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

Vol. 157 WASHINGTON, THURSDAY, SEPTEMBER 22, 2011 No. 142 House of Representatives The House met at 10 a.m. and was That’s $50,000 per conference for just every 5 years to the state of infrastruc- called to order by the Speaker pro tem- refreshments. And that includes $4,200 ture in the United States. Sadly, the pore (Mrs. ELLMERS). for 250 muffins. latest survey showed that we are still Madam Speaker, how come these f getting a failing grade, and the gap critters cost $16 apiece? These are some necessary to bring these resources up DESIGNATION OF SPEAKER PRO high-dollar muffins that the Depart- to standard is growing larger, over $2.3 TEMPORE ment of Justice is buying for its re- trillion for 5 years to make it in a rea- The SPEAKER pro tempore laid be- freshments at conferences. Where do sonable state of repair. fore the House the following commu- you even find a muffin that costs $16? For example, we lose 6 billion gallons nication from the Speaker: I’ve never seen one. Maybe they’re of water every day through leaks in shipped in from a special bakery in WASHINGTON, DC, aging pipes and sewer mains through- September 22, 2011. France with some secret ingredient. out the country. This is enough water I hereby appoint the Honorable RENEE L. My favorite bakery, RAO’s in Beau- to fill 9,000 Olympic-sized swimming ELLMERS to act as Speaker pro tempore on mont, Texas, tells me these things pools. If you laid them end to end, you this day. should be about $2 apiece. could swim from Washington, D.C., to JOHN A. BOEHNER, So why is the Justice Department Pittsburgh in the amount that is Speaker of the House of Representatives. with all those fancy lawyers letting the leaked every single day. f muffin man get away with this price But it doesn’t end there. In terms of gouging? Because the government MORNING-HOUR DEBATE the sad state of rail, deteriorating doesn’t care. It lives high on the hog bridges, here is an opportunity for us The SPEAKER pro tempore. Pursu- with taxpayers’ money. to step forward dealing with a serious ant to the order of the House of Janu- So, Madam Speaker, do you know the challenge that threatens America’s ary 5, 2011, the Chair will now recog- muffin man, the muffin man? I know productivity, threatens America’s envi- nize Members from lists submitted by the muffin man, and the government ronmental and physical health, and the majority and minority leaders for should quit spending somebody else’s puts hundreds of thousands of Ameri- morning-hour debate. money to keep the muffin man rolling cans to work at family wage jobs vir- The Chair will alternate recognition in the dough. tually overnight. And that’s just the way it is. between the parties, with each party Madam Speaker, in times past, in- limited to 1 hour and each Member f vestment in infrastructure has been other than the majority and minority AMERICA’S INFRASTRUCTURE something that has captured the vision leaders and the minority whip limited DEFICIT for the United States; but more than to 5 minutes each, but in no event shall The SPEAKER pro tempore. The that, it has been part of how we have debate continue beyond 11:50 a.m. Chair recognizes the gentleman from repaired some of our problems fiscally. f Oregon (Mr. BLUMENAUER) for 5 min- Remember in 1982, Ronald Reagan ap- proved, as part of his budget stabiliza- THE MUFFIN MAN utes. Mr. BLUMENAUER. Thank you, tion program, a 5-cent a gallon in- The SPEAKER pro tempore. The Madam Speaker. crease in a user fee for gasoline that Chair recognizes the gentleman from As Washington appears to be trapped helped put the budget in balance and be Texas (Mr. POE) for 5 minutes. in partisan gridlock, sliding to budget able to finance needed infrastructure. Mr. POE of Texas. Madam Speaker, paralysis and the potential of another In 1993, as part of the Clinton pro- do you know the muffin man, the muf- government shutdown looming, there gram that led to the first balanced fin man, the muffin man? Yes, I know is one particular area that doesn’t get budgets that we had seen in decades, the muffin man, but he doesn’t live on the attention it merits, even as it is every year the deficit declined until Drury Lane. He lives at the Depart- the key to our economic recovery. This the last 3 years he was in office, three ment of Justice on Justice Lane and is is our serious and ever-growing infra- successive years of increasing budget growing rich on selling $16 muffins at structure deficit. America’s roads, surplus, while we had an unprecedented Justice Lane. bridges, water systems, transit, avia- increase in jobs, they included a mod- The Department of Justice’s inspec- tion ports all are in serious need of re- est gas tax increase. tor general states that at only 10 con- pair. There are a whole host of areas for ferences the Department of Justice The American Society of Civil Engi- user fees. I have bipartisan legislation spent almost $500,000 on refreshments. neers has, over the years, given grades for a water trust fund that would deal

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 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A22SE7.000 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6348 CONGRESSIONAL RECORD — HOUSE September 22, 2011 with the problem I mentioned a mo- Karzai. Let’s fix his roads in Afghani- tossed out in the street, and many of ment ago. We have the superfund tax stan. Let’s train his people to be troops them don’t need to be—and we can help on the petrochemical industry to pay and policemen. them. We can help fix the housing mar- for the damage to the environment Madam Speaker, that brings me to ket so that millions of American fami- that they created that expired in 1995 this poster I brought down to the floor lies can stay in their homes and others and has not been renewed but we still today. Two little girls, Stephanie and can have a smooth transition into rent- have the superfunds to clean up, push- Eden, their daddy, Sergeant Kevin ing. We could help, but this Congress is ing that burden on State and local gov- Balduf, a United States marine sta- doing nothing. ernments and on businesses that are tioned in Camp Lejeune, which is in my Millions of homeowners are suffering required to spend money that wasn’t district, and Colonel Palmer, stationed through the worst recession in 100 their fault, giving the petrochemical at Cherry Point Marine Air Station, years, and the Republican majority is industry a pass. which is in my district, were sent to not doing one single thing to help There’s an opportunity, Madam Afghanistan to train Afghans to be po- them. Just look at this map next to Speaker, as the supercommittee is licemen. me. This is a snapshot of foreclosures meeting, for Congress to step up in a One night, they were having dinner, across this country. The dark red areas bipartisan way to have resources to the trainees, the colonel, and the ser- are where the worst places are, but you help rebuild and renew America. We’re geant, and one trainee pulled out a pis- see it covers everybody in the country. falling behind the Chinese. We’re fall- tol and killed both of them. What is Now, there isn’t a district that isn’t ing behind the Indians, the Brazilians, ironic is the day before Sergeant affected by this crisis. The housing and the European Union, even while Balduf and Colonel Palmer were killed, market doesn’t care about your poli- unemployment in the building trades is Sergeant Balduf emailed his wife, Amy, tics. Three years after the Wall Street 20 percent or more from coast to coast. and said: I don’t trust them. I don’t meltdown, millions of Americans are There’s an opportunity here for us to trust them. I don’t trust any of them. still facing foreclosure. One in four be able to stabilize the budget, deal So these two little girls are standing homeowners in this country is under- with the infrastructure deficit, put at their daddy’s funeral at Arlington. water, and home prices continue to drop. hundreds of thousands of Americans to And you can see in their faces, Madam While the housing market continues work virtually overnight, and maybe, Speaker, a look of pain and a look of to steadily destruct and millions of misunderstanding of what has hap- just maybe, work together to heal the Americans are needlessly pushed into pened. They don’t understand what has frayed political process here in Wash- poverty, this Congress isn’t doing any- happened. ington, D.C. thing to stop it. Instead of fixing the So, Madam Speaker, I hope we in f economy, today we’re going to debate a Congress will find the will to encourage bill—a Republican bill—that attacks FUND FEMA NOT AFGHANISTAN President Obama to bring our troops public health and children. The Repub- The SPEAKER pro tempore. The home, because Secretary Gates has al- lican priority is not foreclosures. It is Chair recognizes the gentleman from ready said and been recorded that we to make sure that every American is North Carolina (Mr. JONES) for 5 min- will be there until 2015. How many breathing more mercury and toxins. utes. young Americans have to die in the When the Democrats were in charge, Mr. JONES. Thank you, Madam next 4 years to prop up a corrupt gov- it was different. We thought you should Speaker. ernment? It makes no sense. be able to write down mortgage prin- You know, Madam Speaker, it is so I hope the American people will rally cipal in bankruptcy and modify mort- ironic that the American people are behind those of us in both parties who gages more easily and get lenders to hurting in many, many ways, including want to bring our troops home, and the bargaining table to avoid fore- those in my district from Hurricane let’s get them home before 2015. closure. But the last Congress, Repub- Irene which did damage all of the way Madam Speaker, I close this way, the lican Senators stopped all that. And in up to Vermont, the fires in Texas, and way I always do: God, please bless our this Congress, the Republicans in the tornadoes, and yet we can’t come to- men and women in uniform; God, House want to make sure we don’t do gether as two different parties to find please bless the families of our men anything. Instead, they cut programs agreement to increase the funding for and women in uniform; God, in Your for foreclosures and cut affordable FEMA so they can help victims of loving arms hold the families who have housing. Instead of taking actions, Re- these disasters, and yet we can find $10 given a child dying for freedom in Af- publicans say the market will fix it. In billion a month to send to a corrupt ghanistan and Iraq; God, please bless the market we trust. Not in God we leader in Afghanistan so that he can the House and Senate that we will do trust, but in the market we trust that wear his robes and his caps and Amer- what is right in God’s eyes for God’s everything will be better. ican kids can die and lose their legs people; and I will ask God to give wis- But we’re losing. We’re long past a and arms. dom, strength, and courage to Presi- healthy correction. The damage being I do not understand why this Con- dent Obama that he will do what is done is completely unavoidable. Make gress and the President of the United right in the eyes of God for God’s peo- no mistake, Republican economic phi- States do not understand that it’s time ple. And three times I will say, God, losophy is pushing millions of Ameri- to bring our troops home. please, God, please, God, please con- cans into the street, middle class tinue to bless America. b 1010 Americans. f It’s important to remember it was The American people are hurting in the banks that caused this crisis. Well, HOUSING FORECLOSURES many, many ways, and the folly of the we bailed out the banks, and how did last day here in Washington where we The SPEAKER pro tempore. The they thank the American people for cannot come together to increase the Chair recognizes the gentleman from the bailout? The banks went into fore- funding for FEMA is absolutely unac- Washington (Mr. MCDERMOTT) for 5 closure overdrive. They robo-signed ceptable—unacceptable—to the people minutes. foreclosures and filed fraudulent docu- of this country. Mr. MCDERMOTT. Madam Speaker, ments as fast as they could. I was listening to C–SPAN coming in I’m taking the floor today to talk FDR once said, ‘‘take a method and today, and it was just really somewhat about foreclosures. try it. If it fails, admit it frankly, and ironic that the people are so angry The problem of housing foreclosures try another. But by all means, try with Congress, both parties actually, in this country continues to be one of something.’’ And we can act. By just and cannot figure out why we are not the central reasons our economy is not reducing the principal on all under- doing what’s necessary to fix the econ- moving forward. While a lot of this eco- water homes to fair market value, $71 omy and create jobs to fix the infra- nomic wreckage is avoidable, this Con- billion would be injected into the econ- structure that my friend from Oregon gress continues to fiddle while the omy. Every homeowner would save just talked about. Oh, yes, but we can American housing market burns. Fami- about $6,500 a year in payments, and still find $10 billion a month for Mr. lies across this country are being millions of new jobs would be created.

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.028 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6349 Banks are still sitting on $1 trillion b 1020 further circumventing two-party nego- in cash. By using 7 percent of that The Environmental Justice intern- tiations. money, there would be millions of peo- ship is of course administered with The U.S. has also made significant ple kept out of poverty. The banks can your taxpayer dollars. We don’t need a investments in bolstering Palestinian afford it and it would be something we program like this at any time; we cer- security and economic prosperity, all seem to have lost all sight of in Con- tainly don’t need it at this time. in an effort to enable the Palestinians gress—it would be fair. We can restart So I have offered a bill, H.R. 2876, the to make the difficult concessions nec- the economy by helping homeowners. EPA Student Nondiscrimination Act. essary to move toward peace. This ap- We can come out of this economic cri- It simply says that when you apply for sis by putting responsible homeowners peal to the U.N. and rejection of direct employment with the Federal Govern- on solid ground. The map says it all. two-party talks directly undermines ment, we’re not going to seek to find Homeowners are struggling in every considerable American efforts and in- out whether you agree with this ad- district of every Member of this Con- vestments in a peace deal. Abbas and ministration’s radical environmental gress. the Palestinians need to come back to We can fix this foreclosure disaster. agenda. We’re not going to seek to find the negotiating table, and it is the U.S. We can help American families who out if you have worked as a community that needs to lead them back and play by the rules. We could start action organizer. All we’re going to ask is spearhead negotiations. that you are qualified for the position. today and help the middle class. But, As a true and steadfast friend to Now, there are many efforts and no, what are we going to do? We are Israel, there has never been a more many concerns about environmental going to fool around out here about the vital time for America to stand strong disparities across the country. I share rules of the EPA that protect people with our ally. With the excitement and against toxins and mercury. those concerns, but our EPA and our Justice Department already have many hope of the Arab Spring has also come This Congress has lost its way and it a great deal of uncertainty—uncer- needs a change. And it’s going to come, remedies for folks who feel like they have been discriminated against. What tainty about the strength of the rela- because all those people who are in tionship between Israel and Turkey; foreclosure in this country when the we don’t need is yet another Federal program aimed at trying to solve a uncertainty about the willingness of next election comes are going to ask, the Egyptians to hold true to their ‘‘What did the Republicans in the problem that we know can’t be solved promises under the benchmark 1979 House do?’’ And the answer is, ‘‘Noth- in Washington, D.C. peace treaty; uncertainty about the se- ing.’’ I’ll close with this thought: this is a curity of the Sinai; uncertainty sur- f small program. The total dollars ex- pended in the scale of our massive Fed- rounding the speed with which Iran EPA’S ENVIRONMENTAL JUSTICE eral deficit are very, very small; but it marches toward a nuclear bomb; and INTERNSHIP PROGRAM is symptomatic of a place, Washington, uncertainty about the number of rock- The SPEAKER pro tempore. The D.C., that has become completely dis- ets being stockpiled by Hezbollah and Chair recognizes the gentleman from connected from America and common- Hamas aimed at the homes of Israeli Kansas (Mr. POMPEO) for 5 minutes. sense values, the values that we all citizens. Mr. POMPEO. Madam Speaker, I have in Kansas. We don’t need eco-am- But there is one thing that must came to Washington, D.C., 9 months bassadors. We don’t need this program. never be uncertain: America’s support ago with the hope that we would re- And I would ask my colleagues to sup- for Israel. A threat to Israel’s security store a little bit of common sense and port my legislation to eliminate it. or legitimacy is a threat to America, a whole lot of spending control to f and we will not stand by and let Israel Washington, D.C. I also came to Wash- face these challenges alone. Upon her ington, D.C., having never heard of an IT’S NOT TOO LATE founding over six decades ago, the eco-ambassador. Now I had heard of The SPEAKER pro tempore. The United States was the first Nation to ambassadors and I am familiar with Chair recognizes the gentleman from recognize Israel. And since that rec- the environment, but I had never heard Illinois (Mr. QUIGLEY) for 5 minutes. ognition, the special bond between of an eco-ambassador. Israel and the U.S. has only grown Indeed, I had never heard of an eco- Mr. QUIGLEY. It’s not too late. stronger on the bedrock of the mutual ambassador until just a few short That’s my message to Palestinian Au- principles of freedom, justice, and weeks ago when our Environmental thority President Abbas, who has an- Protection Agency that has done so nounced his intention to seek unilat- peace. Now is the time to stand with much damage to our economy, so much eral Palestinian statehood at the our old friend and lead the way to damage to our Kansas’ Fourth Congres- United Nations this Friday. It’s not too peace. sional District, our farmers, our manu- late to abandon this reckless route, en- It is moments like these that test facturers, and our families, our Envi- gage in direct negotiations with Israeli our mettle. It is moments like these ronmental Protection Agency decided Prime Minister Netanyahu, and choose that are recorded in our history books. at this time of massive Federal deficits the path to peace. And it is moments like these where we that we needed a new program to cre- There is only one road to a peace must show our leadership. ate eco-ambassadors—eco-ambas- agreement, and that is through direct talks between Israelis and Palestin- America must do everything in its sadors, each of which will be given power to end this perilous Palestinian $6,000 of your money, eco-ambassadors ians. This course forward is clearly outlined in the Oslo Peace Agreement, bid for unilateral statehood and get di- which, in exchange for that money, rect negotiations between the two par- will come to Washington, D.C., and go which states that the Israeli-Pales- tinian conflict must be resolved ties back on track. And President back to their home places and work for Abbas must know there will be con- 20 weeks—20 weeks for $6,000—part- through direct, two-party negotiations. Anything outside of these direct sequences for choosing the path of con- time at that—for their internship pro- frontation over that of negotiation. gram. talks—particularly this Palestinian ap- When you read the requirements to peal for U.N. recognition—is a dan- The course to unilateral recognition be eligible to receive an eco-ambas- gerous digression from the known way is not free. The Israeli-Palestinian sador internship position, you will be forward. peace process is at a pivotal crossroad. fascinated to see that it is an ideologi- In addition to veering from the track The Palestinians can choose to pursue cally driven program. Students who toward two states, a status upgrade at the dead-end track toward U.N. rec- apply must have a strong interest in this time could allow the Palestinians ognition, or they can adjust their environmental justice, social justice to pursue cases against Israel in inter- course in their wrongheaded U.N. bid issues, and other issues relating to en- national institutions such as the Inter- and sit down at the negotiating table vironmental health disparities in national Criminal Court. Such institu- with Israel. The choice is theirs. It’s health, volunteer, or employment set- tions could even be used to request ad- not too late to choose the path toward tings. This is a liberals-only policy. visory rulings on final status issues, peace.

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.005 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6350 CONGRESSIONAL RECORD — HOUSE September 22, 2011 CALAMITY OVER KLAMATH stakeholders. Well, Mr. Speaker, every- It has presented the very best face of AGREEMENT body knows that the Klamath agree- America to millions of people around The SPEAKER pro tempore. The ment was the result of local farmers the world. Chair recognizes the gentleman from succumbing to extortion by environ- Today, there are leaders of many California (Mr. MCCLINTOCK) for 5 min- mental groups that threatened law- countries around this world that have utes. suits to shut off their water. And obvi- been taught by Peace Corps volunteers Mr. MCCLINTOCK. Madam Speaker, ously the so-called ‘‘stakeholders’’ in their high schools, in their grammar this generation is facing spiraling elec- don’t include the ratepayers and tax- schools or universities. They have a tricity prices and increasingly scarce payers who will pay dearly for the loss very special understanding of America. supplies. Californians have had to cut of these dams. They know Americans. They know that back to the point that their electricity Indeed, local voters have repeatedly Americans have a big heart and they consumption per capita is now lower and overwhelmingly repudiated the have a desire to see progress, economic than that of Guam, Luxembourg, and agreement and the politicians respon- and social progress in every country of Aruba. sible for it. The locally elected this world. What is the administration’s solu- Siskiyou County Board of Supervisors And so today we celebrate 50 years. tion? Interior Secretary Ken Salazar vigorously opposes it. We celebrate over 200,000 Peace Corps announced yesterday that the adminis- volunteers that have served around the b 1030 tration is moving forward with a plan world, and we celebrate those who have to destroy four perfectly good hydro- Finally, the administration boasts of been in the administration, the direc- electric dams on the Klamath River, 1,400 short-term jobs that will be cre- tors, the country directors, the doc- capable of producing 155,000 megawatts ated to tear down these dams. Just tors, the nurses, and the others who of the cleanest and cheapest electricity imagine how many jobs we could create have been part of this enormously im- on the planet, enough for about 155,000 if we tore down the Hoover Dam or Du- portant part of America. homes. luth, Minnesota. As those Peace Corps volunteers have Now, why would the administration Madam Speaker, amidst a spending returned to America, it is now clear in pursue such a ludicrous policy? Well, spree that threatens to bankrupt this recent polling that they have contin- they say it’s necessary to increase the Nation, amidst spiraling electricity ued to serve. They serve as volunteers salmon population. Well, the thing is, prices and chronic shortages, to tear at twice the rate of other Americans. we did that a long time ago by building down four perfectly good hydroelectric And they are found in the schools, they the Iron Gate Fish Hatchery. The Iron dams at enormous cost is insane. And are found in the community programs, Gate Fish Hatchery produces 5 million to claim that this is good for the econ- and they’re even found in Congress, as salmon smolt every year—17,000 of omy gives us chilling insight into the strange as that might seem. But, none- which return annually as fully grown breathtakingly bad judgment that is theless, they’ve served in many, many adults to spawn. The problem is, they misguiding our Nation from the White ways, and they continue to do so. don’t include them in the population House. Earlier today, I met two Peace Corps count. And to add insult to insanity, The President was right about one volunteers who were in the very first when they tear down the Iron Gate thing when he spoke here several effort in Tanzania, then Tanganyika. Dam, we will lose the Iron Gate Fish weeks ago. Fourteen months is a long They returned some 40 years later. I’m Hatchery and the 5 million salmon time to wait to correct the problem. going to turn that around. They actu- smolt it produces annually. Fortunately, the administration will Declining salmon runs are not unique ally served in Afghanistan in the early need congressional approval to move to the Klamath. We have seen them up sixties and then came back 40 years forward with this lunacy, and that’s and down the Northwest Pacific coast later to serve once again as Peace going to require action by this House. over the last 10 years as a result of the Corps volunteers. Earlier this year the House voted to naturally occurring Pacific decadal os- And what we have found over these put a stop to this nonsense. I trust it cillation—cold water currents that many years, that once you’ve become a will exercise that same good judgment fluctuate over a 10-year cycle between Peace Corps volunteer, you never stop as the administration proceeds with its the Pacific Northwest and Alaska. In laboring for peace, wherever it may be. fact, during the same decade that salm- folly. And so today we celebrate the 50th an- on runs have declined throughout the f niversary of a remarkable idea that was put forward by President John F. Pacific Northwest, they have exploded HAPPY 50TH BIRTHDAY TO THE Kennedy, the idea that Americans in Alaska. We are now at the end of UNITED STATES PEACE CORPS that cycle. could reach out to the whole world and The cost of this madness is currently The SPEAKER pro tempore. The serve wherever that need might be. pegged at a staggering $290 million, all Chair recognizes the gentleman from Happy birthday, Peace Corps. at the expense of ratepayers and tax- California (Mr. GARAMENDI) for 5 min- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE payers. But that’s just the cost of re- utes. The SPEAKER pro tempore. The moving the dams. Consumers will face Mr. GARAMENDI. Madam Speaker, I Chair will remind all persons in the permanently higher prices for replace- rise today to celebrate a very, very spe- gallery that they are here as guests of ment power, which, we’re told, will be cial birthday. It is the 50th birthday of the House and that any manifestation wind and solar. the United States Peace Corps, an in- of approval or disapproval of pro- Well, not only are wind and solar credible organization that was started ceedings is in violation of the rules of many times more expensive; wind and by President John F. Kennedy and a the House. whole lot of people that thought that solar require equal amounts of reliable f standby power, which is precisely what this Nation had an opportunity to the dams provide. We’re told that, yes, reach out to the men and women of THE UNITED NATIONS AND A this may be expensive, but it will cost America, provide them with a chal- PALESTINIAN STATE less than retrofitting the dams to meet lenge: to go out to the world to seek The SPEAKER pro tempore. The cost-prohibitive environmental re- peace, to work for peace, and to help Chair recognizes the gentleman from quirements. Well, if that’s the case, developing nations meet their needs, Illinois (Mr. DOLD) for 5 minutes. maybe we should rethink those re- whether it be in education, community Mr. DOLD. I, too, want to send my quirements, not squander more than a development, economic development, happy birthday out to the Peace Corps, quarter billion dollars to destroy des- or other activities. And so it has been. and certainly it’s a great day to cele- perately needed hydroelectric dams. Or More than 200,000 Americans, young brate that birthday. here is a modest suggestion to address and old, men and women, have become Madam Speaker, what we are seeing the salmon population—count the Peace Corps volunteers. They have at the United Nations this week is a hatchery fish. served in 139 countries around the brazen rejection of the basic principle We’re told that this is the result of a world, and today they serve in over 70 of a negotiated peace. Tomorrow, local agreement between farmers and countries. It’s been a terrific program. Mahmoud Abbas will deliver a speech

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.007 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6351 at the United Nations where he is ex- The recent downgrade in relations by erated and controlled by actual human pected to formally announce a resolu- Turkey is very serious. The instability beings. The lethal autonomy drones tion to unilaterally seek the declara- of the Sinai is of enormous concern. would be computer programmed to tion of a Palestinian state. This is a dangerous neighborhood, and carry out their deadly mission inde- While we are ultimately committed recent events are bringing into sharp pendently. No human hand providing to a future where the two states, Israel view Israel’s daily reality—increased steering and guidance. and Palestine, are able to live side by isolation and living under siege. I can’t even begin to wrap my head side in long-term peace and security, As we witnessed with the flotilla last around the humanitarian red flags as- while all of us in this Chamber heard year, with the storming of Israel’s Em- sociated with this experiment in robot- directly from Israeli Prime Minister bassy in Cairo 2 weeks ago, or with ics. Netanyahu in May on his nation’s com- Turkey’s new aggressive, bellicose Software can break down. It could mitment to a two-state solution, the rhetoric and actions, Turkey, who even be hacked. Furthermore, com- question I have and which I wish every until very recently had enjoyed a suc- puters don’t have a conscience. They nation in the world who will be voting cessful diplomatic and economic part- aren’t nimble, they can’t make snap on this issue should ask itself is: Are nership with the State of Israel, events decisions based on new information or the Palestinians ready to make peace? in the Middle East can easily spiral out ethical considerations. They’re pro- This is the key question and is what of control and lead to outcomes that grammed to do what they do without Prime Minister Netanyahu laid out in nobody desires. judgment, discretion, or scruples. You his remarks right here in this Cham- Fortunately, the Members of this can just imagine, or I can anyway, ber: ‘‘The conflict has never been about Chamber have made it clear to the en- mass civilian atrocities thanks to a the establishment of a Palestinian tire world that we will not sit idly by robot drone raging out of control. Thankfully, a group called the Inter- state. It has always been about the ex- during the continued delegitimization national Committee for Robot Arms istence of the Jewish state. That is of the State of Israel and the inter- Control is speaking up and making what this conflict is about.’’ national community. I applaud the ef- Madam Speaker, this unilateral dec- these points. Pointing out that if we forts of my colleagues in both parties laration of independence is a direct have a treaty banning land mines, why who have continued to beat the drum challenge to the United States and the not one that outlaws these automatic and call this unilateral attempt ex- efforts and the dollars we have com- killer drones. actly what it is—an effort to cir- mitted in recent years to promote a According to the Post, the military cumvent direct negotiations and under- real, lasting peace. It is fundamental has begun to grapple with the implica- mine peace. that peace cannot be imposed from the tions of this technology. Well, I can outside. It can only be made in Jeru- b 1040 really suggest that they continue grap- salem and Ramallah. I am pleased that the President is pling before using these technologies There are too many difficult core committed to vetoing this unilateral and finding the flaws and possible issues which can only adequately be attempt in the Security Council if it harmful and unpredictable con- addressed through direct negotiations, does come to a vote, and I appreciate sequences. One advocate of these new drones be- which must be mutually accepted by his administration’s focus on this par- lieves it’s possible to program them to governments on both sides, and, most ticular critical issue. comply with international law regard- importantly, which must be ratified by We must continue in our efforts to ing the conduct of hostilities. Well, I’m the people who live there. Without urge the nations of the world to stand certainly skeptical. We couldn’t even these vital elements, you don’t have with the United States, support peace peace. You don’t even increase the get the last President of the United efforts in the Middle East, and oppose chances for peace down the road. Rath- States to understand and abide by the this resolution. er, you undermine the prospects for Geneva Conventions. I don’t know how Peace between Israel and her Pales- achieving it in the future. we’re going to get a robot to do it. This is the point of this unilateral tinian neighbors cannot be achieved Madam Speaker, the increasing dehu- declaration. Where is the commitment unless both sides sit and find common manization of warfare is part of a terri- to peace on the Palestinian side? ground. Unilateral declarations and fying trend. Somehow it’s easier to kill Palestinian officials have made it third parties cannot do it for them. one another when we have computers clear that this unilateral effort is an- The only path forward is for the and machines to carry it out for us, other means of isolating Israel and es- Israelis and the Palestinians to sit to- when we don’t have to stare our own calating the conflict against her. Pal- gether and find peace. It is time for Mr. mayhem in the face. estinian officials have made it clear Abbas to come back to the table—his As a member of the Science Com- that they seek to advance this bid so actions and decisions here must not be mittee, I’m totally enthusiastic about that they can attack Israel through the rewarded; our allies in the world should American high-tech innovation. But I international legal system, including recognize this—otherwise they are le- believe we should be using our knowl- taking actions against Israel in the gitimizing and ratifying the Pales- edge and ingenuity to give the civilian International Court of Justice. tinian refusals to negotiate. economy the boost it needs to create The tragic reality, Madam Speaker, f good jobs for hardworking middle class is that Israel lives in a very dangerous OPPOSING AUTOMATED KILLER Americans and to create a smarter re- region of the world, and the Israeli peo- DRONES sponse to world conflict. All of this ple absolutely have grave security con- money we’re funneling to defense con- cerns that should not simply be tossed The SPEAKER pro tempore. The tractors to devise evermore sophisti- aside by countries that are allies of the Chair recognizes the gentlewoman from cated ways to kill one another must be United States of America. The Israeli California (Ms. WOOLSEY) for 5 min- reinvested in alternatives to warfare people are surrounded by hostile neigh- utes. and nonviolent ways to resolving con- bors that want to drive Israel out of ex- Ms. WOOLSEY. Madam Speaker, flict. istence. We here in America must un- there was an article in The Washington That’s what my Smart Security plan derstand the reality on the ground and Post earlier this week that we should does. I’ve discussed this many, many the threats Israel faces each and every all find very unsettling and disturbing. times from this very spot. It’s called day. We know that in recent years the Smart Security. It defines military Israel is a peace-seeking democracy, Pentagon has increasingly used un- force as the very, very last resort. And and the Israeli people simply want to manned drone aircraft to carry out vio- it directs energy and resources toward live in peace and security. Iran has its lent acts of war. And frankly, that’s diplomacy, democracy promotion, de- proxies closing in: Hamas in Gaza; to bad enough. But now there’s a new and velopment, and peaceful ways of engag- the south there’s the Muslim Brother- even more frightening technology in ing with the rest of the world. hood, now gaining significant power in the works. It’s called ‘‘lethal auton- Madam Speaker, in two weeks’ time Egypt; Hezbollah is in the north; and in omy.’’ And under the system, the we will have been at war for a full dec- the northeast is Syria, led by Assad. drones would no longer be remotely op- ade. More than 6,000 Americans have

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.010 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6352 CONGRESSIONAL RECORD — HOUSE September 22, 2011 died, 10,000 innocent Afghans and Iraqis spending, excessive regulations, and the populations of California and have been killed for the cause of their higher taxes. And these three things Michigan combined who are living in so-called liberation. Many, many more have resulted in an environment that poverty in America. It’s really a moral of our own troops have been harmed has destroyed the confidence and pre- outrage that in the richest country in and will always be living with the re- vented job creators from hiring. the world so many Americans are fac- sults of their injuries. Washington must create an environ- ing or are living in poverty, lacking The time is now. The time is to stop ment favorable to job creation and economic opportunity and economic building machines that can kill more focus on removing this triple threat. security. efficiently and start bringing our First, we must continue to fight to rein Shamefully, our children bear the troops home. in Washington’s unrestrained spending. greatest burden. In 2010, 22 percent, or f This fall, the Congress will deal with one in five children, lived in poverty. a balanced budget agreement which PRESIDENT OBAMA’S AMERICAN That’s in America. Poverty continues would finally force Washington to live JOBS ACT to hit communities of color much hard- within its means and do what families, er, as the facts show. In 2010, the pov- The SPEAKER pro tempore. The businesses, and local and State govern- erty rate for whites rose to 9.9 percent. Chair recognizes the gentleman from ments are already required to do, and The poverty rate for African Ameri- (Mr. NUNNELEE) for 5 min- that is balance their budgets. cans rose to 27.4 percent. The poverty utes. We must focus on regulatory relief. Mr. NUNNELEE. Madam Speaker, we rate for Latinos rose to 26.6 percent. Just recently the House passed a bill For Asian Pacific Americans, the 2010 continue to suffer from an unemploy- that would prohibit the National Labor ment rate of over 10 percent, and poverty rate of 12.1 percent remained Relations Board from dictating where the same. America saw zero job growth in the an employer can and cannot locate jobs This massive poverty crisis we are month of August. Our Nation has a jobs in the United States. Employers need facing didn’t happen overnight. Pov- crisis. So why is the Obama adminis- to be allowed to invest in the State erty rates began to rise during the tration making it so difficult to create that offers the best economic climate Bush administration as 8 years of jobs? for job creation. Not only do we have a jobs crisis, but This week we’re going to vote on the failed economic policy wiped out all of we also have a debt crisis. These two TRAIN Act. the gains made during the Clinton things are interconnected, and we cer- The Obama EPA has imposed unnec- years. The cochairs of the Out of Pov- tainly should not make one worse essary and burdensome regulations on erty Caucus saw this day coming, and while making the other better. businesses, and we want to determine while little attention has been placed The President has outlined his $447 how those regulations affect electricity on the poor, we are determined to prick billion jobs plan, and it’s essentially prices, fuel prices, and unemployment. the conscience of this Congress and to stimulus number two. It’s the same re- act to stem the tide of poverty across cycled ideas that clearly didn’t work b 1050 America. from the last $800 billion stimulus. At The TRAIN Act will help uncover ex- The members of the congressional the same time, the President wants to actly how much the EPA is costing Out of Poverty Caucus sent a letter pay for his plan with $1.5 trillion in Mississippi consumers, farmers, small asking the Joint Select Committee on new taxes. businesses, and State and local govern- Deficit Reduction, more commonly It’s estimated that small business ments. These are just a few examples of known as the supercommittee, to stay owners would pay over half the taxes the frustrating regulations that have in line with prior deficit reduction raised under this proposal, ultimately come out of the Obama administration. agreements of the past by not cutting hitting our employers the hardest and Lastly, we must concentrate on tax programs that provide basic human creating an even worse environment reform. The Joint Select Committee services—the safety net. Of course, now for private sector job growth. has the opportunity to lay the founda- more and more Americans need this Tax increases destroy jobs. They’re tion for fundamental tax reform, but safety net. We must not balance the not an option. they must not enact tax increases. The budget on the backs of the most vul- Now, there are some issues we agree American people don’t need or want nerable. Unfortunately, now middle-in- on. For example, infrastructure fund- more solutions from the Federal Gov- come people are falling into the ranks ing. That’s an appropriate function of ernment. They want the Federal Gov- of the poor. As many of us know, mil- government. It’s something we could ernment to get out of their way. lions of people are just one paycheck do to boost a sagging economy. But the By tackling our spending problem, by away from poverty. problem is mistrust. With the Presi- removing excess regulations and by We really can turn the tide on pov- dent’s first stimulus, little went to ac- guaranteeing that taxes will not in- erty. The solution to boosting this tual infrastructure development. crease, we will unleash the American Now, we agree that we must move stagnating economy, reducing our economy and give businesses the con- long-term deficits, and lifting Ameri- forward on the three free trade agree- fidence they need to grow and create ments. By passing those agreements cans out of the crisis of poverty is real- jobs. ly the same. We must invest in cre- with Colombia, Panama, and South f Korea we’ll increase competitiveness of ating more stable, living wage jobs. In American manufacturers and have an POVERTY IN AMERICA fact, the most effective anti-poverty increase of 250,000 American jobs. The SPEAKER pro tempore. The program is an effective jobs program. While we can find common ground on Chair recognizes the gentlewoman from That is why Congress must imme- a few things, the President continues California (Ms. LEE) for 5 minutes. diately pass the President’s American to show reluctance on impacting enti- Ms. LEE of California. As founder of Jobs Act to begin the work of creating tlement program solvency. His pro- the congressional Out of Poverty Cau- jobs, reducing poverty, and jump-start- posal seeks to strengthen the inde- cus, I rise today to continue sounding ing our economy. pendent advisory board which was cre- the alarm about the tide of poverty Poverty rates have increased in rural ated by ObamaCare. This board of sweeping across this country. and urban communities throughout the unelected bureaucrats was given way Last week, the United States Census country. The American Dream has too much authority in the first place Bureau released its annual report, In- turned into a nightmare for millions. to determine what benefits are covered come, Poverty, and Health Insurance This is a crisis, but we must turn the and how much physicians are paid. Coverage in the United States: 2010. It tide, and we must start today. So I The best way to control costs in revealed a disturbing but unsurprising urge my colleagues on the other side of Medicare is to increase choice and spike in the poverty rate—from 14.3 the aisle to stop playing politics and to competition, not by empowering a percent in 2009 to a staggering 15.1 per- act on jobs now. We can and we must group of unelected bureaucrats. cent in 2010. act urgently to turn the tide of poverty The Obama administration has cre- In 2010, 46 million people lived in pov- sweeping across the Nation—a tide, ated a triple threat of out-of-control erty in America. That is essentially really, that knows no party affiliation.

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.011 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6353 PRESIDENT OBAMA’S JOBS AND Infrastructure Financing Authority, a who didn’t belong in the military.’’ DEFICIT REDUCTION BILLS solely owned subsidiary of the Federal Then he spit in her face. The SPEAKER pro tempore. The Government. It is not time for the Fed- She complained about her superior’s Chair recognizes the gentleman from eral Government to create corpora- abusive behavior and expressed fear of Florida (Mr. SOUTHERLAND) for 5 min- tions, corporations that have chief ex- him to other military personnel in the utes. ecutive officers and chief financial offi- chain of command. As is too often the Mr. SOUTHERLAND. I rise today cers, risk officers, chief compliance of- case, this reporting led to her being with great disappointment in the ad- ficers, chief operating officers, chief punished and not the perpetrator. ministration’s misguided agenda on job lending officers, general counsel, and Her superior began to drive past creation and deficit reduction. boards of directors who are lending Cioca’s home many times during the You see, I have been in a family that money—lending money—with terms day and called her repeatedly, leaving has created jobs for generations. Short- out to 35 years. her voice mails threatening her life. He ly after World War II, my grandfather Now, unfortunately, this is insanity. then began to break into her room at wanted to create an opportunity for his This sounds so much like the first night and stand over her bed. Seaman family. He wanted to create an oppor- stimulus—and the first stimulus, we Cioca began sleeping with a knife tunity to make a difference in his com- know, with 35 percent of those funds under her pillow to defend herself. munity. So, with a sixth-grade edu- having yet to be spent. We were prom- During work one day, her superior cation, with $3,000 of borrowed money, ised our unemployment numbers would thrust his groin into her buttocks as and with a dream to make a difference, not go over 8 percent. As a matter of she bent over to pick up some trash. He he did what small businesses do natu- fact, the administration claimed that then called her a ‘‘bleeping whore’’ and rally when they do not have the im- unemployment numbers by this time laughed. Seaman Cioca and another pediments of the Federal Government: would be at 6.5. Well, we all know that shipmate who witnessed the incident He created jobs. His dream, his vision, is not true. As a matter of fact, in my reported it to the command. Seaman included that—to make a difference, to home State of Florida, we’re living Cioca requested a transfer, but it was give other people an opportunity to with 10.7 percent unemployment, and, denied. forge a brighter and better future for last year, we spent most of the year at At the end of November 2005, the su- them and their families. 12—historic unemployment numbers. perior broke into Seaman Cioca’s room. He directed her to touch his It wasn’t a self-serving dream. b 1100 It was a dream to serve others. genitals. When she refused loudly, he During those decades following World Unfortunately, insanity, when you do grabbed her hand and pushed it into his War II, we saw that same example all the same thing over and over and over groin. When she yelled again and across this great Nation of people again, expecting different results, pushed her superior away, he struck doing what people were created to do— seems to be the order of the day; and her so hard in the face that she was make a difference. that is not what the American people thrown across the room and against a It is not government’s responsibility want right now. They want certainty. wall. to create a job through a bill. It is gov- They want certainty to be able to work Seaman Cioca and two other ship- ernment’s responsibility to create an hard, to have honest dealings and to mates, who witnessed the harassment, environment, an environment that pro- know that after they work hard and went to command and reported the as- duces certainty, an environment that a they’re honest, that they will have a sault. Command did nothing in re- small business owner has the guarantee brighter future when they wake up to- sponse. that he knows what his taxes are going morrow. In December 2005, Seaman Cioca was to be, that he knows what his fees are They deserve that. They deserve that ordered to go to retrieve some keys going to be, that he knows what his and unfortunately this plan goes in the from her superior, who was in his regulations are going to be, not just in opposite direction. So it bothers me stateroom. When he realized she was 6 months or 12 months, but for years, that with the regulations that we face, alone, he pulled her into the room, and that creates certainty. the cloud of uncertainty just grows. grabbed her by the hair and raped her. I had never served in elected office Madam Speaker, I say in closing, Command obtained an admission of before being sworn in as a Member of business has never been asked to do sex from the superior, but told Seaman this House in January. I went from more with less, and they clearly know Cioca that if she pressed forward with small business to Congress, and so I less certainty. reporting the rape, she would be court- bring with me that understanding that, f martialed for lying. They refused her if government gets out of the way and pleas to take a lie detector test so she RAPE AND SEXUAL ASSAULT IN if we can do what Americans do better could prove her case. MILITARY than any country in the world, we will The superior only pled guilty to hit- make our communities a better place, The SPEAKER pro tempore. The ting her. He got a slap on the wrist. and, yes, because of our benevolence, Chair recognizes the gentlewoman from She, on the other hand, was forced to we will make the world a better place. California (Ms. SPEIER) for 5 minutes. sign a paper saying she had an inappro- It was a great disappointment when Ms. SPEIER. Madam Speaker, I rise priate relationship with her superior the President came to this Chamber today, as I come each week, to share and was discharged. and the President introduced his plan. yet another horrific story about rape As part of the discharge process, I was saddened. Yes, there were some in the military. command made her stay in an all-male things that I agreed with that we need It is a black eye on this country that barracks for 60 days. She now suffers to do—the free trade agreements. We must be erased. Nineteen thousand from PTSD and an abnormal EEG due are still waiting for those free trade rapes a year occur in the military. to nerve damage in her face. agreements with Colombia, Panama, Those are figures determined by the Cioca later told the press, ‘‘It’s like and South Korea. We’re waiting. There Department of Defense itself. I encour- they didn’t care. It wasn’t important. I was agreement on tax reform. There age those who want to tell their story wasn’t important.’’ was agreement on payroll tax reduc- to email me at stopmilitaryrape Well, Seaman Cioca, you are impor- tion to give small businesses more @mail.house.gov. tant, and it is important. And it’s high money, to give individuals more money Today I am going to talk about Sea- time that the Congress of the United on their paychecks. We agreed there. man Kori Cioca, who served in the States take action to rid the military But if you look deeper into this bill, Coast Guard from August 2005 to June of rape. you will see, unfortunately, more of 2007. Her allegations are as follows: ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the same. Seaman Cioca was consistently The SPEAKER pro tempore. The This jobs bill creates a brand new, threatened and harassed by her supe- Chair will remind the Members that re- permanent, government-owned bu- rior. On one occasion, when she made a marks in debate must be addressed to reaucracy. As a matter of fact, it’s a mistake during a knot-tying quiz, he the Chair and not to others in the sec- corporation—the President’s American called her a ‘‘stupid bleeping female ond person.

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.014 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6354 CONGRESSIONAL RECORD — HOUSE September 22, 2011 JOBS oil and gas wells in America and the tions. Many small businesses that con- The SPEAKER pro tempore. The continental U.S. are stopped, then the tract with the government operate on Chair recognizes the gentleman from major oil companies that he’s demon- very slim profit margins, so a 3 percent Texas (Mr. GOHMERT) for 5 minutes. ized will actually make more money tax would create serious cash flow Mr. GOHMERT. Thank you, Madam than they’ve ever made in their his- problems for them at a time when so Speaker. tory, and it will be the middle hard- many are struggling. Aside from that, It’s always an honor and privilege to working Americans that will pay the this provision will actually cost the speak in this body. There has just been biggest price. They’re the least able to government money. Federal, State, and so much information about the Amer- afford dramatically higher gasoline local governments are already facing ican Jobs Act that the President has prices, but that’s what will happen. unprecedented deficits, and yet agen- touted that he demanded that we pass We are also told that we’re going to cies will have to create new collection here in this room, and at the time he go after the millionaires and billion- systems and may face higher costs for had no American Jobs Act. aires that have all this money and not goods and services if this is not re- The next day, Friday, he had spent paying their fair share. Now, to me, if pealed. The Department of Defense has millions of dollars, taxpayer dollars, we’re going to make sure everybody said that for the DOD alone, the provi- running around the country demanding pays their fair share, and you’ve got sion will cost $17 billion to implement. that people pass his bill. On Saturday, somebody like Warren Buffett that Madam Speaker, that is $7 billion more the same thing, all weekend, running pays a 15 percent capital gains tax, than the total revenue the tax is ex- around telling people to pass his Amer- why don’t we make everybody’s tax 15 pected to raise. In another example of ican Jobs Act when there was no such percent? Everybody in America ought Washington math, the provision will bill. to have some financial interest in see- force the government to spend more Monday afternoon, very late, there ing this government is accountable. money and end up eliminating jobs and became a bill. It’s hard to believe that That’s what should happen. hurting small businesses. this is what came out of the White Instead, at pages 134 and 135 of his Congress can certainly do better. We House because it does not represent bill—and, again, it has to be filed in must do better. Twenty million Ameri- what the President said he wanted to the House because it’s a revenue-rais- cans are out of work, and our small do, said he believed in. I’m sure he ing bill and under the Constitution businesses must have the certainty doesn’t have time to go through and he’ll have to start here—it’s not on they need to create more jobs. We can- actually read and see that the things file. There hasn’t been one Democrat not punish law-abiding businesses be- he’s saying in his speech are com- willing to file this disaster of a bill cause a few contractors do not pay pletely opposite of what he’s doing in that the President is out there beating their taxes. Instead, the government his so-called American Jobs Act, but us up over. Actually, he’s just saying should stop awarding government con- that’s why, after 6 days of being beat pass the American Jobs Act, which is tracts to businesses that do not pay. To up verbally by the President for not my two-page bill that really will create that point, the OMB and the Treasury passing his American Jobs Act and jobs. Department have announced several finding that there was no such Amer- b 1110 initiatives to prevent contracts from ican Jobs Act on file here in the House, going to companies that are delinquent I felt like I needed to help the Presi- But people need to know, Madam on their taxes. dent by creating an American Jobs Act Speaker, that the definition in here ap- Madam Speaker, we’re looking for that really will create jobs. So I filed a parently of a millionaire and billion- something we can do right now to help two-page American Jobs Act that will aire is anybody who’s married and job creation in America. Well, this is do more than anything the President makes over $125,000 a year. For some of it. Repealing the 3 percent withholding has talked about or put in writing to us, $125,000 a year is not a millionaire provision will provide a significant create jobs in America. or billionaire or gazillionaire. This is benefit to small businesses just by get- But just since the President is obvi- somebody who is paying taxes. They’re ting Washington out of their way. If we ously not aware of what’s actually in paying their fair share. They’re paying don’t repeal it, we will put small busi- his bill based on what he’s saying, in over 30 percent of their income in nesses, jobs across America, and our ef- the limited time we have here, I want- taxes. Well, why shouldn’t we just say, forts at economic recovery at greater ed to touch on some of these things. all right, ultra-rich like Warren risk. It’s time to get this harmful job- For example, the President said over Buffett, quit fighting not to pay the killing provision off the books forever. and over and over that he wants to go billions of dollars you already owe in f after these greedy, big oil companies taxes, just write the check. like British Petroleum, Exxon, Shell, I think if people will go read the RECESS those big companies, and that his President’s bill, they will find out we The SPEAKER pro tempore. Pursu- American Jobs Act, his bill, actually need to pass the American Jobs Act ant to clause 12(a) of rule I, the Chair will do that. It will go after their prof- that’s on file with the House. That’s declares the House in recess until noon its. He probably has no clue that the my bill. today. fact is the three pages of deductions f Accordingly (at 11 o’clock and 15 that are eliminated for oil companies, minutes a.m.), the House stood in re- REPEAL 3 PERCENT WITHHOLDING they’re basically for oil companies that cess until noon. PROVISION produce less than a thousand barrels of f oil a day. They don’t even apply to the The SPEAKER pro tempore. The b 1200 people that the President says he’s Chair recognizes the gentleman from going after for these unseemly profits California (Mr. HERGER) for 5 minutes. AFTER RECESS they’re making. Mr. HERGER. Madam Speaker, the 3 The recess having expired, the House I’m sure he’s also not aware, but the percent withholding provision, which was called to order by the Speaker at fact is that over 94 percent of all oil will come into effect if Congress does noon. not act, essentially forces businesses and gas wells drilled on the continental f U.S. are done by independent oil pro- that have contracts with the govern- ducers who these three pages will dev- ment to forgo 3 percent of their pay- PRAYER astate and put most out of business. ments as a downpayment on their tax The Chaplain, the Reverend Patrick And so the President, by these three bill. This represents yet another bur- J. Conroy, offered the following prayer: pages, that I’m sure he doesn’t really den on our Nation’s small businesses Eternal God, we give You thanks for understand what they do, but the fact and job creators, the lifeblood of our giving us another day. is they’ll put the independent oil pro- economy. Once again we come to ask You for ducers out of business. As a small businessman, I know first- wisdom, patience, peace, and under- They will affect the major oil compa- hand about the negative impact of bur- standing for the Members of this peo- nies because once over 94 percent of all densome taxes and cumbersome regula- ple’s House. At a time when once again

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.017 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6355 strong sentiments stand in opposition, ana (Mr. COATS) to serve as a member measures like the 30/10, America Fast we ask discernment for the Members of the National Commission for the Re- Forward initiative to get the infra- that they might judge anew their ad- view of the Research and Development structure we need to stay competitive herence to principle, conviction, and Programs of the United States Intel- tomorrow built today. That initiative commitment. ligence Community. promises to create 160,000 jobs in my Protect them from a deafness toward f area alone. Just think of what that one another, lest they slide unchari- good program could do for our country ANNOUNCEMENT BY THE SPEAKER tably toward an inability to work to- as a whole. gether to solve the important issues of The SPEAKER. The Chair will enter- A long-term bill will put us one step our day. tain up to 15 1-minute requests on each closer to realizing that goal. Give them the generosity of heart side. Keeping our Nation competitive in the future requires vision and boldness and the courage of true leadership to f in the present, and I urge my col- work toward a common solution which NO NEW TAXES might call for compromise, even sac- leagues to pass a long-term surface transportation bill equal to the oppor- rifice, on both sides. (Mr. LONG asked and was given per- tunity before us. In the end, may we all, as Americans, mission to address the House for 1 be proud of the processes of elective, minute and to revise and extend his re- f democratic government. marks.) WE LOVE OUR CARRIE MEEK May all that is done this day be for Mr. LONG. Mr. Speaker, I’m new to this House. I’m new to politics, actu- (Mr. DIAZ-BALART asked and was Your greater honor and glory. given permission to address the House Amen. ally. I’m a small business owner. I ran my own business for 30 years. And for 1 minute.) Mr. DIAZ-BALART. Madam Speaker, f when you have your own business, you today I rise to honor one of our former THE JOURNAL get a lot of free, unsolicited advice, and colleagues, a woman who is really an The SPEAKER. The Chair has exam- most of that advice is telling you how institution in south Florida, in Flor- ined the Journal of the last day’s pro- to run your business. ida, and in the Nation, and that is, of ceedings and announces to the House Back home, a fellow would tell you, course, Congresswoman Carrie Meek. his approval thereof. after his 30-minute dissertation on how She was the first African American Pursuant to clause 1, rule I, the Jour- to run your business, he’d stop and re- elected to the Florida Senate in 1982, nal stands approved. vise and extend his remarks by saying, and then along with two other col- ‘‘Well, I guess I can run everybody’s f leagues became the first African Amer- business but my own.’’ Because usually ican to be elected from Florida to the PLEDGE OF ALLEGIANCE they’ve been bankrupt a couple of U.S. Congress since Reconstruction. The SPEAKER. Will the gentleman times and been fired, but they want to But here is what I know and remem- from Missouri (Mr. LONG) come forward tell you how to run your business. ber about Carrie Meek. She is the con- and lead the House in the Pledge of Al- When I hear the United States gov- summate stateswoman. She is a person legiance. ernment say, ‘‘We need to create jobs, who loves her country. She loves this Mr. LONG led the Pledge of Alle- we need to tell the job creators how to institution. It doesn’t matter what giance as follows: operate, what to do,’’ I’m reminded of party you’re from. Whenever you have the fellow back home who says I can a need, whenever you have an issue, I pledge allegiance to the Flag of the when you want counsel, she’s the per- United States of America, and to the Repub- run everybody’s business but my own. lic for which it stands, one nation under God, Because we haven’t had a budget in son that to this day we continue to go indivisible, with liberty and justice for all. this country in over 850 days. to. So today again, Madam Speaker, I’m f We don’t do much right up here, and trying to run businesses is not some- here to honor a great woman, a great APPOINTMENT OF DIRECTOR OF thing we should be doing. We should be stateswoman, a person who in the OFFICE OF INTERPARLIAMEN- reducing taxes, reducing spending, re- State of Florida is revered by Repub- TARY AFFAIRS ducing regulation. And we need to get licans and Democrats alike. Her son followed her into Congress, Kendrick The SPEAKER. Pursuant to section those three free trade agreements from Meek, and he did a wonderful job, and 103(c) of Public Law 108–83, the Speaker the White House over here. If you don’t also comes from that great tree that is appoints Janice C. Robinson as Direc- believe me, ask the European Union. Carrie Meek. tor of the Office of Interparliamentary Car exports up over 200 percent after they signed their free trade agreement Again, I’m here to honor Carrie Affairs of the United States House of Meek. Carrie, we love you, we miss with Korea. Their aircraft is the same. Representatives. you, we honor you. It’s up over 2,300 percent. f f f MESSAGE FROM THE SENATE HONORING THE PEACE CORPS LONG-TERM INFRASTRUCTURE A message from the Senate by Ms. BILL (Mr. FARR asked and was given per- Curtis, one of its clerks, announced mission to address the House for 1 that the Senate has passed a bill and (Ms. HAHN asked and was given per- minute and to revise and extend his re- agreed to a concurrent resolution of mission to address the House for 1 marks.) the following titles in which the con- minute.) Mr. FARR. I rise today to honor the currence of the House is requested: Ms. HAHN. Madam Speaker, last 50th anniversary of the founding of the week we passed a bill to extend funding S. 633. An act to prevent fraud in small Peace Corps, and today over a thou- business contracting, and for other purposes. for critical highway and transit infra- sand returned Peace Corps volunteers S. Con. Res. 17. Concurrent resolution ex- structure projects for 6 months. I don’t are here in our Capitol to bring us the pressing the sense of Congress that Taiwan think 6 months is long enough. attention that the Peace Corps de- should be accorded observer status in the We’re told by businesses that they serves. International Civil Aviation Organization need certainty before they can invest, Congress passed legislation author- (ICAO). and the same is true for those busi- izing the Peace Corps and giving it a The message also announced that nesses that would help us build an in- mandate to ‘‘promote peace and friend- pursuant to provisions of Public Law frastructure that reflects the chal- ship.’’ 107–306, as amended by Public Law 111– lenges of the 21st century. To give that Since then, 200,00 Americans, includ- 259, the Chair, on behalf of the Repub- certainty, we need to pass a long-term ing myself and Congress Members TOM lican Leader, and after consultation highway and transit funding bill now PETRI, MIKE HONDA, and JOHN with the Chairman of the Select Com- so we can create lasting jobs. GARAMENDI have served our great coun- mittee on Intelligence, announces the In my home city of Los Angeles, try in the name of peace and friend- appointment of the Senator from Indi- we’re already pursuing innovative ship.

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.019 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6356 CONGRESSIONAL RECORD — HOUSE September 22, 2011 I am so proud that 18 volunteers cur- Black Caucus Annual Legislative Con- Medicaid, and Social Security than rently are serving from my district in ference, her colleagues are honoring Congresswoman Meek, who was a mem- California. They include Jonathan her today for her distinguished service ber of the Appropriations Committee; Cotham from Monterey. He’s producing to greater Miami, to Florida, and to and she actually counseled me to seek 500 environmental educational books in this Nation. a slot on that committee. El Salvador, which will help 6,300 folks In Congress, she focused on issues So, today, we say thank you for in local schools; Joshua Twisselman near and dear to her heart and to those fighting the good fight, and we applaud from Salinas. He’s teaching English in of her constituents, including economic all of your service and your work, Madagascar and has an English lan- development, education, affordable Carrie. Now, in this new chapter of guage radio station. housing, and issues affecting Haiti and your life, our young people continue to Just now there are 8,655 Americans Haitian Americans. benefit from your wisdom through your currently serving in 80 countries. But The Miami-Dade County community foundation, which really deserves all of Peace Corps service doesn’t end when has shown its appreciation to her by our support. you leave the country. This weekend, naming an elementary school, a health Carrie was a friend of my mentor’s, more than 1,300 Peace Corps volunteers clinic, a boulevard, a branch of a local our beloved Shirley Chisholm. I miss are here in Washington, D.C. They are college, and a community center in her sharing our memories of Shirley Chis- the advocates for peace and prosperity honor. holm, and I also remember so much and goodwill that the Peace Corps em- Congresswoman Meek once said, wise counsel that Carrie gave to me. I bodies. ‘‘Service is the price you pay for the remember her sound guidance and also Join me in making the 50th anniver- space which God has let you occupy.’’ I her principled stance. Today, I join in sary of the Peace Corps truly an oppor- cannot think of someone who embodies celebrating the many ways in which tunity to serve our country. this principle more than she. her work and her spirit have contrib- f Thank you, Carrie Pittman Meek, for uted to the success and well-being of standing up for all of us, and we are all countless, countless people throughout CREATING ECONOMIC CERTAINTY standing on your shoulders. south Florida, our country, and our (Mr. JOHNSON of Ohio asked and f world. I miss you, Carrie. I miss you espe- was given permission to address the IN TRIBUTE TO THE MEMORY OF cially during this Congressional Black House for 1 minute and to revise and MICHAEL COLE extend his remarks.) Caucus ALC weekend. I miss your con- Mr. JOHNSON of Ohio. Madam (Mr. LANCE asked and was given per- gressional classrooms. We love you. Speaker, solving this Nation’s crushing mission to address the House for 1 Thank you so much for your leader- unemployment problem has been my minute.) ship. Believe you me, all of us are bet- focus since the people of eastern and Mr. LANCE. Madam Speaker, I rise ter people as a result of your being southeastern Ohio sent me to Wash- today to pay tribute to the memory of here for so long and for your con- ington to start the process of change. Michael Cole, a distinguished New Jer- tinuing to fight the good fight for our Today I rise to outline five specific sey resident who died over the weekend seniors and for our children. actions we must accomplish to create and whose funeral will be held tomor- f row in Morristown, Morris County. economic certainty, give job creators WE LOVE OUR CARRIE MEEK the confidence they need to begin hir- Michael was among New Jersey’s dis- ing again, and make American compa- tinguished lawyers and public servants. (Mr. YOUNG of Florida asked and nies more competitive both here at He served as Governor Thomas Kaine’s was given permission to address the home and globally. chief counsel in the 1980s and was very House for 1 minute.) They are: require the Federal Gov- active in heading the board of the New Mr. YOUNG of Florida. Madam ernment to balance its budget annu- Jersey Legal Services Corporation. Mi- Speaker, I rise to join with my col- ally; scrap the current Federal Tax chael was a mentor to more than a gen- leagues in their friendly comments Code and implement a flatter, fairer eration of New Jersey lawyers, includ- about our former colleague from Flor- tax code; eliminate all pending Federal ing me when I worked under his leader- ida, Carrie Meek. regulations not directly tied to public ship in Governor Kaine’s administra- I first met Carrie when I was rep- health or national security; establish a tion. resenting her brother, who was a re- clear national energy policy; and re- Michael leaves his wife, Jaynee tired military veteran and a highly peal the President’s health care law. LaVecchia, a member of our State’s decorated veteran. That relationship Now, I’ve discussed all of this with highest tribunal, the New Jersey Su- ended when we laid him to rest at Ar- countless residents of eastern and preme Court, as well as a daughter, lington National Cemetery. We really southeastern Ohio, and they all like Elyse, and a son-in-law and grand- got to know each other well when I had what they hear. But the popularity of daughter. the privilege of chairing the Appropria- this agenda has little to do with me. The State of New Jersey has been en- tions Committee, and Carrie was a These ideas are rooted in the American riched enormously by the life of Mi- really great member of that Appropria- dream, and they can boost America’s chael Cole. My wife, Heidi, and I mourn tions Committee. I remember, in some economy and lead to real job creation. his loss, but join countless New of the very tense moments which hap- If this administration wants to help Jerseyans in celebrating his wonderful pened on occasion, she would always us, we can start creating the jobs Ohio life. find some way to bring a little bit of and America needs. f light and a little bit of pleasure to re- lieve the tension that was there. f WE LOVE OUR CARRIE MEEK We talked often. I would say Carrie, b 1210 (Ms. LEE of California asked and was Why is it that I can never get you to given permission to address the House vote right? WE LOVE OUR CARRIE MEEK for 1 minute.) And she would say, You know, Chair- (Ms. WILSON of Florida asked and Ms. LEE of California. I want to man, I’ve been wondering the same was given permission to address the thank Congresswoman WILSON for thing about you, why I can never get House for 1 minute.) bringing us together today to honor a you to vote right. Ms. WILSON of Florida. I have asked truly exceptional public servant and We had this great relationship. I miss some of my colleagues to join me today friend, Congresswoman Carrie Meek. her serving here because she brought a to pay tribute to a wonderful, wonder- Carrie Meek’s record of accomplish- lot to the House. She brought a lot to ful stateswoman who represented Flor- ments is truly too long to list, but her the committee. ida’s 17th Congressional District for unique commitment to fighting for our Carrie, like your other colleagues more than a decade—Congresswoman most vulnerable communities is un- have mentioned, we really love you; Carrie Pittman Meek. It is my present matched. Of course, there is no bigger and we really appreciate and respect district. As a part of the Congressional supporter and protector of Medicare, your service to our great Nation.

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.021 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6357 THE RESPECT FOR MARRIAGE ACT for 1 minute and to revise and extend the House for 1 minute and to revise AND THE END OF ‘‘DON’T ASK, her remarks.) and extend her remarks.) DON’T TELL’’ Ms. ROS-LEHTINEN. Madam Speak- Mrs. MCMORRIS RODGERS. Madam (Mr. PRICE of North Carolina asked er, I rise today to honor an extraor- Speaker, it is with tremendous pride and was given permission to address dinary woman, a dedicated public serv- that I rise today to reaffirm my deep the House for 1 minute.) ant, and a dear friend: Congresswoman and unwavering commitment to the Mr. PRICE of North Carolina. Madam Carrie Meek. Carrie has lived a life of State of Israel, our greatest friend and Speaker, the end this week of Don’t distinction, and her legacy is extensive closest ally in the Middle East. Ask, Don’t Tell shows us that we have and incredible. This is a country that has celebrated nothing to fear and can only gain by The granddaughter of a slave, Carrie our triumphs and mourned our trage- extending liberty and equality to all of became the first African American dies, a country that has shared our our citizens. Brave young men and woman to serve in the Florida Senate. principles of peace, freedom, and de- women will not be denied the oppor- My husband, Dexter Lehtinen, and I mocracy, and, most of all, a country tunity to serve their country, and sol- had the honor of serving with Carrie in that has, without fail, defended Amer- diers will be judged on their ability to the Florida House and then in the Flor- ica in her darkest hour. do their jobs, not on their sexual ori- ida Senate, and then Carrie went on to As the U.N. considers recognizing an entation. become the first African American independent Palestinian state, it is This is a great step forward, but from Florida since Reconstruction more important now than ever that we some seem eager to step back. In North elected to Congress. What an honor. stand up, speak out, and oppose this Carolina, there is a ballot initiative to While in Congress, Carrie worked vig- blatant attempt to circumvent direct amend the State constitution to ban orously and resolutely for her constitu- talks with Israel. I’ve joined with same-sex marriage. This seems to be ents in all of south Florida, playing an many other colleagues in a letter to more about turning out the Republican instrumental role in rebuilding our President Obama urging the U.N. to political base than about marriage, and community after the devastation of veto any resolution that grants the many of our businesses say it would Hurricane Andrew. Palestinian statehood without direct Her accomplishments and service to hinder their attempts to treat employ- negotiation with Israel. our south Florida community are too ees fairly. We must defeat it. Peace cannot be created or sustained many to be enumerated; however, she At the national level, we also have an through a single unilateral decision hasn’t rested on her laurels. Since leav- anachronistic law, the so-called De- from the U.N. I will continue to urge ing this Chamber, she continues her fense of Marriage Act. This should be the U.N. to veto, and I will stand with repealed. Repeal would ensure that commitment to service through The tremendous pride and admiration be- marriages entered into in one State Carrie Meek Foundation. side our friends in Israel. will be recognized by other States. This I ask my colleagues to join us today year, I have again cosponsored repeal in paying tribute to our dear friend, f and don’t intend to rest until DOMA is Congresswoman Carrie Meek. TRAIN ACT—REPUBLICANS’ SO- erased from the U.S. Code. f CALLED JOBS BILL Madam Speaker, history will judge (Ms. CHU asked and was given per- these efforts at discrimination harshly. JOBS mission to address the House for 1 It is time for America’s political lead- (Mr. HIGGINS asked and was given minute.) ers, including Members of this body, to permission to address the House for 1 Ms. CHU. Some in Congress want to catch up. minute.) use the jobs crisis as an excuse to roll f Mr. HIGGINS. Madam Speaker, we each talk in this Chamber about jobs. back clean air protections that have BALANCED BUDGET AMENDMENT The good news is legislation that will prevented 200,000 premature deaths. (Mr. COFFMAN of Colorado asked create jobs has already been intro- Today we are debating the TRAIN and was given permission to address duced. Now we have to pass it. Act. This is the Republicans’ so-called the House for 1 minute and to revise The American Jobs Act includes $50 jobs bill, conducting studies that will and extend his remarks.) billion to repair our aging infrastruc- do nothing but add paper to landfills Mr. COFFMAN of Colorado. Madam ture. It would create 3,100 jobs in west- instead of creating jobs by upgrading Speaker, if our Nation’s debt crisis has ern New York, alone, rebuilding our toxic power plants so that they are no taught us anything, it’s that we need a roads and bridges, which will encour- longer a threat to public health. permanent fiscal solution to keep age private development and even fur- The studies have been done. Ameri- America the permanent land of the free ther job creation. Economists have cans are still breathing mercury, ar- for our children and grandchildren. concluded that this bill will create 2 senic, and chromium, and we have a There is only one way to bind Con- million jobs and keep the U.S. from means to clean it up. It’s called the gress to such a commitment, and that sliding back into recession. Clean Air Act, and it was passed in is a constitutional amendment requir- Also, Madam Speaker, according to 1963. ing us to balance the budget. Ordinary the Alliance for American Manufac- No matter what anyone says, in- spending cuts and pledges to slash the turing, 2.8 million jobs have been lost creased pollution is not a sustainable deficit are no longer sufficient. over the last decade as a result of our path to job creation. Instead, we should Washington went on a record-break- trade deficit with China, including be saving lives, saving our environ- ing spending binge and left Americans 22,000 jobs in western New York, alone. ment, and investing in the clean tech in an economic hangover. New taxes, as American workers can compete with jobs of the future. some propose, would only punish the anyone so long as there is a level play- The TRAIN Act is a train wreck for victim and reward the spenders with ing field, but China is fixing the game Americans. more money to waste. We need to stop through currency manipulation. The f spending money we don’t have and Currency Reform for Fair Trade Act JOBS begin living within our means. The fu- would put a stop to that. ture of our Nation depends on it. The time is long past due for this (Mr. MEEHAN asked and was given A Washington promise is always tem- Congress to pass legislation that will permission to address the House for 1 porary. A constitutional amendment is create jobs. I urge the House to take up minute and to revise and extend his re- permanent. For the sake of tomorrow’s the American Jobs Act and the Cur- marks.) generations, let’s get it done today. rency Reform for Fair Trade Act imme- Mr. MEEHAN. Madam Speaker, few f diately. come to this Congress with more inter- est in protecting air and water than b 1220 f myself, as I did as a prosecutor who ac- WE LOVE OUR CARRIE MEEK THE STATE OF ISRAEL tually used the Clean Air Act, the (Ms. ROS-LEHTINEN asked and was (Mrs. MCMORRIS RODGERS asked Clean Water Act for the good of the given permission to address the House and was given permission to address country. We must find balance.

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.029 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6358 CONGRESSIONAL RECORD — HOUSE September 22, 2011 Madam Speaker, I am here today be- Washington bureaucrats have ignored END BURDENSOME REGULATIONS cause I woke up this morning with the calls from Congress asking for a delay (Mr. THOMPSON of Pennsylvania thought of steelworkers on my mind, in Medicare cuts to skilled nursing fa- asked and was given permission to ad- some of the 1,500 steelworkers whose cilities and rehab centers. dress the House for 1 minute and to re- jobs are now at risk since the Sun Oil My colleagues know that I have a vise and extend his remarks.) Refinery announced last week that it is reputation for being one of the more Mr. THOMPSON of Pennsylvania. getting out of the refining business—in fiscally conservative Members of Con- Madam Speaker, since this year began, essence, the inability to compete be- gress. I understand the need for cuts. the United States House has put forth cause of the overregulation that we But as one medical professional re- measure after measure to incentivize have—and these jobs are going to be cently said: ‘‘If I’m told I need an am- growth and end burdensome regula- shipped overseas. putation, I’d like to know what limb is tions, only to see them stall in the Good union-paying American jobs being cut off.’’ Senate and be ignored by the Presi- that could be here, because of the poli- The administration is proposing a dent. cies that are coming out of Wash- reckless cut of nearly 13 percent to Two years after passage of the stim- ington, are being destroyed and sent skilled nursing facilities and rehab ulus, unemployment remains at stag- overseas. It is counterintuitive; it is centers. Eighty percent of the overhead gering levels, despite billions of dollars counterproductive. We must use com- at these facilities is staffed, meaning still sitting in government coffers. It mon sense. the people who take care of our seniors was my hope that the President would We can’t let the rhetoric stand in the will be the first to lose their jobs. Re- move past his stimulus spending pro- way of reality. We must fight for the ceiving a lower quality of care at rehab posals and offer real economic relief. future of those jobs while we fight for centers means there’s a greater chance While some of the President’s proposals clean air. that patients will spend more time at a put forward in his Joint Session speech costly hospital, resulting in higher f merit consideration, this bill is no sub- overall costs. AMERICAN JOBS ACT stitute for the targeted, long-term poli- Madam Speaker, this isn’t common cies needed to empower private sector (Mr. SIRES asked and was given per- sense. This policy isn’t thinking smart. investment by facilitating an economic mission to address the House for 1 Our seniors deserve better, and I climate where businesses have the con- minute.) strongly urge the administration to re- fidence to hire workers and take on Mr. SIRES. Madam Speaker, the consider their position. President has offered a clear path for- new endeavors. ward to put the country back to work, f We’re not talking about real, pro- help small business succeed and hire, growth tax reform and regulatory re- lief because it sounds good. It’s what provide tax relief for our workers, and b 1230 rebuild America. our economy needs, and badly. The American Jobs Act will provide It’s time for Congress—both Cham- ARTIFICIAL PANCREAS TO HELP an immediate boost to our economy bers—and the President to recognize TREAT DIABETES through job creation and tax relief for the pressing need for real tax relief and American workers and businesses. Spe- (Mr. GENE GREEN of Texas asked aggressive regulatory reform. It’s time cifically, this plan will prevent teacher and was given permission to address for a new direction, and it’s time for layoffs and keep firefighters and police the House for 1 minute and to revise action. officers on the job. and extend his remarks.) It will support the modernization of Mr. GENE GREEN of Texas. Madam f at least 35,000 public schools across the Speaker, I rise today to express my country to ensure that every student strong support for the artificial pan- PASS THE AMERICAN JOBS ACT has access to a 21st century education. creas, which will transform the way we This plan will create even more jobs by treat diabetes in our country. Millions (Mr. SARBANES asked and was given investing in America’s crumbling in- of Americans have diabetes. Diabetes permission to address the House for 1 frastructure by rebuilding our roads, accounts for approximately $174 billion minute and to revise and extend his re- rebuilding our railways, and rebuilding in health care costs in the U.S. each marks.) our airports. year, 32 percent of our Medicare ex- Mr. SARBANES. Madam Speaker, I Finally, the American Jobs Act will penditures. want to commend the President for the cut payroll taxes in half for at least 160 Studies show that tight control of American Jobs Act. This bill gets million workers next year, allow more blood glucose levels significantly re- squarely behind the program of putting Americans to refinance their homes at duces or delays the development of dia- our country back to work and rebuild- today’s near 4 percent interest rates, betic complications. Most patients ing the Nation. and provide incentives for employers to with diabetes cannot achieve tight glu- As you go around and you talk to hire long-term unemployed workers. cose control with traditional diabetes people, Americans understand implic- Madam Speaker, Americans across tools. Erratic blood glucose levels can itly that we have to rebuild this coun- this country are counting on this Con- cause devastating complications, in- try and make it strong. That means a gress to swiftly act to create jobs and cluding kidney failure, blindness, nerve lot of things, but, first and foremost, it rebuild our economy. damage, amputations, heart attack, means investing in our infrastructure, f and stroke. rebuilding our bridges, tunnels, and The artificial pancreas can allow in- highways; and this bill would put re- HEALTH CARE dividuals suffering from diabetes to sources towards that task, investing in (Mr. DUNCAN of South Carolina regulate their blood glucose levels human capital, education, innovation, asked and was given permission to ad- using an insulin pump and a sensor. technology, entrepreneurship. This bill dress the House for 1 minute and to re- The system can prevent low and high would make sure that teachers go back vise and extend his remarks.) glucose levels and help individuals to work so they can teach our young Mr. DUNCAN of South Carolina. with diabetes avoid the worst and most people in the classroom, investing in Madam Speaker, when the health care costly complications while allowing strong communities. bill known as ObamaCare was being de- them to remain healthy until a cure is This bill would support resources for bated in this Congress, Republicans found. our firefighters, put more police offi- said the bill would bankrupt our coun- In April of this year, 250 Members of cers out there on the beat. That’s in- try, ration care for seniors, and cost the House, myself included, and 60 Sen- vesting in communities. We have to re- Americans jobs. ators sent a letter to the FDA urging build this country. The American Jobs Well, that’s exactly what will be hap- them to approve the artificial pan- Act does that. Let’s pass the American pening if the new provision of the law creas. I am encouraged by FDA’s re- Jobs Act, put this country back to goes into effect next week. Unelected sponse to have a decision by December. work.

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.026 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6359 CELEBRATING THE LIFE OF MATT UNLEASH THE AMERICAN Mr. STUTZMAN. Madam Speaker, BRUNO ECONOMY the American people want to be in the (Mr. NUNNELEE asked and was business of job creation and growth. (Mr. DENHAM asked and was given Unfortunately, Washington is in the permission to address the House for 1 given permission to address the House for 1 minute.) business of regulating, spending, and minute and to revise and extend his re- taxing. marks.) Mr. NUNNELEE. Madam Speaker, our Nation is faced with 10 percent un- This administration has barreled Mr. DENHAM. Madam Speaker, this employment and rising, out-of-control down the road of massive deficits, his- past weekend, California’s central val- deficits. And the Obama administra- toric debt, and ridiculous mandates. ley lost a great leader, a leader in the tion solution: spend more, tax more, We all know where that road leads— dairy construction field, a man that and regulate more. This has created an right off a cliff. has been a supporter to many commu- environment that has destroyed con- Job creators know that our $14.6 tril- nity causes, such as the Education fidence and increased unemployment. lion debt is a tax on the American tax- Foundation of Stanislaus County, Cen- Instead, Washington must create an payer. They know that higher taxes ter for Human Services, and the Memo- environment favorable to job creation. mean fewer jobs. And they know that rial Hospital Foundation. We must rein in out-of-control spend- focusing on compliance rather than in- Matt Bruno owned and operated ing. This fall, we will vote on a bal- novation is a failing business model. Turlock Dairy & Refrigeration, which anced budget amendment that will re- But in the face of these difficult employed 65 employees. He played a quire Washington to do what families times, Americans are optimistic. Not key role in the expansion of dairy and small businesses already do: live even the worst unemployment since farming in the area. His family grew within their means. We must remain the Great Depression can kill the peaches, almonds, and grapes, and he focused on relieving the regulations American spirit. Washington can give still continued that tradition on the that are choking job creation. And job creators confidence by living with- farm where he was raised. lastly, we must concentrate on tax re- in its means and reining in the regu- He graduated from Ripon High form, not tax increases, because in- latory machine. The American drive to School, was very active in real estate creased taxes are the enemy of job cre- succeed will take care of the rest. investing and commercial properties, ation. Job creators are ready for real and in 1972 he bought Turlock Refrig- The American people don’t want growth, not another failed stimulus. eration Center. A year later, he bought more solutions from the Federal Gov- Let’s pass a balanced budget amend- Turlock-based Miller Dairy Supply, ernment; they want the Federal Gov- ment to require Washington to use and the two companies were merged in ernment to get out of the way. And if common sense, just like Americans do. 1974. we do those things, we will unleash the f American economy and give businesses Matt Bruno is survived by his wife, the confidence they need to grow and b 1240 Barbara; sons, Tony and Matt; three to create jobs. grandchildren; brother, Ed Bruno of WE LOVE OUR CARRIE MEEK Ripon; and sister, Vickie Maselis of f (Ms. JACKSON LEE of Texas asked Modesto. WE’RE LOSING OUR MIDDLE and was given permission to address On this day, the House of Representa- CLASS the House for 1 minute.) tives will celebrate his life. (Mr. MORAN asked and was given Ms. JACKSON LEE of Texas. Madam permission to address the House for 1 Speaker, we love you, Carrie Meek. f minute.) And I am delighted to rise today to Mr. MORAN. Madam Speaker, cor- admit that Carrie Meek, Congress- woman Meek, was a mentor to me and WAR ON THE MIDDLE CLASS porate profits have now reached his- torically high levels—$2 trillion just in someone who drew the admiration of (Ms. SCHAKOWSKY asked and was the last two quarters. But most of that Republicans and Democrats and did given permission to address the House profit comes from reductions in per- some unique and remarkable activities for 1 minute.) sonnel and benefit costs which are at a here in this Congress. One, as a freshman, she pushed Ms. SCHAKOWSKY. Madam Speaker, 50-year low as a percent of our econ- enough to become a member of the Ap- Republican leaders have made the omy. This is one of the reasons why the propriations Committee and led gra- laughable accusation that the Presi- richest 1 percent earn as much as the ciously during her tenure. And then dent is engaging in class warfare. What bottom 60 percent and have as much she worked very closely with Repub- President Obama is actually doing is wealth as the bottom 90 percent of licans and Democrats to fight to ensure ending class warfare, the relentless war Americans. Tax cuts for the richest, as that cigarette packages had warnings on the middle class. Since 1983, over 80 the House majority demands, is only about the impact—the negative im- percent of the growth in income has going to widen this historic disparity. pact—on groups like African Ameri- gone to the richest 5 percent of Ameri- The President’s Jobs Act, though, will cans. cans, while the bottom 60 percent has help to close this gap. Carrie, do you remember the picture lost 7.5 percent in income, of real in- Madam Speaker, we’re losing our that we took with Rosa Parks and come. That’s the majority of Ameri- middle class. Our country is becoming some of our colleagues, and how gra- cans that are doing worse. divided between the very rich and the rest. That may be good for the finan- cious you were? And do you remember When I was growing up, a family cial base of the Republican Party, but the 25,000 people in Florida when they could live a middle class life on one it’s bad for America. The private sector were trying to overturn affirmative ac- good job, often a good union job, public will start to hire when the public sec- tion? And yes, you walked as long and or private sector, with health benefits tor shows it has sufficient faith in our as hard as anybody else. and a pension. That was the normal. future to adequately invest in the So, Carrie, I think the jobs bill that Seems like the new normal in America, physical and the human infrastructure the President has could be named after the one that I see the Republicans pro- of this country. It takes money, but you, where it provides some 80 percent moting is the rich get richer, the mid- the future of our middle class is worth compensation to small businesses to dle class is disappearing, and the poor it. hire people. That sounds like Carrie get even poorer. f Meek. And I think we can resolve the We need to enact bold laws like the CR and provide for those who have suf- President’s American Jobs Act and JOB CREATION AND GROWTH fered disasters and do the right thing. common sense and fair budget pro- (Mr. STUTZMAN asked and was That sounds like Carrie Meek. So I’m posals, both of which would help re- given permission to address the House here to pay tribute to our friend, store the middle class, protect the for 1 minute and to revise and extend Carrie Meek, and to thank her for send- poor, and keep America strong. his remarks.) ing her son, Kendrick, who is a great

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.031 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6360 CONGRESSIONAL RECORD — HOUSE September 22, 2011 friend, and to let you know that we battle that is still being fought today, port equally divided and controlled by the need to follow in the pathway of Carrie Congresswoman Meek passionately op- proponent and an opponent, shall not be sub- Meek that brings us all together to posed cuts to social welfare programs ject to amendment, and shall not be subject pass the jobs bill, a bill that could real- in the 1990s to prevent the financial to a demand for division of the question in the House or in the Committee of the Whole. ly be named after you Carrie, and as burden from being carried on the backs All points of order against such amendments well to ensure that we protect those of the middle class and the disadvan- are waived. At the conclusion of consider- who have been harmed by disasters. taged. ation of the bill for amendment the Com- Thank you, Congresswoman Carrie I have the distinction of offering mittee shall rise and report the bill to the Meek. EDDIE BERNICE’s full remarks and the House with such amendments as may have f compliments and congratulations from been adopted. Any Member may demand a all of our class that came here in 1992, separate vote in the House on any amend- BARRIERS TO JOB CREATION and an even greater distinction of ment adopted in the Committee of the Whole (Mr. SCALISE asked and was given to the bill or to the committee amendment speaking with Carrie perhaps as much in the nature of a substitute. The previous permission to address the House for 1 or more than most of the Members question shall be considered as ordered on minute.) with regularity and sharing with her the bill and amendments thereto to final Mr. SCALISE. Madam Speaker, this the number of jokes and a number of passage without intervening motion except House and this Congress need to be fo- anecdotes that we have together. one motion to recommit with or without in- cused on job creation. In fact, this I, as well as all of us, are proud of structions. House has passed scores of legislation you, Carrie, and the enormous work The SPEAKER pro tempore. The gen- out of the House over to the Senate that you have done and that you will tleman from Utah is recognized for 1 that would create millions of American continue to do through the foundation. hour. jobs. Yet the Senate refuses to take And thanks again for sending Kendrick Mr. BISHOP of Utah. Madam Speak- any action on them. to us as well. er, for the purpose of debate only, I And what do we get from the Presi- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE yield the customary 30 minutes to the dent? We get more of the same class The SPEAKER pro tempore (Mrs. gentleman from Florida (Mr. HAS- warfare and failed stimulus legislation. MILLER of Michigan). The Chair would TINGS), pending which I yield myself Of course, his first stimulus was such a remind all Members to address their re- such time as I may consume. During disaster. We had a hearing last week marks through the Chair. consideration of this resolution, all that exposed the Solyndra scandal. time yielded is for purpose of debate That’s the company that the President f only. used as the poster child for the stim- PROVIDING FOR CONSIDERATION GENERAL LEAVE ulus bill 2 years ago. And what hap- OF H.R. 2401, TRANSPARENCY IN pened? The taxpayers are on the hook REGULATORY ANALYSIS OF IM- Mr. BISHOP of Utah. I also ask unan- right now for over $530 million of PACTS ON THE NATION ACT OF imous consent that all Members may money that was thrown away by this 2011 have 5 legislative days during which company that the President called a they may revise and extend their re- year ago the ‘‘future of this country.’’ Mr. BISHOP of Utah. Madam Speak- marks. er, by direction of the Committee on Well, I don’t want a future of bank- The SPEAKER pro tempore. Is there Rules, I call up House Resolution 406 ruptcy, I don’t want a future of scan- objection to the request of the gen- and ask for its immediate consider- dal, and I don’t want a future of the tleman from Utah? ation. radical regulations and this class war- There was no objection. fare that this President has given to The Clerk read the resolution, as fol- Mr. BISHOP of Utah. Madam Speak- this country. We need to create Amer- lows: er, this resolution provides for a struc- ican jobs. We need to get these crazy H. RES. 406 tured rule for consideration of H.R. regulations off the backs of our small Resolved, That at any time after the adop- 2401, the Transparency in Regulatory business owners and create jobs in tion of this resolution the Speaker may, pur- Analysis of Impacts on the Nation. America. suant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Fortunately, the anagram comes to f Whole House on the state of the Union for TRAIN, so it’s the TRAIN Act of 2011. WE LOVE OUR CARRIE MEEK consideration of the bill (H.R. 2401) to re- It makes in order 12 specific amend- quire analyses of the cumulative and incre- ments out of the 14 that were received (Mr. HASTINGS of Florida asked and mental impacts of certain rules and actions was given permission to address the of the Environmental Protection Agency, by the Rules Committee. Of the two House for 1 minute and to revise and and for other purposes. The first reading of not made in order, one was withdrawn extend his remarks.) the bill shall be dispensed with. All points of by the sponsor and the other was not Mr. HASTINGS of Florida. Madam order against consideration of the bill are germane to the rules of the House. So Speaker, I want to thank FREDERICA waived. General debate shall be confined to what the Rules Committee has pre- the bill and shall not exceed two hours WILSON for organizing the ‘‘We Love sented here is a rule that is, quite Our Carrie Meek’’ 1-minutes. equally divided and controlled by the chair frankly, not bad. It is going to provide and ranking minority member of the Com- for an open discussion for those who Carrie, I want to make sure that you mittee on Energy and Commerce. After gen- understand that this is not funereal, eral debate the bill shall be considered for are interested in this particular issue and they’ve kind of made it sound that amendment under the five-minute rule. It on the floor. It’s a very fair rule, and it way. This is a tribute to you. And since shall be in order to consider as an original continues the record of the Rules Com- you and I came here together, along bill for the purpose of amendment under the mittee in this Congress of making as with , CORRINE BROWN, five-minute rule the amendment in the na- many amendments in order as possible and EDDIE BERNICE ture of a substitute recommended by the which simply conform to the rules of Committee on Energy and Commerce now JOHNSON, and BENNIE THOMPSON half- the House. That’s been the goal of our printed in the bill. The committee amend- chairman, Mr. DREIER, and say what way, since he came a little bit later, I ment in the nature of a substitute shall be speak for them as well. considered as read. All points of order you will, he has produced a standard of EDDIE BERNICE could not be here but against the committee amendment in the fairness in the floor discussions that asked that I recite a portion of her re- nature of a substitute are waived. No amend- we will be having here on the floor in marks, and that is that your career in ment to the committee amendment in the the past as well as in the future. the House was distinguished as well as nature of a substitute shall be in order ex- There are a lot of people that say that on the State level. cept those printed in the report of the Com- Congress is simply dysfunctional. I Almost immediately, the Congress- mittee on Rules accompanying this resolu- admit, the system was designed to be tion. Each such amendment may be offered woman established herself as a cham- only in the order printed in the report, may complex, but there are a lot of people, pion of expanding federal programs to be offered only by a Member designated in especially those that have very little create jobs and provide initiatives for the report, shall be considered as read, shall contact with this system, who simply African American business owners. In a be debatable for the time specified in the re- stand up and say, why can’t you just

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.034 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6361 reach across the aisle, find some com- Imagine that. Imagine a Federal agen- to be the case—and bring it back home promise, and work in a bipartisan man- cy seeking to institute rules and regu- in short time. ner? To those people who are contin- lations which actually took the time to Now that lake is dead, and it’s be- ually asking for that, you got it. It’s study the impacts of those plans and cause of mercury contamination that here today in this particular bill. rules and regulations first. Who could that lake is dead; 46,000 miles of The discussion draft of this bill was a oppose such a concept? It is just com- streams, and the stream that led into bipartisan bill with a Republican and mon sense. Lake Mobile is dead. And 225,000 acres Democrat sponsor. First hearings on There will be some that will com- of wetlands across the United States in this bill were done back in April, so plain, when the bill is discussed on the all 50 States have some type of fish they have done their due diligence in floor—maybe even here on the rule consumption advisory. Let me repeat studying the issue and working the bill itself—that this goal is to dismantle that: all 50 States have some type of to the point that they actually the EPA and dismantle other organiza- fish consumption advisory. scrapped the first bill and reintroduced tions. No programs are cut by this What’s more, there are substantial another, and once again, with bipar- process. Nothing is changed by this economic benefits to these clean air tisan sponsorship of the bill. process. Some will stand up and say rules that my friends are trying to b 1250 it’s going to be a biased study. There block. The EPA estimates that the are no limits to what the agencies can Mercury and Air Toxic Standards alone If you look at the cosponsors on this study. What this bill simply does is it could generate more than 30,000 con- bill, you will find Republicans and makes sure that what has been ignored struction jobs and 9,000 long-term util- Democrats. Even in the final vote in in the past is no longer ignored. ity jobs, benefiting steelmakers, pipe- committee, one Republican voted Are there some specific things that fitters, boilermakers, and others. against it, and 29 percent of the Demo- have to be considered? Yes, that’s The economic value of air quality crats actually voted for it. This is a right, because we specifically identify improvements totals $59 billion to $140 process to be envied. If you want a what has been ignored. There is noth- billion annually. That’s 25,300 lives lost good system, a bill that comes through ing in this bill that forbids any rules or to toxic air pollution; over 11,000 heart in a bipartisan manner, this is it. regulations. It just says to the agen- attacks; more than 12,000 asthma at- We all know that business is im- cies, for heaven sakes, get the facts tacks, and a significant portion of pacted by both legislation and regula- first. them being children; over 12,200 addi- tion, and sometimes the blatant dis- This bill holds the executive branch tional visits to the emergency rooms of regard for the cumulative negative im- agencies accountable and forces them our country; and hundreds of thousands pacts of onerous and sometimes over- to be reasonable and actually study of missed work days. lapping new rules and regulations have what they’re doing before they imple- Overall, the EPA predicts that the had a disastrous effect on industry and ment it. monetary value of protecting Ameri- on jobs. The current EPA appears to be This is a good bill, it is a very good cans’ health through implementing the driven to regulatory excess by assert- rule, and I would urge adoption of both. Clean Air Act is projected to reach $2 ing powers or controls in an area where I reserve the balance of my time. trillion in 2020 alone. Yet this bill ig- that power and control have never been Mr. HASTINGS of Florida. Madam nores those benefits. expressly delegated to the agency by Speaker, I rise today in strong opposi- Madam Speaker, all of us know that Congress. tion to H.R. 2401. I do thank my col- times are tough, but this great Nation So, Madam Speaker, while I’m sure league, Mr. BISHOP, for granting the has been through tough economic that every Member wants to have clean time for the opposition. times before. Environmental regula- air and clean water and all Americans This bill is really another attempt by tions are not the problem. The econ- want clean air and clean water—they the Republican leadership to demonize omy was really tough—and we are re- are vital objectives and laudable the Environmental Protection Agency minded of it often by my colleagues— goals—however, I also think that many and dismantle any government regula- under President Carter; yet the EPA at would agree that some of the current tion intended to protect our Nation’s the time managed to set new national issues in some areas have gone beyond public health and the environment. air pollution standards for airborne what Congress ever intended or ever H.R. 2401 is a waste of time and an lead and began the phaseout of ozone- approved, and also far beyond common absolute insult to the millions of layer-destroying gases from aerosol sense. It has not helped the economic Americans without jobs. Instead of spray products. health of this particular country, crafting legislation to increase con- Nor has protecting the environment which is why I commend the sponsors, sumer confidence, instead of helping always been a partisan issue. The EPA both sides of the aisle, who recognize Americans hold on to their homes, in- has also had great successes under Re- this problem and have come up with stead of creating jobs for the millions publican Presidents. Upon founding the this legislation to fix the problem. of people who are unemployed, instead EPA in 1970, President Richard Nixon The underlying bill, H.R. 2401, simply of relieving the burden of the middle said the following: ‘‘We can no longer says to the EPA—and potentially other class by making the Tax Code more afford to consider air and water com- agencies—stop, slow down. Take a fair, my friends on the other side are mon property, free to be abused by more careful look at what you’re doing asking us to vote on a bill that effec- anyone without regard to the con- or proposing to do. Take a serious and tively bars the EPA from finalizing and sequences. Instead, we should begin methodical look at whether or not implementing two of the most signifi- now to treat them as scarce resources what you’re doing is duplicative of cant air quality regulations in decades. which we are no more free to contami- rules and regulations already on the Coal plants—and let me lay my bona nate than we are free to throw garbage books, whether or not they are overlap- fides out here: I do believe in clean into our neighbor’s yard.’’ That was in ping, confusing, or contradictory rules coal—the biggest source of unregulated 1970. and regulations to those already on the mercury emissions in the United One of the first tasks assigned to the books. It tells them to do an analysis States, pump out 48 tons of emissions EPA was to enforce the Clean Air Act, of alternative strategies that may be every year. Mercury contaminates also signed by President Nixon. Since used to avoid damage to our fragile en- more than 6 million acres of freshwater its adoption, these regulations have vironment as well as our fragile econ- lakes, and I want to just take the pre- prevented an estimated 200,000 pre- omy. rogative of talking about one. mature deaths. This bill tells EPA—and others—that I was born in Altamonte Springs, before certain draft regulations go into Florida, and the nearest lake to where b 1300 effect, it actually needs to study and I was born is called Mobile. At one During President Reagan’s adminis- consider the cumulative impacts of point, my grandfather could pass by tration, the EPA tested elementary these new rules and regulations on en- and say to my grandmother, I’m going and secondary schools for asbestos for ergy production, on costs, on jobs, and down to the lake and catch some fish— the first time and named protecting en- on our Nation’s global competitiveness. and be guaranteed that that was going dangered wetlands a top priority, while

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.038 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6362 CONGRESSIONAL RECORD — HOUSE September 22, 2011 subsequently opening the new Office of Now, let me make it clear. I’ve quar- duty to protect our natural resources Wetlands Protection. reled, as have some of my colleagues, from the damaging effects of pollution And contrary to what many of my with the Environmental Protection that can accompany industrial devel- friends across the aisle believe, history Agency, as rightly we should when the opment. did not end with President Reagan. circumstances permit, and that is, in And more importantly, what he said President George H.W. Bush imple- my case, with the numeric nutrient is, what is conservative after all, but mented the new cap-and-trade policies standards that are proposed in Florida. one who conserves, one who is com- that successfully addressed the grow- A court has made a decision regarding mitted to protecting and holding close ing problem of acid rain. the enforcement of those nutrient the things by which we live? And we President Bush’s EPA also started standards, and I believe that the com- want to protect and conserve the land the wildly successful Energy Star pro- munities involved are prepared to un- on which we live, our countrysides, our gram, helping Americans save money dertake to do what’s necessary. And I rivers and mountains, our plains and through adopting energy-efficient do not believe that EPA has to involve meadows and forests. This is our pat- products and practices. Since then, En- itself at this point in time. rimony. This is what we leave to our ergy Star has saved Americans $17 bil- But when I quarrel with EPA, as I do, children, and our great moral responsi- lion on utility bills. I don’t do it in a way that demonizes bility is to leave it to them either as And on a more personal level, I grew the agency. I do it in a way that’s look- we found it or better than we found it. up at times with asthma, as did a cous- ing for a solution. He made those remarks at the dedica- in of mine who still suffers the effects One thing that I’ve learned in the tion of the National Geographic Soci- of it. Several of the employees that years that I’ve been in this institution ety’s new headquarters building in 1984. work with me now and some before is that whether you have a right or left President George W. Bush said, our have had asthma, and I genuinely be- or center ideological perspective, to country, the United States, is the lieve that if we did not have the clean begin demonizing certain people sug- world’s largest emitter of manmade air standards that we have today, some gests to me that those people probably greenhouse gases. We account for al- of us may not be here. have been successful. I don’t know Lisa most 20 percent of the world’s man- In light of all these accomplish- Jackson, the Environmental Protec- made greenhouse gas emissions. ments, it’s clear that H.R. 2041 is noth- tion Agency Cabinet official, but I do In addition, in a joint address to Con- ing more than an effort, at the behest know that the way people are scream- gress he said, I also call on Congress to of a big, big set of businesses, to delay ing about the work that she has done work with my administration to and block necessary and important reg- suggests that she must be having some achieve the significant emission reduc- ulations that will keep our country success. tions made possible by implementing safe and clean. It’s time to call my friends out on the clean energy technologies proposed Republicans claim that this bill as- the other side for their shenanigans, in our energy plan. Our working group sists agencies with their economic and show the American people that study has made it clear that we need to analyses of EPA regulations. This is they are more interested in helping big do a lot more. nothing more than a convenient, ad business and the wealthy than the mid- Those words from two Presidents hoc justification. dle class and working poor Americans that are revered, rightly, by many of Firstly, all major regulations already who continue to struggle all across this us in this institution, and certainly by receive years of extensive cost-benefit Nation every single day. my colleagues that are Republican that analysis before implementation. At the If we start cutting the regulations share the same ideological perspec- same time, this bill fails to take into that protect the environment when we tives, should be sufficient to put to rest account any of the health and environ- are down, where will we be when we re- this polluting bill that we could re- mental benefits of the regulations in cover? name the Toxic Polluting America question, rendering the one-sided I’ve seen firsthand what happens in measure. ‘‘cost-only’’ analysis set forth by this places that disregard environmental I reserve the balance of my time. bill unnecessary. protections for the sake of business. I Second, the version of the Energy remember being in Seong, China with a b 1310 and Commerce bill that was reported departed colleague, Gerald Sullivan, Mr. BISHOP of Utah. I thank the out suspends two major regulations who was chair of the Rules Committee, gentleman for not demonizing me or that have been the subject of analysis, and holding my hand in front of my my colleagues and our motives on this litigation, re-examination and rewrit- face and not being able to see it. I also bill. ing for over two decades. Both the Na- had that same experience in Los Ange- I continue to reserve the balance of tional Environmental Policy Act and les, California, in the late 1950s. my time. Executive order 12866 signed by Presi- This certainly is not the kind of Mr. HASTINGS of Florida. I’ll try to dent Clinton require Federal agencies home that we want to leave for our do better about that as we progress. to perform the type of analysis re- grandchildren. The air that we breathe, Madam Speaker, I yield 2 minutes to quired in the bill, including a com- the water that we drink, the soil on my good friend, a former member of prehensive cost-benefit analysis. which we produce our crops is the the Rules Committee, a distinguished By requiring unnecessary and dupli- earth that we call home. And, in my Member of this body from Maine (Ms. cative studies, my friends on the other view, we must keep it clean. PINGREE). side could not make their desire to in- Let me tell you what Ronald Reagan Ms. PINGREE of Maine. I thank my definitely block these regulations any said. If we’ve learned any lessons dur- colleague from Florida for his eloquent more clear. ing the past few decades, perhaps the words and for allowing me a moment to I’ve introduced an amendment that most important is that preservation of speak on the floor. carves out an exception for rules and our environment is not a partisan chal- Madam Speaker, the TRAIN Act will regulations drafted in adherence to the lenge. It’s common sense. Our physical repeal two critical clean air standards: rules already on the books, freeing health, our social happiness, and our the proposed Mercury and Air Toxics these important regulations to proceed economic well-being will be sustained Standards and the final Cross-State Air along as scheduled. only by all of us working in partner- Pollution Rule for power plants that Madam Speaker, based on what I’ve ship as thoughtful, effective stewards burn coal and oil. seen by this Republican-led Congress, of our natural resources. President I’m from the State of Maine, and it’s clear to me that they obviously Reagan made those remarks on signing Maine is the tailpipe of the Nation for have no intention of using their real an annual report of the Council on En- most atmospheric pollution. Nearly power to create jobs. Instead, they pre- vironmental Quality. 130,000 people in Maine have been diag- fer to waste time on measures such as Additionally, he said, in a radio ad- nosed with asthma. Yesterday in my this bill that are designed to do one dress, that I’m proud of having been office, I met with a wonderful young simple thing, and that is to further one of the first to recognize that States man named Jake, one of 28,000 children delay both past and future regulations. and the Federal Government have a in the State of Maine who suffer from

VerDate Mar 15 2010 04:27 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.040 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6363 asthma. I also met with his parents, ering a bill to tie up pending environ- so now by defeating the previous ques- small business owners who struggle to mental regulations in red tape, we tion and then passing the National pay more than a thousand dollars a should be bringing to the floor a bill we Manufacturing Strategy Act. The month in insurance and medication to can agree will improve our competi- American public is waiting. They need keep Jake healthy. tiveness and help the private sector jobs. They want us to act. So let’s Since 1970, the Clean Air Act has create good jobs. move forward together on something saved hundreds of thousands of lives The National Manufacturing Strat- we can agree to and get Americans and decreased air pollution by 60 per- egy Act requires the President to es- back to work. cent. Implementing Clean Air stand- tablish a bipartisan public/private Mr. BISHOP of Utah. I am pleased to ards will mean fewer kids and parents manufacturing strategy board. This yield as much time as he may consume will struggle with life-long costs of board would analyze the various fac- to the distinguished chairman of the dirty air. Improved standards will also tors that affect manufacturing, includ- Rules Committee, the gentleman from mean reducing the amount of mercury ing trade, taxes, regulations, among California (Mr. DREIER). and toxins in the air and water. others. It would also consider the gov- Mr. DREIER. Madam Speaker, I In 2000, the government determined ernment’s programs, policies, and role thank my extraordinarily quick-wit- that major coal-burning entities are in promoting manufacturing and iden- ted, thoughtful and hardworking col- the single largest source of manmade tify goals and recommendations for league from the Rules Committee for emissions of mercury in the United Federal, State, and private sector enti- yielding me the time. I rise in strong States. It’s estimated that 6 percent of ties to pursue in order to achieve the support of this rule, and I take the women in the U.S. of childbearing age greatest economic opportunity for floor to do my doggone-est to help us have dangerous levels of mercury in manufacturers in America. put in perspective why it is that we’re their blood, and more than 410,000 chil- The strategy will be reexamined here and what it is that we’re doing. dren born each year in the United every 4 years so it would reflect the Let me say that at the outset I think States are exposed to levels of mercury implementation of prior recommenda- most everybody acknowledges if you’re in the womb high enough to impair tions, reassess global markets and a job creator, that often government neurological development. technological development, and plot a regulation and government control has Madam Speaker, improved Clean Air revised strategy. undermined your potential to create Act standards will dramatically reduce The Federal Government already has new jobs and streamline your operation atmospheric pollution and decrease significant and broad influence on the and make sure you can deliver a prod- dangerous healthy effects of dirty air. domestic environment for manufac- uct or a service to a consumer at a The TRAIN Act would delay those turing; and certain areas of the govern- lower price. standards. ment rely greatly on a strong manufac- Let’s just at the outset say that the Companies are prepared to meet im- turing base, particularly our national notion of trying to tackle the issue of proved Clean Air Act standards by defense. Yet there’s little to unify the the overreach of government overregu- making further investments in tech- multitude of programs and policies lating businesses and individuals is a nology that would create over a mil- that exist throughout the government challenge that needs to be addressed. lion jobs in the United States between toward the common goals and agenda That’s really what came to the intro- 2011 and 2015. The TRAIN Act will for promoting our domestic manufac- duction by our colleague, Mr. SUL- delay those investments. turing base and securing our place in LIVAN, and the very hard work done by The SPEAKER pro tempore. The the world’s markets. Mr. WHITFIELD in the Energy and Com- time of the gentlewoman has expired. Unfortunately, the government’s pro- merce Committee of this so-called Mr. HASTINGS of Florida. I yield the motion of manufacturing has been ad TRAIN Act, T-R-A-I-N. Don’t ask me gentlelady an additional 30 seconds. hoc. Instead, we need to be proactive to say exactly what the acronym Ms. PINGREE of Maine. The TRAIN and organized and efficient across our means. I’d have to read it to see it. Act will delay those investments and government. It basically means that we’re going delay those jobs in this country. The Most of our competitors understand to have an entity put into place that’s TRAIN Act is bad for business, it’s bad the need for a strategy. Not just China going to look at both the costs as well for our health, and it’s bad for the and India but also Germany, Canada, as the benefits for dealing with the State of Maine. I urge a ‘‘no’’ vote on the United Kingdom, among others, issue of regulation. the TRAIN Act and a ‘‘no’’ vote on de- have developed and implemented strat- Now, my friend from Fort Lauderdale laying Clean Air Act standards. egies. regaled us in the Rules Committee Mr. BISHOP of Utah. I continue to This idea enjoys widespread support when we were marking this up a couple reserve the balance of my time. in America from a wide range of indus- of days ago about the time that he Mr. HASTINGS of Florida. Madam trial sectors, labor, and the public. A spent in Los Angeles. He told the story Speaker, if we defeat the previous ques- poll conducted last year by Alliance for about awakening and not being able to tion, I will offer an amendment to the American Manufacturing found that 86 open his eyes because the air pollution rule to provide that immediately after percent of Americans favor a national was so great in Los Angeles. He may the House adopts this rule, it will bring manufacturing strategy aimed at get- have shared that with our colleagues up H.R. 1366, the National Manufac- ting economic, tax, labor, and trade here on the House floor as he did in the turing Strategy Act of 2011. policies working together. Rules Committee. I don’t know. I Madam Speaker, I am very pleased to This public support already has been haven’t followed the debate that close- yield 3 minutes to the distinguished echoed in this Chamber where last year ly. I was in another meeting. gentleman from Illinois (Mr. LIPINSKI), we passed this bill by a bipartisan vote I will say that I live in Los Angeles whose father I had the privilege of of 379–38. today, and I represent the Los Angeles serving with as well. I urge my colleagues in the House to basin. I’m a Republican. I’m a Repub- Mr. LIPINSKI. Madam Speaker, I join me in calling for action on jobs lican who likes to breathe clean air, rise today to urge my colleagues to op- and the economy. We cannot continue and I’m a Republican who likes to pose the previous question so we can to sit idly as our manufacturing base drink safe water. I don’t have as a goal, bring to the floor a bipartisan bill that and quality, well-paying jobs depart for as a priority, the obliteration of air I reintroduced earlier this year, H.R. China, India, or elsewhere. quality or water quality. It’s not a pri- 1366, the National Manufacturing The SPEAKER pro tempore. The ority for me, and I frankly don’t know Strategy Act. time of the gentleman has expired. of any Democrat or Republican in this I know that my colleagues on both Mr. HASTINGS of Florida. I yield the institution who has a desire to do that. sides of the aisle recognize our near- gentleman an additional 1 minute. term and long-term economic chal- Mr. LIPINSKI. We must take action b 1320 lenges and understand that the Amer- to provide a competitive and focused I am also one who recognizes that ican people want us to help them get foundation for those who will continue many of the things that have been done back to work. So rather than consid- to make it in America, and we can do at the governmental level have played

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.041 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6364 CONGRESSIONAL RECORD — HOUSE September 22, 2011 a role in actually improving air quality that is freezing growth. It’s the EPA’s down this process and allow for an and in playing a role in improving effort to reduce toxins from old power analysis, that is already being done, to drinking water. I will say that there is plants.’’ be delayed. We want to protect and no desire on the part of anyone to un- Madam Speaker, millions of Ameri- conserve the land on which we live— dermine the assurance that we have of cans are hurting and are in desperate our countryside, our rivers, our moun- clean air and safe drinking water. need of our help. Instead of working to tains, our plains, and meadows and for- Now, having said that, I think it’s create jobs, my colleagues on the other ests. That’s what Ronald Reagan said. important for us to recognize that we side would rather consider ‘‘do noth- This is our patrimony. This is what we are going to do everything that we can, ing’’ bills. We’ve been doing nothing leave to our children, and our great though, to say when we see duplicative around here for a very long time now moral responsibility is to leave it to regulation. When we see the kind of and have been considering ‘‘do noth- them either as we found it or better burden that has been imposed, we ing’’ to get our economy back on track. than we found it. should see action taken. But guess This ‘‘do nothing’’ bill does not create Does the bill that we’re considering what? This committee is not empow- jobs, and it does nothing to help the today leave the land better than we ered to do anything—anything at all— struggle of middle class and working found it? I think you know the answer. like what has been described or implied poor Americans. Let me just give some I urge my colleagues to vote ‘‘no’’ on by my colleagues on the other side of examples of the time line on the Envi- the previous question, ‘‘no’’ on this the aisle. This committee will not be ronmental Protection Agency’s laws rule and the underlying bill, and I yield able to repeal any regulation as it re- and list them, in part, by administra- back the balance of my time. lates to drinking water or clean air or tion. Mr. BISHOP of Utah. Madam Speak- any of these ideas. I spoke earlier about the Clean Air er, I yield myself the balance of my I also want to say that I happen to Act of 1970 and the Clean Water Act time. I have to admit that in a prior exist- believe that good environmental policy that President Nixon vetoed. His veto ence, when I was a debate teacher in happens to be good business. I know was overridden, and then he signed it high school, one of the things we there is often this sense that, if you’re on October 18, 1972. taught our kids—because every team pro-environment, you must be anti- Under President Ford, we got the did it—was, regardless of what the bill business, and if you’re pro-business, Safe Drinking Water Act, and the can- was that the affirmative presented, to you must be anti-environment. I see cer-causing pesticides were banned. come up with a series of problems. In the two really going hand in hand; but There was the Toxic Substances Con- every instance, the negative team it’s important for us to make sure that trol Act in 1976 under President Ford. would always end with this plan, what- we don’t go overboard in undermining Under Jimmy Carter, we got the ever the plan was, resulting in a melt- businesses’ potential to address envi- Clean Water Act of 1977. Then the EPA ing of the polar icecap, which would ronmental needs with a regulatory bur- set a new national air pollution stand- trigger a thermonuclear war. It didn’t den that is as great as some have re- ard for lead, and I’m sure families with matter what the affirmative plan had. ported it to be. children understand that dynamic. The One of the negative arguments was it To me, we have made every single phaseout of chlorofluorocarbons took will melt the polar icecap and trigger a amendment that complied with the place in 1978. Under President Reagan, in 1982, we thermonuclear war. rules of the House in order, so we’re Sometimes when we’re here on the got the Nuclear Waste Policy Act and going to have an opportunity for a free- floor, I feel that we’re doing those the asbestos testing in schools, which flowing debate with Democrats, includ- same kinds of debate cases, because it was critically important throughout ing an amendment that the Democratic doesn’t matter what the bill is; it’s this Nation. We got the Chesapeake floor manager of this rule will have going to do all sorts of things. This bill Bay pollution cleanup and a 90 percent that has been made in order by the simply says that, before you imple- reduction of lead in gasoline. During Rules Committee. ment a rule or regulation, you’re going We’re going to have an opportunity that same period of time, although it to study everything, including its im- for a free-flowing debate, and I urge my was not his discovery, the ozone layer pact. problem was discovered. Then in 1986, colleagues to support this very com- One of the speakers who came to the President Reagan signed the Safe monsense measure. floor said there are two rules that are Drinking Water Act Amendments, the Mr. HASTINGS of Florida. I yield going to be prohibited in this bill. Now, wetlands protection measure, and the myself such time as I may consume. there are two rules specified in this bill My colleague from California spoke Right-to-Know Laws for chemical safe- that say, before you implement them, about what our committee would do. I ty. The Montreal Protocol was signed see what they will do to the jobs and would urge him to understand that by the President in 1987 and standards the economic cost. I mean, these rules Congress is doing it for them with this for underground storage tanks in 1988. could increase the electricity costs for measure. The sewage Ocean Dumping Ban also everyone, rich or poor, by 3, 4, 5 per- Madam Speaker, I ask unanimous came about in 1988. cent or more. We don’t know. Study it consent to insert the text of the The Alar pesticide ban for use on first before you do it. amendment in the RECORD along with foods came under President Bush. There was a rule that was passed in extraneous material immediately prior Toxic waste control came under Presi- my State dealing with particulate mat- to the vote on the previous question. dent Bush as well as the Pollution Pre- ter. In my area, in one of the very re- The SPEAKER pro tempore. Is there vention Act. Acid rain controls were mote rural areas, we do testing on solid objection to the request of the gen- enacted as well as the Energy Star pro- rocket motors. tleman from Florida? gram. There was no objection. Those are just a few, and I won’t go b 1330 Mr. HASTINGS of Florida. Madam into the many under President Clinton That testing could violate this rule. Speaker, the day before yesterday, and the few that have taken place No one knows for sure because the EPA Frances Beinecke, the president of the under President Obama. didn’t do that kind of analysis. Natural Resources Defense Council, With that said, there seems to be this One of the private sector groups said said the following: act against the Environmental Protec- the U.S. Environmental Protection ‘‘GOP lawmakers would have us be- tion Agency that suggests that they Agency disturbingly admitted that the lieve that the public health and envi- have been harmful in some way—that’s impact on American jobs is not a con- ronmental safeguards stemming from another word for ‘‘demonize’’—that sideration in rulemaking, even while the Clean Air Act—a 40-year-old law they’ve been harmful, the EPA, in all the United States continues to struggle signed by President Nixon—are thwart- of these things that have been done through the recession and unaccept- ing economic growth. It’s not the un- throughout all of this time that have ably high unemployment. regulated market in mortgage debt, helped our environment. I’m sorry, that’s one of the things the U.S. trade deficit with China, or I just, for the life of me, don’t under- that should be considered in rule- the shaky state of European banks stand why it is now we want to slow making. Is there an executive order

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.043 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6365 that mandates it? Yeah, but it’s not As a member of the Energy and Commerce Mr. Clarence Cannon’s Precedents of the being done. Committee, I commend the leadership of House of Representatives (VI, 308–311), de- So what we want to do is to have a Chairman UPTON and Energy and Power Sub- scribes the vote on the previous question on the rule as ‘‘a motion to direct or control the law passed that says, yeah, what is not committee Chairman WHITFIELD for their lead- being considered should be considered. consideration of the subject before the House ership on this issue. H.R. 2401 would put the being made by the Member in charge.’’ To It doesn’t stop the rulemaking, it brakes on several of EPA’s most damaging defeat the previous question is to give the doesn’t stop the rule, it doesn’t roll regulations until an interagency committee can opposition a chance to decide the subject be- back anything, it doesn’t kill anybody, fully study the cumulative effect of all pro- fore the House. Cannon cites the Speaker’s it doesn’t melt the polarized cap, and it posed rules. This study would analyze both ruling of January 13, 1920, to the effect that doesn’t start thermonuclear war. It die health and social benefits as well, as the ‘‘the refusal of the House to sustain the de- simply says we will have a commission, actual impact on economic competitiveness, mand for the previous question passes the interagency, together to look at spe- trade, energy supplies, consumer spending, control of the resolution to the opposition’’ cific things; and we will consider it. and jobs. in order to offer an amendment. On March So before you come up with another Madam Speaker, millions of out-of-work 15, 1909, a member of the majority party of- rule or regulation, you know the total fered a rule resolution. The House defeated Americans are desperately crying out for us to the previous question and a member of the impact, what it does to the environ- help put them back to work. During these opposition rose to a parliamentary inquiry, ment, what it does to the economy, challenging economic times, we should not asking who was entitled to recognition. what it does to human beings. allow burdensome federal regulations from the Speaker Joseph G. Cannon (R-Illinois) said: Studying is something we should all EPA to add more people to the unemployment ‘‘The previous question having been refused, recognize and we should all want. This rolls. For this reason, I ask all of my col- the gentleman from New York, Mr. Fitz- is what the bill does. It doesn’t destroy leagues to support this rule and the underlying gerald, who had asked the gentleman to anything, it doesn’t cut anything, it bill. yield to him for an amendment, is entitled to doesn’t stop anything. It just says be- The material previously referred to the first recognition.’’ fore you proceed, you know what Because the vote today may look bad for by Mr. HASTINGS of Florida is as fol- the Republican majority they will say ‘‘the you’re doing, and that should be com- lows: vote on the previous question is simply a mon sense. AN AMENDMENT TO H. RES. 406 OFFERED BY vote on whether to proceed to an immediate That should be what we were doing in MR. HASTINGS OF FLORIDA vote on adopting the resolution . . . [and] the first place. And if it takes a piece At the end of the resolution, add the fol- has no substantive legislative or policy im- of legislation to make sure we do what lowing new sections: plications whatsoever.’’ But that is not what we should have been doing in the first SEC. 2. Immediately upon adoption of this they have always said. Listen to the Repub- place, let’s pass this legislation, this resolution the Speaker shall, pursuant to lican Leadership Manual on the Legislative bipartisan legislation with Republican clause 2(b) of rule XVIII, declare the House Process in the United States House of Rep- resolved into the Committee of the Whole and Democrat sponsors that was passed resentatives, (6th edition, page 135). Here’s House on the state of the Union for consider- how the Republicans describe the previous with Republican and Democrat votes— ation of the bill (H.R. 1366) to require the question vote in their own manual: ‘‘Al- and actually one Republican voted President to prepare a quadrennial national though it is generally not possible to amend against it as well. manufacturing strategy, and for other pur- the rule because the majority Member con- This is a bipartisan process, this is a poses. The first reading of the bill shall be trolling the time will not yield for the pur- bipartisan bill, this is a good piece of dispensed with. All points of order against pose of offering an amendment, the same re- underlying legislation, and it is an in- consideration of the bill are waived. General sult may be achieved by voting down the pre- credibly fair rule because, remember, debate shall be confined to the bill and shall vious question on the rule . . . When the mo- 12 of the 14 amendments, every one not exceed one hour equally divided among tion for the previous question is defeated, and controlled by the chair and ranking mi- control of the time passes to the Member that could be made in order, was made nority member of the Committee on Energy in order to be discussed and debated on who led the opposition to ordering the pre- and Commerce and the chair and ranking mi- vious question. That Member, because he this floor, which is the way we should nority member of the Committee on the then controls the time, may offer an amend- be doing things at all times. It’s a Budget. After general debate the bill shall be ment to the rule, or yield for the purpose of great process, and I look forward to lis- considered for amendment under the five- amendment.’’ tening to the debate on all 12 amend- minute rule. All points of order against pro- In Deschler’s Procedure in the U.S. House ments as well as the base bill when we visions in the bill are waived. At the conclu- of Representatives, the subchapter titled finally get to the position of debating sion of consideration of the bill for amend- ‘‘Amending Special Rules’’ states: ‘‘a refusal ment the Committee shall rise and report to order the previous question on such a rule this bill on the floor. the bill to the House with such amendments Mr. GINGREY of Georgia. Madam Speaker, [a special rule reported from the Committee as may have been adopted. The previous on Rules] opens the resolution to amend- I rise in strong support of this rule and the un- question shall be considered as ordered on ment and further debate.’’ (Chapter 21, sec- derlying legislation, H.R. 2401—the TRAIN the bill and amendments thereto to final tion 21.2) Section 21.3 continues: ‘‘Upon re- Act. At a time when we have 14 million people passage without intervening motion except jection of the motion for the previous ques- out of work in this country, we must enact one motion to recommit with or without in- tion on a resolution reported from the Com- commonsense policies that will reduce the structions. If the Committee of the Whole mittee on Rules, control shifts to the Mem- regulatory burden on job creators so that they rises and reports that it has come to no reso- ber leading the opposition to the previous lution on the bill, then on the next legisla- can put people back to work. question, who may offer a proper amendment tive day the House shall, immediately after or motion and who controls the time for de- Unfortunately, over the past 30 months the third daily order of business under clause under the Obama Administration, the EPA has bate thereon.’’ 1 of rule XIV, resolve into the Committee of Clearly, the vote on the previous question issued a wide array of large, expensive regu- the Whole for further consideration of the on a rule does have substantive policy impli- lations that affect virtually every facet of the bill. cations. It is one of the only available tools SEC. 3. Clause 1(c) of rule XIX shall not U.S. economy, from homeowners, hospitals, for those who oppose the Republican major- apply to the consideration of the bill speci- and farmers to small businesses and manu- ity’s agenda and allows those with alter- fied in section 2 of this resolution. facturers. H.R. 2401 addresses two of the native views the opportunity to offer an al- more egregious of these regulations. First, the (The information contained herein was ternative plan. Utility MACT is designed to limit emissions of provided by the Republican Minority on mul- Mr. BISHOP of Utah. I yield back the mercury, acid gases, and non-mercury metals tiple occasions throughout the 110th and balance of my time, and I move the from power plants. Next, the Transport Rule is 111th Congresses.) previous question on the resolution. designed to establish specific statewide caps THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The for sulfur dioxide and nitrogen oxide emissions IT REALLY MEANS question is on ordering the previous from power plants. This vote, the vote on whether to order the question. Madam Speaker, through these proposed previous question on a special rule, is not The question was taken; and the rules, the combined cost on job creators will merely a procedural vote. A vote against or- Speaker pro tempore announced that be $17.8 billion annually and will jeopardize dering the previous question is a vote against the Republican majority agenda and the ayes appeared to have it. 1.4 million jobs by 2020. The Utility MACT rule a vote to allow the opposition, at least for Mr. HASTINGS of Florida. Madam alone is estimated to increase electricity costs the moment, to offer an alternative plan. It Speaker, on that I demand the yeas on families by nearly 4% at a time when our is a vote about what the House should be de- and nays. economy can least afford it. bating. The yeas and nays were ordered.

VerDate Mar 15 2010 06:16 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.045 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6366 CONGRESSIONAL RECORD — HOUSE September 22, 2011 The SPEAKER pro tempore. Pursu- have a climate that will create jobs so know the proverbial Everett Dirksen ant to clause 8 of rule XX, further pro- that people—many of whom I rep- line: A billion here, a billion there; be- ceedings on this question will be post- resent, sadly, and I know the Speaker fore long, you’re talking about real poned. faces the same thing in the Show Me money. And that was five decades ago f State of Missouri, and my friend in his that he said that, and we are where we State of Massachusetts faces this. We are now. RECESS have friends and neighbors who have So the plan, as proposed by some, The SPEAKER pro tempore. Pursu- lost their jobs, who have lost their Madam Speaker, would take us to as ant to clause 12(a) of rule I, the Chair homes, who have lost their businesses, much as $4 trillion in spending cuts, declares the House in recess subject to and the message that has come to us and I hope we can do that in a bipar- the call of the Chair. overwhelmingly is that we must put tisan way. Accordingly (at 1 o’clock and 34 min- into place policies that will encourage Now we are in a position where we— utes p.m.), the House stood in recess job creation and economic growth. as I said yesterday during the debate subject to the call of the Chair. We obviously have a very troubled on the rule on this issue, last year, for global economy. The developments the first time since the 1974 Budget Act f that have taken place in Europe have was put into place, we didn’t have a b 1534 played a big role in leading to today’s budget that was proposed to us. AFTER RECESS huge drop in the stock market. I b 1540 haven’t looked at it in the last few Hey, I’m not in the business of point- The recess having expired, the House minutes, but earlier today it was down was called to order by the Speaker pro ing the finger of blame. I’m just in the over 400 points, and I know we have ob- business of looking at the facts of tempore (Mrs. EMERSON) at 3 o’clock viously difficult decisions that lie and 34 minutes p.m. where we are. So we know what has ahead for many. been inherited. We know, as we hear f We, as an institution, the United these very strong statements being States Congress, have a responsibility made, that we’ve gone through a dif- WAIVING REQUIREMENT OF to address the fiscal needs and chal- CLAUSE 6(a) OF RULE XIII WITH ficult 9 months. We had to deal with lenges that are before us. One of those the continuing resolution to simply RESPECT TO CONSIDERATION OF challenges and one of the factors that CERTAIN RESOLUTIONS clean up the mess. The Acting Speaker has played a role in the economic is a member of the Appropriations Mr. DREIER. Madam Speaker, by di- downturn, I believe very strongly, has Committee, and she knows very well rection of the Committee on Rules, I been the $141⁄2 trillion national debt the challenges that we had with those call up House Resolution 409 and ask that looms before us. appropriations bills having to be done for its immediate consideration. Again, as you know very well, last year. That Appropriations Com- The Clerk read the resolution, as fol- Madam Speaker, in a bipartisan way, mittee on which the Acting Speaker lows: Democrats and Republicans alike decry sits has to deal with this issue, and had H. RES. 409 the $141⁄2 trillion national debt that we to deal with it earlier this year. Today, Resolved, That the requirement of clause have and the fact that we have deficits Madam Speaker, we are in a similar 6(a) of rule XIII for a two-thirds vote to con- going as far as the eye can see. position. sider a report from the Committee on Rules Now, we know that last July, just be- We, right now, know that the fiscal on the same day it is presented to the House fore we adjourned for the month of Au- year comes to an end next week. We is waived with respect to any resolution re- gust, we had to deal with the question have some very important priorities ported through the legislative day of Sep- of whether or not we were going to in- that need to be addressed, and the one tember 30, 2011, relating to a measure mak- crease the debt ceiling. We tackled ing continuing appropriations for the fiscal that everyone is talking about is the year ending September 30, 2011. that issue, and we ended up coming to fact that we have seen disaster after a bipartisan consensus. We all knew disaster hit this Nation. We are deter- The SPEAKER pro tempore. The gen- that it was necessary for us to increase tleman from California is recognized mined to ensure that those who have the debt ceiling because there was a re- suffered most over the past several for 1 hour. sponsibility to pay the bills that have Mr. DREIER. Madam Speaker, for weeks and months from disasters— been accumulated in the past. flooding—and I remember seeing my the purpose of debate only, I yield the From this side of the aisle, we com- colleague from Vermont (Mr. WELCH) customary 30 minutes to my very good plained and fought against the 82 per- yesterday. He sent out photographs of friend, my Rules Committee colleague, cent increase in non-defense discre- the devastation of the flooding that the gentleman from Worcester, Massa- tionary spending that we’ve seen over has taken place in Vermont. In Penn- chusetts (Mr. MCGOVERN), pending the past 4 years, but with that money sylvania, we just had a Republican which I yield myself such time as I having been spent, we recognized that Conference at which one of our new might consume. During consideration the bills had to be paid. colleagues, Mr. MARINO, was up, talk- of the resolution, all time that is yield- That led us, Madam Speaker, to come ing about the fact that he has been ed is yielded for debate purposes only. to a bipartisan consensus that we walking through mud, talking to fami- GENERAL LEAVE would, in fact, increase the debt ceil- lies—to parents who have their chil- Mr. DREIER. I ask unanimous con- ing; but we had to tackle, in a bipar- dren literally sitting on automobiles sent that all Members have 5 legisla- tisan way, the deficit and debt issues because they can’t get into their tive days in which to revise and extend that are looming before us. homes—and asking what it is that their remarks on the matter that is be- So we put into place a joint select they’re going to do. fore us. committee which, as we all know, is We have our fellow Americans who The SPEAKER pro tempore. Is there going to be charged with, by November are suffering, and we want to ensure objection to the request of the gen- 23, completing its work and, by Decem- that the dollars necessary for the Fed- tleman from California? ber 23, having a vote in the House and eral Emergency Management Agency There was no objection. the Senate. And if they’re not success- are there. The chairman of the Appro- Mr. DREIER. Madam Speaker, we are ful, we will deal with sequestration, priations Committee reported to us dealing with extraordinarily chal- which will be across-the-board spend- that we’re seeing about $30 million a lenging times. ing cuts that I don’t think anyone day being expended through the FEMA The American people have been send- wants to see happen because we want funding, and there’s about $200 million ing a message to us which is powerful to be in a position where we make left. So we are faced with the prospect and overwhelming, and it’s one that I those decisions for $11⁄2 trillion. And as of expiration—the expiration of all of believe that both Democrats and Re- many have said, that group of Senators the resources that FEMA needs—by publicans have heard, and that is: We the other day said a $4 trillion—excuse this weekend, Madam Speaker. That’s need to get our economy back on me—$4 billion. What is the number? I the reason that we are back here track. We need to make sure that we was right, $4 trillion. Excuse me. You today.

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.047 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6367 We all know what happened yester- With that, I reserve the balance of time to read the bill. No ability to day. The Democratic majority and my time. amend the bill. some Republicans chose to vote ‘‘no’’ Mr. MCGOVERN. I want to thank the So much for the new open Congress. on the continuing resolution, which gentleman from California, Chairman It wasn’t too long ago that my col- would simply take us from now to No- DREIER, for yielding me the customary leagues on the Rules Committee were vember 18—a very short period of time, 30 minutes, and I yield myself such touting the new open Congress. Look just a matter of a month and a half—so time as I may consume. how far this new Republican House has that during that time we can, as (Mr. MCGOVERN asked and was fallen. Speaker BOEHNER has said, deal with given permission to revise and extend Madam Speaker, it is disappointing the overall appropriations process and his remarks.) that we’re here today. It’s dis- establish the priorities. So we are here Mr. MCGOVERN. Here we go again, appointing that the Republicans are today, having had a meeting in the Madam Speaker. Republicans are, once making a mockery of the legislative Rules Committee last night, calling for again, going back on their promises for process. It’s disappointing that they same-day consideration so that, quite a more open, more transparent House continue to choose politics over the possibly, with some modifications, we of Representatives—another martial American people. The American people can bring up that bill which had en- law rule designed to fix problems of deserve better than this. joyed bipartisan support. their own doing, another effort to With that, Madam Speaker, I reserve It is no secret, I’m sure the Demo- break the rules just to fix their own the balance of my time. crats will acknowledge, that the mi- mess. Mr. DREIER. Madam Speaker, I yield nority whip, Mr. HOYER, and the rank- And it didn’t have to be this way. myself such time as I may consume to ing member of the Appropriations For months, we’ve known that more say to my friend that it’s very unfortu- Committee, Mr. DICKS from Seattle, disaster assistance was needed to ad- nate. In my opening remarks, I made both had indicated earlier support. dress the aftermath of the tragedy in the best attempt that I could to be as They acknowledge it. They’re on the Joplin and, more recently, to address bipartisan as possible. Democrats and record as having done that. They said the damage caused by Irene as it made Republicans alike recognize that we’ve that they had changed their minds, and its way from North Carolina up the had the most open House, the most I respect that. Members have a right to east coast into New England. Ameri- transparent process, and that more change their minds. We all have a right cans respond to natural disasters. amendments have been made in order. to change our minds. But that decision That’s what we do. We always have. We I am very proud that the Rules Com- was made, and we went to the vote and rise to the occasion when our neighbors mittee has repeatedly made McGovern the votes were not there. are in need. The problem is when poli- amendments in order that have been Madam Speaker, I think there is ticians start playing politics with peo- proposed to the Rules Committee. In clearly a bipartisan understanding that ple’s lives, and that’s where we find the measure that we have addressing ensuring that resources get to our fel- ourselves today. the regulation issue, we made every low Americans who are suffering due to Yesterday, the Republican leadership single amendment that complied with these disasters that have hit—hurri- brought a continuing resolution to the the rules of the House in order—an canes, tornadoes, flooding—is a pri- floor that not only provided less dis- amendment offered by my friend Mr. ority that we all share. Personally, I’d aster assistance than that of the Sen- like to see the Federal Government get HASTINGS. ate, it also offset that funding by cut- So, to talk about these sorts of croc- out of being the place of first resort for ting a green jobs initiative. It’s not the American people to look to when odile tears, Madam Speaker, the House enough that we’ve been in session 261 there is a time of disaster. has gotten to a new low. We need to days without a single jobs proposal In fact, the Acting Speaker’s late make sure that the American people husband, with whom I was elected in from the Republicans. With yesterday’s who are suffering and in need have the 1980, led an effort, going back decades, continuing resolution, Republicans ac- resources that are necessary. tually proposed cutting a jobs program when he served here, that was working b 1550 on proposals for us to address the dis- just to make political points with their Tea Party base. The measure that is before us has a aster relief issue, which was a very, higher level of funding for those who very challenging one. He explored and Yesterday, Democrats said enough— are in need than the President has pro- came up with some great proposals for enough to the job-killing Republican posed to ensure that we immediately how we could deal with disasters be- agenda, enough to the notion that fis- get those dollars to the people who are yond having the Federal Government cal austerity means turning our backs suffering, and there are people all over be the place of first resort for the on people in need, enough to the ‘‘my this country who have been suffering American people when they are faced way or the highway’’ attitude that through these disasters, and it needs to with the aftermath of a disaster. seems to make up the ideology of the But, Madam Speaker, those changes Republican leadership. be done. that were proposed by my late col- Yesterday, 48 Republicans joined 182 Madam Speaker, I will say that we league Bill Emerson were not made in Democrats in defeating the continuing are what we are. The legislative proc- order, were not addressed, were not im- resolution. According to , it ess is not always a pretty one, but I plemented, and so we are where we are; was ‘‘an embarrassing setback.’’ began by talking about our priority of and while I’d love to see those changes Yesterday, Republicans and Demo- job creation and economic growth; lim- down the road, today we need to ad- crats said, Don’t play games with the iting the size and scope and reach of dress the very pressing needs that our lives of Americans. the Federal Government; trying to de- fellow Americans have for some kind of It’s almost as if the Republicans crease the regulatory burden, which resolution to this issue. blame the victims of the hurricane and our TRAIN Act—which we just debated We have this same-day rule so that tornado for having the audacity to live the rule on a little while ago—is de- we can today pass with what I hope in the paths of those natural disasters. signed to address these sorts of steps, will be strong bipartisan support a con- So here we are again, forced to con- designed to make sure that more tinuing resolution that will simply sider a martial law rule in an attempt Americans will have opportunities to carry us from now to November 18, dur- to fix the problems that the Repub- be members of the workforce, to be ing which time we will see, Madam licans, themselves, created, a martial able to support their families and so Speaker, you and the other members of law rule that not only waives the rules that people won’t see their small busi- the Appropriations Committee work to of the House but that also allows for nesses lost because of the economic come up with some kind of resolution the immediate consideration of a new downturn. Those are the priorities that to this issue. continuing resolution. we have, and getting our fiscal house in I am going to urge my colleagues to No time to read the bill, even though order while meeting our priorities support this measure in the name of bi- the Republicans started out the year which, in this day and age, disaster as- partisanship, in the name of our effort by promising 72 hours to look at any sistance is one of, are what we’ve got to try and resolve this pressing issue. legislation voted on in the House. No to do.

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.050 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6368 CONGRESSIONAL RECORD — HOUSE September 22, 2011 So I am proud to work closely with have a majority in the United States didn’t work out. I mean, that’s part of my Democratic colleagues. I am proud Senate. We know that President the legislative process. of the fact that they have been sup- Obama is a Democrat. In light of that, I thank my friend for yielding. portive, Madam Speaker, of a number we have to come to some kind of a bi- Mr. MCGOVERN. Reclaiming my of the measures that we have had be- partisan consensus. So we’re turning time, the Rules Committee will con- fore us; and I am proud that we have ourselves inside out to make that hap- sider it today, and then we would vote been able to take many of their ideas, pen, and we have done it time and time on it tonight? Is that the plan? Madam Speaker, and allow them to be again; and this is another example of Mr. DREIER. Will the gentleman considered on the House floor so that it. yield? we’ve been able to have a free-flowing I hope that we will be able to move Mr. MCGOVERN. I yield to the gen- debate. ahead and as expeditiously as possible tleman. That’s what the American people provide the assurance that our fellow Mr. DREIER. I thank my friend for want. I believe that since every Mem- Americans need. yielding. ber of this House represents just about With that, I reserve the balance of Madam Speaker, what I would say is the same number of people, about my time. that I hope the Rules Committee will 600,000. Under the new census, it will Mr. MCGOVERN. I yield myself such be able to meet in the not-too-distant be, I think, 704,000 constituents, that time as I may consume. future. It’s now about 21⁄2 minutes be- they have a right to be heard, they Madam Speaker, I’m a little bit con- fore 4 o’clock. I can’t say how quickly have a right to have their ideas consid- fused. The gentleman referred to the we’ll be able to meet. ered. legislation before us that it would pro- We certainly, as is always the case, That hasn’t always been the case vide this for the American people and will give the minority ample notice for under Republicans or Democrats in the that for the American people. them to have a chance to look at what- past, but today it is. We’re doing our The legislation before us is a martial ever modifications are made to the doggone-est to make sure that more law rule which says that a bill that we continuing resolution that will be be- Members have their ideas considered. have yet to see will be able to be fore us. I am very proud of that fact, and I brought up on the floor for same-day Mr. MCGOVERN. Is that 1 hour or 72 will say that I regularly have Demo- consideration. So I don’t know what’s hours? crats come to me and say they are very in the new continuing resolution. Mr. DREIER. Excuse me? appreciative of the fact that we have Maybe the gentleman can enlighten Mr. MCGOVERN. Will you give me 1 been able to allow their ideas to be us: Do we expect a vote on the con- hour, or 72 hours as was promised? considered on the House floor. tinuing resolution today? When can we Mr. DREIER. I have no idea what the I am proud of the strides that we see this continuing resolution? Does gentleman is talking about. What is 72 have been making under Speaker BOEH- the gentleman have any insight that he hours? What is that? NER. We have a long way to go, but this can fill us in on and when Members Mr. MCGOVERN. My understanding is all inside baseball stuff. As you know might actually be able to see the bill? was that one of the pledges of the new very well, Madam Speaker, the priority Mr. DREIER. Will the gentleman Republican majority was that we were is job creation and economic growth to yield? going to have a 72-hour layover to be ensure that our fellow Americans have Mr. MCGOVERN. I yield to the gen- able to read the bill. the kinds of opportunities that they tleman from California. Mr. DREIER. Well, there was never need. Mr. DREIER. First of all, let me ex- any such pledge made. If the gentleman Let us proceed. This is a procedure press my apologies; 99.999 percent of looks at the rules of the House, he that I don’t particularly like, but in the time I am always riveted to the knows very well that there’s nothing in light of the fact that there had been a words of my friend from Worcester there that states 72 hours. bipartisan agreement yesterday that when he is offering his thoughts. I have Mr. MCGOVERN. If I could reclaim did not work out—that’s about the to admit I was talking to our distin- my time, I thought in the rules of the nicest way that I can put it, it didn’t guished Rules Committee colleague, House it was 3 calendar days. work out—and so we had no choice Mr. WEBSTER, over here. Mr. DREIER. That is true. As the other than to allow for a rule that Mr. MCGOVERN. Let me reclaim my gentleman knows very well, we’re in a would provide for same-day consider- time and repeat the question. position right now where we’re dealing ation simply of this measure to ensure The question is that the gentleman with an emergency situation; the that we don’t go through a government on a number of occasions referred to American people are hurting. We had shutdown. that the bill provides this for the the measure before us with a full 3 I mean, we wouldn’t be doing a same- American people and that for the days. It was put online on Monday, and day rule, Madam Speaker, if we weren’t American people when the bill before so we had the 3 full days. And it is true, faced with, frankly, the threat—and us is a martial law rule. We haven’t we’re looking at what would be pos- I’m not going to point the finger of seen the continuing resolution. When sibly an amendment to that measure, blame, but I will say it hasn’t been Re- do we expect to see it? Are we voting and so we will be in compliance. publicans who have been talking about on it today? First of all, again, let me say, Madam the idea of a government shutdown. Mr. DREIER. First of all, let me Speaker, that there was not any 72 It’s something that has come from thank the gentleman and say that he is hours in the rules of the House, if the some others and some on the other side right on mark in raising that question. gentleman would look at the rules of of the Capitol who have talked about It’s not only a fair question; it’s an ap- the House. It is a 3-day layover require- the prospect of that. We want to avoid propriate question to ask of me. ment, and I believe that we will be in it. We want to ensure it doesn’t hap- The answer is we will have a meeting full compliance with the 3-day layover. pen. in the House Rules Committee right Mr. MCGOVERN. Reclaiming my And so we’re going to have an oppor- upstairs on the third floor, at which time, if I understand the gentleman tunity, Madam Speaker, to have a time we will have before us a proposal correctly, we may or may not meet measure before us that will address the that I can tell you will be very similar soon. We may or may not vote on it very important priorities of disaster to the measure that was considered today. assistance and other areas which yesterday. As you know, there was Mr. DREIER. Will the gentleman doesn’t cut as much as I would like. I $1.043 trillion in that proposal. yield? would have loved to have voted ‘‘no’’ Mr. MCGOVERN. If I can reclaim my Mr. MCGOVERN. I’m happy to yield. yesterday, Madam Speaker, because I time, will that be in the next hour? Mr. DREIER. I thank my friend for believe that the spending level is high- Will that be today? yielding. er than it should be. Mr. DREIER. It’s my hope that we’ll Let me just say that obviously we The Republicans do, in fact, have a be able to do this today. That’s the rea- had a bipartisan agreement that was majority in the House of Representa- son, as my friend knows, we were going voted on yesterday that did not enjoy tives, but our Democratic colleagues to pass this measure yesterday and it bipartisan support. I say that based on

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.052 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6369 the fact that we had agreements made tinuing resolution that will be brought their communities devastated, all of a in colloquies that took place—— before us? sudden we’re here saying we’ve got to Mr. MCGOVERN. If I can reclaim my Mr. DREIER. Will the gentleman find these offsets. And where do the off- time, the gentleman mentioned our yield? sets come from? They don’t come from distinguished minority whip on a num- Mr. MCGOVERN. I yield to the gen- ’s tax cut. Where they ber of occasions. I don’t recall him ever tleman. come from is a program to put people saying that he supported the Repub- Mr. DREIER. Madam Speaker, I to work. lican bill. thank my friend for yielding. The gentleman, the chairman of the Let me say, at this juncture, I cannot Rules Committee, talks about this 1600 b tell my friend exactly what this meas- great openness that we have in the Mr. DREIER. Let me specifically say ure is going to consist of, but we’re in Rules Committee. I have offered, I that the gentleman from Washington a position right now where that will be think about half a dozen times, an (Mr. DICKS), the ranking member of the considered by the Committee on Rules amendment to go after the U.S. tax- Appropriations Committee, indicated when we meet upstairs. So we’ll be payer-funded oil subsidies, these sub- before the gentleman and the other meeting upstairs and we’ll see whether sidies that we provide oil companies Rules Committee members and me that that might be an amendment. that are making record profits, and we he would be supportive of the measure; Mr. MCGOVERN. Reclaiming my can’t even get that issue for a vote on and he had a right to change his mind. time, Madam Speaker, just for the this House floor. And, second, in the colloquy that record, I would like to have inserted a I hope we have enough time to read took place last week between the dis- letter from Paul A. Yost, who’s the what’s in the bill. I hope that we have tinguished minority whip and the ma- vice president at the National Associa- enough time to understand what’s in jority leader, the minority whip indi- tion of Manufacturers, and a letter the bill. I hope that we meet today. I cated that he was supportive of the from R. Bruce Josten, who is the exec- hope that we meet at a decent hour. continuing resolution. utive vice president, Government Af- But we don’t have the answers to any Mr. MCGOVERN. Reclaiming my fairs of the Chamber of Commerce of of those questions, and I think that time, I don’t recall that, and I’ll check the United States, both strongly ob- that’s unfortunate when it comes to a with the minority whip to double- jecting to the offset that Republicans bill about the funding, the continuing check on that. included in the continuing resolution funding of our government. I guess I’m just trying to provide that we considered yesterday that went Again, Madam Speaker, I regret that some information to the Members of down. we are here. I regret that we are debat- the House who are watching what’s One of the reasons there was great ing a martial law rule. We’re not debat- going on. objection over this, Madam Speaker, ing a continuing resolution right now. Am I correct in saying that, as of was because this program that was cut It’s a martial rule that basically shuts right now, we don’t know when we’re actually was a job-creating program everything down and allows them to going to meet and we don’t know when putting people to work. I would say to bring up a bill any time they want to we’ll see a final version of the con- my colleagues, if you want to reduce bring a bill up. People won’t even have tinuing resolution? the debt in this country, you ought to time to read it. And we’ll have that Mr. DREIER. Will the gentleman figure out a way to put people back to vote possibly today. But again, we yield? work; and the way you put people back don’t have any definite commitments Mr. MCGOVERN. Yes. to work is not cut every single pro- from the other side what time or even Mr. DREIER. I thank my friend for gram that provides assistance to busi- if it will be today. I will close by saying, Madam Speak- yielding. ness and to people to be able to get on er, that I think it is important that Madam Speaker, let me say that, their feet and create jobs. this House gets back to the issue of first, to address the issue that was We have a crisis in this country that jobs and protecting and caring for the raised earlier, there was confusion. I is not being addressed by this House of people here in this country. Our big- don’t know what the gentleman meant Representatives which has yet to con- gest challenges, I’m going to tell my about 72 hours. There is a 3-day layover sider a single jobs bill. And instead, we friends on the other side, are not half- requirement. We will not, and let me have a continuing resolution that gets way around the world; some of them underscore again, Madam Speaker, we brought to the floor that provides less are just halfway down the block. I re- will not be waiving the 3-day layover disaster assistance than the Senate bill requirement; okay? So, I just think it’s gret very much that this Congress has does to people who are in need and pays yet to deal with the issue of jobs. important for us to make that point. for it, offsets it, by cutting a program The gentleman repeatedly raises 72 to create jobs. What sense does that CHAMBER OF COMMERCE hours and we’re not in compliance with OF THE UNITED STATES OF AMERICA, make? Washington, DC, September 22, 2011. this and that, when, in fact, Madam When it comes to disaster relief, we TO THE MEMBERS OF THE U.S. HOUSE OF Speaker, we will not be waiving. It’s a have never, ever, ever offset disaster REPRESENTATIVES: The U.S. chamber of Com- 3-day layover requirement that exists, relief because you can’t predict with merce, the world’s largest business federa- and we will not be waiving that. any accuracy whether there’s going to tion representing the interests of more than Second, as far as what time, I believe be a tornado next year or a hurricane three million businesses and organizations of that, within the next few hours, we’ll next year or an earthquake next year. every size, sector, and region, strongly sup- ports disaster relief funding to assist victims be able to meet in the Rules Com- There are some things we don’t offset of natural disasters. The Chamber is also a mittee and come to the House floor. we should offset; for example, the wars. vocal proponent of fiscal responsibility and There are no guarantees. There are no We’ve been in Afghanistan for 10 years, recognizes that Congress must make dif- guarantees, but I believe there is a and I can’t figure out why we’re still ficult but necessary choices among com- very good chance that we will be able there, but we’re still there. Ten years. peting priorities. to, in the next few hours, meet in the I can predict pretty much—very accu- As Congress sets spending priorities, the Rules Committee and the gentleman rately—how much it will cost to stay Chamber wishes to highlight a few important facts about the Advanced Technology Vehi- and I will come to the floor with a rule another year, and yet we borrow that cle Manufacturing (ATVM) loan program. that will allow us to make in order the money. We put it on the credit card. First, the program was authorized in the En- continuing resolution to ensure that We borrow $10 billion a month for mili- ergy Independence and Security Act of 2007, our fellow Americans who are suffering tary operations in Afghanistan that which was supported by both Republicans will have the resources they need. goes onto our credit card; not paid for. and Democrats as an important step in re- Mr. MCGOVERN. Reclaiming my Not paid for. ducing America’s dependence on oil from un- time, if I may ask the gentleman one But when it comes to helping people stable regimes. Second, ATVM loans, which will be repaid with interest, incentivize additional question, does he anticipate in this country who have been ad- automakers and suppliers to build more fuel- that the Advanced Technology Vehicle versely impacted by a natural disaster, efficient advanced technology vehicles in the Manufacturing Loan Program will be through no fault of their own, who U.S., providing new, opportunities for Amer- cut in the new version of the con- have lost their homes, who’ve seen ican workers in a sector of the economy that

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.053 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6370 CONGRESSIONAL RECORD — HOUSE September 22, 2011 is critical to the nation’s recovery. Third, dressing in this House has been de- If we do that, we will do exactly what the fact that the Department of Energy has signed to deal with. Now, my friends on my friend just said, Madam Speaker, yet to use the funds Congress appropriated the other side of the aisle believe that we will do exactly what my friend just for the program is not the fault of industry; the nearly $1 trillion—it was like $787 said in his opening statement there. numerous loan applicants have been in the queue for years, waiting for the Administra- billion, I think, and then if you add the What he said was we need to get Amer- tion to complete its due diligence. interest, it came up to like $1.1 trillion. icans into jobs so that we can have the Again, while the Chamber understands the That stimulus bill was their jobs bill. revenues that are necessary for us to importance of reducing America’s unaccept- As I recall, we were told, if we saw that deal with the deficit and debt chal- able debt and believes that all programs $1 trillion stimulus bill implemented, lenges that we have. must be on the table, the Chamber urges you that the unemployment rate would not Mr. MCGOVERN. Will the gentleman to bear in mind the facts about the ATVM exceed 8 percent. yield? loan program, which promotes manufac- Mr. DREIER. I’m happy to yield to turing in the U.S. and is an important com- Well, Madam Speaker, in part of the ponent of America’s energy security. area that I represent, we have an un- my friend. Sincerely, employment rate of 14 percent. We Mr. MCGOVERN. I thank the gen- R. BRUCE JOSTEN. have a national unemployment rate of tleman for yielding to me. over 9 percent, and it’s not acceptable. I just found out some news here in NATIONAL ASSOCIATION OF So I totally concur with my friend’s as- answer to a question I had earlier MANUFACTURERS, sessment, and I congratulate him. I about offsets. Apparently, according to Washington, DC, September 22, 2011. congratulate him for his opening state- the National Journal, the Republican Hon. HARRY REID, leaders are considering tacking on as Majority Leader, U.S. Senate, Washington, DC ment there when he said the best way much as $100 million in additional off- Hon. MITCH MCCONNELL, for us to deal with the deficit is to Minority Leader, U.S. Senate, Washington, DC. make sure that people in this country sets to their GOP continuing resolu- DEAR LEADERS REID AND MCCONNELL: The have jobs. tion they are bringing to the floor. NAM is the largest trade association in the Economic growth is what we’ve been That is a quote attributed to House United States, representing over 11,000 small, talking about. I believe if we had 2, 3, Rules Committee Chairman DAVID medium and large manufacturers in all 50 4 percent more GDP growth in this DREIER. So I just read in the National states. We are the leading voice for the man- country, we wouldn’t be here having Journal basically that there will be ad- ufacturing economy, which provides millions ditional offsets. of high-wage jobs in the U.S. Two-thirds of this discussion. The question is: How is our members are small businesses, which it that we get our fellow Americans Mr. DREIER. If I could reclaim my serve as the engine for job growth. Our mis- back to work? time, Madam Speaker, let me just say sion is to enhance the competitiveness of We believe that it’s essential to cre- that I hope very much we are able to manufacturers and improve American living ate long-term, good jobs in the private see offsets for this because, again, we standards by shaping a legislative and regu- sector. We believe in doing things like have a $14.5 trillion national debt. We latory environment conducive to U.S. eco- opening up new markets around the have deficits as far as the eye can see. nomic growth. So, as we deal with the very important The NAM is writing to express our support world, because 96 percent of the world’s for the Advanced Technology Vehicle Manu- consumers are outside of our borders. priorities of ensuring that our fellow facturing (ATVM) program, authorized under Ninety-six percent of the world’s con- Americans who are suffering because of the Energy Independence and Security Act of sumers are outside of our borders. And these tragic disasters that have taken 2007 with bipartisan support and signed into yet, unfortunately, we have not been place across the country—we need to law by President Bush. The ATVM program able to have, yet, the agreements that realize that there is a hell of a lot of is an example of what government/industry have been negotiated over the past sev- waste in the Federal Government, a partnerships can accomplish. It has helped eral years sent to us in the Congress to hell of a lot of waste, and there are reg- create and preserve thousands of auto sector vote on. Clearly, if we had the agree- ulations. jobs and put our nation on a path towards Again, the measure that I just men- greater energy security. The NAM believes ments that have been negotiated be- defunding ATVM will hurt manufacturers tween the Koreans and the United tioned, my friends said that we haven’t and their employees. States, the Colombians and the United had jobs bills before us, but the meas- Introducing any new model motor vehicle States, the Panamanians and the ure that Mr. HASTINGS was just man- is a capital intensive process. Automobile United States, we would create many, aging the rule on is designed to deal manufacturers and suppliers must make many jobs here in the United States. with the burden of regulations which large investments at the front end before a Yesterday, Madam Speaker, I met have undermined the potential for job vehicle enters production. The ATVM pro- creation and economic growth. gram assists this process by providing low with the Ambassador from Colombia. cost capital for retooling U.S. facilities. On August 15, they implemented an Again, pursuing an economic growth These loans, which will be repaid with inter- agreement with Canada for a free trade agenda is a priority of ours, and mak- est, allow automakers to build more fuel-ef- agreement between Canada and Colom- ing sure that we get our fiscal house in ficient advance technology vehicles in the bia. And guess what? There has been an order is one of those. So that is why I U.S. and provide greater job security for the 18.9 percent increase in wheat exports will say to my friend in response to his workers they employ. Furthermore, it is from Canada to Colombia in 1 single question, you bet we are going to try worth noting that many suppliers to the month. and find areas where the Federal Gov- automobile manufacturers are small and me- ernment has been expending dollars dium manufacturers. These smaller manu- b 1610 facturers have the potential to create thou- that have not been spent wisely and sands of jobs but are typically some of the Now, Madam Speaker, I have said use those dollars to ensure that those first businesses impacted by a struggling this time and time again here. We have who are suffering and those who are in economy. By maintaining the ATVM pro- union and nonunion workers who are need have what is necessary for them gram the government will also be supporting employed by companies, great Amer- to survive. the maintenance and growth of these smaller ican companies that are manufacturing Mr. MCGOVERN. Which brings me manufacturers. companies like Caterpillar, John back to my original point of why it’s During this time of economic recovery, we Deere, and Whirlpool, and we could get important for us to see this bill. You urge you to preserve this successful program that is helping preserve auto sector jobs and these people working, we could get say that you want to eliminate waste, make promote energy security. these people working if we could open but the U.S. Chamber of Commerce Sincerely, up new markets for those manufac- says that the Advanced Technology Ve- PAUL A. YOST. tured products in Latin America and in hicle Manufacturing program is not I reserve the balance of my time. Asia. That’s exactly what we’ve got waste; it creates jobs. So I don’t know Mr. DREIER. I yield myself such ahead of us. And I hope very much that where else you’re going to cut. time as I may consume. the President will immediately send to Mr. DREIER. Madam Speaker, if I Let me say, Madam Speaker, to my us those agreements so that we can could reclaim my time, let me say to very good friend that jobs and job cre- enjoy, again, bipartisan support, Demo- my friend we are not going to waive ation are exactly what virtually every crats and Republicans working to- the 3-day layover requirement, and piece of legislation that we’ve been ad- gether to pass these agreements. whatever changes are made in this

VerDate Mar 15 2010 06:16 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A22SE7.007 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6371 measure will be addressed in the House American workers, failed our Nation’s and that technology is available so Rules Committee and then fully de- economy, and failed those struggling to that all of America could see what bated on this House floor so the Mem- recover from natural disasters. It is no we’re doing. And as the Speaker said— bers will have an opportunity to decide surprise that their rank and file then and I thoroughly agree—fast legis- whether or not they are going to sup- failed them. lating is not good legislating, espe- port the special rule that would then Rather than take up language that cially when there is no need to require make in order consideration of this has already passed the Senate with bi- a rushed, closed process. As far as we continuing resolution that will prevent partisan support, Republicans instead know, we’re voting on a same-day rule a government shutdown, make sure chose to pit unemployed factory work- for a bill we don’t even know exists. that the resources for those who are ers against hurricane victims. This is Before we even ask to spend billions of suffering are made available, and take not the kind of behavior that will bring dollars, we should have some idea of us to November 18 so that very our Nation out of this recession. what’s going on. And it’s not enough thoughtful members of the Appropria- While Republicans continue their for me to hear that we’re going to hear tions Committee, like the acting partisan squabbles, countless Ameri- about it in the Rules Committee later Speaker, will be able to deal with the cans are fighting for their livelihoods. on. I want to know what’s going on appropriations priorities that we need Six years after , right now. to between now and November 18. roofs are still being replaced, homes Mr. DREIER. Madam Speaker, first, With that, Madam Speaker, I reserve are being repaired and paperwork is may I inquire of the Chair how much the balance of my time. still pending for funds that have yet to time is remaining on each side? Mr. MCGOVERN. Madam Speaker, I be allocated. And if you’ve been to New The SPEAKER pro tempore. The gen- just want to make sure the record is Orleans, you’ll see a whole section of tleman from California has 6 minutes clear when it comes to Democratic sup- that city that is not in repair. remaining, and the gentleman from port for the continuing resolution. In In my home State of Florida, FEMA Massachusetts has 10 minutes remain- his pen and pad press conference, Mi- has already delayed $1.68 million for ing. nority Whip HOYER said he was ‘‘loath’’ work resulting from 2004 and 2005 Hur- Mr. DREIER. Madam Speaker, I yield to support yesterday’s CR, and I have a ricanes Charley, Frances, Ivan, Jeanne myself such time as I may consume to copy of that press conference and the and Dennis. say to my friend from Fort Lauderdale, transcript of the colloquy that went on Given my colleague’s distorted prior- my Rules Committee colleague, Mr. on the House floor here. So if anybody ities, I can’t help but wonder how long HASTINGS, that I’d like to associate is interested in reading it in detail, I will the people of New England have to myself with a segment of the remarks have it here. wait since we’ve been waiting in Flor- that he made talking about the pri- At this point, I would like to yield 3 ida since 2004 and 2005. ority of addressing the very pressing minutes to the gentleman from Florida The SPEAKER pro tempore. The needs of those who are suffering be- (Mr. HASTINGS). Mr. HASTINGS of Florida. I thank time of the gentleman has expired. cause of the disasters that have taken my colleague on the Rules Committee Mr. MCGOVERN. I yield the gen- place in this country. My friend is ab- and my good friend for yielding. I echo tleman an additional 1 minute. solutely right, and that’s the reason all of the sentiments that he has made Mr. HASTINGS of Florida. And some that we are here. previously. have been waiting for drought relief Now, I would like to say that I don’t Firstly, I’d like to point to the fact and flood relief for an equal number of know where it is that my friends get that the National Association of Manu- years. But this appears to be of no con- this 72 hours that’s discussed regularly. facturers, in its last sentence in a let- sequence to my Republican colleagues Mr. MCGOVERN has raised that, Mr. ter directed to Senator REID and Sen- as they fail to recognize that their ide- HASTINGS has raised it, Madam Speak- ator MITCH MCCONNELL, says, ‘‘During ological posturing has very real reper- er, and I don’t know where they get this time of economic recovery, we cussions. Once again, their irrespon- that. We have what is known as the 3- urge you to preserve this successful sible behavior and unwillingness to day layover requirement. And let me program’’—meaning the Advanced compromise has put us on the brink of clarify this because obviously some of Technology Vehicle Manufacturing yet another shutdown. my colleagues don’t completely under- program—‘‘that is helping preserve H. Res. 409 unnecessarily will provide stand. I’m talking about the rules of auto sector jobs and promote energy for same-day consideration of another the House, not statements that may security.’’ Republican continuing resolution, vio- have been made. The rules of the House Bruce Josten, from the Chamber of lating the House Republicans’ rules say that there is a 3-day layover re- Commerce, while citing to all Members package passed in January which pro- quirement. of the House of Representatives that vided that all bills will be available to On Monday, Madam Speaker, this the chamber ‘‘understands the impor- the public 3 days before coming to a measure was put online; the bill that tance of reducing America’s unaccept- vote. Not only did we not get the re- we voted on yesterday was put online. able debt and believes that all pro- quired 72 hours, we didn’t get 24 hours. It calls for $1.043 trillion in spending on grams must be on the table, the cham- The Speaker made it very clear. He an annual basis as we address keeping ber urges you to bear in mind the facts said that we will dispense with the con- the government going, ensuring we about the ATVM loan program, which ventional wisdom that bigger bills are don’t have a government shutdown be- promotes manufacturing in the United always better; that fast legislating is tween now and November 18. That was States and is an important component good legislating; and that allowing ad- put online on Monday. of America’s energy security.’’ ditional amendments and open debate Mr. HASTINGS of Florida. Will the I only cited that for the reason that makes the legislative process less effi- gentleman yield? there could be no better person to cient than our forefathers intended. Mr. DREIER. I yield to the gen- know what martial law is than the dis- Legislators and the public will have 3 tleman from Florida. tinguished chairman of the Rules Com- days to read bills before they come to Mr. HASTINGS of Florida. I just mittee, who is my good friend. He and a vote. wanted to respond to your statement I, he and Mr. MCGOVERN and I, Ms. The SPEAKER pro tempore. The that you don’t know where we— SLAUGHTER and he and I have been time of the gentleman has again ex- Mr. DREIER. Are you telling me I back and forth on martial law when pired. can’t associate myself with your re- Democrats were in charge and when Mr. MCGOVERN. I yield to the gen- marks? Republicans were in charge. One thing tleman an additional 30 seconds. Mr. HASTINGS of Florida. No, that you need to understand is this is mar- you don’t know where we got the 72 tial law that you are bringing this rule b 1620 hours from. Well, if you go on the under, and we don’t even know what’s Mr. HASTINGS of Florida. We were Speaker’s Web site, you will see in the in the bill. told we would have 3 days to read bills very first paragraph what he says in Yesterday afternoon, the Republican before they come to a vote. We were that regard with reference to 72 hours. leadership brought up a bill that failed told that they would be on the Internet Perhaps that’s where we got it from.

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.056 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6372 CONGRESSIONAL RECORD — HOUSE September 22, 2011 Mr. DREIER. If I could reclaim my perately needed money in Vermont and what I’ve said over and over: this has time, I will tell my friend that the in New England and other places is not been a bipartisan process. The only rules of the House are what we are going to be forthcoming most imme- thing bipartisan about this continuing complying with. The rules of the House diately because I’m telling you that resolution was the opposition to it. say a 3-day layover requirement. On from ’04 and ’05, from six hurricanes we And, again, I would tell my Repub- Monday, this was made available and are not being paid in the State of Flor- lican friends that the reason why this put online. And now my friend says, I ida. promise by Speaker BOEHNER is impor- want to see it now, I want to see ex- Mr. DREIER. Let me just very quick- tant is because we do need to under- actly what we’re considering. ly say that it was explained to us by stand what’s in the bill. We’re begin- The reason that we will not be the chairman of the Appropriations ning to understand that your rules waiving the 3-day layover requirement Committee today that we’re spending don’t live up to what you actually is that we are going to have a bill that about $30 million a day. There’s $200 promised. is very similar to the measure that we million in the account; it’s scheduled Mr. Speaker, the other thing about had last night, with possibly an amend- to expire by this weekend. Passage of this that I think is important for peo- ment made to that. this measure tonight is something that ple to understand is that never, ever, I am happy to further yield to my will ensure that we will at least have ever have we ever insisted on offsets friend. those resources, and I hope we can ad- for emergency spending for disasters. Mr. HASTINGS of Florida. Just one dress the needs of those Floridians who We don’t know whether there will be thing, Mr. Chairman: Does the Speak- continue to suffer. one, two, three, or no emergencies that er’s word matter or not? Mr. HASTINGS of Florida. Well, not hit our country next year or the year Mr. DREIER. If I could reclaim my only Floridians. after or the year after that. Maybe my time, Madam Speaker, I will tell you Mr. DREIER. And others in this Republican friends have now figured that I don’t know what he means by country. out a way to predict earthquakes and the ‘‘Speaker’s word.’’ The rules of the Mr. HASTINGS of Florida. Exactly. tsunamis and hurricanes and torna- House are what we live by. That’s the point. From tornadoes, from does, but we don’t know how to predict The rules of the House say that it hurricanes, from fires, all over the with any accuracy. needs to be made available online for 3 place. And this notion that we’re not going days. And guess what, Madam Speaker? Mr. DREIER. I thank my friend. to be there, that we’re going to insist We are in full compliance with the Mr. Speaker, I would say to my on offsets in order to provide people rules of the House, and we have no in- friend that I’m going to close the de- who have been thrown out of their tention to waive that. bate over here as soon as my friend homes, whose communities have been Okay. I’m looking now at a state- holds up that brilliant poster of the destroyed through no fault of their ment that was made on some program interview that Speaker own, that we can find an offset when on Fox that says: ‘‘I will not bring a BOEHNER had. we don’t need any offsets for nation- bill to the floor that hasn’t been posted With that, I reserve the balance of building in Afghanistan, that’s all on online for at least 72 hours.’’ Let me my time. your credit card. There’s no offsets say thank you. I want to express my Mr. MCGOVERN. I yield myself the needed for that. great appreciation. And I appreciate balance of my time. b 1630 the size of the type, too, making it Mr. Speaker, I am going to hold this Why is it that no offsets are needed very easy for me to read it across the poster up because I want to make sure to do that kind of stuff, but when it aisle here, another indication of our that it’s clear to everybody. I’m going comes to helping people in this coun- bridging the gap between either side of to quote this: ‘‘I will not bring a bill to try, all of a sudden we become super the aisle here, which is something I the floor that hasn’t been posted online fiscally conservative? We need to have greatly appreciate. for at least 72 hours.’’ JOHN BOEHNER, offsets for everything. It did turn out that the Speaker did Fox News, ‘‘America’s News Room,’’ 7/ You want to reduce the debt? Put say that, but then we came forward 22/2010. people back to work. That’s how you with a rules package; and that’s why Mr. Speaker, we can have all the do it. Cutting programs that put people what I’m saying is the rules say that verbal gyrations that we can come up back to work doesn’t put people back we will in fact have 3 days. A 3-day lay- with here about how not to kind of get to work. It slows down the economic over requirement needs to be met, and to the point, which is that we’re not recovery. that’s what the rules of the House con- going to be able to have 3 days or 72 Here we are in September, and we sist of. hours or 3 legislative days—or three have yet to deal with a single jobs bill Mr. HASTINGS of Florida. Mr. Chair- anything—to look at this bill. And the on this floor. I don’t know what it’s man, one thing I really would like to bill that we’re going to be debating like in California, but I can tell you in make clear and take out some of the later today or tomorrow—we don’t Massachusetts, when I go home, people hyperbole and the passion from my side really know—is going to be different. want to talk about jobs and the econ- or yours, we know, and you have said— And we know it’s going to be different omy. Yes, they want to reduce the and I echo your expressions with ref- because the chairman of the Rules debt, and they understand, by ending erence to the need for us to address— Committee said in an interview that some of these wars, by cutting back on Mr. DREIER. If I could reclaim my we have online to National Journal some of these overseas bases that we time for just one moment—and the rea- that there’s probably going to be an- have, by asking Donald Trump to pay son I’m doing that is that I’m told that other $100 million more in offsets. And his fair share. we have about 1 minute or so left, and so where are those offsets coming There’s something wrong in this I know my friend has 10 minutes. So from? country when a billionaire hedge fund could my friend yield to the gentleman We know that one of the offsets that manager pays a lower tax rate than his and me? I know we’re going to get the was in the continuing resolution yes- secretary. It’s like, no, we can’t ask great poster with the Speaker’s quote terday was an offset that actually was that person, that billionaire to pay his up there again, and I will look forward a job killer, that actually is something fair share. Everything is aimed at to reading it again, and I will join in that not only Democrats supported, working people and those who are most reading it again with you all. but the United States Chamber of Com- vulnerable. Mr. MCGOVERN. I yield the gen- merce supported. Everyone came to- We should be talking about putting tleman an additional 1 minute. gether and agreed that this is a good America back to work. We should be Mr. HASTINGS of Florida. The only program, and it was cut, and it is going debating every day about ways to stim- thing I am trying to get across is I to discourage job creation in this coun- ulate this economy, to provide incen- don’t want the American public to be- try. tives to put people back to work, to lieve that whenever we get through— So I think it is important to know find ways to stop incentivizing cor- whether it’s 72 hours, or whenever it where these offsets are going to be porations to send American jobs over- is—that that means that the des- coming from. And, again, let me repeat seas.

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.059 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6373 Instead, my friends on the other side We have actually doubled, from $500 Herger McMorris Ryan (WI) of the aisle are protecting all that sta- million to $1 billion, the FY11 request Herrera Beutler Rodgers Scalise Huelskamp Meehan Schilling tus quo. I mean, they are protecting that was made by the President be- Huizenga (MI) Mica Schmidt those tax breaks, those incentives that cause we understand the imperative of Hultgren Miller (FL) Schock encourage jobs to go overseas. Enough. getting these resources to the Amer- Hunter Miller (MI) Schweikert Hurt Miller, Gary Enough. ican people who are suffering. We can Scott (SC) Issa Mulvaney Scott, Austin I’ll close by saying this, Mr. Speaker: do that, Mr. Speaker, while, at the Jenkins Murphy (PA) Sensenbrenner When it comes to protecting subsidies same time, reining in the size and Johnson (IL) Myrick Sessions for Big Oil companies, my friends are scope and reach and control of the Fed- Johnson (OH) Neugebauer Shimkus Johnson, Sam Noem Shuler there. When it comes to rebuilding and eral Government, because everyone Jones Nugent nation building in Afghanistan, they’re Shuster knows, Democrats and Republicans Jordan Nunes Simpson there. When it comes to maintaining a alike acknowledge, that there is waste Kelly Nunnelee Smith (NE) King (IA) Olson Tax Code that allows a billionaire Smith (NJ) in government, and that’s the reason King (NY) Palazzo Smith (TX) hedge fund manager to pay a lower tax that we’re saying we must pare the Kingston Paulsen Southerland rate than his secretary, they’re there. Kinzinger (IL) Pearce level of spending back. Stearns Kline Pence But when it comes to disaster assist- And so, Mr. Speaker, this is not mar- Stivers ance, when it comes to jobs, when it Labrador Petri tial law. This is simply our step to en- Lamborn Pitts Stutzman comes to things that matter to every- Lance Platts Sullivan sure that the American people get the Terry day people, it is a struggle. It is a resources they need and that we do it Landry Poe (TX) Lankford Pompeo Thompson (PA) fight. in a fiscally responsible way, and it Thornberry I would urge my colleagues to Latham Posey stems from what was a bipartisan LaTourette Price (GA) Tiberi rethink their priorities, to work in a Tipton agreement. Latta Quayle bipartisan way when it comes to dis- Lewis (CA) Reed Turner (NY) Mr. Speaker, with that, I urge an LoBiondo Rehberg Turner (OH) aster relief and job creation. Upton Let’s bring the President’s jobs bill ‘‘aye’’ vote on the rule. Long Renacci I yield back the balance and I move Lucas Ribble Walberg to the floor. If you don’t like it, vote Luetkemeyer Rigell Walden against it. But allow us to have the op- the previous question on the resolu- Lummis Rivera Walsh (IL) portunity in this new, open House. Let tion. Lungren, Daniel Roby Webster The SPEAKER pro tempore (Mr. E. Roe (TN) West us bring the President’s jobs bill to the Mack Rogers (AL) Westmoreland floor. Let us see whether we can pass it WOMACK). The question is on ordering Manzullo Rogers (KY) Whitfield here. I think if this truly is an open the previous question. Marchant Rogers (MI) Wilson (SC) House, we ought to have that oppor- The question was taken; and the Marino Rohrabacher Wittman Speaker pro tempore announced that McCarthy (CA) Rokita Wolf tunity. McCaul Rooney Womack I will just say, Mr. Speaker, before I the ayes appeared to have it. McClintock Ros-Lehtinen Woodall yield back the balance of my time, I Mr. DREIER. Mr. Speaker, on that I McCotter Roskam Yoder don’t know when we’re going to get demand the yeas and nays. McHenry Ross (FL) Young (AK) McKeon Royce Young (FL) this bill. I don’t know where the cuts The yeas and nays were ordered. McKinley Runyan Young (IN) are going to be made. I don’t know The SPEAKER pro tempore. Pursu- NAYS—180 what other job-creating programs are ant to clause 8 and clause 9 of rule XX, going to be cut. But again, ‘‘I will not Ackerman Doggett Lowey this 15-minute vote on ordering the Altmire Donnelly (IN) Luja´ n bring a bill to the floor that hasn’t previous question on House Resolution Andrews Doyle Lynch been posted on line for at least 72 409 will be followed by 5-minute votes Baca Edwards Maloney hours.’’ We’re not even going to get 72 on adoption of House Resolution 409, if Baldwin Ellison Markey minutes, in all likelihood. Barrow Engel Matheson ordered; ordering the previous question Bass (CA) Eshoo Matsui I urge my colleagues to vote ‘‘no’’ on on House Resolution 406; and adoption Becerra Farr McCarthy (NY) this. of House Resolution 406, if ordered. Berkley Fattah McCollum I yield back the balance of my time. Berman Filner McDermott The vote was taken by electronic de- Mr. DREIER. I yield myself the bal- Bishop (GA) Frank (MA) McGovern vice, and there were—yeas 240, nays ance of my time. Bishop (NY) Fudge McIntyre 180, not voting 13, as follows: Blumenauer Garamendi McNerney Mr. Speaker, the American people Boren Gonzalez Meeks are hurting and have been suffering [Roll No. 721] Boswell Green, Al Michaud from disasters over the past several YEAS—240 Brady (PA) Green, Gene Miller (NC) Braley (IA) Grijalva Miller, George weeks and months and, obviously, for a Adams Canseco Flores Brown (FL) Gutierrez Moore Aderholt Cantor Forbes long period of time in the past. Butterfield Hahn Moran Akin Capito Fortenberry We just had a meeting downstairs Capps Hanabusa Murphy (CT) Alexander Carter Foxx Capuano Hastings (FL) Nadler where one of my new colleagues, the Amash Cassidy Franks (AZ) Cardoza Heinrich Napolitano gentleman from Williamsport, Penn- Amodei Chabot Frelinghuysen Carnahan Himes Neal Austria Chaffetz Gallegly sylvania (Mr. MARINO) stood up and Carney Hinchey Olver Bachus Coble Gardner talked about the fact that he, just days Carson (IN) Hinojosa Owens Barletta Coffman (CO) Garrett Castor (FL) Hochul Pallone ago, was trudging through mud, meet- Bartlett Cohen Gerlach Chandler Holden Pascrell Barton (TX) Cole Gibbs ing with the parents of small children, Chu Holt Pastor (AZ) Bass (NH) Conaway Gibson young children who were literally sit- Cicilline Honda Payne Benishek Cravaack Gingrey (GA) Clarke (MI) Hoyer Pelosi ting on the hoods of automobiles in Berg Crawford Gohmert Clarke (NY) Inslee Perlmutter Pennsylvania where terrible flooding Biggert Crenshaw Goodlatte Clay Israel Peters Bilbray Culberson Gosar has taken place, and they have been Cleaver Jackson (IL) Peterson Bilirakis Davis (KY) Gowdy asking him, since they had lost their Clyburn Jackson Lee Pingree (ME) Bishop (UT) Denham Granger Connolly (VA) (TX) Polis homes, what he was going to do. And Black Dent Graves (GA) Cooper Johnson (GA) Price (NC) ARINO Blackburn DesJarlais Graves (MO) Mr. M made it very clear that he Costa Johnson, E. B. Quigley Bonner Diaz-Balart Griffin (AR) would do everything possible to ensure Costello Keating Rahall Bono Mack Dold Griffith (VA) Courtney Kildee Reyes that those families would have what Boustany Dreier Grimm Critz Kind Richardson they needed. And that’s why we’re here Brady (TX) Duffy Guinta Crowley Kissell Ross (AR) Brooks Duncan (SC) Guthrie right now with the measure that we Cuellar Kucinich Rothman (NJ) Broun (GA) Duncan (TN) Hall have before us. Cummings Langevin Roybal-Allard Buchanan Ellmers Hanna Davis (CA) Larsen (WA) Ruppersberger Now, Mr. Speaker, this measure that Bucshon Emerson Harper Davis (IL) Larson (CT) Rush will come before us later this evening Buerkle Farenthold Harris DeFazio Levin Ryan (OH) Burgess Fincher Hartzler is a measure that has been online more DeGette Lewis (GA) Sa´ nchez, Linda Burton (IN) Fitzpatrick Hastings (WA) than 72 hours. It was put online on DeLauro Lipinski T. Calvert Flake Hayworth Dicks Loebsack Sanchez, Loretta Monday. Today is Thursday, so well be- Camp Fleischmann Heck Dingell Lofgren, Zoe Sarbanes yond 72 hours it’s been made available. Campbell Fleming Hensarling

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.060 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6374 CONGRESSIONAL RECORD — HOUSE September 22, 2011 Schakowsky Smith (WA) Vela´ zquez Manzullo Pompeo Shuster NOT VOTING—13 Schiff Speier Visclosky Marchant Posey Simpson Bachmann Hirono Rangel Schrader Stark Walz (MN) Marino Price (GA) Smith (NE) Conyers Johnson (GA) Reichert Schwartz Sutton Wasserman McCarthy (CA) Quayle Smith (NJ) Deutch Larson (CT) Scott (VA) Thompson (CA) Schultz Yarmuth McCaul Reed Smith (TX) Giffords Markey Scott, David Thompson (MS) Waters McClintock Rehberg Southerland Gohmert Paul Serrano Tierney Watt McCotter Renacci Stearns Sewell Tonko Waxman McHenry Ribble Stivers b 1718 Sherman Towns Welch McKeon Rigell Stutzman Sires Tsongas Wilson (FL) McKinley Rivera Sullivan So the resolution was agreed to. Slaughter Van Hollen Woolsey McMorris Roby Terry The result of the vote was announced NOT VOTING—13 Rodgers Roe (TN) Thompson (PA) as above recorded. Meehan Rogers (AL) Thornberry Bachmann Hirono Reichert Mica Rogers (KY) Tiberi A motion to reconsider was laid on Conyers Kaptur Richmond Miller (FL) Rogers (MI) Tipton the table. Deutch Lee (CA) Yarmuth Miller (MI) Rohrabacher Turner (NY) Giffords Paul Miller, Gary Rokita Turner (OH) f Higgins Rangel Mulvaney Rooney Upton PROVIDING FOR CONSIDERATION Murphy (PA) Ros-Lehtinen Walberg b 1711 Myrick Roskam Walden OF H.R. 2401, TRANSPARENCY IN Mr. GUTIERREZ, Ms. MATSUI, Neugebauer Ross (FL) Walsh (IL) REGULATORY ANALYSIS OF IM- Noem Royce Webster Messrs. MCINTYRE, CROWLEY, and PACTS ON THE NATION ACT OF Nugent Runyan West 2011 Ms. of Nunes Ryan (WI) Westmoreland Texas changed their vote from ‘‘yea’’ Nunnelee Scalise Whitfield The SPEAKER pro tempore. The un- to ‘‘nay.’’ Olson Schilling Wilson (SC) finished business is the vote on order- Palazzo Schmidt Wittman Mr. BARTLETT changed his vote Paulsen Schock Wolf ing the previous question on the reso- from ‘‘nay’’ to ‘‘yea.’’ Pearce Schweikert Womack lution (H. Res. 406) providing for con- So the previous question was ordered. Pence Scott (SC) Woodall sideration of the bill (H.R. 2401) to re- The result of the vote was announced Petri Scott, Austin Yoder quire analyses of the cumulative and Pitts Sensenbrenner Young (AK) as above recorded. Platts Sessions Young (FL) incremental impacts of certain rules The SPEAKER pro tempore. The Poe (TX) Shimkus Young (IN) and actions of the Environmental Pro- question is on the resolution. tection Agency, and for other purposes, The question was taken; and the NAYS—182 on which the yeas and nays were or- Speaker pro tempore announced that Ackerman Garamendi Owens dered. the ayes appeared to have it. Altmire Gonzalez Pallone The Clerk read the title of the resolu- Andrews Green, Al Pascrell Mr. DREIER. Mr. Speaker, on that I Baca Green, Gene Pastor (AZ) tion. demand the yeas and nays. Baldwin Grijalva Payne The SPEAKER pro tempore. The The yeas and nays were ordered. Barrow Gutierrez Pelosi question is on the resolution. The SPEAKER pro tempore. This is a Bass (CA) Hahn Perlmutter This is a 5-minute vote. Becerra Hanabusa Peters 5-minute vote. Berkley Hastings (FL) Peterson The vote was taken by electronic de- The vote was taken by electronic de- Berman Heinrich Pingree (ME) vice, and there were—yeas 237, nays vice, and there were—yeas 238, nays Bishop (GA) Higgins Polis 184, not voting 12, as follows: Bishop (NY) Himes 182, not voting 13, as follows: Price (NC) [Roll No. 723] Blumenauer Hinchey Quigley [Roll No. 722] Boren Hinojosa Rahall YEAS—237 Boswell Hochul YEAS—238 Reyes Adams Crenshaw Harris Brady (PA) Holden Richardson Adams Cravaack Hall Braley (IA) Holt Aderholt Culberson Hartzler Richmond Akin Davis (KY) Hastings (WA) Aderholt Crawford Hanna Brown (FL) Honda Ross (AR) Akin Crenshaw Harper Butterfield Hoyer Alexander Denham Hayworth Rothman (NJ) Alexander Culberson Harris Capps Inslee Amash Dent Heck Roybal-Allard Amash Davis (KY) Hartzler Capuano Israel Amodei DesJarlais Hensarling Ruppersberger Amodei Denham Hastings (WA) Cardoza Jackson (IL) Austria Diaz-Balart Herger Rush Austria Dent Hayworth Carnahan Jackson Lee Bachus Dold Herrera Beutler Ryan (OH) Bachus DesJarlais Heck Carney (TX) Barletta Dreier Huelskamp Sa´ nchez, Linda Barletta Diaz-Balart Hensarling Carson (IN) Johnson, E. B. Bartlett Duffy Huizenga (MI) T. Bartlett Dold Herger Castor (FL) Kaptur Barton (TX) Duncan (SC) Hultgren Sanchez, Loretta Barton (TX) Dreier Herrera Beutler Chandler Keating Bass (NH) Duncan (TN) Hunter Sarbanes Bass (NH) Duffy Huelskamp Chu Kildee Benishek Ellmers Hurt Schakowsky Benishek Duncan (SC) Huizenga (MI) Cicilline Kind Berg Emerson Issa Schiff Berg Duncan (TN) Hultgren Clarke (MI) Kissell Biggert Farenthold Jenkins Biggert Ellmers Hunter Clarke (NY) Kucinich Schrader Bilbray Fincher Johnson (IL) Bilbray Emerson Hurt Clay Langevin Schwartz Bilirakis Fitzpatrick Johnson (OH) Bilirakis Farenthold Issa Cleaver Larsen (WA) Scott (VA) Bishop (UT) Flake Johnson, Sam Bishop (UT) Fincher Jenkins Clyburn Lee (CA) Scott, David Black Fleischmann Jones Black Fitzpatrick Johnson (IL) Connolly (VA) Levin Serrano Blackburn Fleming Jordan Blackburn Flake Johnson (OH) Cooper Lewis (GA) Sewell Bonner Flores Kelly Bonner Fleischmann Johnson, Sam Costa Lipinski Sherman Bono Mack Forbes King (IA) Bono Mack Fleming Jones Costello Loebsack Shuler Boustany Fortenberry King (NY) Boustany Flores Jordan Courtney Lofgren, Zoe Sires Brady (TX) Foxx Kingston Brady (TX) Forbes Kelly Critz Lowey Slaughter Brooks Franks (AZ) Kinzinger (IL) Brooks Fortenberry King (IA) Crowley Luja´ n Smith (WA) Broun (GA) Frelinghuysen Kline Broun (GA) Foxx King (NY) Cuellar Lynch Speier Buchanan Gallegly Labrador Buchanan Franks (AZ) Kingston Cummings Maloney Stark Bucshon Gardner Lamborn Bucshon Frelinghuysen Kinzinger (IL) Davis (CA) Matheson Sutton Buerkle Garrett Lance Buerkle Gallegly Kline Davis (IL) Matsui Thompson (CA) Burgess Gerlach Lankford Burgess Gardner Labrador DeFazio McCarthy (NY) Thompson (MS) Burton (IN) Gibbs Latham Burton (IN) Garrett Lamborn DeGette McCollum Tierney Calvert Gibson LaTourette Calvert Gerlach Lance DeLauro McDermott Tonko Camp Gingrey (GA) Latta Camp Gibbs Landry Dicks McGovern Towns Campbell Goodlatte Lewis (CA) Campbell Gibson Lankford Dingell McIntyre Tsongas Canseco Gosar LoBiondo Canseco Gingrey (GA) Latham Doggett McNerney Van Hollen Cantor Gowdy Long Cantor Goodlatte LaTourette Donnelly (IN) Meeks Vela´ zquez Capito Granger Lucas Capito Gosar Latta Doyle Michaud Visclosky Carter Graves (GA) Luetkemeyer Carter Gowdy Lewis (CA) Edwards Miller (NC) Walz (MN) Cassidy Graves (MO) Lummis Cassidy Granger LoBiondo Ellison Miller, George Wasserman Chabot Griffin (AR) Lungren, Daniel Chabot Graves (GA) Long Engel Moore Schultz Chaffetz Griffith (VA) E. Chaffetz Graves (MO) Lucas Eshoo Moran Waters Coble Grimm Mack Coble Griffin (AR) Luetkemeyer Farr Murphy (CT) Watt Coffman (CO) Guinta Manzullo Coffman (CO) Griffith (VA) Lummis Fattah Nadler Waxman Cole Guthrie Marchant Cohen Grimm Lungren, Daniel Filner Napolitano Welch Conaway Hall Marino Cole Guinta E. Frank (MA) Neal Wilson (FL) Cravaack Hanna McCarthy (CA) Conaway Guthrie Mack Fudge Olver Woolsey Crawford Harper McCaul

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A22SE7.008 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6375 McClintock Reed Smith (NE) NOT VOTING—12 Ross (FL) Smith (NE) Walden McCotter Rehberg Smith (NJ) Royce Smith (NJ) Walsh (IL) Bachmann Gohmert Paul McHenry Renacci Smith (TX) Runyan Smith (TX) Webster Conyers Hirono Rangel McKeon Ribble Southerland Deutch Landry Reichert Ryan (WI) Southerland West McKinley Rigell Stearns Giffords Pascrell Yarmuth Scalise Stearns Westmoreland McMorris Rivera Stivers Schilling Stivers Whitfield Rodgers Roby Stutzman b 1726 Schmidt Stutzman Wilson (SC) Meehan Roe (TN) Sullivan Schock Sullivan Wittman Mica Rogers (AL) Terry So the previous question was ordered. Schweikert Terry Wolf Miller (FL) Rogers (KY) Thompson (PA) The result of the vote was announced Scott (SC) Thompson (PA) Womack Miller (MI) Rogers (MI) Thornberry as above recorded. Scott, Austin Thornberry Woodall Miller, Gary Rohrabacher Tiberi Sensenbrenner Tiberi Yoder Mulvaney Rokita Tipton The SPEAKER pro tempore. The Sessions Tipton Young (AK) Murphy (PA) Rooney Turner (NY) question is on the resolution. Shimkus Turner (NY) Young (FL) Myrick Ros-Lehtinen Turner (OH) The question was taken; and the Shuler Turner (OH) Young (IN) Neugebauer Roskam Upton Speaker pro tempore announced that Shuster Upton Noem Ross (FL) Walberg Simpson Walberg Nugent Royce Walden the ayes appeared to have it. Nunes Runyan Walsh (IL) RECORDED VOTE NOES—175 Nunnelee Ryan (WI) Webster Mr. HASTINGS of Florida. Mr. Ackerman Green, Al Olver Olson Scalise West Palazzo Schilling Speaker, I demand a recorded vote. Altmire Green, Gene Owens Westmoreland Paulsen Schmidt Andrews Grijalva Pallone Whitfield A recorded vote was ordered. Pearce Schock Baca Gutierrez Pascrell Wilson (SC) The SPEAKER pro tempore. This is a Pence Schweikert Baldwin Hahn Pastor (AZ) Wittman Petri Scott (SC) 5-minute vote. Barrow Hanabusa Payne Wolf Pitts Scott, Austin The vote was taken by electronic de- Bass (CA) Hastings (FL) Pelosi Womack Platts Sensenbrenner Becerra Heinrich Perlmutter Woodall vice, and there were—ayes 245, noes 175, Poe (TX) Sessions Berkley Higgins Peters Yoder not voting 13, as follows: Pompeo Shimkus Berman Himes Peterson Young (AK) Posey Shuler [Roll No. 724] Bishop (GA) Hinchey Pingree (ME) Young (FL) Price (GA) Shuster AYES—245 Bishop (NY) Hinojosa Polis Young (IN) Quayle Simpson Boswell Hochul Price (NC) Adams Fitzpatrick Latta Brady (PA) Holden Aderholt Flake Lewis (CA) Quigley NAYS—184 Braley (IA) Holt Akin Fleischmann LoBiondo Reyes Brown (FL) Honda Ackerman Garamendi Neal Alexander Fleming Long Richardson Butterfield Hoyer Altmire Gonzalez Olver Amash Flores Lucas Richmond Capps Inslee Andrews Green, Al Owens Amodei Forbes Luetkemeyer Rothman (NJ) Capuano Israel Baca Green, Gene Pallone Austria Fortenberry Lummis Ruppersberger Cardoza Jackson (IL) Baldwin Grijalva Pastor (AZ) Bachus Foxx Lungren, Daniel Rush Carnahan Jackson Lee Barrow Gutierrez Payne Barletta Franks (AZ) E. Ryan (OH) Carney (TX) Bass (CA) Hahn Pelosi Bartlett Frelinghuysen Mack Sa´ nchez, Linda Carson (IN) Johnson (GA) Becerra Hanabusa Perlmutter Barton (TX) Gallegly Manzullo T. Castor (FL) Johnson, E. B. Berkley Hastings (FL) Peters Bass (NH) Gardner Marino Sanchez, Loretta Chu Kaptur Berman Heinrich Peterson Benishek Garrett Matheson Sarbanes Bishop (GA) Higgins Berg Gerlach Cicilline Keating Pingree (ME) McCarthy (CA) Schakowsky Bishop (NY) Himes Biggert Gibbs McCaul Clarke (MI) Kildee Polis Schiff Blumenauer Hinchey Bilbray Gibson McClintock Clarke (NY) Kind Price (NC) Schrader Boren Hinojosa Bilirakis Gingrey (GA) McCotter Clay Kissell Quigley Schwartz Boswell Hochul Bishop (UT) Gohmert McHenry Cleaver Kucinich Rahall Scott (VA) Brady (PA) Holden Black Gonzalez McIntyre Clyburn Langevin Reyes Scott, David Braley (IA) Holt Blackburn Goodlatte McKeon Cohen Larsen (WA) Richardson Serrano Brown (FL) Honda Bonner Gosar McKinley Connolly (VA) Larson (CT) Richmond Sewell Butterfield Hoyer Bono Mack Gowdy McMorris Cooper Lee (CA) Ross (AR) Sherman Capps Inslee Boren Granger Rodgers Costello Levin Rothman (NJ) Sires Capuano Israel Boustany Graves (GA) Meehan Courtney Lewis (GA) Roybal-Allard Slaughter Cardoza Jackson (IL) Brady (TX) Graves (MO) Mica Critz Lipinski Carnahan Jackson Lee Ruppersberger Brooks Griffin (AR) Miller (FL) Smith (WA) Crowley Loebsack Carney (TX) Rush Broun (GA) Griffith (VA) Miller (MI) Speier Cuellar Lofgren, Zoe Carson (IN) Johnson (GA) Ryan (OH) Buchanan Grimm Miller, Gary Stark Cummings Lowey Castor (FL) Johnson, E. B. Sa´ nchez, Linda Bucshon Guinta Mulvaney Sutton Davis (CA) Luja´ n Chandler Kaptur T. Buerkle Guthrie Murphy (PA) Thompson (CA) Davis (IL) Lynch Chu Keating Sanchez, Loretta Burgess Hall Myrick DeFazio Maloney Thompson (MS) Cicilline Kildee Sarbanes Burton (IN) Hanna Neugebauer DeGette Markey Tierney Clarke (MI) Kind Schakowsky Calvert Harper Noem DeLauro Matsui Tonko Clarke (NY) Kissell Schiff Camp Harris Nugent Dicks McCarthy (NY) Towns Clay Kucinich Schrader Campbell Hartzler Nunes Dingell McCollum Tsongas Cleaver Langevin Schwartz Canseco Hastings (WA) Nunnelee Doggett McDermott Van Hollen Clyburn Larsen (WA) Scott (VA) Cantor Hayworth Olson Donnelly (IN) McGovern Vela´ zquez Cohen Larson (CT) Scott, David Capito Heck Paulsen Doyle McNerney Visclosky Connolly (VA) Lee (CA) Serrano Carter Hensarling Pearce Edwards Meeks Walz (MN) Cooper Levin Sewell Cassidy Herger Pence Ellison Michaud Wasserman Costa Lewis (GA) Sherman Chabot Herrera Beutler Petri Engel Miller (NC) Schultz Costello Lipinski Sires Chaffetz Huelskamp Pitts Eshoo Miller, George Waters Courtney Loebsack Slaughter Chandler Huizenga (MI) Platts Critz Lofgren, Zoe Coble Hultgren Farr Moore Watt Smith (WA) Poe (TX) Crowley Lowey Coffman (CO) Hunter Pompeo Fattah Moran Waxman Speier Cuellar Luja´ n Cole Hurt Posey Filner Murphy (CT) Welch Stark Cummings Lynch Conaway Issa Price (GA) Frank (MA) Nadler Wilson (FL) Sutton Davis (CA) Maloney Costa Jenkins Quayle Fudge Napolitano Woolsey Thompson (CA) Davis (IL) Markey Cravaack Johnson (IL) Rahall Garamendi Neal Thompson (MS) DeFazio Matheson Crawford Johnson (OH) Reed Tierney DeGette Matsui Crenshaw Johnson, Sam Rehberg NOT VOTING—13 DeLauro McCarthy (NY) Tonko Culberson Jones Renacci Dicks McCollum Towns Davis (KY) Jordan Ribble Bachmann Hirono Reichert Dingell McDermott Tsongas Denham Kelly Rigell Blumenauer Marchant Roybal-Allard Doggett McGovern Van Hollen Dent King (IA) Rivera Conyers Palazzo Yarmuth Donnelly (IN) McIntyre Vela´ zquez DesJarlais King (NY) Roby Deutch Paul Doyle McNerney Visclosky Diaz-Balart Kingston Roe (TN) Giffords Rangel Edwards Meeks Walz (MN) Dold Kinzinger (IL) Rogers (AL) Ellison Michaud Wasserman Dreier Kline Rogers (KY) Engel Miller (NC) Schultz Duffy Labrador Rogers (MI) b 1735 Eshoo Miller, George Waters Duncan (SC) Lamborn Rohrabacher Farr Moore Watt Duncan (TN) Lance Rokita So the resolution was agreed to. Fattah Moran Waxman Ellmers Landry Rooney Filner Murphy (CT) Welch Emerson Lankford Ros-Lehtinen The result of the vote was announced Frank (MA) Nadler Wilson (FL) Farenthold Latham Roskam as above recorded. Fudge Napolitano Woolsey Fincher LaTourette Ross (AR) A motion to reconsider was laid on the table.

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A22SE7.010 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6376 CONGRESSIONAL RECORD — HOUSE September 22, 2011 ELECTING A MEMBER TO A CER- has climbed 13 percent since President The TRAIN Act, which really is very TAIN STANDING COMMITTEE OF Obama took office, while private sector simple, will require an analysis of the THE HOUSE OF REPRESENTA- jobs shrank by 5.6 percent. I believe cumulative impacts of the listed rules TIVES these two divergent trends are related on energy prices and reliability, on Mr. LARSON of Connecticut. Mr. because the breaking pace at which the jobs, and the effect on American com- Speaker, by direction of the Demo- Environmental Protection Agency is petitiveness. cratic Caucus, I offer a privileged reso- cranking out new regulations is cre- Two upcoming rules that pose a par- lution and ask for its immediate con- ating obstacles to job creation in ticularly serious threat and are a sideration. America, and also to stimulating the major component of EPA’s agenda are The Clerk read the resolution, as fol- economy. the utility MACT and the Cross-State lows: I don’t care if you speak to small Air Pollution Rule. For these two business people today or large business rules, we will be offering an amend- H. RES. 411 people today, they will tell you that ment that would put them on hold, Resolved, That the following named Mem- pending completion of the cumulative ber be and is hereby elected to the following one of the reasons that they are not in- standing committee of the House of Rep- vesting is because of uncertainty—un- impact study, as well as make sub- resentatives: certainty about the health care bill stantive changes to make sure that COMMITTEE ON SMALL BUSINESS.—Ms. Hahn, that was passed last year, uncertainty they are achievable in real life. to rank immediately after Mr. Richmond. about the financial regulations that I might point out that the utility The resolution was agreed to. are raising capital requirements and MACT is not in effect yet. The final A motion to reconsider was laid on making loans more difficult to obtain, rule is expected in November of this the table. but primarily they talk about the ex- year. But the Cross-State Air Pollution f cessive regulations coming out of the Rule is in effect, and they’ll start im- Environmental Protection Agency. plementing it the first of the year. TRANSPARENCY IN REGULATORY Now, these regulations normally are We’re going to ask that that imple- ANALYSIS OF IMPACTS ON THE not scrutinized very much, but I be- mentation be delayed until the final NATION ACT OF 2011 lieve that the legislative branch has rule of our committee that’s estab- Mr. WHITFIELD. Mr. Speaker, I ask the responsibility, particularly when lished under the TRAIN Act makes its unanimous consent that all Members this many regulations are coming down final report on August 1, 2012. may have 5 legislative days in which to the road, at a time when it’s having Some people are saying, well, if you revise and extend their remarks and in- impact on our ability to grow the econ- delay this, then what are we going to clude extraneous material on H.R. 2401. omy, that the legislative branch needs do about our air transport rule? Well, The SPEAKER pro tempore (Mr. to look at it, and that’s precisely what the reality is that we have an air trans- PALAZZO). Is there objection to the re- we’re doing with the TRAIN Act. port rule in effect today. I might add that EPA, when they implemented this quest of the gentleman from Ken- b 1740 tucky? bill, the CAIR Act, which was invali- There was no objection. Under the TRAIN Act, we are estab- dated by a Federal court, showed that The SPEAKER pro tempore. Pursu- lishing a government body that will the SO2 emissions, the NOX emissions ant to House Resolution 406 and rule look at the cumulative impact of about would be reduced significantly. And XVIII, the Chair declares the House in 12 regulations that have come down just about every environmental group the Committee of the Whole House on from the EPA in the last year or so. in America supported the implementa- the state of the Union for the consider- For example, there are a number of tion of CAIR. ation of the bill, H.R. 2401. costly new rules impacting coal-fired I might also say that with CAIR, at electric power plants. These include that time, EPA came out with one of b 1738 utility MACT, Cross-State Air Pollu- their benefit analyses, and they said IN THE COMMITTEE OF THE WHOLE tion Rules, greenhouse gas rules, coal CAIR will result in $85 billion to $100 Accordingly, the House resolved combustion residuals, and others. billion in health benefits each year, itself into the Committee of the Whole Each of these rules, alone, will force preventing 17,000 premature deaths, House on the state of the Union for the some existing power plants to shut 22,000 nonfatal heart attacks, 22,300 consideration of the bill (H.R. 2401) to down, while also blocking new ones hospital admissions, 1.7 million work- require analyses of the cumulative and from being built. This is bad enough, days, 500,000 lost schooldays. What we incremental impacts of certain rules not just for jobs, but also because it have in place today is doing a tremen- and actions of the Environmental Pro- will raise electricity prices. But the dous job; and until a court invalidated tection Agency, and for other purposes, combined effect of all these rules is far it, everyone was pleased with it. And so with Mr. WOMACK in the chair. worse. In fact, it could even reduce there’s little reason for us to rush for- The Clerk read the title of the bill. generating capacity enough that it ward to put in a new air transport rule The CHAIR. Pursuant to the rule, the would jeopardize the reliability of the when we have one that is working fine bill is considered read the first time. Nation’s electric grid system. And we today. The gentleman from Kentucky (Mr. need to know all of the information I might also say, some people have WHITFIELD) and the gentleman from that we can obtain about these regula- criticized this by trying to look at the California (Mr. WAXMAN) each will con- tions so that we can move forward in a cumulative impact of all these 12 or 13 trol 1 hour. legitimate and conscientious way. regulations that EPA has imple- The Chair recognizes the gentleman If America is going to remain com- mented, but I would point out that from Kentucky. petitive in the global marketplace, it is President Obama, in his Executive Mr. WHITFIELD. Mr. Chairman, I going to have to have reasonable elec- Order 13563, said: I’m asking people in yield myself such time as I may con- tricity prices, and that’s going to be es- my administration to tailor regula- sume. sential if we’re ever going to stimulate tions to impose the least burden on so- The last time the Clean Air Act was this economy and create jobs in Amer- ciety, taking into account other significantly changed was in 1990, near- ica. things, including the cost of cumu- ly 21 years ago, and since that time, a The cumulative burden of regulations lative regulations. lot of changes have occurred in Amer- really has not been much of a burden in So this legislation, which some peo- ica. First of all, we find ourselves the past because it’s seldom that EPA ple are going to describe as radical, is today with a situation where over 14 has ever come forth with this many simply implementing what President million Americans are unable to find regulations. But the Obama adminis- Obama has asked his Environmental work and millions more have given up tration’s attempt to squeeze at least a Protection Agency to do, and yet they trying. It appears that the only place decade’s worth of major Clean Air Act refuse to do it. where the job situation is good is at regulations into less than 3 years, and With that, I do hope that people will Federal regulatory agencies. Employ- do so in the midst of a weak economy, support H.R. 2401. It’s a commonsense ment at Federal regulatory agencies creates serious problems for America. approach to remove regulations that

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.069 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6377 are prohibiting jobs from being created to be determined by corporate profits, that we are in danger of losing due to in America and stimulating the Amer- not public health. the Obama administration’s environ- ican economy. b 1750 mental regulatory agenda. The TRAIN I reserve the balance of my time. Act will force the EPA and other Fed- Mr. WAXMAN. Mr. Speaker, I yield These radical amendments were eral agencies to conduct an in-depth myself 5 minutes. never examined in hearings or debated economic analysis of several of their This week is Dirty Air Week in the in the Energy and Commerce Com- rules and regulations so Congress and House of Representatives. Yesterday, mittee or in any other committee. the American people can fully under- in the Energy and Commerce Com- Members are being asked to vote on stand how the EPA’s regulatory train major changes to the Clean Air Act mittee, we considered legislation that wreck will impact our economy. will increase emissions of mercury and without any idea of their terrible im- In fact, EPA’s rules and actions ad- other dangerous chemicals from indus- pact on air quality and public health. dressed in this legislation cost billions My Republican colleagues will argue trial sources. Today the full House con- of dollars to the U.S. economy. The that we need to gut the Clean Air Act siders legislation to cut the heart out time to address the full economic bur- because it is a job-killing law. That is of the Clean Air Act. den of these regulations is now. Mr. Speaker, this is the most anti-en- categorically false. The last 40 years At its heart, the TRAIN Act simply vironmental House of Representatives proved we could have both economic asks questions that should be asked of in history. Since February of this year, growth and a clean environment. We do any expensive regulation: What do the House has voted again and again to not have to choose between jobs and these regulations mean for our ability block action to address climate toxic mercury emissions that endanger to compete in the global marketplace? change, to halt efforts to reduce air our children’s health and poison our Will electricity prices climb and by and water pollution, to undermine pro- lakes. how much as power producers are re- The rules that are being overturned tections for public lands in coastal quired to retrofit plants to meet new are job creators. If these rules are al- areas, and to weaken the protection of requirements? How would higher elec- lowed to go forward, the utilities that the environment in other ways. tricity prices and plant closures affect operate our oldest and dirtiest power My staff prepared a database last jobs in the U.S.? plants will have to install new pollu- month on every anti-environmental It’s really astonishing that the EPA tion controls. This will create 1.5 mil- vote in this Congress. The tally was is not doing this already. It is just lion jobs by 2015. This bill puts these 125—125 votes to weaken clean air, common sense, good government for jobs on the chopping block. clean water, safeguards to make our American workers and businesses. I urge all Members to oppose this leg- drinking water less safe, to weaken en- Now, some of the opponents of this islation and protect the Clean Air Act. vironmental standards in dozens of dif- I reserve the balance of my time. commonsense legislation, including ferent ways. This is an appalling and Mr. WHITFIELD. I might just say President Obama, say that this legisla- dangerous environmental record. The first of all that I would tell Mrs. Jack- tion is an assault on the Clean Air Act. full database is online at demo- son that we are not preventing her Nothing could be further from the crats.energycommerce.house.gov. from implementing new air transport truth. The TRAIN Act will not prevent Today the assault continues on the rules. We’re going to keep in place EPA from continuing to develop regu- Clean Air Act. The bill we consider what we have today that EPA said was lations. The TRAIN Act will also not today, the TRAIN Act, will block and a splendid program and even defended limit the EPA’s authority to protect indefinitely delay two EPA rules that it in the court system. If my amend- public health and welfare in any way. reduce pollution from power plants: the ment is adopted, 3 years after the final The fact is EPA has never done an Mercury and Air Toxics Rule and the report is made, they’re totally free to analysis on the cumulative impacts of Cross-State Air Pollution Rule. These go in and implement a new rule. these regulations on global competi- rules are critical to protecting the pub- At this time I would like to yield 5 tiveness, energy and fuel prices, em- lic health. Each year these rules will minutes to the vice chairman, the gen- ployment, or reliability of electricity prevent tens of thousands of premature tleman from Oklahoma (Mr. SULLIVAN). supply, which is why we need this leg- deaths, tens of thousands of heart at- Mr. SULLIVAN. Mr. Chairman, I rise islation. tacks, and hundreds of thousands of today in strong support of H.R. 2401, As we can see by EPA’s actions on asthma attacks. They will also prevent the Transparency in Regulatory Anal- the utility sector alone, they are over 2 million lost workdays. If this ysis of Impacts on the Nation Act of issuing multiple regulations on top of legislation is enacted, these public 2011, otherwise known as the TRAIN each other at an accelerated rate that health benefits will be lost, and more Act. makes it difficult for companies to in- babies will be born with birth defects As House Republicans move forward vest and create jobs. I’m pleased that and learning disabilities. with a bold agenda to grow our econ- we include language to delay EPA’s ac- And this is not all. Today we will omy and put Americans back to work, tion on both the Utility MACT and the consider amendments offered by Chair- one area that must be addressed is the Cross-State Air Pollution Rule until 6 man WHITFIELD and Representative issue of overregulation by the Federal months after the TRAIN Act analysis LATTA that will make this bill even Government. is complete. worse. The Whitfield amendment will I strongly believe the Obama admin- The Utility MACT Rule alone has the eviscerate the law’s ability to require istration is moving too fast and show- potential to be EPA’s most expensive power plants to install modern pollu- ing little regard for the economic con- rule impacting the U.S. economy. And tion controls. sequences of their energy and environ- when combined, these proposed rules EPA Administrator Lisa Jackson mental policies. They are trying to reg- could cost almost $18 billion to imple- told us this morning that if the Whit- ulate what they don’t have the votes to ment as a result and cause a net em- field amendment is enacted, EPA will legislate, and it is going to cost Ameri- ployment loss of 1,450,000 jobs by 2020. never be able to issue a rule to prevent cans jobs. These rules are an example of EPA’s emissions from power plants in one With our Nation suffering under a regulatory train wreck in action. State from polluting the air in a down- crushing weight of 9 percent unemploy- In addition, one of the actions in my wind State. She also said that the ment and the fact that the United bill that we study is the regional haze amendment could destroy the agency’s States failed to create a single job in issue, which greatly impacts my State ability to ever reduce toxic mercury the month of August, the stakes could of Oklahoma, as this is yet another ex- emissions from power plants. not be higher. The simple fact is that ample of EPA’s overreaching on the The Latta amendment is even worse. the businesses make decisions on where States with burdensome regulations It will reverse 40 years of clean air pol- to invest based upon a number of fac- without analyzing its impact on elec- icy, repealing the health-based stand- tors, but regulatory certainty ranks at tric reliability or cost. This EPA ac- ards that are at the heart of the Clean the top of the list. tion alone is expected to cost $2 billion Air Act. The Latta amendment would I introduced this bipartisan legisla- to Oklahoma businesses and electric allow our national goals for clean air tion to protect American jobs, jobs rate payers.

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.071 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6378 CONGRESSIONAL RECORD — HOUSE September 22, 2011 If there is one thing that can help tion of America, and the Physicians for look at how they all might fit together our struggling economy, it is having Social Responsibility are all actually and what the impacts might be just access to stable and reliable sources of enemies of the American people and doesn’t make sense. That was the gen- energy. American jobs because they oppose this esis behind this bill: to make sure that In these tough economic times, I en- radical new Republican agenda and be- we look at the overall impact. You see, courage my colleagues from both sides cause they advocate for policies that the EPA is supposed to look at the im- of the aisle to support this common- regulate the number of toxins and poi- pacts on each individual rule, but they sense measure. sons that we allow industry to emit don’t look at how they connect to- Mr. WAXMAN. Mr. Chairman, I am into the air each and every moment of gether. pleased at this time to yield 5 minutes the day. The Clean Air Act has been a wonder- to the distinguished ranking member I must remind my Republican col- ful success in this country. It has made of the Energy Subcommittee, the gen- leagues that EPA stands for the Envi- a lot of progress, and I think everyone tleman from Illinois (Mr. RUSH). ronmental Protection Agency and not in this room appreciates the health Mr. RUSH. I want to thank the fine the Evil Practices Agency, as they benefits it has created. It has also ranking member of the full committee, would have us believe. made a lot of progress on a lot of dif- Mr. WAXMAN, for his outstanding lead- My Republican colleagues would have ferent criteria pollutants. Now we’re ership on this matter and other mat- the American people believe that, if taking on and addressing issues that ters before our committee and before Congress just gets out of industry’s reflect some of the more difficult this Congress. way and allows corporations to operate issues to address at smaller increments Mr. Chairman, I join my friend and unregulated and unfettered, then they at the upper end. As we’re going to do colleague, Ranking Member WAXMAN, will inevitably do the right thing for that, I would suggest it makes sense in his declaration that this week the American people. The majority for us to make sure that before we take should be known as Dirty Air Week in party also wants us to believe that we actions that could have great signifi- America based on the Republican legis- should not place standards or rules on cance that we at least understand that lative agenda. industry because the inherent benevo- significance. The so-called TRAIN Act is really a lence of corporations will ultimately So that’s the idea behind the TRAIN train wreck for the air we breathe, the lead them to do the right thing for the Act—look before you leap, and make environment we live in, and the jobs we American people. sure how all of this fits together. need. Just yesterday in a full Energy But just think of the recent past. Let Despite what this debate sounds like and Commerce Committee markup, my me remind my Republican colleagues for people watching tonight, there is a Republican colleagues on a mostly that this philosophy has been tested common agenda here among everyone. party-line vote favorably passed out under the previous Bush administra- I think most people in this country two bills that would delay the Obama tion, and it has totally failed. It has value clean air. They value good deci- administration’s new rules for indus- failed the American people. It has sion-making, too, and we want to make trial boilers and cement kilns—H.R. failed the American environment. It sure that we evaluate these issues with 2250 and H.R. 2681, respectively. has failed the American air that we the best analysis possible and with the These two bills would delay the toxic breathe. best information possible so we can emissions limits for both boilers and The Acting CHAIR (Mr. HASTINGS of make decisions in the most efficient cement kilns, two of the largest emis- Washington). The time of the gen- way. sions sources that lack Federal stand- tleman has expired. Mr. WAXMAN. Mr. Chairman, I am ards and permanently weaken the Mr. WAXMAN. I yield the gentleman pleased and honored to yield 5 minutes Clean Air Act so that the EPA will be an additional 30 seconds. to one of the strongest environmental forced to issue weaker standards for Mr. RUSH. We don’t have to look any champions in the House of Representa- these polluting facilities than the law further. Just look at the financial col- tives, the gentleman from Massachu- currently requires. lapse and see what these kinds of un- setts (Mr. MARKEY). Now today, we’re here debating the fettered regulations have done to jobs Mr. MARKEY. I thank the gentleman Train Wreck Act, which would delay in this country and to jobs for the for yielding. for at least 3 years the implementation American people. This approach has I rise in opposition to the Republican of two new U.S. EPA rules for power put our entire economy on the brink of TRAIN Act, the Total Regulatory Am- plants: the newly finalized Cross-State disaster. nesty for Industry Negligence Act of Air Pollution Rule for sulfur dioxide After a financial collapse, here you 2011. and nitrogen oxides, and a soon-to-be are today, trying to bring forth a col- The very silly premise of this bill is finalized rule for hazardous toxic emis- lapse in terms of environmental pro- that it’s simply impossible to keep our sions. tections—a collapse in terms of pro- air clean and still keep our economic tecting us by changing the air that we engine chugging along. This Repub- 1800 b breathe. lican-led House has initiated a full- With Republicans holding the major- Mr. Chairman, I urge all of my col- throttle ‘‘repeal-a-thon.’’ It’s a three- ity in the House of Representatives, we leagues to oppose this egregious and part strategy: one, deny the science; know that the TRAIN Act will ulti- dangerous bill. two, delay the regulations; three, deter mately collide with the health of the Mr. WHITFIELD. I yield 3 minutes to efforts to protect the health and secu- American people. It’s going to pass this the gentleman from Utah (Mr. MATHE- rity of millions of Americans. Chamber even though the cross-State SON), who is a cosponsor of this legisla- We keep hearing from Republicans rule alone would prevent 34,000 deaths tion. about how EPA’s clean air standards to in this Nation and 400,000 cases of ag- Mr. MATHESON. I want to thank my reduce mercury, lead, dioxins, and gravated asthma annually. colleague from Kentucky for allowing other pollutants need to be economi- Mr. Chairman, since the new Repub- me the time. cally analyzed and reanalyzed. They in- lican majority took control of the En- I think, as we look at the TRAIN Act sist that, even if a standard for one ergy and Commerce Committee and today, you’re going to hear a lot during toxic chemical was met by an entire in- this Congress, they have been on a re- this debate from both sides of the aisle; dustrial sector, the removal of just one lentless crusade against our environ- and there are going to be a lot of more poisonous chemical would cause a mental protection laws, and they have strong words from both sides of the domino effect of problems for industry. been trying to portray the EPA as pub- aisle, probably beyond what the TRAIN And the solution to these supposed lic enemy number one. Act really is. problems? It is a time-tested Repub- According to the logic of today’s Re- The TRAIN Act was an idea: that we lican tradition. publican Party, agencies such as the ought to take a look before we leap. First, pass legislation that repeals EPA, the American Lung Association, The idea that we have all these proc- regulations that have already been set. the American Public Health Associa- esses taking place on individual rules, Two, require endless study of the cu- tion, the Allergy and Asthma Founda- but that no one is bothering to take a mulative effects of all regulations of

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.073 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6379 all industries. Finally, just for good ministrator, testified before our com- the environment, but we can’t shut the measure, pass an amendment that guts mittee that, ‘‘If we could reduce partic- whole country down to achieve it.’’ the very underpinnings of the Clean ulate matter to healthy levels, it would Mr. and Mrs. Kinney of Narrows, Vir- Air Act. have the same impact as finding the ginia, go on: Make no mistake, that is what we cure for cancer in our country.’’ The ‘‘I hope that anyone who agrees will are doing here today. difference is we already know how to write, email, or call all of our elected Our planet is warming and extreme reduce particulate matter. We don’t officials in Washington, D.C. Tell them weather is increasing. We’re having know how to cure cancer. the EPA is not living in the real world, record 100-year floods every few years. The Republicans are providing the and that it’s time to put some ‘regula- Hurricanes have caused floods, massive American people with a false choice. tions’ on them and how they can dic- power outages, and deaths. Texas was We do not have to choose between air tate rules to what industry we are still on fire this summer after having the quality and air-conditioning. We do not hanging on to in this Nation. In a time warmest summer ever recorded by any have to choose between manufacturing of recession and Americans out of State. The President has issued dis- and mercury poisoning. We do not have work, they should be helping industry, aster declarations in 48 States so far to choose between clean air and cancer. not trying to close what manufac- this year. We have set an all-time high Ending protections for clean air and turing base we have left with these idi- of 83 major disasters declared in 2011. clean water should be a third rail issue, otic rules and regulations.’’ We’ve already had 10 weather events but the Republican Tea Party express Hear, hear, Mr. and Mrs. Kinney. causing $1 billion or more in damages— has veered far off onto the right track. Hear, hear. another record—and we still have 3 The Acting CHAIR. The time of the This bill that we are debating to- months of the year left to go. gentleman has expired. night does exactly what you asked us And what do Republicans propose? Mr. WAXMAN. I yield the gentleman to do. We are doing your bidding, and Rather than saving money by cutting an additional 30 seconds. the millions of Americans out there the hundreds of billions we spent on Mr. MARKEY. I thank the gen- who feel the same way you do, that it’s unneeded Cold War-era nuclear weap- tleman. high time we put some regulations and ons, the Tea Party chooses to cut funds Sadly, these are the kinds of anti-in- some constraints on the regulators in that would reduce our dependency on novation, anti-science, anti-public Washington who don’t know what it’s foreign oil. Rather than cutting the health schemes the public has come to like to have to work for a living, who tens of billions of dollars in taxpayer fear from this legislative wrecking don’t know what it’s like not knowing subsidies we give to Big Oil and Big crew. whether or not the particular business Coal, the Republicans gut programs When the Republicans beckon you to in your community is going to stay that would manufacture energy-effi- come ‘‘all aboard’’ on the TRAIN Act, I open. cient cars in America and provide urge you to run in the opposite direc- These folks are particularly con- clean air. Republicans would have us tion, because the only train Repub- cerned in their discussion about a plant pay for the costs of weather disasters licans seem to care about is the Big Oil there in Giles County, one of the larg- caused by global warming by cutting and big coal gravy train, and that’s est employers there that is in danger if funding for a program that actually re- pulling out of the station here tonight we don’t change some of the rules pro- duces the very threat of global warm- as the Republicans push this bill posed by the EPA. They are concerned ing. through the Congress. about announced layoffs in Giles Coun- For all the talk of this so-called Mr. WHITFIELD. I might say to the ty, Virginia, as a result of EPA regula- ‘‘TRAIN wreck of cumulative EPA reg- gentleman from Massachusetts, there tions that will cause the power plant ulations,’’ there seems to be one cumu- is nothing in the TRAIN Act that there at Glen Lyn to close down. lative effect that isn’t getting men- would delay for 1 day the greenhouse So, ladies and gentlemen, don’t be tioned by the Republicans: the cumu- gas regulations that EPA adopted last fooled by the folks who say we are lative effect of all of their goals on the January. There is nothing in this bill doing the bidding of Big Oil and Big health of Americans. That is because relating to the Cement MACT as well. Coal. We are doing the bidding of peo- the Republicans, perhaps, are spending At this time, I would like to yield 3 ple like Mr. and Mrs. John and Eleanor so much time doing the bidding of minutes to the gentleman from Vir- Kinney. those corporations that they have lost ginia (Mr. GRIFFITH). I don’t know the Kinneys, but I sure their train of thought. Mr. GRIFFITH of Virginia. Thank do look forward to getting to meet If the regulation to remove mercury you, Mr. Chairman. them, because that’s the kind of people from cement plants—already 13 years Ladies and gentlemen, I knew that I who made America great. And with a overdue—is delayed for even one more was going to speak on this important bill like this, we can continue to keep year, up to 2,500 people will pre- legislation, and I tried to find the America great. maturely die. There will be 17,000 cases words that I would use this evening. Mr. WAXMAN. Mr. Chairman, I yield of aggravated asthma, and 1,500 people And while I was attempting to do that, 3 minutes to my fellow Californian, an will suffer heart attacks. If the regula- I came across a letter to the editor in important member of the Health Sub- tion to remove mercury, lead, and can- the Virginian Leader in Giles County, committee, the gentlewoman from cer-causing toxins from incinerators Virginia, that was published yesterday, California (Mrs. CAPPS). and industrial boilers—already 11 years September 21, 2011, and sent in by John Mrs. CAPPS. I thank my colleague overdue—is delayed for one more year, and Eleanor Kinney. They are de- for yielding time. there will be 6,600 people who will pre- scribed in their letter as an American Mr. Chairman, I express my strong maturely die because of that. blue collar worker. Neither Republican opposition to this bill that will dis- nor Democrat do they support. In that mantle public health standards and b 1810 letter, I will quote parts of it, they say: safeguards and increase air pollution. Additionally, if this bill passes, it ‘‘I’m going to be very blunt with the The TRAIN Act may have started as would repeal mercury and Cross-State following opinion: As a factory worker a ‘‘study,’’ but it has transformed into Air Pollution Rules for power plants, and taxpayer, I’m getting sick and a fundamentally different beast. It will resulting in the loss of 25,000 more lives tired of these Federal agencies who neither create jobs nor stimulate the and more than 11,000 heart attacks. have nothing better to do except sit in economy. Instead, the TRAIN Act in- And that’s just with 1 year of delay. their Washington offices and draw up definitely blocks the EPA’s Cross-State So what’s the cumulative impact of rules and regulations to kill American Air Pollution Rule and Mercury and just 1 year of delay on each of these jobs. Why don’t they get off their sorry Air Toxics Standards. These are de- regulations? Thirty-four thousand peo- behinds and go out across this Nation signed to protect our children and our ple will die and many more will be in- and try to help industry save what jobs families from dangerous pollutants. jured. we have left? And who is paying these We know that blocking these stand- In discussing these Republican ef- EPA people’s salary? We are, the Amer- ards will lead to tens of thousands of forts, today, Lisa Jackson, EPA Ad- ican workers. I believe in protecting premature deaths every single year. It

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.076 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6380 CONGRESSIONAL RECORD — HOUSE September 22, 2011 will lead to more heart attacks, more leagues for giving us time to speak on and it does not require power plants to respiratory illnesses, more children in this important bill. clean up mercury and other toxic air the hospital hooked up to respirators. As we’ve discussed, H.R. 2401, the un- pollution. His statement was abso- The TRAIN Act means more exposure derlying bill, is one that is important lutely incorrect. to toxic mercury as well, a brain poi- and appropriate that we consider at At this time I want to yield 3 min- son that causes developmental dis- this time. I support the underlying leg- utes to a very important member of orders, especially in small children and islation. And also as my colleague, our committee, Ms. SCHAKOWSKY from the unborn. Congressman MATHESON stated, while the State of Illinois. But, Mr. Chairman, the TRAIN Act it’s okay to have strong feelings on Ms. SCHAKOWSKY. I thank the gen- will also hurt the economy. It will this measure, it’s not appropriate to tleman for yielding. make it harder for families to make overstate in fact what this legislation The majority’s assault on clean air ends meet. It will force Americans to does. continues and has culminated into miss millions of days of work each year This measure requires the creation of what my friend and colleague, Mr. in order to care for sick family mem- an interagency committee to study the WAXMAN, has rightly referred to as bers or themselves. effects of the current and proposed reg- Dirty Air Week. It will waste billions of taxpayer dol- ulations put forth by the Environ- The effort to further delay EPA from lars treating preventable illnesses and mental Protection Agency that to- protecting our air would damage our disease caused by pollution, which gether have major effects not only on environment and the health of our citi- could have been prevented. And it will our way of life but on our economy, our zens. Today, 60 percent of Americans saddle families and businesses with economy which at this point in time is live in areas where air pollution has out-of-pocket medical costs and higher in a very fragile recovery period. reached unhealthy levels. The health insurance premiums. For too long, constituents that I rep- care costs associated with air pollution That’s what the TRAIN Act is really resent, farmers, farm workers and are estimated at over $100 billion annu- about, blocking the EPA from ridding small businesses in the San Joaquin ally. But these statistics would be even our air of pollutants that cause asthma Valley, have had to shoulder the bur- worse without the protections of the attacks, respiratory illnesses among den of mounting regulations of the Clean Air Act. According to the Amer- children, heart disease, and premature EPA. They’ve worked hard to meet ican Lung Association, Clean Air Act deaths. And the other side of the aisle stricter standards, and we’re making regulations prevented over 160,000 pre- wants to make it worse than it already progress. We’ve made great progress in mature deaths in 2010. is. cleaning up the air quality in the val- Over the past 20 years, the EPA esti- Later today, Mr. WHITFIELD will offer ley, even while the population is grow- mates that the Clean Air Act prevented an amendment that imposes even ing more rapidly than any other place 21,000 cases of heart disease, 672,000 longer mandatory delays on EPA’s two in the State. Yet common sense must cases of chronic bronchitis, 843,000 lifesaving clean air standards, and it prevail. At some point it’s time to put asthma attacks, and 18 million child would rewrite the Clean Air Act to re- the brakes on regulations and under- respiratory illnesses. verse the way toxic air pollution stand- stand the effects on consumers, on en- Yet today we consider a bill the Nat- ards are set. Instead of basing stand- ergy, on manufacturing industries, on ural Resource’s Defense Council has ards on the cleanest plants, the stand- electricity, on fuel prices, and our deemed the deadliest bill on the Repub- ards would be based on what the oldest country’s competitiveness in the global lican agenda. The goal of the TRAIN and dirtiest plants are doing. Today market. Act is to undermine EPA’s ability to Administrator Jackson testified that Recently, the administration has ac- protect our citizens from dangerous this change alone would make it im- knowledged that many regulations are toxins through the dismantling of the possible to ever issue a cross-State pol- having an effect on our economy. It’s Mercury and Air Toxics and Cross- lution standard. time that they step up to the plate and State air pollution standards. Another amendment, led by Mr. work with the Congress for common As a mother and a grandmother, I LATTA, would invert the Clean Air sense to prevail. have been a long-time advocate of Act’s 40-year-old requirement that I thank Congressmen MATHESON and clean air practices, especially with re- EPA set its clean air standards on SULLIVAN for introducing this impor- gard to mercury. health science and medicine alone. His tant measure, and I urge my colleagues Mercury threatens public health, but amendment would eliminate that to vote in favor of it. It’s not an either/ is particularly dangerous to pregnant right, which Americans depend upon. or choice. We can have clean air and we women and children. Overexposure to I urge my colleagues to vote ‘‘no’’ on can have a good, commonsense deci- mercury inhibits a developing child’s these dangerous amendments because sion-making process. The two are not ability to walk, talk, read, write, and Americans don’t want millions of tons mutually exclusive, as some of my col- comprehend and is one of the most dan- of toxic pollution dumped into their leagues are suggesting. I urge that you gerous unregulated toxins, which is lungs. They want jobs, and they aren’t vote for this measure. It’s a common- why I led legislation in the last Con- fooled that they need to pay for those sense way to work through these dif- gress to curb mercury emissions from jobs with more pollution. They want a ficult issues. various facilities. stronger economy, not increased health Mr. WAXMAN. Mr. Chairman, before In my home State of Illinois, coal- care costs and suffering. And, most im- I yield, I want to indicate that Mr. fired power plants emitted almost 5,000 portantly, they want their children to WHITFIELD just argued that this bill pounds of mercury into the atmosphere breathe clean and safe air. will not harm public health because al- in 2009, making Illinois the seventh I urge my colleagues vote ‘‘no’’ on though it blocks two critical rules to most mercury-polluted State in the this bill. clean up old power plants, it doesn’t re- Nation. But while Illinois has taken b 1820 peal the Clean Air Interstate Rule, or steps to reduce mercury contamina- Mr. WHITFIELD. I might say to the the CAIR rule. Well, leaving an inad- tion, air pollution doesn’t stop at State gentlelady from California, the air equate rule in place does not achieve borders. Federal standards are needed transport rule we have in effect today, the health benefits lost by blocking the to ensure that every State makes a when it was implemented, EPA said it Mercury Air Toxics Rule and the Cross- good-faith effort to protect its resi- would reduce SOX and NOX by 73 and 57 State Air Pollution Rule. The CAIR dents. percent by the year 2015. So it’s not rule was blocked by the courts. They The Mercury and Air Toxics Stand- like we don’t have something already found it didn’t comply with the Clean ards will prevent 4,500 cases of acute in place. Air Act because it did not effectively bronchitis and 6,800 premature deaths. At this time I would like to yield 2 address pollution that crosses State And the Cross-State Air Pollution Rule minutes to the distinguished Member lines. That means that States suffering will prevent 400,000 cases of aggravated from California (Mr. COSTA). from up-wind pollution have to look for asthma and 34,000 deaths per year. Mr. COSTA. Mr. Chairman, I would additional, more costly, pollution re- My colleagues across the aisle claim like to thank our Republican col- ductions from smaller local sources; to be in the business of eliminating

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.078 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6381 burdens. But by my math, every year b 1830 Clean Air Interstate Rule, Colorado these regulations are delayed, over By 2020, the Clean Air Act’s total didn’t wait. We knew that we could 40,000 preventable deaths will occur. benefit to the economy will reach $2 clean up our power plants and also the And as much as Republican opponents trillion, outweighing the costs by 30–1. power the economy. to the EPA would like to disagree, But despite the actual numbers, today So in 2010, Colorado enacted the these rules, like the previous Clean Air we find ourselves debating a full attack Clean Energy Clean Jobs Act. The law Act regulations, will grow our econ- on clean air—through the TRAIN Act— calls for utilities to reduce haze-caus- omy. which would represent an unprece- ing emissions of sulfur dioxide by Earlier this year, the Political Econ- dented upheaval of our long-held pollu- about 80 percent and nitrogen oxide by omy Research Institute concluded that tion standards. about 85 percent. As a result, Colo- the Cross-State and Mercury and Air Now, Mr. Chairman, we had a 3-hour rado’s largest utility, Xcel Energy, is Toxics rules will drive investments hearing in my committee, the Over- on track to shutter four coal-powered that could create 300,000 new jobs annu- sight Subcommittee, today talking plants, three in Denver, and replace ally. The Mercury and Toxics Air about the alleged job loss that the ma- that generation with natural gas-pow- Standard alone is expected to generate jority claims would happen. I heard ered units. It will also install emissions $7 billion in annual GDP growth. The no—repeat no—evidence that these controls for another 951 megawatts of numbers are clearly in favor of the rules would cause a job loss. In fact, coal-fired electrical generation. And, Clean Air Act and I reject the Repub- the evidence put into the record at the Mr. Chairman, Xcel expects that these lican idea that Americans need to hearing showed that these regulations improvements will only increase rates choose between jobs and health. The will create jobs at the same time they by 2 percent annually over the next 10 proven good news is that we can do are preserving our citizens’ health. years. both. A key amendment to this act, which Colorado’s successful experience with Mr. WHITFIELD. Mr. Chairman, I will be introduced later by Mr. WHIT- these types of regulations stands as 1 yield 1 ⁄2 minutes to the distinguished FIELD and which was accepted during even further proof that effective and gentleman from Kentucky (Mr. GUTH- the committee markup, is a dangerous efficient regulations to protect our air RIE), a member of the Energy and Com- measure that would indefinitely block and water bring ever growing benefits merce Committee. two major Clean Air Act regulations. to our Nation. And blocking these reg- Mr. GUTHRIE. The bipartisan posi- First, the Utility MACT rule, reducing ulations is a dangerous game where tion, the one that both parties working mercury and other toxic emissions America’s families will pay the price. together have put forward, is to sup- from power plants, and also the Cross- Mr. Chairman, the provisions of these port this; and we’ve had different com- State Air Pollution Rule, reducing sul- amendments will fundamentally re- ments about the Republicans are doing fur dioxide and nitrogen oxide emis- write our approaches to the Clean Air this or that. But the truth of the mat- sions from power plants. Both of these Act regulations that have been the ter is this is a bipartisan bill. It’s a bi- rules are being developed after exten- gold standard of our environmental partisan bill that our country needs be- sive cost benefit analyses. laws since 1990. cause for 21⁄2 years bureaucrats at the Together, the two rules would pre- I urge rejection of the amendments, Environmental Protection Agency vent more than 50,000 premature deaths and I urge rejection of this bill. have run wild with new regulations per year across the country. Now why Mr. WHITFIELD. I certainly have while hiding the staggering job losses would we delay implementation of the great respect for the gentlelady from that would result. Colorado, whom I’ve had the oppor- The TRAIN Act requires an inter- rules based solely on letters from con- tunity to work with on a lot of issues, agency committee to study the actual stituents and anecdotal evidence? In economic effects of EPA regulations fact, these two critical federal regula- but I would say to her and to others and make the findings public. Most of tions correspond to successful pollu- the only regulation that we’re delaying us say that’s a commonsense request of tion regulations in my home State of relating to mercury is the Utility EPA, no more regulations until we Colorado that are already bringing MACT. And I might say that EPA said know how many jobs will be lost. positive results for our State. that the health benefits from the re- Mr. Chairman, I have a manufac- Now everybody in this Chamber duction of mercury because of the Util- turing background, and I come from a knows the natural beauty of Colorado ity MACT was so insignificant that manufacturing State. In Kentucky, we is a treasure for everyone to enjoy. they did not even include it as a ben- know what it takes to keep and grow People move there because of the clean efit. jobs, and it isn’t excess regulations air and safe water. It is also a primary At this time, I would like to yield 2 from EPA. I implore my colleagues to driver in our economy through natural minutes to the gentleman from Texas pass the TRAIN Act and shed light on resources development and tourism. (Mr. OLSON), a member of the Energy the havoc that this agency is causing But because of mercury emissions from and Commerce Committee. for job creators nationwide. A vote for power plants, cement kilns, refineries, Mr. OLSON. I thank my colleague this bill is a vote for jobs and for trans- and commercial boilers, about 20 per- from Kentucky. parency. cent of our pristine lakes and res- Mr. Chairman, there appears to be Mr. WAXMAN. I yield 5 minutes to ervoirs contain mercury-tainted fish, some funny accounting at the Environ- the gentlelady from the State of Colo- including in our alpine areas. mental Protection Agency. EPA justi- rado (Ms. DEGETTE). To combat that, Colorado has adopt- fies issuing major rules that will have Ms. DEGETTE. Mr. Chairman, for too ed some of the most stringent mercury a tremendous negative impact on our long too many people in this body have rules in the country, with regulations economy by relying on the concept of proposed that we must make what on the books to cut mercury emissions ‘‘lives saved from premature death.’’ amounts to a devil’s bargain: choosing by 80 percent by 2012 and 90 percent by Well, let’s take a look at those ‘‘lives between environmental protections and 2018. These State regulations have been saved’’ numbers. jobs. Today, the ideology behind that implemented successfully and to our Ninety percent of the 13,000 to 34,000 false choice brings us to the brink of collective economic benefit—a federal theoretical ‘‘lives saved’’ from the gutting one of our Nation’s funda- overlay to such regulations would Cross-State Air Pollution Rule are mental laws, the Clean Air Act. bring the benefits that we have in from particulate matter exposures al- Mr. Chairman, the Clean Air Act has States like Colorado to the entire Na- ready below the National Air Ambient safeguarded our economy and our fami- tion. Quality Standard. Ninety percent of lies’ health for decades. And despite Colorado also has been a leader in the 6,000 to 17,000 theoretical ‘‘lives heated rhetoric from the other side, it cutting sulfur dioxide and nitrogen saved’’ from the Utility MACT are does not stand in the way of creating oxide emissions to our economic and from particulate matter exposures al- jobs. In 2010 alone, the Clean Air Act environmental benefit. While some ready below the National Air Ambient prevented 160,000 premature deaths, 3 States had a tough time designing Quality Standard. million lost school days, and 13 million haze-reduction plans in response to the Do you notice the theme? The EPA lost workdays. Bush administration’s now-defunct should explain how they attribute a

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.080 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6382 CONGRESSIONAL RECORD — HOUSE September 22, 2011 net benefit to a concentration of par- that other industries have already met our unemployment declined, our econ- ticulate matter below their own stand- using proven emission control tech- omy grew, and we reduced acid rain- ards. nologies that will reduce mercury forming gases by more than 30 percent. I encourage Members to vote ‘‘yes’’ emissions by 91 percent. It can be done. The Acting CHAIR. The time of the on the TRAIN Act, H.R. 2401, to hold And the cost of meeting both regula- gentleman has expired. the EPA accountable, and to put a stop tions pales in comparison to the eco- Mr. WAXMAN. I yield the gentleman to this job-killing nonsense. nomic benefits Americans will receive 1 additional minute. Mr. WAXMAN. Mr. Chairman, my with cleaner air. Mr. MORAN. I thank the gentleman. colleague, Mr. WHITFIELD, just said I want you to listen to this, Mr. b 1840 that the EPA found that the mercury Chairman. The cost of meeting the reduction benefits were so insignificant The proposed Mercury and Air Toxics emission reductions was actually 75 by EPA. Well, what they found was Standards rule has a quantified benefit percent less than what EPA had origi- they couldn’t put a pricetag on the of between 5 and 13 times its cost. And nally predicted in 1990, and it was far avoided birth defects and brain damage the pollution reductions required by below what opponents had claimed. But to babies. If that’s insignificant, I just the Cross-State Air Pollution Rule will there are still a number of provisions think people ought to put this whole yield benefits of $120 billion to $280 bil- of the Clean Air Act that have never effort to deregulate the efforts to pro- lion per year, which is between 150 to been implemented, and now we have tect the environment in perspective. I 350 times its cost. much more scientific and medical evi- think the Republicans think it’s insig- This bill serves the interest of no one dence to inform our decisionmaking. nificant because we can’t put a dollar but a few CEOs and the politicians who We know that a drop of mercury can figure on birth defects and brain dam- are supported by them, who refuse to poison an entire lake. We know these age to an infant—and so many Repub- accept responsibility for the harm things now. We know the harm of mer- licans call themselves pro-life. their unregulated power plants have cury and toxic chemicals. We know I want to yield 5 minutes to the dis- imposed on the rest of us. how much is coming from power tinguished chairman of the Interior Mr. Chairman, this bill itself is delib- plants. and Environment Appropriations Sub- erately deceiving. In fact, the title of The rule for power plants is long committee who has fought so hard to the bill implies something that is not overdue. It’s been in development for protect environmental regulations, es- true. The Environmental Protection close to 20 years. If one wants to talk pecially those that protect the public Agency is fully transparent, and it has about uncertainty, how about allowing health, the gentleman from Virginia already performed a Regulatory Impact certainty by letting EPA finalize its (Mr. MORAN). Analysis on the cost of its Clean Air rules on mercury, on air toxics, and on Mr. MORAN. Mr. Chairman, I want to Act regulations. And the intent of the cross-State air pollution. Then we will thank Mr. WAXMAN for his constant, bill is not what it claims. The true in- protect the health of our people. Then credible leadership. He is saying what tent of this bill is to slow down or our plants will know exactly what is all Americans should be aware of. This block implementation of EPA’s obliga- expected of them. is an incredibly important piece of leg- tions under the law to regulate our en- The fact is municipalities do this for islation. Mr. Chairman, power plants vironment. It specifically suspends fur- their waste recovery plants and their emit 96,000 pounds of mercury into the ther action on two regulations—the medical waste incinerators. They are air we breathe every year. Yet this bill Cross-State Air Pollution Rule and the required to do it. And no municipality would prevent EPA from regulating proposed rule on Mercury and Air ever went bankrupt over this regula- mercury. Toxics Standards—that are required tion. And medical wastes are disposed Mercury is an extremely dangerous under the Clean Air Act amendments of today in a safe and reliable manner. neurotoxin. It damages children’s de- of 1990. We can do this, we should do this, veloping brains, reducing their IQ and Pass this bill and you will condemn and we should defeat this bill. their ability to learn. At low levels of tens of thousands of Americans to a Mr. WHITFIELD. I would say to my exposure, it causes insomnia, neuro- premature death, you will sentence friend from Virginia that EPA is not muscular changes, headaches, disturb- millions more to a lifetime of health always as transparent as they may ances in sensations, changes in nerve complications, and you will straddle seem. When they issued the greenhouse responses and impairment of cognitive our economy with unnecessary costs gas regulation in January of this year, functions. Hundreds of thousands of and employers with millions of addi- they did not give the public any infor- people have been affected in this way. tional sick days. mation about cost or benefits, and the But at higher exposures, it affects kid- The goal of a cleaner environment reason they didn’t is they didn’t con- neys, causes respiratory failure and and a healthier population should not duct one. death. be sacrificed in order to keep this Na- At this time, I would like to yield 5 One gram of mercury, a tiny drop, tion’s dirtiest power plants from doing minutes to the distinguished former can be enough to contaminate 200 mil- what almost every other industry and chairman and chairman emeritus of lion gallons of water, which is the size all governments have done to reduce the Energy and Commerce Committee, of a 20-acre, 30-foot deep lake. All but harmful air pollution. a real leader in our committee, the one State, Alaska, have issued health What we’re being given here is a false gentleman from Texas (Mr. BARTON). advisories warning their residents choice peddled by, as I say, a fraction (Mr. BARTON of Texas asked and against eating fish caught in their of CEOs in the utility industry who was given permission to revise and ex- waters because of mercury contamina- refuse to clean up their antiquated tend his remarks.) tion. It goes up in the air from the coal-fired power plans. Mr. BARTON of Texas. I thank the power plants, then when it rains, it We can have clear air and more jobs. distinguished gentleman from Ken- goes into the water, it poisons the fish, History provides us with proof it is pos- tucky. and ultimately it poisons human sible because it has already happened. I would like to start off, Mr. Chair- beings. Two States, Oklahoma and Hundreds of thousands of people owe man, by making the point that the Maine, have issued Statewide fresh their life today to the environmental TRAIN Act doesn’t change any existing water advisories that you should be movement and leaders in Congress like environmental law or existing environ- wary of eating any large fish due to the Mr. WAXMAN and the White House who mental rule. It simply delays proposed possibility of mercury poisoning. pushed for and passed the landmark en- regulations that the EPA has promul- Think of this: Despite this acknowl- vironmental laws—back in the 1970s in gated and requires a study of some of edged danger, each year, power plants the Nixon administration, and in 1990— those regulations before moving for- release 96,000 pounds of mercury into that required polluters to clean our ward with them. the air. waters and reduce the pollution in the My friends on the Democratic side EPA’s proposed Mercury and Air air we breathe. In the decade after the would have you believe that we’re Toxics Standards rule requires power 1990 Clean Air Act amendments were going in and gutting the Clean Air Act. plants to meet the same requirements signed into law by George H.W. Bush, Nothing is further from the truth. I’m

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.082 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6383 a cosponsor of the Clean Air Act that’s emitted is emitted by natural provide us a little bit more trans- amendments of 1991, and believe it or causes; and if you enforce the new pro- parency. not I’m a strong supporter of an active posed mercury regulation, you’re going I at this point want to yield 6 min- EPA enforcing existing rules. I have a to get an improvement of .0004 percent, utes to my good friend, the gentleman sister whose an enforcement attorney four-thousandths of 1 percent. from Oregon (Mr. BLUMENAUER). at the EPA in Dallas, Texas, and has For an average 500-megawatt coal- Mr. BLUMENAUER. I appreciate the about a 99 percent conviction rate. So fired power plant, they emit about 70 gentleman’s courtesy, as I enjoy listen- Republicans want a strong EPA. We pounds per year of mercury. ing to the former chairman of the Com- want strong air and water quality The Acting CHAIR. The time of the merce Committee in his argument on rules, but we also want, in this strug- gentleman has expired. the floor. He gave us part of the story. gling economy, some common sense to Mr. WHITFIELD. I yield the gen- I find a certain irony, however. He be used before proposing new addi- tleman another minute. talked about how he supported the 1990 tional rules. Mr. BARTON of Texas. We’ve already Clean Air Act. Well, many of the argu- There is no criteria pollutant under reduced mercury emissions by 90 to 95 ments he makes that we’re hearing the Clean Air Act that is currently be- percent. To get another 90 to 95 percent here today could have been directed to- coming worse. In fact, the air is becom- is so cost prohibitive that you would wards him and his own support in 1990. ing cleaner, and that can be proven fac- probably just shut down some of those But bear in mind what happened in tually by monitoring. Every power plants. In my opinion, that’s not nec- 1990. It didn’t impose a bunch of rules plant in the country is monitored 24 essary. and regulations. It put in motion a hours a day, 7 days a week, 52 weeks a So what the TRAIN Act, in conclu- process so that we would have those year, as are our chemical plants and all sion, is doing, Mr. Chairman, is just studies. From 1990 to 1998, EPA was major source emitters. The data is saying let’s do a time-out. Before we go studying the issue. They came to the there, Mr. Chairman. forward with any new regulations, let’s conclusion that the study mandated The question that I asked the EPA make sure that there really is a true under the 1990 Clean Air Act required Administrator today, Lisa Jackson, is: benefit that outweighs the cost. that we promulgate rules to regulate Is it better, Madam Administrator, to In my district alone last week, a clo- this pollution. keep an existing plant that is in com- sure was announced of one plant and From 1998 until 2005, the Clinton ad- pliance with existing air quality regu- one coal mine that are going to cost di- ministration, and then the Bush ad- lations in production, or is it better to rectly at least 500 jobs. That’s not hy- ministration’s EPA, they kind of stud- close that plant because it can’t com- pothetical. That’s not modeled. That’s ied it. They came to the same conclu- ply with new, more stringent regula- real. And if all these plethora of EPA sion. The Bush administration came up tions that are being proposed? That’s regulations go forward, you’re going to with rules that were so flawed they the question. And that’s the reason see thousands of jobs eliminated, bil- were thrown out by the Courts. It that Mr. SULLIVAN and Mr. WHITFIELD lions of dollars in cost, and very prob- didn’t meet the standard that was re- and myself and others have either lematic improvements in health. quired by your 1990 Clean Air Act. sponsored or cosponsored this legisla- Please vote for the TRAIN Act when So here we are now, in 2011, 21 years tion. We want strong air quality regu- it comes up for final passage. later, talking about another study to lations. We want those rules enforced, Mr. WAXMAN. Mr. Chairman, I want delay it further, delay further what the but we don’t want an EPA that con- to set the record straight because I gentleman, and I would say a number tinues to go stronger and stronger and think we’re getting a lot of false infor- of Republicans on the Commerce Com- stronger, regardless of the economic mation. We are told that this bill mittee, supported in 1990. But now it’s consequences. doesn’t weaken any existing law. crunch time. We actually have to do Now, Mr. WHITFIELD, tomorrow, is That’s not correct. The Cross-State something. going to offer an amendment that re- Rule has already been finalized, which My friends on the other side of the places the proposed Cross-State Air means if you are living in an area aisle are fond of saying we shouldn’t Transport Rule with the CAIR regula- where pollution’s coming from another pick winners and losers in the econ- tion that the Bush administration pro- State, and there’s nothing you can do omy. Well, Mr. Chair, I find it ironic mulgated back in the early 2000s, that about it, the State that’s causing the that this Dirty Air Act does pick win- he wants a delay of the proposed boiler pollution has to reduce that pollution ners and losers. Who are the losers? MACT while we have a little more time in order not to affect you. And that’s I agree with my good friend from to implement that. And he also has, at going to be repealed by this legislation California, the ranking member, the my suggestion, put into that amend- that’s before us. losers are hundreds of thousands of ment that we should use real mon- We’re told all that’s going to happen people will die, get illness from cancer, itored data as opposed to EPA-modeled is we’re going to delay some of these asthma, lost school days, millions of data. How unique. Let’s actually use rules. Well, yes. We’re going to delay lost work days, the lost quality of life what’s happening in the real world. the rules. And then Mr. WHITFIELD is that is documented beyond belief. This This monitoring versus modeling going to offer an amendment to make is real, and these people lose. does not mean the EPA can’t use mod- sure that EPA can never adopt any of Who else loses? els. We understand that you would those rules. The downwind areas lose because have to be able to model the environ- And the thing that just galls me is they will not be able to act to be able ment and the effects, but you can use the statement that the benefits from to deal with the problems that the pol- real data to put in your model, not pro- reducing mercury are insignificant. lution drifts over their jurisdictions. jected or hypothetical data. Real data. Well, EPA was unable to quantify or And as again my friend from Southern The Whitfield amendment is an im- monetize all the health and environ- California pointed out, that means that portant addition to the TRAIN Act, mental benefits associated with the local communities that don’t have the and I hope that we will support it. proposed toxic rule, but EPA believes protection because we can’t stop the With regards to mercury, mercury these unquantified benefits are sub- drift, they’re going to have to do all has been reduced since the mid-1990s by stantial. We are talking about im- sorts of things that are more expensive 90 to 95 percent in the United States. paired cognitive development, prob- and less effective, and it’s not their lems with language, abnormal and so- fault. b 1850 cial development, potential for fatal The losers are going to be the Amer- The gentleman who spoke about mer- and nonfatal heart attacks, association ican economy. We will lose the eco- cury just now correctly stated the with genetic defects, possible auto-im- nomic benefits of getting the work amount of mercury that’s emitted, munity effects in antibodies. This is from unions and contractors from pol- 96,000 pounds, 48 tons, 96,000 pounds. not insignificant. And I think that it’s lution control. Bear in mind, pollution What he did not say is that that is less not accurate to tell us that this bill control devices are an export area. We than 1 percent of the total mercury simply provides some transparency. I have a net benefit. We make money ex- emitted in the country. Most mercury think the authors of the bill ought to porting this abroad.

VerDate Mar 15 2010 06:16 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.083 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6384 CONGRESSIONAL RECORD — HOUSE September 22, 2011 We lose the net economic benefit of sources contributing to North Caro- We are, in this country, about grow- the lost health. We bear the cost of un- lina’s non-containment areas will re- ing jobs in America, not losing them. necessary damage. duce their emissions even after opting And these regulations are job-killing But there’s another area of losers. into CAIR’s trading programs.’’ regulations. Mr. Chairman, I find it interesting, in My point in saying that is this still is I’m really pleased with the work of December 2010, eight major CEOs sent a particularly effective Air Transport the Energy and Commerce Committee a letter to the editor of The Wall Rule. on all of their hard work on these Street Journal saying that they didn’t At this time I would like to yield 3 issues. This is important to American oppose—that the EPA agenda would minutes to the gentleman from Texas workers everywhere. have negative economic consequences. (Mr. CARTER). Mr. WAXMAN. Mr. Chairman, the Their companies’ experience complying Mr. CARTER. Mr. Chairman, I rise Republican spinmeisters like to come with air quality regulations dem- today in strong support of H.R. 2401, up with slogans. So they’ve come up onstrates that regulations can yield the TRAIN Act, and I want to con- with the slogan ‘‘job-killing regula- important economic benefits, including gratulate my friend from Oklahoma for tion.’’ Well, let me tell you what we’re job creation and maintaining reli- this good piece of legislation. talking about: children-killing pollu- ability. For the past 9 months I’ve been on tion. On March 16, 2011, six leading energy the floor of the House, and it’s been my And I just think that when we hear companies joined together to applaud mission to rein in, or at least to at- the statements that they’re not going EPA’s release of one of their proposed tempt to rein in, some of these out-of- to weaken or delay any rules that pro- rules. control regulators in this country tect public health and the environ- The losers in the approach that you today who intend on keeping our econ- ment, we shouldn’t take their word for take are the early adapters, the people omy in the ditch by placing barriers in it. I have a letter here from the Na- who took the law at its word and start- the way of job creation and in keeping tional Association of Clean Air Agen- ed cleaning up. They lose by taking the jobs. cies. They represent the State and word of Congress that we were serious I’m so glad that this bill is on the local air pollution control people who about reducing pollution, including one floor because this job-killing regula- are on the ground every day working to of my local utilities, Portland General tion is center stage at this time. improve the Nation’s air quality. What that’s moving ahead to close down a Mr. Chairman, I’m pleased to see the TRAIN Act provisions delay this EPA they say is that if this bill is adopted it dirty coal plant to meet their respon- ‘‘will create regulatory delays that sibilities. job-killing and energy-killing rule known as Cross-State Air Pollution for could lead to thousands of premature Who wins under the Republican ap- deaths, remove important regulatory proach? the next 6 months. Let’s point out that we heard com- tools upon which States and localities Well, the winners, under the Repub- depend, impose additional costs on gov- lican approach, are those who profit ments about transparent analysis. My own State, Texas, was dropped into the ernment as well as small businesses, from pollution: the people who are create regulatory uncertainty, cause dragging their feet, who bet that we final Cross-State Air Pollution Rule in the last minute. Texas was not in- job losses, and defund an important will, yet again, have another study, and cost-effective air pollution control that we won’t follow through. The win- cluded in the proposed rule, and our citizens were denied their right under program.’’ ners under this are the people who are Mr. Chairman, at this time I want to the Administrative Procedures Act to cynical, who think that they don’t yield 5 minutes to the distinguished review the impact and comment on the have to comply with the Clean Air Act. gentleman from the State of Virginia proposed rule. We just got kind of air- I noticed that today, in China Daily, (Mr. CONNOLLY). dated September 22, the Chinese are dropped into this at the last minute. Mr. CONNOLLY of Virginia. I thank talking about their tougher emission Thirty-one members of the Texas del- my good friend and the distinguished standards. They are talking about the egation have written a letter to the ranking member of the Energy and fact that there’s a pushback from their White House, including eight of the Commerce Committee. utilities because there’s cost of compli- Democrats in our delegation, express- Mr. Chairman, this bill is extraor- ance. But they know that there is a ing concerns about this rule and how it dinary even for the most anti-environ- health benefit. They can’t continue to was forced down the throats of the citi- mental House of Representatives in pollute. And there’s an economic ben- zens of Texas. I think that that ought American history. The Republican efit for people who move ahead with to be some indication that something leadership has attempted already to the compliance. The Chinese are going is wrong here. pass over 110 anti-environmental bills, to make money by being cleaner, Now, Mr. BARTON indicated some- amendments, and riders. But the adopting technologies to reduce thing that is actually larger than what TRAIN Act would be one of the most emissions. he stated. In his district, one plant has destructive for America’s environment closed, but two plants have actually b 1900 and our public health. closed in Texas as a result of this rule It appears that the Republican lead- Mr. Chair, I’m embarrassed that we already, and three mines have closed. ership took every anti-environmental have, after 21 years, a proposal to yet And we know at least of the 500 jobs bill, rider, amendment, and nighttime again delay implementation, that that Mr. BARTON has referenced here fantasy of the Koch brothers and they’re picking winners and losers, today, but we haven’t gotten the count wrapped it into a single legislative putting people who profit from pollu- from the other two. package called the TRAIN Act. tion ahead of people who are respon- This is a serious loss of good-paying This bill would block clean air, pub- sible. It’s just wrong. jobs to Texas. These are the kinds of lic health standards for mercury, Mr. WHITFIELD. I might say to the jobs people seek after. dioxin, smog, soot, and other toxic pol- distinguished gentleman from Oregon The step in the right direction is to lutants. We’re supposed to believe no, that it is correct that the court invali- hold off. And when you say you’re no, no, all we’re doing is just delaying dated the current Air Transport Rule doing studies, by the very statements and studying. Twenty-one years is a that we have in effect in America made on this floor, it’s about scientific long time to study. And if you have a today, but I would also like to read proof. But there are also human beings loved one whose health is at stake, from that decision because one of the involved in this, and we should at least that delay can be life threatening. reasons they invalidated this law was do an economic analysis of what this By increasing the incidence of em- because EPA was looking at a regional does to our economy, which I think physema, lung cancer, asthma, and car- basis rather than within individual this administration is bound and deter- diac diseases, this bill will kill 25,000 States. mined to drag down into the mud. And Americans every year—nearly as many The court said: ‘‘It is possible that I think we should know how many jobs as are killed in highway accidents. CAIR would achieve air transport we’re going to lose. We’re trying to Just one standard this bill would re- goals. EPA’s modeling shows that build jobs, not lose jobs. peal, the Cross-State Air Pollution

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Perhaps if they under- Upcoming EPA gasoline regulations, plant and other harmful emissions stood a friend had COPD and has to along with other regulations impacting from polluters to the west in our com- walk around now all the time with oxy- domestic refiners, have the potential to munity is one of the reasons the Cap- gen in a mask to function and be mo- raise the price at the pump, to reduce ital Region is listed as a non-attain- bile, they’d better understand the life- domestic gasoline output and increase ment area for air quality. But we have and-death struggle of people who live reliance on imports, and to destroy do- to clean it up. in areas affected by dirty, polluted air mestic refining jobs. Fuel price The preponderance of harmful ground and would better respect why the EPA changes create a ripple effect through- level ozone threatens seniors, is protecting our health—even if that out the economy, increasing the price asthmatics, and those with respiratory couple in Charles County doesn’t un- of food, goods, and services that are conditions—not to mention the fact derstand. transported to our communities, in- that it threatens our eligibility for I urge opposition to this bill. creasing the price of driving to work long-term transportation funding. Mr. WHITFIELD. May I ask how each day. Monitoring and responsibly regu- much time we have remaining? These broad impacts must be taken lating cross-State air pollution here The Acting CHAIR. The gentleman into account when we seek to under- and in other regions would save, not from Kentucky has 25 minutes remain- stand the cumulative impact of EPA cost, save $280 billion a year in health ing. The gentleman from California has regulations on the energy prices, jobs, care costs. But not if the Republicans 12 minutes remaining. and our global competitiveness. I hope pass this bill. Mr. WHITFIELD. At this time, I my colleagues on both sides of the aisle But of course they don’t want you to yield 4 minutes to the distinguished will join me in supporting the TRAIN look at the other side of the ledger. gentleman from Mississippi (Mr. HAR- Act. There are benefits to be had by imple- PER), who is a member of the Energy Mr. WAXMAN. Mr. Chairman, I yield menting the EPA standards rather and Commerce Committee. 3 minutes to the gentleman from Min- than delaying them, $280 billion worth, (Mr. HARPER asked and was given nesota (Mr. ELLISON). but they don’t want you to know that. permission to revise and extend his re- Mr. ELLISON. Let me thank the gen- They don’t want to talk about that. marks.) tleman for yielding, and let me thank I was proud to work with a number of Mr. HARPER. I thank the gentleman all of us who are assembled here on the my colleagues to lead a group letter from Kentucky for yielding. floor tonight to talk about the state of signed by 60 Members of this body re- Mr. Chairman, the TRAIN Act is on our lungs, the state of our health, and affirming our support for the Cross- the House floor today as part of the Re- to talk about how the deprivation of State Air Pollution Rule. This public publican regulatory relief agenda to re- protection will lead to harming our health standard is critical for eco- duce job-killing government regulation health. It’s a sad day, and I’m just glad nomic and human health in our region. on businesses. Americans are tired of we’re here to debate this issue so that That rule is just one example among Big Government, and a majority be- the American people can see who’s for many successful public health stand- lieves that government regulation them and who’s not. ards established under the Clean Air coming out of Washington, D.C., has a What my friends on the other side of Act. costly impact on life essentials, such as the aisle call ‘‘regulation’’ we call pro- Since its inception in 1970, the Clean food and gasoline. Too many Ameri- tecting our lungs. What they call ‘‘red Air Act has produced economic benefits cans are unemployed, and a recent sur- tape’’ we call fighting asthma from that far outweigh the cost of compli- vey shows that 70 percent of voters be- mercury. What they call ‘‘government ance by as much as 8 to 1. The Small lieve that increasing regulations on interference’’ we call staying out of the Business Majority credits the Clean Air American businesses will result in hospital and getting some asthma Act with widespread economic benefits, more jobs moving overseas. That is un- treatments and being able to eat the both across urban and rural commu- acceptable. fish that we catch in our rivers and nities, improving public and worker No government agency is more to streams across this great Nation. What health, and creating jobs, millions of blame for an absurd increase in regula- they call ‘‘job-killing regulation’’ we them. tion than the Environmental Protec- call child-killing pollution. tion Agency. We all want clean air. We It’s just amazing how different the 1910 b all want clean water. We’re all con- world would be if we could all just Each year, the Clean Air Act pre- servationists and want those things, focus on what really matters. vents 22,000 hospital visits which would but the effects of the actions of the What we really should be doing is ar- otherwise be caused by pollution-in- EPA are clear—they’re killing jobs and guing about how we can get Americans duced respiratory diseases, 67,000 job creation. back to work. That’s not what we’re chronic asthma and bronchitis attacks, We’ve asked our colleagues on the doing. What we’re doing is trying to and saves over $110 billion in health other side of the aisle over and over, say, if they got rid of all the regula- care costs. The TRAIN Act would block Where are the jobs? I submit that a tions—all the health and safety regula- nearly every major public health thorough investigation of recent EPA tions—and then if they even got rid of standard being implemented by the regulations could answer that ques- all the taxes, then the business com- Clean Air Act. tion. munity would have enough certainty I heard my colleague and friend, Mr. I encourage a ‘‘yes’’ vote on the to actually hire somebody. GRIFFITH from Virginia, talk about a TRAIN Act so that Americans will But I don’t think anybody really be- letter he read in a local newspaper in have an even better understanding of lieves that. Charles County, Virginia. This couple the negative impact that the EPA is We’ve got a nation in this world that purportedly couldn’t understand why having on each of our lives. has gotten rid of all the regulations bureaucrats who were sitting on their Mr. WAXMAN. I reserve the balance and that doesn’t really tax anybody. rear ends somehow come up with these of my time. It’s called Somalia. I don’t think that’s fantastical regulations that are just Mr. WHITFIELD. Mr. Chairman, I a good business environment for much burdensome and serve no purpose. yield 4 minutes to the gentleman from of anybody unless you’re a warlord. Perhaps if that couple had sat with a Illinois (Mr. HULTGREN). The fact is that, instead of focusing child in a hospital room, fighting for Mr. HULTGREN. I thank my col- on creating jobs, Republicans are his or her breath, they’d understand league from Kentucky for yielding. bringing up another assault on our pub- why we need these regulations and why I rise in support of the TRAIN Act, lic health—in the Clean Air Act. We those professionals at EPA are doing which will help give small businesses should have the American Jobs Act their job to protect public health. Per- and our Nation’s job creators the cer- here, and we should be debating that. haps if they had seen a loved one or a tainty they need to hire, expand, and We should be passing bills to create

VerDate Mar 15 2010 04:30 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.086 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6386 CONGRESSIONAL RECORD — HOUSE September 22, 2011 jobs and improve economic growth. We does. Do what every family in this ties; it’s paid by everyday Americans should not be telling American workers country does when they are faced with who use electricity and by America’s that the only thing between them and tough decisions or any decision. manufacturers. a job is a regulation to protect their When I go to the grocery store, I Just the two rules in this bill, the lungs. They’re trying to say, A pay- have the option of buying ramen noo- ones that the TRAIN Act seeks to check or your lungs. You can have a dles or lobster, and I usually settle delay, would increase the nationwide paycheck or you can have asthma, but somewhere in the middle on chicken. average price of electricity by 11.5 per- you can’t have a paycheck and be well. Businesses look at the cost and benefit cent, and it’s even worse in this Na- That’s what they’re arguing today, and of everything that they do just like tion’s manufacturing States. Look at this is what we have to reject. families do. this map. The upper Midwest could see Instead of bringing up bills to create What we are asking through the their electricity rise by 17 percent; jobs, the GOP is bringing up yet an- TRAIN Act is to take a look at what Michigan by 20 percent, one of the other assault on the Clean Air Act, these oppressive regulations cost. States that’s really hurting; Kentucky blocking two of the most important We’ve got great regulations in place and Tennessee, by more than 23 per- lifesaving Clean Air Act rules in dec- now. We’ve improved the air im- cent. These are where our manufac- ades—the Mercury and Air Toxics rule mensely. Let’s see if it’s worth going turing jobs reside. and the Cross-State Air Pollution Rule. the next step. Raising energy costs would remove The Mercury and Air Toxics rule will We can factor in all of the things one of the few remaining advantages prevent 17,000 premature deaths per that our friends on the other side of that U.S. manufacturing has over low- year. I couldn’t agree more with the the aisle want, but we need to do the cost foreign competitors, that is, ac- gentleman from Virginia, GERRY CON- study, and we need to have the infor- cess to affordable, reliable energy. NOLLY, who reminded us that, if you’ve mation so we can make informed deci- My own industry people tell me that ever held the hand of a loved one who sions. the one advantage they have over for- is suffering through an asthma attack, The money that these excessive regu- eign countries when it comes to com- it would be hard to see how you could lations cost businesses are passed on to peting head to head is the availability callously vote for a bill like this the consumer. American families are of affordable, reliable energy. And on TRAIN Act, which I like to call the asked all the time to make sacrifices the environmental side, President Train Wreck Act, because it’s just that to make ends meet. Obama’s former environmental czar, bad. The Cross-State Air Pollution As these regulations run up energy Carol Browner, herself, said that the Rule will prevent 34,000 premature costs, our families’ electric bills and rule would provide ‘‘no health benefits deaths per year. gasoline bills go up, and they have to associated with addressing non-mer- The Acting CHAIR. The time of the make decisions about whether they’re cury emissions.’’ gentleman has expired. going to fill their car with gas or what The rhetoric, Mr. Chairman, used to Mr. WAXMAN. I yield the gentleman kind of food they’re going to buy, if attack this bill has reached a fever an additional 1 minute. any, to put on their tables. pitch, but it is not backed by the facts. Mr. ELLISON. I thank the gen- We have got to keep people working. I urge my colleagues to support the tleman, and I’ll wrap it up with this: If these regulations put people out of TRAIN Act. We can have energy and jobs. The work, the families that the wage own- Mr. WAXMAN. I continue to reserve Clean Energy Group, a coalition of en- ers support suffer too. They don’t have the balance of my time. ergy utilities and power companies, has the money to pay their bills. They Mr. WHITFIELD. Mr. Chairman, I said that the changes in industry prac- don’t have the money to buy food. yield 3 minutes to the gentleman from tice that the Mercury and Air Toxics They don’t have the money to buy Kansas (Mr. HUELSKAMP). rule would produce are reasonable, can medicine. We have got to be as intel- Mr. HUELSKAMP. I appreciate the be accomplished, and are not a burden ligent as we are compassionate. gentleman from Kentucky yielding to on industry. Not all industry agrees The intelligent thing to do is to do a me on this very important legislation. that we need to get rid of every regula- cost-benefit analysis of what regula- At a time when 25 million Americans tion. A study released by the Environ- tions do. That’s what we are asking in are unemployed or underemployed, the mental Defense Fund has estimated the TRAIN Act. Let’s use our brains. last thing Washington needs to be that the Mercury and Air Toxics rule Mr. WAXMAN. I reserve the balance doing is making it more difficult to and the Cross-State Air Pollution Rule of my time. grow the economy. But that seems to would together create nearly 1.5 mil- Mr. WHITFIELD. I yield 4 minutes to be the operating question of this ad- lion jobs over the next 5 years. the gentlelady from Wyoming (Mrs. ministration. The question is this: So let me just say that it’s time for LUMMIS). They ask, how can we make it more the American people to say we want Mrs. LUMMIS. Mr. Chairman, the challenging for America’s job creators good health, that we want good jobs, language in this bill does not prevent to hire? that we want clean air, and that we the EPA from regulating emissions America’s energy sector is under di- want healthy lungs—and we don’t want from coal-fired utilities, and it does rect assault. Energy companies looking the train wreck bill offered by the Re- not prevent the EPA from dealing with to meet the rapidly growing energy publicans. cross-State pollution. The EPA must needs of our Nation are either being Mr. WHITFIELD. Mr. Chairman, I regulate emissions under its current forced to put on hold their efforts or yield 3 minutes to the gentleman from rules. are self-imposing barricades on future Texas (Mr. FARENTHOLD). So let’s focus on the facts as pre- construction or expansion as a result of (Mr. FARENTHOLD asked and was sented by the EPA. new or anticipated regulatory require- given permission to revise and extend Thanks to the Clean Air Interstate ments. his remarks.) Rule, emissions from fossil fuel power It has been reported recently that 351 plants in the lower 48 States were 44 stalled energy projects cost the Nation b 1920 percent below 2005 levels by 2009. $1.1 trillion in GDP and 1.9 million Mr. FARENTHOLD. I rise today in In the past 40 years, our population jobs, yes, jobs. On this list is the Sun- support of the TRAIN Act. has grown 48 percent. Gross domestic flower Electric Power Plant in Hol- Despite what my friends and col- product has increased 209 percent and comb, Kansas. Sunflower Electric is a leagues across the aisle say, we are not coal-fueled electricity has increased by rural co-op that with a needed expan- out to poison America. My children, 184 percent. Yet during that time, sion can provide many new jobs in my wife, I breathe the air and drink emissions from coal-based electricity western Kansas. the water in this country. generation have dropped by 60 percent. Most importantly, this expansion What we are asking for is to look at Despite this success, EPA is still will allow Kansas to have the energy it regulations with a scientific analysis pushing for the most expensive rules needs in order to prevent brownouts, and not an emotional analysis. Do ever imposed on utilities, every single which are a very real possibility and a what every business in this country dime of which isn’t paid by the utili- threat to our part of the country. Not

VerDate Mar 15 2010 05:20 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.088 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6387 only do families, schools, and hospitals done great in relationships with com- swatted it, thousands of bees came depend on this energy production but. panies, whether that be power compa- down on him and began to sting him. So does our agriculture sector, which is nies, utility companies, whether that Those bees kill, not from a single sting, a key and vital component of rural be actual producers, whether it be serv- but from thousands. That’s what our Kansas. ice companies, through the process. It’s utility companies are facing right now. Sunflower faces considerable, unnec- a great model in much of the United It’s not one little regulation; it’s hun- essary, and excessive regulatory scru- States, if you get a chance to come and dreds of them coming at them all at tiny, not only for its existing oper- see what’s going on there. once, and they’re trying to figure out ations but for the planned expansion in But what we’re currently experi- through lawyers and through adding Holcomb as well. Whether it is the encing is this whole sense that if the additional staff and compliance people, cross-State pollution rule, the MACT Federal Government doesn’t come how do we manage all of these regula- rule or many others, each one of these down on Oklahoma and every other tions coming. has a major impact. But the bigger State around the United States, surely This TRAIN Act does a simple thing. problem—and that is what the TRAIN children will die. Surely people will be It begins to pull all of these regula- Act wants to demonstrate—is that thrown out of work because they have tions together and look at them in to- these rules will be devastating and ex- these wonderful compliance jobs re- tality. I understand that you say that’s pensive to America’s energy industry quired by the EPA and other areas. just one little piece, and it’s one little and all Americans. It’s a frustration for me to be able to piece there, but let’s look at them all The President came before this House hear someone stand up in this Chamber together and be able to find out the a few weeks ago and talked about the and say, If those Republicans get what consequences of them. Rather than need for America to improve its infra- they want, 25,000 people will die next have these things coming from every- structure. Power plants in America are year because those mean Republicans where, let’s simplify the structure on the very type of infrastructure that are going to come and shut everyone it. our country needs, particularly when down. I urge this Chamber’s support of get- energy consumption is growing rapidly People should know, I have children ting some common sense back into our in our Nation. These private compa- that live in the State. In fact, I have a regulatory scheme. nies, private companies, are willing to child that has asthma. If you want to Mr. WAXMAN. Mr. Chairman, I yield add to the country’s infrastructure and talk about a dad who loves his children myself such time as I may consume. create jobs, all without the help of the and who wants to see a great future for I want to correct some of the state- Federal Government. In fact, all they them, that’s me as well. It’s not as if ments that have been made. The gen- need is for Washington to take a step Republicans are suddenly wanting tleman from Oklahoma talked about back. dirty air and dirty water; we just want the clean air in his area. That’s fine. A Kansas business leader summed up basic common sense in our regulations. They have attained the standards for this administration’s guilty-until-inno- If every company, whether they be protecting public health. But there are cent approach to regulation. He said, the energy producer or whether they be a lot of other areas where they don’t ‘‘We have a regulatory environment some utility, is constantly looking have that attainment of health-based that assumes businesses are crooks, over their shoulder worried every day standards. and government must catch them at it. that some new restriction is going to Market forces alone will not correct This only raises the costs on business come down on them and change their problems that hurt our public health and makes it more difficult to oper- plan, they can’t function. They can’t and the environment. Why should any ate.’’ go forward. They can’t find investors business spend money to install pollu- I think his analysis says it all. for that business. What they’re doing is tion control devices if they don’t think Mr. WHITFIELD. May I inquire how very capital intensive, and if the rules their competitors are going to do the much time is remaining, Mr. Chair- change constantly and the regulations same thing? So government must es- man? are constantly shifting, no one can tablish some standards so that every- The Acting CHAIR. The gentleman really do investment, and the cost of body knows what the rules are going to from Kentucky has 141⁄2 minutes re- all of our electricity goes up. The cost be and the investments will be made. maining, and the gentleman from Cali- of every product that we buy goes up. Approximately two-thirds of the fornia has 8 minutes remaining. The cost of every bit of our food goes coal-burning power plants in this coun- Mr. WHITFIELD. At this time I up because we’ve added regulations, try have the up-to-date controls in would like to yield 4 minutes to the many of which make no sense. And those power plants. What we’re talking gentleman from Oklahoma (Mr. they spend years and years trying to about for the most part are those third LANKFORD). fight them in the courts just to not be we were told were going to be retired. shut down from doing what is best and But they’re not being retired. They’re b 1930 right for the community. still being used, and they’re still pol- Mr. LANKFORD. Mr. Chairman, let I understand there are bad actors. I luting. And those power plants ought me just mention, I congratulate my do. And those bad actors should suffer to come up to compliance with the re- counterpart from Oklahoma (Mr. SUL- consequences. But to be able to say ductions in their emissions. LIVAN) in bringing this forward and giv- that every energy producer and every One of the other speakers on the ing us a chance to work through this utility out there is suspect and they’ll other side of the aisle said we don’t process. We both come from the beau- never do the right thing unless we have a real economic analysis of all of tiful State of Oklahoma. And I invite stand over them with thousands of reg- these regulations. That’s not true. anyone to be able to come to Oklahoma ulators, I think overlooks the reality There are thousands of pages of eco- and drink our water and breathe our of a great-hearted group of Americans nomic analysis before these regulations air and see the beautiful land, but also scattered around the country who are have been promoted. see a very successful State in dealing doing their best to do the right thing. Another person on the other side said with energy. Now, some would also say that these a lot of these rules are so onerous that We’ve done hydraulic fracking in our regulations aren’t all that large, they should be blocked because we’re State since 1949. And while it may be they’re not all that expensive. They’re going to be threatening the reliability new to other States, it’s not new to just a bunch of small regulations. It re- of the Nation’s electric grid by causing Oklahoma. Over 100,000 times in Okla- minds me of a friend of mine several these old, inefficient power plants to homa we’ve done hydraulic fracking. years ago that was hiking through cen- put modern pollution controls on them. Yet I would invite you again, come tral Africa. And he and a guide were Well, that’s not the testimony that we drink our water, come breathe our air, hiking through and he made the mis- received on September 14, 2011, in the come see our beautiful land. take in this particular area of swatting Energy and Commerce Committee Our State leadership has done a tre- a bee that was one of those killer bees where Federal Energy Regulatory Com- mendous job in dealing with environ- that we hear so much about. And as mission Chairman Jon Wellinghoff mental quality issues, and they have soon as that bee stung him and he took a different position, as did FERC

VerDate Mar 15 2010 05:20 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.090 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6388 CONGRESSIONAL RECORD — HOUSE September 22, 2011 Commissioner John Norris, and former ers, anglers, and the businesses that up-or-down vote because, as much as DOE Assistant Secretary for Policy depend on our wildlife and natural re- we want clean air, we would like jobs. Susan Tierney. A stack of independent sources support EPA efforts to cut They’re not exclusionary. We can do analyses confirmed that these protec- mercury pollution and strongly oppose both. We have the cleanest environ- tions that will require controls on any efforts to weaken the Clean Air ment that anyone has seen in decades these power plants will not threaten Act. in this country, and it is attributed to the reliability of our grid. The Evangelical Environmental Net- the work that past Congresses have And over and over again we’ve heard work opposes these efforts to block the done. But the difference is this, that in unless we adopt this TRAIN Act, we Mercury and Air Toxics rule because today’s environment—well, let’s go are going to lose jobs. Well, the TRAIN they point out that in the developing back. Act blocks and indefinitely delays two brains of fetuses and children, this will Three decades ago, when you wanted of the most important clean air regula- cause learning disabilities and neuro- to clean up 50 percent of the emissions, tions of the past few decades: the Mer- logical problems, and is not something you could make the capital invest- cury and Air Toxics Standards, which that people who claim to be pro-life ments and you could do it. The debate are, again, directed at those power ought to support. now is: How clean is clean? What is the cost benefit analysis and what is the plants that emit toxic air pollutants, b 1940 including mercury and carcinogens; effect on jobs if we get to a limit that and then the other rule is the Cross- The Obama administration opposes you don’t find naturally? State Air Pollution Rule to reduce this TRAIN Act. They threaten to veto What the TRAIN Act basically does power plant emissions that cause pollu- this legislation if it reaches the Presi- is it says, before we promulgate more tion problems in downwind States. dent’s desk. Americans don’t support rules and more regulations, we ought I don’t believe they’re telling us the weakening the Clean Air Act or block- to at least admit the fact that it may facts when they say we’re going to lose ing EPA’s efforts to reduce dangerous affect our competitiveness in our eco- jobs. The truth of the matter is, ac- air pollution from power plants. nomic position. We ought to accept the cording to the Economic Policy Insti- I think, my colleagues, that this premise that if you continue to put tute, they reported in June that the TRAIN Act and some of the amend- more rules and regulations on electric Air Toxics rule would have a positive ments that are going to be added to it generation, that electricity costs are net impact on overall employment, are reason enough to oppose this legis- going to go up. What does that do to creating up to 158,000 jobs between now lation, and I urge opposition to it. the manufacturing sector? I think and 2015. I am going to reserve the balance of that’s what this bill is just asking. If The Political Economy Research In- my time if the gentleman, the chair- we find out these answers and we figure stitute at the University of Massachu- man of the subcommittee, is not ready out that the economic costs outweigh setts released a report showing that to close on the legislation. the environmental benefit, well maybe the utility investments driven by the Mr. WHITFIELD. I was prepared to we better slow down. If we decide the Cross-State Air Pollution Rule and the close, but we do have one other speak- environmental benefits are so great Air Toxics rule would create nearly 1.5 er, and then I will close. He just came that we’re willing to accept the cost, million jobs by 2015. in, and we were not totally aware. then we ought to move forward. But for Moving toward a cleaner, more effi- Mr. WAXMAN. I reserve the balance us not to have this debate is not doing cient power sector will create capital of my time. our job and it is not doing our duty. investments such as installing pollu- Mr. WHITFIELD. At this time, I I am really pleased that we’ve tion controls and constructing new ca- would like to yield 5 minutes to the brought this bill to the floor. We’ve pacity. These new investments create a distinguished gentleman from Illinois had numerous hearings. We’ve gone wide array of skilled, high-paying jobs. (Mr. SHIMKUS), who is a valuable mem- through the legislative process. I ap- And I must say to my Republican ber of the Energy and Commerce Com- preciate Speaker BOEHNER and the friends, if we want to create jobs, let’s mittee and a chairman of one of our openness because we’ve had hearings. pass the President’s jobs bill. I’d like subcommittees. We had a subcommittee mark. We’ve the Republicans not to block every ef- (Mr. SHIMKUS asked and was given had a full committee mark. We’ve had fort by this administration to create permission to revise and extend his re- this debate on amendments to this bill, new jobs in this country. marks.) and now we’re ready to have this de- There are numerous groups that are Mr. SHIMKUS. Mr. Chairman, I do bate on the floor. on record in opposition to the TRAIN apologize to my friend from California The last hearing we had in Chairman Act. Obviously, the public health for coming late and kind of disrupting WHITFIELD’s committee was on the reli- groups are opposing the bill: the Amer- what was planned to be a closing, but ability issue, and I took to task the ican Lung Association, the American this is an important debate, and my chairman of the FERC who, in their Public Health Association, the Amer- colleague from California and I have own analysis, said that if we continue ican Thoracic Society, and the Asthma crossed sabers many times on these to move on this regulatory regime, 80 and Allergy Foundation of America. issues. I don’t question his commit- gigawatts of power is going to go off- The American Public Health Associa- ment to the environment and the regs line. Now, EPA did the analysis, and tion called this ill-conceived legisla- and rules and the like. they said eight. So you’ve got a tenfold tion that would prevent EPA from pro- As he knows, I’m from southern Illi- difference. Well, maybe they’re both tecting the public’s health from dan- nois. I’m from an area that was dev- wrong. Maybe it’s 40 gigawatts. gerous and deadly air pollution. The astated in the jobs issue and during the My friends, 40 gigawatts is a lot of National Association of Clean Air 1992 Clean Air Act, and I’m from an power and will affect the reliability of Agencies, the ones that are doing the area of the country that still is not the electricity grid in this country. We job of protecting our environment, being all it can be based upon the ex- rely on that reliability for a lot of groups that represent millions of cessive rules and regulations that come things. We rely upon it in the manufac- Americans, particularly all of the envi- out of Washington, D.C. turing sector and the manufacturing ronmental groups, oppose this. The TRAIN Act is really a first step facilities, but we also rely upon the re- Scientists have told us—and I know a to help us ask a simple question: liability in the safety of our citizens lot of Republicans deny science—but Shouldn’t we, as an interagency proc- who are in the hospitals and in long- scientists, I think, are to be respected. ess, shouldn’t we at least ask the basic term care who need power to those fa- And they say sacrificing tens of thou- question of what effect is this going to cilities just for their livelihood. sands of Americans’ lives will not cre- have on jobs and what effect will it So if our aggressive environmental ate more jobs. Poisoning the air our have on our competitiveness world- movement takes away 80 gigawatts of children and our families breathe will wide? power, will that affect our electricity not stimulate the economy. It is really a basic debate. It’s a good reliability? I think it will. Three hundred sportsmen organiza- one to have. I applaud the chairman for Thank you, Mr. Chairman, for the tions representing our Nation’s hunt- bringing this to the floor. We need an time.

VerDate Mar 15 2010 05:20 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.092 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6389 The Acting CHAIR. The gentleman agency, including EPA, do an analysis House on the state of the Union, re- from California has 1 minute remain- of cost/benefit of all of these rules. We ported that that Committee, having ing. would also like them to look at what had under consideration the bill (H.R. Mr. WAXMAN. The EPA did an eco- impact does it have on America’s abil- 2401) to require analyses of the cumu- nomic analysis looking at the cost and ity to be competitive in the global lative and incremental impacts of cer- benefits. And on the Cross-State Air marketplace. We’d also like for them tain rules and actions of the Environ- Pollution Rule, they said that the to look at what will be the job loss, net mental Protection Agency, and for costs would be less than a billion, but job loss. We would also like for them to other purposes, had come to no resolu- the benefits would be up to $280 billion look on what impact it’s going to have tion thereon. per year, 150 to 350 times its cost. on electricity prices as well as the reli- f I want the chairman of the sub- ability of electricity. committee to answer a question when And on 12 of those regulations, we do RECESS he closes. I believe the Republicans not stop them in any way; but on two The SPEAKER pro tempore. Pursu- have misrepresented this bill during of them, the ones that are most cost- ant to clause 12(a) of rule I, the Chair the debate, but false information was ly—Utility MACT, and what I refer to declares the House in recess subject to put on their Web site tonight. They as the ‘‘air transport rule’’—we do, in the call of the Chair. claimed hundreds of groups support the this legislation, delay the effective Accordingly (at 7 o’clock and 55 min- TRAIN Act, and immediately two date of those, the implementation of utes p.m.), the House stood in recess groups came forward, and maybe oth- those until 6 months after the report is subject to the call of the Chair. ers will as well, saying that they would due that this legislation requires. never support the TRAIN Act—Clean f Now, in my view, that’s not being un- Water Action Committee and the Clean b 2141 reasonable. Some people think it is be- Air Watch. AFTER RECESS I’d like to know if the information cause it is the first time that Congress that is on the Web site is being checked has ever come to the floor to question The recess having expired, the House for accuracy, because I know that a lot some of the EPA regulations, and I was called to order by the Speaker pro of things that have been said in this de- really think that that’s our responsi- tempore (Mr. BASS of New Hampshire) bate from the other side of the aisle bility. They issue the regulations; but at 9 o’clock and 41 minutes p.m. have not been accurate. if they reach a point where we think f With that, I yield back the balance of they’re being unreasonable, then we CONTINUING APPROPRIATIONS my time. have an obligation to come and let’s Mr. WHITFIELD. Mr. Chairman, I examine these, let’s look at them be- ACT, 2012 yield myself the balance of my time. fore we move totally forward with it. Mr. DREIER, from the Committee on I want to thank the gentleman for Now, Lisa Jackson, when she has Rules, submitted a privileged report the debate today. I was not aware that come before us and testified, she has (Rept. No. 112–215) on the resolution (H. we had sent out a letter of supporters always made the comment that ‘‘I’m Res. 412) providing for consideration of of this legislation, and evidently in creating jobs with these new regula- the Senate amendment to the bill (H.R. that letter there was a letter in opposi- tions.’’ And as I said earlier, she does 2608) to provide for an additional tem- tion that should not have been in create new jobs, but the net effect is porary extension of programs under the there. If that created any hardship for there is a loss of jobs. Now, some of Small Business Act and the Small anyone or problems, we certainly do these rules may be great in areas like Business Investment Act of 1958, and apologize for that. California and New York and the for other purposes, which was referred We should remind ourselves that by Northeast and elsewhere; but in the to the House Calendar and ordered to every public health measure, from in- areas of the country where coal—and, be printed. fant mortality to life expectancy, we by the way, coal still provides 50 per- Mr. DREIER. Mr. Speaker, by direc- are healthier today and are exposed to cent of all the electricity in America. tion of the Committee on Rules, I call fewer hazards than ever before. Our Our electricity demand is going to in- up House Resolution 412 and ask for its present day air is much cleaner now crease significantly in the next 30 immediate consideration. than years ago thanks to EPA, and our years, so we’re going to have to rely on The Clerk read the resolution, as fol- air quality is among the best in the coal. But a lot of these regulations are lows: world. And we recognize the impor- going to put coal miners out of busi- H. RES. 412 tance of EPA. However, when EPA be- ness because they’re going to close comes so aggressive, as this EPA has Resolved, That upon adoption of this reso- some of these coal mines. It’s going to lution it shall be in order to take from the become, and in a very short period of put some coal-fired utilities out of Speaker’s table the bill (H.R. 2608) to provide time they’ve come forward with 14 reg- business because they’re going to close for an additional temporary extension of pro- ulations—and we know that when you these utility plants because the cost is grams under the Small Business Act and the look at cost-benefit analyses, different not going to be worth what they have Small Business Investment Act of 1958, and entities come up with different figures for other purposes, with the Senate amend- on the cost and the benefits. to do to meet these air quality regula- ment thereto, and to consider in the House, We, for example, have come up with tions. without intervention of any point of order, a an analysis on the Utility MACT and Now, on the air quality regulations, motion offered by the chair of the Com- the air transport rule alone saying that the question becomes, if you’re 98 per- mittee on Appropriations or his designee the annualized cost of that will be $17 cent pure already, is it worth this that the House concur in the Senate amend- billion, that industry will have to much money to go 2 percent more? So ment with the amendment printed in part A of the report of the Committee on Rules ac- spend that kind of money to get new that’s the question we come down to, and that’s why we ask for this analysis; companying this resolution modified by the equipment, that the total cost between amendment printed in part B of such report. 2011 and 2030 would be $184 billion. But and I would urge everyone to support The Senate amendment and the motion shall one of the figures that really scares this TRAIN Act legislation. be considered as read. The motion shall be you in this is that they say there will Mr. Chairman, I yield back the bal- debatable for one hour equally divided and be a net loss of 1.4 million jobs. Now, ance of my time. controlled by the chair and ranking minority we know that some jobs will be created The Acting CHAIR. All time for gen- member of the Committee on Appropria- in trying to build this equipment that eral debate has expired. tions. The previous question shall be consid- Mr. WHITFIELD. Mr. Chairman, I ered as ordered on the motion to its adoption these regulations are going to require, without intervening motion. but most of the analyses that we’ve move that the Committee do now rise. seen indicate that there is going to be The motion was agreed to. The SPEAKER pro tempore. The gen- more of a job loss. Accordingly, the Committee rose; tleman from California is recognized and the Speaker pro tempore (Mr. for 1 hour. b 1950 LANKFORD) having assumed the chair, Mr. DREIER. Mr. Speaker, for the All the TRAIN Act is doing is saying Mr. HASTINGS of Washington, Acting purpose of debate only, I yield the cus- let’s have an independent government Chair of the Committee of the Whole tomary 30 minutes to my very good

VerDate Mar 15 2010 05:20 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.093 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6390 CONGRESSIONAL RECORD — HOUSE September 22, 2011 friend from Rochester, New York, the to be before us when we report out this able spending by management almost distinguished ranking minority mem- rule will do just that. as soon as a Federal agency approved a ber of the Committee on Rules, Ms. Mr. Speaker, the measure that we $535 million government-backed loan SLAUGHTER, pending which I yield my- will consider is identical to the meas- for the start-up. self such time as I may consume. ure that we considered in the House ‘‘A new factory built with public All time that I will be yielding and yesterday, the measure that had been money boasted a gleaming conference that my friend from Rochester will be reported out, basically the same pack- room with glass walls that, with the yielding will be for debate purposes age that we had last week. But a bipar- flip of a switch, turned a smoky gray only. tisan request that was made by the to conceal the room’s occupants. Hast- (Mr. DREIER asked and was given Senate majority leader, Mr. REID, and ily purchased state-of-the-art equip- permission to revise and extend his re- the Senate minority leader, Mr. ment ended up being sold for pennies marks.) MCCONNELL, was that we have this pro- on the dollar, still in its plastic wrap, GENERAL LEAVE vision considered as a Senate amend- employees said. Mr. DREIER. Mr. Speaker, I ask ment so that the Senate would be able b 2150 unanimous consent that all Members to move as quickly as possible to en- have 5 legislative days in which to re- sure that our fellow Americans have ‘‘As the $344 million factory went up vise and extend their remarks. the resources that are necessary. And just down the road from the company’s The SPEAKER pro tempore. Is there so that’s why we have ended up with leased plant in Fremont, California, objection to the request of the gen- the same measure that we had yester- workers watched as pallets of unsold tleman from California? day. solar panels stacked up in storage. There was no objection. But, Mr. Speaker, as you and I have Many wondered: Was the factory need- Mr. DREIER. Mr. Speaker, we have discussed in the meeting that we were ed? gone through what James Madison, the just in, there has been a change. There ‘‘ ‘After we got the loan guarantee, author of the Constitution, has de- is a very minor change. It is one single they were just spending money left and scribed as an ugly, messy, difficult paragraph. So of the continuing resolu- right,’ said former Solyndra engineer process. That’s the legislative process. tion that we had, which is $1.043 tril- Lindsey Eastburn. ‘Because we were And while many of us have been frus- lion, exactly what we had yesterday, doing well, nobody cared. Because of trated, it does work at the end of the no change, in full compliance with the that infusion of money, it made people day. 3-day layover requirement that exists sloppy.’ ’’ Mr. Speaker, it has to work. It has to in the House rules—and I will remind Now, Mr. Speaker, we all know that work because our fellow Americans are my colleagues the measure that’s be- our fellow Americans are suffering suffering at this moment. fore us was put online on Monday, 4 across this country because of the tre- I have just been talking to staff days ago, so, again, in full compliance mendous very, very sad disasters that members of the House Appropriations with time to spare to meet the 3-day we have faced over the last weeks and Committee, and we have to get the re- layover, with one amendment. The months, and it is very important for us sources to those people who are suf- amendment reads as follows: to recognize that every taxpayer dollar fering ASAP. As of this morning, there ‘‘At the end of the matter proposed is precious, especially in these times was a grand total of $212 million in the to be inserted by the House amend- when there are people losing jobs, los- Federal Emergency Management Agen- ment, before the short title, insert the ing their homes, and losing their busi- cy’s fund to deal with these disasters following: nesses. that have taken place. Last spring, the ‘‘Section 142. Effective on the date of This is a very sad and tragic example Secretary of Homeland Security, Ms. the enactment of this Act, of the unob- of the kind of waste that is there, and Napolitano, testified that we needed ligated balances remaining available that is why the one very small but im- additional resources. for ‘Department of Energy—Energy portant modification to the measure Now, Mr. Speaker, let’s go back to Programs—Title 17—Innovative Tech- that is before us will be to take $100 last spring and realize that was before nology Loan Guarantee Program’ pur- million and use that additionally as an we had hurricanes. It was before we suant to title IV of division A of Public offset to ensure that the hard-earned had floods. It was before we had torna- Law 111–5, $100,000,000 is rescinded.’’ dollars of the American people are not does that hit the Midwest. Think of That is the only change that has been wasted in the way that we have seen. those poor people in Joplin, Missouri, made. Let me tell you why that change So, Mr. Speaker, I urge my col- all those homes and lives that were was made, Mr. Speaker, and I don’t leagues to support this rule, and with lost. And it was before we had this often read The Washington Post on the that, I reserve the balance of my time. earthquake that, as we all know, dam- House floor, but today’s Washington Ms. SLAUGHTER. I thank my col- aged the Washington Monument right Post has an article that explains what league for yielding me the customary down the street from where we are. it is that led us to call for using the 30 minutes, and I yield myself such Mr. Speaker, it’s very important that $100 million that I just mentioned as an time as I may consume. we get those resources there, with only offset. Mr. Speaker, my speech today will be $212 million as of this morning. With I recognize, as one of my colleagues very much like my speech yesterday, expenditures somewhere in the neigh- in the Rules Committee stated earlier, but then so is the bill. Yesterday the borhood of 30-plus million dollars each we know that this company known as House on both sides of the aisle de- day, it means as early as Monday of Solyndra, which Democrats and Repub- feated the majority’s first attempt to next week we could end up with noth- licans alike recognize has been an ab- pass a continuing resolution. And here ing, nothing for those people who are ject failure for this energy program, is we are 24 hours later with the very suffering. one that will not get resources because same bill. Let me repeat, the bill we’re Mr. Speaker, we don’t want the gov- they have gone bankrupt. debating today is barely changed from ernment to shut down. We want to But let me just tell you what led to the one that was defeated yesterday. make sure that the people who are us focusing on this $100 million, Mr. The bill still contains unacceptable truly in need are able to have the re- Speaker, to ensure that we never again cuts to an essential manufacturing jobs sources necessary. But at the same have another boondoggle like program to pay for equally essential time, we recognize that we have a $14.5 Solyndra. This is, again, today’s Wash- disaster relief. trillion national debt. We have massive ington Post, in an article entitled, Homes have been destroyed. Roads deficits that are before us, and we need ‘‘Solyndra’s Ex-Employees Tell of High have collapsed, and local economies to do everything that we can to do Spending, Factory Woes.’’ It reads as have been disrupted by a seemingly what people across this country are follows: endless stream of hurricanes, torna- saying needs to be done—we need to ‘‘Former employees of Solyndra, the does, tropical storms, and extreme create jobs. We need to generate an in- shuttered solar company that ex- weather that has crisscrossed our land. crease in our gross domestic product hausted half a billion dollars of tax- Our moral compass makes it very growth, and the measure that is going payer money, said they saw question- clear. We know what we need to do. We

VerDate Mar 15 2010 06:16 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.102 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6391 must come to the aid of our fellow But Mr. McConnell, of Kentucky, is one of I reserve the balance of my time. Americans who need our help. The several prominent Republicans who have Mr. DREIER. Mr. Speaker, I yield problems they are facing are monu- worked to steer federal money to clean-en- myself such time as I might consume mental, and quite simply, no one can ergy projects in their home states, Energy to simply say when Ms. PELOSI was Department documents show. recover from such natural disasters on Mr. McConnell made two personal appeals Speaker of the House of Representa- their own. They need our help. in 2009, asking Energy Secretary Steven Chu tives, my friend from Rochester Yet the majority’s efforts to hold dis- to approve as much as $235 million in federal chaired the Rules Committee. The dis- aster relief hostage to unacceptable loans for a plant to build electric vehicles in aster relief provided in the response to cuts is as unwise today as it was 24 Franklin, Ky. Hurricane Katrina was partially offset. hours ago. ‘‘I hope you will realize the importance of This is not in any way unprecedented. As I said yesterday, when it comes to such job creation to Kentucky,’’ Mr. McCon- It’s the right thing to do. nell said in a July 2009 memo supporting an spending billions of dollars on two wars I urge my colleagues to support the application from Zap Motor Manufacturing. rule, and with that, I reserve the bal- that are bankrupting us, the majority’s Federal lobbying disclosure records show concern for spending is nowhere to be that Mr. McConnell’s support for the project ance of my time. found. Since 2004, American taxpayers came after Zap Motor hired a Kentucky- Ms. SLAUGHTER. I yield 3 minutes have spent over $3.4 billion as emer- based lobbyist, Robert Babbage, who has to the gentleman from Massachusetts gency spending on infrastructure in Af- been a frequent contributor to Mr. McCon- (Mr. MCGOVERN), a member of the Com- ghanistan, and even more in Iraq. Not nell’s campaigns and boasts on his own mittee on Rules. Internet site about his close ties to Mr. Mr. MCGOVERN. Mr. Speaker, this a single one of these $3.4 billion was McConnell. House is badly broken. This Republican offset, but were paid for by the same Mr. Babbage declined to comment on the leadership is out of touch. This process taxpayers that are being denied tax- project. Gary Dodd, chief executive of Zap is a disgrace. This is not the way the payer money now. While we send bil- Motor, said the intervention by Mr. McCon- people’s business is supposed to work. lions of dollars to Iraq, the Iraqi gov- nell came after the company asked him to We are now debating a continuing reso- ernment has begun building. They an- push the Energy Department to approve the loan. lution that has the same objectionable nounced today a high-speed rail system provisions that were rejected yesterday to connect Basra to Baghdad. That’s Mr. McConnell’s office, in a statement, de- fended his actions, saying, ‘‘There was no ef- on a bipartisan basis. Plus it has addi- the same week that the majority in fort to push the administration to short-cir- tional provisions that cut jobs. It’s this House took all of the high-speed cuit its due diligence simply to plan a rib- even worse. rail away from the United States. And bon-cutting.’’ So here’s the deal: what’s objection- so we will be paying for 280 miles in Mr. McConnell’s high-level advocacy took able to people like me is my Repub- Iraq, but we can’t pay for it from Buf- place despite early struggles for the project, including the financial collapse in 2008 of its lican friends continue to insist on cut- falo to Albany. ting programs that will result in the When it comes to Americans in need, first Kentucky business partner, Integrity Manufacturing. Mr. McConnell made no elimination of American jobs. Their when it comes to helping women, chil- mention of these stumbles as he pushed for view is simple. If you want to help vic- dren, and families whose homes have federal money, simply saying Zap Motor tims of tornadoes and hurricanes, then been washed away, the majority has might create as many as 4,000 jobs in his we have to pay for it, and we pay for it, decided they just can’t help unless they state. in their view, by cutting jobs—not tax get to take the money from a program Recently, he has joined with other Repub- cuts for millionaires; not subsidies for that has created 39,000 jobs and is licans in criticizing a March 2009 decision by Big Oil; not cutting incentives that en- the Obama administration to provide a $535 poised to create 60,000 more. courage sending American jobs over- The bill was wrong yesterday, and million government-backed loan to a Cali- fornia solar-panel manufacturer, Solyndra, seas. What they’re advocating is cut- it’s wrong today. which recently filed for bankruptcy and is ting American jobs. Let me just give you some informa- now the subject of inquiries by the F.B.I. and Mr. Speaker, the Republican leader- tion from, I believe, The New York Congress. ship, in my opinion, doesn’t have a Times. The headline says, ‘‘Repub- ‘‘The White House fast-tracked a half-bil- clue. They are obsessed with cutting licans Sought Clean-Energy Money for lion-dollar loan to a politically connected government at all costs, including pro- Home States.’’ Senator MCCONNELL energy firm,’’ Mr. McConnell said Thursday grams that help sustain American jobs, asked for $235 million for an electric in remarks on the Senate floor. ‘‘This place including programs that help prevent was supposed to be the poster child of how vehicle plant in Kentucky; Representa- the original stimulus would create jobs.’’ the elimination of American jobs. And tive LAMAR SMITH asked for stimulus Another Republican, Representative here’s the deal. The issue is jobs. They money for a solar plant in Texas; Con- Lamar Smith of Texas, recently asked Attor- may not want to hear it, but the cen- gressman wanted five ney General Eric H. Holder Jr. to appoint an tral issue before our country is jobs. I clean energy projects in Michigan; outside investigator to determine how the don’t care where you go in this coun- Representative CLIFF STEARNS asked Department of Energy distributes clean-en- try, what people want to talk about is for a lithium ion battery manufac- ergy money. But in 2009, Mr. Smith wrote to jobs and the creation of jobs as a way turing plant in Florida. These requests Mr. Chu asking him to approve loan guaran- to secure our economy. What we should tees from stimulus money for a Texas for funding came from the very same project proposed by Tessera Solar, docu- be talking about on the House floor to- program that has been discussed being ments show. night is jobs. What we should be talk- cut these last 2 days. Representative Fred Upton, Republican of ing about on the House floor tomorrow I urge all of my colleagues on both Michigan and another critic of the Energy is jobs. What we should be talking sides of the aisle to stand by your be- Department program, signed letters along about every day until the American liefs. If you thought the bill was wrong with other members of the Michigan delega- people are back to work is jobs. yesterday, there is no reason to think tion in 2009 and 2010, pushing at least five Instead, under this Republican lead- clean-energy projects in his state, including the bill is better today; virtually noth- ership, we’re debating trivial issues a $207 million loan request from EcoMotors passionately and important ones not at ing has changed. International. And Representative Cliff I urge my colleagues to oppose this Stearns, Republican of Florida, praised the all. I urge my colleagues on the other rule and this flawed bill. opening last year of a lithium-ion battery side of the aisle to, at a minimum, [From the New York Times, Sept. 19, 2011] manufacturing plant in his state, which re- allow Democrats to bring up the Presi- lied upon an Energy Department grant. dent’s jobs bill so we can put people REPUBLICANS SOUGHT CLEAN-ENERGY MONEY Mr. Smith, along with the others, defended FOR HOME STATES back to work. their actions, saying lawmakers can be crit- The best way to reduce the debt in (By Eric Lipton) ical of the Energy Department programs this country is to put people back to WASHINGTON.—On the Senate floor and the while still seeking money. work. Even a slight drop in the unem- television airwaves, Senator Mitch McCon- ‘‘I wanted to support Texas companies in nell has lambasted the Obama administra- their applications for grants,’’ Mr. Smith ployment rate in this country would tion over what he has described as its failed said in a statement. ‘‘It is the responsibility result in an incredible reduction in our efforts to stimulate new jobs through clean- of the Obama administration to carry out debt. energy projects backed with billions of dol- the necessary financial reviews of these pro- So I urge my colleagues to reject this lars in federal loans or other assistance. posals.’’ continuing resolution because it is

VerDate Mar 15 2010 05:20 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.103 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6392 CONGRESSIONAL RECORD — HOUSE September 22, 2011 about eliminating jobs. It’s not about clean cars. Today, it’s solar energy, again, never again another Solyndra. creating more jobs; it’s about elimi- wind energy and all renewables. To- That’s the reason that we have focused nating jobs. Reject this continuing res- night, they take out the full assault at- on the $100 million as an offset in this olution because it plays politics with tack. measure, Mr. Speaker. the lives of American citizens who have But a word of warning. Up to a dozen I think it’s also very important to been victimized by natural disasters. projects are prepared to receive the note this morning when I woke up I I urge the Republican leadership to, green light in the next week. Swooping heard the news that General Motors is at least in this one instance, try to be in and destroying this program now now in the midst of an international bipartisan. We talk about an open will destroy these projects and destroy partnership in the People’s Republic of House. We talk about bipartisanship. the thousands of jobs that will come China to deal with the development of Here’s an opportunity for us to be bi- with them. So before you vote for this electric vehicles. These are the kinds partisan. Let’s work together on behalf bill, check and see if your State is one of things that the private marketplace of the American people. Let’s get this of the 38 that has received support is pursuing. I live in Los Angeles, Cali- bill right, and let’s focus on jobs. under this program. Check and see if fornia, where we have very serious air That’s what the American people want. your State is one of the 12 that could quality problems, and we just got the This bill falls far short of that. have a new project announced next news today that Washington, D.C. is Mr. DREIER. Mr. Speaker, I yield week. Make sure that the 66,000 people number six in the Nation when it myself such time as I may consume to that have jobs today as a result of this comes to air quality problems. We tell my friend from Worcester that program are not from your State. By want to make sure that we have en- clearly jobs is the priority that we are the way, those 66,000 jobs created ergy-efficient automobiles. We are de- focused on. I appreciate very much and through this program are far more termined to do that. We need to make would like to associate myself with his than any jobs created through legisla- sure, we need to make sure that those remarks when he talked about the need tion passed out in the first 9 months companies that are out there pursuing for us to focus on job creation and eco- that the Republicans have controlled these kinds of alternatives that, frank- nomic growth. And I know I’m speak- the United States House of Representa- ly, in most all cases are free, are free of ing for everyone, everyone on our side tives. government grants, are able to succeed of the aisle, when we say we want to So our planet is warming and ex- with that; and that’s why we have pro- work in a bipartisan way to ensure treme weather is increasing; 100-year ceeded with that. that we can get our economy growing floods and droughts are now striking If my friend would like me to yield, and so that the American people who every few years. Hurricanes have I’m happy to yield to him. Mr. MARKEY. I thank the gen- are hurting will be able to have job op- caused floods, massive power outages, tleman. I’m glad you brought out the portunities. and deaths. Texas has been on fire after General Motors deal because the Gen- With that, I reserve the balance of having the hottest summer ever re- eral Motors deal is only possible be- my time. corded. The President has issued dis- cause of the grants and the loans that aster relief declarations in 48 States so b 2200 have been given for the batteries and far this year. Eighty-three major disas- for the new technologies under these Ms. SLAUGHTER. Mr. Speaker, I ters declared in 2011, the all-time programs that are now making it pos- yield 5 minutes to the gentleman from record; 3 more months to go this year. Massachusetts (Mr. MARKEY), the dis- sible for General Motors to reinvent. Wake up. Wake up. You can’t kill these Mr. DREIER. If I could reclaim my tinguished ranking member of the programs. This is the solution you are Committee on Natural Resources. This time, Mr. Speaker, let me say to my killing. friend that obviously we have seen the combines a speech he would have made Republicans say, fine, we’ll provide General Motors deal proceed. The fact yesterday with one he’s going to do emergency relief for those who have this evening. of the matter is it’s not solely because been afflicted by nature’s wrath in an of that that we are seeing this kind of Mr. MARKEY. I thank the gentle- ever-warming planet, but we won’t do lady. partnership. But, Mr. Speaker, we are it unless we can cut the funds for the seeing the private sector proceed with Write today’s date down, September programs that promise to be the solu- 22, 2011. The Republicans are now in a policy that I believe very strongly in, tion to the problem. That’s what and that policy is being pro-environ- open warfare against clean energy. they’re proposing here tonight. Yesterday was an opening salvo, but ment and is, in fact, pro-business. Does the majority ask if we can save With that, I reserve the balance of today is the declaration of war. money by cutting the hundreds of bil- my time. They’ve already gutted clean energy lions of dollars we are planning on Ms. SLAUGHTER. Mr. Speaker, I am research and development budgets by spending, the Republicans are planning going to yield myself 1 minute to re- 40 percent for next year. Their budget on spending on new nuclear weapons spond to the General Motors-China for the next 3 years promises to cut being constructed over the next 10 issue. those investments by 90 percent. years when we don’t need any more nu- Earlier this week, The New York They’ve zeroed out loan guarantee pro- clear weapons? No. Can we cut the tens Times had a wonderful article in the grams for all renewable energy in their of billions of dollars in taxpayer sub- business section that the Chinese were budget while leaving intact $25 billion sidies we pay to Big Oil and King Coal? subsidizing electric cars to the tune of for the nuclear industry. They’re pre- Of course not. But wind, solar, clean $19,000 which all of us know is against pared to shut down the government cars, all-electric vehicles and plug-in every trade law the world has ever rather than rescind one penny of the hybrids, oh, yeah, let’s cut that pro- seen. But they were going to sell the oil and gas industry’s $41 billion in tax gram tonight to fund disaster relief for Volt, and GM announced—they actu- subsidies. But clean energy sector gets people in this country suffering from ally told them that in order to sell the the hammer. weather, from floods, from hurricanes, Volt at all in China they had to give Yesterday, in a gratuitous assist to and from tornadoes caused by an ever- over all of their technology and all the Big Oil, Republicans tried to kill the changing climate. information they had on how to build Clean Car Factory Fund in order to pay This bill is an embarrassment. This that car. I thought they weren’t going for natural disaster relief. This is the is not worthy of this Congress. Vote to do it, but I also read yesterday that program that is helping American com- ‘‘no’’ on this latest Republican assault now they’ve got a brand-new Chinese panies manufacture superefficient ve- plan to kill the clean energy industry partner, and they’re giving them all hicles that reduce our dangerous de- in this country on behalf of the Big Oil the technology. I’ve got some legisla- pendence on foreign oil from OPEC. and Big Coal industries. tion to bring into that, Mr. Speaker. I But, apparently, that bill wasn’t rad- Mr. DREIER. Mr. Speaker, I yield think it’s outrageous that that’s ical enough for the Tea Party base. So myself such time as I might consume what’s happening to American manu- tonight, they come back and they’re to say to my friend that there have facturers. launching their full-frontal assault on been 1,100 jobs lost at Solyndra. We I would like to now yield 3 minutes clean energy. Yesterday, it was just want to make sure that there is never to the gentleman from Michigan who

VerDate Mar 15 2010 05:38 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.104 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6393 knows a thing about General Motors, tion program and invest in strategic sold to Americans. So if we let this bill the distinguished ranking member of national interests, the current political pass, we are waving the white flag of the Committee on Ways and Means, environment is creating strong pres- surrender on the next generation of ve- Mr. LEVIN. sure to pull back from such efforts.’’ hicles. (Mr. LEVIN asked and was given per- That’s exactly what you’re doing Now, they say, well, we have to do mission to revise and extend his re- today. This bill is dangerous mindless- this because we have to provide dis- marks.) ness. aster relief. I think there is unanimity Mr. LEVIN. Well, here we go again. Mr. DREIER. Mr. Speaker, I yield in this Chamber that the victims of You tried to cut jobs last night. You myself such time as I might consume floods and hurricanes and other crises lost. Now, you’re trying it again. When to simply remind my colleagues why it deserve help, but the artificial excuse Americans need jobs, the Republicans is that we’re here. that’s being used here is, well, we have are pushing an anti-jobs bill. Here’s We’re faced with the prospect of a to pay for the help. what the NAM said about this program government shutdown. There was a I have a suggestion. We’re going to that you want to curtail: ‘‘The ATVM grand total as of this morning of $212 spend in the next 10 days in Iraq and program is an example of what govern- million in the fund to deal with our fel- Afghanistan what it would cost to deal ment-industry partnerships can accom- low Americans who are suffering be- with this disaster relief. How about plish. It has helped create and preserve cause of disasters that we’ve gone that? Instead of crushing American thousands of auto sector jobs. The through over the past several weeks jobs here at home, why don’t we do the NAM believes defunding ATVM will and months, and we want to make sure intelligent thing and say to the Iraqis hurt manufacturers and their employ- that the appropriations process, which and the Afghans, it’s time they ran ees.’’ has been dumped on us, is able to be their own country with their own So you listen to nobody except your addressed in a bipartisan way. I want money. How about that for an offset? empty rhetoric and, I think, dangerous Democrats and Republicans alike to We should never have to choose be- action. If that wasn’t enough, here’s come together to address this. tween employing our neighbors and ig- what the Chamber of Commerce said: The $100 million additional offset, the noring our needs. The right vote here is ‘‘no.’’ Let’s ‘‘The ATVM program promotes manu- only minor modification that has been bring back to the floor tomorrow a facturing in the U.S. and is an impor- made, is to ensure that we don’t have— plan that both sides can support that tant component of America’s energy and I know Democrats and Republicans keeps Americans working, puts Ameri- security.’’ alike agree on this—we don’t want to have another Solyndra. And that’s cans back to work, and solves this dis- b 2210 what we believe we can do. aster problem. Vote ‘‘no,’’ and then So yesterday, the chairman of the With that, I reserve the balance of let’s fix the problem. Mr. DREIER. Mr. Speaker, I yield Appropriations Committee, we sent my time. him a letter citing his reference to the Ms. SLAUGHTER. Mr. Speaker, I am myself such time as I might consume ATVM loan program as a ‘‘government pleased to yield 3 minutes to the gen- to simply say that job creation and economic growth is what we are all subsidy for failing industries.’’ GM fail- tleman from New Jersey (Mr. AN- about. The deal about which my friend ing? Chrysler failing? Ford failing? DREWS). How misguided. (Mr. ANDREWS asked and was given just referred is one which is part of the Well, now you’re on your rampage to permission to revise and extend his re- global marketplace. The goal of having kill jobs and you’ve proposed to cut an- marks.) U.S. manufacturers, U.S. workers man- other program, section 1705, the loan Mr. ANDREWS. I thank my friend for ufacturing automobiles for sale in program to help investments in new yielding. China and vice versa is our priority. With that, I would like to yield 2 energy technology. This is a dangerous Tomorrow will be yet another Friday minutes to my friend from precedent. It’s also, let’s be frank, a without a paycheck for too many Lawrenceville, Georgia (Mr. WOODALL). dangerous smokescreen so some Repub- Americans. For many Americans, this Mr. WOODALL. I thank my chairman licans can change their votes. That’s may be the week that their unemploy- for yielding and I appreciate the time what this is all about. ment benefits finally run out and they because, as we talk about the Presi- Well, you don’t want to listen to have no income left whatsoever. For dent’s jobs bill, I was here, too, when Warren Buffett on taxes, and now many Americans, this might be the the President came to present his you’re thumbing your vote at Bill last weekend they spend in their home ideas, and it kind of excited me. Be- Gates. They issued a report yester- because the eviction notice or the fore- cause, as I looked at where the Presi- day—Bill Gates and a number of other closure process comes due next week. dent began on some of these jobs issues technology leaders—and I quote from There has been a natural disaster this and I looked at what has been proposed the report about energy programs like summer in America, but there has been in this House already on these jobs what you’re trying to cut: an economic disaster in America for a issues, I realized exactly how much ‘‘If the U.S. fails to invent new tech- very long time. progress we were able to make. nologies and create new markets and Fifteen days ago, the President of the I think about the President’s pro- new jobs that will drive the trans- United States came to this Chamber posal to eliminate oil company sub- formation and revitalization of the $5 and in good faith laid out a plan to put sidies, a proposal that I support. In trillion global energy industry, we will Americans back to work. In those 15 fact, I have a bill that not just elimi- have lost an opportunity to lead in days, this majority has had no hear- nates oil company subsidies, but all in- what is arguably the largest and most ings, no discussions, and no votes on dustrial subsidies so that we can let pervasive technology sector in the the President’s plan to put the country the free market drive that train and world. However, if the U.S. successfully back to work. Until today, it was accu- create those jobs anew. innovates in clean energy, our country rate to say they had done nothing I think about the President’s pro- stands to reap enormous benefits.’’ about the job situation in America. posal to curtail the payroll tax and I The SPEAKER pro tempore. The Today, they’ve done something. They think, we already have a proposal that time of the gentleman has expired. put forward a bill that destroys a pro- not only curtails the payroll tax to the Ms. SLAUGHTER. I yield the gen- gram that has created 39,000 jobs in the small degree the President rec- tleman 1 additional minute. private sector. ommends, but actually, since it’s the Mr. LEVIN. It goes on: My friend from California talked largest tax that 80 percent of American ‘‘Unfortunately, the country has yet about the new deal that GM may strike taxpayers pay, eliminate it entirely. to embark on a clean energy innova- to build the new generation of cars in Mr. LEVIN. Will the gentleman tion program commensurate with the China. With all due respect, that’s the yield? scale of national priorities that are at point. The purpose of this program is Mr. WOODALL. I’m limited to only 2 stake. In fact’’—and I interpolate here to make sure that the next generation minutes. If my friend from New York this is what you’re doing—‘‘rather than of cars is built by Americans and sold would like to yield me time, I would be improve the country’s energy innova- to Chinese, not built by Chinese and happy to yield that back.

VerDate Mar 15 2010 06:16 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.106 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6394 CONGRESSIONAL RECORD — HOUSE September 22, 2011 But I just want to say, as my friend ness that creates jobs will get a tax wildfires, Europe and China are work- from the Ways and Means Committee cut. ing overtime to outcompete us on knows, not only do we have that pro- Will you vote for that? every front. posal introduced here—it’s H.R. 25, the Mr. WOODALL. If he wants to reduce President Obama and the Democratic Fair Tax. We’ve had hearings on it in the highest corporate tax rate in the Party have a plan for keeping the U.S. the Ways and Means Committee. So I world, I am a huge supporter of that. competitive on the global stage. We say to my friend from New Jersey, we Mr. ANDREWS. Reclaiming my time, have a plan for keeping American busi- are moving forward on those agendas. is that a yes or a no on that idea? nesses, workers, and industries strong- But let me just talk about why we’re Mr. WOODALL. I will vote for any re- er and better than our foreign competi- here tonight. duction in corporate rates that the tors. Mr. ANDREWS. Will the gentleman President proposes. It’s Democrats who got engaged and yield? Mr. ANDREWS. Reclaiming my time, saved GM and Chrysler. It’s Democrats Mr. WOODALL. If I could get some does the gentleman favor the provision who created the Advanced Technology time from my friend from New York, I that says we should put teachers who Vehicle Manufacturing loan program, a would love to yield to agree with you. have been laid off back in the class- program that has created almost 40,000 I wanted to tell you how much I believe room? auto manufacturing jobs in less than 2 we’re headed on the same track. Mr. WOODALL. I absolutely do, and years. And it’s Democrats who have led But let me talk about this con- with State and local funds we’re doing the way on green energy. tinuing resolution because that’s really that today. I hope we’ll continue to do By contrast, the GOP agenda can be why we’re here, despite the fact that that. summed up in one word: ‘‘roadblock.’’ folks bring up where we are in the Mr. ANDREWS. Reclaiming my time, Not road building, roadblock. President’s jobs bill. This is about get- would the gentleman agree, though, we Republicans aren’t focused on pro- ting disaster relief to families that should use some Federal funds for that ducing jobs. They oppose trying to put need it. And we could have gotten it purpose? Detroit back on its feet. They are op- done yesterday—and should have got- Mr. WOODALL. I do not believe the posed to bringing President Obama’s ten it done yesterday. And even though Federal Government should be in- bills to the floor. And in the very bill I’m new at this process, I actually volved in education. we are debating right now, they are thought we had an agreement to get it Mr. ANDREWS. I disagree. making cuts to the very manufacturing done yesterday. I thought we had an Mr. WOODALL. I thank my friend for program I just cited as a job creator. agreement because it was the right yielding. My colleagues, there are Americans thing to do to get it done yesterday. Mr. DREIER. Mr. Speaker, I am pre- across the country who are hurting. Now, only folks who are more privy pared to close on our side. If my friend They’ve lost jobs, been foreclosed upon, than I know why that agreement came is prepared to close, then we can close and have endured extreme natural dis- unglued and why it was we didn’t get it the debate here and move to a vote on asters of all kinds. They cannot accept done, but we’re back here tonight and the rule, and then move directly to a Congress that isn’t willing to put we have that opportunity. Please, consideration of the appropriations them first. They cannot accept a Con- please, let’s get it done for those folks bill, so that the American people will gress that insists upon offsets for aid who need it. The time for games has be closer to getting resources they des- to rebuild America, but not for aid to long since passed. perately need. rebuild schools, hospitals, and roads in b 2220 Ms. SLAUGHTER. I am expecting an- Iraq and Afghanistan. They cannot ac- other speaker who is not yet on the cept a Congress that holds more hear- Ms. SLAUGHTER. Before I yield to floor. ings on the failure of one company, but my friend from New Jersey, let me re- My speaker has arrived, Mr. CROWLEY not one hearing on a job plan for Amer- spond to my friend from Georgia. Don’t of New York, and I will yield him 3 ica. I’m sorry, but this is not accept- forget that 48 on your side voted minutes. able. against it. I don’t know what agree- Mr. CROWLEY. Mr. Speaker, I rise in Vote ‘‘no’’ on this bill and reject the ment you had with them. opposition to this bill. I’m not opposed GOP’s roadblock agenda. I now yield 11⁄2 minutes to the gen- to keeping our government up and run- Mr. DREIER. I am prepared to close tleman from New Jersey (Mr. AN- ning. In fact, I want desperately to sup- the debate on our side. DREWS). port a bill as simple as keeping the Mr. ANDREWS. I did want to ask my I reserve the balance of my time for Federal Government up and running. friend from Georgia a question, Mr. that purpose. What I’m imposed to is, I believe, Ms. SLAUGHTER. Mr. Speaker, I Speaker, if I might. He says he’s on the ugly, out-right partisan politics, espe- yield 1 minute to the gentlelady from right track. Will the gentleman agree that we cially at a time when Americans want Ohio (Ms. KAPTUR). should have an up/down vote on the to work constructively together to ad- Ms. KAPTUR. I thank the ranking President’s jobs plan on this floor? dress the serious problems that we’re member, Ms. SLAUGHTER of New York, Mr. WOODALL. I actually don’t like all facing. But bipartisanship is not at for granting me this time to say, at those kind of long, complicated bills, I work here tonight, and it has not been first, I really didn’t believe it when would say to my friend. But should we here for some time. someone suggested to me that the Re- vote on his ideas, one idea at a time— Since President Obama announced publican Party would really like to de- I say that regularly. Had we voted on the American Jobs Act, my colleagues feat President Obama by raising the the President’s health care bill one on the other side have held zero hear- unemployment rate. I thought, that’s idea at a time, America would have ings, not a single hearing on that plan. too cynical to really believe. loved 80 percent of it. Since Solyndra announced it was But in this particular proposal to- Mr. ANDREWS. Reclaiming my time, going out of business, the majority has night, what we see is a proposal by the is that a yes or a no? held three hearings, and there are more Republican Party to take money from Mr. WOODALL. That’s a let’s vote on scheduled to come. Let’s be clear. We the Advanced Technology Vehicle Man- it one idea at a time, not just his ideas, should get all the answers, every an- ufacturing program to help America but all of our ideas. swer about Solyndra’s failings. But I’m compete in the auto industry with Mr. ANDREWS. Reclaiming my time, sorry. That is not a comprehensive state-managed economies like China’s will the gentleman vote for the Presi- agenda that will produce one single and Japan’s, and take it away from re- dent’s tax cuts for small businesses job. covering auto firms and unemployed that create jobs if they hire someone? Time is ticking because, while we auto workers to give to disaster vic- Mr. WOODALL. The tax proposal I’m stand here tonight quibbling about how tims around this country. familiar with is his $1.5 trillion tax in- to pay for the day-to-day functions of It’s a no-win game. We’re hurting the crease. Is there a different—— government, and how best to assist American people. We take from one Mr. ANDREWS. Reclaiming my time, American communities hurting after sector that is suffering for another sec- the President’s plan was a small busi- hurricanes, flooding, droughts, and tor that is suffering? In the greatest

VerDate Mar 15 2010 05:38 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.109 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6395 automotive manufacturing country in We have an initiative that has passed tor jobs and put our Nation on a path the world, we don’t want to put more the House in overwhelming numbers, towards greater energy security. The people back to work because we want 314–100; 314–100 it passed the House NAM believes defunding ATVM will to defeat the President next year? after coming back from the Senate. hurt manufacturers and their employ- I’m starting to believe those that Yesterday, there was an attempt ees.’’ suggested this cynical ploy. Why made to use the funds allocated to the I will submit the rest of the letters should we hurt the automotive indus- Advanced Technology Vehicle Manu- for the RECORD so Members can read try that is just beginning to hire back facturing program to offset the dis- further for themselves in the CONGRES- and starting to lift this economy in the aster assistance. I myself believe it is a SIONAL RECORD; and for all who view industrial Midwest and through hiring matter of principle that we should just the work of Congress, they can see the at parts suppliers coast to coast? do with disaster assistance what we al- importance of these initiatives, first by Vote ‘‘no’’ on this cynical ploy to set ways have done, have no doubt in any- the strong bipartisan support that they disaster victims against unemployed one’s mind that when a disaster, a nat- received in a Democratically con- auto workers in the automotive indus- ural disaster strikes, the Federal Gov- trolled Congress but signed by a Repub- try of this country, which has a right ernment will be there, FEMA will be lican President, President Bush, a very to compete. If you want to offset $1.5 funded, and that we don’t have to look major accomplishment, I think he be- billion in costs of disaster assistance, around for a place to say, let’s lieves. take it from the bonuses Wall Street prioritize. No, the disaster assistance is The second point, though, is that, titans keep pocketing. For them, it’s our priority. again, American people are looking for only pocket change. ways for us to create jobs. The Repub- b 2230 Ms. SLAUGHTER. Mr. Speaker, I am licans have been in power in this Con- pleased to yield 1 minute to the gentle- But on top of that, they use as a pay- gress in this House of Representatives woman from California, our Democrat for, again, zeroing out the Advanced for over 250 days. They have not passed leader, Ms. PELOSI. Technology Vehicle Manufacturing. I one bill into law which is a job creator; Ms. PELOSI. I thank the gentlelady don’t want you to take my words for and today, they come back to the floor for yielding, and I commend her for her the merit of this initiative. I want to a second day in a row with a job de- enormous leadership, patience, and quote for the record the letter from the stroyer. The repetition of it is almost great intellect that she brings to bear United States of America Chamber of frivolous when you think that what we on these issues. Commerce and the letter from the Na- could be talking about here is a clean Mr. Speaker, listening to the debate, tional Association of Manufacturers. CR, a clean continuing resolution that it’s really almost hard to explain to First from the Chamber of Com- will meet our needs to November 18. someone why we’re coming back to- merce: I thank Chairman DICKS for his lead- night with the same old, same old ‘‘As Congress sets spending prior- ership on this important issue, Mr. warmed-over stew that was rejected ities, the Chamber wishes to highlight LEVIN, certainly Mr. DINGELL, who was yesterday by the Congress of the a few important facts about the Ad- a champion of this initiative from day United States. But since then we’ve vanced Technology Vehicle Manufac- one and a leader in the fight to pre- had some support expressed for the ini- turing loan program. First, the pro- serve it here. tiative that is contained in this bill gram was authorized in the Energy It could just have been so simple. and against the notion that our Repub- Independence and Security Act of 2007, Let’s just keep government open until lican colleagues have that it’s a good which was supported by both Repub- November 18 with a clean continuing idea to use this as a pay-for. licans and Democrats as an important resolution instead of coming to the I take particular pride in this provi- step in reducing America’s dependence floor and for the first time. sion that the Republicans are trying to on oil from unstable regimes. Second, Now my colleagues will say, Well, zero out in this bill, the Advanced ATVM loans, which will be repaid with we’ve had other emergencies that were Technology Vehicle Manufacturing interest, incentivize automakers and funded. I’m not talking about emer- program. suppliers to build more fuel-efficient gencies. There are many emergencies. You will recall, Mr. DREIER, that it advanced technology vehicles in the I’m talking about disasters. I’m talk- was part of a bill that was passed when U.S., providing new opportunities for ing about natural disasters when peo- President Bush was President. It was American workers in a sector of the ple’s homes are swept away. This isn’t the Energy Independence and Security economy that is critical to the Na- political. This is very, very personal, if Act of 2007. It was a bill that passed the tion’s recovery.’’ you’ve lost your home, your belong- Congress with strong bipartisan sup- Then they go on to say that this is ings, your livelihood, your business, port, including your support, Mr. funded by the Department of Edu- your sense of community, the char- DREIER. In fact, 95 Republicans voted cation, and that it’s not the fault of in- acter of the area in which you live, as for the bill. It was an even split in the dustry if these funds have not been many of our colleagues on both sides of Republican Caucus, 95 for, 96 against. used. the aisle have done. When you see the But you recall voting for that. In the NAM letter, National Associa- nature of the natural disasters, wheth- Mr. DREIER. Will the gentlewoman tion of Manufacturers, they say simi- er it’s out-of-control forest fires in yield? larly: Texas, what happened in Joplin, Mis- Ms. PELOSI. No, I’m sorry, because ‘‘We express our support for the Ad- souri, which is almost biblical in its you have a half an hour and I don’t. vanced Technology Vehicle Manufac- proportion, and what happened on the Mr. DREIER. Mr. Speaker, I’ve been turing (ATVM) program, authorized east coast with the earthquake fol- mentioned three times, and since the under the Energy Independence and Se- lowed by hurricane followed by tornado gentlewoman has mentioned me— curity Act of 2007 with bipartisan sup- followed by floods and all that goes The SPEAKER pro tempore. The gen- port and signed into law by President with it. tlewoman from California controls the Bush.’’ Do you think people think that we time. It was a very proud day for us when have any relevance to their lives if Ms. PELOSI. The gentleman has all President Bush signed this bill. It made we’re talking about something like the time. For some reason the Repub- tremendous advances in energy effi- this when all they are saying is, Help. licans are not showing their faces on ciency and conservation. It was a great It’s as if a building is on fire and you’re the floor on this amendment. He has accomplishment of the Bush adminis- going to figure out who is going to pay plenty of time on this bill, plenty of tration and a Democratic Congress for the water instead of just running to time to speak. If he didn’t, I’d be more working together, but the bill passed in the rescue. than happy to yield to him, but since strong bipartisan fashion. I urge my colleagues to vote ‘‘no’’ on he has so much time on his own, he can ‘‘The ATVM program is an example this and urge my Republican col- use that. of what government/industry partner- leagues to please pull this back, bring In any event, here’s the thing. We ships can accomplish. It has helped cre- a clean CR to the floor. Let’s get seri- have an initiative that is bipartisan. ate and preserve thousands of auto sec- ous about the people’s business.

VerDate Mar 15 2010 05:38 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.111 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6396 CONGRESSIONAL RECORD — HOUSE September 22, 2011 CHAMBER OF CONGRESS vehicle enters production. The ATVM ’pro- We’re establishing priorities. We OF THE UNITED STATES OF AMERICA, gram assists this process by providing low have a priority, that being dealing with Washington, DC, September 22, 2011. cost capital for retooling U.S. facilities. our fellow Americans in Joplin, Mis- TO THE MEMBERS OF THE U.S. HOUSE OF These loans, which will be repaid with inter- souri, who suffered from that horrible REPRESENTATIVES: The U.S. Chamber of est, allow automakers to build more fuel-ef- Commerce, the world’s largest business fed- ficient advance technology vehicles in the tornado that hit that area. That’s my eration representing the interests of more U.S. and provide greater job security for the home State of Missouri. I know how than three million businesses and organiza- workers they employ. Furthermore, it is devastating. In listening to our col- tions of every size, sector, and region, worth noting that many suppliers to the league, Mr. LONG, it’s very clear to see strongly supports disaster relief funding to automobile manufacturers are small and me- in his eyes the kind of effort that he’s assist victims of natural disasters. The dium manufacturers. These smaller manu- put in to deal with the rebuilding Chamber is also a vocal proponent of fiscal facturers have the potential to create thou- responsibility and recognizes that Congress there. That is a priority. sands of jobs but are typically some of the Dealing with the photographs that must make difficult but necessary choices first businesses impacted by a struggling among competing priorities. economy. By maintaining the ATVM pro- we saw from Mr. WELCH’s district who As Congress sets spending priorities, the gram the government will also be supporting voted for this bill yesterday and I sus- Chamber wishes to highlight a few important the maintenance and growth of these smaller pect will vote for it again this evening facts about the Advanced Technology Vehi- manufacturers. to ensure that those who suffered from cle Manufacturing (ATVM) loan program. During this time of economic recovery, we flooding in Vermont have that. And as First, the program was authorized in the En- urge you to preserve this successful program I said earlier in the day, our new col- ergy Independence and Security Act of 2007, that is helping preserve auto sector jobs and which was supported by both Republicans league, TOM MARINO from Williams- promote energy security. port, Pennsylvania, who just in the and Democrats as an important step in re- Sincerely, past several days was trudging through ducing America’s dependence on oil from un- PAUL A. YOST. stable regimes. Second, ATVM loans, which the mud as he reported to my col- will be repaid with interest, incentivize Mr. DREIER. Mr. Speaker, I yield leagues in our meeting downstairs automakers and suppliers to build more fuel- myself such time as I may consume, talking to the parents of children who efficient advanced technology vehicles in the and I’ll be happy to yield to my distin- were literally sitting on the hoods of U.S., providing new opportunities for Amer- guished California colleague at any their automobiles because their homes ican workers in a sector of the economy that moment as I make a couple of remarks is critical to the nation’s recovery. Third, had been devastated. And the question here as she walks off the floor. asked by that parent to Congressman the fact that the Department of Energy has I asked her to yield, Mr. Speaker, be- yet to use the funds Congress appropriated MARINO was, What is it you are going cause she three times referenced me as for the program is not the fault of industry; to do? And he said that he was going to numerous loan applicants have been in the it relates to the vehicle program, the come to Washington and do everything queue for years, waiting for the Administra- Advanced Technology Vehicle Manu- that he possibly can, everything that tion to complete its due diligence. facturers program. Let me just explain he would be able to do to ensure that Again, while the Chamber understands the what we’re faced with today, Mr. they have the resources they need. importance of reducing America’s unaccept- Speaker. able debt and believes that all programs Now, to argue that this is pitting a What we’re faced with is the chal- fund that has been sitting dormant for must be on the table, the Chamber urges you lenge of ensuring that we get the re- to bear in mind the facts about the ATVM 3 years and is not in the pipeline versus loan program, which promotes manufac- sources necessary to the American peo- utilization of those resources for the turing in the U.S. and is an important com- ple who are suffering because of these American people who are suffering is a ponent of America’s energy security. disasters. Now, when my California col- very inappropriate thing to do. Sincerely, league was Speaker of the House, we So that was the discussion that I was R. BRUCE JOSTEN. had disasters that took place like Hur- looking forward to having with my ricane Katrina. Much of that was off- California colleague as she talked NATIONAL ASSOCIATION set. And so to act as if this is unprece- OF MANUFACTURERS, about my support of the Advanced September 22, 2011. dented is not a correct characteriza- Technology Vehicle program. Hon. HARRY REID, tion of what has happened, because we Mr. LEVIN. Will the gentleman Majority Leader, U.S. Senate, have seen offsets for disasters in the yield? Washington, DC. past on numerous occasions over the Mr. DREIER. Of course. I’m always Hon. MITCH MCCONNELL, last decade in excess of $59 billion in happy to yield to my good friend from Minority Leader, U.S. Senate, offsets that provided for supplemental Detroit. Washington, DC. appropriations that have been out DEAR LEADERS REID AND MCCONNELL: The b 2240 NAM is the largest trade association in the there. United States, representing over 11,000 small, As it relates to the Advanced Tech- Mr. LEVIN. Look, no one is saying medium and large manufacturers in all 50 nology Vehicle program, I was going to the total program would be obliterated. states. We are the leading voice for the man- say to my California colleague who is Mr. DREIER. If I could reclaim my ufacturing economy, which provides millions no longer on the floor, and I’d like to time, Mr. Speaker, the gentleman just of high-wage jobs in the U.S. Two-thirds of yield to her if she would like to come said no one is saying that. I’m sure our members are small businesses, which back to respond to this, there is a total that my friend was not here through serve as the engine for job growth. Our mis- of $4 billion that is there. What we’re the entire debate. sion is to enhance the competitiveness of manufacturers and improve American living doing is utilizing $1.5 billion. So as peo- Mr. LEVIN. I was. standards by shaping a legislative and regu- ple say that this program is being com- Mr. DREIER. I don’t know that my latory environment conducive to U.S. eco- pletely eliminated, that is not a cor- friend was listening through the entire nomic growth. rect characterization of what has hap- debate. The NAM is writing to express our support pened. Mr. LEVIN. I was. for the Advanced Technology Vehicle Manu- Let me tell you what it is we’re Mr. DREIER. May I finish, Mr. facturing (ATVM) program, authorized under doing, Mr. Speaker. Speaker? the Energy Independence and Security Act of We’re doing everything that we can What I want to say is that we were 2007 with bipartisan support and signed into law by President Bush. The ATVM program to find every dollar that we possibly told that we on our side of the aisle are is an example of what government/industry can to ensure that our fellow Ameri- declaring war—declaring war—by the partnerships can accomplish. It has helped cans who are suffering due to these dis- statement made by our friends from create and preserve thousands of auto sector asters are able to have the resources Massachusetts, and from that, one jobs and put our nation on a path towards that are necessary. Of the $1.5 billion would have to infer that we were try- greater energy security. The NAM believes which is utilized in the offset, it’s been ing to obliterate a program. defunding ATVM will hurt manufacturers sitting in the coffers for 3 years. So to When we, Mr. Speaker, have 3 years and their employees. Introducing any new model motor vehicle act as if we somehow are going to see of those dollars sitting dormant, not is a capital intensive process. Automobile some great loss of jobs is again a being expended and not in the pipeline, manufacturers and suppliers must make mischaracterization of what is hap- we believe that we can utilize those large investments at the front end before a pening. dollars for the American people who

VerDate Mar 15 2010 05:38 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A22SE7.038 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6397 are truly in need. We need to move cans. At a time when Americans are Reject the proposal. ahead with that as expeditiously as losing their homes, losing their jobs, The SPEAKER pro tempore. The gen- possible, and I think we should try to running out of unemployment com- tlewoman from New York has 30 sec- do that right now and get to the appro- pensation, they want to hear us say onds remaining. priations bill. what we’re doing about jobs, what Ms. SLAUGHTER. Mr. Speaker, I ask With that, I reserve the balance of we’re doing about opportunity, what unanimous consent to insert the text my time. we’re doing about making the economy of the amendment in the RECORD along Mr. LEVIN. Will the gentlelady from grow. with extraneous material immediately New York yield me 30 seconds? So the Republicans, when they got prior to the vote on the previous ques- Ms. SLAUGHTER. I’m sorry, Mr. their heads handed to them yesterday, tion. LEVIN. I don’t have any more time. went back to caucus and made the bill The SPEAKER pro tempore. Is there Mr. Speaker, I am prepared to close. a little bit worse so that they could ap- objection to the request of the gentle- Mr. LEVIN. How much time is there peal to their right-wing extremes. The woman from New York? on both sides, please? result is that you’ve got a bill here There was no objection. The SPEAKER pro tempore. The gen- that has been brought to us that no- Ms. SLAUGHTER. I urge my col- tleman from California has 101⁄2 min- body has had an opportunity to see and leagues to vote ‘‘no’’ and defeat the utes, and the gentlewoman from New a bill on which we haven’t got any idea previous question, I urge a ‘‘no’’ vote York has 31⁄2 minutes. exactly what it does. on the rule and the underlying amend- Mr. LEVIN. Will the gentleman from We hear our good friend from Cali- ment, and I yield back the balance of California yield to me? fornia tell us how the private system of my time. Mr. DREIER. Mr. Speaker, let me government is working. He says it’s Mr. DREIER. Mr. Speaker, I yield yield myself 1 minute, and I will yield working in China because the Chinese myself the balance of my time to sim- to my friend from Michigan. have forced GM to work with them to ply say to my colleagues that we’re Mr. LEVIN. No one has said that the manufacture cars over there so that here for a very important reason. The program will be eliminated. What we they can sell them over here. We say reason is that we want to make sure have said is what the Manufacturers that we ought to be manufacturing that we don’t face a government shut- Association has said. It believes those cars over here with American down. We want to make sure that we defunding ATVM will hurt manufactur- workers to sell over there in China and do everything we possibly can so that ers and their employees. in other countries that are playing the the people in this country who have Mr. DREIER. Mr. Speaker, I reclaim same game with us. suffered from disasters over the past my time. This is an enormously successful pro- several weeks and months are able to We’ve had this read to us three gram. They’re submitting their suc- have the resources that they need to do times. cesses of yesterday by trying now to that, and we want to make sure, Mr. Mr. LEVIN. You don’t want to hear cut other programs which do this. Speaker, that we do it in a fiscally re- the facts. They talk about Solyndra. Solyndra sponsible way so that we can do what Mr. DREIER. Mr. Speaker, I’ve heard went broke for a very simple reason. I every American and every Democrat it three times read on the House floor. sat in on the hearings when I don’t and Republican in this House says We heard the debate earlier today. It think many of the other Members on needs to be done so that we can get our was read by our colleagues, Mr. Speak- this side did. I heard that the reason economy growing and put into place er. I’ve heard this three times on the they went under was the trade prac- pro-growth, job creation proposals. I House floor. tices of the Chinese. That’s why. believe that we can do that. I think we What I want to say is that we’ve had, They’re underselling them in an intol- can do it responsibly. for 3 years, the dollars that we’re uti- erable way in spite of the fact that I will say that this is the identical lizing for the offset sitting dormant. we’ve tried to bring that technology package that we had last night, with Mr. LEVIN. It is not true. over here and to make it work for the one modification; and that one modi- Mr. DREIER. It is true, and it is not American people in order to provide fication is to ensure, with all due re- in the pipeline to be expended, Mr. jobs for the American people. spect to my friend, the distinguished Speaker. So, for that reason, I believe My Republican colleagues are mak- dean of this House, that we don’t have the people of Joplin, Missouri, can bet- ing a war between the American work- another Solyndra. Regardless of what ter utilize dollars that have been sit- ers and American industry on the one some have said was the cause of their ting for 3 years for absolutely no pur- side and those who have need of relief demise, when we have employees of pose whatsoever. from the disasters. That’s not good. It that company coming forward and With that, I reserve the balance of should not be. It is quite sufficient that making the case that they were spend- my time. we help both. There is no need to have ing money left and right, that they Ms. SLAUGHTER. Mr. Speaker, if we an offset for a disaster, and time after were using it on some of the most out- defeat the previous question at the end time we have not done it. But not so rageous things imaginable, and that of the debate, I will offer an amend- the Republicans. They are out to kill the employees could not understand ment to the rule to ensure that dis- Department of Energy loan programs. why they built a factory when they had aster victims get the help that they These are programs that create jobs. all of these resources in reserve, this need. My amendment will allow Rep- Take a look in your district, if cannot be allowed. It’s not a respon- resentative DINGELL to offer a motion they’ll give you a copy of this bill, and sible expenditure of U.S. taxpayer dol- to strike the unacceptable House lan- ask yourself and ask them and ask of lars, Mr. Speaker, and that’s the rea- guage and to substitute the bipartisan the legislation: What are they cutting son we believe this $100 million can be Senate approach. that is in your district or your State used for the people who are truly in I yield 3 minutes to the gentleman that’s going to make jobs and oppor- need. from Michigan (Mr. DINGELL). tunity for your people? You’re going to The material previously referred to (Mr. DINGELL asked and was given find, when this legislation passes—God by Ms. SLAUGHTER is as follows: permission to revise and extend his re- forbid it will do so—that you have cut AN AMENDMENT TO H. RES. 412 OFFERED BY MS. marks.) the opportunities and the well-being of SLAUGHTER OF NEW YORK Mr. DINGELL. Here we are again. your American people who desperately At the end of the resolution, add the fol- Yesterday, the House rebuked the look to us to make the economy go lowing new sections: Republicans because they came for- again. You are burning here tonight SEC. 2. Notwithstanding any other provi- ward with almost as bad a bill as this. the seed corn of the American people. sion of this resolution, after expiration of de- They were going to destroy, as they are bate on the motion to concur specified in the You are taking and striking a major first section of this resolution it shall be in tonight, the Advanced Technology Ve- blow against the economy and the well- order to consider the motion to amend print- hicle Manufacturing program. It’s one being of this Nation. I say, Shame. ed in section 3 of this resolution. That mo- of the most successful programs we’ve Reject the rule. tion may be offered only by Representative had. It has made 40,000 jobs for Ameri- Reject the previous question. Dingell of Michigan or his designee, shall be

VerDate Mar 15 2010 05:38 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.115 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6398 CONGRESSIONAL RECORD — HOUSE September 22, 2011 debatable for 20 minutes equally divided and ‘‘Amending Special Rules’’ states: ‘‘a refusal McClintock Quayle Smith (NE) controlled by the proponent and an oppo- to order the previous question on such a rule McCotter Reed Smith (NJ) nent, shall not be subject to amendment, and [a special rule reported from the Committee McHenry Rehberg Smith (TX) shall not be subject to a demand for division McKeon Renacci Southerland on Rules] opens the resolution to amend- McKinley Ribble Stearns of the question. All points of order against ment and further debate.’’ (Chapter 21, sec- McMorris Rigell Stivers that motion are waived. tion 21.2) Section 21.3 continues: ‘‘Upon re- Rodgers Rivera Stutzman SEC. 3. The motion to amend referred to in jection of the motion for the previous ques- Meehan Roby Sullivan section 2 is as follows: tion on a resolution reported from the Com- Mica Roe (TN) Terry ‘‘(1) Strike sections 125 and 126 of the mittee on Rules, control shifts to the Mem- Miller (FL) Rogers (AL) Thompson (PA) House amendment (and redesignate the sub- ber leading the opposition to the previous Miller (MI) Rogers (KY) Thornberry sequent sections accordingly). Miller, Gary Rogers (MI) Tiberi question, who may offer a proper amendment Mulvaney Rohrabacher Tipton ‘‘(2) At the end of the House amendment, or motion and who controls the time for de- before the short title, insert the following: Murphy (PA) Rokita Turner (NY) bate thereon.’’ Myrick Rooney Turner (OH) ‘‘SEC. ll . Notwithstanding any other provision of this Act, there is hereby enacted Clearly, the vote on the previous question Neugebauer Ros-Lehtinen Upton on a rule does have substantive policy impli- Noem Roskam Walberg into law the provisions of division B of the Nugent Ross (FL) Walden amendment adopted by the Senate on Sep- cations. It is one of the only available tools for those who oppose the Republican major- Nunes Royce Walsh (IL) tember 15, 2011, to House Joint Resolution 66 Nunnelee Runyan Webster (112th Congress), relating to emergency sup- ity’s agenda and allows those with alter- Olson Ryan (WI) West plemental disaster relief appropriations.’’. native views the opportunity to offer an al- Palazzo Scalise Westmoreland (The information contained herein was ternative plan. Paulsen Schilling Whitfield provided by the Republican Minority on mul- Mr. DREIER. I yield back the bal- Pearce Schmidt Wilson (SC) tiple occasions throughout the 110th and Pence Schweikert Wittman ance of my time, and I move the pre- Petri Scott (SC) Wolf 111th Congresses.) vious question on the resolution. Pitts Scott, Austin Womack THE VOTE ON THE PREVIOUS QUESTION: WHAT IT The SPEAKER pro tempore. The Platts Sensenbrenner Woodall REALLY MEANS Poe (TX) Sessions Yoder question is on ordering the previous This vote, the vote on whether to order the Pompeo Shimkus Young (AK) previous question on a special rule, is not question. Posey Shuster Young (FL) Price (GA) Simpson Young (IN) merely a procedural vote. A vote against or- The question was taken; and the dering the previous question is a vote Speaker pro tempore announced that NAYS—177 against the Republican majority agenda and the ayes appeared to have it. Ackerman Gonzalez Napolitano a vote to allow the opposition, at least for Mr. MCGOVERN. Mr. Speaker, on Andrews Green, Al Neal the moment, to offer an alternative plan. It that I demand the yeas and nays. Baca Green, Gene Olver is a vote about what the House should be de- The yeas and nays were ordered. Baldwin Grijalva Owens bating. Barrow Gutierrez Pallone Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- Bass (CA) Hahn Pascrell House of Representatives (VI, 308–311), de- ant to clause 9 of rule XX, the Chair Becerra Hanabusa Pastor (AZ) scribes the vote on the previous question on will reduce to 5 minutes the minimum Berkley Hastings (FL) Payne Berman Heinrich Pelosi the rule as ‘‘a motion to direct or control the time for any electronic vote on the Bishop (NY) Higgins Perlmutter consideration of the subject before the House question of adoption. Blumenauer Himes Peters being made by the Member in charge.’’ To The vote was taken by electronic de- Boren Hinchey Peterson defeat the previous question is to give the Boswell Hinojosa Pingree (ME) opposition a chance to decide the subject be- vice, and there were—yeas 235, nays Brady (PA) Hirono Polis fore the House. Cannon cites the Speaker’s 177, not voting 21, as follows: Braley (IA) Hochul Price (NC) ruling of January 13, 1920, to the effect that [Roll No. 725] Brown (FL) Holden Quigley Capps Holt Rahall ‘‘the refusal of the House to sustain the de- YEAS—235 Capuano Honda Reyes mand for the previous question passes the Cardoza Hoyer Richardson control of the resolution to the opposition’’ Adams Crenshaw Hartzler Aderholt Culberson Hastings (WA) Carnahan Inslee Richmond in order to offer an amendment. On March Akin Davis (KY) Hayworth Carney Israel Ross (AR) 15, 1909, a member of the majority party of- Alexander Denham Heck Castor (FL) Jackson (IL) Rothman (NJ) fered a rule resolution. The House defeated Altmire Dent Hensarling Chandler Jackson Lee Roybal-Allard the previous question and a member of the Amash DesJarlais Herger Chu (TX) Ruppersberger Cicilline Johnson (GA) Rush opposition rose to a parliamentary inquiry, Amodei Diaz-Balart Herrera Beutler Austria Dold Huelskamp Clarke (MI) Johnson, E. B. Ryan (OH) asking who was entitled to recognition. Clarke (NY) Kaptur Sa´ nchez, Linda Speaker Joseph G. Cannon (R–Illinois) said: Bachus Dreier Huizenga (MI) Barletta Duffy Hultgren Clay Keating T. ‘‘The previous question having been refused, Bartlett Duncan (SC) Hunter Cleaver Kildee Sanchez, Loretta the gentleman from New York, Mr. Fitz- Barton (TX) Duncan (TN) Hurt Clyburn Kind Sarbanes gerald, who had asked the gentleman to Bass (NH) Ellmers Issa Cohen Kissell Schakowsky yield to him for an amendment, is entitled to Benishek Emerson Jenkins Connolly (VA) Kucinich Schiff Berg Farenthold Johnson (IL) Conyers Larsen (WA) Schrader the first recognition.’’ Cooper Larson (CT) Schwartz Because the vote today may look bad for Biggert Fincher Johnson (OH) Bilbray Fitzpatrick Johnson, Sam Costa Lee (CA) Scott (VA) the Republican majority they will say ‘‘the Costello Levin Scott, David vote on the previous question is simply a Bilirakis Flake Jones Bishop (UT) Fleischmann Jordan Courtney Lewis (GA) Serrano vote on whether to proceed to an immediate Black Fleming Kelly Critz Lipinski Sewell vote on adopting the resolution . . . [and] Blackburn Flores King (IA) Crowley Loebsack Sherman has no substantive legislative or policy im- Bonner Forbes King (NY) Cuellar Lofgren, Zoe Sires plications whatsoever.’’ But that is not what Bono Mack Fortenberry Kingston Cummings Lowey Slaughter Davis (CA) Lynch Smith (WA) they have always said. Listen to the Repub- Boustany Foxx Kinzinger (IL) Brady (TX) Franks (AZ) Kline Davis (IL) Maloney Sutton lican Leadership Manual on the Legislative DeFazio Markey Thompson (CA) Process in the United States House of Rep- Brooks Frelinghuysen Labrador Broun (GA) Gallegly Lamborn DeGette Matheson Thompson (MS) resentatives, (6th edition, page 135). Here’s Buchanan Gardner Lance DeLauro Matsui Tierney how the Republicans describe the previous Bucshon Garrett Landry Dicks McCarthy (NY) Tonko question vote in their own manual: ‘‘Al- Buerkle Gerlach Lankford Dingell McCollum Towns though it is generally not possible to amend Burgess Gibbs Latham Doggett McDermott Tsongas Burton (IN) Gibson LaTourette Donnelly (IN) McGovern Van Hollen the rule because the majority Member con- ´ Camp Gingrey (GA) Latta Doyle McIntyre Velazquez trolling the time will not yield for the pur- Edwards McNerney Visclosky pose of offering an amendment, the same re- Campbell Goodlatte Lewis (CA) Canseco Gosar LoBiondo Ellison Meeks Walz (MN) sult may be achieved by voting down the pre- Cantor Gowdy Long Engel Michaud Wasserman vious question on the rule . . . When the mo- Capito Granger Lucas Eshoo Miller (NC) Schultz tion for the previous question is defeated, Carter Graves (GA) Luetkemeyer Farr Miller, George Waters control of the time passes to the Member Cassidy Graves (MO) Lummis Fattah Moore Watt Filner Moran Wilson (FL) who led the opposition to ordering the pre- Chabot Griffin (AR) Lungren, Daniel Chaffetz Griffith (VA) E. Frank (MA) Murphy (CT) Woolsey vious question. That Member, because he Fudge Nadler Yarmuth then controls the time, may offer an amend- Coble Grimm Mack Coffman (CO) Guthrie Manzullo ment to the rule, or yield for the purpose of Cole Hall Marchant NOT VOTING—21 amendment.’’ Conaway Hanna Marino Bachmann Calvert Garamendi In Deschler’s Procedure in the U.S. House Cravaack Harper McCarthy (CA) Bishop (GA) Carson (IN) Giffords of Representatives, the subchapter titled Crawford Harris McCaul Butterfield Deutch Gohmert

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Guinta Rangel Speier Schmidt Stearns Walsh (IL) GENERAL LEAVE Langevin Reichert Stark Schock Stivers Webster Mr. ROGERS of Kentucky. Mr. Luja´ n Schock Waxman Schweikert Stutzman West Paul Shuler Welch Scott (SC) Sullivan Westmoreland Speaker, I ask unanimous consent that Scott, Austin Terry Whitfield all Members may have 5 legislative Sensenbrenner Thompson (PA) Wilson (SC) days in which to revise and extend b 2312 Sessions Thornberry Wittman Shimkus Tiberi Wolf their remarks and include extraneous Mr. GEORGE MILLER of California Shuster Tipton Womack material on H.R. 2608. changed his vote from ‘‘yea’’ to ‘‘nay.’’ Simpson Turner (NY) Woodall The SPEAKER pro tempore. Is there So the previous question was ordered. Smith (NE) Turner (OH) Yoder objection to the request of the gen- The result of the vote was announced Smith (NJ) Upton Young (AK) Smith (TX) Walberg Young (FL) tleman from Kentucky? as above recorded. Southerland Walden Young (IN) There was no objection. The SPEAKER pro tempore. The NAYS—176 Mr. ROGERS of Kentucky. Mr. question is on the resolution. Speaker, pursuant to the resolution The question was taken; and the Ackerman Gonzalez Napolitano Andrews Green, Al Neal just adopted, I call up the bill (H.R. Speaker pro tempore announced that Baca Green, Gene Owens 2608) to provide for an additional tem- the ayes appeared to have it. Baldwin Grijalva Pallone porary extension of programs under the Mr. DREIER. Mr. Speaker, on that I Barrow Gutierrez Pascrell Small Business Act and the Small demand the yeas and nays. Bass (CA) Hahn Pastor (AZ) Becerra Hanabusa Payne Business Investment Act of 1958, and The yeas and nays were ordered. Berkley Hastings (FL) Pelosi for other purposes, with the Senate The SPEAKER pro tempore. This is a Berman Heinrich Perlmutter amendment thereto, and have a motion 5-minute vote. Bishop (NY) Higgins Peters Blumenauer Himes at the desk. The vote was taken by electronic de- Peterson Boren Hinchey Pingree (ME) The Clerk read the title of the bill. vice, and there were—yeas 238, nays Boswell Hinojosa Polis The SPEAKER pro tempore. The 176, not voting 19, as follows: Brady (PA) Hochul Price (NC) Clerk will designate the Senate amend- Braley (IA) Holden [Roll No. 726] Quigley ment. Brown (FL) Holt Rahall Capps Honda YEAS—238 Reyes The text of the Senate amendment is Capuano Hoyer Adams Fleming Richardson as follows: Lucas Cardoza Inslee Aderholt Flores Richmond Senate amendment: Luetkemeyer Carnahan Israel Akin Forbes Ross (AR) Lummis Carney Jackson (IL) Strike all after the enacting clause and in- Alexander Fortenberry Rothman (NJ) Lungren, Daniel Castor (FL) Jackson Lee sert the following: Altmire Foxx Roybal-Allard E. Chandler (TX) Amash Franks (AZ) Ruppersberger SECTION 1. SHORT TITLE. Mack Chu Johnson (GA) Amodei Frelinghuysen Rush This Act may be cited as the ‘‘Small Business Manzullo Cicilline Johnson, E. B. Austria Gallegly Ryan (OH) Marchant Clarke (MI) Kaptur Program Extension and Reform Act of 2011’’. Bachus Gardner Sa´ nchez, Linda Marino Clarke (NY) Keating SEC. 2. ADDITIONAL TEMPORARY EXTENSION OF Barletta Garrett T. McCarthy (CA) Clay Kildee AUTHORIZATION OF PROGRAMS Bartlett Gerlach McCaul Cleaver Kind Sanchez, Loretta UNDER THE SMALL BUSINESS ACT Barton (TX) Gibbs McClintock Clyburn Kissell Sarbanes AND THE SMALL BUSINESS INVEST- Bass (NH) Gibson McCotter Cohen Kucinich Schakowsky MENT ACT OF 1958. Benishek Gingrey (GA) McHenry Connolly (VA) Langevin Schiff Berg Gohmert (a) IN GENERAL.—Section 1 of the Act entitled McKeon Conyers Larsen (WA) Schrader Biggert Goodlatte ‘‘An Act to extend temporarily certain authori- McKinley Cooper Larson (CT) Schwartz Bilirakis Gosar ties of the Small Business Administration’’, ap- McMorris Costa Lee (CA) Scott (VA) Bishop (UT) Gowdy Rodgers Costello Levin Scott, David proved October 10, 2006 (Public Law 109–316; 120 Black Granger Meehan Courtney Lewis (GA) Serrano Stat. 1742), as most recently amended by section Blackburn Graves (GA) Mica Critz Lipinski Sewell 2 of the Small Business Additional Temporary Bonner Graves (MO) Miller (FL) Crowley Loebsack Sherman Extension Act of 2011 (Public Law 112–17; 125 Bono Mack Griffin (AR) Miller (MI) Cuellar Lofgren, Zoe Sires Boustany Griffith (VA) Stat. 221), is amended by striking ‘‘July 31, Miller, Gary Cummings Lowey Slaughter Brady (TX) Grimm 2011’’ each place it appears and inserting ‘‘July Mulvaney Davis (CA) Lynch Smith (WA) Brooks Guinta 31, 2012’’. Murphy (PA) Davis (IL) Maloney Sutton Broun (GA) Guthrie (b) EFFECTIVE DATE.—The amendments made Myrick DeFazio Markey Thompson (CA) Buchanan Hall Neugebauer DeGette Matheson Thompson (MS) by subsection (a) shall take effect on July 30, Bucshon Hanna Noem DeLauro Matsui Tierney 2011. Buerkle Harper Nugent Dicks McCarthy (NY) Tonko SEC. 3. REPEALS AND OTHER TERMINATIONS. Burgess Harris Nunes Dingell McCollum Towns Burton (IN) Hartzler (a) GENERAL PROVISIONS.— Nunnelee Doggett McDermott Tsongas Calvert Hastings (WA) (1) EFFECTIVE DATE.—A repeal or other termi- Olson Donnelly (IN) McGovern Van Hollen Camp Hayworth Palazzo Doyle McIntyre Vela´ zquez nation of a provision of law made by this sec- Campbell Heck Paulsen Edwards McNerney Visclosky tion shall take effect on October 1, 2011. Canseco Hensarling Pearce Ellison Meeks Walz (MN) (2) RULE.—Nothing in this section shall affect Cantor Herger Pence Engel Michaud Wasserman any grant or assistance provided, contract or co- Capito Herrera Beutler Petri Eshoo Miller (NC) Schultz operative agreement entered into, or loan made Carter Huelskamp Pitts Farr Miller, George Waters Cassidy Huizenga (MI) or guaranteed before October 1, 2011 under a Platts Fattah Moore Watt Chabot Hultgren provision of law repealed or otherwise termi- Poe (TX) Filner Moran Wilson (FL) Chaffetz Hunter nated by this section and any such grant, as- Pompeo Frank (MA) Murphy (CT) Woolsey Coble Hurt Posey Fudge Nadler Yarmuth sistance, contract, cooperative agreement, or Coffman (CO) Issa Price (GA) loan shall be subject to the applicable repealed Cole Jenkins Quayle NOT VOTING—19 or otherwise terminated provision, as in effect Conaway Johnson (IL) Reed Bachmann Giffords Shuler on September 30, 2011. Cravaack Johnson (OH) Rehberg Bilbray Hirono Crawford Johnson, Sam Renacci Speier (3) APPLICABILITY OF TEMPORARY EXTEN- Bishop (GA) Luja´ n Crenshaw Jones Ribble Stark SIONS.—A repeal or other termination of a provi- Butterfield Olver Culberson Jordan Rigell Waxman sion of law made by this section shall have ef- Carson (IN) Paul Davis (KY) Kelly Rivera Welch fect notwithstanding any temporary extension Deutch Rangel Denham King (IA) Roby Garamendi Reichert of programs, authority, or provisions under the Dent King (NY) Roe (TN) Act entitled ‘‘An Act to extend temporarily cer- DesJarlais Kingston Rogers (AL) tain authorities of the Small Business Adminis- Diaz-Balart Kinzinger (IL) Rogers (KY) b 2319 Dold Kline Rogers (MI) tration’’, approved October 10, 2006 (Public Law Dreier Labrador Rohrabacher So the resolution was agreed to. 109–316; 120 Stat. 1742). Duffy Lamborn Rokita The result of the vote was announced (4) DEFICIT REDUCTION.—Any savings result- Duncan (SC) Lance Rooney as above recorded. ing from this Act and the amendments made by Duncan (TN) Landry Ros-Lehtinen A motion to reconsider was laid on this Act shall be returned to the Treasury for Ellmers Lankford Roskam deficit reduction. Emerson Latham Ross (FL) the table. (b) POLLUTION CONTROL LOANS.—Paragraph Farenthold LaTourette Royce Stated for: (12) of section 7(a) of the Small Business Act (15 Fincher Latta Runyan Mr. BILBRAY. Mr. Speaker, on rollcall No. Fitzpatrick Lewis (CA) Ryan (WI) U.S.C. 636(a)) is amended— Flake LoBiondo Scalise 726, had I been present, I would have voted (1) by striking ‘‘(A) The Administration’’ and Fleischmann Long Schilling ‘‘yes.’’ inserting ‘‘The Administration’’; and

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(2) by striking ‘‘research and development’’ SEC. 4. TERMINATION OF EMERGING LEADERS SEC. 105. Appropriations made and authority and all that follows and inserting ‘‘research and PROGRAM. granted pursuant to this Act shall cover all obli- development.’’. Notwithstanding any other provision of law, gations or expenditures incurred for any project (c) SMALL BUSINESS INSTITUTE.—Subpara- effective October 1, 2011, the Administrator of or activity during the period for which funds or graph (E) of section 8(b)(1) of the Small Busi- the Small Business Administration may not authority for such project or activity are avail- ness Act (15 U.S.C. 637(b)(1)) is repealed. carry out or otherwise support the program re- able under this Act. (d) DRUG-FREE WORKPLACE GRANTS.—Para- ferred to as ‘‘Emerging Leaders’’ in the docu- SEC. 106. Unless otherwise provided for in this graph (3) of section 21(c) of the Small Business ment of the Small Business Administration titled Act or in the applicable appropriations Act for Act (15 U.S.C. 648(c)) is amended— ‘‘FY 2012 Congressional Budget Justification fiscal year 2012, appropriations and funds made (1) in subparagraph (R) by adding ‘‘and’’ at and FY 2010 Annual Performance Report’’ (or available and authority granted pursuant to the end; any predecessor or successor document). this Act shall be available until whichever of the (2) in subparagraph (S) by striking ‘‘; and’’ MOTION TO CONCUR following first occurs: (1) the enactment into and inserting a period; and The SPEAKER pro tempore. The law of an appropriation for any project or activ- (3) by striking subparagraph (T). ity provided for in this Act; (2) the enactment Clerk will designate the motion. into law of the applicable appropriations Act for (e) CENTRAL EUROPEAN SMALL BUSINESS EN- The text of the motion is as follows: TERPRISE DEVELOPMENT COMMISSION.—Section fiscal year 2012 without any provision for such 25 of the Small Business Act (15 U.S.C. 652) is Mr. Rogers of Kentucky moves that the project or activity; or (3) November 18, 2011. SEC. 107. Expenditures made pursuant to this repealed. House concur in the Senate amendment to Act shall be charged to the applicable appro- (f) PAUL D. COVERDELL DRUG-FREE WORK- H.R. 2608 with an amendment. priation, fund, or authorization whenever a bill PLACE PROGRAM.—Section 27 of the Small Busi- The text of the amendment is as fol- in which such applicable appropriation, fund, ness Act (15 U.S.C. 654) is repealed. lows: or authorization is contained is enacted into (g) PILOT TECHNOLOGY ACCESS PROGRAM.— In lieu of the matter proposed to be in- law. Section 28 of the Small Business Act (15 U.S.C. serted by the amendment of the Senate, in- SEC. 108. Appropriations made and funds 655) is repealed. sert the following: made available by or authority granted pursu- (h) NATIONAL VETERANS BUSINESS DEVELOP- That the following sums are hereby appro- ant to this Act may be used without regard to MENT CORPORATION.— priated, out of any money in the Treasury not the time limitations for submission and approval (1) IN GENERAL.—Section 33 of the Small Busi- otherwise appropriated, and out of applicable of apportionments set forth in section 1513 of ness Act (15 U.S.C. 657c) is repealed. corporate or other revenues, receipts, and funds, title 31, United States Code, but nothing in this (2) CORPORATION.—Beginning on the date of for the several departments, agencies, corpora- Act may be construed to waive any other provi- enactment of this Act, the National Veterans tions, and other organizational units of Govern- sion of law governing the apportionment of Business Development Corporation and any suc- ment for fiscal year 2012, and for other pur- funds. cessor thereto may not represent that the cor- poses, namely: SEC. 109. Notwithstanding any other provision poration is federally chartered or in any other SEC. 101. (a) Such amounts as may be nec- of this Act, except section 106, for those pro- manner authorized by the Federal Government. essary, at a rate for operations as provided in grams that would otherwise have high initial (i) LEASE GUARANTEES AND POLLUTION CON- the applicable appropriations Acts for fiscal rates of operation or complete distribution of ap- TROL.—Part A of title IV of the Small Business year 2011 and under the authority and condi- propriations at the beginning of fiscal year 2012 Investment Act of 1958 (15 U.S.C. 692 et seq.) is tions provided in such Acts, for continuing because of distributions of funding to States, repealed. projects or activities (including the costs of di- foreign countries, grantees, or others, such high (j) ALTERNATIVE LOSS RESERVE.—Paragraph rect loans and loan guarantees) that are not initial rates of operation or complete distribu- (7) of section 508(c) of the Small Business In- otherwise specifically provided for in this Act, tion shall not be made, and no grants shall be vestment Act of 1958 (15 U.S.C. 697e(c)) is re- that were conducted in fiscal year 2011, and for awarded for such programs funded by this Act pealed. which appropriations, funds, or other authority that would impinge on final funding preroga- (k) SMALL BUSINESS TELECOMMUTING PILOT were made available in the following appropria- tives. PROGRAM.—Subsection (d) of section 1203 of the tions Acts: SEC. 110. This Act shall be implemented so Energy Independence and Security Act of 2007 (1) The Department of Defense Appropriations that only the most limited funding action of (15 U.S.C. 657h) is repealed. Act, 2011 (division A of Public Law 112–10). that permitted in the Act shall be taken in order (l) TECHNICAL AND CONFORMING AMEND- (2) The Full-Year Continuing Appropriations to provide for continuation of projects and ac- MENTS.— Act, 2011 (division B of Public Law 112–10). tivities. SEC. 111. (a) For entitlements and other man- (1) SMALL BUSINESS INVESTMENT ACT OF 1958.— (b) The rate for operations provided by sub- datory payments whose budget authority was Section 411(i) of the Small Business Investment section (a) is hereby reduced by 1.503 percent. provided in appropriations Acts for fiscal year Act of 1958 (15 U.S.C. 694b(i)) is amended to read SEC. 102. (a) No appropriation or funds made 2011, and for activities under the Food and Nu- as follows: available or authority granted pursuant to sec- trition Act of 2008, activities shall be continued ‘‘(i) Without limiting the authority conferred tion 101 for the Department of Defense shall be at the rate to maintain program levels under upon the Administrator and the Administration used for (1) the new production of items not current law, under the authority and conditions by section 201 of this Act, the Administrator and funded for production in fiscal year 2011 or provided in the applicable appropriations Act the Administration shall have, in the perform- prior years; (2) the increase in production rates for fiscal year 2011, to be continued through the ance of and with respect to the functions, pow- above those sustained with fiscal year 2011 date specified in section 106(3). ers, and duties conferred by this part, all the funds; or (3) the initiation, resumption, or con- (b) Notwithstanding section 106, obligations authority and be subject to the same conditions tinuation of any project, activity, operation, or for mandatory payments due on or about the prescribed in section 5(b) of the Small Business organization (defined as any project, subproject, first day of any month that begins after October Act with respect to loans, including the author- activity, budget activity, program element, and 2011 but not later than 30 days after the date ity to execute subleases, assignments of lease subprogram within a program element, and for specified in section 106(3) may continue to be and new leases with any person, firm, organiza- any investment items defined as a P–1 line item made, and funds shall be available for such tion, or other entity, in order to aid in the liq- in a budget activity within an appropriation ac- payments. uidation of obligations of the Administration count and an R–1 line item that includes a pro- SEC. 112. Amounts made available under sec- hereunder.’’. gram element and subprogram element within tion 101 for civilian personnel compensation and (2) TITLE 10.—Section 1142(b)(13) of title 10, an appropriation account) for which appropria- benefits in each department and agency may be United States Code, is amended by striking tions, funds, or other authority were not avail- apportioned up to the rate for operations nec- ‘‘and the National Veterans Business Develop- able during fiscal year 2011. essary to avoid furloughs within such depart- ment Corporation’’. (b) No appropriation or funds made available ment or agency, consistent with the applicable (3) TITLE 38.—Subsection (h) of section 3452 of or authority granted pursuant to section 101 for appropriations Act for fiscal year 2011, except title 38, United States Code, is amended by strik- the Department of Defense shall be used to ini- that such authority provided under this section ing ‘‘any of the’’ and all that follows and in- tiate multi-year procurements utilizing advance shall not be used until after the department or serting ‘‘any small business development center procurement funding for economic order quan- agency has taken all necessary actions to re- described in section 21 of the Small Business Act tity procurement unless specifically appro- duce or defer non-personnel-related administra- (15 U.S.C. 648), insofar as such center offers, priated later. tive expenses. sponsors, or cosponsors an entrepreneurship SEC. 103. Appropriations made by section 101 SEC. 113. Funds appropriated by this Act may course, as that term is defined in section shall be available to the extent and in the man- be obligated and expended notwithstanding sec- 3675(c)(2).’’. ner that would be provided by the pertinent ap- tion 10 of Public Law 91–672 (22 U.S.C. 2412), (4) VETERANS ENTREPRENEURSHIP AND SMALL propriations Act. section 15 of the State Department Basic Au- BUSINESS DEVELOPMENT ACT OF 1999.—Section SEC. 104. Except as otherwise provided in sec- thorities Act of 1956 (22 U.S.C. 2680), section 313 203(c)(5) of the Veterans Entrepreneurship and tion 102, no appropriation or funds made avail- of the Foreign Relations Authorization Act, Fis- Small Business Development Act of 1999 (15 able or authority granted pursuant to section cal Years 1994 and 1995 (22 U.S.C. 6212), and U.S.C. 657b note) is amended by striking ‘‘In co- 101 shall be used to initiate or resume any section 504(a)(1) of the National Security Act of operation with the National Veterans Business project or activity for which appropriations, 1947 (50 U.S.C. 414(a)(1)). Development Corporation, develop’’ and insert- funds, or other authority were not available SEC. 114. (a) Except as provided in subsection ing ‘‘Develop’’. during fiscal year 2011. (b), each amount incorporated by reference in

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this Act that was previously designated as being (b) Notwithstanding section 9(n)(1)(A) of the SEC. 127. Any funds made available pursuant for contingency operations directly related to Small Business Act (15 U.S.C. 638(n)(1)(A)), the to section 101 for the Department of Homeland the global war on terrorism pursuant to section Small Business Technology Transfer Program Security may be obligated at a rate for oper- 3(c)(2) of H. Res. 5 (112th Congress) and as an shall continue in effect through the date speci- ations necessary to sustain essential security ac- emergency requirement pursuant to section fied in section 106(3) of this Act. tivities, such as: staffing levels of operational 403(a) of S. Con. Res. 13 (111th Congress), the (c) Notwithstanding section 9(y)(6) of the personnel; immigration enforcement and re- concurrent resolution on the budget for fiscal Small Business Act (15 U.S.C. 638(y)(6)), the moval functions, including sustaining not less year 2010, is designated by the Congress for pilot program under section 9(y) of such Act than necessary detention bed capacity; and Overseas Contingency Operations/Global War shall continue in effect through the date speci- United States Secret Service protective activities, on Terrorism pursuant to section 251(b)(2)(A) of fied in section 106(3) of this Act. including protective activities necessary to se- the Balanced Budget and Emergency Deficit SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, cure National Special Security Events. The Sec- Control Act of 1985, except that such amount United States Code, is amended by striking retary of Homeland Security shall notify the shall be available only if the President subse- ‘‘September 30, 2011’’ and inserting the date Committees on Appropriations of the House of quently so designates such amount and trans- specified in section 106(3) of this Act. Representatives and the Senate on each use of SEC. 125. Notwithstanding any other provision mits such designation to the Congress. Section the authority provided in this section. of this Act, effective on the date of the enact- 101(b) of this Act shall not apply to any amount SEC. 128. The authority provided by section ment of this Act, of the unobligated balances re- so designated. 532 of Public Law 109–295 shall continue in ef- (b) Subsection (a) shall not apply to amounts maining available to the Department of Energy fect through the date specified in section 106(3) pursuant to section 129 of the Continuing Ap- for ‘‘Department of Justice—Federal Bureau of of this Act. propriations Resolution, 2009 (division A of Pub- Investigation—Salaries and Expenses’’. SEC. 129. The authority provided by section lic Law 110–329), $500,000,000 is rescinded, SEC. 115. During the period covered by this 831 of the Homeland Security Act of 2002 (6 Act, discretionary amounts appropriated for fis- $774,000,000 is hereby transferred to and merged U.S.C. 391) shall continue in effect through the cal year 2012 that were provided in advance by with ‘‘Department of Homeland Security—Fed- date specified in section 106(3) of this Act. eral Emergency Management Agency—Disaster appropriations Acts shall be available in the SEC. 130. Section 550(b) of the Department of amounts provided in such Acts, reduced by the Relief’’, and $226,000,000 is hereby transferred to Homeland Security Appropriations Act, 2007 (6 percentage in section 101(b). and merged with ‘‘Corps of Engineers-Civil— U.S.C. 121 note) shall be applied by substituting Flood Control and Coastal Emergencies’’: Pro- SEC. 116. Notwithstanding section 101, the date specified in section 106(3) of this Act for vided, That the amounts made available by this amounts made available by this Act for ‘‘De- ‘‘October 4, 2011’’. section for the Corps of Engineers-Civil shall be partment of Defense—Operation and Mainte- SEC. 131. Sections 1309(a) and 1319 of the Na- nance—Operation and Maintenance, Air Force’’ for emergency expenses for repair of damage tional Flood Insurance Act of 1968 (42 U.S.C. may be used by the Secretary of Defense for op- caused by the storm and flood events occurring 4016(a) and 4026) shall be applied by sub- in 2011: Provided further, That the amounts erations and activities of the Office of Security stituting the date specified in section 106(3) of transferred by this section shall remain avail- Cooperation in Iraq and security assistance this Act for ‘‘September 30, 2011’’. able until expended: Provided further, That teams, including life support, transportation SEC. 132. Section 330 of the Department of the each amount transferred by this section is des- and personal security, and facilities renovation Interior and Related Agencies Appropriations ignated as an emergency pursuant to section and construction: Provided, That the authority Act, 2001 (42 U.S.C. 1701 note), concerning Serv- 3(c)(1) of H. Res. 5 (112th Congress) and as an made by this section shall continue in effect ice First authorities, shall continue in effect emergency requirement pursuant to section through the date specified in section 106(3) of through the date specified in section 106(3) of 403(a) of S. Con. Res. 13 (111th Congress), the this Act: Provided further, That section 9014 of this Act. concurrent resolution on the budget for fiscal division A of Public Law 112–10 shall not apply SEC. 133. Notwithstanding section 101, section year 2010. 1807 of Public Law 112–10 shall be applied by to funds appropriated by this Act. SEC. 126. (a) Notwithstanding section 101, SEC. 117. Notwithstanding section 101, funds substituting ‘‘$374,743,000’’ for ‘‘$363,843,000’’ amounts are provided for ‘‘Department of Home- made available in title IX of division A of Public and ‘‘$10,900,000’’ for ‘‘$3,000,000’’. land Security—Federal Emergency Management Law 112–10 for ‘‘Overseas Contingency Oper- SEC. 134. The second proviso of section Agency—Disaster Relief’’ at a rate for oper- ations’’ shall be available at a rate for oper- 1801(a)(3) of Public Law 112–10 is amended by ations of $2,650,000,000: Provided, That the Sec- ations not to exceed the rate permitted by H.R. striking ‘‘appropriation under this subpara- retary of Homeland Security shall provide a full 2219 (112th Congress) as passed by the House of graph’’ and inserting ‘‘appropriations made accounting of disaster relief funding require- Representatives on July 8, 2011. available by this Act’’. ments for such account for fiscal year 2012 not SEC. 118. The authority provided by section SEC. 135. Notwithstanding section 101, later than 15 days after the date of the enact- 127b of title 10, United States Code, shall con- amounts are provided for ‘‘Federal Mine Safety ment of this Act, and for fiscal year 2013 in con- tinue in effect through the date specified in sec- and Health Review Commission—Salaries and junction with the submission of the President’s tion 106(3) of this Act. Expenses’’ at a rate for operations of budget request for fiscal year 2013. SEC. 119. The authority provided by section $14,510,000. (b) The accounting described in subsection (a) 1202 of the John Warner National Defense Au- SEC. 136. Sections 399AA(e), 399BB(g), and for each fiscal year shall include estimates of thorization Act for Fiscal Year 2007 (Public Law 399CC(f) of the Public Health Service Act (42 the following amounts: 109–364; 120 Stat. 2412), as extended by section (1) The unobligated balance of funds in such U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- 1204(b) of the Duncan Hunter National Defense account that has been (or will be) carried over plied by substituting the date specified in sec- Authorization Act for Fiscal Year 2009 (Public to such fiscal year from prior fiscal years. tion 106(3) of this Act for ‘‘September 30, 2011’’. Law 110–417; 122 Stat. 4623), shall continue in (2) The unobligated balance of funds in such SEC. 137. Notwithstanding section 101, section effect through the date specified in section account that will be carried over from such fis- 2005 of division B of Public Law 112–10 shall be 106(3) of this Act. cal year to the subsequent fiscal year. applied by substituting ‘‘$0’’ for each dollar SEC. 120. Notwithstanding section 101, (3) The amount of the rolling average of non- amount. amounts are provided for ‘‘Defense Nuclear Fa- catastrophic disasters, and the specific data SEC. 138. The Export-Import Bank Act of 1945 cilities Safety Board—Salaries and Expenses’’ at used to calculate such rolling average, for such (12 U.S.C. 635 et seq.) shall be applied by sub- a rate for operations of $29,130,000. fiscal year. stituting the date specified in section 106(3) of SEC. 121. Notwithstanding any other provision (4) The amount that will be obligated each this Act for ‘‘September 30, 2011’’ in section 7 of of this Act, except section 106, the District of Co- month for catastrophic events, delineated by such Act of 1945. lumbia may expend local funds under the head- event and State, and the total remaining fund- SEC. 139. Section 209 of the International Reli- ing ‘‘District of Columbia Funds’’ for such pro- ing that will be required after such fiscal year gious Freedom Act of 1998 (22 U.S.C. 6436) shall grams and activities under title IV of H.R. 2434 for each such catastrophic event for each State. be applied by substituting the date specified in (112th Congress), as reported by the Committee (5) The amount of previously obligated funds section 106(3) of this Act for ‘‘September 30, on Appropriations of the House of Representa- that will be recovered each month of such fiscal 2011’’. tives, at the rate set forth under ‘‘District of Co- year. SEC. 140. Commitments to guarantee loans in- lumbia Funds—Summary of Expenses’’ as in- (6) The amount that will be required in such curred under the General and Special Risk In- cluded in the Fiscal Year 2012 Budget Request fiscal year for emergencies, as defined in section surance Funds, as authorized by sections 238 Act of 2011 (D.C. Act 19–92), as modified as of 102(1) of the Robert T. Stafford Disaster Relief and 519 of the National Housing Act (12 U.S.C. the date of the enactment of this Act. and Emergency Assistance Act (42 U.S.C. 1715z–3 and 1735c), shall not exceed a rate for SEC. 122. Notwithstanding section 101, 5122(1)). operations of $25,000,000,000: Provided, That amounts are provided for the necessary expenses (7) The amount that will be required in such total loan principal, any part of which is to be of the Recovery Accountability and Trans- fiscal year for major disasters, as defined in sec- guaranteed, may be apportioned through the parency Board, to carry out its functions under tion 102(2) of the Robert T. Stafford Disaster Re- date specified in section 106(3) of this Act, at title XV of division A of the American Recovery lief and Emergency Assistance Act (42 U.S.C. $80,000,000 multiplied by the number of days and Reinvestment Act of 2009 (Public Law 111– 5122(2)). covered in this Act. 5), at a rate for operations of $28,350,000. (8) The amount that will be required in such SEC. 141. (a) RENEWAL OF IMPORT RESTRIC- SEC. 123. (a) Section 9(m) of the Small Busi- fiscal year for fire management assistance TIONS UNDER BURMESE FREEDOM AND DEMOC- ness Act (15 U.S.C. 638(m)) shall be applied by grants, as defined in section 420 of the Robert T. RACY ACT OF 2003.— substituting the date specified in section 106(3) Stafford Disaster Relief and Emergency Assist- (1) IN GENERAL.—Congress approves the re- of this Act for ‘‘September 30, 2011’’. ance Act (42 U.S.C. 5187). newal of the import restrictions contained in

VerDate Mar 15 2010 05:44 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 6333 E:\CR\FM\A22SE7.039 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6402 CONGRESSIONAL RECORD — HOUSE September 22, 2011 section 3(a)(1) and section 3A (b)(1) and (c)(1) of emergency funding. In addition to the lives after floods, hurricanes, wildfires the Burmese Freedom and Democracy Act of $1.5 billion offset from the vehicle loan and other natural disasters should be 2003. program, we are rescinding $100 million put on hold until Congress can agree on (2) RULE OF CONSTRUCTION.—This section shall be deemed to be a ‘‘renewal resolution’’ for from the Innovative Technology Loan offsetting reductions in spending. We purposes of section 9 of the Burmese Freedom Guarantee Program, a section of the will continue to vote ‘‘no’’ because the and Democracy Act of 2003. failed Stimulus Act that funded the bill continues to acquire an offset to (b) PAYGO COMPLIANCE.—The budgetary ef- now-bankrupt company Solyndra. provide disaster relief funding, and fects of this section, for the purpose of com- The CR also continues government that offset is misguided. Republicans plying with the Statutory Pay-As-You-Go Act of operations at a rate of $1.043 trillion. take $1.5 billion from the Advanced 2010, shall be determined by reference to the lat- That’s the amount agreed to by the Technology Vehicle Manufacturing est statement titled ‘‘Budgetary Effects of Congress and the White House in Au- program at the Department of Energy PAYGO Legislation’’ for this section, submitted gust as part of the debt ceiling com- for printing in the Congressional Record by the to pay for $1 billion in disaster relief. Chairman of the House Budget Committee, pro- promise, and it is on the law books of The Advanced Technology Vehicle vided that such statement has been submitted the country. This reduced responsible Manufacturing program was started in prior to the vote on passage. rate will help restore our Nation’s fis- 2008 to reinvigorate American manu- (c) EFFECTIVE DATE.—This section shall take cal health. facturing. To date, the program has effect on July 26, 2011. It is vital that Congress pass this leg- awarded $3.5 billion of credit subsidy to (d) APPLICABILITY.—This section shall not be islation as swiftly as possible. We must promote energy-efficient advanced ve- subject to any other provision of this Act. prevent a government shutdown, and hicles and their component parts. The SEC. 142. Effective on the date of the enact- ment of this Act, of the unobligated balances re- we have to replenish exhaustive dis- Department of Energy estimates the maining available for ‘‘Department of Energy— aster recovery funds which will dry up loan guarantees have created or main- Energy Programs—Title 17-Innovative Tech- over the weekend. And just as impor- tained 39,000 jobs in California, Dela- nology Loan Guarantee Program’’ pursuant to tantly, we need time to complete work ware, Illinois, Indiana, Kentucky, Ohio, title IV of division A of Public Law 111–5, on the fiscal year 2012 appropriations Michigan, Missouri, and Tennessee. $100,000,000 is rescinded. legislation so we can avoid the uncer- Some have suggested that this pro- This Act may be cited as the ‘‘Continuing Ap- tainty and instability that we saw last gram has been slow to spend emer- propriations Act, 2012’’. year when it took us until April to gency funding provided in the FY 2000 The SPEAKER pro tempore. Pursu- complete full-year appropriations leg- CR. I say the loan process ought to be ant to House Resolution 412, the mo- islation. strenuous. One company originally ap- tion shall be debatable for 1 hour, I urge my colleagues to vote for this plied under a different loan program in equally divided and controlled by the bill, not only to keep the government 2006 and received an ATVM loan in chair and ranking minority member of running, but also to help the hundreds 2010. It required 4 years of due diligence the Committee on Appropriations. of thousands of Americans relying on and review to qualify for the loan. Re- The gentleman from Kentucky (Mr. us to get them back on their feet all publicans seem to be issuing an ulti- ROGERS) and the gentleman from Wash- across the country. matum to all loan programs: expedite ington (Mr. DICKS) each will control 30 I reserve the balance of my time. the review process or see your funding minutes. Mr. DICKS. I yield myself such time transferred away. By the way, the com- The Chair recognizes the gentleman as I may consume. pany in question, Tesla, employed from Kentucky. Mr. Speaker, I know as well as any- about 400 employees before receiving Mr. ROGERS of Kentucky. I yield one that Members change their minds. the loan. Today, they have 1,400 em- myself such time as I may consume. I’ve heard a lot about that the last cou- ployees in the field of engineering re- Mr. Speaker, I rise tonight to bring ple of days. But here we are debating search and development, design, manu- to the floor the continuing appropria- essentially the same bill that we voted facturing, assembly, maintenance, and tions resolution to keep the Federal on yesterday. Many Republicans who service, sales and support. Government operating until November voted ‘‘no’’ last night did so because The ATVM program has an addi- 18, 2011. Before you is a slightly amend- they believed $1.043 trillion is too much tional 18 loan applications in progress ed version of the bill, which is nec- spending. The bill before us tonight that are projected to create 50,000– essary after last night’s vote. I hope spends $1.043 trillion. 60,000 more jobs in California, Florida, that my colleagues recognize the ur- I will be the first to say every Mem- Illinois, Indiana, Louisiana, Michigan, gency of this situation and will join me ber is entitled to change his or her Missouri, and Ohio. One pending appli- in taking the responsible step and sup- mind; however, I am eager to hear my cation would support investments at 11 port this CR. Republican colleagues who voted ‘‘no’’ plants in Illinois, Indiana, Michigan, This bill must pass if we’re going to yesterday answer why it is okay to and Ohio. The company employs over keep our word to the American people. vote ‘‘yes’’ today. And I hope these 56,000 workers, having added nearly We need to get help to Americans who Members will not hang their hat on the 9,000 new workers since 2009. Some of need it most, those who have lost their one fig leaf of change in the bill. The these jobs will be at risk because of homes and their businesses to the un- bill now includes a rescission of $100 this offset. forgiving natural disasters that have million in emergency funding from sec- This is not the time to put American beset us. tion 1705 of the renewables DOE loan manufacturing jobs at risk. FEMA is rapidly burning through its program. A rescission of emergency emergency funding and its ability to funds does not score as a reduction b 2330 help those people recover from the tor- from the $1.043 trillion. That is why the National Association nados, hurricanes, earthquakes, Democrats voted ‘‘no’’ for two rea- of Manufacturers expressed their sup- wildfires and other disasters. sons: we strongly oppose taking fund- port for the ATVM program in a letter Right now, at this minute, FEMA has ing from the Advanced Technology Ve- to the Senate dated September 22, not- $200 million left in the coffer. They’re hicle Manufacturing program. This is a ing, ‘‘The ATVM program is an exam- spending at the rate of $30 million a program that has proven to be a suc- ple of what government/industry part- day for disaster relief. And at this rate, cess in creating new jobs, and such a nerships can accomplish. It has helped of course, they will be out of money success that the National Association create and preserve thousands of auto over the weekend. of Manufacturers and the Chamber of sector jobs. The NAM believes This infusion of funding—$1 billion in Commerce of the United States have defunding ATVM will hurt manufactur- emergency fiscal year 2011 disaster both called upon the Congress to not ers and their employees.’’ And the funding and $2.65 billion for fiscal cut out this program because, one, the Chamber of Commerce agrees with 2012—is critical. I can’t stress that money is repaid, and it is creating them. enough. And it will go far to relieve the jobs—something the majority has not Now, I think it’s time for us to stay burdens of those who are in need to- done in the months that they’ve been with our position and vote ‘‘no’’ and night. in the majority. This is a jobs program. get a clean CR. That’s what I asked the This version of the bill creates an ad- We strongly oppose the notion that committee to do. We need a clean CR. ditional offset to the fiscal year 2011 efforts to help Americans rebuild their We don’t need this offset.

VerDate Mar 15 2010 05:44 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A22SE7.039 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6403 I reserve the balance of my time. Now, anybody who’s been watching Mr. ADERHOLT. I thank the distin- Mr. ROGERS of Kentucky. Mr. this Congress for the last 8 months guished chair for yielding. Speaker, I yield 2 minutes to the gen- should not be the least surprised by the Mr. Speaker, I rise in strong support tleman from Virginia (Mr. WOLF), the majority’s decision. Once again, Repub- of this must-pass resolution. This CR distinguished chairman of the Com- licans have put partisan ideology ahead not only keeps the government oper- merce, Justice, Science Subcommittee of the dire needs of the American peo- ating, but it provides a substantial in- on Appropriations. ple and are risking yet another desta- fusion of desperately needed funding Mr. WOLF. Thank you, Mr. Chair- bilizing standoff over spending cuts in totaling $3.65 billion for disaster relief man. the process. and emergency flood control efforts. I rise in strong support of H.R. 2608, So now we’re debating, under a mar- to provide the continuing resolution That’s funding to sustain disaster re- tial-law rule, a bill that is even worse lief efforts in hard-hit States all across for the initial weeks. And I want to be than it was yesterday. It still seeks to sure that we keep the government this Nation, including the devastation pay for urgent disaster relief needs by that hit my home State of Alabama open. And by passing this bill, we will taking money from a major job-cre- keep the government open. back in April of this year. That’s fund- ating program at the Department of ing to address the record flooding up This bill is needed to keep vital gov- Energy. ernment services and programs oper- and down the and As I said in this Chamber yesterday, along the east coast resulting from ating past the end of the fiscal year on this is a radical departure from the September 30. As the gentleman from Hurricane Irene. That’s funding to help way we have treated emergency dis- tens of thousands of people who have Kentucky has stated, the Committee aster relief in the past. Over the past 10 on Appropriations has made great lost virtually everything but the shirts years, Congress has approved 16 on their backs. progress in moving 11 of the 12 annual supplementals that included emer- bills. However, additional time is need- gency funding for FEMA disaster relief Mr. Speaker, the time for talk and ed for the consideration of the other. in response to disasters such as 9/11, the time for politicking is over. It’s This continuing resolution, for any- Katrina, Rita, Gustav, and Ike, and time to pass this vital resolution, pro- one who questions it, conforms to the vide our Nation with necessary disaster spending reduction targets that were floods on the Mississippi, Missouri, and other rivers. None of these emergency relief funding, avert a government agreed to by the House, the Senate, shutdown, allow Congress to scrub the and the White House. It’s exactly the appropriations for the disaster relief fund were paid for with cuts to other administration’s full disaster supple- same number, and so no reason to vote mental request, provide the needed against it. Specifically, the bill sets an Federal programs. Yesterday I heard several of my oversight, and complete the work on annual rate that reduces overall discre- the FY 2012 budget. tionary spending by 1.5 percent from friends on the other side of the aisle claim that we’ve offset disaster assist- Mr. Speaker, I urge my colleagues to fiscal year 2011. support this vital resolution and re- In addition, the bill provides disaster ance numerous times over the past dec- sponsibly address our Nation’s most funding to provide much-needed assist- ade. This is simply not accurate. Some pressing needs. ance to individuals and communities of the supplemental bills that included suffering from hurricane and flood disaster relief also included offsets, but Mr. DICKS. I yield 4 minutes to the damage. The State of Virginia has been these offsets were used to pay for en- distinguished gentleman from Indiana hit, as many others. tirely separate programs, never for (Mr. VISCLOSKY), the ranking member I urge all my colleagues to vote for FEMA’s Disaster Relief Fund. of the Energy and Water appropria- this bill. By voting for the bill, we will As I said yesterday, this insistence tions subcommittee. keep the government open. on offsets is bad precedent, and it’s bad Mr. VISCLOSKY. I thank the gen- The American people sometimes policy. It leaves disaster-affected com- tleman for yielding, and I rise in oppo- think this institution and this town is munities in the lurch while under- sition to the measure. dysfunctional. We can ensure that we mining our economic recovery by During the debate on the rule on this can do our work. Pass this bill. cannibalizing an Energy Department measure, Joplin, Missouri was men- Mr. DICKS. I yield 4 minutes to the program that stands to add tens of tioned quite often. But I would men- gentleman from North Carolina (Mr. thousands of good-paying jobs in an in- tion that there is an emergency as far PRICE), the ranking member on the dustry critical to our future economic as Tuscaloosa, Alabama, is concerned; Homeland Security Appropriations competitiveness. Hamburg, Iowa, is concerned; Cairo, Il- Subcommittee and former chair. And it goes even further than that by linois, is concerned; Springfield, Mas- Mr. PRICE of North Carolina. Mr. including a gratuitous and arbitrary sachusetts, certainly; Joplin, Missouri; Speaker, here we go again. Just yester- rescission to another Department of Smithville, Mississippi; Williston, day this continuing resolution failed Energy loan program, a change aimed North Dakota; States like Vermont. because of widespread concerns with at scoring political points against the Subsequent to the rains and floods of the plan to offset disaster relief fund- President and winning Tea Party this spring, we’ve had earthquakes, ing from a key Department of Energy votes. But it has very little to do with we’ve had wildfires, we had hurricanes. program. One day later we’re having balancing the budget or providing re- the exact same debate. The only thing lief for those in need. The current need of the Army Corps that’s changed is that the Republican Moreover, rather than approving a is about $2.257 billion, so the first ob- majority has decided this time to tar- bill that would win passage in the Sen- servation I would make is the offsets get two Energy Department programs ate, we are now sending over a measure that are set aside in this bill are cer- instead of one. that the Senate majority is on record tainly inadequate to cover that When the measure failed yesterday, opposing, causing more economic un- amount. House Republican leaders faced a basic certainty, risking yet another manu- But there is a further emergency in decision. They could give up their ef- factured crisis. this country, and that is the fact that, forts to hold disaster funding hostage So, Mr. Speaker, I once again urge as of August of this year, there were to another partisan budget battle by colleagues to oppose this measure, to 13,967,000 Americans who were without removing the offset and passing the bill support the Senate’s approach to dis- work. In the year 2000, 8 percent of the with a broad bipartisan majority. aster relief instead, which would fully people who live in the great State of Or they could make the measure even fund FEMA’s needs without holding Indiana were living in poverty. Today, more extreme in order to cater to the them hostage to another partisan 16 percent of the people in the State of most radical members of their party, budget battle. Indiana are living in poverty, and for without concern for the fact that Mr. ROGERS of Kentucky. Mr. those we represent who are working FEMA is just days away from running Speaker, I yield 2 minutes to the gen- today, for 1 hour’s worth of their labor, out of money, and communities around tleman from Alabama (Mr. ADERHOLT), they’re making 53 cents less today in the country are waiting desperately for chairman of the Homeland Security real purchasing power than they did in the support that’s been promised them. Subcommittee on Appropriations. 1977.

VerDate Mar 15 2010 06:03 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.126 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6404 CONGRESSIONAL RECORD — HOUSE September 22, 2011 b 2340 represent, the people who have been The National Association of Manu- Today, there are 6,643,000 less Ameri- devastated by floods. People like facturers in today’s National Journal cans working in manufacturing making friends and neighbors, seniors and chil- says that we now, as we have, lead the a living wage than there were in 1977. dren in the 10th Congressional District world in manufacturing with 21 percent So the response is let’s take $1.5 bil- of Pennsylvania and on the east coast. of globally manufactured products. But lion out of an investment account It is heartbreaking and it is heart China is now in second place at 15 and where there are still 10 pending appli- wrenching. You must see it firsthand Japan has dropped to third at 12. Why cations to try to make cars in this to understand it. would we want to concede our leader- country more efficiently, more fuel ef- The Federal Government’s main pur- ship in this world in manufacturing? ficient, and more desirable for con- pose is to protect its citizens from dis- In the Republican decade under the sumers. aster, both from terrorism and from Bush White House we lost 350,000 manu- But earlier tonight we heard, Don’t natural disasters. facturing jobs. We saw tens of thou- worry; the Chinese are going to help My staff and I stood in mud, waste, sands of small manufacturers close our car companies with financing. I’m and stagnant water over the last 3 down in our Nation. Now, this adminis- weeks along with families who lost ev- affronted by that possibility. That’s tration, people talk about the number erything: furniture, clothes, photos, why we need this $1.5 billion so maybe in August, but let’s look at the entire toys stacked outside of their homes we could still make cars in the United 20 months of the Obama recovery—21⁄2 that were destroyed or condemned. If States of America without the help of million jobs led by increases consist- each of you stood where I stood, I know the Chinese Government. ently in manufacturing. I think this is a wrongheaded ap- in my heart that because you are com- I ask that we reject this CR. I hope passionate, this bill would have been proach. that the majority would come to the And then let’s pile on. There’s obvi- passed by now. House with an approach that would ac- I tried to comfort children who were ously a controversy about a solar com- tually respond to the disasters that we sitting in cars or on car rooftops and in pany in California. I think perhaps it is face without asking us to put more truck beds because they could not get a matter to be considered not only by Americans out of work. into their home that was condemned oversight in the United States Con- Mr. ROGERS. I yield 3 minutes, Mr. and filled with the same stagnant mud gress but the Justice Department. But Speaker, to the chairman of the Finan- and water and waste and snakes that that’s not a decision for us to make if cial Services Subcommittee on Appro- were outside their homes. I talked to priations, the gentlelady from Missouri wrongdoing has occurred. But you grown men that were crying because (Mrs. EMERSON). know what? Let’s take it out on some- their homes were destroyed and asked Mrs. EMERSON. Thank you very body else. Let’s make sure there is not me, Where am I going to safely put my much. money available for other legitimate family tonight? companies who are trying to increase A little girl not more than 8 years Mr. Speaker, I rise in support of the jobs in this country and who are trying old asked me where she was going to resolution. It is a responsible measure. to reduce our dependency on foreign sleep because she no longer had her bed It makes good on the promises we must oil. and her bedroom in which she and her keep to members of our military, to That wasn’t the response I saw in sister slept. our veterans, and to Americans who this body in 2008. We had the major fi- Seniors were trapped on the second rely upon the essential functions of the nancial institutions in this country floor of their home because the first Federal Government. drive our economy into the ground. Did floor was flooded. Small businesses It cares for the needs of millions of we ask them to give back their tax ad- were completely wiped out. Americans who have suffered from the vantages? Did we punish them in any I plead with you, I implore you, I beg effects of dramatic natural disasters, way? We gave them money. We should you to pass this flood relief now for our including the folks in my State of Mis- at least pick on somebody our own size. people who do not have the basic com- souri who live in Joplin, who live along We didn’t ask anybody in Iraq or Af- forts that those of us here have. The the Mississippi in my specific district, ghanistan whether or not they needed American people are depending on us who live along the Missouri River in an offset for emergency money for to give them a hand up, and they de- the northern part of our State. schools, for hospitals, for bridges. The serve our immediate attention. b 2350 people in Joplin, the people in Mr. DICKS. Mr. Speaker, I yield 2 Vermont, the people in these other minutes to the ranking member of the These folks can’t wait another day communities, they need our help now. Commerce, Justice, Science Sub- for help because people are playing pol- Traditionally, we have recognized the committee, Mr. FATTAH of Pennsyl- itics with this bill. The House and the emergency, we have declared the emer- vania. Appropriations Committee are dedi- gency, and we have helped them out. Mr. FATTAH. If we could have a vote cated to a responsible process, and this And when was President to provide disaster relief, every Mem- bill reflects the amount of time needed of the United States, we declared emer- ber in this Chamber would cast a vote to complete that work. gencies like this on three occasions in in the affirmative. What we’re asked to I think we’ve realized this year on 1998, 1999, and 2001, and we balanced the make tonight is a Solomon-like choice both sides of the aisle that we have to budget. between tens of thousands of jobs for bring the size and the spending of the I oppose this measure. Americans who desperately need them Federal Government into line with re- Mr. ROGERS. I yield 3 minutes to a and a limited amount of disaster relief. ality. In the hearings and markups brand new Member of this body, Mr. That is not a fair choice. that we’ve conducted in the House and Speaker, Mr. MARINO of Pennsylvania. And I guess the majority wasn’t in the negotiations to make specific Mr. MARINO. My father taught me a happy with the polling that showed and significant spending cuts, not only long time ago not to make a speech or that only 12 percent of the public this year but also in each of the next give an opinion unless I thought it was thought that Congress was doing a 10, and through the budget process, we important. I think tonight it’s impor- good job or 13 percent. We dropped to have laid the groundwork for a new era tant, and I hope that you also think 12. I guess we’re trying to get into the of stewardship for our taxpayer dollars. it’s important. single digits. In addition to our covenant with I would never question anyone’s mo- What we need to do is to do our work. members of the military, with vet- tives and ideals. However, we are here Now, this is a program where Ford erans, with the families depending on a tonight to meet the immediate needs Motor Company borrowed a loan guar- helping hand up, and for Americans of the people that we represent. antee at 5.9 to put people to work, who are really suffering from true This vote is not about politics. This some 30,000 people to work in Michigan emergencies that have devastated their vote is not about Republicans or Demo- and Illinois, Kentucky, Missouri, Ohio. homes, like Mr. MARINO said—their crats. This vote is not about cut or not This is a program that’s working, that jobs and their lives—we do have a re- cut. This vote is about coming to the taxpayers’ money is paid back through sponsibility to the American taxpayer aid of the American people whom we these loan guarantees. and to future generations who cringe

VerDate Mar 15 2010 06:03 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.128 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6405 at the sight of our debt and our defi- Party, says: ‘‘As Congress sets spend- Mr. DICKS. Will the gentleman cits. ing priorities, the Chamber wishes to yield? Mr. Speaker, this bill allows us to highlight a few important facts about Mr. SIMPSON. I would be happy to work in good faith, to make good on the Advanced Technology Vehicle Man- yield to the gentleman from Wash- both our promises and our responsibil- ufacturing loan program. ington. ities. I urge my colleagues on both ‘‘First, the program was authorized Mr. DICKS. I didn’t put out a press sides of the aisle to, once again, put in the Energy Independence and Secu- release, but I’ll tell you one thing. I lis- politics aside and support it here to- rity Act of 2007, which was supported ten. I listen to the Chamber of Com- night. by both Republicans and Democrats as merce and to the National Association Mr. DICKS. Would the Speaker tell an important step in reducing Amer- of Manufacturers. I listen. us how much time both sides have. ica’s dependence on oil from unstable Mr. SIMPSON. I reclaim my time. The SPEAKER pro tempore. The gen- regimes. Mr. Speaker, I rise tonight in support tleman from Washington has 141⁄2 min- ‘‘Second, ATVM loans, which will be of this continuing resolution. This CR utes left, and the gentleman from Ken- repaid with interest, incentivize auto- is vital to keeping our government op- tucky has 18 minutes left. makers and suppliers to build more erating over the next 7 weeks while Mr. DICKS. I yield myself such time fuel-efficient advanced technology ve- Congress completes its work on next as I may consume. hicles in the U.S., providing new oppor- year’s budget. Today was a very dramatic day on tunities for American workers in a sec- It’s worth reminding Members that the stock market. The Dow Jones tor of the economy that is critical to tonight this CR actually reduces spend- dropped 500 points because investors the Nation’s recovery. ing from last year’s enacted levels and are worried that we’re headed into a ‘‘Third, the fact that the Department saves taxpayers billions of dollars. The second recession; and what we get from of Energy has yet to use the funds Con- irony is that voting against this CR is the majority party is to cut out a pro- gress appropriated for the program is actually a vote for more spending. If gram that creates jobs. The Advanced not the fault of industry. Numerous you want to reduce government spend- Technology Vehicle Manufacturing loan applications have been in the program has already created 39,000 ing, then you should vote for this CR. queue for years, waiting for the admin- jobs. It’s going to create another 39,000 It’s pretty simple, really. with the $2.5 billion that remains, and istration to complete its due dili- FEMA’s coffers for disaster assist- the $1.5 billion that we’re taking out of gence.’’ ance are about to run dry. There is no That line started in the previous ad- there would create another 10,000 jobs. such thing as a Republican natural dis- ministration. So this is a jobs program. These are jobs. The only way we’re aster or a Democrat natural disaster. I say to the gentleman from Pennsyl- going to get unemployment down is to The last thing Congress should do is vania, we want to take care of those put people back to work. hold up disaster assistance because of And here we are again. After sav- people who have suffered disasters. We partisan politics. We need to approve aging all these other programs—cut- want to take care of them. We will this CR tonight and get the relief to ting people out of work in the public take care of them, but we also want to those in need as quickly as humanly sector—now we’re going to cut out provide jobs for Americans who are un- possible. automobile jobs. Let me read to you employed. If I were in your shoes, I’d Now, I’ve got to tell you, in all hon- what the National Association of Man- support jobs for workers and also take estly, I’m not one of those people who ufacturers has to say, which is not an care of those people who are suffering believes that we have to offset every organ of the Democratic Party: because of a disaster. emergency. We have done some in the ‘‘The NAM is the largest trade asso- Now, these are Republican-leaning past—some we have not—but in the ciation in the United States, rep- organizations. They get it. Just vote past, we have not had a $14 trillion def- resenting over 11,000 small, medium ‘‘no,’’ and let’s get a clean bill and do icit. That’s the danger to this country and large manufacturers in all 50 the right thing for the country. is the $14 trillion deficit and the $1.6 States. We are the leading voice for the I reserve the balance of my time. trillion we add to it every damned manufacturing economy, which pro- Mr. ROGERS of Kentucky. I yield 3 year. vides millions of high-wage jobs in the minutes, Mr. Speaker, to the chairman I’ve got to admit, this is only $1 bil- U.S. Two-thirds of our members are of the Interior appropriations sub- lion. But do you know what? Some peo- small businesses, which serve as the committee, the gentleman from Idaho ple say, Oh, that’s only $1 billion. I engine for job growth. Our mission is (Mr. SIMPSON). heard one Member say yesterday it was to enhance the competitiveness of Mr. SIMPSON. I thank the gen- nickels and dimes. In Idaho, $1 billion manufacturers and improve American tleman for yielding. is not nickels and dimes. We did not living standards by shaping a legisla- I loved listening to the gentleman get into this situation a trillion dollars tive and regulatory environment con- from Washington’s debate. Now, if the at a time. We got here a million and a ducive to U.S. economic growth. gentleman wants to really create some billion dollars at a time, and that’s ‘‘The NAM is writing to express our jobs in this country, we can create how we’re going to get out of this situ- support for the Advanced Technology hundreds of thousands, if not millions, ation. So let’s do our job and do what’s Vehicle Manufacturing program—’’ of jobs if we’ll start getting oil going right for the country and get this def- this is the program that we’re taking back in the gulf and permitted. The icit under control; and if we can offset $1.5 billion out of ‘‘—authorized under gentleman talked about not being so it, let’s offset it. the Energy Independence and Security reliant on foreign oil. We’ve got rigs b 0000 Act of 2007 with bipartisan support and right now that were in the gulf that are signed into law by President Bush. The off the coast of Africa because they ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ATVM program is an example of what can’t get permitted in the gulf. Now, do The SPEAKER pro tempore. The government/industry partnerships can you want to create millions of jobs? Chair will remind the Members to re- accomplish. It has helped create and Join us on that, and let’s create mil- frain from using profanity in debate. preserve thousands of auto sector jobs lions of jobs. Mr. DICKS. I yield 4 minutes to the and put our Nation on a path towards The gentleman talked about, geez, he distinguished ranking member of the greater energy security. The NAM be- just doesn’t understand how people Natural Resources Committee, the gen- lieves defunding ATVM will hurt man- could change their votes. People actu- tleman Massachusetts (Mr. MARKEY). ufacturers and their employees.’’ ally sometimes learn more information Mr. MARKEY. This is not a debate I mean, if you had to go out and find and decide that they were wrong the over compassion. This is not a debate a business group in this country that time before and that now they’ll over who cares more about the people has more credibility, I don’t know change their votes, just like some peo- in Joplin or the people in Vermont. what it would be. It’s the National As- ple on that side of the aisle who actu- This is a debate about what the Repub- sociation of Manufacturers. ally issue press releases saying that licans, what the Tea Party has decided The Chamber of Commerce, which is they were going to support this CR and to use as an excuse, as a guise to finish also not an organ of the Democratic then change their minds. That’s okay. off the revolution that the Democrats

VerDate Mar 15 2010 06:03 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.130 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6406 CONGRESSIONAL RECORD — HOUSE September 22, 2011 have put in place that changes our re- Don’t they all create jobs, these al- Walmart, and Walmart has a long his- lationship with where we get our en- ternative energy programs? So instead tory of supporting Republican can- ergy from. of just having the automobile program didates. And I will just say, I will just Big Oil and Big Coal have fought that creates jobs cut by $1.5 billion, say they invested, I think, $3 or $400 solar, wind, all-electric vehicles, bio- now they are taking $100 million out of million. So there was a lot of private mass, geothermal, that entire revolu- another program that creates jobs for sector investment here, too. tion because they know that it will eat the American people, so this is a dou- I appreciate it. into their profits. ble header. Mr. DIAZ-BALART. I reclaim my So a disaster occurs that each of us Mr. MARKEY. They could have time. wants to respond to. The Republicans, taken this money out of the $41 million Despite what the gentleman says, responding to the oil and coal industry, of gas breaks for the oil and gas indus- Mr. Speaker, the previous President’s say this is our chance to kill the revo- try, but, no, they take it out of solar, administration denied the funding for lution that makes it possible to have they take it out of wind. Solyndra because they knew it was a vehicles go 50, 60, 80, 100 miles a gallon And by the way, wind and solar, with scam, regardless of anything else. This without oil, no oil, that makes it pos- the same amount of money, creates administration did that. sible for us to have wind and solar gen- five times more jobs than an invest- Now, the reason we have to support erate the electricity that will fuel ment in fossil fuels does. So they keep this CR—let’s cut politics aside. Let’s those vehicles without sending green- the money in for the programs that not talk about revolutions of money house gases up into the atmosphere, create three to five times less jobs than blown like stimulus money, that was which is changing our climate and the program they are knee-capping blown. The reason this CR makes sense leading to these storms, leading to here this evening. That’s what this is because there are people who are suf- these floods, leading to these disasters vote is all about. fering from natural disasters. This CR that then needs FEMA, need the relief Mr. ROGERS of Kentucky. Will the funds that program and it helps them that we give to these families. So they gentleman yield? out. And the reason this is important is take the chance, they take the oppor- Mr. MARKEY. I yield to the gen- because it controls the size and the tunity to kill the very programs which tleman from Kentucky. cost of the Federal Government that is are the solution to these disasters Mr. ROGERS of Kentucky. Is totally out of control. which are being created here in our Solyndra part of the revolution that So no more gimmicks, no more give- country and around the world, the the gentleman is talking about? aways to friends of friends because of agenda of Big Oil and Big Coal. Mr. MARKEY. Solyndra will receive high pressure. And the temerity of it all is that no money under this program. Let’s pass this CR so we can keep the Who will receive this money? Indiana they know that the automotive pro- government rolling, so we can slow will receive the money. down the growth of government, and so gram has already created 39,000 jobs in The SPEAKER pro tempore. The our country over the last 3 years and we can help the victims without cor- time of the gentleman has again ex- ruption of those who have friends in that this one cut that they are talking pired. about tonight will kill 10,000 jobs over high places. Mr. DICKS. I yield the gentleman 15 Mr. DICKS. I reserve the balance of the next year. In the solar industry— additional seconds. my time. and, by the way, they cut out $100 mil- The program was started under the Mr. ROGERS of Kentucky. Mr. lion in solar and wind guarantees as previous administration, the Bush ad- Speaker, I yield 2 minutes to a valued well. ministration. The last day they tried member of our committee, the gen- Right now, ladies and gentlemen, to force it out, to have it approved, and tleman from Pennsylvania (Mr. DENT). there are 85,000 jobs in the wind indus- it was turned down by the good staff at Mr. DENT. Mr. Speaker, I too rise in try, almost all of them created in the the Department of Energy. support of this continuing resolution. last 4 years. There are 85,000 jobs in the Mr. MARKEY. So they will not re- It will fund the government through coal industry. In other words, in the ceive a nickel under this program. The November 18. It takes care of many of last 5 years, wind now equals the entire oil and gas industry will receive that our disaster needs. coal industry. There are 100,000 jobs in money as they tip the people of our As you heard from my colleague so the solar industry, and last year we country upside down and shake the eloquently, Mr. MARINO of Pennsyl- were a net exporter to China; 100,000 money out of their pockets. vania, you heard about the plight of so jobs in solar, 85,000 jobs in wind, and it Mr. ROGERS of Kentucky. I yield 2 many people in towns like Shickshinny is the future. minutes to the gentleman from Florida and West Pittston who are living in the The oil industry laid off 20,000 em- (Mr. DIAZ-BALART) a valued member of front yard in the cars. People are bro- ployees over the last 3 years. Let us our committee. ken. Communities have been ruined, talk here about future, about young Mr. DIAZ-BALART. Mr. Speaker, and so we need to pass this bill. people, about this planet, about back- what the previous gentlemen did not I urge you to support this bill. ing out the oil from OPEC so we can say is that Solyndra received $500 mil- 0010 tell them we don’t need their oil any lion because they have friends in high b more than we need their sand. That’s places. Despite even people in this ad- I’ve heard a lot of talk tonight about what this debate is about tonight. ministration who said don’t do it, they manufacturing. My dad’s family spent And under the guise, with these croc- received $500 million. If that was in a 100 years making industrial hardware odile tears of how much they care different country, we wouldn’t call it in Pennsylvania. If you really care about the victims, as though it’s any waste; we would call it corruption. But about manufacturing, some of you greater on our side, they are using it as we won’t do that here. The gentleman might have considered voting for a bill the guise to kill these programs. That’s didn’t say that. last week to allow the Nation’s largest what it’s all about tonight. That’s why He talks about the revolution. This exporter to open up a billion-dollar fa- we’re angry. That’s what this is all cuts $100 million from a program that cility in the State of South Carolina to about. gave because of influence, because of hire a thousand people to make air- Mr. DICKS. Will the gentleman friends in high places, because of craft. If you really want to help manu- yield? bundlers of campaign contribution facturing, you should’ve voted for that Mr. MARKEY. I yield to the gen- funds to a corporation that went bank- bill. tleman from Washington. rupt and laid off a thousand people You can also help us in stopping Mr. DICKS. Isn’t it true that these after receiving this money. EPA’s assault on the coal industry and alternative energy programs all create Mr. DICKS. Will the gentleman on the cement industry. I represent the jobs? yield? largest cement-producing district in The SPEAKER pro tempore. The Mr. DIAZ-BALART. I yield to the America. These industries are in trou- time of the gentleman has expired. gentleman from Washington. ble, and they’re under assault by this Mr. DICKS. I yield the gentleman 1 Mr. DICKS. I would just point out EPA. Help us. There’ll be measures additional minute. that one of the largest investors was considered here to deal with them.

VerDate Mar 15 2010 06:54 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.132 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6407 If you are truly concerned about in the BCA approved in this Chamber Secondly, they’re concerned about manufacturing, innovation and re- just a few weeks ago, complete with jobs. And immediately, as the gen- search, you wouldn’t have slapped a 2.3 desperately need disaster funding, rea- tleman from Mississippi just pointed percent tax on medical devices. It’s sonably and responsibly offset. out, and the gentleman from Pennsyl- going to kill tens of thousands of jobs I urge my colleagues to support the vania who spoke earlier, they are con- in this country. We make a lot of de- CR. cerned about the disasters that have vices in my part of the world, in Penn- Mr. DICKS. I continue to reserve the put them at risk. And I suggest to you sylvania and New Jersey. We need help. balance of my time. the people in your district and in my Our manufacturers need help. Mr. ROGERS of Kentucky. May I in- district who don’t have a job, who So rather than defending a company quire of the time remaining? aren’t sure how they are going to pay out in California that just wasted $500 The SPEAKER pro tempore. The gen- their mortgage and aren’t sure that million, down the drain, taxpayer dol- tleman from Kentucky has 9 minutes they are going to be able to buy food remaining. The gentleman from Wash- lars, 1,100 people out of work, let’s do tomorrow believe that they too have ington has 43⁄4 minutes remaining. something to help manufacturers. And been confronted with a disaster. They Mr. ROGERS of Kentucky. I yield 2 most importantly, let’s pass this bill minutes to the gentleman from Mis- want us to deal with all three of those tonight to help so many people who are items and, yes, perhaps more. sissippi (Mr. NUNNELEE), a member of struggling throughout this country in Many of you have stood on this floor the committee. Pennsylvania; New Jersey; New York; Mr. NUNNELEE. Mr. Speaker, I rise and said we need to act now to help Vermont; the people of the South; Jop- in support of this resolution. The ques- these people who have been the victims lin, Missouri; and elsewhere who have tion we’re debating tonight is not of hurricane, of quake, of fire, of flood. been affected by these horrible natural whether we give aid and assistance to Now, if you want to act now, what you disasters. Please, stand up, do the right those of our neighbors that have been bring to this floor is a bill that is not thing and vote for this continuing reso- hit by serious disasters. We all agree controversial so it does not get mired lution. that’s the appropriate thing to do. The in this bickering back and forth, be- Mr. DICKS. I continue to reserve the question is do we cut spending else- cause we care deeply about responding balance of my time. where to pay for that assistance. now. Mr. ROGERS of Kentucky. I yield 2 Now, what our friends on the left This bill has never enjoyed bipartisan minutes to the gentleman from Arkan- have told us is, look, that’s not the support from my perspective, and I told sas (Mr. WOMACK), a hardworking mem- way we’ve done it in the past. In fact, your whip that on Tuesday. There was ber of our committee and a newcomer we’ve always done it by just going no surprise. We believe strongly that to the Congress. ahead and spending without any offset. the provision that you have put in this Mr. WOMACK. Mr. Speaker, I thank Doing it the way we’ve always done it bill is detrimental to working people the distinguished chairman of the Ap- has put us $14 trillion in debt. and the expansion of our economy. You propriations Committee for the time. What we have to do is exactly what perhaps do not agree on that. Perhaps I know the hour is late. It’s been a the people of Monroe County, Mis- we have a legitimate item of disagree- long time. Soon we will complete ac- sissippi did on the night of April 26. ment. And so if you were really con- tion on this temporary spending meas- Those families had dreams. They had cerned about those flood victims, about ure for 2012. Obviously, it is work that hopes; they had plans. And on April 27, those hurricane victims, you would has to be done. As my friend, the dis- the tornados hit and their plans have taken that out and met that issue tinguished Rules Committee chairman changed, and they redirected their another day. But you chose not to do appropriately quoted earlier this spending plans to take care of the dis- that. evening: the process has been ugly. It aster. Now, if the families in Monroe You chose to continue the partisan has been messy; but it works. County, Mississippi have done that, path of placing at risk the continued The good news is that most of Amer- they have every reason to expect their funding of government through Novem- ica has gone to bed and not witness to government to do the same thing. ber 18, which you have all expressed a the bickering and rancor evidenced in Now, we’ve been told, But we need desire to do, and jobs, not that Demo- this Chamber. I can only hope that some government program to create crats say are advantaged by the provi- when they wake up tomorrow, we will jobs. If we will give the American peo- sion you want to strike, but the Cham- have done the people’s work, funding ple the assurance that their govern- ber of Commerce and the National As- government beyond October 1, giving ment is serious about cutting spending sociation of Manufacturers. necessary funding to the victims of like this bill does, we’ll give them the b 0020 natural disasters, and doing it such a confidence to create jobs. If we remove way that promotes the kind of fiscal the regulatory burdens, American busi- They say it puts jobs at risk. Your responsibility long demanded by the nesses will create jobs. And if we give folks in Pennsylvania, I tell my friend, people of America. them the assurance that we’re not will not be helped if this bill continues It will be sad, indeed tragic, if when going to raise their taxes, the Amer- to be mired in partisan differences. And the sun comes up tomorrow, this Con- ican economy will thrive and create you knew there was a partisan dif- gress, instead of bringing certainty and jobs. ference, and notwithstanding that, you relief to those struggling, as this CR Mr. DICKS. I yield the balance of my brought it back to this floor. Now I un- does, we impose yet another threat of a time to the distinguished whip of the derstand there are some of you that government shutdown and more uncer- Democratic Party, the gentleman from were concerned that this was $1.043 tainty into an already skeptical popu- Maryland (Mr. HOYER), one of my trillion rather than $1.019 trillion. lace. goodest, best friends. That’s been changed for you now. And This legislation up until yesterday, The SPEAKER pro tempore. The gen- I’m sure all your Tea Party friends are Mr. Speaker, had bipartisan support. tleman from Maryland is recognized going to be very enthusiastic that for And only because my friends on the for 43⁄4 minutes. four-tenths of a percent you perhaps other side of the aisle recognized that Mr. HOYER. Mr. Speaker, this is a have changed your vote. My, my, my. many on our side preferred much deep- legislative arena, not a coliseum to at- Four-tenths of a percent. That’s the er cuts and might be predisposed to op- tack one another. It is a legislative difference in this bill from a fiscal per- posing the CR, they pounced on it. And arena to try to come together to do spective. quickly, in an instant, that bipartisan what the American public expects us to My friends, Americans need our help. support disappeared into the bowels of do. They don’t need Republican help or the business as usual. In other words, There are at least two crises con- Democratic help; they need all of our Mr. Speaker, it was politics ahead of fronting the American people, and per- help. They need it now. They need it the people. haps three. First of all, they are con- not mired in partisan bickering, as my Let’s remember that this CR we’ll cerned about the fiscal posture of this friend said from Arkansas. They need vote on in the next few minutes was country. They’re right. We need to ad- us to come together on that which we crafted based on the numbers outlined dress that. can agree, giving our folks help when

VerDate Mar 15 2010 06:03 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.134 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6408 CONGRESSIONAL RECORD — HOUSE September 22, 2011 they need it—now. And I will tell you the 18th to continue the government Americans don’t need brinkmanship; they that the Senate determined that there basically as is until that time, to get need predictability and security. This Con- was twice the need—indeed, three us time to work with the Senate to put tinuing Resolution gives them neither. I would times the need—that you have deter- together the funding for all of fiscal urge my colleagues to reject it in favor of one mined. 2012. NORM DICKS and I started out this that protects Americans. Ladies and gentlemen, let’s defeat year agreeing that we wanted to re- Ms. JACKSON LEE of Texas. Mr. Speaker, this bill and let’s bring tonight or to- store regular order to the Appropria- I rise today in opposition to H.R. 2608, ‘‘The morrow morning a bill that I guarantee tions Committee and the process. And Small Business Program Extension and Re- you will pass overwhelmingly in this we’ve worked in that regard. The com- form Act of 2011,’’ which provides for an addi- House. mittee has dealt with 11 of the 12 ap- tional temporary extension of programs under Yesterday, we were hoping to vote—Demo- propriations bills. Six of them you’ve the Small Business Act and the Small Busi- crats and Republicans together—on a bipar- had a chance on the floor to amend and ness Investment Act of 1958 at the expense of tisan bill to fund the Government through No- pass, which you have. job creating efforts. vember according to the budget deal we had Unfortunately, our brethren across The bill before us today is almost identical agreed upon. the Capitol have been a little bit slow, to the bill that we voted against yesterday. Mr. We did vote together, as it turns out, in bi- and they passed one bill, which neces- Speaker the bill before us will hurt jobs. The partisan opposition, though for very different sitated that we do something to con- central issue before our country is jobs and reasons. tinue the government while we try to the creation of jobs to secure our economy. Democrats opposed it because it was too work with them to bring them along on We need to focus on talking about jobs. In- extreme, endangering emergency funding to their bills and fund fiscal 2012. stead, we are now once again focused on a help our constituents hit by disasters and This bill started out as a bipartisan measure that was rejected yesterday. The threatening to cut from a program that actually bill. We worked to make it so. But amendment added to this bill is clearly a des- creates jobs. along the way, on the eve of the bill, perate attempt by my Republican colleagues Some Republicans voted against the CR all of a sudden we were confronted with to pass their own ideological Continuing Reso- because it wasn’t extreme enough. a partisan attack from this side of the lution. This amendment would keep the same Now, we have been waiting all day for the aisle, and we had no choice but to re- offset for disaster relief which will result in a Republican leadership to send us a bipartisan spond. But still yet this is a $1.5 billion cut to the Advanced Technology bill that should have voted on yesterday. bipartisanly constructed bill. It doesn’t Vehicle Manufacturing Program (ATVM), Unfortunately, the bill we’re voting on tonight attack anyone. which has been a proven job creator, it cre- The Homeland Security bill that shows they didn’t receive the message. ated 35,000 jobs in the private sector. The passed the body, you will recall, car- Not only have they put forward the same bill purpose of the program is to enable American ried the provision that required that that failed yesterday, with the same trouble- businesses to build the cars of the future that the billion dollars in that bill for some offset and cuts as before, they have could be sold to China, rather than the re- FEMA would be offset from the auto- worsened it by casting a line to extreme mem- verse. It is intended to give us a technological mobile account that’s been discussed. bers of their party. boast in the auto industry. As if this was not That passed this body in a bipartisan Those Members who wanted an additional enough, the amendment adds an additional $24 billion cut yesterday, I suspect, will not be vote. Many Democrats voted for it, joined Republicans. No one raised a cut—a rescission of $100 million from the Re- lured by $100 million tonight. covery Act Renewable Energy Loan guarantee That is just four tenths of one percent of concern—until this bill came to the floor. And all of a sudden, there was program, which is another cut to a program what they were demanding. that creates jobs. A move to secure the votes This new addition to the bill, which would this great eruption of partisanship on that side of the aisle, which I am very of members concerned about the few party in- cut loans for the construction of renewable en- terests not the interests of Americans. This ergy projects that create jobs, is essentially an sad about. But we will muddle through. This is a legislation causes the loss of American jobs! empty political attack on the administration. good bill. It funds your government at The only broken record that I want to hear Now is not the time for political games. is the mantra of how to create jobs. Let us The American people want us to get serious the level that was agreed to by the par- ties in the House, Senate, and White focus on putting the American people back to on the deficit, and we had agreed on a way House, the level that is now the law. It work, rather than bringing back measures that to do so. funds us until November 18. And by failed to garner support yesterday. I implore They want us to get serious on jobs and this then we hope to have worked out with my colleagues to recall the reasons they re- CR does just the opposite. our Senate brethren and sisters the jected this measure in the first place and to do The CR we need to pass is one that ad- funding for the rest of fiscal 2012. so again. Americans have always come to the heres to the August budget deal. So, the hour is late. Time is short. aid of those in need, after a natural disaster. There is already bipartisan agreement in the We’ve made up our minds. Let’s vote. Americans demonstrate a level of compas- Senate on how to handle emergency disaster Mr. CONNOLLY of Virginia. Mr. Speaker, sion that should not be damped by measures assistance, and we should follow that exam- here they go again—House Republicans are like the one before us today. Disaster relief ple. driving America once more to the brink. They funding is not a political football; it addresses Let’s have a vote on a CR we can pass, took us to the edge of a shutdown in April. the needs of Americans who find themselves one the senate can pass, and one that isn’t They shoved us to the precipice of America’s the victims of unforeseeable natural disasters. set up to drive the parties further apart on first ever default in August. And now after their It is born out of our nation’s desire to aid budgetary issues. similar attempt failed yesterday, House Re- those who are in need. Let’s see a version that will bring us to- publicans are again playing politics with the Now . . . now is not the time to trample on gether. American economy, and American families. the needs of small business owners. Now is As I said yesterday, I am ready to cast my Hurricane Irene leveled homes end busi- not the time to delay assistance to those who vote for that CR, and I know other Democrats nesses in the Northeast. An earthquake de- need support from FEMA. Now is not the time feel the same way. stroyed businesses in Mineral, Virginia. In my for a partisan position that will only cause I urge my colleagues to oppose this version, district, Tropical Storm Lee left hundreds of more Americans to suffer while they have to and I sincerely hope the Republican leader- families homeless and damaged dozens of wait on Congress to find balance. Now is the ship will recognize why and work with us to do small businesses. And yet in this Continuing time for balance and reason. what’s best for our country. Resolution, House Republicans state they will Small businesses have long been the bed- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE only help those in extremis if we gut the Ad- rock of our nation’s economy. Even with the The SPEAKER pro tempore. The vanced Technology Vehicle Manufacturing advent of modern-day multi-national corpora- Chair will remind Members to direct program—a successful program that spurs tions most of our day-to-day purchases take their remarks to the Chair. Amerian innovation and creates American place at ‘‘mom and pop’’ small businesses. Mr. ROGERS of Kentucky. Mr. jobs. This piece of legislation holds small busi- Speaker, I yield myself the balance of In fact, the U.S. Chamber of Commerce nesses hostage in order to make a demand the time. urged the retention of this important program that has never been made by Republicans be- This really is a simple bill. It’s mere- stating it ‘‘promotes manufacturing in the U.S. fore. This demand changes their practice dur- ly a bridge to get us until November and is an important component.’’ ing previous administrations. In the past my

VerDate Mar 15 2010 06:03 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 9920 E:\CR\FM\K22SE7.135 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6409 colleagues declared disaster funding as emer- ning, mission assignments to other agencies, owned sole proprietorships were expected to gency spending and did not require offsetting contingency contracting, pre-staged resources, reach 35 percent of all such ventures by the emergency spending. Regional Hurricane Plans and exercises, com- year 2000. Small firms also tend to hire a This bill would offset the $1 billion in FY11 munications support, citizen preparedness, greater number of older workers and people disaster relief funding using a program that is disaster housing, and long-term recovery plan- who prefer to work part-time. a proven job-creator, a program for small busi- ning. In order to accomplish this we must fund A major strength of small businesses is their nesses. The very small businesses that are FEMA, not at the expense of small business ability to respond quickly to changing eco- currently in need of access to loans and other but because Americans come together at nomic conditions. They often know their cus- lines of credit in order to build their businesses times of crisis. This should be what it has al- tomers personally and are especially suited to and create jobs. The very small businesses ways been—emergency funding. meet local needs. There are tons of stories of that are the life blood of our economy. These Emergency preparedness is not the exclu- start-up companies catching national attention businesses, the ‘‘mom and pop’’ shops across sive responsibility of the federal government or and growing into large corporations. Just a our nation are being held hostage by my col- individual agencies within it. State and local few examples of these types of start-up busi- leagues across the aisle at the expense of officials, nonprofit organizations, private sector nesses making big include the computer soft- jobs. businesses, and individual citizens must all ware company Microsoft; the package delivery The future successes of their businesses contribute to the mission in order for our Na- service Federal Express; sports clothing man- are being held hostage in order to demand off- tion to succeed at protecting life and property ufacturer Nike; the computer networking firm sets of funds that have not required such an from disasters. Recovery and mitigation are America OnLine; and ice cream maker Ben & offset in the past. These funds would aid vic- critical to protecting communities from future Jerry’s. tims of natural disasters. To propose such a threats, and our ability to respond will suffer if We must always ensure that we place a measure at a time when our economy is so we do not focus attention and resources on high level of priority on small businesses. It is fragile and when so many are struggling to those missions. also important that we work towards ensuring survive is unfathomable. On any given day the City of Houston faces that small businesses receive all the tools and At a time when our nation needs every sin- a widespread and ever-changing array of resources necessary for their continued gle job we can create. Before us is a job kill- threats, such as terrorism, organized crime, growth and development. ing measure. We need job creation to help natural disasters and industrial accidents. Cit- American small businesses are the heart families survive on smaller and smaller pay ies and towns across the Nation face these beat of our nation. I believe that small busi- checks. Before us is legislation that places a and other threats. Indeed, every day, ensuring nesses represent more than the American halt on this growth. My colleagues on the the security of the homeland requires the dream—they represent the American econ- other side of the aisle for the first time in our interaction of multiple Federal departments omy. Small businesses account for 95 percent nation’s history have added to this piece of and agencies, as well as operational collabo- of all employers, create half of our gross do- legislation a requirement that disaster aid be ration across Federal, State, local, tribal, and mestic product, and provide three out of four offset. The Federal Emergency Management territorial governments, nongovernmental orga- new jobs in this country. Small business growth means economic Agency (FEMA) needs the $6.9 billion in fund- nizations, and the private sector. This collabo- growth for the nation. But to keep this seg- ing which has been approved in the Senate ration and cooperation undergirds our security ment of our economy thriving, entrepreneurs last week without requiring offset. My col- posture at our borders and ports, our pre- need access to loans. Through loans, small leagues have cut this funding in half. They paredness in our communities, and our ability business owners can expand their businesses, have offset this funding by decreasing the to effectively react to crises. Consider the dev- hire more workers and provide more goods funds allotted by ending the Advanced Tech- astation that was brought by the tornadoes in and services. The Small Business Administra- nology Vehicle Manufacturing loan program. Alabama and the Southern United States, the tion (SBA), a federal organization that aids These cuts cost Americans tens of thousands flooding that has impacted the entire Mis- small businesses with loan and development of jobs. Under the previous administration Re- sissippi River region, from Montana to Ten- programs, is a key provider of support to small publicans supported disaster relief without re- nessee, and tornado that claimed more than businesses. The SBA’s main loan program ac- quiring an offset, on eight separate occasions 100 lives in Joplin, Missouri, have shown us counts for 30 percent of all long-term small but today they want to require cuts that will re- that there are disasters we cannot predict, and business borrowing in America. sult in job loss. forces of nature for which we cannot plan. I have worked hard to help small business As the Representative for Houston, which This legislation is a job killer, it is an affront owners to fully realize their potential. That is suffered severe damage in 2008 as a result of to growing small businesses and will destroy why I support entrepreneurial development Hurricane Ike, I understand the importance of thousands of jobs. I have been firmly com- programs, including the Small Business Devel- cleanup and rebuilding in the wake of natural mitted to supporting small businesses and this opment Center and Women’s Business Center disaster. Federal Emergency Management Ad- legislation as written will fail to help create the programs. These initiatives provide counseling ministration (FEMA) addresses the challenges jobs we need at this time. We should not pre- in a variety of critical areas, including business our communities face when we are confronted vent the growth of small business in order to plan development, finance, and marketing. We with a catastrophic event or a domestic ter- address the unrealistic demands related to must consider what impact changes in this ap- rorist attack. It is important for people to un- disaster relief funding. propriations bill will have on small businesses. derstand that our capacity to deal with hurri- Moreover, 99 percent of all independent There are 5.8 million minority owned busi- canes directly reflects our ability to respond to companies and businesses in the United nesses in the United States, representing a a terrorist attack in Texas or New York, an States are considered small businesses. They significant aspect of our economy. In 2007, earthquake in California, or a nationwide pan- are the engine of our economy, creating two- minority owned businesses employed nearly 6 demic flu outbreak. thirds of the new jobs over the last 15 years. million Americans and generated $1 trillion We must fund disaster relief. These are un- America’s 27 million small businesses con- dollars in economic output. foreseeable events. The devastating hurri- tinue to face a lack of credit and tight lending Women owned businesses have increased canes in Texas in recent years is a perfect ex- standards, with the number of small busi- 20% since 2002, and currently total close to 8 ample. Our response to those events have nesses’ loans down nearly 5 million since the million. These organizations make up more demonstrated a need for significant improve- financial crisis in 2008. than half of all businesses in health care and ment. During Hurricane Katrina, there were in- According to the U.S. Small Business Ad- social assistance. sufficient quantities of generators that forced ministration, these small businesses account My home city of Houston, Texas is home to hospitals to evacuate patients. Local govern- for 52 percent of all U.S. workers. These small more than 60,000 women owned businesses, ments waited days for commodities like ice, businesses also provide a continuing source and more than 60,000 African American water, MREs, and blue tarps. Evacuees from of vitality for the American economy. Small owned businesses. Texas arrived in Shreveport and Bastrop shel- businesses in the U.S. produced three-fourths According to a 2009 report published by the ters that were grossly unfit for occupancy, and of the economy’s new jobs between 1990 and Economic Policy Institute, ‘‘Starting in 2004, 2,500 people were forced to use the same 1995, and represent an entry point into the the Small Business Administration (SBA) set shower facility. economy for new groups. Women, for in- goals for small business participation in fed- We must prepare our first responders with stance, participate heavily in small businesses. eral contracts. It encouraged agencies to the best information and training to quickly The number of female-owned businesses award contracts to companies owned by analyze and share information to understand climbed by 89 percent, to an estimated 8.1 women, veterans, and minorities or those lo- alerts and warning systems, evacuation plan- million, between 1987 and 1997, and women- cated in economically challenged areas and

VerDate Mar 15 2010 06:03 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 7634 Sfmt 9920 E:\CR\FM\A22SE7.040 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6410 CONGRESSIONAL RECORD — HOUSE September 22, 2011 gave them benchmarks to work toward. The [Roll No. 727] Ellison Larson (CT) Reyes Engel Lee (CA) Richardson targets are specific: 23% of contracts to small AYES—219 Eshoo Levin Richmond business, 5% to woman-owned small busi- Adams Gosar Nunnelee Farr Lewis (GA) Ross (AR) nesses, and 3% to disabled veteran-owned Aderholt Gowdy Olson Fattah Lipinski Rothman (NJ) and HUBZone small businesses.’’ Akin Granger Palazzo Filner Loebsack Roybal-Allard Flake Lofgren, Zoe Women and minority owned businesses Alexander Graves (MO) Paulsen Ruppersberger Altmire Griffin (AR) Pence Frank (MA) Lowey Rush ´ generate billions of dollars and employ millions Amodei Griffith (VA) Petri Franks (AZ) Lujan Ryan (OH) of people. They are certainly qualified to re- Bachus Grimm Pitts Fudge Lummis Sa´ nchez, Linda ceive these contracts. A mandatory DOD out- Barletta Guinta Platts Garamendi Lynch T. Bartlett Guthrie Pompeo Gingrey (GA) Mack Sanchez, Loretta reach program women and minority owned Barton (TX) Hall Posey Graves (GA) Maloney Sarbanes Green, Al Markey businesses aware of all of the contract oppor- Bass (NH) Hanna Price (GA) Schakowsky Green, Gene Matheson tunities available to them. Benishek Harper Quayle Schiff Grijalva Matsui Berg Harris Reed Schrader Facts: Small businesses are important be- Gutierrez McClintock Biggert Hartzler Rehberg Schwartz Hahn McCollum cause they: Bilbray Hastings (WA) Renacci Schweikert Hanabusa McDermott (1) Represent 99.7 percent of all employer Bilirakis Hayworth Ribble Scott (VA) Hastings (FL) McGovern Bishop (UT) Heck Rigell Scott, David firms, Heinrich McIntyre Black Hensarling Rivera Serrano (2) Employ just over half of all private sector Higgins McNerney Blackburn Herger Roby Himes Meeks Sewell employees, Bonner Herrera Beutler Roe (TN) Hinchey Miller (NC) Sherman (3) Pay 44 percent of total U.S. private pay- Bono Mack Holden Rogers (AL) Sires Boustany Hunter Hinojosa Miller, George roll, Rogers (KY) Hirono Moore Slaughter Brady (TX) Hurt Rogers (MI) Smith (WA) (4) Generated 64 percent of net new jobs Brooks Issa Hochul Moran Rohrabacher Sutton Buchanan Jenkins Holt Mulvaney over the past 15 years, Rokita Thompson (CA) Bucshon Johnson (IL) Honda Murphy (CT) Rooney Thompson (MS) (5) Create more than half of the nonfarm Buerkle Johnson (OH) Hoyer Nadler Ros-Lehtinen Tierney private gross domestic product (GDP), Burgess Johnson, Sam Huelskamp Napolitano Roskam Tonko Burton (IN) Jones Huizenga (MI) Neal (6) Hire 40 percent of high tech workers Ross (FL) Towns Calvert Kelly Hultgren Olver (such as scientists, engineers, and computer Royce Tsongas Camp King (NY) Inslee Owens Runyan Van Hollen programmers), Campbell Kingston Israel Pallone Ryan (WI) Vela´ zquez (7) Are 52 percent home-based and 2 per- Canseco Kinzinger (IL) Jackson (IL) Pascrell Scalise Visclosky Cantor Kissell Jackson Lee Pastor (AZ) cent franchises, Schilling Capito Kline (TX) Payne Walsh (IL) Schmidt (8) Made up 97.3 percent of all identified ex- Carter Labrador Johnson (GA) Pearce Walz (MN) Schock porters and produced 30.2 percent of the Cassidy Lamborn Johnson, E. B. Pelosi Wasserman Scott (SC) Chabot Lance Jordan Perlmutter Schultz known export value in FY 2007, Scott, Austin Chaffetz Landry Kaptur Peters Waters (9) Produce 13 times more patents per em- Sensenbrenner Coble Lankford Keating Peterson Watt Sessions ployee than large patenting firms and twice as Coffman (CO) Latham Kildee Pingree (ME) Waxman Shimkus likely as large firm patents to be among the Cole LaTourette Kind Poe (TX) Westmoreland Shuster Wilson (FL) one percent most cited. Conaway Latta King (IA) Polis Cravaack Lewis (CA) Simpson Kucinich Price (NC) Wilson (SC) Republicans appear to be a mission to cut Crawford LoBiondo Smith (NE) Langevin Quigley Woolsey programs that help families and will buttress Crenshaw Long Smith (NJ) Larsen (WA) Rahall Yarmuth Culberson Lucas Smith (TX) small businesses. At a time when there are Southerland NOT VOTING—11 Americans faced with the perils which arise Davis (KY) Luetkemeyer Denham Lungren, Daniel Stearns Bachmann Gonzalez Shuler during cleaning up after a natural disaster. Dent E. Stivers Deutch Paul Speier Now is not the time to force those Americans Diaz-Balart Manzullo Stutzman Giffords Rangel Stark to wait on a partisan battle, to pick a fight that Dold Marchant Sullivan Gohmert Reichert Dreier Marino Terry has not been fought in eight previous author- Duffy McCarthy (CA) Thompson (PA) b 0050 izations of funds for disaster relief. There Duncan (TN) McCarthy (NY) Thornberry So the motion was agreed to. needs to be a balance when determining Ellmers McCaul Tiberi Tipton The result of the vote was announced which programs to cut and when. A balance to Emerson McCotter Farenthold McHenry Turner (NY) as above recorded. finding the funds that will address national dis- Fincher McKeon Turner (OH) A motion to reconsider was laid on asters. A balanced approach is important to Fitzpatrick McKinley Upton the table. ensuring that small business receive the sup- Fleischmann McMorris Walberg Fleming Rodgers Walden CORRECTING THE ENROLLMENT port they need. Flores Meehan Webster Mr. ROGERS of Kentucky. Mr. I stand here once again asking my col- Forbes Mica Welch Speaker, I send to the desk a concur- West leagues to remember that just yesterday we Fortenberry Michaud rent resolution and ask unanimous opposed this bill. I implore you to do this once Foxx Miller (FL) Whitfield Frelinghuysen Miller (MI) Wittman consent for its immediate consider- more. I support small business and job cre- Gallegly Miller, Gary Wolf ation. ation. I will not support small business growth Gardner Murphy (PA) Womack The Clerk read the title of the con- being held hostage to the unrealistic demands Garrett Myrick Woodall Gerlach Neugebauer Yoder current resolution. made by my Republican colleagues. American Gibbs Noem Young (AK) The SPEAKER pro tempore. Is there families need measures that are job growers Gibson Nugent Young (FL) objection to the request of the gen- rather than measures that are jobs killers. Goodlatte Nunes Young (IN) tleman from Kentucky? The SPEAKER pro tempore. All time NOES—203 There was no objection. for debate has expired. Ackerman Butterfield Costa The text of the concurrent resolution Pursuant to House Resolution 412, Amash Capps Costello is as follows: the previous question is ordered. Andrews Capuano Courtney H. CON. RES. 81 The question is on the motion by the Austria Cardoza Critz Baca Carnahan Crowley Resolved by the House of Representatives (the gentleman from Kentucky (Mr. ROG- Baldwin Carney Cuellar Senate concurring), That, in the enrollment of ERS). Barrow Carson (IN) Cummings the bill (H.R. 2608) to provide for an addi- The question was taken; and the Bass (CA) Castor (FL) Davis (CA) tional temporary extension of programs Speaker pro tempore announced that Becerra Chandler Davis (IL) under the Small Business Act and the Small the ayes appeared to have it. Berkley Chu DeFazio Business Investment Act of 1958, and for Berman Cicilline DeGette other purposes, the Clerk of the House of RECORDED VOTE Bishop (GA) Clarke (MI) DeLauro Bishop (NY) Clarke (NY) DesJarlais Representatives shall make the following Mr. DICKS. Mr. Speaker, I demand a Blumenauer Clay Dicks correction: recorded vote. Boren Cleaver Dingell Amend the title so as to read: ‘‘An Act A recorded vote was ordered. Boswell Clyburn Doggett making continuing appropriations for fiscal The vote was taken by electronic de- Brady (PA) Cohen Donnelly (IN) year 2012, and for other purposes.’’. Braley (IA) Connolly (VA) Doyle vice, and there were—ayes 219, noes 203, Broun (GA) Conyers Duncan (SC) The concurrent resolution was agreed not voting 11, as follows: Brown (FL) Cooper Edwards to.

VerDate Mar 15 2010 06:03 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A22SE7.042 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6411 A motion to reconsider was laid on unintentional, but it took 34 years for this S. 633. An act to prevent fraud in small the table. oversight to be corrected. business contracting, and for other purposes; The Children’s Hospitals Graduate Medical to the Committee on Small Business. f Education Payment Program (CHGME), in S. Con. Res. 17. Concurrent resolution ex- CHILDREN’S HOSPITAL GRADUATE 1999, established a pool to provide residency pressing the sense of Congress that Taiwan education support to children’s hospitals in a MEDICAL EDUCATION REAU- should be accorded observer status in the system modeled after the Medicare GME sys- International Civil Aviation Organization THORIZATION tem. The unintentional disincentive to train (ICAO); to the Committee on Foreign Affairs. (Mr. CICILLINE asked and was given pediatric generalists and specialists was re- permission to address the House for 1 moved and pediatric training accelerated f dramatically. This year, a total of $317.5 mil- minute.) lion offsets the training expenses of 5,500 SENATE ENROLLED BILL SIGNED Mr. CICILLINE. Mr. Speaker, this residents at 46 children’s hospitals, and the week the House passed legislation to CHGME program is widely considered a suc- The Speaker announced his signature reauthorize the Children’s Hospital cess. to an enrolled bill of the Senate of the Graduate Medical Education program. Parallel to the initial oversight in the following title: While a celebration should be in order, Medicare bill, in the arcane definition of a S. 846. An act to designate the United I am disappointed the bill was consid- children’s hospital detailed in the CHGME States courthouse located at 80 Lafayette regulations is language making it impossible Street in Jefferson City, Missouri, as the ered on suspension, preventing amend- for children’s psychiatric hospitals to qual- ments to improve the program. Christopher S. Bond United States Court- ify. Only the most cynical observer would house. The bill passed by this Chamber fails conclude that this was a deliberate attempt to correct a glaring mental health par- to exclude children’s psychiatric hospitals f ity issue, which prevents the inclusion and the child psychiatric and pediatric resi- of children’s psychiatric teaching hos- dents they train, especially since no medical ADJOURNMENT pitals in this program. Because these specialty represents a greater shortage area than child and adolescent psychiatry. Yet, Mr. CASSIDY. Mr. Speaker, I move hospitals are classified by Medicare as steady efforts since 2002 to correct this over- that the House do now adjourn. psychiatric hospitals rather than as sight have thus far been unsuccessful. The motion was agreed to; accord- children’s hospitals, they are ineligible The CHGME reauthorization needed for the ingly (at 12 o’clock and 50 minutes for entry into the program. program to continue would seem to offer the ideal opportunity to end this de facto dis- a.m.), the House adjourned until today, In order to fix this oversight and to Friday, September 23, 2011, at 9 a.m. address the acute need for additional crimination against children with mental- health problems. Sen. Sheldon Whitehouse health care providers trained in child and Representatives and f psychiatry, I introduced legislation, , all Rhode Island Demo- H.R. 2558, the Children’s Hospitals Edu- crats, have offered similar versions of a brief EXECUTIVE COMMUNICATIONS, cation Equity Act, which would include amendment to the reauthorization that ETC. certain children’s psychiatric hospitals would correct the language to reflect the Under clause 2 of rule XIV, executive original bill’s intent. in the definition to determine eligi- communications were taken from the bility. If passed, it would admit four or five chil- dren’s psychiatric hospitals that meet strict Speaker’s table and referred as follows: I look forward to working with my criteria into the pool of hospitals eligible for 3187. A letter from the Secretary, Com- colleagues on both sides of the aisle to CHGME reimbursement. A larger taxpayer modity Futures Trading Commission, trans- correct this inequity and to advance outlay is not requested; rather, the existing mitting the Commission’s final rule — Agri- our Nation another step closer to money would be spread slightly more thinly cultural Swaps (RIN: 3038-AD21) received Au- achieving full mental health parity. (an estimated 30 additional residents would gust 23, 2011, pursuant to 5 U.S.C. be added to the current 5,500). One would GREGORY K. FRITZ: PARITY FOR KIDS’ MENTAL 801(a)(1)(A); to the Committee on Agri- think it a small price to pay to correct an in- HEALTH culture. justice, but passage is far from guaranteed. 3188. A letter from the Acting Adminis- [From the Providence Journal, Aug. 30, 2011] As a child psychiatrist working at Bradley trator, Department of Agriculture, transmit- (By Gregory K. Fritz) Hospital, one of the psychiatric hospitals ting the Department’s final rule — National Despite the passage of the federal mental- that would finally be included, I’m far from Dairy Promotion and Research Program; health parity bill, stigma and prejudice are dispassionate about this issue. I see every Final Rule on Amendments to the Order still alive and well when it comes to legisla- day the agony experienced by families with [Docket No.: DA-08-07; AMS-DA-08-0050] tion affecting children’s psychiatric hos- autism, childhood suicide, adolescent sub- (RIN: 0581-AC87) received August 22, 2011, pitals. The latest example of how our govern- stance abuse or pediatric bipolar disorder; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment continues to maintain discriminatory it’s different, but no less severe, than the mittee on Agriculture. funding policies specifically directed against pain associated with juvenile diabetes or leu- 3189. A letter from the Acting Adminis- children with mental-health issues involves kemia. As are all mental-health profes- trator, Department of Agriculture, transmit- federal support for graduate medical edu- sionals, I’m troubled by the months-long ting the Department’s final rule — Irish Po- waiting lists that prevent children’s access cation (GME). tatoes Grown in Washington; Modifications to child psychiatric services. Although this issue is far overshadowed by of the Rules and Regulations [Doc. No.: The distinction between psychological and the federal debt issue, those who care about physiological disorders is artificial and anti- AMS-FV-11-0024; FV11-946-3 FIR] received the mental health of children need to be quated, reflecting outdated fears and preju- August 22, 2011, pursuant to 5 U.S.C. aware that achieving true parity still entails dices. In short, I see no valid reason to per- 801(a)(1)(A); to the Committee on Agri- overcoming significant obstacles. Getting petuate the exclusion of children’s psy- culture. children’s psychiatric hospitals recognized chiatric hospitals from the mechanism de- 3190. A letter from the Acting Adminis- as legitimate sites of medical education is signed to support physicians’ training. Nei- trator, Department of Agriculture, transmit- one such obstacle on the road to real parity ther do the thousands of members of 39 na- ting the Department’s final rule — National that has both symbolic and pragmatic im- tional organizations who have signed on to a Organic Program (NOP); Sunset Review portance. letter urging support of the Whitehouse (2011) [Document Number: AMS-TM-07-0136; The history of federal support for training amendment. Mental-health parity is the law TM-07-14FR] (RIN: 0581-AC77) received Au- physicians during their hospital residencies in principle; the CHGME reauthorization gust 22, 2011, pursuant to 5 U.S.C. goes back to the establishment of Medicare, should make it be the case in practice. 801(a)(1)(A); to the Committee on Agri- in 1965. Recognizing that America needs a Gregory K. Fritz, M.D., is academic direc- culture. steady supply of physicians in all the areas tor at Bradley Hospital and the editor of the 3191. A letter from the Acting Adminis- of medicine, and that their training carries Brown University Child and Adolescent Be- trator, Department of Agriculture, transmit- substantial additional expense for teaching havior Letter. ting the Department’s final rule — Softwood hospitals, Medicare authorization includes a Lumber Research, Promotion, Consumer per-resident reimbursement that is provided f Education and Industry Information Order to hospitals through a complicated formula. SENATE BILL AND CONCURRENT [Document Number: AMS-FV-10-0015; FR] One element for determining GME payments RESOLUTION REFERRED (RIN: 0581-AD03) received August 22, 2011, is the percentage of a hospital’s reimburse- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment that comes from Medicare. That chil- A bill and concurrent resolution of mittee on Agriculture. dren’s hospitals would thus be excluded from the Senate of the following titles were 3192. A letter from the Under Secretary, the program (because Medicare pays vir- taken from the Speaker’s table and, Department of Defense, transmitting a re- tually zero for children’s medical care) was under the rule, referred as follows: port of a violation of the Antideficiency Act,

VerDate Mar 15 2010 06:54 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K22SE7.140 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6412 CONGRESSIONAL RECORD — HOUSE September 22, 2011 Navy Case Number 07-10; to the Committee and Takeoff Minimums and Obstacle Depar- 3216. A letter from the Assistant Secretary, on Appropriations. ture Procedures; Miscellaneous Amendments Legislative Affairs, Department of State, 3193. A letter from the Chairman and Presi- [Docket No.: 30796; Amdt. No. 3437] received transmitting Memorandum of justification dent, Export-Import Bank, transmitting a August 30, 2011, pursuant to 5 U.S.C. for the President’s waiver of the restrictions report on transactions involving U.S. exports 801(a)(1)(A); to the Committee on Transpor- on the provision of funds to the Palestinian to Mexico pursuant to Section 2(b)(3) of the tation and Infrastructure. Authority, pursuant to Public Law 111-117, Export-Import Bank Act of 1945, as amended; 3206. A letter from the Senior Program An- section 7040(d); jointly to the Committees on to the Committee on Financial Services. alyst, Department of Transportation, trans- Foreign Affairs and Appropriations. 3194. A letter from the Chairman and Presi- mitting the Department’s final rule — Avia- f dent, Export-Import Bank, transmitting a tion Fuel and Oil Operating Limitations; report on transactions involving U.S. exports Policy Memorandum [ANE-2010-33.7-5A] re- REPORTS OF COMMITTEES ON to Kazakhstan pursuant to Section 2(b)(3) of ceived August 19, 2011, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS the Export-Import Bank Act of 1945, as 801(a)(1)(A); to the Committee on Transpor- Under clause 2 of rule XIII, reports of amended; to the Committee on Financial tation and Infrastructure. committees were delivered to the Clerk Services. 3207. A letter from the Program Analyst, 3195. A letter from the Chairman and Presi- Department of Transportation, transmitting for printing and reference to the proper dent, Export-Import Bank, transmitting a the Department’s final rule — Establishment calendar, as follows: statement with respect to a transaction in- of Class E Airspace; Nephi, UT [Docket No.: Mr. DREIER: Committee on Rules. Supple- volving the Boeing Company, pursuant to 12 FAA-2011-0184; Airspace Docket No. 11-ANM- mental report on House Resolution 409. Reso- U.S.C. 635(b)(3)(i); to the Committee on Fi- 4] received August 30, 2011, pursuant to 5 lution waiving a requirement of clause 6(a) nancial Services. U.S.C. 801(a)(1)(A); to the Committee on of rule XIII with respect to consideration of 3196. A letter from the Chairman and Presi- Transportation and Infrastructure. certain resolutions reported from the Com- dent, Export-Import Bank, transmitting a 3208. A letter from the Senior Program An- mittee on Rules (Rept. 112–214, Pt. 2). report on transactions involving U.S. exports alyst, Department of Transportation, trans- Mr. DREIER: Committee on Rules. House to Mexico pursuant to Section 2(b)(3) of the mitting the Department’s final rule — Resolution 412. Resolution providing for con- Export-Import Bank Act of 1945, as amended; Standard Instrument Approach Procedures, sideration of the Senate amendment to the to the Committee on Financial Services. and Takeoff Minimums and Obstacle Depar- bill (H.R. 2608) to provide for an additional 3197. A letter from the Chairman and Presi- ture Procedures; Miscellaneous Amendments temporary extension of programs under the dent, Export-Import Bank, transmitting a [Docket No.: 30795; Amdt. No. 3436] received Small Business Act and the Small Business report on transactions involving U.S. exports August 4, 2011, pursuant to 5 U.S.C. Investment Act of 1958, and for other pur- to Mexico pursuant to Section 2(b)(3) of the 801(a)(1)(A); to the Committee on Transpor- poses (Rept. 112–215). Referred to the House Export-Import Bank Act of 1945, as amended; tation and Infrastructure. Calendar. to the Committee on Financial Services. 3209. A letter from the Program Analyst, f 3198. A letter from the Chairman and Presi- Department of Transportation, transmitting dent, Export-Import Bank, transmitting a the Department’s final rule — Modification PUBLIC BILLS AND RESOLUTIONS report on transactions involving U.S. exports of Class E Airspace; Alturas, CA [Docket No.: Under clause 2 of rule XII, public to Mexico pursuant to Section 2(b)(3) of the FAA-2011-0403; Airspace Docket No. 11-AWP- bills and resolutions of the following Export-Import Bank Act of 1945, as amended; 3] received August 30, 2011, pursuant to 5 titles were introduced and severally re- to the Committee on Financial Services. U.S.C. 801(a)(1)(A); to the Committee on ferred, as follows: 3199. A letter from the Chairman and Presi- Transportation and Infrastructure. dent, Export-Import Bank, transmitting a 3210. A letter from the Program Analyst, By Mr. MARCHANT: H.R. 3008. A bill to amend title II of the So- report on transactions involving U.S. exports Department of Transportation, transmitting cial Security Act to provide for the to Mexico pursuant to Section 2(b)(3) of the the Department’s final rule — Establishment reissuance of Social Security account num- Export-Import Bank Act of 1945, as amended; of Class E Airspace; Kayenta, AZ [Docket bers to children in cases in which the con- to the Committee on Financial Services. No.: FAA-2011-0393; Airspace Docket No. 11- fidentiality of the number has been com- 3200. A letter from the Chairman and Presi- AWP-2] received August 30, 2011, pursuant to dent, Export-Import Bank, transmitting a promised by reason of theft; to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Ways and Means. report on transactions involving U.S. exports Transportation and Infrastructure. By Mr. FLEMING: to Ireland pursuant to Section 2(b)(3) of the 3211. A letter from the Program Analyst, H.R. 3009. A bill to amend the National Export-Import Bank Act of 1945, as amended; Department of Transportation, transmitting Wildlife Refuge System Administration Act to the Committee on Financial Services. the Department’s final rule — Modification of 1966 to require that any new national wild- 3201. A letter from the Director, Defense of Class D and Class E Airspace; Fort life refuge may not be established except as Security Cooperation Agency, transmitting Huachuca, AZ [Docket No.: FAA-2011-0359; expressly authorized by statute; to the Com- Transmittal No. 11-33, pursuant to the re- Airspace Docket No. 11-AWP-1] received Au- mittee on Natural Resources. porting requirements of Section 36(b)(1) of gust 30, 2011, pursuant to 5 U.S.C. By Mr. SMITH of Texas (for himself, the Arms Export Control Act, as amended; to 801(a)(1)(A); to the Committee on Transpor- Mr. COBLE, and Mr. PETERSON): the Committee on Foreign Affairs. tation and Infrastructure. H.R. 3010. A bill to reform the process by 3202. A letter from the Assistant Legal Ad- 3212. A letter from the Program Analyst, which Federal agencies analyze and formu- viser for Treaty Affairs, Department of Department of Transportation, transmitting late new regulations and guidance docu- State, transmitting report prepared by the the Department’s final rule — Modification ments; to the Committee on the Judiciary. Department of State concerning inter- of Class E Airspace; Glasgow, MT [Docket By Mr. ROGERS of Alabama (for him- national agreements other than treaties en- No.: FAA-2011-0362; Airspace Docket No. 11- self, Mr. KING of New York, Mr. DAN- tered into by the United States to be trans- ANM-7] received August 30, 2011, pursuant to IEL E. LUNGREN of California, Mr. mitted to the Congress within the sixty-day 5 U.S.C. 801(a)(1)(A); to the Committee on WALBERG, Mr. CRAVAACK, and Mr. period specified in the Case-Zablocki Act; to Transportation and Infrastructure. BROOKS): the Committee on Foreign Affairs. 3213. A letter from the Program Analyst, H.R. 3011. A bill to authorize the programs 3203. A letter from the Under Secretary, Department of Transportation, transmitting of the Transportation Security Administra- Department of the Treasury, transmitting as the Department’s final rule — Amendment of tion relating to the provision of transpor- required by section 401(c) of the National Class E Airspace; Lakeland, FL [Docket No.: tation security, and for other purposes; to Emergencies Act, 50 U.S.C. 1641(c), and sec- FAA-2011-0005; Airspace Docket No. 10-ASO- the Committee on Homeland Security, and tion 204(c) of the International Emergency 42] received August 30, 2011, pursuant to 5 in addition to the Committee on the Judici- Economic Powers Act, 50 U.S.C. 1703(c), a U.S.C. 801(a)(1)(A); to the Committee on ary, for a period to be subsequently deter- six-month periodic report on the national Transportation and Infrastructure. mined by the Speaker, in each case for con- emergency with respect to Libya that was 3214. A letter from the Program Analyst, sideration of such provisions as fall within declared in Executive Order 13566 of Department of Transportation, transmitting the jurisdiction of the committee concerned. Feburary 25, 2011; to the Committee on For- the Department’s final rule — Modification By Mr. CHAFFETZ (for himself and eign Affairs. of Class E Airspace; Forsyth, MT [Docket Mr. SMITH of Texas): 3204. A letter from the Chairman and Chief No.: FAA-2011-0516; Airspace Docket No. 11- H.R. 3012. A bill to amend the Immigration Executive Officer, Farm Credit Administra- ANM-12] received August 30, 2011, pursuant and Nationality Act to eliminate the per- tion, transmitting the Administration’s Year to 5 U.S.C. 801(a)(1)(A); to the Committee on country numerical limitation for employ- 2011 Inventory of Commercial Activities, as Transportation and Infrastructure. ment-based immigrants, to increase the per- required by the Federal Activities Reform 3215. A letter from the Commission, Com- country numerical limitation for family- Act of 1998; to the Committee on Oversight mission on Wartime Contracting in Iraq and sponsored immigrants, and for other pur- and Government Reform. Afghanistan, transmitting the Commission’s poses; to the Committee on the Judiciary. 3205. A letter from the Senior Program An- Final Report, ‘‘Transforming Wartime Con- By Mr. POE of Texas: alyst, Department of Transportation, trans- tracting: Controlling costs, reducing risks’’; H.R. 3013. A bill to prohibit assistance to mitting the Department’s final rule — jointly to the Committees on Foreign Affairs Pakistan; to the Committee on Foreign Af- Standard Instrument Approach Procedures, and Armed Services. fairs.

VerDate Mar 15 2010 06:03 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\L22SE7.000 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE September 22, 2011 CONGRESSIONAL RECORD — HOUSE H6413

By Mr. POLIS (for himself, Mr. FILNER, gram for arts and technology; to the Com- By Mr. REYES (for himself and Mr. Mr. LANGEVIN, and Mr. REYES): mittee on Education and the Workforce. MCCAUL): H.R. 3014. A bill to provide grants to State By Mr. HANNA (for himself and Ms. H.R. 3033. A bill to amend the Anti-Smug- educational agencies and institutions of HOCHUL): gling Act to subject vehicles, other convey- higher education to strengthen elementary H.R. 3024. A bill to create a special class of ances, and instruments of international traf- and secondary computer science education, H-2A workers who may be admitted to work fic to seizure and forfeiture for smuggling, and for other purposes; to the Committee on as sheepherders or dairy workers, and for and for other purposes; to the Committee on Education and the Workforce. other purposes; to the Committee on the Ju- Ways and Means. By Ms. SPEIER (for herself, Mr. diciary. By Ms. SPEIER (for herself, Ms. ESHOO, LATHAM, Mr. MCCAUL, Mr. VAN HOL- By Mr. KING of New York (for himself, Mr. GARAMENDI, Mr. HONDA, Ms. LEE LEN, Mr. MORAN, Mr. KING of New Mr. PASCRELL, Mr. GRIMM, and Mr. of California, Mr. MCNERNEY, Mr. York, Ms. BORDALLO, Ms. WOOLSEY, TURNER of New York): GEORGE MILLER of California, Ms. and Ms. FUDGE): H.R. 3025. A bill to provide for certain tun- PELOSI, Mr. STARK, Mr. THOMPSON of H.R. 3015. A bill to improve and enhance nel life safety and rehabilitation projects for California, Ms. WOOLSEY, and Ms. ZOE research and programs on childhood cancer Amtrak; to the Committee on Transpor- LOFGREN of California): survivorship, and for other purposes; to the tation and Infrastructure. H.R. 3034. A bill to amend the Federal Committee on Energy and Commerce. By Mr. MATHESON (for himself and Water Pollution Control Act to establish a By Mr. BARROW: Mr. BILBRAY): San Francisco Bay restoration grant pro- H.R. 3016. A bill to direct the Secretary of H.R. 3026. A bill to amend the Federal gram; to the Committee on Transportation Defense and the Secretary of Veterans Af- Food, Drug, and Cosmetic Act to improve and Infrastructure. fairs to jointly operate the Federal Recovery the safety of drugs; to the Committee on En- By Mr. TERRY (for himself and Mr. Coordination Program, and for other pur- ergy and Commerce. TOWNS): poses; to the Committee on Armed Services, By Mrs. MCCARTHY of New York (for H.R. 3035. A bill to amend the Communica- and in addition to the Committee on Vet- herself, Mr. SCOTT of Virginia, Mr. tions Act of 1934 to permit informational erans’ Affairs, for a period to be subse- POLIS, Mr. ELLISON, Mr. CAPUANO, calls to mobile telephone numbers, and for quently determined by the Speaker, in each Mr. PAYNE, and Mr. FILNER): other purposes; to the Committee on Energy case for consideration of such provisions as H.R. 3027. A bill to end the use of corporal and Commerce. fall within the jurisdiction of the committee punishment in schools, and for other pur- By Mr. YARMUTH (for himself, Mr. concerned. poses; to the Committee on Education and BLUMENAUER, Mr. CARSON of Indiana, By Mr. BERMAN (for himself, Ms. ZOE the Workforce. Mr. CHANDLER, Mr. DOYLE, Mr. HIN- LOFGREN of California, Mr. CONYERS, By Mr. MORAN (for himself, Mr. WOLF, CHEY, Ms. MOORE, and Mr. POLIS): Mr. GUTIERREZ, Ms. CHU, Ms. LINDA Mr. CONNOLLY of Virginia, Mr. VAN H.R. 3036. A bill to amend the Elementary T. SA´ NCHEZ of California, and Mr. HOLLEN, and Mr. SARBANES): and Secondary Education Act of 1965 and the BACA): H.R. 3028. A bill to amend title 5, United H.R. 3017. A bill to provide for a more Workforce Investment Act of 1998 to award States Code, to permit the transfer of sick grants to prepare individuals for the 21st structured and stable domestic agricultural leave in leave-transfer programs, and for labor market in the United States, and for century workplace and to increase America’s other purposes; to the Committee on Over- global competitiveness, and for other pur- other purposes; to the Committee on the Ju- sight and Government Reform. diciary, and in addition to the Committees poses; to the Committee on Education and By Mr. MULVANEY (for himself, Mr. the Workforce. on Ways and Means, Education and the ISSA, Mr. ROSS of Florida, Mr. Workforce, and Agriculture, for a period to By Mr. YOUNG of Alaska: CHAFFETZ, Mrs. BLACKBURN, Mr. BUR- H.R. 3037. A bill to allow for the harvest of be subsequently determined by the Speaker, TON of Indiana, Mr. FLEMING, Mr. in each case for consideration of such provi- gull eggs by the Huna Tlingit people within FLORES, Mr. GARRETT, Mr. GOWDY, Glacier Bay National Park in the State of sions as fall within the jurisdiction of the Mr. GRAVES of Georgia, Mr. committee concerned. Alaska; to the Committee on Natural Re- HUELSKAMP, Mr. SAM JOHNSON of By Mr. CAPUANO: sources. Texas, Mr. LANDRY, Mr. RIBBLE, Mr. H.R. 3018. A bill to amend the Internal Rev- By Mr. ROGERS of Kentucky: ROKITA, Mrs. SCHMIDT, Mr. WALSH of enue Code of 1986 to provide a temporary sur- H. Con. Res. 81. A concurrent resolution di- Illinois, Mr. WILSON of South Caro- tax on increases in retained earnings of do- recting the Clerk of the House of Representa- lina, and Mr. YODER): mestic corporations; to the Committee on tives to make a correction in the enrollment H.R. 3029. A bill to reduce the size of the of H.R. 2608; considered and agreed to. Ways and Means. Federal workforce through attrition, and for By Ms. FUDGE (for herself, Mr. TIBERI, By Mr. CARSON of Indiana (for himself other purposes; to the Committee on Over- L GREEN of Texas): Mr. KIND, and Mr. MCINTYRE): and Mr. A sight and Government Reform. H.R. 3019. A bill to amend title 49, United H. Res. 410. A resolution expressing support By Mr. NADLER (for himself, Mr. CON- States Code, to direct the Secretary of for the designation of September 24, 2011, as YERS, Mr. TOWNS, Mr. ISRAEL, Mr. Transportation to consider certain factors in ‘‘Worldwide Day of Play’’; to the Committee evaluating public transportation projects for SCOTT of Virginia, Mr. HASTINGS of on Oversight and Government Reform. purposes of making capital investment Florida, Mr. POLIS, and Mr. By Mr. LARSON of Connecticut: grants, and for other purposes; to the Com- of Texas): H. Res. 411. A resolution electing a Member H.R. 3030. A bill to amend the Fair Housing mittee on Transportation and Infrastruc- to a certain standing committee of the Act, and for other purposes; to the Com- ture. House of Representatives; considered and mittee on the Judiciary, and in addition to By Mr. PIERLUISI (for himself, Mr. agreed to. the Committee on Financial Services, for a YOUNG of Alaska, and Mr. SERRANO): By Mr. REED: H.R. 3020. A bill to amend the Internal Rev- period to be subsequently determined by the H. Res. 413. A resolution honoring Alfred enue Code of 1986 to allow certain Puerto Speaker, in each case for consideration of University on the 175th anniversary of its Rico corporations to elect to be treated as such provisions as fall within the jurisdic- founding; to the Committee on Education domestic corporations; to the Committee on tion of the committee concerned. and the Workforce. Ways and Means. By Mr. REED: By Mr. SCHWEIKERT: H.R. 3031. A bill to direct the Secretary of By Mr. CARSON of Indiana (for him- H. Res. 414. A resolution expressing the the Interior to conduct a special resource self, Ms. BORDALLO, and Ms. LEE of sense of the House of Representatives that study to evaluate the significance of the California): the Federal Government should incorporate Newtown Battlefield located in Chemung H.R. 3021. A bill to amend title 49, United the principles of the Lean Six Sigma man- County, New York, and the suitability and States Code, to modify cost-sharing require- agement strategy; to the Committee on feasibility of its inclusion in the National ments under certain public transportation Oversight and Government Reform. grant programs, and for other purposes; to Park System, and for other purposes; to the the Committee on Transportation and Infra- Committee on Natural Resources. f structure. By Mr. REICHERT (for himself, Mr. CONSTITUTIONAL AUTHORITY By Mr. CARSON of Indiana: OLSON, Mr. PASCRELL, and Mr. STATEMENT H.R. 3022. A bill to amend title 49, United MATHESON): States Code, to allow urbanized area formula H.R. 3032. A bill to amend title XVIII of the Pursuant to clause 7 of rule XII of grants for public transportation projects to Social Security Act to provide for payment the Rules of the House of Representa- be used for operating costs in urbanized for services of qualified radiologist assist- tives, the following statements are sub- areas with a population of at least 200,000, ants under the Medicare program; to the mitted regarding the specific powers and for other purposes; to the Committee on Committee on Energy and Commerce, and in granted to Congress in the Constitu- addition to the Committee on Ways and Transportation and Infrastructure. tion to enact the accompanying bill or By Mr. DOYLE (for himself and Mr. Means, for a period to be subsequently deter- MURPHY of Pennsylvania): mined by the Speaker, in each case for con- joint resolution. H.R. 3023. A bill to authorize the Secretary sideration of such provisions as fall within By Mr. MARCHANT: of Education to establish the national pro- the jurisdiction of the committee concerned. H.R. 3008.

VerDate Mar 15 2010 06:54 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L22SE7.100 H22SEPT1 tjames on DSK6SPTVN1PROD with HOUSE H6414 CONGRESSIONAL RECORD — HOUSE September 22, 2011 Congress has the power to enact this legis- vide for the common deference and general By Mr. MORAN: lation pursuant to the following: welfare of the United States. H.R. 3028. This bill is enacted pursuant to the power By Mr. CARSON of Indiana: Congress has the power to enact this legis- granted to Congress under Article I, Section H.R. 3019. lation pursuant to the following: 8, Clause 1, related to providing for the gen- Congress has the power to enact this legis- Article 1, Section 8, Clause 14; Article 1, eral welfare. Additionally, it is enacted lation pursuant to the following: Section 8, Clause 18. under the authority provided in Article I, Article I, section 8, clause 1 of the United By Mr. MULVANEY: Section 8 related to Congress’ ability to States Constitution grants Congress the im- H.R. 3029. ‘‘[carry] into Execution the foregoing pow- plied power to utilize collected taxes to pro- Congress has the power to enact this legis- ers.’’ vide for the general welfare of the United lation pursuant to the following: By Mr. FLEMING: States. Article I, Section 8, Clause 18 H.R. 3009. By Mr. PIERLUISI: To make all Laws which shall be necessary Congress has the power to enact this legis- H.R. 3020. and proper for carrying into Execution the lation pursuant to the following: Congress has the power to enact this legis- foregoing Powers, and all other Powers vest- Article IV, Section 3, Clause 2 of the Con- lation pursuant to the following: ed by the Constitution in the Government of stitution of the United States of America. The constitutional authority on which this the United States, or in any Department or By Mr. SMITH of Texas: bill rests is the power of the Congress to: (1) Officer thereof. H.R. 3010. provide for the general welfare of the United By Mr. NADLER: Congress has the power to enact this legis- States, as enumerated in Article I, Section 8, H.R. 3030. lation pursuant to the following: Clause 1 of the United States Constitution; Congress has the power to enact this legis- Article I, Section 1 of the United States (2) to lay and collect taxes, as enumerated in lation pursuant to the following: Constitution, and Article I, Section 8 of the Article I, Section 8, Clause 1 of the Constitu- Art. 1, sec. 8, cl. 3 (‘‘To regulate Commerce United States Constitution, including, but tion; (3) to make all laws which shall be nec- . . . among the several States’’, and cl. 18 not limited to, Clauses 1, 3 and 18. essary and proper for carrying into execution (‘‘To make all Laws which shall be necessary By Mr. ROGERS of Alabama: such power, as enumerated in Article I, Sec- and proper for carrying into Execution the H.R. 3011. tion 8, Clause 18 of the Constitution; and (4) foregoing Powers, and all other Powers vest- Congress has the power to enact this legis- to make all needful rules and regulations re- ed by this Constitution in the Government of lation pursuant to the following: specting the Territory of the United States, the United States, or in any Department or This bill is enacted pursuant to Article I, as provided for under Article IV, Section 3, Officer thereof’’. Section 8, Clause 1 of the Constitution of the Clause 2 of the Constitution. By Mr. REED: United States, which grants Congress the By Mr. CARSON of Indiana: H.R. 3031. power to provide for the common Defence of H.R. 3021. Congress has the power to enact this legis- the United States, and Article I, Section 8, Congress has the power to enact this legis- lation pursuant to the following: Clause 18 of the Constitution of the United lation pursuant to the following: Article 1, Section 8, Clause 1 as well as Ar- States, which provides Congress the power to Article I, section 8, clause 1 of the United ticle 1, Section 8, Clause 18 make ‘‘all laws which shall be necessary and States Constitution grants Congress the im- By Mr. REICHERT: proper’’ for carrying out the constitutional plied power to utilize collected taxes to pro- H.R. 3032. powers vested in the Government of the vide for the general welfare of the United Congress has the power to enact this legis- United States. States. lation pursuant to the following: By Mr. CHAFFETZ: By Mr. CARSON of Indiana: The constitutional authority of Congress H.R. 3012. H.R. 3022. to enact this legislation is provided by Arti- Congress has the power to enact this legis- Congress has the power to enact this legis- cle 1, section 8 of the United States Constitu- lation pursuant to the following: lation pursuant to the following: tion, specifically clause 1 (relating to pro- This law is enacted pursuant to Article 1, Article I, section 8, clause 1 of the United viding for the general welfare of the United Section 8, Clauses 4 and 18 to the U.S. Con- States Constitution grants Congress the im- States) and clause 18 (relating to the power stitution. plied power to utilize collected taxes to pro- to make all laws necessary and proper for By Mr. POE of Texas: vide for the general welfare of the United carrying out the powers vested in Congress), H.R. 3013. States. and Article IV, section 3, clause 2 (relating Congress has the power to enact this legis- By Mr. DOYLE: to the power of Congress to dispose of and lation pursuant to the following: H.R. 3023. make all needful rules and regulations re- Article I, Section 8, Clause 3 and Article I, Congress has the power to enact this legis- specting the territory or other property be- Section 9, Clause 7 lation pursuant to the following: longing to the United States). By Mr. POLIS: The Congress enacts this bill pursuant Sec- By Mr. REYES: H.R. 3014. tion 8 of Article I of the United States Con- H.R. 3033. Congress has the power to enact this legis- stitution and Amendment XVI of the United Congress has the power to enact this legis- lation pursuant to the following: States Constitution. lation pursuant to the following: Article I, Section 1, By Mr. HANNA: Article I, Section. 8. All legislative Powers herein granted shall H.R. 3024. Clause 1: The Congress shall have Power be vested in a Congress of the United States, Congress has the power to enact this legis- To lay and collect Taxes, Duties, Imposts which shall consist of a Senate and House of lation pursuant to the following: and Excises, to pay the Debts and provide for Representatives. This bill is enacted pursuant to the power the common Defence and general Welfare of By Ms. SPEIER: granted to Congress under Article I, Section the United States; but all Duties, Imposts H.R. 3015. 8, of the United States Constitution. and Excises shall be uniform throughout the Congress has the power to enact this legis- By Mr. KING of New York: United States; lation pursuant to the following: H.R. 3025. Clause 2: To borrow Money on the credit of Article I, Section 8 of the has the power to enact this legis- the United States; Constitution, the General Welfare clause lation pursuant to the following: Clause 3: To regulate Commerce with for- By Mr. BARROW: Article I, Section 8, Clause 1 eign Nations, and among the several States, H.R. 3016. The Congress shall have Power to lay and and with the Indian Tribes; Congress has the power to enact this legis- collect Taxes, Duties, Imposts and Excises, Clause 4: To establish an uniform Rule of lation pursuant to the following: to pay the Debts and provide for the common Naturalization, and uniform Laws on the The power of Congress to make rules for Defence and general Welfare of the United subject of Bankruptcies throughout the the government and regulation of the land States; but all Duties, Imposts and Excises United States; and naval forces, as enumerated in Article I, shall be uniform throughout the United Clause 5: To coin Money, regulate the Section 8 of the United States Constitution. States. Value thereof, and of foreign Coin, and fix By Mr. BERMAN: By Mr. MATHESON: the Standard of Weights and Measures; H.R. 3017. H.R. 3026. Clause 6: To provide for the Punishment of Congress has the power to enact this legis- Congress has the power to enact this legis- counterfeiting the Securities and current lation pursuant to the following: lation pursuant to the following: Coin of the United States; Article 1, Section 8, Clause IV of the Con- Article I, Section 8, Clause 3. Clause 7: To establish Post Offices and post stitution By Mrs. MCCARTHY of New York: Roads; By Mr. CAPUANO: H.R. 3027. Clause 8: To promote the Progress of H.R. 3018. Congress has the power to enact this legis- Science and useful Arts, by securing for lim- Congress has the power to enact this legis- lation pursuant to the following: ited Times to Authors and Inventors the ex- lation pursuant to the following: This bill is enacted pursuant to the powers clusive Right to their respective Writings Article I, Section 8: Congress shall have granted to the Congress by Article I, Section and Discoveries; the power to lay and collect taxes, duties, 8, Clause 1 and Article I, Section 8, Clause 18 Clause 9: To constitute Tribunals inferior imposts, excises, to pay the debts and pro- of the United States Constitution. to the supreme Court;

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Clause 10: To define and punish Piracies H.R. 452: Mr. YOUNG of Alaska. H.R. 2131: Mr. BUTTERFIELD, Mr. BARTLETT, and Felonies committed on the high Seas, H.R. 482: Mr. ROE of Tennessee. and Mr. DESJARLAIS. and Offences against the Law of Nations; H.R. 527: Mrs. BLACK and Mr. MCKINLEY. H.R. 2159: Mrs. CHRISTENSEN. Clause 11: To declare War, grant Letters of H.R. 572: Mr. SMITH of Washington. H.R. 2195: Mr. TIBERI. Marque and Reprisal, and make Rules con- H.R. 605: Ms. JENKINS. H.R. 2245: Mr. TIERNEY, Ms. SCHAKOWSKY, cerning Captures on Land and Water; H.R. 615: Mr. GOSAR. Mr. MICHAUD, Mr. CICILLINE, and Ms. MCCOL- Clause 12: To raise and support Armies, but H.R. 674: Mr. MICA and Mr. GARRETT. LUM. no Appropriation of Money to that Use shall H.R. 683: Mr. AL GREEN of Texas. H.R. 2250: Mr. DENHAM and Mr. WITTMAN. be for a longer Term than two Years; H.R. 687: Mr. CARNAHAN. H.R. 2257: Mr. LATTA. Clause 13: To provide and maintain a Navy; H.R. 688: Mr. AL GREEN of Texas. H.R. 2304: Mr. ALEXANDER. Clause 14: To make Rules for the Govern- H.R. 719: Mr. AUSTRIA. H.R. 2307: Ms. CHU. ment and Regulation of the land and naval H.R. 791: Mr. CHABOT, Mr. BOREN, Mr. CON- H.R. 2311: Mr. HOLT. Forces; AWAY, Mr. WALZ of Minnesota, and Mr. LIPIN- H.R. 2312: Mr. DUNCAN of Tennessee. Clause 15: To provide for calling forth the SKI. H.R. 2334: Mr. LOEBSACK, Mr. GUTIERREZ, Militia to execute the Laws of the Union, H.R. 797: Mr. FILNER, Mr. SHERMAN, Ms. Mr. FORBES, Mr. ROGERS of Michigan, Mr. suppress Insurrections and repel Invasions; SCHAKOWSKY, and Mr. FRANK of Massachu- COURTNEY, Mrs. CHRISTENSEN, Mr. TONKO, Clause 16: To provide for organizing, arm- setts. and Ms. SCHAKOWSKY. ing, and disciplining, the Militia, and for H.R. 822: Mr. COURTNEY. H.R. 2357: Mr. HULTGREN. governing such Part of them as may be em- H.R. 904: Mr. PETERSON. H.R. 2369: Mr. MICA, Mr. ELLISON, Mr. ployed in the Service of the United States, H.R. 973: Mr. FRANKS of Arizona. QUIGLEY Ms. DEGETTE, Mr. KUCINICH, Mr. reserving to the States respectively, the Ap- H.R. 990: Mr. AUSTRIA. CARDOZA, Mr. JOHNSON of Illinois, Ms. pointment of the Officers, and the Authority H.R. 991: Mr. AUSTRIA. Vela´ zquez, Mr. SERRANO, Mr. REYES, Mr. of training the Militia according to the dis- H.R. 1004: Mr. COURTNEY. SHERMAN, Mr. BASS of New Hampshire, Mr. cipline prescribed by Congress; H.R. 1006: Mr. MULVANEY, Mr. SAM JOHNSON CAMP, Mr. DAVIS of Illinois, Mr. VISCLOSKY, Clause 17: To exercise exclusive Legisla- of Texas, Mr. PITTS, Mr. BUCSHON, Mr. Mr. DICKS, Mr. AL GREEN of Texas, Ms. BALD- tion in all Cases whatsoever, over such Dis- GINGREY of Georgia, Mr. YODER, and Mr. WIN, Ms. SLAUGHTER, Mr. CLARKE of Michi- trict (not exceeding ten Miles square) as FLEMING. gan, Mr. FRANK of Massachusetts, Mr. KIND, may, by Cession of particular States, and the H.R. 1063: Mr. BARROW, Mr. MCINTYRE, Mr. Mr. BLUMENAUER, Mr. ADERHOLT, Mr. DIN- Acceptance of Congress, become the Seat of MURPHY of Connecticut, and Mr. BURGESS. GELL, Mr. FLEMING, Mr. GALLEGLY, Mr. the Government of the United States, and to H.R. 1092: Mr. MCGOVERN, Mr. MURPHY of GRAVES of Georgia, Ms. JACKSON LEE of exercise like Authority over all Places pur- Connecticut, and Mr. MCINTYRE. Texas, Ms. EDDIE BERNICE JOHNSON of Texas, chased by the Consent of the Legislature of H.R. 1137: Ms. TSONGAS and Mr. FILNER. Mr. JONES, Mr. KING of New York, Mr. the State in which the Same shall be, for the H.R. 1179: Mr. KLINE. LANDRY, Mr. LEWIS of Georgia, Ms. MATSUI, Erection of Forts, Magazines, Arsenals, H.R. 1206: Mr. OWENS and Ms. BUERKLE. Mr. MCDERMOTT, Mr. PETRI, Ms. PINGREE of dock-Yards, and other needful Buildings;— H.R. 1259: Mr. GALLEGLY and Mrs. ROBY. Maine, Mr. ROE of Tennessee, Ms. ROYBAL- And H.R. 1267: Mr. YOUNG of Alaska. ALLARD, Mr. DAVID SCOTT of Georgia, Ms. SE- Clause 18: To make all Laws which shall be H.R. 1283: Mr. HANNA. WELL, Mr. SIMPSON, Mr. SMITH of New Jersey, necessary and proper for carrying into Exe- H.R. 1288: Mr. FORBES, Mr. CRITZ, Ms. Mr. THOMPSON of Mississippi, Mr. UPTON, Mr. cution the foregoing Powers, and all other SCHWARTZ, Mr. ROSS of Florida, Mr. TONKO, WITTMAN, Mr. YODER, Mr. CLYBURN, Mrs. Powers vested by this Constitution in the and Mr. LOBIONDO. BIGGERT, Mr. FRELINGHUYSEN, Mr. BARTLETT, Government of the United States, or in any H.R. 1354: Ms. DELAURO. Mr. POMPEO, Mr. KLINE, Mr. BERG, Mr. Department or Officer thereof. H.R. 1370: Mr. GARDNER and Mr. FLEISCHMANN, and Mr. GRIFFITH of Virginia. By Ms. SPEIER: FLEISCHMANN. H.R. 2377: Ms. CHU. H.R. 3034. H.R. 1385: Ms. SPEIER. H.R. 2446: Mr. KING of New York. Congress has the power to enact this legis- H.R. 1418: Mr. LIPINSKI, Mr. UPTON, Mr. H.R. 2447: Mrs. HARTZLER, Mr. MICHAUD, lation pursuant to the following: WEST, and Mr. SCHIFF. Mr. HULTGREN, Mr. CARNAHAN, Mr. GRIFFIN H.R. 1471: Mr. GRIJALVA. Article 1, Section 8: Congress shall have of Arkansas, Mr. HANNA, Mr. BISHOP of New H.R. 1489: Mr. ELLISON. the power to regulate commerce among the York, Mr. COURTNEY, and Ms. GRANGER. H.R. 1509: Mr. POSEY. states, and provide for the general welfare. H.R. 2471: Mr. TOWNS. H.R. 1587: Mr. MCDERMOTT. By Mr. TERRY: H.R. 2492: Mr. OLVER and Ms. CHU. H.R. 1609: Mr. RIBBLE. H.R. 2505: Ms. LORETTA SANCHEZ of Cali- H.R. 3035. H.R. 1653: Mr. SIMPSON, Mrs. BIGGERT, Mr. fornia, Mr. MORAN, Mr. WELCH, and Mr. BUR- Congress has the power to enact this legis- DOLD, Ms. HERRERA BEUTLER, and Mr. GESS. lation pursuant to the following: GUINTA. H.R. 2514: Mr. WITTMAN and Mr. GRIFFIN of Commerce Clause: Article 1, Section 8, H.R. 1681: Mr. GEORGE MILLER of Cali- Arkansas. Clause 3 fornia. H.R. 2517: Mr. PETERS. By Mr. YARMUTH: H.R. 1697: Mr. BACA. H.R. 2542: Mr. BURTON of Indiana, Mr. H.R. 3036. H.R. 1704: Mr. LATOURETTE and Mr. BRALEY GALLEGLY, Mr. CHABOT, Mr. POE of Texas, Congress has the power to enact this legis- of Iowa. Mr. SCHOCK, Mr. MCCOTTER, Mr. RIVERA, Mr. lation pursuant to the following: H.R. 1715: Mr. CALVERT. MCCAUL, and Mr. BARTLETT. Clause 3 of Section 8 of Article 1 of the H.R. 1717: Mr. RYAN of Ohio, Mr. KILDEE, H.R. 2558: Ms. JACKSON LEE of Texas. Constitution. and Mr. KISSELL. H.R. 2569: Mr. SCHOCK. By Mr. YOUNG of Alaska: H.R. 1724: Mr. FARR and Mr. SERRANO. H.R. 2602: Mr. JOHNSON of Illinois. H.R. 3037. H.R. 1738: Mr. HINCHEY and Mr. SIMPSON. H.R. 2674: Mr. LATHAM. Congress has the power to enact this legis- H.R. 1739: Ms. SPEIER. H.R. 2681: Mr. CHABOT, Mr. SMITH of Ne- lation pursuant to the following: H.R. 1754: Mr. CALVERT. braska, Mrs. HARTZLER, and Mr. DAVIS of Article 1 Section 2 H.R. 1798: Ms. HAYWORTH, Mr. CHABOT, and Kentucky. f Ms. Hochul. H.R. 2706: Mr. BUCHANAN. H.R. 1834: Mr. BROOKS and Mr. FLAKE. H.R. 2758: Mr. CONNOLLY of Virginia. ADDITIONAL SPONSORS H.R. 1842: Mr. HASTINGS of Florida. H.R. 2774: Mr. WESTMORELAND. Under clause 7 of rule XII, sponsors H.R. 1955: Mr. PASCRELL. H.R. 2796: Mr. REHBERG. H.R. 1956: Mr. BROOKS, Mr. NUGENT, Mr. were added to public bills and resolu- H.R. 2815: Mr. WOLF. PITTS, Mr. PENCE, Mr. CHABOT, Mrs. LUMMIS, H.R. 2834: Mr. ROE of Tennessee, Mr. KLINE, tions as follows: Mr. GINGREY of Georgia, Mr. COFFMAN of Col- Mr. WALBERG, Mr. KINGSTON, Mr. SCHILLING, H.R. 23: Mr. HINCHEY. orado, Mr. BURTON of Indiana, Mr. SESSIONS, Mr. HECK, Mr. AMODEI, Mrs. MILLER of Michi- H.R. 52: Mr. PRICE of North Carolina. Mrs. SCHMIDT, Mr. FLEMING, Mrs. BLACK- gan, Mr. HARRIS, and Mr. AUSTRIA. H.R. 104: Mr. AUSTIN SCOTT of Georgia, Mr. BURN, Mr. FLORES, Mr. CONAWAY, Mr. NEUGE- H.R. 2854: Mr. FITZPATRICK, Mr. HUIZENGA ROKITA, and Mr. HULTGREN. BAUER, Mr. HUELSKAMP, and Mr. BISHOP of of Michigan, Mr. LANKFORD, and Mr. SCA- H.R. 111: Mr. FRELINGHUYSEN. Utah. LISE. H.R. 115: Mr. PETERSON. H.R. 1997: Mr. BUCHANAN. H.R. 2874: Mr. LANKFORD. H.R. 157: Mr. SCHOCK. H.R. 2016: Mr. PASTOR of Arizona. H.R. 2885: Mr. JONES. H.R. 190: Mr. GUTIERREZ. H.R. 2020: Mr. CONNOLLY of Virginia and H.R. 2888: Mr. HANNA. H.R. 210: Mr. PASCRELL, Mr. MORAN, Mr. Mr. NEAL. H.R. 2897: Mr. HANNA, Mr. SCHILLING, and JOHNSON of Georgia, Ms. BERKLEY, Mr. H.R. 2059: Mr. STEARNS, Mr. PITTS, Mr. Mr. LANKFORD. BRADY of Pennsylvania, Mr. DEUTCH, Ms. MCKINLEY, Mr. HUIZENGA of Michigan, and H.R. 2926: Mr. WESTMORELAND and Mr. JACKSON LEE of Texas, and Mrs. MALONEY. Mr. POE of Texas. DESJARLAIS. H.R. 306: Ms. BORDALLO. H.R. 2091: Mr. MILLER of North Carolina. H.R. 2955: Mr. KISSELL. H.R. 436: Mr. LOBIONDO. H.R. 2097: Mr. BISHOP of New York. H.R. 2962: Ms. BERKLEY.

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H.R. 2966: Mr. KEATING. LEWIS of California, Ms. of H. Res. 239: Mr. PETERSON. H.R. 2982: Mr. SHULER and Mr. FRANKS of California, Mr. DANIEL E. LUNGREN of Cali- H. Res. 247: Mr. SCHOCK, Mrs. SCHMIDT, Mr. Arizona. fornia, Ms. MATSUI, Mr. MCCARTHY of Cali- MCCOTTER, Mrs. MYRICK, Mr. KING of Iowa, H.R. 2992: Mr. SAM JOHNSON of Texas, Mr. fornia, Mr. MCCLINTOCK, Mr. MCKEON, Mr. Mr. BURTON of Indiana, Mr. MCCLINTOCK, Mr. FLORES, Mr. NEUGEBAUER, Mr. GALLEGLY, MCNERNEY, Mr. GEORGE MILLER of Cali- SHIMKUS, Mr. GRIFFIN of Arkansas, and Mr. and Mr. BURGESS. fornia, Mr. GARY G. MILLER of California, SMITH of New Jersey. H.R. 2993: Mr. KING of Iowa. Mrs. NAPOLITANO, Mr. NUNES, Ms. PELOSI, H. Res. 336: Mr. YOUNG of Florida. H.R. 3003: Mr. DAVID SCOTT of Georgia. Ms. RICHARDSON, Mr. ROHRABACHER, Ms. ROY- H. Res. 364: Mr. HERGER, Mr. MCCLINTOCK, H.R. 3004: Mr. BACA, Ms. BASS of California, BAL-ALLARD, Mr. ROYCE, Ms. LINDA T. Ms. HERRERA BEUTLER, Mr. COBLE, Mr. Mr. BECERRA, Mr. BERMAN, Mr. BILBRAY, SA´ NCHEZ OF CALIFORNIA, MS. LORETTA SAN- ROYCE, Mr. GRIFFITH of Virginia, Mr. COLE, Mrs. BONO MACK, Mr. CALVERT, Mr. CAMP- CHEZ of California, Mr. SCHIFF, Mr. SHERMAN, Mr. GOWDY, Mr. DICKS, Mr. MEEHAN, Mr. FLO- BELL, Mrs. CAPPS, Mr. CARDOZA, Ms. CHU, Mr. Ms. SPEIER, Mr. STARK, Ms. WATERS, Mr. RES, Ms. HAYWORTH, Mr. MARCHANT, Mr. DOG- COSTA, Mrs. DAVIS of California, Mr. WAXMAN, and Ms. WOOLSEY. GETT, Mr. DONNELLY of Indiana, Ms. CHU, and DENHAM, Mr. DREIER, Ms. ESHOO, Mr. FARR, H.R. 3005: Mr. HINCHEY. Ms. EDWARDS. Mr. FILNER, Mr. GALLEGLY, Mr. GARAMENDI, H.J. Res. 73: Mr. HUELSKAMP. H. Res. 378: Ms. RICHARDSON. Ms. HAHN, Mr. HERGER, Mr. HONDA, Mr. HUN- H. Con. Res. 21: Mr. HURT. H. Res. 394: Mr. HULTGREN. TER, Mr. ISSA, Ms. LEE of California, Mr. H. Res. 134: Mr. CONNOLLY of Virginia. H. Res. 397: Mr. HINOJOSA.

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Vol. 157 WASHINGTON, THURSDAY, SEPTEMBER 22, 2011 No. 142 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, them have been recognized far and wide called to order by the Honorable TOM PRESIDENT PRO TEMPORE, in our State and region for the beau- UDALL, a Senator from the State of Washington, DC, September 22, 2011. tiful Gate Outreach Ministry they have New Mexico. To the Senate: launched. I think it was Dietrich Under the provisions of rule I, paragraph 3, Bonhoeffer who first said most PRAYER of the Standing Rules of the Senate, I hereby appoint the Honorable TOM UDALL, a Senator tellingly that it is the charge of min- The PRESIDING OFFICER. Today’s from the State of New Mexico, to perform istry to afflict the comfortable and opening prayer will be offered by the the duties of the Chair. comfort the afflicted. Pastor Beaman, Reverend Dr. Silvester S. Beaman, sen- DANIEL K. INOUYE, through his leadership, his vision, his ior pastor of the Bethel African Meth- President pro tempore. compelling sermons, and his compel- odist Episcopal Church in Wilmington, Mr. UDALL of New Mexico thereupon ling example, in partnership with his DE. assumed the chair as Acting President wife Renee, has provided exactly that The guest Chaplain offered the fol- pro tempore. sort of challenging and effective lead- lowing prayer: f ership, that great and prophetic voice Let us pray. for our community in Wilmington, DE. God of grace and God of glory, as this RECOGNITION OF THE MAJORITY I am grateful for the opportunity to great Hall prepares to open for another LEADER have his prayerful reflections begin our session of deliberations, we humbly The ACTING PRESIDENT pro tem- deliberations today. submit our minds, energies, gifts, and pore. The majority leader is recog- The ACTING PRESIDENT pro tem- graces to You, that we may be men and nized. pore. The majority leader. women sensitive to the concerns of a Mr. REID. Mr. President, I yield to f nation in great expectation. my friend, the junior Senator from SCHEDULE Use the collective resolve of our Sen- Delaware. ate as Your instrument, building The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, following wholeness and peace in an age where pore. The Senator from Delaware is leader remarks, the Senate will be in a injury, indifference, uncertainties, and recognized. period of morning business for an hour, deficiency swirl as an immobilizing f Republicans will control the first half specter. and the majority will control the final Show us a glimpse of Your radiance, THE GUEST CHAPLAIN half. Following morning business, the remove all doubts and fears; liberating Mr. COONS. Mr. President, I rise sim- Senate will resume consideration of and inspiring, until hope and possi- ply to give honor and gratitude that H.R. 3832. Later today, the Senate will bility become a living reality. this morning our opening prayer was complete action on the GSP and TAA We are forever Yours and we will be offered by the Reverend Dr. Silvester bill. There will be up to five rollcall forever faithful. Amen. Beaman of AME Zion on the East Side votes in relation to amendments and f of Wilmington, a great voice for justice passage of this bill. I will work with PLEDGE OF ALLEGIANCE in my home State. the Republican leader to set a time it I think it is a critical and important is convenient to do that. The Honorable TOM UDALL led the part of our Nation’s tradition that we FEMA Pledge of Allegiance, as follows: begin every session of the Senate with More important, now that we have I pledge allegiance to the Flag of the prayerful reflection. I am thrilled that arrived at an agreement on how to United States of America, and to the Repub- lic for which it stands, one nation under God, today he is able to be joined by his wife move the trade adjustment assistance indivisible, with liberty and justice for all. Renee, a registered nurse, and to be out of here, is what is going to happen able to comment for a moment that f in the House. Rev. Dr. Beaman, born in Niagara Last week, something all too rare APPOINTMENT OF ACTING Falls, NY, who started his mission these days happened in this Chamber; PRESIDENT PRO TEMPORE work and his service in Hamilton, Ber- we had some bipartisanship. Ten Re- The PRESIDING OFFICER. The muda, with his wife, early on saw the publicans joined Democrats in voting clerk will please read a communication challenges of HIV/AIDS and the risks to give FEMA, the Federal Emergency to the Senate from the President pro and opportunities for worship and for Management Agency, the money they tempore (Mr. INOUYE). mission that this pandemic provides to need to fund their important oper- The assistant legislative clerk read our community. He has been with us ations for the foreseeable future. The the following letter: now 19 years in Delaware. The two of House bill would have jeopardized the

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

S5849

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VerDate Mar 15 2010 23:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.000 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5850 CONGRESSIONAL RECORD — SENATE September 22, 2011 Agency’s ability to help Americans af- getting the appropriations bills done. Ohio repeatedly. Here is what he said 2 fected by tragedy to put their lives Send us a continuing resolution with years ago this week at a stop in War- back together, but that is what the nothing attached to it. If they disagree ren, OH. House did. over there with what we did—they have All across Ohio and all across the country, What the House did last night was so over on the House side our bill which rebuilding our roads and our bridges . . . wrong. We passed a bill a few months passed in the Senate on a bipartisan that’s what the Recovery Act has been all ago that would take care of funding for basis. If they don’t like that, send us about. the rest of this year, from October 1 to back something else. The Recovery Act is the stimulus October 1. Rather than doing what we We think the overwhelming support bill, the first one. Yet 21⁄2 years later, had agreed upon, and the American of the Nation is for something we did what do we have to show for it? Politi- people saw us work for months to agree but don’t tie it to the CR. That is sim- cally connected companies such as upon, they reneged on that deal. They ply not the right thing to do. Solyndra ended up with hundreds of tried last night to send a continuing We are going to be alert and wait for millions of dollars, provided by the resolution for a few weeks and they at- the House to act. We are at an impasse, taxpayers, and bridges such as the one tached to it—and they should not have not because of what we are doing but the President is attending today still attached anything to it because we had because of what they are doing, and we need to be fixed. It is worth noting, in fact, this one already agreed on all that—attached to will wait and see what action they company blew through more taxpayer it a very unfair FEMA funding meas- take. It is extremely important that money than the first stimulus allo- ure. they act as quickly as they can. cated for every road and bridge in the To show how spiteful they were—we We know we had scheduled next week entire State of Kentucky combined. have done great things in this country, to be off. We hope we can do that. We The President told Ohioans and Ken- doing things with modern vehicles. I have an important holiday next tuckians, the first stimulus would keep had an energy summit the end of Au- Wednesday. That is the reason we are unemployment below 8 percent as well. gust in Las Vegas. They had all these taking next week off. But I look for- Yet 21⁄2 years later unemployment in electric cars lined up that they could ward to working with my colleagues in both States is still above 9 percent. show us. This is a result of money we the Senate, both Democrats and Re- We have heard these promises before, have given here, taxpayers’ money, to publicans, to move forward as quickly and I don’t think the President should stimulate that part of our manufac- as we can. expect anybody to fall for them again. turing sector. It has worked out great. f I mean, how many stimulus bills do we It has been wonderful. have to pass before these bridges get RECOGNITION OF THE MINORITY As , one of the Demo- fixed? How many? How many LEADER cratic leaders in the House, said, what Solyndras do we have to finance? How the House did is try to legislate away The ACTING PRESIDENT pro tem- much money do we have to waste be- 53,000 jobs. They took money that was pore. The Republican leader is recog- fore the President makes good on the in the pipeline to do more of those nized. promises he has already made? If a electric cars and other kinds of new ve- f bridge needs fixing, by all means let’s hicles and stripped it away. They ap- fix it. But don’t tell us we need to pass THE JOBS BILL plied that toward something we have a $1⁄2 trillion stimulus bill and accept not done around here; that is, fund Mr. MCCONNELL. Mr. President, job-killing tax hikes to do it. Don’t tell emergency situations around the coun- over the past week, President Obama the people of Kentucky they need to fi- try. has been traveling around the country, nance every turtle tunnel and solar To rub salt in the wound, they not trying to set a record for the number of panel company on some bureaucrat’s only took that, 1 billion dollars’ worth, times he can say the words ‘‘pass this wish list in order to get their bridges but they took 500 million dollars’ bill right away’’—the number of times fixed. Don’t patronize us by implying worth and they rescinded it, wiping out he can say it, actually in a 5-minute that if we pass the second stimulus, jobs, not applying it to the deficit, just speech. Today he will bring his act to a bridges will get fixed right away. The doing it, I guess, to show they are in 50-year-old bridge that connects my American people heard the same thing control of the House. But that fell own State of Kentucky with Ohio. The when the administration was selling apart last night. It fell apart because purpose of this visit is perfectly clear. the first stimulus, only to turn on their Republicans and Democrats would not The President’s plan is to go out to television sets 21⁄2 years later to see the support that issue. this bridge and say that if only law- President having a big laugh over the We don’t know what they are going makers in Washington would pass his fact that all these shovel-ready to do over there today. All kinds of ru- second stimulus bill right away, then projects weren’t quite as shovel-ready mors are floating around. We don’t bridges such as this one would get fixed as they thought they were. know. I have not spoken to the Speak- and that the only thing standing in the So I suggest, Mr. President, that you er or the majority leader over there. I way of repairing them is people like think about ways to actually help the haven’t talked to them. There are all me. people of Kentucky and Ohio, instead kinds of rumors as to what they might I would like to make a couple points of how you can use their roads and do. They might try to send it back to about all this. First, I find it hard to bridges as a backdrop for making a po- us again. But the one thing I heard take the President’s message all that litical point. If you are truly interested loudly and clearly, and my colleagues seriously when his own communica- in helping our State, if you truly want have to understand, the Republicans tions director is over at the White to help our State, then come back to have announced in the House they may House telling people he is no longer in- Washington and work with Republicans on legislation that will actually do be in session this weekend. I hope that terested in legislative compromise something to revive our economy and is not the case. I have spoken to the when the leaders of the President’s own create jobs and forget the political the- Republican leader here. If they send us party in Congress are treating this bill ater. something, we will do our very utmost like an afterthought. I yield the floor. to move as quickly as we can on that We would be more inclined to look at to take action on whatever they send this so-called jobs bill if the Presi- f us. dent’s own staff and members of his RESERVATION OF LEADER TIME But I wish to send this message to own party in Congress started taking it The ACTING PRESIDENT pro tem- them. They should not renege on the a little more seriously themselves. pore. Under the previous order, the agreement that was legislated just a Second, I remind the President that leadership time is reserved. few short weeks ago; that is, funding the people of Kentucky and Ohio have f government for the next year. We have heard this kind of thing before. Don’t agreed upon that, and whatever they forget, the President made the same MORNING BUSINESS send us, they should just send us a con- promises when he was selling his first The ACTING PRESIDENT pro tem- tinuing resolution until we work on stimulus. It is a message he brought to pore. Under the previous order, the

VerDate Mar 15 2010 23:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.001 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5851 Senate will be in a period of morning that our President continue to make it Mr. PRYOR. Mr. President, I ask business for 1 hour, with Senators per- absolutely clear that the United States unanimous consent that the order for mitted to speak for up to 10 minutes stands firm in our opposition to this ef- the quorum call be rescinded. each, with the time equally divided and fort. We have an opportunity and we The ACTING PRESIDENT pro tem- controlled between the two leaders or must signal to the rest of the world pore. Without objection, it is so or- their designees, with the Republicans that a lasting peace, which we all want dered. controlling the first half and the ma- to achieve, will only result from direct Mr. PRYOR. Mr. President, I would jority controlling the final half. negotiations between the Israelis and like to speak for 5 or 10 minutes, and The Senator from Nebraska is recog- the Palestinians and not through par- my understanding is we may still be in nized. liamentary procedure at some inter- the Republican time, but they have al- Mr. JOHANNS. Mr. President. national organization. While the lowed me to speak now. The ACTING PRESIDENT pro tem- United States supports a two-state so- (The remarks of Mr. PRYOR per- pore. The Senator from Nebraska. lution, we will not tolerate actions by taining to the introduction of S. 1606 f international organizations to drive a are printed in today’s RECORD under ‘‘Statements on Introduced Bills and U.N. STATEHOOD EFFORTS wedge into the Israeli-Palestinian peace process. Although President Joint Resolutions.’’) Mr. JOHANNS. Mr. President, I rise Abbas claims his initiative is a peace- Mr. PRYOR. Mr. President, I yield today to address the Palestinian efforts ful approach to resolving the conflict, the floor and suggest the absence of a to gain statehood at the United Na- the Palestinian Authority has refused quorum. tions, which is occurring this week. As time and time again to come to the ne- The ACTING PRESIDENT pro tem- most of us are aware, Palestinian Au- gotiating table and to deal directly pore. The clerk will call the roll. thority President Abbas has signaled with Israel. Setting up roadblock after The legislative clerk proceeded to that he intends to ask the United Na- roadblock, President Abbas has de- call the roll. tions for acceptance as a full member manded preconditions that have not Mr. NELSON of Florida. Mr. Presi- state. Several of my colleagues—and I applied to previous negotiations. dent, I ask unanimous consent that the might add from both sides of the This bid for U.N. statehood also vio- order for the quorum call be rescinded. aisle—have expressed grave concern lates the 1993 Oslo peace agreements The ACTING PRESIDENT pro tem- over this Palestinian initiative. signed by the Palestinian Authority pore. Without objection, it is so or- President Obama has indicated if this which required the peace process to dered. initiative is brought to a vote before continue through direct negotiations. f the Security Council, the United The U.N. statehood bid is counter- MEDICARE States plans to veto it. I support that. productive to a two-state solution as it Mr. NELSON of Florida. Mr. Presi- However, even if the veto occurs, Presi- will further damage Israel’s confidence dent, I wanted to call to the attention dent Abbas may then choose to ask the in the Palestinian Authority as a le- of the Senate the aftermath of having General Assembly to upgrade Pales- gitimate negotiating partner. Unfortu- passed the health care reform bill. tinian status to that of a nonvoting ob- nately, President Abbas’s intention to There was a great deal of consternation server state. If allowed to become a form a unity government with Hamas at the time, while we were delib- nonvoting observer state, Palestinians does not signal support or pursuit of a erating, that Medicare was going to be could then participate on U.N. commit- lasting peace. Hamas has made clear cut. We will recall that $500 billion was tees and bring allegations against that they have no intention of ending cut out of Medicare over the course of Israel to the International Criminal attacks on Palestinians or Israelis and a 10-year period, and the amount that Court and International Court of Jus- working toward a two-state solution. tice. Recognizing a Palestinian state in was being cut was considered to be a Let me be very clear: If the Pales- this manner could also lead to further threat to Medicare. tinian Authority continues to asso- isolation of Israel within the Middle As a matter of fact, when we passed ciate with Hamas and refuses to nego- East. These are outcomes we simply it, the Medicare cuts came from pro- tiate directly with Israel, of course cannot tolerate. viders—often providers that stepped up Israel, beyond any shadow of a doubt, there are consequences. I can assure and offered to have greater efficiencies is a stalwart friend and ally of the you the Senate and the House of Rep- and therefore Medicare savings over United States. They share our core val- resentatives will stand together to the decade. For example, the hospitals ues as a nation. They are a thriving de- make our disapproval known. U.S. aid of America came forth and said that we mocracy in a part of the world where to the Palestinian Authority is not on will save $150 billion. So one of the con- democracies are very hard to find. And cruise control. Congress will not walk siderations in Medicare was that we importantly, they stand strong with us away from supporting an appropriate were going to have to lean out the in the battle against international ter- way forward in the peace process that Medicare HMO Program called Medi- rorism. Thus, it is absolutely impera- respects the equal and inalienable care Advantage. tive we stand with Israel and do every- rights of all people. We will not and If we will recall, back in 2003 when we thing we can to send a very clear and cannot stand idly by while others at- passed the prescription drug bill, Medi- straightforward message. That message tempt to use the United Nations, not to care Advantage—the Medicare HMO— is this: The United States stands with bring about peace, but to undermine was actually given a bump up in Medi- our friends and we will not allow an our closest allies and friends. care reimbursement, some 14 percent international organization to under- As President Obama and his adminis- over and above Medicare fee for serv- mine this important and valued friend. tration continue efforts to resolve this ice. As a result, people had the great Congress has been very clear on this issue before it is brought up to the Se- incentive to go into a Medicare HMO imperative. Our strong bipartisan com- curity Council, I ask them to do all because the insurance companies—the mitment was reinforced earlier this they can to relay the disapproval of HMOs—were getting so much more per summer when both the Senate and the Congress and what President Abbas is Medicare beneficiary. But the fact is, House of Representatives overwhelm- trying to do and to stand without we saw, on a long, projected basis over ingly passed resolutions reaffirming equivocation, shoulder to shoulder, time that it was going to be the commitment of the United States with our friend, the state of Israel. It is unsustainable financially for the U.S. to direct negotiations between the our best chance of bringing peace to Government to keep giving a 14-per- Israelis and the Palestinians. The reso- the region. cent differential to insurance compa- lutions included opposition to this Pal- I yield the floor and note the absence nies over what the average Medicare estinian bid for U.N. statehood in a of a quorum. recipient would get in Medicare fee for Palestinian Government that includes The ACTING PRESIDENT pro tem- service. Hamas. pore. The clerk will call the roll. That was one of the reforms of the In light of this unwavering bipartisan The assistant legislative clerk pro- health care bill—to take that 14 per- support from Congress, it is crucial ceeded to call the roll. cent differential and lean it down over

VerDate Mar 15 2010 23:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.002 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5852 CONGRESSIONAL RECORD — SENATE September 22, 2011 time, but at the same time make it The legislative clerk proceeded to loan program, which promotes manufac- more efficient, make the health care call the roll. turing in the U.S. and is an important com- benefits better by having a greater per- Ms. LANDRIEU. Mr. President, I ask ponent of America’s energy security. centage of the actual delivery of that unanimous consent that the order for Sincerely, R. BRUCE JOSTEN. premium dollar go to health care in- the quorum call be rescinded. stead of all the administrative costs The ACTING PRESIDENT pro tem- Ms. LANDRIEU. Mr. President, it is and all of that of an insurance com- pore. Without objection, it is so or- the position of the Democrats—and pany. dered. some Republicans have taken this posi- tion—that this is not the right way to I am happy to report to the Senate DISASTER RELIEF go about funding disasters, by requir- that the Centers for Medicaid and Ms. LANDRIEU. Mr. President, I ing offsets. It is not necessary, it has Medicare Services came out last week wanted to get here a little earlier this hardly been done in the past—it has with their new results on Medicare Ad- morning, but I was chairing a panel been, but it is not routine—and it is vantage—the Medicare HMO Program— and was unable to do so. I know I only not recommended for a number of rea- as a result of the new health care bill. have 10 or 15 minutes or so before the sons I have tried to explain on the Nationally, the premiums for seniors Senator from Texas speaks, so I appre- floor. But adding to that debate now is on Medicare Advantage have gone ciate the opportunity to say a few the Chamber of Commerce saying that down 4 percent and the enrollment is words about our disaster recovery and is not the right offset to use if you are up 10 percent. Now that is a significant the debate going on between the House going to insist on finding one. little victory coming out of the new in- and the Senate about that. Secondly, I want to push back on the centives that were put in the health Yesterday, the House was unable to argument the House position will pro- care reform bill—new incentives to in- find the votes to pass the continuing vide enough funding to get us through surance companies to improve their resolution, and one of the issues of de- the next couple of weeks. That is only Medicare Advantage; nationally, 4 per- bate is how and when to fund our disas- partially correct, and I want to be very cent down in premiums, but they are ters. I know there are a lot of people clear. When people say, well, we can go becoming more attractive and so the following this debate, so I want to ahead and pass the 2.65 they have in for enrollment has gone up 10 percent. I bring everyone up to date on a couple 2012, which is an extension of last am happy to tell you, in my State of of recent developments. year’s number, and then the extra bil- Florida, where there are more Medi- First, the Chamber of Commerce has lion they put in for 2011, and that will care Advantage enrollees than any submitted a letter to us, strongly ob- sort of get us by the next couple of other State—over a million—the pre- jecting to the House using the Ad- weeks, let me be clear: It will get miums are down 26 percent and the en- vanced Technology Vehicle Manufac- FEMA by. It will fill up the disaster re- rollment is expected to go up almost 20 turing Loan Program as an offset to lief fund, which is running on fumes percent because of the incentives in the fund disasters. health care reform bill. Mr. President, I ask unanimous con- today. We are now down to $227 million in the fund, the lowest balance in re- What in this reform bill has given sent to have printed in the RECORD the new life to insurance companies to im- letter from the U.S. Chamber of Com- cent memory. It will provide a small prove their Medicare coverage that merce. amount of money relative to the core would cause the premiums to come There being no objection, the mate- budget—$226 million. But I want to be down and the enrollment to go up? Be- rial was ordered to be printed in the clear: There is no money in the House approach for agriculture, there is no cause CMS has now instituted a series RECORD, as follows: of financial incentives for the insur- money in the House approach for com- CHAMBER OF COMMERCE OF THE munity development block grants— ance company. And that is, if the in- UNITED STATES OF AMERICA, surance company boosts the quality of Washington, DC, September 22, 2011. zero—and there is no money for the the service to its Medicare enrollees, TO THE MEMBERS OF THE UNITED STATES economic development grants that then it will get a bonus per Medicare SENATE: The U.S. Chamber of Commerce, the chambers of commerce all over the enrollee. So if it is rated as a 3-star or world’s largest business federation rep- country, in areas and counties that higher, each additional star gives more resenting the interests of more than three have been hard hit, use to help their of a bonus and incentive to the insur- million businesses and organizations of every communities and their businesses get size, sector, and region, strongly supports ance company, responding to the fact back. disaster relief funding to assist victims of I just left a small business hearing, they have increased the quality. That natural disasters. The Chamber is also a is a good thing. The insurance compa- vocal proponent of fiscal responsibility and and the fact is, after a disaster, wheth- nies that are only rated 21⁄2 stars now recognizes that Congress must make dif- er it is in North Carolina or California have the financial incentive to get to 3 ficult but necessary choices among com- or Florida or Louisiana—and this is stars. peting priorities. very sad, particularly in these eco- What we have is a win all the way As Congress sets spending priorities, the nomic times—about 70 percent of small around. We have a win, clearly, for the Chamber wishes to highlight a few important businesses never make it back. So at a enrollees, who are the Medicare bene- facts about the Advanced Technology Vehi- time when we are trying to create jobs cle Manufacturing (ATVM) loan program. in America, help Americans get back ficiaries, because they are getting bet- First, the program was authorized in the En- ter quality and their premiums have ergy Independence and Security Act of 2007, to work and strengthen their busi- gone down in Florida by 26 percent. We which was supported by both Republicans nesses, the House wants to pass a con- have a second win for the insurance and Democrats as an important step in re- tinuing resolution with zero money for company, because now the higher qual- ducing America’s dependence on oil from un- these economic development grants ity it achieves, it is getting reimbursed stable regimes. Second, ATVM loans, which that chambers of commerce and other from Medicare all the more as a reward will be repaid with interest, incentivize conservative organizations, as well as for having a higher quality plan. The automakers and suppliers to build more fuel- nonpolitical organizations, believe are efficient advanced technology vehicles in the very effective. third win is to the U.S. taxpayer. It U.S., providing new opportunities for Amer- lowers the overall amount the U.S. tax- ican workers in a sector of the economy that So, please, if you are going to vote payer is going to have to pay as a re- is critical to the nation’s recovery. Third, for the House position, don’t go home sult of the greater efficiencies in the the fact that the Department of Energy has and pat yourself on the back and say Medicare Program. I wanted to come yet to use the funds Congress appropriated you took care of disaster victims. You and share with the Senate this win- for the program is not the fault of industry; might have filled up the FEMA fund win-win—triple win—as a result of our numerous loan applicants have been in the temporarily, but you have not left here having passed the health care reform queue for years, waiting for the Administra- doing the job I think we need to do. tion to complete its due diligence. The third point I want to push back bill a couple of years ago. Again, while the Chamber understands the Mr. President, I yield the floor, and I importance of reducing America’s unaccept- on—and I know my time is limited—is suggest the absence of a quorum. able debt and believes that all programs this comment last night by several The ACTING PRESIDENT pro tem- must be on the table, the Chamber urges you Members of the House that we have off- pore. The clerk will call the roll. to bear in mind the facts about the ATVM set disaster relief before. Yes, we have,

VerDate Mar 15 2010 23:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.005 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5853 but not, to my knowledge, in the im- want to speak. Again, we have a whole SEC. ll. SALE OF F–16 AIRCRAFT TO TAIWAN. mediate aftermath of the storms. As document here, which I have shown be- (a) FINDINGS.—Congress makes the fol- these things have gone on over years— fore, of projects in all of our States lowing findings: (1) The Department of Defense, in its 2011 for instance, 4 years after Katrina we that have been absolutely shut down report to Congress on ‘‘Military and Security were trying to find money to rebuild because we have run out of money. The Developments Involving the People’s Repub- one of our big military bases that col- only programs that are being funded lic of China,’’ found that ‘‘China continued lapsed, so we funded that through De- are real emergencies on the east coast. modernizing its military in 2010, with a focus fense and we found an offset. But that Everything else in Missouri, Louisiana, on Taiwan contingencies, even as cross- wasn’t within the first couple of weeks California, and Texas has been shut Strait relations improved. The PLA seeks of Katrina. That was after 4 years, and down to fund what is happening on the the capability to deter Taiwan independence and influence Taiwan to settle the dispute on we couldn’t find the money and we east coast. This is no way to run a rail- Beijing’s terms. In pursuit of this objective, really wanted to find it. So there are road. Let’s get disaster relief now. Beijing is developing capabilities intended to ways you can offset sometimes in the I hope the House will reconsider their deter, delay, or deny possible U.S. support distant future. position. I thank the chamber of com- for the island in the event of conflict. The I am going to remind people that merce for coming out strongly to re- balance of cross-Strait military forces and after Katrina, in the first 3 weeks, the move that offset. Again, let’s see if we capabilities continues to shift in the main- Federal Government funded $66 billion can find some money for USDA—Agri- land’s favor.’’ In this report, the Department without an offset. After the collapse of of Defense also concludes that, over the next culture—community development decade, China’s air force will remain pri- the Twin Towers, we funded $40 billion, block grants, and economic develop- marily focused on ‘‘building the capabilities and sent that to New York after the ment block grants. If they insist on required to pose a credible military threat to collapse of the Twin Towers. After 2004, doing it 6 weeks at a time, which I Taiwan and U.S. forces in East Asia, deter which was a very terrible year for Flor- don’t agree with, at least put in a little Taiwan independence, or influence Taiwan to ida, this Congress sent $2 billion within more money for these other programs settle the dispute on Beijing’s terms’’. a few weeks of four hurricanes hitting so we do not shut down, and we will (2) The Defense Intelligence Agency (DIA) Florida. Had we not done that, that conducted a preliminary assessment of the come back here in 6 weeks or 8 weeks status and capabilities of Taiwan’s air force State would be in a very serious eco- and figure it out. in an unclassified report, dated January 21, nomic downturn now. It never could I thank the Chair, and I yield the 2010. The DIA found that, ‘‘[a]lthough Tai- have recovered from four hurricanes in floor. wan has nearly 400 combat aircraft in serv- ice, far fewer of these are operationally capa- 1 year. They didn’t hit Louisiana, they f didn’t hit Texas, they didn’t hit Ala- ble.’’ The report concluded, ‘‘Many of Tai- bama. All four of them hit Florida. Did CONCLUSION OF MORNING wan’s fighter aircraft are close to or beyond we bellyache about it? Did anyone say: BUSINESS service life, and many require extensive maintenance support. The retirement of Mi- Let’s run up to Washington and find a The ACTING PRESIDENT pro tem- rage and F–5 aircraft will reduce the total $2 billion program that is not working pore. Morning business is closed. size of the Taiwan Air Force.’’ and cut it out so we can go help the f (3) Since 2006, authorities from Taiwan people in Florida? Absolutely not. We have made repeated requests to purchase 66 sent the money to Florida, and I know EXTENDING THE GENERALIZED F–16C/D multirole fighter aircraft from the they were grateful for it. That might SYSTEM OF PREFERENCES United States, in an effort to modernize the air force of Taiwan and maintain its self-de- be one of the reasons Senator RUBIO— The ACTING PRESIDENT pro tem- who was not in the Senate then but fense capability. pore. Under the previous order, the (4) According to a report by the Perryman now is—has voted for this position, be- Senate will resume consideration of Group, a private economic research and anal- cause he knows. He remembers. H.R. 2832, which the clerk will report. ysis firm, the requested sale of F–16C/Ds to I don’t know what the House is going The legislative clerk read as follows: Taiwan ‘‘would generate some $8,700,000,000 to do, and I most certainly don’t think in output (gross product) and more than A bill (H.R. 2832) to extend the Generalized 87,664 person-years of employment in the we need to shut the government down System of Preferences, and for other pur- US,’’ including 23,407 direct jobs, while ‘‘eco- over this debate, but it is a very impor- poses. tant debate to be having. I am proud to nomic benefits would likely be realized in 44 Pending: be leading the effort, along with many states and the District of Columbia’’. (5) The sale of F–16C/Ds to Taiwan would Democrats and some Republicans who Reid (for Casey) amendment No. 633, to ex- tend and modify trade adjustment assist- both sustain existing high-skilled jobs in key are saying, in the aftermath of a year ance. United States manufacturing sectors and that was one of the worst on record, we The ACTING PRESIDENT pro tem- create new ones. do not need to find the offsets now. (6) On August 1, 2011, a bipartisan group of I hope the House will stand strong pore. The Senator from Texas is recog- 181 members of the House of Representatives and beat back that position, because it nized. sent a letter to the President, expressing is not right today, it is not going to be AMENDMENT NO. 634 support for the sale of F–16C/Ds to Taiwan. right tomorrow, and it is not right for Mr. CORNYN. Mr. President, I call up On May 26, 2011, a bipartisan group of 45 the future. my amendment No. 634 and ask for its members of the Senate sent a similar letter I just hope we can prevail. immediate consideration. to the President, expressing support for the sale. Two other members of the Senate wrote Later on, when we are looking to fig- The ACTING PRESIDENT pro tem- separately to the President or the Secretary ure out how to pay for all this, we have pore. The clerk will report. of State in 2011 and expressed support for time over the next year or year and a The legislative clerk read as follows: this sale. half or 2 or 3 or even 4 years as we work The Senator from Texas [Mr. CORNYN] pro- (b) SENSE OF CONGRESS.—It is the sense of on moving our deficit down. All of this poses an amendment numbered 634. Congress that— (1) a critical element to maintaining peace is going to have to be paid eventually. Mr. CORNYN. Mr. President, I ask But I believe very strongly that we and stability in Asia in the face of China’s unanimous consent that further read- two-decade-long program of military mod- must not think it is OK to get into a ing of the amendment be dispensed ernization and expansion of military capa- pattern of, when disaster strikes, in- with. bilities is ensuring a militarily strong and stead of opening shelters, instead of The ACTING PRESIDENT pro tem- confident Taiwan; giving people immediate relief, the pore. Without objection, it is so or- (2) a Taiwan that is confident in its ability first thing the leadership of this coun- dered. to deter Chinese aggression will increase its try does is run to Washington and try The amendment is as follows: ability to proceed in developing peaceful re- lations with China in areas of mutual inter- to gut several other programs over- (Purpose: To provide Taiwan with critically night or quickly or without thought est; needed United States-built multirole fight- (3) the cross-Strait military balance be- before we can fund disasters. That is er aircraft to strengthen its self-defense tween China and our longstanding strategic not the way we should operate. capability against the increasing military partner, Taiwan, has clearly shifted in Chi- I thank the Chair for being very con- threat from China) na’s favor; siderate and giving me this extra time. At the appropriate place, insert the fol- (4) China’s military expansion poses a clear I thank my colleagues; I know others lowing: and present danger to Taiwan, and this

VerDate Mar 15 2010 23:46 Sep 22, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.008 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5854 CONGRESSIONAL RECORD — SENATE September 22, 2011 threat has very serious implications for the process of deploying next generation Chinese and support for its Indigenous Defensive ability of the United States to fulfill its se- and Russian manufactured ships, fighter air- Fighter (IDF)—an aircraft that the Defense curity obligations to allies in the region and craft, and submarines. Military experts in Intelligence Agency has assessed faces ‘‘lim- protect our vital United States national in- both Taiwan and the United States have ited combat range and payload capacity terests in East Asia; raised concerns that Taiwan is losing the [which] restrict its effectiveness in air-to-air (5) Taiwan’s air force continues to deterio- qualitative advantage in defensive arms that combat.’’ rate, and it needs additional advanced has long served as its primary military de- Given the decrepit state of Taiwan’s F–5s, multirole fighter aircraft in order to mod- terrent against China. the service life issues associated with its ernize its fleet and maintain a sufficient self- Taiwan desperately needs new tactical IDF, and a growing problem faced by all re- defense capability; fighter aircraft. Within the next decade Tai- cipient countries in obtaining affordable and (6) the United States has a statutory obli- wan will retire 70% of its fighter force struc- sustainable access to spare parts for Mirages, gation under the Taiwan Relations Act (22 ture. Its F–5s have reached the end of their I am very concerned that if the Administra- U.S.C. 3301 et seq.) to provide Taiwan the de- utility, its Mirage fighters lack parts and tion does not act favorably on Taiwan’s out- fense articles necessary to enable Taiwan to life-cycle support, and its Indigenous De- standing Letter of Request (LOR) for sales of maintain sufficient self-defense capabilities, fense Fighters are being converted to a F16C/D aircraft, Taiwan will be forced to re- in furtherance of maintaining peace and sta- trainer role. Additionally, Taiwan’s existing tire all of its existing F–16A/B aircraft in the bility in the western Pacific region; 145 F–16 A/B fighters all require a mid-life next decade, leaving it with no credible air- (7) in order to comply with the Taiwan Re- upgrade. With F–16s already in its inventory, to-air capability. Since Taiwan already has lations Act, the United States must provide Taiwan is seeking to combine its fighter many U.S. F–16 aircraft, replacement and Taiwan with additional advanced multirole fleet around a single airframe with the com- augmentation of its existing fleet would not fighter aircraft, as well as significant up- mensurate cost and operational benefits. affect the qualitative and quantitative mili- grades to Taiwan’s existing fleet of multirole We are deeply concerned that further delay tary balance in its region, and would also, in fighter aircraft; and of the decision to sell F–16s to Taiwan could turn, greatly assist the U.S. industrial base. Any reasonable approach to Taiwan’s ex- (8) the proposed sale of F–16C/D multirole result in closure of the F–16 production line, isting tactical aircraft requirements in- fighter aircraft to Taiwan would have sig- and urge you to expedite this defense export cludes both sustainment of its existing F–1 nificant economic benefits to the United process before the line closes. Without new 6A/Bs, but also, sales of new F–16C/Ds. Lim- States economy. fighter aircraft and upgrades to its existing iting assistance only to upgrades of F–16A/Bs (c) SALE OF AIRCRAFT.—The President shall fleet of F–16s, Taiwan will be dangerously ex- exacerbates both near and long term air-to- carry out the sale of no fewer than 66 F–16C/ posed to Chinese military threats, aggression air challenges due to the fact that a substan- D multirole fighter aircraft to Taiwan. and provocation, which pose significant na- tional security implications for the United tial number of Taiwan’s deployed F–16A/Bs Mr. CORNYN. Mr. President, yester- States. would have to be removed from service in day I came to the floor and spoke The Taiwan Relations Act (TRA) of 1979 di- order to undergo upgrades. about my intention to offer this rects both the Congress and the President to Over a year ago, Assistant Secretary of amendment, which is now pending be- make decisions on arms sales to Taiwan State for Political Military Affairs Andrew fore the Senate, which would require based solely on the ‘‘judgment of the needs Shapiro assured the Committee on Foreign Relations that your Department would un- the U.S. Government to sell 66 F–16C/D of Taiwan,’’ and we believe that Taiwanese pilots, flying Taiwanese fighter aircraft dertake an extensive and honest discussion aircraft to the Government of Taiwan with the Foreign Relations Committee re- pursuant to our responsibilities under manufactured in the United States, rep- resent the best first line of defense for our garding Taiwan. Such consultations have yet the Taiwan Relations Act of 1979, democratic ally, while presenting no offen- to occur. In my view, a sensible place to passed with bipartisan support of the sive threat to China. start would be with Taiwan’s existing tac- Congress and signed into law by Presi- We urge you to act swiftly and provide Tai- tical aircraft capability, aside from its other dent Jimmy Carter. Under this law, it wan with the F–16 C/D aircraft that are crit- air defense challenges. I am still awaiting proposed dates from the is the responsibility of the U.S. Gov- ical to meeting our obligations pursuant to the TRA and to preserving peace and secu- Department for the initiation of these dis- ernment to provide our ally Taiwan cussions. In order to be able to produce need- rity in the Taiwan Strait. with sufficient defensive weapons in ed F16C/Ds and deliver them by 2015, or even Sincerely, sooner should Taiwan move quickly, an Ad- order to defend itself against any pos- Robert Menendez, James Inhofe, Jim ministration decision is needed in 2011 to act sible aggression by Communist China Webb, Jon Kyl, Joseph I. Lieberman, favorably on the F–16C/D request. I am par- or from any other source. I spoke at Dan Coats, Tim Johnson, Roger F. ticularly interested in the Department’s re- some length about this yesterday, and Wicker, , John Cornyn, Ben- sponses to key questions: What are the jamin L. Cardin, John Barrasso, I won’t reprise all of those arguments. major issues associated with approval of this Sherrod Brown, Jeff Sessions, Richard At the outset, I ask unanimous con- LOR? Why is the Administration apparently Blumenthal, John Boozman, Jon sent to have printed in the RECORD 3 unwilling to act on it? What are the risks letters—1 signed by 45 Senators sup- Tester, Tom Coburn, Joe Manchin III, and benefits in agreeing to the sale? John Hoeven, Bill Nelson, Saxby Cham- Presently, we have not received any clear porting this sale of F–16s to Taiwan bliss, Barbara Mikulski, Kay Bailey and 2 separate letters from Senator and consistent information from the State Hutchison, John D. Rockefeller IV, Department regarding this matter, and I be- LUGAR, the ranking member of the For- Scott Brown, Herb Kohl, Chuck Grass- lieve it is time to engage in a meaningful eign Relations Committee, and Senator ley, Jim DeMint, Marco Rubio, David consultation with this Committee on Tai- LISA MURKOWSKI of Alaska, for a total Vitter, , Mike Crapo, wan. of 47 Senators who are on record as Johnny Isakson, Mark Kirk, John I look forward to your prompt consider- supporting this sale. McCain, Mike Lee, Lindsey Graham, ation of this letter. There being no objection, the mate- Kelly Ayotte, Mike Johanns, Ron Sincerely, rial was ordered to be printed in the Johnson, Richard Burr, Michael B. RICHARD G. LUGAR, Enzi, James E. Risch, Susan M. Collins. Ranking Member. RECORD, as follows: U.S. SENATE, U.S. SENATE, U.S. SENATE, Washington, DC, May 26, 2011. COMMITTEE ON FOREIGN RELATIONS, Washington, DC, June 13, 2011. PRESIDENT BARACK OBAMA, Washington, DC, April 1, 2011. PRESIDENT BARACK OBAMA, The White House, Hon. HILLARY R. CLINTON, The White House, Pennsylvania Avenue, NW., Washington, DC. Secretary of State, U.S. Department of State, Washington, DC. DEAR MR. PRESIDENT: We are writing to ex- Washington, DC. DEAR MR. PRESIDENT: I am pleased to join press serious concern about the military im- DEAR SECRETARY CLINTON: The issue of with 47 of my Senate colleagues in urging balance in the Taiwan Strait. To maintain U.S. defense equipment sales to Taiwan has that your administration move expeditiously peace and stability in the Strait, it is crit- now become an urgent matter. Taiwan has to notify Congress of the sale of 66 F–16 C/D ical that your administration accept Tai- legitimate defense needs, and its existing ca- aircraft that Taiwan needs in order to mod- wan’s Letter of Request (LOR) and move pabilities are decaying. Replacement of its ernize its air force. quickly to notify Congress of the sale of 66 tactical aircraft is warranted, is not provoc- Within the next decade Taiwan will retire F–16 C/D aircraft that Taiwan needs in order ative and is justified. 70% of its fighter force structure. Its F-5s to modernize its air force. While it has acquired some Mirage air- have reached the end of their utility, its Mi- Successive reports issued by U.S. and Tai- craft, Taiwan has acquired more than 400 rage fighters lack parts and life-cycle sup- wanese defense authorities clearly outline tactical aircraft (F–16A/Bs and F–5s) sold and port, and its Indigenous Defense Fighters are the direct threat faced by Taiwan as a result produced in Taiwan from the United States. being converted to a trainer role. Addition- of China’s unprecedented military buildup. But there have been no new sales of needed ally, Taiwan’s existing 145 F–16 A/B fighters Beijing presently has more than 1,400 mis- aircraft to Taiwan in many years. Approved all require a mid-life upgrade. With F–16s al- siles aimed at Taiwan, and China is in the transactions involved only lower-level sales ready in its inventory, Taiwan is seeking to

VerDate Mar 15 2010 04:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.001 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5855 combine its fighter fleet around a single air- that many of the aircraft being flown cally that the United States will pro- frame with the commensurate cost and oper- now in Taiwan by the Taiwan Air vide to Taiwan the defense articles ational benefits. Force are French Mirage aircraft which necessary to enable Taiwan to main- The Taiwan Relations Act (TRA) of 1979 di- rects both the Congress and the President to are some 20 years old or American F–5 tain sufficient self-defense capabilities make decisions on arms sales to Taiwan aircraft which were first delivered in in furtherance of maintaining peace based solely on the ‘‘judgment of the needs 1975 through 1985 but which are now and stability in the Western Pacific re- of Taiwan,’’ and I believe that Taiwanese pi- virtually obsolete. It is for that reason gion. lots, flying Taiwanese fighter aircraft manu- the sale of these additional 66 F–16C/D We know the U.S. military has been factured in the United States, represent the version aircraft is so important—to re- stressed by repeated deployments in best first line of defense for our democratic place those obsolete French Mirages Afghanistan and Iraq and commit- ally, while presenting no offensive threat to and F–5s. China. ments around the world. So why in the Moreover, I am deeply concerned that fur- Taiwan’s request had been, as I indi- world wouldn’t we want to improve the ther delay of the decision to sell F–16s to cated earlier, not for the retrofit or for capacity of the Taiwanese Government Taiwan could result in closure of the F–16 new aircraft, but they wanted both. to defend itself and reduce any poten- production line, and urge you to expedite The administration should have ap- tial burden on the United States in the this defense export process before the line proved both, and that is exactly what process? closes. 47 Members of this Senate stated—the I urge you to act swiftly and provide Tai- I want to remind my colleagues what wan with the F–16 C/D aircraft that are crit- bipartisan letters I have admitted into sufficient defense capabilities means. ical to meeting our obligations pursuant to the RECORD—encourage the adminis- This is part of a memorandum from the TRA and to preserving peace and secu- tration to do to make the right deci- President Ronald Reagan in 1982, and I rity in the Taiwan Strait while strength- sion and to do both. But since the ad- think it is worth reading. ening America’s economy by keeping the F– ministration chose only to go the ret- It is essential that the quantity and qual- 16 in production. rofit route for existing aircraft, I think ity of the arms provided Taiwan be condi- Sincerely, it is important for us to send a message tioned entirely on the threat posed by the LISA MURKOWSKI, and to exercise our authority under the PRC [People’s Republic of China]. Both in U.S. Senator. Constitution to compel that sale. quantitative and qualitative terms, Taiwan’s Mr. CORNYN. Mr. President, as I There is a bigger point I would like defense capability relative to that of the said, yesterday I spoke about the legis- to make as well. America’s credibility PRC will be maintained. lation Senator MENENDEZ and I had of- in East Asia and beyond is at risk by That was the understanding of Con- fered. That is a stand-alone bill; this is the administration’s decision yester- gress, that was President Reagan’s un- now an amendment to this pending day. The President spoke at the United derstanding, and that was our expla- trade bill. I do believe it is appropriate Nations earlier this week and ad- nation to the Chinese Government to for us to consider this matter in the dressed many priorities of U.S. foreign reassure them about the purpose for context of this trade bill because, of policy. I am not going to respond to these military sales—to provide a de- course, we all recognize and common each one of them because it was a 40- fensive capability, not an offensive ca- sense would tell us that selling to for- minute speech, but my point is, the pability but a defensive capability. eign customers the things that we grow success of U.S. foreign policy in every Why is Taiwan asking for these air- here in America or that we manufac- region of the world depends on the craft? Well, as I indicated earlier, Tai- ture in America sustains jobs right credibility of the U.S. Government— wan’s air defense capabilities are near- here at home. Indeed, we have cir- whether we stand by our friends and ly obsolete, while China’s military ca- culated among various offices what the whether we keep our commitments or pabilities are growing at an alarming impact on jobs would be all across the whether we will abandon our support rate. But air defense is not just a game country when it comes to the sale and for other democracies like Taiwan. The of numbers; it is about the quality of manufacture of these F–16s. A lot of answer to that question is of enormous the aircraft as well. jobs would be created in America at a interest not only to the people of Tai- So what about the quality of Tai- time when unemployment is intrac- wan, to whom we have pledged in this wan’s existing forces? Well, according tably and unacceptably high. But that to the Defense Intelligence Agency in is not the main reason I believe this 1979 law, the Taiwan Relations Act that I mentioned earlier, but also to an unclassified report last year, many amendment is so important. of Taiwan’s fighter aircraft are close to Let me back up to say that yesterday the people of Israel, to the people of or beyond service life and many require the President did announce that he ap- Eastern Europe, to the people of Japan extensive maintenance support. proved military exports to Taiwan, but and South Korea, and to the fledgling So China’s capabilities are clearly I wish to address first the insufficiency democracies now in Iraq and the people of the response. of Afghanistan, to people who are suf- newer, and they are growing and focus Yesterday, Congress was officially fering from oppressive regimes all clearly on intimidating Taiwan and, notified by the Defense Security Co- across the world who want the same yes, even the United States. operation Agency that the administra- basic freedoms we do and who share China’s official press agency reported tion had approved a retrofit for 145 F– our values in self-government. in March that the People’s Republic of 16A/B aircraft—aircraft Taiwan already What kind of message does it send China will increase its military budget owns. So this is not unprecedented. We from America to these friends of free- this year by more than 12 percent. That have already sold Taiwan A/B versions dom? What kind of message does the is on top of an increase last year of 7.5 of the F–16. But, as the administration Senate send by denying our ally Tai- percent. But the Pentagon estimates acknowledges by saying these need to wan the purchase of military exports that China is not being transparent be updated and retrofitted, these are that they need and that they re- with regard to its military spending. In older aircraft and need to be modern- quested? And what message can the fact, China’s official and public budget ized in order to be effective. U.S. Senate send to reassure our allies of $90 billion is far less than the $150 There is no question that these up- in Taiwan as well as people watching billion that they actually spent. grades on the existing 145 F–16 aircraft everywhere around the world with our So whom does China intend to in- are necessary, but it is not sufficient to credibility on the line? timidate by this growing military deal with the airpower needs of our I want to reiterate that this is a bi- power? Here is what the Pentagon had Taiwanese allies. You can see by this partisan matter. This is not a partisan to say in its 2011 report to Congress chart the disparity between what the issue at all. Republicans and Demo- called ‘‘Military and Security Develop- People’s Republic of China has—about crats alike have supported the Mutual ments Involving the People’s Republic 2,300 operational combat aircraft Defense Treaty signed by President Ei- of China.’’ The Defense Department ob- versus 490 operational combat air- senhower in 1954, and the Taiwan Rela- served that China continued modern- craft—owned by the Government of tions Act was supported with bipar- izing its military in 2010, with a focus Taiwan. tisan support and signed by President on Taiwan contingencies. The Pen- But what I think the President’s de- Jimmy Carter in 1979, and it remains tagon also noted that China’s Air cision fails to acknowledge is the fact the law of the land. That states specifi- Force will remain primarily focused on

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.008 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5856 CONGRESSIONAL RECORD — SENATE September 22, 2011 ‘‘building the capabilities required to would greatly reassure our allies and As you can see from this map, 32 pose a credible military threat to Tai- partners around the world if we acted States will have that level of job cre- wan and U.S. forces in the East Asia.’’ in a responsible way consistent with ation or more, making this F–16 sale to Some say we shouldn’t look at our our legal obligation under the Taiwan Taiwan a coast-to-coast job engine. In policy with Taiwan in a vacuum, and I Relations Act, which apparently the fact, according to a report by the agree with that. We should look at it in administration has declined to do. Perryman Group, the requested sale of the larger context, both of the region Many of my colleagues remember F–16C/Ds to Taiwan ‘‘would generate and our strategic relationship with what President Clinton did in 1996. He some $8.7 billion in output.’’ That is China. We know many of China’s neigh- deployed two aircraft carrier battle something the American economy bors in that region are concerned about groups during the Taiwan Strait crisis could use now? Furthermore, it would the military buildup and the increas- then. That crisis developed when China directly support more than 23,000 jobs. ingly bellicose rhetoric from the gov- tried to intimidate Taiwan, once again, That is surely something we need now. ernment. on the eve of its first free Presidential As I said, these jobs don’t cost the Last year, China claimed the South election by conducting this series of so- American taxpayer a dime. Apart from China Sea as a core interest, which un- called military exercises that included the paperwork and processing nec- settled Vietnam and the Philippines the firing of missiles just a few miles essary to approve the deal, these are and Indonesia and other nations in the north of Taiwan. private sector jobs, and it is exactly region. China has renewed its President Clinton responded by or- the private sector that we need to take longrunning border dispute with India, dering the largest U.S. military force off again. and, frankly, it continues to be an en- since the Vietnam war to deploy to the The one thing the Federal Govern- abler, as we know, of the nuclear region, including carrier battle groups ment, the U.S. Government, needs to threat in North Korea. We know Paki- led by the USS Nimitz and the USS do perhaps more than anything else is stan’s Defense Minister publicly dis- Independence. America’s show of re- simply get out of the way and let these cussed the possibility of China building solve and strength did not escalate Americans continue to stay on the a naval base in Pakistan, which is al- that crisis, it diffused it—exactly what job—and collect, in addition, an esti- ready home to a new strategically im- would happen here if we made this sale mated $768 million in Federal tax rev- portant port at the mouth of the Gulf to Taiwan. It would send, as that did enue. That is something else we could of Oman. then, a welcome signal to the region. use, more tax revenue coming in from So it is important to look at the im- According to an article in the cur- more employed workers so we can close pact of China’s growing military rent issue of Washington Quarterly, the gap in our $1.5 trillion annual def- strength and its bellicose rhetoric on following that crisis the region’s con- icit and begin to work our way toward the whole region because, frankly, the fidence in the United States soared. reducing the debt, which is more than disparity I pointed out earlier between Japan, Singapore, the Philippines, and $14 trillion. the capability of the People’s Republic other nations in the region all bol- I thank, on a bipartisan basis, the of China when it comes to air power stered their security ties with the Senators who have supported this leg- and that of Taiwan is a destabilizing United States. islation. I note that of the 47 signato- influence in the region. Why in the Isn’t that what we want? If America ries on the letters that have been made world would we want to create a desta- is going to be an undependable ally, part of the record supporting this sale, bilizing condition in that region as op- there is no real benefit to people align- 13 are from our Democratic friends posed to a stable one that is in our best ing their interests with ours and join- across the aisle. This is truly a bipar- tisan effort. interests and that is in the best inter- ing with us in these sorts of strategic For all the reasons I have mentioned, ests of our allies? security ties. I hope we will vote yes and pass this We can tell that the Communist Chi- The Taiwan Strait crisis was one of important amendment to this bill. the real foreign policy successes of the nese Government is trying to intimi- I yield the floor and reserve the re- date the United States from living up Clinton administration, but the au- mainder of my time. to its responsibilities. Last week, Chi- thors of that same article conclude The PRESIDING OFFICER (Mr. na’s top official newspaper used a lot of that ‘‘forsaking Taiwan now will likely BROWN of Ohio). Who yields time? The unnecessary language on the subject of have the opposite effect.’’ senior Senator from Montana is recog- the arms sales to Taiwan. They called I want to return to a subject I nized. those of us on Capitol Hill who are sup- brought up earlier. In addition to our Mr. BAUCUS. Mr. President, the porting this ‘‘madmen,’’ and said we other interests, which are many, and book of Ecclesiastes contains wisdom were ‘‘playing with fire’’ and said there having us seen as being a dependable that should guide us today, and I am would be a ‘‘disastrous price’’ if we ally to our friends and keeping our paraphrasing. This is not exactly what continued to support our allies in Tai- commitments, this bill deserves the the Scriptures say: For everything wan. They would like nothing better support of the Senate for other reasons there is a season and a time for every than for us to turn our backs on our al- as well. In addition to our longstanding matter under the Sun. Or, to state it lies in Taiwan, just like other bullies bipartisan consensus on Taiwan, the more colloquially, there is a time and around the world would love for Amer- growing gap in military capabilities place for everything. Some times are ica to retreat and to pull back in our between Taiwan and China, China’s ag- better than others; some places are support for self-governing peoples ev- gressive behavior toward its neighbors better than others. erywhere. and the United States’ credibility with My colleague from Texas offered an I do not think we want to send the our allies and free people everywhere, amendment that required the Presi- message—I know I do not want to send this is a jobs bill. dent to sell F–16 fighter jets to Taiwan. the message—that the United States This is a policy that creates jobs. If I, respectfully, note the debate on this will give in to this kind of intimida- we sell this American-made product to trade adjustment assistance bill is not tion. We should pass this legislation to our friends and allies who are willing the appropriate time, season, or place send a clear message to China and to pay for it—and it will not cost one to raise this issue. This is a trade bill. other nations around the world who are dime in taxpayer dollars—it creates This is not about sales of F–16s to Tai- beating their chests and growing in jobs at home. This chart shows, in yel- wan or to any country. It is a wholly military strength and posing desta- low, all of the States where jobs would different subject. It has nothing to do bilizing risks that the real madmen are be created and sustained as a result of with what we are trying to debate those who think America will abandon these sales. This map shows every today and focus our attention on so we our friends and allies and our prin- State in which direct and indirect em- can get this legislation passed. ciples and our long-range and long- ployment from this export sale of F–16s The adoption of an amendment on an standing strategic interests in the sta- to Taiwan is projected to be at least 60 unrelated and controversial issue of bility of East Asia. person-years of employment, which is Taiwanese arms sales would derail the As I indicated earlier, there are a lot the equivalent of 10 American workers carefully negotiated bipartisan agree- of people watching what we do. It employed full time for 6 years. ment on trade assistance. If this

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.018 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5857 amendment would pass of itself, irre- disputes the harm; that is not the So for these reasons—and also be- spective of the merits, it would derail issue. The issue is how quickly can we cause passage of the Rubio amendment passage of trade adjustment assistance adopt them. would jeopardize passage of trade ad- because it would be an amendment. So Harm; that is, delay, is well docu- justment assistance and jeopardize the it would go over to the other body, mented, and there is blame to go all passage of free-trade agreements—I they would have to work with it, around, so we should not waste scarce urge my colleagues to oppose that maybe concur with it, include maybe resources to score political points; that amendment as well. other amendments, and it would, per- is, it is not worth time trying to point I yield the floor and suggest the ab- haps, come over here again. the finger of blame anywhere. Rather, sence of a quorum. We have an agreement between the it makes much more sense to get the The PRESIDING OFFICER. The House and Senate and White House job done; that is, pass the free-trade clerk will call the roll. where we pass both trade adjustment agreements. And passage of the trade The assistant legislative clerk pro- assistance and then we can pass the adjustment assistance will mean pas- ceeded to call the roll. free-trade agreements and most every- sage of the free-trade agreements. So Mr. RUBIO. Mr. President. body wins. This amendment ultimately we should instead use our resources to The PRESIDING OFFICER. The jun- would imperil passage of the three identify foreign trade barriers that im- ior Senator from Florida. pending trade agreements with Colom- pede U.S. exports. We should help small Mr. RUBIO. Mr. President, I ask bia, Panama, and South Korea. businesses succeed in global markets, unanimous consent that the order for I know my good friend—I suspect; and we should monitor whether our the quorum call be rescinded. that would be presumptuous of me— trade partners are abiding by the rules. The PRESIDING OFFICER. Without but I suspect my good friend from So let’s look forward, not to the past. objection, it is so ordered. Texas is very much in favor of those Let’s avoid further delay of our trade AMENDMENT NO. 651 TO AMENDMENT NO. 633 three trade agreements with Colombia, agreements. Let’s defeat this amend- Mr. RUBIO. Mr. President, I call up Panama, and South Korea. I know a ment and send to the House a clean bill Rubio amendment No. 651 and ask for number of my colleagues on both sides on trade adjustment assistance. its consideration. of the aisle also support the sale of F– AMENDMENT NO. 651 The PRESIDING OFFICER. The 16s to Taiwan. Speaking on another amendment— clerk will report the amendment. But to paraphrase Ecclesiastes, this first was the Cornyn amendment, sec- The legislative clerk read as follows: is an issue that should be debated at ond was the Thune amendment, and The Senator from Florida [Mr. RUBIO] pro- another time. Not here. At another now is the Rubio amendment, which poses an amendment numbered 651 to amend- ment No. 633. time. will be voted upon soon—I urge my col- Just 9 days ago, Senator CORNYN in- leagues to vote against Senator Mr. RUBIO. I ask unanimous consent that further reading of the amendment troduced legislation on the F–16 issue RUBIO’s amendment. It would limit that tracks the substantive language of trade adjustment benefits only to be dispensed with. The PRESIDING OFFICER. Without this amendment. That amendment has workers who lose their jobs as a result objection, it is so ordered. been referred to the Senate Foreign Re- of imports from a country with which The amendment is as follows: lations Committee where it belongs. the United States has a free-trade That is, in fact, the right way to deal agreement. The United States has only (Purpose: To limit eligibility for trade ad- justment assistance to workers who are with this issue, through consideration about 17 free-trade agreement partners. laid off because of an increase in imports by the committee of jurisdiction. We do not limit our trade just to those from, or a shift in production to, a country In the spirit of Ecclesiastes, I, there- countries. There is a lot of trade with which the United States has a free fore, urge my colleagues to save this around the world. The United States trade agreement in effect) issue for another day to vigorously dis- trades with virtually every country in On page 5 of the amendment, between lines cuss and debate it, to look at the mer- the world, not just to countries with 6 and 7, insert the following: its, to see what makes sense and does which we have free-trade agreements. SEC. 212. REQUIREMENT THAT TO BE ELIGIBLE not make sense. But that is for another In fact, we export to nearly 200 coun- FOR TRADE ADJUSTMENT ASSIST- day. We should vote against the ANCE WORKERS BE LAID OFF BE- tries around the world. Remember, we CAUSE OF IMPORTS FROM, OR A amendment at this time. It could be a have only 17 free-trade agreements, but SHIFT IN PRODUCTION TO, A COUN- very meritorious issue, I am not pass- we export to nearly 200 countries TRY WITH WHICH THE UNITED ing judgment on it, but this is not the STATES HAS A FREE TRADE AGREE- around the world. MENT IN EFFECT. time and place. If it were adopted, it Under this amendment, the Rubio Section 222 of the Trade Act of 1974 (19 would severely jeopardize the passage amendment, workers who lose their U.S.C. 2272), as amended by section 211 of of trade adjustment assistance and also jobs as a result of trade with 8 of our this Act, is further amended by striking sub- the free-trade agreements which are top 10 trade partners, including China section (a) and inserting the following: supported by many Members of this and Japan, would not receive TAA ben- ‘‘(a) IN GENERAL.—A group of workers shall body. efits. Why? Because there is no free- be certified by the Secretary as eligible to apply for adjustment assistance under this AMENDMENT NO. 650 trade agreement with those countries. chapter pursuant to a petition filed under I would like to speak on another It makes no sense whatsoever. In fact, section 221 if the Secretary determines matter, and that is the Thune amend- the Rubio amendment would say to that— ment. The Thune amendment looks workers around the country, if you lose ‘‘(1) a significant number or proportion of backwards to the past when we should your job due to trade with China, you the workers in such workers’ firm have be- be looking forward to the future. I un- are out of luck. If you lose your job due come totally or partially separated, or are derstand Senator THUNE will offer his to trade with India, you are out of threatened to become totally or partially amendment very soon today. luck. Only if you lose your job with a separated; and The bill before the Senate restores country with which we have a free- ‘‘(2)(A)(i) the sales or production, or both, urgently needed job training for Amer- of such firm have decreased absolutely; trade agreement do you get assistance. ‘‘(ii)(I) imports from a country with which ican workers impacted by trade. It also The Rubio amendment would signifi- the United States has a free trade agreement clears the path for Congress to approve cantly, therefore, limit the number of in effect of articles or services like or di- our job creating trade agreements with workers who get help under trade ad- rectly competitive with articles produced or Colombia, Panama, and South Korea. justment assistance. Why would we services supplied by such firm have in- The bill reflects the understanding want to do that? Why would we want to creased; among the Senate, the House and the do that at a time when 14 million ‘‘(II) imports from such a country of arti- President, about how to move the trade Americans are looking for work? Trade cles like or directly competitive with arti- agenda forward. But the Thune amend- adjustment assistance helps Americans cles— ‘‘(aa) into which one or more component ment looks, not forward, it looks back- get the important retraining they need parts produced by such firm are directly in- wards. It calls for a new government to find good-paying jobs, and now is corporated, or report on the harm from delaying the not the time to shut out those Ameri- ‘‘(bb) which are produced directly using pending free-trade agreements. No one cans. services supplied by such firm,

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.021 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5858 CONGRESSIONAL RECORD — SENATE September 22, 2011 have increased; or free-trade agreement. As you create States and open businesses here. Also, ‘‘(III) imports of articles directly incor- this new relationship with new coun- regulatory reform. Let there be no porating one or more component parts pro- tries and new economies, the effect of doubt that while there are significant duced in such a country that are like or di- it is while some jobs may be lost, those currency manipulation problems and rectly competitive with imports of articles incorporating one or more component parts jobs are replaced with new opportuni- significant trade impediments in terms produced by such firm have increased; and ties and new jobs. In the process of of unfair trade practices by other coun- ‘‘(iii) the increase in imports described in that transition, between the job you tries, some of the wounds are self-in- clause (ii) contributed importantly to such once had and the job you hope to have flicted through a regulatory and a Tax workers’ separation or threat of separation in the future as a product of free trade, Code that makes it difficult for people and to the decline in the sales or production you create this fund to help workers to do things and do business in the of such firm; or adjust from point A to point B. That is United States. ‘‘(B)(i)(I) there has been a shift by such the purpose of it. That is why it has Again, I am encouraged when I hear workers’ firm to a country with which the been included in things such as the bipartisan talk about regulatory re- United States has a free trade agreement in effect in the production of articles or the Trade Act of 1974. It was ushered in form and tax reform. These are the supply of services like or directly competi- with the North American Free Trade kinds of things that can deal perma- tive with articles which are produced or Agreement under President Clinton. It nently with a permanent and en- services which are supplied by such firm; or was also included in the Trade Act of trenched problem. That is not the pur- ‘‘(II) such workers’ firm has acquired from 2002, the last authorization of the trade pose of TAA. Today we stand here con- such a country articles or services that are promotion authority so vital to pro- sidering this as a gateway issue be- like or directly competitive with articles moting the free-trade policies in the cause we have been told we have to which are produced or services which are United States. pass this bill before we can get to the supplied by such firm; and ‘‘(ii) the shift described in clause (i)(I) or From its inception, TAA has been free-trade agreements, and so clearly it the acquisition of articles or services de- linked to free trade. Basically the un- links the two. If we are going to link scribed in clause (i)(II) contributed impor- derstanding is when you enter into the two, we have to make it very clear tantly to such workers’ separation or threat free-trade agreements with another that this sort of existence was created of separation.’’. country, there are short-term disrup- for the define purpose and the specific Mr. RUBIO. Mr. President, we have tions and you need a fund available to purpose of helping people to transition had this important conversation this help workers transition during the dis- because of a disruption created in their week about trade policy in the United ruption. Very simply put, you have a job status as a result of a free-trade States, and it is an important one. job, maybe it goes overseas in the free- agreement. Clearly, one of the great things that trade agreement, but a new job is cre- This is a pretty simple amendment. will help us grow our economy in the ated in America as a result of that It says this assistance is only available years to come is further free trade. As agreement and we are going to help to those workers who lose their jobs to we have these pending free-trade agree- you transition through this fund. a country we have a free-trade agree- ments—and most everyone around here That was the purpose of it until 2009 ment with because this is designed to I have run into says they are in favor when under the stimulus bill that has deal with the unintended consequences of, including the President, the one been changed and has been vastly ex- and the temporary disruptions that with South Korea, the one with Pan- panded. Now in order to qualify for it, might be created by a free-trade agree- ama, the one with Colombia—there has all you need to prove is that somehow ment with another country. So that is been a prerequisite put in place by your job or the company you work for what the amendment does, and I am those in charge in the Chamber, and has moved operations potentially over- hoping to have the support of as many that is we deal with the TAA issues. seas. That is a big problem in America. of my colleagues as possible in putting That is why we are on the issue today, It is a big problem in Florida. this program back into its historical which clearly has been linked, free- If you talk to people, they will tell purpose. trade agreement and the TAA law. you, we are losing our jobs. Other I yield the floor. I wish to talk a little bit about the countries are taking our jobs. Jobs are The PRESIDING OFFICER. The sen- free-trade agreements because we are going overseas. There are a lot of rea- ior Senator from Pennsylvania. continuing to wait for them to be sent sons for that. The first is unfair trade Mr. CASEY. I wanted to speak gen- down to us. These agreements would practices. This body should address erally about the matter that is before increase U.S. exports by billions of dol- that, beginning with China and other the Senate on trade adjustment assist- lars and create jobs here in the United nations that unfairly deal with the ance. I especially appreciate the work States. For example, there are exports United States, whether it is manipula- that has been done by the Presiding Of- of about $12 billion annually, adding tion of their currency, whether it is ficer from Ohio over many years, in- about $14 billion to the U.S. economy. dumping, among other things they do cluding his time in the House of Rep- These are real numbers. that are unfair, not to mention some of resentatives and here in the Senate as The South Korea agreement alone, these nations have no environmental well. for example, is estimated to add as regulations, no protections for their I want to make two comments, one many as 70,000 American jobs. These workers or wages. There are incredible about one of the amendments we will benefits are not realized because the amounts of headwinds we face with re- consider today by the Senator from President has not submitted these for gard to that. That should be dealt with. Florida, but also to speak more broadly approval to this body or to the Con- It should be dealt with seriously about this legislation. When the Senate gress. The debate we are having is not through public policy, and it is some- is considering legislation, we do not a new one. The trade adjustment as- thing we should look at. That is not a every day do a good job of trying to put sistance, or TAA, has been a policy of temporary issue. That is permanent. ourselves in the position of other peo- the United States, for better or worse, That is ingrained and entrenched. Un- ple, workers and people who are suf- since the Trade Expansion Act of 1962. less we deal with the issues involved in fering through a tough economy. When Interestingly, this policy was first that and those unfair trade practices, the Senate is doing its best work, part proposed by Senator John F. Kennedy no temporary measure like TAA is of the way we get there is by trying to when he aptly titled it the Trade Ad- going to help us deal with that. We figure out and understand, as best we justment Act. The initial goal was to have to deal with that on a permanent can, what it is like to lose a job or suf- respond to perceived effects of trade basis. That was not the purpose of the fer from—we are dealing with natural policy. In essence, you enter into a TAA. disasters and natural disaster assist- trade policy, such as a free-trade agree- The second thing we need to deal ance as well—but try to understand the ment with another country, and Amer- with is some of the impediments we are people we represent. I know we cannot ican workers may lose their job in the creating ourselves. That is why I am do that with full knowledge because short term, but you create a fund to encouraged when I hear bipartisan talk many of us have never had to suffer help them transition to what you hope of tax reform, things that will make it through that kind of experience. I will be the new jobs created by the easier for people to build in the United think it is important we try our best to

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.003 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5859 understand what this legislation is all why workforce development is so im- than one-third of a State’s population about. portant, so people have the broadbased being out of work for more than 1 year. This is legislation which basically skill level and they can absorb those So we have a lot of people who are says the American people, through our shocks. But a lot of people can’t. out of work a long time, and they are government, are going to do everything All we are saying with trade adjust- especially disadvantaged if they hap- possible to help folks when they lose a ment assistance is we are going to help pen to work in those industries that job, and especially when they lose a job you with what we hope will be a short- are particularly sensitive to or ad- as a result of unfair foreign competi- term crisis for you and your family, versely impacted by trade with coun- tion. I have seen it in Pennsylvania for and we are going to try to provide the tries that are not playing by the rules. decades. We have been getting ham- training opportunities. We are going to have a discussion mered because we have not often stood We are going to try to provide train- today, as well, about the introduction up for our own workers. We have not ing opportunities so people cannot just of currency legislation as it relates to fought battles to help them get get a new job but maybe can get a job China, where a number of us, including through the horror of job loss because because they have developed a skill the Presiding Officer—and it is a bipar- of unfair foreign competition. All we that will allow them to have the same tisan bill—think we have to get much are saying is we are going to try to income for their families that they are tougher as it relates to Chinese cur- help them to cross that bridge from used to but at least—at least—provide rency policy. If China cheats, that losing that job in many cases they had some short-term help for folks, and costs jobs. So we should be very tough for years or decades. So, No. 1, we are then give them skills for the long term. in those instances, and I think we can going to try to help them in that crisis. That is what this is all about. This is be, and do it in a bipartisan way. No. 2, we are going to do everything not complicated. It is all about that. But I would hope, with a program we can to retrain them. They have to I understand we have a lot of folks that works, we would be doing every- go to the training. This is not some- here who have concerns about the leg- thing possible to keep it expanded for thing we can hand to them. They have islation. They have concerns about one people affected by countries beyond to work at the training and prepare or the other aspect of it. But I hope we just those 17. I know the Senator from themselves. I think most Americans would not limit our horizons to helping Florida is concerned about those work- believe when someone is in crisis, you all the folks who are adversely im- ers. I just hope we can keep the provi- try to help them, but you also want to pacted. sions in place to protect all our work- make sure they can help themselves For example, if we look at one of the ers as best we can and not just start to through training and retraining. provisions—this is why I want to get to limit it to 17 countries at a time when I think we should consider here what the amendment itself that we are talk- we need help for folks—short term with it would be like for one of us. Each of ing about. Here is what it does: The un- the crisis but longer term with skill de- us has a salary and has health care derlying amendment covers workers velopment so they can transition and here in the Senate and we have a pen- whose firms shift production to any start a new worklife, even if they are 45 sion plan, so we are doing pretty well. country—any country—including or 50 or 55 years old. A lot of these Imagine what it is like, though, to China or India, not just countries with folks are in that age category. work in a plant for decades doing the which the United States has entered I yield the floor. same work, and you do that work with into a free-trade agreement. The PRESIDING OFFICER. The Sen- pride and dignity; you take care of Look, I do not think we should be ator from South Carolina is recognized. your family; you work in a job that has treating workers we are trying to help Mr. DEMINT. Mr. President, I would a sustaining wage. You do that for dec- under trade adjustment assistance any like to speak in support of Senator ades, the same job virtually every day, differently if they do not fall within RUBIO’s amendment and thank him for every year, but you have two things: that category of only the 17 countries helping us to focus on the original in- You have the ability to provide for with which we have free-trade agree- tent of trade adjustment assistance. your family and you have some dig- ments. So I think we should make sure Obviously, we want to help folks who nity. Imagine when a hurricane, or un- that—of course, this is one of the are unemployed or displaced because of fair foreign competition, which our changes the underlying amendment trade. But we have to realize where we government has not done enough to will validate, that we are trying to are with our country right now. We are fight against, sweeps through your fac- help anyone in that category who has using borrowed money and sometimes tory and wipes you out before you can been so adversely affected. So I do not printed money in order to help people. even think about it. It wipes out every think we should limit it to just 17 So we have a responsibility to tax- job, or a lot of jobs. Sometimes phys- countries. We trade with countries all payers and to some form of fiscal san- ically it lifts the equipment off the over the world, and we should do our ity, as well as to those who have lost floor and moves it to another country. best within the limits of this legisla- their jobs. What Senator RUBIO is try- That is what we are talking about tion to make sure it applies to a lot ing to do is to restore those original, here. So someone who has been doing more than 17 countries, and that is the responsible boundaries of trade adjust- this work for decades, in some cases, effect of the underlying amendment. ment assistance to make sure this pro- and all of a sudden they are not only The Rubio amendment would only gram is focused on those who are hurt without a job—that is bad enough—but cover workers who lose their jobs due by trade agreements. they are faced with the prospect of not to trade with those 17 countries with The discussion is somewhat odd in being able to transition because they which we have a trade agreement. In the first place in that for several years have been in the same job and they some ways—this is my own opinion on the President has been telling us these have not had access to education or it—it puts the burden on the workers trade agreements are actually going to training that would allow them to to somehow prove they are in the right increase jobs in our country, expand transition. It would be nice if we had category when the burden should be on exports—which I believe they will—but an economy everyone could transition, us to make sure we are doing every- to use this as an excuse and to hold that you could get an educational thing possible to help them—again, these trade bills hostage for several level—and this is what it should be if short-term help for the crisis, long- years in order to fund a program which we are doing the right thing providing term help by way of skill development. duplicates many other programs—be- this—that we have an educational level We have 14 million people in the cause we need to remember, those who and an exposure to an immersion in country out of work; 14.4 million is are put out of work in our country skills and other advantages that will what I saw at last count. Of the 14.4 today have not only regular unemploy- allow you to absorb that shock, allow million people, almost 4.5 million have ment benefits but they have been ex- you to pivot when someone with unfair been out of work for 1 year or more. tended much beyond what we have trade wipes out your job. That is the Just imagine that. That is bigger than done before, and there are dozens of ideal. That is what we hope we can de- the population of a number of States. State and Federal training programs velop in our education, our training In Pennsylvania we have 12.5 million now that duplicate each other. Unfor- system, training strategies. That is people. If we can just consider more tunately, many of them have been

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.023 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5860 CONGRESSIONAL RECORD — SENATE September 22, 2011 found to be ineffective. But for us to I encourage my colleagues to take a PROJECTED NATIONWIDE EMPLOYMENT IMPACT OF lay another layer of duplication on top look at this amendment. Federal pro- PRODUCTION OF 66 F–16C/DS FOR TAIWAN—Continued of that under the guise of showing com- grams that continue to expand and ex- passion, I think we also have to make pand and expand, they become less and State Job—Years* sure we are being responsible. less effective; they cost more and more Oklahoma (OK) ...... 71.8 Oregon (OR) ...... 137.8 So we want to help folks who are un- money. If we are going to continue this Pennsylvania (PA) ...... 266.4 employed, but we do need to make sure program, let’s do it responsibly. Rhode Island (RI) ...... 1.1 South Carolina (SC) ...... 66.9 we are being responsible to the tax- Mr. President, I yield back and sug- South Dakota (SD) ...... 0.0 payers. As I said, the trade adjustment gest the absence of a quorum. Tennessee (TN) ...... 1.5 Texas (TX) ...... 35,944.8 assistance was originally designed to The PRESIDING OFFICER. The Utah (UT) ...... 2,602.5 help those who were put out of work. clerk will call the roll. Vermont (VT) ...... 170.6 Virginia (VA) ...... 507.7 And, believe me, coming from a textile The bill clerk proceeded to call the Washington (WA) ...... 62.9 State such as South Carolina, trade roll. West Virginia (WV) ...... 0 Wisconsin (WI) ...... 78.9 with China and other countries has dis- Mr. CORNYN. Mr. President, I ask Wyoming (WY) ...... 5.3 placed a whole lot of textile workers. unanimous consent that the order for District of Columbia (DC) ...... 36.2 Retraining is very important. The new the quorum call be rescinded. Rest of US (Spillover Effects) ...... 7,270.2 jobs that moved in required more tech- The PRESIDING OFFICER. Without Total U.S...... 87,664.2 nical capabilities. But what we have objection, it is so ordered. * Job-Year = 1 person employed for 1 year. found, as we have seen how our good AMENDMENT NO. 634 Source: May 2011 report by The Perryman Group (private consulting firm), ‘‘An Assessment of the Potential Impact of the Lockheed Martin F–16 Pro- intentions have hit the ground in Mr. CORNYN. Mr. President, I want gram on Business Activity in Affected States and Congressional Districts’’ South Carolina and around the coun- to speak briefly again on my amend- Mr. CORNYN. This is a very inter- try, is that even our own Office of Man- ment as to the sale of F–16C/Ds to Tai- esting document because it breaks agement and Budget rated TAA as inef- wan and respond to the comments of down on a nationwide basis where jobs fective. the distinguished chairman of the Fi- would come from or be affected by a re- The program costs taxpayers $1.3 bil- nance Committee, Senator BAUCUS, fusal to sell these F–16s. In California, lion in just this year, in 2011, and we who said this was neither the right bill for example, 11,399 job-years. are finding that what it was intended nor the right time. I understand every to do it is not doing. It is not well man- If you are wondering, like I was, manager of a bill wants a clean bill; in what a job-year is, that is one person aged. It is not helping the people it is other words, they do not want amend- employed for 1 year. So that is pretty supposed to help. Since its inception, ments. They would like to bring it here significant. the program has gone from a focus on and have the Senate pass it without In Connecticut, 5,876 job-years; in those who lose their jobs because of any changes whatsoever. But that is Ohio—I know the current occupant of trade to all kinds of institutions, train- not the way our system works. the chair, the distinguished Senator ing groups, and, frankly, fraud, dupli- Indeed, it is actually urgent we get from Ohio, will be interested to know cation, and not helping the folks it is this matter settled in a positive way that Ohio would see 10,577 job-years as intended to help. because, as I mentioned earlier, there a result of this sale. If we want to know how far out of are 23,000 jobs in America that depend So as manufacturing is important in bounds the program has gone, we all on this sale—many of them in the pro- the State of Ohio, it is important in know the story of Solyndra solar com- duction line in Texas—but there are the State of Texas. Why would we not 1 pany that got over $ ⁄2 billion from the jobs all over the United States that de- want to see these jobs created by this American taxpayers and then went pend on this. sale? bankrupt and we lost our money. The Mr. President, I ask unanimous con- Mr. President, I have another docu- workers now at Solyndra are applying sent to have printed in the RECORD a ment which is a letter signed by 181 for TAA benefits not because trade put document titled ‘‘Projected Nationwide Members of the House of Representa- them out of business, but, frankly, a Employment Impact of Production of tives to the President of the United coordinated effort of our government 66 F–16C/Ds for Taiwan.’’ States endorsing this sale. I ask unani- and Solyndra management have put There being no objection, the mate- mous consent it be printed in the these people out of work. But we can rial was ordered to be printed in the RECORD. see, if they are now using a program RECORD, as follows: There being no objection, the mate- called trade adjustment assistance to rial was ordered to be printed in the add to their unemployment benefits, PROJECTED NATIONWIDE EMPLOYMENT IMPACT OF RECORD, as follows: the program is no longer within the PRODUCTION OF 66 F–16C/DS FOR TAIWAN CONGRESS OF THE UNITED STATES, bounds that it was intended. Washington, DC, August 1, 2011. If we are going to tell the taxpayers State Job—Years* THE PRESIDENT, this program is intended for one thing, Alabama (AL) ...... 168.6 The White House, we need to make sure it is. What we Alaska (AK) ...... 0 Washington, DC. are talking about now are trade agree- Arizona (AZ) ...... 745.8 DEAR MR. PRESIDENT: We are writing to ex- Arkansas (AR) ...... 261.9 press our concerns about the military imbal- ments with Colombia, Panama, and California (CA) ...... 11,399.8 Colorado (CO) ...... 37.1 ance in the Taiwan Straight. In order to South Korea. No one has come and told Connecticut (CT) ...... 5,876.1 maintain peace and stability in the Taiwan us these agreements are going to cost Delaware (DE) ...... 5.9 Strait, we believe it is critical for the United Florida (FL) ...... 1,923.5 American jobs. Yet we have to pass Georgia (GA) ...... 537.4 States to sell the government of Taiwan all more spending programs and add on to Hawaii (HI) ...... 0 the F–16 C/D it requires. We respectfully re- Idaho (ID) ...... 1.8 quest that your administration move quick- a program that has been proved ineffec- Illinois (IL) ...... 777.7 tive in order to add jobs in America. Indiana (IN) ...... 463.4 ly to announce its support for such a sale That is not good policy. I do not think Iowa (IA) ...... 199.6 and submit the required Congressional Noti- Kansas (KS) ...... 75.9 fication for a sale as soon as possible. it is good politics. Kentucky (KY) ...... 4.8 Louisiana (LA) ...... 0.9 Successive reports issued by U.S. and Tai- I am thankful Senator RUBIO is tak- Maine (ME) ...... 484.5 wanese defense authorities outline the ing the leadership to shine a spotlight Maryland (MD) ...... 2,687.3 threat Taiwan continues to face, including Massachusetts (MA) ...... 349.2 on the need to help people while at the Michigan (MI) ...... 879.9 the continued military buildup by the Peo- same time being responsible to tax- Minnesota (MN) ...... 179.6 ple’s Republic of China. For example, Beijing Mississippi (MS) ...... 16.1 has more than 1,400 missiles aimed at Tai- payers. We do not need to be funding Missouri (MO) ...... 197.9 additional unemployment for every Montana (MT) ...... 23.9 wan and continues to add to this total. China company that goes out of business and Nebraska (NE) ...... 0 is forging ahead and deploying next genera- Nevada (NV) ...... 0 tion military technology. Military experts was not properly managed. If we keep New Hampshire (NH) ...... 458.6 New Jersey (NJ) ...... 747.9 both in Taiwan and in the United States the program focused, it will help the New Mexico (NM) ...... 482.8 have raised alarms that Taiwan is losing its people we need to help while, again, New York (NY) ...... 847.7 qualitative advantage in defensive arms that North Carolina (NC) ...... 27.2 being responsible for hard-working North Dakota (ND) ...... 0 have long served as a primary military de- Americans who are paying the taxes. Ohio (OH) ...... 10,577.0 terrent.

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.024 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5861 Due to impending changes within Taiwan’s Owens, Steven M. Palazzo, Steven R. Mr. INHOFE. Mr. President, I ask force structure, we respectfully urge a time- Rothman, Jon Runyan, Tim Ryan, unanimous consent that the short time ly resolution to the aircraft sale issue. With- Linda T. Sa´ nchez, Loretta Sanchez, I am asking for as in morning business in the next decade Taiwan will retire 70% of Adam B. Schiff, Jean Schmidt, David its fighter force and without new fighter air- Schweikert. not be taken from either side in this craft and upgrades to its existing fleet of F– Austin Scott, David Scott, James Sen- agreement. 16s, Taiwan’s situation could become quite senbrenner, Jr., , Heath The PRESIDING OFFICER. Without precarious. Shuler, Michael K. Simpson, Albio objection, it is so ordered. As you know, the Taiwan Relations Act of Sires, Steve Southerland II, Frank Pal- Mr. INHOFE. Mr. President, let me 1979 (TRA) states that it is U.S. policy ‘‘to lone, Jr., , Jr., Joseph R. say, as far as the subject is concerned consider any effort to determine the future Pitts, Ted Poe, Tom Price, M.D., Mike right now, I am very proud to have one of Taiwan by other than peaceful means . . . Quigley, Denny Rehberg, Silvestre of grave concern to the United States.’’ We of the first signatures on this effort. It Reyes, Laura Richardson, David Ri- is good for every reason the Senator remain deeply concerned that delays in the vera, Bill Shuster, David P. Roe, M.D. decision on the sale of F–16s to Taiwan and Mike Rogers, Peter J. Roskam, Todd from Texas mentioned. On top of that, subsequently notifying Congress of their sale Rokita, Dennis A. Ross, , we have allies we are dealing with. We could very well result in closure of the F–16 Cliff Stearns, Steve Stivers, Glenn have the employment situation. I know assembly line. In addition to enhancing Tai- Thompson, Mac Thornberry, Edolphus this is going to be successful. I appre- wan’s security, approval of the sale would Towns, Michael R. Turner, Joe Walsh, ciate all the effort that has gone forth. support thousands of American jobs—espe- Lynn A. Westmoreland, Ed Whitfield, HONORING OUR ARMED FORCES cially well-paying jobs in the manufacturing Joe Wilson, Robert J. Wittman, Don SPECIALIST CHRISTOPHER DAVID HORTON sector. Young, Richard B. Nugent, Benjamin Thank you for your consideration. We look Quayle, Robert T. Schilling, Robert B. Today, I wish to recognize and pay forward to your reply. Aderholt. tribute to Army SPC Christopher Sincerely, David Horton from Owasso, OK. That is Shelley Berkley, Phil Gingrey, M.D., Mr. CORNYN. I see the distinguished Gerald E. Connolly, Mario Diaz-Balart, Senator from Oklahoma in the Cham- home of the Rams in case people did Ileana Ros-Lehtinen, Howard L. Ber- ber, and I will defer to him momen- not know. Chris was born in Tulsa on man, Donald A. Manzullo, Eni F. H. tarily. But I want to just say we need October 1, 1984. He was deployed to Af- Faleomavaega, Dan Burton, Gary L. to understand what would happen if ghanistan with over 2,000 Oklahoma Ackerman, , Eliot L. this production line of F–16s was shut National Guard soldiers from the 45th Engel, Elton Gallegly, , down. The people who work on that Infantry Brigade Combat Team. There Connie Mack, Dana Rohrabacher, Ed- production line would have to be let go were actually 3,000 initially in this de- ward R. Royce, Sandy Adams, Robert ployment. Some of them actually went E. Andrews, Steve Austria. or reassigned, actually exacerbating Howard P. Buck McKeon, Sam Johnson, the high unemployment that we know to Kuwait at the last minute. Eddie Bernice Johnson, , is intolerably high. Once the produc- He was deployed to Afghanistan. This Frank R. Wolf, , Michael G. tion line of a sophisticated aircraft combat team, the 45th, has probably Grimm, Ander Crenshaw, Rick Berg, like the F–16 is shut down, we cannot had more deployments than anyone , Tim Griffin, Charles B. decide, well, next year or the year after else, although this was Chris’s first de- Rangel, Robert J. Dold, Frank A. LoBi- we are going to start up again—unless ployment. His unit was attacked by ondo, , Ann Marie we are going to add tremendously to enemy forces in Paktia Province on Buerkle, Michele Bachmann, Spencer the cost. It makes it far less likely it September 9, 2011. Chris and two of his Bachus, Joe Barton, Dan Benishek. will ever get made because of the costs fellow soldiers, SGT Bret Isenhower Brian P. Bilbray, Gus M. Bilirakis, Rob Bishop, Sanford D. Bishop, Jr., Tim- and because of the sheer magnitude of and PFC Tony Potter, died of injuries othy H. Bishop, Marsha Blackburn, Jo the effort of trying to get this produc- sustained from that firefight. Bonner, Dan Boren, Robert A. Brady, tion line back together and all the peo- He would have turned 27 next week, Michael C. Burgess, M.D., Dave Camp, ple who were employed there back to on October 1. Chris attended the Mis- John Campbell, Francisco ‘‘Quico’’ work. souri Military Academy in Mexico, MO, Canseco, Dennis A. Cardoza, Andre´ Car- So that is why, to respond to the dis- and graduated in 2003. He excelled both son, John R. Carter, Donna M. tinguished chairman of the Finance militarily and academically during his Christensen, Yvette D. Clarke, Eman- Committee, the manager of the bill, it 6 years at Missouri Military Academy. uel Cleaver, Howard Coble. is so important in terms of the timeli- He was the 2nd platoon leader his sen- Mike Coffman, K. Michael Conaway, Joe ness. I agree there is a time for every- Courtney, Chip Cravaack, John Abney ior year, captain of the rifle team, on Culberson, Peter A. DeFazio, Rosa L. thing, but the time for this is now. the honor roll, earning him the Aca- DeLauro, Theodore E. Deutch, Jeff I will just say, finally, as I indicated demic Fourragere Award. Duncan, John J. Duncan, Jr., Renee L. earlier, this is a bipartisan measure, as Chris lived a remarkable life, driven Ellmers, John Fleming, J. Randy demonstrated by the 47 Senators who by service and excellence. He often Forbes, , Trent Franks, signed letters to the President urging spoke of his desire for America to Marcia L. Fudge, Cory Gardner, Scott the sale; 13 Democrats, along with the excel. He was a business owner and a Garrett, Charles A. Gonzalez, Gene remainder being Republicans. volunteer police officer. He was ex- Green. In the House, this letter I mentioned Ralph M. Hall, Colleen W. Hanabusa, tremely patriotic and very passionate earlier which has been made part of the in his love for America and for its free- Richard L. Hanna, , Andy RECORD, there are 181 Members of the doms, knowing they have to be pro- Harris, M.D., , Alcee L. House—a bipartisan list—I actually tected. Hastings, Nan. A.S. Hayworth, M.D., think that if the manager of the bill, Joseph J. Heck, Martin Heinrich, Brian Chris was an accomplished rec- Higgins, James A. Himes, Maurice D. the chairman of the Finance Com- reational shooter and a professional mittee, would accept this amendment, Hinchey, Tim Holden, Steve Israel, sponsored shooter through the U.S. it would enhance the votes for the very Darrell E. Issa, Bill Johnson, Walter B. Shooting Academy of Owasso, OK. bill he wants to see passed out of the Jones, William R. Keating, Steve King. Some of his marksmen awards include Jack Kingston, , Doug Senate, perhaps later today. Lamborn, James Lankford, John B. In conclusion, I ask unanimous con- the Gus Hadwiger Award of 2009. He re- Larson, Robert E. Latta, Daniel Lipin- sent that the time allocated for Sen- ceived first place in novice pistol in the ski, Zoe Lofgren, , Blaine ator THUNE be reserved within the time Oklahoma National Guard, first place Luetkemeyer, Cynthia M. Lummis, allocated to the minority and that in novice pistol in the Governor’s Daniel E. Lungren, Carolyn B. Malo- quorum calls be charged equally be- Twenty Match. This guy was very ney, Kenny Marchant, Tom Marino, tween the majority and minority bill good. He excelled and was among the Michael T. McCaul, Tom McClintock, very best. That was something he en- Thaddeus G. McCotter, Patrick T. time first. The PRESIDING OFFICER. Without joyed. McHenry, Mike McIntyre. But in addition to shooting—this is Michael H. Michaud, James P. Moran, objection, it is so ordered. Christopher S. Murphy, Tim Murphy, Mr. CORNYN. I yield the floor. kind of interesting because things bond Sue Wilkins Myrick, Grace F. Napoli- The PRESIDING OFFICER. The sen- us together. I came so close to meeting tano, Randy Neugebauer, , ior Senator from Oklahoma is recog- him, but I never actually did. But one , Pete Olson, William L. nized. of the things we had in common is we

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.010 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5862 CONGRESSIONAL RECORD — SENATE September 22, 2011 are both avid fishermen. He loved fish- looked forward to meeting him during AMENDMENT NO. 634 ing. That is one of the things he en- that trip. Mrs. HUTCHISON. Madam President, joyed very much. Every opportunity he While this personal conversation will are we under a time limit to discuss had, he would fish both ocean and not happen, I am committed to making the Cornyn amendment? freshwater. Chris’s desire that our Nation be led The PRESIDING OFFICER. Senator His younger brother Nick said: down the right path a reality. Chris CORNYN has 33 minutes remaining. He was the best big brother I could ever lived a life of love for his family, Mrs. HUTCHISON. I want to speak on have asked for. He taught me how to drive a friends, and country. He will be remem- the Cornyn amendment. car and how to fish. bered for his commitment to and belief I ask unanimous consent that I be That pretty much tells it all. Chris’s in the greatness of our Nation. listed as a cosponsor. mother Cherie Horton said: Here are some of the comments post- The PRESIDING OFFICER. Without objection, it is so ordered. My son’s passion his whole life was to be a ed online in honor of his life. I think it Mrs. HUTCHISON. Madam President, part of the military. is kind of neat to read a lot of these. the Cornyn amendment is important They come from assorted different peo- He wanted to be part of the military. because the President of the United He loved his country, and he really wanted ple. Some are members of the family, States has refused to allow the sale of to serve his country. He was absolutely made some are not. Here is one of them: 66 F–16C/D model aircraft to Taiwan. to be a solder. God’s got a good warrior up there with him Taiwan is trying to modernize its air This is a mother speaking. Chris en- now. force, and it is not an issue of our not listed in the Oklahoma National Guard Another one: selling to Taiwan. They have bought in 2008, was assigned to the 1st Bat- I want to thank the families of this won- the A/B models, so they have 145 F–16s talion, 279th Infantry Regiment of the derful young man who was willing to give his in the earlier model, the A/B. They are 45th Brigade of the Army National life for our freedom. May no one in America trying to get the next generation of Guard. take this act lightly. Love and prayers to all them. He attended basic training at Fort of the family and friends. This is a foreign policy issue, but Benning, GA, became a sniper-qualified Here is another: also a domestic issue, because these are infantryman, and to no one’s surprise, Christopher David Horton was the kind of very important sales—the 66—for the graduated at the top of his class. Chris young man who would do anything for any- F–16 line to be continued, and the hope leaves behind his parents, Cherie and body. is that this sale will go through. It is David Horton, his brother Nicholas, Another one: very important so that we can con- sister Tenley, and his wife Jane Hor- He is a hero—each and every servicemen/ tinue to make them for ourselves but ton. Chris met Jane while attending women are—they protect our freedoms and also sell them to our allies. Most cer- the Kings College in New York City. without them we cannot. Thank you Spe- tainly, Taiwan is an ally and has used Jane said it was Chris’s fiery passion cialist Christopher Horton—may you rest in and likes the F–16. Taiwan has also peace. Prayers being said for your family. and their mutual love for politics that used the French Mirage, but the brought them together. But here is my favorite one. It is ac- French Mirage has a shortage of parts He was the most honorable man I’d ever tually by his brother Nick. He said: for Taiwan. They are trying to consoli- met in my life. That’s why I snagged him You will be missed more than anything date, with F–16s, American jobs and and we were engaged within 2 months. We brother, especially on the range, you always American fighters. were married very fast. gave me a run for my money. Till we meet Now they are running into the road- She knew what she was out after. I again in heaven! block of the administration. Within the know this is true because my staff and That is kind of great. This tough next decade, Taiwan will retire 70 per- I got to know Chris through his wife fight took place and took the life of cent of its fighter force structure. Its Jane. She was an intern for me. She Chris. But make no mistake, Chris’s F–5s have reached the end of their util- worked in my office, and we had these sacrifice made a difference and will ity. The Mirage fighters lack parts and exchanges all the time. As could be ex- continue to make a difference not just life cycle support, and their indigenous pected, Jane took a personal interest in Afghanistan but here in the United defense fighters are being converted to in operations in Afghanistan. She States. trainers. Taiwan’s existing 145 F–16A/B worked with my legislative staff, re- We are safe and our country is secure fighters all require a midlife upgrade. sponsible for military and veterans af- because of Chris and all the service With the F–16s already in the inven- fairs. men and women. We have to continue tory, they are seeking to combine their During her time in Washington, she in our unwavering support for them. whole fighter fleet with the single air- coordinated a campaign that resulted Although each servicemember we lose frame, with the cost and operational in over 20 care packages being sent to hurts, it is because of our connection benefits and the efficiencies that one the Oklahoma National Guard Infantry to Jane that my staff and I are particu- fighter frame would give them. Combat Brigade. I can tell everyone larly affected by the loss of SPC Chris We are concerned that further delay this, having been over there at a time Horton. of the decision to sell the F–16s to Tai- when a lot of these care packages come I extend the deepest gratitude and wan could in fact close the production in, we know, as we go across this coun- condolences to Chris’s family. I will line. That is why 45 members of the try in helicopters, a lot of these pack- say something I will be criticized for— Senate have signed a letter to Presi- ages, even though the people at home I always am. I have always been a dent Barack Obama, asking him to go do not know it, are dropped to kids on Jesus guy. I find out, of course, that so forward with this sale of 66 F–16C/Ds to the ground who love what we are doing is Chris. So when something such as Taiwan. there. this happens, even though we did not The Taiwan Relations Act of 1979 di- So I think Jane represents the best personally meet, we are brothers. So, rects Congress and the President to asset our military has at its disposal; in a case such as this, we do not say: make decisions on arms sales to Tai- that is, the military spouses. Her zeal Goodbye, Chris. We say: We will see wan based solely on the judgment of and dedication are not uncommon at- you later. the needs of Taiwan. We believe that tributes for military spouses who ‘‘hold I yield the floor and I suggest the ab- the Taiwanese pilots flying Taiwanese down the fort’’ while their loved ones sence of a quorum. fighter aircraft manufactured in the are deployed. The PRESIDING OFFICER (Ms. KLO- United States represent the best first I had looked forward to meeting BUCHAR). The clerk will call the roll. line of defense for our democratic ally, Chris during my upcoming trip to Af- The bill clerk proceeded to call the and do not pose any threat to China. ghanistan another week from now. I roll. There is no offense here. The Taiwan had a meeting during the break, the re- Mrs. HUTCHISON. Madam President, air force just patrols the Taiwan Strait cess, in Collinsville, OK, and Jane was I ask unanimous consent that the order to assure its safety and security. there. We talked about how we were for the quorum call be rescinded. I rise in support of the amendment going to meet up with Chris in my up- The PRESIDING OFFICER. Without that has been offered. It is very impor- coming trip to Afghanistan. I had objection, it is so ordered. tant. Bipartisan support in Congress

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.027 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5863 for working with our ally, Taiwan, attack organized and put together by Pakistan, is also responsible for at- without any offense to China is impor- the Haqqani network under the direct tacks on Afghan and Indian construc- tant and we need to assure that it re- protection and support of Pakistan’s tion efforts in the Kabul-Gardez Road mains solid and firm. Government itself. Just a few days ear- at Camp Chapman, an attack that I hope our colleagues will help us lier, at Combat Post Sayed Abad in killed seven CIA employees and en- with the amendment that will assure Wardak Province, on September 10, abled the kidnapping of American and this sale goes through, that we keep over 77 U.S. soldiers and 17 Afghans British journalists. the commitments we have made, and were injured by a massive truck bomb Within Pakistan, the Haqqani net- that we have the ability to sell to Tai- likely put together by the Haqqani net- work serves as a trusted intermediary wan; otherwise, they will surely look work, probably in Afghanistan, for an between the Pakistani intelligence for other countries to buy from. attack on Americans. This June 28, at service and terrorist organizations ac- That is not in our interest. Here we the Hotel Intercontinental in Kabul, 12 tive also against the Indian democracy are trying to create jobs in America. It Afghans were killed and 8 were wound- in Kashmir and throughout the sub- is certainly in our strategic interest to ed during a nighttime attack, also continent. These include Lashkar-e- have our ally buy our product, so we likely sponsored by the Haqqani net- Taiba and Tehrik-e Taliban Pakistan, can do the training and work with work. That same network attacked organizations responsible for the 2008 them and have a strengthening of not Kabul Bank on February 19, with over and 2011 Mumbai attacks. only our trade but our defense alliance. 40 people killed. Secretary Clinton, Secretary Pa- It just makes sense to go forward. It is The Haqqani network is a different netta, Admiral Mullen, General Allen, not as if we don’t sell to Taiwan. They branch of the Taliban. The Taliban Ambassador Crocker, Ambassador have already bought 145 F–16s. They largely does not have a safe sanctuary Munter, and the Congress, Republicans now want 66 more of the newer version. in Afghanistan or Pakistan. They have and Democrats here in the Senate, now It is time for us to do what is right surrendered much of their operational all agree that the Pakistani Govern- for our country, for jobs in our coun- control and initiative in eastern Af- ment’s complicity and longstanding try, for our national defense, and for ghanistan to the Haqqani network. history of support and protection for the keeping of our commitments and The reason why the Haqqani network the Haqqani network is a major im- ties with our ally, Taiwan. I urge sup- has become so powerful and so strong pediment of the U.S. goal of achieving port for the Cornyn amendment. Since is because it is protected by the Gov- safety and security in Pakistan and Af- so many Democrats have signed a let- ernment of Pakistan itself, a claimed ghanistan. The Pakistani Government ter to the President, I hope that will ally of the United States that receives should end its protection of the translate into votes for the amendment substantial assistance provided by this Haqqani network. so it will be clear that the bipartisan Congress. The Haqqani network is a wholly support in the Senate for the F–16 sale We have seen a very clear picture owned subsidiary of the ISI, and is re- to Taiwan is accomplished. emerge from the administration di- sponsible for the death of American Madam President, I yield the floor rectly connecting the Government of service men and women and civilians and suggest the absence of a quorum. Afghanistan to the Haqqani network in in Afghanistan. Both the United States The PRESIDING OFFICER. The support and assistance that has been and Pakistan would benefit from a clerk will call the roll. involved in the death of American serv- strong and stable Afghanistan, but the The legislative clerk proceeded to ice men and women and our NATO and ISI part of the Pakistani Government call the roll. Afghan allies. disagrees and supports terror. That is Mr. KIRK. Madam President, I ask This started out on September 13, why it is important that the Senate unanimous consent that the order for when one of our most able Foreign made this decision to remove all but the quorum call be rescinded. Service Officers, a real hero of Foreign the counterterrorism accounts from The PRESIDING OFFICER. Without Service, our Ambassador in Afghani- Pakistan and to put in new language objection, it is so ordered. stan, Ryan Crocker, highlighted Paki- conditioning any extension of aid to U.S. ASSISTANCE TO PAKISTAN stan support for the Haqqani network Pakistan on cooperation against the Mr. KIRK. I rise to commend the and its role in attacks in Afghanistan. Haqqani network. Senate Appropriations Committee, Four days later, our U.S. Ambas- We will need to define what ‘‘co- under the leadership of Chairman sador, his counterpart in Islamabad, operation’’ means, and I hope what it LEAHY and Ranking Member GRAHAM, Cameron Munter, gave a very impor- will mean is, No. 1, a substantive and on a decision we made yesterday as a tant and I think brave interview on continuous reduction in Haqqani op full committee with regard to U.S. as- Pakistani radio, highlighting the role tempo against U.S. and NATO forces in sistance to Pakistan. of the Pakistani Government support Afghanistan, showing that nearly all of In short, what the Senate did was to for this terrorist organization and its the attacks have been eliminated with- remove nearly all the guarantees of as- attacks on U.S. service men and in the calendar year and, on top of sistance funding to the Pakistani Gov- women in Afghanistan. that, authority or action by the United ernment, based on new information and The following day, Secretary of State States or NATO allies to hit Haqqani statements made by senior U.S. Gov- Hillary Clinton, during a meeting with targets in the frontier autonomous ernment officials on the Pakistani Pakistan’s Foreign Minister Khar, also tribal area, where they have been pro- Government and its intelligence serv- highlighted the government support for tected to date. ice’s—called the ISI—support for an or- this terrorist organization and its at- Unless we can meet these two condi- ganization called the Haqqani network, tacks on American citizens serving in tions, I believe the decision we have one of the most dangerous terrorist or- uniform in Afghanistan. made to remove the floors and stop the ganizations on Earth. Finally, on September 20, the Chair- guaranteed funding for Pakistan is a We have learned from statements by man of the Joint Chiefs of Staff, Admi- wise one. This is a rare moment in our U.S. Ambassador in Kabul, U.S. ral Mullen, in a presentation before the which the U.S. Ambassador in Kabul, Ambassador in Islamabad, Secretary of Carnegie Endowment for Peace, also the U.S. Ambassador in Islamabad, the State, Secretary of Defense, and the highlighted Pakistan’s official govern- Chairman of the Joint Chiefs of Staff, Chairman of the Joint Chiefs of Staff ment support for the ISI and the the Secretary of Defense, and Sec- that the Haqqani network has become Haqqani network. retary of State have all said that the the principle threat to the Afghan Gov- In testimony today in the Senate Pakistanis directly support terror ernment, to U.S. troops serving in Af- Armed Services Committee, Admiral through the Haqqani network and it ghanistan, and to our NATO allies. Mullen reiterated these claims, stating needs to stop. In these tough economic We have seen the U.S. Embassy in the ISI, Pakistan’s Government, had times where nearly all of the assist- Kabul and NATO Headquarters were at- provided explicit support for an attack ance under the legislation approved tacked on September 12. At least 16 on the U.S. Embassy in Kabul and yesterday is in the overseas contingent people were killed, including 5 Afghan NATO headquarters. The Haqqani net- operation account—which, remember, police officers and 11 civilians, in an work, supported by the Government of is all borrowed money to be provided to

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.032 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5864 CONGRESSIONAL RECORD — SENATE September 22, 2011 Pakistan—it should be done only if in a big way. But we spend so little is essential the Senate move forward their policy of supporting the Haqqani time on the trade deficit, and the trade on it. network ends. deficit cuts right into eliminating I thank Senator BLUMENTHAL for I am very glad the administration American jobs. yielding me these 5 minutes and I yield and now the Congress have spoken with Recent studies show that literally the floor. a clear voice. I only hope we hold our hundreds of thousands—some 2.8 mil- The PRESIDING OFFICER. (Mr. nerve because, otherwise, if we go by lion jobs have been lost to China since MANCHIN). The Senator from Con- past policies of having mere Pakistani 2001, in a decade. Two-thirds of those necticut. promises and official statements be the were manufacturing jobs lost because Mr. BLUMENTHAL. Mr. President, cause for releasing U.S. aid, we will re- of unfair trade practices, in part be- are we in morning business? peat the failures of the current policy. cause of the way the Chinese game the The PRESIDING OFFICER. We are We need actual action. We need to un- system on currency. Our legislation not in morning business. derstand that senior Pakistani offi- says several things. One of the most Mr. BLUMENTHAL. I will proceed, cials—of their foreign ministry, of important parts of this legislation is then, as in morning business. their intelligence service, and of their simply telling the U.S. Government, First, I thank and commend the Sen- defense department—have directly lied when it is doing an investigation on ator from Ohio on his very important to American officials. Only by action trade cases, it must consider currency efforts on Chinese currency manipula- and cutting off the Haqqani network manipulation by the Chinese. tion. I am proud to be a cosponsor with can we make sure that at least the U.S. This will result, we know, in signifi- him on his legislation. I intend to in- taxpayer is not supporting this ter- cant job growth in our country. It will troduce my own. He has been a very rorism. mean more exports of U.S. products to stalwart advocate and champion of I commend the action of the Foreign China because it takes off that advan- U.S. trade interests and deserves the Operations Committee yesterday. I tage they have. It will mean American thanks and commendation of this body commend that it was a bipartisan ac- companies making products here can and the American people. I thank the tion. Now I hope we stick to our guns compete with Chinese competition try- Senator from Ohio. and make sure we do not provide as- ing to sell into our market—again be- ISRAEL sistance to Pakistan unless they stop cause it takes away the unfair sub- I rise today to restate at this crucial supporting this most dangerous now sidies the Chinese have had. juncture my unwavering commitment, terrorist operation operating against You do not have to go very many as stated so eloquently by many in this our men and women in uniform serving places—in West Virginia, in Con- body over the years, to the United in Afghanistan. necticut, in Ohio—to see how many States-Israel relationship and Amer- I yield the floor. cases there are of products sold in this ica’s unshakeable commitment to The PRESIDING OFFICER. The Sen- country that used to be made here that Israel’s security. ator from Ohio is recognized. are now being made in China. Currency I thank the President of the United Mr. BROWN of Ohio. Madam Presi- is not the only reason but it is surely States for his address to the United Na- dent, I ask unanimous consent to speak one of the reasons. tions, which very powerfully and cou- as in morning business for up to 5 min- I will close with this, a brief story rageously stated that commitment. utes. about a company in southwest Ohio The President’s strong message shows The PRESIDING OFFICER. Without which manufactures paper. Until a dec- again that our shared interests, as well objection, it is so ordered. ade and a half ago, the Chinese, the as our friendship with Israel, are deep Mr. BROWN of Ohio. Madam Presi- People’s Republic of China, did not and enduring. dent, I first rise to speak for 30 seconds even have a coated paper industry. As my colleagues know all too well, on the trade adjustment assistance leg- That is the sort of magazine paper, the Israelis and Palestinians must islation and the amendment Senators glossy paper we are all familiar with. reach agreement through negotiations BAUCUS and CASEY and I have been The Chinese did not even have the kind on the issues that divide them, not working on, to make sure that trade of technology to make that paper for a through the United Nations. Israel has adjustment is available to workers who decade and a half. Since then, they repeatedly endorsed a two-state solu- have lost their jobs because of service started their industry. They buy their tion that will sustain it as a Jewish or manufacturing and trade competi- wood pulp in Brazil, they ship it a long and democratic homeland. To be tion—only not real competition, be- way to China, they mill it in China, achievable, any lasting peace and any cause so often the deck is stacked far they ship it back to the United States plan for peace must acknowledge the too much against American workers and they undercut American compa- real security concerns that Israel faces and American companies. Other nies by underpricing American compa- day in and day out and has faced amendments notwithstanding, I don’t nies—southwest Ohio, in many cases, throughout its history. want to see this restricted to only southern Ohio, American companies, The President’s powerful remarks at those workers who have lost their jobs and other places. They undercut them the United Nations were inspiring in a from unfair competition from coun- with price. forum that has been repeatedly hi- tries we do not have trade agreements They tell me when you make paper, jacked by dictators and despots for the with. It sounds almost silly to have to only 10 percent of paper costs are labor purpose of delegitimizing Israel and fo- say that. We need to keep this program costs. What that means is the Chinese menting anti-Semitism. The Pales- focused on all workers who need some are subsidizing in water and in credit, tinian Authority’s bid for United Na- assistance, who need to be retrained. in land, in energy, and in labor, and in tions recognition is a distraction from They lost their jobs through no doing currency. We have been somewhat suc- the hard work, the really hard work of their own. cessful in fighting back and showing needed to achieve peace and find an eq- It suggests the next issue, and that is that the Chinese are cheating. But if uitable solution. something a bipartisan group of Sen- we have that additional tool, they can- As the President said, ‘‘The fact is ators has raised. Republican Senators, not game the currency system, and we peace is hard.’’ To succeed, ‘‘peace de- Senator BURR, Senator GRAHAM, Sen- will not see the kind of job loss, the pends upon compromise among people ator SESSIONS, Senator SNOWE, and hemorrhaging of jobs in West Virginia who must live together long after our Senator COLLINS, and Democratic Sen- and Ohio and all over this country. speeches are over.’’ ators, Senator SCHUMER, Senator STA- American companies are some of the Tough compromises will have to be BENOW, I am one of the five, Senator most efficient in the world. The work- made by both the Israelis and the Pal- HAGAN, and Senator CASEY—each of us ers are the best in the world. We will be estinians. The United States is ready has pushed for legislation dealing with able to compete on a much more level to assist both peoples in taking nec- the problems of currency. The Chinese playing field. That is the importance of essary risks for peace, and Israel is have clearly gamed the system. the legislation that 10 Senators, 5 willing to sit down and commence We spent all this time on the budget Democrats and 5 Republicans, are in- those talks immediately with the Pal- deficit. It is certainly worth addressing troducing. We spoke about it today. It estinians.

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.034 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5865 The bid for United Nations recogni- The PRESIDING OFFICER. Without eral workforce is doing more work with tion is also a distraction from the dete- objection, it is so ordered. less people. They are subjected to a 2- riorating situation in the Middle East, Mr. WARNER. I would like to thank year pay freeze, which they were sub- where governments of the region, both my friend, the Senator from Con- jected to before we had an agreement old and new, seem all too willing to use necticut. Let me add my voice to his. to deal with the deficit. For the sake of Israel as a target and as a scapegoat, There is no better friend or stronger our Federal employees, for the sake of rather than face the legitimate needs ally. This is one of the key relation- the people who depend upon their serv- of their own people. ships our country has. Like the Sen- ice, and for the sake of our economy In Turkey, for example, the govern- ator from Connecticut and the Pre- and for good governance, the passage of ment has stretched to seek a con- siding Officer and others, we have a lot what we call a clean continuing resolu- frontation with Israel rather than ad- of things in this body we disagree with, tion that allows us to work out the in- dress the humanitarian disaster on its but our firm support for Israel, particu- dividual appropriations bills should be doorstep in Syria. In Egypt, the gov- larly at a time when there is so much beyond any disagreement. ernment honored those who attacked turmoil in that region, it is important I thank the Senator from Virginia for the Israeli Embassy in Cairo, rather the Senator from Connecticut, Mr. his leadership not only on behalf of than release from detention their citi- BLUMENTHAL, spoke on that issue. Federal employees, but also on behalf zens arrested for advocating for demo- RECOGNIZING FEDERAL EMPLOYEES of sensible budgeting so we do not have cratic reforms and freedom. Most con- I am going to take a moment today to go through this type of ordeal and cerning to this Chamber, Iran’s Gov- to repeat something I do on a regular put people through this unnecessary ernment has doggedly pursued nuclear basis. It is something I inherited from anxiety. weapons and threatens to destabilize the former Senator from Delaware, Mr. Mr. WARNER. I thank the Senator the entire region. Nobody is fooled Kaufman, when he was here. He would, from Maryland. I will now take a mo- about the military dimensions of Iran’s on a fairly regular basis, come down ment in this continuing effort to recog- nuclear program. and recognize the great work of indi- nize examples of the kind of people who On this day we do not yet know how vidual Federal employees. serve our government—oftentimes for the Palestinian Authority’s bid for We spend a lot of time in this body not much recognition, a lot less pay statehood recognition at the United talking about what government does and, candidly, some disdain from peo- Nations will be resolved. I do know my not do well and how we need to rein in ple on both sides of the aisle. colleagues on both sides of the aisle and get our government in order. I HONORING ALFONSO BATRES will not be sidetracked from advo- know the Presiding Officer and I share Mr. President, I am pleased to honor cating for the hard work toward peace. those beliefs. There are an awful lot of Dr. Alfonso Batres, who is the chief re- By encouraging the Palestinian Au- good folks who work for our Federal adjustment counseling officer at the thority to return to the negotiating Government day in and day out who do Veterans Health Administration. He table, which they have refused to do, not get much recognition but provide has direct oversight of 300 vet centers, and by continuing strong United incredibly valuable service to literally 50 mobile vet centers, and over 1,900 vet States-Israel defense cooperation our 300 million Americans. center staff providing readjustment Nation will deter those who would seek So following in Mr. Kaufman’s foot- service to war zone veterans and their to achieve victory over Israel by either steps, I come down and pick a Federal families across the United States. He using the force of arms or manipu- employee to recognize. I will get to has worked extensively to ensure vet lating international institutions such this Federal employee in a moment. centers—which are small storefront op- as the United Nations. Let me just say we have already seen erations located throughout the coun- By sending the Iran, North Korea, rumblings in the press of another po- try—are accessible to as many people and Syria Sanctions Consolidation Act tential political brinksmanship around as possible. His efforts led to nearly of 2011 to the President for his signa- the end of the fiscal year. I see my 200,000 veterans and their families to ture, we can do our part to call atten- good friend, the Senator from Mary- visit vet centers a total of 1.2 million tion to Iran’s use of denial and deceit land, who, like me, a Senator from Vir- times in 2011 alone. to advance its nuclear program. By ginia, has a disproportionate number of Dr. Batres has also expanded the passing a foreign operations appropria- Federal employees in our respective scope of coverage for vet centers and tions bill for fiscal year 2012 that aligns States. The Presiding Officer from worked to improve the quality of the our assistance with our international West Virginia probably has a dis- services offered to veterans. For exam- commitments—including over $3 bil- proportionate number of Federal em- ple, he provided family bereavement lion in aid to Israel—this body will, ployees as well. service and the Combat Call Center, again, demonstrate its leadership in Every time we get to that eleventh which allows veterans to talk to other striving for peace. hour, we put all these Federal employ- combat veterans about readjustment Finally, I would be remiss if I did not ees’ lives in limbo, and that is not fair. issues they may be experiencing. call attention to the fact that while It is not right. Every time we do this, Dr. Batres’ dedication to providing each of us was free to hear the Presi- we self-inflict upon this economy an- quality veteran-centric care has led to dent’s remarks, yesterday was and other effort imposed by us that slows praise throughout the health care com- today remains another day that Gilad our economic recovery. I know the ma- munity. According to Lawrence Shalit is held hostage by Hamas. As a jority leader and others are trying to Deyton, a former Veterans Affairs col- nation founded on the unalienable work in good faith to make sure we do league: right to liberty, we must repudiate not have another brinksmanship Dr. Batres’ combination of vision and per- those who seek to forge a nation while around the end of the fiscal year. sonal experience . . . has translated into the continuing to collaborate with his cap- Mr. CARDIN. Will the Senator yield? Vet centers becoming the gold standard, and tors. I urge his release. Mr. WARNER. I will be happy to a model for public health programs. I look forward to working with my yield. In an interview, Dr. Batres said: colleagues and the President on all of Mr. CARDIN. Let me thank my col- The opportunity to serve veterans and these efforts. They are truly bipar- league from Virginia. He is absolutely their families as a civil servant through the tisan. They unite us as a body and they right. We went through a pretty tough Vet centers program has been a dream real- unite the American people. I thank time a month ago when we reached an ized and an honor. you. agreement on the funding levels. It In 2009, when I first joined this body, I yield to the distinguished Senator should be a very simple process to get I helped launch a comprehensive study from Virginia. a continuing resolution passed that that evaluated the quality of care and The PRESIDING OFFICER. The Sen- will extend the government based upon benefits we are providing to our return- ator from Virginia. the agreement that was reached just a ing combat veterans, especially women Mr. WARNER. Mr. President, I ask to month ago. who are affected by post-traumatic speak as in morning business for up to The Senator from Virginia is right stress syndrome and traumatic brain 5 minutes. about our Federal workforce. Our Fed- injury. I think we are very fortunate to

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.035 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5866 CONGRESSIONAL RECORD — SENATE September 22, 2011 have someone as dedicated as Dr. Proponents of an expanded TAA Pro- the three pending free-trade agree- Batres working on these important gram tell us there is a moral obligation ments to Congress for a vote, so we can issues. for the government to help mitigate help our businesses and farmers better I hope my colleague will join me in the costs from job losses associated compete in a global economy. If we honoring the doctor, as well as all of with increased imports and offshore want to help our economy and create those at the Department of Veterans outsourcing, which often occurs as a jobs, passing the FTAs should be our Affairs, for their excellent work today. result of direct government policies, first order of business. I also am proud to recognize that Dr. that is, trade agreements. But why do The best response to globalization is Batres, as a Virginian and a Vietnam we choose to reward some Americans to harness its dynamic growth to our veteran, has dedicated 37 years to pub- who lose their jobs due to adjusting to benefit, not to choose winners and los- lic service. some Federal policies—in this case, ers and give them unproven training As I was saying earlier, along with trade policy—but not others? Even if and additional income support and the Senator from Maryland, there will one were to concede that the Federal health care entitlements. If the pur- be issues on which we disagree with our Government has some obligation to pose of TAA is to help workers adjust friends on the other side of the aisle. help those who lose their jobs due to to trade policy actions by the govern- We have to have a way to argue, de- the trade policy actions of the United ment, then only those workers im- bate, and decide on those disagree- States, surely workers who lose their pacted by trade with U.S. free-trade ments, but let’s make sure we do not jobs for reasons that have nothing to agreement countries should be eligible. put this country and our Federal em- do with Federal Government actions Again, I thank my colleague and ployees in more—and, equally impor- should not receive these favorable TAA friend, Senator RUBIO, for offering this tant, the 300 million Americans who benefits. important amendment and trying to not only depend on those services that I have heard lots of talk about the look out for the taxpayer and narrowly are provided, but mostly are about try- improvements made in the 2009 TAA constrain spending on TAA. I urge my ing to recover in this economy—let’s stimulus expansion. One word I do not colleagues to support his amendment. not have act 3 of that kind of political hear much anymore is ‘‘globalization,’’ Mr. President, I suggest the absence brinksmanship which started in the because if you go back and look at the of a quorum. spring and then over the debt crisis and actual bill, the 2009 stimulus TAA The PRESIDING OFFICER. The now potentially at the end of this package was actually called TGAA, clerk will call the roll. month, which are, in effect, self-in- trade and globalization adjustment as- The assistant legislative clerk pro- flicted wounds on our economy that is sistance. The chairman has dropped the ceeded to call the roll. struggling so much to recover. ‘‘globalization’’ reference in the title of Mr. THUNE. Mr. President, I ask I yield the floor and note the absence the TAA extension amendment we are unanimous consent that the order for of a quorum. considering today, but the legislation the quorum call be rescinded. The PRESIDING OFFICER. The retains the untenable expansion of eli- The PRESIDING OFFICER. Without clerk will call the roll. gibility criteria included in the 2009 objection, it is so ordered. The assistant legislative clerk pro- stimulus version. AMENDMENT NO. 650 ceeded to call the roll. The TAA Program we will vote on Mr. HATCH. Mr. President, I ask today, as offered by the chairman has Mr. THUNE. Mr. President, I call up unanimous consent that the order for lost any nexus to U.S. trade policy ac- amendment No. 650 to make it pending. The PRESIDING OFFICER. The the quorum call be rescinded. tions. Under the chairman’s expanded The PRESIDING OFFICER. Without TAA Program, workers who lose their clerk will report. The assistant legislative clerk read objection, it is so ordered. jobs, allegedly due to shifts in produc- as follows: AMENDMENT NO. 651 tion to non-free-trade agreement coun- Mr. HATCH. Mr. President, I thank tries, will be eligible for the generous The Senator from South Dakota [Mr. Senator RUBIO for offering his impor- TAA benefits. THUNE] proposes an amendment numbered 650. tant amendment that will constrain As I highlighted in my remarks yes- spending on TAA by limiting TAA ben- terday about Solyndra, in a dynamic Mr. THUNE. I ask unanimous con- efits to workers negatively impacted U.S. and global economy, businesses sent that the reading of the amend- by free trade agreements negotiated by can start up and shut down for many ment be dispensed with. the U.S. Government. reasons that have absolutely nothing The PRESIDING OFFICER. Without As I explained in offering my amend- to do with foreign trade and certainly objection, it is so ordered. ment yesterday to tighten the standard nothing to do with any specific U.S. The amendment is as follows: of eligibility for TAA, the expanded trade policy. Solyndra failed due to a AMENDMENT NO. 650 TAA Program will grow and grow and bad business model and an ill-con- (Purpose: To require a report on the con- cost more and more taxpayer money. ceived Federal loan of a half a billion sequences of failing to act on trade agree- The expanded TAA Program proposed dollars in taxpayer money—it was a ments) by the chairman is no longer about little bit more than that—not because At the end, add the following: trade policy but, rather, about expand- of trade policy. That Solyndra workers TITLE lll—ITC REPORT ing a domestic spending program. The may receive TAA benefits highlights SEC. ll01. SHORT TITLE. TAA Program proposed by our friends the problems with the program. This title may be cited as the ‘‘Quantifying across the aisle extends TAA to serv- Globalization has changed how our the Effects of Failure to Act on Trade Act’’. ices workers and to workers impacted businesses operate—both large and SEC. ll02. ITC REPORT. by shifts of production or services to small—and all the variables that now (a) IN GENERAL.— any foreign country. In an integrated impact buying and selling decisions (1) FAILURE TO ACT ON AGREEMENT.—Not and rapidly expanding global economy, through global supply chains, shifting later than 2 years after the date that the President enters into a trade agreement, the conceivably all business decisions demographics, shifting demand trends, International Trade Commission shall sub- made at home and abroad could trigger different tax regimes, and ever-chang- mit a report described in subsection (b) to TAA’s generous benefits. ing investment climates will nec- Congress, if — As I predicted at the beginning of essarily create opportunities and chal- (A) legislation to implement the agree- this debate, many of my friends who lenges for all American businesses. We ment has not been submitted to Congress; support TAA have argued that more should help American businesses and (B) a bill to implement the agreement has people used the TAA Program when it farmers compete for the new customers not been considered by either House of Con- was expanded in 2009; therefore, it must and consumers around the world, and gress; or be working. I strongly reject this argu- we do this best by prying open those (C) the agreement has not entered into ment. Spending more money and certi- force with respect to the United States. markets, protecting American intellec- (2) FOLLOW UP REPORT.—The International fying more workers does not mean a tual property rights and investments, Trade Commission shall update the report program is succeeding; it simply means and strengthening the rule of law. required by paragraph (1) each year there- the program is expanding and costing That is why my colleagues and I con- after, if legislation to implement the agree- more and more taxpayer dollars. tinue to push the White House to send ment has not been submitted to Congress, a

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.037 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5867 bill to implement the agreement has not One would think passage of these to languish. Finally, the ITC would be been considered by either House of Congress, trade agreements, which were signed in required to update their study in every or the agreement has not entered into force. 2006 and 2007, would have been an early subsequent year that the trade agree- (b) CONTENTS OF REPORT.—The report re- quired by subsection (a) shall contain the priority for the Obama administration. ment is not considered by Congress or following: Yet here we are more than 21⁄2 years if it is still not entered into force. (1) A quantitative analysis of the impact into this administration, and the Presi- My amendment follows a very basic on United States businesses and individuals dent still has not made a commitment principle. If the President believes a caused by the delay in the implementation of to send us the trade agreements so we trade agreement is in America’s na- the agreement. The analysis shall examine can consider them. tional and economic interests, he needs all relevant factors impacting United States Perhaps some might say it takes to submit it to Congress. If he does not businesses and individuals, including— time to get an agreement implemented submit it to Congress, we need to have (A) lost market shares for United States exports in foreign markets resulting from after it has been signed. Let’s consider better information as to what the costs new trade agreements implemented between some recent trade deals the United are of that delay. If we think these the country with respect to which the trade States has negotiated. Consider the trade agreements are important—and agreement was entered into and any other U.S.-Australia Free Trade Agreement. the President spent much of the month country, and market shares lost for United This agreement with an important ally of August talking about the need to States exports resulting from any other fac- was signed on May 18, 2004, and entered pass them, so clearly he believes they tor; into force on June 1, 2005, a little over are important—then we need to be able (B) how the delay in implementing the 1 year later. to more effectively weigh the disadvan- agreement is affecting the advancement of Consider the U.S.-Chile agreement. United States trade objectives, described in tages imposed upon American busi- the Bipartisan Trade Promotion Authority This agreement was signed on June 6, nesses and consumers as a result of not Act of 2002 (or any subsequent trade pro- 2003, and entered into force on January implementing them. motion authority); and 1, 2004, only a little over half a year I wish to emphasize this is not a par- (C) how the delay in implementing the later. Perhaps we should look at the tisan amendment. It will apply to any agreement is affecting the protection of in- U.S.-Peru agreement. This agreement future President who delays implemen- tellectual property rights of United States was signed on April 12, 2006, was passed tation of a trade agreement, Demo- businesses operating in foreign markets. by the Democratically controlled cratic or Republican. Why is this so (2) The impact on employment in the House in November of 2007, and the important? Because the global econ- United States resulting from the delay in implementing the agreement. Democratically controlled Senate in omy in which American businesses (3) An estimate of the probable impact on December of 2007. compete is not static. It is dynamic, United States businesses, in terms of ex- Let me repeat. A Democratic House fast moving, and ever changing. As we ports, profitability, and employment, if the and Democratic Senate took up and stand here today, there are more than trade agreement does not enter into force by passed an agreement, negotiated and 100 new free-trade agreements cur- the end of the calendar year following the signed by a Republican President, just rently under negotiation around the date of the Commission report over a year and a half after it was world. Yet the United States is a party (c) APPLICABILITY.—The International Trade Commission shall submit the report signed. So we know that even when the to only one of those negotiations, the required by this section with respect to— President and the majority in Congress Trans-Pacific Partnership. (1) any trade agreement entered into on or come from different parties, we have I have with me the ITC report on the after the date of the enactment of this Act; still been able to implement our trade U.S.-Colombia agreement issued short- and agreements expeditiously for the good ly after it was signed. The date on this (2) any trade agreement entered into before of the country. report is December 2006, over 41⁄2 years the date of the enactment of this Act if such My point is not simply that the three ago. Would it not be helpful to have a agreement has not entered into force with pending free-trade agreements are long recent report that would take into con- respect to the United States by June 30, 2012. overdue. The point is, our process for sideration the impact to U.S. busi- Mr. THUNE. Mr. President, I rise in considering trade agreements did not nesses from the Canada-Colombia trade support of this amendment, which I envision such long delays between sign- agreement that recently went into ef- filed yesterday afternoon, which deals ing and implementation. Nevertheless, fect or the EU-Colombia Free Trade with what I believe is a very important we need to respond to this unfortunate Agreement that will go into effect next topic; that is, the high cost of delay reality, and my amendment helps us to year? when it comes to the pending free- do so. Let’s consider the cost of delay to trade agreements. I raised this issue It is very simple. Under current trade just one U.S. company, Caterpillar. As yesterday, and I wish to reemphasize promotion authority procedures, the we all know, Caterpillar is a leading my comments in light of the fact that International Trade Commission must producer of large construction and we will be voting on this amendment prepare a report that is submitted to mining equipment and a major U.S. ex- this afternoon. Most of the debate the last few days the Congress no later than 90 days after porter. Caterpillar exports 92 percent of has been about the merits of trade ad- a trade agreement is signed. However, its American-made large mining justment assistance. But there is an- there is currently no requirement that trucks. Caterpillar’s large truck ex- other aspect of trade adjustment as- the ITC conduct a study to assess the ports to Colombia face a 15-percent sistance renewal we should consider. It negative impact on U.S. businesses duty, which adds about $300,000 to the is the fact that there has been a real when we delay implementation of an cost of each of those trucks exported to cost to America’s economy and to the agreement, as we have for more than 4 Colombia. American businesses as a result of the years with Korea, Colombia, and Pan- Just imagine the advantage Cater- President’s strategy to link passage of ama. pillar could have had for the last sev- the three trade agreements to a re- My amendment would simply require eral years over its Japanese and Chi- newal of an expanded Trade Adjust- the ITC to assess the negative impact nese competitors if the Democratic ment Assistance Program. to U.S. businesses if a trade agreement House in 2008 had not refused to con- This is very unfortunate, especially is signed but has not been considered sider the Colombia agreement when considering that even the White House by Congress within 2 years. The ITC President Bush submitted it or if Presi- acknowledges that passing the trade study would focus on lost U.S. export dent Obama had submitted it promptly agreements is one of the best things we opportunities, how the delay has im- upon taking office. could do in the short term to create pacted U.S. trade objectives as set out But the Caterpillar example is just jobs. According to the Business Round- under trade promotion authority, as one company. We did an unbiased, ob- table, the passage of the trade agree- well as how the delay impacts the pro- jective, and expert study on the cost to ments will support 250,000 American tection of U.S. intellectual property all U.S. businesses of delay. My amend- jobs. The U.S. Chamber of Commerce overseas. ment would accomplish this. estimates that as many as 380,000 U.S. The study would also estimate the Consider that U.S. companies have jobs could be in jeopardy if we do not impact on U.S. employment if the paid more than $5 billion in tariffs to pass the free-trade agreements. trade agreement in question continues Colombia and Panama since the trade

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.009 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5868 CONGRESSIONAL RECORD — SENATE September 22, 2011 agreements with these nations were goods, as I mention, and manufactured ment quantified the harm of the delay signed more than 4 years ago. More im- goods as well as services. in a comprehensive fashion so that we portantly, U.S. businesses have lost The U.S.-Korea Free Trade Agree- know exactly the cost the delays are countless business opportunities in ment was signed in June of 2007. Ko- imposing on U.S. businesses and indi- Korea, Colombia, and Panama. rea’s trade agreement with the EU was viduals and impact on U.S. employ- Consider another example, the mar- launched in May of 2007, just 1 month ment or on the protection of U.S. intel- ket for agricultural products in Korea, earlier. We had basically finished the lectual property in foreign markets? which is the world’s 13th largest econ- entire negotiation process and wrapped The answer is no. As a result, it is omy. Korea’s tariffs on imported agri- up our agreement with Korea by the more difficult than it should be to bal- cultural goods average 54 percent, com- time the EU was just launching the be- ance the benefits of this delay on the pared to an average 9-percent tariff on ginning of their negotiations with one hand, which would be any benefits these imparts into the United States. Korea. As I mentioned earlier, the EU- from renewal of the expanded TAA, Passage of the Korea Free Trade Agree- Korea agreement has now taken effect, with the cost on the other hand. This is ment will level the playing field. Yet and the President has not even yet sub- 9 months away. I certainly hope the this administration continues to delay mitted our agreement with Korea to Colombia, Korea, and Panama Free sending these agreements to Congress. Congress for consideration. Trade Agreements will pass soon and At a time of near-record unemploy- Again, we are not creating a favor- go into effect long before next June. ment and slow economic growth, this able impression for any future trade This amendment is forward looking, delay is unacceptable. This ongoing agreement partners. As emerging as it applies to future trade agree- delay is having a real impact on Amer- economies mature, millions of new ments, if they are not submitted to ican businesses, and it will only get middle-class consumers enter the glob- Congress or considered by Congress or worse as the EU-Korea agreement has al marketplace. This is an impression not entered into force within 2 years of now entered into force and European we simply cannot afford to let persist. being signed. This will apply to a trade companies are getting the benefits of American businesses and exporters agreement by a future Republican lower tariffs and market access. need acces to fast-developing markets. President just as much as by a Demo- The Colombian market for agricul- Imagine if American business oper- cratic President. If there is a substan- tural products is another good example ated the way Washington, DC operates. tial delay in implementing a trade of the high cost of delay. In 2010, for What if American companies, such as agreement the United States signed in the first time in the history of U.S.-Co- Apple or IBM, waited 4 or 5 years to de- good faith with another nation, what- lombia trade, the United States lost to velop their next product? Would they ever the reason for the delay, maybe Argentina its position as Colombia’s continue to outinnovate their foreign we in Congress should have better in- No. 1 agricultural supplier. competition? Of course not. Just as formation as to the specific impact on Consider the story of the three main U.S. businesses cannot afford to stand U.S. businesses of this delay. That is crops we grow in South Dakota: corn, still, the U.S. Government cannot af- all this amendment would do. It wheat, and soybeans. The combined ford to stand still as we have on trade doesn’t affect GSP or TAA. It would market share in Colombia for these for these past several years. not imperil this bill in the House. three U.S. agricultural exports has de- In 1960, exports accounted for only 3.6 There is no good reason to oppose this creased from 78 percent in 2008 to 28 percent of U.S. GDP. amendment. I hope we can adopt it percent in 2010, a staggering decline of Today, exports account for 12.5 per- today. 50 percentage points. This situation cent of our GDP. Exports of U.S. goods I yield the floor. will only get worse now that the Can- and services support over 10 million The PRESIDING OFFICER (Mr. ada-Colombia agreement has taken ef- American jobs. It is long past time SANDERS). The Senator from Utah. fect as of August 15 of this year. that we get back in the game by pass- As Gordon Stoner, a wheat grower ing the three pending trade agree- Mr. HATCH. Mr. President, I rise to from Outlook, MT, testified before the ments. speak in support of the amendment Finance Committee earlier this year: My amendment will ensure that if we filed by my colleague from South Da- ‘‘Our share of the Colombia wheat mar- delay, if we fail to act, we will have a kota. This amendment deals with an ket has declined from 73 percent in 2008 better assessment of the cost to Amer- important issue, namely, the cost of to 43 percent in 2010, and industry rep- ican businesses and consumers of that delay when it comes to free-trade resentatives in Colombia indicate we delay. Hopefully, that information will agreements. could lose our entire market share fol- make us more likely to act with a The President’s desire to increase lowing implementation of the Canada- sense of urgency. spending on TAA—an expensive domes- Colombia free trade agreement.’’ My amendment should not be con- tic spending program of debatable We are living in a global economy troversial. It doesn’t change the under- worth—at a time when taxpayers are where America cannot afford to stand lying bill or change trade adjustment struggling to make ends meet during a still on trade. There is another cost to assistance. It should not be something recession makes no sense to me. the delay in submitting these free- that would affect the ability of this His strategy to link passage of FTAs trade agreements to Congress that we legislation to pass the House. It is a to renewal of this expanded TAA pro- should consider. This is the loss of forward-looking amendment that will gram is equally perplexing. TAA is trust we may experience and be cre- improve the process under which we meant to assist workers who have al- ating with new potential trade agree- consider future trade agreements. legedly lost their jobs due to trade. But ment partners. Consider, if a country is It is important that we get this done. the administration has repeatedly stat- an emerging economy today and they The year 2006 is the last time we had an ed that the three pending trade agree- have the opportunity to negotiate a assessment of the impact of not acting ments will create jobs, not cause peo- comprehensive trade agreement with on the Colombia Free Trade Agree- ple to lose them. either the European Union or the ment. Earlier today, Senator BAUCUS According to the Business Round- United States, what message is our made some remarks about my amend- table, passage of the three pending delay sending to those potential trad- ment and referred to it as a ‘‘back- trade agreements will support 250,000 ing partners? ward-looking’’ amendment. Nothing American jobs. Since jobs will be cre- Unfortunately, the message appears could be further from the truth. It is ated rather than lost, it makes no to be that if they negotiate with the not about casting blame or looking sense to link the passage of an ex- EU, they will get the benefits of an back; it is about improving trade by panded version of trade adjustment as- agreement much sooner than if they giving Congress better, more com- sistance to these three FTAs. In fact, spend the time and effort to negotiate prehensive information on the impact the only jobs lost to date have been an agreement with the United States. of delay. those caused by the President’s refusal This is best exemplified by the negotia- Senator BAUCUS said earlier that no- to send these FTAs to Congress. His re- tions with South Korea, a large econ- body disputes the harm from delaying fusal to act has caused U.S. farmers, omy, a major market for agricultural agreements. But has the U.S. Govern- manufacturers, and service providers

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.041 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5869 to cede market share to our competi- businesses is doing business outside of are operating under now, she would not tors in Panama, Colombia, and South the United States, or exporting their qualify for help under TAA. Under the Korea. products. Increasing our exports is 2009 reforms, Joanne sought and re- Given the state of the economy under vital to the long-term health of our ceived training as a licensed nursing this administration, one would think economy. assistant. She completed training in passage of these trade agreements— At the same time, we have to ac- June, and last month she began a job which were handed to the President knowledge that trade creates new chal- in her new career, and she loves it. wrapped up in a bow by his prede- lenges for many American companies TAA has supported her through this cessor—would be the first order of busi- and American workers. We have to un- process and paid for her training, so in- ness. Yet, here we are, more than half- derstand no graph showing GDP growth stead of being unemployed, she is now way into this administration and the is a comfort to a mother who suddenly a dynamic part of our economy, work- President has not even made a commit- cannot feed her family because her fac- ing in one of its fastest growing fields. ment to send us the trade agreements tory has shut down; and no statistic Another New Hampshire worker, so we can consider them. about market efficiency is going to pay Robert Arsenault, who is a veteran, My colleague’s amendment would a young man’s rent when his company had worked for 21 years making paper help us assess the impact of the Presi- moves its engineering operations over- at the mills in Gorham and Berlin. The dent’s delay, and future Presidents as seas. When Congress promotes inter- paper industry has been devastated by well, on the American economy. national trade, it enters into a com- offshore competition. As the Chair The amendment would require the pact with all American workers that knows, we have lost so many of our ITC to assess the negative impact to they will not be left behind. Competi- mills throughout northern New Eng- U.S. businesses if a trade agreement is tive trade means making sure all of us land. When those mills in Berlin and signed but has not been considered by can compete. Gorham closed, Robert used trade ad- Congress within 2 years. Among other For nearly 50 years, the Trade Ad- justment assistance to get a commer- things, the ITC study would highlight justment Assistance Program has been cial driver’s license at the White Moun- lost U.S. export opportunities, the im- lending a hand to workers faced with tains Community College. He recently pact on the protection of U.S. intellec- the negative consequences of inter- started a new full-time job with a pav- tual property overseas, the impact on national trade. It has been supported ing and contracting company. TAA doesn’t just help out individual U.S. employment to date, and the pro- by liberals and conservatives, Demo- workers; it also helps small businesses spective impact on U.S. employment if crats and Republicans. Its premise is that are being hurt by international agreements are not sent to Congress. simple: If you lose your job to foreign trade. New England Forest Products is If the President believes these trade trade, we will help you prepare for a a hardwood manufacturing company agreements will create jobs, he needs new career and help keep you afloat that has been operating in Greenfield, to submit them to Congress. It is ab- while you train. Over the last 2 years, NH, since 1993. But during the recent surd that they are still sitting on the almost a half million Americans have recession, they found themselves losing President’s desk, while our companies begun a new chapter in their lives with business to cheap Chinese lumber. In and workers lose market share to our the help of trade adjustment assist- search of answers, they applied to the competitors in Colombia, South Korea, ance. local trade adjustment assistance cen- and Panama. In 2009, Congress enacted some com- ter for help. They worked with TAA to I encourage my colleagues to support monsense reforms to the TAA Pro- develop a marketing strategy and ad- this amendment. gram. For years, Americans who lost vertising materials that now help the I ask unanimous consent that the their jobs to India or China were denied small business sell their hardwood Senator from New Hampshire be per- access to this program because the flooring and other products directly to mitted to make her remarks at this United States doesn’t have a specific consumers. In part because of this im- time. trade agreement with either country. portant program, New England Forest The PRESIDING OFFICER. Without Given the growing economic power of Products saw sales increase 28 percent objection, it is so ordered. The Senator those two nations, that left an unac- in the following year. from New Hampshire is recognized. ceptable number of Americans facing This isn’t just one encouraging story. Mrs. SHAHEEN. I thank my col- trade effects on their own. In 2009, we Of the 18 businesses in New Hampshire league. I agree with both of my col- changed the program so that TAA sup- that have received TAA in the last 4 leagues, who have spoken, that we live ported all Americans whose jobs were years, all 18 are still operating, and in a globalized economy, and it is im- sent overseas. But those reforms have, many are adding employees. These are portant for us to make sure we have unfortunately, expired. This week, we the kinds of stories the Trade Adjust- the benefits of that globalized economy have the opportunity to restore them, ment Assistance Program makes pos- in America. It has offered us incredible and we should. sible, but only if we sustain these crit- new opportunities. But there are oppor- The 2009 reforms also updated the ical reforms and strengthen TAA’s role tunities that have not been shared TAA Program to protect workers in as both a critical safety net and a driv- equally across our economy and our service industries, in addition to those er of the American economy for dec- workforce. in manufacturing. Fifty years ago, ades to come. I believe that when given a level when the program was created, no one I urge my colleagues to support the playing field, the American workforce could have imagined the advances in trade adjustment assistance amend- has shown it can outcompete and technology that would allow foreign ment when it comes to the floor for a outinnovate any economy in the world. service workers and engineers to com- vote later today. That is the way we will get our econ- pete with our own domestic workers in The PRESIDING OFFICER. The Sen- omy moving again, by unleashing the those fields. This week, we have an op- ator from South Dakota. power of American entrepreneurship. portunity to restore the 21st century Mr. THUNE. Mr. President, I want to I have spoken before about ending perspective to the TAA Program. emphasize one final time, as we get the false debate between so-called free I want to share a couple of stories closer to votes on these amendments, trade and fair trade. I think we need about New Hampshire workers who the importance of getting the free- competitive trade, a policy that fo- have benefited from trade adjustment trade agreements passed and put into cuses on growing U.S. exports, opening assistance. The first is a story about force, but also the importance of un- new markets for U.S. companies, job Joanne Sanschagrin of Gilmanton, who derstanding that, as we move into the training for our workforce, and tough worked at Aavid Thermalloy for 22 future, we not make the mistakes we enforcement of trade rules. years. She was a buyer for the com- have made with respect to these agree- We can help our workforce compete pany, but the company was threatened ments, and that is to let them languish by giving them access to foreign mar- by competition from several nations, literally years, and at the same time be kets. Fully 95 percent of the world’s including China. She knew she needed losing market share, be losing jobs for consumers live outside of the United to get a new job before she was laid off. Americans, and be losing market op- States, but only 1 percent of U.S. small Under the old TAA terms, the ones we portunities for American businesses.

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.043 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5870 CONGRESSIONAL RECORD — SENATE September 22, 2011 Again, I wish to point out just a cou- minutes, as I know my colleague from with or manage the complex national ple things I think personalize this; one, Indiana is waiting, but I do wish to security challenge of that region and as I mentioned in my earlier remarks, speak to it, if I may. the complexity of the relationship with we have a company such as Caterpillar, The Senator from Texas has intro- Taiwan. which makes large mining trucks and duced an amendment that takes an un- I would remind colleagues that the $6 exports 92 percent of them. They pay a precedented step in the Senate; that is, billion in new arms sales, of various $300,000-per-truck tariff to get into the the step of actually requiring the kinds—including a major upgrade Colombian market. Think of a country President, by mandate—with respect to package to all the 145 F–16s—is an such as South Korea, with the 13th one weapon system in one singular enormous, important package which largest economy in the world. They are amendment—to sell a specific weapon Taiwan wants and needs and which a big importer of American agricul- to another country. Specifically, the Taiwan believes will bring it up to par tural goods, with 54 percent right now Senator wants to take the unprece- with respect to those systems and the being the average tariff on goods that dented step of requiring the President need to be able to defend itself. are exported from the United States— of the United States to sell 66 new F–16 I think we have to remember that agricultural products exported from fighter aircraft to Taiwan. ever since President Nixon opened the here to Korea, but 9 percent is the av- The amendment mandates the sale of door to China nearly 40 years ago, the erage tariff on their goods coming into these new aircraft, despite the fact United States has worked very care- this country. That 54-to-9 ratio is an that just yesterday the President and fully to promote peace and stability in incredible disadvantage, putting Amer- the administration notified Congress of the Taiwan Strait. The Taiwan Rela- ican businesses at a tremendous dis- their intention to provide Taiwan with tions Act has long governed our policy advantage relative to the countries nearly six billion dollars’ worth of toward Taiwan because we don’t have a around the world with whom they have items in defense goods and services, on formal diplomatic relationship or a for- to compete. top of money they have already pro- mal treaty. vided to Taiwan—including upgrades to At the same time these trade agree- With respect to arms sales, let me Taiwan’s current fleet of 145 F–16s. ments have been languishing here for share with my colleagues what the I will stand by my record of 26-plus over 4 years, other countries have TRA says. It shall be the policy of the years of voting for the appropriate de- stepped in—the European Union, Aus- United States ‘‘to provide Taiwan with fense relationship with respect to Tai- tralia, and Canada—and filled the vacu- arms of a defensive character’’ and ‘‘to wan and China. We have always re- um we have left. As a consequence, maintain the capacity of the United spected the Taiwan Relations Act, and American businesses have been hurt States to resist any resort to force or I think we have consistently stood by and hurt profoundly. More impor- other forms of coercion’’ which would Taiwan and kept faith with that act. tantly, as we sit in this economy we jeopardize the security of the people of Without a doubt, the growing military are in and talk about the importance of Taiwan. Finally, the TRA obligates the disparity between China and other job creation, there isn’t anything we United States to provide such defense countries in the region, as well as could do that would probably create goods and services to Taiwan as are China and Taiwan, is something we jobs more quickly than to get these ‘‘necessary to enable Taiwan to main- need to be thinking about and taking trade agreements enacted. It means tain a sufficient self-defense capa- into account as we contemplate the thousands of jobs for Americans, it bility.’’ means business opportunities for long-term future of all those relation- The Obama administration and the American businesses overseas, and it ships in that region. But that said, I committees of jurisdiction in the Sen- means market share we should be am opposed to this specific amend- ate and House, with respect to it, take maintaining or perhaps even acquiring ment. I believe Senator BAUCUS, who the provisions of that act very seri- and that we are losing as a result of has already spoken in opposition to it, ously. The administration has care- not having these agreements entered in and others, I believe, are opposed to it fully analyzed, as have we, the military force after they have been negotiated for two appropriate reasons: one, the balance across the Taiwan Strait, and these many years ago. substance of the amendment itself— So my amendment looks prospec- and I will speak to that—but also, we have consulted closely with the tively into the future. It requires that plain and simply, this is not the right Government of Taiwan as to how to we know specifically—quantitatively— vehicle to address this issue. best meet Taiwan’s defensive needs. what are the impacts of delay when it Everybody understands that consid- On Wednesday, the administration comes to getting these free-trade eration of TAA is part of a very com- formally notified Congress of its intent agreements not only ratified by the plicated approach to what Senator to send a very substantial retrofit Congress but entered into force with THUNE just commented on—a much- package that would upgrade the cur- these other countries. I think it is crit- too-long-awaited dealing with several rent fleet. As I mentioned, there are 145 ical information we need to know. We trade agreements a lot of us want to F–16s that Taiwan has today and that need to know what harm, what eco- pass and we think we should pass. Pas- Taiwan relies on today for its current nomic consequences are the result of sage of this TAA proposal—without defense needs. These upgrades include these trade agreements being delayed. these other issues being added to it, state-of-the-art avionics and weap- I hope we will get bipartisan support which would put it in jeopardy—is crit- onry—including Actively Electroni- for this amendment today. It doesn’t ical to being able to help American cally Scanned Array Radars, targeting do anything to alter TAA. It doesn’t do workers as well as to lining up those systems, the AIM–9X air-to-air mis- anything to alter GSP. It doesn’t do three pending trade agreements which siles, and precision-guided munitions. anything to affect the passage of this will create jobs in the United States So I don’t believe there is any question agreement in the House. But it will, as and which will also enhance our secu- but that the United States is now, and we look into the future, make it much rity. So if we were to pass the Cornyn will continue to be, in full compliance more clear to us what these economic amendment—which we know the ad- with the requirements of the TRA. impacts are with regard to these trade ministration strongly opposes—that But this package also makes clear agreements and our delay in getting would imperil this very carefully craft- that support for Taiwan is not a par- them implemented. ed jobs package we are now consid- tisan issue. The Bush administration, I yield the floor. ering. in its 8 years—two full terms—notified The PRESIDING OFFICER. The Sen- On that basis alone, I would urge col- Congress of the sale of roughly $15 bil- ator from Massachusetts. leagues to vote against this amend- lion total in arms sales to Taiwan. AMENDMENT NO. 634 ment. But I believe there are powerful, With the announcement of this sale of Mr. KERRY. Mr. President, I rise to substantive reasons for why this the additional items Taiwan needs, the speak about the amendment that has amendment shouldn’t pass just on its administration—the Obama adminis- been introduced by the Senator from own. Mandating the sale of one par- tration—in less than 3 years has ap- Texas, Mr. CORNYN. I think it is amend- ticular weapon is not the way for the proved the sale of over $12 billion in ment No. 634. I will take only a few United States to respond or to deal arms to Taiwan. So we have $15 billion

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.045 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5871 over 8 years from the Bush administra- meeting their needs. Obviously, Con- So I don’t think that thinking about tion and $12 billion over 3 years from gress has an important role to play in the future of our relationship with Tai- the Obama administration. determining how to meet those needs, wan or problems we may see on the ho- Moreover, the administration’s $5.8 but I don’t think we should, in the rizon is enough. We need to do some- billion retrofit and training proposal wake of the evidence here, make an thing now. provides the necessary parts, equip- independent judgment outside of what I would also point out that you can’t ment, training, and logistical support is already happening. We certainly just take the production line at Lock- for a cost-effective upgrade of Taiwan’s shouldn’t blindly defer to the Execu- heed Martin and basically eliminate it current status; most importantly, it tive on Taiwan arm sales. But I think because there are no further demands elevates Taiwan’s current fleet of F–16s to compel the Executive to make a spe- or contracts for F–16 sales. Basically, to a level of capability consistent with cific arms sale to a specific country all the personnel—the 23,000 people di- the most advanced export variants of measured against the steps already rectly involved in those jobs—will be this aircraft. taken and the steps being taken would reassigned or be fired, let go, because Let us understand where we are— be an unprecedented intervention by there are no contracts in place as late what the state of play is. Taiwan has the Senate under circumstances where as the fourth quarter of this year for an urgent defense need today. They there just has not been made the kind new F–16s. So I think looking at this have 145 aircraft we have already sold of compelling, urgent argument that down the road doesn’t take into ac- them. We are prepared to provide them that is the only way to proceed. So I count the current loss of jobs or the an upgrade that brings those aircraft urge my colleagues to oppose this disruption of disbanding this produc- up to the total state of the art of the amendment when the time comes for tion line, which cannot easily be recon- most advanced export variants we are us to vote on it. stituted if there are no contracts, in- allowed to export to another country, I yield the floor. cluding the sale of these 66 F–16s. and it will prevent these 145 aircraft The PRESIDING OFFICER. The Sen- I reserve the remainder of my time, from becoming obsolete. This is the ator from Texas. and I yield the floor. most sensible, cost-effective, effective Mr. CORNYN. Mr. President, I yield The PRESIDING OFFICER. The Sen- way to provide an upgrade and to pro- myself 5 minutes out of my remaining ator from Indiana. vide Taiwan with the capacity it needs. time. Mr. COATS. Mr. President, may I in- To the degree people are thinking The PRESIDING OFFICER. Without quire as to the allocation of time? The jobs in the United States of America objection, it is so ordered. Senator from Vermont has generously and what about selling, a lot of us have Mr. CORNYN. I thank my colleague yielded me the opportunity to speak never believed we ought to use defense from Indiana. for a few moments. I want to make sales or weapons sales to create jobs. I would like to respond briefly to the sure I don’t get the situation mixed up There are a lot more effective ways of Senator from Massachusetts. here so that we run out of time. creating jobs. But to whatever degree This isn’t an assessment I have made The PRESIDING OFFICER. The Sen- anybody wants to measure this by that that Taiwan needs these aircraft; this ator from Florida, Mr. RUBIO, has 17 standard, the $5.8 billion sale an- is one made by the Department of De- minutes. The Senator from South Da- nounced yesterday will be welcome fense in their 2011 report on China’s kota, Mr. THUNE, has 9 minutes. news to the workers of Lockheed Mar- growing military power. They detailed Mr. COATS. I ask unanimous consent tin, Northrop Grumman, Raytheon, the increasingly precarious situation to take 6 minutes of Senator RUBIO’s Pratt & Whitney, and many other de- in the Taiwan Strait, stating that time. fense firms. China seeks the capability to deter The PRESIDING OFFICER. Without Again, I emphasize that is not the ra- Taiwan independence and influence objection, it is so ordered. tionale for the sale, and none of us Taiwan to settle the dispute on Bei- The Senator from Vermont. should resort to those kinds of sales for jing’s terms. Mr. LEAHY. Mr. President, I would the purpose of jobs. But if that is going So it is clear from the press reports not object, but I ask consent that upon to be a measurement or a consideration from China’s state-run newspaper, the completion of that, I be allowed 7 min- in anybody’s mind, make no mistake, very bellicose comments, that this is utes as though in morning business. the $6 billion the President has pro- really an attempt by mainland China, The PRESIDING OFFICER. Without posed will have its own impact. the People’s Republic of China, to in- objection, it is so ordered. Finally, let me point out to col- timidate not only Taiwan but also the Mr. COATS. Mr. President I want to leagues, and I think it is an important United States, and we should not give respond to some of the statements that consideration, nothing in the proposed in to that intimidation. have been made by my colleagues on upgrade package will preclude the This chart which I pointed to earlier the other side of the aisle regarding the United States from providing new F– demonstrates the growing imbalance in need to add disaster relief to the Con- 16s as we go down the road, as they the Taiwan Strait. This is why these tinuing Resolution we will consider may be necessary, as a judgment is additional aircraft are needed. The red this week. made about them or any other similar one is 2,300 operational combat aircraft There is no question that there is a platform to Taiwan in the future. The for the People’s Republic of China need for some emergency supplemental administration has taken pains to versus 490 operational combat aircraft appropriations for fiscal year 2011 dis- make clear to Congress and to Taiwan for the Taiwanese. aster relief. There is agreement on the approval of this sale does not and The Senator from Massachusetts is both sides of the aisle that FEMA is will not prejudice any future decision correct to the extent that the upgrades short of money to meet its immediate on new aircraft. are welcome on the 145 F–16s we pre- needs in this fiscal year which expires Yesterday, President Ma Ying-jeou of viously sold to Taiwan. But it is not at midnight on September 30. The Dis- Taiwan said the upgrades to Taiwan’s adequate because 100 of these aircraft aster Relief Fund is dangerously low, existing F–16A/B jets are aimed at currently operational by Taiwan are and on September 9 the President re- maintaining the country’s self-defense obsolete and are going to be retired. quested $500 million in emergency ap- capabilities while pursuing peaceful de- Taiwan has intended that the new F– propriations to finish out the imme- velopment across the Taiwan Strait. 16C/D series replace the fleet of F–5s— diate needs between now and the end of The President of Taiwan said of the those were previously sold U.S. aircraft this fiscal year, which is just a little upgrade package: from the 1975 to 1985 range which are more than 1 week away, and that has We have to develop peaceful ties with now old and obsolete—and then the been provided and taken care of. Mainland China. But we haven’t for one sec- French-made Mirage 2000–5 fighters. So The House is working on sending the ond let our guard down when it comes to 100 of these planes demonstrated here, Senate a continuing resolution that in- Taiwan’s security. of the 490, are going to be retired, and cludes this emergency funding and I don’t believe the Taiwanese believe the 66 aircraft that are the subject of more—more than the President’s $500 they are letting their guard down. I this amendment will replace some of million request. The House CR is ex- don’t think they believe we are not those retired vehicles. pected to include $774 million for

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.046 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5872 CONGRESSIONAL RECORD — SENATE September 22, 2011 FEMA—the Federal Emergency Man- penditure needs to be carefully weighed would have wanted us to do,’’ they agement Agency—plus an additional in terms of our current fiscal situation. said. $226 million for the Army Corps of En- Some have noted that while the CR We have talked often of the loss and gineers for emergency flood control. may adequately fund FEMA, it doesn’t suffering in Vermont in the aftermath This emergency funding is not covered address the other agencies that need of Hurricane Irene. But we must recog- by the Budget Control Act, so in ac- additional disaster funding. If that is nize the skillful and tireless work of cordance with procedures that have the case, then why hasn’t the President the Vermont National Guard, which been put in place this year and in try- requested these additional funds imme- has been so critical to rebuilding our ing to be as careful with taxpayers’ diately? state. They have answered the call to money as we can, the House offered an On September 9, the President sent duty to help their neighbors in need. offset. That was defeated yesterday in Congress his request for additional Sergeant Stocker and his fellow Guard the House. FEMA disaster relief funding, includ- members put their country first, do While this funding covers FEMA’s ing the $500 million emergency funding whatever the mission requires, and we immediate needs, as requested by the for the remainder of fiscal year 2011. will never forget that. President, through the rest of the fis- However, this request did not include From the very beginning of the dis- cal year, the House bill also includes any funding for the other agencies in aster up until today, the Vermont Na- additional funding at the current level Senator REID’s proposal. tional Guard has been deployed to help of $2.65 billion in fiscal year 2012 for I ask unanimous consent for just 1 Vermonters in need. I spoke to Sec- FEMA’s Disaster Relief Fund, which more minute. retary Panetta last night in Wash- will provide the necessary funding to The PRESIDING OFFICER. Without ington, and I told him what a great job deal with the requests and make sure objection, it is so ordered. the Vermont National Guard is doing. people get the support they need from Mr. COATS. If this is the case, why Let me show my colleagues a photo- losses in the various disasters through did he not ask for this? We don’t need graph. This photo is of a Vermont air- this continuing resolution period, to include this additional funding to drop of supplies to a Vermont town. which will go to around November 18. meet the needs of the people for the That town was totally cut off. The only It is important to note that, despite disasters that have already occurred. way we could get in the supplies was to some of the allegations being made, The funding necessary to do that is in- bring them in by helicopter. In the Republicans support this disaster fund- cluded in the House bill on which we days following Irene, the Vermont Na- ing. It is critical to respond to the will be voting. tional Guard immediately went into many disasters that have affected so Republicans want to ensure that the action to make sure the storm victims many States over the past few months. communities devastated by disasters cut off by Irene’s destruction received However, the additional funding for fis- receive the resources that will help emergency supplies. Helicopters cal year 2012 sought by Senator REID them rebuild. We recognize that Amer- airdropped food and water, and we and Senate Democrats is not needed ican citizens have had their lives reached out to other State Guards. immediately. In fact, the President has turned upside down by Mother Nature. I talked with the Senators from not requested immediate passage of The CR will provide adequate disaster Maine. They told me how happy their any of this additional funding beyond relief through November in accordance Guards were to be able to come down what is needed to provide FEMA what with the President’s request and and help out. It demonstrates the it needs to address the situations and FEMA’s stated needs. As a result, there versatility of the National Guard. to make the necessary payments be- is no need to have all of this additional In addition to meeting our imme- tween now and the expiration of this assistance immediately as part of the diate needs, the Vermont Guard has current resolution which we will be CR. I urge Members to support passage taken on major projects such as debris voting on this week. of the CR the House will be sending us. removal and road construction. As in This is not to say we should not con- The PRESIDING OFFICER. The Sen- so many other States, when Vermont sider additional disaster relief. I recog- ator from Vermont. has a need, our National Guard is there nize the challenges that so many REMEMBERING MASTER SERGEANT SHAWN for us. Often they are the first to arrive States face in response to the disasters STOCKER and the last to leave. Guard units who that have recently struck across the Mr. LEAHY. Mr. President, I have have come to Vermont to help include country. My own home State of Indi- spoken many times here on the floor, ones from New York, Ohio, Maine, ana has experienced floods that mer- as has the distinguished Presiding Offi- West Virginia, Virginia, South Caro- ited a disaster declaration from the cer, about the disaster and tragedy lina, and Illinois. All of these Guard President earlier this year. As a na- Vermont faced from Hurricane Irene. units have said: We are here. Call us. tion, we need to step forward and ad- We all learned with profound sadness Tell us what you need. That is one of dress these immediate needs, but we that MSG Shawn Stocker of the the things we love about the National have a process in place in this body to Vermont Air National Guard suffered a Guard. When one State needs help, address this. fatal heart attack while working on a every State steps up. The Budget Control Act recently road reconstruction project in Cav- One thing Vermont did need in the passed by Congress does allow a process endish, VT. Sergeant Stocker was the immediate aftermath of Irene was heli- for providing disaster relief in fiscal first sergeant of the Vermont Air copters. The distinguished Presiding year 2012 through a disaster cap adjust- Guard’s Civil Engineering Squadron. Officer and I helicoptered around the ment. As a result from that, the Senate We in Vermont mourn this tragic loss, State. It was regrettable that our Appropriations Committee—which I and our thoughts and prayers are with State needed more airlift. Why did we? am the ranking member of the Home- Sergeant Stocker’s wife Kristine and Because many of our Black Hawk heli- land Security Subcommittee which their children. When I spoke with Kris- copters were still in Iraq following the oversees FEMA—has been considering tine today, I told her that I would talk most recent deployment. They are the the fiscal year 2012 bill and has in- about her husband on the floor, and his most modern in the fleet, but they are cluded disaster assistance, where ap- sacrifice for his community, and for in Iraq. In this season of war, it takes propriate, pursuant to the disaster cap our country. a moment to remember the troops and adjustment in the Budget Control Act. It struck me that what happened on equipment sent overseas are not going The key words here are ‘‘where appro- the morning of Sergeant Stocker’s to be available to help out at home if priate.’’ We need to be in a position to passing says much about him, and we need them in an emergency. provide additional funding should more about the Vermont National Guard. Like that deployment of equipment, disasters occur. But there is no need to When Sergeant Stocker passed, his every dollar we spend on the conflict in go forward with what Senator REID has troops gathered to consider how best to Iraq and Afghanistan is one less dollar proposed, that is, dumping a lot of honor his memory that day. Ulti- we have to invest in recovery and re- money that has not yet been certified mately, They decided to keep on work- building in America. as needed into an expenditure, particu- ing, to continue helping their neigh- Let me show another photograph to larly at a time when every dollar of ex- bors in Cavendish. ‘‘It is what Shawn my colleagues. Look at that National

VerDate Mar 15 2010 04:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.048 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5873 Guard working to put in these roads. We are the United States of America. proved he would abandon our allies in They are stretched thin, as are the Na- We work together. We can not afford to Colombia, Panama, and South Korea, tional Guards all over this country be- toss aside that tradition. and cede these growing markets to our cause so many of them serve overseas The decision of some to inject poli- foreign competitors. How shortsighted. in Iraq and Afghanistan. These are tal- tics and political point scoring into While the President may have been ented engineers, talented men and disaster relief is a new low for Con- willing to accept that outcome, many women, people who know what to do gress, a Congress that is already scor- of my colleagues were not. They and have the equipment. They can do ing records for unfavorability. Leader stepped up to the plate and vowed to things nobody else can do, certainly REID is right to call for a continuing support efforts to move the process for- not in our little State. resolution that includes an emergency ward. As a result, the deck in favor of This is a time to choose investment disaster relief package that will get aid this bill was stacked long ago. at home first. I hear people tell me we to all 50 States suffering from the ef- Still, I am glad we have had an open can’t pay for disasters in America un- fects of these unprecedented natural debate on the merits of this program. less we take money out of education or disasters. Earlier this year, the President at- medical research or other things Amer- We try to rebuild Iraq and Afghani- tempted to shield TAA from strict icans need, but we can sign a blank stan and nobody questions that. In- scrutiny and debate by jamming it into check to rebuild Iraq and Afghanistan. stead, let’s rebuild America. the South Korea implementing bill. I am saying, let’s worry about Amer- I encourage my colleagues here and Doing so would have been a clear abuse ica. Americans need help. We are ask- in the House of Representatives to do of U.S. trade laws and would have de- ing for a tiny percentage of what we the right thing for people who need our nied the Senate an opportunity to fair- are spending on a credit card for Iraq help and move forward with Leader ly debate and amend TAA. The Amer- and Afghanistan. REID’s bill. Our fellow Americans need ican people deserve better than this America needs us. The citizens in our our support. Let’s start spending some and Finance Committee Republicans States are suffering because of a nat- time worrying about America. fought hard to ensure that this did not ural disaster. The men and women of I yield the floor and suggest the ab- happen. It is largely a result of their the Guard who have come to their aid sence of a quorum, with the time to be efforts that we are here today. deserve nothing less. equally divided. Even though the deck was stacked For the last decade we have waged The PRESIDING OFFICER. Without against our amendments long ago, this two wars on the Nation’s credit card. objection, the clerk will call the roll. discussion has been a useful exercise. It We totally ignored paying for it during The legislative clerk proceeded to has been over 9 years since the Senate that time, even though we have raised call the roll. engaged in a real trade debate on the taxes to pay for every other war in this Mr. HATCH. Mr. President, I ask Senate floor. Senators deserve an op- Nation’s history. We did, however, unanimous consent the order for the portunity to have their voices heard on pause to throw ourselves a party in the quorum call be rescinded. issues related to international trade, form of tax breaks tilted toward the The PRESIDING OFFICER. Without and by engaging in debate we are hon- very wealthiest among us. The policy objection, it is so ordered. oring our republican constitutional was wrong, and it hurt America. AMENDMENT NO. 633 traditions. We are doing what the Now, after all these years of funding Mr. HATCH. Mr. President, I rise in American people expect us to do: open- wars and rebuilding other countries opposition to the Casey-Reid amend- ly discussing problems and, in doing so overseas, the leadership of the House of ment. Over the past several days we helping to resolve them. Representatives, in their continuing have had the opportunity to publicly During this debate, a number of budget resolution that was defeated discuss and debate a number of serious amendments were offered that enabled yesterday, brazenly told the American flaws in the Trade Adjustment Assist- Senators to go on record regarding people we can no longer afford to come ance Program and its proposed expan- their trade priorities and core beliefs. to the aid of Americans in need. In- sion. Perhaps the most egregious as- For the first time in years, we were stead we are going to offset the costs of pect is voting to spend more taxpayer able to draw clear distinctions between rebuilding America by cutting a pro- dollars on an expanded domestic spend- rhetoric and action. Of course, there gram that Americans badly need. This is ‘‘Alice in Wonderland.’’ Are ing program of dubious value at the has been debate about the merits of the they asking the wealthy to pay their very same time our colleagues on the free-trade agreements themselves. fair share? No. Are they asking the oil supercommittee are scrutinizing every As I noted earlier, the President and and gas companies making record prof- penny of Federal spending in a bipar- many of my colleagues who purport to its quarter after quarter to sacrifice tisan effort to get our Federal deficit support these agreements made it clear their tax giveaways? No. Are they ask- under control. that in reality they only support the ing a sacrifice from those companies It makes me wonder whether this FTAs in exchange for something else. who get tax breaks for shipping Amer- body understands the gravity of the That something else turned out to be a ican jobs overseas? No. deficit we are facing. As a country, we demand for more spending. I am wor- That is wrong. We cannot ask these are simply spending more money than ried that going forward this pattern suffering people to sacrifice and refuse we have. If it continues we are going to will continue. I certainly hope not. As to ask those who have the most to con- be bankrupt. We will bankrupt our a nation we cannot afford to hold our tribute their fair share. country and leave behind a grim future international economic competitive- We can’t cut programs that are going for our children and grandchildren. ness hostage to unrelated demands for to create new jobs, that provide a basic We will hear many of my colleagues more spending or for a more liberal so- safety net for struggling families and talk about how important it is to spend cial agenda. seniors, while giving every break pos- this money, and I am sure a lot of them During the course of this debate, I sible to the very wealthiest among us. will feel good about their votes. But we have expressed concerns that the real It is unconscionable. It is not the all know the good feeling that comes cost of the TAA expansion bill is un- American way. from buying things we cannot afford is known. Recall that benefits under TAA I have been privileged to be in the fleeting while the debt accrued hangs are paid out on top of unemployment Senate representing our great State of like a dark cloud over our daily lives. insurance, which is supposed to take Vermont for 37 years. We have always We simply cannot afford to continue to care of those who are out of work. As dealt with disaster bills together. We spend money our country does not more and more people take advantage have worked across the aisle in the have. This is why I, for one, am voting of the program, and as the number of spirit of bipartisanship. Vermonters no. weeks of regular unemployment insur- have not asked why we help out with Despite my concerns, I am convinced ance contract, the cost of this entitle- an earthquake in California. We do it. that this amendment and bill will pass. ment program could spiral out of con- Vermonters don’t ask why we help out This spring, the President made it trol. So a number of amendments were in Louisiana or Texas or Virginia. We clear that if this domestic spending offered that would help constrain its do it. program was not expanded and ap- future growth so we do not end up

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.056 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5874 CONGRESSIONAL RECORD — SENATE September 22, 2011 sticking the American taxpayer with most 250,000 new jobs in this country, The PRESIDING OFFICER (Mrs. another out-of-control spending pro- or at least jobs. MCCASKILL). Without objection, it is so gram. My amendment simply called for ordered. Every single one of these amend- Presidential accountability. But even Mr. HATCH. I suggest the absence of ments was rejected by my colleagues Presidential accountability was re- a quorum. across the aisle. Their passion for jected by the other side. Once again, The PRESIDING OFFICER. The spending runs so deep that even an protrade rhetoric of the past several clerk will call the roll. amendment by my friend and col- months has been shown to be nothing The assistant legislative clerk pro- league, Senator KYL, which imple- but a facade. I will be voting against ceeded to call the roll. mented one of President Obama’s rec- the amendment to expand TAA, and if Mr. BAUCUS. Madam President, I ommendations to cut TAA funding for it is approved, I will vote against final ask unanimous consent that the order firms, was rejected. At a time when the passage of the bill. I simply cannot for the quorum call be rescinded. supercommittee is struggling to cut condone more spending on a program The PRESIDING OFFICER. Without spending in areas such as defense and with dubious value at a time when our objection, it is so ordered. health care, I find it astonishing that Nation is clearly broke. I remain hope- Mr. BAUCUS. I ask unanimous con- my colleagues cannot support elimi- ful President Obama will submit our sent the votes with respect to amend- nating a program that even President pending free-trade agreements to Con- ments and passage of H.R. 2832, the Obama agrees should be cut. That is a gress. If he does, and they are ap- GSP bill, occur at 4:30 p.m.; that all true rarity—that is, that President proved, I am confident President after the first vote be 10-minute votes; Obama agrees to any kind of a cut, not Obama and his team will drape them- that prior to the vote in relation to the that my colleagues will not support selves in the protrade flag and claim Cornyn amendment, there be 10 min- eliminating a program. That, we know, responsibility for moving these agree- utes equally divided, with remaining has happened around here for all of the ments forward. The fact of the matter provisions of the previous order re- 35 years I have been in the Senate. But is the authority to negotiate these maining in effect; finally, the amount even when President Obama, one of the agreements and the actual negotiation of additional time this agreement adds biggest spenders in the history of the of these agreements themselves is due for debate on the bill and amendments world, agrees that a program should be to the hard work of late nights of prior to the votes be equally divided cut, they will not even do that. President Bush and his team. This is between the two leaders or their des- My colleagues across the aisle also one instance where President Obama ignees. The PRESIDING OFFICER. Is there chose to reject an amendment to pro- can rightly place responsibility at the objection? vide their own President with the au- feet of his predecessor. The Chair hears none, and it is so or- thority to negotiate new trade agree- My Republican colleagues and I put ments. Can you believe that? We all dered. forward a number of amendments dur- Mr. BAUCUS. I suggest the absence know the authority to negotiate trade ing the week to constrain government agreements expired years ago. Since of a quorum. spending, open foreign markets for our The PRESIDING OFFICER. The then the United States has been sitting products, and hold the President ac- on the sidelines while other countries clerk will call the roll. countable for his rhetoric. Unfortu- The assistant legislative clerk pro- negotiate agreements all around the nately, every single one was defeated, world. Everyone knows if we are not in ceeded to call the roll. mostly along party lines. But we will Mr. ALEXANDER. Madam President, the game we do not even have a small not be deterred. We will continue to chance to win. Right now, the United I ask unanimous consent that the order fight against out-of-control govern- for the quorum call be rescinded. States is not in the game. ment spending. We will continue to While it is true that the President is The PRESIDING OFFICER. Without fight for Presidential authority to open in the process of negotiating an agree- objection, it is so ordered. foreign markets to U.S. exports. We ment to create a transpacific partner- EDUCATION REFORM will continue to fight for transparency ship, we all know that the chances of it Mr. ALEXANDER. Madam President, and accountability in our international actually succeeding are actually al- according to the Washington Post this trade policy. While we may not win the most nonexistent without trade pro- morning, the President and his Edu- battle today, I am confident we will motion authority. cation Secretary will announce tomor- While the protrade rhetoric sounds win in the end. row that the Department of Education good from the other side, when it Over the next year I plan to conduct will begin a process to grant waivers to comes down to concrete action, Presi- rigorous oversight of President States from the provisions of No Child dent Obama and his Democratic col- Obama’s trade policy. If these agree- Left Behind. No Child Left Behind, of leagues are absent once again. I am ments are eventually submitted and course, is a law that was passed with perhaps most disturbed by their rejec- approved, I will work hard to make bipartisan support in 2001 and 2002 by tion of my amendment which would sure they enter into force quickly. I Congress. We are in its ninth year of have made the expansion of this domes- also plan to conduct extensive and con- its implementation. tic spending program contingent upon tinued oversight of the operation of the It needs to be fixed, and Congress submission, approval, and signature of Trade Adjustment Assistance Program. needs to act to fix it. Republican Sen- our pending free-trade agreements with I am convinced it is a flawed program ators and Members of the House have Colombia, Panama, and South Korea. and that strong congressional over- already offered legislation that will This amendment simply held President sight will help expose those flaws. I begin to do that, which I will talk Obama accountable. will also work hard to make sure our about in a minute. But my purpose in The President said there would be no next President, whoever that may be, coming to the floor is to talk about the FTAs unless Congress passed TAA. The has the authority to negotiate strong waiver requests the Secretary of Edu- insinuation is that if Congress does trade agreements that tear down bar- cation may begin to approve. My re- pass TAA, the President will submit, riers to American exports. Over the quest of the Secretary and of the Presi- support, and sign all three FTAs. past several days many of my col- dent is that as they establish a waiver Yet, even today we do not know if leagues expressed interest in updating process and as they begin to approve that is the case. My understanding is this authority. I welcome that interest waivers, they show restraint and not the White House has given no indica- and want to express my sincere desire take unto themselves responsibilities tion they will actually submit these to work with them to immediately see that are the responsibilities of Con- agreements for a vote. That is truly pa- that trade promotion authority is re- gress. thetic. They are willing to spend more. newed. Our Nation and our workers The truth is, the Secretary has the They are willing to pass TAA so they cannot afford to wait. States over a barrel. We have about can spend more regardless of whether I ask unanimous consent that we di- 100,000 public schools in America, and they are sincere about doing these free- vide the quorum call I am about to sug- as he has correctly said, about 80 per- trade agreements that will provide al- gest equally between both sides. cent of them, under the current law,

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.057 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5875 are going to be deemed as failing States can figure that out through ideas from one another. This is what schools soon. their own systems. the Teacher Incentive Fund has done The President and the Secretary and All those are things we agree on, Re- for the last few years as a part of No we Republicans would like to take the publicans and Democrats. Where we Child Left Behind. I fully support that responsibility for determining which may disagree, and the reason we have program and hope we will continue giv- schools are succeeding or failing and not advanced ahead with bipartisan ing money to help school districts who put that back in the hands of the legislation on No Child Left Behind, is want to try different forms of perform- States. We would like to take the re- what I would call the difference be- ance-based pay. sponsibility for determining which tween Washington mandates and ap- But to require a student-teacher teachers are highly qualified and put proving State requests or one might evaluation in order to get a waiver that back in the hands of the States. even say, the difference between a na- from No Child Left Behind runs the That is a part of the legislation we in- tional school board and giving States risk of school districts all over the troduced last week. the responsibility for making their own country—100,000 schools—being super- Substantially, those ideas are ideas decisions. vised by a national school board. the President and the Secretary either Here is an example of what I mean. I have had very good conversations have advanced or agree with. So we There is agreement, as I said, that this with well-meaning superintendents and have a lot of agreement about this. But process called adequate yearly progress others in school districts who say: But the Secretary has the States over a for a lot of schools should not be de- Congress has to make us do it or we barrel. Most Governors want a waiver. cided here. We will read in the paper will not do it. I do not buy that. I do Almost every State, from Missouri to that such and such school is not suc- not think you can make schools better Tennessee to Georgia, will be asking ceeding or it is failing. It is a good idea from Washington, DC. We can create an for a waiver. for Tennessee or for Missouri or for environment in which they might suc- What I hope the Secretary will do is California to set performance targets ceed. Schools are similar to jobs. We to look at the applications, and if those to replace adequate yearly progress. have a national responsibility for applications submitted by the States But those performance targets ought them, but we cannot create them here. for exemption from the requirements to be in the States’ application and not We can create an environment to make of No Child Left Behind, if they would be required and defined by the U.S. De- it easier and cheaper to create jobs, enhance student achievement, then ap- partment of Education in Washington, private sector jobs. We can create an prove them. If they would not advance which could turn it into a national environment to make it easier to cre- student achievement, then deny them. school board. ate better schools. But the restraint I am asking for is A growth model, the idea of giving Then, the next thing someone would that the Secretary not use this occa- States and school districts credit for say is: There is no harm in just saying sion, when the States are over a barrel, making progress, sort of an A for ef- in a Federal law or in a requirement to become a national school board and fort, to go along with an A for achieve- for a waiver that we must have a growth model or we must have a per- begin to impose on the States those re- ment, that is a good idea. President formance standard or we must have a quirements that Congress would not do Bush, in his administration, began to teacher-principal evaluation program. through legislation and that States permit that exemption from No Child ought to be deciding for themselves. What is wrong with that? Left Behind. Here is what is wrong with it. That is This is the request of the States them- But superintendents ought not to be not the end of it. Because there is the selves. flying to Washington from Nashville habit then, every time I have seen it— The States have been working over and Denver and different parts of one time when we passed a law saying the last 10 years in very good ways to America and asking anybody in Wash- the Secretary of Education could not take steps forward together. They have ington to approve their growth model do it, of creating regulations to inter- created common standards. They have or even be required to have one if they pret what the Federal Government created tests to measure performance have some other way to decide whether means by growth models, performance against those standards. The chief schools are succeeding or failing. standards or teacher-principal evalua- State school officers are in the middle Let me take another example that I tion systems, a lot of well-meaning of creating an accountability system. have a very deep interest in. Teacher staff members and other people and A lot of progress has been made in and principal evaluation systems re- peer review groups then decided what a what I like to call the holy grail of ele- lated to student achievement. Ten- teacher-principal evaluation system re- mentary and secondary education: nessee became the first State in 1984 to lated to student achievement looks finding a way to reward outstanding pay teachers more for teaching well. like. That is going to be very hard to teaching by connecting it to student Up until then, not one State paid do since nobody knows what it looks achievement. This is something Ten- teachers one penny more for teaching like. That would be akin to telling peo- nessee became the first State in the well. In my office this morning were ple—requiring them to drive cars be- country to do when I was Governor in the two Principals of the Year from fore the car was invented. 1983 and 1984 and which many school Tennessee and three representatives of We have had several good experi- districts in many States are trying to the Tennessee Education Association. ments around the country that are do now. Four out of the five were voluntary identifying good teaching, rewarding So the difference of opinion I have, participants in our Master Teacher performance, relating it to student potentially, with this Secretary and Program or Career Ladder Program achievement and relating it to better this President on what to do about No and were telling me how grateful they pay. But it has been very hard to do. Child Left Behind may seem very were for that. No one is absolutely sure how to do it. small. Let me compliment the Presi- But let me tell you this, it was a con- The worst thing we could do at this dent and let me compliment the Sec- troversial and difficult effort. It was time with teacher and principal eval- retary in this way. They stuck their opposed massively by the National uations related to student achieve- necks out and have taken some posi- Education Association, whose members ment, even though I believe it is the tions to help make better schools that this morning were thanking me for the holy grail of school reform, is to im- are not popular with their natural con- program, because it is not easy to de- pose any version of it from Wash- stituents. termine, in a fair way, how to reward ington. I admire that. I respect that. They outstanding teaching, particularly if I am simply asking the President and have advocated a number of changes in we are going to relate it to student the Secretary to show restraint tomor- the schools; for example, getting rid of achievement and particularly if we are row. I have a lot of admiration for this the adequate yearly progress provision, going to relate it to performance pay. Secretary and respect for the Presi- moving out of Washington the respon- The best way to do that is to encour- dent’s positions on kindergarten sibility for deciding whether schools age States and encourage school dis- through the 12th grade education. are succeeding or failing; changing the tricts to try different ways of doing it Many of the ideas in the legislation ad- highly qualified teacher provision so and hope they succeed and borrow vanced by Republican Senators last

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.052 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5876 CONGRESSIONAL RECORD — SENATE September 22, 2011 week to fix No Child Left Behind were ciple, at least, on the Democratic The PRESIDING OFFICER (Mrs. suggested by Secretary Duncan. He has side—that we should allow school dis- HAGAN). Without objection, it is so or- gone out of his way to work with Re- tricts to transfer Federal funds more dered. publicans, as well as Democrats. He has easily to meet their needs and to con- Mr. LAUTENBERG. Madam Presi- been an energetic, able Secretary, and solidate Federal programs. dent, I ask unanimous consent to speak I support most of his ideas. We believe in empowering parents. In as in morning business for 10 minutes. For example, he supported the idea— my office this morning, one of the The PRESIDING OFFICER. Without we agreed to it, Democrats and Repub- State Principals of the Year from Ten- objection, it is so ordered. licans, Senate and House—that instead nessee was from Powell Middle School DISASTER RELIEF of reauthorizing this big law, we would in Knoxville. Their enrollment is up Mr. LAUTENBERG. Madam Presi- fix it. Then we identified nine areas we this year, from 920 to 1,060, because dent, we find ourselves in a peculiar tried to fix. The Secretary was com- parents were choosing to take their condition. We must have the people fortable with that, and so were Demo- children out of schools that weren’t across this country scratching their cratic colleagues and Republican Sen- succeeding, and they were permitted to heads and wondering: What are those ators. We set a new, realistic, chal- transfer them to another school—in guys doing? We know the American lenging goal to help all students suc- this case, the Powell Middle School, people do not think much of us as it is, ceed. We agree on that: Instead of a where they could succeed. but they are surely going to think less goal that would require 80 percent That is my request of a Secretary I of us when they see what is happening. schools to be labeled as failing, we will admire and a President whose K–12 We have a tradition in our country have a new goal that says students will education policies I respect: Please that when disaster strikes, we respond. be college and career ready when they show restraint. Just because you have Americans pull together and help each graduate from high school. every State over a barrel, doesn’t mean other. We saw that happening in the We agreed we should free 95 percent you should be tempted to use this op- aftermath of Hurricane Irene, which of schools from the Federal require- portunity to become a national school devastated New Jersey and other ment of conforming to a federally de- board. Step back, look at the applica- States along the east coast, and other fined adequate yearly progress man- tions for waivers. If they enhance stu- natural disasters hitting our country across its breadth—forest fires in one date. What that simply means is, in- dent achievement, say yes; if they State, water shortages in another, and stead of Washington deciding whether don’t, say no. a school in Nashville is succeeding or Then one last point. Someone might other problems in others. There isn’t a failing, that decision will be made by say, and they’d be exactly right, that State in this country that hasn’t felt the wrath of a storm or the difficulty the State of Tennessee. The State of the real reason the Secretary is grant- that nature presents. But the one thing Tennessee will be able to do it a lot ing waivers is because Congress hasn’t we don’t see is the spirit of coopera- better today than it could in 2001, be- done its job. We’re in our ninth year of tion. It certainly doesn’t extend to cause since then we have had common No Child Left Behind and we should some of our colleagues. standards adopted by 44 States—tests have fixed it 4 years ago when the law I look at the House disaster relief of those standards adopted by about expired. It has just continued, accord- proposal, and one thing is for sure: It is the same number. We have chief state ing to the provisions of the original totally inadequate. Madam President, school officers agreeing on the prin- law. We have substantial agreement in this is an emergency, and it is just ciples of accountability systems—these the Senate, except for these account- plain heartless for our colleagues to are the performance targets, growth ability provisions, these differences turn their backs on families who are models, and other such things. In the over whether we are creating a na- struggling to rebuild their shattered case of Tennessee, they won the Race tional school board. We should come to lives. I don’t know what they are to the Top competition, which I also a conclusion about this. We should get thinking because we know difficulties support. a result. We shouldn’t create a situa- have struck all 50 of our States at one The third thing is that the Federal tion where every Governor has to come time or another, a lot fairly recently. Government will help States fix the to Washington to get a waiver from Yet these people are saying: No, we are bottom 5 percent of their schools—that standards that don’t work anymore. not going to give you enough money to is 4,500 schools picked by the States. That is our job. The Secretary has the deal with the emergencies that we The Secretary agrees with that, and we power to grant waivers, but he should have. Republicans agree, and I believe our do it in a limited way and Congress I hope the people who are in their Democratic colleagues agree. should get to work fixing No Child Left districts or in their States look at We agree on requiring States to have Behind so there is no need for waivers. their representatives and say: Hey, high standards that promote college I call on our Democratic colleagues, wait a second. We have problems here. and career readiness for all students. with whom we have met dozens of And these people who are so negatively We agree on encouraging the creation times, to redouble our joint effort to disposed are raising havoc within the of State and school district teacher and get a result. families of their own States or their principal evaluation systems to replace This is not a case where we don’t own districts. They are just turning Federal highly qualified teacher re- want President Obama to succeed, as their backs on them. quirements. But for us that means al- some have suggested. We want him to The early estimates suggest that lowing States—if they choose to do it— succeed, because if the President suc- Hurricane Irene could become 1 of the to use title II money to pay for it. We ceeds on K–12 education, the country 10 costliest storms in American his- are not going to require it or define it. succeeds. We substantially agree on tory, with damages that could exceed We are going to let it flourish. how we need to fix No Child Left Be- $10 billion. This violent storm produced We believe in continuing the nec- hind. We still have a few differences of some of the worst flooding in a cen- essary reporting requirements. This opinion. The Secretary’s regulatory ac- tury, destroying homes and displacing may be the greatest contribution of No tion should not do what the Congress countless families. Child Left Behind since 2002. It requires ought to be doing. I respectfully sug- In my State of New Jersey alone, 11 reports on how schools are doing by gest that he should show restraint and lives were lost, people were turned out subgroup, not on the average. So we we should get to work. of their houses. In many cases, as I saw can find out if African-American chil- I yield the floor and suggest the ab- them—as President Obama saw them dren or Hispanic children are doing as sence of a quorum. when he came to my State—they can’t well as other children. We have this The PRESIDING OFFICER. The go back to those houses. They cer- great volume of information now from clerk will call the roll. tainly, for the most part—those who school districts all over the State, so The bill clerk proceeded to call the had to evacuate their homes and put that we have, in effect, better report roll. their furniture out on the front lawn— cards. Mr. LAUTENBERG. Madam Presi- their furniture is unusable even if they We believe on the Republican side— dent, I ask unanimous consent that the can get in their houses. So life has a and I think there is agreement, in prin- order for the quorum call be rescinded. grim picture for these people.

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.053 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5877 The President came to New Jersey to A lot of our colleagues stood up to The House Republicans failed to pro- see for himself the destruction that the assignment and said: OK, I don’t vide funding for farmers, economic de- Hurricane Irene caused. I joined him on necessarily agree, but I agree concep- velopment, or long-term support for a tour of the city of Paterson, NJ. It is tually. Therefore, I will agree to make local communities to rebuild. That is my hometown. I was born there. It was $7 billion in funding available to help what you do when you have a crisis or one of the cities hardest hit by flood- victims of Hurricane Irene as well as a natural disaster, and there can’t be ing. We have a picture. It has lots of victims of the recent tornadoes and any debate about the help that is re- pretty colors, but it is a disastrous por- wildfires. Our bill provides funding to quired in all 50 States. It requires bi- trayal—water all over the place, a get us through the end of the month partisan support because we can’t get bridge just about underwater. We wit- because the fiscal year ends at the end it done with only one party. nessed unforgettable images—streets of September—just a few days away— Every State has experienced a dis- and sidewalks covered in mud, and in and to support emergency needs when aster in recent years. This year alone, some houses the second floors were the next fiscal year begins in October. Federal disasters have been declared in covered in mud as well. Last week, 10 Republicans had the 48 States. FEMA is working in every But Paterson is not alone. This pic- guts to stand up and say: I don’t care one of those States to help commu- ture shows the damage in Bound that it is the Democrats who are pro- nities rebuild and recover—if they have Brook, NJ. Here we see, again, flooded posing this; I care about the people it the resources. If they don’t, they will roadways. By the way, my State of is going to serve. They stood up and not be on the job and people will con- New Jersey happens to be the most voted with us. It took courage. They tinue to suffer. So if the House Repub- densely populated State in the coun- stood up for their constituents and peo- licans get their way, every State is on try. We have 9 million people living in ple across the country who are trying the verge of disaster. a very small area. So when something to rebuild their lives. This was a coura- Incredibly, the House proposal pays like this hits, it hits a lot of people in geous vote for them, and it shows there for disaster relief by taking money a hurry. is bipartisan support for the Senate from advanced technological develop- In Cranford, NJ, this material we see disaster relief bill. ment that will help our automobile in- here you might call trash, but the peo- In contrast, the House Republicans dustry, for instance, and create jobs. In ple who lived here didn’t call it trash. couldn’t even get enough support from the Senate, we have to reject this mis- These were their possessions. These their own party to pass their measly guided approach. We have to say no were the things their kids slept on proposal last night. It is time for them way. We are not going to rob Peter to night after night, or tables they ate to embrace the Senate plan on disaster pay Paul. They simply want to rob from every day. Trash. These people relief and stop using disaster victims Peter and Paul—that is what they across the Capitol—people on the other as political pawns. want to do—of assistance and help. Who are they going to hurt? Are they side in the House of Representatives— We should ask why it was acceptable going to hurt President Obama? Are they say: Oh, too bad. First of all, we to provide more than $800 million to in- they going to hurt Democrats who are will have to go find the money if we are vade and then rebuild Iraq without in office? No. The pain goes to the ordi- going to do anything; and, secondly, we paying for it, no questions asked. Ask nary people who work for a living and are just not going to give enough the families who made sacrifices in money to deal with the problem. take care of their families and those that war how they felt about it. We We have a city called Boonton, NJ. proud Americans serving in our mili- turn our back on it. That is what we People are unable to get what they tary. Those are the people to whom have done. But when the time comes to need. There was a bridge there before. they are saying no. It is gone. How do they get across It is too bad. It is too bad. A lot of rebuild America, some Republicans town? Well, maybe they just don’t. these people are veterans and have want to hold the money hostage until With Hurricane Irene we witnessed come back from dangerous duty. They painful spending cuts are inflicted else- nature’s power to destroy, and now it is go home, their unemployment rate is where. time to see the Federal Government high, and very often they are rebuild- They are gunning for the President of step up; get in there to repair, rebuild, ing their lives. If they have a home, a the United States. They think they are restore, and give people encourage- domicile, in these areas, they say we going to be able to smash President ment. When the President of the can’t help them. Obama’s accomplishments: getting a United States stood before the people The House Republicans’ halfhearted couple million people to work, the 1 packages that got the decline stopped in New Jersey, I saw them weep when approach offers little more than $3 ⁄2 they held his hand. They wept not be- billion in disaster relief. That sounds where it was and started to turn cause it was a sad picture for the Presi- like a lot of money, but it is not even around. dent, but because it was a sad picture close to being enough. It is going to We have to remember something. I for their lives. They are thinking about leave our residents, our States, our cit- was once the senior Democratic mem- their own kids and their own lives, and ies and towns out in the cold at a time ber on the Budget Committee, so I seeing the President was a sign of re- when they desperately need help. know about balancing budgets. But lief. They were thinking: The President In addition to shortchanging FEMA, when these reckless tax cuts came up of the United States is here. He is the House provides zero funding for for the wealthy and cost $700 billion going to make sure we get help in a many of the programs that are needed over 10 years, they were approved with- hurry. to help us recover. Our Senate bill in- out being paid for. It is pretty clear, But our Republican friends on the cludes funding for the community de- when it comes to giving big tax breaks other side, they say: No hurry. No velopment block grants—a very impor- to millionaires and billionaires, the hurry. I hope the people in these tant program. It gives communities wealthy among us—and I say this with- States, the people in these districts, money and the latitude to deal with out meaning to boast. I ran a very good will record these moments. We will re- the problems that face them. It pro- company, a company I helped start mind them about it. vides our communities with long-term with two other fellows that now em- Even before this hurricane struck, support and Economic Development ploys 45,000 people, where there were FEMA’s primary source of funding for Administration grants to help busi- three of us, and I, with my education cleanup and recovery—the Disaster Re- nesses grow again—to hire people and being paid for by the government be- lief Fund—was already on life support. to produce product. It also includes cause I served in the Army for 3 years They didn’t have enough money to do funding for the Department of Agri- and I got the G.I. bill. their job. The fund was depleted by re- culture to help farmers and residents So I will tell you this—and I will tell cent tornadoes, flooding that wreaked in rural areas to recover. It is the kind this to all my colleagues and I hope havoc across the Midwest and South, of help we offered in 2008 and 2010 when they hear me. I think it is time for peo- and wildfires that ranged across the hurricanes and heavy rains caused de- ple like me who have made money to South and the West. So here in the struction in States such as Texas and pay something back, to give strength Senate we passed a bill, and it wasn’t Kentucky, Tennessee and Indiana, and to our country, and not argue about easy. it is what we have to do again. whether they pay enough tax. They

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.054 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5878 CONGRESSIONAL RECORD — SENATE September 22, 2011 don’t pay enough tax. Warren Buffet munities, our families, and our econ- is doing, either because they are cheat- says they don’t pay enough. They lis- omy safe. ing on currency or not playing by the ten to him, that they don’t pay enough I yield the floor, and I note the ab- rules—as we know they have not in tax. It doesn’t hurt those of us who sence of a quorum. many instances. I have a table here have been successful the least bit to The PRESIDING OFFICER. The that indicates that in fiscal year 2012, pay a few more percent in taxes. We clerk will call the roll. when you look at the estimated num- can feel good about it. Look in the mir- The bill clerk proceeded to call the ber of workers certified under trade ad- ror after we have put something in of roll. justment, whether they are import-re- value that our country needs, that Mr. RUBIO. Madam President, I ask lated certifications or whether they are strengthens the working class of people unanimous consent that the order for all other certifications, you add it up that tells them: Listen, we have gotten the quorum call be rescinded. and there are more than 287,000 people The PRESIDING OFFICER. Without our share, and now it is our responsi- who are impacted. A lot of those are objection, it is so ordered. bility to give back some part of that impacted by way of unfair trade from AMENDMENT NO. 651 share. China. Under the previous order, the ques- It is pretty clear; when it comes to The PRESIDING OFFICER. The time tion occurs on amendment No. 651, of- giving big tax breaks to millionaires of the Senator has expired. fered by the Senator from Florida, Mr. and billionaires, the Republicans don’t Mr. CASEY. I ask for the yeas and RUBIO. There will be 2 minutes of de- give a second thought as to how much nays. bate equally divided prior to the vote. they cost. But to our country’s disaster Mr. RUBIO. Madam President, I will The PRESIDING OFFICER. Is there a victims, they have to go to the back of be brief. sufficient second? There appears to be the line and wait their turn. The amendment is simple and a sufficient second. When disaster strikes, victims don’t straightforward. It just returns the The question is on agreeing to the want us to reach for the budget ax. TAA Program back to its original in- amendment. They want us to extend that helping tent. It was designed to help workers The clerk will call the roll. hand that gets their lives back started who were displaced from their jobs or The bill clerk called the roll. again. The fact is, disaster victims lost their jobs as a result of trade prac- Mr. KYL. The following Senators are have enough to worry about. In many tices, primarily as a result of free- necessarily absent: the Senator from years, people’s lives have seen mo- trade agreements between the United Tennessee (Mr. CORKER), the Senator ments of jeopardy and difficulty, and States and other countries. It is one of from Kentucky (Mr. PAUL), the Senator they fully gave what they had to help the reasons why, I believe, the major- from Wyoming (Mr. BARRASSO), and the their country, feeling all the time that ity has brought this issue before us be- Senator from Wyoming (Mr. ENZI). the government is going to stand be- fore proceeding to the free-trade agree- Further, if present and voting, the hind them. ments with South Korea, with Panama, Senator from Tennessee (Mr. CORKER) That is what this country of ours is and with Colombia. What this does is it would have voted ‘‘yea.’’ about, this democracy. The Constitu- returns it back to that. It clearly rec- The PRESIDING OFFICER. Are there tion demands that we improve the lives ognizes there are workers who have any other Senators in the Chamber de- of our citizens; that we give them been hurt by unfair trade practices un- siring to vote? rights, we give them support, we give related to trade agreements, whether it The result was announced—yeas 34, them a view of life. is what China does or other nations do, nays 62, as follows: House Republicans want to turn their and those things need to be dealt with, [Rollcall Vote No. 146 Leg.] backs on storm victims. A lot of them but they need to be dealt with sepa- are new here. They ought to enjoy YEAS—34 rately. Alexander Hatch McCain these terms because they may not have This program was originally designed another one when the public finds out Ayotte Heller McConnell to help workers who were harmed in Blunt Hoeven Moran what they are doing, turning their the short term. That is why it is called Boozman Hutchison Murkowski Burr Inhofe backs on storm victims, local commu- adjustment. These are workers who are Risch nities, regional economies, and farm- Chambliss Isakson Roberts trying to adjust as a result of some dis- Coats Johanns ers. Their proposal will cost us jobs, Rubio ruptions that may have occurred as a Coburn Johnson (WI) Thune Cochran Kirk and I hope their jobs will be included in Toomey result of a trade agreement. Cornyn Kyl it when it comes time next year to Vitter I think what we can take solace in Crapo Lee vote. knowing is that the best thing you can DeMint Lugar I appeal to my Republican col- do for a worker who has lost his job is NAYS—62 leagues, stand—stand for those who to get him a job. Ultimately, that is Akaka Grassley Portman live in your States, including our what free-trade agreements do. They neighbors, including the States’ chil- Baucus Hagan Pryor create jobs in America, as the White Begich Harkin Reed dren, including the States’ families. House has recognized. Bennet Inouye Reid Remember this, Republican Senators, My hope is that we will proceed Bingaman Johnson (SD) Rockefeller Republican House Members. We rep- Blumenthal Kerry Sanders quickly to the passage of the three Boxer Klobuchar resent people across political lines, Schumer free-trade agreements, and again I urge Brown (MA) Kohl Sessions Brown (OH) Landrieu across religious lines, across all dif- the White House to submit those and Shaheen Cantwell Lautenberg ferent lines, and our obligation is to Shelby that this body take them up as soon as Cardin Leahy take care of those people when they possible. Carper Levin Snowe need help; to give them some support, I yield the floor. Casey Lieberman Stabenow to give them some hope, to give them The PRESIDING OFFICER. The Sen- Collins Manchin Tester Udall (CO) some vision. ator from Pennsylvania. Conrad McCaskill Coons Menendez Udall (NM) That is what we are supposed to be Mr. CASEY. Madam President, the Durbin Merkley Warner doing. We are supposed to be encour- conflict here with regard to the amend- Feinstein Mikulski Webb aging our citizens, our constituents, ment that has been proposed is that on Franken Murray Whitehouse and not simply turning our back. What Gillibrand Nelson (NE) Wicker our side of this debate, we think this Graham Nelson (FL) Wyden we ought to have is a camera in here should be a broad array of help for that shows every time people vote no workers. If a worker loses his or her NOT VOTING—4 on issues and make sure it is clearly job and we can provide eligibility for Barrasso Enzi understood when people turn their trade adjustment assistance, we Corker Paul backs on their fellow citizens. shouldn’t limit that just to the 17 The PRESIDING OFFICER. On this We face serious fiscal challenges in countries with which we have a trade vote, the yeas are 34, the nays 62. our country, but we cannot put a price agreement. Under the previous order requiring 60 on human life. Nothing—nothing is Say if we have a problem with mas- votes for the adoption of this amend- more important than keeping our com- sive job loss as a result of what China ment, the amendment is rejected.

VerDate Mar 15 2010 00:58 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.055 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5879 AMENDMENT NO. 650 The PRESIDING OFFICER. Is there a The upgrades include state-of-the-art The PRESIDING OFFICER. Under sufficient second? avionics and weaponry such as tar- the previous order, the question occurs There is a sufficient second. geting systems, AIM–9X air-to-air mis- on amendment No. 650, offered by the The question is on agreeing to the siles and precision guided munitions. Senator from South Dakota, Mr. amendment. The deal also includes the active THUNE. There will be 2 minutes of de- The clerk will call the roll. electronically scanned array radars bate equally divided. The assistant legislative clerk called that, according to Taiwan’s Defense The Senator from South Dakota. the roll. Ministry, will allow its planes to detect Mr. THUNE. Madam President, my Mr. KYL. The following Senators are China’s new J–20 stealth aircraft. amendment simply requires a study by necessarily absent: the Senator from The package also includes pilot the International Trade Commission Wyoming (Mr. BARRASSO), the Senator training and spare parts for Taiwan’s when a trade agreement has been from Tennessee (Mr. CORKER), the Sen- F–5 jets and C–130 transport planes. signed but the implementing legisla- ator from Wyoming (Mr. ENZI), and the It will significantly improve Tai- tion has not been taken up by Congress Senator from Kentucky (Mr. PAUL). wan’s self-defense capabilities without within 2 years. The study will examine Further, if present and voting, the increasing cross-strait tensions. the impact of lost export opportunities, Senator from Tennessee (Mr. CORKER) As we all know, Taiwan has asked the impact on U.S. jobs, and the im- would have voted ‘‘yea.’’ the administration to accept a letter of pact on and the protection of U.S. in- The PRESIDING OFFICER. Are there request to sell 66 of the newer F–16 C/ tellectual property resulting from the any other Senators in the Chamber de- Ds. delay. siring to vote? Those who support the sale of new F– Today we have anecdotal evidence, The result was announced—yeas 44, 16s to Taiwan were clearly dis- but there isn’t a comprehensive gov- nays 52, as follows: appointed by the decision to move for- ernment report on what delay means [Rollcall Vote No. 147 Leg.] ward with only upgrades to Taiwan’s for U.S. businesses in our economy. I YEAS—44 existing fleet. wish we did not need this amendment, Alexander Grassley McConnell Senator CORNYN described the deci- but we have seen with the Korea, with Ayotte Hatch Moran sion as a ‘‘capitulation to Communist Blunt Heller the Colombia, and with the Panama Murkowski China’’ and a ‘‘slap in the face to agreements we cannot assume an Boozman Hoeven Portman Brown (MA) Hutchison strong ally and longtime friend.’’ agreement will be implemented swiftly Risch Burr Inhofe Roberts Nothing could be further from the after it is signed. Chambliss Isakson Rubio truth. This amendment is not about casting Coats Johanns Sessions Coburn Johnson (WI) First, let’s be clear: The administra- blame. The study will apply to trade Shelby Cochran Kirk tion has deferred the decision on the Snowe agreements whether negotiated by a Collins Kyl Thune sale of new F–16s to Taiwan, it has not Democratic or a Republican President. Cornyn Lee Toomey rejected it outright. It is not about the past. It is just the Crapo Lieberman DeMint Lugar Vitter It has acted in a manner consistent fact that Congress deserves better in- Graham McCain Wicker with the previous administration that formation about the impact when we NAYS—52 also refused to accept Taiwan’s request delay these trade agreements. This for new F–16s. does not affect TAA, it does not affect Akaka Hagan Nelson (FL) Baucus Harkin Pryor Let me remind my colleagues that the underlying bill, and it does not af- Begich Inouye Reed under the Obama administration, total fect passage in the House. It is a com- Bennet Johnson (SD) Reid arms sales to Taiwan have totaled Bingaman Kerry monsense amendment. Rockefeller $12.25 billion, more than double the I hope my colleagues will support it. Blumenthal Klobuchar Sanders Boxer Kohl amount sold during President George The PRESIDING OFFICER (Mr. Schumer Brown (OH) Landrieu Shaheen W. Bush’s first term. FRANKEN). The Senator from Oregon. Cantwell Lautenberg Stabenow Cardin Leahy It is clear these attacks are more Mr. WYDEN. Mr. President, I rise in Tester Carper Levin about politics than the security and opposition to this amendment. Our ex- Udall (CO) Casey Manchin self-defense capability of Taiwan. porters face major challenges in global Udall (NM) Conrad McCaskill Next, let’s look at the arms sales markets. We are faced with surging im- Coons Menendez Warner ports from China. China has a regime Durbin Merkley Webb package itself. Whitehouse in place that is cheating American Feinstein Mikulski The decision to upgrade Taiwan’s ex- Franken Murray Wyden isting fleet of F–16 A/Bs will provide innovators and forcing them to share Gillibrand Nelson (NE) their intellectual property. many of the same capabilities as the NOT VOTING—4 Instead of dedicating the scarce re- new F–16 C/Ds. sources of the International Trade Barrasso Enzi According to the Pentagon, with a Corker Paul Commission to look into these issues robust retrofit the F–16 A/B and F–16 C/ and to identify other foreign trade bar- The PRESIDING OFFICER. On this D are comparable aircrafts. The up- riers that impede our exporters, we vote, the yeas are 44, the nays are 52. graded F–16 A/Bs will have active elec- would essentially task the Inter- Under the previous order requiring 60 tronically scanned array, AESA, ra- national Trade Commission to tell us votes for the adoption of this amend- dars, equal to the new F–16s; embedded what we already know. ment, the amendment is rejected. global positioning system inertial For example, we know that in the AMENDMENT NO. 634 navigation systems, equal to the new case of the pending agreements, we had There is now 10 minutes of debate F–16s; ALQ–213 warfare management an opportunity to get a better deal for prior to a vote in relation to amend- systems, equal to the new F–16s; night our companies that export automobiles ment No. 634 offered by the Senator vision goggles, equal to the new F–16s; and to promote human rights in Co- from Texas, Mr. CORNYN. AIM–9X Sidewinder missiles, equal to lombia by reducing violence. The Senator from Texas. the new F–16s; sensor fused weapons We are on the precipice of consid- Mrs. FEINSTEIN. Mr. President, I and laser guided bombs, equal to the ering these agreements. Let’s not turn rise today to express my opposition to new F–16s. back the clock. Instead of using scarce the Cornyn amendment that would And the list goes on. resources to have an armchair debate force the administration to sell new F– According to Mark Stokes of the about what we already know, let’s 16s to Taiwan. Project 2049 Institute and a former dedicate the resources of this agency to Yesterday, the administration an- Pentagon China expert, the radar ‘‘of- help workers and businesses. nounced details of a $5.8 billion arms fers a significant capability that would I yield the floor. package to Taiwan. be able to maintain Taiwan’s quali- The PRESIDING OFFICER. The Sen- The central element of this package tative advantage’’ over China. ator’s time has expired. is the decision to support a substantial Michael Pillsbury, a current Pen- Mr. THUNE. Mr. President, I ask for upgrade to Taiwan’s existing fleet of tagon consultant on China, argued that the yeas and nays. 145 F–16 A/Bs. the A/B upgrades could be perceived as

VerDate Mar 15 2010 02:09 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.060 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5880 CONGRESSIONAL RECORD — SENATE September 22, 2011 providing Taiwan with more capabili- fense capabilities and still enhance this Mr. CORNYN. I would like to offer a ties than the C/Ds. ongoing cooperation and dialogue. bipartisan proposition to my col- Supporters of this amendment will Selling the new F–16’s to Taiwan leagues here in the nature of this argue in favor of both upgrades and would only serve to undermine the amendment. The reason I say this idea new planes, as requested by Taiwan. progress we have made with China this enjoys bipartisan support is 47 Sen- Allow me to repeat: The administra- year. ators, Democrats and Republicans, tion has not formally rejected the sale Military escalation between Taiwan have joined in a letter to the adminis- of new F–16s. It is still under active and China, which the sale of the F–16 C/ tration asking that the administration consideration. D variant would be construed as, is not grant a sale of F–16C/D models to our Clearly, the decision to upgrade the in the best interests of the United ally Taiwan. F–16 A/Bs does not prevent the admin- States. This amendment would compel that istration from later selling Taiwan the Finally, let me discuss how this sale because unfortunately the admin- newer planes. amendment is being proposed. istration declined to make that sale Regardless of timing, we have to con- Simply put, a trade bill to renew the yesterday, notwithstanding the fact sider carefully what impact the sale of Generalized System of Preferences and that the Taiwan Relations Act signed new F–16s to Taiwan would have on the Trade Adjustment Assistance Pro- by Jimmy Carter and passed by a bi- cross-straits relations. gram is not the proper vehicle for a partisan Congress requires the United In May 2010, I had the pleasure of vis- sensitive foreign policy debate. States to provide Taiwan with defense iting China and Taiwan for a series of The administration and most of my articles necessary to enable Taiwan to meetings with Senators MARK UDALL colleagues on this side of the aisle have maintain sufficient self-defense capa- and KAY HAGAN. made it clear that we must renew trade bilities. We had full and rewarding discus- adjustment assistance before we con- They have lost that capability, as sions on a range of issues, including cy- sider the trade agreements. demonstrated by this chart taken from bersecurity, energy, trade, and cross- If this amendment passes, it will Defense Department records. Cur- strait relations. threaten the chances of passing trade rently, the People’s Republic of China One bright story in the region, I be- adjustment assistance in the House has about 2,300 operational combat air- lieve, is that of Taiwan and its rela- and, ultimately, consideration of the craft to Taiwan’s 490. Taiwan, by com- tionship with the mainland. three outstanding free trade agree- parison, has 490 operational aircraft, of The reports we received on our visit ments with South Korea, Panama and which about 100 need to be retired, were encouraging. Colombia. French Mirage aircraft, F–5 aircraft. The three direct lines—air service, If we are to have this debate, it About 100 of them need to be retired sea service and postal service—are all should be during consideration of the because they are literally obsolete. in place. Defense authorization bill. What this amendment would do The number of flights between Bei- I urge my colleagues to oppose the would be to compel the sale of 66 F–16C/ jing and Taiwan has reached 270 per Cornyn amendment. D models to our friends in Taiwan. week, and I understand they are Mrs. BOXER. Mr. President, I rise Why is this important? Well, the De- packed to the brim. today to speak on the amendment of- partment of Defense reports that Chi- There is also substantial Taiwanese fered by Senator CORNYN regarding the na’s military power is in an increas- in China today. sale of F–16C/D fighter aircraft to Tai- ingly precarious situation for the re- Taiwan President Ma Ying-jeou told wan. gion and that China seeks the capa- us he was thrilled that negotiations Let me begin by reiterating that I bility both to deter Taiwan independ- were successful on an Economic am a strong supporter of Taiwan’s ence and influence Taiwan to settle the Framework Agreement, known as right to self-defense. That is why I am dispute between them on China’s ECFA, which he subsequently signed proud to support the proposed arms terms. This amendment would compel that and was ratified by Taiwan’s legisla- sale package to Taiwan that the sale. My colleague from Massachusetts ture. Obama administration transmitted to argued earlier that the retrofit of 145 of On the 1-year anniversary of its pas- Congress just yesterday. the F–16A/B models, which Taiwan has, sage, Taiwanese officials announced This package would provide an esti- which the United States sold, is an ade- that agricultural exports to China cov- mated $5.85 billion in arms sales to Tai- quate substitute. It is not. All that will ered by the agreement jumped 262 per- wan, including a significant advanced do is help upgrade 145 of these aircraft technology upgrade to 145 F–16A/B air- cent—to $69.31 million—in the first 7 that I identified earlier. It will not craft that are currently part of Tai- months of 2011 compared to the same meet the need created by the retire- wan’s air defense fleet. period in 2010. ment of the obsolete French Mirages But what I cannot support is the Overall, Taiwanese exports to the and the F–5. mainland in the first half of 2011 to- process by which Senator CORNYN is I reserve the remainder of my time. taled $61.56 billion, up 10.53 percent seeking to require the sale of addi- The PRESIDING OFFICER. The Sen- from the year before. tional F–16C/D aircraft to Taiwan. ator from Massachusetts. Follow-on talks have recently begun Instead of mandating this sale on a Mr. KERRY. Mr. President, I think between both sides which will focus on trade adjustment bill, I would like Con- all of us agree with the intent and the the trade in goods and services and dis- gress to continue to work with the direction the Senator from Texas pute resolution. Obama administration to determine wants to go here with respect to our With the momentum generated by how to best meet our obligations under friendship and our support of Taiwan. the agreement, I believe China and Tai- the Taiwan Relations Act to ‘‘make In the 26 years I have been here, I have wan should begin to address the secu- available to Taiwan such defense arti- never not supported doing what is nec- rity situation across the strait. cles and defense services in such quan- essary to live up to the Taiwan Rela- It is my strong belief that China tity as may be necessary to enable Tai- tions Act. But the Senator is reaching should begin to reduce its more than wan to maintain a sufficient self-de- way beyond what we have ever done in 1,000 ballistic missiles deployed along fense capability.’’ the Senate, which is to compel a single its coast. A defeat of the Cornyn amendment weapons systems sale by the President I deeply believe that enhanced eco- does not take the potential sale of F– with respect to a complex relationship nomic cooperation and constructive 16C/D aircraft to Taiwan off the table. such as China-Taiwan and the entire dialogue will move China and Taiwan In fact, the administration has stated presence of the United States in the away from military confrontation to a that it is still considering the possi- areas of the straits and in that region. clear path of resolving differences dip- bility of F–16C/D sales to Taiwan. We have never done that. lomatically. I am confident that the United Moreover, the President of Taiwan In my view, the arms sales package States will continue to help ensure has said it is entirely adequate. He for Taiwan announced by the adminis- Taiwan’s security and stability long feels they will have the defensive ca- tration will improve Taiwan’s self-de- into the 21st century. pacity necessary under the TRA in

VerDate Mar 15 2010 02:09 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.063 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5881 order to be able to defend themselves French Mirage aircraft and the F–5s, The legislative clerk called the roll. at the current level with the upgrade given the disparity of air power be- Mr. KYL. The following Senators are we are providing. tween China and Taiwan. necessarily absent: the Senator from Let me point out that under Presi- Because we are all concerned about Tennessee (Mr. CORKER), the Senator dent Bush, over 8 years, we provided $12 jobs, let me remind my colleagues that from Wyoming (Mr. BARRASSO), the billion to Taiwan—over 8 years. In 3 32 different States will receive benefits Senator from Wyoming (Mr. ENZI), and years of the Obama administration, he by way of jobs as a result of these the Senator from Kentucky (Mr. PAUL). has provided about $12 billion—3 years. sales. This isn’t the primary reason Further, if present and voting, the So there was $15 billion by Bush over 8 why this is important. This is about Senator from Tennessee (Mr. CORKER) years, $12 billion by Obama over 3 American prestige, keeping our prom- would have voted ‘‘yea.’’ years. ises, and not letting the bullies of the The PRESIDING OFFICER. Are there The upgrade that is being provided— world, including China, intimidate the any other Senators in the Chamber de- $6 billion worth of upgrade, sales of United States; and it is about keeping siring to vote? weapons—includes state-of-the-art avi- solemn commitments to our allies. The result was announced—yeas 48, onics and weaponry, including the Ac- I ask my colleagues to vote yes, and nays 48, as follows: tive Electronically Scanned Array Ra- I ask for the yeas and nays. [Rollcall Vote No. 148 Leg.] dars, targeting systems, Aim-9X air-to- The PRESIDING OFFICER. Is there a YEAS—48 air missiles, and precision-guided mu- sufficient second? Alexander Grassley McConnell nitions. Those airplanes, those 145 F– There is a sufficient second. Ayotte Hatch Menendez Blumenthal Heller Moran 16s, will have state-of-the-art capacity The yeas and nays were ordered. Blunt Hoeven Murkowski at the highest level of any F–16 that we Mr. KERRY. Mr. President, how Boozman Hutchison Nelson (FL) are allowed to sell to any country in much time do I have? Brown (MA) Inhofe Portman the world. The PRESIDING OFFICER. The Sen- Burr Isakson Risch Chambliss Johanns Roberts Moreover, the administration has ator has 1 minute 24 seconds. Coats Johnson (WI) Rubio made it absolutely clear that this does Mr. KERRY. Let me say, very quick- Coburn Kirk Sessions not preclude the sale of F–16s maybe in ly, that the sale of weapons measured Cochran Kyl Shelby against the policy decisions in a set of Collins Lee Snowe the next months, maybe in the next Cornyn Lieberman Thune year, but that ought to be done by any relationships that are critical to the Crapo Lugar Toomey administration, Republican or Demo- balance of power and the threat and DeMint Manchin Vitter cratic, in an orderly way as a matter of danger and so forth has never been Graham McCain Wicker good arms policy and as a matter of translated into a jobs program. If you NAYS—48 good foreign policy. In addition to want it to be—$6 billion spent on these Akaka Gillibrand Nelson (NE) that, the administration is unalterably upgrades—Northrop Grumman, Lock- Baucus Hagan Pryor heed Martin, and a host of companies Begich Harkin Reed opposed to this. Bennet Inouye Reid So here we are working hard under a will benefit from that $6 billion and Bingaman Johnson (SD) Rockefeller fairly careful script to get TAA out of may benefit from the sale of weapons Boxer Kerry Sanders here so we can move to three trade down the road. Brown (OH) Klobuchar Schumer This is a policy issue. The policy Cantwell Kohl Shaheen agreements that a lot of us want to Cardin Landrieu Stabenow move and pass, which means jobs for question is whether the President of Carper Lautenberg Tester America. They have been long overdue. Taiwan can speak for Taiwan as the Casey Leahy Udall (CO) We pass this amendment, we lose that Senator from Texas speaks for Taiwan. Conrad Levin Udall (NM) Coons McCaskill Warner opportunity. It is that simple. It is whether we are going to be ade- Durbin Merkley Webb So these are all tradeoffs, but this is quately meeting the needs of the TRA Feinstein Mikulski Whitehouse a tradeoff measured against the lack of and the foreign policy priorities of an Franken Murray Wyden any need for urgency as a matter of de- administration that, it seems to me, NOT VOTING—4 fense policy and foreign policy to do given the statements of the President Barrasso Enzi this. So I say to my colleagues, why, of Taiwan, not only don’t violate it but Corker Paul for the first time, without that show- sustain the relationship of the TRA. The PRESIDING OFFICER. On this ing of urgency and need, particularly I have proudly voted in support of vote, the yeas are 48, the nays are 48. given the President of Taiwan’s own Taiwan for the entire time I have been Under the previous order requiring 60 statements, are we going to for the here, 26 years. I believe I am voting for votes for the adoption of this amend- first time compel a President to do them today, even as I oppose this ment, the amendment is rejected. something he does not think he wants amendment but support the adminis- AMENDMENT NO. 633 to do in the context of the relationship tration’s $6 billion program for upgrade Under the previous order, there is with both China and Taiwan? and those 145 F–16s—and maybe we will now 2 minutes of debate, equally di- I reserve the remainder of my time. sell them some others. vided, in relation to amendment No. Mr. CORNYN. Mr. President, how The PRESIDING OFFICER. The Sen- 633 offered by the Senator from Nevada ator’s time has elapsed. much time do I have remaining? (Mr. REID) on behalf of Mr. CASEY. The PRESIDING OFFICER. Two Mr. CORNYN. Mr. President, briefly, The Senator from Pennsylvania. minutes 30 seconds. once this production line is shut down Mr. CASEY. Mr. President, I ask an Mr. CORNYN. Mr. President, as my for the production of the F–16, it can- affirmative vote on this amendment. colleagues know, under article I, sec- not be reconstituted. The 2,000 people Trade adjustment assistance is very tion 8 of the U.S. Constitution, Con- currently working on the F–16 produc- simple. We have a job crisis in the gress is given the power to regulate tion line will be reassigned or fired and country. This program for decades now commerce with foreign nations. That is so this is important. has helped people get through crises why this amendment is relevant to this This isn’t something we can take up and, very importantly, has allowed trade bill we are getting ready to pass, willy-nilly later on because we finally them to be trained and retrained for because it is important that products have gotten around to it. It is timely, the jobs of the future. We need this manufactured in the United States, and it needs to be done now to keep our program, our workers need it, and our and produce grown here, that we sell it commitment to our ally and show the economy needs it. to markets abroad because it creates Chinese what they need to see from I commend the work of Chairman jobs here at home, in addition to ful- America; that is, strength, not weak- BAUCUS and my colleague from Ohio, filling our legal obligation under the ness. Senator BROWN. I ask for an affirma- Taiwan Relations Act. The PRESIDING OFFICER. The yeas tive vote on this amendment. I must say I disagree with my col- and nays have been ordered. My colleague from Ohio. league from Massachusetts. The up- The question is on agreeing to the Mr. BROWN of Ohio. Mr. President, I grade on the 145 aircraft does nothing amendment. The clerk will call the thank Senator BAUCUS and Senator to substitute for the retiring of the roll. CASEY for their leadership.

VerDate Mar 15 2010 04:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.064 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5882 CONGRESSIONAL RECORD — SENATE September 22, 2011 This is about helping people who NAYS—28 We cannot afford to fail. Weak con- have lost their jobs, not only through Alexander Hatch Paul sumer demand at home threatens to no fault of their own but because of ac- Ayotte Hutchison Risch stall our recovery. We need these tions taken in this body and the House Burr Inhofe Roberts agreements to increase sales of U.S. Chambliss Johnson (WI) Rubio of Representatives on trade agreements Coburn Kirk Sessions farm products, manufactured goods, and on trade policy. Cornyn Kyl Thune and services abroad. I met a woman in Youngstown the Crapo Lee Toomey The International Trade Commission DeMint Lugar Vitter other day who lost her job in manufac- Graham McCain estimates that these agreements will turing and she went back to school. Grassley McConnell boost U.S. exports by $13 billion. Most She and her daughter are both now in NOT VOTING—3 important, these additional exports will increase economic growth and sup- nursing school training to be nurses. Barrasso Corker Enzi That is what TAA is about. port tens of thousands of American Vote for the Casey-Baucus-Brown The PRESIDING OFFICER (Mrs. jobs. We cannot delay. amendment. SHAHEEN). On this vote, the yeas are 69, This summer, for example, trade the nays are 28. Under the previous The PRESIDING OFFICER. The Sen- agreements between the European order requiring 60 votes for the adop- ator from Utah. Union and Korea, and between Canada tion of this amendment, the amend- Mr. HATCH. Mr. President, this is a and Colombia entered into force. U.S. ment is agreed to. exporters are losing sales to their Eu- caustic program of dubious value. In Under the previous order, the clerk our hearings, the representatives of the ropean and Canadian competitors. will read the bill for a third time. American jobs are at risk. Let’s restore administration couldn’t come up with The amendment was ordered to be one job that would be lost as a result of U.S. trade adjustment assistance for engrossed and the bill to be read a American workers, let’s expand trade these free-trade agreements. third time. There is no evidence that TAA works preferences for the benefit of American The bill was read the third time. manufacturers, and let’s move quickly and, in all honesty, there is no commit- The PRESIDING OFFICER. The Sen- ment from the President we are going to our pending free-trade agreements ator from Montana is recognized. with Colombia, Panama, and South to have the free-trade agreements There is now 10 minutes of debate come up anyway. I have to say that Korea. equally divided prior to a vote on the I urge my colleagues to support this even though we haven’t done a trade passage of the measure. legislation. agreement in years, TAA continues to Mr. BAUCUS. Madam President, this Mr. LEVIN. Madam President, I will grow and TAA is on top of unemploy- bill addresses our country’s most ur- vote in support of the amendment to ment insurance that we are paying gent priority—jobs. It helps American renew and extend both the General anyway, and it isn’t justified. workers acquire the skills they need to System of Preferences and trade ad- All I can say is, literally, this pro- compete and win in the global econ- justment assistance. It is the correct gram should not be adopted at this par- omy. It gives American businesses bet- approach for Congress to extend trade ticular point. And if it is adopted, it ter access to the materials they need adjustment assistance, TAA, including ought to be adopted based upon reason to make world-class products, and that an extension of the 2009 bipartisan re- and so forth. is just the beginning. It also opens the forms, before considering the pending Mr. MENENDEZ. Mr. President, I ask door to an ambitious trade agenda, an trade agreements with South Korea, for the yeas and nays. agenda that will increase U.S. exports, Colombia, and Panama. The PRESIDING OFFICER. Is there a grow our economy, and create jobs. TAA is not a substitute for fighting sufficient second? That agenda includes our pending free- to keep jobs here in the United States. There is a sufficient second. trade agreements with Colombia, Pan- However, given the realities of a global The question is on agreeing to ama, and South Korea. economy we must provide a safety net amendment No. 633. The first step is to renew the trade so workers who lose their jobs as a re- The clerk will call the roll. adjustment assistance. Trade adjust- sult of expanded trade and The legislative clerk called the roll. ment assistance has been an essential globalization are able to transition to Mr. KYL. The following Senators are part of U.S. trade policy for nearly 50 new jobs through retraining and that necessarily absent: the Senator from years. When we negotiate trade agree- they have access to affordable health Tennessee (Mr. CORKER), the Senator ments, we create new economic oppor- care coverage. from Wyoming (Mr. BARRASSO), and the tunity and spur growth but also in- The 2002 TAA law covered only man- Senator from Wyoming (Mr. ENZI). crease competition. TAA helps Amer- ufacturing workers who lost jobs as a Further, if present and voting, the ican workers and businesses meet that result of imports or if those jobs shift- Senator from Tennessee (Mr. CORKER) competition with job training, income ed to FTA partner countries. In 2009, as would have voted ‘‘nay.’’ support, health coverage, and technical part of the Recovery Act, the TAA Pro- The result was announced—yeas 69, assistance. gram was expanded through bipartisan nays 28, as follows: Over the years we have reformed efforts to increase training funding. It TAA to keep pace with the changing also expanded eligibility to include the [Rollcall Vote No. 149 Leg.] global economy. In 2009 we extended service sector and farmers and to cover YEAS—69 TAA to cover service industry workers workers whose jobs were been moved Akaka Gillibrand Murkowski and workers whose jobs shifted over- anywhere offshore, not just to a FTA Baucus Hagan Murray seas to any country, and we increased Begich Harkin Nelson (NE) partner country. Finally, it expanded Bennet Heller Nelson (FL) funding for job training and health access to TAA’s health coverage tax Bingaman Hoeven Portman care. But the 2009 reforms expired. credit, which helps certified workers Blumenthal Inouye Pryor They expired last February. purchase private health insurance. Blunt Isakson Reed Boozman Johanns Reid Congress has never approved one Those 2009 expansions expired on Boxer Johnson (SD) Rockefeller free-trade agreement, much less three, February 13, 2011 and are overdue for Brown (MA) Kerry Sanders with TAA expired. This year must be reauthorization. The bill the Senate is Brown (OH) Klobuchar Schumer no exception. This legislation will re- considering today is a bipartisan agree- Cantwell Kohl Shaheen Cardin Landrieu Shelby store the 2009 TAA reforms and respon- ment to restore most of the 2009 provi- Carper Lautenberg Snowe sible program cuts to achieve nec- sions through December 31, 2013. It will Casey Leahy Stabenow essary cost savings. This legislation also apply the benefits retroactively Coats Levin Tester Cochran Lieberman Udall (CO) will clear the path to consider and ap- from February 12, 2011. Collins Manchin Udall (NM) prove our free-trade agreements with There is clearly a need for an ex- Conrad McCaskill Warner Colombia, Panama, and South Korea. panded TAA Program. Since the 2009 Coons Menendez Webb If we do not approve this legislation reforms, almost 450,000 workers have Durbin Merkley Whitehouse Feinstein Mikulski Wicker we will impose a roadblock that could been certified for TAA assistance: over Franken Moran Wyden derail our three free-trade agreements. 40 percent of whom were certified

VerDate Mar 15 2010 02:09 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.067 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5883 under the expanded provisions and Manufacturing has also grown at the my colleagues will argue in favor of al- coming from every state in the union. slowest pace in 2 years. The housing lowing TAA to expire. And they might As a leading manufacturing state and a downturn is still plaguing the country, argue that we should not be giving significant contributor to global trade, with no plausible end to foreclosures in ‘‘special treatment’’ to individuals Michigan has relied on the TAA Pro- sight. Home prices in March fell to whose jobs have been affected by trade. gram to retrain workers for new ca- their lowest level since 2002. Con- Allowing this vital program to lapse reers and certified nearly 50,000 work- sumers, confronted with higher gas and would amount to a colossal missed op- ers since the 2009 reforms. food prices, are spending less on discre- portunity not only for American work- Michigan also houses the Great tionary items. ers but for our economy as well. When Lakes Trade Adjustment Assistance And in my home State of Maine wage a Maine saw or paper mill closes and Center. The Great Lakes TAA Center and salary employment levels have the orders it used to handle are filled helps hundreds of firms in Michigan, fallen precipitously through December by a Canadian or Chinese plant, that Indiana and Ohio compete in the global 2010, with job losses of 26,900, a 4.4-per- has a cascading affect across not just economy. The TAA for firms program cent drop. Overall, employment num- Maine’s forestry industry but shipping assists mostly small and medium-sized bers in my State have returned to year businesses, our service sector, and the companies that experience loss of jobs 1999 levels, erasing the economic gains thousands of additional workers and and sales because of foreign imports. of the past decade. rural communities that rely on this in- TAA for firms has helped to retain or At a time when Maine and our Na- dustry for their very survival. create tens of thousands of jobs by sav- tion are struggling to revive our lack- The fact is, losing one’s job to trade ing companies and jobs imperiled by luster economy—the worst since World is not equivalent to losing one’s job be- import competition. This TAA exten- War II, renewing and reforming TAA cause of technological advancements sion includes $16 million for this impor- represents a central avenue we must or economic adversity and downturn. tant program—TAA for firms. take if we are to reinvigorate our The difference is that trade liberaliza- Ms. SNOWE. Madam President, I rise workforce so that American enterprise tion actions—such as implementing today to express my strong support for is positioned to battle for customers NAFTA or accepting China into the the renewal of Trade Adjustment As- with our counterparts in countries like WTO—are the chosen policy of the U.S. sistance programs which for decades China. Government—a path I would argue has have served as a critical lifeline for TAA programs—such as TAA for often sacrificed manufacturing jobs in thousands of Mainers whose jobs have Workers, TAA for Firms, and TAA for order to gain market access for other been adversely affected by increases in Farmers have proved invaluable to ac- sectors of our economy. Consequently, foreign imports and shifts in produc- celerating the adjustment process and our government is all the more obli- expediting the means by which laid-off tion overseas. gated to aid our workers and commu- During my entire tenure in Congress, workers are able to rejoin the work- nities hurt by foreign trade. I have worked tirelessly with my col- force and contribute to the bottom-line To those who point out that there are leagues to reform and expand TAA pro- at a high level. inefficiencies associated with TAA, I TAA is crucial in providing Ameri- grams to assist workers, businesses, agree that efforts at reform must re- cans with the skills and assistance and communities harmed by trade lib- duce costs and eliminate waste. That is needed to meet this challenge. As eralization in competing in an increas- why this bill lowers program expendi- President Kennedy said in 1962, TAA is ingly global marketplace. tures, includes cost-cutting provisions ‘‘a program to afford time for Amer- And frankly if there were ever a mo- from areas such as case management ican initiative, American adaptability ment to rebuild and equip our work- and administrative expenses, and and American resiliency to assert force to make greater strides when it grants States greater discretion to themselves.’’ comes to competing in the global econ- Under the TAA for Workers Program, manage the programs. omy is there any doubt, that time is eligible beneficiaries in Maine—such as Furthermore, the reforms made in now? laid-off pulp and paper manufacturers— this legislation require new perform- Consider that China will surpass the participate full-time in customized and ance measures, metrics, and account- U.S. economically in 2016—a mere five on-the-job training or pursue ability as a precondition for receiving years from now—according to the coursework at local colleges and uni- training and benefits. In fact, the bill International Monetary Fund. Consider versities to acquire the skills they need raises the standards by which appli- that the total U.S. international trade to reenter the workforce. As of the end cants may receive waivers from train- deficit for 2010 was $497 billion, up from of 2010, thousands of Mainers had been ing program requirements—elimi- $374 billion in 2009. And our trade def- certified for TAA and reentered the nating many of the loopholes that pre- icit with China increased from $226 bil- workforce. viously could have been used to avoid lion in 2009 to $273 billion in 2010—a 20- Additionally, under the TAA for participation in key job skill pro- percent increase in just 1 year alone! Farmers Program, hundreds of blue- grams. Whoever is elected President in 2012 berry producers and lobstermen in my Finally, I am pleased that the legis- will be the last President to preside state, facing increased pressure from lation before us maintains the ex- over a U.S. economy on top of China’s foreign products, have found the pro- panded eligibility for service workers if we continue with our current poli- gram’s technical assistance and train- and those displaced by trade with non- cies, which, in large part are fueling ing extremely useful in retooling their FTA partners like China and India. our decline and China’s rise. Make no businesses to ensure Maine’s agri- And it maintains initiatives I have mistake, this is the regrettable direc- culture industry and fisherman remain championed such as the health cov- tion in which we are headed as long as among the best in the world. erage tax credit—all of which are vital we import more than we export, amass Likewise, the New England Trade Ad- components to helping sustain both soaring deficits, consume more than we justment Assistance Center recently workers and businesses and enable produce, and outsource thousands of reported that 15 Maine companies have them to contribute to our economic re- jobs. taken part in the TAA for Firms Pro- covery. Domestically, our Nation’s $14.7 tril- gram over the last several years. These Along with the enforcement of our lion debt is projected to reach 100 per- companies have taken advantage of the existing trade laws, trade adjustment cent of GDP this year; unemployment program to reconfigure their business assistance must be a central pillar of has been hovering near or above 9 per- models, develop new strategies, and our Nation’s trade agenda. On Feb- cent; and 22 million Americans are ei- make other adjustments necessary to ruary 8 I sent a letter to the Senate’s ther unemployed or underemployed. In- remain competitive in the inter- leadership urging that they work with deed, we are experiencing the longest national economy—benefiting a com- me to secure a long-term reauthoriza- unemployment period in American his- bined 1,120 Mainers employed by these tion of TAA so that families in Maine tory since data collection started in firms. and across the U.S. are prepared for 1948, surpassing even the 1982 double- However, despite these irrefutable new employment opportunities. Unfor- dip recession. successes, I have no doubt that some of tunately, as so often seems to be the

VerDate Mar 15 2010 02:09 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.070 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5884 CONGRESSIONAL RECORD — SENATE September 22, 2011 case in the Senate, action on this job White House admits will create tens of very much the support of the Repub- creation package has been delayed for thousands of jobs. licans in getting the votes necessary to far too long—over 7 months since I sent The White House asks us for a path pass this bill. It was a nice vote and I my letter. forward on trade adjustment assistance appreciate it very much. Congress still has an opportunity to in exchange for sending these deals up As far as the rest of the evening, I overcome this legislative inertia in to Congress and we gave it to them. I just talked with the House Democratic order to benefit U.S. industries that cannot say I am happy about that. This leadership, some of them, and right have been devastated by foreign im- is a program that I and many Repub- now the Republicans are still trying to ports. American businesses and their lican Members have serious questions get enough votes to pass something employees are doing their part—Con- about. Thanks to the leadership of two over there. Right now they have not gress must do likewise. of our Members, Senator BLUNT and been able to do that so they have not The PRESIDING OFFICER. The Sen- Senator PORTMAN, we are where we are even asked for the rule to be issued. We ator from Utah. today, and the Senate will soon pass are waiting to see what they do. Some Mr. HATCH. Madam President, I rise TAA without an amendment. Both par- of the reports out of the House are in opposition to this bill before us. It ties in the Senate have acted in good troubling, to say the least. One of the extends the generalized system of pref- faith to move this process forward. latest proposals we have heard—re- erences program for 2 years, as amend- Now it is the President’s turn. No more member, one reason this went so bad is ed and, as amended, expands the trade moving the goalposts; no more excuses. that 53 House Republicans wrote a let- adjustment assistance program. It is time for the administration to ter to the Republican leadership in the I want to be clear. I support the un- demonstrate something that seems to House and said, unless you cut back derlying bill passed by the House that be in short supply on the other end of the CR—remember, that is an agree- extends the GSP Program. GSP helps Pennsylvania Avenue, and that is ment we worked on for 3 months to get American companies compete in the trust. The Senate today will have acted agreements so we took care of the global marketplace while helping de- on trust in passing TAA even before we 301(a)s and 301(b)s for the rest of the veloping countries grow their econo- have received the agreements. The year. They said until you cut that by mies and achieve sustainable economic White House has refused to show the $28 billion, we are not going to vote for growth to lift their people out of pov- same trust in congressional Repub- it—$28 billion. erty. licans who have assured them that The latest we have heard from the As I have made clear over the past TAA will move along with the free- House in an effort to satisfy the $28 bil- few days, I have serious concerns with trade agreements. lion that the 53 Republicans want is expanding the Trade Adjustment As- I kept my promise I would allow TAA they said they are going to cut renew- sistance Program as it has been amend- to move forward in the Senate as long able energy projects by another $110 ed by this bill. We can no longer afford as Republicans had a chance to amend million. So if that goes through, then to increase domestic spending on pro- it. It is time for the administration to the 53 Republicans, instead of settling grams that have dubious value and deliver theirs. It is time for the Presi- for $28 billion, are going to settle for unproven results. That is what this bill dent to send up these long-pending $110 million. From Las Vegas, those are will do. free-trade agreements without further not very good odds in a card game. I cannot condone this spending, so I delay. I hope we do something that is fair will vote no. I offered an amendment I yield the floor. and realistic. I hope they send us a CR. that would have ended the mystery The PRESIDING OFFICER. The ma- I hope they send a reasonably impor- surrounding the sequencing of TAA and jority leader. tant number on FEMA. We know what the three pending free-trade agree- Mr. REID. For the benefit of the Sen- is needed. The Secretary of Homeland ments that have been the subject of ators, so we can look at the schedule a Security was in Joplin, MO, today, much intrigue and speculation. little bit this evening, first of all, I ap- looking at the devastation there and My amendment would have called off preciate the support for this trade ad- the work that has stopped in that town the expansion of TAA until our free- justment assistance from my Repub- that was struck by winds of 300 miles trade agreements with Colombia, Pan- lican colleagues. It is an important an hour. ama, and South Korea were enacted. piece of legislation. I am glad we are We are here. We are going to have a Everything would move together. Isn’t able to complete this at least in the caucus in 20 minutes, but I cannot see that what this whole bargain is sup- Senate. us doing anything tonight. posed to be about? As I have said many times, we have Mr. MCCONNELL. If my friend would Well, that amendment did not pass to make sure the House also passes yield on that point. and the White House still refuses to this. I have been told by the Speaker Mr. REID. Surely. say when they will send up the FTAs and others in the Republican leader- Mr. MCCONNELL. I think I can prob- for a vote. That does not seem right or ship in the House that they will do ably speak for everybody on this side fair to me. TAA is an unproven and that. I am hopeful and confident they that if we had a choice between wrap- costly and counterproductive program. will. Once that is done—and they have ping all of this up sometime tonight, as I urge my colleagues to also oppose ways of making sure through a rule opposed to coming back tomorrow, I this bill, but should it pass, I hope the they can issue, it would not be sent to think I am pretty safe in saying we President finally matches actions with the President. They do not have to en- prefer, if it is possible, to complete the words and sends the FTAs up for a roll it until the trade bill is passed. job tonight knowing full well we are vote. I am convinced all three will re- Once the trade bill is passed, of course, scheduled not to be here next week. ceive strong bipartisan votes. Amer- they would send the trade adjustment Presumably if we finish the job in a ican businesses, farmers, and workers, assistance to the White House. way that is satisfactory to both the and our friends and allies in Colombia, This is the first step of this agree- House and the Senate, I think our pref- Panama, and South Korea cannot af- ment, I don’t need to tell everyone erence would be to grind through and ford any delay. here—I have spoken to the Republican to try to get to the end tonight. Mr. MCCONNELL. Madam President, leader many times—I do not support Mr. REID. I understand what my has the time expired? any of those trade agreements, but I friend is saying. I am sure if we took a The PRESIDING OFFICER. Three am going to live up to what I said I vote, everyone would agree on that. If minutes remain. would do and do what I can to move we don’t get that bill until after mid- Mr. MCCONNELL. After today’s vote, those through the Senate as quickly as night tonight, there is a limit as to the White House has no more excuses. possible so there are fair votes on all of what we can do. It may be necessary to The time has come to send the three them. We are waiting for the House to come back sometime tomorrow morn- pending trade agreements to Congress. take action also. ing. I have a number of us over here We waited for the chance to pass these Finally, without belaboring the point who have important things to do, not trade agreements that our economy on trade adjustment assistance, I re- only legislatively but some with their desperately needs and that even the peat what I said earlier. I appreciate own personal business. So I understand

VerDate Mar 15 2010 02:09 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.019 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5885 if we have to come back tomorrow, we Rubio Shelby Toomey Sec. 262. Rates for merchandise processing fees. will try to do it as early as possible. We Sessions Thune Vitter Sec. 263. Time for remitting certain merchandise have some very serious things to do NOT VOTING—3 processing fees. here. We have millions of people who Barrasso Corker Enzi Subtitle A—Extension of Trade Adjustment Assistance are struggling because of this disaster The PRESIDING OFFICER. On this relief. We talk about disaster relief as PART I—APPLICATION OF PROVISIONS RE- vote, the yeas are 70, the nays are 27. LATING TO TRADE ADJUSTMENT AS- if it is some number up in the air, but Under the previous order requiring 60 SISTANCE these are jobs we are talking about. votes for passage of the bill, the bill, as SEC. 201. APPLICATION OF PROVISIONS RELAT- These are millions of dollars we are amended, is passed. ING TO TRADE ADJUSTMENT ASSIST- talking about providing for renovation, The bill (H.R. 2832), as amended, was ANCE. repair, and all of the other things that passed, as follows: (a) REPEAL OF SNAPBACK.—Section 1893 of the Trade and Globalization Adjustment Assistance need to be done in the disaster areas. H.R. 2832 These are jobs. People are waiting to Act of 2009 (Public Law 111–5; 123 Stat. 422) is Resolved, That the bill from the House of repealed. do that work and, of course, the CR is Representatives (H.R. 2832) entitled ‘‘An Act (b) APPLICABILITY OF CERTAIN PROVISIONS.— very important. to extend the Generalized System of Pref- Except as otherwise provided in this subtitle, the I would hope the House would send us erences, and for other purposes.’’, do pass provisions of chapters 2 through 6 of title II of something that is fair and reasonable, with the following amendment: the Trade Act of 1974, as in effect on February because if it is more of the same as yes- At the end, add the following: 12, 2011, and as amended by this subtitle, shall— terday, I do not think they are going to TITLE II—TRADE ADJUSTMENT (1) take effect on the date of the enactment of ASSISTANCE this Act; and get the Democratic votes in the House. (2) apply to petitions for certification filed SEC. 200. SHORT TITLE; TABLE OF CONTENTS. I do not think they will get any over under chapters 2, 3, or 6 of title II of the Trade (a) SHORT TITLE.—This title may be cited here. This is not a high school game of Act of 1974 on or after such date of enactment. as the ‘‘Trade Adjustment Assistance Exten- ‘‘I’ve gotcha.’’ We are willing to be rea- (c) REFERENCES.—Except as otherwise pro- sion Act of 2011’’. vided in this subtitle, whenever in this subtitle sonable, but we are not willing to vote (b) TABLE OF CONTENTS.—The table of con- an amendment or repeal is expressed in terms of unreasonably. tents for this title is as follows: an amendment to, or repeal of, a provision of The PRESIDING OFFICER. The bill TITLE II—TRADE ADJUSTMENT chapters 2 through 6 of title II of the Trade Act having been read the third time, the ASSISTANCE of 1974, the reference shall be considered to be question is, Shall the bill (H.R. 2832), as Sec. 200. Short title; table of contents. made to a provision of any such chapter, as in amended, pass? Subtitle A—Extension of Trade Adjustment effect on February 12, 2011. Mr. FRANKEN. I ask for the yeas and Assistance PART II—TRADE ADJUSTMENT nays. PART I—APPLICATION OF PROVISIONS RELATING ASSISTANCE FOR WORKERS The PRESIDING OFFICER. Is there a TO TRADE ADJUSTMENT ASSISTANCE SEC. 211. GROUP ELIGIBILITY REQUIREMENTS. sufficient second? ‘‘There appears to be Sec. 201. Application of provisions relating to (a) IN GENERAL.—Section 222 of the Trade Act a sufficient second. trade adjustment assistance. of 1974 (19 U.S.C. 2272) is amended— (1) by striking subsection (b); The clerk will call the roll. PART II—TRADE ADJUSTMENT ASSISTANCE FOR WORKERS (2) by redesignating subsections (c) through The legislative clerk called the roll. (f) as subsections (b) through (e), respectively; Mr. KYL. The following Senators are Sec. 211. Group eligibility requirements. (3) in paragraph (2) of subsection (b), as re- Sec. 212. Reductions in waivers from training. designated, by striking ‘‘(d)’’ and inserting necessarily absent: the Senator from Sec. 213. Limitations on trade readjustment al- Tennessee (Mr. CORKER), the Senator ‘‘(c)’’; lowances. (4) in subsection (c), as redesignated, by strik- from Wyoming (Mr. BARRASSO), and the Sec. 214. Funding of training, employment and ing paragraph (5); and Senator from Wyoming (Mr. ENZI). case management services, and job (5) in paragraph (2) of subsection (d), as re- Further, if present and voting, the search and relocation allowances. designated, by striking ‘‘, (b), or (c)’’ and insert- Sec. 215. Reemployment trade adjustment as- Senator from Tennessee (Mr. CORKER) ing ‘‘or (b)’’. sistance. (b) CONFORMING AMENDMENTS.—Section 247 of would have voted ‘‘nay.’’ Sec. 216. Program accountability. the Trade Act of 1974 (19 U.S.C. 2319) is amend- The PRESIDING OFFICER. Are there Sec. 217. Extension. ed— any other Senators in the Chamber de- PART III—OTHER ADJUSTMENT ASSISTANCE (1) in paragraph (3)— siring to vote? Sec. 221. Trade adjustment assistance for firms. (A) in the matter preceding subparagraph (A), The result was announced—yeas 70, Sec. 222. Trade adjustment assistance for com- by striking ‘‘Subject to section 222(d)(5), the nays 27, as follows: munities. term’’ and inserting ‘‘The term’’; and Sec. 223. Trade adjustment assistance for farm- (B) in subparagraph (A), by striking ‘‘, service [Rollcall Vote No. 150 Leg.] ers. sector firm, or public agency’’ and inserting ‘‘or YEAS—70 PART IV—GENERAL PROVISIONS service sector firm’’; Akaka Graham Murkowski Sec. 231. Applicability of trade adjustment as- (2) by striking paragraph (7); and Baucus Hagan (3) by redesignating paragraphs (8) through Murray sistance provisions. Begich Harkin Nelson (NE) (19) as paragraphs (7) through (18), respectively. Bennet Heller Sec. 232. Termination provisions. Nelson (FL) Sec. 233. Sunset provisions. SEC. 212. REDUCTIONS IN WAIVERS FROM TRAIN- Bingaman Hoeven Portman ING. Blumenthal Inouye Pryor Subtitle B—Health Coverage Improvement (a) IN GENERAL.—Section 231(c) of the Trade Blunt Isakson Reed Sec. 241. Health care tax credit. Act of 1974 (19 U.S.C. 2291(c)) is amended— Boozman Johanns Reid Sec. 242. TAA pre-certification period rule for Boxer Johnson (SD) (1) in paragraph (1)— Rockefeller Brown (MA) Kerry purposes of determining whether (A) by striking subparagraphs (A), (B), and Sanders Brown (OH) Klobuchar there is a 63-day lapse in cred- (C); and Cantwell Kohl Schumer itable coverage. (B) by redesignating subparagraphs (D), (E), Cardin Landrieu Shaheen Sec. 243. Extension of COBRA benefits for cer- and (F) as subparagraphs (A), (B), and (C), re- Carper Lautenberg Snowe tain TAA-eligible individuals and spectively; and Casey Leahy Stabenow PBGC recipients. (2) in paragraph (3)(B), by striking ‘‘(D), (E), Coats Levin Tester or (F)’’ and inserting ‘‘or (C)’’. Udall (CO) Subtitle C—Offsets Cochran Lieberman (b) GOOD CAUSE EXCEPTION.—Section 234(b) of PART I—UNEMPLOYMENT COMPENSATION Collins Lugar Udall (NM) the Trade Act of 1974 (19 U.S.C. 2294(b)) is Conrad Manchin Warner PROGRAM INTEGRITY Coons McCaskill Webb amended to read as follows: Sec. 251. Mandatory penalty assessment on ‘‘(b) SPECIAL RULE ON GOOD CAUSE FOR WAIV- Durbin Menendez Whitehouse fraud claims. Feinstein Merkley ER OF TIME LIMITS OR LATE FILING OF Wicker Sec. 252. Prohibition on noncharging due to em- Franken Mikulski Wyden CLAIMS.—The Secretary shall establish proce- Gillibrand Moran ployer fault. dures and criteria that allow for a waiver for Sec. 253. Reporting of rehired employees to the good cause of the time limitations with respect NAYS—27 directory of new hires. to an application for a trade readjustment al- Alexander DeMint Kyl PART II—ADDITIONAL OFFSETS lowance or enrollment in training under this Ayotte Grassley Lee Sec. 261. Improvements to contracts with Medi- chapter.’’. Burr Hatch McCain Chambliss Hutchison McConnell care quality improvement organi- SEC. 213. LIMITATIONS ON TRADE READJUST- Coburn Inhofe Paul zations (QIOs) in order to improve MENT ALLOWANCES. Cornyn Johnson (WI) Risch the quality of care furnished to Section 233 of the Trade Act of 1974 (19 U.S.C. Crapo Kirk Roberts Medicare beneficiaries. 2293) is amended—

VerDate Mar 15 2010 02:09 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 6333 E:\CR\FM\G22SE6.071 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5886 CONGRESSIONAL RECORD — SENATE September 22, 2011 (1) in subsection (a)— ‘‘(C) providing reemployment trade adjust- (1) in paragraph (3)(B)(ii), by striking (A) in paragraph (2), in the matter preceding ment assistance under section 246; and ‘‘$55,000’’ and inserting ‘‘$50,000’’; and subparagraph (A), by striking ‘‘(or’’ and all ‘‘(2) not less than 5 percent for employment (2) in paragraph (5)— that follows through ‘‘period)’’; and and case management services under section (A) in subparagraph (A)(i), by striking (B) in paragraph (3)— 235.’’. ‘‘$12,000’’ and inserting ‘‘$10,000’’; and (i) in the matter preceding subparagraph (A), (2) CLERICAL AMENDMENT.—The table of con- (B) in subparagraph (B)(i), by striking by striking ‘‘78’’ and inserting ‘‘65’’; and tents for the Trade Act of 1974 is amended by ‘‘$12,000’’ and inserting ‘‘$10,000’’. (ii) by striking ‘‘91-week period’’ each place it striking the item relating to section 235A and in- (b) EXTENSION.—Section 246(b)(1) of the Trade appears and inserting ‘‘78-week period’’; and serting the following: (2) by amending subsection (f) to read as fol- Act of 1974 (19 U.S.C. 2318(b)(1)) is amended by ‘‘Sec. 235A. Limitations on administrative ex- striking ‘‘February 12, 2011’’ and inserting ‘‘De- lows: penses and employment and case ‘‘(f) PAYMENT OF TRADE READJUSTMENT AL- cember 31, 2013’’. management services.’’. LOWANCES TO COMPLETE TRAINING.—Notwith- (c) REALLOTMENT OF FUNDS.—Section 245 of SEC. 216. PROGRAM ACCOUNTABILITY. standing any other provision of this section, in the Trade Act of 1974 (19 U.S.C. 2317) is amend- (a) CORE INDICATORS OF PERFORMANCE.— order to assist an adversely affected worker to ed by adding at the end the following: (1) IN GENERAL.—Section 239(j)(2)(A) of the complete training approved for the worker ‘‘(c) REALLOTMENT OF FUNDS.— Trade Act of 1974 (19 U.S.C. 2311(j)(2)(A)) is under section 236 that leads to the completion of ‘‘(1) IN GENERAL.—The Secretary may— amended to read as follows: a degree or industry-recognized credential, pay- ‘‘(A) reallot funds that were allotted to any ‘‘(A) IN GENERAL.—The core indicators of per- ments may be made as trade readjustment allow- State to carry out sections 235 through 238 and formance described in this paragraph are— ances for not more than 13 weeks within such that remain unobligated by the State during the ‘‘(i) the percentage of workers receiving bene- period of eligibility as the Secretary may pre- second or third fiscal year after the fiscal year fits under this chapter who are employed during scribe to account for a break in training or for in which the funds were provided to the State; the first or second calendar quarter following justifiable cause that follows the last week for and the calendar quarter in which the workers cease ‘‘(B) provide such realloted funds to States to which the worker is otherwise entitled to a trade receiving such benefits; carry out sections 235 through 238 in accordance readjustment allowance under this chapter if— ‘‘(ii) the percentage of such workers who are ‘‘(1) payment of the trade readjustment allow- with procedures established by the Secretary. employed during the 2 calendar quarters fol- ance for not more than 13 weeks is necessary for ‘‘(2) REQUESTS BY STATES.—In establishing lowing the earliest calendar quarter during the worker to complete the training; procedures under paragraph (1)(B), the Sec- ‘‘(2) the worker participates in training in retary shall include procedures that provide for which the worker was employed as described in each such week; and the distribution of realloted funds under that clause (i); ‘‘(3) the worker— paragraph pursuant to requests submitted by ‘‘(iii) the average earnings of such workers ‘‘(A) has substantially met the performance States in need of such funds. who are employed during the 2 calendar quar- benchmarks established as part of the training ‘‘(3) AVAILABILITY OF AMOUNTS.—The reallot- ters described in clause (ii); and approved for the worker; ment of funds under paragraph (1) shall not ex- ‘‘(iv) the percentage of such workers who ob- ‘‘(B) is expected to continue to make progress tend the period for which such funds are avail- tain a recognized postsecondary credential, in- toward the completion of the training; and able for expenditure.’’. cluding an industry-recognized credential, or a ‘‘(C) will complete the training during that (d) JOB SEARCH ALLOWANCES.—Section 237 of secondary school diploma or its recognized period of eligibility.’’. the Trade Act of 1974 (19 U.S.C. 2297) is amend- equivalent if combined with employment under SEC. 214. FUNDING OF TRAINING, EMPLOYMENT ed— clause (i), while receiving benefits under this AND CASE MANAGEMENT SERVICES, (1) in subsection (a)(1)— chapter or during the 1-year period after such AND JOB SEARCH AND RELOCATION (A) by striking ‘‘An adversely affected work- workers cease receiving such benefits.’’. ALLOWANCES. er’’ and inserting ‘‘Each State may use funds (2) EFFECTIVE DATE.—The amendment made (a) IN GENERAL.—Section 236(a)(2) of the made available to the State to carry out sections Trade Act of 1974 (19 U.S.C. 2296(a)(2)) is by paragraph (1) shall— 235 through 238 to allow an adversely affected (A) take effect on October 1, 2011; and amended— worker’’; and (1) by inserting ‘‘and sections 235, 237, and (B) by striking ‘‘may’’ and inserting ‘‘to’’; (B) apply with respect to agreements under 238’’ after ‘‘to carry out this section’’ each place (2) in subsection (b)— section 239 of the Trade Act of 1974 (19 U.S.C. it appears; (A) in paragraph (1)— 2311) entered into before, on, or after October 1, (2) in subparagraph (A)— (i) by striking ‘‘An’’ and inserting ‘‘Any’’; 2011. (A) in the matter preceding clause (i), by and (b) COLLECTION AND PUBLICATION OF DATA.— striking ‘‘of payments that may be made under (ii) by striking ‘‘all necessary job search ex- (1) IN GENERAL.—Section 249B(b) of the Trade paragraph (1)’’ and inserting ‘‘of funds avail- penses’’ and inserting ‘‘not more than 90 percent Act of 1974 (19 U.S.C. 2323(b)) is amended— able to carry out this section and sections 235, of the necessary job search expenses of the (A) in paragraph (2)— 237, and 238’’; and worker’’; and (i) in subparagraph (B), by inserting ‘‘(includ- (B) in paragraph (2), by striking ‘‘$1,500’’ and (B) by striking clauses (i) and (ii) and insert- ing such allowances classified by payments inserting ‘‘$1,250’’; and ing the following: under paragraphs (1) and (3) of section 233(a), ‘‘(i) $575,000,000 for each of fiscal years 2012 (3) in subsection (c), by striking ‘‘the Sec- retary shall’’ and inserting ‘‘a State may’’. and section 233(f), respectively) and payments and 2013; and under section 246’’ after ‘‘readjustment allow- ‘‘(ii) $143,750,000 for the 3-month period begin- (e) RELOCATION ALLOWANCES.—Section 238 of ances’’; and ning on October 1, 2013, and ending on Decem- the Trade Act of 1974 (19 U.S.C. 2298) is amend- (ii) by adding at the end the following: ber 31, 2013.’’; ed— (3) in subparagraph (C)(ii)(V), by striking (1) in subsection (a)(1)— ‘‘(D) The average number of weeks trade read- (A) by striking ‘‘Any adversely affected work- ‘‘relating to the provision of training under this justment allowances were paid to workers. er’’ and inserting ‘‘Each State may use funds section’’ and inserting ‘‘to carry out this section ‘‘(E) The number of workers who report that made available to the State to carry out sections and sections 235, 237, and 238’’; and they have received benefits under a prior certifi- (4) in subparagraph (E), by striking ‘‘to pay 235 through 238 to allow an adversely affected cation issued under this chapter in any of the 10 the costs of training approved under this sec- worker’’; and fiscal years preceding the fiscal year for which (B) by striking ‘‘may file’’ and inserting ‘‘to tion’’ and inserting ‘‘to carry out this section the data is collected under this section.’’; file’’; and (B) in paragraph (3)— and sections 235, 237, and 238’’. (2) in subsection (b)— (b) LIMITATIONS ON ADMINISTRATIVE EXPENSES (A) in the matter preceding paragraph (1)— (i) in subparagraph (A), by inserting ‘‘train- AND EMPLOYMENT AND CASE MANAGEMENT (i) by striking ‘‘The’’ and inserting ‘‘Any’’; ing leading to an associate’s degree, remedial SERVICES.— and education, prerequisite education,’’ after ‘‘dis- (1) IN GENERAL.—Section 235A of the Trade (ii) by striking ‘‘includes’’ and inserting tance learning,’’; Act of 1974 (19 U.S.C. 2295a) is amended— ‘‘shall include’’; (ii) by amending subparagraph (B) to read as (A) in the section heading, by striking (B) in paragraph (1), by striking ‘‘all’’ and in- follows: ‘‘FUNDING FOR’’ and inserting ‘‘LIMITA- serting ‘‘not more than 90 percent of the’’; and ‘‘(B) The number of workers who complete TIONS ON’’; and (C) in paragraph (2), by striking ‘‘$1,500’’ and training approved under section 236 who were (B) by striking subsections (a) and (b) and in- inserting ‘‘$1,250’’. enrolled in pre-layoff training or part-time (f) CONFORMING AMENDMENTS.—Section 236 of serting the following: training at any time during that training.’’; ‘‘Of the funds made available to a State to the Trade Act of 1974 (19 U.S.C. 2296) is amend- (iii) in subparagraph (C), by inserting ‘‘, and carry out sections 235 through 238 for a fiscal ed— year, the State shall use— (1) in subsection (b), in the first sentence, by the average duration of training that does not ‘‘(1) not more than 10 percent for the adminis- striking ‘‘approppriate’’ and inserting ‘‘appro- include remedial or prerequisite education’’ tration of the trade adjustment assistance for priate’’; and after ‘‘training’’; workers program under this chapter, including (2) by striking subsection (g) and redesig- (iv) in subparagraph (E), by striking ‘‘dura- for— nating subsection (h) as subsection (g). tion’’ and inserting ‘‘average duration’’; and ‘‘(A) processing waivers of training require- SEC. 215. REEMPLOYMENT TRADE ADJUSTMENT (v) in subparagraph (F), by inserting ‘‘and ments under section 231; ASSISTANCE. the average duration of the training that was ‘‘(B) collecting, validating, and reporting data (a) IN GENERAL.—Section 246(a) of the Trade completed by such workers’’ after ‘‘training’’; required under this chapter; and Act of 1974 (19 U.S.C. 2318(a)) is amended— and

VerDate Mar 15 2010 04:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 6333 E:\CR\FM\A22SE6.022 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5887 (C) in paragraph (4)— ‘‘(9) The number of business recovery plans 2013, and $4,000,000 for the 3-month period be- (i) by redesignating subparagraph (B) as sub- approved and denied by the Secretary. ginning on October 1, 2013, and ending on De- paragraph (D); and ‘‘(10) The average duration of benefits re- cember 31, 2013.’’; and (ii) by inserting after subparagraph (A) the ceived under the program nationally and in (2) by striking ‘‘shall—’’ and all that follows following: each region served by an intermediary organiza- through ‘‘otherwise remain’’ and inserting ‘‘(B) A summary of the data on workers in the tion referred to in section 253(b)(1). ‘‘shall remain’’. quarterly reports required under section 239(j) ‘‘(11) Sales, employment, and productivity at SEC. 222. TRADE ADJUSTMENT ASSISTANCE FOR classified by the age, pre-program educational each firm participating in the program at the COMMUNITIES. level, and post-program credential attainment of time of certification. (a) IN GENERAL.—Chapter 4 of title II of the the workers. ‘‘(12) Sales, employment, and productivity at Trade Act of 1974 (19 U.S.C. 2371 et seq.) is ‘‘(C) The average earnings of workers de- each firm upon completion of the program and amended— scribed in section 239(j)(2)(A)(i) in the second, each year for the 2-year period following com- (1) by striking subchapters A, C, and D; third, and fourth calendar quarters following pletion of the program. (2) in subchapter B, by striking the sub- the calendar quarter in which such workers ‘‘(13) The number of firms in operation as of chapter heading; and cease receiving benefits under this chapter, ex- the date of the report and the number of firms (3) by redesignating sections 278 and 279 as pressed as a percentage of the average earnings that ceased operations after completing the pro- sections 271 and 272, respectively. of such workers in the 3 calendar quarters be- gram and in each year during the 2-year period (b) ANNUAL REPORT.— fore the calendar quarter in which such workers following completion of the program. (1) IN GENERAL.—Subsection (e) of section 271 began receiving benefits under this chapter.’’; ‘‘(14) The financial assistance received by of the Trade Act of 1974, as redesignated by sub- and each firm participating in the program. section (a)(3), is amended— (D) by adding at the end the following: ‘‘(15) The financial contribution made by each (A) in the matter preceding paragraph (1), by ‘‘(6) DATA ON SPENDING.— firm participating in the program. striking ‘‘December 15 in each of the calendar ‘‘(A) The total amount of funds used to pay ‘‘(16) The types of technical assistance in- years 2009 through’’ and inserting ‘‘December for trade readjustment allowances, in the aggre- cluded in the business recovery plans of firms 15, 2009,’’; gate and by each State. participating in the program. (B) in paragraph (1), by striking ‘‘and’’ at the ‘‘(B) The total amount of the payments to the ‘‘(17) The number of firms leaving the program end; States to carry out sections 235 through 238 used before completing the project or projects in their (C) in paragraph (2), by striking the period at for training, in the aggregate and for each business recovery plans and the reason the the end and inserting ‘‘; and’’; and (D) by adding at the end the following: State. project or projects were not completed. ‘‘(3) providing the following data relating to ‘‘(C) The total amount of payments to the ‘‘(18) The total amount expended by all inter- States to carry out sections 235 through 238 used program performance and outcomes: mediary organizations referred to in section ‘‘(A) Of the grants awarded under this sec- for the costs of administration, in the aggregate 253(b)(1) and by each such organization to ad- and for each State. tion, the amount of funds spent by grantees. minister the program. ‘‘(B) The average dollar amount of grants ‘‘(D) The total amount of payments to the ‘‘(19) The total amount expended by inter- States to carry out sections 235 through 238 used awarded under this section. mediary organizations to provide technical as- ‘‘(C) The average duration of grants awarded for job search and relocation allowances, in the sistance to firms under the program nationally aggregate and for each State.’’. under this section. and in each region served by such an organiza- ‘‘(D) The percentage of workers receiving ben- (2) EFFECTIVE DATE.—Not later than October tion. efits under chapter 2 that are served by pro- 1, 2012, the Secretary of Labor shall update the ‘‘(b) CLASSIFICATION OF DATA.—To the extent grams developed, offered, or improved using system required by section 249B(a) of the Trade possible, in collecting and reporting the data de- grants awarded under this section. Act of 1974 (19 U.S.C. 2323(a)) to include the col- scribed in subsection (a), the Secretary shall ‘‘(E) The percentage and number of workers lection of and reporting on the data required by classify the data by intermediary organization, receiving benefits under chapter 2 who obtained the amendments made by paragraph (1). State, and national totals. a degree through such programs and the aver- (3) ANNUAL REPORT.—Section 249B(d) of the ‘‘(c) REPORT TO CONGRESS; PUBLICATION.— age duration of the participation of such work- Trade Act of 1974 (19 U.S.C. 2323(d)) is amended The Secretary shall— ers in training under section 236. by striking ‘‘December 15’’ and inserting ‘‘Feb- ‘‘(1) submit the report described in subsection ‘‘(F) The number of workers receiving benefits ruary 15’’. (a) to the Committee on Finance of the Senate under chapter 2 served by such programs who SEC. 217. EXTENSION. and the Committee on Ways and Means of the did not complete a degree and the average dura- Section 245(a) of the Trade Act of 1974 (19 House of Representatives; and tion of the participation of such workers in U.S.C. 2317(a)) is amended by striking ‘‘Feb- ‘‘(2) publish the report in the Federal Register training under section 236.’’. ruary 12, 2011’’ and inserting ‘‘December 31, and on the website of the Department of Com- (2) EFFECTIVE DATE.—The amendments made 2013’’. merce. by paragraph (1) shall— PART III—OTHER ADJUSTMENT ‘‘(d) PROTECTION OF CONFIDENTIAL INFORMA- (A) take effect on October 1, 2011; and ASSISTANCE TION.— (B) apply with respect to reports submitted N GENERAL SEC. 221. TRADE ADJUSTMENT ASSISTANCE FOR ‘‘(1) I .—The Secretary may not re- under subsection (e) of section 271 of the Trade FIRMS. lease information described in subsection (a) Act of 1974, as redesignated by subsection (a)(3), (a) ANNUAL REPORT.— that the Secretary considers to be confidential on or after October 1, 2012. (1) IN GENERAL.—Chapter 3 of title II of the business information unless the person submit- (c) CONFORMING AMENDMENTS.— Trade Act of 1974 (19 U.S.C. 2341 et seq.) is ting the confidential business information had (1) Section 271 of the Trade Act of 1974, as re- amended by inserting after section 255 the fol- notice, at the time of submission, that such in- designated by subsection (a)(3), is amended— lowing: formation would be released by the Secretary, or (A) in subsection (c)— such person subsequently consents to the release (i) in paragraph (4)— ‘‘SEC. 255A. ANNUAL REPORT ON TRADE ADJUST- (I) in subparagraph (A)— MENT ASSISTANCE FOR FIRMS. of the information. ULE OF CONSTRUCTION (aa) in clause (ii), by striking the semicolon ‘‘(a) IN GENERAL.—Not later than December ‘‘(2) R .—Nothing in this subsection shall be construed to prohibit the and inserting ‘‘; and’’; 15, 2012, and annually thereafter, the Secretary (bb) by striking clauses (iii) and (iv); and shall prepare a report containing data regarding Secretary from providing information the Sec- retary considers to be confidential business in- (cc) by redesignating clause (v) as clause (iii); the trade adjustment assistance for firms pro- (II) in subparagraph (B), by striking ‘‘(A)(v)’’ gram under this chapter for the preceding fiscal formation under paragraph (1) to a court in camera or to another party under a protective and inserting ‘‘(A)(iii)’’; and year. The data shall include the following: (ii) in paragraph (5)(A)— order issued by a court.’’. ‘‘(1) The number of firms that inquired about (I) in clause (i)— LERICAL AMENDMENT.—The table of con- the program. (2) C (aa) in the matter preceding subclause (I), by tents for the Trade Act of 1974 is amended by in- ‘‘(2) The number of petitions filed under sec- striking ‘‘, and other entities described in sec- serting after the item relating to section 255 the tion 251. tion 276(a)(2)(B)’’; and ‘‘(3) The number of petitions certified and de- following: (bb) in subclause (II), by striking the semi- nied by the Secretary. ‘‘Sec. 255A. Annual report on trade adjustment colon and inserting ‘‘; and’’; ‘‘(4) The average time for processing petitions assistance for firms.’’. (II) by striking clause (iii); and after the petitions are filed. (3) CONFORMING REPEAL.—Effective on the (B) in subsection (d), by striking paragraph ‘‘(5) The number of petitions filed and firms day after the date on which the Secretary of (2) and redesignating paragraph (3) as para- certified for each congressional district of the Commerce submits the report required by section graph (2). United States. 1866 of the Trade and Globalization Adjustment (2) Subsection (b) of section 272 of the Trade ‘‘(6) Of the number of petitions filed, the num- Assistance Act of 2009 (19 U.S.C. 2356) for fiscal Act of 1974, as redesignated by subsection (a)(3), ber of firms that entered the program and re- year 2011, such section is repealed. is amended by striking ‘‘278(a)(2)’’ and inserting ceived benefits. (b) EXTENSION.—Section 255(a) of the Trade ‘‘271(a)(2)’’. ‘‘(7) The number of firms that received assist- Act of 1974 (19 U.S.C. 2345(a)) is amended— (d) CLERICAL AMENDMENT.—The table of con- ance in preparing their petitions. (1) by striking ‘‘$50,000,000’’ and all that fol- tents for the Trade Act of 1974 is amended by ‘‘(8) The number of firms that received assist- lows through ‘‘February 12, 2011.’’ and inserting striking the items relating to chapter 4 of title II ance developing business recovery plans. ‘‘$16,000,000 for each of the fiscal years 2012 and and inserting the following:

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‘‘CHAPTER 4—TRADE ADJUSTMENT ASSISTANCE (2) by striking ‘‘not to exceed’’ and all that fore the worker makes the election described in FOR COMMUNITIES follows through ‘‘February 12, 2011’’ and insert- that subclause shall be included in any deter- ‘‘Sec. 271. Community College and Career ing ‘‘not to exceed $90,000,000 for each of the fis- mination of the maximum benefits for which the Training Grant Program. cal years 2012 and 2013, and $22,500,000 for the worker is eligible under the provisions of chap- ‘‘Sec. 272. Authorization of appropriations.’’. 3-month period beginning on October 1, 2013, ter 2 of title II of the Trade Act of 1974, as in SEC. 223. TRADE ADJUSTMENT ASSISTANCE FOR and ending on December 31, 2013’’. effect on the date of the enactment of this Act, FARMERS. PART IV—GENERAL PROVISIONS or as in effect on February 13, 2011, whichever is applicable after the election of the worker (a) ANNUAL REPORT.— SEC. 231. APPLICABILITY OF TRADE ADJUSTMENT (1) IN GENERAL.—Section 293(d) of the Trade ASSISTANCE PROVISIONS. under subclause (I). Act of 1974 (19 U.S.C. 2401b(d)) is amended to (a) TRADE ADJUSTMENT ASSISTANCE FOR (2) PETITIONS FILED BEFORE FEBRUARY 13, read as follows: WORKERS.— 2011.—A worker certified as eligible to apply for ‘‘(d) ANNUAL REPORT.—Not later than Janu- (1) PETITIONS FILED ON OR AFTER FEBRUARY 13, adjustment assistance pursuant to a petition ary 30 of each year, the Secretary shall submit 2011, AND BEFORE DATE OF ENACTMENT.— filed under section 221 of the Trade Act of 1974— to the Committee on Finance of the Senate and (A) CERTIFICATIONS OF WORKERS NOT CER- (A) on or after May 18, 2009, and on or before the Committee on Ways and Means of the House TIFIED BEFORE DATE OF ENACTMENT.— February 12, 2011, shall continue to be eligible to of Representatives a report containing the fol- (i) CRITERIA IF A DETERMINATION HAS NOT apply for and receive benefits under the provi- lowing information with respect to the trade ad- BEEN MADE.—If, as of the date of the enactment sions of chapter 2 of title II of such Act, as in justment assistance for farmers program under of this Act, the Secretary of Labor has not made effect on February 12, 2011; or this chapter during the preceding fiscal year: a determination with respect to whether to cer- (B) before May 18, 2009, shall continue to be ‘‘(1) A list of the agricultural commodities cov- tify a group of workers as eligible to apply for eligible to apply for and receive benefits under ered by a certification under this chapter. adjustment assistance under section 222 of the the provisions of chapter 2 of title II of such ‘‘(2) The States or regions in which agricul- Trade Act of 1974 pursuant to a petition de- Act, as in effect on May 17, 2009. tural commodities are produced and the aggre- scribed in clause (iii), the Secretary shall make (3) QUALIFYING SEPARATIONS WITH RESPECT TO gate amount of such commodities produced in that determination based on the requirements of PETITIONS FILED WITHIN 90 DAYS OF DATE OF EN- each such State or region. section 222 of the Trade Act of 1974, as in effect ACTMENT.—Section 223(b) of the Trade Act of ‘‘(3) The number of petitions filed. on such date of enactment. 1974, as in effect on the date of the enactment ‘‘(4) The number of petitions certified and de- (ii) RECONSIDERATION OF DENIALS OF CERTIFI- of this Act, shall be applied and administered by nied by the Secretary. CATIONS.—If, before the date of the enactment of substituting ‘‘before February 13, 2010’’ for ‘‘(5) The average time for processing petitions. this Act, the Secretary made a determination ‘‘more than one year before the date of the peti- ‘‘(6) The number of petitions filed and agricul- not to certify a group of workers as eligible to tion on which such certification was granted’’ tural commodity producers approved for each apply for adjustment assistance under section for purposes of determining whether a worker is congressional district of the United States. 222 of the Trade Act of 1974 pursuant to a peti- eligible to apply for adjustment assistance pur- ‘‘(7) Of the number of producers approved, the tion described in clause (iii), the Secretary suant to a petition filed under section 221 of the number of agricultural commodity producers shall— Trade Act of 1974 on or after the date of the en- that entered the program and received benefits. (I) reconsider that determination; and actment of this Act and on or before the date ‘‘(8) The number of agricultural commodity (II) if the group of workers meets the require- that is 90 days after such date of enactment. producers that completed initial technical assist- ments of section 222 of the Trade Act of 1974, as (b) TRADE ADJUSTMENT ASSISTANCE FOR ance. in effect on such date of enactment, certify the FIRMS.— ‘‘(9) The number of agricultural commodity group of workers as eligible to apply for adjust- (1) CERTIFICATION OF FIRMS NOT CERTIFIED producers that completed intensive technical as- ment assistance. BEFORE DATE OF ENACTMENT.— sistance. (iii) PETITION DESCRIBED.—A petition de- (A) CRITERIA IF A DETERMINATION HAS NOT ‘‘(10) The number of initial business plans ap- scribed in this clause is a petition for a certifi- BEEN MADE.—If, as of the date of the enactment proved and denied by the Secretary. cation of eligibility for a group of workers filed of this Act, the Secretary of Commerce has not ‘‘(11) The number of long-term business plans under section 221 of the Trade Act of 1974 on or made a determination with respect to whether to approved and denied by the Secretary. after February 13, 2011, and before the date of certify a firm as eligible to apply for adjustment ‘‘(12) The total number of agricultural com- the enactment of this Act. assistance under section 251 of the Trade Act of modity producers, by congressional district, re- (B) ELIGIBILITY FOR BENEFITS.— 1974 pursuant to a petition described in sub- ceiving initial technical assistance and intensive (i) IN GENERAL.—Except as provided in clause paragraph (C), the Secretary shall make that technical assistance, respectively, under this (ii), a worker certified as eligible to apply for determination based on the requirements of sec- chapter. adjustment assistance under section 222 of the tion 251 of the Trade Act of 1974, as in effect on ‘‘(13) The types of initial technical assistance Trade Act of 1974 pursuant to a petition de- such date of enactment. received by agricultural commodity producers scribed in subparagraph (A)(iii) shall be eligible, (B) RECONSIDERATION OF DENIAL OF CERTAIN participating in the program. on and after the date that is 60 days after the PETITIONS.—If, before the date of the enactment ‘‘(14) The types of intensive technical assist- date of the enactment of this Act, to receive ben- of this Act, the Secretary made a determination ance received by agricultural commodity pro- efits only under the provisions of chapter 2 of not to certify a firm as eligible to apply for ad- ducers participating in the program. title II of the Trade Act of 1974, as in effect on justment assistance under section 251 of the ‘‘(15) The number of agricultural commodity such date of enactment. Trade Act of 1974 pursuant to a petition de- producers leaving the program before completing (ii) ELECTION FOR WORKERS RECEIVING BENE- scribed in subparagraph (C), the Secretary the projects in their long-term business plans FITS ON THE 60TH DAY AFTER ENACTMENT.— shall— and the reason those projects were not com- (I) IN GENERAL.—A worker certified as eligible (i) reconsider that determination; and pleted. to apply for adjustment assistance under section ‘‘(16) The total number of agricultural com- 222 of the Trade Act of 1974 pursuant to a peti- (ii) if the firm meets the requirements of sec- modity producers, by congressional district, re- tion described in subparagraph (A)(iii) who is tion 251 of the Trade Act of 1974, as in effect on ceiving benefits under this chapter. receiving benefits under chapter 2 of title II of such date of enactment, certify the firm as eligi- ‘‘(17) The average duration of benefits re- the Trade Act of 1974 as of the date that is 60 ble to apply for adjustment assistance. ceived under this chapter. days after the date of the enactment of this Act (C) PETITION DESCRIBED.—A petition described ‘‘(18) The number of agricultural commodity may, not later than the date that is 150 days in this subparagraph is a petition for a certifi- producers in operation as of the date of the re- after such date of enactment, make a one-time cation of eligibility filed by a firm or its rep- port and the number of agricultural commodity election to receive benefits pursuant to— resentative under section 251 of the Trade Act of producers that ceased operations after com- (aa) the provisions of chapter 2 of title II of 1974 on or after February 13, 2011, and before pleting the program and in the 1-year period fol- the Trade Act of 1974, as in effect on such date the date of the enactment of this Act. lowing completion of the program. of enactment; or (2) CERTIFICATION OF FIRMS THAT DID NOT ‘‘(19) The number of agricultural commodity (bb) the provisions of chapter 2 of title II of SUBMIT PETITIONS BETWEEN FEBRUARY 13, 2011, producers that report that such producers re- the Trade Act of 1974, as in effect on February AND DATE OF ENACTMENT.— ceived benefits under a prior certification issued 13, 2011. (A) IN GENERAL.—The Secretary of Commerce under this chapter in any of the 10 fiscal years (II) EFFECT OF FAILURE TO MAKE ELECTION.— shall certify a firm described in subparagraph preceding the date of the report.’’. A worker described in subclause (I) who does (B) as eligible to apply for adjustment assistance (2) EFFECTIVE DATE.—The amendment made not make the election described in that sub- under section 251 of the Trade Act of 1974, as in by paragraph (1) shall— clause on or before the date that is 150 days effect on the date of the enactment of this Act, (A) take effect on October 1, 2011; and after the date of the enactment of this Act shall if the firm or its representative files a petition (B) apply with respect to reports submitted be eligible to receive benefits only under the pro- for a certification of eligibility under section 251 under section 293(d) of the Trade Act of 1974 (19 visions of chapter 2 of title II of the Trade Act of the Trade Act of 1974 not later than 90 days U.S.C. 2401b(d)) on or after October 1, 2012. of 1974, as in effect on February 13, 2011. after such date of enactment. (b) EXTENSION.—Section 298(a) of the Trade (III) COMPUTATION OF MAXIMUM BENEFITS.— (B) FIRM DESCRIBED.—A firm described in this Act of 1974 (19 U.S.C. 2401g(a)) is amended— Benefits received by a worker described in sub- subparagraph is a firm that the Secretary deter- (1) by striking ‘‘and there are appropriated’’; clause (I) under chapter 2 of title II of the Trade mines would have been certified as eligible to and Act of 1974, as in effect on February 13, 2011, be- apply for adjustment assistance if—

VerDate Mar 15 2010 02:09 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 6333 E:\CR\FM\A22SE6.022 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5889 (i) the firm or its representative had filed a pe- ber 31, 2014’’ for ‘‘the date that is 5 years’’ and (C) Section 7527(e) of such Code is amended by tition for a certification of eligibility under sec- all that follows through ‘‘State’’; striking ‘‘80 percent’’ and inserting ‘‘72.5 per- tion 251 of the Trade Act of 1974 on a date dur- (5) section 256(b) of that Act shall be applied cent’’. ing the period beginning on February 13, 2011, and administered by substituting ‘‘the 1-year (D) Section 7527(e) of such Code is amended and ending on the day before the date of the en- period beginning on January 1, 2014’’ for ‘‘each by striking ‘‘In the case of eligible coverage actment of this Act; and of fiscal years 2003 through 2007, and $4,000,000 months beginning before February 13, 2011—’’. (ii) the provisions of chapter 3 of title II of the for the 3-month period beginning on October 1, (3) EXTENSION OF CERTAIN OTHER RELATED Trade Act of 1974, as in effect on such date of 2007’’; PROVISIONS.— enactment, had been in effect on that date dur- (6) section 298(a) of that Act shall be applied (A) Section 35(c)(2)(B) of such Code is amend- ing the period described in clause (i). and administered by substituting ‘‘the 1-year ed by striking ‘‘and before February 13, 2011’’. SEC. 232. TERMINATION PROVISIONS. period beginning on January 1, 2014’’ for ‘‘each (B) Section 35(e)(1)(K) of such Code is amend- Section 285 of the Trade Act of 1974 (19 U.S.C. of the fiscal years’’ and all that follows through ed by striking ‘‘In the case of eligible coverage 2271 note) is amended— ‘‘October 1, 2007’’; and months beginning before February 13, 2012, cov- (1) by striking ‘‘February 12, 2011’’ each place (7) section 285 of that Act shall be applied and erage’’ and inserting ‘‘Coverage’’. it appears and inserting ‘‘December 31, 2013’’; administered— (C) Section 35(g)(9) of such Code, as added by (2) in subsection (a)(2)— (A) in subsection (a), by substituting ‘‘2014’’ section 1899E(a) of the American Recovery and (A) in the matter preceding subparagraph (A), for ‘‘2007’’ each place it appears; and Reinvestment Tax Act of 2009 (relating to con- by striking ‘‘that chapter’’ and all that follows (B) by applying and administering subsection tinued qualification of family members after cer- through ‘‘the worker is—’’ and inserting ‘‘that (b) as if it read as follows: tain events), is amended by striking ‘‘In the case chapter if the worker is—’’; and ‘‘(b) OTHER ASSISTANCE.— of eligible coverage months beginning before (B) in subparagraph (A), by striking ‘‘peti- ‘‘(1) ASSISTANCE FOR FIRMS.— February 13, 2011—’’. tions’’ and inserting ‘‘a petition’’; and ‘‘(A) IN GENERAL.—Except as provided in sub- (D) Section 173(f)(8) of the Workforce Invest- (3) in subsection (b)— paragraph (B), assistance may not be provided ment Act of 1998 is amended by striking ‘‘In the (A) in paragraph (1)(B), in the matter pre- under chapter 3 after December 31, 2014. case of eligible coverage months beginning be- ceding clause (i), by inserting ‘‘pursuant to a ‘‘(B) EXCEPTION.—Notwithstanding subpara- fore February 13, 2011—’’. petition filed under section 251’’ after ‘‘chapter graph (A), any assistance approved under chap- (c) EFFECTIVE DATES.— 3’’; ter 3 on or before December 31, 2014, may be pro- (1) IN GENERAL.—Except as otherwise provided (B) in paragraph (2)(B), in the matter pre- vided— in this subsection, the amendments made by this ceding clause (i), by inserting ‘‘pursuant to a ‘‘(i) to the extent funds are available pursuant section shall apply to coverage months begin- petition filed under section 292’’ after ‘‘chapter to such chapter for such purpose; and ning after February 12, 2011. 6’’; and ‘‘(ii) to the extent the recipient of the assist- (2) ADVANCE PAYMENT PROVISIONS.— (C) by striking paragraph (3). ance is otherwise eligible to receive such assist- (A) The amendment made by subsection SEC. 233. SUNSET PROVISIONS. ance. (b)(2)(B) shall apply to certificates issued after ‘‘(2) FARMERS.— (a) APPLICATION OF PRIOR LAW.—Subject to the date which is 30 days after the date of the ‘‘(A) IN GENERAL.—Except as provided in sub- subsection (b), beginning on January 1, 2014, enactment of this Act. paragraph (B), assistance may not be provided the provisions of chapters 2, 3, 5, and 6 of title (B) The amendment made by subsection under chapter 6 after December 31, 2014. II of the Trade Act of 1974 (19 U.S.C. 2271 et (b)(2)(D) shall apply to coverage months begin- ‘‘(B) EXCEPTION.—Notwithstanding subpara- seq.), as in effect on February 13, 2011, shall ning after the date which is 30 days after the graph (A), any assistance approved under chap- date of the enactment of this Act. apply, except that in applying and admin- ter 6 on or before December 31, 2014, may be pro- istering such chapters— SEC. 242. TAA PRE-CERTIFICATION PERIOD RULE vided— FOR PURPOSES OF DETERMINING (1) paragraph (1) of section 231(c) of that Act ‘‘(i) to the extent funds are available pursuant shall be applied and administered as if subpara- WHETHER THERE IS A 63-DAY LAPSE to such chapter for such purpose; and IN CREDITABLE COVERAGE. graphs (A), (B), and (C) of that paragraph were ‘‘(ii) to the extent the recipient of the assist- not in effect; (a) IN GENERAL.—The following provisions are ance is otherwise eligible to receive such assist- each amended by striking ‘‘February 13, 2011’’ (2) section 233 of that Act shall be applied and ance.’’. administered— and inserting ‘‘January 1, 2014’’: (b) EXCEPTIONS.—The provisions of chapters (1) Section 9801(c)(2)(D) of the Internal Rev- (A) in subsection (a)— 2, 3, 5, and 6 of title II of the Trade Act of 1974, (i) in paragraph (2), by substituting ‘‘104-week enue Code of 1986. as in effect on the date of the enactment of this (2) Section 701(c)(2)(C) of the Employee Retire- period’’ for ‘‘104-week period’’ and all that fol- Act, shall continue to apply on and after Janu- lows through ‘‘130-week period)’’; and ment Income Security Act of 1974 (29 U.S.C. ary 1, 2014, with respect to— 1181(c)(2)(C)). (ii) in paragraph (3)— (1) workers certified as eligible for trade ad- (I) in the matter preceding subparagraph (A), (3) Section 2701(c)(2)(C) of the Public Health justment assistance benefits under chapter 2 of Service Act (as in effect for plan years begin- by substituting ‘‘65’’ for ‘‘52’’; and title II of that Act pursuant to petitions filed (II) by substituting ‘‘78-week period’’ for ‘‘52- ning before January 1, 2014). under section 221 of that Act before January 1, week period’’ each place it appears; and (4) Section 2704(c)(2)(C) of the Public Health 2014; (B) by applying and administering subsection Service Act (as in effect for plan years begin- (2) firms certified as eligible for technical as- (g) as if it read as follows: ning on or after January 1, 2014). sistance or grants under chapter 3 of title II of ‘‘(g) PAYMENT OF TRADE READJUSTMENT AL- (b) EFFECTIVE DATE.— that Act pursuant to petitions filed under sec- LOWANCES TO COMPLETE TRAINING.—Notwith- (1) IN GENERAL.—The amendments made by tion 251 of that Act before January 1, 2014; and standing any other provision of this section, in this section shall apply to plan years beginning (3) agricultural commodity producers certified order to assist an adversely affected worker to after February 12, 2011. as eligible for technical or financial assistance complete training approved for the worker (2) TRANSITIONAL RULES.— under chapter 6 of title II of that Act pursuant under section 236 that leads to the completion of (A) BENEFIT DETERMINATIONS.—Notwith- to petitions filed under section 292 of that Act a degree or industry-recognized credential, pay- standing the amendments made by this section before January 1, 2014. ments may be made as trade readjustment allow- (and the provisions of law amended thereby), a ances for not more than 13 weeks within such Subtitle B—Health Coverage Improvement plan shall not be required to modify benefit de- period of eligibility as the Secretary may pre- SEC. 241. HEALTH CARE TAX CREDIT. terminations for the period beginning on Feb- scribe to account for a break in training or for (a) TERMINATION OF CREDIT.—Subparagraph ruary 13, 2011, and ending 30 days after the date justifiable cause that follows the last week for (B) of section 35(b)(1) of the Internal Revenue of the enactment of this Act, but a plan shall which the worker is otherwise entitled to a trade Code of 1986 is amended by inserting ‘‘, and be- not fail to be qualified health insurance within readjustment allowance under this chapter if— fore January 1, 2014’’ before the period. the meaning of section 35(e) of the Internal Rev- ‘‘(1) payment of the trade readjustment allow- (b) EXTENSION THROUGH CREDIT TERMINATION enue Code of 1986 during this period merely due ance for not more than 13 weeks is necessary for DATE OF CERTAIN EXPIRED CREDIT PROVI- to such failure to modify benefit determinations. the worker to complete the training; SIONS.— (B) GUIDANCE CONCERNING PERIODS BEFORE 30 ‘‘(2) the worker participates in training in (1) PARTIAL EXTENSION OF INCREASED CREDIT DAYS AFTER ENACTMENT.—Except as provided in each such week; and RATE.—Section 35(a) of such Code is amended by subparagraph (A), the Secretary of the Treasury ‘‘(3) the worker— striking ‘‘65 percent (80 percent in the case of el- (or his designee), in consultation with the Sec- ‘‘(A) has substantially met the performance igible coverage months beginning before Feb- retary of Health and Human Services and the benchmarks established as part of the training ruary 13, 2011)’’ and inserting ‘‘72.5 percent’’. Secretary of Labor, may issue regulations or approved for the worker; (2) EXTENSION OF ADVANCE PAYMENT PROVI- other guidance regarding the scope of the appli- ‘‘(B) is expected to continue to make progress SIONS.— cation of the amendments made by this section toward the completion of the training; and (A) Section 7527(b) of such Code is amended to periods before the date which is 30 days after ‘‘(C) will complete the training during that by striking ‘‘65 percent (80 percent in the case of the date of the enactment of this Act. period of eligibility.’’; eligible coverage months beginning before Feb- (C) SPECIAL RULE RELATING TO CERTAIN LOSS (3) section 245 of that Act shall be applied and ruary 13, 2011)’’ and inserting ‘‘72.5 percent’’. OF COVERAGE.—In the case of a TAA-related loss administered by substituting ‘‘2014’’ for ‘‘2007’’; (B) Section 7527(d)(2) of such Code is amended of coverage (as defined in section (4) section 246(b)(1) of that Act shall be ap- by striking ‘‘which is issued before February 13, 4980B(f)(5)(C)(iv) of the Internal Revenue Code plied and administered by substituting ‘‘Decem- 2011’’. of 1986) that occurs during the period beginning

VerDate Mar 15 2010 02:09 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 6333 E:\CR\FM\A22SE6.022 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5890 CONGRESSIONAL RECORD — SENATE September 22, 2011 on February 13, 2011, and ending 30 days after (G) any other Federal program providing for year legislative session, each year of the session the date of the enactment of this Act, the 7-day the payment of unemployment compensation. is deemed to be a separate regular session of the period described in section 9801(c)(2)(D) of the (c) EFFECTIVE DATE.— State legislature. Internal Revenue Code of 1986, section (1) IN GENERAL.—Except as provided in para- PART II—ADDITIONAL OFFSETS 701(c)(2)(C) of the Employee Retirement Income graph (2), the amendments made by this section SEC. 261. IMPROVEMENTS TO CONTRACTS WITH Security Act of 1974, and section 2701(c)(2)(C) of shall apply to erroneous payments established MEDICARE QUALITY IMPROVEMENT the Public Health Service Act shall be extended after the end of the 2-year period beginning on ORGANIZATIONS (QIOS) IN ORDER until 30 days after such date of enactment. the date of the enactment of this Act. TO IMPROVE THE QUALITY OF CARE SEC. 243. EXTENSION OF COBRA BENEFITS FOR (2) AUTHORITY.—A State may amend its State FURNISHED TO MEDICARE BENE- CERTAIN TAA-ELIGIBLE INDIVID- law to apply such amendments to erroneous FICIARIES. UALS AND PBGC RECIPIENTS. payments established prior to the end of the pe- (a) AUTHORITY TO CONTRACT WITH A BROAD (a) IN GENERAL.—The following provisions are riod described in paragraph (1). RANGE OF ENTITIES.— (1) DEFINITION.—Section 1152 of the Social Se- each amended by striking ‘‘February 12, 2011’’ SEC. 252. PROHIBITION ON NONCHARGING DUE and inserting ‘‘January 1, 2014’’: TO EMPLOYER FAULT. curity Act (42 U.S.C. 1320c–1) is amended by striking paragraphs (1) and (2) and inserting (1) Section 602(2)(A)(v) of the Employee Re- (a) IN GENERAL.—Section 3303 of the Internal tirement Income Security Act of 1974 (29 U.S.C. Revenue Code of 1986 is amended— the following new paragraphs: ‘‘(1) is able, as determined by the Secretary, to 1162(2)(A)(v)). (1) by striking subsections (f) and (g); and perform its functions under this part in a man- (2) Section 602(2)(A)(vi) of such Act (29 U.S.C. (2) by inserting after subsection (e) the fol- ner consistent with the efficient and effective 1162(2)(A)(vi)). lowing new subsection: (3) Section 4980B(f)(2)(B)(i)(V) of the Internal administration of this part and title XVIII; ‘‘(f) PROHIBITION ON NONCHARGING DUE TO Revenue Code of 1986. ‘‘(2) has at least one individual who is a rep- EMPLOYER FAULT.— (4) Section 4980B(f)(2)(B)(i)(VI) of such Code. resentative of health care providers on its gov- ‘‘(1) IN GENERAL.—A State law shall be treated (5) Section 2202(2)(A)(iv) of the Public Health erning body; and’’. as meeting the requirements of subsection (a)(1) Service Act (42 U.S.C. 300bb–2(2)(A)(iv)). (2) NAME CHANGE.—Part B of title XI of the (b) EFFECTIVE DATE.—The amendments made only if such law provides that an employer’s ac- Social Security Act (42 U.S.C. 1320c et seq.) is by this section shall apply to periods of coverage count shall not be relieved of charges relating to amended— which would (without regard to the amend- a payment from the State unemployment fund if (A) in the headings for sections 1152 and 1153, ments made by this section) end on or after the the State agency determines that— by striking ‘‘UTILIZATION AND QUALITY CONTROL date which is 30 days after the date of the en- ‘‘(A) the payment was made because the em- PEER REVIEW’’ and inserting ‘‘QUALITY IMPROVE- actment of this Act. ployer, or an agent of the employer, was at fault MENT’’; for failing to respond timely or adequately to Subtitle C—Offsets (B) in the heading for section 1154, by striking the request of the agency for information relat- ‘‘PEER REVIEW’’ and inserting ‘‘QUALITY IM- PART I—UNEMPLOYMENT COMPENSATION ing to the claim for compensation; and PROVEMENT’’; and PROGRAM INTEGRITY ‘‘(B) the employer or agent has established a (C) by striking ‘‘utilization and quality con- SEC. 251. MANDATORY PENALTY ASSESSMENT ON pattern of failing to respond timely or ade- trol peer review’’ and ‘‘peer review’’ each place FRAUD CLAIMS. quately to such requests. it appears before ‘‘organization’’ or ‘‘organiza- (a) IN GENERAL.—Section 303(a) of the Social ‘‘(2) STATE AUTHORITY TO IMPOSE STRICTER tions’’ and inserting ‘‘quality improvement’’. Security Act (42 U.S.C. 503(a)) is amended— STANDARDS.—Nothing in paragraph (1) shall (3) CONFORMING AMENDMENTS TO THE MEDI- (1) in paragraph (10), by striking the period at limit the authority of a State to provide that an CARE PROGRAM.—Title XVIII of the Social Secu- the end of subparagraph (B) and inserting ‘‘; employer’s account not be relieved of charges re- rity Act (42 U.S.C. 1395 et seq.) is amended— and’’; and lating to a payment from the State unemploy- (A) by striking ‘‘utilization and quality con- (2) by adding at the end the following new ment fund for reasons other than the reasons trol peer review’’ and inserting ‘‘quality im- paragraph: described in subparagraphs (A) and (B) of such provement’’ each place it appears; ‘‘(11)(A) At the time the State agency deter- paragraph, such as after the first instance of a (B) by striking ‘‘quality control and peer re- mines an erroneous payment from its unemploy- failure to respond timely or adequately to re- view’’ and inserting ‘‘quality improvement’’ ment fund was made to an individual due to quests described in paragraph (1)(A).’’. each place it appears; fraud committed by such individual, the assess- (b) EFFECTIVE DATE.— (C) in paragraphs (1)(A)(iii)(I) and (2) of sec- ment of a penalty on the individual in an (1) IN GENERAL.—Except as provided in para- tion 1842(l), by striking ‘‘peer review organiza- amount of not less than 15 percent of the graph (2), the amendments made by this section tion’’ and inserting ‘‘quality improvement orga- amount of the erroneous payment; and shall apply to erroneous payments established nization’’; ‘‘(B) The immediate deposit of all assessments after the end of the 2-year period beginning on (D) in subparagraphs (A) and (B) of section paid pursuant to subparagraph (A) into the un- the date of the enactment of this Act. 1866(a)(3), by striking ‘‘peer review’’ and insert- employment fund of the State.’’. (2) AUTHORITY.—A State may amend its State ing ‘‘quality improvement’’; PPLICATION TO FEDERAL PAYMENTS.— (b) A law to apply such amendments to erroneous (E) in section 1867(d)(3), in the heading, by (1) IN GENERAL.—As a condition for admin- payments established prior to the end of the pe- striking ‘‘PEER REVIEW’’ and inserting ‘‘QUALITY istering any unemployment compensation pro- riod described in paragraph (1). IMPROVEMENT’’; and gram of the United States (as defined in para- (F) in section 1869(c)(3)(G), by striking ‘‘peer graph (2)) as an agent of the United States, if SEC. 253. REPORTING OF REHIRED EMPLOYEES review organizations’’ and inserting ‘‘quality TO THE DIRECTORY OF NEW HIRES. the State determines that an erroneous payment improvement organizations’’. (a) DEFINITION OF NEWLY HIRED EMPLOYEE.— was made by the State to an individual under (b) IMPROVEMENTS WITH RESPECT TO THE Section 453A(a)(2) of the Social Security Act (42 any such program due to fraud committed by CONTRACT.— such individual, the State shall assess a penalty U.S.C. 653a(a)(2)) is amended by adding at the (1) FLEXIBILITY WITH RESPECT TO THE GEO- on such individual and deposit any such pen- end the following: GRAPHIC SCOPE OF CONTRACTS.—Section 1153 of alty received in the same manner as the State ‘‘(C) NEWLY HIRED EMPLOYEE.—The term the Social Security Act (42 U.S.C. 1320c–2) is assesses and deposits such penalties under pro- ‘newly hired employee’ means an employee amended— visions of State law implementing section who— (A) by striking subsection (a) and inserting 303(a)(11) of the Social Security Act, as added ‘‘(i) has not previously been employed by the the following new subsection: by subsection (a). employer; or ‘‘(a) The Secretary shall establish throughout (2) DEFINITION.—For purposes of this sub- ‘‘(ii) was previously employed by the employer the United States such local, State, regional, section, the term ‘‘unemployment compensation but has been separated from such prior employ- national, or other geographic areas as the Sec- program of the United States’’ means— ment for at least 60 consecutive days.’’. retary determines appropriate with respect to (A) unemployment compensation for Federal (b) EFFECTIVE DATE.— which contracts under this part will be made.’’; civilian employees under subchapter I of chap- (1) IN GENERAL.—Subject to paragraph (2), the (B) in subsection (b)(1), as amended by sub- ter 85 of title 5, United States Code; amendments made by this section shall take ef- section (a)(2)— (B) unemployment compensation for ex- fect 6 months after the date of the enactment of (i) in the first sentence, by striking ‘‘a con- servicemembers under subchapter II of chapter this Act. tract with a quality improvement organization’’ 85 of title 5, United States Code; (2) COMPLIANCE TRANSITION PERIOD.—If the and inserting ‘‘contracts with one or more qual- (C) trade readjustment allowances under sec- Secretary of Health and Human Services deter- ity improvement organizations’’; and tions 231 through 234 of the Trade Act of 1974 mines that State legislation (other than legisla- (ii) in the second sentence, by striking ‘‘meets (19 U.S.C. 2291–2294); tion appropriating funds) is required in order the requirements’’ and all that follows before (D) disaster unemployment assistance under for a State plan under part D of title IV of the the period at the end and inserting ‘‘will be op- section 410(a) of the Robert T. Stafford Disaster Social Security Act to meet the additional re- erating in an area, the Secretary shall ensure Relief and Emergency Assistance Act (42 U.S.C. quirement imposed by the amendment made by that there is no duplication of the functions car- 5177(a)); subsection (a), the plan shall not be regarded as ried out by such organizations within the area’’; (E) any Federal temporary extension of unem- failing to meet such requirement before the first (C) in subsection (b)(2)(B), by inserting ‘‘or ployment compensation; day of the second calendar quarter beginning the Secretary determines that there is a more (F) any Federal program which increases the after the close of the first regular session of the qualified entity to perform one or more of the weekly amount of unemployment compensation State legislature that begins after the effective functions in section 1154(a)’’ after ‘‘under this payable to individuals; and date of such amendment. If the State has a 2- part’’;

VerDate Mar 15 2010 03:03 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 6333 E:\CR\FM\A22SE6.022 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5891 (D) in subsection (b)(3)— before the period at the end and inserting ‘‘on- (B) No interest may be assessed with respect to (i) in subparagraph (A), by striking ‘‘, or asso- site review activities as the Secretary determines any such underpayment that was based on the ciation of such facilities,’’; and appropriate’’. amount of fees paid for merchandise entered on (ii) in subparagraph (B)— (B) by striking subsection (d) and redesig- or after October 1, 2012, and before November 12, (I) by striking ‘‘or association of such facili- nating subsections (b) and (c) as subsections (c) 2012. ties’’; and and (d), respectively; and (II) by striking ‘‘or associations’’; and (C) by inserting after subsection (a) the fol- f (E) by striking subsection (i). lowing new subsection: (2) EXTENSION OF LENGTH OF CONTRACTS.— ‘‘(b) A quality improvement organization en- Section 1153(c)(3) of the Social Security Act (42 tering into a contract with the Secretary to per- MORNING BUSINESS U.S.C. 1320c–2(c)(3)) is amended— form a function described in a paragraph under (A) by striking ‘‘three years’’ and inserting subsection (a) must perform all of the activities The PRESIDING OFFICER. The Sen- ‘‘five years’’; and described in such paragraph, except to the ex- ator from Vermont. (B) by striking ‘‘on a triennial basis’’ and in- tent otherwise negotiated with the Secretary Mr. LEAHY. Madam President, I ask serting ‘‘for terms of five years’’. pursuant to the contract or except for a func- (3) AUTHORITY TO TERMINATE IN A MANNER unanimous consent that the Senate tion for which the Secretary determines it is not proceed to a period of morning busi- CONSISTENT WITH THE FEDERAL ACQUISITION REG- appropriate for the organization to perform, ULATION.—Section 1153 of the Social Security such as a function that could cause a conflict of ness, with Senator MORAN to be recog- Act (42 U.S.C. 1320c–2) is amended— interest with another function.’’. nized for up to 10 minutes; that fol- (A) in subsection (b), by adding at the end the (d) QUALITY IMPROVEMENT AS SPECIFIED lowing his remarks that the Senate re- following new paragraph: FUNCTION.—Section 1154(a) of the Social Secu- cess subject to the call of the Chair. ‘‘(4) The Secretary may consider a variety of rity Act (42 U.S.C. 1320c–3(a)) is amended by factors in selecting the contractors that the Sec- The PRESIDING OFFICER. Without adding at the end the following new paragraph: retary determines would provide for the most ef- ‘‘(18) The organization shall perform, subject objection, it is so ordered. ficient and effective administration of this part, to the terms of the contract, such other activities The Senator from Kansas. such as geographic location, size, and prior ex- as the Secretary determines may be necessary perience in health care quality improvement. for the purposes of improving the quality of care f Quality improvement organizations operating as furnished to individuals with respect to items of January 1, 2012, shall be allowed to compete and services for which payment may be made for new contracts (as determined appropriate by under title XVIII.’’. MIDDLE EAST PEACE the Secretary) along with other qualified orga- (e) EFFECTIVE DATE.—The amendments made nizations and are eligible for renewal of con- by this section shall apply to contracts entered Mr. MORAN. Madam President, this tracts for terms five years thereafter (as deter- into or renewed on or after January 1, 2012. is a historically significant week for mined appropriate by the Secretary).’’; SEC. 262. RATES FOR MERCHANDISE PROCESSING the United States and for all those who (B) in subsection (c), by striking paragraphs FEES. care about peace and stability in the (4) through (6) and redesignating paragraphs (a) FEES FOR PERIOD FROM JULY 1, 2014, TO Middle East. As we know, it is a region (7) and (8) as paragraphs (4) and (5), respec- NOVEMBER 30, 2015.—For the period beginning that is already roiled by protests and tively; and on July 1, 2014, and ending on November 30, (C) by striking subsection (d). war and faces the prospect now of even 2015, section 13031(a)(9) of the Consolidated Om- (4) ADMINISTRATIVE IMPROVEMENT.—Section more tension, more uncertainty, and nibus Budget Reconciliation Act of 1985 (19 1153(c)(5) of the Social Security Act (42 U.S.C. U.S.C. 58c(a)(9)) shall be applied and adminis- potentially more violence. 1320c–2(c)(5)), as redesignated by this sub- tered— We know this to be the case if the section, is amended to read as follows: ‘‘(5) reimbursement shall be made to the orga- (1) in subparagraph (A), by substituting Palestinian Authority’s President nization on a monthly basis, with payments for ‘‘0.3464’’ for ‘‘0.21’’; and Abbas goes forward with his plan to (2) in subparagraph (B)(i), by substituting any month being made consistent with the Fed- seek recognition of Palestinian state- ‘‘0.3464’’ for ‘‘0.21’’. eral Acquisition Regulation.’’. hood at the United Nations in New (b) FEES FOR PERIOD FROM OCTOBER 1, 2016, (c) AUTHORITY FOR QUALITY IMPROVEMENT TO SEPTEMBER 30, 2019.—For the period begin- York. We have known for some time ORGANIZATIONS TO PERFORM SPECIALIZED ning on October 1, 2016, and ending on Sep- that this was coming and, thankfully, FUNCTIONS AND TO ELIMINATE CONFLICTS OF IN- tember 30, 2019, section 13031(a)(9) of the Con- the U.S. Government has expressed op- TEREST.—Part B of title XI of the Social Secu- solidated Omnibus Budget Reconciliation Act of rity Act (42 U.S.C. 1320c et seq.) is amended— position to this ill-conceived idea, and (1) in section 1153— 1985 (19 U.S.C. 58c(a)(9)) shall be applied and the administration plans to direct a (A) in subsection (b)(1), as amended by sub- administered— veto of the measure. (1) in subparagraph (A), by substituting section (b)(1)(B), by inserting after the first sen- Our government has also worked to tence the following new sentence: ‘‘In entering ‘‘0.1740’’ for ‘‘0.21’’; and (2) in subparagraph (B)(i), by substituting persuade other nations to join us in op- into contracts with such qualified organiza- ‘‘0.1740’’ for ‘‘0.21’’. tions, the Secretary shall, to the extent appro- posing the Palestinian statehood bid. priate, seek to ensure that each of the functions SEC. 263. TIME FOR REMITTING CERTAIN MER- But I am afraid we have not done described in section 1154(a) are carried out with- CHANDISE PROCESSING FEES. enough to convince the Palestinians in an area established under subsection (a).’’; (a) IN GENERAL.—Notwithstanding any other there will be consequences for their ac- and provision of law, any fees authorized under tions. paragraphs (9) and (10) of section 13031(a) of (B) in subsection (c)(1), by striking ‘‘the func- By pursuing recognition of a state at tions set forth in section 1154(a), or may sub- the Consolidated Omnibus Budget Reconcili- contract for the performance of all or some of ation Act of 1985 (19 U.S.C. 58c(a) (9) and (10)) the U.N., President Abbas is choosing such functions’’ and inserting ‘‘a function or with respect to processing merchandise entered confrontation rather than negotiations functions under section 1154 directly or may on or after October 1, 2012, and before November with Israel. In doing so, he is violating subcontract for the performance of all or some of 12, 2012, shall be paid not later than September the Oslo peace agreements signed 18 such function or functions’’; and 25, 2012, in an amount equivalent to the amount years ago which state that the conflict (2) in section 1154— of such fees paid by the person responsible for such fees with respect to merchandise entered on between Israel and the Palestinians (A) in subsection (a)— must be solved through direct negotia- (i) in the matter preceding paragraph (1)— or after October 1, 2011, and before November 12, (I) by striking ‘‘Any’’ and inserting ‘‘Subject 2011, as determined by the Secretary of the tions between the two parties. Direct to subsection (b), any’’; and Treasury. negotiations are not just the best way (II) by inserting ‘‘one or more of’’ before ‘‘the (b) RECONCILIATION OF MERCHANDISE PROC- to achieve peace, they are the only way following functions’’; ESSING FEES.— to achieve lasting peace. (ii) in paragraph (4), by striking subpara- (1) IN GENERAL.—Not later than December 12, graph (C); 2012, the Secretary of the Treasury shall rec- Direct negotiations are meant to (iii) by inserting after paragraph (11) the fol- oncile the fees paid pursuant to subsection (a) bring the two sides to the finish line, lowing new paragraph: with the fees for services actually provided on or where all the final status issues, in- ‘‘(12) As part of the organization’s review re- after October 1, 2012, and before November 12, cluding borders, can be resolved. By re- sponsibility under paragraph (1), the organiza- 2012. jecting negotiations with Israel and ap- tion shall review all ambulatory surgical proce- (2) REFUNDS OF OVERPAYMENTS.— pealing to the U.N., the Palestinians dures specified pursuant to section 1833(i)(1)(A) (A) After making the reconciliation required are trying to make the previous which are performed in the area, or, at the dis- under paragraph (1), the Secretary of the Treas- cretion of the Secretary, a sample of such proce- ury shall refund with interest any overpayment agreed-upon finish line the new start dures.’’; and of such fees made under subsection (a) and line. If President Abbas pursues state- (iv) in paragraph (15), by striking ‘‘significant make proper adjustments with respect to any hood this week at the U.N., the Pal- on-site review activities’’ and all that follows underpayment of such fees. estinians will find it more difficult to

VerDate Mar 15 2010 03:05 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.022 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5892 CONGRESSIONAL RECORD — SENATE September 22, 2011 compromise in the future, given the ness, with Senators permitted to speak veto power might not be enough to terms of the state they are seeking rec- for up to 10 minutes each. stop this subterfuge. ognition for. The PRESIDING OFFICER. Without There are two methods by which the Israel will also find it more difficult objection, it is so ordered. Palestinians could attempt to change to enter into future talks when the f their United Nations status. The first starting point is already an unaccept- SOLIDARITY WITH ISRAEL ACT is to have the Security Council rec- able result. Years of American efforts Mr. HATCH. Madam President, I ask ommend to the General Assembly that to foster peace will be set back and unanimous consent to add Senator Palestine become a member nation of threats to security will increase once MITCH MCCONNELL from Kentucky and the United Nations. But in the Secu- the Palestinians discover that votes in Senator CORNYN from Texas as cospon- rity Council, the United States can favor of their statehood have not sors on S. 1595, the Solidarity with veto a proposed change. However, the changed any of the circumstances of Israel Act. Palestinians also have another means their daily lives. The PRESIDING OFFICER. Without to alter their status. They could peti- The Palestinian statehood bid will do objection, it is so ordered. tion the General Assembly directly— nothing to bring Palestinians or Israel Mr. HATCH. Madam President, I en- where the United States does not have peace, for peace cannot be made by courage all Senators to get on board a veto—and seek an upgrade from their votes in the Security Council or the with that bill. It is time to send mes- current position as a permanent ob- General Assembly. All parties involved sages that the U.N. will understand. server entity to a nonobserver state. If stand to lose if President Abbas pur- Madam President, it appears the this occurs, the Palestinians will be in sues statehood at the United Nations. leader of the Palestinian Liberation a much better position to manipulate It is important the truth be told. Organization and the Palestinian Au- U.N.-affiliated agencies, such as the Israel is not what stands in the way of thority, Mahmoud Abbas, is going to International Criminal Court. a Palestinian state; neither is the request that the United Nations recog- United States standing in the way of a It should go without saying, but I nize Palestine as a member state. This will remind this body that the prospect Palestinian state, for both the United action will create a major, unneces- States and Israel have endorsed the of Palestinians bringing actions sary, and avoidable obstacle for peace. against Israel’s leaders and military creation of that future state. What pre- It is quite simply intolerable. vents the state’s creation is the Pales- For that reason, yesterday I, along forces for defending our sovereign tinian refusal to recognize Israel as a with 15 of my colleagues, including my ally’s right to exist is completely unac- Jewish state with historical rights colleague and friend from Kentucky, ceptable. going back thousands of years, to the the Republican leader, introduced S. We should expect more from the land and to Jerusalem. 1595, the Solidarity with Israel Act. United Nations, but in spite of its The Palestinians must recognize Should the United Nations recognize a sweeping statements in support of indi- Israel’s right to exist as a Jewish state Palestinian state, this legislation vidual rights and peace, it has a mixed and must return to the negotiating would terminate the U.S. funding for record at best when it comes to the table. Rejecting these terms and in- the U.N. treatment of Israel, a liberal democ- stead going to the United Nations will I recognize that the consequences for racy. The low point of its long and tar- result in widespread repercussions. The recognizing a Palestinian state are se- nished history on this subject was the Palestinian Authority and the Pales- vere, but they are appropriate. General Assembly’s contemptible 1975 tinian people rely heavily upon inter- Recognition of a Palestinian state at resolution equating Zionism with rac- national donors and support. Chief this point would undermine the peace ism. A General Assembly upgrade of among those benefactors are the Amer- process, and some have even questioned the Palestinians to nonobserver state- ican taxpayer. Last year, Americans its legality. It would be a deeply irre- hood status would be another in a long sent about $550 million to the Palestin- sponsible action that brings into fur- line of hostile acts toward Israel and ians. ther doubt the legitimacy of the United another hindrance to the peace pros- In June, this Senate unanimously Nations as a good-faith actor in secur- pect and process. passed a resolution cosponsored by 90 ing a more peaceful, more free, and Deterring this outcome is the pri- Senators, including me. That resolu- more democratic world. mary objective of the Solidarity with tion stated that the Senate intends to As I, and many of my colleagues have Israel Act. Israel is a friend and ally of consider reductions and restrictions on repeatedly stated on the floor of the the United States. It is a beacon of de- aid to the Palestinian Authority Senate, the sole means to create a last- mocracy and liberality in a part of the should it continue its efforts to cir- ing and enduring peace between Israel world that is too frequently lacking in cumvent direct negotiations by turning and the Palestinians is through direct both. Although the Palestinians have to the United Nations. negotiations. By attempting an end officially recognized Israel’s right to My request this evening of my col- run around these negotiations—and exist, their rhetoric continues to bring leagues is that we should abide by this make no mistake, that is the aspira- the strength of this commitment into resolution. There might be con- tion of this Palestinian endeavor—the question. sequences. Lasting peace requires it. only result would be to delay the crit- I yield the floor. ical decisions which must be made to Therefore, we cannot sit passively f obtain a durable peace. while the United Nations undermines What is required is leadership—real Israel. Simply put, if the United Na- RECESS SUBJECT TO THE CALL OF tions votes to harm our trusted ally by THE CHAIR leadership—to impress upon the Pal- estinians and the world community changing Palestine’s U.N. status, this The PRESIDING OFFICER. Under that if the United Nations capitulates legislation would require termination the previous order, the Senate stands and changes Palestine’s status before a of U.S. funding of the United Nations in recess subject to the call of the comprehensive peace agreement is until a comprehensive peace agreement Chair. reached, there will be consequences. is reached with Israel. Thereupon, the Senate, at 6:54 p.m., The message of our legislation is also recessed subject to the call of the Chair Unfortunately, President Obama, in his speech to the United Nations yester- simple. The time for these types of and reassembled at 8:21 p.m., when games has ended. We will not stand by called to order by the Presiding Officer day, failed to provide that leadership and to take control of this quickly de- and allow a political spectacle to be (Mrs. SHAHEEN). created which only maligns our ally. The PRESIDING OFFICER. The ma- teriorating situation. Accordingly, yesterday, I and my col- The Solidarity with Israel Act seeks to jority leader. leagues introduced the Solidarity with deter those who would engage in false f Israel Act. The United States can and charades and redirect the international MORNING BUSINESS should exercise its Security Council community toward promoting the only Mr. REID. Madam President, I ask veto if the Palestinians make good on means to truly achieve a lasting peace: unanimous consent that the Senate their threat to attempt to change their direct negotiations between Israel and proceed to a period of morning busi- U.N. status. However, the use of our the Palestinians.

VerDate Mar 15 2010 04:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.072 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5893 It is my earnest hope that even God-given talent longer than most people ‘‘I worked for the forest service in Idaho greater numbers of Members will join live. He passed his 95th birthday September for $7.50 an hour,’’ Cornett recalls. His love us in this cause. I think this is an im- 12. That’s correct. He has been living for nine for the outdoors has lingered throughout his life. His hobbies are shooting, and big-game portant issue, and I hope we can get decades and a half and just keeps on going. ‘‘Red’’ Cornett shows up for work every day hunting. ‘‘I’ve killed moose, elk, deer, ante- every Member of this community, of at his beloved Cornett Machine Shop. lope and millions of prairie dogs in South this Senate, to join with us in this par- ‘‘I go home for lunch,’’ Cornett reflected. Dakota and Montana.’’ ticular cause. His wife, Mary Elizabeth, is in poor health In addition to David and Jack, the Cornett’s have two daughters, Mary Ann f and he goes home to see about her. They’ve been married 70 years. Bingham who lives in Alabama, and Arlene TRIBUTE TO IRA JACKSON ‘‘RED’’ ‘‘I’ve still got a lot of work to do,’’ said Warner of Somerset. CORNETT Cornett, grinning and guiding his power Cornett is not letting 95 years stand in his chair among sophisticated machinery in the way. ‘‘I plan to keep on going. That’s my tal- Mr. MCCONNELL. Madam President, sprawling Cornett Machine Shop on South ent; that’s what God said for me to do. If you I rise today to recognize a very suc- U.S. 27. enjoy it, why not?’’ cessful and hard-working Kentuckian, Cornett loves to talk about his business. f Mr. Ira Jackson Cornett. Ira—known He relaxes in his chair, stopping a moment to his friends as ‘‘Red’’—celebrated his as he and a visitor toured the plant. TRIBUTE TO JIM MOORE 95th birthday September 12 and is the Someone spoke, calling him ‘‘Red.’’ He Mr. MCCONNELL. Madam President, proud founder and owner of the inter- rubbed a hand through a headful of gray I rise today to pay tribute to a proud hair. ‘‘My hair used to be bright red,’’ he nationally known engine rebuilding and grateful Kentucky veteran. Mr. laughed. ‘‘My whiskers still are . . . and Jim Moore was born and raised in Lau- firm, Cornett Machine Shop. Red is ex- they’re thick too.’’ tremely proud of his God-given ability Cornett Machine Shop is his baby. He loves rel County, KY, and takes pride in the to rebuild all types of engines and it. It is part of his life. The internationally many changes he has witnessed over claims if you can break it, then he can known engine rebuilding firm rebuilds en- the past 80 years. One of 12 children, certainly fix it. gines, all kinds of engines; racing engines; Jim grew up on a small farm on Red was born in London, KY, and engines from all over the world. ‘‘Red’’ McWhorter Road and recalls the tears Cornett knows how it works. and triumphs of growing up in Laurel moved to Oregon with his family when ‘‘The Lord gave me a talent . . . if you can he was young. He later returned to County. break it I can fix it,’’ said Cornett. ‘‘If no- Jim’s parents, John and Lillie, pro- Somerset where in 1948, he bought land body else wants to tackle it, I’ll do it.’’ He and established Cornett Machine Shop, has passed his talents along to son, David, vided food from the family farm as well which specializes in the rebuilding of who manages the machine shop, and to Jack, as occasionally peddled on Main Street racing engines from all over the world. who is in charge of the Racing Division. to make ends meet. Jim’s parents set Over the years, Red’s unique skills ‘‘We sold (golfer) Tiger Woods’ caddy an up a booth every year at the Laurel engine last week,’’ noted Cornett. ‘‘We County Fair and sold everything from have been crucial to his success and shipped it to New Zealand. We sent an engine helped him gain international recogni- corn stalks and tobacco to canned to Bend, Oregon, yesterday.’’ goods and bakery products. tion. Red once sold an engine to Tiger Recently, Cornett Machine Shop rebuilt a Jim, along with his siblings, attended Woods’ caddy and shipped it to New V–12 airplane engine like the one flown by school in a one-room schoolhouse Zealand. Another time, Red had the op- Eddie Rickenbacker, an American fighter ace in World War I. ‘‘We built parts for it,’’ where one teacher taught all subjects portunity to rebuild a V–12 airplane en- to 60–70 students at a time. Jim recalls gine like the one flown by Eddie Rick- Cornett said. Cornett Machine Shop currently is rebuild- being expelled from the school on his enbacker, a famous American fighter ing a Jones car made in Kansas in 1917. very first day; Jim’s teacher wrote a ace in World War I. Currently, Cornett ‘‘Very few people know there was a Jones note to his mother after he delib- Machine Shop is rebuilding a Jones car car,’’ Cornett laughed. ‘‘They were making erately disobeyed the teacher’s orders that was made in Kansas in 1917—a car them back in 1902 and 1903.’’ Nearby was a flathead Ford engine circa 1939–40. to not leave school grounds. Jim re- he feels very few these days realize turned to school the next year and were ever made. Currently, Cornett Machine Shop has 16 employees. ‘‘One fellow has been here for 55 began first grade. Red’s Cornett Machine Shop has been years,’’ Cornett said. ‘‘At one time I had Jim also remembers the time when a successful and reputable business for about 30 employees,’’ he related. Each em- one of the first cars appeared in Laurel decades. Now located on a hilltop on ployee has his own private air-conditioned County. Jim was in school one after- the west side of south U.S. 27, the busi- room in which to work. noon when everyone heard the unfa- ness is still running full tilt and Red Age has not tempered Cornett’s strong miliar sound of a car coming down the opinions. ‘‘Young people don’t have the same has faith the tradition will continue as road. Everyone, including the teacher, he has passed along his talents to his work ethics we have,’’ he declared. ‘‘They don’t love their work like we do.’’ ran outside to get a glimpse of it as it sons, David and Jack. However, until Cornett didn’t reveal his political persua- drove by. To Jim’s surprise, the car then, Red says he plans to keep on sion, but he isn’t too impressed with the cur- was in his driveway when he returned going, as he still has a lot of work to rent administration in Washington. ‘‘Obama home after school—Jim’s Uncle Leslie do. sure has been a disappointment,’’ he offered. was the proud owner of the vehicle and Mr. Ira Jackson ‘‘Red’’ Cornett con- About the economy, Cornett has an un- had driven it all the way from Oregon. usual perspective. ‘‘Things are no higher tinues to exemplify the character and Jim reminisces how his family thought success that define generation after than they ever were. Money is junk . . . it’s getting more worthless.’’ that his uncle was rich because he generation of Kentuckians; I ask unan- ‘‘I started out on my own in 1948,’’ he re- would make multiple trips to get all 16 imous consent that a recent article calls. His first machine shop was located on members of the family to the Reda published in Kentucky’s Pulaski Coun- South Main Street. ‘‘ . . . The telephone movie theater and paid 10 cents per ty-area Commonwealth Journal that company and me were in the same block,’’ he person to get everyone in. highlights Red’s lifelong achievements said. Jim eventually joined the U.S. Army Next, Cornett Machine Shop moved to U.S. be printed in the RECORD. and served for several years before There being no objection, the mate- 27 where the Tradewind shopping center is now located. ‘‘(U.S. 27) was a single lane being discharged. Once out of the mili- rial was ordered to be printed in the (each way) then,’’ he remembers. ‘‘Finley’s tary, Jim drove a freight truck for 35 RECORD, as follows: (Drive-in) was the next thing that built out years before eventually retiring. Like [From the Commonwealth Journal, Sept. 22, there.’’ countless other Kentuckians, Jim cher- 2011] ‘‘I bought that lot (Tradewind location) for ishes his childhood memories and is $2,000,’’ Cornett remembers. ‘‘I went to Pope RED CORNETT: ENGINE BUILDER GOING STRONG very fond of his deep roots in our great Walker at First and Farmers Bank and he AT 95 Commonwealth. told me I could borrow all the money I need- (By Bill Mardis, Editor Emeritus) Madam President, the Laurel County ed.’’ Cornett Machine Shop has since located Sentinel Echo recently published an ar- ‘‘The Lord gave everybody a talent to on a hilltop farther south on the west side of make a living and a person ought to enjoy U.S. 27, now a six-lane boulevard. ticle highlighting Mr. Jim Moore’s life doing it.’’ Cornett was born in nearby London but his and memories. I ask unanimous con- Ira Jackson Cornett—his friends and ev- family moved to Oregon. They later returned sent that the full article be printed in erybody call him ‘‘Red’’—has been using his to Somerset. the RECORD.

VerDate Mar 15 2010 03:05 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.050 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5894 CONGRESSIONAL RECORD — SENATE September 22, 2011 There being no objection, the article There was someone on the school board by other items as well as a first stop for was ordered to be printed in the the name of Johnson at the time so that is learning about blade quality. It is one RECORD, as follows: where the school got its name, Moore said. of the oldest family-owned cutlery Because Moore’s father had 12 children, he stores in the Nation. [From the Laurel County Sentinel Echo, was not drafted into WWII. June 6, 2011] ‘‘That’s the only way you got out was to Heimerdinger Cutlery celebrated its MOORE THINKS TIMES ARE GOOD, BETTER have an extra-large family,’’ Moore said. 150th anniversary with a special cere- THAN PAST One day Moore’s mother loaded up five of mony and ribbon cutting earlier this (By Carol Mills, Staff Writer) her children and took them to Dr. H.V. Pen- month in Louisville, kicking off a Jim Moore, 82, grew up in the depression nington to have their tonsils taken out. He week-long celebration event for its cus- when times were tough, but there was always had an office above Begley Drug Store, where tomers. This celebration included a food on the table. Pocket Park is today. They came back home special promotion honoring America’s He was born and raised in Laurel County that evening. servicemen and women. on a farm on McWhorter Road. There were 12 ‘‘They didn’t want us to eat anything that day, but I wanted a biscuit and molasses. I Residents of the Louisville area were children in his family and only one, besides also able to meet and learn from one of him, Bill, is still living. cried my eyes out. I thought they were going ‘‘We raised most of what we needed on our to starve me to death.’’ the editors of Knife World Newspaper, land,’’ he said. ‘‘People who lived in big cit- ‘‘That amazes me,’’ said Mildred, Moore’s who came to Heimerdinger Cutlery to ies had to wait in soup lines two times a day wife. ‘‘She took five kids to get their tonsils assess the value of older, collectible because they didn’t have any land to farm.’’ take out at one time. Can you imagine tak- knives and sign books. Heimerdinger His parents peddled what they could at the ing care of five? One’s bad enough.’’ Cutlery also celebrated its anniversary ‘‘They put a cloth over my face and then Laurel County Fair, which was on south U.S. with products from another Louisville 25 about where Tincher-Williams is now. sprinkled ether over it until you fell asleep,’’ Moore said. ‘‘I can still smell that ether institution, Louisville Stoneware. ‘‘Every year they would set up a booth at Heimerdinger Cutlery is currently the fair,’’ Moore recalled. ‘‘They would take now.’’ corn stalks, tobacco, canned goods, and bak- Moore also recalled there used to be a Poor owned and operated by two proud ery products. Mom got two or three blue rib- House in London at the location of Laurel Louisvillians, Carl and Glenna bons about every year for her canning.’’ Heights Home for the Elderly. He said whole Heimerdinger, who carry on the family Moore’s father, John, and mother, Lillie, families could stay there, much like the business started in 1861 by Carl’s great- also peddled on Main Street. Christian Shelter for the Homeless on great grandfather August ‘‘I’ve seen it when the wagons were lined Fourth Street. Moore remembered the first radio to come Heimerdinger, originally born in Ger- up and down Main Street and people sold wa- many. When August started the com- termelons, cantaloupes, whatever they had into his neighborhood. His grandfather to sell. Watermelons sold for a nickel, dime bought it. pany, he focused on scissors, butcher or quarter depending on the size.’’ ‘‘It had a dry battery and a wet battery knives and sewing machine repair. The family also went to the Laurel County and had a wire going through the garden to Over the years, Heimerdinger Cutlery Homecoming every year. pick up signals. Everyone would come in on expanded into barber and beauty sup- ‘‘One year someone was selling R.C. Cola Saturday night and listen to the radio, espe- plies and secured the original patent on and dad bought some bottles for about a cially the Grand Ole Opry. I think it’s the grass shears. In 1996, to celebrate their nickel each and we would take a drink and oldest radio station in the nation.’’ 135th anniversary, Heimerdinger Cut- pass it around.’’ ‘‘They also had the ring-a-ding tele- The Moore children all went to school in a phones,’’ he continued. ‘‘Your ring might be lery had a ‘‘Hanging of the Shears one-room schoolhouse and one teacher two short, one long, or one long, two short. Day,’’ and placed a 6-foot-long, 70- taught all the classes. There were about 60 or Everybody had a different ring. You could pound, working pair of shears on dis- 70 students. pick up the phone and hear anybody talking. play in their store. ‘‘I got expelled the first day I went to It was a party line.’’ I congratulate Carl and Glenna school,’’ Moore laughed. ‘‘I disobeyed the When he was 16 or 17, Moore joined the U.S. Heimerdinger for the success of their teacher. The teacher told two of the guys to Army. He stayed in the army for three or Louisville institution. Businesses like go to a neighbor’s house and carry buckets of four years and after he was discharged, he theirs are the reason the city of Louis- water to the school. I started to go with drove a freight truck for 35 years before re- them and she told me not to. I thought, ‘Who tiring. ville and the Commonwealth of Ken- are you to tell me not to go somewhere.’ I Moore was married to his first wife, Ethel, tucky will continue to thrive and grow. went and she wrote a letter to my mom.’’ for 51 years before she passed away. Mildred, Here’s hoping for many more years of Moore went back to school the next year his second wife, said they will be married for success to Heimerdinger Cutlery of and started first grade. He said he was too three years this December. They both had Louisville. young the previous year anyway. been widowed for several years when they f Moore said hardly anybody had a car back met at the VFW Club while going to one of then. their dances. SECURING AIRCRAFT COCKPITS ‘‘One day at school we saw a car coming Moore said he has had a good life overall, Mr. WHITEHOUSE. Madam Presi- down the road,’’ he said. ‘‘All of us, the but the best time is the present. teacher too, went to the banks along the ‘‘We have running water. No more getting dent, this February I joined with col- road to the schoolhouse to wait on the car. up in the cold morning and having to build a leagues from both sides of the aisle to When the car came by, we were all waving.’’ fire.’’ offer an amendment to the FAA Air When Moore got home from school, the car f Transportation Modernization and was sitting at his house. Safety Act to secure aircraft cockpits ‘‘It was my dad’s brother, Uncle Leslie, and RECOGNIZING HEIMERDINGER by making it a Federal criminal of- his wife. They drove that Model A all the CUTLERY way from Oregon. One day he took us to the fense to knowingly aim the beam of a movies at the Reda Theater in town. The car Mr. MCCONNELL. Madam President, laser at an aircraft. Our commonsense had a rumble seat. There were 16 of us alto- I rise today to pay tribute to one of and bipartisan amendment to protect gether including grandma and grandpa. I Louisville, KY’s oldest and most re- passengers and pilots received over- don’t know how many trips he took to take nowned locally owned businesses, a whelming support in this body, and was us up there and then going back and getting true treasure of my hometown that agreed to by a vote of 96 to 1. A similar the rest. He paid 10 cents for each of us to see adds to the River City’s charm. I am measure subsequently passed the the movie. We thought he was a rich guy.’’ His father gave up some of his land so that speaking of Heimerdinger Cutlery, a House, without controversy, by voice Johnson Elementary School could be built. family-owned business that celebrates vote under the suspension rules. Unfor- ‘‘He gave the school board 10 acres,’’ Moore 150 years as a Louisville institution tunately, the larger bill to which my recalled. ‘‘He might have gotten $2,000 or this month. Heimerdinger was first amendment was attached has been held $3,000 out of it. I don’t know back then. It listed in the Louisville city directory up because of unrelated issues. As a re- was in the corner of the farm. We had a one- in 1861 as ‘‘A. Heimerdinger: Cutler and sult, today I am joining with Senators room schoolhouse and a church on Sewing Machine Repair.’’ KIRK, BOXER, and FEINSTEIN to re-in- McWhorter Road. That was in the In the 150 years since, Heimerdinger Maplesville district. The school and church troduce this provision as a stand-alone were both called Macedonia. Up the road, Cutlery has become one of Louisville’s bill. they had a Johnson School there on the cor- premier shops for kitchen and pocket When targeted at aircraft, laser ner of Old 80 and Johnson Road before they knives, scissors, shaving needs, sharp- pointer strikes can instantly flash built the one on McWhorter.’’ ening stones, magnifiers and many throughout the cockpit, temporarily

VerDate Mar 15 2010 04:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.013 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5895 blinding the pilot and crew. One pilot pleased to release a report today out- The caucus believes that extradition described the feeling of being hit by a lining key steps that the United States from Mexico to the United States has laser like this: ‘‘It immediately [lit] up can take to assist our friends in Cen- been a critical tool in combating Mexi- the whole cockpit and it hit both of my tral America as they try to reduce es- can drug trafficking organizations. eyes and burned both of my corneas. calating violence. The report—entitled Bringing these fugitives to the United Instantly, I was blinded. It felt like I ‘‘Responding to Violence in Central States for prosecution ensures that was hit in the face with a baseball America’’—is endorsed by all seven they cannot evade justice through bat—just an intense, burning pain.’’ Senators on the Caucus. In particular, bribes or threats of violence in their FAA Administrator Randy Babbitt I want to thank my cochairman Sen- home countries. warned that lasers can ‘‘damage a pi- ator GRASSLEY for his efforts on this Support witness, judge and pros- lot’s eyes or cause temporary blind- report. ecutor protection programs: Next, our ness.’’ In an event on this topic held Violence in Central America has report calls for the State Department last year at T.F. Green Airport in my reached crisis levels. Throughout Cen- and USAID to use existing funds to home state of Rhode Island, a pilot ex- tral America, Mexican drug trafficking provide support for witness, judge and plained that the temporary blindness organizations, local drug traffickers, prosecutor protection programs in Cen- from a laser hit can last several sec- transnational youth gangs, and other tral America. Far too often, witnesses onds or longer, and when a plane is rap- illegal criminal networks are taking in Central America are afraid to testify idly approaching the ground for land- advantage of weak governance and at hearings because of corruption in ing, ‘‘one second can make a big dif- underperforming justice systems. the judicial system and fear of retalia- ference.’’ Contrary to what many might think, tion. Judges and prosecutors are equal- This kind of threat to a pilot’s the murder rates in Central America ly afraid to pursue cases against high- sight—particularly during the critical last year were significantly higher profile criminals. phases of takeoff and landing—poses an than those in Mexico. In 2010, there Map sources of violence: Our report unacceptable risk to the travelling were 18 homicides per 100,000 people in recommends that the countries of Cen- public, our pilots and crew, and citi- Mexico. In comparison, there were 50 tral America map the causes and zens on the ground. Secretary of Trans- murders per 100,000 people in Guate- sources of violence in the region. With- portation Ray LaHood has thus de- mala, 66 in El Salvador and 77 in Hon- out a clear understanding of the causes scribed laser incidents as ‘‘a serious duras. GEN Douglas Fraser—the Com- and sources of violence, it will be dif- safety issue.’’ mander of U.S. Southern Command— ficult to provide relevant solutions to The problem has grown in recent said that ‘‘the northern triangle of the security situation in Central Amer- years. According to a report earlier Guatemala, El Salvador and Honduras ica. Reduce the U.S. demand for drugs: this year by the Federal Aviation Ad- is the deadliest zone in the world out- Last, but certainly not least, the ministration, 2,836 pilots reported they side of war zones.’’ caucus’s report emphasizes that drug were targeted with lasers in 2010, near- Our report calls for security in Cen- consumption in the United States fuels ly double the number in 2009. These tral America to become a greater pri- violence in Central America. The strikes occur at airports all across the ority across all U.S. Government agen- United States continues to be the country. At T.F. Green Airport, for ex- cies. The caucus calls for a two-track world’s largest consumer of illegal ample, there were 12 such reported in- approach to U.S. assistance to Central drugs. The 2010 National Survey on cidents last year. The threat, which America focusing in the short term on Drug Use and Health found that 22.6 puts interstate commerce and travel at highly vetted law enforcement units million Americans aged 12 or older while not losing sight of the long-term risk, requires attention at the national were current illegal drug users. goal of strengthening institutions. level. Senator GRASSLEY and I have asked The report’s key recommendations Current Federal law does not provide the Government Accountability Office include: prosecutors with sufficient tools to to conduct a study to evaluate the suc- Expand vetted units: The caucus prosecute and deter this dangerous cesses and shortcomings of drug pre- calls for the expansion of vetted law conduct. Ill-fitting existing statutes vention and treatment programs in the enforcement units which work with the can only be used in limited cases, leav- United States. I have also asked my Drug Enforcement Administration— ing even identified perpetrators to go staff to prepare a report on how to known as sensitive investigative unpunished. My legislation would solve most effectively reduce the U.S. de- units—to all seven countries in Central this problem by creating a criminal of- mand for drugs. fense that clearly covers this harmful America. Vetted units provide a trust- Central America is at a dangerous conduct. It would explicitly crim- ed partner to U.S. law enforcement in crossroads. A further deterioration of inalize knowingly aiming the beam of a countries where corruption is often the security situation in Central Amer- laser pointer at an aircraft. Violations rampant. I supported language that ica could severely damage already would lead to punishment of imprison- was included in the Senate Appropria- weak institutions and justice systems. ment for up to 5 years or fines up to tions Subcommittee on Commerce, I, therefore, urge the Obama adminis- $250,000. The bill would exempt valid Justice and Science’s Fiscal Year 2012 tration and my colleagues in Congress uses of laser pointers in the aviation Appropriations bill that recommends to make security in Central America a context, such as designated research the expansion of these units through- priority. out Central America. and development activities, flight test f operations, training, and emergency Speed up security assistance: Our re- signaling. Prosecutors thus would have port calls on the State Department to TRIBUTE TO MICHAEL DAVIDSON a new valuable tool to protect air safe- speed up the arrival of security assist- Mrs. FEINSTEIN. Madam President, ty without any burden being imposed ance to Central America by changing it I rise today to recognize Mr. Michael on legitimate use of lasers. from being managed remotely by the Davidson, the former General Counsel I thank Senators KIRK, BOXER, and U.S. Embassy in Mexico to allowing it of the Select Committee on Intel- FEINSTEIN for their leadership on this to be managed directly by each of the ligence, for his long and distinguished issue, and our partners in the House for U.S. embassies in Central America. service to the U.S. Senate. Mike quiet- their work. I hope Senators from both Increase drug traffickers’ extra- ly retired from the U.S. Senate for the sides of the aisle will join me in enact- ditions: Our report recommends that second time on Labor Day, September ing this legislation to protect Amer- the Obama administration encourage 5, 2011. ican aviation. our partners in Central America to in- At the Select Committee on Intel- f crease the extradition to the United ligence, where he worked for 8 years States of their nationals who are in- during his second career here in the CENTRAL AMERICA REPORT volved in international drug traf- Senate, he was always a source of wis- Mrs. FEINSTEIN. Madam President, ficking. Currently, Panama, Honduras, dom and optimism. Mike was invari- as chairman of the Senate Caucus on and Costa Rica will not extradite their ably calm, thoughtful and construc- International Narcotics Control, I am nationals to the United States. tive. These qualities, in combination

VerDate Mar 15 2010 03:05 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.012 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5896 CONGRESSIONAL RECORD — SENATE September 22, 2011 with his brilliant legal mind and pro- Joint Inquiry into Intelligence Com- plary legislative histories for the bills digious memory, made him an invalu- munity Activities Before and After the we have reported—an important, and able member of the committee staff. Terrorist Attacks of September 11, sometimes neglected, aspect in how our Indeed, Mike had a unique ability to 2001. Mike’s work for the joint inquiry laws are implemented and interpreted. recall past legislation, reports, or other involved not only fact finding about Mike also paid special attention to parts of Senate history, and find them the conduct of U.S. intelligence agen- building the public record concerning in archives and mostly forgotten cies prior to the terrorist attacks, but the work of the Intelligence Com- records, to make sure that present day also successful advocacy before Judge mittee. Because of his efforts, the com- decisions were informed by the past. Leonie Brinkema in the case of United mittee has greatly increased the num- In addition, Mike was known and re- States v. Moussaoui. The appearance ber of public documents available on spected throughout Washington. He was necessary to ensure that the con- the committee’s website, from the will be greatly missed, not only by our gressional Joint Inquiry had the testi- committee’s own biennial activities re- committee, but by the many people mony it needed to tell the story of the ports to the yearly legislative request who have had the privilege to work FBI’s Moussaoui investigation prior to from the executive branch. Behind the with him from other offices in the Con- the 9/11 attacks without interfering scenes, Mike sought systematic ap- gress, the executive branch, and the with the Moussaoui proceedings or proaches to informing the public about private sector. I know, and am appre- other pending criminal prosecutions U.S. intelligence activities to the max- ciative, that the Office of the Director and investigations. Shortly after the imum extent possible consistent with of National Intelligence will be hon- completion of the Joint Inquiry in 2003, national security. oring Mike in October for his numerous Mike joined the Select Committee on Mr. Davidson was also essential in services to the committee and the in- Intelligence as minority counsel for the committee’s efforts to honor the telligence community. then-Vice Chairman JAY ROCKEFELLER. I have often been amazed at the var- sacrifices made by the men and women In 2007, he became the committee’s ied backgrounds of Senators and Sen- of the intelligence community, and general counsel, first for Chairman ate staff alike, and Mike Davidson is their families, and to ensure that all ROCKEFELLER and later myself. intelligence agency employees received another example why. He grew up in As general counsel, Mike led the Brooklyn, NY, where his father was a fair treatment and appropriate recogni- work of the committee on all legisla- professor of theater at Brooklyn Col- tion by the Nation they served. All tion referred to it and reported from it. lege, and where we believe his devotion Senators understand the importance of Mike’s tireless efforts, and his skill in to the New York Mets was born. Mike taking care of their constituents. The bringing people together to talk about received his bachelor of arts in history Intelligence Committee attempts, the issues, even after others had given from Cornell University in 1961 and his where possible, to take care of intel- up, led to the passage of an intelligence law degree from the University of Chi- ligence professionals who often have no authorization act signed into law in cago in 1964. With law degree in hand, other place to turn. Not surprisingly to October 2010, the first authorization Mike became one of the first Peace those who know him, Mike took special bill for the intelligence community en- Corps volunteers in Kenya where he care with this responsibility. I recall served for 3 years. Upon his return to acted in 6 years. one example—involving a legal dispute I can certainly attest that passage of the United States, he worked at the over a family member of an intel- that legislation was far from assured. NAACP Legal Defense Fund between ligence officer—where Mike’s interven- The administration showed little en- 1967 and 1973, trying civil rights cases tion led to justice being done, a family thusiasm for it, other committees ob- and arguing appeals in various Federal being preserved, and an intelligence jected to numerous provisions in- courts. From 1974 to 1977, Mike taught professional being able subsequently to cluded, and the House of Representa- clinical law at the State University of focus his attention on an absolutely es- tives appeared insistent on two provi- New York at Buffalo. Moving to Wash- sential operation. ington in 1977, he served as the chief sions—having to do with intelligence As I mentioned, Mike retired from staff counsel for the U.S. Court of Ap- notifications to Congress and with in- the Senate very quietly, working away peals for the District of Columbia. vestigations by the Government Ac- on committee business to the last In 1979, Mike became the Senate’s countability Office into intelligence minute of his last day on the job. We very first legal counsel, representing matters—that were subject to veto know, however, that he is relishing the the Senate in separation-of-powers and threats. Mike was instrumental in re- chance to spend more time in the other litigation, and assisting commit- solving both those issues, and with Rocky Mountains of Colorado where he tees in ethics, impeachment and other working through countless other hur- and his wife Karen have a second home special investigations. One of the sepa- dles, in achieving enactment. near Denver, the home of son Jesse, ration-of-powers cases Mike argued be- Within 9 months, the committee also daughter-in-law Ellen, and grand- fore the Supreme Court was INS v. saw passage and enactment of its sec- children Jordan and Garrett, and where Chadha. It turned out that Mike from ond intelligence authorization act, his daughter Kate often visits. We fully his Peace Corps days actually knew the with the fiscal year 2011 bill signed into expect, however, that with Mike’s appellee Jagdish Chadha, who had been law on June 8, 2011. We are well on our great energy and legal abilities he will born in Kenya of Indian parents. Not way with a third authorization bill in continue to make a contribution to his only did Mr. Chadha not take personal 12 months with the intelligence author- country from his home here in the Dis- offense that the Congress, through op- ization act for fiscal year 2012. trict of Columbia as well. posing counsel Michael Davidson, was Mike’s careful legislative approach With gratitude for his service to the trying to deport him, but because of was very much in evidence during the Senate and the Nation, for myself and his respect and admiration for Mike, much more prolonged congressional the many others who have benefited Mr. Chadha brought a bottle of cham- consideration of the Foreign Intel- from that service, I wish Mike the very pagne to the Senate Legal Counsel’s ligence Surveillance Act Amendments best in all his future endeavors. Office the next day to celebrate Mike’s Act of 2008, during which he worked pa- appearance before the Court. tiently to find legislative solutions f In 1995, Mike retired from the Senate that would satisfy the concerns of the CONGRESSIONAL COALITION ON for the first time, but he soon found intelligence community in modernizing ADOPTION INSTITUTE himself directing or serving as counsel one of the most important of its au- to projects led by current or former thorizing statutes, while also address- Ms. LANDRIEU. Madam President, U.S. Senators, including a project at ing a range of views in the Senate and today I rise to commemorate the 10th the Aspen Institute, a joint project of the House and respecting the privacy anniversary of a very special organiza- the American Enterprise Institute and and civil liberties concerns of Ameri- tion that is near and dear to my heart, Brookings Institution, and a project at cans. Mike’s painstaking attention to the Congressional Coalition on Adop- the Constitution Project. detail in the committee’s reports and tion Institute, or CCAI as it is more Mike returned to the Senate in 2002 statements, with this act and through- commonly known. This institute was to serve as the general counsel for the out his tenure, has resulted in exem- formally established in 2001, but sprang

VerDate Mar 15 2010 04:50 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.039 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5897 from the bicameral, bipartisan con- husband Scott had the first of their the unsung heroes in their states or gressional caucus known as the Con- three beautiful children, Cole, Maya districts who tirelessly serve and advo- gressional Coalition on Adoption that and Leah, Kerry continues to advocate cate for children in the U.S. and began in 1985. CCAI is a nonprofit orga- for children in need of loving homes as around the world in need of permanent nization that works to raise awareness a sought after keynote speaker, writer and loving homes. Without these advo- about the needs of children without and consultant on orphan care and cates, many more children would be families and to remove policy barriers adoption topics. She is also an advisory alone without families to love and sup- that hinder children from experiencing board member for CCAI. port them. In the years since the An- the love and support a family provides. CCAI’s initial and continued mandate gels in Adoption awards program has In 1998, the congressional leaders of includes service to the congressional been in place, more than 1800 individ- the Congressional Coalition on Adop- members of the Congressional Coali- uals, couples and organizations from tion Caucus decided it was time that tion on Adoption Caucus through the the coalition organize more formally following programs: around the nation have been honored and hire staff to carry out this impor- The Congressional Resource Pro- by their Members of Congress. tant work. It was at this point that we gram: CCAI presents and informs con- Now, 10 years later, the same mission hired our first staff member, Kerry gressional offices regarding current do- and vision of the founders of CCAI re- Hasenbalg, who was later to become mestic and international orphan care mains, due in large part to the leader- the first executive director of CCAI. and adoption issues by hosting brief- ship of its current executive director, Kerry came to the coalition with ex- ings, meetings and other events to best tensive knowledge of orphan care and my former legislative director and my support congressional members as they dear friend, Kathleen Strottman. At adoption policy having worked in the serve their constituents. field for many years. Kerry worked the helm, Kathleen not only maintains Congressional delegations: CCAI the original mission, integrity and con- both internationally and domestically plans and arranges travel to strategic on orphan care and adoption issues, tinuity of CCAI, but continues to pour countries to further discussions on her heart and soul into furthering the and was often sent to Washington, DC, adoption, orphan care and vulnerable cause of the orphan. Kathleen has been as a liaison to meet with other profes- children. The first of many delegation there from the founding of CCAI as one sionals, leaders and both U.S. and trips organized and hosted by CCAI of the original congressional staff and international government officials on began with a trip to China where the international adoption issues. She also congressional delegation met with worked side by side with Kerry as the traveled extensively abroad to meet President Jiang Zemin for nearly 2 vision and mission of CCAI grew and with foreign officials and in-country hours. At the time, more Americans developed into what it is today. workers, and most importantly she were adopting from China than any Kathleen comes to her position as ex- spent time in many orphanages getting other country. This meeting was crit- ecutive director with not only the his- to know the children themselves. But ical to further establish ties between torical experience of CCAI but with even more than her professional experi- our countries regarding adoption and ence, Kerry came to the Coalition with Capitol Hill experience as well. Kath- orphan care. Additional trips during a heart and passion for changing the leen served for nearly 8 years as my the early years of CCAI included con- lives of orphans and foster youth, one trusted adviser and in that role she gressional delegations to: Romania, child at a time. worked to pass legislation such as the The Congressional Coalition leaders Russia, Guatemala, El Salvador, Hon- No Child Left Behind Act, the Medicare designated members of their personal duras, Uganda, and India. More recent Modernization Act, the Inter-Country staffs to work with Kerry to develop delegations have visited Haiti, Guate- Adoption Act, the Child Citizenship and advance the goals and vision of the mala and Ethiopia and have begun to Act of 2000, the Adoption Tax Credit coalition. These appointed congres- include domestic delegations on child and the Family Court Act. Kathleen sional staff consisted of: Kathleen welfare as well. has worked to increase the opportunity Foster Youth Internship Program: Strottman from my staff, Brooke Rob- for positive dialogue andthe exchange This unique and very valuable program erts from Senator Larry Craig’s office, of best practices between the United Bill Dolbow from Congressman Tom provides internship positions in both Houses of Congress to college students States and countries such as Ethiopia, Bliley’s office and Chip Gardiner from China, Romania, Russia, Guatemala, Congressman Jim Oberstar’s office. who have emancipated or spent time in the U.S. foster care system. This pro- Honduras, El Salvador and India. Prior Through the dedicated leadership of to joining my staff, Kathleen attended the Coalition’s Congressional leader- gram gives a voice to the near half a million children in the U.S. foster care Whittier Law School’s Center for Chil- ship, and the hard work of Kerry and dren’s Rights where she graduated with the designated congressional staff, it system and gives Congress a first-hand honors and received a State certified soon became evident that the coalition perspective on what it means to grow specialty in juvenile advocacy. She and could be more effective and have a up in the system. In the past several greater impact if an institute was cre- years these foster youth interns have her very supportive husband, Matt, are ated to enhance and expand the work researched and compiled recommenda- the proud parents of three children, of the adoption caucus. After much re- tions for Congress on policy and legis- Grace, Noah and Liam. search and investigation, it was deter- lative changes that could be made that I am proud to stand here today and mined that the nonprofit Congressional would improve the foster care system. honor CCAI on its 10th anniversary Coalition on Adoption Institute should Some of their recommendations have along with Kerry Hasenbalg and Kath- be formed. already been made into law. leen Strottman without whom this in- National Adoption Day: CCAI is part In May 2001, the Congressional Coali- stitute would not be where it is today of a collective national effort to raise tion on Adoption Institute was born and whose personal dedication and sac- awareness of the over 107,000 children and Kerry Hasenbalg was designated as rifice have changed the lives of chil- in foster care waiting to find perma- the first executive director where she dren around the world. CCAI has not served for 31⁄2 years. Under her leader- nent homes and loving families only stayed true to its original found- ship, many of the flagship programs through adoption. National Adoption ing principles and mission, but under still in existence today were developed Day has made the dreams of thousands and implemented. In addition to the of children come true by working with the dedicated leadership of its congres- congressional leadership, CCAI’s found- courts, judges, attorneys, adoption pro- sional members, board and executive ing Board members included: Maxine fessionals, child welfare agencies and directors, CCAI has grown and ex- B. Baker, President and CEO of the advocates to finalize thousands of panded to further enhance the impor- Freddie Mac Foundation and Barbara adoptions for children out of foster tant work of making a difference in the W. Walzer, a philanthropist and long- care. lives of children both here in the time, dear friend of Kerry’s. Angels in AdoptionTM: This very spe- United States and around the world. Although Kerry left her position as cial annual event gives congressional May God continue to bless the work of executive director when she and her members an opportunity to highlight CCAI.

VerDate Mar 15 2010 03:05 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.019 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5898 CONGRESSIONAL RECORD — SENATE September 22, 2011 ADDITIONAL STATEMENTS I wish the University of Maryland’s That a small fellowship of faith was Center for Health Equity and the State born in a stable and grew into a some- Office of Minority Health great success thing mighty and lasting is more than TRIBUTE TO SHIRLEY NATHAN- in their stewardship of the ‘‘Shirley powerful symbolism. It is a testament PULLIAM Nathan-Pulliam Health Equity Lecture to the spirit, the resolve, and the en- ∑ Mr. CARDIN. Madam President, Series.’’ There is still a great deal of ergy of Portland’s Italian-American today I wish to recognize and pay trib- work to be done in achieving Shirley’s community. On the 100th anniversary ute to a dear friend, fellow Marylander dream of erasing health disparities and of St. Peter’s Roman Catholic Church, and 16-year member of the Maryland making health care a right for every I offer the members of that parish the House of Delegates, Shirley Nathan- human being. But with her leadership traditional Italian wish for a long life Pulliam. Shirley has been a tireless ad- and legacy to follow, I am confident of health and happiness—‘‘Cent’anni!’’∑ vocate for eliminating health dispari- her dream will one day become a re- f ties throughout her career as a public ality.∑ servant. The Maryland Department of MICHIGAN VOLUNTARISM f Health & Mental Hygiene is appro- ∑ Mr. LEVIN. Madam President, our priately honoring her on October 4 by ST. PETER’S CENTENNIAL Nation’s veterans made enormous sac- announcing the establishment of the ∑ Ms. COLLINS. Madam President, on rifices in defense of our Nation through ‘‘Shirley Nathan-Pulliam Health Eq- October 16, 1911, the first Italian Catho- their military service. One of the many uity Lecture Series’’ at this year’s an- lic congregation in the city of Port- ways we recognize their service is nual Maryland Health Disparity Con- land, ME, met under the guidance of through essential government pro- ference. Father Agnello Santagnello. Seventy- grams that form the foundation of our Shirley has strong convictions and five families came together, and plans Nation’s promise to care for veterans. These programs are made stronger by has often stated: ‘‘In a country as rich were laid to build a church for the the valuable contributions of volun- and powerful as the United States of small but growing community of new teers. Volunteers who freely offer their America, no person should be without a Americans. time to improve the quality of life of basic plan of health care.’’ As a reg- Before year’s end, just in time for American veterans provide a personal istered nurse and former faculty asso- Christmas mass, an old stable was reminder that a grateful nation will al- ciate at the Johns Hopkins University transformed into a chapel at a cost of ways remember and value their sac- School of Nursing, Shirley has seen just under $2,800 and much hard work. rifice. This spirit of generosity and firsthand how minorities are dispropor- That modest chapel was named St. tionately harmed by certain diseases compassion is embodied at the Grand Peter’s—the rock of the Church on the and the inequality in care across racial Rapids Home for Veterans in west rocky coast of Maine. Michigan. A banquet to honor the posi- and ethnic lines. Her belief that health By the mid-1920s, the parish num- tive impact these volunteers have had care is a basic human right, and not a bered nearly 1,000 families and the privilege, has compelled her to serve in over the past year will take place on thriving Italian-American community public office—a decision that has bene- September 27, 2011. needed a larger spiritual home. Father fited all Marylanders and has helped In operation since 1886, the Grand Teresio DiMingo, who took the reins of improve health equality in our State. Rapids Home for Veterans is a 758-bed Shirley has had many successes as a the congregation in 1927, went house- home for veterans in need of long-term legislator, but one of the most impor- to-house throughout Portland’s Little care. Residents are cared for by a pro- tant has been her work in establishing Italy neighborhood soliciting funds, fessional staff of doctors, nurses and the Maryland Office of Minority Health and found generosity at every door. social workers, all of whom tirelessly and Health Disparities in 2004. This of- The new church was under construc- work to fulfill the home’s mission of fice is charged with promoting health tion in 1929 when disaster struck—the providing quality interdisciplinary equity for African Americans, Hispanic stock market crash and the ensuing care and helping residents ‘‘achieve Americans, Asian Americans, Native Great Depression. Father DiMingo re- their highest potential of independ- Americans, and other groups experi- turned the contributions to those in ence, self worth, wellness and dignity.’’ encing health disparities. Another key need. He matched that act of compas- Supporting the professional staff in legislative accomplishment of Shirley’s sion with determination, and continued these efforts is a capable and compas- was her success in providing health the construction with his own life sav- sionate army of volunteers. In 2010 care coverage to more than 100,000 chil- ings. alone, almost 900 different volunteers dren in Maryland. The Church of St. Peter was dedi- served at the home, with approxi- Shirley is not a woman who idly wit- cated that August. That great celebra- mately 200 volunteers putting in at nesses society’s inequities. Her com- tion included the blessing of Father least 100 hours of service. Some volun- passion and empathy drive her to come DiMingo’s second great gift to his par- teers are veterans themselves; some up with solutions for the problems she ish—a cross made from fragments of are family members of current or past sees. As a sponsor or cosponsor of hun- the True Cross. residents; others have no personal con- dreds of bills that have been signed Since that day, worshipers have no- nection to the home other than the de- into law, Shirley has been instru- ticed a curious inscription above the sire to help American heroes. mental in improving the lives of Mary- doorway—the letters ‘‘L & L.’’ That Volunteers provide a host of services landers in countless ways. When Shir- was yet another gift from Father for the veterans and hold events that ley discovered Maryland had the third DiMingo. Those letters represent the improve the residents’ quality of life. highest oral cancer rate for African- Latin words for ‘‘him’’ and ‘‘her.’’ St. Perhaps the most essential service vol- American men in the Nation, she se- Peter’s was then, and is today, a unteers provide is something that most cured $500,000 to fight the disease. She church for families. people take for granted: visiting with also was lead sponsor of legislation Today, in this centennial year, the veterans individually, offering human providing $2.6 million annually for families of St. Peter’s continue to build companionship. For veterans in homes, breast cancer treatment for low-in- on that solid foundation. Their vibrant especially the elderly or disabled, hav- come women living in Maryland. church remains a rock of faith. ing someone read or play cards with Shirley has been an indispensable And it grows as a center of charity them, or simply have a conversation partner and an inspiration in my ef- and caring. In the early 1950s, an with them can provide great comfort. forts to address health disparities at Italian priest came to America seeking In addition to providing a simple yet the federal level. We worked together aid for children orphaned during the powerful human connection, volunteers to codify the National Institute for Mi- Second World War. The generous re- ensure that veterans at the home live nority Health and Health Disparities, sponse from Portland led to the found- active lives by helping to run the correcting a long-standing bias in our ing of the Italian Heritage Center, home’s woodshop, bowling alley and li- health care system that was ill- which continues to enrich the city with brary, as well as escorting residents to equipped to deal with disparities a culture of great food, music, and fes- painting and ceramics classes. Resi- among different populations. tivals. dents also enjoy the animal therapy

VerDate Mar 15 2010 03:45 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.028 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5899 program where volunteers bring in in the Department of the Navy. Since achievements and programmatic ac- their own pet dogs and cats. joining Federal service in 1980 and the complishments. He has served as an in- Last year, volunteers organized a Senior Executive Service in 2000, he spiration to all who have served with number of special events, including a has held a variety of key leadership him, ensuring that all members of his Super Bowl Party, a Las Vegas Day, roles throughout his professional life, team are keenly aware of their impor- three fishing tournaments, a carnival, including positions with the Space and tance to the Navy and the true appre- a fall harvest festival, and a Christmas Naval Warfare Systems Command, the ciation that he holds for their efforts. celebration called the Veterans Star Military Sealift Command, and the His unique ability to recognize talent Christmas Project. As part of the Naval Sea Systems Command. He has and to foster respect and camaraderie project, volunteers distributed more also provided strong leadership to throughout the workforce has had an than 700 donated gifts to residents on groups such as the National Ship- enormous influence on junior Sailors Christmas Day. According to one resi- building Research Program and the dent, the celebration was especially Marine Engineering and Shipyard Man- and civilians and will continue to steer meaningful because ‘‘this kind of agement Program, where he has the course of our Navy well into the fu- brightens our year, to know that there worked tirelessly with his peers ture. are people thinking about you, that throughout government and industry Mr. Divens received his bachelor of care about you.’’ Surely, that kind of to promote the open interchange of science degree from the U.S. Merchant reaction is all the reward volunteers ideas and information and constantly Marine Academy in Kings Point, NY in want for their efforts. Every day, these improve shipbuilding and ship repair 1979 and his master of science degree generous and dedicated men and processes and technology. from the University of Maryland in women show the residents of the Grand In 2002, Mr. Divens joined the Pro- 1997. Throughout his distinguished Fed- gram Executive Office, Ships, where he Rapids Home for Veterans that the eral service career, he has been hon- has played a critical role in defining American people have not forgotten ored with numerous awards for his ex- and fielding our Navy’s future Surface them or their service to our Nation. ceptional service, including the Navy It is in this spirit of generosity that Fleet. During his tenure and as a result Distinguished Civilian Service Medal, I know my colleagues will join me in of his sound stewardship, 31 ships have the Meritorious Presidential Rank recognizing and thanking all those who been delivered to the U.S. Navy and volunteered at the Grand Rapids Home our allies, including two first of class Award and, most recently, the Rear for Veterans. The positive impact they vessels—USS SAN ANTONIO (LPD 17) Admiral Wayne E. Meyer Memorial have had on the lives of Michigan vet- and USNS LEWIS AND CLARK (T-AKE Award. erans is tremendous, and I extend my 1)—and the amphibious assault ship Mr. Divens’ tireless leadership and deepest appreciation for their service.∑ USS MAKIN ISLAND (LHD 8), widely lifelong commitment to the Navy’s f lauded for its revolutionary applica- shipbuilding capability have earned tion of hybrid technology and integra- him the deep respect of his peers and TRIBUTE TO ARTHUR W. DIVENS, tion of environmental efficiencies and JR. shipmates throughout the Navy acqui- fuel conservation initiatives in the ear- sition and fleet support communities. ∑ Ms. MIKULSKI. Madam President, liest stages of ship design. In the past It is, therefore, a pleasure to recognize today I recognize an outstanding public year, he has worked tirelessly with him for his many contributions in a servant and longstanding resident of General Dynamics NASSCO to contract life devoted to our nation’s security. I the great State of Maryland, Arthur W. for three affordable and flexible mobile know my colleagues join me in wishing Divens, Jr., as he completes more than landing platforms, saving the Navy 31 years of continuous service within nearly $2.1 billion and preserving the him, his wife Joan, his daughters Ali- the civilian leadership of the Depart- shipbuilding capability of the Navy’s son, Laura and Molly, and his grandson ment of Defense. Mr. Divens began his only west coast shipyard. He has been Daniel much happiness and fair winds public service life in naval shipbuilding an influential advisor to the LHA 8 and following seas as they begin a new as a project engineer/contracting rep- analysis of alternatives which will re- chapter in their lives together.∑ resentative for the Military Sealift sult in a well deck ship configuration Command and is ending it as executive for the next Marine Corps large deck f director for the Amphibious Warfare amphibious ship, and has worked to and Sealift Office, Program Executive maximize competition in the Ship to RECOGNIZING BLACKSMITHS Office, Ships, where he oversees one of Shore Connector Program, which will WINERY the broadest acquisition portfolios in provide an unprecedented level of sup- the Navy—including more than $30 bil- port to amphibious forces. He has been ∑ Ms. SNOWE. Madam President, my lion in complex shipbuilding procure- the central figure in some of the home State of Maine’s long tradition of ments. Highly respected throughout Navy’s toughest negotiations involving entrepreneurship includes a marked the DOD acquisition community as a nearly $10 billion in Navy shipbuilding dedication to creative and quality visionary leader and a man of uncom- funding, to include the award of LPD craftsmanship. Small businesses in mon character, he has left a long and 22–26 and the LHA 6 amphibious assault Maine strive to be both imaginative in lasting legacy to our Nation—both ship, the joint high speed vessel com- design and superior in value. One such through his unparalleled contributions petition, and the Landing Craft Air small business is Blacksmiths Winery to the strength and flexibility of our Cushion Service Life Extension Pro- of South Casco, one of Maine’s largest Navy’s surface forces and through the gram. At the heart of his efforts has wineries and the first in the State to be generation of professionals that he has been a relentless drive to improve the awarded both the silver and bronze mentored throughout his time in Fed- strength, capability, and flexibility of medals in international wine competi- eral service. Today, it is my great our operating forces at the best pos- tions. Today I commend Blacksmiths pleasure to recognize his achievements sible value to the American public. Winery on their continued success and and to thank him and his family for Mr. Divens is also responsible for commitment to excellence. their service to the Navy and our Na- more than 100 foreign military sales tion. cases, with more than 30 nations and a In the late 1800s, William Watkins Mr. Divens has a long and distin- collective value of nearly $2 billion. Of lived and worked as an apprentice and guished career of innovative thinking special note has been his direct effort blacksmith in South Casco. He was and aggressive execution of ship- with United States Forces—Iraq, help- known to be an exacting craftsman, in- building programs across the entire ing Iraqi security forces develop the sisting upon making his own nails to spectrum of naval shipbuilding. He has tools they need to defeat terrorism and ensure quality, rather than using the been directly involved in the design, sustain an environment where they can machine made variety. After William construction, or delivery of over 150 live free. stopped working the blacksmith’s ships and over 1,000 small boats and Mr. Divens’ contributions to our Na- forge, his son Albert shouldered the re- craft, more than any other individual tion extend far beyond his material sponsibility of the family business.

VerDate Mar 15 2010 04:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.010 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5900 CONGRESSIONAL RECORD — SENATE September 22, 2011 Over 100 years later, Blacksmiths Win- EXECUTIVE MESSAGES REFERRED S. 846. An act to designate the United ery opened in the same location, which States courthouse located at 80 Lafayette As in executive session the Presiding Street in Jefferson City, Missouri, as the remains full of entrepreneurial vigor. Officer laid before the Senate messages The original buildings, including Wat- Christopher S. Bond United States Court- from the President of the United house. kins’ home, barn, and shop make up States submitting sundry nominations f the main structures of Blacksmiths which were referred to the appropriate Winery. As it takes its name from the committees. EXECUTIVE AND OTHER profession of the earlier tenants, so (The nominations received today are COMMUNICATIONS Blacksmiths Winery certainly carries printed at the end of the Senate pro- The following communications were on the same enthusiasm for craftsman- ceedings.) laid before the Senate, together with ship. f accompanying papers, reports, and doc- Blacksmiths Winery opened its doors MESSAGES FROM THE HOUSE uments, and were referred as indicated: in 1999, producing 1,000 cases of wine in EC–3336. A communication from the Direc- the first year, and has since contin- At 10:52 a.m., a message from the tor of the Regulatory Management Division, ually grown and expanded their award- House of Representatives, delivered by Office of Policy, Environmental Protection winning product. Blacksmiths Winery Mr. Novotny, one of its reading clerks, Agency, transmitting, pursuant to law, the now offers its customers a wide variety announced that the House has passed report of a rule entitled ‘‘Approval, and Pro- of over 20 different wines and sodas. the following bills, in which it requests mulgation of Air Quality Implementation They produce the more traditional red the concurrence of the Senate: Plans; Indiana; Redesignation of the Evans- and white wines, such as Cabernet ville Area to Attainment of the Fine Partic- H.R. 2883. An act to amend part B of title ulate Matter Standard’’ (FRL No. 9469–5) re- Sauvignon, but are widely popular for IV of the Social Security Act to extend the ceived in the Office of the President of the their fruitier and more adventurous child and family services program through Senate on September 20, 2011; to the Com- flavors, including raspberry and rhu- fiscal year 2016, and for other purposes. mittee on Environment and Public Works. barb wines. Many of Blacksmiths’ prod- H.R. 2943. An act to extend the program of EC–3337. A communication from the Direc- ucts are based on the flavors of locally block grants to States for temporary assist- tor of the Regulatory Management Division, ance for needy families and related programs Office of Policy, Environmental Protection grown Maine blueberries, elderberries, through December 31, 2011. cranberries, and apples. Blacksmiths Agency, transmitting, pursuant to law, the The message also announced that the report of a rule entitled ‘‘Approval and Pro- also makes nonalcoholic soda from House passed the following bill, with- mulgation of Air Quality Implementation wine grapes, including Merlot and Ries- out amendment: Plans; Maryland; Transportation Conformity ling flavors, and is continually seeking Regulations’’ (FRL No. 9470–2) received in S. 846. An act to designate the United to expand its offerings. Visitors can the Office of the President of the Senate on States courthouse located at 80 Lafayette taste these wines and sodas any day of September 20, 2011; to the Committee on En- Street in Jefferson City, Missouri, as the vironment and Public Works. the week, and on weekends, Black- Christopher S. Bond United States Court- EC–3338. A communication from the Direc- smiths opens its beautiful porch to house. tor of the Regulatory Review Group, Farm guests where they can relax and enjoy The message further announced that a variety of beverages. Service Agency, Department of Agriculture, the House agreed to the following con- transmitting, pursuant to law, the report of Highlighting Blacksmiths ingenuity, current resolution, without amend- a rule entitled ‘‘Guaranteed Loan Fees’’ one of the company’s popular fruit ment: (RIN0560–AH41) received in the Office of the President of the Senate on September 21, wines came about completely by S. Con. Res. 28. Concurrent resolution au- 2011; to the Committee on Agriculture, Nu- chance. Through a packaging flaw, thorizing the use of Emancipation Hall in trition, and Forestry. Blacksmiths acquired a large bunch of the Capitol Visitor Center for an event to EC–3339. A communication from the Assist- raspberries. Rather than waste the award the Congressional Gold Medal, collec- ant Secretary, Department of the Treasury, tively, to the 100th Infantry Battalion, 442nd fruit, the company produced sample transmitting, pursuant to law, the Office of Regimental Combat Team, and the Military batches of what has become its rasp- Financial Research’s annual report on re- Intelligence Service, United States Army, in berry dessert wine. This happy acci- cruitment and retention, training and work- recognition of their dedicated service during dent was then sent to the shelves at re- force development, and workforce flexibili- World War II. tail locations across Maine, to the de- ties; to the Committee on Banking, Housing, light of thirsty wine drinkers. This in- ENROLLED BILL SIGNED and Urban Affairs. genuity is an example of the sort of At 5:42 p.m., a message from the EC–3340. A communication from the Assist- creativity and adaptability, so char- House of Representatives, delivered by ant Secretary, Bureau of Legislative Affairs, Mrs. Cole, one of its reading clerks, an- Department of State, transmitting, pursuant acteristic of Maine entrepreneurs, that to law, an annual report relative to the continues to keep the markets fresh nounced that the Speaker has signed the following enrolled bill: United States Participation in the United with new and interesting products for Nations; to the Committee on Foreign Rela- consumers. S. 846. An act to designate the United tions. States courthouse located at 80 Lafayette EC–3341. A communication from the Chief Blacksmiths Winery has dem- Street in Jefferson City, Missouri, as the onstrated a never quenching thirst to Privacy Officer, Privacy Office, Department Christopher S. Bond United States Court- of Homeland Security, transmitting, pursu- utilize new techniques and experiment house. ant to law, a report entitled ‘‘Department of with unique flavor combinations, a The enrolled bill was subsequently Homeland Security Privacy Office 2011 An- quality which has led in large measure signed by the President pro tempore nual Report to Congress’’; to the Committee to their growing recognition. Indeed, (Mr. INOUYE). on Homeland Security and Governmental Af- the company’s popularity is growing, fairs. f as it has recently begun shipping its EC–3342. A communication from the Chief award-winning wines to a number of MEASURES READ THE FIRST TIME Privacy Officer, Privacy Office, Department out-of-state locations. I thank every- of Homeland Security, transmitting, pursu- The following bill was read the first ant to law, a report entitled ‘‘Privacy Office one at the Blacksmiths Winery for time: Third Quarter Fiscal Year 2011 Report to their hard work and innovation, and S. 1619. A bill to provide for identification Congress’’; to the Committee on Homeland wish them the best success in years to of misaligned currency, require action to Security and Governmental Affairs. come.∑ correct the misalignment, and for other pur- EC–3343. A communication from the Officer poses. for Civil Rights and Civil Liberties, Depart- ment of Homeland Security, transmitting, f f pursuant to law, a report entitled ‘‘Depart- ENROLLED BILL PRESENTED ment of Homeland Security Office for Civil MESSAGES FROM THE PRESIDENT The Secretary of the Senate reported Rights and Civil Liberties Fiscal Year 2010 Annual and Consolidated Reports to Con- Messages from the President of the that on today, September 22, 2011, she gress’’; to the Committee on Homeland Secu- United States were communicated to had presented to the President of the rity and Governmental Affairs. the Senate by Mr. Pate, one of his sec- United States the following enrolled EC–3344. A communication from the Acting retaries. bill: District of Columbia Auditor, transmitting,

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.051 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5901 pursuant to law, a report entitled ‘‘Audit of of Homeland Security, transmitting, pursu- ((RIN1625–AA00) (Docket No. USCG–2011– the Urban Forestry Administration of the ant to law, the report of a rule entitled 0511)) received in the Office of the President District Department of Transportation’’; to ‘‘Safety Zone; Cleveland National Air Show, of the Senate on September 21, 2011; to the the Committee on Homeland Security and Lake Erie, Cleveland, OH’’ ((RIN1625–AA00) Committee on Commerce, Science, and Governmental Affairs. (Docket No. USCG–2011–0795)) received in the Transportation. EC–3345. A communication from the Assist- Office of the President of the Senate on Sep- EC–3362. A communication from the Attor- ant Attorney General, Office of Legislative tember 21, 2011; to the Committee on Com- ney, U.S. Coast Guard, Department of Home- Affairs, Department of Justice, transmit- merce, Science, and Transportation. land Security, transmitting, pursuant to ting, pursuant to law, legislative proposals EC–3354. A communication from the Attor- law, the report of a rule entitled ‘‘Safety relative to strengthening the protections af- ney Advisor, U.S. Coast Guard, Department Zone; Upper Mississippi River, Mile 180.0 to forded to servicemembers and their families of Homeland Security, transmitting, pursu- 179.0’’ ((RIN1625–AA00) (Docket No. USCG– under existing civil rights laws; to the Com- ant to law, the report of a rule entitled 2011–0385)) received in the Office of the Presi- mittee on the Judiciary. ‘‘Safety Zone; Coast Guard Exercise, Detroit dent of the Senate on September 21, 2011; to EC–3346. A communication from the Attor- River, Ambassador Bridge to the Western the Committee on Commerce, Science, and ney Advisor, U.S. Coast Guard, Department Tip of Belle Isle’’ ((RIN1625–AA00) (Docket Transportation. of Homeland Security, transmitting, pursu- No. USCG–2011–0754)) received in the Office of EC–3363. A communication from the Attor- ant to law, the report of a rule entitled the President of the Senate on September 21, ney, U.S. Coast Guard, Department of Home- ‘‘Safety Zone; Apache Pier Labor Day Week- 2011; to the Committee on Commerce, land Security, transmitting, pursuant to end Fireworks Display, Atlantic Ocean, Myr- Science, and Transportation. law, the report of a rule entitled ‘‘Safety tle Beach, SC’’ ((RIN1625–AA00) (Docket No. EC–3355. A communication from the Attor- Zone; Big Sioux River From the Military USCG–2011–0713)) received in the Office of the ney Advisor, U.S. Coast Guard, Department Road Bridge North Sioux City to the Con- President of the Senate on September 21, of Homeland Security, transmitting, pursu- fluence of the Missouri River, SD’’ ((RIN1625– 2011; to the Committee on Commerce, ant to law, the report of a rule entitled AA00) (Docket No. USCG–2011–0528)) received Science, and Transportation. ‘‘Safety Zone; Port Huron Float Down, St. in the Office of the President of the Senate EC–3347. A communication from the Attor- Clair River, Port Huron, MI’’ ((RIN1625– on September 21, 2011; to the Committee on ney Advisor, U.S. Coast Guard, Department AA00) (Docket No. USCG–2011–0752)) received Commerce, Science, and Transportation. of Homeland Security, transmitting, pursu- in the Office of the President of the Senate EC–3364. A communication from the Attor- ant to law, the report of a rule entitled on September 21, 2011; to the Committee on ney, U.S. Coast Guard, Department of Home- ‘‘Safety Zone; Thunder on Niagara, Niagara Commerce, Science, and Transportation. land Security, transmitting, pursuant to River, North Tonawanda, NY’’ ((RIN1625– EC–3356. A communication from the Attor- law, the report of a rule entitled ‘‘Safety AA00) (Docket No. USCG–2011–0718)) received ney Advisor, U.S. Coast Guard, Department Zone; Labor Day at the Landing Santa Rosa in the Office of the President of the Senate of Homeland Security, transmitting, pursu- Sound, Fort Walton Beach, FL’’ ((RIN1625– on September 21, 2011; to the Committee on ant to law, the report of a rule entitled AA00) (Docket No. USCG–2011–0709)) received Commerce, Science, and Transportation. ‘‘Safety Zone; ISAF Nations Cup Grand in the Office of the President of the Senate EC–3348. A communication from the Attor- Final Fireworks Display, Sheboygan, WI’’ on September 21, 2011; to the Committee on ney Advisor, U.S. Coast Guard, Department ((RIN1625–AA00) (Docket No. USCG–2011– Commerce, Science, and Transportation. of Homeland Security, transmitting, pursu- 0755)) received in the Office of the President EC–3365. A communication from the Attor- ant to law, the report of a rule entitled of the Senate on September 21, 2011; to the ney, U.S. Coast Guard, Department of Home- ‘‘Safety Zone; Patuxent River, Patuxent Committee on Commerce, Science, and land Security, transmitting, pursuant to River, MD’’ ((RIN1625–AA00) (Docket No. Transportation. law, the report of a rule entitled ‘‘Safety USCG–2011–0426)) received in the Office of the EC–3357. A communication from the Attor- Zones; Eleventh Coast Guard District An- President of the Senate on September 21, ney Advisor, U.S. Coast Guard, Department nual Fireworks Events’’ ((RIN1625–AA00) 2011; to the Committee on Commerce, of Homeland Security, transmitting, pursu- (Docket No. USCG–2009–0559)) received in the Science, and Transportation. EC–3349. A communication from the Attor- ant to law, the report of a rule entitled Office of the President of the Senate on Sep- ney Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; TriMet Bridge Project, Wil- tember 21, 2011; to the Committee on Com- of Homeland Security, transmitting, pursu- lamette River; Portland, OR’’ ((RIN1625– merce, Science, and Transportation. EC–3366. A communication from the Attor- ant to law, the report of a rule entitled AA00) (Docket No. USCG–2011–0279)) received ney Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; August Fireworks Displays in the Office of the President of the Senate and Swim Events in the Captain of the Port on September 21, 2011; to the Committee on of Homeland Security, transmitting, pursu- New York Zone’’ ((RIN1625–AA00) (Docket Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Se- No. USCG–2011–0688)) received in the Office of EC–3358. A communication from the Attor- curity Zone; Potomac River, Georgetown the President of the Senate on September 21, ney Advisor, U.S. Coast Guard, Department Channel, Washington, DC’’ ((RIN1625–AA87) 2011; to the Committee on Commerce, of Homeland Security, transmitting, pursu- (Docket No. USCG–2011–0760)) received in the Science, and Transportation. ant to law, the report of a rule entitled Office of the President of the Senate on Sep- EC–3350. A communication from the Attor- ‘‘Safety Zone; Discovery World Private Wed- tember 21, 2011; to the Committee on Com- ney Advisor, U.S. Coast Guard, Department ding Firework Displays, Milwaukee, WI’’ merce, Science, and Transportation. of Homeland Security, transmitting, pursu- ((RIN1625–AA00) (Docket No. USCG–2011– EC–3367. A communication from the Attor- ant to law, the report of a rule entitled 0717)) received in the Office of the President ney Advisor, U.S. Coast Guard, Department ‘‘Safety Zone; ESI Ironman 70.3 Augusta of the Senate on September 21, 2011; to the of Homeland Security, transmitting, pursu- Triathlon, Savannah River, Augusta, GA’’ Committee on Commerce, Science, and ant to law, the report of a rule entitled ‘‘Se- ((RIN1625–AA00) (Docket No. USCG–2011– Transportation. curity Zone; 2011 Seattle Seafair Fleet Week 0691)) received in the Office of the President EC–3359. A communication from the Attor- Moving Vessels, Puget Sound, Washington; of the Senate on September 21, 2011; to the ney Advisor, U.S. Coast Guard, Department correction’’ (Docket No. USCG–2011–0505) re- Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- ceived in the Office of the President of the Transportation. ant to law, the report of a rule entitled Senate on September 21, 2011; to the Com- EC–3351. A communication from the Attor- ‘‘Safety Zone; Suttons Bay Labor Day Fire- mittee on Commerce, Science, and Transpor- ney Advisor, U.S. Coast Guard, Department works, Suttons Bay, Grand Traverse Bay, tation. of Homeland Security, transmitting, pursu- MI’’ ((RIN1625–AA00) (Docket No. USCG–2011– EC–3368. A communication from the Chief, ant to law, the report of a rule entitled 0719)) received in the Office of the President Wireline Competition Bureau, Federal Com- ‘‘Safety Zone; 2011 Rohto Ironman 70.3 of the Senate on September 21, 2011; to the munications Commission, transmitting, pur- Miami, Biscayne Bay, Miami, FL’’ ((RIN1625– Committee on Commerce, Science, and suant to law, the report of a rule entitled AA00) (Docket No. USCG–2011–0195)) received Transportation. ‘‘Telecommunications Relay Services and in the Office of the President of the Senate EC–3360. A communication from the Attor- Speech-to-Speech Services for Individuals on September 21, 2011; to the Committee on ney, U.S. Coast Guard, Department of Home- with Hearing and Speech Disabilities; E911 Commerce, Science, and Transportation. land Security, transmitting, pursuant to Requirements for IP-Enabled Service Pro- EC–3352. A communication from the Attor- law, the report of a rule entitled ‘‘Safety viders; Internet-Based Telecommunications ney Advisor, U.S. Coast Guard, Department Zone; Allegheny River; Pittsburgh, PA’’ Relay Service Numbering’’ ((RIN3060–AI15) of Homeland Security, transmitting, pursu- ((RIN1625–AA00) (Docket No. USCG–2011– (FCC 11–123)) received in the Office of the ant to law, the report of a rule entitled 0695)) received in the Office of the President President of the Senate on September 21, ‘‘Safety Zone; Labor Day Fireworks, of the Senate on September 21, 2011; to the 2011; to the Committee on Commerce, Ancarrows Landing Park, James River, Committee on Commerce, Science, and Science, and Transportation. Richmond, VA’’ ((RIN1625–AA00) (Docket No. Transportation. EC–3369. A communication from the Attor- USCG–2011–0546)) received in the Office of the EC–3361. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department President of the Senate on September 21, ney, U.S. Coast Guard, Department of Home- of Homeland Security, transmitting, pursu- 2011; to the Committee on Commerce, land Security, transmitting, pursuant to ant to law, the report of a rule entitled Science, and Transportation. law, the report of a rule entitled ‘‘Safety ‘‘Drawbridge Operation Regulation; EC–3353. A communication from the Attor- Zone; Missouri River From the Border Be- Bonfouca Bayou, Slidell, LA’’ ((RIN1625– ney Advisor, U.S. Coast Guard, Department tween Montana and North Dakota’’ AA09) (Docket No. USCG–2009–0863)) received

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.026 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5902 CONGRESSIONAL RECORD — SENATE September 22, 2011 in the Office of the President of the Senate REPORTS OF COMMITTEES S. 1600. A bill to enhance the ability of on September 21, 2011; to the Committee on community banks to foster economic growth Commerce, Science, and Transportation. The following reports of committees and serve their communities, boost small EC–3370. A communication from the Attor- were submitted: businesses, increase individual savings, and ney-Advisor, U.S. Coast Guard, Department By Mr. HARKIN, from the Committee on for other purposes; to the Committee on Fi- of Homeland Security, transmitting, pursu- Appropriations, without amendment: nance. ant to law, the report of a rule entitled S. 1599. An original bill making appropria- By Mr. LEAHY: ‘‘Eleventh Coast Guard District Annual Ma- tions for Departments of Labor, Health and S. 1601. An original bill making appropria- rine Events’’ ((RIN1625–AA08) (Docket No. Human Services, and Education, and related tions for the Department of State, foreign USCG–2009–0558)) received in the Office of the agencies for the fiscal year ending Sep- operations, and related programs for the fis- President of the Senate on September 21, tember 30, 2012, and for other purposes (Rept. cal year ending September 30, 2012, and for 2011; to the Committee on Commerce, No. 112–84). other purposes; from the Committee on Ap- Science, and Transportation. By Mr. LEAHY, from the Committee on propriations; placed on the calendar. EC–3371. A communication from the Attor- Appropriations, without amendment: By Mr. CRAPO (for himself, Ms. CANT- ney-Advisor, U.S. Coast Guard, Department S. 1601. An original bill making appropria- WELL, Mr. RISCH, and Mr. WYDEN): of Homeland Security, transmitting, pursu- tions for the Department of State, foreign S. 1602. A bill to amend the Internal Rev- ant to law, the report of a rule entitled operations, and related programs for the fis- enue Code of 1986 to expand the technologies ‘‘Regulation Navigation Area; Portsmouth cal year ending September 30, 2012, and for through which a vehicle qualifies for the Naval Shipyard, Portsmouth, NH’’ ((RIN1625– other purposes (Rept. No. 112–85). credit for new qualified plug-in electric drive AA11) (Docket No. USCG–2011–0708)) received By Mr. INOUYE, from the Committee on motor vehicles; to the Committee on Fi- in the Office of the President of the Senate Appropriations: nance. on September 21, 2011; to the Committee on Special Report entitled ‘‘Further Revised By Ms. CANTWELL (for herself and Commerce, Science, and Transportation. Allocation to Subcommittees of Budget To- Mr. LUGAR): EC–3372. A communication from the Attor- tals for Fiscal Year 2012’’ (Rept. No. 112–86). S. 1603. A bill to enable transportation fuel ney-Advisor, U.S. Coast Guard, Department By Mr. LEAHY, from the Committee on competition, consumer choice, and greater of Homeland Security, transmitting, pursu- the Judiciary, with an amendment: use of domestic energy sources in order to ant to law, the report of a rule entitled ‘‘Spe- H.R. 2480. A bill to amend title 5, United reduce our Nation’s dependence on foreign cial and Local Regulation and Safety Zones; States Code, to authorize appropriations for oil; to the Committee on Commerce, Science, Marine Events in Captain of the Port Long the Administrative Conference of the United and Transportation. Island Sound Zone’’ ((RIN1625–AA00, States for fiscal years 2012, 2013, and 2014, By Mr. CORNYN: RIN1625–AA08) (Docket No. USCG–2011–0553)) and for other purposes. S. 1604. A bill to provide additional re- received in the Office of the President of the By Mr. LEAHY, from the Committee on sources and funding for construction and in- Senate on September 21, 2011; to the Com- the Judiciary, with an amendment in the na- frastructure improvements at United States mittee on Commerce, Science, and Transpor- ture of a substitute: land ports of entry, to open additional in- tation. S. 1151. A bill to prevent and mitigate iden- spection lanes, to hire more inspectors, and EC–3373. A communication from the Attor- tity theft, to ensure privacy, to provide no- for other purposes; to the Committee on ney-Advisor, U.S. Coast Guard, Department tice of security breaches, and to enhance Homeland Security and Governmental Af- of Homeland Security, transmitting, pursu- criminal penalties, law enforcement assist- fairs. ant to law, the report of a rule entitled ‘‘Spe- ance, and other protections against security By Mr. KERRY (for himself, Mrs. cial and Local Regulation and Safety Zones; breaches, fraudulent access, and misuse of GILLIBRAND, Mr. HARKIN, Mr. INOUYE, Mattaponi Madness Drag Boat Race, personally identifiable information. Mr. MERKLEY, Mrs. MURRAY, Mr. S. 1535. A bill to protect consumers by Mattaponi River, Wakema, VA’’ ((RIN1625– WHITEHOUSE, and Mr. COONS): AA08) (Docket No. USCG–2011–0744)) received mitigating the vulnerability of personally S. 1605. A bill to amend the Fair Housing in the Office of the President of the Senate identifiable information to theft through a Act, and for other purposes; to the Com- on September 21, 2011; to the Committee on security breach, providing notice and rem- mittee on the Judiciary. Commerce, Science, and Transportation. edies to consumers in the wake of such a By Mr. PORTMAN (for himself, Mr. breach, holding companies accountable for EC–3374. A communication from the Attor- PRYOR, and Ms. COLLINS): ney-Advisor, U.S. Coast Guard, Department preventable breaches, facilitating the shar- S. 1606. A bill to reform the process by of Homeland Security, transmitting, pursu- ing of post-breach technical information be- which Federal agencies analyze and formu- ant to law, the report of a rule entitled ‘‘Spe- tween companies, and enhancing criminal late new regulations and guidance docu- cial Local Regulations; Sabine River, Or- and civil penalties and other protections ments; to the Committee on Homeland Secu- ange, TX’’ ((RIN1625–AA08) (Docket No. against the unauthorized collection or use of rity and Governmental Affairs. USCG–2011–0194)) received in the Office of the personally identifiable information. By Mr. BLUMENTHAL (for himself and President of the Senate on September 21, f Mr. LIEBERMAN): 2011; to the Committee on Commerce, EXECUTIVE REPORT OF S. 1607. A bill to include shellfish to the Science, and Transportation. list of crops eligible for the noninsured crop COMMITTEE EC–3375. A communication from the Attor- disaster assistance program and the emer- ney-Advisor, U.S. Coast Guard, Department The following executive report of a gency assistance for livestock program of of Homeland Security, transmitting, pursu- nomination was submitted: the Department of Agriculture; to the Com- ant to law, the report of a rule entitled ‘‘Spe- By Mr. LEAHY for the Committee on the mittee on Agriculture, Nutrition, and For- cial Local Regulations for Marine Events; Judiciary. estry. Patuxent River, Solomons, MD’’ ((RIN1625– David B. Barlow, of Utah, to be United By Mr. WHITEHOUSE (for himself, Mr. AA08) (Docket No. USCG–2011–0266)) received States Attorney for the District of Utah for KIRK, Mrs. BOXER, Mrs. FEINSTEIN, in the Office of the President of the Senate the term of four years. Mr. INOUYE, and Mr. CASEY): on September 21, 2011; to the Committee on S. 1608. A bill to amend title 18, United Commerce, Science, and Transportation. (Nominations without an asterisk States Code, to provide penalties for aiming EC–3376. A communication from the Attor- were reported with the recommenda- laser pointers at airplanes, and for other pur- ney-Advisor, U.S. Coast Guard, Department tion that they be confirmed.) poses; to the Committee on the Judiciary. of Homeland Security, transmitting, pursu- f By Mr. HARKIN (for himself, Mr. ant to law, the report of a rule entitled LEAHY, and Mr. INOUYE): ‘‘Regulated Navigation Area; Columbus Day INTRODUCTION OF BILLS AND S. 1609. A bill to require the Secretary of Weekend, Biscayne Bay, Miami, FL’’ JOINT RESOLUTIONS Health and Human Services to establish a ((RIN1625–AA11) (Docket No. USCG–2011– The following bills and joint resolu- demonstration program to award grants to, 0044)) received in the Office of the President tions were introduced, read the first and enter into contracts with, medical-legal of the Senate on September 21, 2011; to the partnerships to assist patients and their Committee on Commerce, Science, and and second times by unanimous con- families to navigate health-related programs Transportation. sent, and referred as indicated: and activities; to the Committee on Health, EC–3377. A communication from the Attor- By Mr. HARKIN: Education, Labor, and Pensions. ney-Advisor, U.S. Coast Guard, Department S. 1599. An original bill making appropria- By Mr. BARRASSO (for himself, Mr. of Homeland Security, transmitting, pursu- tions for Departments of Labor, Health and MANCHIN, Mr. BLUNT, and Ms. LAN- ant to law, the report of a rule entitled Human Services, and Education, and related DRIEU): ‘‘Regulated Navigation Area; Arthur Kill, agencies for the fiscal year ending Sep- S. 1610. A bill to provide additional time NY and NJ’’ ((RIN1625–AA11) (Docket No. tember 30, 2012, and for other purposes; from for the Administrator of the Environmental USCG–2011–0727)) received in the Office of the the Committee on Appropriations; placed on Protection Agency to promulgate achievable President of the Senate on September 21, the calendar. standards for cement manufacturing facili- 2011; to the Committee on Commerce, By Mr. MORAN (for himself, Mr. ties, and for other purposes; to the Com- Science, and Transportation. BLUNT, and Mr. BARRASSO): mittee on Environment and Public Works.

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.028 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5903

By Mr. JOHNSON of Wisconsin (for LAUTENBERG, Mr. FRANKEN, Mr. S. 296 himself, Ms. AYOTTE, Mr. PAUL, and MERKLEY, Mr. SANDERS, Mr. At the request of Ms. KLOBUCHAR, the Mr. JOHANNS): BLUMENTHAL, Mr. WYDEN, Mr. DUR- name of the Senator from New Mexico S. 1611. A bill to reduce the size of the Fed- BIN, Mr. CARDIN, Mr. AKAKA, Mr. (Mr. BINGAMAN) was added as a cospon- eral workforce through attrition, and for WHITEHOUSE, Mr. COONS, Mrs. SHA- other purposes; to the Committee on Home- HEEN, Ms. LANDRIEU, and Mr. LEAHY): sor of S. 296, a bill to amend the Fed- land Security and Governmental Affairs. S. 1621. A bill to create livable commu- eral Food, Drug, and Cosmetic Act to By Mrs. FEINSTEIN (for herself, Mr. nities through coordinated public invest- provide the Food and Drug Administra- GRASSLEY, Mr. SCHUMER, Mr. ment and streamlined requirements, and for tion with improved capacity to prevent BLUMENTHAL, Mr. CASEY, Mr. UDALL other purposes; to the Committee on Bank- drug shortages. of New Mexico, and Mr. WYDEN): ing, Housing, and Urban Affairs. S. 1612. A bill to provide the Department of S. 634 Justice with additional tools to target f At the request of Mr. SCHUMER, the extraterritorial drug trafficking activity; to SUBMISSION OF CONCURRENT AND name of the Senator from Colorado the Committee on the Judiciary. SENATE RESOLUTIONS (Mr. BENNET) was added as a cosponsor By Mr. REED (for himself and Mrs. of S. 634, a bill to ensure that the HUTCHISON): The following concurrent resolutions S. 1613. A bill to improve and enhance re- and Senate resolutions were read, and courts of the United States may pro- search and programs on childhood cancer referred (or acted upon), as indicated: vide an impartial forum for claims brought by United States citizens and survivorship, and for other purposes; to the By Mr. WHITEHOUSE (for himself, Mr. Committee on Health, Education, Labor, and REED, Mr. FRANKEN, Mr. SANDERS, others against any railroad organized Pensions. Mrs. GILLIBRAND, Mr. LAUTENBERG, as a separate legal entity, arising from By Mr. CASEY: Mr. BLUMENTHAL, and Mr. BROWN of the deportation of United States citi- S. 1614. A bill to provide grants to State Ohio): educational agencies and institutions of zens and others to Nazi concentration S. Res. 274. A resolution expressing the higher education to strengthen elementary camps on trains owned or operated by sense of the Senate that funding for the Fed- and secondary computer science education, such railroad, and by the heirs and sur- eral Pell Grant program should not be cut in and for other purposes; to the Committee on vivors of such persons. any deficit reduction program; to the Com- Health, Education, Labor, and Pensions. mittee on Health, Education, Labor, and S. 752 By Mr. SHELBY (for himself, Mr. Pensions. At the request of Mrs. FEINSTEIN, the CRAPO, Mr. CORKER, Mr. DEMINT, Mr. By Mr. BINGAMAN (for himself, Mr. VITTER, Mr. JOHANNS, Mr. TOOMEY, name of the Senator from Virginia (Mr. ALEXANDER, Mr. UDALL of Colorado, Mr. KIRK, Mr. MORAN, and Mr. WARNER) was added as a cosponsor of S. Mr. UDALL of New Mexico, Ms. CANT- WICKER): 752, a bill to establish a comprehensive S. 1615. A bill to require enhanced eco- WELL, Mrs. GILLIBRAND, Mr. GRAHAM, interagency response to reduce lung Mr. CRAPO, Mr. MCCONNELL, and Mr. nomic analysis and justification of regula- cancer mortality in a timely manner. tions proposed by certain Federal banking, CORKER): housing, securities, and commodity regu- S. Res. 275. A resolution designating Octo- S. 838 lators, and for other purposes; to the Com- ber 30, 2011, as a national day of remem- At the request of Mr. TESTER, the mittee on Banking, Housing, and Urban Af- brance for nuclear weapons program work- name of the Senator from Nevada (Mr. fairs. ers; to the Committee on the Judiciary. HELLER) was added as a cosponsor of S. By Mr. MENENDEZ (for himself and f 838, a bill to amend the Toxic Sub- Mr. ENZI): stances Control Act to clarify the ju- S. 1616. A bill to amend the Internal Rev- ADDITIONAL COSPONSORS risdiction of the Environmental Pro- enue Code of 1986 to exempt certain stock of S. 25 tection Agency with respect to certain real estate investment trusts from the tax At the request of Mr. KIRK, the name sporting good articles, and to exempt on foreign investments in United States real of the Senator from Pennsylvania (Mr. property interests, and for other purposes; to those articles from a definition under TOOMEY) was added as a cosponsor of S. the Committee on Finance. that Act. By Mr. REED (for himself, Mr. 25, a bill to phase out the Federal sugar S. 889 JOHANNS, Mrs. BOXER, Mr. MERKLEY, program, and for other purposes. OCKEFELLER and Mr. FRANKEN): S. 28 At the request of Mr. R , the name of the Senator from Massa- S. 1617. A bill to establish the Council on At the request of Mr. ROCKEFELLER, Healthy Housing and for other purposes; to the name of the Senator from Delaware chusetts (Mr. KERRY) was added as a the Committee on Banking, Housing, and cosponsor of S. 889, a bill to require the (Mr. COONS) was added as a cosponsor Urban Affairs. Secretary of the Treasury to mint By Mr. SCHUMER (for himself, Mr. of S. 28, a bill to amend the Commu- nications Act of 1934 to provide public coins in commemoration of the centen- LEAHY, Mrs. GILLIBRAND, and Mr. nial of the establishment of Mother’s FRANKEN): safety providers an additional 10 mega- S. 1618. A bill to amend section 402 of the hertz of spectrum to support a na- Day. Personal Responsibility and Work Oppor- tional, interoperable wireless S. 1025 tunity Reconciliation Act of 1996 to extend broadband network and authorize the At the request of Mr. LEAHY, the the eligibility period for supplemental secu- names of the Senator from Utah (Mr. rity income benefits for refugees, asylees, Federal Communications Commission and certain other humanitarian immigrants, to hold incentive auctions to provide LEE) and the Senator from Kansas (Mr. and for other purposes; to the Committee on funding to support such a network, and ROBERTS) were added as cosponsors of Finance. for other purposes. S. 1025, a bill to amend title 10, United By Mr. BROWN of Ohio (for himself, S. 102 States Code, to enhance the national Mr. SCHUMER, Mr. GRAHAM, Ms. At the request of Mr. MCCAIN, the defense through empowerment of the SNOWE, Ms. STABENOW, Mr. SESSIONS, name of the Senator from Indiana (Mr. National Guard, enhancement of the Mr. CASEY, Mr. BURR, Mr. WHITE- LUGAR) was added as a cosponsor of S. functions of the National Guard Bu- HOUSE, Mr. REED, Mr. BLUMENTHAL, reau, and improvement of Federal- Mr. CONRAD, Ms. COLLINS, Mr. 102, a bill to provide an optional fast- State military coordination in domes- CARDIN, Mr. LEVIN, Mrs. GILLIBRAND, track procedure the President may use Mr. MENENDEZ, Mrs. HAGAN, Mr. when submitting rescission requests, tic emergency response, and for other MANCHIN, and Mr. NELSON of Ne- and for other purposes. purposes. braska): S. 277 S. 1048 S. 1619. A bill to provide for identification At the request of Mr. MENENDEZ, the of misaligned currency, require action to At the request of Mr. BURR, the name correct the misalignment, and for other pur- of the Senator from Vermont (Mr. name of the Senator from North Caro- poses; read the first time. LEAHY) was added as a cosponsor of S. lina (Mr. BURR) was added as a cospon- By Mr. BEGICH (for himself and Ms. 277, a bill to amend title 38, United sor of S. 1048, a bill to expand sanctions CANTWELL): States Code, to furnish hospital care, imposed with respect to the Islamic S. 1620. A bill to ensure the icebreaking ca- medical services, and nursing home Republic of Iran, North Korea, and pabilities of the United States and for other Syria, and for other purposes. purposes; to the Committee on Commerce, care to veterans who were stationed at Science, and Transportation. Camp Lejeune, North Carolina, while S. 1131 By Mr. MENENDEZ (for himself, Mr. the water was contaminated at Camp At the request of Mrs. HAGAN, the REED, Mr. BENNET, Mr. HARKIN, Mr. Lejeune, and for other purposes. name of the Senator from Connecticut

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.031 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5904 CONGRESSIONAL RECORD — SENATE September 22, 2011 (Mr. BLUMENTHAL) was added as a co- (Ms. LANDRIEU) was added as a cospon- Texas (Mr. CORNYN) were added as co- sponsor of S. 1131, a bill to authorize sor of S. 1512, a bill to amend the Inter- sponsors of S. 1595, a bill to prohibit the Secretary of Health and Human nal Revenue Code of 1986 and the Small funding for the United Nations in the Services, acting through the Director Business Act to expand the availability event the United Nations grants Pal- of the Centers for Disease Control and of employee stock ownership plans in S estine a change in status from a perma- Prevention, to establish and implement corporations, and for other purposes. nent observer entity before a com- a birth defects prevention, risk reduc- S. 1514 prehensive peace agreement has been tion, and public awareness program. At the request of Mr. TESTER, the reached with Israel. S. 1211 names of the Senator from California At the request of Mr. JOHANNS, his At the request of Mrs. FEINSTEIN, the (Mrs. BOXER), the Senator from name was added as a cosponsor of S. name of the Senator from Hawaii (Mr. Vermont (Mr. SANDERS), the Senator 1595, supra. AKAKA) was added as a cosponsor of S. from Connecticut (Mr. LIEBERMAN), the S.J. RES. 19 1211, a bill to amend the Federal Food, Senator from New York (Mrs. GILLI- At the request of Mr. HATCH, the Drug, and Cosmetic Act to preserve the BRAND), the Senator from New Jersey name of the Senator from Maine (Ms. effectiveness of medically important (Mr. MENENDEZ) and the Senator from SNOWE) was added as a cosponsor of antibiotics used in the treatment of Oregon (Mr. WYDEN) were added as co- S.J. Res. 19, a joint resolution pro- human and animal diseases. sponsors of S. 1514, a bill to authorize posing an amendment to the Constitu- S. 1214 the President to award a gold medal on tion of the United States authorizing At the request of Mrs. GILLIBRAND, behalf of the Congress to Elouise Congress to prohibit the physical dese- the name of the Senator from Cali- Pepion Cobell, in recognition of her cration of the flag of the United States. fornia (Mrs. FEINSTEIN) was added as a outstanding and enduring contribu- S. CON. RES. 27 cosponsor of S. 1214, a bill to amend tions to American Indians, Alaska Na- At the request of Mr. UDALL of New title 10, United States Code, regarding tives, and the Nation through her tire- Mexico, the name of the Senator from restrictions on the use of Department less pursuit of justice. Alaska (Mr. BEGICH) was added as a co- of Defense funds and facilities for abor- S. 1528 sponsor of S. Con. Res. 27, a concurrent tions. At the request of Mr. JOHANNS, the resolution honoring the service of Ser- S. 1280 name of the Senator from Mississippi geant First Class Leroy Arthur Petry, a native of Santa Fe, New Mexico and At the request of Mrs. BOXER, the (Mr. WICKER) was added as a cosponsor name of the Senator from Louisiana of S. 1528, a bill to amend the Clean Air the second living recipient of the Medal of Honor since the Vietnam War. (Ms. LANDRIEU) was added as a cospon- Act to limit Federal regulation of nui- sor of S. 1280, a bill to amend the Peace sance dust in areas in which that dust S. RES. 232 Corps Act to require sexual assault is regulated under State, tribal, or At the request of Mr. MENENDEZ, the risk-reduction and response training, local law, to establish a temporary pro- name of the Senator from Pennsyl- and the development of sexual assault hibition against revising any national vania (Mr. TOOMEY) was added as a co- protocol and guidelines, the establish- ambient air quality standard applica- sponsor of S. Res. 232, a resolution rec- ment of victims advocates, the estab- ble to coarse particulate matter, and ognizing the continued persecution of lishment of a Sexual Assault Advisory for other purposes. Falun Gong practitioners in China on Council, and for other purposes. S. 1539 the 12th anniversary of the campaign At the request of Mr. ISAKSON, the At the request of Mr. CORNYN, the by the Chinese Communist Party to name of the Senator from Hawaii (Mr. names of the Senator from Texas (Mrs. suppress the Falun Gong movement, AKAKA) was added as a cosponsor of S. HUTCHISON) and the Senator from Flor- recognizing the Tuidang movement 1280, supra. ida (Mr. RUBIO) were added as cospon- whereby Chinese citizens renounce S. 1301 sors of S. 1539, a bill to provide Taiwan their ties to the Chinese Communist Party and its affiliates, and calling for At the request of Mr. LEAHY, the with critically needed United States- an immediate end to the campaign to name of the Senator from Hawaii (Mr. built multirole fighter aircraft to persecute Falun Gong practitioners. AKAKA) was added as a cosponsor of S. strengthen its self-defense capability 1301, a bill to authorize appropriations against the increasing military threat AMENDMENT NO. 634 for fiscal years 2012 to 2015 for the Traf- from China. At the request of Mrs. HUTCHISON, her ficking Victims Protection Act of 2000, S. 1542 name was added as a cosponsor of to enhance measures to combat traf- At the request of Mr. BAUCUS, the amendment No. 634 proposed to H.R. ficking in person, and for other pur- name of the Senator from Washington 2832, a bill to extend the Generalized poses. (Ms. CANTWELL) was added as a cospon- System of Preferences, and for other purposes. S. 1381 sor of S. 1542, a bill to amend part B of At the request of Mr. BROWN of Mas- At the request of Mr. BLUMENTHAL, title IV of the Social Security Act to sachusetts, his name was added as a co- the name of the Senator from Maine extend the child and family services sponsor of amendment No. 634 proposed (Ms. COLLINS) was added as a cosponsor program through fiscal year 2016, and to H.R. 2832, supra. of S. 1381, a bill to provide for the ex- for other purposes. AMENDMENT NO. 650 pansion of Federal efforts concerning S. 1577 At the request of Mr. BROWN of Mas- the prevention, education, treatment, At the request of Mr. BAUCUS, the and research activities related to Lyme name of the Senator from Kansas (Mr. sachusetts, his name was added as a co- sponsor of amendment No. 650 proposed and other tick-borne disease, including ROBERTS) was added as a cosponsor of the establishment of a Tick-Borne Dis- S. 1577, a bill to amend the Internal to H.R. 2832, a bill to extend the Gener- eases Advisory Committee. Revenue Code of 1986 to increase and alized System of Preferences, and for other purposes. S. 1460 make permanent the alternative sim- f At the request of Mr. BAUCUS, the plified research credit, and for other names of the Senator from Vermont purposes. STATEMENTS ON INTRODUCED (Mr. SANDERS) and the Senator from S. 1584 BILLS AND JOINT RESOLUTIONS Louisiana (Ms. LANDRIEU) were added At the request of Mr. BENNET, the By Ms. CANTWELL (for herself as cosponsors of S. 1460, a bill to grant name of the Senator from Ohio (Mr. and Mr. LUGAR): the congressional gold medal, collec- BROWN) was added as a cosponsor of S. S. 1603. A bill to enable transpor- tively, to the First Special Service 1584, a bill to provide for additional tation fuel competition, consumer Force, in recognition of its superior quality control of drugs. choice, and greater use of domestic en- service during World War II. S. 1595 ergy sources in order to reduce our Na- S. 1512 At the request of Mr. HATCH, the tion’s dependence on foreign oil; to the At the request of Mr. CARDIN, the names of the Senator from Kentucky Committee on Commerce, Science, and name of the Senator from Louisiana (Mr. MCCONNELL) and the Senator from Transportation.

VerDate Mar 15 2010 04:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.033 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5905 Ms. CANTWELL. Mr. President, I ment such as the Open Fuels Standard rural areas. Imposing strict dust regu- rise today to introduce legislation to end oil’s monopoly as the lynchpin lations on these communities would aimed at breaking oil’s monopoly over of U.S. energy security, according to a hurt family farmers and rural econo- our Nation’s transportation system. I New York Times op-ed on September 21 mies across Arkansas and our Nation. would like to thank Senator LUGAR for by council members former National Another example comes from a coun- helping develop and agreeing to co- Security Advisor Robert C. McFarlane ty judge in Arkansas. He was rightly sponsor this important bill. and former Director of Central Intel- concerned about a regulation stem- The Open Fuels Standard Act of 2011 ligence R. James Woolsey. ming from the Bush administration would introduce competition among The Open Fuels Standard Act will that would have cost municipalities fuels in the U.S. transportation market also complement and advance other and counties and States across the by ensuring that most new vehicles in key legislation that Congress has country tens of millions of dollars to the United States will be capable of passed in recent years with the goals of replace their street signs. The burden running on a range of domestically pro- transforming the U.S. energy system of paying for hundreds of thousands of duced alternative fuels. to make it more secure, more afford- new signs at costs ranging anywhere By introducing competition among able, and more environmentally sus- from $30 to $110 would have fallen to fuels, the Open Fuels Standard, OFS, tainable. For example, the 2007 Energy State and local governments, and that Act aims to bring bout significant re- Independence and Security Act in- means State and local taxpayers. For- ductions in the high prices paid by U.S. cluded the Renewable Fuels Standard, tunately, as part of the administra- consumers at the gas pump and in our requiring the production of 36 billion tion’s review of regulations, Transpor- Nation’s dangerous overdependence on gallons of biofuels by 2022, and raising tation Secretary Ray LaHood has de- foreign oil. According to the Depart- CAFE standards, corporate average cided that a specific deadline for re- ment of Energy, this lack of competi- fuel economy, for the first time in 20 placing street signs makes no sense tion imposes a ‘‘monopoly premium’’ of and that local and State transpor- more than $200 billion on the economy years for SUVs and trucks. The Open tation agencies are best equipped to de- each year—a direct transfer of U.S. Fuels Standard Act, in conjunction termine when they need to replace wealth to the treasuries of OPEC coun- with policies such as these that we tries and other foreign oil producers. fought hard for in previous Congresses, these signs in the course of their daily Keeping this money within U.S. bor- will play a major role in achieving our work. In his Executive order, President ders would sharply cut the U.S. trade long-term national energy goals. Obama remarked that the regulatory deficit, safeguard U.S. household in- Oil has had a monopoly over trans- system ‘‘must identify and use the come, and provide capital and market portation fuel for too long and Amer- best, most innovative, and least bur- incentive for investment in new U.S. ican drivers have had no choice but to densome tools for achieving regulatory energy infrastructure. pay volatile and elevated prices at the The Open Fuels Standard Act re- pump. I am encouraged by the broad bi- ends.’’ Last month, Cass Sunstein, the quires that starting in 2015, 50 percent partisan and stakeholder support for Administrator of the Office of Informa- of new vehicles manufactured or sold in the Open Fuels Standard Act, and tion and Regulatory Affairs, wrote in the United States be flex fuel capable— again would like to thank Senator the Wall Street Journal that Cabinet that is, able to run on non-petroleum LUGAR, which I believe is a recognition Secretaries were instructed to mini- fuels. These fuels would include domes- that this approach will really help di- mize regulatory costs, avoid imposing tically-produced ethanol or methanol versify our Nation’s energy supply and excessive regulatory burdens, and or other alcohols in addition to—or in- spur investment and job creation. prioritize regulatory actions that pro- stead of—petroleum-based fuels. In mote economic growth and job cre- 2018, 80 percent of new vehicles would By Mr. PORTMAN (for himself, ation. I applaud the administration’s need to be flex-fuel capable. Adoption Mr. PRYOR, and Ms. COLLINS): new directive. of an Open Fuels Standard would spur S. 1606. A bill to reform the process One difference in what the adminis- the development and use of alcohol by which Federal agencies analyze and tration is doing versus what we are fuels such as ethanol and methanol formulate new regulations and guid- doing in the Portman-Pryor legislation that can be made from a wide variety ance documents; to the Committee on is that the President is looking retro- of domestic energy resources including Homeland Security and Governmental spectively. He is doing a review of reg- agricultural waste, energy crops, nat- Affairs. ulations that are on the books now, ural gas, and even trash. By increasing Mr. PRYOR. Mr. President, I have which is good. I welcome that. But the the share of these abundant domestic heard from many Arkansans and busi- Portman-Pryor legislation will be pro- fuels in the U.S. market, the Open nesses, particularly small businesses, spective; it will go forward. We will Fuels Standard Act has the potential which are struggling to meet an in- talk about that more as we go. to eliminate major drag on the Amer- creasing regulatory burden. Each year, I think it is time that Congress re- ican economy, creating new jobs, Federal agencies issue more than 3,000 viewed several of the laws that form strengthening our national security, final rules, many of which have signifi- the basis of our Federal regulatory sys- and addressing challenging environ- cant economic impact. In Executive tem. We need to find ways to make mental concerns such as air quality Order 13563, President Obama empha- these laws more fair, reasonable, and and climate change. sized that our regulatory system effective in meeting the dual chal- Today’s introduction of the Open should promote ‘‘economic growth, in- lenges of protecting the public while Fuels Standard Act coincides with yes- novation, competitiveness, and job cre- making our economy stronger and terday’s launch of the United States ation.’’ I agree. We need a 21st-century more competitive. That is why I have Energy Security Council. The new regulatory system that promotes fu- teamed up with Senator PORTMAN on Council’s purpose is to focus on reduc- ture prosperity. However, there are this important legislation. ing U.S. energy vulnerability and en- some rules where that goal appears to Done right, I believe regulatory re- hancing national security by finding have been ignored and as a result our form can lead to better, cheaper, and alternatives to foreign oil. This new economy suffers. faster rulemaking. Specifically, agen- group’s members include former Sec- Experience suggests that improve- cies should, one, propose or adopt regu- retary of State George Shultz, former ments in the regulatory process are lations only when the benefits justify Secretaries of Defense William Perry necessary to ensure that all agencies the costs; two, write regulations so and Harold Brown, as well as three pay close attention to the impact their that they impose the least burden on former national security advisers, a regulatory actions have on jobs and on society; and three, in choosing among former C.I.A. director, two former sen- the economy. alternative regulatory approaches, se- ators, a Nobel laureate, a former Fed- For example, the EPA is currently lect those that strike the right balance eral Reserve chairman, and several considering more stringent regulations between minimizing costs and maxi- Fortune-50 chief executives. of dust as part of the national ambient mizing benefits. The U.S. Energy Security Council is air quality. From county roads to farm Portman-Pryor amends the Adminis- calling for Congress to enact a require- fields, dust is an unavoidable reality in trative Procedures Act to place greater

VerDate Mar 15 2010 04:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.036 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5906 CONGRESSIONAL RECORD — SENATE September 22, 2011 emphasis on early engagement between tisan but is bicameral. We have two need to address these root causes. agencies and parties subject to high- Members of the U.S. House of Rep- Rather than just applying a temporary impact rules costing $1 billion or more resentatives who have announced this fix to a health issue, they help patients per year and major rules costing $100 legislation with us today: LAMAR get healthy and stay healthy. million or more. These expensive rules SMITH, who is chairman of the Judici- In the process, medical-legal partner- are where our focus should be. In fact, ary Committee, and COLLIN PETERSON, ships generate substantial cost savings as a historical footnote, the Adminis- who is the ranking member on the Ag- for families and the entire health care trative Procedures Act was written in riculture Committee in the House. So system. One study found a 50 percent 1946 and has not really been revised and it is rare when we get bipartisan, bi- reduction in emergency room visits fol- updated since that time. So now that it cameral legislation coming in this Con- lowing the intervention of medical- is 65 years old, I think it is time to gress. legal partnerships, saving families hun- look at it and update it. I hope—I sincerely hope—I will have dreds of dollars per visit. Another Portman-Pryor makes better use of colleagues on both sides of the aisle study showed that medical-legal part- two existing regulatory tools. It re- who will look at this legislation. I hope nerships reduced the cost per pediatric quires an advanced notice of proposed we will get broad bipartisan support asthma patient from $735 to $181 rulemaking for high-impact and major and we will be able to move it through through fewer emergency room visits, rules to enable agencies to solicit writ- the committees and get it to the floor while also resulting in decreased fre- ten data, views, or arguments from in- in a timely fashion. quency and duration of asthma attacks terested parties. Second, although the following an intervention. These cost Administrative Procedures Act already By Mr. HARKIN (for himself, Mr. savings not only help keep families out allows for formal hearings, agencies LEAHY, and Mr. INOUYE): of potentially crippling debt, but they rarely use this option. Portman-Pryor S. 1609. A bill to require the Sec- also help reduce emergency room over- requires an agency to conduct a formal retary of Health and Human Services crowding and decrease health care ex- rulemaking hearing for high-impact to establish a demonstration program penditures on preventable health con- rules and, in some cases, major rules so to award grants to, and enter into con- ditions. that data and information can be de- tracts with, medical-legal partnerships Unfortunately, many patients are un- bated on the record—here again, on the to assist patients and their families to likely to seek legal services on their record. We are trying to make this navigate health-related programs and own. Eighty-five percent of patients process more transparent. activities; to the Committee on Health, who sought legal assistance from one Portman-Pryor strikes a balance be- Education, Labor, and Pensions. medical-legal partnership in California tween minimizing costs and maxi- Mr. HARKIN. Mr. President, today I had not used legal resources before and mizing benefits. The bill makes clear join Senators LEAHY and INOUYE to in- more than 78 percent were not pre- that the agencies are encouraged to troduce the Medical-Legal Partnership viously aware of legal services at all. choose the least costly alternative that for Health Act. This legislation will re- By embedding legal services in health would achieve the objectives of the duce our Nation’s health care costs and care settings, medical-legal partner- statute authorizing the rule. However, improve the health of vulnerable pa- ships raise awareness of legal services the bill also makes clear that the agen- tients by building upon the great work so that patients are more likely to ad- cy may choose—may choose—a more that medical-legal partnerships are dress problems before they turn into costly rule so long as it does two doing every day, all across the United crises. things: one, explains why it has done so States. In an article about medical-legal based on policy concerns addressed by Medical-legal partnerships bring partnerships last year, the Los Angeles the statute authorizing the rule and, legal aid services into medical settings, Times told the story of Maria Perez. two, shows that the added benefits are such as hospitals and community Maria had a fever of 103, her body greater than the added costs, which is health centers, to help patients over- ached and she had trouble breathing. by definition a push toward ‘‘maxi- come problems that create and perpet- After being told in the emergency room mizing benefits.’’ uate poor health. In today’s difficult Today, the length of rulemaking var- that she had pneumonia, she went to a economy, many Americans are strug- ies widely from a few months to several clinic in South Los Angeles for a fol- gling to meet the basic health needs of years. After this reform, times will low-up appointment. The doctor asked themselves and their children. This still vary in about that same amount, Perez about her housing situation. Her but the final rules should be more sta- may mean struggling to pay the high apartment had cockroaches and mice, ble and more credible. A principal goal costs of medical care or prescription and rain fell through a broken window of Portman-Pryor is that the bill may drugs, or putting off an annual check- and filled the walls with mold. The doc- shorten the rulemaking process be- up until next year. tor wrote prescriptions to treat the cause the final rule will be based on But some health care needs are non- pneumonia and an asthma flare-up and more sound, thorough information and medical in nature, like making sure then sent her down the hall to talk to that fewer high-impact and major rules your home is properly heated in the a lawyer. will be vacated by courts and sent back winter; that it is not infested by in- After the attorney contacted both to the agency. sects or rodents; and that it is free of the landlord and the Los Angeles Hous- Finally, the bill reinforces that agen- domestic violence. These needs may re- ing Department, Maria’s living condi- cies must assess both the costs and quire more than just medical care; tions improved, and so did her health. benefits of their rules. However, the they may require legal assistance. She told the Times: ‘‘The medicine bill requires the Administrator of Unfortunately, most health care pro- wasn’t what cured me. It was [my law- OIRA to establish guidelines so that viders are not equipped to deal with yer] and what he did.’’ costs-benefit analysis can be commen- the non-medical issues that lead some Medical-legal partnerships also offer surate with the economic impact of the patients to seek medical care repeat- a critical lifeline to victims of domes- rule. edly or on an ongoing basis. Despite tic violence. In my home state of Iowa, Regulatory reform is not an exciting the perception that legal issues fre- a young woman named Brenda sought subject, I know, but it is vitally impor- quently affect their patients, a survey help to escape an abusive marriage. tant to our Nation’s economic recov- of physicians at Boston Medical Center Her husband was a gang member and ery. I look forward to working with revealed that fewer than 20 percent of threatened to kill her or have members Senator PORTMAN on this important doctors knew how to refer patients to of his gang kill her. One night, while legislation. I also look forward to legal resources. As a result, many pa- attempting to flee an attack, Brenda’s working with other colleagues to try to tients never address the root cause of husband pulled her back into the house get them interested and possibly co- their health problems, leading to cost- and beat and choked her until she lost sponsoring and helping us get this bill ly visits to the emergency room and consciousness. When Brenda sought through the process. lengthy hospital stays. medical care the next day, her care My final point is that this is a piece Medical-legal partnerships connect providers referred her to Iowa Legal of legislation which not only is bipar- patients with the legal assistance they Aid’s Health and Law Project for help.

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.006 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5907 Iowa Legal Aid helped Brenda obtain a The Act creates a federal demonstra- social determinants of health, including the protective order, which included cus- tion program to help create, strength- environment, the physical structure of com- tody of the couple’s daughter. Iowa en, and evaluate medical-legal partner- munities, socio-economic status, nutrition, Legal Aid is currently helping Brenda educational attainment, employment, race, ships. Overall, this legislation will sup- ethnicity, geography, and language pref- with a divorce so that she and her port 60 partnership sites in community erence, that directly and indirectly affect daughter will have protection and long- health centers, the Veterans Adminis- the health, healthcare, and wellness of indi- term autonomy from her abuser; there- tration, hospitals, and other health viduals and communities. by reducing the need for ongoing care settings. (4) Formally integrating medical and legal health care. I was proud to have the support of professionals in the health setting can more The success of these programs is former Senator Kit Bond of Missouri effectively address the health needs of vul- catching on. The first medical-legal when I introduced this legislation dur- nerable populations and ultimately reduce partnership was created nearly two health disparities. ing the previous Congress. I know there (5) All over the United States, healthcare decades ago at Boston Medical Center. are many Americans who think that By 2009, there were 60 such partner- providers who take care of low-income indi- the two political parties in Washington viduals and families are partnering with ships across the country. Today there can’t agree on anything these days, but legal professionals to assist them in pro- are 90 medical-legal partnerships work- this is an issue that has attracted bi- viding better quality of healthcare. ing with more than 240 health services partisan support in the past and it is (6) Medical-legal partnerships integrate providers. my strong hope that it will do so again. lawyers in a health setting to help patients Medical-legal partnerships have at- navigate the complex government, legal, and In the spirit of compromise and bipar- tracted the attention of corporate service systems in addressing social deter- tisanship, I have taken contentious America, too. In July, Walmart became minants of health, such as income supports the first corporation to take a lead role issues off the table: the bill excludes for food insecure families and mold removal in a medical-legal partnership, and I federal money from being used toward from the home of asthmatics. class action law suits, medical mal- (b) PURPOSES.—The purposes of this Act commend them for recognizing the val- are to— uable role these programs can play in practice cases, representation of un- documented individuals, and abortion (1) support and advance opportunity for our communities. medical-legal partnerships to be more fully After graduating from law school, I or abortion-counseling services. integrated in healthcare settings nationwide; served as a Legal Services attorney in Medical-legal partnerships also have (2) to improve the quality of care for vul- Iowa. I learned first-hand how crucial broad support from prominent organi- nerable populations by reducing health dis- this assistance is to struggling families zations representing physicians and at- parities among health disparities popu- and individuals who have no place else torneys. They’ve received the endorse- lations and addressing the social deter- to turn when they are taken advantage ment of the American Medical Associa- minants of health; and (3) identify and develop cost-effective of or abused. I know the invaluable tion, the American Bar Association, the American Academy of Pediatrics, strategies that will improve patient out- legal help provided to battered women comes and realize savings for healthcare sys- trying to leave abusive relationships the American Hospital Association, tems. while fearing for their safety and the and the Accreditation Council of Grad- SEC. 3. MEDICAL-LEGAL PARTNERSHIPS. safety of their children. I know that, uate Medical Education, to name just a (a) IN GENERAL.—The Secretary of Health without access to the legal system, the few. and Human Services shall establish a nation- poor are often powerless against the in- Through this community-based, com- wide demonstration project consisting of— justices they suffer. mon-sense investment, we will be able (1) awarding grants to, and entering into I am particularly proud of the suc- to help some of our most vulnerable contracts with, medical-legal partnerships to cess of a medical-legal partnership in citizens avoid illness and hospitaliza- assist patients and their families to navigate tion, while reducing costs across the programs and activities; and my home state of Iowa. The Iowa Legal (2) evaluating the effectiveness of such Aid Health and Law Project harnesses entire health care system. partnerships. the talents of Iowa physicians and at- I urge my colleagues to join me in (b) TECHNICAL ASSISTANCE.—The Secretary torneys to improve the lives of vulner- supporting this investment in medical- may, directly or through grants or contracts, able Iowans. By partnering with 17 hos- legal partnerships. provide technical assistance to grantees pitals and health centers across my Mr. President, I ask unanimous con- under subsection (a)(1) to support the estab- state, the Iowa Legal Aid Health and sent that the text of the bill be printed lishment and sustainability of medical-legal partnerships. Not to exceed 5 percent of the Law Project is able to extend services in the RECORD. amount appropriated to carry out this sec- from Sioux City to Dubuque, and from There being no objection, the text of tion in a fiscal year may be used for purposes Council Bluffs to Fort Dodge. In 2009, the bill was ordered to be printed in of this subsection. the program served 880 Iowans, and 94 the RECORD, as follows: (c) FUNDING.— percent of their cases had a positive S. 1609 (1) USE OF FUNDS.—Amounts received as a grant or pursuant to a contract under this outcome. The Iowa Legal Aid Health Be it enacted by the Senate and House of Rep- section shall be used to assist patients and and Law Project does a remarkable job. resentatives of the United States of America in their families to navigate health-related pro- Congress assembled, They are just one example of the great grams and activities for purposes of achiev- work going on across the country. SECTION 1. SHORT TITLE. ing one or more of the following goals: You may be surprised to learn that This Act may be cited as the ‘‘Medical- (A) Enhancing access to healthcare serv- when it comes to medical-legal part- Legal Partnership for Health Act’’. ices. nerships, a little money can go a long SEC. 2. FINDINGS; PURPOSE. (B) Improving health outcomes for low-in- way. Iowa’s program was started with a (a) FINDINGS.—Congress finds the fol- come individuals, as defined in subsection federal investment of less than $300,000. lowing: (g). The program prevents hospital admis- (1) Numerous studies and reports, includ- (C) Reducing health disparities among sions and emergency room visits that ing the annual National Healthcare Dispari- health disparities populations. cost hospitals and patients many thou- ties Report and Unequal Treatment, the 2002 (D) Enhancing wellness and prevention of Institute of Medicine Report, document the chronic conditions and other health prob- sands of dollars in health care costs extensiveness to which vulnerable popu- lems. and insurance premiums. A modest in- lations suffer from health disparities across (E) Reducing cost of care to the healthcare vestment in these community pro- the country. system. grams can help people achieve (2) These studies have found that, on aver- (F) Addressing the social determinants of healthier, safer lives and prevent fu- age, racial and ethnic minorities and low-in- health. ture hospitalizations and health care come populations are disproportionately af- (G) Addressing situational contributing costs. That sounds like common sense flicted with chronic and acute conditions factors. to me. And that’s why, today, I am such as asthma, cancer, diabetes, and hyper- (2) AUTHORIZATION OF APPROPRIATIONS.— tension and suffer worse health outcomes, There are authorized to be appropriated to proud to introduce the Medical-Legal worse health status, and higher mortality carry out this section such sums as may be Partnership for Health Act: to give rates. necessary, but not to exceed $10,000,000, for health care providers and lawyers (3) Several recent studies also show that each of the fiscal years 2012 through 2016. across the country the opportunity to health and healthcare quality are a function (3) MATCHING REQUIREMENT.—For each fis- start such programs. of not only access to healthcare, but also the cal year, the Secretary may not award a

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G22SE6.031 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5908 CONGRESSIONAL RECORD — SENATE September 22, 2011 grant or contract under this section to a en- (2) The term ‘‘low-income individuals’’ re- Second, this bill ensures that current tity unless the entity agrees to make avail- fers to the population of individuals and fam- penalties apply to precursor chemical able non-Federal contributions (which may ilies who earn up to 200 percent of the Fed- producers from other countries. This include in-kind contributions) toward the eral poverty level. includes those producing costs of a grant or contract awarded under (3) The term ‘‘medical-legal partnership’’ this section in an amount that is not less means an entity— pseudoephedrine used for methamphet- than $1 for each $10 of Federal funds provided (A) that is a partnership between— amine who illegally ship precursor under the grant or contract. (i) a community health center, public hos- chemicals into the United States (4) ALLOCATION.—Of the amounts appro- pital, children’s hospital, or other provider knowing that these chemicals will be priated pursuant to paragraph (2) for a fiscal of healthcare services to a significant num- used to make illegal drugs. year, the Secretary may obligate not more ber of low-income beneficiaries; and Third, this bill will expand con- than 5 percent for the administrative ex- (ii) one or more legal professionals; and spiracy liability when controlled sub- penses of the Secretary in carrying out this (B) whose primary mission is to assist pa- stances are destined to the United section. tients and their families navigate health-re- States from a foreign country. This (d) ELIGIBLE ENTITIES.—To be eligible to lated programs, activities, and services receive a grant or contract under this sec- through the provision of relevant civil legal means that members of any conspiracy tion, an entity shall— assistance on-site in the healthcare setting to distribute controlled substances will (1) be an organization experienced in bridg- involved, in conjunction with regular train- be subject to U.S. jurisdiction when at ing the medical and legal professions on be- ing for healthcare staff and providers regard- least one member of the conspiracy in- half of vulnerable populations nationally; ing the connections between legal interven- tends or knows that illegal drugs will and tions, social determinants, and health of be unlawfully imported into the United (2) submit to the Secretary an application low-income individuals. States. at such time, in such manner, and con- (4) The term ‘‘Secretary’’ means the Sec- taining such information as the Secretary retary of Health and Human Services. As Chairman of the Senate Caucus on may require, including information dem- International Narcotics Control and as onstrating that the applicant has experience By Mrs. FEINSTEIN (for herself, a public servant who has focused on in bridging the medical and legal professions Mr. GRASSLEY, Mr. SCHUMER, law enforcement issues for many years, or a strategy or plan for cultivating and Mr. BLUMENTHAL, Mr. CASEY, I know that we cannot sit idly by as building medical-legal partnerships. Mr. UDALL of New Mexico, and drug traffickers find new ways to cir- (e) PROHIBITIONS.—No funds under this sec- Mr. WYDEN): cumvent our laws. We must provide the tion may be used— S. 1612. A bill to provide the Depart- Department of Justice with all of the (1) for any medical malpractice action or ment of Justice with additional tools tools it needs to prosecute drug king- proceeding; (2) to provide any support to an alien who to target extraterritorial drug traf- pins both here at home and abroad. is not— ficking activity; to the Committee on Mr. President, I ask unanimous con- (A) a qualified alien (as defined in section the Judiciary. sent that the text of the bill be printed 431 of the Immigration and Nationality Act); Mrs. FEINSTEIN. Mr. President, I in the RECORD. (B) a nonimmigrant under the Immigration rise to introduce the Targeting There being no objection, the text of and Nationality Act; or Transnational Drug Trafficking Act of the bill was ordered to be printed in (C) an alien who is paroled into the United 2011 with my colleagues and friends, the RECORD, as follows: States under section 212(d)(5) of such Act for Senator CHARLES GRASSLEY, Senator less than one year; S. 1612 CHARLES SCHUMER, Senator RICHARD (3) to provide legal assistance with respect Be it enacted by the Senate and House of Rep- to any proceeding or litigation which seeks BLUMENTHAL, Senator TOM UDALL, Sen- resentatives of the United States of America in to procure an abortion or to compel any indi- ator ROBERT CASEY and Senator RON Congress assembled, vidual or institution to perform an abortion, WYDEN. SECTION 1. SHORT TITLE. or assist in the performance of an abortion; This bill will support the Obama Ad- This Act may be cited as the ‘‘Targeting or ministration’s recently released Strat- Transnational Drug Trafficking Act of 2011’’. (4) to initiate or participate in a class ac- egy to Combat Transnational Orga- SEC. 2. POSSESSION, MANUFACTURE OR DIS- tion lawsuit. nized Crime by providing the Depart- TRIBUTION FOR PURPOSES OF UN- (f) REPORTS.— ment of Justice with crucial tools to LAWFUL IMPORTATIONS. (1) FINAL REPORT BY SECRETARY.—Not later help combat the international drug (a) POSSESSION, MANUFACTURE OR DISTRIBU- than 6 months after the date of the comple- trade. As drug traffickers find new and TION FOR PURPOSES OF UNLAWFUL IMPORTA- tion of the demonstration program under TIONS.—Section 1009 of the Controlled Sub- this section, the Secretary shall conduct a innovative ways to avoid prosecution, stances Import and Export Act (21 U.S.C. 959) study of the results of the program and sub- we must keep up with them rather is amended— mit to the Congress a report on such results than allowing our laws to lag behind. (1) by redesignating subsections (b) and (c) that includes the following: This legislation has three main com- as subsections (c) and (d), respectively; and (A) An evaluation of the program out- ponents. First, it puts in place pen- (2) in subsection (a), by striking ‘‘It shall’’ comes, including— alties for extraterritorial drug traf- and all that follows and inserting the fol- (i) a description of the extent to which ficking activity when individuals have lowing: ‘‘It shall be unlawful for any person medical-legal partnerships funded through reasonable cause to believe that illegal to manufacture or distribute a controlled this section achieved the goals described in drugs will be trafficked into the United substance in schedule I or II or subsection (b); flunitrazepam intending, knowing, or having (ii) quantitative and qualitative analysis States. Current law says that drug reasonable cause to believe that such sub- of baseline and benchmark measures; and traffickers must know that illegal stance will be unlawfully imported into the (iii) aggregate information about the indi- drugs will be trafficked into the United United States or into waters within a dis- viduals served and program activities. States and this legislation would lower tance of 12 miles of the coast of the United (B) Recommendations on whether the pro- the knowledge threshold to reasonable States. grams funded under this section could be cause to believe. ‘‘(b) It shall be unlawful for any person to used to improve patient outcomes in other The Department of Justice has in- manufacture or distribute a listed chem- public health areas. formed my office that with increasing ical— (2) INTERIM REPORTS BY SECRETARY.—The frequency, it sees drug traffickers from ‘‘(1) intending or knowing that the listed Secretary may provide interim reports to chemical will be used to manufacture a con- the Congress on the demonstration program Colombia, Ecuador and Peru who trolled substance; and under this section at such intervals as the produce cocaine in their countries but ‘‘(2) intending, knowing, or having reason- Secretary determines to be appropriate. leave transit of cocaine to the United able cause to believe that the controlled sub- (3) REPORTS BY GRANTEES.—The Secretary States in the hands of Mexican drug stance will be unlawfully imported into the may require each recipient of a grant under trafficking organizations such as the United States.’’. this section to submit interim and final re- Zetas. Under current law, our ability (b) ATTEMPT AND CONSPIRACY.—Section ports on the programs carried out by such re- to prosecute source-nation traffickers 1013 of the Controlled Substances Import and cipient with such grant. from Colombia, Ecuador and Peru is Export Act (21 U.S.C. 963) is amended by add- (g) DEFINITIONS.—In this section: ing at the end the following: ‘‘For a con- (1) The term ‘‘health disparities popu- limited since there is often no direct spiracy to commit such an offense that re- lations’’ has the meaning given such term in evidence of their knowledge that ille- quires the person to intend, know, or have section 485E(d) of the Public Health Service gal drugs were intended for the United reasonable cause to believe that a controlled Act. States. substance will be unlawfully imported into

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.037 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5909 the United States, it is sufficient to prove a S. 1613 ‘‘(E) the design of systems for the effective conspiracy to commit the offense that only 1 Be it enacted by the Senate and House of Rep- transfer of treatment information and care member of the conspiracy intended, knew, or resentatives of the United States of America in summaries from cancer care providers to had reasonable cause to believe that the con- Congress assembled, other health care providers (including risk trolled substance would be unlawfully im- SECTION 1. SHORT TITLE. factors and a plan for recommended follow- ported into the United States.’’. This Act may be cited as the ‘‘Pediatric, up care); Adolescent, and Young Adult Cancer Survi- ‘‘(F) the dissemination of the information By Mr. REED (for himself and vorship Research and Quality of Life Act of and programs described in subparagraphs (A) Mrs. HUTCHISON): 2011’’. through (E) to other health care providers S. 1613. A bill to improve and enhance SEC. 2. FINDINGS. (including primary care physicians and in- research and programs on childhood Congress finds as follows: ternists) to cancer survivors and their fami- cancer survivorship, and for other pur- (1) An estimated 12,400 children and adoles- lies, where appropriate; and poses; to the Committee on Health, cents under age 20 are diagnosed with cancer ‘‘(G) the development of initiatives that Education, Labor, and Pensions. each year. promote the coordination and effective tran- Mr. REED. Mr. President, I am (2) In 1960, only 4 percent of children with sition of care between cancer care providers, primary care physicians, and mental health pleased to be joined today by Senator cancer survived more than 5 years, but by 2011, cure rates have increased to 78 percent professionals. UTCHISON H in the introduction of the for children and adolescents under age 20. ‘‘(d) FUNDING.—For each of fiscal years 2013 Pediatric, Adolescent, and Young (3) The population of survivors of child- through 2017, the Secretary may transfer out Adult Cancer Survivorship Research hood cancers has grown dramatically, to of funds otherwise appropriated to the De- and Quality of Life Act of 2011. more than 300,000 individuals of all ages as of partment of Health and Human Services for The population of survivors of child- 2007. a fiscal year the amount necessary to carry hood cancer has grown exponentially (4) As many as 2⁄3 of childhood cancer sur- out this section. over the years. In 1960, only 4 percent vivors are likely to experience at least one ‘‘SEC. 417G–1. WORKFORCE DEVELOPMENT COL- 1 of children with cancer survived more late effect of treatment, with as many as ⁄4 LABORATIVE ON MEDICAL AND PSY- experiencing a late effect that is serious or than 5 years. Today, nearly 80 percent CHOSOCIAL CARE FOR CHILDHOOD life-threatening. The most common late ef- CANCER SURVIVORS. of children with cancer survive more fects of childhood cancer are neurocognitive, ‘‘(a) IN GENERAL.—Not later than 1 year than five years. While this is heart- psychological, cardiopulmonary, endocrine, after the date of enactment of the Pediatric, ening news, as a result of their cancer and musculoskeletal effects and secondary Adolescent, and Young Adult Cancer Survi- and treatment, many of these children malignancies. vorship Research and Quality of Life Act of unfortunately have health complica- (5) The late effects of cancer treatment 2011, the Secretary may convene a Workforce tions, often life-threatening, for years may change as treatments evolve, which Development Collaborative on Medical and to come. Indeed, after beating cancer, means that the monitoring and treatment of Psychosocial Care for Pediatric Cancer Sur- 2 cancer survivors may need to be modified on vivors (referred to in this paragraph as the as many as ⁄3 of these children suffer a routine basis. from late effects of their disease or ‘Collaborative’). The Collaborative shall be a (6) The Institute of Medicine, in its reports cross-specialty, multidisciplinary group treatment, including second cancers on cancer survivorship entitled ‘‘Childhood composed of educators, consumer and family and heart and lung damage. There are Cancer Survivorship: Improving Care and advocates, and providers of psychosocial and also serious psychosocial impacts that Quality of Life’’, states that an organized biomedical health services. these survivors face. system of care and a method of care for pedi- ‘‘(b) GOALS AND REPORTS.—The Collabo- With so many facing the risk of these atric cancer survivors is needed. rative shall submit to the Secretary a report late effects, it is critical that resources SEC. 3. CANCER SURVIVORSHIP PROGRAMS. establishing a plan to meet the following ob- are made available to help these sur- (a) CANCER SURVIVORSHIP PROGRAMS.—Sub- jectives for medical and psychosocial care vivors, especially those in underserved part 1 of part C of title IV of the Public workforce development: Health Service Act (42 U.S.C. 285 et seq.) is communities. Our legislation would en- ‘‘(1) Identifying, refining, and broadly dis- amended by adding at the end the following: seminating to healthcare educators informa- hance research on the late effects of ‘‘SEC. 417G. PILOT PROGRAMS TO EXPLORE childhood cancers and improve collabo- tion about workforce competencies, models, MODEL SYSTEMS OF CARE FOR PE- and preservices curricula relevant to pro- DIATRIC CANCER SURVIVORS. ration among providers so that doctors viding medical and psychosocial services to ‘‘(a) IN GENERAL.—The Secretary may are better able to care for this popu- individuals with pediatric cancers. make grants to eligible entities to establish lation as they age. It would also estab- ‘‘(2) Adapting curricula for continuing edu- pilot programs to develop, study, or evaluate lish a new pilot program to begin to ex- model systems for monitoring and caring for cation of the existing workforce using effi- plore models of care for childhood can- childhood cancer survivors. cient workplace-based learning approaches. cer survivors. Creating standard proto- ‘‘(b) ELIGIBLE ENTITIES.—In this section, ‘‘(3) Developing the skills of faculty and cols and procedures will help providers, the term ‘eligible entity’ means— other trainers in teaching psychosocial patients, and families know what to ex- ‘‘(1) a medical school; health care using evidence-based teaching ‘‘(2) a children’s hospital; strategies. pect after beating cancer, including ‘‘(4) Strengthening the emphasis on psy- when to get certain check-ups and ‘‘(3) a cancer center; or ‘‘(4) any other entity with significant expe- chosocial healthcare in educational accredi- tests that guard against late effects. tation standards and professional licensing This bill is part of a continuing effort rience and expertise in treating survivors of childhood cancers. and certification exams by recommending to focus greater attention on childhood ‘‘(c) USE OF FUNDS.—The Secretary may revisions to the relevant oversight organiza- cancers. In 2008, I worked on a bipar- make a grant under this section to an eligi- tions. tisan basis to enact, the Caroline Pryce ble entity only if the entity agrees— ‘‘(5) Evaluating the effectiveness of patient Walker Conquer Childhood Cancer Act. ‘‘(1) to use the grant to establish a pilot navigators in pediatric cancer survivorship This law has increased support for re- program to develop, study, or evaluate one care. search on childhood cancers and im- or more model systems for monitoring and ‘‘(6) Evaluating the effectiveness of peer support programs in the psychosocial care of proved treatment for patients. But we caring for cancer survivors; and ‘‘(2) in developing, studying, and evalu- pediatric cancer patients and survivors. must not stop there. ating such systems, to give special emphasis ‘‘(c) FUNDING.—For each of fiscal years 2013 The legislation Senator HUTCHISON to— through 2017, the Secretary may transfer out and I are introducing today to address ‘‘(A) the design of protocols for different of funds otherwise appropriated to the De- the late effects of childhood cancer, models of follow-up care, monitoring, and partment of Health and Human Services for will do more to help childhood cancer other survivorship programs (including peer a fiscal year the amount necessary to carry patients. I look forward to working support and mentoring programs); out this section.’’. with my colleagues to pass this legisla- ‘‘(B) the development of various models for (b) TECHNICAL AMENDMENT.— tion and help ensure that children who providing multidisciplinary care; (1) IN GENERAL.—Section 3 of the survive cancer live a long and healthy ‘‘(C) the dissemination of information and Hematological Cancer Research Investment life. the provision of training to health care pro- and Education Act of 2002 (Public Law 107– Mr. President, I ask unanimous con- viders about how to provide linguistically 172; 116 Stat. 541) is amended by striking and culturally competent follow-up care and ‘‘section 419C’’ and inserting ‘‘section 417C’’. sent that the text of the bill be printed monitoring to cancer survivors and their (2) EFFECTIVE DATE.—The amendment in the RECORD. families; made by paragraph (1) shall take effect as if There being no objection, the text of ‘‘(D) the development of support programs included in section 3 of the Hematological the bill was ordered to be printed in to improve the quality of life of cancer sur- Cancer Research Investment and Education the RECORD, as follows: vivors; Act of 2002 (Public Law 107–172; 116 Stat. 541).

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.039 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5910 CONGRESSIONAL RECORD — SENATE September 22, 2011 SEC. 4. GRANTS TO IMPROVE CARE FOR PEDI- astating falling property values, com- drag of a wave of commercial real es- ATRIC CANCER SURVIVORS. mercial real estate properties through- tate foreclosures, help to restart the Section 417E of the Public Health Service Act (42 U.S.C. 285a–11) is amended— out the nation are confronting a severe credit markets, and free up capital to (1) in the heading, by striking ‘‘RESEARCH equity crisis. Just as the crash in the create jobs and economic opportunities AND AWARENESS’’ and inserting ‘‘RE- residential real estate market trig- for families in every region of the SEARCH, AWARENESS, AND SURVIVOR- gered the most severe economic reces- country. SHIP’’; sion in generations, the looming crisis These provisions are modest but ef- (2) in subsection (a)— in the commercial real estate market, fective. (A) by redesignating paragraph (2) as para- if left unchecked, could prove to be We are not tackling the bigger ques- graph (4); and devastating for our fragile economic tion of whether or not the existing (B) by inserting after paragraph (1) the fol- FIRPTA rules are effective in a 21st lowing: recovery. Studies have shown that more than century economy. This legislation sim- ‘‘(2) RESEARCH ON CAUSES OF HEALTH DIS- ply creates targeted opportunities for PARITIES IN PEDIATRIC CANCER SURVIVOR- $1 trillion of commercial real estate SHIP.— loans will be maturing in just the next investment in American real estate ‘‘(A) GRANTS.—The Director of NIH, acting few years. In fact, by 2018 more than while preserving the underlying foreign through the Director of the Institute, in co- $2.4 trillion dollars of loans held by in- ownership limits imposed by these tax ordination with ongoing research activities, surance companies, thrifts, banks, and rules. may make grants to entities to conduct re- in commercial mortgage-backed securi- We may not agree on a whole lot search relating to— ties will mature. Just as we saw with these days, but today we offer a bipar- ‘‘(i) needs and outcomes of pediatric cancer home mortgages, if these borrowers tisan, bicameral solution to help the survivors within minority or other medically U.S. economy. I hope all of my col- underserved populations; can’t secure other funding options when these payments come due, com- leagues can take the time to look at ‘‘(ii) health disparities in pediatric cancer this bill, understand the positive ef- survivorship outcomes within minority or mercial properties across the country other medically underserved populations; will go into foreclosure, leaving com- fects it will have for every State, and we can get this done for the American ‘‘(iii) barriers that pediatric cancer sur- munities with even more vacant store- people. vivors within minority or other medically fronts, less jobs, lower tax revenues, underserved populations face in receiving and a deeper economic hole to dig follow-up care; and By Mr. REED (for himself, Mr. ‘‘(iv) familial, socioeconomic, and other themselves out of. JOHANNS, Mrs. BOXER, Mr. environmental factors and the impact of Simply put, the commercial real es- MERKLEY, and Mr. FRANKEN): such factors on treatment outcomes and sur- tate industry has an equity problem S. 1617. A bill to establish the Council vivorship. too large for domestic investment on Healthy Housing and for other pur- ‘‘(B) BALANCED APPROACH.—In making alone to solve. poses; to the Committee on Banking, grants for research under subparagraph (A)(i) Unfortunately, certain tax rules— Housing, and Urban Affairs. on pediatric cancer survivors within minor- most of which were drafted 30 years Mr. REED. Mr. President, I introduce ity or other medically underserved popu- ago, before the current crisis could be with my colleague Senator JOHANNS, lations, the Director of NIH shall ensure that foreseen—impose significant penalties such research addresses both the physical the Healthy Housing Council Act. I and the psychological needs of such sur- on foreign investments in domestic thank Senators BOXER, MERKLEY, and vivors. real estate that do not exist on other FRANKEN for joining us as original co- ‘‘(3) RESEARCH ON LATE EFFECTS AND FOL- types of U.S. investments such as cor- sponsors of this bill. LOW-UP CARE FOR PEDIATRIC CANCER SUR- porate stocks and bonds. As a result, Many factors impact health and VIVORS.—The Director of NIH, in coordina- overseas investors are discouraged wellness. Typically, doctors and other tion with ongoing research activities, shall from investing in U.S. real estate at a health professionals are able to counsel conduct or support research on follow-up time when their capital is sorely need- patients on the importance of exercise care for pediatric cancer survivors, with spe- ed. and healthy eating, for example, to cial emphasis given to— ‘‘(A) the development of indicators used for These rules, created by the Foreign prevent diseases and conditions. Too long-term patient tracking and analysis of Investment in Real Property Tax Act, frequently, however, these providers the late effects of cancer treatment for pedi- or FIRPTA as it is come to be known, overlook the possibility of housing-re- atric cancer survivors; freeze out foreign investment in our lated health hazards that patients ‘‘(B) the identification of risk factors asso- real estate markets by imposing an ar- knowingly or unknowingly come into ciated with the late effects of cancer treat- bitrary withholding tax on the gains contact with, which can also cause a ment; realized by overseas capital invested in variety of preventable diseases and ‘‘(C) the identification of predictors of domestic properties. conditions like cancer, lead poisoning, neurocognitive and psychosocial outcomes; Not only is this different treatment and asthma. ‘‘(D) initiatives to protect cancer survivors from the late effects of cancer treatment; questionable as a policy, it is damaging While there are many programs in ‘‘(E) transitions in care for pediatric can- to the economy. At no point have these place to address these hazards, these cer survivors; rules been more damaging to the econ- programs are fragmented and spread ‘‘(F) training of professionals to provide omy than today. They continue to keep across many agencies. Our legislation, linguistically and culturally competent fol- capital out of the U.S. at a time when the Healthy Housing Council Act, low-up care to pediatric cancer survivors; commercial real estate in all of our would establish an independent inter- and communities desperately needs the eq- agency Council on Healthy Housing in ‘‘(G) different models of follow-up care.’’; uity investment. the executive branch in order to im- and (3) in subsection (d), by striking ‘‘2013’’ and If these rules are not reformed, it is prove the coordination of existing but inserting ‘‘2017’’. a real possibility that hundreds of bil- fragmented programs, bringing these lions of dollars in debt would go into various efforts out of their respective By Mr. MENENDEZ (for himself default, triggering massive fore- silos and reducing duplication to im- and Mr. ENZI): closures, significant decreases in prop- prove the efficiency and efficacy of S. 1616. A bill to amend the Internal erty values and a severe constriction of these efforts. Revenue Code of 1986 to exempt certain capital available for U.S. consumers Through periodic meetings, Federal, stock of real estate investment trusts and businesses—absolutely the last State, and local government represent- from the tax on foreign investments in thing this economy needs right now. atives, along with industry and non- United States real property interests, That is why today, Senator ENZI and profit representatives will meet to dis- and for other purposes; to the Com- I are introducing bipartisan, bicameral cuss ways to educate individuals and mittee on Finance. legislation that would implement effi- families on how to recognize housing- Mr. MENENDEZ. Mr. President, I cient and meaningful reform of these related health hazards and access the rise to introduce a critical bill for our tax rules to encourage more equity in- necessary services and preventive economic recovery. As communities vestment in U.S. real estate. measures to combat these hazards. across the country continue to recover These reforms would help save com- This collaboration is particularly crit- from the economic downturn and dev- munities all across America from the ical as every member of the council

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.041 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5911 will bring a different perspective to the (A) 5,757,000 households live in homes with (2) HEALTHY HOUSING.—The term ‘‘healthy table on how to review, monitor, and moderate or severe physical hazards; housing’’ means housing that is designed, evaluate existing housing, health, en- (B) 23,000,000 homes have significant lead- constructed, rehabilitated, and maintained ergy, and environmental programs and based paint hazards; in a manner that supports the health of the (C) 6,000,000 homes have had signs of mice occupants of such housing. work together to collectively improve in the last 3 months; and (3) HOUSING.—The term ‘‘housing’’ means these programs for the future. Then, in (D) 1 in 15 homes have dangerous levels of any form of residence, including rental hous- order to ensure that members of the radon. ing, homeownership, group home, or sup- public are informed of and benefit from (2) Residents of housing that is poorly de- portive housing arrangement. the council’s activities, the council signed, constructed, or maintained are at (4) HOUSING-RELATED HEALTH HAZARD.—The would hold biannual stakeholder meet- risk for cancer, carbon monoxide poisoning, term ‘‘housing-related health hazard’’ means ings, maintain an updated website, and burns, falls, rodent bites, childhood lead poi- any biological, physical, or chemical source soning, asthma, and other illnesses and inju- work to unify healthy housing data of exposure or condition either in, or imme- ries. Vulnerable subpopulations, such as chil- diately adjacent to, housing, that can ad- collection and maintenance. dren and the elderly, are at elevated risk for versely affect human health. It is our goal for this council to help housing-related illnesses and injuries. (5) LOW-INCOME FAMILIES AND INDIVID- reduce the more than 5.7 million house- (3) Because substandard housing typically UALS.—The term ‘‘low-income families and holds living in conditions with mod- poses the greatest risks, the disparities in individuals’’ means any household or indi- erate or severe health hazards, 23 mil- the distribution of housing-related health vidual with an income at or below 200 per- lion additional homes with lead-based hazards are striking. One million two hun- cent of the Federal poverty line. dred thousand housing units with significant (6) POVERTY LINE.—The term ‘‘poverty paint hazards, 14,000 unintentional in- lead-based paint hazards house low-income jury and fire deaths every year that re- line’’ means the official poverty line defined families with children under 6 years of age. by the Office of Management and Budget sult from housing-related hazards, and (4) Housing-related illnesses, including based on the most recent data available from 21,000 radon-associated lung cancer asthma and lead poisoning, disproportion- the Bureau of the Census. deaths every year. Indeed, the council ately affect children from lower-income fam- (7) PROGRAM.—The term ‘‘program’’ in- will help us embark on a path to assure ilies and from specific racial and ethnic cludes any Federal, State, or local program that affordable and decent homes are groups. The prevalence of being diagnosed providing housing or financial assistance, with asthma in a lifetime is 24 percent also healthy. health care, mortgages, bond and tax financ- among Puerto Rican children, 10.1 percent ing, homebuyer support courses, financial This council could also be critical in for Mexican-American children, 12.4 percent helping to curb overall health care ex- education, mortgage insurance or loan guar- for non-Hispanic White children, and 21.8 antees, housing counseling, supportive serv- penditures. For example, the annual percent for non-Hispanic Black children. ices, energy assistance, or other assistance cost of environmentally attributable Black children are twice as likely to die related to healthy housing. from residential injuries as White children, childhood diseases, including cancer, (8) SERVICE.—The term ‘‘service’’ includes lead poisoning, and cancer was $76 bil- and 3 percent of Black children and 2 percent public and environmental health services, of Mexican-American children have elevated lion in 2008 dollars, 3.5 percent of total housing services, energy efficiency services, blood lead levels, as compared to only 1.3 human services, and any other services need- health costs. Low-income and minority percent of White children. ed to ensure that families and individuals in individuals and families who are dis- (5) The annual costs for environmentally the United States have access to healthy proportionately affected by housing-re- attributable childhood diseases in the United housing. lated health hazards are the same indi- States, including lead poisoning, asthma, viduals and families who are typically and cancer, total $76,000,000,000 in 2008 dol- SEC. 4. INTERAGENCY COUNCIL ON HEALTHY lars. This amount is approximately 3.5 per- HOUSING. enrolled in Medicaid or forgo insurance (a) ESTABLISHMENT.—There is established altogether, which costs Federal and cent of total health care costs. (6) Appropriate housing design, construc- in the executive branch an independent States governments. Helping to im- tion, and maintenance, timely correction of council to be known as the Interagency prove housing conditions can help pre- deficiencies, planning efforts, and low-cost Council on Healthy Housing. vent an estimated 250,000 children preventive measures can reduce the inci- (b) OBJECTIVES.—The objectives of the under the age of 6 from having elevated dence of serious injury or death, improve the Council are as follows: blood levels each year, nearly 10,000 ability of residents to survive in the event of (1) To promote the supply of and demand emergency department visits for car- a major catastrophe, and contribute to over- for healthy housing in the United States through capacity building, technical assist- bon monoxide exposure, and 12.3 mil- all well-being and mental health. Lead haz- ard control in homes with lead-based paint ance, education, and public policy. lion asthma attacks. Keeping children hazards can reduce children’s blood lead lev- (2) To promote coordination and collabora- out of the doctor’s office and emer- els by as much as 34 percent. Properly in- tion among the Federal departments and gency rooms will save families and the stalled and maintained smoke alarms reduce agencies involved with housing, public government money. the risk of fire deaths by 50 percent. health, energy efficiency, emergency pre- As Congress continues to explore (7) Providing healthy housing to families paredness and response, and the environment methods to reduce spending and reign and individuals in the United States will to improve services for families and individ- in our deficit and improve the health of help prevent an estimated 250,000 children uals residing in inadequate or unsafe housing from having elevated blood lead levels, 18,000 and to make recommendations about needed individuals, children, and families, pro- injury deaths, 12,000,000 nonfatal injuries, changes in programs and services with an moting low-cost measures to eliminate 3,000 deaths in house fires, 9,600 emergency emphasis on— subpar housing can make a dramatic department visits for carbon monoxide expo- (A) maximizing the impact of existing pro- and meaningful difference, and I urge sure, and 21,000 radon-associated lung cancer grams and services by transitioning the my colleagues to join me and Senators deaths that occur in United States housing focus of such programs and services from JOHANNS, BOXER, MERKLEY, and each year, as well as 12,300,000 asthma at- categorical approaches to comprehensive ap- FRANKEN in supporting this bipartisan tacks, and 14,000,000 missed school days. proaches that consider and address multiple bill and other healthy housing efforts. (8) While there are many programs in place housing-related health hazards; to address housing-related health hazards, Mr. President I ask unanimous con- (B) reducing or eliminating areas of over- these programs are fragmented and spread lap and duplication in the provision and ac- sent that the text of the bill be printed across many agencies, making it difficult for cessibility of such programs and services; in the RECORD. at-risk families and individuals to access as- (C) ensuring that resources, including as- There being no objection, the text of sistance or to receive comprehensive infor- sistance with capacity building, are targeted the bill was ordered to be printed in mation. to and sufficient to meet the needs of high- the RECORD, as follows: (9) Better coordination among Federal risk communities, families, and individuals; S. 1617 agencies is needed, as is better coordination and at State and local levels, to ensure that fam- (D) facilitating access by families and indi- Be it enacted by the Senate and House of Rep- ilies and individuals can access government viduals to programs and services that help resentatives of the United States of America in programs and services in an effective and ef- reduce health hazards in housing. Congress assembled, ficient manner. (3) To identify knowledge gaps, research SECTION 1. SHORT TITLE. SEC. 3. DEFINITIONS. needs, and policy and program deficiencies This Act may be cited as the ‘‘Healthy In this Act, the following definitions shall associated with inadequate housing condi- Housing Council Act of 2011’’. apply: tions and housing-related illnesses and inju- SEC. 2. FINDINGS. (1) COUNCIL.—The term ‘‘Council’’ means ries. Congress finds the following: the Interagency Council on Healthy Housing (4) To help identify best practices for (1) In the United States— established under section 4. achieving and sustaining healthy housing.

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(5) To help improve the quality of existing (D) identify best practices for programs (2) BY THE COUNCIL.—Each year, the Coun- and newly constructed housing and related and services that assist families and individ- cil shall prepare and transmit to the Presi- programs and services, including those pro- uals in accessing healthy housing, including dent and the Congress, a report that— grams and services which serve low-income model— (A) summarizes the reports required in families and individuals. (i) programs linking housing, health, envi- paragraph (1); (6) To establish an ongoing system of co- ronmental, human, and energy services; (B) utilizes recent data to assess the na- ordination among and within such agencies (ii) housing and remodeling financing prod- ture of housing-related health hazards, and or organizations so that the healthy housing ucts offered by government, quasi-govern- associated illnesses and injuries, in the needs of families and individuals are met in ment, and private sector entities; United States; a more effective and efficient manner. (iii) housing and building codes and regu- (C) provides a comprehensive and detailed (c) MEMBERSHIP.—The Council shall be latory practices; description of the programs and services of composed of the following members: (iv) existing and new consensus specifica- the Federal Government in meeting the (1) The Secretary of Health and Human tions and work practices documents; needs and problems described in subpara- Services. (v) capacity building and training pro- graph (B); (2) The Secretary of Housing and Urban grams that help increase and diversify the (D) describes the activities and accom- Development. supply of practitioners who perform assess- plishments of the Council in working with (3) The Administrator of the Environ- ments of housing-related health hazards and Federal, State, and local governments, non- mental Protection Agency. interventions to address housing-related profit organizations and for-profit entities in (4) The Secretary of Energy. health hazards; and coordinating programs and services to meet (5) The Secretary of Labor. (vi) programs that increase community the needs described in subparagraph (B) and (6) The Secretary of Veterans Affairs. awareness of, and education on, housing-re- the resources available to meet those needs; (7) The Secretary of the Treasury. lated health hazards and available assess- (E) assesses the level of Federal assistance (8) The Secretary of Agriculture. ments and interventions; required to meet the needs described in sub- (9) The Secretary of Education. (E) develop a comprehensive healthy hous- paragraph (B); and (10) The head of any other Federal agency ing research agenda that considers health, (F) makes recommendations for appro- as the Council considers appropriate. safety, environmental, and energy factors, priate legislative and administrative actions (11) Six additional non-Federal employee to— to meet the needs described in subparagraph members, as appointed by the President to (i) identify cost-effective assessments and (B) and for coordinating programs and serv- serve terms not to exceed 2 years, of whom— treatment protocols for housing-related ices designed to meet those needs. (A) 1 shall be a State or local Government health hazards in existing housing; SEC. 6. POWERS OF THE COUNCIL. Director of Health or the Environment; (ii) establish links between housing haz- (a) HEARINGS.—The Council may hold such (B) 1 shall be a State or local Government ards and health outcomes; hearings, sit and act at such times and Director of Housing or Community Develop- (iii) track housing-related health problems places, take such testimony, and receive ment; including injuries, illnesses, and death; such evidence as the Council considers advis- (C) 2 shall represent nonprofit organiza- (iv) track housing conditions that may be able to carry out the purposes of this Act. tions involved in housing or health issues; associated with health problems; (b) INFORMATION FROM AGENCIES.—Agen- and (v) identify cost-effective protocols for cies which are represented on the Council (D) 2 shall represent for-profit entities in- construction of new healthy housing; and shall provide all requested information and volved in the housing, banking, or health in- (vi) identify replicable and effective pro- data to the Council as requested. surance industries. grams or strategies for addressing housing- (c) POSTAL SERVICES.—The Council may (d) CO-CHAIRPERSONS.—The co-Chair- related health hazards; use the United States mails in the same persons of the Council shall be the Secretary (4) hold biannual meetings with stake- manner and under the same conditions as of Housing and Urban Development and the holders and other interested parties in a lo- other departments and agencies of the Fed- Secretary of Health and Human Services. cation convenient for such stakeholders, or eral Government. (d) CONTRACTS AND INTERAGENCY AGREE- (e) VICE CHAIR.—Every 2 years, the Council hold open Council meetings, to receive input shall elect a Vice Chair from among its and ideas about how to best meet the MENTS.—The Council may enter into con- members. healthy housing needs of families and indi- tracts with State, Tribal, and local govern- ments, public agencies and private-sector en- (f) MEETINGS.—The Council shall meet at viduals; tities, and into interagency agreements with the call of either co-Chairperson or a major- (5) maintain an updated website of policies, Federal agencies. Such contracts and inter- ity of its members at any time, and no less meetings, best practices, programs and serv- agency agreements may be single-year or often than annually. ices, making use of existing websites as ap- multi-year in duration. SEC. 5. FUNCTIONS OF THE COUNCIL. propriate, to keep people informed of the ac- SEC. 7. COUNCIL PERSONNEL MATTERS. (a) RELEVANT ACTIVITIES.—In carrying out tivities of the Council; and (6) work with member agencies to collect (a) STAFF.— the objectives described in section 4(b), the (1) EXECUTIVE DIRECTOR.—The Council shall Council shall— and maintain data on housing-related health hazards, illnesses, and injuries so that all appoint an Executive Director at its initial (1) review Federal programs and services meeting. The Executive Director shall be that provide housing, health, energy, or en- data can be accessed in 1 place and to iden- tify and address unmet data needs. compensated at a rate not to exceed the rate vironmental services to families and individ- of basic pay payable for level V of the Execu- uals; (b) REPORTS.— tive Schedule under section 5316 of title 5, (2) monitor, evaluate, and recommend im- (1) BY MEMBERS.—Each year the head of United States Code. provements in programs and services admin- each agency who is a member of the Council (2) COMPENSATION.—With the approval of istered, funded, or financed by Federal, shall prepare and transmit to the Council a the Council, the Executive Director may ap- State, and local agencies to assist families report that briefly summarizes— point and fix the compensation of such addi- and individuals in accessing healthy housing (A) each healthy housing-related program tional personnel as the Executive Director and make recommendations about how such and service administered by the agency and considers necessary to carry out the duties agencies can better work to meet the the number of families and individuals of the Council, except that the rate of pay healthy housing and related needs of low-in- served by each program or service, the re- for any such additional personnel may not come families and individuals; and sources available in each program or service, exceed the rate of basic pay payable for level (3) recommend ways to— and a breakdown of where each program and V of the Executive Schedule under section (A) reduce duplication among programs service can be accessed; 5316 of such title. and services by Federal agencies that assist (B) the barriers and impediments, includ- (b) TEMPORARY AND INTERMITTENT SERV- families and individuals in meeting their ing statutory or regulatory, to the access ICES.—In carrying out its objectives, the Ex- healthy housing and related service needs; and use of such programs and services by ecutive Director with the approval of the (B) ensure collaboration among and within families and individuals, with particular at- Council, may procure temporary and inter- agencies in the provision and availability of tention to the barriers and impediments ex- mittent services of consultants and experts programs and services so that families and perienced by low-income families and indi- under section 3109(b) of title 5, United States individuals are able to easily access needed viduals; Code, at rates for individuals which do not programs and services; (C) the efforts made by the agency to in- exceed the daily equivalent of the annual (C) work with States and local govern- crease opportunities for families and individ- rate of basic pay payable for level V of the ments to better meet the needs of families uals, including low-income families and indi- Executive Schedule under section 5316 of and individuals for healthy housing by— viduals, to reside in healthy housing, includ- such title. (i) holding meetings with State and local ing how the agency is working with other (c) DETAIL OF GOVERNMENT EMPLOYEES.— representatives; and agencies to better coordinate programs and Upon request of the Council, any Federal (ii) providing ongoing technical assistance services; and Government employee may be detailed to and training to States and localities in bet- (D) any new data collected by the agency the Council with reimbursement, and such ter meeting the housing-related needs of relating to the healthy housing needs of fam- detail shall be without interruption or loss such families and individuals; ilies and individuals. of civil service status or privilege.

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AUTHORIZATION OF APPROPRIATIONS. easier in the short term to build on a invest. Increased coordination at the (a) IN GENERAL.—There are authorized to corn field outside of town than it is to regional and Federal level will cut red be appropriated to carry out this Act, re-use land located close to existing tape and save communities money as $750,000 for each of fiscal years 2012 through transportation, power, and water infra- they plan for their future needs. The 2016. structure, but it often does not make bill also directs the Office of Sustain- (b) AVAILABILITY.—Amounts authorized to sense in the long run. able Housing and Communities to pro- be appropriated by subsection (a) shall re- This is why I welcomed the oppor- vide best practices and technical as- main available for the 2 fiscal years fol- lowing such appropriation. tunity to work with Chairman Dodd on sistance to ensure that communities of the Livable Communities Act in 2009 all sizes learn from each other’s suc- By Mr. MENENDEZ (for himself, and why I am honored to be the leading cess. Mr. REED, Mr. BENNET. Mr. sponsor of the updated legislation The Livable Communities Act of 2011 HARKIN, Mr. LAUTENBERG, Mr. today. It is the most comprehensive also directs HUD to coordinate with FRANKEN, Mr. MERKLEY, Mr. piece of planning legislation that has DOT and EPA to identify and eliminate SANDERS, Mr. BLUMENTHAL, Mr. been proposed in decades. If passed, it Federal barriers to sustainable devel- WYDEN, Mr. DURBIN, Mr. will have a transformative impact on opment. The Office of Sustainable CARDIN, Mr. AKAKA, Mr. WHITE- the way the federal government sup- Housing and Communities will coordi- HOUSE, Mr. COONS, Mrs. SHA- ports locally-driven planning proc- nate Federal sustainable development HEEN, Ms. LANDRIEU, and Mr. esses. policies and research agendas to facili- LEAHY): Unfortunately, when many on the tate Federal collaboration by stream- S. 1621. A bill to create livable com- other side of the aisle hear the word lining and reconciling program require- munities through coordinated public ‘‘livable,’’ they cringe. They think of ments and policies. It will also admin- investment and streamlined require- top-down mandates from the Federal ister grant programs to support local ments, and for other purposes; to the Government. What they fail to under- planning for long-term housing and in- Committee on Banking, Housing, and stand is that the beauty of what is frastructure needs. This will enable Urban Affairs. ‘‘livable’’ is defined by the commu- communities to foster economic devel- Mr. MENENDEZ. Mr. President, I nities themselves to reflect the unique opment in an efficient and inclusive rise to announce the introduction of character, assets, and needs of that way. Selection criteria and eligible ac- the Livable Communities Act of 2011. community. tivities would be flexible to allow all The Livable Communities Act pre- The fact is the private sector wants sizes and types of communities to plan sents an opportunity to save taxpayer to be located in communities that have for a more sustainable future, includ- dollars, reduce household expenditures, dependable transportation systems to ing job creation; revitalizing existing improve partnerships, and help local get their goods to market and their small town Main Streets; reducing communities create places of lasting workers to their jobs. Businesses want traffic congestion and pollution; pro- value, where businesses want to invest to attract and retain workers and en- tecting farmland, working landscapes, and families want to live. sure that their enterprise will be viable and green space; addressing vacant, It will strengthen rural, suburban, in the long run. Private enterprise has abandoned, and foreclosed properties; and urban communities by supporting spearheaded some of the most notable and building more affordable and local planning efforts to establish a vi- past and current planning efforts and healthy housing. sion for a desired future and chart a re- the Federal Government should be a The bill would also spur private in- alistic course for getting there. The supportive, versatile partner in this vestment in transit-oriented develop- bill promotes local leadership by en- work. ment, TOD, by helping communities couraging communities to partner I invited bipartisan cooperation on overcome initial financing hurdles that strategically to develop solutions that the bill numerous times and although so often lock up private investment are innovative and reflect their unique some offices quietly praise the good and prevent desired transit-oriented, character, assets, and needs. It also di- work going on in their communities, mixed-use development. Locally di- rects public agencies to use taxpayer political pressure prevents them from rected TOD provides numerous eco- dollars more efficiently by coordi- doing so publicly. We remain opti- nomic benefits, including increased nating investments in infrastructure, mistic that supporting community ef- property values and business activity facilities, and services to meet mul- forts to proactively plan for the future as well as congestion reduction. TOD tiple economic, environmental, and and save money by coordinating cap- also promotes economic competitive- community objectives. ital investment strategies are values ness by efficiently connecting our work This bill is the next important step we all support, regardless of the termi- force to educational and employment in transforming the Federal Govern- nology we use to describe them. opportunities. This creates avenues for ment into a better partner in commu- The Livable Communities Act of 2011 business growth in communities across nity efforts to achieve locally-defined is a streamlined approach that would the country and keeps America com- goals, support families when they need keep the good work at the U.S. Depart- petitive in the global economy. it most, and keep the U.S. competitive ment of Housing and Urban Develop- I know how important planning is to in the global economy. ment going. Its intent is to find better our communities. My home State of Dealing with change can be a real ways to coordinate interconnected but New Jersey is the most densely popu- challenge—in our professional and per- often silo-ed programs and policies lated in the country, so we know the sonal lives, with our families, and in that impact housing, transportation, value of good community planning. our communities. But change is an op- and the environment and affect the Over the years we have learned some portunity to move forward, if only we way we live our daily lives. important lessons about how vital it is are open to recognizing it. We can ac- The bill would formally authorize the to make sure that our development cept and manage change or we can be existing HUD Office of Sustainable projects are functional, serviceable, steam-rolled by it. Housing and Communities, to work and livable at the human scale, places I have heard horror stories from with the Department of Transportation where people feel safe, where they want across the country about veterans hos- and Environmental Protection Agency, to spend time, relax as well as work— pitals being built in places that are not to provide technical assistance and ca- places where they can live, shop, and accessible by public transportation. I pacity support to communities work- be connected to their surroundings. If have heard of homebuyers who ‘‘drive ing on integrated planning for housing, this economic crisis is teaching us any- to qualify’’ for mortgage financing transportation, water and sewer infra- thing, it is to live within our means,

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It means protecting hazards. 4103). housing values by putting housing near (4) Greater coordination of public invest- (9) LIVABLE COMMUNITY.—The term ‘‘livable transit. As President Obama remarked ment will provide direct support for imme- community’’ means a metropolitan, urban, over two years ago, our days of build- diate job creation and lay the groundwork suburban, or rural community that— ing mindless sprawl are over. We sim- for long-term resilience and prosperity by (A) provides safe, reliable, and accessible ply cannot afford it. Now is the time to leveraging significant private sector and transportation choices; reinvest in our communities and infra- philanthropic investment to make the most (B) provides long-term affordable, acces- of Federal funding. structure. The HUD-DOT-EPA Partner- sible, energy-efficient, and location-efficient ship for Sustainable Communities is SEC. 3. PURPOSES. housing choices for people of all ages, in- The purposes of this Act are— comes, races, and ethnicities; doing this in a very active way. There (1) to strengthen rural, suburban, and (C) supports, revitalizes, and encourages are many members of Congress who urban economies by enabling communities the growth of existing communities and support this important work, but we to establish goals for the future and to chart maximizes the cost-effectiveness of existing need to convince more of them that we a course for achieving such goals; infrastructure; are right, and that—for the good of (2) to promote local leadership by encour- (D) promotes economic development and their communities—they should be on aging communities to develop innovative so- economic competitiveness; our side. lutions that reflect the unique economic as- (E) preserves the environment and natural The fact is, we all have a role to play. sets and needs of the communities; resources; (3) to maximize returns on Federal funding The environment is substantially dif- (F) protects agricultural land, rural land, of housing, transportation, and other infra- and green spaces; and ferent today than it was ten years structure projects through the coordination (G) supports public health and improves ago—twenty years ago when I was try- of Federal grant programs, regulations, and the quality of life for residents of, and work- ing to get people on board with the requirements, by reducing the number of du- ers in, the community. idea reactivating an existing right of plicative Federal programs and improving (10) LOCATION-EFFICIENT.—The term ‘‘loca- way to serve as the Hudson Bergen the efficiency and effectiveness of programs tion-efficient’’ characterizes mixed-use de- Light Rail when I was Mayor of Union and policies of the Department of Housing velopment or neighborhoods that integrate City. and Urban Development, the Department of housing, commercial development, and fa- Today, communities are catching on. Transportation, the Environmental Protec- cilities and amenities— tion Agency, and other Federal agencies, as Innovation is happening. The Federal (A) to lower living expenses for working appropriate; and families; Government can be an important part- (4) to ensure that Federal funding supports (B) to enhance mobility; ner in helping communities achieve locally defined long range development (C) to encourage private investment in their goals. I can tell you that in Jer- goals. transit-oriented development; and sey City, ‘‘livable’’ means the trans- SEC. 4. DEFINITIONS. (D) to encourage private sector infill devel- forming 111 acres of under-utilized in- In this Act, the following definitions shall opment and maximize the use of existing in- dustrial land into a mixed use, apply: frastructure. walkable community along the Hudson (1) AFFORDABLE HOUSING.—The term ‘‘af- (11) LOW-INCOME FAMILY.—The term ‘‘low- Bergen Light Rail. A quiet revolution fordable housing’’ means housing, the cost of income family’’ has the meaning given that which does not exceed 30 percent of the in- term in section 3(b) of the United States is underway and communities like Jer- come of a family. Housing Act of 1937 (42 U.S.C. 1437a(b)). sey City are leading by example. It’s (2) COMPREHENSIVE REGIONAL PLAN.—The (12) METROPOLITAN PLANNING ORGANIZA- time for the Federal Government to term ‘‘comprehensive regional plan’’ means TION.—The term ‘‘metropolitan planning or- catch up. a plan that— ganization’’ means a metropolitan planning It is our job—together—all of us—to (A) uses a cooperative, locally controlled organization described in section 134(b) of provide the information, tools, and en- and inclusive public engagement process to title 23, United States Code or section 5303(b) couragement these communities need, identify needs and goals across a region and of title 49, United States Code. that Federal, State, and local agencies to integrate related planning processes; (13) OFFICE.—The term ‘‘Office’’ means the (B) prioritizes projects for implementation, Office of Sustainable Housing and Commu- and elected officials need—to achieve including healthy housing projects; and nities established under section 5. the aspirations that they set for them- (C) is tied to short-term capital improve- (14) REGIONAL COUNCIL.—The term ‘‘re- selves. ment programs and annual budgets. gional council’’ means a multiservice re- Mr. President, I ask unanimous con- (3) DEPARTMENT.—The term ‘‘Department’’ gional organization with State and locally sent that the text of the bill be printed means the Department of Housing and Urban defined boundaries that is— in the RECORD. Development. (A) accountable to units of general local There being no objection, the text of (4) DIRECTOR.—The term ‘‘Director’’ means government; the bill was ordered to be printed in the Director of the Office of Sustainable (B) delivers a variety of Federal, State, and Housing and Communities established under local programs; and the RECORD, as follows: section 5. (C) performs planning functions and pro- S. 1621 (5) EXTREMELY LOW-INCOME FAMILY.—The vides professional and technical assistance. Be it enacted by the Senate and House of Rep- term ‘‘extremely low-income family’’ means (15) RURAL PLANNING ORGANIZATION.—The resentatives of the United States of America in a family that has an income that does not term ‘‘rural planning organization’’ means a Congress assembled, exceed— voluntary regional organization of local SECTION 1. SHORT TITLE. (A) 30 percent of the median income in the elected officials and representatives of local This Act may be cited as the ‘‘Livable area where the family lives, as determined transportation systems that— Communities Act of 2011’’. by the Secretary, with appropriate adjust- (A) works in cooperation with the depart- SEC. 2. FINDINGS. ments for the size of the family; or ment of transportation (or equivalent entity) Congress finds the following: (B) a percentage of the median income in of a State to plan transportation networks (1) When rural, suburban, and urban com- the area where the family lives, as deter- and advise officials of the State on transpor- munities plan transportation, housing, and mined by the Secretary upon a finding by tation planning; and water infrastructure strategically it is esti- the Secretary that such percentage is nec- (B) is located in a rural area— mated that these communities could save essary due to unusually high or low family (i) with a population of not less than 5,000; nearly $122,000,000,000 in infrastructure costs incomes in the area where the family lives. and over the next 25 years. (6) HEALTHY HOUSING.—The term ‘‘healthy (ii) that is not located in an area rep- (2) Key Federal programs are missing a housing’’ means housing that is designed, resented by a metropolitan planning organi- vital opportunity to boost economic growth constructed, rehabilitated, and maintained zation. at the local and regional level through better in a manner that supports the health of the (16) SECRETARY.—The term ‘‘Secretary’’ coordination of housing, transportation, and occupants of the housing. means the Secretary of Housing and Urban related infrastructure investments. (7) HOUSING-RELATED HEALTH HAZARD.—The Development. (3) Federal regulations and policies should term ‘‘housing-related health hazard’’ means (17) STATE.—The term ‘‘State’’ has the support community efforts to implement and any biological, physical, or chemical source meaning given that term by the Secretary, sustain progress toward the achievement of of exposure or condition in, or immediately by rule.

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(18) TRANSIT-ORIENTED DEVELOPMENT.—The (F) monitoring and evaluating the per- tribe require the Secretary to treat the tribe term ‘‘transit-oriented development’’ means formance of recipients of grants under each as an eligible entity for purposes of carrying high-density, walkable, location-efficient, grant program; and out activities using a grant under this sec- mixed-use development, including commer- (G) carrying out such other activities re- tion; cial development, affordable housing, and lating to the administration of the grant (3) the term ‘‘eligible partner’’ means— market-rate housing, that is within walking programs under this Act as the Secretary de- (A) a metropolitan planning organization, distance of and accessible to 1 or more public termines are necessary; a rural planning organization, or a regional transportation facilities. (5) provide guidance, information on best council; or (19) UNIT OF GENERAL LOCAL GOVERNMENT.— practices, and technical assistance to com- (B) a metropolitan planning organization, The term ‘‘unit of general local government’’ munities seeking to adopt sustainable devel- a rural planning organization, or a regional means— opment policies and practices; council, and— (A) a city, county, town, township, parish, (6) administer initiatives of the Depart- (i) a State; village, or other general purpose political ment relating to the policies described in (ii) an Indian tribe; subdivision of a State; or paragraph (1), as determined by the Sec- (iii) a State and an Indian tribe; or (B) a combination of general purpose polit- retary; and (iv) an institution of higher education; ical subdivisions, as determined by the Sec- (7) work with the Federal Transit Adminis- (4) the term ‘‘grant program’’ means the retary. tration of the Department of Transportation comprehensive planning grant program es- (20) UNIT OF SPECIAL PURPOSE LOCAL GOV- and other offices and administrations of the tablished under subsection (b); and ERNMENT.—The term ‘‘unit of special purpose Department of Transportation, as appro- (5) the term ‘‘noncore area’’ means a coun- local government’’— priate— ty or group of counties that are not des- (A) means a division of a unit of general (A) to encourage transit-oriented develop- ignated by the Office of Management and purpose government that serves a special ment; and Budget as a micropolitan statistical area or purpose and does not provide a broad array (B) to coordinate Federal housing, commu- metropolitan statistical area. of services; and nity development, and transportation poli- (b) COMPREHENSIVE PLANNING GRANT PRO- (B) includes an entity such as a school dis- cies, including the policies described in para- GRAM ESTABLISHED.—The Director shall es- trict, a housing agency, a transit agency, graph (1). tablish a comprehensive planning grant pro- gram to make grants to eligible entities to and a parks and recreation district. (b) DIRECTOR.—The head of the Office shall be the Director of the Office of Sustainable carry out a project— (21) VERY LOW-INCOME FAMILY.—The term Housing and Communities. (1) to coordinate locally defined planning ‘‘very low-income family’’ has the same (c) DUTIES RELATING TO GRANT PRO- processes, across jurisdictions and agencies; meaning as in section 3(b) of the United GRAMS.— (2) to identify regional partnerships for de- States Housing Act of 1937 (42 U.S.C. (1) IN GENERAL.—The Director shall carry veloping and implementing a comprehensive 1437a(b)). out the grant programs established under regional plan; SEC. 5. OFFICE OF SUSTAINABLE HOUSING AND this Act. (3) to conduct or update assessments to de- COMMUNITIES. (2) SMALL AND RURAL COMMUNITIES GRANTS termine regional needs and promote eco- (a) OFFICE ESTABLISHED.—There is estab- PROGRAM.—The Director shall coordinate nomic and community development; lished in the Department an Office of Sus- with the Secretary of Agriculture to make (4) to develop or update— tainable Housing and Communities, which grants to small and rural communities under (A) a comprehensive regional plan; or shall— sections 7 and 8. (B) goals and strategies to implement an (1) coordinate Federal policies that— (3) TECHNICAL ASSISTANCE FOR GRANT RE- existing comprehensive regional plan and (A) encourage locally directed comprehen- CIPIENTS AND APPLICANTS.—The Director other related activities; and sive and integrated planning and develop- may— (5) to identify local zoning and other code ment at the State, regional, and local levels; (A) coordinate with other Federal agencies changes necessary to implement a com- (B) encourage coordinated public invest- to establish interagency and multidisci- prehensive regional plan and promote sus- ments through the development of com- plinary teams to provide technical assist- tainable development. prehensive regional plans; ance to recipients of, and prospective appli- (c) GRANTS.— (C) provide long-term affordable, acces- cants for, grants under this Act; (1) DIVERSITY OF GRANTEES.—The Director sible, energy-efficient, healthy, location-effi- (B) by Federal interagency agreement, shall ensure geographic diversity among and cient housing choices for people of all ages, transfer funds to another Federal agency to adequate representation from each of the fol- incomes, races, and ethnicities, particularly facilitate and support technical assistance; lowing categories: for low-, very low-, and extremely low-in- and (A) SMALL AND RURAL COMMUNITIES.—Eligi- come families; and (C) make contracts with third parties to ble entities that represent all or part of a (D) achieve other goals consistent with the provide technical assistance to grant recipi- noncore area, a micropolitan area, or a small purposes of this Act; ents and prospective applicants for grants. metropolitan statistical area with a popu- (2) review Federal programs and policies to SEC. 6. COMPREHENSIVE PLANNING GRANT PRO- lation of not more than 200,000. determine barriers to interagency collabora- GRAM. (B) MID-SIZED METROPOLITAN COMMU- tion and make recommendations to promote (a) DEFINITIONS.—In this section— NITIES.—Eligible entities that represent all the ability of local communities to access re- (1) the term ‘‘consortium of units of gen- or part of a metropolitan statistical area sources in the Department and throughout eral local governments’’ means a consortium with a population of more than 200,000 and the Federal Government and coordinate with of geographically contiguous units of general not more than 500,000. and conduct outreach to Federal agencies, local government that the Secretary deter- (C) LARGE METROPOLITAN COMMUNITIES.— including the Department of Transportation mines— Eligible entities that represent all or part of and the Environmental Protection Agency, (A) represents all or part of a metropolitan a metropolitan statistical area with a popu- on methods to reduce duplicative programs statistical area, a micropolitan statistical lation of more than 500,000. and improve the efficiency and effectiveness area, or a noncore area; (2) AWARD OF FUNDS TO SMALL AND RURAL of programs within the Department of Trans- (B) has the authority under State, tribal, COMMUNITIES.— portation, the Environmental Protection or local law to carry out planning activities, (A) IN GENERAL.—The Director shall— Agency, and the Department of Housing and including surveys, land use studies, environ- (i) award not less than 15 percent of the Urban Development; mental or public health analyses, and devel- funds under the grant program to eligible en- (3) conduct research and advise the Sec- opment of urban revitalization plans; and tities described in paragraph (1)(A); and retary on the research agenda of the Depart- (C) has provided documentation to the Sec- (ii) ensure diversity among the geographic ment relating to coordinated development, retary sufficient to demonstrate that the regions and the size of the population of the in collaboration with the Office of Policy De- purpose of the consortium is to carry out a communities served by recipients of grants velopment and Research of the Department; project using a grant awarded under this that are eligible entities described in para- (4) implement and oversee the grant pro- Act; graph (1)(A). grams established under this Act by— (2) the term ‘‘eligible entity’’ means— (B) INSUFFICIENT APPLICATIONS.—If the Di- (A) developing the process and format for (A) a partnership between a consortium of rector determines that insufficient approv- grant applications for each grant program; units of general local government and an eli- able applications have been submitted by eli- (B) promulgating regulations or guidance gible partner; or gible entities described in paragraph (1)(A), relating to each grant program; (B) an Indian tribe, if— the Director may award less than 15 percent (C) selecting recipients of grants under (i) the Indian tribe has— of the funds under the grant program to eli- each grant program; (I) a tribal entity that performs housing gible entities described in paragraph (1)(A). (D) creating performance measures for re- and land use planning functions; and (3) FEDERAL SHARE.— cipients of grants under each grant program; (II) a tribal entity that performs transpor- (A) IN GENERAL.—Except as provided in (E) developing technical assistance and tation and transportation planning func- subparagraph (B), the Federal share of the other guidance to assist recipients of grants tions; and cost of a project carried out using a grant and potential applicants for grants under (ii) the Secretary determines that the iso- under the grant program may not exceed 80 each grant program; lated location and land expanse of the Indian percent.

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(B) EXCEPTIONS.— ganization, the regional council, local juris- (1) OUTREACH REQUIRED.—Each eligible en- (i) SMALL AND RURAL COMMUNITIES.—In the dictions, non-profit organizations, and oth- tity that receives a grant under the grant case of an eligible entity described in para- ers, as deemed appropriate by the eligible en- program shall perform substantial outreach graph (1)(A), the Federal share of the cost of tity, given the local context of the com- activities— a project carried out using a grant under the prehensive planning effort; and (A) to engage a broad cross-section of com- grant program may be 90 percent. (F) a certification that the eligible entity munity stakeholders in the process of devel- (ii) INDIAN TRIBES.—In the case of an eligi- has solicited public comment on the con- oping a comprehensive regional plan, includ- ble entity that is an Indian tribe, the Fed- tents of the project description under sub- ing low-income families, minorities, older eral share of the cost of a project carried out paragraph (A) that includes— adults, and economically disadvantaged using a grant under the grant program may (i) a description of the process for receiv- community members; and be 100 percent. ing public comment relating to the proposal; (B) to create an effective means for stake- (C) NON-FEDERAL SHARE.— and holders to participate in the development (i) IN-KIND CONTRIBUTIONS.—For the pur- (ii) such other information as the Director and implementation of a comprehensive re- poses of this section, in-kind contributions may require; gional plan. may be used for all or part of the non-Fed- (G) a description of how the eligible entity (2) FINALIZATION OF COMPREHENSIVE RE- eral share of the cost of a project carried out will carry out the activities under subsection GIONAL PLAN.— using a grant under the grant program. (f); and (A) IN GENERAL.—An eligible entity that (ii) OTHER FEDERAL FUNDING.—Federal (H) such additional information as the Di- receives a grant under the grant program funding from sources other than the grant rector may require. may not finalize a comprehensive regional program may not be used for the non-Federal (2) INDIAN TRIBES.—An eligible entity that plan before the eligible entity holds a public share of the cost of a project carried out is an Indian tribe is not required to submit hearing to obtain the views of citizens, pub- using a grant under the grant program. the certification under paragraph (1)(E). lic agencies, and other interested parties. (4) AVAILABILITY OF FUNDS.— (e) SELECTION.—In evaluating an applica- (B) AVAILABILITY OF INFORMATION.—Not (A) IN GENERAL.—An eligible entity that tion for a grant under the grant program, the later than 30 days before a hearing described receives a grant under the grant program Director shall consider the extent to which in subparagraph (A), an eligible entity shall shall— the application— make the proposed comprehensive regional (i) obligate any funds received under the (1) demonstrates the technical capacity of plan and all information relevant to the grant program not later than 2 years after the eligible entity to carry out the project; hearing available to the public for inspection the date on which the grant agreement under (2) demonstrates the extent to which the during normal business hours. subsection (g) is made; and consortium has developed partnerships (C) NOTICE.—Not later than 30 days before (ii) expend any funds received under the throughout an entire region, including, as a hearing described in subparagraph (A), an grant program not later than 4 years after appropriate, partnerships with the entities eligible entity shall publish notice— the date on which the grant agreement under described in subsection (d)(1)(D); (i) of the hearing; and subsection (g) is made. (3) demonstrates integration with local ef- (ii) that the information described in sub- (B) UNOBLIGATED AMOUNTS.—After the date forts in economic development and job cre- paragraph (B) is available. described in subparagraph (A)(i), the Sec- ation; (i) VIOLATION OF GRANT AGREEMENT OR retary may award to another eligible entity, (4) demonstrates a strategy for imple- FAILURE TO COMPLY WITH PUBLIC OUTREACH to carry out activities under this section, menting a comprehensive regional plan REQUIREMENTS.—If the Director determines any amounts that an eligible entity has not through regional infrastructure investment that an eligible entity has not met the per- obligated under subparagraph (A)(i). plans and local land use plans; formance measures established under sub- (d) APPLICATION.— (5) promotes diversity among the geo- section (g), is not making reasonable (1) IN GENERAL.—An eligible entity that de- graphic regions and the size of the popu- progress toward meeting such measures, is sires a grant under this section shall submit lation of the communities served by recipi- otherwise in violation of the grant agree- to the Director an application, at such time ents of grants under this section; ment, or has not complied with the public and in such manner as the Director shall pre- (6) demonstrates a commitment to seeking outreach requirements under subsection (h), scribe, that contains— substantial public input during the planning the Director may— (A) a description of the project proposed to process and public participation in the devel- (1) withhold financial assistance until the be carried out by the eligible entity; opment of the comprehensive regional plan; requirements under the grant agreement or (B) a budget for the project that includes (7) demonstrates that a Federal grant is under subsection (h), as applicable, are met; the anticipated Federal share of the cost of necessary to accomplish the project proposed or the project and a description of the source of to be carried out; (2) terminate the grant agreement. the non-Federal share; (j) REPORT ON THE COMPREHENSIVE PLAN- (8) minimizes the Federal share necessary (C) the designation of a lead agency or or- NING GRANT.— to carry out the project and leverages State, ganization, which may be the eligible entity, (1) IN GENERAL.—Not later than 90 days local, or private resources; to receive and manage any funds received by after the date on which the grant agreement (9) has a high quality overall; and the eligible entity under the grant program; under subsection (g) expires, an eligible enti- (10) demonstrates such other qualities as (D) a signed copy of a memorandum of un- ty that receives a grant under the grant pro- the Director may determine. derstanding among local jurisdictions, in- gram shall submit a final report on the (f) ELIGIBLE ACTIVITIES.—An eligible entity cluding, as appropriate, a State, a tribe, that receives a grant under this section shall project to the Secretary. units of general purpose local government, carry out a project that includes 1 or more of (2) CONTENTS OF REPORT.—The report shall units of special purpose local government, the following activities: include— metropolitan planning organizations, rural (1) Coordinating locally defined planning (A) a detailed explanation of the activities planning organizations, and regional coun- processes across jurisdictions and agencies. undertaken using the grant, including an ex- cils that demonstrates— (2) Identifying potential regional partner- planation of the completed project and how (i) the creation of an eligible entity; ships for developing and implementing a it achieves specific transit-oriented, trans- (ii) a description of the nature and extent comprehensive regional plan. portation, housing, or sustainable commu- of planned collaboration between the eligible (3) Conducting or updating assessments to nity goals within the region; entity and any partners of the eligible enti- determine regional needs, including healthy (B) a discussion of any obstacles encoun- ty; housing, and promote economic and commu- tered in the planning process and how the el- (iii) a commitment to develop a com- nity development. igible entity overcame the obstacles; prehensive regional plan; and (4) Developing or updating— (C) an evaluation of the success of the (iv) a commitment to implement the plan (A) a comprehensive regional plan; or project using the performance standards and after the plan is developed; (B) goals and strategies to implement an measures established under subsection (g), (E) a certification that the eligible entity existing comprehensive regional plan. including an evaluation of the planning proc- has— (5) Implementing local zoning and other ess and how the project contributes to car- (i) secured the participation, or made a code changes necessary to implement a com- rying out the comprehensive regional plan; good-faith effort to secure the participation, prehensive regional plan and promote sus- and of transportation providers and public hous- tainable development. (D) any other information the Director ing agencies within the area affected by the (g) GRANT AGREEMENT.—Each eligible enti- may require. comprehensive regional plan and the entities ty that receives a grant under this section (3) INTERIM REPORT.—The Director may re- described in clause (ii); and shall agree to establish, in coordination with quire an eligible entity to submit an interim (ii) created, or will create not later than 1 the Director, performance measures, report- report, before the date on which the project year after the date of the grant award, a re- ing requirements, and any other require- for which the grant is awarded is completed. gional advisory board to provide input and ments that the Director determines are nec- (k) AUTHORIZATION OF APPROPRIATIONS.— feedback on the development of the com- essary, that must be met at the end of each (1) AUTHORIZATION.—There are authorized prehensive regional plan that includes rep- year in which the eligible entity receives to be appropriated to the Secretary for the resentatives of a State, the metropolitan funds under the grant program. award of grants under this section, to remain planning organization, the rural planning or- (h) PUBLIC OUTREACH.— available until expended—

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(A) $100,000,000 for fiscal year 2012; and (ii) a description of the process for receiv- (g) GRANT AGREEMENT.—Each eligible enti- (B) $125,000,000 for each of fiscal years 2013 ing public comment, and a description of the ty that receives a grant under the grant pro- through 2016. outreach efforts to affected populations and gram shall agree to establish, in coordina- (2) TECHNICAL ASSISTANCE.—The Director stakeholders; tion with the Director, performance meas- may use not more than 2 percent of the (iii) a certification that the eligible enti- ures, reporting requirements, and any other amounts made available under this sub- ty— requirements that the Director determines section for a fiscal year for technical assist- (I) held a public hearing to obtain the are necessary, that must be met at the end of ance under section 5(c)(3). views of citizens, public agencies, and other each year in which the eligible entity re- SEC. 7. COMMUNITY CHALLENGE GRANT PRO- interested parties; ceives funds under the grant program. GRAM. (II) made the proposed project and all in- (h) VIOLATION OF GRANT AGREEMENT.—If (a) DEFINITIONS.—In this section— formation relevant to the hearing available the Director determines that an eligible en- (1) the terms ‘‘consortium of units of gen- for inspection by the public during normal tity has not met the performance measures eral local governments’’, ‘‘eligible entity’’, business hours not less than 30 days before established under subsection (g), is not mak- and ‘‘eligible partner’’ have the same mean- the hearing under subclause (I); and ing reasonable progress toward meeting such ing as in section 6; and (III) published a notice informing the pub- measures, or is otherwise in violation of the (2) the term ‘‘grant program’’ means the lic of the hearing under subclause (I) and the grant agreement, the Director may— community challenge grant program estab- availability of the information described in (1) withhold financial assistance until the lished under subsection (b). subclause (II); and requirements under the grant agreement are (b) COMMUNITY CHALLENGE GRANT PROGRAM (F) a budget for the project that includes met; or ESTABLISHED.—The Director shall establish a the Federal share of the cost of the project (2) terminate the grant agreement. community challenge grant program to or projects requested and a description of the (i) REPORT ON THE COMMUNITY CHALLENGE make grants to eligible entities to— source of the non-Federal share; and GRANT.— (1) promote integrated planning and in- (G) such additional information as the Di- (1) IN GENERAL.—Not later than 90 days vestments across policy and governmental rector may require. after the date on which the grant agreement jurisdictions; and (2) INDIAN TRIBES.—An eligible entity that under subsection (g) expires, an eligible enti- (2) implement projects identified in a com- is an Indian tribe is not required to submit a ty that receives a grant under the grant pro- prehensive regional plan. memorandum of understanding under para- gram shall submit a final report on the (c) GRANTS.— graph (1)(D). project to the Secretary. (1) DIVERSITY OF GRANTEES.—The Director (e) SELECTION.—In evaluating an applica- (2) CONTENTS OF REPORT.—The report shall shall ensure geographic diversity among and tion for a grant under the grant program, the include— adequate representation from eligible enti- Director shall consider the extent to which (A) a detailed explanation of the activities ties in each of the categories described in the application— undertaken using the grant, including an ex- section 6(c)(1). (1) demonstrates the technical capacity of planation of the completed project and how (2) TERMS AND CONDITIONS.—Except as oth- the eligible entity to carry out the project; it achieves specific transit-oriented, trans- erwise provided in this section, a grant under (2) demonstrates the extent to which the portation, housing, or sustainable commu- the grant program shall be made on the same eligible entity has developed partnerships nity goals within the region; terms and conditions as a grant under sec- throughout an entire region, including part- (B) a discussion of any obstacles encoun- tion 6. nerships with units of special purpose local tered in the planning and implementation (3) EXPENDING FUNDS.—An eligible entity government and transportation providers; process and how the eligible entity overcame that receives a grant under the grant pro- (3) demonstrates clear and meaningful the obstacles; gram shall expend any funds received under interjurisdictional cooperation and coordina- (C) an evaluation of the success of the the grant program not later than 5 years tion of housing (including healthy housing), project using the performance standards and after the date on which the grant agreement transportation, and environmental policies measures established under subsection (g), under subsection (g) is made. and plans; including an evaluation of the planning and (d) APPLICATION.— (4) demonstrates a commitment to imple- implementation process and how the project (1) CONTENTS.—An eligible entity that de- menting a comprehensive regional plan and contributes to carrying out the comprehen- sires a grant under the grant program shall documents action taken or planned to imple- sive regional plan; and submit to the Director an application, at ment the plan; (D) any other information the Director such time and in such manner as the Direc- (5) minimizes the Federal share necessary may require. tor shall prescribe, that contains— to carry out the project and leverages a sig- (3) INTERIM REPORT.—The Director may re- (A) a copy of the comprehensive regional nificant amount of State, local, or private quire an eligible entity to submit an interim plan, whether developed as part of the com- resources; report, before the date on which the project prehensive planning grant program under (6) identifies original and innovative ideas for which the grant is awarded is completed. section 6 or developed independently; to overcoming regional problems, including (j) AUTHORIZATION OF APPROPRIATIONS.— (B) a description of the project or projects local land use and zoning (or other code) ob- (1) AUTHORIZATION.—There are authorized proposed to be carried out using a grant stacles to carrying out the comprehensive to be appropriated to the Secretary for the under the grant program; regional plan; award of grants under this section, to remain (C) a description of any preliminary ac- (7) promotes diversity among the geo- available until expended— tions that have been or must be taken at the graphic regions and the size of the popu- (A) $30,000,000 for each of fiscal years 2012 local or regional level to implement the lation of the communities served by recipi- and 2013; project or projects under subparagraph (B), ents of grants under the grant program; (B) $35,000,000 for fiscal year 2014; including the revision of land use or zoning (8) demonstrates a commitment to sub- (C) $40,000,000 for fiscal year 2015; and policies; stantial public input throughout the imple- (D) $45,000,000 for fiscal year 2016. (D) a signed copy of a memorandum of un- mentation process; SEC. 8. CREDIT FACILITY TO SUPPORT TRANSIT- derstanding among local jurisdictions, in- (9) demonstrates that a Federal grant is ORIENTED DEVELOPMENT. cluding, as appropriate, a State, units of gen- necessary to accomplish the project or (a) DEFINITIONS.—In this section— eral purpose local government, units of spe- projects proposed to be carried out; (1) ELIGIBLE APPLICANT.—The term ‘‘eligi- cial purpose local government, metropolitan (10) has a high quality overall; and ble applicant’’ means a State or local gov- planning organizations, rural planning orga- (11) demonstrates such other qualities as ernment. nizations, and regional councils that dem- the Director may determine. (2) ELIGIBLE AREA.—The term ‘‘eligible onstrates— (f) GRANT ACTIVITIES.— area’’ means the area within 1⁄2 mile of an ex- (i) the creation of a consortium of units of (1) PLANNING ACTIVITIES.—An eligible enti- isting or planned major transit facility. general local government; and ty that receives a grant under the grant pro- (3) ELIGIBLE BORROWER.—The term ‘‘eligi- (ii) a commitment to implement the ac- gram may use not more than 10 percent of ble borrower’’ means— tivities described in the comprehensive re- the grant for planning activities. Activities (A) a governmental entity, authority, gional plan; and related to the updating, reform, or develop- agency, or instrumentality; (E) a certification that the eligible entity ment of a local code, plan, or ordinance to (B) a corporation, partnership, joint ven- has solicited public comment on the con- implement projects contained in a com- ture, or trust on behalf of which an eligible tents of the project or projects described in prehensive regional plan shall not be consid- applicant has submitted an application subparagraph (B) that includes— ered planning activities for the purposes of a under subsection (c); or (i) a certification that the eligible entity grant under the grant program. (C) any other legal entity undertaking an made information about the project or (2) PROJECTS AND INVESTMENTS.—An eligi- infrastructure development project on behalf projects available and afforded citizens, pub- ble entity that receives a grant under the of which an eligible applicant has submitted lic agencies, and other interested parties a grant program shall carry out 1 or more an application under subsection (c). reasonable opportunity to examine the con- projects that are designed to achieve the (4) MAJOR TRANSIT FACILITY.—The term tent of the project or projects and to submit goals identified in a comprehensive regional ‘‘major transit facility’’ means— comments; plan. (A) a fixed-guideway transit station;

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Healthy Homes and Lead Hazard Control and (5) PLANNED MAJOR TRANSIT FACILITY.—The (e) ELIGIBLE SOURCES OF REPAYMENT.—A in consultation with the Secretary of En- term ‘‘planned major transit facility’’ means loan made or guaranteed under this section ergy, the Administrator of the Environ- a major transit facility for which appro- shall be repayable, in whole or in part, from mental Protection Agency, the Secretary of priate environmental reviews have been dedicated revenue sources, which may in- Agriculture, the Director of the National In- completed and for which funding for con- clude— stitute of Standards and Technology, the Di- struction can be reasonably anticipated. (1) user fees; rector of the National Institute of Environ- (6) PROJECT.—The term ‘‘project’’ means an (2) property tax revenues; mental Health Sciences, and the Director of the Centers for Disease Control, shall lead infrastructure project that is used to support (3) sales tax revenues; the Federal initiative to support healthy a transit-oriented development in an eligible (4) other revenue sources dedicated to the housing and eradicate housing-related health area, including— project by property owners and businesses; hazards by— (A) property enhancement, including con- and (1) reviewing, monitoring, and evaluating ducting environmental remediation, park de- (5) a bond or other indebtedness backed by Federal housing, health, energy, and envi- velopment, and open space acquisition; one of the revenue sources listed in this (B) improvement of mobility and parking, ronmental programs and identifying areas of paragraph. overlap and duplication that could be im- including rehabilitating, or providing for ad- (f) INTEREST RATE.—The Secretary shall ditional, streets, transit stations, structured proved; establish an interest rate for loans made or (2) identifying best practices and model parking, walkways, and bikeways; guaranteed under this section with reference (C) utility development, including rehabili- programs, including practices and programs to a benchmark interest rate (yield) on mar- that link services for low-income families tating existing, or providing for new drink- ketable Treasury securities with a maturity ing water, wastewater, electric, and gas util- and services for health hazards; that is similar to the loans made or guaran- (3) identifying best practices for finance ities; or teed under this section. (D) community facilities, including child products, building codes, and regulatory (g) MAXIMUM MATURITY.—The maturity of care centers. practices; a loan made or guaranteed under this section (b) LOAN PROGRAM ESTABLISHED.—The Sec- (4) researching training programs and work retary may make or guarantee loans under may not exceed the lesser of— practices that can accurately assess housing- this section to eligible borrowers for (1) 35 years; or related health hazards; projects. (2) 90 percent of the useful life of any (5) promoting collaboration among Fed- (c) APPLICATION.— project to be financed by the loan, as deter- eral, State, local, and tribal agencies and (1) IN GENERAL.—An eligible applicant may mined by the Secretary. non-governmental organizations; and submit to the Secretary an application for a (h) MAXIMUM LOAN GUARANTEE RATE.— (6) coordinating with all relevant Federal loan or loan guarantee under this section— (1) IN GENERAL.—The guarantee rate on a agencies. (A) to fund a project carried out by the eli- loan guaranteed under this section may not (b) ASSESSMENT.—The Secretary shall con- gible applicant; or exceed 75 percent of the amount of the loan. duct a collaborative, interagency assessment (B) on behalf of an eligible borrower, to (2) LOWER GUARANTEE RATE FOR LOW-RISK of best practices for— fund a project carried out by the eligible bor- BORROWERS.—The Secretary shall establish a (1) coordinating activities relating to rower. guarantee rate for loans to eligible bor- healthy housing; (d) SELECTION CRITERIA.— rowers that the Secretary determines pose a (2) removing unnecessary barriers to inter- (1) IN GENERAL.—The Secretary may make lower risk of default that is lower than the agency coordination in Federal statutes and a loan or loan guarantee under this section guarantee rate for loans to other eligible regulations; and for a project that— borrowers. (3) creating incentives in programs of the (A) is part of a community-wide develop- (i) FEES.—The Secretary shall establish Federal Government to advance the com- ment plan, as defined by the Secretary; fees for loans made or guaranteed under this plementary goals of improving environ- (B) promotes sustainable development; and section at a level that is sufficient to cover mental health, energy conservation, and the (C) ensures that not less than 15 percent of all or part of the costs to the Federal Gov- availability of housing. any housing units constructed or substan- ernment of making or guaranteeing a loan (c) STUDY AND REPORT ON SUSTAINABLE tially rehabilitated as part of transit-ori- under this section. BUILDING FEATURES AND INDOOR ENVIRON- ented development supported by the project (j) NONSUBORDINATION.—A loan made or MENTAL QUALITY IN HOUSING.— are affordable over the long-term to, and oc- guaranteed under this section may not be (1) STUDY.—The Secretary, in consultation cupied at time of initial occupancy by— subordinated to the claims of any holder of with the Secretary of Energy, the Director of the National Institute of Standards and (i) renters with incomes at or below 60 per- an obligation relating to the project in the Technology, the Director of the National In- cent of the area median; or event of bankruptcy, insolvency, or liquida- stitute of Environmental Health Sciences, (ii) homeowners with incomes at or below tion. the Director of the Centers for Disease Con- 100 percent of the area median. (k) COMMENCEMENT OF REPAYMENT.—The trol, and any other Federal agency that the (2) CONSIDERATIONS.—The Secretary shall scheduled repayment of principal or interest Secretary determines is appropriate, shall select the recipients of loans and loan guar- on a loan made or guaranteed under this sec- conduct a detailed study of how sustainable antees under this section based on the extent tion shall commence not later than 5 years building features in housing, such as energy to which— after the date of substantial completion of efficiency, affect— (A) the transit-oriented development sup- the project. (A) the quality of the indoor environment; ported by the project will encourage in- (l) REPAYMENT DEFERRAL FOR LOANS.— (B) the prevalence of housing-related (1) IN GENERAL.—If, at any time after the creased use of transit; health hazards; and date of substantial completion of a project, (B) the transit-oriented development sup- (C) the health of occupants of the housing. ported by the project will create or preserve the Secretary determines that dedicated rev- (2) REPORT.—Not later than 3 years after long-term affordable housing units in addi- enue sources of an eligible borrower are in- the date of enactment of this Act, the Sec- tion to the housing units required to be sufficient to make the scheduled loan repay- retary shall submit to the Committee on made available under paragraph (1)(C) or will ments of principal and interest on a loan Banking, Housing, and Urban Affairs and the provide deeper affordability than required made or guaranteed under this section, the Committee on Appropriations of the Senate under paragraph (1)(C); Secretary may, subject to criteria estab- and the Committee on Financial Services (C) the project will facilitate and encour- lished by the Secretary, allow the eligible and the Committee on Appropriations of the age additional development or redevelop- borrower to add unpaid principal and inter- House of Representatives a report containing ment in the overall transit station area; est to the outstanding balance of the loan. the results of the study under paragraph (1). (D) the local government has adopted poli- (2) TREATMENT OF DEFERRED PAYMENTS.— (d) AUTHORIZATION OF APPROPRIATIONS.— cies that— Any payment deferred under this section There are authorized to be appropriated such (i) promote long-term affordable housing; shall— sums as may be necessary to carry out this and (A) continue to accrue interest until fully section. (ii) allow high-density, mixed-use develop- repaid; and SEC. 10. INELIGIBILITY OF INDIVIDUALS WHO ment near transit stations; (B) be scheduled to be amortized over the ARE NOT LAWFULLY PRESENT. (E) the transit-oriented development sup- remaining term of the loan. No housing assisted using a grant under ported by the project is part of a comprehen- (m) AUTHORIZATION OF APPROPRIATIONS.— this Act may be made available to an indi- sive regional plan; There are authorized to be appropriated for vidual who is not lawfully present in the (F) the eligible borrower has established a the cost of loans and loan guarantees under United States. Nothing in this Act may be reliable, dedicated revenue source to repay this section $20,000,000 for each of fiscal years construed to alter the restrictions or defini- the loan; 2012 through 2016. tions under section 214 of the Housing and

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.047 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE September 22, 2011 CONGRESSIONAL RECORD — SENATE S5919 Community Development Act of 1980 (42 served the United States by building the nu- AUTHORITY FOR COMMITTEES TO U.S.C. 1436a). clear defense weapons of the United States; MEET f Whereas these dedicated workers paid a high price for their service to develop a nu- COMMITTEE ON ARMED SERVICES SUBMITTED RESOLUTIONS clear weapons program for the benefit of the Mr. CASEY. Mr. President, I ask United States, including having developed unanimous consent that the Com- disabling or fatal illnesses; mittee on Armed Services be author- SENATE RESOLUTION 274—EX- Whereas the Senate recognized the con- ized to meet during the session of the PRESSING THE SENSE OF THE tribution, service, and sacrifice these patri- Senate on September 22, 2011, at 9:30 SENATE THAT FUNDING FOR otic men and women made for the defense of a.m. the United States in Senate Resolution 151, THE FEDERAL PELL GRANT The PRESIDING OFFICER. Without 111th Congress, agreed to May 20, 2009, and objection, it is so ordered. PROGRAM SHOULD NOT BE CUT Senate Resolution 653, 111th Congress, IN ANY DEFICIT REDUCTION agreed to September 28, 2010; COMMITTEE ON BANKING, HOUSING, AND URBAN PROGRAM Whereas a national day of remembrance AFFAIRS Mr. CASEY. Mr. President, I ask Mr. WHITEHOUSE (for himself, Mr. time capsule has been crossing the United States, collecting artifacts and the stories of unanimous consent that the Com- REED of Rhode Island, Mr. FRANKEN, the nuclear workers relating to the nuclear mittee on Banking, Housing, and Mr. SANDERS, Mrs. GILLIBRAND, Mr. defense era of the United States; Urban Affairs be authorized to meet LAUTENBERG, Mr. BLUMENTHAL, and Mr. Whereas these stories and artifacts rein- during the session of the Senate on BROWN of Ohio) submitted the fol- force the importance of recognizing these nu- September 22, 2011, at 10 a.m. lowing resolution; which was referred clear workers; and The PRESIDING OFFICER. Without to the Committee on Health, Edu- Whereas these patriotic men and women objection, it is so ordered. deserve to be recognized for the contribu- cation, Labor, and Pensions: COMMITTEE ON INDIAN AFFAIRS tion, service, and sacrifice they have made S. RES. 274 for the defense of the United States: Now, Mr. President, I ask unanimous con- Whereas the Federal Pell Grant program therefore, be it sent that the Committee on Indian Af- has been the cornerstone of the Federal fi- fairs be authorized to meet during the Resolved, That the Senate— nancial aid system since grants were first session of the Senate on September 22, distributed in the 1970s; (1) designates October 30, 2011, as a na- tional day of remembrance for nuclear weap- 2011, at 2:15 p.m. in room 628 of the Whereas during 2010, almost 9,000,000 stu- Dirksen Senate Office Building to con- dents in the United States received a Federal ons program workers, including uranium miners, millers, and haulers, of the United duct a oversight hearing entitled Pell Grant; ‘‘Tribal Law and Order Act One Year Whereas the number of students receiving States; and a Federal Pell Grant increased by 26 percent (2) encourages the people of the United Later: Have We Improved Public Safe- between the 2008-2009 academic year and the States to support and participate in appro- ty and Justice Throughout Indian 2009-2010 academic year; priate ceremonies, programs, and other ac- Country?’’ Whereas when Federal Pell Grants were tivities to commemorate October 30, 2011, as The PRESIDING OFFICER. Without first distributed in 1976, such grants paid for a national day of remembrance for past and objection, it is so ordered. present workers in the nuclear weapons pro- 72 percent of the average cost of a 4-year COMMITTEE ON THE JUDICIARY gram of the United States. public institution of higher education while Mr. CASEY. Mr. President, I ask in 2011 the maximum Federal Pell Grant cov- Mr. BINGAMAN. Mr. President, I rise unanimous consent that the Com- ers only 34 percent of such cost; today to submit a resolution to encour- mittee on the Judiciary be authorized Whereas 61 percent of students who re- to meet during the session of the Sen- ceived a Federal Pell Grant during the 2008- age all Americans to support October 2009 academic year came from households 30, 2011 as a national day of remem- ate on September 22, 2011, at 10 a.m., in that earned less than $30,000 and 99 percent brance for past and present workers in SD–226 of the Dirksen Senate Office of such students came from households that the U.S. nuclear weapons program. I Building, to conduct an executive busi- earned $50,000 a year or less; ness meeting. am pleased that Senators ALEXANDER, Whereas during the 2008-2009 academic The PRESIDING OFFICER. Without year, 68 percent of students receiving a Fed- CANTWELL, CRAPO, CORKER, GILLI- objection, it is so ordered. eral Pell Grant were 21 years of age or older; BRAND, GRAHAM, MCCONNELL, MARK SELECT COMMITTEE ON INTELLIGENCE Whereas the unemployment rate for indi- UDALL and TOM UDALL, have joined me Mr. CASEY. Mr. President, I ask viduals with a baccalaureate degree is con- in introducing this bipartisan legisla- unanimous consent that the Select sistently half of the unemployment rate for tion. individuals with only a secondary school di- Committee on Intelligence be author- ploma; and Since World War II, hundreds of ized to meet during the session of the Whereas education is a vital part of ensur- thousands of men and women, includ- Senate on September 22, 2011, at 2:30 ing that the United States workforce is pre- ing uranium miners, millers, and haul- p.m. pared for the 21st Century and the United The PRESIDING OFFICER. Without States remains the world leader in innova- ers, have served the United States by objection, it is so ordered. building our nuclear defense weapons. tion: Now, therefore, be it SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT Resolved, That it is the sense of the Senate We should all take time to remember AND THE COURTS that funding for the Federal Pell Grant pro- our fellow Americans who have paid a Mr. CASEY. Mr. President, I ask gram should not be cut in any deficit reduc- high price for their service to develop unanimous consent that the Com- tion package. the nuclear program for United States. mittee on the Judiciary, Sub- f Some of these workers have devel- committee on Administrative Over- SENATE RESOLUTION 275—DESIG- oped disabling or fatal illnesses, and we sight and the Courts, be authorized to NATING OCTOBER 30, 2011, AS A should recognize their sacrifice and meet during the session of the Senate on September 22, 2011, at 2:30 p.m., in NATIONAL DAY OF REMEM- contributions. By honoring nuclear room SD–226 of the Dirksen Senate Of- BRANCE FOR NUCLEAR WEAP- complex workers and uranium miners ONS PROGRAM WORKERS fice Building, to conduct a hearing en- who have contributed to our nation’s titled ‘‘Protecting Seniors and Persons Mr. BINGAMAN (for himself, Mr. defense over the past 6 decades, we will with Disabilities—An Examination of ALEXANDER, Mr. UDALL of Colorado, also recognize the sacrifices made by Court-Appointed Guardians.’’ Mr. UDALL of New Mexico, Ms. CANT- family members who have cared for The PRESIDING OFFICER. Without WELL, Mrs. GILLIBRAND, Mr. GRAHAM, sick and injured workers. Additionally, objection, it is so ordered. Mr. CRAPO, Mr. MCCONNELL, and Mr. the commemoration on October 30th SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- CORKER) submitted the following reso- will serve to remind Americans that we AGEMENT, GOVERNMENT INFORMATION, FED- lution; which was referred to the Com- still have work to do in ensuring the ERAL SERVICES, AND INTERNATIONAL SECU- mittee on the Judiciary: RITY health and benefits of our nuclear Mr. CASEY. Mr. President, I ask S. RES. 275 weapons workers. Whereas, since World War II, hundreds of unanimous consent that the Com- thousands of men and women, including ura- I urge my colleagues to support this mittee on Homeland Security and Gov- nium miners, millers, and haulers, have important resolution. ernmental Affairs’ Subcommittee on

VerDate Mar 15 2010 03:37 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A22SE6.047 S22SEPT1 jbell on DSK7SPTVN1PROD with SENATE S5920 CONGRESSIONAL RECORD — SENATE September 22, 2011 Federal Financial Management, Gov- The bill (H.R. 2883) was ordered to a PROGRAM ernment Information, Federal Serv- third reading, was read the third time Mr. REID. We await the House action ices, and International Security be au- and passed. on the continuing resolution. We will thorized to meet during the session of Mr. REID. I ask unanimous consent notify Senators when the votes are the Senate on September 22, 2011, at that the motion to reconsider be laid scheduled. 1:30 p.m., to conduct a hearing entitled, on the table with no intervening action ‘‘Improving Educational Outcomes for or debate and any statements be print- our Military and Veterans.’’ ed in the RECORD as if read. f The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. ADJOURNMENT UNTIL 9 A.M. SUBCOMMITTEE ON SECURITY AND f TOMORROW INTERNATIONAL TRADE AND FINANCE Mr. REID. If there is no further busi- Mr. CASEY. Mr. President, I ask MEASURE READ THE FIRST ness to come before the Senate, I ask unanimous consent that the Com- TIME—S. 1619 unanimous consent that it adjourn mittee on Banking, Housing, and Mr. REID. Madam President, I under- under the previous order. Urban Affairs, Subcommittee on Secu- stand that S. 1619 is at the desk and rity and International Trade and Fi- due for its first reading. There being no objection, the Senate, nance be authorized to meet during the The PRESIDING OFFICER. The at 8:23 p.m., adjourned until Friday, session of the Senate on September 22, clerk will read the bill by title for the September 23, 2011, at 9 a.m. 2011, at 2:30 p.m., to conduct a hearing first time. entitled, ‘‘The European Debt and Fi- The legislative clerk read as follows: f nancial Crisis: Origins, Options and Im- A bill (S. 1619) to provide for identification plications for the U.S. and Global of misaligned currency, require action to NOMINATIONS correct the misalignment, and for other pur- Economy.’’ poses. The PRESIDING OFFICER. Without Executive nominations received by objection, it is so ordered. Mr. REID. I now ask for its second the Senate: reading and object to my own request. THE JUDICIARY f The PRESIDING OFFICER. Objec- JACQUELINE H. NGUYEN, OF CALIFORNIA, TO BE CHILD AND FAMILY SERVICES IM- tion having been heard, the bill will re- UNITED STATES CIRCUIT JUDGE FOR THE NINTH CIR- PROVEMENT AND INNOVATION ceive its second reading on the next CUIT, VICE A NEW POSITION CREATED BY PUBLIC LAW 110–177, APPROVED JANUARY 7, 2008. ACT legislative day. BRIAN C. WIMES, OF MISSOURI, TO BE UNITED STATES f DISTRICT JUDGE FOR THE EASTERN AND WESTERN DIS- Mr. REID. Madam President, I ask TRICTS OF MISSOURI, VICE NANETTE K. LAUGHREY, RE- unanimous consent that we now pro- ORDERS FOR FRIDAY, SEPTEMBER TIRED. ceed to H.R. 2883. 23, 2011 DEPARTMENT OF JUSTICE The PRESIDING OFFICER. The Mr. REID. Madam President, I now MICHAEL A. HUGHES, OF THE DISTRICT OF COLUMBIA, clerk will report the bill by title. TO BE UNITED STATES MARSHAL FOR THE SUPERIOR The legislative clerk read as follows: ask unanimous consent that when the COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM Senate completes its business today, it OF FOUR YEARS, VICE STEPHEN THOMAS CONBOY, RE- A bill (H.R. 2883) to amend part B of title SIGNED. IV of the Social Security Act to extend the adjourn until 9 a.m., on Friday, Sep- child and family services program through tember 23; that following the prayer IN THE ARMY fiscal year 2016, and for other purposes. and pledge, the Journal of proceedings THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED There being no objection, the Senate be approved to date, the morning hour WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND proceeded to consider the bill. be deemed expired, and the time for the RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Mr. REID. Madam President, I do not two leaders be reserved for their use To be lieutenant general think there is any further debate on later in the day; following any leader MAJ. GEN. PETER M. VANGJEL this measure. remarks, the Senate be in a period of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Is there morning business with Senators per- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- further debate? If not, the bill is read a mitted to speak up to 10 minutes each. CATED UNDER TITLE 10, U.S.C., SECTION 12203: third time and the question is on pas- The PRESIDING OFFICER. Without To be major general sage of the bill. objection, it is so ordered. BRIG. GEN. GILL P. BECK

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IN HONOR OF THE 50TH A TRIBUTE TO PRINCIPAL STEVE owner, Frank Owens, is the town’s namesake. ANNIVERSARY OF PEACE CORPS KWIKKEL According to legend, businessman Frank Owens and blacksmith Edward Luster were HON. TOM LATHAM both vying to be the town’s namesake and HON. SAM FARR OF IOWA held a horseshoe pitching contest to deter- mine who would win. Owens won, and OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Owensville residents believe their city is the IN THE HOUSE OF REPRESENTATIVES Thursday, September 22, 2011 only place named as a result of a horseshoe Mr. LATHAM. Mr. Speaker, I rise today to pitching contest. Owensville was incorporated Thursday, September 22, 2011 recognize Iowa’s excellence in education, and as a fourth-class city on May 27, 1911. Mr. FARR. Mr. Speaker, I rise to honor the to specifically congratulate Waverly-Shell Rock Over the past century, industries such as a corn cob pipe factory, a tomato cannery, shoe 50th Anniversary of Peace Corps. Fifty years Junior High School Principal Steve Kwikkel of Waverly, Iowa for being named Iowa Middle factories and clay mining supported the town. ago today, Congress passed legislation au- School Principal of the year by the School Ad- Today, the RR Donnelly printing company and thorizing Peace Corps, and giving it the man- ministrators of Iowa. Emhart Glass Manufacturing are located there. date to ‘‘promote world peace and friendship.’’ Mr. Kwikkel’s career began as a sixth grade Owensville is a thriving town and a proud Since then, over 200,000 Americans—includ- classroom teacher in rural Iowa in 1986. In community of more than 2,500 residents. ing myself—have served our great country in 1994 Steve earned his master’s degree in In closing, I ask all my colleagues to join me the name of peace and friendship. secondary school administration from the Uni- in wishing the residents of the City of Owensville congratulations on their centennial I am so proud of the 18 Volunteers currently versity of Northern Iowa. Steve has made a anniversary. serving from my district. Among them are Tim name for himself serving as an administrator for four schools, most recently joining the f and Chelsea Tibbs, a husband and wife from team at Waverly-Shell Rock Junior High Santa Cruz who are serving in Guyana. Chel- IN RECOGNITION OF THE 10TH AN- School in 2002. NIVERSARY OF THE DISASTER sea created a Youth Friendly Center at a local Since Steve became principal of Waverly- AT THE JIM WALTER RE- health clinic that has been highlighted by the Shell Rock, the school has enjoyed much ac- SOURCES #5 MINE Ministry of Health’s Adolescent Unit as one of claim from Steve’s commitment to improve- the best models for successful and targeted ments in school transformation, systems think- programs in the region. And Tim has been ing, school culture and student achievement. HON. GEORGE MILLER working with Guyana’s Regional Education Of- In addition to his achievements at Waverly- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES fice to develop and implement teacher training Shell Rock Junior High School, Mr. Kwikkel modules. But Tim and Chelsea are just a few has also served as the Executive Director for Thursday, September 22, 2011 examples of how the 8,655 current Peace the Iowa Association for Middle Level Edu- Mr. GEORGE MILLER of California. Mr. Corps Volunteers serving in nearly 80 coun- cation and currently leads the Cedar Valley Speaker, ten years ago, on September 23, tries around the world are changing lives and Middle School principal’s cadre. 2001, 13 brave miners lost their lives in two Mr. Speaker, I consider it a great honor to creating hope. mine explosions in the depths of the Jim Wal- represent a state with such a proud academic ter Resources, JWR, #5 Mine, which is lo- But Peace Corps also has a strong pres- tradition. Principal Kwikkel, the teachers, stu- cated approximately two miles from ence right here in the United States. In 1987, dents, and parents of Waverly-Shell Rock Brookwood, Alabama. Peace Corps established the Peace Corps should be very proud of what they have ac- This mine is located in the deepest and Masters International program, an innovative complished. Their future is certainly bright and most gas laden coal mine seam in the United opportunity that enables students to combine I wish Mr. Kwikkel and all of Waverly-Shell States, some 2,100 feet below ground. The a graduate education with Peace Corps serv- Rock Junior High School continued academic miners are represented by the United Mine ice. In my district, the Monterey Institute for excellence as they continue to have a positive Worker of America, who conducted a thorough International Studies (MIIS) has 76 PCMI stu- impact on the future leaders of our state and investigation and report on this tragedy. country. Four miners were building wooden cribs to dents, making it the fourth largest PCMI pro- fix a badly supported mine roof, when the roof gram in the country! That’s an incredible 10% f collapsed nearby. Shortly thereafter, there was of the MIIS student body that has dedicated RECOGNIZING THE CITY OF an explosion that injured these four miners. their brains and their hearts to realizing Amer- OWENSVILLE ON ITS CENTEN- The roof fall occurred on top of a large six-ton, ica’s commitment to peace. NIAL ANNIVERSARY 64-volt scoop battery that was suspended In honor of Peace Corps’ 50th Anniversary, HON. from the mine roof in a track entry. The bat- MIIS is hosting Monterey Institute and the OF MISSOURI tery was connected to a battery charger, ac- Peace Corps: Celebrating 50 Years of Global IN THE HOUSE OF REPRESENTATIVES cording to reports. The first explosion was like- ly caused by the scoop battery, which was Engagement on October 8th. I am honored to Thursday, September 22, 2011 be a part of this inspiring day of panel discus- damaged and short circuited, igniting methane Mr. LUETKEMEYER. Mr. Speaker, I rise that had become trapped due to the lack of sion and movie showings that honor Peace today to recognize the City of Owensville, lo- adequate ventilation caused by the roof fall. Corps’ legacy of service at MIIS. cated in Gasconade County in Missouri, as A chaotic emergency response followed and This is just one of many celebrations around the community recently celebrated its centen- miners tried to assist those who were injured. the country and around the world in honor of nial anniversary. About 55 minutes after the first explosion, a Peace Corps’ first 50 years of service. For a What is now the City of Owensville began larger and more violent explosion rocked complete list of events, please visit http:// as an early trail called the Potosi to Boonslick throughout the mine, and 13 miners were events.peacecorps50.org/. Trail. Spurs from this main trail went to the killed—12 rescuers and one miner who had current city, creating a crossroads that later been hurt and unable to move after the initial I urge my colleagues to honor the past and became the St. Louis to Springfield Road and explosion. The second explosion was, accord- present Peace Corps Volunteers in their dis- the St. James to Hermann Road, called the ing to reports, fueled by methane and float tricts, and I hope you will join me in cele- ‘‘Iron Road.’’ coal dust. This explosion took the lives of brating America’s 50-year legacy of service in The city was originally laid out in 1886 by Gaston Adams, Jr., Raymond Ashworth, Nel- the name of peace. the Owensville Improvement Company, whose son Banks, David Blevins, Clarence ‘‘Bit’’

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

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.001 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1684 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2011 Boyd, Wendell Johnson, John Knox, Dennis guardians, these veterans have travelled to Dr. Rothschild has dedicated himself to pub- Mobley, Charles Nail, Joe Riggs, Charles Washington, DC to visit the monument that lic service by working in various government Smith, Joe Sorah and Terry Stewart. was built in their honor. roles that have dealt with both fishery man- Rescue and recovery was difficult, since the For many of these veterans, today will be agement and oceanography. I submit the fol- ventilation controls were destroyed. It took the first time they have seen the National lowing article into the record, which describes seven weeks—until early November—until World War II Memorial. I am deeply honored how Dr. Rothschild was recently honored by teams could recover 12 of the victims. It took to have been invited to join them when they his peers for his important contributions to eight months to rehabilitate the mine so it was see their memorial for the first time and to fishery science. I congratulate him, and thank safe enough to resume operations. have the opportunity to personally thank these him for his commitment to our community. At the time of this mine disaster, the Na- heroes. [From SouthCoastToday.com, Sept. 20, 2011] tion’s attention was focused the events of 9/ I am proud to have a piece of marble from SMAST PROFESSOR HONORED FOR FISHERIES 11, which had occurred only two weeks ear- the quarry that supplied the marble that built WORK lier. As such, no mining law changes followed. the World War II Memorial in my office. Like (By Don Cuddy) Five years after the JWR #5 disaster, a se- the memorial that it built, that piece of marble Dr. Brian Rothschild, a distinguished pro- ries of tragedies at Sago, Aracoma Alma and reminds me of the sacrifices of a generation of fessor at UMass Dartmouth’s School for Ma- Darby spurred enactment of the MINER Act. Americans. When our country was threatened, rine Science and Technology, has again been The law largely focused on improvements to they rose to defend not just our nation but the honored by his peers in the scientific com- post-accident emergency response, and man- freedoms, democracy, and values that make munity. Rothschild traveled to Seattle earlier this dates for operators to provide tracking, com- our country the greatest nation on earth. They month as this year’s recipient of the Oscar munications and shelters. Had Congress acted did so as one people and one country. Their Elton Sette Award, presented annually by in a timely way after the JWR #5 disaster, it sacrifices and determination in the face of the American Fisheries Society to an indi- is likely that other miners’ lives could have great threats to our way of life are both hum- vidual who has made ‘‘sustained and impor- been saved. bling and inspiring. tant contributions to marine fishery biol- Important mine law changes have yet to be The sheer magnitude of what the Greatest ogy.’’ mandated by Congress from the JWR #5 dis- Generation accomplished, not just in war but Oscar Elton Sette was a pioneer in the de- velopment of fisheries oceanography and is aster that should be acted upon. in the peace that followed, continues to inspire regarded by many fisheries scientists as the For example, the National Institute for Occu- us today. They did not seek to be tested both father of modern fisheries oceanography in pational Safety and Health has developed coal abroad by a war that fundamentally chal- the United States. A National Oceanographic dust explosivity meters, which can give miners lenged our way of life and at home by the and Atmospheric Administration research real time information on the presence of explo- Great Depression and the rebuilding of our vessel based in Hawaii is named for him. sive coal dust—a substance ten times as ex- economy that followed. But, when called upon Rothschild was a friend and colleague of plosive as methane—and can signal whether to do so, they defended and then rebuilt our Sette in Honolulu and while Sette was at Stanford University, and the pair co-au- additional rock dust is needed to prevent mine nation to make it even stronger. Their patriot- thored a report on skipjack tuna in 1996. explosions. The Robert C. Byrd Miner Safety ism, service, and great sacrifice not only de- The American Fisheries Society describes and Health Act, which was introduced in 2010 fined their generation—they stand as a testa- itself as ‘‘the world’s oldest and largest orga- but was not enacted, mandates that mine op- ment to the fortitude of our nation. nization dedicated to strengthening the fish- erators use coal dust explosivity meters as a I am tremendously proud to welcome the eries profession, advancing fisheries science way to assure more timely compliance with Quad City Honor Flight and Iowa’s veterans of and conserving fisheries resources.’’ Its first president was elected in 1870. rock dusting requirements. the Second World War to our nation’s capital Rothschild has been working in fisheries Independent investigations of major mine today. On behalf of every Iowan I represent, I for close to 60 years. As director of policy at tragedies are needed to assure there is no thank them for their service to our country. NOAA, he oversaw the successful implemen- conflict of interest involving questions about f tation of the Magnuson-Stevens Fishery the adequacy of mine safety oversight and the Conservation and Management Act of 1976. performance of state and federal regulators. SMAST PROFESSOR HONORED FOR In 1986, Harvard University Press published The Byrd bill contained a requirement for inde- FISHERIES WORK his book ‘‘Dynamics of Marine Fish Popu- pendent investigations. lations.’’ This was the first book to com- prehensively address the abundance of fish Battery chargers, which ventilate explosive HON. BARNEY FRANK populations in historical, life-history and gases such as hydrogen, need to be directly OF MASSACHUSETTS modeling contexts, according to professor vented to the returns in mines so that they IN THE HOUSE OF REPRESENTATIVES Changsheng Chen, one of his colleagues at cannot ignite fires. Roof control plans need to Thursday, September 22, 2011 SMAST who put forward the nomination. assure that areas around battery chargers Among the major accomplishments cred- have robust roof support. Mr. FRANK of Massachusetts. Mr. Speaker, ited to Rothschild is his work on the scallop As the senior Democratic Member on the I rise today to commemorate the latest award fishery. ‘‘His innovative sampling strategy, along with Kevin Stokesbury, for ocean scal- Committee on Education and the Workforce, I recognizing the distinguished career of Dr. Brian Rothschild of the University of Massa- lops allowed new assessments to be made, al- strongly urge Congress to follow up on the lowing the opening of scallop beds and pre- lessons from the JWR #5 mine disaster, as chusetts Dartmouth School for Marine Science venting the collapse of the most valuable well as the Upper Big Branch Mine disaster, and Technology. fishery in the U.S.,’’ Cheng wrote in the which took the lives of 29 miners on April 5, Dr. Brian Rothschild was recently presented nomination letter. 2010. Miners’ blood should not be spilled in the prestigious Oscar Elton Sette Award for The citation on the award reads: ‘‘For sus- vain. Continued inaction by Congress on mat- ‘‘sustained excellence in marine fishery biol- tained excellence in marine fishery biology through research, teaching, administration ters of the health and safety our Nation’s min- ogy’’ by the American Fisheries Society. For many years, it has been my privilege to work or a combination of all three.’’ ers is simply inexcusable. Rothschild, who left for a global fishery f closely with Dr. Rothschild on numerous conference in Gdansk, Poland, on Friday, issues involving the fishing industry as well as said he felt honored to receive the award. HONORING THE WORLD WAR II marine science, maritime safety, and ocean ‘‘I would like to thank all of my col- VETERANS PARTICIPATING IN studies. This has included discussions on leagues,’’ he said. ‘‘It’s so great to be work- THE QUAD CITIES HONOR global warming and renewable energy possi- ing in a field that is so important to so many FLIGHT bilities in the northeast as well as the develop- people.’’ ment of critical partnerships abroad such as f HON. DAVID LOEBSACK that which now exists between the University HONORING CLIFF EVERTS OF IOWA of the Azores and the University of Massachu- IN THE HOUSE OF REPRESENTATIVES setts Dartmouth where he is the Montgomery Charter Professor of Marine Science. He has HON. OF ALASKA Thursday, September 22, 2011 advised me and my staff on the critical issues IN THE HOUSE OF REPRESENTATIVES Mr. LOEBSACK. Mr. Speaker, today I have that face both fishermen and scientists as the great honor of welcoming to our nation’s these stewards of our oceans work to find that Thursday, September 22, 2011 capital 90 Iowa veterans of the Greatest Gen- critical balance between sustainable fishing Mr. YOUNG of Alaska. Mr. Speaker, over eration. Accompanied by over 70 volunteer and conservation of fish stocks. the course of many years, I have observed the

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.002 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS September 22, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1685 work ethics, tenacity, and love of Alaska by a tion services to combat social problems includ- plementing electronic portfolios for students to Pioneer of Alaska Aviation. Today, I stand in ing substance abuse, poverty and unemploy- facilitate exit interviews for graduating seniors recognition and honor Mr. Cliff Everts. ment. Center Point provides rehabilitation and and an improved method for calculating class Mr. Everts was an instructor for the prede- treatment services to interrupt abusive cycles rank. Mr. Barnhill has not been shy about cessor of Alaska Airlines, Alaska Star Airlines. of psychological, social and economic disloca- pushing students to challenge themselves In 1945 he joined the team of Wien Alaska fly- tion by providing critical training and support academically, and the result has been demon- ing Boeing 247s and Lockheed Lodestars so that individuals can claim self-worth and strably effective for both students and the hauling fuel from Barrow to Umiat and after 15 dignity through accountability and self-respon- school itself. years saw an opportunity to begin his first sibility. Mr. Speaker, I consider it a great honor to business experience. When Wien’s business Center Point’s leader, Dr. Taylor, first joined represent Norwalk High School Principal Dale plan dropped fuel delivery, he purchased one Center Point as its Executive Director in 1981. Barnhill, the teachers, students, school board of the C–46s and continued delivering fuel to Dr. Taylor has sought to create opportunities members and administrators of the Norwalk Alaska’s villages. Wien was lucky to keep Mr. and help individuals and families overcome Community School District in the United Everts as one of their team until 1980 when the barriers of drug and alcohol abuse, home- States Congress. I wish Mr. Barnhill and all of he retired after 35 years and 30,000 hours in lessness, criminal justice involvement, unem- Norwalk High School continued academic ex- a cockpit. ployment, poor health and mental health prob- cellence as they continue to have a positive Mr. Everts has flown at forty below tempera- lems to make a positive contribution to soci- impact on the future leaders of our state and tures, through dark days and nights, in snow, ety. Under Dr. Taylor’s leadership, Center country. sleet, and rain, to supply the needs of village Point has grown to develop and provide a f residents. He is a true Alaskan with a frontier wide array of services to those in need in Cali- spirit. fornia, Oklahoma, Texas, and Louisiana. CELEBRATING THE END OF DON’T One of the most interesting adventures of Oklahoma’s female incarceration rate ranks ASK, DON’T TELL Cliff was delivering 110 reindeer from Nome to number one in the Nation and in my district Colorado so that people in the ‘‘lower forty- Center Point is making a difference with the HON. JANICE D. SCHAKOWSKY eight’’ could experience a Santa Clause sleigh Tulsa Women’s Program. The burgeoning pro- OF ILLINOIS ride. Somewhere today there are decedents of gram helps women transition away from the IN THE HOUSE OF REPRESENTATIVES one of the escapees there in Colorado along criminal justice system and back into society. Thursday, September 22, 2011 with our Alaskan wolves! Center Point, the Tulsa Women’s Program Cliff also gave new meaning to ‘‘when pigs and the passionate leadership of Dr. Taylor Ms. SCHAKOWSKY. Mr. Speaker, I rise fly’’ when he delivered several dozen pigs in provide countless inspiring examples of how today to mark the end of the discriminatory a C–46 from Ohio to Big Delta for a farm treatment and rehabilitation can work to re- Don’t Ask, Don’t Tell policy, and to celebrate project. store dignity to an individual and help people that qualified men and women who have the As a committed Alaskan, he realized early take responsibility for their own lives. desire to serve their country can no longer be the opportunity in our State and the value of I am grateful for the contributions of Center denied simply because of sexual orientation. our resources, our people, and our commod- Point and Dr. Taylor as we commemorate Don’t Ask, Don’t Tell limited the ability of our ities. He purchased surplus equipment and re- their 40th anniversary and their positive and armed forces to recruit and retain talented sold or rented it. His renowned collection of lasting contributions to society. Americans. Hundreds of men and women with planes with historical nose art, which are still f critical abilities, including language skills, have flying today, is an example in recycling and been discharged under this policy. honorable use of assets, when others may A TRIBUTE TO PRINCIPAL DALE Meanwhile, many of our closest allies have have disregarded them for lack of value. BARNHILL demonstrated that allowing open service does Cliff has contributed to Alaska with the cre- not harm unit cohesion or military perform- ation of more than one successful company; HON. TOM LATHAM ance. the leadership today exemplifies his integrity, OF IOWA Most importantly, Don’t Ask, Don’t Tell insti- values, commitment to community and family, IN THE HOUSE OF REPRESENTATIVES tutionalized discrimination in our military. It was a policy that forced men and women to lie and love for our State and Country. Cliff and Thursday, September 22, 2011 his planes have provided fuel to villages and about their identity in order to serve their mines, while not only improving quality of life, Mr. LATHAM. Mr. Speaker, I rise today to country. but often saving life. Our State would be less recognize Iowa’s excellence in education, and As of this week, no one is prohibited from today without you and Pioneers like him. to specifically congratulate Norwalk High serving the country they love because of I rise today to congratulate Mr. Cliff Everts School Principal Dale Barnhill of Norwalk, whom they love. on this day as we place a plaque and memory Iowa, for being named Iowa High School Prin- f in perpetuity on the East Ramp of the Fair- cipal of the year by the School Administrators HONORING THE 50TH ANNIVER- banks International Airport. of Iowa. SARY OF THE BOYS & GIRLS f Dale Barnhill’s vision for becoming a teach- er began to take form after graduating from CLUBS OF LAS VEGAS THE 40TH ANNIVERSARY OF Twin Cedars High School in Bussey, Iowa. CENTER POINT Dale would then graduate from Iowa State HON. SHELLEY BERKLEY University with a bachelor’s degree in history OF NEVADA HON. JOHN SULLIVAN and then from Northeast Missouri State Uni- IN THE HOUSE OF REPRESENTATIVES versity with a master’s degree in guidance and OF OKLAHOMA Thursday, September 22, 2011 IN THE HOUSE OF REPRESENTATIVES counseling. After earning his administrative certification from Iowa State, Dale began his Ms. BERKLEY. Mr. Speaker, today I urge Thursday, September 22, 2011 career in Iowa as a teacher and a coach at my colleagues to join me in recognizing the Mr. SULLIVAN. Mr. Speaker, I rise today to Ringsted Community School. Dale would go 50th anniversary of the Boys & Girls Clubs of commemorate the 40th anniversary of Center on to attain his first administrative position in Las Vegas. Point and Dr. Sushma Taylor who serves as Winthrop, Iowa, and later serve as the Assist- The Boys & Girls Clubs of Las Vegas President and CEO. Center Point was founded ant Principal at Pella High School in Pella, opened their first club in 1961 in a casino in 1971 as a private, not-for-profit corporation Iowa. Mr. Barnhill’s entire career in education basement in North Las Vegas and today which offers rehabilitation and a spectrum of has been in Iowa and our state has benefited serves over 14,000 children in eight dedicated health and social services to high risk families, greatly from it. facilities throughout Clark County. men, women, women with dependent children Since Dale joined Norwalk Schools in 1998, Their mission is to enable all young people and youth. Since its founding, Center Point the high school has enjoyed more than a dec- to reach their full potential as productive, car- has served over 450,000 men, women, fami- ade of positive growth. Mr. Barnhill’s work with ing, responsible citizens. Several of the Clubs lies and veterans. improving the high school and its students has are placed to serve the neighborhoods, where Center Point’s mission is to provide com- directly led to the increased quality of Nor- children are most at-risk for educational and fi- prehensive social, educational, vocational, walk’s programs. Additionally, Dale took Nor- nancial failure, drug and alcohol abuse, gang medical, psychological, housing and rehabilita- walk High School into the 21st century by im- involvement, and teen pregnancy.

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.005 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1686 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2011 Many children come home to an empty church members who freely volunteered their conade County, so they sent a letter to the house while their parents are at work. It is im- time and talents in an outstanding example of County Court in Hermann. Within the year, the portant for those children to know that they community-wide cooperation. It was then that city received incorporation. Over the years, have a place to go where people care for the church was renamed Anchorage Baptist Rosebud’s population, infrastructure and eco- them. That is where the Boys & Girls Clubs of Temple. nomic activity have increased. Las Vegas fills a vital role. Pastor Prevo, always committed to the edu- Over the past century, industries such as Their programs engage young people in ac- cation of future generations, saw the oppor- antique and craft shops, restaurants, churches tivities with adults, peers, and family members tunity to found the Anchorage Christian and thoroughfare from Highway 50 have sup- that enable them to grow and flourish. Based Schools. Within just 5 years more classrooms ported the town. Today, Finale International on the interests and needs of the boys and and a gymnasium had to be built due to its Tool Inc. is the top employer in the commu- girls they serve, clubs offer diverse program massive popularity. Decades later the school nity. The proud community of Rosebud is activities in five areas: character and leader- and the Children’s Ministry Center consists of home to 378 residents. ship development, education and career de- 26 classrooms, a 300-seat gymnasium, library, In closing, I ask all my colleagues to join me velopment, the arts, sports, fitness and recre- music department, computer lab, and a chem- in wishing the residents of the city of Rosebud ation, and health and life skills. istry lab over a 350,000 square feet com- congratulations on their centennial anniver- A survey conducted on the Boys & Girls plex—all built from the community’s generous sary. Clubs determined that over half of the adults donations with no debt incurred. The Christian f that participated in Club events as children at- School now has over 750 students as well as tributed the Boys & Girls Clubs to saving their a Sunday school, a preschool and all-day child OUR UNCONSCIONABLE NATIONAL lives. Eighty percent said they learned right care. DEBT and wrong from a member of the Club staff. In the midst of running a school and a While many Club alumni have achieved dis- church the Pastor Prevo took the time to pur- HON. MIKE COFFMAN tinction in fields such as entertainment, busi- sue a Doctor of Divinity degree at Hyles An- OF COLORADO ness, politics, and sports, the average alum- derson College and the Liberty Baptist Theo- IN THE HOUSE OF REPRESENTATIVES nus is not famous. Most have achieved suc- logical in 1978 and 1993, respectively. He ex- Thursday, September 22, 2011 cess by getting an education, raising families, panded his community work to philanthropy by serving their country, pursuing careers, and serving on the Board of Samaritan’s Purse Mr. COFFMAN of Colorado. Mr. Speaker, supporting their communities. and on the Board of Liberty University in Vir- today our national debt is The Boys & Girls Clubs of Las Vegas uses ginia. $14,705,188,086,992.02. a lineup of tested and proven nationally recog- Today, through three radio stations, a con- On January 6, 2009, the start of the 111th nized programs that address today’s most temporary Christian music station, and a tele- Congress, the national debt was pressing youth issues, teaching young people vision station he can be seen and heard daily $10,638,425,746,293.80. the skills they need to succeed in life. by over half the population of Alaska. This means the national debt has increased Nearly a third of the Clubs’ members who On a personal note, Pastor Prevo has been by $4,066,762,340,698.22 since then. This participate in the homework assistance and tu- there for me during some tough times. The debt and its interest payments we are passing toring program are on their schools’ honor loss of my wife, Lu, was sudden and painful to our children and all future Americans. rolls. Most importantly, those children have a and Pastor Prevo helped by offering the use f safe place they can stay while their parents of the Anchorage Baptist Temple and its ability IN HONOR OF THE 50TH ANNIVER- are at work. to broadcast to a good portion of the State for SARY OF THE PEACE CORPS As the Representative for Nevada’s First her memorial service. In the two years since Congressional District, it gives me immense her passing I have come to rely on his spir- pride to recognize the 50th anniversary of the itual leadership and guidance. HON. DENNIS J. KUCINICH Boys & Girls Clubs of Las Vegas. As a result of his far-reaching state-wide OF OHIO f community work and success in reforming and IN THE HOUSE OF REPRESENTATIVES growing one of Alaska’s largest churches, and Thursday, September 22, 2011 HONORING DR. JERRY PREVO FOR his extensive outreach in Europe and the Mid- 40 YEARS OF SERVICE dle East, the Alaska Journal of Commerce has Mr. KUCINICH. Mr. Speaker, I rise today in listed him as one of the 25 most influential in- honor of the 50th anniversary of the Peace HON. DON YOUNG dividuals in Alaska. Corps, an organization of volunteers who are OF ALASKA Dr. Jerry Prevo has always worked hard dedicated to helping individuals build better IN THE HOUSE OF REPRESENTATIVES and been nothing but loyal to his community lives for themselves by living and working in developing countries. Thursday, September 22, 2011 and church and I commend him for his 40 years of service. Following President John F. Kennedy’s chal- Mr. YOUNG of Alaska. Mr. Speaker, I rise lenge to 5,000 students at the University of f today to honor Dr. Jerry Prevo and the 40 Michigan to dedicate two years of their lives to years of service he has given to the Anchor- RECOGNIZING THE CITY OF ROSE- help people in developing countries, the age Baptist Temple community in Alaska BUD ON ITS CENTENNIAL ANNI- Peace Corps was officially established on where he is the pastor of one of the State’s VERSARY March 1, 1961. Young people throughout the largest and most active churches. Sporting an country were inspired, and by June 22, 1961, auditorium able to seat over 2,000 people and HON. BLAINE LUETKEMEYER Peace Corps Director Sargent Shriver had re- a regular congregation of 2,200 it is difficult to OF MISSOURI ceived 11,000 applications. On August 30, imagine the church’s very humble origins. IN THE HOUSE OF REPRESENTATIVES 1961, the first group of Peace Corps volun- The church was founded as the Bible Bap- teers arrived to serve as teachers in Ghana. tist Church in 1956 by Missionary Don White Thursday, September 22, 2011 By December of 1961, more than 500 volun- who oversaw a congregation of 300 people Mr. LUETKEMEYER. Mr. Speaker, I rise teers were working in nine countries around until, in 1971, a young graduate of the Baptist today to recognize the city of Rosebud, lo- the world. Bible College in Springfield, Missouri, was cated in Gasconade County in Missouri, as Today, 50 years after the Peace Corps called. In just a few short years under his the community will be celebrating its centen- began; there are more than 8,600 active vol- careful and dutiful stewardship, Pastor Prevo nial anniversary. unteers and trainees working in 76 different saw attendance increase rapidly, until there What is now the city of Rosebud was orga- countries. The mission of the Peace Corps was just no more room. nized in 1911, receiving its name from the wild that was adopted in 1961 still remains the or- He needed to do something about it. In rose bushes that reside in the community. By ganization’s mission today. ‘‘Helping the peo- 1973 he proposed to move the church to their 1911, Rosebud had expanded to considerable ple of interested countries in meeting their present location on Northern Lights Boule- size because of the Rock Island Railroad, need for trained men and women. Helping vard—a magnificent 20-acre estate. The com- farming, clay mining, selling wood to kilns in promote a better understanding of Americans munity needed a church, the church needed St. Louis and many other industrious endeav- on the part of the peoples served. Helping the community. Answering the call, the new ors of the time. A number of citizens wished promote a better understanding of other peo- building was built, largely, by hundreds of to have their village incorporated in Gas- ples on the part of Americans.’’

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.008 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS September 22, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1687 Throughout its history, the Peace Corps has to establish their new congregation. And recipient of the Jan Hollmann Environmental continued to adapt to the needs of developing through his guidance and support of those Education Award, for her service as an educa- countries. Volunteers work in areas such as families, the congregation of Shir Shalom has tor and advocate for environmental preserva- education, business development, environ- prospered and grown to over nine hundred tion. mental preservation, youth development, agri- families. Along the path of the Temple’s his- The Jan Hollmann Environmental Education culture and HIV/AIDS relief. Returned Peace tory there have been many obstacles, includ- Award was established in 1994 to recognize Corps volunteers return to the U.S. with in- ing the need to construct a permanent home an individual or organization which dem- comparable experience and have gone on to for the congregation, which was first housed in onstrates outstanding effectiveness as an en- become directors of the Peace Corps, Mem- a converted office building, but with Rabbi vironmental educator. This year, Suzanne bers of Congress, presidents of universities Schwartz’s unyielding efforts, the congregation Etgen has been recognized for her work as and CEOs in the business world. of Shir Shalom overcame those challenges. the coordinator of the Anne Arundel County Mr. Speaker and colleagues, please join me Mr. Speaker, the congregation of Temple Watershed Stewards Academy. At the Acad- in honor of the more than 200,000 volunteers Shir Shalom and the Jewish community of emy, Ms. Etgen teaches members of the com- who have dedicated themselves to promoting Michigan are blessed to have benefitted from munity how to preserve and protect water- world peace and friendship throughout 139 the wisdom, knowledge, and service of Rabbi sheds by minimizing the damage caused by countries over the past 50 years. Dannel Schwartz over the last forty years and water runoff in the area. Addressing issues f I know his retirement will affect generations of such as rainscaping, pollution reduction strate- worshippers. I wish Rabbi Schwartz well in his gies, and community outreach and engage- ON THE OCCASION OF CELE- retirement and I know his commitment to serv- ment, Ms. Etgen has worked tirelessly to im- BRATING RABBI DANNEL ice will continue through his volunteer work prove the health of the Chesapeake Bay wa- SCHWARTZ’S FORTIETH ANNI- and the Rabbi Dannel Schwartz Legacy Foun- tershed and its inhabitants. VERSARY IN THE RABBINATE dation. Getting citizens involved in protecting the AND HIS RETIREMENT AS SEN- f rivers and streams that make up the Chesa- IOR RABBI OF TEMPLE SHIR peake watershed is the key to the future SHALOM RECOGNIZING THE LINN STATE health of the Bay. That is why I introduced the TECHNICAL COLLEGE No Child Left Inside Act, which seeks to better HON. GARY C. PETERS incorporate environmental education in the OF MICHIGAN HON. BLAINE LUETKEMEYER curriculum as a means to teach students IN THE HOUSE OF REPRESENTATIVES OF MISSOURI about their natural surroundings and spark Thursday, September 22, 2011 IN THE HOUSE OF REPRESENTATIVES their interest in science. It is critical that the next generation be armed with the knowledge Thursday, September 22, 2011 Mr. PETERS. Mr. Speaker, I rise today to that Ms. Etgen has dedicated her life to shar- honor Rabbi Dannel Schwartz of Temple Shir Mr. LUETKEMEYER. Mr. Speaker, I rise ing. Throughout her years of work as an envi- Shalom in West Bloomfield, Michigan, on the today to recognize the Linn State Technical ronmental advocate, Suzanne Etgen has occasion of his retirement after forty years in College, located in Osage County in Missouri, played a pivotal role in ensuring that our nat- the rabbinate and a lifetime of service to the for its exceptional performance in training ural environment remains as majestic as ever. Jewish community in Michigan and beyond. scholars of higher education. Mr. Speaker, I would like to once again con- Like many who heed to a call to serve their Linn State Technical College, LSTC, found- gratulate Suzanne Kilby Etgen for her dedica- community, Rabbi Schwartz’s leadership ed in 1961, is Missouri’s only two-year public tion to environmental awareness and protec- began early in his life when he served as technical college with a statewide mission. tion. President of the Bronx and Manhattan Federa- Originating as Linn Technical Junior College, f tion of Temple Youth. Rabbi Schwartz com- the college became a part of the public higher pleted his rabbinical training in 1972 and has education system in Missouri in 1996 as a re- HONORING FORMER served the Jewish community of Southeast sult of legislation by the 88th General Assem- CONGRESSWOMAN CARRIE MEEK Michigan as Senior Rabbi of Temple Beth El bly. of Bloomfield, Michigan, and for the last two Linn State Technical College is accredited HON. EDDIE BERNICE JOHNSON decades has served as Founding and Senior by The Higher Learning Commission and is a OF TEXAS Rabbi of Temple Shir Shalom. For the past member of the North Central Association. Thir- IN THE HOUSE OF REPRESENTATIVES two years, Rabbi Schwartz has also served as teen programs are accredited by the Associa- Thursday, September 22, 2011 CEO of The Corners, an institution that pro- tion of Technology, Management and Applied vides affordable space and resources to non- Engineering, ATMAE. In addition, 15 other Ms. EDDIE BERNICE JOHNSON of Texas. profit organizations. program-level professional accreditations and Mr. Speaker, I rise today to honor a former Rabbi Schwartz has not only taught the val- certifications have been obtained by programs Member of the Florida state and U.S. House ues of Judaism, but has also set an example at the college. of Representatives, Congresswoman Carrie for his congregation and the Greater Detroit Linn State Technical College monitors the Meek. Congresswoman Meek has also served community through his commitment to service. economic, industrial and technological needs in the Florida State Senate in what was a As a member of the Michigan Board of Rabbis of the state as new programs are proposed for small part of a diverse history of public serv- and its former president, Rabbi Schwartz de- development. In response to industry demand ice. voted considerable time and energy to pro- over the last decade, Linn State Technical With over 24 years of combined public serv- viding spiritual leadership beyond his own con- College has started 19 degree and certificate ice on both the state and national level, Con- gregation. Rabbi Schwartz also serves as programs. gresswoman Meek has a true understanding Chaplain at Beaumont Hospital in Royal Oak, In closing, I ask all my colleagues to join me of what it takes to enrich the lives of others. Michigan, and through his work there has of- in wishing the faculty, staff and students of Her service, as a teacher before winning her fered patients and their families important Linn State Technical congratulations in their seat in the Florida State House is yet another emotional and spiritual support in times of dif- pursuit of higher education. testament to her public contributions. ficulty. And as a believer in lifelong learning, f Congresswoman Meek had all throughout Rabbi Schwartz has continued his education her career a reputation for being a strong leg- both formally by obtaining a doctoral degree RECOGNIZING SUZANNE KILBY islator. She was the first African American from the Jewish Institute of Religion and infor- ETGEN FOR HER SERVICE AS AN woman elected to the Florida Senate and the mally through his experiences with his con- ENVIRONMENTAL EDUCATOR first African American to serve there since Re- gregation, family, and friends. construction. In the Florida State Legislature, On many occasions Rabbi Schwartz has HON. JOHN P. SARBANES she staunchly promoted literacy and cham- demonstrated his ability as a leader in Michi- OF MARYLAND pioned minority business enterprise laws. gan’s Jewish community, but one occasion IN THE HOUSE OF REPRESENTATIVES Her career in the U.S. House was no less serves as a seminal example of his leader- distinguished than it was on the state level. Al- ship: the founding of Temple Shir Shalom. It Thursday, September 22, 2011 most immediately, the Congresswoman estab- was Rabbi Schwartz who gathered together Mr. SARBANES. Mr. Speaker, I rise today lished herself as a champion of expanding with thirty families just over twenty years ago to congratulate Suzanne Kilby Etgen, the 2011 federal programs to create jobs and providing

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.004 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1688 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2011 initiatives for African American business own- Finally, I am proud that this bill has 4 es- taught by seven faculty members. Over the ers. In a battle that is still being fought today, teemed public servants as original co-spon- past 140 years, UA has expanded and in 2010 Congresswoman Meek passionately opposed sors: Congressmen CONNOLLY, WOLF, SAR- welcomed 4,796 freshman students, the larg- cuts to social welfare programs in the 90s to BANES and VAN HOLLEN. This bill is also sup- est incoming class in the school’s history. prevent the financial burden from being carried ported by the American Federation of Govern- Today, the University of Akron offers 300 un- on the backs of the middle class and the dis- ment Employees, the National Treasury Em- dergraduate and graduate programs to more advantaged. ployees Union, the National Active and Retired than 29,000 students. The Princeton Review Mr. Speaker, Congresswoman Meek has Federal Employees Association, the Federal listed UA among the ‘‘Best in the Midwest’’ in been an asset to this country and it is impor- Law Enforcement Officers Association, and its 2011 edition of Best Colleges: Region-by- tant that we recognize her lasting contributions Federal Managers Association. Region. to her district and our nation. It is always my f The University of Akron Lakewood Higher pleasure to honor an individual with such ex- Education Center will be housed in downtown emplary character and integrity such as my RECOGNIZING THE CITY OF LINN Lakewood’s Bailey Building on the corner of dear friend Congresswoman Carrie Meek. ON ITS CENTENNIAL ANNIVER- Warren Road and Detroit Avenue. The Lake- f SARY wood location will offer variety of classes for students enrolled in the College of Nursing, INTRODUCING THE FEDERAL EM- College of Education and College of Business. PLOYEES LEAVE TRANSFER ACT HON. BLAINE LUETKEMEYER Additionally, general education courses will be OF 2011 OF MISSOURI IN THE HOUSE OF REPRESENTATIVES offered to high school students who wish to pursue dual-enrollment. Thursday, September 22, 2011 HON. JAMES P. MORAN Mr. Speaker and colleagues, please join me OF VIRGINIA Mr. LUETKEMEYER. Mr. Speaker, I rise in recognition of the new University of Akron IN THE HOUSE OF REPRESENTATIVES today to recognize the city of Linn, located in Lakewood Higher Education Center. Thursday, September 22, 2011 Osage County in Missouri, as the community f recently celebrated its centennial anniversary. Mr. MORAN. Mr. Speaker, I rise today to in- PERSONAL EXPLANATION troduce the Federal Employees Leave Trans- In what is now the city of Linn settled a di- fer Act of 2011. Put simply, this bill will permit verse group of people with different nationali- federal employees to transfer unused sick ties and backgrounds. They settled in the re- HON. DONALD M. PAYNE leave, without compensation, to agency sick gion that is currently Osage County, calling OF NEW JERSEY leave banks. the settlement Linnville but then later renamed IN THE HOUSE OF REPRESENTATIVES I offer this bill during a time when federal the town more simply Linn, after the U.S. Sen- Thursday, September 22, 2011 ator Lewis F. Linn. It was in 1842 that Linn employee benefits and service are under at- Mr. PAYNE. Mr. Speaker, due to unfore- was designated the County Seat for Osage tack. Unlike some voices, I believe that public seen circumstances I was absent on Sep- County. service as a worthwhile endeavor, and that the tember 21, 2011 for the vote on H.R. 2608, Here is the home of Linn State Technical civil service is a talented workforce that needs The Continuing Appropriations Act of 2012. College. The college was started with some of to be carefully managed and developed. However, had I been present I would have the foresight that is indicative of this region, Though this bill is a small change to existing voted no for H.R. 2608. law, it is an important one because it reas- recognizing the need for training a talented sures federal employees that if they became workforce. This vision has grown with the f catastrophically ill, or require extended leave community for the last fifty years, putting tech- RECOGNIZING THE CITY OF HER- due to the illness of a loved one, other federal nical education as an integral part of the com- MANN ON ITS 175TH ANNIVER- employees can come to their assistance munity. SARY through the donation of their excess sick Over the past century, a multitude of trades leave. and occupations supported the town. Today, HON. BLAINE LUETKEMEYER Linn is known for its diverse population, collec- This bill is expected to be nearly cost-neu- OF MISSOURI tion of many religious ideologies and excep- tral. The bill states that federal employees IN THE HOUSE OF REPRESENTATIVES cannot be compensated for transferring their tional school system. Linn is a thriving town sick leave to a sick leave bank. That provision and a proud community, thankful for those that Thursday, September 22, 2011 is expected to nearly eliminate the cost of the have paved the way to the present and laid Mr. LUETKEMEYER. Mr. Speaker, I rise bill, with the small exception of program ad- the foundation for our tomorrow. today to recognize the city of Hermann, lo- ministration. In closing, I ask all my colleagues to join me cated in Gasconade County in Missouri, as Mr. Chairman, as you know, until 2014, in wishing the residents of the city of Linn con- the community recently celebrated its 175th Federal Employee Retirement System (FERS) gratulations on their centennial anniversary. anniversary. employees will be allowed to use one-half of f What is now the city of Hermann began as their accumulated sick leave for annuity pur- a small colony of the German Settlement Soci- poses. This bill will allow federal employees to IN RECOGNITION OF THE DEDICA- ety of Philadelphia, Pennsylvania, in 1836. donate their excess leave to a sick bank, rath- TION OF THE UNIVERSITY OF Hermann has remained the county seat of er than suffering from the ‘‘FERS flu.’’ This bill AKRON LAKEWOOD HIGHER EDU- Gasconade County since 1842. could even increase productivity by preventing CATION CENTER The city was originally laid out by the Ger- the abuse of sick leave. man Settlement Society of Philadelphia, Penn- Sick leave donation programs and banks HON. DENNIS J. KUCINICH sylvania, with the intent of preserving the Ger- are abundant in state and local government, at OF OHIO man language and culture. In 1847 what is public and private universities, and in the pri- IN THE HOUSE OF REPRESENTATIVES known today as Stone Hill Wine Company vate sector. Therefore this bill will not grant was formed. Today the winery hits an annual Thursday, September 22, 2011 federal employees a benefit not enjoyed by wine output of 1,250,000 gallons. Hermann the private sector. Mr. KUCINICH. Mr. Speaker, I rise today in became the ‘‘Wine City of Missouri,’’ and For those who believe this bill may con- recognition of the dedication of The University today is still the center of Missouri’s wine in- tribute to abuse, it must be noted that a fed- of Akron Lakewood Higher Education Center. dustry. eral employee cannot draw from a leave bank The University of Akron Lakewood will give Over the past century, industries involved in unless he/she donates to the bank in the first students throughout Cuyahoga County an op- the cultivation of grapes, production of wine, place. That incentivizes participation. Second, portunity to benefit from the quality education shoemaking and tourism have supported the a federal employee cannot actually draw from that The University of Akron (UA) has been town. Hermann is a thriving town and a proud a leave bank until he/she has exhausted all of providing its students for more than one hun- community known for its many festivals and their own sick and annual leave. Therefore, dred years. also as ‘‘The Bed and Breakfast Capital of leave banks are shielded from abuse since Founded in 1870 by John R. Buchtel, the Missouri.’’ federal employees cannot take advantage of University of Akron was originally Buchtel Col- In closing, I ask all my colleagues to join me this benefit until they have significant skin in lege. When Butchel College first opened its in wishing the residents of the city of Hermann the game. doors in 1872, 46 collegiate students were congratulations on its 175th anniversary.

VerDate Mar 15 2010 06:46 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.015 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS September 22, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1689 HONORING THE SERVICE OF DR. HONORING FORMER REPRESENTA- ness to this issue, to promote the effective- JOSEPH R. FINK TIVE CARRIE P. MEEK ness of risk factor identification and interven- tion, and to work toward the implementation of HON. STENY H. HOYER the 36 strategies contained within the National HON. LYNN C. WOOLSEY OF MARYLAND Action Plan. It is estimated that nearly 12 percent of Ne- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES vadans are over the age of 65. Additionally, it Thursday, September 22, 2011 IN THE HOUSE OF REPRESENTATIVES is estimated that in the United States one-third Mr. HOYER. Mr. Speaker, I had the honor of all people over the age of 65 will fall each Thursday, September 22, 2011 and the privilege of serving in this house with year. Furthermore, over half of the seniors Carrie Meek for ten years. The granddaughter over the age of 80 will fall each year. This Ms. WOOLSEY. Mr. Speaker, I rise today to of a slave and a daughter of sharecroppers, honor Dr. Joseph R. Fink and recognize his would result in medical costs that would ex- Carrie has always held in her heart a deep ceed $27 billion annually. contribution to higher education and commu- and abiding concern for the rights and the wel- Falls are the leading cause of injury deaths nity involvement in Marin County, California. fare of others. She made public service a life’s among people over the age of 65 and the Dr. Fink is retiring as the President of Domini- calling, and her time as a member of this body leading cause of nonfatal injuries and hospital can University of California. was but one chapter in a lengthy career doing admissions for trauma. It has been my privilege to work closely with what she loves most: fighting for justice and Falling and the fear of falling, can lead to Dr. Fink for many years, during which time his the advancement of those who have some- depression, hopelessness, loss of mobility, friendship and assistance have been invalu- thing to contribute but are not given the and loss of functional independence. However, able. Under his leadership Dominican has es- chance. falls and injuries from falls are largely a pre- tablished itself as a successful university with When Carrie was determined to pursue a ventable community health problem. high ideals and a big vision. Establishing the graduate degree, the high obstacle of seg- As the Representative for Nevada’s First Green MBA Program and the Center for Sus- regation was the first of many she would over- Congressional District, it gives me immense tainability, Dominican University has emerged come. Her fourteen years of service in the pride to recognize the Nevada Goes Fall Free Florida legislature, in both the House and Sen- as an innovative school whose students are Coalition on the occasion of the Nevada Fall ate, helped make Floridians safer from crime, Prevention Day. working to develop creative solutions to some opened new opportunities to Florida’s students of the world’s toughest problems. f to achieve higher education, and provided af- Dr. Fink earned a doctorate in American fordable housing to those facing financial dif- 20TH ANNIVERSARY OF ARMENIAN History from Rutgers University and began his ficulty. Her historic election in 1992 as the first INDEPENDENCE career as an Associate Professor of History African American to represent a Florida district and Assistant to the President at a small lib- in Congress since Reconstruction began a HON. JOSEPH CROWLEY eral arts college. Before coming to Dominican decade of distinguished service here in Wash- OF NEW YORK University, he served as Dean of Arts and ington. IN THE HOUSE OF REPRESENTATIVES Sciences at the City Colleges of Chicago, In Congress, Carrie championed economic Thursday, September 22, 2011 president of a public college in New Jersey, development, housing, education, and access Mr. CROWLEY. Mr. Speaker, I rise today to and president of an independent liberal arts to affordable health care. Her relentless advo- commemorate the 20th anniversary of the full college in Pennsylvania. He is the recipient of cacy on behalf of her constituents in the after- declaration of Armenian independence on many awards and recognitions, including four math of Hurricane Andrew brought over $100 September 21st, and to acknowledge the nu- honorary doctorate degrees for his achieve- million in assistance to rebuild communities merous contributions of Armenian-Americans ments in higher education and community across Miami-Dade County and South Florida. to the history, society, and culture of the service. Since her retirement from Congress in 2003, United States. Carrie has continued her work at the helm of Starting at Dominican University in 1988, The legacy of the Armenian people is one of the Carrie Meek Foundation, a charitable ven- strength, resilience, and determination, and we during a period of transition, Dr. Fink restruc- ture committed to improving the lives of Ameri- tured the management of the university to pay tribute to those who struggled for and won cans by supporting programs in housing, edu- their independence twenty years ago today. move it from small college to university status. cation, health care, and community develop- The thorny path to freedom is difficult for so He worked with the Board of Trustees and the ment. many throughout the world, and I am proud to faculty to successfully assume control of aca- I am grateful to call Carrie my friend, and I stand alongside the Armenian people as they demic and fiscal affairs to put the university on join with my colleagues in celebrating her continue to consolidate the gains of independ- a whole new course. With his expertise in service to the people of Florida in Congress ence. Over the past two decades, Armenia management, the university’s enrollment al- and her continuing commitment to her fellow has moved toward a modern, dynamic econ- most quadrupled while the average SAT Americans across the country. omy, reduced poverty and inequality, and built scores rose by more than 180 points. A leader f a vibrant civil society. I personally experienced with considerable collaborative skills, he has the warmth and generosity of the Armenian been innovative in creating opportunities for HONORING THE NEVADA GOES FALL FREE COALITION people first-hand during my visit there. friends of the university to support its mission. Here in the United States, the contributions With increased fundraising, the annual oper- of Armenian-Americans are innumerable. Hun- ating budget rose dramatically allowing exten- HON. SHELLEY BERKLEY dreds of thousands of Armenian-Americans sive campus renovation, the building of a new OF NEVADA have contributed to the strength, prosperity recreation complex, new residence halls, and IN THE HOUSE OF REPRESENTATIVES and creativity of this country by leading the a state-of-the-art science research center. Thursday, September 22, 2011 way in diverse fields such as medicine, lit- In addition to being a very competent ad- Ms. BERKLEY. Mr. Speaker, today I urge erature, business, the arts, human rights, and ministrator, Dr. Fink is an outstanding member my colleagues to join me in recognizing the science. The contributions of the Armenian- of the community, serving on the boards of a Nevada Goes Fall Free Coalition on the occa- American community to the United States— variety of organizations, including the Council sion of the Nevada Fall Prevention Day. and in particularly to life in New York—cannot of Independent Colleges, the World Affairs The Nevada Goes Fall Free Coalition has be fully appreciated quantitatively. It can only Council of Northern California, the Marin Sym- fostered community partnerships across the be realized by those who walk the streets of phony, the American Land Conservancy, and aging and disabilities service network to pro- New York and interact with the Armenian- American community there and throughout the the Commonwealth Club of California. vide education and fall prevention programs to local residents. country. Mr. Speaker, Dr. Fink is a man of remark- Nevada Fall Prevention Day is sponsored All those of Armenian heritage throughout able talent and considerable commitment, he by the Nevada Goes Fall Free Coalition; a the world rightfully celebrate this national day will be missed in the community and at the community based task force supported by the with pride in their hearts and hope for the fu- university, but we honor him today and wish National Council on Aging. ture. It is my honor to send congratulations to him well in his next endeavor. Congratulations, The Coalition was formed to promote col- the people of Armenia, along with best wishes Joseph Fink. laboration among members, to bring aware- for a peaceful and prosperous year ahead.

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.020 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1690 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2011 IN RECOGNITION OF ships, staff development and numerous other HONORING PRINCIPAL MARTHA INTERNATIONAL DAY OF PEACE projects that, while not funded through tuition GUSTAFSON and public support, are vital to the develop- HON. DENNIS J. KUCINICH ment of CCM students. HON. CORY GARDNER OF OHIO Under the leadership of Dr. Yaw, who was OF COLORADO IN THE HOUSE OF REPRESENTATIVES awarded the Community College Spirit Award IN THE HOUSE OF REPRESENTATIVES in 2008 for his exemplary service to New Jer- Thursday, September 22, 2011 Thursday, September 22, 2011 sey’s community colleges, CCM continues to Mr. GARDNER. Mr. Speaker, I rise today to Mr. KUCINICH. Mr. Speaker, I rise today in modernize and expand the college’s facilities. honor Martha Gustafson, the Principal of Walt recognition of International Day of Peace. This In a burgeoning society that is ever intro- year represents the 30th anniversary of this Clark Middle School in Loveland, Colorado. ducing new technology, CCM ensures its stu- In 2011, Ms. Gustafson was given the Colo- global celebration and focus on international dents have access to the resources necessary rado Middle Level Principal of the Year award peace. to develop the skills vital to success in the by the Colorado Association of School Execu- In 1981, the United Nations (UN) General world beyond the classroom. tives. Assembly first established the International Since its founding, CCM has been a positive Just two years after being named Principal Day of Peace. It mandated that it be observed force in the lives of thousands of men and of Walt Clark, the school has improved signifi- annually on the third Tuesday of September, women who pass through its halls. Those it cantly, most notably with strong growth by stu- coinciding with the opening of the General As- has influenced over the years continue to dents in math. sembly. The resolution was introduced jointly serve as leaders and role models in commu- In the Thompson School District of Colo- by the United Kingdom and Costa Rica. The nities all over the world. Thanks to devoted rado, Walt Clark Middle is a leader in aca- first International Day of Peace, also known as faculty and staff, like Dr. Yaw, CCM continues demic growth for reading and writing. The tre- World Peace Day, was observed in 1982. In to flourish and provide education for those mendous leadership of Ms. Gustafson has 2001, a new resolution passed the UN Gen- seeking to further their knowledge and learn- provided the highest quality standards of eral Assembly, specifying September 21st as ing. learning. the annual day of non-violence and cease-fire. Mr. Speaker, I ask you and my colleagues Ms. Gustafson has utilized new and creative Today, September 21, 2011, marks the 30th to join me in honoring and recognizing the measures to motivate teachers. Walt Clark’s anniversary of International Peace Day. This achievements of the County College of Morris academic achievements prove that Ms. Gus- year’s theme is ‘‘Peace and Democracy: Make and those who devote themselves to its con- tafson’s plan is succeeding. Your Voice Heard.’’ The UN welcomes nations tinuing success as an institution of higher Each week, teachers analyze data regarding throughout the world ‘‘to honor a cessation of learning. student performance and discuss strategies on hostilities during the Day, and to otherwise how to improve. Ms. Gustafson’s direction is commemorate the Day through education and innovative and illustrates that Walt Clark is f public awareness on issues related to peace.’’ consistently striving to better their students UN Secretary General, Ban Ki-moon will also COMMEMORATING HUNGER ACTION and surrounding community. ring the Peace Bell today at the UN Head- MONTH AND HONORING ARLING- This dedication to public education is mov- quarters. The Peace Bell was donated by TON FOOD ASSISTANCE CENTER ing and I am privileged to have such an out- Japan in 1549 and is inscribed with the standing educator in my Congressional Dis- phrase, ‘‘Long live absolute world peace.’’ trict. Mr. Speaker and colleagues, please join me HON. JAMES P. MORAN Her commitment to public education gives as the global community comes together to OF VIRGINIA inspiration to all educators that want to make a difference in every student’s life. celebrate the UN’s International Day of Peace. IN THE HOUSE OF REPRESENTATIVES f I am proud to recognize Colorado Middle Thursday, September 22, 2011 Level Principal of the Year, Martha Gustafson HONORING THE COUNTY COLLEGE on the House Floor. OF MORRIS Mr. MORAN. Mr. Speaker, I rise today to commemorate Hunger Action Month and to f honor the Arlington Food Assistance Center, IN MEMORY OF RAYMOND C. HON. RODNEY P. FRELINGHUYSEN located in the Eighth Congressional District. SINGLETARY, JR. OF NEW JERSEY Hunger Action Month was established to IN THE HOUSE OF REPRESENTATIVES help inform individuals, communities, corpora- HON. SANFORD D. BISHOP, JR. Thursday, September 22, 2011 tions and policy makers that hunger is a se- OF GEORGIA Mr. FRELINGHUYSEN. Mr. Speaker, I rise vere domestic issue and deserves our critical IN THE HOUSE OF REPRESENTATIVES today to honor the County College of Morris, attention. The Arlington Food Assistance Cen- Thursday, September 22, 2011 ter’s sole mission is to feed the hungry. This located in Randolph, New Jersey, for its out- Mr. BISHOP of Georgia. Mr. Speaker, I rise standing record as an academic institution. important action allows their clients to make other necessary purchases, such as paying for today to pay tribute to a great American farm CCM has long been representative of aca- advocate, successful businessman and dedi- demic excellence in the State of New Jersey. rent and utilities, without having to sacrifice their health and nutritional needs. cated community leader from the State of Since the opening of its doors in 1968, the Georgia, Raymond C. Singletary, Jr. school has provided a diverse and enriching Despite the fact that Arlington County is one Mr. Singletary, a pillar in Georgia’s agricul- environment for both students and faculty of the wealthiest areas in the country, plenty tural community, recently passed away at the alike. With the understanding that their institu- of local residents do not have enough to eat. age of 99 at Pioneer Community Hospital of tion provides our future leaders with the The Arlington Food Assistance Center seeks Early in Blakely, Georgia. His funeral service knowledge, education and experience they will to remedy this problem by distributing fruit, was held at the First need to excel in their lives, the faculty and vegetables, meat, milk, eggs, bread and other on Saturday, September 17, 2011. staff of CCM have embraced the responsibility food items to those in Arlington who are in He was born March 26, 1912 to the late of creating a solid foundation from which our need. It currently distributes food to approxi- Raymond Cook Singletary, Sr. and Emma young people will grow. mately 1,350 clients each week, amounting to Quillian Singletary. He was preceded in death Much of the CCM’s success can be attrib- 2.1 million pounds of food provided directly to by his loving wife Margaret Sparks Singletary, uted to the exceptional leadership of Dr. Ed- Arlington families last year. About 65 percent his two sons Raymond Clifford Singletary and ward J. Yaw, who is celebrating his 25th Anni- of this food was donated from bakeries, super- Marvin Sparks Singletary, and a brother A.J. versary as President of CCM. In accordance markets, farmers’ markets, food drives, Singletary and a sister Alice S. Dunn. with its mission to provide dynamic, chal- schools, congregations, businesses and pri- A lifelong Georgian, Mr. Singletary attended lenging, high quality and accessible academic vate donors in the local community. Sewanee Military Academy and graduated programs, Dr. Yaw helped to establish the I would like to commend the staff and volun- from Emory University in 1932 where he was CCM Foundation in 1987, which aims to help teers of the Arlington Food Assistance Center a member of Sigma Alpha Epsilon fraternity. ease the burden of college. Since its incep- for their hard work providing food for Arling- Following his graduation from college, Mr. tion, the CCM Foundation has raised more ton’s needy families and raising awareness of Singletary embarked on a tenured and suc- than $7 million to support programs, scholar- hunger in our communities. cessfully dynamic professional career in the

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.006 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS September 22, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1691 fields of agriculture, banking and community needed now to examine the situation on the an impressive background in the South Asia service. He was a member of the Blakely Pea- ground and the overall U.S. mission. region. If you have not read his book, I high- nut Company and served as President from I envision the Af/Pak Study Group being ly recommend it to you. The Post review modeled after the Iraq Study Group (ISG). concludes: ‘‘This long overdue work. . .is the 1944 until 1978, and as Chairman of the Both you and your predecessor Bob Gates most authoritative account yet of Afghani- Board from 1944 to 1985. Additionally, he was served on the ISG and know better than stan’s wars over the last 30 years and should a member of the National Peanut Council, and most the benefits it provided after three be essential reading for those wishing to served as the association’s Chairman in 1966. years of fighting in Iraq. Now that the U.S. forge a way forward without repeating the Along with his advocacy efforts on behalf of is in its 10th year in Afghanistan, I believe a mistakes of the past.’’ Georgia’s peanut farmers, Mr. Singletary was similar effort is necessary. After three years of the Iraq war, the for- the Supervisor of the Flint River Soil and Before he was appointed as ambassador to mation of the Iraq Study Group garnered the Afghanistan, Ryan Crocker supported cre- Water Conservation District from 1944 to support of Secretary Rumsfeld, Secretary ating an Af/Pak Study Group, along with Rice, and Joint Chiefs General Pace. Our 1971, and was Supervisor Emeritus from 1977 Ambassador Ronald Neumann and Jim Dob- military men land women have been putting to 2011. Moreover, he served as a member of bins from the RAND Corporation. American their lives on the line in Afghanistan every the Presidential Commission on World Hunger men and women are fighting and dying in Af- day for 10 years, seven years longer than from 1979 to 1980. ghanistan. If we are asking them to put their when the decision was made to create the Despite the demanding commitments asso- lives on the line daily, I believe we have an ISG to provide the independent assessment ciated with his occupational duties and agricul- obligation to provide an independent evalua- needed for U.S. policy in Iraq. I believe we tural advocacy initiatives, Mr. Singletary still tion of the U.S. mission. We owe our mili- owe it to our brave soldiers to focus now tary forces nothing less. with fresh eyes on the target in Afghanistan. found time to remain actively involved with I do not have the answers. But as you I have spoken with Ambassador Tomsen other community organizations. He was a know, there is a movement building in Con- about a framework for moving forward in Af- Mason, a Shriner, former Chairman of the gress in favor of pulling troops out of Af- ghanistan, and he would be happy to meet Board of the First United Methodist Church ghanistan. An amendment offered by Rep. with you and your team to discuss his and a distinguished member of the Blakely Jim McGovern earlier this year to the Na- breadth of experience there. I urge you to Rotary Club. In 2009, he received the Rotary tional Defense Authorization Act to accel- take him up on his offer. Club’s most prestigious award, the Four Ave- erate U.S. departure from Afghanistan was Best wishes. narrowly defeated 204–215. If six members nues of Service Award. Sincerely, had changed their vote, the amendment FRANK R. WOLF, He is survived by a daughter, Anne S. would have passed. I have talked to several Member of Congress. Hammack and her husband Albert of Dalton, members who voted against the McGovern Ga.; a daughter-in-law, Henrietta Singletary of amendment who are seriously concerned HOUSE OF REPRESENTATIVES, Albany, Ga.; a sister, Emily S. Garner of about the war in Afghanistan and could August 8, 2011. Milledgeville, Ga.; 5 grandchildren: James Al- change their vote if the situation on the Hon. LEON PANETTA, bert Hammack, III and wife Elizabeth of At- ground does not improve rapidly. Secretary of Defense, lanta, Ga; Margaret H. Long and husband I also believe it is critical that Afghani- The Pentagon, Washington, DC. stan be examined in tandem with the facts DEAR LEON: I want to draw your attention Jason of Atlanta, Ga; McArthur Singletary and on the ground in Pakistan. It is clear that in to the enclosed letter I received from retired Duncan Singletary, both of St. Simmons Is- order to be successful in Afghanistan, we Marine Corps General Charles Krulak regard- land, Fl. and Raymond Singletary of Atlanta, must have a clear understanding of how ing an Afghanistan/Pakistan (Af/Pak) Study Ga.; 2 great-grandchildren: James Albert Pakistan is influencing U.S. operations. Just Group. Hammack IV and Mary Moore Hammack of look at the recent news from the region. General Krulak makes an important point Atlanta, Ga. Hamid Karzai’s half-brother was murdered that we cannot be successful in Afghanistan I would like to ask my colleagues to join me and his funeral bombed, Karai advisor Jan if we do not address the ongoing tensions and in paying homage to Raymond C. Singletary, Mohammed Kahn was murdered, and mili- frequent hostilities between Pakistan and tants attacked and laid siege to the Inter- India. I again ask you to take the language Jr. He lived a full life and the people of south- continental Hotel in Kabul. The enclosed ar- in the FY 2012 Defense Appropriations bill west Georgia will always be indebted to him ticle printed recently in the Washington and use your authority to create the Af/Pak for his unyielding support of our state’s peanut Post states, ‘‘. . . optimism and energy van- Study Group. Every day we delay is another farmers and our agricultural community at- ished long ago, gradually replaced by cyni- missed opportunity to successfully address large. Our thoughts and prayers are with his cism and fear. The trappings of democracy U.S. policy in South Asia. family, friends and the Blakely, Georgia com- remained in place . . . but the politics of eth- Thank you for your time and I look for- munity at this time of great loss. nic dog fights, tribal feuds and personal pa- ward to meeting with you in the near future tronage continued to prevail.’’ to discuss this important issue. f The men and women serving in Afghani- Best wishes, CORRESPONDENCE WITH DEFENSE stan deserve to have fresh eyes look at this Sincerely, region as soon as possible. With House pas- FRANK R. WOLF, SECRETARY PANETTA ON THE sage of the A/Pak amendment, I ask that you Member of Congress. AFGHANISTAN/PAKISTAN STUDY use your authority as secretary and move GROUP quickly to create this study group. I have BIRMINGHAM-SOUTHERN COLLEGE, discussed my amendment with John Hamre Birmingham, AL, July 25, 2011. HON. FRANK R. WOLF at the Center for Strategic and International Hon. FRANK R. WOLF, Studies (CSIS) and he has offered to coordi- Cannon House Office Building, OF VIRGINIA nate the group with professionals with a Washington, DC. IN THE HOUSE OF REPRESENTATIVES wide range of expertise. DEAR CONGRESSMAN WOLF: Thank you so Thursday, September 22, 2011 I would appreciate the opportunity to meet much for your letter of July, 20, 2011 for- with you to discuss this important initiative warding me your letter to Secretary Pa- Mr. WOLF. Mr. Speaker, I submit my cor- and look forward to working with you to en- netta. You asked for my thoughts on the pro- respondence with the administration on my sure we are successful in Afghanistan and posed Af/Pak Study Group and here they are: call for an Afghanistan/Pakistan Study Group. Pakistan. I think you are spot on! It should be obvi- My letters to Defense Secretary Leon Panetta Best wishes. ous to everyone concerned that the time has Sincerely, come to do a professional evaluation of the of July 19, 2011; August 1, 2011; and August FRANK R. WOLF, current policy in the region. When I mention 8, 2011 follow: Member of Congress. ‘‘region’’, I believe it is important to include HOUSE OF REPRESENTATIVES, India. At the end of the day, Afghanistan, July 19, 2011. HOUSE OF REPRESENTATIVES, Pakistan and India are inextricably linked Hon. LEON PANETTA, August 2, 2011. . . . you cannot establish policies in a stove Secretary of Defense, Hon. LEON PANETTA, pipe manner. The Study Group will imme- The Pentagon, Washington, DC. Secretary of Defense, diately recognize that fact and accommodate DEAR LEON: I write today concerning the The Pentagon, Washington, DC. it. U.S. mission in Afghanistan and Pakistan. DEAR LEON: I want to follow up on my pre- It is important to understand that conflict My amendment, which gives the Secretary of vious letter regarding Afghanistan policy occurs at three levels . . . Strategic, Oper- Defense the authority to establish an Af- and bring to your attention a book I am ational, and Tactical. Too often we look at ghanistan/Pakistan (Af/Pak) Study Group, reading, The Wars in Afghanistan, discussed the tactical level . . . see the heroism and was included in the House-passed FY 2012 De- in the enclosed Washington Post book re- accomplishments of our servicemen and fense Appropriations bill. I pressed for the view. Its author, Ambassador Peter Tomsen, women . . . and make conclusions re. the amendment because I believe fresh eyes are is a veteran of the Foreign Service and has conduct of the war. Unfortunately, that is

VerDate Mar 15 2010 06:46 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.027 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1692 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2011 NOT the way to look at this current conflict. were the distraction that would get our fel- Vandegrift is an example of the possible. Like Vietnam, we can do a solid job at the low Marines killed. Given the number of gay With the formal repeal today of ‘‘don’t ask, Tactical Level and lose the war at the Oper- Marines in combat, this comment was deeply don’t tell,’’ it is time for the Marine Corps to ational and Strategic Levels. This is where hurtful. end the bigotry and prejudice regarding sex- we find ourselves today in Afghanistan . . . I am a patriotic American. I am an officer ual orientation and to give Marines, combat and the path to any kind of victory is closely who loves country and Corps. I am doing my veterans and Purple Heart recipients the re- linked to success in Pakistan and India. The best to serve honorably and proudly. And I spect and consideration they have earned. possibility of achieving such success across happen to be gay. Marine Maj. Darrel Choat, a student at the all three countries is small . . . certainly fol- My challenge is not to simply acknowledge Marine Corps University in Quantico, is the lowing the policies in place today (and yes- my sexuality as a Marine officer but for my author of a report and personal essay in terday.) actions to reflect the legacy of the Declara- ‘‘The End of Don’t Ask, Don’t Tell,’’ a forth- Again, I applaud your work and on behalf tion of Independence—that all Americans are coming book from Marine Corps University of those young men and women who are sac- created equal and deserve equal consider- Press. The views expressed here are his own. ation from their government. My task is to rificing so far from home, I thank you. f Semper Fidelis. demand no less from my country and Corps. CHARLES C. KRULAK, I understand that my statements will IN HONOR OF THE BUCKS COUNTY General, USMC (Ret.). prompt anger and disgust among some ac- CONSERVATION DISTRICT tive-duty and retired Marines. History dem- f onstrates, however, that deliberate steps are ON THE OCCASION OF THE END OF necessary to overcome the legacy of dishonor HON. MICHAEL G. FITZPATRICK ‘‘DON’T ASK, DON’T TELL’’ and prejudice such as that inspired by ‘‘don’t OF PENNSYLVANIA ask, don’t tell.’’ I have confidence that my IN THE HOUSE OF REPRESENTATIVES Corps will take those steps. HON. DENNIS J. KUCINICH While working in the Senate in the 1990s, I Thursday, September 22, 2011 OF OHIO remember Sen. Jesse Helms (R–N.C.) taking Mr. FITZPATRICK. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES to the floor and disparaging the ‘‘agenda’’ of to honor the 50th anniversary of the Bucks gays and their ‘‘sinful’’ and ‘‘deviant’’ behav- County Conservation District. Their mission is Thursday, September 22, 2011 ior. I felt helpless. One day Helms stepped to provide for the wise use, management, and Mr. KUCINICH. Mr. Speaker, yesterday the into an elevator in which I alone was riding. Slowly, I realized no words could be adequate development of Bucks County’s soil, water, military’s ‘‘Don’t Ask, Don’t Tell’’ (DADT) policy and other important natural resources. officially ended. to confront him. His hate and ignorance could not be rationally discussed. The only Through a comprehensive approach which Yesterday, J.D. Smith, a 25 year-old Air effective course, it seemed to me, would be includes traditional advocacy as well as edu- Force officer and gay rights advocate could to disprove him by example, by personifying cational efforts such as school-based pro- drop his pseudonym and come out as who he a proud, honorable and gay American who— grams to present lessons to students on soil is—1st Lieutenant Josh Seefried. simply by existing—refuted Helms’s dema- and water conservation, and watershed edu- Yesterday, Maj. Darrel Choat, a gay Marine goguery. cation for teachers to educate them on the im- officer wrote in The Washington Post: ‘‘I am a I came out to my family years earlier, and portance of protecting our watersheds, Bucks patriotic American. I am an officer who loves I had long been in the habit of letting co- workers become aware of my sexual orienta- County Conservation District is leading the country and Corps. I am doing my best to tion. Often I made no pronouncements. En- conservation efforts in my district. serve honorably and proudly. And I happen to gaging in honest discussions about weekend Local solutions that originate in groups like be gay.’’ activities or personal relationships was all the Bucks County Conservation District are Yesterday, a policy that since 1993 has led that was necessary. My guiding principle was often the best solutions, and I congratulate to over 14,000 servicemembers being fired simple: If I felt I had to say something or them on celebrating 50 years of success and simply for being open about their sexual ori- compromise out of fear or shame because I I wish them the best of luck as they work to entation officially ended, allowing Major Choat, was gay, I had to stop and take the honest preserve vital soil and water resources for 1st Lt. Seefried and thousands of other course. If I got fired, I got fired. No job was generations to come. servicemembers to continue their service in worth the sacrifice of my honor and courage. In 1981, I had been awarded a four-year Ma- f the U.S. military without having to hide who rine Corps Reserve Officer Training Corps they are. scholarship. I was aware that I was dif- IN HONOR OF MAYOR STEVE BACH Policies like ‘‘Don’t Ask, Don’t Tell’’, which ferent—I hated being different—and I was created an atmosphere of fear and mistrust self-conscious. I found it difficult to interact HON. among colleagues serving side-by-side, have with other midshipmen and Marines, so I left OF COLORADO no place in the military. the program. In 1997, however, I knew that IN THE HOUSE OF REPRESENTATIVES I applaud the official end of ‘‘Don’t Ask, ‘‘don’t ask, don’t tell’’ did not preclude my service; it simply required that I shut up Thursday, September 22, 2011 Don’t Tell’’ and the significance of its repeal in about being gay. So I applied and was accept- ensuring equality in our military and in secur- ed to attend Officer Candidate School in Mr. LAMBORN. Mr. Speaker, I rise today to ing rights for members of the Lesbian, Gay, Quantico in October 1997. I greatly underesti- honor and congratulate the new mayor of Col- Bisexual and Transgender community. mated the personal cost of this compromise. orado Springs, Steve Bach. Situated at the After the Battle of Saipan in 1944, Marine WHEN WILL MARINE LEADERSHIP STAND UP heart of my district, Colorado Springs is an ex- Commandant Gen. Alexander Vandegrift FOR GAY SERVICE MEMBERS? ceptional community that deserves an excep- said, ‘‘The Negro Marines are no longer on (By Darrel Choat) trial. They are Marines, period.’’ His prede- tional leader. Mayor Bach is that man. If President Obama could have ended cessor, Gen. Thomas Holcomb, had said that In 2010, Colorado Springs voters adopted a ‘‘don’t ask, don’t tell’’ by announcing a pol- ‘‘Negroes did not have the right to demand a strong mayor-council form of government. As icy change, rather than his intent to work place in the corps’’ and that ‘‘If it were a the city’s first mayor under this new model, with Congress to repeal the law, in his 2010 question of having a Marine Corps of 5,000 Steve will lead Colorado Springs through this State of the Union address, I might have whites or 250,000 Negroes, I would rather historic transition. For the first time in the city’s served in the Marines openly but quietly. have the whites.’’ It took leadership for 140-year history, the Mayor will have broad But the repeal debate turned ugly, and as Vandegrift to recognize the heroic service of powers over hiring and firing city workers. gay veterans and gay soldiers and Marines African American Marines and end officially Mayor Bach has a unique opportunity to serving in Iraq and Afghanistan were sanctioned segregation in the Corps. disrespected by military and civilian leaders, While Sgt. Maj. Micheal Barrett, the serv- shape the city’s direction for years to come. I realized that a quiet transition was not an ice’s senior enlisted official, clearly stated in Mayor Bach has lived in Colorado Springs for honorable course of action. June that a Marine is a Marine, regardless of over 40 years and has seen the city change Remarks by senior Marine leaders made sexual orientation, I am aware of no senior from a small town nestled in the foothills of the clear that their conception of ‘‘Marine’’ did Marine officer who has followed Vandegrift’s Rocky Mountains to the 41st largest metro not include those who were gay. During and lead and set a leadership tone that will turn area in the country. following his confirmation hearings in fall the page on the prejudice of the past. A Jan- Mayor Bach previously was a commercial 2010, Commandant Gen. James F. Amos said uary video by Amos and Barrett’s prede- that he did not want his Marines dying be- cessor, Sgt. Maj. Carlton Kent, sent the mes- real estate broker who retains longstanding cause of a ‘‘distraction.’’ He probably meant sage simply that the don’t-ask law has ties to the business community. He promises that managing the repeal would be a distrac- changed and that Marines follow the law. Ac- to improve the business climate by cutting red tion, but many gay Marines, myself in- tion to overcome the legacy of ‘‘don’t ask, tape at City Hall. His fresh ideas on job cre- cluded, felt that Amos was saying that we don’t tell’’ is still necessary. ation and his history of building coalitions in

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.029 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS September 22, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1693 the community will no doubt bring new vigor to CELEBRATING THE LIFE AND AC- the third Friday of every month to community the area’s economy. COMPLISHMENTS OF MASTER service, volunteering alongside a group of her As a devoted husband and family man, SERGEANT RICHARD FRANCIS students and Nimitz alumni. What she teaches Mayor Bach knows the kind of values and MURPHY her students is not merely U.S. history; it en- ideals that are required to lead in a respon- compasses life lessons and the values of op- sible and conservative manner. I wish the HON. ZOE LOFGREN portunity and service. Ms. Bradley exemplifies Mayor success in his new job. I know that Col- OF CALIFORNIA the important role of educators play in shaping orado Springs could not ask for a better mayor IN THE HOUSE OF REPRESENTATIVES our youth and preparing them to be the next at this critical time. generation of great leaders. Thursday, September 22, 2011 This prestigious award recognizes her out- f Ms. ZOE LOFGREN of California. Mr. standing contributions in teaching and service RECOGNITION OF ADMIRAL MIKE Speaker, I rise today to honor the life and ac- to the humanities. It is my great pleasure and MULLEN’S FORTY-THREE YEARS complishments of Master Sergeant, Richard privilege to honor Ms. Bradley for her passion OF DISTINGUISHED SERVICE IN Francis Murphy. for teaching, commitment to service, and belief THE UNITED STATES NAVY Richard was born in Providence Rhode Is- in the importance of education and oppor- land on May 10, 1917. He enlisted in the U.S. tunity. Mr. Speaker, I ask my esteemed col- Army Air Corps at the age of 19 and contin- leagues to join me in congratulating Ms. Brad- HON. HOWARD P. ‘‘BUCK’’ McKEON ued to show his dedication to our country for ley. OF CALIFORNIA years to come. He served in both World War f IN THE HOUSE OF REPRESENTATIVES II and the Korean War before retiring as a HONORING LONG-SERVING MEM- Thursday, September 22, 2011 Master Sergeant. After his retirement from the Air Force, Rich- BERS OF THE NATIONAL ASSO- Mr. MCKEON. Mr. Speaker, I rise today to ard went to work for the Electric and Water CIATION OF LETTER CARRIERS pay tribute to Admiral Mike Mullen who is retir- Department for the City of Santa Clara. He IN WESTERN NEW YORK ing as the 17th Chairman of the Joint Chiefs volunteered in his community, serving on of Staff after more than 43 years of distin- many civic and veterans organizations includ- HON. guished service to his country. ing the United Veterans Council of Santa OF NEW YORK A proud graduate of the U.S. Naval Acad- Clara County and the Air Force Sergeants As- IN THE HOUSE OF REPRESENTATIVES emy’s Class of 1968, his rise in the Navy sociation. Richard was easily recognizable in Thursday, September 22, 2011 started at sea, when Ensign Mullen deployed San Jose, as he helped organize our Veterans to the western Pacific and participated in com- Day parade and the Memorial Day ceremony Mr. HIGGINS. Mr. Speaker, in today’s time bat operations off the coast of Vietnam aboard at Oak Hill Cemetery. of challenging budgets and fiscal uncertainty, USS Collett. Over the course of his career at On August 21st of this year, Richard passed at a time when the long term success of the sea he subsequently served on six other war- away in his home in San Jose at the age of United States Postal Service hangs in the bal- ships, including command of three of those 94. Richard and his wife Kay had been mar- ance, it is altogether fitting and proper that we vessels. Admiral Mullen also commanded the ried for 69 years. In that time they saw the recognize the dedicated public servants who George Washington Carrier Strike Group and birth of five children, four grandchildren, and have populated the rank and file membership U.S. Second Fleet. three great grandchildren. of the Postal Service in Western New York. In July of 2005, Admiral Mullen was sworn Richard was not only a dear friend of mine, The role of a letter carrier remains among in as the 28th Chief of Naval Operations, serv- but he was a friend to the entire veteran com- the most fundamental in American society. It ing as the top uniformed leader and represent- munity in San Jose. He was proud of his serv- remains an amazing feat that a letter dropped ative to the Joint Chiefs of Staff. During his ice and grateful to others who served. I wish into a mailbox in Buffalo, New York will shortly tenure, he oversaw the service’s efforts to to honor the life of this American hero and arrive at its destination, be it across town or man, train, and equip our Navy to fulfill its tra- memorialize our gratefulness for his dedication across the country. Letter carriers face a wide ditional missions at sea. Additionally, he con- to his community and country. array of complications, obstacles, hazards and ceived and championed the Navy’s contribu- f other challenges as they complete their daily tions to the fight on the ground in Iraq, Af- routes. Citizens across the United States open ghanistan, and other nations in support of our IN RECOGNITION OF HELEN their mailboxes and routinely retrieve their country’s effort to combat violent extremism. BRADLEY mail, seldom stopping to reflect upon the work After successfully completing his tour as performed by letter carriers each day. Chief of Naval Operations, Admiral Mullen as- HON. PETE SESSIONS Beyond their professional responsibilities, sumed duties as the 17th Chairman of the OF TEXAS Letter Carriers are integral members of our Joint Chiefs of Staff on October 1, 2007. Since IN THE HOUSE OF REPRESENTATIVES community as well. While Letter Carriers par- assuming duties as Chairman, he has, in con- ticipate in dozens of charitable events through- cert with our Nation’s leadership, overseen Thursday, September 22, 2011 out the year, they are particularly effective in multiple, sustained joint military operations that Mr. SESSIONS. Mr. Speaker, I rise today to the annual ‘‘Stamp Out Hunger’’ food drive, disrupted terrorist networks, provided humani- recognize Helen Bradley, this year’s recipient where millions of pounds of nonperishable tarian assistance at home and abroad, and im- of the Outstanding Teaching of the Humanities food items are delivered to community food proved the security and stability in Iraq and Af- Award from Humanities Texas. banks throughout the United States. I’m proud ghanistan. After graduating from the University of Dal- to add that the Buffalo region was the first to While continuing to lead our men and las, Ms. Bradley joined the Social Studies De- undertake this effort, and our region routinely women in uniform around the world, Admiral partment at Nimitz High School in Irving, leads the nation in tons of food collected for Mullen has been the catalyst for a nationwide Texas. Her belief in and commitment to the this annual event. dialogue to advance awareness and support concept of opportunity is evident in her ap- On Saturday, September 24th, Branch 3 of for our warriors, veterans, and their families. I proach to her U.S. history and government the National Association of Letter Carriers, have no doubt his commitment to these Amer- classes. By helping students recognize Amer- representing Buffalo and Western New York, icans who have given so much will indeed be ica’s unique opportunities for all and elevating will hold its annual ‘‘Old Timers’ Night.’’ This enduring, lasting far beyond his days in uni- the material with visits to the Dallas Holocaust event will pay tribute to the careers of eleven form. Museum and the Sixth Floor Museum, Ms. letter carriers, each having more than 50 Please join me in recognizing and com- Bradley creates a distinct, positive, and enjoy- years of service. mending Admiral Mike Mullen for a lifetime of able learning experience for her students. She Scheduled to be honored are the following service to his country and to wish him the best exhibits great leadership by coordinating with members with 55 years of service: Chester in his retirement. May God bless Mike and teachers from other departments and different Gawel, Richard Miller, Albert Schattner, Ches- Deborah, and their family, for all they have grade levels to enhance the material and en- ter Stuben, and John Zelli. given and continue to give our country. The sure her students are informed, knowledge- Those with 50 years of service who are to United States Navy and our military will dearly able, and proud of our Nation’s rich history. be honored include: Richard Bailoni, Edward miss one of its most respected and valued Her lessons extend beyond the classroom. Dudkowski, Robert Hibbard, Salvatore leaders. For over twenty years, Ms. Bradley devoted Iannello, Joseph Sikorski, and John Tutaro.

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.009 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1694 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2011 In addition, Life Members (past honorees Reginald Crutchfield is a fifth generation foundation they will need to succeed in today’s with more than 50 years’ service) will also be farmer who truly understands the value of a competitive economy. on hand for the event. They include: Florian strong work ethic and good soil, and he instills Among many of his notable initiatives, Mr. Chmurzynski, Robert Connors, Frederick those values in his family every day. With the Foran’s focus on career education led to the Diringer, Ronald Dubois, Norman Gast, Ed- help of his wife Regina and his son Phillip, start of the New Britain Academy for Health ward Jarnot, Kenneth Kreger, Albert Martin, Reggie sows and harvests nearly 500 acres of Professions, which helps students prepare for Guy Merritt, James Mooney, Robert peanuts, wheat and corn. careers in health care. He has also greatly ex- Ohlenschlager, and Thomas Trotta. Throughout his life, Reggie has epitomized panded the school’s mentoring programs for The inscription at New York City’s James the true meaning of hard work. In 1981, Fu- at-risk students. Despite school budget reduc- Farley Post Office reads, ‘‘Neither snow nor ture Farmers of America (FFA) recognized his tions and layoffs, Foran has sustained and ad- rain nor heat nor gloom of night stays these dedication to the farming industry and award- vanced his school’s reputation by building a couriers from the swift completion of their ap- ed him with the title of FFA Star State Farmer. more collaborative work environment between pointed rounds.’’ I am pleased to join with Since that time, Reggie has worked independ- administrators, teachers and ancillary staff. As Branch 3 of the National Association of Letter ently as a farmer among other jobs in order to a result, since 2006, test scores have risen, Carriers to honor these fine public servants, provide for his family. His impressive career more students are taking AP courses, and and to wish to them good luck and Godspeed includes work as a researcher of beef cattle fewer students are dropping out. This can be in the months and years to come. with the University of Florida and as a golf credited to better instruction due to Foran’s f course superintendent overseeing grass pro- excellent leadership attributes, which were es- duction. In 2008, Reggie successfully battled sential in awarding him the honor of National HONORING U.S. ARMY SERGEANT cancer and went back to work as a full-time Principal of the Year. GARRICK L. EPPINGER, JR.’S farmer, replanting his crops and expanding his The MetLife/NASSP program honors sec- SERVICE IN AFGHANISTAN business. ondary school principals who have arrived at Reggie and Regina have raised their chil- administering distinctive learning opportunities HON. REID J. RIBBLE dren, Jhanna, Phillip, Bailey, and Paige, to re- for students. High school and middle school OF WISCONSIN spect the land and to be active members of principals from every state in the nation are IN THE HOUSE OF REPRESENTATIVES their community. In addition to helping her nominated. From this accomplished pool, 6 fi- Thursday, September 22, 2011 husband out on the farm throughout their 27 nalists are chosen as contenders to be named years of marriage, Regina works as a speech Principal of the Year. This program recognizes Mr. RIBBLE. Mr. Speaker, I rise today to re- pathologist for the Okaloosa County School the very pivotal role that principals such as Mr. member and honor the life and sacrifice of District. The Crutchfields are members of First Foran play in the education system as leaders Sergeant Garrick L. Eppinger, Jr. A resident of United Methodist Church of Crestview and the and role models who excel in maintaining a Appleton, Wisconsin, Sergeant Eppinger died Okaloosa County Farm Bureau. This out- positive community for both students and while serving our country in the Parwan Prov- standing farm family has overcome constant teachers. ince of Afghanistan. He was assigned to the challenges and continues to inspire those Mr. Speaker, I believe that we can all learn 395th Ordnance Company, 687th Combat around them with their love of the land and from Mr. Foran’s dedication to education and Sustainment Support Brigade, 646th Regional their commitment to family. service, and so I ask my colleagues to join Support Group, 310th Expeditionary Mr. Speaker, our great nation was built by me, and the people of Connecticut, in recog- Sustainment Command, U.S. Army Reserve, farmers and their families. The Okaloosa nizing Michael Foran as the National Principal Wausau, Wisconsin. Garrick Eppinger, Jr. died County Outstanding Farm Family of the Year of the Year. protecting the freedoms we take for granted award is a reflection of the Crutchfield family’s f every day. His heroic sacrifice will not soon be tireless work and dedication to family, faith forgotten. and trade. On behalf of the United States PERSONAL EXPLANATION Mr. Speaker, Sergeant Eppinger embodied Congress, I would like to offer my congratula- the best qualities of a true American soldier. tions to the Crutchfield family for this great ac- HON. BLAINE LUETKEMEYER He served this country with honor and exhib- complishment. My wife Vicki and I wish them OF MISSOURI ited profound bravery and selflessness during the best for continued success. IN THE HOUSE OF REPRESENTATIVES his three overseas deployments. Sergeant f Eppinger was a loving son, a devoted father Thursday, September 22, 2011 and now he will forever be known as an Amer- PERSONAL EXPLANATION Mr. LUETKEMEYER. Mr. Speaker, on roll- ican hero. He is remembered by friends and call No. 715, I was attending a meeting that family as a man with a courageous and strong HON. ERIC A. ‘‘RICK’’ CRAWFORD ran long, and therefore, I was unable to vote spirit who earned the unwavering respect of OF ARKANSAS on rollcall No. 715. his peers. Although the loss of Sergeant IN THE HOUSE OF REPRESENTATIVES Had I been present, I would have voted Eppinger left a void in the hearts of many, his ‘‘yea.’’ Thursday, September 22, 2011 dedication and exemplary service has made f Northeast Wisconsin and his country proud. Mr. CRAWFORD. Mr. Speaker, on Thurs- It is my honor to commemorate him and I day, September 15, 2011, I was inadvertently TRIBUTE TO THE DEFENSE INTEL- urge my colleagues to join me today in hon- detained on rollcall vote 709. Had I been LIGENCE AGENCY’S 50TH ANNI- oring the life of Sergeant Garrick Eppinger, Jr. present to vote, I would have voted ‘‘yes.’’ VERSARY for the sacrifice he made for the United States f of America. HON. ROSCOE G. BARTLETT HONORING MICHAEL FORAN f OF MARYLAND IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE CRUTCHFIELD HON. CHRISTOPHER S. MURPHY Thursday, September 22, 2011 FAMILY AS THE 2011 OKALOOSA OF CONNECTICUT COUNTY OUTSTANDING FARM IN THE HOUSE OF REPRESENTATIVES Mr. BARTLETT. Mr. Speaker, I rise today to FAMILY OF THE YEAR pay tribute to the Defense Intelligence Agency Thursday, September 22, 2011 on the occasion of its’ 50th Anniversary. HON. JEFF MILLER Mr. MURPHY of Connecticut. Mr. Speaker, Created in 1961, DIA is our nation’s premier OF FLORIDA I rise today to honor the extraordinary service provider of intelligence on foreign military in- IN THE HOUSE OF REPRESENTATIVES of Michael Foran, the 2012 MetLife/NASSP tentions and capabilities. DIA’s workforce of National High School Principal of the Year. A over 16,500 military and civilian intelligence Thursday, September 22, 2011 native of Newington, Connecticut, Mr. Foran professionals conducts all-source analysis, Mr. MILLER of Florida. Mr. Speaker, it is a has worked for 20 years within the New Britain human and technical intelligence collection, great pleasure for me to rise today to recog- school district and became Principal of New counterintelligence and provides secure infor- nize the Crutchfield family for being selected Britain High School in 2006. In this time, he mation technology support worldwide for mili- as the 2011 Okaloosa County, Florida Out- has been instrumental in providing the 2,700 tary commanders, warfighters and policy- standing Farm Family of the Year. students of New Britain High School with the makers.

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K22SE8.013 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS September 22, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1695 DIA is responsible for the Defense Attache´ pers have been a Central Ohio institution. The funding for HBCU’s, affordable housing for mi- System, Defense Counterintelligence and Clippers are a world-class organization, and norities and the poor, as well as funding for HUMINT Center, National Defense Intelligence attending a game at Huntington Park is a critical transportation and infrastructure College, National Media Exploitation Center, world-class experience. I have enjoyed many projects in areas previously overlooked. National Center for Credibility Assessment and warm summer evenings cheering on the Clip- And in 1992, after a long and bitter legal several specialized intelligence centers: the pers, and I know countless other Ohio families fight, Ms. Meek and I, along with Congress- Underground Facility Analysis Center, the Mis- have shared similar fun-filled experiences en- man ALCEE HASTINGS, became the first African sile and Space Intelligence Center and the joying America’s favorite pastime in each oth- American Members elected to the U.S. House Joint Intelligence Task Force—Combating Ter- er’s company. of Representatives since 1871! Together in rorism. In Columbus, we take our sports seriously, Washington, Rep. Meek and I worked ardu- In addition to these components, I am espe- and the Clippers have always been a point of ously together on issues such as economic cially pleased that DIA’s National Center for pride for us. Their past two seasons have development for underserved areas, both na- Medical Intelligence, NCMI, is located in my been particularly impressive with the team tionally and in the state of Florida, on decreas- Congressional District on Fort Detrick. NCMI’s winning back-to-back championships. A single ing disparities in health care treatment and in 150 civilian and military intelligence analysts Governor’s Cup win is an impressive achieve- increasing access to health insurance, as well and scientists are charged with preparing and ment but two in a row is truly extraordinary. as on education and housing issues. And as coordinating intelligence on foreign health Over the years the Clippers have made their Floridians passionate about improving the con- threats and medical issues to protect U.S. in- city and state proud with similar championship ditions on the island nation of Haiti, we also terest worldwide. streaks, including holding on to the Governor’s traveled to Haiti together, and worked to advo- As a member of the House Armed Services Cup for three consecutive years from 1979– cate for Haitian immigrants and for increased Committee and a frequent visitor to NCMI and 1981. U.S. foreign aid and investment on the island Fort Detrick, I have received numerous brief- A winning season takes hard work and nation of Haiti. I will always fondly remember ings from DIA and NCMI personnel. Each time many hours of practice and a great deal of ef- the years of working together with Ms. Meek, I have been briefed by DIA analysts I have fort. The team’s success brings City of Colum- and am pleased to see Members of the Flor- been impressed by the Agency’s expertise bus together to celebrate as a community. To ida delegation coming together on the House identifying medical threats to U.S. forces and the Columbus Clippers, I offer my congratula- Floor this morning to recognize her many our allies, and the insights these intelligence tions on this season’ championship and my achievements during her time in Congress. best wishes for a strong season next year. professionals bring on foreign military inten- f tions and capabilities. Columbus Clippers, RING YOUR BELL! During DIA’s five decades of existence, the f THE CHILD AND FAMILY SERV- Agency has remained agile in the face of ICES IMPROVEMENT AND INNO- TRIBUTE TO CONGRESSWOMAN evolving national security threats. From the VATION ACT AND TEMPORARY CARRIE MEEK Cold War, to the Vietnam War, to the first Gulf ASSISTANCE FOR NEEDY FAMI- War, DIA’s early efforts focused on under- LIES EXTENSION standing and, if necessary, defeating state- HON. CORRINE BROWN sponsored militaries and providing strategic OF FLORIDA HON. TOM REED warning. IN THE HOUSE OF REPRESENTATIVES OF NEW YORK Since the 9/11 terrorist attacks, DIA has re- Thursday, September 22, 2011 IN THE HOUSE OF REPRESENTATIVES sponded to the asymmetric threat posed by transnational terrorist groups such as al-Qaida Ms. BROWN of Florida. Mr. Speaker, as a Thursday, September 22, 2011 30-year colleague of Congresswoman Carrie by pushing more analytic and collection capa- Mr. REED. Mr. Speaker, I rise today to bilities forward in direct support of our military Meek of Miami, I submit this tribute to honor of my dear, dear friend. Ms. Meek’s life and speak in support of two of today’s scheduled forces in Iraq, Afghanistan and elsewhere. bills, the Child and Family Services Improve- Today intelligence professionals from across career began from the most humble of back- grounds in segregated Tallahassee during the ment and Innovation Act and the Temporary DIA, including personnel from NCMI are for- Assistance for Needy Families Extension. ward deployed alongside our troops to provide 1930’s. She was the granddaughter of slaves and daughter of former sharecroppers, yet The Child and Family Services Improvement the best and most timely military intelligence and Innovation Act makes the necessary im- possible. graduated from Lincoln High School, and later stayed in north Florida and graduated from provements to the Child Welfare Services and Mr. Speaker, I congratulate the men and Florida A&M University in 1946. Unfortunately, Promoting Safe and Stable Families programs women of DIA on 50 years of service. Guided this was still a time when African Americans to ensure accountability of the funds spent in by their Agency motto ‘‘Committed to Excel- could not attend graduate school in the state the programs. Particularly, the waiver require- lence in Defense of the Nation’’, I am con- of Florida, yet because of her fearless spirit ments and the required Government Account- fident that DIA will be standing watch to defeat and tenacity, Ms. Meek did not give up study- ability Office study will help reduce the dupli- the threats we face today and to indentify and ing; she enrolled in the University of Michigan cation of funds for these programs. meet the national security challenges of the and received her M.S. degree in 1948. After Regarding the Temporary Assistance for next 50 years and beyond. graduation, Carrie was hired as a teacher at Needy Families Extension, I feel that this three f Bethune-Cookman University in Daytona month extension will provide the proper time to discuss, debate and research the benefits CONGRATULATING COLUMBUS Beach, Florida, and then at her alma mater, of mandating drug-testing and substance CLIPPERS Florida A&M University. She then moved to Miami in 1961 to serve as special assistant to abuse treatment programs as a requirement the vice president of Miami-Dade Community for individuals to receive funds under this pro- HON. STEVE STIVERS College, which was desegregated in 1963, gram. Including such a provision will increase OF OHIO largely due to Ms. Meek’s integral role in the the accountability of means-tested cash recipi- IN THE HOUSE OF REPRESENTATIVES push for its integration. ents and send a message that substance I distinctly recall the years we served to- abuse will not be tolerated or supported by the Thursday, September 22, 2011 gether in the Florida State legislature in the federal government. Mr. STIVERS. Mr. Speaker, I rise today to 1980’s. And although Ms. Meek became Flor- I see a direct link in the issue of substance congratulate the Columbus Clippers on win- ida’s first African American female state Sen- abuse and child maltreatment; I feel that the ning their ninth, and second consecutive, Gov- ator in 1983, the same year I began my career inclusion of a drug-testing requirement would ernor’s Cup. The Governor’s Cup is a baseball of public service in the Florida House, we improve both programs and increase their effi- tradition dating back to 1933 and is awarded worked jointly on numerous projects beneficial ciency. annually to the International League’s cham- to minority communities across the state of I look forward to working on this issue with pion. Florida. And since she served on the Edu- my colleagues in the Subcommittee on Human First at Cooper Stadium and now at Hun- cation Appropriations Subcommittee, we tag Resources, the Ways and Means Committee tington Park, since 1977 the Columbus Clip- teamed on various projects, including critical and the House of Representatives at-large.

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A22SE8.033 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1696 CONGRESSIONAL RECORD — Extensions of Remarks September 22, 2011 PARKROSE CENTENNIAL In 1948, the Day-Elder was retired and re- Mr. Speaker, I ask you and my colleagues placed by a new 1948 GMC Pumper. Subse- to join me in recognizing the Fairfield Fire De- HON. quently in 1952, the Township purchased a partment as it celebrates 100 years of volun- OF OREGON second GMC 1000 gallon Pumper. These two teer service. IN THE HOUSE OF REPRESENTATIVES vehicles were housed at town hall, the location f of the present day municipal building and Fire- Thursday, September 22, 2011 house No. 1. In 1964, the department ac- HONORING THE LIFE OF JUDGE Mr. BLUMENAUER. Mr. Speaker, congratu- quired a FWD four wheel drive GMC 1000 GILLIS E. POWELL, SR. lations to Parkrose, Oregon on your Centen- GPM Pumper, ‘‘Old Engine 3.’’ Then, in the nial. spring of 1970, the present Firehouse No. 2 HON. JEFF MILLER Founded by Italian, Dutch, and German located on Plymouth Street was constructed OF FLORIDA farmers in the late 1890s, the community of and dedicated. IN THE HOUSE OF REPRESENTATIVES Parkrose was incorporated by its business Continuing through the rapid growth of the Thursday, September 22, 2011 community in 1911 and quickly faced the chal- town and the fire department, March 1974 Mr. MILLER of Florida. Mr. Speaker, on be- lenges of rapid growth. brought the addition of the new 1500 GPM half of the United States Congress, it is an By the 1920s, the farmland that supplied Hahn Pumper, Engine 4. Three years later, in honor for me to rise today to recognize the life nearby Portland with much of its food was de- September 1977, the nearly 30 year old of northwest Florida’s beloved Judge Gillis E. veloped into motels, serving the travelers that GMC’s were retired and replaced by two new Powell, Sr. traveled from the Columbia Gorge into the twin Hahn 1500 GPM Custom Pumpers, En- Over the course of his life, Judge Powell ‘‘big city’’. Next came housing developments, gines 1 and 2, rounding the arsenal to 4 mod- was a fixture in the northwest Florida commu- changing the landscape even more. In the ern pieces of apparatus. nity. His family was one of the first families to 1960s, the newly constructed Banfield freeway In 1981, the members of the department de- settle in Crestview, and his mother was a attracted motorists off of Sandy Boulevard, signed and constructed a new Firemen’s founding member of the First Presbyterian Parkrose’s main thoroughfare. Recreation and Training Hall on land received Church of Crestview. Judge Powell’s assid- By the time of annexation by the City of from the town, adjacent to the Plymouth Street uous work ethic was apparent when he began Portland in 1980, Parkrose had faced chal- Firehouse. The organization sold the old fire- working as a delivery boy at Sullivan’s Gro- lenges as great as any part of the metropoli- house which still stands today, now occupied cery Store at the young age of 12. In 1938, tan area. Throughout, Parkrose has fought to by a privately owned business. Judge Powell graduated from Crestview High retain its identity, as well as its farmland, and Three years later, the department pur- School and went on to study business admin- have kept its schools an important focal point chased a 1984 LT1 100-foot Ladder Tower istration at the University of Florida (UF). for the community. with a 1500 GPM pump. This vehicle was Judge Powell was also a true patriot, and In more recent years, Parkrose has redis- added to the Township’s firefighting capabili- when his country called him to duty during covered its past, celebrating many rich tradi- ties in response to the rapid growth of larger World War II, he responded with honor and tions. From its schools and businesses to its office buildings and multi-floor hotels. After 30 distinction. In 1942, as a Second Lieutenant, community gardens, parks, local farms, and years of service, Old Engine 3 was soon re- he was one of only five officers from his thriving Farmers Market, the residents of placed with a new Pierce 2000 GPM custom squadron chosen to attend intelligence training Parkrose continue to shape their community built Pumper. This engine represented the at Yale University. While training at Yale, he into one that will be treasured and celebrated epitome of modern firefighting, with a fully en- married his childhood sweetheart, Avis Eliza- 100 years from now. closed cab, up-to-date radio equipment and beth Moore. After finishing his intelligence I offer my congratulations to the good citi- computerized pump controls. The department training, Judge Powell served as an intel- zens of Parkrose, Oregon as they begin their also purchased a 1995 GMC Suburban Inci- ligence officer in north Africa, rising to the rank next century. dent Command Vehicle, complete with radio of Major and becoming a squadron com- f equipment; enabling the department to directly mander. During his military career, he was communicate with any of the surrounding fire recognized by President Franklin D. Roosevelt HONORING THE FAIRFIELD departments, State Police, West Essex First for his role in preparing for the Big Three Con- VOLUNTEER FIRE DEPARTMENT Aid Squad, paramedics and NorthStar Medical ference between President Roosevelt, Winston Helicopter. Churchill, and Joseph Stalin in Tehran, Iran. HON. RODNEY P. FRELINGHUYSEN Rounding off its modern arsenal of fire- After fulfilling his service commitment, Judge OF NEW JERSEY fighting apparatus, the two 1976 Hahns were Powell returned to Florida with his wife, Avis, IN THE HOUSE OF REPRESENTATIVES retired and replaced with twin Pierce 2000 where he finished his bachelor’s degree at UF, Thursday, September 22, 2011 GPM Custom Pumper Engines 1 and 2. Both before earning his law degree from UF’s Col- trucks came with safety features and capabili- lege of Law. Judge Powell had a true aptitude Mr. FRELINGHUYSEN. Mr. Speaker, I rise ties that far outperform the old equipment, in- for business and passion for law. He started today to honor the Fairfield Volunteer Fire De- cluding fully enclosed 6 seat cabs and com- his first business near UF—The Tackle Box— partment, located in Essex County, New Jer- puterized pump controls. The latest piece of which started as a small bait shop and has sey, as it celebrates 100 years of dedicated apparatus replaced the first ladder truck with a grown over the course of 60 years into a large volunteer service to the Township of Fairfield. 2005 Pierce 100 foot ladder tower with the sporting goods store. The Fairfield Volunteer Fire Department, for- newest technology. In 1951, he returned to his native Crestview merly the Township of Caldwell Volunteer Fire Due to the high volume of industry, water- to establish his own law firm. During his ac- Department, was founded in 1911, with the ways and major highways, the department’s complished legal career, he served in his pri- help of a handful of residents. The very first duties have increased from basic firefighting to vate practice and as an Assistant State Attor- firehouse in the township was built in 1912, on extra services including vehicle extrications ney, before being appointed in 1971 to serve the lands given to the department by a gen- and water rescue that demands not only the as Circuit Judge in the First Judicial Circuit of erous donor. Unfortunately, the building purchasing of specialized equipment but also Florida. He served as a Circuit Judge until he burned in 1915. Due to a lack of necessary many extra training hours. As an all-volunteer retired from the bench in 1977, when he re- firefighting equipment, the department was department, the members give their own time turned to private practice with his oldest son, helpless to combat the flames. and sacrifice their safety for the good of their Gill. Over the years, the law firm of Powell, After the devastating fire, the department community and mutual aid to surrounding Powell & Powell grew to include his daughter, assumed a somewhat inactive status until a towns. Many members have surpassed 50 Ava, and younger son, Dixie; as well as his group of citizens reorganized in 1924 and years of volunteer service to the department granddaughter, Lacey and her husband, erected a new firehouse in 1925 at the site of and for that they are commended. James; his granddaughter, Ginny; and his the old structure. To finance its new building, From past to present the Fairfield Volunteer grandson, Gillis E. Powell III. In 1991, while a $1500 mortgage was assumed. In 1927, the Fire Department has worked through many serving as the City Attorney for City of township’s first fire truck, a 1926 Day-Elder hard times, experienced its share of success Niceville, Judge Powell argued and won a Pumper, was purchased. Three years later the and tragedies, and has developed and grown case before the United States Supreme Court township purchased the truck to help alleviate right along with the community it serves. Its and was featured on NBC’s ‘‘Today Show.’’ the department’s costs. Since that time, the past and present members should feel pride to Judge Powell remained active in his law prac- township has purchased all necessary equip- be part of such a group of dedicated individ- tice until his recent retirement at the age of ment used by the fire department. uals. 87.

VerDate Mar 15 2010 06:13 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A22SE8.037 E22SEPT1 smartinez on DSK6TPTVN1PROD with REMARKS September 22, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1697 To some, Judge Gillis E. Powell, Sr. will be serve as a lasting tribute to his life, his serv- PERSONAL EXPLANATION remembered as a courageous member of our ice, and his impressive career. I will remember armed services who answered the call of duty Mr. Beltz for his generous spirit, for his hard HON. TOM MARINO during one of our Nation’s most trying hours; work on behalf of so many working men and OF PENNSYLVANIA to others, he will be remembered for his acu- women in our community and for the impact IN THE HOUSE OF REPRESENTATIVES men in law and business. Judge Powell was he had on so many families throughout West- Thursday, September 22, 2011 a distinguished attorney, judge, businessman, ern New York. Mr. MARINO. Mr. Speaker, during the re- and Air Force officer; however, above all f Judge Powell was a true family man. He was cent severe flooding events that occurred in especially proud of being able to work with his PERSONAL EXPLANATION the 10th District of Pennsylvania, I remained in children and grandchildren in his law practice, home to assist people who had been im- and he loved nothing more than spending time HON. pacted. Due to this, I missed the votes that occurred from September 8 through 15. Had I with his family cheering his Gators to victory. OF CALIFORNIA been present I would have voted: Vote 693— Northwest Florida mourns the loss of a true IN THE HOUSE OF REPRESENTATIVES Aye; Vote 694—Aye; Vote 695—Aye; Vote leader, and his service to the community and Thursday, September 22, 2011 this Nation will not be forgotten. 696—Aye; Vote 697—No; Vote 698—Aye; Mr. Speaker, on behalf of the United States Ms. LEE of California. Mr. Speaker, I was Vote 699—Aye; Vote 700—Aye; Vote 701— Congress, it gives me great pride to honor the unable to cast my vote on the Motion on Or- Aye; Vote 702—No; Vote 703—No; Vote life of Judge Gillis E. Powell, Sr. and his living dering the Previous Question on the Martial 704—No; Vote 705—Aye; Vote 706—Aye; legacy. My wife Vicki and I extend our most Law Authority Rule. Had I cast my vote, I Vote 707—Aye; Vote 708—Aye; Vote 709— sincere condolences to the entire Powell fam- would have voted ‘‘no.’’ Aye; Vote 710—No; Vote 711—Aye. ily. f f f HONORING MENTAL ILLNESS CONGRATULATING MELISSA SEIBERT HONORING THE MEMORY OF PAUL AWARENESS WEEK 2011 WILLIAM BELTZ HON. RAU´ L M. GRIJALVA HON. JAMES B. RENACCI OF OHIO OF ARIZONA HON. BRIAN HIGGINS IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Thursday, September 22, 2011 IN THE HOUSE OF REPRESENTATIVES Thursday, September 22, 2011 Mr. RENACCI. Mr. Speaker, I want to con- Thursday, September 22, 2011 Mr. GRIJALVA. Mr. Speaker, I rise today to gratulate Melissa Seibert, of the Stark County Mr. HIGGINS. Mr. Speaker, Tuesday, Sep- recognize Mental Illness Awareness Week. Chapter of the American Red Cross, for re- tember 20, 2011 we lost a good and honor- Every year the American Psychiatric Associa- ceiving the Ohio Commendation Medal. This is able citizen and someone I considered a tion, the National Alliance on Mental Illness the highest Ohio military honor and is awarded friend. Mr. Paul William Beltz of Buffalo, New and the National Mental Health Association to only a few distinguished persons each year. York and North Palm Beach, Florida died at designate one week in October to put the It is presented to each person who, while a the age of 85 years old in his home in Buffalo spotlight on mental illness and the associated member of the state military forces, distin- surrounded by his loving family. policy issues. This year we recognize this im- guishes himself/herself while serving in any Mr. Beltz was one of Buffalo’s leading trial portant time on October 2nd through 8th. military capacity by meritorious achievement attorneys and founder of the law firm that Mental illness doesn’t discriminate. One in and in an outstanding manner. bears his name. He personified all that is hon- five Americans bear mental illness, ranging Melissa Seibert began her work with the est, all that is good in the legal profession and from mild depression to severe disorders such Red Cross in 1999, where she started as a built a firm that embodied Mr. Beltz’s honor- as schizophrenia and bipolar disorder. One in First Aid and Disaster Action Team volunteer. able reputation, his steadfast determination, five children endures a diagnosable disorder Shortly after, she was asked to be the Health unmatched work ethic and a firm that believed and one in ten children suffer from a serious and Safety Instructor; leading to a promotion in family and commitment to one’s family. disorder which, if unaddressed, can lead to to a position in the Health and Safety Services Mr. Beltz lived his life, and instilled in the poor school performance, social anxiety and Department. In 2004, Melissa became the As- lives of his children and grandchildren, that if seclusion and even violence against them- sistant Director of Emergency Services, and in you work hard, love your family and your selves and other people. Unfortunately, less 2008 was challenged with the opportunity to country and give back to your community, you than one-third of adults and less than half of develop a new Military Outreach program. will have truly lived. We are grateful to Mr. children receive treatment for diagnosed seri- The development of the Military Outreach Beltz who served our nation during World War ous disorders, leading to an average lifespan Program has become a vital part of the mili- II with the Army in the Pacific. 25 years less than the general population. tary community in the Stark County area. Mr. Beltz graduated from St. Bonaventure Organizations like the American Psychiatric Melissa’s passion and dedication has taken University and Cornell Law School and re- Association, the National Alliance on Mental the program to great heights, providing military ceived numerous recognitions for his contribu- Illness and the National Mental Health Asso- families in the community with much-needed tions to Education and Law. In 2001, Mr. Beltz ciation and their field partners work with mu- support, resources and strength. She provides was named Lawyer of the Year by the Erie nicipal and state governments to make sure support for military personnel during times of County Bar Association. In 2005, Mr. Paul Wil- those who need care have access to it. In my deployment and organizes many ‘‘Welcome liam Beltz received the Gaudete Medal, from district and around the country, local govern- Home’’ and ‘‘Send Offs’’ for the military men, St. Bonaventure University which recognizes ments such as the Pima County Board of Su- women and family members. Melissa is the business and community leaders for service in pervisors are working diligently to ensure high- foundation of the ‘‘Military Family Connection’’ the tradition of St. Francis of Assisi. quality, cost-efficient community mental support group, where family members of serv- Mr. Speaker, I wish to express my deepest healthcare is available. ice personnel meet to support each other and condolences to the family of Mr. Paul William However, there is still much work to be gain valuable information on many local re- Beltz, to his wife Catherine, his children Anne done. When there is a lack of mental sources. She also hosts quarterly ‘‘Psycho- and Phil Rimmler, Margaret and Bill Gellatly, healthcare in a community, we see more lost logical First Aid’’ programs for local families Kate and Steve Foley, John and Katherine jobs, more people out on the streets and more dealing with the stress and emotions that Beltz, Mary Elizabeth and Naill Falls, and Sara broken families. Often these communities see come with the deployment of a loved one. and Mario Rodriguez and to his sixteen grand- more emergency room visits, larger prison Ms. Seibert has successfully networked with children, as well as his surviving family and populations and higher social services costs countless military groups and associations in friends. It was evident from the first time I met all around. We must stay diligent in address- the community; strengthening the common Mr. Beltz that he was a kind and generous ing mental illness and always stay focused on bonds that tie these families together. She man who had earned the respect of many. Al- the individual. works closely with Blue Star Mothers, USO, though words cannot truly express the man Again, I want to recognize these organiza- the Regional Inter-Service Family Assistance that Paul William Beltz was, it is my hope that tions for their important work, and I urge those Committee and the Gold Star Mothers. In ad- the memories and stories of Mr. Beltz can who need help to ask for it. dition, Melissa participates on the board for

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HIGHLIGHTS Senate passed H.R. 2832, Generalized System of Preferences Act, as amended. Senate Chamber Action Measures Passed: Generalized System of Preferences Act: By 70 Routine Proceedings, pages S5849–S5920 yeas to 27 nays (Vote No. 150), Senate passed H.R. Measures Introduced: Twenty-three bills and two 2832, to extend the Generalized System of Pref- resolutions were introduced, as follows: S. erences, by the order of the Senate of Wednesday, 1599–1621, and S. Res. 274–275. Pages S5902–03 September 21, 2011, 60 Senators having voted in Measures Reported: the affirmative, and after taking action on the fol- Special Report entitled ‘‘Further Revised Alloca- lowing amendments proposed thereto: Pages S5853–91 tion to Subcommittees of Budget Totals for Fiscal Adopted: Year 2012’’. (S. Rept. No. 112–86) By 69 yeas to 28 nays (Vote No. 149), Reid (for S. 1599, making appropriations for Departments Casey) Amendment No. 633, to extend and modify of Labor, Health and Human Services, and Edu- trade adjustment assistance. (Pursuant to the order of cation, and related agencies for the fiscal year ending Wednesday, September 21, 2011, the amendment September 30, 2012. (S. Rept. No. 112–84) having achieved 60 affirmative votes, was agreed to.) S. 1601, making appropriations for the Depart- Pages S5853, S5873–78, S5881–82 ment of State, foreign operations, and related pro- Rejected: grams for the fiscal year ending September 30, 2012. By 34 yeas to 62 nays (Vote No. 146), Rubio (S. Rept. No. 112–85) Amendment No. 651 (to Amendment No. 633), to H.R. 2480, to amend title 5, United States Code, limit eligibility for trade adjustment assistance to to authorize appropriations for the Administrative workers who are laid off because of an increase in Conference of the United States for fiscal years 2012, imports from, or a shift in production to, a country 2013, and 2014, with an amendment. with which the United States has a free trade agree- S. 1151, to prevent and mitigate identity theft, to ment in effect. (Pursuant to the order of Wednesday, ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement September 21, 2011, the amendment having failed assistance, and other protections against security to achieve 60 affirmative votes, was not agreed to.) breaches, fraudulent access, and misuse of personally Pages S5857–60, S5866, S5878 identifiable information, with an amendment in the By 44 yeas to 52 nays (Vote No. 147), Thune nature of a substitute. Amendment No. 650, to require a report on the S. 1535, to protect consumers by mitigating the consequences of failing to act on trade agreements. vulnerability of personally identifiable information to (Pursuant to the order of Wednesday, September 21, theft through a security breach, providing notice and 2011, the amendment having failed to achieve 60 af- remedies to consumers in the wake of such a breach, firmative votes, was not agreed to.) holding companies accountable for preventable Pages S5866–73, S5879 breaches, facilitating the sharing of post-breach tech- By 48 yeas to 48 nays (Vote No. 148), Cornyn nical information between companies, and enhancing Amendment No. 634, to provide Taiwan with criti- criminal and civil penalties and other protections cally needed United States-built multirole fighter against the unauthorized collection or use of person- aircraft to strengthen its self-defense capability ally identifiable information, with an amendment in against the increasing military threat from China. the nature of a substitute. Page S5902 (Pursuant to the order of Wednesday, September 21, D1007

VerDate Mar 15 2010 06:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE1.REC D22SEPT1 smartinez on DSK6TPTVN1PROD with DIGEST D1008 CONGRESSIONAL RECORD — DAILY DIGEST September 22, 2011 2011, the amendment having failed to achieve 60 af- NOMINATIONS firmative votes, was not agreed to.) Committee on Banking, Housing, and Urban Affairs: Pages S5853–57, S5860–66, S5879–81 Committee concluded a hearing to examine the Child and Family Services Improvement and nominations of Alan B. Krueger, of New Jersey, to Innovation Act: Senate passed H.R. 2883, to amend be a Member of the Council of Economic Advisers, part B of title IV of the Social Security Act to ex- Executive Office of the President, David A. Mon- tend the child and family services program through toya, of Texas, to be Inspector General, Department fiscal year 2016. Page S5920 of Housing and Urban Development, and Cyrus Nominations Received: Senate received the fol- Amir-Mokri, of New York, to be Assistant Secretary lowing nominations: of the Treasury, after the nominees testified and an- Jacqueline H. Nguyen, of California, to be United swered questions in their own behalf. States Circuit Judge for the Ninth Circuit. Brian C. Wimes, of Missouri, to be United States EUROPEAN DEBT AND FINANCIAL CRISIS District Judge for the Eastern and Western Districts Committee on Banking, Housing, and Urban Affairs: of Missouri. Subcommittee on Security and International Trade Michael A. Hughes, of the District of Columbia, and Finance concluded a hearing to examine the Eu- to be United States Marshal for the Superior Court ropean debt and financial crisis, focusing on origins, of the District of Columbia for the term of four options and implications for the United States and years. global economy, after receiving testimony from 2 Army nominations in the rank of general. Nicolas Veron, Peterson Institute for International Page S5920 Economics, Domenico Lombardi, The Oxford Insti- tute for Economic Policy, and J.D. Foster, The Her- Messages from the House: Page S5900 itage Foundation, all of Washington, D.C.; and Measures Read the First Time: Pages S5900, S5920 Joachim Fels, Morgan Stanley, New York, New Enrolled Bills Presented: Page S5900 York. Executive Communications: Pages S5900–02 IMPROVING EDUCATIONAL OUTCOMES Executive Reports of Committees: Page S5902 Committee on Homeland Security and Governmental Af- Additional Cosponsors: Pages S5903–04 fairs: Subcommittee on Federal Financial Manage- Statements on Introduced Bills/Resolutions: ment, Government Information, Federal Services, Pages S5904–19 and International Security concluded a hearing to ex- amine improving educational outcomes for our mili- Additional Statements: Pages S5898–S5900 tary and veterans, after receiving testimony from Authorities for Committees to Meet: Senator Webb; Curtis L. Coy, Deputy Under Sec- Pages S5919–20 retary for Economic Opportunity, and Keith Wilson, Record Votes: Five record votes were taken today. Director, Education Services, both of the Veterans (Total—150) Pages S5878–79, S5881–82, S5885 Benefits Administration, Department of Veterans Af- fairs; Theodore L. Daywalt, VetJobs, Nashville, Ten- Adjournment: Senate convened at 9:30 a.m. and nessee; Ryan M. Gallucci, Veterans of Foreign Wars adjourned at 8:23 p.m., until 9 a.m. on Friday, Sep- of the United States, Reston, Virginia; Russell S. tember 23, 2011. (For Senate’s program, see the re- Kitchner, American Public University System, Ar- marks of the Majority Leader in today’s Record on lington, Virginia; and Greg Von Lehmen, University page S5920.) of Maryland University College, Baltimore. Committee Meetings TRIBAL LAW AND ORDER ACT ONE YEAR LATER (Committees not listed did not meet) Committee on Indian Affairs: Committee concluded an oversight hearing to examine the ‘‘Tribal Law and AFGHANISTAN AND IRAQ Order Act’’ one year later, focusing on improved Committee on Armed Services: Committee concluded a public safety and justice throughout Indian country, hearing to examine United States strategy in Af- after receiving testimony from Thomas J. Perrelli, ghanistan and Iraq, after receiving testimony from Associate Attorney General, and Brendan V. John- Leon E. Panetta, Secretary, and Admiral Michael son, United States Attorney for the District of South Mullen, USN, Chairman, Joint Chiefs of Staff, both Dakota, both of the Department of Justice; Larry of the Department of Defense. Echo Hawk, Assistant Secretary of the Interior for

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Indian Affairs; Pamela S. Hyde, Administrator, Sub- ally identifiable information, with an amendment in stance Abuse and Mental Health Services Adminis- the nature of a substitute; tration, and Rose Weahkee, Director, Division of Be- H.R. 2480, to amend title 5, United States Code, havioral Health, Indian Health Service, both of the to authorize appropriations for the Administrative Department of Health and Human Services; Troy A. Conference of the United States for fiscal years 2012, Eid, Indian Law and Order Commission, Denver, 2013, and 2014, with an amendment; and Colorado; Ivan D. Posey, Eastern Shoshone Business The nomination of David B. Barlow, to be United Council, Fort Washakie, Wyoming; Theresa M. States Attorney for the District of Utah, Department Pouley, Tulalip Tribal Court, Tulalip, Washington; of Justice. and Jacqueline Johnson Pata, National Congress of American Indians, Washington, D.C. PROTECTING SENIORS AND PERSONS BUSINESS MEETING WITH DISABILITIES Committee on the Judiciary: Committee ordered favor- Committee on the Judiciary: Subcommittee on Admin- ably reported the following business items: istrative Oversight and the Courts concluded a hear- S. 1151, to prevent and mitigate identity theft, to ing to examine protecting seniors and persons with ensure privacy, to provide notice of security breaches, disabilities, focusing on improving oversight of fed- and to enhance criminal penalties, law enforcement eral fiduciaries and court-appointed guardians, after assistance, and other protections against security receiving testimony from Kay E. Brown, Director, breaches, fraudulent access, and misuse of personally Education, Workforce, and Income Security, Govern- identifiable information, with amendments; ment Accountability Office; Deb Holtz, Minnesota S. 1408, to require Federal agencies, and persons Board on Aging Office of Ombudsman for Long- engaged in interstate commerce, in possession of data Term Care, St. Paul; Naomi Karp, AARP Public containing sensitive personally identifiable informa- Policy Institute, Washington, D.C.; Robert N. Bald- tion, to disclose any breach of such information, win, National Center for State Courts, Williams- with an amendment in the nature of a substitute; burg, Virginia; and Michelle R. Hollister, Solkoff S. 1535, to protect consumers by mitigating the Legal, PA., Delray Beach, Florida. vulnerability of personally identifiable information to theft through a security breach, providing notice and NOMINATION remedies to consumers in the wake of such a breach, Select Committee on Intelligence: Committee concluded a holding companies accountable for preventable hearing to examine the nomination of Irvin Charles breaches, facilitating the sharing of post-breach tech- McCullough III, of Maryland, to be Inspector Gen- nical information between companies, and enhancing eral of the Intelligence Community, Office of the criminal and civil penalties and other protections Director of National Intelligence, after the nominee against the unauthorized collection or use of person- testified and answered questions in his own behalf. h House of Representatives vide for an additional temporary extension of pro- Chamber Action grams under the Small Business Act and the Small Public Bills and Resolutions Introduced: 30 pub- Business Investment Act of 1958, and for other pur- lic bills, H.R. 3008–3037; and 5 resolutions, H. poses (H. Rept. 112–215). Page H6412 Con. Res. 81; and H. Res. 410–411, 413–414 were Speaker: Read a letter from the Speaker wherein he introduced. Pages H6412–15 appointed Representative Ellmers to act as Speaker Additional Cosponsors: Pages H6415–16 pro tempore for today. Page H6347 Reports Filed: Reports were filed today as follows: Recess: The House recessed at 11:15 a.m. and re- Supplemental report on H. Res. 409, waiving a convened at 12 noon. Page H6354 requirement of clause 6(a) of rule XIII with respect Office of Interparliamentary Affairs—Appoint- to consideration of certain resolutions reported from ment: Pursuant to section 103(c) of Public Law the Committee on Rules (H. Rept. 112–214, Pt. 2) 108–83 (2 U.S.C. 130–2), the Speaker appointed and H. Res. 412, providing for consideration of the Senate amendment to the bill (H.R. 2608) to pro-

VerDate Mar 15 2010 06:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE1.REC D22SEPT1 smartinez on DSK6TPTVN1PROD with DIGEST D1010 CONGRESSIONAL RECORD — DAILY DIGEST September 22, 2011 Janice C. Robinson as Director of the Office of Inter- Senate Referrals: S. Con. Res. 17 was referred to parliamentary Affairs of the United States House of the Committee on Foreign Affairs and S. 633 was re- Representatives. Page H6355 ferred to the Committee on Small Business. Recess: The House recessed at 1:34 p.m. and recon- Page H6355 vened at 3:34 p.m. Page H6366 Quorum Calls—Votes: Five yea-and-nay votes and Waiving a requirement of clause 6(a) of rule two recorded votes developed during the proceedings XIII with respect to consideration of certain res- of today and appear on pages H6373–74, H6374, olutions reported from the Committee on Rules: H6374–75, H6375, H6398–99, H6399 and H6410. The House agreed to H. Res. 409, waiving a re- There were no quorum calls. quirement of clause 6(a) of rule XIII with respect to Adjournment: The House met at 10 a.m. and ad- consideration of certain resolutions reported from the journed at 12:50 a.m. on Friday, September 23rd. Committee on Rules, by a yea-and-nay vote of 238 yeas to 182 nays, Roll No. 722, after the previous Committee Meetings question was ordered by a yea-and-nay vote of 240 yeas to 180 nays, Roll No. 721. Pages H6366–74 AFGHAN NATIONAL SECURITY FORCES Committee Election: The House agreed to H. Res. Committee on Armed Services: Full Committee held a 411, electing a Member to a certain standing com- hearing on Afghan national security forces. Testi- ´ mittee of the House of Representatives. Page H6376 mony was heard from Michele Flournoy, Undersecre- tary of Defense for Policy, Department of Defense; Transparency in Regulatory Analysis of Impacts and Lieutenant General Robert B. Neller, Director on the Nation Act of 2011: The House began con- for Operations, J–3, Joint Staff. sideration of H.R. 2401, to require analyses of the cumulative and incremental impacts of certain rules DEPARTMENT OF DEFENSE and actions of the Environmental Protection Agency. Committee on Armed Services: Panel on Defense Finan- Further proceedings were postponed. cial Management and Auditability Reform held a Pages H6360–66, H6374–89 hearing on the Department of Defense’s efforts to H. Res. 406, the rule providing for consideration improve payment and funds control. Testimony was of the bill, was agreed to by a recorded vote of 245 heard from Mark Easton, Deputy Chief Financial Of- ayes to 175 noes, Roll No. 724, after the previous ficer, Department of Defense; Daniel Blair, Deputy question was ordered by a yea-and-nay vote of 237 Inspector General for Auditing, Department of De- yeas to 184 nays, Roll No. 723. Pages H6374–75 fense; and Asif Khan, Director, Financial Manage- Recess: The House recessed at 7:55 p.m. and recon- ment and Assurance, Government Accountability vened at 9:41 p.m. Page H6389 Office. Small Business Program Extension and Reform U.S. SPECIAL OPERATIONS FORCES Act of 2011: The House concurred in the Senate Committee on Armed Services: Subcommittee on Emerg- amendment with an amendment to H.R. 2608, to ing Threats and Capabilities held a hearing on the provide for an additional temporary extension of pro- Future of U.S. Special Operations Forces: Ten Years grams under the Small Business Act and the Small After 9/11 and Twenty-Five Years After Goldwater- Business Investment Act of 1958, by a recorded vote Nichols. Testimony was heard from Michael D. of 219 ayes to 203 noes, Roll No. 727. Lumpkin, Acting Assistant Secretary of Defense, Pages H6389–H6410 Special Operations/Low-Intensity Conflict; and Ad- H. Res. 412, the rule providing for consideration miral William McRaven, Commander, U.S. Special of the Senate amendment, was agreed to by a yea- Operations Command. and-nay vote of 238 yeas to 176 nays, Roll No. 726, after the previous question was ordered by a yea-and- BUDGET PROCESS nay vote of 235 yeas to 177 nays, Roll No. 725. Committee on the Budget: Full Committee held a hear- Pages H6398–99 ing entitled ‘‘The Broken Budget Process: Perspec- Directing the Clerk to make a correction in the tives from Budget Experts.’’ Testimony was heard enrollment of H.R. 2608: The House agreed to H. from former Sen. Phil Gramm; former Rep. Jim Con. Res. 81, directing the Clerk of the House of Nussle; and public witnesses. Representatives to make a correction in the enroll- NATIONAL LABOR RELATIONS BOARD ment of H.R. 2608. Pages H6410–11 Committee on Education and the Workforce: Sub- Senate Message: Message received from the Senate committee on Early Childhood, Elementary, and Sec- today appears on page H6355. ondary Education held a hearing entitled ‘‘Culture of

VerDate Mar 15 2010 06:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE1.REC D22SEPT1 smartinez on DSK6TPTVN1PROD with DIGEST September 22, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1011 Union Favoritism: Recent Actions of the National heard from Stephen M. Lord, Director, Homeland Labor Relations Board.’’ Testimony was heard from Security and Justice Issues, Government Account- public witnesses. ability Office; and public witnesses. ENVIRONMENTAL PROTECTION AGENCY LEGISLATIVE MEASURES Committee on Energy and Commerce: Subcommittee on Committee on Natural Resources: Subcommittee on Na- Oversight and Investigations held a hearing entitled tional Parks, Forests and Public Lands held a hearing ‘‘Regulatory Reform Series #7—The EPA’s Regu- on the following: H.R. 2852, the ‘‘Action Plan for latory Planning, Analysis, and Major Actions.’’ Testi- Public Lands and Education Act of 2011’’; and legis- mony was heard from Lisa P. Jackson, Adminis- lation regarding the ‘‘National Forest County Rev- trator, Environmental Protection Agency. enue, Schools, and Jobs Act of 2011.’’ Testimony was heard from Harris Sherman, Under Secretary of CREDIT FOR CONSUMERS Agriculture for Natural Resources and Environment, Committee on Financial Services: Subcommittee on Fi- U.S. Forest Service, Department of Agriculture; Ron nancial Institutions and Consumer Credit held a Walter, Commissioner, Chelan County; and public hearing entitled ‘‘An Examination of the Availability witnesses. of Credit for Consumers.’’ Testimony was heard from LEGISLATIVE MEASURES Barry Wides, Deputy Comptroller for Community Affairs, Office of the Comptroller of the Currency; Committee on Natural Resources: Subcommittee on In- and Robert Mooney, Deputy Director for Consumer dian and Alaska Native Affairs held a hearing on the Protection and Community Affairs, Federal Deposit following legislation: H.R. 443, to provide for the Insurance Corporation; and public witnesses. conveyance of certain property from the United States to the Maniilaq Association located in SECURITIES AND EXCHANGE COMMISSION Kotzebue, Alaska; H.R. 444, to provide for the con- Committee on Financial Services: Subcommittee on veyance of certain property located in Anchorage, Oversight and Investigations of the Committee on Alaska, from the United States to the Alaska Native Financial Services and the Subcommittee on TARP, Tribal Health Consortium; H.R. 1461, to authorize Financial Services and Bailouts of Public and Private the Mescalero Apache Tribe to lease adjudicated Programs of the Committee on Oversight and Gov- water rights; H.R. 1556, to amend the Omnibus In- ernment Reform held a joint hearing entitled ‘‘Po- dian Advancement Act to allow certain land to be tential Conflicts of Interest at the SEC: The Becker used to generate income to provide funding for aca- Case.’’ Testimony was heard from Mary Schapiro, demic programs, and for other purposes; and H.R. Chairman, Securities and Exchange Commission; H. 2444, to amend the Indian Self-Determination and David Kotz, Inspector General, Securities and Ex- Education Assistance Act to provide further self-gov- change Commission; and David M. Becker, former ernance by Indian tribes, and for other purposes. General Counsel, Securities and Exchange Commis- Testimony was heard from Rep. Luja´n; Rep. Pearce; sion. Jodi Gillette, Deputy Assistant Secretary, Bureau of Indian Affairs, Department of the Interior; Robert HUMAN RIGHTS POLICY McSwain, Deputy Director for Management Oper- Committee on Foreign Affairs: Subcommittee on the ations, Indian Health Service, Department of Health Middle East and South Asia held a hearing entitled and Human Services. ‘‘Axis of Abuse: U.S. Human Rights Policy toward Iran and Syria, Part II.’’ Testimony was heard from LEGISLATIVE MEASURES public witnesses. Committee on Natural Resources: Subcommittee on Water and Power held a hearing on the following CHINA’S ONE-CHILD POLICY legislation: H.R. 1719, the ‘‘Endangered Species Committee on Foreign Affairs: Subcommittee on Africa, Compliance and Transparency Act of 2011’’; and Global Health, and Human Rights held a hearing H.R. 2915, the ‘‘American Taxpayer and Western entitled ‘‘China’s One-Child Policy: The Govern- Area Power Administration Customer Protection Act ment’s Massive Crime Against Women and Unborn of 2011.’’ Testimony was heard from Lauren Azar, Babies.’’ Testimony was heard from public witnesses. Senior Advisor to the Secretary, Department of En- TSA REFORM ergy; and public witnesses. Committee on Homeland Security: Subcommittee on GREEN ENERGY AGENDA Transportation Security held a hearing entitled ‘‘TSA Committee on Oversight and Government Reform: Full Reform: Exploring Innovations in Technology Pro- Committee held a hearing entitled ‘‘How Obama’s curement to Stimulate Job Growth.’’ Testimony was Green Energy Agenda Is Killing Jobs.’’ Testimony

VerDate Mar 15 2010 06:25 Sep 23, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D22SE1.REC D22SEPT1 smartinez on DSK6TPTVN1PROD with DIGEST D1012 CONGRESSIONAL RECORD — DAILY DIGEST September 22, 2011 was heard from Hilda Solis, Secretary, Department of Labor; Daniel B. Poneman, Deputy Secretary of En- Joint Meetings ergy, Department of Energy; and Keith Hall, Com- REVENUE OPTION AND REFORMING THE missioner, Bureau of Labor Statistics, Department of TAX CODE Labor. Joint Deficit Reduction Committee: Committee con- SMALL BUSINESS PROGRAM EXTENSION cluded a hearing to examine an overview of revenue AND REFORM ACT OF 2011 (CONTINUING options and reforming the tax code, after receiving APPROPRIATIONS, 2012) testimony from Thomas A. Barthold, Chief of Staff, Committee on Rules: Full Committee held a hearing on Joint Committee on Taxation. H.R. 2608, the ‘‘Small Business Program Extension RUSSIA’S UPCOMING ELECTIONS and Reform Act of 2011’’ (Continuing Appropria- tions, 2012). The Committee granted, by a record Commission on Security and Cooperation in Europe: Com- vote of 8 to 4, a rule providing for the consideration mission received a briefing on Russia’s upcoming of the Senate amendment to H.R. 2608. The rule elections and the struggle for public and competitive makes in order a motion by the chair of the Com- politics from Leon Aron, American Enterprise Insti- mittee on Appropriations that the House concur in tute, Ariel Cohen, Heritage Foundation, and Vladi- the Senate amendment with the amendment printed mir Kara-Murza, Solidarity, all of Washington, D.C. in Part A of the Rules Committee report accom- f panying the resolution, as modified by the amend- COMMITTEE MEETINGS FOR FRIDAY, ment printed in Part B of the report. The rule SEPTEMBER 23, 2011 waives all points of order against consideration of the motion. The rule provides that the Senate amend- (Committee meetings are open unless otherwise indicated) ment and the motion shall be considered as read. Senate The rule provides one hour of debate on the motion equally divided and controlled by the chair and Committee on Homeland Security and Governmental Affairs: ranking minority member of the Committee on Ap- to hold hearings to examine the nominations of Corinne Ann Beckwith, and Catharine Friend Easterly, both to be propriations. an Associate Judge of the District of Columbia Court of NASA Appeals, and Ronald David McCray, of Texas, to be a Member of the Federal Retirement Thrift Investment Committee on Science, Space, and Technology: Full Com- Board, 10 a.m., SD–342. mittee held a hearing entitled ‘‘NASA Human Spaceflight Past, Present, and Future: Where Do We House Go from Here?’’ Testimony was heard from Neil A. Committee on Armed Services: Subcommittee on Military Armstrong, Commander, Apollo 11; Captain Eugene Personnel and Subcommittee on Oversight and Investiga- A. Cernan USN (ret.), Commander, Apollo 17; and tions, joint hearing on Arlington Cemetery Reforms, 10 public witnesses. a.m., 2212 Rayburn. Committee on Energy and Commerce: Subcommittee on ENERGY POLICY AND TAX POLICY Health, hearing entitled ‘‘Examining the Increase in Drug Shortages.’’ 9:30 a.m., 2322 Rayburn. Committee on Ways and Means: Subcommittee on Se- Subcommittee on Oversight and Investigations, hearing lect Revenue Measures and Subcommittee on Over- entitled ‘‘From DOE Loan Guarantee to Bankruptcy to sight held a joint hearing on the intersection of en- FBI Raid: What Solyndra’s Executives Knew.’’ 9 a.m., ergy policy and tax policy, with a focus on the dual 2123 Rayburn. priorities of comprehensive tax reform and a sustain- Committee on Foreign Affairs: Full Committee, hearing able energy policy that addresses our economic, secu- entitled ‘‘Job Creation Made Easy: The Columbia, Pan- rity, and environmental needs. Testimony was heard ama, and South Korea Free Trade Agreement.’’ 9:30 a.m., from J. Russell George, Inspector General, Treasury 2172 Rayburn. Inspector General for Tax Administration; Richard Committee on Natural Resources: Subcommittee on Fish- E. Byrd, Jr., Commissioner, Wage and Investment eries, Wildlife, Oceans, and Insular Affairs, hearing to re- Division, Internal Revenue Service; and public wit- view the impact of minimum wage increases in American Samoa and the Commonwealth of the Northern Mariana nesses. Islands, 9 a.m., 1334 Longworth. INTELLIGENCE ACTIVITIES Committee on Oversight and Government Reform: Sub- committee on Government Organization, Efficiency and House Permanent Select Committee on Intelligence: Full Financial Management, hearing entitled ‘‘The Department Committee held a hearing of ongoing intelligence of Defense: Challenges in Financial Management.’’ 10 activities. This was a closed hearing. a.m., 2154 Rayburn.

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Committee on Science, Space, and Technology: Subcommittee hearing entitled ‘‘Review and Status of the Multi-Billion on Investigations and Oversight and Subcommittee on Dollar Department of Homeland Security Relocation Energy and Environment, joint hearing entitled ‘‘From Project in Washington, D.C. and Its Impacts on the U.S. NPOESS to JPSS: An Update on the Nation’s Restruc- Coast Guard.’’ 10 a.m., 2167 Rayburn. tured Polar Weather Satellite Program.’’ 10 a.m., 2318 Committee on Ways and Means: Subcommittee on Social Rayburn. Security and Subcommittee on Human Resources, joint Committee on Transportation and Infrastructure: Sub- hearing on work incentives in Social Security disability committee on Coast Guard and Maritime Transportation, programs, 9 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Friday, September 23 9 a.m., Friday, September 23

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: Resume consideration of H.R. ing business. 2401—Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011.

Extensions of Remarks, as inserted in this issue

HOUSE Higgins, Brian, N.Y., E1693, E1697 Murphy, Christopher S., Conn., E1694 Hoyer, Steny H., Md., E1689 Payne, Donald M., N.J., E1688 Bartlett, Roscoe G., Md., E1694 Johnson, Eddie Bernice, Tex., E1687 Peters, Gary C., Mich., E1687 Berkley, Shelley, Nev., E1685, E1689 Kucinich, Dennis J., Ohio, E1686, E1688, E1690, E1692 Reed, Tom, N.Y., E1695 Bishop, Sanford D., Jr., Ga., E1690 Lamborn, Doug, Colo., E1692 Renacci, James B., Ohio, E1697, E1698 Blumenauer, Earl, Ore., E1696 Latham, Tom, Iowa, E1683, E1685 Brown, Corrine, Fla., E1695 Lee, Barbara, Calif., E1697 Ribble, Reid J., Wisc., E1694 Coffman, Mike, Colo., E1686 Loebsack, David, Iowa, E1684 Sarbanes, John P., Md., E1687 Crawford, Eric A. ‘‘Rick’’, Ark., E1694 Lofgren, Zoe, Calif., E1693 Schakowsky, Janice D., Ill., E1685 Crowley, Joseph, N.Y., E1689 Luetkemeyer, Blaine, Mo., E1683, E1686, E1687, E1688, Sessions, Pete, Tex., E1693 Farr, Sam, Calif., E1683 E1688, E1694 Stivers, Steve, Ohio, E1695 Fitzpatrick, Michael G., Pa., E1692 McKeon, Howard P. ‘‘Buck’’, Calif., E1693 Sullivan, John, Okla., E1685 Frank, Barney, Mass., E1684 Marino, Tom, Pa., E1697 Wolf, Frank R., Va., E1691 Frelinghuysen, Rodney P., N.J., E1690, E1696 Miller, George, Calif., E1683 Woolsey, Lynn C., Calif., E1689 Gardner, Cory, Colo., E1690 Miller, Jeff, Fla., E1694, E1696 Young, Don, Alaska, E1684, E1686 Grijalva, Rau´ l M., Ariz., E1697 Moran, James P., Va., E1688, E1690

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