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, FRIDAY, NOVEMBER 4, 2011 No. 168 Senate The Senate was not in session today. Its next meeting will be held on Monday, November 7, 2011, at 2 p.m. House of Representatives FRIDAY, NOVEMBER 4, 2011

The House met at 9 a.m. and was ward and lead the House in the Pledge District. From his early days as an in- called to order by the Speaker. of Allegiance. tern to now communications director, f Mr. BARROW led the Pledge of Alle- Neal has represented our office with giance as follows: enthusiasm and professionalism. It is PRAYER I pledge allegiance to the Flag of the with sincere gratitude that I would The Chaplain, the Reverend Patrick United States of America, and to the Repub- like to thank Neal for his dedication. J. Conroy, offered the following prayer: lic for which it stands, one nation under God, In conclusion, God bless our troops, Compassionate and merciful God, we indivisible, with liberty and justice for all. and we will never forget September the give You thanks for giving us another f 11th in the global war on terrorism. day. ANNOUNCEMENT BY THE SPEAKER As this House comes together at the f The SPEAKER. The Chair will enter- end of the week, bless the work of its VETERANS’ COMPENSATION COST- tain up to five requests for 1-minute Members. Give them strength, for- OF-LIVING ADJUSTMENT ACT titude, and patience. Fill their hearts speeches. with charity, their minds with under- f (Mr. BARROW asked and was given permission to address the House for 1 standing, their wills with courage to do THANK YOU, NEAL PATEL the right thing for all of America. minute and to revise and extend his re- The work that they have is difficult (Mr. WILSON of South Carolina marks.) work. May they rise together to ac- asked and was given permission to ad- Mr. BARROW. Mr. Speaker, I rise to complish what is best for our great Na- dress the House for 1 minute and to re- highlight this week’s passage of S. 894, tion, and, indeed, for all the world, for vise and extend his remarks.) the Veterans Compensation Cost-of- You have blessed us with many riches Mr. WILSON of South Carolina. Mr. Living Adjustment Act of 2011. During and a great history of building a par- Speaker, today I would like to extend this difficult economic time, it’s more ticipative government of the people, by my sincere appreciation to Neal Patel, important than ever that we keep our the people, and for the people. a committed staff member in the office promises to our veterans. May all that is done this day be for of the Second Congressional District of This bill provides a cost of living ad- Your greater honor and glory. South Carolina. After little more than justment to the disability pay of our Amen. a year, Neal is departing the office to wounded veterans. This well-earned in- join Congressman CHARLES BOUSTANY’s crease will go a long way to help vet- f staff and serve as his communications erans make ends meet. This could not THE JOURNAL director to further the Republican have been done at a more appropriate The SPEAKER. The Chair has exam- plans to create jobs. time as we’re one week away from Vet- ined the Journal of the last day’s pro- A native of Nichols, South Carolina, erans Day. ceedings and announces to the House Neal is a graduate of the University of I’m happy to see that my colleagues his approval thereof. North Carolina and Charleston School joined together in a bipartisan fashion Pursuant to clause 1, rule I, the Jour- of Law. I have worked with his parents, to pass this legislation. Again, I com- nal stands approved. Ashvin and Suwarna Patel in the motel mend my colleagues for standing to- f industry for over 30 years, and I know gether for veterans by passing the Vet- they are proud of their son’s achieve- erans’ Compensation Cost-of-Living PLEDGE OF ALLEGIANCE ments. Adjustment Act, and I encourage my The SPEAKER. Will the gentleman Neal has been a tremendous asset for colleagues to continue to work to- from Georgia (Mr. BARROW) come for- the people of the Second Congressional gether in a bipartisan fashion to keep

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 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7336 CONGRESSIONAL RECORD — HOUSE November 4, 2011 the promises our country made to vet- BIPARTISANSHIP IS NOT DEAD you for the contribution you’ve made erans when they first signed up. (Mr. WALZ of Minnesota asked and to your community, your State, and to f was given permission to address the your Nation. And on this, your 90th House for 1 minute and to revise and birthday, may God bless you, and may JOBS FOR OUR VETERANS extend his remarks.) God bless the United States of Amer- (Ms. HOCHUL asked and was given Mr. WALZ of Minnesota. Mr. Speak- ica. permission to address the House for 1 er, bipartisanship is not dead. There f minute.) are policies grounded in common sense b 0910 Ms. HOCHUL. Mr. Speaker, as we ap- that lawmakers on both sides of the proach the impending Veterans Day aisle can agree upon. INTERNATIONAL FAMILY next week, I think it’s important that I’m proud to be part of a group of PLANNING we pause for a moment as a country lawmakers, Democrat and Republican, (Mr. QUIGLEY asked and was given and reflect on the contributions that who are fighting to complete the Lewis permission to address the House for 1 these veterans have done, veterans who and Clark Rural Water System in Min- minute.) served us since the early part of last nesota, Iowa, and South Dakota. This Mr. QUIGLEY. Mr. Speaker, on Mon- century, all the way up to those who infrastructure project alone will bring day the Earth’s 7 billionth person was are waiting to come home with open drinking water to an area of the United born. Our population has doubled in arms, just a month away, this Christ- States the size of Connecticut. It will the last 50 years, and it could double mas. sustain hundreds of jobs and create an again by the end of the century if we But importantly, we have to give estimated 10,000 jobs in the long run. let it. them jobs when they come home. And The funds for this project were prom- This rapid growth is straining water Mr. Speaker that’s why I support the ised during the Clinton Presidency, the and food supplies, reducing access to sections of the President’s jobs bill Bush Presidency, and the Obama Presi- health care and education, and even that will create small business incen- dency. Locals not only paid their creating instability and violence. tives to hire our veterans, and an even share, they paid in advance. And yet Most importantly, this growth is de- greater incentive to hire our wounded today, the earth movers, the forklifts, nying women in nations like Yemen veterans. This is so important because and the dump trucks sit idle, and no and Afghanistan, who still average the last thing I want to see in this water runs to thirsty communities. more than five children, their basic country is to give thanks to these peo- A bipartisan coalition in this Con- human right to decide if, when, and ple on one day and then to find them gress is ready to act to push this how many children to have; 215 million under a bridge because they’re home- project forward. With only 14 legisla- women around the world say they want less and couldn’t get a job. tive days left in our congressional cal- access to contraception but can’t get These people deserve better than endar, the time is now to work to- it. We can fulfill that need and save that, Mr. Speaker, and I call on my gether, create jobs in a commonsense lives, improve lives, and save tax dol- Members of Congress, in a bipartisan approach, bring Lewis and Clark to a lars while we do it. way, to support incentives to give our reality. According to the Guttmacher Insti- tute, meeting this unmet need for fam- veterans what they need when they f come home—a warm welcome and the ily planning could save the lives of dignity of a job. HONORING PAUL EASON 251,000 women and 1.7 million newborns, improve rates of education f (Mr. NUNNELEE asked and was and health, and save a net total of $1.5 given permission to address the House VETERANS DAY billion. for 1 minute.) America can lead the world in family (Mr. SAM JOHNSON of Texas asked Mr. NUNNELEE. Mr. Speaker, today planning as it once did, but we have to and was given permission to address I rise to honor one of the members of increase our investment in inter- the House for 1 minute and to revise the Greatest Generation, Mr. Paul national family planning. and extend his remarks.) Eason. Mr. Paul came home after Mr. SAM JOHNSON of Texas. I, too, World War II and became a success in f rise to honor, celebrate, and remember his community by any measure of the HONORING OUR VETERANS our courageous men and women in uni- word: a manufacturing leader, three (Mr. JOHNSON of Ohio asked and form who’ve served in the United terms on our city council, chairman of was given permission to address the States Armed Forces. the Parks and Recreation Commission, House for 1 minute and to revise and Next Friday, our Nation as a whole Citizen of the Year. extend his remarks.) will observe Veterans Day, a day which But his most significant contribution Mr. JOHNSON of Ohio. Mr. Speaker, should serve as a reminder to every was giving his time and energy as today I rise to express my strong sup- American that our Armed Forces, both scoutmaster for three generations of port and gratitude to America’s heroes, past and present, are made up of indi- boys in Tupelo, Mississippi. He was the our veterans. While our servicemem- viduals of great courage, character, scoutmaster for Boy Scout Troop 12 for bers and veterans deserve our gratitude and honor. over 59 years. and thanks every day, Veterans Day, As a 29-year Air Force veteran and a When he began, his scouts thought it which we will celebrate next Friday, former prisoner of war for nearly 7 would be interesting to see if they serves as an important reminder of the years, I know firsthand that freedom is could go for a year without missing a sacrifices that our brave men in uni- not free. We owe a debt of gratitude to monthly campout. And Troop 12 re- form make every day to defend our all who have worn the uniform and cently completed its 729th consecutive freedoms. their families. monthly campout, not missing a As a veteran myself, I am also aware I urge all Americans to use this Vet- month since Harry Truman was presi- of the extraordinary sacrifices that erans Day as an opportunity to person- dent. families at home endure while their ally thank a veteran. It’s because of They thought they were learning how loved ones are deployed. I would like to their sacrifices that we remain the to tie knots and pitch tents; Mr. Paul extend my thanks to those families for land of the free and the home of the was teaching them the meaning of the their patience and support which play brave. scout oath: ‘‘On my honor, I will do my an integral role in the success of our I think an inscription on the wall at best to do my duty to God and my troops serving abroad. the POW camp when we left says it all: country.’’ As a member of the House Veterans’ Freedom has a taste to those who fight America needs more young men that Affairs Committee, I am committed to and almost die that the protected will understand the meaning of duty, excel- ensuring that our Nation’s veterans, never know. lence, and honor. their families, and survivors receive I salute our veterans. God bless As a father of two of Troop 12’s eagle the care, benefits, and services they’ve America. scouts, Mr. Paul, I want to say thank earned.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7337 Once again, I would like to offer my structure now printed in the bill, it shall be sume. During consideration of this res- sincere gratitude to our Nation’s vet- in order to consider as an original bill for the olution, all time yielded is for the pur- erans and their families. purpose of amendment under the five-minute pose of debate only. rule an amendment in the nature of a sub- GENERAL LEAVE f stitute consisting of the text of the Rules Mr. WEBSTER. Mr. Speaker, I ask DOMESTIC VIOLENCE Committee Print dated October 28, 2011. That amendment in the nature of a substitute unanimous consent that all Members (Mr. HIMES asked and was given per- shall be considered as read. All points of have 5 legislative days to revise and ex- mission to address the House for 1 order against that amendment in the nature tend their remarks. minute and to revise and extend his re- of a substitute are waived. The SPEAKER pro tempore. Is there marks.) (b) No amendment to the amendment in objection to the request of the gen- Mr. HIMES. Mr. Speaker, I rise this the nature of a substitute made in order as tleman from Florida? morning to address the persuasive and original text shall be in order except those There was no objection. life-threatening challenges posed by printed in the report of the Committee on Mr. WEBSTER. Mr. Speaker, I rise Rules accompanying this resolution and today in support of this rule and the domestic violence. amendments en bloc described in section 3 of Mr. Speaker, according to the Na- underlying bill. this resolution. House Resolution 455 provides for a tional Coalition Against Domestic Vio- (c) Each amendment printed in the report lence, as many as one in four women of the Committee on Rules shall be consid- structured rule for the consideration of over the course of her lifetime will ex- ered only in the order printed in the report, H.R. 2838, the Coast Guard and Mari- perience domestic violence. This is a may be offered only by a Member designated time Transportation Act of 2011. The crime that knows no geographical in the report, shall be considered as read, rule makes 18 amendments submitted boundaries, a crime which knows no shall be debatable for the time specified in to the Rules Committee in order for ro- the report equally divided and controlled by bust debate here in the House of Rep- class boundaries, and a crime which the proponent and an opponent, shall not be does not come to the family from with- resentatives: 10 of those 18 amend- subject to amendment, and shall not be sub- ments made in order are Democrat- out but comes from within and tran- ject to a demand for division of the question scends generations as children are in the House or in the Committee of the sponsored amendments; 7 are Repub- scared and then replicate the behavior Whole. lican amendments; and one is a bipar- that unfortunately they saw in their (d) All points of order against amendments tisan amendment. Five information-gathering sub- families. printed in the report of the Committee on committee hearings were held prior to Mr. Speaker, around the United Rules or amendments en bloc described in section 3 of this resolution are waived. this bill being reported out of com- States and certainly in Connecticut. SEC. 3. It shall be in order at any time for mittee. Further, this legislation passed We’ve got wonderful organizations like the chair of the Committee on Transpor- out of the Transportation and Infra- the YWCA of Greenwich, the Center for tation and Infrastructure or his designee to structure Committee with bipartisan Women and Families of Eastern Fair- offer amendments en bloc consisting of support by a voice vote. field County, and the Domestic Vio- amendments printed in the report of the The Coast Guard is comprised of lence Crisis Centers in Stamford and Committee on Rules accompanying this res- olution not earlier disposed of. Amendments nearly 100,000 military personnel, re- Norwalk doing wonderful work pro- servists, civilian employees, and auxil- viding safety and comfort to victims of en bloc offered pursuant to this section shall be considered as read, shall be debatable for iary volunteers. It is one of the five these crimes. 10 minutes equally divided and controlled by branches of the armed services that We should support those organiza- the chair and ranking minority member of constitutes our Armed Forces. The tions, Mr. Speaker. But each and every the Committee on Transportation and Infra- Coast Guard or its predecessors has de- one of us as fathers, as brothers, as structure or their designees, shall not be fended this Nation in every war since community leaders, as Members of subject to amendment, and shall not be sub- 1790. Charged primarily with enforcing Congress should stand up and say we ject to a demand for division of the question the laws of the United States in, under, in the House or in the Committee of the will put an end to this terribly destruc- and over the high seas and waters tive force. Whole. The original proponent of an amend- ment included in such amendments en bloc under American jurisdiction, the Coast f may insert a statement in the Congressional Guard is asked to serve many functions PROVIDING FOR CONSIDERATION Record immediately before the disposition of simultaneously. This is important in OF H.R. 2838, COAST GUARD AND the amendments en bloc. my own State of Florida, which has the MARITIME TRANSPORTATION SEC. 4. At the conclusion of consideration largest coastline of any of the 48 con- of the bill for amendment the Committee ACT OF 2011 tiguous States. From drug interdiction shall rise and report the bill to the House to port security to border enforcement, Mr. WEBSTER. Mr. Speaker, by di- with such amendments as may have been the Coast Guard’s reach is wide and its rection of the Committee on Rules, I adopted. Any Member may demand a sepa- rate vote in the House on any amendment mission critical. call up House Resolution 455 and ask This bipartisan legislation authorizes for its immediate consideration. adopted in the Committee of the Whole to the bill or to the amendment in the nature of appropriations through fiscal year 2015 The Clerk read the resolution, as fol- a substitute made in order as original text. for the Coast Guard to carry out all of lows: The previous question shall be considered as its many responsibilities. It also au- H. RES. 455 ordered on the bill and amendments thereto thorizes appropriations for the Federal Resolved, That at any time after the adop- to final passage without intervening motion Maritime Commission, including tion of this resolution the Speaker may, pur- except one motion to recommit with or with- grants for certain short-distance ship- suant to clause 2(b) of rule XVIII, declare the out instructions. ping activities. Finally, the bill makes SEC. 5. It shall be in order at any time on House resolved into the Committee of the some changes to current law, affecting Whole House on the state of the Union for the legislative day of November 4, 2011, for the Speaker to entertain motions that the maritime safety, transportation and consideration of the bill (H.R. 2838) to au- the authorities of the Coast Guard. thorize appropriations for the Coast Guard House suspend the rules relating to a meas- for fiscal years 2012 through 2015, and for ure addressing the applicability of the coast- The rule also allows for the consider- other purposes. The first reading of the bill wise trade laws. ation of H.R. 2840, the Commercial Ves- sel Discharges Reform Act. Ballast shall be dispensed with. All points of order b 0920 against consideration of the bill are waived. water and the subsequent discharge of General debate shall be confined to the bill The SPEAKER pro tempore (Mr. ballast water are essential to the safe and amendments specified in this resolution SIMPSON). The gentleman from Florida operation and stability of our seafaring and shall not exceed one hour equally di- is recognized for 1 hour. vessels. This bill will simply set a sin- vided and controlled by the chair and rank- Mr. WEBSTER. Thank you, Mr. gle uniform, nationwide standard for ing minority member of the Committee on Speaker. ballast water discharge from commer- Transportation and Infrastructure. After For the purpose of debate only, I general debate the bill shall be considered cial vessels. for amendment under the five-minute rule. yield the customary 30 minutes to my Currently, the Coast Guard and the SEC. 2. (a) In lieu of the amendment in the colleague, the gentlelady from New EPA have developed separate regula- nature of a substitute recommended by the York (Ms. SLAUGHTER), pending which I tions under two different laws to gov- Committee on Transportation and Infra- yield myself such time as I may con- ern ballast water discharge. The EPA’s

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7338 CONGRESSIONAL RECORD — HOUSE November 4, 2011 regulations are particularly burden- We all banded together and had that from, probably, any other Federal some as they allow each State to im- part removed. We do have an obligation agency. pose different requirements on top of to save 20 percent of the planet’s fresh- It continues to do more with less: be the Federal regulations. The result: 29 water, which is becoming more and it the search and rescue program, differing and often contradicting stand- more scarce every day. which is endless; be it the drug inter- ards. A uniform national standard, as Nationally, more than 4,500 invasive diction that appears to be endless as set by this legislation, will assure the species have been introduced to the Na- well; be it the Aids to Navigation pro- free flow of ships in and out of United tion’s waters. In total, they cost us bil- gram with which the Coast Guard con- States ports while protecting both the lions of dollars on an annual basis. $5 tinues to stay on top of the play; be it jobs, dependent on their efficient oper- billion alone has been spent to try to the ice patrols in the Arctic, the Ant- ation, and U.S. waters. deal with the European zebra mussel, arctic, the Great Lakes, and others. It should be stressed that the stand- which we’ve barely made any inroads The Coast Guard stands always ready. ard is meant to protect commerce and against. It has been introduced into the I am thankful of the comments sur- the environment. It conforms with the Great Lakes and can be found by the rounding this dialogue, and I urge my standards set by the International thousands throughout the lakes. They colleagues to vote in favor of the rule Maritime Organization and the EPA’s attach to the hard surfaces so thickly and in favor of the bill authorizing the Science Advisory Board. They have that they clog municipal water sys- Coast Guard during this time. found that the standard set in the bill tems and electric generation plants, 0930 is the best currently achievable stand- costing over $1 billion a year to con- b ard. Should a higher standard become trol. Ms. SLAUGHTER. I continue to re- achievable due to technological im- States know all too well of the dan- serve the balance of my time. provements, this legislation allows gerous threat of invasive species and Mr. WEBSTER. Mr. Speaker, I yield 2 States to petition for an improved na- are taking commonsense action; but minutes to the gentleman from New tionwide standard. Further, the bill al- today’s bill destroys the effective work Jersey (Mr. LOBIONDO). lows for a review of the performance by taking away the right of the States Mr. LOBIONDO. I thank the gen- standard no later than January 1, 2016, to have control. We must allow States tleman for yielding. and a new review can be ordered upon to have an equal voice in protecting Mr. Speaker, I rise in very strong petition from the States after that. their ecosystems and economies if we support of the rule which provides for So, once again, Mr. Speaker, I rise in are truly to solve the threat of invasive consideration of H.R. 2838, the Coast support of this rule and the underlying species in our waters. Guard and Maritime Transportation legislation. The Transportation and In- Despite the unique challenges facing Act of 2011. The bill will reauthorize frastructure Committee has worked to each State, the majority is demanding the activities of the Coast Guard provide us with a very good bipartisan that all States follow one set of Fed- through fiscal year 2014. It includes bill, which provides for the ongoing eral requirements. This approach is critical provisions that will give the needs of the Coast Guard and the im- completely different from the one Coast Guard, its servicemembers, and portant missions that they carry out taken by the congressional Repub- dependents greater parity—something on a daily basis. licans when debating regulations that that is extremely important—with I encourage my colleagues to vote would affect mountaintop mining cor- their counterparts in the Department ‘‘yes’’ on the rule and ‘‘yes’’ on the un- porations, which is taking off the top of Defense. derlying bill, and I reserve the balance of a mountain and throwing it down It includes language which will re- of my time. into a valley, oftentimes clogging up form and improve Coast Guard admin- Ms. SLAUGHTER. Mr. Speaker, I the water supply. istration and, very importantly, will yield myself such time as I may con- Earlier this year, the Republican ma- save taxpayer dollars without impact- sume, and I thank the gentleman for jority passed H.R. 2018, which gave ing the service’s critical missions. The yielding me the customary 30 minutes. power to the States to decide whether bill also amends shipping laws to im- The Republican majority has placed or not they should follow the guide- prove safety and foster job growth the House in a terrible bind this morn- lines set forth by the EPA to regulate throughout the maritime sector. ing. They’ve taken a worthy bill to au- pollution from mountaintop mining; The bill also establishes a uniform thorize the Coast Guard, which enjoys but when it comes to ballast water, national standard for the discharge of broad bipartisan support, and has tied suddenly we think that the Federal ballast water that is based on the most it together with an unwise, unrelated, Government and not the States must recent effective technology that is cur- misguided bill that will severely limit have the final say. rently available. The standard also the ability of States to fight the harm- This inconsistency and, obviously, must be updated on a regular basis as ful invasive species that are destroying this war against the EPA is causing technology improves. Under current local ecosystems and disrupting local great consternation in the country. law, the Coast Guard and EPA regulate economies. The only consistent logic in their ap- ballast water, while every State and In the majority’s Pledge to America, proach is that, in both instances, they tribe is allowed to add their own re- leaders of the House promised ‘‘we will are advocating the interests of the re- quirements to these regulations. As a advance major legislation one issue at spective industries, not the interests of result, ships engaged in interstate and a time.’’ This pledge is broken yet the American people. international commerce must comply again today by this bill we are debat- I urge my colleagues to oppose to- with two Federal standards and 29 dif- ing. day’s rule and the underlying bill, and ferent State and tribal standards for Ship-borne ballast discharge has in- I reserve the balance of my time. water ballast release, many of which troduced approximately 180 nonindige- Mr. WEBSTER. Mr. Speaker, I yield 3 are contradictory and technologically nous invasive species to the Great minutes to the gentleman from North unachievable. It’s an impossible regu- Lakes, lakes which comprise 20 percent Carolina (Mr. COBLE). latory nightmare that threatens jobs of the freshwater on this planet. As Mr. COBLE. I thank the gentleman and the economy. long as I have been privileged to serve from Florida for yielding. Mr. Speaker, I would like to insert in Congress, Members on both sides of Mr. Speaker, pardon my immodesty, into the RECORD a letter of support the aisle have vigorously protected but as the only Member of the United signed by 28 organizations representing these waters. In fact, during the debate States Congress who is also a Coast the U.S. flag industry, our ports, farm- on NAFTA, we discovered, along with Guardsman, I can speak with some ers, steel manufacturers, the largest our Canadian friends, that the Great credibility regarding the Coast Guard. maritime unions in the country, and Lakes water was to be sold in other It is my belief that the American tax- others. trade agreements to other parts of the payer has more bang for his buck from I urge all Members to support the country that had shortages of water. the United States Coast Guard than rule and the underlying bill.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7339 SEPTEMBER 22, 2011. Timothy A. Brown, President, International erans, such as Garrett Bess, a member Hon. JOHN MICA, Organization of Masters, Mates & Pilots; Jo- of my own staff here in Washington, Chairman, Committee on Transportation and seph J. Angelo, Managing Director, D.C. Partisanship has no place in pro- Infrastructure, House of Representatives, INTERTANKO. viding the resources necessary for Washington, DC. James H.I. Weakley, President, Lake Car- Hon. FRANK LOBIONDO, riers’ Association; C. James Patti, President, those brave men and women in uniform Chairman, Subcommittee on Coast Guard and Maritime Institute for Research and Indus- to do what they do best, keep us safe. Maritime Transportation, House of Rep- trial Development (MIRAID); Joseph C. Therefore, I ask my colleagues to join resentatives, Washington, DC. Curto, President, New York Shipping Asso- me in voting in favor of the rule and Hon. BOB GIBBS, ciation; John R. Groundwater, Executive Di- passage of the underlying bill. Chairman, Subcommittee on Water Resources rector, Passenger Vessel Association; Thom- The material previously referred to and Environment, House of Representatives, as Danjczek, President, Steel Manufacturers by Ms. SLAUGHTER is as follows: Washington, DC. Association; Richard H. Hobbie III, President AN AMENDMENT TO H. RES. 455 OFFERED BY MS. Hon. NICK RAHALL, & CEO, Water Quality Insurance Syndicate. SLAUGHTER OF NEW YORK Ranking Member, Committee on Transportation Christopher L. Koch, President & CEO, and Infrastructure, House of Representa- World Shipping Council; Mike Jewell, Presi- At the end of the resolution, add the fol- tives, Washington, DC. dent, Marine Engineers’ Beneficial Associa- lowing new sections: SEC. 6. Notwithstanding any other provi- Hon. RICK LARSEN, tion; Kendell W. Keith, President, National sions of this resolution, the amendment Ranking Member, Subcommittee on Coast Guard Grain and Feed Association; Jim Adams, printed in section 7 shall be in order as and Maritime Transportation, House of President/CEO, Offshore Marine Services As- though printed after the amendment num- Representatives, Washington, DC. sociation; Mike Sacco, President, Seafarers bered 18 in the report of the Committee on Hon. TIM BISHOP, International Union; James L. Henry, Chair- Rules if offered by Representative Kissell of Subcommittee on Water Resources and Environ- man and President, Transportation Insti- North Carolina or his designee. That amend- ment, House of Representatives, Wash- tute; and Catherine Reheis-Boyd, President, ment shall be debatable for 10 minutes equal- ington, DC. Western States Petroleum Association. ly divided and controlled by the proponent DEAR MESSRS. CHAIRMEN AND RANKING Mr. WEBSTER. Mr. Speaker, I advise and an opponent. MEMBERS: The undersigned organizations the gentlelady from New York that I SEC. 7. The amendment referred to in sec- represent U.S. and international vessel own- am prepared to close. tion 6 is as follows: ers and operators, industries that rely on Ms. SLAUGHTER. As am I; so I will Page 56, after line 3, insert the following marine vessels to transport essential cargoes (and conform the table of contents accord- in domestic and international commerce, close. ingly): and labor unions representing the men and Mr. Speaker, if we defeat the pre- women whose work keeps this vital segment vious question, I will offer an amend- SEC. 612. BUY AMERICAN REQUIREMENT. (a) IN GENERAL.—Subchapter I of chapter of our economy moving. We write to express ment to the rule to make in order an 15 of title 14, United States Code, is further our strong support for H.R. 2840, the Com- amendment by Mr. KISSELL of North amended by adding at the end the following: mercial Vessel Discharges Reform Act of Carolina which would prohibit the ‘‘§ 569c. Buy American requirement 2011, which will provide a uniform federal Coast Guard from procuring items clas- framework for the regulation of ballast ‘‘(a) REQUIREMENT.—Except as provided in water and other vessel discharges. sified as textiles and apparel that are subsections (c), (d), (e), and (i), the Secretary Legislation to establish a consistent, prac- not grown, reprocessed, reused, or pro- may not procure for the Coast Guard an item tical, and science-based national program for duced in the United States. Repub- described in subsection (b) if the item is not the management of vessel discharges is ur- licans blocked this germane amend- grown, reprocessed, reused, or produced in gently needed. The current statutory system ment last night in the Rules Com- the United States. is a confusing, duplicative, and inconsistent mittee. ‘‘(b) COVERED ITEMS.— patchwork in which two federal agencies (the Mr. Speaker, I ask unanimous con- ‘‘(1) IN GENERAL.—An item referred to in Coast Guard and EPA) and more than two subsection (a) is any item described in para- dozen states regulate the same vessel dis- sent to insert the text of the amend- graph (2), if the item is directly related to charges in overlapping and sometimes con- ment in the RECORD along with extra- the national security interests of the United tradictory ways. The absence of a clear and neous material immediately prior to States. effective federal framework for regulating the vote on the previous question. ‘‘(2) ITEMS DESCRIBED.—An item described vessel discharges constrains the movement The SPEAKER pro tempore. Is there in this paragraph is any article or item of— of essential maritime commerce, jeopardizes objection to the request of the gentle- ‘‘(A) clothing and the materials and com- American jobs, multiplies regulatory bur- woman from New York? ponents thereof, other than sensors, elec- dens on businesses and workers, puts the en- There was no objection. tronics, or other items added to, and not nor- vironment at risk and forces American tax- Ms. SLAUGHTER. Mr. Speaker, I mally associated with, clothing (and the ma- payers to foot the bill for duplicative and urge my colleagues to vote ‘‘no’’ and terials and components thereof); contradictory government programs. ‘‘(B) tents, tarpaulins, or covers; H.R. 2840 will fix this untenable situation defeat the previous question so we can ‘‘(C) cotton and other natural fiber prod- and establish a clear and consistent frame- help the American workers, and I urge ucts, woven silk or woven silk blends, spun work for the regulation of vessel discharges a ‘‘no’’ vote on the rule. silk yarn for cartridge cloth, synthetic fabric that protects the economy and the environ- I yield back the balance of my time. or coated synthetic fabric (including all tex- ment. We respectfully urge its prompt pas- Mr. WEBSTER. Mr. Speaker, this tile fibers and yarns that are for use in such sage. Thank you again for your leadership on rule provides for ample and open de- fabrics), canvas products, or wool (whether this important issue. bate, allowing our colleagues from in the form of fiber or yarn or contained in Sincerely, fabrics, materials, or manufactured articles); Thomas A. Allegretti, President & CEO, across the aisle the opportunity to offer their legislative proposals to this or The American Waterways Operators; Captain ‘‘(D) any item of individual equipment Lee A. Kincaid, President, American Mari- bill. manufactured from or containing such fi- time Congress; Brenda Otterson, Legislative This bill provides a single uniform, bers, yarns, fabrics, or materials. Consultant, American Maritime Officers nationwide standard for how commer- ‘‘(c) AVAILABILITY EXCEPTION.—Subsection Service; Joseph J. Cox, President & CEO, cial vessels discharge ballast water, a (a) does not apply to the extent that the Sec- Chamber of Shipping of America; Barry standard that protects American jobs retary determines that satisfactory quality Holliday, Executive Director, Dredging Con- by encouraging the efficient flow of and sufficient quantity of any such article or tractors of America; Harold Daggett, Presi- goods in and out of our ports while also item described in subsection (b) grown, re- dent, International Longshoremen’s Associa- protecting our unique water bodies. processed, reused, or produced in the United tion; R. Andrew Riester, Executive Vice States cannot be procured as and when need- President, International Propeller Club of More importantly, the bill provides the ed. the United States. service men and women of the United ‘‘(d) EXCEPTION FOR CERTAIN PROCURE- Kurt Nagle, President & CEO, American States Coast Guard the funding they MENTS OUTSIDE THE UNITED STATES.—Sub- Association of Port Authorities; Thomas need to fulfill their critical missions: section (a) does not apply to the following: Bethel, National President, American Mari- keeping our borders secure, preventing ‘‘(1) Procurements by vessels in foreign wa- time Officers; Robin Rorick, Director of Ma- drugs from infiltrating our commu- ters. rine and Security Operations, American Pe- nities, and safeguarding our men and ‘‘(2) Emergency procurements. troleum Institute; Christine Duffy, President ‘‘(e) EXCEPTION FOR SMALL PURCHASES.— & CEO, Cruise Lines International Associa- women. Subsection (a) does not apply to purchases tion; Brian T. Petty, Executive Vice Presi- Service men and women in the Coast for amounts not greater than the simplified dent-Government Affairs, International As- Guard deserve our gratitude and sup- acquisition threshold (as defined in section sociation of Drilling Contractors; Captain port. This includes Coast Guard vet- 2302 of title 10, United States Code).

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7340 CONGRESSIONAL RECORD — HOUSE November 4, 2011 ‘‘(f) GEOGRAPHIC COVERAGE.—In this sec- yield to him for an amendment, is entitled to tempore (Mr. SIMPSON) at 10 o’clock tion, the term ‘United States’ includes each the first recognition.’’ and 15 minutes a.m. of the several States, the District of Colum- Because the vote today may look bad for bia, and each territory or possession of the the Republican majority they will say ‘‘the f United States. vote on the previous question is simply a PROVIDING FOR CONSIDERATION ‘‘(g) NOTIFICATION REQUIRED WITHIN 7 DAYS vote on whether to proceed to an immediate AFTER CONTRACT AWARD IF CERTAIN EXCEP- vote on adopting the resolution . . . [and] OF H.R. 2838, COAST GUARD AND TIONS APPLIED.—In the case of any contract has no substantive legislative or policy im- MARITIME TRANSPORTATION for the procurement of an item described in plications whatsoever.’’ But that is not what ACT OF 2011 subsection (b), if the Secretary applies an ex- they have always said. Listen to the Repub- The SPEAKER pro tempore. The un- ception set forth in subsection (c) with re- lican Leadership Manual on the Legislative finished business is the vote on order- spect to that contract, the Secretary shall, Process in the United States House of Rep- not later than 7 days after the award of the resentatives, (6th edition, page 135). Here’s ing the previous question on the reso- contract, post a notification that the excep- how the Republicans describe the previous lution (H. Res. 455) providing for con- tion has been applied. question vote in their own manual: ‘‘Al- sideration of the bill (H.R. 2838) to au- ‘‘(h) TRAINING.— though it is generally not possible to amend thorize appropriations for the Coast ‘‘(1) IN GENERAL.—The Secretary shall en- the rule because the majority Member con- Guard for fiscal years 2012 through 2015, sure that each member of the acquisition trolling the time will not yield for the pur- and for other purposes, on which the workforce of the Coast Guard who partici- pose of offering an amendment, the same re- yeas and nays were ordered. pates personally and substantially in the ac- sult may be achieved by voting down the pre- The Clerk read the title of the resolu- quisition of textiles on a regular basis re- vious question on the rule. . . . When the ceives training on the requirements of this motion for the previous question is defeated, tion. section and the regulations implementing control of the time passes to the Member The SPEAKER pro tempore. The this section. who led the opposition to ordering the pre- question is on ordering the previous ‘‘(2) INCLUSION OF INFORMATION IN NEW vious question. That Member, because he question. TRAINING PROGRAMS.—The Secretary shall then controls the time, may offer an amend- Pursuant to clause 9 of rule XX, the ensure that any training program for the ac- ment to the rule, or yield for the purpose of Chair will reduce to 5 minutes the min- quisition workforce of the Coast Guard de- amendment.’’ imum time for any electronic vote on veloped or implemented after the date of en- In Deschler’s Procedure in the U.S. House actment of this section includes comprehen- of Representatives, the subchapter titled the question of passage. sive information on the requirements de- ‘‘Amending Special Rules’’ states: ‘‘a refusal The vote was taken by electronic de- scribed in paragraph (1). to order the previous question on such a rule vice, and there were—yeas 234, nays ‘‘(i) CONSISTENCY WITH INTERNATIONAL [a special rule reported from the Committee 177, not voting 22, as follows: AGREEMENTS.—This section shall be applied on Rules] opens the resolution to amend- [Roll No. 829] in a manner consistent with United States ment and further debate.’’ (Chapter 21, sec- YEAS—234 obligations under international agree- tion 21.2) Section 21.3 continues: ‘‘Upon re- ments.’’. jection of the motion for the previous ques- Adams Farenthold Kline (b) CLERICAL AMENDMENT.—The analysis at tion on a resolution reported from the Com- Aderholt Fincher Labrador Akin Fitzpatrick Lamborn the beginning of such chapter is further mittee on Rules, control shifts to the Mem- amended by adding at the end of the items Alexander Flake Lance ber leading the opposition to the previous Amash Fleischmann Landry relating to such subchapter the following: question, who may offer a proper amendment Amodei Fleming Lankford ‘‘569c. Buy American requirement.’’. or motion and who controls the time for de- Bachus Flores Latham (c) EFFECTIVE DATE.—Section 569c of title bate thereon.’’ Barletta Forbes LaTourette 14, United States Code, as added by sub- Clearly, the vote on the previous question Bartlett Fortenberry Latta on a rule does have substantive policy impli- Barton (TX) Foxx LoBiondo section (a), shall apply with respect to con- Bass (NH) Franks (AZ) Long tracts entered into on and after the date that cations. It is one of the only available tools Berg Frelinghuysen Lucas is 180 days after the date of enactment of for those who oppose the Republican major- Biggert Gallegly Luetkemeyer this Act. ity’s agenda and allows those with alter- Bilbray Gardner Lummis native views the opportunity to offer an al- Bilirakis Garrett Lungren, Daniel (The information contained herein was ternative plan. Bishop (UT) Gerlach E. Black Gibbs Mack provided by the Republican Minority on mul- Mr. WEBSTER. Mr. Speaker, I yield tiple occasions throughout the 110th and Blackburn Gibson Manzullo back the balance of my time, and I Bonner Gingrey (GA) Marchant 111th Congresses.) move the previous question on the res- Bono Mack Gohmert Marino THE VOTE ON THE PREVIOUS QUESTION: WHAT olution. Boustany Goodlatte Matheson IT REALLY MEANS Brady (TX) Gosar McCarthy (CA) The SPEAKER pro tempore. The This vote, the vote on whether to order the Brooks Gowdy McCaul Broun (GA) Granger McClintock previous question on a special rule, is not question is on ordering the previous question. Buchanan Graves (GA) McCotter merely a procedural vote. A vote against or- Bucshon Graves (MO) McHenry dering the previous question is a vote The question was taken; and the Buerkle Griffin (AR) McKeon against the Republican majority agenda and Speaker pro tempore announced that Burgess Griffith (VA) McKinley a vote to allow the opposition, at least for the ayes appeared to have it. Calvert Grimm McMorris the moment, to offer an alternative plan. It Ms. SLAUGHTER. Mr. Speaker, on Camp Guinta Rodgers is a vote about what the House should be de- Campbell Guthrie Meehan that I demand the yeas and nays. Canseco Hall Mica bating. The yeas and nays were ordered. Cantor Hanna Miller (FL) Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- Capito Harper Miller (MI) House of Representatives (VI, 308–311), de- Carter Harris Miller, Gary scribes the vote on the previous question on ant to clause 8 of rule XX, further pro- Cassidy Hartzler Mulvaney the rule as ‘‘a motion to direct or control the ceedings on this question will be post- Chabot Hastings (WA) Murphy (PA) consideration of the subject before the House poned. Chaffetz Hayworth Myrick being made by the Member in charge.’’ To Coble Heck Neugebauer f Coffman (CO) Hensarling Noem defeat the previous question is to give the RECESS Cole Herger Nugent opposition a chance to decide the subject be- Conaway Herrera Beutler Nunes fore the House. Cannon cites the Speaker’s The SPEAKER pro tempore. Pursu- Cravaack Huelskamp Nunnelee ruling of January 13, 1920, to the effect that ant to clause 12(a) of rule I, the Chair Crawford Huizenga (MI) Olson Crenshaw Hultgren Palazzo ‘‘the refusal of the House to sustain the de- declares the House in recess subject to mand for the previous question passes the Culberson Hunter Paulsen control of the resolution to the opposition’’ the call of the Chair. Davis (KY) Hurt Pearce Accordingly (at 9 o’clock and 35 min- Denham Jenkins Pence in order to offer an amendment. On March Dent Johnson (IL) Petri 15, 1909, a member of the majority party of- utes a.m.), the House stood in recess DesJarlais Johnson (OH) Pitts fered a rule resolution. The House defeated subject to the call of the Chair. Diaz-Balart Johnson, Sam Platts the previous question and a member of the f Dold Jones Poe (TX) opposition rose to a parliamentary inquiry, Dreier Jordan Pompeo asking who was entitled to recognition. b 1015 Duffy Kelly Posey Speaker Joseph G. Cannon (R–Illinois) said: Duncan (SC) King (IA) Price (GA) AFTER RECESS Duncan (TN) King (NY) Quayle ‘‘The previous question having been refused, Ellmers Kingston Reed the gentleman from New York, Mr. Fitz- The recess having expired, the House Emerson Kinzinger (IL) Rehberg gerald, who had asked the gentleman to was called to order by the Speaker pro

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7341 Reichert Schock Tipton Mr. MULVANEY changed his vote Roskam Smith (NE) Walden Renacci Schweikert Turner (NY) from ‘‘nay’’ to ‘‘yea.’’ Ross (AR) Smith (NJ) Walsh (IL) Ribble Scott (SC) Turner (OH) Royce Smith (TX) Webster Rigell Scott, Austin Upton So the previous question was ordered. Runyan Southerland West Rivera Sensenbrenner Walberg The result of the vote was announced Ryan (WI) Stearns Westmoreland Roby Sessions Walden Scalise Stivers Whitfield Roe (TN) Shimkus as above recorded. Schilling Stutzman Walsh (IL) Stated against: Wilson (SC) Rogers (AL) Shuster Webster Schmidt Sullivan Wittman Rogers (KY) Simpson Schock Terry West Mr. FILNER. Mr. Speaker, on rollcall 829, I Wolf Rogers (MI) Smith (NE) Schweikert Thompson (PA) Westmoreland Womack Rohrabacher Smith (NJ) was away from the Capitol due to prior com- Scott (SC) Thornberry Whitfield Woodall Rokita Smith (TX) mitments to my constituents. Had I been Scott, Austin Tiberi Rooney Southerland Wilson (SC) present, I would have voted ‘‘nay.’’ Sensenbrenner Tipton Yoder Wittman Young (AK) Ros-Lehtinen Stearns The SPEAKER pro tempore. The Sessions Turner (NY) Roskam Stivers Wolf Shimkus Turner (OH) Young (FL) Royce Stutzman Womack question is on the resolution. Shuster Upton Young (IN) Runyan Sullivan Woodall The question was taken; and the Simpson Walberg Ryan (WI) Terry Yoder Speaker pro tempore announced that Scalise Thompson (PA) Young (AK) NAYS—166 Schilling Thornberry Young (FL) the ayes appeared to have it. Ackerman Gonzalez Olver Schmidt Tiberi Young (IN) Ms. SLAUGHTER. Mr. Speaker, on Altmire Green, Al Pallone NAYS—177 that I demand the yeas and nays. Andrews Green, Gene Pascrell Baca Grijalva Pastor (AZ) Ackerman Fudge Napolitano The yeas and nays were ordered. Baldwin Gutierrez Pelosi Altmire Garamendi Neal The SPEAKER pro tempore. This Barrow Hahn Perlmutter Andrews Gonzalez Olver will be a 5-minute vote. Bass (CA) Hanabusa Baca Green, Al Pallone Peters The vote was taken by electronic de- Becerra Hastings (FL) Pingree (ME) Baldwin Green, Gene Pascrell Berkley Himes Barrow Grijalva Pastor (AZ) vice, and there were—yeas 245, nays Polis Berman Hinchey Price (NC) Bass (CA) Gutierrez Pelosi 166, not voting 22, as follows: Bishop (GA) Hinojosa Quigley Becerra Hahn Perlmutter Blumenauer Hirono [Roll No. 830] Rangel Berkley Hanabusa Peters Boswell Hochul Reyes Berman Hastings (FL) Pingree (ME) YEAS—245 Brady (PA) Holt Bishop (GA) Himes Polis Richardson Adams Fitzpatrick Braley (IA) Honda Bishop (NY) Hinchey Price (NC) Lewis (CA) Richmond Aderholt Flake LoBiondo Brown (FL) Hoyer Blumenauer Hinojosa Quigley Rothman (NJ) Akin Fleischmann Long Butterfield Inslee Boren Hirono Rahall Roybal-Allard Alexander Fleming Lucas Capuano Israel Boswell Hochul Rangel Ryan (OH) Amash Flores Luetkemeyer Carnahan Jackson (IL) Brady (PA) Holden Reyes ´ Amodei Forbes Carney Jackson Lee Sanchez, Linda Braley (IA) Holt Richardson Lummis Bachus Fortenberry Carson (IN) (TX) T. Brown (FL) Honda Richmond Lungren, Daniel Barletta Foxx Castor (FL) Johnson (GA) Sarbanes Butterfield Hoyer Ross (AR) E. Bartlett Franks (AZ) Chandler Johnson, E. B. Schakowsky Capuano Inslee Rothman (NJ) Mack Barton (TX) Frelinghuysen Chu Kaptur Schiff Carnahan Israel Roybal-Allard Manzullo Bass (NH) Gallegly Cicilline Keating Schrader Carney Jackson (IL) Ryan (OH) Marchant Benishek Gardner Clarke (MI) Kildee Schwartz Carson (IN) Jackson Lee Sa´ nchez, Linda Marino Berg Garrett Clarke (NY) Kind Scott (VA) Castor (FL) (TX) T. Matheson Biggert Gerlach Clay Kucinich Scott, David Chandler Johnson (GA) Sarbanes McCarthy (CA) Bilbray Gibbs Cleaver Langevin Serrano Chu Johnson, E. B. Schakowsky McCaul Bilirakis Gibson Clyburn Larsen (WA) Sewell Cicilline Kaptur Schiff McClintock Bishop (NY) Gingrey (GA) Cohen Larson (CT) Clarke (MI) Keating Schrader McCotter Sherman Bishop (UT) Gohmert Connolly (VA) Lee (CA) Clarke (NY) Kildee Schwartz McHenry Shuler Black Goodlatte Conyers Levin Clay Kind Scott (VA) McKeon Sires Blackburn Gosar Costello Lewis (GA) Cleaver Kissell Scott, David McKinley Slaughter Bonner Gowdy Courtney Lipinski Clyburn Kucinich Serrano McMorris Speier Bono Mack Granger Critz Loebsack Cohen Langevin Sewell Rodgers Stark Boren Graves (GA) Crowley Lofgren, Zoe Connolly (VA) Larsen (WA) Sherman Meehan Sutton Boustany Graves (MO) Cuellar Lowey Conyers Larson (CT) Shuler Meeks Thompson (CA) Brady (TX) Griffin (AR) Cummings Luja´ n Cooper Lee (CA) Sires Mica Thompson (MS) Brooks Griffith (VA) Davis (CA) Lynch Costa Levin Slaughter Miller (FL) Tierney Broun (GA) Grimm DeFazio Maloney Costello Lewis (GA) Smith (WA) Miller (MI) Tonko Buchanan Guinta Miller, Gary DeGette Markey Courtney Lipinski Speier Towns Bucshon Guthrie Mulvaney DeLauro Matsui Critz Loebsack Stark Tsongas Buerkle Hall Murphy (PA) Deutch McCarthy (NY) Crowley Lofgren, Zoe Sutton Van Hollen Burgess Hanna Myrick Dicks McCollum Cuellar Lowey Thompson (CA) Vela´ zquez Calvert Harper Dingell McDermott Cummings Luja´ n Thompson (MS) Neugebauer Camp Hartzler Doggett McGovern Visclosky Davis (CA) Lynch Tierney Noem Campbell Hastings (WA) Doyle McIntyre Walz (MN) DeFazio Maloney Tonko Nugent Canseco Hayworth Edwards McNerney Wasserman DeGette Markey Towns Nunes Cantor Heck Ellison Michaud Schultz DeLauro Matsui Tsongas Nunnelee Capito Hensarling Engel Miller (NC) Waters Deutch McCarthy (NY) Van Hollen Olson Carter Herger Eshoo Miller, George Watt Dicks McCollum Vela´ zquez Palazzo Cassidy Herrera Beutler Farr Moore Waxman Dingell McDermott Visclosky Paulsen Chabot Holden Fattah Moran Welch Doggett McGovern Walz (MN) Pearce Chaffetz Huelskamp Frank (MA) Nadler Wilson (FL) Donnelly (IN) McIntyre Wasserman Pence Coble Huizenga (MI) Fudge Napolitano Woolsey Doyle McNerney Schultz Petri Coffman (CO) Hultgren Garamendi Neal Yarmuth Edwards Meeks Waters Pitts Cole Hunter Ellison Michaud Watt Platts Conaway Hurt NOT VOTING—22 Engel Miller (NC) Waxman Poe (TX) Cooper Jenkins Eshoo Miller, George Welch Pompeo Austria Harris Peterson Costa Johnson (IL) Farr Moore Wilson (FL) Posey Bachmann Heinrich Ross (FL) Cravaack Johnson (OH) Price (GA) Fattah Moran Woolsey Burton (IN) Higgins Ruppersberger Crawford Johnson, Sam Quayle Frank (MA) Nadler Yarmuth Capps Issa Rush Crenshaw Jones Rahall Cardoza Murphy (CT) Sanchez, Loretta NOT VOTING—22 Culberson Jordan Reed Davis (IL) Owens Davis (KY) Kelly Rehberg Smith (WA) Austria Giffords Payne Filner Paul Denham King (IA) Reichert Bachmann Heinrich Giffords Payne Peterson Dent King (NY) Renacci Benishek Higgins Ross (FL) DesJarlais Kingston Ribble Burton (IN) Issa Ruppersberger Diaz-Balart Kinzinger (IL) Rigell Capps Lewis (CA) b 1057 Rush Dold Kissell Rivera Cardoza Murphy (CT) Sanchez, Loretta Donnelly (IN) Kline Roby Davis (IL) Owens So the resolution was agreed to. Dreier Labrador Roe (TN) Filner Paul Duffy Lamborn Rogers (AL) The result of the vote was announced Duncan (SC) Lance Rogers (KY) as above recorded. b 1048 Duncan (TN) Landry Rogers (MI) Messrs. DEFAZIO, SHULER, and AL Ellmers Lankford Rohrabacher A motion to reconsider was laid on Emerson Latham Rokita the table. GREEN of Texas changed their vote Farenthold LaTourette Rooney from ‘‘yea’’ to ‘‘nay.’’ Fincher Latta Ros-Lehtinen Stated for:

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7342 CONGRESSIONAL RECORD — HOUSE November 4, 2011 Mr. FILNER. Mr. Speaker, on rollcall 830, I (A) positioning a competing vessel on the term is defined in section 3(13) of the Deep- was away from the Capitol due to prior com- race course; water Port Act of 1974 (33 U.S.C. 1502(13)). mitments to my constituents. Had I been (B) transporting equipment and supplies (3) TERMINATION OF EFFECTIVENESS OF EN- utilized for the staging, operations, or broad- DORSEMENTS.—The coastwise endorsement present, I would have voted ‘‘nay.’’ cast of the competition; or issued under paragraph (1) for a vessel shall f (C) transporting individuals who— expire on the date of the sale of the vessel by REMOVAL OF NAME OF MEMBER (i) have not purchased tickets or directly the owner of the vessel on the date of enact- AS COSPONSOR OF H.R. 1380 paid for their passage; and ment of this Act to a person who is not re- (ii) who are engaged in the staging, oper- lated by ownership or control to such owner. Mr. MURPHY of Pennsylvania. Mr. ations, or broadcast of the competition, race (c) OPERATION OF A DRY DOCK.—A vessel Speaker, I ask unanimous consent to team personnel, members of the media, or transported in Dry Dock #2 (State of Alaska remove my name as a cosponsor of H.R. event sponsors. registration AIDEA FDD–2) is not merchan- 1380. SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. dise for purposes of section 55102 of title 46, United States Code, if, during such transpor- The SPEAKER pro tempore. Is there Notwithstanding sections 55102, 55103, and 55111 of title 46, United States Code, an eligi- tation, Dry Dock #2 remains connected by a objection to the request of the gen- utility or other connecting line to pierside tleman from Pennsylvania? ble vessel, operating only in preparation for, or in connection with, the 34th America’s moorage. There was no objection. Cup competition, may position competing The SPEAKER pro tempore. Pursu- f vessels and may transport individuals and ant to the rule, the gentleman from AMERICA’S CUP ACT OF 2011 equipment and supplies utilized for the stag- New Jersey (Mr. LOBIONDO) and the ing, operations, or broadcast of the competi- gentleman from Washington (Mr. Mr. LOBIONDO. Mr. Speaker, I move tion from and around the ports in the United LARSEN) each will control 20 minutes. to suspend the rules and pass the bill States. The Chair recognizes the gentleman (H.R. 3321) to facilitate the hosting in SEC. 4. CERTIFICATION. from New Jersey. the United States of the 34th America’s (a) REQUIREMENT.—A vessel may not oper- GENERAL LEAVE ate under section 3 unless the vessel has re- Cup by authorizing certain eligible ves- Mr. LOBIONDO. Mr. Speaker, I ask ceived an Eligibility Certification. sels to participate in activities related unanimous consent that all Members (b) ISSUANCE.—The Administrator of the to the competition, and for other pur- may have 5 legislative days in which to poses. Maritime Administration of the Department of Transportation is authorized to issue an revise and extend their remarks and in- The Clerk read the title of the bill. Eligibility Certification with respect to any clude extraneous material on H.R. 3321. The text of the bill is as follows: vessel that the Administrator determines, in The SPEAKER pro tempore. Is there H.R. 3321 his or her sole discretion, meets the require- objection to the request of the gen- Be it enacted by the Senate and House of Rep- ments set forth in section 2(4). tleman from New Jersey? resentatives of the United States of America in SEC. 5. ENFORCEMENT. There was no objection. Congress assembled, Notwithstanding sections 55102, 55103, and Mr. LOBIONDO. Mr. Speaker, I yield SECTION 1. SHORT TITLE. 55111 of title 46, United States Code, an Eligi- myself such time as I may consume. This Act may be cited as the ‘‘America’s bility Certification shall be conclusive evi- H.R. 3321 provides a limited waiver of Cup Act of 2011’’. dence to the Secretary of the Department of domestic cabotage laws for vessels par- Homeland Security of the qualification of SEC. 2. DEFINITIONS. ticipating in America’s Cup and related the vessel for which it has been issued to In this Act: races. It also provides waivers of cabo- participate in the 34th America’s Cup as a (1) 34TH AMERICA’S CUP.—The term ‘‘34th competing vessel or a supporting vessel. tage laws for several other vessels and America’s Cup’’— clarifies that vessels carried on a mov- (A) means the sailing competitions, com- SEC. 6. PENALTY. Any vessel participating in the 34th Amer- able dry dock in Alaska are not consid- mencing in 2011, to be held in the United ered merchandise under chapter 551 of States in response to the challenge to the de- ica’s Cup as a competing vessel or supporting fending team from the United States, in ac- vessel that has not received an Eligibility title 46. cordance with the terms of the America’s Certification or is not in compliance with I reserve the balance of my time. Cup governing Deed of Gift, dated October 24, section 12112 of title 46, United States Code, Mr. LARSEN of Washington. Mr. 1887; and shall be subject to the applicable penalties Speaker, I yield myself such time as I (B) if a United States yacht club success- provided in chapters 121 and 551 of title 46, may consume. fully defends the America’s Cup, includes ad- United States Code. I too rise in support of this legisla- ditional sailing competitions conducted by SEC. 7. WAIVERS. tion, which would provide a narrow America’s Cup Race Management during the (a) IN GENERAL.—Notwithstanding sections waiver from the coastwise laws for the 1-year period beginning on the last date of 12112 and 12132 and chapter 551 of title 46, vessels competing or supporting the such defense. United States Code, the Secretary of the de- upcoming America’s Cup finals to be (2) AMERICA’S CUP RACE MANAGEMENT.—The partment in which the Coast Guard is oper- term ‘‘America’s Cup Race Management’’ ating may issue a certificate of documenta- held in 2013. means the entity established to provide for tion with a coastwise endorsement for each The America’s Cup, the world’s pre- independent, professional, and neutral race of the following vessels: mier international sailing competition, management of the America’s Cup sailing (1) M/V GEYSIR (United States official will be held in San Francisco Bay by competitions. number 622178). virtue of the United States’ successful (3) ELIGIBILITY CERTIFICATION.—The term (2) MACY–RENEE (United States official challenge to reclaim the cup last year. ‘‘Eligibility Certification’’ means a certifi- number 1107319). This legislation is necessary to ensure cation issued under section 4. (3) OCEAN VERITAS (IMO number 7366805). that the competition can go forward in (4) ELIGIBLE VESSEL.—The term ‘‘eligible (4) LUNA (United States official number an expeditious manner for all competi- vessel’’ means a competing vessel or sup- 280133). porting vessel of any registry that— (5) IL MORO DI VENEZIA IV (United tors. (A) is recognized by America’s Cup Race States official number 1028654). The legislation also includes several Management as an official competing vessel, (b) DOCUMENTATION OF LNG TANKERS.— other vessel waivers that are included or supporting vessel of, the 34th America’s (1) IN GENERAL.—Notwithstanding sections in H.R. 2828, which were cleared by the Cup, as evidenced in writing to the Adminis- 12112 and 12132 and chapter 551 of title 46, Committee on Transportation and In- trator of the Maritime Administration of the United States Code, the Secretary of the de- frastructure in September. Department of Transportation; partment in which the Coast Guard is oper- I appreciate as well that my request (B) transports not more than 25 individ- ating may issue a certificate of documenta- to waive the coastwise laws for the uals, in addition to the crew; tion with a coastwise endorsement for each maritime education vessel, LUNA, has (C) is not a ferry (as defined under section of the following vessels: been included in this bill, as well as in 2101(10b) of title 46, United States Code); (A) LNG GEMINI (United States official (D) does not transport individuals in point- number 595752). the Coast Guard bill, and support pas- to-point service for hire; and (B) LNG LEO (United States official num- sage of this legislation. (E) does not transport merchandise be- ber 595753). I reserve the balance of my time. tween ports in the United States. (C) LNG VIRGO (United States official b 1100 (5) SUPPORTING VESSEL.—The term ‘‘sup- number 595755). porting vessel’’ means a vessel that is oper- (2) LIMITATION ON OPERATION.—Coastwise Mr. LOBIONDO. I yield such time as ating in support of the 34th America’s Cup trade authorized under paragraph (1) shall be he may consume to the gentleman by— limited to carriage of natural gas, as that from Pennsylvania (Mr. MEEHAN).

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7343 Mr. MEEHAN. Mr. Speaker, I rise in Cup Act of 2011. This legislation will allow offi- Hartzler McCaul Sa´ nchez, Linda Hastings (FL) McClintock T. support of H.R. 3321. cially competing and support vessels of the Hastings (WA) McCollum Sarbanes While it may be identified as the America’s Cup to have a waiver from the Mer- Hayworth McCotter Scalise America’s Cup Act, and the reasons be- chant Marine Act of 1920. Heck McDermott Schakowsky hind it having been clearly articulated Since 1851 the America’s Cup has been Hensarling McGovern Schiff Herger McHenry Schilling by our good friends across the aisle, I one of the sporting world’s premier events. Herrera Beutler McIntyre Schmidt want to drive home, as well, the fact Taking place this year in my home state of Hinchey McKeon Schock that there are some additional issues California, the America’s Cup will generate an Hinojosa McMorris Schrader that will be served by the passage of estimated $1.2 billion in economic activity and Hirono Rodgers Schwartz Hochul McNerney Schweikert this bill. And what it relates to is a create 8,000 jobs, activity and employment Holden Meehan Scott (SC) genuine opportunity today for people that California sorely needs. Holt Meeks Scott (VA) from both sides of the aisle to support Unfortunately, I was unavoidably detained Honda Mica Scott, Austin the creation of genuine, blue-collar Hoyer Michaud Scott, David during the floor vote on this bill and was un- Huelskamp Miller (FL) Sensenbrenner jobs immediately. able to cast my official vote in support of the Huizenga (MI) Miller (MI) Serrano Mr. Speaker, what this bill will do is measure. If I were present at the time of the Hultgren Miller (NC) Sessions allow for a simple process to take Hunter Miller, Gary Sewell vote, I would have proudly cast an ‘‘aye’’ vote Hurt Miller, George place. In my own district of south- Sherman to provide race participants the waiver they Inslee Moore Shimkus eastern Pennsylvania, which is adja- need to further the excitement, pageantry and Israel Moran Shuler cent to the Delaware River, we have traditions of the America’s Cup. Jackson (IL) Mulvaney Shuster Jackson Lee Murphy (PA) Simpson the opportunity to re-flag three ves- The SPEAKER pro tempore (Mr. (TX) Myrick sels. What that means is three vessels Sires WOMACK). The question is on the mo- Jenkins Nadler Slaughter that were built here in the United tion offered by the gentleman from Johnson (GA) Napolitano Smith (NE) States, and that because of their serv- Johnson (IL) Neal Smith (NJ) New Jersey (Mr. LOBIONDO) that the Johnson (OH) Neugebauer ice went outside the continent of the House suspend the rules and pass the Smith (TX) Johnson, E. B. Noem Southerland Johnson, Sam Nugent United States for a period of time, bill, H.R. 3321. Speier Jones Nunes must now come back into the United The question was taken. Stearns Jordan Nunnelee Stivers States. In order to do that, they have The SPEAKER pro tempore. In the Kaptur Olson Stutzman to be able to comply with the Jones Keating Olver opinion of the Chair, two-thirds being Sullivan Kelly Palazzo Act. With a simple vote today, we will in the affirmative, the ayes have it. Sutton Kildee Pallone be able to put these three vessels back Terry Mr. LOBIONDO. Mr. Speaker, on that Kind Pascrell Thompson (CA) into service here in the continental I demand the yeas and nays. King (IA) Pastor (AZ) Thompson (MS) United States. King (NY) Paulsen The yeas and nays were ordered. Thompson (PA) But the significance of this, most im- Kingston Pearce The vote was taken by electronic de- Kissell Pelosi Thornberry portantly, Mr. Speaker, in my back- vice, and there were—yeas 387, nays 2, Kline Pence Tiberi yard is the fact that what they will do answered ‘‘present’’ 1, not voting 43, as Kucinich Peters Tierney is create the opportunity for the cre- Labrador Petri Tipton follows: Tonko ation of new jobs that will relate to the Lamborn Pingree (ME) [Roll No. 831] Lance Pitts Towns utilization and transportation of the Tsongas YEAS—387 Landry Poe (TX) gas that is being developed in this Langevin Polis Turner (NY) country, 25 good, blue-collar jobs in my Ackerman Capito Duncan (TN) Lankford Pompeo Turner (OH) Adams Capuano Edwards Larsen (WA) Posey Upton district which will sustain themselves, Aderholt Carnahan Ellison Larson (CT) Price (GA) Van Hollen and close to 300 to 400 construction jobs Akin Carson (IN) Ellmers Latham Price (NC) Vela´ zquez in which people will be put to work as Alexander Cassidy Emerson Latta Quayle Visclosky Altmire Castor (FL) Eshoo soon as possible building the extension Lee (CA) Quigley Walberg Amodei Chabot Farenthold Levin Rahall Walden of a pipeline that will go out into west- Andrews Chaffetz Farr Lewis (CA) Rangel Walsh (IL) ern Pennsylvania. Baca Chandler Fattah Lewis (GA) Rehberg Walz (MN) This is an opportunity for people Bachus Chu Fincher Lipinski Reichert Wasserman Baldwin Cicilline Fitzpatrick from both sides of the aisle to put LoBiondo Renacci Schultz Barletta Clarke (MI) Flake Loebsack Reyes Waters hardworking blue-collar workers back Barrow Clarke (NY) Fleischmann Long Ribble Watt to work almost immediately by help- Bartlett Clay Fleming Lowey Rigell Waxman ing us cure what is a simple, technical Barton (TX) Cleaver Flores Lucas Rivera Webster Bass (CA) Coble Forbes Luetkemeyer Roby Welch issue. I strongly support the passage of Bass (NH) Coffman (CO) Fortenberry Luja´ n Roe (TN) West this important bill because it will help Becerra Cohen Foxx Lummis Rogers (AL) Westmoreland put people back to work. Benishek Cole Frank (MA) Lungren, Daniel Rogers (KY) Whitfield Berg Conaway Franks (AZ) Mr. LOBIONDO. Mr. Speaker, I have E. Rogers (MI) Wilson (FL) Berkley Connolly (VA) Frelinghuysen Lynch Rohrabacher Wilson (SC) no further requests for time and am Berman Conyers Fudge Mack Rokita Wittman prepared to yield back if the gentleman Biggert Cooper Gallegly Maloney Rooney Wolf Bilbray Costa Garamendi Manzullo Ros-Lehtinen Womack from Washington is. Bilirakis Costello Gardner Mr. LARSEN of Washington. Mr. Marchant Ross (AR) Woodall Bishop (NY) Courtney Garrett Marino Rothman (NJ) Woolsey Speaker, I have no further requests for Bishop (UT) Cravaack Gerlach Markey Roybal-Allard Yarmuth time. Black Crawford Gibbs Matheson Royce Yoder In conclusion, let me just say that Blackburn Crenshaw Gibson Matsui Runyan Young (AK) Blumenauer Critz Gingrey (GA) McCarthy (CA) Ryan (OH) Young (FL) the America’s Cup is the oldest com- Bonner Crowley Gohmert McCarthy (NY) Ryan (WI) Young (IN) petitive sailing competition. The U.S. Bono Mack Cuellar Gonzalez held the Cup for over 134 years before Boren Culberson Goodlatte NAYS—2 Boswell Cummings Gosar Braley (IA) Richmond losing to Australia off of Newport, Boustany Davis (CA) Gowdy Rhode Island. We are very proud to Brady (PA) Davis (KY) Graves (GA) ANSWERED ‘‘PRESENT’’—1 Brady (TX) DeFazio Graves (MO) have reclaimed the Cup and look for- Amash ward to defending it in 2013. Brooks DeGette Green, Al Broun (GA) DeLauro Green, Gene NOT VOTING—43 With that, Mr. Speaker, I support the Brown (FL) Dent Griffin (AR) passage of the America’s Cup Act of Buchanan DesJarlais Griffith (VA) Austria Denham Higgins Bachmann Dicks Himes 2011, and I yield back the balance of my Bucshon Deutch Grimm Buerkle Diaz-Balart Guinta Bishop (GA) Dingell Issa time. Burgess Doggett Guthrie Burton (IN) Engel Kinzinger (IL) Mr. LOBIONDO. On to victory for Butterfield Dold Gutierrez Capps Filner LaTourette America. Calvert Donnelly (IN) Hahn Cardoza Giffords Lofgren, Zoe Carney Granger McKinley I yield back the balance of my time. Camp Doyle Hall Campbell Dreier Hanabusa Carter Grijalva Murphy (CT) Mr. DENHAM. Mr. Speaker, I rise today to Canseco Duffy Hanna Clyburn Harris Owens speak in favor of H.R. 3321, the America’s Cantor Duncan (SC) Harper Davis (IL) Heinrich Paul

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7344 CONGRESSIONAL RECORD — HOUSE November 4, 2011 Payne Richardson Sanchez, Loretta bill makes significant steps and oceans, the Great Lakes, and inland Perlmutter Roskam Smith (WA) progress towards aligning the Coast waterways remain safe and efficient; Peterson Ross (FL) Stark Platts Ruppersberger Guard’s authorities with those granted and that our maritime industries con- Reed Rush by DOD. tinue to be vibrant sources of jobs and In addition to the parity issue, the b 1128 economic opportunity for the Amer- bill contains a title intended to reform ican people. Messrs. ROTHMAN of New Jersey, and improve Coast Guard administra- I want to thank Chairman LOBIONDO TIERNEY, and GEORGE MILLER of tion. The Coast Guard does an out- for his leadership in developing this California changed their vote from standing job for our Nation. However, legislation, H.R. 2838, the Coast Guard ‘‘nay’’ to ‘‘yea.’’ in the current budget environment, it and Maritime Transportation Act of Mr. AMASH changed his vote from is important for the Coast Guard to re- 2011, to reauthorize the activities of ‘‘nay’’ to ‘‘present.’’ view the services authorities and to the Coast Guard for fiscal year 2012 So (two-thirds being in the affirma- find ways to improve operations while through fiscal year 2014. tive) the rules were suspended and the reducing costs. I believe this bill will Although I have reservations that bill was passed. do just that. the authorized funding levels in this The result of the vote was announced The bill also amends shipping laws to bill are not sufficient to meet the as above recorded. improve safety and foster job growth many well-documented needs of the A motion to reconsider was laid on throughout the maritime sector and re- Coast Guard, at least this bill provides the table. authorizes the activities of the Federal for roughly level funding for the next 3 Stated for: Maritime Commission through 2015. years. We have had this discussion in Mr. FILNER. Mr. Speaker, on rollcall 831, I Included in the bill is the text of H.R. committee for the last several months was away from the Capitol due to prior com- 2840, the Commercial Vessel Discharge about the Coast Guard, Mr. Chairman, mitments to my constituents. Had I been Reform Act, which will improve cur- people wanting the Coast Guard to do present, I would have voted ‘‘yea.’’ rent regulation of ballast water and more with less. The greatest concern Mr. HIMES. Mr. Speaker, on Friday, Novem- other discharges incidental to the nor- that we have is that as we look at fund- ber 4, 2011, I was unable to be present for mal operation of a vessel. ing for the Coast Guard, we’re begin- rollcall vote 831 on H.R. 3321. Had I been Mr. Chairman, this provision is pret- ning to ask them to do less with less. present, I would have voted ‘‘yea.’’ ty simple. Currently, the Coast Guard And that is going to cause future prob- f and the EPA are making rules and lems for our Coast Guard. have authority to enforce ballast In general, Mr. Chairman, the legisla- COAST GUARD AND MARITIME water. There are currently 29 States tion includes several noncontroversial TRANSPORTATION ACT OF 2011 and tribes that have their own rules, provisions, especially title II, which The SPEAKER pro tempore (Mr. and it is a regulatory nightmare to be addresses issues of disparity in policy KINGSTON). Pursuant to House Resolu- able to do business in. We need one and authority between the Coast Guard tion 455 and rule XVIII, the Chair de- standard operation that reaches the and other armed services. I want to clares the House in the Committee of highest level of technology that is commend the chairman for his com- the Whole House on the state of the available to us. This also allows for us mitment to address this issue. Union for the consideration of the bill, to improve technology, and this is. If There are some provisions in this H.R. 2838. we’re talking about jobs, and we cer- bill, however, which remain problem- tainly are hearing an awful lot about atic, none more so than the provision b 1129 that these days, this is an opportunity that would sequentially decommission IN THE COMMITTEE OF THE WHOLE for us to be able to ensure that mari- the Coast Guard’s two heavy ice- Accordingly, the House resolved time jobs will be able to continue to breakers. The administration has ex- itself into the Committee of the Whole grow. pressed its strong opposition to this House on the state of the Union for the The current system is simply impos- provision in its statement of adminis- consideration of the bill (H.R. 2838) to sible, and it threatens our inter- tration policy. authorize appropriations for the Coast national maritime trade. At some point, we need to construc- Guard for fiscal years 2012 through 2015, This legislation eliminates this ridic- tively engage the Coast Guard in devel- and for other purposes, with Mr. ulous regulatory nightmare and estab- oping a sound, balanced path forward WOMACK in the chair. lishes a single uniform national stand- that realigns our expectations with a The Clerk read the title of the bill. ard. level of performance that we can rea- The CHAIR. Pursuant to the rule, the The EPA, the Coast Guard, the Na- sonably expect the Coast Guard to de- bill is considered read the first time. tional Academy of Sciences, the EPA liver, especially for its icebreakers and The gentleman from New Jersey (Mr. Science Advisory Board, the U.S. Flag its polar operations. LOBIONDO) and the gentleman from Industry, every national maritime With that, Mr. Chairman, I reserve Washington (Mr. LARSEN) each will labor union, manufacturers, farmers, the balance of my time. control 30 minutes. energy producers, and our largest and EXECUTIVE OFFICE OF THE PRESI- The Chair recognizes the gentleman most strategic international trading DENT, OFFICE OF MANAGEMENT from New Jersey. partners all endorse our approach to AND BUDGET, this legislation. It’s a commonsense Washington, DC, November 3, 2011. 1130 b way to be able to move forward, and it STATEMENT OF ADMINISTRATION POLICY Mr. LOBIONDO. Mr. Chairman, I helps us be able to accomplish our H.R. 2838—COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2011 yield myself such time as I may con- goals in the long run. sume. I would urge all of my colleagues to (Rep. LoBiondo, R–New Jersey, and Rep. Mica, R–Florida) H.R. 2838 will reauthorize the activi- support the legislation, and I reserve ties of the Coast Guard through 2014 at The Administration strongly opposes the balance of my time. House passage of H.R. 2838 because it in- levels which are consistent with the Mr. LARSEN of Washington. Mr. cludes a provision that would require the House-passed budget resolution. Chairman, I yield myself such time as Coast Guard to decommission the icebreaker This bill includes critical provisions I may consume. USCGC POLAR STAR. The administration that will give the Coast Guard, its The Coast Guard is a multi-mission has requeted, and Congress has appropriated, servicemembers and dependents great- agency responsible for a broad range of funds to reactivate the USCGC POLAR er parity with their counterparts in the activities including mariner licensing, STAR by December 2012 and extend that ves- Department of Defense, something that emergency oil spill response, vessel in- sel’s service life for seven to 10 years. This is critical and important for these pa- spections, and search and rescue oper- effort will stabilize the United States’ exist- ing polar fleet until long-term icebreaking triotic Americans. Ensuring parity ations. These and many other activi- capability requirements are finalized. By di- among the armed services has been a ties of the Coast Guard are indispen- recting the Commandant to decommission top priority for the committee for sable and ensure that our coasts and the USCGC POLAR STAR within three some time, and I am proud to say this ocean resources are protected; that our years, the bill would effectively reduce the

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7345 vessel’s service life to two years and create a and foreign commerce in such ways, if they are forced to operate from inad- significant gap in the Nation’s icebreaking particularly in more sensible, uniform, equate facilities and to utilize equip- capacity. The Administration supports Title and environmentally protective ap- ment that has long since passed its ex- II (Coast Guard and Servicemember Parity), proaches available under this bill. pected lifetime. If we expect our ports which would promote parity between the Coast Guard and the other branches of the Title VII of H.R. 2838 aims to address and waterways to remain safe and se- armed forces. The Administration looks for- both the needs for standards to reduce cure and if we want our maritime econ- ward to working with the Congress to im- the risk of introducing invasive species omy to be vibrant and growing, ade- prove H.R. 2838 as the bill moves through the in our Nation’s waters through dis- quate investment in the Coast Guard is legislative process. charges of ballast water, and the need not an option but a requirement. Mr. LOBIONDO. Mr. Chairman, I for vessels that navigate from one ju- I also wish to express my concern yield such time as he may consume to risdiction to another to have a uniform about the ballast water provisions, a the gentleman from Ohio (Mr. GIBBS). set of requirements to comply with. separate title—in fact, a wholly sepa- Mr. GIBBS. I rise in strong support of The bill establishes a commonsense rate bill—stitched into this legislation, H.R. 2838, the Coast Guard and Mari- approach for regulating ballast water, but not seamlessly and not without time Transportation Act of 2011 and, in which will protect the environment, consequence. particular, title VII of the bill, the grow maritime jobs, and promote the Numerous State and local economies Commercial Vessels Discharge Reform flow of maritime commerce. have had to deal with the immense Act of 2011. I urge passage of H.R. 2838. costs associated with the invasion of Ballast water, while a necessity to Mr. LARSEN of Washington. Mr. plants and animals that hitch a ride maintain the stability of large vessels Chairman, I yield such time as he may into our country through dumped bal- during water-borne navigation, has al- consume to the ranking member of the last water. Coastal States are spending ways been recognized as one of the full committee, the gentleman from millions each year to control invading ways invasive aquatic nuisance species West Virginia (Mr. RAHALL). species, and each year, more and more are transported globally and intro- Mr. RAHALL. I thank the sub- invaders threaten to become estab- duced into coastal waters where they committee ranking member, the gen- lished in our waters. did not live before. Numerous invasive tleman from Washington, for yielding For these reasons, I support the pro- species have been introduced in U.S. me the time. visions that call for the adoption of waters through ballast water dis- In recognition of the tradition of the stringent national standards for ballast charges. One of the most well-known is Committee on Transportation and In- water treatment technologies. These the zebra mussel in the Great Lakes, frastructure to annually move bills to advances would help to prevent the in- which has caused millions of dollars in reauthorize the Coast Guard and the troduction and spread of these invaders damage in infrastructure. indispensable services it provides to and ensure the efficient flow of critical Current efforts to reduce the risk of the Nation, I am inclined to support commodities through waterborne invasive species being introduced this effort if it will improve the condi- transportation. But, unfortunately, through ballast water discharges are tion and readiness of the Coast Guard. tucked within the appealing treatment haphazard, contradictory, and ineffec- My home State of West Virginia may technology provisions of this added tive. The management of ballast water not be a coastal State; but our many title lies a poison pill that this House currently is governed differently by the stakeholders who use our inland water- would be foolish to swallow. Coast Guard, the Environmental Pro- ways, such as shippers, tug and barge All this year, this Congress has been tection Agency, as well as an assort- operators, and recreational boaters, ap- advocating an enhanced role for the ment of international, State, and terri- preciate the services provided by the States in protecting their economies torial regulations. Coast Guard, our guardians of the sea. and environment. The mantra has As a result, vessels engaged in inter- For example, the Coast Guard’s Na- been: Back off the States. Remove the state and international commerce are tional Maritime Center in Martinsburg, heavy hand of the Federal Government required to meet several different West Virginia, handles the processing and allow the States the space to over- standards for the management of bal- and approval of all mariner credentials see their own programs. But now, last water, some of which are not tech- for roughly a quarter million mariners. tucked into the folds of this bill is a nologically achievable or verifiable. Additionally, the Coast Guard’s Marine complete about-face. Rather than re- Complying with this patchwork of reg- Safety Unit Huntington, located in specting State powers and allowing ulations is burdensome and unaccept- Barboursville, West Virginia, inspects them the freedom to, in limited cir- able. Commercial shippers are at the vessels, conducts casualty investiga- cumstances, set higher standards to heart of our Nation’s interstate and tions, and ensures port security along protect their own waters and their own foreign commerce. the Ohio River and other navigable wa- residents, this bill imposes a down- As we all know, interstate and for- terways. from-on-high, one-size-fits-all ap- eign commerce involving navigation is These and other vital services pro- proach. the heart of the Federal jurisdiction vided by the Coast Guard directly sup- I find it ironic that, on an issue on under the commerce clause of the Con- port our maritime commerce, which is which the States have taken a leading stitution. If we subject vessels visiting critical to the future economic health role in the absence of Federal action, ports in more than one State to dif- of our country. Yet despite widespread this legislation would prohibit States ferent permit requirements in each acknowledgment of its importance, the from having any role in protecting State that they visit, they will be Coast Guard has rarely received suffi- their local resources. So I say to my forced to either violate State laws or cient resources to accomplish its many colleagues that we have a choice to cease making port calls in those States complex missions. support the benefits provided by this with requirements that are incon- I am disappointed that the author- bill without also swallowing the bitter sistent with the technology that the ized funding levels in this legislation anti-States’ rights pill. vessel has installed in response to an again fall short of the services’ needs. An amendment offered by my col- earlier enacted regulation from an- Just this week, we learned during the league from New York (Mr. BISHOP) other State. Coast Guard and Maritime Transpor- would protect the States. The Bishop Vessels involved in interstate and tation Subcommittee’s hearing con- amendment represents a surgical fix foreign commerce are mobile and can- cerning the Deepwater Horizon disaster that enables the States to nominate not be expected to comply with poten- that the Coast Guard’s marine environ- ‘‘no discharge zones’’ to protect impor- tially scores of inconsistent State re- mental response capabilities have tant State waters. quirements as they navigate from one dwindled due to a lack of funding. Contrary to some claims, the amend- jurisdiction to the next. These incon- ment would not allow a State to shut sistent State requirements will impose b 1140 down vital shipping zones or exempt all serious economic burdens on interstate We cannot expect the men and its waters from ballast discharges. The and foreign commerce. There simply is women of the Coast Guard to put their amendment specifically addresses no reason to interfere with interstate lives at risk to save the lives of others these concerns, preventing a State

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7346 CONGRESSIONAL RECORD — HOUSE November 4, 2011 from taking such action. It provides for Unfortunately, in my view—and, I be- authority for States to establish ‘‘no limited exemptions just like those lieve, in the view of a great many of discharge zones,’’ which is similar to available to the States in section 312 of my colleagues—the bill before us does what my amendment would establish. the Clean Water Act for sanitary dis- not do enough to protect our commu- Another precedent is that section 312 charges—an exemption, I would point nities and businesses from the avoid- of the Clean Water Act, which is the out, that has been used only 26 times. able costs of dealing with invasive spe- closest analogy to ballast water dis- The Bishop amendment would restore cies. charges from commercial vessels, es- the historic balance between the States This week the State of California and the Federal Government intended sent Members of Congress a letter say- tablishes uniform standards for dis- by the Clean Water Act. ing that title VII of the underlying bill charges of marine sanitation devices. If the Members of this body believe ‘‘will set a Federal ballast water dis- Section 312 specifically reserves a role that States’ rights must be protected charge standard that does not provide for States to create ‘‘no discharge from Federal overreach, this bill begs a significant improvement over exist- zones’’ for important State waters, pro- the question: Are you with the States ing management strategies and would vided that these zones will not ad- or against the States? eliminate the ability of States to regu- versely impact vessels from operating I support the amendment offered by late vessel discharges in their own wa- within the States. In the past, ballast the gentleman from New York (Mr. ters.’’ I would like to enter into the water legislation has included a role BISHOP), and I urge its adoption as a RECORD the letter from the California for the States, and industry was on critical fix to an otherwise worthy bill. State Lands Commission to which I am board with those provisions. I urge my colleagues to join me in vot- referring. ing to make that critical fix and to In my home State of New York we’ve b 1150 pass this legislation. been working with Michigan and other Mr. LOBIONDO. Mr. Chairman, I States to develop standards that are There’s an irony to what we’re doing yield myself such time as I may con- achievable with the technology that is here today, and that is, during this sume. available today but that would still Congress, much of the debate has cen- I would just like to take a moment protect sensitive State waters more tered on how States should be allowed and reiterate our thanks to the men than would today’s underlying bill. Un- to take the lead on managing different and women of the Coast Guard—unsung fortunately, this bill does not incor- programs within their jurisdiction, be heroes who are underrecognized and porate these science-based suggestions they educational programs or environ- underappreciated, who put their lives nor the jurisdictional concerns of the mental protection programs or elimi- on the line every day. They’re a crit- States. nating regulations and so on; and yet, ical component of our armed services. I also want to enter into the RECORD, in this instance, we are saying the They conduct critical missions to Mr. Chairman, a letter from the Envi- exact opposite. We are saying that the ronmental Council of the States which interdict illegal drugs. They provide Federal Government knows best how to urges that the States be able to main- fishery law enforcement as well as the protect local waters, and States are Homeland Security component. We tain a role in making determinations not given any say in protecting their want to make sure that we recognize with respect to their water quality. waters. and appreciate their efforts on an ev- While I think that most parties—and eryday basis. I’m one of them—agree that a uniform Just a few months ago, this Congress I would also like to, once again, national standard is necessary to pro- passed H.R. 2018, the Cooperative Fed- thank Mr. LARSEN for his cooperation tect our water resources, one of my eralism Act of 2011, which eliminates overall on the committee and espe- largest concerns is that this bill com- any Federal role in setting baseline cially with this legislation. pletely erases any role for States to water quality standards, giving full I reserve the balance of my time. protect waters within their jurisdic- discretion for the setting of those Mr. LARSEN of Washington. Mr. tions. So, as the gentleman from West standards to the States. Title VII of to- Chairman, I yield such time as he may Virginia said, I will be offering an day’s bill says that States should have consume to the gentleman from New amendment later today that will allow no say in what happens in their waters York (Mr. BISHOP). States to petition the Federal Govern- whatsoever, the exact opposite of what Mr. BISHOP of New York. I thank ment under a set of criteria that pro- this Congress passed with pretty broad the ranking member for yielding. I also tects international and domestic com- support several months ago. thank both the ranking member and merce to identify and protect highly the chairman for their work on this sensitive water resources within a We also have heard a great deal from important bill. State’s existing jurisdiction. our friends in the Tea Party about the I have some concerns about the bill, My amendment does not add or 10th Amendment and how rights need but I’m going to focus my remarks on change any technological requirements to be reserved to the States under that title VII, which deals with commercial in the bill. This is an issue of extreme amendment. Well, I would contend that vessel discharge reform and deals, importance for the industry, under- the ability to protect waters of the more specifically, with ballast water standably so, and for that reason my State and to set standards for waters of discharge and the concern about non- amendment simply does not affect in the State would fall within at least the indigenous invasive species. These non- any way the technological require- spirit of the 10th Amendment, and I indigenous species cost taxpayers and ments. It also does not give States would hope that my colleagues would businesses hundreds of millions of dol- carte blanche to prevent ships from re- agree with that. lars every year. leasing ballast water, which is another So I just want to say that I believe In the Great Lakes alone, approxi- important issue for the industry. There my amendment, as the gentleman from mately $500 million is spent every year is ample precedent for the amendment West Virginia referred to it, is a sur- in dealing with invasive species that that I am offering and for the policy gical attempt to fix what I believe is a clog municipal water systems and that that my amendment would embody. significant problem for States. damage infrastructure, such as electric In 1996 the then-Republican-con- power plants, levees, and aqueducts. In trolled Congress amended the Clean The gentleman from New Jersey (Mr. California, over $7 million was spent to Water Act, requiring the Department LOBIONDO) and I worked very hard to eradicate the Mediterranean green sea- of Defense to work with the Environ- try to come up with a sweet spot where weed from two small embayments in mental Protection Agency to regulate we could agree. We were unable to get southern California, and $12 million ballast water from military vessels there. It was not for a lack of trying. I had to be spent in San Francisco Bay through the Uniform National Dis- am very grateful to the gentleman to control the Atlantic cordgrass. Most charge Standards program. Through from New Jersey for his willingness to of these invasive species arrive in our this program, the Republican Congress work with me on this; but later we will waters via the ballast water of com- acknowledged a deep respect for the be offering this amendment, and I hope mercial vehicles. rights of States, including a residual my colleagues will support it.

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CALIFORNIA STATE ters as a result of vessel discharges, but as THE ENVIRONMENTAL COUNCIL LANDS COMMISSION, drafted, H.R. 2840 will set a federal ballast OF THE STATES, Sacramento, CA, November 2, 2011. water discharge standard that does not pro- Washington, DC, November 2, 2011. Rep. JOHN MICA, vide a significant improvement over existing Hon. FRANK LOBIONDO, Chairman, House Committee on Transportation management strategies and would eliminate Chairman, Subcommittee on Coast Guard and and Infrastructure, Washingtion, DC. the ability of states to regulate vessel dis- Maritime Transportation, Washington, DC. Rep. NICK RAHALL, Hon. RICK LARSEN, charges in their own waters. Ranking Member, House Committee on Trans- Ranking Member, Subcommittee on Coast Guard portation and Infrastructure, Washington, Staff specifically object to the provisions and Maritime Transportation, Washington, DC. in the bill that: DC. Rep. DAVID DREIER, Would set the International Maritime Or- Hon. BOB GIBBS, Chairman, House Committee on Rules, Wash- ganization (IMO) ballast discharge standard Chairman, Subcommittee on Water Resources ington, DC. and Environment, Washington, DC. as the U.S. federal standard. Rep. LOUISE SLAUGHTER, Hon. TIM BISHOP, Ranking Member, House Committee on Rules, There is clear scientific evidence that the Ranking Member, Subcommittee on Water Re- Washington, DC. IMO ballast water discharge standard is not sources and Environment, Washington, DC. DEAR REPRESENTATIVES: The staff of the a significant improvement over ballast water DEAR CONGRESSMEN: I am writing on behalf California State Lands Commission (Com- exchange (the current management prac- of the members of the Environmental Coun- mission) is writing to express our concern tice). Studies have shown that some vessels cil of the States, the state and territorial en- with bill H.R. 2840, the Commercial Vessel could meet the IMO standards by simply con- vironmental agencies, about H.R. 2840, and Discharges Reform Act of 2011. We have re- ducting ballast water exchange, and some an amendment to it offered by Congressman cently learned that this bill may be consid- Bishop. could meet it without conducting exchange ered as an amendment to the U.S. Coast Our understanding is that the bill seeks to at all. Therefore, adoption of the IMO stand- Guard Reauthorization bill. Staff has strong address the regulation of ship ballast waters concerns that provisions of the H.R. 2840 ard does little to advance the protection of in order to suppress the spread of exotic spe- would cripple California’s ongoing efforts to U.S. waters from NIS introductions. cies, and that it pre-empts any state regu- prevent the release of nonindigenous species Preempts states from adopting ballast latory approaches. to state waters, and urge that members con- water discharge standards, including stand- With respect to the direction of the bill, sider these concerns before addressing this ards that are more stringent than those es- ECOS could agree that: bill. (1) national standards can help to achieve In addition to the ecological and human tablished in H.R. 2840. a level playing field for compliance; health impacts that nonindigenous species A central tenant of the Clean Water Act is (2) the states have a diversity of experience have had, they can also represent a signifi- that States have the ability to set water and varying desire for federal regulation in cant and ongoing economic burden once es- quality standards above and beyond those tablished in a new region. For example, the this area; set by the Federal government in order to European zebra mussel attaches to hard sur- (3) the states have a role in developing ad- faces so thickly in the Great Lakes and Lake ensure proper environmental protection of ditional requirements based on state-specific Mead (AZ), that they clog municipal water state waters. H.R. 2840, as currently drafted, conditions, and as a backstop to federal systems and electric generating plants, cost- removes ballast water discharges from Clean standards that are not yet proven. ing over a billion dollars a year to control. Water Act jurisdiction and will cripple state ECOS has long held that ‘‘expansion of en- In 2008, the mussel arrived in California. efforts to prevent species introductions from vironmental authority to the states is to be supported, while preemption of state author- Should it spread to areas such as Lake Tahoe vessel discharges. San Francisco Bay is the ity is to be opposed.’’ The bill as drafted pre- or the California Aqueduct, the resultant most highly invaded estuary in North Amer- empts state authority not only for ballast economic impact could be significant. Be- ica, and perhaps the world, and invasive spe- tween 2000 and 2006, over $7 million was spent discharges, but also for many other types of cies cost the state millions of dollars each to eradicate the Mediterranean green sea- vessel discharges. ECOS also ‘‘affirms its weed from two small embayments in south- year to control. In addition, recent research support for the concept of flexibility, i.e., ern California. At the end of 2010, over $12 shows that California serves as a first entry that the function of the federal environ- million had been spent in San Francisco Bay point ‘‘hotspot’’ of invasion on the west mental agency is, working with states, to set to control the Atlantic cordgrass. If left un- coast, and NIS subsequently spread north to goals for environmental accomplishment and controlled, the buildup of cordgrass can have Oregon up to Alaska. Thus, California must that, to the maximum extent possible, the a substantial impact on shoreline land val- retain the ability to implement stringent, means of achieving those goals should be left ues. protective ballast water discharge standards to the states; this is particularly important Since 1999, when California passed the Bal- in order to protect its own waters as well as in the development of new programs which last Water for Control of Nonindigenous Spe- the waters of the rest of the western North will impact both states and U.S. EPA.’’ [See cies Act (Chapter 849, Statutes of 1999; Public America. our resolution entitled Environmental Fed- Resources Code §§ 71200, et seq.), it has been eralism at www.ecos.org.] and remains a national and world leader in Preempts states from adopting any stand- We also encourage Congress to ensure that the development of effective science-based ards or management practices related to any the United States Coast Guard and the management strategies for preventing spe- discharge incidental to the normal operation United States Environmental Protection cies introductions through vessel vectors. of commercial vessels. Agency have the resources they need to en- The Commission’s Marine Invasive Species force the act, should it become law. H.R. 2840 not only preempts states from de- Program (MISP) pursues aggressive strate- It seems to us that the amendment offered veloping ballast water discharge standards, gies to limit the introduction and spread of by Congressman Bishop addresses some of nonindigenous species (NIS) via vessels, in- but also preempts states’ ability to address our concerns, and that the bill would be im- cluding establishing strict performance any of the 26 discharges included in the Ves- proved by its inclusion, although several of standards for the discharge of ballast water sel General Permit. The California State our other concerns would remain. in 2007. Lands Commission is a world leader in the Regards, The Commission’s staff works coopera- development of strategies to combat species R. STEVEN BROWN. tively with the U.S. Environmental Protec- introductions due to vessel biofouling (i.e. Mr. LOBIONDO. Mr. Chairman, I tion Agency (EPA), the United States Coast the attachment or association of organisms Guard (USCG), and other states in order to yield myself such time as I may con- to the underwater surfaces of vessels). There advance a strong, enforceable, funded, na- sume. tional effort that pushes technology develop- are currently no federal programs in place to I want to thank the gentleman from manage this important vector of species in- ment and the science of invasive species New York for dialoguing and for ar- management forward, while ensuring that troductions. Should H.R. 2840 pass as cur- rently drafted, California would be hobbled ticulating his point. We have tried very the state’s existing, world-leading program hard to reach an accommodation. We be allowed to continue. Additionally, Com- in its efforts to prevent biofouling introduc- mission staff has long worked closely with tions within its waters. are going to continue to try to reach an accommodation, and I guess this is scientific, government, nonprofit and ship- Due to the aforementioned Commission ping industry representatives through tech- what this process is all about. We have staff concerns, please oppose the legislation nical advisory groups during the develop- a difference of opinion about the im- in its present form. Thank you for consider- ment of its requirements. This is to ensure a pact of the gentleman from New York’s well-rounded, diverse array of perspectives ation of these comments. If you have any questions, please do not hesitate to contact amendment and a couple of these other are taken into account during the evolution amendments. We are looking to try to of initiatives to prevent species introduc- me at (916) 574–1800. tions to the state. Sincerely, find a way to make sure we have uni- We appreciate the House’s attention to the CURTIS L. FOSSUM, form standards, and I pledge we will challenge of NIS introductions in U.S. wa- Executive Officer. continue to work to try to do that.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7348 CONGRESSIONAL RECORD — HOUSE November 4, 2011 I reserve the balance of my time. In a normal year on the inland water- will continue to age, and the result will Mr. LARSEN of Washington. Mr. way system, between 500 and 700 mil- be a worn and decrepit waterfront, Chairman, I first would like to inquire lion tons of bulk commodities with a badly neglected locks and dams, and how much time is remaining. current approximate value of nearly harbors with inadequate drafts to ac- The CHAIR. The gentleman from $125 billion are moved an average of cept foreign, deep-draft tonnage. Washington has 141⁄2 minutes remain- roughly 500 miles to produce in excess Our local businesses are on the front ing. of 300 billion ton-miles of freight trans- lines of commerce every day, and they Mr. LARSEN of Washington. Thank portation. When given a choice, heavy know where the savings and effi- you, Mr. Chairman. bulk shippers often choose barge trans- ciencies are that could be improved. I would like to yield 2 minutes to the portation on our waterways. It is esti- We must work with our local busi- gentlewoman from California (Mrs. mated that barge shippers and their nesses who know business best. If gov- NAPOLITANO). customers save more than $7 billion an- ernment is going to be involved in im- Mrs. NAPOLITANO. I too am very nually by utilizing inland waterways. proving the business environment, it concerned about the serious threat As lawmakers, especially during only makes sense that government that the invasive species pose to non- these difficult economic times, we talks to the businesses that we’re try- native waters. As the ranking member of the Nat- must do everything in our power to fa- ing to help. ural Resources Water and Power Sub- cilitate trade and economic activity. In my coastal district of North Caro- committee, we have held various hear- That’s why this Coast Guard and Mari- lina, marine transportation and com- ings on the effects of the invasive time Transportation Reauthorization merce is the lifeblood of the Cape Fear quagga mussel, the zebra and quagga Act is so critical to get it right. But we region. In understanding the impor- mussel in western waterways. I have also see in this bill, as prior speakers tance of marine transportation and wa- even traveled to Colorado in order to have mentioned, the patchwork of bal- terway infrastructure, I sought the understand how they are looking at the last water regulations that have ham- input of local business leaders to de- R&D to be able to see how we can pered our inland waterways trade and velop the Seventh Congressional Dis- eradicate this invasive species. imposed unnecessary cost on business. trict Coastal Compact to outline key It was introduced into the West from I applaud the effort to create a na- priorities for our area’s coastal infra- the ballast water of vessels coming in tional minimum standard to protect structure, maritime commerce, and a from the Great Lakes. This mussel is a our environment while creating cer- way in which we can get the public and dime-sized mussel that clogs water in- tainty and stability for the industry. private sector and government agen- frastructure. The glue is so potent that But I do support Representative cies to work together. nothing can take it off. It’s in the BISHOP’s amendment that strikes the So this amendment that I have put pumps. It’s in the intake valves and right balance. It allows States’ rights forth builds on a proven model used to the pipelines, costing water agencies and unique interests to be protected develop our Coastal Compact and one hundreds of thousands—if not mil- within no-discharge zones. in which we believe that business lead- lions—of dollars to clean out to allow I hope that eventually we can work ers across this country would like to for the water flow. out a compromise. I applaud the efforts have a say and involvement and first- The Metropolitan Water District of of both sides in trying to reach that, hand knowledge to be involved with southern California spent $25 million and I hope that effort will continue. I our marine transportation system. hope this bill can find broad support on fighting quagga mussels since 2007. b 1200 The Bureau of Reclamation is having a that addresses the needs of the goods major problem with the mussels, as movement industry while still pro- This is an example for us in Congress, they are causing funds to be spent to tecting our environment. I think we an example that we must follow to im- scrape them off those major pipelines can and need to do both. prove not only our marine transpor- instead of on projects needing those I look forward to working with my tation system, but also to create jobs funds. colleagues on both sides of the aisle on and to sustain an environment in I have seen firsthand the damage the this important work and again urge my which American business can flourish. quagga has done to the dams and the colleagues to hit the right balance to Therefore, I urge my colleagues to sup- water supply plants in southern Cali- be sure we are taking care of the men port this amendment so we can bridge fornia. This invasive species will con- and women that serve us in the Coast a better partnership with our local tinue to have a devastating impact on Guard, to be sure they can continue to businesses to improve the maritime the water supply of the West, and we serve us and the entire country. transportation system and put our Na- must address the fact that discharges Mr. LOBIONDO. I continue to reserve tion back on a path of economic vital- of ballast water carrying invasive spe- the balance of my time. ity. cies can cause irreversible harm to our Mr. LARSEN of Washington. Mr. Mr. LOBIONDO. Mr. Chairman, I am Nation’s waters, as is already the case Chairman, I yield 3 minutes to the gen- pleased to yield 2 minutes to the gen- in some areas. tleman from North Carolina (Mr. MCIN- tlelady from Florida (Ms. ROS- We must allow our State regulatory TYRE). LEHTINEN), whom we affectionately agencies the ability to protect against Mr. MCINTYRE. I rise today in sup- refer to as Dr. Illie. invasive species, and I will continue to port of my amendment to the Coast Ms. ROS-LEHTINEN. I thank my oppose the bill if it includes provisions Guard and Maritime Transportation good friend from New Jersey for the that hinder the States from protecting Act of 2011 on which we are working to- time. their water quality. I hope the chair- gether to consider as part of the en I rise in strong support of this Coast man and the ranking member can come bloc amendments. This important and Guard reauthorization bill that is to some agreement that will help our timely amendment calls on the Com- being considered on the floor today. I States. mittee on the Marine Transportation have the unique pleasure of rep- Mr. LOBIONDO. I continue to reserve System to coordinate with local busi- resenting over 265 miles of pristine the balance of my time. nesses to promote an efficient marine coastline, ranging from Miami Beach Mr. LARSEN of Washington. Mr. transportation system. all of the way down to Key West. In Chairman, I yield 3 minutes to the gen- As many of us know, the marine fact, two of the largest Coast Guard tleman from Missouri (Mr. CARNAHAN). transportation system is essential to sectors in the United States, Sector Mr. CARNAHAN. I am honored to the American economy. It supports Miami, commanded by Captain Chris- represent a district in the St. Louis, millions of American jobs, facilitates topher Scraba, and Sector Key West Missouri, region near the confluence of trade, moves people and goods, and pro- commanded by Captain Pat DeQuattro, the mighty Mississippi and the Mis- vides a safe, secure, cost-effective, and are located in my congressional dis- souri Rivers, an area where inland wa- energy-efficient transportation system. trict. As such, ensuring that the brave terway commerce is vital to our eco- It’s a win-win-win. men and women of the Coast Guard nomic well-being as well as to recre- Yet, if there are not adequate main- have the tools they need to effectively ation, security, and safety. tenance resources in place, our MTS patrol our coast is of utmost concern

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7349 to me and to all of the residents in my to applaud the chairman and the rank- to discuss those. I just want to under- congressional district. ing member for bringing that about. score one of those from Mr. MCINTYRE This legislation before us is a fiscally I’m going to have an amendment a and the role that the marine transpor- responsible reauthorization of the U.S. little bit later on which addresses an tation system plays, or the MTS as we Coast Guard and will include practical issue which is important to me, and call it, which consists of waterways reforms which will ensure greater effi- that is the ombudsman. I’ve said many and ports and intermodal land-side ciency in the replacing of aging assets times that we put this in the last au- connections that allow our various and improved utilization of all of its thorization because a lot of the folks at modes of transportation to move peo- resources. the ports and a lot of our mariners ple and goods to and from and on the This is particularly important in my were complaining. They were saying water. district as our two sectors have been that the Coast Guard would come and The MTS is vitally important to our working day and night to stop drugs want to make changes and say their economy. It’s vitally important to wa- from being smuggled into our country. way or the highway. One of the things terborne cargo and the associated ac- These drug smugglers are becoming that we wanted to do so commerce tivities which contribute more than more sophisticated and more brazen in could freely flow, we wanted to have $649 billion annually to the U.S. gross their efforts to bring illicit drugs to somebody come along and actually sit domestic product, sustaining more our shores. Just last month alone, the down and reason so that things could than 13 million jobs. Section 401 of this U.S. Coast Guard seized and then un- be worked out in a way that would be underlying bill would codify the com- loaded over 2,300 pounds of marijuana less onerous to the mariner commu- mittee on the marine transportation and nearly 900 pounds of cocaine in nity. system, a Federal interdepartmental Sector Key West. Without providing The CHAIR. The time of the gen- committee chaired by the Secretary of upgrades to our aging assets, it will be- tleman has expired. Transportation. come more and more difficult to keep Mr. LARSEN of Washington. I yield And I think it is just important to pace with these drug smugglers as the gentleman 1 additional minute. underscore further about this MTS, the their technology attempts to surpass Mr. CUMMINGS. I’m hoping that marine transportation system, and the ours. amendment does pass because our Re- role that the Coast Guard plays in That is why I rise in strong support publican friends have constantly said maintaining that. It can be somewhat of this Coast Guard reauthorization that they want to do away with regula- invisible to folks if they’re not on the bill, and I thank Dr. FRANK for giving tions that might impede the flow of water a lot, but the role that the U.S. me the time. commerce, and I think that my amend- Coast Guard plays in maintaining that Mr. LARSEN of Washington. Mr. ment is a step in that direction. I know marine transportation system that Chairman, I would like to yield 3 min- that the Coast Guard may not like it, therefore underlies the economic utes to the gentleman from Maryland but I think an ombudsman would bring growth potential that we have from a (Mr. CUMMINGS). about a fair balance so that we can well-balanced and well-developed ma- Mr. CUMMINGS. I thank the gen- achieve the things that we need to rine transportation system is impor- tleman for yielding, and I want to achieve. tant and is one of the underlying rea- thank the chairman and our ranking With that, again I applaud the chair- sons why we even have a Coast Guard member for the great work that they man and the ranking member for authorization bill each year to support have done not only this time but over bringing this bill forward. the great work of the U.S. Coast Guard. the years. Mr. LOBIONDO. I reserve the balance As a member of the subcommittee, I of my time. b 1210 have had an opportunity to—and ear- Mr. LARSEN of Washington. Mr. I would encourage Members to take a lier in previous sessions as chairman of Chairman, I yield myself such time as hard look at this bill. We’ve got some the subcommittee—I’ve had an oppor- I may consume. amendments coming up that Members tunity to visit many Coast Guard fa- We have no more speakers on the will bring up, and we’ll have good de- cilities. I am so amazed by what I see general debate, so I will take a few bate on those. But certainly as far as when I see so many young people who minutes here to conclude on our side general debate goes, I’d like to take give their lives, their blood, sweat and for general debate, and I appreciate the this time now to yield back the balance tears to save other people and to make opportunity to close on general debate. of my time and urge people to support sure that our waterways are kept safe, The points that were made earlier, I the underlying bill. and to make sure that our coasts are do want to reemphasize a few points. Mr. LOBIONDO. Mr. Chairman, I guarded. I call them the thin blue line One is a concern we have about the de- would, again, like to thank the gen- at sea. commissioning process and the decom- tleman from Washington for his co- I do support this legislation because I missioning of the two icebreakers that operation and remind the Members I think it is very important. There are are in the U.S. Coast Guard fleet. The think this is, on balance, an excellent some concerns I have, but I do want to administration has a statement of ad- bipartisan effort that moves the Coast commend the chairman. I understand ministration policy, which you’ve al- Guard forward. that we have a manager’s amendment lowed to be entered into the RECORD. I I yield back the balance of my time. that adds a modified version of H.R. think a follow-up to that point would Ms. RICHARDSON. Mr. Chair, I rise today 2839, the Piracy Suppression Act, as a be that we certainly would want to in support of H.R. 2838, the Coast Guard and title to this bill, and I think that is hear from the administration sooner Marine Transportation Act. very, very important. The piracy provi- rather than later about a plan for what However, while I support the underlying leg- sions include those that require the De- some would call an organic capability islation, I have serious concerns that this bi- partment of Transportation to estab- of our icebreaker fleet. That is a U.S. partisan-supported bill is combined with the lish a training program for U.S. mari- Coast Guard-owned and -operated ice- Commercial Vessel Discharges Act. ners on the use of force against pirates breaker fleet, rather than being left The Commercial Vessel Discharges Act sets and require a report from DOD within with the potential and real possibility a single nationwide standard for the treatment 180 days on actions taken to protect of having to lease icebreakers from of ballast water by commercial vessels. This foreign-flag vessels from acts of piracy other countries to do the work that would prevent states, such as California from on the high seas. I will definitely sup- otherwise we would be doing. That con- enacting more stringent ballast water stand- port that because I think it is very, tinues to be a major concern. ards. very important. We have heard, as well, concerns California has stronger ballast water stand- We’ve seen, and I know the chairman about the ballast water title and are ards than what is found in the Commercial has spent a lot of time on this, what expecting amendments and further de- Vessel Discharges Act. This legislation will has happened with regard to these pi- bate on that as the afternoon pro- cause more invasive species to infiltrate the rates. They feel they can just board our gresses. waters in California and the Great Lakes. This ships and hold our folks hostage, and Certainly we are going to have an en will also increase costs associated with com- we cannot allow that to happen. I want bloc amendment, and we will have time bating invasive species.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0636 Sfmt 9920 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7350 CONGRESSIONAL RECORD — HOUSE November 4, 2011 Mr. Chair, the Coast Guard and Marine Assessment and Strategy was drafted it in- economic activity in region, and is home to Transportation Act would have been further cluded a plan to identify maritime projects of one of the largest petro-chemical complexes in improved had the Rules Committee made my national significance; the steps taken to imple- the world. Because of this, security on the wa- three amendments in order. Let me briefly ex- ment 100 percent container screening at ports, terway is critical, and the Coast Guard has plain what my amendments would have done. which was recommended by the 9/11 Com- been exceptional in providing that security. My first amendment would have simply al- mission; and develop a plan for fully utilizing The Coast Guard enforces the nation’s laws lowed grants provided under the Port Security the Harbor Maintenance Trust Fund. in U.S. waters and on the high seas, and pro- Grant Program to be used to pay a portion of The Committee on the Marine Transpor- tects the lives and property of those at sea. personnel costs. tation System is tasked with assessing the The Coast Guard’s missions include maritime The Maritime Transportation Security Act adequacy of the marine transportation system search and rescue, illegal drug and migrant and the SAFE Port Act authorize funds to including ports, waterways, channels, and their interdiction, oil spill prevention and response identify vulnerabilities in port security and in intermodal connections. in the marine environment, marine safety, order to ensure compliance with mandated Part of this Committee’s job is to draft the maintenance of aids to navigation, enforce- port security plans. Marine Transportation System Assessment ment of U.S. fisheries, and other marine envi- The grant funding is provided to port au- and Strategy one year after this bill’s enact- ronmental laws, and maritime defense readi- thorities, facility operators, and state and local ment. This assessment will evaluate the condi- ness. government agencies so they can provide se- tion of the marine transportation system and I know this bill is not perfect, but I support curity services to our ports. the challenges the system faces. it because it provides the Coast Guard with However, currently Port Security Grant Pro- My amendment would have asked the com- the resources they need to meet the security gram funds cannot be used to fund statutorily- mittee to take into consideration three things and environmental demands they are tasked mandated security personnel costs. when drafting its assessment. with. The measure authorizes programs of the My amendment simply would have cor- First, to identify maritime projects of national Coast Guard in FY 2012. rected this inconsistency between the Port Se- significance. I believe identifying these cor- Passage of the bill will continue today’s high curity Grant Program and other grant funding ridors are essential to the goods movement levels of offshore safety, ensure important programs. process in this country. Too often we fund projects are not delayed, and will protect the Our American ports should not have to bear projects because of political reasons and not lives and livelihood of those who live and work the burden of protecting our most vital stream because it is right for the country. Under the around American waterways, such as the of commerce and source of American jobs on advisement of the Marine Transportation Sys- Houston Ship Channel. their own. tem National Advisory Council, interested par- Mr. Chair, I again thank the Committee for Instead, ports should be allowed to utilize ties, the public, and the Committee should put their work on this bill and urge my colleagues Port Security Grant Program funds to hire and forth a list of maritime projects of national sig- to join me in supporting it. pay security personnel who are used to staff nificance so that the country can make smart Ms. JACKSON LEE of Texas. Mr. Chair, I fusion center, emergency operations, and investments that increase the flow of goods, rise today to support H.R. 2838, ‘‘Coast Guard counterterrorism posts. the flow of trade, and create jobs. and Maritime Transportation Act of 2011.’’ Also, in order to prevent waste, fraud, and Second, to report what steps are being This legislation authorizes funding for the abuse, my amendment would have placed a taken to keep our nation safe by ensuring that Coast Guard through fiscal year 2014, and au- cap on the amount of Port Security Grant Pro- our ports are secure and not a weak point for thorizes service strength of 47,000 active duty gram funding that can be used to pay security terrorists to exploit. Millions of containers are personnel. personnel costs. shipped into our country every year and the In 1787, Alexander Hamilton, in Federalist Payments would have been limited to 50% smallest percentage are thoroughly checked Paper Number 12 laid the foundation for the of the total amount awarded to grant recipients for potential threats against the United States. modern Coast Guard when he noted that ‘‘[a] in any fiscal year. My amendment would have simply asked the few armed vessels, judiciously stationed at the This is consistent with other grant programs, committee to report what is being done to se- entrances of our ports, might at a small ex- such as the Urban Area Security Initiative. cure our ports as recommended by the 9/11 pense, be made useful sentinels of our laws.’’ Last month, I had a similar amendment commission. As a senior Member on the Committee on adopted by unanimous consent by the Home- Finally my amendment asked the committee Homeland Security, and the Border and Mari- land Security Committee during the markup of to make recommendations that would make time Security Subcommittee, I understand the the Department of Homeland Security Author- the delivery of the Harbor Maintenance Trust importance of protecting our maritime borders. ization Act for Fiscal Year 2012. Fund more efficient to the users who pay into In our post-9/11 climate, homeland security My amendment would have allowed grant it. Recently in a T&I subcommittee, members continues to be a top priority for our nation. recipients the flexibility to use a portion of their of the port committee expressed their dis- I believe protecting our country by air, land, funds to pay for security personnel expenses. pleasure with the lack of return on the Harbor and sea to be critical to our national security In short, my amendment would have pro- Maintenance Tax. There are too many interests. The security mission of the Coast vided a simple, common-sense change to projects essential to our nation’s goods move- Guard is beneficial to our maritime interests, what has become a complex funding issue for ment infrastructure going under or unfunded and consequently, our national security. our American ports. by the Harbor Maintenance Trust Fund. I In the aftermath of September 11, 2001, the My second amendment would simply have along with the entire witness panel agreed it is role of many agencies, including the Coast allowed grant funds under the Port Security time for reform. Guard, began to focus on Homeland Security. Grant Program to be used to replace defective Rest assured, I will continue to be an advo- The Homeland Security Act of 2002 allocated security equipment. cate for our ports, including the Port of Long a number of security missions to the Coast Currently, the Port Security Grant Program Beach and the Port of Los Angeles. As a Guard, the first being the protection of ports, allows grant funds to be used for maintenance Member of both the Transportation and Infra- waterways and coastal security. There are of security equipment, but not the replacement structure Committee and the Homeland Secu- more than 350 major ports in the United of security equipment. rity Committee, ensuring the safety of our na- States, including 23 in Texas, where I rep- My amendment would have given grant re- tion’s ports is one of my top priorities. resent the 18th Congressional District. The cipients the flexibility in determining whether it Again, Mr. Chair while I support the Coast Port of Houston is one of the busiest in the is more cost-effective to replace or repair se- Guard and Marine Transportation Act, I do not nation. More than 220 million tons of cargo curity equipment. support prohibiting states, like California from moved through the Port of Houston in 2010, It doesn’t make any sense to require grant enacting more stringent ballast water protec- and the port ranked first in foreign waterborne recipients to fix security equipment when it tions. I also feel that had my amendments tonnage for the 15th consecutive year. The may be cheaper to replace it with newer, im- been made in order, the safety of our ports port links Houston with over 1,000 ports in 203 proved technology. would have been improved. countries, and provides 785,000 jobs through- My amendment didn’t increase spending, Mr. GENE GREEN of Texas. Mr. Chair, I out the state of Texas. Maritime ports are cen- but would have given Port Security Grant Pro- rise in support of this bill and urge my col- ters of trade, commerce, and travel along our gram recipients the flexibility in determining leagues to join me in supporting it. nation’s coastline, protected by the Coast the best use of their funds. The 29th District of Texas that I represent Guard. My third amendment would have ensured encompasses the Port of Houston—the largest As a Representative from Texas, a border that when the Marine Transportation System foreign tonnage port in the country. It drives state, I am extremely concerned with curtailing

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0636 Sfmt 9920 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7351 the flow of illegal drugs into the United States. ceive reports on fraudulent use of the Trans- can use those measures, the cost of the man- The Coast Guard is the lead federal agency portation Worker Identification Card, and work date would tend to be lower. At the same for maritime drug interdiction. Houston is clas- closely with our local enforcement and legal time, the bill would authorize the Coast Guard sified by the Office of National Drug Control agencies such as the Harris County District to require standby vessels to be located closer Policy (ONDCP) as a High Intensity Drug Traf- Attorney to ensure these cases are pros- than 3 or 12 nautical miles to offshore facilities ficking Area, and in a 2009 report, the ONDCP ecuted. if necessary to address delays caused by expressed concern that ‘‘the sheer volume of In recognition of the significance of Hous- weather or other conditions. Reducing the maritime traffic and foreign cargo that passes ton’s shipping activity, the State of Texas for- minimum distance from facilities would in- through the port offers another avenue for mally established the Houston Ship Channel crease the number of vessels necessary for drug smuggling.’’ The Coast Guard coordi- Security District (HSCSD) in 2010. The compliance and increase the cost of the man- nates closely with other federal, state, and HSCSD represents a unique public-private date for some operators. The Congressional local agencies and countries within the region partnership formed to improve security and Budget Office estimates that the aggregate to disrupt and deter the flow of illegal drugs safety for facilities, employees and commu- cost of the mandate would probably exceed into Houston and other ports, decreasing the nities surrounding the Houston Ship Channel. the annual threshold established in UMRA for supply of illicit substances being transported The Coast Guard played an instrumental role private-sector mandates ($142 million in 2011, all over the country. in the formation of the HSCSD, and continues adjusted annually for inflation). The Coast Guard protects the interests of to work closely with the HSCSD to ensure However, I do have some reservations American citizens and American commerce alignment of priorities and unity of effort. As about some of the provisions in this legisla- abroad. Last year, 73.2 million tons of exports Sector Commander, I am a member of the tion. At the request of President Obama’s Ad- left the Port of Houston to be sold to countries HSCSD Advisory Council and Sector Port Se- ministration, Congress has appropriated fund- around the world. These exports represented curity specialists attend HSCSD board meet- ing to reactivate the USGC Polar Star, a heavy icebreaking vessel. The ship is to be re- $70.8 billion dollars, and countless American ings. The district provides oversight of com- activated by December 2012 for 7 to 10 years jobs. The international counter-piracy efforts of prehensive and cost-effective security solu- of service. The Polar Star is deployed to assist the Coast Guard focus on preventing attacks tions, leveraging more than $30 million in Fed- researchers throughout the Polar Regions, of piracy that threaten American commercial eral Port Security grants along with $4 million and is essential to United States icebreaking vessels and cargo. The Coast Guard also per- in annual member assessments to install tech- capabilities. Ice breaking vessels create path- nology and security infrastructure and provide forms vital counter-terrorism measures in ports ways through which supply ships can travel, abroad to ensure the safety of Americans funds for specific security projects, mainte- facilitating important research. In its current across the globe. nance and operational services. form, the bill decommissions the Polar Star In Houston, the Coast Guard routinely con- The Port of Houston accommodates a large within 3 years, creating a gap in the nation’s ducts integrated operations with the city, coun- number of tankers carrying crude oil, refined icebreaking abilities. ty, state and Federal Law Enforcement part- products and chemical cargoes. With approxi- As a senior Member on the Homeland Se- ners. The joint agency Houston Area Maritime mately 9,600 deep draft ship arrivals each curity Committee, I have a deep commitment Operations Center is a prime example of the year, the Coast Guard maintains a very exten- to creating a stronger and more secure Amer- type of coordination directed in the Maritime sive Port State Control program in the Hous- ica. I have worked with my colleagues, on Operations Coordination Plan recently signed ton-Galveston area. The Port State Control both sides of the aisle, to pass legislation that by the U.S. Coast Guard, U.S. Customs and program ensures the safe carriage of haz- ensures that our nation is receiving the secu- Border Protection (CBP) and U.S. Immigration ardous materials in bulk. Because over 90 rity that our citizens deserve. As the potential and Customs Enforcement (ICE). percent of cargo bound for the United States threats and vulnerabilities along our coast line The Port of Houston is one of the world’s is carried by foreign-flagged ships, this na- may always exist, we rely upon Coast Guard busiest ports and the Coast Guard bears the tional program prevents operation of sub- and their active involvement with hundreds of ultimate responsibility for its smooth operation. standard foreign ships in U.S. waters. partners who are directly involved with or im- In terms of maritime traffic and cargo, the Port The Sector also makes excellent use of its pacted by the maritime industry in the Hous- of Houston ranks first in the United States for robust Vessel Traffic Service (VTS). The ton-Galveston area of responsibility. This sec- number of ship arrivals and second in total VTS’s primary role is facilitating safe vessel tor is committed to deterring incidents before cargo tonnage. Houston handles over 50 per- transits in the waterways and ports along the they happen and is well-prepared to respond cent of all containerized cargo arriving at Gulf Houston Ship Channel. The VTS cameras, to them should they occur. The Coast Guard of Mexico ports. Automatic Identification System (AIS) feeds, is vital to the protection of our national secu- Additionally, more than 50 percent of the remote radar observation capability, and radio rity. gasoline used in the United States is refined communications also provide an additional Both sides of the aisle have a strong re- in this area. With more than 100 petro- layer of security. In addition to the VTS re- spect for the Coast Guard as well as for the chemical waterfront facilities, Houston is the sources in the Houston Ship Channel, Sector men and women who work on manned sta- second largest such complex in the world. Houston-Galveston has access to feeds from tions off of our shores. I understand that Rep- Major corporations such as ExxonMobil, Shell, three AIS receivers mounted on offshore oil resentative MICA has agreed to honor the pur- Saudi ARAMCO, Stolt Nielson, Odfjell USA platforms, which provide heightened aware- pose of an amendment offered by Represent- Inc., Sea River and Kirby Marine have national ness of activities in the maritime domain. ative OLSON that would have required the or international headquarters in Houston. With a homeland security mission of this Commandant of the Coast Guard, in consulta- These operations typically involve the Harris magnitude, it is essential that the Coast Guard tion with appropriate representatives of indus- County Sheriffs Office and local city Police be fully funded. This bill will authorize $8.49 try, to conduct a feasibility study to determine Department marine divisions as well as CBP, billion in 2012, $8.6 billion in 2013, and $8.7 the capability, cost, and benefits of requiring ICE, Federal Bureau of Investigation, Bureau billion in 2014. It is certainly the duty of this the owner or operator of a manned facility, in- of Alcohol, Tobacco, Firearms, and Explosives Congress and the Administration to ensure the stallation, unit, or vessel to locate a standby and other Federal partners. Efforts are under- brave men and women who serve in the vessel nearby. I would have supported this way with The Coast Guards processes with Coast Guard have the resources necessary to amendment because although a properly de- neighboring sectors to align and streamline perform the wide range of duties assigned to signed and equipped standby vessel in the im- their operations across all jurisdictional bound- them. mediate vicinity of manned outer continental aries. They need funding to continue to serve This measure contains a private-sector shelf facilities may, in some cases, improve our country. mandate as defined in Unfunded Mandate Re- safety on the outer continental shelf. The Coast Guard relies on their port part- form Act (UMRA). The bill would require oper- In the event of a major casualty to an off- ners to act as both their eyes and ears on the ators to locate a standby vessel within 3 nau- shore installation, the immediate presence of a water. With an average of 350 daily tow move- tical miles of offshore oil and gas facilities properly designed and equipped standby ves- ments in the Houston Ship Channel and more when certain activities are being performed sel, manned by a specially trained crew, might than 100 waterfront facilities with a vigilant se- and within 12 nautical miles of facilities at all in some cases increase the chances of sur- curity presence, marine industry stakeholders other times. The cost of that mandate would vival of the installation’s crew members. We are well positioned to recognize when things depend on several factors. The bill would must not, however, forget the fact that histori- are out of the ordinary and serve as a valu- allow operators to share one standby vessel cally the main cause of rig and platform aban- able resource by diligently reporting breaches among multiple facilities and to use standby donment has been due to severe weather. Un- of security and suspicious activity. We also re- vessels for other purposes. For operators that less these standby vessels are designed to

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0636 Sfmt 9920 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7352 CONGRESSIONAL RECORD — HOUSE November 4, 2011 withstand those severe conditions, requiring Sec. 303. National security cutters. ability Trust Fund to carry out the purposes of them to remain on scene could place the ves- Sec. 304. Major acquisitions report. section 1012(a)(5) of the Oil Pollution Act of sels and their crews in jeopardy. In addition, it Sec. 305. Environmental compliance and res- 1990. toration backlog. (3) For the Coast Guard Reserve program, in- is severely risky to board a standby vessel in Sec. 306. Coast Guard auxiliarist enrollment eli- cluding personnel and training costs, equip- severe weather conditions. For these reasons gibility. ment, and services— I would support a feasibility study to determine Sec. 307. Decommissionings. (A) $136,778,000 for fiscal year 2012; the effectiveness of using standby vessels for Sec. 308. Assessment of needs for additional (B) $138,111,000 for fiscal year 2013; and manned stations. coast guard presence in high lati- (C) $139,311,000 for fiscal year 2014. In addition, I support the amendment offered tude regions. (4) For environmental compliance and restora- tion of Coast Guard vessels, aircraft, and facili- by Representative THOMPSON that would add Sec. 309. Limitation on expenditures. ties (other than parts and equipment associated a new section to the end of Title II in the bill Sec. 310. Restriction on the use of aircraft. TITLE IV—SHIPPING AND NAVIGATION with operation and maintenance)— to open admissions to the U.S. Coast Guard (A) $16,699,000 for fiscal year 2012; Academy to eligible candidates nominated by Sec. 401. Committee on the Marine Transpor- (B) $16,699,000 for fiscal year 2013; and Congress. tation System. (C) $16,700,000 for fiscal year 2014; Sec. 402. Report on determinations. Specifically, the amendment would require Sec. 403. Dockside examinations. to remain available until expended. (5) To the Commandant of the Coast Guard the U.S. Coast Guard to ensure that, begin- Sec. 404. Recourse for noncitizens. ning in academic year 2014, half of the incom- Sec. 405. Maritime liens on fishing permits. for research, development, test, and evaluation ing class is composed of eligible candidates Sec. 406. Short sea transportation. of technologies, materials, and human factors directly related to improving the performance of nominated by the Vice President or, if there is Sec. 407. Mission of the Maritime Administra- tion. the Coast Guard’s mission in search and rescue, no Vice President, by the President pro tem- aids to navigation, marine safety, marine envi- pore of the Senate; Senators; Representa- Sec. 408. Limitation on liability for non-Federal vessel traffic service operators. ronmental protection, enforcement of laws and tives; and Delegates to the House of Rep- treaties, ice operations, oceanographic research, resentatives. This will help to ensure that the TITLE V—FEDERAL MARITIME and defense readiness— COMMISSION Coast Guard has an even more diverse pool (A) $19,779,000 for fiscal year 2012; of candidate from across the United States. Sec. 501. Authorization of appropriations. (B) $19,848,000 for fiscal year 2013; and The Coast Guard has a proud legacy and TITLE VI—MISCELLANEOUS (C) $19,913,000 for fiscal year 2014; their role in our national strategy is vital to Sec. 601. Technical corrections. of which $650,000 for each of the fiscal years Sec. 602. Report on Coast Guard merchant mar- 2012, 2013, and 2014 shall be derived from the Oil keep our homeland secure. The safety and Spill Liability Trust Fund to carry out the pur- security of our nations and its citizens must be iner medical evaluation program. Sec. 603. Notice of arrival. poses of section 1012(a)(5) of the Oil Pollution our highest priority, despite difficult economic Sec. 604. Technical corrections to title 14. Act of 1990. circumstances. We need to make sure the Sec. 605. Distant water tuna fleet. SEC. 102. AUTHORIZED LEVELS OF MILITARY Coast Guard is fully funded, and have the re- Sec. 606. Waivers. STRENGTH AND TRAINING. sources they need. Sec. 607. Report on options to improve integra- (a) ACTIVE DUTY STRENGTH.—The Coast The CHAIR. All time for general de- tion of U.S. Coast Guard and Ca- Guard is authorized an end-of-year strength for bate has expired. nadian Coast Guard Great Lakes active duty personnel of 47,000 for each of the Pursuant to the rule, the bill shall be icebreaking operational informa- fiscal years 2012 through fiscal year 2014. (b) MILITARY TRAINING STUDENT LOADS.—The considered for amendment under the 5- tion. Sec. 608. Standby vessels. Coast Guard is authorized average military minute rule. Sec. 609. Cap on penalty wages. training student loads for the each of the fiscal In lieu of the amendment in the na- Sec. 610. Report on impediments to the U.S.-flag years 2012 through fiscal year 2014 as follows: ture of a substitute printed in the bill, registry. (1) For recruit and special training, 2,500 stu- it shall be in order to consider as an Sec. 611. Report on drug interdiction in the dent years. original bill for the purpose of amend- Caribbean basin. (2) For flight training, 165 student years. (3) For professional training in military and ment under the 5-minute rule an TITLE VII—COMMERCIAL VESSEL civilian institutions, 350 student years. DISCHARGES REFORM amendment in the nature of a sub- (4) For officer acquisition, 1,200 student years. stitute consisting of the text of the Sec. 701. Short title. TITLE II—COAST GUARD AND Sec. 702. Discharges from commercial vessels. Rules Committee Print dated October SERVICEMEMBER PARITY 28, 2011. That amendment in the nature Sec. 703. Discharges incidental to the normal operation of a covered vessel. SEC. 201. ACADEMY EMOLUMENTS. of a substitute shall be considered read. Section 195 of title 14, United States Code, is The text of the amendment in the na- Sec. 704. Conforming and technical amend- ments. amended— ture of a substitute is as follows: Sec. 705. Regulation of ballast water and inci- (1) in subsection (c)— H.R. 2838 dental discharges from a commer- (A) in the first sentence— SECTION 1. SHORT TITLE. cial vessel. (i) by striking ‘‘person’’ and inserting ‘‘for- (a) SHORT TITLE.—This Act may be cited as Sec. 706. Nonindigenous Aquatic Nuisance Pre- eign national’’; and the ‘‘Coast Guard and Maritime Transportation vention and Control Act of 1990. (ii) by striking ‘‘pay and allowances,’’ and in- serting ‘‘pay, allowances, and emoluments,’’; Act of 2011’’. TITLE I—AUTHORIZATION (b) TABLE OF CONTENTS.—The table of con- and SEC. 101. AUTHORIZATION OF APPROPRIATIONS. tents for this Act is as follows: (B) in the second sentence— Funds are authorized to be appropriated for (i) by striking ‘‘A person’’ and inserting ‘‘A Sec. 1. Short title. each of the fiscal years 2012, 2013, and 2014 for foreign national’’; and TITLE I—AUTHORIZATION necessary expenses of the Coast Guard as fol- (ii) by striking ‘‘pay and allowances,’’ and in- Sec. 101. Authorization of appropriations. lows: serting ‘‘pay, allowances, and emoluments,’’; Sec. 102. Authorized levels of military strength (1) For the operation and maintenance of the and and training. Coast Guard— (2) in subsection (d), by striking ‘‘A person’’ TITLE II—COAST GUARD AND (A) $6,819,505,000 for fiscal year 2012; and inserting ‘‘A foreign national’’. SERVICEMEMBER PARITY (B) $6,922,645,000 for fiscal year 2013; and SEC. 202. POLICY ON SEXUAL HARASSMENT AND Sec. 201. Academy emoluments. (C) $7,018,499,000 for fiscal year 2014; SEXUAL VIOLENCE. Sec. 202. Policy on sexual harassment and sex- of which $24,500,000 is authorized for each of (a) POLICY REQUIREMENT.—Chapter 9 of title ual violence. the fiscal years 2012, 2013, and 2014 to be derived 14, United States Code, is amended by adding at Sec. 203. Appointments of permanent commis- from the Oil Spill Liability Trust Fund to carry the end the following: sioned officers. out the purposes of section 1012(a)(5) of the Oil ‘‘§ 200. Policy on sexual harassment and sex- Sec. 204. Minor construction. Pollution Act of 1990 (33 U.S.C. 2712(a)(5)). ual violence Sec. 205. Treatment of reports of aircraft acci- (2) For the acquisition, construction, rebuild- ‘‘(a) REQUIRED POLICY.—The Commandant dent investigations. ing, and improvement of aids to navigation, shall direct the Superintendent of the Coast Sec. 206. Acquisition workforce expedited hiring shore and offshore facilities, vessels, and air- Guard Academy to prescribe a policy on sexual authority. craft, including related equipment thereto— harassment and sexual violence applicable to Sec. 207. Coast Guard housing report. (A) $1,503,980,000 for fiscal year 2012; the cadets and other personnel of the Coast Sec. 208. Advance procurement funding. (B) $1,505,312,000 for fiscal year 2013; and Guard Academy. TITLE III—COAST GUARD REFORM (C) $1,506,549,000 for fiscal year 2014; ‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.— Sec. 301. Repeals. to remain available until expended, of which The policy on sexual harassment and sexual vi- Sec. 302. Interference with Coast Guard trans- $20,000,000 for each of the fiscal years 2012, 2013, olence prescribed under this section shall in- missions. and 2014 shall be derived from the Oil Spill Li- clude specification of the following:

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7353 ‘‘(1) Programs to promote awareness of the in- ‘‘(C) A plan for the actions that are to be report of the investigation shall be treated in ac- cidence of rape, acquaintance rape, and other taken in the following Academy program year cordance with this section. sexual offenses of a criminal nature that involve regarding prevention of and response to sexual ‘‘(b) PUBLIC DISCLOSURE OF CERTAIN ACCI- cadets or other Academy personnel. harassment and sexual violence involving cadets DENT INVESTIGATION INFORMATION.— ‘‘(2) Procedures that a cadet should follow in or other Academy personnel. ‘‘(1) Subject to paragraph (2), the Com- the case of an occurrence of sexual harassment ‘‘(3) Each report under paragraph (1) for an mandant, upon request, shall publicly disclose or sexual violence, including— Academy program year that begins in an odd- unclassified tapes, scientific reports, and other ‘‘(A) if the cadet chooses to report an occur- numbered calendar year shall include the re- factual information pertinent to an aircraft ac- rence of sexual harassment or sexual violence, a sults of the survey conducted in that program cident investigation. specification of the person or persons to whom year under subsection (c)(2). ‘‘(2) The Commandant shall not disclose the the alleged offense should be reported and the ‘‘(4)(A) The Commandant shall transmit to the information requested in paragraph (1) unless options for confidential reporting; Board of Visitors of the Academy each report re- the Commandant determines— ‘‘(B) a specification of any other person whom ceived by the Commandant under this sub- ‘‘(A) that such tapes, reports, or other infor- the victim should contact; and section, together with the Commandant’s com- mation would be included within and releasable ‘‘(C) procedures on the preservation of evi- ments on the report. with the final accident investigation report; and dence potentially necessary for proof of criminal ‘‘(B) The Commandant shall transmit each ‘‘(B) that release of such tapes, reports, or sexual assault. such report, together with the Commandant’s other information— ‘‘(3) Procedures for disciplinary action in comments on the report, to the Committee on ‘‘(i) would not undermine the ability of acci- cases of alleged criminal sexual assault involv- Commerce, Science, and Transportation of the dent or safety investigators to continue to con- ing a cadet or other Academy personnel. Senate and the Committee on Transportation duct the investigation; and ‘‘(4) Any other sanction authorized to be im- and Infrastructure of the House of Representa- ‘‘(ii) would not compromise national security. posed in a substantiated case of sexual harass- tives.’’. ‘‘(3) A disclosure under paragraph (1) may not ment or sexual violence involving a cadet or (b) CONFORMING REPEAL.—Section 217 of the be made by or through officials with responsi- other Academy personnel in rape, acquaintance Coast Guard Authorization Act of 2010 (14 bility for, or who are conducting, a safety inves- rape, or any other criminal sexual offense, U.S.C. 93 note), and the item relating to such tigation with respect to the accident. whether forcible or nonforcible. section in the table of contents in section 1(b) of ‘‘(c) OPINIONS REGARDING CAUSATION OF ACCI- ‘‘(5) Required training on the policy for all ca- such Act, are repealed. DENT.—Following an aircraft accident referred dets and other Academy personnel, including (c) TECHNICAL AND CLERICAL AMENDMENTS.— to in subsection (a)— the specific training required for personnel who The analysis at the beginning of such chapter is ‘‘(1) if the evidence surrounding the accident process allegations of sexual harassment or sex- amended by adding at the end the following: is sufficient for the investigators who conduct ual violence involving Academy personnel. the accident investigation to come to an opinion ‘‘(c) ANNUAL ASSESSMENT.— ‘‘200. Policy on sexual harassment and sexual ‘‘(1) The Commandant shall direct the Super- violence.’’. as to the cause or causes of the accident, the intendent of the Academy to conduct at the final report of the accident investigation shall SEC. 203. APPOINTMENTS OF PERMANENT COM- set forth the opinion of the investigators as to Academy during each Academy program year an MISSIONED OFFICERS. the cause or causes of the accident; and assessment to determine the effectiveness of the Section 211 of title 14, United States Code, is ‘‘(2) if the evidence surrounding the accident policies, training, and procedures of the Acad- amended by adding at the end the following: is not sufficient for the investigators to come to emy with respect to sexual harassment and sex- ‘‘(d) For the purposes of this section, the term an opinion as to the cause or causes of the acci- ual violence involving Academy personnel. ‘original’, with respect to the appointment of a dent, the final report of the accident investiga- ‘‘(2) For the assessment at the Academy under member of the Coast Guard refers to that mem- tion shall include a description of those factors, paragraph (1) with respect to an Academy pro- ber’s most recent appointment in the Coast if any, that, in the opinion of the investigators, gram year that begins in an odd-numbered cal- Guard that is neither a promotion nor a demo- substantially contributed to or caused the acci- endar year, the Superintendent shall conduct a tion.’’. dent. survey of Academy personnel— SEC. 204. MINOR CONSTRUCTION. ‘‘(A) to measure— ‘‘(d) USE OF INFORMATION IN CIVIL PRO- (a) IN GENERAL.—Section 656 of title 14, ‘‘(i) the incidence, during that program year, CEEDINGS.—For purposes of any civil or criminal United States Code, is amended by adding at the of sexual harassment and sexual violence proceeding arising from an aircraft accident re- end the following: events, on or off the Academy reservation, that ferred to in subsection (a), any opinion of the ‘‘(d) MINOR CONSTRUCTION AND IMPROVE- have been reported to officials of the Academy; accident investigators as to the cause of, or the MENT.— and factors contributing to, the accident set forth in ‘‘(ii) the incidence, during that program year, ‘‘(1) Subject to the reporting requirements set the accident investigation report may not be of sexual harassment and sexual violence forth in paragraph (2), the Secretary may ex- considered as evidence in such proceeding, nor events, on or off the Academy reservation, that pend not more than $1,500,000 from amounts may such report be considered an admission of have not been reported to officials of the Acad- available for the operating expenses of the Coast liability by the United States or by any person emy; and Guard for minor construction and improvement referred to in such report. ‘‘(B) to assess the perceptions of Academy per- projects at any location. ‘‘(e) REGULATIONS.—The Commandant shall sonnel of— ‘‘(2) No later than 90 days after the end of prescribe regulations to carry out this section. ‘‘(i) the policies, training, and procedures on each fiscal year, the Secretary shall submit, to ‘‘(f) DEFINITIONS.—For purposes of this sec- sexual harassment and sexual violence involving the Committee on Commerce, Science, and tion— Academy personnel; Transportation of the Senate and the Committee ‘‘(1) the term ‘accident investigation’ means ‘‘(ii) the enforcement of such policies; on Transportation and Infrastructure of the any form of investigation by Coast Guard per- ‘‘(iii) the incidence of sexual harassment and House of Representatives, a report on each sonnel of an aircraft accident referred to in sub- sexual violence involving Academy personnel; project undertaken during the course of the pre- section (a), other than a safety investigation; and ceding fiscal year, for which the amount ex- and ‘‘(iv) any other issues relating to sexual har- pended under paragraph (1) exceeded $500,000.’’. ‘‘(2) the term ‘safety investigation’ means an assment and sexual violence involving Academy (b) CLERICAL AMENDMENT.— investigation by Coast Guard personnel of an personnel. (1) Section 656 of title 14, United States Code, aircraft accident referred to in subsection (a), ‘‘(d) ANNUAL REPORT.— is further amended in the heading by adding at that is conducted solely to determine the cause ‘‘(1) The Commandant shall direct the Super- the end the following: ‘‘; use of moneys appro- of the accident and to obtain information that intendent of the Academy to submit to the Com- priated for operating expenses for minor con- may prevent the occurrence of similar acci- mandant a report on sexual harassment and struction and improvement’’. dents.’’. sexual violence involving cadets or other per- (2) The analysis at the beginning of chapter (b) CLERICAL AMENDMENT.—The analysis at sonnel at the Academy for each Academy pro- 17 of such title is amended in the item relating the beginning of such chapter is amended by gram year. to section 656 by striking ‘‘waters.’’ and insert- adding at the end the following: ‘‘(2) Each report under paragraph (1) shall in- ing ‘‘waters; use of moneys appropriated for op- ‘‘678. Treatment of reports of aircraft accident clude, for the Academy program year covered by erating expenses for minor construction and im- investigations.’’. the report, the following: provement.’’. ‘‘(A) The number of sexual assaults, rapes, SEC. 206. ACQUISITION WORKFORCE EXPEDITED SEC. 205. TREATMENT OF REPORTS OF AIRCRAFT HIRING AUTHORITY. and other sexual offenses involving cadets or ACCIDENT INVESTIGATIONS. other Academy personnel that have been re- Section 404 of the Coast Guard Authorization (a) IN GENERAL.—Chapter 17 of title 14, Act of 2010 (Public Law 111–281; 124 Stat. 2950) ported to Academy officials during the program United States Code, is amended by adding at the is amended— year and, of those reported cases, the number end the following: that have been substantiated. (1) in subsection (a)(1), by striking ‘‘as short- ‘‘(B) The policies, procedures, and processes ‘‘§ 678. Treatment of reports of aircraft acci- age category positions;’’ and inserting ‘‘as posi- implemented by the Commandant and the lead- dent investigations tions for which there exists a shortage of can- ership of the Academy in response to sexual ‘‘(a) IN GENERAL.—Whenever the Com- didates or there is a critical hiring need;’’; and harassment and sexual violence involving cadets mandant conducts an accident investigation of (2) in subsection (b)— or other Academy personnel during the program an accident involving an aircraft under the ju- (A) by striking ‘‘paragraph’’ and inserting year. risdiction of the Commandant, the records and ‘‘section’’; and

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7354 CONGRESSIONAL RECORD — HOUSE November 4, 2011 (B) by striking ‘‘2012.’’ and inserting ‘‘2015.’’. broadcast or reception of a radio, microwave, or ‘‘(B) any changes to the costs of new assets SEC. 207. COAST GUARD HOUSING REPORT. other signal (including a signal from a global and legacy assets for that fiscal year, future fis- In conjunction with the transmittal by the positioning system) transmitted, retransmitted, cal years, or the total acquisition cost; President of the budget of the United States for or augmented by the Coast Guard for the pur- ‘‘(5) a justification for how any change to fiscal year 2013, the Commandant of the Coast pose of maritime safety is— such program fulfills the mission needs and per- Guard shall submit to the Committee on Com- ‘‘(1) guilty of a class E felony; and formance goals of the Coast Guard; merce, Science, and Transportation of the Sen- ‘‘(2) subject to civil penalty of not more than ‘‘(6) a description of how the Coast Guard is ate and the Committee on Transportation and $1,000 per day for each violation.’’. planning for the integration of each new asset Infrastructure of the House of Representatives a SEC. 303. NATIONAL SECURITY CUTTERS. acquired under such program into the Coast report on the status of Coast Guard servicemem- (a) IN GENERAL.—Subchapter I of chapter 15 Guard, including needs related to shore-based ber housing, including— of title 14, United States Code is amended by infrastructure and human resources; (1) a statement of the Coast Guard’s housing adding at the end the following new section: ‘‘(7) an identification of how funds in that fis- needs requirements; ‘‘§ 569a. National security cutters cal year’s budget request will be allocated, in- cluding information on the purchase of specific (2) an assessment of the condition of the Coast ‘‘(a) SIXTH NATIONAL SECURITY CUTTER.—The assets; Guard’s current housing inventory, including Commandant may not begin production of a ‘‘(8) a projection of the remaining operational both leased and owned property; sixth national security cutter on any date before lifespan and lifecycle cost of each legacy asset (3) an assessment of housing available for which the Commandant— that also identifies any anticipated resource Coast Guard use from surrounding communities ‘‘(1) has acquired a sufficient number of Long gaps; and other government agencies for all duty sta- Range Interceptor II and Cutter Boat Over the ‘‘(9) a detailed explanation of how the costs of tions; Horizon IV small boats for each of the first three the legacy assets are being accounted for within (4) a list of housing capacity shortfalls and national security cutters and has submitted to excess; and such program; the Committee on Commerce, Science, and ‘‘(10) an annual performance comparison of (5) a revised prioritized list of housing mainte- Transportation of the Senate and the Committee nance and recapitalization projects. new assets to legacy assets; and on Transportation and Infrastructure of the ‘‘(11) an identification of the scope of the an- SEC. 208. ADVANCE PROCUREMENT FUNDING. House of Representatives a plan to provide such ticipated acquisitions workload for the next fis- (a) IN GENERAL.—Subchapter II of chapter 15 boats upon the date of delivery of each subse- cal year; the number of officers, members, and of title 14, United States Code, is amended by quent national security cutter; employees of the Coast Guard currently as- ‘‘(2) has achieved the goal of 225 days away adding at the end the following: signed to positions in the acquisition workforce; from homeport for each of the first two national ‘‘§ 577. Advance procurement funding and a determination on the adequacy of the security cutters; and current acquisition workforce to meet that an- ‘‘With respect to any Coast Guard vessel for ‘‘(3) has submitted to the Committee on Com- ticipated workload, including the specific posi- which amounts are appropriated or otherwise merce, Science, and Transportation of the Sen- tions that are or will be understaffed, and ac- made available for vessels for the Coast Guard ate and the Committee on Transportation and tions that will be taken to correct such under- in any fiscal year, the Commandant, subject to Infrastructure of the House of Representatives a staffing. section 569a, may enter into a contract or place program execution plan detailing increased aer- ‘‘(c) CUTTERS NOT MAINTAINED IN CLASS.— an order, in advance of a contract or order for ial coverage to support national security cutter Each report under subsection (a) shall identify construction of a vessel, for— operations. which, if any, Coast Guard cutters that have ‘‘(1) materials, parts, components, and labor ‘‘(b) SEVENTH NATIONAL SECURITY CUTTER.— been issued a certificate of classification by the for the vessel; The Commandant may not begin production of American Bureau of Shipping have not been ‘‘(2) the advance construction of parts or com- a seventh national security cutter on any date maintained in class with an explanation detail- ponents for the vessel; before which the Commandant has selected an ing the reasons why they have not been main- ‘‘(3) protection and storage of materials, parts, offshore patrol cutter that meets at least the tained in class. or components for the vessel; and minimum operational requirements set out in the ‘‘(d) DEFINITION.—For the purposes of this ‘‘(4) production planning, design, and other Operational Requirements Document approved section, the term ‘major acquisition program’ related support services that reduce the overall by the department in which the Coast Guard is means an ongoing acquisition undertaken by procurement lead time of the vessel.’’. operating on October 20, 2010.’’. the Coast Guard with a life-cycle cost estimate (b) CLERICAL AMENDMENT.—The analysis at (b) CLERICAL AMENDMENT.—The analysis at the beginning of such chapter is amended by the beginning of such chapter is amended by greater than or equal to $300,000,000.’’. (b) CLERICAL AMENDMENT.—The analysis at adding at the end of the items relating to such adding at the end of the items relating to such the beginning of such chapter is further amend- subchapter the following: subchapter the following: ‘‘577. Advance procurement funding.’’. ed by adding at the end of the items relating to ‘‘569a. National security cutters.’’. such subchapter the following: TITLE III—COAST GUARD REFORM SEC. 304. MAJOR ACQUISITIONS REPORT. ‘‘569b. Major acquisitions report.’’. SEC. 301. REPEALS. (a) IN GENERAL.—Subchapter I of chapter 15 (c) REPEAL.— (a) DISTRICT OMBUDSMAN.—Section 55 of title of title 14, United States Code, is further amend- (1) Section 408 of the Coast Guard and Mari- 14, United States Code, and the item relating to ed by adding at the end the following: time Transportation Act of 2006 (120 Stat. 537) is such section in the analysis for chapter 3 of ‘‘§ 569b. Major acquisitions report amended by striking subsection (a). such title, are repealed. ‘‘(a) MAJOR ACQUISITION PROGRAMS IMPLE- (2) Title 14, United States Code, is amended— (b) FAA AIR AIDS TO NAVIGATION.—Section 82 MENTATION REPORT.—In conjunction with the (A) in section 562, by striking subsection (e) of title 14, United States Code, and the item re- transmittal by the President of the budget of the and redesignating subsections (f) and (g) as sub- lating to such section in the analysis for chapter United States for fiscal year 2013 and every two sections (e) and (f), respectively; and 5 of such title, are repealed. fiscal years thereafter, the Secretary shall sub- (B) in section 573(c)(3), by striking subpara- (c) OCEAN STATIONS.—Section 90 of title 14, mit to the Committee on Commerce, Science, and graph (B). United States Code, and the item relating to Transportation of the Senate and the Committee SEC. 305. ENVIRONMENTAL COMPLIANCE AND such section in the analysis for chapter 5 of on Transportation and Infrastructure of the RESTORATION BACKLOG. such title, are repealed. House of Representatives a report on the status (a) IN GENERAL.—Section 693 of title 14, (d) DETAIL OF MEMBERS TO ASSIST FOREIGN of all major acquisition programs. United States Code, is amended to read as fol- GOVERNMENTS.—Section 149(a) of title 14, ‘‘(b) INFORMATION TO BE INCLUDED.—The re- lows: United States Code, is amended by striking the port shall include for each major acquisition ‘‘§ 693. Annual report to Congress second and third sentences. program— (e) ADVISORY COMMITTEE.—Section 193 of title ‘‘(1) a statement of Coast Guard’s mission ‘‘The Commandant of the Coast Guard shall 14, United States Code, and the item relating to needs and performance goals for such program, submit to the Committee on Transportation and such section in the analysis for chapter 9 of including a justification for any change to those Infrastructure of the House of Representatives such title, are repealed. needs and goals from any report previously sub- and the Committee on Commerce, Science, and (f) HISTORY FELLOWSHIPS.—Section 198 of title mitted under this subsection; Transportation of the Senate the prioritized list 14, United States Code, and the item relating to ‘‘(2) a justification for how the projected num- of projects eligible for environmental compliance such section in the analysis for chapter 9 of ber and capabilities of each planned acquisition and restoration funding for each fiscal year such title, are repealed. program asset meets those mission needs and concurrent with the President’s budget submis- (g) ACQUISITION AWARDS.—Section 563 of title performance goals; sion for that fiscal year.’’. 14, United States Code, and the item relating to ‘‘(3) an identification of any and all mission (b) CLERICAL AMENDMENT.—The analysis for such section in the analysis for chapter 15 of hour gaps, accompanied by an explanation on chapter 19 of such title is amended by striking such title, are repealed. how and when the Coast Guard will close those the item for such section and inserting the fol- SEC. 302. INTERFERENCE WITH COAST GUARD gaps; lowing: TRANSMISSIONS. ‘‘(4) an identification of any changes to such ‘‘693. Annual report to Congress.’’. Section 88 of title 14, United States Code, is program, including— SEC. 306. COAST GUARD AUXILIARIST ENROLL- amended by adding the following: ‘‘(A) any changes to the timeline for the ac- MENT ELIGIBILITY. ‘‘(e) An individual who knowingly and will- quisition of each new asset and the phase out of Section 823 of title 14, United States Code, is fully operates a device that interferes with the legacy assets; and amended by striking ‘‘citizens of the United

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7355 States and its territories and possessions,’’ and TITLE IV—SHIPPING AND NAVIGATION ed by inserting after the item relating to section inserting ‘‘nationals of the United States (as SEC. 401. COMMITTEE ON THE MARINE TRANS- 55501 the following: such term is defined in section 101(a)(22) of the PORTATION SYSTEM. ‘‘55502. Committee on the Marine Transpor- Immigration and Nationality Act (8 U.S.C. (a) IN GENERAL.—Chapter 555 of title 46, tation System.’’. 1101(a)(22)) and aliens lawfully admitted for United States Code, is amended by adding at the SEC. 402. REPORT ON DETERMINATIONS. permanent residence (as such term is defined in end the following: Not later than 180 days after the date of en- section 101(a)(20) of such Act (8 U.S.C. 1101 ‘‘§ 55502. Committee on the Marine Transpor- actment of this Act, the Secretary of the depart- (a)(20))),’’. tation System ment in which the Coast Guard is operating SEC. 307. DECOMMISSIONINGS. ‘‘(a) ESTABLISHMENT.—There is established a shall provide to the Committee on Transpor- (a) POLAR SEA.—Not later than 6 months after Committee on the Marine Transportation System tation and Infrastructure of the House of Rep- the date of enactment of this Act, the Com- (in this section referred to as the ‘Committee’). resentatives and the Committee on Commerce, mandant of the Coast Guard shall decommission ‘‘(b) PURPOSE.—The Committee shall— Science, and Transportation of the Senate a re- the USCGC POLAR SEA (WAGB 11). ‘‘(1) assess the adequacy of the marine trans- port on— (b) POLAR STAR.—Not later than 3 years after portation system (including ports, waterways, (1) the loss of United States shipyard jobs and the date of enactment of this Act, the Com- channels, and their intermodal connections); industrial base expertise as a result of rebuild, mandant of the Coast Guard shall decommission ‘‘(2) develop and implement policies to pro- conversion, and double-hull work on United the USCGC POLAR STAR (WAGB 10). mote an efficient marine transportation system; States-flag vessels eligible to engage in the SEC. 308. ASSESSMENT OF NEEDS FOR ADDI- and coastwise trade being performed in foreign ship- TIONAL COAST GUARD PRESENCE IN ‘‘(3) coordinate policies among Federal agen- yards; HIGH LATITUDE REGIONS. cies to promote an efficient marine transpor- (2) enforcement of the Coast Guard’s foreign Not later than 60 days after the date of enact- tation system. rebuild determination regulations; and ment of this Act, the Secretary of the depart- ‘‘(c) MEMBERSHIP.— (3) recommendations for improving the trans- ment in which the Coast Guard is operating ‘‘(1) IN GENERAL.—The Committee shall consist parency in the Coast Guard’s foreign rebuild de- shall submit a report to the Committee on Com- of the Secretary of Transportation, the Sec- termination process. retary of Defense, the Secretary of Homeland merce, Science, and Transportation of the Sen- SEC. 403. DOCKSIDE EXAMINATIONS. Security, the Secretary of Commerce, the Sec- ate and the Committee on Transportation and (a) IN GENERAL.—Section 4502(f) of title 46, retary of the Treasury, the Secretary of State, Infrastructure of the House of Representatives United States Code, is amended— the Secretary of the Interior, the Secretary of assessing the need for additional Coast Guard (1) in paragraph (2) by striking ‘‘at least once Agriculture, the Attorney General, the Secretary prevention and response capability in the high every 2 years’’ and inserting ‘‘at least once of Labor, the Secretary of Energy, the Adminis- latitude regions. The assessment shall address every 5 years’’; trator of the Environmental Protection Agency, needs for all Coast Guard mission areas, includ- (2) by striking ‘‘and’’ after the semicolon at the Chairman of the Federal Maritime Commis- ing search and rescue, marine pollution re- the end of paragraph (1); sion, and the head of any other Federal agency sponse and prevention, fisheries enforcement, (3) by striking the period at the end of para- that the Committee Chair, with the approval of and maritime commerce. The Secretary shall in- graph (2) and inserting ‘‘; and’’; and clude in the report— a majority of the voting members of the Com- (4) by adding at the end the following: (1) an assessment of the high latitude oper- mittee, determines can further the purpose and ‘‘(3) shall complete the first examination of a ating capabilities of all current Coast Guard as- activities of the Committee. dockside vessel under this section no later than ‘‘(2) EX-OFFICIO MEMBERS.—The Committee sets other than icebreakers, including assets ac- October 15, 2015.’’. may also consist of so many nonvoting members quired under the Deepwater program; (b) DATABASE.—Section 4502(g)(4) of title 46, as the Committee Chair, with the approval of a (2) an assessment of projected needs for Coast United States Code, is amended by striking ‘‘a majority of the voting members of the Com- Guard operations in the high latitude regions; publicly accessible’’ and inserting ‘‘an’’. mittee, determines is appropriate to further the and purpose and activities of the Committee. SEC. 404. RECOURSE FOR NONCITIZENS. (3) an assessment of shore infrastructure, per- ‘‘(3) CHAIRMAN.—The Chair of the Committee Section 30104 of title 46, United States Code, is sonnel, logistics, communications, and resources shall rotate each year among the Secretary of amended— requirements to support Coast Guard operations Transportation, the Secretary of Defense, the (1) by inserting ‘‘(a) IN GENERAL.—’’ before in the high latitude regions, including forward Secretary of Homeland Security, and the Sec- the first sentence; and operating bases and existing infrastructure in retary of Commerce. The order of rotation shall (2) by adding at the end the following new the furthest north locations that are ice free, or be determined with the approval of a majority of subsection: nearly ice free, year round. the voting members of the Committee. ‘‘(b) RESTRICTION ON RECOVERY FOR NON- SEC. 309. LIMITATION ON EXPENDITURES. ‘‘(d) SUPPORT.— RESIDENT ALIENS EMPLOYED ON FOREIGN PAS- Section 149(d) of title 14, United States Code, ‘‘(1) COORDINATING BOARD.—Each member of SENGER VESSELS.—A claim for damages or ex- is amended by adding at the end the following: the Committee may select a senior level rep- penses relating to personal injury, illness, or ‘‘(3) The amount of funds used under this resentative to serve on a coordinating board death of a seaman who is a citizen of a foreign subsection may not exceed $100,000 in any fiscal which shall assist the Committee in carrying out nation, arising during or from the engagement year.’’. its purpose and activities. of the seaman by or for a passenger vessel duly registered under the laws of a foreign nation, SEC. 310. RESTRICTION ON THE USE OF AIR- ‘‘(2) EXECUTIVE DIRECTOR.—The Secretary of CRAFT. Transportation, in consultation with the Sec- may not be brought under the laws of the United States if— (a) RESTRICTION.—Except as provided in sub- retary of Defense, the Secretary of Homeland ‘‘(1) such seaman was not a permanent resi- section (b), the Secretary of the department in Security, and the Secretary of Commerce, shall dent alien of the United States at the time the which the Coast Guard is operating and the select an executive director to assist the Com- claim arose; Commandant of the Coast Guard may not travel mittee in carrying out its purpose and activities. ‘‘(2) the injury, illness, or death arose outside aboard any Coast Guard owned or operated ‘‘(e) MARINE TRANSPORTATION SYSTEM ASSESS- the territorial waters of the United States; and fixed-wing aircraft if the Secretary has not pro- MENT AND STRATEGY.—Not later than one year ‘‘(3) the seaman or the seaman’s personal rep- vided the Committee on Transportation and In- after the date of enactment of this Act and resentative has or had a right to seek compensa- frastructure of the House of Representatives and every 5 years thereafter, the Committee shall tion for the injury, illness, or death in, or under the Committee on Commerce, Science, and provide a report to Congress which includes— ‘‘(1) steps taken to implement actions rec- the laws of— Transportation of the Senate all of the fol- ommended in the July 2008 ‘National Strategy ‘‘(A) the nation in which the vessel was reg- lowing: for the Marine Transportation System: A istered at the time the claim arose; or (1) A cost-constrained Fleet Mix Analysis. Framework for Action’; ‘‘(B) the nation in which the seaman main- (2) The study of Coast Guard current and ‘‘(2) an assessment of the condition of the ma- tained citizenship or residency at the time the planned cutters conducted by the Office of Pro- rine transportation system; claim arose.’’. gram Analysis and Evaluation of the Depart- ‘‘(3) a discussion of the challenges the system ment of Homeland Security at the request of the SEC. 405. MARITIME LIENS ON FISHING PERMITS. faces in meeting user demand; (a) IN GENERAL.—Subchapter I of chapter 313 Office of Management and Budget. ‘‘(4) a plan with recommended actions for im- (b) EXCEPTION.—The Secretary and the Com- of title 46, United States Code, is amended by proving the marine transportation system to adding at the end the following: mandant may travel aboard a Coast Guard meet current and future challenges; and owned and operated fixed-wing aircraft— ‘‘(5) steps taken to implement actions rec- ‘‘§ 31310. Limitation on maritime liens on fish- (1) to respond to a major disaster or emer- ommended in previous reports required under ing permit and permit description gency declared under section 401 of the Robert this subsection. ‘‘(a) IN GENERAL.—This chapter— T. Stafford Disaster Relief and Emergency As- ‘‘(f) CONSULTATION.—In carrying out its pur- ‘‘(1) does not establish a maritime lien on a sistance Act (42 U.S.C. 5170); pose and activities, the Committee may consult permit that— (2) to respond to a discharge classified as a with the Marine Transportation System Na- ‘‘(A) authorizes a person or use of a vessel to spill of national significance under part 300.323 tional Advisory Council, interested parties, and engage in fishing; and of title 40, Code of Federal Regulations; or the public.’’. ‘‘(B) is issued under State or Federal law; and (3) for evacuation purposes including for a (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(2) does not authorize any civil action to en- medical emergency. tions at the beginning of such chapter is amend- force a maritime lien on such a permit.

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‘‘(b) FISHING PERMIT DESCRIBED.—A fishing son acting in accordance with operational pro- Seafarers, 1978, that enter into force on January permit— cedures approved by the Coast Guard at such a 1, 2012, will require changes to the Coast ‘‘(1) is governed solely by the State or Federal non-Federal service, shall not be liable for dam- Guard’s merchant mariner medical evaluation law under which it was issued; and ages caused by or related to information, advice, program. ‘‘(2) is not included in the whole of a vessel or or communication assistance provided by such SEC. 603. NOTICE OF ARRIVAL. as an appurtenance or intangible of a vessel for entity or person while so operating or acting un- The regulations required under section 109(a) any purpose. less the acts or omissions of such entity or per- of Public Law 109–347 (33 U.S.C. 1223 note) on ‘‘(c) LIMITATION ON STATUTORY CONSTRUC- son constitute gross negligence or willful mis- notice of arrival for foreign vessels on the Outer TION.—Nothing in subsections (a) and (b) shall conduct.’’. Continental Shelf shall not apply to a vessel be construed as imposing any limitation upon (b) CLERICAL AMENDMENT.—The analysis at documented under section 12105 of title 46, the authority of the Secretary of Commerce to the beginning of chapter 23 of such title is United States Code, unless such vessel arrives modify, suspend, revoke, or sanction any Fed- amended by striking the item relating to section from a foreign port or place. eral fishery permit issued by the Secretary of 2307 and inserting the following: SEC. 604. TECHNICAL CORRECTIONS TO TITLE 14. Commerce or to bring a civil action to enforce ‘‘2307. Limitation on liability for Coast Guard Chapter 1 of title 14, United States Code, is such modification, suspension, revocation, or Vessel Traffic Service pilots and amended to read as follows: sanction.’’. non-Federal vessel traffic service ‘‘CHAPTER 1—ESTABLISHMENT AND (b) CLERICAL AMENDMENT.—The table of sec- operators.’’. DUTIES tions at the beginning of such chapter is amend- TITLE V—FEDERAL MARITIME ed by inserting after the item relating to section ‘‘Sec. COMMISSION ‘‘1. Establishment of Coast Guard. 31309 the following: SEC. 501. AUTHORIZATION OF APPROPRIATIONS. ‘‘2. Primary duties. ‘‘31310. Limitation on maritime liens on fishing ‘‘3. Department in which the Coast Guard oper- Section 501 of the Coast Guard and Maritime permit and permit description.’’. ates. Transportation Act of 2004 (Public Law 108–293; ‘‘4. Secretary defined. SEC. 406. SHORT SEA TRANSPORTATION. 118 Stat. 1049) is amended by striking ‘‘Commis- (a) PURPOSE OF PROGRAM AND PROJECTS; RE- sion—’’ and all that follows through the period ‘‘§ 1. Establishment of Coast Guard AUTHORIZATION; TERMINATION.—Section 55601 of at the end of the section and inserting ‘‘Commis- ‘‘The Coast Guard shall be a military service title 46, United States Code, is amended— sion for each of the fiscal years 2012 through and a branch of the armed forces of the United (1) in subsection (a), by striking ‘‘landside 2015, $24,000,000.’’. States at all times. congestion.’’ and inserting ‘‘landside congestion TITLE VI—MISCELLANEOUS ‘‘§ 2. Primary duties and to promote increased use of the navigable ‘‘The Coast Guard shall— waters of the United States for transportation of SEC. 601. TECHNICAL CORRECTIONS. ‘‘(1) enforce or assist in the enforcement of all passengers or freight (or both).’’; (a) TITLE 14.—Title 14, United States Code, is applicable Federal laws on, under, and over the (2) in subsection (c), by inserting ‘‘and to pro- amended— high seas and waters subject to the jurisdiction mote waterborne transportation between ports (1) in section 564, by striking subsection (d); of the United States; within the United States’’ after ‘‘coastal cor- and ‘‘(2) engage in maritime air surveillance or ridors’’; (2) in section 569(a), by striking ‘‘and annu- interdiction to enforce or assist in the enforce- (3) in subsection (d), by striking ‘‘that the ally thereafter,’’. ment of the laws of the United States; project may—’’ and all that follows through the (b) STUDY OF BRIDGES.—Section 905 of the ‘‘(3) administer laws and promulgate and en- end of the subsection and inserting ‘‘that the Coast Guard Authorization Act of 2010 (Public force regulations for the promotion of safety of project uses documented vessels and— Law 111–281; 124 Stat. 3012) is amended to read life and property on and under the high seas ‘‘(1) mitigates landside congestion; or as follows: and waters subject to the jurisdiction of the ‘‘(2) promotes waterborne transportation be- ‘‘SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE United States covering all matters not specifi- tween ports of the United States.’’; WATERS. cally delegated by law to some other executive (4) by striking subsection (f) and redesig- ‘‘The Commandant of the Coast Guard shall department; nating subsection (g) as subsection (f); submit to the Committee on Commerce, Science, ‘‘(4) develop, establish, maintain, and operate, (5) in subsection (f), as so redesignated, by and Transportation of the Senate and the Com- with due regard to the requirements of national adding at the end the following— mittee on Transportation and Infrastructure of defense, aids to maritime navigation, ice-break- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— the House of Representatives a comprehensive ing facilities, and rescue facilities for the pro- There is authorized to be appropriated not more study on the construction or alteration of any motion of safety on, under, and over the high than $5,000,000 for each of the fiscal years 2012 bridge, drawbridge, or causeway over the navi- seas and waters subject to the jurisdiction of the through fiscal year 2017 for grants under this gable waters of the United States with a chan- United States; subsection.’’; and nel depth of 25 feet or greater that may impede ‘‘(5) pursuant to international agreements, de- (6) by adding at the end the following: or obstruct future navigation to or from port fa- velop, establish, maintain, and operate ‘‘(g) TERMINATION OF AUTHORITY.—Authority cilities, for which a permit under the Act of icebreaking facilities on, under, and over waters granted to the Secretary under this section shall March 23, 1906 (chapter 1130; 33 U.S.C. 491 et other than the high seas and waters subject to terminate September 30, 2017.’’. seq.), popularly known as the Bridge Act of the jurisdiction of the United States; (b) SHORT SEA TRANSPORTATION DEFINITION.— 1906, was requested on or after January 1, 2006 ‘‘(6) engage in oceanographic research of the Section 55605 of title 46, United States Code, is and on or before August 3, 2011.’’. high seas and in waters subject to the jurisdic- amended by striking ‘‘means the carriage by SEC. 602. REPORT ON COAST GUARD MERCHANT tion of the United States; and vessel of cargo—’’ and inserting ‘‘means the car- MARINER MEDICAL EVALUATION ‘‘(7) maintain a state of readiness to function riage of passengers or freight (or both) by a ves- PROGRAM. as a specialized service in the Navy in time of sel documented under the laws of the United (a) IN GENERAL.—Not later than 180 days war, including the fulfillment of Maritime De- States—’’. after the date of enactment of this Act, the Com- fense Zone command responsibilities. SEC. 407. MISSION OF THE MARITIME ADMINIS- mandant of the Coast Guard shall submit to the ‘‘§ 3. Department in which the Coast Guard TRATION. Committee on Transportation and Infrastruc- operates Section 109(a) of title 49, United States Code, ture of the House of Representatives and the ‘‘(a) The Coast Guard shall be a service in the is amended— Committee on Commerce, Science, and Transpor- Department of Homeland Security, except when (1) in the subsection heading by striking ‘‘OR- tation of the Senate a report on the Coast Guard operating as a service in the Navy. GANIZATION’’ and inserting ‘‘ORGANIZATION AND National Maritime Center’s merchant mariner ‘‘(b) Upon the declaration of war if Congress MISSION’’; and medical evaluation program and alternatives to so directs in the declaration or when the Presi- (2) by inserting at the end the following: ‘‘The the program. dent directs, the Coast Guard shall operate as a mission of the Maritime Administration is to fos- (b) CONTENTS.—The report required under service in the Navy, and shall so continue until ter, promote, and develop the domestic merchant subsection (a) shall include the following: the President, by Executive order, transfers the maritime industry of the United States.’’. (1) An overview of the adequacy of the pro- Coast Guard back to the Department of Home- SEC. 408. LIMITATION ON LIABILITY FOR NON- gram for making medical certification deter- land Security. While operating as a service in FEDERAL VESSEL TRAFFIC SERVICE minations for issuance of merchant mariners’ the Navy, the Coast Guard shall be subject to OPERATORS. documents. the orders of the Secretary of the Navy, who (a) IN GENERAL.—Section 2307 of title 46, (2) An analysis of how a system similar to the may order changes in Coast Guard operations to United States Code, is amended— Federal Motor Carrier Safety Administration’s render them uniform, to the extent such Sec- (1) by inserting ‘‘(a) COAST GUARD VESSEL National Registry of Certified Medical Exam- retary deems advisable, with Navy operations. TRAFFIC SERVICE PILOTS’’ before ‘‘Any pilot’’; iners program, and the Federal Aviation Admin- ‘‘(c) Whenever the Coast Guard operates as a and istration’s Designated Aviation Medical Exam- service in the Navy: (2) by adding at the end the following: iners program, could be applied by the Coast ‘‘(1) applicable appropriations of the Navy ‘‘(b) NON-FEDERAL VESSEL TRAFFIC SERVICE Guard to make medical fitness determinations Department shall be available for the expense of OPERATORS.—An entity operating a non-Federal for issuance of merchant mariners’ documents. the Coast Guard; vessel traffic information service or advisory (3) An explanation of how the amendments to ‘‘(2) applicable appropriations of the Coast service pursuant to a duly executed written the International Convention on Standards of Guard shall be available for transfer to the agreement with the Coast Guard, and any per- Training, Certification and Watchkeeping for Navy Department;

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7357 ‘‘(3) precedence between commissioned officers pire on the date of the sale of the vessel by the ‘‘(2) use of a standby vessel for other pur- of corresponding grades in the Coast Guard and owner of the vessel on the date of enactment of poses.’’. the Navy shall be determined by the date of this Act to a person who is not related by own- (b) CLERICAL AMENDMENT.—The table of rank stated by their commissions in those ership or control to such owner. chapters at the beginning of such subtitle is grades; (c) OPERATION OF A DRY DOCK.—A vessel amended by adding at the end the following: ‘‘(4) personnel of the Coast Guard shall be eli- transported in Dry Dock #2 (State of Alaska ‘‘807. Standby vessels ...... 80701’’. gible to receive gratuities, medals, and other in- registration AIDEA FDD–2) is not merchandise (c) EFFECTIVE DATE.—The amendments made for purposes of section 55102 of title 46, United signia of honor on the same basis as personnel by this section shall take effect one year after States Code, if, during such transportation, Dry in the naval service or serving in any capacity the date of enactment of this Act. with the Navy; and Dock #2 remains connected by a utility or other (d) REGULATIONS.— ‘‘(5) the Secretary may place on furlough any connecting line to pierside moorage. (1) IN GENERAL.—The Secretary of the depart- officer of the Coast Guard and officers on fur- SEC. 607. REPORT ON OPTIONS TO IMPROVE IN- ment in which the Coast Guard is operating lough shall receive one half of the pay to which TEGRATION OF U.S. COAST GUARD may promulgate regulations to implement the they would be entitled if on leave of absence, AND CANADIAN COAST GUARD GREAT LAKES ICEBREAKING OPER- amendments made by this section. but officers of the Coast Guard Reserve shall not (2) EXISTING REGULATIONS.—Until such time be so placed on furlough. ATIONAL INFORMATION. Within 180 days after the date of enactment of as the Secretary promulgates regulations to im- ‘‘§ 4. Secretary defined this Act, the Commandant of the Coast Guard plement the amendments made by this section, ‘‘In this title, the term ‘Secretary’ means the shall report to the Committee on Commerce, the requirements of subpart E of part 143 of title Secretary of the respective department in which Science, and Transportation of the Senate and 33, Code of Federal Regulations, as in effect on the Coast Guard is operating.’’. the Committee on Transportation and Infra- the date of enactment of this Act, including the SEC. 605. DISTANT WATER TUNA FLEET. structure of the House of Representatives on op- requirements that must be met by a standby ves- Section 421 of the Coast Guard and Maritime tions to improve the integration of the Great sel, shall apply to standby vessels required Transportation Act of 2006 (Public Law 109–241; Lakes icebreaking operational information of under the amendments. 120 Stat. 548) is amended— the United States Coast Guard and Canadian SEC. 609. CAP ON PENALTY WAGES. (1) by striking subsection (b) and inserting the Coast Guard to improve the safety, economic se- (a) FOREIGN AND INTERCOASTAL VOYAGES.— following: curity, and efficiency of Great Lakes Section 10313(g) of title 46, United States Code, ‘‘(b) LICENSING RESTRICTIONS.— icebreaking activities of both services. is amended— ‘‘(1) IN GENERAL.—Subsection (a)(1) only ap- SEC. 608. STANDBY VESSELS. (1) in paragraph (2)— plies to a foreign citizen that holds a credential (a) IN GENERAL.—Subtitle VIII of title 46, (A) by striking ‘‘all claims in a class action that is equivalent to the credential issued by the United States Code, is amended by adding at the suit by seamen’’ and inserting ‘‘each claim by a Coast Guard to a United States citizen for the end thereof the following new chapter: seaman’’; and position, with respect to requirements for experi- ‘‘CHAPTER 807—STANDBY VESSELS (B) by striking ‘‘the seamen’’ and inserting ence, training, and other qualifications. ‘‘Sec. ‘‘the seaman’’; and ‘‘(2) TREATMENT OF LICENSE.—An equivalent ‘‘80701. Standby vessels. (2) in paragraph (3), by striking ‘‘class ac- credential under paragraph (1) shall be consid- tion’’. ‘‘§ 80701. Standby vessels ered as meeting the requirements of section 8304 (b) COASTWISE VOYAGES.—Section 10504(c) of of title 46, United States Code, but only while a ‘‘(a) IN GENERAL.—The owner or operator of a such title is amended— person holding the credential is in the service of manned facility, installation, unit, or vessel (1) in paragraph (2)— the vessel to which this section applies.’’; and shall locate a standby vessel— (A) by striking ‘‘all claims in a class action (2) in subsection (d) by striking ‘‘on December ‘‘(1) not more than 3 nautical miles from such suit by seamen’’ and inserting ‘‘each claim by a 31, 2012’’ and inserting ‘‘on the date the Treaty manned facility, installation, unit, or vessel seaman’’; and on Fisheries Between the Governments of Cer- while it is performing drilling, plugging, aban- (B) by striking ‘‘the seamen’’ and inserting tain Pacific Island States and the Government doning, or workover operations; and ‘‘the seaman’’; and ‘‘(2) not more than 12 nautical miles from such of the United States of America ceases to have (2) in paragraph (3), by striking ‘‘class ac- manned facility, installation, unit, or vessel effect for any party under Article 12.6 or 12.7 of tion’’. while it is performing operations other than such treaty, as in effect on the date of enact- SEC. 610. REPORT ON IMPEDIMENTS TO THE U.S.- drilling, plugging, abandoning, or workover op- ment of the Coast Guard and Maritime Trans- FLAG REGISTRY. erations. portation Act of 2011’’. (a) REPORT.—Not later than 180 days after the ‘‘(b) IMPROVED STANDBY VESSEL RESPONSE date of enactment of this Act, the Commandant SEC. 606. WAIVERS. TIME.— of the Coast Guard shall submit to the Com- (a) IN GENERAL.—Notwithstanding sections ‘‘(1) IN GENERAL.—A Coast Guard District 12112 and 12132 and chapter 551 of title 46, Commander may reduce the distances prescribed mittee on Transportation and Infrastructure of United States Code, the Secretary of the depart- in subsection (a) for the area of command of the the House of Representatives and the Committee ment in which the Coast Guard is operating District Commander if the District Commander on Commerce, Science, and Transportation of may issue a certificate of documentation with a determines the reduction is necessary to address the Senate a report on factors under the author- coastwise endorsement for each of the following delays in standby vessel response times caused ity of the Coast Guard that impact the ability of vessels: by inclement weather, high seas, or other condi- vessels documented in the United States to effec- (1) M/V GEYSIR (United States official num- tions that prolong standby vessel response time tively compete in international transportation ber 622178). or lessen the time survivors of an accident can markets. (2) MACY-RENEE (United States official remain in the water. (b) CONTENT.—The report shall include— number 1107319) ‘‘(2) APPROXIMATION OF NORMAL RESPONSE (1) a review of differences in Coast Guard (3) OCEAN VERITAS (IMO number 7366805). TIME.—Any reduction under paragraph (1) shall policies and regulations governing the inspec- (4) LUNA (United States official number be made to a distance that, in weather condi- tion of vessels documented in the United States 280133). tions necessitating the reduction, ensures that a and the policies and regulations of the Inter- (5) IL MORO DI VENEZIA IV (United States standby vessel’s response time approximates that national Maritime Organization governing the official number 1028654) of a standby vessel covering the distance pre- inspection of vessels not documented in the (b) DOCUMENTATION OF LNG TANKERS.— scribed in subsection (a) during normal weather United States; (1) IN GENERAL.—Notwithstanding sections conditions. (2) a statement on the impact such differences 12112 and 12132 and chapter 551 of title 46, ‘‘(3) PREVENTION OF HYPOTHERMIA.—Any re- have on operating costs for vessels documented United States Code, the Secretary of the depart- duction under paragraph (1) made due to water in the United States; and ment in which the Coast Guard is operating temperature or other factors that reduce the (3) recommendations on whether to harmonize may issue a certificate of documentation with a time survivors of an accident can remain in the any differences in the policies and regulations coastwise endorsement for each of the following water shall be made to a distance at which a governing inspection of vessels by the Coast vessels: standby vessel can be assumed to reach the sur- Guard and the International Maritime Organi- (A) LNG GEMINI (United States official num- vivor before the onset of hypothermia. zation. ber 595752). ‘‘(4) NOTICE TO OWNERS AND OPERATORS.—Be- (c) CONSULTATION.—In preparing the report, (B) LNG LEO (United States official number fore exercising the authority in paragraph (1), a the Commandant may consider the views of rep- 595753). District Commander shall provide 72 hours no- resentatives of the owners or operators of vessels (C) LNG VIRGO (United States official num- tice to the owners and operators of standby ves- documented in the United States and the orga- ber 595755). sels and owners and operators of manned facili- nizations representing the employees employed (2) LIMITATION ON OPERATION.—Coastwise ties, installations, units, and vessels operating on such vessels. trade authorized under paragraph (1) shall be in the District Commander’s area of command. SEC. 611. REPORT ON DRUG INTERDICTION IN limited to carriage of natural gas, as that term ‘‘(c) MULTIPLE PLATFORMS AND USES.—Noth- THE CARIBBEAN BASIN. is defined in section 3(13) of the Deepwater Port ing in this section shall be construed to pro- (a) REPORT.—Not later than 180 days after the Act of 1974 (33 U.S.C. 1502(13)). hibit— date of enactment of this Act, the Commandant (3) TERMINATION OF EFFECTIVENESS OF EN- ‘‘(1) use of one standby vessel for more than of the Coast Guard shall submit to the Com- DORSEMENTS.—The coastwise endorsement one manned facility, installation, unit, or ves- mittee on Transportation and Infrastructure of issued under paragraph (1) for a vessel shall ex- sel; or the House of Representatives and the Committee

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7358 CONGRESSIONAL RECORD — HOUSE November 4, 2011 on Commerce, Science, and Transportation of tation on water, that is engaged in commercial ‘‘(A) changes its ballast water capacity by 15 the Senate a report on drug interdiction in the service (as defined under section 2101 of title 46, percent or more; or Caribbean basin. United States Code). ‘‘(B) prolongs the life of the commercial vessel (b) CONTENT.—The report shall include— ‘‘(8) CONSTRUCTED.—The term ‘constructed’ by 10 years or more, as determined by the Sec- (1) a statement of the Coast Guard mission re- means a state of construction of a commercial retary. quirements for drug interdiction in the Carib- vessel at which— ‘‘(13) MANUFACTURER.—The term ‘manufac- bean basin; ‘‘(A) the keel is laid; turer’ means a person engaged in the manufac- (2) the number of maritime surveillance hours ‘‘(B) construction identifiable with the spe- turing, assembling, or importation of a ballast and Coast Guard assets used in each of fiscal cific vessel begins; water treatment technology. years 2009 through 2011 to counter the illicit ‘‘(C) assembly of the vessel has begun com- ‘‘(14) NAVIGABLE WATERS.—The term ‘navi- trafficking of drugs and other related threats prising at least 50 tons or 1 percent of the esti- gable waters’ includes the exclusive economic throughout the Caribbean basin; and mated mass of all structural material of the ves- zone, as defined in section 107 of title 46, United (3) a determination of whether such hours sel, whichever is less; or States Code. and assets satisfied the Coast Guard mission re- ‘‘(D) the vessel commences a major conversion. ‘‘(15) NONINDIGENOUS SPECIES.—The term quirements for drug interdiction in the Carib- ‘‘(9) DISCHARGE INCIDENTAL TO THE NORMAL ‘nonindigenous species’ means a species or other bean basin. OPERATION OF A COMMERCIAL VESSEL.— viable biological material that enters an eco- TITLE VII—COMMERCIAL VESSEL ‘‘(A) IN GENERAL.—The term ‘discharge inci- system beyond its historic range. DISCHARGES REFORM dental to the normal operation of a commercial ‘‘(16) OWNER OR OPERATOR.—The term ‘owner vessel’ means— or operator’ means a person owning, operating, SEC. 701. SHORT TITLE. ‘‘(i) a discharge into navigable waters from a or chartering by demise a commercial vessel. This title may be cited as the ‘‘Commercial commercial vessel of— ‘‘(17) SECRETARY.—The term ‘Secretary’ means Vessel Discharges Reform Act of 2011’’. ‘‘(I)(aa) graywater (except graywater referred the Secretary of the department in which the SEC. 702. DISCHARGES FROM COMMERCIAL VES- to in section 312(a)(6)), bilge water, cooling Coast Guard is operating. SELS. water, oil water separator effluent, anti-fouling ‘‘(18) VESSEL GENERAL PERMIT.—The term Title III of the Federal Water Pollution Con- hull coating leachate, boiler or economizer blow- ‘Vessel General Permit’ means the Vessel Gen- trol Act (33 U.S.C. 1311 et seq.) is amended by down, byproducts from cathodic protection, con- eral Permit for Discharges Incidental to the Nor- adding at the end the following: trollable pitch propeller and thruster hydraulic mal Operation of Vessels issued by the Adminis- ‘‘SEC. 321. DISCHARGES FROM COMMERCIAL VES- fluid, distillation and reverse osmosis brine, ele- trator under section 402 for ballast water and SELS. vator pit effluent, firemain system effluent, other discharges incidental to the normal oper- ‘‘(a) DEFINITIONS.—In this section, the fol- freshwater layup effluent, gas turbine wash ation of vessels, as in effect on December 19, lowing definitions apply: water, motor gasoline and compensating efflu- 2008, for all jurisdictions except Alaska and Ha- ‘‘(1) AQUATIC NUISANCE SPECIES.—The term ent, refrigeration and air condensate effluent, waii, and February 6, 2009, for Alaska and Ha- ‘aquatic nuisance species’ means a nonindige- seawater pumping biofouling prevention sub- waii. nous species (including a pathogen) that threat- stances, boat engine wet exhaust, sonar dome ‘‘(b) GENERAL PROVISIONS.— ens the diversity or abundance of native species effluent, exhaust gas scrubber washwater, or ‘‘(1) BALLAST WATER DISCHARGE REQUIRE- or the ecological stability of navigable waters or stern tube packing gland effluent; or MENTS FOR COMMERCIAL VESSELS.—An owner or commercial, agricultural, aquacultural, or rec- ‘‘(bb) any other pollutant associated with the operator may discharge ballast water from a reational activities dependent on such waters. operation of a marine propulsion system, ship- commercial vessel into navigable waters only ‘‘(2) BALLAST WATER.— board maneuvering system, habitability system, if— ‘‘(A) IN GENERAL.—The term ‘ballast water’ or installed major equipment, or from a protec- ‘‘(A) the discharge— means any water (including any sediment sus- tive, preservative, or absorptive application to ‘‘(i) meets the ballast water performance pended in such water) taken aboard a commer- the hull of a commercial vessel; standard; cial vessel— ‘‘(II) weather deck runoff, deck wash, aque- ‘‘(ii) is made pursuant to the safety exemption ‘‘(i) to control trim, list, draught, stability, or ous film forming foam effluent, chain locker ef- established by subsection (c)(2); stresses of the vessel; or fluent, non-oily machinery wastewater, under- ‘‘(iii) meets the requirements of an alternative ‘‘(ii) during the cleaning, maintenance, or water ship husbandry effluent, welldeck efflu- method of compliance established for the com- other operation of a ballast water treatment sys- ent, or fish hold and fish hold cleaning effluent; mercial vessel under subsection (f); or tem of the vessel. or ‘‘(iv) is made pursuant to a determination ‘‘(B) EXCLUSION.—The term ‘ballast water’ ‘‘(III) any effluent from a properly func- that the commercial vessel meets the require- does not include any pollutant that is added to tioning marine engine; or ments relating to geographically limited areas water described in subparagraph (A) that is not ‘‘(ii) a discharge of a pollutant into navigable under subsection (g); and directly related to the operation of a properly waters in connection with the testing, mainte- ‘‘(B) the owner or operator discharges the bal- functioning ballast water treatment technology nance, and repair of a system, equipment, or en- last water in accordance with a ballast water certified under subsection (e). gine described in subclause (I)(bb) or (III) of management plan approved under subsection ‘‘(3) BALLAST WATER PERFORMANCE STAND- clause (i) whenever the commercial vessel is wa- (i). ARD.—The term ‘ballast water performance terborne. ‘‘(2) APPLICABILITY.— standard’ or ‘performance standard’ means a ‘‘(B) EXCLUSION.—The term ‘discharge inci- ‘‘(A) COVERED VESSELS.—Paragraph (1) shall numerical ballast water performance standard dental to the normal operation of a commercial apply to the owner or operator of a commercial specified under subsection (c) or established vessel’ does not include— vessel that is designed, constructed, or adapted under subsection (d). ‘‘(i) a discharge into navigable waters from a to carry ballast water if the commercial vessel ‘‘(4) BALLAST WATER TREATMENT SYSTEM.— commercial vessel of— is— The term ‘ballast water treatment system’ means ‘‘(I) ballast water; ‘‘(i) documented under the laws of the United any equipment on board a commercial vessel (in- ‘‘(II) rubbish, trash, garbage, incinerator ash, States; or cluding all compartments, piping, spaces, tanks, or other such material discharged overboard; ‘‘(ii) operating in navigable waters on a voy- and multi-use compartments, piping, spaces, ‘‘(III) oil or a hazardous substance within the age to or from a point in the United States. and tanks) that is— meaning of section 311; or ‘‘(B) EXEMPTED VESSELS.—Paragraph (1) shall ‘‘(A) designed for loading, carrying, treating, ‘‘(IV) sewage within the meaning of section not apply to the owner or operator of— or discharging ballast water; and 312; or ‘‘(i) a commercial vessel that carries all of its ‘‘(B) installed and operated to meet a ballast ‘‘(ii) an emission of an air pollutant resulting ballast water in sealed tanks that are not sub- water performance standard. from the operation onboard a commercial vessel ject to discharge; ‘‘(5) BALLAST WATER TREATMENT TECH- of a vessel propulsion system, motor driven ‘‘(ii) a commercial vessel that continuously NOLOGY.—The term ‘ballast water treatment equipment, or incinerator. takes on and discharges ballast water in a flow- technology’ or ‘treatment technology’ means ‘‘(10) EXISTING COMMERCIAL VESSEL.—The through system; any mechanical, physical, chemical, or biologi- term ‘existing commercial vessel’ means a com- ‘‘(iii) any vessel in the National Defense Re- cal process used, either singularly or in com- mercial vessel constructed prior to January 1, serve Fleet that is scheduled to be disposed of bination, to remove, render harmless, or avoid 2012. through scrapping or sinking; the uptake or discharge of aquatic nuisance spe- ‘‘(11) GEOGRAPHICALLY LIMITED AREA.—The ‘‘(iv) a commercial vessel that discharges bal- cies within ballast water. term ‘geographically limited area’ means an last water consisting solely of water— ‘‘(6) BIOCIDE.—The term ‘biocide’ means a area— ‘‘(I) taken aboard from a municipal or com- substance or organism, including a virus or fun- ‘‘(A) with a physical limitation that prevents mercial source; and gus, that is introduced into, or produced by, a a commercial vessel from operating outside the ‘‘(II) that, at the time the water is taken ballast water treatment technology as part of area, as determined by the Secretary; or aboard, meets the applicable regulations or per- the process used to comply with a ballast water ‘‘(B) that is ecologically homogeneous, as de- mit requirements for such source under the Safe performance standard under this section. termined by the Administrator, in consultation Drinking Water Act (42 U.S.C. 300f et seq.) and ‘‘(7) COMMERCIAL VESSEL.—The term ‘commer- with the Secretary. section 402 of this Act; or cial vessel’ means every description of ‘‘(12) MAJOR CONVERSION.—The term ‘major ‘‘(v) a commercial vessel that is 3 years or watercraft, or other artificial contrivance used conversion’ means a conversion of a commercial fewer from the end of its useful life, as deter- or capable of being used as a means of transpor- vessel that— mined by the Secretary, on the date on which

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the regulations issued under paragraph (3) be- ‘‘(I) a process for the Secretary, in consulta- ‘‘(2) CONSIDERATIONS.—In conducting the re- come effective for the vessel pursuant to the im- tion with the Administrator, to issue an exten- view, the Administrator shall consider— plementation schedule issued under paragraph sion of a compliance deadline established under ‘‘(A) improvements in the scientific under- (3)(B). subparagraph (A) or (B) for a commercial vessel standing of biological and ecological processes ‘‘(C) LIMITATION.—An exemption under sub- (or class, type, or size of vessel); and that lead to the introduction or establishment of paragraph (B)(v) shall cease to be effective on ‘‘(II) a process for an owner or operator to aquatic nuisance species; the date that is 3 years after the date on which submit a petition to the Secretary for an exten- ‘‘(B) improvements in ballast water treatment the regulations under paragraph (3) become ef- sion of a compliance deadline established under technology, including— fective for the commercial vessel pursuant to the subparagraph (A) or (B) with respect to the ‘‘(i) the capability of such technology to implementation schedule issued under para- commercial vessel of the owner or operator. achieve a revised ballast water performance graph (3)(B). ‘‘(iii) PERIOD OF EXTENSIONS.—An extension standard; ‘‘(3) ISSUANCE OF REGULATIONS.— issued under this subparagraph shall— ‘‘(ii) the effectiveness and reliability of such ‘‘(A) IN GENERAL.—Not later than 180 days ‘‘(I) apply for a period of not to exceed 18 technology in the shipboard environment; ‘‘(iii) the compatibility of such technology after the date of enactment of this section, the months; and with the design and operation of commercial Secretary, in consultation with the Adminis- ‘‘(II) be renewable for an additional period of trator, shall issue final regulations to implement vessels by class, type, and size; not to exceed 18 months. ‘‘(iv) the commercial availability of such tech- the requirements of this section. ‘‘(iv) FACTORS.—In issuing an extension or re- nology; and ‘‘(B) PROPOSED RULE.—For the purposes of viewing a petition under this subparagraph, the chapter 5 of title 5, United States Code, the pro- ‘‘(v) the safety of such technology; Secretary shall consider, with respect to the ‘‘(C) improvements in the capabilities to de- posed rulemaking published by the Coast Guard ability of an owner or operator to meet a compli- on August 28, 2009 (74 Fed. Reg. 44632; relating tect, quantify, and assess the viability of aquat- ance deadline, the following factors: ic nuisance species at the concentrations under to standards for living organisms in ships’ bal- ‘‘(I) Whether the treatment technology to be last water discharged in U.S. waters), shall consideration; installed is available in sufficient quantities to ‘‘(D) the impact of ballast water treatment serve as a proposed rule for the purposes of meet the compliance deadline. issuing regulations under this section. technology on water quality; and ‘‘(II) Whether there is sufficient shipyard or ‘‘(E) the costs, cost-effectiveness, and impacts ‘‘(4) COMPLIANCE SCHEDULES.— other installation facility capacity. ‘‘(A) INITIAL PERFORMANCE STANDARD COMPLI- of— ‘‘(III) Whether there is sufficient availability ‘‘(i) a revised ballast water performance ANCE DEADLINES.— ‘‘(i) IN GENERAL.—An owner or operator shall of engineering and design resources. standard, including the potential impacts on comply with the performance standard estab- ‘‘(IV) Vessel characteristics, such as engine shipping, trade, and other uses of the aquatic lished under subsection (c) on or before the room size, layout, or a lack of installed piping. environment; and deadline that applies to the commercial vessel of ‘‘(V) Electric power generating capacity ‘‘(ii) maintaining the existing ballast water the owner or operator, as specified in clause (ii). aboard the vessel. performance standard, including the potential ‘‘(ii) DEADLINES.—The deadlines for compli- ‘‘(VI) Safety of the vessel and crew. impacts on water-related infrastructure, recre- ance with the performance standard established ‘‘(v) CONSIDERATION OF PETITIONS.— ation, the propagation of native fish, shellfish, under subsection (c) are as follows: ‘‘(I) DETERMINATIONS.—The Secretary shall and wildlife, and other uses of navigable wa- ‘‘(I) For a commercial vessel constructed on or approve or deny a petition for an extension of a ters. after January 1, 2012, the date of delivery of the compliance deadline submitted by an owner or ‘‘(3) REVISION OF PERFORMANCE STANDARD.— ‘‘(A) RULEMAKING.—If, pursuant to a review vessel. operator under this subparagraph. ‘‘(II) For an existing commercial vessel with a ‘‘(II) DEADLINE.—If the Secretary does not ap- conducted under paragraph (1), the Adminis- ballast water capacity of less than 1,500 cubic prove or deny a petition referred to in subclause trator, in consultation with the Secretary, deter- meters, the date of the first drydocking of the (I) on or before the last day of the 90-day period mines that revising the ballast water perform- vessel after January 1, 2016. beginning on the date of submission of the peti- ance standard would result in a scientifically ‘‘(III) For an existing commercial vessel with tion, the petition shall be deemed approved. demonstrable and substantial reduction in the a ballast water capacity of at least 1,500 cubic ‘‘(c) BALLAST WATER PERFORMANCE STAND- risk of the introduction or establishment of meters but not more than 5,000 cubic meters, the ARD FOR COMMERCIAL VESSELS.— aquatic nuisance species, the Administrator date of the first drydocking of the vessel after ‘‘(1) IN GENERAL.—To meet the ballast water shall undertake a rulemaking to revise the per- January 1, 2014. performance standard, an owner or operator formance standard. ‘‘(IV) For an existing commercial vessel with a shall— ‘‘(B) SPECIAL RULE.—The Administrator may ballast water capacity of greater than 5,000 ‘‘(A) conduct ballast water treatment before not issue a revised performance standard pursu- cubic meters, the date of the first drydocking of discharging ballast water from a commercial ant to this paragraph that applies to a commer- the vessel after January 1, 2016. vessel into navigable waters using a ballast cial vessel constructed prior to the date on which the revised performance standard is ‘‘(iii) REGULATIONS.—In issuing regulations water treatment technology certified for the ves- issued unless the revised performance standard under paragraph (3), the Secretary shall include sel (or class, type, or size of vessel) under sub- is at least 2 orders of magnitude more stringent a compliance schedule that sets forth the dead- section (e); and than the performance standard in effect on the lines specified in clause (ii). ‘‘(B) ensure that any ballast water so dis- date that the review is completed. ‘‘(B) REVISED PERFORMANCE STANDARD COM- charged meets, at a minimum, the numerical ‘‘(4) STATE PETITION FOR REVIEW OF PERFORM- PLIANCE DEADLINES.— ballast water performance standard set forth in ‘‘(i) IN GENERAL.—Upon revision of a perform- ANCE STANDARDS.— the International Convention for the Control ance standard under subsection (d), the Sec- ‘‘(A) IN GENERAL.—The Governor of a State and Management of Ships’ Ballast Water and retary, in consultation with the Administrator, may submit a petition requesting that the Ad- Sediments, as adopted on February 13, 2004, or shall issue a compliance schedule that estab- ministrator review a ballast water performance a revised numerical ballast water performance lishes deadlines for an owner or operator to standard if there is significant new information standard established under subsection (d). comply with the revised performance standard. that could reasonably indicate the performance ‘‘(2) SAFETY EXEMPTION.—Notwithstanding ‘‘(ii) FACTORS.—In issuing a compliance standard could be revised to result in a scientif- schedule under this subparagraph, the Sec- paragraph (1), an owner or operator may dis- ically demonstrable and substantial reduction in retary— charge ballast water without regard to a ballast the risk of the introduction or establishment of ‘‘(I) shall consider the factors identified in water performance standard if— aquatic nuisance species. subparagraph (C)(iv); and ‘‘(A) the discharge is done solely to ensure the ‘‘(B) TIMING.—A Governor may not submit a ‘‘(II) may establish different compliance dead- safety of life at sea; petition under subparagraph (A) during the 1- lines based on vessel class, type, or size. ‘‘(B) the discharge is accidental and the result year period following the date of completion of ‘‘(iii) VESSELS CONSTRUCTED AFTER ISSUANCE of damage to the commercial vessel or its equip- a review under paragraph (1). OF REVISED PERFORMANCE STANDARDS.—A com- ment and— ‘‘(C) REQUIRED INFORMATION.—A petition sub- pliance schedule issued under this subpara- ‘‘(i) all reasonable precautions to prevent or mitted to the Administrator under subparagraph graph with respect to a revised performance minimize the discharge have been taken; and (A) shall include the scientific and technical in- standard shall require, at a minimum, the owner ‘‘(ii) the owner or operator did not willfully or formation on which the petition is based. or operator of a commercial vessel that com- recklessly cause such damage; or ‘‘(D) REVIEW AND REPORTING.—Upon receipt mences a major conversion or is constructed on ‘‘(C) the discharge is solely for the purpose of of a petition from a Governor under subpara- or after the date of issuance of the revised per- avoiding or minimizing discharge from the vessel graph (A), the Administrator shall make pub- formance standard to comply with the revised of pollution that would otherwise violate an ap- licly available a copy of the petition, including performance standard. plicable Federal or State law. the scientific and technical information pro- ‘‘(C) EXTENSION OF COMPLIANCE DEADLINES.— ‘‘(d) REVIEW OF PERFORMANCE STANDARD.— vided by the Governor under subparagraph (C). ‘‘(i) IN GENERAL.—The Secretary may extend a ‘‘(1) IN GENERAL.—Not later than January 1, ‘‘(E) REVIEW AND REVISION OF PERFORMANCE compliance deadline established under subpara- 2016, and every 10 years thereafter, the Adminis- STANDARDS.— graph (A) or (B) on the Secretary’s own initia- trator, in consultation with the Secretary, shall ‘‘(i) IN GENERAL.—If, after receiving a petition tive or in response to a petition submitted by an complete a review to determine whether revising submitted by a Governor under subparagraph owner or operator. the ballast water performance standard would (A) for review of a performance standard, the ‘‘(ii) PROCESSES FOR GRANTING EXTENSIONS.— result in a scientifically demonstrable and sub- Administrator, in consultation with the Sec- In issuing regulations under paragraph (3), the stantial reduction in the risk of the introduction retary, determines that the petition warrants Secretary shall establish— or establishment of aquatic nuisance species. additional action, the Administrator may—

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7360 CONGRESSIONAL RECORD — HOUSE November 4, 2011 ‘‘(I) in consultation with the Secretary, ini- Secretary has certified the treatment technology unless the technology has been certified under tiate a review of the performance standard under subparagraph (A). this subsection. under paragraph (1); and ‘‘(ii) EXCEPTIONS.— ‘‘(f) ALTERNATIVE METHODS OF COMPLI- ‘‘(II) in consultation with the Secretary, re- ‘‘(I) COAST GUARD SHIPBOARD TECHNOLOGY ANCE.— vise the performance standard through a rule- EVALUATION PROGRAM.—An owner or operator ‘‘(1) ESTABLISHMENT.—Not later than 180 days making under paragraph (3)(A), subject to the may use a ballast water treatment technology after the date of enactment of this section, the limitation in paragraph (3)(B). that has not been certified by the Secretary to Secretary, in consultation with the Adminis- ‘‘(ii) TREATMENT OF MORE THAN ONE PETITION comply with the requirements of this section if trator, shall establish an alternative method of AS A SINGLE PETITION.—The Administrator may the technology is being evaluated under the compliance with this section for a commercial treat more than one petition as a single petition Coast Guard Shipboard Technology Evaluation vessel having a maximum ballast water capacity for review. Program. of less than 8 cubic meters. ‘‘(e) TREATMENT TECHNOLOGY CERTIFI- ‘‘(II) BALLAST WATER TREATMENT TECH- ‘‘(2) FACTORS FOR CONSIDERATION.—In estab- CATION.— NOLOGIES CERTIFIED BY FOREIGN ENTITIES.—An lishing an alternative method of compliance ‘‘(1) CERTIFICATION REQUIRED.— owner or operator may use a ballast water treat- under paragraph (1), the Secretary shall con- ‘‘(A) CERTIFICATION PROCESS.— ment technology that has not been certified by sider— ‘‘(i) EVALUATION.—Upon application of a the Secretary to comply with the requirements of ‘‘(A) the effectiveness of the alternative meth- manufacturer, the Secretary shall evaluate a this section if the technology has been certified od in reducing the risk of the introduction or es- ballast water treatment technology with respect by a foreign entity and the certification dem- tablishment of aquatic nuisance species relative to— onstrates performance and safety of the treat- to the performance standard; and ‘‘(I) whether the treatment technology meets ment technology equivalent to the requirements ‘‘(B) any other factor the Secretary considers the ballast water performance standard when of this subsection, as determined by the Sec- appropriate. installed on a commercial vessel (or a class, retary. ‘‘(3) BEST MANAGEMENT PRACTICES.—The Sec- type, or size of commercial vessel); ‘‘(2) CERTIFICATION CONDITIONS.— retary may establish as an alternative method of ‘‘(II) the effect of the treatment technology on ‘‘(A) IMPOSITION OF CONDITIONS.—In certi- compliance appropriate ballast water best man- commercial vessel safety; and fying a ballast water treatment technology agement practices to minimize the introduction ‘‘(III) any other criteria the Secretary con- under this subsection, the Secretary, in con- or establishment of aquatic nuisance species. siders appropriate. sultation with the Administrator, may impose ‘‘(g) GEOGRAPHICALLY LIMITED AREAS.— ‘‘(ii) CERTIFICATION.—If, after conducting the any condition on the subsequent installation, ‘‘(1) IN GENERAL.—Subsections (c), (e), and (i) evaluation required by clause (i), the Secretary use, or maintenance of the treatment technology shall not apply to a commercial vessel that— determines the treatment technology meets the onboard a commercial vessel as is necessary ‘‘(A) operates exclusively within a geographi- criteria established under such clause, the Sec- for— cally limited area, as determined by the Sec- retary may certify the treatment technology for ‘‘(i) the safety of the vessel, the crew of the retary, in consultation with the Administrator; use on a commercial vessel (or a class, type, or vessel, and any passengers aboard the vessel; or size of commercial vessel). ‘‘(ii) the protection of the environment; and ‘‘(B) operates pursuant to a geographic re- ‘‘(iii) SUSPENSION AND REVOCATION OF CERTIFI- ‘‘(iii) the effective operation of the treatment striction issued for the commercial vessel under CATION.—The Secretary shall, by regulation, es- technology. section 3309 of title 46, United States Code. tablish a process to suspend or revoke a certifi- ‘‘(B) FAILURE TO COMPLY.—The failure of an ‘‘(2) PETITION FOR DETERMINATION BY THE cation issued under this subparagraph. owner or operator to comply with a condition SECRETARY.— ‘‘(B) CERTIFICATES OF TYPE APPROVAL.— imposed under subparagraph (A) is a violation ‘‘(A) SUBMISSION OF PETITIONS.—Following ‘‘(i) ISSUANCE OF CERTIFICATES TO MANUFAC- of this section. the date of issuance of final regulations under TURER.—If the Secretary certifies a ballast water ‘‘(3) USE OF BALLAST WATER TREATMENT TECH- subsection (b), an owner or operator may peti- treatment technology under subparagraph (A), NOLOGIES ONCE INSTALLED.— tion the Secretary for a determination under the Secretary shall issue to the manufacturer of ‘‘(A) IN GENERAL.—Subject to subparagraph paragraph (1). the treatment technology, in such form and (B), an owner or operator who installs a ballast ‘‘(B) DETERMINATIONS.—The Secretary shall manner as the Secretary determines appropriate, water treatment technology that the Secretary approve or deny a petition submitted by an a certificate of type approval for the treatment has certified under paragraph (1) may use the owner or operator under subparagraph (A). technology. treatment technology, notwithstanding any re- ‘‘(C) DEADLINE.—If the Secretary does not ap- ‘‘(ii) CONDITIONS TO BE INCLUDED IN CERTIFI- visions to a ballast water performance standard prove or deny a petition submitted by an owner CATES.—A certificate of type approval issued occurring after the installation so long as the or operator under subparagraph (A) on or be- under clause (i) shall include any conditions owner or operator— fore the last day of the 90-day period beginning that are imposed by the Secretary under para- ‘‘(i) maintains the treatment technology in on the date of submission of the petition, the pe- graph (2). proper working condition; and tition shall be deemed approved. ‘‘(iii) ISSUANCE OF COPIES OF CERTIFICATES TO ‘‘(ii) maintains and uses the treatment tech- ‘‘(3) NOTIFICATION.—The Secretary shall no- OWNERS AND OPERATORS.—A manufacturer that nology in accordance with— tify the Administrator and the Governor of each receives a certificate of type approval under ‘‘(I) the manufacturer’s specifications; and State the waters of which could be affected by clause (i) for a ballast water treatment tech- ‘‘(II) any conditions imposed by the Secretary the discharge of ballast water from a commercial nology shall furnish a copy of the certificate to under paragraph (2). vessel for which a petition has been granted any owner or operator of a commercial vessel on ‘‘(B) LIMITATION.—Subparagraph (A) shall under paragraph (2) of the granting of any such which the treatment technology is installed. cease to apply with respect to a commercial ves- petition. ‘‘(iv) INSPECTIONS.—An owner or operator sel after the first to occur of the following: ‘‘(4) BEST MANAGEMENT PRACTICES.—For a who receives a copy of a certificate under clause ‘‘(i) The expiration of the service life of the commercial vessel for which a petition is granted (iii) for a ballast water treatment technology in- ballast water treatment technology of the vessel, under paragraph (2), the Secretary shall require stalled on a commercial vessel shall retain a as determined by the Secretary. the owner or operator to implement appropriate copy of the certificate onboard the commercial ‘‘(ii) The expiration of service life of the ves- ballast water best management practices to min- vessel and make the copy of the certificate sel, as determined by the Secretary. imize the introduction or establishment of available for inspection at all times that such ‘‘(iii) The completion of a major conversion of aquatic nuisance species. owner or operator is utilizing the treatment the vessel. ‘‘(h) RECEPTION FACILITIES.— technology. ‘‘(4) TESTING PROTOCOLS.—Not later than 180 ‘‘(1) IN GENERAL.—An owner or operator shall ‘‘(C) TREATMENT TECHNOLOGIES THAT USE OR days after the date of enactment of this section, discharge ballast water in compliance with sub- GENERATE BIOCIDES.—The Secretary may not the Administrator, in consultation with the Sec- section (c) or (f) unless discharging ballast certify a ballast water treatment technology retary, shall issue guidelines specifying land- water into— that— based and shipboard testing protocols or criteria ‘‘(A) an onshore facility for the reception of ‘‘(i) uses a biocide or generates a biocide that for— ballast water that meets standards issued by the is a ‘pesticide’, as defined in section 2 of the ‘‘(A) certifying the performance of ballast Administrator, in consultation with the Sec- Federal Insecticide, Fungicide, and Rodenticide water treatment technologies under this sub- retary; or Act (7 U.S.C. 136), unless the biocide is reg- section; and ‘‘(B) an offshore facility for the reception of istered under such Act or the Administrator has ‘‘(B) certifying laboratories to evaluate such ballast water that meets standards issued by the approved the use of such biocide in such treat- treatment technologies. Secretary, in consultation with the Adminis- ment technology; or ‘‘(5) PROHIBITION.—Following the date on trator. ‘‘(ii) uses or generates a biocide the discharge which the requirements of subsection (b)(1) ‘‘(2) ISSUANCE OF STANDARDS.—Not later than of which causes or contributes to a violation of apply with respect to a commercial vessel pursu- 2 years after the date of enactment of this sec- a water quality standard under section 303 of ant to the implementation schedule issued under tion— this Act. subsection (b)(3)(B), no manufacturer of a bal- ‘‘(A) the Administrator, in consultation with ‘‘(D) PROHIBITION.— last water treatment technology shall sell, offer the Secretary, shall issue the standards referred ‘‘(i) IN GENERAL.—Except as provided by for sale, or introduce or deliver for introduction to in paragraph (1)(A); and clause (ii), an owner or operator may not use a into interstate commerce, or import into the ‘‘(B) the Secretary, in consultation with the ballast water treatment technology to comply United States for sale or resale, a ballast water Administrator, shall issue the standards referred with the requirements of this section unless the treatment technology for the commercial vessel to in paragraph (1)(B).

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‘‘(3) SOLE METHOD OF DISCHARGE.—The Sec- ‘‘(C) establish adequate procedures for report- shall not require any new permit or permit con- retary, in consultation with the Administrator, ing violations of this section; ditions under section 402 for any discharge inci- and upon petition by an owner or operator, may ‘‘(D) investigate and abate violations of this dental to the normal operation of a commercial issue to an owner or operator a certificate stat- section, including the imposition of civil and vessel; and ing that a commercial vessel is in compliance criminal penalties consistent with subsection ‘‘(B) a State or political subdivision thereof with the requirements of subsection (b)(1)(A) if (o); and shall not adopt or enforce any law or regulation discharging ballast water into a facility meeting ‘‘(E) ensure that the Secretary and the Ad- of the State or political subdivision with respect the standards issued under this subsection is the ministrator receive notice of each violation of to such a discharge. sole method by which the owner or operator dis- this section in an expeditious manner. ‘‘(m) EFFECT ON VESSEL GENERAL PERMIT.— charges ballast water from the commercial ves- ‘‘(3) COMPLIANCE.—Any State program ap- ‘‘(1) EXPIRATION.—Notwithstanding the expi- sel. proved under paragraph (2) shall at all times be ration date set forth in the Vessel General Per- ‘‘(4) BALLAST WATER MANAGEMENT PLANS.—An conducted in accordance with this subsection. mit, the Vessel General Permit shall expire as owner or operator discharging ballast water ‘‘(4) WITHDRAWAL OF APPROVAL.—Whenever follows: ‘‘(A) The terms and conditions of section 6 of under this subsection shall discharge such water the Secretary, in consultation with the Adminis- such permit or any law of a State regulating the in accordance with a ballast water management trator, determines, after providing notice and discharge of ballast water or any discharge inci- plan approved under subsection (i). the opportunity for a public hearing, that a dental to the normal operation of a commercial ‘‘(i) COMMERCIAL VESSEL BALLAST WATER State is not administering a program in accord- vessel, upon the date of enactment of this sec- MANAGEMENT PLAN.— ance with the terms of the program as approved tion. ‘‘(1) IN GENERAL.—An owner or operator shall under paragraph (2), the Secretary shall notify ‘‘(B) For each commercial vessel, the terms discharge ballast water in accordance with a the State, and, if appropriate corrective action and conditions of such permit (except the terms ballast water management plan that— is not taken within a period of time not to ex- and conditions referred to in subparagraph (A)) ‘‘(A) meets requirements prescribed by the Sec- ceed 90 days, the Secretary, with the concur- applicable to a discharge of ballast water— retary; and rence of the Administrator, shall withdraw ap- ‘‘(i) on the date on which— ‘‘(B) is approved by the Secretary. proval of the program. The Secretary shall not ‘‘(I) a ballast water treatment technology cer- ‘‘(2) FOREIGN COMMERCIAL VESSELS.—The Sec- withdraw approval of a program unless the Sec- tified under subsection (e) is installed on the retary may approve a ballast water management retary has first notified the State and made pub- commercial vessel; plan for a foreign commercial vessel on the basis lic, in writing, the reasons for the withdrawal. ‘‘(II) an alternative method of compliance es- of a certificate of compliance issued by the ‘‘(5) LIMITATION ON STATUTORY CONSTRUC- tablished for the commercial vessel under sub- country of registration of the commercial vessel TION.—Nothing in this subsection shall limit the section (f) is implemented for the commercial if the requirements of the government of that authority of the Administrator or the Secretary vessel; country for a ballast water management plan to carry out inspections of any commercial ves- ‘‘(III) a petition is granted for the commercial are substantially equivalent to regulations sel under subsection (n). vessel under subsection (g); or issued by the Secretary. ‘‘(6) STATE LAWS.—Notwithstanding any other ‘‘(IV) a certificate is issued for the commercial ‘‘(3) RECORDKEEPING.— provision of this section, a State may enact such vessel under subsection (h); or ‘‘(A) IN GENERAL.—Except as provided by sub- laws as are necessary to provide for the imple- ‘‘(ii) in any case not described in clause (i), on paragraph (B), an owner or operator shall mentation of the State ballast water inspection December 18, 2013. maintain in English and have available for in- and enforcement program provided under this ‘‘(2) DISCHARGES INCIDENTAL TO THE NORMAL spection by the Secretary a ballast water record subsection. The requirements for a ballast water OPERATION OF COMMERCIAL VESSELS.—Notwith- book in which each operation of the commercial inspection and enforcement program contained standing the expiration date set forth in the vessel involving a ballast water discharge is re- in such State law shall be substantively and Vessel General Permit, the terms and conditions corded in accordance with regulations issued by procedurally equivalent to those required in this of such permit (except the terms and conditions the Secretary. section, and any requirements relating to rec- referred to in paragraph (1)(A)) applicable to ‘‘(B) ALTERNATIVE MEANS OF RECORD- ordkeeping, reporting, and sampling or analysis discharges incidental to the normal operation of KEEPING.—The Secretary may provide for alter- contained in such State law shall be sub- a commercial vessel shall remain in effect. ‘‘(n) INSPECTIONS AND ENFORCEMENT.— native methods of recordkeeping, including elec- stantively and procedurally equivalent to the re- tronic recordkeeping, to comply with the re- ‘‘(1) IN GENERAL.— quirements of this section and its implementing ‘‘(A) COAST GUARD ENFORCEMENT.—The Sec- quirements of this paragraph. regulations and guidance. retary shall enforce the requirements of this sec- ‘‘(j) REGULATION OF BALLAST WATER DIS- ‘‘(l) DISCHARGES INCIDENTAL TO THE NORMAL tion and may utilize by agreement, with or with- CHARGES.—Effective on and after the date of en- OPERATIONS OF A COMMERCIAL VESSEL.— out reimbursement, law enforcement officers or actment of this section— ‘‘(1) EVALUATION OF INCIDENTAL DIS- other personnel and facilities of the Adminis- ‘‘(1) the Administrator (or a State in the case CHARGES.— of a permit program approved under section 402) trator, other Federal agencies, and the States. ‘‘(A) IN GENERAL.—Not later than 3 years ‘‘(B) ENVIRONMENTAL PROTECTION AGENCY AC- shall not require any new permit or permit con- after the date of enactment of this section, the TIONS.—Notwithstanding any enforcement deci- dition under section 402 for any discharge of Administrator, in consultation with the Sec- sions of the Secretary under subparagraph (A), ballast water from a commercial vessel into nav- retary, shall complete an evaluation of dis- the Administrator may use the authorities pro- igable waters; and charges incidental to the normal operation of a vided in sections 308, 309, 312, and 504 whenever ‘‘(2) except as provided by subsection (k), a commercial vessel. required to carry out this section. State or political subdivision thereof shall not ‘‘(B) FACTORS.—In carrying out the evalua- ‘‘(2) COAST GUARD INSPECTIONS.—The Sec- adopt or enforce any law or regulation of the tion, the Administrator shall analyze— retary may carry out inspections of any com- State or political subdivision with respect to ‘‘(i) the characterization of the various types mercial vessel at any time, including the taking such a discharge. and composition of discharges incidental to the of ballast water samples, to ensure compliance ‘‘(k) STATE AUTHORITY.— normal operation of a commercial vessel by dif- with this section. The Secretary shall use all ap- ‘‘(1) STATE PROGRAMS.—The Governor of a ferent classes, types, and sizes of commercial propriate and practical measures of detection State desiring to administer its own inspection vessels; and environmental monitoring of such commer- and enforcement authority for ballast water dis- ‘‘(ii) the volume of such discharges for rep- cial vessels and shall establish adequate proce- charges within its jurisdiction may submit to the resentative individual commercial vessels and by dures for reporting violations of this section and Secretary a complete description of the program classes, types, and sizes of commercial vessels in accumulating evidence regarding such viola- the Governor proposes to establish and admin- the aggregate; tions. ister under State law. In addition, the Governor ‘‘(iii) the availability and feasibility of imple- ‘‘(o) COMPLIANCE.— shall submit a statement from the State attorney menting technologies or best management prac- ‘‘(1) DETENTION OF COMMERCIAL VESSEL.—The general that the laws of the State provide ade- tices for the control of such discharges; Secretary, by notice to the owner or operator, quate authority to carry out the described pro- ‘‘(iv) the characteristics of the receiving wa- may detain the commercial vessel if the Sec- gram. ters of such discharges; retary has reasonable cause to believe that the ‘‘(2) APPROVAL.—The Secretary, with the con- ‘‘(v) the nature and extent of potential effects commercial vessel does not comply with a re- currence of the Administrator, may approve a of such discharges on human health, welfare, quirement of this section or is being operated in program of a State submitted under paragraph and the environment; violation of such a requirement. (1) providing for the State’s own inspection and ‘‘(vi) the extent to which such discharges are ‘‘(2) SANCTIONS.— enforcement authority for ballast water dis- currently subject to and addressed by regula- ‘‘(A) CIVIL PENALTIES.— charges within its jurisdiction, if the Secretary tions under existing Federal laws or binding ‘‘(i) IN GENERAL.—Any person who violates determines that the State possesses adequate re- international obligations of the United States; this section shall be liable for a civil penalty in sources to— and an amount determined under clause (ii). Each ‘‘(A) inspect, monitor, and board a commercial ‘‘(vii) any additional factor that the Adminis- day of a continuing violation constitutes a sepa- vessel at any time, including the taking and trator considers appropriate. rate violation. A commercial vessel operated in testing of ballast water samples, to ensure the ‘‘(2) REGULATION OF INCIDENTAL DIS- violation of this section is liable in rem for any commercial vessel’s compliance with this section; CHARGES.—Effective on and after the date of en- civil penalty assessed for that violation. ‘‘(B) ensure that any ballast water discharged actment of this section— ‘‘(ii) PENALTY AMOUNTS.—The amount of a within the waters subject to the jurisdiction of ‘‘(A) the Administrator (or a State in the case civil penalty assessed under clause (i) shall be the State meets the requirements of this section; of a permit program approved under section 402) determined as follows:

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‘‘(I) For vessels with a ballast water capacity ‘‘(B) DISCHARGE INCIDENTAL TO THE NORMAL any applicable best management practice meet- less than 1500 cubic meters, not to exceed $25,000 OPERATION OF A COVERED VESSEL.—The term ing standards established under this sub- for each violation. ‘discharge incidental to the normal operation of section.’’. ‘‘(II) For vessels with a ballast water capacity a covered vessel’ means a discharge incidental SEC. 704. CONFORMING AND TECHNICAL AMEND- of 1500 cubic meters but not more than 5,000 to the normal operation of a commercial vessel MENTS. cubic meters, not to exceed $28,750 for each vio- (as defined in section 321), insofar as the com- (a) EFFLUENT LIMITATIONS.—Section 301(a) of lation. mercial vessel is a covered vessel. the Federal Water Pollution Control Act (33 ‘‘(III) For vessels with a ballast water capac- ‘‘(2) DETERMINATION OF DISCHARGES SUBJECT U.S.C. 1311(a)) is amended by inserting ‘‘312, ity greater than 5,000 cubic meters, not to exceed TO BEST MANAGEMENT PRACTICES.— 321,’’ after ‘‘318,’’. $32,500 for each violation. ‘‘(A) DETERMINATION.— (b) REVIEW OF ADMINISTRATOR’S ACTIONS.— ‘‘(B) CRIMINAL PENALTIES.—Any person who ‘‘(i) IN GENERAL.—The Administrator, in con- The first sentence of section 509(b)(1) of such knowingly violates this section shall be pun- sultation with the Secretary of the department Act (33 U.S.C. 1369(b)(1)) is amended— ished by a fine of not less that $5,000 nor more in which the Coast Guard is operating, shall de- (1) by striking ‘‘and (G)’’ and inserting ‘‘(G)’’; than $50,000 per day of violation, or by impris- termine the discharges incidental to the normal and onment for not more than 3 years, or both. If a operation of a covered vessel for which it is rea- (2) by inserting after ‘‘section 304(l),’’ the fol- conviction of a person is for a violation com- sonable and practicable to develop best manage- lowing: ‘‘and (H) in issuing any regulation or mitted after a first conviction of such person ment practices to mitigate the adverse impacts of otherwise taking final agency action under sec- under this paragraph, punishment shall be by a such discharges on the waters of the United tion 312 or 321,’’. fine of not more than $100,000 per day of viola- States. SEC. 705. REGULATION OF BALLAST WATER AND tion, or imprisonment of not more than 6 years, ‘‘(ii) PROMULGATION.—The Administrator INCIDENTAL DISCHARGES FROM A or both. shall promulgate the determinations under COMMERCIAL VESSEL. ‘‘(C) REVOCATION OF CLEARANCE.—Upon re- clause (i) in accordance with section 553 of title (a) IN GENERAL.—Effective on the date of en- quest of the Secretary, the Secretary of Home- 5, United States Code. actment of this Act, the following discharges land Security shall withhold or revoke the clear- ‘‘(B) CONSIDERATIONS.—In making a deter- shall not be regulated in any manner other than ance of a commercial vessel required by section mination under subparagraph (A), the Adminis- as specified in section 312 or 321 of the Federal 60105 of title 46, United States Code, if the trator shall consider— Water Pollution Control Act (as added by this owner or operator is in violation of this section. ‘‘(i) the nature of the discharge; title): ‘‘(3) ENFORCEMENT ACTIONS.— (1) A discharge incidental to the normal oper- ‘‘(A) ADMINISTRATIVE ACTIONS.—If the Sec- ‘‘(ii) the environmental effects of the dis- retary finds that a person has violated this sec- charge, including characteristics of the receiv- ation of a commercial vessel. (2) A discharge of ballast water from a com- tion, the Secretary may assess a civil penalty for ing waters; the violation. In determining the amount of the ‘‘(iii) the effectiveness of the best management mercial vessel. (b) DEFINITIONS.—In this section, the terms civil penalty, the Secretary shall take into ac- practice in reducing adverse impacts of the dis- ‘‘ballast water’’, ‘‘commercial vessel’’, and ‘‘dis- count the nature, circumstances, extent, and charge on water quality; charge incidental to the normal operation of a gravity of the prohibited acts committed and, ‘‘(iv) the practicability of developing and commercial vessel’’ have the meanings given with respect to the violator, the degree of culpa- using a best management practice; bility, any history of prior violations, and such ‘‘(v) the effect that the use of a best manage- those terms in section 321(a) of the Federal other matters as justice may require. ment practice would have on the operation, Water Pollution Control Act (as added by this ‘‘(B) CIVIL ACTIONS.—At the request of the operational capability, or safety of the vessel; title). Secretary, the Attorney General may bring a ‘‘(vi) applicable Federal and State law; SEC. 706. NONINDIGENOUS AQUATIC NUISANCE civil action in an appropriate district court of ‘‘(vii) applicable international standards; and PREVENTION AND CONTROL ACT OF the United States to enforce this section. Any ‘‘(viii) the economic costs of the use of the best 1990. court before which such an action is brought management practice. (a) AQUATIC NUISANCE SPECIES IN WATERS OF may award appropriate relief, including tem- ‘‘(C) TIMING.—The Administrator shall— THE UNITED STATES.—Effective on the date of porary or permanent injunctions and civil pen- ‘‘(i) make initial determinations under sub- issuance of final regulations under section alties. paragraph (A) not later than 1 year after the 321(b) of the Federal Water Pollution Control ‘‘(4) EXCLUSION.—No person shall be found in date of enactment of this subsection; and Act (as added by this title), section 1101 of the violation of this section whose commission of ‘‘(ii) every 5 years thereafter— Nonindigenous Aquatic Nuisance Prevention prohibited acts is found by the Secretary to have ‘‘(I) review the determinations; and and Control Act of 1990 (16 U.S.C. 4711) is re- been in the interest of ensuring the safety of life ‘‘(II) if necessary, revise the determinations pealed. at sea. based on any new information available to the (b) RELATIONSHIP TO OTHER LAWS.—Effective ‘‘(p) REGULATION UNDER OTHER SECTIONS OF Administrator. on the date of enactment of this Act, section THIS ACT.—This section shall not affect the reg- ‘‘(3) REGULATIONS FOR THE USE OF BEST MAN- 1205 of the Nonindigenous Aquatic Nuisance ulation of discharges from a commercial vessel AGEMENT PRACTICES.— Prevention and Control Act of 1990 (16 U.S.C. pursuant to section 311 or 312.’’. ‘‘(A) IN GENERAL.—The Secretary of the de- 4725) is repealed. SEC. 703. DISCHARGES INCIDENTAL TO THE NOR- partment in which the Coast Guard is operating The CHAIR. No amendment to the MAL OPERATION OF A COVERED VES- shall promulgate regulations on the use of best amendment in the nature of a sub- SEL. management practices for discharges incidental (a) DISCHARGES INCIDENTAL TO THE NORMAL to the normal operation of a covered vessel that stitute made in order as original text OPERATION OF A COVERED VESSEL.— the Administrator determines are reasonable shall be in order except those printed (1) NO PERMIT REQUIRED.—Section 402 of the and practicable to develop under paragraph (2). in House Report 112–267 and amend- Federal Water Pollution Control Act (33 U.S.C. ‘‘(B) REGULATIONS.— ments en bloc described in section 3 of 1342) is amended by adding at the end the fol- ‘‘(i) IN GENERAL.—The Secretary shall promul- House Resolution 455. lowing: gate the regulations under this paragraph as Each amendment other than amend- ‘‘(s) DISCHARGES INCIDENTAL TO THE NORMAL soon as practicable after the Administrator OPERATION OF A COVERED VESSEL.—No permit ments en bloc may be offered only in makes determinations pursuant to paragraph the order printed in the report, by a shall be required under this Act by the Adminis- (2). Member designated in the report, shall trator (or a State, in the case of a permit pro- ‘‘(ii) CONSIDERATIONS.—In promulgating regu- gram approved under subsection (b)) for a dis- lations under this paragraph, the Secretary be considered as read, shall be debat- charge incidental to the normal operation of a may— able for the time specified in the re- covered vessel (as defined in section 312(p)).’’. ‘‘(I) distinguish among classes, types, and port, equally divided and controlled by (2) BEST MANAGEMENT PRACTICES FOR COV- sizes of vessels; the proponent and an opponent, shall ERED VESSELS.—Section 312 of the Federal Water ‘‘(II) distinguish between new and existing Pollution Control Act (33 U.S.C. 1342) is amend- not be subject to amendment, and shall vessels; and ed by adding at the end the following: not be subject to a demand for division ‘‘(III) provide for a waiver of the applicability ‘‘(p) BEST MANAGEMENT PRACTICES FOR COV- of the standards as necessary or appropriate to of the question. ERED VESSELS.— a particular class, type, age, or size of vessel. It shall be in order at any time for ‘‘(1) DEFINITIONS.—In this subsection, the fol- the chair of the Committee on Trans- lowing definitions apply: ‘‘(4) EFFECT OF OTHER LAWS.—This subsection ‘‘(A) COVERED VESSEL.—The term ‘covered shall not affect the application of section 311 to portation and Infrastructure or his des- vessel’ means every description of watercraft, or a covered vessel. ignee to offer amendments en bloc con- other artificial contrivance used or capable of ‘‘(5) PROHIBITION RELATING TO COVERED VES- sisting of amendments printed in being used as a means of transportation on SELS.—After the effective date of the regulations House Report 112–267 not earlier dis- water, that is engaged in commercial service (as promulgated by the Secretary of the department posed of. defined under section 2101 of title 46, United in which the Coast Guard is operating under Amendments en bloc offered pursu- paragraph (3), the owner or operator of a cov- States Code), and— ant to section 3 shall be considered ‘‘(i) is less than 79 feet in length; or ered vessel shall neither operate in, nor dis- ‘‘(ii) is a fishing vessel (as defined in section charge any discharge incidental to the normal read, shall be debatable for 10 minutes 2101 of title 46, United States Code), regardless operation of the vessel into navigable waters, if equally divided and controlled by the of length of the vessel. the owner or operator of the vessel is not using chair and ranking minority member of

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7363 the Committee on Transportation and Page 62, line 7, strike the period at the end mariners on the use of force against pirates. Infrastructure or their designees, shall and insert ‘‘; or’’. The program shall include— not be subject to amendment, and shall Page 62, after line 7, insert the following: ‘‘(1) information on waters designated as high-risk waters by the Commandant of the not be subject to a demand for division ‘‘(iii) a discharge into navigable waters from a commercial vessel when the commer- Coast Guard; of the question. cial vessel is operating in a capacity other ‘‘(2) information on current threats and The original proponent of an amend- than as a means of transportation on water. patterns of attack by pirates; ment included in such amendments en Page 64, line 3, strike ‘‘December 19, 2008,’’ ‘‘(3) tactics for defense of a vessel, includ- bloc may insert a statement in the and all that follows through the period at ing instruction on the types, use, and limita- CONGRESSIONAL RECORD immediately the end of line 5 and insert ‘‘February 6, tions of security equipment; before the disposition of the amend- 2009.’’. ‘‘(4) standard rules for the use of force for ments en bloc. Page 65, line 12, strike ‘‘point’’ and insert self defense as developed by the Secretary of ‘‘port or place’’. the department in which the Coast Guard is AMENDMENTS EN BLOC OFFERED BY MR. Page 65, line 22, insert ‘‘, if such system operating under section 912(c) of the Coast LOBIONDO does not introduce aquatic nuisance species Guard Authorization Act of 2010 (Public Law Mr. LOBIONDO. Mr. Chairman, I have into navigable waters, as determined by the 111–281; 46 U.S.C. 8107 note), including in- an en bloc amendment at the desk. Secretary in consultation with the Adminis- struction on firearm safety for crewmembers The CHAIR. The Clerk will designate trator’’ before the semicolon at the end. of vessels carrying cargo under section 55305 the amendments en bloc. Page 71, line 11, strike ‘‘this subparagraph’’ of this title; and Amendments en bloc consisting of and insert ‘‘clause (ii)(II)’’. ‘‘(5) procedures to follow to improve crew- amendment Nos. 1, 2, 11, 12, 14, 16, 17, Page 86, line 8, strike ‘‘guidelines speci- member survivability if captured and taken hostage by pirates.’’. and 18 printed in House Report 112–267: fying’’ and insert ‘‘requirements for’’. Page 87, beginning on line 6, strike ‘‘this (b) DEADLINE.—The Secretary of Transpor- AMENDMENT NO. 1 OFFERED BY MR. LOBIONDO section for’’ and all that follows through the tation shall establish the program required OF NEW JERSEY period at the end of line 8 and insert the fol- under the amendment made by subsection (a) by no later than 180 days after the date of en- Page 18, line 13, strike ‘‘section 569a’’ and lowing: ‘‘this section for— actment of this Act. insert ‘‘section 569a(a) for the sixth national ‘‘(A) a commercial vessel having a max- (c) CLERICAL AMENDMENT.—The analysis at security cutter and section 569a for the sev- imum ballast water capacity of less than 8 cubic meters; and the beginning of such chapter is amended by enth national security cutter’’. adding at the end the following new item: Page 40, before line 7, insert the following: ‘‘(B) a commercial vessel that is 3 years or fewer from the end of its useful life, as deter- ‘‘51705. Training program for use of force SEC. 409. AUTHORITY TO EXTEND THE DURATION against piracy.’’. OF MEDICAL CERTIFICATES. mined by the Secretary pursuant to sub- SEC. 804. SECURITY OF GOVERNMENT IMPELLED (a) IN GENERAL.—Chapter 75 of title 46, section (b)(2)(B)(v). Page 87, line 24, strike ‘‘Subsections (c), CARGO. United States Code, is amended by adding at Section 55305 of title 46, United States the end the following: (e), and (i)’’ and insert ‘‘Subsection (c)’’. Page 88, beginning on line 2, strike ‘‘, as Code, is amended by adding at the end the ‘‘§ 7508. Authority to extend the duration of determined by the Secretary, in consultation following new subsection: medical certificates ‘‘(e) SECURITY OF GOVERNMENT IMPELLED with the Administrator’’. CARGO.— ‘‘(a) GRANTING OF EXTENSIONS.—Notwith- Page 88, line 7, insert ‘‘, or an equivalent ‘‘(1) In order to assure the safety of vessels standing any other provision of law, the Sec- restriction, as determined by the Secretary, and crewmembers transporting equipment, retary may extend for not more than one issued by the country of registration of the materials, or commodities under this sec- year a medical certificate issued to an indi- commercial vessel’’ before the period. tion, the Secretary of Transportation shall vidual holding a license, merchant mariner’s Page 107, line 10, insert ‘‘, in consultation direct each department or agency (except document, or certificate of registry if the with the Administrator,’’ before ‘‘shall pro- the Department of Defense) responsible for Secretary determines that the extension is mulgate’’. the carriage of such equipment, materials, or required to enable the Coast Guard to elimi- Page 110, after line 18, add the following: nate a backlog in processing applications for commodities to provide armed personnel medical certificates or in response to a na- TITLE VIII—PIRACY aboard vessels of the United States carrying tional emergency or natural disaster. SEC. 801. SHORT TITLE. such equipment, materials, or commodities ‘‘(b) MANNER OF EXTENSION.—An extension This title may be cited as the ‘‘Piracy Sup- while transiting high-risk waters. under this section may be granted to indi- pression Act of 2011’’. ‘‘(2) The Secretary of Transportation shall vidual seamen or a specifically identified SEC. 802. REPORT ON ACTIONS TAKEN TO PRO- direct each such department or agency to re- group of seamen.’’. TECT FOREIGN-FLAGGED VESSELS imburse, subject to the availability or appro- (b) CLERICAL AMENDMENT.—The analysis at FROM PIRACY. priations, the owners or operators of such the beginning of such chapter is amended by Not later than 180 days after the date of vessels for the cost of providing armed per- adding at the end the following: enactment of this Act, the Secretary of De- sonnel. ‘‘7508. Authority to extend the duration of fense, in consultation with the Secretary of ‘‘(3) For the purposes of this subsection, medical certificates.’’. the department in which the Coast Guard is the term ‘high-risk waters’ means waters so operating, shall provide to the Committee on designated by the Commandant of the Coast Page 56, after line 3, insert the following: Armed Services and the Committee on Guard in the Port Security Advisory in ef- SEC. 612. REPORT ON SURVIVAL CRAFT. Transportation and Infrastructure of the fect on the date on which the voyage be- (a) REPORT.—Not later than 180 days after House of Representatives and the Committee gins.’’. the date of enactment of this Act, the Com- on Armed Service and the Committee on SEC. 805. GAO STUDY. mandant of the Coast Guard shall submit to Commerce, Science, and Transportation of Not later than 1 year after the date of en- the Committee on Transportation and Infra- the Senate a report on actions taken by the actment of this Act, the Comptroller General structure of the House of Representatives Secretary of Defense to protect foreign- of the United States shall report to the Com- and the Committee on Commerce, Science, flagged vessels from acts of piracy on the mittee on Transportation and Infrastructure and Transportation of the Senate a report on high seas. The report shall include— of the House of Representatives and the the carriage of survival craft that ensures no (1) the total number of incidents for each Committee on Commerce, Science, and part of an individual is immersed in water. of the fiscal years 2008 through 2011 in which Transportation of the Senate on efforts to (b) CONTENT.—The report shall include in- a member of the armed services or an asset track ransom payments paid to pirates oper- formation on— under the control of the Secretary of Defense ating in the waters off Somalia and improve (1) the number of casualties as the result of was used to interdict or defend against an the prosecution of such pirates. The report immersion in water by vessel type and area act of piracy directed against any vessel not shall include— of operation reported to the Coast Guard for documented under the laws of the United (1) the status of Working Group 5 of the each of fiscal years 1991 through 2011; States; and Contact Group on Piracy Off the Somali (2) the effect the carriage of such survival (2) the total cost for each of the fiscal Coast, any efforts undertaken by the Work- craft has on vessel safety, including stability years 2008 through 2011 for such incidents. ing Group, and recommendations for improv- and safe navigation; ing the Working Group’s effectiveness; SEC. 803. TRAINING PROGRAM FOR USE OF (2) efforts undertaken by the United States (3) the efficacy of alternative safety sys- FORCE AGAINST PIRACY. tems, devices, or measures; and Government to implement and enforce Exec- (a) IN GENERAL.—Chapter 517 of title 46, (4) the cost and cost-effectiveness of re- utive Order 13536, including recommenda- United States Code, is amended by adding at quiring the carriage of such survival craft on tions on how to better implement that order the end the following new section: vessels. to suppress piracy; Page 58, line 15, after ‘‘technology’’ insert ‘‘§ 51705. Training program for use of force (3) efforts undertaken by the United States ‘‘to reduce or eliminate aquatic invasive spe- against piracy Government to track ransom payments cies’’. ‘‘The Secretary of Transportation shall es- made to pirates operating off the coast of So- Page 62, line 2, strike ‘‘or’’ at the end. tablish a training program for United States malia, the effectiveness of those efforts, any

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7364 CONGRESSIONAL RECORD — HOUSE November 4, 2011 operational actions taken based off those ef- ‘‘(i) the reasons the waiver is necessary; ‘‘(3) A guarantee from the offeror that jobs forts, and recommendations on how to im- and created or retained in the United States as a prove such tracking; ‘‘(ii) the reasons actions referred to in result of the contract being awarded to the (4) actions taken by the United States Gov- paragraph (2)(A) are not feasible.’’. offeror will not be moved outside the United ernment to improve the international pros- AMENDMENT NO. 14 OFFERED BY MR. MCCAUL OF States after award of the contract. ecution of pirates captured off the coast of TEXAS ‘‘(c) USE IN EVALUATION.—The Secretary Somalia; and At the end of title IV of the committee may consider information in a jobs impact (5) an update on the United States Govern- print, add the following: statement in the evaluation of an offer relat- ing to a Coast Guard contracting oppor- ment’s efforts to implement the rec- SEC. 409. CLASSIFICATION SOCIETIES. ommendation contained in General Account- Section 3316 of title 46, United States Code, tunity and may request further information ability Office report GAO–10–856, entitled is amended— from the offeror in order to verify the accu- ‘‘Maritime Security: Actions Needed to As- (1) in subsection (b)(2)— racy of any such information submitted. sess and Update Plan and Enhance Collabo- (A) by striking ‘‘and’’ at the end of sub- ‘‘(d) ASSESSMENT.—With respect to a con- ration among Partners Involved in Coun- paragraph (A); tract awarded to an offeror that submitted a tering Piracy off the Horn of Africa’’, that (B) by striking the period at the end of jobs impact statement, the Secretary shall metrics should be established for measuring subparagraph (B) and inserting ‘‘; and’’; and track the number of jobs created or retained the effectiveness of counter piracy efforts. (C) by adding at the end the following: in the United States as a result of the con- AMENDMENT NO. 2 OFFERED BY MR. SHULER OF ‘‘(C) if the Secretary of State determines tract. If the number of jobs estimated to be NORTH CAROLINA that the foreign classification society does created or retained in the jobs impact state- ment significantly exceeds the number of Page 18, line 10, insert ‘‘(a) IN GENERAL.— not provide comparable services in or for a jobs created or retained as a result of the ’’ before ‘‘With respect to’’. state sponsor of terrorism.’’; Page 18, line 24, strike the closing (2) in subsection (d)(2)— contract, the Secretary may evaluate wheth- quotation marks and the final period. (A) by striking ‘‘and’’ at the end of sub- er the contractor should be proposed for de- Page 18, after line 24, insert the following: paragraph (A); barment. ‘‘(e) REPORTS.—Not later than 1 year after ‘‘(b) USE OF MATERIALS, PARTS, AND COMPO- (B) by striking the period at the end of the date of enactment of this section, and NENTS MANUFACTURED IN THE UNITED subparagraph (B) and inserting ‘‘; and’’; and annually thereafter, the Secretary shall sub- STATES.—In entering into contracts and (C) by adding at the end the following: mit to Congress a report describing the use placing orders under subsection (a), the Com- ‘‘(C) if the Secretary of State determines by the Secretary of jobs impact statements mandant shall give priority to persons that that the foreign classification society does in evaluating offers relating to Coast Guard manufacture materials, parts, and compo- not provide comparable services in or for a contracting opportunities.’’. nents in the United States.’’. state sponsor of terrorism.’’; and (b) CLERICAL AMENDMENT.—The analysis at AMENDMENT NO. 11 OFFERED BY MR. MCINTYRE (3) by adding at the end the following: the beginning of such chapter is further OF NORTH CAROLINA ‘‘(e) The Secretary shall revoke an existing delegation made to a foreign classification amended by adding at the end of the items Page 30, line 18, strike ‘‘; and’’ and insert a relating to such subchapter the following: semicolon. society under subsection (b) or (d) if the Sec- Page 30, line 21, strike the period and in- retary of State determines that the foreign ‘‘569c. Consideration of information relat- sert ‘‘; and’’. classification society provides comparable ing to employment when awarding con- Page 30, after line 21, insert the following: services in or for a state sponsor of ter- tracts.’’. (4) coordinate with local businesses to pro- rorism. AMENDMENT NO. 17 OFFERED BY MS. BROWN OF mote an efficient marine transportation sys- ‘‘(f) In this section, the term ‘state sponsor FLORIDA tem. of terrorism’ means any country the govern- At the end of title VI, add the following: ment of which the Secretary of State has de- AMENDMENT NO. 12 OFFERED BY MR. CUMMINGS termined has repeatedly provided support for SEC. 612. REQUIREMENT OF CORPS. OF MARYLAND acts of international terrorism pursuant to The Secretary of the Army, acting through At the end of title IV of the committee section 6(j) of the Export Administration Act the Chief of the Corps of Engineers, shall print, add the following: of 1979 (as continued in effect under the continue to study the project related to the SEC. 409. IDENTIFICATION OF ACTIONS TO EN- International Emergency Economic Powers Jacksonville Port Authority in Jacksonville, ABLE QUALIFIED UNITED STATES Act), section 620A of the Foreign Assistance Florida, without applying any additional FLAG CAPACITY TO MEET NATIONAL Act of 1961, section 40 of the Arms Export peer reviews described by section 2034 of the DEFENSE REQUIREMENTS. Control Act, or any other provision of law.’’. Water Resources Development Act of 2007 (33 (a) IDENTIFICATION OF ACTIONS.—Section U.S.C. 2343). 501(b) of title 46, United States Code, is AMENDMENT NO. 16 OFFERED BY MR. MURPHY OF CONNECTICUT AMENDMENT NO. 18 OFFERED BY MR. RIBBLE OF amended— WISCONSIN (1) by inserting ‘‘(1)’’ before ‘‘When the Page 56, after line 3, insert the following Page 58, strike lines 18 through 24 and in- head’’; and (and conform the table of contents accord- sert the following: (2) by adding at the end the following: ingly): ‘‘(2) The Administrator of the Maritime SEC. 612. CONSIDERATION OF INFORMATION RE- ‘‘(7) COMMERCIAL VESSEL.—The term ‘com- Administration shall— LATING TO EMPLOYMENT WHEN mercial vessel’ means every description of ‘‘(A) in each determination referred to in AWARDING CONTRACTS. watercraft, or other artificial contrivance paragraph (1), identify any actions that (a) IN GENERAL.—Subchapter I of chapter used or capable of being used as a means of could be taken to enable qualified United 15 of title 14, United States Code, is further transportation on water— States flag capacity to meet national de- amended by adding at the end the following: ‘‘(A) that is engaged in commercial service fense requirements; ‘‘§ 569c. Consideration of information relating (as defined under section 2101 of title 46, ‘‘(B) provide each such determination to to employment when awarding contracts United States Code); or the Secretary of Transportation and the ‘‘(a) JOBS IMPACT STATEMENTS.—The Sec- ‘‘(B) that is owned or operated by the head of the agency referred to in paragraph retary, in issuing a solicitation for competi- United States, other than a vessel of the (1) for which the determination is made; and tive proposals with respect to a Coast Guard Armed Forces (as defined under section 312 of ‘‘(C) publish each such determination on contracting opportunity, shall state in the this Act). the Internet site of the Department of Trans- solicitation that the Secretary may consider The CHAIR. Pursuant to House Reso- portation within 48 hours after it is provided information (in this section referred to as a lution 455, the gentleman from New to the Secretary of Transportation. ‘jobs impact statement’)— Jersey (Mr. LOBIONDO) and the gen- ‘‘(3)(A) The Administrator of the Maritime ‘‘(1) that the offeror may include in its tleman from Washington (Mr. LARSEN) Administration shall notify the Committees offer; and each will control 5 minutes. on Appropriations and Transportation and ‘‘(2) that relates to the effect of the con- Infrastructure of the House of Representa- tract on employment in the United States if The Chair recognizes the gentleman tives and the Committees on Appropriations the contract is awarded to the offeror. from New Jersey. and Commerce, Science, and Transportation ‘‘(b) CONTENTS.—The information that may Mr. LOBIONDO. Mr. Chairman, I urge of the Senate— be included in a jobs impact statement may all Members to support the en bloc ‘‘(i) of any request for a waiver of the navi- include the following: amendment, and I reserve the balance gation or vessel-inspection laws under this ‘‘(1) The number of jobs expected to be cre- of my time. section not later than 48 hours after receiv- ated in the United States, or the number of Mr. LARSEN of Washington. Mr. ing the request; and jobs to be retained in the United States that Chairman, I yield myself such time as otherwise would be lost, if the contract is ‘‘(ii) of the issuance of any waiver of com- I may consume. pliance of such a law not later than 48 hours awarded to the offeror. after such issuance. ‘‘(2) The number of jobs expected to be cre- I rise in support of Mr. LOBIONDO’s ‘‘(B) The Administrator shall include in ated or retained in the United States by the manager’s amendment and appreciate each notification under subparagraph (A)(ii) subcontractors expected to be used by the of- its consideration en bloc with other an explanation of— feror in the performance of the contract. amendments.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7365 In general, the amendment provides Mr. GENE GREEN of Texas. Mr. Chair, I mitment to diligent oversight that helpful technical and clarifying rise in support of the McCaul Amendment to characterizes his leadership of the sub- changes to the underlying committee the Coast Guard and Maritime Transportation committee. print which will improve the bill. In Act. I wish we had been able to reach an particular, the provision that grants For over 75 years, the Jones Act allowed agreement on the issue at hand, but as the Coast Guard discretionary author- only one non-governmental organization, the that has not been possible, I’m offering ity to extend the duration of medal American Bureau of Shipping (ABS), a not-for- this amendment to strike section 301(a) certificates is important because it profit marine classification society located in of the bill. Section 301(a) would elimi- will help ensure that mariners are not my district in Houston, the authority to review nate provisions included in the Coast left on the dock simply because of ad- and inspect U.S. flagged vessels on behalf of Guard authorization of 2010 that I au- ministrative backlogs within the Coast the U.S. Coast Guard. thored to establish an ombudsman in Guard preventing the timely issuance In 1996, Congress expanded this authority each Coast Guard district. The district of new certificates. to allow foreign-based classification societies ombudsmen are intended to serve as li- Also I support the inclusion of the to perform similar tasks. aisons between the Coast Guard and amended version of Chairman Today, five foreign classification societies ports, terminal operators, ship owners, LOBIONDO’s piracy legislation, H.R. act as Agents of our government on behalf of and labor representatives. The ombuds- 2039, the Piracy Suppression Act of the Coast Guard. men will enable these stakeholders to 2011, and expect that it will help to Unfortunately, four of these foreign organi- seek further review of disputes regard- strengthen our efforts abroad to ad- zations also act as Agents of the Islamic Re- ing the application of the Coast Guard dress the growing threat piracy poses public of Iran in the review and inspection of regulations. Iranian flagged vessels. to maritime commerce. Let me be clear that the provisions In regards to additional amendments These foreign-based classification societies creating the ombudsman specifically in the en bloc, Mr. SHULER’s Amend- also continue to have business interest with, provide that ‘‘the district ombudsman ment No. 2 is an important one and en- and often operate within, other rogue nations shall not provide assistance with re- courages all federal agencies certainly and state sponsors of terrorism. spect to a dispute unless it involves the to enter into contracts and buy prod- I support the McCaul Amendment, which impact of Coast Guard requirements on ucts produced in the U.S., creating jobs would close this loophole in our laws and send port business and the flow of com- for Americans, and the Coast Guard a clear message to foreign-based classifica- merce.’’ should be no exception. tion societies that you must choose to work With regards to Mr. CUMMINGS’ with the United States or work with state spon- The provisions further clarify that in amendment, I am certainly supportive sors of terrorism, such as Iran. providing such assistance, the district of that. It mirrors H.R. 3202. Waivers I ask my colleagues on both sides of the ombudsman shall give priority to com- granted by the Maritime Administra- aisle to support the word and spirit of the Ira- plaints brought by petitioners who be- tion this past summer to allow foreign- nian sanctions regime that this Chamber has lieve they will suffer a significant flagged vessels to transport oil from supported time and again, and vote in favor of hardship as a result of implementing the Strategic Petroleum Reserve to this amendment. the Coast Guard requirement. other areas in U.S. territorial waters The CHAIR. The question is on the raised legitimate concerns that the ad- amendments en bloc offered by the b 1220 gentleman from New Jersey (Mr. ministrative waiver process lacked I authored the provisions creating LOBIONDO). transparency and accountability. This the ombudsman at the request of the amendment would establish new notice The amendments en bloc were agreed to. port community, which approached me and justification requirements for seeking another mechanism to engage AMENDMENT NO. 3 OFFERED BY MR. CUMMINGS waivers of our Coast Guard’s laws and with the Coast Guard to ensure that The CHAIR. It is now in order to con- would help to ensure that our mer- the application of regulations achieves sider amendment No. 3 printed in chant fleet is not unnecessarily dis- critical safety and security objectives House Report 112–267. advantaged in the future. while having the least possible impact With regards to Mr. MURPHY’s Mr. CUMMINGS. Mr. Chairman, I on commerce. amendment, the gentleman from Con- have an amendment at the desk. necticut, I can think of no reason why The CHAIR. The Clerk will designate Many Members of Congress, and par- it would not be appropriate for the the amendment. ticularly those on the other side of the Coast Guard, when it is soliciting for The text of the amendment is as fol- aisle, profess that limiting the power of competitive proposals, to also seek op- lows: government and ensuring that busi- tional job impact statements from Page 19, beginning on line 7, strike sub- nesses are not burdened by inappro- these companies bidding on the con- section (a) (and redesignate the succeeding priate regulations are among their top tract. This will allow the contract offi- subsections accordingly). priorities. Given these priorities and cer to assess not only cost compari- The CHAIR. Pursuant to House Reso- given the need to ensure that regula- sons, but also job creation comparisons lution 455, the gentleman from Mary- tions do not threaten commerce or when making an award and would serve land (Mr. CUMMINGS) and a Member op- jobs, I am frankly quite deeply sur- the interests of both the Federal Gov- posed each will control 5 minutes. prised that the majority would seek to ernment and the offerer. This would The Chair recognizes the gentleman eliminate a provision that specifically appear to me to be a good way at little from Maryland. provides businesses with an avenue or not cost to better leverage the job- Mr. CUMMINGS. Mr. Chairman, I through which they can seek changes creating potential of contracts awarded yield myself such time as I may con- in regulatory decisions in an effort to by the Coast Guard. And certainly I sume. improve their businesses. want to thank the chairman for includ- I appreciate the work of Chairman Let me also be clear that I under- ing Mr. MURPHY’s amendment into the LOBIONDO and Chairman MICA and, of stand that the Coast Guard has not yet en bloc amendment. course, our ranking member, Mr. appointed any ombudsman—and I know Mr. Chair, certainly there are a few LARSEN, and the ranking member, Mr. that the service would probably prefer other amendments that folks can speak RAHALL. I appreciate the effort that never to appoint an ombudsman be- to at the time that they wish, but we they put into this Coast Guard reau- cause they would prefer that their reg- have no objection to the en bloc, and thorization. ulatory decisions not be challenged. we encourage its support and its pas- I also appreciate the close working That said, rather than eliminating the sage. relationship I have with the chairman, requirement that the Coast Guard ap- With that, I yield back the balance of Mr. LOBIONDO. During my tenure as point an ombudsman, I believe that my time. chairman of the Coast Guard and Mari- this authority should be implemented Mr. LOBIONDO. I urge support of the time Transportation Subcommittee, he quickly to give businesses the oppor- amendment, and I yield back the bal- served as my ranking member, and now tunity to improve the application of ance of my time. that he is chair, I appreciate the com- Coast Guard regulations.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7366 CONGRESSIONAL RECORD — HOUSE November 4, 2011 Finally, let me also explain that this man program to continue so that we such section 182 (as amended by subsection provision does not require any new per- might be better able to get a fair eval- (a) of this section). sonnel to be hired. The statutory lan- uation of the program in the future. The Secretary is hereby authorized to take guage is clear, and staff have recon- Mr. CUMMINGS. I yield back the bal- any additional action the Secretary believes firmed with the Coast Guard that the ance of my time. necessary and proper to provide for the tran- position of ombudsman could be a col- Mr. LOBIONDO. Mr. Chairman, I sition to the nomination, selection, and ap- lateral duty that a qualified staff mem- yield back the balance of my time. pointment process provided under this sec- tion. ber performs in addition to their other The CHAIR. The question is on the duties. This is not my ideal arrange- amendment offered by the gentleman The CHAIR. Pursuant to House Reso- ment, but I raise this point so that it is from Maryland (Mr. CUMMINGS). lution 455, the gentleman from Mis- clear that the implementation of this The question was taken; and the sissippi (Mr. THOMPSON) and a Member provision does not require the Coast Chair announced that the noes ap- opposed each will control 5 minutes. Guard to hire new staff members. peared to have it. The Chair recognizes the gentleman I urge all Members who are con- Mr. CUMMINGS. Mr. Chairman, I de- from Mississippi. cerned about the impact that undue mand a recorded vote. Mr. THOMPSON of Mississippi. Mr. regulatory burdens may have on com- The CHAIR. Pursuant to clause 6 of Chairman, I yield myself such time as merce to join me in supporting this rule XVIII, further proceedings on the I may consume. amendment. amendment offered by the gentleman My amendment would allow Members I reserve the balance of my time. from Maryland will be postponed. of Congress to nominate qualified can- Mr. LOBIONDO. Mr. Chairman, I AMENDMENT NO. 4 OFFERED BY MR. THOMPSON didates for admission to the U.S. Coast claim the time in opposition. OF MISSISSIPPI The CHAIR. The gentleman from Guard Academy. The CHAIR. It is now in order to con- Located in New London, Connecticut, New Jersey is recognized for 5 minutes. sider amendment No. 4 printed in Mr. LOBIONDO. I want to thank the the Coast Guard Academy is one of the House Report 112–267. gentleman from Maryland for his kind five prestigious U.S. service academies. Mr. THOMPSON of Mississippi. Mr. comments. And it is correct, we’ve had The others are the Military Academy Chairman, I have an amendment at the an outstanding working relationship. in West Point, New York; the Naval desk. We’ve been able to come together on Academy in Annapolis, Maryland; the The CHAIR. The Clerk will designate many issues and share a lot of informa- Air Force Academy in Colorado the amendment. tion that has helped us both come to a Springs, Colorado; and the Merchant The text of the amendment is as fol- better conclusion. Marine Academy in Kings Point, New Unfortunately, in even great rela- lows: York. tionships sometimes there is some dis- At the end of title II, add the following: These service academies provide 4- agreement. It’s an honest disagreement SEC. 2ll. ACADEMY NOMINATIONS. year undergraduate educations on a on how we should proceed. I understand (a) APPOINTMENT.—Subsection (a) of sec- tuition-free basis to help mold talented the gentleman’s argument, but I be- tion 182 of title 14, United States Code, is amended to read as follows: young people into the Nation’s future lieve that the provision is duplicative ‘‘(a) NOMINATIONS.— leaders. Upon graduation, service acad- and costly. The implementation of this ‘‘(1) Half of each incoming class, beginning emy cadets become commissioned offi- language I think will worsen the chal- with academic year 2014, shall be composed cers in active or reserve components of lenges for the Coast Guard at a time of cadets nominated by: the military, the Merchant Marines, or when they’re facing very difficult ‘‘(A) The Vice President or, if there is no the U.S. Coast Guard. money constraints. We’ve heard the Vice President, by the President pro tempore Under current law, Members of Con- of the Senate. talk about how they don’t have the re- gress are authorized to nominate can- sources to do what they need to do, and ‘‘(B) A Senator. ‘‘(C) A Representative in Congress. didates to all U.S. service academies we have to worry about their critical ‘‘(D) The Delegate to the House of Rep- except the U.S. Coast Guard Academy. missions being able to be conducted. resentatives from the District of Columbia, The Coast Guard Academy uses an ad- The Coast Guard does not support the the Delegate in Congress from the Virgin Is- missions process similar to the proc- adoption of this provision; they did not lands, the Resident Commissioner from esses used at traditional civilian col- last year. I, once again, want to thank Puerto Rico, the Delegate in Congress from leges and universities. the gentleman from Maryland for Guam, the Delegate in Congress from Amer- On an average, the Coast Guard ac- working so closely with me, but, unfor- ican Samoa, or the Resident Representative cepts almost 400 applicants each aca- tunately, I have to oppose this par- from the Commonwealth of the Northern demic year. Of those 400 applicants, a ticular amendment. Mariana Islands. disproportionate number hail from I reserve the balance of my time. Each Senator, Representative, and Delegate Mr. CUMMINGS. Mr. Chairman, I in Congress, including the Resident Commis- States that border the Atlantic and Pa- yield such time as he may consume to sioner and the Resident Representative, is cific Oceans. The rest of the country is the gentleman from Washington (Mr. entitled to nominate 3 persons each year. Ca- largely underrepresented. My amend- dets who do not graduate on time shall not ment seeks to foster greater geo- LARSEN), the ranking member of the count against the allocations pursuant to subcommittee. graphic diversity in the Coast Guard subparagraphs (A) through (D). Academy’s applicant pool by allowing Mr. LARSEN of Washington. I sup- ‘‘(2) An individual shall be qualified for port Mr. CUMMINGS’ amendment strik- nomination, selection, and appointment as a each Member of Congress to nominate ing the provision in the underlying bill cadet at the Academy only if the indi- up to three qualified candidates. Simi- that would eliminate the requirement vidual— lar language that I offered with the for the Coast Guard to establish om- ‘‘(A) is a citizen or national of the United gentleman from Maryland, Representa- budsmen in Coast Guard districts States; and tive CUMMINGS, was accepted by voice ‘‘(B) meets such minimum requirements around the country. vote during consideration of the 2012 that the Secretary may establish. Coast Guard authorization bill. I want In committee, Mr. CUMMINGS offered ‘‘(3) The Superintendent shall furnish to to recognize Representative CUMMINGS and subsequently withdrew his amend- any Member of Congress, upon the written ment in the hope that some com- request of such Member, the name of the as a cosponsor of my amendment and a promise could be reached. Because the Congressman or other nominating authority true partner in this effort. program is little more than a year old, responsible for the nomination of any named Under my amendment, for academic I suggest that it might be premature or identified person for appointment to the year 2013, the Coast Guard would be re- for Congress to repeal this new pro- Academy.’’ quired to allocate a quarter of the slots gram. But I certainly do want to recog- (b) TRANSITION.—With respect to the nomi- in the incoming class to qualified can- nation of individuals, pursuant to section 182 didates submitted through the congres- nize the work that Mr. CUMMINGS and of title 14, United States Code, who will ma- Mr. LOBIONDO did to try to find some triculate in academic program year 2013, not sional nomination process. In subse- accommodation. less than 25 percent of the class shall be from quent academic years, half of the slots But I do encourage people to support nominations made pursuant to subpara- would be filled through the congres- this amendment to allow the ombuds- graphs (A) through (D) of subsection (a)(1) of sional nomination process.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7367 My amendment does not require the ken, that we can draw from a wider the country from a wide variety of Coast Guard to alter or lower its selec- pool rather than just the bi-coastal communities and backgrounds simply tion criteria. To the contrary, it an- parts of the United States of America. were not made aware either of the edu- ticipates that the Coast Guard will uti- What I would just say, why I stand cation that they could receive for free lize its criteria to select the best can- today in opposition is just that the in- at the Coast Guard Academy or the didates from the pool of Member-nomi- coming class is also a small class. It’s unique service opportunities available nated candidates to fill half of the slots 288 cadets. If you sort of just try and do in the Coast Guard. in the incoming class, just as it will do the math in terms of a body of 435 I’m very proud to say that the Coast in filling the remaining slots in the Members of the House, 100 in the Sen- Guard has begun making that effort, other half of the class. ate, and even with the 25 percent safe- and they are now beginning to realize Additionally, my amendment does guard that Mr. THOMPSON thoughtfully the promise that our Nation’s diversity not require the Coast Guard to increase added to this amendment, I think it represents. As a result of what I know class sizes; that’s a decision for the really would just be a cumbersome add- has been a tremendous effort, 34 per- Coast Guard. At its essence, it seeks to on to a process that really, again, is ac- cent of the Coast Guard’s Academy’s ensure that the Coast Guard attracts tively engaged. class of 2015 is comprised of minority the best candidates from all over the Admiral Sandra Stotz is the new su- students, nearly triple the percentage country by increasing the applicant perintendent at the academy, the first of minorities in the class of 2012. pool. female superintendent of a military I believe that implementing a nomi- Each of us has experienced the dis- academy in American history. And I nations process at the Coast Guard appointment of having a talented can just attest to the fact, having met Academy, something that I proposed young person that we nominated to one with her on a number of occasions along with Mr. THOMPSON during our of the four other service academies re- since she just started this past fall, she consideration of previous Coast Guard jected. We all understand that it’s a is focused like a laser beam in terms of authorizations, will help continue and very competitive process and slots are making sure that the great work that advance the achievements of the Coast scarce. I, for one, would welcome the was started over the last 2 years or so Guard. opportunity to bring that person to the is going to continue. Mr. LOBIONDO. Mr. Chairman, I attention of the Coast Guard Academy And Members can be part of that. We yield back the balance of my time. and help put him or her on a path to can all, again, go out and talk to high Mr. LARSEN of Washington. Mr. Chair, I schools, put it on our Web sites, have accomplishing much for themselves, support Mr. THOMPSON’s amendment to insert their families, and the Nation. Coast Guard cadets act as interns in a congressional nomination process for admis- With that, I reserve the balance of our office, do what we can to make sion to the United States Coast Guard. my time. sure that this amazing institution This provision, which was included in Coast Mr. LOBIONDO. Mr. Chairman, I that, again, is just producing great Guard legislation that passed the House dur- claim time in opposition. leaders for the future of our country, ing the 111th Congress, would establish the The CHAIR. The gentleman from will draw on, again, the great diversity same process to allow Members of Congress New Jersey is recognized for 5 minutes. of our Nation, both geographical and the opportunity to nominate individuals for en- Mr. LOBIONDO. I appreciate what socially. trance into the Coast Guard Academy. So, again, I support the goal of this the gentleman from Mississippi is at- I realize that the Coast Guard does not sup- amendment. It’s just the mechanics tempting to do here; however, I don’t port the Congress imposing a nomination that, again, I would just respectfully think this is workable. Every Member process on the agency, but if it does result in rise in opposition and, again, pledge of Congress would, every 4 years, get to a more diverse workforce within the Coast that as someone who represents the nominate someone to the Coast Guard Guard, we will all be better for it, including the New London district, will continue to Academy. I send a number of qualified Coast Guard, too. young people in that direction every work with the proponents to make sure year. And the Coast Guard strongly op- that the good progress that’s been CONGRESSIONAL NOMINATIONS AT THE COAST GUARD ACADEMY poses this amendment. made over the last couple of years or so I yield such time as he may consume will continue. VOTE ‘‘YES’’ ON THE THOMPSON AMENDMENT TO H.R. 2838 to the gentleman from Connecticut Mr. THOMPSON of Mississippi. Mr. The following list is of States and Terri- (Mr. COURTNEY). Chairman, I yield such time as he may Mr. COURTNEY. Mr. Chairman, I consume to the gentleman from Mary- tories where no applicants were accepted for the incoming Coast Guard Academy Class of land (Mr. CUMMINGS). rise in opposition to this amendment. 2015—Arkansas, Delaware, Louisiana, Mis- First of all, I just want to salute the Mr. CUMMINGS. I want to thank the sissippi, Montana, North Dakota, Oregon, amazing effort by Representative gentleman from Mississippi. Thank you South Dakota, Vermont, American Samoa, CUMMINGS and Representative THOMP- for your leadership and thank you for Puerto Rico, U.S. Virgin Islands. SON over the last 4 or 5 years to really, your kind words. Prepared by the House Committee on I think, profoundly change behavior at I’m truly amazed by what the Coast Homeland Security, Democratic Staff, No- the Academy’s admissions office in Guard is able to accomplish, particu- vember 4, 2011. terms of forcing them to widen the larly given the limits of its budget. But The CHAIR. The question is on the scope of their search for qualified stu- I remain the Coast Guard’s biggest sup- amendment offered by the gentleman porter. dents all across America. In the incom- from Mississippi (Mr. THOMPSON). During my tenure as chairman, I also ing class this year, we have students The question was taken; and the had the opportunity to be the service’s who hail from 48 States. We have 31 Chair announced that the noes ap- most constructive critic. Among the percent female cadets starting this peared to have it. many areas where I pushed the Coast year and 21 percent minority. Mr. THOMPSON of Mississippi. Mr. Guard to set and achieve higher goals Chairman, I demand a recorded vote. b 1230 was the area of diversity. Data pre- As both of the gentlemen who are the sented to the subcommittee showed The CHAIR. Pursuant to clause 6 of proponents of this amendment know, that minorities comprised approxi- rule XVIII, further proceedings on the that is a stark contrast to the situa- mately 12 percent of the class of 2012 amendment offered by the gentleman tion that existed a short time ago. And and just 16 percent of the class of 2013. from Mississippi will be postponed. I think, again, it is partly due to their By comparison, approximately 35 per- AMENDMENT NO. 5 OFFERED BY MR. PALAZZO external pressure, but also the fact cent of the Naval Academy’s class of The CHAIR. It is now in order to con- that the Coast Guard Academy’s lead- 2013 is comprised of minorities. And the sider amendment No. 5 printed in ership took the challenge and has real- tremendous gains in diversity achieved House Report 112–267. ly been, I think, actively recruiting all by the United States Naval Academy Mr. PALAZZO. Mr. Chairman, I have across the country to achieve, again, suggested that the Coast Guard Acad- an amendment at the desk. what I think is a goal that the gen- emy’s outreach had been too limited. The CHAIR. The Clerk will designate tleman from Mississippi has well spo- And as a result, many students across the amendment.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7368 CONGRESSIONAL RECORD — HOUSE November 4, 2011 The text of the amendment is as fol- As you delay shipbuilding contracts, Our bipartisan amendment gives lows: labor costs and material costs go up as United States-flagged tuna vessels in Strike section 303 (and redesignate subse- a result of standard inflation. As these the western Pacific Ocean the option of quent sections, and conform the table of con- costs go up, the costs to the taxpayers using Guam in addition to American tents, accordingly). go up, called escalation. Samoa as their annual required port of Page 22, strike lines 10 through 14 and in- Simply put, by continuing steady sert the following: call in order to meet U.S. maritime production of this ship, we are saving SEC. 303. MAJOR ACQUISITIONS REPORT. regulations. (a) IN GENERAL.—Subchapter I of chapter the taxpayer money and creating a bet- This amendment would save the U.S. 15 of title 14, United States Code, is amended ter product for the Coast Guard. This tuna industry millions of dollars and by adding at the end the following: ship is extremely important to our Na- thousands of man-hours that are need- ‘‘§ 569a. Major acquisitions report tion’s industrial base which already lessly wasted being forced by the U.S. Page 25, strike line 12 and all that follows faces a serious challenge in a time of maritime regulations to travel 2,600 before line 16 and insert the following: tight budgets. miles out of their way to make port (b) CLERICAL AMENDMENT.—The analysis at National security cutters are respon- visits. the beginning of such chapter is amended by sible for 1,300 jobs in over 40 States adding at the end of the items relating to throughout the industrial base. In a The background is that the 2006 such subchapter the following: time of deep cuts, this means real Coast Guard Authorization Act allowed ‘‘569a. Major acquisitions report.’’. U.S.-flagged tuna vessels in the west- The CHAIR. Pursuant to House Reso- American jobs. We can’t afford for America to lose more in terms of eco- ern Pacific to use internationally li- lution 455, the gentleman from Mis- censed officers. sissippi (Mr. PALAZZO) and a Member nomic and national security. The con- tinued, uninterrupted production could opposed each will control 5 minutes. b 1240 The Chair recognizes the gentleman potentially save the taxpayers millions from Mississippi. of dollars per ship and approximately The international officer provision Mr. PALAZZO. Mr. Chairman, I yield 1,300 jobs across America. was created because maritime officers myself such time as I may consume. One of my greatest concerns remains in the western Pacific are primarily My amendment would strike section the purchase of long lead time mate- from western Pacific nations. U.S. 303 of the bill, which places harmful re- rials to ensure that we do not delay maritime unions were not opposed to strictions on the future contracting production in the future. I have spoken the provision. In order to meet the re- and construction of the United States with Mr. LOBIONDO today, and I believe quirements of that provision, the bill Coast Guard national security cutter. that we can find a solution to this has required tuna vessels to make an The national security cutter is a issue before or during the conference annual port call in American Samoa, much needed and extremely cost-effec- process. With the cooperation of the some 2,000 miles away. tive ship for the Coast Guard, and it Coast Guard and my friends on the In 2006, the tuna fleet in the region has actively proven its value through committee, I feel confident we can con- was very small at 12 boats. American highly successful counterdrug and tinue to deliver the best product to the Samoa had a market to process the fish other missions while replacing an Coast Guard at the best possible price for those boats. Since 2006, however, aging Coast Guard fleet. This is a ship to the taxpayer. the Coast Guard desperately needs and I am willing to withdraw my amend- the tuna fleet in the western Pacific replaces the 378-foot endurance cutters, ment. has grown to 38 vessels. most of which are 40 to 50 years old. Mr. LOBIONDO. Will the gentleman Mr. Chairman, approximately 25 of Just recently, the commandant of yield? those vessels supply fish to western Pa- the Coast Guard told the press, we Mr. PALAZZO. I yield to the gen- cific processors and then ship the fish can’t the get rest of those out soon tleman from New Jersey. product to California, to Georgia, to Il- enough. On average, the Coast Guard’s Mr. LOBIONDO. I want to thank the linois, to Puerto Rico for canning. legacy high-endurance cutters are able gentleman from Mississippi and assure These canneries provide thousands of to achieve approximately 140 of their him that we have discussed and we will U.S. jobs. These 25 vessels are still re- programmed 185 days under way a year. continue to work toward a common quired to travel over 2,600 miles to Maintenance costs continue to esca- goal which we both share. American Samoa and waste 7 days at late, and further delay of the transi- Mr. PALAZZO. Mr. Chairman, I ask sea. This costs each boat more than tion to national security cutters will unanimous consent to withdraw my half a million to make this unneces- only exacerbate challenges we are al- amendment. The CHAIR. Without objection, the sary trip. ready facing meeting fleet readiness gentleman’s amendment is withdrawn. The purpose of this amendment is to and mission requirements. This ship There was no objection. give these tuna boats the option of represents the centerpiece of the Coast AMENDMENT NO. 6 OFFERED BY MRS. stopping in Guam in order to meet the Guard fleet. NAPOLITANO requirement of visiting a U.S. port The first two national security cut- The CHAIR. It is now in order to con- once a year, while receiving marine in- ters are enabling the Coast Guard to sider amendment No. 6 printed in spection by the largest Coast Guard meet a wide range of missions now. House Report 112–267. sector station in the region. During initial deployment, the na- Mrs. NAPOLITANO. Mr. Chairman, I And, of course, Guam is very close to tional security cutters have netted have an amendment at the desk. the tuna fishing grounds. Guam’s Coast hundreds of millions of dollars in drug The CHAIR. The Clerk will designate Guard infrastructure and personnel are busts. In fact, the street value of co- the amendment. The text of the amendment is as fol- excellently equipped to provide these caine seized in the NSC’s first two de- tuna vessels with proper marine inspec- ployments alone exceeds the total cost lows: Page 47, line 10, strike ‘‘and’’ at the end. tion and safety review on a timely of building a national security cutter. basis. It is easy to see that this ship is an ex- Page 47, after line 10, insert the following: (2) in subsection (c) by inserting ‘‘or I urge all of my colleagues to support ceptional investment in our national Guam’’ before the period at the end; and security. this commonsense amendment which Page 47, line 11, strike ‘‘(2)’’ and insert will save our U.S. tuna industry mil- As it currently stands, H.R. 2838 ‘‘(3)’’. lions of dollars. The U.S. House of Rep- would prohibit the Coast Guard from The CHAIR. Pursuant to House Reso- resentatives is already on record sup- moving forward on NSC 6 and NSC 7. lution 455, the gentlewoman from Cali- porting this provision. The provision The $77 million pending in FY12 will fornia (Mrs. NAPOLITANO) and a Mem- was part of the Coast Guard authoriza- enable the Coast Guard to contract for ber opposed each will control 5 min- tion of 2009 that overwhelmingly long lead time materials and transition utes. to a planned construction contract in The Chair recognizes the gentle- passed this House. fiscal year ’13. This is the most cost-ef- woman from California. Mr. Chairman, I reserve the balance fective method of procuring and build- Mrs. NAPOLITANO. Mr. Chairman, I of my time. ing any ship, whether it’s for the Coast yield myself such time as I may con- Mr. LARSEN of Washington. I claim Guard, Navy or the Marine Corps. sume. the time in opposition.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7369 The CHAIR. The gentleman is recog- in foreign countries where workers Due to a shortage of licensed U.S. citizens nized for 5 minutes. there are paid only 60 cents an hour, as willing to serve as officers on U.S. tuna ves- Mr. LARSEN of Washington. I yield opposed to the only company that cur- sels, Mr. Burney and many of the individuals my time to the gentleman from Amer- now on the SPTC team sought my support rently buys the whole fish, which is for a provision which would allow the U.S.- ican Samoa (Mr. FALEOMAVAEGA). StarKist. They buy the whole fish, and flag distant water tuna fleet to employ inter- (Mr. FALEOMAVAEGA asked and it provides jobs for my district. nationally licensed personnel to serve as of- was given permission to revise and ex- Because of the global economic reces- ficers (except for the master). These individ- tend his remarks.) sion that we have experienced, and be- uals informed my office that this exemption Mr. FALEOMAVAEGA. I rise re- cause of the terrible tsunami and was necessary to keep American Samoa’s spectfully in opposition to the gentle- earthquake that was subjected to my economy stable and our canneries oper- lady’s proposed amendment. people 2 years ago, one of the proc- ational given that the Territory’s private Mr. Chairman, perhaps unknown to sector economy is more than 80% dependent, essing companies, Chicken of the Sea, directly or indirectly, on the U.S. fishing and many of my colleagues of the House, just took off after making billions of processing industries. for more than 50 years my little dis- dollars worth of canned tuna in my lit- I was also informed that this provision was trict of American Samoa has been the tle district, leaving the economy of my necessary to build up the fishing fleet which backbone of the U.S. tuna fishing and territory a disaster. had dwindled to about 12 or 14 boats. No processing industries, just like Puerto What has happened is that there is boats meant no fish to American Samoa’s Rico and the U.S. Virgin Islands have canneries and no fish meant no canneries. another added feature of this whole So, for the benefit of American Samoa, been the backbone of the rum industry. problem with the tuna industry. We language was inserted in the Senate to ac- Today, the U.S. tuna processing in- have what is now pending, the U.S. Re- commodate an exemption. However, because dustry includes three major brands of gional Tuna Fishing Treaty with 16 Congress intended the provision to help canned tuna, namely, Bumble Bee, other Pacific island countries. Part of American Samoa’s canneries and economy, Chicken of the Sea, and StarKist. the problem that came out of this trea- the provision stipulated that the exemption Bumble Bee was formerly owned by a ty arrangement was, because the tuna would only apply to tuna vessels home- Canadian company, then purchased by ported in American Samoa. fishing fleet at the time felt that be- Because of the uniqueness of the provision, U.S. investors and is now resold to an cause tuna was a highly migratory Congress also limited the provision to 48 investment group from Great Britain. fish, they could go anywhere in the months and set an expiration date of July 10, Chicken of the Sea continues and has world and fish regardless of what the 2010. Within that 48-month time period, it always been a subsidiary company of EEZ zones of these countries are. Well, was my understanding that the U.S. Tuna Thai Union, which currently is the they tried that in Latin America and Foundation and the individuals who are now world’s largest producer of canned we had our vessels confiscated. So what part of the SPTC team would work to estab- tuna. happens? Our tuna fishing fleet moved lish a program to train U.S. citizens and Na- StarKist was formerly a subsidiary tionals to serve as officers but this promise on to the western Pacific; and it was in was not kept. company of Heinz Foods Corporation that one incident that one of our ves- Also, last year, without consultation, out of Pittsburgh, Pennsylvania, then sels was confiscated by this little is- SPTC’s lobbyist sought to broaden the ex- was sold to Del Monte out of San Fran- land country called the Solomon Is- emption to allow tuna vessels home-ported cisco, and it was purchased by the lands, and the whole thing went up in in Guam or CNMI to receive the same crew Dongwon Company out of South Korea. the air. exemption as tuna vessels home-ported in All three of these major tuna proc- It was necessary that then-Secretary American Samoa. Although SPTC failed in essor companies have corporate offices of State George Shultz and Mr. its attempt, it called into question SPTC’s in Pittsburgh and in San Diego. How- motive for broadening an exemption since Negroponte came in and this was how neither CNMI nor Guam have a tuna indus- ever, their methods of processing and we started having this regional tuna try. I believe SPTC’s motive is easily ex- canning of tuna are quite different, fishing treaty for and on behalf of the plained by a brief overview of the U.S. tuna along with the manner in which our benefit of our tuna fishing fleet. And fishing fleet. U.S. tuna fishing fleet has been oper- this is how we tried to do to make sure The U.S. Tuna Fishing Fleet ating given the tremendous change that there is a constant supply of tuna The U.S. tuna fishing fleet is currently now taking place in the entire global that could be brought in to be proc- made up of about 39 vessels, with one license tuna industry. essed, the whole fish, by the two proc- still available. About 14 of these vessels are I want to say that I have the utmost essing plants that we have in American 100% U.S. owned. The other 25 tuna boats are respect for my good friend, the gentle- Samoa. This is no longer the case. newer vessels, built in foreign countries, with 51% U.S. ownership, and 49% foreign- lady from California, and out of prin- I respectfully ask my colleagues, ciple, I just want to respectfully say ownership. Most of the foreign-built boats vote down this proposed amendment. are part of a company known as the South there are some very unique features of CONGRESS OF THE UNITED STATES, Pacific Tuna Corporation (SPTC). the situation and why I respectfully HOUSE OF REPRESENTATIVES, Mr. Chris Lischewski, CEO and former oppose the amendment. Washington, DC, February 28, 2011. President of Bumble Bee, is a part-owner of Eighty percent of the entire economy Re Docket No. USCG–2010–1146 South Pacific Tuna Corporation. Chicken of of my district depends on the tuna in- DOCKET MANAGEMENT FACILITY (M–30) the Sea and/or its parent company, Thai dustry, and if something happens in U.S. Department of Transportation, West Build- Union, is also a part-owner of the foreign- terms of the balance between the proc- ing Ground Floor, New Jersey Avenue, SE, built tuna boats. Washington, DC. Whether U.S. or foreign-built, all 39 tuna essors and our fishing fleet, this is boats, or the entire U.S. tuna fishing fleet, DEAR SIR OR MADAM: I am writing in sup- where the problems and the complica- fishes under the auspices of the South Pa- tions have come about. port of the USCG’s Draft Policy Letter (CG– 543) on ‘‘Safety Requirements and Manning cific Tuna Treaty, a treaty between the To the extent that the South Pacific Exemption Eligibility on Distant Water United States and 16 Pacific Island nations. Tuna Corporation, which owns about 25 Tuna Fleet Vessels’’ published in the Federal Under the terms of the Treaty, the U.S. gov- of the 30 or 40 vessels that make up the Register on January 20, 2011. ernment pays out $18 million annually to the U.S. tuna fishing fleet, the problem I am also writing to rebut misinformation Pacific Island parties in return for the right here is that we’ve got a problem of out- put forward by the South Pacific Tuna Cor- of our U.S. tuna boats to fish in the exclu- sive economic zones (EEZ) of the 16 Pacific sourcing, where two of these compa- poration (SPTC) in response to USCG–2010– 1146. Island parties to the Treaty. The U.S. tuna nies, Chicken of the Sea and Bumble boats also pay the Pacific Island parties Bee, do not process the whole fish. Legislative Background about $3 million or more per year, depending As far as tuna is concerned, 90 per- In 2005, as a Member of Congress rep- on the amount of tuna they catch. cent of the value of the tuna comes in resenting the U.S. Territory of American According to the U.S. Department of the gutting and the processing. The Samoa, I was involved with the enactment of State, the landed value of the catch in 2008 canning is only about 10 percent. What the initial 2006 foreign officer provision. At was in excess of $200 million but the value of the time, I was visited by many of the indi- has happened is that Chicken of the the tuna as it moves through the processing viduals now on the (SPTC) team, as well as and distribution chain may be as much as Sea and Bumble Bee have chosen not to Mr. Dave Burney, now deceased, who served $400 to $500 million. buy the whole fish but to simply buy as the Executive Director of the U.S. Tuna Of the approximate 300,000 metric tons of the loins of the fish, as it was cleaned Foundation. tuna that is caught, which is referred to as

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7370 CONGRESSIONAL RECORD — HOUSE November 4, 2011 whole fish, about 120,000 metric tons is di- why the exemption was only granted to ves- is contrary to the principles upon which the rect-delivered to American Samoa per year. sels operating in and out of American Treaty was founded. Chicken of the Sea fol- Direct delivery means the tuna boats actu- Samoa. No other boats were provided this ex- lowed suit. Both Chicken of the Sea and ally pull into American Samoa’s port and emption and I am hopeful that the USCG Bumble Bee now have their fish cleaned by offload their catch. Given Chicken of the will hold to Congressional intent and move low-wage workers in Thailand, Fiji and Sea’s closure, the amount of tonnage direct- forward with its Draft Policy Letter. Papua New Guinea. Then they send their delivered to American Samoa is now less but Sincerely, pre-cleaned fish to canneries in California, with the presence of a new cannery, Tri-Ma- ENI F.H. FALEOMAVAEGA, Georgia and Puerto Rico where they hire rine, we expect to be operating again at full Member of Congress. skeletal crews to put the fish into cans as a capacity. means of taking advantage of U.S. duty-free Contrary to SPTC’s claims, American U.S. SENATE, laws. Samoa has the capacity to process up to HART SENATE OFFICE BUILDING, The USDA has caught on to this un-Amer- 280,000 metric tons with room for growth. Washington, DC, April 1, 2011. ican way of doing business and this is why Nonetheless, for purposes of this statement, Hon. ENI F.H. FALEOMAVAEGA, canned tuna processed by Bumble Bee and I want to point out what happens to the House of Representatives, Chicken of the Sea does not qualify for the other 180,000 metric tons which American Washington, DC. Buy America program. To date, StarKist is Samoa is not processing right now. DEAR CONGRESSMAN FALEOMAVAEGA: Thank the only remaining tuna company that What happens is that the foreign-built you for your letter regarding the U.S. Coast qualifies for the Buy America program be- tuna boats owned by SPTC, which Chicken of Guard’s draft policy on the ‘‘Safety Require- cause it is the only company that still cleans the Sea and/or Thai Union have part owner- ments and Manning Exemption Eligibility its tuna in the U.S.A., making StarKist the ship in, are transshipping their catch to for- on Distant Water Tuna Fleet Vessels.’’ I am only tuna company that upholds the intent eign nations where the tuna is cleaned, or in full agreement with you that our intent in of the Treaty which is in place to also pro- loined, by workers who are paid $0.75 cents passing the original exemption was to sup- vide tangible benefits to the U.S. and less per hour. port a U.S.-flag fleet that operated in and In other words, 25 members of our very own out of American Samoa. Accordingly, I am As a result of this transformational shift U.S. tuna fishing fleet sell off their catch to pleased the Coast Guard is making an effort which has taken place in the U.S. tuna in- foreign nations and then send the cleaned to define this requirement in a meaningful dustry during the past decade, foreign na- tuna loin back to Bumble Bee and Chicken of way. Please be assured that I will notify the tions like Thailand are making billions at the Sea so that these two tuna canneries can Coast Guard of my support for the proposed the expense of the U.S. taxpayer and Pacific maximize their corporate profits while off- policy. Island Parties. Thailand, which has no fish- shoring American jobs. These 25 members of Aloha, ing fleet of its own, has become the world’s the U.S. tuna fishing fleet do this despite the DANIEL K. INOUYE, largest producer of canned tuna and controls fact that they fly the U.S. flag and are sub- United States Senator. about 30% of the private-label canned tuna sidized by the American taxpayer to the tune business in the U.S.A. I attribute Thailand’s of $18 million per year to fish in the South HOUSE OF REPRESENTATIVES, success, in part, to a loophole in the South Pacific Tuna Treaty Area. And what does the COMMITTEE ON FOREIGN AFFAIRS, Pacific Tuna Treaty. American taxpayer get in return? We get a Washington, DC, June 28, 2011. When the Treaty was first negotiated, all depleted tuna stock not to mention the safe- Hon. DANIEL K. INOUYE, U.S. tuna boats off-loaded their fish in U.S. ty threat these new boats pose. Chairman, Senate Committee on Appropriations, ports. Today, tuna boats that are 51% U.S. In the time it takes to make 3 direct-deliv- Washington, DC. owned like those of the South Pacific Tuna DEAR MR. CHAIRMAN: I am writing to re- eries, the new SPTC foreign-built tuna boats Corporation trans-ship the majority of the quest your support in increasing funding for can make 5 transshipment deliveries by off- fish they catch in the Treaty Area to Thai- the South Pacific Tuna Treaty and for the loading their catch to a big mother ship land. Thailand then buys the tuna that Treaty to be renegotiated in a way that meaning that they can return more quickly comes out of the South Pacific Tuna Treaty would distinguish between U.S. tuna boats to the South Pacific Tuna Treaty fishing Area and puts workers in America out of that direct-deliver their fish to American grounds where they can catch more and jobs because Thailand’s fish cleaners, which Samoa, or another U.S. port, and those that more tuna at a more maddening pace, with are paid 75 cents and less per hour, directly do not. very little U.S. Coast Guard oversight be- compete against workers in American cause of SPTC’s unwillingness to pull into When the Treaty was first negotiated, it was negotiated for purposes of providing U.S. Samoa who are paid in accordance with fed- American Samoa’s port, once a year. eral minimum wage laws. Disregarding U.S. interests was never the foreign assistance to the Pacific Island Par- Congressional intent of a crew exemption ties while also providing a tangible benefit While it is true that boats from the South provision. to the U.S. By the time the Treaty was re- Pacific Tuna Corporation at one time indi- S. 3607 newed in 2002 until now, the U.S. provided rectly supplied tuna to Chicken of the Sea/ the Pacific Island Parties about $18 million Samoa Packing in American Samoa, this has While SPTC would have the USCG believe annually in exchange for our U.S. tuna boats not been the case since Chicken of the Sea that the U.S. House of Representatives sup- to fish in the Treaty area. The U.S. tuna left American Samoa and set up a skeletal ported a permanent exemption, this is not boats also paid a collective, not individual, crew in Lyons, Georgia. In fact, according to the case. What happened is SPTC had lan- fixed rate of about $3 million per year, and the Congressional Research Service, of the guage inserted in H.R. 3619 without the above that amount depending on the amount approximately 300,000 metric tons of tuna knowledge of Guam, CNMI or American of fish caught and the value of it. that is caught by the U.S. tuna fishing fleet Samoa. But, last year, during conference, We have since learned that according to in the South Pacific Tuna Treaty Area, more the U.S. House of Representatives and Sen- the Congressional Research Service (CRS) than 180,000 metric tons is transshipped and ate agreed with my position and put a halt the U.S. tuna boats harvest about $250 mil- outsourced to foreign nations, like Thailand, to SPTC’s request to make this provision lion worth of tuna annually but the value of and I believe this un-American practice of permanent. the tuna as it moves through the processing outsourcing U.S. and Pacific Island resources House and Senate also agreed to require and distribution chain may be as much as must stop. the DWTF to undergo a safety inspection in $500 million or more. Given that the PNA American Samoa once a year in order to ac- This is why I am hopeful that the U.S. controls about 25–30% of the world’s supply commodate my request for an annual call on State Department will make a distinction of tuna which is primarily in the Treaty the Territory’s port. between tuna boats that directly off-load in Area, I believe that the Pacific Island Par- On the evening before the bill went for a American Samoa, and those that do not. For ties to the Treaty deserve a more equitable vote, SPTC’s representatives visited my of- boats like those of the South Pacific Tuna distribution of this wealth. $18 million plus fice and begged for an as-is two-year exten- Corporation which outsource, I believe their the small contribution of the U.S. tuna boat sion conditioned on the promise that SPTC fishing days should be limited, that they owners is not enough. should pay increased fees to fish, and that would work to do right by American Samoa Regarding U.S. interests, when the Treaty they should be required to pull into U.S. and honor its original commitments. In first went into effect, all three major brands ports once a year for the privilege of the good-faith, I agreed to work with SPTC. of canned tuna in the U.S., including fishing in the Treaty Area. I also believe Conclusion StarKist, Chicken of the Sea and Bumble U.S. tuna boats that direct-deliver to U.S. Regrettably, I have reviewed SPTC’s state- Bee, purchased their tuna from U.S. tuna ports, including American Samoa, should be ment submitted to the USCG and I am dis- boats authorized to fish in the Treaty Area. given preferential treatment for licenses if appointed that once more, SPTC, has mis- The fish was then cleaned in the U.S., includ- the U.S. is not able to secure licenses for the represented the facts surrounding this man- ing American Samoa which was home to the entire fleet. ning provision or American Samoa’s capa- largest cannery in the world because of our bilities. close proximity to the fishing grounds. I would appreciate your support of these The original intent of a crew exemption About a decade ago, Bumble Bee adopted a changes, and I will do everything I can to provision was to bolster American Samoa’s new model of doing business and began out- also garner support from the U.S. Depart- economy, not increase SPTC profits. This is sourcing American resources and jobs, which ment of State. As always, I thank you for

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7371 the good work you are doing and continue to The CHAIR. The time of the gen- The CHAIR. The Clerk will designate wish you the very best. tleman from Washington has expired. the amendment. Sincerely, Ms. NAPOLITANO. Mr. Chairman, I The text of the amendment is as fol- ENI F.H. FALEOMAVAEGA, yield the balance of my time to the lows: Ranking Member, Subcommittee on Asia and gentlewoman from Guam (Ms. Page 95, after line 14, insert the following: the Pacific. BORDALLO). ‘‘(7) STATE OPERATIONAL REQUIREMENTS.— ‘‘(A) IN GENERAL.—If any State determines U.S. DEPARTMENT OF STATE, The CHAIR. The gentlewoman is rec- that the protection and enhancement of the Washington, DC, August 9, 2011. ognized for 11⁄2 minutes. quality of waters within the State require Hon. ENI. F.H. FALEOMAVAEGA, Ms. BORDALLO. I rise today in sup- port of the amendment offered by my greater environmental protection than House of Representatives. would be achieved through the application of DEAR MR. FALEOMAVAEGA: Thank you for colleague from California, GRACE a standard specified under subsection (c) or your letter of June 28 regarding the 1987 NAPOLITANO. established under subsection (d), the State South Pacific Tuna Treaty and for your in- While I am sympathetic to and recog- may impose operational requirements that terest in the ongoing negotiations to amend nize the concerns of my friend and col- are more protective than such standards, ex- and extend that arrangement. league from American Samoa, I have cept that a State operational requirement We recognize the vital importance of sus- received significant support from my imposed under this paragraph may not— tainable tuna fisheries to the Pacific and the constituents to include Guam as an eli- ‘‘(i) require the installation of a ballast significant contribution that the U.S. indus- water treatment technology that differs try supported by the Treaty makes to the gible port of call for annual safety in- from that required by the standard specified U.S. economy, particularly in American spections only to the U.S. distant under subsection (c) or established under Samoa. We also recognize that there have water tuna fleet. Permitting the fleet subsection (d); or been important changes in the Pacific since to call on Guam in addition to Amer- ‘‘(ii) apply until the Administrator and the the Treaty was last extended. Under these ican Samoa will create additional eco- Secretary determine that the waters of the circumstances, changes to the Treaty will be nomic opportunities for my constitu- State require greater environmental protec- necessary to ensure that it remains an effec- ents. tion and such greater environmental protec- tive and viable agreement that promotes re- tion can be achieved by the State oper- sponsible and sustainable tuna fisheries, pro- b 1250 ational requirement. vides satisfactory economic returns to the The fleet can utilize Guam’s Coast ‘‘(B) FACTORS FOR DETERMINATION.— Pacific Island Parties and contributes to the Guard sector, our port, our ship repair ‘‘(i) DETERMINATIONS BY ADMINISTRATOR.— development of the small-island developing In making the determination under subpara- States. We are currently working to address facilities, and can service their heli- graph (A)(ii), the Administrator shall con- these and other issues in the renegotiations, copters. It is a commonsense approach sider— including at our most recent meeting in to enforce the safety inspection re- ‘‘(I) whether the receiving waters have Samoa in July. quirements for the U.S. flag vessels. been afforded special protection under Fed- We appreciate your views on the issues of I want it to be very clear, Mr. Chair- eral or State law; off-loading and the allocation of days or li- man, that I would like better assurance ‘‘(II) the benefits to human health, welfare, censes among the U.S. fleet. We are sensitive from the administration, industry, and or the environment of the additional protec- to the need to negotiate an agreement that tion for the receiving waters; does not put the United States at a competi- stakeholders that this will not harm the tuna industry in American Samoa. ‘‘(III) the reduction in risk to human tive disadvantage. health, welfare, or the environment resulting As the negotiations proceed, we will con- That industry is critically important from the additional protection; tinue to keep you apprised of their progress. to their economy, and its competitive ‘‘(IV) the propagule pressure to be ad- Please do not hesitate to contact us if we advantages must not be undermined. dressed by the additional protection; may be of assistance in this or any other I am committed to working with my ‘‘(V) applicable Federal and State law; manner. friend to ensure that the American ‘‘(VI) applicable international standards; Sincerely, Samoa tuna industry remains strong. and DAVID S. ADAMS In fact, I am staunchly opposed to the ‘‘(VII) the costs and benefits of providing Assistant Secretary, Legislative Affairs. distant water tuna fleet fishing in the additional protection. Mrs. NAPOLITANO. Mr. Chairman, I Guam’s waters. The fleet is, in fact, ‘‘(ii) DETERMINATIONS BY SECRETARY.—In yield 1 minute to the gentleman from making the determination under subpara- prohibited from fishing in Guam’s eco- graph (A)(ii) the Secretary shall consider— California (Mr. BILBRAY). nomic zone, and if it were to do so, it Mr. BILBRAY. I’ve got to say, quite ‘‘(I) the effect that the use of the State would threaten the livelihoods of our frankly, I appreciate the gentleman operational requirement for additional pro- own local fishermen. tection would have on the operation, oper- from American Samoa and his position. If this amendment passes, I would ational capability, and safety of the crew If I represented that island, I would be strongly urge the Coast Guard, the Na- and vessel; wanting to defend the monopoly that tional Marine Fishery Services, and all ‘‘(II) the potential impacts on shipping, island has in the western Pacific today. relevant agencies to aggressively en- trade, and other uses of the aquatic environ- ment; But the fact is, as a Nation, we’ve got force existing regulations and to pre- to look at not only the great economic ‘‘(III) applicable Federal and State law; vent any illegal opportunist harvest in ‘‘(IV) applicable international standards; impact of this monopoly of forcing Guam’s waters. boats to travel for thousands of miles and Again, I support this amendment. ‘‘(V) the costs and benefits of providing the to get back to one centralized location The CHAIR. The question is on the additional protection. because of a political decision here in amendment offered by the gentle- ‘‘(C) DEADLINE.—Upon application of the Washington, but we’ve also got to look woman from California (Mrs. State, the Administrator and the Secretary at this fact that the lady from Cali- NAPOLITANO). shall make the determination within 180 fornia has an amendment that will ad- The question was taken; and the days of the date of the completed applica- dress not just the economic impact but Chair announced that the noes ap- tion. ‘‘(D) APPROVAL OF STATE OPERATIONAL RE- what about the environmental. peared to have it. QUIREMENTS.— And I would ask my colleagues on Mr. FALEOMAVAEGA. Mr. Chair- ‘‘(i) IN GENERAL.—If the Administrator and both sides of the aisle, consider the man, I demand a recorded vote. the Secretary determine upon application by fact that we talk about greenhouse The CHAIR. Pursuant to clause 6 of a State that the protection and enhancement gasses and emissions, but, as a law, rule XVIII, further proceedings on the of the quality of waters within that State re- we’re requiring these fishing boats to amendment offered by the gentle- quire more environmental protection and travel for 6 to 7 days over thousands of woman from California will be post- that such greater protection can be achieved miles because of our laws here. If we poned. by the operational requirement, the Admin- istrator and the Secretary shall approve the truly want to say we want to reduce AMENDMENT NO. 7 OFFERED BY MR. BISHOP OF application for the State operational re- emissions, we should reduce the emis- NEW YORK quirement. sions forced by regulation by sup- The CHAIR. It is now in order to con- ‘‘(ii) LIMITATION.—The Administrator and porting the gentlelady’s amendment. sider amendment No. 7 printed in the Secretary may not approve a State oper- Mr. LARSEN of Washington. Mr. House Report 112–267. ational requirement if the requirement— Chairman, is there any time left on Mr. BISHOP of New York. Mr. Chair- ‘‘(I) would have an unreasonable impact on this side? man, I have an amendment at the desk. the use of traditional shipping lanes; or

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7372 CONGRESSIONAL RECORD — HOUSE November 4, 2011 ‘‘(II) would prohibit the discharge of bal- mining if some of their State waters single uniform national ballast water last water in all the waters of the State. deserve additional protections while standard and that, if this amendment ‘‘(iii) REGULATIONS.—Following the ap- maintaining a uniform national stand- were to go forward, it would actually proval of a State operational requirement by ard, then you should vote for the gut this portion of it. the Administrator and the Secretary under this paragraph, the Secretary shall by regu- Bishop amendment. If, on the other So I urge all Members to oppose the lation implement the State operational re- hand, you believe that States should amendment, and I reserve the balance quirement for the waters of the State. have absolutely no say whatsoever in of my time. The CHAIR. Pursuant to House Reso- protecting particularly sensitive wa- Mr. BISHOP of New York. May I in- lution 455, the gentleman from New ters within their jurisdictions, then quire as to how much time I have left? York (Mr. BISHOP) and a Member op- you should oppose the Bishop amend- The CHAIR. The gentleman has 1 posed each will control 5 minutes. ment. Given what we’ve done thus far minute remaining. The Chair recognizes the gentleman in this Congress, I would hope that Mr. BISHOP of New York. Respect- from New York. Members would continue to assert that fully, I believe that my colleague and Mr. BISHOP of New York. Mr. Chair- States have a role. friend from New Jersey has man, my amendment amends title VII Earlier this year, we passed H.R. 2018, mischaracterized pieces of the amend- of the Coast Guard reauthorization bill the Cooperative Federalism Act of 2011. ment. to recognize the importance of both This bill would eliminate any Federal Let me be clear. I quote: Federal and State efforts to protect the role in setting baseline water quality The amendment would not allow waters of individual States by retain- standards, giving full discretion to the States to require the installation of ing a limited, surgical role for States States. The bill that is before us flips ballast water treatment technology to provide additional operational limi- that precisely. It would provide no role that differs from that required by the tations to protect important State re- for the States and give 100 percent of standards specified under subsection source waters from the introduction of the role to the Federal Government. (c)—in other words, what the under- invasive species and other pollutants. I would ask that the House continue lying bill provides—and they could not In concept, I agree with Chairman to recognize the role of States in set- impose standards until they had ap- LOBIONDO that we should enact a strin- ting standards for water quality in wa- plied to the administrator and the Sec- gent uniform national standard for bal- ters that they control, so I would urge retary, and they would have to deter- last water treatment technologies for the adoption of my amendment. mine that the waters of the State re- commercial vessels. It makes sense to Before I close, I do, though, want to quired greater environmental protec- set a high standard that is techno- thank Chairman LOBIONDO. We worked tion. logically achievable and reduces the very hard over the last several weeks So this would be a State request to likelihood of introducing invasive spe- in trying to come to a resolution of the EPA. cies into our native waters. this matter. We were unable to get Finally, the administrator and the My amendment does not add or there, but it was not for lack of trying. Secretary, by the language of this change any technological requirements I thank the chairman and the ranking in the bill. Let me say that again. My amendment, could not approve a State member for their efforts to bring this amendment does not add or change any operational requirement if that re- matter to a bipartisan resolution. I’m technological requirements in the bill. quirement, A, would have an unreason- This is an issue of extreme importance sorry we couldn’t get there, but as I able impact on the use of traditional to industry for understandable reasons. say, it was not for lack of trying. shipping lanes or, B, would prohibit the With that, I reserve the balance of Nor does it give States carte blanche to discharge of ballast waters in all wa- my time. prevent ships from releasing ballast ters of the State. Mr. LOBIONDO. I claim the time in water. It simply provides for the abil- This is a very narrowly crafted effort opposition. ity of States to petition the Federal to provide at least some role for the The CHAIR. The gentleman from Government, under a set of criteria States, subject to the approval of the New Jersey is recognized for 5 minutes. that protects international and domes- Federal Government. Mr. LOBIONDO. Mr. Chairman, I ap- tic commerce, to identify and protect With that, I yield back the balance of preciate what the gentleman from New highly sensitive water resources within my time. York is attempting to do. We did give a State’s existing jurisdiction. Mr. LOBIONDO. I yield 1 minute to My amendment is not without prece- a mighty effort in trying to reach an the gentleman from Indiana (Mr. dent. In 1996, Congress amended the agreement. It’s one of those situations BUCSHON). Clean Water Act to require the Depart- where we just have a different point of Mr. BUCSHON. I rise today in opposi- ment of Defense to work with the EPA view. tion to the amendment of the gen- to regulate ballast water from military It is my opinion that this amend- tleman of New York (Mr. BISHOP) and, vessels through the Uniform National ment would make the current situation subsequently, to that of the gentleman Discharge Standards program. In pro- even worse because it would allow from Michigan (Mr. DINGELL), which viding for these uniform national States to completely prohibit the dis- also affects the uniform national standards, the then-Republican-led charge of ballast water, if they chose, standard of ballast water discharge. Congress acknowledged a deep respect regardless of what technology was in- This legislation creates a national for the rights of States, including a re- stalled on a vessel. So here is the situa- standard that we desperately need. sidual authority for States to establish tion: Currently, each State is able to create ‘‘no discharge zones’’ similar to those You could have a vessel owner install its own rules and regulations for bal- that would be allowed under my technology worth millions of dollars, last water discharge. The State of New amendment if it were to pass. technology that would treat ballast York recently enacted extreme new Section 312 of the Clean Water Act, water to 1 million times the standard ballast water requirements that are 100 which is probably the closest analogy in the bill, and you could still have a times more stringent than inter- to the issue of ballast water discharges State come in and say, We’re going to national standards. After an extensive from commercial vessels, establishes prohibit the vessel from discharging. study, the Wisconsin Department of uniform standards for discharges of It completely undermines the uni- Natural Resources determined that the marine sanitation devices. Section 312 form standards that we are attempting technology does not exist to meet this specifically reserves a role for States to accomplish. The amendment would standard. If allowed to go into effect, to create ‘‘no discharge zones’’ for im- also allow States to dictate how much these regulations would cost Indiana portant State waters, provided that ballast water could be discharged, the approximately 8,800 jobs while doing those zones will not adversely impact depth of the water where the discharge little to protect the Great Lakes from vessels from operating within the is permitted, and even at what hours of invasive species. States. the day. The issue really boils down to this: I think—and, again, my opinion is— b 1300 If you believe that States have a role that this amendment would completely On September 7, Governor Daniels of to play, however limited, in deter- undermine our efforts to put in place a Indiana joined Wisconsin Governor

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7373 Walker and Ohio Governor Kasich in a Memorandum of Understanding with the invent something. But sadly for New submitting a letter to New York Gov- US Coast Guard to, when inspecting vessels, York, their vendor—the one that they ernor Cuomo opposing New York’s ex- ensure they are complying with the VGP. were counting on for this technology— treme new ballast requirements. We know the U.S. Environmental Protec- said they are not even willing to have I urge all my colleagues to save mari- tion Agency tasked its Science Advisory Board (SAB) to address the question of it be tested by a third party for verifi- time jobs not only in Indiana but whether ballast water treatment technology cation that it works. So this amend- across the Great Lakes and vote exists now, or in the foreseeable future, to ment and those proposals would basi- against these two amendments. meet a standard greater than IMO. In the cally shut down waterborne commerce SEPTEMBER 7, 2011. SAB’s recently issued final report, it em- in the United States of America. Hon. ANDREW CUOMO, phatically stated that no such technology Mr. BISHOP of New York. Will the Governor of New York State, NYS State Office exists. gentleman yield? Building, Albany, NY. The State of New York is now the only ju- DEAR GOVERNOR CUOMO: We are writing to risdiction in the Great Lakes that still regu- Mr. LATOURETTE. I will yield to share our concerns regarding regulations lates ballast water treatment technology you in just a second. adopted by the New York Department of En- more stringently than the IMO standard, and But here’s the skinny: New York’s vironmental Conservation (NYDEC) that New York’s standards are technologically regulations are more obnoxious be- could seriously impede maritime commerce impossible to meet. Unless the NYDEC regu- cause they cover just passage. You in the Great Lakes States to the west of New lations are amended, they will possibly force don’t have to take a drop of ballast York. the closure of the St. Lawrence Seaway, and water in if you’re in New York waters, In late 2008, NYDEC issued rules intended imperil thousands of maritime-related jobs to prevent the introduction of aquatic nui- in the Great Lakes States and Canada. For- and you don’t have to discharge a drop. sance species into New York waters via the tunately, the final USCG ballast water regu- Just the mere fact of sailing through ballast water of commercial vessels. While lations will be published in the next few New York waters—which you have to we share NYDEC’s concern regarding the im- months. We have always supported a strong, do in the Great Lakes—would cause pact of invasive species on the ecology of the consistent—standard that covers all U.S. wa- these regulations to come into effect. Great Lakes, we note that the International ters. Maritime Organization (IMO) has coordi- Now, I had to go to the extraordinary NYDEC regulations are already having an length of offering an amendment in the nated a global treaty to require all ships to effect on maritime commerce in the Great install environmental technology by 2016 to Lakes as shippers, ports, industry and labor Interior appropriations bill that said if clean ballast water to a specific water qual- unions look to establish long-term business New York continues on this crazy ity standard. The IMO is the maritime arm agreements and plan future investments. course, that they get no money out of of the United Nations and it coordinates Preventing the spread of invasive species the Interior appropriations bill. Now, international shipping policy. Many Great continues to be a top priority for all of us, that wasn’t designed to cheat our Lakes states have incorporated the IMO bal- but waterborne shipping is critical to our friends in New York out of funds. That last water treatment standard into their own economies, and we must work together to- rules. Likewise, the U.S. Coast Guard was designed to get their attention. We ward controlling invasive species while also have their attention. We have to work (USCG) has embraced these same require- protecting the commerce of our nation’s wa- ments for new federal regulations to be terways. We urge New York to take prompt together to solve this in a bipartisan issued later this year. action and amend its ballast water regula- way. This amendment and the next Under New York’s regulations, shipowners tions to align with the IMO and USCG stand- amendment are not going to do that. must install technology on existing vessels ards. I am happy to yield to my friend. by August 1, 2013, to treat ballast water to a Sincerely, Mr. BISHOP of New York. I appre- level 100 times more stringent than the IMO Gov. SCOTT WALKER, standard. Any vessels built after January 1, ciate my friend from Ohio for yielding. Wisconsin. I want to be clear. What the gen- 2013, must include technology to treat bal- Gov. MITCH DANIELS, last water to a level 1,000 times more strin- Indiana. tleman from Ohio is describing is the gent than the IMO standard. These rules not Gov. JOHN KASICH, current state of affairs. The underlying only apply to ships visiting New York ports, Ohio. bill would change the current state of but also extend to ships in passage through affairs. And the amendment that I’m New York waters destined for the ports of Mr. LOBIONDO. Mr. Chairman, I yield such time as he may consume to seeking to the underlying bill would neighboring states and provinces. The rules render the New York State standards apply to ships whether or not they discharge the gentleman from Ohio (Mr. ballast water. LATOURETTE). moot because it would accept the tech- Today, there is no technology approved by Mr. LATOURETTE. I thank the nological standards imposed in the un- the USCG to meet New York’s regulatory re- chairman for yielding. derlying bill. So the New York stand- quirements. In fact, the USCG has yet to es- I rise with great affection for my ards, as ambitious as they are, would tablish a ballast water treatment technology go away. approval process. Shipowners will not install friends from New York, both Mr. BISHOP and Ms. SLAUGHTER; but I have What this would simply say is that ballast water treatment systems unless New York and other States that are in- USCG approved, because they are unable to to set the table on what this is about. obtain insurance otherwise. The Coast Guard has been promul- terested—such as California, such as We also note that in February 2010, the gating a Federal standard in line with Michigan—could establish certain Wisconsin Department of Natural Resources the international maritime standard operational requirements subject to (WDNR) established ballast water treatment for the discharge of ballast water. And the approval of the EPA that would regulations similar to the NYDEC; i.e., 100 despite what people say—they say a allow for the protection of certain wa- times the IMO standard. Wisconsin’s ballast ters in the State. water discharge general permit required the new invasive species comes into the WDNR to conduct a feasibility determina- lakes every 28 days. That’s true; but The CHAIR. The time of the gen- tion of this standard, which it completed in they don’t come in in the ballast water tleman has expired. December 2010. After considerable analysis, of ships because industry, govern- Mr. LATOURETTE. I really had and in consultation with the Ballast Water ments—both American and Canadian— something pithy to say, but we will Collaborative, a group of leading environ- and the States have worked hard to continue this later. mental scientists, vendors, naval architects make sure that that does not occur. I thank the Chair. and other experts in the U.S. and Canada, in- But in the face of that, an organiza- The CHAIR. The question is on the cluding New York DEC staff, the WDNR con- amendment offered by the gentleman cluded that treatment technologies do not tion called the New York Department exist today to meet the 100 times IMO stand- of Environmental Conservation pro- from New York (Mr. BISHOP). ard. The WDNR ballast water general permit posed regulations, as Mr. BUCSHON said, The question was taken; and the was subsequently modified to require the that when fully implemented would be Chair announced that the noes ap- IMO standards. a thousand times more stringent than peared to have it. Ohio and Indiana employ the Vessel Gen- the IMO standards. And what that ef- Mr. BISHOP of New York. Mr. Chair- eral Permit (VGP) under the National Pol- fectively means is—and when you talk man, I demand a recorded vote. lutant Discharge Elimination System (NPDES)—which has gone through each to these folks they say, Well, that’s the The CHAIR. Pursuant to clause 6 of state’s 401 review process and includes condi- great mother of invention. If we put rule XVIII, further proceedings on the tions that do not exceed IMO standards to these standards out there, the great amendment offered by the gentleman regulate ballast waters. Further, USEPA has mother of invention, they’re going to from New York will be postponed.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7374 CONGRESSIONAL RECORD — HOUSE November 4, 2011 AMENDMENT NO. 8 OFFERED BY MS. SLAUGHTER nately, the ballast water provisions in onboard with what Ms. SLAUGHTER and The CHAIR. It is now in order to con- this measure protect the foreign ship- Mr. DINGELL are attempting to do. A sider amendment No. 8 printed in ping magnates rather than the Great July 2011 evaluation by the United House Report 112–267. Lakes and the people who live there. States Environmental Protection Ms. SLAUGHTER. Mr. Chair, as the The Dingell-Slaughter amendment Agency—so fresh off the charts—deter- designee of the gentleman from Michi- strikes title VII from this measure, mined that the technology does not gan (Mr. DINGELL), I offer an amend- which will remove the damaging bal- exist, does not exist. Even if a ship ment. last water language. This amendment owner had a gazillion dollars and want- The CHAIR. The Clerk will designate will allow us to pass the important ed to buy something off the shelf, it the amendment. Coast Guard reauthorization while giv- doesn’t exist to meet the water quality The text of the amendment is as fol- ing Congress an opportunity to come to level stipulated by New York. lows: a responsible and reasonable agree- b 1310 Strike title VII of the committee print. ment with respect to ballast water The CHAIR. Pursuant to House Reso- standards. For this reason, the maritime indus- lution 455, the gentlewoman from New I urge my colleagues to support the try, together with labor, believes that York (Ms. SLAUGHTER) and a Member Dingell-Slaughter amendment, and I these regulations are unworkable and opposed each will control 5 minutes. reserve the balance of my time. if left unchanged will cause economic The Chair recognizes the gentle- Mr. LOBIONDO. Mr. Chairman, I harm when they come into effect, re- woman from New York. claim the time in opposition. sulting in complete cessation of com- Ms. SLAUGHTER. Mr. Chair, I yield The Acting CHAIR (Mr. BISHOP of mercial maritime commerce in New myself such time as I may consume. Utah). The gentleman from New Jersey York waters. I rise today to offer an amendment is recognized for 5 minutes. Now, at a time when everybody with my distinguished colleague from Mr. LOBIONDO. I yield such time as around the country is screaming about Michigan (Mr. DINGELL), which would he may consume to the gentleman jobs, what are we going to do? All the remove a controversial measure that from Ohio (Mr. LATOURETTE). longshoremen, you don’t have to work has been inserted into the underlying Mr. LATOURETTE. Again, I rise with anymore. The guys that drive the Coast Guard reauthorization. The great affection for both Mr. DINGELL boats, you don’t need to work any- measure forces States to adopt a weak and Ms. SLAUGHTER, who are wonderful more. The folks that unload the boats, international ballast water standard as colleagues and friends in this House. no, you don’t need to work anymore. a ceiling for regulatory efforts. In But this amendment is the Bishop Why? Because one State out of the doing so, it preempts the right of amendment on steroids. So this amend- eight States that border the Great States to respond to emerging invasive ment, unlike the Bishop amendment, Lakes has decided to come up with species and provides no incentive for would go back and remove the require- something not passed by their legisla- future innovation in critical ballast ment that’s in the bill, and New York ture, passed by this New York environ- water technology. would be free to go about its business mental council. It’s crazy. Each minute 40,000 gallons of ballast and shut down waterborne commerce We, again, in a good bipartisan way water containing thousands and mil- in the Great Lakes. need to work together to fix this prob- lions of foreign bacteria, viruses, ani- Now, the sad thing for the State of lem. Let’s find the right way to keep mals, and plants are discharged into New York—and I know the people in the zebra mussel and the round goby U.S. waters. That’s 21 billion gallons of New York think that they are pretty and the sea lamprey and the Asian carp ballast water annually. Once intro- important and they run the whole out of the Great Lakes. But to allow duced, invasive species, such as the place, but they don’t. And, sadly, we New York to go down this path with Asian carp, are exceedingly difficult to have five Great Lakes that flow the passage of this amendment is de- control and are often impossible to through and touch a number of States, structive to jobs in the Great Lakes, eradicate. Ohio being included in that. And just a and I hope that the amendment is de- Having no natural predators, aquatic couple of observations. feated. invasive species easily feed on native You know, this isn’t a bunch of peo- Ms. SLAUGHTER. Mr. Chair, I am fish and other aquatic wildlife, foul ple that don’t like the Great Lakes pleased to yield 2 minutes to the gen- beaches, degrade fisheries, clog water versus a bunch of environmentalists tleman from Michigan, who cares as intake pipes and other infrastructure, that want to protect it. The very first much as anybody from New York, the disrupt the food chain, and contami- piece of legislation I had signed into dean of the House and the cosponsor of nate our drinking water. We spend law by President Clinton—and it’s the amendment, Mr. DINGELL. more than $1 billion a year simply try- tough to get a bill signed into law by a (Mr. DINGELL asked and was given ing to get rid of zebra mussels which to President of the other party—was the permission to revise and extend his re- date we have spent $5 million trying to reauthorization of the National marks.) eradicate and have not even come Invasive Species Act, coauthored by Mr. DINGELL. Mr. Chairman, this is close. John Glenn in the United States Sen- a very important question. The Great Ballast water is a serious matter, ate. Lakes are 20 percent of the world’s with far-reaching implications for this I know invasive species. But I am freshwater supply. It is endangered, Nation. We lose billions of taxpayer going to tell you, because of the work and the fish and the wildlife and the dollars every year trying to combat of John Glenn and because of the work whole ecosystem are endangered by the and contain the invasive species of a lot of good people, since 1995, I constant entry of imported species that brought into our waters by foreign challenge anybody offering this amend- come in in the ballast water of ships shipping vessels. Many of our Nation’s ment to come up with one invasive spe- entering the Great Lakes. What we’re communities and all around the Great cies that has gotten into the Great talking about here is protecting some- Lakes rely on these bodies of water for Lakes—and this notion that it’s 28 thing of enormous value that has been recreation, drinking, as well as their days—yes, they come in on boats; they here since geological times and which livelihoods. come in in people’s boots; they come in has provided enormous opportunity for The Great Lakes, which face signifi- swimming from other places. The big- our people—food and all manner of cant challenges from invasive species, gest threat that we’ve got is the Asian things, including recreation, transpor- contain 20 percent of the freshwater on carp. It’s not coming in ballast water. tation, fish and wildlife. the planet. And I think those of us on It’s swimming up the Mississippi, and This process of trying to give a few both sides of the aisle who live adja- we have got to fight with the President bones to a bunch of importers who are cent to those lakes have always felt an about whether or not we have an elec- bringing these things in from the Black obligation to try to protect that. And tronic barrier that keeps these awful Sea and other places in Europe is a we must also remember that those are fish out of the Great Lakes. shameful thing if permitted. The international waters, and our Canadian Now, the longshoremen don’t like United States and the Congress have friends also have a say here. Unfortu- what New York is doing. Labor is not not done the job that we should have

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7375 done to protect our Great Lakes. And themselves to hard surfaces including water We have to allow States, as we al- already we have a large number of intake pipes. Gradually these invasive species ways have, to have a voice in pro- things, including some nasty diseases build and build until they clog the pipes, risk- tecting their ecosystems and econo- such as viral hemorrhagic septicemia, ing shutdown of these facilities. mies. As long as we conform to the sort of the Ebola virus of fish. This is Other invasive species include the Spiny Federal law, we have always been able something we have to protect our Water Flea and the Fishhook Water Flea in States to enhance them. But if we Great Lakes against, and other waters which fish can’t digest. The viral hemorrhagic want to really truly solve this threat of the United States. septicemia (VHS) disease is like the ebola of invasive species in our waters, and I If foreign shippers are going to be virus for fish. While it’s mortality rate in the personally believe it is quite serious bringing in dirty ballast water, dis- Great Lakes is still relatively low, it has because both in my time in the State charging it into our Great Lakes, if the caused thousands of fish deaths, further pol- legislature and the Federal legislature, States want to spend the time pro- luting the waters and shorelines. that was certainly pointed out to me. tecting the States’ water and the inter- Invasive species are costing Federal, State, I urge my colleagues to support the est in the Great Lakes, or other bodies and local governments as well as businesses Dingell-Slaughter amendment, and I of water which are threatened by these billions of dollars every year. I ask that you yield back the balance of my time. practices, they want to do it, the Con- vote for this amendment to give states the Mr. LOBIONDO. Mr. Chairman, I gress should very well permit them to tools they need to fight invasive species. strongly, strongly, strongly oppose this do it because failure to do it is going to Mr. LOBIONDO. Mr. Chairman, how amendment. This current regulatory jeopardize 20 percent of the world’s much time remains? nightmare will shut down our shipping The Acting CHAIR. The gentleman freshwater. And more importantly, a lanes. It is unworkable, and I hope our from New Jersey has 2 minutes remain- resource which is recreational which colleagues understand the con- ing. The gentlewoman from New York relates to fish and wildlife values and sequences if this amendment were to has 30 seconds remaining. which provides us with opportunity for pass. I urge opposition to the amend- Mr. LOBIONDO. I yield such time as ment. transportation, drinking water, and a he may consume to the gentleman whole array of other precious and im- I yield back the balance of my time. from Ohio (Mr. LATOURETTE). Mr. LEVIN. Mr. Chair, I strongly support the portant things. If we don’t adopt this Mr. LATOURETTE. Again, I have Dingell/Slaughter amendment and urge its amendment, we’ll find we’re taking nothing but affection for Mr. DINGELL adoption by the House. care of a bunch of foreign ship owners and Ms. SLAUGHTER. instead of our people and the future of Mr. DINGELL. If the gentleman will This is not primarily a shipping issue, or a the United States. yield, let me express my great respect sportsman’s issue, or an issue for the environ- Support the amendment. and affection for the gentleman. mental community. For me, it’s a Great Lakes My home state of Michigan is blessed with Mr. LATOURETTE. I thank the gen- issue. I believe that all sides of this debate a vast and marvelous natural resource—our tleman. It’s mutual. And LOUISE likes support reasonable and achievable ballast Great Lakes. As a steadfast conservationist, I me too. water standards that are protective of our na- firmly believe that we owe it to future genera- But listen, here’s the deal: There’s tion’s aquatic ecosystems against the spread tions to restore and protect this national treas- not going to be anybody recreating on of invasive species. But we can do better than ure. In addition to that, however, we also must Great Lakes, fishing, and all the won- the standards that have been grafted onto this consider the economic value of our Lakes. derful things we get to do on Lake Coast Guard bill. Ballast water, which is used to stabilize Erie, Lake Michigan, Lake Superior, I represent Lake St. Clair, which is a small freighters, is taken on board before a voyage and Lake Huron, because nobody’s but important lake in the Great Lakes system. begins. It can often contain organisms which going to be working. And so without The lake is heavily used for fishing, boating, become invasive species when released in jobs, people are not going to have the and swimming, and it is a source of drinking non-native navigable waters. For the reasons opportunity to enjoy the splendor of 28 water for millions. Lake St. Clair is also ground outlined above, ballast water represents a sig- percent of the world’s freshwater. zero for the invasion of zebra mussels in the nificant threat to our Great Lakes. Again, sadly, people in New York United States. In the mid-1980s, a ship that The language in this bill would restrict states have decided they want to come up had come from a port in Europe dumped its like Michigan from enacting commonsense with a standard that nobody can meet. ballast water into Lake St. Clair. From that laws to protect our shores, local economies, Now, in 2013 when fully implemented, moment, we have fought a losing battle and recreation opportunities. The Dingell- what does that mean? That means a against the zebra mussels. They have spread Slaughter amendment would strike that lan- boat comes down the St. Lawrence Sea- throughout the Great Lakes and gone on to in- guage and allow Great Lakes and other coast- way and travels into New York, and if vade the Mississippi and Missouri Rivers and al states to make the necessary decisions that you can’t meet their standard, 1,000 beyond. The zebra mussels have literally are in their individual state’s best interest in times more stringent than the inter- changed the very ecology of the Great Lakes. order to keep these invasive species from de- national standard, guess what? You Millions of dollars are spent each year trying stroying our waters, fisheries, shorelines, and can’t sail. The people can’t sail on the to control them. economies. ship. The people can’t put goods on the Unfortunately, the zebra mussels are not an Among the invasive species affecting the ship. isolated incident. Hundreds of non-indigenous Great Lakes are the zebra and quagga mus- Now again, despite my affection for aquatic invaders have made their way into the sels. On the beaches of Lake Erie and Lake the authors of this amendment, I’ve Great Lakes in the ballast water of ships. At Michigan, we have seen fish and bird kills talked to the longshoremen. I’ve talked long last, it’s time for the United States to numbering in the thousands because zebra to the Canadians. I’ve talked to the adopt strong ballast water discharge stand- and quagga mussels have caused massive people on the St. Lawrence Seaway, ards. It is the failure of the federal government botulism outbreaks. Zebra and quagga mus- and they say that the problem with and this Congress to do so that has prompted sels concentrate nutrients along the bottom of invasive species today in the Great the states to take action. the nearshore area and make the water very Lakes isn’t ballast water, it’s the The proposed ballast water standards in the clear. The extra food and sunlight promotes Asian carp swimming up the Mis- bill before the House are inadequate and risk the growth of algae that coats the lake bottom sissippi River, and it’s things brought further damage to the Great Lakes and other in thick mats. As it dies, it becomes infected in from other sources. It’s not ballast aquatic ecosystems in the United States. I by botulism. The zebra and quagga mussels water. It’s not ballast water because cannot support them. I urge the House to eat the dead algae and the botulism, which Republicans and Democrats, since the adopt the Dingell/Slaughter amendment. has no effect on them, and in doing so create beginning of my time here, 18 years, Ms. MOORE. Mr. Chair, I understand that higher and more deadly concentrations of bot- have worked together to get this right. some are arguing that maintaining the ‘‘status ulism. When fish eat the zebra mussels, they This is wrong, and I urge it to be de- quo’’ in states can set disparate ballast stand- die of botulism poisoning and wash up on the feated. ards is better than moving any legislation es- beach. There, birds eat them, and they too die I thank the gentleman for yielding to tablishing a stronger national ballast water of botulism poisoning. me. standard, which is widely agreed upon as a Power and water treatment plants are also Ms. SLAUGHTER. Mr. Chair, I yield necessary tool in our fight against waterborne at risk. Zebra and quagga mussels attach myself the balance of my time. invasive species.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 0636 Sfmt 9920 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7376 CONGRESSIONAL RECORD — HOUSE November 4, 2011 While I share their concerns about the need eral Permit, as in effect on November 1, 2011, Mr. PETRI. I thank my colleague for to address this issue, I cannot support that without regard to any expiration dates in offering the amendment, and I rise in stance. We need a national ballast water such permit. support of it. (b) DEFINITIONS.—In this section: standard and if the House does not take a po- Mr. Chair, this amendment recognizes the (1) QUALIFIED VESSEL.—A vessel is a quali- sition in this bill, I am afraid that this issue will fied vessel for purposes of subsection (a) if unique and special character of historic ships once again fall off the Congressional agenda. the vessel is, as of November 1, 2011— and would keep in place the current EPA ves- I feared a yes vote on the Slaughter-Dingell (A) on, or nominated for inclusion on, the sel discharge program for historic ferries. amendment—which would strip out the ballast list of National Historic Landmarks; and I am particularly interested in this because water section altogether—would take away the (B) subject to part 5.3 of the Vessel General the SS Badger, which operates on Lake Michi- last realistic chance for the House to consider Permit. gan between Ludington, Michigan, and this issue. This concern is relevant given that (2) VESSEL GENERAL PERMIT.—The term Manitowoc, Wisconsin, in my Congressional ‘‘Vessel General Permit’’ has the definition district, is believed to be the last coal fired the ‘‘Super Committee’’ is set to dominate the given such term in section 321(a) of the Fed- legislative agenda in both Chambers, and after eral Water Pollution Control Act, as added vessel in regular commercial service. that, the upcoming elections. by section 702. This 50-year-old ship is an important part of The House last passed legislation setting a The Acting CHAIR. Pursuant to our history, culture and tradition. It is currently national ballast water standard in 2007. We House Resolution 455, the gentleman on the National Register of Historic Places and has been nominated as a National History can’t wait another four years to even begin from Michigan (Mr. HUIZENGA) and a this discussion. I also recall, at that time, just Member opposed each will control 5 Landmark as an important part of our heritage. The economic impact on Manitowoc, a small like now, ballast water legislation was attached minutes. to Coast Guard reauthorization legislation. The Chair recognizes the gentleman city of only 34,000 people, is $14 million a I hear concerns about the need to protect from Michigan. year, and the Badger is responsible for pro- and improve states’ rights to protect their wa- Mr. HUIZENGA of Michigan. Mr. viding about 250 jobs on both sides of the ters and the citizens and industries that de- Chairman, I yield myself such time as lake. It attracts about 100,000 visitors to our pend on them. For this reason, I supported an I may consume. cities each year. amendment by Congressman TIM BISHOP that (Mr. HUIZENGA of Michigan asked Under this amendment, historic ferries would strengthen the provision of the ballast and was given permission to revise and would continue to operate under the param- water section of the bill to allow states’ to extend his remarks.) eters of the current general vessel permit. The enact stronger protections, with federal ap- Mr. HUIZENGA of Michigan. I rise Badger management has spent significant re- proval, to ensure they meet key standards. today in support of my amendment, sources over the last few years trying to find No legislation is perfect. However, we have along with the co-leads, Chairman TOM a way to convert the vessel to a more modern a legislative process by which we can work to PETRI from Wisconsin and Congress- propulsion system. But it is a difficult, com- improve and address concerns. I know that a man DAN BENISHEK of Michigan. plicated, and costly task. number of my colleagues spoke during the de- Today we’re talking about a par- Even with the passage of this amendment, bate about continuing to work together to im- ticular ship, the SS Badger located in the owners of the Badger will continue working prove the ballast water provision. I look for- Ludington, Michigan. It travels be- with the Maritime Administration and the Great ward to working with my colleagues and the tween Ludington and Manitowoc, Wis- Lakes Maritime Research Institute on a pro- Senate further on this issue. consin. This particular ship has been gram to repower steamships—with the Badger I cast my vote on this amendment reluc- operating on the Great Lakes for over serving as the model vessel for the study. tantly. I am concerned that simply sending the 50 years, most recently coming back Congress and the EPA have recognized the ballast water issue back to Committee, rather into service in 1991, using all private special nature of historic steamships before. than to the Senate, would have likely been a dollars to make that happen. Just a couple years ago, we exempted more death knell for further action in the 112th Con- Its uniqueness is recognized by the than 50 older and unique Great Lakes steam- gress. We have waited long enough. The designation of the National Register of ships from new air emission rules. (I might Great Lakes can’t wait. Wisconsin can’t wait Historic Places and by both the States add that effort was spearheaded by then- any further. of Wisconsin and Michigan. Its propul- Chairmen Dave Obey and Jim Oberstar.) This The Acting CHAIR. The question is sion system is recognized as a mechan- amendment follows that model, and I urge my on the amendment offered by the gen- ical engineering landmark by the colleagues to support it today. tlewoman from New York (Ms. SLAUGH- American Society of Mechanical Engi- The discharge from the Badger has been TER). neers. repeatedly tested and it is non-toxic and NOT The question was taken; and the Act- The Badger is currently operating hazardous. It uses high quality, low-sulfur ing Chair announced that the noes ap- under special rules developed by the coal. The Badger operators have taken many peared to have it. EPA in 2008. These rules are set to ex- steps over the years to reduce discharges and Ms. SLAUGHTER. Mr. Chair, I de- pire at the end of 2012. Without cer- coal use. Some act as if the Badger has been mand a recorded vote. tainty provided by this amendment, out of compliance for decades—but prior to The Acting CHAIR. Pursuant to the Badger could very easily, frankly, 2008, ‘‘discharges incidental to the normal op- clause 6 of rule XVIII, further pro- be forced off the Great Lakes at the eration of a vessel’’ were excluded from get- ceedings on the amendment offered by end of 2012. ting discharge permits. It was a 2006 court de- the gentlewoman from New York will cision that required the new permits. b 1320 be postponed. The Badger serves as an extension of Hwy. With an annual economic impact of 10 across Lake Michigan and carries semi- AMENDMENT NO. 9 OFFERED BY MR. HUIZENGA OF MICHIGAN roughly $35 million between two small trucks and large oversized vehicles and other The Acting CHAIR. It is now in order port cities both in Wisconsin and vehicles that otherwise would be driving to consider amendment No. 9 printed in Michigan, keeping the Badger oper- around the Lake and through the congested House Report 112–267. ational is absolutely vital to our com- Chicago area. By one estimate, that saves Mr. HUIZENGA of Michigan. I have munities. I urge all of my colleagues one million gallons of fuel each year and re- an amendment at the desk. today to join us in recognizing the his- duces air emissions. The Acting CHAIR. The Clerk will toric significance of these Great Lake The environment will not be saved by shut- designate the amendment. steamships by supporting the ting down the Badger, but you will kill jobs, our The text of the amendment is as fol- Huizenga-Petri-Benishek amendment. local economy and a bit of our history. Mr. HUIZENGA of Michigan. At this lows: I reserve the balance of my time. The Acting CHAIR. Who seeks time time, Mr. Chair, I yield to my fellow At the end of title VII, add the following: in opposition? Congressman from Michigan, Rep- SEC. 707. SPECIAL CONSIDERATION FOR VESSELS The Chair recognizes the gentleman resentative DAN BENISHEK. OF HISTORICAL SIGNIFICANCE. from Michigan. Mr. BENISHEK. I thank the gen- (a) IN GENERAL.—Notwithstanding any other provision of this title or the amend- Mr. HUIZENGA of Michigan. Thank tleman for yielding. ments made by this title, a qualified vessel you, Mr. Chair. I appreciate my fellow freshman and shall operate for the life of the vessel under At this time I yield to my colleague, colleague from Michigan for his leader- the terms and conditions of the Vessel Gen- Chairman TOM PETRI from Wisconsin. ship on this issue.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00042 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7377 Mr. Chairman, this is a simple more seriously than the companies op- [Roll No. 832] amendment that addresses a growing erating offshore. Since Deepwater Ho- AYES—174 problem with our friends at the EPA— rizon, multiple safeguards have been Ackerman Frank (MA) Moran their love of bureaucratic red tape. I put in place to ensure worker safety. I Altmire Fudge Nadler represent a district with more Great simply believe that the Coast Guard Andrews Garamendi Napolitano Baca Gonzalez Neal Lakes coastline than any other. Ship- should have an opportunity to assess a Baldwin Green, Al Olver ping and ferries are a part of the Great provision of this nature before we es- Barrow Green, Gene Pallone Lakes heritage. The USS Badger con- tablish an arbitrary mandate that Barton (TX) Grijalva Pascrell Bass (CA) Gutierrez Pastor (AZ) tinues this tradition, transporting they’ll have to comply with. Becerra Hahn Pelosi travelers, cars, trucks, and equipment This amendment does not—does Berkley Hanabusa Perlmutter across Lake Michigan. not—prevent us from implementing Berman Hastings (FL) Peters Don’t be confused. This amendment measures to ensure worker safety. It Bishop (NY) Himes Pingree (ME) Blumenauer Hinchey Polis does not make the Badger exempt from simply requires a 6-month study first Boren Hinojosa Price (NC) EPA regulations. The EPA will con- to allow the Coast Guard to analyze Boswell Hirono Quigley tinue to regulate discharge limits and the safety benefits so that we can pro- Brady (PA) Hochul Rahall other requirements. It simply keeps in vide the safest environment for our off- Braley (IA) Holden Rangel Brown (FL) Holt Reyes place the current regulations that rec- shore drilling workers. Butterfield Honda Richardson ognize the Badger as a unique and his- The Coast Guard may determine that Capuano Hoyer Richmond toric vessel. Keeping the Badger oper- standby vessels should be required. If Carnahan Inslee Ross (AR) Carney Israel Rothman (NJ) ational means saving 1 million gallons so, I will work to ensure that happens. Carson (IN) Jackson (IL) Roybal-Allard in fuel a year from vehicles driving I’m just asking that we review this Castor (FL) Jackson Lee Ryan (OH) around the lake. Passing this amend- issue thoroughly and prudently before Chandler (TX) Sa´ nchez, Linda ment is simple and common sense. It we rush to legislate. Chu Johnson (GA) T. Cicilline Johnson, E. B. Sarbanes allows a national historic place to con- However, at this time, I understand Clarke (MI) Kaptur Schakowsky tinue to function on the Great Lakes. the need to withdraw my amendment Clarke (NY) Keating Schiff I urge passage. and appreciate Chairman MICA’s will- Clay Kildee Schrader ingness to work with me to address my Cleaver Kind Schwartz Mr. HUIZENGA of Michigan. Mr. Clyburn Kissell Scott (VA) Chairman, I yield back the balance of concerns as we work through the legis- Cohen Kucinich Scott, David my time. lative process. I also appreciate the Connolly (VA) Langevin Serrano The Acting CHAIR. The question is gentleman from Louisiana, whose pro- Conyers Larsen (WA) Sewell Cooper Larson (CT) Sherman on the amendment offered by the gen- vision in the bill I sought to improve Costa Lee (CA) Shuler tleman from Michigan (Mr. HUIZENGA). with my amendment. I am grateful for Costello Levin Sires The amendment was agreed to. his commitment to work with me on Courtney Lewis (GA) Slaughter our differences. Critz Lipinski Speier AMENDMENT NO. 10 OFFERED BY MR. OLSON Crowley Loebsack Stark The Acting CHAIR. It is now in order With that, I ask unanimous consent Cuellar Lofgren, Zoe Thompson (CA) to consider amendment No. 10 printed to withdraw my amendment. Cummings Lowey Thompson (MS) in House Report 112–267. The Acting CHAIR. Without objec- Davis (CA) Luja´ n Tierney tion, the amendment is withdrawn. DeFazio Lynch Tonko Mr. OLSON. Mr. Chairman, I have an DeGette Maloney Towns amendment at the desk. There was no objection. DeLauro Markey Tsongas The Acting CHAIR. The Clerk will ANNOUNCEMENT BY THE ACTING CHAIR Deutch Matsui Van Hollen The Acting CHAIR. Pursuant to Dicks McCarthy (NY) Visclosky designate the amendment. Dingell McCollum Walz (MN) The text of the amendment is as fol- clause 6 of rule XVIII, proceedings will Doggett McDermott Wasserman lows: now resume on those amendments Donnelly (IN) McGovern Schultz Strike section 608 of the committee print printed in House Report 112–267, on Doyle McIntyre Waters Edwards McNerney Watt and insert the following: which further proceedings were post- Ellison Meeks Waxman SEC. 608. STANDBY VESSELS. poned, in the following order: Engel Michaud Welch (a) STUDY.—The Commandant of the Coast Amendment No. 3 by Mr. CUMMINGS Eshoo Miller (NC) Wilson (FL) Guard, in consultation with appropriate rep- of Maryland. Farr Miller, George Woolsey Fattah Moore Yarmuth resentatives of industry, shall conduct a fea- Amendment No. 4 by Mr. THOMPSON sibility study to determine the capability, of Mississippi. NOES—227 costs, and benefits of requiring the owner or Amendment No. 6 by Mrs. Adams Cassidy Garrett operator of a manned facility, installation, NAPOLITANO of California. Aderholt Chabot Gerlach unit, or vessel to locate a standby vessel— Amendment No. 7 by Mr. BISHOP of Akin Chaffetz Gibbs (1) not more than 3 nautical miles from Alexander Coffman (CO) Gibson such manned facility, installation, unit, or New York. Amash Cole Gingrey (GA) vessel while it is performing drilling, plug- Amendment No. 8 by Ms. SLAUGHTER Amodei Conaway Gohmert ging, abandoning, or workover operations; of New York. Bachus Cravaack Goodlatte The Chair will reduce to 2 minutes Barletta Crawford Gosar and Bartlett Crenshaw Gowdy (2) not more than 12 nautical miles from the time for any electronic vote after Bass (NH) Culberson Granger such manned facility, installation, unit, or the first vote in this series. Benishek Davis (KY) Graves (GA) vessel while it is performing operations AMENDMENT NO. 3 OFFERED BY MR. CUMMINGS Berg Denham Graves (MO) Biggert Dent Griffin (AR) other than drilling, plugging, abandoning, or The Acting CHAIR. The unfinished workover operations. Bilbray DesJarlais Griffith (VA) (b) REPORT TO CONGRESS.—Not later than business is the demand for a recorded Bilirakis Diaz-Balart Grimm 180 days after the date of enactment of this vote on the amendment offered by the Bishop (UT) Dold Guinta Black Dreier Guthrie Act, the Commandant shall submit to Con- gentleman from Maryland (Mr. Blackburn Duffy Hall gress a report on the results of the study CUMMINGS) on which further pro- Bonner Duncan (SC) Hanna conducted under subsection (a). ceedings were postponed and on which Bono Mack Duncan (TN) Harper The Acting CHAIR. Pursuant to the noes prevailed by voice vote. Boustany Ellmers Harris Brady (TX) Emerson Hartzler House Resolution 455, the gentleman The Clerk will redesignate the Brooks Farenthold Hastings (WA) from Texas (Mr. OLSON) and a Member amendment. Broun (GA) Fincher Hayworth opposed each will control 5 minutes. The Clerk redesignated the amend- Buchanan Fitzpatrick Heck ment. Bucshon Flake Hensarling The Chair recognizes the gentleman Buerkle Fleischmann Herger from Texas. RECORDED VOTE Burgess Fleming Herrera Beutler Mr. OLSON. Mr. Chairman, I yield The Acting CHAIR. A recorded vote Calvert Flores Huelskamp myself such time as I may consume. Camp Forbes Huizenga (MI) has been demanded. Campbell Fortenberry Hultgren I believe that issuing a mandate of A recorded vote was ordered. Canseco Foxx Hunter this nature without proper study to de- The vote was taken by electronic de- Cantor Franks (AZ) Hurt termine if it will increase safety would vice, and there were—ayes 174, noes 227, Capito Frelinghuysen Johnson (IL) be problematic. No one takes safety not voting 32, as follows: Carter Gardner Johnson (OH)

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00043 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7378 CONGRESSIONAL RECORD — HOUSE November 4, 2011 Johnson, Sam Miller, Gary Schilling The vote was taken by electronic de- Hall McCaul Rokita Jordan Mulvaney Schmidt vice, and there were—ayes 182, noes 218, Hanna McClintock Rooney Kelly Murphy (PA) Schweikert Harper McCotter Ros-Lehtinen King (IA) Myrick Scott (SC) not voting 33, as follows: Harris McHenry Roskam King (NY) Neugebauer Scott, Austin [Roll No. 833] Hartzler McKeon Royce Kingston Noem Sensenbrenner Hastings (WA) McKinley Runyan Kinzinger (IL) Nugent Sessions AYES—182 Hayworth McMorris Ryan (WI) Kline Nunes Hensarling Shimkus Ackerman Gibson Moran Rodgers Scalise Labrador Nunnelee Herger Meehan Schilling Shuster Alexander Gonzalez Mulvaney Lamborn Olson Herrera Beutler Mica Schmidt Simpson Altmire Goodlatte Napolitano Lance Palazzo Himes Miller (FL) Schock Smith (NE) Amodei Gowdy Neal Landry Paulsen Huelskamp Andrews Green, Al Olver Miller (MI) Schweikert Lankford Pearce Smith (NJ) Huizenga (MI) Baca Green, Gene Pallone Miller, Gary Scott (SC) Latham Petri Smith (TX) Hultgren Baldwin Grijalva Pascrell Murphy (PA) Scott, Austin LaTourette Pitts Southerland Hunter Barrow Gutierrez Pastor (AZ) Myrick Sessions Latta Platts Stearns Hurt Bartlett Hahn Paulsen Nadler Shimkus Lewis (CA) Poe (TX) Stivers Johnson (IL) Barton (TX) Hanabusa Pelosi Neugebauer Shuster LoBiondo Pompeo Stutzman Johnson (OH) Bass (CA) Hastings (FL) Peters Noem Simpson Long Posey Terry Johnson, Sam Becerra Heck Pingree (ME) Nugent Smith (NE) Lucas Price (GA) Jordan Thompson (PA) Berkley Hinchey Price (NC) Nunes Smith (NJ) Luetkemeyer Quayle Kelly Thornberry Berman Hinojosa Quigley Nunnelee Smith (TX) Lummis Reed Kind Tiberi Bishop (NY) Hirono Rahall Olson Stearns Lungren, Daniel Rehberg King (IA) Tipton Blumenauer Hochul Rangel Palazzo Stivers E. Reichert King (NY) Turner (NY) Bonner Holden Rehberg Pearce Stutzman Mack Renacci Kinzinger (IL) Turner (OH) Boren Holt Renacci Perlmutter Terry Manzullo Ribble Kline Upton Boswell Honda Reyes Petri Thompson (PA) Marchant Rigell Labrador Walberg Brady (PA) Hoyer Richardson Pitts Thornberry Marino Rivera Lamborn Platts Tiberi Walden Braley (IA) Inslee Richmond Matheson Roby Lance Poe (TX) Tipton Walsh (IL) Brown (FL) Israel Ross (AR) McCarthy (CA) Roe (TN) Landry Polis Turner (NY) Webster Butterfield Jackson (IL) Rothman (NJ) McCaul Rogers (AL) Lankford Pompeo Turner (OH) West Capuano Jackson Lee Roybal-Allard McClintock Rogers (KY) Larson (CT) Carnahan (TX) Ryan (OH) Posey Upton McCotter Rogers (MI) Westmoreland Latham Carson (IN) Johnson (GA) Sa´ nchez, Linda Price (GA) Walberg McHenry Rohrabacher Whitfield LaTourette Castor (FL) Johnson, E. B. T. Quayle Walden McKeon Rokita Wilson (SC) Latta Chandler Kaptur Sarbanes Reed Walsh (IL) McKinley Rooney Wittman Lewis (CA) Chu Keating Schakowsky Reichert West McMorris Ros-Lehtinen Wolf LoBiondo Cicilline Kildee Schiff Ribble Whitfield Rodgers Roskam Womack Long Clarke (MI) Kingston Schrader Rigell Wilson (SC) Meehan Royce Woodall Lucas Clarke (NY) Kissell Schwartz Rivera Wittman Mica Runyan Yoder Luetkemeyer Clay Kucinich Scott (VA) Roby Wolf Miller (FL) Ryan (WI) Young (AK) Mack Cleaver Langevin Scott, David Roe (TN) Womack Miller (MI) Scalise Young (IN) Manzullo Clyburn Larsen (WA) Sensenbrenner Rogers (AL) Woodall Marchant Cohen Lee (CA) Serrano Rogers (KY) Yoder NOT VOTING—32 Marino Connolly (VA) Levin Sewell Rogers (MI) Young (AK) McCarthy (CA) Austria Heinrich Ross (FL) Conyers Lewis (GA) Sherman Rohrabacher Young (IN) Bachmann Higgins Ruppersberger Costello Lipinski Shuler NOT VOTING—33 Bishop (GA) Issa Rush Critz Loebsack Sires Burton (IN) Jenkins Sanchez, Loretta Crowley Lofgren, Zoe Slaughter Austria Heinrich Ross (FL) Capps Jones Schock Cuellar Lowey Southerland Bachmann Higgins Ruppersberger Cardoza Murphy (CT) Smith (WA) Cummings Luja´ n Speier Bishop (GA) Issa Rush Coble Owens Sullivan Davis (CA) Lummis Stark Burton (IN) Jenkins Sanchez, Loretta Davis (IL) Paul Sutton DeFazio Lungren, Daniel Thompson (CA) Capps Jones Smith (WA) Filner Payne Vela´ zquez DeGette E. Thompson (MS) Cardoza Murphy (CT) Sullivan Gallegly Pence Young (FL) Deutch Lynch Tierney Coble Owens Sutton Giffords Peterson Dicks Maloney Tonko Davis (IL) Paul Van Hollen Filner Payne Vela´ zquez b 1350 Dingell Markey Towns Doggett Matheson Tsongas Gallegly Pence Westmoreland Messrs. FORTENBERRY and SCHIL- Donnelly (IN) Matsui Visclosky Giffords Peterson Young (FL) LING changed their vote from ‘‘aye’’ to Doyle McCarthy (NY) Walz (MN) ANNOUNCEMENT BY THE ACTING CHAIR ‘‘no.’’ Duncan (TN) McCollum Wasserman Edwards McDermott Schultz The Acting CHAIR (during the vote). Mr. DONNELLY of Indiana, Ms. ZOE Ellison McGovern Waters There is 1 minute remaining. LOFGREN of California, and Mr. GENE Engel McIntyre Watt GREEN of Texas changed their vote Eshoo McNerney Waxman b 1354 from ‘‘no’’ to ‘‘aye.’’ Farr Meeks Webster Fattah Michaud Welch Mr. ROTHMAN of New Jersey So the amendment was rejected. Fitzpatrick Miller (NC) Wilson (FL) changed his vote from ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced Fudge Miller, George Woolsey So the amendment was rejected. as above recorded. Garamendi Moore Yarmuth The result of the vote was announced Stated for: NOES—218 as above recorded. Mr. FILNER. Mr. Chair, on rollcall 832, I was Stated for: away from the Capitol due to prior commit- Adams Cantor Emerson Aderholt Capito Farenthold Mr. FILNER. Mr. Chair, on rollcall 833, I was ments to my constituents. Had I been present, Akin Carney Fincher away from the Capitol due to prior commit- I would have voted ‘‘aye.’’ Amash Carter Flake ments to my constituents. Had I been present, AMENDMENT NO. 4 OFFERED BY MR. THOMPSON Bachus Cassidy Fleischmann Barletta Chabot Fleming I would have voted ‘‘aye.’’ OF MISSISSIPPI Bass (NH) Chaffetz Flores The Acting CHAIR. The unfinished AMENDMENT NO. 6 OFFERED BY MRS. Benishek Coffman (CO) Forbes NAPOLITANO business is the demand for a recorded Berg Cole Fortenberry The Acting CHAIR. The unfinished vote on the amendment offered by the Biggert Conaway Foxx Bilbray Cooper Frank (MA) business is the demand for a recorded gentleman from Mississippi (Mr. Bilirakis Costa Franks (AZ) vote on the amendment offered by the THOMPSON) on which further pro- Bishop (UT) Courtney Frelinghuysen gentlewoman from California (Mrs. ceedings were postponed and on which Black Cravaack Gardner Blackburn Crawford Garrett NAPOLITANO) on which further pro- the noes prevailed by voice vote. Bono Mack Crenshaw Gerlach The Clerk will redesignate the ceedings were postponed and on which Boustany Culberson Gibbs the noes prevailed by voice vote. amendment. Brady (TX) Davis (KY) Gingrey (GA) The Clerk redesignated the amend- Brooks DeLauro Gohmert The Clerk will redesignate the ment. Broun (GA) Denham Gosar amendment. Buchanan Dent Granger The Clerk redesignated the amend- RECORDED VOTE Bucshon DesJarlais Graves (GA) The Acting CHAIR. A recorded vote Buerkle Diaz-Balart Graves (MO) ment. has been demanded. Burgess Dold Griffin (AR) RECORDED VOTE Calvert Dreier Griffith (VA) The Acting CHAIR. A recorded vote A recorded vote was ordered. Camp Duffy Grimm The Acting CHAIR. This is a 2- Campbell Duncan (SC) Guinta has been demanded. minute vote. Canseco Ellmers Guthrie A recorded vote was ordered.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7379 The Acting CHAIR. This is a 2- Posey Schakowsky Thornberry RECORDED VOTE Price (GA) Schiff Tierney minute vote. Price (NC) Schilling Tipton The Acting CHAIR. A recorded vote The vote was taken by electronic de- Quayle Schock Tonko has been demanded. vice, and there were—ayes 364, noes 37, Quigley Schrader Tsongas A recorded vote was ordered. not voting 32, as follows: Rahall Schwartz Turner (NY) The Acting CHAIR. This is a 2- Reed Schweikert Turner (OH) [Roll No. 834] Rehberg Scott (SC) Upton minute vote. AYES—364 Reichert Scott (VA) Van Hollen The vote was taken by electronic de- Renacci Scott, Austin Visclosky vice, and there were—ayes 174, noes 225, Adams Dold Kingston Reyes Scott, David Walden Aderholt Donnelly (IN) Kinzinger (IL) Richardson Sensenbrenner Walz (MN) not voting 34, as follows: Akin Doyle Kissell Richmond Serrano Wasserman [Roll No. 835] Alexander Dreier Kline Rigell Sessions Schultz AYES—174 Altmire Duffy Kucinich Rivera Sewell Waters Amodei Duncan (SC) Labrador Roby Sherman Watt Ackerman Gibson Nadler Andrews Duncan (TN) Lamborn Roe (TN) Shimkus Waxman Amash Gonzalez Napolitano Baca Ellison Lance Rogers (KY) Shuler Webster Andrews Green, Al Neal Bachus Ellmers Landry Rogers (MI) Shuster Welch Baca Grijalva Olver Baldwin Emerson Langevin Rohrabacher Simpson West Baldwin Gutierrez Pallone Barletta Engel Lankford Rokita Sires Westmoreland Bass (CA) Hahn Pascrell Barrow Eshoo Larson (CT) Rooney Slaughter Whitfield Becerra Hanabusa Pastor (AZ) Bartlett Farenthold Latham Ross (AR) Smith (NE) Wilson (FL) Benishek Hastings (FL) Paulsen Barton (TX) Farr LaTourette Rothman (NJ) Smith (NJ) Wilson (SC) Berkley Hayworth Pelosi Bass (CA) Fattah Latta Roybal-Allard Smith (TX) Wittman Berman Himes Perlmutter Bass (NH) Fincher Lee (CA) Royce Southerland Wolf Bishop (NY) Hinchey Peters Becerra Fitzpatrick Levin Runyan Speier Womack Bishop (UT) Hinojosa Pingree (ME) Benishek Flake Lewis (CA) Ryan (OH) Stark Woodall Blumenauer Hirono Polis Berg Fleischmann Lewis (GA) Ryan (WI) Stearns Woolsey Boswell Hochul Price (NC) Berkley Fleming Lipinski Sa´ nchez, Linda Stutzman Yarmuth Brady (PA) Holden Quigley Biggert Flores LoBiondo T. Thompson (CA) Yoder Braley (IA) Holt Rahall Bilbray Forbes Loebsack Sarbanes Thompson (MS) Young (AK) Brown (FL) Honda Rangel Bilirakis Fortenberry Lofgren, Zoe Scalise Thompson (PA) Young (IN) Butterfield Hoyer Reyes Bishop (NY) Foxx Lowey Camp Huizenga (MI) Richardson Bishop (UT) Frank (MA) Lucas NOES—37 Campbell Inslee Rogers (MI) Black Franks (AZ) Luetkemeyer Ackerman Gutierrez Ribble Capuano Israel Ross (AR) ´ Blumenauer Frelinghuysen Lujan Amash Hastings (FL) Rogers (AL) Carnahan Jackson (IL) Rothman (NJ) Bono Mack Garamendi Lummis Berman Honda Ros-Lehtinen Carney Jackson Lee Roybal-Allard Boren Gardner Lungren, Daniel Blackburn Hultgren Roskam Carson (IN) (TX) Ryan (OH) Boswell Garrett E. ´ Bonner Johnson, E. B. Schmidt Castor (FL) Johnson (GA) Sanchez, Linda Boustany Gerlach Lynch Chandler Johnson, E. B. T. Brady (TX) Kildee Stivers Brady (PA) Gibbs Mack Chu Keating Sarbanes Brooks Larsen (WA) Terry Braley (IA) Gibson Maloney Cicilline Kildee Schakowsky Cantor Long Tiberi Broun (GA) Gingrey (GA) Marchant Clarke (NY) Manzullo Clarke (MI) Kind Schiff Towns Brown (FL) Gohmert Marino Crowley Meeks Clarke (NY) Kucinich Schrader Walberg Buchanan Gonzalez Markey Diaz-Balart Mulvaney Clay Langevin Schwartz Walsh (IL) Bucshon Goodlatte Matheson Edwards Olson Cleaver Larsen (WA) Scott (VA) Buerkle Gosar Matsui Fudge Rangel Clyburn Larson (CT) Scott, David Burgess Gowdy McCarthy (CA) Cohen Lee (CA) Serrano Butterfield Granger McCarthy (NY) NOT VOTING—32 Connolly (VA) Levin Sewell Calvert Graves (GA) McCaul Austria Grijalva Peterson Conyers Lewis (GA) Sherman Camp Graves (MO) McClintock Bachmann Heinrich Ross (FL) Courtney Lipinski Shuler Campbell Green, Al McCollum Bishop (GA) Higgins Ruppersberger Critz Loebsack Sires Canseco Green, Gene McCotter Burton (IN) Issa Rush Crowley Lofgren, Zoe Slaughter Capito Griffin (AR) McDermott Capps Jenkins Sanchez, Loretta Cummings Lowey Speier Capuano Griffith (VA) McGovern Davis (CA) Luja´ n Stark Cardoza Jones Smith (WA) Carnahan Grimm McHenry DeFazio Lynch Thompson (CA) Coble Murphy (CT) Sullivan Carney Guinta McIntyre DeGette Maloney Tierney Davis (IL) Owens Sutton Carson (IN) Guthrie McKeon Filner Paul DeLauro Markey Tonko Vela´ zquez Carter Hahn McKinley Gallegly Payne Deutch Matheson Towns Young (FL) Cassidy Hall McMorris Giffords Pence Dicks Matsui Tsongas Castor (FL) Hanabusa Rodgers Dingell McCarthy (NY) Upton Chabot Hanna McNerney ANNOUNCEMENT BY THE ACTING CHAIR Doggett McCollum Van Hollen Chaffetz Harper Meehan The Acting CHAIR (during the vote). Dold McCotter Walberg Chandler Harris Mica There are 30 seconds remaining. Doyle McDermott Walz (MN) Chu Hartzler Michaud Edwards McGovern Wasserman Cicilline Hastings (WA) Miller (FL) b 1401 Ellison McIntyre Schultz Clarke (MI) Hayworth Miller (MI) Engel McNerney Waters Clay Heck Miller (NC) Messrs. HONDA and GUTIERREZ Eshoo Meeks Watt Cleaver Hensarling Miller, Gary changed their vote from ‘‘aye’’ to ‘‘no.’’ Farr Miller (MI) Waxman Clyburn Herger Miller, George Mrs. BLACK and Messrs. JOHNSON Fattah Miller (NC) Welch Coffman (CO) Herrera Beutler Moore of Ohio, PALAZZO, and NUNES Frank (MA) Miller, George Wilson (FL) Cohen Himes Moran Fudge Moore Woolsey Cole Hinchey Murphy (PA) changed their vote from ‘‘no’’ to ‘‘aye.’’ Garamendi Moran Yarmuth Conaway Hinojosa Myrick So the amendment was agreed to. Connolly (VA) Hirono Nadler The result of the vote was announced NOES—225 Conyers Hochul Napolitano as above recorded. Adams Brooks Culberson Cooper Holden Neal Stated for: Aderholt Broun (GA) Davis (KY) Costa Holt Neugebauer Akin Buchanan Denham Costello Hoyer Noem Mr. FILNER. Mr. Chair, on rollcall 834, I was Alexander Bucshon Dent Courtney Huelskamp Nugent away from the Capitol due to prior commit- Altmire Buerkle DesJarlais Cravaack Huizenga (MI) Nunes ments to my constituents. Had I been present, Amodei Burgess Diaz-Balart Crawford Hunter Nunnelee I would have voted ‘‘aye.’’ Bachus Calvert Donnelly (IN) Crenshaw Hurt Olver Barletta Canseco Dreier Critz Inslee Palazzo AMENDMENT NO. 7 OFFERED BY MR. BISHOP OF Barrow Cantor Duffy Cuellar Israel Pallone NEW YORK Bartlett Capito Duncan (SC) Culberson Jackson (IL) Pascrell The Acting CHAIR. The unfinished Barton (TX) Carter Duncan (TN) Cummings Jackson Lee Pastor (AZ) business is the demand for a recorded Bass (NH) Chabot Ellmers Davis (CA) (TX) Paulsen Berg Chaffetz Emerson Davis (KY) Johnson (GA) Pearce vote on the amendment offered by the Biggert Coffman (CO) Farenthold DeFazio Johnson (IL) Pelosi gentleman from New York (Mr. BISHOP) Bilbray Cole Fincher DeGette Johnson (OH) Perlmutter on which further proceedings were Bilirakis Conaway Fitzpatrick DeLauro Johnson, Sam Peters postponed and on which the noes pre- Black Cooper Flake Denham Jordan Petri Blackburn Costa Fleischmann Dent Kaptur Pingree (ME) vailed by voice vote. Bonner Costello Fleming DesJarlais Keating Pitts The Clerk will redesignate the Bono Mack Cravaack Flores Deutch Kelly Platts Boren Crawford Forbes Dicks Kind Poe (TX) amendment. The Clerk redesignated the amend- Boustany Crenshaw Fortenberry Dingell King (IA) Polis Brady (TX) Cuellar Foxx Doggett King (NY) Pompeo ment.

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Franks (AZ) Lewis (CA) Roe (TN) RECORDED VOTE Gohmert LoBiondo Richmond Frelinghuysen LoBiondo Rogers (AL) Goodlatte Long Rivera Gardner Long Rogers (KY) The Acting CHAIR. A recorded vote Gosar Lucas Roby Garrett Lucas Rohrabacher has been demanded. Gowdy Luetkemeyer Roe (TN) Gerlach Luetkemeyer Rokita A recorded vote was ordered. Granger Lummis Rogers (AL) Gibbs Lummis Rooney Graves (GA) Lungren, Daniel Rogers (KY) Gingrey (GA) Lungren, Daniel Ros-Lehtinen The Acting CHAIR. This is a 2- Graves (MO) E. Rohrabacher Gohmert E. Roskam minute vote. Green, Al Lynch Rokita Goodlatte Mack Royce The vote was taken by electronic de- Green, Gene Mack Rooney Gosar Manzullo Griffin (AR) Manzullo Runyan vice, and there were—ayes 161, noes 237, Ros-Lehtinen Gowdy Marchant Ryan (WI) Griffith (VA) Marchant Roskam Granger Marino Scalise not voting 35, as follows: Grimm Marino Ross (AR) Graves (GA) McCarthy (CA) Schilling [Roll No. 836] Guinta Matheson Royce Graves (MO) McCaul Schmidt Guthrie McCarthy (CA) Runyan Green, Gene McClintock Schock AYES—161 Hall McCaul Ryan (WI) Griffin (AR) McHenry Hanna McClintock Schweikert Ackerman Gonzalez Paulsen Scalise Griffith (VA) McKeon Harper McHenry Scott (SC) Amash Grijalva Pelosi Schilling Grimm McKinley Harris McKeon Scott, Austin Andrews Gutierrez Perlmutter Schmidt Guinta McMorris Hartzler McKinley Sensenbrenner Baca Hahn Schock Guthrie Rodgers Peters Hastings (WA) McMorris Sessions Baldwin Hanabusa Schweikert Hall Meehan Polis Hayworth Rodgers Shimkus Bass (CA) Hastings (FL) Scott (SC) Hanna Mica Price (NC) Heck Meehan Shuster Becerra Himes Harper Michaud Quigley Hensarling Mica Scott, Austin Benishek Hinchey Harris Miller (FL) Simpson Rangel Herger Michaud Sensenbrenner Berkley Hinojosa Hartzler Miller, Gary Smith (NE) Reyes Herrera Beutler Miller (FL) Sessions Berman Hochul Hastings (WA) Mulvaney Smith (NJ) Richardson Hirono Miller, Gary Shimkus Bishop (NY) Holt Heck Murphy (PA) Smith (TX) Rigell Holden Moore Smith (NE) Blumenauer Honda Hensarling Myrick Southerland Rogers (MI) Huelskamp Mulvaney Smith (NJ) Boswell Hoyer Herrera Beutler Neugebauer Stearns Rothman (NJ) Hultgren Murphy (PA) Smith (TX) Brady (PA) Huizenga (MI) Huelskamp Noem Stivers Roybal-Allard Hunter Myrick Southerland Braley (IA) Inslee Hultgren Nugent Stutzman Hurt Neugebauer Stearns Butterfield Israel Ryan (OH) Hunter Nunes Thompson (MS) ´ Johnson (IL) Noem Stivers Camp Jackson (IL) Sanchez, Linda Hurt Nunnelee Thompson (PA) Johnson (OH) Nugent Stutzman Capuano Johnson (GA) T. Johnson (IL) Olson Thornberry Johnson, Sam Nunes Thompson (MS) Carnahan Johnson, E. B. Sarbanes Johnson (OH) Palazzo Tiberi Jordan Nunnelee Thompson (PA) Carney Keating Schakowsky Johnson, Sam Pearce Tipton Kaptur Olson Thornberry Carson (IN) Kildee Schiff Jordan Petri Turner (NY) Kelly Palazzo Tiberi Castor (FL) Kind Schrader Kaptur Pitts Turner (OH) King (IA) Pearce Tipton Chandler Langevin Schwartz Kelly Platts Visclosky King (NY) Petri Turner (NY) Chu Larsen (WA) Scott (VA) King (IA) Poe (TX) Walden Kingston Pingree (ME) Turner (OH) Cicilline Larson (CT) Scott, David King (NY) Pompeo Walsh (IL) Kinzinger (IL) Pitts Visclosky Clarke (MI) Lee (CA) Serrano Kingston Posey Webster Kissell Platts Walden Clarke (NY) Levin Sewell Kinzinger (IL) Price (GA) West Kline Poe (TX) Walsh (IL) Clay Lewis (GA) Sherman Kissell Quayle Westmoreland Kucinich Pompeo Webster Cleaver Lipinski Kline Reed Whitfield Shuler Labrador Posey West Clyburn Loebsack Labrador Rehberg Wilson (SC) Simpson Lamborn Price (GA) Westmoreland Connolly (VA) Lofgren, Zoe Lamborn Reichert Wittman Sires Lance Quayle Whitfield Conyers Lowey Lance Renacci Wolf Slaughter Landry Rahall Wilson (SC) Costello Luja´ n Landry Ribble Womack Speier Lankford Reed Womack Courtney Maloney Lankford Richmond Woodall Stark Latham Rehberg Woodall Crowley Markey Latham Rigell Yoder Thompson (CA) LaTourette Reichert Yoder Davis (CA) Matsui LaTourette Rivera Young (AK) Tierney Latta Renacci Young (AK) DeFazio McCarthy (NY) Latta Roby Young (IN) Tonko Lewis (CA) Ribble Young (IN) DeGette McCollum Towns DeLauro McCotter NOT VOTING—34 Tsongas NOT VOTING—35 Deutch McDermott Austria Heinrich Ross (FL) Dicks McGovern Upton Austria Heinrich Peterson Bachmann Herger Ruppersberger Dingell McIntyre Van Hollen Bachmann Higgins Ross (FL) Bishop (GA) Higgins Rush Doggett McNerney Walberg Berg Issa Ruppersberger Burton (IN) Issa Sanchez, Loretta Dold Meeks Walz (MN) Bishop (GA) Jackson Lee Rush Capps Jenkins Smith (WA) Doyle Miller (MI) Wasserman Burton (IN) (TX) Sanchez, Loretta Cardoza Jones Sullivan Edwards Miller (NC) Schultz Capps Jenkins Shuster Cardoza Jones Smith (WA) Cassidy Murphy (CT) Sutton Ellison Miller, George Waters Coble Murphy (CT) Sullivan Coble Owens Terry Engel Moran Watt Davis (IL) Paul Davis (IL) Owens Sutton Vela´ zquez Eshoo Nadler Waxman Filner Payne Farr Napolitano Welch Filner Paul Terry Young (FL) ´ Gallegly Pence Fattah Neal Wilson (FL) Gallegly Payne Velazquez Giffords Peterson Forbes Olver Wittman Giffords Pence Young (FL) Frank (MA) Pallone Wolf b 1409 Fudge Pascrell Woolsey b 1405 Garamendi Pastor (AZ) Yarmuth So the amendment was rejected. Mr. CHAFFETZ and Ms. KAPTUR NOES—237 The result of the vote was announced changed their vote from ‘‘aye’’ to ‘‘no.’’ as above recorded. Adams Bucshon Dent So the amendment was rejected. Aderholt Buerkle DesJarlais Stated for: The result of the vote was announced Akin Burgess Diaz-Balart Mr. FILNER. Mr. Chair, on rollcall 836, I was as above recorded. Alexander Calvert Donnelly (IN) away from the Capitol due to prior commit- Altmire Campbell Dreier ments to my constituents. Had I been present, Stated for: Amodei Canseco Duffy Mr. FILNER. Mr. Chair, on rollcall 835, I was Bachus Cantor Duncan (SC) I would have voted ‘‘aye.’’ Barletta Capito Duncan (TN) f away from the Capitol due to prior commit- Barrow Carter Ellmers ments to my constituents. Had I been present, Bartlett Cassidy Emerson PERSONAL EXPLANATION I would have voted ‘‘aye.’’ Barton (TX) Chabot Farenthold Bass (NH) Chaffetz Fincher Mr. HIGGINS. Mr. Chair, I was in my district AMENDMENT NO. 8 OFFERED BY MS. SLAUGHTER Biggert Coffman (CO) Fitzpatrick today to attend to matters concerning the The Acting CHAIR. The unfinished Bilbray Cohen Flake opening of a new federal courthouse in Buf- business is the demand for a recorded Bilirakis Cole Fleischmann Bishop (UT) Conaway Fleming falo. This is one of the largest federal projects vote on the amendment offered by the Black Cooper Flores completed in western New York in recent gentlewoman from New York (Ms. Blackburn Costa Fortenberry years, supporting hundreds of jobs. This strik- SLAUGHTER) on which further pro- Bonner Cravaack Foxx ing structure, standing at the center of Buf- ceedings were postponed and on which Bono Mack Crawford Franks (AZ) Boren Crenshaw Frelinghuysen falo’s business district, is symbolic of Buffalo’s the noes prevailed by voice vote. Boustany Critz Gardner rising opportunities in connection to our unique The Clerk will redesignate the Brady (TX) Cuellar Garrett architecture and history. amendment. Brooks Culberson Gerlach My presence in Buffalo caused me to miss Broun (GA) Cummings Gibbs The Clerk redesignated the amend- Brown (FL) Davis (KY) Gibson several votes in the House today. As a strong ment. Buchanan Denham Gingrey (GA) supporter of both maritime commerce and the

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0636 Sfmt 9920 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7381 environmental protection of the Great Lakes, I head of an executive agency may give a flag There was no objection. would like to submit for the RECORD how I of the United States for an individual who— The text of the bill is as follows: would have voted on the Coast Guard and ‘‘(1) was an employee of the agency; and ‘‘(2) dies of injuries incurred in connection S. 1487 Maritime Transportation Act and other matters. with such individual’s employment with the Be it enacted by the Senate and House of Rep- Had I been present I would have voted: Federal government, suffered as a result of a resentatives of the United States of America in Nay on rollcall 829. criminal act, an act of terrorism, a natural Congress assembled, Nay on rollcall 830. disaster, or other circumstance as deter- SECTION 1. SHORT TITLE. Yea on rollcall 831. mined by the President. This Act may be cited as the ‘‘Asia-Pacific Yea on rollcall 832. ‘‘(b) REQUEST FOR FLAG.—The head of an Economic Cooperation Business Travel Cards Yea on rollcall 833. executive agency may furnish a flag for a de- Act of 2011’’. ceased employee described in subsection (a) Yea on rollcall 834. SEC. 2. ASIA-PACIFIC ECONOMIC COOPERATION Yea on rollcall 835. upon the request of— BUSINESS TRAVEL CARDS. ‘‘(1) the employee’s widow or widower, Yea on rollcall 836. (a) IN GENERAL.—During the 7-year period child, sibling, or parent; or ending on September 30, 2018, the Secretary Mr. LOBIONDO. Mr. Chairman, I ‘‘(2) if no request is received from an indi- move that the Committee do now rise. of Homeland Security, in coordination with vidual described in paragraph (1), an indi- the Secretary of State, is authorized to issue The motion was agreed to. vidual other than the next of kin as deter- Asia-Pacific Economic Cooperation Business Accordingly, the Committee rose; mined by the Director of the Office of Per- Travel Cards (referred to in this section as and the Speaker pro tempore (Mr. sonnel Management. ‘‘ABT Cards’’) to any eligible person, includ- SMITH of Nebraska) having assumed the ‘‘(c) CLASSIFIED INFORMATION.—The head of ing business leaders and United States Gov- an executive agency may disclose informa- chair, Mr. BISHOP of Utah, Acting Chair ernment officials who are actively engaged tion necessary to show that a deceased indi- of the Committee of the Whole House in Asia-Pacific Economic Cooperation busi- vidual is an employee described in sub- ness. An individual may not receive an ABT on the state of the Union, reported that section (a) to the extent that such informa- that Committee, having had under con- Card under this section unless the individual tion is not classified and to the extent that has been approved and is in good standing in sideration the bill (H.R. 2838) to au- such disclosure does not endanger the na- an international trusted traveler program of thorize appropriations for the Coast tional security of the United States. the Department of Homeland Security. ‘‘(d) EMPLOYEE NOTIFICATION OF FLAG BEN- Guard for fiscal years 2012 through 2015, (b) INTEGRATION WITH EXISTING TRAVEL EFIT.—The head of an executive agency shall and for other purposes, had come to no PROGRAMS.—The Secretary of Homeland Se- resolution thereon. provide appropriate notice to employees of curity may integrate application procedures the agency of the flag benefit provided for GENERAL LEAVE for, and issuance, suspension, and revocation under this section. of, ABT Cards with other appropriate inter- Mr. LOBIONDO. Mr. Speaker, I ask ‘‘(e) REGULATIONS.—The Director of the Of- national trusted traveler programs of the unanimous consent that all Members fice of Personnel Management, in coordina- Department of Homeland Security. tion with the Secretary of Defense and the may have 5 legislative days in which to (c) COOPERATION WITH PRIVATE ENTITIES.— revise and extend their remarks and in- Secretary of Homeland Security, may pre- In carrying out this section, the Secretary of clude extraneous material on the bill, scribe regulations to implement this section. Homeland Security may consult with appro- Any such regulations shall provide for the priate private sector entities. H.R. 2838. head of an executive agency to consider the (d) RULEMAKING.—The Secretary of Home- The SPEAKER pro tempore. Is there conditions and circumstances surrounding objection to the request of the gen- land Security, in coordination with the Sec- the death of an employee and nature of the retary of State, may prescribe such regula- tleman from New Jersey? service of the employee. tions as may be necessary to carry out this There was no objection. ‘‘(f) DEFINITIONS.—In this section: section, including regulations regarding con- f ‘‘(1) EMPLOYEE.—The term ‘employee’ has ditions of or limitations on eligibility for an the meaning given that term in section 2105 ABT Card. b 1410 of title 5, United States Code, and includes (e) FEE.— an officer or employee of the United States DIRECTING THE CLERK OF THE (1) IN GENERAL.—The Secretary of Home- Postal Service or of the Postal Regulatory land Security may— HOUSE OF REPRESENTATIVES Commission. (A) prescribe and collect a fee for the TO MAKE CORRECTIONS IN THE ‘‘(2) EXECUTIVE AGENCY.—The term ‘execu- issuance of ABT Cards; and ENROLLMENT OF H.R. 2061 tive agency’ has the meaning given that (B) adjust such fee to the extent the Sec- term in section 105 of title 5, United States Mr. FARENTHOLD. Mr. Speaker, I retary determines to be necessary to comply Code, and includes the United States Postal send to the desk a concurrent resolu- with paragraph (2). Service and the Postal Regulatory Commis- (2) LIMITATION.—The Secretary of Home- tion and ask unanimous consent for its sion.’’. land Security shall ensure that the total immediate consideration. (2) Amend the title so as to read: ‘‘A bill to amount of the fees collected under paragraph The Clerk read the title of the con- authorize the presentation of a United (1) during any fiscal year is sufficient to off- States flag on behalf of Federal civilian em- current resolution. set the direct and indirect costs associated ployees who die of injuries incurred in con- The SPEAKER pro tempore. Is there with carrying out this section during such nection with their employment.’’. objection to the request of the gen- fiscal year, including the costs associated tleman from Texas? The concurrent resolution was agreed with establishing the program. There was no objection. to. (3) ACCOUNT FOR COLLECTIONS.—There is es- The text of the concurrent resolution A motion to reconsider was laid on tablished in the Treasury of the United is as follows: the table. States an ‘‘APEC Business Travel Card Ac- count’’ into which the fees collected under H. CON. RES. 86 f paragraph (1) shall be deposited as offsetting Resolved by the House of Representatives (the ASIA-PACIFIC ECONOMIC COOPERA- receipts. Senate concurring), That, in the enrollment of (4) USE OF FUNDS.—Amounts deposited into the bill (H.R. 2061) to authorize the presen- TION BUSINESS TRAVEL CARDS the APEC Business Travel Card Account— tation of a United States flag on behalf of ACT OF 2011 (A) shall be credited to the appropriate ac- Federal civilian employees who die of inju- Mr. FARENTHOLD. Mr. Speaker, I count of the Department of Homeland Secu- ries in connection with their employment, ask unanimous consent to take from rity for expenses incurred in carrying out the Clerk of the House of Representatives the Speaker’s table the bill (S. 1487) to this section; and shall make the following corrections: (B) shall remain available until expended. authorize the Secretary of Homeland (1) Strike all after the enacting clause and (f) TERMINATION OF PROGRAM.—The Sec- insert the following: Security, in coordination with the Sec- retary of Homeland Security, in coordina- ‘‘SECTION 1. SHORT TITLE. retary of State, to establish a program tion with the Secretary of State, may termi- ‘‘This Act may be cited as the ‘Civilian to issue Asia-Pacific Economic Co- nate activities under this section if the Sec- Service Recognition Act of 2011’. operation Business Travel Cards, and retary of Homeland Security determines ‘‘SEC. 2. PRESENTATION OF UNITED STATES FLAG for other purposes, and ask for its im- such action to be in the interest of the ON BEHALF OF FEDERAL CIVILIAN mediate consideration in the House. United States. EMPLOYEES WHO DIE OF INJURIES The Clerk read the title of the bill. The bill was ordered to be read a INCURRED IN CONNECTION WITH THEIR EMPLOYMENT. The SPEAKER pro tempore. Is there third time, was read the third time, ‘‘(a) PRESENTATION AUTHORIZED.—Upon re- objection to the request of the gen- and passed, and a motion to reconsider ceipt of a request under subsection (b), the tleman from Texas? was laid on the table.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00047 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7382 CONGRESSIONAL RECORD — HOUSE November 4, 2011 PERMISSION FOR MEMBER TO State Area College School District. A and drugs that are unrelated to med- REVISE AND EXTEND REMARKS member of Troop 339, Boy Scouts of ical necessity, traditionally considered Mr. FARENTHOLD. Mr. Speaker, I America, John received the Eagle electives, and can be very ethically di- ask unanimous consent that the gen- Scout with Gold Palm, Silver Beaver visive for many Americans. Why when tleman from Wisconsin (Mr. RYAN) be Award, Unit Commissioner, Honorary 75 cents on every public health care permitted to revise and extend his re- Camp Director, and Wood Badge Beaver dollar is spent on the management of marks and insert extraneous material Awards. He attended four BSA national chronic conditions, such as cancer, into the RECORD. jamborees, serving as a staff member, heart disease, and stroke, is the Health The SPEAKER pro tempore. Is there was a Vigil Honor member of the and Human Services Department objection to the request of the gen- Monaken Lodge, Order of the Arrow, prioritizing free sterilization, for in- tleman from Texas? and an honorary member of Penn State stance? There was no objection. University’s Alpha Phi Omega. John This is distinctly unrelated to our was a member of the Grace Lutheran Nation’s health care priority chal- f Church, where he served as an usher, lenges. I can only conclude that this is ADJOURNMENT TO MONDAY, greeter, and was a member of Disciples ideologically driven and most per- NOVEMBER 7, 2011 Sunday school class. He was also a niciously affects faith-based institu- Mr. FARENTHOLD. Mr. Speaker, I State Special Olympic silver, bronze, tions who are the backstop of compas- ask unanimous consent that when the and gold medal winner in swimming. sionate care for the poorest and most House adjourns today, it adjourn to John Kriner was a true inspiration to vulnerable in society. Many Repub- meet at 10 a.m. on Monday, November all who knew him. Well done, Scouter. licans and Democrats have expressed 7, 2011; when the House adjourns on f very serious concerns about this. No American should be forced to choose that day, it adjourn to meet at 2:30 VFW 1—VETERANS between their faith and their job. p.m. on Thursday, November 10, 2011; ADMINISTRATION 0 f and when the House adjourns on that (Mr. POE of Texas asked and was day, it adjourn to meet at 2 p.m. on given permission to address the House REGIONAL HAZE MANAGEMENT Monday, November 14, 2011. for 1 minute.) (Mr. BERG asked and was given per- The SPEAKER pro tempore. Is there Mr. POE of Texas. Madam Speaker, mission to address the House for 1 objection to the request of the gen- during the hot days of last summer, minute.) tleman from Texas? the Veterans of Foreign Wars went to Mr. BERG. Madam Speaker, with There was no objection. battle with the Veterans Administra- each new overreaching one-size-fits-all f tion. The VFW claimed the VA was mandate, the Obama administration APPOINTMENT OF MEMBER TO NA- censoring free speech and preventing continues to burden the States with TIONAL COMMISSION FOR THE the free exercise of religion at the Na- unnecessary costs and regulations that REVIEW OF THE RESEARCH AND tional Cemetery in Houston. The VFW are hindering job creation. That’s why DEVELOPMENT PROGRAMS OF says the chapel at the cemetery was today I introduced the Regional Haze THE UNITED STATES INTEL- closed. The Bible, the cross, the Star of Federalism Act. This will rein in the LIGENCE COMMUNITY David were removed, and the chapel be- Obama administration and prevent a came a storage shed. VFW members Federal takeover of State haze man- The SPEAKER pro tempore (Ms. also said the director of the cemetery agement. HAYWORTH). The Chair announces the censored prayers and prohibited the re- States like North Dakota continue to Speaker’s appointment, pursuant to ligious ceremony during burial of vet- act responsibly to create well-re- section 1002 of the Intelligence Author- erans. searched plans and to implement EPA- ization Act for Fiscal Year 2003 (P.L. The VFW sued the VA, and the VA mandated policies; yet it’s clear that 107–306) as amended by section 701(a)(3) naturally denied the whole thing. Re- these efforts to play by the rules aren’t of the Intelligence Authorization Act cently, a Federal judge approved and enough for the Obama administration. for Fiscal Year 2010 (P.L. 111–259), and agreed to an order requiring the chapel The administration’s overreach would the order of the House of January 5, to be reopened, the Bible, the cross, the cost North Dakota over $700 million. 2011, of the following Member of the Star of David to be returned, and said Those costs will directly increase rates House to the National Commission for that the VA must not interfere with to our consumers across the State. the Review of the Research and Devel- free speech or the free exercise of reli- If we are truly committed to creating opment Programs of the United States gion at burials. jobs and lowering energy costs, we need Intelligence Community: Madam Speaker, it is ironic that to empower the States and rein in Mr. CONAWAY, Texas Americans have gone to war, fought for President Obama’s overreaching EPA. f the principles of the Constitution; then f when they come home, they face gov- TRIBUTE TO JOHN MILTON HONORING CORPORAL JOSHUA ernment hostility and the denial of KRINER II ‘‘J.B.’’ KERNS First Amendment rights to the citizens (Mr. THOMPSON of Pennsylvania when these veterans are buried in VA (Mr. GRIFFITH of Virginia asked and asked and was given permission to ad- cemeteries. Now the veterans have won was given permission to address the dress the House for 1 minute and to re- a battle against a government that House for 1 minute and to revise and vise and extend his remarks.) wanted to deny them the American extend his remarks.) Mr. THOMPSON of Pennsylvania. freedoms they fought for in lands far, Mr. GRIFFITH of Virginia. Ladies Madam Speaker, on October 9, 2011, a far away. and gentlemen of the House, I rise good friend and long-time scouter, And that’s just the way it is. today, as we approach Veterans Day, to John Milton Kriner II, passed away at f honor Corporal Joshua ‘‘J.B.’’ Kerns. the age of 53. A life marked with ac- Corporal Kerns, from Ararat, Virginia, complishment and overcoming bar- CONSCIENCE RIGHTS in Patrick County, served in the riers, John was born in 1958 with Down (Mr. FORTENBERRY asked and was United States Marine Corps in the 2nd syndrome. Despite life’s challenges, given permission to address the House Combat Engineer Battalion, 3rd Pla- John and his parents, John and Betta, for 1 minute and to revise and extend toon. And one day in Afghanistan he, always focused on the possible, not the his remarks.) unfortunately, was hit with an IED ex- limitations. Mr. FORTENBERRY. Madam Speak- plosion. This brave young man lost He graduated from State College er, the Department of Health and both legs and one arm. Area High School, went on to receive Human Services recently proposed a One of the volunteers who worked certification from Centre County Voca- rule that would require all health plans with him as he recovered, Bert Caswell, tional and Hiram G. Andrews Technical to cover in full and, consequently, working with Wounded Warriors, wrote Schools, and was later employed by the every American to subsidize procedures a poem on his behalf, which I will put

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00048 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7383 into the RECORD, but I would like to For them too, one day Heaven so hold’s a this institution. I hope that when we read just a small piece of it. It’s enti- place . . . And I’ve learned that some return after what is, parenthetically, tled ‘‘What I’ve Learned.’’ men, are put upon this earth! our 12th recess of the year, we will get To So Teach Us, All In Their Fine True to work on the jobs problem for our ‘‘And yet, you’re only 21. But from Worth! you, Joshua, so much more I’ve As to my soul J. B., you’ve taught me what country and try to put our people back learned, more than all my years under comes first! to work. the sun! And that as long as we have And if I ever have a son, I wish he could As vital as that jobs crisis is, we can such sons like you, and such families shine as bright as you JB, this one! never put our country in a situation too, then our Nation will stand, yes, One of Virginia’s, most gallant of all sons! where we are not paying attention to that old Red, White and Blue. And in As I cry, as I watch from where your great threats to our security here at home our future, there’s even more to learn heart has so come! and around the world. And I do want to Running to recovery, all up to new heights from you!’’ spend a few moments this afternoon . . . all in what you have so done! talking about what I think is a very Thank you, Joshua ‘‘J.B.’’ Kerns, and As you make me so weep my son! all of our soldiers who serve our Na- Whenever, I so think of . . . those valleys, significant threat, and that is the tion. from which you’ve come! threat of Iran developing a nuclear weapon. WHAT I’VE LEARNED As I watch all of those mountains so high, that you’ve climbed . . . As Thy Will It is to the credit of the chairwoman (By Bert Caswell) Be Done! of the international relations com- CORPORAL JOSHUA B. KERNS, 2ND COMBAT ENGI- As all of those promises to your fine soul, mittee, the Foreign Affairs Committee, NEERS BATTALION, THE UNITED STATES MA- that you so made and kept my son! Ms. ROS-LEHTINEN, and the senior Dem- RINES As you Did Not Give Up! Did Not Give In! ocrat ranking member, Mr. BERMAN, WHAT I’VE LEARNED Did Not Moan, or Beg My Friend! that yesterday Republicans and Demo- What . . . While, from a death bed, to a wheel chair . . . until those first steps, standing crats on that committee came together What I’ve learned! to pass what I consider to be very pow- That in this our Country Tis of Thee, there there! are such most splendid souls as these! As your precious Mother’s tears did run! erful legislation that would work Such Magnificent Men of Might, America’s As you walked again, as we’ve all learned so against the propagation of nuclear Bravest of all sons so bright like you much from you JB . . . That, you are weapons by Iran. I hope that legisla- J.B.! More Than A Man! tion is something that will be brought United States Marines, who all so shine . . . And, that you are a Marine’s Marine . . . one to the floor promptly and supported by all in their most Splendid Shades of of The Best Dam Things This Country Members from both sides. I think it is Green! Has Ever Seen! Hoo . . . rah Jarhead . . . all in your Most important to understand what more we As this is what I’ve learned! could do and why it’s so important to And that a strong young courageous man, Magnificent Shades of Green! with his Brothers In Arms will go off to And yet, you’re only twenty one . . . but do it. war . . . To Stand! from you Joshua so much more I’ve This is another productive day All for our Country Tis of Thee, will himself learned! throughout our country. People are so ignore! More, than all of my years under the sun! going to work in our cities and in our All for The Price of Freedom To So Insure! And that as long as we have such sons like small towns and our suburbs. They are And will so heroically walk through the val- you, and such so families too! going to classes at universities and ley of death, with but his own most sa- Then, our Nation Will Stand . . . yes, That schools. They are visiting their loved cred life so pledged! old Red, White and Blue! And in the future, there’s even more to learn ones in hospitals. It is, thank God, a And that his Brother In Arms will run normal day in America where we can straight into death, to get help for him from you! do the things that we want to do. But, . . . his most sacred gift to bless! f As did SST Rogers . . . who on that day, for you know, a day 10 years ago in Sep- you J. B. our world so left! b 1420 tember of 2001 started like a normal While, even when so close to death . . . with day, too. September 11, 2001, was a but only one arm left, I’ve learned! THE THREAT OF A NUCLEAR beautiful, blue sky, crystalline day, That somehow still, you could summon up ARMED IRAN and it ended as one of the worst days in The Courage, The Strength, and The The SPEAKER pro tempore. Under the history of our country. The pain of Iron Will! the Speaker’s announced policy of Jan- that day is felt by people around this To so cheat death, all with what was within uary 5, 2011, the gentleman from New your fine heart as etched! country not just in the New York met- With such power and might, and faith . . . to Jersey (Mr. ANDREWS) is recognized for ropolitan region, not just in Wash- new heights to so teach us on each new 60 minutes as the designee of the mi- ington, D.C., not just in Pennsylvania, day! nority leader. but around the country and around the And that against all odds J.B., somehow you Mr. ANDREWS. Madam Speaker, I world. rose up to walk again . . . this most appreciate this opportunity, and I I fear and dread that a similar day brilliant sight! would like to thank the members of could come from a scenario almost too With but tears in your eyes, as your new life the House staff that are staying beyond terrible to imagine. Imagine a group of had begun . . . all on this most memo- voting hours for our opportunity to terrorists who are able to assemble a rable night! Is that not what Heaven is so for my son? speak, and I promise that I will reward substantial amount of money but not As this is What I’ve Learned! your efforts with brevity. an impossible amount of money—let’s That arms and legs, yea we all need . . . but This is the end of another difficult say about $2 million—and they’re able we can survive! week for a lot of Americans. For too to commandeer the services of sci- But, without a magnificent heart like yours many Americans, it’s another week entists who are evil enough or hungry J. B’s . . . we will so surely die! without a paycheck. For many Ameri- enough that they would lend their And that, men who are armed with such cans, this is the week their unemploy- skills to the destructive task of mak- courage and faith . . . can even make ment benefits will expire and they will ing a small nuclear device, what we The Angel’s cry! No matter how dark each new day, with have no income next week. For many call a small improvised explosive de- hearts of courage full . . . move on- Americans, this is the last weekend vice, a nuclear IED. And they don’t ward, as do they! they’ll be in their home because the need a missile to deliver this nuclear To somehow! Someway! To rise up again, all foreclosure is about to be executed IED; they need a U-Haul truck. So they out on their most heroic ways! upon. And sadly, for many Americans, assemble the IED and they load it on And, all of those magnificent families who so this might be the last time that he or the back of a U-Haul truck, and they bare such heartache and pain . . . she closes the doors on their business. drive it to a place where there’s a lot of Watching their loved ones courage, and will This time they close it for good. innocent Americans: The National Mall to live . . . as on their knees with tears they pray! Our constituents and neighbors are right outside of this building, a sports Will but in the darkest of all nights and hurting, hurting desperately, and I arena for an NFL football game, Times days, will stand by them each hour will think there has been far too little at- Square, or a church or a synagogue or they! tention paid to those problems here in a mosque where people are about to

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7384 CONGRESSIONAL RECORD — HOUSE November 4, 2011 worship. And they detonate the IED. continue to provide lethal support, in- an assertion is deeply shocking and dis- The consequences are huge numbers of cluding weapons, training, funding, and concerting. This is the regime that is deaths in the immediate area of the ex- guidance to Iraqi Shia militant groups attempting to achieve a nuclear weap- plosion, a significant number of people that target U.S. and Iraqi forces. on. sickened and eventually dying from nu- This is a country that is actively en- Now how close are they? Here’s a re- clear poisoning, the contamination of gaged in an attempt to kill American port from May 24 of 2011. The world’s the area of the explosion, and a dev- soldiers in Iraq as we speak today. global nuclear inspection agency, the astating blow to the psyche of the Secondly, their brutality extends to IAEA, frustrated by Iran’s refusal to United States of America. their own people systematically. Let answer questions, revealed for the first How could this happen? Is this pos- me highlight just one chilling and hor- time on Tuesday that it, meaning the sible? rifying example reported by Amnesty Well, it’s possible only if terrorists U.N. agency that watches nuclear International on October 11, 2011. An weapons, it possesses evidence that get access to what’s called fissile mate- actress named Marzieh Vafamehr has rial from which you can make a nu- Tehran has conducted work on a highly become the latest individual to face a sophisticated nuclear triggering tech- clear bomb. Fissile material can only sentence of flogging—flogging. She was come from three places: You can make nology that experts said could be used sentenced on or about October 8, 2011, for only one purpose: setting off a nu- it, and it takes a very significant in- to a year in prison and 90 lashes. dustrial complex to do so; you can clear weapon. This is the regime that steal it, and that’s a problem that b 1430 says it is trying to acquire centrifuges we’re working on trying to prevent; or This is not the Middle Ages. I’m not and nuclear power plants to create nu- you can have a government that gives reading from a historic treatise from clear power for its people. But the it to you because that government is the year 800. I’m reading from a sen- quote that I just read is from the inter- committed to a terrorist agenda. tence passed down by an Iranian court national agency, not from U.S. intel- My colleagues, understand that the less than a month ago. What was her ligence, not from our allies, not from risk of Iranian nuclear proliferation in- offense? Her offense was she appeared those who oppose the Iranian regime, cludes firing a missile at U.S. troops or in a film called ‘‘My Tehran for Sale’’ but from the neutral international U.S. allies in the Middle East. It most in which she appeared in one scene agency, which, frankly, has criticized certainly includes that risk, but it’s without the mandatory head covering the United States on occasion, from not limited to that risk. I think the which women in Iran are required to the neutral international agency talk- greatest risk of Iranian nuclear pro- wear and appears to drink alcohol in ing about what the Iranians are up to. liferation is the risk of fissile material another. Her husband denied that she Now it’s classified information as to being handed off by the Iranian Gov- had consumed any alcohol, but the how close they are to receiving this, ernment to a terrorist organization exact charge was levied, and this and we are all under an oath not to that then assembles a small nuclear woman is in prison as we speak and talk about that classified information, IED and brings havoc and death to in- once a month is beaten because she ap- but the public record is replete with in- nocent people in the United States of peared in a movie in a way that was formation that the Iranians are aggres- America. How do we stop that? How do culturally offensive to the regime. This sively pursuing such a weapon. we prevent that from happening? That is the regime that is seeking a nuclear And here’s an academic analysis that was the focus of the effort of the For- weapon. eign Affairs Committee yesterday, and talks about how such a weapon could What else in the context, what else be used by a terrorist group that would I think it should be the focus of our are they up to? Well, let’s listen to the country and civilized countries around be the beneficiary of an Iranian handoff statements of the President of Iran. of fissile material. Based upon this pro- the world. Now he’s not the person that really Now, it’s important to understand fessor’s analysis, and this is written by runs the country; the so-called Revolu- the executive director for the Project the history of this problem, the con- tionary Council does. But he’s involved text of this problem, the risk of this on Managing the Atom, Jeffrey Lewis in its government, President problem, and what I believe is the solu- from the John F. Kennedy School of Ahmadinejad, and here is what he said: tion to this problem. The history is Government at Harvard University, the ‘‘Thanks to people’s wishes and God’s this: article is called the ‘‘Economics of Nu- will, the trend for the existence of the Of all the Nations in the world, only clear Terrorism.’’ Here is what Pro- one has conducted a nuclear weapons Zionist regime is downwards, and this fessor Lewis has to say: A terrorist or- research program and systematically is what God has promised and what all ganization like al Qaeda could plau- lied about the fact that it has done so, nations want. Just as the Soviet Union sibly build and deliver a nuclear weap- and that one nation is the Republic of was wiped out and today does not exist, on for less than $2 million. Two million Iran. The source, it’s a document from so will the Zionist regime soon be dollars. Now, of course, that’s $2 mil- the IAEA, the international agency wiped out.’’ This is the regime that is lion after you’ve received the fissile that monitors nuclear development, attempting to acquire a nuclear weap- material or bought it. Well, such an or- from September 24, 2005, when that or- on. ganization would now have a willing ganization said that they were uncer- And, finally, we were all, I think, partner in Tehran that would own and tain of Iran’s motives in failing to stunned by the reports last week that be able to produce such fissile mate- make important declarations over an individuals who allegedly had ties to rial. the Iranian Government were indicted extended period of time and in pur- We have an urgent economic crisis in suing a policy of concealment until Oc- in the American court system for alleg- edly plotting the assassination of the our country. We need to fix it. We have tober of 2003. This is not a political a lot of other problems we need to fix. view of an American legislator or an Saudi Arabian ambassador to the United States on U.S. soil. Now, But this is happening. And we cannot ideological position of a journal. This let our attention to our economic crisis is the official statement from the Madam Speaker, I would hasten to point out, as you well know, in our sys- take our attention away from our duty international agency that watches nu- to prevent this kind of catastrophe clear weapons. That’s the history. A tem these are allegations, not facts, and so we cannot say that these things from happening to innocent people in long history of deceit and concealment. the world. What’s the context? How is Iran be- are true. But I can scarcely think of a having in the present state of world af- time in the history of our country So what do we do about it? What’s fairs? First of all, they are killing where we have indicted foreign nation- the solution? How do we go forward in United States troops in Iraq. Here’s als or U.S. citizens for an alleged con- a way that stops the Iranians from get- what the State Department’s 2010 spiracy to murder a foreign diplomat ting this fissile material? To the credit country terrorism report had to say on our soil. Perhaps these individuals of this Congress, both parties, and about Iran: will be found not guilty. Perhaps they President Obama, the United States Despite its pledge to support the sta- will be found guilty. But the fact that imposed bilateral sanctions on the Ira- bilization of Iraq, Iranian authorities there was probable cause to make such nians about a year and a half ago. And

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And I’m not here they would accept a reasonable deal tions on the Iranians about a year ago, today to argue for that proposition. which says if you want to have nuclear and there is some evidence that these What I am here today to argue for is power plants in your country, that’s sanctions are beginning to work. the proposition that the sanctions we your sovereign right; but you must buy The United States sanctions, which have imposed thus far have shown your fuel from outside the country and were led by then-ranking member ROS- some signs of success. I think this is you must abandon your ability to man- LEHTINEN and now chairwoman, and by the time to intensify those sanctions, ufacture and synthesize fuel. That’s a then-Chairman BERMAN, now ranking not to weaken them. I think this is a reasonable and fair settlement. We member, and frankly that relied upon time for us to intensify our unified na- should use every tool at our disposal to the work of Senator KIRK in the Sen- tional resolve on this question. And de- encourage the Iranian Government to ate, focused on a gasoline embargo. It’s spite our very profound differences on accept such a settlement. an odd fact, but Iran, which is a coun- matters of economics and social policy, And as any wise President should do, try which exports crude oil, imports which is what a democracy ought to as President Obama has done, as Presi- about 40 percent of its gasoline because have, there should be no difference be- dent Bush did before him, as President its economy is so dysfunctional that it tween us on the question of standing in Clinton did before him, as President cannot refine its own products. Before a unified fashion in favor of more in- Bush did before him, as Presidents the U.S. sanctions were imposed, the tense sanctions against Iran. The need Reagan and Carter did before them, price of a gallon of gasoline heavily is urgent and compelling. any prudent American President must subsidized in Iran was 38 cents a gallon. b 1440 reserve the right to defend our sov- Today it’s $1.58 a gallon. ereign interests with whatever tools Now what does this mean? It means You know, Madam Speaker, if some- are necessary should the need arise. I that an Iranian citizen who used to one had stood in this Chamber in the pray that the need will never arise. have to work 1 hour to fill their gas mid-1990s and said, If we don’t focus And I think if we act intelligently, tank once a week now has to work 5 our intelligence efforts on an obscure forcefully, but urgently, I think that hours to fill their gas tank once a group of former mujahedin rebels in Af- we can avoid that day and avoid a situ- week. This is not a huge sacrifice, but ghanistan called al Qaeda, if we don’t it’s making a dent in the economy of ation like I described earlier. do that, the day may come when we So, Madam Speaker, thank you for Iran. will have a domestic Pearl Harbor, this time this afternoon. I’d like to It is our intention, obviously, not to when the World Trade Centers will col- in any way punish or jeopardize the again thank the staff for its indul- lapse, when thousands of people will gence. I commend the chairwoman of well-being of the Iranian people. They perish, when the Pentagon, our own air are our friends, and we want them to our committee and the ranking mem- space, will be attacked by civilians in ber. And I look forward to supporting be our friends and allies for years to our country, I think one would have come. But the simple, and I think com- their legislation, broadening our uni- thought that the Member was audi- fied, bipartisan national effort to stand pelling, logic of these sanctions is we tioning for a Tom Clancy film. It would are compelling the Iranian leadership strong against the tyranny and evil of sound very fantastic, very unlikely, this regime and for the welfare of inno- to choose between pursuing their nu- and almost like science fiction or a spy clear weapons ambitions but suffering cent people throughout the world and thriller. economic consequences or abandoning throughout our country. I wish September 11, 2001, had been I yield back the balance of my time. those nuclear weapons ambitions and fiction—I wish. That we had not had to f having the opportunity to restore their go to those funerals and comfort those economy to some basic degree of families who suffer today, I wish that REMOVAL OF NAME OF MEMBER health. were the fact. And there will be some AS COSPONSOR OF H.J. RES. 2 By the way, at a time when crude oil prices were rising, the Iranian economy who will say that the scenario we Mr. GOHMERT. Madam Speaker, I stagnated. They had a negative growth talked about earlier, about a nuclear request that my name be removed as a of 1 percent last year, and they had IED exploding in Times Square or the sponsor to H.J. Res. 2. stagnant growth the year before that. National Mall or an NFL football The SPEAKER pro tempore. Is there So at a time when they should have game, is too provocative or too sensa- objection to the request of the gen- been enjoying robust economic growth tional or too scary. I hope they’re abso- tleman from Texas? because of rising crude oil prices, they lutely right; I hope it’s total fiction. There was no objection. were stagnant because of the effective- But I think we ought to know better. f ness of these sanctions. I think we ought to know better that there is a regime which has dem- DOMESTIC AND INTERNATIONAL Perhaps the best evidence of effec- AFFAIRS tiveness was from President onstrated its deceit, which has mani- Ahmadinejad himself, who this week fested its evil toward its own people The SPEAKER pro tempore. Under stood before their parliament defend- and to our troops in the Middle East, the Speaker’s announced policy of Jan- ing a cabinet member of his who is ac- that has used language that is more uary 5, 2011, the gentleman from Texas cused of some wrongdoing and said than just purple language, that is lan- (Mr. GOHMERT) is recognized for 60 min- that one of the reasons why they had guage that goes beyond the pale about utes as the designee of the majority to engage in the wrongdoing was their the annihilation of Israel and of all leader. economy was in bad shape because ‘‘we those who would stand with Israel, and Mr. GOHMERT. Madam Speaker, it is can’t do international banking trans- that now stands accused—or persons a pleasure to be here on the floor to actions anymore.’’ Well, there’s some alleged to have been tied to that re- hear my friend from New Jersey’s com- good news. gime now stand accused in our courts ments, very well thought through. And What I’m suggesting here is that the of participating in a conspiracy to as- I feel sure we can find some com- House should move rapidly to embrace sassinate a foreign diplomat on our monality in our concerns and appre- and support the legislation that the soil. These are people we should be con- ciate the man’s heart and mind. Thank Foreign Relations Committee marked cerned about. you. up yesterday. And I think that legisla- And as we look at the question of One of the things under the debt ceil- tion will enjoy broad Republican and whether such an attack could happen, I ing act that was passed early August Democratic support, as it did yester- think the question is unequivocally: was a requirement for a vote on a bal- day. I believe it was approved unani- Yes, it can. Our responsibility is to, anced budget amendment. There are mously by the committee. I would then with equal equivocation, say, no, it different versions of a balanced budget urge our administration to work with won’t, no, it won’t; that we will use the amendment. One has most of the the Congress and sign such legislation resources at our disposal—our inter- things we hold dear, not only a require- and implement it. national alliances, our economic lever- ment of balancing the budget, but also

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00051 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7386 CONGRESSIONAL RECORD — HOUSE November 4, 2011 a cap to spending as a percentage of So let’s recap: they were members of al Qaeda. We gross domestic product, and also an in- President Obama commits American didn’t know how many were part of the creased supermajority in order to pass forces—as part of NATO. Libyan rebel forces, but we knew there any tax bills raising taxes. b 1450 were members of al Qaeda. We knew My concern has been that we had a I’ll parenthetically add, when he did that there were people who were rebel- wave election last November. We got not have the sense to come before Con- ling against Qadhafi, that as much as over 80 new conservative freshmen, and gress and make the case here, as many they wanted to kill Qadhafi want to we haven’t cut spending like we should. of us on both sides of the aisle have kill Americans. And now we also know I am more and more compelled that we been advocating. No matter who the NATO forces, as the President kept need a cap on spending. All of our President is, Republican, Democrat, if saying, Oh, no, we’re going to leave Members support that. But the ques- you can’t come to Congress and make that to NATO forces. The United tion will be: What version of a balanced States military makes up 65 percent of budget amendment will come to the the case as to why American lives and American treasure should be put at NATO’s military. It’s American. floor for a vote? So let’s look and recap the good that I really do appreciate the comments risk, is it really something we ought to be doing as a country? we’ve done in supporting those mem- of my friend from New Jersey (Mr. AN- bers of al Qaeda who took out Qadhafi, DREWS). There’s been a lot going on in Now, resuming with the article: with whom this administration had the Middle East. And it’s not looking 1. President Obama commits American lawful dealings before they decided to very good for those who love freedom, forces—as part of NATO—to supporting a support taking him out and, hiding the right to make their own choices, rebel faction in Libya whose goal is to over- throw Qadhafi. Obama does this while having under NATO’s name, took action to see because you find in some of the docu- absolutely no clue about what kind of people that he was thrown out and, now, mentation of those who have pushed, make up this rebel faction. supported rebellion, the so-called Arab killed, brutalized. 2. The rebel forces prevail, primarily So here we are, the al Qaeda flag fly- Spring, their definition of freedom is through NATO airstrikes. It was a NATO air- the freedom to live under shari’a law strike that took out a Qadhafi convoy flee- ing over the courthouse in Benghazi. and be completely governed by shari’a ing Sirte that allowed rebel forces to capture That’s the daylight photo. Over here on law. That’s the freedom that their the deposed Libyan leader. this third we have the nighttime photo; Arab Spring brings. 3. Qadhafi ends up in the hands of what can and, once again, there is the al Qaeda And it’s been interesting, there’s an only be considered a mob. He is beaten, tor- flag waving proudly over that historic tured, possibly sodomized, and fatally shot courthouse in Benghazi. article here from the Washington Ex- in what has been oxymoronically described aminer by Gregory Kane. The title Going back to the article from the as ‘‘mob justice.’’ His body is then put on American Thinker: says, ‘‘Obama Becomes ‘Silent Cal’ on public display in a meat store. Libya, Shari’a.’’ I’d just like to read 4. Secretary of State Hillary Clinton flies According to one Benghazi resident, this for the RECORD. And I’m inserting into Libya and announces, with the smug ar- Islamists driving brand-new SUVs and wav- ‘‘President’’ into the mention of Presi- rogance we might expect from an official ing the black al Qaeda flag drive the city’s streets at night shouting, ‘‘Islamiya, dent Obama: from Obama’s administration, ‘‘We came, we saw, he [Qadhafi] died.’’ Islamiya! No East, nor West,’’ a reference to With each passing day, we’re learning more 5. Leaders of Libya’s National Transition previous worries that the country would be and more about the people President Obama Council announce that Shariah law will pre- bifurcated between Qadhafi opponents in the tossed us into bed with in Libya. vail in Libya. east and the pro Qadhafi elements in the Here’s a headline from the London Daily 6. President Obama is mum on No. 5. west. Mail, a British newspaper: He—President Obama—hasn’t said one Elhelwa adds these salient details: ‘‘Now the rebels impose Shariah law as Is- word about the blatantly false account of Earlier this week, I went to the Benghazi lamic rules become ‘basic source’ of Libyan Qadhafi’s death that interim Libyan Prime courthouse and confirmed the rumors: an al legislation.’’ Qaeda flag was clearly visible; its Arabic In the story below the headline, readers Minister Mahmoud Jibril initially gave re- script declaring that ‘‘there is no God but learn from the chairman of Libya’s National porters. Transition Council that the country’s new He hasn’t condemned the ‘‘mob justice’’ Allah’’ and a full moon underneath. When I parliament will have ‘‘an Islamist tint,’’ that that led to Qadhafi’s death, the beating, the tried to take pictures, a Salafi-looking ‘‘any existing laws contradicting the teach- torture, the alleged sodomizing. He hasn’t guard, wearing a green camouflage outfit, ings of Islam would be nullified’’ and that mumbled so much as a syllable about Qadha- rushed towards me and demanded to know men would be allowed to have as many as fi’s body being put on display in a meat what I was doing. My response was straight- four wives. store. forward: I was taking a picture of the flag. Again, the question must be put to Barack Obama hasn’t said one word about Shariah He gave me an intimidating look and hissed, Hussein ‘‘American Values’’ Obama, presi- being the law of the land in the new Libya. ‘‘Whomever speaks ill of this flag, we will dent of the United States: exactly how do The man who was unavoidable for comment cut off his tongue’’ Shariah law and polygamy reflect American when it came to justifying American inter- How about that for an American values? vention in Libya has now pulled a complete value? Remember, when President Obama justi- Harpo Marx Act. ‘‘I recommend that you don’t publish fied American and NATO airstrikes in Libya On this issue, Obama—President Obama— to support the rebel forces that toppled the has made ‘‘Silent’’ Cal Coolidge look like a these. You will bring trouble to yourself.’’ regime of Moammar Qadhafi he claimed that motor mouth. What glorious American values. Our preventing bloodshed was an ‘‘American That’s an article from Gregory Kane President assured us that, without the value.’’ in the Washington Examiner. support of Congress, without even a de- But there was bloodshed aplenty, as least Then, interestingly, from the Amer- bate in Congress, he had to rush head- on the side of Qadhafi forces. Qadhafi himself was a victim of the bloodshed, and the cir- ican Thinker, an article by Andrew long into helping these people that cumstances of his death that have come to Bostom, ‘‘Liberated Libya: Al Qaeda turns out are, as we were concerned light shed more light on what a sham Flag Aloft Benghazi’s Courthouse.’’ might be, al Qaeda. We had to help al Obama’s claim of acting to preserve Amer- The courthouse in Benghazi, is the iconic Qaeda, with whom we had declared ican values really is. seat of the revolt which toppled Qadhafi— war, basically, by the President of the In a separate London Daily Mail story Libya’s ‘‘(im) moral equivalent’’ to Egypt’s United States after 9/11 because they about Qadhafi’s death, the paper printed the Tahrir Square. During the tumultuous had declared war on us. And so this photo of an unidentified rebel who claimed months of Libya’s brutal civil war, it was President, without coming and having he was the one who killed Qadhafi. here that rebel forces established a provi- ‘‘We grabbed [Qadhafi],’’ the young man sional government, and propagandistic a debate, decides he’s going to go help said. ‘‘I hit him in the face. Some fighters media center, crowing to foreign journalists these people before he knew who all ex- wanted to take him away and that’s when I about their ‘‘heroic’’ struggle ‘‘for freedom.’’ actly we were helping because they re- shot him, twice, in the face and in the [Picture of al Qaeda flag] flect American values. chest.’’ One can now see both the Libyan rebel flag Going back to the article. The author Later, it was revealed that more was done and the flag of al Qaeda fluttering atop says: to Qadhafi than this young rebel merely Benghazi’s courthouse. shooting him in the face and chest. ‘‘He followed me inside the courthouse, but Some reports say that, before he died, Qa- I’ve got a blowup of that right here. luckily my driver Khaled was close by, and dhafi was sodomized with either a knife, bay- Just so those who felt so compelled interceded on my behalf. According to onet or some other sharp object. to assist members of al Qaeda, we knew Khaled, the guard had angrily threatened to

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00052 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7387 harm me. When I again engaged him in con- done a poorer and poorer job of that, and blow up the Saudi and Israeli embassies versation, he told me ‘‘this flag is the true although they have made some nice in Washington was a wake-up call. The rad- flag of Islam’’ . . . contributions for people at Solyndra ical regime in Tehran has crossed a red line. Well, how about those American val- and other bankrupt companies. It’s Iran has murdered Americans in Iraq, Af- ues that our President used our treas- ghanistan and Lebanon over the years. Now time to get rid of the Energy Depart- it appears to have ordered terrorist attacks ure, put our military members at risk ment. in order to effectuate? Now we’ve got inside our nation’s capital. Should this prove It’s time to get serious about stop- true, Iran has engaged in an act of war. the al Qaeda flag flying in Libya, in ping the dependence on foreign energy. Now the question is: Who will neutralize Benghazi, over the historic courthouse We know we’ve got enough natural gas. the threat from Iran before’ the mullahs fin- that was the headquarters during the We can actually do that now. We have ish building nuclear warheads and the bal- assault on Qadhafi. at least 100 years of use of natural gas. listic missile systems to deliver them? And I am fine taking a percentage of ‘‘The international community must stop b 1500 the royalties the Federal Government Iran before it’s too late,’’ Israeli Prime Min- We found out on 9/11 there were peo- could get off of natural gas produced, ister Benjamin Netanyahu warned in his United Nations speech last month. If Iran is ple in the world who were at war with oil produced on our own land, our own us, and it turns out they had been at not stopped, we will all face the specter of Federal land, and using it toward alter- nuclear terrorism, and the Arab Spring could war with us at least since Iran, since native energy. But I am not, as most of soon become an Iranian winter. . . . The those days when a naive but well-inten- my friends here, are not in favor of bor- world around Israel is definitely becoming tioned President named Carter had de- rowing more money to throw at compa- more dangerous.’’ clared the Ayatollah Khomeini as a nies like Solyndra that cannot make it ‘‘Iran has not abandoned its nuclear pro- man of peace coming to Iran. The same on their own. gram. The opposite is true; it continues full President who gave away the Panama Or like the solar company in Nevada, steam ahead,’’ warned Maj. Gen. Eyal Eisenberg, home-front command chief for Canal that so many valued Americans the friends of Leader HARRY REID also lost their lives digging, creating, de- getting massive money, 42, 44 cents of the Israel Defense Forces, in a September speech. He warned that the Arab Spring fending, was given away. There will be every dollar, which we had to borrow could turn into a ‘‘radical Islamic winter’’ a price to pay for that at some point to throw at their friends who had gone and ‘‘this raises the likelihood of an all-out, down the road by this country. bankrupt. total war, with the possibility of weapons of But we’re already paying the price It’s time we started using some com- mass destruction being used.’’ and have been since 1979 for the admin- mon sense. You don’t rush in to help in The Obama administration is not taking istration at that time while I was in a rebellion until you know who you’re decisive action to neutralize Iran. President the Army at Fort Benning watching helping, and this administration did Obama’s policy of engagement with the those things happen, knowing it was a not do that because to think that they mullahs has morphed into a policy of ap- knew who we were helping is really un- peasement, and it has failed. Yet the White crime for me as a military member to House has all but taken the use of force off criticize anybody in the chain of com- thinkable. the table. In September 2009, then-Defense mand, which was President Carter. We That’s my hope and prayer that this Secretary Robert M. Gates said, ‘‘The reality had to bite our tongues as we watched administration did not understand who is, there is no military option that does any- that administration welcome in the it was helping who would one day fly al thing more than buy time.’’ In April 2010, the Ayatollah Khomeini. Qaeda flags over a building where New York Times reported that Mr. Gates had So many lives have been lost. So housed the Government in Libya. ‘‘warned in a secret three-page memorandum many people tortured, killed. We’ve And we have sat idly by and watched to top White House officials that the United States does not have an effective long-range got Christians on the run all over the Iran grow greater and stronger in strength in its move toward creating policy for dealing with Iran’s steady progress Middle East, Christians being killed toward nuclear capability.’’ Little has around the Middle East. The last Chris- nuclear weapons, just as my Demo- cratic friend from New Jersey was changed in the past 18 months. What’s more, tian church has now closed in Afghani- the administration is pressuring Israel not stan that we sent American treasure talking about, Iran getting closer and to launch a pre-emptive strike against Iran closer to having nuclear weapons. Plu- and lives, lost so many American lives despite the growing threat of a second Holo- ral. Our strong ally in the Middle East, in order to rout the Taliban. And then caust. who is becoming surrounded by those we turn the country over to what the The American people, however, expect and who want to take it out, Israel, is at deserve better. A bipartisan poll conducted people there tell us is a very, very cor- threat for losing its very existence, an in September by Democrat Pat Caddell and rupt administration. Having met with existence that was acknowledged and Republican John McLaughlin found that 77 leaders of the Northern Alliance with a affirmed unanimously in the United percent of Americans think the Obama ad- few other Members of Congress, it’s ministration’s current polices toward stop- Nations before it was taken over by clear we have not done a good thing en- ping Iran’s nuclear program ‘‘will fail.’’ people who sympathize with those who forcing a centralized government in a About 63 percent of Americans think Iran is fly the al Qaeda flag. the nation posing the greatest threat to us, country that cannot sustain it without Back in those days, it was a unani- mass corruption and brutality. ahead of China and North Korea. Remark- mous decision: How could a country, a ably, 63 percent of Americans also approve of We also know from the recent com- Jewish state like Israel, not be created pre-emptive military action against Iran if ments of Karzai himself he’s prepared after the worst genocide, Holocaust, in economic sanctions do not stop its nuclear to make peace and be an ally of people the history of man? program. sworn to destroy us. They needed a country of their own, b 1510 Afghanistan can be salvaged, but we and what better place than in a place have to be smart in the way that we do where King David ruled 1,400 years be- And they have not. that. At the same time, we know that fore there was a man named Moham- It is very clear that these sanctions more of the 9/11 hijackers were from med, 1,400 years before the creation of have not slowed Iran from pursuing nu- Saudi Arabia than from any other modern-day Islam. clear weapons. It appears very clear to country. It certainly appears that Well, I’m proud to say that Joel those who look very long and who there are people in Saudi Arabia who Rosenberg is a friend of mine. I was study the issue very long that Iran is have made massive amounts of money visiting with him last night. He’s got a counting on developing nuclear weap- because of our dependence on their oil brand-new book out. Can’t wait to read ons before the sanctions totally cripple who have used that money to fund ter- it. Joel Rosenberg has an article in the them, because they know, when they rorism that has been used against the Washington Times, Friday, October 21, get nuclear weapons, they can then use United States to kill our precious men needs to be entered in the RECORD, and them to extort the removal of the sanc- and women of our military. I’ll do so by reading it. tions. They will not work in time. It’s We need to become energy inde- The headline, the title is ‘‘Con- time to face up to that. pendent. We need to get rid of any De- fronting the threat from Iran.’’ Going back to Joel Rosenberg’s arti- partment that has had as its avowed Joel Rosenberg writes: cle: goal for 32 years to get off dependence The brazen Iranian terrorist plot to assas- War, of course, is not the preferred solu- on foreign energy and every year has sinate the Saudi ambassador, kill Americans tion. There are a range of options a serious

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00053 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7388 CONGRESSIONAL RECORD — HOUSE November 4, 2011 American president could take to neutralize Michele Bachmann and Texas Gov. Rick ish people determined to return to their the Iranian threat. But none of them is like- Perry have barely mentioned the issue, homeland in the Land of Israel from the ly to work unless the president is willing to though certainly they understand the dan- lands of their dispersion; publicly put the military option on the table gers. Whereas in 1922, the League of Nations and order the Pentagon to accelerate plan- Only Rep. Ron Paul among the Republican mandated that the Jewish people were the ning for massive airstrikes and special oper- contenders doesn’t grasp the seriousness of legal sovereigns over the Land of Israel and ations. the twin Iranian threats of terrorism and nu- that legal mandate has never been super- Will any of the Republican candidates for clear weapons. ‘‘One can understand why seded; president step up? Articulating pro-growth [the mullahs] might want to become nuclear- Whereas in the aftermath of the Nazi-led economic policies is vital to the 2012 cam- capable, if only to defend themselves and to Holocaust from 1933 to 1945, in which the paign, to be sure, but the GOP candidates be treated more respectfully,’’ Mr. Paul has Germans and their collaborators murdered must not drink the Kool-Aid that the econ- written. The congressman opposes economic 6,000,000 Jewish people in a premeditated act omy is all that matters to the American peo- sanctions on Iran. He opposes pre-emptive of genocide, the international community ple. To the contrary, anyone who is asking strikes on Iran. Indeed, Mr. Paul has indi- recognized that the Jewish state, built by for the Republican nomination must articu- cated he does not have a problem with Iran Jewish pioneers must gain its independence late a clear, compelling and detailed strat- acquiring nuclear weapons because he from Great Britain; egy for neutralizing the threat posed by the doesn’t think the mullahs in Tehran would Whereas the United States was the first apocalyptic, genocidal death cult in Tehran. actually use such weapons against their en- nation to recognize Israel’s independence in At the next debate, each of the Republican emies. What’s more, he has stated that he 1948, and the State of Israel has since proven candidates for president should be pressed to would not come to Israel’s defense if Iran herself to be a faithful ally of the United directly answer the following questions: fired nuclear weapons at the Jewish state. States in the Middle East; 1. As president of the United States, what This article by Joel Rosenberg is an Whereas the United States and Israel have specific actions would you take to stop Iran excellent article, and it used to be a special friendship based on shared values, from obtaining and deploying nuclear weap- and together share the common goal of peace ons and using terrorism to advance its Is- taken seriously. and security in the Middle East; lamic Revolution? Knowing Herman Cain personally, Whereas, on October 20, 2009, President 2. If you had intelligence that Iran was on Governor Rick Perry personally, Barack Obama rightly noted that the United the verge of building operational nuclear MICHELE BACHMANN personally, Rick States-Israel relationship is a ‘‘bond that is weapons, would your administration support Santorum personally, Newt Gingrich much more than a strategic alliance.’’; an Israeli preemptive military strike on personally, I know they’re all con- Whereas the national security of the Iran’s nuclear facilities? cerned about it, but because of the way United States, Israel, and allies in the Mid- 3. Would you as president seriously con- dle East face a clear and present danger from the debates have been structured, this sider ordering a pre-emptive strike by U.S. the Government of the Islamic Republic of military forces to neutralize the Iranian nu- has not been an issue that has been Iran seeking nuclear weapons and the bal- clear threat? pushed. I know all of those individuals listic missile capability to deliver them; Former Massachusetts Gov. Mitt Romney well enough to know their hearts and Whereas Israel would face an existential recently delivered a foreign-policy address in to know they do not want Iran to have threat from a nuclear weapons-armed Iran; South Carolina in which he raised the Ira- nuclear weapons and that they will do Whereas President Barack Obama has been nian threat. ‘‘Will Iran be a fully activated what’s necessary to prevent it. The firm and clear in declaring United States op- nuclear weapons state, threatening its neigh- trouble is none of those individuals will position to a nuclear-armed Iran, stating on bors, dominating the world’s oil supply with become President or even have the November 7, 2008, ‘‘Let me state—repeat a stranglehold on the Strait of Hormuz?’’ Mr. what I stated during the course of the cam- Romney asked. ‘‘In the hands of the aya- chance to become President for 18 paign. Iran’s development of a nuclear weap- tollahs, a nuclear Iran is nothing less than months. on I believe is unacceptable.’’; an existential threat to Israel. Iran’s suicidal It’s time that the American people Whereas, on October 26, 2005, at a con- fanatics could blackmail the world.’’ Mr. convinced the American President of ference in Tehran called ‘‘World Without Zi- Romney noted that he would ‘‘begin discus- this, who helped create the situation onism’’, Iranian President Mahmoud sions with Israel to increase the level of our where al Qaeda—our enemies, our Ahmadinejad stated, ‘‘God willing, with the military assistance and coordination’’ and sworn enemies who want to destroy force of God behind it, we shall soon experi- would ‘‘reiterate that Iran obtaining a nu- ence a world without the United States and clear weapon is unacceptable.’’ However, he it—can fly their flags over the Libyan Zionism’’; did not specifically discuss how he would courthouse. It was more than the Liby- Whereas the New York Times reported stop Iran from getting the bomb and spon- an courthouse. It was the brief capital, that during his October 26, 2005, speech, soring terrorist attacks. the headquarters, for the people that President Ahmadinejad called for ‘‘this occu- Businessman Herman Cain has soared into this President chose to help. pying regime [Israel] to be wiped off the the top tier of presidential candidates with a A dangerous time. map’’; bold pro-growth tax-simplification plan, but Now, I have filed House Resolution Whereas, on April 14, 2006, Iranian Presi- he has spoken little of foreign policy. He has dent Ahmadinejad said, ‘‘Like it or not, the identified Iran as one of America’s most seri- 271. It has got a slew of cosponsors. Zionist regime [Israel] is heading toward an- ous national security threats and has been They’re all Republican, but I would nihilation’’; clear about his strong support for Israel. hope that some of my friends on the Whereas, on June 2, 2008, Iranian President Drawing on his experience as a civilian con- other side of the aisle would join in Ahmadinejad said, ‘‘I must announce that tractor for the U.S. Navy working on bal- with us on this. the Zionist regime [Israel], with a 60-year listic-missile projects, Mr. Cain rightly has Madam Speaker, I would hope that record of genocide, plunder, invasion, and be- called for enhanced missile defenses to blunt people would encourage their Members trayal is about to die and will soon be erased an Iranian nuclear threat ‘‘I would make it of Congress to sign on if they support from the geographical scene’’; a priority to upgrade all of our Aegis sur- Whereas, on June 2, 2008, Iranian President face-to-air ballistic-missile defense capabili- what’s here. Ahmadinejad said, ‘‘Today, the time for the ties of all of our warships, all the way around Basically, most of this resolution— fall of the satanic power of the United States the world,’’ Mr. Cain told the Values Voter it’s not terribly long; it’s just six has come, and the countdown to the annihi- Summit in Washington earlier this month. pages—and most of that are whereas lation of the emperor of power and wealth ‘‘Make that a priority, and then say to [Ira- clauses stating facts. has started’’; nian President Mahmoud] Ahmadinejad, Whereas, on May 20, 2009, Iran successfully ‘Make my Day.’ ’’ His instincts are right, but b 1520 tested a surface-to-surface long range mis- missile defenses are insufficient to neu- sile with an approximate range of 1,200 miles; The text is as follows: tralize the Iranian threat. Whereas Iran continues its pursuit of nu- Few of the GOP candidates better under- H. RES. 271 clear weapons; stand the Iranian threat—and the dangerous Whereas archeological evidence exists con- Whereas Iran has been caught building end-times theology of the current Iranian firming Israel’s existence as a nation over three secret nuclear facilities since 2002; leadership, which is preparing for the coming 3,000 years ago in the area in which it cur- Whereas Iran continues its support of of the Shia messiah known as the ‘‘Twelfth rently exists, despite assertions of its oppo- international terrorism, has ordered its Imam’’—than former Sen. Rick Santorum of nents; proxy Hizbullah to carry out catastrophic Pennsylvania. Thus far, however, he has not Whereas with the dawn of modern Zionism, acts of international terrorism such as the made Iran a major element of his campaign. the national liberation movement of the bombing of the Jewish AMIA Center in Bue- Former House Speaker Newt Gingrich, Rep. Jewish people, some 150 years ago, the Jew- nos Aires, Argentina, in 1994, and could give

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00054 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7389 a nuclear weapon to a terrorist organization States’ permission—which would not email exchange with Rod Dreher in 2006 in the future; be given—then Israel, since they do not (when Dreher, at the Dallas Morning News, Whereas Iran has refused to provide the have all of our stealth capability, do countered Elibiary’s praise for Qutb), in International Atomic Energy Agency with not have the most sophisticated bombs which Elibiary reportedly called Dreher ‘‘a full transparency and access to its nuclear Klansman without a hood’’ [ACM: I think program; we have, will likely lose many planes that means ‘‘Islamophobe’’ and warned him: Whereas United Nations Security Council and will be in need of replacement ‘‘Treat people as inferiors and you can ex- Resolution 1803 states that according to the planes and parts. pect someone to put a banana in your ex- International Atomic Energy Agency, ‘‘Iran I hope and pray that the rumor that haust pipe or something.’’ has not established full and sustained sus- they’re telling them, we will not sup- Who better could President Obama pos- pension of all enrichment related and reproc- port them with replacement planes, re- sibly choose to help formulate counter- essing activities and heavy-water-related placement parts if they defend them- terrorism strategy? Actually, once you read projects as set out in resolution 1696 (2006), selves, is not true. But this President, the strategy, I think you’ll agree that he 1737 (2006) and 1747 (2007) nor resumed its co- made a perfect choice. though he’s been so vocal about why we operation with the IAEA under the Addi- Then we have another article from tional Protocol, nor taken the other steps re- needed to go support Libya, why it was quired by the IAEA Board of Governors, nor in our American values, interest, has National Review Online, again from complied with the provisions of Security not talked a lot about what he’s telling Andrew McCarthy. Headline, Council resolution 1696 (2006), 1737 (2006) and Israel behind the scenes. ‘‘Napolitano: On Elibiary, I know Noth- 1747 (2007) . . .’’; Israel is in grave danger. We have ing. I Know Nothing * * * ’’ Whereas at July 2009’s G–8 Summit in been a friend because we believe in the He said that Secretary Napolitano Italy, Iran was given a September 2009 dead- same value of human life, the same ‘‘professes not to know anything about line to start negotiations over its nuclear value of freedom, of liberty. We owe it the matter’’—he’s talking about programs and Iran offered a five-page docu- Elibiary—‘‘or about how I got a guy ment lamenting the ‘‘ungodly ways of think- to them, our friends, our allies. who appears at a conference honoring ing prevailing in global relations’’ and in- b 1530 cluded various subjects, but left out any Ayatollah Khomeini, who praises Mus- mention of Iran’s own nuclear program If we’re not going to have the nerve lim Brotherhood theorist Sayyid Qutb, which was the true issue in question; to take action against a country that and who condemns the Justice Depart- Whereas the United States has been fully is sworn to be at war with us and to de- ment’s successful prosecution of the committed to finding a peaceful resolution stroy us and take us out at all costs, Muslim Brotherhood’s Hamas financing to the Iranian nuclear threat, and has made then we should at least not stand in network (the Holy Land Foundation boundless efforts seeking such a resolution the way of a friend who wants to do so. case), somehow winds up on the De- and to determine if such a resolution is even I have a few more things I want to possible; partment of Homeland Security advi- Whereas the United States does not want cover here. There’s an article from Na- sory council that helped devise the or seek war with Iran, but it will continue to tional Review online from The Corner Obama administration’s counterterror- keep all options open to prevent Iran from by Andrew McCarthy, another brilliant ism policy.’’ obtaining nuclear weapons; and man and, I’m proud to say, a dear Actually, it turns out, as Secretary Whereas Israeli Prime Minister Netanyahu friend. The headline: ‘‘Did Obama ap- Napolitano testified, that actually she, said in January 2011 that a change of course pointee access confidential database in as the Secretary of Homeland Security, in Iran will not be possible ‘‘without a cred- effort to smear Perry as gave this gentleman the secret security ible military option that is put before them ‘Islamophobe’?’’ clearance which ultimately allowed by the international community led by the United States’’: Now, therefore, be it At PJM, terrorism researcher Patrick him to access sensitive documents, at Resolved, That the House of Representa- Poole reports that Mohamed Elibiary, an ap- least three of which he downloaded and tives— pointee on President Obama’s Homeland Se- then tried to market to major media (1) condemns the Government of the Is- curity Advisory Council, is in hot water with sources. lamic Republic of Iran for its threats of ‘‘an- the Texas Department of Public Safety It is important to note that in the nihilating’’ the United States and the State (TDPS). The issue is whether Elibiary used his privileged access to a state law-enforce- pleading that Khalid Sheikh Moham- of Israel, for its continued support of inter- med filed—and he is a very smart man. national terrorism, and for its incitement of ment database to acquire intelligence re- genocide of the Israeli people; ports and then tried to shop them to the He may be crazy, but he is a very smart (2) supports using all means of persuading media, urging that they showed rampant man. He did his own interpretation in the Government of Iran to stop building and ‘‘Islamophobia’’ at TDPS under Governor English, so some of the articles are not acquiring nuclear weapons; Rick Perry. quite appropriate, but he sets out a (3) reaffirms the United States bond with Poole says no story was published because, legal document and justifies all of the according to one press source, there was Israel and pledges to continue to work with actions he took in working on 9/11’s the Government of Israel and the people of ‘‘nothing remotely resembling Islamo- phobia’’ in the leaked reports. The source murder of 3,000 Americans. He takes Israel to ensure that their sovereign nation verses from the Koran and uses them continues to receive critical economic and told Poole, ‘‘I think [Elibiary] was hoping we military assistance, including missile de- would bite and not give it too much of a look to justify his actions. fense capabilities, needed to address the in light of other media outfits jumping on At one point in his pleading, which threat of Iran; and the Islamophobia bandwagon.’’ we have access to through our Web (4) expresses support for Israel’s right to The Islamophobia bandwagon was the sub- site—and this was declassified by the use all means necessary to confront and ject of my column last weekend. Seems there judge in the 9/11 cases involving five are plenty of Islamists and Leftists climbing eliminate nuclear threats posed by Iran, de- planners of 9/11. It was ordered released fend Israeli sovereignty, and protect the aboard. Elibiary, you’ll no doubt be stunned to on the 9th day of March, 2009, and there lives and safety of the Israeli people, includ- learn, was also on the Obama DHS’s working are also transcripts of his colloquy ing the use of military force if no other group on ‘‘countering violent extremism.’’ peaceful solution can be found within a rea- with the judge in which he confessed to That’s the brain-trust that helped devise the sonable time. many other acts of terrorism, quite new Obama counterterrorism strategy I out- That’s House Resolution 271. And I voluntarily, it was obvious. lined (here and here) a few weeks back—the But in his pleading, Khalid Sheikh certainly hope that more Members of one that envisions having law-enforcement Congress will join us in supporting that pare back their intelligence-gathering ac- Mohammed, on behalf of himself and position because time is running out. tivities and take their marching orders from the four other defendants who were It is also my hope and prayer that ‘‘community partners.’’ I call the new strat- ready to plead guilty, announced they the rumors that have gone around egy ‘‘factophobia.’’ were pleading guilty before this admin- about what this administration has As noted by Poole and the Investigative istration; and the Attorney General-to- told Israel behind closed doors do not Project on Terrorism, Elibiary’s history in- be, Eric Holder, announced they were have support. In fact, that’s my hope cludes an appearance at a conference hon- going to give these guys a show trial in oring Ayatollah Khomeini; condemning the New York. So they withdraw their and prayer. Because if this administra- Justice Department’s successful prosecution tion were to be telling Israel behind of a Hamas-financing conspiracy designed by guilty pleas so they could get a show closed doors that if they move to pro- the Muslim Brotherhood (the Holy Land trial in New York. Now that’s not tect themselves against a nuclear at- Foundation case); praise for Brotherhood going to happen, and now it looks like, tack by Iran without the United theorist Sayyid Qutb; and an aggressive 4 years after these people agreed to

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00055 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7390 CONGRESSIONAL RECORD — HOUSE November 4, 2011 plead guilty, which will be December of copy of the Treaty of Paris in the State trians will obey the yield sign and not next year, they will still not have been Department. Tours can be taken, I’ve run out in front of our moving car. We tried because of the actions of this ad- taken tons of tours around Wash- have faith that if a driver turns on the ministration. ington, D.C. Until my pastor and his right hand turn signal, they will not But Khalid Sheikh Mohammed says: wife, David and Cindy Dykes, were in suddenly turn left in front of us. We We do not possess your military might, town years back, I had not seen that. have faith that other drivers will not not your nuclear weapons; neverthe- But I was taken aback, and I’ve got a recklessly endanger our lives by driv- less, we fight you with the almighty copy of—this is a duplicate—of the ing drunk. So whether driving to work God. So, if our act of jihad and our Treaty of Paris, two pages, well, it’s or to play, it is faith that allows us to fighting with you caused fear and ter- the first and last page here. There are drive. And if another person runs a stop ror, then many thanks to God, because 10 articles, so we’ve got the first and light, doesn’t brake behind us, doesn’t it is him that has thrown fear into last pages here. obey the yield sign, suddenly turns in your hearts, which resulted from your So how would you start a treaty in front of us or drives drunk, they have infidelity, paganism, and your state- such a way that it would scare the broken the faith. In other words, when ment that God had a son and your strongest country in the world from you’re driving, the only thing that Trinity beliefs. violating their oath? Well, they figured stands between you and death is faith. Then he goes on and he says: God it out, and they put it on the docu- If you fly on airplanes, you have stated in his book, verse 151, Al-Umran, ment. The biggest letters anywhere in faith. You have faith in a pilot that Soon shall we cast terror into the the treaty are those in the first two you’ve never met—that they’re well hearts of the unbelievers, for that they lines, and they began ‘‘In the Name of trained, that they know how to take joined companies with Allah, for which the most Holy and undivided Trinity.’’ off and land, can handle a storm in the he has sent no authority; their place Starting the Treaty of Paris with ‘‘In air, can handle an emergency, are will be the fire; and evil is the home of the Name of the most Holy and undi- physically fit, psychologically stable, the wrongdoers. That is just one part. vided Trinity,’’ they knew would be and not drunk or on drugs. You have He also says: We ask to be near God. strong enough to scare Great Britain faith in the flight attendants that We fight you, destroy you, terrorize. into not violating the oath that they they’ve been trained to handle unruly You’ll be greatly defeated in Afghani- signed on that document. passengers or an emergency situation. stan and Iraq, and America will fall po- Then you tie it in with Khalid You have faith that the maintenance litically, militarily, economically. Sheikh Mohammed’s pleading, the very people have properly serviced the plane Your end is very near, and your fall fact that they would sign such a docu- before it takes off. You have faith that will be like the fall of the towers on ment recognizing the Holy Trinity, ac- the TSA employees have done their job the blessed 9/11 day. cording to Khalid Sheikh Mohammed and have not made an error that will But this gentleman references that and his interpretation of the Koran, put your life or the life of passengers in one of the reasons that it’s okay to kill that’s justification for killing and ter- danger. You have a reasonable faith in Americans is because many Americans rorizing people that believe in the Holy the regulations of the FAA that the believe there is a Holy trinity, a Fa- undivided Trinity. fuel, the engines, the body of the plane, ther, Son and Holy Ghost. They believe There’s a war going on, and in Libya, and the runways are safe. A critical that God had a son that Christians call apparently we fought for people who error anywhere along this line will the Messiah. want to destroy us. The al Qaeda flag damage and destroy your faith in air My time is running out, so let me di- now flies proudly over this federal travel. rect you to the Treaty of Paris, 1783, building in Benghazi, Libya. Congratu- Train engineers have faith that driv- such a historic document. The most lations to this administration for mak- ers and pedestrians will not drive or powerful country in the world at that ing that happen. walk around railroad crossing gates time, 1783, was Great Britain. They had With that, Madam Speaker, I yield and endanger themselves or the train. the most powerful Navy, the most pow- back the balance of my time. Bus passengers have faith that the erful military; and yet a ragtag bunch f driver is not intoxicated, on drugs, or of people who believed so firmly in the experiencing emotional problems that JOBS, JOBS, JOBS WILL RESTORE ideas of freedom and being able to can endanger the public or their riders. FAITH IN GOVERNMENT practice most of them—in fact, a third Look, Madam Speaker, how faith op- of the signers of the Declaration, they The SPEAKER pro tempore (Ms. erates during medical emergencies. weren’t just Christians; they, as Mar- BUERKLE). Under the Speaker’s an- When we’re at our weakest and sud- tin Luther King, Jr., were ordained nounced policy of January 5, 2011, the denly become ill and need to be rushed Christian ministers, and they believed gentleman from Illinois (Mr. JACKSON) to the hospital. We have faith that a in freedom and that God was giving us is recognized for 30 minutes. well-trained ambulance and emergency a chance to govern ourselves. Mr. JACKSON of Illinois. Madam medical technician will arrive quickly So after this ragtag bunch defeated Speaker, tonight I want to speak on and provide us with care. We have faith the strongest country in the world, the subject jobs, jobs, jobs. Jobs will that drivers on the road will pull over Great Britain, and they sat down in restore faith in government. Invest, when they hear the sirens to allow our 1783 in Paris, and we had there on our build and grow. ambulance driver to get us quickly and behalf John Adams, Benjamin Frank- One does not have to be a Christian safely to the hospital. We have faith in lin, and John Jay, three of our bright- to understand or believe what the Bible the doctors, the nurses, and the med- est minds, they had to set about fig- says about three critical things that ical staff that they will provide us with uring out: What can we put on paper to are important to living our lives: faith, the highest quality of care possible re- have Great Britain sign that will be so hope, and love. Today I want to con- gardless of our perceived ability to pay important that they would not want to nect the idea of faith to faith in gov- or whether we have medical insurance. risk violating an oath? What kind of ernment. Hebrews 11.1 says, ‘‘Now faith Without the faith that our judicial oath could we put on this treaty that is the substance of things hoped for, system has laws that are rationally Great Britain would be scared to vio- the evidence of things not seen.’’ and morally sound and faith that our late? What are some of those things that judges will conduct themselves in a re- are hoped for and not seen? When we spectful and fair way toward prosecu- b 1540 drive a car, we have faith that when tors and defendants, we cannot have a This treaty will want them to recog- our light turns green and we go, the justice system that endures. nize the United States of America. person driving the car in the other di- Earlier last month, I spent the day What can we do to make it serious rection will obey the light when it with the Johnson-Karlock family out- enough that they would not turn turns red and stop. When we stop for a side of Momence, Illinois, during their around the next month and say we had red light, we have faith that the car be- family’s harvest season. As we were no right to be independent despite hind us will also stop and not ram us in sitting down for lunch, Mr. Johnson led what they signed? There is an original the rear. We have faith that the pedes- us in a short prayer to thank God for

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00056 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7391 the successful season’s harvest. affirm that I will support and defend and Secondary Education Act for stu- Through his prayer, I quickly learned the Constitution of the United States dents, the 1964 Public Accommodations how many factors a farmer has to rely against all enemies, foreign and domes- Act and the 1965 Voting Rights Act for on for a good harvest year. When I pray tic.’’ When we take that oath but leave African Americans—for most Ameri- over my family’s dinner, it’s always 25 million people either unemployed or cans restored faith in the Federal Gov- ‘‘God is good, God is great, thank you underemployed, internally we are cre- ernment. for the food that I’m about to receive ating potential domestic enemies. Today, in order to restore the Amer- for the nourishment of my body, for I think I have demonstrated that all ican people’s faith in government, the Christ’s sake, Amen.’’ And then my of us have faith. Men cannot live by Federal Government must jump-start family sits down and eats. bread alone, and we couldn’t live if we the private economy by ‘‘priming the But when I heard from Mr. Johnson’s didn’t have faith. But to have faith in pump’’ and creating jobs. What do we prayer, there must have been a dozen a government means that a govern- need to do? Madam Speaker, we should unseen factors on his mind that small ment that is actually of, by, and for move the money: jobs, not cuts; tax the family farmers depend on for their way the people must be responsive to the rich; stop the wars; bring home our of life. He expressed gratitude for the people’s needs. So when Congress or troops. What does move the money sun, gratitude for the rain, gratitude Members of Congress say—through mean? It means we need to create a for the soil, and gratitude for the har- words or deeds or actions or inaction— second economic stimulus, not because vest. He prayed for protection against that the Federal Government can’t the first one failed—it worked, it things that can destroy his crop and help, it destroys the American people’s stopped us from going into the abyss— support for his equipment. His prayer faith in their government. but because the hole was deeper than was a mighty different prayer from the The greatest material need of the we originally thought, we need a sec- prayer that I normally pray over my American people today is jobs, jobs, ond stimulus. food. jobs. The greatest need of the Amer- My conservative colleagues in both But the Johnsons and other small ican economy today is aggregate de- parties are like the man whose house family farmers also believe in the Fed- mand. The most effective and efficient caught on fire and he tried to put it out eral Government. If something bad way to meet the need for jobs and ag- with his garden hose and it didn’t does happen in a season, the Federal gregate demand—in the spirit of FDR— work. You know what he concluded? He Government is there to provide crop in- is for the Federal Government to di- concluded that water does not put out surance and disaster insurance to get rectly hire workers to do the work that fires. But that was the wrong conclu- them through tough times. They rely needs to be done. The result of the Fed- sion. He should have concluded that he on the Federal Government to provide eral Government investing, building needed more water and a bigger hose. President Obama’s original stimulus research that enhances production and and growing the economy and creating has given us 20 months of private jobs yield and genetic engineering of the full employment will be the restora- growth, but we need more to get us crop and seed breeding. tion of faith in government. back on track. We need the President’s b 1550 For the last 30 years we’ve been American Jobs Act; we need JAN They have faith in their government bombarded with Ronald Reagan’s con- servative negative government rhet- SCHAKOWSKY’s Emergency Jobs to Re- that their government will be there in store the American Dream Act; and we oric: ‘‘Government is not the solution their time of need. need the plan that I’m putting to- to our problem; government is the It doesn’t matter whether you’re a gether, the Invest, Build, Grow and problem.’’ That’s an interesting phrase. Christian, a Muslim, a Jew, a Buddhist, Full Employment Act. a Hindu, agnostic or atheist. It is im- How can a government of, by, and for In March of 2009, Congress passed the possible to live without faith. Our auto the people be the problem? Logically, first economic stimulus, which in- industry almost collapsed; so we can it says either we don’t have a govern- cluded $757 billion intended to save or only have so much faith in General Mo- ment of, by, and for the people, or that create 2 million to 2.5 million jobs over tors and Chrysler and Ford. Our finan- people are the problem. So the first 2 years. It succeeded, but it wasn’t cial system did partially collapse; so thing we must do to counter this nega- enough. we can only have so much faith in our tive Reagan propaganda is to have the In December 2010, Congress passed an banks, lenders, and investors. We can Federal Government do positive things $858 billion bill extending the Bush-era only have limited faith in the private to restore the American people’s faith tax cuts, which is expected to create 3 sector because it has $2 trillion to $2.5 in government and in themselves. million jobs over the next 2 years. It trillion sitting on the sideline, money Among the many things that the ad- may, but it’s not enough. That’s $1.6 that it refuses to invest in jobs and in dition of the 13th, 14th and 15th trillion over 4 years that we’ve in- the American people. And if Congress Amendments to the Constitution did vested in create 5 million to 5.5 million passed and the States ratified a bal- during the First Reconstruction after jobs and will probably succeed, but it’s anced budget amendment, it would the American Civil War was to help to not enough. We need a plan that fits mean that the Federal Government restore people’s faith in the Federal the size of the problem. We need some- could never meet the American peo- Government’s capacity to solve a prob- thing more and something more effi- ple’s needs or correct gaps among our lem. cient and effective to put 15 million people that need to be corrected, and In taking over Herbert Hoover’s mess Americans back to work. we would lose faith in our government. of conservative economics—compla- Tax cuts are the worst and most inef- We need to have faith in the Federal cency, limited Federal action and inac- ficient way to create jobs. By congres- Government—which is supposed to be a tion—the first thing that Franklin sional standards, $900 billion is not a government of, by, and for the people— Delano Roosevelt’s New Deal did—by lot of money, especially when it’s used but we can only have such faith if it the closing of banks to stop the run on to jump-start the $15 trillion gross do- meets our people’s current needs. With- currency and gold; Social Security for mestic product that is the American out such faith and deliverance by our the aged; regulation of investment by economy. If we can afford $712 billion Federal Government, we cannot sur- the SEC; agricultural assistance to to fight a war abroad in Iraq, we can vive as a Nation. needy farmers; the Wagner Act that afford $900 billion to put Americans What is the greatest need of the benefited working men and women; the back to work right here at home. We American people today that a govern- Civilian Conservation Corps, the CCC; can move the money from those who ment of, for, and by the people should and the Works Progress Administra- can afford to give more to those who respond to? Jobs. The problem with tion, the WPA, that put people back to need it, and not hurt anyone. That’s this dysfunctional Congress is that it is work—was to restore faith in the Fed- how we keep the faith. not keeping the faith with the Amer- eral Government. We need to do what FDR did during ican people by providing them with Lyndon Johnson’s Great Society— the Great Depression—have the Fed- their greatest need—jobs. whose war on poverty worked and re- eral Government directly hire workers. Every Member of Congress takes the duced poverty, Medicare for the elder- ‘‘In times of economic crisis, govern- following oath: ‘‘I do solemnly swear or ly, Medicaid for the poor, Elementary ment has a crucial important role to

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00057 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7392 CONGRESSIONAL RECORD — HOUSE November 4, 2011 play. People matter and results count. $20,000, some $60,000, depending on the izing effect of Federal taxes was small- And we don’t need to go too far back in job, to invest in America. er in 2007 than in 1979, as the composi- our history to find examples,’’ said Mi- This project will rebuild our infra- tion of Federal revenues shifted away chael Hilzik, the Pulitzer prize-winning structure, put Americans back to from progressive income taxes to less- author and L.A. Times reporter who work, and create aggregate demand, progressive payroll taxes. explored this issue in his latest book, the greatest need of this economy. And ‘‘Also, Federal benefit payments are ‘‘The New Deal: A Modern History.’’ the aggregate demand will bring the $2 doing less to even out the distribution For those of my conservative col- trillion to $2.5 trillion in private of income as a growing share of bene- leagues in both parties who say the money sitting on the sidelines back fits, like Social Security, goes to the government can’t and doesn’t create into the game. The investment of pri- older Americans and regardless of their jobs, he writes: ‘‘The WPA produced vate money will create even more jobs, income. 1,000 miles of new and rebuilt airport and all of these workers will be paying ‘‘From 1979 to 2007, the average infla- runways, 651,000 miles of highway, taxes. tion-adjusted after-tax income grew by 124,000 bridges, 8,000 parks, 18,000 play- The number of Americans dependent 275 percent for the 1 percent of the pop- grounds and athletic fields, some 84,000 on the Federal Government for unem- ulation with the highest income. For miles of drainage pipes, 69,000 highway ployment compensation and food others in the top 20 percent of the pop- ulation, average real estate tax house- light standards, and 125,000 public stamps will be reduced, which will help lower the deficit and debt faster than hold income grew by 65 percent. buildings built, rebuilt or expanded. ‘‘By contrast, for the poorest fifth of any current proposal. Among the latter were 41,300 schools. the population, average real after-tax The American Society of Civil Engi- The transformative power of this effort household income rose only 18 percent. neers has proposed a similar 5-year, is inestimable.’’ And for the three-fifths of the people in $2.2 trillion plan to build and rebuild FDR, using the Federal Government, the middle of the income scale, the directly created jobs because it took America’s infrastructure for the fu- growth in such household income was jobs to do all of that. FDR invested in ture. just under 40 percent.’’ and built up an entire region with the In 2011, according to the National As- In other words, the ‘‘class warfare’’ Tennessee Valley Authority. The Pub- sociation of State Budget Officers, that Republicans have been reacting to lic Works Administration built the States have a combined debt of almost and complaining about is exactly the Grand Coulee Dam in the State of $200 billion. The Federal Government opposite of what they say it is. It Washington and put 8,000 men to work, should bail them out and give Demo- hasn’t been class warfare by the poor starting in 1933, using materials from cratic and Republican governors and and the middle class against the rich. 46 States. State legislatures a clean economic The middle class and the poor are not slate. b 1600 jealous of the rich, and they’re espe- Our cities and counties are in debt. cially not jealous of those who are part In southern California, the PWA Set aside another $100 billion to bail of the ‘‘greedy rich.’’ helped repair or replace 536 school out most, if not all of them, and give The middle class and the poor have buildings damaged or destroyed by the Democratic and Republican county not been attacking the real job cre- great Long Beach earthquake March presidents and commissioners, mayors, ators. Yes, they’re opposed to giving 10, 1933. and city councils a clean economic more tax breaks, as Republicans want In Florida, the PWA built the Over- slate: $700 million in Chicago; $48 mil- to do to the so-called job creators who seas Highway, 127 miles of causeways lion in the District of Columbia, for ex- already have $2 trillion to $2.5 trillion and bridges connecting the mainland ample. sitting idle on the sideline and who’ve and Key West, and transformed the is- So for a mere $900 billion, which is not used that money to create jobs. land into one of America’s premiere slightly more than each of the last two But make no mistake about it. There tourist attractions. stimulus packages, we can bail out all is class warfare going on. The non- In New York City, the PWA built the States, most, if not all of the counties partisan CBO just documented that it’s Triborough Bridge that connected and cities, and put 15 million Ameri- been class warfare by the rich against three of the City’s five boroughs, and it cans back to work. The only thing that the middle class and the poor. That’s funded the building of LaGuardia Air- we lack in this Congress is the political what’s really happening. port. will. We live, Madam Speaker, in a rep- Hoover Dam, once known as Boulder So I, again, say we need to restore resentative democracy. Democracy is a Dam, is located in the Black Canyon of people’s faith. Move the money. Jobs, government of, by, and for the people. Colorado River on the border between not cuts. Tax the rich. Stop the wars. A government of, by, and for the people Arizona and Nevada. It was con- And bring our troops home. will be responsive and meet the mate- structed between 1931 and 1936 during Robert Reich, in his latest book, rial needs of its people and its people’s the Great Depression, and in July 1934, ‘‘Aftershock,’’ argues that the central economy. it employed over 5,000 workers building challenge at the heart of America’s on- We don’t really have an economic the dam. going economic predicament is, and I problem, at least one that we can’t solve. Again, we have a political prob- And in my home city of Chicago, the quote, ‘‘not to rebalance the global lem with my conservative colleagues in Lake Shore Drive Bridge was started in economy so that Americans save more 1929, but the Great Depression pre- both parties in this Congress. and borrow less from the rest of the We have a problem of the American vented its completion until the WPA world, it is to rebalance the American people not demanding that their Fed- delivered funds in the mid-1930s. When economy so that its benefits are shared eral Government meet their need for completed in 1937, the bridge was 356 more widely within America.’’ In other jobs and the resulting economic aggre- feet long and 100 feet wide, making it words, America’s jobs and aggregate gate demand. the world’s longest and widest bascule demand problems cannot be solved The people of Occupy Wall Street, bridge, a movable or draw bridge, a with the current maldistribution of in- Occupy LaSalle Street, Occupy Oak- type of bridge that was developed and come and wealth which is at the heart land, and the other 99 percent move- perfected in Chicago and used for many of our economic problems. ments that are springing up and be- of its river crossings. What am I talking about? coming active around this country and So we already have an economic According to the most recent non- around the world are beginning to de- model. The CCC, the WPA, the PWA, partisan CBO report, and again, I quote mand that democratic governments ev- and FDR’s New Deal. If we just had, directly, ‘‘The top 1 percent of earners erywhere address the existing eco- Madam Speaker, the political will. The more than doubled their share of the nomic inequality and be responsive to first phase of an overall 6-year $2.2 tril- Nation’s income over the last three their need for meaningful jobs at lion proposal, we can take $600 billion, decades. In addition, government pol- meaningful wages. jump-start this economy by hiring 15 icy has become less redistributive since In 2010, the Tea Party movement be- million workers at an average annual the late 1970s, doing less to reduce the came politically active and moved Con- salary of $40,000. Some will make concentration of income. The equal- gress in a more conservative direction.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00058 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7393 If the ‘‘Occupy’’ movements are to So I say, Madam Speaker, in conclu- for years after fiscal year 2012 because ap- bring about real change, they must be- sion, let’s put America back to work. propriations for those years have not yet been come politically active in 2012 and be- Enough of the games. Invest in Amer- considered. yond. They need to move Congress in a ica. Rebuild America. Grow the Amer- The second table compares the current lev- more progressive direction, a direction ican economy, end the housing fore- els of budget authority and outlays for action that fits their needs. closure crisis and restore the American completed by each authorizing committee with Just like the ultra-conservative Tea Dream. Enable college students to go the ‘‘section 302(a)’’ allocations made under Party movement pressured moderate back to school. Retrain our workers. H. Con. Res. 34 for fiscal year 2012 and fiscal Republicans to stiffen their backs on Save our children. Save our family conservative things Republicans say farms. Rebuild our bridges, our ports, years 2012 through 2021. ‘‘Action’’ refers to they believe in, so too the Occupy our sewers, and our water systems. legislation enacted after the adoption of the movements must pressure Democrats Build high-speed rail, public transpor- budget resolution. This comparison is needed to stiffen their backs on the liberal tation, ports, levees, and new airports. to enforce section 302(f) of the Budget Act, things that Democrats say they believe Invest in alternative energy sources— which creates a point of order against meas- in. wind, solar, biomass, and geothermal. ures that would breach the section 302(a) allo- Madam Speaker, we already know We can do better. Register and vote cation of new budget authority for the com- that my conservative colleagues in for politicians who will better rep- mittee that reported the measure. It is also both parties believe in States’ rights resent the real economic interests of needed to implement section 311(b), which and deregulation, which will allow the the American people. We can act. We exempts committees that comply with their al- private economy and market forces to can change things. We can restore faith locations from the point of order under section wreak havoc on the economy and most in government and the private sector 311(a). Americans like it did in the first dec- for the American people. The third table compares the current levels ade of the 21st century. We must invest, build, and grow to of discretionary appropriations for fiscal year Madam Speaker, we already know accomplish full employment. 2012 with the ‘‘section 302(b)’’ suballocations conservatives in both parties believe in We must do better, Madam Speaker. of discretionary budget authority and outlays trickle down economics that never We must put the American people to among Appropriations subcommittees. The trickle down but always flood up. work. And most importantly, we must comparison is also needed to enforce section Madam Speaker, we already know honor our highest obligation as Mem- 302(f) of the Budget Act because the point of the consequences to the economy, bers of this institution, and that is to order under that section equally applies to workers, and society of laissez faire restore the American people’s faith in measures that would breach the applicable policies, bank crises that threaten and the capacity of their government to section 302(b) suballocation. bring about even great depressions, bring about change positively in their failed corporations, disastrous home lives. The fourth table gives the current level for foreclosure crises, high unemployment, I thank the Speaker, and I yield back fiscal year 2013 of accounts identified for ad- and corrupt politics. the balance of my time. vance appropriations under section 402 of H. Con. Res. 34. This list is needed to enforce Madam Speaker, we already know f what conservatives on both sides of the section 402 of the budget resolution, which aisle bring us. But will progressive LEAVE OF ABSENCE creates a point of order against appropriation Democrats advocate for bringing the By unanimous consent, leave of ab- bills that contain advance appropriations that American people anything better? sence was granted to: are: (i) not identified in the statement of man- b 1610 Mr. JONES (at the request of Mr. CAN- agers or (ii) would cause the aggregate TOR) for today after 11:30 a.m. on ac- amount of such appropriations to exceed the So I want to challenge myself and my count of personal reasons. level specified in the resolution. progressive Democratic colleagues to Mr. HEINRICH (at the request of Ms. do more. We say we care about the PELOSI) for today. REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE poor. Well, let’s give the poor some Mr. DAVIS of Illinois (at the request BUDGET—STATUS OF THE FISCAL YEAR 2012 CON- bootstraps so they can lift themselves of Ms. PELOSI) for today. GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 34 up. We say we care about the working f [Reflecting action completed as of October 4, 2011—(On-budget amounts, class. Well, let’s advocate for a solu- in millions of dollars)] tion that fits the size of the problem PUBLICATION OF BUDGETARY Fiscal year and create enough jobs to employ the MATERIAL 2012 1 2012–2021 American people who are unemployed STATUS REPORT ON CURRENT SPENDING LEVELS and put all Americans to work—not by OF ON-BUDGET SPENDING AND REVENUES FOR Appropriate Level: 2017, not by 2018, but by the end of the FY 2012 AND THE 5-YEAR PERIOD FY 2012 Budget Authority ...... 2,858,545 (1) Outlays ...... 2,947,916 (1) month. THROUGH FY 2021 Revenues ...... 1,891,411 30,296,017 Try missing a bill for 4 or 5 or 6 Mr. RYAN of Wisconsin. Mr. Speaker, to fa- Current Level: Budget Authority ...... 2,966,294 (1) years. Only Washington could conclude cilitate application of sections 302 and 311 of Outlays ...... 3,025,428 (1) that an unemployed or underemployed the Congressional Budget Act, I am transmit- Revenues ...... 1,890,917 30,279,647 Current Level over (+) / under person has until 2018 to worry about ting an updated status report on the current (¥)Appropriate Level: bringing down unemployment numbers. levels of on-budget spending and revenues for Budget Authority ...... +107,749 (1) We say we want more home owner- Outlays ...... +77,512 (1) fiscal year 2012 and for the 10-year period fis- Revenues ...... ¥494 ¥16,370 ship. Well, let’s propose meaningful so- cal year 2012 through fiscal year 2021. This 1 = Not applicable because annual appropriations Acts for fiscal years lutions to address the housing fore- status report is current through October 4, 2013 through 2021 will not be considered until future sessions of Congress. closure crisis. We say we’re for the 2012. middle class. Let’s advocate for poli- The term ‘current level’ refers to the Notes for 2012:The appropriate level for cies that will restore the middle class’s amounts of spending and revenues estimated FY2012 was established in H. Con. Res 34, previous standard of living. We say we for each fiscal year based on laws enacted or which was subsequently deemed to be in support students. Well, let’s help them awaiting the President’s signature. force in the House of Representatives pursu- reduce their college debts. We say we The first table in the report compares the ant to H. Res. 287. The current level for FY2012 starts with the baseline estimates support small businesses. Let’s advo- current levels of total budget authority, outlays. contained in An Analysis of the President’s cate for policies that will help small and revenues with the overall limits set in H. Budgetary Proposals for Fiscal Year 2012, businesses grow and enable them to Con. Res. 34, the concurrent resolution on the published by the Congressional Budget Of- hire more workers. budget for fiscal year 2012. This comparison fice, and makes adjustments to those levels We need to stand with family farmers is needed to implement section 311(a) of the for enacted legislation. like the Johnsons in my new congres- Budget Act, which creates a point of order sional district and against agribusiness against measures that would breach the budg- BUDGET AUTHORITY when they threaten to drive the John- et resolution’s aggregate levels. The table Budget authority for FY2012 are above the sons out of business. does not show budget authority and outlays appropriate levels set by H. Con. Res. 34.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00059 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7394 CONGRESSIONAL RECORD — HOUSE November 4, 2011

OUTLAYS REVENUE Revenue for the period FY2012 through Outlays for FY2012 are above the appro- Revenue for FY2012 is below the appro- FY2021 is below the appropriate levels set by priate levels set by H. Con. Res. 34. priate levels set by H. Con. Res. 34. H. Con. Res. 34. DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(A) ALLOCATIONS FOR RESOLUTION CHANGES REFLECTING ACTION COMPLETED AS OF OCTOBER 4, 2011 [Fiscal years, in millions of dollars]

2012 2012–2021 BA Outlays BA Outlays

House Committee Agriculture: Allocation ...... ¥2,315 ¥2,228 ¥177,866 ¥176,005 Current level ...... 0 0 0 0 Difference ...... +2,315 +2,228 +177,866 +176,005 Armed Services: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 Education and the Workforce: Allocation ...... ¥4,994 ¥2,522 ¥149,437 ¥133,808 Current level ...... +8,690 +3,492 ¥8,775 ¥4,630 Difference ...... +13,684 +6,014 +140,662 +129,178 Energy and Commerce: Allocation ...... ¥698 ¥1,207 ¥1,365,771 ¥1,366,350 Current level ...... 0 0 0 0 Difference ...... +698 +1,207 +1,365,771 +1,366,350 Financial Services: Allocation ...... ¥5,986 ¥6,485 ¥66,359 ¥67,488 Current level ...... 0 0 0 0 Difference ...... +5,986 +6,485 +66,359 +67,488 Foreign Affairs: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 Homeland Security: Allocation ...... ¥1,900 ¥1,900 ¥16,600 ¥14,100 Current level ...... 0 0 0 0 Difference ...... +1,900 +1,900 +16,600 +14,100 House Administration: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 Judiciary: Allocation ...... ¥387 ¥1 ¥48,087 ¥47,701 Current level ...... ¥3 ¥3 ¥13 ¥13 Difference ...... +384 ¥2 +48,074 +47,688 Natural Resources: Allocation ...... ¥239 ¥190 ¥10,735 ¥10,472 Current level ...... 0 0 0 0 Difference ...... +239 +190 +10,735 +10,472 Oversight and Government Reform: Allocation ...... ¥8,102 ¥8,275 ¥153,145 ¥153,302 Current level ...... 0 0 0 0 Difference ...... +8,102 +8,275 +153,145 +153,302 Science, Space and Technology: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 Small Business: Allocation ...... 0 0 0 0 Current level ...... 0 0 0 0 Difference ...... 0 0 0 0 Transportation and Infrastructure: Allocation ...... ¥17,250 ¥122 ¥132,784 ¥4,396 Current level ...... ¥185 0 ¥1,850 0 Difference ...... +17,065 +122 +130,934 +4,396 Veterans’ Affairs: Allocation ...... 0 0 0 0 Current level ...... ¥26 ¥26 ¥7 ¥7 Difference ...... ¥26 ¥26 ¥7 ¥7 Ways and Means: Allocation ...... ¥7,903 ¥7,766 ¥1,115,884 ¥1,116,113 Current level ...... 0 0 ¥19,891 ¥19,891 Difference ...... +7,903 +7,766 +1,095,993 +1,096,222

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2012—COMPARISON OF CURRENT STATUS WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUBALLOCATIONS

302(b) suballocations as of Oct. 4, Current level reflecting action Current level minus suballoca- 2011 (H. Rept. 112–104) completed as of Oct. 4, 2011 tions BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... 17,250 21,452 17,253 21,489 3 37 Commerce, Justice, Science ...... 50,237 62,446 50,229 62,240 ¥8 ¥206 Defense ...... 648,709 654,698 648,694 654,685 ¥15 ¥13 Energy and Water Development ...... 30,639 44,577 30,624 44,522 ¥15 ¥55 Financial Services and General Government ...... 19,895 23,523 19,895 23,523 0 0 Homeland Security ...... 40,850 45,122 40,850 45,122 0 0 Interior, Environment ...... 27,473 30,766 27,465 30,439 ¥8 ¥327 Labor, Health and Human Services, Education ...... 139,218 154,253 24,658 124,205 ¥114,560 ¥30,048 Legislative Branch ...... 4,314 4,397 3,320 3,565 ¥994 ¥832 Military Construction and Veterans Affairs ...... 72,535 78,492 72,535 78,483 0 ¥9 State, Foreign Operations ...... 39,569 46,060 0 28,254 ¥39,569 ¥17,806 Transportation, HUD ...... 47,655 118,272 4,400 80,060 ¥43,255 ¥38,212 Subtotal (Section 302(b) Allocations) ...... 1,138,344 1,284,058 939,923 1,196,587 ¥198,421 ¥87,471

Total (Section 302(a) Allocation) ...... 1,138,344 1,284,058 939,923 1,196,587 ¥198,421 87,471 Memorandum:. Emergencies 1 ...... — — — — — — Global War on Terrorism 2 ...... 126,544 64,100 118,927 59,939 ¥7,617 ¥4,161 1Pursuant to H. Con. Res. 34, emergencies are not reflected in 302(b) allocations or current level above. 2 Section 301 of H. Con. Res. 34, allows the allocation to the House Committee on Appropriations to be adjusted by amounts designated for the Global War on Terrorism [GWOT]. The 302(b) allocations and current status above reflect any adjustments made to date for this purpose. Outlays displayed on the GWOT row, represent only new outlays resulting from new GWOT-related budget authority.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00060 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7395 2013 ADVANCE APPROPRIATIONS [Budget authority in millions of dollars]— 1 Line items may not add to PURSUANT to H.CON. RES 34 Continued total due to rounding. 2 Funds were appropriated in [Budget authority in millions of dollars] Accounts Identified for Advances: Public Law 111–117. Employment and Training Ad- n.a. U.S. CONGRESS, Section 402 (c) (1) Limits ...... 2,013 ministration CONGRESSIONAL BUDGET OFFICE, Washington, DC, November 2, 2011. Office of Job Corps n.a. Hon. PAUL RYAN, Appropriate Level ...... 52,541 Education for the Disadvan- n.a. Chairman, Committee on the Budget, House of taged Accounts Identified for Advances: Representatives Washington, DC. School Improvement Programs n.a. DEAR MR. CHAIRMAN: The enclosed report Department of Veterans Affairs Special Education n.a. shows the effects of Congressional action on Medical Services ...... n.a. Career, Technical and Adult n.a. the fiscal year 2012 budget and is current Medical Support and Compli- Education through October 4, 2011. This report is sub- ance ...... n.a. mitted under section 308(b) and in aid of sec- Payment to Postal Service n.a. tion 311 of the Congressional Budget Act, as Medical Facilities ...... n.a. Tenant-based Rental Assistance n.a. amended. Subtotal, enacted advances 1 0 Project-based Rental Assist- n.a. The estimates of budget authority, out- ance lays, and revenues are consistent with the Section 402 (c) (2) Limits ...... 2013 Subtotal, enacted advances 1 0 technical and economic assumptions of H. Previously enacted advance ap- 2,013 Con. Res. 34, the Concurrent Resolution on the Budget for Fiscal Year 2012, as approved Appropriate Level ...... 28,852 propriation2 by the House of Representatives. This is CBO’s first current level report for Corporation for Public Broad- 445 fiscal year 2012. casting Sincerely, Total, enacted advances 1 ...... 445 DOUGLAS W. ELMENDORF. FISCAL YEAR 2012 HOUSE CURRENT LEVEL REPORT THROUGH OCTOBER 4, 2011 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted: Revenues ...... n.a. n.a. 1,891,411 Permanents and other spending legislation ...... 1,842,372 1,771,503 n.a. Appropriation legislation ...... 0 581,418 n.a. Offsetting receipts ...... ¥708,099 ¥708,099 n.a. Total, Previously enacted ...... 1,134,273 1,644,822 1,891,411

Enacted this session: Comprehensive 1099 Taxpayer Protection & Repayment of Exchange Subsidy Overpayments Act of 2011 (P.L. 112–9) ...... 0 0 ¥490 Airport and Airway Extension Act of 2011, Part II (P.L. 112–16) ...... ¥185 0 0 Budget Control Act of 2011 (P.L. 112–25) ...... 8,690 3,492 0 Restoring GI Bill Fairness Act of 2011 (P.L. 112–26) ...... ¥26 ¥26 0 America Invents Act (P.L. 112–29) ...... ¥3 ¥3 ¥4 Total, Enacted this session ...... 8,476 3,463 ¥494 Continuing Appropriations Act, 2012 (P.L. 112–36) 1 ...... 1,079,432 649,172 0

Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 744,113 727,971 0 Total Current Level 2 ...... 2,966,294 3,025,428 1,890,917 Total Budget Resolution ...... 2,858,545 2,947,916 1,891,411 Current Level Over Budget Resolution ...... 107,749 77,512 n.a. Current Level Under Budget Resolution ...... n.a. n.a. 494 Memorandum: Revenues, 2012–2021: House Current Level ...... n.a. n.a. 30,279,647 House Budget Resolution ...... n.a. n.a. 30,296,017 Current Level Over Budget Resolution ...... n.a. n.a. n.a. Current Level Under Budget Resolution ...... n.a. n.a. 16,370 Source: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law. 1 P.L. 112–36 provides funding for fiscal year 2012 through November 18, 2011. 2 For purposes of enforcing section 311 of the Congressional Budget Act in the House, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level excludes these items.

ENROLLED BILL SIGNED ‘‘John Pangelinan Gerber Post Office Build- ADJOURNMENT ing’’. Karen L. Haas, Clerk of the House, H.R. 1975. To designate the facility of the Mr. JACKSON of Illinois. Madam reported and found truly enrolled a bill United States Postal Service located at 281 Speaker, I move that the House do now of the House of the following title, East Colorado Boulevard in Pasadena, Cali- adjourn. which was thereupon signed by the fornia, as the ‘‘First Lieutenant Oliver The motion was agreed to; accord- Speaker: Goodall Post Office Building’’. ingly (at 4 o’clock and 13 minutes H.R. 2062. To designate the facility of the H.R. 818. An act to direct the Secretary of p.m.), under its previous order, the United States Postal Service located at 45 the Interior to allow low for prepayment of Meetinghouse Lane in Sagamore Beach, Mas- House adjourned until Monday, Novem- repayment contracts between the United sachusetts, as the ‘‘Matthew A. Pucino Post ber 7, 2011, at 10 a.m. States and the Uintah Water Conservancy Office’’. f District. H.R. 2149. To designate the facility of the f United States Postal Service located at 4354 EXECUTIVE COMMUNICATIONS, ETC. BILLS PRESENTED TO THE Pahoa Avenue in Honolulu, Hawaii, as the ‘‘Cecil L. Heftel Post Office Building’’. PRESIDENT Under clause 2 of rule XIV, executive H.R. 489. To clarify the jurisdiction of the communications were taken from the Secretary of the Interior with respect to the Karen L. Haas, Clerk of the House re- Speaker’s table and referred as follows: ports that on October 31, 2011 she pre- C.C. Cragin Dam and Reservoir, and for other 3746. A letter from the Director, Regula- sented to the President of the United purposes. H.R. 765. To amend the National Forest Ski tions Policy and Management Staff, States, for his approval, the following Area Permit Act of 1986 to clarify the au- Deaprtment of Health and Human Services, bills. thority of the Secretary of Agriculture re- transmitting the Department’s final rule — H.R. 1843. To designate the facility of the garding additional recreational uses of Na- Listing of Color Additives Exempt From Cer- United States Postal Service located at 489 tional Forest System land that is subject to tification; Reactive Blue 69; Confirmation of Army Drive in Barrigada, Guam, as the ski area permits, and for other purposes. Effective Date [Docket No.: FDA-2009-C-0543)

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00061 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7396 CONGRESSIONAL RECORD — HOUSE November 4, 2011 received October 11, 2011, pursuant to 5 ture Procedures; Miscellaneous Amendments Directorate Identifier 2010-NM-164-AD; U.S.C. 801(a)(1)(A); to the Committee on En- [Docket No.: 30804 Amdt. No. 3445] received Amendment 39-16719; AD 2011-12-12] (RIN: ergy and Commerce. October 12, 2011, pursuant to 5 U.S.C. 2120-AA64) received October 12, 2011, pursuant 3747. A letter from the Under Secretary, 801(a)(1)(A); to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Defense, transmitting Pursu- tation and Infrastructure. Transportation and Infrastructure. ant to Section 27(f) of the Arms Export Con- 3756. A letter from the Senior Program An- 3764. A letter from the Program Analyst, trol Act and Section 1(f) of Executive Order alyst, Department of Transportation, trans- Department of Transportation, transmitting 11958, Transmittal No. 13-11 informing of an mitting the Department’s final rule — Re- the Department’s final rule — Airworthiness intent to sign the Project Agreement with strictions on Operations Employing Former Directives; The Boeing Company Model 767 the Ministry of Defense of the United King- Flight Standards Service Aviation Safety In- Airplanes [Docket No.: FAA-2010-0957; Direc- dom of Great Britain and Northern Ireland; spectors; Correction [Docket No.: FAA-2008- torate Identifier 2010-NM-062-AD; Amend- to the Committee on Foreign Affairs. 1154; Amendment Nos. 91-325, 119-15, 125-61, ment 39-16718; AD 2011-12-11] (RIN: 2120-AA64) 3748. A letter from the Assistant Legal Ad- 133-14, 137-16, 141-16, 142-8, 145-29, and 147-7] received October 12, 2011, pursuant to 5 visor for Treaty Affairs, Department of (RIN: 2120-AJ36) received October 12, 2011, U.S.C. 801(a)(1)(A); to the Committee on State, transmitting report prepared by the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. Department of State concerning inter- mittee on Transportation and Infrastruc- 3765. A letter from the Chief, Publications national agreements other than treaties en- ture. and Regulations, Internal Revenue Service, tered into by the United States to be trans- 3757. A letter from the Senior Program An- transmitting the Service’s final rule — Kel- mitted to the Congress within the sixty-day alyst, Department of Transportation, trans- ler v. Commissioner, T.C. Memo 2006-131 period specified in the Case-Zablocki Act; to mitting the Department’s final rule — [AOD-2011-44] received October 12, 2011, pur- the Committee on Foreign Affairs. WYTWORNIA SPREZETU suant to 5 U.S.C. 801(a)(1)(A); to the Com- 3749. A letter from the Chief, Listing KOMUNIKACYJNEGO (WSK) ‘‘PZL- mittee on Ways and Means. Branch, Department of the Interior, trans- RZESZOW’’ — SPOLKA AKCYJNA (SA) mitting the Department’s final rule — En- PZL-10W Turboshaft Engines [Docket No.: f dangered and Threatened Wildlife and FAA-2011-0760; Directorate Identifier 2011- REPORTS OF COMMITTEES ON Plants; Revised Critical Habitat for the Mar- NE-10-AD; Amendment 39-16789; AD 2011-18- PUBLIC BILLS AND RESOLUTIONS bled Murrelet [FWS-R1-ES-2008-0079] (RIN: 07] (RIN: 2120-AA64) received October 12, 2011, 1018-AW84) received October 11, 2011, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Under clause 2 of rule XIII, reports of ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Transportation and Infrastruc- committees were delivered to the Clerk on Natural Resources. ture. for printing and reference to the proper 3750. A letter from the Branch of Recovery 3758. A letter from the Senior Program An- calendar, as follows: and Delisting, Department of the Interior, alyst, Department of Transportation, trans- Mr. KING of New York: Committee on transmitting the Department’s final rule — mitting the Department’s final rule — Air- Homeland Security. H.R. 915. A bill to estab- Endangered and Threatened Wildlife and worthiness Directives; Lycoming Engines lish a Border Enforcement Security Task Plants; Reinstatement of Listing Protec- Model IO-720-A1B Reciprocating Engines Force program to enhance border security by tions for the Virgina Northern Flying Squir- [Docket No.: FAA-2011-0604; Directorate fostering coordinated efforts among Federal, rel in Compliance with a Court Order [Dock- Identifier 2011-NE-21-AD; Amendment 39- State, and local border and law enforcement et No.: FWS-R5-ES-2011-0035] (RIN: 1018- 16791; AD 2011-18-09] (RIN: 2120-AA64) received officials to protect United States border cit- AX80) received October 11, 2011, pursuant to October 12, 2011, pursuant to 5 U.S.C. ies and communities from trans-national 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- crime, including violence associated with Natural Resources. tation and Infrastructure. 3751. A letter from the Acting director, Of- 3759. A letter from the Program Analyst, drug trafficking, arms smuggling, illegal fice of Sustainable Fisheries, NMFS, Na- Department of Transportation, transmitting alien trafficking and smuggling, violence, tional Oceanic and Atmospheric Administra- the Department’s final rule — Airworthiness and kidnapping along and across the inter- tion, transmitting the Administration’s final Directives; Airbus Model A318, A319, A320, national borders of the United States, and rule — Fisheries Off West Coast States; and A321 Series Airplanes [Docket No.: FAA- for other purposes; with an amendment Coastal Pelagic Species Fisheries; Closure 2011-0917; Directorate Identifier 2011-NM-157- (Rept. 112–268). Referred to the Committee of [Docket No.: 0912281446-0111-02] (RIN: 0648- AD; Amendment 39-16806; AD 2011-19-01] (RIN: the Whole House on the State of the Union. XA709) received October 12, 2011, pursuant to 2120-AA64) received October 12, 2011, pursuant Mr. KING of New York: Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on Homeland Security. H.R. 1447. A bill to Natural Resources. Transportation and Infrastructure. amend title 49, United States Code, to direct 3752. A letter from the Acting Director, Of- 3760. A letter from the Program Analyst, the Assistant Secretary of Homeland Secu- fice of Sustainable Fisheries, NMFS, Na- Department of Transportation, transmitting rity (Transportation Security Administra- tional Oceanic and Atmospheric Administra- the Department’s final rule — Airworthiness tion) to establish an Aviation Security Advi- tion, transmitting the Administration’s final Directives; Empresa Brasileira de sory Committee, and for other purposes rule — Atlantic Surfclam and Ocean Quahog Aeronautica S.A. (EMBRAER) Model ERJ (Rept. 112–269). Referred to the Committee of Fisheries; 2012 Fishing Quotas for Atlantic 170 and ERJ 190 Airplanes [Docket No.: FAA- the Whole House on the State of the Union. Surfclams and Ocean Quahogs; and Suspen- 2010-1310; Directorate Identifier 2010-NM-067- Mr. KING of New York: Committee on sion of Minimum Atlantic Surfclam Size AD; Amendment 39-16786; AD 2011-18-04] (RIN: Homeland Security. H.R. 1165. A bill to Limit [Docket No.: 101013504-0610-02] (RIN: 2120-AA64) received October 12, 2011, pursuant amend title 49, United States Code, to estab- 0648-XA529) received October 12, 2011, pursu- to 5 U.S.C. 801(a)(1)(A); to the Committee on lish an Ombudsman Office within the Trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Transportation and Infrastructure. portation Security Administration for the on Natural Resources. 3761. A letter from the Program Analyst, purpose of enhancing transportation security 3753. A letter from the Acting Deputy Di- Department of Transportation, transmitting by providing confidential, informal, and neu- rector, National Oceanic and Atmospheric the Department’s final rule — Airworthiness tral assistance to address work-place related Administration, transmitting the Adminis- Directives; Bombardier, Inc. Model DHC-8- problems of Transportation Security Admin- tration’s final rule — Fisheries of the Exclu- 400 Series Airplanes [Docket No.: FAA-2011- istration employees, and for other purposes; sive Economic Zone Off Alaska; Shallow- 0471; Directorate Identifier 2010-NM-219-AD; with an amendment (Rept. 112–270). Referred Water Species by Vessels Using Trawl Gear Amendment 39-16800; AD 2011-18-18] (RIN: to the Committee of the Whole House on the in the Gulf of Alaska [Docket No.: 101126522- 2120-AA64) received October 12, 2011, pursuant State of the Union. 0640-02] (RIN: 0648-XA704) received October to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. KING of New York: Committee on 12, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Transportation and Infrastructure. Homeland Security. H.R. 1801. A bill to the Committee on Natural Resources. 3762. A letter from the Program Analyst, amend title 49, United States Code, to pro- 3754. A letter from the Senior Program An- Department of Transportation, transmitting vide for expedited security screenings for alyst, Department of Transportation, trans- the Department’s final rule — Airworthiness members of the Armed Forces; with an mitting the Department’s final rule — Directives; Empresa Brasileira de amendment (Rept. 112–271). Referred to the Standard Instrument Approach Procedures, Aeronautica S.A. (EMBRAER) Model ERJ Committee of the Whole House on the State and Takeoff Minimums and Obstacle Depar- 190 Airplanes [Docket No.: FAA-2011-0216; Di- of the Union. ture Procedures; Miscellaneous Amendments rectorate Identifier 2010-NM-197-AD; Amend- Mr. KING of New York: Committee on [Docket No.: 30803 Amdt. No. 3444] received ment 39-16796; AD 2011-18-14] (RIN: 2120-AA64) Homeland Security. House Resolution 255. A October 12, 2011, pursuant to 5 U.S.C. received October 12, 2011, pursuant to 5 resolution expressing the sense of the House 801(a)(1)(A); to the Committee on Transpor- U.S.C. 801(a)(1)(A); to the Committee on of Representatives that effective sharing of tation and Infrastructure. Transportation and Infrastructure. passenger information from inbound inter- 3755. A letter from the Senior Program An- 3763. A letter from the Program Analyst, national flight manifests is a crucial compo- alyst, Department of Transportation, trans- Department of Transportation, transmitting nent of our national security and that the mitting the Department’s final rule — the Department’s final rule — Airworthiness Department of Homeland Security must Standard Instrument Approach Procedures, Directives; The Boeing Company Model MD- maintain the information sharing standards and Takeoff Minimums and Obstacle Depar- 90-30 Airplanes [Docket No.: FAA-2011-0218; required under the 2007 Passenger Name

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00062 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7397 Record Agreement between the United and for other purposes; to the Committee on H.R. 3381. A bill to amend the Public States and the European Union (Rept. 112– Transportation and Infrastructure, and in Health Service Act to revise and extend the 272). Referred to the House Calendar. addition to the Committee on Energy and program for viral hepatitis surveillance, edu- Commerce, for a period to be subsequently cation, and testing in order to prevent f determined by the Speaker, in each case for deaths from liver cancer, and for other pur- PUBLIC BILLS AND RESOLUTIONS consideration of such provisions as fall with- poses; to the Committee on Energy and Com- in the jurisdiction of the committee con- merce. Under clause 2 of rule XII, public cerned. By Mrs. DAVIS of California (for her- bills and resolutions of the following By Mr. WALSH of Illinois: self, Mr. MEEKS, Ms. DEGETTE, Mr. titles were introduced and severally re- H.R. 3372. A bill to amend the Agricultural HOLT, and Mr. FALEOMAVAEGA): ferred, as follows: Adjustment Act to deregulate the Federal H.R. 3382. A bill to prohibit smoking in and milk marketing order program, to publish around Federal buildings; to the Committee By Mr. TERRY (for himself, Ms. competitive milk price survey data, and for on Transportation and Infrastructure. DEGETTE, Mr. WHITFIELD, Mr. other purposes; to the Committee on Agri- By Mr. GONZALEZ (for himself, Ms. BILBRAY, and Mr. POSEY): culture. NORTON, and Mr. RANGEL): H.R. 3364. A bill to amend title XIX of the By Mr. HONDA (for himself, Ms. H.R. 3383. A bill to require railroad carriers Social Security Act to cover physician serv- BORDALLO, Mr. BUTTERFIELD, Mr. to prepare and maintain a plan for notifying ices delivered by podiatric physicians to en- CARNAHAN, Mr. CICILLINE, Mr. CLEAV- local emergency responders before trans- sure access by Medicaid beneficiaries to ap- ER, Mr. CONYERS, Mr. GRIJALVA, Mr. porting hazardous materials through their propriate quality foot and ankle care; to the HINCHEY, Mr. MCDERMOTT, Ms. MAT- jurisdictions; to the Committee on Transpor- Committee on Energy and Commerce. SUI, Mr. MEEKS, Mrs. NAPOLITANO, tation and Infrastructure. By Mrs. LUMMIS (for herself, Mr. Mr. POLIS, Mr. PRICE of North Caro- By Mr. HEINRICH (for himself and Mr. HEINRICH, Mr. BISHOP of Utah, Mr. lina, Ms. RICHARDSON, Mr. ROTHMAN LUJA´ N): GOSAR, Mr. PEARCE, Mr. SIMPSON, and of New Jersey, Mr. RYAN of Ohio, Ms. H.R. 3384. A bill to amend the Internal Rev- ´ Mr. LUJAN): SCHAKOWSKY, and Mr. SIRES): enue Code of 1986 to provide a tax credit for H.R. 3365. A bill to reauthorize the Federal H.R. 3373. A bill to stimulate collaboration the employment of wounded warriors; to the Land Transaction Facilitation Act, and for with respect to, and provide for coordination Committee on Ways and Means. other purposes; to the Committee on Natural and coherence of, the Nation’s science, tech- By Mr. HOLDEN (for himself and Mr. Resources. nology, engineering, and mathematics edu- PLATTS): By Mr. SAM JOHNSON of Texas (for cation initiatives, and for other purposes; to H.R. 3385. A bill to amend title 10, United himself and Mr. NEAL): the Committee on Education and the Work- States Code, to establish a combat badge for H.R. 3366. A bill to amend the Internal Rev- force. helicopter medical evacuation ambulance enue Code of 1986 to clarify that bonus depre- By Mr. REICHERT (for himself and Mr. (Medevac) pilots and crews; to the Com- ciation is not a cost allocated to a contract LEVIN): mittee on Armed Services. under the percentage of completion method H.R. 3374. A bill to amend the Internal Rev- By Mr. HOLT (for himself and Mrs. for long-term contracts; to the Committee enue Code of 1986 to extend and modify the CAPPS): on Ways and Means. credit for new qualified hybrid motor vehi- H.R. 3386. A bill to encourage the use of By Mr. TOWNS: cles; to the Committee on Ways and Means. medical checklists through research, and for H.R. 3367. A bill to provide public safety of- By Mr. KING of Iowa: other purposes; to the Committee on Energy ficer disability benefits to officers disabled H.R. 3375. A bill to direct the President to and Commerce. before the enactment of the Federal public impose duties on merchandise from the Peo- By Mr. KING of New York (for himself, safety officer disability benefits law; to the ple’s Republic of China in an amount equiva- Ms. HAHN, Mr. ACKERMAN, Mr. BISHOP Committee on the Judiciary. lent to the estimated annual loss of revenue of New York, Mr. FILNER, Mr. GRIMM, By Mr. MCGOVERN (for himself, Mr. to holders of United States intellectual prop- Mr. HOLT, Mr. LATOURETTE, and Mr. LEWIS of Georgia, Mr. JACKSON of Illi- erty rights as a result of violations of such RUPPERSBERGER): nois, Mr. HOLT, Mr. FRANK of Massa- intellectual property rights in China, and for H.R. 3387. A bill to amend the Federal Law chusetts, Ms. WOOLSEY, Mr. PRICE of other purposes; to the Committee on Ways Enforcement Pay Reform Act of 1990 to ad- North Carolina, Ms. CLARKE of New and Means. just the percentage differentials payable to York, Mr. CAPUANO, Ms. LEE of Cali- By Mr. SCHILLING: Federal law enforcement officers in certain fornia, Mr. MCDERMOTT, Mr. H.R. 3376. A bill to curb wasteful spending high-cost areas, and for other purposes; to CARNAHAN, Ms. MOORE, Mr. GRIJALVA, by making 50 percent of year-end savings in the Committee on Oversight and Govern- Ms. SCHAKOWSKY, Mr. HONDA, Mr. salaries and expenses available for an addi- ment Reform. MARKEY, Mr. WELCH, Mr. SERRANO, tional fiscal year, and to use the remaining By Mr. LANGEVIN (for himself and 50 percent for the purpose of deficit reduc- Mr. FARR, Mr. POLIS, and Mr. NAD- Mr. COURTNEY): tion; to the Committee on Oversight and H.R. 3388. A bill to amend the Wild and LER): H.R. 3368. A bill to suspend the authority Government Reform. Scenic Rivers Act to designate a segment of for the Western Hemisphere Institute for Se- By Mr. AMODEI (for himself, Ms. the Beaver, Chipuxet, Queen, Wood, and curity Cooperation (the successor institution BERKLEY, and Mr. HECK): Pawcatuck Rivers in the States of Con- H.R. 3377. A bill to designate the Pine For- necticut and Rhode Island for study for po- to the United States Army School of the est Range Wilderness area in Humboldt tential addition to the National Wild and Americas) in the Department of Defense, and County, Nevada; to the Committee on Nat- Scenic Rivers System, and for other pur- for other purposes; to the Committee on ural Resources. poses; to the Committee on Natural Re- Armed Services. By Mr. BENISHEK (for himself, Mr. sources. By Mrs. CAPITO: HUIZENGA of Michigan, Mr. CAMP, Mr. By Mr. MARKEY: H.R. 3369. A bill to direct the Secretary of KILDEE, Mr. UPTON, Mr. WALBERG, H.R. 3389. A bill to provide for the estab- Veterans Affairs to carry out a pilot pro- Mr. ROGERS of Michigan, Mr. CLARKE lishment of Clean Energy Consortia to en- gram on the provision of traumatic brain in- of Michigan, and Mr. MCCOTTER): hance the Nation’s economic, environ- jury care in rural areas; to the Committee on H.R. 3378. A bill to designate the facility of mental, and energy security by promoting Veterans’ Affairs. the United States Postal Service located at commercial application of clean energy tech- By Mr. CRAWFORD: 220 Elm Avenue in Munising, Michigan, as nology; to the Committee on Science, Space, H.R. 3370. A bill to provide that the United the ‘‘Elizabeth L. Kinnunen Post Office and Technology. States Postal Service may not close any post Building’’; to the Committee on Oversight By Mr. PEARCE (for himself, Mr. office that does not have another post office and Government Reform. HEINRICH, and Mr. LUJA´ N): within 8 miles as measured by public roads By Mr. BERG (for himself and Mr. H.R. 3390. A bill to direct the Secretary of with regular year-round access, and for other LANKFORD): Veterans Affairs to submit to Congress a re- purposes; to the Committee on Oversight and H.R. 3379. A bill to amend the Clean Air port on the feasibility and advisability of es- Government Reform. Act to provide States increased flexibility in tablishing a polytrauma rehabilitation cen- By Mr. CARNAHAN (for himself, Mr. implementing standards through State im- ter or polytrauma network site of the De- WESTMORELAND, Mr. WELCH, Mr. plementation plans; to the Committee on partment of Veterans Affairs in Fort Bayard, QUIGLEY, Ms. HIRONO, Mr. Energy and Commerce. New Mexico, and for other purposes; to the PERLMUTTER, Ms. MCCOLLUM, Ms. ED- By Mr. BURTON of Indiana: Committee on Veterans’ Affairs. WARDS, Mr. POLIS, Mr. GARAMENDI, H.R. 3380. A bill to amend the Federal By Ms. PINGREE of Maine (for herself, Ms. DELAURO, Mr. RYAN of Ohio, Mr. Food, Drug, and Cosmetic Act concerning Mr. LEVIN, Mr. KUCINICH, Mr. JACK- HONDA, Mr. GRIJALVA, Ms. safe dietary ingredients in dietary supple- SON of Illinois, Ms. SCHAKOWSKY, and SCHAKOWSKY, and Ms. TSONGAS): ments; to the Committee on Energy and Mr. WELCH): H.R. 3371. A bill to produce high-perform- Commerce. H.R. 3391. A bill to provide for the estab- ance Federal buildings through an improved By Mr. CASSIDY (for himself, Mr. lishment of a national mercury monitoring approach to building utilization, design, con- HONDA, Mr. JOHNSON of Georgia, Mr. program; to the Committee on Energy and struction, and operations and maintenance, DENT, and Mr. BILBRAY): Commerce.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00063 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7398 CONGRESSIONAL RECORD — HOUSE November 4, 2011 By Mr. QUAYLE (for himself, Mr. H. Res. 459. A resolution encouraging any Congress has the power to enact this legis- COBLE, Mr. ROSS of Florida, Mr. new government convened in Egypt to fully lation pursuant to the enumerated powers GOWDY, and Mr. GRIFFIN of Arkan- allow for the freedom of religion; to the listed in Article I, Section 8, which include sas): Committee on Foreign Affairs. the power to ‘‘establish Post Offices and post H.R. 3392. A bill to amend title 5, United By Ms. WASSERMAN SCHULTZ (for Roads. . . .’’ States Code, to provide for periodic review of herself and Ms. GRANGER): Furthermore, major rules, and for other purposes; to the H. Res. 460. A resolution expressing support Congress has the power to enact this legis- Committee on the Judiciary. for designation of 2012 as the ‘‘Year of the lation pursuant to the enumerated powers By Mr. RIVERA (for himself, Mr. Girl’’ and celebrating the 100th anniversary listed in Article I, Section 8, which include SIRES, Ms. ROS-LEHTINEN, and Mr. of Girl Scouts of the USA; to the Committee the power to ‘‘make all laws which shall be DIAZ-BALART): on Oversight and Government Reform. necessary for carrying into Execution the H.R. 3393. A bill to amend the Oil Pollution foregoing Powers . . .’’ f Act of 1990 and the Federal Water Pollution By Mr. CARNAHAN: Control Act to impose penalties and provide CONSTITUTIONAL AUTHORITY H.R. 3371. for the recovery of removal costs and dam- STATEMENT Congress has the power to enact this legis- ages in connection with certain discharges of lation pursuant to the following: oil from foreign offshore units, and for other Pursuant to clause 7 of rule XII of Article I, Section 1. ‘‘All legislative Powers purposes; to the Committee on Transpor- the Rules of the House of Representa- herein granted shall be vested in a Congress tation and Infrastructure. tives, the following statements are sub- of the United States, which shall consist of a By Ms. LINDA T. SA´ NCHEZ of Cali- mitted regarding the specific powers Senate and a House of Representatives.’’ fornia (for herself, Mr. RANGEL, Mr. granted to Congress in the Constitu- By Mr. WALSH of Illinois: BACA, Ms. KAPTUR, Mr. MORAN, Mr. tion to enact the accompanying bill or H.R. 3372. TONKO, Mr. HONDA, and Ms. HIRONO): Congress has the power to enact this legis- H.R. 3394. A bill to amend the Internal Rev- joint resolution. lation pursuant to the following: enue Code of 1986 to modify the energy credit By Mr. TERRY: Article 1 Section 8 of the United States for microturbine property; to the Committee H.R. 3364. Constitution: ‘‘The Congress shall have on Ways and Means. Congress has the power to enact this legis- power to lay and collect taxes, duties, im- By Mr. SHIMKUS (for himself and Ms. lation pursuant to the following: posts and excises, to pay the debts and pro- BALDWIN): Commerce Clause: Article 1, Section 8, vide for the common defense and general H.R. 3395. A bill to enable concrete ma- Clause 3 welfarfe of the United States’’ sonry products manufacturers and importers By Mrs. LUMMIS: By Mr. HONDA: to establish, finance, and carry out a coordi- H.R. 3365. H.R. 3373. Congress has the power to enact nated program of research, education, and Congress has the power to enact this legis- this legislation pursuant to the following: promotion to improve, maintain, and de- lation pursuant to the following: Section 8 of article I of the Constitution. velop markets for concrete masonry prod- Article IV, Section 3. The Congress shall By Mr. REICHERT: ucts; to the Committee on Energy and Com- have power to dispose of and make all need- H.R. 3374. merce, and in addition to the Committee on ful rules and regulations respecting the ter- Congress has the power to enact this legis- Ways and Means, for a period to be subse- ritory or other property belonging to the lation pursuant to the following: quently determined by the Speaker, in each United States; and nothing in this Constitu- ‘‘The constitutional authority of Congress case for consideration of such provisions as tion shall be so construed as to prejudice any to enact this legislation is provided by Arti- fall within the jurisdiction of the committee claims of the United States, or of any par- cle 1, section 8 of the United States Constitu- concerned. ticular state. tion, specifically clause 1 (relating to pro- By Mr. WALSH of Illinois: By Mr. SAM JOHNSON of Texas: viding for the general welfare of the United H.R. 3396. A bill to abolish the Office of H.R. 3366. States) and clause 18 (relating to the power Polar Programs of the National Science Congress has the power to enact this legis- to make all laws necessary and proper for Foundation, and for other purposes; to the lation pursuant to the following: carrying out the powers vested in Congress), Committee on Science, Space, and Tech- Article I, Section 8, Clause 1 and Article IV, section 3, clause 2 (relating nology, and in addition to the Committee on By Mr. TOWNS: to the power of Congress to dispose of and Appropriations, for a period to be subse- H.R. 3367. make all needful rules and regulations re- quently determined by the Speaker, in each Congress has the power to enact this legis- specting the territory or other property be- case for consideration of such provisions as lation pursuant to the following: longing to the United States).’’ fall within the jurisdiction of the committee By Mr. KING of Iowa: concerned. This Bill is enacted pursuant to Article I, Section 8, Clause 1 of the United States Con- H.R. 3375. By Mr. MCCLINTOCK (for himself, Mr. stitution, known as the ‘‘General Welfare Congress has the power to enact this legis- LANKFORD, Mr. WALSH of Illinois, Mr. Clause.’’ This provision grants Congress the lation pursuant to the following: KINGSTON, Mr. KING of Iowa, Mr. Congress’s Power to regulate Commerce broad power ‘‘to pay the Debts and provide GRAVES of Georgia, Mr. STUTZMAN, with foreign Nations under Article I, Section for the common defense and general welfare Mr. WILSON of South Carolina, Mr. 8, Clause 3 of the Constitution. of the United States.’’ 1 FLORES, Mr. DUNCAN of South Caro- By Mr. SCHILLING: 1 Please note, pursuant to Article I, section lina, Mr. LABRADOR, and Mr. CAMP- H.R. 3376. 8, Congress has the power ‘‘to make all Laws BELL): Congress has the power to enact this legis- H.J. Res. 84. A joint resolution proposing which shall be necessary and proper for car- lation pursuant to the following: an amendment to the Constitution of the rying into Execution the foregoing Powers, Appropriations United States prohibiting the United States and all other Powers vested by this Constitu- Article I, Section 9, Clause 7 government from increasing its debt except tion in the Government of the United States, No Money shall be drawn from the Treas- for a specific purpose by law adopted by or in any Department or Officer thereof.’’ ury but in Consequence of Appropriations three-fourths of the membership of each By Mr. MCGOVERN: made by Law; and a regular Statement and House of Congress; to the Committee on the H.R. 3368. Account of the Receipts and Expenditures of Judiciary. Congress has the power to enact this legis- all public Money shall be published from By Mr. ISSA: lation pursuant to the following: time to time. H. Con. Res. 86. Concurrent resolution di- Article I, Section 8, Clause 1: . . . to pro- By Mr. AMODEI: recting the Clerk of the House of Representa- vide for the common Defense and general H.R. 3377. tives to make corrections in the enrollment Welfare of the United States; and Article I, Congress has the power to enact this legis- of H.R. 2061; considered and agreed to. Section 8, Clause 18: To make all Laws which lation pursuant to the following: By Mr. MCDERMOTT (for himself, Mr. shall be necessary and proper for carrying The constitutional authority of Congress DICKS, Ms. HERRERA BEUTLER, Mr. into Execution the foregoing Powers, and all to enact this legislation is provided by Arti- INSLEE, Mr. LARSEN of Washington, other Powers vested by this Constitution in cle I, Section 8 of the United States Con- Mr. REICHERT, and Mr. SMITH of the Government of the United States or in stitution, specifically clause 1 (relating to Washington): any Department or Officer thereof. providing for the general welfare of the H. Res. 458. A resolution congratulating By Mrs. CAPITO: United States) and clause 18 (relating to the the University of Washington on the occa- H.R. 3369. power to make all laws necessary and proper sion of its 150th anniversary and recognizing Congress has the power to enact this legis- for carrying out the powers vested in Con- its contributions to Washington State and lation pursuant to the following: gress), and Article IV, Section 3, Clause 2 (re- the United States; to the Committee on Edu- Necessary and Proper Clause: Article 1, lating to the power of Congress to dispose of cation and the Workforce. Section 8 Clause 18 and make all needful rules and regulations By Mr. ADERHOLT (for himself, Mr. By Mr. CRAWFORD: respecting the territory or other property GRIMM, Mr. FRANKS of Arizona, Mr. H.R. 3370. belonging to the United States). CALVERT, Mr. PITTS, Mr. WOLF, and Congress has the power to enact this legis- By Mr. BENISHEK: Mr. FORBES): lation pursuant to the following: H.R. 3378.

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Congress has the power to enact this legis- Article I, Section 8, Clauses 1 and 3. H.R. 744: Mrs. MCCARTHY of New York. lation pursuant to the following: By Mr. PEARCE: H.R. 749: Mr. MARCHANT and Mr. REED. Article I, Section 8, Clause 7 H.R. 3390. H.R. 763: Mr. FLEISCHMANN. The Congress shall have Power *** To es- Congress has the power to enact this legis- H.R. 860: Mr. MARCHANT. tablish Post Offices and post roads. lation pursuant to the following: H.R. 876: Mr. BRALEY of Iowa. By Mr. BERG: Article I, Section 8, Clause 1 of the United H.R. 878: Mr. DOYLE. H.R. 3379. States Constitution H.R. 893: Mr. RAHALL and Mr. MILLER of Congress has the power to enact this legis- By Ms. PINGREE of Maine: North Carolina. lation pursuant to the following: H.R. 3391. H.R. 931: Mr. ALEXANDER. Article 1 section 8 and amendment X to the Congress has the power to enact this legis- H.R. 942: Mr. SMITH of Texas and Mr. United States Constitution. lation pursuant to the following: PETRI. By Mr. BURTON of Indiana: Article I, Section 8, Clause 1—The Con- H.R. 969: Mr. HARRIS. H.R. 3380. gress shall have Power To lay and collect H.R. 973: Mr. WOMACK. Congress has the power to enact this legis- Taxes, Duties, Imposts and Excises, to pay H.R. 1044: Mr. PAULSEN. lation pursuant to the following: the Debts and provide for the common De- H.R. 1063: Mr. DEUTCH, Mr. STIVERS, Mr. Article I, Section 8, Clauses 3 and 18 of the fense and general Welfare of the United POSEY, and Mr. FITZPATRICK. Constitution of the United States. States; but all Duties, Imposts and Excises H.R. 1084: Ms. SCHWARTZ. By Mr. CASSIDY: shall be uniform throughout the United H.R. 1111: Mr. BROUN of Georgia. H.R. 3381. States. H.R. 1116: Ms. SCHWARTZ and Mr. DEFAZIO. Congress has the power to enact this legis- By Mr. QUAYLE: H.R. 1130: Mr. MCINTYRE. lation pursuant to the following: H.R. 3392. H.R. 1138: Mr. PRICE of North Carolina. Article I, Section 8, Clause 1 of the United Congress has the power to enact this legis- H.R. 1148: Ms. HOCHUL and Mr. COHEN. States Constitution lation pursuant to the following: H.R. 1164: Mr. CALVERT. By Mrs. DAVIS of California: Article 1, Section 8, Clause 18 of the Con- H.R. 1175: Mr. MILLER of North Carolina, H.R. 3382. stitution Mr. RYAN of Ohio, Mr. KIND, Mr. CHANDLER, Congress has the power to enact this legis- By Mr. RIVERA: and Mr. COLE. lation pursuant to the following: H.R. 3393. H.R. 1221: Mr. ROYCE. Article I, Section 8, Clause 1 Congress has the power to enact this legis- H.R. 1236: Mr. PRICE of North Carolina and By Mr. GONZALEZ: lation pursuant to the following: Mr. KIND. H.R. 3383. Article I, Section 8, Clause 3: Commercial H.R. 1340: Mr. NUGENT. Congress has the power to enact this legis- Activity Regulation H.R. 1341: Mr. BURGESS. lation pursuant to the following: By Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 1385: Ms. SCHAKOWSKY. Congress has the power to enact this legis- fornia: H.R. 1449: Mr. ALTMIRE and Mr. ROTHMAN of lation pursuant to the Preamble to the Con- H.R. 3394. New Jersey. stitution; Clauses 1, 3, & 18 of Section 8 of H.R. 1533: Mr. BROUN of Georgia. Congress has the power to enact this legis- ´ Article I; and Clause 2 of Article VI. lation pursuant to the following: H.R. 1537: Ms. VELAZQUEZ. H.R. 1546: Mr. FITZPATRICK. By Mr. HEINRICH: Article I, Section 8 H.R. 3384. H.R. 1588: Mr. HURT. By Mr. SHIMKUS: Congress has the power to enact this legis- H.R. 1639: Mrs. CAPITO and Mr. H.R. 3395. lation pursuant to the following: FITZPATRICK. Congress has the power to enact this legis- Article I Section 8 H.R. 1648: Ms. HOCHUL, Mr. PASTOR of Ari- lation pursuant to the following: By Mr. HOLDEN: zona, Mr. SARBANES, Mr. MILLER of North Article I, Section 8, Clause 3 of the Con- H.R. 3385. Carolina, and Mr. LUJA´ N. stitution: To regulate Commerce with for- Congress has the power to enact this legis- H.R. 1653: Mr. WALZ of Minnesota. eign Nations and among the several States, lation pursuant to the following: H.R. 1681: Mr. HEINRICH. and with the Indian Tribes. Article 1, Section 8, Clause 15 which grants H.R. 1704: Mr. HANNA, Mr. JOHNSON of Illi- By Mr. WALSH of Illinois: Congress the power to make rules for the nois, Mr. PAYNE, Ms. KAPTUR, and Ms. H.R. 3396. Government and Regulation of the land and FUDGE. Congress has the power to enact this legis- naval Forces. H.R. 1733: Ms. NORTON. lation pursuant to the following: Article 1, Section 8, Clause 16 which grants H.R. 1738: Ms. LEE of California and Mr. Article I Section 8 of the United States Congress the power to provide for organizing, PRICE of North Carolina. Constitution: ‘‘The Congress shall have arming, and disciplining, the militia, and for H.R. 1744: Mr. BILIRAKIS. power to lay and collect taxes, duties, im- governing such Part of them as may be em- H.R. 1746: Ms. PINGREE of Maine. posts and excises, to pay the debts and pro- ployed in the Service of the United States, H.R. 1811: Mr. RUNYAN and Mr. COURTNEY. vide for the common defense and general reserving to the States respectively, the Ap- H.R. 1815: Mr. WAXMAN, Mr. LARSEN of welfare of the United States . . .’’ pointment of the Officers, and the Authority Washington, Mr. MCDERMOTT, Mr. BRALEY of By Mr. MCCLINTOCK: of training the Militia according to the dis- Iowa, Ms. ZOE LOFGREN of California, Ms. H.J. Res. 84. cipline prescribed by Congress. MCCOLLUM, Mr. ROTHMAN of New Jersey, Mr. Congress has the power to enact this legis- By Mr. HOLT: PRICE of North Carolina, Mrs. MCCARTHY of lation pursuant to the following: H.R. 3386. New York, and Ms. HAHN. Article V of the United States Constitu- Congress has the power to enact this legis- H.R. 1876: Mr. MCDERMOTT. tion provides for amendments to the United lation pursuant to the following: H.R. 1905: Mr. AMODEI, Mr. GRAVES of Mis- States Constitution. Article I of the Constitution of the United souri, and Mr. FRANK of Massachusetts. States f H.R. 2016: Mr. ISRAEL. By Mr. KING of New York: H.R. 2040: Mr. CRAWFORD, Mr. BILIRAKIS, H.R. 3387. ADDITIONAL SPONSORS Mr. RIBBLE, Mr. PENCE, Mr. WOMACK, and Mr. Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors POMPEO. lation pursuant to the following: were added to public bills and resolu- H.R. 2051: Mrs. SCHMIDT, Mr. GIBBS, Mr. Article I, Section 8, Clause 1 FRANKS of Arizona, Mr. CALVERT, Mr. JONES, The Congress shall have Power to lay and tions as follows: Mr. AUSTRIA, and Mr. HECK. collect Taxes, Duties, Imposts and Excises, H.R. 10: Mr. WOODALL, Mr. BILIRAKIS, Ms. H.R. 2123: Mr. YOUNG of Florida. to pay the Debts and provide for the common HERRERA BEUTLER, and Ms. GRANGER. H.R. 2131: Mr. ALEXANDER and Ms. HOCHUL. Defence and general Welfare of the United H.R. 104: Mr. WALBERG. H.R. 2144: Mr. JACKSON of Illinois. States; but all Duties, Imposts and Excises H.R. 210: Ms. MATSUI, Ms. BROWN of Flor- H.R. 2195: Mr. JOHNSON of Ohio. shall be uniform throughout the United ida, Mr. CLEAVER, and Ms. CASTOR of Florida. H.R. 2214: Mr. BACHUS, Mr. MCCOTTER, Mr. States; H.R. 361: Mrs. MYRICK. BARLETTA, Mr. BENISHEK, Mr. FARENTHOLD, By Mr. LANGEVIN: H.R. 374: Mr. BURGESS. Mr. GOWDY, Mrs. HARTZLER, Ms. ROS- H.R. 3388. H.R. 436: Mr. ADERHOLT, Mr. ALEXANDER, LEHTINEN, Mr. TURNER of Ohio, Mr. BOREN, Congress has the power to enact this legis- Mr. AMODEI, Mr. BACHUS, Mr. BARLETTA, Mrs. Mr. MARINO, Mr. AUSTIN SCOTT of Georgia, lation pursuant to the following: EMERSON, Mr. GARRETT, Mr. KING of New Mr. WALBERG, Mr. POSEY, Mr. AMODEI, Mr. Article I, section 8, Clause 1 and Article York, Mr. LATOURETTE, Mr. PEARCE, Mr. DAVIS of Kentucky, Mr. TURNER of New IV, section 3 of the Constitution of the WALBERG, Mr. YOUNG of Alaska, Mr. SHU- York, Mr. YODER, Mr. FLEISCHMANN, Mr. United States grant Congress the authority STER, Mr. SMITH of New Jersey, Mrs. ADAMS, HERGER, Mr. NUNES, Mr. ROSKAM, Mr. BU- to enact this bill. and Mr. PETRI. CHANAN, and Mr. LUETKEMEYER. By Mr. MARKEY: H.R. 494: Ms. ZOE LOFGREN of California. H.R. 2223: Mr. CRITZ. H.R. 3389. H.R. 721: Ms. HOCHUL. H.R. 2245: Mr. COSTA, Mr. HEINRICH, and Congress has the power to enact this legis- H.R. 735: Mr. GIBSON, Mr. AMODEI, and Mrs. Mrs. CAPITO. lation pursuant to the following: BACHMANN. H.R. 2304: Mr. MCINTYRE.

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H.R. 2341: Ms. CHU. H.R. 3015: Mr. CICILLINE. H.R. 3296: Mr. WELCH. H.R. 2346: Mr. ACKERMAN. H.R. 3046: Mr. BRALEY of Iowa, Mr. H.R. 3297: Mr. NADLER. H.R. 2353: Mr. BRALEY of Iowa and Mr. ALTMIRE, and Mr. MCGOVERN. H.R. 3300: Ms. MATSUI, Mr. BOSWELL, Ms. MEEHAN. H.R. 3059: Mr. AUSTIN SCOTT of Georgia and ZOE LOFGREN of California, and Mr. DOYLE. H.R. 2396: Mr. TONKO. Mr. FITZPATRICK. H.R. 2421: Ms. TSONGAS. H.R. 3061: Ms. HANABUSA. H.R. 3308: Mr. CHAFFETZ. H.R. 2446: Mr. LUETKEMEYER, Ms. H.R. 3091: Mr. BOUSTANY and Mr. SCHOCK. H.R. 3313: Mr. SCOTT of Virginia and Mr. HAYWORTH, and Mr. DESJARLAIS. H.R. 3101: Mr. BURGESS, Mr. NEUGEBAUER, STARK. H.R. 2453: Ms. ROYBAL-ALLARD. and Mr. FORBES. H.R. 3323: Mr. PAUL. H.R. 3108: Mr. CUMMINGS, Mr. TOWNS, Mrs. H.R. 2478: Mr. LUETKEMEYER. H.R. 3324: Mr. DEUTCH. H.R. 2492: Mr. AMODEI, Mr. GALLEGLY, Mr. MALONEY, Mr. KUCINICH, Mr. TIERNEY, Mr. H.R. 3334: Mr. CARNAHAN and Mr. THOMPSON PRICE of North Carolina, Mr. CROWLEY, and CLAY, Mr. LYNCH, Mr. COOPER, Mr. CONNOLLY of California. Mr. HANNA. of Virginia, Mr. DAVIS of Illinois, and Mr. H.R. 2501: Mr. MILLER of North Carolina. YARMUTH. H.R. 3339: Mr. RYAN of Wisconsin. H.R. 2530: Ms. DELAURO. H.R. 3112: Mr. CHABOT. H.J. Res. 56: Mr. ROSS of Florida and Mr. H.R. 2569: Mr. MEEKS, Mr. WATT, Mr. GARD- H.R. 3123: Mr. BOUSTANY and Mr. SCHOCK. AMODEI. H.R. 3128: Mr. STIVERS. NER, and Mr. DAVIS of Kentucky. H.J. Res. 80: Mr. ELLISON and Mr. H.R. 3134: Ms. WOOLSEY, Mr. GRIJALVA, and H.R. 2599: Mr. LEVIN, Mr. YOUNG of Florida, MCDERMOTT. Ms. ZOE LOFGREN of California. Mr. ROONEY, Mr. CLAY, Mr. FITZPATRICK, Ms. H.R. 3142: Mr. GRIMM, Mr. BROUN of Geor- H.J. Res. 83: Mr. ISRAEL and Mr. MCGOV- ESHOO, Mr. LUJA´ N, and Mr. MCINTYRE. gia, Mr. ROSS of Florida, Mr. PALAZZO, and ERN. H.R. 2661: Mr. PETERSON. Mr. SABLAN. H. Con. Res. 84: Ms. MCCOLLUM and Ms. H.R. 2697: Mrs. MYRICK. H.R. 3151: Ms. SCHAKOWSKY and Mr. STARK. ROYBAL-ALLARD. H.R. 2735: Mr. SCHOCK and Mr. REED. H.R. 3154: Mr. SMITH of Washington. H. Res. 60: Mr. GINGREY of Georgia. H.R. 2815: Mr. CARSON of Indiana. H.R. 3156: Mrs. MILLER of Michigan. H.R. 2829: Mr. BARTON of Texas. H.R. 3178: Ms. CHU. H. Res. 98: Mrs. HARTZLER. H.R. 2853: Mr. TOWNS. H.R. 3181: Mr. GALLEGLY, Mr. LATOURETTE, H. Res. 111: Mr. WOLF and Mr. AUSTIN H.R. 2866: Mr. CARNAHAN. Mr. SOUTHERLAND, Mr. KELLY, Mr. LANDRY, SCOTT of Georgia. H.R. 2874: Mr. LIPINSKI, Mr. POMPEO, and Mr. GARY G. MILLER of California, Mr. CAMP- H. Res. 365: Mr. TOWNS. Mr. FORBES. BELL, Mr. JORDAN, Mr. CARTER, Mr. SCHIL- H. Res. 376: Mr. BURTON of Indiana and Ms. H.R. 2880: Mr. SCHIFF. LING, Mrs. SCHMIDT, Mr. BARLETTA, Mr. IRONO H.R. 2885: Mr. WALSH of Illinois and Mrs. H . LEWIS of California, Mr. CALVERT, Mr. KING CAPITO. H. Res. 429: Mr. JOHNSON of Ohio, Mr. MAN- of New York, and Mr. PENCE. ZULLO, Mr. ROE of Tennessee, Mr. FLORES, H.R. 2910: Mr. FORBES. H.R. 3185: Mr. LUETKEMEYER and Mrs. H.R. 2913: Mrs. BLACK and Mr. SCHWEIKERT. Mr. BRADY of Texas, Mr. CALVERT, Mr. NOEM. SOUTHERLAND, Mr. ROHRABACHER, and Mr. H.R. 2925: Mr. BOUSTANY. H.R. 3187: Mr. YOUNG of Florida. H.R. 2945: Mr. SENSENBRENNER. H.R. 3199: Mr. HARRIS. POMPEO. H.R. 2959: Mr. TIPTON. H.R. 3200: Mr. OLVER. H. Res. 433: Mr. GRIMM. H.R. 2960: Mr. LOEBSACK, Mrs. BLACKBURN, H.R. 3201: Mr. STARK, Mr. CLARKE of Michi- Mr. DESJARLAIS, and Mr. KINGSTON. gan, Mr. REYES, Ms. JACKSON LEE of Texas, f H.R. 2962: Mr. CARNAHAN. Ms. FUDGE, and Mr. FILNER. H.R. 2966: Ms. HAHN. H.R. 3210: Mr. MARCHANT, Mr. PAUL, and H.R. 2972: Mr. OWENS. Mr. DESJARLAIS. DELETIONS OF SPONSORS FROM H.R. 2985: Mr. GARDNER, Mr. FORBES, Mr. H.R. 3236: Mr. BLUMENAUER, Ms. MCCOL- PUBLIC BILLS AND RESOLUTIONS DUNCAN of Tennessee, Mrs. ROBY, Mr. LUM, and Mr. MCINTYRE. FITZPATRICK, and Mr. CALVERT. H.R. 3243: Mr. COLE and Mr. KING of Iowa. Under clause 7 of rule XII, sponsors H.R. 3003: Mr. LUETKEMEYER. H.R. 3265: Mr. MCINTYRE. were deleted from public bills and reso- H.R. 3009: Mr. RIVERA. H.R. 3266: Mr. TERRY. lutions as follows: H.R. 3010: Mr. CONAWAY. H.R. 3269: Mr. ROGERS of Michigan, Mr. H.R. 3012: Mr. GOODLATTE and Mr. GUTIER- COSTA, Mr. MARINO, Mr. HEINRICH, Mrs. H.R. 1380: Mr. MURPHY of Pennsylvania. REZ. LUMMIS, Mr. DENT, and Mr. DENHAM. H.J. Res. 2: Mr. GOHMERT.

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IN RECOGNITION OF THE 125TH AN- Emma Capannari, Makaela Douglas, and the intersection of White Horse and Valley NIVERSARY OF THE FOUNDING Devon Smith. Forge Roads was the first and major commer- OF AGUDAS ACHIM I also congratulate the dedicated coaching cial center in this area and continues today. staff of Head Coach Djamel Charmat and As- Valley Forge Road was the major route be- HON. AARON SCHOCK sistant Coaches Erin Shindledecker and Jim tween the western forges and the City of OF ILLINOIS Douglas, who helped guide the Knights to the Philadelphia and continues as the Valley state championship game. The coaches devel- Forge Historic Corridor through Schuylkill IN THE HOUSE OF REPRESENTATIVES oped a team with depth, talent, a strong de- Township. Friday, November 4, 2011 fense, a high scoring offense, and most impor- Once a farm community, Schuylkill Town- Mr. SCHOCK. Mr. Speaker, I rise today in tantly, good sportsmanship. ship today seeks to preserve its agricultural recognition of the 125th Anniversary of Con- I offer my congratulations to the members of landscape. The Open Space Commission is gregation Agudas Achim in Peoria, Illinois. the girls’ soccer team of Marian High School, working to preserve open space with the Pick- Agudas Achim was founded in 1886 by a the coaching staff, the school administration ering Preserve and the purchase of Valley group of 18 settlers in Peoria as the first Tra- and community for their accomplishments this Park where meadow lands are being pre- ditional Orthodox Jewish Congregation in that season including their second place finish in served. Preservation efforts are also underway part of the country. In the following decades, the IHSAA 1–A State Soccer Tournament. for the Ticket Pavilion of the old Valley Park Agudas Achim grew to be the largest Tradi- f Trolley Park, which once operated to the de- tional Jewish Congregation in Illinois outside light of its residents. of Chicago. PERSONAL EXPLANATION Mr. Speaker, in light of the 185th anniver- Since its founding, Agudas Achim has had sary of the founding of Schuylkill Township, I a physical presence in many parts of the City HON. PETER J. VISCLOSKY ask that my colleagues join me today in cele- of Peoria, constantly expanding its facilities to OF INDIANA brating this momentous occasion and recog- meet the needs of its growing congregation. IN THE HOUSE OF REPRESENTATIVES nizing the Township’s rich history and eco- From the South Side to North Peoria, Agudas nomic and social contributions to the quality of Friday, November 4, 2011 Achim has put down deep roots in the city. life enjoyed by its outstanding citizens and all Throughout its long history, Agudas Achim Mr. VISCLOSKY. Mr. Speaker, on Novem- of Chester County. has weathered many challenges and changing ber 3, 2011, I was absent from the House and f times, but it continues in its mission to serve missed rollcall vote 825. the Traditional Jewish community in Central Il- Had I been present for rollcall 825, on pas- HONORING MR. PHILIP MELVIN linois through assembly, study, and prayer. I sage of H.R. 2930, a measure to amend the UPON THE OCCASION OF HIS RE- congratulate the leaders and members of the securities laws to provide for registration ex- TIREMENT congregation on this significant anniversary. emptions for certain crowdfunded securities, f and for other purposes, I would have voted HON. DANIEL E. LUNGREN ‘‘no.’’ OF CALIFORNIA CONGRATULATING THE MARIAN f IN THE HOUSE OF REPRESENTATIVES HIGH SCHOOL GIRLS’ SOCCER TEAM RECOGNIZING 185TH ANNIVERSARY Friday, November 4, 2011 OF THE FOUNDING OF SCHUYL- Mr. DANIEL E. LUNGREN of California. Mr. HON. JOE DONNELLY KILL TOWNSHIP, CHESTER COUN- Speaker, I rise to highlight the career of Mr. TY OF INDIANA Philip Melvin (Phil) for his thirty years of distin- IN THE HOUSE OF REPRESENTATIVES guished service to the United States House of Representatives. Phil has served this great in- Friday, November 4, 2011 HON. JIM GERLACH OF PENNSYLVANIA stitution as a valued employee of House Infor- Mr. DONNELLY of Indiana. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES mation Resources (HIR) in the Office of the today I rise to congratulate the Marian High Chief Administrative Officer (CAO). School girls’ soccer team of Mishawaka, Indi- Friday, November 4, 2011 Phil began his tenure with the House in ana. The Knights competed in the Indiana Mr. GERLACH. Mr. Speaker, I rise today to 1981 as a Mainframe Computer Operator. Dili- High School Athletic Association state cham- recognize Schuylkill Township, Chester Coun- gently rising through the ranks, Phil was even- pionship on October 29, 2011 at Kuntz Sta- ty on the occasion of the 185th anniversary of tually selected to be the Lead Computer Oper- dium in Indianapolis, with a tough 1 to 0 loss its founding. ator. His duties entailed bringing the House’s to first place Providence in a shootout fol- The first settlers to move into Schuylkill systems online, recognizing and diagnosing lowing two overtime periods. Township were Dutch, Swedish, and Welsh; hardware and software problems, maintaining The Knights worked tirelessly this season, many of whom were Quakers. They arrived in quality control of printed output, and training garnering an 18–3–1 record with half of their 1713 with James Anderson being the first Eu- new Operations Staff. Mainframe operations victories captured with more than five goals. ropean settler with his family to arrive. He had were the heart of the House’s emerging Infor- Leading scorer, Junior Gabby Veldman, immigrated from the Isle of Skye in Scotland mation Technology Infrastructure. scored thirty-two goals during the season. A in 1707. His home and farmstead, ‘‘Anderson Phil’s technical expertise and delivery of testament to the character of the Marian team, Place,’’ still stands. Son Patrick was the first mainframe operational services led to his ap- Senior Lauren Garatoni received the Mental child born in the township. He was to serve as pointment as a Mainframe Systems Pro- Attitude Award from the Indiana High School a captain in the Revolutionary War and later grammer, whereby he provided the system Athletic Association. was promoted to Major. The Anderson family tools and computer resources required to host The Marian team consisted of twenty-two is buried in Anderson Cemetery on Valley the House’s mission critical internal applica- young women, including: Liz Naquin, Brittany Park Road. The last Anderson to reside at the tions on the mainframe. Payne, Denise (D.J.) Veldman, Gabby farmstead was in 1955. William Moore arrived In the early 90’s, Phil was selected to sup- Lucchese, Lauren Wade, Tracy Scott, Shan- and built Moore Hall, which is a National Reg- port a Distributed Systems Support Project, non Hendricks, Madeline LaDue, Jen Smith, ister home, as well as the Bull Tavern visited which required him to support the multiple e- Josie Cressy, Gabby Veldman, Melissa by General Washington. mail systems then in use by the House. Phil Cunningham, Lauren Garatoni, Carson Lud- The Friends Quaker Meeting is historic and was responsible for managing the main sys- wig, Claire Griffith, Maggie Wanecke, Maggie was active in the abolitionist movement with tem that allowed Members to send/receive Hartnagel, Bridget Doyle, Cassie Sloma, the Underground Railroad. Corner Stores at mail from several different e-mail systems. In

∑ 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.

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It is also thanks in faxes via e-mail. Phil has helped make the Some of the church’s early pastors, includ- part to Kyleen’s work that the incidence of House e-mail and Enterprise Fax systems the ing Reverend Dough Johnson, Ben London, teen abortions has dropped by half since reliable services the House relies on today. Gain Byrd, Tom Johnson and Reverend Gene 1995. Continuing on the leading edge of technology, Murray, worked endlessly to establish Mt. The pro-life cause in Texas has many lead- Phil’s most recent duties were instrumental in Pleasant as a stable institution that tended to ers, but few are as effective in the state cap- the House’s successful evolution to server the spiritual needs of its congregation and pro- ital as Kyleen. Whether it’s working with the virtualization. vided assistance to other churches in need of legislature or talking on the airwaves, Kyleen Phil’s knowledge, experience, dedication, resources. Early in its existence, Mt. Pleasant is leading Texas and America to a brighter mentoring and consistent outstanding perform- graciously allowed members of Old Piney and better future. I ask all of my colleagues to ance in his daily tasks have set a fine exam- Grove Church to share its facilities and bury join me in recognizing Kyleen Wright for a ca- ple in providing superior customer service and their members in Mt. Pleasant’s cemetery until reer of hard work to protect the unborn and earned him the respect and admiration of his construction of Old Piney Grove’s building was their families. co-workers. completed. f On behalf of the entire House community, Throughout the 19th, 20th and 21st cen- we extend congratulations to Philip Melvin for turies, Mt. Pleasant’s edifice has gone through RECOGNIZING NORMAN VUTZ, his many years of dedication, outstanding con- numerous transformations and renovations. In SCHUYLKILL TOWNSHIP’S 2011 tributions and service to the United States 1890, the first frame building was constructed OUTSTANDING CITIZEN OF THE House of Representatives. on the eastern edge of the church’s current lo- YEAR We wish him many wonderful years in ful- cation on Mt. Pleasant Road in Leesburg, filling his retirement dreams. Georgia. This building was built on a wood HON. JIM GERLACH f frame with four windows on each side and two OF PENNSYLVANIA PERSONAL EXPLANATION doors at the front. IN THE HOUSE OF REPRESENTATIVES In the late 1930s, under the leadership of Friday, November 4, 2011 Reverend Wallace Davis, Mt. Pleasant’s HON. GUS M. BILIRAKIS church building was renovated. After the Mr. GERLACH. Mr. Speaker, I rise today to OF FLORIDA 1930s renovation, the church building also congratulate Norman Vutz on the occasion of IN THE HOUSE OF REPRESENTATIVES served as a school house. being honored as Schuylkill Township’s 2011 Friday, November 4, 2011 During the 1960s and 1970s, Reverend P.S. Outstanding Citizen of the Year. A longtime Township resident, Norman Mr. BILIRAKIS. Mr. Speaker, on Thursday, Sparks oversaw the construction of a new moved to Schuylkill Township in 1978 and November 3rd, I missed rollcall votes 821 and church building that included pews and pulpit served 28 years as a member of its Board of 822, for unavoidable reasons. Had I been furniture. In the early 1980s, under the direc- Supervisors. One of Norman’s greatest ac- present, I would have voted as follows: tion of Reverend W.D. Slaughter, a new dining Rollcall vote No. 821: ‘‘yea’’ (Ordering the hall was added to Mt. Pleasant’s campus. complishments was helping to facilitate the previous question on H. Res. 453, the rule Over the years, Mt. Pleasant has remained Township’s transition from utilizing an inde- providing for consideration of both H.R. a steadfast community leader and supporter of pendent contractor for roads to establishing its 2940—Access to Capital for Job Creators Act several humanitarian initiatives that have as- own Roads Department. With an excellent and and H.R. 2930—Entrepreneur Access to Cap- sisted those individuals most in need. Mt. dedicated Roadmaster, the Township is saving ital Act) Pleasant’s Mission Outreach Ministry donates money, is better managed, and is providing Rollcall vote No. 822: ‘‘yea’’ (Dicks Motion food and clothing to low-income communities more efficient service to its residents. to instruct conferees) throughout the Albany, Georgia metropolitan One of his favorite aspects of serving on the Board of Supervisors is working with the tal- f area. The church is also associated with char- ity efforts sponsored by the Christian outreach ented and dedicated Township staff and help- RECOGNIZING MT. PLEASANT MIS- group, Samaritan’s Purse. ing area citizens. These are the folks that SIONARY BAPTIST CHURCH’S Mr. Speaker, today I ask my colleagues to have provided Norman such great satisfaction 150TH ANNIVERSARY join me in paying tribute to Mt. Pleasant Mis- during his long years of public service. sionary Baptist Church in Leesburg, Georgia Mr. Speaker, in light of his exemplary years HON. SANFORD D. BISHOP, JR. for all the many things this institution has done of service to Schuylkill Township, I ask that OF GEORGIA and will continue to do to positively impact the my colleagues join me today in recognizing IN THE HOUSE OF REPRESENTATIVES lives of those in Southwest Georgia. Norman Vutz on the occasion of his being honored as 2011 Outstanding Citizen of the Friday, November 4, 2011 f Year. Mr. BISHOP of Georgia. Mr. Speaker, it is HONORING TEXANS FOR LIFE COA- f my great honor to extend a heartfelt congratu- LITION PRESIDENT KYLEEN lations to the congregation, administration, and WRIGHT INTRODUCTION OF THE STEM supporters of Mt. Pleasant Missionary Baptist EDUCATION INNOVATION ACT Church of Leesburg, Georgia as this fine insti- HON. KENNY MARCHANT tution celebrates 150 years of providing spir- OF TEXAS HON. MICHAEL M. HONDA itual guidance and dedicated community serv- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA ice to the residents of Lee County, Georgia IN THE HOUSE OF REPRESENTATIVES and individuals throughout the Albany, Geor- Friday, November 4, 2011 gia metropolitan area. This tenured religious Mr. MARCHANT. Mr. Speaker, it gives me Friday, November 4, 2011 institution will commemorate its 150th anniver- great pleasure to rise today to honor Texans Mr. HONDA. Mr. Speaker, I rise to articulate sary on Sunday, November 6, 2011 at a serv- for Life Coalition President Kyleen Wright for a vision for American education and a platform ice ceremony at 143 Mt. Pleasant Road in her decades of work to protect life. Kyleen has for developing a strong competitive workforce. Leesburg. been a leader and a fixture in the Texas pro- Today I am introducing the STEM Education This upcoming anniversary ceremony will life movement for years, and her dedication to Innovation Act, which does exactly this by enable church members, local dignitaries, the unborn was critical to the recent passage raising the profile of state and federal science, community leaders and other individuals of the sonogram law in the Texas Legislature. technology, engineering, and mathematics ini- throughout Georgia to pay tribute to a house This law expands informed consent to include tiatives. of worship that has positively influenced many a visual presentation via sonogram. By promoting and highlighting science, tech- lives and served as a sanctuary for those in Since 1975, Kyleen has been a tireless pro- nology, engineering, and mathematics edu- need of spiritual counseling. life advocate. Beginning in her freshman year cation, we will enable America to regain its

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It is essential so that American ‘‘Job has been put in to developing a center that and found more ways to become engaged in Creators’’ will be able to find future employees can host a variety of athletic and academic her community. She played a valuable role with the right skill sets to meet their needs events. The state-of-the-art lighting, sound and with the National Conference of Puerto Rican right here at home. technological equipment found within this facil- women and also co-founded HACER/Hispanic My legislation will establish an Office of ity provide an ideal venue for a variety of per- Women’s Center, an important resource for STEM Education at the Department of Edu- formances. The versatile flooring ensures that assisting Latinas to achieve their educational cation, through which we will be making a na- the hardwood basketball court will remain in goals. tional and international statement that the pristine condition and promote longevity for As a member of Governor Mario Cuomo’s STEM fields are a national priority. This office this grand investment. This 2,700 seat stadium Administration, Alice was the assistant director can speak with articulation on why we must will enrich student life and enhance the Gold- for the New York State Division for Women, compete at the highest level on international en Eagle spirit. Even though nascent, the where she further advocated for bilingual edu- benchmark tests such as the PISA, NAEP and Golden Eagle Arena has already been home cation and worked to combat HIV/AIDS, breast TIMMS tests. to various high profile, national, public servant cancer, and domestic violence. By providing federal support for State Con- guest speakers. IN the 1990s, I had the pleasure of working sortia on STEM Education, my bill helps West Hills College Lemoore has done noth- side-by-side with Alice during my tenure as Di- States exercise their power to create, main- ing short of a job well done. After more than rector of the Department of Puerto Rican tain, and grow their STEM platform. The bill eighteen months of construction, the Golden Community Affairs in the United States. To- acknowledges existing public-private collabo- Eagle Arena is complete. The perseverance of gether, we led Atrevete, the most successful rations and will grow such efforts in the STEM the Lemoore campus faculty, administration, Hispanic voter drive in American history. I will community. These state consortia are already students and community support has prevailed always look back on her dedication, passion, springing up at the grassroots level. Through with this crown jewel in these tough economic and tireless work ethic as an inspiration. a federal matching grant, we will be reaffirm- times. In particular, I would like to commend Even in retirement, Alice dedicated herself ing our Nation’s priorities while allowing States the dedication of President Don Warkentin, to others by staying active with groups like the to dictate and control their educational agenda Chancellor Frank Gornick, and the Board of Puerto Rican Association for Community Af- by identifying best practices and implementing Trustees: Mark McKean, Bill Henry, Nina fairs, the National Women’s Political Caucus, state standards. Oxborrow, Steve Cantu, Edna Ivans, Jeff and the National Association for Bilingual Edu- Finally, my legislation will boost American Levinson and Jack Minnite. Without the un- cation. Indeed, throughout her lifetime, she ingenuity and innovation by promoting the de- wavering commitment of these individuals, helped found more than 12 organizations dedi- velopment of transformational technology for projects and facilities like the Golden Eagle cated to strengthening and empowering minor- the classroom through the Education Innova- Arena would not be possible. ity communities. tion Project. Through a small federal dollar in- Mr. Speaker, I have been a proud supporter Mr. Speaker, earlier this week, Alice vestment, small startup companies and the of the West Hills Community College District Cardona passed away. She is fondly remem- private market will deliver a huge return on since my days in the California State Legisla- bered by many of us as a friend and role educational technological innovation. ture. It is beautiful to see how this rural, com- model. For all Latinas, her life is a source of Mr. Speaker, it is the aspiration of ALL munity college meets its goal to serve its stu- pride and for New Yorkers, an inspiration to Americans—rich and poor, rural and urban, dents with a diverse set of programs and cur- continue striving for greater social justice and public school and private school, Republican ricula, while providing entertainment and en- opportunity in our City, state, and country. I and Democrat—to realize the American dream richment venues such as the Golden Eagle ask that all my colleagues join me in paying for their children. The STEM Education Inno- Arena. I ask my colleagues to join me in com- tribute to Alice Cardona, an activist, pas- vation Act builds up the platform of local edu- mending West Hills College Lemoore and the sionate defender of women’s rights, champion cational communities all throughout the United community of Lemoore who have worked tire- of bilingual education, and advocate for work- States to collaborate and consolidate a solid lessly to make the Golden Eagle Arena pos- ing people everywhere. sible. educational platform holding up the pillars of f science, technology, engineering and mathe- f THE VISA IMPROVEMENTS TO matics (STEM). By supporting STEM efforts in HONORING ALICE CARDONA American public schools, we are investing in STIMULATE INTERNATIONAL the future of American youth. We are also in- HON. NYDIA M. VELA´ ZQUEZ TOURISM TO THE UNITED vesting in American ingenuity, innovation, and STATES OF AMERICA (VISIT OF NEW YORK USA) ACT infrastructure: ensuring an educated popu- IN THE HOUSE OF REPRESENTATIVES lation to carry us forward into the future. Friday, November 4, 2011 f HON. MAZIE K. HIRONO ´ Ms. VELAZQUEZ. Mr. Speaker, I rise today OF HAWAII CELEBRATING THE DEDICATION to honor an American trailblazer, a proud IN THE HOUSE OF REPRESENTATIVES OF THE WEST HILLS COLLEGE Puerto Rican and New Yorker whose advo- Friday, November 4, 2011 LEMOORE GOLDEN EAGLE cacy for women’s rights and minorities distin- ARENA guished her as a true leader. Alice Cardona Ms. HIRONO. Mr. Speaker, I rise today on hailed from New York’s Spanish Harlem or, El behalf of myself and Congressman DAVID HON. JIM COSTA Barrio, where she was the first of nine chil- DREIER to discuss a bill that we introduced OF CALIFORNIA dren. From an early age, Alice began contrib- yesterday, the Visa Improvements to Stimulate IN THE HOUSE OF REPRESENTATIVES uting to her community by volunteering with International Tourism to the United States of the Legion de Maria and providing psycho- America, VISIT USA, Act. Friday, November 4, 2011 logical support to African American and Latino This is the companion bill to S. 1746, which Mr. COSTA. Mr. Speaker, I rise today to people in need. From this early experience, was introduced on a bipartisan basis in the recognize West Hills College Lemoore on the Alice had instilled in her a strong sense of the United States Senate by Senator SCHUMER of occasion of the Dedication Ceremony of the social, economic, and educational injustices New York and Senator LEE of Utah. Golden Eagle Arena, its new, state-of-the-art facing people of color and the importance of The VISIT USA Act is a common-sense pro- facility which will provide a venue for the ex- remedying them. posal that is about one thing—creating jobs panding educational and athletic programs. Shortly thereafter, Alice worked for United and boosting our economy. The new 52,000 square-foot arena will provide Bronx Parents, where she helped foster pa- According to the U.S. International Trade a home to the Golden Eagles basketball and rental involvement in the local school system. Administration, the travel and tourism industry volleyball teams, while also facilitating class In 1964, she became involved in the first Head accounts for more than 25 percent of all U.S. space for enhanced physical education. Start program in New York. services exports—our nation’s largest service Golden Eagle Arena represents the third By the 1970s, she was working at ASPIRA export, in fact. In 2010, international travel to phase of growth for West Hills College and counseling young people. Alice’s time the U.S. accounted for $134 billion in receipts

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A04NO8.005 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS E2008 CONGRESSIONAL RECORD — Extensions of Remarks November 4, 2011 for U.S. businesses and supported 7.4 million I’m confident that there will be many other HONORING MAYOR BENNY American jobs—including 152, 864 in my groups—from across the political spectrum— MCGUIRE home state of Hawaii, and 873,000 in Con- that will support these much needed reforms gressman DREIER’S home state of California. that Chairman DREIER and I are introducing HON. STEPHEN LEE FINCHER This legislation will help to support and grow today. OF TENNESSEE this important industry by making travel to the IN THE HOUSE OF REPRESENTATIVES U.S. easier and more efficient for foreign trav- I look forward to working with all of my col- elers. Specifically, the bill contains several leagues to see this measure passed. Friday, November 4, 2011 provisions aimed at increasing visitors from Mr. FINCHER. Mr. Speaker, great leaders China, making visa processing more efficient, f govern with integrity, humility and with gen- and giving the State Department necessary erosity to their community. In the Tennessee RECOGNIZING THE ACHIEVEMENTS flexibility to manage the visa process more ef- Eighth Congressional District, there is one OF JAMES M. REDMOND OF THE fectively. leader whose efforts have been appreciated HOSPITAL AND HEALTHSYSTEM It will also help to solidify and strengthen by his community and acknowledged by his ASSOCIATION OF PENNSYLVANIA our relationship with one of our most important peers. I rise today to congratulate the honor- travel partners, Canada, and even includes able Benny McGuire, as he begins his tenure provisions to help address the housing crisis. of President over the Association of County China has the world’s largest population— HON. JIM GERLACH Mayors of Tennessee. 1.3 billion people—yet only 802,000 visitors OF PENNSYLVANIA A dedicated public servant, Mayor McGuire travelled to the U.S. in 2010. These 802,000 has not only contributed countless hours to IN THE HOUSE OF REPRESENTATIVES visitors spent approximately $5 billion in the Obion County, but he has set an example for U.S. during their stays, the seventh most Friday, November 4, 2011 other mayors to follow. Serving as the director spent in the U.S. by visitors from any country. of the Antioch Cemetery Association in Clearly, welcoming more visitors from China Mr. GERLACH. Mr. Speaker, on behalf of Hornbeak, he also works as a chair of the will benefit our economy and help to create myself and members of the Pennsylvania del- Northwest Tennessee Development District jobs. In order to do this, the bill provides Chi- egation (Mr. BRADY, Mr. FATTAH, Mr. KELLY, and serves as a member on numerous local nese visitors that meet the appropriate secu- Mr. ALTMIRE, Mr. THOMPSON, Mr. MEEHAN, Mr. boards and committees. After only two terms rity requirements with the ability to acquire five FITZPATRICK, Mr. SHUSTER, Mr. MARINO, Mr. as mayor of Obion County, he was selected year, multiple-entry visitor visas. BARLETTA, Mr. CRITZ, Ms. SCHWARTZ, Mr. by his peers to be named President of the As- The bill would also establish a pilot program DOYLE, Mr. DENT, Mr. PITTS, Mr. HOLDEN, Mr. sociation of County Mayors of Tennessee, the that would allow the State Department to con- MURPHY, Mr. PLATTS), I would like the fol- statewide organization representing 95 county duct visa interviews via videoconference. One lowing statement submitted for the RECORD. mayors and executives. of the key challenges for residents of these I value the great work and dedication that countries—like China, India, and Brazil—is the I rise today to recognize the many years of individuals like Mayor McGuire contribute to need to travel great distances to conduct in- outstanding service by James M. Redmond of the West Tennessee area. I ask my col- person visa interviews. If successful, this pilot the Hospital and Healthsystem Association of leagues to join me in congratulating Mayor program will help to responsibly reduce wait Pennsylvania. Benny McGuire as he extends his dedication times and effectively meet the demand for Mr. Redmond has worked for The Hospital and devotion to the people of Obion County visas in countries with large rural populations. & Healthsystem Association of Pennsylvania as well as all of Tennessee. The bill would also authorize the State De- for 36 years, serving the last 20 years as the f partment to charge extra fees in order to ex- Senior Vice President for Legislative Services. pedite the processing of certain visas, and HONORING THE 100TH ANNIVER- During his tenure, he has used his extensive allow Customs and Border Protection to pro- SARY OF ELKS LODGE #1243, IN knowledge about, and expertise in, the state vide expedited visas for foreign dignitaries and CARBONDALE, ILLINOIS legislative process to achieve balance and other priority visitors. This can be especially important for international meetings, and compromise in resolving essential health care HON. JERRY F. COSTELLO policy issues. events such as the Olympics. Finally, the OF ILLINOIS VISIT Act will make changes to visa proce- Mr. Redmond’s successes as an advocate IN THE HOUSE OF REPRESENTATIVES dures for nation’s that are working closely with for hospitals and health systems have been Friday, November 4, 2011 the U.S. to combat terrorism. attributable to his hard work, persistence, and The VISIT Act also allows the Administration steadfast commitment and adherence to integ- Mr. COSTELLO. Mr. Speaker, I rise today to to lower visa application fees during off-peak rity and ethics. He has been a key participant ask my colleagues to join me in honoring the seasons to help incentivize applications when in numerous initiatives that strengthened 100th anniversary of Elks Lodge #1243, in overall demand is low. Pennsylvania’s hospitals and greatly improved Carbondale, Illinois. In addition to improving the visa processing patient care, including the development of Carbondale Elks Lodge #1243 started with 81 charter members in 1911. The Benevolent system, and incentivizing travelers from un- Pennsylvania’s trauma system. tapped markets, the VISIT Act also includes and Protective Order of Elks had begun just provisions to encourage visitors from the Mr. Redmond began his career in health 43 years earlier in New York City. In these U.S.’s top travel partner—Canada. care administration at the Milton S. Hershey early years, those interested in starting a new In 2010, the U.S. welcomed 20 million visi- Medical Center of Pennsylvania State Univer- lodge would petition an existing lodge for initi- tors from Canada. Those visitors spent over sity. He is a graduate of the University of Con- ation. The list of names for the proposed $20 billion during their stays. The VISIT Act necticut, with a degree in pharmacy, and a Carbondale Lodge was sent to Murphysboro, creates a ‘‘Canadian Retiree Visa’’ which al- graduate of the University of Florida with a Illinois Lodge #572 on May 10, 1911 and lows Canadian citizens over 50 to apply for Master of Business Administration. A Fellow of Carbondale Lodge #1243 was formed. 240 day visas. These visas would need to be the American College of Healthcare Execu- Through the years, Carbondale Elks Lodge renewed every three years, and visa holders tives, Mr. Redmond is also the author of nu- #1243 has engaged in a number of programs would have to meet all necessary security re- merous articles and reports on health care to foster the Elks mission, ‘‘To promote and quirements, and be able to prove that they policy, and he has served on several state practice the four cardinal virtues of Charity, have accommodations for the duration of their and national advisory groups. Justice, Brotherly Love and Fidelity; to pro- stay. mote the welfare and enhance the happiness Overall, the reforms included in this bill are During his distinguished 36 years with the of its members; to quicken the spirit of Amer- a cost-effective, bipartisan approach to Association, Mr. Redmond has repeatedly ican Patriotism and cultivate good fellowship.’’ incentivizing job creation and supporting a crit- proven himself to be one of the Common- Some current activities include organizing ical U.S. industry. In fact, to date the Senate wealth’s most respected advocates and health fund-raisers to benefit disabled and visually legislation has been endorsed by the U.S. care leaders and we, as the Commonwealth’s impaired children and holding an annual char- Chamber of Commerce, the U.S. Travel Asso- delegation to the U.S. House of Representa- ity golf tournament. ciation, the American Hotel & Lodging Asso- tives, wish him health and happiness in his re- Carbondale Elks Lodge #1243 has been a ciation, and the U.S. Olympic Committee. tirement. shining example of a fraternal organization

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A04NO8.008 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS November 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2009 that strives not only to support its members norities and women’s matriculation from their THE GREATEST GENERATION but to provide resources and volunteer activi- traditional auxiliary support positions, such as ties to benefit their greater community. disk jockeys or custodial workers, into more HON. MICK MULVANEY Mr. Speaker, I ask my colleagues to join me influential roles such as managers, engineers, OF SOUTH CAROLINA in congratulating the officers and members of and program directors. The change also re- IN THE HOUSE OF REPRESENTATIVES Carbondale, Illinois Elks Lodge #1243 on their moved barriers which once denied favorable 100th anniversary and to wish them all the Friday, November 4, 2011 circumstances for members of these popu- best for many years to come. Mr. MULVANEY. Mr. Speaker, I rise today lations to gain ownership and syndication. This f to honor the men and women of the Greatest shift has allowed for a broad array of broad- Generation, as well as to welcome those who HONORING THE SERVICE OF SPC cast opportunities to include more autonomy in will soon be making the trip from their homes ADRIAN GARCIA the presentation of public affairs discussions, in South Carolina to our Nation’s Capital. music, and information which more specifically Seventy years ago, their lives were inter- HON. FRANCISCO ‘‘QUICO’’ CANSECO reflects the culture and interest of the minority rupted by providence. By their selfless action, OF TEXAS and female listening audiences. these ordinary men and woman became ex- traordinary. IN THE HOUSE OF REPRESENTATIVES Technological advancements and a growing Friday, November 4, 2011 They defended their country and their fami- social affinity for more digital interface have lies. They protected the innocent and freed the Mr. CANSECO. Mr. Speaker, I rise today to placed pressure on the radio industry to main- captive. recognize Army SPC Adrian Garcia of El tain its standing among other broadcasting They served freely and without reservation, Paso, TX. SPC Garcia was only three weeks mediums. This strain, coupled with the na- in what was to become the deadliest conflict into his first deployment when he was at- tion’s financial tensions, has made staying up in human history. tacked while on a routine patrol in Ramadi, to speed with the changing times all the more Too often, Americans are reminded that Iraq in March 2007. SPC Garcia was manning difficult. However, impressively, the radio freedom comes with a heavy burden. Thank- the turret of an up-armored HUMMVEE when world continues to provide phenomenal listen- fully, their generation understood this, and met a Rocket Propelled Grenade attack shattered ing programs to the masses. This tenacity has the challenge bravely. both of his legs. SPC Garcia’s injuries were so That is why there are no words that can ex- been seen in no place greater than within the severe that both of his legs required amputa- press our gratitude, no medals or monuments tions above the knee, leaving him in a wheel- minority and women sectors. sufficient to symbolize just how much we owe chair. Clear Channel recognizes the impact minor- to them. On November 11, 2011, Homes for Our ity and women broadcasters have had on But the world we live in today, the freedoms Troops will provide Army SPC Adrian Garcia broadcasting and has taken a laudable posi- we enjoy, the blessings we count, are all be- with a brand new home at no cost. SPC Gar- tion to make investments to ensure their pro- cause of them. cia’s new home will be specially adapted to ductive futures. Their plan to divest 448 radio That is why we continue to honor them. accommodate his needs, allowing him to be stations in 88 markets, which lead to the do- And to remember. more productive and independent. The work of f Homes for Our Troops and the community of nation of six stations to the Minority Media and El Paso, Texas, is a great example of the ap- Telecommunications Council, MMTC, shows RECOGNIZING THE ALAMEDA preciation we should show our brave men and that Clear Channel has a keen awareness of COUNTY DEPARTMENT OF CHIL- women who have served our nation in uni- the value diversity plays in broadcasting and DREN AND FAMILY SERVICE form. shows that they have a sound understanding I extend my personal thanks and sincere of the needs of small, local radio stations. HON. FORTNEY PETE STARK appreciation to SPC Garcia for his sacrifice Clear Channel’s efforts to enhance the infra- OF CALIFORNIA made while protecting our freedom. We owe structure for these individuals and business IN THE HOUSE OF REPRESENTATIVES our veterans a huge amount of gratitude—par- owners will aid in their abilities to boost their Friday, November 4, 2011 ticularly those who have been injured while hiring capabilities, expand their listening audi- serving their Nation. As President Calvin Coo- Mr. STARK. Mr. Speaker, I rise today to ences, increase advertisement revenues and lidge said, ‘‘The nation which forgets its de- congratulate the Alameda County Social Serv- fenders will be itself forgotten.’’ support their communities by delivering excel- ices Agency, Department of Children and lent content. f Family Services. Due to their exemplary work Mississippi was one of the states privileged to open more good homes to foster children RECOGNIZING THE COMMENDABLE to be a part of this gesture of good faith with by actively recruiting and working with LGBT SUPPORT EFFORTS OF CLEAR the acquisition of WHJA (AM) in Laurel, Mis- families, they have earned the All Children-All CHANNEL COMMUNICATIONS, Families Seal of Recognition from the Human sissippi. James Hardman, a minority broad- INC. Rights Campaign Foundation, a leading orga- caster from Tulsa, Oklahoma, with decades of nization in the advocacy of LGBT civil rights. HON. BENNIE G. THOMPSON experience, plans to put WHJA back on the air Alameda is only the second county in the under a local marketing agreement (LMA) with OF MISSISSIPPI nation to receive this recognition. By elimi- MMTC. Hardman intends to produce high IN THE HOUSE OF REPRESENTATIVES nating the barriers that LGBT couples and in- quality and innovative programs focused on dividuals face when they chose to adopt or Friday, November 4, 2011 the African-American community while encom- foster, Alameda County has helped to fulfill Mr. THOMPSON of Mississippi. Mr. Speak- passing the cultural differences across the their mission of ensuring that every foster child er, I rise today to honor the commendable ef- State of Mississippi. Economic and political finds a loving family. One example of how im- forts of Clear Channel Communications Inc. in empowerment in the African-American com- portant Alameda County’s work has been in their support of diversity and small businesses munity has been difficult to achieve without this area is Lara and Emkay Bosque. Lara and within the radio broadcasting industry. For a Emkay have adopted two young children. access and control of the mass media re- long time, public broadcasting, especially in Thanks to their efforts, two beautiful children the area of radio, excluded or carried heavy sources that impact our communities. Clear are growing up in a permanent and loving restrictions on the voices coming from minori- Channel’s dedication to assist with gains in family, instead of the foster care system. We ties and women of this country. These binding this area creates opportunities for success for need more families like the Bosques and I will practices limited the freedom of expression for African-Americans in Mississippi. be displaying their family photo in my office minorities and women in broadcasting and Mister Speaker, I ask you and my fellow col- during November, which is National Adoption provided a frail platform upon which to deliver leagues to join me in recognizing the meri- Month. meaningful public affairs and news within torious efforts put forth by Clear Channel Inc. At this time of celebration for Alameda these communities. County it is important to remember that they towards ensuring the viability of the minority Radio broadcasting in past decades has ex- are a shining example of what counties and perienced dramatic, positive change with the and women communities within the radio agencies across the nation can do to de- cultivation of environments which support mi- broadcasting industry. crease the number of children in our foster

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K04NO8.008 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS E2010 CONGRESSIONAL RECORD — Extensions of Remarks November 4, 2011 care system by finding them permanent, sta- HONORING THE SERVICE OF at NAS Pensacola, including Neil Armstrong ble homes. Currently our foster care system CORPORAL JOSE ‘‘DANIEL’’ GASCA and Ted Williams. Today, all U.S. Naval Avi- serves over 400,000 children, with over ators begin their training at the Cradle of 105,000 waiting to be adopted. LGBT families HON. FRANCISCO ‘‘QUICO’’ CANSECO Naval Aviation. can play an important role in decreasing the OF TEXAS From the first Naval Aviator, Lieutenant number of children in care. Unfortunately, IN THE HOUSE OF REPRESENTATIVES Theodore Ellyson, to the current class of flight LGBT individuals and couples face discrimina- students at NAS Pensacola, thousands of tion in 31 states when they attempt to adopt Friday, November 4, 2011 Naval Aviators have protected America’s inter- or foster. Congress invests over $7 billion in Mr. CANSECO. Mr. Speaker, I rise today to ests around the world and in outer space. Just our child welfare system annually, yet we are recognize Marine Corporal Jose ‘‘Daniel’’ like their predecessors from previous genera- allowing potential adoptive parents and foster Gasca of El Paso, TX. Corporal Gasca was tions, today’s students at NAS Pensacola go families to be excluded to the detriment of driving an up-armored HUMVEE when it was through rigorous training to serve on shore children. hit by a control detonated IED in Fallujah, Iraq and at sea, at home and abroad, to protect We should show our support of those chil- in September 2008. Corporal Gasca suffered the United States and support freedom wher- dren who are without families by passing HR spinal fractures, broken ribs, a ruptured ever and whenever they are called. From 1681, the Every Child Deserves a Family Act. spleen, and leg injuries so severe that both of combat patrols over Iraq and Afghanistan to I introduced this bill to protect those families his legs required amputation. Corporal Gasca, relief missions in Haiti and around the world, looking to foster or adopt children from dis- his wife, Angel, and their sons; 3 year old Naval Aviation is a touchstone of America’s crimination on the basis of their sexual ori- Mathew and newborn Eli, currently live in a naval might. entation, gender identity, or marital status or non-handicapped home while Daniel continues Mr. Speaker, I am privileged to recognize on the basis of the sexual orientation or gen- his treatments and therapies at Walter Reed. Naval Aviation for its contributions during its der identity of the child involved. On November 10, 2011, Homes for Our first 100 years and to honor it as it takes flight It is the purpose of our foster care system Troops will provide Corporal Gasca with a in the next 100 years. to find children families who will love and cher- brand new home at no cost. Coporal Gasca’s ish them. There should be no added burden new home will be specially adapted to accom- f for anyone based solely on their sexual ori- modate his needs, allowing him to be more entation, marital status, or gender identity. productive and independent. The work of HONORING ROBERT ALAN DUGGAN Homes for Our Troops and the community of I would again like to acknowledge Alameda El Paso, Texas, is a great example of the ap- County for their commitment to children in preciation we should show our brave men and HON. THADDEUS G. McCOTTER search of families and to the families willing women who have served our nation in uni- OF MICHIGAN and able to adopt a child in need. I hope more form. IN THE HOUSE OF REPRESENTATIVES counties will follow their inspiring lead. I extend my personal thanks and sincere appreciation to Corporal Gasca for his sac- Friday, November 4, 2011 f rifice made while protecting our freedom. We Mr. MCCOTTER. Mr. Speaker, today I rise owe our veterans a huge amount of grati- to honor the extraordinary life of Robert Alan RECOGNIZING WOODFILL tude—particularly those who have been in- Duggan, and to mourn him upon his passing ELEMENTARY SCHOOL jured while serving their nation. As President at the age of 46. Calvin Coolidge said, ‘‘The nation which for- gets its defenders will be itself forgotten.’’ Born in Livonia, Michigan on February 23, HON. GEOFF DAVIS 1965 to Patrick and Joan Duggan, Bob was a f classmate and fellow graduate of the class of OF KENTUCKY IN RECOGNITION OF THE 1983 from Detroit Catholic Central High IN THE HOUSE OF REPRESENTATIVES CENTENNIAL OF NAVAL AVIATION School. He went on to attend the Adrian Col- lege, earning a Bachelor’s Degree in Busi- Friday, November 4, 2011 HON. JEFF MILLER ness/Broadcasting. While attending Adrian Mr. DAVIS of Kentucky. Mr. Speaker, I rise College he became a member of this nation’s OF FLORIDA today to recognize Woodfill Elementary oldest and largest professional business frater- IN THE HOUSE OF REPRESENTATIVES School, a 2011 National Blue Ribbon award nity, Alpha Kappa Psi. Bob joined the Screen winning educational institution in the Fourth Friday, November 4, 2011 Actors Guild in 1997. Congressional District of Kentucky. Mr. MILLER of Florida. Mr. Speaker, I rise A true son of Livonia, Bob Duggan was born The Blue Ribbon Schools Program honors to recognize the Centennial of Naval Aviation at St. Mary’s Hospital, and there the incredibly public and private institutions whose students and its service to the United States of Amer- benevolent heart that led him to donate more achieve academic excellence or have made ica. than 120 pints of blood to the Red Cross in profound advancement in closing the gaps of Throughout the last century, the men and his lifetime stopped beating. Bob was a long achievement, especially among disadvantaged women of the United States Navy, Marine time member of St. Aidan Catholic Church, and minority students. Corps and Coast Guard who have heeded where he had served as an altar boy and faithfully attended every Sunday. He was a re- To be named a Blue Ribbon School is to freedom’s call have become America’s front line of defense. Generation after generation of altor who loved the Detroit area, and an avid join an elite group. Of over one hundred thirty sports fan. thousand schools in the United States, just children from the Emerald Coast have Regrettably, on November 3, 2011, Robert over 6,000 have received this honor since its watched our country’s finest aviators overhead Duggan passed from this earthly world to his creation by the Department of Labor in 1982. and dreamt of following in their footsteps. I am proud to say that the First Congressional Dis- eternal reward. He is survived by his beloved Today, as we celebrate the accomplishment trict of Florida holds a special place in its heart parents, Patrick and Joan, and his brothers of this exceptional Kentucky institution, it is my for the Blue Angels and all who fly in our na- Michael, Daniel, James, and Timothy. Bob hope that Woodfill Elementary School’s lead- tion’s defense. was a devoted uncle, and will long be remem- ing example of hard work and growth encour- Naval Air Station Pensacola, NAS Pensa- bered by 13 nieces and nephews. age schools across the nation to strive for the cola, welcomed its first aviation unit on Janu- Mr. Speaker, Robert Duggan is remembered same level of excellence. ary 20, 1914, less than three years after the as a dedicated son, devoted brother, loving Mr. Speaker, please join me in commending Navy purchased its first planes. On December uncle, and a true friend. Bob was a man who the students, teachers, and administration of 7, 1917, Pensacola was designated as the deeply treasured his family, friends, commu- Woodfill Elementary School for their devotion first permanent U.S. Naval Air Station. It was nity, and his country. Today, as we bid Robert to the success of the youth of the Common- America’s sole Naval Air Station until World Duggan farewell, I ask my colleagues to join wealth of Kentucky and the United States of War I. In the ensuing years, tens of thousands me in mourning his passing and in honoring America. of America’s finest Naval Aviators have trained his devotion to our country and community.

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A04NO8.011 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS November 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2011 CONGRATULATING THE AIDS CEN- Over 90 percent of the world’s microturbines As we recognize their selfless dedication TER OF NEW YORK CITY FOR 20 are manufactured right here in the United and accomplishments, we must be reminded EXCELLENT YEARS OF SERVICE States by American workers for American of the challenges many veterans face when companies. And of the U.S. manufacturers, returning home from tours in Iraq and Afghani- HON. CHARLES B. RANGEL one is located in Southern California and em- stan. Unfortunately, upon returning to civilian OF NEW YORK ploys a number of my constituents. Another life, many suffer from severe physical and IN THE HOUSE OF REPRESENTATIVES manufacturing facility is located in New Eng- mental wounds. In fact, 20 percent of all sui- land. American microturbine companies enjoy cides in the United States are veterans. Fur- Friday, November 4, 2011 a robust export market, which means cus- thermore, 25 percent of those who find them- Mr. RANGEL. Mr. Speaker, I rise today to tomers across the globe are increasing energy selves homeless are veterans and many of congratulate the AIDS Service Center of New efficiency and reducing pollution and their car- them are also unemployed. These figures are York City, for their 20 excellent years of serv- bon footprint. But sadly, the domestic market extremely alarming and quite frankly, unac- ing Manhattan by helping New Yorkers suf- is weak. Why? Because our incentive struc- ceptable. fering from HIV/AIDS and providing them the ture has failed to encourage the adoption of Mr. Speaker, as we welcome home the support to rebuild their lives. this readily available clean energy solution. thousands of American troops currently de- What started out as a small organization in This must change, and my bill will help in- ployed overseas, we must ensure that they re- 1990, the AIDS Service Center stands today crease deployment in our own country. ceive the benefits they rightly deserve. It is im- as a pillar in my community’s ongoing fight Where microturbines are deployed in the perative that we provide the very best edu- against the deadly disease that disproportion- United States, there are numerous success cational, medical, and employment benefits ately affects African-Americans and Hispanics stories. In the spirit of bi-partisanship, let me available to assist with their transition back in the District. Through the leadership of Di- highlight one in my home state. The Ronald home. rector Sharen Duke and the Center’s dedi- Reagan Presidential Library, which many of us On this day, I encourage all Americans to cated Board and staff, the AIDS Service Cen- have visited, deploys sixteen 65-kilowatt honor our nation’s veterans. My thoughts and ter has provided services to over 1,800 people microturbines that provide onsite electricity. In prayers are with those brave men and women each year, and engages with 18,000 people addition, the waste exhaust from the turbines and their families. Let us remember those who through their peer education and community heat the facility’s water supply and is then run have fought, those who have returned, and outreach initiatives. through an absorption chiller to provide air those who have not. We are forever indebted The work done by the AIDS Service Center conditioning to the Air Force One Pavilion. to their courage and dedication as well as of New York City is so crucial and needed all This innovative approach not only enhanced their service to this great nation. throughout our nation. In New York alone, the environment around the library by elimi- over 100,000 people live with HIV/AIDS, and nating the need to construct additional power f thousands more are unaware that they are liv- lines, but it also saves the facility over RECOGNIZING DR. JIMMY JONES ing with this terrible virus. I am forever grateful $300,000 per year in utility bills. UPON RECEIVING THE PHILIP O. for the significant impact the Center is making We have the opportunity to help businesses LICHTBLAU, M.D. AWARD in the lives of people in Manhattan. and families across the nation save energy I hope all my Colleagues in the House today and preserve the environment. And, by enact- will join my community and me in once again ing the American Microturbine Manufacturing HON. JEFF MILLER congratulating the AIDS Service Center of and Clean Energy Deployment Act, we will OF FLORIDA New York City for their 20 years of passionate create thousands of jobs. According to a re- IN THE HOUSE OF REPRESENTATIVES service. We must continue to advocate and cent survey of the microturbine industry, esti- Friday, November 4, 2011 support for our fellow brothers and sisters liv- mates are that the enactment of a 30 percent ing with HIV/AIDS until this epidemic no longer tax credit could immediately create over 2,000 Mr. MILLER of Florida. Mr. Speaker, I rise threatens the way of their lives. new jobs. During the first year of the new tax today to honor Dr. Jimmy Jones on receiving the Philip O. Lichtblau, M.D. Award. Dr. Jones f credit, enough new microturbines could be de- ployed to reduce greenhouse gas emissions has spent the last 45 years serving his pa- INTRODUCTION OF A BILL, THE tients, his community, and his country; and I by an estimated 170,000 tons of CO2. These AMERICAN MICROTURBINE MAN- numbers will only increase the years after the am proud to recognize his lifetime of achieve- UFACTURING AND CLEAN EN- tax credit is enacted. While the potential of ments. ERGY DEPLOYMENT ACT OF 2011 this energy technology is huge—eventually After graduating from the University of Ten- representing tens of thousands of jobs in the nessee Medical School in 1956, Dr. Jones HON. LINDA T. SA´ NCHEZ U.S. alone—deployment has been held back began his medical career with the U.S. Naval OF CALIFORNIA by the lack of incentive support. Hospital in Queens, New York. He continued IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, two of the most overarching his active duty service as a flight surgeon in the Navy through 1959. Dr. Jones remained in Friday, November 4, 2011 public policy goals of the Congress and the country are to create jobs and promote energy the Naval Reserve and retired in 1997 with the ´ Ms. LINDA T. SANCHEZ of California. Mr. efficiency and independence. I strongly believe rank of Captain. After 1960, he worked in Bos- Speaker, I rise today to introduce a bill, the that microturbine technology is a key compo- ton, practicing general surgery, thoracic sur- American Microturbine Manufacturing and nent in our efforts to meet these challenges. gery, and ultimately pediatric surgery, which Clean Energy Deployment Act of 2011. This is an American-invented technology and became his life’s calling. In 1972, he moved to This bill builds on the great American tradi- an American-dominated industry. We should the Gulf Coast, serving as a pediatric surgeon tion of innovation and manufacturing. It will keep it that way. I urge our colleagues to join at Sacred Heart Children’s Hospital in Pensa- help our country create new high-paying jobs, me in supporting this clean, innovative Amer- cola, Florida. For 35 years, he was the only promote investment in the clean energy econ- ican industry. pediatric surgeon in the Panhandle. Dr. Jones omy, and reduce air pollution and greenhouse returned to active duty from 1990–1997 as a f gas emissions. surgeon in both Pensacola and Okinawa, The bill would accomplish these goals by IN HONOR OF VETERANS DAY Japan. Following his naval retirement, he re- establishing a 30 percent investment tax credit turned to Northwest Florida as Surgeon-in- for microturbines, thereby granting parity with HON. ALCEE L. HASTINGS chief of the Pensacola Nemours Children’s other renewable and fuel cell technologies. OF FLORIDA Clinic. In 2005, Dr. Jones became the Assist- Microturbines, which have been supported by IN THE HOUSE OF REPRESENTATIVES ant Medical Director at the clinic, where he re- research and development funding from the mains today. Department of Energy, are small, ultra low Friday, November 4, 2011 Beyond his extensive career accomplish- emission gas turbines that produce usable effi- Mr. HASTINGS of Florida. Mr. Speaker, I ments, Dr. Jones has given his life to serving cient thermal energy and clean electrical rise today to honor America’s veterans, who the children of our community. He works ex- power. While used most often in commercial have courageously served our nation. These tensively with the Sacred Heart Foundation, buildings, microturbines have a wide range of brave men and women deserve a debt of grat- the Children’s Miracle Network, and founded applications, including renewable power, hy- itude for their commitment to protecting the lib- the local Caduceus Society to create a mech- brid electric buses, trucks, and cars. erties that are the foundation of our country. anism for physicians to contribute towards

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A04NO8.014 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS E2012 CONGRESSIONAL RECORD — Extensions of Remarks November 4, 2011 medical education for non-physicians. Count- TRIBUTE TO JUDGE FERRILL IN HONOR OF WARREN EJIMA, less nurses, pharmacists, and physical thera- DAVID MCRAE TOM FUJIMOTO, ASA HANAMOTO, pists have benefited from the Society’s sup- MAS HASHIMOTO, HIROSHI ITO, port. Dr. Jones volunteers with the Fiesta of THOMAS SAKAMOTO, MARVIN Five Flags, the Rotary Club, and the Whibbs HON. JO BONNER IRATSU, AND WILLIAM H. OMOTO Maritime Park Board of Trustees, advising the OF ALABAMA community on its signature downtown devel- HON. SAM FARR IN THE HOUSE OF REPRESENTATIVES opment project. OF CALIFORNIA Dr. Jones’ contributions to the pediatrics Friday, November 4, 2011 IN THE HOUSE OF REPRESENTATIVES profession and his community service extend Friday, November 4, 2011 well outside official capacities. For many Mr. BONNER. Mr. Speaker, I rise today to years, he made monthly trips from Pensacola pay tribute to the memory of an outstanding Mr. FARR. Mr. Speaker, I rise today to rec- to Panama City to see patients in the Chil- member of our community, former Mobile ognize Warren Ejima, Tom Fujimoto, Asa dren’s Medical Services (CMS) clinic and in County Circuit Judge Ferrill David McRae, a Hanamoto, Mas Hashimoto, Hiroshi Ito, Thom- local pediatricians’ offices, thereby saving fam- longtime resident of Mobile, Alabama, who as Sakamoto, Marvin Iratsu, and William H. ilies travel expenses. Today, despite his offi- passed away October 20, 2011, at the age of Omoto for their courageous service to our Na- cial retirement, Dr. Jones continues to serve 77. tion during World War II as part of the Military as the Assistant Medical Director at Nemours, Intelligence Service (MIS). Judge McRae was known for his fairness Established on November 1, 1941, MIS arriving daily to help the children of our com- and steadfast dedication to the principles of graduated 6,000 service members during munity heal and live a better life. The Philip O. justice for all. He sat on the bench during his- World War II to provide critical Japanese lan- Lichtblau Award, given annually by The Flor- toric times and always dedicated himself to guage capabilities to the American military. ida Pediatric Society to a surgeon who has upholding the law. These brave servicemen and women provided contributed significantly to the CMS program, translation, interpretation and code breaking is a testament to his life of service. Originally a native of Irvine, Kentucky, but reared in Mobile, Judge McRae graduated services in the essential Pacific Theater, which Mr. Speaker, on behalf of the United States from Murphy High School in 1952. He later at- contributed significantly to our Nation’s victory. Congress, I am privileged to honor Dr. Jimmy tended The University of Alabama, earning a Primarily comprised of Nisei, second-gen- Jones on his success. My wife Vicki and I are B.S. in Accounting in 1959, and a Juris Doc- eration Japanese-Americans who faced crush- proud to congratulate Dr. Jones, his wife torate from the University’s law school in ing prejudice and discrimination in the United Deana, and four children Susannah Frazier, 1961. While at the University, Judge McRae States at the same time many of their family Chuong Vu, Meredith Wolf, and Michael Jones earned part of his tuition money by tutoring members were serving their country, this ex- on this truly special occasion. football players during the tenure of legendary ceptional group has received honors and com- football coach Paul ‘‘Bear’’ Bryant. mendations of the highest level. In 2000, the f Military Intelligence Service received the Presi- For many, earning two college degrees dential Unit Citation, the highest possible would dominate their time. However, Judge IN RECOGNITION OF WORLD honor for a military unit, and in 2010 the 6,000 McRae also found time during his scholarly STROKE DAY graduates of the MIS were awarded the Con- pursuits to honorably serve his country. He gressional Gold Medal, the highest civilian was called to active duty in the United States award given in this country. The Gold Medal HON. LOIS CAPPS Army from 1957–59 during which time he ceremony conferring this honor was held this achieved the rank of sergeant. He continued OF CALIFORNIA week in the U.S. Capitol and was attended by to serve as a member of the reserves until IN THE HOUSE OF REPRESENTATIVES many of these courageous men. At the end of 1962. the war, General Charles Willoughby, Chief of Friday, November 4, 2011 In 1961, with his studies and military service Staff for Military Intelligence under General Mrs. CAPPS. Mr. Speaker, I rise today in largely behind him, Judge McRae was admit- MacArthur, said that ‘‘The Nisei shortened the recognition of World Stroke Day, which was ted to practice law in the Trial and Appellate Pacific War by two years and saved possibly observed on October 29, 2011. Courts of the state of Alabama, and was ad- a million American lives and saved probably mitted to practice before the U.S. District Stroke is a global health crisis that kills six billions of dollars’’ during the conflict. Court for the Southern District of Alabama, the Initially run out of an airplane hangar on million people annually. While some stroke U.S. Court of Appeals for the 5th Circuit, and Crissy Field in San Francisco, the Military In- survivors gain full functionality back, 30–50% the U.S. Supreme Court. telligence Service was forced to relocate to of survivors require the support of a caregiver Camp Savage in Minnesota in 1942 after or have difficulties returning to work. While After just four years of practicing law, Judge President Roosevelt ordered the relocation of these numbers are startling, they do not ade- McRae had distinguished himself in the local Japanese on the West Coast into internment quately address the emotional toll which bar such that he became a logical choice to camps. The language school continued to stroke survivors and their families must deal be appointed to the Circuit Court bench by grow rapidly from its base at Camp Savage, with, let alone the associated financial hard- then-Governor George C. Wallace. Judge and by 1944 had moved again, to Fort ships which accompany a stroke. McRae served a total of five years as a Do- mestic Judge and seven terms as a Circuit Snelling in St. Paul, to accommodate its in- While there are numerous risk factors that Judge in the 13th Judicial Circuit. He returned creasing enrollment. After the war ended the increase an individual’s risk of stroke, it can to the classroom to teach Business Law at the MIS moved to the Presidio in Monterey, Cali- affect anyone at any age so we all must be University of South Alabama for many years. fornia, where it continued to provide essential prepared. Use the ‘‘FAST’’ method to remem- As an avid fan of his beloved Crimson Tide, language services to the Department of De- ber the warning signs: Judge McRae was also a charter member of fense. F (FACE): Ask the person to smile. Does the Mobile Red Elephant Club. By the 1970s the Military Intelligence Serv- one side of the face droop? ice’s name had been changed to the Defense Judge McRae’s four decades on the bench Language Institute, and all of the Department A (ARMS): Ask the person to raise both not only advanced our system of justice, but arms. Does one arm drift downward? of Defense language programs were consoli- also the quality of Alabama’s court system. He dated to the Monterey location. From there the S (SPEECH): Ask the person to repeat a will be sorely missed by all who served with program grew into the Defense Language In- simple phrase. Is their speech slurred or him and by those who benefitted from his fair- stitute Foreign Language Center, which cele- strange? ness on the bench. brates its 70th anniversary on November 5, T (TIME): If you observe any of these signs, Mr. Speaker, I would ask the House to join 2011 with a ball in Monterey. call 9–1–1 immediately. me in extending our deepest condolences to Mr. Speaker, I am honored to be paying I am proud to pay tribute to the seven mil- his wife, Brenda, as well as their surviving tribute to this outstanding group of Japanese lion stroke survivors, their families and care children, Corinne, Leslie, Ferrill Jr., Liz, Americans who selflessly served our Nation givers and hope that the global community will Michelle, their grandchildren, their family and during World War II. I know I speak for the en- take part in the effort to reduce the impact of many friends. You are all in our thoughts and tire House of Representatives in honoring stroke in the future. prayers during this difficult time. these heroes.

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K04NO8.012 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS November 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2013 IN HONOR OF MR. THOMAS A. The firm later grew to include five offices and to come pay his respects at my mother’s fu- WILSON three hundred employees. He also oversaw neral. the expansion of Riverside Blueprint and Born Aug. 9, 1939 in Beaumont, Texas, Guy HON. DENNIS J. KUCINICH founded R.B. Graphics and Prefect Impres- R. Crowder moved with his parents—Guy OF OHIO sions, as well as many other successful busi- Rufus Crowder and Ruby (Crowder) Jones—to IN THE HOUSE OF REPRESENTATIVES ness ventures including J.F. Davidson Invest- Los Angeles in 1945. He attended Charton- ments. He faithfully went to the office until Pollard Elementary, Enterprise Junior High Friday, November 4, 2011 weeks before his passing. and Centennial High schools. He graduated Mr. KUCINICH. Mr. Speaker, I rise today in In addition to his professional accomplish- from Harbor College and completed photog- honor of Mr. Thomas A. Wilson, a cartoon art- ments, James was a citrus grower, avid gar- raphy courses at Trade-Technical College. ist whose character, Ziggy, brought joy to peo- dener and sports fan. Jim loved the ocean and Beginning in the 1960s, Guy was present to ple’s lives every day. spent many happy hours deep sea fishing. He record the trials and triumphs of black Mr. Wilson was born on August 1, 1931, in demonstrated his leadership in the community Angelenos for close to five decades. Taking Grant Town, West Virginia and raised in and served as President of the Riverside Ro- pictures for the Los Angeles Sentinel, the var- Uniontown, Pennsylvania. He served in the tary Club, Riverside Chamber of Commerce, ious Wave newspapers, and Johnson Publica- U.S. Army before graduating from the Art Insti- and the Riverside Community College Foun- tions’ Jet and Ebony magazines, he was there tute of Pittsburgh in the mid 1950s. Mr. Wilson dation. In addition, he was Chair of the Cancer to capture the glory days of Muhammad Ali began a nearly forty-year career with Cleve- Society Great American Smoke Out and nu- and the 1965 riots in Watts. Despite being land’s American Greetings in 1955. He spent merous other boards and organizations. shunned by the mainstream periodicals of the time writing romantic greeting cards and James is survived by his wife of 22 years, time, he won virtually every award and honor comedic greeting cards for the public. Gerri Bredemann Davidson, and her sons; Mi- available to a photojournalist. Guy Crowder’s Throughout his stay with American Greetings chael and William Bredemann. Jim’s children, work will forever be part of the American he served in several different executive roles grandchildren, and great-grandchildren in- memory. for the creative department. clude; Charlotte Davidson (Tony Adler) of Los I extend my deepest condolences to his lov- In 1971, Mr. Wilson created the character Angeles, her children; Caroline Dehe (Dr. ing 93-year-old mother; his wife, Patricia, to Ziggy and launched a cartoon series featuring Saahil Mahta) and Jim’s first great-grand- whom he was married for 51 years; a son, this average American character. Ziggy started daughter; Uma Elvetia Mehta, of London, Eng- Reginald, and four grandchildren: Reanna, off as part of a cartoon illustration collection land, and James Dehe (Karen DeSouza) of Renise, Ryan and Reggina. that had no words. The Universal Press Syn- Bombay, India; Ian James Davidson, Liam Da- f dicate worked with Mr. Wilson to put words vidson of Riverside; Hannah Davidson of Port- into the animation and bring Ziggy to life. He land, Oregon, and Sarah Davidson-Amici VOTER SUPPRESSION worked with the Universal Press Syndicate (Robert Amici), Dario and Caterina Amici of until he formed Ziggy and Friends. In 1987, Riverside; his first wife, Gretchen Holstein Da- HON. BARBARA LEE Mr. Wilson gave control of his comic strip, vidson, his sister Eileen Shamel, and many OF CALIFORNIA Ziggy and Friends, to his son and fellow car- nieces and nephews. He is preceded in death IN THE HOUSE OF REPRESENTATIVES toonist Tom M. Wilson. Ziggy cartoons con- by his parents and his sister Charlotte David- Friday, November 4, 2011 tinue to be published in more than 500 news- son Nickel. papers throughout the country and enjoyed by On Saturday, November 5, 2011, a memo- Ms. LEE of California. Mr. Speaker, I was millions. rial service celebrating James’ extraordinary unable to share the following remarks for the The Cleveland Museum of Art has honored life will be held at the first Congregational Special Order organized by Congresswoman Mr. Tom A. Wilson by exhibiting his artwork. Church in Riverside. James will always be re- MARCIA FUDGE on voter suppression on the Mr. Wilson has also had his artwork shown in membered for his incredible work ethic, gen- night of Tuesday, November 1, 2011: the Society of Illustrations and the Butler Insti- erosity, and love of family. His dedication to Let me thank Congresswoman FUDGE for tute of Art. his work, family and community are a testa- her leadership in protecting our democracy Mr. Speaker and colleagues, please join me ment to a life lived well and a legacy that will and the bedrock of our country: the right to in honoring the life and achievements of Mr. continue. I extend my condolences to James’ vote. Tom Albert Wilson. I offer my condolences to family and friends; although James may be We are here tonight to sound the alarm be- his wife, Carol; son, Tom; two daughters, Ava gone, the light and goodness he brought to cause make no mistake about it: the funda- and Julianne; and five grandchildren. the world remain and will never be forgotten. mental right to vote, which is at the heart of f f our democracy, is under attack. Republican legislators and governors are TRIBUTE TO JAMES FLEMING HONORING GUY CROWDER proposing partisan laws that require voters to DAVIDSON, JR. show a government-approved photo ID before HON. JANICE HAHN voting. HON. KEN CALVERT OF CALIFORNIA I came to this floor after the stolen Presi- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES dential election in Florida and Ohio to protest IN THE HOUSE OF REPRESENTATIVES the results of those two elections that were Friday, November 4, 2011 filled with voter suppression. Friday, November 4, 2011 Ms. HAHN. Mr. Speaker. I rise today to It worked for the Republicans before, and so Mr. CALVERT. Mr. Speaker, I rise today to honor the memory of Guy Crowder, who legislators in 42 states in our map of shame honor and pay tribute to James Fleming Da- passed away on October 30, 2011 at the age have doubled-down on these strategies to vidson, Jr. who passed away peacefully on his of 72 surrounded by his mother, his wife and make it harder for certain communities to vote. 86th birthday. James was a pillar of the com- his son. These proposals would disenfranchise 21 munity in Riverside, California and he will be Guy Crowder was a giant in the Los Ange- million Americans, over one-in-ten eligible vot- deeply missed. les community—a great photographer, busi- ers in America, who do not have adequate Jim was born on October 26, 1925, the son nessman, and mentor to many aspiring black identifications. of James F. Davidson, Sr. and Irene Reid. He photographers whom he hired at his studio, It is no coincidence that a disproportionate attended Magnolia Elementary, Central Middle ‘‘Guy’s Photography.’’ number of these affected voters come from School, and Poly High School. At 17, he en- Guy’s work is not only cherished by a grate- communities of color, as well as the poor, the listed in the United States Navy and served on ful Nation, but by my family in particular. In elderly, and students. a destroyer escort during World War II. addition to his greater-known works, Guy cap- Fully one in four otherwise qualified African After the war, Jim enrolled at the University tured moments of deep personal significance Americans would be unable to vote under of California at Berkeley where he received a to me. I will forever treasure the photos of my these voter-ID laws. Bachelor of Science degree and was a mem- father, L.A. County Supervisor Kenny Hahn. In my home state of California, a Voter ID ber of the Delta Upsilon Fraternity. Upon grad- His photographs chronicled my father’s career bill was introduced to suppress voter participa- uation he returned to his native Riverside and and I will forever be grateful his beautiful work. tion. It would cost $26 just to get the required joined his father in the prominent local Civil Even after his health began failing and he was documents to qualify for a government issued Engineering firm of J.F. Davidson Associates. confined to a wheelchair, he made it a point ID.

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K04NO8.016 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS E2014 CONGRESSIONAL RECORD — Extensions of Remarks November 4, 2011 This certainly looks like a poll tax to me, with her students to create interest in learning in Kandahar Province, Afghanistan, of injuries which those of us from the South know and science and to provide them with the tools for suffered when an insurgent rocket-propelled remember is a way to prevent African Ameri- success. Her faith in the public school system grenade exploded near him. cans from voting. and her advocacy for innovative, cutting-edge Sgt. Cullers was born in New London, CT These voter ID laws have a partisan agen- learning is especially important now, at a time and later moved with his family to Waterford, da, seeking to disenfranchise and deny spe- when improving our schools and expanding CT, where he attended school, graduating in cific populations of voters before they have the access to innovative science, technology, en- 2001. Cullers was known throughout the com- opportunity to elect their representatives in gineering and mathematics instruction is crit- munity for his kindness and his ability to make government. ical. people smile. As my friend, Principal Don These partisan laws are shameful and a dis- Ms. Donley was born in Boulder and re- Macrino of Waterford High School said, ‘‘He grace to our country. ceived both her undergraduate and graduate was a hard worker at school and he, I think, If these Republican lawmakers were truly degrees in molecular, cellular and develop- actually found himself when he got into the concerned with fighting voter fraud, they would mental biology at the University of Colorado. service. I think that was a place where he felt take on actual, documented problems such as She is truly a dedicated community member he could really make his mark.’’ distributing fliers with false information meant and educator, and I am honored to recognize He joined the Army in October 2004, served to trick voters, improperly purging voters, or her as the 2012 Colorado Teacher of the in Korea and Oklahoma, and arrived at Fort tampering with election equipment and forms. Year. Drum in December 2008, according to the Instead, they are pushing laws designed to f military. Cullers had previously served in Af- change election outcomes by reducing voting, ghanistan from December 2008 to December repressing turnout, and regressing us back- IN HONOR OF EL CENTRO DE 2009 and returned there with his unit in March wards in history. SERVICIOS SOCIALES 2011. Cullers, who deployed earlier this year, We will continue to press the Justice De- was a member of the 3rd Brigade Special partment for a vigilant and aggressive inves- HON. DENNIS J. KUCINICH Troops Battalion, 3rd Brigade Combat Team, tigation to protect the civil rights and the voting OF OHIO 10th Mountain Division, based out of Fort rights of Americans. IN THE HOUSE OF REPRESENTATIVES Drum, N.Y. Among his many awards and We cannot and must not allow our democ- decorations are the Army Commendation Friday, November 4, 2011 racy to be undermined. Medal, four Army Achievement Medals, the We must unmask these shameful attempts Mr. KUCINICH. Mr. Speaker, I rise today in Meritorious Unit Commendation, three Afghan- to disenfranchise voters. honor of El Centro de Servicios Sociales Para istan Campaign Medals, the NATO Medal, the Let’s stop these partisan efforts that strike at la Communidad Hispana, a non-profit group Combat Action Badge, and the Driver and Me- the core of our democracy. that serves the Greater Cleveland community. chanic Badge. Let’s win this war against voters. El Centro is a Hispanic-Latino non-profit ad- Sadly, Cullers is the third graduate of Wa- We are better than that! vocacy organization whose mission is to en- terford High School who was killed in combat I thank my colleagues for their calls to pro- hance the socio-economic status of the great- in the Middle East in recent years. His passing tect the right to vote for all citizens across this er Lorain County community by providing es- reminds all of us of the sacrifices that have nation. sential social, educational, cultural and com- been made, and continue to be made, by our f munity development services. Children in need military overseas—including Ari’s brother, are able to keep in contact with El Centro to Jacob, who also served in Iraq. While our na- CONGRATULATIONS TO THE COLO- individually seek solutions to their problems. tion has lost another hero, Ari Cullers’ family RADO TEACHER OF THE YEAR With the influx of Hispanic-Latino industrial has lost a beloved son and brother. My workers to the Lorain County community dur- thoughts and prayers, and those of my family HON. JARED POLIS ing the 1970s, the need for social, cultural and and the entire eastern Connecticut region, are OF COLORADO educational needs increased. In 1974, El with them now as they mourn. I ask that my IN THE HOUSE OF REPRESENTATIVES Centro de Servicios Sociales Para la colleagues join me in honoring Ari’s life and Communidad Hispana was formed in order to Friday, November 4, 2011 his service to our nation. address these problems by helping f Mr. POLIS. Mr. Speaker, I rise today to con- monolingual Spanish speakers transition in an gratulate Ms. Kristin Donley, an outstanding English speaking environment. El Centro also KATE PUZEY PEACE CORPS VOL- educator at Monarch High School. She has pi- works to prevent, treat and rehabilitate com- UNTEER PROTECTION ACT OF oneered innovative learning for the past 10 munity members with mental and physical 2011 years teaching physical science, chemistry health ailments. It also had a few clinics to and biology. Ms. Donley is an inspiration and specifically treat community members afflicted SPEECH OF an exemplary educator, and I am honored to with high blood pressure and diabetes. HON. LAURA RICHARDSON commend her for being named the 2012 Colo- Although El Centro began as a non-profit OF CALIFORNIA rado Teacher of the Year. that helped only Latino members of the com- IN THE HOUSE OF REPRESENTATIVES Her multifaceted approach to teaching goes munity, recently it has expanded its services Tuesday, November 1, 2011 beyond the textbooks and the standardized to support all members of the community. Re- tests to instill curiosity and inspiration in her cent economic hardships in the State of Ohio Ms. RICHARDSON. Mr. Speaker, on the students; it provides the building blocks for a have increased the need for community serv- evening of March 11, 2011, hundreds of peo- well-rounded understanding of the sciences. ices and El Centro has met that need by serv- ple gathered on the West Lawn of the United She has provided many opportunities for her ing about 2,000 people. States Capitol Building for a candlelight vigil students outside the classroom that truly pre- Mr. Speaker and colleagues, please join me honoring the memory of Peace Corps Volun- pare them with the skills and knowledge nec- in honoring El Centro de Servicios Sociales teer Kate Puzey. essary to compete and succeed. Her partner- Para la Communidad Hispana. Two years earlier on that date, Kate was ship with the University of Colorado Boulder f murdered while serving in Benin after she ac- allowed her students to spend a week at the cused a local teacher of sexually abusing his CU Mountain Research Station in Nederland, HONORING THE LIFE AND SERVICE students. Believing that Kate’s experience Colorado, where they had the opportunity to OF SGT. ARI CULLERS could be used to prevent similar tragedies, her do hands-on learning of cutting-edge research family and friends created ‘‘Kate’s Voice Advo- that directly led to their own research and the HON. JOE COURTNEY cacy Group’’ and began a nationwide cam- chance to compete competitively in the re- OF CONNECTICUT paign to urge reforms. gional science fair. IN THE HOUSE OF REPRESENTATIVES Collaborating with First Response Action, a She has expanded the number of opportuni- group representing Peace Corps Volunteers ties for her students to become passionate Friday, November 4, 2011 who were sexually or otherwise assaulted, learners by establishing and coordinating a Mr. COURTNEY. Mr. Speaker, I rise today ‘‘Kate’s Voice’’ met with lawmakers and tire- district science research seminar to have a to honor the life, service and sacrifice of Army lessly advocated policies designed to support peer science mentorship program for elemen- Sgt. Ari Cullers who lost his life serving in Af- and protect all Peace Corps Volunteers, at tary and middle school students. She works ghanistan. Sgt. Cullers died October 30, 2011, home or in the field.

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A04NO8.019 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS November 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2015 Tonight the House will consider S. 1280, the nature of this legislation, I am confident that S. ice, and great sacrifice not only defined their Kate Puzey Peace Corps Volunteer Protection 1280 is an enlightened response to the press- generation—they stand as a testament to the Act of 2011, which will enhance existing pro- ing concerns of Peace Corps Volunteers and fortitude of our Nation. cedures for victims of physical and sexual as- their families. I am tremendously proud to welcome the sault in the Peace Corps and establish clear As a committed friend of the Peace Corps Quad Cities Honor Flight and Iowa’s veterans protocols for handling and reporting confiden- and its mission, I urge my colleagues to sup- of the Second World War to our Nation’s cap- tial information within the agency. port this legislation and provide the resources ital today. On behalf of every Iowan I rep- Specifically, this legislation requires the necessary to implement it without threatening resent, I thank them for their service to our Peace Corps to provide enhanced sexual as- the operational capacity of the agency. country. sault risk reduction and response training to all The remarkable collaboration that conceived f volunteers and integrate that knowledge with the Kate Puzey Act was an unparalleled labor safety and security protocols at every Peace of love. It was an earnest push to strengthen RECOGNIZING WHIRLPOOL Corps post. Volunteers in training will receive the program and prepare it for the future. It CORPORATION an in-depth analysis of the particular risks they was not meant to hurt or punish the agency. face in a given country and be provided with One of the witnesses at the May 11th hear- HON. FRED UPTON clear, written guidelines regarding whom to ing put it bluntly: ‘‘I would be devastated if my OF MICHIGAN contact and what steps to take in the event of testimony were used to stop Peace Corps IN THE HOUSE OF REPRESENTATIVES a sexual assault. funding, cut funding, or eliminate the Peace Friday, November 4, 2011 S. 1280 creates an anonymous hotline for Corps.’’ Mr. UPTON. Mr. Speaker, I rise today in reporting sexual assaults and sets up re- I strongly encourage my colleagues to keep recognition of the Whirlpool Corporation on the sponse teams that will be deployed the mo- that thought in mind as we consider this bipar- tremendous occasion of its 100th anniversary. ment an incident is reported. A certified vic- tisan legislation, which is the legacy of many Headquartered in Benton Harbor, Michigan, tim’s advocate who answers to the Director of extraordinary Americans, some of whom never Whirlpool is the global leader in the home ap- the Peace Corps will be required on staff to returned from their missions abroad. pliance industry: delivering products of un- oversee the initiative and manage data collec- To honor the memories of fallen Volunteers, matched quality to customers in virtually every tion for further studies analyzing safety and respect the survivors who courageously corner of the world. security trends. shared their stories, and encourage the next Since its founding in 1911, Whirlpool has Mr. Speaker, the Peace Corps has sent generation which recognizes the power of continued to build upon its well-earned reputa- over 200,000 Americans to live and work in service, I will vote for this legislation in its cur- tion as a socially and environmentally con- 139 developing countries since it was estab- rent form, and I urge my colleagues to do like- scious company by improving the quality of life lished by an executive order from President wise. in countless communities, fostering strong pri- John F. Kennedy on March 1, 1961. Now in its f vate-public partnerships, and setting the indus- 50th year, the agency continues to fill the try standard for energy efficiency and con- gaps left behind by conflict, strife, and environ- WELCOMING AND HONORING THE VETERANS OF THE NOVEMBER 3, servation. mental degradation around the globe. For 2 Much has changed for the company in the years they develop partnerships, gain valuable 2011 QUAD CITIES, IOWA HONOR FLIGHT past 100 years, but through it all Whirlpool has knowledge, and help their communities meet remained true to its Midwest, hometown roots. local development goals. In the process, they Michigan has faced more than its fair share of build lifelong bonds and gain a greater under- HON. DAVID LOEBSACK challenges through the recent economic down- standing of America’s place in the world. OF IOWA turn, but companies like Whirlpool are helping The world in which Peace Corps Volunteers IN THE HOUSE OF REPRESENTATIVES lead the way for our State’s recovery and to work is the real world, Mr. Speaker. It can be Friday, November 4, 2011 restore our Nation’s economic competitive- dangerous and uncertain. Therefore, issues of ness. health and safety are of critical concern, espe- Mr. LOEBSACK. Mr. Speaker, today I have the great honor of welcoming to our Nation’s The company is currently undertaking the cially during those first few months it takes a multimillion-dollar construction of a state-of- volunteer to adjust to the realities of his or her capital eighty-nine Iowa veterans of the Great- est Generation. Accompanied by seventy vol- the-art headquarters office campus in Benton new life. Harbor. Whirlpool has also played an integral The provisions of this legislation were devel- unteer guardians, these veterans have trav- role in the half-billion-dollar Harbor Shores de- oped with extensive input from affected indi- elled to Washington, DC to visit the monument velopment project, which is revitalizing the St. viduals and their families, victims’ rights that was built in their honor. For many if not all of these veterans, today Joseph-Benton Harbor area. groups, Peace Corps senior staff, and the Re- Thank you to Whirlpool for a century of cre- turned Peace Corps Volunteer (RPCV) com- will be the first time they have seen the Na- tional World War II Memorial. I can think of no ating jobs and giving back—here’s to the next munity. Kate’s memory, embodied in her fam- 100 years. ily, friends, and supporters, moved the proc- greater honor than to be there when they see ess forward. their memorial for the first time and to person- f Peace Corps Director Aaron Williams testi- ally thank Iowa’s—and our Nation’s—heroes. IN RECOGNITION OF THE CLEVE- fied on May 11, 2011 at a hearing before the I proudly have in my office a piece of mar- LAND JUNIOR TAMBURITZANS House Committee on Foreign Affairs and af- ble from the quarry that supplied the marble firmed that he is committed to meeting the which was used to build the World War II Me- HON. DENNIS J. KUCINICH morial. That piece of marble, just like the me- goals espoused by Kate’s Voice and First Re- OF OHIO morial that it built, reminds me of the sacrifices sponse Action. IN THE HOUSE OF REPRESENTATIVES ‘‘The Peace Corps has not always been suf- of a generation that, when our country was ficiently responsive or sensitive to victims of threatened, rose to defend not just our Nation Friday, November 4, 2011 crime and their families,’’ he admitted. He but the freedoms, democracy, and values that Mr. KUCINICH. Mr. Speaker, I rise today in went on to offer a public apology and de- we hold so dear. They did so as one people honor of the Cleveland Junior Tamburitzans, a scribed how such attitudes are changing on and one country. Their sacrifices and deter- group which has been promoting Croatian arts his watch. mination in the face of great threats to our and culture for more than fifty years. Indeed, much of the substance of S. 1280 way of life are both humbling and inspiring. Established in 1959, The Cleveland Junior is already being implemented within the agen- The sheer magnitude of what they accom- Tamburitzans are a parent sponsored non- cy. Director Williams created the Victim’s Ad- plished, not just in war but in the peace that profit group whose members range in age vocate position and signed a memorandum of followed has stood as an inspiration to every from 5 to 21 years old. The group performs understanding with the Rape, Abuse and In- generation since. The Greatest Generation did songs and dances to traditional Croatian cest National Network (RAINN), the nation’s not seek to be tested both abroad by a war music in order to celebrate and honor their largest anti-sexual violence organization, to that fundamentally challenged our way of life heritage. The group is currently comprised of collaborate and share resources on sexual as- and at home by the Great Depression and the more than 100 children who are under the di- sault prevention and response. rebuilding of our economy that followed. But, rection of Katarina Lukacevic and Tom Mr. Speaker, based on the Peace Corps re- when called upon to do so, they defended and Salopek. The Tamburitzans have held con- ceptivity to these reforms and the bipartisan then rebuilt our Nation. Their patriotism, serv- certs in Canada, Croatia, and throughout the

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A04NO8.022 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS E2016 CONGRESSIONAL RECORD — Extensions of Remarks November 4, 2011 United States. The group’s purpose is to pre- his post 9/11 report, as well as from damage II veteran had to pay for a voter photo ID, serve and celebrate the culture of Croatia. to our military readiness, as Secretary of De- even though the state law required that the Cleveland’s Croatian community is among fense Panetta testified earlier this year. But IDs be given free of charge. Another 91-year- the most robust in North America. Croatians our vulnerabilities also include the intellectual old woman was reportedly unable to receive have played a pivotal role in developing the property that is a critical driver of our econ- her ID because she was physically unable to businesses and industries which helped make omy. stand in long and crowded lines at the DMV Cleveland great. Their presence provided ad- Cyber threats to our intellectual property are with her cane. ditional diversity to our growing city and mem- growing more numerous, sophisticated, and Students at the University of Wisconsin- bers of the Croatian community have made successful. As noted by a recent report from Madison serve as a microcosm of college pop- valuable contributions to the area’s athletics, the National Counter Intelligence Executive, ulations that now face extreme hurdles as arts, and music. In 1949, Cleveland was the vital intellectual property is targeted and stolen their once-accepted student ID cards no first city to bring traditional Croatian song and in cyberspace every day as these threats be- longer qualify as acceptable forms of ID in dance together with the founding of the Amer- come more damaging and extensive. While several states. And news of a Florida teacher ican-Croatian Singing Association. the cost of a data breach can run well into the being unable to register several of her stu- Mr. Speaker and colleagues, please join me millions, even that loss is dwarfed by the long dents—an act she customarily does every in recognition of the Cleveland Junior term damage to America’s ability to remain the year as part of her educational curriculum on Tamburitzans, just one of the many bright world leader in innovation, especially in our civic engagement highlights the civil penalties spots of Cleveland’s Croatian community. high tech and defense sectors. third party registrants face as they merely at- f All of this should tell us that the status quo tempt to assist others become part of the polit- is not good enough. We need to redouble our ical process. OUR UNCONSCIONABLE NATIONAL efforts and tap into our creative and innovative This suppression is affecting all classes, DEBT spirit to address not just the threats of today, races, and ages, and we owe it to the general but the challenges of tomorrow as well. This public to join in their public outrage against HON. MIKE COFFMAN will require better education and action from these attacks, which threaten to move Amer- OF COLORADO both industry and government, as we come to- ica backwards to a period in our history that IN THE HOUSE OF REPRESENTATIVES gether to strengthen our public-private- part- was ugly, discriminatory and crippling. At the core of all fundamental rights is the Friday, November 4, 2011 nership. But if we fail to leverage our own abilities and work through these challenges, right to vote. As voting rights experts have Mr. COFFMAN of Colorado. Mr. Speaker, our personal privacy, national security and noted, the recent stream of laws passed at the today our national debt is economic competitiveness will be irreparably state level are a reversal of policies—both fed- $14,973,228,608,405.04. harmed. eral and state—that were intended to combat On January 6, 2009, the start of the 111th I applaud the Department of Homeland Se- voter disenfranchisement and boost voter par- Congress, the national debt was curity for sponsoring this month of outreach. ticipation. That is why I sent a letter to the $10,638,425,746,293.80. As a Co-Founder and Co-Chairman of the Chairman of the Judiciary Committee this This means the national debt has increased House Cybersecurity Caucus, I will continue to week, asking that hearings be held to ensure by $4,334,802,862,111.24 since then. This fight to deliver the latest tools and training to that our federal laws in place to protect access debt and its interest payments we are passing support both our national security infrastruc- to voting are being enforced. to our children and all future Americans. ture and the personal data of all Americans. Ensuring that every veteran, senior citizen, f f student—whether natural born or naturalized— has the right to vote should not be a partisan CYBERSECURITY AWARENESS VOTER SUPPRESSION IN AMERICA issue. It should be the very purpose of this MONTH Congress since it is a priority to our democ- HON. JOHN CONYERS, JR. racy. I urge every elected official who is a HON. JAMES R. LANGEVIN OF MICHIGAN beneficiary of our electoral system, to support OF RHODE ISLAND IN THE HOUSE OF REPRESENTATIVES the protection of every American citizen’s right IN THE HOUSE OF REPRESENTATIVES to have access to voting. Friday, November 4, 2011 CONGRESS OF THE UNITED STATES, Friday, November 4, 2011 Mr. CONYERS. Mr. Speaker, I rise today HOUSE OF REPRESENTATIVES, COM- Mr. LANGEVIN. Mr. Speaker, I rise today to with my fellow colleagues to urge this Con- MITTEE ON THE JUDICIARY, recognize October as the eighth annual Na- gress to protect our access to the ballot, which Washington, DC, October 31, 2011. tional Cybersecurity Awareness Month. The has come under assault in several states Hon. LAMAR SMITH, National Cyber Security Alliance, the Multi- Chairman, Committee on the Judiciary, House across America. of Representatives, Washington, DC. State Information Sharing and Analysis Cen- The strongest sound that exists in a demo- DEAR CHAIRMAN SMITH: We write to request ter, the Department of Homeland Security, and cratic society is the one voiced during our a hearing to address the wave of recent other organizations developed the ‘‘STOP. elections. However, I am troubled that over 5 changes in state voting laws that make it THINK. CONNECT.’’ national awareness cam- million Americans are at risk of having their more difficult for Americans to cast a ballot. paign to educate our citizens and help them votes suppressed by laws that have turned A recent report released by the Brennan Cen- stay safer online. It is vital that the public is back the clock on significant freedoms and ac- ter for Justice entitled ‘‘Voting Law Changes engaged and aware of how to properly utilize cessibility achieved in many states before the in 2012’’ has concluded that more than 5 mil- lion voters could be impacted by the recently security software in order to protect their so- 2010 elections. enacted legislation. The provisions that cial security numbers, financial information, Today, I stand in strong opposition to legis- present the most serious concerns include: health information, and other personal data. lative tools that aim to repress the most impor- Provisions that limit voting by requiring We must all work together and take responsi- tant right to civic engagement and empower- the presentation of photo identification: bility for securing our own networks and com- ment, the right to vote. Laws that exclude the most common puters to ensure that government systems, The impact of recent voter suppression laws forms, of identification (e.g., student IDs and personal data and even critical infrastructure is spiraling out of control, as evidenced by re- Social Security cards), yet offer no alternate identification procedures for eligible voters. remain safe from attack. cent current events. For example, a 96-year- Changes requiring proof of citizenship as a Recently, Deputy Secretary of Defense Wil- old Tennessee woman was denied a voter ID condition for voter registration: liam Lynn noted to Foreign Affairs magazine under Tennessee’s new law because she was Limitations or outright elimination of that our Nation is shifting its priorities in cyber- unable to locate her marriage certificate—even early voting opportunities. space, recognizing that attacks online can be though she produced everything from a copy Barriers to first time voters such as the as threatening as bullets and bombs. Addition- of her lease, voter registration card, birth cer- elimination of same day registration and ally, the importance of cyber to not just our tificate and a rent receipt. After voting for over limitations on voter mobilization efforts. These changes in state voting laws raise national security, but also our economic com- 70 years in all but two elections, this was the serious constitutional concerns under both petitiveness, cannot be overstated. The first time her right to vote was suppressed. the Equal Protection Clause of the Four- vulnerabilities our Nation faces in cyberspace Even our Nation’s soldiers and war heroes teenth Amendment and the Fifteenth come from potential attacks against critical in- have been disenfranchised by some of these Amendment. For example, requiring citizens frastructure, as described by Lee Hamilton in new laws. Recently, an 86-year-old World War to expend significant funds to obtain a photo

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\K04NO8.018 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS November 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2017 ID to vote runs afoul of the prohibition on to vote should not be a partisan issue; rather count, because Rhode Island’s new law’s re- poll taxes set out by Harper v. Virginia it is the very linchpin of our democracy. quirements are significantly less onerous Board of Elections. The Supreme Court in Sincerely, than those in the other states. Crawford v. Marion Co. Election Board noted JOHN CONYERS, Jr., 2. 240,000 additional citizens and potential that elderly, persons born out of the state, Ranking Member, voters affected by new proof of citizenship persons with economic limitations, homeless Committee on the Ju- laws. New proof of citizenship laws will be in people, and even people with religious objec- diciary. effect in three states (Alabama, Kansas, Ten- tions to being photographed may be bur- JERROLD NADLER, nessee), two of which will also have new dened by photo ID laws. We are also con- Ranking Member, Sub- photo ID laws. Assuming conservatively that cerned that these prohibitions violate the committee on the those without proof of citizenship overlap spirit and the letter of the Voting Rights Act Constitution. substantially with those without state- issued photo ID, we excluded those two of 1965, the Help America Vote Act, and the BRENNAN CENTER FOR JUSTICE, NEW YORK states. The citizen voting age population in National Voter Registration Act. UNIVERSITY SCHOOL LAW The Brennan Center Report found that the remaining state (Alabama) is 3.43 mil- these changes in state election regulations OVERVIEW: VOTING LAW CHANGES IN 2012 lion; 240,000 (7 percent) of those potential will have a particularly significant impact A shift that could change the electoral voters do not have documentary proof of on minority voters. The report concluded landscape is underway—the tightening of re- citizenship. that African American and Hispanic voters strictions on who can vote and how Ameri- 3. 202,000 voters registered in 2008 through were more likely to take advantage of early cans can vote. Going into the 2012 elections, voter registration drives that have now been voting opportunities and register to vote there will be millions of Americans who will made extremely difficult or impossible under through the types of voter registration find that since 2008, there are new barriers new laws. Two states (Florida and Texas) drives now curtailed or eliminated by the that could prevent them from voting. passed laws restricting voter registration new laws. SUMMARY drives, causing all or most of those drives to Most critically, the Report noted that stop. In 2008, 2.13 million voters registered in In the first three quarters of 2011, state many of the new voter identification laws do Florida and, very conservatively, at least governments across the country have sud- not allow voters to present many forms of 8.24 percent or 176,000 of them did so through denly enacted an array of new laws and poli- identification frequently used by minorities, drives. At least 501,000 voters registered in cies making it harder to vote. Some states the elderly, and the young. For example, the Texas, and at least 5.13 percent or 26,000 of require voters to show government-issued new Texas law allows for the use of a con- them did so via drives. photo identification, often of a type that as cealed carry gun permit to vote, but fails to 4. 60,000 voters registered in 2008 through many as one in ten voters do not have. Other recognize student IDs, Texas Veterans’ Ad- Election Day voter registration where it has states have cut back on early voting, a ministration identification and even Con- now been repealed. Maine abolished Election hugely popular innovation used by millions gressional identification. Further, Texas Day registration. In 2008, 60,000 Maine citi- of Americans. Two states reversed earlier re- citizens must also spend $22 to obtain a birth zens registered and voted on Election Day. forms and once again disenfranchised mil- certificate or up to $145 to obtain a passport 5. One to two million voters who voted in lions who have past criminal convictions but to present the documentation necessary to 2008 on days eliminated under new laws roll- who are now taxpaying members of the com- acquire a form of ID required to cast a bal- ing back early voting. The early voting pe- munity. Still others made it much more dif- lot. riod was cut by half or more in three states Numerous examples of the anti-democratic ficult for citizens to register to vote, a pre- (Florida, Georgia and Ohio). In 2008, nearly 8 impact of these new laws have already come requisite for voting. million Americans voted early in these to our attention. A 96-year-old woman was These new restrictions fall most heavily on states. An estimated 1 to 2 million voted on denied a voter ID under Tennessee’s new law young, minority, and low-income voters, as days eliminated by these new laws. even though she has voted in all but two well as on voters with disabilities. This wave 6. At least 100,000 disenfranchised citizens elections over the last 70 years and produced of changes may sharply tilt the political ter- who might have regained voting rights by a rent receipt, a copy of her lease, her voter rain for the 2012 election. Already 19 new 2012. Two states (Florida and Iowa) made it registration card, and her birth certificate. laws and two new executive actions are in substantially more difficult or impossible for Because her birth certificate had her maiden place. At least 42 bills are still pending, and people with past felony convictions to get name, Dorothy Alexander, rather than her at least 68 more were introduced but failed. their voting rights restored. Up to one mil- married name, officials demanded her mar- Already, it is clear that: lion people in Florida could have benefited These new laws could make it significantly riage certificate which she did not have. An- from the prior practice based on the rates of harder for more than five million eligible other 91-year-old woman in Tennessee was restoration in Florida under the prior policy, voters to cast ballots in 2012. unable to receive her ID because she was 100,000 citizens likely would have gotten The states that have already cut back on physically unable to stand in the long and their rights restored by 2012. Other voting re- voting rights will provide 171 electoral votes crowded lines at the DMV with her cane. strictions passed this year that are not in- in 2012—63 percent of the 270 needed to win Two days ago, we learned of an 80-year-old cluded in this estimate. the presidency. United States veteran and retired print shop THE WAVE OF NEW LAWS Of the 12 likely battleground states, as as- worker who had to pay for a voter photo ID. Photo ID laws. At least thirty-four states sessed by an August Los Angeles Times anal- A young voting age citizen seeking a free ID introduced legislation that would require ysis of Gallup polling, five have already cut in Wisconsin was questioned by a Wisconsin voters to show photo identification in order back on voting rights (and may pass addi- DMV employee about how much money he to vote. Photo ID bills were signed into law tional restrictive legislation), and two more had in his bank account and how much activ- in seven states: Alabama, Kansas, Rhode Is- are currently considering new restrictions. ity his bank account experienced. It has also States have changed their laws so rapidly land, South Carolina, Tennessee, Texas, and been reported that in Wisconsin, the state’s that no single analysis has assessed the over- Wisconsin. By contrast, before the 2011 legis- DMVs have been charging citizens improp- all impact. It is too early to exactly quantify lative session, only two states had ever im- erly for an ID because employees were in- how the changes will impact voter turnout, posed strict photo ID requirements. The structed not to clarify for citizens that the but we know they will be a hindrance to number of states with laws requiring voters ID’s were free. many voters at a time when the United to show government-issued photo identifica- Assertions that these broad restrictions States continues to turn out less than two tion has quadrupled in 2011. To put this into are needed to counter pervasive voter fraud thirds of its eligible citizens in presidential context, 11 percent of American citizens do do not appear to be supported by the evi- elections and less than half in midterm elec- not possess a government-issued photo ID; dence. For example, studies have found that tions. that is over 21 million citizens. only 24 people were convicted of, or pled Proof of citizenship laws. At least twelve Read the full report, Voting Law Changes guilty to, illegal voting at the federal level states introduced legislation that would re- in 2012, by the Brennan Center’s Wendy R. between the two Presidential and Congres- quire proof of citizenship, such as a birth Weiser and Lawrence Norden. sional elections leading up to the 2008 elec- certificate, to register or vote. Proof of citi- tions. Moreover, only 19 instances of ineli- MORE THAN 5 MILLION VOTERS IMPACTED? zenship laws passed in Alabama, Kansas, and gible voting were determined at the state We estimate more than 5 million voters Tennessee. Previously, only two states had level. could be affected by the new laws, based on passed proof of citizenship laws, and only one The right to vote is the foundation of all six key numbers. had put such a requirement in effect. The our other rights. In view of the gravity of 1. 3.2 million voters affected by new photo number of states with such a requirement this situation, we urge you to schedule hear- ID laws. New photo ID laws for voting will be has more than doubled. ings soon to address an issue so critical to in effect for the 2012 election in five states Making voter registration harder. At least our democracy. As voting rights experts (Kansas, South Carolina, Tennessee, Texas, thirteen states introduced bills to end highly have noted, the recent stream of laws passed Wisconsin), which have a combined citizen popular Election Day and same-day voter at the state level are a reversal of policies— voting age population of just under 29 mil- registration, limit voter registration mobili- both federal and state—that were intended lion. 3.2 million (11 percent) of those poten- zation efforts, and reduce other registration to combat voter disenfranchisement and tial voters do not have state-issued photo ID opportunities: Maine passed a law elimi- boost voter participation. Ensuring the right Rhode Island voters are excluded from this nating Election Day registration, and Ohio

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A04NO8.028 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS E2018 CONGRESSIONAL RECORD — Extensions of Remarks November 4, 2011 ended its weeklong period of same-day voter Mr. Speaker and colleagues, please join me rounding communities such as the Oak Park registration. Florida, Illinois and Texas in honoring Mrs. Ryan as she celebrates her and Pleasant Ridge. passed laws restricting voter registration 40th anniversary since coming to America. As the Chamber notes, many of its goals drives, and Florida and Wisconsin passed Her advocacy work continues to improve and ambitions following its creation in 1936 laws making it more difficult for people who after the Great Depression have been revived move to stay registered and vote. countless lives both in Cleveland and Vietnam. Reducing early and absentee days. At least f as the State of Michigan recovers from its nine states introduced bills to reduce their deep recession. As a testament to the Cham- early voting periods, and four tried to reduce PERSONAL EXPLANATION ber’s ability to evolve and strengthen with absentee voting opportunities. Florida, Geor- time, they have partnered with a number of gia, Ohio, Tennessee, and West Virginia suc- HON. GUS M. BILIRAKIS neighboring Chambers to form collaborative ceeded in enacting bills reducing early vot- OF FLORIDA relationships that capitalize on the strengths of ing. IN THE HOUSE OF REPRESENTATIVES each Chamber. Today, as in 1936, they are a Making it harder to restore voting rights. strong advocate for the betterment of the busi- Two states—Florida and Iowa—reversed Friday, November 4, 2011 prior executive actions that made it easier nesses, communities and residents they for citizens with past felony convictions to Mr. BILIRAKIS. Mr. Speaker, on Thursday, serve. restore their voting rights, affecting hun- November 3rd, I missed rollcall vote 823, for The Chamber’s mission over the last 75 dreds of thousands of voters. In effect, both unavoidable reasons. Had I been present, I years has been simple: to support the inter- states now permanently disenfranchise most would have voted as follows: ests of businesses and the community through citizens with past felony convictions. Rollcall vote No. 823, ‘‘no’’ (Vela´zquez of dynamic member-driven partnerships and ac- f New York Part A Amendment No. 4). tivities. f I have witnessed firsthand the success the IN HONOR OF MRS. GAI HOA RYAN Chamber has with accomplishing this goal. PERSONAL EXPLANATION From morning coffee hours and after hour HON. DENNIS J. KUCINICH events for member networking, to educational OF OHIO HON. LUIS V. GUTIERREZ workshops and large, community-wide events IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS such as the Hilton Fall Festival, the Chamber remains a vital part of the community it IN THE HOUSE OF REPRESENTATIVES Friday, November 4, 2011 serves. As we have all worked together to Mr. KUCINICH. Mr. Speaker, I rise today in Friday, November 4, 2011 move Oakland County forward, the Chamber honor of Mrs. Gia Hoa Ryan as she celebrates Mr. GUTIERREZ. Mr. Speaker, on Novem- has been on the forefront working with mul- her 40th anniversary since coming to America ber 1, 2011, I was unavoidably absent for tiple partners across the community toward from Vietnam in 1971. votes in the House chamber. Had I been common goals, such as rapid transit along the Born in Vietnam, Mrs. Ryan worked as a present, I would have voted ‘‘yea’’ on rollcall Woodward Avenue corridor. secretary and interpreter for the United States votes 816 and 817. Mr. Speaker, I ask my colleagues to join me during the Vietnam War. She immigrated to f in recognizing the Ferndale Area Chamber of the United States in 1971. Since immigrating, Commerce in recognition of its 75th anniver- Mrs. Ryan has been an active community 75TH ANNIVERSARY OF THE FERN- sary and wishing them many more years of ef- leader in the Greater Cleveland area. She is DALE AREA CHAMBER OF COM- fective service to the Oakland County busi- a teacher and lecturer of Asian culture, food, MERCE ness community. and society. She has been active with the Lo- f rain International Festival, and hosted the HON. SANDER M. LEVIN IN HONOR OF MR. CHUCK COLLIER 1995 Festival which honored Vietnam and the OF MICHIGAN Vietnamese people. Mrs. Ryan also served as IN THE HOUSE OF REPRESENTATIVES the coordinator for the Asian Community HON. DENNIS J. KUCINICH Project at Bridgeway from 1997 to 2003. This Friday, November 4, 2011 OF OHIO Project provided mental health care to hun- Mr. LEVIN. Mr. Speaker, I rise today to con- IN THE HOUSE OF REPRESENTATIVES dreds of Asian, Vietnamese, Laotian, and gratulate the Ferndale Area Chamber of Com- Friday, November 4, 2011 Cambodian families. merce in recognition of its 75th anniversary. Mr. KUCINICH. Mr. Speaker, I rise today in Mrs. Ryan has truly been a leader to Cleve- Beginning in 1934 as a small, localized honor and memory of radio D.J. Chuck Collier, land’s Asian community. She started the Asian Chamber, the Ferndale Area Chamber of a man who entertained Cleveland’s country Women’s Support Group in early 1980s. In Commerce has grown over the last 75 years music fans with tunes and colored com- 1993, she created the Friendship Foundation to become one of the most innovative busi- mentary for decades. of American Vietnamese. The organization ness organizations in Oakland County with Mr. Collier was born on May 6, 1946 in has provided humanitarian services to the nearly 300 members, ranging from sole propri- Greenfield and raised in New Vienna, Ohio. people of Vietnam by furnishing scholarships, etorships to the local offices of Fortune 500 He attended New Kenton High School, where building houses and schools, providing med- companies. he was his class president. During his time at ical services, educational materials, food and Prior to the incorporation of the City of Fern- the University of Cincinnati, he began his ca- clothing, and raising funds for the poor. She dale, the first acknowledgement of a ‘‘Board of reer in radio with a job at WSRW in Hillsboro, has also founded the Asian Community Mental Commerce’’ was made in the minutes of a Vil- Ohio in 1963. His graduation brought new op- Health Services as part of the West Side lage of Ferndale commission meeting in 1918. portunities, and he began working at WMWN Community Health Center to provide mental Comprised of local businessman, known as in Wilmington, WONE in Dayton, WSAI in Cin- health services for Asian families, senior citi- the Ferndale Boosters, the group worked to cinnati and WCBS in New York. The dedica- zens, and young people. Furthermore, in promote programs for the betterment of the tion it took to handle all of these jobs led to 2005, Mrs. Ryan established the Sai Gon business community. Mr. Collier landing a career at WGAR. For Plaza. The Plaza serves as a community cen- On May 14, 1936 the ‘‘Ferndale Board of forty years Mr. Collier was WGAR’s premiere ter in Northern Ohio for Asians, immigrants Commerce’’ was officially incorporated as a radio personality for country music, adult con- and various community groups. Mrs. Ryan has non-profit in the State of Michigan. The organi- temporary music and AM programming. While sponsored forty members of her family who zation became the ‘‘Ferndale Chamber of WGAR has changed its programming over the have come from Vietnam and helped them es- Commerce’’ sometime between 1951 and years, Chuck kept listeners tuning in through- tablish homes and businesses. 1965. In 2009, to reflect the growing geo- out the changes. Mrs. Ryan has also served on many com- graphic diversity of its membership, the Board In 2005, the Ohio Radio-TV Broadcasters munity boards including the Lorain County of Directors of the Ferndale Chamber of Com- inducted Mr. Collier into their Hall of Fame. Community Alcoholism Board, various boards merce voted to change the name to the ‘‘Fern- His fame over the radio brought him the Na- in the Detroit-Shoreway area, and the Mayor’s dale Area Chamber of Commerce.’’ This name tional Association of Broadcasters’ Marconi Community Relations Board of the City of change became official in 2010 and is more Award as Large Market Radio Personality of Cleveland. Most importantly she has raised reflective of the Chamber’s current member- the Year in 2007. In 2009, an especially re- her two children, Lynda Mia Ryan Shea and ship, which includes 40 percent non-Ferndale warding year for Mr. Collier, he was inducted Thomas Joseph Ryan. businesses, a large number coming from sur- into the Country Music Radio Hall of Fame.

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A04NO8.029 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS November 4, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2019 Mr. Speaker and colleagues please join me A TRIBUTE TO MICHAEL J. BURKE to the various causes and constituencies for in honoring the life and achievements of Mr. which she has fought. Through her important Chuck Collier. I offer my condolences to his HON. TOM LATHAM work with Big Sisters—one of the oldest and wife, Joni; daughter, Melanie; son, Jason; and OF IOWA most established youth mentoring programs in sister, Carolyn Taubenheim. IN THE HOUSE OF REPRESENTATIVES the country—Elaine has advised, coached, and helped numerous girls and young women Friday, November 4, 2011 f make healthy choices in their lives. Mr. LATHAM. Mr. Speaker, I rise today to Elaine has been a role model to many, ex- IN HONOR OF U.S. MARINE LANCE recognize Mr. Michael J. Burke, a former law hibiting these qualities on a daily basis CORPORAL JASON NICHOLAS enforcement officer, instructor and director of through her good deeds, passion for helping BARFIELD training in the State of Iowa, and express my others, and generous nature. Never one for appreciation for his dedication and commit- holding back, she has dedicated herself to ment to the great people of Iowa. helping young girls, including her grand- HON. MARTHA ROBY For the past 22 years, Mike has contributed children, believe there is nothing they cannot his time to the safety of the citizens and first do, become or achieve. To reflect on her work OF ALABAMA responders in the state of Iowa since begin- for our community is to reflect on a life of self- IN THE HOUSE OF REPRESENTATIVES ning his career as a detective with the Web- lessness, devotion, drive and, above all, care ster County Sheriff’s Department in Fort for her fellow neighbor. Friday, November 4, 2011 Dodge, Iowa. Mike’s law enforcement career I ask my colleagues to please join me in Mrs. ROBY. Mr. Speaker, I rise today to had many highlights, most notably being rec- congratulating Elaine Schuster as she is hon- recognize a fallen American hero. U.S. Marine ognized for outstanding service and meri- ored for her generosity, drive and initiative, and I urge others to learn from her leadership Lance Corporal (LCpl.) Jason Nicholas torious acts by the United States Attorney’s Office for his efforts behind the investigation and guidance. Barfield was killed on October 24, 2011, while and prosecution of a methamphetamine traf- conducting combat operations in support of f ficking organization. Operation Enduring Freedom. Reports indicate Upon leaving law enforcement, Mike initi- NATIONAL UNDERSERVED that LCpl. Barfield died as the result of trau- ated and coordinated the criminal justice pro- VETERANS AWARENESS WEEK matic injuries received when his patrol was gram at Iowa Central Community College. struck by an Improvised Explosive Devise in During his time with ICCC, Mike grew the pro- HON. JEFF DENHAM Helmand province, Afghanistan. He was only gram to new levels by initiating ‘‘hands-on OF CALIFORNIA 22 years old. training’’ for future criminal justice profes- IN THE HOUSE OF REPRESENTATIVES LCpl. Barfield, from Ashford, Alabama, was sionals. As coordinator and instructor of the Friday, November 4, 2011 assigned to the 3d Combat Engineer Battalion, program, Mike was recognized on two sepa- 3d Marine Division, Twenty Nine Palms, Cali- rate occasions for being a ‘‘Master Presenter’’ Mr. DENHAM. Mr. Speaker, in Congress we fornia. He is survived by his parents, Ray- by the National Institute for Staff & Organiza- have an obligation to care for our veterans in mond and Kelli Barfield, and seven siblings. tional Development. return for their financial challenges face them In 2003, I had the privilege of being involved long after their conclusion of active service LCpl. Barfield delivered the ultimate sacrifice in the creation of Homeland Security Training and while we have service and dedication to for our Nation. Undoubtedly, his loss will be Center at Iowa Central Community College of our Nation. For many veterans lifelong phys- most felt by his loved ones and friends. which Mike was appointed Director. Until his ical, psychological and made important strides Today, and each day following, my family and retirement from the training center in August of towards improving care for veterans, there is I extend our most heartfelt condolences to 2011, over 35,000 responders in Iowa re- still much to do. The most recent study from those close to him. ceived critical homeland security training the Department of Veterans Affairs estimated I recently had an opportunity to speak to through this program including thousands of that in 2009, approximately 76,000 veterans LCpl. Barfield’s father, Raymond. It was a law enforcement officers training to keep were homeless on any one particular day and moving conversation that I will forever remem- Iowa’s streets safer. 136,000 veterans were homeless at some ber. Mr. Barfield was gracious in spite of his Mike has truly made a significant impact on point during the year. grief, immensely proud despite his pain. Dur- the quality of life for citizens in the State of The stark reality is that veterans are more ing our conversation, I learned that, LCpl. Iowa with the qualified training he ensured likely than their civilian counterparts to suffer Barfield recently proposed to his girlfriend, Iowa’s responders would receive. His leader- from homelessness. In fact male veterans are Joyanna Champlin. So, today, I stand here not ship and dedication will be missed, but the 1.4 times as likely to be homeless than non- only to pay tribute to Jason’s sacrifice, but blueprint he leaves behind will be a model for veterans and female veterans are two to four also to recognize the memorable people who the program’s continued success far into the times as likely to be homeless. Col. Darryl C. Hunter, M.D., founder and director of the Sac- held prominent positions in this patriot’s life. future. ramento Community Veterans Alliance has The family and friends of our heroes are in- I consider it an honor to represent Mike and stated that ‘‘by conservative estimates, up to deed heroes themselves. all of ICCC in the United States Congress. I wish Mike, his wife Cindy and their two chil- 30 percent of the homeless population is com- We are blessed that our nation is pro- dren, Megan and Robby, the best of luck as prised of those who have worn the uniform of tected—day after day, year after year—by they enter this new chapter of their lives to- our Nation’s military.’’ In addition to homeless- courageous American service men and gether. I ask my colleagues to join me in con- ness, research has found that troops returning women. Those in uniform standing on the front gratulating Mike for his stellar career. from Iraq and Afghanistan are at an increased lines risk everything in order to defend and f risk of developing mental health problems, serve. Their commitment to our country is with over 15 percent already diagnosed with demonstrated through their selfless sacrifices IN RECOGNITION OF ELAINE depression, anxiety, or PTSD. Many of these and unwavering courage. We owe them, and SCHUSTER veterans are not aware of the available De- their families, our most eternal gratitude. partment of Veterans Affairs health programs We will forever honor LCpl. Barfield for his HON. WILLIAM R. KEATING and services that can be a critical component selfless actions. His legacy will be memorial- OF MASSACHUSETTS of reintegration into the community. It is important that we work together to re- ized in American history so every generation IN THE HOUSE OF REPRESENTATIVES duce the incidence of homelessness among will know of his selfless acts. Friday, November 4, 2011 veterans and repay, in what small measure we America remains a free nation because of Mr. KEATING. Mr. Speaker, I rise today to can, their service to this great country. the men and women in our Armed Forces who recognize Elaine Schuster, as she is honored As part of this effort, I along with Represent- serve and protect us each and every day—just with the Believe in Girls Award from the Big ative DANIEL E. LUNGREN of California are as LCpl. Jason Nicholas Barfield so bravely Sister Association of Greater Boston on No- proud to cosponsor the resolution supporting did. Our thoughts and prayers will continue to vember 12, 2011. the designation of the week of November 6– go out to his parents and loved ones during Elaine was—and is—never afraid to speak 12 as National Underserved Veterans Aware- this difficult time. her mind, and that trait has proven invaluable ness Week. The week will have a particular

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K04NO8.020 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS E2020 CONGRESSIONAL RECORD — Extensions of Remarks November 4, 2011 focus on disseminating information on health IN RECOGNITION OF BIG SISTER education at Booker T. Washington where he services available to veterans, as well as the ASSOCIATION OF GREATER BOS- excelled academically and athletically. Upon various health benefits provided in private in- TON completion, he was accepted into Xavier Uni- surance plans. versity and studied from 1939–1942. He re- A model of such outreach to veterans is op- HON. WILLIAM R. KEATING turned to Memphis in 1942 and read an article erated by the Sacramento Community Vet- OF MASSACHUSETTS in a newspaper about an experimental training erans Alliance. Every year, the Alliance hosts IN THE HOUSE OF REPRESENTATIVES program for African-American pilots and avia- tion in Tuskegee, Alabama. After speaking to an all-day health fair and free clinic to provide Friday, November 4, 2011 health screenings and eye exams to under- his parents about the program, Weathers met served and homeless veterans at no cost, as Mr. KEATING. Mr. Speaker, I rise today to with Mayor E.H. Crump who made a call to well as advising them on their service benefits congratulate the Big Sister Association of President Roosevelt informing him that he and connecting them to resources on Greater Boston on their 60th anniversary. Big would be sending Luke to the program. On healthcare, mental health, and homelessness. Sister is the largest mentoring program in the July 27, 1942, Luke Weathers arrived in Tus- region that specifically serves women and caloosa, Alabama and trained for nine months f girls. Volunteers enthusiastically dedicate their and one day. On April 29, 1943 he began his time and service to the communities in the active duty as a Fighter Pilot Single Engine in HAPPY 150TH BIRTHDAY TO WELD Greater Boston area. Their actions are deserv- the 302N Fighter Squadron flying P–51 bomb- COUNTY, COLORADO ing of this body’s recognition. ers. The 302N Fighter Squadron was later The Big Sister Association was founded in merged into the 332nd Fighter Group, also 1951 by three Cambridge residents: The Rev- known as the ‘‘Red Tails.’’ Weathers named HON. JARED POLIS erend Harold Taylor, Assistant Rector at Christ his plane the ‘‘Spirit of Beale Street.’’ OF COLORADO Church in Cambridge; Edith Taylor, a Cam- Lt. Col. Weathers departed for Italy January IN THE HOUSE OF REPRESENTATIVES bridge police officer; and Frances Marley, an 3, 1944 to begin his tour in WWII, traveling to administrative assistant and legal consultant North Africa, Italy, France, Europe, and Ger- Friday, November 4, 2011 for the Society for Prevention of Cruelty to many. For his courage and service, he earned Mr. POLIS. Mr. Speaker, I am honored Children. Believing that girls in their commu- an Air Medal with 7 clusters, a Distinguished today to recognize the 150th birthday of Weld nity could benefit from the guidance and sup- Flying Cross medal and an American Theater County, Colorado. Weld is the sunny, rolling port of an older female friend, they created a Ribbon Victory Medal WWI. Weathers was home to 31 towns filled with Coloradans of all one-to-one mentoring program where girls, Lit- credited with shooting down two German fight- backgrounds and aspirations. In 1821, Major tle Sisters, were individually matched with car- er aircrafts while on a mission to protect U.S. Stephen H. Long made an expedition to the ing and committed volunteers, Big Sisters. Army Air Corps bombers in Europe. During area now known as Weld County and de- They continue to welcome new women and this tour, the Tuskegee Airmen never lost one clared the land was not fit for human pros- girls to the Big Sister program. In their first of their bombers. Lt. Col. Weathers returned to perity. Almost two centuries later it is without year, they matched six girls—in 2009, Big Sis- Memphis on March 13, 1945 and became the question that Major Long did not have the vi- ter served more than 2,700 girls throughout 69 first African-American to receive the key to the sion or the admiration for this great place as Massachusetts cities and towns. What keeps City of Memphis. He was also honored with a those of Weld County have today. them growing is the steadfast belief that by fo- parade down Beale Street and the day was cusing on the healthy development of girls, declared ‘‘Capitan Luke Weathers Day.’’ Located in the north central part of Colo- Luke Weathers met LaVerne Nalling while in rado, Weld County provides an impressive they are preparing the next generation of mothers, teachers, doctors and business lead- Memphis. Together, they owned and operated supply of opportunity and industrial support several businesses including the Weathers being the State’s leader in production of cattle, ers. By continuing to implement new men- toring programs this has led to the creation of Jeffery vocational school in Jackson, Ten- grain, and sugar beets and the second leader nessee where Weathers was a flight instruc- in production of oil and gas. It is ranked as the a vibrant community where girls know that there is no limit to what they can achieve. tor. He was also the Director of Boone-Higgins third leading agricultural area in the United Trade School for Negro Veterans in Jackson. States. Their humble actions and service to the com- munity are commendable. They also operated a beauty shop, Laun- But it is not the natural resources or the en- Mr. Speaker, please join me in leading this dromat/dry cleaners and a carpet cleaning vironmental make up of Weld County that body in acknowledging the Big Sister Associa- service. In 1959, Weathers founded The Na- make it what it is today, on its 150th birthday. tion of Greater Boston, as they celebrate their tional Defense Cadet Corps, NDCC, for the It is the people of this county that have taken 60th anniversary. The Big Sister Association Memphis City School System at Manassas it from a prairie region first settled by railroad of Greater Boston community is tremendously High school. This program created an oppor- workers, to a vibrant and growing home to valued in my district and the Commonwealth tunity for African American males who had a thousands of Colorado families. Beyond its in- of Massachusetts. desire for military training but did not have ac- dustrial value, one of the State’s strongest f cess to a ROTC program. For a brief time public universities, the University of Northern afterwards, Weathers moved his family to An- Colorado in Greeley, is located within Weld HONORING THE LIFE OF chorage, Alaska where he had accepted a po- County and provides thousands of students TUSKEGEE AIRMAN LT. COL. sition with the Federal Aviation Administration, the opportunity for higher education and a LUKE JOSEPH WEATHERS JR. FAA. He moved his family back to Memphis more fertile future every year. and became the first African-American Air I congratulate the people of Weld County on HON. STEVE COHEN Traffic Controller in Memphis. During his ten- 150 years of progress and prosperity and ea- OF TENNESSEE ure with the FAA, he accepted tours of duties gerly anticipate what the future holds for this IN THE HOUSE OF REPRESENTATIVES in Atlanta, Georgia and Washington, DC. forward-looking Colorado County. In 1985, Lt. Col. Weathers retired from the Friday, November 4, 2011 FAA in Washington, DC and the Air Force Re- f Mr. COHEN. Mr. Speaker, I rise today to serves. In his retirement he stayed active with honor the life of Lt. Col. Luke Joseph Weath- Tuskegee Airmen, Inc. and continued to pro- PERSONAL EXPLANATION ers Jr., a Tuskegee Airman in the 332nd mote African Americans in the military includ- Fighter Group. He was born to Luke Joseph ing women. Lt. Col. Luke Joseph Weathers Jr. HON. LLOYD DOGGETT Weathers, Sr. and Jessie Rita Hawkins on De- died on October 15, 2011 at 90 years of age. cember 16, 1920 in Grenada, MS. In 1925, he He is survived by his wife, Jacqueline Moore OF TEXAS and his mother moved to Memphis, Ten- Weathers; two sons, Luke Joseph Weathers III IN THE HOUSE OF REPRESENTATIVES nessee to reunite with his father who had and Andre M. Weathers; daughters Wanda Weathers Smith, Renee Weathers Powell, and Friday, November 4, 2011 moved to Memphis earlier with his brother, William ‘‘Bill’’ Weathers. Trina Weathers Boyce; and 12 grandchildren Mr. DOGGETT. Mr. Speaker, during rollcall Luke Weathers was baptized at St. Anthony and 10 great-grandchildren. Mister Speaker, I vote number 822 on H.R. 2112, I mistakenly of Padua Church in Memphis and later at- ask my colleagues to join me in honoring the recorded my vote as ‘‘no’’ when I should have tended St. Anthony Catholic School. Weathers life of Tuskegee Airman, Lt. Col. Luke Joseph voted ‘‘yes.’’ transferred and completed his high school Weathers, Jr. His was a life well-lived.

VerDate Mar 15 2010 05:30 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A04NO8.033 E04NOPT1 pwalker on DSK5TPTVN1PROD with REMARKS Friday, November 4, 2011 Daily Digest Senate Chamber Action Committee Meetings The Senate was not in session today. It will next meet at 2 p.m. on Monday, November 7, 2011. (Committees not listed did not meet) h House of Representatives members of the Armed Forces, with an amendment Chamber Action (H. Rept. 112–271); and Public Bills and Resolutions Introduced: 33 pub- H. Res. 255, expressing the sense of the House of lic bills, H.R. 3364–3396; and 5 resolutions, H.J. Representatives that effective sharing of passenger Res. 84; H. Con. Res. 86; and H. Res. 458–460 information from inbound international flight mani- were introduced. Pages H7397–99 fests is a crucial component of our national security Additional Cosponsors: Pages H7399–H7400 and that the Department of Homeland Security must Reports Filed: Reports were filed today as follows: maintain the information sharing standards required H.R. 915, to establish a Border Enforcement Se- under the 2007 Passenger Name Record Agreement curity Task Force program to enhance border secu- between the United States and the European Union rity by fostering coordinated efforts among Federal, (H. Rept. 112–272). Pages H7396–97 State, and local border and law enforcement officials Recess: The House recessed at 9:35 a.m. and recon- to protect United States border cities and commu- vened at 10:15 a.m. Page H7340 nities from trans-national crime, including violence Suspensions: The House agreed to suspend the rules associated with drug trafficking, arms smuggling, il- and pass the following measure: legal alien trafficking and smuggling, violence, and kidnapping along and across the international bor- America’s Cup Act of 2011: H.R. 3321, to facili- ders of the United States, and for other purposes, tate the hosting in the United States of the 34th with an amendment (H. Rept. 112–268); America’s Cup by authorizing certain eligible vessels to participate in activities related to the competition, H.R. 1447, to amend title 49, United States 2 Code, to direct the Assistant Secretary of Homeland by a ⁄3 yea-and-nay vote of 387 yeas to 2 nays with Security (Transportation Security Administration) to 1 voting ‘‘present’’, Roll No. 831. Pages H7342–44 establish an Aviation Security Advisory Committee, Coast Guard and Maritime Transportation Act of and for other purposes (H. Rept. 112–269); 2011: The House began consideration of H.R. 2838, H.R. 1165, to amend title 49, United States to authorize appropriations for the Coast Guard for Code, to establish an Ombudsman Office within the fiscal years 2012 through 2015. Further proceedings Transportation Security Administration for the pur- were postponed. Pages H7337–42, H7344–80 pose of enhancing transportation security by pro- Pursuant to the rule, the amendment in the na- viding confidential, informal, and neutral assistance ture of a substitute consisting of the text of the to address work-place related problems of Transpor- Rules Committee Print dated October 28, 2011 tation Security Administration employees, and for shall be considered as an original bill for the purpose other purposes, with an amendment (H. Rept. of amendment under the five-minute rule, in lieu of 112–270); the amendment in the nature of a substitute rec- H.R. 1801, to amend title 49, United States ommended by the Committee on Transportation and Code, to provide for expedited security screenings for Infrastructure now printed in the bill. Page H7352 D1187

VerDate Mar 15 2010 04:43 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04NO1.REC D04NOPT1 pwalker on DSK5TPTVN1PROD with DIGEST D1188 CONGRESSIONAL RECORD — DAILY DIGEST November 4, 2011 Agreed to: Rejected: LoBiondo en bloc amendment that consists of the Cummings amendment (No. 3 printed in H. following amendments printed in H. Rept. Rept. 112–267) that sought to strike a provision 112–267: LoBiondo amendment (No. 1) that adds a that would eliminate an existing statutory require- new section providing the Secretary authority to ex- ment that the Coast Guard appoint an ombudsman tend the duration of medical certificates issued to in each Coast Guard District (by a recorded vote of merchant mariners, requires the Coast Guard to 174 ayes to 227 noes, Roll No. 832); study the efficacy of requiring the carriage of certain Pages H7365–66, H7377–78 survival craft, makes several technical and clarifying Thompson (MS) amendment (No. 4 printed in H. changes, and adds a new title providing new authori- Rept. 112–267) that sought to add a new section to ties to suppress the threat of piracy and protect U.S. the end of title II of to open admissions to the U.S. vessels and mariners transiting high risk waters; Coast Guard Academy to eligible candidates nomi- Shuler amendment (No. 2) that requires the Coast nated by Congress. Specifically, the amendment Guard to give priority to persons that manufacture would require the U.S. Coast Guard to ensure that, materials, parts, and components in the United beginning in academic year 2014, half of the incom- States when entering into contracts and placing or- ing class is composed of eligible candidates nomi- ders under Sec. 208(a); McIntyre amendment (No. nated by the Vice President or, if there is no Vice 11) that adds to the purpose section of the establish- President, by the President pro tempore of the Sen- ment of the Committee on the Marine Transpor- ate; Senators; Representatives; and Delegates to the tation System (Section 401) that it coordinate with House of Representatives (by a recorded vote of 182 local businesses to promote an efficient marine trans- ayes to 218 noes, Roll No. 833); portation system; Cummings amendment (No. 12) Pages H7366–67, H7378 that expands the information the Maritime Adminis- Bishop (NY) amendment (No. 7 printed in H. tration is required to include in the determinations Rept. 112–267) that sought to provide states the au- it makes of the availability of qualified United States thority to impose more protective operational re- flag capacity to carry cargo between two points in quirements on the discharge of ballast water within the United States when a waiver of Jones Act re- state resource waters (by a recorded vote of 174 ayes quirements pertaining to such carriage is sought; to 225 noes, Roll No. 835); and McCaul amendment (No. 14) that prohibits the U.S. Pages H7371–76, H7379–80 Coast Guard from delegating vessel inspections from Slaughter amendment (No. 8 printed in H. Rept. organizations that also provide these services on be- 112–267) that sought to strike Title VII (by a re- half of any State Sponsor of Terrorism—such as Iran, corded vote of 161 ayes to 237 noes , Roll No. 836). Sudan and Syria; Murphy (CT) amendment (No. 16) Pages H7339–40, H7374–76, H7380 that gives manufacturers the opportunity to provide Withdrawn: information to contracting officers regarding how Palazzo amendment (No. 5 printed in H. Rept. their bid for a contract will affect domestic employ- 112–267) that was offered and subsequently with- ment; Brown (FL) amendment (No. 17) that pro- drawn that would have struck section 303 of the bill hibits the Army Corps of Engineers from applying which places unneeded and harmful restrictions on any additional peer review studies to the Jacksonville the future contracting and construction of the Port dredging project; and Ribble amendment (No. United States Coast Guard National Security Cutter 18) that changes the legislative description of a com- and Pages H7367–68 mercial vessel to include all Federally owned and op- Olson amendment (No. 10 printed in H. Rept. erated vessels, exempting military, Department of 112–267) that was offered and subsequently with- Defense, and Coast Guard vessels; Pages H7363–65 drawn that would have required the Commandant of Huizenga amendment (No. 9 printed in H. Rept. the Coast Guard, in consultation with appropriate 112–267) that freezes the Environmental Protection representatives of industry, to conduct a feasibility Agency’s current vessel discharge regulatory frame- study to determine the capability, cost, and benefits work for certain vessels of historic significance; and of requiring the owner or operator of a manned facil- Pages H7376–77 ity, installation, unit, or vessel to locate a standby Napolitano amendment (No. 6 printed in H. vessel nearby. Page H7377 Rept. 112–267) that gives distant water tuna vessels H. Res. 455, the rule providing for consideration in the Western Pacific Ocean the option of using of the bill, was agreed to by a yea-and-nay vote of Guam as their required port of call in order to meet 245 yeas to 166 nays, Roll No. 830, after the pre- U.S. maritime regulations (by a recorded vote of 364 vious question was ordered by a yea-and-nay vote of ayes to 37 noes, Roll No. 834). 234 yeas to 177 nays, Roll No. 829. Pages H7368–71, H7378–79 Pages H7377, H7340–41

VerDate Mar 15 2010 04:43 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D04NO1.REC D04NOPT1 pwalker on DSK5TPTVN1PROD with DIGEST November 4, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1189 Directing the Clerk of the House of Representa- ‘‘Jobs at Risk: Waste and Mismanagement by the tives to make corrections in the enrollment of Obama Administration in Rewriting the Stream H.R. 2061: The House agreed to H. Con. Res. 86, Buffer Zone Rule.’’ Testimony was heard from Jo- to direct the Clerk of the House of Representatives seph G. Pizarchik, Director, Office of Surface Min- to make corrections in the enrollment of H.R. 2061. ing, Reclamation and Enforcement. Page H7381 Asia-Pacific Economic Cooperation Business IDENTITY THEFT AND TAX FRAUD Travel Cards Act of 2011: The House passed S. Committee on Oversight and Government Reform: Sub- 1487, to authorize the Secretary of Homeland Secu- committee on Government Organization, Efficiency rity, in coordination with the Secretary of State, to and Financial Management held a hearing entitled establish a program to issue Asia-Pacific Economic ‘‘Identity Theft and Tax Fraud: Growing Problems Cooperation Business Travel Cards. Page H7381 for the Internal Revenue Service.’’ Testimony was Meeting Hour: Agreed that when the House ad- heard from J. Russell George, Inspector General, journs today, it adjourn to meet at 10 a.m. on Mon- Treasury Inspector General for Tax Administration; day, November 7th; when the House adjourns on Steven T. Miller, Deputy Commissioner for Services that day, it adjourn to meet at 2:30 p.m. on Thurs- and Enforcement, Internal Revenue Service; and day, November 10th; and when the House adjourns Ronald Cimino, Deputy Assistant, Attorney General on that day, it adjourn to meet at 2 p.m. on Mon- for Criminal Tax Matters, Department of Justice, day, November 14th. Page H7382 Tax Division. National Commission for the Review of the Re- CALIFORNIA FEDERAL COURT HOUSE search and Development Programs of the PROJECT United States Intelligence Community—Ap- pointment: The Chair announced the Speaker’s ap- Committee on Transportation and Infrastructure: Sub- pointment of the following Member of the House to committee on Economic Development, Public Build- the National Commission for the Review of the Re- ings, and Emergency Management held a hearing en- search and Development Programs of the United titled ‘‘A Review and Analysis of the Proposed $400 States Intelligence Community: Representative Con- Million Los Angeles, California Federal Courthouse away. Page H7382 Project.’’ Testimony was heard from Margaret M. Morrow, District Judge, U.S. District Court, Central Quorum Calls—Votes: Three yea-and-nay votes District of California; Robert Peck, Comissioner, and five recorded votes developed during the pro- Public Buildings Service, General Services Adminis- ceedings of today and appear on pages H7340–41, tration; and Mark L. Goldstein, Director, Physical H7341, H7343–44, H7377–78, H7378, H7379, Infrastructure, Government Accountability Office. H7379–80 and H7380. There were no quorum calls. Adjournment: The House met at 9 a.m. and ad- journed at 4:13 p.m. Joint Meetings Committee Meetings EMPLOYMENT SITUATION LEGISLATIVE MEASURES Joint Economic Committee: Committee concluded a hearing to examine the employment situation for Committee on Energy and Commerce: Subcommittee on October 2011, after receiving testimony from Keith Communications and Technology held a hearing on Hall, Commissioner, Bureau of Labor Statistics, De- H.R. 3035, the ‘‘Mobile Informational Call Act of partment of Labor. 2011.’’ Testimony was heard from Greg Zoeller, At- torney General, Indiana; and public witnesses. f 21ST CENTURY LAW ENFORCEMENT COMMITTEE MEETINGS FOR MONDAY, Committee on the Judiciary: Subcommittee on Crime, NOVEMBER 7, 2011 Terrorism, and Homeland Security held a hearing (Committee meetings are open unless otherwise indicated) entitled ‘‘21st Century Law Enforcement: How Smart Policing Targets Criminal Behavior.’’ Testi- Senate mony was heard from public witnesses. No meetings/hearings scheduled. STREAM BUFFER ZONE RULE Committee on Natural Resources: Subcommittee on En- House ergy and Mineral Resources held a hearing entitled No hearings are scheduled.

VerDate Mar 15 2010 04:43 Nov 05, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D04NO1.REC D04NOPT1 pwalker on DSK5TPTVN1PROD with DIGEST D1190 CONGRESSIONAL RECORD — DAILY DIGEST November 4, 2011

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, November 7 10 a.m., Monday, November 7

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: The House will meet in pro morning business (not to extend beyond 5 p.m.), Senate forma session at 10 a.m. will resume consideration of the motion to proceed to consideration of H.R. 674, 3% Withholding Repeal and Job Creation Act, and vote on the motion to invoke clo- ture on the motion to proceed to consideration of the bill at 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Donnelly, Joe, Ind., E2005 Lungren, Daniel E., Calif., E2005 Farr, Sam, Calif., E2012 McCotter, Thaddeus G., Mich., E2010 Bilirakis, Gus M., Fla., E2006, E2018 Fincher, Stephen Lee, Tenn., E2008 Marchant, Kenny, Tex., E2006 Bishop, Sanford D., Jr., Ga., E2006 Gerlach, Jim, Pa., E2005, E2006, E2008 Miller, Jeff, Fla., E2010, E2011 Bonner, Jo, Ala., E2012 Gutierrez, Luis V., Ill., E2018 Mulvaney, Mick, S.C., E2009 Calvert, Ken, Calif., E2013 Hahn, Janice, Calif., E2013 Polis, Jared, Colo., E2014, E2020 Canseco, Francisco ‘‘Quico’’, Tex., E2009, E2010 Hastings, Alcee L., Fla., E2011 Rangel, Charles B., N.Y., E2011 Capps, Lois, Calif., E2012 Hirono, Mazie K., Hawaii, E2007 Richardson, Laura, Calif., E2014 Coffman, Mike, Colo., E2016 Honda, Michael M., Calif., E2006 Cohen, Steve, Tenn., E2020 Keating, William R., Mass., E2019, E2020 Roby, Martha, Ala., E2019 ´ Conyers, John, Jr., Mich., E2016 Kucinich, Dennis J., Ohio, E2013, E2014, E2015, E2018, Sanchez, Linda T., Calif., E2011 Costa, Jim, Calif., E2007 E2018 Schock, Aaron, Ill., E2005 Costello, Jerry F., Ill., E2008 Langevin, James R., R.I., E2016 Stark, Fortney Pete, Calif., E2009 Courtney, Joe, Conn., E2014 Latham, Tom, Iowa, E2019 Thompson, Bennie G., Miss., E2009 Davis, Geoff, Ky., E2010 Lee, Barbara, Calif., E2013 Upton, Fred, Mich., E2015 Denham, Jeff, Calif., E2019 Levin, Sander M., Mich., E2018 Vela´ zquez, Nydia M., N.Y., E2007 Doggett, Lloyd, Tex., E2020 Loebsack, David, Iowa, E2015 Visclosky, Peter J., Ind., E2005

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