. Speaker, I yield back led to increased independence in teenagers couragement, and the support to be- the balance of my time. and adults with autism. come gainfully employed in an inte- GENERAL LEAVE The Combating Autism Reauthorization Act grated setting, pursue a postsecondary Mr. PITTS. Mr. Speaker, I ask unani- is a shining example of how government can education, and contribute to and en- mous consent that all Members may do more than issue Social Security checks gage in meaningful ways in typical have 5 legislative days in which to re- and debate debt reduction. This legislation community settings once they leave vise and extend their remarks and in- clearly demonstrates that our government can high school. This gives these individ- sert extraneous materials in the be a force for good, and a mechanism for uals with autism hope. RECORD. change. New science and new technology I urge my colleagues to support this The SPEAKER pro tempore. Is there have presented an unparalleled moment of legislation. objection to the request of the gen- possibility; this legislation has the power to Mr. DOYLE. I yield myself the bal- tleman from Pennsylvania? make real differences in the lives of those af- ance of my time. There was no objection. fected by autism.

VerDate Mar 15 2010 01:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A20SE7.018 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6254 CONGRESSIONAL RECORD — HOUSE September 20, 2011 Mr. Speaker, we all have constituents living b 1620 Obama administration and the Depart- with autism. We all have constituents whose CHILDREN’S HOSPITAL GME SUP- ment of Health and Human Services child, sibling, cousin, or friend is living with a PORT REAUTHORIZATION ACT OF that this bill is important to ensuring form of autism. This disability affects Ameri- 2011 that children receive adequate health cans of all races and backgrounds, and I urge care. my colleagues to join me in supporting H.R. Mr. PITTS. Mr. Speaker, I move to I would like to thank Mr. PALLONE 2005, the Combating Autism Reauthorization suspend the rules and pass the bill and all the 114 cosponsors that worked Act. (H.R. 1852) to amend the Public Health on this legislation. Service Act to reauthorize support for I urge my colleagues to support this Ms. HIRONO. Mr. Speaker, I rise today in graduate medical education programs strong support of H.R. 2005, the Combating legislation, and I reserve the balance of in children’s hospitals. my time. Autism Reauthorization Act of 2011, a bill im- The Clerk read the title of the bill. portant to many families in Hawaii. Mr. DOYLE. I yield myself such time The text of the bill is as follows: as I may consume. H.R. 2005 reauthorizes the landmark Com- H.R. 1852 Mr. Speaker, I rise in support of the bating Autism Act of 2006, which significantly Be it enacted by the Senate and House of Children’s Hospital Graduate Medical increased both the depth and breadth of the Representatives of the United States of America Education Support Reauthorization federal response to the national and public in Congress assembled, Act, offered by my good friends, Mr. SECTION 1. SHORT TITLE. health emergency posed by autism spectrum PITTS and Mr. PALLONE. I know Mr. disorders (ASD). This Act may be cited as the ‘‘Children’s Hospital GME Support Reauthorization Act PALLONE is on his way to the floor and Since passage of that law, we have made of 2011’’. will be speaking shortly. This critical tremendous strides in federally-funded and di- SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN’S legislation will reauthorize the Chil- rected research. It was the detailed surveil- HOSPITALS THAT OPERATE GRAD- dren’s Hospital Graduate Medical Edu- lance by the federal Centers for Disease Con- UATE MEDICAL EDUCATION PRO- cation program through 2016 to ensure trol under the act that identified the increasing GRAMS. that our children have access to the prevalence of autism: 1 in every 110 American (a) IN GENERAL.—Section 340E of the Public care they need and deserve, and I urge Health Service Act (42 U.S.C. 256e) is amend- children—including 1 in 70 boys—is diagnosed ed— my colleagues to pass this bill with with an ASD, making it the nation’s fastest- (1) in subsection (a), by striking ‘‘through unanimous support. growing, serious developmental disorder. 2005 and each of fiscal years 2007 through The original bipartisan program was I’ve heard from a mother in Kailua on the is- 2011’’ and inserting ‘‘through 2016’’; enacted over a decade ago to provide land of Oahu who credits the 2006 law for pro- (2) in subsection (f)(1)(A)(iv), by striking children’s hospitals across the country viding her family with needed medical atten- ‘‘2011’’ and inserting ‘‘2016’’; and with the Federal support to implement (3) in subsection (f)(2)(D), by striking tion and assistance for their autistic child. H.R. and carry out necessary residency ‘‘2011’’ and inserting ‘‘2016’’. training programs. Last year alone, 2005 builds on our good efforts. (b) REPORT TO CONGRESS.—Section I became a cosponsor of the bill because I 340E(b)(3)(D) of the Public Health Service over 50 children’s hospitals received believe it supports hope and opportunity for a Act (42 U.S.C. 256e(b)(3)(D)) is amended by funding to carry out these training brighter future for families not only in Hawaii striking ‘‘Not later than the end of fiscal programs. Today, over 40 percent of pe- but across our nation. I urge my colleagues to year 2011’’ and inserting ‘‘Not later than the diatricians and pediatric specialists are end of fiscal year 2015’’. join me in voting in support of the H.R. 2005. trained through the Children’s Hospital The SPEAKER pro tempore. Pursu- Graduate Medical Education program. Mr. LOEBSACK. Mr. Speaker, today, one in ant to the rule, the gentleman from This program is vital to maintaining every 110 children is diagnosed with autism Pennsylvania (Mr. PITTS) and the gen- the pediatric workforce and ensuring and 1.5 million individuals in the United States tleman from Pennsylvania (Mr. DOYLE) children’s access to the highest levels are affected by this disorder. The rate of au- each will control 20 minutes. of pediatric care provided in this coun- tism is increasing by at least 10 percent annu- The Chair recognizes the gentleman try. ally, but scientists do not yet know why. That from Pennsylvania (Mr. PITTS). The Children’s Hospital GME pro- is why research into causes and treatments Mr. PITTS. I yield myself such time gram is a critical investment in our for autism is so important. as I may consume. children’s health, and I am proud today That is why I rise today in support of the Mr. Speaker, H.R. 1852, the Children’s that we will vote to reauthorize this Combating Autism Reauthorization Act of Hospital Graduate Medical Education hugely successful program. 2011, which would reauthorize the surveillance Support Reauthorization Act of 2011, With that, Mr. Speaker, I reserve the and research program for autism spectrum would enable the Department of Health balance of my time. disorders and other developmental disabilities and Human Services to continue to Mr. PITTS. I yield such time as he through 2014. The bill would also authorize provide funding to freestanding chil- may consume to the gentleman from programs for education, early detection, and dren’s hospitals to support the training New Jersey (Mr. LANCE), a member of intervention, which will give the families af- of pediatricians and other residents. the subcommittee. fected by this disorder access to the best This funding is critical to ensuring the Mr. LANCE. Mr. Speaker, I rise in available care and help make everyone more adequacy of the pediatric workforce in strong support of H.R. 1852, legislation aware of the impact autism can have on those the United States. to reauthorize the Children’s Hospital diagnosed and their families. The program was first enacted by Graduate Medical Education program. Autism affects the constituents of every sin- Congress in 1999 with wide bipartisan Today’s legislation will assist pedi- gle Member of Congress. In my own district I support and has been reauthorized atric training programs across the have met with families who are affected by au- twice. Since the enactment of the bill, country by maintaining and strength- tism and participated in walks to raise aware- the number of pediatricians trained has ening existing hospital graduate med- ness of this disorder. I urge my colleagues to increased by 35 percent. ical education programs for children. support bipartisan passage of this important The week we marked up this bill, I Independent children’s hospitals have legislation. met 10-year-old Anna Lipsman. Anna is an indispensable role in the children’s a bright, outgoing young girl who is health workforce, training 40 percent The SPEAKER pro tempore. The fighting leukemia. Diagnosed just a of all pediatric residents and 43 percent question is on the motion offered by few months ago, Anna spent 2 weeks of pediatric specialty fellows, and pro- the gentleman from Pennsylvania (Mr. undergoing treatment at the Children’s viding pediatric training for many PITTS) that the House suspend the Hospital of Philadelphia. She is suc- other residents. Nowhere is this more rules and pass the bill, H.R. 2005. cessfully fighting her disease, but will evident than Children’s Specialized The question was taken; and (two- still need additional treatments over Hospital in Mountainside, New Jersey, thirds being in the affirmative) the the next 21⁄2 years. Anna is a strong, in the district I have the honor of serv- rules were suspended and the bill was personal reminder of why I introduced ing. Under the strong leadership of my passed. this bill. friend, Amy Mansue, the staff does an A motion to reconsider was laid on With the reauthorization of H.R. 1852, excellent job training and caring for the table. we hope to send a clear message to the children and making sure that highly

VerDate Mar 15 2010 01:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.014 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6255 qualified, effective medical personnel marginal cost. For this fiscal year, the program b 1830 exist. has spent .0085 percent of the federal budget. I thank Health Subcommittee Chair- This small expenditure allows children’s hos- AFTER RECESS man PITTS for his tremendous work in pitals to train more than 5,600 full-time equiva- The recess having expired, the House this effort, as well as Ranking Member lent residents—more than one third of our na- was called to order by the Speaker pro PALLONE. And I thank them for work- tion’s pediatricians. tempore (Mr. WESTMORELAND) at 6 ing in a bipartisan capacity to bring According to the Association of American o’clock and 30 minutes p.m. this legislation to the floor. I am hon- Medical Colleges, the nation could face a f ored to serve on Chairman PITTS’ sub- shortage of as many as 150,000 doctors in the committee, and I am pleased that the next 15 years. The funds generated from this ANNOUNCEMENT BY THE SPEAKER full Energy and Commerce Committee legislation will help train the medical profes- PRO TEMPORE has agreed with what we have tried to sionals we desperately need. In a time when The SPEAKER pro tempore. Pursu- accomplish in the subcommittee. there are growing health disparities within our ant to clause 8 of rule XX, proceedings I urge all of my colleagues here in nation. It is important to address the needs of the House of Representatives to sup- will resume on motions to suspend the underserved urban areas. The more medicinal rules previously postponed. Votes will port H.R. 1852. It is essential that this professionals we train there is an increase program be reauthorized. be taken in the following order: likelihood that these underserved communities H.R. 2944, de novo; Mr. DOYLE. Mr. Speaker, it appears will have access to proper medical care. the gentleman from New Jersey (Mr. H.R. 2189, de novo; The program supports 56 hospitals nation- H.R. 2646, by the yeas and nays. PALLONE) is not here yet. His flight was wide and trains more than 5,000 medical resi- late getting in. The first electronic vote will be con- dents each year. It started 12 years ago as an ducted as a 15-minute vote. Remaining Therefore, I have no requests for effort to provide children’s hospitals with fund- time, and I yield back the balance of electronic votes will be conducted as 5- ing for residencies and fellowships. There are minute votes. my time. other federal programs to assist residency GENERAL LEAVE funding exist; however, the CHGME program f Mr. PITTS. Mr. Speaker, I ask unani- caters to pediatrics, while others are open to UNITED STATES PAROLE COMMIS- mous consent that all Members may all teaching hospitals. SION EXTENSION ACT OF 2011 have 5 legislative days in which to re- This funding is vital as it will help to cover vise and extend their remarks and in- the cost of 5,600 pediatric residencies at more The SPEAKER pro tempore. The un- sert extraneous materials into the than 50 children’s hospitals across the United finished business is the question on RECORD. States. Forty percent of the nation’s pediatri- suspending the rules and passing the The SPEAKER pro tempore. Is there cians and 43 percent of pediatric subspecial- bill (H.R. 2944) to provide for the con- objection to the request of the gen- ists receive training from the program. We tinued performance of the functions of tleman from Pennsylvania? must train the very professionals who will one the United States Parole Commission, There was no objection. day save the life of a child. and for other purposes. Mr. PITTS. In conclusion, I would The CHGME pays for the salaries of med- The Clerk read the title of the bill. like to thank the ranking member of ical students and compensate hospitals for pa- The SPEAKER pro tempore. The the subcommittee, Mr. PALLONE, for tient care costs that are often higher in teach- question is on the motion offered by his leadership on this issue. It has been ing hospitals than non-teaching hospitals. We the gentleman from Texas (Mr. SMITH) a bipartisan effort on the Health Sub- should provide the funds necessary to train that the House suspend the rules and committee and Energy and Commerce students in a profession that will benefit soci- pass the bill. Committee. ety. The question was taken. I urge all Members to support the I support this legislation because it will in- The SPEAKER pro tempore. In the Children’s Hospital Graduate Edu- crease the quality of medical training in the opinion of the Chair, two-thirds being cation Support Reauthorization Act, United States. I believe that H.R. 1852 im- in the affirmative, the ayes have it. and I yield back the balance of my proves upon a system that sets the bar for Mr. POSEY. Mr. Speaker, on that I time. medical care internationally. Through govern- demand the yeas and nays. Ms. JACKSON LEE of Texas. Mr. Speaker, ment funding, the program has succeeded in The yeas and nays were ordered. I rise today in support of H.R. 1852, ‘‘The Chil- bolstering research potential at these institu- The vote was taken by electronic de- dren’s Hospital GME Support Reauthorization tions as well as helping to cure a problem that vice, and there were—yeas 415, nays 0, Act of 2011,’’ would amend the Public Health supersedes political boundaries: children’s ill- not voting 18, as follows: Service Act to reauthorize payments to chil- ness. This bill creates positive effects that [Roll No. 712] dren’s hospitals operating training programs cross party lines, and I urge my distinguished YEAS—415 that provide graduate medical education. colleagues to vote a resounding and unified Ackerman Blumenauer Chabot These payments would be made to hospitals ‘‘yes.’’ Adams Bonner Chaffetz for both direct and indirect costs related to The SPEAKER pro tempore. The Aderholt Bono Mack Chandler graduate medical education. question is on the motion offered by Akin Boren Chu Americans across our nation need care, and Alexander Boswell Cicilline the gentleman from Pennsylvania (Mr. Altmire Boustany Clarke (MI) the Children’s Hospital GME (CHGME) pro- PITTS) that the House suspend the Amash Brady (PA) Clarke (NY) gram has been utilized by hospitals across our rules and pass the bill, H.R. 1852. Amodei Brady (TX) Clay Andrews Braley (IA) Cleaver country to train doctors who can provide that The question was taken; and (two- care. I represent the 18th District which is Austria Brooks Clyburn thirds being in the affirmative) the Bachus Broun (GA) Coble home to the Methodist Hospital System, one rules were suspended and the bill was Baldwin Brown (FL) Coffman (CO) of the largest medical institutions in the world. passed. Barletta Buchanan Cohen In 2010, the Methodist Hospital System grad- Barrow Bucshon Cole A motion to reconsider was laid on Bartlett Burgess Conaway uated sixty-nine doctors from the resident the table. Barton (TX) Burton (IN) Connolly (VA) CHGME program. That is 69 additional doc- Bass (CA) Butterfield Conyers tors who will meet our growing health care Bass (NH) Calvert Cooper f Becerra Camp Costa needs. H.R. 1852 will allow Houston to con- Benishek Campbell Costello tinue to recruit and train so many talented RECESS Berg Canseco Courtney doctors. Berkley Cantor Cravaack Overall, freestanding children’s hospitals The SPEAKER pro tempore. Pursu- Berman Capito Crawford Biggert Capps Crenshaw have increased their medical resident training ant to clause 12(a) of rule I, the Chair Bilbray Capuano Critz programs by 35 percent since 1999. If declares the House in recess until ap- Bilirakis Cardoza Crowley CHGME is allowed to expire we will lose the proximately 6:30 p.m. today. Bishop (GA) Carney Cuellar gains we have made in this field. There is no Accordingly (at 4 o’clock and 27 min- Bishop (NY) Carson (IN) Culberson Bishop (UT) Carter Cummings reasonable argument for allowing this program utes p.m.), the House stood in recess Black Cassidy Davis (CA) to expire as it provides a great benefit at a until approximately 6:30 p.m. Blackburn Castor (FL) Davis (IL)

VerDate Mar 15 2010 01:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.032 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6256 CONGRESSIONAL RECORD — HOUSE September 20, 2011 Davis (KY) Jackson (IL) Pallone Turner (OH) Waters Wolf Crawford Inslee Pastor (AZ) DeFazio Jackson Lee Pascrell Upton Watt Womack Crenshaw Israel Paulsen DeGette (TX) Pastor (AZ) Van Hollen Waxman Woodall Critz Issa Payne DeLauro Jenkins Paulsen Vela´ zquez Webster Woolsey Crowley Jackson (IL) Pelosi Denham Johnson (GA) Payne Visclosky Welch Yarmuth Cuellar Jackson Lee Pence Dent Johnson (IL) Pearce Walberg West Yoder Culberson (TX) Perlmutter DesJarlais Johnson (OH) Pence Walden Westmoreland Young (AK) Cummings Jenkins Peters Deutch Johnson, E. B. Perlmutter Walsh (IL) Whitfield Young (IN) Davis (CA) Johnson (GA) Peterson Diaz-Balart Johnson, Sam Peters Walz (MN) Wilson (FL) Davis (IL) Johnson (IL) Petri Dicks Jones Peterson Wasserman Wilson (SC) Davis (KY) Johnson (OH) Pingree (ME) Dingell Jordan Petri Schultz Wittman DeFazio Johnson, E. B. Pitts Doggett Kaptur Pingree (ME) DeGette Johnson, Sam Platts NOT VOTING—18 Dold Keating Pitts DeLauro Jones Polis Donnelly (IN) Kelly Platts Baca Lewis (GA) Rohrabacher Denham Jordan Pompeo Doyle Kildee Poe (TX) Bachmann McGovern Ryan (OH) Dent Kaptur Posey Dreier Kind Polis Buerkle Paul Ryan (WI) DesJarlais Keating Price (GA) Duffy King (IA) Pompeo Carnahan Pelosi Schrader Deutch Kelly Price (NC) Duncan (SC) King (NY) Posey Giffords Quayle Smith (NJ) Diaz-Balart Kildee Quigley Duncan (TN) Kingston Price (GA) Gutierrez Reichert Young (FL) Dicks Kind Rahall Edwards Kinzinger (IL) Price (NC) Dingell King (IA) Rangel Ellison Kissell Quigley b 1854 Doggett King (NY) Reed Ellmers Kline Rahall Dold Kinzinger (IL) Rehberg Emerson Kucinich Rangel So (two-thirds being in the affirma- Donnelly (IN) Kissell Renacci Engel Labrador Reed tive) the rules were suspended and the Doyle Kline Reyes Eshoo Lamborn Rehberg bill was passed. Dreier Kucinich Ribble Farenthold Lance Renacci The result of the vote was announced Duffy Lamborn Richardson Farr Landry Reyes Edwards Lance Richmond Fattah Langevin Ribble as above recorded. Ellison Langevin Rigell Filner Lankford Richardson A motion to reconsider was laid on Ellmers Lankford Rivera Fincher Larsen (WA) Richmond the table. Emerson Larsen (WA) Roby Fitzpatrick Larson (CT) Rigell Engel Larson (CT) Roe (TN) Flake Latham Rivera f Eshoo Latham Rogers (AL) Fleischmann LaTourette Roby Farenthold LaTourette Rogers (KY) Fleming Latta Roe (TN) DEATH IN CUSTODY REPORTING Farr Latta Rogers (MI) Flores Lee (CA) Rogers (AL) ACT OF 2011 Fattah Lee (CA) Rokita Forbes Levin Rogers (KY) Filner Levin Rooney Fortenberry Lewis (CA) Rogers (MI) The SPEAKER pro tempore. The un- Fincher Lewis (CA) Ros-Lehtinen Foxx Lipinski Rokita finished business is the question on Fitzpatrick Lipinski Roskam Frank (MA) LoBiondo Rooney suspending the rules and passing the Fleischmann LoBiondo Ross (AR) Franks (AZ) Loebsack Ros-Lehtinen Fleming Loebsack Ross (FL) Frelinghuysen Lofgren, Zoe Roskam bill (H.R. 2189) to encourage States to Flores Lofgren, Zoe Rothman (NJ) Fudge Long Ross (AR) report to the Attorney General certain Forbes Long Roybal-Allard Gallegly Lowey Ross (FL) information regarding the deaths of in- Fortenberry Lowey Royce Garamendi Lucas Rothman (NJ) dividuals in the custody of law enforce- Foxx Lucas Runyan Gardner Luetkemeyer Roybal-Allard Frank (MA) Luetkemeyer Ruppersberger Garrett Luja´ n Royce ment agencies, and for other purposes. Franks (AZ) Luja´ n Rush Gerlach Lummis Runyan The Clerk read the title of the bill. Frelinghuysen Lummis Ryan (OH) Gibbs Lungren, Daniel Ruppersberger The SPEAKER pro tempore. The Fudge Lungren, Daniel Sa´ nchez, Linda Gibson E. Rush question is on the motion offered by Gallegly E. T. Gingrey (GA) Lynch Sa´ nchez, Linda Garamendi Lynch Sanchez, Loretta Gohmert Mack T. the gentleman from Texas (Mr. SMITH) Gardner Mack Sarbanes Gonzalez Maloney Sanchez, Loretta that the House suspend the rules and Garrett Maloney Scalise Goodlatte Manzullo Sarbanes pass the bill. Gerlach Manzullo Schakowsky Gosar Marchant Scalise Gibbs Marino Schiff Gowdy Marino Schakowsky The question was taken. Gibson Matheson Schilling Granger Markey Schiff The SPEAKER pro tempore. In the Gingrey (GA) Matsui Schmidt Graves (GA) Matheson Schilling opinion of the Chair, two-thirds being Gonzalez McCarthy (CA) Schock Graves (MO) Matsui Schmidt in the affirmative, the ayes have it. Goodlatte McCarthy (NY) Schwartz Green, Al McCarthy (CA) Schock Gosar McCaul Schweikert Green, Gene McCarthy (NY) Schwartz Mr. SMITH of Nebraska. Mr. Speak- Gowdy McClintock Scott (SC) Griffin (AR) McCaul Schweikert er, on that I demand the yeas and nays. Granger McCollum Scott (VA) Griffith (VA) McClintock Scott (SC) The yeas and nays were ordered. Graves (MO) McCotter Scott, Austin Grijalva McCollum Scott (VA) Green, Al McDermott Scott, David Grimm McCotter Scott, Austin The SPEAKER pro tempore. This is a Green, Gene McHenry Sensenbrenner Guinta McDermott Scott, David 5-minute vote. Griffin (AR) McIntyre Serrano Guthrie McHenry Sensenbrenner The vote was taken by electronic de- Griffith (VA) McKeon Sessions Hahn McIntyre Serrano vice, and there were—yeas 398, nays 18, Grijalva McKinley Sewell Hall McKeon Sessions Grimm McMorris Sherman Hanabusa McKinley Sewell not voting 17, as follows: Guinta Rodgers Shimkus Hanna McMorris Sherman [Roll No. 713] Guthrie McNerney Shuler Harper Rodgers Shimkus Hahn Meehan Shuster Harris McNerney Shuler YEAS—398 Hall Meeks Simpson Hartzler Meehan Shuster Ackerman Bishop (UT) Carney Hanabusa Mica Sires Hastings (FL) Meeks Simpson Adams Blackburn Carson (IN) Hanna Michaud Slaughter Hastings (WA) Mica Sires Aderholt Blumenauer Carter Harper Miller (FL) Smith (NE) Hayworth Michaud Slaughter Akin Bonner Cassidy Hartzler Miller (MI) Smith (NJ) Heck Miller (FL) Smith (NE) Alexander Bono Mack Castor (FL) Hastings (FL) Miller (NC) Smith (TX) Heinrich Miller (MI) Smith (TX) Altmire Boren Chabot Hastings (WA) Miller, Gary Smith (WA) Hensarling Miller (NC) Smith (WA) Amodei Boswell Chaffetz Hayworth Miller, George Southerland Herger Miller, Gary Southerland Andrews Boustany Chandler Heck Moore Speier Herrera Beutler Miller, George Speier Austria Brady (PA) Chu Heinrich Moran Stark Higgins Moore Stark Bachus Brady (TX) Cicilline Hensarling Mulvaney Stearns Himes Moran Stearns Baldwin Braley (IA) Clarke (MI) Herger Murphy (CT) Stivers Hinchey Mulvaney Stivers Barletta Brooks Clarke (NY) Herrera Beutler Murphy (PA) Sullivan Hinojosa Murphy (CT) Stutzman Barrow Brown (FL) Clay Higgins Myrick Sutton Hirono Murphy (PA) Sullivan Bartlett Buchanan Cleaver Himes Nadler Terry Hochul Myrick Sutton Barton (TX) Bucshon Clyburn Hinchey Napolitano Thompson (CA) Holden Nadler Terry Bass (CA) Burgess Coble Hinojosa Neal Thompson (MS) Holt Napolitano Thompson (CA) Bass (NH) Burton (IN) Coffman (CO) Hirono Neugebauer Thompson (PA) Honda Neal Thompson (MS) Becerra Butterfield Cohen Hochul Noem Thornberry Hoyer Neugebauer Thompson (PA) Benishek Calvert Cole Holden Nugent Tiberi Huelskamp Noem Thornberry Berg Camp Conaway Holt Nunes Tierney Huizenga (MI) Nugent Tiberi Berkley Campbell Connolly (VA) Honda Nunnelee Tipton Hultgren Nunes Tierney Berman Canseco Conyers Hoyer Olson Tonko Hunter Nunnelee Tipton Biggert Cantor Cooper Huelskamp Olver Towns Hurt Olson Tonko Bilbray Capito Costa Huizenga (MI) Owens Tsongas Inslee Olver Towns Bilirakis Capps Costello Hultgren Palazzo Turner (NY) Israel Owens Tsongas Bishop (GA) Capuano Courtney Hunter Pallone Turner (OH) Issa Palazzo Turner (NY) Bishop (NY) Cardoza Cravaack Hurt Pascrell Upton

VerDate Mar 15 2010 01:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.009 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6257 Van Hollen Watt Wolf Camp Granger McCarthy (CA) Schmidt Speier Walberg Vela´ zquez Waxman Womack Campbell Graves (GA) McCarthy (NY) Schock Stark Walden Visclosky Webster Woolsey Canseco Graves (MO) McCaul Schwartz Stearns Walsh (IL) Walberg Welch Yarmuth Cantor Green, Al McClintock Schweikert Stivers Walz (MN) Walden West Yoder Capito Green, Gene McCollum Scott (SC) Stutzman Wasserman Walz (MN) Whitfield Young (AK) Capps Griffin (AR) McCotter Scott (VA) Sullivan Schultz Wasserman Wilson (FL) Young (IN) Capuano Griffith (VA) McDermott Scott, Austin Sutton Waters Schultz Wilson (SC) Cardoza Grijalva McHenry Scott, David Terry Watt Waters Wittman Carney Grimm McIntyre Sensenbrenner Thompson (CA) Waxman Carson (IN) Guinta McKeon Serrano Thompson (MS) Webster NAYS—18 Carter Guthrie McKinley Sessions Thompson (PA) Welch Amash Graves (GA) Pearce Cassidy Hahn McMorris Sewell Thornberry West Broun (GA) Harris Poe (TX) Castor (FL) Hall Rodgers Sherman Tiberi Westmoreland Duncan (SC) Kingston Stutzman Chabot Hanabusa McNerney Shimkus Tierney Whitfield Duncan (TN) Labrador Walsh (IL) Chaffetz Hanna Meehan Shuler Tipton Wilson (FL) Flake Landry Westmoreland Chandler Harper Meeks Shuster Tonko Wittman Gohmert Marchant Woodall Chu Harris Mica Simpson Towns Wolf Cicilline Hartzler Michaud Sires Tsongas Womack NOT VOTING—17 Clarke (MI) Hastings (FL) Miller (FL) Slaughter Turner (NY) Woodall Baca Gutierrez Reichert Clarke (NY) Hastings (WA) Miller (MI) Smith (NE) Turner (OH) Woolsey Bachmann Lewis (GA) Rohrabacher Clay Hayworth Miller (NC) Smith (NJ) Upton Yarmuth Black Markey Ryan (WI) Cleaver Heck Miller, Gary Smith (TX) Van Hollen Yoder Smith (WA) Vela´ zquez Young (AK) Buerkle McGovern Schrader Clyburn Heinrich Miller, George Southerland Visclosky Young (IN) Carnahan Paul Young (FL) Coble Hensarling Moore Giffords Quayle Coffman (CO) Herger Moran NAYS—3 Cohen Herrera Beutler Murphy (CT) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cole Higgins Murphy (PA) Lummis Mulvaney Wilson (SC) The SPEAKER pro tempore (during Conaway Himes Myrick NOT VOTING—18 the vote). Two minutes remain in the Connolly (VA) Hinchey Nadler Conyers Hinojosa Napolitano Baca Gutierrez Quayle vote. Cooper Hirono Neal Bachmann Hurt Reichert Costa Hochul Neugebauer Black Lewis (GA) Rohrabacher b 1903 Costello Holden Noem Buerkle Markey Ryan (WI) Messrs. POE of Texas, WESTMORE- Courtney Holt Nugent Carnahan McGovern Schrader Cravaack Honda Nunes Giffords Paul Young (FL) LAND, and KINGSTON changed their Crawford Hoyer Nunnelee ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE vote from ‘‘yea’’ to ‘‘nay.’’ Crenshaw Huelskamp Olson So (two-thirds being in the affirma- Critz Huizenga (MI) Olver The SPEAKER pro tempore (during tive) the rules were suspended and the Crowley Hultgren Owens the vote). Two minutes remain in this Cuellar Hunter Palazzo vote. bill was passed. Culberson Inslee Pallone The result of the vote was announced Cummings Israel Pascrell b 1910 as above recorded. Davis (CA) Issa Pastor (AZ) So (two-thirds being in the affirma- A motion to reconsider was laid on Davis (IL) Jackson (IL) Paulsen Davis (KY) Jackson Lee Payne tive) the rules were suspended and the the table. DeFazio (TX) Pearce bill, as amended, was passed. DeGette Jenkins Pelosi f DeLauro Johnson (GA) Pence The result of the vote was announced Denham Johnson (IL) Perlmutter as above recorded. VETERANS HEALTH CARE FACILI- Dent Johnson (OH) Peters A motion to reconsider was laid on TIES CAPITAL IMPROVEMENT DesJarlais Johnson, E. B. Peterson the table. ACT OF 2011 Deutch Johnson, Sam Petri Diaz-Balart Jones Pingree (ME) f The SPEAKER pro tempore. The un- Dicks Jordan Pitts finished business is the vote on the mo- Dingell Kaptur Platts HONORING THE LIFE OF ERNEST Doggett Keating Poe (TX) HOUSE, SR. tion to suspend the rules and pass the Dold Kelly Polis bill (H.R. 2646) to authorize certain De- Donnelly (IN) Kildee Pompeo (Mr. TIPTON asked and was given partment of Veterans Affairs major Doyle Kind Posey permission to address the House for 1 medical facility projects and leases, to Dreier King (IA) Price (GA) minute.) Duffy King (NY) Price (NC) extend certain expiring provisions of Duncan (SC) Kingston Quigley Mr. TIPTON. Madam Speaker, I rise law, and to modify certain authorities Duncan (TN) Kinzinger (IL) Rahall today to honor the former Ute Moun- of the Secretary of Veterans Affairs, Edwards Kissell Rangel tain Ute tribal leader from the Ellison Kline Reed and for other purposes, as amended, on Ellmers Kucinich Rehberg Weeminuche Tribe, Ernest House, Sr. which the yeas and nays were ordered. Emerson Labrador Renacci Over the past 30 years, his influence, The Clerk read the title of the bill. Engel Lamborn Reyes dedication, and leadership to the Ute The SPEAKER pro tempore. The Eshoo Lance Ribble Mountain Ute Tribe has grown the Farenthold Landry Richardson question is on the motion offered by Farr Langevin Richmond tribe’s influence in the State of Colo- the gentleman from Ohio (Mr. JOHN- Fattah Lankford Rigell rado and in the United States. SON) that the House suspend the rules Filner Larsen (WA) Rivera Mr. House is the grandson of the Ute Fincher Larson (CT) Roby and pass the bill, as amended. Fitzpatrick Latham Roe (TN) Mountain Ute Tribe’s last hereditary This is a 5-minute vote. Flake LaTourette Rogers (AL) chief, Chief Jack House. In the last The vote was taken by electronic de- Fleischmann Latta Rogers (KY) years of Chief Jack House’s life, Mr. vice, and there were—yeas 412, nays 3, Fleming Lee (CA) Rogers (MI) Ernest House, Sr., cared for him, learn- Flores Levin Rokita not voting 18, as follows: Forbes Lewis (CA) Rooney ing much about the tribe’s history and [Roll No. 714] Fortenberry Lipinski Ros-Lehtinen potential for future plans. Foxx LoBiondo Roskam Mr. House was first elected to the YEAS—412 Frank (MA) Loebsack Ross (AR) Ackerman Bass (CA) Bono Mack Franks (AZ) Lofgren, Zoe Ross (FL) Ute Mountain Tribal Council in 1979. Adams Bass (NH) Boren Frelinghuysen Long Rothman (NJ) Three years later, Mr. House became Aderholt Becerra Boswell Fudge Lowey Roybal-Allard chairman for the first time, beginning Akin Benishek Boustany Gallegly Lucas Royce the first of his four nonconsecutive 4- Alexander Berg Brady (PA) Garamendi Luetkemeyer Runyan Altmire Berkley Brady (TX) Gardner Luja´ n Ruppersberger year terms as chairman of the Ute Amash Berman Braley (IA) Garrett Lungren, Daniel Rush Mountain Tribe, his last term ending Amodei Biggert Brooks Gerlach E. Ryan (OH) in 2010. Andrews Bilbray Broun (GA) Gibbs Lynch Sa´ nchez, Linda Austria Bilirakis Brown (FL) Gibson Mack T. As chairman, Mr. House helped the Bachus Bishop (GA) Buchanan Gingrey (GA) Maloney Sanchez, Loretta Ute Tribe accomplish several projects Baldwin Bishop (NY) Bucshon Gohmert Manzullo Sarbanes that widened the tribe’s economic and Barletta Bishop (UT) Burgess Gonzalez Marchant Scalise natural resource development. Between Barrow Blackburn Burton (IN) Goodlatte Marino Schakowsky Bartlett Blumenauer Butterfield Gosar Matheson Schiff 1986 and 1988, Mr. House worked to Barton (TX) Bonner Calvert Gowdy Matsui Schilling complete two major water compacts to

VerDate Mar 15 2010 02:08 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A20SE7.012 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6258 CONGRESSIONAL RECORD — HOUSE September 20, 2011 provide water throughout the Ute ter- that, in America, the land of oppor- Mr. PAULSEN. Madam Speaker, ritories. In addition, Mr. House tunity, if I worked hard every day I 48,000 Americans a year walk out of oversaw several building projects, in- could make a difference for myself and their doctor’s office with the news that cluding a tribal health center and ca- my family. they have pulmonary fibrosis, joining sino. In his last term as chairman, Mr. This month gives us the opportunity the nearly 200,000 Americans already House, Sr., focused primarily on tribal to celebrate Americans of Hispanic an- afflicted with this little understood safety, widening the tribe’s police force cestry because they believe in the killer. There is no known cure for this from 2 officers to more than 12 officers. American Dream and have made a dif- lethal lung disease, which takes the On Saturday, September 17, 2011, Mr. ference in their lives and in America by life of an American on average every 13 House was tragically taken from us chasing this dream. seconds, more than 40,000 individuals after a motorcycle accident outside of Just as my parents taught me, I be- annually, roughly the same number as Cortez, Colorado. lieve that individual freedom and lib- those afflicted with breast cancer. Madam Speaker, it is an honor and a erty will lead us to a future of eco- This week is National Pulmonary Fi- privilege to recognize Mr. Ernest nomic and social prosperity. Our busi- brosis Awareness Week, and I ask my House, Sr. His leadership and dedica- nesses will grow, our economy will colleagues to join me in cosponsoring tion to the Ute Tribe has benefited prosper, and America will continue to the Pulmonary Fibrosis Research En- thousands, and he will be greatly thrive. hancement Act. This bipartisan legisla- missed by the Ute Tribe and the State Hispanics understand the vitality of tion will create a national registry, en- of Colorado. small businesses as the single fastest- courage Federal research at the Na- f growing segment of small businesses in tional Institutes of Health, and also this country, generating almost $400 create a national action plan so that PASS THE JOBS BILL billion in annual revenue. I believe we can better understand this deadly (Ms. JACKSON LEE of Texas asked that Hispanics will continue to play a disease and one day discover an effec- and was given permission to address vital role in the American economy tive treatment. the House for 1 minute.) and society, and that their contribu- Madam Speaker, this effort is really Ms. JACKSON LEE of Texas. Madam tions will only continue to grow. critical to giving hope to the hundreds Speaker, I rise on behalf of the 64 per- f of thousands of people who live with cent of Americans—and growing—who b 1920 this debilitating disease. say, ‘‘Pass the jobs bill.’’ f I rise on behalf of those who have SMALL BUSINESS IS BIGGEST sought to get work time and time ENGINE FOR JOB CREATION HONORING SENATOR CHARLES PERCY again. I rise on behalf of the citizens of (Ms. KAPTUR asked and was given the State of Texas, for the 8.3 percent— permission to address the House for 1 (Mr. DOLD asked and was given per- and growing—unemployed individuals minute.) mission to address the House for 1 in our own State, which has been rep- Ms. KAPTUR. Madam Speaker, lis- minute and to revise and extend his re- resented to be a State that has no un- tening to the prior Member talk about marks.) employment. We are resilient, yes. But small business, I have to say I agree Mr. DOLD. Madam Speaker, I rise in working with the United States, it is that small business is the biggest en- today to remember Senator Charles important to note that we must do gine for job creation in this country. Percy, who passed away just this last something to restore the opportunities It was such a pleasure today to join week at the age of 91. Senator Percy for people to work and to restore Vice President JOE BIDEN at Wrap-Tite, served the great State of Illinois for 18 human dignity. Inc., in Solon, Ohio, and to see the role years. His leadership was recognized by As the President said, we should have that government must play when the his colleagues, and he went on to chair one purpose in this House. It should be market isn’t fully functioning and the Senate Foreign Relations Com- to work for the American people. We when the banks aren’t fully lending, mittee. He was also beloved by his con- can balance this budget, we can reduce and to see the Small Business Adminis- stituents for his efforts to provide the deficit, but we really can put peo- tration’s 504 loan guarantee program at home ownership to low-income families ple to work: firefighters and teachers work creating jobs at this wonderful, and his work to eliminate corruption and police officers. We can invest in wonderful company that now has mil- in judicial selection in Chicago and en- this economy, we can provide edu- lions and millions of dollars in sales. suring that all judicial nominations cation, and we can put Americans back When the regular banks weren’t were done through a strict advisory to work. working, it was the SBA, Small Busi- process. Let’s not make ourselves number ness Administration, that we support, I am honored to say that Senator one. Let’s make the American people some of us support, that was able to Percy is from the 10th District. He is number one. Pass the jobs bill now. draw on the capital that made possible also a graduate of New Trier High f the investment for expansion, and they School, as am I. In fact, I remember delivering literature as a child for Sen- HISPANIC HERITAGE MONTH have hired five more people. Imagine if there were 30,000 more ator Percy. (Mr. CANSECO asked and was given companies in America that could do Senator Percy’s legacy will remain in permission to address the House for 1 that, with the changes in the Jobs Act the hearts and minds of the people of minute.) that the President is proposing, in Illinois. Always fighting for justice and Mr. CANSECO. Madam Speaker, I order to reduce payroll taxes on indi- those without a voice, he is truly going rise today in honor of the 25th Annual viduals, as well as businesses and the to be missed. My thoughts and prayers Hispanic Heritage Month. other incentives for small business cre- are with his family today. America is a Nation of immigrants, ation, we can really help lift this econ- f and each immigrant group has added to omy when she can’t lift herself alone. HISPANIC HERITAGE MONTH the richness that is American culture. It was a pleasure to be there today. Hispanics are no different and are an I congratulate Wrap-Tite and want to (Mr. RIVERA asked and was given important chapter in the story of say it was great to celebrate that pa- permission to address the House for 1 America. triotic spirit of making the market minute.) My parents came to this country work. Mr. RIVERA. Madam Speaker, it is from Mexico, seeking the American f with a great sense of honor and pride Dream. They instilled in me the belief that I join Congressman CANSECO and that with hard work and dedication, PULMONARY FIBROSIS my fellow Hispanic American Members one could create a better future. This AWARENESS WEEK of Congress in recognizing Hispanic is one of the great common denomina- (Mr. PAULSEN asked and was given Heritage Month. tors of the immigrant experience in permission to address the House for 1 Hispanic Heritage Month provides us America. They raised me to believe minute.) with the opportunity to acknowledge

VerDate Mar 15 2010 02:08 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.043 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6259 the enormously positive contributions intelligence and drive and arranged for him to those compact relationships, benefiting both of Hispanic Americans to this diverse attend St. Jude Intermediate Catholic School the Freely Associated States governments and Nation of ours. Hispanic Americans are in Sinajana on Guam under the sponsorship of businesses in Micronesia. some of the most patriotic and hard- tire Capuchin Fathers in Agana Heights. Leo He has contributed to development on his working people that America has ever completed his education on Guam at George home island, as well. In 1990, Mr. Tudela was known. Whether serving in the mili- Washington High School, serving as editor in very instrumental in building a new post office tary or creating jobs, the Hispanic chief of the yearbook and graduating in 1962 in his birth village of Chalan Kanoa. Land was community is the embodiment of the with honors. at a premium on the islands at that time and American Dream and the embodiment Mr. Borja’s education was interrupted by the the Northern Marianas government asked for of American values, faith in God, devo- draft—he served in the U.S. Army for three three million dollars for the property needed tion to family and love of country, years, earning a Soldier of the Month Award for the new facility. Mr. Tudela, through his which is precisely why Hispanic Herit- and Good Conduct Medal before being honor- personal perseverance, worked with the local age Month is an entirely appropriate ably discharged. But after this military service, government, even having local legislation en- time to commend the Hispanic Amer- Mr. Tudela immediately returned to his edu- acted, which resulted in the land being leased ican community for enriching the di- cation. He first entered the Junior College of to the Postal Service for just one dollar per verse fiber of this great Nation. San Mateo, California, then moved to Cali- year for 40 years, with an option for another f fornia State University at Hayward, California. 40 years truly an example of good financial This is also when he began to work for the management at the Postal Service. With the A TRIBUTE TO LEO BORJA U.S. Postal Service, which would become his land issue overcome, Mr. Tudela then took TUDELA life-long career. He took up a part-time posi- personal interest in overseeing the design and (Mr. SABLAN asked and was given tion as a postal assistant in South San Fran- construction of the new post office in ‘‘C.K.,’’ permission to address the House for 1 cisco, and later moved to full-time, though still which the community much enjoys to this day. minute and to revise and extend his rein school. Mr. Borja worked the graveyard Certainly another point of pride for Mr. marks.) shift, eight hours each night, then went to his Tudela has been the opportunity to participate Mr. SABLAN. Madam Speaker, college classes in the morning. Afternoons in dedication of special issue stamps com- today, as we struggle with the future of and evenings were devoted to studies and a memorating his home. In 1993, Mr. Tudela the United States Postal Service, I little rest. Then at eleven o’clock at night it was there to dedicate the Northern Mariana Is- want to pay tribute to one of the many was back to the post office to move the mail. lands stamp issued by the U.S. Postal Serv- dedicated individuals who has kept the Mr. Borja maintained this grueling schedule ice. And just last month, on August 12, he mail on its way to our homes and busi- throughout the time it took to earn first his dedicated the Northern Mariana Islands stamp nesses in this Nation for almost five bachelor’s degree and then a master’s—grad- that is part of the Flags of Our Nation series. decades. uating with honors in both degrees. Although this well-deserved tribute is for Mr. Mr. Leo Borja Tudela was born in the Now Mr. Borja’s postal career began in ear- Leo Borja Tudela, it is my hope that calling at- village of Garapan in the Northern nest. He was promoted to management and tention to his life, which began so humbly but Mariana Islands in 1943. His mother, sent as an equal employment office specialist has proceeded to become so noteworthy, will Magdalena Tudela Salas, was the to Salt Lake City, Utah. His next assignment serve as an inspiration for others from the daughter of Jesus Sablan Tudela and was as MSC Director of Employee and Labor Northern Mariana Islands. The lesson is well Anunciasion Borja Tudela, who raised Relations in Boise, Idaho, then District Director known, but not always applied: pursue an edu- their grandson. of E&LR in San Juan, Puerto Rico, in Boston, cation—not just in youth, but throughout life, Leo worked very hard for an edu- Massachusetts, and in Santa Ana, California. do your best, persevere, work hard. Your ef- cation, moving to Guam for high Moving up the management ladder, Mr. Borja fort will be rewarded, just as it has for Mr. Leo school, returning to college after serv- was appointed to be the Manager Sectional Borja Tudela, and will benefit us all. ice in the United States Army, and fi- Center, City of Industry, East of Los Angeles, nally earning a master’s degree with California, Division Manager/Postmaster in f honors in California. Oklahoma City, Oklahoma, and District Man- CHINESE DRYWALL Mr. Tudela took his education and ager for South Florida in Miami. crafted a career with the Postal Serv- In 1992, he became the Vice President for The SPEAKER pro tempore (Mrs. ice, rising to a vice presidency, and the Southeast Area, responsible for Alabama, ROBY). Under the Speaker’s announced today directing operations in the Asia/ Florida, Georgia, Tennessee and Mississippi. policy of January 5, 2011, the gen- Pacific-Micronesia region as a member He oversaw operations involving more than tleman from Virginia (Mr. RIGELL) is of the Postal Career Executive Service. 92,000 employees, 20,731 post offices, and a recognized for 60 minutes as the des- Leo Borja Tudela’s career exemplifies budget of three billion dollars. ignee of the majority leader. the power and benefit of education. I Throughout his rise in responsibility, Mr. Mr. RIGELL. Now, imagine you congratulate him. And I encourage Tudela—and the Postal Service—continued to worked hard and saved for a down pay- young people in the Northern Mariana invest in his education. He attended a number ment of your own, a down payment on Islands and throughout America to fol- of executive training programs in the Ivy the American Dream. Imagine that you low that example for their own benefit League, at MIT, the University of Virginia, and found the right place, secured the fi- and for the ultimate benefit of our Na- at Duke. nancing and happily started your life tion. Though his career had taken him far from as a homeowner. Today, as we struggle with the future of the his humble roots in the Northern Mariana Is- Now, imagine months later, though, U.S. Postal Service, I want to take a moment lands, Mr. Tudela never forgot his home; and, that your house is filled with a putrid, to pay tribute to one of the many dedicated in- eventually, his postal service work returned rotten, egg-like odor that just per- dividuals, who has kept the mail on its way to him to the Pacific. He is presently the Director, meates your home, makes your chil- our homes and businesses in this nation for Asia/Pacific-Micronesia, PCES—Postal Career dren sick with severe headaches and almost five decades. Executive Service, overseeing all mail to and nose bleeds. Imagine the mounting Mr. Leo Borja Tudela was born in the North- from Micronesia. He is involved with man- frustration when the copper coils on ern Mariana Islands in the village of Garapan aging, and participated in crafting, the com- your AC unit and your refrigerator cor- on the island of Saipan on July 17, 1943. His pact agreements between the United States rode, develop leaks and have to be re- mother, Magdalena Tudela Salas, was the and the Freely Associated States of Micro- placed again and again and again. daughter of Jesus Sablan Tudela and nesia, which include the Republic of the Mar- You ultimately have to move your Anunciasion Borja Tudela, who raised their shall Islands, the Republic of Palau, and the family into a rental home and find out grandson. Federated States of Micronesia. This work re- that the cause of all of this pain and Leo was educated at William S. Reyes Ele- quires him to coordinate with the U.S. State grief is nothing other than defective mentary School in Chalan Kanoa, graduating Department and its three embassies in these drywall that fills your home and was with honors. During his elementary years, Leo nations, and with the U.S. Department of the imported from China. Madam Speaker, also served as an altar boy at the Chalan Interior, which also has responsibilities in the many of my constituents don’t have to Kanoa Diocese Catholic Church. There he met region. The U.S. Postal Service and the serv- imagine that nightmare. They are ex- Pale Arnold, who recognized the young man’s ices it provides are an important component of periencing it and living it right now.

VerDate Mar 15 2010 02:08 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.044 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6260 CONGRESSIONAL RECORD — HOUSE September 20, 2011 Some have been dealing with this nightmare, that pits unemployed been convicted of murder and sen- issue for more than 2 years without re- Americans against illegal aliens in a tenced to 15 years in prison, at a cost lief. Many are severely financially competition for scarce jobs. to Alabama taxpayers well into the strained as they continue to have to The White House and too many Mem- hundreds of thousands of dollars. pay the mortgage on the first home bers of Congress seek amnesty for mil- So that we are clear about the illegal and then go out and find a second resi- lions of illegal aliens, thereby legiti- alien’s conduct, he was drunk. He was dence to live in and pay for both. Some mizing criminal conduct and depriving wanted for crimes in several States. have had their homes foreclosed on. American citizens of job opportunities. When he murdered Tad Mattle, he was Some have gone into bankruptcy. I Madam Speaker, Congress and the fleeing the scene of yet another crime. have been in these homes. These people White House must create jobs now for What had Tad Mattle done wrong? Ab- are hurting, our fellow American citi- American citizens. We can and must solutely nothing. zens. fight for American citizens, not turn Tad Mattle was driving home from a And because our legal system is our heads the other way, which gives church social with his girlfriend. He flawed, the manufacturers of the con- illegal aliens preference over American was lawfully stopped at an intersection taminated drywall that is coming from citizens. not far from my own home. After ev- China are not being held accountable But the issue of illegal aliens is erything was said and done, at the end for a defective, dangerous product. greater than just jobs and better in- of an illegal alien crime spree, both Even if a judgment is made in favor of comes for American citizens. Illegal Tad Mattle and his girlfriend were sub- the homeowners, it can’t be enforced. aliens crowd our hospital emergency ject to force trauma and burned beyond That is not right. Homeowners’ in- rooms, delaying treatment for Ameri- recognition. Both died. surance and builders’ insurance is not cans and driving up health care costs Why did this needless crime occur? covering the damages. At the end of because too many illegal aliens don’t Why were these two young person’s the day, who is left holding the bag? pay their bills. Too often, illegal aliens lives snuffed out? Because our Amer- It’s the owner of the home. This is not get free health care on the backs of our ican Government has steadfastly failed the American way. already stressed American taxpayers. and refused to protect American citi- Their finances are devastated, their Illegal aliens also do not produce zens from illegal aliens. credit ratings are ruined. Now I am enough in tax revenue to pay for our Madam Speaker, please let me share working with a bipartisan group with schools; yet illegal alien children with you information about Tad my colleagues doing everything we can overcrowd our schools, thereby reduc- Mattle, told in the words of his griev- on the Contaminated Drywall Caucus ing the quality of education for Amer- ing father, Dan Mattle: to forge a better path for our fellow ican children. Tad Mattle was the first child of Dan citizens. Illegal aliens commit horrendous and Terri Mattle, born on November 8, We have had hearings, we have met crimes against American citizens, 1989, in Florissant, Missouri. Tad was with the Consumer Product Safety crimes that strain State and Federal very curious and enjoyed figuring out Commission, we have written letters to judicial systems, police and sheriff de- how things worked. Shortly after his the President. We have asked for as- partments, and prisons that are al- parents installed safety locks on all of sistance from the United States Trade ready overcrowded and in a financial the cupboards, he figured them out and Representative, but it’s not enough. We crisis. then taught his little brother how to must, we must hold the Chinese manu- Supreme Court Justice Sandra Day defeat them. facturers accountable for the defective O’Connor, in one of her last Supreme He loved to play outside in the dirt products they shipped to our Nation Court opinions, wrote in 2005 in and loved the water. He enjoyed trying and that fill our American homes. Medellin v. Drake, that: ‘‘In 2003, over different sports. More than anything, So I call on the committees of juris- 56,000 noncitizens were held in State however, he loved building and cre- diction to hold hearings, to investigate prisons. Noncitizens accounted for over ating. To the frustration of his parents, and move forward some practical solu- 10 percent of the prison populations in he would scatter Legos all over the tions to this problem that is hurting so California, New York, and Arizona. As floor as he created ships, starships, and many of our neighbors. of February 2005, 119 noncitizens from airplanes. On family vacations, he rev- Madam Speaker, I yield back the bal- 31 nations were on State death row.’’ eled in the sand as he built sand cas- ance of my time. Madam Speaker, so that I am clear, tles. When he was 8 years old, he helped let me emphasize that death row is not his father rebuild an engine on the f just for any kind of murderer. Death family truck. ILLEGAL IMMIGRATION row is for murders where victims are At age 9, Tad Mattle and his family The SPEAKER pro tempore. Under tortured or raped before killed. Death moved back to Huntsville, Alabama. the Speaker’s announced policy of Jan- row is for murders where multiple citi- Being very social, he quickly made new uary 5, 2011, the gentleman from Ala- zens are killed. In sum, death row is re- friends at church and school. bama (Mr. BROOKS) is recognized for served for only the most heinous of In Cub Scouts, he achieved the Arrow the remainder of the hour. murderers. of Light award. In his last year, he won Mr. BROOKS. Madam Speaker, ac- Hundreds if not thousands of Ameri- the Pack Pinewood Derby Contest. In cording to a 2009 study by the Pew His- cans are dead today because the United middle school, Tad joined the Boy panic Center, 7.8 million illegal aliens States Government has been derelict in Scouts and joined the school band as a hold jobs in America. Madam Speaker, its duty to protect American citizens percussionist. Tad thoroughly enjoyed there is a sure-fire way to create jobs from illegal aliens. making music, and he kept switching now for American citizens: evict all il- For example, in my home of Madison between first and second chair with one legal aliens from America and imme- County, Alabama, population roughly of his friends. diately open up millions of jobs for un- 300,000 people, we have had more Amer- During a scout trip in this period, employed Americans. ican citizens killed or murdered by ille- Tad went caving with his father. By The eviction of illegal aliens from gal aliens than we have had lost in the time he was 13, he was a qualified America has the side benefit of elimi- combat in Iraq and Afghanistan com- vertical caver. By age 14, he had nating the abundance of cheap, illegal bined. Madam Speaker, let me share achieved a prestigious award among alien labor which, in turn, forces blue with you a personal story that happens the caving community by completing color wages up, thus helping American to have happened in Huntsville, Ala- his ‘‘Vertical 8.’’ families afford and pursue the Amer- bama. But, the truth be told, similar In high school, Tad Mattle became ican Dream. events have likely happened through- heavily involved in the marching and out America. symphonic bands. In his last 2 years, he b 1930 On April 17, 2009, a 19-year-old man in served as the percussion section leader. Unfortunately, Madam Speaker, my hometown of Huntsville by the Tad also pursued an advanced di- there are those in Washington who name of Tad Mattle was needlessly ploma by taking advanced placement chase a different dream, a class warfare killed by an illegal alien who has since science and math classes. In addition

VerDate Mar 15 2010 02:08 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.046 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6261 to these activities, he continued serv- sible for this crash had seven different it says. It returns jobs to the American ing the community through Boy Scout aliases, had four different DUI arrests, people. Its premise is simple. If the and church youth group service and was wanted by at least four other Federal Government won’t do its job, it projects. With his troop, in which he States for misdemeanors and felonies. should get out of the way for States served as a leader, he participated in b 1940 and those who will. many different activities. At this point, I yield to my good col- On a Boy Scout troop hike on the Ap- According to police records, he was league from Alabama. palachian Trail, Tad helped maintain to have been deported in 2001. Let me Mr. ADERHOLT. Madam Speaker, I morale with his goofy sense of humor. reread that part for emphasis. The ille- want to congratulate the gentleman Tad is especially remembered for his gal immigrant responsible for this from Alabama, my colleague in the Julie Andrews impersonation as he crash had seven different aliases, had Fifth Congressional District, for orga- skipped down a meadow on Siler Bald, four prior DUI arrests, and was wanted nizing this tonight. We are all here to- wearing a 40-pound backpack, while the by at least four other States for mis- night to discuss what America is fac- troop sang ‘‘The Sound of Music.’’ demeanors and felonies. According to ing, and that is a self-imposed security Tad was very excited when he became police records, he was to have been de- crisis. old enough to drive. He wanted his own ported in 2001. The main concern is that it appears car, so he took a job to earn money for Tad left behind a family that still that the administration is ignoring its it. He bought a neglected Toyota Supra mourns his loss. His brother and sister responsibility to enforce our Nation’s that cost only $475. He spent the next have dealt with depression, night- immigration laws. For our security, few months restoring it to running mares, and guilt. His mother still deals economic well-being, and safety, immi- condition. In his junior year of high with days of depression. This loss was gration enforcement does matter. school, Tad took an auto body collision completely unnecessary but occurred Since the beginning of the current repair course and completely restored because of a failure by the Federal administration, we have seen decisions the body of that car. He was so proud Government to perform its duty to pro- and policies that have denigrated im- on the day he brought it home from the tect legal citizens’ rights to life, lib- migration enforcement. It started with paint booth. He took meticulous care erty, and the pursuit of happiness. As the identification of ‘‘priorities’’ where of that car and never abused it because Tad’s father, all I ask is that the gov- the Department of Homeland Security he did not want to destroy all of his ernment perform its Constitutional ob- announced it would focus largely on re- hard work. ligations to its citizens to prevent moving only those aliens convicted of During his senior year of high school, other families from experiencing this serious crimes. Tad achieved the rank of Eagle Scout. same nightmare. More recently, Immigration and Cus- For his Eagle leadership service Madam Speaker, Tad Mattle’s tragic toms Enforcement, or ICE, as it is re- project, he chose to rebuild a boat dock story is one of many that I could tell ferred to, issued guidance directing at the Madison County Boat Harbor on here today, and his story illustrates so broad use of prosecutorial discretion. the Tennessee River. The original dock clearly why the Federal Government Let me explain how that works. ICE was a hazard to users due to warped, must stop being derelict in its duty to agents locate a fugitive who has been splintered, and rotten boards. Tad’s ensure the safety and security of Amer- ordered to be removed. The fugitive is leadership resulted in 190 man-hours of ican citizens. arrested in his apartment where four volunteer labor that saved the county There are many Tad Mattles in other people are present. ICE agents thousands of dollars. America, each and every one of them ascertain that all these individuals are In 2008, Tad graduated from high victims of crimes that could have been illegal aliens, though they do not have school with an advanced diploma. His prevented. In that vein, I introduced an actual criminal conviction. Pursu- dream was to work in an auto body col- the Jobs for Americans Act. It empow- ant to ICE priorities, these individuals lision repair and open his own shop. As ers State and local governments to would not be arrested. he worked the following summer and help the Federal Government by pass- This process on whether to prosecute winter, he realized that an education ing laws that identify illegal aliens, or not was intended to be exercised on would be necessary to fulfill his dream. deter illegal aliens from entering the a case-by-case basis, not by front-line Tad applied to the University of Ala- United States, apprehend illegal aliens, officers directed to ignore the law, but bama in Huntsville, and with his excel- or encourage or otherwise cause illegal by supervisors and attorneys looking lent top 1 percent ACT score of 32, he aliens to leave the United States. at the law and the facts of a particular was quickly accepted. On April 14, 2009, States aren’t asking for another Fed- case and considering humanitarian just 3 days before his murder, Tad re- eral handout. They’re asking for free- concerns or national security interests. ceived a letter awarding him the UAH dom from Federal interference. They’re Now, front-line agents and officers in Presidential Full Scholarship which asking for the freedom to protect their the middle of an encounter are being covered all tuition for his mechanical citizens’ lives and livelihoods. This act asked to essentially conduct an on-the- engineering degree. Tad was so excited ensures that the Federal Government spot investigation. as he read this letter to his parents will appreciate, not punish, States that Under the administration’s policy, that night. do the hard work of enforcing our laws. front-line officers and agents don’t Three days later, on April 17, his fa- Madam Speaker, when States like have much of a choice but to ignore the ther’s birthday, Tad attended a church Arizona, Alabama, Georgia, and many law and leave the illegal alien behind, social with his family and girlfriend. others act to stop illegal aliens, they unless the alien is a fugitive or has an After the social, he and his girlfriend should be given letters of appreciation actual criminal conviction. headed to her cousin’s house to watch a from Washington leaders for doing Not only do we have memos directing movie. While stopped at a traffic light, Washington’s job. Instead, they receive front-line officers to ignore illegal Tad’s car was rammed by a truck driv- lawsuits from the President’s Justice aliens under the current administra- en by a drunk illegal immigrant who Department. That is wrong. And the tion, but we have committees second- was fleeing from the police. Tad and Justice Department’s conduct will only guessing decisions officers, attorneys, his girlfriend were killed instantly, victimize more American citizens. and judges make. The Department of which was a blessing because the im- Madam Speaker, my Jobs for Ameri- Homeland Security set up a task force pact ruptured the gas tank of the car cans Act prevents these wasteful Jus- of outsiders to tell the Secretary Tad had so meticulously restored and tice Department lawsuits against whether this policy should include ig- burned the two beyond recognition. States that are only trying to protect noring illegal aliens encountered at There were no skid marks from the their citizens from illegal aliens and traffic stops and those who would have drunken driver’s vehicle, and accident the Federal Government’s dereliction drunk driving violations. The Depart- investigations indicated the truck im- of its duties. ment is also establishing a committee pacted between 67 and 72 miles per Today, I ask my colleagues to join to review all 400,000 immigration pro- hour, almost double the legal speed me in supporting American jobs. The ceedings, including for aliens with final limit. The illegal immigrant respon- Jobs for Americans Act does just what removal orders, to decide whether

VerDate Mar 15 2010 03:52 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.047 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6262 CONGRESSIONAL RECORD — HOUSE September 20, 2011 these illegal aliens should actually be minders that we have a serious illegal right, and I don’t want you to com- removed. immigration problem in our country promise. Well, I don’t want to com- This is the problem, and it leads to and the need to take action to secure promise on principle. There is abso- cases like the one that my colleague our borders. As a member of the Immi- lutely no principle I have that I’m in- from Alabama just talked about, Tad gration Reform Caucus, I believe that terested in compromising on. But what Mattle. The new policy, in effect, re- while we are a nation of immigrants, I tell folks back home is there’s com- fuses to enforce immigration law until, we are first and foremost a nation of mon ground. There’s common ground and let me stress that, until a serious, laws. I’m a cosponsor of a number of where no matter where you sit on the perhaps violent crime, has been com- comprehensive bills that would help political spectrum you can see your mitted. If immigration law had been combat illegal immigration. One bill, way clear to this path forward. enforced, Tad’s life may have been the CLEAR Act, would authorize State What I want to know from my col- spared. and local law enforcement to assist in leagues—and I wish there were more of Today, more than ever, our Nation’s the enforcement of the U.S. immigra- them in the Chamber tonight—and, fiscal resources are constrained. De- tion laws, which means that they can again, I’m grateful to my friend from spite that fact, this body has made im- investigate, apprehend, and transfer Alabama for putting this hour to- migration enforcement and homeland over to ICE officials illegal aliens in gether—but where are the folks who security a priority. Congress, under the United States. oppose enforcing the laws? Where are both Republican and Democrat leader- the folks who believe that legal immi- b 1950 ship, has consistently provided ICE gration is what we don’t want and ille- with funds above those funds they have Another bill that I’m cosponsoring gal immigration is what we do want? requested, and that’s to ensure strong goes after sanctuary cities, denying Where are the folks who believe that enforcement and security. Funds the State Criminal Alien Assistance Pro- when criminals commit crimes, they’re Department of Homeland Security re- gram funding for any State or local not supposed to be prosecuted? Where ceived at the hand of this Chamber government that has in place any law, are those folks defending that? Because should not be used to blatantly ignore policy, or procedure that breaks Fed- what I see in my part of the world—and the law or for the implementation of eral immigration law. I’m there in the northeastern suburbs flawed and reckless policies that pro- The SAVE Act is another great bill. of Atlanta—what I see in my part of vide backdoor amnesty. The SAVE Act would increase Border the world are people who are proud of These memos and committees may Patrol and investigative personnel, en- our history as an immigrant Nation allow millions of illegal immigrants to courage recruitment of former military and proud of our future as an immi- remain in the United States in viola- personnel and use of Department of De- grant Nation. tion of existing law and regulation and fense equipment, calls on the adminis- I tell folks all the time I don’t worry compete with unemployed Americans tration to develop a national strategy that people want to come to America. and legal immigrants working for to secure our borders and, finally, di- I worry about the one day people don’t scarce jobs. rects authorities to check against ter- want to come to America. What hap- While the Federal Government seems rorist watch lists those persons sus- pens when they want to take their big to find loopholes to keep illegal aliens pected of alien smuggling and smug- brain and their hard work ethic and who pose public safety threats in this gled individuals. their entrepreneurial ideas and take it country, States like my home State of Defense of our country and securing to China or take it to India or take it Alabama are being prosecuted for at- our borders is one of the primary re- to Brazil? I worry about that. tempting to take this problem into sponsibilities of government, and I be- We have so many challenges, as my their own hands. Alabama and other lieve that those who enter this country friend from Alabama knows, in terms States burdened with these issues illegally are not only breaking the law, of restructuring our legal immigration shouldn’t have to worry about Federal but risking the very security of this process. I am heartbroken that we intervention. Alabama was the fifth country. spend even a moment arguing amongst State in this country to adopt laws ad- I thank the gentleman for yielding. ourselves about the necessity of shut- dressing illegal immigration. The legis- Mr. BROOKS. Madam Speaker, I next ting down illegal immigration now— lature of Alabama and the Governor recognize the gentleman from Georgia, not tomorrow, not a week from tomor- have opted to act. Instead, the admin- Congressman ROB WOODALL. row, not after the next election cycle, istration has filed a judicial action. Mr. WOODALL. I appreciate my today. The administration should take this as friend from Alabama for yielding. Of the few things that the United a wake-up call, a bold reminder of the Candidly, I can’t say it much better States Constitution empowers the Fed- Federal Government’s duty to protect than my freshman colleague from Ten- eral Government to do, requires that each and every American from being nessee just did. We are a Nation of im- the Federal Government do, enforcing the victim of crimes that can so easily migrants, and we are a Nation of laws. our border security is one; and we don’t be prevented. The Federal Government And my question is, When did it be- do that well. We have so many con- should be working with States to en- come so clear to everyone else that versations down here, as the Speaker sure the safety of all Americans. those things were in conflict with one knows, about all the things the Federal This is not a time for partisan poli- another? Because when I look at it, it’s Government should stick its nose into, tics. This is a time for a robust, coordi- not in conflict at all; in fact, it’s in as if we’re going to do those well. What nated effort to guarantee the security concert, in concert with one another. about the one the Constitution re- of our citizens and to protect our Na- It was hard to listen to the story that quires us to do, which is secure our tion’s borders. my friend from Alabama was telling borders? I thank the gentleman from Alabama because it’s not a story that you only For me, the untalked-about victim in for yielding. hear once. It’s a story that you hear the illegal immigration debate is the Mr. BROOKS. Madam Speaker, I next heartbroken families tell over and over legal immigrant. Have you ever been to recognize the gentlelady from Ten- and over again. It’s a family in Ala- a naturalization ceremony? Do you nessee, Congresswoman DIANE BLACK. bama, it’s a family in Georgia, it’s a have any friends who have been natu- Mrs. BLACK. I thank the gentleman mom in South Carolina, and it’s a ralized, who have earned the right to from Alabama for yielding. grandmother from Indiana, and on and be a United States citizen? Wow. Wow. Madam Speaker, the tragic death of on and on. It’s tears, but it’s tears of joy. I wish Tad Mattle that took place in Hunts- What I want to know is, Who is it we were teaching the same thing to our ville, Alabama, on April 17, 2009, serves who’s coming to defend that story to- young people in schools that we’re as a sad reminder of the broken immi- night? Because I hear it in town hall teaching to our immigrants in their gration system that we have here in meetings all the time, and I know my citizenship classes, who are developing the United States. We see stories like friend from Alabama hears the same this deep and abiding respect for the this in our local newspapers and on our thing: ROB, I want you to go up there rule of law and the American way of local and national news. They’re re- and I want you to fight for what’s life.

VerDate Mar 15 2010 02:08 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.049 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6263 And the victim, when we turn a blind we’re even more proud that we’re a Na- it is, and the burden keeps growing and eye to illegal immigration, is the legal tion of laws, that army is composed of growing and growing. It is not a immigrant who does it all right be- legal immigrants of every stripe from victimless crime. cause they’re the victim of the animus coast to coast, from north to south. It In terms of finding common ground, I that comes out of this debate. They’re makes me so proud because I think looked at my friend ROB BISHOP’s bill. a victim of the sadness. In fact, I will that’s what America is all about. ROB BISHOP is from Utah, and he’s in- tell you, the angriest people—again, I I want to go back and say to the gen- troduced H.R. 1505, the National Secu- come from the Deep South. A lot of tleman from Alabama, thank you for rity and Federal Lands Act. folks have a lot of stereotypes about introducing the American Jobs Act. Now, the preposterous things that we how it is in the Deep South. But I will For folks who look those things up on discuss here in Washington, this is one. tell you, the angriest people in my part TV, it’s H.R. 2670, I believe; is that cor- Look it up for yourself. H.R. 1505, what of the world about illegal immigration rect? it does is it changes the law, changes are not the ninth generation white guy; Mr. BROOKS. Yes. the law so that Border Patrol agents it’s the legal immigrants. Mr. WOODALL. Again, where are can access areas of the border. Hear Somebody stopped me the other day those folks? We’re not talking about that. There is a bill in this Congress to and they said, ROB, if you ever pass an compromising our principles; we’re change the law so that Border Patrol amnesty bill—which we never will do, talking about pursuing those things agents can get access to the border. 4.3 just to be clear, never, ever going to that are common ground. In this era of million acres of border designated wil- happen, not while I’m here in Con- 10 percent unemployment, who are derness along our southern border, and gress—give me my money back. You those folks who think that hard- in those areas the Border Patrol can’t can’t give me my life back; you can’t working, taxpaying American citizens use motorized vehicles, can’t construct give me back all the years and years don’t deserve that job first if they’re roads, can’t even install security and and years I worked and I waited on the willing to work for it? Who is that? communication apparatus. Hear that. list and I waited patiently in my home I’m sure that there has been an edi- Hear that. country until my number came up, you torial or two in your local news- The law of the land in America today can’t give me that back, but I want my papers—if your newspapers are any- is that the Border Patrol agents cannot money back because it wasn’t cheap. thing like mine—that have not reacted patrol the borders. H.R. 1505 will It’s not. Being a United States citizen all that kindly to your decision to change that, and I hope we’ll pass that is advanced citizenship. It requires stand up and do what is right. But here. great commitments, as it is a great op- doing what’s right is not always easy, I want to say finally to my friend portunity; and we treat it in this coun- and it’s rarely appreciated in its time. from Alabama, you and I are both new try as if it’s a nothing. It’s often appreciated as history writes here. I’ve only been here 9 months, and As my friend from Alabama knows, it. But who is it who believes that folks I’m learning something every day here. there’s another bill, introduced by my who have paid their taxes for a decade, I was more than a little bit surprised friend from Iowa (Mr. KING), called the who have been laid off in the middle when the administration came out and Birthright Citizenship Act—and I’m a part of their life, who can’t afford to said, no, it’s really not whether or not cosponsor of that act—that goes back send their kids to college, who can’t af- you’re illegal; it’s whether or not to the 14th Amendment. It goes back to ford to buy medicine for their wife? you’re illegal and when we make our that time in this country when we were Who are those people who believe that decisions about whether or not to de- struggling with our national identity those folks don’t deserve first crack at port you. and says those born in the United that job? First crack. But what I learned in that conversa- States, under the jurisdiction thereof, tion is that we have a backlog of depor- b 2000 shall be United States citizens. tations in this country. When we talk As you tell the story, I say to my We have a legal immigration process about funding priorities in this coun- friend from Alabama, of someone who in place in this country that will allow try, for the last 9 months I’ve been fo- has been convicted of crime after crime you to come here the right way, get a cusing on funding the Border Patrol. I after crime, of someone who has war- green card the right way, and apply for thought what we needed were more rants out for their arrest across the jobs just like everybody else. Folks do boots on the ground, and I still believe United States, of someone who hasn’t it. Do it, and I welcome you. we do. But what I have learned from yet found a single American law that But in this era of unemployment, the administration is we also need they have chosen to obey, I tell you who are those folks who defend this more bottoms in the seats in immigra- that person is not under the jurisdic- practice of illegal labor? I will tell you, tion courtrooms across this country. tion of the United States, and births it’s not just the folks who go to work. We may need more immigration that are associated with that person do It’s the folks who employ those folks judges. If we don’t have enough people not give rise to citizenship in the who go to work. This is not about ille- to process all the deportations that are United States. gal immigrants alone. This is about in line, what we need is not to stop the But the courts have said Congress those businesses that hire those illegal deportations; what we need is to hire just won’t decide on this; Congress immigrants. more people to process those deporta- won’t take a stand on this. Well, STEVE A crime is a crime here in this coun- tions. KING of Iowa said, yes, we will. And I try. They’re not all the heartbreaking I tell you, I’m a small government was proud to join him on that to define crimes that my friend from Alabama conservative. You’re not going to find what is the greatest gift we have in has described, but they are crimes that many government programs that I this country, and that’s the gift of have consequences. These are not want to come down here and spend American citizenship. I was born with victimless crimes. Illegal immigration money on. But again, the Constitution it, and I’m grateful for it every day of is not a victimless crime. has given to you and me the responsi- the week, but we treat it like it’s noth- The victim could be that American bility of enforcing this part of the law, ing. And I will say to folks who think who can’t find a job to support his kids has given us the responsibility of se- that it’s nothing, go to one of these and his family. The victim could be curing our borders; and if what it takes naturalization ceremonies. Talk to that school district that can’t afford to to be successful is spending more your friends and neighbors who have sort out how those classes are going to money to hire more immigration court worked for it and earned it, and they go, that can’t afford all the teachers, judges to fill more buses to comply will tell you that it’s something. but has an increasing workload because with more of the law that is, in fact, And in the army that we’re devel- of the children associated with illegal the law of the land, then I’m prepared oping across America to come and immigration today. to do that. stand strong on the issue of illegal im- The victim could be that health care I appreciate the administration, migration, the army that’s forming system that can’t treat folks as they’d again, for educating me in that way, across America to say we are proud like to treat them, doesn’t have enough because I had no idea that we were so that we’re a Nation of immigrants, but money to deal with the community as successful at identifying folks and we

VerDate Mar 15 2010 02:08 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.051 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6264 CONGRESSIONAL RECORD — HOUSE September 20, 2011 just weren’t successful at finishing American jobs, to put Americans back most critical of all the things that a that deportation process. to work. It’s the American Jobs Act. Nation does, it’s the education of their So I say to my friend from Alabama, A week ago, a little more than a children. This is an enormous and the again, I so much appreciate his leader- week ago now, the President stood be- important factor in building the future ship on this issue. I am a proud sup- fore a joint session of Congress here in of America and simultaneously putting porter of the Jobs for Americans Act. I this Chamber filled with Democrats, people back to work. look forward to bipartisan support on Republicans, Senators and Members of When these teachers go back to that act because, again, we’re not talk- Congress, and he presented to us a work, that cycles money into the coming about asking anyone to com- comprehensive program to put Ameri- munity. So the grocery store, the arts promise their principles. We’re asking cans back to work. I want to discuss store, programs that require books and people to celebrate that we are an im- that tonight and also pick up the issue pamphlets and so forth, all of those migrant nation and that we are a na- that he raised yesterday about how we things will begin to be circulating in tion of laws. And I tell you, I don’t do that, how we put Americans back to our community. want to live in a nation that is willing work and, in the next several years, So this is one of the key programs to give up on either one of those, and bring the deficit under control and put that the President has proposed, the we don’t have to. America’s financing back in shape. American Jobs Act—fixing our schools, I thank my friend. It’s the American Jobs Act, a very putting teachers back to work. And Mr. BROOKS. Madam Speaker, I comprehensive proposal, a very bold that is a critical investment. want to express my thanks for the elo- proposal, and one that would actually, If I might just put up another way of quence of Congressmen ROB WOODALL not by his estimate but by the esti- describing this. of Georgia, DIANE BLACK of Tennessee, mate of independent economists, em- If you really care about America, and 1 and ROBERT ADERHOLT of the State of ploy some 1 ⁄2 to 2 million Americans you want to have a better America, Alabama. immediately. And I’d like to tell you then we simply have to invest in Amer- I pray that the American people and how that might come about if this ica. There are numerous ways we can Washington, D.C., will be mindful of House were to pass the legislation. do it. We talked about the education the loss of Tad Mattle, the suffering of b 2010 programs, and that’s certainly one. his family, and the sufferings of hun- We know that for America to succeed This is another one here that relates dreds, if not thousands, of other Ameri- both in the short term and the long to education. I don’t know if you can cans under similar, yet difficult, cir- term, it’s not only about going back to see this, but that’s a young technician cumstances, all brought about because work, it’s also about critical invest- in a laboratory, perhaps in a hospital our Federal Government is derelict in ments. or quite possibly in a program, a new its duty to protect American citizens Over the weekend, back in my dis- business like I saw in Davis, California. from the conduct of illegal aliens. trict in California, the East Bay area of It’s a biotechnology firm that actually With that, Madam Speaker, I yield San Francisco Bay and up into the produces herbicides and pesticides that back the balance of my time. Central Valley, I had the opportunity are taken out—well, first discovered in f to talk to teachers, teachers who were the environment. These may be bugs, these are a fungus, these are bacteria AMERICAN JOBS ACT very concerned that given the financial situation in California, that they were that exist naturally in our environ- The SPEAKER pro tempore. Under going to be laid off, and generally it’s ment that in one way or another kill the Speaker’s announced policy of Jan- the new, the young teacher that has bugs or kill unwanted plants. uary 5, 2011, the gentleman from Cali- only been there a little while that’s So they’re discovering these, they fornia (Mr. GARAMENDI) is recognized given the pink slip and sent on down are then understanding the chemical, for 60 minutes as the designee of the the road. the biological nature of it, and then minority leader. This is a personal issue in my family. mass producing these biological pes- Mr. GARAMENDI. Madam Speaker, My daughter and son-in-law are teach- ticides and herbicides. thank you for the opportunity to dis- ers, and their class size has already Two things they need. They will cuss employment, or lack of employ- grown from 20, 21 to 34, 35 in the sec- eventually go out with an IPO so ment here in the United States. ond-grade class. A very difficult teach- they’ll need capital, and that’s another We just listened to a discussion about ing situation. Yet, more layoffs are piece of what the President is pro- the problem, and certainly immigra- likely to occur. posing. But they also need technicians tion is a piece of the problem. But in One of the fundamental investments in the laboratory. In going through the whole totality of the extraordinary that needs to be made in any society this particular lab, I said, How is your unemployment in the United States, it that wants to grow, that wants to pros- employment? The owner of it said, is but one piece. The solutions to the per, that wants to have social justice is Well, we’re at 90 employees now. We’re crisis that faces America and Ameri- the education of the young, and in the 2 years, 3 years old, and we need to cans is way beyond just the immigra- case of the United States, with the ex- grow, but I can’t find the technicians. tion policy. traordinary number of unemployed, In the President’s program there is a I would hope that my colleagues from some 12 million to 14 million, and un- specific reeducation program that’s the Republican side would work to- deremployed, perhaps another 10 mil- available for young men and older men wards a comprehensive immigration lion, it’s the reeducation of those that and women that want to learn a new reform program, one that certainly have already been in the workforce. So technology, a new trade, and that’s the will deal with the border and security a key investment is education. In the technicians here, so that they can fill on the border, although I think much American Jobs Act, the President has those four immediate openings that of what was said earlier is overblown. proposed a very strong, vibrant, and exist in Davis, California, for lab tech- And dealing with deportations, I necessary program to keep teachers in nicians. would point out that the current the classroom and to bring teachers Similarly, the community colleges Obama administration has deported back into the classroom. He’s proposed will be able to receive the Pell Grants more people in the last year than in that we fund 280,000 teaching positions and the grants and loans for the first the entire 8 years of the Bush adminis- across this Nation. Now, that’s a huge time ever to provide money so that tration. number of teachers, many of whom these people can go to work. Much needs to be done. A comprehen- have already been laid off and did not There is yet one other program, and sive immigration policy needs to be arrive for this fall school year. We can we’ll get to the construction here in a put in place. But if it were in place put them back into a classroom as soon little while as we go through this. today, the unemployment in this Na- as this Congress and the Senate passes One of the key aspects of the Presi- tion would not be solved by that alone. the American Jobs Act. It’s about $30 dent’s jobs program is the fact that we There is a solution that’s at hand. billion, $35 billion to do this. have about 3 million, almost 4 million There’s an opportunity for this Con- Is it money well spent? Well, if you men and women who have served in the gress to act immediately to bring back want to consider investments in the Iraq and Afghanistan theaters. Many of

VerDate Mar 15 2010 02:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.053 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6265 those are still there but most have here. The unemployment in construc- pushed the infrastructure bank for sev- come home. tion is probably well over 30 percent. In eral years, but has gotten no traction When they leave the military, they some parts—and I know this is in Cali- from our Republican friends. At the have one of the highest unemployment fornia—it’s in the range of 50 percent. same time, several Republicans have rates of any group in the United So the men and women who are in the signed onto that infrastructure bill, so States. This is simply wrong. These are construction industry have suffered it is bipartisan and bicameral, as the men and women that have served this enormous unemployment, in part be- Senate has a similar bill on that side. Nation heroically and in considerable cause of the housing market, in part This is something we can do imme- danger, and in many, many cases hav- because of the cutback in State and diately. This is not new science. This is ing suffered grievous injuries. local government expenditures. not a new program. It’s a program that We need to pay special attention to But in the President’s American Jobs has been around a long time, that is them and recognize that they have ac- Act, there is a critical investment for not yet in law but that has been fully quired some very, very important this Nation, and that is the investment vetted; and it can happen very quickly skills. They know how to work, they in the infrastructure. A big word. Most as soon as the American Jobs Act is know how to show up on time. They of us now know it. Infrastructure are passed. If that happens, we’ll be look- know how to take instructions. What roads, airports, water systems, sanita- ing at at least $50 billion for infrastruc- they don’t know is how to be a lab tion systems, and even the modern ture projects and quite possibly much technician, and they don’t know that communication systems, not of tele- more than that if the infrastructure there are job opportunities out there. commuting, but of various kinds of bank comes along. So the President has proposed a spe- microwave systems and other fiber Let me take up one other aspect of cial program to encourage American optic systems. All of those are modern this program. There is not a commu- employers, for example the biotech infrastructure. nity in America that has all of its pub- Now, across America, we have al- firm that I discussed earlier, to reach lic schools as neat, as well painted and lowed our infrastructure to deterio- out to veterans. There is a $5,600 tax as well conditioned as a community rate. Our bridges are in bad shape. credit. This is not a deduction. This is would want. In fact, in many of our More than 60 percent of the bridges in right-off-the-bottom-line taxes, $5,600 communities, our schools are an em- America need to be repaired and made for any company that has less than $50 barrassment. They’re rundown. The stronger. There are earthquake stand- million of payroll to hire a veteran re- paint is chipping off the walls. The ards that are not met. Virginia wasn’t turning from the wars. It’s incredibly playgrounds are in disarray. The toi- thinking too much about those until important and the right thing for lets don’t work. The lab is a 1950 lab- about a month ago, and then suddenly oratory. There are no Internet commu- America to do. Virginia began to think about earth- The other thing, and this is even, I nications within the school. quake standards. I will tell you that The President has proposed about a think, more—well, just as important this building—this Capitol—was built a $25 billion to $30 billion program to and perhaps more important. This century or more ago, and they weren’t renovate America’s schools, to take $9,600 tax credit—again, this is a reduc- thinking about earthquakes at that those schools that are rundown wheth- tion in an employer’s taxes of $9,600 for time. er they are in rural areas or in urban each wounded veteran, disabled veteran All across this Nation, the infra- areas. Schools that are rundown, that has returned from the wars. We structure needs to be modernized; it schools that are in need of rehabilita- only need to look at the photos that needs to be brought back up to speed. tion, remodeling and upgrading would are too often in our newspapers about So the President has proposed a $50 bil- be in line, and it’s calculated that post-traumatic stress syndrome, about lion sum of money immediately avail- there are 35,000 schools that could ben- the men and women who have suffered able for the infrastructure of the Na- efit from this program. grievous injuries of one sort or an- tion—bridges, roads, airports, the in- Now, who’s going to do the work? other. But if an employer is willing to frastructure of the modern communica- These are new jobs—these are new job reach out, they will be able to receive tion systems. All of that is imme- opportunities—and much of this work a $9,600 tax credit for those wounded diately available and, in addition to is not of a very high skill but, rather, warriors. that, a very innovative—and I think a of a skill that could be met by many of These are America’s heroes. These very important—idea called an ‘‘infra- the unemployed. So this is cleanup. It’s are the men and women who should be structure bank.’’ painting. It’s the other kinds of work first in our thoughts and first in line. An infrastructure bank has been that may not require the highest of This can be combined with the edu- talked about for a long time. Europe skill levels, but that is one of the addi- cational programs that I discussed ear- has had one for more than two decades. tional programs that’s available and is lier so that as these veterans come What it is is an initial investment by a key infrastructure program. So, as back, they have the opportunity to the government and then an additional we go through these various elements learn a new skill, perhaps as a lab tech- investment by public pension funds, by that the President has proposed in the nician, and carry on and work through individuals. That infrastructure bank American Jobs Act, we will find the op- with a good career ahead of them that operates just as a commercial bank portunity to put Americans back to has enormous upside potential. does. It’s not a bunch of pork barrel work. b 2020 projects by me or any of my colleagues I notice that my colleague from New but, rather, projects that are brought York has joined us; and we’ll begin, Once you’re in these high-tech busi- that are cash flow. They are able to once again, the east coast/west coast. nesses and the laboratory is there, the repay the loans, repay the loan guaran- Earlier on, I talked about the edu- opportunity to go on and get additional tees, and perhaps, depending upon the cation program. I talked about the vet- education and additional pay and bene- structure of the proposal, are able to erans programs that the President has fits is clearly before you. get a grant of some sort. That could proposed, and I’d gotten into the infra- So this is one of the other aspects of turn into another $50 billion very, very structure. We have yet to hit the un- the American Jobs Act. It’s good for quickly. employment and some other areas, but employers. They need an employee I know that, out in California, take us wherever you want, Congress- they can deduct off their taxes. It’s CalPERS—the big public pension man PAUL TONKO from the State of $5,600 by hiring a veteran or $9,600 for fund—has already said they’re going to New York, the birthplace of the Indus- hiring a disabled veteran. It’s a very commit $800 million to infrastructure trial Revolution. We haven’t talked good, a very, very solid program in the in the State of California. With an in- about Making It in America yet, which American Jobs Act. frastructure bank in place, such as the is one of your favorite themes. So It doesn’t stop there. Let me bring up President has proposed, they may put please, Mr. TONKO, share with us your one other item that I think we should in $2 billion, $3 billion, $4 billion. They thoughts. really be focusing on. certainly have the money. Mr. TONKO. Absolutely. I said earlier I’d come back to this Now, in this House, my colleague Representative GARAMENDI, thank issue of the construction worker over from Connecticut, ROSA DELAURO, has you. Thank you for leading us again in

VerDate Mar 15 2010 02:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.056 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6266 CONGRESSIONAL RECORD — HOUSE September 20, 2011 another very thoughtful hour of discus- In the Make It In America efforts I’m just happy to join you on the sion about the importance of deci- where we enable people to dream the floor of the House of Representatives phering the facts out there that will American Dream, where we cultivate and thank you for the leadership that springboard the comeback—the eco- that climate where you can tether to you exert on this issue. nomic recovery—of this Nation, and it the American Dream, we can introduce Mr. GARAMENDI. You also, Mr. must be done with the deepest and the source of policies that it takes to TONKO. You have been here night after most profound sense of academics. The advance Make It In America. night with the same theme, the Make American public is counting on Con- The President has done that with his It In America theme. You went gress working with the President to American Jobs Act. We, as Democrats through these so very, very well, a make jobs more abundant in our soci- in the House of Representatives, have trade policy that really positions ety. made it our mantra over and over America to once again be the manufac- You talked about skills and the de- again stating ‘‘make it in America,’’ turer for the world. velopment of skills. Recently, during and that takes on tremendous mean- Tax policy, we’ve done a lot on tax our district work period, I traveled to ing. It takes on a variation of mean- policy already. Let me just mention Schoharie County in my district and ings. You can make it in America, two things. One we did last year. Un- saw the benefits of the investment of produce it in America. You can make it fortunately, none of our Republican automation in manufacturing. I was rein America. You can survive and grow colleagues were with us on that, but at minded by Wynn Kintz of Kintz Plas- economically in America. that time the Democrats had the matics that it’s important for us to de- There’s all sorts of making it in jority. We eliminated about $12 billion velop the skills that are required today America themes that are interpreted of tax breaks that American corpora- in manufacturing. He’s involved with a through that statement. And it does in- tions received. Our tax money was CAT center—a center for advanced corporate sound trade policy. It incor- given to those American corporations technology—in the Capital Region. He porates an investment through incen- for shipping jobs offshore. What? You works with RPI and other institutions. tives that provide the tax initiatives mean they got a subsidy for shipping He works with the private sector com- that will enable people to be strong. It jobs offshore? They did. We ended it. So munity in that compact that really takes that energy core ingredient, those are the kinds of tax policies puts together the vision and the need, gives us the opportunities to be innova- we’re talking about. the compact that expresses the need tive in the energy costs, which could Now the President has proposed a for manufacturing. shave a tremendous amount of price off continuation of another tax policy that Now, there are those who would sug- the final product: labor, investing in we put in place last year. He wants to gest that manufacturing is dead, that the human infrastructure, education continue it as part of the American we’ve seen our heyday, that it’s over, from pre-K, from pre-K all the way to Jobs Act, and that is to give a business that it’s history. Well, when you talk advanced degrees. the opportunity to expense in 1 year, in to America’s manufacturers, they will We need to invest in education, high- 1 year, the cost of capital equipment so tell you that they need to develop the er education and research. Without cul- that it’s not depreciated over 7 years. human infrastructure, that they need tivating ideas, without inspiring that That’s an enormous advantage for a today’s skills to meet today’s competi- sort of genius that comes up with very business to make the capital invest- tion. They will tell you about doing it clever concepts, we are nowhere as a ment. smarter so as to be that sharpest com- society. Now, there is one thing that I would petitor on the global scene, and they Finally, the infrastructure, putting add to that. The President said it, but will talk about innovation. together the sorts of efforts that will it wasn’t specific to this, and that is Just how does innovation happen? enable us here at home to ship our that that capital equipment, that that It’s taking ideas and moving them products, to have the infrastructure lathe, that that welding machine, that along, investing in R&D, building a not only of the ordinary, traditional that saw, whatever it happens to be, or prototype, developing that impact in type, but to invest in broadband so the cultivator, the tractor out in farm manufacturing, and making certain that we are at the cutting edge, that that communications could be state-of- areas, that that be an American-made we’re investing with America’s brain- the-art, so that we invest in a grid sys- piece of equipment, that the equipment power—its know-how—that we’re pull- tem that enables us to reach through be made in America. Because, once ing together the intellectual capacity the arteries and veins of the network, again, we’re using our tax money to and making it work; but when we in- the transmission and distribution net- subsidize the capital equipment when I troduce innovation, we need people working, making certain it’s state-of- want my tax money to be used for with the skill set to run these auto- the-art. American-made equipment. mated mechanisms in the manufac- We saw what happened, did we not, in And, in fact, guess what? I’ve got a turing line. August of 2003 when a failure in Ohio piece of legislation—I got so excited, put out the lights on Broadway in New you will have to forgive me, but I have b 2030 York City and impacted my district in a piece of legislation that does just So it is absolutely essential, it’s so upstate New York for weeks upon that. It couples up with what the Presi- vitally important to develop the skill weeks. dent’s been talking about. He talked set, the know-how in order to put peo- These are the factors, these are the about American made, that we buy ple to work and make us competitive. motivating disciplines within our ef- American. Well, H.R. 637 says for that It’s happening as we speak. forts to enable us to boldly say that’s a construction, for that infrastructure, Mr. Kintz advised me that across this Make It In America initiative. We’re airports, highway, high-speed rail, country, from my end of the country to going to make it happen. We’re work- trains, et cetera, that they are made in your end, Representative GARAMENDI, ing really hard. We’re proud of the ef- America. These are opportunities for we need skilled labor of the newest forts made by the White House. It’s a all parts of America, and it works. It kind. plan. It’s a vision, laser sharp in its works. I can tell you, there are many people focus, on putting people back to work, Mr. TONKO. Let me share a perspec- who have been displaced from the restoring the dignity of work. tive with you, Representative workforce through no fault of their We’ve talked about it, gathering GARAMENDI. And I know we’ve talked own. Their job may have been shipped around the table, the dinner table at about this, but we’ll share it for the offshore. They have a high work ethic, home. It’s so very valuable when we sake of those viewing the discussion they have tremendous skill, but now it can talk about having people bring this evening on the House floor. needs to be honed into present-day ap- home that paycheck. People have been My district has been severely im- plication, training, retraining, ena- denied that opportunity in far too pacted by the ravages of the waters of bling us to advance innovation, ad- many homes—14 million Americans, Irene and then with the one-two punch, vance manufacturing. These are impor- unemployed. They ought not wait 14 if you will, when the Tropical Storm tant aspects to the work that needs to months for Congress to work with this Lee wreaked devastating damage upon be done. President to get something done. the upstate New York area, certainly

VerDate Mar 15 2010 02:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.058 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6267 in Pennsylvania and in Massachusetts, struction jobs are there; the education are not going to be tolerating any sort in Vermont, in Connecticut, to name a is there; 1.5 million to 2 million Ameri- of political gamesmanship. few, and then even into the Southeast cans going back to work the day or Mr. GARAMENDI. If I might just with the Carolinas. shortly after the President signs that add, I was the insurance commissioner But if ever you wanted to see a snap- legislation. This is really an oppor- in California twice, first in the early shot of change from just hours’ worth, tunity. And to sit here and to waste 1990s, and then again from 2003 to 2007 people were disconnected from their time, it just seems to me to be a trag- or 2008. During that period of time, we neighborhood, farmers who had to pour edy. had many emergencies in California. milk into the waters, the ravaging We need help in Vermont. We need We had fires and earthquakes, and al- waters, because they had no connection help in New York. Your people do. ways we could count on the Federal to the outside world, roads wiped away They have been devastated. And yet Government immediately providing as- by the force of water, bridges discon- that bill hasn’t even passed this House sistance. Sometimes fast, tens of mil- tinued, rail systems knocked out, rail to provide the money for it. We have to lions, hundreds of millions, of dollars stopped until they could reconstruct do it. It’s up to us. This is our task. made available immediately to rebuild. that rail line. That pointed out with Mr. TONKO. It is. I think it high- And it was never, never a question of such significant measure, in such sig- lights exactly the concern that many having to take money away from an nificant measure, in very bold terms, of us have in terms of the response to existing program so that aid could be the value of infrastructure. what is—what has pretty much ren- brought to California. This screeching halt to a regional dered some areas of our country to be When the hurricane went through economy came about through the acknowledged almost as a war-torn New Orleans, nobody said, well, we’re forces of Mother Nature, and it just area where craters have been created going to take care of New Orleans and brought into clear vision for me just by the force of water, where roads are we’re going to cut education or we’re what this infrastructure debate is and no longer in play, where businesses going to cut research. They simply put how folks can ignore the value of infra- have been shut down, where homes the money together during the Repub- structure on this House floor and want have been lost totally to the waters, to lican, the Bush period, to rebuild New to do political games on an idea that the rivers that flow in their commu- Orleans. And that was a multi-billion- really talks about shipping freight nities. And when you look at that dev- dollar project. across this country, shipping the essen- astation, you would think that the Now here we are with these disasters tial materials for our manufacturing first thing we would do is respond in in the Northeast. And our Republicans lines across this country. Infrastruc- earnest and quickly and with a depth are demanding an offset, that is, in ture is that major artery. It’s the life- of acknowledgment that appropriates order to provide money to rebuild the blood flow into our communities that resources to get things going again. Northeast, we’re going to have to cut enables the economic comeback to Well, our farmers need assistance, out the research for advanced auto truly be that noble, bold approach, in- and they’re not getting it through the technology. This is the future of the frastructure, and to put together in the response here with the concurrent reso- American auto industry. This is how to American Jobs Act an infrastructure lution. It’s a trade almost that we are build a better electric motor for a car, bank bill that allows us to place $10 asked to make about offsets that we a better battery so that we can make billion that will leverage, we believe, can find. These are people that are those things in America rather than $100 billion that then enables all sorts looking for their children’s school importing them from China or Korea or of constructs to occur and puts to- clothes in the rubble. They’re search- Japan. gether a working plan for America’s ing for pictures of grandparents to The opportunity for America’s auto skilled labor. It is a powerful expres- have something to cling to in the after- industry to advance with more fuel-ef- sion of job creation, job retention. math of that devastation. ficient cars, all of that will be pushed It’s what really is the pulse of Amer- They are wondering if they will ever aside for the first time in anybody’s ica. It is that heartbeat of activity to open their business again, and we’re memory here. And some people have our roads and bridges and rail system not responding fully. We’re looking for been here 50 years. Never before was an and airports that really tells the true ways to cut so as to slide dollars over. offset required, particularly one that story. Are you going to cut that youngster Mr. GARAMENDI. We can rebuild would harm the future of the American who now has no home? Are you going America, and we’re certainly going to automobile industry. So we are going, This doesn’t make have to rebuild your part of America. to cut her education? Are you going to any sense. Let the compassion and the You and your constituents in upper cut his health care? Are you going to generosity of America express itself, as New York and in Vermont were dev- disavow any need for public safety? These are the efforts, these are the it has done so many, many times. And astated by Hurricane Irene, floods that challenges that when America reviews simply say, okay, we are going to ap- had not been seen, perhaps, in the en- the process, it gets cynical, and I un- propriate the money. We’ll dig deeper. tire modern history of those areas. So derstand the cynicism. There’s a lot of We’ll appropriate the money. We’ll re- that needs to be rebuilt. But you are quite correct about the concern about stepping up to the plate build. And in rebuilding, much of it rest of the Nation. San Francisco Bay and showcasing for America what effec- will be made in America. Bridge went down in the 1989 earth- tive government is all about. This is Mr. TONKO. I think if I might, Rep- quake, the Loma Prieta earthquake, what my district is looking for right resentative GARAMENDI, that’s where I and devastated the economy of San now. And when they hear about this ex- can acknowledge that my district re- Francisco. Freeways collapsed. pression of offsets, I know people in my gardless of political persuasion, regard- So we know that we need to build to district, I have known them for years, less of philosophy, people have been a higher standard and we know we need they are like extended family after 31⁄2 impacted by those statements. They to repair. These are American jobs that decades of representing them at some are just trying to process that sort of are readily available today. And when level of government. thinking that would just call to a we couple it with the American-pro- And I know their philosophy may not grinding halt any response that is duced cement and steel and equipment be my political philosophy, but they going to be sufficient simply because it that’s American made, we will gen- are angered about the talk of offsets, is ruled by some sort of new restrictive erate a new resurgence of America’s as they have to look for new homes and qualities. manufacturing industry. It can be look for shelter and for food and cloth- Well, these are people in pain. These done. All we need is a vote of this ing. They are angry to hear about this are people who are hurting through no House. All we need is a vote on the offset. They are angry to hear about fault of their own. They have been im- President’s American Jobs Act. the total disavowing of ag assistance pacted by the forces of Mother Nature. when now they have to rebuild their We have seen it, as you have rightfully b 2040 fields, clear it of debris, and re-create said, from coast to coast. There have It’s all there. The Buy America, the watershed areas that they need. been tragedies out there and disasters Make It in America is there. The con- These are urgent measures, and they and challenges galore through the ages

VerDate Mar 15 2010 02:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.060 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6268 CONGRESSIONAL RECORD — HOUSE September 20, 2011 of our history. And we have always re- Act, and it’s the vision of Make It in the same extraordinary child poverty. sponded in that American pioneer sort America that you and I so often speak What are we? What are we in America of way, to be there, roll in the assist- to during these Special Orders on the if we don’t care for our children? ance and take care of it. When one House floor. Look at this. Nearly 25 percent, some amongst us is hurt, everyone feels the Mr. GARAMENDI. We can. Yes, we were 23, 24 percent, one in four children pain. can. We can rebuild America. We really in this Nation live in poverty, and So this is really tragic, and it then can do it. You gave a wonderful exam- they’re hungry. They are hungry. This challenges our bigger picture here. If ple of the way in which the great In- has to be addressed. The President’s we can’t be responsive in moments like dustrial Revolution in this country jobs program puts men and women that, how do you convince some in the took place, government doing its piece back to work so that they can care for House that the urgency to invest in an and the private sector doing that piece, their children. innovation economy, to invest in a government setting the stage with in- There is another story behind this, global race on clean energy and innova- frastructure and then the private sec- and that is that the rate of poverty in tion, how do you encourage them to tor coming along building the mill America is the highest it has been understand the urgency for that mo- towns, building the factories, and the since 1962, during the Kennedy period. ment, because if we are just living for government aiding in the research all In the Johnson period, 1963, ’64, ’65, America started a war on poverty, and the moment and not looking forward, if along the way. the poverty rate in this Nation fell pre- we don’t have the vision as is sug- There’s a very interesting story cipitously. Senior poverty with Medi- gested, we shall perish. That is just about the telegraph. It would not have care and Medicaid; men and women in what we need right now. happened had not that idea been their senior years were taken out of We won the global race on space be- brought to the Congress and then the poverty because they could afford cause with passionate resolve we deter- Congress funding the initial implemen- health care. They had health care mined that we were going to land the tation of the telegraph. So we’ve seen over the history of America the role of available to them. And other programs person on the Moon before any other were institutionalized. Here we are, 40- government. The President has laid out nation; and we did it. We unleashed un- some years later, the highest incident in the American Jobs Act a very pow- told levels of technology that impacted of poverty in America since prior to erful message about the role of govern- every sector of the economy and every the war on poverty in the 1960s. We ment, together with the free enterprise dynamic that defines our quality of have to address this. life. From health care to communica- entrepreneurial system, building once Mr. TONKO. Representative again the America that we want. tion to energy generation to education GARAMENDI, it is often said that a na- We have maybe another 15 minutes, I and beyond, all of that was impacted tion can be measured by the work it think, here, and I want to take this to by the pioneer spirit of the global race does for those in the dawn of life, and another part of what the President on space. the quality of life for those children We are at that same sort of defining talked about yesterday. There are two living in poverty understandably is re- moment. Are we going to shine? Is this Americas. We are two very different duced. And so the challenge to all of us going to be a shining moment for Americas. There is the very wealthy in this country, what ought to move America? Are we going to allow the America, and then there is the rest of that moral compass of America, is the challenge to pass us by? Is that Amer- America. I put this up because I was reflection on that statement that you ican in spirit? I would suggest not. listening, as I was traveling to one of just made. The moment today requires the sort my meetings in the district over the If we’re content with that statistic, if of belief in our Nation’s ability, and weekend, to a radio talk show. It was we’re content with the direction in the leadership that should be expressed KGO radio in San Francisco. They had which that statistic is moving, then it in the Halls of government here in a talk show on in support of food is a puzzling statement. It ought to Washington is silenced by that sort of banks. They were taking the entire day haunt us as a society. And as we weak- thinking. And so we can, we must, we and assisting in raising money. This is en and as we grow more and more into need to go forward with the soundness one of the most-listened-to stations on the ranks of poverty, the entire Na- of investment in an innovation econ- the entire West Coast. They go from tion, all income strata, are challenged omy. When we talk about growing jobs Vancouver all the way down to San by that. We are all weakened by that and investing in the American worker, Diego with their radio signal, and it statistic because as we empower each think of it, the linchpin to energy inde- was a whole day dedicated to food and every American, we, as a nation, pendence, battery manufacturing, ad- banks and raising money for food collectively grow stronger. The impact vanced battery manufacturing. banks. is not only just living in poverty, it is The story line was very simple. Food b 2050 more incidents of disease, risks to banks are being inundated by men and health care and poorer education. We I see it happening in my district. But women that can no longer buy food. need to strengthen the homes. You it started with R&D. It starts with an They are unemployed. They are simply don’t do it with policies that obviously investment of ideas, moving them to a point where they cannot any have created this growing divide. That along and building the prototype. longer. The stories were heart-wrench- gap is growing between the com- You mentioned earlier that my dis- ing. Men and women, families that had fortable and uncomfortable, and it’s trict was the host territory to the In- worked their entire life, that had al- why there has to be this revisitation, if dustrial Revolution. That didn’t just ways been able to come home with food you will, of tax policy. happen. There were people with bold- and a paycheck and been able to pay Now there are those who say, well, if ness that said, let’s create a port called the rent or pay the mortgage had lost you adjust this, it’s class warfare. It’s New York City, and let it connect the their job, and they didn’t know what to not class warfare. If everything were at great ocean to the Great Lakes. Be- do. They were embarrassed to go to the its even level and you adjusted it, you cause of my location, my geography, food bank. They thought it was beg- could call it class warfare. This is an upstate New York became that link to ging. That’s not the case. exercise in justice, social and economic a great ocean, to the Great Lakes. It Nonetheless, the stories tore me justice. And it also can be argued that inspired the birth of a necklace of com- apart and caused me to come back and if we had those higher tax rates and we munities called mill towns that then find out about child poverty in this Na- had a series of years of economic rose to be the epicenters of invention tion, the richest nation in the world. growth in the Clinton years, then how and innovation. That pioneer spirit is No other nation, no matter what you do you rationalize the tax rates having alive today in my State, in your State, think of China, no matter what you been higher back then? It certainly and in the 48 other States. We should think about India and how they have could be argued that it didn’t ward off be proud of that. We should nurture it. grown or any part of the European economic growth, economic strength- We should make certain that it speaks Union, no other nation in the world has ening of our Nation. forcefully to job creation. That’s the the wealth of America, and no other in- So there is a call here, a clarion call, plan of the President’s American Jobs dustrialized country in the world has a wake-up call to visit policy that will

VerDate Mar 15 2010 02:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.062 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE September 20, 2011 CONGRESSIONAL RECORD — HOUSE H6269 undo this social and economic injus- that they participate, that they no manufacturing base. Rebuild the Amer- tice. It hurts all of us, and it can’t con- longer would be able to have a tax rate ican middle class. We will do it. And if tinue. I know that in the stats that you lower than their assistants. That’s the we pass the American Jobs Act, it can shared there is another one, another Buffett Rule. That’s a big piece of it, happen very quickly. statistic that is troublesome. We have about $800 billion over the next decade. I yield back the balance of my time. now dropped below $50,000 as the me- He also said that corporations that f dian household income. I believe we are pay no income tax today—corporations in the range of $48,000 to $49,000, maybe like General Motors, corporations like REPORT ON RESOLUTION PRO- perhaps just slightly more than $49,000. Verizon, some of America’s biggest cor- VIDING FOR CONSIDERATION OF That is troublesome. As that median porations pay zero income tax. Last SENATE AMENDMENT TO H.R. continues to dip, that is a hurtful ac- year, General Electric paid zero and 2608, CONTINUING APPROPRIA- knowledgment that there are failed got about $5 billion back in rebates. TIONS ACT, 2012 policies out there that need to be Something is seriously wrong, the Mr. WOODALL (during the Special turned around. President says. That cannot happen Order of Mr. GARAMENDI), from the Mr. GARAMENDI. Let me put a cou- anymore. Everybody has to partici- Committee on Rules, submitted a priv- ple of more facts on the table and then pate. ileged report (Rept. No. 112–212) on the let’s talk about the policy changes that He also said that other tax breaks for resolution (H. Res. 405) providing for can redirect that. This is the last 40 the oil companies should end. So put- consideration of the Senate amend- years, 1979 to 2006, prior to the Great ting together these tax increases on ment to the bill (H.R. 2608) to provide Recession. During that period of time, those who have much, the super- for an additional temporary extension there was a shift of wealth and of in- wealthy in America, the hedge fund of programs under the Small Business come, wealth and of income, from the manager that pays 15 percent on his in- Act and the Small Business Investment middle class and the low-income to the come where you and I and others may Act of 1958, and for other purposes, very wealthy. This lays it out. Again, pay 30 percent, something’s wrong which was referred to the House Cal- this is prior to the Great Recession. If here. So that’s what he is recom- endar and ordered to be printed. we look at it in the Great Recession, mending. f these statistics are even more star- We need to move very vigorously for- REPORT ON RESOLUTION PRO- tling. ward on the American Jobs Act, put people back to work, and simulta- VIDING FOR CONSIDERATION OF b 2100 neously solve the overall budget deficit H.R. 2401, TRANSPARENCY IN For the low end, the poorest, 11 per- by not only new taxes, but also with REGULATORY ANALYSIS OF IM- cent growth. And then you move up to additional cuts. That’s the President’s PACTS ON THE NATION ACT OF the second group, 18 percent, 21 per- proposal. 2011 cent, 32 percent. For the top percent- Mr. TONKO. I would add to that that Mr. WOODALL (during the Special age, the top 20 percent, a 256 increase the jobs piece is so significant. Because Order of Mr. GARAMENDI), from the in income and wealth. we can talk about tax reform, but un- Committee on Rules, submitted a priv- Looking at the statistics, a wage less you have a job and an income, then ileged report (Rept. No. 112–213) on the earner in a factory versus the CEO, it it renders itself somewhat meaningless. resolution (H. Res. 406) providing for used to be 1 to 40, now it’s 1 to 300. I would also add, Representative consideration of the bill (H.R. 2401) to We’ve seen an enormous shift in wealth GARAMENDI, the concern that as more require analyses of the cumulative and from the working middle class families and more pressure has befallen the 50 incremental impacts of certain rules to the very, very wealthy. If you over- States, we’ve seen cuts to programs and actions of the Environmental Pro- lay this with the 2007, 2008, 2009, and and resources. These services don’t go tection Agency, and for other purposes, where we are today in 2011, it would be away, and so the payment comes down which was referred to the House Cal- even more startling because now these to the local level with property tax endar and ordered to be printed. are running negative, as you said just a payments that are now snuffing out the f moment ago. For the middle class, American Dream for America’s work- that’s here and down, not the top 20 ing families, for the middle class. So LEAVE OF ABSENCE percent, but down here, this is the top not only is the tax policy suffocating By unanimous consent, leave of ab- 1 percent. for middle class Americans, but the sence was granted to: Mr. TONKO. So pre-recession, we counter effect of property taxes grow- Mr. RYAN of Wisconsin (at the re- were 32 percent at the best, anywhere ing in order to continue services means quest of Mr. CANTOR) for today on ac- from 11 percent to 32 percent growth, that more and more pressure—income count of a death in the family. versus 256 percent growth for that top tax, property tax pressure, school tax Ms. BUERKLE (at the request of Mr. 1 percent perched at the top of the eco- pressure—is befalling the middle class. CANTOR) for today on account of offi- nomic ladder, the income strata. When people want to walk away from cial business. Mr. GARAMENDI. We use Donald this agenda to make progressive re- Mr. REICHERT (at the request of Mr. Trump as the example here, but there forms to tax policy, it scares me be- CANTOR) for today and the remainder of are probably 400 to 500,000 that fall into cause this is our moment, our tipping the week on account of illness. this category; extraordinary wealth. point to turn things around. Mr. BACA (at the request of Ms. Now, we’ve been talking all night I know that you want to close. I PELOSI) for today on account of per- about the American Jobs Act, so I’m thank you for the outstanding leader- sonal reasons. going to put this back up for us to pon- ship in bringing us together, Rep- f der for a moment: the American Jobs resentative GARAMENDI. It is always a Act. Total cost of the American Jobs pleasure to join with you. We will con- A BILL PRESENTED TO THE Act: $450 million. The President yester- tinue to forcefully speak to the reforms PRESIDENT day said it can be paid for, and he laid we need. Karen L. Haas, Clerk of the House re- out a way to pay for it and, simulta- Mr. GARAMENDI. The East-West ports that on September 12, 2011 she neously, over the next decade, bring show will continue, and the Make It in presented to the President of the down the American deficit—solve the America agenda will be the American United States, for his approval, the fol- deficit and pay for the Jobs Act. And agenda because Americans want to lowing bill. he said that there are three ways to do make things in this country. They H.R. 1249. To amend title 35, United States it: want to rebuild the manufacturing in- Code, to provide for patent reform. First, those who have much must dustry. The President has given us a f participate. They must share in bring- way to do that with the American Jobs ing America back. So he has suggested Act. Trade policy, tax policy, energy, ADJOURNMENT that the highest income, that 1 per- labor, Make It in America. Make the Mr. TONKO. Madam Speaker, I move cent, those who make over $1 million, jobs in America. Rebuild America’s that the House do now adjourn.

VerDate Mar 15 2010 02:12 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K20SE7.064 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6270 CONGRESSIONAL RECORD — HOUSE September 20, 2011 The motion was agreed to; accord- Patient Protection and Affordable Care Act (FAIR Act), the Board’s inventory of ingly (at 9 o’clock and 5 minutes p.m.), (RIN: 1210-AB44) received August 12, 2011, commerical activities for 2010; to the Com- under its previous order, the House ad- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Oversight and Government Re- mittee on Education and the Workforce. form. journed until tomorrow, Wednesday, 3145. A letter from the Deputy Director for 3155. A letter from the Chairman, National September 21, 2011, at 10 a.m. for morn- Policy, Pension Benefit Guaranty Corpora- Transportation Safety Board, transmitting ing-hour debate. tion, transmitting the Corporation’s final the Board’s Annual No FEAR Report to Con- f rule — Benefits Payable in Terminated Sin- gress for Fiscal Year 2010; to the Committee gle-Employer Plans; Interest Assumptions on Oversight and Government Reform. EXECUTIVE COMMUNICATIONS, for Paying Benefits received August 10, 2011, 3156. A letter from the Acting Chief, Divi- ETC. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sion of Habitat and Resource Conservation, Under clause 2 of rule XIV, executive mittee on Education and the Workforce. Department of Interior, transmitting the De- partment’s final rule — Marine Mammals; communications were taken from the 3146. A letter from the Assistant General Counsel for Legislation, Regulation and En- Incidental Take During Specified Activities Speaker’s table and referred as follows: ergy Efficiency, Department of Energy, [Docket No.: FWS-R7-FHC-2010-0098] (RIN: 3135. A communication from the President transmitting the Department’s final rule — 1018-AX32) received August 5, 2011, pursuant of the United States, transmitting a budget Energy Efficiency Design Standards for New to 5 U.S.C. 801(a)(1)(A); to the Committee on request for disaster response needs through Federal Commercial and Multi-Family High- Natural Resources. Fiscal Year (FY) 2012; (H. Doc. No. 112—56); Rise Residential Buildings and New Federal 3157. A letter from the Acting Chief — En- to the Committee on Appropriations and or- Low-Rise Residential Buildings [Docket No.: dangered Species Branch of Listing, Depart- dered to be printed. EERE-2011-BT-STD-0005] (RIN: 1904-AC41) re- ment of the Interior, transmitting the Ad- 3136. A letter from the Under Secretary, ceived August 6, 2011, pursuant to 5 U.S.C. ministration’s final rule — Endangered and Department of Defense, transmitting the De- 801(a)(1)(A); to the Committee on Energy and Threatened Wildlife and Plants; Emergency partment’s quarterly report entitled, ‘‘Ac- Commerce. Listing of the Miami Blue Butterfly as En- ceptance of contributions for defense pro- 3147. A letter from the Secretary, Depart- dangered, and Emergency Listing of the grams, projects, and activities; Defense Co- ment of Health and Human Services, trans- Cassius Blue, Ceraunus Blue, and Nickerbean operation Account’’, for the period ending mitting report to Congress on the Backlog of Blue Butterflies as Threatened Due to Simi- June 30, 2011; to the Committee on Armed Postmarketing Requirements (PMRs) and larity of Appearance to the Miami Blue But- Services. Postmarketing Commitments (PMCs) for terfly [Docket No.: FWS-R4-ES-2011-0043] 3137. A letter from the Principal Deputy, 2011; to the Committee on Energy and Com- (RIN: 1018-AX83) received August 5, 2011, pur- Department of Defense, transmitting author- merce. suant to 5 U.S.C. 801(a)(1)(A); to the Com- ization of Rear Admiral (lower half) David G. 3148. A letter from the Chief of Staff, Media mittee on Natural Resources. 3158. A letter from the Deputy Assistant Simpson, United States Navy, to wear the Bureau, Federal Communications Commis- Administrator for Operations, NMFS, Na- authorized insignia of the grade of rear ad- sion, transmitting the Commission’s final tional Oceanic and Atmospheric Administra- miral; to the Committee on Armed Services. rule — Amendment of Section 73.202(b), tion, transmitting the Administration’s final 3138. A letter from the Director, Defense Table of Allotments, FM Broadcast Stations, rule — Endangered and Threatened Wildlife Procurement and Acquisition Policy, De- (Gearhart, Madras, Manzanita, and Seaside, and Plants; Endangered Status for the partment of Defense, transmitting the De- Oregon) Station KNRQ-FM, to Change Com- Largetooth Sawfish [Docket No.: 0906221082- partment’s final rule — Defense Federal Ac- munity of License from Tualatin to Aloha, 0484-03] (RIN: 0648-XQ03) received July 25, quisition Regulations Supplement; Contrac- Oregon [MB Docket No.: 10-118] (RM-11603) 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the tors Performing Private Security Functions (RM-11631) (File No. BMPH-20100805AKO) re- Committee on Natural Resources. (DFARS Case 2011-D023) (RIN: 0750-AH28) received August 9, 2011, pursuant to 5 U.S.C. ceived August 9, 2011, pursuant to 5 U.S.C. 3159. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Energy and for Employment and Training Administra- 801(a)(1)(A); to the Committee on Armed Commerce. tion, Department of Labor, transmitting the Services. 3149. A letter from the Chief of Staff, Media 3139. A letter from the Director, Defense Department’s final rule — Wage Method- Bureau, Federal Communications Commis- ology for the Temporary Non-Agricultural Procurement and Acquisition Policy, De- sion, transmitting the Commission’s final Employment H-2B Program; Amendment of partment of Defense, transmitting the De- rule — Amendment of Section 73.622(i), Post- Effective Date (RIN: 1205-AB61) received Au- partment’s final rule — Defense Federal Ac- Transition Table of DTV Allotments, Tele- gust 10, 2011, pursuant to 5 U.S.C. quisition Regulations Supplement; Nonavail- vision Broadcast Stations (Eau Claire, Wis- 801(a)(1)(A); to the Committee on the Judici- ability Exception for Procurement of Hand consin) [MB Docket No.: 11-100] (RM-11632) ary. or Measuring Tools (DFARS Case 2011-D025) received August 9, 2011, pursuant to 5 U.S.C. 3160. A letter from the Senior Program An- (RIN: 0750-AH17) received August 11, 2011, 801(a)(1)(A); to the Committee on Energy and alyst, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Commerce. mitting the Department’s final rule — mittee on Armed Services. 3150. A letter from the Deputy Chief, CGB, Standard Instrument Approach Procedures, 3140. A letter from the Regulatory Spe- Federal Communications Commission, trans- and Takeoff Minimums and Obstacle Depar- cialist, LRA, Department of the Treasury, mitting the Commission’s final rule — Struc- ture Procedures; Miscellaneous Amendments transmitting the Department’s final rule — ture and Practices of the Video Relay Serv- [Docket No.: 30793; Amdt. No. 3435] received Office of Thrift Supervision Integration Pur- ice Program [CG Docket No.: 10-51] received August 5, 2011, pursuant to 5 U.S.C. suant to the Dodd-Frank Wall Street Reform August 9, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- and Consumer Protection Act (RIN: 1557- 801(a)(1)(A); to the Committee on Energy and tation and Infrastructure. AD47) received August 9, 2011, pursuant to 5 Commerce. 3161. A letter from the Senior Program An- U.S.C. 801(a)(1)(A); to the Committee on Fi- 3151. A letter from the Director, Office of alyst, Department of Transportation, trans- nancial Services. Congressional Affairs, Nuclear Regulatory mitting the Department’s final rule — 3141. A letter from the Chairman and Presi- Commission, transmitting the Commission’s Standard Instrument Approach Procedures, dent, Export-Import Bank, transmitting a final rule — Guidance for the Assessment of and Takeoff Minimums and Obstacle Depar- report on transactions involving U.S. exports Beyond-Design-Basis Aircraft Impacts (Reg- ture Procedures; Miscellaneous Amendments to Chile pursuant to Section 2(b)(3) of the ulatory Guide 1.217) received August 10, 2011, [Docket No.: 30792; Amdt. No. 3434] received Export-Import Bank Act of 1945, as amended; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- August 5, 2011, pursuant to 5 U.S.C. to the Committee on Financial Services. mittee on Energy and Commerce. 801(a)(1)(A); to the Committee on Transpor- 3142. A letter from the Chairman and Presi- 3152. A letter from the Assistant Legal Ad- tation and Infrastructure. dent, Export-Import Bank, transmitting a viser for Treaty Affairs, Department of 3162. A letter from the Senior Program An- report on transactions involving U.S. exports State, transmitting report prepared by the alyst, Department of Transportation, trans- to India pursuant to Section 2(b)(3) of the Department of State concerning inter- mitting the Department’s final rule — FIR Export-Import Bank Act of 1945, as amended; national agreements other than treaties en- Altitudes; Miscellaneous Amendments to the Committee on Financial Services. tered into by the United States to be trans- [Docket No.: 30794; Amdt. No. 495] received 3143. A letter from the Secretary, Depart- mitted to the Congress within the sixty-day August 30, 2011, pursuant to 5 U.S.C. ment of Energy, transmitting the annual re- period specified in the Case-Zablocki Act; to 801(a)(1)(A); to the Committee on Transpor- port under the Federal Managers’ Financial the Committee on Foreign Affairs. tation and Infrastructure. Integrity Act for FY 2008 and 2009, pursuant 3153. A letter from the Chairman, Par- 3163. A letter from the Assistant Adminis- to 31 U.S.C. 3512(c)(3); to the Committee on liament of the Republic of Moldova, trans- trator for Procurement, National Aero- Energy and Commerce. mitting a letter wishing peace and pros- nautics and Space Administration, transmit- 3144. A letter from the Assistant Secretary, perity for the United States on Independence ting the Administration’s final rule — NASA Employee Benefits Security Administration, Day; to the Committee on Foreign Affairs. Implementation of Federal Acquisition Reg- Department of Labor, transmitting the De- 3154. A letter from the Chairman, National ulation (FAR) Award Fee Language Revision partment’s final rule — Group Health Plans Transportation Safety Board, transmitting (RIN: 2700-AD69) received August 10, 2011, and Health Insurance Issuers Relating to in accordance with Pub. L. 105-270, the Fed- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Coverage of Preventive Services Under the eral Activities Inventory Reform Act of 1998 mittee on Science, Space, and Technology.

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3164. A letter from the Assistant Adminis- By Mr. BACA (for himself, Mr. ISRAEL, BROOKS, Mrs. ROBY, Mr. PITTS, Mr. trator for Procurement, National Aero- Mr. SERRANO, Ms. NORTON, Mr. GRI- KINGSTON, Mr. PAUL, and Mr. nautics and Space Administration, transmit- JALVA, Ms. BORDALLO, Mr. CONYERS, RIBBLE): ting the Administration’s final rule — Major Ms. LEE, Ms. EDWARDS, Mr. ACKER- H.R. 2978. A bill to amend the National System Acquisition; Earned Value Manage- MAN, Mrs. MCCARTHY of New York, Labor Relations Act to modify the authority ment (RIN: 2700-AD29) received August 10, Ms. WOOLSEY, Mr. BRADY of Pennsyl- of the National Labor Relations Board with vania, and Mr. RUNYAN): 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the respect to rulemaking, issuance of com- Committee on Science, Space, and Tech- H.R. 2970. A bill to award a Congressional plaints, and authority over unfair labor prac- nology. Gold Medal in recognition of Alice Paul’s tices; to the Committee on Education and 3165. A letter from the Director of Regula- role in the women’s suffrage movement and the Workforce. tion Policy and Management, Office of the in advancing equal rights for women; to the By Mr. SMITH of New Jersey (for him- General Counsel, Department of Veterans Af- Committee on Financial Services. self and Mr. ROTHMAN of New Jersey): fairs, transmitting the Department’s final By Mr. HULTGREN: rule — Release of Information from Depart- H.R. 2971. A bill to amend titles 23, 45, and H.R. 2979. A bill to defer mortgage payment of Veterans Affairs Records (RIN: 2900- 49, United States Code, to encourage the use ment due dates and to prohibit creditors AN72) received August 16, 2011, pursuant to 5 of private-public partnerships in transpor- from imposing late fees, increasing interest U.S.C. 801(a)(1)(A); to the Committee on Vet- tation; to the Committee on Transportation rates, or submitting adverse credit informa- erans’ Affairs. and Infrastructure, and in addition to the tion with regard to the account of a mort- Committees on Oversight and Government f gage holder whose principal residence has Reform, and Ways and Means, for a period to been severely impacted by a natural disaster REPORTS OF COMMITTEES ON be subsequently determined by the Speaker, for up to a 90-day period following issuance PUBLIC BILLS AND RESOLUTIONS in each case for consideration of such provi- of a disaster declared by the Presidential for sions as fall within the jurisdiction of the the area in which the mortgage holder’s Under clause 2 of rule XIII, reports of committee concerned. principal residence is located, and for other committees were delivered to the Clerk By Mr. LARSEN of Washington (for purposes; to the Committee on Financial for printing and reference to the proper himself and Mr. HIGGINS): Services. calendar, as follows: H.R. 2972. A bill to permanently reauthor- By Mr. TONKO: ize the EB-5 Regional Center Program; to the Mr. WOODALL: Committee on Rules. Committee on the Judiciary. H.R. 2980. A bill to limit reimbursement for House Resolution 405. Resolution providing By Mr. MATHESON: excessive compensation of government con- for consideration of the Seante amendment H.R. 2973. A bill to direct the Secretary of tractors equal to the pay of Cabinet Secre- to the bill (H.R. 2608) to provide for an addi- the Interior to extend an exemption from taries; to the Committee on Oversight and tional temporary extension of programs certain requirements of the Endangered Spe- Government Reform, and in addition to the under the Small Business Act and the Small cies Act of 1973 to protect public health and Committee on Armed Services, for a period Business Investment Act of 1958, and for safety; to the Committee on Natural Re- to be subsequently determined by the Speak- other purposes (Rept. 112–212). Referred to sources. er, in each case for consideration of such pro- the House Calendar. By Ms. MOORE (for herself and Ms. visions as fall within the jurisdiction of the Mr. BISHOP of Utah: Committee on Rules. LEE): committee concerned. House Resolution 406. Resolution providing H.R. 2974. A bill to amend title 49, United By Mr. BRADY of Texas: for consideration of the bill (H.R. 2401) to re- States Code, to require that not less than 10 quire analyses of the cumulative and incre- H. Res. 403. A resolution honoring those percent of the amounts made available for persons whose lives have been taken by bac- mental impacts of certain rules and actions certain high-speed rail projects be expended terial meningitis and those who continue to of the Environmental Protection Agency, through small business concerns owned and struggle with bacterial meningitis and its and for other puropses (Rept. 112–213). Re- controlled by socially and economically dis- consequences, and supporting all work for ferred to the House Calendar. advantaged individuals, and for other pur- the eradication of bacterial meningitis in f poses; to the Committee on Transportation the United States; to the Committee on En- and Infrastructure, and in addition to the ergy and Commerce. PUBLIC BILLS AND RESOLUTIONS Committee on Small Business, for a period By Ms. LORETTA SANCHEZ of Cali- to be subsequently determined by the Speak- Under clause 2 of rule XII, public fornia: bills and resolutions of the following er, in each case for consideration of such pro- titles were introduced and severally re- visions as fall within the jurisdiction of the H. Res. 404. A resolution recognizing the service and sacrifice of members of the ferred, as follows: committee concerned. By Mr. NADLER: Armed Forces and veterans who are Latino; By Mr. CUMMINGS (for himself and H.R. 2975. A bill to authorize the Secretary to the Committee on Armed Services. Mr. LYNCH): of the Interior to enter into an agreement By Mr. BURTON of Indiana (for him- H.R. 2967. A bill to enhance the long-term with the Battery Conservancy to construct self, Ms. DELAURO, Mr. YOUNG of profitability of the United States Postal and operate a performance facility at Castle Florida, Mr. ISRAEL, Ms. MATSUI, Mr. Service through enhanced innovation, oper- Clinton National Monument, and for other CLARKE of Michigan, Ms. RICHARD- ational flexibility, workforce realignment, purposes; to the Committee on Natural Re- SON, Mr. CARNAHAN, Mr. BARLETTA, and regulatory relief; to the Committee on sources. Mr. RUSH, Ms. MCCOLLUM, Mr. CAR- Oversight and Government Reform. By Mr. ROTHMAN of New Jersey (for DOZA, Mr. RYAN of Ohio, Mr. By Mr. WITTMAN: himself and Mr. KING of New York): CHAFFETZ, Mr. REED, Mr. LEVIN, Ms. H.R. 2968. A bill to require the Secretary of H.R. 2976. A bill to enhance public safety HOCHUL, Mr. BOSWELL, Mr. CONNOLLY the Treasury to mint coins in commemora- by making more spectrum available to pub- of Virginia, Mr. BUTTERFIELD, Mr. tion of President James Monroe, and for lic safety agencies, to facilitate the develop- DONNELLY of Indiana, Mr. KILDEE, other purposes; to the Committee on Finan- ment of a wireless public safety broadband Mrs. DAVIS of California, Mrs. LOWEY, cial Services. network, to provide standards for the spec- Mr. CRAWFORD, Mr. PETERS, Ms. By Mr. BURGESS (for himself, Mr. trum needs of public safety agencies, and for BORDALLO, Ms. WASSERMAN SCHULTZ, KIND, Mr. LEWIS of California, Mrs. other purposes; to the Committee on Energy Mrs. MALONEY, Ms. MOORE, Ms. TSON- BLACKBURN, Mr. HIMES, Mr. LATHAM, and Commerce. GAS, Ms. CASTOR of Florida, Ms. HER- Mr. SMITH of New Jersey, Mr. ROGERS By Mr. SCHWEIKERT (for himself, Mr. RERA BEUTLER, Ms. WOOLSEY, Mr. of Michigan, Mr. HURT, Mr. YOUNG of HENSARLING, and Mr. LUETKEMEYER): BERMAN, Ms. SCHAKOWSKY, Mr. HIN- Florida, Mr. LANCE, Mr. BACHUS, Mr. H.R. 2977. A bill to improve the circulation CHEY, and Ms. SLAUGHTER): MCKINLEY, Mr. KILDEE, Ms. SCHA- of $1 coins, to remove barrier to the circula- H. Res. 407. A resolution expressing support KOWSKY, Mr. BOREN, Mr. STARK, Mr. tion of such coins, and for other purposes; to for designation of September 2011 as Na- INSLEE, and Mr. LEWIS of Georgia): the Committee on Financial Services. H.R. 2969. A bill to amend title XVIII of the By Mr. AUSTIN SCOTT of Georgia (for tional Ovarian Cancer Awareness Month; to the Committee on Oversight and Govern- Social Security Act to provide for extended himself, Mr. WESTMORELAND, Mrs. ment Reform. months of Medicare coverage of immuno- BLACKBURN, Mr. NUNNELEE, Mr. WIL- By Ms. CLARKE of New York (for her- suppressive drugs for kidney transplant pa- SON of South Carolina, Mr. self, Mr. RANGEL, Mr. TOWNS, and tients and other renal dialysis provisions; to MULVANEY, Mr. LONG, Mr. ROSS of Mrs. CHRISTENSEN): the Committee on Energy and Commerce, Florida, Mr. BROUN of Georgia, Mr. and in addition to the Committee on Ways FLEISCHMANN, Mrs. ELLMERS, Mr. H. Res. 408. A resolution recognizing the and Means, for a period to be subsequently CANSECO, Mr. LANDRY, Mr. DUNCAN of impact of Mr. Hulbert James on politics, determined by the Speaker, in each case for South Carolina, Mr. FLORES, Mr. urban development, and New York City, and consideration of such provisions as fall with- FLEMING, Mr. FRANKS of Arizona, Mr. paying tribute to Mr. Hulburt for his life- in the jurisdiction of the committee con- FARENTHOLD, Mr. CRAWFORD, Mrs. time of public service; to the Committee on cerned. BLACK, Mr. GINGREY of Georgia, Mr. Financial Services.

VerDate Mar 15 2010 03:01 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\L20SE7.000 H20SEPT1 PWALKER on DSK5TPTVN1PROD with HOUSE H6272 CONGRESSIONAL RECORD — HOUSE September 20, 2011 MEMORIALS The power granted to Congress under Arti- Congress’ power under Article 1, Section 8, cle 1, Section 8, Clause 1 and Article 1, Sec- Clause 18 of the United States Constitution. Under clause 4 of rule XXII, memo- tion 8, Clause 7 of the United States Con- By Mr. NADLER: rials were presented and referred as fol- stitution. H.R. 2975. lows: By Mr. WITTMAN: Congress has the power to enact this legis- 130. The SPEAKER presented a memorial H.R. 2968. lation pursuant to the following: of the Legislature of the State of California, Congress has the power to enact this legis- Article 1, section 8, clauses 1, 17, and 18. relative to Assembly Joint Resolution No. 7 lation pursuant to the following: By Mr. ROTHMAN of New Jersey: commending its educators who teach about Article I. Section 8 of the Constitution of H.R. 2976. human rights and genocide; to the Com- the United States grants Congress the au- Congress has the power to enact this legis- mittee on Foreign Affairs. thority to coin money, regulate the value lation pursuant to the following: 131. Also, a memorial of the Legislature of and fix the standard of weights and meas- Article I, Section 8, Clause 1: The Congress the State of California, relative to Assembly ures. shall have Power to lay and collect Taxes, Joint Resolution No. 11 urging the defeat of By Mr. BURGESS: Duties, Imposts and Excises, to pay the H.R. 1161; to the Committee on the Judici- H.R. 2969. Debts and provide for the common Defense ary. Congress has the power to enact this legis- and general Welfare of the United States; but 132. Also, a memorial of the House of Rep- lation pursuant to the following: all Duties, Imposts and Excises shall be uni- resentatives of the State of New Hampshire, The attached bill is constitutional under form throughout the United States. relative to House Concurrent Resolution 9 Article I, Section 8, Clause 3: ‘‘To regulate Article I, Section 8, Clause 18: The Con- urging the President and the Congress to im- Commerce with foreign Nations, and among gress shall have Power to make all Laws mediately address the serious privacy, con- the several States, and with the Indian which shall be necessary and proper for car- stitutional, safety, and religious freedom Tribes’’ as well as Article 1, Section 8, Clause rying into Execution the forgoing Powers, concerns presented by advanced imaging 1: ‘‘The Congress shall have Power To lay and all other Powers vested by this Constitu- technology employed by the Transportation and collect Taxes, Duties, Imposts and Ex- tion in the Government of the United States Security Agency; to the Committee on cises, to pay the Debts and provide for the or in any Department or Officer thereof. Homeland Security. common Defence and general Welfare of the By Mr. SCHWEIKERT: 133. Also, a memorial of the Legislature of United States; but all Duties, Imposts and H.R. 2977. the State of California, relative to Assembly Excises shall be uniform throughout the Congress has the power to enact this legis- Joint Resolution No. 10 supporting the United States.’’ lation pursuant to the following: school-based health center program; jointly By Mr. BACA: Article I, Section 8, (‘‘The Congress shall to the Committees on Energy and Commerce H.R. 2970. have Power To . . . coin money, regulate the and Education and the Workforce. Congress has the power to enact this legis- value thereof, and of foreign coin, and fix the 134. Also, a memorial of the Senate of the lation pursuant to the following: standard of weights and measures.’’ State of Hawaii, relative to Senate Resolu- Clause 18 of Section 8 of Article 1 of the By Mr. AUSTIN SCOTT of Georgia: tion No. 90 opposing the budget cuts pro- Constitution—To make all Laws which shall H.R. 2978. posed by the President and the Congress; be necessary and proper for carrying into Congress has the power to enact this legis- jointly to the Committees on Foreign Affairs Execution the foregoing Powers, and all lation pursuant to the following: and Energy and Commerce. other Powers vested by this Constitution in Article I, section 8 of the Constitution of 135. Also, a memorial of the Senate of the the Government of the United States or in the United States. State of Hawaii, relative to Senate Resolu- any Department or Officer thereof. By Mr. SMITH of New Jersey: tion No. 27 urging the Congress to provide By Mr. HULTGREN: H.R. 2979. additional federal aid to the State of Hawaii H.R. 2971. Congress has the power to enact this legis- for the provision of various state services to Congress has the power to enact this legislation pursuant to the following: migrants from the Compact of Free Associa- lation pursuant to the following: The constitutional authority on which this Article I, Section 8, Clause 3. tion nations; jointly to the Committees on bill is based is Congress’s power under Arti- By Mr. LARSEN of Washington: Foreign Affairs and Energy and Commerce. cle I, Section 8, Clauses 3 and 18 of the Con- H.R. 2972. 136. Also, a memorial of the Senate of the stitution. Congress has the power to enact this legis- State of Hawaii, relative to Senate Concur- By Mr. TONKO: rent Resolution No. 53 urging the Congress lation pursuant to the following: Under Article 1, Section 2 of the Constitu- H.R. 2980. to provide additional federal aid to the State Congress has the power to enact this legis- of Hawaii for the provision of various state tion, ‘‘the House of Representatives shall be composed of Members chosen every second lation pursuant to the following: services to migrants from the Compact of Article I, Section 1, Free Association nations; jointly to the Year by the People of the several States.’’ As described in Article 1, Section 1 ‘‘all legisla- All legislative Powers herein granted shall Committees on Foreign Affairs and Energy be vested in a Congress of the United States, and Commerce. tive powers herein granted shall be vested in a Congress.’’ I was elected in 2010 to serve in which shall consist of a Senate and House of 137. Also, a memorial of the Council of the Representatives. City of District of Columbia, relative to Res- the 112th Congress as certified by the Sec- olution 19-143 proposing a transfer of juris- retary of State of Washington state. f Article III, Section 2 states that the Su- diction; jointly to the Committees on Over- ADDITIONAL SPONSORS sight and Government Reform and Natural preme Court has ‘‘the judicial power’’ that Resources. ‘‘shall extend to all cases, in law and equity, Under clause 7 of rule XII, sponsors 138. Also, a memorial of the Council of the arising under this Constitution, the laws of were added to public bills and resolu- the United States.’’ Article II, Section 1 of City of District of Columbia, relative to pro- tions as follows: posing a transfer of jurisdiction; jointly to the Constitution provides that the Supreme the Committees on Oversight and Govern- Court is the supreme law of the land when H.R. 85: Ms. WOOLSEY. ment Reform and Natural Resources. stating ‘‘The judicial power of the United H.R. 100: Mr. NUGENT. 139. Also, a memorial of the Legislature of States, shall be vested in one supreme H.R. 178: Mr. LONG and Ms. EDWARDS. the State of California, relative to Assembly Court.’’ H.R. 181: Mr. ROE of Tennessee. Joint Resolution No. 12 requesting the enact- The power of judicial review of the Su- H.R. 186: Mr. COFFMAN of Colorado. ment of the Federal Strengthening Medicare preme Court was upheld in Marbury v Madi- H.R. 218: Mrs. CHRISTENSEN, Ms. WOOLSEY, and Repaying Taxpayers Act of 2011; jointly son in 1803, giving the Supreme Court the au- Mr. FALEOMAVAEGA, and Mr. TOWNS. to the Committees on Ways and Means and thority to strike down any law it deems un- H.R. 303: Mr. COSTELLO, Mr. BENISHEK, and Energy and Commerce. constitutional. Members of Congress, having Mr. COFFMAN of Colorado. been elected and taken the oath of office, are H.R. 363: Mrs. DAVIS of California. f given the authority to introduce legislation H.R. 370: Ms. WASSERMAN SCHULTZ. CONSTITUTIONAL AUTHORITY and only the Supreme Court, as established H.R. 371: Mr. GARY G. MILLER of California. STATEMENT by the Constitution and precedent, can de- H.R. 402: Mr. LANGEVIN. termine the Constitutionality of this author- H.R. 466: Mr. LYNCH, Ms. ZOE LOFGREN of Pursuant to clause 7 of rule XII of the ity. California, Mr. COOPER, Mr. DAVIS of Ken- Rules of the House of Representatives, the By Mr. MATHESON: tucky, Ms. SLAUGHTER, and Mr. SMITH of following statements are submitted regard- H.R. 2973. Washington. ing the specific powers granted to Congress Congress has the power to enact this legis- H.R. 494: Ms. BALDWIN. in the Constitution to enact the accom- lation pursuant to the following: H.R. 512: Mr. SERRANO and Ms. JACKSON panying bill or joint resolution. The 10th Amendment of the Constitution. LEE of Texas. By Mr. CUMMINGS: By Ms. MOORE: H.R. 530: Mr. FRANK of Massachusetts and H.R. 2967. H.R. 2974. Ms. WOOLSEY. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 538: Mr. GOODLATTE. lation pursuant to the following: lation pursuant to the following: H.R. 615: Mr. HUELSKAMP.

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H.R. 640: Mrs. EMERSON. H.R. 1980: Ms. BORDALLO, Mr. HULTGREN, H.R. 2787: Mr. LUJA´ N and Mr. PASTOR of Ar- H.R. 645: Mr. SCOTT of South Carolina. and Mr. PASCRELL. izona. H.R. 683: Mr. JOHNSON of Georgia and Mrs. H.R. 1996: Mr. HULTGREN, Mr. BRADY of H.R. 2852: Mr. COFFMAN of Colorado. CHRISTENSEN. Texas, Mr. FLORES, Mr. GOHMERT, Mr. FLEM- H.R. 2854: Mr. GIBSON, Ms. FOXX, Mr. STIV- H.R. 733: Mr. JONES and Mr. BARTLETT. ING, and Mr. CANSECO. ERS, Mr. CANSECO, and Mr. WESTMORELAND. H.R. 735: Mr. DESJARLAIS, Mr. MCKEON, and H.R. 2005: Mr. SABLAN, Mrs. MALONEY, Mr. H.R. 2856: Mr. OLVER. Mr. RIVERA. MEEHAN, Mr. HONDA, and Mr. REYES. H.R. 2865: Mr. GARY G. MILLER of Cali- H.R. 760: Mr. CARDOZA and Mr. DENHAM. H.R. 2020: Mr. KISSELL and Mr. MORAN. fornia. H.R. 808: Mr. SERRANO. H.R. 2033: Mrs. LOWEY. H.R. 2866: Ms. RICHARDSON and Mr. COFF- H.R. 835: Mr. BUCHANAN. H.R. 2040: Mrs. LUMMIS, Mr. CAMPBELL, Mr. MAN of Colorado. H.R. 883: Mr. MILLER of North Carolina. COFFMAN of Colorado, Mr. DUNCAN of Ten- H.R. 2881: Mr. CARNAHAN. H.R. 891: Ms. SCHAKOWSKY. nessee, and Mr. GINGREY of Georgia. H.R. 2885: Mr. SESSIONS, Mr. ISSA, and Mr. H.R. 895: Mr. DUNCAN of South Carolina. H.R. 2059: Ms. FOXX, Mr. BONNER, Mr. CAR- WOMACK. H.R. 959: Mr. RIVERA. TER, Mr. MANZULLO, Mr. MARINO, Mrs. H.R. 2888: Mr. JONES and Mr. HUNTER. H.R. 1025: Ms. HERRERA BEUTLER. BLACKBURN, Mrs. BLACK, Mr. MCHENRY, Mr. H.R. 2914: Mr. WELCH and Mr. PAYNE. H.R. 1041: Ms. TSONGAS. CANSECO, Mr. COBLE, and Mr. SENSEN- H.R. 2919: Mr. LONG. H.R. 1042: Mr. ROHRABACHER, Mrs. BONO BRENNER. H.R. 2926: Mr. ROSS of Florida, Mr. WILSON MACK, and Mr. DREIER. H.R. 2068: Mr. GARDNER. of South Carolina, and Mr. CANSECO. H.R. 1063: Mr. COOPER. H.R. 2123: Mr. TIERNEY. H.R. 2948: Mr. GARAMENDI and Ms. WOOL- H.R. 1084: Ms. KAPTUR. H.R. 2134: Mr. TONKO. SEY. H.R. 1085: Mr. HIGGINS. H.R. 2139: Mr. NUNNELEE, Mr. SCHILLING, H.R. 2951: Mr. HUIZENGA of Michigan. H.R. 1106: Mr. BRALEY of Iowa. Mr. AUSTIN SCOTT of Georgia, Mr. ACKERMAN, H.R. 2952: Mr. KLINE and Mr. NUNNELEE. ANSECO H.R. 1167: Mr. C . Mr. HIGGINS, Mr. KEATING, and Mr. BASS of H.R. 2954: Mr. WELCH, Mr. FILNER, and Mr. H.R. 1179: Mr. AKIN, Mr. MANZULLO, Mr. New Hampshire. BECERRA. JOHNSON of Ohio, and Mr. SCOTT of South H.R. 2140: Ms. DELAURO, Ms. MCCOLLUM, H.J. Res. 13: Mr. ROGERS of Alabama and Carolina. and Mr. HINOJOSA. Mr. WOMACK. H.R. 1195: Mr. LOBIONDO. H.R. 2159: Mr. LANGEVIN. H. Con. Res. 72: Mr. OLVER and Ms. CHU. H.R. 1206: Mr. DUFFY, Mrs. MYRICK, Mr. H.R. 2164: Mr. SESSIONS. H. Res. 16: Mr. DUNCAN of South Carolina. GRAVES of Missouri, and Mr. FLEISCHMANN. H.R. 2167: Mr. WELCH, Mr. BOREN, and Mr. H. Res. 130: Ms. LORETTA SANCHEZ of Cali- H.R. 1235: Mr. ROSS of Florida. FITZPATRICK. fornia. H.R. 1259: Mr. PRICE of Georgia. H.R. 2168: Ms. ZOE LOFGREN of California H. Res. 134: Mr. CROWLEY. H.R. 1322: Mr. KUCINICH and Mr. TOWNS. and Ms. SCHAKOWSKY. H. Res. 137: Mr. MARKEY. H.R. 1332: Mr. DEFAZIO, Mr. ALTMIRE, Ms. H.R. 2250: Mr. ROONEY, Mr. FLEISCHMANN, H. Res. 177: Mr. PETERS, Mr. PAYNE, and KAPTUR, Mr. GARY G. MILLER of California, and Mr. KINGSTON. Mr. AUSTRIA. Mr. CHABOT, Mrs. BIGGERT, Mr. COHEN, and H.R. 2257: Mr. MURPHY of Pennsylvania, H. Res. 255: Mr. THOMPSON of Mississippi. Mr. KING of New York. Mr. NUNNELEE, Mr. FORBES, and Mr. WALSH H. Res. 365: Mr. CONYERS. H.R. 1340: Mr. ROSS of Arkansas, Mr. of Illinois. H. Res. 367: Mr. BARLETTA and Mr. CARNEY. FLEISCHMANN, and Mr. WESTMORELAND. H.R. 2308: Mr. GRIMM. H. Res. 394: Mr. GUINTA, Mr. MCCLINTOCK, H.R. 1351: Mr. MANZULLO, Mr. MCKINLEY, H.R. 2324: Ms. MCCOLLUM. Mr. LONG, Mr. AUSTRIA, Mr. GRIMM, Mr. Mr. MILLER of North Carolina, Mr. THOMPSON H.R. 2346: Ms. BALDWIN. SMITH of Texas, Mr. CANSECO, and Mr. CAMP- of Mississippi, and Mr. PRICE of North Caro- H.R. 2349: Mr. BILIRAKIS. BELL. lina. H.R. 2369: Mrs. BLACK, Ms. HERRERA H. Res. 397: Ms. JACKSON LEE of Texas, Mr. H.R. 1370: Mr. FINCHER. BEUTLER, Mrs. EMERSON, Mr. WEBSTER, and LEWIS of Georgia, Ms. BORDALLO, Mr. FARR, H.R. 1389: Mr. SHERMAN. Mr. SCOTT of South Carolina. Mr. CLEAVER, Mr. GONZALEZ, and Mr. CON- H.R. 1465: Ms. SLAUGHTER. H.R. 2381 Mr. RANGEL. YERS. H.R. 1489: Ms. ZOE LOFGREN of California H.R. 2426: Mr. GARY G. MILLER of Cali- and Mr. DEFAZIO. fornia and Mr. JOHNSON of Ohio. H.R. 1509: Mr. PAUL, Mr. DAVIS of Ken- H.R. 2433: Mr. JOHNSON of Ohio. f tucky, and Mr. BUCHANAN. H.R. 2444: Mr. LUJA´ N. H.R. 1547: Mr. PRICE of North Carolina. H.R. 2446: Mr. HUIZENGA of Michigan. CONGRESSIONAL EARMARKS, LIM- H.R. 1550: Mr. LEWIS of Georgia. H.R. 2471: Mrs. MYRICK. ITED TAX BENEFITS, OR LIM- H.R. 1588: Mr. KINGSTON. H.R. 2479: Mr. CICILLINE. H.R. 1606: Mr. KILDEE. H.R. 2492: Mr. HOLT. ITED TARIFF BENEFITS H.R. 1639: Mr. GRIFFITH of Virginia, Mr. H.R. 2497: Mr. SESSIONS. Under clause 9 of rule XXI, lists or GIBBS, and Mr. SENSENBRENNER. H.R. 2501: Mr. COHEN, Mr. HINCHEY, Ms. statements on congressional earmarks, H.R. 1653: Mrs. MILLER of Michigan, Mr. CHU, Mr. OLVER, Mr. GUTIERREZ, Ms. BASS of limited tax benefits, or limited tariff ROGERS of Michigan, Mr. KINZINGER of Illi- California, Mr. LEVIN, and Mr. KUCINICH. benefits were submitted as follows: nois, and Mr. WHITFIELD. H.R. 2512: Mr. AMODEI. H.R. 1683: Mr. KINGSTON. H.R. 2514: Mr. GOWDY. OFFERED BY MR. CAMP H.R. 1704: Mr. PRICE of North Carolina and H.R. 2528: Mrs. EMERSON. The provisions that warranted a referral to Ms. HIRONO. H.R. 2541: Mr. DICKS, Mrs. HARTZLER, Mr. the Committee on Ways and Means, in H.R. H.R. 1723: Mr. LANKFORD. BUTTERFIELD, Mr. PETERSON, Mr. GOODLATTE, 2943, the Short-Term TANF Extension Act, H.R. 1756: Mr. HARRIS. and Mr. JONES. do not contain any congressional earmarks, H.R. 1776: Mr. RANGEL. H.R. 2543: Ms. CHU. limited tax benefits, or limited tariff bene- H.R. 1780: Mr. CICILLINE and Mr. VAN HOL- H.R. 2614: Mr. POLIS. fits as defined in clause 9 of rule XXI. LEN. H.R. 2657: Ms. ZOE LOFGREN of California, H.R. 1792: Ms. SCHWARTZ. Ms. WOOLSEY, Mrs. MALONEY, Mr. BERMAN, OFFERED BY MR. RYAN OF WISCONSIN H.R. 1801: Mr. BILIRAKIS. Mr. KILDEE, Mr. ACKERMAN, Mr. HASTINGS of The provisions that warranted a referral to H.R. 1848: Mr. GARY G. MILLER of Cali- Florida, and Mr. ROTHMAN of New Jersey. the Committee on the Budget, in H.R. 2943, fornia. H.R. 2679: Mr. FARR. the Short-Term TANF Extension Act, do not H.R. 1865: Mr. NUGENT, Mr. AUSTIN SCOTT of H.R. 2681: Mr. AUSTRIA and Mr. BISHOP of contain any congressional earmarks, limited Georgia, Mr. HUELSKAMP, and Mr. BENISHEK. Georgia. tax benefits, or limited tariff benefits as de- H.R. 1903: Ms. WASSERMAN SCHULTZ. H.R. 2721: Mr. HALL and Mr. NADLER. fined in clause 9 of rule XXI. H.R. 1909: Mr. SCHWEIKERT and Ms. MCCOL- H.R. 2731: Mr. DAVIS of Kentucky. The amendment to be offered by Rep- LUM. H.R. 2745: Mr. AMODEI. resentative RUSH, or a designee, to H.R. 2401, H.R. 1946: Mr. WELCH. H.R. 2752: Mr. BENISHEK. the TRAIN Act, does not contain any con- H.R. 1947: Mr. PRICE of North Carolina. H.R. 2772: Mr. GUINTA. gressional earmarks, limited tax benefits, or H.R. 1971: Mr. WELCH and Mr. JOHNSON of H.R. 2774: Mr. HENSARLING, Mr. HARRIS, and limited tariff benefits as defined in clause 9 Georgia. Mrs. MYRICK. of rule XXI.

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Vol. 157 WASHINGTON, TUESDAY, SEPTEMBER 20, 2011 No. 140 Senate The Senate met at 10 a.m. and was Senator from the State of New Hampshire, Senate. There are many issues he gets called to order by the Honorable to perform the duties of the Chair. no credit for that were resolved be- JEANNE SHAHEEN, a Senator from the DANIEL K. INOUYE, cause of his ability to see the big pic- State of New Hampshire. President pro tempore. ture. Mrs. SHAHEEN thereupon assumed We had this big issue dealing with PRAYER the chair as Acting President pro tem- the so-called nuclear option, as to what The Chaplain, Dr. Barry C. Black, of- pore. would happen in the Senate with some fered the following prayer: f of our rules changes. He stepped in, completely out of the limelight, and Let us pray. RECOGNITION OF THE MAJORITY Eternal Lord God, we believe that because of his idea we resolved that LEADER issue. You will never fail or forsake us, but The ACTING PRESIDENT pro tem- There are many other examples such help us to never take Your love and as that. He is a unique person in this faithfulness for granted. Empower our pore. The majority leader is recognized. body. He accomplishes a great deal and Senators to be good stewards of the gets credit for not a lot, and that is un- f many blessings and of the responsibil- fortunate. But that is who he is and ities and opportunities You have given SCHEDULE who he has always been. I know he will them. Lord, open their minds and give Mr. REID. Madam President, fol- continue being a stalwart in the Sen- them a vision of the unlimited possi- ate. I look forward to working with bilities available to those who trust lowing leader remarks, the Senate will be in morning business for an hour. him, but I look forward mostly to his You as their guide. Incline their ears to sense of fairness, which he has been so hear Your voice and fill them with The Republicans will control the first half and the majority will control the very exemplary during my time with Your power, O Lord of Hosts. You are him in the Senate. the King, eternal, immortal, invisible, final half. Following morning business, f who alone is wise. You deserve the the Senate will begin consideration of honor and glory forever and ever. H.R. 2832, which is the Generalized Sys- DON’T ASK, DON’T TELL Amen. tem of Preferences Act that is a vehicle Mr. REID. Madam President, 60 years for trade adjustment assistance that f ago this Nation’s Armed Forces were we are going to be working on. segregated by race. Thirty-five years PLEDGE OF ALLEGIANCE We are going to recess today from ago women were not allowed to attend 12:30 until 2:15 p.m. for our weekly cau- our Nation’s military academies. Until The Honorable JEANNE SHAHEEN, led cus meetings. the Pledge of Allegiance, as follows: today—in fact, last night at midnight— At 2:30 p.m. today, Senator HELLER I pledge allegiance to the Flag of the thousands and thousands of qualified, will be recognized to deliver his maiden dedicated men and women were barred United States of America, and to the Repub- speech in the Senate. lic for which it stands, one nation under God, from military service or expelled from indivisible, with liberty and justice for all. We will work through amendments to the Armed Forces because they were trade adjustment assistance. I will no- honest about their sexual orientation. f tify Senators when votes are scheduled. Today I am glad to say the time has APPOINTMENT OF ACTING f passed when Americans, willing to give their lives to defend this great Nation, PRESIDENT PRO TEMPORE SENATOR LAMAR ALEXANDER could be turned away from service be- The PRESIDING OFFICER. The Mr. REID. Madam President, I see on clerk will please read a communication cause of who they loved. Today, don’t the floor today my friend LAMAR ALEX- to the Senate from the President pro ask, don’t tell is no longer the law of ANDER from the great State of Ten- the land. For 17 years we have asked tempore (Mr. INOUYE). nessee. I just received a news flash that our soldiers to defend a flag that The legislative clerk read the fol- he was going to relinquish his leader- lowing letter: stands for liberty and justice for all, ship position and stay in the Senate and then required some of those sol- U.S. SENATE, and run for reelection. I do not know diers to keep who they were a secret. PRESIDENT PRO TEMPORE, all the reasons for his doing this, but I Washington, DC, September 20, 2011. In too many cases we have robbed them To the Senate: want the record to be spread with the of their right to fight for their country Under the provisions of rule I, paragraph 3, fact that I have found LAMAR ALEX- altogether. of the Standing Rules of the Senate, I hereby ANDER to be one of the most thoughtful Listen to this staggering number: appoint the Honorable JEANNE SHAHEEN, a people I have ever served with in the More than 13,000 American

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

S5731

VerDate Mar 15 2010 23:31 Sep 20, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.000 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5732 CONGRESSIONAL RECORD — SENATE September 20, 2011 servicemembers have been discharged do you estimate something that has leagues as it did last week. We had 10 because of this law. The law has been never, ever happened before? Not a 50- who stepped forward and it was very in effect just a short period of time but year flood took place in North Dakota, important that they did that. Last more than 13,000 have been discharged not a 100-year flood, not a 500-year week, a bipartisan group of Senators because of this law which institutional- flood—it is something that has never agreed that helping communities de- ized discrimination against openly gay happened, ever. This in spite of the fact stroyed by natural disasters was too soldiers, sailors, marines, and airmen. I that they built some dams, even some important to let politics get in the say ‘‘openly gay.’’ This wasn’t the case. in Canada, to stop the flooding. It way. Some were suspect. There was a long didn’t matter, this was so immense. It interview on Public Broadcasting this had never happened before in North Da- f morning about a woman who was dis- kota. A sparsely populated State has charged at age 22 because of someone been devastated by these floods—nat- PROTECTING THE MIDDLE CLASS reporting they had seen her in a bar ural, you say, but certainly unusual with another woman. We will never floods that have ravaged that State. Mr. REID. Madam President, Ameri- know how many people; that is, capa- That is not the only State. Many cans have sent a message to Congress ble men and women, were never offered States have been hammered hard. Who that no issue is more important to patriotic service. They could not be- would ever have thought, a year ago, them than jobs. But for Republicans, cause the law exposed them to career- that a relatively small community, job creation is less important than ruining discrimination. We have the Joplin, MO, would be hit by almost 300- slashing spending on initiatives that 13,000-plus, plus thousands of others mile-an-hour winds. The winds didn’t create jobs and the Social Security and who said there is no need to do this be- just whip through, they roiled around Medicare benefits seniors have earned. cause I would have to live a lie. there for such a time that they basi- Democrats believe we can reduce the The military’s highest commanders cally destroyed that town. deficit without abandoning job cre- and a vast majority of servicemembers There are many other examples of ation. We can make smart, strategic agree our fighting force is better off what has happened, being unable to de- cuts that will not further slow down knowing we will have the best and termine what would happen in the fu- our struggling economy, while pro- brightest volunteers, regardless of sex- ture. Suffice it to say we provided tecting and advancing initiatives that ual orientation, race, ethnicity, reli- funds last week here in the Senate to create jobs. That is why President gion, or gender. There is no place for help Americans whose lives had been Obama has released detailed proposals intolerance in our great Nation and devastated by floods, hurricanes, tor- to create 2 million jobs now while re- certainly not in our Armed Forces nadoes, and other natural calamities. ducing the deficit by more than $4 tril- tasked with protecting them. In a bipartisan bill for FEMA and other lion over the next decade. I am happy to say that today our agencies, we passed that help disaster But many Republicans have criti- military policies and our national val- victims need—an additional $6.9 bil- cized both proposals even before look- ues are in line. From today forward, no lion. That is probably not enough, ing at their substance. It seems they qualified man or woman willing to frankly. After the Appropriations Com- are more concerned with protecting fight for a nation founded on the prin- mittee did their work, reported the bill millionaires, billionaires, hedge fund ciples of tolerance and equality will out, a bill of some $6 billion, I asked managers, and private jet owners than ever again be denied the right to do so. the different subcommittees to find out fighting for the middle class. They f what additionally was needed. They claim it is class warfare to ask the came back with another $3 billion. We FEMA wealthiest 400 Americans who made an pared that down because we wanted to average, these 400, of $271 million each Mr. REID. Madam President, on keep within the agreement we had to pay the same tax rate as librarians, Wednesday the House, we are told, will from the Deficit Reduction Act which police officers, air traffic controllers, send us a continuing resolution to fund set that at $7 billion, and we are slight- and others—secretaries, as Mr. Buffett the government through November 18. ly under that. That is why we came in talked about. I was disappointed to see the House with that figure. The truth is, Republicans are just de- shortchanged the Federal Emergency That funding, $6.9 billion, while it fending the economic policies that be- Management Agency. We have been does not give everyone everything, will sieged the middle class for years. It is told specifically what they intend to do help rebuild after several costly nat- class warfare to ask middle-class and it is a real shortchange, by failing ural disasters, not the least of which is Americans to get by on less while those to provide the funding to adequately Hurricane Irene. same 400 Americans are paying less help Americans whose lives have been Tomorrow when the Senate receives than 18 percent in their taxes, lower devastated by floods, hurricanes, and the House bill to fund the government than the secretaries and janitors who tornadoes. It is staggering to under- for 6 more weeks, we will amend it work for them. stand the depth of the concern people with the language the Senate passed, have. the Senate FEMA legislation. This Let me explain this as well as I can. Yesterday morning I received a call year President Obama has declared dis- We will do whatever it takes to protect from KENT CONRAD, Senator from asters in all but two States, and FEMA the middle class and seniors, even if it North Dakota, who proceeded to ex- is quickly running out of money to means the richest of the rich in Amer- plain to me about a city in North Da- help American families and commu- ica have to contribute a little bit more kota by the name of Minot, a town of nities recover. than they do now. We will fight for the about 40,000 people. Twenty-five per- I talked to Mr. Fugate, the head of policies that create American jobs even cent of the homes in Minot, ND, are FEMA, last Thursday. He said they if it means CEOs and hedge fund man- underwater. Most of those underwater have enough money to last probably agers making hundreds of millions of are ruined forever. These are not big until September 25th. That is even on a dollars every year have to contribute mansions. They are homes people have very narrow plane that they are work- the same amount as teachers or fire- lived in, sometimes for a very long pe- ing on. They have stopped the work in fighters, whose salaries are a fraction riod of time. Joplin, MO. They have stopped the the size of theirs. It is simple fairness. Yesterday I was speaking to Senator work because of the devastation that With 14 million Americans out of HOEVEN, who certainly knows North happened in the gulf previously. The work, we have 14 million reasons to put Dakota as well as anyone. He served as only money they are spending now job creation ahead of tax breaks for Governor there and is now in the Sen- deals with Tropical Storm Lee and millionaires and billionaires. As the ate. We were talking about the flood. Hurricane Irene. They have no more economist and former Labor Secretary Of course, one of the things people are money. They are out of money. So it is Robert Reich said: saying is: Why didn’t Congress and the desperate. True patriotism isn’t cheap. It’s about tak- President plan for all this? As Senator I know this amendment will enjoy ing on a fair share of the burden of keeping HOEVEN described in some detail, how the support of my Republican col- America going.

VerDate Mar 15 2010 23:31 Sep 20, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.001 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5733 RECOGNITION OF THE MINORITY da has lapsed, the European Union is American jobs are more important LEADER negotiating 16 trade agreements with than appeasing their union allies. The ACTING PRESIDENT pro tem- 46 countries. Japan is negotiating 7 I yield the floor. pore. The Republican leader is recog- agreements with 38 countries, and even f nized. China is negotiating 11 agreements MORNING BUSINESS with 18 countries. f What about the United States? We The ACTING PRESIDENT pro tempore. Under the previous order, the TRADE PROMOTION AUTHORITY have signed none since this administration began, and we are actively negoti- leadership time is reserved. Under the Mr. MCCONNELL. Madam President, ating only one, a pact that will open previous order, the Senate will be in a everyone knows the top issue on the opportunities to American businesses period of morning business for 1 hour, mind of most Americans right now is and workers across the Pacific Rim. I with Senators permitted to speak jobs. What I have said is that the one and many of my colleagues and many therein for up to 10 minutes each, with thing we could all do right now to help of our allies overseas want to know the time equally divided and controlled spur job creation is to pass the three what is the President’s plan to enact between the two leaders or their des- free-trade agreements with Panama, that one deal if he does not ask for, has ignees, with the Republicans control- Colombia, and South Korea. Repub- not received, and does not even seem to ling the first half and the majority licans in Congress have been urging the want trade promotion authority; is he controlling the final half. The Senator from Tennessee. President to pass these agreements for ready to watch all these opportunities nearly 3 years. Yet they have lan- vanish? We cannot allow these opportu- f guished on his desk for no good reason. nities for American jobs to simply drift STEPPING DOWN FROM It is time to send them up so we can away. REPUBLICAN LEADERSHIP act. At a moment when 14 million We must reauthorize TPA, along Americans are looking for work, it is Mr. ALEXANDER. Madam President, with TAA. Historically, TPA and TAA I thank my friend of 40 years, the Re- indefensible for the White House to de- have moved together; in 1974, when mand a vote on trade adjustment as- publican leader, for being here for TPA was created; in 1988, when it was these remarks I am about to make. I sistance as a condition for action. reauthorized; and again in 2002, when Still, I and others have agreed to thank my colleague, Senator CORKER, TAA was expanded to its current and several other of my Republican allow it so we can finally move ahead prestimulus levels. That is why I am on these vital trade deals. It is my ex- colleagues for, on very short notice, offering an amendment that will grant coming to the Senate floor for these pectation, based on the understanding I this President trade promotion author- have with the administration, that the brief remarks. ity through 2013. It is the same term Next January, following the annual President will stop dragging his feet the Democrats are insisting we reau- retreat of Republican Senators, I will soon and submit all three of them for a thorize trade adjustment assistance. step down from the Senate Republican quick approval. At long last, U.S. busi- My amendment builds into it the same leadership. My colleagues have elected nesses that want to expand here at accountability to Congress and the me as Republican conference chairman home but which have been held back by need to consult with Congress that pre- three times, and I will have completed the President’s refusal to act will be vious TPAs have had. It is based on 4 years or the equivalent of two 2-year able to compete on a level playing field legislation offered by a bipartisan pair terms at that time. My reason for in these markets, and it will create of trade leaders, Senator PORTMAN and doing that is this, stepping down from jobs in the process. These agreements, Senator LIEBERMAN. the Republican leadership will liberate while helpful, are not enough. We are going to hear Democrats ar- me to spend more time trying to work In order to create the kind of jobs we guing we have not had enough time to for results on issues I care the most need, we need more trade deals than carefully consider this expansion of about. That means stopping runaway these three. That is why I have been a trade promotion authority and work on regulations, runaway spending, but it strong advocate for granting this the negotiating objectives we generally also means confronting the timidity President the same trade promotion include in the bill. I would remind that allows health care spending to authority every other President has them I first called for TPA last May. squeeze out support for roads, support enjoyed since 1974. Also known as fast Since that time, I have heard nothing for research, support for scholarships, track, TPA creates expedited proce- from my Democratic colleagues or the and other government functions that dures for congressional consideration White House about their interest in re- make it easier and cheaper to create of trade agreements that the adminis- newing this authority. There has been private sector jobs. tration negotiates with our trading zero outreach. When I suggested I I wish to do more to make the Senate partners. TPA has long had bipartisan would be willing to support an exten- a more effective place to address seri- support and led to numerous trade sion of TAA if we could reauthorize ous issues. For 4 years in our caucus, agreements with 17 new countries dur- TPA, there was nothing. my leadership job has been this: to help ing the Bush administration, including In my view, if the White House will the leader succeed, to help individual the 3 we hope to consider shortly. not show leadership on this issue, if Republicans succeed, to look for a con- Unfortunately, Democrats and their they are too worried about owning sensus within our caucus, and to sug- union allies allowed TPA to expire in other free trade agreements or as being gest a message. I have enjoyed that. 2007. This President has made no effort seen by some of their allies as pro- However, there are different ways to whatsoever to revive it. Without TPA, moting them too aggressively, it is my offer leadership in the Senate, and I the United States will likely never view we ought to help them get there. have concluded, after 9 years, this is agree to another deal. The unions will That is why I am offering this amend- now the best way for me to make a make sure of that. We have seen what ment to show the world some in Con- contribution. happens next. After the North Amer- gress are ready to move forward and It boils down to this: Serving in this ican Free Trade Agreement passed in lower the barriers that keep American body, as each one of us knows, is a rare 1993, TPA expired, and in the 8 years goods out of foreign countries and privilege. I am trying to make the best that followed the United States did which American consumers all benefit use of that time while I am here. For nothing, while other countries moved from our integration into the world the same reason, I plan to step down in ahead integrating themselves in the economy. January from the leadership, I will not global economy. We cannot let that With 14 million Americans out of be a candidate for leadership in the happen again. We cannot miss more op- work and thousands of Americans look- next Congress. However, I do intend to portunities to compete in foreign mar- ing for opportunities to sell American- be more, not less, in the thick of re- kets with U.S.-made products just be- made goods around the world, we can- solving issues, and I do plan to run for cause unions do not want to. not afford to wait, as we did on these reelection in the Senate in 2014. Consider this: According to the Busi- three free-trade agreements, while the These are serious times. Every Amer- ness Roundtable, while our trade agen- administration makes up its mind that ican’s job is on the line. The United

VerDate Mar 15 2010 23:31 Sep 20, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.003 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5734 CONGRESSIONAL RECORD — SENATE September 20, 2011 States still produces about 23 percent with a stick, a Senator from Massachu- work out too well. But one of the of the world’s wealth, even though we setts. They have forgotten that an- things we know about our colleague only have about 5 percent of the other Senator from Massachusetts, LAMAR is that he is pretty persistent. world’s people. All around the world named Henry Cabot Lodge, stood on So he tried it again in 1978. He was people are realizing there is nothing the floor and said of the President of elected Governor, reelected Governor different about their brains and our the United States, Woodrow Wilson: I in 1982—a spectacular record. brains and their using their brain hate that man. They forgot about Then he did something very unusual. power to try to achieve the same kind Henry Clay’s compromises and the de- I remember knowing about it at the of standard of living we have enjoyed bates that were held during the Army- time. I kept up with him since we had in the United States. McCarthy days. What of the Watergate met years before when we were in As a result of this, some have pre- debates? What of the Vietnam debates? Washington. He took his entire family dicted that within a decade, for the The main difference today between and went to Australia for 6 months. He first time since the 1870s, the United the debates in Washington and the de- put the kids in school there and actu- States will not be the world’s largest bates in history are that, today, be- ally wrote a book called ‘‘Six Months economy. They say China will be. My cause we have so much media, every- Off,’’ which I read then. I don’t know goal is to help keep the United States body hears everything instantly. If one how many books Senator ALEXANDER of America the world’s strongest econ- would notice, most of the people who sold, but it was a fascinating review of omy. are shouting at each other on tele- basically just taking a break, going There are two other matters that are vision or the radio or the Internet have somewhere else, doing something en- relevant to the decision I am making never been elected to anything. tirely new before getting back on the that I would like to address. The first It would help if we in the Senate career treadmill that we, of course, is this: When I first ran for the Senate knew each other better across party knew he would do. in 2002, I said to the people of Ten- lines. To suggest we should be more So once the Australian experience nessee—and they were not surprised by timid in debating the biggest issues be- was over, this extraordinarily accom- this—that I will serve with conserv- fore the American people would ignore plished and diverse individual became ative principles and an independent at- the function of the Senate and would president of the University of Ten- titude. I intend to continue to serve in ignore our history. The truth is, the nessee. That was back when they used the very same way. Senators debate divisive issues with ex- to play football, and then-President I am a very Republican Republican. I cessive civility. Bush 1 asked him to become Secretary grew up in the mountains of Tennessee I have enjoyed my 4 years in the Re- of Education. So he was a Cabinet and still live there in a congressional publican leadership. I thank my col- member. district that has never elected a Demo- leagues for that privilege. I now look Oh, by the way, I think I left out that crat to Congress since Abraham Lin- forward to spending more time working at his mother’s insistence he became coln was President of the United with all Senators to achieve results on quite proficient at piano. He is a fabu- States. My great-grandfather was once the issues I care about the most— lous piano player and musician. My asked about his politics. He said: I am issues that I believe will help deter- mother let me quit. That was the only a Republican. I fought for the Union, mine for our next generation what kind mistake she made in an otherwise per- and I vote like I shot. of economy we will have, what our fect job of raising me. But Senator I have been voted five times by Ten- standard of living will be for our fami- ALEXANDER’s mother, by insisting that nessee Republicans to serve in public lies, and what our national security he continue to take piano, gave him office. I have been elected three times will be. that dimension as well. by Senate Republicans as conference I thank the Presiding Officer, and I So here we have a guy who has been chair. If I could get a 100-percent Re- yield the floor. Governor, president of his university, a publican solution of any of our legisla- The ACTING PRESIDENT pro tem- member of the Cabinet and, as if that tive issues, I would do it in a minute. pore. The Republican leader. were not enough, he went into the pri- I know the Senate usually requires 60 Mr. MCCONNELL. Madam President, vate sector and started an extraor- votes for a solution on serious issues, I would say to my friend of 40 years dinarily successful business, which did and we simply cannot get that with that even though there are a number of very well. I expect our colleague from only Republican votes or only Demo- colleagues on the Senate floor, I am Tennessee thought his public career cratic votes. confident we all agree this is not a eu- was over, but then Fred Thompson de- Second, by stepping down from the logy in which we are about to engage. cided he wanted to go do something leadership, I expect to be more, not Really, I have a great sense of relief else. All of a sudden he was in the Sen- less, aggressive on the issues. I look that my friend is going to run again in ate—not just in the Senate but then forward to that. The Senate was cre- 2014 and continue to make an extraor- became a leader in the Senate in a very ated to be the place where the biggest dinary contribution to the Senate and short period of time. issues producing the biggest disagree- to America. We have had an opportunity to get to ments are argued out. I don’t buy for 1 When I first met LAMAR he was at the know our colleague. It is hard to think minute that these disagreements cre- White House. I had just come here as a of anybody more intelligent, more ac- ate some sort of unhealthy lack of ci- legislative assistant to a newly elected complished, as well as more likeable vility in the Senate. I think those who Senator. He had already accomplished than LAMAR ALEXANDER. believe the debates in our Senate are a lot. He had been elected Phi Beta So I must say to my good friend from more fractious than the debates in our Kappa at Vanderbilt and graduated Tennessee, I am relieved he is not leav- political history simply have forgotten from New York University Law School. ing the Senate. This is not a eulogy, American history. They have forgotten He had clerked for a well-known circuit but it is an opportunity for those of us what Adams and Jefferson said of one judge, been involved in Howard Baker’s who have known and admired the Sen- another. They have forgotten that Vice first campaign, had helped him set up ator from Tennessee for a long time to President Burr killed former Secretary his first office, and that was before I just recount his extraordinary accom- of Treasury Alexander Hamilton. They met him. plishment during a lifetime of public have forgotten that Congressman Since I have met him, as many of my service. It has been my honor to be his Houston was walking down the streets colleagues are already aware, it is hard friend, and I will continue to be his of Washington one day, came across a to think of anybody—it is hard to friend, and I am glad he will continue Congressman from Ohio who had op- think of anybody—who has done more to be our colleague. posed Andrew Jackson’s Indian policy things well. He went home in 1970 and I yield the floor. and started caning him, for which he ran a successful campaign for, I think, Mr. ALEXANDER. Madam President, was censured. They have forgotten the first Republican Governor of Ten- I thank the Republican leader. I am there was a South Carolina Congress- nessee elected, certainly, since the deeply grateful for his comments, with man who came to the floor of the Sen- Civil War. He ran for Governor himself one single exception. I have great con- ate and nearly killed, by hitting him in a very bad year in 1974. It didn’t fidence in Derek Dooley. He is a fine

VerDate Mar 15 2010 23:31 Sep 20, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.004 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5735 football coach at the University of When we talk about the future, want to focus on all of that, they will Tennessee. They are playing very good whether it is Senator ALEXANDER or take that safe and healthy student football, and I intend to be at my usual myself or others, we say the future of block grant money and put it over into seats at the Georgia game in 2 weeks. this country is conditional upon how teaching and learning. By the same The ACTING PRESIDENT pro tem- well we educate the next generation token, for school systems that might pore. The Senator from Tennessee. and how we make sure the next genera- not see the benefits there, but they Mr. CORKER. Madam President, I tion has the foundational knowledge have a growing title I population, we wish to say to my colleague I certainly they need to compete in a 21st-century allow 100 percent transferability up to have enjoyed his comments, and I am economy. the title I program. excited for him. I sit very close to him I think it is safe to say today our What are we trying to accomplish? in the Senate, and I am with him a record is not good. Just 70 percent of We are trying to do what school sys- great deal. I do plan on keeping a cane our high school seniors graduate on tems have told us year after year, dec- out of the reach of my colleague for a time. Let me say that again: 70 percent ade after decade: Give us more flexi- few days. of our high school seniors will graduate bility. Let us decide what it is we need I very much appreciate his service on time. Many of those will never go for our students to learn. This is not and leadership to the Republican Party back. They will not cross the goal line. about input. This is about output. This in the Senate. I think in his position he In today’s economy, their likelihood of is about focusing on how we improve has brought out the best in all of us in being invited for a job interview is slim education to where every child crosses the best way he could. I am excited for to zero. that goal line of success; that then the him. I look at this as a great day for We have Federal laws that require an foundational knowledge base is so the Senate. It is a great day for our employer to accept an application from great that they are marketable in country. This is a great day for the whoever walks in the door. However, whatever direction our economy de- State of Tennessee. when it gets down to the interview cides to go. The challenge for us—a lot like what I can tell my colleague, based on the process, I can assure my colleagues conversations we have had and the way Senator ALEXANDER did today; he gave that when employers look at that I know my colleague, the Senate is up power, a position in leadership—it re´sume´ and it doesn’t have high school going to become very quickly a more means the Congress has to give up the graduation on it, they will certainly interesting place to serve. For all of us power of deciding exactly how every invite others who at least have that who have been concerned about our school system is going to implement threshold of education, if not further lack of ability to solve our Nation’s programs. We have to be big enough to degrees. So I think we owe it to the greatest problems, I look at what the realize that the one-size-fits-all struc- next generation to be candid with them Senator has done today as a step in the ture from Washington does not work; and tell them that this is a minimum direction toward us being able as a that every school system in America is to have an opportunity for unlimited body to more responsibly deal with the a little bit unique; and, yes, we recog- pressing issues he outlined in his talk. success. nize the fact that not every State is If we ever get to a point that this is So I thank my colleague for having necessarily the best fiduciary of the not about an opportunity of unlimited the courage to step down from a posi- funds. This legislation only requires tion that many Republican Senators success, America will have changed the States to siphon off 1.5 percent of would love to have. I thank my col- greatly, and I think that is one of the the money. We are not going to build a league for the way he serves our coun- passions Senator ALEXANDER has. That palace or create a bureaucracy in State try. I thank him for the example he has is why he is so involved in issues such capitals in education off of these pro- been to so many in his public service in as education and why he is willing to grams anymore. The intent is to take our State and in our country, and I sacrifice leadership for greater involve- this money and put it into the class- thank the Senator for being my friend. ment in the policies. room; make sure the skills of the The ACTING PRESIDENT pro tem- In the bills we introduced last week, teacher are better; make sure, in fact, pore. The Senator from North Carolina. there were two that LAMAR and I did we are teaching teachers the right way Mr. BURR. Madam President, I rise together. Let me share with my col- to teach today. today to echo the comments of colleagues what those bills do. I know we are not allowed to have leagues earlier about the contribution Today, we have 97 authorized pro- electronics on the Senate floor. We of LAMAR ALEXANDER, our friend and grams and 59 of them are funded. They hide them in our pockets real well. colleague, as well as somebody who has are all funded individually. That means Kids are not allowed to have elec- had an impact not just on the State of we make money available to a State tronics in school. They hide them in Tennessee but on the United States of and consequently to a school district. their pockets real well. When we all America. I think one of the toughest But their requirement to access that leave where it is prohibited, this is the things a Member of the Congress can money is they have to do exactly what first thing we pull out of our pockets. do is to, No. 1, step down from leader- we structured in the program. Many We check our messages. We check ship, or, No. 2, voluntarily leave the schools do not need that program, and sports scores. We check the news. Some body. they forego that money. Yet on the of us old people make phone calls. But I think it says more about LAMAR Senate floor we have debated fre- we have a generation that does nothing ALEXANDER than any comments that quently the need to get more resources but text. can be made; that he understands into especially at-risk school districts They are different than I am. I am a where he is going, and I think he stated to bolster that foundational education. little bit different than LAMAR. Every it very well. His contribution to the fu- We simply leave title I alone—it is generation is going to be different. But ture of this country is what he is most targeted at a specific population—but walk in a classroom today, and the concerned with, and that is why this we take all these other 59 programs first thing a teacher says is, Open your country is blessed to have leaders such that were funded last year and meld book to page 44. Yet in between the as he. We welcome him back into the them into two pots of money: One pot covers of a book we have a generation ranks of the normal, the general popu- is designed for improvement in teach- that has never delved into it. They lation of what has been the asylum of ing and learning; the other pot is de- have gone between the covers of their late. I hope LAMAR will be a great in- signed for safe and healthy student iPad, their Kindle, their PDA in their fluence in our ability to get the body of block grants. pockets. They read books, they play deliberative debate and participation You might say: Well, what if a school games, but they do it in a different back, and that is certainly his quest. system does not need a fund for im- way. One of his passions, though, is edu- provement of teaching and learning, It is time for us to recognize the fact cation. I was shocked he didn’t men- but they do need more money for safe that they learn differently because tion that in his litany of areas he and healthy students? We allow 100 per- they communicate differently. Our would delve into. But I know earlier cent transferability between those two ability is to take somebody my age last week he and I and others intro- areas. So if a school system purely who still has a passion for the class- duced five reforms to K–12 education. needs teaching and learning, and they room and to change the way they teach

VerDate Mar 15 2010 23:31 Sep 20, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.005 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5736 CONGRESSIONAL RECORD — SENATE September 20, 2011 through how we take them through Academy and immediately had such plus percent of our kids not reach that continuous education. You see, effec- success that they exported KIPP Acad- goal line. If they do, they do it in a tiveness is, in part, connecting with emy to New York. Their intent was to way that is not necessarily advan- the people we are trying to teach. If we go from New York to Atlanta, and tageous to their future. do that in the right way, we are going somehow they happened to stop in If we want our country to continue to to be successful. Northampton County, NC, in a little prosper, if we want to continue to be I am not trying to create the model town called Gaston. It is in the middle the innovator of the world, then we in Washington and to say to the States of nowhere. But like all of North Caro- have to create a pool, a generation of and localities: Here is the only way you lina, it is beautiful. Its students are at kids, where 100 percent of them are pre- can do it. We are trying to give them risk. There is no economic driver in pared to compete. I think that is ex- the flexibility of the money, and let that county. But for some reason, actly why Senator ALEXANDER stated them design the programs they think KIPP stopped there and created a he was willing to give up the rein of will work. Again, with that, though, it school. Now we have taken underper- leadership, to be more integrally in- requires us to let go of that power of forming students and through KIPP all volved in the solutions that are crafted accountability. There is no reason for of them excel. on this floor and in this Congress. That Washington to be accountable for every I can take you to Charlotte, NC, is why I said earlier, America has bene- K–12 system in this country. We can be where KIPP finally found a home and fited because we have people such as a partner, and I think the appropriate was located next door to the elemen- LAMAR ALEXANDER here. role is a financial partner. But as to ac- tary school. There is no way anybody I am convinced that over the next countability, I do not want to be in can claim they draw from a different several months, the reauthorization of Washington determining whether a population. They draw from the same elementary and secondary education school is a pass or a fail or whether a school neighborhood. Yet if we com- will be front and center. I can only ask teacher is highly qualified. At best, it pare KIPP to the traditional elemen- my colleagues that they spend the time is arbitrary that we would come up tary school next door, the performance looking at some of the suggestions that with something. of those students is off the charts. At are on the table already. Authorship I want to empower communities, I some point, we have to look at it and means nothing to me. It is outcome. want to empower parents, I want to say: This model works. How do we rep- Change the bill in a way that still empower the business community to licate it? But we are hung up in that stays within this framework—I will be say: You determine success and failure. one is public and one is charter. a cosponsor of anything. Start to make I want to empower principals and ad- Well, let me tell you, if we could rep- Washington more dominant in the con- ministrators: You determine whether licate all of them to be KIPP, I would trol of how the money is used or what teachers are qualified. not care what we call them, and I the programs look like—I have been I do not want to sit in Washington would care less about how we funded there. We have tried that. Not only and define how pharmacists who have them. I would only care about the out- does it not work, educators have told lost their passion to work in a drug- come, how many students have the us it is increasingly more frustrating store cannot shift over and become education foundation we need. In for them and they will drop out of the chemistry teachers in a high school be- KIPP’s case, it is almost 100 percent. system. We have to create a system that is a cause I have determined they are not One big component of KIPP is the magnet for talent, a magnet for people qualified to do it. Yet, day in and day fact that they plug in to Teach for who are as passionate as LAMAR ALEX- out, I would go into the pharmacy, and America graduates, teachers who enter ANDER, something that gives us hope in I would allow them to compound drugs the system knowing that for a period the future that our kids have a better for me. But they cannot go in a class- of time their agreement is they are chance of succeeding than they have room and explain to kids how that going into at-risk areas; they are going had over the past few decades. I think works or, more importantly, how the in dealing with students ‘‘somebody’’ the Empowering Local Educational De- interaction of compounds actually hap- has deemed hard to complete the proc- cision Making Act of 2011 is a start, pens. That is not my role. It is not our ess. They go in with a different pas- and I think the next generation is role. Our role is to encourage, by mak- sion. They do not go in surprised with worth the investment of time on the ing sure the tools are there for those the makeup of the students in their part of our Members to look at this closest to the problem to come up with classroom on the first day. They go in legislation and to get behind it. expecting this job to be tough, knowing solutions. I thank the Acting President pro Well, what we did last week was a their creativity and their innovation is tempore and yield the floor. minor step in the right direction. I going to be challenged. I suggest the absence of a quorum. hope my colleagues will look at the What we have found so far is that for The ACTING PRESIDENT pro tem- legislation and will entertain cospon- those Teach for America graduates, pore. The clerk will call the roll. soring it. I hope the Secretary of Edu- they end up staying longer than, in The legislative clerk proceeded to cation will look at it, even though we fact, the contractual period of time. call the roll. have had conversations that have con- They find it is much easier, but also Mr. SCHUMER. Madam President, I tinued since the first of the year, and much more satisfying, to take the ask unanimous consent that the order we have a ranking member and a chair- most at risk and to make sure they for the quorum call be rescinded. man engaged in the reauthorization of have that education foundation that is The ACTING PRESIDENT pro tem- elementary and secondary education needed. pore. Without objection, it is so or- right now. I hope we influence their That is incorporated into these bills. dered. ability to get some type of an agree- It is not just left to a simple line item f ment. that, in this particular case, I think, But I think it is also important to has been zeroed out in the President’s FEMA FUNDING understand that within the context of budget. But it can be incorporated into Mr. SCHUMER. Madam President, this issue are things that all of us this where we cannot only fund but we first, I would like to talk a little about know work. Let me give you a couple can expand Teach for America. With the upcoming FEMA bill. As I under- examples. Senator KIRK’s bill we can expand what stand it, the House intends to send us Senator KIRK introduced a bill on ex- KIPP is doing. We can challenge other a CR with FEMA funding only at the pansion of charter schools. Why is that individuals in other areas of the coun- level of $3.65 billion, which is a level important? It is not important because try to create KIPP-like models that that is completely inadequate to meet we simply want to create competition work. FEMA’s needs. They intend to put $1 with the public model. Charter schools My challenge today is to assure all billion in for 2011, which is more than have become an incubator of new ideas, Members of the Senate and all Ameri- is actually needed in 2011, but then of new ways to teach. cans. Our kids deserve us to try. We they ask that it be paid for with $1.5 In Houston, TX, some former Teach have been dictating from Washington billion, which is not the way mathe- for America students created KIPP for decades, and we continue to see 30- matics is supposed to work.

VerDate Mar 15 2010 23:31 Sep 20, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.006 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5737 The real problem is that the total This is, emphatically, not class war- we can’t create jobs, and yet we don’t amount of $3.65 billion is inadequate fare. It is not class warfare to fight for want to increase deficit spending. If we given the terrible tragedies we have the middle class, that is for sure. It is want to keep the deficit down but keep had over the last several months and not class warfare to say we need fund- our schools good and our infrastructure years. We are still rebuilding from ing for roads and bridges and teachers good and our basic research good, the Katrina, the Joplin tornado was dev- and that the wealthiest among us only way to do it is to ask the wealthy astating, and, of course, the storms should pay their fair share to do it. Let to pay a fair share. That is why we do that hit the Northeast, including my me ask a question, Madam President. it. And that is not class warfare; that beloved State of New York, were just Is it class warfare when Republicans is a policy debate which we welcome. awful. Just in New York State alone, it advocate tax cuts for the wealthy? Do To sum up that point, either we ask is estimated that cleanup costs will be we call that class warfare? big oil companies to give up special closer to $2 billion. So you can imagine The debate about the progressivity of subsidies or we gut education or med- that $3.65 billion is not even close to the Tax Code has existed for over 100 ical research. Either we ask the enough. years in this country, and there are dif- wealthiest Americans to pay their fair The good news is what we intend to ferent policy prescriptions. Most share or we will have to ask seniors to do here under the leadership of Major- Democrats and most Americans believe pay more for Medicare. We can’t do ity Leader REID, which is to take the the wealthy don’t pay their fair share. both if we want to keep the deficit in CR they send us and add to it the very That is not to begrudge the money line. America’s middle class knows bill that passed last Thursday night, they have made. There are a lot of this. We know their median income is which adds approximately $7 billion to wealthy citizens in my State, and I am declining. We know the only place on FEMA. That is the amount of money proud of them. I am proud they made a the economic spectrum where incomes that is needed. It adds some money to lot of money. And many of them be- are going up is at the high end, and we the Army Corps of Engineers, the U.S. lieve they should pay a fair share. It is know the right policy is to make those Department of Agriculture, and other not just Warren Buffett. It is not class folks at the high end pay their fair places the Governors of the States have warfare to ask that. It is not class war- share. told us are needed. And given the fact fare to advocate tax cuts for the My colleagues are in for a rude awak- that 10 Republicans voted for it, we wealthy or tax increases for the middle ening. I have talked to a couple of the have every expectation that amend- class. That is not class warfare. To try people who study the polling data and ment will pass and we will send it back to call it this name is unfair. what the average American thinks. to the House. So the House should un- Let me make a second point. We have And let me tell you, they think the derstand there will be a measure to a need to do this. The President is not phrase ‘‘class warfare’’ means war on adequately fund FEMA, and we will do proposing things such as the Buffett the middle class. They think it means that this week. Again, we have every rule out of vengeance. He said yester- the wealthy get away with what they expectation that the 10 Republican day: ‘‘It’s not because anybody looks do not. So when our colleagues talk Senators who voted with us last Thurs- forward to the prospects of raising about class warfare, maybe it resonates day night will cast the same vote on taxes or paying more taxes.’’ But we do with a few on the hard right among the the same exact measures because the have a consensus that has been reached very wealthy who don’t want to pay disasters in their States are not any here—it is one of the few—that we any taxes at all—and Lord knows we less this week than they were last should reduce the deficit. We all know have heard enough from them in this week. we have to. There are two ways to do place—but to the middle class, it means the middle class is being belea- BUDGET DEFICIT it. One is by cutting spending, and I also wish to address the President’s when we cut spending, it hurts middle- guered, not being helped, and even proposal on the budget deficit, particu- class citizens. Middle-class citizens being attacked by circumstances be- larly on the tax side, and the many ar- need help to pay for college; wealthy yond their control. So when we say the guments being tossed around by many people don’t. So if you cut student wealthiest should pay their fair share, of our colleagues on the other side of loans or Pell grants or Stafford loans middle-class Americans will not see the aisle. that go to the middle class, it is not that as class warfare. They will not. They will understand what we are Yesterday, the President put forward going to affect wealthy citizens—they doing. a blueprint for the joint committee to can afford college themselves—but it I am so glad the President has de- consider this fall, and it included a does affect the middle class. When you cided to take this fight to the Amer- very commonsense principle; that is, cut Medicare, it doesn’t hurt the ican people. It is a fight where we are those very few among us who are fortu- wealthy. They can afford any doctor or on their side. That is what all my expe- nate enough to make over $1 million a hospital they want. God bless them. rience shows when I go around New year should pay the same effective tax They have earned their money, and York, and that is what the polling data rates at the end of the day as middle- they deserve that. We don’t have a sys- shows. We are doing what is right for class households. tem that mandates everyone must have the future of this country and for our A number of Republicans rejected the the same. But it sure hurts the middle children and grandchildren. President’s plan before he even an- class. So let’s have the debate and let’s dis- nounced it. As soon as it was suggested So the bottom line is very simple: If pel this idea that simply because we that we should ask the wealthiest few everyone has to pay their fair share so want the wealthy to pay a fair share, among us to pay their fair share, many we can get the deficit down, the only we dislike them and it is class warfare, on the other side began labeling it way the wealthy pay their fair share is that it is negative toward them. It is class warfare. Apparently, they think by making sure their tax rates are at not. It is the right way for all Ameri- they can slap that old label on the least the same as average Americans, cans to make the pie grow in America President’s proposal and be done with and perhaps they should be a little bit and not have the various parts of it. But their refusal to address the pro- higher. So there is a choice. America fight with one another be- posal on the merits is revealing. They We don’t do this because we want to cause Medicare is being cut, because know they will lose any argument raise taxes and certainly not because teachers are being cut and the deficit is about the policy itself because it we think the wealthy have gotten an going up and hurting our children and makes sense economically and because unfair advantage. That is a different grandchildren. the American people support it. Even argument, and I don’t believe that. I Madam President, I yield the floor. Republicans in the country—59 percent am proud when New Yorkers or Ameri- The ACTING PRESIDENT pro tem- in a recent poll I saw—support the cans climb the ladder and make a lot of pore. The Senator from Illinois. wealthiest among us paying a fair money due to hard work and their Mr. DURBIN. Madam President, I share and support not giving them the ideas. We do it because we don’t want wish to thank my colleague from New continued Bush tax breaks at a time to lay off more teachers, because we York, and I would ask the Chair how when we have record deficits and we don’t want to see our infrastructure much time is remaining in morning are asking everybody else to sacrifice. crumble, because we don’t want to say business on the Democratic side.

VerDate Mar 15 2010 23:31 Sep 20, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.008 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5738 CONGRESSIONAL RECORD — SENATE September 20, 2011 The ACTING PRESIDENT pro tem- voted for trade agreements. I believe have ever known. They sing the only pore. Nineteen minutes. the U.S. workers and businesses can national anthem they have ever Mr. DURBIN. I thank the Chair. compete in this world successfully if known. They speak English and want a f the rules are fair and we are given a future in America. Yet they have no chance with the markets, and I voted country. Because their parents brought DEFICIT REDUCTION for trade agreements in the past. them to this country as children, be- Mr. DURBIN. Let me thank my col- The Senator from Kentucky asked cause their parents did not file the nec- league from New York for his state- for us to pass more as soon as possible, essary papers, they are without a coun- ment about the challenges we face. I but he did say something which caught try and without a future. The DREAM have been involved for over 11⁄2 years in my attention: Act gives them a chance—a chance to deficit reduction talks on a bipartisan In a moment when 14 million Americans excel and prove they can make this a basis with the Bowles-Simpson Com- are looking for work— better nation. mission, the Gang of 6, now the Gang of The Obama administration recently Senator MCCONNELL said— 38—I believe was the last number of made an announcement that I think is Democratic and Republican Senators it is indefensible for the White House to de- not only the right thing to do but mand a vote on trade adjustment assistance who have publicly stated they are will- as a condition for action. paves the way for us to give these ing to move forward in a process based young people a chance. I couldn’t believe my ears when I on the principles of the Bowles-Simp- We think we have 10 million undocu- heard that. Trade adjustment assist- son Commission. mented people in America, and it is At a time when most Americans have ance is designed to put people who have very clear the Department of Home- given up hope that Congress will ever lost their job because of trade agree- land Security is not going to deport 10 work on a bipartisan basis to solve our ments back to work. So it is totally de- million people—that is physically im- problems, I hope our effort will be fensible, totally consistent, and an impossible—nor should we. I certainly viewed as positive and helpful to the portant part of economic recovery. would be opposed to that notion. But supercommittee’s work. We are doing The Alliance for American Manufac- what they are trying to do is to remove everything we can to make sure they turing released a report this morning those people from America who are un- are successful and they have a very dif- that 2.8 million jobs have been lost or documented who pose a threat to our ficult assignment and a difficult time- displaced in America between 2001 and Nation. table. 2010 due to our growing trade deficit They have been criticized by some. In the meantime, though, I under- with China—2.8 million jobs. As we The deportations under the Obama ad- stand, as the Senator from New York, speak about expanding trade adjust- ministration are even higher than the my colleague who spoke earlier, that if ment assistance so those who have lost Bush administration. They have tried we are serious about deficit reduction, their jobs to nonfree-trade agreement to go after those with criminal records it not only must involve cuts in spend- countries such as India and China, we and those who are not going to be a ing, but it also must involve revenue are talking about putting Americans benefit to the United States, and I and a serious look at the future of enti- back to work. This should not be think that is the right approach to use. tlement programs. viewed as an obstacle, a diversion or But they said recently that they were Currently, Social Security untouched inconsistent with economic recovery. going to make it clear that those eligi- will pay every promised benefit for the I couldn’t follow the logic of the Sen- ble for the DREAM Act, these young next 25 years with a cost-of-living ad- ate Republican leader this morning people, of good moral character, grad- justment; then it runs into trouble—a when he was talking about trade ad- uates of high school, and those who are 22 percent cut in benefits, if we don’t justment assistance being indefensible pursuing college degrees, are not going do something. The same cannot be said at a time of high unemployment. It is to be their targets. They have limited for Medicare. As strong as it is, as im- totally defensible, totally consistent resources. They are going after the portant as it is, it has about 12 years of with putting Americans back to work. people who can threaten our country, solvency before we have to do some- For the record, since 2009, trade ad- those whom we don’t want in the thing significant. Medicaid, which is a justment assistance has provided as- United States. I think that was the right thing to do, and I think that was very critical health insurance program sistance to 447,235 workers in America a policy consistent with keeping Amer- for millions of Americans, is threat- who have been displaced due to trade ica strong and building for America’s ened by State revenue declines and all agreements. It helps their families with income, with health care, with op- future. But we need to do more. the problems we have in Washington In addition to having a sensible pol- with our own deficit. portunities for retraining and education. icy when it comes to deportation, we So these three entitlement programs need a sensible immigration policy, need to be viewed in an honest context f and I think it starts with the DREAM to keep them strong, to protect the THE DREAM ACT Act. basic benefit structure that underlies I have come to the floor many times each of these bills and laws, and we Mr. DURBIN. Madam President, it and told the stories about the young need to do that as well. We need to put was 10 years ago when I introduced the people who would be affected by the it all on the table. It is spending cuts. DREAM Act. It is an important piece DREAM Act. Let me tell you two sto- It is revenue. It is entitlement reform. of legislation for thousands of people ries this morning that I think are illus- It all has to come together. When the who are living in America who are lit- trative of why this is morally impor- President says the wealthiest among us erally without status, without a coun- tant and important for us as a nation should be willing to help us through try. to consider as quickly as possible. this crisis by sharing part of the bur- The DREAM Act says, if one came to This wonderful young lady whom I den, that is not unreasonable. the United States as a child, if they are have met is named Mandeep Chahal. I have yet to hear the Republican a long-term U.S. resident, if they have She was brought to the United States plan for getting this economy moving good moral character, if they have from India 14 years ago, when she was forward. It appears they have no plan graduated from high school and they 6 years old. Today, Mandeep is 20. She and are dedicated only to protecting are prepared to complete 2 years of col- is an academic all-star. She is an hon- those with the highest incomes in lege or enlist in our military, we will ors premed student at the University of America. That is not a recipe for suc- give them a chance to be legal in California, Davis, where she is major- cess. It may be somebody’s ideas of a America. That is what it says. ing in neurology, physiology, and be- campaign platform, but it isn’t a plat- The young people who are affected by havior. form to build the economy. it are many times people who have Mandeep has also been dedicated to I also heard this morning when the never known another country in their public service. In high school, she Republican leader came to the floor, lives. They got up at school, as Senator helped to found an organization known Senator MCCONNELL, and talked about MENENDEZ has said so artfully, they as One Dollar for Life, for poverty re- the need to pass trade agreements. I pledged allegiance to the only flag they lief around the world. She was voted

VerDate Mar 15 2010 23:31 Sep 20, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.009 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5739 the member of her class ‘‘most likely them together. David is currently de- EXTENDING THE GENERALIZED to save the world.’’ At her college, ployed to Afghanistan, putting his life SYSTEM OF PREFERENCES Mandeep is the copresident of STAND, on the line for our country. Yet his The ACTING PRESIDENT pro tem- an antigenocide group. worry is not just the enemy in Afghan- pore. Under the previous order, the mo- Mandeep has so much to offer Amer- istan. His worry is that his wife Fannie tion to proceed to H.R. 2832 is agreed ica. But, unfortunately, she was placed is going to be deported while he is serv- to, and the clerk will report the meas- in deportation proceedings earlier this ing overseas. ure. year. Mandeep and her friends re- Fannie sent me a letter, and here is The assistant legislative clerk read sponded the way many young people do what she said about her situation: as follows: My husband is constantly worried about today—they went to Facebook and A bill (H.R. 2832) to extend the Generalized my status in this country. He knows that I asked for help. System of Preferences, and for other pur- am always at risk of being placed in deporta- The response was amazing: 20,000 peo- poses. tion proceedings and he is afraid of not hav- ple sent faxes to the Department of ing his wife with him once he returns from The ACTING PRESIDENT pro tem- Homeland Security to save this young Afghanistan. The passage of the DREAM Act pore. The majority leader is recog- lady from deportation. On the day she will give me the confidence to live without nized. was scheduled to be deported, she was fear and frustration. It will allow me and my AMENDMENT NO. 633 granted a 1-year stay. husband to plan our future without having to Mr. REID. On behalf of Senators Her first thought was to try to pre- deal with the possibility of my deportation and my lack of opportunities. I care about CASEY, BROWN of Ohio, and BAUCUS, I vent other people from going through call up amendment No. 633. what she had just experienced. So just my community— Fannie wrote— The ACTING PRESIDENT pro tem- 1 week after her deportation was sus- pore. The clerk will report. and I know I can help improve society if I am pended, she came to the U.S. Capitol, The assistant legislative clerk read where I had an opportunity to meet allowed to live in the U.S. and am given law- ful permanent residence. as follows: her. She spoke publicly about her expe- The Senator from Nevada [Mr. REID], for rience, and she called for the deporta- David Martinez, her husband, is willing to give his life for our country. We Mr. CASEY, Mr. BROWN of Ohio, and Mr. BAU- tions of all DREAM Act students to be CUS, proposes an amendment numbered 633. suspended. should give him and his wife Fannie a chance to pursue their dreams—the Mr. REID. Madam President, I ask I met her while she was here and unanimous consent that further read- asked her to explain to me why she American dream. I don’t know that I have ever dealt ing of the amendment be dispensed wants to stay. She said: ‘‘I will send with an issue that has meant so much with. you a letter,’’ and she did. Here is what to me personally because there isn’t a The ACTING PRESIDENT pro tem- it said: place I go in America—anywhere—that pore. Without objection, it is so or- I have spent years in the United States, I don’t have some young person come dered. and consider it my only home. My family, up and look me in the eye and say: I The amendment is as follows: friends, and future are in the United States, (The amendment is printed in today’s which is where I belong. My dream is to be- am a DREAMer. I am counting on you. They are counting not just on me, RECORD under ‘‘Text of Amendments.’’) come a pediatrician so I can treat the most Mr. REID. Before noting the absence but they are counting on the Senate, helpless and innocent among us. I hope to of a quorum, it is my understanding serve families in low income communities they are counting on the Congress, the Republican leader is on his way to who are otherwise unable to afford medical they are counting on our government care. I wish to remain in the United States and our Nation to step forward and re- the floor to offer an amendment, and I so that I can continue to make a positive dif- alize this is the morally right thing to think everyone should understand ference and give back to the community that do and that these dynamic, wonderful there will be no business conducted has given me so much. young people will make this a better until he shows up. I suggest the absence of a quorum. Would America be better off if we de- nation. ported Mandeep Chahal back to India? I urge my colleagues, please, put par- The ACTING PRESIDENT pro tem- I don’t think so. She left that country tisanship aside, support the DREAM pore. The clerk will call the roll. The assistant legislative clerk pro- when she was 6 years old. In her heart, Act. It is the right thing to do for the ceeded to call the roll. she is an American. She just wants a future of our Nation. Mr. MCCONNELL. Mr. President, I chance to prove it and to make this a I yield the floor and I suggest the ab- better nation. sence of a quorum. ask unanimous consent the order for Let me introduce to you one other The ACTING PRESIDENT pro tem- the quorum call be rescinded. person whom I have also met, another pore. The clerk will call the roll. The PRESIDING OFFICER (Mr. wonderful story. The assistant legislative clerk pro- TESTER). Without objection, it is so or- Fannie Martinez, brought to the ceeded to call the roll. dered. United States from Mexico 9 years ago The ACTING PRESIDENT pro tem- AMENDMENT NO. 626 TO AMENDMENT NO. 633 when she was 13. She lives in Addison, pore. The majority leader. Mr. MCCONNELL. Mr. President, I in the State of Illinois, a straight A f call up my amendment No. 626, which is at the desk. student in high school. Earlier this ORDER OF PROCEDURE year, she graduated summa cum laude The PRESIDING OFFICER. The at Dominican University in River For- Mr. REID. Madam President, I ask clerk will report. est, IL, with a major in sociology. This unanimous consent that the order for The assistant legislative clerk read month she is beginning to work on a the quorum call be rescinded. as follows: The ACTING PRESIDENT pro tem- master’s degree at the University of The Senator from Kentucky [Mr. MCCON- pore. Without objection, it is so or- NELL ATCH OHANNS Chicago’s Harris School of Public Pol- ], for himself, Mr. H , Mr. J , dered. Mr. COATS, Mr. LUGAR, Mr. GRASSLEY, Mr. icy. Mr. REID. Madam President, it is my RUBIO, Mr. ROBERTS, Mr. THUNE, Mr. ENZI, Keep in mind, these students who are understanding the majority still has a Mr. PORTMAN, Mr. HOEVEN, and Mr. CORNYN, excelling get no help—none—from the few minutes left in morning business. proposes an amendment numbered 626 to Federal Government. If we think col- The ACTING PRESIDENT pro tem- amendment No. 633. lege is a burden now for those who bor- pore. Four minutes. Mr. MCCONNELL. I ask unanimous row the money or are given grants, Mr. REID. I yield that back. consent the reading of the amendment most of these students have to earn the The ACTING PRESIDENT pro tem- be dispensed with. money if they are going to go through pore. The time is yielded back. The PRESIDING OFFICER. Without school. f objection, it is so ordered. Let me tell you something else about The amendment is as follows: CONCLUSION OF MORNING Fannie Martinez. She is married to (Purpose: To provide trade promotion au- David Martinez, who has served in the BUSINESS thority for the Trans-Pacific Partnership U.S. Army Reserves for the last 8 The ACTING PRESIDENT pro tem- Agreement and for other trade agreements) years. Here is a picture of the two of pore. Morning business is closed. At the end, add the following:

VerDate Mar 15 2010 23:31 Sep 20, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.011 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5740 CONGRESSIONAL RECORD — SENATE September 20, 2011 TITLE III—TRADE PROMOTION The PRESIDING OFFICER. The Sen- These were folks who worked in steel AUTHORITY ator from Pennsylvania. mills, not just for a couple of years but SEC. 301. SHORT TITLE. Mr. CASEY. Mr. President, I rise in many instances decades. They would This title may be cited as the ‘‘Creating today to speak about the amendment graduate from high school, go into the American Jobs through Exports Act of 2011’’. the majority leader just called up. The steel mill and be virtually guaranteed SEC. 302. RENEWAL OF TRADE PROMOTION AU- Trade Adjustment Assistance Program THORITY. of a job for the rest of their lives—a (a) IN GENERAL.—Section 2103 of the Bipar- in particular is what I will focus on in good job with good benefits on which tisan Trade Promotion Authority Act of 2002 my remarks. I want to, first of all, they could support their families. (19 U.S.C. 3803) is amended— thank the majority leader for his lead- Then we know what happened to (1) in subsection (a)(1), by striking sub- ership on this issue, helping us get those workers and that industry. A lot paragraph (A) and inserting the following: started today. I am particularly grate- of their jobs were destroyed in the 1970s ‘‘(A) may enter into trade agreements with ful for the strong leadership Chairman and 1980s because of the decline of the foreign countries— BAUCUS has provided, the chairman of steel industry. It is at times such as ‘‘(i) on and after the date of the enactment of the Creating American Jobs through Ex- our Finance Committee. I thank him that, when someone who has worked ports Act of 2011 and before June 1, 2013; or and his staff for their tireless efforts, their whole life and put all of their en- ‘‘(ii) on and after June 1, 2013, and before not just leading up to today but over a ergies into a job and that job goes December 31, 2013, if trade authorities proce- long period of time. He has been such a away in a matter of weeks or months dures are extended under subsection (c); strong advocate for this program. or a few short years, we have to make and’’; For many months Chairman BAUCUS sure we are there for them at that mo- (2) in subsection (b)(1), by striking sub- has led the charge to assure that a ment. One of the ways we can be there paragraph (C) and inserting the following: strong Trade Adjustment Assistance for them is with trade adjustment as- ‘‘(C) The President may enter into a trade agreement under this paragraph— Program is reinstated because it is im- sistance. ‘‘(i) on and after the date of the enactment portant public policy for our workers, I and every Member of the Senate of the Creating American Jobs through Ex- to get them retrained and to make sure could point to other examples as well, ports Act of 2011 and before June 1, 2013; or they have the skills needed to compete but I remember that horrific history in ‘‘(ii) on and after June 1, 2013, and before in such a tough economy. I appreciate Pennsylvania where families were de- December 31, 2013, if trade authorities proce- his work. stroyed because of the loss of a job. dures are extended under subsection (c).’’; I also appreciate Chairman BAUCUS’s Our trade policies have hit a lot of and work for many years fighting for work- American workers very hard. Espe- (3) in subsection (c)— ers, especially when their jobs are at cially today we are seeing that. I men- (A) in paragraph (1)— (i) in subparagraph (A), by striking ‘‘before risk, their livelihoods and their fami- tioned Pennsylvania’s manufacturing July 1, 2005’’ and inserting ‘‘on and after the lies’ economic security. I thank Chair- jobs as an example. According to an date of the enactment of the Creating Amer- man BAUCUS and so many others. My analysis by the Joint Economic Com- ican Jobs through Exports Act of 2011 and be- colleague Senator BROWN of Ohio has mittee, of which I am the chairman, fore June 1, 2013’’; and been a tremendous leader on this issue from 1997 to 2010—just 13 years—manu- (ii) in subparagraph (B)— as well. facturing went from 16.4 percent of the (I) in the matter preceding clause (i), by One thing we all understand, whether gross State product of Pennsylvania striking ‘‘after June 30, 2005, and before July we are Democrats or Republicans or down to 12.1 percent. In 13 years, a 1, 2007’’ and inserting ‘‘on or after June 1, Independents, is that we are still in the 2013, and before December 31, 2013’’; and short period of time, there was that (II) in clause (ii), by striking ‘‘July 1, 2005’’ midst, still in the grip of a jobs crisis kind of decline in manufacturing jobs, and inserting ‘‘June 1, 2013’’; all across the country. It knows no ge- from roughly 16.5 to 12. In total, the job (B) in paragraph (2), in the matter pre- ographic boundaries, it knows no loss in Pennsylvania manufacturing ceding subparagraph (A), by striking ‘‘April party. People are worried, concerned was nearly 300,000 good-paying jobs. 1, 2005’’ and inserting ‘‘March 1, 2013’’; that their jobs will continually be at While trade adjustment assistance (C) in paragraph (3)— risk. Some, of course, have already lost cannot bring those jobs back, we can (i) in subparagraph (A), in the matter pre- their jobs—almost 141⁄2 million Ameri- take steps to help those workers in a ceding clause (i), by striking ‘‘June 1, 2005’’ cans at last count. tough time as they transition to new and inserting ‘‘May 1, 2013’’; and (ii) in subparagraph (B)— In the midst of that crisis, it is criti- employment, to new skills and to new (I) by striking ‘‘June 1, 2005’’ and inserting cally important that we take the steps opportunities. Many displaced workers ‘‘May 1, 2013’’; and here to make sure those who want to need considerable training to reenter (II) by striking ‘‘the date of enactment of get back into the workforce, those who the labor market. Imagine if any one of this Act’’ and inserting ‘‘the date of the en- want to improve their skills or be re- us did the same job for years or decades actment of the Creating American Jobs trained in some way or another, have and then had to turn on a dime to ad- through Exports Act of 2011’’; and that opportunity. We know in the next just to the difficulties in the economy. (D) in paragraph (5), by striking ‘‘June 30, couple of weeks the Congress will be It takes a while. According to a report 2005’’ each place it appears and inserting ‘‘May 31, 2013’’. taking up free trade agreements. But by the Joint Economic Committee as (b) TREATMENT OF THE TRANS-PACIFIC before we do that, before we begin the well, many of these folks who have lost PARTNERSHIP AGREEMENT AND CERTAIN debate, before we consider those agree- their jobs are much older than the rest OTHER AGREEMENTS.—Section 2106 of the Bi- ments, we have to make sure our work- of the workforce. They need to gain a partisan Trade Promotion Authority Act of ers have the protections they need to number of skills. Fifty-seven percent of 2002 (19 U.S.C. 3806) is amended— deal with the ravages of unfair foreign current participants in the Trade Ad- (1) in subsection (a)— competition. justment Assistance Program are 45 (A) in paragraph (1), by striking the There are lots of ways to talk about comma at the end and inserting ‘‘, or’’; years of age or older—57 percent. Trade (B) by striking paragraphs (2), (3), and (4) this program and this issue. Some of adjustment assistance can better ad- and inserting the following: them, frankly, get a little academic. dress the needs of these displaced ‘‘(2) establishes a Trans-Pacific Partner- The best way for me to understand the workers by requiring training and giv- ship,’’; and importance of trade adjustment assisting additional time for workers to gain (C) in the flush text at the end, by striking ance is very much consistent with the the skills necessary to reenter the ‘‘the date of the enactment of this Act’’ and recent and unfortunate economic his- workforce to prepare to compete in a inserting ‘‘the date of the enactment of the tory of my home State of Pennsyl- tough economy, in a world economy. Creating American Jobs through Exports vania. In our Commonwealth—by way We know these programs work. We Act of 2011’’; and (2) in subsection (b)(2), in the matter pre- of one example, but it is the best exam- know, based upon the JEC report I ceding subparagraph (A), by striking ‘‘the ple I can cite because of the numbers of cited earlier, 53 percent of those who enactment of this Act’’ and inserting ‘‘the workers affected—in the Common- participated in Trade Adjustment As- date of the enactment of the Creating Amer- wealth of Pennsylvania in the 1970s and sistance Programs were reemployed ican Jobs through Exports Act of 2011’’. 1980s, in a short period of time, in less within 3 months; 53 percent were reem- Mr. MCCONNELL. Mr. President, I than a decade, we had tens of thou- ployed after 3 months after leaving the yield the floor. sands of steelworkers lose their jobs. program itself. These participants also

VerDate Mar 15 2010 23:31 Sep 20, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.001 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5741 found lasting employment, with 80 per- I would yield the floor. ardized approval of the South Korea cent of those workers employed within The PRESIDING OFFICER. The Sen- agreement. the first 3 months remaining employed ator from Utah. I strongly encouraged the White by an additional 6 months. Mr. HATCH. I ask unanimous consent House to reconsider so we could have a We know that in 2009, several reforms that immediately following my re- robust debate with TAA considered were made to the program to reflect marks, if it is all right with the distin- solely on its merits. After all, if there the realities of the modern workforce guished Senator from Ohio, the former is such a strong bipartisan support for and the modern labor market. The Trade Representative, the other distin- the program, it should not be shielded amendment I offer today with my col- guished Senator from Ohio, Mr. from a debate and vote in an open league Senator BROWN of Ohio would PORTMAN, be allowed to give his re- forum. It appears the administration reinstate these reforms, including the marks. realized their position was untenable in following, by way of an economic sum- The PRESIDING OFFICER. Is there the face of unequivocal Republican op- mary: No. 1, providing trade adjust- objection? position. Thankfully they chose to ment assistance benefits to service sec- Mr. BROWN of Ohio. No. heed my advice and today we have an tor workers; No. 2, covering workers The PRESIDING OFFICER. Without opportunity to consider and fully de- whose firms shift production to non- objection, it is so ordered. bate TAA. free-trade agreement partner coun- Mr. HATCH. I apologize to Senator If TAA passes the Senate, it should tries—for example, China and India. We BROWN, but Senator PORTMAN was remove what we hope is the last obsta- hear a lot of people talking around promised he would be able to speak at cle the President and his party placed here about how we have to compete 11:45. in front of FTAs. We will see. To date with China and India and keep our The PRESIDING OFFICER. The Sen- there is little evidence that the Presi- workers at a high skill level to do that. ator from Ohio. dent is finally ready to step up to the This is one way to do that. No. 3, fi- Mr. BROWN of Ohio. I thought Sen- plate. It has not been for lack of effort nally, increasing the health care tax ator HATCH said that the senior Sen- on our part. House leadership made it credit subsidy to 72.5 percent and here- ator from Ohio, then the junior Sen- clear that TAA will be considered in by addressing one of the most signifi- ator from Ohio. tandem with the FTAs, as the Presi- cant costs for those without a job, the The PRESIDING OFFICER. The UC dent requested. Chairman CAMP worked cost of health insurance. request is for the Senator from Utah, with Senator BAUCUS to develop a sub- We all know, and I know firsthand, the junior Senator from Ohio, then the stantive deal on TAA, as the President the benefits of a strong trade adjust- senior Senator from Ohio. requested. Despite my deep reserva- ment assistance program based upon Mr. BROWN of Ohio. I didn’t under- tions about the program, a number of what has happened in Pennsylvania stand that from my conversations, but my Republican Senate colleagues over many years. I do not object. stepped up in support of the TAA com- According to the Department of Mr. HATCH. Mr. President, I strongly promise negotiated by Chairman BAU- Labor, from May of 2009 through June oppose the TAA amendment offered by CUS and Chairman CAMP and even put of 2011—a little more than 2 years— my good friend and colleague from their assurance in writing to support nearly 10,000 additional workers quali- TAA. Before the August work period, Montana, Chairman BAUCUS. Before I fied for assistance due to these essen- Senators MCCONNELL and REID articu- get into the specifics, I think it is im- tial reforms in Pennsylvania. So the lated a process for consideration of portant to put this debate in context. reforms we made in 2009 have helped TAA and the FTAs, as the President For years I have been working to en- nearly 10,000 workers in Pennsylvania. agreed or requested. sure that our pending trade agreements If you look at it nationwide, 185,783 ad- Still the administration refuses to with Colombia, Panama, and South ditional workers were certified for TAA provide any real assurance that it will Korea receive fair consideration in the participation because of those reforms. actually send the pending free trade Senate. Unfortunately, while I worked In total, trade adjustment assistance agreements to Congress for a vote. I to get these agreements approved, oth- has assisted nearly half a million peo- am very disappointed we still have not ple over this time period. Our action ers placed obstacles in the way. As a heard definitively from the White this week will ensure that thousands of result, days, weeks, and months passed. House that they will send up the three American workers will be able to count Eventually those months turned into FTAs. As for the trade adjustment as- on retraining and other support if they years. Now 4 years later, we are taking sistance amendment before us today, I lose their job through no fault of their out the sixth renewal of trade adjust- wish to summarize for my colleagues own. ment assistance in the time these trade my concerns with the proposed ex- More and more jobs—and we all know agreements languished. To me, it is panded program, and my objections to this but it bears repeating—have been highly ironic that we not only passed additional domestic spending for this sent overseas, leaving workers out in but expanded legislation to help work- program at a time of immense budget the cold. Nothing they did has caused ers who are allegedly harmed by trade difficulties. outsourcing of their job, and yet they agreements five times over the last 4 First, there is little evidence that the are left with the consequences and years, while we have yet to pass a sin- TAA Programs actually work. In fact, their families suffer with those same gle trade agreement. the opposite is true. Recent studies by consequences. To get jobs in new indus- This March President Obama made professors at American University have tries, workers need new skills. They himself perfectly clear: Unless Con- found that the TAA program: need to be retrained and introduced to gress agreed to spend more money for . . . has no discernible impact on the em- new skills. Trade adjustment assist- this pet trade priority, he would never ployment outcome of the participants. ance helps those workers hurt by for- send a trade agreement to Congress If that is the case, I cannot under- eign trade get back to work, while also and U.S. workers would never benefit stand why we would expand this inef- ensuring workers have a skilled work- from these agreements. Basically, the fective program. force at the same time. President held U.S. exporters hostage This summer I was surprised to learn Finally, let me urge all my col- while he squeezed more spending out of from an article in the Wall Street leagues to support this amendment. Congress. Journal that the Department of Labor Trade adjustment assistance has a long Despite my deep disappointment in is 4 years late on producing a report to and proud history of bipartisan support the President’s failure to make these Congress intended to demonstrate that in the Senate, and I hope we can con- agreements a priority, I am pleased we the numerous Trade Adjustment As- tinue that with this amendment and are having this debate today. Earlier sistance Programs actually improve with this work. Those who have been this summer the administration tried the employment outcome for TAA par- affected by this know this story better to jam the domestic spending program ticipants. Yet today we are considering than I or better than any of us, and it into the Korea Free Trade Agreement an amendment to not only reauthorize is about time we stood with those implementing bill. I strongly opposed the program for 3 years but to make workers when they and their families this move. I believe it violated long- many of the benefits retroactive. Be- are suffering. standing trade rules and seriously jeop- fore we authorize $1 billion more in

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In his first mestic competitor, and a third loses people in this country receive. report on the subject, the Government his or her job because of foreign com- The administration likes to talk Accountability Office identified dozens petition. How can we tell two of our about the multiplier effect of new Fed- of programs without any identifiable fellow Americans ‘‘tough luck’’? Two eral spending, but I don’t think this is metrics on whether they actually suc- can only use the general job training what they had in mind. For each initial ceeded in their mission. At a time of and unemployment insurance programs wasted taxpayer dollar, the govern- crushing budget deficits and increasing while the third worker is provided with ment multiplies the losses and man- debt, Congress could easily start by a host of more training, income sup- ages to waste another quarter. eliminating these programs that have port, and health care benefits. This Solyndra tried to make solar panels no proven track record of success and, does not seem right to me. Why are we but ran up their costs far higher than in my opinion, we would have to put picking winners and losers amongst the even domestic competitors. Ulti- TAA at the top of that list. Consider other 14 million Americans looking for mately, with costs above the competi- that we are still waiting on the report work? tion, the company failed. Of course, the from the Department of Labor on I am also troubled that although failure was blamed on China. If you TAA’s efficacy. I suspect if the facts union workers are less than 7 percent cannot even outcompete U.S. compa- and data clearly demonstrated benefits of the private sector workforce, union nies, it wasn’t foreign competition that to workers participating in the TAA workers receive over a third of TAA ruined your business, it was simply a Programs, the report would have been certifications. I do not see why we failed business model. issued years ago. I am sure this report should support this vicious cycle. During our hearing on the South will be issued, but only after TAA has Unions drive industry after industry Korea Trade Agreement, Deputy U.S. been passed. I cannot support increas- into bankruptcy by insisting on re- Trade Representative Marantis testi- ing funding for a program without any strictive work rules and overly gen- fied that the purpose of the TAA Pro- real evidence that it works. Some will erous compensation and benefits plans, gram is to help workers manage the argue more people are using the pro- and the taxpayer gets to clean up the transition to globalization and help gram, therefore it must be working. I mess by providing the now unemployed workers train to be able to take advan- strongly reject that argument. Spend- workers with a new set of benefits far tage of the opportunities presented in ing more money and certifying more more generous than those received by the new economy. workers does not mean a program is others. Unfortunately, encouraging vi- Well, according to President Obama succeeding. It simply means the pro- cious cycles appears to be an objective and Vice President BIDEN, green jobs gram is expanding, and that is my sec- to this administration when it comes such as those found at Solyndra were ond concern. Like many Federal Gov- to TAA. supposed to be the jobs of the new ernment programs, this domestic Let me share with you another one. economy. Now that the new economy spending program continues to grow By now most of you have heard of a venture failed, those very same work- and grow. TAA money now goes to company called Solyndra. It was held ers are going to be retrained, at tax- farmers, firms, community colleges, up by the President and his adminis- payers’ expense, for other jobs in the and service workers. Even more trou- tration as an example of the wonders of new economy. Government, under the bling, the critical nexus between job the stimulus and its ability to trans- President’s green agenda, picks win- loss caused by trade agreements and form taxpayer dollars into green jobs. ners and losers and then pays off the TAA eligibility has been jettisoned. Here is how President Obama described losers when it makes the wrong picks. Today all workers who lose their jobs it: Pardon the American taxpayer for allegedly due to ‘‘globalization’’ could And we can see the positive impacts right jumping to the conclusion that this be eligible. As the global economy and here at Solyndra. Less than a year ago, we plan doesn’t make sense. global supply chains become more inte- were standing on what was an empty lot. But Let’s not forget that a handful of grated, I suspect the potential number through the Recovery Act, this company re- States receive the lion’s share of TAA of beneficiaries and the cost to the U.S. ceived a loan to expand its operations. This money. Again, this is unfair on its face taxpayer will grow enormously. new factory is the result of those loans. and represents a distorted allocation of Third, at a time when we need to se- Well, the President was right about Federal resources. verely constrain Federal spending, this that. The new factory was a result of President Reagan did not graduate program increases it. In 2009, TAA was the taxpayer-provided loans. According from an Ivy League college and he was significantly expanded as part of the to the Wall Street Journal, those very not the editor of any law review, but President’s failed stimulus bill. Most of same taxpayer loan guarantees also the man understood how the economy those increased costs are included in were a prime cause of Solyndra’s bank- grows and what types of programs the TAA amendment before us today, ruptcy. The ‘‘taxpayer dollars to create waste precious government resources. but there may be additional hidden green jobs’’ alchemy worked about as This was his assessment of TAA: costs. Because the income support and well as medieval attempts to turn lead The purpose of TAA is to help these work- the health coverage tax credit are enti- to gold. ers find jobs in growing sectors of our econ- tlements, there is no cap on future That is not the end of the story. To omy. There’s nothing wrong with that, but spending. Although the health cov- ensure the circle of taxpayer losses re- because these benefits are paid out on top of mains unbroken, the former Solyndra normal unemployment benefits, we wind up erage tax credits are to expire when paying greater benefits to those who lose ObamaCare goes into full effect, I have employees have now applied for trade their jobs because of foreign competition serious doubts that they actually will. adjustment assistance. That is right. than we do to their friends and neighbors History shows again and again it is As reported first by Americans for who are laid off due to domestic competi- much easier to create an entitlement Limited Government, and then con- tion. Anyone must agree that this is unfair. than to end one. firmed by Investors Business Daily, That was President Reagan. As I said, I suspect this program, like Solyndra employees have applied to I certainly do, as do most of my con- most Federal programs, will cost more the Department of Labor for trade ad- stituents, think the last thing this than expected, especially after unem- justment assistance. economy needs is another big spending ployment insurance returns to its tra- To recap, the administration pro- program. ditional 26-week level, which will con- vides loan guarantees to a failing com- Another important point is that TAA sequently increase the use of trade re- pany and in the process saddles the fuels the fire of virulent antitrade allocation allowances and increase the taxpayer with over $1⁄2 billion in poten- propagandists. TAA supporters say the TAA Program’s cost. tial liability. These same loan guaran- program keeps faith with American

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After all, the number of trade- Each time we have tried to move these farmers and our service providers. dislocated workers is certified by the agreements, a new roadblock has been There is one agreement on which we government. erected. And while we dilly and dally, are negotiating, a regional agreement As the program is expanded to in- our trade competitors take more of our called the Trans-Pacific Partnership. I clude more and more people and enti- market share around the world, and support the continued negotiation ties, including community colleges, American businesses and farms lose there, but, frankly, it is not a bilateral firms, farmers, and fishermen, the more money and more jobs. agreement that is likely to reduce bar- myth that trade is bad for the Amer- There has to be a better way. I urge riers significantly. ican worker finds ready fodder and con- the President to reconsider his trade The United States is getting left be- tinues to build. Instead of helping build priorities. Instead of expending his po- hind. We lost trade promotion author- the case for trade, TAA certifications litical capital on expanding the Fed- ity in 2007. It expired. At that time, are used to show that trade is bad. In eral Government, he should liberate President George W. Bush came to the the end, TAA is really just a govern- the U.S. worker by accepting our offer Congress and asked for it to be re- ment subsidy for an antitrade propa- to provide him with the authority to newed. Then a Democratically con- ganda. open new markets to U.S. exports. Our trolled Congress said: No, we don’t Many of those dedicated to fighting a economy is in dire straits, unemploy- want to give you the ability to nego- market-opening trade liberalization ment is sky high, and Federal spending tiate these agreements that help, as agenda and who are hostile to a is out of control. We need the Presi- Senator HATCH has said, expand jobs in thoughtful and ambitious trade policy dent’s leadership, and we need it now. this country. cite each TAA certification and each I yield the floor. President Obama’s administration TAA benefit conferred as further evi- The PRESIDING OFFICER. The Sen- has not asked for the authority. In dence that trade and trade agreements ator from Ohio. fact, as Senator HATCH has just indi- are bad for America. These same Mr. PORTMAN. Mr. President, let me cated, they don’t seem interested in groups use TAA certifications and TAA start by thanking the senior Senator having it, which is unbelievable to workers to attack the companies that from Ohio for his generosity in allow- me—that you would not want the abil- laid those workers off as outsourcers, ing me to speak now. I also commend ity to negotiate with other countries even attempting to name and shame Senator HATCH, who has been a leader to knock down barriers to help our the CEOs of those companies. For good- in expanding exports and therefore cre- workers, our farmers, and our service ness’ sake, why should we expand a ating jobs for many years, and again he providers here in this country. But program that arms the harshest trade is standing today talking about the im- that is where we are right now. critics with more fodder for their ill-in- portance of us moving forward on a Before the 2007 expiration of trade formed and relentless attack on trade? progrowth trade agenda, including giv- promotion authority, the United Finally, TAA should move with TPA. ing the President the ability to have States was active and involved in Despite what many of my colleagues agreements that knocked down bar- and many so-called trade experts say, trade promotion authority. That is riers to our exports. There were three TAA does not move with trade agree- what I wish to talk about today. Senator MCCONNELL, the Republican agreements negotiated now 3 and 4 ments. In fact, historically significant leader, introduced an amendment to years ago, and these were agreements expansions and reforms to TAA have the underlying legislation saying that, with Panama and Colombia and Korea. moved with omnibus trade legislation Those are the three agreements that that included grants of trade negoti- along with trade adjustment assist- have been talked about a lot on this ating authority to the President. ance, for the same 3 years there also be There is a myth that TAA has always trade promotion authority given to floor over the last day because the received strong bipartisan support. this President, which all of his prede- trade adjustment assistance we are Again, the historical record does not cessors have had. That makes sense. talking about is related to those three bear this out. A simple review of a very The legislation in the amendment is agreements. We need to get them done. helpful history of TAA provided by actually identical to legislation I in- They have been languishing for too CRS this August shows just how con- troduced my first week here in the long. Obviously, the United States, not troversial TAA has always been and Senate on a bipartisan basis with Sen- being able to negotiate anything in the continues to be and confirms that TAA ator LIEBERMAN to provide the Presi- interim period, has fallen behind, but reforms traditionally move with TPA. dent with trade promotion authority. at the least, we should move ahead and Inexplicably, this President doesn’t It is incredibly important. ratify these three agreements. The want TPA trade promotion authority— I think it goes without saying that President’s own metrics tell us these and the White House is actually en- we live in an increasingly inter- three agreements alone will generate couraging Leader REID and Democratic connected world where the movement 250,000 new jobs in this country. Look, Senators to vote down a TPA amend- of goods and services and people across with unemployment at over 9 percent, ment Leader MCCONNELL will offer. borders is part of our economy. It is we need those jobs, and the jobs tend to Leader REID and Chairman BAUCUS and very much an economy where the be better paying jobs with better bene- the White House have also apparently United States is connected to our glob- fits. asked the business community to op- al competitors. We are moving forward What has happened in the interim pose an amendment on TPA as well, de- around the globe on various arrange- while we have not moved forward with spite the fact that the business comments, export agreements at a rapid these agreements? Well, Korea has munity has uniformly supported the pace. Yet I am sorry to say the United started a negotiation with the Euro- granting of trade negotiating authority States is simply not a part of that be- pean Union since our agreement was fi- to every President, regardless of party. cause we do not have trade promotion nalized and completed that agreement This is all baffling to me. But I agree authority. and now made that agreement effective with Leader MCCONNELL that the Presi- These agreements that are being ne- in July of this year. Exports from the dent needs TPA whoever the President gotiated open markets for workers and European Union to Korea increased 36 is—as soon as possible, and I can’t farmers and service providers to be percent in July alone. Our exports to imagine any President not wanting able to expand exports, again, of goods Korea during that time period, by the that authority. As I suspect the Demo- and services. way, increased less than 3 percent. crats will vote down granting their By the way, there are over 100 of What is happening? We are losing President trade negotiating authority, those bilateral agreements being nego- market share. We are losing jobs while I must also be inclined to vote against tiated today. Guess how many the we sit back and allow these other coun- this TAA amendment. United States is party to. None, not a tries to negotiate. Remember, over 100

VerDate Mar 15 2010 02:01 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.016 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5744 CONGRESSIONAL RECORD — SENATE September 20, 2011 agreements are being negotiated, and to President Obama. The underlying Mr. BROWN of Ohio. Mr. President, I we are not parties to any of them. amendment we are talking about pro- thank the Senator from Ohio for his The same thing is happening in Co- vides trade promotion for 3 years, so it kind words. I appreciate his support, lombia. Since we negotiated the agree- would be for the remainder of the his public support—he did not speak ment with Colombia, Colombia started President’s term and, if he is reelected, specifically on the Casey-Brown-Bau- negotiating with other countries, infor the next couple of years or, if a Re- cus amendment, I do not believe; I had cluding Argentina and Brazil, and publican is elected, for that person. It to step out for a moment, but I know guess what has happened. They have should not be about party; it should be he has said positive words about re- completed that agreement, it has gone about our country. starting, if you will, trade adjustment into effect, and, again, our market The President has been talking in the assistance, and with some expansion, share has diminished. We used to pro- last couple of weeks about the fact not quite as good as it was 2 years ago, vide about 71 percent of the agricul- that he wants products stamped with but still a very important program. tural exports, including corn, wheat, three words: ‘‘Made in America.’’ I I appreciate Senator PORTMAN’s and soybeans, to Colombia when we couldn’t agree with him more. He is words and his support of expanding it, completed the agreement. Today, that saying they should be exported all and I hope he joins with some other Re- market share is down to 26 percent. around the world? How is that going to publicans in actually supporting the That means farmers in Ohio, Montana, happen? It is going to happen by open- Casey-Brown-Baucus amendment. Utah, Pennsylvania, and elsewhere are ing these markets, by leveling the I particularly thank Chairman BAU- being disadvantaged by our trade pol- playing field for us as Americans so we CUS for his strong support of trade ad- icy. can compete and win. justment assistance. Senator CASEY, We have to move forward with these When we open these markets, we ex- especially, has pushed for this for, well, agreements. Instead of having in- pand exports dramatically. almost a year now, when in December creased exports from Seoul, Bogota, Think about this: Countries with we did everything but beg our col- Calgary, and Munich, they should be which we currently have trade agree- leagues to renew this program that coming from Cincinnati and Cleveland ments which comprise less than 10 per- helps workers who are unemployed and Columbus and Dayton. Interest- cent of the global GDP—think about it. through no doing of their own. ingly, Korea and Colombia have now We do not have an agreement with In early 2009, we had written a very started negotiating an agreement with China or the European Union. It is good trade adjustment assistance: If themselves. Again, we are not moving about 10 percent or less of the global you lose your job because of a trade forward because we are not part of economy. Yet that is where we send agreement, or if you lose your job be- these agreements because we do not about 41 percent of our exports. cause of trade, even if it is a service These agreements are good for us, have trade promotion authority. job—it used to just be manufacturing— which is why the Colombia agreement, I think these three agreements that I you will get two things: One, you will the Panama agreement, and the Korea hope the President finally sends to the get trade adjustment assistance so you agreement, in my view, will be able to U.S. Congress for ratification are ex- can continue with your life and not get pass this floor easily because the facts amples of the kinds of agreements that foreclosed on, you can continue to pro- are there, if the President will just we could have been negotiating over vide for your kids, and you can have a send them. By giving the President the past 3 or 4 years and that we should little bit of money to get retrained. trade promotion authority, we could go start negotiating tomorrow, by this I met a woman in Youngstown not on and, indeed, make good on his prom- too long ago who lost her manufac- Senate and the House, giving the Presi- ise to have more products stamped turing job to trade. She got TAA. She dent the trade promotion authority he with those three words, ‘‘Made in used that money to go to nursing needs to be able to have those negotia- America,’’ sent all over the world. tions and to open those markets for It is a little bit ironic to me that the school at Youngstown State Univer- U.S. products. underlying bill we are talking about, sity, and she was in school with her The reality is that trade promotion the TAA, the trade adjustment assist- daughter who was also getting a nurs- authority is vital for any President to ance, is attached to the generalized ing degree. You think: That is exactly have. Why? Because if you don’t have system of preferences, GSP. It is not how TAA works. There are those exam- trade promotion authority, the other legislation I oppose, but it is legisla- ples, I am sure, in Philadelphia and countries will not sit down at the table tion that opens the United States more Harrisburg, and I will bet you there are and bargain with you. It is a pretty to products from other countries. So even examples in Provo of trade adjust- simple concept. If you want to get the here we are talking about opening up ment assistance working in that way. best deal from another country, you the United States more with the GSP That is why it is so very important. have to have trade promotion author- bill, and yet we are not willing to put At the same time, the language we ity because here in America, after we in place measures to open up other wrote also gives help for people to con- negotiate an agreement at the execu- markets more for the United States of tinue their health insurance. I was at a tive branch level, it has to come to America through trade promotion au- place in Columbus not too long ago Congress, and other countries don’t thority. How does that make sense? that specializes in helping people get want to renegotiate an agreement with But that is where we are. back on their feet and get work. To the U.S. Congress that would be full of To my colleagues, I will say, if we are hear someone tell a story: First, they amendments and changes. So in order not engaged in opening markets, we lose their job. They do not get much for us to ensure we can get the best are falling behind. America needs to assistance. Then they lose their health deal, we have to give the President get back in the game again. We need to care. Then they have to talk to their trade promotion authority. take a leadership role in global trade. 12-year-old son and 14-year-old daugh- Every President since Franklin Dela- That means giving this President and ter about moving because they lost no Roosevelt has asked for this author- all future Presidents the ability to ne- their home. ity and received it. It is unbelievable to gotiate, just as all of their predecessors Does nobody here—I should not say me that this President does not want have had. I strongly urge my col- ‘‘nobody’’ because a lot of my col- that. I believe he must want it—any leagues, Democrat and Republican leagues do care, but does nobody here President would—and he should ask for alike, to give to this President the care about somebody who has to sit it, and we should provide it to him. same authority other Presidents have down with their kids and say: Sorry, This amendment does exactly that. had of both parties. Our economy and honey, we are going to lose our home Congress has given TPA authority to the future for our children and our because of foreclosure because we lost Democrats and Republicans alike. It is grandchildren depend on it. our jobs and we are not getting re- not a partisan issue. So a Republican Again, I thank my colleague from trained and finding any work? That, to Congress has given it to a Democratic Ohio for his generosity, and I yield the me, is what this is all about. President and vice versa. floor. I want to talk a little bit about trade I stand as a Republican telling my The PRESIDING OFFICER. The sen- adjustment assistance beyond what I colleagues that I would like to give it ior Senator from Ohio. said, but I also want to talk about

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The United States ama—as if Mexico and Central America The last comment I will make: I have of America practices trade according and China were not enough—this whole said enough about the bankruptcy of to an economics textbook that is 20 idea of free trade at any cost is bank- American trade policy, its moral bank- years out of date. rupting our country. That is why wages ruptcy and economic bankruptcy alike. In my first year in the House of Rep- during the last 10 years, during the Our trade deficit in 2010—I do not like resentatives, the Congress passed the Bush administration and since—since to come to the floor and use a lot of North American Free Trade Agree- 2001, wages in this country have gone numbers—if this is not reason enough, ment, something I know if Senator down. We have lost jobs in this coun- in 2010 our trade deficit was $634 bil- CASEY had been here he would have try, almost. We have not grown jobs in lion. You do know what that means. voted against it. I voted against it. I this country. It is about what we had That means, basically, every day we remember the promises, the promises in 2001, with a much larger population. buy almost $2 billion more worth of from the free-trade-at-any-cost crowd, Wages down, job growth flat, and the goods made abroad than we sell that NAFTA would create hundreds of trade policy is working? So our answer abroad—almost $2 billion a day. thousands of jobs. They said it with is, let’s do more of it, as if NAFTA and If one-tenth the attention was paid NAFTA. They said it with PNTR with CAFTA and PNTR were not enough? to the trade deficit as we pay to the China. They said it with the Central Let’s do more trade agreements? Let’s budget deficit, this would be a better American Free Trade Agreement: If send more jobs overseas? Also, we can country. We would see more manufac- you pass this, it is going to mean more practice trade according to what the turing in places such as Cleveland and manufacturing and more high-tech jobs Washington Post and the New York Columbus and Dayton. and stronger communities. Look what Times and the rightwing papers and Our trade deficit with China was $273 it has meant. the leftwing papers and the Harvard billion in 2010. Ten years before—before Go to Springfield, OH, go to Ash- economists and the economic elite in PNTR—our trade deficit with China tabula, go to Lima, go to Mansfield, go this country say? Also, they can follow was $68 billion. It went from $68 billion to Zanesville, go to Chillicothe, go to what they learned in economics 101, to $273 billion in one decade. That Xenia. Look at these medium-sized cit- taught with a textbook that is 20 years works so well that we should do more ies of 30,000, 40,000, 50,000, 60,000 people, out of date? It is not working for our of it? President Bush said $1 billion in and look at what has happened to country. trade surplus or trade deficit translates them. Often in smaller communities— I was talking on the phone today into 13,000 jobs, a $1 billion trade sur- the Senator from Montana, the Pre- with a retiree in eastern Ohio, and she plus means 13,000 additional jobs, $1 siding Officer, knows this—a husband had just been with her son who was billion trade deficit means 13,000 fewer and wife both work at a plant. about to be deployed at his base. She jobs. In Jackson, OH, I was walking a and her husband went and visited her So our trade deficit with China last picket line with some workers who son. He is a marine. She went to the year was $273 billion. You do not have were locked out, and then the plant ul- commissary, and do you know what. to be good in math to know that trans- timately closed. For a number of the She bought a hat that said ‘‘Marines.’’ lates into a lot of jobs. Making prod- people I saw, the husband and wife both I think it said ‘‘Marines.’’ She bought a ucts sold at the Capitol, making prod- worked at this manufacturing plant, hat. She bought a bunch of stuff at the ucts sold at commissaries, making each making about $12 or $13 or $14 an commissary. Where was it made? products sold all over—until we figure hour. They were middle class with Guess. It was not made in Helena. It this out and pass trade agreements their combined income. When this was not made in Harrisburg. It was not that are actually in our national inter- plant moved overseas, their family in- made in Columbus. This is insane. We ests, we are simply, pure and simple, come was wiped out. have American flags that are made betraying our national interests and It happens over and over in small abroad. We have products in com- betraying the middle-class families and towns. It happens in Dayton and it hap- missaries that are made abroad. We the families in our country that aspire pens in Cleveland and it happens in Co- have products Senator SANDERS spoke to be middle class. lumbus and Philly and Pittsburgh and out against sold here in the U.S. Cap- I support the Casey-Brown-Baucus Harrisburg. It happens in small towns itol that are made abroad. Why? Be- amendment and thank Chairman BAU- and big cities. cause we have a trade policy that is CUS again for his work. Then we see this free-trade-at-any- morally bankrupt, politically bank- I yield the floor. cost crowd come to the Senate floor rupt, economically bankrupt, and it is The PRESIDING OFFICER. The Sen- and say: If we only had trade pro- not working for our country. ator from New Jersey. motion authority, we could do more of That is why this whole idea of trade f this because it works so well. Free promotion authority so we can do more trade has worked so well for our coun- of the same makes no sense at all. But UNANIMOUS CONSENT REQUESTS— try. it is also why we need to pass the S. 1094 Why have we lost these hundreds of Casey-Brown-Baucus amendment. Mr. MENENDEZ. Mr. President, I thousands of jobs? Do you know why? When we made the reforms to TAA in have come to the floor to pursue a Because the business plan in this coun- 2009, 185,000 additional trade-affected unanimous consent request on some- try, the business plan, never in world workers became eligible in every State. thing that is critical to families in my history—I do not think we have seen Mr. President, 227,000 workers in 2010 home State of New Jersey, which has this ever in world history—is where a alone participated in TAA. They got the highest rate of autism, but is also business plan for a company is to shut trained for new jobs that employers are critical to families across the country down production in Steubenville, shut looking to fill. I think we all know who have a loved one who faces—in the down production in Toledo, move that that we have, even in these bad eco- spectrum of autism and other develop- company to Shanghai, move that com- nomic times, jobs that remain unfilled mental issues—the need to get the pany to Mexico City, make those prod- because they cannot find workers with help, so their child, their loved one, ucts, and sell them back into the the right skills. This will help to fill can fulfill their God-given capabilities. United States. So their business plan is that gap. We should all be for this. Last Tuesday morning, a full week to shut down manufacturing in this According to the Peterson Institute, ago from today, I sent this bill before country, go overseas, hire cheaper before the recession hit, between 2001 the Senate for unanimous consent, and workers, in places where there are and 2007, two-thirds of TAA partici- that unanimous consent was cleared on weaker environmental laws, non- pants found jobs within 3 months of the Democratic side, but it has not existent worker safety laws, and sell leaving the program. Ninety percent been cleared on the Republican side,

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This result, the result this legislation has made an enormous us who object support autism research. of a bipartisan effort with Senator difference in their lives. So I don’t un- We will continue to try to make sure ENZI, who is the ranking member of the derstand any reason, considering all the funding for medical research is Health, Education, Labor, and Pen- the work that has been done, consid- there. But it makes absolutely no sense sions Committee, is vital to ensuring ering the bipartisan support, consid- for us, from where we sit, to try to play that the programs created under the ering the House Republican majority is scientists and physicians and to know landmark Combating Autism Act of offering the same legislation, why we where the best outcomes will be and 2006 continue. have not been able to pursue this. where we get the most for our money. That bill was signed into law by Therefore, I ask unanimous consent If we are going to do that, we might as President George W. Bush after passing that the Senate proceed to the consid- well decide what kind of medical equip- the Senate on a unanimous consent. eration of Calendar No. 163, S. 1094, the ment is going to be used or what kind This long history of bipartisan support Combating Autism Reauthorization of drugs are going to be used, and we only adds to my confusion as to why Act; that the bill be read a third time certainly don’t have that capability. there are colleagues on the other side and passed, and the motion to recon- I am very thankful Dr. COBURN has of the aisle who are currently pre- sider be laid upon the table, with no in- taken up this issue for years and urged venting the bill from passing. tervening action or debate. us to leave the decisions for medical This legislation has unanimous sup- The PRESIDING OFFICER. Is there research in the hands of those who un- port from Democrats and strong bipar- objection? derstand it. Our job, as a Congress, is tisan support throughout the Senate, Mr. DEMINT. Mr. President, on be- to continue to appropriate the money, including nine Republican cosponsors. half of myself and several colleagues, I which we will, for medical research. Without Senate approval, the Com- object. Autism research will continue, as well bating Autism Act will sunset at the The PRESIDING OFFICER. Objec- as research for many other diseases. end of next week, leaving countless tion is heard. Hopefully, we can make sure that fund- families across our Nation without the The Senator from South Carolina. ing is there because many families are support they need in caring for their Mr. DEMINT. Mr. President, I wish to suffering and we need to make sure we children with autism. commend my colleague for his atten- do our part in the research area. This bill provides an additional 3 tion to this issue. Autism is a very dif- So I welcome my colleagues in the years of guarantees simply in the con- ficult issue for many families, and the majority bringing this bill to the floor text of an authorization. Obviously, we incidence of autism in our country is for debate. We certainly are not block- would have to go through the appro- growing. I am thankful Congress, in its ing debate on this issue. But passing priations process and there would have wisdom, a number of years ago, estab- something such as this, without any to be debate and it would be voted on lished agencies such as the Centers for debate and without any open vote, is the floor, but that authorization for 3 Disease Control and the National Insti- not what Congress should be doing years at the fiscal year 2011 appro- tutes of Health, where we have sci- right now. priated levels for the programs for the entists and physicians and many others I thank the Chair, and I yield the Centers for Disease Control and Pre- who are dedicating themselves to re- floor. vention, the National Institutes of searching not just autism but cures for The PRESIDING OFFICER. The Sen- Health, and the Health Resources and many diseases. ator from Oklahoma. Services Administration is vital to I appreciate again my colleague Mr. COBURN. Mr. President, I thank continuing our efforts on diagnosing bringing this up, but I am afraid this is the Chair for the recognition, and I autism spectrum disorder, advancing another example of political good in- wish to recognize the good work my behavioral therapies to improve social tentions having many unintended con- colleague, the Senator from New Jer- abilities with those with autism, pro- sequences. The lobby to support autism sey, has done on this issue. viding families with education and sup- is definitely very strong, and we appre- I have been in the Senate a little port services to better understand au- ciate that, but there are many diseases over 6 years and I was cajoled into al- tism, and to coordinating Federal ef- that children and people throughout lowing this to pass the last time it forts on researching autism. our country face. We have put experts passed. I have blocked every other dis- I have worked closely with Senator in place to determine where we can ease-specific piece of legislation, and ENZI, who has been a cochampion in re- spend the money we allocate for med- there is a reason for that. Both the last gard to this legislation and addressing ical research, and we need to leave that Director of the NIH and the current all concerns. Since it cleared the to the experts. one caution against us being specific in Health, Education, Labor, and Pen- We have seen unintended results what we demand them to do. There is a sions Committee with full bipartisan when our government tries to pick win- reason for that. Our science is chang- and unanimous support, I thought we ners and losers. We tried to do it in the ing enormously—enormously. We are had succeeded in addressing those con- solar business 1 year or so ago. There now at the molecular level, at the ge- cerns. I have not been approached or are many companies in the solar busi- netic level, and at the immune level of heard a single objection from any Re- ness, but we picked one, and we didn’t thousands of diseases. What we republican as to why they might hold exactly know what we were doing. We search in diabetes now has prevalence this bill, and I have been open in my gave $1⁄2 billion dollars to an effort that for neurosciences. What we research in willingness to work with the other side turned out not to be the best place to neurosciences now has prevalence for in addressing their policy concerns. send taxpayer money. tons of other diseases. Dr. Zerhouni has Having not heard a single objection to Autism research will continue, and I said: Please don’t do this. the merits of this legislation—which, think that is something we need to I am known in this body to be a by the way, is an exact replica of what make very clear. The people we have stickler on spending, but if there were is being offered by the Republican ma- put in charge of doing medical research two areas I would increase spending in jority in the House—I have to assume will continue to do that medical re- our budget it would be to the NIH and this is for reasons other than policy. search. The Congress does not have to to the National Science Foundation— We have had a week to bring this for- decide how much we are going to spend both of them—and I recently reported ward. It has caused incredible uncer- on all the different diseases that affect out a report that was somewhat crit- tainty and unnecessary worry for the Americans. There are many children ical of some of the spending on the Na- parents of children with autism as they facing diseases we don’t understand, tional Science Foundation. We can do

VerDate Mar 15 2010 02:01 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.019 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5747 everything better. But the important was not authorized for anything. There a diminution of funds at the end of the aspect is no one who is opposing the re- were no authorizations at all. So this day. So we either believe in a disease- authorization of this bill right now is money isn’t going to go away. There is specific reauthorization, which to some opposed to autism research or the ideas no hurry. There is no tragedy. We can degree would be allowed, but then we behind it. What we are opposed to is continue, and we can work as col- take away all the funds. tying the hands of the researchers and leagues to try to solve our problems as The whole reason this legislation the Directors at NIH and telling them well as meet the demands the Senator came to being was to coordinate the what they should do and how they from New Jersey thinks must be met. very efforts of the Federal Government should do it. With that, I yield the floor. together to, in essence, meet the chal- I would also dispute the fact the The PRESIDING OFFICER. The Sen- lenge of autism. money will go away. The CR we are ator from New Jersey. Even when we listen to debate on dis- going to consider this week will con- Mr. MENENDEZ. First of all, I appre- ease-specific legislation and the opposi- tinue this funding at the level it is ciate my colleague’s offer and cer- tion to disease-specific legislation, I until November 18, which gives us plen- tainly we will take him up on it—to would emphasize that while the name ty of time to work with Senator have a discussion to see if we can come would suggest this is only about au- MENENDEZ to work out some of our to a common understanding because tism, this improves services for chil- problems with this piece of legislation. the issue is far more important than dren with many different develop- So we come to this debate in good anyone’s ideological views. I look for- mental disorders and conditions—from faith. We recognize the emotional ties ward to working with him and others autism, yes, but Down syndrome, cere- associated with such a devastating dis- who are concerned. bral palsy, spina bifida, intellectual ease. As an obstetrician and pediatri- Let me say, however, there are some disabilities, and epilepsy. cian, I have diagnosed it. I have treated inconsistencies. If you do not believe So it is a program that involves a it. I have sat with the families as they there should be a disease-specific reau- number of efforts, broadly based, to have suffered through the consequences thorization, then the CR does exactly prevent and detect and improve the of this disease. I don’t take it lightly. that. It will be for a more limited time, health infrastructure for all children But I also don’t take lightly our inabil- but it will, in fact, reauthorize this bill who might face any of these develop- ity to make the clear choices and but only to November 18. So whether mental disabilities, not just autism. ratchet around the moneys for the NIH. that debate is about reauthorizing a Every year this program trains thou- What we should do is say: NIH, here disease-specific allocation, which is sands of professionals to better care for is your money. Go where the science what I was trying to accomplish, or individuals with a broad range of devel- helps the most people in the quickest whether in the CR, I assume it will be opmental disabilities, including but way and where the science leads us. At the thinking of my colleagues to object not limited to autism spectrum dis- a time when our country is desperate to the CR on the basis it has a disease- orders. Given the long waiting lists to get our fiscal house in order, what specific reauthorization for a much that families often endure to receive we want is the most efficient NIH. smaller period of time, until November diagnostic and treatment services, What we want is nonduplicative grants 18. I am not quite sure how that logic these programs are essential in ad- at the NIH. What we want is no fraud follows at the end of the day. dressing an urgent national health in the grants associated with autism, Secondly, I think it is rather cruel to need. which have been published and which use an analogy that talks about loan So, Mr. President, I don’t quite un- people are now in jail for. We want that guarantees to some energy entity and derstand the opposition. It boggles my eliminated. We want the oversight on talking about autism and families. mind. They are against disease-specific the NIH to be across the board in every When I hear the word ‘‘lobby,’’ that, of legislation even though this has passed area. Are they doing what we are ask- course, creates a pejorative descrip- by voice vote in the past? Even though ing them to do to spend the money tion. What is the lobby here? The lobby this passed unanimously out of the wisely and what the science would tell here is parents—American citizens, committee? Even though a disease-spe- them to do, not what any one par- husbands and wives, taxpayers who ad- cific provision will be in the CR, which ticular interest group would tell them vocate for their children before their I assume they would oppose if they to do? representatives. I thought, in a rep- don’t want legislation to move for- So I ask unanimous consent that the resentative democracy, citizens have ward? Then they tell families they are Senate proceed to the immediate con- the right to go to their elected rep- lobbyists, and they have no right to sideration of S. 1094, the Combating resentatives and advocate for a point of lobby, that we shouldn’t listen to their Autism Reauthorization Act, and that view—even if, admittedly, that point of voices? Then they say there will be— my amendment at the desk related to view is on behalf of the welfare of their don’t worry, there will be money for re- requiring the Secretary of HHS to iden- child. search, when there is no guarantee? tify and consolidate duplicative and So I have a problem when I hear, in That is cruel, in my view, and there is overlapping autism funding throughout this context, the word ‘‘lobby,’’ as if it no reason for it. the Federal Government be agreed to, is a negative when a universe of par- I would only hope we can have a the bill, as amended, be read a third ents in our country who pay taxes are change of heart so we can have families time and passed, the motions to recon- simply trying to accomplish getting who have an incredible challenge and sider be laid upon the table with no in- their government’s attention on a dis- who love their children and want to do tervening action or debate, and any ease that afflicts their children and everything they can to help them ful- statements related to the bill be print- their ability to function in this society fill the maximum of their potential to ed in the RECORD. to the maximum potential their God- be able to do so. That is what we have The PRESIDING OFFICER. Is there given abilities give them. I don’t care done for several years now under this objection? about listening to a lobby. The last legislation. Mr. MENENDEZ. Mr. President, I ob- time I checked, this is what democracy My God, if we can’t get things like ject. is all about. this passed, I don’t know where we are The PRESIDING OFFICER. Objec- Finally, I would simply say there is headed in the Senate. But I hope for a tion is heard. no guarantee—I know my colleague better day, and I am going to continue Mr. COBURN. I understand that. My suggested there is a guarantee—that and insist until we achieve this. commitment is to work with the Sen- research into autism will continue. I yield the floor. ator from New Jersey to try to solve There is no guarantee of that. There is this problem before any funding would no guarantee of that. The reason why I f change, and I don’t think it is going to objected to the other unanimous con- change. sent by my colleague from Oklahoma is RECESS I would also note for my colleagues because, in fact, we have a set of cir- The PRESIDING OFFICER. Under that last year we had over $450 billion cumstances, if we read that unanimous the previous order, the Senate stands appropriated by the appropriators that consent request, where there would be in recess until 2:15 p.m.

VerDate Mar 15 2010 02:01 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.020 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5748 CONGRESSIONAL RECORD — SENATE September 20, 2011 Thereupon, the Senate, at 12:47 p.m., told him that we believed trying to go terrible event not only impacted the recessed until 2:15 p.m., and reassem- directly to the United Nations, circum- communities in northern Nevada but bled when called to order by the Pre- venting the peace process, would be a the entire State and the Nation. Hav- siding Officer (Mr. WEBB). lack of good faith in peace negotiations ing visited the scene where the crash The PRESIDING OFFICER. The Sen- and that it would have repercussions occurred, it is difficult to describe the ator from Maryland. on United States foreign policy. amount of damage that took place Mr. CARDIN. Mr. President, I ask What we have been told by the Pal- there. unanimous consent to speak as in estinians is they will seek full member- Our State’s first responders and med- morning business. ship as a state in the United Nations, ical personnel did an amazing job in a The PRESIDING OFFICER. Without going to the Security Council. That is very difficult situation. My thoughts objection, it is so ordered. not going to succeed. We hope the Se- and prayers go out to all the victims f curity Council will recognize the inap- and their families, and I wish the injured a quick recovery. PALESTINIAN U.N. REQUEST propriateness of such action and will not take it up or will not provide the f Mr. CARDIN. Mr. President, I take necessary support to forward it to the REENERGIZING AMERICA this time to bring to the attention of General Assembly. In the unlikely case my colleagues activities that will take that it were to get the necessary sup- Mr. HELLER. Mr. President, I am place this week in New York at the port in the Security Council, the deeply humbled by the opportunity to United Nations and the request that United States has made it clear that it stand here today and to address the has been made by the Palestinians that would veto any such action, for good body as Nevada’s 25th Senator. Nevada they seek status as an independent reason—because it would be counter- is a small State, but it is one that has state with full membership in the productive to achieving the objectives provided many with a great chance to United Nations. of two states living side by side in succeed. Most people know that it was It is clearly the position of the peace. in Nevada where Samuel Clemens United States, it is clearly I think the The Palestinians may go to the Gen- began to sign his writings as Mark position of the international commu- eral Assembly. Although they cannot Twain and reported on the territorial nity, that there needs to be two states, get full membership, they could try to legislative sessions. However, the rea- a Jewish State of Israel along with an advance a resolution within the Gen- son Samuel Clemens came to the Ne- independent Palestinian State, living eral Assembly in the United Nations. vada territory was to follow his older side by side in peace. But the only way We know the numbers. We know what brother, Orion Clemens, who served as that will take place is through direct could happen. But I must tell you, the first and only secretary of the Ne- negotiations between the Palestinians seeking some form of recognition vada Territory. That position would and the Israelis. Prime Minister through the General Assembly, circum- later become secretary of state, a posi- Netanyahu, the Prime Minister of venting the peace process and the Se- tion which I held prior to my service in Israel, was here in Washington and curity Council, will be harmful to ad- Congress. spoke before a joint session of Con- vancing the peace process and the ob- Similar to the Clemens brothers who gress. He laid out very clearly how jectives of the Palestinians for an inde- sought greater opportunities, it is in a peace in the Middle East needs to pendent state. State such as Nevada where a son of a evolve, through the recognition by the Let the parties negotiate directly, in mechanic can have the opportunity to international community of the Jewish good faith. Israel has indicated they interact with those who are responsible State of Israel and an independent Pal- are prepared to do that. We have been for governing the State. For instance, estinian State through direct negotia- prepared to do that—negotiate in good as a boy I delivered the newspaper to tions between the Palestinians and the faith through direct negotiations. then-Gov. Mike O’Callaghan. For a Israelis. There are no shortcuts to achieving time, I went to Sunday school with Israel has been one of our strongest this. Moving through the United Na- then-Lt. Gov. HARRY REID’s sons, and I allies. They have been a loyal ally to tions will not achieve those objectives. was educated at the same public high the United States. We share common I suggest the absence of a quorum. school as Senator Paul Laxalt. Our values. It is strategically critical to The PRESIDING OFFICER. The current Governor, Brian Sandoval, is the United States, particularly in that clerk will call the roll. someone whom I used to play organized part of the world. It is clear to all that The assistant bill clerk proceeded to basketball with. I wish to thank Sen- the only way we will achieve the two call the roll. ator Laxalt for his support and Senator states will be through direct negotia- The PRESIDING OFFICER. The jun- REID for being here today. I also wish tions between the Palestinians and the ior Senator from Nevada. to thank Senator MCCONNELL for being Israelis. The Palestinians have been re- Mr. HELLER. Mr. President, I ask here as well. luctant to have these direct negotia- unanimous consent that the order for My father’s automotive shop was tions and tried to use intermediaries. the quorum call be rescinded. across the street from the Nevada They need to do it directly. Sit down The PRESIDING OFFICER. Without State legislature, so many of the legis- with the Israelis. Negotiate the issues. objection, it is so ordered. lators would come into my dad’s busi- That is the way to move forward to ac- f ness. I spent a lot of time there as a complish their goal. kid working in that garage, sweeping The action they are seeking in the NEVADA TRAGEDIES floors, repairing cars, fixing engines United Nations will be counter- Mr. HELLER. It is an honor serving and transmissions. In that shop, I productive. We have gone on record, the people of the great State of Ne- learned the value of hard work and re- every single one of us in the Senate of vada, and today I am speaking on their sponsibility and the importance of the United States, in S. Res. 185, a res- behalf for the first time in the Cham- family. olution I brought forward with my col- ber of the Senate. Before I begin, I I am proud of what I learned growing league from Maine, Senator COLLINS. It would like to take a moment to reflect up in Nevada: values from two great was passed unanimously by the Senate. on two tragic events that have taken parents, good teachers, and good neigh- It stated very clearly that if the Pal- place in Nevada recently. bors. Nevada values such as faith in estinians were to pursue this unilateral In Carson City, our Nation lost three God, hard work, honesty, and commit- action through the United Nations, Nevada National Guard members at a ment to family—these are the values I that would not advance the peace proc- local restaurant shooting. Those mem- try to bring to Washington, DC, every ess, that it would be counterproductive bers were MAJ Heath Kelly, SFC Mi- day. to the objectives of the Palestinians to randa McElhiney, and SFC Christian Although Nevada has changed over establish an independent state. Riege. the years, in many ways it is very This past week, Senator COLLINS and The other was the horrific crash at much the same place as when I grew I sent a letter to President Abbas, the the Reno air races this weekend. As up. I bring this up because I recall President of the Palestinian group. We with the shootings in Carson City, this what it took for my father to keep his

VerDate Mar 15 2010 05:34 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.022 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5749 business in operation, and I think government spending and the national The unemployment rate, fore- about what might have happened if he debt. The choices are clear. We can closures, bankruptcies, all represent were still in business today. During continue down this path which leads to people who have become victims of this this time when so many people are bigger government, higher taxes, less recession. There are those who have en- hurting and our economy is so fragile, jobs, and rationed health care for our dured pay cuts to keep their jobs, indi- it is important to understand how gov- seniors or we can decrease government viduals who are underemployed, and ernment impacts our economy and spending, create jobs, and fulfill our seniors on fixed incomes dealing with businesses across the Nation. While promises to future generations. Wash- the increases in cost-of-living expenses. Washington politicians tarnish one an- ington needs to place its trust in the No question, times are tough. other, Americans are still out of work. American people to reenergize our So the question we must answer is, My home State of Nevada, in par- economy, not the Federal Government. Do we have the courage to overcome ticular, leads the Nation in unemploy- It was Reagan who said: partisan divides and work together to ment, foreclosures, and bankruptcies. From time to time, we have been tempted solve our Nation’s problems? Nevadans do not want finger-pointing; to believe that society has become too com- While we all may not be members of they want jobs. Nevadans do not want plex to be managed by self-rule, that govern- the same political party or share the political talking points; they want to ment by an elite group is superior to govern- same philosophy of government, I be- keep their homes. Nevadans do not ment for, by, and of the people. But if no one lieve we are all here to do what is among us is capable of governing himself, right. In these difficult times, it is want to hear all the promises; they then who among us has the capacity to gov- want to pass on a better future to their ern someone else? more important than ever that we work together, find common ground, children and grandchildren. Our debt will serve as an anchor on Job creation and economic recovery and make tough decisions to create future prosperity if we do not work should be a bipartisan value. Unfortu- jobs and get people back to work. today to solve this problem. Business nately, Washington is paralyzed by Every day I go to work to advocate as usual is not an option. What we do politicians and has been reduced to for the great State of Nevada, and as Senators and the decisions we make sound bites. Too often it seems we can- every day I let Nevadans know there is are critically important to those whom not move beyond the politics of today. someone in Washington who is on their we wish to represent. Sometimes the It appears we are more interested in side. There is not a day goes by that I results of our actions are seen imme- press conferences than solving our Na- do not think about what can be done to diately and sometimes the full rami- create jobs and get our economy mov- tion’s most pressing problems—issues fications take decades to unfold. such as Medicare, which is on the verge ing again. Record deficits, high unemployment, This is not the first time Americans of bankruptcy. Instead of strength- an anemic recovery, and inflation are ening and preserving the program, it is have endured tough times, and it prob- fueling anxiety over our Nation’s fiscal ably will not be the last. There will be often used as a political weapon. health. The key to recovery is to cre- The truth is, Washington has not better days ahead. However, it is in- ate an environment where economic done enough to get our Nation back on cumbent upon us to effect change in growth can flourish and provide cer- track and the American people know difficult times to create a better fu- tainty and stability to our Nation’s job ture. it. I recently received a letter from a creators. small business owner who had this to Today, we are at a crossroads, pos- I evaluate legislation through what I sibly a defining moment in our Na- say: call the entrepreneurial standard or My business had to dramatically cut our tion’s history, where we must change the ‘‘more, higher, less test.’’ Does this the way we govern. The window of op- spending and unfortunately lay off half of bill provide more competition with our good employees. Many of our customers portunity is available, but it is growing have lost their jobs and their homes due to higher quality at less cost? What would smaller every day. Mark Twain wrote: government intervention in the housing a small businessman do? If the Federal ‘‘You are a coward when you even seem market and massive mismanagement of our Government approached problems to have backed down from a thing you tax dollars . . . government employment has through an entrepreneurial perspec- openly set out to do.’’ gone up, while private sector employment tive, we would have a more efficient I ask another question: What is it has dropped. government at less cost to the tax- that we set out to do? I ran for office to These are the kinds of stories I hear payer. make a difference, to leave this place from Nevadans far too often. Unfortunately, our government is better than I found it. We still are the For over 41⁄2 years I have done weekly not providing that certainty today. We greatest Nation on Earth, with the telephone townhall meetings, where I have a temporary Tax Code, overly greatest form of government. Our best have the opportunity to speak with burdensome regulations, and an ever- days are yet to come—if we act now to thousands of households across my increasing national debt. There is no return our Nation to what made us great State. During a recent round of question the Federal Government must great: families, entrepreneurs, commu- phone calls, I have been asking partici- stop spending money we do not have. If nity, the American dream. pants if they believe their children and we are going to keep America excep- We must stop the mindset that we grandchildren will have a better eco- tional, we have to chart a new direc- have all the answers here in Wash- nomic future than we have today. More tion for our country. ington because I can assure my col- than two-thirds of these respondents As families across Nevada struggle to leagues we don’t. The answers are out say no. Many Nevadans believe the eco- pay their bills and fight to keep their there. They are in places such as Ne- nomic burden of our national debt and homes, government spending has grown vada, Alaska, Ohio, and perhaps Ken- the impact it will have on future gen- exponentially. This must end if we are tucky; in small towns and large cities erations will lead to fewer opportuni- going to turn this economy around. We across this country. Let the American ties and less upward mobility. I am cer- must focus on the long-term health of engine fire again. Tear down the bar- tain Nevada is not alone in this senti- our economy and remove impediments riers to growth and opportunity and ment. that have caused economic stagnation launch this great Nation to its great Do we want to be the first Congress and disabled businesses from creating next chapter. I stand ready to serve that hands our children and grand- new jobs. and ready to bring us all together. children a lesser quality of life? This The Federal Government has been on When my children and grandchildren should serve as a wake-up call for a massive spending spree, and it is time look back many years from now, it is Washington. for this reckless behavior to end. His- my hope that history will show we rose Passing a better life to our children tory offers little evidence that massive to the occasion to ensure their future and grandchildren is a value we all deficit-financed spending leads to eco- and the future of our great Nation. I share as Americans. From all corners nomic recovery. As an opponent of the am confident we can meet those chal- of Nevada and our Nation, the message stimulus and the Wall Street bailout, I lenges. Our strength as a nation is big- is clear. The status quo is not working. believe reining in government spending ger than the troubles of today. May We can no longer afford to ignore the is critical to economic recovery and God bless the State of Nevada and may biggest problems facing our country: the future of our country. God bless this great country.

VerDate Mar 15 2010 02:01 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.037 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5750 CONGRESSIONAL RECORD — SENATE September 20, 2011 I yield the floor. jobs—jobs people can support a family foreign markets, enforcing the trade The PRESIDING OFFICER (Mr. on, with a family-wage job. rules, and preparing our workforce— FRANKEN). The majority leader. As I mentioned, trade-related jobs the American workforce, the workforce Mr. REID. Mr. President, I congratu- provide better benefits and pay than on which American businesses depend— late my colleague on his fine speech. I many of those jobs unrelated to inter- to be globally competitive for the jobs was happy to hear him mention some national trade. That is why when we of tomorrow. of my family. I think most everyone in have an opportunity to open markets That is what the TAA, trade adjust- Nevada knows that my son Leif is one to American products and American ment assistance, Program is all about. of his best friends and vice versa. So I exports we ought to take advantage of Just as over 90 percent of the world’s congratulate the Senator from Nevada it. consumers live outside the United on his first speech. It will be the first Point No. 2 is that our successful ef- States, so does over 90 percent of the of many, and the first one is always the forts to open markets are undermined world’s workers. Although we have the hardest. After that, it is a lot easier. when foreign governments and foreign most productive, innovative workforce The PRESIDING OFFICER. The Re- competitors cheat. I use that word spe- in the world, sometimes a foreign pro- publican leader. cifically because cheating is exactly ducer finds a way to do something bet- Mr. MCCONNELL. Mr. President, let what engaging in unfair trade practices ter or produce something more effi- me add to the remarks of the distin- that work to undermine our producers ciently than an American one. The re- guished majority leader and say con- and our innovators is all about. So a sult is, we can have Americans losing gratulations to our brandnew Senator central component of our trade policy jobs through no fault of their own. from Nevada for his outstanding inau- always has to be enforcement—enforce- So the Congress decided long ago gural address. He is off to a very fast ment of U.S. trade laws and global that the best way to respond to global start representing the people of Nevada trade rules. competition was to meet it head on, to and doing a wonderful job. I congratu- Senator SNOWE, Senator PORTMAN, meet it directly, and that is what a late him again for an outstanding ad- Senator BLUNT, Senator MCCASKILL, trade agenda with a robust Trade Ad- dress. Senator SCHUMER, Senator BROWN, and justment Assistance Program does. I yield the floor. I have been focused specifically on Trade adjustment assistance throws The PRESIDING OFFICER. The Sen- stopping foreign suppliers from laun- a lifeline to the workers who lose their ator from Oregon. dering their merchandise to evade U.S. jobs, and to their families, because we f antidumping and countervailing duty have been open, we have been free, we laws. These are the duties that are put have been expansionist in the area of EXTENDING THE GENERALIZED in place to remedy the damage that un- trade, particularly when it comes to SYSTEM OF PREFERENCES—Con- fairly traded imports cause to Amer- creating exports. Trade adjustment as- tinued ican producers. Those foreign trade sistance provides American workers Mr. WYDEN. Mr. President, under cheats, especially those from China, with an opportunity to acquire the the leadership of Chairman BAUCUS, I have been found guilty of dumping skills they need to not just become re- have the honor of chairing the Senate their goods in our country. Instead of employed but to help American busi- Finance Subcommittee on Inter- stopping the dumping or paying the ap- nesses better compete in the global national Trade. That is why I wish to propriate duties, the Chinese goods are marketplace while those families make take a few minutes to outline some of shipped into a country such as Korea their way back to the American econ- the issues I think are relevant to this where the goods get repacked into omy, where they can earn a wage at important debate, about going to bat boxes that say ‘‘Made in Korea’’ in which they can support their families. for workers under the trade adjustment order to avoid the U.S. trade remedy Trade adjustment assistance is a program. laws. pretty modest program. The lifeline In my home State, about one out of All of this has been occurring under that is thrown to these workers is mod- six jobs depends on international trade. the sleepy eyes—the sleepy eyes—of est—just a few hundred dollars a week The trade jobs tend to pay better than our customs agency. Fortunately, with on average—and the job training that the nontrade jobs. So I have said my bipartisan support, the Senate is posi- is provided to those workers is typi- philosophy about international trade tioned to act on this matter and ad- cally provided through existing infra- is, what we ought to do is everything dress the issue. It will not come a structure such as our community col- possible to grow things in Oregon and minute too soon. leges. Trade adjustment assistance pro- in the country, to make things in Or- I was stunned when the staff of my vides just enough assistance for re- egon and across America, add value to Subcommittee on International Trade sourceful and thrifty and industrious them here, and ship them somewhere basically set up a sting operation, set workers to rebound from a trade-re- because this is an extraordinary oppor- up a dummy company, and we were lated job loss. That, in effect, is what I tunity we have in front of us in terms amazed at the number of firms, par- hope we can start looking at programs of expanding exports. ticularly from China, that basically such as trade adjustment assistance as The fact is, the American brand—the said: Look, we are plenty interested in being. brand that is attached to American figuring out how to get around Amer- What we want these programs to be goods—the exports we send all over the ican trade laws. all about is to be something of a tram- globe are something consumers world- So these foreign trade cheats are out poline, where, in effect, people can get wide want. That is my first point. More there. They are looking for ways to ex- a modest amount of assistance, and than 90 percent of the world’s con- ploit the fact that the customs agency through that modest amount of assist- sumers live outside the United States— has not been tough, has not been re- ance be in a position to bounce back to 90 percent—and they are all potential lentless, particularly not with respect the American economy with skills that customers for the products we make in to protecting our manufacturers. have been improved and be in a posi- the United States. More customers for So point No. 2 is to make sure in the tion to again make a good wage at a American products means American days ahead we put in place a stronger company that can be involved in areas businesses have to make more prod- response to trade cheating, where such as exports and productivity and ucts. To make more products, they go cheats from China and other countries innovation-driven services. out and hire more workers. Hiring literally launder their merchandise, For much of the last half of the cen- more workers to make more products stamp it as coming from somewhere tury, the United States vigorously pro- to sell to more consumers is the upside else, in order to avoid our trade laws. moted an open and global economy. As of the trade debate we are starting The third point speaks to the bill we a result, our country launched an ef- today. discuss today, and especially to the fort to become the largest, most dy- Dismantling trade barriers to Amer- valuable Casey-Brown-Baucus amend- namic market in the world. Today that ican exports gives our businesses ac- ment that I hope we will be voting on global market is more competitive cess to those new consumers. Doing shortly. America’s ability to compete than ever before. The rise of China and that creates and supports good-paying in the global economy rests on opening India and other emerging markets,

VerDate Mar 15 2010 02:01 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.038 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5751 such as Brazil and Russia, provide ex- that was introduced yesterday he economic growth, netting out $4 tril- traordinary opportunities to our claims it would increase the fiscal year lion in actual savings. But PAUL RYAN innovators and our producers. But we 2012 deficit by $300 billion; that is, next and his committee did not—I have do not get to be the top economy as a year it would increase the debt by $300 checked the numbers—consider $1.1 result of some kind of entitlement pro- billion, but he says it would reduce trillion in war savings—which no one gram. We have to constantly work at deficits over the next 10 years, in the has disputed should occur—off the it. We have to constantly work at the outyears, by $3.2 trillion. present amount we are spending. He task of making more innovative and We know what happens now happens. did not include that in the $6.2 trillion. more productive goods and services. Spending that occurs today—the He did have an alternative analysis Together, Federal Government offi- money is out the door—and promises to that showed that, and people have cials, businesses, and workers have the raise revenue in the future become less seized upon that to say his funda- opportunity to seize the possibilities certain as each year passes by. mental proposal of a $6.2 trillion spend- that a global economy provides and But assuming this is true, assuming ing reduction included it. It did not. also overcome its challenges. Cer- we would actually do in the next 10 Another big gimmick—one used too tainly, it is more important than ever years the kind of things that would pay often in this body—is what we call the to do that in the face of growing for- for this short-term spending, I would doc fix of Medicare. The Balanced eign competition. That means joining advise my colleagues that the funda- Budget Act, in the late 1990s, proposed again now, on a bipartisan basis, to mental claim the President is mak- substantial reductions in physician support trade adjustment assistance. ing—assuming his numbers are correct, fees. As the years have gone by, it has I would just like to note, having been and we do the things he suggests—it become more and more plain that doc- involved in these issues since I came to overstates by $1.8 trillion the amount tors cannot sustain a 20-percent reduc- the Senate, trade adjustment assist- of the savings. Mr. President, $3.2 tril- tion or more in their fees for doing ance has historically been a bipartisan lion, no. Mr. President, $1.8 trillion re- Medicare work. So each year we put program. It has been a program where duced from that, and we are looking at that money back in. But it is part of the Congress, Democrats and Repub- about $1.4 trillion in savings and not the plan of a long-term budget. The licans, consistently said we can look at $3.2 trillion. That is the fact. I will statute itself has not been changed. So trade, we can look at exports as a vehi- share with my colleagues the sad, grim every year we have this little problem: cle for more family-wage jobs in our fact of that. Are we going to cut the doctors 22 per- country—making things here, growing How did it happen? Well, the bill, as cent or are we going to avoid cutting things here, adding value to them here, the Washington Post said, is being the doctors 22 percent? Well, we don’t and shipping them somewhere. But cer- criticized because of gimmicks that are want to cut the doctors that much. tainly, in an ever-changing world, we in it. They can’t function. That is too big a are going to see some of our workers First gimmick: The war-funding gim- cut for them. So we find the money needing the opportunities to upgrade mick. The plan shows $1.1 trillion over some way every year. Mostly, we have their skills that trade adjustment as- 10 years in savings from putting a cap borrowed it. The President’s plan assumes that sistance allows. on war-spending costs. But those costs So I very much hope my colleagues are going to decrease as the war effort money will be found for the doc fix and will support the Casey-Brown-Baucus unwinds whether or not this proposal is they will do it over 10 years to the tune amendment. It has my full support. It in place. They have been long been of $293 billion. This trick counts the is very much in the spirit of the bipar- planned. higher spending as a given rather than as a policy choice that needs to be off- tisan work that has been done on trade The President’s proposed caps on war set. Without this gimmick, the Presi- adjustment assistance in the past. spending manipulate baseline concepts Mr. President, I see other colleagues to show the savings that have been dent’s health care savings of $320 bil- waiting to speak, and with that, I yield long planned and new—something he lion the plan suggests will occur be- the floor. came up with this week, I suppose— comes health care savings of only $27 The PRESIDING OFFICER. The Sen- new choices which inflate the spending billion. You don’t save $293 billion be- ator from Alabama. cuts in his plan. In other words, it in- cause of this gimmick because it is un- paid for. There is no source of income FISCAL PLANNING flates the amount of spending he has to pay for the President’s assumption. Mr. SESSIONS. Mr. President, yes- cut by $1.1 trillion. terday, the President provided a fiscal The Congress has dealt with this lit- We will pay $293 billion, which means he only saves $27 billion in health care, plan on paper that he said reflects his tle gimmick in the budgetary process. I not $320 billion. latest fiscal vision for the country. It serve as ranking member on the Budg- I believe this is a truly honest and et Committee, and we wrestled with seems to be about the fourth vision we fair analysis of the President’s pro- these baselines and scoring possibili- have had this year, and he has said we posal. It is incorrect, putting it kindly. need to be honest with the American ties. But that gimmick—the $1.1 tril- There is another little gimmick. people and talk straight to them. I cer- lion gimmick—was rejected during the When the President talks about cut- tainly believe that is correct, and I recent debt ceiling debate, raising the ting spending—when he says we are would share some thoughts about the debt limit. We talked about that and cutting spending—what does he include President’s plan and express dis- we didn’t do it because it is not an ac- in that? He is counting as spending re- appointment that he has not been hon- curate explanation of the cutting of ductions the net interest effects of his est and direct with the American peo- spending. We don’t have any plan to proposed policy changes, even though ple, has not discussed in sufficient continue to spend in Iraq and Afghani- interest costs are the secondary effect depth, in my opinion, the Nation’s need stan the $158 billion we spend this year. of his proposed tax hikes. to reduce spending because our debt is And for 10 years? Give me a break. For example, if you raise taxes and surging larger than it ever has in our That has never been our plan and don’t cut spending—and spending has history and presents a danger today shouldn’t be assumed as a baseline for not been cut in this plan—you raise and in the future. spending. Claiming credit for not con- taxes and you reduce projected deficits, The President needs to talk more tinuing that is not a legitimate way to we think about $1.4 trillion under the about that. If we are going to ask the analyze how much you have cut spend- plan, less than half of what was pro- American people to reduce their spending. jected, then you don’t pay as much in- ing, to take less from the government, Some have said PAUL RYAN and the terest because you don’t accrue as to tighten belts, then we need to know House Republicans, when they passed much debt. And you don’t pay as much why. I do believe he has not been suffi- their budget, included the $1.1 trillion interest on a debt that is not accrued. ciently informative in his conversa- when they said they reduced spending They are scoring that as if they cut tions because many of them emphasize by $6.2 trillion. They proposed a budget spending, when it is a natural by-prod- increasing investments in various pro- to cut $6.2 trillion. They also proposed uct of increased taxes. grams, in spending programs he has ad- a growth-oriented tax reduction and So when you remove the accounting vocated, but with regard to the plan simplification plan that would create tricks and the Washington gimmicks

VerDate Mar 15 2010 02:31 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.039 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5752 CONGRESSIONAL RECORD — SENATE September 20, 2011 that have contributed to this country Federal debt would grow by $9.7 tril- I yield the floor. being in the fiscal condition we are in, lion, exceeding $24 trillion in 2021, The PRESIDING OFFICER. The Sen- you are left with only half of the $3 when last year we had about a $13 tril- ator from Oregon. trillion in deficit reduction the White lion debt. That would put our debt over Mr. WYDEN. Mr. President, just be- House promised. 100 percent of GDP. fore he leaves the floor, let me tell The White House also claims the Properly accounting for the effect of Senator SESSIONS how much I appre- President’s plan has $2 in spending cuts the President’s proposed policy ciate the kind words and enjoy working for every $1 in tax hikes—$2 in spend- changes, the actual amount of debt re- with him. We serve on the Budget Com- ing cuts for every $1 in tax increases. duction proposed by the President is mittee together and talk often about Indeed, early in the year he suggested $1.4 trillion, consisting of $146 billion in economic issues. I wish to tell my col- we should have a plan that would have spending increases that would increase league that I look forward to working $3 in spending cuts for every $1 in tax the debt and $1.5 trillion in tax in- with him on tax and budget issues in hikes. But is this accurate? Is it true creases. So we may have raised a few the days ahead especially. we are achieving $2 in spending cuts for weeks ago our legal debt limit, allow- AMENDMENT NO. 626 $1 in tax hikes? ing us to run up more debt, but we have Mr. President, what I would like to If you eliminate the gimmicks, you breached our economic debt limit. do now is take just a couple minutes to will see it is absolutely not true. Under America’s $14.5 trillion gross debt we talk about the amendment offered by the plan, total Federal spending—in- have today is 100 percent of our econ- the distinguished Republican leader, cluding the jobs plan’s stimulus bill— omy. Senator MCCONNELL, to extend trade the new stimulus bill—will increase. A prominent study from economists promotion authority—what is known The President’s plan will not decrease Rogoff and Reinhart—praised by Sec- as TPA—for 2 years. total Federal spending. It will increase, retary Geithner as ‘‘excellent’’—shows I am certainly interested in working not decrease. There is no cut in spend- when a nation’s gross debt reaches 90 with the leader. Certainly, Chairman ing. On balance, there is not a penny of percent of GDP it loses, on average, a BAUCUS has made it very clear that he net spending that is cut—on net. percentage point or more in GDP wants to continue to work on this In a speech, the President said: growth that year. Our debt is depress- issue. But I would oppose the McCon- I’m proposing real serious cuts in spending. ing growth. Our debt is now 100 percent nell amendment this afternoon, and I When you include the $1 trillion in cuts that of GDP, and our growth is unexpect- want to outline specifically why. The last time Congress passed trade I’ve already signed into law, these would be edly slow this year. Could that be a promotion authority was in 2002, essen- among the biggest cuts in spending in our part of the cause? Some economists say tially almost one decade ago. The history. no, but it certainly is consistent with McConnell amendment would simply Well, that is not true. It is not accu- the projections in their plan. continue Congress’s instructions that rate. I don’t think it bodes well for us So the plan that was presented, I were formulated back then, as I said, to be able to reach an agreement on have to say, is gimmick piled upon almost one decade ago. But the fact is, these very serious issues if the Presi- gimmick, adding up to little more than the American economy has changed dent is pretending his plan cuts war a tax hike camouflaged as fiscal re- dramatically since TPA was adopted costs or counts interest that shouldn’t straint. Promised spending control is last, and the overseas trade barriers be counted or proposes we have a doc nowhere to be found. When you are in have changed dramatically. Yet the fix without any money with which to a crisis, you must deal honestly with McConnell amendment simply hasn’t fix it. Those are the kinds of things the American people. You must present that get us into trouble. kept up with the times. What I wish to the facts, along with a credible solu- do is outline a few examples of areas Despite the substantial increase in tion, and call on the people to respond taxation under the President’s plan, where we face very different economic and sacrifice together. Americans are challenges. deficits would not be tamed. At no good, decent, hard-working people who point over the next 10 years would defi- I would also like to say we talked will accept a difficult choice if given to about this very briefly in the Senate cits be smaller in nominal terms than them in honest terms. But the White Finance Committee. It was raised by the $459 billion recorded before he be- House is trying to be clever at the ex- the ranking minority member on our came President. That is the highest pense of being credible. subcommittee, Senator THUNE. So it is deficit in history. President Bush was The debt is destroying jobs today, I clear there is an interest in the Fi- roundly criticized for the $459 billion believe. If we are going to restore con- nance Committee in working on this during his time. The lowest deficit fidence in growth, credibility in the issue. under today’s plan—the lowest over 10 President and in Congress is one asset Trade promotion authority is a years—would be $476 billion in the out- we cannot afford to borrow against. hugely important and complicated years, and it would start going back up I thank the Chair, and I yield the issue. When it was considered the last again under the plan they propose, floor. time, there were extensive hearings in leading to a $565 billion deficit in 2021. The PRESIDING OFFICER. The Sen- the Finance Committee. Many amend- And by the way, the last 3 years of ator from Oregon. ments were authored. There was con- deficits have been $1.3 trillion, $1.2 tril- Mr. SESSIONS. Mr. President, can I siderable time devoted to it. That has lion, and this year will be $1.4 trillion ask unanimous consent to have 1 addi- not been the case at all with respect to in debt. So next year’s deficit will ac- tional minute? reauthorization, and it is why, in par- tually surge beyond the current projec- The PRESIDING OFFICER. Without ticular, I wish to make sure that when tions. We had hoped they would come objection, it is so ordered. the Congress next deals with trade pro- down. But because of the new spending Mr. SESSIONS. Mr. President, I wish motion authority, we deal with some of in this plan, $350 billion will be added to congratulate my colleague Senator the most important challenges. I am to the deficit next year, putting us well WYDEN on his work on this legislation, going to outline a few of those. over $1 trillion in deficit again next and also would thank him for his ef- Digital goods and services would be year. At a time when we should be re- forts to reach an agreement to improve of special concern that we have looked ducing deficit spending, the immediate our Tax Code. It is a big deal. A lot of at in our community. Digital goods, for impact of the plan will be to increase expert witnesses have appeared before an example, would be software. Digital spending, fostering more fear and un- the Budget Committee. Senator WYDEN services would highlight cloud com- certainty in our economy and the con- is a member of the Budget Committee. puting. I know it is something that has clusion among the financial investors Those witnesses have told us that prop- been of great interest in Minnesota. It here and worldwide that we still erly improving our Tax Code could im- is all about the Internet playing an in- haven’t gotten the message and we are prove growth, create jobs, and make creasing role in the American and the still out of control. America stronger. I appreciate the Sen- global economy. It is a platform for Over the next 10 years, deficits would ator’s hard work and am looking at his global commerce. total $6.4 trillion, and gross Federal proposal and thank him for contrib- I believe the Internet represents the debt would grow by $9.7 trillion. Gross uting positively to the debate. shipping lane of the 21st century. It is

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There is For nearly a year, these 600 Mon- A second example would be the ques- going to be an opportunity in the days tanans served in some of the harshest tion of labor and environmental stand- ahead to work on this. Chairman BAU- conditions imaginable—escorting nu- ards with respect to our trade goals CUS has made it clear that he wants to merous convoys across dangerous ter- and intellectual property protection work with colleagues on a bipartisan rain and conducting other critical se- for pharmaceutical drugs. basis on trade promotion authority. I curity missions throughout Iraq. At In May of 2007, congressional Demo- do as well. I already made that pledge one point over the last 12 months, this crats and Republicans got together, on to the ranking member of our sub- unit accounted for more than half of a bipartisan basis, to update trade committee, Senator THUNE, who has Montana’s best and brightest serving goals with respect to key issues such as been very easy to work with on a host overseas. They gave up the comforts of labor and the environment and intel- of these trade issues. He has made their families, their homes, and their lectual property protection as it re- some particularly important points communities to bring stability to a na- lated to pharmaceutical drugs and with respect to digital goods and serv- tion on the other side of the world. therapies. These agreements that were ices and the opportunity for our high- Through it all, they showed courage in entered into in 2007 aren’t reflected in tech sector—wrote a good article on it difficult times. They remained strong. the 2002 version of trade promotion au- just a couple days ago. And they were always in our thoughts thority. So extending the 2002 version Suffice it to say, there is a lot of in- and prayers. of trade promotion authority is an- terest on our side of the aisle in work- Now they are home. It is our duty to other area where, if we simply support ing on this issue. But I would urge col- continue our support by providing the the McConnell amendment this after- leagues to resist the McConnell amend- benefits, quality care, and services noon, trade policy has not kept up with ment this afternoon when it comes up they need as they transition back to the times. for a vote for the reasons I have out- their families, to their jobs, and to Finally, I would just like to mention lined, and there will be time for the their communities. Many Iraqi vet- China. The fact is, in 2002, we had a rel- kind of debate on trade promotion that erans make that transition with suc- atively short experience with China at I think is appropriate, one that reflects cess, coming home to good jobs and the World Trade Organization and, the opportunities and challenges of an welcoming communities. But for oth- more than ever before, state-owned en- economy in 2011 that is very different ers, making that transition is no easy terprises play a role in global com- than the one we were addressing when task. It is no secret that there is a po- merce, particularly given the rise of we last did trade promotion authority tential for higher rates of substance China. I think all of us agree our trade in 2002. abuse, higher divorce rates, higher un- agenda ought to include promoting dis- In an effort to come up with a unani- employment rates. The effects of post- cipline so state-owned enterprises do mous consent agreement that can re- traumatic stress disorder and trau- not undermine the American private solve the question of the upcoming matic brain injury can impact entire sector. That requires reconsidering, votes, I would just say to Senators on families. Thankfully, veterans often again, the provisions found in the 2002 both sides of the aisle that certainly look after each other. We should recog- version of trade promotion authority. the next hour would be a very good nize the important role of America’s What it comes down to is that this time for Senators who would like to veterans service organizations and issue deserves more consideration than speak on the Casey-Brown-Baucus their willingness to help with that a floor amendment with just a modest amendment or the McConnell amend- transition. number of Senators even being aware ment. Montana was one of the first States of the history and the issues and the I suggest the absence of a quorum. in the Nation to adopt the Beyond the complexity of the issues. In fact, it The PRESIDING OFFICER. The Yellow Ribbon Program. It involves en- would be fair to say that a significant clerk will call the roll. tire families of National Guard soldiers number of Senators on both sides of The assistant bill clerk proceeded to and airmen, preparing them for the the aisle weren’t even a member of this call the roll. changes that come before, during, and body back when trade promotion was Mr. TESTER. Mr. President, I ask after deployment. The Beyond the Yel- considered last in 2002. unanimous consent that the order for low Ribbon Program is a success, and I So what it comes down to for me is, the quorum call be rescinded. am pleased that in the last Congress American trade policy is too important The PRESIDING OFFICER. Without my colleagues gave all States the re- to construct on the back of a galloping objection, it is so ordered. sources to implement it. horse. That, in my view, would be what Mr. TESTER. I ask unanimous con- Furthermore, I will do my best to the Senate would be doing if it simply sent to speak as in morning business. make sure we keep up our end of the adopted the McConnell amendment. The PRESIDING OFFICER. Without bargain. Whether it is college edu- Chairman BAUCUS is opposed to this objection, it is so ordered. cation, health care, or compensation amendment. He, such as myself, has IRAQ DEADLINE for an injury suffered on the field of made it clear he is interested in work- Mr. TESTER. Mr. President, during a battle, we will honor our commitment ing with colleagues on a bipartisan trip to Baghdad this past January, I to our heroes. We make this promise to basis on this issue, and it is an impor- had the opportunity to meet with sev- the men and women of the 163rd and to tant part of the role of both the execu- eral members of the Montana National Montanans who make up the many tive branch and the Congress in terms Guard’s 163rd Combined Arms Bat- other units of the Montana National of looking at trade policy, and it is par- talion. That day, I told them that I was Guard that were deployed this year and ticularly important right now when, in proud of each and every one of them, to those folks who are part of Mon- a host of areas—I will give another ex- from unit commander LTC T.J. Hull tana’s Red Horse Squadron, now in Af- ample. and SGM John Wood, right on down the ghanistan. To our reservists and to the I cited already digital goods and en- line. Through courageous service to folks serving in the Active-Duty mili- vironmental labor standards and state- our country, they were making tre- tary today, we make the same commit- owned enterprises. We had a very valu- mendous sacrifices on our behalf, and ment. able hearing in the Subcommittee on they were representing the very best of Even as we make this commitment, Trade Finance on fishing issues, which Montana. many folks in Montana are wondering are also playing an increasingly impor- This month, these folks have been what should happen next in Iraq. Since tant global role in trade agreements coming back home to Montana from 2003, our Nation has sent hundreds of and trade policy. That also was not their demobilizing station in Wash- thousands of young men and women to

VerDate Mar 15 2010 02:31 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.042 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5754 CONGRESSIONAL RECORD — SENATE September 20, 2011 fight in Iraq. We have done so at an The PRESIDING OFFICER. The Sen- The bill clerk proceeded to call the enormous cost—4,474 Americans have ator from Nebraska. roll. given their lives, and more than 32,000 Mr. JOHANNS. Mr. President, I ask The ACTING PRESIDENT pro tem- have been wounded. We cannot put a unanimous consent to speak as in pore. The Senator from Delaware. number on those who suffer from the morning business for about 5 minutes. Mr. COONS. Madam President, I ask injuries that are unseen. And let’s not The PRESIDING OFFICER. Without unanimous consent that the order for forget that the price tag of this war objection, it is so ordered. the quorum call be rescinded. that was put on our children is quickly HONORING OUR ARMED FORCES The ACTING PRESIDENT pro tem- approaching $1 trillion, and then there SERGEANT JOSHUA J. ROBINSON pore. Without objection, it is so or- are the tens of billions of dollars in Mr. JOHANNS. Mr. President, I rise dered. waste and fraud. today to remember a fallen hero, U.S. DON’T ASK, DON’T TELL REPEAL The war in Iraq started with political Marine Corps Sergeant Joshua J. Rob- Mr. COONS. Madam President, I rise leaders who had their own agenda. inson of Douglas, Nebraska. Sergeant today to mark a momentous day and to They went there looking for weapons Robinson was killed in action on Au- stand with the millions of Americans that never existed. But through it all, gust 7, 2011, while conducting patrol for whom the end of don’t ask, don’t the professionalism of our military operations in the Helmand Province of tell means the beginning of a real era never faltered. They provided security Afghanistan. He was in his third tour of new equality for our Nation. It has and democracy to a nation that had of duty. His story of service comes to been 60 days since Secretary Panetta, never known it. us at a time when many are reflecting Chairman Mullen, and President But for far too long, Iraqi politicians on the 10th anniversary of the Sep- Obama certified the U.S. Armed Forces did nothing to secure their own future. tember 11th terrorist attacks—a fitting were ready for the repeal of don’t ask, I first went to Iraq in 2007 and returned time to recognize the patriotism of a don’t tell. After 18 long years, today there again this past January. I was fallen hero. that policy finally comes to an end. struck by how much it changed in Sergeant Robinson enlisted in the This is an important day. It is a good those 4 years. Iraq was finally moving Marine Corps in 2003, a time when Op- day. Today is a good day because our forward after too many wasted years, eration Iraqi Freedom was in the be- Nation, in my view, is taking a major too many wasted dollars, and too many ginning stages and many were unsure step forward not just in the pursuit of lives lost. There are many reasons for of what was to come. He felt the call to equal rights but in the pursuit of equal the change. The improved security serve and was rightfully proud of his responsibility. Today is a good day be- from our military and the training pro- commitment to defend and protect our cause we always talk about equal vided by our troops played a big role. country. Sergeant Robinson’s love of rights, but with don’t ask, don’t tell we But American diplomats and military the outdoors provided him with many are talking about Americans who leaders told me that the biggest reason of the skills needed to be the best Ma- sought equal responsibility, Americans for the progress in Iraq was this: The rine he could be. who wanted to serve their Nation. Iraqis were told in no uncertain terms Sadly, his life was cut short too soon, Nearly 14,000 LGBT Americans want- that the United States was leaving. and the Robinson family laid their Ma- ed to serve their Nation in their mili- Our military presence would end on De- rine to rest in Hastings, Nebraska on tary but were deemed unfit to serve cember 31 of this year. That was what August 16, 2011. Sergeant Robinson re- not because of what they did but be- galvanized Iraqi politicians to take turned to his birthplace with valor and cause of whom they loved, as if loving control of their own country. honor, having been awarded the Purple another man made a soldier unable to Today, I am sending a letter to the Heart, the Combat Action Medal, the aim a rifle or unwilling to die for his President calling on him to stand by Iraq Campaign Medal, the Afghanistan country. But for as many servicemem- his commitment to pull all U.S. Oper- Campaign Medal, the Global War on bers who were drummed out—both lit- ation New Dawn troops out of Iraq by Terrorism Expeditionary Medal, and erally and figuratively—under don’t the end of this year. We should bring many other decorations during his ask, don’t tell, I cannot help but won- the last of them home on schedule. military career. He died a brave and der how many more served in silence, U.S. marines will still guard our em- most honorable death. We are proud to proud of their uniform but made to feel bassy, as they always have, and we will call him one of our own. ashamed of the person underneath. still maintain a strong diplomatic The tradition of military service is LTC Charles George served his coun- presence in Iraq. strong in our great state of Nebraska, try for more than 30 years, including 28 Despite this year’s deadline, I know but strong soldiers are not possible years as a commissioned officer in the there is talk of the possibility of keep- without the support of family. I am U.S. Army. His uniform is decorated ing a sizable force of U.S. troops in Iraq confident Nebraskans will rally around with a wide range of medals and rib- through next year. If that is the case, Sergeant Robinson’s family during this bons for dedicated service. When he it is not good. We cannot afford moving difficult time. He is mourned by his graduated from ROTC in 1980, Charlie’s the goalposts. Across Montana and this wife, two sons, mother and stepfather, boyfriend Dennis was there, and he Nation, people are saying: Come home sisters, and many others. It is the wrote to me recently about his experi- and come home now. I know sectarian strength of his wife Rhonda that will ence. He said: violence in Iraq will continue. We remind Wyatt and Kodiak of the love I sat next to his mother, keeping quiet so should not be asking American troops their father had for them and for his I wouldn’t draw attention to our relation- to referee a centuries-old civil war. country. ship. During his actual pinning, my eyes That conflict is likely to continue into His mother Misi provided insight into never left his for the entire process. I was so the distant future regardless of our her son’s position to serve when she proud of him. At one point, his eyes found presence. said: me in the audience and we smiled to each other. I still remember that moment. Iraq now has the tools it needs to se- Our freedom was put on the line. It takes cure its economy. Iraq must solve the young men like Josh to enlist and protect That was the last of those moments problems for its own people. Keeping the USA. they would have. In 30 years of dedi- thousands of U.S. troops in Iraq would I know his family is proud of him and cated Army service, that ROTC cere- needlessly put them in more danger, it will always remember his spirit, his mony was the only military activity of would cost American taxpayers more competitiveness, and his enthusiasm Charlie’s that Dennis would be able to money, and it would further distract us for adventure. be a part of. Charlie was determined to from our core objectives of protecting May God bless the Robinson family serve our Nation, and so they had to U.S. citizens and further dismantling and all of our fighting men and women keep their relationship a secret. al-Qaida and other terrorist groups. in harm’s way. Charlie steadily rose through the That is where our focus must be, and I yield the floor and note the absence ranks to first lieutenant and then to that is why I am saying let’s end this of a quorum. captain. He was promoted to major and war for good. The ACTING PRESIDENT pro tem- ultimately lieutenant colonel. These I yield the floor. pore. The clerk will call the roll. were all proud moments for Charlie,

VerDate Mar 15 2010 02:31 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.045 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5755 but Dennis could not be in the room for Frankly, it is not a bill I would have said: No, you have unfair trade prac- any of them. ‘‘The only thing harder drafted on my own, but my guess is tices. So there is a penalty on the than being a soldier is loving one,’’ neither would have the two people who country that is using those unfair prac- they would later recall hearing. I negotiated the bill. This is a com- tices to compete. But then what that would offer the only thing harder than promise between Chairman CAMP in the country does is they start labeling the loving a soldier would be having to House and the Senator from Montana product as if it were from somewhere keep that love a secret from the world here. It is a compromise that reflects else, and they may ship the product for a decade. exactly that. It is not what either one through that other country and get it After 9/11, then-MAJ Charlie George of them may have come up with, and labeled there or they may short circuit was activated from Reserve duty, and certainly not what I would have come that and put the label on it in their like so many military families they up with. But, based on the President’s own country and say it was made discussed their now uncertain future. If determination, it is essential to move somewhere else so when it comes in Charlie had died in the service of his on to the three trade agreements that here, suddenly it does not have that country, there would be no call on have been waiting to be voted on for 3 penalty. Whether that is relabeling or I Dennis’s phone from the Army, no years now. think, as my good friend from Oregon knock on his door. Dennis would re- I intend to vote for this. I am looking calls it, merchandise laundering, where ceive no crispily folded flag presented carefully at the amendments. I am sup- you make the merchandise appear to by a military honor guard. Dennis portive of the two amendments we will be something it is not, so you no longer would never be able to be buried next vote on today. But if they would dis- pay the penalty, I would love to see to Charlie at the Arlington National rupt the balance of this agreement that that on a bill here in the near future. Cemetery. has been made, I am going to look very The other Senator from Oregon and I For 31 years they kept their relation- carefully at that as these votes are have a bill on affordable footwear that ship and their love a secret. Colonel cast. has trade impact I would love to see on George retired this year—a milestone Certainly, I wish for this President a bill. This is a bill that potentially he will celebrate next month in Reho- and all of his successors to have trade might have jurisdiction to go on. But both Beach, DE. For the first time promotion authority. I think we have that is not the agreement that has since that ROTC ceremony more than seen the difficulty of the President been made between the House and the three decades earlier, Dennis will be being able to negotiate a treaty as an Senate. I am going to be supporting there proudly looking on. No more se- agreement. A trade agreement that that agreement and not doing anything crets, no more hiding, just the respect comes to the Senate and that could be that makes it impossible for us to get and dignity they both deserve—not just amended by the Senate and which these three trade agreements. I am ab- because of Charlie’s long and dedicated takes two-thirds of the Senate to ap- solutely banking on the commitment service to the U.S. Army or because of prove—those days are over. Before by the President of the United States Dennis’s silent sacrifice but because trade promotion authority, we had es- that if this happens, the three trade they are both Americans. sentially gotten out of the treaty agreements come to the Congress. I was proud to cosponsor the repeal agreement on trade because who wants When they come to the Congress, I be- of don’t ask, don’t tell last fall. I was to make that kind of agreement? Who lieve they pass the House and Senate, even prouder to vote for it. Madam wants to get into a room and negotiate and they create great opportunity for President, 3 months ago I was 1 of 13 a trade agreement only to see the thing American workers to send their prod- Senators to record a video telling the maybe they thought was the biggest ucts to other countries. gay, lesbian, bisexual, and transgender thing they had given up or the biggest One of these agreements that has youth of this country that it gets bet- thing they had gotten taken out of the been there for a long time is the agree- ter. As Americans we tell our kids that agreement before the Senate votes on ment with Colombia. Colombia already equality for all is a founding principle it? is able to ship its products in here of our Nation, but our actions in so So this up-or-down, yes-or-no, major- without tariff under something that many ways have in the past failed to ity-in-the-Senate and majority-in-the- routinely passes the Congress called live up to these brave words. Our video House trade promotion authority is the Andean Preferences Act. So this is was a promise to this generation of very important. I wish we had an not about whatever labor conditions Americans, to the generation of my agreement that this President wanted there are in Colombia. Their products children, a promise that we are work- right now, and that the next Presi- already come here. This is about ing to build an America free of legal dent—whoever that is and whenever whether U.S. workers are going to have discrimination, free of discrimination that is—would have the ability to con- every possible advantage in Colombia. in our society; that LBGT youth have a tinue, because since we ran out of the This is about whether Caterpillars future in this country where they will trade promotion authority law, we made in the United States or John be entitled to the same rights, privi- have not had any agreements nego- Deere tractors or moving equipment leges, and responsibilities as every tiated. made in the United States has the other American. In fact, the three we have negotiated same advantage in Colombia that the Bit by bit we are going to tear down now, I want to talk about for a minute, same piece of equipment made in Can- these walls of discrimination. This is but they have been available for 3 ada has. Right now, they do not have how we make it better. Don’t ask, years and I am eager for the President that advantage. We need to see that don’t tell was discrimination, plain and to send them up. The President says they do. simple. But today it is no more. Today this TAA issue, this trade adjustment As to Korea, the European Union ne- is a good day. assistance issue, has to be understood gotiated a trade agreement long after Thank you, Madam President. to be completed and will be completed, we negotiated this agreement, but it The ACTING PRESIDENT pro tem- or at least he has to be assured it will went into effect the first of July, and pore. The Senator from Oklahoma. be completed, before we get those three the year-to-year comparison, July over Mr. INHOFE. I thank the Chair. agreements. July, is, I think, 38 percent bigger this (The remarks of Mr. INHOFE and Mr. It would be fine with me if we could July than it was last July. The only BLUNT pertaining to the introduction adjust this some. I want to see the bill difference between this July and last of S. 1583 are printed in today’s RECORD of my good friend from Oregon, who is July is the trade agreement. under ‘‘Statements on Introduced Bills on the floor, Mr. WYDEN, considered, of These are three countries where all and Joint Resolutions.’’) which I have cosponsored, on trans- of their trading history, all of their Mr. BLUNT. Madam President, I wish shipments, where many of us in this buying history—Panama being the to speak for a few minutes today about body have problems in our States—I third of the three—would be that given the bill that is on the floor, the amend- have two major problems I could talk the choice of an American product to ment, in fact, to the general system of about for a long time, but I will not buy or a product from any other coun- trade preferences bill. That amend- today—where the proper authority has try but their own, they would give ment is trade adjustment assistance. looked at what is happening, and they preference to the American product.

VerDate Mar 15 2010 02:31 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.048 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5756 CONGRESSIONAL RECORD — SENATE September 20, 2011 But we are giving away that market effort to, in effect, level the playing that when Bill Clinton became Presi- advantage by not creating this oppor- field, that means American companies, dent, there were deficits and debt as far tunity for American workers and particularly American exporters, ben- as the eye could see, and this country American companies, big and small. efit more than do the folks around the was going on the wrong path. What he Agriculture is a huge beneficiary of world. So I think the point the Senator did was to make sure everyone paid his these agreements. Lots of agriculture, from Missouri has made is a very valid or her own fair share so we had the rev- lots of grain crop agriculture, lots of one. enues we needed to make the invest- meat crop agriculture—whether it is I also want to thank him for his comments we needed to create the jobs we chickens or poultry of all kinds or pork ment with respect to the trade cheats. needed. or beef—is very dependent on American We are going to have further discus- In those years, the investments were family farmers who will see a great op- sions with respect to TPA, and I see in high-tech and biotech, and we really portunity in each of these countries, the distinguished ranking minority broke through on the global scene. given the opportunity to get their member. When we talked about this in Madam President, 23 million jobs were product under these agreements. committee, I made it very clear I in- created and deficits were turned into I am hoping that enough of my col- tend to keep working with Senator surpluses. I remember looking back at leagues and I are able to get this gen- HATCH and Senator THUNE, who is the the record. Some of my Republican col- eral system of preferences bill, as ranking member of the subcommittee. leagues who are still here today said: amended with the TAA, done so we can The challenge is to make sure TPA The Clinton approach is going to lead get on to the job-creating work of keeps up with the times. Because if we to the worst deficits, no job creation. these three trade bills. These are op- just reauthorize in 2011 TPA of 2002, we They were incorrect. We lived through it, and we know portunities to create more private sec- are not going to be dealing with digital that vision of cutting spending on what tor American jobs. Over and over, al- goods and digital services, we are not does not work, increasing spending on most every Member of the Senate says going to be dealing with State-run en- investments, everyone paying their fair that should be our No. 1 priority. The terprises, we are not going to be deal- share—all that turned into prosperity, President says that is his No. 1 pri- ing with labor and environmental 23 million jobs. What perplexes me is ority. issues. That is why we are going to that my colleagues on the other side of This work, combined as we get to the have to continue that work in a bipar- the aisle want to go back to the Bush trade agreements, lets us do the easiest tisan way. years, trickledown economics, more part of job creation and our No. 1 pri- Madam President, Senator BOXER tax breaks for millionaires and billion- ority, which is to let American workers was going to speak next. Then I under- aires, no investments, so we even lose compete in places where the consumer stand Senator HATCH wants to discuss funding for our teachers, our fire- wants to buy American products, his amendment, and I intend to remain fighters, our nurses, and even our eliminate those barriers, and move for- for that. transportation stakeholders. ward with these agreements and the With that, I yield the floor. I am so grateful we passed an exten- bill on the floor today. Then, hopefully, The ACTING PRESIDENT pro tem- sion of the highway bill for 6 months. we can get to the transshipment bill; pore. The Senator from California. But, believe me, we face perils ahead hopefully, we can get to the Affordable Mrs. BOXER. Madam President, I ask because the House cuts that bill by a Footwear Act, and, hopefully, we will unanimous consent to speak as in third, and we have to make sure that eventually see TPA. The Senator from morning business for up to 10 minutes. does not happen because 1.8 million The ACTING PRESIDENT pro tem- Utah has a bill that would synchronize jobs are at stake. trade adjustment assistance with any pore. Without objection, it is so or- So I am perplexed that my Repub- trade bill. And, of course, we should do dered. lican friends only evidence compassion that. Mrs. BOXER. Madam President, first, and concern for the millionaires and But let’s get this work done. I look I want to say thank you to the leader- the billionaires, but not for the middle forward to this being done, and the ship on this bill. This trade adjustment class. Their compassion for the President sending the bills up so that assistance is so critical. When we talk wealthiest is overwhelming. Their ex- before the next month passes, hope- about creating jobs, we also want to pressions of concern for billionaires— fully, we will be seeing American prod- talk about retraining those who need, mind boggling. They call them the job ucts have the advantage they have in this century, the new kinds of train- creators, even though they are not the been waiting for now or at least elimi- ing it takes to keep up in this economy ones creating the jobs. The jobs are nate the disadvantage they have had and this world economy. So I want to being created, if they are at all, by the needlessly for the 3 years since these thank them for their leadership. way, by the small businesspeople. For agreements were all negotiated. JOBS AND DEFICIT REDUCTION 64 percent of new jobs, the creation I yield the floor. Madam President, I want to talk comes from small business. They do The ACTING PRESIDENT pro tem- about jobs and deficit reduction. The not earn a million dollars. No way. So pore. The Senator from Oregon. good news on this front is that Presi- they call millionaires and billionaires Mr. WYDEN. Madam President, I dent Obama has presented to the Na- job creators, which they are not, and want to respond very briefly to my tion both a jobs plan and a deficit re- they cry bitter tears that we might ask friend from Missouri, and then I know duction plan. He has shown the Nation, a millionaire or a billionaire to pay a the Senator from California is here, through this plan, that while we must fair share. and she wishes to speak for about 10 cut the deficit and the debt in the long When I was young—and maybe I minutes. I am going to be very brief. term, we have to focus on jobs in the shouldn’t tell the truth because this is First, I want to thank Senator BLUNT short term. His plan ensures that mid- going to date me—there was a show on for working with us in a bipartisan dle-class Americans get the jobs and television called ‘‘Dragnet.’’ The star way. He played a key role in trying to the opportunities they need to con- of it was Joe Friday. Joe Friday used advance this issue and worked very tinue to move ahead. It also makes to say: ‘‘Just the facts.’’ So let’s look closely with all of us in the Finance sure we have a fair tax system in place at just the facts. Let’s look at the Committee, Chairman BAUCUS, myself, so everyone pays his or her own fair facts. Why are my Republican friends and others. share—not too much, not too little, but defending the wealthiest among us? The Senator from Missouri is abso- fair. So this approach is welcome. Since 1995, the wealthiest 400 Ameri- lutely right with respect to the tariff I will tell you why I welcome it. Be- cans have seen their tax rates fall by 40 issue. The fact is, the American mar- cause the approach outlined by Presi- percent, while their average income ket is open. We essentially have some dent Obama—deficit and debt reduc- has quadrupled. Let me say that again. of the lowest tariffs around. In many of tion, investments in jobs—was the The wealthiest 400 families saw their the markets around the world—and same vision that worked before when income go up by four times and their certainly in a number of areas with Bill Clinton was the President. I had tax rates went down by 40 percent. Why these three countries—we face much the honor of being here in this body to do they have to cry for that situation? higher tariffs. So if we come up with an support those policies. People forget Why the tears?

VerDate Mar 15 2010 02:31 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.050 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5757 Here is another fact and this is amaz- When Republicans took control of President Obama has taken steps to ing. The wealthiest 400 families are the House, gross domestic product had follow that roadmap. We know it worth more than 50 percent of Amer- grown at an average of 2.5 percent after works. We will get these deficits down, ican families. Let me say that again. the Recovery Act. Now it is down to 0.7 we will get the debt down, we will help The wealthiest 400 families in America percent—from 2.5 percent of growth to the middle class and, yes, the wealthi- are worth more than 50 percent of 0.7 percent. The Republican Congress est among us will pay the same tax America’s families. Senator BERNIE put the brakes on job creation, and rate effectively as their secretaries. SANDERS from Vermont brought that that is a strong reason why this econ- You know what, if we do that, Demo- fact to us. Why the tears for those 400 omy has slowed. crats and Republicans can feel good families? Even before they have read the fine about this country again. Let’s work One of those people, Warren Buffett, print of President Obama’s proposal, together and let’s not say now that we came forward. Bless his heart. He said they say it is dead on arrival. So let us can’t ask billionaires to pay their fair his effective tax rate is lower than his be clear: Again, asking millionaires share and let’s not keep the middle secretary’s. His effective tax rate is and billionaires to pay the same as class from getting their tax cuts and lower than his secretary’s. Why are we their secretaries is not class warfare, it their jobs. That is what is important. crying for people who earn millions and is moral. Mark Cuban, the owner of the I wish to thank the leaders on this billions and pay a lower effective tax Dallas Mavericks, says it is the most issue for letting me have the time to rate than their secretaries? I thank patriotic thing we can do. talk about this middle-class attack Warren Buffett for coming forward and So instead of crying for millionaires that we are seeing, and I thank the other millionaires and billionaires and billionaires, I am thinking of send- Chair. have come forward and basically under- ing a box of Kleenex tissues over there The ACTING PRESIDENT pro tem- scored that. Here is what he said: to PAUL RYAN, who is lamenting this pore. The Senator from Utah. My friends and I have been coddled long attack on millionaires and billionaires. Mr. HATCH. Madam President, I wish enough by a billionaire-friendly government. Poor thing. Poor guys, poor gals. In- to talk about an amendment I intend It’s time for our government to get serious to offer linking TAA expansion to en- about shared sacrifice. stead of doing that, let’s fight for the middle class around here. Let’s get our actment of the three pending free-trade I think he is right. Why should a mil- arms around deficit reduction by ask- agreements. lionaire or billionaire pay an effective I will send an amendment to the desk ing everyone who can to pay their fair lower tax rate than firefighters who in the near future for consideration. share. risk their lives every day, than nurses By the way, let’s give tax breaks to This amendment makes the effective who save lives every day, than their the middle class. Do you know these date for additional TAA funding con- own assistants and secretaries who are same Republicans who are crying their tingent upon the enactment of our so important in running their enter- tears for the millionaires and billion- free-trade agreements with Colombia, prises? Our President Obama has sug- Panama, and South Korea. aires say they do not want to give a tax gested millionaires and billionaires pay It is unfortunate this amendment is break to working people? They are the same effective tax rate as their em- necessary. Supporters of this trade ad- against the payroll tax proposal which ployees. That should be embraced, not justment assistance bill tell us that would suspend that payroll tax for a attacked as class warfare. TAA is a necessary precondition to I ask, is it class warfare to say to a period of time. I ask them to stop submission of our pending free-trade millionaire or a billionaire they should blocking bills that would create jobs. agreements—a necessary precondition pay the same effective tax rate as their Stop blocking tax breaks for the mid- of the President. The President and his secretary or is that just the moral dle class. Stop going after middle-class supporters say if TAA does not pass, thing to do? It is the moral thing to do. seniors. Stop crying for billionaires the free-trade agreements will never be Is it the fair thing to do? It is the fair and help us pass elements of the Obama sent to Congress for our consideration. thing to do. Our country needs every- jobs plan which include bipartisan pro- I find this logic disturbing. It basi- one to help us as we tackle the deficit. posals all of us have supported in the cally boils down to this: Spend more So why the tears? Why the tears? past. taxpayer money on one of our pet trade These are not the job creators. These I think that is critical. We did this priorities or we will refuse to allow are not people who have given the last before with Bill Clinton—we created Congress to vote on trade agreements 10 years. We have seen their incomes jobs, we strengthened the middle class, that we know will create jobs. The ad- rise exponentially and their taxes go and we created surpluses by asking ev- ministration has said it will create down. eryone to pay their fair share. Remem- 250,000 new jobs. By the way, at a time So I don’t think it is class warfare at ber, when our President took over, this when unemployment is over 9 percent, all. It is just a talking point for Repub- country was bleeding 700,000 jobs a I simply can’t understand why the licans. But since they have raised it, I month. I remember that—700,000 a President continues to hold up these would say this. I don’t think it is class month. We were on the verge of losing FTAs and their consideration. warfare to ask millionaires and billion- our automobile industry. This Presi- Even today, we don’t know if the aires to pay the same effective tax rate dent took action. He doesn’t get the President will actually send the FTAs as their secretaries, but I think Repub- credit for that, and that is OK. There to Congress if we pass TAA. So my lican policies are class warfare on the will be time enough to spell it out. But amendment is very simple. It allows middle class. Look at their policies. all we have to do is look back to those TAA to be approved, but it will only go They would end Medicare and put mid- days. Credit was frozen. into effect once the President submits dle-class senior citizens in jeopardy. The Presiding Officer remembers the trade agreements to Congress, they They want to privatize Social Security that. Capitalism was coming to an end. are all approved, and when they are and put middle-class seniors in jeop- This President acted. I have to say signed into law. ardy. They want to cut one-third of the this: I don’t want to go back to those To me, this amendment is about fun- funds from transportation, which days of bleeding 700,000 jobs a month. I damental fairness. If we are to meet would mean 600,000 layoffs for middle- don’t want to go back to the days of the President’s demands, we can at class workers. credit freezes. I don’t want to see these least ensure our top priorities are ad- They stopped us from helping small deficits continue. I want everyone to dressed as well. business by blocking Senator LAN- pay their fair share. Most of all, I want I think it is worth taking a moment DRIEU’s Small Business Innovation Act. jobs for the American people. to review how we got here. They blocked the EDA—the Economic So if we can stop crying tears for the In December 2010, the President an- Development Act—which would have people who have it all and we can roll nounced he had finally reached agree- created 1 million jobs over 5 years. up our sleeves and work together for ment with South Korea to renegotiate They have taken no action on the FAA the middle class, we will strengthen parts of that trade agreement. Touting bill. They have not appointed con- this Nation. We will solve our prob- the benefits of these changes, the ferees, and we can’t get that bill done lems, just as we did when Bill Clinton President seemed poised to imme- that is hundreds of thousands of jobs. was President. We have the roadmap. diately begin working with Congress

VerDate Mar 15 2010 02:31 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.052 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5758 CONGRESSIONAL RECORD — SENATE September 20, 2011 toward its quick implementation; that nally resulted in an opportunity for ‘‘(ii) on and after June 1, 2013, and before is, the implementation of the Korean Congress to consider our trade agree- December 31, 2013, if trade authorities proce- Free Trade Agreement. ments with these important allies. But dures are extended under subsection (c); and’’; In February, Senator MCCONNELL and alas, it was not to be. Mr. WYDEN. Would the Senator yield (2) in subsection (b)(1), by striking sub- I wrote to the President commending paragraph (C) and inserting the following: him for his strong support for the for a unanimous consent request? Be- ‘‘(C) The President may enter into a trade South Korea agreement but also ex- cause 5 o’clock is coming. agreement under this paragraph— pressing disappointment we did not see Mr. HATCH. I would be happy to ‘‘(i) on and after the date of the enactment the same level of commitment to our yield, without losing my right to the of the Creating American Jobs through Ex- pending free-trade agreements with Co- floor. ports Act of 2011 and before June 1, 2013; or lombia and Panama. At that time, we Mr. WYDEN. I thank my colleague. ‘‘(ii) on and after June 1, 2013, and before warned that further delay would mean Certainly, when I am done, the Senator December 31, 2013, if trade authorities procedures are extended under subsection (c).’’; lost market share and alienation of is next to continue his comments. I ask unanimous consent that the and key Latin American allies. We also (3) in subsection (c)— made it clear each agreement would re- pending McConnell amendment No. 626 be modified with the DeMint language (A) in paragraph (1)— ceive broad bipartisan support once the (i) in subparagraph (A), by striking ‘‘before which is at the desk; and Senator President submitted them to Congress July 1, 2005’’ and inserting ‘‘on and after the for approval. HATCH or his designee then be recog- date of the enactment of the Creating Amer- Three days later, the President re- nized to offer amendment No. 641; that ican Jobs through Exports Act of 2011 and be- sponded when Ambassador Kirk testi- the time until 5 p.m. be equally divided fore June 1, 2013’’; and fied before the Ways and Means Com- between the two leaders or their des- (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by mittee that the President had directed ignees for debate on the McConnell amendment, as modified; that at 5 striking ‘‘after June 30, 2005, and before July him to immediately intensify engage- 1, 2007’’ and inserting ‘‘on or after June 1, ment with Colombia and Panama to re- p.m., the Senate proceed to executive session to consider the following judi- 2013, and before December 31, 2013’’; and solve the administration’s outstanding (II) in clause (ii), by striking ‘‘July 1, 2005’’ cial nominations: Calendar Nos. 169 and issues with these two agreements. and inserting ‘‘June 1, 2013’’; 170; that there be up to 15 minutes of Senator BAUCUS and I welcomed that (B) in paragraph (2), in the matter pre- development when we wrote to Ambas- debate on the nominations, equally di- ceding subparagraph (A), by striking ‘‘April sador Kirk on February 14 and asked vided, in the usual form; that upon the 1, 2005’’ and inserting ‘‘March 1, 2013’’; that he be prepared to provide testi- use or yielding back of the time, Cal- (C) in paragraph (3)— endar No. 169 be confirmed and the (i) in subparagraph (A), in the matter pre- mony regarding what additional steps ceding clause (i), by striking ‘‘June 1, 2005’’ the administration believed Colombia Senate proceed to vote without intervening action or debate on Calendar and inserting ‘‘May 1, 2013’’; and and Panama should take and to provide (ii) in subparagraph (B)— No. 170; the motions to reconsider be a clear and expeditious timeline for (I) by striking ‘‘June 1, 2005’’ and inserting moving both agreements through Con- considered made and laid upon the ‘‘May 1, 2013’’; and gress. table, with no intervening action or de- (II) by striking ‘‘the date of enactment of Shortly thereafter, in early March, bate; that no further motions be in this Act’’ and inserting ‘‘the date of the en- Ambassador Kirk notified Congress the order to any of the nominations; that actment of the Creating American Jobs any statements related to the nomina- through Exports Act of 2011’’; and administration was ready to begin (D) in paragraph (5), by striking ‘‘June 30, technical work on the South Korea im- tions be printed in the RECORD; that the President be immediately notified 2005’’ each place it appears and inserting plementing bill with the intent to seek ‘‘May 31, 2013’’. of the Senate’s action and the Senate approval in the spring of this year. (b) TREATMENT OF THE TRANS-PACIFIC Senator BAUCUS and I welcomed this then resume legislative session; that PARTNERSHIP AGREEMENT AND CERTAIN development but again called for a spe- upon disposition of the judicial nomi- OTHER AGREEMENTS.—Section 2106 of the Bi- cific timeline for resolution of the out- nations, the Senate proceed to a vote partisan Trade Promotion Authority Act of standing issues with Colombia and in relation to the McConnell amend- 2002 (19 U.S.C. 3806) is amended— (1) in subsection (a)— Panama. ment, as modified; that there be no amendments, points of order or mo- (A) in paragraph (1), by striking the During our March 9 hearing on the comma at the end and inserting ‘‘, or’’; administration’s trade agenda, I made tions in order to the McConnell amendment prior to the vote on the amend- (B) by striking paragraphs (2), (3), and (4) it clear that consideration of the South and inserting the following: Korea agreement, without a clear path ment, other than budget points of ‘‘(2) establishes a Trans-Pacific Partner- for the Colombia and Panama agree- order and the applicable motions to ship,’’; and ments, was simply not acceptable and waive; that the amendment not be di- (C) in the flush text at the end, by striking that should the President ignore the visible and it be subject to a 60-affirm- ‘‘the date of the enactment of this Act’’ and will of Congress and send the Korea ative vote threshold; the motion to re- inserting ‘‘the date of the enactment of the consider be considered made and laid Creating American Jobs through Exports agreement without Colombia and Pan- Act of 2011’’; and ama, I would do everything I could to upon the table. The ACTING PRESIDENT pro tem- (2) in subsection (b)(2), in the matter pre- make sure those two agreements were ceding subparagraph (A), by striking ‘‘the considered at the same time as Korea. pore. Without objection, it is so or- enactment of this Act’’ and inserting ‘‘the Shortly thereafter, in early April, dered. date of the enactment of the Creating Amer- the President finally took steps to The amendment (No. 626), as modi- ican Jobs through Exports Act of 2011’’. fied, is as follows: fully engage with the Government of SEC. 303. MODIFICATION OF STANDARD FOR PRO- Colombia, announcing an agreement on At the end, add the following: VISIONS THAT MAY BE INCLUDED IN IMPLEMENTING BILLS. a labor action plan that would enable TITLE III—TRADE PROMOTION AUTHORITY Section 2103(b) of the Bipartisan Trade the administration to begin working Promotion Authority Act of 2002 (19 U.S.C. with Colombia to achieve benchmarks SEC. 301. SHORT TITLE. This title may be cited as the ‘‘Creating 3803(b)), as amended by section l02, is fur- that, if met, would then enable the American Jobs through Exports Act of 2011’’. ther amended in paragraph (3)(B) by striking President to submit the agreement to SEC. 302. RENEWAL OF TRADE PROMOTION AU- clause (ii) and inserting the following: Congress. A few weeks later, Panama THORITY. ‘‘(ii) provisions that are necessary to the met one of President Obama’s pre- (a) IN GENERAL.—Section 2103 of the Bipar- implementation and enforcement of such conditions for consideration of their tisan Trade Promotion Authority Act of 2002 trade agreement.’’. FTA when they approved a tax infor- (19 U.S.C. 3803) is amended— The ACTING PRESIDENT pro tem- mation exchange agreement and final- (1) in subsection (a)(1), by striking sub- pore. The Senator from Utah. paragraph (A) and inserting the following: Mr. HATCH. Madam President, on ized additional modifications to Pan- ‘‘(A) may enter into trade agreements with ama’s labor laws. foreign countries— the cusp of victory, the President sac- So there we stood in May, on the ‘‘(i) on and after the date of the enactment rificed it by demanding more govern- cusp of victory. Months of intense con- of the Creating American Jobs through Ex- ment spending on a controversial do- gressional pressure appeared to have fi- ports Act of 2011 and before June 1, 2013; or mestic training program.

VerDate Mar 15 2010 02:31 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.053 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5759 After first asking Colombia, Panama intentions regarding these trade agree- days since that agreement went into and South Korea to take unprece- ments. Until August, of course, when force on July 1. Their share of Korea’s dented steps to solve our President’s the President repeatedly called upon import market increased from 9.5 per- concerns with each agreement, the ad- Congress to take the agreements up cent to 10.3 percent in just 3 weeks. ministration held a press conference ‘‘right now’’ to help create jobs. Meanwhile, the U.S. share of Korea’s and, with no prior cngressional con- This hollow call for action typifies import market dropped from 10.5 per- sultation or notice, announced that the President’s approach to the trade cent to 8.4 percent. Unless we act soon, they would not submit our pending agenda. By calling upon Congress to these trends are likely to continue. trade agreements to Congress unless act, he appears to be embracing the In an open letter to the President Congress first agreed to continue fund- agreements and pushing for their quick and Congress, over 120 food groups and ing a domestic spending program at approval. But, like so many of the companies wrote that ‘‘if there is any near stimulus levels. President’s trade initiatives his words doubt about the seriousness of the This was an astounding development. do not match his deeds. problem for U.S. agricultural exports, Instead of working with Congress to In reality, Congress cannot take up one need only consider the damage seek approval of these job-creating these agreements ‘‘right now.’’ Presi- that has already been done by the trade agreements the President chose dent Obama is relying upon a trade law delay in implementing the Colombia to try and force Congress to agree to called trade promotion authority to FTA. additional domestic spending first. In protect each of these agreements from ‘‘Argentina and Brazil have nego- an opinion editorial, the Wall Street being blocked or amended by Congress. tiated trade agreements . . . with Co- Journal called this move ‘‘extortion.’’ In order to take advantage of this lombia that have given them pref- Weeks of intense negotiations fol- statutory authority, it is not Congress erential access . . . as a result, U.S.- lowed between the White House, Sen- but the President who must take the produced corn, wheat and soybeans ator BAUCUS and Chairman CAMP to de- first step and submit each agreement have been hit hard, with the combined velop a package that would expand and for consideration. If the President does share of Colombia’s imports for these renew trade adjustment assistance not submit them, Congress cannot act products falling to 28 percent from 78 through 2014. under trade promotion authority. percent since 2008.’’ Meanwhile, committee staff worked The President and his team know On August 15, 2011, an agreement be- with the White House to prepare the this. In fact, here is a chart which out- tween Canada and Colombia entered implementing legislation for quick lines the TPA process called ‘‘How A into force, which will only make the congressional consideration. It ap- Trade Agreement Moves Through Con- problem worse for U.S. exporters. peared that we were once again close to gress Under TPA.’’ I appreciate the President’s goal of successfully considering these impor- This was taken directly from the Web doubling exports. Having goals is great. tant trade agreements. site of the Office of the United States But we all know that, if you don’t do But yet again, it was not meant to Trade Representative. It clearly shows the work or take action, goals become be. Upon reaching an agreement on the Congress cannot act until the Presi- little more than false hope—they never substance of a trade adjustment assist- dent submits the agreements. become reality. ance package with Chairman CAMP the But why take responsibility for mov- The President and his cabinet admit White House again changed course, ing the agreements when it’s much that these agreements are key to their turning its back on a willing Congress easier to blame their continued delay goal of doubling exports. Yet the ac- and instead trying to force through on Congress? The fact is the President tion necessary to reach that goal, sub- consideration of trade adjustment as- wants all the benefits of trade pro- mission of the agreements, still resistance by including it in the imple- motion authority but none of the remains in the distant future. Instead, menting bill for the South Korea FTA. sponsibility. we watch the days slip by, and with And, once again, this was done with Once they were called out on the mis- each day our overseas markets erode. virtually no notice or consultation match between their words and deeds, The fact is that each of these agree- with Congress. the administration finally reined in ments is critically important to our The reaction by the Republican cau- their rhetoric but provided little guid- economy. For my home State of Utah cus was predictable. We fought the ad- ance as to what their actual plans are. and for workers across the country ministration’s efforts to abuse trade In the meantime, Republicans con- they mean more opportunity and jobs. promotion authority for its own nar- tinued to push for consideration of the The National Association of Manu- row purposes and pushed for consider- three pending FTAs. Back in July, a facturers estimates that U.S. workers ation of trade adjustment assistance on group of Republican Senators signed a lose $8 million in wages and benefits its own merits. letter vowing to help the administra- every day these agreements are de- Our position was made clear in a let- tion achieve its objective of gaining ap- layed. ter—signed by every Republican mem- proval of trade adjustment assistance I for one stand ready to continue to ber of the Finance Committee—to the in exchange for submitting the FTAs. fight for their consideration and ap- President, in which we expressed our Despite a clear path forward the Presi- proval. We have come a long way since united opposition to inclusion of ex- dent remains silent to this day. January of this year, but we are not panded trade adjustment assistance in As the President continues to delay, done yet. an implementing bill submitted to our country cedes each of these mar- I hope the President will heed my Congress under trade promotion au- kets to our foreign competitors. Our call and submit these agreements to thority. economy and our workers are suffering Congress so we can approve them. But The administration ignored our con- under horrific levels of unemploy- history has shown that this President cerns, and pushed forward on a partisan ment—almost one in ten American won’t act unless he is forced to. This path to force a vote in the Senate Fi- workers is out of a job under this ad- amendment I am offering will continue nance Committee. ministration. We can’t afford to throw to put pressure on him to act and to As a result, while the implementing away any opportunity to create jobs. act soon. legislation for the Colombia bill and Yet this is precisely what the Presi- The time for dithering and delibera- Panama bills received strong bipar- dent is doing. tion is over. Let’s adopt this amend- tisan support, the South Korea imple- While our economy remains troubled, ment and ensure that our work in mov- menting bill moved through committee and while the rest of the world watches ing TAA forward leads to the promised on a strict party line vote—the first in bewilderment as the United States result—submission of the three pending time a trade agreement has done so in lets other countries take over our ex- free trade agreements by the President over 25 years. port markets, we hear nothing but si- and their quick enactment in to law. The administration then vowed to lence from the President. AMENDMENT NO. 641 TO AMENDMENT NO. 633 move forward on this path within days. A case in point: the European Madam President, I send amendment After that we heard remarkably lit- Union’s exports to South Korea in- No. 641 to the desk and ask for its im- tle from the administration about their creased almost 45 percent in the first 20 mediate consideration.

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.005 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5760 CONGRESSIONAL RECORD — SENATE September 20, 2011 The ACTING PRESIDENT pro tem- ther Republican or Democratic admin- aging. During the first years of the pore. The clerk will report. istrations have I seen a time when Bush and Clinton administrations, we The legislative clerk read as follows: nominations, approved unanimously by were able to reduce vacancies signifi- The Senator from Utah [Mr. HATCH] pro- the Judiciary Committee, then wait cantly by confirming judges. The va- poses an amendment numbered 641. month after month after month to be cancies that had numbered over 100 Mr. HATCH. I ask unanimous consent considered on the floor. early in those administrations were that further reading be dispensed with. Mr. President, President Obama dramatically reduced by this juncture. came to Congress 2 weeks ago and The ACTING PRESIDENT pro tem- By early September in the third year of made a compelling case for passing the pore. Without objection, it is so or- the Bush administration judicial va- American Jobs Act. The bill he asked dered. cancies had been reduced to 54. By us to pass includes bipartisan proposals The amendment is as follows: early September in the third year of that have received broad approval in the Clinton administration they had (Purpose: To make the effective date of the the past from members of both parties, been reduced to 55. In contrast, the ju- amendments expanding the trade adjust- including extensions of tax relief for ment assistance program contingent on dicial vacancies now in September of the enactment of the United States–Korea businesses to encourage hiring. They the third year of the Obama adminis- Free Trade Agreement Implementation are consensus proposals we can enact tration stand at 94, with a vacancy rate Act, the United States–Colombia Trade today. We should answer the Presi- of 11 percent, nearly double where it Promotion Agreement Implementation dent’s call and act right away to help stood at this point in President Bush’s Act, and the United States–Panama Trade get Americans back to work and grow third year. Promotion Agreement Implementation the economy. With the unemployment As the Congressional Research Serv- Act) rate at an unacceptable 9 percent, we ice confirmed in a recent report, this is On page 31 of the amendment, between in Congress should be doing all we can a historically high level of vacancies, lines 7 and 8, insert the following: to help our fellow Americans. and this is now the longest period of SEC. 231. EFFECTIVE DATE FOR TRADE ADJUST- There is another unacceptable rate historically high vacancy rates on the MENT ASSISTANCE CONTINGENT ON that we can help change to the benefit ENACTMENT OF CERTAIN FREE Federal judiciary in the last 35 years. TRADE AGREEMENT IMPLEMENTING of all Americans. That is the judicial Even though Federal judicial vacan- BILLS. vacancy rate. It now stands at 11 per- cies have remained near or above 90 for Notwithstanding section 201(b) or any cent, with 94 vacancies on Federal more than 2 years, the Senate’s Repub- other provision of this subtitle, the amend- courts around the country. We can act lican leadership continues to delay ments made by this subtitle shall take effect today to bring down that rate dramati- votes on qualified, consensus nomina- on the date on which the United States– cally by considering and confirming 29 Korea Free Trade Agreement Implementa- tions. Republican obstruction has led judicial nominations approved by the to a backlog of over two dozen judicial tion Act, the United States–Colombia Trade Senate Judiciary Committee that are Promotion Agreement Implementation Act, nominations pending on the Senate’s awaiting final Senate action. With very and the United States–Panama Trade Pro- Executive Calendar, nearly half of few exceptions, the judicial nomina- motion Agreement Implementation Act have them to fill judicial emergency vacan- tions now on the calendar are not con- been enacted into law. cies. No consensus nomination to fill a troversial and could be confirmed Mr. HATCH. Madam President, I am judicial vacancy should be left to lan- prepared to proceed. today. Twenty-five of the 29 judicial nomi- guish on the calendar 1 day longer than f nations on the Senate Calendar were necessary, let alone for months and reported unanimously, and all but 1 of months. EXECUTIVE SESSION Millions and millions of Americans the 29 was reported with significant bi- are directly affected by this obstruc- partisan support. All 28 of these con- tion. More than half of all Americans— sensus nominees have been favorably NOMINATION OF JOHN ANDREW nearly 170 million—live in districts or ROSS TO BE UNITED STATES reported after a fair but thorough process, including an extensive background circuits that have a vacancy that DISTRICT JUDGE FOR THE EAST- would be filled today if the Senate ERN DISTRICT OF MISSOURI material on each nominee and the opportunity for all Senators on the com- would act. More than half of all mittee, Democratic and Republican, to States—27—are served by courts that meet with and question the nominees. have nominations currently pending on NOMINATION OF TIMOTHY M. CAIN the Senate’s Executive Calendar. The TO BE UNITED STATES DISTRICT They have a strong commitment to the rule of law and a demonstrated faith- Republican leadership should explain JUDGE FOR THE DISTRICT OF to the millions of Americans in these SOUTH CAROLINA fulness to the Constitution. These are the kinds of consensus nominees that States why they will not vote. They The ACTING PRESIDENT pro tem- in past years would have been consid- should explain to the people of Lou- pore. Under the previous order, the ered and confirmed within days or isiana, Maine, New York, Texas, Ar- Senate will go into executive session weeks of being reported, not delayed kansas, Pennsylvania, Florida, Wyo- and the clerk will report the nomina- for weeks and months. ming, Alaska, California, Delaware and tions. Certainly this was the practice we Arizona why there continue to be va- The legislative clerk read the nomi- followed during President Bush’s two cancies on the Federal district courts nations of John Andrew Ross, of Mis- terms, when consensus judicial nomi- in their States that could easily be souri, to be United States District nees reported without any objection by filled if the Senate would vote on the Judge and Timothy M. Cain, of South the Judiciary Committee were con- President’s qualified, consensus nomi- Carolina, to be United States District firmed an average of 28 days after they nees. They should explain to the people Judge. were reported. In President Obama’s of the many States that comprise the The ACTING PRESIDENT pro tem- nearly 3 years in office that wait time Second Circuit—Vermont’s circuit— pore. The Senator from Vermont. for unanimously reported nominees to and the Fourth, Fifth and Ninth Cir- Mr. LEAHY. Madam President, while be considered by the Senate has nearly cuits why those important Federal ap- I am pleased we are going to confirm tripled to 78 days, and that number peals courts are short on badly needed the nominations today, they have been continues to climb as the delays con- judges who could be confirmed today. pending in the Senate for 117 days for tinue. It is taking nearly three times These 170 million Americans should no reason or justification. as long for nominees that are by every not have to wait more weeks and More troubling, the time of vacancies measure consensus, noncontroversial months for the Senate to fulfill its con- in courts around the country have re- nominations. They are nearly all constitutional duty and ensure the ability mained at or above 90 for 2 years. We firmed unanimously when the Senate is of our Federal courts to provide justice should be acting on the other 27 judi- finally allowed to vote. We should act to Americans around the country. cial nominations reported favorably by today and not delay further. They should not have to bear the brunt the Judiciary Committee and ready for The effects of these unnecessary of having too few judges available to do an up-or-down vote. Never during ei- delays have been dramatic and dam- the work of the Federal courts. At a

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.056 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5761 time when judicial vacancies remain both his Republican home State Sen- I have spoken many times about my above 90, these needless delays perpet- ators—Senators GRAHAM and DEMINT. native State and what we went through uate the judicial vacancies crisis that Senator GRAHAM was a law partner with Tropical Storm Irene. Chief Justice Roberts wrote of last De- with Judge Cain in the 1990s, and he I was born in Vermont. My family cember and that the President, the At- has spoken to the committee with en- came to Vermont in the 1800s. Nothing torney General, bar associations and thusiasm about Judge Cain’s experi- in my lifetime has approached the dev- chief judges around the country have ence and qualifications. During his 25- astation we see in our State. urged us to join together to end. The year legal career, Judge Cain has Vermonters have continued to struggle Senate can and should be doing a bet- served as a city and county attorney, to regain a sense of normalcy. Bridges, ter job working to ensure the ability of as an assistant prosecutor and a public railroads, and roads remain damaged or our Federal courts to provide justice to defender, and as a judge in family court wiped out. Those many homes, busi- Americans across the country. for the past 11 years. He has been se- nesses, and schools that were not en- Some have pointed to delays on judi- lected to sit by designation on the tirely washed away are in need of pro- cial nominations in the past, real or South Carolina Supreme Court on five found repairs. Farmers are struggling imagined, to justify the continuing occasions. Judge Cain has seen the to salvage what they can of their liveli- failure to take serious action to ad- practice of law from all sides, and he hoods. dress the vacancies crisis. They recall will be a strong addition to the Federal It is late September. In Vermont, Oc- selected instances where Democrats bench. tober can bring snow. But amid the din voted against some of President Bush’s John Ross is nominated to fill a judi- and destruction of the debris of this controversial nominees to justify the cial emergency in the Eastern District horrific natural disaster come hun- across the board freeze on dozens of of Missouri and has the bipartisan sup- dreds of heartening stories of either consensus nominees. They forget the port of his home State Senators. Judge things I have seen firsthand or I have Ross has served as a State judge in progress we were able to make in those heard about Vermonters rising to the Missouri for over a decade. Since 2009, years to confirm judicial nominees and occasion to help their neighbors and he has been the presiding judge for Mis- fill vacancies. We confirmed 100 judges friends, even strangers, to mobilize to souri’s 21st Judicial Circuit. He pre- in the 17 months I chaired the Judici- recover. viously spent 9 years as the St. Louis I saw a man shoveling out a store. I ary Committee in 2001 and 2002. The County counselor, and 12 years as a asked him if it was his store. He said: Senate has yet to confirm 100 judges in State prosecutor, where he rose No. I said: Do you live here? He said: this, the 32nd month of the Obama ad- through the ranks to become the chief ministration. This is another issue on trial attorney in the St. Louis County No; I live two towns over. I said: Do which I hope that we can rise above Prosecutor’s Office. Judge Ross has you know the store owner? He said: No. what the President called ‘‘the polit- served the people of Missouri for his But, he said, I wasn’t damaged. I ical circus’’ to return to Senate’s tradi- entire professional career. I am glad wasn’t hurt; he was. I would hope that tion practice of quickly considering that the Senate will vote on his nomi- if I was hurt, somebody would help me. and confirming consensus judicial nation today. Vermonters are known for our sense nominations. Both of these nominees will fill judi- of community. We are known for our At the end of President Bush’s first 4 cial emergency vacancies. Both have plentiful determination. Our State’s years in office, the Senate had con- the support of their home State Repub- people have proven their fortitude ten- firmed 205 of his judicial nominees. We lican Senators. Both were reported by fold in the aftermath of this disaster. have a long way to go to reach that the Senate Judiciary Committee The Weston Playhouse, a renowned total before the end of next year. At unanimously, without any objection playhouse, where actors from around this point in the Presidency of George from a single Republican or Demo- the country come in the summertime, W. Bush, 149 Federal circuit and dis- cratic member of the committee. They had half their theater performance trict court judges had been confirmed: are both by any measure consensus stage wiped out by the floods. The the- On September 19 of the third year of nominees. Yet, their nominations have ater group stripped the entire play- President Clinton’s administration, 162 been pending on the Senate’s Executive house, set up a temporary stage so they Federal circuit and district court Calendar for 117 days, since May 26, could perform their upcoming show. judges had been confirmed. By com- with no reason or justification given The Town Meeting House in Pitts- parison, although there are 29 judicial for the delay. field has been converted into a medical nominees stalled and awaiting final While I am pleased we will consider clinic. The Air National Guard dropped consideration by the Senate—many of these two nominations today and con- more than 14,000 Meals Ready to Eat in them stalled since May and June—we firm them, this has taken far too long. the town so that those stranded had have yet to confirm even 100 of Presi- More troubling still, these nominations enough food. In addition to those dent Obama’s circuit and district court are only 2 of the 29 judicial nomina- meals, many others have donated meat nominees. tions reported favorably by the com- and other goods so there is plenty of I hope that we can come together to mittee and ready for final Senate ac- food to go around. Schools have return to regular order in the consider- tion. Despite a serious judicial vacan- fundraised to help provide free hot ation of nominations as we have on the cies crisis on Federal courts around the breakfasts to students, and Vermonters Judiciary Committee. I have thanked country, where vacancies have re- around the State have opened their the Judiciary Committee’s ranking mained at or above 90 for over 2 years, homes to those who have lost theirs member, Senator GRASSLEY, many Senate Republicans refuse to consent during the storm. times for his cooperation with me to to consider nominations more effi- Various fundraisers, including some make sure that the committee con- ciently. I hope that this month Sen- college students who are classmates of tinues to make progress in the consid- ators will finally join together to act my son, have a group called Phish. eration of nominations. Regrettably, it to bring down the excessive number of They did their first live concert in has not been matched on the floor, vacancies that have persisted on Fed- years and they raised over $1 million— where the refusal by Republican leader- eral courts throughout the Nation for just one thing after another. But then, ship to come to regular time agree- far too long. We can and must do better there are also bake sales and car wash- ments to consider nominations has put for the nearly 170 million Americans es to raise money. our progress—our positive action—at being made to suffer by these unneces- One way where the indomitable risk. sary delays. Vermont spirit has endured is through The two judicial nominations we con- VERMONTERS HELPING VERMONTERS the remarkable efforts of Vermont stu- sider today are the kind of nominees Mr. President, I will continue be- dents and schools. Schools have start- we can and should consider more cause I am not taking time from any- ed. I know; I have grandchildren going quickly. body on this. The time has been re- to school there. The schools faced tre- The nomination of Timothy Cain to served to talk some more, to talk mendous challenges to open their doors fill a judicial emergency in the District about what has been happening in just days after Irene descended on us. of South Carolina has the support of Vermont. Many had to delay opening for a few

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.011 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5762 CONGRESSIONAL RECORD — SENATE September 20, 2011 days because the school buildings were ricanes, wildfires and other natural dis- Carolina. I just can’t wait to see him serving as community centers for fami- asters this year, reaching into nearly take over in our courts and administer lies who had lost their homes and chil- every single State of our Union. This is justice. dren who had lost everything in the no time to dawdle or to ignore the ur- So I say to Senator GRASSLEY and storm. But let me show a couple exam- gent needs of fellow Americans. We are Senator LEAHY, thank you both. ples of students making the most. one Nation, and until now we have I yield the floor. Look at this New York Times pic- willingly and generously come to the Mr. GRASSLEY. Mr. President, ture. This is the Barstow Memorial aid of our fellow Americans in times of today the Senate will vote on the nom- School students in Chittenden. need. ination of John Andrew Ross to be U.S. Chittenden is actually in Rutland This is the time to help our fellow district judge for the Eastern District County, down in the southwest part of Americans who have suffered tremen- of Missouri, and also Timothy M. Cain, our State. They used this trail to navi- dous losses. Many of our states will to be district judge for the District of gate on their way to school. They were take years to recover. I am pleased the South Carolina. going to go to school. They were cut Senate passed this essential bill last Both seats have been deemed to be off. There was no road to go to school, week, and I urge the House to send this judicial emergencies. With these votes, to get to the schoolbus. The parents of emergency disaster relief bill to the we have confirmed 67 article 3 judicial these children said: They are going to President, without further delay. nominees during this Congress. Of school. We Americans are spending hundreds these, 23 have been for such judicial Look at the mud on this child’s legs. of billions of dollars to rebuild Iraq and emergency type districts. I am pleased Look at the people. Look at them Afghanistan. Let’s spend this money that we continue to have great walking, carrying things. ‘‘We are amount to rebuild America for Ameri- progress in lessening the burden of our going to school.’’ cans. overworked courts, particularly con- The washout on Route 4 took weeks I yield the floor. centrating upon judicial emergencies. to fix, so these students slogged along The PRESIDING OFFICER (Mr. I am somewhat surprised in the delay a muddy trail to meet vans and cars CASEY). The Senator from Iowa. in bringing these votes we are going to half a mile away, whether it was rain- Mr. GRASSLEY. Mr. President, we have today to the full Senate, at the ing or dark or cold or anything else, are on judicial nominees; is that right? majority leader’s request. and these cars carried the students to The PRESIDING OFFICER. The Sen- Senate Republicans cleared these buses to take them the rest of the way ator is correct. votes nearly 2 weeks ago, with the an- to school. Community members helped Mr. GRASSLEY. I would like to, first ticipation that the Senate would vote chaperone the children on the trail. of all, yield such time as he might con- on these nominees last Monday, Sep- The whole community turned out. sume, before I speak, to the Senator tember 12. So I hope everyone under- They stood there and they passed out from South Carolina so he can speak stands these nominees could have been snacks and refreshments. about one of the judges that are up for confirmed 8 days ago. It was not the When these students arrived at nomination. Republicans then holding up these for school, they were caked with mud. The PRESIDING OFFICER. The Sen- the last 8 days. They didn’t look like the children who ator from South Carolina. As I noted, we continue to make normally come to school, but they Mr. GRAHAM. I wish to thank you great progress in proceeding to Presi- were proud of their twice-a-day rou- and Senator LEAHY for bringing the dent Obama’s judicial nominees. These tine. They made it to school. nomination to the floor. votes today are somewhat of a mile- Moretown Elementary. This is one Very quickly, colleagues, this is a stone. They are the 99th and 100th con- town over from where I live. I had a confirmation vote for Timothy Cain to firmation of President Obama’s judi- grandmother born there. They fared be a Federal judge in South Carolina. cial nominees. As of today the Senate worse than many schools in the State. Tim was my law partner, so I will just has confirmed 63 percent of President The buildings sustained damage and put my biases right out on the table. Obama’s judicial nominees since the flooding overtook the school’s septic He has been a family court judge beginning of his Presidency. system. The principal and teachers since 2000 in the Tenth Judicial Cir- Earlier today the Senate Judiciary came together. They organized a series cuit, dealing with the most com- Committee held its 14th nomination of field trips to get the kids out of the plicated and emotional issues in the hearing. We have now heard from 82 devastated town so they could continue law, and we will not find one person percent of President Obama’s judicial in their studies. They visited who has practiced before Tim Cain as a nominees this Congress. At this point Shelburne Farms and Montshire Mu- lawyer who has anything other than in the 108th Congress, only 79 percent seum, just to name two venues. Last high praise for the way he handles him- of President Bush’s judicial nominees week, with the school still closed, they self. had received a hearing. We have also met. They met. Look at that. The base- Tim has been a prosecutor, a public reported 69 percent of President ball field was covered by donated tents, defender. He was assistant county at- Obama’s judicial nominees compared as seen in this photo from the Web site torney. He has a very distinguished to 67 percent of President Bush’s. of the Vermont Public Radio, where record in the law. But, more impor- I am pleased with the progress and teachers held classes. The school’s of- tant, he is one of the most decent peo- will continue to move forward with fices operated from popup trailers. Kids ple I have ever met. His wife Renee and consensus nominees. took well to their new school schedule, son Martin are the most charming, de- Now I would like to say a few words and teachers there are glad to provide cent people one could ever hope to about these two nominees. the support they need. meet. I thank President Obama for John Ross is nominated to be U.S. The children of Vermont and their nominating him. I appreciate the sup- district judge for the Eastern District families and teachers are doing their port from Senator LEAHY and Senator of Missouri. He presently serves as a utmost to make their way through GRASSLEY working this nomination circuit judge for the 21st Judicial Dis- these extremely difficult times. But through the process. trict in Missouri. Appointed to that po- these inventive measures are not per- This will be a big win for the State of sition by the Governor in January 2000, manent solutions. Vermonters are South Carolina and all who come be- Judge Ross was retained by the voters doing all they can and more to help fore Judge Cain. He is a total package in Missouri in the retention elections each other recover, which makes it all of intellect, character, integrity, com- of 2002 and 2008. During his tenure, the more dismaying that some in Con- mon sense, judicial disposition and de- Judge Ross was elected assistant pre- gress seemed determined to play poli- meanor, and I could not be more proud. siding judge by his judicial colleagues tics with disaster relief. Millions of This is probably one of the most satis- in that circuit and served in that office American families and businesses, not fying moments I have had as a Senator, from 2005 to 2009. He was subsequently just in Vermont but across the country to get up and recommend to my col- elected as presiding judge and has have been devastated by an unprece- leagues the approval of Tim Cain to be served in that capacity from 2009 until dented series of floods, tornadoes, hur- a Federal judge in the State of South now.

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.058 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5763 Prior to his appointment to the State The result was announced—yeas 99, mistake for our country, even if we bench, Judge Ross served as county nays 0, as follows: provide trade adjustment assistance, to counselor for St. Louis County and in [Rollcall Vote No. 140 Ex.] just operate as if there are not going to the St. Louis County’s Prosecuting At- YEAS—99 be any more trade agreements in the torney’s Office. He is a graduate of Akaka Gillibrand Mikulski United States. We used to be the leader Emory University and the Emory Alexander Graham Moran in world trade. School of Law. The American Bar As- Ayotte Grassley Murkowski My party does not occupy the White sociation Standing Committee on the Barrasso Hagan Murray Baucus Harkin Nelson (NE) House. I want the President of the Federal Judiciary unanimously rated Begich Hatch Nelson (FL) United States, whoever that is, to have Judge Ross ‘‘well qualified.’’ Bennet Heller Paul trade promotion authority because I Timothy M. Cain is nominated to be Blumenthal Hoeven Portman Blunt Hutchison Pryor would like to see us have an oppor- U.S. district judge of South Carolina. Boozman Inhofe Reed tunity to have trade agreements in the Judge Cain presently serves as a South Boxer Inouye Reid future. All of our competitors have Carolina Family Court judge in the Brown (MA) Isakson Risch taken advantage of the fact that we Tenth Judicial Circuit. The South Brown (OH) Johanns Roberts Burr Johnson (WI) Rockefeller have not had a trade agreement for Carolina General Assembly elected him Cantwell Johnson (SD) Rubio years. to that position in 2000 and reelected Cardin Kerry Sanders him in 2004 and 2010. In 2005 the chief Carper Kirk Schumer These three agreements were actu- justice of South Carolina’s Supreme Casey Klobuchar Sessions ally negotiated by the previous admin- Chambliss Kohl Shaheen istration. So if we would like for this Court appointed Judge Cain to serve as Coats Kyl Shelby the chief administrative judge for the Coburn Landrieu Snowe President or the next President—be- Family Court of the Tenth Judicial Cochran Lautenberg Stabenow cause this would extend TPA to the Collins Leahy Tester Circuit. By designation of the chief jus- end of 2013, so it will grant this author- Conrad Lee Thune ity to the next President, whoever that tice, Judge Cain also served as acting Coons Levin Toomey associate justice for the South Caro- Corker Lieberman Udall (CO) is, in addition to this President—if my lina Supreme Court on several occa- Cornyn Lugar Udall (NM) colleagues think we ought to have an- Crapo Manchin Vitter other trade agreement sometime in the sions. DeMint McCain Warner Prior to his judicial service, Judge Durbin McCaskill Webb future for the United States of Amer- Cain had a distinguished private prac- Enzi McConnell Whitehouse ica, I urge them to support my amend- Feinstein Menendez Wicker ment. tice in South Carolina. He maintained Franken Merkley Wyden a general practice and assisted in rep- The PRESIDING OFFICER. The Sen- resenting several local governments NOT VOTING—1 ator from Montana. Bingaman and municipal clients. During his years Mr. BAUCUS. Mr. President, I agree of private practice he also served the The nomination was confirmed. with much of what the minority leader public sector. Judge Cain served as a The PRESIDING OFFICER. Under said. I very much believe we should ne- part-time assistant public defender the previous order, the motion to re- gotiate free-trade agreements with with the Oconee Defender Corporation consider is considered made and laid on other countries. I think we are behind in that State. the table. the curve. Other countries are negoti- From 1988 to 1990 he served as assist- The President shall be immediately ating. We are being left behind. We ant solicitor general for the Solicitor’s notified of the Senate’s action. should negotiate agreements that are Office of the Tenth Judicial Circuit, f good agreements. where he represented South Carolina in prosecuting child abuse and neglect LEGISLATIVE SESSION The amendment offered by the Sen- cases and various criminal cases. ator from Kentucky, however, is the The PRESIDING OFFICER. The Sen- 2002 version. A lot has changed in the In 1992 the county supervisor ap- ate will now resume legislative session. pointed Judge Cain as county attorney last 10 years. There are environmental for that home county. f provisions, labor, and China is very much a competitor. I think it would be He is a graduate from the University EXTENDING THE GENERALIZED unwise to extend TPA because there of South Carolina and the University of SYSTEM OF PREFERENCES—Con- are changes in the world today that South Carolina School of Law. The tinued ABA Standing Committee on the Fed- this version does not reflect. It has to The PRESIDING OFFICER. The Sen- eral Judiciary unanimously rated be updated to the current times. ator from Montana. Judge Cain ‘‘qualified.’’ Second, if this amendment would Mr. BAUCUS. Mr. President, I ask I congratulate both nominees and pass, then we wouldn’t be getting free- unanimous consent that there be 2 yield the floor. trade agreements. The Speaker has minutes equally divided prior to the The PRESIDING OFFICER. Under made it very clear he wants a clean bill next vote. the previous order, Calendar No. 169 is and then he will take up TAA—this The PRESIDING OFFICER. Without confirmed. bill—which many of us support by a objection, it is so ordered. The PRESIDING OFFICER. Under large margin, and then he will take up The Republican leader. the previous order, the question is, Will the free-trade agreements. So if this the Senate advise and consent to the AMENDMENT NO. 626 body wants TAA and wants the FTAs, nomination of Timothy M. Cain, of Mr. MCCONNELL. Mr. President, my we have to vote against this amend- South Carolina, to be United States amendment on which we are about to ment at this time. vote would grant to the President District Judge for the District of South The PRESIDING OFFICER. The something no President has had since Carolina? question is on agreeing to amendment trade promotion authority expired Mr. LEAHY. I ask for the yeas and No. 626, as modified, offered by the Sen- nays. back in 2007. Without trade promotion ator from Kentucky, Mr. MCCONNELL. The PRESIDING OFFICER. Is there a authority, there will be no other trade sufficient second? There appears to be agreements. We all know that. If Amer- Mr. MCCONNELL. I ask for the yeas a sufficient second. ica wants to be the leader of the world and nays. The clerk will call the roll. in trade, we have to have trade agree- The PRESIDING OFFICER. Is there a The legislative clerk called the roll. ments. sufficient second? There appears to be Mr. DURBIN. I announce that the What I have done here is offered a sufficient second. Senator from New Mexico (Mr. BINGA- trade promotion authority—what we The clerk will call the roll. MAN) is necessarily absent. used to call fast-track—as an amend- The PRESIDING OFFICER. Are there ment to trade adjustment assistance. The bill clerk called the roll. any other Senators in the Chamber de- They have been historically linked The result was announced—yeas 45, siring to vote? going back to 1974. I think it is a big nays 55, as follows:

VerDate Mar 15 2010 05:34 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.060 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5764 CONGRESSIONAL RECORD — SENATE September 20, 2011 [Rollcall Vote No. 141 Leg.] So, Mr. President, I want you to peting in the global market with U.S. YEAS—45 know I appreciate the fact we are fi- products. Alexander Enzi McCain nally debating the merits of trade leg- I am not offering an amendment, as I Ayotte Grassley McConnell islation. have already said, to this GSP bill, not Barrasso Hatch Moran Most people agree that one way we because I do not think my position is Blunt Heller Murkowski good but because I want to see the Boozman Hoeven Portman can help our economy is by opening Brown (MA) Hutchison Pryor and expanding markets for American- pending trade agreements submitted Burr Inhofe Risch made products. I look forward to the and approved by the Congress. I am not Chambliss Isakson Roberts President, as I just said, sending us the interested in raising any barriers that Coats Johanns Rubio Coburn Johnson (WI) Sessions free-trade agreements. In the mean- make that task more difficult than the Cochran Kirk Shelby time, much of the discussion has cen- President has already made it. Corker Kyl Thune tered on the bill before us, the GSP and However, I will continue to push for Cornyn Lee Toomey the Trade Adjustment Assistance Pro- reform of GSP. I urge my colleagues to Crapo Lieberman Vitter take a close look at this program and DeMint Lugar Wicker gram. While it is important for us to have a consider the points I have raised in the NAYS—55 discussion on the merits of TAA, I do past and I am raising right now but not Akaka Graham Nelson (FL) not want my colleagues to overlook raising in the form of an amendment Baucus Hagan Paul the significance of the underlying bill. that ought to be offered at this time. Begich Harkin Reed I yield the floor. Bennet Inouye Reid This bill extends the general system of The PRESIDING OFFICER. The Sen- Bingaman Johnson (SD) Rockefeller preferences. This program provides Blumenthal Kerry ator from Louisiana. Sanders one-way—and I want to emphasize— Boxer Klobuchar Schumer f Brown (OH) Kohl Shaheen duty-free access to U.S. markets. So Cantwell Landrieu Snowe over a period of several decades, we MORNING BUSINESS Cardin Lautenberg Stabenow Carper Leahy have been awfully good to a lot of Ms. LANDRIEU. Mr. President, I ask Tester Casey Levin countries that we think we ought to unanimous consent that the Senate Udall (CO) Collins Manchin help and we have been helping. proceed to a period of morning busi- Conrad McCaskill Udall (NM) The basic principle, then, behind the Coons Menendez Warner ness, with Senators permitted to speak Durbin Merkley Webb GSP is to provide certain goods made for up to 10 minutes each. Feinstein Mikulski Whitehouse in developing countries with pref- The PRESIDING OFFICER. Without Franken Murray Wyden erential market access to the United objection, it is so ordered. Gillibrand Nelson (NE) States in the form of this duty-free sta- f The amendment (No. 626), as modi- tus. The intention is to help spur eco- fied, was rejected. nomic growth in developing nations. DISASTER RELIEF The PRESIDING OFFICER (Mr. BEN- I support the premise that we can Ms. LANDRIEU. Mr. President, I NET). On this vote, the yeas are 45, the help developing countries by pro- know the short debate we had, just in nays are 55. Under the previous order moting trade. But I can also tell you the last couple of hours, and the votes requiring 60 votes for the adoption of that our patience is getting very thin are important, about the Senate and this amendment, the amendment is re- with some of those countries, particu- the House figuring out a way as to how jected. larly when we see them not recipro- to move forward on some of the trade Mr. BAUCUS. Mr. President, I move cating in a way that they have the ca- agreements that are pending, and the to reconsider the vote. pability of reciprocating. Our trade re- appropriate ways to make sure Amer- Mr. GRASSLEY. I move to lay that lations, however, should increasingly ican workers are not left behind, that motion on the table. be based upon reciprocity by which they are actually helped and supported. The motion to lay on the table was other countries will provide the same And those issues are very important. agreed to. open access to U.S. exports. In other But I come to the floor today to talk The PRESIDING OFFICER. The Sen- words, as those countries become more again about another important issue ator from Iowa. developed, we need to require that they that is pending before the Congress Mr. GRASSLEY. Mr. President, I move toward operating on a level play- right now that is of extreme importance to millions and millions of Amer- wish to address the Senate for about 6 ing field with the United States. or 7 minutes on a trade issue that nor- Congress needs to take, then, a hard icans who are following this debate mally I would be offering an amend- look at GSP and scrutinize whether it through the viewing of the procedures here on the Senate floor and in the ment on. I am not going to offer an is helping accomplish the U.S. trade House, and also following on Twitter amendment during this debate because agenda. I think we would find some of and other Internet sites and opportuni- I think it is very important we move these countries coming up short. In an- ties on their local news and radio sta- forward with this legislation so, hope- other environment of discussing trade, tions about what we are doing on dis- fully, the President will stop moving I would be taking a different approach: aster relief. the goalposts and send to the Senate that we would send a clear signal to That is a good question because I Panama, Colombia, and South Korea. some of these countries of our impa- think—and many of the Senators, But the reason I address the issue of tience, and they are going to have to Democrats and Republicans, as well, on the general system of preferences is be- graduate off GSP. If other nations be- the Senate side; particularly 10 of my cause, quite frankly, I am sick and lieve they will always enjoy GSP, then colleagues from the other side who tired of a lot of nations—that may not what incentives do they have to open stood with us last week to say—it is be considered developed yet but ad- their markets to U.S. goods? That is time to fund the disasters in America vanced very rapidly in the last 20 why we ought to very much advance today. years—taking advantage of our GSP the system of graduating off GSP with We are questioning why the House of system. I do not mind them taking ad- some of those countries. Representatives is dragging its feet on vantage of our GSP system, but what There are nations that benefit from this important issue or why the leader- irritates me is a lot of times in WTO GSP that, quite frankly, have moved ship, the Republican leadership in the negotiations, they are the very same beyond what I consider to be devel- House would be even hesitating to fund countries that are finding fault with oping countries. I continue to question the ongoing needs of FEMA, the Corps the United States and Europe not giv- why we provide preferential treatment of Engineers, the Department of Hous- ing enough on agricultural issues, as at all to the products from countries ing and Urban Development through an example, at the very same time such as Brazil and India. These coun- community development block grant these countries have very high tariffs tries have at times worked against the funding and agricultural disaster relief, on our products getting into their trade interests of the United States, in- which is so important. country, when they get, under GSP, cluding resistance to reducing high tar- In disasters, sometimes the pictures their products into our country duty iffs on U.S. exports. Both of these are focused on cities or suburbs, and it free. countries have countless products com- is heartwrenching.

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.013 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5765 It is heartrending. tion, they want to basically say we will crunched or reviewed carefully enough. I will show you some of those pic- extend the Government of the United I have done the best review I can pos- tures now. This is Joplin, MO, earlier States to operate for 6 weeks at the sibly do, and I have every confidence this year. A third of the city was lit- current level of spending, and we will that the numbers I have presented to erally destroyed by a group of torna- agree that FEMA can operate for an- this Senate—about $6.9 billion—are as does that came through. Some of the other 6 weeks. accurate an assessment I have at my weather specialists said they had never If they don’t already know this, let fingertips to say what we are going to clocked winds of this speed and power me remind them that Governors, may- need in the next year. in the entire time they have been re- ors, and county commissioners who are At least I am dealing in reality. In cording this data. They said they be- struggling to rebuild communities what land do they live? This isn’t lieve some of the winds exceeded 300 after disasters such as this need a little about a year and a half ago; this is miles per hour. This is horrifying. more than 6 weeks to do planning. about now. Their number is wrong, For those of us who shudder at cat- They need a year or two sometimes to their approach is wrong, their approach egory 4 and 5 hurricanes which can actually come out of shock, to have is totally insignificant and inadequate, blow up to 150 miles an hour, the idea public meetings with people. and it is morally wrong. of 300-mile-an-hour winds is beyond our I have been through this and lived I will not even ask the clerk to do a comprehension. But that is what hap- through this. You have to organize beautiful job trying to type everything pened in Joplin, MO. community meetings neighborhood by we say—and sometimes it is hard to Then, here we have the Outer Banks neighborhood. Sometimes in a commu- keep up—because we don’t have every- of North Carolina. It is heartbreaking nity—let’s say in Joplin—I don’t know thing written down, and I am not even to see the water come up on barrier is- how many schools they had, but in our going to ask them to print this in the lands. We have many barrier islands case out of 147 public schools in New RECORD because it is really too long. I where people live safely. When the Orleans we had 100 that were damaged want to read a little bit from this. water rises, everybody doesn’t just beyond repair, uninhabitable. We could This is the whole list of projects that pick up and leave the island forever. not decide in 4 weeks what we were the Republican House leadership, with They use their engineering and might going to do. We had to take a long all their—I will say what it is; it is she- to come up with better technology. time, and we needed to know that the nanigans. These are the projects they They invest wisely. That is what we Federal funding would be there. This have stopped. We all know about big have to do to help these families. government acted—not as quickly as I cities such as New Orleans and Chicago These fires could be California, and it would have liked, but it acted under and New York. We hear about all these could also be Texas. Texas has had over the prior administration. big cities such as Denver and Bir- 20,000 wildfires this year, I understand. Finally, we got the long-term fund- mingham, AL, but we don’t hear about Here is a rural community. Some- ing commitments that our Governors cities like this so often. I will read times we see pictures of these urban and mayors needed—Democrats and some of them into the RECORD because areas and these coastal areas that Republicans alike—to lay down good these taxpayers deserve to have their make for great television, but we don’t and smart plans because they knew cities read into the RECORD. That is always see farm communities under- what they could count on. Why the where these projects are going on that water. This is what happened around House doesn’t want to do that, I don’t the Republican leadership in the House our country. Why the Republican know. says they don’t really need the money House leadership says that now is the Second, I have heard criticism of the now and they can wait. These have all time to try to find offsets for these dis- Senate approach, which I am proud to been put on hold. asters—had we insisted on that for the lead. They say things in the press such Here is a town I have never been to, Katrina and Rita recoveries, the gulf as: Well, the Senate just picked a num- Crooked Creek, AL. There is a public coast would still be devastated. But ber out of the air. building there—a vehicle maintenance year after year as a country, when our Let me be very clear. We picked no shop—that is on hold. Here are Flor- people have been harmed by natural number out of the air. The clerks of ence, AL, and Lipscomb, AL, and Ever- disasters this National Government the Appropriations Committees, who green, AL. There are five pages for lit- has come together and said: Yes, we as are steeped and knowledgeable about tle towns in Arkansas that maybe a nation, the United States of Amer- what these agencies need now and what don’t make the front page of the New ica—we are not a divided nation—is they may need in the years ahead, met York Times or the Washington Post, going to come to help our brothers and and crunched the numbers. Senator but they are important communities. sisters who need help. REID looked at those numbers, took They are important to our country. Why is this different? The House Re- them down a bit to try to accommo- Here is Herbert Springs. I have never publican leadership can’t run fast date the anxiety on the other side of heard of it, but I am sure it is a lovely enough to spend money and send the aisle about spending too much place to live. They have several money to Iraq and Afghanistan to re- money, and came up with a rational, projects that have been held up. build those communities and those cit- reasonable number for FEMA, for agri- I could go on and on through every ies. Yet when our own people from cultural relief, and for community de- State in our country—small towns and these communities ask for help, they velopment block grants. I think under counties that have been devastated— want to now throw up the smokescreen the circumstances that is about the roads, bridges, public buildings, and that we have to find an offset. best we could do. water-sewer control facilities. Let me give two good reasons: One, Do you know what the House of Rep- Again, I think people at home are we are eventually going to have to pay resentatives did, which makes no sense looking at and reviewing this debate for everything the Federal Government whatsoever? I hope some of the print and saying: Let me get this straight. shells out. We are going to have to find press are listening to this so they Speaker BOEHNER and Majority Leader the money to pay for it. But we don’t might write this in the newspapers to- CANTOR rush to fund rebuilding in Iraq have to find it this week. We don’t morrow. They took last year’s number. and Afghanistan and didn’t require off- have to find it next month. We can de- These disasters are happening now. sets when we went into war and this rebate that as the process of legislation They took the number that was in the building effort. But now we have to de- goes on. We can say yes to full funding bill before the disasters happened and bate for weeks and months over finding for disasters now, not an inadequate plugged that in, like they are doing proper offsets to rebuild here? amount of money, which is what the something good for the country, and I hope people will let their voices be House wants to do. basically said: Take 6 weeks of it, and heard in the next couple of days. It is Let me tell you how ridiculous the then we are out of here. We are going very important. House position is. Not only do they home for the week. We had a very important vote on the want to partially fund FEMA and basi- I don’t take kindly to any kind of floor of the Senate last week. We don’t cally fund it for only 6 weeks, which is criticism that the Landrieu numbers or often have bipartisan cooperation. I the extension of the continuing resolu- the Senate numbers might not be thanked by name the 10 Republican

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.063 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5766 CONGRESSIONAL RECORD — SENATE September 20, 2011 Senators who helped on this effort be- explaining that to your constituents. I four in 1 year. It was devastating to the cause they said: Party politics is im- could not explain it to mine and re- State of Florida. portant, and sometimes party politics main a Senator from Louisiana. Does anyone think it would be the dictates the way that I should look and This is an example of what some of right thing to do to get the Governor of vote and feel, but not on this because my coastal levees look like. the State of Florida, the Senators of this is disaster aid that is either going The other thing we have to battle— the State of Florida, the entire con- to my State—or, potentially, in Sen- but this is a battle for another day—is gressional delegation of the State of ator RUBIO’s case, who knows what dis- when the levees break up like this—and Florida and every accountant working asters are like in Florida. He said: It this is the coastal barrier—the Corps of for every county to come up to Wash- could happen, Senator LANDRIEU, and if Engineers is actually prohibited from ington and go through the Federal it happens in Florida, I certainly want building them better. We have had so- budget to find where they can cut, to come back and ask the Nation to lutions for this. We are going to try to right there, that week, while the winds help and not have to be engaged in a get that changed. But this is a con- have just died down? Would we have to debate in finding an offset. I would stant battle and a big issue not just for get the Florida accountants to come up rather work with my mayors and coun- the State of Louisiana but for the gulf here to find an offset so we could send ty commissioners to find a way to re- coast, the eastern seaboard, and the the help to Florida? That argument is ludicrous on its build. west coast as well. So we will continue I have embellished a little bit of the to work in that regard. face. I wouldn’t want Senator RUBIO worrying about that. I wouldn’t want conversation, but I know that is what Mr. President, I ask unanimous con- Senator NELSON worrying about that. I was on his mind. He said: I can’t think sent to speak for an additional 5 min- would want them comforting their peo- of what Florida would do. utes. I don’t see anyone else on the ple. That is what I would want to see Senator VITTER from Louisiana, who floor wishing to speak. them do because I had to do an awful has been shoulder to shoulder with me The PRESIDING OFFICER. Without lot of that. And I am sure they would in helping with our disaster recovery— objection, it is so ordered. do it naturally. I would want them we have pages. Jefferson Parish called Ms. LANDRIEU. Let me show what going shelter to shelter and telling peo- me the other day—a Republican mayor some of the Republican leaders who are ple it is going to be OK. I would want of Jefferson Parish—and said he has not in the House of Representatives are saying. And we should listen to them them visiting with businesspeople, $100 million in help for Jefferson Parish pleading with them not to pick up stopped up because of this unnecessary because this is from the Governor of New Jersey, Governor Christie, a lead- stakes now but to invest in Florida be- debate. cause it can be a good place to come We have the two Senators from er in the Republican Party, a conservative leader of the Republican Party. back to. I would want them saving Maine, Ms. COLLINS and Ms. SNOWE, their universities and working on that No one would accuse him of not being who most certainly felt the effects of as well. The last thing they would need a strong voice for conservative philos- Hurricane Irene up the east coast. We to be doing—and their staff—would be ophy. He said: Now is not the time, la- also had Senator TOOMEY from Penn- taking out a pencil and putting on dies and gentlemen in Congress, to sylvania whose State also received their green eyeshades and going record amounts of flooding. We had argue for weeks and weeks or months through the Federal budget to see Senator BLUNT from Missouri—the peo- and months about finding offsets for where we could eliminate this from ple of Missouri not only are desperate these disasters. Let’s fund them. Let’s Colorado, with no time for hearings or for FEMA money, they need agricul- fund them robustly. These are job-cre- oversight because we have to act now. tural help immediately, community de- ation opportunities for our commu- Let’s just cut out all these programs. velopment block grant funding, and nities. It is about smart planning and That is hogwash. It is ludicrous on they need Corps of Engineers funding. being a reliable partner with the State its face. It is not the way a government Is there Corps of Engineers funding in of New Jersey and my counties. He should be run. It is not about conserv- the House approach? Zero. Zero for the said: Let’s get about the business. atives or liberals; it is truly just stu- Corps of Engineers. In fact, he specifically said: pidity. It makes me so angry that any- If you are representing a community You want to figure out budget cuts, that’s one would suggest this. that has had flooding because your fine. You expect the citizens of my State to So, again, let’s send the help now. We levee failed or you don’t have a levee wait? They’re not going to wait, and I’m can find a way to pay for this. We are and you need one or because your run- going to fight to make sure that they do not. Our people are suffering now and they need finding a way to pay for Katrina now. off or streams were not regulated ap- support now. We need support now here in We do it through the ordinary budget propriately, you most certainly don’t New Jersey, and that is not a Republican or process. We are finding a way to reduce need to call Craig Fugate. You need to a Democratic issue. the deficit substantially. That is what call the Corps of Engineers. They are I just got off the phone with Gov- the committee of 12 is about. That is going to tell you they are out of ernor Christie within the hour, and this what all our debates are about. That is money. We have grossly underfunded is still his position. He said he is not what the appropriations process is the Corps, in my view, in capital backing down, and he is going to con- about. But not now. projects year after year. And, frankly, tinue to give voice to this issue. I wish Tom Ridge. If you don’t think the both Republican and Democratic Presi- the Republican leaders in the House Governor of Virginia is an expert on dents have been guilty of underfunding would listen to him. this or the Governor of New Jersey— the Corps of Engineers and their budg- We have had Republican leaders in though I think they are pretty strong ets because in the old days, when we the Senate—I named about six of public figures—how about the first Sec- could earmark, we would add back them—and I want to compliment the retary of the department that oversees money to the Corps. But those days are others later on when I get back to that disaster response, Tom Ridge himself? over, A, because we are not earmarking point. Here is what Tom Ridge said last week and, B, because we are on tight con- This is what Gov. Bob McDonnell of when this debate started: straints. Virginia said: Never in the history of the country have we worried about budget around emergency The Corps of Engineers has no emer- My concern is that we help people in need. appropriations for natural disasters. And gency funding. If you are interested in For the FEMA money that’s going to flow, frankly, in my view, we shouldn’t be worried protecting your communities and lev- it’s up to them on how they get it. I don’t about it now. We’re all in this as a country. ees and flood control, and you vote think it’s the time to get into that deficit And when Mother Nature devastates a com- against the Senate position, you are debate. munity, we may need emergency appropria- going to have a lot of explaining to do I want people to think about this. tions and we ought to just deal with it and because even when you go home and Let’s say we have another hurricane then deal with the fiscal issues later on. pound your chest and say: I voted for season like we had—I believe it was Thank you. That is exactly what we the House number that was last year’s right before Hurricane Katrina. I be- should be doing. number, there is no money there for lieve it was in 2004 that we had four So, Mr. President, I have tried, as the the Corps of Engineers. So good luck hurricanes hit the State of Florida— leader of this committee, not to make

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.063 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5767 this a Democratic or Republican issue. really didn’t vote to help them. You vote No. 139, a vote on the motion to I have asked and succeeded in getting voted for some philosophy that is hard invoke cloture on the motion to pro- 10 of my Republican colleagues to join for even some in your party to under- ceed to consider H.R. 2832, a bill to ex- the effort. So this isn’t trying to make stand, but you did not vote to help tend the Generalized System of Pref- one party look good or one party look your constituents. erences, and for other purposes. Had I bad. All we want to do is help disaster One final point. People on the other been present, I would have voted yea to victims and help the Governors and the side will say: Well, I voted for this $2.65 the motion to invoke cloture. mayors and the county commissioners billion, and I know it is not a real num- f who, right now, believe me, are just ber, but it is sort of enough to get ev- RECOGNIZING SOUTHEAST KEN- pulling their hair out. They have very erybody through, and then we will pass TUCKY COMMUNITY AND TECH- limited tools. They are not sure what the regular appropriations. Mr. Presi- NICAL COLLEGE they can do. dent, I have heard that as well. And People are angry, they are dev- then when the regular appropriations Mr. MCCONNELL. Mr. President, I astated, and they are shocked. Fami- bills come, this money can be tucked rise today to recognize one of Ken- lies are having to bunch in and live to- into these bills and help will be on the tucky’s most successful educational in- gether. Some people are still in shel- way, they will say. stitutions, Southeast Kentucky Com- ters. I have been through this night- Well, I want to say again that 1994 munity and Technical College, SKCTC. mare. I know what they are going was the last time this Congress passed Beginning last year, SKCTC celebrated through. And then they have to hear all 13 appropriations bills on time and its 50th anniversary of providing higher from Washington that the ERIC CANTOR got them to the President’s desk. So education in southeastern Kentucky crowd decided now is the time for us— that is wishful thinking. That is not across five full-service campuses. To even though for 50 years we have been going to happen this year, no matter commemorate the event, SKCTC’s doing emergency funding—to figure out how hard we try, because it hasn’t hap- Pineville campus held an open house where to get offsets before we can send pened since 1994. for over 500 high school students from them help. This is no way to run a rail- So don’t think you can fool your peo- the area. To highlight the school’s suc- road, and it is no way to fund disaster ple and say: Well, I voted for this, but cess over the years, President Dr. W. assistance. we are going to help you through the Bruce Ayers gave a presentation of As I said earlier, this color is too appropriations process. I am on the Ap- SKCTC’s history to all who attended. pleasant—this green on this map—to propriations Committee. We have had a SKCTC’s Pineville campus was origi- really reflect what this map shows. very difficult time because of all sorts nally launched in the early 1960s as a These are all the States in the Nation of reasons in getting our process back nursing school. Over the years, the that are experiencing disasters this on track. We are supposed to be fin- school expanded its buildings and cur- year. For the first time in a very long ished with all of our bills in November. riculum and has become the main loca- time—maybe in our history—we have It is already the end of September, and tion for many of SKCTC’s medical pro- had Presidential disasters declared in we still don’t have all our bills out of grams. The campus is home to about 50 per- all but two States. They are different committee. And even if the House has cent of the school’s allied health stu- kinds of disasters—some fire, some their bills out of committee, getting those numbers reconciled between the dents, who are enrolled in programs floods, some earthquakes—but none- such as respiratory therapy, radiologic theless devastating to the communities House and the Senate sometimes takes months. Sometimes, Mr. President, as technology, surgical technology, clin- trying to rebuild. So this isn’t a Texas you know, we never get to it and we ical lab technology, or one of several or Louisiana or just a west coast issue, just do a continuing resolution. So nursing programs to become a licensed this is an entire nation that is waiting there is not enough appropriations in practical nurse or a registered nurse. for Congress to act and to send not just the regular bills. As a whole, SKCTC holds a remarkably FEMA money but FEMA, the Corps of So for all the reasons I spoke of—and high pass rate on licensing exams for Engineers, Agriculture, and commu- I will end where I started—let’s fund graduated students—some of the med- nity development block grant funding. disasters now. Let’s fund the help to ical programs maintain a pass rate of For the life of me, I cannot understand our people now. We are going to be here 100 percent. As a result, the majority of why we are having this debate at all. until Friday—potentially our leader- SKCTC students leave the school with Just to recap, here is the list. And I ship will keep us in until we get this a medical license of some kind. will not ask that it be submitted for resolved. But the Senate has made a The people of southeastern Kentucky the record because it is too long and great bipartisan effort, with Senators are privileged to have such a reputable comprehensive. It is very fine print of such as Senator BLUNT and Senator institution that continues to provide project after project that has now been TOOMEY and Senator VITTER and the future generations of Kentuckians with stopped—stopped—because FEMA is Senators from Maine and other Sen- a quality education year after year. To operating on fumes. They are virtually ators from the other side who have help celebrate this landmark occasion, out of money. joined this effort. Mr. President, I ask unanimous con- Now, yes, the new fiscal year for the I am asking the House: Please recon- sent that an article describing the an- Federal Government starts next week, sider your position. Please fund disas- niversary celebration at SKCTC—Pine- but, remember, the House of Rep- ters now. We will figure out the way to ville be printed in the RECORD. resentatives only offered 6 weeks of pay for this over time. We have already There being no objection, the mate- help based on last year’s reality. They made provision for this in the negotia- rial was ordered to be printed in the are not even taking into account what tions that were done a month ago be- RECORD, as follows: actually happened. They are just say- tween the Republican and House lead- [From the Middlesboro Daily News, Mar. 22, ing: Well, we budgeted $2.65 billion last ers. Our people are depending on us to 2011] year; that must be good enough for this act. SKCTC ANNIVERSARY CELEBRATED AT next year—not taking into account any Mr. President, again I urge my col- PINEVILLE CAMPUS of the realities of what I have just leagues in the House, please reconsider (By Lorie Settles) talked about. And by the way, you can your position. Join the bipartisan work PINEVILLE.—The fiftieth anniversary of have basically a 6-week rate—no underway in the Senate to get this job Southeast Kentucky Community and Tech- money for the Corps of Engineers, no done for the people we represent and nical College (SKCTC) was commemorated at money for Agriculture. the people of our country who are truly the Pineville campus on Friday with an open Please, if you hear one thing—any of house for area high-school students. desperate for us to act right now. Members of the faculty and staff of SKCTC the Members of the House who are con- Mr. President, I yield the floor. sidering voting for this—please don’t Pineville welcomed nearly 500 teens on f Thursday and Friday, reported Kim Ayers, try to go home and explain this to your VOTE EXPLANATION the college’s recruiter. The guests hailed constituents because hopefully they from high schools including Jellico, Harlan will be smart enough by listening to Mr. MENENDEZ. Mr. President, I Independent, Cumberland Gap, and Knox this debate and understanding that you was unavoidably detained for rollcall Central.

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.064 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5768 CONGRESSIONAL RECORD — SENATE September 20, 2011 Students enjoyed guided tours of the cam- Chairman of the Joint Chiefs of Staff, proud graduate in 1968. Upon gradua- pus on Thursday and Friday, and were pre- about the Don’t Ask, Don’t Tell policy. tion, then Ensign Mullen reported sented with facts and demonstrations about That was the first, but not the last, aboard the USS Collett, deploying to the programs available at the Pineville Cam- time that Admiral Mullen coura- the Western Pacific and participating pus. ‘‘We are delighted to be able to celebrate geously testified in front of the Senate in combat operations off the coast of the fiftieth anniversary on the Pineville Armed Services Committee about the Vietnam. Eventually, his career at sea Campus and we are equally delighted to have need to debate and evaluate the DADT would include serving aboard six other so many folks visit us,’’ said Dr. W. Bruce policy. warships, including command of three, Ayers, President of SKCTC. ‘‘This campus It seemed to me then—as it does as well as command of the George has meant so much to the area and so much now—that our Nation should not refuse Washington Carrier Strike Group and to the college for a number of years.’’ the service of patriots who willingly U.S. Second Fleet. The southeast division of the University of answer the call to arms, simply on the He supplemented his systems engi- Kentucky was launched in 1960, and has been an important facet of the Bell County com- basis of their sexual orientation. If in- neering degree from Annapolis with a munity since the birth of the Pineville and dividuals are willing to put on the uni- master of science degree in operations Middlesboro branches of the college. form of our country, to be deployed in research from the Naval Postgraduate At the open house, Dr. Ayers shared some war zones like Iraq and Afghanistan, to School in Monterey, CA, and a business of the history of the institution. The Pine- risk their lives for the benefit of their degree from the advanced management ville campus, he explained, joined the fellow citizens, then we should be ex- program at Harvard. SKCTC family in 1998, but had been in the pressing our gratitude to them, not Ashore, he similarly distinguished area for some time. trying to exclude them from serving or himself with tours at the U.S. Naval ‘‘This particular campus actually began as Academy, the Bureau of Naval Per- an LPN nursing school down in Pineville, expelling them from the military. and moved here after they were flooded out Since 1993, more than 13,000 men and sonnel, the staff of the Chief of Naval in the 1970s. They moved up here, got a new women have been dismissed from serv- Operations as well as in the Office of building and expanded the curriculum. ice and countless more have been the Secretary of Defense. They’ve been doing a splendid job here in al- barred from serving. Society has With an already exemplary career of lied health since that time,’’ said Dr. Ayers. changed a great deal in the last 18 service at sea and ashore, Admiral Although the building situated on Log years since President Clinton signed Mullen became the Navy’s 32nd Vice Mountain is relatively small compared with the ‘‘Don’t Ask, Don’t Tell’’ law, and I Chief of Naval Operations in 2003. Dur- many other campuses, it is able to house a ing the first half of 2005, he served as number of programs in the medical field. am proud Congress took the lead to re- Each year, students begin programs in Res- peal the law. Commander of NATO’s Joint Force piratory Therapy, Radiologic Technology, I thank the LGBT community for Command Naples and Commander, U.S. Surgical Technology, Clinical Lab Tech- their outreach and support of this ef- Naval Forces Europe, leading the Alli- nology, or enroll in a nursing program to be- fort. I especially was honored by the ance’s peacekeeping operations in the come a Licensed Practical Nurse or Reg- number of servicemembers both active Balkans and its critical training mis- istered Nurse. duty and retired who have thanked me sion in Iraq. The Pineville campus is a vital part of the for this effort, or who have shared their In July of 2005, he became the top SKCTC family, serving as a main location personal story of how the law was af- uniformed leader in the Navy as the for many medical programs. 28th Chief of Naval Operations. With ‘‘We train probably about 50 percent of our fecting their lives. I recently received allied health students for the entire college one of those stories on a postcard with the Nation fighting two wars, he here,’’ remarked Dr. Ayers of SKCTC Pine- a stamp from overseas that was signed oversaw the service’s efforts to man, ville. ‘‘An Army Soldier.’’ I would like to train, and equip our Navy to fulfill its The majority of those students leave the have his message printed in the traditional missions at sea. Facing in- school with a medical license. Ayers re- RECORD because his words represent novative and nontraditional enemies, ported that the campus boasts ‘‘remarkably the sentiment of so many other brave Admiral Mullen conceived and cham- high pass rates’’ on licensing exams, and men and women of our fighting forces. pioned the Navy’s vital contribution to that several programs maintain a pass rate the fight on the ground in Iraq and Af- of 100 percent. His postcard says this: Those numbers serve as proof, he says, that Dear Senator Collins, I will still be de- ghanistan. students in the area are as bright and capa- ployed in Afghanistan on 20 September when Dedicated to keeping the sea lanes ble of success as students anywhere in the [Don’t Ask, Don’t Tell] is finally repealed. It free, deterring aggression, and main- country. will take a huge burden off my shoulders—a taining our Nation’s maritime superi- SKCTC’s anniversary was celebrated in combat zone is stressful enough on its ority, he also led efforts to stabilize Middlesboro in December. own...I will repay your courage with con- the Navy’s shipbuilding program to f tinued professionalism. support a 313-ship fleet. With a spirit of service such as this, On October 1, 2007, Admiral Mullen REPEAL OF DON’T ASK, DON’T is there any doubt we should be wel- assumed duties as the 17th Chairman of TELL coming this warrior into our military? the Joint Chiefs of Staff. Facing a myr- Ms. COLLINS. Mr. President, I rise I want to thank this anonymous sol- iad of challenges, and with ongoing today to recognize the repeal of the dier for taking the time to share this conflicts in both Iraq and Afghanistan, Don’t Ask, Don’t Tell law. Today important message with me and with he worked tirelessly with our Nation’s marks the end of the 60-day waiting pe- my colleagues. Because of soldiers like leadership to oversee multiple, sus- riod following notification to Congress him, our country remains strong and tained joint military operations. Admi- that the necessary certifications were our military united in a common cause ral Mullen’s efforts played a vital role made by the President, the Secretary with the freedom of individual expres- in disrupting terrorist networks, proof Defense, and the Chairman of the sion guaranteed by the liberties they viding humanitarian assistance at Joint Chiefs of Staff regarding this fight to preserve. home and abroad, and improving the change in policy. I am pleased that this f security and stability in Iraq. discriminatory law was relegated to Recognizing the danger of an Allied the past early this morning at mid- TRIBUTE TO ADMIRAL MIKE failure in Afghanistan, he became an night. MULLEN early and vocal proponent of I am proud to have played a role in Mr. GRAHAM. Mr. President, today I resourcing the war by expanding coun- this repeal, and I thank my colleague wish to pay tribute to Mike Mullen terinsurgency capabilities and fos- Senator LIEBERMAN who, when pros- who is retiring as the 17th Chairman of tering closer ties with strategically pects seemed most dire, worked with the Joint Chiefs of Staff after more vital Pakistan. me to develop a strategy to pass a than 43 years of distinguished service Never forgetting that those who re- stand-alone version of the bill that ul- to our country. turn from war often continue to bear timately resulted in repeal of DADT. Admiral Mullen began his rise in the scars—both seen and unseen—Admiral It was almost 4 years ago when I first Navy as a midshipman at the U.S. Mullen and his wife Deborah passion- asked ADM Michael Mullen, then Naval Academy, where he became a ately represented the interests of the

VerDate Mar 15 2010 05:34 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.034 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5769 men and women returning from the commitment to rowing and the youth were two sides to every story. He was a battlefield. He initiated an unprece- of the world. Democrat but was always more inter- dented nationwide dialogue to advance Bill Engeman has given tremen- ested in the merits of a debate rather awareness and support for the many dously to the Cincinnati area and the than partisanship. He believed most of issues facing our warriors, veterans, sport of rowing over the years, and all in moving his community, State, and their families. thousands of area residents have bene- and Nation in a positive direction. We Many have recognized Admiral fited from his legacy. Bill will be hon- could certainly use more people like Mullen’s dedication to service with a ored for his efforts on Tuesday, Sep- Mr. Henry. wide range of awards and decorations. tember 27, 2011. I would like to join Above all else, Mr. Henry was de- But I know first hand that his truest with his many friends in congratu- voted to his family his sons, Glen and reward is the satisfaction he must feel lating Bill and thanking him for all he his wife Marilyn and Gary and his wife for a lifetime of service to a country he has done. While he may be moving to Pam, along with his grandchildren, so deeply loves. Admiral Mullen’s com- another city, he will always be consid- Representative Gary Smith, Jr. and his mitment to the Americans who have ered the father of rowing in Cincinnati. wife Katherine, Rebecca Smith Tassin given so much will endure well beyond f and her husband Justin, and Madison his days in uniform. Elizabeth Smith-just as they were to I will add that Admiral Mullen’s leg- REMEMBERING HENRY SMITH, JR. him and each other. The Smith family acy will continue in another way after Ms. LANDRIEU. Mr. President, I rise is one of the most loving families I retirement. He and Deborah continue today to ask my colleagues to join me have ever known. Mr. Henry worked to proudly support their sons, John and in honoring the life of Mr. Henry joyfully with his two sons Glen and Michael, as they pursue their own uni- Smith, Jr. The people of Louisiana lost Gary every day for more than 40 years. formed service in support of the world’s a giant of a man when Henry A. ‘‘Bust- Never have I seen two sons more de- greatest Navy. er’’ Smith, Jr. passed away on Friday, voted to their father. The U.S. Navy and our military will September 9, 2011, at age 82 after a Today I ask my colleagues to join me never forget the service of Mike lengthy illness. along with Mr. Henry’s family in hon- Mullen, one of its most respected and Born in St. Charles Parish and raised oring and celebrating the life of this valued leaders, who took the helm dur- in an area outside of New Orleans most extraordinary son of Louisiana. ing a dynamic and uncertain time in known as the River Parishes, Mr. f our Nation’s history. And none of us Henry, as we affectionately knew him, ADDITIONAL STATEMENTS will ever forget how he led—with hu- was a confident and self-made man who mility, a selfless devotion to others, had an optimistic outlook on life that and integrity. would lift you when you were in his TRIBUTE TO DAN FLOWERS Please join me in recognizing and presence. He, and others like him, ∑ Mr. BOOZMAN. Mr. President, today commending ADM Mike Mullen for a helped build this Nation. I wish to recognize the life and career lifetime of service to his country and Mr. Henry was a product of the River of Dan Flowers, who is retiring as di- to wish him the best in his retirement. Parishes whose people draw their rector of the Arkansas Highway and May God bless Mike and Deborah, and strength and sustenance from the Mis- Transportation Department after a their family, for all they have given sissippi River, and whose ingenuity and lifetime of service and dedication to and continue to give our country. We hard work built the incredible indus- the State. remain in their debt. trial complex along the river that fuels Dan Flowers began his career with f so much of our Nation’s energy and the Arkansas Highway and Transpor- commerce. He was the guiding force in tation Department more than 40 years TRIBUTE TO BILL ENGEMAN the development of what became the ago after spending his summers in col- Mr. PORTMAN. Mr. President, I rise Magnolia Companies, a multicompany lege as an employee in the departments today to recognize Cincinnati resident conglomerate in the fields of construc- Resident Engineer Office in his home- Bill Engeman, who has made countless tion, housing, material sales, real es- town of Batesville. He held this posi- contributions to the sport of rowing tate, finance, disaster recovery and tion for 4 years until he graduated in over the past 30 years. Bill will be leav- consulting. He traveled the world in 1969 from the University of Arkansas at ing Cincinnati later this year for Lan- order to help people recover from disas- Fayetteville with a bachelor of science caster, OH, and I would like to thank ters on six continents, but always re- degree in civil engineering. Enjoying Bill for his years of selfless efforts to turned home to Louisiana and his be- his time with the department, Dan encourage the sport of rowing. loved River Parishes. Mr. Henry as- went on to complete the engineering Since the early 1980s, Bill has been a sisted with securing the futures for orientation program and was assigned leader in advancing rowing in south- hundreds of families by creating oppor- as a planning engineer in the Planning west Ohio. In the fall of 1981, Bill tunities for meaningful and rewarding & Research Division. He has worked in helped found the University of Cin- work for them to pursue. a total of eight other engineering and cinnati Rowing Team. Bill also has Mr. Henry was a champion for his management positions within the De- helped develop many rowing programs community and the surrounding re- partment before being promoted to di- and build many boathouses at East gion. He supported numerous charities, rector in 1994. Fork State Park and along the Ohio churches and schools in and around the Dan Flowers has had many achieve- River. He also worked to bring the New Orleans area, including the Ursu- ments during his career as the director, Men’s and Women’s National Colle- line Academy, Sacred Heart Catholic and in announcing his retirement to giate championship to the region mul- Church, First Baptist Church of Norco, his staff he was quick to point out the tiple times in the 1980s and 1990s. Bill and the Mahalia Jackson Early Child- collaborative effort ‘‘we plan, we build, was inducted into the National Rowing hood Development Center. He was a we maintain, and we manage—but the Hall of Fame in 1998. leader who was sincere and steadfast in key word in all of that is WE.’’ In 2008, I had the opportunity to work his drive to help others. He truly be- Perhaps one of Dan’s greatest accom- with Bill to construct the Matt Maupin lieved in the spirit and generosity of plishments was the 1999 interstate re- Memorial Pavilion at East Fork State mankind and thought that everyone pair program and one that he says was Park, named in honor of a local high deserved a chance. the most interesting. The 5-year, $1 bil- school rower and brave soldier who was He was very passionate about politics lion repair program overhauled the Ar- killed in the line of duty in Iraq. Over and immersed himself in supporting kansas interstate system which in- the last 3 years Bill has worked to help candidates for local, State, and Federal cluded 54 projects and more than 350 rebuild the national rowing program in office. I was fortunate enough to have miles of interstate. Dan has truly Iraq and assist in its journey to qualify Mr. Henry’s support and counsel helped make Arkansas roads safer and young athletes for the London Olym- through my years in politics. Even his work has touched countless lives. pics in 2012. This latest project is hav- though Mr. Henry was opinionated, he Not only was he active in transpor- ing a global impact and illustrates his always said that no matter what, there tation on a regional level but also

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.014 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5770 CONGRESSIONAL RECORD — SENATE September 20, 2011 highly active on a national level. As a wide array of organizations, projects, ethic and passion extends into every- new member on the House Transpor- and endeavors—including Angel View thing Margaret does. tation and Infrastructure Committee I Crippled Children’s Foundation, Palm Margaret’s service to the South Da- quickly learned how well respected Dan Springs Stroke Recovery Center, kota Stockgrowers Association spans was not only in Arkansas but across Desert AIDS Project, Palm Springs many years and has had a significant the country as witnesses would tell me International Film Festival, Palm impact on the association and its mem- of their appreciation for his work. He Springs Art Museum, McCallum The- bers. I have always valued Margaret’s has served on numerous organizations atre, Fashion Week El Paseo, and De- insight and input on a number of issues from president of the Southeastern As- cember Festival of Lights parade. She impacting agriculture. She has offered sociation of State Highway & Trans- also gave unstintingly of her creativity a very important voice on behalf of portation Officials and the American and time—using her Rolodex and her South Dakota Stockgrowers and agri- Association of State Highway and home to groom a new generation of culture producers over the years and Transportation to chairman of the philanthropists and to organize distinc- her knowledge, expertise and advice American Associations Special Com- tive red-carpet events that raised mil- have helped guide me and my staff mittee on International Activities Co- lions for charity. when it comes to general agriculture, ordination, and prior to being president In recognition of Mrs. Houston’s pro- farm and ranch, and trade policy. Her Dan served as chairman of the Associa- found influence on the Coachella Val- work helped us to finally get a coun- tions Subcommittee on Design, Stand- ley and the inspirational legacy she try-of-origin labeling law in place in ing Committee on Highways, and as leaves for the community, the city of the 2008 farm bill and she helped to lay the associations vice-president. Palm Springs will name the new main the groundwork for the livestock com- Dan has also earned many accolades entry plaza of the Palm Springs Con- petition rule currently pending with for his work. In 2001, the Arkansas vention Center in her honor. USDA’s Grain Inspection, Packers, and Chapter of the Associated General Con- On a more personal note, it was an Stockyards Administration, GIPSA. tractors presented Flowers with its honor for me to have known Jackie. In addition to the valuable input and most prestigious award, the Skill, In- She and her husband founded an ex- guidance she has given me over the tegrity, and Responsibility Award, traordinary food bank called FIND, years, she also served as an effective SIR, for his outstanding contributions which is run by Jackie’s daughter-in- and well-liked leader of the to the industry, and in 2004 the Univer- law, Lisa Houston. I was honored to Stockgrowers Association. As just one sity of Arkansas Department of Civil visit FIND with Jackie and Jim at testament to Margaret’s leadership, Engineering dedicated the Dan Flowers FIND’s original Cathedral City loca- Larry Nelson, past president of the or- Education and Training Facility. tion in 2009 and again in 2010 at its new ganization, has this to say about her: Dan has displayed dedication, perse- home in Indio. I saw her great pride in ‘‘Margaret has been an asset to the verance, and commitment to excel- this particular project which helps so South Dakota Stockgrowers Associa- lence. I appreciate his friendship and many survive, particularly in this tion as our Executive Director. Her am grateful for his years of service and tough economy. strong work ethic and her commitment efforts devoted to the State of Arkan- I extend my heartfelt condolences to to the independent, family-owned sas.∑ the family and friends of Mrs. Houston. ranches of South Dakota have shown f She will be sorely missed by so many, through her work. I am grateful for her including me.∑ dedication to advancing the policies of REMEMBERING JACKIE LEE the South Dakota Stockgrowers Asso- HOUSTON f ciation and her work to promote our TRIBUTE TO MARGARET ∑ Mrs. BOXER. Mr. President, I ask my livestock industry.’’ colleagues to join me in reflecting on NACHTIGALL Margaret’s life work on issues that the life, accomplishments, and service ∑ Mr. JOHNSON of South Dakota. Mr. concern cattle producers and their op- of the late Jackie Lee Houston—a President, today I wish to recognize erations has been done because of an prominent businesswoman and philan- and honor the service of Mrs. Margaret intense love for the ranching industry. thropist in the Coachella Valley. She Edna Nachtigall upon her retirement It is because of the work of people like passed away on September 14, 2011. as executive director of the South Da- Margaret that the cattle and ranching Jackie Lee Houston was born and kota Stockgrowers Association. industry continues to thrive and main- raised in Seattle, WA. She began mod- Margaret was born on May 18, 1937, to tain its crucial role throughout South eling as a pre-teen and continued to do parents Leslie and Edna Coates, in Dakota. I am proud to recognize and so through graduation from the Uni- Edgemont, SD. She grew up and spent honor Margaret’s retirement from the versity of Washington, from which she her childhood on the family ranch near South Dakota Stockgrowers Associa- earned a degree in economics and fash- Burdock, SD, which instilled in her a tion, and am delighted to join with her ion design in 1956. Her modeling led to strong work ethic and a love of ani- family and friends in congratulating a television career as Seattle’s first fe- mals, especially horses and cattle. This her on this occasion.∑ male weathercaster, as well as hostess love for animals blossomed into volun- f of the ‘‘Hoffmann Easy Vision Talent teer work with community agricul- Show.’’ For a brief period, she pursued tural education and outreach through REMEMBERING VICTOR BUSSIE a professional career in Los Angeles as the 4–H program. She could often be ∑ Ms. LANDRIEU. Mr. President, I a model for Oscar-winning fashion de- found showing her calves and lambs at come before you today to celebrate the signer Edith Head; but eventually she the Fall River County Fair in life and contributions of one of Louisi- returned to Seattle to marry her col- Edgemont and the Western Junior ana’s favorite sons. This week the citi- lege sweetheart, James Houston. Livestock Show in Rapid City. Her love zens of Louisiana are remembering the In 2005, Jackie and James purchased for horses eventually led her to com- monumental life of Mr. Victor Bussie. CBS affiliate KPSP located in Thou- pete in barrel racing and break-away Mr. Bussie passed away Sunday, Sep- sand Palms—at the time, Jackie was roping. In 1955, she even ended up fifth tember 4, 2011, at the age of 92. He was one of only two women in the United in break-away roping at the National laid to rest in Baton Rouge, LA last States who owned a television station. High School Finals. Friday. Mr. Bussie was buried not far Through public service announcements Margaret’s insatiable drive for learn- from our State Capitol, where he and profiles, they utilized their coming, combined with her love of animals, fought tirelessly for more 50 years to munity-focused station to promote eventually led her into the world of strengthen and uphold the rights of causes across the Coachella Valley— cattle breeding and the role that nutri- working men and women in Louisiana from helping the homeless to sup- tion plays in reproduction. By the time and across the Nation. porting food banks to AIDS research. she began her work for the American A hero to thousands, the scourge of A passionate philanthropist, Mrs. Breeder Service her business had grown some, and ally for many; Mr. Bussie Houston quietly helped struggling indi- to the point that she was booked solid spent a lifetime fighting side-by-side viduals and her efforts benefitted a during breeding season. That work with like-minded men and women. He

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.023 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5771 was motivated by a sense of justice and constituent of mine, Sue Copinga. Sue teaching countless people how to save a desire to secure worker protections is the recipient of the 2011 LifePoint others’ lives in times of crisis. and the fundamental civil rights that Hospitals companywide Mercy Award. Sue lives in Elmo, one of Utah’s many of us take for granted. During LifePoint’s Mercy Award recognizes in- smallest towns. She is the proud moth- his 41 years at the helm of the Lou- dividuals who follow in the footsteps of er of 5 children, including a Navajo fos- isiana AFL–CIO Mr. Bussie saw the the company’s founding chairman and ter daughter, and has 19 grandchildren. evolution of not just workers rights CEO Scott Mercy, who passed away in Sue also plays a role in supporting the but our country’s constant struggle for 2000. Sue works at Castleview Hospital children of her larger community by fundamental civil rights. From 1956– in Price, UT and is a patient advocate leading church youth groups and 1997 Mr. Bussie worked to secure civil in the emergency room, while working chairing an annual ‘‘community day’’ rights, equal rights for minorities and part time as an emergency medical in her town. women, a fair minimum wage, ade- technician. Castleview Hospital serves It gives me great pleasure to know quate workplace safety, defined pen- residents of Carbon and Emery Coun- that Sue’s caring, selflessness, and de- sion plans, and numerous other fair ties. Like so many rural hospitals votion to her community is being rec- labor laws for the people of Louisiana. around the country, Castleview is the ognized through the LifePoint Hos- Mr. Bussie kept his sharp and analyt- only hospital for miles around, making pitals Mercy Award.∑ ical mind to the very end. He passed it a vital resource where citizens of f with his beloved wife Fran at his side. Carbon and Emery Counties can get TRIBUTE TO MRS. SARAH J. When I began my political career as a the medical care they need. GREENLEE State legislator almost 33 years ago, While Sue has a deep history of giv- Mr. Bussie was a fixture at the Lou- ing back to others through her job and ∑ Ms. MURKOWSKI. Mr. President, I isiana Legislature. He spent tireless in her personal life, she demonstrated speak today in honor of Mrs. Sarah J. hours effectively advocating on behalf her extraordinary dedication to caring Greenlee, who this week accepted the of the hundreds of thousands of men for others during one of the worst mine 2011 Joan Orr Air Force Spouse of the and women he represented. I remember disasters in Utah’s history. On August Year award. Sarah was selected from him as fearless and resolute in his be- 6, 2007, the Crandall Canyon Mine col- thousands of nominees worldwide who lief in civil rights and fair treatment lapsed in the middle of the night, trap- selflessly support their loved ones in for all. He refused to back down even ping six miners underground. Sue did uniform. I am pleased to note that after his house was bombed by a mem- not hesitate. Immediately after learn- Sarah earned this honor while serving ber of the Ku Klux Klan in 1967. In 2010, ing of the tragedy, Sue headed straight in the great State of Alaska at Joint I attended a dinner honoring the life- to the scene to provide whatever assist- Base Elmendorf-Richardson. Sarah and time achievements of Mr. Bussie and ance was necessary. She spent the fol- her husband, LTC Paul Greenlee, have was in awe of his accomplishments. Mr. lowing days and nights at the site recently been transferred to Joint Base Bussie was a strong willed and tena- standing ready, eager and willing to Pearl Harbor-Hickam, but Sarah has cious advocate for what he believed in treat the men we all hoped and prayed left an indelible mark on the Anchor- but he consistently treated everyone would be rescued. Then, on August 16, a age area through her volunteer work with dignity and respect. second collapse brought the walls down and leadership in the community. Mr. Bussie was born in Natchitoches around rescuers who were working tire- Sarah was born into a military fam- Parish, home of the oldest permanent lessly to free the trapped miners. The ily and traveled extensively in the settlement in the Louisiana Purchase. second collapse claimed the lives of United States and Europe before grad- His family later moved to Boyce in the three men and injured numerous oth- uating from Clark High School in San central part of Louisiana near Alexan- ers. Antonio. She attended Southwest dria. He served in the Navy during Sue provided emergency care to in- Texas State University, where she WWII and later worked as a hose man jured rescuers and miners, despite the earned a bachelor’s degree in psy- with the Shreveport Fire Department. dangerous conditions. She voluntarily chology, and later the University of Many times over the years he described went into the mine that day not only Texas-Arlington, where she achieved a to me how much he had loved being a to help those who were injured, but master’s degree in social work. Sarah firefighter and how much he loved the also to spare fellow EMTs from being subsequently entered the Air Force camaraderie among the men in his put in harm’s way. Sue was worried through the Commissioned Officer unit. about a coworker with six young chil- Training Program as a social worker. It was because of his sense of fair- dren and told this fellow EMT to stay After 4 years of service, Sarah left the ness, sharp intellect and demeanor that behind, noting that her own children Air Force to become a full time wife he was approached by his fellow fire- are grown and raised. and mother. Sarah and Paul are proud fighters to represent their interests. In Sue’s commitment to caring for oth- parents of Andrew, Rachel, and Zoe. 1956, he was elected president of the ers is also what makes her invaluable There is a saying in the military that Louisiana AFL–CIO. He remained as a patient advocate in the emergency ‘‘home is where the service takes you,’’ president until his retirement in 1997. room of Castleview Hospital, where she and for the Greenlees home has been Throughout his career Mr. Bussie acted has worked for 14 years. During her Mississippi, Washington, Illinois, Alas- with dignity and garnered the respect days—and often long nights at ka, and now Hawaii. While we ask of even from those who opposed his po- Castleview—Sue touches countless much of our men and women in uni- sition. lives, making a positive impact on form, we recognize it is the entire fam- Mr. Bussie was a giant in the State of each patient she encounters. Sue pro- ily who serves. With every move, fami- Louisiana and an example of how pas- vides care and compassion to her pa- lies say goodbye to dear friends, kids sionate advocacy could and should be tients at a time when they need it start school in new places, and the expressed with dignity and grace. Like most, and has come to be known affec- clock starts ticking again toward the countless other Louisianians, I am a tionately as ‘‘Grandma Sue’’ for the next transition. Despite enduring these better person for having known him. way she soothes children, the most vul- frequent moves, military spouses On behalf of the U.S. Senate, I wish to nerable of her ER patients—children. quickly become leaders on base and in offer my condolences to his wife Fran, Sue’s devotion to helping others is the local community. Sarah Greenlee the entire Bussie family, and all the not confined to the hospital’s walls. is a fitting case in point. members of the Louisiana AFL–CIO. She also serves part time as an EMT Sarah took several actions worth Louisiana lost a true hero.∑ where she provides patients emergency noting. We had two tragic aircraft acci- f care and transport in critical situa- dents last year in Alaska where we lost tions. When Sue isn’t caring for pa- the crews of a C–17 and an F–22 within TRIBUTE TO SUE COPINGA tients in the emergency room or ambu- a matter of months. In the aftermath, ∑ Mr. LEE. Mr. President, it is my lance, she is educating future genera- Sarah jumped in with support and com- pleasure today to offer my sincerest tions of EMTs. For fifteen years, Sue fort, providing food and offering en- congratulations to an inspirational has given back to her community by couragement to leaders and personnel

VerDate Mar 15 2010 03:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.030 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5772 CONGRESSIONAL RECORD — SENATE September 20, 2011 from the affected units. She opened her liberated by the Russians. His positive EC–3307. A communication from the Trial home to children of commanders work- attitude and perseverance, as his moth- Attorney, Federal Railroad Administration, ing on the recovery effort, relieving er predicted, did indeed keep him alive. Department of Transportation, transmitting, them to focus on obligations to their Phil is still persevering. He under- pursuant to law, the report of a rule entitled ‘‘Truck Safety Standards; Concrete Cross- units. stands the importance of service, and ties’’ (RIN2130–AC35) received in the Office of Sarah’s impact in the local commu- the Marine motto always faithful. the President of the Senate on September 19, nity was no less remarkable. She was Many consider him to be a patriarch 2011; to the Committee on Commerce, active in the Mount Spurr Elementary and a well-respected leader in his Science, and Transportation. School PTA and Anchorage Faith and church. He is constantly serving others EC–3308. A communication from the Senior Family Church. Pastors Brant and Ta- in his community through his active Program Analyst, Federal Aviation Adminis- mara Barker, founders of the church, involvement in First Baptist Church of tration, Department of Transportation, transmitting, pursuant to law, the report of have travelled from Alaska to Wash- Denham Springs. Phil is an ordained ington to celebrate Sarah’s significant a rule entitled ‘‘Airworthiness Directives; deacon, a member of the building com- Procedures for Protests and Contract Dis- accomplishment. mittee, and a member of the ‘‘Helping putes’’ ((RIN2120–AJ82) (Docket No. FAA– Those who know Sarah best say she Hands’’ team. 2010–0840)) received in the Office of the Presi- is a source of encouragement for all she On this special day we will all look dent of the Senate on September 19, 2011; to meets. Her listening ears, compas- back and see the hallmarks of a life the Committee on Commerce, Science, and sionate words, and acts of kindness well lived. His quiet determination, un- Transportation. bring others support and hope. failing kindness, and unyielding spirit EC–3309. A communication from the Senior The Air Force Spouse of the Year Program Analyst, Federal Aviation Adminis- have made him a pillar not only of a award is named after the late Joan Orr, tration, Department of Transportation, proud and loving family, but to all who wife of former Secretary of the Air transmitting, pursuant to law, the report of have come to know him. Beneath a Force Verne Orr. Mrs. Orr was a rare, a rule entitled ‘‘Airworthiness Directives; humble exterior lies a generous and Agusta S.p.A. Model A109A, A109A II, A109C, inspirational leader who would accom- kind soul. He is beloved not for a litany and A109K2 Helicopters’’ ((RIN2120–AA64) pany her husband on visits to bases, of accomplishments, but simply for (Docket No. FAA–2011–0823)) received in the meeting with families and visiting who he is. Office of the President of the Senate on Sep- community support facilities. During Tom Brokaw, in his book ‘‘The tember 19, 2011; to the Committee on Com- the Christmas holiday, the Orrs trav- merce, Science, and Transportation. Greatest Generation,’’ notes that their eled to remote bases in my home State EC–3310. A communication from the Senior of Alaska to visit servicemembers who sacrifices made possible the many com- Program Analyst, Federal Aviation Adminis- were separated from their families. forts and conveniences we enjoy today. tration, Department of Transportation, Mrs. Orr had a passion for teaching It is my honor to pay tribute to this transmitting, pursuant to law, the report of great American. He, like so many a rule entitled ‘‘Establishment of Area Navi- dance. Even as she struggled with the gation Route Q–37; Texas’’ ((RIN2120–AA66) debilitating effects of Lou Gehrig’s dis- today, went into harm’s way and sacrificed so much so that we can experi- (Docket No. FAA–2009–0867)) received in the ease, she never cancelled a dance class. Office of the President of the Senate on Sep- From a wheelchair and using a writing ence our liberties today. I am humbled tember 19, 2011; to the Committee on Com- slate when her voice failed, she taught to have the opportunity to express my merce, Science, and Transportation. up to 2 weeks before her death. Sarah, appreciation for Mr. Philip Rush EC–3311. A communication from the Senior like Joan, realized she had something Haley’s service to our country, and Program Analyst, Federal Aviation Adminis- to give and the willingness in her heart wish him all the best in years to tration, Department of Transportation, come.∑ transmitting, pursuant to law, the report of to give it. a rule entitled ‘‘Amendment of Class E Air- I offer warm congratulations to f space; Hawaiian Islands, HI’’ ((RIN2120–AA66) Sarah on her selection as the 2011 Air EXECUTIVE AND OTHER (Docket No. FAA–2011–0754)) received in the Force Spouse of the Year and wish her COMMUNICATIONS Office of the President of the Senate on Sep- and her family a bright future.∑ tember 19, 2011; to the Committee on Com- f The following communications were merce, Science, and Transportation. laid before the Senate, together with EC–3312. A communication from the Senior TRIBUTE TO PHILIP RUSH HALEY accompanying papers, reports, and doc- Program Analyst, Federal Aviation Adminis- ∑ Mr.VITTER. Mr. President, today I uments, and were referred as indicated: tration, Department of Transportation, transmitting, pursuant to law, the report of honor an American patriot and a con- EC–3304. A communication from the Assist- a rule entitled ‘‘Establishment of Class E stituent of mine, Philip Rush Haley of ant Secretary for Export Administration, Airspace; Copperhill, TN’’ ((RIN2120–AA66) Bureau of Industry and Security, Depart- Denham Springs, LA. Phil grew up in (Docket No. FAA–2011–0402)) received in the ment of Commerce, transmitting, pursuant Baton Rouge, LA and enlisted in the Office of the President of the Senate on Sep- to law, the report of a rule entitled ‘‘Edi- U.S. Marine Corp in 1939 at age 18. tember 19, 2011; to the Committee on Com- torial Correction to the Export Administra- While stationed in Manila, Philippine merce, Science, and Transportation. Islands, Mr. Haley served as a guard tion Regulations’’ (RIN0694–AE90) received in EC–3313. A communication from the Senior outside the office of Admiral Hart, the Office of the President of the Senate on Program Analyst, Federal Aviation Adminis- September 19, 2011; to the Committee on Commander in Chief of the Asiatic tration, Department of Transportation, Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Fleet. After Admiral Hart left the Phil- EC–3305. A communication from the Senior ippines, Mr. Haley relocated to Cor- a rule entitled ‘‘Establishment of Class E Program Analyst, Federal Aviation Adminis- Airspace; Forest, VA’’ ((RIN2120–AA66) regidor and was placed under the com- tration, Department of Transportation, (Docket No. FAA–2011–0378)) received in the mand of LTG Jonathan Wainwright. transmitting, pursuant to law, the report of Office of the President of the Senate on Sep- The American forces surrendered to a rule entitled ‘‘Airworthiness Directives; tember 19, 2011; to the Committee on Com- the Japanese in 1942, and it was at this Agusta S.p.A. Model A109A and A109AH Heli- merce, Science, and Transportation. time Mr. Haley became a prisoner of copters’’ ((RIN2120–AA64) (Docket No. FAA– 2011–0861)) received in the Office of the Presi- f war. dent of the Senate on September 19, 2011; to The State Times in Baton Rouge EXECUTIVE REPORTS OF the Committee on Commerce, Science, and COMMITTEES wrote an article entitled ‘‘Local Ma- Transportation. rine Declared Missing in Action.’’ Most EC–3306. A communication from the Senior The following executive reports of in his family thought Phil Haley was Program Analyst, Federal Aviation Adminis- nominations were submitted: dead, but his mother maintained that tration, Department of Transportation, By Mr. BAUCUS for the Committee on Fi- Phil’s strength and resilience would transmitting, pursuant to law, the report of nance. keep him alive. Nearly 1 year later, the a rule entitled ‘‘Airworthiness Directives; *Janice Eberly, of Illinois, to be an Assist- Haley family received word that Phil General Electric Company (GE) CF6–45 Se- ant Secretary of the Treasury. ries and CF6–50 Series Turbofan Engines’’ *Maurice B. Foley, of Maryland, to be a was indeed alive at Mukden, a Japa- ((RIN2120–AA64) (Docket No. FAA–2010–0998)) Judge of the United States Tax Court for a nese POW camp located in Manchuria, received in the Office of the President of the term of fifteen years. China. Senate on September 19, 2011; to the Com- *Juan F. Vasquez, of Texas, to be a Judge Phil would be in the camp for 31⁄2 mittee on Commerce, Science, and Transpor- of the United States Tax Court for a term of years before the war ended and he was tation. fifteen years.

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.028 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5773 *Joseph H. Gale, of Virginia, to be a Judge By Mr. BEGICH (for himself and Ms. vania (Mr. TOOMEY) was added as a co- of the United States Tax Court for a term of MURKOWSKI): sponsor of S. 570, a bill to prohibit the fifteen years. S. Res. 273. A resolution congratulating the Department of Justice from tracking *Nomination was reported with rec- Nunaka Valley Little League junior girls and cataloguing the purchases of mul- softball team on their performance in the ommendation that it be confirmed sub- tiple rifles and shotguns. ject to the nominee’s commitment to Junior League Softball World Series; to the Committee on the Judiciary. S. 633 respond to requests to appear and tes- At the request of Ms. SNOWE, the tify before any duly constituted com- f name of the Senator from North Da- mittee of the Senate. ADDITIONAL COSPONSORS kota (Mr. HOEVEN) was added as a co- f S. 20 sponsor of S. 633, a bill to prevent fraud INTRODUCTION OF BILLS AND At the request of Mr. HATCH, the in small business contracting, and for JOINT RESOLUTIONS name of the Senator from Alaska (Ms. other purposes. The following bills and joint resolu- MURKOWSKI) was added as a cosponsor S. 740 tions were introduced, read the first of S. 20, a bill to protect American job At the request of Mr. REED, the name and second times by unanimous con- creation by striking the job-killing of the Senator from Delaware (Mr. sent, and referred as indicated: Federal employer mandate. COONS) was added as a cosponsor of S. By Mr. BROWN of Massachusetts: S. 102 740, a bill to revise and extend provi- S. 1579. A bill to amend title 37, United At the request of Mr. MCCAIN, the sions under the Garrett Lee Smith Me- States Code, to provide that the basic allow- names of the Senator from Tennessee morial Act. ance for housing in effect for a member of (Mr. ALEXANDER), the Senator from S. 965 the National Guard is not reduced when the Pennsylvania (Mr. TOOMEY) and the member transitions between active duty and At the request of Mrs. GILLIBRAND, full-time National Guard duty without a Senator from Wisconsin (Mr. JOHNSON) the name of the Senator from Lou- break in active service; to the Committee on were added as cosponsors of S. 102, a isiana (Ms. LANDRIEU) was added as a Armed Services. bill to provide an optional fast-track cosponsor of S. 965, a bill to amend the By Mr. HATCH (for himself and Mr. procedure the President may use when Internal Revenue Code of 1986 to pro- LEE): submitting rescission requests, and for vide an income tax credit for the costs S. 1580. A bill to direct the Secretary of the other purposes. Interior to extend an exemption from certain of certain infertility treatments, and requirements of the Endangered Species Act S. 170 for other purposes. of 1973 to protect public health and safety; to At the request of Mrs. BOXER, the S. 1048 the Committee on Environment and Public name of the Senator from Oregon (Mr. At the request of Mr. MENENDEZ, the Works. MERKLEY) was added as a cosponsor of names of the Senator from Minnesota By Mrs. MCCASKILL: S. 170, a bill to provide for the afford- (Ms. KLOBUCHAR), the Senator from S. 1581. A bill to improve the importer of able refinancing of mortgages held by record program and the collection of fees and Colorado (Mr. UDALL), the Senator duties in connection with the importation of Fannie Mae and Freddie Mac. from Virginia (Mr. WARNER), the Sen- merchandise into the United States, and for S. 296 ator from Delaware (Mr. CARPER) and other purposes; to the Committee on Fi- At the request of Ms. KLOBUCHAR, the the Senator from West Virginia (Mr. nance. name of the Senator from South Da- MANCHIN) were added as cosponsors of By Mr. LAUTENBERG (for himself, kota (Mr. JOHNSON) was added as a co- S. 1048, a bill to expand sanctions im- Mr. KIRK, and Mrs. BOXER): S. 1582. A bill to amend the Federal Water sponsor of S. 296, a bill to amend the posed with respect to the Islamic Re- Pollution Control Act to modify provisions Federal Food, Drug, and Cosmetic Act public of Iran, North Korea, and Syria, relating to beach monitoring, and for other to provide the Food and Drug Adminis- and for other purposes. purposes; to the Committee on Environment tration with improved capacity to pre- S. 1167 and Public Works. vent drug shortages. At the request of Mr. JOHNSON of By Mr. INHOFE (for himself, Mr. S. 366 South Dakota, the name of the Senator BLUNT, and Mr. CHAMBLISS): S. 1583. A bill to amend the Internal Rev- At the request of Mrs. GILLIBRAND, from California (Mrs. BOXER) was added enue Code of 1986 to provide a tax deduction the name of the Senator from Con- as a cosponsor of S. 1167, a bill to for the purchase, construction, and installa- necticut (Mr. BLUMENTHAL) was added amend the Public Health Service Act tion of a safe room or storm shelter, and for as a cosponsor of S. 366, a bill to re- to improve the diagnosis and treat- other purposes; to the Committee on Fi- quire disclosure to the Securities and ment of hereditary hemorrhagic nance. Exchange Commission of certain telangiectasia, and for other purposes. By Mr. BENNET: S. 1584. A bill to provide for additional sanctionable activities, and for other S. 1301 quality control of drugs; to the Committee purposes. At the request of Mr. LEAHY, the on Health, Education, Labor, and Pensions. S. 409 name of the Senator from Delaware By Mrs. BOXER (for herself, Mr. LAU- At the request of Mr. SCHUMER, the (Mr. COONS) was added as a cosponsor TENBERG, Mr. KERRY, Mrs. MURRAY, name of the Senator from Maine (Ms. of S. 1301, a bill to authorize appropria- Mr. BROWN of Ohio, Mrs. FEINSTEIN, SNOWE) was added as a cosponsor of S. Mr. DURBIN, Mr. SANDERS, Mr. tions for fiscal years 2012 to 2015 for the 409, a bill to ban the sale of certain BEGICH, Mr. CARDIN, Mr. MERKLEY, Trafficking Victims Protection Act of Mr. UDALL of Colorado, Mr. AKAKA, synthetic drugs. 2000, to enhance measures to combat Mrs. GILLIBRAND, Mr. BLUMENTHAL, S. 466 trafficking in person, and for other Mr. WHITEHOUSE, and Mrs. SHAHEEN): At the request of Mrs. FEINSTEIN, her purposes. S. 1585. A bill to prohibit the application of name was added as a cosponsor of S. S. 1324 certain restrictive eligibility requirements 466, a bill to provide for the restoration to foreign nongovernmental organizations At the request of Mrs. BOXER, the with respect to the provision of assistance of legal rights for claimants under Hol- name of the Senator from New Mexico under part I of the Foreign Assistance Act of ocaust-era insurance policies. (Mr. BINGAMAN) was added as a cospon- 1961; to the Committee on Foreign Relations. S. 534 sor of S. 1324, a bill to amend the Lacey f At the request of Mr. KERRY, the Act Amendments of 1981 to prohibit the SUBMISSION OF CONCURRENT AND name of the Senator from Pennsyl- importation, exportation, transpor- SENATE RESOLUTIONS vania (Mr. CASEY) was added as a co- tation, and sale, receipt, acquisition, or sponsor of S. 534, a bill to amend the purchase in interstate or foreign com- The following concurrent resolutions Internal Revenue Code of 1986 to pro- merce, of any live animal of any pro- and Senate resolutions were read, and vide a reduced rate of excise tax on hibited wildlife species, and for other referred (or acted upon), as indicated: beer produced domestically by certain purposes. By Mr. PRYOR (for himself, Mr. BOOZ- small producers. S. 1392 MAN, and Mr. DURBIN): S. Res. 272. A resolution designating No- S. 570 At the request of Ms. COLLINS, the vember 1, 2011, as ‘‘National Jobs Day’’; to At the request of Mr. TESTER, the name of the Senator from Nebraska the Committee on the Judiciary. name of the Senator from Pennsyl- (Mr. NELSON) was added as a cosponsor

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.016 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5774 CONGRESSIONAL RECORD — SENATE September 20, 2011 of S. 1392, a bill to provide additional S. 1556 date existing monitoring protocols and time for the Administrator of the Envi- At the request of Mr. VITTER, the develop updated testing recommenda- ronmental Protection Agency to issue name of the Senator from Utah (Mr. tions for the existence of mercury in achievable standards for industrial, LEE) was added as a cosponsor of S. Great Lakes coastal waters, sediment commercial, and institutional boilers, 1556, a bill to require an accounting for and fish. process heaters, and incinerators, and financial support made to promote the Protecting the Great Lakes and our for other purposes. production or use of renewable energy, coastal waters is one of my top prior- S. 1461 and for other purposes. ities in Congress. I am proud to be the lead cosponsor of this important legis- At the request of Mr. NELSON of Flor- AMENDMENT NO. 626 lation that addresses a key problem ida, the name of the Senator from At the request of Mr. COBURN, his facing our Great Lakes beaches. I urge Pennsylvania (Mr. TOOMEY) was added name was added as a cosponsor of my colleagues to support this bill to as a cosponsor of S. 1461, a bill to amendment No. 626 proposed to H.R. help safeguard our future generations amend the Federal Food, Drug, and 2832, a bill to extend the Generalized and our most precious natural re- Cosmetic Act to clarify the Food and System of Preferences, and for other source. Drug Administration’s jurisdiction purposes. over certain tobacco products, and to f By Mr. INHOFE (for himself, Mr. protect jobs and small businesses in- STATEMENTS ON INTRODUCED BLUNT, and Mr. CHAMBLISS) volved in the sale, manufacturing and BILLS AND JOINT RESOLUTIONS S. 1583. A bill to amend the Internal distribution of traditional and pre- Revenue Code of 1986 to provide a tax By Mr. LAUTENBERG (for him- mium cigars. deduction for the purchase, construc- self, Mr. KIRK, and Mrs. BOXER): S. 1507 S. 1582. A bill to amend the Federal tion, and installation of a safe room or At the request of Mr. HATCH, the Water Pollution Control Act to modify storm shelter, and for other purposes; names of the Senator from Georgia provisions relating to beach moni- to the Committee on Finance. Mr. INHOFE. Mr. President, being (Mr. CHAMBLISS), the Senator from Wy- toring, and for other purposes; to the from Oklahoma, I can remember back oming (Mr. BARRASSO), and the Senator Committee on Environment and Public in the days when they called Okla- from Utah (Mr. LEE) were added as co- Works. homa, southern Kansas, northern sponsors of S. 1507, a bill to provide Mr. KIRK. Mr. President, today I am Texas, and southwestern Missouri tor- protections from workers with respect pleased to join with Senator FRANK nado alley. I say to my good friend to their right to select or refrain from LAUTENBERG to introduce the Clean from Oregon that I have been in avia- selecting representation by a labor or- Coastal Environment and Public tion for many years. I know people who ganization. Health Act of 2011 to help protect the won’t even fly airplanes through what S. 1508 millions of Americans who utilize pub- we call tornado alley. But by now I lic beaches each day. At the request of Mr. MENENDEZ, the think we know that tornadoes are a Unfortunately, every year many name of the Senator from Maryland daily threat to Americans each spring beaches go unmonitored or face severe (Mr. CARDIN) was added as a cosponsor as severe weather rolls across the coun- delays in receiving test results of lev- of S. 1508, a bill to extend loan limits try. In the past 30 years, over 34,000 els of contamination in coastal waters. for programs of the Federal Housing tornadoes have touched down some- Without proper monitoring and notifi- Administration, the government-spon- where in the country, which means cation, thousands of citizens risk ill- sored enterprises, and the Department that one touches down, on average, ness due to growing contamination of of Veterans Affairs, and for other pur- every 8 hours of each day. This chart poses. our coastal waters. Beach closings are right here shows that each one of these a far too regular occurrence along the S. 1514 little green dots represents a tornado. 52 public Lake Michigan beaches in my At the request of Mr. TESTER, the As we all witnessed once again this home State of Illinois. According to names of the Senator from Pennsyl- spring, many of these tornadoes grow the Illinois Department of Public vania (Mr. CASEY), the Senator from into very voracious and dangerous Health, there were 579 beach closures Louisiana (Ms. LANDRIEU), and the Sen- storms that bring significant harm to or contamination advisories last year, ator from Colorado (Mr. UDALL) were property and life. This year, 57 such an 8 percent increase from 2008. Beach added as cosponsors of S. 1514, a bill to tornadoes struck 14 States and claimed closures greatly affect the health of authorize the President to award a gold 550 lives. Alabama was the hardest hit. our children and families—a recent medal on behalf of the Congress to I can remember when Oklahoma was University of Chicago study showed Elouise Pepion Cobell, in recognition ranked as the hardest hit. They had swim bans at Chicago’s beaches due to of her outstanding and enduring con- over 240 killed. Missouri also suffered E. coli levels cost the local economy tributions to American Indians, Alaska heavily with the loss of 157 people in $2.4 million in lost revenue every year. Natives, and the Nation through her Joplin. I say to my friend from Mis- This bipartisan legislation requires tireless pursuit of justice. souri, who is on the floor, I was up in rapid testing methods to detect water Joplin right after that happened, down S. 1527 contamination in 4 hours or less, faster close to the Oklahoma border. It is At the request of Mrs. HAGAN, the notification and decision about clo- something you have to witness before names of the Senator from Pennsyl- sures and advisories within 2 hours. you understand it. In my State of vania (Mr. CASEY) and the Senator These measures can help save millions Oklahoma where we have more than from Oregon (Mr. WYDEN) were added of Americans from hospital bills or un- our fair share of violent tornadoes, this as cosponsors of S. 1527, a bill to au- necessary beach closings. spring’s storms resulted in the death of thorize the award of a Congressional But we must not ignore the more 14 people and the injury of many oth- gold medal to the Montford Point Ma- dangerous toxin which has far reaching ers. Until you have this happen, and rines of World War II. consequences for the most vulnerable you go on site, which I always make it S. 1539 members our society—our children. a point to do—after each tornado in At the request of Mr. CORNYN, the Mercury pollution is a serious problem Oklahoma, you go down and talk to the names of the Senator from Oklahoma nationwide and is particularly con- people. You think of little kids looking (Mr. COBURN), the Senator from South cerning since large amounts can accu- for their toys and this type of thing, Carolina (Mr. DEMINT), and the Sen- mulate in fish tissue. Mercury levels in but they are gone and gone for good. ator from Oregon (Mr. WYDEN) were the Great Lakes, particularly in Lake While this year has seen a large num- added as cosponsors of S. 1539, a bill to Michigan, are poorly understood. Mov- ber of fatal tornadoes, they are a na- provide Taiwan with critically needed ing forward, it is critical that we revise tionwide threat each spring. Since 1980, United States-built multirole fighter the outdated monitoring and testing of 734 tornadoes have claimed 2,462 lives aircraft to strengthen its self-defense this dangerous toxin. This bill also rein at least 37 different States, includ- capability against the increasing mili- quires the Administrator of the Envi- ing 126 in my State of Oklahoma. Un- tary threat from China. ronmental Protection Agency to up- fortunately, many of these lost lives

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.019 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5775 could have been avoided had storm ard Mitigation Grant Program for resi- taxpayers to take practical steps to shelters been more widely used. dential storm shelters has supported stay safe in areas where tornadoes are In the past few months, a number of the construction of only 15,000 storm common. It is a commonsense approach Oklahomans have asked me if there is shelters at a staggering cost of $35 mil- and a better way to use taxpayer re- a Federal program that promotes the lion. That is $2,000 for each storm shel- sources. installation of tornado storm shelters. ter. Further, this proposal’s $41 million They observed that those individuals A different approach is needed to en- cost is fully paid for by rescinding who have these storm shelters live courage a wider group of people to in- funds authorized for storm shelter con- through it. They may lose their prop- stall tornado storm shelters. This struction grants through the programs erty, but they live through it. So they would help mitigate the loss of life dur- administered through HUD. In other think, Well, government gets involved ing tornadoes. To give people the op- words, we are doing this program and in all of these programs; what are they portunity—I have 20 kids and providing countless more shelters at a going to do to help us encourage people grandkids. My first concern every time cost that would merely mean a tax de- to build storm shelters? When I looked I hear of a tornado coming is for them. duction, and it is going to have a lot into it, I came up emptyhanded despite That is why we have introduced this more people participating in the pro- the fact that hundreds of millions of bill called the Storm Shelter Tax Re- gram. This means that existing dollars are obligated each year to miti- lief Act. It provides a tax deduction of unspent HUD funds that are duplica- gate the effects of natural disasters. up to $2,500 to any individual who in- tive of other FEMA spending will be re- Since death is one of the worst ef- stalls a qualified storm shelter. The directed to a more effective policy in fects of natural disasters, one would cost of this deduction is fully offset, order to accomplish the same goal: En- think tornado storm shelters, which which I will explain in a minute, where courage the installation of more storm are the safest way to ride out torna- it is coming from, and there are reduc- shelters to save lives from deadly tor- does, would be a high priority, but only tions in other areas of spending. nadoes. limited funds have been made available First, the deduction can be claimed Many may wonder why this is some- in the past, and it has been sporadic by any taxpayer. If someone in Okla- thing the Federal Government should and poorly allocated. Most of the funds homa, Kentucky, or Tennessee decides be doing. In reality, this falls squarely have been made available through they need a storm shelter at their within the purpose of the hazard miti- FEMA’s Hazardous Mitigation Grant house, they can pay to have one in- gation priorities of the Federal Govern- Program, which is a mandatory pro- stalled and then claim the incentive by ment. FEMA defines hazardous mitiga- gram that allocates funds to States to deducting up to $2,500 from their in- tion as ‘‘any sustained action taken to help them better prepare for future dis- come when they file their taxes. Claim- reduce or eliminate long-term risk to asters. States are able to direct some ing this incentive would not require life and property from a hazard event.’’ of this money to residential storm dealing with a big bureaucracy. One HMGP regulations state that projects shelter construction, but to do this doesn’t have to fill out the forms. One ‘‘retrofitting structures . . . to mini- they have to go through a lot of does not have to go through all the red- mize damages from high winds, earth- hoops—through a lengthy process of tape. That is one of the reasons people quake, flood, wildfire, or other natural coordinating a program with FEMA. don’t do it under the existing pro- hazards’’ are eligible for the expendi- Needless to say, it is a bureaucratic grams. As I said before, previous pro- ture of program dollars. The main goal nightmare and hugely expensive. grams that have been administered of all this spending is to reduce the Oklahoma did this after the dev- through FEMA place the power of the likelihood of losses of life and prop- astating tornadoes of May 3, 1999. Fifty shelter incentive into the hands of an erty, and retrofitting buildings to les- people died and many others were in- agency and not a family, not individ- son the likelihood of damage caused by jured that day. As the recovery effort uals. The agency then decides who does tornadoes is an eligible expense. That took hold, it became clear to public and does not receive the incentive. I is what this tax deduction does. leaders that staggeringly few Oklaho- think it is best when this middleman Furthermore, the threat of deadly mans had storm shelters accessible for can be avoided, and a tax deduction and dangerous tornadoes stretches far their homes. Because of this, Okla- does that. The Tax Code is blind and across the Nation. We saw the first homa’s Department of Emergency provides the incentive to anyone who map, but this map shows it is not just Management worked with FEMA to decides in their best judgment that the tornado alley I referred to right create a temporary rebate program to they need a storm shelter. here. With the exception of moun- encourage individuals to install storm Lastly, and probably most impor- tainous areas here, the danger zone is shelters in their homes. The rebate was tantly, the tax deduction is a better al- all across America. Not surprisingly, worth $2,000, and the funding cap was location of scarce taxpayer resources. Oklahoma is right in the center. When set at $6 million. A rebate that covers a large portion of we look at where deadly tornadoes Unfortunately, the program didn’t a shelter’s cost, as the Oklahoma pro- have occurred during the past 30 years, perform as well as they would have gram did, can foster moral hazard. it is spread across the entire eastern liked. It was a popular program and What I mean is that when free money half of the country. All the States in funding depleted quickly. But because is on the table, people generally take red have had at least one deadly tor- of the rebate amount, only 3,000 home- it. In this case, people may take the re- nado every other year since 1980, and owners were able to take advantage of bate to buy a storm shelter because it most of them have had even more. This the program, despite its $6 million is free, not because it is what they may be surprising, but the threat is funding level. We are talking about in need. A tax deduction doesn’t allow real. It needs to be addressed. More tor- the State of Oklahoma. this because the actual incentive is nado storm shelters need to be con- Furthermore, because this program much lower in value. No one is going to structed around the country and Fed- was run through FEMA, it had a lot of go out and spend $2,000 or more on a eral policies encouraging this need to paperwork requirements and was time storm shelter because they get to write be changed. That is why we are intro- consuming for the State to actually that amount off of their taxable in- ducing the Storm Shelter Tax Relief formalize. The ultimate decision of come. Nobody does that. A rational in- Act. The number of this bill, I say to who received the rebate rested with dividual would only go out to buy a my colleagues, is S. 1583. It was intro- FEMA and the Oklahoma Department shelter if they know they need one and duced today. I think those of us who of Emergency Management and they then it has the added benefit of being have lived in these tornado-prone decided who received the rebate and deducted from their income, so it is a areas—I can tell stories about torna- who did not. If you ask me, that is a much better way of approaching it. On does picking up a horse and replacing pretty expensive, poorly designed pro- the aggregate level, this allows a lot it, dropping it someplace. In my per- gram, but that is generally the way more people to get the incentive at the sonal experience, my wife was after me FEMA structures these programs when same cost compared to the rebate pro- about 50 years ago when we had a place States go to the trouble of requesting grams that have been used in the past. up in the country—we still have the them. All told, FEMA’s sporadic Haz- A tax deduction provides a nudge to same place—and I had a red Jeep. That

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G20SE6.043 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5776 CONGRESSIONAL RECORD — SENATE September 20, 2011 red Jeep was one we had for a long for 6 months or more and more than games and lost just 2 games en route to a time. She said, How come you don’t 25,000,000 people in the United States are not third place finish in the Junior League Soft- have that insured? I said, What could able to find a full-time job; ball World Series; happen to a red Jeep in the middle of Whereas throughout the history of the Whereas more than 2,000 teams and 30,000 United States, in times of crisis, the private players compete in Junior League Girls Soft- the country in Oklahoma? Well, a tor- sector has come together and helped lead the ball each year; nado came along, picked up a tree and United States forward; Whereas the Nunaka Valley Little League dropped it right on top of my red Jeep. Whereas the private sector can lead the junior girls softball team finished the 2011 It cut it in half. So they are totally un- economic recovery by hiring workers from season ranked third in the world; predictable. the United States; Whereas the hard work and dedication of I can tell more stories about Moore, Whereas small and large businesses have the entire Nunaka Valley Little League jun- OK, when we had our 1999 tornado the power to fuel growth and help bring the ior girls softball team and the support of where everything was devastated on United States back to normal levels of em- their families led the team to success in 2011; ployment; Whereas Little League softball and base- one side of the street and nothing was Whereas uhireU.S. is a national initiative ball has provided a positive athletic experi- touched on the other side of the street. to rally the business community in the Un- ence and fostered teamwork and sportsman- It is an art to understanding where tied States to come together in its own best ship to millions of children in the United these are coming from. We now have interest to hire 1,000,000 workers by the end States and around the world; and developed that art. There is not a per- of 2011; Whereas Alaskans everywhere are proud of son who could be in the path of a tor- Whereas employing 1,000,000 more people the Nunaka Valley Little League junior girls nado who doesn’t have the facilities will increase the demand for the goods and athletes, Jacynne Augufa, Leilani Blair, and the resources to see what is out services that businesses need to sell, and in- Heather Breslin, Metanoya Fiame, Morgan crease positive sentiment toward businesses; Hill, Julia Merritt, Gabrielle Meyerson, there and where it is coming. What Whereas uhireU.S. is supported by many Taria Page, Hannah Peterson, Sydney they don’t have is a way, if it is un- non-governmental organizations; and Smith, Lauren Syrup, and Nanea Tali, on the avoidable, to protect themselves if it Whereas it is important to designate a day 2011 softball season: Now, therefore, be it hits them. The obvious answer is a for everyone throughout the United States Resolved, That the Senate— storm shelter. to focus on overcoming the human and eco- (1) congratulates the athletes, parents, and I appreciate the Senator from Mis- nomic costs of high unemployment: Now, coaching staff of the Nunaka Valley Little souri, who is going to speak next, co- therefore, be it League junior girls softball team on an im- sponsoring this bill. We would like to Resolved, That the Senate— pressive 2011 season; and (1) designates November 1, 2011, as ‘‘Na- (2) respectfully requests the Secretary of have more cosponsors. We have every tional Jobs Day’’; the Senate to transmit an enrolled copy of intention of getting this passed. (2) encourages businesses, starting on No- this resolution to— With that, I yield the floor. vember 1, 2011, to pledge to add not less than (A) the Nunaka Valley Little League Presi- The PRESIDING OFFICER pro tem- 1 unemployed worker for each 100 employees; dent, Greg Davis; and pore. The Senator from Missouri. and (B) the Nunaka Valley Little League jun- Mr. BLUNT. Mr. President, I am (3) supports the goal of the uhireU.S. ini- ior girls softball team manager, Richard pleased to cosponsor the bill with Sen- tiative to put new life into the economy by Knowles, and coaches Rick Peterson and promoting a wave of business ingenuity that Richard Hill. ator INHOFE. Between he and I, we may puts 1,000,000 individuals who are jobless f have been to the scenes of more torna- back at work by the end of 2011. does than almost anybody else in AMENDMENTS SUBMITTED AND America who is not a storm chaser. Be- f PROPOSED cause of where we live and what we SENATE RESOLUTION 273—CON- SA 627. Mr. HATCH submitted an amend- have done, we have had a chance to see GRATULATING THE NUNAKA ment intended to be proposed by him to the the aftermath of many tornadoes. Un- VALLEY LITTLE LEAGUE JUNIOR bill H.R. 2832, to extend the Generalized Sys- like the floods we have dealt with in GIRLS SOFTBALL TEAM ON tem of Preferences, and for other purposes; our State this year and the hurricanes THEIR PERFORMANCE IN THE which was ordered to lie on the table. we have dealt with in other States re- JUNIOR LEAGUE SOFTBALL SA 628. Mr. HATCH submitted an amend- cently, the tornado is there and you WORLD SERIES ment intended to be proposed by him to the don’t get much warning, and that bill H.R. 2832, supra; which was ordered to lie Mr. BEGICH (for himself and Ms. storm shelter needs to be close if you on the table. MURKOWSKI) submitted the following SA 629. Mr. HATCH submitted an amend- want a chance to get into it. The bill resolution; which was referred to the ment intended to be proposed by him to the he has drafted and I am proud to co- Committee on the Judiciary: bill H.R. 2832, supra; which was ordered to lie sponsor with him provides an oppor- on the table. tunity to get that storm shelter near- S. RES. 273 SA 630. Mr. HATCH submitted an amend- by. Whereas the Nunaka Valley Little League ment intended to be proposed by him to the junior girls softball team is comprised of bill H.R. 2832, supra; which was ordered to lie f young women from Anchorage, Alaska who on the table. SUBMITTED RESOLUTIONS play softball; SA 631. Mr. MENENDEZ submitted an Whereas the Nunaka Valley Little League amendment intended to be proposed by him junior girls softball team compiled an im- to the bill H.R. 2832, supra; which was or- SENATE RESOLUTION 272—DESIG- pressive record in the 2011 regular season, dered to lie on the table. NATING NOVEMBER 1, 2011, AS outscoring opponents 428 to 83; SA 632. Ms. SNOWE submitted an amend- ‘‘NATIONAL JOBS DAY’’ Whereas the Nunaka Valley Little League ment intended to be proposed by her to the junior girls softball team was undefeated in bill H.R. 2832, supra; which was ordered to lie Mr. PRYOR (for himself, Mr. BOOZ- the district and State tournaments on the on the table. MAN, and Mr. DURBIN) submitted the way to winning the Alaska State Champion- SA 633. Mr. CASEY (for himself, Mr. BROWN following resolution; which was re- ship; of Ohio, and Mr. BAUCUS) submitted an ferred to the Committee on the Judici- Whereas the Nunaka Valley Little League amendment intended to be proposed by him ary: junior girls softball team was undefeated in to the bill H.R. 2832, supra. 4 games and won the West Regional Tour- SA 634. Mr. CORNYN (for himself and Mr. S. RES. 272 nament held in Marana, Arizona; COBURN) submitted an amendment intended Whereas people in the United States want Whereas in August, 2011, the Nunaka Val- to be proposed by him to the bill H.R. 2832, to work and contribute to the national econ- ley Little League junior girls softball team supra; which was ordered to lie on the table. omy; represented the West Region at the Junior SA 635. Mr. COBURN submitted an amend- Whereas the national unemployment rate League Softball World Series in Kirkland, ment intended to be proposed by him to the in the United States remains stubbornly Washington; bill S. 1094, to reauthorize the Combating above 9 percent; Whereas in 2011, Nunaka Valley Little Autism Act of 2006 (Public Law 109–416); Whereas the Office of Management and League junior girls softball team manager which was ordered to lie on the table. Budget Fiscal Year 2012 Mid-Session Review Richard Knowles led the team to the Junior SA 636. Mr. CARDIN (for himself, Mr. of the Budget projects that the unemploy- League Softball World Series for the second SCHUMER, and Mr. BROWN of Ohio) submitted ment rate may stay above 8.3 percent in 2012; time in 3 years; an amendment intended to be proposed by Whereas almost half of unemployed people Whereas in 2011, the Nunaka Valley Little him to the bill H.R. 2832, to extend the Gen- in the United States have been out of work League junior girls softball team won 4 eralized System of Preferences, and for other

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Mr. BROWN of Ohio, and Mr. BAUCUS) to the ‘‘was a substantial cause of’’; and 2271 et seq.) to find employment. bill H.R. 2832, supra; which was ordered to lie (3) in subsection (c), as redesignated and on the table. amended by section 211(a), by striking para- SA 631. Mr. MENENDEZ submitted SA 638. Mr. BINGAMAN submitted an graph (1) and redesignating paragraphs (2) an amendment intended to be proposed amendment intended to be proposed by him through (4) as paragraphs (1) through (3), re- to the bill H.R. 2832, supra; which was or- spectively. by him to the bill H.R. 2832, to extend dered to lie on the table. (b) TRADE ADJUSTMENT ASSISTANCE FOR the Generalized System of Preferences, SA 639. Mr. NELSON of Florida submitted FIRMS.—Section 251 of the Trade Act of 1974 and for other purposes; which was or- an amendment intended to be proposed by (19 U.S.C. 2341) is amended— dered to lie on the table; as follows: him to the bill H.R. 2832, supra; which was (1) in subsection (c)— At the end, add the following: ordered to lie on the table. (A) in paragraph (1)(C), by striking ‘‘con- SA 640. Mr. DEMINT submitted an amend- tributed importantly to such total or partial TITLE III—MISCELLANEOUS ment intended to be proposed by him to the separation, or threat thereof, and to’’ and in- SEC. 301. RENEWAL OF DUTY SUSPENSIONS ON bill H.R. 2832, supra; which was ordered to lie serting ‘‘were a substantial cause of such COTTON SHIRTING FABRICS AND RE- on the table. total or partial separation, or threat thereof, LATED PROVISIONS. SA 641. Mr. HATCH proposed an amend- and of’’; and (a) EXTENSIONS.—Each of the following ment to amendment SA 633 submitted by Mr. (B) in paragraph (2)— headings of the Harmonized Tariff Schedule ASEY (for himself, Mr. BROWN of Ohio, and C (i) by striking subparagraph (A); of the United States is amended by striking Mr. BAUCUS) to the bill H.R. 2832, supra. (ii) by striking ‘‘(B)’’; and everything after ‘‘suitable for use in men’s SA 642. Mr. HATCH submitted an amend- (iii) by redesignating clauses (i) and (ii) as and boys’ shirts’’ in the article description ment intended to be proposed to amendment subparagraphs (A) and (B), respectively, and column and by striking the date in the effec- SA 633 submitted by Mr. CASEY (for himself, moving such subparagraphs, as so redesig- tive date column and inserting ‘‘12/31/2013’’: Mr. BROWN of Ohio, and Mr. BAUCUS) to the nated, 2 ems to the left. (1) Heading 9902.52.08 (relating to woven bill H.R. 2832, supra; which was ordered to lie (c) TRADE ADJUSTMENT ASSISTANCE FOR fabrics of cotton). on the table. FARMERS.— SA 643. Ms. CANTWELL (for herself and (2) Heading 9902.52.09 (relating to woven (1) IN GENERAL.—Section 292(c)(3) of the fabrics of cotton). Mr. BLUNT) submitted an amendment in- Trade Act of 1974 (19 U.S.C. 2401a(c)(3)) is tended to be proposed by her to the bill H.R. (3) Heading 9902.52.10 (relating to woven amended by striking ‘‘contributed impor- fabrics of cotton). 2832, supra; which was ordered to lie on the tantly to’’ and inserting ‘‘was a substantial table. (4) Heading 9902.52.11 (relating to woven cause of’’. fabrics of cotton). f (2) CONFORMING AMENDMENT.—Section 291 (5) Heading 9902.52.12 (relating to woven of the Trade Act of 1974 (19 U.S.C. 2401) is TEXT OF AMENDMENTS fabrics of cotton). amended by striking paragraph (3) and redes- (6) Heading 9902.52.13 (relating to woven ignating paragraphs (4) through (7) as para- fabrics of cotton). SA 627. Mr. HATCH submitted an graphs (3) through (6), respectively. (7) Heading 9902.52.14 (relating to woven amendment intended to be proposed by SA 629. Mr. HATCH submitted an fabrics of cotton). him to the bill H.R. 2832, to extend the (8) Heading 9902.52.15 (relating to woven amendment intended to be proposed by fabrics of cotton). Generalized System of Preferences, and him to the bill H.R. 2832, to extend the for other purposes; which was ordered (9) Heading 9902.52.16 (relating to woven Generalized System of Preferences, and fabrics of cotton). to lie on the table; as follows: for other purposes; which was ordered (10) Heading 9902.52.17 (relating to woven On page 33, between lines 7 and 8, insert to lie on the table; as follows: fabrics of cotton). the following: At the end, add the following: (11) Heading 9902.52.18 (relating to woven SEC. 231. EFFECTIVE DATE FOR TRADE ADJUST- TITLE III—MISCELLANEOUS fabrics of cotton). MENT ASSISTANCE CONTINGENT ON (12) Heading 9902.52.19 (relating to woven ENACTMENT OF CERTAIN FREE SEC. 301. REPORT ON IMPACT OF FREE TRADE AGREEMENTS ON EMPLOYMENT IN fabrics of cotton). TRADE AGREEMENT IMPLEMENTING (13) Heading 9902.52.20 (relating to woven BILLS. THE UNITED STATES. fabrics of cotton). Notwithstanding section 201(b) or any (a) IN GENERAL.—Not later than 1 year (14) Heading 9902.52.21 (relating to woven other provision of this subtitle, the amend- after the date on which a free trade agree- fabrics of cotton). ments made by this subtitle shall take effect ment specified in subsection (b) enters into (15) Heading 9902.52.22 (relating to woven on the date on which the United States– force, the Secretary of Labor shall submit to fabrics of cotton). Korea Free Trade Agreement Implementa- Congress a report assessing— (16) Heading 9902.52.23 (relating to woven tion Act, the United States–Colombia Trade (1) the number of workers dislocated be- fabrics of cotton). Promotion Agreement Implementation Act, cause of the entry into force of that agree- (17) Heading 9902.52.24 (relating to woven and the United States–Panama Trade Pro- ment; and fabrics of cotton). motion Agreement Implementation Act have (2) the overall impact of that agreement on (18) Heading 9902.52.25 (relating to woven been enacted into law. employment in the United States. (b) FREE TRADE AGREEMENTS SPECIFIED.—A fabrics of cotton). SA 628. Mr. HATCH submitted an free trade agreement specified in this sub- (19) Heading 9902.52.26 (relating to woven section is— amendment intended to be proposed by fabrics of cotton). (1) the United States–Korea Free Trade (20) Heading 9902.52.27 (relating to woven him to the bill H.R. 2832, to extend the Agreement; fabrics of cotton). Generalized System of Preferences, and (2) the United States–Colombia Trade Pro- (21) Heading 9902.52.28 (relating to woven for other purposes; which was ordered motion Agreement; or fabrics of cotton). to lie on the table; as follows: (3) the United States–Panama Trade Pro- (22) Heading 9902.52.29 (relating to woven On page 33, between lines 6 and 7, insert motion Agreement. fabrics of cotton). the following: (23) Heading 9902.52.30 (relating to woven SA 630. Mr. HATCH submitted an SEC. 224. MODIFICATION OF TRADE ADJUSTMENT fabrics of cotton). ASSISTANCE ELIGIBILITY REQUIRE- amendment intended to be proposed by (24) Heading 9902.52.31 (relating to woven MENTS. him to the bill H.R. 2832, to extend the fabrics of cotton). (a) TRADE ADJUSTMENT ASSISTANCE FOR Generalized System of Preferences, and (b) EXTENSION OF DUTY REFUNDS AND PIMA WORKERS.—Section 222 of the Trade Act of for other purposes; which was ordered COTTON TRUST FUND; MODIFICATION OF AFFI- 1974 (19 U.S.C. 2272), as amended by section to lie on the table; as follows: DAVIT REQUIREMENTS.—Section 407 of title IV 211(a), is further amended— On page 21, between lines 2 and 3, insert of division C of the Tax Relief and Health (1) in subsection (a)(2)— the following: Care Act of 2006 (Public Law 109–432; 120 Stat. (A) in subparagraph (A)(iii), by striking 3060) is amended— SEC. 217. PLAN TO LEVERAGE PRIVATE SECTOR ‘‘contributed importantly to such workers’ RESOURCES TO ASSIST WORKERS (1) in subsection (b)— separation or threat of separation and to’’ ELIGIBLE FOR TRADE ADJUSTMENT (A) in paragraph (1), by striking ‘‘amounts and inserting ‘‘was a substantial cause of ASSISTANCE. determined by the Secretary’’ and all that such workers’ separation or threat of separa- Not later than 180 days after the date of follows through ‘‘5208.59.80’’ and inserting tion and of’’; and the enactment of this Act, the Secretary of ‘‘amounts received in the general fund that

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are attributable to duties received since Jan- (c) POINT OF ORDER IN SENATE.— Sec. 222. Trade adjustment assistance for uary 1, 2004, on articles classified under (1) IN GENERAL.—The Senate shall cease communities. heading 5208’’; and consideration of a bill to implement a trade Sec. 223. Trade adjustment assistance for (B) in paragraph (2), by striking ‘‘October agreement (or to extend permanent normal farmers. 1, 2008’’ and inserting ‘‘December 31, 2013’’; trade relations), if— PART IV—GENERAL PROVISIONS (2) in subsection (c)— (A) a point of order is made by any Senator Sec. 231. Applicability of trade adjustment (A) in the matter preceding paragraph (1), against the bill because the bill is not ac- assistance provisions. by striking ‘‘beginning in fiscal year 2007’’ companied by a certification described in Sec. 232. Termination provisions. and inserting ‘‘for fiscal year 2011 and each subsection (b); and Sec. 233. Sunset provisions. fiscal year thereafter’’; (B) the point of order is sustained by the Subtitle B—Health Coverage Improvement (B) by striking ‘‘grown in the United presiding officer. States’’ each place it appears; and (2) WAIVERS AND APPEALS.— Sec. 241. Health care tax credit. Sec. 242. TAA pre-certification period rule (C) in paragraph (2), in the matter pre- (A) WAIVERS.—Before the presiding officer ceding subparagraph (A), by inserting ‘‘that rules on a point of order described in para- for purposes of determining produce ring spun cotton yarns in the United graph (1), any Senator may move to waive whether there is a 63-day lapse States’’ after ‘‘of pima cotton’’; the point of order and the motion to waive in creditable coverage. Sec. 243. Extension of COBRA benefits for (3) in subsection (d)— shall not be subject to amendment. A point certain TAA-eligible individ- (A) in the matter preceding paragraph (1), of order described in paragraph (1) is waived uals and PBGC recipients. by inserting ‘‘annually’’ after ‘‘provided’’; only by the affirmative vote of a majority of and the Members of the Senate, duly chosen and Subtitle C—Offsets (B) in paragraph (1), by inserting ‘‘during sworn. PART I—UNEMPLOYMENT COMPENSATION the year in which the affidavit is filed and’’ (B) APPEALS.—After the presiding officer PROGRAM INTEGRITY after ‘‘imported cotton fabric’’; and rules on a point of order under this para- Sec. 251. Mandatory penalty assessment on (4) in subsection (f)— graph, any Senator may appeal the ruling of fraud claims. (A) in the matter preceding paragraph (1), the presiding officer on the point of order as Sec. 252. Prohibition on noncharging due to by inserting ‘‘annually’’ after ‘‘provided’’; it applies to some or all of the provisions on employer fault. and which the presiding officer ruled. A ruling of Sec. 253. Reporting of rehired employees to (B) in paragraph (1)— the presiding officer on a point of order de- the directory of new hires. (i) by striking ‘‘grown in the United scribed in paragraph (1) is sustained unless a PART II—ADDITIONAL OFFSETS States’’ and inserting ‘‘during the year in majority of the Members of the Senate, duly Sec. 261. Improvements to contracts with which the affidavit is filed and’’; and chosen and sworn, vote not to sustain the Medicare quality improvement (ii) by inserting ‘‘in the United States’’ ruling. organizations (QIOs) in order to after ‘‘cotton yarns’’. (C) DEBATE.—Debate on a motion to waive improve the quality of care fur- (c) EFFECTIVE DATE.—The amendments under subparagraph (A) or on an appeal of nished to Medicare bene- made by this section shall take effect on the the ruling of the presiding officer under sub- ficiaries. date of the enactment of this Act and apply paragraph (B) shall be limited to 1 hour. The Sec. 262. Rates for merchandise processing with respect to affidavits filed on or after time shall be equally divided between, and fees. such date of enactment. controlled by, the majority leader and the Sec. 263. Time for remitting certain mer- minority leader of the Senate, or their des- chandise processing fees. SA 632. Ms. SNOWE submitted an ignees. amendment intended to be proposed by Subtitle A—Extension of Trade Adjustment Assistance her to the bill H.R. 2832, to extend the SA 633. Mr. CASEY (for himself, Mr. Generalized System of Preferences, and BROWN of Ohio, and Mr. BAUCUS) sub- PART I—APPLICATION OF PROVISIONS mitted an amendment intended to be RELATING TO TRADE ADJUSTMENT AS- for other purposes; which was ordered SISTANCE to lie on the table; as follows: proposed by him to the bill H.R. 2832, to extend the Generalized System of SEC. 201. APPLICATION OF PROVISIONS RELAT- At the end, insert the following: ING TO TRADE ADJUSTMENT ASSIST- Preferences, and for other purposes; TITLE ll—CURRENCY EXCHANGE RATE ANCE. TRANSPARENCY which was ordered to lie on the table; (a) REPEAL OF SNAPBACK.—Section 1893 of as follows: SECTION l01. SHORT TITLE. the Trade and Globalization Adjustment As- This title may be cited as the ‘‘Currency At the end, add the following: sistance Act of 2009 (Public Law 111–5; 123 Exchange Rate Transparency Act’’. TITLE II—TRADE ADJUSTMENT Stat. 422) is repealed. (b) APPLICABILITY OF CERTAIN PROVI- SEC. l02. LIMITATIONS ON BILLS IMPLE- ASSISTANCE SIONS.—Except as otherwise provided in this MENTING TRADE AGREEMENTS. SEC. 200. SHORT TITLE; TABLE OF CONTENTS. subtitle, the provisions of chapters 2 through (a) IN GENERAL.—Notwithstanding section (a) SHORT TITLE.—This title may be cited 6 of title II of the Trade Act of 1974, as in ef- 151 of the Trade Act of 1974 (19 U.S.C. 2191) or as the ‘‘Trade Adjustment Assistance Exten- fect on February 12, 2011, and as amended by any other provision of law, any bill imple- sion Act of 2011’’. this subtitle, shall— menting a trade agreement between the (b) TABLE OF CONTENTS.—The table of con- (1) take effect on the date of the enactment United States and another country (or ex- tents for this title is as follows: of this Act; and tending permanent normal trade relations) TITLE II—TRADE ADJUSTMENT (2) apply to petitions for certification filed shall be subject to a point of order pursuant ASSISTANCE under chapters 2, 3, or 6 of title II of the to subsection (c) unless— Sec. 200. Short title; table of contents. Trade Act of 1974 on or after such date of en- (1) the bill is accompanied by a Presi- Subtitle A—Extension of Trade Adjustment actment. dential certification described in subsection Assistance (c) REFERENCES.—Except as otherwise pro- (b); and PART I—APPLICATION OF PROVISIONS vided in this subtitle, whenever in this sub- (2) the bill contains a provision approving RELATING TO TRADE ADJUSTMENT ASSISTANCE title an amendment or repeal is expressed in that certification. terms of an amendment to, or repeal of, a (b) CERTIFICATION.— Sec. 201. Application of provisions relating provision of chapters 2 through 6 of title II of (1) IN GENERAL.—A certification described to trade adjustment assistance. the Trade Act of 1974, the reference shall be in this subsection means a certification sub- PART II—TRADE ADJUSTMENT ASSISTANCE considered to be made to a provision of any mitted by the President to the Congress FOR WORKERS such chapter, as in effect on February 12, that, in the 10-year period preceding the cer- Sec. 211. Group eligibility requirements. 2011. tification, the government of a country de- Sec. 212. Reductions in waivers from train- scribed in paragraph (2) has not engaged in ing. PART II—TRADE ADJUSTMENT the intervention or manipulation of the rate Sec. 213. Limitations on trade readjustment ASSISTANCE FOR WORKERS of exchange between that country’s currency allowances. SEC. 211. GROUP ELIGIBILITY REQUIREMENTS. and the United States dollar for purposes of Sec. 214. Funding of training, employment (a) IN GENERAL.—Section 222 of the Trade preventing effective balance of payments ad- and case management services, Act of 1974 (19 U.S.C. 2272) is amended— justments or gaining unfair competitive ad- and job search and relocation (1) by striking subsection (b); vantage in international trade. allowances. (2) by redesignating subsections (c) (2) COUNTRY DESCRIBED.—A country de- Sec. 215. Reemployment trade adjustment through (f) as subsections (b) through (e), re- scribed in this paragraph is a country— assistance. spectively; (A) with respect to which the United Sec. 216. Program accountability. (3) in paragraph (2) of subsection (b), as re- States is entering into a trade agreement; or Sec. 217. Extension. designated, by striking ‘‘(d)’’ and inserting (B) with respect to which the United PART III—OTHER ADJUSTMENT ASSISTANCE ‘‘(c)’’; States is extending permanent normal trade Sec. 221. Trade adjustment assistance for (4) in subsection (c), as redesignated, by relations firms. striking paragraph (5); and

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.027 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5779 (5) in paragraph (2) of subsection (d), as re- SEC. 214. FUNDING OF TRAINING, EMPLOYMENT not extend the period for which such funds designated, by striking ‘‘, (b), or (c)’’ and in- AND CASE MANAGEMENT SERVICES, are available for expenditure.’’. AND JOB SEARCH AND RELOCATION serting ‘‘or (b)’’. (d) JOB SEARCH ALLOWANCES.—Section 237 ALLOWANCES. (b) CONFORMING AMENDMENTS.—Section 247 of the Trade Act of 1974 (19 U.S.C. 2297) is (a) IN GENERAL.—Section 236(a)(2) of the of the Trade Act of 1974 (19 U.S.C. 2319) is amended— Trade Act of 1974 (19 U.S.C. 2296(a)(2)) is amended— (1) in subsection (a)(1)— amended— (1) in paragraph (3)— (A) by striking ‘‘An adversely affected (1) by inserting ‘‘and sections 235, 237, and (A) in the matter preceding subparagraph worker’’ and inserting ‘‘Each State may use 238’’ after ‘‘to carry out this section’’ each (A), by striking ‘‘Subject to section 222(d)(5), funds made available to the State to carry place it appears; the term’’ and inserting ‘‘The term’’; and out sections 235 through 238 to allow an ad- (2) in subparagraph (A)— (B) in subparagraph (A), by striking ‘‘, versely affected worker’’; and (A) in the matter preceding clause (i), by service sector firm, or public agency’’ and in- (B) by striking ‘‘may’’ and inserting ‘‘to’’; striking ‘‘of payments that may be made serting ‘‘or service sector firm’’; (2) in subsection (b)— under paragraph (1)’’ and inserting ‘‘of funds (2) by striking paragraph (7); and (A) in paragraph (1)— available to carry out this section and sec- (3) by redesignating paragraphs (8) through (i) by striking ‘‘An’’ and inserting ‘‘Any’’; tions 235, 237, and 238’’; and (19) as paragraphs (7) through (18), respec- and (B) by striking clauses (i) and (ii) and in- tively. (ii) by striking ‘‘all necessary job search serting the following: SEC. 212. REDUCTIONS IN WAIVERS FROM TRAIN- expenses’’ and inserting ‘‘not more than 90 ‘‘(i) $575,000,000 for each of fiscal years 2012 ING. percent of the necessary job search expenses and 2013; and (a) IN GENERAL.—Section 231(c) of the of the worker’’; and ‘‘(ii) $143,750,000 for the 3-month period be- Trade Act of 1974 (19 U.S.C. 2291(c)) is amend- (B) in paragraph (2), by striking ‘‘$1,500’’ ginning on October 1, 2013, and ending on De- ed— and inserting ‘‘$1,250’’; and cember 31, 2013.’’; (1) in paragraph (1)— (3) in subsection (c), by striking ‘‘the Sec- (3) in subparagraph (C)(ii)(V), by striking (A) by striking subparagraphs (A), (B), and retary shall’’ and inserting ‘‘a State may’’. (C); and ‘‘relating to the provision of training under (e) RELOCATION ALLOWANCES.—Section 238 (B) by redesignating subparagraphs (D), this section’’ and inserting ‘‘to carry out this of the Trade Act of 1974 (19 U.S.C. 2298) is (E), and (F) as subparagraphs (A), (B), and section and sections 235, 237, and 238’’; and amended— (C), respectively; and (4) in subparagraph (E), by striking ‘‘to pay (1) in subsection (a)(1)— (2) in paragraph (3)(B), by striking ‘‘(D), the costs of training approved under this sec- (A) by striking ‘‘Any adversely affected (E), or (F)’’ and inserting ‘‘or (C)’’. tion’’ and inserting ‘‘to carry out this sec- worker’’ and inserting ‘‘Each State may use (b) GOOD CAUSE EXCEPTION.—Section 234(b) tion and sections 235, 237, and 238’’. funds made available to the State to carry of the Trade Act of 1974 (19 U.S.C. 2294(b)) is (b) LIMITATIONS ON ADMINISTRATIVE EX- out sections 235 through 238 to allow an ad- amended to read as follows: PENSES AND EMPLOYMENT AND CASE MANAGE- versely affected worker’’; and ‘‘(b) SPECIAL RULE ON GOOD CAUSE FOR MENT SERVICES.— (B) by striking ‘‘may file’’ and inserting WAIVER OF TIME LIMITS OR LATE FILING OF (1) IN GENERAL.—Section 235A of the Trade ‘‘to file’’; and CLAIMS.—The Secretary shall establish pro- Act of 1974 (19 U.S.C. 2295a) is amended— (2) in subsection (b)— cedures and criteria that allow for a waiver (A) in the section heading, by striking (A) in the matter preceding paragraph (1)— for good cause of the time limitations with ‘‘FUNDING FOR’’ and inserting ‘‘LIMITA- (i) by striking ‘‘The’’ and inserting ‘‘Any’’; respect to an application for a trade read- TIONS ON’’; and and justment allowance or enrollment in train- (B) by striking subsections (a) and (b) and (ii) by striking ‘‘includes’’ and inserting ing under this chapter.’’. inserting the following: ‘‘shall include’’; SEC. 213. LIMITATIONS ON TRADE READJUST- ‘‘Of the funds made available to a State to (B) in paragraph (1), by striking ‘‘all’’ and MENT ALLOWANCES. carry out sections 235 through 238 for a fiscal inserting ‘‘not more than 90 percent of the’’; Section 233 of the Trade Act of 1974 (19 year, the State shall use— and U.S.C. 2293) is amended— ‘‘(1) not more than 10 percent for the ad- (C) in paragraph (2), by striking ‘‘$1,500’’ (1) in subsection (a)— ministration of the trade adjustment assist- and inserting ‘‘$1,250’’. (A) in paragraph (2), in the matter pre- ance for workers program under this chap- ceding subparagraph (A), by striking ‘‘(or’’ ter, including for— (f) CONFORMING AMENDMENTS.—Section 236 and all that follows through ‘‘period)’’; and ‘‘(A) processing waivers of training re- of the Trade Act of 1974 (19 U.S.C. 2296) is (B) in paragraph (3)— quirements under section 231; amended— (i) in the matter preceding subparagraph ‘‘(B) collecting, validating, and reporting (1) in subsection (b), in the first sentence, (A), by striking ‘‘78’’ and inserting ‘‘65’’; and data required under this chapter; and by striking ‘‘approppriate’’ and inserting (ii) by striking ‘‘91-week period’’ each ‘‘(C) providing reemployment trade adjust- ‘‘appropriate’’; and place it appears and inserting ‘‘78-week pe- ment assistance under section 246; and (2) by striking subsection (g) and redesig- riod’’; and ‘‘(2) not less than 5 percent for employ- nating subsection (h) as subsection (g). (2) by amending subsection (f) to read as ment and case management services under SEC. 215. REEMPLOYMENT TRADE ADJUSTMENT follows: section 235.’’. ASSISTANCE. ‘‘(f) PAYMENT OF TRADE READJUSTMENT AL- (2) CLERICAL AMENDMENT.—The table of (a) IN GENERAL.—Section 246(a) of the LOWANCES TO COMPLETE TRAINING.—Notwith- contents for the Trade Act of 1974 is amended Trade Act of 1974 (19 U.S.C. 2318(a)) is amend- standing any other provision of this section, by striking the item relating to section 235A ed— in order to assist an adversely affected work- and inserting the following: (1) in paragraph (3)(B)(ii), by striking er to complete training approved for the ‘‘$55,000’’ and inserting ‘‘$50,000’’; and worker under section 236 that leads to the ‘‘Sec. 235A. Limitations on administrative (2) in paragraph (5)— completion of a degree or industry-recog- expenses and employment and (A) in subparagraph (A)(i), by striking nized credential, payments may be made as case management services.’’. ‘‘$12,000’’ and inserting ‘‘$10,000’’; and trade readjustment allowances for not more (c) REALLOTMENT OF FUNDS.—Section 245 of (B) in subparagraph (B)(i), by striking than 13 weeks within such period of eligi- the Trade Act of 1974 (19 U.S.C. 2317) is ‘‘$12,000’’ and inserting ‘‘$10,000’’. bility as the Secretary may prescribe to ac- amended by adding at the end the following: (b) EXTENSION.—Section 246(b)(1) of the count for a break in training or for justifi- ‘‘(c) REALLOTMENT OF FUNDS.— Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is able cause that follows the last week for ‘‘(1) IN GENERAL.—The Secretary may— amended by striking ‘‘February 12, 2011’’ and which the worker is otherwise entitled to a ‘‘(A) reallot funds that were allotted to inserting ‘‘December 31, 2013’’. trade readjustment allowance under this any State to carry out sections 235 through chapter if— 238 and that remain unobligated by the State SEC. 216. PROGRAM ACCOUNTABILITY. ‘‘(1) payment of the trade readjustment al- during the second or third fiscal year after (a) CORE INDICATORS OF PERFORMANCE.— lowance for not more than 13 weeks is nec- the fiscal year in which the funds were pro- (1) IN GENERAL.—Section 239(j)(2)(A) of the essary for the worker to complete the train- vided to the State; and Trade Act of 1974 (19 U.S.C. 2311(j)(2)(A)) is ing; ‘‘(B) provide such realloted funds to States amended to read as follows: ‘‘(2) the worker participates in training in to carry out sections 235 through 238 in ac- ‘‘(A) IN GENERAL.—The core indicators of each such week; and cordance with procedures established by the performance described in this paragraph ‘‘(3) the worker— Secretary. are— ‘‘(A) has substantially met the perform- ‘‘(2) REQUESTS BY STATES.—In establishing ‘‘(i) the percentage of workers receiving ance benchmarks established as part of the procedures under paragraph (1)(B), the Sec- benefits under this chapter who are em- training approved for the worker; retary shall include procedures that provide ployed during the first or second calendar ‘‘(B) is expected to continue to make for the distribution of realloted funds under quarter following the calendar quarter in progress toward the completion of the train- that paragraph pursuant to requests sub- which the workers cease receiving such bene- ing; and mitted by States in need of such funds. fits; ‘‘(C) will complete the training during that ‘‘(3) AVAILABILITY OF AMOUNTS.—The real- ‘‘(ii) the percentage of such workers who period of eligibility.’’. lotment of funds under paragraph (1) shall are employed during the 2 calendar quarters

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.029 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5780 CONGRESSIONAL RECORD — SENATE September 20, 2011 following the earliest calendar quarter dur- ‘‘(A) The total amount of funds used to pay ‘‘(15) The financial contribution made by ing which the worker was employed as de- for trade readjustment allowances, in the ag- each firm participating in the program. scribed in clause (i); gregate and by each State. ‘‘(16) The types of technical assistance in- ‘‘(iii) the average earnings of such workers ‘‘(B) The total amount of the payments to cluded in the business recovery plans of who are employed during the 2 calendar the States to carry out sections 235 through firms participating in the program. quarters described in clause (ii); and 238 used for training, in the aggregate and ‘‘(17) The number of firms leaving the pro- ‘‘(iv) the percentage of such workers who for each State. gram before completing the project or obtain a recognized postsecondary creden- ‘‘(C) The total amount of payments to the projects in their business recovery plans and tial, including an industry-recognized cre- States to carry out sections 235 through 238 the reason the project or projects were not dential, or a secondary school diploma or its used for the costs of administration, in the completed. recognized equivalent if combined with em- aggregate and for each State. ‘‘(18) The total amount expended by all ployment under clause (i), while receiving ‘‘(D) The total amount of payments to the intermediary organizations referred to in benefits under this chapter or during the 1- States to carry out sections 235 through 238 section 253(b)(1) and by each such organiza- year period after such workers cease receiv- used for job search and relocation allow- tion to administer the program. ing such benefits.’’. ances, in the aggregate and for each State.’’. ‘‘(19) The total amount expended by inter- (2) EFFECTIVE DATE.—The amendment (2) EFFECTIVE DATE.—Not later than Octo- mediary organizations to provide technical made by paragraph (1) shall— ber 1, 2012, the Secretary of Labor shall up- assistance to firms under the program na- (A) take effect on October 1, 2011; and date the system required by section 249B(a) tionally and in each region served by such an (B) apply with respect to agreements under of the Trade Act of 1974 (19 U.S.C. 2323(a)) to organization. section 239 of the Trade Act of 1974 (19 U.S.C. include the collection of and reporting on ‘‘(b) CLASSIFICATION OF DATA.—To the ex- 2311) entered into before, on, or after October the data required by the amendments made tent possible, in collecting and reporting the 1, 2011. by paragraph (1). data described in subsection (a), the Sec- (3) ANNUAL REPORT.—Section 249B(d) of the (b) COLLECTION AND PUBLICATION OF retary shall classify the data by inter- Trade Act of 1974 (19 U.S.C. 2323(d)) is amend- DATA.— mediary organization, State, and national ed by striking ‘‘December 15’’ and inserting (1) IN GENERAL.—Section 249B(b) of the totals. ‘‘February 15’’. Trade Act of 1974 (19 U.S.C. 2323(b)) is amend- ‘‘(c) REPORT TO CONGRESS; PUBLICATION.— SEC. 217. EXTENSION. ed— The Secretary shall— Section 245(a) of the Trade Act of 1974 (19 (A) in paragraph (2)— ‘‘(1) submit the report described in sub- U.S.C. 2317(a)) is amended by striking ‘‘Feb- (i) in subparagraph (B), by inserting ‘‘(in- section (a) to the Committee on Finance of ruary 12, 2011’’ and inserting ‘‘December 31, the Senate and the Committee on Ways and cluding such allowances classified by pay- 2013’’. ments under paragraphs (1) and (3) of section Means of the House of Representatives; and 233(a), and section 233(f), respectively) and PART III—OTHER ADJUSTMENT ‘‘(2) publish the report in the Federal Reg- payments under section 246’’ after ‘‘readjust- ASSISTANCE ister and on the website of the Department ment allowances’’; and SEC. 221. TRADE ADJUSTMENT ASSISTANCE FOR of Commerce. (ii) by adding at the end the following: FIRMS. ‘‘(d) PROTECTION OF CONFIDENTIAL INFORMA- ‘‘(D) The average number of weeks trade (a) ANNUAL REPORT.— TION.— readjustment allowances were paid to work- (1) IN GENERAL.—Chapter 3 of title II of the ‘‘(1) IN GENERAL.—The Secretary may not Trade Act of 1974 (19 U.S.C. 2341 et seq.) is ers. release information described in subsection amended by inserting after section 255 the ‘‘(E) The number of workers who report (a) that the Secretary considers to be con- following: that they have received benefits under a fidential business information unless the prior certification issued under this chapter ‘‘SEC. 255A. ANNUAL REPORT ON TRADE ADJUST- person submitting the confidential business MENT ASSISTANCE FOR FIRMS. in any of the 10 fiscal years preceding the fis- information had notice, at the time of sub- ‘‘(a) IN GENERAL.—Not later than Decem- mission, that such information would be re- cal year for which the data is collected under ber 15, 2012, and annually thereafter, the Sec- this section.’’; leased by the Secretary, or such person sub- retary shall prepare a report containing data sequently consents to the release of the in- (B) in paragraph (3)— regarding the trade adjustment assistance (i) in subparagraph (A), by inserting formation. for firms program under this chapter for the ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘training leading to an associate’s degree, preceding fiscal year. The data shall include remedial education, prerequisite education,’’ this subsection shall be construed to prohibit the following: the Secretary from providing information after ‘‘distance learning,’’; ‘‘(1) The number of firms that inquired (ii) by amending subparagraph (B) to read the Secretary considers to be confidential about the program. business information under paragraph (1) to as follows: ‘‘(2) The number of petitions filed under ‘‘(B) The number of workers who complete a court in camera or to another party under section 251. a protective order issued by a court.’’. training approved under section 236 who were ‘‘(3) The number of petitions certified and enrolled in pre-layoff training or part-time (2) CLERICAL AMENDMENT.—The table of denied by the Secretary. contents for the Trade Act of 1974 is amended training at any time during that training.’’; ‘‘(4) The average time for processing peti- (iii) in subparagraph (C), by inserting ‘‘, by inserting after the item relating to sections after the petitions are filed. tion 255 the following: and the average duration of training that ‘‘(5) The number of petitions filed and does not include remedial or prerequisite firms certified for each congressional dis- ‘‘Sec. 255A. Annual report on trade adjust- education’’ after ‘‘training’’; trict of the United States. ment assistance for firms.’’. (iv) in subparagraph (E), by striking ‘‘dura- ‘‘(6) Of the number of petitions filed, the (3) CONFORMING REPEAL.—Effective on the tion’’ and inserting ‘‘average duration’’; and number of firms that entered the program day after the date on which the Secretary of (v) in subparagraph (F), by inserting ‘‘and and received benefits. Commerce submits the report required by the average duration of the training that ‘‘(7) The number of firms that received as- section 1866 of the Trade and Globalization was completed by such workers’’ after sistance in preparing their petitions. Adjustment Assistance Act of 2009 (19 U.S.C. ‘‘training’’; and ‘‘(8) The number of firms that received as- 2356) for fiscal year 2011, such section is re- (C) in paragraph (4)— sistance developing business recovery plans. pealed. (i) by redesignating subparagraph (B) as ‘‘(9) The number of business recovery plans (b) EXTENSION.—Section 255(a) of the Trade subparagraph (D); and approved and denied by the Secretary. Act of 1974 (19 U.S.C. 2345(a)) is amended— (ii) by inserting after subparagraph (A) the ‘‘(10) The average duration of benefits re- (1) by striking ‘‘$50,000,000’’ and all that following: ceived under the program nationally and in follows through ‘‘February 12, 2011.’’ and in- ‘‘(B) A summary of the data on workers in each region served by an intermediary orga- serting ‘‘$16,000,000 for each of the fiscal the quarterly reports required under section nization referred to in section 253(b)(1). years 2012 and 2013, and $4,000,000 for the 3- 239(j) classified by the age, pre-program edu- ‘‘(11) Sales, employment, and productivity month period beginning on October 1, 2013, cational level, and post-program credential at each firm participating in the program at and ending on December 31, 2013.’’; and attainment of the workers. the time of certification. (2) by striking ‘‘shall—’’ and all that fol- ‘‘(C) The average earnings of workers de- ‘‘(12) Sales, employment, and productivity lows through ‘‘otherwise remain’’ and insert- scribed in section 239(j)(2)(A)(i) in the sec- at each firm upon completion of the program ing ‘‘shall remain’’. ond, third, and fourth calendar quarters fol- and each year for the 2-year period following SEC. 222. TRADE ADJUSTMENT ASSISTANCE FOR lowing the calendar quarter in which such completion of the program. COMMUNITIES. workers cease receiving benefits under this ‘‘(13) The number of firms in operation as (a) IN GENERAL.—Chapter 4 of title II of the chapter, expressed as a percentage of the av- of the date of the report and the number of Trade Act of 1974 (19 U.S.C. 2371 et seq.) is erage earnings of such workers in the 3 cal- firms that ceased operations after com- amended— endar quarters before the calendar quarter in pleting the program and in each year during (1) by striking subchapters A, C, and D; which such workers began receiving benefits the 2-year period following completion of the (2) in subchapter B, by striking the sub- under this chapter.’’; and program. chapter heading; and (D) by adding at the end the following: ‘‘(14) The financial assistance received by (3) by redesignating sections 278 and 279 as ‘‘(6) DATA ON SPENDING.— each firm participating in the program. sections 271 and 272, respectively.

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(b) ANNUAL REPORT.— ‘‘(d) ANNUAL REPORT.—Not later than Jan- PART IV—GENERAL PROVISIONS (1) IN GENERAL.—Subsection (e) of section uary 30 of each year, the Secretary shall sub- SEC. 231. APPLICABILITY OF TRADE ADJUST- 271 of the Trade Act of 1974, as redesignated mit to the Committee on Finance of the Sen- MENT ASSISTANCE PROVISIONS. by subsection (a)(3), is amended— ate and the Committee on Ways and Means (a) TRADE ADJUSTMENT ASSISTANCE FOR (A) in the matter preceding paragraph (1), of the House of Representatives a report con- WORKERS.— taining the following information with re- by striking ‘‘December 15 in each of the cal- (1) PETITIONS FILED ON OR AFTER FEBRUARY spect to the trade adjustment assistance for endar years 2009 through’’ and inserting ‘‘De- 13, 2011, AND BEFORE DATE OF ENACTMENT.— farmers program under this chapter during cember 15, 2009,’’; (A) CERTIFICATIONS OF WORKERS NOT CER- the preceding fiscal year: (B) in paragraph (1), by striking ‘‘and’’ at TIFIED BEFORE DATE OF ENACTMENT.— ‘‘(1) A list of the agricultural commodities the end; (i) CRITERIA IF A DETERMINATION HAS NOT covered by a certification under this chapter. (C) in paragraph (2), by striking the period BEEN MADE.—If, as of the date of the enact- ‘‘(2) The States or regions in which agricul- at the end and inserting ‘‘; and’’; and ment of this Act, the Secretary of Labor has tural commodities are produced and the ag- (D) by adding at the end the following: not made a determination with respect to gregate amount of such commodities pro- ‘‘(3) providing the following data relating whether to certify a group of workers as eli- duced in each such State or region. to program performance and outcomes: gible to apply for adjustment assistance ‘‘(3) The number of petitions filed. ‘‘(A) Of the grants awarded under this sec- under section 222 of the Trade Act of 1974 ‘‘(4) The number of petitions certified and tion, the amount of funds spent by grantees. pursuant to a petition described in clause denied by the Secretary. ‘‘(B) The average dollar amount of grants (iii), the Secretary shall make that deter- awarded under this section. ‘‘(5) The average time for processing petitions. mination based on the requirements of sec- ‘‘(C) The average duration of grants award- tion 222 of the Trade Act of 1974, as in effect ed under this section. ‘‘(6) The number of petitions filed and agricultural commodity producers approved for on such date of enactment. ‘‘(D) The percentage of workers receiving (ii) RECONSIDERATION OF DENIALS OF CER- benefits under chapter 2 that are served by each congressional district of the United States. TIFICATIONS.—If, before the date of the enact- programs developed, offered, or improved ment of this Act, the Secretary made a de- using grants awarded under this section. ‘‘(7) Of the number of producers approved, the number of agricultural commodity pro- termination not to certify a group of work- ‘‘(E) The percentage and number of workers as eligible to apply for adjustment assist- ers receiving benefits under chapter 2 who ducers that entered the program and received benefits. ance under section 222 of the Trade Act of obtained a degree through such programs ‘‘(8) The number of agricultural com- 1974 pursuant to a petition described in and the average duration of the participation modity producers that completed initial clause (iii), the Secretary shall— of such workers in training under section technical assistance. (I) reconsider that determination; and 236. ‘‘(9) The number of agricultural com- (II) if the group of workers meets the re- ‘‘(F) The number of workers receiving ben- modity producers that completed intensive quirements of section 222 of the Trade Act of efits under chapter 2 served by such pro- technical assistance. 1974, as in effect on such date of enactment, grams who did not complete a degree and the ‘‘(10) The number of initial business plans certify the group of workers as eligible to average duration of the participation of such approved and denied by the Secretary. apply for adjustment assistance. workers in training under section 236.’’. ‘‘(11) The number of long-term business (iii) PETITION DESCRIBED.—A petition de- FFECTIVE DATE.—The amendments (2) E plans approved and denied by the Secretary. scribed in this clause is a petition for a cer- made by paragraph (1) shall— ‘‘(12) The total number of agricultural tification of eligibility for a group of work- (A) take effect on October 1, 2011; and commodity producers, by congressional dis- ers filed under section 221 of the Trade Act of (B) apply with respect to reports submitted trict, receiving initial technical assistance 1974 on or after February 13, 2011, and before under subsection (e) of section 271 of the and intensive technical assistance, respec- the date of the enactment of this Act. Trade Act of 1974, as redesignated by sub- tively, under this chapter. (B) ELIGIBILITY FOR BENEFITS.— section (a)(3), on or after October 1, 2012. ‘‘(13) The types of initial technical assist- (i) IN GENERAL.—Except as provided in (c) CONFORMING AMENDMENTS.— ance received by agricultural commodity clause (ii), a worker certified as eligible to (1) Section 271 of the Trade Act of 1974, as producers participating in the program. apply for adjustment assistance under sec- redesignated by subsection (a)(3), is amend- ‘‘(14) The types of intensive technical as- tion 222 of the Trade Act of 1974 pursuant to ed— sistance received by agricultural commodity a petition described in subparagraph (A)(iii) (A) in subsection (c)— producers participating in the program. shall be eligible, on and after the date that (i) in paragraph (4)— ‘‘(15) The number of agricultural com- is 60 days after the date of the enactment of (I) in subparagraph (A)— modity producers leaving the program before this Act, to receive benefits only under the (aa) in clause (ii), by striking the semi- completing the projects in their long-term provisions of chapter 2 of title II of the Trade colon and inserting ‘‘; and’’; business plans and the reason those projects Act of 1974, as in effect on such date of enact- (bb) by striking clauses (iii) and (iv); and were not completed. ment. (cc) by redesignating clause (v) as clause ‘‘(16) The total number of agricultural (ii) ELECTION FOR WORKERS RECEIVING BENE- (iii); commodity producers, by congressional dis- FITS ON THE 60TH DAY AFTER ENACTMENT.— (II) in subparagraph (B), by striking trict, receiving benefits under this chapter. (I) IN GENERAL.—A worker certified as eli- ‘‘(A)(v)’’ and inserting ‘‘(A)(iii)’’; and ‘‘(17) The average duration of benefits re- gible to apply for adjustment assistance (ii) in paragraph (5)(A)— ceived under this chapter. under section 222 of the Trade Act of 1974 (I) in clause (i)— ‘‘(18) The number of agricultural com- pursuant to a petition described in subpara- (aa) in the matter preceding subclause (I), modity producers in operation as of the date graph (A)(iii) who is receiving benefits under by striking ‘‘, and other entities described in of the report and the number of agricultural chapter 2 of title II of the Trade Act of 1974 section 276(a)(2)(B)’’; and commodity producers that ceased operations as of the date that is 60 days after the date (bb) in subclause (II), by striking the semi- after completing the program and in the 1- of the enactment of this Act may, not later colon and inserting ‘‘; and’’; year period following completion of the pro- than the date that is 150 days after such date (II) by striking clause (iii); and gram. of enactment, make a one-time election to (B) in subsection (d), by striking paragraph ‘‘(19) The number of agricultural com- receive benefits pursuant to— (2) and redesignating paragraph (3) as para- modity producers that report that such pro- (aa) the provisions of chapter 2 of title II of graph (2). ducers received benefits under a prior certifi- the Trade Act of 1974, as in effect on such (2) Subsection (b) of section 272 of the cation issued under this chapter in any of date of enactment; or Trade Act of 1974, as redesignated by sub- the 10 fiscal years preceding the date of the (bb) the provisions of chapter 2 of title II of section (a)(3), is amended by striking report.’’. the Trade Act of 1974, as in effect on Feb- ‘‘278(a)(2)’’ and inserting ‘‘271(a)(2)’’. (2) EFFECTIVE DATE.—The amendment ruary 13, 2011. (d) CLERICAL AMENDMENT.—The table of made by paragraph (1) shall— (II) EFFECT OF FAILURE TO MAKE ELEC- contents for the Trade Act of 1974 is amended (A) take effect on October 1, 2011; and TION.—A worker described in subclause (I) by striking the items relating to chapter 4 of (B) apply with respect to reports submitted who does not make the election described in title II and inserting the following: under section 293(d) of the Trade Act of 1974 that subclause on or before the date that is ‘‘CHAPTER 4—TRADE ADJUSTMENT ASSISTANCE (19 U.S.C. 2401b(d)) on or after October 1, 2012. 150 days after the date of the enactment of FOR COMMUNITIES (b) EXTENSION.—Section 298(a) of the Trade this Act shall be eligible to receive benefits ‘‘Sec. 271. Community College and Career Act of 1974 (19 U.S.C. 2401g(a)) is amended— only under the provisions of chapter 2 of Training Grant Program. (1) by striking ‘‘and there are appro- title II of the Trade Act of 1974, as in effect ‘‘Sec. 272. Authorization of appropriations.’’. priated’’; and on February 13, 2011. SEC. 223. TRADE ADJUSTMENT ASSISTANCE FOR (2) by striking ‘‘not to exceed’’ and all that (III) COMPUTATION OF MAXIMUM BENEFITS.— FARMERS. follows through ‘‘February 12, 2011’’ and in- Benefits received by a worker described in (a) ANNUAL REPORT.— serting ‘‘not to exceed $90,000,000 for each of subclause (I) under chapter 2 of title II of the (1) IN GENERAL.—Section 293(d) of the Trade the fiscal years 2012 and 2013, and $22,500,000 Trade Act of 1974, as in effect on February 13, Act of 1974 (19 U.S.C. 2401b(d)) is amended to for the 3-month period beginning on October 2011, before the worker makes the election read as follows: 1, 2013, and ending on December 31, 2013’’. described in that subclause shall be included

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in any determination of the maximum bene- (B) FIRM DESCRIBED.—A firm described in ‘‘(A) has substantially met the perform- fits for which the worker is eligible under this subparagraph is a firm that the Sec- ance benchmarks established as part of the the provisions of chapter 2 of title II of the retary determines would have been certified training approved for the worker; Trade Act of 1974, as in effect on the date of as eligible to apply for adjustment assist- ‘‘(B) is expected to continue to make the enactment of this Act, or as in effect on ance if— progress toward the completion of the train- February 13, 2011, whichever is applicable (i) the firm or its representative had filed ing; and after the election of the worker under sub- a petition for a certification of eligibility ‘‘(C) will complete the training during that clause (I). under section 251 of the Trade Act of 1974 on period of eligibility.’’; (2) PETITIONS FILED BEFORE FEBRUARY 13, a date during the period beginning on Feb- (3) section 245 of that Act shall be applied 2011.—A worker certified as eligible to apply ruary 13, 2011, and ending on the day before and administered by substituting ‘‘2014’’ for for adjustment assistance pursuant to a peti- the date of the enactment of this Act; and ‘‘2007’’; tion filed under section 221 of the Trade Act (ii) the provisions of chapter 3 of title II of (4) section 246(b)(1) of that Act shall be ap- of 1974— the Trade Act of 1974, as in effect on such plied and administered by substituting ‘‘De- (A) on or after May 18, 2009, and on or be- date of enactment, had been in effect on that cember 31, 2014’’ for ‘‘the date that is 5 fore February 12, 2011, shall continue to be date during the period described in clause (i). years’’ and all that follows through ‘‘State’’; eligible to apply for and receive benefits SEC. 232. TERMINATION PROVISIONS. (5) section 256(b) of that Act shall be ap- under the provisions of chapter 2 of title II of Section 285 of the Trade Act of 1974 (19 plied and administered by substituting ‘‘the such Act, as in effect on February 12, 2011; or U.S.C. 2271 note) is amended— 1-year period beginning on January 1, 2014’’ (B) before May 18, 2009, shall continue to be (1) by striking ‘‘February 12, 2011’’ each for ‘‘each of fiscal years 2003 through 2007, eligible to apply for and receive benefits place it appears and inserting ‘‘December 31, and $4,000,000 for the 3-month period begin- under the provisions of chapter 2 of title II of 2013’’; ning on October 1, 2007’’; such Act, as in effect on May 17, 2009. (2) in subsection (a)(2)— (6) section 298(a) of that Act shall be ap- (3) QUALIFYING SEPARATIONS WITH RESPECT (A) in the matter preceding subparagraph plied and administered by substituting ‘‘the TO PETITIONS FILED WITHIN 90 DAYS OF DATE OF (A), by striking ‘‘that chapter’’ and all that 1-year period beginning on January 1, 2014’’ ENACTMENT.—Section 223(b) of the Trade Act follows through ‘‘the worker is—’’ and infor ‘‘each of the fiscal years’’ and all that of 1974, as in effect on the date of the enact- serting ‘‘that chapter if the worker is—’’; follows through ‘‘October 1, 2007’’; and ment of this Act, shall be applied and admin- and (7) section 285 of that Act shall be applied istered by substituting ‘‘before February 13, (B) in subparagraph (A), by striking ‘‘peti- and administered— 2010’’ for ‘‘more than one year before the tions’’ and inserting ‘‘a petition’’; and (A) in subsection (a), by substituting date of the petition on which such certifi- (3) in subsection (b)— ‘‘2014’’ for ‘‘2007’’ each place it appears; and cation was granted’’ for purposes of deter- (A) in paragraph (1)(B), in the matter pre- (B) by applying and administering sub- mining whether a worker is eligible to apply ceding clause (i), by inserting ‘‘pursuant to a section (b) as if it read as follows: for adjustment assistance pursuant to a peti- petition filed under section 251’’ after ‘‘chap- ‘‘(b) OTHER ASSISTANCE.— tion filed under section 221 of the Trade Act ter 3’’; ‘‘(1) ASSISTANCE FOR FIRMS.— of 1974 on or after the date of the enactment (B) in paragraph (2)(B), in the matter pre- ‘‘(A) IN GENERAL.—Except as provided in of this Act and on or before the date that is ceding clause (i), by inserting ‘‘pursuant to a subparagraph (B), assistance may not be pro- 90 days after such date of enactment. petition filed under section 292’’ after ‘‘chap- vided under chapter 3 after December 31, (b) TRADE ADJUSTMENT ASSISTANCE FOR ter 6’’; and 2014. FIRMS.— (C) by striking paragraph (3). ‘‘(B) EXCEPTION.—Notwithstanding sub- (1) CERTIFICATION OF FIRMS NOT CERTIFIED SEC. 233. SUNSET PROVISIONS. paragraph (A), any assistance approved under chapter 3 on or before December 31, BEFORE DATE OF ENACTMENT.— (a) APPLICATION OF PRIOR LAW.—Subject to (A) CRITERIA IF A DETERMINATION HAS NOT subsection (b), beginning on January 1, 2014, 2014, may be provided— BEEN MADE.—If, as of the date of the enact- the provisions of chapters 2, 3, 5, and 6 of ‘‘(i) to the extent funds are available pur- ment of this Act, the Secretary of Commerce title II of the Trade Act of 1974 (19 U.S.C. 2271 suant to such chapter for such purpose; and has not made a determination with respect et seq.), as in effect on February 13, 2011, ‘‘(ii) to the extent the recipient of the as- to whether to certify a firm as eligible to shall apply, except that in applying and ad- sistance is otherwise eligible to receive such apply for adjustment assistance under sec- ministering such chapters— assistance. tion 251 of the Trade Act of 1974 pursuant to (1) paragraph (1) of section 231(c) of that ‘‘(2) FARMERS.— a petition described in subparagraph (C), the Act shall be applied and administered as if ‘‘(A) IN GENERAL.—Except as provided in Secretary shall make that determination subparagraphs (A), (B), and (C) of that para- subparagraph (B), assistance may not be pro- based on the requirements of section 251 of graph were not in effect; vided under chapter 6 after December 31, the Trade Act of 1974, as in effect on such (2) section 233 of that Act shall be applied 2014. date of enactment. and administered— ‘‘(B) EXCEPTION.—Notwithstanding sub- (B) RECONSIDERATION OF DENIAL OF CERTAIN (A) in subsection (a)— paragraph (A), any assistance approved PETITIONS.—If, before the date of the enact- (i) in paragraph (2), by substituting ‘‘104- under chapter 6 on or before December 31, ment of this Act, the Secretary made a de- week period’’ for ‘‘104-week period’’ and all 2014, may be provided— termination not to certify a firm as eligible that follows through ‘‘130-week period)’’; and ‘‘(i) to the extent funds are available pur- to apply for adjustment assistance under sec- (ii) in paragraph (3)— suant to such chapter for such purpose; and tion 251 of the Trade Act of 1974 pursuant to (I) in the matter preceding subparagraph ‘‘(ii) to the extent the recipient of the as- a petition described in subparagraph (C), the (A), by substituting ‘‘65’’ for ‘‘52’’; and sistance is otherwise eligible to receive such Secretary shall— (II) by substituting ‘‘78-week period’’ for assistance.’’. (b) EXCEPTIONS.—The provisions of chap- (i) reconsider that determination; and ‘‘52-week period’’ each place it appears; and ters 2, 3, 5, and 6 of title II of the Trade Act (ii) if the firm meets the requirements of (B) by applying and administering sub- of 1974, as in effect on the date of the enact- section 251 of the Trade Act of 1974, as in ef- section (g) as if it read as follows: ment of this Act, shall continue to apply on fect on such date of enactment, certify the ‘‘(g) PAYMENT OF TRADE READJUSTMENT AL- and after January 1, 2014, with respect to— firm as eligible to apply for adjustment as- LOWANCES TO COMPLETE TRAINING.—Notwith- sistance. standing any other provision of this section, (1) workers certified as eligible for trade adjustment assistance benefits under chapter (C) PETITION DESCRIBED.—A petition de- in order to assist an adversely affected work- scribed in this subparagraph is a petition for er to complete training approved for the 2 of title II of that Act pursuant to petitions a certification of eligibility filed by a firm or worker under section 236 that leads to the filed under section 221 of that Act before its representative under section 251 of the completion of a degree or industry-recog- January 1, 2014; Trade Act of 1974 on or after February 13, nized credential, payments may be made as (2) firms certified as eligible for technical 2011, and before the date of the enactment of trade readjustment allowances for not more assistance or grants under chapter 3 of title this Act. than 13 weeks within such period of eligi- II of that Act pursuant to petitions filed under section 251 of that Act before January (2) CERTIFICATION OF FIRMS THAT DID NOT bility as the Secretary may prescribe to ac- 1, 2014; and SUBMIT PETITIONS BETWEEN FEBRUARY 13, 2011, count for a break in training or for justifi- (3) agricultural commodity producers cer- AND DATE OF ENACTMENT.— able cause that follows the last week for tified as eligible for technical or financial as- (A) IN GENERAL.—The Secretary of Com- which the worker is otherwise entitled to a merce shall certify a firm described in sub- trade readjustment allowance under this sistance under chapter 6 of title II of that paragraph (B) as eligible to apply for adjust- chapter if— Act pursuant to petitions filed under section ment assistance under section 251 of the ‘‘(1) payment of the trade readjustment al- 292 of that Act before January 1, 2014. Trade Act of 1974, as in effect on the date of lowance for not more than 13 weeks is nec- Subtitle B—Health Coverage Improvement the enactment of this Act, if the firm or its essary for the worker to complete the train- SEC. 241. HEALTH CARE TAX CREDIT. representative files a petition for a certifi- ing; (a) TERMINATION OF CREDIT.—Subparagraph cation of eligibility under section 251 of the ‘‘(2) the worker participates in training in (B) of section 35(b)(1) of the Internal Revenue Trade Act of 1974 not later than 90 days after each such week; and Code of 1986 is amended by inserting ‘‘, and such date of enactment. ‘‘(3) the worker— before January 1, 2014’’ before the period.

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(b) EXTENSION THROUGH CREDIT TERMI- modify benefit determinations for the period individual under any such program due to NATION DATE OF CERTAIN EXPIRED CREDIT beginning on February 13, 2011, and ending 30 fraud committed by such individual, the PROVISIONS.— days after the date of the enactment of this State shall assess a penalty on such indi- (1) PARTIAL EXTENSION OF INCREASED CREDIT Act, but a plan shall not fail to be qualified vidual and deposit any such penalty received RATE.—Section 35(a) of such Code is amended health insurance within the meaning of sec- in the same manner as the State assesses by striking ‘‘65 percent (80 percent in the tion 35(e) of the Internal Revenue Code of and deposits such penalties under provisions case of eligible coverage months beginning 1986 during this period merely due to such of State law implementing section 303(a)(11) before February 13, 2011)’’ and inserting ‘‘72.5 failure to modify benefit determinations. of the Social Security Act, as added by sub- percent’’. (B) GUIDANCE CONCERNING PERIODS BEFORE section (a). (2) EXTENSION OF ADVANCE PAYMENT PROVI- 30 DAYS AFTER ENACTMENT.—Except as pro- (2) DEFINITION.—For purposes of this sub- SIONS.— vided in subparagraph (A), the Secretary of section, the term ‘‘unemployment compensa- (A) Section 7527(b) of such Code is amended the Treasury (or his designee), in consultation program of the United States’’ means— by striking ‘‘65 percent (80 percent in the tion with the Secretary of Health and (A) unemployment compensation for Fed- case of eligible coverage months beginning Human Services and the Secretary of Labor, eral civilian employees under subchapter I of before February 13, 2011)’’ and inserting ‘‘72.5 may issue regulations or other guidance re- chapter 85 of title 5, United States Code; percent’’. garding the scope of the application of the (B) unemployment compensation for ex- (B) Section 7527(d)(2) of such Code is amendments made by this section to periods servicemembers under subchapter II of chap- amended by striking ‘‘which is issued before before the date which is 30 days after the ter 85 of title 5, United States Code; February 13, 2011’’. date of the enactment of this Act. (C) trade readjustment allowances under (C) Section 7527(e) of such Code is amended (C) SPECIAL RULE RELATING TO CERTAIN sections 231 through 234 of the Trade Act of by striking ‘‘80 percent’’ and inserting ‘‘72.5 LOSS OF COVERAGE.—In the case of a TAA-re- 1974 (19 U.S.C. 2291–2294); percent’’. lated loss of coverage (as defined in section (D) disaster unemployment assistance (D) Section 7527(e) of such Code is amended 4980B(f)(5)(C)(iv) of the Internal Revenue under section 410(a) of the Robert T. Stafford by striking ‘‘In the case of eligible coverage Code of 1986) that occurs during the period Disaster Relief and Emergency Assistance months beginning before February 13, 2011— beginning on February 13, 2011, and ending 30 Act (42 U.S.C. 5177(a)); ’’. days after the date of the enactment of this (E) any Federal temporary extension of un- (3) EXTENSION OF CERTAIN OTHER RELATED Act, the 7-day period described in section employment compensation; PROVISIONS.— 9801(c)(2)(D) of the Internal Revenue Code of (F) any Federal program which increases (A) Section 35(c)(2)(B) of such Code is 1986, section 701(c)(2)(C) of the Employee Re- the weekly amount of unemployment com- amended by striking ‘‘and before February tirement Income Security Act of 1974, and pensation payable to individuals; and 13, 2011’’. section 2701(c)(2)(C) of the Public Health (G) any other Federal program providing (B) Section 35(e)(1)(K) of such Code is Service Act shall be extended until 30 days for the payment of unemployment com- amended by striking ‘‘In the case of eligible after such date of enactment. pensation. coverage months beginning before February SEC. 243. EXTENSION OF COBRA BENEFITS FOR (c) EFFECTIVE DATE.— 13, 2012, coverage’’ and inserting ‘‘Coverage’’. CERTAIN TAA-ELIGIBLE INDIVID- (1) IN GENERAL.—Except as provided in (C) Section 35(g)(9) of such Code, as added UALS AND PBGC RECIPIENTS. paragraph (2), the amendments made by this by section 1899E(a) of the American Recov- (a) IN GENERAL.—The following provisions section shall apply to erroneous payments ery and Reinvestment Tax Act of 2009 (relat- are each amended by striking ‘‘February 12, established after the end of the 2-year period ing to continued qualification of family 2011’’ and inserting ‘‘January 1, 2014’’: beginning on the date of the enactment of members after certain events), is amended (1) Section 602(2)(A)(v) of the Employee Re- this Act. by striking ‘‘In the case of eligible coverage tirement Income Security Act of 1974 (29 (2) AUTHORITY.—A State may amend its months beginning before February 13, 2011— U.S.C. 1162(2)(A)(v)). State law to apply such amendments to erro- ’’. (2) Section 602(2)(A)(vi) of such Act (29 neous payments established prior to the end (D) Section 173(f)(8) of the Workforce In- U.S.C. 1162(2)(A)(vi)). of the period described in paragraph (1). vestment Act of 1998 is amended by striking (3) Section 4980B(f)(2)(B)(i)(V) of the Inter- SEC. 252. PROHIBITION ON NONCHARGING DUE ‘‘In the case of eligible coverage months be- nal Revenue Code of 1986. TO EMPLOYER FAULT. ginning before February 13, 2011—’’. (4) Section 4980B(f)(2)(B)(i)(VI) of such (a) IN GENERAL.—Section 3303 of the Inter- (c) EFFECTIVE DATES.— Code. nal Revenue Code of 1986 is amended— (1) IN GENERAL.—Except as otherwise pro- (5) Section 2202(2)(A)(iv) of the Public (1) by striking subsections (f) and (g); and vided in this subsection, the amendments Health Service Act (42 U.S.C. 300bb– (2) by inserting after subsection (e) the fol- made by this section shall apply to coverage 2(2)(A)(iv)). lowing new subsection: months beginning after February 12, 2011. (b) EFFECTIVE DATE.—The amendments ‘‘(f) PROHIBITION ON NONCHARGING DUE TO (2) ADVANCE PAYMENT PROVISIONS.— made by this section shall apply to periods of EMPLOYER FAULT.— (A) The amendment made by subsection coverage which would (without regard to the ‘‘(1) IN GENERAL.—A State law shall be (b)(2)(B) shall apply to certificates issued amendments made by this section) end on or treated as meeting the requirements of sub- after the date which is 30 days after the date after the date which is 30 days after the date section (a)(1) only if such law provides that of the enactment of this Act. of the enactment of this Act. an employer’s account shall not be relieved (B) The amendment made by subsection Subtitle C—Offsets of charges relating to a payment from the (b)(2)(D) shall apply to coverage months be- PART I—UNEMPLOYMENT State unemployment fund if the State agen- ginning after the date which is 30 days after COMPENSATION PROGRAM INTEGRITY cy determines that— the date of the enactment of this Act. SEC. 251. MANDATORY PENALTY ASSESSMENT ON ‘‘(A) the payment was made because the SEC. 242. TAA PRE-CERTIFICATION PERIOD RULE employer, or an agent of the employer, was FOR PURPOSES OF DETERMINING FRAUD CLAIMS. WHETHER THERE IS A 63-DAY LAPSE (a) IN GENERAL.—Section 303(a) of the So- at fault for failing to respond timely or ade- IN CREDITABLE COVERAGE. cial Security Act (42 U.S.C. 503(a)) is amend- quately to the request of the agency for in- (a) IN GENERAL.—The following provisions ed— formation relating to the claim for com- are each amended by striking ‘‘February 13, (1) in paragraph (10), by striking the period pensation; and 2011’’ and inserting ‘‘January 1, 2014’’: at the end of subparagraph (B) and inserting ‘‘(B) the employer or agent has established (1) Section 9801(c)(2)(D) of the Internal ‘‘; and’’; and a pattern of failing to respond timely or ade- Revenue Code of 1986. (2) by adding at the end the following new quately to such requests. (2) Section 701(c)(2)(C) of the Employee Re- paragraph: ‘‘(2) STATE AUTHORITY TO IMPOSE STRICTER tirement Income Security Act of 1974 (29 ‘‘(11)(A) At the time the State agency de- STANDARDS.—Nothing in paragraph (1) shall U.S.C. 1181(c)(2)(C)). termines an erroneous payment from its un- limit the authority of a State to provide (3) Section 2701(c)(2)(C) of the Public employment fund was made to an individual that an employer’s account not be relieved of Health Service Act (as in effect for plan due to fraud committed by such individual, charges relating to a payment from the years beginning before January 1, 2014). the assessment of a penalty on the individual State unemployment fund for reasons other (4) Section 2704(c)(2)(C) of the Public in an amount of not less than 15 percent of than the reasons described in subparagraphs Health Service Act (as in effect for plan the amount of the erroneous payment; and (A) and (B) of such paragraph, such as after years beginning on or after January 1, 2014). ‘‘(B) The immediate deposit of all assess- the first instance of a failure to respond (b) EFFECTIVE DATE.— ments paid pursuant to subparagraph (A) timely or adequately to requests described in (1) IN GENERAL.—The amendments made by into the unemployment fund of the State.’’. paragraph (1)(A).’’. this section shall apply to plan years begin- (b) APPLICATION TO FEDERAL PAYMENTS.— (b) EFFECTIVE DATE.— ning after February 12, 2011. (1) IN GENERAL.—As a condition for admin- (1) IN GENERAL.—Except as provided in (2) TRANSITIONAL RULES.— istering any unemployment compensation paragraph (2), the amendments made by this (A) BENEFIT DETERMINATIONS.—Notwith- program of the United States (as defined in section shall apply to erroneous payments standing the amendments made by this sec- paragraph (2)) as an agent of the United established after the end of the 2-year period tion (and the provisions of law amended States, if the State determines that an erro- beginning on the date of the enactment of thereby), a plan shall not be required to neous payment was made by the State to an this Act.

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(2) AUTHORITY.—A State may amend its (C) in paragraphs (1)(A)(iii)(I) and (2) of U.S.C. 1320c–2(c)(5)), as redesignated by this State law to apply such amendments to erro- section 1842(l), by striking ‘‘peer review orga- subsection, is amended to read as follows: neous payments established prior to the end nization’’ and inserting ‘‘quality improve- ‘‘(5) reimbursement shall be made to the of the period described in paragraph (1). ment organization’’; organization on a monthly basis, with pay- SEC. 253. REPORTING OF REHIRED EMPLOYEES (D) in subparagraphs (A) and (B) of section ments for any month being made consistent TO THE DIRECTORY OF NEW HIRES. 1866(a)(3), by striking ‘‘peer review’’ and in- with the Federal Acquisition Regulation.’’. (a) DEFINITION OF NEWLY HIRED EM- serting ‘‘quality improvement’’; (c) AUTHORITY FOR QUALITY IMPROVEMENT PLOYEE.—Section 453A(a)(2) of the Social Se- (E) in section 1867(d)(3), in the heading, by ORGANIZATIONS TO PERFORM SPECIALIZED curity Act (42 U.S.C. 653a(a)(2)) is amended striking ‘‘PEER REVIEW’’ and inserting ‘‘QUAL- FUNCTIONS AND TO ELIMINATE CONFLICTS OF by adding at the end the following: ITY IMPROVEMENT’’; and INTEREST.—Part B of title XI of the Social ‘‘(C) NEWLY HIRED EMPLOYEE.—The term (F) in section 1869(c)(3)(G), by striking Security Act (42 U.S.C. 1320c et seq.) is ‘newly hired employee’ means an employee ‘‘peer review organizations’’ and inserting amended— who— ‘‘quality improvement organizations’’. (1) in section 1153— ‘‘(i) has not previously been employed by (b) IMPROVEMENTS WITH RESPECT TO THE (A) in subsection (b)(1), as amended by sub- CONTRACT.— the employer; or section (b)(1)(B), by inserting after the first (1) FLEXIBILITY WITH RESPECT TO THE GEO- ‘‘(ii) was previously employed by the em- sentence the following new sentence: ‘‘In en- GRAPHIC SCOPE OF CONTRACTS.—Section 1153 ployer but has been separated from such tering into contracts with such qualified or- of the Social Security Act (42 U.S.C. 1320c–2) prior employment for at least 60 consecutive ganizations, the Secretary shall, to the ex- is amended— days.’’. tent appropriate, seek to ensure that each of (A) by striking subsection (a) and inserting (b) EFFECTIVE DATE.— the functions described in section 1154(a) are the following new subsection: (1) IN GENERAL.—Subject to paragraph (2), carried out within an area established under the amendments made by this section shall ‘‘(a) The Secretary shall establish throughout the United States such local, State, re- subsection (a).’’; and take effect 6 months after the date of the en- gional, national, or other geographic areas (B) in subsection (c)(1), by striking ‘‘the actment of this Act. as the Secretary determines appropriate functions set forth in section 1154(a), or may (2) COMPLIANCE TRANSITION PERIOD.—If the with respect to which contracts under this subcontract for the performance of all or Secretary of Health and Human Services depart will be made.’’; some of such functions’’ and inserting ‘‘a termines that State legislation (other than (B) in subsection (b)(1), as amended by sub- function or functions under section 1154 di- legislation appropriating funds) is required section (a)(2)— rectly or may subcontract for the perform- in order for a State plan under part D of title (i) in the first sentence, by striking ‘‘a con- ance of all or some of such function or func- IV of the Social Security Act to meet the ad- tract with a quality improvement organizations’’; and ditional requirement imposed by the amend- tion’’ and inserting ‘‘contracts with one or (2) in section 1154— ment made by subsection (a), the plan shall more quality improvement organizations’’; (A) in subsection (a)— not be regarded as failing to meet such re- and (i) in the matter preceding paragraph (1)— quirement before the first day of the second (ii) in the second sentence, by striking (I) by striking ‘‘Any’’ and inserting ‘‘Sub- calendar quarter beginning after the close of ‘‘meets the requirements’’ and all that fol- ject to subsection (b), any’’; and the first regular session of the State legisla- lows before the period at the end and insert- (II) by inserting ‘‘one or more of’’ before ture that begins after the effective date of ing ‘‘will be operating in an area, the Sec- ‘‘the following functions’’; such amendment. If the State has a 2-year retary shall ensure that there is no duplica- (ii) in paragraph (4), by striking subpara- legislative session, each year of the session tion of the functions carried out by such or- graph (C); is deemed to be a separate regular session of ganizations within the area’’; (iii) by inserting after paragraph (11) the the State legislature. (C) in subsection (b)(2)(B), by inserting ‘‘or following new paragraph: PART II—ADDITIONAL OFFSETS the Secretary determines that there is a ‘‘(12) As part of the organization’s review responsibility under paragraph (1), the orga- SEC. 261. IMPROVEMENTS TO CONTRACTS WITH more qualified entity to perform one or more MEDICARE QUALITY IMPROVEMENT of the functions in section 1154(a)’’ after nization shall review all ambulatory surgical ORGANIZATIONS (QIOS) IN ORDER ‘‘under this part’’; procedures specified pursuant to section TO IMPROVE THE QUALITY OF CARE (D) in subsection (b)(3)— 1833(i)(1)(A) which are performed in the area, FURNISHED TO MEDICARE BENE- (i) in subparagraph (A), by striking ‘‘, or or, at the discretion of the Secretary, a sam- FICIARIES. association of such facilities,’’; and ple of such procedures.’’; and (a) AUTHORITY TO CONTRACT WITH A BROAD (ii) in subparagraph (B)— (iv) in paragraph (15), by striking ‘‘signifi- RANGE OF ENTITIES.— (I) by striking ‘‘or association of such fa- cant on-site review activities’’ and all that (1) DEFINITION.—Section 1152 of the Social cilities’’; and follows before the period at the end and in- Security Act (42 U.S.C. 1320c–1) is amended (II) by striking ‘‘or associations’’; and serting ‘‘on-site review activities as the Sec- by striking paragraphs (1) and (2) and insert- (E) by striking subsection (i). retary determines appropriate’’. ing the following new paragraphs: (2) EXTENSION OF LENGTH OF CONTRACTS.— (B) by striking subsection (d) and redesig- ‘‘(1) is able, as determined by the Sec- Section 1153(c)(3) of the Social Security Act nating subsections (b) and (c) as subsections retary, to perform its functions under this (42 U.S.C. 1320c–2(c)(3)) is amended— (c) and (d), respectively; and part in a manner consistent with the effi- (A) by striking ‘‘three years’’ and inserting (C) by inserting after subsection (a) the fol- cient and effective administration of this ‘‘five years’’; and lowing new subsection: part and title XVIII; (B) by striking ‘‘on a triennial basis’’ and ‘‘(b) A quality improvement organization ‘‘(2) has at least one individual who is a inserting ‘‘for terms of five years’’. entering into a contract with the Secretary representative of health care providers on its (3) AUTHORITY TO TERMINATE IN A MANNER to perform a function described in a para- governing body; and’’. CONSISTENT WITH THE FEDERAL ACQUISITION graph under subsection (a) must perform all (2) NAME CHANGE.—Part B of title XI of the REGULATION.—Section 1153 of the Social Se- of the activities described in such paragraph, Social Security Act (42 U.S.C. 1320c et seq.) curity Act (42 U.S.C. 1320c–2) is amended— except to the extent otherwise negotiated is amended— (A) in subsection (b), by adding at the end with the Secretary pursuant to the contract (A) in the headings for sections 1152 and the following new paragraph: or except for a function for which the Sec- 1153, by striking ‘‘UTILIZATION AND QUALITY ‘‘(4) The Secretary may consider a variety retary determines it is not appropriate for CONTROL PEER REVIEW’’ and inserting ‘‘QUAL- of factors in selecting the contractors that the organization to perform, such as a func- ITY IMPROVEMENT’’; the Secretary determines would provide for tion that could cause a conflict of interest (B) in the heading for section 1154, by the most efficient and effective administra- with another function.’’. striking ‘‘PEER REVIEW’’ and inserting ‘‘QUAL- tion of this part, such as geographic loca- (d) QUALITY IMPROVEMENT AS SPECIFIED ITY IMPROVEMENT’’; and tion, size, and prior experience in health care FUNCTION.—Section 1154(a) of the Social Se- (C) by striking ‘‘utilization and quality quality improvement. Quality improvement curity Act (42 U.S.C. 1320c–3(a)) is amended control peer review’’ and ‘‘peer review’’ each organizations operating as of January 1, 2012, place it appears before ‘‘organization’’ or shall be allowed to compete for new con- by adding at the end the following new para- ‘‘organizations’’ and inserting ‘‘quality im- tracts (as determined appropriate by the graph: provement’’. Secretary) along with other qualified organi- ‘‘(18) The organization shall perform, sub- (3) CONFORMING AMENDMENTS TO THE MEDI- zations and are eligible for renewal of con- ject to the terms of the contract, such other CARE PROGRAM.—Title XVIII of the Social Se- tracts for terms five years thereafter (as de- activities as the Secretary determines may curity Act (42 U.S.C. 1395 et seq.) is amend- termined appropriate by the Secretary).’’; be necessary for the purposes of improving ed— (B) in subsection (c), by striking para- the quality of care furnished to individuals (A) by striking ‘‘utilization and quality graphs (4) through (6) and redesignating with respect to items and services for which control peer review’’ and inserting ‘‘quality paragraphs (7) and (8) as paragraphs (4) and payment may be made under title XVIII.’’. improvement’’ each place it appears; (5), respectively; and (e) EFFECTIVE DATE.—The amendments (B) by striking ‘‘quality control and peer (C) by striking subsection (d). made by this section shall apply to contracts review’’ and inserting ‘‘quality improve- (4) ADMINISTRATIVE IMPROVEMENT.—Section entered into or renewed on or after January ment’’ each place it appears; 1153(c)(5) of the Social Security Act (42 1, 2012.

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.030 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5785 SEC. 262. RATES FOR MERCHANDISE PROC- deter, delay, or deny possible U.S. support maintain sufficient self-defense capabilities, ESSING FEES. for the island in the event of conflict. The in furtherance of maintaining peace and sta- (a) FEES FOR PERIOD FROM JULY 1, 2014, TO balance of cross-Strait military forces and bility in the western Pacific region; NOVEMBER 30, 2015.—For the period beginning capabilities continues to shift in the main- (7) in order to comply with the Taiwan Re- on July 1, 2014, and ending on November 30, land’s favor.’’ In this report, the Department lations Act, the United States must provide 2015, section 13031(a)(9) of the Consolidated of Defense also concludes that, over the next Taiwan with additional advanced multirole Omnibus Budget Reconciliation Act of 1985 decade, China’s air force will remain pri- fighter aircraft, as well as significant up- (19 U.S.C. 58c(a)(9)) shall be applied and ad- marily focused on ‘‘building the capabilities grades to Taiwan’s existing fleet of multirole ministered— required to pose a credible military threat to fighter aircraft; and (1) in subparagraph (A), by substituting Taiwan and U.S. forces in East Asia, deter (8) the proposed sale of F–16C/D multirole ‘‘0.3464’’ for ‘‘0.21’’; and Taiwan independence, or influence Taiwan to fighter aircraft to Taiwan would have sig- (2) in subparagraph (B)(i), by substituting settle the dispute on Beijing’s terms’’. nificant economic benefits to the United ‘‘0.3464’’ for ‘‘0.21’’. (2) The Defense Intelligence Agency (DIA) States economy. (b) FEES FOR PERIOD FROM OCTOBER 1, 2016, conducted a preliminary assessment of the (c) SALE OF AIRCRAFT.—The President shall TO SEPTEMBER 30, 2019.—For the period be- status and capabilities of Taiwan’s air force carry out the sale of no fewer than 66 F–16C/ ginning on October 1, 2016, and ending on in an unclassified report, dated January 21, D multirole fighter aircraft to Taiwan. September 30, 2019, section 13031(a)(9) of the 2010. The DIA found that, ‘‘[a]lthough Tai- Consolidated Omnibus Budget Reconciliation wan has nearly 400 combat aircraft in serv- SA 635. Mr. COBURN submitted an Act of 1985 (19 U.S.C. 58c(a)(9)) shall be ap- ice, far fewer of these are operationally capa- amendment intended to be proposed by plied and administered— ble.’’ The report concluded, ‘‘Many of Tai- him to the bill S. 1094, to reauthorize (1) in subparagraph (A), by substituting wan’s fighter aircraft are close to or beyond the Combating Autism Act of 2006 ‘‘0.1740’’ for ‘‘0.21’’; and service life, and many require extensive (2) in subparagraph (B)(i), by substituting maintenance support. The retirement of Mi- (Public Law 109–416); which was ordered ‘‘0.1740’’ for ‘‘0.21’’. rage and F–5 aircraft will reduce the total to lie on the table; as follows: SEC. 263. TIME FOR REMITTING CERTAIN MER- size of the Taiwan Air Force.’’ Strike section 3 and insert the following: CHANDISE PROCESSING FEES. (3) Since 2006, authorities from Taiwan SEC. 3. FUNDING. (a) IN GENERAL.—Notwithstanding any have made repeated requests to purchase 66 Notwithstanding any other provision of other provision of law, any fees authorized F–16C/D multirole fighter aircraft from the law, the Secretary of Health and Human under paragraphs (9) and (10) of section United States, in an effort to modernize the Services, acting through the Director of the 13031(a) of the Consolidated Omnibus Budget air force of Taiwan and maintain its self-de- Centers for Disease Control and Prevention Reconciliation Act of 1985 (19 U.S.C. 58c(a) (9) fense capability. and the Director of the National Institutes and (10)) with respect to processing merchan- (4) According to a report by the Perryman of Health, may continue to fund programs dise entered on or after October 1, 2012, and Group, a private economic research and anal- authorized under part R of title III of the before November 12, 2012, shall be paid not ysis firm, the requested sale of F–16C/Ds to Public Health Service Act (42 U.S.C. 280i et later than September 25, 2012, in an amount Taiwan ‘‘would generate some $8,700,000,000 seq.) using funds otherwise available to the equivalent to the amount of such fees paid in output (gross product) and more than Secretary or the Directors, and shall identify by the person responsible for such fees with 87,664 person-years of employment in the and consolidate duplicative and overlapping respect to merchandise entered on or after US,’’ including 23,407 direct jobs, while ‘‘eco- autism programs and initiatives throughout October 1, 2011, and before November 12, 2011, nomic benefits would likely be realized in 44 the Federal Government. as determined by the Secretary of the Treas- states and the District of Columbia’’. (5) The sale of F–16C/Ds to Taiwan would ury. SA 636. Mr. CARDIN (for himself, Mr. both sustain existing high-skilled jobs in key (b) RECONCILIATION OF MERCHANDISE PROC- SCHUMER, and Mr. BROWN of Ohio) sub- United States manufacturing sectors and ESSING FEES.— create new ones. mitted an amendment intended to be (1) IN GENERAL.—Not later than December (6) On August 1, 2011, a bipartisan group of proposed by him to the bill H.R. 2832, 12, 2012, the Secretary of the Treasury shall 181 members of the House of Representatives to extend the Generalized System of reconcile the fees paid pursuant to sub- sent a letter to the President, expressing Preferences, and for other purposes; section (a) with the fees for services actually support for the sale of F–16C/Ds to Taiwan. provided on or after October 1, 2012, and be- which was ordered to lie on the table; On May 26, 2011, a bipartisan group of 45 fore November 12, 2012. as follows: members of the Senate sent a similar letter At the end, add the following new title: (2) REFUNDS OF OVERPAYMENTS.— to the President, expressing support for the (A) After making the reconciliation re- sale. Two other members of the Senate wrote TITLE lll—MODIFICATION OF WOOL quired under paragraph (1), the Secretary of separately to the President or the Secretary TRUST FUND the Treasury shall refund with interest any of State in 2011 and expressed support for SEC. ll01. MODIFICATION OF WOOL APPAREL overpayment of such fees made under sub- this sale. MANUFACTURERS TRUST FUND. section (a) and make proper adjustments (b) SENSE OF CONGRESS.—It is the sense of (a) IN GENERAL.—Section 4002(c)(2) of the with respect to any underpayment of such Congress that— Miscellaneous Trade and Technical Correc- fees. (1) a critical element to maintaining peace tions Act of 2004 (Public Law 108–429; 118 (B) No interest may be assessed with re- and stability in Asia in the face of China’s Stat. 2600) is amended— spect to any such underpayment that was two-decade-long program of military mod- (1) in subparagraph (A), by striking ‘‘sub- based on the amount of fees paid for mer- ernization and expansion of military capa- ject to the limitation in subparagraph (B)’’ chandise entered on or after October 1, 2012, bilities is ensuring a militarily strong and and inserting ‘‘subject to subparagraphs (B) and before November 12, 2012. confident Taiwan; and (C)’’; and (2) a Taiwan that is confident in its ability (2) by adding at the end the following new SA 634. Mr. CORNYN (for himself and to deter Chinese aggression will increase its subparagraph: Mr. COBURN) submitted an amendment ability to proceed in developing peaceful re- ‘‘(C) ALTERNATIVE FUNDING SOURCE.—Sub- intended to be proposed by him to the lations with China in areas of mutual inter- paragraph (A) shall be applied and adminis- bill H.R. 2832, to extend the General- est; tered by substituting ‘chapter 62’ for ‘chap- ized System of Preferences, and for (3) the cross-Strait military balance be- ter 51’ for any period of time with respect to other purposes; which was ordered to tween China and our longstanding strategic which the Secretary notifies Congress that lie on the table; as follows: partner, Taiwan, has clearly shifted in Chi- amounts determined by the Secretary to be na’s favor; equivalent to amounts received in the gen- At the appropriate place, insert the fol- (4) China’s military expansion poses a clear eral fund of the Treasury of the United lowing: and present danger to Taiwan, and this States that are attributable to the duty re- SEC. ll. SALE OF F–16 AIRCRAFT TO TAIWAN. threat has very serious implications for the ceived on articles classified under chapter 51 (a) FINDINGS.—Congress makes the fol- ability of the United States to fulfill its se- of the Harmonized Tariff Schedule of the lowing findings: curity obligations to allies in the region and United States are not sufficient to make (1) The Department of Defense, in its 2011 protect our vital United States national in- payments under paragraph (3) or grants report to Congress on ‘‘Military and Security terests in East Asia; under paragraph (6).’’. Developments Involving the People’s Repub- (5) Taiwan’s air force continues to deterio- (b) FULL RESTORATION OF PAYMENT LEVELS lic of China,’’ found that ‘‘China continued rate, and it needs additional advanced IN CALENDAR YEARS 2010 AND 2011.— modernizing its military in 2010, with a focus multirole fighter aircraft in order to mod- (1) TRANSFER OF AMOUNTS.— on Taiwan contingencies, even as cross- ernize its fleet and maintain a sufficient self- (A) IN GENERAL.—Not later than 30 days Strait relations improved. The PLA seeks defense capability; after the date of the enactment of this Act, the capability to deter Taiwan independence (6) the United States has a statutory obli- the Secretary of the Treasury shall transfer and influence Taiwan to settle the dispute on gation under the Taiwan Relations Act (22 to the Wool Apparel Manufacturers Trust Beijing’s terms. In pursuit of this objective, U.S.C. 3301 et seq.) to provide Taiwan the de- Fund, out of the general fund of the Treasury Beijing is developing capabilities intended to fense articles necessary to enable Taiwan to of the United States, amounts determined by

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.030 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5786 CONGRESSIONAL RECORD — SENATE September 20, 2011 the Secretary of the Treasury to be equiva- Beginning on page 65, strike line 21 and all have been produced on 900,000 acres, yielding lent to amounts received in the general fund that follows through page 66, line 6, and in- 11,000,000 tons of citrus products with a value that are attributable to the duty received on sert the following: at the farm of more than $3,200,000,000; articles classified under chapter 51 or chap- (a) FEES FOR PERIOD FROM OCTOBER 1, 2011, (6) the commercial citrus sector employs ter 62 of the Harmonized Tariff Schedule of TO NOVEMBER 30, 2015.— approximately 110,000 people and contributes the United States (as determined under sec- (1) IN GENERAL.—For the period beginning approximately $13,500,000,000 to the United tion 4002(c)(2) of the Miscellaneous Trade and on October 1, 2011, and ending on November States economy; Technical Corrections Act of 2004 (Public 30, 2015, section 13031(a)(9) of the Consoli- (7) the United States citrus industry has Law 108–429; 118 Stat. 2600)), subject to the dated Omnibus Budget Reconciliation Act of suffered billions of dollars in damage from limitation in subparagraph (B). 1985 (19 U.S.C. 58c(a)(9)) shall be applied and disease and pests, both domestic and (B) LIMITATION.—The Secretary of the administered— invasive, over the decade preceding the date Treasury shall not transfer more than the (A) in subparagraph (A), by substituting of enactment of this Act, particularly from amount determined by the Secretary to be ‘‘0.3474’’ for ‘‘0.21’’; and huanglongbing; necessary for— (B) in subparagraph (B)(i), by substituting (8) huanglongbing threatens the entire (i) U.S. Customs and Border Protection to ‘‘0.3474’’ for ‘‘0.21’’. United States citrus industry because the make payments to eligible manufacturers (2) AVAILABILITY OF FUNDS FOR TRADE EN- disease kills citrus trees; under section 4002(c)(3) of the Miscellaneous FORCEMENT.—Of the amount of fees received (9) as of the date of enactment of this Act, Trade and Technical Corrections Act of 2004 under section 13031(a)(9) of the Consolidated there are no cost effective or environ- so that the amount of such payments, when Omnibus Budget Reconciliation Act of 1985 mentally sound treatments available to sup- added to any other payments made to eligi- (19 U.S.C. 58c(a)(9)) for the period beginning press or eradicate huanglongbing; ble manufacturers under section 4002(c)(3) of October 1, 2011, and ending December 31, 2014, (10) United States citrus producers work- such Act for calendar years 2010 and 2011, not to exceed $15,000,000 shall be available to ing with Federal and State governments equal the total amount of payments author- the Office of the United States Trade Rep- have devoted tens of millions of dollars to- ized to be provided to eligible manufacturers resentative until December 31, 2014, for ac- ward research and efforts to combat under section 4002(c)(3) of such Act for cal- tivities relating to trade enforcement. huanglongbing and other diseases and pests, endar years 2010 and 2011; and but more funding is needed to develop and (ii) the Secretary of Commerce to provide SA 638. Mr. BINGAMAN submitted an commercialize disease and pest solutions; grants to eligible manufacturers under sec- amendment intended to be proposed by (11) although imports constitute an in- tion 4002(c)(6) of the Miscellaneous Trade and him to the bill H.R. 2832, to extend the creasing share of the United States market, Technical Corrections Act of 2004 so that the Generalized System of Preferences, and importers of citrus products into the United amounts of such grants, when added to any for other purposes; which was ordered States do not directly fund production re- other grants made to eligible manufacturers to lie on the table; as follows: search in the United States; under section 4002(c)(6) of such Act for cal- At the end, add the following: (12) disease and pest suppression tech- endar years 2010 and 2011, equal the total nologies require determinations of safety TITLE III—MISCELLANEOUS amount of grants authorized to be provided and solutions must be commercialized before to eligible manufacturers under section SEC. 301. REPORTS ON ECONOMIC AND EMPLOY- use by citrus producers; 4002(c)(6) of such Act for calendar years 2010 MENT IMPACT OF FREE TRADE (13) the complex processes involved in dis- AGREEMENTS. and 2011. Not later than 10 years after the date of covery and commercialization of safe and ef- (2) PAYMENT OF AMOUNTS.—U.S. Customs the enactment of this Act, and every 10 years fective pest and disease suppression tech- and Border Protection shall make payments thereafter, the United States International nologies are expensive and lengthy and the described in paragraph (1) to eligible manu- Trade Commission shall submit to Congress need for the technologies is urgent; and facturers not later than 30 days after such a report on the impact of free trade agree- (14) research to develop solutions to sup- transfer of amounts from the general fund of ments to which the United States is a party press huanglongbing, or other domestic and the Treasury of the United States to the on the economy of, and employment in, the invasive pests and diseases will benefit all Wool Apparel Manufacturers Trust Fund. United States. citrus producers and consumers around the The Secretary of Commerce shall promptly world. provide grants described in paragraph (1) to SA 639. Mr. NELSON of Florida sub- (b) PURPOSES.—The purposes of this Act eligible manufacturers after such transfer of mitted an amendment intended to be are— amounts from the general fund of the Treas- proposed by him to the bill H.R. 2832, (1) to authorize the establishment of a ury of the United States to the Wool Apparel to extend the Generalized System of trust funded by certain tariff revenues to support scientific research, technical assist- Manufacturers Trust Fund. Preferences, and for other purposes; (c) RULE OF CONSTRUCTION.—The amend- ance, and development activities to combat ments made by subsection (a) shall not be which was ordered to lie on the table; citrus diseases and pests, both domestic and construed to affect the availability of as follows: invasive, harming the United States; and amounts transferred to the Wool Apparel At the end, add the following: (2) to require the President to notify the Manufacturers Trust Fund before the date of TITLE ll—CITRUS DISEASE RESEARCH chairperson and ranking member of the Com- the enactment of this Act. AND DEVELOPMENT mittee on Finance of the Senate and the (d) CONFORMING AMENDMENTS.—Title IV of SEC. ll01. SHORT TITLE. Committee on Ways and Means of the House the Miscellaneous Trade and Technical Cor- This title may be cited as the ‘‘Citrus Dis- of Representatives before entering into any rections Act of 2004 (Public Law 108–429; 118 ease Research and Development Trust Fund trade agreement that would decrease the Stat. 2600) is amended by striking ‘‘Bureau of Act of 2011’’. amount of duties collected on imports of cit- Customs and Border Protection’’ each place SEC. ll02. FINDINGS AND PURPOSES. rus products to less than the amount nec- it appears and inserting ‘‘U.S. Customs and (a) FINDINGS.—Congress finds that— essary to provide the grants authorized by Border Protection’’. (1) duties collected on imports of citrus section 1001(d) of the Trade Act of 1974, as (e) DISCRETIONARY AUTHORITY.— and citrus products have ranged from added by section 3(a) of this Act. (1) IN GENERAL.—Section 4002(c)(3) of Pub- $50,000,000 to $87,000,000 annually since 2004, (c) EFFECT ON OTHER ACTIVITIES.—Nothing lic Law 108–429 is amended by inserting ‘‘(or and are projected to increase, as United in this Act restricts the use of any funds for to protect domestic manufacturing employ- States production declines due to the effects scientific research and technical activities in ment, and at the sole discretion of the U.S. of huanglongbing (also known as ‘‘HLB’’ or the United States. Customs and Border Protection, no later ‘‘citrus greening disease’’) and imports in- SEC. ll03. CITRUS DISEASE RESEARCH AND DE- than April 15)’’ after ‘‘March 1 of the year of crease in response to the shortfall in the VELOPMENT TRUST FUND. the payment’’. United States; (a) IN GENERAL.—The Trade Act of 1974 (19 (2) EFFECTIVE DATE.—The amendment (2) in cases involving other similarly situ- U.S.C. 2102 et seq.) is amended by adding at made by this subsection shall be effective for ated agricultural commodities, notably the end the following: payment year 2011 and thereafter. wool, the Federal Government has chosen to ‘‘TITLE X—CITRUS DISEASE RESEARCH divert a portion of the tariff revenue col- AND DEVELOPMENT TRUST FUND SA 637. Mr. BINGAMAN (for himself, lected on imported products to support ef- ‘‘SEC. 1001. CITRUS DISEASE RESEARCH AND DE- Mr. AKAKA, and Mr. COONS) submitted forts of the domestic industry to address VELOPMENT TRUST FUND. an amendment intended to be proposed challenges facing the industry; ‘‘(a) ESTABLISHMENT.—There is established to amendment SA 633 submitted by Mr. (3) citrus and citrus products are a highly in the Treasury of the United States a trust CASEY (for himself, Mr. BROWN of Ohio, nutritious and healthy part of a balanced fund to be known as the ‘Citrus Disease Re- diet; search and Development Trust Fund’ (in this and Mr. BAUCUS) to the bill H.R. 2832, (4) citrus production is an important part section referred to as the ‘Trust Fund’), con- to extend the Generalized System of of the agricultural economy in Florida, Cali- sisting of such amounts as may be trans- Preferences, and for other purposes; fornia, Arizona, and Texas; ferred to the Trust Fund under subsection which was ordered to lie on the table; (5) in the most recent years preceding the (b)(1) and any amounts that may be credited as follows: date of enactment of this Act, citrus fruits to the Trust Fund under subsection (d)(2).

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‘‘(b) TRANSFER OF AMOUNTS.— be transferred to the general fund of the velopment Trust Fund established under sec- ‘‘(1) IN GENERAL.—Subject to paragraph (2), Treasury. tion 1001 of the Trade Act of 1974, as added by the Secretary of the Treasury shall transfer ‘‘SEC. 1002. REPORTS REQUIRED BEFORE ENTER- section ll3(a) of this title. to the Trust Fund amounts that are attrib- ING INTO CERTAIN TRADE AGREE- (c) IMPLEMENTATION.— utable to the duties collected on articles MENTS. (1) REGULATIONS.—Not later than 180 days that are citrus or citrus products classifiable ‘‘The President shall notify the chair- after the date of enactment of this Act, the under chapters 8, 20, 21, 22, and 33 of the Har- person and ranking member of the Com- Secretary shall promulgate regulations to monized Tariff Schedule of the United mittee on Finance of the Senate and the carry out this section. States. Committee on Ways and Means of the House (2) CITRUS ADVISORY BOARD.— ‘‘(2) LIMITATION.—The amount transferred of Representatives not later than 90 days be- (A) ESTABLISHMENT AND MEMBERSHIP.— to the Trust Fund under paragraph (1) in any fore entering into a trade agreement if the (i) ESTABLISHMENT.—The Citrus Disease fiscal year may not exceed the lesser of— President determines that entering into the Research and Development Trust Fund Advi- trade agreement could result— ‘‘(A) an amount equal to 1⁄3 of the amount sory Board shall consist of 9 members. attributable to the duties received on arti- ‘‘(1) in a decrease in the amount of duties (ii) MEMBERSHIP.—The members of the cles described in paragraph (1); or collected on articles that are citrus or citrus Board shall be appointed by the Secretary. ‘‘(B) $30,000,000. products classifiable under chapters 8, 20, 21, (iii) STATUS.—Members of the Board rep- ‘‘(c) AVAILABILITY OF AMOUNTS IN TRUST 22, and 33 of the Harmonized Tariff Schedule resent the interests of the citrus industry FUND.— of the United States; and and shall not be considered officers or em- ‘‘(1) AMOUNTS AVAILABLE UNTIL EX- ‘‘(2) in a decrease in the amount of funds ployees of the Federal Government solely PENDED.—Amounts in the Trust Fund shall being transferred into the Citrus Disease Re- due to membership on the Board. remain available until expended without fur- search and Development Trust Fund under (B) DISTRIBUTION OF APPOINTMENTS.—The ther appropriation. section 1001 so that amounts available in the membership of the Board shall consist of— ‘‘(2) AVAILABILITY FOR CITRUS DISEASE RE- Trust Fund are insufficient to meet the pur- (i) 5 members who are domestic producers SEARCH AND DEVELOPMENT EXPENDITURES.— poses of the Citrus Disease Research and De- of citrus in Florida; Amounts in the Trust Fund shall be avail- velopment Trust Fund Act of 2011.’’. (ii) 3 members who are domestic producers able to the Secretary of Agriculture— (b) CLERICAL AMENDMENT.—The table of of citrus in Arizona or California; and ‘‘(A) for expenditures relating to citrus dis- contents for the Trade Act of 1974 is amended (iii) 1 member who is a domestic producer by adding at the end the following: ease research and development under section of citrus in Texas. ll04 of the Citrus Disease Research and De- ‘‘TITLE X—CITRUS DISEASE RESEARCH (C) CONSULTATION.—Prior to making ap- velopment Trust Fund Act of 2011, including AND DEVELOPMENT TRUST FUND pointments to the Board, the Secretary shall costs relating to contracts or other agree- ‘‘Sec. 1001. Citrus Disease Research and De- consult with organizations composed pri- ments entered into to carry out citrus dis- velopment Trust Fund. marily of citrus producers to receive advice ease research and development; and ‘‘Sec. 1002. Reports required before entering and recommendations regarding Board mem- ‘‘(B) to cover administrative costs incurred into certain trade agree- bership. by the Secretary in carrying out the provi- ments.’’. (D) BOARD VACANCIES.— sions of that Act. SEC. ll04. CITRUS DISEASE RESEARCH AND DE- (i) IN GENERAL.—The Secretary shall ap- ‘‘(d) INVESTMENT OF TRUST FUND.— VELOPMENT TRUST FUND ADVISORY point a new Board member to serve the re- ‘‘(1) IN GENERAL.—The Secretary of the BOARD. mainder of a term vacated by a departing Treasury shall invest such portion of the (a) PURPOSE.—The purpose of this section Board member. Trust Fund as is not required to meet cur- is to establish an orderly procedure and fi- (ii) REQUIREMENTS.—When filling a va- rent withdrawals in interest-bearing obliga- nancing mechanism for the development of cancy on the Board, the Secretary shall— tions of the United States or in obligations an effective and coordinated program of re- (I) appoint a citrus producer from the same guaranteed as to both principal and interest search and product development relating State as the Board member being replaced; to— by the United States. Such obligations may and (1) scientific research concerning diseases be acquired on original issue at the issue (II) prior to making an appointment, con- and pests, both domestic and invasive, af- sult with organizations in that State com- price or by purchase of outstanding obliga- flicting the citrus industry; and posed primarily of citrus producers to re- tions at the market price. Any obligation ac- (2) support for the dissemination and com- ceive advice and recommendations regarding quired by the Trust Fund may be sold by the mercialization of relevant information, tech- the vacancy. Secretary of the Treasury at the market niques, and technologies discovered pursuant (E) TERMS.— price. to research funded through the Citrus Dis- (i) IN GENERAL.—Except as provided in ‘‘(2) INTEREST AND PROCEEDS FROM SALE OR ease Research and Development Trust Fund clause (ii), each term of appointment to the REDEMPTION OF OBLIGATIONS.—The interest Board shall be for 5 years. on, and the proceeds from the sale or re- established under section 1001 of the Trade (ii) INITIAL APPOINTMENTS.—In making ini- demption of, any obligations held in the Act of 1974, as added by section 3(a) of this tial appointments to the Board, the Sec- Trust Fund shall be credited to and form a Act, or through other research projects in- retary shall appoint 1⁄3 of the members to part of the Trust Fund. tended to solve problems caused by citrus terms of 1, 3, and 5 years, respectively. ‘‘(e) REPORTS TO CONGRESS.—Not later than production diseases and invasive pests. January 15, 2013, and each year thereafter (b) DEFINITIONS.—In this section: (F) DISQUALIFICATION FROM BOARD SERV- until the year after the termination of the (1) BOARD.—The term ‘‘Board’’ means the ICE.—If a member or alternate of the Board Trust Fund, the Secretary of the Treasury, Citrus Disease Research and Development who was appointed as a domestic producer in consultation with the Secretary of Agri- Trust Fund Advisory Board established ceases to be a producer in the State from culture, shall submit to Congress a report on under this section. which the member was appointed, or fails to the financial condition and the results of the (2) CITRUS.— fulfill the duties of the member according to operations of the Trust Fund that includes— (A) IN GENERAL.—The term ‘‘citrus’’ means the rules established by the Board under ‘‘(1) a detailed description of the amounts edible fruit of the family Rutaceae, com- paragraph (4)(A)(ii), the member or alternate disbursed from the Trust Fund in the pre- monly called ‘‘citrus’’. shall be disqualified from serving on the ceding fiscal year and the manner in which (B) INCLUSION.—The term ‘‘citrus’’ includes Board. those amounts were expended; all citrus hybrids and products of citrus hy- (G) COMPENSATION.— ‘‘(2) an assessment of the financial condi- brids that are produced for commercial pur- (i) IN GENERAL.—The members of the Board tion and the operations of the Trust Fund for poses in the United States. shall serve without compensation, other the current fiscal year; and (3) DEPARTMENT.—The term ‘‘Department’’ than travel expenses described in clause (ii). ‘‘(3) an assessment of the amounts avail- means the Department of Agriculture. (ii) TRAVEL EXPENSES.—A member of the able in the Trust Fund for future expendi- (4) PERSON.—The term ‘‘person’’ means any Board shall be allowed travel expenses, in- tures. individual, group of individuals, firm, part- cluding per diem in lieu of subsistence, at ‘‘(f) REMISSION OF SURPLUS FUNDS.—The nership, corporation, joint stock company, rates authorized for an employee of an agen- Secretary of the Treasury may remit to the association, cooperative, or other legal enti- cy under subchapter I of chapter 57 of title 5, general fund of the Treasury such amounts ty. United States Code, while away from the as the Secretary of Agriculture reports to be (5) PRODUCER.—The term ‘‘producer’’ home or regular place of business of the in excess of the amounts necessary to meet means any person that is engaged in the do- member in the performance of the duties of the purposes of the Citrus Disease Research mestic production and commercial sale of the Board. and Development Trust Fund Act of 2011. citrus in the United States. (3) POWERS.— ‘‘(g) SUNSET PROVISION.—The Trust Fund (6) PROGRAM.—The term ‘‘program’’ means (A) GIFTS.—The Board may accept, use, shall terminate on December 31 of the fifth the citrus research and development pro- and dispose of gifts or donations of services calendar year that begins after the date of gram authorized under this section. or property. the enactment of the Citrus Disease Re- (7) SECRETARY.—The term ‘‘Secretary’’ (B) POSTAL SERVICES.—The Board may use search and Development Trust Fund Act of means the Secretary of Agriculture. the United States mails in the same manner 2011 and all amounts in the Trust Fund on (8) TRUST FUND.—The term ‘‘Trust Fund’’ and under the same conditions as other agen- December 31 of that fifth calendar year shall means the Citrus Disease Research and De- cies of the Federal Government.

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(C) VOLUNTEER SERVICES.—Notwith- (ii) specific recommendations for new cit- ‘‘(ii) provisions that are necessary to the standing section 1342 of title 31, United rus research projects; implementation and enforcement of such States Code, the Board may accept and use (iii) a plan for the dissemination and com- trade agreement.’’. the services of volunteers serving without mercialization of relevant information, tech- compensation. niques, and technologies discovered pursuant SA 641. Mr. HATCH proposed an (D) TECHNICAL AND LOGISTICAL SUPPORT.— to research funded through the Trust Fund; amendment to amendment SA 633 sub- Subject to the availability of funds, the Sec- and mitted by Mr. CASEY (for himself, Mr. retary shall provide to the Board technical (iv) a justification for Trust Fund expendi- BROWN of Ohio, and Mr. BAUCUS) to the and logistical support through contract or tures. bill H.R. 2832, to extend the General- other means, including— (B) AFFIRMATIVE SUPPORT REQUIRED.—A re- ized System of Preferences, and for (i) procuring the services of experts and search and development agenda and budget consultants in accordance with section may not be submitted by the Board to the other purposes; as follows: 3109(b) of title 5, United States Code, but at Secretary without the affirmative support of On page 31 of the amendment, between rates for individuals not to exceed the daily at least 7 members of the Board. lines 7 and 8, insert the following: equivalent of the highest rate payable under (C) SECRETARIAL APPROVAL.— SEC. 231. EFFECTIVE DATE FOR TRADE ADJUST- section 5332 of that title; and (i) IN GENERAL.—Not later than 60 days MENT ASSISTANCE CONTINGENT ON (ii) entering into contracts with depart- after receiving the proposed research and de- ENACTMENT OF CERTAIN FREE TRADE AGREEMENT IMPLEMENTING ments, agencies, and instrumentalities of the velopment agenda and budget from the BILLS. Federal Government, State agencies, and Board and consulting with the Board, the Notwithstanding section 201(b) or any private entities for the preparation of re- Secretary shall finalize a citrus research and other provision of this subtitle, the amend- ports, surveys, and other activities. development agenda and Trust Fund budget. ments made by this subtitle shall take effect (E) DETAIL OF FEDERAL GOVERNMENT EM- (ii) CONSIDERATIONS.—In finalizing the on the date on which the United States– PLOYEES.— agenda and budget, the Secretary shall— Korea Free Trade Agreement Implementa- (i) IN GENERAL.—An employee of the Fed- (I) due to the proximity of citrus producers tion Act, the United States–Colombia Trade eral Government may be detailed to the to the effects of diseases such as Promotion Agreement Implementation Act, Commission on a reimbursable or nonreim- huanglongbing and the quickly evolving na- and the United States–Panama Trade Pro- bursable basis. ture of scientific understanding of the effect motion Agreement Implementation Act have (ii) CIVIL SERVICE STATUS.—The detail of of the diseases on citrus production, give been enacted into law. the employee shall be without interruption strong deference to the proposed research or loss of civil service status or privilege. and development agenda and budget from the SA 642. Mr. HATCH submitted an (F) GENERAL SERVICES ADMINISTRATION.— Board; and amendment intended to be proposed to The Administrator of General Services shall (II) take into account other public and pri- amendment SA 633 submitted by Mr. provide to the Board on a reimbursable basis vate citrus-related research and development CASEY (for himself, Mr. BROWN of Ohio, administrative support and other services for projects and funding. and Mr. BAUCUS) to the bill H.R. 2832, the performance of the duties of the Board. (D) REPORT TO CONGRESS.—Each year, the (G) OTHER DEPARTMENTS AND AGENCIES.— Secretary shall submit to the Committee on to extend the Generalized System of Departments and agencies of the United Agriculture and the Committee on Ways and Preferences, and for other purposes; States may provide to the Board such serv- Means of the House of Representatives and which was ordered to lie on the table; ices, funds, facilities, staff, and other sup- the Committee on Agriculture, Nutrition, as follows: port services as may be appropriate. and Forestry and the Committee on Finance On page 31 of the amendment, between (4) GENERAL RESPONSIBILITIES OF THE of the Senate a report that includes— lines 6 and 7, insert the following: BOARD.— (i) the most recent citrus research and de- SEC. 224. MODIFICATION OF TRADE ADJUSTMENT (A) IN GENERAL.—The regulations promul- velopment agenda and budget of the Sec- ASSISTANCE ELIGIBILITY REQUIRE- gated by the Secretary shall define the gen- retary; MENTS. eral responsibilities of the Board, which (ii) an analysis of how, why, and to what (a) TRADE ADJUSTMENT ASSISTANCE FOR shall include the responsibilities— extent the agenda and budget finalized by WORKERS.—Section 222 of the Trade Act of (i) to meet, organize, and select from the Secretary differs from the proposal of 1974 (19 U.S.C. 2272), as amended by section among the members of the Board a chair- the Board; 211(a), is further amended— person, other officers, and committees and (iii) an examination of new developments (1) in subsection (a)(2)— subcommittees, as the Board determines to in the spread and control of citrus diseases (A) in subparagraph (A)(iii), by striking be appropriate; and pests; ‘‘contributed importantly to such workers’ (ii) to adopt and amend rules and regula- (iv) a discussion of projected research separation or threat of separation and to’’ tions governing the conduct of the activities needs; and and inserting ‘‘was a substantial cause of of the Board and the performance of the du- (v) a review of the effectiveness of the such workers’ separation or threat of separa- ties of the Board; Trust Fund in achieving the purpose de- tion and of’’; and (iii) to hire such experts and consultants as scribed in subsection (a). (B) in subparagraph (B)(ii), by striking the Board considers necessary to enable the (6) CONTRACTS AND AGREEMENTS.—To en- ‘‘contributed importantly to’’ and inserting Board to perform the duties of the Board; sure the efficient use of funds, the Secretary ‘‘was a substantial cause of’’; (iv) to advise the Secretary on citrus re- may enter into contracts or agreements with (2) in paragraph (3)(B) of subsection (b), as search and development needs; public or private entities for the implemen- redesignated by section 211(a), by striking (v) to propose a research and development tation of a plan or project for citrus re- ‘‘contributed importantly to’’ and inserting agenda and annual budgets for the Trust search. ‘‘was a substantial cause of’’; and Fund; (d) ADMINISTRATIVE COSTS.—Each fiscal (3) in subsection (c), as redesignated and (vi) to evaluate and review ongoing re- year, the Secretary may transfer up to amended by section 211(a), by striking para- search funded by Trust Fund; $2,000,000 of amounts in the Trust Fund to graph (1) and redesignating paragraphs (2) (vii) to engage in regular consultation and the Board for expenses incurred by the Board through (4) as paragraphs (1) through (3), re- collaboration with the Department and other in carrying out the duties of the Board. spectively. institutional, governmental, and private ac- (e) TERMINATION OF BOARD.—The Board (b) TRADE ADJUSTMENT ASSISTANCE FOR tors conducting scientific research into the shall terminate on December 31 of the fifth FIRMS.—Section 251 of the Trade Act of 1974 causes or treatments of citrus diseases and calendar year that begins after the date of (19 U.S.C. 2341) is amended— pests, both domestic and invasive, so as to— enactment of this Act. (1) in subsection (c)— (I) maximize the effectiveness of the ac- (A) in paragraph (1)(C), by striking ‘‘con- tivities; SA 640. Mr. DEMINT submitted an tributed importantly to such total or partial (II) hasten the development of useful treat- amendment intended to be proposed by separation, or threat thereof, and to’’ and in- ments; and him to the bill H.R. 2832, to extend the serting ‘‘were a substantial cause of such (III) avoid duplicative and wasteful expend- Generalized System of Preferences, and total or partial separation, or threat thereof, itures; and for other purposes; which was ordered and of’’; and (viii) to provide the Secretary with such to lie on the table; as follows: (B) in paragraph (2)— information and advice as the Secretary may At the end of the amendment, add the fol- (i) by striking subparagraph (A); request. lowing: (ii) by striking ‘‘(B)’’; and (5) CITRUS RESEARCH AND DEVELOPMENT SEC. l03. MODIFICATION OF STANDARD FOR (iii) by redesignating clauses (i) and (ii) as AGENDA AND BUDGETS.— PROVISIONS THAT MAY BE IN- subparagraphs (A) and (B), respectively, and (A) IN GENERAL.—The Board shall submit CLUDED IN IMPLEMENTING BILLS. moving such subparagraphs, as so redesig- annually to the Secretary a proposed re- Section 2103(b) of the Bipartisan Trade nated, 2 ems to the left. search and development agenda and budget Promotion Authority Act of 2002 (19 U.S.C. (c) TRADE ADJUSTMENT ASSISTANCE FOR for the Trust Fund, which shall include— 3803(b)), as amended by section l02, is fur- FARMERS.— (i) an evaluation of ongoing research and ther amended in paragraph (3)(B) by striking (1) IN GENERAL.—Section 292(c)(3) of the development efforts; clause (ii) and inserting the following: Trade Act of 1974 (19 U.S.C. 2401a(c)(3)) is

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.034 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5789 amended by striking ‘‘contributed impor- SEC. ll03. SENSE OF CONGRESS. ‘‘(C) has special features to protect against tantly to’’ and inserting ‘‘was a substantial It is the sense of Congress that— hazards in the workplace (such as resistance cause of’’. (1) there is no production in the United to chemicals, compression, grease, oil, pene- (2) CONFORMING AMENDMENT.—Section 291 States of many footwear articles; tration, slippage, or static-buildup). of the Trade Act of 1974 (19 U.S.C. 2401) is (2) the reduction or elimination of duties ‘‘(ii) ‘Work footwear’ does not cover— amended by striking paragraph (3) and redes- on such articles will not negatively affect ‘‘(A) sports footwear, tennis shoes, basket- ignating paragraphs (4) through (7) as para- manufacturing or employment in the United ball shoes, gym shoes, training shoes and the graphs (3) through (6), respectively. States; and like; (3) the reduction or elimination of duties ‘‘(B) footwear designed to be worn over SA 643. Ms. CANTWELL (for herself on such articles will result in reduced retail other footwear; and Mr. BLUNT) submitted an amend- prices for a wide range of consumers. ‘‘(C) footwear with open toes or open heels; ment intended to be proposed by her to SEC. ll04. AMENDMENT TO THE HARMONIZED or the bill H.R. 2832, to extend the Gener- TARIFF SCHEDULE OF THE UNITED ‘‘(D) footwear (except footwear covered by STATES. alized System of Preferences, and for heading 6401) of the slip-on type or other The Additional Notes to chapter 64 of the footwear that is held to the foot without the other purposes; which was ordered to Harmonized Tariff Schedule of the United use of laces or a combination of laces and lie on the table; as follows: States are amended by adding at the end the hooks or other features. At the end, add the following new title: following: ‘‘(d) The term house slippers means foot- ‘‘5. For the purposes of determining the TITLEll—AFFORDABLE FOOTWEAR wear of the slip-on type designed solely for constituent material of the outer sole pursu- casual indoor use. The term ‘house slippers’ SEC. ll01. SHORT TITLE. ant to Note 4(b) of this chapter, the con- includes— This title may be cited as the ‘‘Affordable stituent material of an outer sole consisting ‘‘(i) footwear with outer soles not over 3.5 Footwear Act of 2011’’. of rubber or plastics to which textile mate- mm in thickness, consisting of cellular rub- SEC. ll02. FINDINGS. rials are attached or into which such mate- ber, nongrain leather, or textile material; Congress finds the following: rials are otherwise incorporated shall be ‘‘(ii) footwear with outer soles not over 2 (1) Average collected duties on imported deemed to be only rubber or plastics, and no mm in thickness consisting of polyvinyl footwear are among the highest of any prod- account shall be taken of the textile mate- chloride, whether or not backed; and uct sector, totaling approximately rials.’’. ‘‘(iii) footwear which, when measured at $2,000,000,000 during 2010. SEC. ll05. TEMPORARY ELIMINATION OR RE- the ball of the foot, has sole components (in- (2) Duty rates on imported footwear are DUCTION OF DUTIES ON CERTAIN cluding any inner and mid-soles) with a com- among the highest imposed by the United FOOTWEAR. bined thickness not over 8 mm as measured States Government, with some as high as the (a) DEFINITIONS.—The U.S. Notes to sub- from the outer surface of the uppermost sole equivalent of 67.5 percent ad valorem. chapter II of chapter 99 of the Harmonized component to the bottom surface of the (3) The duties currently imposed by the Tariff Schedule of the United States are outer sole and which, when measured in the United States were set in an era during amended by adding at the end the following: same manner at the area of the heel, has a which high rates of duty were intended to ‘‘20. For the purposes of headings 9902.64.25 thickness equal to or less than that at the protect production of footwear in the United through 9902.64.58: ball of the foot. States. ‘‘(a) The term ‘footwear for men’ means ‘‘(e) For purposes of subheadings 9902.64.28, (4) Footwear produced in the United States footwear of American men’s size 6 and larger 9902.64.32, and 9902.64.51, the dollar amount supplies only about 1 percent of the total for males and does not include footwear com- specified as the value of a good shall be as United States market for footwear. This pro- monly worn by both sexes. follows: duction is concentrated in distinct product ‘‘(b) The term ‘footwear for women’ means ‘‘(i) In calendar years 2011 through 2013, $22/ groupings, which are not affected by the pro- footwear of American women’s size 4 and pair. visions of this title. larger, whether for females or of types com- ‘‘(ii) In calendar years 2013 through 2016, (5) Footwear duties, which are higher on monly worn by both sexes. $24/pair. lower-price footwear, serve no purpose and ‘‘(c)(i) The term ‘work footwear’ means, in ‘‘(f) The term waterproof footwear means are a hidden, regressive tax on those people addition to footwear for men or footwear for footwear designed to protect against pene- in the United States least able to pay. women having a metal toe-cap, footwear for tration by water or other liquids, whether or (6) Low- and moderate-income families men or footwear for women that— not such footwear is primarily designed for spend a larger share of their disposable in- ‘‘(A) has outer soles of rubber or plastics; such purposes.’’. come on footwear than higher-income fami- ‘‘(B) is of a kind designed for use by per- (b) AMENDMENTS TO HTS.—Subchapter II of lies. sons employed in occupations such as those (7) The outdoor industry develops innova- related to the agricultural, construction, in- chapter 99 of the Harmonized Tariff Schedule tive and high performance footwear that pro- dustrial, public safety, or transportation sec- of the United States is amended by inserting motes healthy and active lifestyles through tors that are not normally worn as casual, in numerical sequence the following new outdoor recreation. dress, or similar lightweight footwear; and headings:

‘‘ 9902.64.25 Vulcanized rubber lug boot bottoms for actual use in fishing waders (provided for in subheading 6401.92.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.26 Sports footwear with outer soles and uppers of rubber or plastics (other than golf shoes), having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics (except footwear having foxing or a foxing-like band applied or molded at the sole and overlapping the upper); the foregoing not including footwear for women (provided for in subheading 6402.19.15) ...... Free No change No change On or before 12/31/ 2016 9902.64.27 Footwear (other than work footwear or footwear designed to be worn over or in lieu of other footwear as a protection against water, oil, grease or chemicals, or cold or inclement weather) with outer soles and uppers of rubber or plastics, covering the ankle, not incorporating a protective metal toe-cap, having uppers of which over 90 percent of the external surface area is rubber or plastics (provided for in subheading 6402.91.40) ...... Free No change No change On or before 12/31/ 2016

VerDate Mar 15 2010 05:34 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.035 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5790 CONGRESSIONAL RECORD — SENATE September 20, 2011 9902.64.28 Footwear (other than vulcanized footwear and footwear with waterproof molded bottoms, including bottoms comprising an outer sole and all or part of the upper) with outer soles and uppers of rubber or plastics, valued over the dollar amount specified in U.S. Note 20(e) to this chapter, whose height from the bottom of the outer sole to the top of the upper does not exceed 20.32 cm if for men or women or does not exceed 17.78 cm if for persons other than men or women, designed to be used in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather, and where such protection includes protection against water imparted by the use of a coated or laminated fabric (provided for in subheading 6402.91.50) ...... Free No change No change On or before 12/31/ 2016 9902.64.29 Footwear (other than work footwear) with outer soles and uppers of rubber or plastics, covering the ankle, for men or women, such footwear which from the bottom of the outer sole to the top of the upper does not exceed 13 cm or which exceeds 21 cm, or regardless of height is slip-on footwear (provided for in subheading 6402.91.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.30 Tennis shoes, basketball shoes, gym shoes, training shoes and the like (provided for in subheading 6402.91.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.31 Footwear with outer soles and uppers of rubber or plastic, not covering the ankle, other than work footwear or house slippers (provided for in subheading 6402.99.31) ...... Free No change No change On or before 12/31/ 2016 9902.64.32 Footwear (other than vulcanized footwear and footwear with waterproof molded bottoms, including bottoms comprising an outer sole and all or part of the upper) with outer soles and uppers of rubber or plastics, valued over the dollar amount specified in U.S. Note 20(e) of this chapter, designed to be used in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather, and where such protection includes protection against water imparted by the use of a coated or laminated textile fabric (provided for in subheading 6402.99.33) ...... Free No change No change On or before 12/31/ 2016 9902.64.33 Footwear with outer soles and uppers of rubber or plastics, other than house slippers (provided for in subheading 6402.99.40) ...... Free No change No change On or before 12/31/ 2016 9902.64.34 Footwear with outer soles and uppers of rubber or plastics other than house slippers (provided for in subheading 6402.99.70) ...... Free No change No change On or before 12/31/ 2016 9902.64.35 Footwear with outer soles and uppers of leather, covering the ankle, other than footwear for women (provided for in subheading 6403.51.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.36 Footwear for men, and footwear for youths and boys, covering the ankle, valued over $12/pair, such footwear which from the bottom of the outer sole to the top of the upper does not exceed 13 cm or which exceeds 21 cm, or regardless of height is waterproof footwear, other than work footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like, and other than slip-on footwear (provided for in subheading 6403.91.60) ..... Free No change No change On or before 12/31/ 2016 9902.64.37 Slip-on footwear for men and footwear for youths and boys covering the ankle; such footwear with sole components, including any mid-soles but excluding any inner soles, which when measured at the ball of the foot have a combined thickness less than 13.5 mm, the foregoing valued over $20/pair (provided for in subheading 6403.91.60) ...... Free No change No change On or before 12/31/ 2016 9902.64.38 Footwear for men, other than slip-on footwear, work footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like, valued not over $12/pair (provided for in subheading 6403.91.60) ...... Free No change No change On or before 12/31/ 2016 9902.64.39 Footwear for youth and boys other than tennis shoes, basketball shoes, gym shoes, training shoes and the like (provided for in subheading 6403.91.60) ...... Free No change No change On or before 12/31/ 2016

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.036 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 20, 2011 CONGRESSIONAL RECORD — SENATE S5791 9902.64.40 Footwear (other than footwear for men or footwear for youths and boys) covering the ankle, valued over $12/pair, such footwear of a height which from the bottom of the outer sole to the top of the upper does not exceed 13 cm, or which exceeds 21 cm, or regardless of height, is waterproof footwear, or footwear where the difference in height between the bottom of the sole at the ball of the foot to the top of the midsole and from the bottom of the heel to the top of the midsole is over 30 mm, other than work footwear and other than slip-on footwear (provided for in subheading 6403.91.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.41 Slip-on footwear (other than footwear for men or footwear for youths or boys) covering the ankle; such footwear with a heel over 15 mm in height as measured from the bottom of the sole or sole components (including any mid-soles but excluding any inner soles) which when measured at the ball of the foot have a combined thickness less than 13.5 mm, the foregoing valued over $20/pair (provided for in subheading 6403.91.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.42 Footwear for women other than slip-on footwear, work footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like, valued not over $12/pair (provided for in subheading 6403.91.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.43 Footwear for persons other than women, other than slip-on footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like (provided for in subheading 6403.91.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.44 Tennis shoes, basketball shoes, gym shoes, training shoes and the like for youths and boys (provided for in subheading 6403.99.60) ...... Free No change No change On or before 12/31/ 2016 9902.64.45 Footwear valued over $2.50/pair (other than footwear for men, youths and boys, house slippers, work footwear and other than tennis shoes, basketball shoes, gym shoes, training shoes and the like) (provided for in subheading 6403.99.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.46 Sports footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like, with outer soles of rubber or plastics and uppers of textile materials (provided for in subheading 6404.11.50, 6404.11.60, 6404.11.70 or 6404.11.80) ...... Free No change No change On or before 12/31/ 2016 9902.64.47 Sports footwear (other than ski boots, cross country ski footwear and snowboard boots) for persons other than men or women (provided for in subheading 6404.11.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.48 Ski boots, cross country ski footwear and snowboard boots for men or women (provided for in subheading 6404.11.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.49 Tennis shoes, basketball shoes, gym shoes, training shoes and the like, covering the ankle, for men and women (provided for in subheading 6404.11.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.50 Footwear with outer soles of rubber or plastics and uppers of textile materials, having uppers of which over 50 percent of the external surface area is leather (provided for in subheading 6404.19.15) ...... Free No change No change On or before 12/31/ 2016 9902.64.51 Footwear (except vulcanized footwear and footwear with waterproof molded bottoms, including bottoms comprising an outer sole and all or part of the upper) with outer soles of rubber or plastics and uppers of textile materials, valued over the dollar amount specified in U.S. Note 20(e) to this chapter, whose height from the bottom of the outer sole to the top of the upper does not exceed 20.32 cm if for men or women, or does not exceed 17.78 cm if for persons other than men or women, designed to be worn in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather and where such protection includes protection against water imparted by the use of a coated or laminated fabric (provided for in subheading 6404.19.20) ...... Free No change No change On or before 12/31/ 2016 9902.64.52 Footwear for men with outer soles of rubber or plastics and uppers of vegetable fibers, other than house slippers (provided for in subheading 6404.19.25) ...... Free No change No change On or before 12/31/ 2016 9902.64.53 Footwear with outer soles of rubber or plastics and uppers of textile materials (provided for in subheading 6404.19.35) ...... Free No change No change On or before 12/31/ 2016

VerDate Mar 15 2010 04:04 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A20SE6.036 S20SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5792 CONGRESSIONAL RECORD — SENATE September 20, 2011 9902.64.54 Footwear for women, with outer soles of rubber or plastics and uppers of textile materials other than house slippers (provided for in subheading 6404.19.50) ...... Free No change No change On or before 12/31/ 2016 9902.64.55 Footwear with outer soles of rubber or plastics and uppers of textile materials (provided from subheading 6404.19.60, 6404.19.70, 6404.19.80, or 6404.19.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.56 Footwear with uppers of leather or composition leather for men (provided for in subheading 6405.10.00) ...... Free No change No change On or before 12/31/ 2016 9902.64.57 Footwear with uppers of textile materials, other than with soles and uppers of wool felt (provided for in subheading 6405.20.90) ...... Free No change No change On or before 12/31/ 2016 9902.64.58 Footwear not elsewhere provided for in chapter 64 (provided for in subheading 6405.90.90) ...... Free No change No change On or before 12/31/ 2016. ’’.

SEC. ll06. EFFECTIVE DATE. mittee on Banking, Housing, and man of the Select Committee on Intel- This title and the amendments made by Urban Affairs’ Subcommittee on Hous- ligence, and pursuant to provisions of this title shall— ing, Transportation, and Community Public Law 107–306, as amended by Pub- (1) take effect on the 15th day after the Development be authorized to meet lic Law 111–259, announces the appoint- date of the enactment of this title; and (2) apply to articles entered, or withdrawn during the session of the Senate on ment of the Senator from Indiana, Mr. from warehouse for consumption, on or after September 20, 2011, at 10 a.m., to con- COATS, to serve as a member of the Na- such day. duct a hearing entitled ‘‘New Ideas to tional Commission for the Review of f Address the Glut of Foreclosed Prop- the Research and Development Pro- erties.’’ grams of the United States Intelligence AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without Community. MEET objection, it is so ordered. f COMMITTEE ON ARMED SERVICES SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT UNANIMOUS CONSENT Mr. DURBIN. Mr. President, I ask MANAGEMENT, THE FEDERAL WORKFORCE, AGREEMENT—H.R. 2832 unanimous consent that the Com- AND THE DISTRICT OF COLUMBIA mittee on Armed Services be author- Mr. DURBIN. Mr. President, I ask Mr. REID. Mr. President, I ask unan- ized to meet during the session of the unanimous consent that the Com- imous consent that following morning Senate on September 20, 2011, at 9:30 mittee on Homeland Security and Gov- business tomorrow, Wednesday, Sep- a.m. ernmental Affairs’ Subcommittee on tember 21, the Senate resume consider- The PRESIDING OFFICER. Without Oversight of Government Management, ation of H.R. 2832, the general trade objeciton, it is so ordered. the Federal Workforce, and the Dis- preference legislation; that following COMMITTEE ON FINANCE trict of Columbia be authorized to reporting of the bill, Senator MCCAIN Mr. DURBIN. Mr. President, I ask meet during the session of the Senate or his designee be recognized to call up unanimous consent that the Com- on September 20, 2011, at 9:30 a.m. in amendment No. 625; that the time until mittee on Finance be authorized to order to conduct a hearing entitled, 12:30 be equally divided between the meet during the session of the Senate ‘‘Intelligence Community Contractors: two leaders or their designees for de- on September 20, 2011, at 10 a.m., in Are We Striking the Right Balance?’’ bate on the McCain and Hatch amend- room 215 of the Dirksen Senate Office The PRESIDING OFFICER. Without ments; further, at 12:30 the Senate pro- Building, to conduct a hearing entitled objection, it is so ordered. ceed to votes in relation to the Hatch ‘‘Tax Reform Options: Incentives for f amendment No. 641 and McCain amendment No. 625, in that order; that there Innovation.’’ PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. Without be 2 minutes equally divided prior to objection, it is so ordered. Mr. MENENDEZ. Mr. President, I ask each vote, there be no amendments, unanimous consent that Andi Lipstein points of order, or motions in order to COMMITTEE ON THE JUDICIARY Fristedt, a detailee to the Senate either amendment prior to the votes on Mr. DURBIN. Mr. President, I ask HELP Committee, be granted floor the amendment other than budget unanimous consent that the Com- privileges for the duration of Senate points of order and the applicable mo- mittee on the Judiciary be authorized floor business today. tions to waive; that each amendment to meet during the session of the The PRESIDING OFFICER. Without be subject to a 60-affirmative-vote Seante, on September 20, 2011, at 2:30 objection, it is so ordered. threshold. p.m., in room SD–226 of the Dirksen Mr. WYDEN. Mr. President, I ask The PRESIDING OFFICER. Without Senate Office Building, to conduct a unanimous consent that the following objection, it is so ordered. hearing entitled ‘‘Nominations.’’ members of the Finance Committee f The PRESIDING OFFICER. Without staff be granted floor privileges during objection, it is so ordered. consideration of the Generalized Sys- ORDERS FOR WEDNESDAY, SELECT COMMITTEE ON INTELLIGENCE tem of Preferences Act: Derrick Rig- SEPTEMBER 21, 2011 Mr. DURBIN. Mr. President, I ask gins, Chris Arneson, Miranda Dalpiaz, Mr. REID. Mr. President, I ask unan- unanimous consent that the Select Nick Malinak, Cosimo Thawley, Tyler imous consent that when the Senate Committee on Intelligence be author- Evilsizer, Stephen McGraw, and Claire completes its business today, it ad- ized to meet during the session of the Green. journ until 9:30 a.m. on Wednesday, Senate on September 20, 2011, at 2:30 The PRESIDING OFFICER. Without September 21; that following the pray- p.m. objection, it is so ordered. er and pledge, the Journal of pro- The PRESIDING OFFICER. Without f ceedings be approved to date, the objection, it is so ordered. morning hour be deemed expired, the APPOINTMENT SUBCOMMITTEE ON HOUSING, TRANSPORTATION, time for the two leaders be reserved for AND COMMUNITY DEVELOPMENT The PRESIDING OFFICER. The their use later in the day; that fol- Mr. DURBIN. Mr. President, I ask Chair, on behalf of the Republican lowing any leader remarks, the Senate unanimous consent that the Com- leader, after consultation with chair- be in a period of morning business for

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A TRIBUTE TO VAN HARDEN AND tion of their stellar broadcasts. I congratulate who has exemplified the finest qualities of citi- BONNIE LUCAS Van, Bonnie, their correspondent Mark Allen, zenship and leadership by taking an active and all of their coworkers as they continue to part in the Boy Scouts of America, Troop 303, HON. TOM LATHAM wake up Iowa with a smile. and earning the most prestigious award of OF IOWA f Eagle Scout. Trevor has been very active with his troop, IN THE HOUSE OF REPRESENTATIVES RECOGNITION OF THE 100TH ANNI- participating in many scout activities. Over the Tuesday, September 20, 2011 VERSARY OF THE REPUBLIC OF many years Trevor has been involved with Mr. LATHAM. Mr. Speaker, I rise today to CHINA’S NATIONAL DAY scouting, he has not only earned numerous recognize Van Harden and Bonnie Lucas of merit badges, but also the respect of his fam- the ‘‘Van and Bonnie in the Morning’’ radio HON. DAN BOREN ily, peers, and community. Most notably, show. Van and Bonnie are Iowa radio icons OF OKLAHOMA Trevor has contributed to his community and broadcast their show daily on the leg- IN THE HOUSE OF REPRESENTATIVES through his Eagle Scout project. endary Newsradio 1040 WHO. Van and Mr. Speaker, I proudly ask you to join me in Bonnie are winners of multiple coveted Mar- Tuesday, September 20, 2011 commending Trevor Wayne Parker for his ac- coni Awards from the National Association of Mr. BOREN. Mr. Speaker, I rise today and complishments with the Boy Scouts of Amer- Broadcasters, including their most recent, ask my colleagues to join me in recognizing ica and for his efforts put forth in achieving the which is why I stand before you today. I am an important day for the Republic of China highest distinction of Eagle Scout. honored to announce that Van and Bonnie (ROC), National Day, also known as ‘‘Double f have been declared the winners of the 2011 Ten Day’’. On October 10, 1911, the Qing Dy- IN RECOGNITION OF THE NAMING ‘‘Personality of the Year Award’’ among me- nasty collapsed as a result of the Wuchang OF THE MIDPARK POST OFFICE dium-sized market radio stations by the Mar- Uprising and ushered in the beginning of rep- THE DAVID J. DONAFEE POST coni Radio Award Selection Academy. resentative government in China. This year, OFFICE BUILDING What makes this award so exciting for Van Double Ten Day holds special significance as and Bonnie, and for Iowa, is that it exemplifies the Republic of China marks its 100th birth- the rewards of hard work from humble begin- day. This will be a day of great celebration HON. DENNIS J. KUCINICH nings. Van Harden was raised in Adel, Iowa, and thanksgiving throughout the country, and OF OHIO where he developed his passion for the inti- I call on my colleagues to join me in offering IN THE HOUSE OF REPRESENTATIVES mate Iowa communities that make our state congratulations and good wishes to President Tuesday, September 20, 2011 so great. Van knew he wanted to turn his pas- Ma Ying-jeou and the people of Taiwan. Mr. KUCINICH. Mr. Speaker, I rise today in sion into a career by promoting and informing It was under the leadership of Dr. Sun Yat- honor and memory of David John Donafee, Iowans on the radio. His dream became a re- sen that over two thousand years of dynasties upon the official naming of the Midpark Post ality after graduating from Drake University in were brought to an end. The past century has Office, the David J. Donafee Building, and in 1973, where he majored in broadcast jour- seen tremendous growth and development for recognition of his service to our community. nalism and got his first on-air job with KDLS– the Republic of China on Taiwan. It has devel- Mr. Donafee had longstanding ties within AM in Perry, Iowa. After jobs in Tulsa, Okla- oped a dynamic democratic system of govern- the Cleveland community. The youngest of homa at KWEN–FM and KRNT–AM in Des ment, spurred steady economic growth, and four siblings, he was born on April 29, 1965, Moines, he became the host of the morning encouraged the flourishing of the arts and and raised in Brook Park, Ohio. He graduated program at 1040 WHO–AM in Des Moines in sciences with an emphasis on free and open from Berea High School and Polaris Career 1986. dialogue and debate. Center and went to work as a steelworker Similarly, Van’s co-host, Bonnie Lucas of Under the leadership of President Ma, Tai- prior to his employment with the U.S. Postal Monroe, Iowa, has been with the WHO morn- wan has continued to strengthen its economy Service. Mr. Donafee was tragically killed ing program for 17 years. Bonnie’s first job in through extensive foreign trade. The United while delivering mail on his route in Parma radio began in 1979 at KRNT, where she was States recently welcomed another Taiwanese Heights, Ohio, on February 14, 2008. a former co-worker of Van’s. In the seven and agricultural trade mission, which offers the Mr. Donafee’s legacy in the Greater Cleve- a half years Bonnie spent at KRNT, she promise of strong export market for our farm- land community, and with his colleagues at worked in the traffic department, served as ers and a steady supply of food supply for the the postal service, is that of a genial and posi- secretary to the General Manager, worked as citizens of Taiwan. President Ma has also tive spirit. In addition to his fourteen years of the Assistant Sales Manager and finally went helped ease tensions with mainland China service to the community through the U.S. into sales for KRNT. After Bonnie started her through economic agreements which have led Postal service, he was well-known in the local own small fitness center business and worked to benefits for all. hockey community for his support of and infor a communications company, she tried out Because of this, I stand today with the peo- volvement in his children’s youth hockey for Van’s co-host position in August 1994 and ple of Taiwan as they celebrate the 100th an- league. has been with the award-winning program niversary of the founding of the Republic of David Donafee was the kind of employee ever since. China. May their commitment to freedom and that anyone would have wanted to have as a Van and Bonnie’s commitment to Iowa is democracy continue to flourish in the decades colleague. He was always on the lookout for virtually unparalleled as they are up every and centuries to come. ways to help his customers. In the office, he morning by 3:30 a.m. to be on the air by 4:59 f was conscientious and willing to go above and a.m. They have made a name for themselves beyond to help fellow employees. With cus- as the most listened to morning show in the HONORING TREVOR WAYNE tomers and coworkers alike, he was always state and bolstered an already esteemed radio PARKER courteous. He was dedicated to family and station with their enthusiasm, knowledge, cre- friends. What made him unique and set him ativity, and family-friendly humor. They do an HON. SAM GRAVES apart was that, regardless with whom he exceptional job of utilizing WHO’s 50,000 OF MISSOURI interacted, he would add a little bit of humor watts to connect with each Iowan who tunes IN THE HOUSE OF REPRESENTATIVES that would make the day a little easier. in and leave their listeners with a smile as the Mr. Speaker and colleagues, please join me day begins. Tuesday, September 20, 2011 in honor and memory of David John Donafee, Van and Bonnie have provided years of Mr. GRAVES of Missouri. Mr. Speaker, I upon the official naming of the Midpark Post sunshine to our state’s early risers, and I am proudly pause to recognize Trevor Wayne Office, the David J. Donafee Building on Sep- honored to recognize the most recent affirma- Parker. Trevor is a very special young man tember 18, 2011. Mr. Donafee’s service to his

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

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K20SE8.001 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1658 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2011 family, friends, and the community greatly in- In July, I opposed a one-sided resolution KEVIN WODLINGER TRIBUTE fluenced the lives of everyone he has known. that condemned any attempt by the P.A. to He will forever be remembered along the seek recognition from the U.N., but made no streets of Parma Heights and throughout the mention of the continued settlement building in HON. SCOTT R. TIPTON Greater Cleveland community. the West Bank and East Jerusalem that led to OF COLORADO f the breakdown in negotiations between Israel IN THE HOUSE OF REPRESENTATIVES and the Palestinians. By only holding one side IN RECOGNITION OF accountable for such unilateral actions, we un- Tuesday, September 20, 2011 INTERDEPENDENCE DAY dermine the very negotiations we claim to sup- Mr. TIPTON. Mr. Speaker, I rise today to port. A just solution and good faith negotia- honor Mr. Kevin Wodlinger for his work with HON. DENNIS J. KUCINICH tions will not succeed as long as the United the local Colorado Honor Flight Network, an OF OHIO States allows settlement building to continue. organization that flies veterans to Washington IN THE HOUSE OF REPRESENTATIVES We cannot be an honest broker or claim to act to see the World War II memorial. Tuesday, September 20, 2011 in Israel’s best interests while turning a blind The Honor Flight Network was founded in Mr. KUCINICH. Mr. Speaker, I rise today in eye to actions that undermine its security. 2005 by retired Air Force Captain and physi- recognition of the 2011 Interdependence Day, True, long-term stability and security for cian assistant Earl Morse. Mr. Morse retired celebrated annually on September 12th. Inter- Israel is dependent on peace with its Pales- from the United States Air Force in 1998, and dependence Day is a global celebration tar- tinian neighbors. I unequivocally support a ne- recognized the need for an organization to geted at raising awareness of the inter- gotiated solution to the Israeli-Palestinian con- help World War II veterans fly to see their me- dependent character of global society. flict. But a just, negotiated solution can only be morial in Washington. In May of 2005, the first Interdependence Day began in 2000, when achieved when both sides are held account- World War II veterans were flown from Spring- a small group of international artists, political able for actions that undermine the reality of a field, Ohio to see their memorial. activists and scholars came together and two-state solution on the ground. When Mr. Wodlinger received news of this began a dialogue about the possibilities of organization, he knew he needed to help to interdependence between nations. Following f get this program to Colorado’s Western Slope. the tragic events of September 11, 2011, this ERNEST HOUSE SR. TRIBUTE In 2009, the first Western Slope Honor Flight small group’s idea began an international took off. movement, the Interdependence Movement. In April of 2011, Mr. Wodlinger was honored Today, the Interdependence Movement is with the Red Cross Hero nomination for his ef- comprised of a global group of citizens known HON. SCOTT R. TIPTON forts to start the Western Slope Honor Flight. as Citizens without Borders. This group is fo- OF COLORADO After receiving this nomination, Mr. Wodlinger cused on ‘‘creating a constructive inter- IN THE HOUSE OF REPRESENTATIVES claimed he only wanted to make sure that the dependent consciousness that facilitates glob- World War II veterans from Colorado’s West- al cooperation and global governance.’’ Tuesday, September 20, 2011 ern Slope, the ‘‘real heroes,’’ were recognized. Every year since the 2003 Interdependence Mr. TIPTON. Mr. Speaker, I rise today to Mr. Speaker, it is an honor to recognize Mr. Day celebration in Philadelphia, the world’s honor the former Ute Mountain Ute Tribal citizens have come together in Rome, Paris, Kevin Wodlinger. His work with the Honor leader from the Weeminuche Tribe, Ernest Flight Network has provided hundreds of Morocco, Mexico City, Brussels, Istanbul, Ber- House Sr. Over the past 30 years, his influ- lin and most recently, New York City. The World War II heroes the ability to see the me- ence, dedication and leadership to the Ute morial America erected in their honor. 2011 Interdependence Day celebration coin- Mountain tribe has grown the tribe’s influence cided with the 10th anniversary of the events in the state of Colorado and in the United f of September 11, 2001 and was especially im- States. portant to the kick-off of the Interdependence Mr. House is the grandson of the Ute Moun- TIM JACKSON TRIBUTE Movement as a year long project. Mr. Speaker and colleagues, please join me tain Ute tribe’s last hereditary Chief, Chief in recognition of the 2011 Interdependence Jack House. In the last years of Chief Jack HON. SCOTT R. TIPTON Day, which was celebrated on September 12th House’s life, Mr. Ernest House Sr. cared for OF COLORADO in New York City. I wish the Citizens without him, learning much about the tribe’s history Borders my best as they strive towards an and potential for future plans. IN THE HOUSE OF REPRESENTATIVES international community that comes together Mr. House was first elected to the Ute Tuesday, September 20, 2011 for global peace and understanding. Mountain Tribal Council in 1979. Three years f later, Mr. House became chairman for the first Mr. TIPTON. Mr. Speaker, I rise today to time, beginning the first of his four non- honor Mr. Tim Jackson, president of the Colo- ON PALESTINIAN STATEHOOD AND consecutive four-year terms as chairman for rado Automobile Dealers Association and ad- THE U.N. BID FOR RECOGNITION the Ute Mountain Tribe—his last term ending vocate for Colorado drivers and Colorado auto in 2010. dealers. HON. DENNIS J. KUCINICH As chairman, Mr. House helped the Ute Mr. Jackson has spent his professional life OF OHIO Tribe accomplish several projects that wid- advocating on behalf of small businesses and IN THE HOUSE OF REPRESENTATIVES ened the tribe’s economic and natural re- Colorado consumers. As the State Director of Tuesday, September 20, 2011 source development. Between 1986 and 1988, the National Federation of Independent Busi- ness, Mr. Jackson pursued the Colorado legis- Mr. KUCINICH. Mr. Speaker, this week, the Mr. House worked to complete two major lature on behalf of small businesses. Palestinian Authority (P.A.) will seek recogni- water compacts to provide water throughout tion of a Palestinian state on 1967 borders at the Ute territories. In addition, Mr. House As President of the Colorado Automobile the United Nations (U.N.) The United States oversaw several building projects, including a Dealers Association, Mr. Jackson has urged has reportedly given the P.A. private assur- tribal health center and casino. In his last term the Colorado state legislature and the United ances over opposing future Israeli settlement as chairman, Mr. House Sr. focused primarily States Congress to implement policies that building in the West Bank and has urged the on tribal safety, widening the Tribe’s police help local Colorado new car and truck dealers P.A. to return to the negotiating table. Yet the force from two officers to more than 12 offi- to maintain their businesses while selling envi- threats by this Congress to cut off aid to the cers. ronmentally-safe cars to the Colorado public. P.A. for making such a move fail to recognize On Saturday, Sept. 17, 2011, Mr. House In 2009, Mr. Jackson won the Outstanding that the efforts of the P.A. to seek recognition was tragically taken from us after a motorcycle Automotive Trade Association Executive from from the U.N. and from other states are born accident outside of Cortez, Colorado. the National Automobile Dealers Association. directly of the failure of the so-called ‘‘peace Mr. Speaker, it is an honor to recognize Mr. Mr. Speaker, it is an honor to recognize Mr. process’’ that has allowed settlement construc- Ernest House Sr. His leadership and dedica- Tim Jackson. The state and people of Colo- tion in the West Bank to continue and that tion to the Ute Tribe has benefited thousands, rado are lucky to have such a determined, en- threatens to destroy any hope of the very two- and he will be greatly missed by the Ute Tribe trepreneurial-minded leader advocating on state solution we advocate for. and the state of Colorado. their behalf.

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K20SE8.004 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 20, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1659 HONORING AIMEE SORDELLI FOR Colonel in the United States Air Force. It is a Gail was a leader who led quietly by exam- RECEIVING THE CHARLES E. privilege to recognize his many accomplish- ple. He was competent, determined, and ac- PIPER AWARD ments and dedicated service to our country complished many great things, especially in today. the important field of public safety, all done HON. DANIEL LIPINSKI Lt. Col. McCollum began his decorated mili- with a sense of duty, purpose and humility. OF ILLINOIS tary career upon graduation from the United Gail was a loving husband, father, and IN THE HOUSE OF REPRESENTATIVES States Naval Academy in 1994 with a degree grandfather, and great-grandfather. His wife in Oceanography. His academic ambitions led Lois, and their four children Keith, Kathy, Tuesday, September 20, 2011 him to George Washington University Law Greg, Pamela and the Chatfield grandchildren, Mr. LIPINSKI. Mr. Speaker, I rise today to School, where he graduated with a Juris Doc- great-grandchildren will miss him. honor Aimee Sordelli, who will receive the tor in 2002. Finally, he earned a Masters de- He dedicated his life to helping others 26th Annual Charles E. Piper Award in No- gree in Business Administration at Colorado whether it was performing his heroics in a fire vember. The Charles E. Piper Award is pre- State University in 2011. or working in the Missouri General Assembly sented by the Berwyn Development Corpora- Upon graduating from the United States helping those less fortunate—Gail was friend tion to honor achievement in business and Naval Academy, Lt. Col. McCollum was sta- to many Missourians. He was friend of mine. service to the community. Since moving to tioned on the USS Peterson in Norfolk, Vir- I will miss him. Berwyn in 1995, Ms. Sordelli has dedicated ginia as a Naval Officer. He has served on f herself to making the community safer, clean- several tours abroad, including a recent tour at er, and healthier. Kunsan Air Force Base in Korea. Lt. Col. COMMENDING THE FRANCISCAN During the past 16 years, Aimee Sordelli McCollum has pursued a career geared to- MISSIONARIES OF OUR LADY has amassed an impressive record of service, ward assisting his fellow officers with legal including sitting on several boards that strive matters. A devoted husband and father to HON. RODNEY ALEXANDER to improve life for Berwyn citizens. Currently, three daughters, Lt. Col. McCollum currently OF LOUISIANA Ms. Sordelli is Chairwoman of the Cook Coun- serves as Deputy Staff Judge Advocate for IN THE HOUSE OF REPRESENTATIVES ty Senior Advisory Board. She is also a mem- Headquarters at the Joint Base Pearl Harbor- Tuesday, September 20, 2011 ber of the 708 Mental Health Board and the Hickam in Hawaii. Main Street Board, as well as a Berwyn Town- Lt. Col. McCollum’s numerous accomplish- Mr. ALEXANDER. Mr. Speaker, it is with ship Trustee. There is scarcely a charitable or- ments include earning a Meritorious Service great pride that I rise today to congratulate the ganization in Berwyn to which she does not Medal with three oak leaf clusters, a Joint Franciscan Missionaries of Our Lady for their lend her time. When she is not volunteering Service Commendation Medal, a Navy/Marine century of faith and service to the State of for Earth Day clean ups or the Depot Beautifi- Corps Commendation Medal, and a Navy/Ma- Louisiana. This honor is shared as many lives cation Campaign, Ms. Sordelli is at meetings rine Corps Achievement Medal. Additionally, have been touched through the three sanitar- for Senior Advocate Health Care, the Berwyn Lt. Col. McCollum was consecutively named iums operating in our state. Development Corporation, or the Depot Dis- Deputy Staff Judge Advocate of the Year for Franciscan Missionaries of Our Lady started trict Special Events Committee. In addition to the 9th Air Force from 2007–2009. These ac- in France in 1854 when seven groups of Fran- her charitable endeavors, Aimee Sordelli complishments and many others speak to Lt. ciscan sisters banded together. As the organi- works as an Operations Manager at the Loy- Col. McCollum’s commitment to defending the zation rapidly grew throughout the world, the ola Marymount Hospital in Maywood, Illinois. best interests of his colleagues and preserving first North American expansion happened in Perhaps even more impressive than the the security and well-being of our nation. 1911 with the healing ministry being estab- many leadership positions Ms. Sordelli holds Lt. Col. Terrence J. McCollum’s notable ac- lished in Monroe, La. Two years later, St. in her community is the constant generosity complishments, academic achievements, and Francis Sanitarium opened in Monroe. and support she offers her neighbors. Ms. dedicated service to his country embody what After the first establishment in this city, the Sordelli once saved the life of her next door it means to be an exemplary United States cit- Franciscan Missionaries of Our Lady were in- neighbor by using a baseball bat to fend off an izen. I am proud to count him among the fine vited to open two more sanitariums throughout attacking pit bull. On September 11, 2001, she citizens of Illinois’ 3rd District, and I wish him Louisiana: Baton Rouge’s Our Lady of the brought a pot of chili to her local Berwyn fire the best as he continues to proudly serve our Lake Sanitarium was dedicated in 1923 and department. As her own act of remembrance, country. Lafayette’s Our Lady of Lourdes Hospital in Ms. Sordelli has made feeding her local first f 1949. responders an annual event. Today, it is a Even today, the congregation of the Francis- community wide operation with catered meals TO COMMEMORATE THE LIFE OF can Missionaries of Our Lady remains com- for Berwyn firefighters, police, and para- GAIL CHATFIELD mitted to the ministry of healthcare and spir- medics. It is not only her illustrious achieve- itual wholeness—serving all of God’s people. ments, but also her kind and genuine de- HON. RUSS CARNAHAN This organization is an example of how a meanor that make Aimee Sordelli a citizen OF MISSOURI small founding group can grow to touch the worthy of distinction and recognition. IN THE HOUSE OF REPRESENTATIVES lives of many, and I commend their hard work and dedication to making a positive difference I ask you to join me in honoring Ms. Aimee Tuesday, September 20, 2011 Sordelli on her selection as the 2011 recipient across our state. I ask my colleagues to join of the Charles E. Piper Award, and may she Mr. CARNAHAN. Mr. Speaker, our nation me in honoring the Franciscan Missionaries of continue to make a difference in the lives of most recently commemorated the tenth anni- Our Lady for their century of service. her fellow citizens for years to come. versary of 9–11; honoring those first respond- f ers who risked their lives to save others. f Today, I rise to recognize the life of one of A TRIBUTE TO THE LIFE OF HONORING LT. COL. TERRENCE J. Missouri’s finest first responders: Gail GABRIEL ‘‘GABE’’ TERRONEZ MCCOLLUM ON HIS PROMOTION Chatfield. TO THE RANK OF LIEUTENANT Gail Chatfield’s life was one of unselfish HON. JIM COSTA COLONEL IN THE UNITED public service. Gail served our nation in the OF CALIFORNIA STATES AIR FORCE Armed Services during the Korean War, dedi- IN THE HOUSE OF REPRESENTATIVES cated his life to ensure others were safe by HON. DANIEL LIPINSKI serving in the St. Louis Fire Department from Tuesday, September 20, 2011 OF ILLINOIS 1957–79. Gail also was elected to the Mis- Mr. COSTA. Mr. Speaker. I rise today to IN THE HOUSE OF REPRESENTATIVES souri General Assembly, representing the citi- pay tribute to the life of Mr. Gabriel ‘‘Gabe’’ zens of the City of St. Louis; he fought con- Terronez, who passed away on July 8, 2011 Tuesday, September 20, 2011 tinuously for affordable healthcare for his fel- at the age of seventy-one. Gabe was a distin- Mr. LIPINSKI. Mr. Speaker, I rise today to low citizens. Gail’s public service did not end guished boxer, educator, and community lead- honor an exemplary citizen and Illinois’ 3rd there: My father, Governor Mel Carnahan ap- er who always placed the utmost importance District constituent, Lt. Col. Terrence J. McCol- pointed Gail as Missouri’s Fire Marshal, serv- on hard work and leading by example. He lum. On June 30th, 2011, then Major McCol- ing from 1993–1995. He served on the St. served as a role model for an entire commu- lum was promoted to the rank of Lieutenant Louis Labor Council (AFL–CIO). nity and will be deeply missed.

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K20SE8.010 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1660 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2011 Gabe Terronez was born on March 24, work often behind the scenes, is vital in keep- KEVIN JEFFERSON 1940 to Jesus and Paula Terronez in Cam- ing the operations and services of the House eron, Texas. His family settled in the great running smoothly and efficiently. The employ- HON. STENY H. HOYER San Joaquin Valley where his athletic gifts ees we recognize today are acknowledged OF MARYLAND were able to flourish. While a student at Cor- and commended for their hard work, dedica- IN THE HOUSE OF REPRESENTATIVES coran High School, Gabe earned champion- tion, professionalism, support of House Mem- ships in wrestling and in track. Not only did bers and their staffs and constituents, and for Tuesday, September 20, 2011 Gabe possess superior athletic talent, he was their contributions day-in and day-out to the Mr. HOYER. Mr. Speaker, I rise to honor also a man of outstanding character. overall operations of the House. These em- the memory of Kevin Jefferson, a lifelong com- In 1957, Gabe joined the United States Ma- ployees have a wide range of responsibilities munity leader and public servant. Through his rine Corps, where he served his Nation proud- that support the legislative process, assure the work on issues from voter registration to gun ly. During his time in the Marines, Gabe won security of the institution, maintain our tech- control community empowerment, and through the Inter-Service Boxing championship. In nology and service infrastructure, and con- his service as an Itinerant Elder in the African 1960, Gabe competed in the Olympic trials tribute to a more effective and efficiently oper- Methodist Episcopal Church, Kevin made a and was also a number five world-ranked ating House support structure. They have ac- lasting difference for the better in the time that welterweight with a 32–8 record and 19 knock- complished a great many things in a wide he was given. outs. range of activities, and the House of Rep- Kevin began his career in public service Following his seven-year career, Gabe de- resentatives and its Members, staff, and the early as a student at Bowie State, where he cided to broaden his horizons and pursue an general public, are better served because of played an active role in student life. After serv- undergraduate degree. He used his earnings them. ing on Rev. Jesse L. Jackson’s Presidential from professional boxing to help pay for his We honor the individuals named below for campaign staff in 1984 and 1988, Kevin joined college tuition. After attending Fresno City Col- 25 years of dedicated service to the House. the national staff of the Rainbow/PUSH Coali- lege and California State University, Fresno, Collectively, this group has provided two hun- tion, through which he promoted voter reg- Gabe earned a Bachelor’s Degree in Spanish. dred seventy-five (275) years of service to the istration and education. He went on to become Gabe spent his adult life serving the public U.S. House of Representatives: the first National Minority Affairs Coordinator in a number of capacities. Upon graduating Gretchen Ewers, Office of the Chief Admin- at Handgun Control, Inc., and in this role, trav- from college, he worked for then-governor, istrative Officer; eled the country to help secure support for the Ronald Reagan, as a community relations Kevin Harris, Office of the Chief Administra- Brady Gun Control Bill. His leadership on consultant. Gabe later went on to work for the tive Officer; these important initiatives led to his involve- University of California, focusing his time on Darius Holmes, Office of the Sergeant at ment with President Clinton’s Presidential migrant and at-risk adolescents as a youth de- Arms; campaign. And in 2000, he was appointed to velopment specialist until his retirement in Thomas E. Mako, Office of the Chief Admin- the Federal Emergency Management Agency, 1992. Gabe served as an exceptional role istrative Officer; and later held numerous positions at the State model for these young men and women be- Craig D. Pence, Office of the Chief Adminis- Department. Kevin also served as Special As- cause he was an example of the American trative Officer; sistant to the Secretary of Labor, Honorable Dean Phan, Office of the Chief Administra- Dream. By working hard and showcasing de- Alexis Herman, and was appointed to the Of- termination in all of his endeavors, Gabe en- tive Officer; Paul Rossiter, Office of the Chief Adminis- fice of the President, Community Empower- countered great success in his life. ment Board. Throughout his lifetime, Kevin Gabe was preceded in death by his wife of trative Officer; Airlie Shoemaker, Office of the Chief Admin- served on a number of Presidential cam- 25 years, Elizabeth Huerta Terronez. He is paigns, worked closely with the DNC and survived by his children Stephanie, Dante, istrative Officer; David Sparling, Office of the Chief Adminis- served as the Executive Director of the Demo- Desiree, Damien, and Nicole; his grand- cratic National Committee Voting Rights Insti- children Nicholas and Mia Elizabeth; and his trative Officer; Matthew B. Smith, Office of the Clerk; tute. He is honored and respected by the siblings, Cecil, Lupe, and Janie. Democratic Party for his hard work and sup- Mr. Speaker, I ask my colleagues to join me Saundra E. Watkins, Office of the Chief Ad- port. in paying tribute to the life of Gabriel ‘‘Gabe’’ ministrative Officer. We also recognize and congratulate four I join Kevin’s family, church and all those Terronez, an honorable and respected man House employees for receiving the Employee who knew and loved Kevin in appreciation for whose talent and passion were not only exhib- Excellence Award. This is a merit-based his well-lived life and in fond reflection on his ited in the boxing ring, but also in his unwav- award, given to one employee from each memory. I was proud to count him as a friend, ering commitment to our community and his House Officer organization, and the Office of and he will be dearly missed. loving family. Inspector General. Selected employees exhib- f f ited outstanding overall job performance and HONORING SAN RAFAEL POLICE RECOGNITION OF EMPLOYEES OF displayed a willingness to go above and be- CHIEF MATTHEW ODETTO THE OFFICERS AND THE INSPEC- yond the call of duty throughout the last year. TOR GENERAL OF THE U.S. We honor the individuals named below for re- HOUSE OF REPRESENTATIVES ceiving this prestigious award. HON. LYNN C. WOOLSEY WITH 25 YEARS OF SERVICE TO Traci L. Brasher, Office of the Sergeant at OF CALIFORNIA THE HOUSE AND RECIPIENTS OF Arms; IN THE HOUSE OF REPRESENTATIVES THE HOUSE EMPLOYEE EXCEL- Faye Cobb, Office of the Chief Administra- Tuesday, September 20, 2011 LENCE AWARD tive Officer; Michele Herzfeld, Office of the Clerk; Ms. WOOLSEY. Mr. Speaker, I rise today to Gregory M. Roberts, Office of Inspector honor the legacy of a passionate and dedi- HON. DANIEL E. LUNGREN General. cated public servant. San Rafael Police Chief OF CALIFORNIA On behalf of the entire House community, I Matthew Odetto announced his retirement in IN THE HOUSE OF REPRESENTATIVES extend congratulations and once again recog- July 2011, the culmination of thirty years of Tuesday, September 20, 2011 nize and thank these employees for their pro- work serving the people and public safety of Mr. DANIEL E. LUNGREN of California. Mr. fessionalism and commitment to the U.S. Marin County. His leadership has touched the Speaker, I rise today to congratulate and rec- House of Representatives as a whole, and in lives of countless Mann residents, and his ex- ognize outstanding employees of the Officers particular to their respective House Officers ample has helped forge new bonds between (Clerk of the House, Sergeant at Arms, and and the Inspector General. Their long hours our law enforcement organizations and the Chief Administrative Officer) and the Inspector and hard work are invaluable, and their years communities they serve. General of the U.S. House of Representatives of unwavering service, dedication, and com- Odetto comes from a family with well-estab- who have reached the milestone of 25 years mitment to the House set an example for their lished roots in Marin County and in law en- of service to the U.S. House of Representa- colleagues and other employees who will fol- forcement. He started his career in 1981 as a tives, as well as the recipients of the House low in their footsteps. I celebrate our hon- deputy with the Marin County Sheriff’s Office, Employee Excellence Award. orees, and I am proud to stand before you based in Southern Marin, where he rose to the The House’s most important asset is its and the nation on their behalf to recognize the rank of Lieutenant. In that position, he served dedicated and exceptional employees, whose importance of their public service. as commander of the Sheriff’s SWAT team

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.001 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 20, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1661 and was lead instructor for the Emergency Ve- NATIONAL DAY FOR THE specifically examine the needs and impacts of hicle Operation Course. REPUBLIC OF CHINA ON TAIWAN its closures on low-income, elderly, and other In 2000, Odetto became the Tiburon Chief populations that have the least means to access alternatives because of limited transpor- of Police, a position he held for six years be- HON. LYNN A. WESTMORELAND tation options and internet access. fore his appointment as San Rafael Chief of OF GEORGIA IN THE HOUSE OF REPRESENTATIVES For these populations, their local offices pro- Police in December 2006. Chief Odetto, firmly vide a range of services that they simply may committed to maintaining services to San Tuesday, September 20, 2011 not have the resources or ability to access Rafael residents in spite of economic difficul- Mr. WESTMORELAND. Mr. Speaker, as the elsewhere. The need for this bill was only rein- ties, guided the Police Department as it con- Republic of China on Taiwan celebrates the forced yesterday with the release of a Census fronted newly limited resources. He built part- 100th anniversary of their founding, I rise to Bureau report which found that that the pov- nerships with community groups, solicited sup- celebrate their National Day and to commend erty rate increased in 2010. There were 46 port from the private sector, and made com- them for 100 years of progress. As a friend million people in poverty last year. If you don’t munity policing a priority. He secured new and ally of the United States, the Republic of have enough money to pay for food and keep funding sources to ensure that gaps in re- China on Taiwan is a model for nations the lights on, what are the chances you have sources were covered, eventually providing for around the world: a peaceful and prosperous the income to pay for broadband to access the return of the Citizen’s Academy program, democracy. postal services online? which introduces the public to the work of the I would like to take a moment and commend Further, this legislation would prevent any San Rafael Police Department and its law en- the 23 million citizens of Taiwan for their com- closures that would have a ‘‘disproportionate, forcement officers. mitment to peace. As a symbol of this commit- unreasonable, or undue burden on these pop- ment, the Republic of China on Taiwan re- ulations.’’ The impetus for this legislation was Mr. Speaker, I ask you to join me in thank- cently melted down artillery shells and used the proposal by the Postal Service to close 5 ing Chief Odetto for his contributions to Marin the metal to construct a ‘‘peace bell.’’ Given out of the 26 retail facilities in the Milwaukee County. He has set an admirable standard for the many struggles and hardships the people area. Every one of the facilities under review compassionate and responsive public service, of the Republic of China on Taiwan have are located in one portion of the city with high and we wish him the best in his retirement. faced—and the threats they continue to face— rates of poverty. If approved, these closures they deserve enormous credit for their sus- would effectively cut off postal services for f tained desire for peace. We celebrate these residents in these communities. efforts to maintain good relations with other Too often decisions like these are driven by HONORING JON D. SPALDING countries, and the United States is proud to only one consideration: cutting costs. This bill call the Republic of China on Taiwan a partner sends a message to the Postal Service that it in peace. must consider the challenges faced by these HON. MIKE ROGERS In closing, I hope my colleagues will join me populations when access to postal services is OF MICHIGAN in thanking President Ma, Vice President reduced. Siew, and the people of the Republic of China The Postal Service is a national service. It’s IN THE HOUSE OF REPRESENTATIVES on Taiwan for their continued commitment to trusted by the American public. It offers serv- Tuesday, September 20, 2011 peace on this anniversary of their National ices that are a vital lifeline for all Americans at Day. all income levels, ages, and stages in life. Mr. ROGERS of Michigan. Mr. Speaker, I f Congress mandated a nationwide postal serv- would like to take this time to commend Jon. ice—not a two-tier system where post offices D. Spalding, an outstanding citizen and busi- INTRODUCTION OF THE FAIR AND in high income areas are able to keep their EQUITABLE POSTAL SERVICE ACT ness leader from Perry, Michigan. I want to lights on while those in inner-city and rural recognize him today as he completes his serv- communities slowly fade away. I urge my col- ice as a national officer of the National Asso- HON. GWEN MOORE leagues to cosponsor this legislation. ciation of Professional Insurance Agents. Mr. OF WISCONSIN f IN THE HOUSE OF REPRESENTATIVES Spalding also served with distinction a term as HONORING BECHTEL BWXT IDAHO President of the association. Tuesday, September 20, 2011 LEGACY AT AMWTP Mr. Spalding has distinguished himself Ms. MOORE. Mr. Speaker, I am pleased to throughout his career as a professional insur- rise with my colleague from Ohio, MARCIA HON. MICHAEL K. SIMPSON ance agent and he has exhibited only the FUDGE, to introduce the ‘‘Fair and Equitable OF IDAHO highest standards of honesty, integrity and Postal Service Act.’’ IN THE HOUSE OF REPRESENTATIVES professionalism, serving as the President of We are all concerned about the fiscal crisis Tuesday, September 20, 2011 the Professional Insurance Agents of Michi- facing the United States Postal Service. This gan. summer, the Postal Service released a list of Mr. SIMPSON. Mr. Speaker, as a represent- some 3600 post offices, branches, and sta- ative of Idaho’s Second Congressional District Jon D. Spalding’s tenure as president of PIA tions that are under review for closure or con- and member of the House Energy and Water National marks the first time in the history of solidation. According to recent testimony by Development Subcommittee, it gives me great the National Association of Professional Insur- the Government Accountability Office, as pleasure to recognize Bechtel BWXT Idaho’s ance Agents that a father, and then his son, many as 12,000 Postal Service retail facilities exemplary eight year legacy at the Advanced has served as President of the organization. may be on the chopping block in the next few Mixed Waste Treatment Project, AMWTP. Jon D. Spalding was President of PIA National years. Under BBWI’s supervision, AMWTP is the in 2009–2010; his father, Robert M. Spalding, While Congress gave the Postal Service au- United States Department of Energy’s most Sr. served as President of PIA National in thority ‘‘to determine the need for post offices, advanced waste treatment facility, safely and 1995–96. postal and training facilities and equipment, compliantly sending more radioactive waste to With his years of hard work and dedication and to provide such offices, facilities . . . as the DOE Waste Isolation Pilot Plant for perma- Jon D. Spalding has earned the respect and it determines are needed,’’ that same charge nent disposal than any other site in the DOE admiration of his many colleagues throughout also requires that postal services be estab- Complex. the insurance industry. lished ‘‘of such character and in such loca- The excellence of BBWI and its employees tions, that postal patrons throughout the Na- shows through numerous awards ranging from He has embodied the motto of his insurance tion will . . . have ready access to essential the 2005 Department of Energy Electrical association, ‘‘Local Agents Serving Main postal service.’’ Safety Challenge to the multiple National Street America.’’ Therefore, I would like to The legislation we introduce today would Safety Awards received in 2010. Employees congratulate and commend Jon D. Spalding of give the Postal Service guidance as it works have worked more than 12.4 million hours and Perry, Michigan upon the successful comple- to balance those obligations in a way that en- 2,839 days without a lost-time injury and have tion of his service as a national officer and as sures that these closures don’t fall on the shipped more than 43,718 cubic meters of President of the National Association of Pro- backs of the most vulnerable. It would require transuranic, mixed low level, and low level fessional Insurance Agents. the Postal Service, as it considers closures, to waste.

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.004 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1662 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2011 BBWI is also an active and involved cor- OUR UNCONSCIONABLE NATIONAL teristics are what led to his selection as a can- porate partner to Idaho. Supporting its com- DEBT didate and his election to the office of Passaic munity through contributions such as civic, cul- County Sheriff in the November of 2010. tural arts, and educational organizations, HON. MIKE COFFMAN As Sheriff, Richard has been a loyal and en- BBWI helps strengthen the fabric of commu- OF COLORADO ergetic leader, and has displayed wisdom and nities and improve the quality of life for Ida- courage in situations requiring strong direction. IN THE HOUSE OF REPRESENTATIVES hoans. Sheriff Berdnik demonstrated his leadership Tuesday, September 20, 2011 I am proud to represent AMWTP, a leading during the floods of Hurricane Irene and Trop- corporation in Idaho and for other waste treat- Mr. COFFMAN of Colorado. Mr. Speaker, ical Storm Lee. He made Passaic County ment sites across the country. today our national debt is proud when he recently testified in front of the $14,729,488,947,751.89. House Committee on Homeland Security about the need for comprehensive legislation f On January 6, 2009, the start of the 111th Congress, the national debt was to combat the threat from weapons of mass HONORING MR. CLAUDE DOUTHIT $10,638,425,746,293.80. destruction (WMD). FOR HIS LIFETIME DEDICATION This means the national debt has increased More than just being a valued leader in the TO THE NORTH SHORE ROAD by $4,091,063,201,458.09 since then. This community and honorable public official, he is SETTLEMENT debt and its interest payments we are passing a beloved husband and father. Richard and to our children and all future Americans. his wife, Monica, have been married for over 25 years and have four children: sons, Ryan f HON. HEATH SHULER and Kevin and daughters, Ashley and Alyssa. TRIBUTE TO THE HONORABLE Ashley is also being honored by the same or- OF NORTH CAROLINA RICHARD BERDNIK ganization as their Miss Polonia 2011. The IN THE HOUSE OF REPRESENTATIVES Berdnik Family has consistently displayed HON. BILL PASCRELL, JR. some of the highest American ideals, among Tuesday, September 20, 2011 which are courage, determination, and integ- OF NEW JERSEY rity, and I trust he will continue that legacy. Mr. SHULER. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES Though the job of a United States Con- honor Mr. Claude Douthit for a life dedicated Tuesday, September 20, 2011 gressman involves much that is rewarding, to helping others in Western North Carolina. Mr. PASCRELL. Mr. Speaker, I would like to few experiences compare to meeting, working Mr. Claude Douthit, a native of Swain Coun- call your attention to the achievements of an with and having the honor of recognizing the ty in Western North Carolina, has dedicated outstanding individual, Sheriff Richard Berdnik, impressive accomplishments of individuals like hard work and countless hours into the North who will be recognized by the Central of Pol- Sheriff Richard Berdnik. Shore Settlement. When the federal govern- ish Organizations of Passaic, Clifton and Vi- Mr. Speaker, I ask that you join our col- ment purchased 44,000 acres of North Caro- cinity on Saturday, September 17, 2011. Sher- leagues, the Central of Polish Organizations, lina mountain land and built Fontana Dam on iff Berdnik has been selected as the Contin- the County of Passaic, the Berdnik family, the Little Tennessee River to generate hydro- gent’s 2011 Marshal and will lead them in the Richard’s colleagues and friends in celebrating electric power for the war effort, Mr. Douthit, a 74th Annual General Kazimierz Pulaski Memo- the great achievements of my friend, Sheriff Tennessee Valley Authority employee, initially rial Parade in New York City on Sunday, Octo- Richard Berdnik; recognized tonight for his favored the building of the road. ber 2, 2011. leadership, his loyal service to the public and The rising waters of Fontana Lake flooded It is only fitting that he be honored in this, his celebration of his heritage. several small communities, forcing more than the permanent record of the greatest democ- 200 families out of their homes expecting the racy ever known. Richard has been a true f public servant, one whose commitment to ex- government to follow through on its wartime PERSONAL EXPLANATION pledge to build a road they could use to reach cellence and integrity has helped to enhance abandoned home sites and family cemeteries. and protect countless lives. Instead, the government delayed, and thirty Richard is the son of Bernice and Bazil HON. JERROLD NADLER years later, only 6.2 miles of pavement and a Berdnik, Polish immigrants who endured the OF NEW YORK short tunnel had been built at the eastern tip hardship of Stalin’s gulags. He is a graduate IN THE HOUSE OF REPRESENTATIVES of both the New Jersey State Police Academy of Fontana Lake. Convinced that the road Tuesday, September 20, 2011 would never be finished, Mr. Douthit began and the prestigious National Academy of the working for an alternate solution, a cash set- FBI. Mr. NADLER. Mr. Speaker, I was unable to tlement for Swain County. In 2000 Mr. Douthit Sheriff Berdnik’s bravery and involvement in be in Washington, DC on September 12, 2011 and his wife Jean Douthit helped to organize the community make him an esteemed indi- and September 14–15, 2011. Had I been a group called Citizens for the Economic Fu- vidual among his colleagues as well as the present, I would have voted ‘‘aye’’ on rollcall ture of Swain County, gathering support from citizens he serves. He has been honored with vote No. 699, the Investigative Assistance for a broad coalition of conservationists, parks en- a number of awards; among them The Meri- Violent Crimes Act; ‘‘aye’’ on rollcall vote No. thusiasts, environmentalists, public officials, torious Service Medal he received for his 700, the Appeal Time Clarification Act of 2011; and private organizations. quick and efficient response in apprehending ‘‘aye’’ on rollcall vote No. 701, to protect the criminals. He is also a ‘‘Life Saving’’ Medal re- safety of judges by extending the authority of Mr. Douthit was determined to get a settle- cipient, having saved the lives of an elderly the Judicial Conference to redact sensitive in- ment for the county and through his hard work person and a child from a burning house. formation contained in their financial disclo- and that of the Citizens for the Economic Fu- Sheriff Berdnik is a member of several pro- sure reports; ‘‘no’’ on rollcall vote No. 706, re- ture of Swain County, an agreement was fi- fessional associations, including the FBI Na- lating to the disapproval of the President’s ex- nally reached in 2010, with the government tional Academy Associates, the New Jersey ercise of authority to increase the debt limit; agreeing to pay $52 million to the county. This Honor Legion of Decorated Officers, the Clif- ‘‘no’’ on rollcall vote No. 707, on ordering the settlement agreement will guarantee that ton PBA Local 36 and the Passaic County previous question on the rule for H.R. 2587; Swain County has the resources it needs to Chiefs of Police Association. ‘‘no’’ on rollcall vote No. 708, the rule pro- thrive and grow for decades to come. Sheriff Berdnik served as a Police Officer in viding for consideration of H.R. 2587; ‘‘aye’’ on It is an honor to represent selfless, hard- the City of Clifton for almost 30 years. The rollcall vote No. 709, the United States Com- working citizens like Mr. Claude Douthit. His knowledge and experience he has acquired mission on International Religious Freedom devotion to his community is a great source of has made him not only a great officer, but an Reform and Reauthorization Act of 2011; pride to me and to Western North Carolina. I outstanding role model to younger police offi- ‘‘aye’’ on rollcall vote No. 710, the motion to ask my colleagues to join me today in recog- cers. It is his commitment, dedication and am- recommit H.R. 2587; ‘‘no’’ on rollcall vote No. nizing Mr. Claude Douthit for his lasting impact bition that helped him rise through the ranks of 711, final passage of the Protecting Jobs from on Swain County. the Clifton Police Dept. These same charac- Government Interference Act.

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A20SE8.008 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 20, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1663 100TH ANNIVERSARY OF THE Church members from all over South Jersey the export of U.S. jobs to other countries just FOUNDING OF THE REPUBLIC OF gathered to worship. Over the years the to ensure corporate friends can squeeze every CHINA (TAIWAN) Church has grown to fifteen congregations in dollar of profit available out of their low-wage South Jersey, including two in Camden alone. workers. This legislation is truly a betrayal of HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Members have met in various buildings the American people, but it fits into the alarming trend advocated by Tea Party Republican OF GEORGIA throughout Camden and in neighboring towns. This building represents economic oppor- legislators at the State and Federal level to IN THE HOUSE OF REPRESENTATIVES tunity and investment in the City of Camden, eliminate worker rights and protections. If their Tuesday, September 20, 2011 as well as spiritual and personal growth for the goal is to return to the days of sweatshops Mr. JOHNSON of Georgia. Mr. Speaker, on community members. The chapel will be a and the abuse of workers they are certainly this 100th anniversary of the founding of the gathering place for prayer, study, and service. moving in that direction. Republic of China (Taiwan), I wish to extend I hope that this chapel will inspire further de- I truly hope that every Minnesotan who is a my best wishes to our Taiwanese friends. velopment in Camden and that its congregants member of a union, retired from a union, or Taiwan’s continued success and growth into will continue their good deeds in the region. has a loved-one in a union is paying attention one of the world’s most vibrant democracies Mr. Speaker, the Church of Jesus Christ of to what is happening in America. The cor- despite tremendous adversity is a testament to Latter-day Saints’ commitment to the better- porate elites and the legislators their secret money have paid to elect are destroying work- the skill of its leadership and the resolve of its ment of the City of Camden should not go un- ers rights. This U.S. House of Representa- people. Due credit must be given to President recognized. I commend them for their hard tives, once known as the People’s House, now Ma Ying-Jeou for his tenacity in advancing the work within the South Jersey community and appears to be owned by corporations. Our de- cause of peace in the Asia Pacific region. congratulate them on the occasion of the mocracy is at risk along with the rights of It is my greatest hope that Taiwan and its groundbreaking of their new chapel. workers and the wages of every middle class neighbors, in particular the People’s Republic f American. of China, will continue to deepen cultural and PROTECTING JOBS FROM This legislation is a harbinger of the battle economic ties to promote lasting peace in the GOVERNMENT INTERFERENCE ACT working people, regular Americans, face as region and in the world. corporations dictate to elected leaders. I op- f SPEECH OF pose H.R. 2587 and I oppose the union bust- TAIWAN’S 100TH ANNIVERSARY ing, anti-working American agenda it rep- HON. BETTY McCOLLUM resents. OF MINNESOTA f HON. LORETTA SANCHEZ IN THE HOUSE OF REPRESENTATIVES EXPRESSING RESPECT FOR THE OF CALIFORNIA Thursday, September 15, 2011 IN THE HOUSE OF REPRESENTATIVES DIGNITY OF ALL WORK AND ALL Ms. MCCOLLUM. Mr. Speaker, once again WORKERS Tuesday, September 20, 2011 this Tea Party Republican majority is deter- Ms. LORETTA SANCHEZ of California. Mr. mined to ignore the jobs crisis in this country HON. JAY INSLEE Speaker, 100 years ago on October 10, Sun and instead focus the energy and efforts of OF WASHINGTON Yat-sen, a Chinese doctor, led his people to Congress on busting unions and attacking the IN THE HOUSE OF REPRESENTATIVES federally protected rights of workers to orga- overthrow the dynastic rule that governed his Tuesday, September 20, 2011 people for many centuries. nize. This legislation is a direct assault on We have celebrated his achievements and workers’ rights in order to protect the profits of Mr. INSLEE. Mr. Speaker, in the 1930s, as his advocacy of his three principles of the peo- one corporation—Boeing. This legislation es- Americans slowly walked the road to recovery ple: Nationalism, Democracy, and the People’s sentially tells 14 million unemployed Ameri- and rebuilt a country ravaged by the Great Livelihood. cans that their needs are irrelevant as long as Depression, workers sought security and sta- Today, these three principles have been the there is a CEO in America who wants to crush bility and unified representation. The National legacy of Taiwan’s President, Ma Ying-jeou, a union. Labor Relations Act outlined the rights of both playing an integral role in making the Republic The National Labor Relations Act, a Federal workers and employers and put forward rules to bring fairness to the union election process. of China (Taiwan) a vibrant democracy and a law, prohibits a company from taking actions, Project labor agreements were established, leading force in today’s international commu- such as firing an employee or relocating a fac- and the Davis-Bacon Act created prevailing nity. tory, against workers for exercising federally wage requirements. All this in a country still We congratulate Taiwan on the historic protected rights that include forming a union or striking. The National Labor Relations Board living in the shadow of the largest economic celebration of their 100th anniversary. collapse the world had ever known. Our econ- f (NLRB) filed a complaint against Boeing in April 2011, accusing the airline manufacturer omy rebounded, and the middle class flour- HONORING THE GROUNDBREAKING of building a plant in South Carolina as retalia- ished. American manufacturing set the global standard, and much of the work was done by OF THE CHURCH OF JESUS tion against union employees in Washington workers who enjoyed the right to collectively CHRIST OF LATTER-DAY SAINTS’ State who have engaged in strikes. The Se- bargain with their employer. Our country re- CHAPEL IN CAMDEN, NJ attle Times quoted one Boeing executive as spected the dignity of all work, and all work- saying that the main factor for putting the new ers. HON. ROBERT E. ANDREWS plant in Charleston, SC was ‘‘. . . that we Now, in the wake of the worst recession of OF NEW JERSEY cannot afford to have a work stoppage, you our lifetime, some leaders appear to be trying IN THE HOUSE OF REPRESENTATIVES know, every three years.’’ to pull the rug from underneath working fami- The legislation on the floor of the U.S. Tuesday, September 20, 2011 lies who are already on the floor. We have wit- House today, H.R. 2587, is the Tea Party Re- nessed attacks on collective bargaining rights Mr. ANDREWS. Mr. Speaker, I rise today to publican attempt to reward a corporation that in the state legislatures of Wisconsin and honor the Church of Jesus Christ of Latter-day breaks the law in order to bust union workers. Ohio, and the repeated attempts of Congress Saints in New Jersey on the occasion of the Rather than negotiate with union workers to to erode workers’ rights. From repealing groundbreaking ceremony for their house of reach contract agreements, Boeing built a new Davis-Bacon wage requirements to ending the worship. This new building, located in the $750 million facility in South Carolina. This power of regulators to enforce existing labor heart of Camden, will be a welcoming sanc- legislation in essence sanctions any company law, the same workers who made this the tuary, serving the needs of the people of in America to move their operations to any wealthiest country on the planet are now at Pennsauken and the City of Camden. Serv- low-wage location where workers’ rights are times disparaged and denigrated by some ices will be open to the community and bilin- ignored, whether inside or outside the U.S. rather than being protected and praised. gual. Tea Party Republicans have titled this bill Workers exercising their right to bargain col- The history of the Church of Jesus Christ of the Protecting Jobs from Government Inter- lectively did not bring us to the brink of an- Latter-day Saints in New Jersey dates back to ference Act, but it really should be called the other Great Depression. Project labor agree- the Church’s founder, Joseph Smith Jr., who Busting Unions and Outsourcing Jobs to Pro- ments didn’t cause our housing market to col- preached here. In 1944, the Church first es- tect Corporate Profits Act. It is remarkable that lapse. Prevailing wage requirements aren’t tablished a congregation in Camden, where Members of Congress can vote to sanction causing our community banks to fail.

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.013 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1664 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2011 Rather, the protection of workers’ rights, The paramedics continued to use Igor’s belt erally—saved the world. They personify the such as collective bargaining, has helped to until they were able to airlift the child to a local very best America has to offer, and I urge my create a strong American middle class, which hospital. If it were not for the quick thinking colleagues to take a moment to pay tribute to has in turn spurred the growth of the U.S. and heroic act of Igor Tobas, Caleb Roedel their selfless devotion to our country and the economy. Collective bargaining is just that, would possibly not be alive today. freedoms we enjoy. bargaining. Protecting the rights of employees What makes this event so remarkable is not I salute each of the veterans who made the does not mean handicapping employers, it only the quick thinking of Igor but the fact that trip to Washington. May we never forget their means respecting the dignity of all work, and he does not consider himself to be a hero. valiant deeds and tremendous sacrifices: Clin- all workers. As our country continues to walk When asked about the event, Igor responded ton Ames, Jr., Curtis Avinger, Robert Bagwell, the road to recovery, we should be mindful of by saying that he only did what he could since Elwood Barden, Jack Bayuk, Sidney Biehl, this example, and we should respect the dig- no one on the scene knew what to do. Even Clarence Blocker, Byron Bower, James nity of the workers who will take us there. more remarkable, Tobas returned to work after Boykin, Donald Brassfield, Robert Brown, f the event even though his arms were still cov- James Butcher, John Butt, Leon Cain, Sr., Leo ered in blood after saving a child’s life. His Cain, Sr., Arlee Carmichael, Alfred Chance, CONGRATULATING CHICAGO IRON boss, Mr. Grisanti, said of Tobas, ‘‘the world John Courtney, Jr., James Crocker, Joseph & SUPPLIES, INC., AS THE ASH- needs more people like him.’’ Croom, John Cunningham, Dr. George LAND AREA DEVELOPMENT COR- Mr. Speaker, I ask all of my colleagues to Dacovich, Sr., Robert Denniston, Glenn PORATION’S 2011 BUSINESS OF join me in honoring the brave actions of Igor DePorter, Murray Driskell, James Dyess, Sr., THE YEAR Tobas. His actions clearly show that anyone James Edwards, Roy Eveland, Wilbur Fer- can perform acts of heroism if they simply guson, Vaughn Frederick, Dorothy Frost, Ed- HON. SEAN P. DUFFY choose to engage in service to their fellow citi- ward Gilbert, Jr., Sidney Gillikin, Bobby Gra- OF WISCONSIN zens, regardless of the situation. While Mr. ham, William Grimes, Joseph Hanson, George IN THE HOUSE OF REPRESENTATIVES Tobas does not consider himself to be a hero, Harrison, Richard Howser, Gary Hunter, Mor- Tuesday, September 20, 2011 I think that the family of Caleb Roedel and citi- ris Jackson, William Jenkins, Joseph Kress, zens of Memphis surely do. Thank you, Igor Phillip Laden, Peter Leonardis, Roger Lewis, Mr. DUFFY. Mr. Speaker, I rise today to Harlan Mahan, Annie Mathews, Joseph congratulate Chicago Iron & Supplies, Inc., Tobas, for your courage and commitment to protecting the life of a fellow citizen. It is my Maury, James McArthur, Hezzie McCaughn, from my hometown of Ashland, Wisconsin, for Joseph McCorquodale, Lee McCurley, Grover being named the 2011 Business of the Year sincere hope that we can all find it in our hearts to follow your example in the future. Mcllwain, Alney McLean, Alfred Meadows, Jr., by the Ashland Area Development Corpora- Mary Moebius, George Moody, Leon Mote, f tion. Warren Nelson, Lionel Noonan, Charles From what began as a small five-person fur, SOUTH ALABAMA HONOR FLIGHT Odom, William Olsen, Sr., Robert Ownby, animal and metals business in the late 19th SIX ARRIVES IN WASHINGTON, DC Hurshel Paul, Walter Pawlak, Hilton Peyregne, Century, Chicago Iron & Supplies has trans- Frank Phillips, Jim Rainer, Jefferson Ratcliffe, formed into the successful metal company it is HON. JO BONNER Sr., Willard Ready, J.C. Reed, William Ross, today. The Orensten family purchased Chi- Wayne Roth, James Santa Cruz, Raymond OF ALABAMA cago Iron in 1957, and their hard work and en- Scott, James Smith, Jerry Stastka, John Tay- IN THE HOUSE OF REPRESENTATIVES trepreneurial spirit is a living example of the lor, Thomas Turk, Florian Turla, Clyde Ussery, American Dream. Tuesday, September 20, 2011 Alfred Webb, George Weldon, James Wicks, Small businesses, like Chicago Iron, are the Mr. BONNER. Mr. Speaker, it is with great Leroy Williams, James Wright, and Harvey drivers of our economy and their success is pride that I recognize Honor Flight South Ala- Younce. fuel to the economic engine of local commu- bama and the World War II veterans this very f nities. For over 50 years, Chicago Iron has special organization is bringing on its sixth RECOGNIZING MOVEMENT IS LIFE been an exemplary small business whose suc- flight to Washington, DC on September 21, cess extends throughout Ashland, creating 2011. jobs and work for other local businesses. Founded by the South Alabama Veterans HON. CHAKA FATTAH Over the last half century, the Orensten OF PENNSYLVANIA Council, Honor Flight South Alabama is an or- family has not only invested in their business, IN THE HOUSE OF REPRESENTATIVES ganization whose mission is to fly heroes from but they have also invested greatly in the southwest Alabama to see their national me- Tuesday, September 20, 2011 community of Ashland. It is my hope that the morial. Orensten family and Chicago Iron & Supplies Mr. FATTAH. Mr. Speaker, I rise today to Over six decades have passed since the recognize the 2011 National Caucus on Arthri- find continued success for many years to end of World War II and, regrettably, it took tis and Musculoskeletal Health Disparities and come. nearly this long to complete work on the me- Movement is Life. This body may not know f morial that honors the spirit and sacrifice of that arthritis is the number one cause of dis- HONORING THE BRAVERY AND the 16 million who served in the U.S. armed ability in the United States, according to the HEROIC DEEDS OF IGOR TOBAS forces and the more than 400,000 who died. Centers for Disease Control and Prevention Sadly, many veterans did not live long enough (CDC), affecting 46 million Americans, and HON. STEVE COHEN to hear their country say ‘‘thank you,’’ yet for costs the U.S economy $128 billion annually OF TENNESSEE those veterans still living, Honor Flight pro- in medical costs and lost wages. The burden IN THE HOUSE OF REPRESENTATIVES vides for many their first—and perhaps only— of arthritis falls more acutely on some mem- opportunity to see the National World War II bers of our population, and African Americans Tuesday, September 20, 2011 Memorial, which honors their service and sac- and Latinos, and women of all backgrounds, Mr. COHEN. Mr. Speaker, I rise today to rifice. face more severe osteoarthritis and disability, honor the heroic deeds of a young man from This Honor Flight begins at dawn when the yet receive less than optimal access to diag- Memphis, Tennessee whose quick thinking veterans will gather at historic Fort Whiting in nostic, medical, and surgical intervention than and courage helped save the life of a child Mobile and travel to Mobile Regional Airport to do other groups. caught in an unfortunate accident. Igor Tobas, board a chartered flight to Washington. During Additionally, there is a lack of awareness 21, was working as a valet at Elfo Grisanti’s their time in their nation’s capital, the veterans about the connection between musculoskeletal restaurant on September 10th when he was will visit the World War II Memorial, Arlington health disparities, increasing physical inactivity alarmed by the sounds of a child screaming in National Cemetery, and other memorials. levels, and disparities in chronic diseases agony. Igor quickly rushed to the scene to find The veterans will return to Mobile Regional such as diabetes, obesity, and heart disease that Caleb Roedel, 15, had sustained a sev- Airport that evening, where some 1,000 peo- among women, African-Americans and ered leg from the knee down after his leg be- ple are expected to greet them. Latinos. The Movement is Life Work Group came trapped underneath a slow moving train. Mr. Speaker, the September 21, 2011, jour- Caucus has been established, and the second Tobas, without delay, tied his belt around ney of heroes from South Alabama is an ap- annual meeting is currently underway in Caleb’s leg to prevent him from losing blood propriate time for us to pause and thank Washington, D.C., to develop action plans and he continued to apply pressure to the them—and all of the soldiers who fought in aimed at reducing musculoskeletal health dis- wound until paramedics arrived on the scene. World War II—for they collectively—and lit- parities. By promoting early intervention, the

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K20SE8.014 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 20, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1665 Caucus seeks to slow musculoskeletal dis- Movement, and the Vietnam War protests, as ber of clean air and hybrid buses. He re-es- ease progression, reduce disability, and en- a student and tennis athlete. He took part in tablished and nurtured the East Harlem Asth- courage physical activity and daily movement civil disobedience at the University of Cali- ma Working Group and at the urging of Sen- in order to improve the health of those cur- fornia, Berkely Campus in Oakland and was ator Hillary Clinton in 2003, the group held rently disadvantaged as well as the overall arrested. He later became a leader in the Gay New York City’s First Annual Asthma March. health of the nation. Rights Movement and was one of the leg- Phil’s annual asthma symposiums were effec- I was introduced to the Movement is Life ini- endary participants of the Stonewall Riots, tive and known throughout the city. tiative by its co-chair Dr. Ibrahim; a Core In- which were a series of spontaneous, violent Phil will be greatly remembered for his work vestigator with the VA Center for Health Equity demonstrations against a police raid that took to improve, create and refurbish open space Research and Promotion, Chief of Medicine at place in the early morning hours of June 28, and directed most of his capital dollar allot- the Philadelphia Medical Center, and Pro- 1969, at the Stonewall Inn, in the Greenwich ments to the restoration and creation of parks fessor and Vice Chair of Medicine at the Uni- Village neighborhood of New York City. and playgrounds throughout the Eight Council versity of Pennsylvania Perelman School of As a local community activist, Phil worked District and beyond, including Hudson River Medicine. His work on understanding and in- with Central Park West North Block Associa- Park, Riverside Park Ball Fields and the Fred- tervening on racial disparity in access and uti- tion, Community Board 7 and the NYPD to rid erick Douglass Memorial Circle. Phil funded a lization of joint replacement in the manage- Central Park North and the surrounding Man- nature pathway boardwalk and bridge on Ran- ment of knee/hip osteoarthritis provides a na- hattan Valley neighborhood of drugs, crack co- dall’s Island, and today thousands and thou- tional model for advancing health disparities caine, trafficking and prostitution. He chal- sands of public school children from East Har- research from first-generation studies that de- lenged the Community Board and Borough lem and beyond are learning hands-on about tected disparities in care, to second-generation Presidents to bring issues that are more di- nature and their environment through pro- studies exploring the reasons for these dis- verse to the board, and increase the number gramming through the Randall’s Island Sports parities, to the first-ever third-generation inter- of minority appointments to the Community Foundation. vention trial to reduce well-documented dis- Board. As a Democratic District Leader, Phil Parks funded by Philip Reed: Peoples Park and Playground (Mon Haven), Brook Park parity. helped to make Three Parks Independent (Mott Haven), Millbrook Playground (Mott I commend Dr. Ibrahim and Movement is Democratic Club one of the largest and most Haven), Happy Warrior Park and Playground Life on their second annual meeting, and for diverse productive Independent Democratic (Manhattan Valley), Frederick Douglass Ball their efforts in creating a dialogue which draws clubs on the upper West Side Manhattan Val- attention to these health disparities that con- Field, Playground and Pool (Manhattan Val- ley and city of New York. ley), Riverside Ball Fields (Manhattan Valley/ tinue to impact our national economy and As a New York City Councilman, Phil Reed Upper West Side), Broadway Malls & Water many lives around the country. I strongly en- is responsible for authoring and passing his- Truck (Manhattan Valley/Upper West Side), courage all to discuss musculoskeletal issues toric legislation to ban racial and religious with their doctors and to participate in physical Booker T. Washington Playground (Manhattan profiling in New York City, the use of cell Valley), Thomas Jefferson Ball Fields and activity and daily movement in order to limit phones in places of public performances, and the exasperation of related chronic diseases Recreation Center (East Harlem), Robert predatory lending. As Chair of Consumer Af- McNair Park and Playground (East Harlem), and lead an independent, productive, and fairs, he created identity theft legislation to healthy lifestyle. Central Park Zoo & Tiger Bathrooms (Central protect all New Yorkers and sought to reform Park), Wagner Houses Playground (East Har- f and increase vendor licenses for all potential lem), East 103rd Street Community Garden IN HONOR OF THE NEW YORK CITY entrepreneurs living in the city. As a member (East Harlem), 97th Street Park Avenue Mall STREET RENAMING OF EAST of the Aging Committee, he directed funding to (East Harlem), Randall’s Island’s Nature 111TH STREET, BEWEEEN 1ST AV- purchase vans, upgrade kitchens and food Boardwalk and Pedestrian Bridge (Randall’s ENUE AND FRANKLIN D. ROO- pantries for senior centers and programs. He Island/Ward Island). SEVELT DRIVE AS PHILIP REED renovated libraries to include air conditioning Mr. Speaker, please join me, the city of New WAY and fought for and secured funding to pre- York and a very grateful Nation as we cele- serve and expand El Museo Del Barrio, the brate the legacy of a true American hero by HON. CHARLES B. RANGEL Metropolitan Museum of Art, and the Museum the street renaming of East 111th Street, be- of the City of New York, which Mayor Giuliani tween 1st Avenue and Franklin D. Roosevelt OF NEW YORK tried to relocate to the Tweed Building in lower East River Drive as ‘‘Philip Reed Way.’’ IN THE HOUSE OF REPRESENTATIVES Manhattan. f Tuesday, September 20, 2011 He created cultural pathways along the East Mr. RANGEL. Mr. Speaker, I rise today to 103rd Street Corridor, installed new historic IN RECOGNITION OF THE SERVICE celebrate the New York City street renaming street lamps and poles, planted trees and in- AND RETIREMENT OF ELIZA- of East 111th Street, between 1st Avenue and stalled tree guards along the East 116th BETH ‘‘LIZ’’ DECKER Franklin D. Roosevelt East River Drive after Street, West 106th Street, East 138th Street my beloved friend, political ally, and the late and East 106th Street corridors. He led, man- HON. MIKE ROGERS former New York City Council Member Philip aged and funded the Frederick Douglass Me- OF ALABAMA Reed. Elected in 1997, Phil represented East morial Circle and West 110th Street Gateway IN THE HOUSE OF REPRESENTATIVES Harlem and Manhattan Valley, and parts of Project and directed funding that increased the Tuesday, September 20, 2011 the Upper West Side and the South Bronx. He number of police emergency call boxes Mr. ROGERS of Alabama. Mr. Speaker, I left office in 2005, unable to seek re-election throughout the northern end of Central Park. would like to request the House’s attention to a third term because of term limits. He was He funded new technology for computers and today to recognize the service of a longtime a Democrat, and the first openly gay black science labs for public schools throughout the public servant, Mrs. Liz Decker, to Alabama’s member of the City Council. Phil passed away entire district. Third Congressional District. on November 6, 2008, two days after fulfilling As Member of the Health Committee he pro- Liz will retire on September 30, 2011. After his last wish to vote for and witness the elec- tected and preserved HIV/AIDS funding from working as a packer and fine threads spinner tion of Barack H. Obama as President of the cuts and made sure those funds were distrib- at the Blue Mountain Cotton Mill in Anniston, United States of America. uted to the areas and agencies in the field that Alabama, Liz became the church secretary at Born on Feb. 21, 1949, Philip Reed, a New did the work and outreach. He kept the Health Gladeview Baptist Church in 1973. In 1977, York native, was the son of a black father and Department from closing the 115th Street she worked as an assistant to the Calhoun a white mother. He and a twin sister, Elinor, Community Health Office and dental clinic in County Superintendent of Education and in were raised by their mother and stepfather, East Harlem. He organized one of the largest 1981 began her Federal service by working for both white, in an upper-middle-class Manhat- coalitions to fight against the redevelopment of former Third District Congressman Bill Nichols tan world of civil rights activism, prep schools, the 100th Street Bus Depot, and even though who served in Congress from 1967 until he and Martha’s Vineyard. Phil dropped out of the community lost that fight, he made the passed away in 1988. Since then, Liz has Ohio Wesleyan University and received con- MTA spend an additional 15 million dollars to continued working for the Third Congressional scientious objector status during the Vietnam add a roof and state of the art ventilation sys- District for three more Representatives, includ- War. tem to enclose and protect asthmatics from ing Congressman Glen Browder, Congress- Philip Reed began his activism, participating diesel fuel exposure. Because of that coali- man Bob Riley and now in my office. In addi- in the Civil Rights Movement, the Free Speech tion’s fight, the MTA purchased a record num- tion, Liz also was elected to the Board of the

VerDate Mar 15 2010 04:44 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K20SE8.018 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1666 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2011 Calhoun County Board of Education for two effort of WHCR and the amazing people who TRIBUTE TO THE DIXIE BOYS six-year terms. Liz is married to Ronald Deck- have contributed to its success all these years BASEBALL TEAM OF BRUNSWICK er. and have truly made it Harlem’s Voice. WHCR COUNTY, NORTH CAROLINA Liz has served countless East Alabamians will commemorate their twenty-five years of through the years, assisting them with any broadcasting on Friday, September 16, 2011 HON. MIKE McINTYRE number of concerns they may have had, from at the prestigious Aaron Davis Hall. OF NORTH CAROLINA the grants process to casework focusing on IN THE HOUSE OF REPRESENTATIVES immigration and Social Security. She is known In my community of Harlem, WHCR is well as a kind and genuine public servant, and a known for its service as a non-commercial Tuesday, September 20, 2011 joy to have in the Third District family. She will public radio station. Owned and operated by Mr. MCINTYRE. Mr. Speaker, it is my great be missed. Thank you, Liz, for your service to the City College of New York, WHCR gives pleasure to rise today to recognize the Dixie the people of the Third District. On behalf of both City College students and community Boys baseball team of Brunswick County, so many East Alabamians you have helped, members the skills to host and produce music North Carolina, for being named National we wish you well and congratulate you on and talk shows. The station seeks to empower Champions of the 2011 Dixie Boys World Se- your retirement. its listeners by providing informative, edu- ries. This year, the Brunswick County team won f cational and cultural programming that speaks every match against the other states without THE END OF DON’T ASK, DON’T to the diverse populations of Harlem, Upper losing a single game. The team went on to TELL Manhattan and some sections of the Bronx, win the 2011 Dixie Youth World Series held in Queens, and New Jersey. Beaufort, South Carolina, earning the title of HON. EARL BLUMENAUER People around the world can listen to and National Champions on August 3, 2011. This watch programming on WHCR online. WHCR is the fourth time that a North Carolina team OF OREGON has earned this title since 1956. offers a mixture of music and talk program- IN THE HOUSE OF REPRESENTATIVES In a true feat of excellence, the team from ming and has 20,000 terrestrial, Internet lis- Tuesday, September 20, 2011 Brunswick scored 80 runs during its seven teners weekly, and 8,000 Internet viewers. games, and failed to score in the double digits Mr. BLUMENAUER. Mr. Speaker, today, we The station has served for twenty-five years in only two of those seven games. As a team, move one step closer towards full equality by as the voice of a community that is greatly un- Brunswick County had a strong batting aver- ending the immoral and irresponsible practice derserved by the mainstream media. age of .450, with team member Kevon Perkins of discriminating against courageous Ameri- On-air personality Dee Ramey, the host and leading with an astounding .750 average. With cans who want to serve their country. I am an outstanding number of 80 runs, this team producer of the ‘‘I Love Jazz!’’ show on proud to have voted again and again for Don’t truly deserves acclaim for their remarkable ac- Ask Don’t Tell’s repeal because I know—and WHCR, is one of those amazing people who complishment in the Dixie Boys World Series. the military has told us—that ending this policy have contributed so much. Her show’s mission This was Brunswick County’s third consecu- will strengthen our armed forces. is to drive demand for jazz music, serve as a tive year as North Carolina’s representing A comprehensive report from the Defense cultural resource, and connect an increased team for the Dixie Boys World Series. The Department found that of the 400,000 service number of musicians, music presenters, and Brunswick County Team went undefeated for members and 150,000 military spouses, 70 listeners to community radio, by providing en- its seven games of play, and showcased an percent of military personnel thought the re- tertainment and information to the growing unwavering mental and physical tenacity peal would be positive, mixed, or no con- listenership of WHCR jazz shows. Her valiant throughout the Dixie Boys championship. This sequence. This is a remarkable finding, and efforts have created a new generation of jazz is especially true for their victory over the makes the policy seem all the more indefen- reigning champion of the Dixie Boys cham- and music connoisseurs in Harlem. sible for the more than 14,000 service mem- pionship, the same team which defeated North bers who have been discharged. Dee took the initiative to create the first an- Carolina in the past championship game of Brave Americans have served and sac- nual ‘‘I Love Jazz’’ Fan Award in an effort to two years ago. rificed in silence for years while the military further promote music and the arts throughout As founder of the Congressional Caucus on enforced a discriminatory and harmful policy. the greater community of Harlem. It is my Youth Sports, and also as both a long-time lit- Today this policy is officially a thing of the honor and privilege to present this year’s ‘‘I tle league coach and one who grew up playing baseball in, as well as a charter member of a past, a relic of a different time. Love Jazz’’ award on behalf of my colleagues youth baseball organization, I appreciate the The road to equality is long, winding, and in the United States Congress to Kevin Wal- will have many bumps along the way. Today, dedication, determination, and teamwork that ters, the owner of ‘‘Creole Supper Club,’’ lo- I have the 14,000 discharged service mem- earned these players the esteemed title of Na- bers in my thoughts as we celebrate the end cated in my District in East Harlem. Kevin is tional Champions. of an era of discrimination. Tomorrow, we will a New Yorker at heart with a strong passion Mr. Speaker, the members of the Brunswick get back to work, fighting for the Employment for fine music and art and truly deserving of County baseball team deserve acclaim for and Student Non Discrimination Acts, the Safe this recognition. their skill as well as for being outstanding am- bassadors of Southeastern North Carolina, Schools Improvement Act, and the Respect for Dee Ramey’s ‘‘I Love Jazz’’ radio show airs Marriage Act that will overturn DOMA. and the State of North Carolina. Their names biweekly on Wednesdays from 6 pm–8 pm are Gray Cheers, Dylan Howard, Shakeem f and offers an eclectic mix of musical styles. Graham, Chris Graham, Hunter Price, Justin CELEBRATING THE 25TH ANNIVER- The show unleashes the passion of the jazz Wittkofsky, Kevon Perkins, Blain Hollis, Randy SARY OF WHCR 90.3 FM PUBLIC fan by inviting individuals to spread their love Mac Clark, Jerry Martin, Shelton Perkins, Gar- ACCESS RADIO, ‘‘THE VOICE OF for jazz through sharing their personal experi- rett Scoggins and Dylan Darguzas. Coaches HARLEM’’ ences, favorite music, and unique insight into were Bobby Scoggins, Randy Fennell and Jef- the world of jazz. Interviews with prominent frey Hollis. HON. CHARLES B. RANGEL artists and jazz luminaries are a feature on the Mr. Speaker, I wish to honor and acknowl- show, and to name just a few, have included edge accomplishments of not only the Bruns- OF NEW YORK wick County team, but also the parents, rel- Gradie Tate, Jimmy Heath, Jimmy Scott, Glo- IN THE HOUSE OF REPRESENTATIVES atives and citizens who were so supportive of ria Lynne, Nat Hentoff, Melba Moore, their children’s efforts throughout this cham- Tuesday, September 20, 2011 Thelonious Monk, Jr., Wycliffe Gordon, pionship season. Of equal mention are the Mr. RANGEL. Mr. Speaker, I rise with great George Gee, Bobby Sanabria, Loren coaches and assistant coaches who were in- jubilation to recognize the WHCR 90.3 FM Schoenberg, Billy Mitchell (Mr. Apollo), and strumental in guiding the team to becoming Public Radio Station, also known as The Camille Yarbrough. champions of the Dixie Boys World Series; Voice of Harlem, to recognize the station’s without these coaches, victory would not have Mr. Speaker, I urge my colleagues to join twenty-five years of broadcasting in New York been possible. me in saluting WHCR 90.3 FM Public Access City. As I speak with profound elation, I as- Mr. Speaker, I urge my colleagues to join cend to celebrate the hard work and devout Radio, on their 25th anniversary. me in congratulating the Brunswick County

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.018 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 20, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1667 Dixie Boys World Series Championship team the U.S. Secret Service, FBI, DEA, ATF, U.S. render was not an option. Retreat was never and wishing them the very best in all of their Marshall Service, NYPD, featuring the role of on the table. Victory or death. future endeavors. women in law enforcement at Wadleigh On February 23, 1836, Santa Ana’s army of f School for the Performing Arts. They are em- 1,500 well armed troops unleashed on the de- powering more parents on issues of education fenders of the Alamo. During the siege, Travis IN RECOGNITION OF THE NAACP and focusing more time on HIV/AIDS Aware- sent out his famous call for reinforcements. MID-MANHATTAN BRANCH 45TH ness, Obesity and other health concerns. At Juan Seguı´n was the last messenger to leave, ANNIVERSARY OF ITS FOUNDING the 102nd National Convention in Los Ange- riding though enemy lines carrying the final CHARTER AND IN CELEBRATION les, Mid-Manhattan took 2nd Place in the message from the beleaguered mission. Un- OF THEIR 10TH ANNUAL FREE- Thalheimer Award competition. fortunately, the call for help was not answered DOM FUND ROY WILKINS AWARD Mr. Speaker, I ask all of my colleagues to in time. On March 6, 1836, Travis and 187 LUNCHEON join me in saluting all the officers, executive volunteers sacrificed their lives on the altar of committee and members of the NAACP Mid- freedom after thirteen glorious days at the HON. CHARLES B. RANGEL Manhattan Branch as they celebrate their 45th Alamo. OF NEW YORK Anniversary of their founding Charter and 10th It was at his final battle that my favorite IN THE HOUSE OF REPRESENTATIVES Annual Freedom Fund Roy Wilkins Award Texas war hero, William Barrett Travis, Luncheon. penned the most famous letter in Texas his- Tuesday, September 20, 2011 tory. From behind the walls of a besieged run- f Mr. RANGEL. Mr. Speaker, I rise today in down mission in San Antonio, Travis wrote: recognition of the National Association for the COMMEMORATION OF TAIWAN’S To the people of Texas and all Americans Advancement of Colored People (NAACP) 100TH ANNIVERSARY in the world, fellow citizens and compatriots, Mid-Manhattan Branch’s 45th Anniversary as I am besieged by a thousand or more of the they celebrate their 10th Annual Freedom enemy under Santa Anna. I have sustained a HON. VIRGINIA FOXX continual bombardment and cannon fire for Fund Roy Wilkins Award Luncheon on Satur- OF NORTH CAROLINA over 24 hours, but I have not lost a man. day, September 17 at the elegant Marina del IN THE HOUSE OF REPRESENTATIVES The enemy has demanded surrender at its Rey in the Bronx, New York. discretion. Otherwise, the fort will be put to In the mid 1960’s a group of citizens, con- Tuesday, September 20, 2011 the sword. I have answered that demand with cerned that there was no NAACP Branch in Ms. FOXX. Mr. Speaker, one hundred years a cannon shot. And the flag still waves the Mid-Manhattan area, met for several proudly over the north wall. is a long time. Much has happened in these I shall never surrender or retreat. I call months to plan a branch. Over 500 letters co- last 100 years since a group of Chinese peo- upon you, in the name of liberty and patriot- signed by Roy Wilkins and Ralph Bunche, in- ple, led by Sun Yat-sen, threw off the yoke of ism and everything dear to the American vited hopefully interested residents to a meet- warlords and emperors to become the Repub- character, to come to my aid with all dis- ing at Freedom House (120 Wall Street, New lic of China (Taiwan). patch. York, NY). The meeting began the enrollment China has a long history as one of the ear- If this call is neglected, I am determined to of members that continued until the 50-mem- liest centers of human civilization. It brought sustain myself for as long as possible, die bership requirement for the Charter was ob- like a soldier who never forgets what is due us the invention of paper, the written word and his honor and that of his country. Victory or tained. On June 8, 1966, The Mid-Manhattan so many scientific developments, but it is dur- death. Branch received its Charter from the National ing these last 100 years that we have seen I could read this over and over. As a child, Office of the NAACP. the great progress of Taiwan developing into I was so intrigued by this letter. I would always Among those playing a key role in securing one of the strongest democracies in the world. be the first in my class to volunteer to play the Charter were Tom Allen, Harold Bailer, We congratulate Taiwan on its 100th anni- Travis at any given opportunity, if only just to Gloster Current, Max Delson, Shirley Stewart versary and for its role in shaping the destiny read his words aloud. To me, he was the ulti- Farmer, Bernard Leannan, Stanley Lowell, of its people. We look forward to continuing mate hero. Morris Milgram, Bill Morrison, Frederick Taiwan’s partnership with the United States History teaches us everything we need to O’Neal, Betty Stebman and Roy Wilkins. In through the Taiwan Relations Act in promoting know, if we just look. This letter was written 1973, branch members agreed that a building peace and progress for humanity. nearly two centuries ago and its message still was needed to maximize the services to the f rings true today. It’s a story of ‘‘liberty and pa- community. On May 25, 1978, Roy Wilkins triotism and everything dear to the American THE ALAMO: THE THERMOPYLAE and Benjamin Hooks dedicated the Roy Wil- character.’’ Freedom is still worth dying for. OF TEXAS kins Center Building in a special ceremony. And to do so as a soldier, ‘‘is what is due his For forty-five years, the Mid-Manhattan honor and that of his country.’’ Branch has been an advocate for all its citi- HON. TED POE Travis believed these words whole- zens in the struggle for civil rights and equality OF TEXAS heartedly. He believed that the cause for inde- in playing an active role in confronting the IN THE HOUSE OF REPRESENTATIVES pendence was worth his life. Our freedom gaps and disparities in healthcare, economics Tuesday, September 20, 2011 fighters today understand these words as well, and education funding. they know that America is worth fighting for Today, under the leadership of Branch Mr. POE of Texas. Mr. Speaker, a plaque and that defeat is not an option. President Geoffrey E. Eaton, the Mid-Manhat- on the Alamo wall states: ‘‘The Alamo: The When I visit our troops over in Iraq and Af- tan Branch has over 760 members, with ten Thermopylae of Texas.’’ The Alamo is a trib- ghanistan, the Texas boys, and gals, are easy working Committees—Act-So, Criminal Jus- ute to all those that are defiant against any to spot. They usually have a Texas flag flying tice, Civic Engagement, Education, Fund- form of tyranny. It is important for us to recog- on their humvee. (I have even seen one on a raising, Health, Housing, Membership, Veteran nize all those that sacrificed for freedom, yes- tank.) My personal favorite is the ‘‘Don’t Mess Affairs and Youth Council. The NAACP, under terday, today, and tomorrow. Remember who with Texas’’ bumper sticker. And when you the leadership of our Chairman Roslyn M. we are and what we stand for. This week, we meet these modern-day freegom fighters, you Brock, and President Benjamin Todd Jealous ‘‘Remember the Alamo.’’ know that no truer words have ever been spo- is more diverse and more active than before One hundred seventy-five years ago, 187 ken. There’s just something about a Texas and the Mid-Manhattan Branch continues to freedom fighters started assembling in an old warrior. be actively and directly involved with voter beat-up mission in San Antonio. Juan Seguı´n As we continue to celebrate the 175th anni- education, registration and mobilization, as and his company of Tejanos, rode into the versary of Texas Independence this year, I will well as youth development and enrichment Alamo and readied for battle alongside William take a look back at those that put it all on the programs like mentoring and mentorship. Barrett Travis, Jim Bowie, and Davy Crockett. line for freedom. As much as some things The Mid-Manhattan Branch has brought This rag-tag group of relentless patriots, made change, the most important, thankfully stays their informative General Membership meet- up of men from nearly every State in the the same. A century and half later, that same ings closer to the community and to the public Union and 13 foreign countries, including Mex- dogged determination that filled that little at large and are broadcast monthly on Man- ico, readied for one of the most storied battles Spanish Mission is what continues to set us hattan Neighborhood Network Cable Tele- in our history. apart from all the rest. ‘‘God and Texas.’’— vision (MNN). This year, they held their sec- Outnumbered by an overwhelming Mexican William Barrett Travis. ond annual Criminal Justice forum featuring army, these Texas warriors knew that sur- And that’s just the way it is.

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A20SE8.021 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1668 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2011 HONORING DIONNE WARWICK ON of China on Taiwan as their day of National HONORING GOLD STAR MOTHER HER 50TH ANNIVERSARY IN THE Celebration, October 10, 2011, approaches. OF CAPTAIN KIMBERLY HAMPTON RECORDING INDUSTRY This special day recognizes the founding of the country and this year the anniversary is HON. CHARLES B. RANGEL especially powerful as October 10, 2011 HON. JOE WILSON OF NEW YORK marks the end of a ‘‘Spectacular Century’’ and OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES the beginning of another great century for the IN THE HOUSE OF REPRESENTATIVES Tuesday, September 20, 2011 Republic of China. I would like to highlight the economic suc- Tuesday, September 20, 2011 Mr. RANGEL. Mr. Speaker, today I rise in recognition of my good friend and outstanding cess of the Republic of China on Taiwan over Mr. WILSON of South Carolina. Mr. Speak- recording artist Dionne Warwick as she proud- the last century, a success which has rightly er, I submit the following remarks from Mrs. ly celebrates her 50th year in the recording in- been called a miracle. Beginning with very lit- Ann Hampton, who recently traveled to the dustry. tle economic activity just a few decades ago, Kurdish Region of Iraq. She is the proud Gold M. Dionne Warwick has, over an illustrious the Republic of China on Taiwan now has a Star Mother of Captain Kimberly Hampton, four-decade career, established herself as an dynamic economy which is the envy of the who was killed in action on January 2, 2004, international musical legend. Her reputation as world. Moreover, Taiwan has been a fair trad- in Fallujah, Iraq. a hit maker has been firmly etched into public ing partner; while total trade with the United States reached an all-time high in 2010, al- ‘‘My recent trip to the Kurdistan Region of consciousness, thanks to nearly 60 charted Iraq was everything I hoped it would be, and hits since ‘‘Don’t Make Me Over’’ began its most half of this trade total, $251 billion, was more! Traveling with another gold star mom climb up the charts in December 1962. As a due to the Republic of China importing goods and dad, a medically retired soldier, and the performer, she has charmed and entertained from the United States. In fact, U.S. exports to founder of the Friends of Kurdistan Founda- audiences on every continent, amassing a the Republic of China have grown even during tion, the visit was filled with welcome worldwide audience. Dionne received her first the Great Recession, creating jobs all across events. We met several Kurdistan Regional Grammy Award in 1968, and in doing so be- America. Our relationship is a model for fair Government officials, who all willingly gave came the first African-American solo female trade between countries benefiting both sides, us their undivided attention and treated us artist of her generation to win the prestigious a model we should highlight here today. graciously. We were told over and over that their nation is our nation, their homes, our award for Best Contemporary Female Vocal I urge my colleagues to join me in congratu- homes, and that we share the bonds of Performance. lating the people of the Republic of China on friendship forever. Their deep appreciation In recent years, Dionne’s pioneering efforts Taiwan on their economic success and thank- to the United States for liberating them have focused on leading the music industry in ing them for their continued efforts to work from Saddam’s tyrant regime knows no end. the fight against AIDS. Her Grammy-winning, with the United States to foster economic They said thanks. chart topping, single ‘‘That’s What Friends Are growth in our country. When the day of Na- ‘‘We visited hospitals, clinics, and villages For,’’ lead the way by raising, literally, millions tional Celebration arrives, the people of both in Kurdistan where progress is being made of dollars for AIDS research. Throughout the the United States and the Republic of China just as there are still hurdles ahead. We visited homes and were welcomed with open world, Dionne has devoted countless hours to on Taiwan have much to celebrate. a wide range of humanitarian causes, serving arms. We visited the home of a widow who as the U.S. Ambassador for Health throughout lost 20 family members in one of the regime’s f the Eighties. In 2002, she was named a global chemical attacks. She fed us cantaloupe, Ambassador for the United Nations’ Food and bread and water, almost all she had. We vis- 224TH ANNIVERSARY OF THE SIGN- ited a camp and were fed peaches and water, Agriculture Organization. Dionne has spear- ING OF THE UNITED STATES almost all they had. headed the long overdue development and CONSTITUTION ‘‘One very important thing Kurds and production of a history book that will detail Af- other Iraqis do have now is hope; hope for rican and African-American history for use in peace, security and maybe one day, pros- schools, libraries, and bookstores throughout HON. JEFF DENHAM perity. There was significant construction the world. She continues her work as a so- OF CALIFORNIA across Iraqi Kurdistan, which is a good sign cially conscious and concerned global citizen. that people have risen and taken charge of Mr. Speaker, I ask that you and my fellow IN THE HOUSE OF REPRESENTATIVES their freedoms, and serve also as role models colleagues join me in celebration for such a Tuesday, September 20, 2011 to peoples in other countries in the Middle national icon. With such a legacy of accom- East and North Africa. plishments and achievements, there is no Mr. DENHAM. Mr. Speaker, I rise today with ‘‘I am very grateful for the opportunity to question on how she has lasted over 50 years my colleague, Mr. NUNES, to commemorate visit Kurdistan, and hope to go back again to in the music business. As she looks forward to the 224th anniversary of the signing of the continue my humanitarian work. Seeing and another decade of great music, nothing seems United States Constitution on September 17, hearing the appreciation of the Kurdish peo- impossible to Dionne, a woman who has in- 1787, in Philadelphia, Pennsylvania. ple for the U.S. has made a tremendous impact on my healing, as a proud mother of an spired and empowered millions through her The signing of the Constitution by thirty-nine American soldier, Kimberly, killed in action music, her performances, and her work as a delegates to the Constitutional Convention, led liberating Iraq. The only way to move for- humanitarian. by George Washington, represents the formal ward is by strengthening people-to-people f beginning of our Republic. In conjunction with links between Americans and Iraqis, in and the Bill of Rights, the Constitution is one of the out of government. The people of Kurdistan RECOGNIZING NATIONAL DAY FOR greatest documents in history, a model for extended their hand to me, and I am grate- THE REPUBLIC OF CHINA ON more than 100 governments around the world; ful.’’ TAIWAN what President Lincoln describes in his Get- As the co-chairman of the Kurdish Regional tysburg Address as a ‘‘government of the peo- Congressional Caucus I have visited the Re- HON. BILLY LONG ple, by the people, for the people.’’ gion, and my oldest son led an Army National OF MISSOURI Mr. Speaker, please join Mr. NUNES and me Guard convoy through the Region. We share IN THE HOUSE OF REPRESENTATIVES in celebrating the 224th anniversary of this the optimism of Mrs. Hampton that the liber- Tuesday, September 20, 2011 historic day, and in recognizing the contribu- ated Kurdish Region of Iraq has a bright future Mr. LONG. Mr. Speaker, I rise today to tion of the U.S. Constitution to American free- of peace, security, and prosperity as a friend honor the people and leaders of the Republic dom. of America.

VerDate Mar 15 2010 04:38 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.025 E20SEPT1 jbell on DSK7SPTVN1PROD with REMARKS Tuesday, September 20, 2011 Daily Digest Senate Senator McCain, or his designee, be recognized to Chamber Action call up Amendment No. 625; that the time until Routine Proceedings, pages S5731–S5793 12:30 p.m. be equally divided between the two Measures Introduced: Seven bills and two resolu- Leaders, or their designees, for debate on the McCain tions were introduced, as follows: S. 1579–1585, and and Hatch amendments; provided further, that at S. Res. 272–273. Page S5773 12:30 p.m., Senate vote on or in relation to Hatch Amendment No. 641 (listed above), and McCain Measures Reported: Amendment No. 625, in that order; that there be Special Report entitled ‘‘Revised Allocation to two minutes, equally divided, prior to each vote; Subcommittees of Budget Totals for Fiscal Year that there be no amendments, points of order or mo- 2012’’. (S. Rept. No. 112–81) tions in order to either amendment prior to the Measures Considered: votes on the amendments, other than budget points Generalized System of Preferences Act—Agree- of order and the applicable motions to waive; and ment: Senate began consideration of H.R. 2832, to that each amendment be subject to a 60 affirmative extend the Generalized System of Preferences, after vote threshold. Page S5792 agreeing to the motion to proceed, and taking action Appointments: on the following amendments proposed thereto: National Commission for the Review of the Re- Pages S5739–45, S5750–64 search and Development Programs of the United Rejected: States Intelligence Community: The Chair, on be- By 45 yeas to 55 nays (Vote No. 141), McConnell half of the Republican Leader, after consultation Modified Amendment No. 626 (to Amendment No. with the Chairman of the Select Committee on In- 633), to provide trade promotion authority for the telligence, and pursuant to provisions of Public Law Trans-Pacific Partnership Agreement and for other 107–306, as amended by Public Law 111–259, an- trade agreements. (A unanimous-consent agreement nounced the appointment of Senator Coats to serve was reached providing that the amendment, having as a member of the National Commission for the failed to achieve 60 affirmative votes, the amend- Review of the Research and Development Programs ment was not agreed to.) of the United States Intelligence Community. Pages S5739–45, S5752–59, S5763–64 Page S5792 Pending: Nominations Confirmed: Senate confirmed the fol- Reid (for Casey) Amendment No. 633, to extend lowing nominations: and modify trade adjustment assistance. John Andrew Ross, of Missouri, to be United Pages S5739–45 States District Judge for the Eastern District of Mis- Hatch Amendment No. 641 (to Amendment No. souri. Pages S5760–63, S5793 633), to make the effective date of the amendments By a unanimous vote of 99 yeas (Vote No. EX. expanding the trade adjustment assistance program 140), Timothy M. Cain, of South Carolina, to be contingent on the enactment of the United States- United States District Judge for the District of Korea Free Trade Agreement Implementation Act, South Carolina. Pages S5760–63, S5793 the United States-Colombia Trade Promotion Agree- ment Implementation Act, and the United States- Executive Communications: Page S5772 Panama Trade Promotion Agreement Implementa- Executive Reports of Committees: Pages S5772–73 tion Act. Pages S5759–60 Additional Cosponsors: Pages S5773–74 A unanimous-consent-time agreement was reached providing for further consideration of the bill at ap- Statements on Introduced Bills/Resolutions: proximately 10:30 a.m., on Wednesday, September Pages S5774–76 21, 2011; that following the reporting of the bill, Additional Statements: Pages S5769–72 D990

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Amendments Submitted: Pages S5776–92 man, Amherst Securities Group, Austin, Texas; and Authorities for Committees to Meet: Page S5792 Stan Humphries, Zillow, Seattle, Washington. Privileges of the Floor: Page S5792 PROMOTING JOB CREATION Record Votes: Two record votes were taken today. Committee on the Budget: Committee concluded a hear- (Total—141) Pages S5763, S5764 ing to examine promoting job creation in the United Adjournment: Senate convened at 10 a.m. and ad- States, after receiving testimony from Alice M. journed at 6:59 p.m., until 9:30 a.m. on Wednes- Rivlin, The Brookings Institution, Harry J. Holzer, day, September 21, 2011. (For Senate’s program, see Georgetown University, and J.D. Foster, The Herit- the remarks of the Majority Leader in today’s Record age Foundation, all of Washington, D.C. on page S5793.) TAX REFORM Committee on Finance: Committee concluded a hearing Committee Meetings to examine tax reform options, focusing on incentives for innovation, after receiving testimony from (Committees not listed did not meet) Scott Wallsten, Technology Policy Institute, Wash- APPROPRIATIONS: TRANSPORTATION, ington, D.C.; Michael D. Rashkin, Author of Prac- HOUSING AND URBAN DEVELOPMENT, tical Guide to Research and Development Tax Incentives: AND RELATED AGENCIES Federal, State, and International, Saratoga, California; Committee on Appropriations: Annette Nellen, San Jose State University College of Subcommittee on Trans- Business, San Jose, California; and Dirk Pilat, Orga- portation, Housing and Urban Development, and nization for Economic Cooperation and Develop- Related Agencies approved for full committee con- ment, Paris, France. sideration an original bill making appropriations for Transportation, Housing and Urban Development, BUSINESS MEETING and Related Agencies for fiscal year 2012. Committee on Finance: Committee ordered favorably APPROPRIATIONS: LABOR, HEALTH AND reported the following business items: HUMAN SERVICES, AND EDUCATION, AND S.1542, to amend part B of title IV of the Social RELATED AGENCIES Security Act to extend the child and family services Committee on Appropriations: Subcommittee on Depart- program through fiscal year 2016; and ments of Labor, Health and Human Services, and The nominations of Juan F. Vasquez, of Texas, Jo- Education, and Related Agencies approved for full seph H. Gale, of Virginia, and Maurice B. Foley, of committee consideration an original bill making ap- Maryland, all to be a Judge of the United States Tax propriations for Labor, Health and Human Services, Court, and Janice Eberly, of Illinois, to be Assistant and Education, and Related Agencies for fiscal year Secretary of the Treasury. 2012. INTELLIGENCE COMMUNITY IRAN CONTRACTORS Committee on Armed Services: Committee met in closed Committee on Homeland Security and Governmental Af- session to receive a briefing on Iran from Michele A. fairs: Subcommittee on Oversight of Government Flournoy, Under Secretary for Policy, Admiral James Management, the Federal Workforce, and the Dis- A. Winnefeld, Jr., USN, Vice Chairman, Joint trict of Columbia concluded open and closed hear- Chiefs of Staff, and Asmar Amir, Colin Kahl, and ings to examine intelligence community contractors, Jaime Esteva, all of the Defense Intelligence Agency, focusing on striking the right balance, after receiving all of the Department of Defense. testimony from Daniel I. Gordon, Administrator for Federal Procurement Policy, Office of Management FORECLOSED PROPERTIES and Budget; Edward L. Haugland, Assistant Inspec- Committee on Banking, Housing, and Urban Affairs: tor General for Inspections, Office of Inspector Gen- Subcommittee on Housing, Transportation and eral, and Paula J. Roberts, Associate Director for Community Development concluded a hearing to ex- Human Capital, and Intelligence Community Chief amine new ideas to address the glut of foreclosed Human Capital Officer, both of the Office of the Di- properties, after receiving testimony from Allan H. rector of National Intelligence; Charles E. Allen, In- Dechert, New Jersey Association of Realtors, Edison; telligence and National Security Alliance, Arlington, Robert Nielsen, National Association of Home Virginia; Scott Amey, Project on Government Over- Builders, Washington, D.C.; Chris Krehmeyer, Be- sight (POGO), and Joshua Foust, American Security yond Housing, St. Louis, Missouri; Laurie S. Good- Project (ASP), both of Washington, D.C.; and Mark

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M. Lowenthal, The Intelligence and Security Acad- Senator McCaskill, Thomas Owen Rice, to be United emy, LLC, Reston, Virginia. States District Judge for the Eastern District of NOMINATIONS Washington, who was introduced by Senator Klo- buchar, and David Nuffer, to be United States Dis- Committee on the Judiciary: Committee concluded a trict Judge for the District of Utah, who was intro- hearing to examine the nominations of Adalberto duced by Senators Hatch and Lee, after the nominees Jose Jordan, of Florida, to be United States Circuit testified and answered questions in their own behalf. Judge for the Eleventh Circuit, who was introduced by Senators Nelson (FL) and Rubio, John M. Gerrard, to be United States District Judge for the INTELLIGENCE District of Nebraska, who was introduced by Sen- Select Committee on Intelligence: Committee held closed ators Nelson (NE) and Johanns, Mary Elizabeth Phil- hearings on intelligence matters, receiving testimony lips, to be United States District Judge for the from officials of the intelligence community. Western District of Missouri, who was introduced by Committee recessed subject to the call. h House of Representatives United States Parole Commission Extension Act Chamber Action of 2011: H.R. 2944, to provide for the continued Public Bills and Resolutions Introduced: 14 pub- performance of the functions of the United States lic bills, H.R. 2967–2980; and 4 resolutions, H. Parole Commission, by a 2⁄3 yea-and-nay vote of 415 Res. 403–404, 407–408 were introduced. yeas with none voting ‘‘nay’’, Roll No. 712; Pages H6271–72 Pages H6243–44, H6255–56 Additional Cosponsors: Pages H6272–73 Death in Custody Reporting Act of 2011: H.R. Reports Filed: Reports were filed today as follows: 2189, to encourage States to report to the Attorney H. Res. 405, providing for consideration of the General certain information regarding the deaths of Senate amendment to the bill (H.R. 2608) to pro- individuals in the custody of law enforcement agen- vide for an additional temporary extension of pro- cies, by a 2⁄3 yea-and-nay vote of 398 yeas to 18 grams under the Small Business Act and the Small nays, Roll No. 713; Pages H6244–46, H6256–57 Business Investment Act of 1958, and for other pur- Veterans Health Care Facilities Capital Im- poses (H. Rept. 112–212) and provement Act of 2011: H.R. 2646, amended, to au- H. Res. 406, providing for consideration of the thorize certain Department of Veterans Affairs major bill (H.R. 2401) to require analyses of the cumu- medical facility projects and leases, to extend certain lative and incremental impacts of certain rules and expiring provisions of law, and to modify certain au- actions of the Environmental Protection Agency, and thorities of the Secretary of Veterans Affairs, by a 2⁄3 for other purposes (H. Rept. 112–213). Page H6271 yea-and-nay note of 412 yeas to 3 nays, Roll No. Speaker: Read a letter from the Speaker wherein he 714; Pages H6246–49, H6257 appointed Representative Harris to act as Speaker Combating Autism Reauthorization Act of pro tempore for today. Page H6239 2011: H.R. 2005, to reauthorize the Combating Au- Recess: The House recessed at 12:25 p.m. and re- tism Act of 2006; and Pages H6249–54 convened at 2 p.m. Page H6241 Children’s Hospital GME Support Reauthoriza- Committee Resignation: Read a letter from Rep- tion Act of 2011: H.R. 1852, to amend the Public resentative Wasserman Schultz, wherein she resigned Health Service Act to reauthorize support for grad- from the Committee on the Judiciary. Pages H6242–43 uate medical education programs in children’s hos- Recess: The House recessed at 2:25 p.m. and recon- pitals. Pages H6254–55 vened at 3:33 p.m. Page H6246 Recess: The House recessed at 4:27 p.m. and recon- Recess: The House recessed at 3:48 p.m. and recon- vened at 6:30 p.m. Page H6255 vened at 3:54 p.m. Page H6249 Senate Messages: Messages received from the Senate Suspensions: The House agreed to suspend the rules by the Clerk and subsequently presented to the and pass the following measures: House today appear on pages H6243.

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Quorum Calls—Votes: Three yea-and-nay votes de- ered as read. The rule waives all points of order veloped during the proceedings of today and appear against the committee amendment in the nature of on pages H6255–56, H6256–57 and H6257. There a substitute. The rule makes in order only those were no quorum calls. amendments printed in the Rules Committee report Adjournment: The House met at 12 noon and ad- accompanying the resolution. Each such amendment journed at 9:05 p.m. may be offered only in the order printed in the report, may be offered only by a Member designated Committee Meetings in the report, shall be considered as read, shall be debatable for the time specified in the report equally CHALLENGES TO DOING BUSINESS WITH divided and controlled by the proponent and an op- THE DEPARTMENT OF DEFENSE ponent, shall not be subject to amendment, and shall Committee on Armed Services: Panel on Business Chal- not be subject to a demand for division of the ques- lenges with the Defense Industry held a hearing on tion. The rule waives all points of order against the challenges to doing business with the Department of amendments printed in the report. Finally, the rule Defense. Testimony was heard from public witnesses. provides one motion to recommit with or without MISCELLANEOUS MEASURES instructions. Committee on Energy and Commerce: Full Committee Testimony was heard from Rep. Whitfield; Rep. began markup of the following: H.R. 2250, the Rush; Rep. Hastings of Florida; and Rep. Richard- ‘‘EPA Regulatory Relief Act of 2011’’; H.R. 2681, son. the ‘‘Cement Sector Regulatory Relief Act of 2011’’; and H.R. 2937, the ‘‘Pipeline Infrastructure and BUSINESS PROGRAM EXTENSION AND Community Protection Act of 2011.’’ This markup REFORM ACT OF 2011 (CONTINUING will continue on September 21, 10 a.m., 2123 Ray- APPROPRIATIONS ACT, 2012) burn. Committee on Rules: Full Committee held a hearing on HUMAN RIGHTS IN NORTH KOREA H.R. 2608, the ‘‘Small Business Program Extension Committee on Foreign Affairs: Subcommittee on Africa, and Reform Act of 2011’’ (Continuing Appropria- Global Health, and Human Rights held a hearing tions Act). The Committee granted, by record vote entitled ‘‘Human Rights in North Korea: Challenges of 7 to 2, a resolution providing for the consider- and Opportunities.’’ Testimony was heard from pub- ation of the Senate amendment to H.R. 2608. The lic witnesses. rule makes in order a motion by the chair of the Committee on Appropriations that the House concur PROPOSED MERGER BETWEEN EXPRESS in the Senate amendment with the amendment SCRIPTS AND MEDCO printed in the Rules Committee report accom- Committee on the Judiciary: Subcommittee on Intellec- panying the resolution. The rule waives all points of tual Property, Competition, and the Internet held a order against consideration of the motion. The rule hearing entitled ‘‘The Proposed Merger between Ex- provides that the Senate amendment and the motion press Scripts and Medco.’’ Testimony was heard from shall be considered as read. The rule provides one public witnesses. hour of debate on the motion equally divided and TRANSPARENCY IN REGULATORY controlled by the chair and ranking minority mem- ANALYSIS OF IMPACTS ON THE NATION ber of the Committee on Appropriations. Finally, the (TRAIN) ACT OF 2011 rule provides that H. Res. 399 is laid on the table. Committee on Rules: Full Committee held a hearing on H.R. 2401, the ‘‘Transparency in Regulatory Anal- ysis of Impacts on the Nation (TRAIN) Act of Joint Meetings 2011.’’ The Committee granted, by voice vote, a structured rule providing two hours of general de- DEBT LIMIT bate equally divided and controlled by the chair and Joint Economic Committee: Committee concluded a ranking minority member of the Committee on En- hearing to examine the debt limit, after receiving ergy and Commerce. The rule waives all points of testimony from Allan H. Meltzer, Carnegie Mellon order against consideration of the bill. The rule pro- University, Pittsburgh, Pennsylvania; Chris Edwards, vides that the amendment in the nature of a sub- Cato Institute, Washington, D.C.; and Laurence stitute recommended by the Committee on Energy Ball, Johns Hopkins University, Baltimore, Mary- and Commerce shall be considered as an original bill land. for the purpose of amendment and shall be consid-

VerDate Mar 15 2010 04:39 Sep 21, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE1.REC D20SEPT1 jbell on DSK7SPTVN1PROD with DIGEST D994 CONGRESSIONAL RECORD — DAILY DIGEST September 20, 2011 COMMITTEE MEETINGS FOR WEDNESDAY, Subcommittee on Antitrust, Competition Policy and SEPTEMBER 21, 2011 Consumer Rights, to hold hearings to examine Google, focusing on consumers and competition, 2 p.m., SD–226. (Committee meetings are open unless otherwise indicated) Committee on Veterans’ Affairs: to hold joint hearings to examine the legislative presentation of The American Le- gion, 10 a.m., SDG–50. Senate House Committee on Appropriations: business meeting to markup Committee on Armed Services: Subcommittee on Readi- proposed budget estimates for fiscal year 2012 for Trans- ness, hearing on Army Reserve, Army National Guard portation, Housing and Urban Development, and Related and Air National Guard readiness, training and oper- Agencies, Department of State, Foreign Operations, and ations, 1 p.m., 2212 Rayburn. Related Programs, and Labor, Health and Human Serv- Committee on the Budget: Full Committee, hearing enti- ices, Education, and Related Agencies, 3 p.m., SD–106. tled ‘‘The Broken Budget Process: Perspectives from Committee on Energy and Natural Resources: Subcommittee Former CBO Directors.’’ 10 a.m., 210 Cannon. on National Parks, to hold hearings to examine a recently Committee on Education and the Workforce: Subcommittee released report by the National Park Service, focusing on on Early Childhood, Elementary, and Secondary Edu- ‘‘A Call to Action Preparing for a Second Century of cation, hearing entitled ‘‘Education Reforms: Ensuring Stewardship and Engagement’’, 2:30 p.m., SD–366. the Education System Is Accountable to Parents and Committee on Environment and Public Works: business Communities.’’ 10 a.m., 2175 Rayburn. meeting to consider S. 97, to amend the Federal Water Committee on Energy and Commerce: Full Committee, con- Pollution Control Act to establish a grant program to tinue markup of the following: H.R. 2250, the ‘‘EPA support the restoration of San Francisco Bay, S. 893, to Regulatory Relief Act of 2011’’; H.R. 2681, the ‘‘Cement authorize the Secretary of the Interior to provide financial Sector Regulatory Relief Act of 2011’’; and H.R. 2937, assistance to the State of Louisiana for a pilot program to the ‘‘Pipeline Infrastructure and Community Protection develop measures to eradicate or control feral swine and Act of 2011.’’ 10 a.m., 2123 Rayburn. to assess and restore wetlands damaged by feral swine, S. Committee on Financial Services: Subcommittee on Capital 1400, to restore the natural resources, ecosystems, fish- Markets and Government Sponsored Enterprises, hearing eries, marine and wildlife habitats, beaches, and coastal entitled ‘‘Legislative Proposals To Facilitate Small Busi- wetlands of Gulf Coast States, to create jobs and revive ness Capital Formation and Job Creation.’’ 10 a.m., 2128 the economic health of communities adversely affected by Rayburn. the explosion on, and sinking of, the mobile offshore Subcommittee on International Monetary Policy and drilling unit Deepwater Horizon, the nomination of Ken- Trade, hearing entitled ‘‘The Impact of the World Bank neth J. Kopocis, of Virginia, to be an Assistant Adminis- and Multi-Lateral Development Banks on National Secu- trator of the Environmental Protection Agency, and pro- rity.’’ 2 p.m., 2128 Rayburn. posed resolutions relating to the General Services Admin- Committee on Foreign Affairs: Full Committee, markup of istration, 10 a.m., SD–406. the following: H.R. 2699, to establish policies and proce- Committee on Finance: to hold hearings to examine du- dures in the Peace Corps to provide for the safety and se- ally-eligible beneficiaries, focusing on improving care curity of volunteers from rape and sexual assault, and for while lowering costs, 10 a.m., SD–215. other purposes; and H.R. 2337, to amend the Peace Committee on Foreign Relations: to hold hearings to exam- Corps Act to require sexual assault risk-reduction and re- ine the nominations of Robert A. Mandell, of Florida, to sponse training, the development of sexual assault probe Ambassador to Luxembourg, Thomas Charles Krajeski, tocol and guidelines, the establishment of victims advo- of Virginia, to be Ambassador to the Kingdom of Bah- cates, the establishment of a Sexual Assault Advisory rain, Dan W. Mozena, of Iowa, to be Ambassador to the Council, and for other purposes. 10 a.m., 2172 Rayburn. People’s Republic of Bangladesh, and Michael A. Ham- Subcommittee on Asia and the Pacific, hearing entitled mer, of the District of Columbia, to be Assistant Sec- ‘‘China’s Monopoly on Rare Earths: Implications for U.S. retary for Public Affairs, all of the Department of State, Foreign and Security Policy.’’ 1 p.m., 2172 Rayburn. 10 a.m., SD–419. Committee on Homeland Security: Full Committee, mark- Committee on Homeland Security and Governmental Affairs: up of the following: H. Res. 255, expressing the sense of business meeting to resume consideration of S. 1546, to the House of Representatives that effective sharing of pas- authorize certain programs of the Department of Home- senger information from inbound international flight land Security, 10 a.m., SD–342. manifests is a crucial component of our national security Full Committee, to hold hearings to examine trans- and that the Department of Homeland Security must forming wartime contracting, focusing on recommenda- maintain the information sharing standards required tions of the Commission on Wartime Contracting, 2:30 under the 2007 Passenger Name Record Agreement be- p.m., SD–342. tween the United States and the European Union; H.R. Committee on the Judiciary: Subcommittee on Crime and 915, the ‘‘Jaime Zapata Border Enforcement Security Terrorism, to hold hearings to examine countering ter- Task Force Act’’; H.R. 1165, the ‘‘Transportation Secu- rorist financing, focusing on progress and priorities, 11 rity Administration Ombudsman Act of 2011’’; H.R. a.m., SD–226. 1299, the ‘‘Secure Border Act of 2011’’; H.R. 1447, the

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‘‘Aviation Security Stakeholder Participation Act of Subcommittee on Research and Science Education, 2011’’; and H.R. 1801, the ‘‘Risk-Based Security Screen- hearing entitled ‘‘Oversight of the Networking and Infor- ing for Members of The Armed Forces Act’’. 10 a.m., mation Technology Research and Development Program 311 Cannon. and Priorities for the Future.’’ 2 p.m., 2318 Rayburn. Committee on the Judiciary: Full Committee, continued Committee on Small Business: Full Committee, hearing markup of the following: H.R. 2885, the ‘‘Legal Work- entitled ‘‘Eliminating Job-Sapping Federal Rules through force Act’’; and H.R. 2847, the ‘‘American Specialty Ag- Retrospective Reviews—Oversight of the President’s Ef- riculture Act.’’ 10:15 a.m., 2141 Rayburn. forts.’’ 1 p.m., 2360 Rayburn. Committee on Natural Resources: Full Committee, hearing Committee on Transportation and Infrastructure: Sub- entitled ‘‘ANWR: Jobs, Energy and Deficit Reduction.’’ committee on Water Resources and Environment, hearing 10 a.m., 1324 Longworth. entitled ‘‘The Economic Importance and Financial Chal- Committee on Oversight and Government Reform: Sub- lenges of Recapitalizing the Nation’s Inland Waterways committee on Technology, Information Policy, Intergov- Transportation System.’’ 10 a.m., 2167 Rayburn. ernmental Relations and Procurement Reform, will hold Committee on Ways and Means: Full Committee, hearing to review and examine the variety of economic models a business meeting, 9:30 a.m., 2154 Rayburn. used by the Joint Committee on Taxation (JCT) to ana- Subcommittee on Health Care, District of Columbia, lyze and score tax reform legislation, 10 a.m., 1100 Long- Census and the National Archives, hearing entitled ‘‘Ex- worth. amining Abuses of Medicaid Eligibility Rules.’’ 10 a.m., Full Committee, hearing to examine certain expiring 2247 Rayburn. Medicare provider payment provisions, 2 p.m., 1100 Subcommittee on Federal Workforce, U.S. Postal Serv- Longworth. ice and Labor Policy, will hold a business meeting, 1:30 p.m., 2154 Rayburn. Joint Meetings Committee on Science, Space, and Technology: Subcommittee Joint Economic Committee: to hold hearings to examine on Technology and Innovation, hearing entitled ‘‘The manufacturing in the United States of America, focusing Next IT Revolution? Cloud Computing Opportunities on how United States trade policy offshores jobs, 2 p.m., and Challenges.’’ 10 a.m., 2318 Rayburn. SH–216.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, September 21 10 a.m., Wednesday, September 21

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of the Senate morning business (not to extend beyond one hour), Senate amendment to H.R. 2608—Small Business Program Ex- will continue consideration of H.R. 2832, Generalized tension and Reform Act of 2011 (Subject to a Rule). System of Preferences Act, and vote on or in relation to Consideration of the following suspensions: 1) S. Con. Hatch Amendment No. 641, and McCain Amendment Res. 28—A concurrent resolution authorizing the use of No. 625 at 12:30 p.m. Emancipation Hall in the Capitol Visitor Center for an event to award the Congressional Gold Medal, collectively, to the 100th Infantry Battalion, 442nd Regi- mental Combat Team, and the Military Intelligence Serv- ice, United States Army, in recognition of their dedicated service during World War II; 2) S. 846—To designate the United States courthouse located at 80 Lafayette Street in Jefferson City, Missouri, as the Christopher S. Bond United States Courthouse; 3) H.R. 2943—Tem- porary Assistance for Needy Families Extension; and 4) H.R. 2883—Child and Family Services Improvement and Innovation Act.

Extensions of Remarks, as inserted in this issue

HOUSE Fattah, Chaka, Pa., E1664 Moore, Gwen, Wisc., E1661 Foxx, Virginia, N.C., E1667 Nadler, Jerrold, N.Y., E1662 Alexander, Rodney, La., E1659 Graves, Sam, Mo., E1657 Pascrell, Bill, Jr., N.J., E1662 Andrews, Robert E., N.J., E1663 Hoyer, Steny H., Md., E1660 Poe, Ted, Tex., E1667 Blumenauer, Earl, Ore., E1666 Inslee, Jay, Wash., E1663 Rangel, Charles B., N.Y., E1665, E1666, E1667, E1668 Bonner, Jo, Ala., E1664 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E1663 Rogers, Mike, Ala., E1661, E1665 Boren, Dan, Okla., E1657 Kucinich, Dennis J., Ohio, E1657, E1658, E1658 Sanchez, Loretta, Calif., E1663 Carnahan, Russ, Mo., E1659 Latham, Tom, Iowa, E1657 Shuler, Heath, N.C., E1662 Coffman, Mike, Colo., E1662 Lipinski, Daniel, Ill., E1659, E1659 Simpson, Michael K., Idaho, E1661 Cohen, Steve, Tenn., E1664 Long, Billy, Mo., E1668 Tipton, Scott R., Colo., E1658, E1658, E1658 Costa, Jim, Calif., E1659 Lungren, Daniel E., Calif., E1660 Westmoreland, Lynn A., Ga., E1661 Denham, Jeff, Calif., E1668 McCollum, Betty, Minn., E1663 Wilson, Joe, S.C., E1668 Duffy, Sean P., Wisc., E1664 McIntyre, Mike, N.C., E1666 Woolsey, Lynn C., Calif., E1660

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