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

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

Vol. 157 WASHINGTON, TUESDAY, DECEMBER 6, 2011 No. 186 House of Representatives The House met at 10 a.m. and was endured 125 years of change, growth, day, December 4, New York Times enti- called to order by the Speaker pro tem- and service. Today, Consumers Energy tled, ‘‘How the Food Industry Eats pore (Ms. FOXX). delivers electricity and natural gas to Your Kids’ Lunch.’’ This has serious f 6.8 million of Michigan’s 10 million consequences for the 32 million chil- residents in all 68 counties of the dren who rely on school lunches, and DESIGNATION OF SPEAKER PRO State’s Lower Peninsula. often the breakfast program as well. TEMPORE For the past 125 years, Consumer En- Unfortunately, when one-third of our The SPEAKER pro tempore laid be- ergy has operated under the timeless children of school age, 6 to 19, are over- fore the House the following commu- principle: provide customers with safe, weight or obese, this matters. nication from the Speaker: reliable, and affordable energy service. There’s no denying that the institu- WASHINGTON, DC, This principle has played an integral tional and political forces combine to December 6, 2011. role of improving the quality of life for favor giving our kids unhealthy food. It I hereby appoint the Honorable VIRGINIA generations of Michigan residents. It doesn’t just shortchange the children FOXX to act as Speaker pro tempore on this also has been responsible for the and their families with huge medical day. growth of businesses and industries costs in the future from obesity, from JOHN A. BOEHNER, which provide jobs for millions of the diabetes and other problems. It also Speaker of the House of Representatives. State’s residents. poses problems for local farmers and f Since its beginning in 1886, the goal the local economy. The good news is that we know how MORNING-HOUR DEBATE of Consumers Energy was to deliver power to homes and businesses in cit- to fix this. Without help from the Fed- The SPEAKER pro tempore. Pursu- ies, towns, villages and even the most eral Government—or despite the Fed- ant to the order of the House of Janu- rural areas. In 1927, the company in- eral Government—there are areas ary 5, 2011, the Chair will now recog- stalled Michigan’s first rural power where the local governments are lead- nize Members from lists submitted by line, the 7-mile Mason-Dansville line, ing. In 2001, there were only six pro- the majority and minority leaders for thereby bringing power to rural farms grams that were farm-to-school, pro- morning-hour debate. for the first time. viding healthy produce and fruit that The Chair will alternate recognition Today, Consumers Energy continues found its way into the schools. There between the parties, with each party a proud tradition as an industry and are now more than 2,300 programs in- limited to 1 hour and each Member community leader. In celebration of its volving more than 10,000 schools across other than the majority and minority milestone anniversary, the company the country. leaders and the minority whip limited will award $125,000 each to 10 commu- On this House floor, I have referenced to 5 minutes each, but in no event shall nities for a total of $1.25 million for a pilot project that I think is a model debate continue beyond 11:50 a.m. programs and services that will in Abernathy School in Portland, Or- f strengthen those communities and egon, which I am privileged to rep- touch the lives of thousands of our citi- resent, but there are dozens more in CONGRATULATING CONSUMERS zens. my community. There are 160 edible ENERGY COMPANY ON ITS 125TH Madam Speaker, I ask my colleagues gardens around Oregon. California led ANNIVERSARY to join me in recognizing Consumers the way with special payments that are The SPEAKER pro tempore. The Energy’s 125th anniversary and wishing made to local school districts to pro- Chair recognizes the gentleman from them continued growth and success in vide opportunities to purchase local Michigan (Mr. WALBERG) for 5 minutes. the future. fruits and vegetables. It’s been followed Mr. WALBERG. Madam Speaker, it’s f by similar programs in D.C. and Maine. my great honor to recognize and con- Now, this doesn’t just deal with the gratulate Consumers Energy Company FRUITS AND VEGETABLES FOR health of kids. It also deals with the on its 125th anniversary. On this day SCHOOL CHILDREN health of local economies. When you 125 years ago, Consumers Energy The SPEAKER pro tempore. The are able to buy fresh fruits and vegeta- founders William A. Foote and Samuel Chair recognizes the gentleman from bles locally and put them into the Jarvis secured a street lighting fran- Oregon (Mr. BLUMENAUER) for 5 min- schools, it has a significant multiplier chise agreement with the city of Jack- utes. effect. Each dollar there actually has son, Michigan. What began as the illu- Mr. BLUMENAUER. Madam Speaker, more economic impact than a dollar mination of a dozen streetlights has there was a tough article in the Sun- spent on infrastructure or a dollar that

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 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.000 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8138 CONGRESSIONAL RECORD — HOUSE December 6, 2011 would be spent on food stamps. It’s one throughout the world, and it’s a project ning and getting these cards from of the most valuable economic impact that we are involved in in southeast throughout southeast Texas. generators, almost $2 of economic im- Texas through the Red Cross and Oper- Every year the number of cards that pact for each dollar invested, according ation Interdependence. are either taken or shipped gets to be more. The first year, it was 6,000. The to a study from Ecotrust. b 1010 Let’s accept the challenge to try to next year, 10,000 Christmas cards were help improve this process. There are And here’s how it works. It’s a way of shipped overseas. The third year, 16,000 some additional steps that can be having young school-age children con- cards. And, Madam Speaker, this year taken locally—don’t build or remodel nect with troops not only in our war kids from southeast Texas are shipping schools that don’t have kitchens. It’s zone, but other places in the world to our troops overseas 35,000 handmade simple, but it’s more cost effective to where our troops are serving America. cards, wishing them well, giving them do it when you’re constructing or re- It started several years ago when I Christmas greetings, saying some of modeling than to have to come back had the opportunity to go see our the most awesome things that only later. troops in the Middle East about this third-, fourth-, and fifth-graders could Let’s hold Members of Congress ac- time of the year. Before I left, my staff say. countable. Last month, we once again came up with the idea that maybe I So I want to thank those kids. I want on the floor of the House reaffirmed should take some Christmas cards and to thank Rikki Wheeler and the cham- the fact that pizza dough with a little holiday cards to our troops that were ber of commerce in Baytown. I want to bit of tomato sauce is a vegetable. serving overseas. And so they did all thank Ross Sterling High School, Hor- Maybe people in the course of this next the work and they were able to get ace Mann Junior High, Highlands Ele- year, when politicians are going to be schoolteachers to get their kids to vol- mentary, and I want to thank those out campaigning, may be able to pin unteer to make handmade Christmas teachers. God bless our teachers who them down on whether or not they be- cards. I took about 6,000 of those hand- work to have these kids volunteer to lieve pizza is a vegetable and whether made cards by third-, fourth-, and fifth- make cards for our volunteers overseas they will act to override that outrage. graders overseas. who won’t be home for Christmas, be- It’s also important to expand the On my way back from the Middle cause there’s an empty chair at the USDA pilot project that’s going to be East, I stopped off at the Landstuhl Christmas table where that soldier, starting next month in Florida and military base. That’s the place in Ger- that warrior, that sailor, that airman Michigan. Let’s see if we can give other many where our wounded warriors are is not there because they’re rep- States the opportunity for cash instead taken before they’re brought back to resenting the United States in lands of commodities, to be able to purchase the United States. I distributed those far, far away. And that’s just the way it is. these local products. This will give op- cards not only in the Middle East but portunities for our school districts to to our troops, and even our NATO f strengthen the local partnerships; to be troops, at Landstuhl. COMPUTER SCIENCE EDUCATION able to give kids healthy food; to be But here is what happened on the WEEK plane when I was going overseas—I able to model behaviors that are im- The SPEAKER pro tempore. The portant; and, most important, for the checked a couple of bags, but I took one bag on the plane with me. It was a Chair recognizes the gentleman from Federal Government to realign its in- Colorado (Mr. POLIS) for 5 minutes. night flight, flying overnight and arriv- terests away from large agribusiness Mr. POLIS. Madam Speaker, I rise ing in the daytime. I started going and in favor of the health of our chil- today to speak in support of Computer dren. through one of these suitcases that had Science Education Week, which started Now, in the midst of the rubble of the all of these cards in it. I was looking at this past Sunday, December 4, 2011, and so-called supercommittee, there was them, and the person next to me want- runs through Saturday, December 10. some good that came out of it. One ed to know what I was doing. I told him This week-long celebration of the good element was that there was not a these were from schoolkids back in teaching and learning of computer secret sort of farm bill that was embed- southeast Texas. He was passing them science is a call to share information ded that would have denied us the op- around. Before I knew it, these cards and host activities that will elevate portunity this year to reform farm leg- were up and down the aisles in that computer science education for stu- islation, because one of the simplest plane and I could hear sobbing and saw dents at all levels. things we can do is to move payments tears of emotion from some of the pas- In my district in Colorado, the com- from large agribusiness, put it in the sengers on the plane reading those puting achievements of 20 young hands of local schools, and local farm- cards from schoolkids connecting with women will be celebrated at an awards ers to be able to improve the health of our troops overseas. event for the Colorado affiliate of the our children and our local economy. When I came back to the Landstuhl Aspirations in Computing Award on f military base, some of our troops who the campus of the University of Colo- were wounded opened the cards and rado at Boulder. CHRISTMAS AND THE EMPTY wanted the nurses to put the cards on On Friday, representatives of Com- CHAIR the wall. Even NATO troops that were puter Science Education Week and the The SPEAKER pro tempore. The there from foreign countries had these Computer Science Teachers Associa- Chair recognizes the gentleman from cards that were made from American tion will be honored at the White Texas (Mr. POE) for 5 minutes. youth. House as Champions of Change, which Mr. POE of Texas. Madam Speaker, Madam Speaker, there’s something is part of President Obama’s Winning Thanksgiving is over and Christmas is about a warrior from the United States the Future initiative. just around the corner. All throughout opening up a handmade Christmas card Today in Harlem, New York, a com- America, families will gather to cele- from some kid in the United States. At pany is launching a new national ini- brate the traditions and festivities, and that moment, the darkness of war tiative, Tech Girls Rock, in collabora- be together and celebrate faith. But seems to disappear because of the tion with the Boys and Girls Clubs of there are some American families that brightness of a child. America. On Thursday, 200 third-grad- won’t have their entire family with I have had the opportunity to have ers will learn hands-on programing and them this year. There will be an empty these cards made by the kids in south- Web site development at Techie Club. chair at their table. That’s because east Texas now for 5 years. I say I’ve I’m marking this occasion by talking their loved ones serve in the U.S. mili- had the opportunity. I don’t do the to you about computer science edu- tary in lands throughout the world. work. My staff does the work, along cation and urging all my colleagues in War at Christmas is not new, and this with the chambers of commerce and all the House to support legislation I in- year will be no exception for many of the teachers. Everybody volunteers. troduced earlier this year, the Com- our warriors that are still on call, still When my staff does the work, it’s not puter Science Education Act, H.R. 3014. on duty serving America. But there is doing it on government hours. It’s Computing and information tech- a way to connect with our troops after work, it’s on the weekend, plan- nology is transforming our world—

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.049 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8139 driving innovation, driving job cre- SQUARING SOCIAL SECURITY AND yet been placed before Congress by ation, leading to entirely new multi- THE PAYROLL TAX CUT linking the cost of Social Security to million-dollar industries, and trans- The SPEAKER pro tempore. The the benefits that it provides. H.R. 3551 forming how we live and work for the Chair recognizes the gentleman from would give every American the choice better. California (Mr. MCCLINTOCK) for 5 min- of paying a lower payroll tax each year Computer science education prepares utes. in exchange for working a month students for the jobs of the future by Mr. MCCLINTOCK. Madam Speaker, longer. That’s all it would take to pay engaging and preparing them for ca- topping the list of unfinished business for itself—a month’s delay in retire- reers in high-paying occupations. But this year is the impending collision of ment for a year’s worth of tax relief. our education system is not currently two closely related crises: the expira- For the first time, individuals can producing enough graduates in com- tion of the payroll tax and the accel- make this choice to pay a lower payroll puting sciences and IT fields to meet eration of Social Security’s bank- tax based on their own circumstances the growing needs of the industry. In ruptcy. without further undermining the fiscal fact, the current pipeline of computing Last year, Congress voted for a pay- integrity of the Social Security system graduates will only fill 52 percent of roll tax cut that averages roughly or the financial security of those rely- the projected jobs. The other 48 percent $1,000 for every working family in ing on that system. For the first time, will either have to be filled elsewhere America. As warned, it failed to stimu- costs and benefits would be linked in a in the world or go unfilled. late economic growth and it acceler- manner that all consumers can under- If the U.S. is to continue to discover stand and judge for themselves based and develop the innovations that have ated the collapse of the Social Security system; but, as promised, it threw on their own circumstances. created new industries and transformed In a difficult year like this, I think others, we need to ensure a healthy every working family a vital lifeline in very tough economic times. most families would rather save the computer science workforce that’s extra tax and work the extra month. In skilled and large enough to meet our We need to meet three conflicting ob- jectives: We need to continue the pay- better times ahead, they may choose to growing needs. Women and many mi- pay the extra tax to maintain their re- nority groups are currently underrep- roll tax cut; we need to stimulate real economic growth; and we need to avoid tirement schedule. But it will be their resented among computing and IT pro- choice based on their needs, their fessionals as well as students, depriv- doing further damage to the Social Se- plans, and their best judgment, and not ing the Nation of a potential skilled curity system. the government’s. And by linking costs workforce and of the innovation that First, we need to understand that not with benefits, it will protect the long- results from diverse teams. all tax cuts stimulate lasting economic If we don’t address the issues causing growth. Cutting marginal tax rates term actuarial soundness of the Social too few students to take computer does so because it changes the incen- Security system, a fact that the Social science education classes in kinder- tives that individuals respond to; cut- Security system’s chief actuary has garten through 12th grade, as well as ting inframarginal tax rates, such as confirmed. college, our pipeline and our Nation’s the payroll tax, does not. But that pay- I’m excited to cosponsor Mr. future will be compromised. That’s roll tax cut did make a huge difference LANDRY’s bill and strongly and enthu- why I’ve introduced the Computer in the ability of working families to siastically recommend it to the mem- Science Education Act, which will help make ends meet in a time of declining bership of the House and to the leader- ensure that American students not family incomes and steadily rising ship. Mr. LANDRY has done an enor- only use technology, but also learn the prices. To restore that payroll tax rate mous service to every retiree who de- computing skills to invent technology today, given the economic pressures on pends upon the Social Security system, needed to grow and drive our economy. working families, is simply unthink- as well as to every working family I look forward to working with my col- able. struggling in America, by preserving the fiscal integrity of the system while leagues to include this piece of legisla- b 1020 tion in the Elementary and Secondary at the same time giving every Amer- Yet at the same time, the payroll tax Education Act reauthorization. ican a choice that links the tax they Computer Science Education Week is what supports the Social Security pay to the benefits they receive. And was established in 2009 by the Com- system. Last year, that system entered it’s an option they can exercise every puting in the Core Coalition to honor a state of permanent deficit, and this year without fear that a future con- Grace Murray Hopper, a pioneer in condition will worsen until the Social gressional act or failure to act might computer science who engineered a new Security system bankrupts in 2036. At sock them with a tax increase they programing language and developed that moment, every retiree will suffer can’t afford or hasten the collapse of a standards for computer systems to lay a sudden and permanent drop in bene- retirement system that many depend the foundation for many advances in fits of roughly 25 percent. upon for their economic survival. computer science from the late 1940s Further reducing the revenues into f through the 1970s. The U.S. House of that system will hasten this day of reckoning. Just as bad, in the inter- CUBS GREAT RON SANTO ELECTED Representatives has recognized Com- TO HALL OF FAME puter Science Education Week in the vening time the expanding Social Secu- second week of December over the past rity deficit will heap growing burdens The SPEAKER pro tempore. The 2 years. on the Nation’s already staggering pub- Chair recognizes the gentleman from Computer Science Education Week is lic debt. Now, some have proposed pay- Illinois (Mr. QUIGLEY) for 5 minutes. a collaborative activity of Computing ing for the inframarginal payroll tax Mr. QUIGLEY. Madam Speaker, in in the Core, a nonpartisan advocacy co- cut that doesn’t help the economy with case you were wondering, that noise alition. Its core partners are: the Asso- a marginal tax hike that actually you heard from above yesterday morn- ciation for Computing Machinery, harms the economy. Surely we can do ing was an old third baseman clicking Microsoft, Google, Computer Science better than that. Actually, Congress- his heels. Finally, on Monday morning, Teachers Association, the National man LANDRY of Louisiana has done bet- Ron Santo was inducted into the Na- Center for Women and Information ter, and I commend his proposal to the tional Baseball Hall of Fame. Technology—which is based in my dis- attention of the House. It avoids dam- Now, most people knew Ronnie as the trict in Colorado—IEEE Computer So- aging the Social Security fund while at nine-time All-Star and the five-time ciety, the Computing Research Asso- the same time offering families contin- Golden Glove winner, one of the top ciation, the College Board, and many, ued relief from crushing payroll taxes. hitters of his era, and the third base- many others. His measure, H.R. 3551, the Social Se- man on the Top 10 list in every statis- I encourage my colleagues to join me curity Preservation Through Indi- tical category. And many people knew in acknowledging the importance of vidual Choice Enhancement (or Ronnie as the lovable voice of the Chi- computer science for our future by rec- SSPICE) Act, constitutes the most re- cago Cubs, with whom we cheered ognizing Computer Science Education alistic and innovative approach to every home run, moaned every dropped Week this week. these twin and related crises that has fly ball, and laughed at life’s most

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.003 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8140 CONGRESSIONAL RECORD — HOUSE December 6, 2011 human moments in the booth, includ- I never had the honor to know Cody cording to the Congressional Budget ing a burning hairpiece. Norris personally, but I stand here Office and Senator JOHN MCCAIN’s eco- But for many years on the field, peo- today humbled by the fact that he and nomic adviser, Mark Zandi, unemploy- ple didn’t know that while racking up the hundreds of thousands of American ment insurance is one of the most ef- 342 home runs and hitting more than troops serving in our Armed Forces are fective forms of economic stimulus, 1,300 RBIs, Ronnie was struggling with willing to sacrifice so much so that we generating $1.64 for every $1 we invest diabetes. That’s because Ronnie ac- may sleep peacefully under the blanket in unemployment insurance. Failure to complished all of this from the roster, of freedom that they provide. extend unemployment benefits will re- not the disabled list, despite his phys- As a former naval aviator, I know all duce the gross domestic product by ical struggles. too well the sacrifices families make to nearly 1 percent and, by reducing eco- Ronnie wanted to be a great player, support their loved ones who serve in nomic activity, could put as many as 1 not a great player ‘‘under the cir- harm’s way. Cody Norris and his fam- million Americans out of work at a cumstances.’’ He fought hard on the ily, and the thousands of other families time when we’re trying to expand the field for his team, and courageously in who have lost loved ones in the defense economy. private for his health. He raised $60 of our country, have paid the ultimate With respect to domestic clean en- million and a lot of hope for juvenile price for our freedom. For them, in ergy production, renewing these incen- diabetes research and inspired many to many ways, the war never ends. tives will sustain one of the few private persevere against the odds. America can never repay the debt we sector success stories we’ve witnessed Ronnie died too soon, exactly 1 year owe to Cody Norris and his family, but during the Great Recession. Since 2007, ago this week. I wish he had lived to we can honor his family and his eternal the number of jobs in the American see this, but I know that he and Harry contributions to our liberty. Madam wind industry has grown 70 percent. So are sharing an Old Style together and Speaker, Cody Norris is a true Amer- today there are as many wind energy toasting to their favorite team. Here’s ican hero, and a grateful Nation says jobs as there are in the coal industry. to number 10, Ron Santo. Go Cubs. thank you. The number of solar industry jobs dou- f bled since 2007 to more than 100,000 f ARMY PRIVATE FIRST CLASS Americans. This surge in domestic CODY R. NORRIS b 1030 clean energy employment is a direct result of the 1603 Treasury Grant Pro- The SPEAKER pro tempore. The EXTEND THE PAYROLL TAX CUT, gram to support clean energy activity. Chair recognizes the gentleman from UNEMPLOYMENT INSURANCE Madam Speaker, as we continue to Texas (Mr. OLSON) for 5 minutes. AND DOMESTIC RENEWABLE EN- debate these expiring tax and benefit Mr. OLSON. Madam Speaker, I rise ERGY TAX INCENTIVES provisions, I’d caution my colleagues today to pay tribute to Army Private The SPEAKER pro tempore. The against holding them hostage to ad- First Class Cody R. Norris, who was Chair recognizes the gentleman from vance some extreme ideological agen- killed on November 9 during combat Virginia (Mr. CONNOLLY) for 5 minutes. da. Last week, the Senate minority operations in Kandahar Province, Af- Mr. CONNOLLY of Virginia. Madam leader brought legislation to the floor ghanistan. Speaker, all of us join with our col- which would have slashed Federal em- Cody was a proud Bulldog, a 2010 league in honoring that fallen hero. ployee wages and benefits while arbi- graduate of La Porte High School in La Madam Speaker, Congress must act trarily downsizing the Federal work- Porte, Texas. He was in Junior ROTC, force. a member of the Color Guard and the now to extend the payroll tax cut, unemployment insurance, and domestic As the Bureau of Labor Statistics Rifle Team. He was also a member of noted, public sector employment con- the Military Museum. renewable energy tax incentives. The effects of the Great Recession continue tinues to shrink by tens of thousands Cody deployed to Afghanistan while of jobs. A job is a job, whether it’s in he was assigned to Alpha Company, 2nd to linger in this economy, which is why a more robust recovery has not yet the public sector or the private sector. Battalion, 34th Armor Regiment, 1st One is not better than the other. Infantry Division—the Army’s oldest taken root. Our efforts in the last Congress, If Republicans had not been success- division, the ‘‘Big Red One’’—in Fort ful in cutting 535,000 public sector jobs Riley, Kansas. through the Recovery Act and the Job Creation Act at the end of last year, in this country, unemployment would He was a typical American teenager. actually be 0.35 percent lower. It would provided what momentum we actually He enjoyed working on his 1952 M37 be down to 8.25 percent today, not 8.6. have. The official unemployment rate Army truck that he drove to and from Cutting Federal employee pay and has now fallen to 8.6 percent as a result school. He was a Texan who enjoyed slashing the workforce would actually of 120,000 new jobs created just last paintball, deer hunting, playing video undermine the economic benefits of the month. That’s the lowest level in more games, and yes, hibachi food. payroll tax extension and the economic than 2 years and marks 21 consecutive Cody’s lifelong dream was to join the benefits we’ve all worked so hard to months of private sector job growth. Army. His time in Junior ROTC in high create. school motivated him to enlist in the But these gains will be at risk if Con- Similarly, we should reject attempts Army to serve his country. gress fails to extend the payroll tax to tie these economic recovery actions He always put others before himself cuts, domestic clean energy incentives, with partisan proposals to gut the and did so with a smile on his face and and unemployment benefits before the Clean Air Act. Republicans in the a kind word for those around him. He end of this year. House already have tried to pass 172 vi- had a gift for winning people over with The payroll tax cut provides the av- ciously anti-environmental bills, rid- his caring personality and always man- erage American worker $1,000 to spend ers, and amendment in this body this aged to cheer up those around him. or invest every year, having a positive year alone. Now, some in the Repub- Cody’s mother said that he lived life impact throughout the economy. Eco- lican Caucus have suggested pairing on his terms and always did what he nomic analysts at Barclays estimate the Clean Air Act repeals with an ex- believed was right, regardless of trends that the payroll tax cut alone will add tension of the payroll tax cut, a Faust- or what other people thought. He was another 1 percent to gross domestic ian bargain at best, Madam Speaker. well liked by his platoon mates and product growth, $250 billion in eco- Repealing these Clean Air Act stand- gained the admiration of others by con- nomic activity throughout the United ards for industrial boilers, for example, stantly carrying more than his fair States. Conversely, if we fail to extend would cost the U.S. economy $21 billion share. According to his brother Mi- that payroll tax cut, 160 million Ameri- to $52 billion per year in higher health chael, now a cadet at West Point, in cans will be facing a tax increase in care costs, real costs to the economy. Cody’s last battle, when his platoon January. Not surprisingly, some even have was attacked, he was carrying extra Similarly, 1.3 million Americans who proposed expediting approval of the ammunition. When he was killed, that are trying to get back into the work- Keystone XL pipeline in exchange for extra ammunition ultimately helped force will see their unemployment ben- the payroll tax extension. Again, we al- save his fellow soldiers, his friends. efits cut unless we renew them. Ac- ready have pipelines from Canadian tar

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.004 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8141 sands into America. According to inde- This week, hopefully, we’re going to Protection Bureau. And while our rules pendent economic analyses, the Key- pass a regulatory reform bill called the don’t allow us to meddle much in the stone pipeline could increase exports of REINS Act, whereby any new proposal Senate activities, I do want to spend a Canadian oil, not to the United States, that’s going to cost our economy over minute or two just talking about the but to China. I want to keep that oil $100 million by a Federal agency would importance of the nomination and con- here in this economy if we’re going to have to come back for an up-down vote firmation of Richard Cordray and the build that pipeline. by the United States Congress. I think importance of the Consumer Financial Madam Speaker, the Republican that puts accountability on our Fed- Protection Bureau, and talk a little bit leadership’s legislative sausage would eral agencies. about the background of why we have a shock Upton Sinclair, who wrote ‘‘The Number three, we need to pass some Consumer Financial Protection Bu- Jungle’’ 100 years ago. He said, It’s dif- tax reform. Unfortunately, in 121⁄2 reau. ficult to get a man to understand months we’re going to see the largest— The purpose of the Consumer Finan- something when his salary depends on under current law—the largest tax in- cial Protection Bureau is to promote a his not understanding. crease in American history. That is not fair, honest, and transparent market- Instead of wrapping special interest the proper way to go. That puts a cloud place to help consumers compare cost, policy-riders and polluter giveaways over the certainty and providing con- benefits, and risk of consumer finan- into a tax-extender package, Congress fidence for our businesses to want to cial products. Consumer financial prod- should focus on those policies which grow their businesses knowing that ucts are perhaps among the most com- are demonstrated job creators: payroll they’re looking at the largest tax in- plicated products that consumers have tax cuts, domestic clean energy incen- crease in American history. to deal with; credit card terms, mort- tives, and unemployment insurance ex- Fourth, we need an energy policy gages, and the kinds of things that re- tension. that encourages the development of resulted in a financial meltdown in our The economic recovery is too fragile, sources here in our country. We’re ex- economy. Madam Speaker, to risk on the higher porting almost $1 trillion a year and Now prior to the passage of the Dodd- health care costs, higher gas prices, many, many jobs overseas for energy. Frank Act, there was, in every one of and economic hardships that some of We don’t need to be doing that. the regulatory bodies, a responsibility these Republican proposals would oth- We’ve passed, on a bipartisan basis, to deal with consumer protection. Un- erwise create. our jobs plan. We currently have 25 fortunately, none of those agencies had f bills that we’ve passed on a bipartisan consumer protection and education as basis that would restore confidence and their highest priority. All of them were MAKING A DIFFERENCE BY FIXING looking at—not very well, I will say to THE ECONOMY get this economy moving in the regulatory reform areas and the budget. you—the safety and soundness of the The SPEAKER pro tempore. The I want to highlight the one at the top financial industry, the banks and var- Chair recognizes the gentleman from of the list, H.R. 872. That’s a bill that ious components of the financial indus- Ohio (Mr. GIBBS) for 5 minutes. I brought to this floor in March that try. And generally, they interpreted Mr. GIBBS. Madam Speaker, in about passed by a bipartisan supermajority, safety and soundness to be, as long as 3 weeks I will mark the anniversary of nearly 300 votes. The thing that I don’t these institutions are making a big my first year in Congress. I ran for understand that’s very frustrating to profit, they are safe and sound. And Congress because I thought I could me, that bill, as with the other 24 bills, they turned their backs on the inter- make a difference. I was concerned have gone over to the United States ests of the consumer, not knowing that about the direction this country was Senate and they’re stacking up like if the consumers purchased a lot of headed and, like many of my col- cord wood. They haven’t been acted on. very bad mortgages and got themselves leagues, we thought we could make a I think the American people deserve into a lot of very bad financial trans- difference, and we are making a dif- to have a full, open debate on the floor actions, that that would cause the ference. But we are frustrated because of the United States Senate on these whole system to come tumbling down. still, almost a year later, the economy bills and vote on them. They deserve So when we passed the Dodd-Frank is still in stagnation and many Amer- that. And that’s our jobs plan. And it’s bill, we put into the bill a provision to ican families are suffering. a jobs plan that moves us forward. create the Consumer Financial Protec- The way we fix the economy, in my I cannot implore enough that we tion Bureau so that there would be opinion, is we’ve got to restore con- need to have action on these bills that somebody in the Federal Government, fidence; and the way we do that is we will restore confidence and grow our some agency whose sole responsibility energize the American people. We re- economy. The future of our kids, the is to look out for the consumer; and of insert American innovation, entrepre- future of our country, our national se- course, a number of my colleagues, neurship, and the American spirit. curity is at stake; and we must pass both in the House and the Senate, have There’s four key areas I think to re- the jobs plan. been fighting this whole concept from store that confidence. One is we’ve got Spending more money and growing day one. They don’t like the fact that to cut this deficit spending. We’ve got government is not the answer. The an- there is a Consumer Financial Protec- to get our spending under control. We swer is commonsense regulatory re- tion Bureau, and they have vowed not passed a budget here in the House that form, tax reform, balanced budget, and to confirm any nominee that the Presi- cut almost $6 trillion over 10 years. an energy policy that develops and cre- dent sends over there to head this Unfortunately, the United States ates jobs here in America and moves us agency. The agency is doing good work Senate hasn’t passed a budget in over towards national security and already, but it needs a director. Despite not having a director, the 900-plus days. That’s not the way to get prosperity. our fiscal house in order. Consumer Financial Protection Bureau Additionally, when we passed our f has launched a number of initiatives, budget, we also put Medicare on a firm b 1040 most notably the ‘‘Know Before You reform plan so it’s here for the future. Owe’’ project which aims to simplify Number two, we need to have com- THE CONSUMER FINANCIAL mortgage disclosure forms and helps monsense regulatory reform. Right PROTECTION BUREAU students better understand the finan- now, in our $15 trillion economy, it’s The SPEAKER pro tempore. The cial aid process and repayment options. been reported that regulations are Chair recognizes the gentleman from These are things that are important to costing our economy $1.75 trillion an- North Carolina (Mr. WATT) for 5 min- consumers. They don’t necessarily nually. The Obama administration, by utes. make up the focus of financial entities, their own admission, has over 200 new Mr. WATT. Madam Speaker, later the big banks, the lenders, but our regulations in the pipeline that will this week, the United States Senate is whole economic system is based on an cost over $100 billion annually, and scheduled to consider the President’s educated consumer. And when con- that’s by their own admission, so I hate nomination of Richard Cordray as the sumers get into bad transactions, we to think how much more it could be. person to head the Consumer Financial suffer, as we have in this financial

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.006 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8142 CONGRESSIONAL RECORD — HOUSE December 6, 2011 meltdown. We have lost more wealth months to live. She beat the odds and cially low and, in turn, the price of from mortgages being under water fought to stay alive so that she could their exports into the United States, than from any other financial kinds of fight for her brother. Before her diag- American companies face an unfair dis- transactions. And if we had had a Con- nosis, Martina was a nurse, and she was advantage. American companies are sumer Financial Protection Bureau in also a veteran who served her country currently playing on an unlevel play- place when this calamity was taking in the 1992 Gulf war. ing field where their competitors are place, we wouldn’t be in the financial Martina’s illness eventually forced able to maintain a permanent sale on mess that we are in today. her to stop working for a living, but all the products they sell. As our trade f she continued to advocate for what was deficit increases with countries like important to her. In addition to her China, we lose American jobs. In fact, HONORING MARTINA CORREIA work on behalf of her brother, Martina the Economic Policy Institute released The SPEAKER pro tempore. The also was a leader of the National Black a study this fall showing that, between Chair recognizes the gentleman from Leadership Initiative on Cancer, where 2001 and 2010, the U.S. lost 2.8 million Georgia (Mr. JOHNSON) for 5 minutes. she advocated for a cure. Her mother, jobs, including nearly 62,000 jobs in my Mr. JOHNSON of Georgia. Madam Virginia Davis, died in April 2011 short- own State of Indiana, as a result of the Speaker, today I rise to honor Martina ly after her son, Troy Anthony Davis, expanding trade deficit with China. Correia, who passed away recently suffered defeat on his appeal. Martina The Senate has already acted on this from breast cancer. Martina was a cou- is survived by one son, Antone De’Juan issue. It passed the Currency Exchange rageous and inspiring woman who Davis-Correia; two sisters, Kimberly Rate Oversight Reform Act in October. proved what President Obama has and Ebony Davis; and one brother, Les- The passage of this bill assures that often said, ‘‘In the face of impossible ter Davis. correcting unfair trade practices is not odds, people who love this country can It was an honor for me to know a Democrat or a Republican issue— change it.’’ For decades, Martina Martina and an honor for me to meet rather, it’s an American priority. Six- fought for human rights in defense of her mother and an honor for me to teen Republican Senators joined 47 her brother, who was sentenced to meet her brother. I’m comforted in Democrat Senators in voting for this death based on unreliable eyewitness knowing that she will reunite with her bill to counter the currency manipula- testimony that was later recanted. dear mother and with her brother, tion that is damaging our economic re- Martina’s brother, Troy Anthony Troy, as their lives are linked for all covery. In a time of too much partisan Davis, was on death row for 20 years eternity. bickering, we need to take the oppor- until his execution this year. Strong and fearless, fighting to the tunity to work together and stand up Thanks to Martina, people rallied very end without giving up or giving for American businesses and American around Troy’s case and began to really in, she fought a great fight. And now workers. That’s what we were sent here think about how it is that a society it’s time to rest for a little bit, to do. such as ours can execute a potentially Martina. You rest in peace. But rest In addition to the Senate-passed bill, innocent man. Inspired by Martina, a knowing that the movement to abolish we have a piece of legislation, which is diverse array of men and women in the the death penalty will continue, and waiting for a vote right here in the United States and from around the with your example at the top of our House, with 225 cosponsors of both Re- world, people like Amnesty Inter- minds, we will never give up until the publicans and Democrats. That’s more national’s Laura Moye; NAACP Presi- job is done. than a majority. The Currency Reform dent Ben Jealous; Reverend Raphael f for Fair Trade Act would allow the De- Warnock, pastor of the historic Ebe- partment of Commerce to counter im- nezer Baptist Church where the rev- b 1050 ports, made cheaper by currency ma- erend Dr. Martin Luther King, Jr., once TAKING ON CURRENCY nipulation, with a corresponding tariff. pastored; British MP Alistair Car- MANIPULATORS A nearly identical bill passed the michael; former President Jimmy Car- House last year with 348 votes. The ter; Pope Benedict XVIth; and a large The SPEAKER pro tempore. The support is here. We just need to take group of other distinguished leaders Chair recognizes the gentleman from this vote. from around the world whose names Indiana (Mr. DONNELLY) for 5 minutes. When I travel around north central are too numerous for me to recognize Mr. DONNELLY of Indiana. Madam Indiana, I often hear from small busi- at this time. These folks banded to- Speaker, I rise today because it has nesses and manufacturers on this issue, gether to fight for Troy Anthony been weeks since the bipartisan major- and they never ask that Congress guar- Davis’ life. ity in the Senate passed legislation to antee their success. They simply ask From her humble roots in Georgia, take on currency manipulators. Weeks for a level playing field and to have the Martina led this international cam- have passed, and House leadership has rules the same for everybody. All they paign to save her brother and prove his refused to allow a stand-alone up-or- want is a fair fight. innocence. Martina advocated for jus- down vote on currency manipulation So, today, I echo my request from 2 tice and fought to save her brother’s legislation right here in the House of months ago to the House leadership: It life. And in so doing, she became a Representatives. Legislators from both is time. It is time for bipartisan legis- death penalty abolitionist in the move- sides of the aisle talk about the impor- lation that addresses currency manipu- ment to move America to renounce and tance of creating jobs every day. Why lation and to have a vote on it here in abolish the death penalty, whereupon wouldn’t we take this opportunity to the House of Representatives—a stand- America could finally join the ranks of work together to not only create jobs alone up-or-down vote. the other industrialized nations of the but to also protect the good-paying As I said then and as I’ll say again to world that have barred the use of this jobs we already have here in America? our House leadership: Who do you barbaric form of punishment. Recently, the Peterson Institute for stand with, the Chinese Government or She became an international human International Economics concluded the American workers? It is time to rights advocate, and it will, in part, be that China’s currency is undervalued stand up for our country—for all of the due to her efforts that we will one day by 24 percent against the dollar. That people who work in our country and for cheer the abolition of the death pen- means that America’s manufacturers all of our citizens. Let’s have a vote. alty in this country. I will remember are competing with Chinese manufac- f and thank Martina when we reach that turers who are enjoying a permanent 24 milestone in our development as a Na- percent off sale. Isn’t it time to do SMART SECURITY: A BETTER IN- tion and as a people. something about these problems, prob- VESTMENT THAN 10 YEARS OF Martina fought this battle for her lems that are damaging the U.S. econ- WAR IN AFGHANISTAN brother while fighting her own battle omy, and to stand up for American The SPEAKER pro tempore. The with breast cancer. You see, she was di- manufacturers? Chair recognizes the gentlewoman from agnosed with breast cancer 11 years When countries are allowed to keep California (Ms. WOOLSEY) for 5 min- ago, and at that time, she was given 6 the values of their currencies artifi- utes.

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.008 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8143 Ms. WOOLSEY. Madam Speaker, this granted the woman an unconditional PLEDGE OF ALLEGIANCE week, representatives from several na- pardon—she will be released from pris- The SPEAKER. Will the gentleman tions will meet in Bonn, Germany, to on without having to spend her life from Tennessee (Mr. FLEISCHMANN) discuss the future of Afghanistan. The with her attacker. come forward and lead the House in the Bonn Conference comes exactly 10 It’s a relief that moral decency pre- Pledge of Allegiance. years after the first Bonn Conference, vailed in this one case; but the fact Mr. FLEISCHMANN led the Pledge of which established the Karzai govern- that this qualifies as a human rights Allegiance as follows: ment. So right now is the perfect mo- victory in Afghanistan reveals just how I pledge allegiance to the Flag of the ment to assess and reflect on where we far we have to go. There are many United States of America, and to the Repub- are and where we’re going in Afghani- more Afghan women like her who suf- lic for which it stands, one nation under God, stan. fer humiliation every single day, who indivisible, with liberty and justice for all. By any measure, Madam Speaker, have no control over their destinies. f the war we have been waging in Af- The true measure of American leader- WELCOMING REVEREND BRYAN ghanistan for the last decade has been ship is what we do to help these women THIESSEN a failure. Our hard-earned tax dollars and so many other Afghans who want The SPEAKER. Without objection, have been tragically wasted on a policy nothing more than to live a decent life the gentleman from Pennsylvania (Mr. that has projected the worst image of of hope, freedom, and relative comfort. MURPHY) is recognized for 1 minute. America to the rest of the world. It has We won’t help by extending a war that undermined our interests and damaged There was no objection. has already failed these people and has Mr. MURPHY of Pennsylvania. Mr. our national security—and let’s not violated our most fundamental values. Speaker, I would like to introduce to- forget the human cost. More than 1,800 It’s time to bring our troops home and day’s guest chaplain, Pastor Bryan American families will sit at their ta- to make the transition to SMART Se- Thiessen of the Journey Assembly of bles over the holiday season—tables curity now. God Church in Bridgeville, Pennsyl- with a person missing. If we want to f vania. eliminate fallen warriors, we must RECESS Since the first House chaplain was bring them home while they’re still elected by Congress in 1789, it has been alive. The SPEAKER pro tempore. Pursu- tradition for a prayer to open the Hopefully, the Bonn Conference will ant to clause 12(a) of rule I, the Chair House’s daily floor proceedings, and I pivot us to the next phase of our Af- declares the House in recess until noon thank the Office of the Chaplain and ghanistan engagement: from military today. the Reverend Patrick Conroy for allow- occupation to constructive partner- Accordingly (at 11 a.m.), the House ing Pastor Bryan Thiessen to have the ship, from waging war in Afghanistan stood in recess until noon. opportunity to continue this tradition to helping in the spirit of peace and f and lead us in prayer. friendship. Ten years after we sup- AFTER RECESS Pastor Thiessen joined the posedly liberated them, the people of Bridgeville community in April of 2011, Afghanistan have enormous humani- The recess having expired, the House along with his wife, CaRanda Thiessen, tarian needs. We need to help them re- was called to order by the Speaker at and has been a driving force in improv- build their infrastructure, strengthen noon. ing the community since the moment their democracy, and safeguard the f he stepped foot in southwestern Penn- rights of their people, all of which can PRAYER sylvania. During Pastor Thiessen’s ten- be done for pennies on the dollar com- ure, he has seen his parish grow in size, pared to spending military dollars. In Reverend Bryan Thiessen, Journey which can directly be attributed to the short, we need the SMART Security Church, Bridgeville, Pennsylvania, of- exceptional work he has done in lead- approach that I’ve been advocating for fered the following prayer: ing his church. He has also been elected years. Father, we thank You for this Na- president of the Bridgeville Ministers In Bonn, President Karzai is saying tion, Your love, and, most of all, Your Association, where he leads that Afghanistan will require foreign forgiveness of sins. Bridgeville-area churches, nonprofit economic assistance for at least the We acknowledge, as Scripture states organizations, and community out- next 10 years. The estimated cost of $10 in James 1:5, that You are the giver of reach events. He also serves as the billion a year, which sounds like a lot all wisdom. May You give these men Christian education director of the for that support, makes you realize, and women, whom You have placed in Southwest Metro section of the Assem- however, that we’re spending at least leadership over this Nation, Your wis- blies of God. As director, Pastor that much, probably more, every dom in all their deeds and discussions. Thiessen guides 35 churches in Chris- month in Afghanistan. As a nation, we According to Romans 13, ‘‘Let every- tian education programs and ministries should eagerly embrace the responsi- one be subject to the governing au- in the southwestern Pennsylvania re- bility to make these relatively modest thorities, for there is no authority ex- gion. investments in nonmilitary aid to Af- cept that which God has established.’’ I especially thank Pastor Thiessen ghanistan. It’s the right thing to do, May these here be good stewards of and members of his parish for making and in the long run, we’ll discover it’s this responsibility, leadership, and the trip to Washington this morning. a far greater investment than 10 more Your gift of freedom for our Nation. The House is very pleased to have all of years of war. We ask for Your special protection them, and we are excited to hear the The past 10 years of war have done over our military and blessing for their words of the Lord he has chosen to little to improve the lives and to ad- families. We pray for our enemies, as share with us today. vance the rights, for example, of Af- You instruct us in Matthew 5:44. May f ghan women. Many of us are familiar their plans be thwarted, and may they with the story of the Afghan woman come to the love and grace that You ANNOUNCEMENT BY THE SPEAKER who was raped and then impregnated offer. PRO TEMPORE by a male relative when she was 19 In the only name through whom man The SPEAKER pro tempore (Mr. years old. She was then sent to jail for can be saved, Jesus Christ. Amen. FITZPATRICK). The Chair will entertain the crime of adultery. Her initial sen- f up to 15 further requests for 1-minute tence was 3 years; then, after a second speeches on each side of the aisle. THE JOURNAL trial, it was increased to 12 years, but f a judge offered her clemency under one The SPEAKER. The Chair has exam- condition—she had to marry the man ined the Journal of the last day’s pro- THE REINS ACT who raped her. At long last, Madam ceedings and announces to the House (Mr. WILSON of South Carolina Speaker, after a petition drive orga- his approval thereof. asked and was given permission to ad- nized by the woman’s lawyer yielded Pursuant to clause 1, rule I, the Jour- dress the House for 1 minute and to re- 6,000 signatures, President Karzai nal stands approved. vise and extend his remarks.)

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.009 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8144 CONGRESSIONAL RECORD — HOUSE December 6, 2011 Mr. WILSON of South Carolina. Mr. quire Americans to buy the new, spe- technology unless the White House Speaker, today the House will begin cial $3 government-approved light bulb. first certifies to Congress that Amer- consideration of the Regulations from Soon it will be against the law to sell ica’s missile defense will not be under- the Executive in Need of Scrutiny Act Thomas Edison’s incandescent light mined and that our technology will not of 2011, also referred to as the REINS bulb—the symbol of American innova- be proliferated. Act. This bill will require Congress to tion. Senator MARK KIRK of Illinois is approve any Federal regulation that This kind of government intrusion in blocking the Russian ambassador nom- will impact our economy by $100 mil- our lives has left many Americans in ination until the appropriate safe- lion or more. the dark about what’s next, and the guards exist that protect America’s The Small Business Administration government invasion into our lives is missile defense technology. I applaud estimates that regulations are costing only increasing. Since the Federal Gov- Senator KIRK’s efforts. our Nation’s citizens $1.75 trillion per ernment has taken the power to choose The NDAA is now in conference com- year. The current administration’s re- away from Americans, people are mittee. I urge the conferees to support port on Federal regulations listed over flocking to their local Wal-Marts to the HASC amendment and to safeguard 4,200 under development since last De- hoard the last of the incandescent light missile defense technologies that have cember and over 200 additional regula- bulbs. cost American taxpayers so much and tions proposed this year, costing con- Government controls so much of our that have helped protect America so sumers billions of dollars, destroying lives in the name that government is well. jobs. This fact is another example of smarter than we are; but for now, it’s f how out of touch the President is with turn out the lights—the party’s over HONORING UNIVERSITY OF TEN- the hardworking and deserving Amer- for Thomas Edison’s incandescent light NESSEE LADY VOLS BASKET- ican families. It is time for Congress to bulb. BALL COACH, PAT SUMMITT And that’s just the way it is. take action and stop the imposition of (Mr. FLEISCHMANN asked and was these job-killing policies that discour- f given permission to address the House age small businesses from growing and VOTER SUPPRESSION for 1 minute.) expanding. Mr. FLEISCHMANN. Mr. Speaker, (Mr. HOLT asked and was given per- In conclusion, God bless our troops, today I rise to recognize not only one mission to address the House for 1 and we will never forget September the of the greatest coaches of all time but minute and to revise and extend his re- 11th in the global war on terrorism. also one of the greatest people of all marks.) f time, the University of Tennessee Lady Mr. HOLT. Mr. Speaker, the national Vols basketball coach, Pat Summitt. FACTS ARE STUBBORN THINGS move to interfere with the voting Yesterday, Coach Summitt was (Mr. COURTNEY asked and was rights of eligible citizens is deliberate. named Sports Illustrated’s Sports- given permission to address the House In 2011 the number of States requiring woman of the Year, and there was no for 1 minute.) strict forms of government-issued IDs one more deserving than she. Not only Mr. COURTNEY. Mr. Speaker, Amer- has nearly quadrupled. Why the sudden is she the all-time winningest coach in ica’s third President, John Adams, increase? NCAA basketball history, having well once said, ‘‘Facts are stubborn things; Proponents claim that voter fraud is over 1,000 wins, including 16 SEC titles and whatever may be our wishes, our the driving force; yet there is no evi- and eight national championships, but inclinations, or the dictates of our pas- dence of this kind of deception. What she is also an exemplary role model for sion, they cannot alter the state of do they think? That there are droves of the students she coaches and is a shin- facts and evidence.’’ people sneaking across the southern ing ambassador for the university she Well, Mr. Speaker, the facts now border so they can vote or that there represents. show that the health care reform law is are 15-year-olds trying to sneak into Earlier this year, Coach Summitt working for America’s seniors. This voting booths, and so we’ve got to card was diagnosed with early onset demen- morning, CMS released figures that them? This is simply discrimination tia, Alzheimer’s type. While the news show that 2.7 million seniors saved $1.2 masquerading as orderly government. would be unbearable for many to take billion in 2011 with lower prescription The Brennan Center for Justice esti- at such a young age, Coach Summitt drug costs because the health care re- mates that one in 10 eligible registered has stayed on the sidelines and conform law is closing the prescription voters does not have the forms of ID tinues to coach the Lady Vols. She is, drug doughnut hole; 28,500 in Con- that are acceptable under these ex- again, leading by example and is show- necticut, 5,560 in my district, the Sec- panding State laws. We can’t stand by ing her players that, while life is full of ond Congressional District. The report and let big money and special interests obstacles, you can continue to achieve also shows that 24 million seniors have manipulate the results of elections by success through hard work and dedica- used the annual checkup that the enacting 21st-century poll taxes. Poll tion. health care reform law now provides taxes were thrown out decades ago as Thank you, Coach Summitt. I am free of charge, a smarter, more intel- discrimination and contrary to proc- glad you represent my alma mater. Go ligent way to pick up disease and ill- esses. Big Orange. ness for our elderly. f f As President Adams once said, SAFEGUARD MISSILE DEFENSE PROTECT THE MEDICARE ‘‘Facts are stubborn things,’’ and the TECHNOLOGIES PROGRAM facts show the health care reform law (Mr. BROOKS asked and was given is working for America’s seniors. (Mr. BUCSHON asked and was given permission to address the House for 1 permission to address the House for 1 f minute.) minute.) b 1210 Mr. BROOKS. Mr. Speaker, during Mr. BUCSHON. Mr. Speaker, as a the House Armed Services Committee’s cardiothoracic surgeon, I stand here THOMAS EDISON’S LIGHT BULB— review of the National Defense Author- today to voice my concern about the OUTLAWED ization Act, or NDAA, I successfully impending cuts to the Medicare pro- (Mr. POE of Texas asked and was proposed a two-tier amendment to program. I implore the Congress to craft a given permission to address the House tect America’s missile defense tech- multiyear fix to the SGR—ideally, a for 1 minute.) nology. permanent fix. This is a real threat to Mr. POE of Texas. Mr. Speaker, free- Tier 1 bars the White House from giv- seniors across the country. Each year, dom of choice is under attack by Wash- ing the Russian Federation any Amer- the Congress continues to play politics ington. The government wants to con- ican hit-to-kill or other sensitive mis- with seniors’ access to quality care. trol the light in homes and businesses sile defense technology. Tier 2 bars the This must end. throughout America. A new law bans White House from giving Russia any Seniors, some of our most vulnerable the incandescent light bulb and will re- American non-sensitive missile defense citizens, may not be able to see the

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.013 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8145 doctors of their choosing if Congress Mr. GINGREY of Georgia. Mr. Speak- of this groundbreaking way to deliver does not address this issue. According er, Medicare physicians are facing a 28 health care to our Nation’s folks. to the AMA, one in three physicians is percent cut come January 1, 2012, un- f limiting the number of new Medicare less this Congress acts to stop it. If left patients they see, and one in eight doc- alone, these cuts will force many phy- MEDICARE BENEFICIARIES AND tors is no longer taking new Medicare sicians to stop seeing Medicare bene- ACCESS TO CARE patients. That’s today. ficiaries, a move that could harm mil- (Mr. DESJARLAIS asked and was What is more disturbing than these lions of seniors who are in search of given permission to address the House immediate cuts is the fast approaching care. for 1 minute.) insolvency date. This is a critical prob- It is incomprehensible that congres- Mr. DESJARLAIS. Mr. Speaker, as lem. Ignoring the insolvency date of sional Democrats have already cut both a practicing physician and a Mem- 2024 puts our seniors’ care at risk, once Medicare provider rates as a way to ber of Congress, I have had numerous again, on an even larger scale than help pay for ObamaCare and that they discussions with patients and constitu- what we are facing today. again offered to cut provider rates dur- ents regarding how difficult it is for We cannot continue to bury our ing our debt negotiations this Con- Medicare beneficiaries to find access to heads in the sand. As a physician, on gress. care. behalf of my patients, let’s act now to Providers in my district and across Unfortunately, this dilemma will protect the Medicare program and en- this country have told me that if Con- only be exacerbated if Congress fails to sure access to quality care for Amer- gress continues to cut provider rates enact legislation by the year’s end for ica’s seniors. they won’t be able to see Medicare pa- the sustainable growth rate, the for- f tients, pure and simple. In fact, CMS mula in which physicians are paid for actuary Rick Foster has told us that HONORING LARIMER COUNTY treating seniors on Medicare. Without the cuts to hospitals in ObamaCare congressional action, physician reim- (Mr. GARDNER asked and was given alone will force 15 percent of these fa- bursement will be cut by 28 percent on permission to address the House for 1 cilities to close. The seniors in my dis- January 1, 2011, which will drastically minute.) trict tell me they can’t afford to lose hurt seniors’ ability to find medical Mr. GARDNER. Mr. Speaker, I rise their doctors. Let’s get a fix to this care. today to honor the 150th anniversary of problem done, and done permanently. For roughly 8 years, Congress has ap- Larimer County, Colorado. f plied a short-term fix to resolve these The first settlers arrived in 1858; and cuts. Republican doctors are com- Antoine Janis, who led the party, de- b 1220 mitted to enacting a permanent solu- clared the area of present-day Larimer THE BENEFITS OF HEALTH tion to the flawed SGR formula. Demo- County to be ‘‘the loveliest spot on SAVINGS ACCOUNTS crats had a chance to deal with this Earth.’’ Larimer County captures what issue during the passage of ObamaCare outsiders envision as Colorado’s true (Mr. BURGESS asked and was given but, instead, chose to cut roughly $525 beauty. The county is named after permission to address the House for 1 billion in Medicare. General William Larimer, an early minute and to revise and extend his re- Congress must have the courage to Denver settler and founder who was marks.) repeal the flawed SGR formula and cre- made the county’s namesake as a trib- Mr. BURGESS. Mr. Speaker, health ate a sustainable and reliable payment ute. savings accounts have been shown to schedule. From the farmlands, to the majestic lower health care costs and allow mountains, to the robust business sec- Americans to have more control over f tor, to the kind people, Larimer Coun- their money and their health care deci- HEALTH CARE REFORM ty is Colorado. sions. It is the sixth most populous county Recently the Bureau of Labor Statis- (Mr. FLEMING asked and was given in the State. While other areas of Colo- tics reported that 14 percent of all permission to address the House for 1 rado were settled and founded at the workers in the private sector now have minute.) prospect of gold and mining riches, access to a health savings account. The Mr. FLEMING. Mr. Speaker, nearly 3 Larimer County was different. It at- number of people with HSA-type ac- years ago, the President of the United tracted many settlers because of fertile counts rose to over 111⁄2 million in Jan- States stood in this Chamber and said lands and reliable water sources. uary, up from 10 million a year before we need health care reform to address Larimer County started as an agricul- and 8 million the year before that. ‘‘the crushing cost of health care’’ and tural area and continues to flourish in But, Mr. Speaker, health savings ac- to ‘‘strengthen Medicare for years to agriculture production today. Aside counts are at risk. Under the Afford- come.’’ from ag, Larimer County has a thriv- able Care Act passed in this House of Well, we got the President’s type of ing business and health industry, a March of 2010, by 2014 there will be a health care reform. Seniors had to help strong education system, picture-per- phase-in of what’s known as the med- pay for it, however, by removing $500 fect scenery, wonderful locations for ical loss ratio rules that may eliminate billion—a half trillion dollars—from outdoor recreation, and a top-tier re- the ability of HSAs to continue to Medicare in order to subsidize search university at Colorado State exist. It’s all in the hands of the Sec- ObamaCare. But guess what. That has University. retary of Health and Human Services, made Medicare even weaker. In my humble opinion, Rocky Moun- who, in the past, has not been favor- Today we’re trying to find billions of tain National Park in Larimer County ably disposed to HSAs. dollars to pay for another temporary is one of the most beautiful places in Now, Governor Mitch Daniels under- fix to Medicare reimbursement rates to the entire country and is the crown stands the power of consumer-directed ensure access by patients to their phy- jewel of our National Park System. It health care. Governor Daniels, when he sicians. Last year it cost $19 billion, is my honor to recognize Larimer came and talked to our Health Caucus and it will cost more in future years. County’s 150th anniversary on the a little over a year ago, talked about ObamaCare did not bend the cost House floor and acknowledge all that it his Healthy Indiana plan, a plan that curve down as it was promised; it just has to offer. in his State has allowed him to provide pushed the issue down the road. f for his State workers health care bene- Republicans are committed to get- fits that receive a positive approval ting the doc fix done and finding a per- A PERMANENT FIX TO STOP rating by 94 percent of his workers and, manent solution; but Medicare is run- MEDICARE PROVIDER CUTS at the same time, lowering costs by 11 ning out of money, and these fixes are (Mr. GINGREY of Georgia asked and percent. getting more expensive. It’s time to re- was given permission to address the This is the type of innovation that peal ObamaCare and replace it with re- House for 1 minute and to revise and the Affordable Care Act should have forms that truly strengthen Medicare extend his remarks.) fostered. Instead, it stands in the way for years to come.

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.014 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8146 CONGRESSIONAL RECORD — HOUSE December 6, 2011 AMERICANS DISTRUST THE A recent study conducted in 379 cities physicians is more important than NATIONAL MEDIA nationwide by USAA and Military.com ever. The sad fact is we are not paying (Mr. SMITH of Texas asked and was ranked Oklahoma City as the number our Medicare providers enough to keep given permission to address the House one city for a second career for mili- their doors open, much less accept new for 1 minute and to revise and extend tary retirees. Oklahoma City’s econ- patients. his remarks.) omy is boosted by a great combination In usual Washington fashion, past Mr. SMITH of Texas. Mr. Speaker, of veteran-owned businesses, defense Congresses have kicked the can down the Pew Research Center has found contracting companies, Federal work- the road; and if we don’t act before the that negative opinions about news or- ers, and Tinker Air Force Base. end of the year, physicians will face a ganizations now equal or surpass all- This study simply proves what Okla- 27 percent cut in their Medicare reim- time highs. In their poll, 66 percent of homans already know: Oklahoma is a bursement. those surveyed stated news stories are great place to live and to work. Okla- We need to come together and find a often inaccurate, and 77 percent think homa City has one of the lowest unem- better method to pay our Medicare that news organizations seem to favor ployment rates in the Nation and one physicians for the long term and in- one side over the other. And in a recent of the highest work ethics. Oklahoma clude it in a properly thought-out Gallup poll, Americans were asked how City is a great place to raise a family, health care reform. If we continue to much trust and confidence they have in start a new career or retire. allow these flawed policies, Medicare the mass media. A majority, 55 per- The vets who have chosen to live in patients will suffer, and we owe our cent, responded ‘‘not very much’’ or Oklahoma City are hardworking indi- seniors better. ‘‘none at all.’’ viduals with great skills, a great work Our seniors were made promises by Three years ago I started the Media ethic, and a love for our country. Mili- those that came before us serving you Fairness Caucus in Congress. This cau- tary retirees make long-lasting con- today, and I’m here to tell you that we cus helps encourage a free and fair tributions within their communities, will keep those promises. Taking up media as our Founders intended. The and they’re vital to our State’s suc- this important fix to health care before purpose of the caucus is not to censor cess. it’s too late will allow us to continue or condemn but to urge the media to My message to veterans across the to be the best Nation, a healthy Nation adhere to the highest standards of Nation who want to start a new busi- that we can be proud to leave our chil- their profession and to provide the ness or new career or find a new com- dren and our grandchildren. American people with the facts, bal- munity that honors vets for their serv- f anced stories, and fair coverage of the ice, you’re welcome to join us in Okla- b 1230 news. homa City. Our national media should be held f PROVIDING FOR CONSIDERATION accountable for their performance, just LOOMING CRISIS FOR OUR OF H.R. 10, REGULATIONS FROM like any other institution. We need to SENIORS THE EXECUTIVE IN NEED OF remind the media of their profound ob- SCRUTINY ACT OF 2011, AND FOR ligation to provide the American peo- (Ms. BUERKLE asked and was given OTHER PURPOSES permission to address the House for 1 ple with the facts, not to tell them Mr. NUGENT. Mr. Speaker, by direc- what to think. minute.) Ms. BUERKLE. Mr. Speaker, I rise to tion of the Committee on Rules, I call f call attention to a looming crisis for up House Resolution 479 and ask for its CONGRATS TO THE NIU HUSKIES our seniors. We are facing the very real immediate consideration. The Clerk read the resolution, as fol- (Mr. HULTGREN asked and was prospect of millions of Americans los- lows: given permission to address the House ing their access to health care pro- for 1 minute.) viders because of reductions in Medi- H. RES. 479 Mr. HULTGREN. Mr. Speaker, I rise care payments to physicians due to the Resolved, That at any time after the adop- today to congratulate the Northern Il- flawed Sustainable Growth Rate, SGR, tion of this resolution the Speaker may, pur- linois University Huskies football team formula. suant to clause 2(b) of rule XVIII, declare the Mr. Speaker, on January 1, 2011, the House resolved into the Committee of the for winning the 2011 Mid-American Whole House on the state of the Union for Conference championship. SGR formula will trigger a 27.4 percent consideration of the bill (H.R. 10) to amend Last Friday, the Huskies overcame pay cut across the board for Medicare chapter 8 of title 5, United States Code, to three first-half turnovers and a 20- physician services. According to the provide that major rules of the executive point deficit to defeat the Bobcats of AMA, in my home State of New York, branch shall have no force or effect unless a Ohio University with a last-second Mr. Speaker, the cut will amount to joint resolution of approval is enacted into field goal as time expired. The incred- $28,000 per physician. That loss makes law. The first reading of the bill shall be dis- ible win caps off another great season it harder for physicians to pay for of- pensed with. All points of order against con- fice staff, space, and equipment, which sideration of the bill are waived. General de- for the Northern Illinois University bate shall be confined to the bill and shall Huskies as they finished with a 10–3 translates, Mr. Speaker, to decreased not exceed one hour equally divided and con- overall record and now head to the access to care for many patients. trolled by the chair and ranking minority GoDaddy.com Bowl on January 8 to Many physicians have indicated that member of the Committee on the Judiciary. play Arkansas State. they will no longer accept Medicare pa- After general debate the bill shall be consid- Congratulations to the players, tients. Our seniors, Mr. Speaker, rely ered for amendment under the five-minute coaches, and support staff for all of the on Medicare, which they have paid into rule. In lieu of the amendment in the nature Huskies for another fantastic season. and has been there for them. of a substitute recommended by the Com- Go Huskies. Mr. Speaker, doctors want to provide mittee on the Judiciary now printed in the bill, the amendment in the nature of a sub- f care to our seniors, and we cannot stitute recommended by the Committee on allow Medicare payment cuts to pre- Rules now printed in the bill, modified by THE OKLAHOMAN: OKLAHOMA vent doctors from serving all of their CITY HAS MUCH TO OFFER MILI- the amendment printed in part A of the re- patients. Our doctors deserve better. port of the Committee on Rules accom- TARY RETIREES Our seniors deserve better. panying this resolution, shall be considered (Mr. LANKFORD asked and was f as adopted in the House and in the Com- given permission to address the House mittee of the Whole. The bill, as amended, for 1 minute and to revise and extend MEDICARE shall be considered as the original bill for his remarks.) (Mr. GOSAR asked and was given the purpose of further amendment under the Mr. LANKFORD. Mr. Speaker, I rise permission to address the House for 1 five-minute rule and shall be considered as read. All points of order against provisions today to praise the incredible people of minute.) in the bill, as amended, are waived. No fur- Oklahoma City and the wonderful com- Mr. GOSAR. Mr. Speaker, 10,000 older ther amendment to the bill, as amended, munity they’re building for our retired Americans are entering the Medicare shall be in order except those printed in part military veterans. system every day, so access to quality B of the report of the Committee on Rules.

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.017 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8147 Each such amendment may be offered only the work that our Founders intended United States businesses every year. in the order printed in the report, may be of- this institution, the first branch, to do: The 2011 Federal Register, the rules fered only by a Member designated in the re- to regulate. that are contained within, cost Amer- port, shall be considered as read, shall be de- Mr. Speaker, I know that regulations ican employers $93 billion in compli- batable for the time specified in the report have been a buzz word up here in Con- equally divided and controlled by the pro- ance costs, which equals about 1.8 mil- ponent and an opponent, shall not be subject gress recently, and I think it has be- lion jobs. to amendment, and shall not be subject to a come so popular, so frequently dis- Think about everything that job cre- demand for division of the question in the cussed because people within the Wash- ators could do instead of spending hun- House or in the Committee of the Whole. All ington Beltway are finally starting to dreds of millions of hours filling out points of order against such amendments are wake up to the fact that those in my paperwork for the Federal Govern- waived. At the conclusion of consideration of home State of Florida have been tell- ment, all of the jobs that could be cre- the bill for amendment the Committee shall ing me since before I ever came here: ated if they weren’t spending money rise and report the bill, as amended, to the that regulations matter. The govern- House with such further amendments as may complying with regulations that Con- have been adopted. The previous question ment can’t really do much to actually gress hasn’t even put on them, but reg- shall be considered as ordered on the bill and create jobs or to physically put people ulatory agencies have. amendments thereto to final passage with- back to work. We might wish it were H.R. 10 really does ‘‘rein’’ in these out intervening motion except one motion to so, but we don’t have the magic job for- burdens. Instead of letting the White recommit with or without instructions. mulas on either side of the aisle that House decide what the regulations SEC. 2. During any recess or adjournment we can use to suddenly create millions should be, only allowing Congress to of not more than three days, if in the opinion of jobs for the nearly 9 percent of disapprove an executive’s action, H.R. of the Speaker the public interest so war- rants, then the Speaker or his designee, after Americans who are currently out of 10 flips the current system on its head. consultation with the Minority Leader, may work. What we can do is create an en- b 1240 reconvene the House at a time other than vironment where real job creators— that previously appointed, within the limits small businesses and private compa- The REINS Act says if the executive of clause 4, section 5, article I of the Con- nies—can gain access to capital and op- branch wants to impose a major rule, a stitution, and notify Members accordingly. erate with as much regulatory cer- rule that’s going to cost $100 million or SEC. 3. Clause 3 of rule XXIX shall apply to tainty as possible. more, then Congress, this body, needs the availability requirements for a con- Unfortunately, it’s hard to create to approve that rule before it has the ference report and the accompanying joint such an environment when the execu- force of law. statement under clause 8(a)(1) of rule XXII. tive branch is constantly churning out In 2010, according to the Congres- The SPEAKER pro tempore. The gen- one major regulation after another. Ac- sional Research Service, executive tleman from Florida is recognized for 1 cording to the Congressional Research agencies published over 100 major hour. Service, during his first 2 years in of- rules. These basically are rules that Mr. NUGENT. Mr. Speaker, for the fice, Federal agencies under the leader- went into effect simply because the purposes of debate only, I yield the cus- ship of the Obama administration pub- President said it was so. The REINS tomary 30 minutes to the gentlewoman lished over 175 major rules. These regu- Act says: no more. from New York (Ms. SLAUGHTER), pend- lations impose tens of billions of dol- Now, once the executive branch ing which I yield myself such time as I lars annually on our economy and on issues a rule, Congress needs to ap- may consume. During consideration of consumers. This is on top of the con- prove it, otherwise it never takes ef- this resolution, all time yielded is for tinuing burden of redtape that we are fect. It’s stunning that something so the purpose of debate only. already up against, which the Small simple, that Congress should make the GENERAL LEAVE Business Administration estimates to laws, can be so contentious. Mr. NUGENT. Mr. Speaker, I ask cost $1.75 trillion—$1.75 trillion—year- I’ve heard my colleagues on the other unanimous consent that all Members ly. side of the aisle say if Congress just may have 5 legislative days in which to The Federal Register is sort of like wrote better, more precise laws, the revise and extend their remarks. the daily newspaper of the Federal Executive wouldn’t need to regulate The SPEAKER pro tempore. Is there Government. It holds all Federal agen- through these rules. The problem is objection to the request of the gency regulations, proposed rules and pub- that sometimes the executive branch tleman from Florida? lic notices, Executive orders, procla- agencies have shown they’re using There was no objection. mations, and other Presidential docu- their regulatory powers to circumvent Mr. NUGENT. Mr. Speaker, I rise ments. the legislative process. today in support of this rule, H. Res. According to the National Archives’ For example, after it was clear the 479. H. Res. 479 provides for a struc- Web site, you should read the Federal Senate wasn’t going to pass cap-and- tured rule so that the House may con- Register if, among other things, your trade, which really ought to be called sider H.R. 10, the Regulations from the business is regulated by the Federal cap-and-tax, the EPA just went ahead Executive in Need of Scrutiny Act. Government; if you’re an attorney; if and started regulating greenhouse The rule gives the House the oppor- your organization attends public hear- gases through the rulemaking process, tunity to debate a wide array of impor- ings; if you apply for grants; if you’re cutting Congress out of the process al- tant, germane amendments offered by concerned with government actions together. This year’s most expensive Members from both sides of the aisle. that affect the environment, health rule, the greenhouse gas/CAFE stand- Better known as the REINS Act, the care, financial services, exports, edu- ards, is estimated to cost $141 billion. underlying legislation is a pivotal bill cation, and other major policy issues. That’s greater than the entire GDP that would change the very way Wash- Reading this recommendation, it growth for the United States in the ington does business. sounds to me like they’re saying if first quarter of 2011. The REINS Act takes a step back and you’re an active and informed member We’re not all constitutional scholars. looks at our current regulatory proc- of the American public, you need to I’m certainly not. But if one thing is ess, where Congress passes broad, gen- know what’s in the Federal Register. clear, Congress is the one who makes eral laws and then lets the executive What they don’t mention is that the the laws. It’s not that Congress makes branch interpret and regulate them complete Federal Register is 72,820 the laws unless they don’t make the however they see fit. H.R. 10 brings us pages long. That’s over 145 reams of laws the President wants them to back to the vision that our Founding paper that contain regulations. To help make. The Regulations from the Exec- Fathers had for this Nation and for the put it in perspective, that’s 725 pounds utive in Need of Scrutiny Act brings us institution of Congress. It would en- of paper. And for my Floridian friends, back to the basic foundation of our sure that our three branches are co- that’s about three Josh Freemans, the government. It says that not only does equals, the way they were designed to quarterback for the Tampa Bay Bucs. Congress provide the legislative intent, be. H.R. 10 would hold Congress ac- Within these 73,000 pages of regula- but it also provides the legislative countable for setting America’s regu- tions are regulations that result in 120 oversight as the rule comes back if it’s latory policies. It makes Congress do million hours of paperwork burdens for a major rule that’s going to cost over

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.001 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8148 CONGRESSIONAL RECORD — HOUSE December 6, 2011 $100 million to our businesses and citi- national issues that demand our atten- The last thing they want to do is ex- zens of this country. tion when we should focus on jobs? tend its reach into vast new areas of That’s what we’re designed to do, to There’s no doubt in my mind that in our government. make tough decisions. That’s why I’m addition to making our workplace, But the Rules Committee’s primary so proud to cosponsor this bill. It’s why food, water, and airplanes less safe, responsibility in relation to H.R. 10 is I’m proud to sponsor this rule, and it’s H.R. 10 would endanger our fragile eco- to ensure the integrity of the legisla- why I’m proud to vote for both the rule nomic recovery, impeding job creation. tive process in the House. In sending and the underlying legislation. Having the right amount of safeguards H.R. 10 to the House floor, the com- With that, I encourage all of my col- against bad behavior is part of what mittee failed its responsibility. The leagues to vote ‘‘yes’’ on this rule and has made this country so economically sheer volume of additional measures ‘‘yes’’ on the underlying legislation. successful. We all know it was only the House and Senate would be re- I reserve the balance of my time. after the financial sector was deregu- quired to consider should H.R. 10 be- Ms. SLAUGHTER. I thank my friend lated so much that we had a cata- come law is enough to force Congress for yielding me the customary 30 min- strophic housing crisis and the reces- to come back into the Capitol and utes, and I yield myself such time as I sion. Indeed, what regulation there was work in shifts. Otherwise, we would may consume. basically looked the other way. Indeed, never get it all done. Mr. Speaker, there’s a very dan- in 2008 the Bush administration itself Even though President Obama’s ad- gerous and cynical game being played estimated that benefits to the economy ministration has promulgated new in the House. Americans need jobs now; for major rules outweighed the cost by rules at a slower rate than the Bush ad- and instead of spending our time on job at least 21⁄2 to 1. Possibly as much as 12 ministration did in his last 2 years, the creation, the majority continues to to 1, they said. 100 or so new major bills on our sched- waste time focusing on bills like this Mr. Speaker, I would be remiss if I ule would mean we would have to take one that make it easier for polluters to did not explain the violence this bill up seven of them a day on every other spoil our air and water; make it easier does to the process of passing the laws, Thursday just to try to get it done. In- for big banks to take the kind of risk the process executing the laws, and the evitably, we could not finish it all; and that brought on our recession; and important constitutional principle of under this ridiculous bill, it means we make it easier for unsafe products from separation of powers. The practical re- would vote on the rest without debate. China to poison our children. sult of this bill’s new, additional steps b 1250 The majority seems to think if they in the regulatory process would be to repeat their message that Big Govern- grind the wheels of government to a If the Rules Committee had bothered ment is destroying jobs enough times, halt. to hold any hearings on the bill, maybe it will become true. But economic sur- Our system of government already the majority would realize how dras- veys and economists from the left, has checks and balances built in to tically H.R. 10 undermines the delib- right, and center say it’s all a made-up make sure that the regulations do erative process in this House. argument. Bruce Bartlett, an econo- what Congress says they should. That Finally, I want my colleagues to mist who worked in the Reagan and is why we have oversight committees. know that this rule deems passage of a first Bush administrations, writes that After Congress writes the laws, there nongermane amendment that was writ- ‘‘regulatory uncertainty is a canard in- are numerous statutes and executive ten by Mr. RYAN, the chairman of the vented by Republicans that allows orders that ensure an open process as Budget Committee. The Republicans them to use current economic problems an agency writes the regulations, re- made an embarrassing discovery at the to pursue an agenda supported by the quiring them to listen to the stake- Rules Committee last week. They real- business community year in and year holders and the public, to conduct cost- ized that the hundreds of new measures out. In other words, it is a simple case benefit analyses, and justify every as- the House will consider under this bill of political opportunism, not a serious pect of the proposed rule. Congress also would actually violate both their new effort to deal with high unemploy- continuously keeps an eye on the exec- CutGo rule and the pay-as-you-go stat- ment.’’ utive branch by exercising its author- ute that Democrats put in place. So My friends on the other side of the ization, appropriation, and oversight the Republicans had a choice: they aisle know this bill won’t create jobs. functions. Furthermore, entities whose could either violate the budget rules a And here’s how we know. When the bill activities are regulated have access to hundred times every year or just pass is considered for amendment, they will the courts. an amendment to make these embar- block an amendment that simply says When Congress last considered a rassing violations vanish. Which one do if the independent experts conclude a nearly identical bill in the 1980s, now- you guess they chose? rule will create jobs, it can go into ef- Chief Justice John Roberts, who was This rule includes a magic amend- fect without all these time-consuming then an associate White House counsel ment that makes all the budget viola- extra steps. Why would we want to in the Reagan administration, criti- tions go away in a big ‘‘poof.’’ But slow down a rule that could create tens cized the legislation for ‘‘hobbling here’s the best part: They’re using the of thousands of jobs? If this bill will agency rulemaking by requiring af- famous deem-and-pass procedure, create jobs, like the majority claims, firmative congressional assent to all which means the mystery amendment what’s the harm in saying the bill does major rules.’’ He said that such a re- will be automatically adopted and the not apply when it conflicts with the quirement ‘‘would seem to impose ex- House will never vote on the Ryan important goal of creating more jobs cessive burdens on regulatory agen- amendment. for Americans who are out of work? cies.’’ I guess after all we’ve seen this year, The majority cannot have it both Justice Roberts was right then, and it should not surprise me that last ways, Mr. Speaker. he’s right today. Congress writes the Tuesday the majority blocked our It has now been a full 336 days since laws. We rely on professionals and ex- amendment to strip the special tax Republicans took control of the House, perts—doctors, engineers, microbiolo- breaks from big oil companies sup- and they have yet to put a real jobs bill gists, statisticians, and so forth—to posedly because it was nongermane. on the floor. But as of today, they’ve spell out the details of those policies so That was Tuesday. On Thursday, they made time for 23 bills that would roll the law can be implemented and en- just ignored the germaneness rule for back protections for public health and forced in a way that makes sense. this budget amendment. safety. They provided ample floor time If this bill is enacted, those decisions But, most importantly, Mr. Speaker, to de-fund public radio; to make it will instead be made by Members of we’ve had 336 days of Republican con- easier for felons to carry concealed Congress with no or little expertise in trol of the House with no jobs agenda. weapons; and to reaffirm our national what they’re talking about. In addi- It is imperative that we extend the motto, which did not need reaffirming; tion, with the staffs we now have, it payroll tax cut and the unemployment and, of course, did we want to micro- would be an impossibility for us to able benefits before Congress leaves Wash- manage light bulbs. Why? Does the ma- to do it. Americans are sick of ington for the holidays. That is why I jority really think these are pressing Congress’s political gamesmanship. will amend this rule to require those

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.020 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8149 votes if we defeat the previous ques- I hope that we can have bipartisan the voices that have been raised about tion. support on this very important piece of the jobs crisis in our country. These So I’m urging my colleagues on the legislation, the REINS Act. I urge my voices are speaking loud and clear. other side, please stop worrying about colleagues to vote for it. We should also listen to the quiet your campaign message and start get- Ms. SLAUGHTER. Mr. Speaker, I voices of desperation of so many Amer- ting the message: America’s top pri- yield 21⁄2 minutes to the gentleman icans who will sit down this Friday ority is job creation. from Massachusetts, a member of the night to try to pay their bills and find Let’s defeat this restrictive rule and Rules Committee, Mr. MCGOVERN. they have 70 cents worth of income for get back to work on jobs. Mr. MCGOVERN. Mr. Speaker, this every dollar’s worth of bills that they I reserve the balance of my time. Republican leadership is starting to have. Or the Americans who retired a Mr. NUGENT. Mr. Speaker, I yield 3 make me envious of the people of an- few years ago and thought that they minutes to the gentleman from North cient Rome, because although Nero were set for the rest of their lives but Carolina (Mr. MCHENRY). only fiddled while Rome burned, at are now looking at the want ads every Mr. MCHENRY. I thank my colleague least he did something. House Repub- day because they think they have to for yielding, and I am in favor of the licans, on the other hand, have brought get a job to continue to pay their bills underlying bill and the rule. yet another piece of legislation to this in their retirement. Or the quiet, anx- When I talk to small business owners floor that will do absolutely nothing, ious voices of small business owners in my district in western North Caro- not a thing, to address the number one who are thinking that maybe this Fri- lina, I hear very clearly that regula- issue facing our country—jobs. day will be the last Friday they keep tions and regulatory uncertainty is in Millions of Americans, through no their business open and they shut for fact costing jobs. It’s costing our econ- fault of their own, cannot find work. good. omy, and it’s making sure that unem- That means millions of families are These are the voices that should be ployment remains high, which is an ab- struggling to pay their bills, keep their heard in this country, and they’re not surd policy coming out of Washington. homes, and put enough food on the being heard by this majority. Well, I know from my small business table. And instead of facing this prob- Eighty-nine days ago, the President owners that regulations cost jobs. Even lem head on, Republicans here in Wash- of the United States came to this the Small Business Administration ington are turning a blind eye to the Chamber and proposed four good ideas here in Washington, D.C., says that needs of our neighbors. to put Americans back to work: Federal regulations cost $1.75 trillion You would think that with all the re- Build more roads and bridges and per year. That costs our economy, and cesses we take around here these days schools to put construction workers that is a major impact on our job cre- my Republican friends would hear from back to work—we haven’t taken a vote ators. We know that regulations cost their constituents about the still on that; Cut taxes of small business people jobs. struggling economy. I know that’s that hire people in the private sector— Now, some politicians in Washington what I hear about from the people of we haven’t had time to take a vote on that don’t understand business think Massachusetts. that their regulations create jobs. There are two things that we can and that; Take teachers and police officers and Well, they’re right; they create Federal must do before we break for yet an- fire fighters who have been taken off jobs. They create more government other holiday recess: extend the pay- the job because of this economic dis- employees. They create more people roll tax cut and extend unemployment aster at the State and local level and creating more paperwork for those who insurance. By refusing to bring the put them back in the classroom, put are trying to move our economy for- payroll tax cut to the floor, the Repub- them back on the job—the majority ward. We need to relieve our small licans are risking tax relief for 160 mil- hasn’t had time to vote on that; and, businesses of this regulatory hurdle lion Americans while protecting mas- and the challenges that they face. finally, sive tax cuts for 300,000 people making Let’s avoid a tax increase of $1,000 a The Obama administration admitted more than $1 million per year. year or more on middle class families 1 year ago at this time that they had Extending and expanding the payroll that’s coming January 1, in 25 days, over 4,000 regulations that they were tax cut would put $1,500 into the pock- January 1—but the majority hasn’t had trying to put in place actively. Over 200 ets of the typical middle class family. time to vote on that. of these regulations cost $100 million or Hundreds of thousands of jobs are at We do have time today to vote on the more on the economy, seven of which risk. Even Mitt Romney has come out Temporary Bankruptcy Judgeship Ex- will cost $1 billion, a negative impact in support of extending the payroll tax tension Act of 2011. This is entirely ap- of $1 billion. These regulations, even cut. If he can take a position, Mr. propriate. Bankruptcy judges are very the Obama administration admits, cost Speaker, I would hope that the House busy in America today because when the economy money. And if they cost Republicans could do the same. And small businesses don’t have customers the economy money, they’re costing every dollar invested in unemployment and customers don’t have money in jobs. insurance yields a return of $1.52 in their pocket and people don’t have jobs This is the wrong approach, this reg- economic growth. Again, hundreds of to pay their bills, bankruptcy judges ulatory approach. What we need to say thousands of jobs are at risk unless we are very, very busy. is, if politicians in Washington think act. these regulations are in fact good, they So instead of those simple, effective b 1300 need to proactively vote on them. measures to improve our economy and It is one thing for the majority to op- When I go home and talk to small spur job creation, we have before us yet pose these ideas the President brought business owners, they wonder how another waste of time. It is time to put here 89 days ago—that’s their preroga- these regulations actually go into the people of this country first. I urge tive and their right—but it’s quite an- place. It’s faceless bureaucrats working my colleagues to reject this rule, and I other to refuse to even put these ideas behind desks in Washington that put urge them to vote against the under- up for a vote. them in place. Their elected officials lying bill. So I would say, Mr. Speaker, to all of here in Washington may be able to go Mr. NUGENT. I reserve the balance our colleagues on both sides of the home and say they’re against them, of my time. aisle, let’s take this moment. Let’s but they’ve never had to cast a vote. Ms. SLAUGHTER. Mr. Speaker, I am take this bill, let’s take this day to put What the REINS Act does is say that pleased to yield 3 minutes to the gen- on the floor of the House legislation the elected officials that come to tleman from New Jersey (Mr. AN- that would postpone and cancel the tax Washington to represent their folks at DREWS). increase on middle class Americans home need to proactively put their (Mr. ANDREWS asked and was given that’s due in 25 days. stamp of approval or disapproval on permission to revise and extend his re- Let’s not have it. And let’s extend these regulations. That way we can get marks.) jobless benefits for those who are dili- this economy going again. That’s what Mr. ANDREWS. Mr. Speaker, the gently trying to find a job in this dif- we need to be about. Members of the House should listen to ficult economy. Let’s find time to do

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.022 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8150 CONGRESSIONAL RECORD — HOUSE December 6, 2011 something for the American people American families deserve better ference between having a roof over today. leadership than this. Right now, Con- your head and living on the streets.’’ Mr. NUGENT. I continue to reserve gress should be doing everything in its He says: ‘‘I just hope you can encour- the balance of my time. power to create jobs, rebuild our age your fellow House Members to put Ms. SLAUGHTER. Mr. Speaker, I am schools and infrastructure, support our the livelihood of millions of Americans pleased to yield 3 minutes to the gen- small businesses, get our economy above their petty politics.’’ tlewoman from Connecticut (Ms. moving again. That means passing an Above the petty politics. That’s what DELAURO). extension and expansion of the payroll we’re facing right now. If we extend un- Ms. DELAURO. Mr. Speaker, while tax cut; that means passing an exten- employment insurance benefits, it’s this body wastes its time debating yet sion of the unemployment insurance not just good for John and his family; another bill that does nothing to cre- benefits. it’s not just good for the hundreds of ate jobs or help the middle class, the Working to create jobs, that’s our thousands of people that would lose American people are looking for action job. We do not have the luxury to their unemployment benefits over from us. We need to stop supporting waste America’s time catering to the 500,000 in January. It is also good for handouts for wealthy corporations and wealthiest interests in our society and the economy. Every dollar generates a pass an extension of the payroll tax considering ill-conceived bills such as $1.52 in economic activity in the coun- and unemployment benefits imme- this one. try. diately. Mr. NUGENT. I continue to reserve These are the things that the Amer- Despite saying for months, if not the balance of my time. ican people at this holiday season are years, that tax cuts are their most im- Ms. SLAUGHTER. Mr. Speaker, I am worrying about, are afraid of. He calls portant priority, the majority has pleased to yield 2 minutes to the gen- it scary. He’s afraid. And we’re dealing failed to act on a critical extension of tlewoman from Illinois (Ms. SCHA- with this pettiness right now. Let’s get the payroll tax, even though it would KOWSKY). over it and on with the business of the save the average American family Ms. SCHAKOWSKY. I thank the gen- people. $1,500 a year; 400,000 jobs will be lost if tlewoman for yielding to me. Mr. NUGENT. Mr. Speaker, I yield 3 we do not pass this payroll tax exten- I am really confused. I know that minutes to my fellow Rules member, sion. many of my Republican colleagues The majority has also failed to act on have signed a pledge that said that the gentleman from Utah (Mr. BISHOP). extending unemployment insurance never will they raise taxes on anybody, Mr. BISHOP of Utah. I thank you for benefits, even though UI has kept the Grover Norquist pledge. I think it’s the time. 900,000 kids out of poverty last year. In a silly idea to sign such a thing, but Mr. Speaker, I will apologize in ad- fact, the number of Americans in pov- most have done that. vance for actually talking on topic erty would have doubled last year if Yet it does seem that when it comes here. the unemployment insurance benefits to middle class tax cuts, there’s this In 1791, the Second Session of Con- had not been extended. And at least little hesitation going on. Do we really gress, John Page was a Congressman 200,000 jobs will be lost if the majority mean cutting taxes for the middle from Virginia, and he objected to his blocks an extension of benefits. class? Do we mean preserving tax cuts peers who wanted to leave and let the But instead of acting on these two for the middle class? Or are we just designation of postal routes be left to important priorities, what does the Re- talking about the wealthiest Ameri- the President. They trusted the Presi- publican majority spend its time on? cans? dent, justifiably, but John Page threat- We have seen them protect wasteful Right now, if we don’t move ahead ened his colleagues by saying that if we tax breaks for corporate jet and race with extending the payroll tax cut, do so he will move to adjourn and leave horse owners, corporate subsidies for that’s what most, that’s what all work- all the objects of legislation to the Big Agriculture, Big Oil, special tax ing families pay, their payroll taxes. President’s sole consideration and di- treatment for Wall Street millionaires You know, we hear, oh, the wealthy, rection. and billionaires, and now this mis- that the wealthy are paying all the in- b 1310 guided bill, which would undermine our come taxes. Yeah, most people would regulatory system to the detriment of like to pay income taxes. But they Now, the issue at hand back in 1791 everything from food safety to pro- definitely pay payroll taxes if they’re was not necessarily what roads and tecting the environment without doing working. And they’re risking 160 mil- routes should be taken, even though anything to create jobs. lion Americans who would not get tax they did have an economic impact. The Time and again, the majority has relief if we don’t extend the payroll tax issue was who should designate those shown that they will go to any lengths cut for working families. routes because every rule and regula- to side with the wealthiest 1 percent of So we need to do that before we tion is, by definition, a legislative Americans, while turning their backs leave. But, instead, we’re talking about function. It is not a function of the ad- on middle class and working families. some way to stop any kind of regula- ministration that should be given to To take one more example, this past tions, further health and safety regula- the President or the bureaucracies that week Democrats introduced a payroll tions, making it hard to do that. are created because of it. It is a con- tax cut for 160 million people, offset by I got a letter from someone talking gressional function. But we do not take raising taxes on 350,000 millionaires. about the unemployment insurance the time to make the details in our But the Republican majority instead and extending those benefits. He says, particular piece of legislation. When put forward a package that would slash this is from John, in my district: ‘‘I’m we simply ask in our legislation that a the Federal workforce, raise Medicare a Desert Storm Veteran and lost my Secretary in a department shall have premiums, curtail the social safety job October 21, 2010. I’ve been drawing the power to write rules and regula- nets. unemployment and am now on ex- tions and then leave it at that, we are Instead of just having America’s tended unemployment benefits. I, like abrogating our responsibility. wealthiest families pay their fair share millions of Americans, would rather be ‘‘Country of origin’’ labeling sounded of taxes, the majority would rather see working 80 hours a week if possible. like a great idea. We should know if we more lost public jobs and less support The job market is scary, but what’s are buying American beef. Even though for middle class families, all in order to worse is the thought that we might be it was passed before I became a Mem- continue a tax cut that independent without that last bit of a safety net ber of Congress, it was my eighth year economists agree is critical for our come the end of December.’’ in Congress before they were able to economy. The SPEAKER pro tempore. The write the rules because Congress did Keep in mind the Republican mantra time of the gentlewoman has expired. not take the time and effort to go in recent memory has always been that Ms. SLAUGHTER. I would be happy through the details of understanding tax cuts never, never need to be offset. to yield my colleague an additional what we were doing when we are pass- And a year ago they said the same of a minute. ing legislation. payroll tax cut. They’ve now changed Ms. SCHAKOWSKY. John continued: The States—my home State—has an their tune. ‘‘These benefits for many is the dif- administrative review committee that

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.024 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8151 reviews every rule and regulation, be- they are going to lay off 74 people be- thereby, cost the U.S. economy 528,000 cause these are rules and regulations cause of regulations coming from this jobs. that our people must obey, and if they town. And you talk a lot about the 99 And the nonpartisan Congressional don’t, they are subject to jail and fines; percent. These are part of the 99 per- Budget Office has indicated that pro- and it is done by a nameless executive cent, people that are now not going to viding extended unemployment bene- bureaucracy that has no accountability have a job because of regulations and fits is one of the most effective job cre- to the people by ballot box, nor do they rules that are shutting down our power ation strategies available during a pe- have it to us. We can simply say, Well, sources in Wisconsin. riod of high joblessness, stating, I’m sorry about the situation. They, So you can advocate for unemploy- ‘‘Households receiving unemployment over there, did it, instead of taking the ment—and I’m happy that you are benefits tend to spend the additional time to do our responsibility. I am told doing it—because your rules and regu- benefits quickly, making this option that we need experts over in the execu- lations and the policies that you advo- both timely and cost-effective in spur- tive branch to do this. cate for are causing 74 people in my ring economic activity and employ- The Founding Fathers designed the district to now go on unemployment. ment.’’ situation in this country so that people That’s unacceptable. Let’s advocate for The choices facing us today couldn’t could make judgments for themselves. pro-growth policies that are going to be any clearer. That’s why, Mr. Speak- The idea of needing experts only came help American businesses, entre- er, if we defeat the previous question, I in the late 1800s, early 1900s when an preneurs, and manufacturers compete will offer an amendment to the rule to individual, who eventually became in the global competition. If we con- require that we vote on an unemploy- President, wrote a book about Congress tinue down this path, we are going to ment benefit extension and that we without ever having visited Congress. see more businesses go overseas, taking vote on a payroll tax holiday extension And in that, he claimed this balance of with them the jobs of the people who for next year before we leave for the power, this separation of responsibil- work in our districts. holidays. ities was, in his words, ‘‘constitutional So with that, I think we should all Mr. Speaker, I ask unanimous con- witchcraft.’’ From that time on, we de- have a real conversation about the sent to insert the text of the amend- cided to abrogate legislative responsi- REINS Act and not about payroll tax ment in the RECORD along with extra- bility and simply give it to the other and an unemployment extension. neous material immediately prior to branch, like it’s one of those simple Mr. NUGENT. Mr. Speaker, I have no the vote on the previous question. things. further requests for time and am ready The SPEAKER pro tempore. Is there Congress has passed 16 jobs bills in to close. objection to the request of the gentle- the House and sent them over where Ms. SLAUGHTER. I am prepared to woman from New York? the Democrat majority in the Senate close as well. There was no objection. has refused to deal with any of those The SPEAKER pro tempore. The Ms. SLAUGHTER. Mr. Speaker, I bills. Congress is now also dealing with Chair recognizes the gentlewoman from urge my colleagues to vote ‘‘no’’ and a variety of regulation bills which New York. defeat the previous question so that we harm our ability to be economically Ms. SLAUGHTER. Mr. Speaker, the can do the right thing for working fam- competitive and harm our ability to majority’s prioritization of special in- ilies and the millions of Americans actually build new jobs. And once terests over the economy goes beyond looking for jobs. again, the Democrat majority in the their crusade against government pro- I urge a ‘‘no’’ vote on the rule, and I Senate has failed to do that. tections for our clean air and water, yield back the balance of my time. This is our time and responsibility to and safe food and workplaces. Not only Mr. NUGENT. Mr. Speaker, I yield look forward to this situation, to take has the majority refused so far to pass myself the balance of my time. our role and responsibility and pass an extension of the payroll tax holiday, An editorial in The Wall Street Jour- this particular bill because, like John meaning even though we’re still strug- nal stated that the REINS Act—this Page said, It is our job. It is our re- gling to recover from a recession, the act that we are talking about—‘‘would sponsibility. We should accept that re- average American family will see a revolutionize government in practice sponsibility. $1,000 increase in their taxes come Jan- and help restore the representative de- Ms. SLAUGHTER. Mr. Speaker, may uary. mocracy the Founders envisioned.’’ I inquire of my colleague if he has fur- They have also refused so far to ex- Profound words. While discussing regu- ther speakers? tend unemployment benefits for the 2.1 latory reform, Wayne Crews of the Mr. NUGENT. Yes. I have one further million Americans whose benefits will Competitive Enterprise Institute and a speaker. run out in the coming months if Con- contributor to Forbes magazine said Ms. SLAUGHTER. I reserve the bal- gress does not act. Congress has never that ‘‘reaffirming Congress’ account- ance of my time. allowed emergency extended benefits ability to voters for agencies’ most Mr. NUGENT. Mr. Speaker, I yield 2 to expire when a jobless rate has been costly rules is a basic principle of good minutes to the gentleman from Wis- anywhere close to its current level of government.’’ And Jonathan H. Adler, consin (Mr. DUFFY). 8.6 percent. a professor of law at Case Western Re- Mr. DUFFY. I appreciate the gen- Some Republicans like to argue that serve University School of Law, said in tleman yielding. unemployment benefits give people a a congressional hearing earlier this As I sit on the House floor here, I lis- disincentive to work. But how are peo- year that the REINS Act ‘‘offers a ten to the debate, and I hear a lot of ple supposed to take jobs that don’t promising mechanism for disciplining conversations that are off-topic. We are exist? Believe me, most of the people Federal regulatory agencies and en- talking, on the other side of the aisle, who are unemployed in our country hancing congressional accountability about payroll taxes and unemployment right now would much rather get a job, for Federal regulation.’’ extensions. This is really a conversa- but they can’t find one. There are still The REINS Act brings accountability tion about regulations that affect roughly 6.5 million fewer jobs in the back to the regulatory process. I would American businesses’ ability to com- economy today than when the Great agree that some regulations are nec- pete, expand, grow, and create jobs. Recession started in 2007. essary. We all want clean air and clean This REINS Act is about holding Mem- So we’re supposed to let them and water. There’s no doubt that we need bers of Congress, elected men and their children starve or face possible that. We need a safe and healthy envi- women, accountable to the people who eviction or foreclosure? All of the ronment. We need safe food if we want sent them here to do their work, not to money that the unemployed receive in to protect ourselves and our families. empower bureaucrats in Washington to benefits goes right back into the econ- But regulations at what cost? pass rules that kill jobs all across this omy when they buy groceries, clothes, Through the rulemaking process, the country. and health care. The Economic Policy EPA has put a new burdensome stand- Just yesterday there was a press re- Institute estimates that allowing these ard on water quality in Florida alone. lease in my district where one of our Federal unemployment benefits to ex- With the numeric nutrient rule the coal power plants has given notice that pire would hurt consumer demand and, EPA wants to take over the State’s

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.026 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8152 CONGRESSIONAL RECORD — HOUSE December 6, 2011 water system. And because they are The Keystone pipeline is a perfect ex- yield to him for an amendment, is entitled to Washington bureaucrats trying to cre- ample of a jobs bill. They keep talking the first recognition.’’ ate a D.C. solution for a Florida prob- about the lack of jobs bills. Had the Because the vote today may look bad for lem, the requirements they have set on Keystone pipeline come to fruition, the Republican majority they will say ‘‘the vote on the previous question is simply a the State of Florida are scientifically which the President has pushed off vote on whether to proceed to an immediate impossible to reach given our State’s until 2013, there would have been 25,000 vote on adopting the resolution . . . [and] natural phosphorous levels in our immediate jobs to create and construct has no substantive legislative or policy im- waters. Compliance will require an in- that pipeline, and there would have plications whatsoever.’’ But that is not what vestment of billions of dollars that will been 100,000 new jobs within the areas they have always said. Listen to the Repub- be passed on—to whom? The Florida of Texas and Louisiana as it relates to lican Leadership Manual on the Legislative taxpayers, of course, effectively result- the processing of that oil. Process in the United States House of Rep- ing in a new tax levied on all Florid- The last time I looked, Canada was a resentatives, (6th edition, page 135). Here’s ians. Another analysis estimates that how the Republicans describe the previous friend, but we buy oil from countries question vote in their own manual: ‘‘Al- the EPA rulemaking will impose state- that hate us. Do you know what Can- though it is generally not possible to amend wide costs ranging from $3.1 billion to ada said?—that China is ready to step the rule because the majority Member con- $8.4 billion per year for the next 30 in and help them out. Is that really trolling the time will not yield for the pur- years. what we want, or do we want to bring pose of offering an amendment, the same re- b 1320 jobs to America? sult may be achieved by voting down the pre- With all that has been said, we’re to vious question on the rule. . . . When the To put that in perspective, Florida’s the point at which we need to talk motion for the previous question is defeated, total budget is only $64 billion annu- about regulations, and that’s what this control of the time passes to the Member ally. The REINS Act is what people in who led the opposition to ordering the pre- bill does. It allows seven amendments Florida need and what people in the vious question. That Member, because he that are germane to come to the country need if we’re going to keep ex- then controls the time, may offer an amend- floor—two Republican and five Demo- ecutive agency rulemaking in check. ment to the rule, or yield for the purpose of We’ve heard about a number of issues cratic amendments. amendment.’’ on this House floor. We’ve heard about With that, I am happy to support the In Deschler’s Procedure in the U.S. House of Representatives, the subchapter titled issues as they relate to unemployment rule and the underlying bill. The material previously referred to ‘‘Amending Special Rules’’ states: ‘‘a refusal and to the payroll tax holiday. These to order the previous question on such a rule by Ms. SLAUGHTER is as follows: issues, though, aren’t what are in front [a special rule reported from the Committee of us today. It’s really about the AN AMENDMENT TO H. RES. 479 OFFERED BY MS. on Rules] opens the resolution to amend- REINS Act. It’s really about getting SLAUGHTER OF NEW YORK ment and further debate.’’ (Chapter 21, sec- government off the backs of people. It’s At the end of the resolution, add the fol- tion 21.2) Section 21.3 continues: ‘‘Upon re- about making Congress accountable for lowing new sections: jection of the motion for the previous ques- Sec. 4. Not later than December 16, 2011, tion on a resolution reported from the Com- the actions of the agencies that have the House of Representatives shall vote on their authority granted through Con- mittee on Rules, control shifts to the Mem- passage of a bill to extend the payroll tax ber leading the opposition to the previous gress. It’s not the other way around. holiday beyond 2011, the title of which is as question, who may offer a proper amendment Regulatory agencies don’t enact laws follows: ‘Payroll Tax Holiday Extension Act or motion and who controls the time for de- for Congress. Congress enacts laws. of 2011.’. bate thereon.’’ Congress enacts and gives the author- Sec. 5. Not later than December 16, 2011, Clearly, the vote on the previous question ity to those who regulate, but Congress the House of Representatives shall vote on on a rule does have substantive policy impli- can’t walk away from its authority to passage of a bill to provide for the continu- cations. It is one of the only available tools oversee the rules, particularly the ation of unemployment benefits, the title of for those who oppose the Republican major- which is as follows: ‘Emergency Unemploy- ity’s agenda and allows those with alter- major rules, that are promulgated by ment Compensation Extension Act of 2011.’. these agencies—that are costing us native views the opportunity to offer an al- (The information contained herein was ternative plan. jobs, that are costing us billions of dol- provided by the Republican Minority on mul- lars every year. tiple occasions throughout the 110th and Mr. NUGENT. Mr. Speaker, I yield You’ve heard about it from all of my 111th Congresses.) back the balance of my time, and I colleagues who spoke on this side of THE VOTE ON THE PREVIOUS QUESTION: WHAT IT move the previous question on the res- the aisle. I don’t know when Congress REALLY MEANS olution. lost its way—Representative BISHOP This vote, the vote on whether to order the The SPEAKER pro tempore. The talked about it years and years ago— previous question on a special rule, is not question is on ordering the previous but Congress did lose its way. It’s so merely a procedural vote. A vote against or- question. much easier to just pass a law and say, dering the previous question is a vote The question was taken; and the You know what? Let the regulatory against the Republican majority agenda and Speaker pro tempore announced that folks figure out how this is going to a vote to allow the opposition, at least for the ayes appeared to have it. shake out at the end. the moment, to offer an alternative plan. It Ms. SLAUGHTER. Mr. Speaker, on That’s not what we were elected to is a vote about what the House should be debating. that I demand the yeas and nays. do. We were elected not only to pass Mr. Clarence Cannon’s Precedents of the The yeas and nays were ordered. laws but to make sure that the regula- House of Representatives (VI, 308–311), de- The SPEAKER pro tempore. Pursu- tions that are proposed by those agen- scribes the vote on the previous question on ant to clause 8 of rule XX, further pro- cies that have the authority from this the rule as ‘‘a motion to direct or control the ceedings on this question will be post- Congress are responsible to the people. consideration of the subject before the House poned. We need to be responsible to the people being made by the Member in charge.’’ To defeat the previous question is to give the who elected us, not the other way f around—not responsible to bureaucrats opposition a chance to decide the subject before the House. Cannon cites the Speaker’s in Washington, D.C. ruling of January 13, 1920, to the effect that It’s what I hear from all the busi- ANNOUNCEMENT BY THE SPEAKER ‘‘the refusal of the House to sustain the de- PRO TEMPORE nesses in my district. It’s what I hear mand for the previous question passes the from the people I represent. They want control of the resolution to the opposition’’ The SPEAKER pro tempore. Pursu- government to get out of the way, not in order to offer an amendment. On March ant to clause 8 of rule XX, the Chair to end all regulations like you hear 15, 1909, a member of the majority party of- will postpone further proceedings some of my friends across the aisle say. fered a rule resolution. The House defeated today on motions to suspend the rules That’s not what we’re talking about. the previous question and a member of the on which a recorded vote or the yeas We are, though, talking about a con- opposition rose to a parliamentary inquiry, and nays are ordered, or on which the asking who was entitled to recognition. gressional review before it actually Speaker Joseph G. Cannon (R–Illinois) said: vote incurs objection under clause 6 of comes to pass so that we stand up as a ‘‘The previous question having been refused, rule XX. body and say, You know what? This is the gentleman from New York, Mr. Fitz- Record votes on postponed questions just not good for America. gerald, who had asked the gentleman to will be taken later.

VerDate Mar 15 2010 04:31 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.027 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8153 PANDEMIC AND ALL-HAZARDS (c) PARTNERSHIPS FOR STATE AND REGIONAL reserve fund prior to the date of the enactment PREPAREDNESS REAUTHORIZA- HOSPITAL PREPAREDNESS TO IMPROVE SURGE of this subsection, there is authorized to be ap- TION ACT OF 2011 CAPACITY.—Section 319C–2 of the Public Health propriated, for the procurement of security Service Act (42 U.S.C. 247d–3b) is amended— countermeasures under subsection (c) and for Mr. PITTS. Mr. Speaker, I move to (1) in subsection (a), by inserting ‘‘, including carrying out section 319L (relating to the Bio- suspend the rules and pass the bill capacity and preparedness to address the needs medical Advanced Research and Development (H.R. 2405) to reauthorize certain provi- of pediatric and other at-risk populations’’ be- Authority), $2,800,000,000 for the period of fiscal sions of the Public Health Service Act fore the period at the end; years 2014 through 2018. Amounts appropriated and the Federal Food, Drug, and Cos- (2) in subsection (i)— pursuant to the preceding sentence are authorized to remain available until September 30, metic Act relating to public health pre- (A) by striking ‘‘The requirements of’’ and inserting the following: 2019. paredness and countermeasure develop- ‘‘(1) IN GENERAL.—The requirements of’’; and ‘‘(2) NOTICE OF INSUFFICIENT FUNDS.—Not ment, and for other purposes, as (B) by adding at the end the following: later than 15 days after any date on which the amended. ‘‘(2) MEETING GOALS OF NATIONAL HEALTH SE- Secretary determines that the amount of funds The Clerk read the title of the bill. CURITY STRATEGY.—The Secretary shall imple- in the special reserve fund available for procure- The text of the bill is as follows: ment objective, evidence-based metrics to ensure ment is less than $1,500,000,000, the Secretary H.R. 2405 that entities receiving awards under this section shall submit to the Committee on Energy and are meeting, to the extent practicable, the goals Commerce of the House of Representatives and Be it enacted by the Senate and House of Rep- of the National Health Security Strategy under the Committee on Health, Education, Labor, resentatives of the United States of America in section 2802.’’; and and Pensions of the Senate a report detailing Congress assembled, (3) by amending subsection (j)(1) to read as the amount of such funds available for procure- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. follows: ment and the impact such funding will have— (a) SHORT TITLE.—This Act may be cited as ‘‘(1) IN GENERAL.—For purposes of carrying ‘‘(A) in meeting the security countermeasure the ‘‘Pandemic and All-Hazards Preparedness out this section, there is authorized to be appro- needs identified under this section; and Reauthorization Act of 2011’’. priated $378,000,000 for each of fiscal years 2012 ‘‘(B) on the annual Countermeasure Imple- (b) TABLE OF CONTENTS.—The table of con- through 2016.’’. mentation Plan under section 2811(d). ‘‘(3) USE OF SPECIAL RESERVE FUND FOR AD- tents for this Act is as follows: (d) CDC PROGRAMS FOR COMBATING PUBLIC VANCED RESEARCH AND DEVELOPMENT.—The Sec- Sec. 1. Short title; table of contents. HEALTH THREATS.—Section 319D of the Public Sec. 2. Reauthorization of certain provisions re- Health Service Act (42 U.S.C. 247d–4) is amend- retary may utilize not more than 30 percent of lating to public health prepared- ed— the amounts authorized to be appropriated ness. (1) by striking subsection (c); and under paragraph (1) to carry out section 319L Sec. 3. Temporary redeployment of personnel (2) in subsection (g), by striking ‘‘such sums (related to the Biomedical Advanced Research during a public health emergency. as may be necessary in each of fiscal years 2007 and Development Authority). Amounts author- Sec. 4. Coordination by Assistant Secretary for through 2011’’ and inserting ‘‘$160,121,000 for ized to be appropriated under this subsection to Preparedness and Response. each of fiscal years 2012 through 2016’’. carry out section 319L are in addition to Sec. 5. Eliminating duplicative Project Bio- (e) DENTAL EMERGENCY RESPONDERS: PUBLIC amounts otherwise authorized to be appro- shield reports. HEALTH AND MEDICAL RESPONSE.— priated to carry out such section. ‘‘(4) RESTRICTIONS ON USE OF FUNDS.— Sec. 6. Authorization for medical products for (1) ALL-HAZARDS PUBLIC HEALTH AND MEDICAL Amounts in the special reserve fund shall not be use in emergencies. RESPONSE CURRICULA AND TRAINING.—Section Sec. 7. Additional provisions related to medical 319F(a)(5)(B) of the Public Health Service Act used to pay— ‘‘(A) costs other than payments made by the products for emergency use. (42 U.S.C. 247d–6(a)(5)(B)) is amended by strik- Secretary to a vendor for advanced development Sec. 8. Products held for emergency use. ing ‘‘public health or medical’’ and inserting Sec. 9. Accelerate countermeasure development (under section 319L) or for procurement of a se- ‘‘public health, medical, or dental’’. by strengthening FDA’s role in re- curity countermeasure under subsection (c)(7); (2) NATIONAL HEALTH SECURITY STRATEGY.— viewing products for national se- and Section 2802(b)(3) of the Public Health Service curity priorities. ‘‘(B) any administrative expenses, including Act (42 U.S.C. 300hh–1(b)(3)) is amended— SEC. 2. REAUTHORIZATION OF CERTAIN PROVI- salaries. (A) in the matter preceding subparagraph (A), ‘‘(5) DEFINITION.—In this section, the term SIONS RELATING TO PUBLIC by inserting ‘‘and which may include dental HEALTH PREPAREDNESS. ‘special reserve fund’ means the ‘Biodefense health facilities’’ after ‘‘mental health facili- (a) VACCINE TRACKING AND DISTRIBUTION.— Countermeasures’ appropriations account, any ties’’; and Subsection (e) of section 319A of the Public appropriation made available pursuant to sec- (B) in subparagraph (D), by inserting ‘‘(which Health Service Act (42 U.S.C. 247d–1) is amended tion 521(a) of the Homeland Security Act of may include dental health assets)’’ after ‘‘med- by striking ‘‘such sums for each of fiscal years 2002, and any appropriation made available ical assets’’. 2007 through 2011’’ and inserting ‘‘$30,800,000 pursuant to paragraph (1) of this paragraph.’’. (f) PROCUREMENT OF COUNTERMEASURES.— for each of fiscal years 2012 through 2016’’. (g) EMERGENCY SYSTEM FOR ADVANCE REG- (1) CONTRACT TERMS.—Subclause (IX) of sec- (b) IMPROVING STATE AND LOCAL PUBLIC ISTRATION OF VOLUNTEER HEALTH PROFES- tion 319F–2(c)(7)(C)(ii) of the Public Health HEALTH SECURITY.—Effective on October 1, 2011, SIONALS.—Section 319I(k) of the Public Health Service Act (42 U.S.C. 247d–6b(c)(7)(C)(ii)) is section 319C–1 of the Public Health Service Act Service Act (42 U.S.C. 247d–7b(k)) is amended by amended to read as follows: (42 U.S.C. 247d–3a) is amended— striking ‘‘are authorized to be appropriated ‘‘(IX) CONTRACT TERMS.—The Secretary, in (1) in subsection (b)(2)(A)— $2,000,000 for fiscal year 2002, and such sums as (A) in clause (iv), by striking ‘‘and’’ at the any contract for procurement under this sec- may be necessary for each of the fiscal years end; tion— 2003 through 2011’’ and inserting ‘‘is authorized (B) in clause (v), by adding ‘‘and’’ at the end; ‘‘(aa) may specify— to be appropriated $5,900,000 for each of fiscal and ‘‘(AA) the dosing and administration require- years 2012 through 2016’’. (C) by adding at the end the following: ments for countermeasures to be developed and (h) BIOMEDICAL ADVANCED RESEARCH AND DE- ‘‘(vi) a description of any activities that such procured; VELOPMENT AUTHORITY.— entity will use to analyze real-time clinical ‘‘(BB) the amount of funding that will be (1) TRANSACTION AUTHORITIES.—Section specimens for pathogens of public health or bio- dedicated by the Secretary for development and 319L(c)(5) of the Public Health Service Act (42 terrorism significance, including any utilization acquisition of the countermeasure; and U.S.C. 247d–7e(c)(5)) is amended by adding at of poison control centers;’’; ‘‘(CC) the specifications the countermeasure the end the following: (2) in subsection (f)— must meet to qualify for procurement under a ‘‘(G) GOVERNMENT PURPOSE.—In awarding (A) in paragraph (2), by inserting ‘‘and’’ at contract under this section; and contracts, grants, and cooperative agreements the end; ‘‘(bb) shall provide a clear statement of de- under this section, the Secretary shall provide a (B) in paragraph (3), by striking ‘‘; and’’ and fined Government purpose limited to uses re- clear statement of defined Government purpose inserting a period; and lated to a security countermeasure, as defined related to activities included in subsection (C) by striking paragraph (4); in paragraph (1)(B).’’. (a)(6)(B) for a qualified countermeasure or (3) by striking subsection (h); and (2) REAUTHORIZATION OF THE SPECIAL RESERVE qualified pandemic or epidemic product.’’. (4) in subsection (i)— FUND.—Section 319F–2 of the Public Health (2) BIODEFENSE MEDICAL COUNTERMEASURE (A) in paragraph (1)— Service Act (42 U.S.C. 247d–6b) is amended— DEVELOPMENT FUND.—Paragraph (2) of section (i) by amending subparagraph (A) to read as (A) in subsection (c)— 319L(d) of the Public Health Service Act (42 follows: (i) by striking ‘‘special reserve fund under U.S.C. 247d–7e(d)) is amended to read as fol- ‘‘(A) IN GENERAL.—For the purpose of car- paragraph (10)’’ each place it appears and in- lows: rying out this section, there is authorized to be serting ‘‘special reserve fund as defined in sub- ‘‘(2) FUNDING.—To carry out the purposes of appropriated $632,900,000 for each of fiscal years section (g)(5)’’; and this section, there is authorized to be appro- 2012 through 2016.’’; and (ii) by striking paragraphs (9) and (10); and priated to the Fund $415,000,000 for each of fis- (ii) by striking subparagraph (B); and (B) by adding at the end the following: cal years 2012 through 2016, the amounts to re- (B) in subparagraphs (C) and (D) of para- ‘‘(g) SPECIAL RESERVE FUND.— main available until expended.’’. graph (3), by striking ‘‘(1)(A)(i)(I)’’ each place it ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—In (3) CONTINUED INAPPLICABILITY OF CERTAIN appears and inserting ‘‘(1)(A)’’. addition to amounts appropriated to the special PROVISIONS.—Section 319L(e)(1)(C) of the Public

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Health Service Act (42 U.S.C. 247d–7e(e)(1)(C)) is ‘‘(A) PUBLIC HEALTH EMERGENCY.—The Sec- ‘‘(c) FUNCTIONS.—The Assistant Secretary for amended by striking ‘‘the date that is 7 years retary may exercise the authority vested by Preparedness and Response shall— after the date of enactment of the Pandemic and paragraph (1) only during the period of a public ‘‘(1) have lead responsibility within the De- All-Hazards Preparedness Act’’ and inserting health emergency determined pursuant to sub- partment of Health and Human Services for ‘‘September 30, 2016’’. section (a). emergency preparedness and response policy (i) NATIONAL DISASTER MEDICAL SYSTEM.— ‘‘(B) CONSIDERATIONS.—In authorizing a tem- and coordination; Section 2812 of the Public Health Service Act (42 porary redeployment under paragraph (1), the ‘‘(2) have authority over and responsibility U.S.C. 300hh–11) is amended— Secretary shall consider each of the following: for— (1) in subsection (a)(3), by adding at the end ‘‘(i) The degree to which the emergency can- ‘‘(A) the National Disaster Medical System (in the following: not be adequately and appropriately addressed accordance with section 301 of the Pandemic ‘‘(D) ADMINISTRATION.—The Secretary may by the public health workforce. and All-Hazards Preparedness Act); determine and pay claims for reimbursement for ‘‘(ii) The degree to which the emergency re- ‘‘(B) the Hospital Preparedness Cooperative services under subparagraph (A) directly or by quires or would otherwise benefit from supple- Agreement Program pursuant to section 319C–2; ‘‘(C) the Biomedical Advanced Research and contract providing for payment in advance or by mental staffing from those funded through non- Development Authority under section 319L; and way of reimbursement.’’; and preparedness Federal programs. (2) in subsection (g), by striking ‘‘such sums ‘‘(D) the Emergency System for Advance Reg- ‘‘(iii) The degree to which such programs istration of Volunteer Health Professionals pur- as may be necessary for each of the fiscal years would be adversely affected by the redeploy- 2007 through 2011’’ and inserting ‘‘$56,000,000 suant to section 319I; ment. ‘‘(3) provide policy coordination and oversight for each of fiscal years 2012 through 2016’’. ‘‘(iv) Such other factors as the Secretary may of— (j) NATIONAL HEALTH SECURITY STRATEGY deem appropriate. ‘‘(A) the Strategic National Stockpile under TIMELINE.—Section 2802(a)(1) of the Public ‘‘(C) TERMINATION AND EXTENSION.— section 319F–2; Health Service Act (42 U.S.C. 300hh–1(a)(1)) is ‘‘(i) TERMINATION.—The authority to author- ‘‘(B) the Cities Readiness Initiative; and amended by striking ‘‘2009’’ and inserting ize a temporary redeployment of personnel ‘‘(C) the Medical Reserve Corps pursuant to ‘‘2014’’. under paragraph (1) shall terminate upon the section 2813; and (k) ENHANCING SURGE CAPACITY.—Section earlier of the following: ‘‘(4) assume other duties as determined appro- 2802(b) of the Public Health Service Act (42 ‘‘(I) The Secretary’s determination that the priate by the Secretary.’’; and U.S.C. 300hh–1(b)(3)) is amended— public health emergency no longer exists. (4) by adding at the end the following: (1) in paragraph (1)(A), by inserting ‘‘, in- ‘‘(II) Subject to clause (ii), 30 days after the ‘‘(d) COUNTERMEASURE IMPLEMENTATION cluding drills and exercises to ensure medical activation of the Secretary’s authority pursuant PLAN.—Not later than 6 months after the date of surge capacity for events without notice’’ after to subparagraph (A). enactment of this subsection, and annually ‘‘exercises’’; and ‘‘(ii) EXTENSION AUTHORITY.—The Secretary thereafter, the Assistant Secretary for Prepared- (2) in paragraph (3)— may extend the authority to authorize a tem- ness and Response shall submit through the Sec- (A) in the matter preceding subparagraph (A), porary redeployment of personnel under para- retary to the Committee on Energy and Com- as amended by subsection (e)(2) of this section— graph (1) beyond the date otherwise applicable merce of the House of Representatives and the (i) by inserting ‘‘availability, coordination, under clause (i)(II) if the public health emer- Committee on Health, Education, Labor, and accessibility,’’ after ‘‘response capabilities,’’; Pensions of the Senate a Countermeasure Imple- (ii) by striking ‘‘including mental health fa- gency still exists, but only if— mentation Plan that— cilities’’ and inserting ‘‘including mental health ‘‘(I) the extension is requested by the entity that requested authority to authorize a tem- ‘‘(1) describes the chemical, biological, radio- and ambulatory care facilities’’; and logical, and nuclear threats facing the Nation (iii) by striking ‘‘trauma care and emergency porary redeployment; and and the corresponding efforts to develop quali- medical service systems’’ and inserting ‘‘trauma ‘‘(II) the Secretary gives notice to the Con- fied countermeasures (as defined in section care, critical care, and emergency medical serv- gress in conjunction with the extension.’’. 319F–1), security countermeasures (as defined in ice systems’’; and SEC. 4. COORDINATION BY ASSISTANT SEC- section 319F–2), or qualified pandemic or epi- (B) in subparagraph (B), by striking ‘‘Medical RETARY FOR PREPAREDNESS AND demic products (as defined in section 319F–3) for evacuation and fatality management’’ and in- RESPONSE. each threat; serting ‘‘Fatality management, and coordinated (a) IN GENERAL.—Section 2811 of the Public Health Service Act (42 U.S.C. 300hh–10) is ‘‘(2) evaluates the progress of all activities medical triage and evacuation to the appro- with respect to such countermeasures or prod- priate medical institution based on patient med- amended— (1) in subsection (b)(3)— ucts, including research, advanced research, de- ical need as part of regional systems’’. velopment, procurement, stockpiling, deploy- (l) VOLUNTEER MEDICAL RESERVE CORPS.— (A) by inserting ‘‘stockpiling, distribution,’’ ment, and utilization; Section 2813(i) of the Public Health Service Act before ‘‘and procurement’’; and (B) by inserting ‘‘, security measures (as de- ‘‘(3) identifies and prioritizes near-, mid-, and (42 U.S.C. 300hh–15(i)) is amended by striking long-term needs with respect to such counter- ‘‘$22,000,000 for fiscal year 2007, and such sums fined in section 319F–2,’’ after ‘‘qualified countermeasures (as defined in section 319F–1)’’; measures or products to address chemical, bio- as may be necessary for each of fiscal years 2008 logical, radiological, and nuclear threats; through 2011’’ and inserting ‘‘$11,900,000 for (2) in subsection (b)(4), by adding at the end the following: ‘‘(4) identifies, with respect to each category each of fiscal years 2012 through 2016’’. of threat, a summary of all advanced develop- (m) EXTENSION OF LIMITED ANTITRUST EXEMP- ‘‘(D) IDENTIFICATION OF INEFFICIENCIES.— Identify gaps, duplication, and other inefficien- ment and procurement awards, including— TION.—Section 405(b) of the Pandemic and All- ‘‘(A) the time elapsed from the issuance of the Hazard Preparedness Act (42 U.S.C. 247d–6a cies in public health preparedness activities and the actions necessary to overcome these obsta- initial solicitation or request for a proposal to note) is amended by striking ‘‘at the end of the the adjudication (such as the award, denial of 6-year period that begins on the date of enact- cles. ‘‘(E) DEVELOPMENT OF COUNTERMEASURE IM- award, or solicitation termination); ment of this Act’’ and inserting ‘‘on September ‘‘(B) projected timelines for development and PLEMENTATION PLAN.—Lead the development of 30, 2016’’. procurement of such countermeasures or prod- a coordinated Countermeasure Implementation SEC. 3. TEMPORARY REDEPLOYMENT OF PER- ucts; SONNEL DURING A PUBLIC HEALTH Plan under subsection (d). ‘‘(C) clearly defined goals, benchmarks, and ‘‘(F) COUNTERMEASURES BUDGET ANALYSIS.— EMERGENCY. milestones for each such countermeasure or Oversee the development of a comprehensive, Section 319 of the Public Health Service Act product, including information on the number cross-cutting 5-year budget analysis with re- (42 U.S.C. 247d) is amended by adding at the of doses required, the intended use of the coun- spect to activities described in paragraph (3)— end the following: termeasure or product, and the required coun- ‘‘(i) to inform prioritization of resources; and ‘‘(e) TEMPORARY REDEPLOYMENT OF PER- termeasure or product characteristics; and SONNEL DURING A PUBLIC HEALTH EMER- ‘‘(ii) to ensure that challenges to such activi- ‘‘(D) projected needs with regard to the re- GENCY.— ties are adequately addressed. plenishment of the Strategic National Stockpile; ‘‘(1) EMERGENCY REDEPLOYMENT OF FEDER- ‘‘(G) GRANT PROGRAMS FOR MEDICAL AND PUB- ‘‘(5) evaluates progress made in meeting the ALLY FUNDED PERSONNEL.—Notwithstanding LIC HEALTH PREPAREDNESS CAPABILITIES.—Co- goals, benchmarks, and milestones identified any other provision of law, and subject to para- ordinate, in consultation with the Secretary of under paragraph (4)(C); graph (2), upon a request that is from a State, Homeland Security, grant programs of the De- ‘‘(6) reports on the amount of funds available locality, territory, tribe, or the Freely Associated partment of Health and Human Services relat- for procurement in the special reserve fund as States and that includes such information and ing to medical and public health preparedness defined in section 319F–2(g)(5) and the impact assurances as the Secretary may require, the capabilities and the activities of local commu- this funding will have on meeting the require- Secretary may authorize the requesting entity to nities to respond to public health emergencies, ments under section 319F–2; temporarily redeploy to immediately address a including the— ‘‘(7) incorporates input from Federal, State, public health emergency non-Federal personnel ‘‘(i) coordination of relevant program require- local, and tribal stakeholders; and funded in whole or in part through— ments, timelines, and measurable goals of such ‘‘(8) addresses the needs of pediatric popu- ‘‘(A) any program under this Act; or grant programs; and lations with respect to such countermeasures ‘‘(B) at the discretion of the Secretary, any ‘‘(ii) establishment of a system for gathering and products in the Strategic National Stockpile other program funded in whole or in part by the and disseminating best practices among grant and includes— Department of Health and Human Services. recipients.’’; ‘‘(A) a list of such countermeasures and prod- ‘‘(2) ACTIVATION OF EMERGENCY REDEPLOY- (3) by amending subsection (c) to read as fol- ucts necessary to address the needs of pediatric MENT.— lows: populations;

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‘‘(B) a description of measures taken to co- ‘‘(A) IN GENERAL.—A declaration under this cluding information obtained during an emer- ordinate with Office of Pediatric Therapeutics subsection shall terminate upon a determination gency.’’. of the Food and Drug Administration to maxi- by the Secretary, in consultation with, as ap- SEC. 7. ADDITIONAL PROVISIONS RELATED TO mize the labeling, dosages, and formulations of propriate, the Secretary of Homeland Security MEDICAL PRODUCTS FOR EMER- such countermeasures and products for pedi- or the Secretary of Defense, that the cir- GENCY USE. atric populations; cumstances described in paragraph (1) have (a) IN GENERAL.—The Federal Food, Drug, ‘‘(C) a description of existing gaps in the Stra- ceased to exist.’’; and Cosmetic Act is amended by inserting after tegic National Stockpile and the development of (ii) by striking subparagraph (B); and section 564 (21 U.S.C. 360bbb–3) the following: such countermeasures and products to address (iii) by redesignating subparagraph (C) as ‘‘SEC. 564A. ADDITIONAL PROVISIONS RELATED the needs of pediatric populations; and subparagraph (B); and TO MEDICAL PRODUCTS FOR EMER- ‘‘(D) an evaluation of the progress made in (D) in paragraph (4), by striking ‘‘advance GENCY USE. addressing gaps identified pursuant to subpara- notice of termination, and renewal’’ and insert- ‘‘(a) DEFINITIONS.—For purposes of this sec- graph (C). ing ‘‘and advance notice of termination’’; tion: ‘‘(1) The term ‘product’ means a drug, device, Notwithstanding any other provision of this (3) in subsection (c)(1), by striking ‘‘specified or biological product. subsection, the Plan shall not include any con- in’’ and insert ‘‘covered by’’; ‘‘(2) The term ‘eligible product’ means a prod- fidential commercial information, proprietary (4) in subsection (d)(3), by inserting ‘‘, to the extent practicable given the circumstances of the uct that is— information, or information that could reveal ‘‘(A) approved or cleared under this chapter vulnerabilities of the Nation in the preparation emergency,’’ after ‘‘including’’; (5) in subsection (e)— or licensed under section 351 of the Public for or ability to respond to chemical, biological, Health Service Act; and radiological, or nuclear threats.’’. (A) in paragraph (1)(B), by amending clause (iii) to read as follows: ‘‘(B) intended to be used to diagnose, prevent, (b) CONSULTATION IN AUTHORIZING MEDICAL or treat a disease or condition involving a bio- PRODUCTS FOR USE IN EMERGENCIES.—Sub- ‘‘(iii) Appropriate conditions with respect to the collection and analysis of information con- logical, chemical, radiological, or nuclear agent section (c) of section 564 of the Federal Food, or agents during— Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) is cerning the safety and effectiveness of the product with respect to the actual use of such prod- ‘‘(i) a domestic emergency or military emer- amended by striking ‘‘consultation with the Di- gency involving heightened risk of attack with rector of the National Institutes of Health’’ and uct pursuant to an authorization under this section.’’; such an agent or agents; or inserting ‘‘consultation with the Assistant Sec- ‘‘(ii) a public health emergency affecting na- (B) in paragraph (2)— retary for Preparedness and Response, the Di- tional security or the health and security of rector of the National Institutes of Health,’’. (i) in subparagraph (A)— (I) by striking ‘‘manufacturer of the product’’ United States citizens abroad. (c) BIOSURVEILLANCE PLAN.—Not later than ‘‘(b) EXPIRATION DATING.— and inserting ‘‘person’’; and one year after the date of the enactment of this ‘‘(1) IN GENERAL.—The Secretary may extend (II) by inserting ‘‘or in paragraph (1)(B)’’ be- Act, the Secretary of Health and Human Serv- the expiration date and authorize the introduc- fore the period at the end; ices shall prepare and submit to the Committee tion or delivery for introduction into interstate (ii) in subparagraph (B)(i), by inserting ‘‘, on Energy and Commerce of the House of Rep- commerce of an eligible product after the expira- with the exception of extensions of a product’s resentatives and the Committee on Health, Edu- tion date provided by the manufacturer if— cation, Labor, and Pensions of the Senate a expiration date authorized under section ‘‘(A) the eligible product is intended to be held plan to improve information sharing, coordina- 564A(b)’’ before the period at the end; and for use for a domestic, military, or public health (iii) by amending subparagraph (C) to read as tion, and communications among disparate bio- emergency described in subsection (a)(2)(B); surveillance systems supported by the Depart- follows: ‘‘(B) the expiration date extension is intended ment of Health and Human Services. ‘‘(C) In establishing conditions under this to support the United States’ ability to protect— paragraph with respect to the distribution and SEC. 5. ELIMINATING DUPLICATIVE PROJECT BIO- ‘‘(i) the public health; or SHIELD REPORTS. administration of a product, the Secretary shall ‘‘(ii) military preparedness and effectiveness; Section 5 of the Project Bioshield Act of 2004 not impose conditions that would restrict dis- and (42 U.S.C. 247d–6c) is repealed. tribution or administration of the product that ‘‘(C) the expiration date extension is sup- is solely for the approved uses.’’; SEC. 6. AUTHORIZATION FOR MEDICAL PROD- ported by an appropriate scientific evaluation UCTS FOR USE IN EMERGENCIES. (C) by amending paragraph (3) to read as fol- that is conducted or accepted by the Secretary. Section 564 of the Federal Food, Drug, and lows: ‘‘(2) REQUIREMENTS AND CONDITIONS.—Any ‘‘(3) GOOD MANUFACTURING PRACTICE; PRE- Cosmetic Act (21 U.S.C. 360bbb–3) is amended— extension of an expiration date under para- (1) in subsection (a)— SCRIPTION; PRACTITIONER’S AUTHORIZATION.— graph (1) shall, as part of the extension, iden- (A) in paragraph (1), by striking ‘‘sections With respect to the emergency use of a product tify— 505, 510(k), and 515 of this Act’’ and inserting for which an authorization under this section is ‘‘(A) each specific lot, batch, or other unit of ‘‘any provision of this Act’’; issued (whether for an unapproved product or the product for which extended expiration is au- (B) in paragraph (2)(A), by striking ‘‘under a an unapproved use of an approved product), the thorized; provision of law referred to in such paragraph’’ Secretary may waive or limit, to the extent ap- ‘‘(B) the duration of the extension; and and inserting ‘‘under a provision of law in sec- propriate given the circumstances of the emer- ‘‘(C) any other requirements or conditions as tion 505, 510(k), or 515 of this Act or section 351 gency— the Secretary may deem appropriate for the pro- of the Public Health Service Act’’; and ‘‘(A) requirements regarding current good tection of the public health, which may include (C) in paragraph (3), by striking ‘‘a provision manufacturing practice otherwise applicable to requirements for, or conditions on, product sam- of law referred to in such paragraph’’ and in- the manufacture, processing, packing, or hold- pling, storage, packaging or repackaging, trans- serting ‘‘a provision of law referred to in para- ing of products subject to regulation under this port, labeling, notice to product recipients, rec- graph (2)(A)’’; Act, including such requirements established ordkeeping, periodic testing or retesting, or (2) in subsection (b)— under section 501 or 520(f)(1), and including rel- product disposition. (A) in the subsection heading, by striking evant conditions prescribed with respect to the ‘‘(3) EFFECT.—Notwithstanding any other ‘‘DECLARATION OF EMERGENCY’’ and inserting product by an order under section 520(f)(2); provision of this Act or the Public Health Serv- ‘‘DECLARATION SUPPORTING EMERGENCY USE ‘‘(B) requirements established under section ice Act, an eligible product shall not be consid- AUTHORIZATION’’; 503(b); and ered an unapproved product (as defined in sec- (B) in paragraph (1)— ‘‘(C) requirements established under section tion 564(a)(2)(A)) and shall not be deemed adul- (i) in the matter preceding subparagraph (A), 520(e).’’; and terated or misbranded under this Act because, by striking ‘‘an emergency justifying’’ and in- (D) by adding at the end the following: with respect to such product, the Secretary has, serting ‘‘that circumstances exist justifying’’; ‘‘(5) EXISTING AUTHORITIES.—Nothing in this under paragraph (1), extended the expiration (ii) in subparagraph (A), by striking ‘‘speci- section restricts any authority vested in the Sec- date and authorized the introduction or delivery fied’’; retary by any other provision of this Act or the for introduction into interstate commerce of (iii) in subparagraph (B), by striking ‘‘speci- Public Health Service Act for establishing condi- such product after the expiration date provided fied’’; and tions of authorization for a product.’’; and by the manufacturer. (iv) by amending subparagraph (C) to read as (6) in subsection (g)— ‘‘(c) CURRENT GOOD MANUFACTURING PRAC- follows: (A) in the heading, by striking ‘‘REVOCATION TICES.— ‘‘(C) a determination by the Secretary that OF AUTHORIZATION’’ and inserting ‘‘REVIEW, ‘‘(1) IN GENERAL.—The Secretary may, when there is a public health emergency, or a signifi- MODIFICATION, AND REVOCATION OF AUTHORIZA- the circumstances of a domestic, military, or cant potential for a public health emergency, in- TION’’; public health emergency described in subsection volving a heightened risk to national security or (B) in paragraph (1), by striking ‘‘periodically (a)(2)(B) so warrant, authorize, with respect to the health and security of United States citizens review’’ and inserting ‘‘review not less than an eligible product, deviations from current abroad, and involving a biological, chemical, ra- every three years’’; and good manufacturing practice requirements oth- diological, or nuclear agent or agents, or a dis- (C) by adding at the end the following: erwise applicable to the manufacture, proc- ease or condition that may be attributable to ‘‘(3) MODIFICATION.—The Secretary may mod- essing, packing, or holding of products subject such agent or agents.’’; ify an authorization under this section or the to regulation under this Act, including require- (C) in paragraph (2)— conditions of such an authorization, at any ments under section 501 or 520(f)(1) or applicable (i) by amending subparagraph (A) to read as time, based on a review of the authorization or conditions prescribed with respect to the eligible follows: new information that is otherwise obtained, in- product by an order under section 520(f)(2).

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‘‘(2) EFFECT.—Notwithstanding any other ‘‘(A) is approved, cleared, or licensed under Drug Administration, upon submission of a provision of this Act or the Public Health Serv- section 505, 510(k), or 515 of this Act or section written request by the sponsor that includes a ice Act, an eligible product shall not be consid- 351 of the Public Health Service Act; proposed plan and relevant data and future ered an unapproved product (as defined in sec- ‘‘(B) is authorized for investigational use planning detail to support such a plan, to work tion 564(a)(2)(A)) and shall not be deemed adul- under section 505 or 520 of this Act or section 351 with the sponsor to agree on a final plan within terated or misbranded under this Act because, of the Public Health Service Act; or a reasonable time not to exceed 90 days. The with respect to such product, the Secretary has ‘‘(C) is authorized for use under section 564.’’. basis for this agreement shall be the proposed authorized deviations from current good manu- SEC. 9. ACCELERATE COUNTERMEASURE DEVEL- plan submitted by the sponsor. Notwithstanding facturing practices under paragraph (1). OPMENT BY STRENGTHENING FDA’S the preceding sentence, the Secretary shall re- ‘‘(d) MASS DISPENSING.—The requirements of ROLE IN REVIEWING PRODUCTS FOR tain full discretion to determine the contents of section 503(b) and 520(e) shall not apply to an NATIONAL SECURITY PRIORITIES. the final plan or to determine that no such plan eligible product, and the product shall not be (a) IN GENERAL.—Section 565 of the Federal can be agreed upon. If the Secretary determines considered an unapproved product (as defined Food, Drug, and Cosmetic Act (21 U.S.C. that no final plan can be agreed upon, the Sec- in section 564(a)(2)(A)) and shall not be deemed 360bbb–4) is amended to read as follows: retary shall provide to the sponsor, in writing, adulterated or misbranded under this Act be- ‘‘SEC. 565. COUNTERMEASURE DEVELOPMENT the scientific or regulatory rationale why such cause it is dispensed without an individual pre- AND REVIEW. agreement cannot be reached. If a final plan is scription, if— ‘‘(a) COUNTERMEASURES AND PRODUCTS.—The agreed upon, it shall be shared with the sponsor ‘‘(1) the product is dispensed during an actual countermeasures and products referred to in this in writing. emergency described in subsection (a)(2)(B); and subsection are— ‘‘(C) CONTENTS.—The plan shall include an ‘‘(2) such dispensing without an individual ‘‘(1) qualified countermeasures (as defined in agreement on the nature of, and timelines for, prescription occurs— section 319F–1 of the Public Health Service Act); feedback and interactions between the sponsor ‘‘(A) as permitted under the law of the State ‘‘(2) security countermeasures (as defined in and the Food and Drug Administration, shall in which the product is dispensed; or section 319F–2 of such Act); and provide reasonable flexibility in implementing ‘‘(B) in accordance with an order issued by ‘‘(3) qualified pandemic or epidemic products and adjusting the agreement under this para- the Secretary. (as defined in section 319F–3 of such Act) that graph as warranted during the countermeasure ‘‘(e) EMERGENCY USE INSTRUCTIONS.— the Secretary determines to be a priority. development process, and shall identify— ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(b) IN GENERAL.— ‘‘(i) the current regulatory status of the coun- through an appropriate official within the De- ‘‘(1) INVOLVEMENT OF FDA PERSONNEL IN termeasure, an assessment of known scientific partment of Health and Human Services, may INTERAGENCY ACTIVITIES.—For the purpose of gaps relevant to approval, clearance, or licen- create and issue emergency use instructions to accelerating the development, stockpiling, ap- sure of the countermeasure, and a proposed inform health care providers or individuals to proval, clearance, and licensure of counter- pathway to approval, clearance, or licensure of whom an eligible product is to be administered measures and products referred to in subsection the countermeasure; concerning such product’s approved, licensed, (a), the Secretary shall expand the involvement ‘‘(ii) developmental milestones whose comple- or cleared conditions of use. of Food and Drug Administration personnel in tion will result in meetings to be scheduled with- ‘‘(2) EFFECT.—Notwithstanding any other interagency activities with the Assistant Sec- in a reasonable time between the applicable re- provisions of this Act or the Public Health Serv- retary for Preparedness and Response (includ- view division of the Food and Drug Administra- ice Act, a product shall not be considered an un- ing the Biomedical Advanced Research and De- tion and the sponsor; approved product (as defined in section velopment Authority), the Centers for Disease ‘‘(iii) sponsor submissions that will result in 564(a)(2)(A)) and shall not be deemed adulter- Control and Prevention, the National Institutes written feedback from the review division within ated or misbranded under this Act because of— of Health, and the Department of Defense. a reasonable time; ‘‘(A) the issuance of emergency use instruc- ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary ‘‘(iv) feedback by the Food and Drug Adminis- tions under paragraph (1) with respect to such shall establish within the Food and Drug Ad- tration regarding the data required to support product; or ministration a team of experts on manufacturing delivery of the countermeasure to the Strategic ‘‘(B) the introduction or delivery for introduc- and regulatory activities (including compliance National Stockpile under section 319F–2 of the tion of such product into interstate commerce with current Good Manufacturing Practices) to Public Health Service Act; accompanied by such instructions during an provide both off-site and on-site technical as- ‘‘(v) feedback by the Food and Drug Adminis- emergency response to an actual emergency de- sistance to the manufacturers of counter- tration regarding data required to support subscribed in subsection (a)(2)(B).’’. measures and products referred to in subsection mission of a proposed agreement on the design (b) RISK EVALUATION AND MITIGATION STRAT- (a). On-site technical assistance shall be pro- and size of clinical trials for review under sec- EGIES.—Section 505–1 of the Federal Food, Drug, vided upon the request of the manufacturer and tion 505(b)(5)(B); and and Cosmetic Act (21 U.S.C. 355–1), is at the discretion of the Secretary if the Sec- ‘‘(vi) other issues that have the potential to amended— retary determines that the provision of such as- delay approval, clearance, or licensure. (1) in subsection (f), by striking paragraph (7); sistance would accelerate the development, man- ‘‘(D) CHANGES.—Changes to the plan shall be and ufacturing, or approval, clearance, or licensure made by subsequent agreement between the Sec- (2) by adding at the end the following: of countermeasures and products referred to in retary and the sponsor. If after reasonable at- ‘‘(k) WAIVER IN PUBLIC HEALTH EMER- subsection (a). tempts to negotiate changes to the plan the Sec- GENCIES.—The Secretary may waive any re- ‘‘(c) AGENCY INTERACTION WITH SECURITY retary and the sponsor are unable to finalize quirement of this section with respect to a quali- COUNTERMEASURE SPONSORS.— such changes, the Secretary shall provide to the fied countermeasure (as defined in section 319F– ‘‘(1) IN GENERAL.—For security counter- sponsor, in writing, the scientific or regulatory 1(a)(2) of the Public Health Service Act) to measures (as defined in section 319F–2 of the rationale why such changes are required or can- which a requirement under this section has been Public Health Service Act) that are procured not be included in the plan. applied, if the Secretary determines that such under such section 319F–2— ‘‘(3) APPLICABILITY TO CERTAIN QUALIFIED waiver is required to mitigate the effects of, or ‘‘(A) the Secretary shall establish a process for PANDEMIC OR EPIDEMIC PRODUCTS.—The Sec- reduce the severity of, an actual or potential do- frequent scientific feedback and interactions be- retary may, with respect to qualified pandemic mestic emergency or military emergency involv- tween the Food and Drug Administration and or epidemic products (as defined in section ing heightened risk of attack with a biological, the security countermeasure sponsor (referred to 319F–3 of the Public Health Service Act) for chemical, radiological, or nuclear agent, or an in this subsection as the ‘sponsor’), designed to which a contract for advanced research and de- actual or potential public health emergency af- facilitate the approval, clearance, and licensure velopment is entered into under section 319L of fecting national security or the health and secu- of the security countermeasures; such Act, choose to apply the provisions of rity of United States citizens abroad.’’. ‘‘(B) such feedback and interactions shall in- paragraphs (1) and (2) to the same extent and in SEC. 8. PRODUCTS HELD FOR EMERGENCY USE. clude meetings and, in accordance with sub- the same manner as such provisions apply with The Federal Food, Drug, and Cosmetic Act (21 section (b)(2), on-site technical assistance; and respect to security countermeasures. U.S.C. 301 et seq.) is amended by inserting after ‘‘(C) at the request of the Secretary, the proc- ‘‘(d) FINAL GUIDANCE ON DEVELOPMENT OF section 564A, as added by section 7, the fol- ess under this paragraph shall include partici- ANIMAL MODELS.— lowing: pation by the Food and Drug Administration in ‘‘(1) IN GENERAL.—Not later than 1 year after ‘‘SEC. 564B. PRODUCTS HELD FOR EMERGENCY meetings between the Biomedical Advanced Re- the date of the enactment of the Pandemic and USE. search and Development Authority and sponsors All-Hazards Preparedness Reauthorization Act ‘‘It is not a violation of any section of this Act on the development of such countermeasures. of 2011, the Secretary shall provide final guid- or of the Public Health Service Act for a govern- ‘‘(2) REGULATORY MANAGEMENT PLAN.— ance to industry regarding the development of ment entity (including a Federal, State, local, ‘‘(A) IN GENERAL.—The process established animal models to support approval, clearance, and tribal government entity), or a person act- under paragraph (1) shall allow for the develop- or licensure of countermeasures and products ing on behalf of such a government entity, to in- ment of a written regulatory management plan referred to in subsection (a) when human effi- troduce into interstate commerce a product (as (in this paragraph referred to as the ‘plan’) for cacy studies are not ethical or feasible. defined in section 564(a)(4)) intended for emer- a security countermeasure (as defined in para- ‘‘(2) AUTHORITY TO EXTEND DEADLINE.—The gency use, if that product— graph (1)) in accordance with this paragraph. Secretary may extend the deadline for providing ‘‘(1) is intended to be held and not used; and ‘‘(B) PROPOSAL AND FINALIZATION OF PLAN.— final guidance under paragraph (1) by not more ‘‘(2) is held and not used, unless and until In carrying out the process under paragraph than 6 months upon submission by the Secretary that product— (1), the Secretary shall direct the Food and of a report on the status of such guidance to the

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 6333 E:\CR\FM\A06DE7.002 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8157 Committee on Energy and Commerce of the have 5 legislative days in which to re- citizens from various medical inci- House of Representatives and the Committee on vise and extend their remarks and in- dents, whether accidental, such as Health, Education, Labor, and Pensions of the sert extraneous materials into the H1N1 outbreaks, or those that are de- Senate. RECORD. liberate, such as anthrax attacks. ‘‘(e) BIENNIAL REPORT.—Not later than Janu- ary 1, 2013, and every 2 years thereafter, the The SPEAKER pro tempore. Is there The programs and activities first es- Secretary shall submit a report to the Committee objection to the request of the gen- tablished in both the 2004 Project Bio- on Energy and Commerce of the House of Rep- tleman from Pennsylvania? shield Act and the 2006 PAHPA codified resentatives and the Committee on Health, Edu- There was no objection. and expanded the Federal Govern- cation, Labor, and Pensions of the Senate, that, Mr. PITTS. Mr. Speaker, I yield my- ment’s support for public health pre- with respect to the preceding 2 fiscal years, in- self such time as I may consume. paredness. As a result of these bills and cludes— H.R. 2405, introduced by my colleague the investments that followed, our Na- ‘‘(1) the number of full-time equivalent em- MIKE ROGERS from Michigan, would re- ployees of the Food and Drug Administration tion is better equipped to respond to who directly support the review of counter- authorize certain provisions of the bioterrorism threats and attacks. measures and products referred to in subsection Project Bioshield Act of 2004 and the H.R. 2405 will now help to build on (a); Pandemic and All-Hazards Prepared- that progress. The bill further facili- ‘‘(2) estimates of funds obligated by the Food ness Act of 2006. These two laws help tates the development of medical coun- and Drug Administration for review of such protect the United States against at- termeasures, and it bolsters the Na- countermeasures and products; tacks from chemical, biological, radio- tion’s public health preparedness infra- ‘‘(3) the number of regulatory teams at the logical, and nuclear weapons. Food and Drug Administration specific to such structure. It strengthens and clarifies countermeasures and products and, for each Project Bioshield authorized funds the position of Assistant Secretary for such team, the assigned products, classes of for the purchase of medical counter- Preparedness and Response, who has products, or technologies; measures through the Special Reserve led the Federal Government’s efforts ‘‘(4) the length of time between each request Fund and enabled the Secretary of and attempts to improve coordination by the sponsor of such a countermeasure or Health and Human Services to author- and accountability. product for information and the provision of ize the emergency use of medical prod- I was especially supportive of the such information by the Food and Drug Admin- ucts. PAHPA created the Biodefense istration; bill’s provisions to identify and dedi- ‘‘(5) the number, type, and frequency of offi- Advanced Research and Development cate the FDA’s role in hazardous cial interactions between the Food and Drug Authority within HHS to help with the events. H.R. 2405 enhances the flexi- Administration and— development of medical counter- bility of FDA while strengthening their ‘‘(A) sponsors of a countermeasure or product measures and to ensure the commu- emergency use administrative func- referred to in subsection (a); or nication between HHS and the devel- tions. ‘‘(B) another agency engaged in development opers of the medical countermeasures. or management of portfolios for such counter- 1330 PAHPA also created a position at HHS b measures or products, including the Centers for These revisions are a significant step Disease Control and Prevention, the Biomedical to lead the government’s efforts on the Advanced Research and Development Author- chemical, biological, radiological, and forward on a framework for FDA to de- ity, the National Institutes of Health, and the nuclear weapons preparedness and re- velop better policies and guidance in appropriate agencies of the Department of De- sponse, the Assistant Secretary for emergency situations. fense; Preparedness and Response. In addition, I was appreciative of the ‘‘(6) a description of other measures that, as Some of these key provisions expired bipartisan effort to address the special determined by the Secretary, are appropriate to at the end of FY 2011. Since the ter- needs of pediatric populations in emer- determine the efficiency of the regulatory teams gency situations. It was clear that described in paragraph (3); and rorist attacks of 9/11, we have become ‘‘(7) the regulatory science priorities that re- more aware of the dangers our country there were some gaps in our Nation’s late to countermeasures or products referred to faces and of the lengths to which some public health emergency strategy for in subsection (a) and which the Food and Drug may go to inflict harm on us. These children, and I’m confident we took an Administration is addressing and the progress provisions must be reauthorized, so I appropriate approach for filling in made on these priorities.’’. would urge all Members to support this these gaps. (b) SPECIAL PROTOCOL ASSESSMENT.—Sub- critical piece of legislation. So I really want to thank Represent- paragraph (B) of section 505(b)(5) of the Federal ative MIKE ROGERS and Representative Food, Drug, and Cosmetic Act (21 U.S.C. I reserve the balance of my time. 355(b)(5)) is amended to read as follows: Mr. PALLONE. Mr. Speaker, I yield GENE GREEN and their staffs, who au- ‘‘(B)(i) The Secretary shall meet with a spon- myself such time as I may consume. thored the base bill and have continued sor of an investigation or an applicant for ap- I am pleased to rise in support of to work to strengthen its provisions. proval for a drug under this subsection or sec- H.R. 2405, the Pandemic and All-Haz- I would also like to thank the staff of tion 351 of the Public Health Service Act if the ards Preparedness Reauthorization Act the Energy and Commerce Committee sponsor or applicant makes a reasonable written of 2011. This bill is an opportunity to and, of course, my chairman, Mr. request for a meeting for the purpose of reach- build a more prepared and resilient PITTS, who collaborated in a bipartisan ing agreement on the design and size of— ‘‘(I) clinical trials intended to form the pri- public health infrastructure. We all manner to further enhance the bill. mary basis of an effectiveness claim; or know very well that our Nation con- They have worked hard to accomplish ‘‘(II) animal efficacy trials and any associated tinues to face threats that require an the goals of our Members, as well as clinical trials that in combination are intended ongoing commitment to public health stakeholders, and to strengthen its to form the primary basis of an effectiveness and emergency preparedness, which is provisions. It’s been a good bipartisan claim for a countermeasure or product referred why, over the past 10 years, this Con- process and one that I think should be to in section 565(a) when human efficacy studies gress has placed a high priority on bio- emulated in our subcommittee and full are not ethical or feasible. ‘‘(ii) The sponsor or applicant shall provide defense. committee in the future. information necessary for discussion and agree- In 2004, with tremendous bipartisan I would urge all Members to support ment on the design and size of the clinical trials. support, we passed the Project Bio- H.R. 2405. Minutes of any such meeting shall be prepared shield Act. Democrats and Republicans I reserve the balance of my time. by the Secretary and made available to the worked together to establish a process Mr. PITTS. Mr. Speaker, I yield such sponsor or applicant upon request.’’. that would help our Nation respond to time as he may consume to the gen- The SPEAKER pro tempore. Pursu- bioterrorism threats and attacks. We tleman from Michigan (Mr. ROGERS), ant to the rule, the gentleman from then identified some shortfalls and, in the prime sponsor of the legislation. Pennsylvania (Mr. PITTS) and the gen- 2006, worked to amend the program by Mr. ROGERS of Michigan. Thank tleman from New Jersey (Mr. PALLONE) passing the Pandemic and All-Hazards you, Mr. PITTS, and thank you for your each will control 20 minutes. Preparedness Act, also known as leadership on the committee to allow The Chair recognizes the gentleman PAHPA. Specifically, PAHPA provided this bill to come to the floor today. from Pennsylvania. the Department of Health and Human Good news, Mr. Speaker: this bill is bi- GENERAL LEAVE Services with the additional authori- partisan, it’s fiscally responsible, and Mr. PITTS. Mr. Speaker, I ask unani- ties and resources necessary to rapidly it will make a positive impact on our mous consent that all Members may develop drugs and vaccines to protect Nation’s national security.

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.002 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8158 CONGRESSIONAL RECORD — HOUSE December 6, 2011 It’s been more than 10 years since 9/ and first responders in their prepared- Mr. GENE GREEN of Texas. Mr. 11 and the anthrax attacks that fol- ness efforts. Under H.R. 2405, these pro- Speaker, as a personal aside, this prob- lowed. And while we haven’t had a suc- grams have been reauthorized for an ably won’t be the headline on the 6 cessful terrorist attack on U.S. soil, additional 5 years so that we can con- o’clock news tonight around the coun- our enemies are still working every tinue to strengthen our preparedness try because we’re actually agreeing on day to kill innocent Americans. Today infrastructure so critical for preven- something, and I think I can associate the threat of bioterrorism remains tion and dealing with any possible at- myself with the remarks of my col- very real. tack. league, the primary sponsor of this bill, Earlier this year, the bipartisan Gra- H.R. 2405 also strengthens the role of as well as he could associate with ham-Talent Commission warned that the HHS Assistant Secretary of Pre- mine, Mr. PALLONE, and Mr. PITTS. the United States it is still ‘‘vulnerable paredness and Response. We need to But I rise today in strong support of to a large-scale biological attack.’’ have one leader at HHS that coordi- H.R. 2405, the Pandemic and All-Haz- Thankfully, we have spent the last nates countermeasure development and ards Preparedness Reauthorization Act decade preparing for chemical, biologi- stockpiling across all agencies. This of 2011, which will reauthorize certain cal, radiological, and nuclear threats bill does that. provisions of the Project BioShield Act by developing and stockpiling numer- Finally, this bill includes important of 2004 and the Pandemic and All-Haz- ous medical countermeasures to pro- reforms to the Food and Drug Adminis- ards Preparedness Act of 2006, and I’m tect American citizens in case of such tration, the FDA. The bill strengthens proud to be an original cosponsor of an attack. Because of these efforts, we FDA’s role in reviewing medical prod- this legislation. now have numerous vaccines and treat- ucts for national security priorities. This legislation was initially passed ments in the Strategic National Stock- I believe that we’ve identified bio- by Congress to help the U.S. develop pile that will save lives, and thousands logical threats and spent millions in medical countermeasures against of lives, in the event of such an attack. taxpayers’ funds to develop counter- chemical, biological, radiological, and measures. The FDA must take a lead But we have more work to do to be nuclear terrorism agents to provide a role in getting these countermeasures prepared. H.R. 2405 is a bipartisan, fis- mechanism for Federal acquisition of approved. cally responsible bill that will reau- these newly developed counter- thorize successful biodefense programs While we can use many of these products without FDA approval through an measures. at the Department of Health and emergency-use authorization, the FDA Our Nation remains vulnerable to Human Services while also making licensure is hugely important and these threats because many of the vac- some key changes to our Nation’s bio- sends an important signal to devel- cines and medicines that are needed to defense strategy. protect our citizens do not exist. Devel- In 2004 Congress passed Project Bio- opers of these new hopeful technologies and immunizations working on next- oping and stockpiling these medical Shield, which created a market guar- generation medical countermeasures. countermeasures require time, re- antee that prompted the private sector Simply put, medical counter- sources and research, all of which will to develop countermeasures for the measures for national security prior- be provided under this legislation be- Federal Government. Because the gov- ities cannot continue to be treated the fore us today. ernment is the only purchaser of these same way as the next Viagra or As my colleague from Michigan said, countermeasures, it was important to Lipitor. FDA must accelerate their re- it may not be the bestseller on the show the private sector we were com- view and approval. market, like so many other pharma- mitted to developing and eventually It’s important for Members to know ceuticals, but this is something that purchasing these products for stock- that this legislation, again, is fiscally our country needs. pile. responsible. H.R. 2405 does not create H.R. 2405 is important to me because Project BioShield Special Reserve any new Federal programs or increase the University of Texas Medical Fund has been a critical tool to protect spending in any existing programs. I Branch-Galveston National Laboratory our country against an attack, and this am pleased CBO has confirmed this in is literally in the backyard of our con- legislation will reauthorize the fund for their score. H.R. 2405 creates a 5-year gressional district. The Galveston Na- 5 additional years to continue the Fed- reauthorization of the biodefense pro- tional Lab is the only BSL–4 lab lo- eral Government’s commitment to programs we know are working while cated on a university campus. curement of medical countermeasures. making critical policy changes at HHS At the lab, the scientists conduct re- Importantly, this legislation reaffirms to strengthen countermeasure develop- search and develop therapies, vaccines, that the Special Reserve Fund should ment and public health preparedness. and diagnostic tests for naturally-oc- only be used for chemical, biological, I would like to thank my colleagues curring emerging diseases such as radiological, and nuclear counter- on the Energy and Commerce Com- SARS and avian influenza, as well as measure procurement. This is a na- mittee for their hard work on this bi- for microbes that may be employed by tional security priority, and these partisan legislation. Mr. UPTON, Mr. terrorists. funds should never be diverted for PITTS, Mr. WAXMAN, Mr. PALLONE, and This is exactly the type of research other purposes. their staffs have spent several months we hope to encourage under the Pan- In 2006, Congress created a Bio- helping us develop a bipartisan bill demic and All-Hazards Preparedness medical Advanced Research and Devel- that can be signed into law. I want to Reauthorization Act. As an original co- opment Authority, called BARDA, especially thank my friends, GENE sponsor of H.R. 2405 with Mr. ROGERS, which helped bridge what many termed GREEN, SUE MYRICK, and ANNA ESHOO I’m really pleased with how quickly we the ‘‘valley of death’’ that had pre- for their work to advance this legisla- moved this rare bipartisan piece of leg- vented many countermeasure devel- tion; and I appreciate your work and islation. I want to thank Mr. ROGERS, opers from being successful. BARDA counsel along the way, Mr. GREEN. Chairman UPTON, Ranking Member was created because we recognize that I hope we never have to use these WAXMAN and Ranking Member PAL- most of the CBRN countermeasures do countermeasures, Mr. Speaker; but LONE, along with the chair of our not yet exist and medical development they are critical to the assurance that Health Subcommittee, Mr. PITTS, Mrs. countermeasure is a risky, expensive the public will be protected from an at- MYRICK, Ms. ESHOO, and Mr. MARKEY and lengthy process. tack, and we must continue to speed for their work on H.R. 2405. BARDA bridges the funding gap be- development and strengthen our na- I strongly urge my colleagues to vote tween early-stage research and the ul- tional stockpile. Simply put, we must ‘‘yes.’’ timate procurement of products from always be prepared. the SRF fund from the national stock- I would urge the strong support of b 1340 pile. H.R. 2405 reauthorizes BARDA for H.R. 2405. Mr. PITTS. I reserve the balance of 5 years. Mr. PALLONE. Mr. Speaker, I yield my time. In 2006, we also created a unique set such time as he may consume to one of Mr. PALLONE. Mr. Speaker, I yield 2 of public health programs to assist hos- the authors of the bill, the gentleman minutes to the gentlewoman from Cali- pitals, local public health departments, from Texas (Mr. GENE GREEN). fornia (Mrs. CAPPS).

VerDate Mar 15 2010 01:42 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.032 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8159 Mrs. CAPPS. Mr. Speaker, I rise in quality health care for the critically ill and in- sides of the aisle for working with me to rec- support of H.R. 2405, the Pandemic and jured in the context of public health prepared- ognize the importance of critical care pre- All-Hazards Preparedness Reauthoriza- ness. paredness by including these important provi- tion Act. But I want to take this time The 2009 H1N1 pandemic highlighted some sions. I look forward to continuing to work to to discuss a critical health issue that of the deficiencies in current federal critical ensure we have a robust critical care infra- Congress must address before the year care preparedness efforts, as hospitals and in- structure. is out—fixing the sustainable growth tensive care units faced very real shortages of The SPEAKER pro tempore. The rate issue. ventilators and federal officials scrambled to question is on the motion offered by Medicare physicians are facing steep identify solutions to mitigate this potential life the gentleman from Pennsylvania (Mr. reimbursement cuts of nearly 30 per- threatening situation. PITTS) that the House suspend the cent. And to let these cuts go into ef- In order to ensure that the nation’s critical rules and pass the bill, H.R. 2405, as fect will harm not only them and their care system is structured to provide the high- amended. employees, but our seniors as well. est quality and most efficient health care, in- The question was taken; and (two- That’s why I have been a longtime sup- cluding during a national health emergency, I thirds being in the affirmative) the porter of efforts to postpone SGR cuts joined with Congresswoman BALDWIN earlier rules were suspended and the bill, as and continue to work on a permanent this year to introduce the Critical Care Assess- amended, was passed. fix. ment and Improvement Act (H.R. 971). This A motion to reconsider was laid on We here in the House passed legisla- legislation is designed to identify gaps in the the table. tion to do just that through our current critical care delivery model and bolster f version of health care reform. And here capabilities to meet future demand. Today’s we are again, just weeks from the next bill includes provisions that reflect some of the SOAR TECHNICAL CORRECTIONS scheduled cut with an opportunity to national preparedness priorities from in H.R. ACT craft a bipartisan solution to an issue 971. We must ensure that critical care medicine Mr. GOWDY. Mr. Speaker, I move to that both sides of the aisle say they suspend the rules and pass the bill care about. But there is no workable is given sufficient consideration by the Admin- istration in respect to disaster preparedness (H.R. 3237) to amend the SOAR Act by plan in sight. clarifying the scope of coverage of the Instead, it is reported that any fix on efforts. Ms. BALDWIN. Mr. Speaker, I rise in sup- Act, as amended. the House side will come with indefen- The Clerk read the title of the bill. sible strings attached, pitting doctors’ port of the Pandemic and All-Hazards Pre- paredness Reauthorization Act, H.R. 2405, a The text of the bill is as follows: salaries against seniors’ benefits, Fed- measure that will improve our nation’s medical H.R. 3237 eral workers, and important cost-sav- preparedness and response capabilities. ing prevention programs. To be clear, Be it enacted by the Senate and House of Rep- I am especially pleased to see that this bill resentatives of the United States of America in SGR must be fixed permanently, but takes important steps to ensure that our med- Congress assembled, the idea of stripping other critical ical response systems are prepared to care for SECTION 1. SHORT TITLE. health care funding to pay for it, ideas the critically ill and injured in the aftermath of This Act may be cited as the ‘‘SOAR Tech- that will not see the light of day in the a public health emergency. nical Corrections Act’’. Senate, is like robbing Peter to pay As you can imagine, when we face a health SEC. 2. USE OF FUNDS. Paul. It is disingenuous to our Nation’s emergency such as a flu pandemic, the critical Section 3007(a)(4)(F) of the Scholarships for doctors, and it is an indefensible action care delivery system is an integral component Opportunity and Results Act (Public Law which will harm our seniors. of our nation’s medical response. Yet, up to 112–10; 125 Stat. 203) is amended to read as So I urge the majority to stop play- this point, critical care medicine has been follows: ing politics with the health and well- largely under-contemplated in our national ‘‘(F) ensures that, with respect to core academic subjects (as such term is defined in being of our seniors and to work to- health policy. gether to achieve a meaningful and re- section 9101(11) of the Elementary and Sec- Earlier this year, I introduced the bipartisan ondary Education Act of 1965 (20 U.S.C. alistic fix. Critical Care Assessment Act, H.R. 971, with 7801(11)), participating students are taught Mr. PITTS. Mr. Speaker, I would tell my colleague from Minnesota, ERIK PAULSEN. by a teacher who has a baccalaureate degree the gentleman from New Jersey that I This measure seeks to identify gaps in the or equivalent degree, whether such degree have no other speakers. current critical care delivery model and bolster was awarded in or outside of the United Mr. PALLONE. I have no additional our capabilities to meet future demands. States.’’. speakers. I urge support for this legis- I am pleased that the measure before us SEC. 3. NATIONALLY NORM-REFERENCED STAND- lation. It is truly bipartisan. today includes two important provisions from ARDIZED TESTS. I yield back the balance of my time. my bill to improve federal disaster prepared- Section 3008(h) of the Scholarships for Op- portunity and Results Act (Public Law 112– Mr. PITTS. Mr. Speaker, this is good, ness efforts to care for the critically ill and in- bipartisan legislation. I would like to 10; 125 Stat. 205) is amended by striking para- jured. graph (2) and inserting the following: thank Mr. PALLONE, Mr. GREEN, Mr. Notably, the reauthorization bill adds critical ‘‘(2) ADMINISTRATION OF TESTS.—The Insti- WAXMAN, along with our side of the care to the priorities within the nation’s med- tute of Education Sciences shall administer aisle, for developing and helping move ical preparedness goals. When a natural dis- nationally norm-referenced standardized this bipartisan legislation. I urge my aster strikes or a pandemic sweeps the nation, tests, as described in paragraph (3)(A) of sec- colleagues to support it, and I yield the demands on critical care increase expo- tion 3009(a), to students participating in the back the balance of my time. nentially, and I am pleased to see this lan- evaluation under section 3009(a) for the pur- Mr. PAULSEN. Mr. Speaker, I rise in sup- guage that recognizes the importance of treat- pose of conducting the evaluation under such section, except where a student is attending port of the Pandemic and All-Hazards Pre- ing the critically ill and injured in a public paredness Reauthorization Act that aims to a participating school that is administering health emergency. the same nationally norm-referenced stand- bolster the nation’s public health preparedness Additionally, the reauthorization bill improves ardized test in accordance with the testing infrastructure. efforts to ensure that the systems we have in requirements described in paragraph (1). In particular, I want to thank Congressman place to address surge capacity will work ef- ‘‘(3) TEST RESULTS.—Each participating ROGERS for including key provisions that en- fectively and efficiently during an emergency. school that administers the nationally norm- hance the nation’s ability to care for the criti- Specifically, the bill includes language to pro- referenced standardized test described in cally ill and injured in the aftermath of a public vide for periodic evaluation and testing of the paragraph (2) to an eligible student shall health emergency. This includes section two databases intended to ensure medical surge make the test results, with respect to such that adds the critical care system to the Na- student, available to the Secretary as nec- capacity. essary for evaluation under section 3009(a).’’. tional Health Security Strategy’s medical pre- As we learned during Hurricane Katrina and SEC. 4. EVALUATIONS. paredness goals, to ensure that critical care is the 2009 H1N1 pandemic, having a system in Section 3009(a)(3) of the Scholarships for prioritized in planning efforts to increase pre- place for the effective deployment of needed Opportunity and Results Act (Public Law paredness in respect to public health emer- medical personnel and supplies is vital for the 112–10; 125 Stat. 206) is amended— gencies. care of the critically ill and injured. (1) in subparagraph (A), by inserting before We must understand the significant role crit- I would like to thank Chairman UPTON, the semicolon the following: ‘‘in a manner ical care medicine plays in providing high Chairman PITTS, and my colleagues on both consistent with section 3008(h)’’; and

VerDate Mar 15 2010 04:31 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.033 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8160 CONGRESSIONAL RECORD — HOUSE December 6, 2011 (2) in subparagraph (C), by inserting ‘‘, if Mr. GOWDY. Mr. Speaker, I would of section 5 of this Act, the’’ and inserting requested by the Institute of Education again thank our colleagues Ms. NORTON ‘‘The’’. Sciences,’’ after ‘‘will participate’’. and Mr. CUMMINGS, and I urge Members (f) CLARIFICATION OF ROLE OF DISTRICT OF The SPEAKER pro tempore. Pursu- to support the passage of H.R. 3237. COLUMBIA AS SUCCESSOR IN INTEREST.—Section ant to the rule, the gentleman from 8 of such Act (sec. 6–321.08, D.C. Official Code) I yield back the balance of my time. is amended by striking ‘‘the terms’’ and all that South Carolina (Mr. GOWDY) and the The SPEAKER pro tempore. The follows and inserting ‘‘any reference to the gentlewoman from the District of Co- question is on the motion offered by ‘Agency’ shall be deemed to be a reference to the lumbia (Ms. NORTON) each will control the gentleman from South Carolina District of Columbia as the successor in interest 20 minutes. (Mr. GOWDY) that the House suspend to the Agency.’’. The Chair recognizes the gentleman the rules and pass the bill, H.R. 3237, as SEC. 2. CLARIFICATION OF PERMITTED ACTIVI- from South Carolina. amended. TIES AT MUNICIPAL FISH MARKET. GENERAL LEAVE The question was taken; and (two- The Act entitled ‘‘An Act Authorizing the Mr. GOWDY. Mr. Speaker, I ask thirds being in the affirmative) the Commissioners of the District of Columbia to make regulations respecting the rights and unanimous consent that all Members rules were suspended and the bill, as privileges of the fish wharf’’, approved March may have 5 legislative days within amended, was passed. 19, 1906 (sec. 37–205.01, D.C. Official Code), is which to revise and extend their re- A motion to reconsider was laid on amended— marks and include extraneous material the table. (1) by striking ‘‘operate as a municipal fish on the bill under consideration. f wharf and market’’ and inserting ‘‘operate as a The SPEAKER pro tempore. Is there market and for such other uses as the Mayor de- objection to the request of the gen- PROMOTING DEVELOPMENT OF termines to be appropriate’’; tleman from South Carolina? SOUTHWEST DISTRICT OF CO- (2) by striking ‘‘, and said wharf shall con- LUMBIA WATERFRONT stitute the sole wharf for the landing of fish and There was no objection. oysters for sale in the District of Columbia’’; Mr. GOWDY. Mr. Speaker, I yield Mr. GOWDY. Mr. Speaker, I move to and myself such time as I may consume. suspend the rules and pass the bill (3) by striking ‘‘operation of said municipal Earlier this year, this body debated (H.R. 2297) to promote the development fish wharf and market’’ and inserting ‘‘oper- and ultimately approved legislation of the Southwest waterfront in the Dis- ation of said market’’. authorizing scholarships to give needy trict of Columbia, and for other pur- SEC. 3. MAINE LOBSTERMAN MEMORIAL. District of Columbia students the op- poses, as amended. (a) IN GENERAL.—Except as provided in sub- portunity to leave their public school The Clerk read the title of the bill. section (b), nothing in this Act or any amend- and enroll in a private school of their The text of the bill is as follows: ment made by this Act authorizes the removal, destruction, or obstruction of the Maine choice. H.R. 2297 Following the House’s approval of Lobsterman Memorial which is located near Be it enacted by the Senate and House of Rep- Maine Avenue in the District of Columbia as of the SOAR Act, the legislation was en- resentatives of the United States of America in the date of enactment of this Act. acted into law as a part of the Depart- Congress assembled, (b) MOVEMENT OF MEMORIAL.—The Maine ment of Defense and Full-Year Con- SECTION 1. PROMOTING DEVELOPMENT OF Lobsterman Memorial referred to in subsection tinuing Appropriations Act, which was SOUTHWEST WATERFRONT. (a) may be moved from its location as of the date signed by the President on April 15. (a) UPDATED DESCRIPTION OF PROPERTY.— of the enactment of this Act to another location We are here today because there are Section 1 of the Act entitled ‘‘An Act to author- on the Southwest waterfront near Maine Ave- several small and technical modifica- ize the Commissioners of the District of Colum- nue in the District of Columbia if at that locations that need to be made in order for bia on behalf of the United States to transfer tion there would be a clear, unimpeded pedes- from the United States to the District of Colum- trian pathway and line of sight from the Memo- the scholarship program to achieve its bia Redevelopment Land Agency title to certain rial to the water. goal. This legislation would clarify real property in said District’’, approved Sep- three provisions: first, the education The SPEAKER pro tempore. Pursu- tember 8, 1960 (sec. 6–321.01, D.C. Official Code), ant to the rule, the gentleman from requirements for teachers of scholar- is amended by striking all that follows the colon ship students; second, how the nation- and inserting the following: ‘‘The property lo- South Carolina (Mr. GOWDY) and the ally norm-referenced test would be ad- cated within the bounds of the site the legal de- gentlewoman from the District of Co- ministered in order to properly collect scription of which is the Southwest Waterfront lumbia (Ms. NORTON) each will control data to study the effectiveness of the Project Site (dated October 8, 2009) under Ex- 20 minutes. hibit A of the document titled ‘Intent to Clarify program; and, third, which students The Chair recognizes the gentleman the Legal Description in Furtherance of Land from South Carolina. participate in the study. Disposition Agreement’, as filed with the Re- GENERAL LEAVE On November 3, the House Com- corder of Deeds on October 27, 2009 as Instru- mittee on Oversight and Government ment Number 2009116776.’’. Mr. GOWDY. Mr. Speaker, I ask Reform approved H.R. 3237, the SOAR (b) CLARIFICATION OF METHOD OF TRANS- unanimous consent that all Members Technical Corrections Act, by a voice FER.—Section 1 of such Act (sec. 6–321.01, D.C. may have 5 legislative days in which to vote. Official Code) is amended by inserting ‘‘by one revise and extend their remarks and in- Mr. Speaker, I would also like to or more quitclaim deeds’’ immediately after ‘‘to clude extraneous material on the bill transfer’’. thank my colleague, Ms. NORTON, and under consideration. (c) CLARIFICATION OF RELATION TO MASTER The SPEAKER pro tempore. Is there my colleague, Ranking Member CUM- DEVELOPMENT PLAN.—Section 2 of such Act MINGS, for working with us to ensure (sec. 6–321.02, D.C. Official Code) is amended— objection to the request of the gen- we had the appropriate language to (1) by striking ‘‘an urban renewal plan’’ and tleman from South Carolina? modify the legislation that is before us inserting ‘‘a master plan’’; and There was no objection. today. (2) by striking ‘‘such urban renewal plan’’ Mr. GOWDY. Mr. Speaker, I yield With that, I reserve the balance of and inserting ‘‘such master plan’’. myself such time as I may consume. my time. (d) EXPANDING PERMITTED DISPOSITIONS AND Although the United States Constitu- Ms. NORTON. Mr. Speaker, I yield USES OF CERTAIN PROPERTY.—Section 4 of such tion gives Congress exclusive legisla- Act (sec. 6–321.04, D.C. Official Code) is amend- tive authority over the Federal Dis- myself such time as I may consume. ed to read as follows: I appreciate Speaker BOEHNER, Sen- ‘‘SEC. 4. The Agency is hereby authorized, in trict, in 1973 we granted the District of ate Homeland Security and Govern- accordance with the District of Columbia Rede- Columbia some significant autonomy ment Affairs Committee Chair LIEBER- velopment Act of 1945 and section 1, to lease or by approving the Home Rule Act. Con- MAN, and Oversight and Government sell to a redevelopment company or other lessee gress still must act, however, before Reform Chair ISSA, as well as my good or purchaser such real property as may be the city can pursue certain activities. colleague on the other side of the aisle, transferred to the Agency under the authority This brings us to the legislation before the subcommittee chairman, Mr. of this Act.’’. us today. (e) REPEAL OF REVERSION.— GOWDY, I appreciate that all of them Mr. Speaker, H.R. 2297 is needed to (1) REPEAL.—Section 5 of such Act (sec. 6– have worked with us and have con- 321.05, D.C. Official Code) is repealed. update zoning laws to allow the Dis- sulted with us on these technical (2) CONFORMING AMENDMENT.—Section 3 of trict the flexibility to lease or sell real changes, and I do not oppose this bill. such Act (sec. 6–321.03, D.C. Official Code) is property on the Southwest waterfront I yield back the balance of my time. amended by striking ‘‘Subject to the provisions to a private-sector developer. There is

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.019 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8161 currently a $2 billion redevelopment I urge passage of the bill. tleman from Michigan (Mr. CONYERS) plan pending to renovate this area, I yield back the balance of my time. each will control 20 minutes. which is only a short distance from the Mr. GOWDY. Mr. Speaker, I would The Chair recognizes the gentleman United States Capitol building. once again thank our colleague Ms. from Virginia. We hope this redevelopment plan will HOLMES NORTON and Ranking Member GENERAL LEAVE accomplish its goal of spurring eco- CUMMINGS. Mr. DAVIS, the ranking Mr. GOODLATTE. Mr. Speaker, I ask nomic development and bringing jobs member of the subcommittee, as my unanimous consent that all Members to the city of Washington, D.C. colleague so aptly pointed out, also de- may have 5 legislative days within This legislation was approved by the serves credit. which to revise and extend their re- Committee on Oversight and Govern- With that, I would urge all of our fel- marks and include extraneous mate- ment Reform by a voice vote. I again low Members to support the passage of rials on H.R. 2471, as amended. would like to thank my colleague, Ms. H.R. 2297, and I yield back the balance The SPEAKER pro tempore. Is there HOLMES NORTON from the District of of my time. objection to the request of the gen- Columbia, and Ranking Member CUM- The SPEAKER pro tempore. The tleman from Virginia? MINGS for working with us on this leg- question is on the motion offered by There was no objection. islation. the gentleman from South Carolina Mr. GOODLATTE. Mr. Speaker, I I reserve the balance of my time. (Mr. GOWDY) that the House suspend yield myself such time as I may consume. b 1350 the rules and pass the bill, H.R. 2297, as amended. Today I am pleased that we are con- Ms. NORTON. Mr. Speaker, I yield The question was taken; and (two- sidering a bipartisan bill to update the myself such time as I may consume. thirds being in the affirmative) the Video Privacy Protection Act of 1988. I want to thank the chairman of the rules were suspended and the bill, as This bill will ensure that a law related full committee, Mr. ISSA and my good amended, was passed. to the handling of videotape rental in- friend on the other side who is man- A motion to reconsider was laid on formation is updated to reflect the re- aging the bill for the committee, the the table. alities of the 21st century. chair of the subcommittee, Mr. GOWDY, The VPPA was passed by Congress in for working closely with us on this bill f the wake of Judge Robert Bork’s 1987 so that we could get it to the floor RECESS Supreme Court nomination battle, dur- today. I also thank the ranking mem- The SPEAKER pro tempore. Pursu- ing which a local Washington, D.C., ber of the full committee and Mr. ant to clause 12(a) of rule I, the Chair newspaper obtained a list of videotapes DAVIS, the subcommittee ranking declares the House in recess until ap- the Bork family rented from its neigh- member, for their very important con- proximately 2:45 p.m. today. borhood videotape rental store. This sultation. Accordingly (at 1 o’clock and 54 min- disclosure caused bipartisan outrage, H.R. 2297 will allow development of utes p.m.), the House stood in recess which resulted in the enactment of the the waterfront area in Southwest until approximately 2:45 p.m. VPPA. Washington, D.C., by making technical The commercial video distribution changes concerning land owned by the f landscape has changed dramatically District of Columbia. The District has b 1451 since 1988. Back then, the primary con- owned the Southwest waterfront since sumer consumption of commercial AFTER RECESS the early 1960s, but the legislation that video content occurred through the transferred the land to the District The recess having expired, the House sale or rental of prerecorded video- contained restraints typical of the pre- was called to order by the Speaker pro cassette tapes. This required users to home-rule period. tempore (Mr. BASS of New Hampshire) travel to their local video rental store H.R. 2297 updates that outdated legis- at 2 o’clock and 51 minutes p.m. to pick a movie. Afterward, consumers lation to allow for the highest and best f had to travel back to the store to re- use of the land. The limitations serve turn the rented movie. Movies that ONLINE CONSENT FOR SHARING no Federal purpose, but the unintended consumers rented and enjoyed were VIDEO SERVICE USE effect was to make a wasted asset of recommended to friends primarily land that could be productive and Mr. GOODLATTE. Mr. Speaker, I through face-to-face conversations. revenue- and jobs-producing. Federal move to suspend the rules and pass the With today’s technology, consumers agencies have been consulted on H.R. bill (H.R. 2471) to amend section 2710 of can quickly and efficiently access 2297 and raised no objections. title 18, United States Code, to clarify video programming through a variety The bill will allow mixed-use devel- that a videotape service provider may of platforms, including through Inter- opment on the waterfront for the first obtain a consumer’s informed, written net protocol-based video services, all time and will create jobs and raise consent on an ongoing basis and that without leaving their homes. local and Federal revenue at a time consent may be obtained through the This bill updates the VPPA to allow when they are needed most. The Fed- Internet, as amended. videotape service providers to facili- eral Government has no interest in the The Clerk read the title of the bill. tate the sharing on social media net- Southwest waterfront other than the The text of the bill is as follows: works of the movies watched or rec- Maine Lobsterman Memorial and the H.R. 2471 ommended by users. Specifically, it is Titanic Memorial, which the District Be it enacted by the Senate and House of Rep- narrowly crafted to preserve the and the National Park Service have resentatives of the United States of America in VPPA’s protections for consumers’ pri- worked together to preserve. Congress assembled, vacy while modernizing the law to em- The bill also expands the types of SECTION 1. AMENDMENT. power consumers to do more with their goods that can be sold at the fish mar- Section 2710(b)(2) of title 18, United States video consumption preferences, includ- ket on the waterfront—a market well Code, is amended by striking subparagraph (B) ing sharing names of new or favorite known in the region. The bill includes and inserting the following: TV shows or movies on social media in language that we developed with Sen- ‘‘(B) to any person with the informed, written a simple way. However, it protects the consent (including through an electronic means ator SUSAN COLLINS of Maine to ensure using the Internet) in a form distinct and sepa- consumer’s control over the informa- the protection of the Maine rate from any form setting forth other legal or tion by requiring consumer consent be- Lobsterman Memorial, which is lo- financial obligations of the consumer given at fore any of this occurs, and it makes cated at the Southwest waterfront near one or both of the following times— clear that a consumer can opt-in to the Maine Avenue. ‘‘(i) the time the disclosure is sought; and ongoing sharing of his or her favorite Mr. Speaker, this is a noncontrover- ‘‘(ii) in advance for a set period of time or movies or TV shows without having to sial bill that passed committee by until consent is withdrawn by such consumer;’’. provide consent each and every time a voice vote that removes out-of-date re- The SPEAKER pro tempore. Pursu- movie is rented. strictions. It involves no cost to the ant to the rule, the gentleman from It also makes clear that written, af- Federal Government. Virginia (Mr. GOODLATTE) and the gen- firmative consent can be provided

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.038 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8162 CONGRESSIONAL RECORD — HOUSE December 6, 2011 through the Internet and can be with- As the bill moved through committee tion of Judge Robert Bork’s rental drawn at any time. markup, I wanted to make sure that records during his nomination pro- Finally, thanks to an amendment the bill provided the greatest protec- ceeding to the United States Supreme from the gentleman from New York, tions for consumer privacy. Accord- Court. The committee report also the ranking member of the Constitu- ingly, like the subcommittee chair, I noted where an attorney obtained tion Subcommittee, Mr. NADLER, the supported the Nadler amendments that video records in a custody dispute to amended bill we are considering today required such consent requests be demonstrate that the father was unfit requires that the consent be distinct clearly and prominently presented to to have custody of his children based and separate from any other form set- the consumer. largely on his video rental records. ting forth other legal and financial ob- b 1500 Many of the lawsuits today reflect con- ligations. sumer concerns with precisely this This bill is truly pro-consumer and Fortunately, those amendments were type of abuse and misuse of rental places the decision of whether or not to accepted. And though I feel that the records and other equally private infor- share video rentals with one’s friends bill could have gone further—I believe, mation. squarely in the hands of the consumer. for example, that the consumer should The stated purpose of the bill is to In fact, the cochairs of the Future of be asked periodically if their consent respond to the new commercial video Privacy Forum correctly pointed out, should be renewed—it is a good bill. distribution landscape by empowering in an opinion piece in Roll Call on No- Accordingly, I join in supporting its consumers to do more with their video vember 29, that ‘‘the antiquated law on passage. consumption preference, including the books is a hindrance to con- I reserve the balance of my time. sharing names of new or favorite TV sumers.’’ Mr. GOODLATTE. Mr. Speaker, I shows or movies on social media in a This legislation does not change the thank the gentleman from Michigan, simple way. But when you really peel scope of who is covered by the VPPA or the distinguished ranking member of away the layers, you have to ask your- the definition of ‘‘personally identifi- the committee, for his support for the self one question: Who does this bill able information.’’ In addition, it pre- legislation. benefit? It really doesn’t benefit the serves the requirement that the user I continue to reserve the balance of consumer. The consumer already has provide affirmative, written consent. my time. the capacity to share his or her video It is time that Congress updates the Mr. CONYERS. I am pleased to yield preferences online however she pleases. VPPA to keep up with today’s tech- such time as he may consume to the The bill instead benefits companies nology and the consumer marketplace. gentleman from North Carolina, my by relieving them of the burden of pro- This bill does just that. I hope my col- friend MEL WATT of the Judiciary Com- tecting consumer records by getting a leagues will join me in supporting this mittee. He is the ranking sub- one-time universal consent to disclose important piece of bipartisan legisla- committee member of this part of the users’ viewing history in order to share tion. Judiciary Committee. them on social media sites. But be- I reserve the balance of my time. Mr. WATT. I thank the gentleman Mr. CONYERS. Mr. Speaker, I yield cause social media sites are often dy- from Michigan for yielding time. I re- myself such time as I may consume. namic, with users’ rosters of friends I thank the gentleman from Virginia gret that I have to be the skunk at the ever changing, a consumer’s consent party today in opposition to this bill. (Mr. GOODLATTE) for his excellent pres- today to allow access to their viewing entation. I agree with him that what While I support innovation on the history is clearly not informed by who probably triggered this bill in 1988 was Web, I do not support it at the expense will be their friend tomorrow. Supreme Court nominee Robert Bork’s of consumer privacy. I believe we’ve Today, when online bullying of teens video rental history in which his pri- rushed this bill to the floor without or young adults is increasing and lead- vacy was violated in a very major way. sufficient development and, con- ing to depression or suicide, we should And so I join him and the members of sequently, without giving any thought have greater care to ensure that their the House Judiciary Committee in sup- to its implications for consumer pri- interests are not cavalierly dis- porting the Video Privacy Protection vacy. regarded. Allowing video service pro- Act, which provides continued con- The bill would amend what is widely viders to release information as private sumer protection. H.R. 2471 is very im- considered to be one of the strongest as a person’s viewing history, which portant in this respect because, over protections of consumer privacy clearly shows to the world their loves, the course of the 23 years since this records in the United States, the Video likes, and dislikes, should not be done measure has become law, there have Privacy Protection Act, without re- without careful contemplation and been significant changes in the ways ceiving testimony from a single pri- consideration. and the means by which people view vacy expert. It also ignores the impact In closing, I would just emphasize technological content. this bill may have on State laws pro- that I believe that technological ad- Movies can now be downloaded to viding similar or greater protections. vance and innovation are both ex- mobile phones; live events can be At a time when we know that tech- tremely important. It is the future of streamed in real-time to laptops using nology that’s pervasive and invasive America’s economy. I don’t question mobile Internet services. There were so has become almost commonplace, our that. However, allowing the release of many other things happening in the responsibility as policymakers is not truly private consumer information in transformation that go on at all times to surrender to technology and to sac- the name of innovation without careful that could not have been contemplated rifice the values that we have held dear consideration is reckless on our part, in 1988. So there was ambiguity about since the founding of this Nation. and I urge my colleagues to vote ‘‘no’’ whether the statute applies only to Technology and privacy are not in- on this legislation. physical goods, such as videocassettes compatible. We can and should pro- Mr. GOODLATTE. Mr. Speaker, I and DVDs. mote technological innovation while yield myself such time as I may con- Under this bill, a videotape service simultaneously preventing the unwar- sume to respond to my good friend provider means anybody engaged in the ranted, uninformed dissemination of from North Carolina. He and I have at- business, in or affecting interstate or personal information. This bill falls tempted to work together to resolve foreign commerce, of rental, sale, or short of that objective. The supporters his differences. In fact, I believe that delivery or prerecorded videocassette of this bill point to the widespread the amendment offered by the gen- tapes or similar audiovisual materials. sharing already taking place over the tleman from New York (Mr. NADLER) It’s the phrase ‘‘similar audiovisual Internet, but they neglect to publicize does resolve some of the concerns the materials’’ that has created some am- the privacy lawsuits, some of which are gentleman had. But obviously, as he biguity. So what we’ve done is specified still pending, against those video and has just expressed, not all of them. So the requirement of informed written music sites that permit their users to I would like to respond to what he has consent for disclosure may include con- share their playlist. indicated. sent through electronic means using The Video Privacy Protection Act Content providers, the Internet com- the Internet. was not only a reaction to the publica- munity, and consumer advocacy groups

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.044 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8163 support the bipartisan effort to enact a about themselves with their friends; from having this kind of private infor- commonsense modernization of the but used inappropriately, personal in- mation—I would think since the origi- Video Privacy Protection Act. Hulu, formation can be shared beyond a nal Video Protection Act was about Google, Facebook, IAC, Apple, the Cen- user’s friends. Just as parents are re- protecting the privacy of Judge Robert ter for Democracy and Technology, and sponsible for teaching their children Bork and people going into his records the Future of Privacy Forum are not to talk to strangers, the committee to review his video viewing privacy, among those who see H.R. 2471 for the expects parents to play an active role that my colleagues on the opposite side simple modernizing amendment that it in ensuring their children’s proper use of the aisle would be the most vigorous is. of social networking or any other Web in trying to protect this. But here we The VPPA contains a strict standard sites on the Internet. are giving in to the interests that will of privacy: Opt-in consent. The pro- This legislation in no way changes make money out of this and exposing posed amendment to the VPPA, H.R. the privacy protection for children on our children and our own viewing hab- 2471, keeps the opt-in standard fully in- the Internet. And that law, as the its to this kind of intrusive action on tact. H.R. 2471 enhances the protection VPPA itself, with regard to its privacy our part, and we are doing it without provided by the VPPA by ensuring that protections and its opt-in require- the benefit of any testimony at a hear- the opt-in consent required must be ments, is not changed. This is simply a ing to talk about this. We should sim- separate and distinct from any other modern way for people to be able to ply not be doing this. end-user agreement. This measure fur- communicate with their friends in I would like to submit for the ther empowers consumers to make de- ways that are convenient to them and RECORD a letter dated December 5, 2012, cisions about their information in a that they already use and do not under- from the Electronic Privacy Informa- manner that is fully informed. stand why, if they can use it with tion Center in which they aggressively None of the examples provided by Mr. music, with news, with books, with oppose this legislation. They say they WATT illustrated disagreement between other forms of communication and are a nonpartisan public interest re- the commenters he highlighted with speech, that they can’t do it with research organization. the consumer empowerment measures gard to their movie and television The Video Privacy Protection Act that H.R. 2471 provides. H.R. 2471 sim- shows. was passed in 1988, following disclosure ply gives consumers the freedom to I reserve the balance of my time. of the private video rental records of a share what they’ve watched with their Mr. CONYERS. Mr. Speaker, I yield Supreme Court nominee by a video friends if they would like to. It grants my colleague from North Carolina (Mr. rental store to a news organization. consumers the same right to share WATT) as much time as he may con- There was broad-based support for pas- movies and television shows that sume. sage, and the act was signed by Presi- they’ve enjoyed, as is already possible Mr. WATT. I thank the gentleman dent Ronald Reagan. This act is consid- for music, news, and books. He cor- for yielding once again. ered a model privacy act in many re- rectly notes that someone can right And in response to my colleague from spects. It is technology neutral. now go on Facebook or some other so- Virginia (Mr. GOODLATTE), we have in And this bill undermines this Video cial media and say, I watched this fact been trying to work out our dif- Privacy Act that was the model act movie or that television show, and I ferences. The problem is that his defi- that was designed to protect a Repub- like it or don’t like it. The difference, nition of protecting privacy is not as lican nominee to the Supreme Court however, is that consumers do not un- extensive as my definition of pro- and was signed into law by a Repub- derstand why they can have an ar- tecting privacy. And I think my defini- lican President. And here we are in this rangement for the music they listen to tion of protecting privacy is more con- Congress getting ready to send a bill to immediately go up online so that sistent with consumers, because con- over to the Senate—which hopefully their friends can listen to the same sumers keep filing these lawsuits to they won’t act on; they will save us music simultaneously, but with regard try to protect themselves from the dis- from our own ineptitude—which would to movies they have to take additional closure of their personal information. undermine the key provision of the steps that can, under circumstances, be The Electronic Privacy Information Video Protection Act, which is the inconvenient to them. That’s why they Center, which has been at the forefront right of users to give meaningful con- like this convenience, and that’s why of ensuring privacy protections for consent to the disclosure of their personal consumers should have it. And that’s sumers in the information age, just information. why this bill empowers consumers in last week secured a victory for This blanket consent, according to ways that they are not empowered Facebook users when its complaint to the Electronic Privacy Information today, and why it is a real consumer the Federal Trade Commission resulted Center—and I agree with them whole- bill. in a settlement requiring Facebook to H.R. 2471 ensures that the VPPA’s heartedly. The blanket consent provi- establish an extensive privacy pro- high standard of privacy protection re- sions transfer control from the indi- gram. Analytics Company and Web mains untouched. Consumers must af- vidual user to the company in posses- video Hulu.com have been hit with an- firmatively opt in to share with friends sion of the data and diminish the con- other privacy lawsuit over their al- the movies and television shows trol that Netflix customers would have leged use of supercookies to track peo- they’ve watched. A consumer can within the use and disclosure of their per- draw his or her consent at any time. ple. sonal information. There is case after case after case of And H.R. 2471 is narrowly tailored to ‘‘While we recognize that other com- consumers’ information being used, update the VPPA, a 1980s law, to make panies routinely report on the activi- abused, and misused, and here we are it compatible with consumers’ desires, ties of their customers, we note that making it easier for that to occur by with consumers’ communication, with Facebook users have never been par- consumers’ socializing on the Internet saying you can give one time—they al- ticularly happy about this. The history in the 21st century. ready have the authority to release the of Beacon is well known—and also that information when they download a the routine disclosure of video viewing b 1510 movie now, but this will give one-time, activities is not something that most The committee has indicated in its universal coverage to release every- Facebook users are clamoring for.’’ report language that there is no inten- thing that I view on video. And that’s In fact, Facebook, as we just indi- tion for this clarification to negate in inconsistent with what I think is nec- cated, just entered into a settlement of any way existing laws, regulations, and essary to protect the privacy of people a privacy lawsuit. And here we are on practices designed to protect and pro- in this electronic age. the floor of the House saying that we vide the privacy of children on the Now, I understand that there are peo- value the business interests more than Internet. As always, however, the first ple who have an interest in this; I we value the personal privacy interests line of defense to protecting a child’s mean, there are people who profit from of individual citizens. privacy while online is the parents. mining this kind of information. But This is a bad idea. It shouldn’t be Social networking Web sites allow our interest should be in protecting the here on the suspension calendar as if users to share personal information rights of consumers, protecting them it’s a noncontroversial clarification of

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.048 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8164 CONGRESSIONAL RECORD — HOUSE December 6, 2011 the law. This is a dramatic under- H.R. 2471 would undermine the key provi- strong support on both sides of the mining of the Video Privacy Protection sion in the VPPA, which is the right of users aisle. Act. We are doing a disservice to our to give meaningful consent to the disclosure I have no further requests for time, constituents by giving this authority. of their personal information. Such blanket and I reserve the balance of my time. consent provisions transfer control from the They already have the authority to do Mr. CONYERS. Mr. Speaker, I am individual user to the company in possession pleased to yield the remainder of my it on a case-by-case-by-case basis. It of the data and diminish the control that may be inconvenient to the companies Netflix customers would have in the use and time to a distinguished magistrate to get the authority given to them that disclosure of their personal information. from Georgia (Mr. JOHNSON), now a way, but that’s the way it should be While we recognize that other companies member of the Judiciary Committee. given to them, not in some blanket au- routinely report on the activities of their The SPEAKER pro tempore. The gen- thority that just allows the companies customers, we note that Facebook users tleman is recognized for 2 minutes. to go in and use this information willy- have never been particularly happy about Mr. JOHNSON of Georgia. Thank this—the history of Beacon is well known— you, mister ranking member. nilly and without regard to the pri- and also that the routine disclosure of video Mr. Speaker, I rise today in opposi- vacy. viewing activities is not something that tion to passage of H.R. 2471. This bill I thank the gentleman for yielding most Facebook users are clamoring for. If will make it easy for video producers again. And I may ask him to yield anything, most Netflix users seem to be un- to be able to sell to others information again depending on what happens—oh, happy about the company’s disregard for its customers. that consumers may feel is private. he says he’s not going to yield to me Now, I, myself, don’t want folks to anymore. The proposal is particularly surprising in light of the recent decision by the Federal know that I have ordered up ‘‘Debbie I just think my colleagues should Does Dallas.’’ I may not mind if they vote against this bill, defeat it on sus- Trade Commission concerning Facebook and privacy, which found that when companies know that I ordered up ‘‘J. Edgar,’’ but pension, and let’s at least debate it seek to change the privacy defaults of their I don’t want them to know that I or- under regular order on the floor of the users, they are essentially engaging in an dered ‘‘Good Girls Gone Bad.’’ And on House or send it back to the committee unfair and deceptive trade practice. That behalf of Judge Robert Bork, I cer- so we can have some hearings about would be the practical impact of this amend- tainly wouldn’t want anyone to be able ment—to take away control of the user’s in- the privacy implications so we can get to uncover the fact that he’s been or- this done. formation after the user had subscribed to the service. There is nothing in the proposal dering up relentlessly the film ‘‘Bad ELECTRONIC PRIVACY that would ‘‘modernize’’ the Act; it simply Boys of Summer.’’ INFORMATION CENTER, allows Netflix to post more information We have a right to privacy, and that Washington, DC, December 5, 2011. about the activity of its customers, whether right should not just be given away Congressman MEL WATT, or not the customers would choose to post without adequate knowledge on behalf Rayburn HOB, such information themselves. of the consumer what they’re giving Washington, DC. EPIC would therefore recommend that DEAR CONGRESSMAN WATT: Thank you for away. members of Congress vote NO on H.R. 2471. your request for comments from the Elec- This bill has proceeded to the suspen- Users remain free to disclose their video tronic Privacy Information Center (‘‘EPIC’’) sion calendar without any kind of hear- viewing habits if they wish; there is no rea- regarding H.R. 2471, which would amend the son to change the default. EPIC would also ing before the Judiciary Committee on Video Privacy Protection Act (‘‘VPPA’’). recommend a hearing on the legislation so whether or not the bill should be EPIC had hoped to provide comments at a that all views, both for and against, can be marked up or not. We have not heard hearing on the bill, but as the sponsors of the presented, and Members are provided an op- from experts. We don’t know what kind legislation chose to push through the legisla- portunity to fully assess the proposal. tion without the opportunity for public dis- of waiver by Internet, we don’t know Privacy is the number one concern of cussion, we appreciate the opportunity to the mechanics of that waiver. We don’t Internet users today. It would be foolish to share our views in response to your request. know how easy it will be to waive your adopt an amendment that weakens privacy EPIC is nonpartisan, public interest re- right. It could be as easy as waiving legislation already in place. search organization, established in 1994 to Please feel free to contact me if you have your right to a jury trial in a cell focus public attention on emerging privacy any further questions. phone contract. For those reasons, I and civil liberties issues, We maintain two of Sincerely, ask that this bill be denied. the most popular privacy sites on the Inter- MARC ROTENBERG, Mr. GOODLATTE. Mr. Speaker, I net—EPIC.ORG and PRIVACY.ORG—and President, Electronic Privacy yield myself such time as I may con- testify frequently in Congress. We have also Information Center (EPIC). represented the interests of Facebook users sume just to say to the gentleman from over the years in a wide range of privacy Mr. GOODLATTE. Mr. Speaker, I Georgia that I have good news for him. matters. yield myself such time as I may con- There is absolutely no way that anyone The Video Privacy Protection Act was sume. can, under this legislation, find out passed in 1988 following the disclosure of the In no way does this legislation in any any of his video-viewing habits unless private video rental records of a Supreme way undercut the principal purpose of he consents, with informed consent, Court nominee by a video rental store to a the Video Privacy Protection Act be- with a separate consent to allowing news organization. There was broad-based support for passage and the Act was signed cause the power rests with the con- that information to be made known to into law by President Reagan. The VPPA is sumer. anybody. Again, this legislation makes good considered a model privacy law in many re- b 1520 spects—it is technology neutral, focusing on sense. It’s what consumers want in the the obligations of businesses and the rights Basically, what this legislation does 21st century. It’s how they share their of customers in the collection and use of per- is it empowers consumers to do things information online. And those who sonal information. It makes clear the cir- in the 21st century with regard to their don’t want to share their information cumstances when personal information may movie and television viewing, commu- this way do not have to give this con- be disclosed and it provides a private right of nications with their friends that they sent. Therefore, this legislation, I action when violations occur. already have with music, they already The VPPA makes no specific references to think, strikes the right balance. particular technologies. First Amendment have with news, they already have with I urge my colleagues to support the concerns are addressed in the Act by recog- books or magazine articles that they legislation, and I yield back the bal- nizing that when the press seeks to publish read; and we should have that kind of ance of my time. information, Congress may not limit the consistency in the law. Mr. CONNOLLY of Virginia. Mr. Speaker, I rights of the press. However, businesses that The Video Protection Privacy Act re- rise in support of H.R. 2471. This bill would collect information from their customers mains strong, and its principal pur- update the Video Privacy Protection Act by have an obligation to safeguard that infor- poses remain there intact; and it has giving consumers the ability to use social mation and to ensure it is used only for ap- an opt-in requirement, an opt-in re- media to discuss movies they have been propriate purposes. As with most privacy quirement that anyone who wants to laws, the VPPA contains a consent provision watching. When it was passed in 1988, inter- that allows individuals to disclose their per- avail themselves of this convenience net social media did not exist, and the law sonal information to others if they wish. has to give informed concept to do so. needs an update for the digital age. There is nothing in the Act that prevents in- I urge my colleagues to support this This legislation explicitly prevents busi- dividuals from so doing. very bipartisan legislation. It has nesses from using an ‘‘opt out’’ mechanism

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K06DE7.050 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8165 which businesses might abuse to consumers’ (R) The district of Nevada. (ii) resulting from the death, retirement, detriment. Instead, it requires that consumers (2) VACANCIES.— resignation, or removal of a bankruptcy proactively choose to share their movie pref- (A) SINGLE VACANCIES.—Except as provided judge, erences with their friends. For this reason, the in subparagraphs (B), (C), (D), and (E), the shall not be filled. 1st vacancy in the office of a bankruptcy Future of Privacy Forum, a consumer advo- (C) EASTERN DISTRICT OF TENNESSEE.—The judge for each district specified in paragraph 1st vacancy in the office of a bankruptcy cacy group, supports this legislation. (1)— judge for the eastern district of Tennessee— This update ensures that consumers can (i) occurring more than 5 years after the (i) occurring more than 5 years after the use existing social media outlets to discuss date of the enactment of this Act, and date of the enactment of this Act, and movies they have watched. It may also con- (ii) resulting from the death, retirement, (ii) resulting from the death, retirement, tribute to the health of the movie industry by resignation, or removal of a bankruptcy resignation, or removal of a bankruptcy integrating it more fully into new modes of judge, judge, internet communications used by consumers. shall not be filled. shall not be filled. I applaud my colleague from Virginia, Mr. (B) CENTRAL DISTRICT OF CALIFORNIA.—The (3) APPLICABILITY OF OTHER PROVISIONS.— GOODLATTE, for his work on this legislation 1st, 2d, and 3d vacancies in the office of a Except as provided in paragraphs (1) and (2), and urge my colleagues to support it. bankruptcy judge for the central district of all other provisions of section 3 of the Bank- California— The SPEAKER pro tempore. The ruptcy Judgeship Act of 1992 (28 U.S.C. 152 (i) occurring 5 years or more after the date note) and section 1223(c) of Public Law 109–8 question is on the motion offered by of the enactment of this Act, and (28 U.S.C. 152 note) remain applicable to the the gentleman from Virginia (Mr. (ii) resulting from the death, retirement, temporary office of bankruptcy judges re- GOODLATTE) that the House suspend resignation, or removal of a bankruptcy ferred to in paragraph (1). the rules and pass the bill, H.R. 2471, as judge, (c) TEMPORARY OFFICE OF THE BANKRUPTCY amended. shall not be filled. JUDGE AUTHORIZED BY PUBLIC LAW 102–361 The question was taken. (C) DISTRICT OF DELAWARE.—The 1st, 2d, 3d, FOR THE MIDDLE DISTRICT OF NORTH CARO- The SPEAKER pro tempore. In the and 4th vacancies in the office of a bank- LINA.— (1) EXTENSION.—The temporary office of opinion of the Chair, two-thirds being ruptcy judge for the district of Delaware— (i) occurring more than 5 years after the the bankruptcy judge authorized by section 3 in the affirmative, the ayes have it. of the Bankruptcy Judgeship Act of 1992 (28 Mr. WATT. Mr. Speaker, on that I de- date of the enactment of this Act, and (ii) resulting from the death, retirement, U.S.C. 152 note) for the middle district of mand the yeas and nays. resignation, or removal of a bankruptcy North Carolina is extended until the vacancy The yeas and nays were ordered. judge, specified in paragraph (2) occurs. (2) VACANCY.—The 1st vacancy in the office The SPEAKER pro tempore. Pursu- shall not be filled. of a bankruptcy judge for the middle district ant to clause 8 of rule XX, further pro- (D) SOUTHERN DISTRICT OF FLORIDA.—The of North Carolina— ceedings on this question will be post- 1st and 2d vacancies in the office of a bank- (A) occurring more than 5 years after the ruptcy judge for the southern district of poned. date of the enactment of this Act, and Florida— f (B) resulting from the death, retirement, (i) occurring more than 5 years after the resignation, or removal of a bankruptcy date of the enactment of this Act, and TEMPORARY BANKRUPTCY JUDGE- judge, SHIPS EXTENSION ACT OF 2011 (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy shall not be filled. Mr. SMITH of Texas. Mr. Speaker, I judge, (3) APPLICABILITY OF OTHER PROVISIONS.— move to suspend the rules and pass the Except as provided in paragraphs (1) and (2), shall not be filled. all other provisions of section 3 of the Bank- bill (H.R. 1021) to prevent the termi- (E) DISTRICT OF MARYLAND.—The 1st, 2d, ruptcy Judgeship Act of 1992 (28 U.S.C. 152 nation of the temporary office of bank- and 3d vacancies in the office of a bank- note) remain applicable to the temporary of- ruptcy judges in certain judicial dis- ruptcy judge for the district of Maryland— fice of the bankruptcy judge referred to in (i) occurring more than 5 years after the tricts, as amended. paragraph (1). The Clerk read the title of the bill. date of the enactment of this Act, and SEC. 3. BANKRUPTCY FILING FEE. The text of the bill is as follows: (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy (a) BANKRUPTCY FILING FEE.—Section H.R. 1021 judge, 1930(a)(3) of title 28, United States Code, is Be it enacted by the Senate and House of Rep- amended by striking ‘‘$1,000’’ and inserting shall not be filled. resentatives of the United States of America in ‘‘$1,042’’. (3) APPLICABILITY OF OTHER PROVISIONS.— Congress assembled, (b) EXPENDITURE LIMITATION.—Incremental Except as provided in paragraphs (1) and (2), SECTION 1. SHORT TITLE. amounts collected by reason of the enact- all other provisions of section 1223(b) of Pub- ment of subsection (a) shall be deposited in a This Act may be cited as the ‘‘Temporary lic Law 109–8 (28 U.S.C. 152 note) remain ap- special fund in the Treasury to be estab- Bankruptcy Judgeships Extension Act of plicable to the temporary office of bank- lished after the date of enactment of this 2011’’. ruptcy judges referred to in paragraph (1). Act. Such amounts shall be available for the SEC. 2. EXTENSION OF TEMPORARY OFFICE OF EMPORARY FFICE OF ANKRUPTCY purposes specified in section 1931(a) of title BANKRUPTCY JUDGES IN CERTAIN (b) T O B JUDICIAL DISTRICTS. JUDGES EXTENDED BY PUBLIC LAW 109–8.— 28, United States Code, but only to the extent specifically appropriated by an Act of (a) TEMPORARY OFFICE OF BANKRUPTCY (1) EXTENSIONS.—The temporary office of Congress enacted after the date of enactment JUDGES AUTHORIZED BY PUBLIC LAW 109–8.— bankruptcy judges authorized by section 3 of of this Act. (1) EXTENSIONS.—The temporary office of the Bankruptcy Judgeship Act of 1992 (28 (c) EFFECTIVE DATE.—This section shall bankruptcy judges authorized for the fol- U.S.C. 152 note) and extended by section take effect 180 days after the date of enact- lowing districts by section 1223(b) of Public 1223(c) of Public Law 109–8 (28 U.S.C. 152 ment of this Act. Law 109–8 (28 U.S.C. 152 note) are extended note) for the district of Delaware, the dis- until the applicable vacancy specified in trict of Puerto Rico, and the eastern district The SPEAKER pro tempore. Pursu- paragraph (2) in the office of a bankruptcy of Tennessee are extended until the applica- ant to the rule, the gentleman from judge for the respective district occurs: ble vacancy specified in paragraph (2) in the Texas (Mr. SMITH) and the gentleman office of a bankruptcy judge for the respec- (A) The central district of California. from Michigan (Mr. CONYERS) each will tive district occurs. (B) The eastern district of California. control 20 minutes. (C) The district of Delaware. (2) VACANCIES.— (A) DISTRICT OF DELAWARE.—The 5th va- The Chair recognizes the gentleman (D) The southern district of Florida. from Texas. (E) The southern district of Georgia. cancy in the office of a bankruptcy judge for (F) The district of Maryland. the district of Delaware— GENERAL LEAVE (G) The eastern district of Michigan. (i) occurring more than 5 years after the Mr. SMITH of Texas. Mr. Speaker, I (H) The district of New Jersey. date of the enactment of this Act, and ask unanimous consent that all Mem- (I) The northern district of New York. (ii) resulting from the death, retirement, bers may have 5 legislative days within (J) The southern district of New York. resignation, or removal of a bankruptcy judge, which to revise and extend their re- (K) The eastern district of North Carolina. marks and include extraneous mate- (L) The eastern district of Pennsylvania. shall not be filled. rials on H.R. 1021, as amended, cur- (M) The middle district of Pennsylvania. (B) DISTRICT OF PUERTO RICO.—The 2d va- (N) The district of Puerto Rico. cancy in the office of a bankruptcy judge for rently under consideration. (O) The district of South Carolina. the district of Puerto Rico— The SPEAKER pro tempore. Is there (P) The western district of Tennessee. (i) occurring more than 5 years after the objection to the request of the gen- (Q) The eastern district of Virginia. date of the enactment of this Act, and tleman from Texas?

VerDate Mar 15 2010 04:31 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.026 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8166 CONGRESSIONAL RECORD — HOUSE December 6, 2011 There was no objection. portant bankruptcy reforms Congress passed HOUSE OF REPRESENTATIVES, Mr. SMITH of Texas. Mr. Speaker, I in 2005, for example, called on judges to do COMMITTEE ON WAYS AND MEANS, yield myself such time as I may con- more to help prevent bankruptcy abuse. And Washington, DC, December 5, 2011. sume. Hon. LAMAR SMITH, large, complex chapter 11 cases, like the re- Chairman, Committee on the Judiciary, Ray- One of the results of a slack economy cently filed mega-case of American Airlines, is that more individuals and businesses burn House Office Building, Washington, are time-intensive for our bankruptcy judges. DC. have filed for bankruptcy. In fact, over However, no new bankruptcy judgeships DEAR CHAIRMAN SMITH: I am writing con- the past 3 years, the number of bank- have been created since 2005. At that time, cerning H.R. 1021, as amended, the ‘‘Tem- ruptcy petitions filed in bankruptcy Congress created temporary judgeships so porary Bankruptcy Judgeships Extension courts has doubled. While recent data Act of 2011,’’ which is scheduled for Floor that it could periodically review the caseloads show that the volume of cases is begin- consideration the week of December 5, 2011. in each district and assess whether the tem- ning to subside, our bankruptcy judges As you know, the Committee on Ways and porary judgeship was still needed. Permanent Means maintains jurisdiction over revenue remain hard at work. judgeships have not been authorized since measures generally. H.R. 1021, as amended, Bankruptcy judges are critical to the contains a provision that raises revenue by operation of our Federal bankruptcy 1992. Every two years, the Judicial Conference of increasing the Chapter 11 filing fees for the courts. The important bankruptcy re- operation and maintenance of the courts of forms Congress passed in 2005, for ex- the United States publishes a report to Con- the United States, which falls within the ju- ample, called on judges to do more to gress that details the judicial needs of each risdiction of the Committee on Ways and help prevent bankruptcy abuse; and district. The Conference evaluates need based Means. In order to expedite this bill for large, complex chapter 11 cases, like on a ‘‘weighted caseload’’ analysis. The 2011 Floor consideration, the Committee will the recently filed mega-case of Amer- weighted caseload statistics demonstrate that forgo action on the bill. This is being done ican Airline, are time intensive for our judges are desperately needed in many dis- with the understanding that it does not in tricts. any way prejudice the Committee with re- bankruptcy judges. spect to the appointment of conferees or its In the last Congress, the Judiciary In the last Congress, the Judiciary Com- jurisdictional prerogatives on this or similar Committee reported a bankruptcy mittee reported a bankruptcy judgeships bill legislation in the future. judgeships bill that would have created that would have created new permanent I would appreciate your response to this new permanent judgeships, converted judgeships, converted temporary judgeships to letter, confirming this understanding with temporary judgeships to permanent permanent status and extended temporary respect to H.R. 1021, as amended, and would status, and extended temporary judge- judgeships. The House passed that bill but it ask that a copy of our exchange of letters on ships. The House passed that bill, but did not pass the Senate. this matter be included in the Congressional it did not pass the Senate. Record during Floor consideration. As a result, several temporary judgeships Sincerely, As a result, several temporary judge- are in danger of being unable to be refilled if DAVE CAMP, ships are in danger of being unable to there is a vacancy. But the need for bank- Chairman. be refilled if there is a vacancy. But ruptcy judges remains high. the need for bankruptcy judges re- I introduced the legislation under consider- HOUSE OF REPRESENTATIVES, mains high. COMMITTEE ON THE JUDICIARY, I introduced the legislation under ation with the Ranking Member of the Courts, Washington, DC, December 5, 2011. consideration with the ranking mem- Commercial and Administrative Law Sub- Hon. DAVE CAMP, ber of the Courts, Commercial and Ad- committee of the Judiciary Committee, STEVE Chairman, Committee on Ways and Means, ministrative Law Subcommittee of the COHEN; the Chairman of that subcommittee, Longworth House Office Building, Wash- ington, DC. Judiciary Committee, STEVE COHEN, HOWARD COBLE; and the Ranking Member of the full Judiciary Committee, JOHN CONYERS. DEAR CHAIRMAN CAMP: Thank you for your the chairman of that subcommittee, letter regarding H.R. 1021, the ‘‘Temporary HOWARD COBLE, and the ranking mem- This bill permits 23 temporary bankruptcy Bankruptcy Judgeships Extension Act of ber of the full Judiciary Committee, judgeships in judicial districts throughout the 2011,’’ as amended, which is scheduled for JOHN CONYERS. country to be filled if there is a judgeship va- consideration by the House during the week This bill permits 23 temporary bank- cancy in those districts during the next five of December 5. ruptcy judgeships in judicial districts years as a result of a judge’s death, removal, I am most appreciative of your decision to throughout the country to be filled if retirement or resignation. forego consideration of H.R. 1021, as amended, so that it may move expeditiously to the there is a judgeship vacancy in those Congress should ensure there are enough House floor. I acknowledge that although districts during the next 5 years as a bankruptcy judges to handle the increased you are waiving formal consideration of the result of a judge’s death, removal, re- caseloads as a result of the recession. But bill, the Committee on Ways and Means is in tirement, or resignation. Congress should also conserve federal re- no way waiving its jurisdiction over the sub- Congress should ensure there are sources and conduct periodic oversight of judi- ject matter contained in the bill. In addition, enough bankruptcy judges to handle cial caseloads. H.R. 1021 authorizes a 5-year if a conference is necessary on this legisla- the increased caseloads as a result of extension, which preserves Congress’s ability tion, I will support any request that Ways the recession; but Congress should also and Means be represented therein. to reassess the need for bankruptcy judges in Finally, I shall be pleased to include this conserve Federal resources and conduct a few years. letter and your letter of the same date in the periodic oversight of judicial caseloads. The relief a debtor receives from the bank- Congressional Record during floor consider- H.R. 1021 authorizes a 5-year extension, ruptcy system is extraordinary; they either re- ation of H.R. 1021. which preserves Congress’s ability to organize their debts on more favorable terms Sincerely, reassess the need for bankruptcy or they get a complete discharge of all their LAMAR SMITH, Chairman. judges in a few years. prepetition debts. All except the poorest of Time is of the essence. I urge the debtors pay a fee to file a bankruptcy case I reserve the balance of my time. Mr. CONYERS. Mr. Speaker, I yield Senate also to act quickly on this and receive these benefits. measure so that our bankruptcy sys- myself such time as I may consume. I believe it is fair to use debtors’ filing fees tem may continue to operate with I appreciate the excellent description to pay for the costs associated with our bank- speed and efficiency. of the chairman, LAMAR SMITH, on H.R. I want to thank the bill’s cosponsors ruptcy judges. This legislation, as amended, 1021, the Temporary Bankruptcy for their bipartisan support. raises the filing fee on chapter 11 reorganiza- Judgeships Extension Act. This is a One of the results of the slack economy is tion cases from $1000 to $1042—a modest 4 very bipartisan piece of legislation, ex- that more individuals and businesses have percent increase. As a result, this bill does not tending by 5 years the authorizations filed for bankruptcy. In fact, over the past increase direct spending by the federal gov- for 30 temporary bankruptcy judges in three years, the number of bankruptcy peti- ernment. more than 20 judicial districts around tions filed in bankruptcy courts has doubled. Time is of the essence. I urge the Senate the country. While recent data show that the volume of also to act quickly on this measure so that our I might point out that we’re not add- cases is beginning to subside, our bankruptcy bankruptcy system may continue to operate ing bankruptcy judges; and, Members judges remain hard at work. with speed and efficiency. of the House, that’s what we ought to Bankruptcy judges are critical to the oper- I thank the bill’s cosponsors for their bipar- be doing, really, instead of just con- ation of our federal bankruptcy courts. The im- tisan support. tinuing the same number. We need

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.054 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8167 more. Why? Because bankruptcy judges we still have 160 million Americans at ANNOUNCEMENT BY THE SPEAKER are needed more than ever. risk of suffering a tax increase, $1,000 a PRO TEMPORE The bankruptcy filings have in- person on average. I don’t know how The SPEAKER pro tempore. Pursu- creased during the worst economic many millions of dollars that would ant to clause 8 of rule XX, proceedings downturn the Nation has experienced take out of consumers’ pockets. And I will resume on motions to suspend the since the Great Depression because don’t hear Grover Norquist or the Tea rules previously postponed. long-term high unemployment rates Party Republicans crying about that. Votes will be taken in the following and reduced incomes have sent more If it’s the middle class, the working order: ordering the previous question people into the bankruptcy court, be- people tax increase, it’s okay. If it is on House Resolution 479; adopting cause of the continuing mortgage fore- the top 1 percent making over a mil- House Resolution 479, if ordered; and closure crisis which has affected so lion bucks a year, then ‘‘you can’t suspending the rules and passing H.R. many people, and the increasingly on- touch this.’’ Well, I think the Amer- 2471. erous credit card obligations, and the ican people know that it’s ‘‘hammer The first electronic vote will be con- sky-high student loans that are being time’’ out here. It’s time for there to ducted as a 15-minute vote. Remaining collected on, and the uninsured med- be justice and fairness for all under the electronic votes will be conducted as 5- ical debt. law. And it’s ironic we need these minute votes. b 1530 bankruptcy court judges’ tenures to be f Last year 1.6 million bankruptcy extended, as this Act would allow, be- cases were filed, representing a more cause there’s going to be more bank- PROVIDING FOR CONSIDERATION than 8 percent increase over the prior ruptcies filed. OF H.R. 10, REGULATIONS FROM years. Two of the Nation’s largest Just $1,000 can push a person over the THE EXECUTIVE IN NEED OF automobile manufacturers in Detroit, edge in terms of their solvency. People SCRUTINY ACT OF 2011, AND FOR General Motors and Chrysler, filed for are now just living paycheck to pay- OTHER PURPOSES bankruptcy relief under chapter 11. check, hand-to-mouth, trying to deter- The SPEAKER pro tempore. The un- These two cases alone involved billions mine whether or not we’re going to pay finished business is the vote on order- of dollars, tens of thousands of work- the light bill or whether or not we’re ing the previous question on the reso- ers, thousands of auto dealers, and going to get the medication that we lution (H. Res. 479) providing for con- thousands of creditors located in all need in order to be healthy. People are sideration of the bill (H.R. 10) to amend parts of our Nation. Just last month, deciding whether or not to pay the gas chapter 8 of title 5, United States Code, American Airlines filed for chapter 11 bill or whether or not they’re going to to provide that major rules of the exec- bankruptcy relief, and the national be able to eat more than ramen noodles utive branch shall have no force or ef- bookstore chain Borders filed last every night for the month. So $1,000 fect unless a joint resolution of ap- month. means a lot. It may not mean a lot to proval is enacted into law, and for A third factor must be kept in mind: a millionaire, one of those top 1 per- other purposes, on which the yeas and that while we maintain the status quo, cent that my Tea Party Republican nays were ordered. more needs to be done. Bankruptcy friends so heartily support, but it will The Clerk read the title of the resolu- courts have been performing admirably hurt the little man and woman and tion. but under critical strain. So while the their families, especially at Christmas The SPEAKER pro tempore. The bankruptcy courts’ workload increases, time. question is on ordering the previous judicial resources are, in fact, dimin- question. ishing. And that’s why we’re author- At a time when the corporate chief- The vote was taken by electronic de- izing new judicial membership in the tains are getting their bonuses, multi- vice, and there were—yeas 236, nays bankruptcy courts in the coming year, million-dollar bonuses based on in- 184, not voting 13, as follows: if everything works out as we antici- creased profits, we’re still left on De- [Roll No. 889] pate. cember 6 with people being worried YEAS—236 Right now, though, we merely ask about whether or not they’re going to the House of Representatives to sup- Adams Coffman (CO) Gosar suffer a tax increase on January 1. So Aderholt Cole Gowdy port the bill that I and Chairman let’s not impose an average $1,000—ac- Amash Conaway Granger SMITH have cosponsored which would tually, $1,500; let’s not impose the Amodei Cravaack Graves (GA) maintain the new judges that are on threat of a $1,500 tax increase on the Austria Crawford Graves (MO) Bachus Crenshaw Griffin (AR) the bench but will not add any more. middle class and working people by Barletta Culberson Griffith (VA) I urge your support for the additional failing to do what we should have done Bartlett Davis (KY) Grimm judgeships. much earlier. There’s no reason why we Barton (TX) Denham Guinta I reserve the balance of my time. Bass (NH) Dent Guthrie have not done this, why we have not Benishek DesJarlais Hall Mr. SMITH of Texas. Mr. Speaker, I expanded the payroll tax cut that was Berg Diaz-Balart Hanna yield back the balance of my time. enacted last year. Let’s keep that Biggert Dold Harper Mr. CONYERS. I yield such time as Bilbray Dreier Harris $1,500 in the pockets of the average Bilirakis Duffy Hartzler he may consume to the distinguished middle class family. Let’s try to keep Bishop (UT) Duncan (SC) Hastings (WA) gentleman from Georgia, Mr. HANK down the need for people to go into Black Duncan (TN) Hayworth JOHNSON, a member of the committee. bankruptcy court. Let’s at some point Blackburn Ellmers Heck Mr. JOHNSON of Georgia. I thank Bonner Emerson Hensarling let it expire, the number of bankruptcy Bono Mack Farenthold Herger the ranking member. court judges temporarily serving. Boustany Fincher Herrera Beutler Mr. Speaker, I rise in support of H.R. Brady (TX) Fitzpatrick Huelskamp 1021, the Temporary Bankruptcy Mr. CONYERS. I yield back the bal- Brooks Flake Huizenga (MI) ance of my time. Broun (GA) Fleischmann Hultgren Judgeships Extension Act of 2011, spon- Buchanan Fleming Hunter sored by my good friend Representative The SPEAKER pro tempore. The Bucshon Flores Hurt SMITH of Texas, who is also the chair of question is on the motion offered by Buerkle Forbes Issa the Judiciary Committee, which I am Burgess Fortenberry Jenkins the gentleman from Texas (Mr. SMITH) Burton (IN) Foxx Johnson (IL) pleased to serve on. that the House suspend the rules and Calvert Franks (AZ) Johnson (OH) I would point out how ironic it is be- pass the bill, H.R. 1021, as amended. Camp Frelinghuysen Johnson, Sam cause we are now in the 336th day of Campbell Gallegly Jones this reign of the Tea Party Republican The question was taken; and (two- Canseco Gardner Jordan thirds being in the affirmative) the Cantor Garrett Kelly Party, which is unalterably linked Capito Gerlach King (IA) with the notorious Grover Norquist and rules were suspended and the bill, as Carter Gibbs King (NY) his tax pledge, his pledge to not raise amended, was passed. Cassidy Gibson Kingston Chabot Gingrey (GA) Kinzinger (IL) taxes. We’re getting ready, Mr. Speak- A motion to reconsider was laid on Chaffetz Gohmert Kline er, to get to the end of this year, and the table. Coble Goodlatte Labrador

VerDate Mar 15 2010 02:34 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.055 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8168 CONGRESSIONAL RECORD — HOUSE December 6, 2011 Lamborn Palazzo Scott, Austin Tonko Walz (MN) Welch Paul Rokita Stivers Lance Paul Sensenbrenner Towns Wasserman Wilson (FL) Paulsen Rooney Stutzman Landry Paulsen Sessions Tsongas Schultz Woolsey Pearce Ros-Lehtinen Sullivan Lankford Pearce Shimkus Van Hollen Waters Yarmuth Pence Roskam Terry Latham Pence Shuler Vela´ zquez Watt Peterson Ross (FL) Thompson (PA) LaTourette Petri Shuster Visclosky Waxman Petri Royce Thornberry Latta Pitts Simpson NOT VOTING—13 Pitts Runyan Tiberi Lewis (CA) Platts Smith (NE) Platts Ryan (WI) Tipton LoBiondo Poe (TX) Smith (NJ) Akin Giffords Myrick Poe (TX) Scalise Turner (NY) Long Pompeo Smith (TX) Alexander Hinchey Nadler Pompeo Schilling Turner (OH) Lucas Posey Bachmann Inslee Southerland Young (FL) Posey Schmidt Upton Luetkemeyer Price (GA) Cardoza Lowey Stearns Price (GA) Schock Walberg Lummis Quayle Castor (FL) Marino Lungren, Daniel Reed Stivers Quayle Schweikert Walden E. Rehberg Stutzman Reed Scott (SC) Walsh (IL) Mack Reichert Sullivan b 1607 Rehberg Scott, Austin Webster Manzullo Renacci Terry Reichert Sensenbrenner West Marchant Ribble Thompson (PA) Mr. COURTNEY and Ms. LORETTA Renacci Sessions Westmoreland McCarthy (CA) Rigell Thornberry SANCHEZ of California changed their Ribble Shimkus Whitfield McCaul Rivera Tiberi vote from ‘‘yea’’ to ‘‘nay.’’ Rigell Shuler Wilson (SC) McClintock Roby Tipton Ms. BUERKLE changed her vote from Rivera Shuster Wittman McCotter Roe (TN) Turner (NY) Roby Simpson Wolf McHenry Rogers (AL) Turner (OH) ‘‘nay’’ to ‘‘yea.’’ Roe (TN) Smith (NE) Womack McKeon Rogers (KY) Upton So the previous question was ordered. Rogers (AL) Smith (NJ) Woodall McKinley Rogers (MI) Walberg The result of the vote was announced Rogers (KY) Smith (TX) Yoder McMorris Rohrabacher Walden as above recorded. Rogers (MI) Southerland Young (AK) Rodgers Rokita Walsh (IL) Rohrabacher Stearns Young (IN) Meehan The SPEAKER pro tempore. The Rooney Webster Mica Ros-Lehtinen West question is on the resolution. NAYS—180 Miller (FL) Roskam Westmoreland The question was taken; and the Miller (MI) Ross (FL) Ackerman Fudge Owens Miller, Gary Royce Whitfield Speaker pro tempore announced that Altmire Gonzalez Pallone Mulvaney Runyan Wilson (SC) the ayes appeared to have it. Andrews Green, Al Pascrell Murphy (PA) Ryan (WI) Wittman Ms. SLAUGHTER. Mr. Speaker, on Baca Green, Gene Pastor (AZ) Neugebauer Scalise Wolf Baldwin Grijalva Payne Noem Schilling Womack that I demand the yeas and nays. Barrow Gutierrez Pelosi Nugent Schmidt Woodall The yeas and nays were ordered. Bass (CA) Hahn Perlmutter Nunes Schock Yoder The SPEAKER pro tempore. This Becerra Hanabusa Peters Nunnelee Schweikert Young (AK) will be a 5-minute vote. Berkley Hastings (FL) Pingree (ME) Olson Scott (SC) Young (IN) Berman Heinrich Polis The vote was taken by electronic de- Bishop (GA) Higgins Price (NC) NAYS—184 vice, and there were—yeas 235, nays Bishop (NY) Himes Quigley 180, not voting 18, as follows: Blumenauer Hinojosa Rahall Ackerman Eshoo McNerney Boswell Hirono Rangel Altmire Farr Meeks [Roll No. 890] Brady (PA) Hochul Reyes Andrews Fattah Michaud YEAS—235 Braley (IA) Holden Richardson Baca Filner Miller (NC) Brown (FL) Holt Richmond Baldwin Frank (MA) Miller, George Adams Duffy Johnson (IL) Butterfield Honda Ross (AR) Barrow Fudge Moore Aderholt Duncan (SC) Johnson (OH) Capps Hoyer Rothman (NJ) Bass (CA) Garamendi Moran Amash Duncan (TN) Johnson, Sam Capuano Israel Roybal-Allard Becerra Gonzalez Murphy (CT) Amodei Ellmers Jones Carnahan Jackson (IL) Ruppersberger Berkley Green, Al Napolitano Austria Emerson Jordan Carney Jackson Lee Rush Berman Green, Gene Neal Bachus Farenthold Kelly Carson (IN) (TX) Ryan (OH) Bishop (GA) Grijalva Olver Barletta Fincher King (NY) Chandler Johnson (GA) Sa´ nchez, Linda Bishop (NY) Gutierrez Owens Bartlett Fitzpatrick Kingston Chu Johnson, E. B. T. Blumenauer Hahn Pallone Barton (TX) Flake Kinzinger (IL) Cicilline Kaptur Sanchez, Loretta Boren Hanabusa Pascrell Bass (NH) Fleischmann Kline Clarke (MI) Keating Sarbanes Boswell Hastings (FL) Pastor (AZ) Benishek Fleming Labrador Clarke (NY) Kildee Schakowsky Brady (PA) Heinrich Payne Berg Flores Lamborn Clay Kind Schiff Braley (IA) Higgins Pelosi Biggert Forbes Lance Cleaver Kissell Schrader Brown (FL) Himes Perlmutter Bilbray Fortenberry Landry Clyburn Kucinich Schwartz Butterfield Hinojosa Peters Bilirakis Foxx Lankford Cohen Langevin Scott (VA) Capps Hirono Peterson Bishop (UT) Frelinghuysen Latham Connolly (VA) Larsen (WA) Scott, David Capuano Hochul Pingree (ME) Black Gallegly LaTourette Conyers Larson (CT) Serrano Carnahan Holden Polis Blackburn Gardner Latta Cooper Lee (CA) Sewell Carney Holt Price (NC) Bonner Garrett LoBiondo Costa Levin Sherman Carson (IN) Honda Quigley Bono Mack Gerlach Long Costello Lewis (GA) Sires Chandler Hoyer Rahall Boren Gibbs Lucas Courtney Lipinski Slaughter Chu Israel Rangel Boustany Gibson Luetkemeyer Critz Loebsack Smith (WA) Cicilline Jackson (IL) Reyes Brady (TX) Gingrey (GA) Lummis Crowley Lofgren, Zoe Speier Clarke (MI) Jackson Lee Richardson Brooks Gohmert Lungren, Daniel Cuellar Lowey Stark Clarke (NY) (TX) Richmond Broun (GA) Goodlatte E. Cummings Luja´ n Sutton Clay Johnson (GA) Ross (AR) Buchanan Gosar Mack Davis (CA) Lynch Thompson (CA) Cleaver Johnson, E. B. Rothman (NJ) Bucshon Gowdy Manzullo Davis (IL) Maloney Thompson (MS) Clyburn Kaptur Roybal-Allard Buerkle Granger Marchant DeFazio Markey Tierney Cohen Keating Ruppersberger Burgess Graves (GA) Matheson DeGette Matsui Tonko Connolly (VA) Kildee Rush Burton (IN) Graves (MO) McCarthy (CA) DeLauro McCarthy (NY) Towns Conyers Kind Ryan (OH) Calvert Griffin (AR) McCaul Deutch McCollum Tsongas ´ Cooper Kissell Sanchez, Linda Camp Griffith (VA) McClintock Dicks McDermott Van Hollen Costa Kucinich T. Campbell Grimm McCotter Dingell McGovern Vela´ zquez Costello Langevin Sanchez, Loretta Canseco Guinta McHenry Doggett McNerney Visclosky Courtney Larsen (WA) Sarbanes Cantor Guthrie McIntyre Donnelly (IN) Meeks Walz (MN) Critz Larson (CT) Schakowsky Capito Hall McKeon Doyle Michaud Wasserman Crowley Lee (CA) Schiff Carter Hanna McKinley Edwards Miller (NC) Schultz Cuellar Levin Schrader Cassidy Harper McMorris Ellison Miller, George Waters Cummings Lewis (GA) Schwartz Chabot Harris Rodgers Engel Moore Watt Davis (CA) Lipinski Scott (VA) Chaffetz Hartzler Meehan Eshoo Moran Waxman Davis (IL) Loebsack Scott, David Coble Hastings (WA) Mica Farr Murphy (CT) Welch DeFazio Lofgren, Zoe Serrano Coffman (CO) Hayworth Miller (FL) Fattah Napolitano Wilson (FL) ´ DeGette Lujan Sewell Conaway Heck Miller (MI) Filner Neal Woolsey DeLauro Lynch Sherman Crawford Hensarling Miller, Gary Frank (MA) Olver Yarmuth Deutch Maloney Sires Crenshaw Herger Mulvaney Dicks Markey Slaughter Culberson Herrera Beutler Murphy (PA) NOT VOTING—18 Dingell Matheson Smith (WA) Davis (KY) Huelskamp Neugebauer Doggett Matsui Speier Denham Huizenga (MI) Noem Akin Cravaack King (IA) Donnelly (IN) McCarthy (NY) Stark Dent Hultgren Nugent Alexander Franks (AZ) Lewis (CA) Doyle McCollum Sutton DesJarlais Hunter Nunes Bachmann Garamendi Marino Edwards McDermott Thompson (CA) Diaz-Balart Hurt Nunnelee Cardoza Giffords Myrick Ellison McGovern Thompson (MS) Dold Issa Olson Castor (FL) Hinchey Nadler Engel McIntyre Tierney Dreier Jenkins Palazzo Cole Inslee Young (FL)

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.029 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8169 b 1613 Luetkemeyer Pence Schwartz b 1621 Luja´ n Perlmutter Schweikert So the resolution was agreed to. Lummis Peters Scott (SC) Mr. RUSH changed his vote from The result of the vote was announced Lungren, Daniel Petri Scott, Austin ‘‘yea’’ to ‘‘nay.’’ as above recorded. E. Pitts Sensenbrenner So (two-thirds being in the affirma- A motion to reconsider was laid on Lynch Platts Sessions tive) the rules were suspended and the Mack Poe (TX) Shimkus bill, as amended, was passed. the table. Manzullo Polis Shuler Marchant Pompeo Shuster The result of the vote was announced f Matheson Posey Simpson as above recorded. Matsui Price (GA) Sires A motion to reconsider was laid on ONLINE CONSENT FOR SHARING McCarthy (CA) Quayle Smith (NE) the table. McCarthy (NY) VIDEO SERVICE USE Quigley Smith (NJ) PERSONAL EXPLANATION McCaul Rahall Smith (TX) The SPEAKER pro tempore. The un- McClintock Reed Smith (WA) Mr. AKIN. Mr. Speaker, on rollcall No. 889, finished business is the vote on the mo- McCollum Rehberg Southerland 890 and 891, I was delayed and unable to tion to suspend the rules and pass the McCotter Reichert Stivers vote. Had I been present I would have voted McHenry Renacci Stutzman ‘‘yea’’ on all three. bill (H.R. 2471) to amend section 2710 of McIntyre Ribble Sullivan title 18, United States Code, to clarify McKeon Rigell Terry f that a videotape service provider may McKinley Rivera Thompson (CA) b 1620 obtain a consumer’s informed, written McMorris Roby Thompson (PA) consent on an ongoing basis and that Rodgers Roe (TN) Thornberry GIVING CONGRESSIONAL CONSENT McNerney Rogers (AL) Tiberi consent may be obtained through the TO MISSOURI AND ILLINOIS BI- Meehan Rogers (KY) Tipton STATE DEVELOPMENT AGENCY Internet, as amended, on which the Mica Rogers (MI) Tonko yeas and nays were ordered. Michaud Rohrabacher Turner (NY) Mr. GOHMERT. Mr. Speaker, I move The Clerk read the title of the bill. Miller (FL) Rokita Turner (OH) to suspend the rules and pass the joint The SPEAKER pro tempore. The Miller (MI) Rooney Upton resolution (S.J. Res. 22) to grant the Miller, Gary Ros-Lehtinen Walberg consent of Congress to an amendment question is on the motion offered by Mulvaney Roskam Walden the gentleman from Virginia (Mr. Murphy (CT) Ross (AR) Walsh (IL) to the compact between the States of GOODLATTE) that the House suspend Murphy (PA) Ross (FL) Walz (MN) Missouri and Illinois providing that the rules and pass the bill, as amended. Neugebauer Rothman (NJ) Waters bonds issued by the Bi-State Develop- Noem Royce Waxman ment Agency may mature in not to ex- This will be a 5-minute vote. Nugent Runyan Webster The vote was taken by electronic de- Nunes Ruppersberger West ceed 40 years, as amended. vice, and there were—yeas 303, nays Nunnelee Ryan (WI) Westmoreland The Clerk read the title of the joint 116, not voting 14, as follows: Olson Sa´ nchez, Linda Whitfield resolution. Owens T. Wilson (SC) The text of the joint resolution is as [Roll No. 891] Palazzo Sanchez, Loretta Wittman follows: YEAS—303 Pallone Sarbanes Wolf S.J. RES. 22 Pascrell Scalise Womack Adams Connolly (VA) Green, Gene Paul Schilling Woodall Whereas to grant the consent of Congress Aderholt Conyers Griffin (AR) Altmire Cooper Griffith (VA) Paulsen Schmidt Yoder to an amendment to the compact between Amash Costa Grimm Pearce Schock Young (AK) the States of Missouri and Illinois providing Amodei Courtney Guinta Pelosi Schrader Young (IN) that bonds issued by the Bi-State Develop- Andrews Cravaack Guthrie ment Agency may mature in not to exceed 40 Austria Crawford Hall NAYS—116 years; Bachus Crenshaw Hanna Ackerman Gutierrez Pastor (AZ) Whereas the Congress in consenting to the Barletta Critz Harper Baca Hahn Payne compact between Missouri and Illinois cre- Barrow Cuellar Harris Baldwin Hanabusa Peterson Bartlett Davis (CA) Hartzler ating the Bi-State Development Agency and Barton (TX) Hastings (FL) Pingree (ME) Bass (NH) Davis (KY) Hastings (WA) the Bi-State Metropolitan District provided Bass (CA) Herrera Beutler Price (NC) Benishek Denham Hayworth that no power shall be exercised by the Bi- Becerra Himes Rangel Berg Dent Heck Bishop (GA) Hinojosa State Agency until such power has been con- Berkley DesJarlais Heinrich Reyes ferred upon the Bi-State Agency by the legis- Bishop (NY) Hirono Richardson Berman Deutch Hensarling Brown (FL) Holt latures of the States to the compact and ap- Richmond Biggert Diaz-Balart Herger Butterfield Jackson (IL) Roybal-Allard proved by an Act of Congress; Bilbray Doggett Higgins Capuano Jackson Lee Bilirakis Dold Hochul Rush Whereas such States previously enacted Carnahan (TX) legislation providing that the Bi-State Agen- Bishop (UT) Donnelly (IN) Holden Carson (IN) Johnson (GA) Ryan (OH) Black Doyle Honda Chandler Johnson (IL) Schakowsky cy had the power to issue notes, bonds, or Blackburn Dreier Hoyer Cicilline Johnson, E. B. Schiff other instruments in writing provided they Blumenauer Duffy Huelskamp Clarke (MI) Jones Scott (VA) shall mature in not to exceed 30 years, and Bonner Duncan (SC) Huizenga (MI) Clarke (NY) Kaptur Scott, David Congress consented to such power; and Bono Mack Duncan (TN) Hultgren Clay Keating Serrano Whereas such States have now enacted leg- Boren Ellmers Hunter Cleaver Kildee Sewell islation amending this power: Now therefore, Boswell Emerson Hurt Clyburn Kind Sherman Boustany be it Eshoo Israel Cohen Kissell Slaughter Brady (PA) Farr Issa Resolved by the Senate and House of Rep- Costello Kucinich Speier Brady (TX) Filner Jenkins resentatives of the United States of America in Crowley Larson (CT) Stark Braley (IA) Fincher Johnson (OH) Congress assembled, Culberson Lee (CA) Stearns Brooks Fitzpatrick Johnson, Sam Cummings Levin SECTION 1. CONSENT. Broun (GA) Flake Jordan Sutton Davis (IL) Lewis (GA) Thompson (MS) (a) IN GENERAL.—The consent of Congress Buchanan Fleischmann Kelly DeFazio Loebsack Tierney is given to the amendment of the powers Bucshon Fleming King (IA) DeGette Lowey Towns conferred on the Bi-State Development Buerkle Flores King (NY) DeLauro Maloney Tsongas Agency by Senate Bill 758, Laws of Missouri Burgess Forbes Kingston Dingell Markey Burton (IN) Fortenberry Kinzinger (IL) Edwards McDermott Van Hollen 2010 and Public Act 96–1520 (Senate Bill 3342), ´ Calvert Foxx Kline Ellison McGovern Velazquez Laws of Illinois 2010. Camp Franks (AZ) Labrador Engel Meeks Visclosky (b) EFFECTIVE DATE.—The amendment to Campbell Frelinghuysen Lamborn Farenthold Miller (NC) Wasserman the powers conferred by the Acts consented Canseco Gallegly Lance Fattah Miller, George Schultz to in subsection (a) shall take effect on De- Cantor Gardner Landry Frank (MA) Moore Watt cember 17, 2010. Capito Garrett Langevin Fudge Moran Welch Capps Gerlach Lankford SEC. 2. APPLICATION OF ACT OF AUGUST 31, 1950. Garamendi Napolitano Wilson (FL) The provisions of the Act of August 31, 1950 Carney Gibbs Larsen (WA) Green, Al Neal Woolsey Carter Gibson Latham Grijalva Olver Yarmuth (64 Stat. 568) shall apply to the amendment Cassidy Gingrey (GA) LaTourette approved under this joint resolution to the Chabot Gonzalez Latta NOT VOTING—14 same extent as if such amendment was con- Chaffetz Goodlatte Lewis (CA) ferred under the provisions of the compact Chu Gosar Lipinski Akin Dicks Marino consented to in such Act. Coble Gowdy LoBiondo Alexander Giffords Myrick Coffman (CO) Granger Lofgren, Zoe Bachmann Gohmert Nadler SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. Cole Graves (GA) Long Cardoza Hinchey Young (FL) The right to alter, amend, or repeal this Conaway Graves (MO) Lucas Castor (FL) Inslee joint resolution is expressly reserved.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.060 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8170 CONGRESSIONAL RECORD — HOUSE December 6, 2011 SEC. 4. RESERVATION OF RIGHTS. In 1949, Missouri and Illinois formed bonds and other financial instruments The right is reserved to Congress to re- a compact to create the Bi-State De- which will allow the agency to finance quire the disclosure and furnishings of such velopment Agency. The agency’s mis- projects for longer periods of time. information or data by the Bi-State Develop- I congratulate my colleague from St. ment Agency as is deemed appropriate by sion is to facilitate and coordinate eco- Congress. nomic and infrastructure development Louis, WILLIAM LACY CLAY, a distin- in the St. Louis metropolitan area. guished Member from Missouri whose The text of the amendment is as fol- Among other projects, the agency runs father was in on the first interstate lows: compact, and now we’re proud that he Amendment: the public transportation system in St. Strike out all after the resolving Louis. The agency does not have taxing and other of his colleagues from both clause and insert: authority, but it may issue bonds. For Missouri and Illinois are supporting example, in the 1960s, the agency sold this Senate Joint Resolution 22. I urge SECTION 1. CONSENT. bonds to finance construction of the its favorable consideration. (a) IN GENERAL.—The consent of Congress is tram to the top of the Gateway Arch, I would like to yield the distin- given to the amendment of the powers conferred on the Bi-State Development Agency by Senate which it operates today. The compact guished gentleman as much time as he Bill 758, Laws of Missouri 2010 and Public Act allows the agency to sell 30-year bonds. may consume. 96–1520 (Senate Bill 3342), Laws of Illinois 2010. Last year, most States adopted legisla- b 1630 (b) EFFECTIVE DATE.—The amendment to the tion to amend the compact and allow powers conferred by the Acts consented to in the agency to issue 40-year bonds. Mr. CLAY. Madam Speaker, I want subsection (a) shall take effect on the date of In addition to other capital improve- to thank the chairman and ranking enactment of this Act. ments, the agency could use revenue member of the full committee and the SEC. 2. APPLICATION OF ACT OF AUGUST 31, 1950. from these 40-year bonds to support the chairman and ranking member of the The provisions of the Act of August 31, 1950 CityArchRiver 2015 initiative. The pur- subcommittee for their leadership and (64 Stat. 568) shall apply to the amendment ap- for moving this critical resolution. proved under this joint resolution to the same pose of the CityArchRiver 2015 is to better connect downtown St. Louis I’m proud to have introduced the extent as if such amendment was conferred House version of this joint resolution, under the provisions of the compact consented with the Gateway Arch and the Jeffer- to in such Act. son National Expansion Memorial na- and it accomplishes two very good SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. tional park. The project also involves things: S.J. Res. 22 approves an impor- The right to alter, amend, or repeal this joint building elevated walkways across the tant amendment to a compact between resolution is expressly reserved. river to Illinois. two States. SEC. 4. RESERVATION OF RIGHTS. Senate Joint Resolution 22 gives con- As was mentioned before, in 1949, The right is reserved to Congress to require gressional approval to this amendment, Missouri and Illinois entered into an the disclosure and furnishings of such informa- the Missouri-Illinois Interstate Com- agreement to foster ‘‘regional eco- tion or data by the Bi-State Development Agen- pact. The Judiciary Committee marked nomic development through excellence cy as is deemed appropriate by Congress. up its companion, House Joint Resolu- in transportation.’’ The compact cre- The SPEAKER pro tempore. Pursu- tion 70, on September 21. The suspen- ated the Bi-State Development Agency. ant to the rule, the gentleman from sion version of Senate Joint Resolution Congress approved it, and has approved Texas (Mr. GOHMERT) and the gen- 22 contains one amendment, to correct several amendments over the last 6 tleman from Michigan (Mr. CONYERS) a minor drafting error regarding the ef- decades. each will control 20 minutes. fective date. With this amendment, The agency, now known as ‘‘Metro,’’ The Chair recognizes the gentleman Senate Joint Resolution 22 will be ef- operates the St. Louis Metropolitan re- from Texas. fective upon the date of enactment. gion’s public transportation system. It GENERAL LEAVE In conclusion, I’m pleased to see this has more than 2,400 employees and car- Mr. GOHMERT. Mr. Speaker, I ask feature of our federalist system at ries over 55 million passengers each unanimous consent that all Members work. I urge my colleagues to join me year. have 5 legislative days within which to in supporting this resolution and look This resolution approves a small but revise and extend their remarks and in- forward to its swift passage. crucial change to the Bi-State Com- clude extraneous materials on S.J. Res. With that, I reserve the balance of pact. Both State legislatures have 22, as amended, currently under consid- my time. passed it, and both Governors have eration. Mr. CONYERS. Madam Speaker, I signed it. This is a necessary and good The SPEAKER pro tempore. Is there yield myself such time as I may con- amendment, and there is no negative objection to the request of the gen- sume. impact to the Nation or to States. As tleman from Texas? Members of the House, under the such, Congress should approve it. There was no objection. Constitution, article I, section 10, This resolution also enables the Con- Mr. GOHMERT. Mr. Speaker, I yield clause 3, these kinds of interstate com- gress to fulfill one of its constitutional myself such time as I may consume. pacts must be ratified by the House of duties. And I agree with my good The Founding Fathers did not believe Representatives. Senate Joint Resolu- friend, Mr. GOHMERT, that Congress that the Federal Government should tion 22 gives congressional approval to should not overstep its authority. try to solve every problem in the coun- an agreement between Missouri and Il- While we do not always agree on the try. Instead, they believed that local linois to amend the interstate compact limits of that power, we agree on this problems should have local solutions. establishing the Bi-State Development resolution and on the constitutional This system of federalism became the Agency. authority for it. bedrock of the Constitution. My colleague on the Judiciary, Judge Article I, section 10, clause 3 of the One particular aspect of our fed- Gohmert, has expertly described what Constitution says that ‘‘No State shall, eralist system is found in the Compact it is that brings us here, but I would without the consent of Congress . . . Clause of the Constitution. The clause merely add that the congressionally enter into an agreement or compact recognizes agreements or contracts approved interstate compact estab- with another State.’’ that States make among themselves, lishing the Bi-State Development The Framers of the Constitution re- with congressional approval when nec- Agency in 1950 serves as the primary quired that Congress would have to ap- essary. Today, there are approximately provider of the public transportation prove these agreements to protect the 200 active interstate compacts address- for the St. Louis metropolitan area. It interests and rights of the other ing a variety of issues that range from also develops, maintains, owns, and op- States. This also protects the rights of environmental and energy policy to erates bridges, airports, wharves, the citizens within the States that are natural resources to traffic and trans- docks, grain elevators, industrial party to the compact by providing Fed- portation. Rather than wait for a one- parks, parking facilities, refuse and eral oversight. size-fits-all program from Washington, waste handling facilities, as well as This clause was a compromise. There D.C., the Constitution allows States to fuel, energy, air, water, rail, or com- were those who wanted to give the Fed- solve these kinds of problems for them- modity storage areas. Also, there is a eral Government greater power over selves. 40-year maximum maturity period for the States, including the authority to

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A06DE7.023 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8171 regulate to negate State laws. Others among many bills that we have been sevelt spoke about opportunity for felt very strongly that this would be debating from the Judiciary Com- Americans, I’m asking for the Members overly nationalist and broad. mittee, this bill might enhance oppor- of Congress to come to the floor and The Constitutional Convention, rath- tunities for jobs. I think of bonds. I give opportunity for Americans. er than giving the Federal Government think of jobs. I think of utilization of I will close by saying to my friends, complete control over everything, or funds from bonds as they mature. And there are many good friends who are nothing, compromised. They com- this is a good thing. running for President. Many of us have promised for the good of the Nation. I’m sad to say that in the course of worked with them. And anytime an They granted the Federal Government the time that we’ve spent, maybe over American wants to offer themselves to blanket authority over some areas. the last 3 weeks, when we could have serve this country, I have no angst They also limited the Federal Govern- actually engaged in reasonable debate with them, no matter how much I dis- ment’s authority in others. And they on how we raise the payroll tax, how do agree with their policy. But let me be required congressional approval for we extend the payroll tax cut, and how very clear, as a child that grew up agreements between the States. do we extend the unemployment bene- poor, lived with neighbors who were This compromise, one of many that fits, we have not been able to do that. poor—not in our minds, but certainly formed our great country, dem- So let me just share my assessment by our economics—I want to make the onstrates that two opposing sides, who of the folk who are needing unemploy- record very clear: poor children have each feel passionately about their ment benefits. Personal savings have role models because poor families get point of view, can come together and gone. Family savings have gone. up every day and go to work. And the compromise for the good of the Nation. They’ve exhausted the 401(k)s and they solution to poor children being the best They each put aside their well-inten- have tapped every other fungible that they can be is not a Donald Trump tioned and strongly held belief that amount of dollars that they might apprenticeship, and it sure isn’t to get they were completely correct, and that have, maybe even to the kiddie’s sav- rid of the working janitors who are the other side was completely wrong, ing account that started with 25 cents, supporting their families and put the and found a way to work out the dif- leaving many individuals in this har- poor children to work. ferences. Each gave up something they monious, humble holiday time, des- I hope that we can do better than held dear in order to achieve a higher perate, desperate for a job, desperate that, Madam Speaker, and get back to good: That was the creation of a strong for assistance, desperate for being able work and make sure we extend the pay- Nation, a Nation that would endure. to pay their mortgage, desperate for roll tax for working families. And let’s Madam Speaker, there is a lesson paying their rent. extend the unemployment insurance here, a 224-year old lesson for us who Madam Speaker, maybe we should for the 99ers. serve in Congress today. also say, desperate in getting one more Mr. CONYERS. Madam Speaker, I Once again, I thank the chairman allotment of food stamps. Maybe we’re yield as much time as he may consume and ranking member. not aware that there are 46 million to the distinguished gentleman from Mr. GOHMERT. I have no requests families on food stamps, and most of New York (Mr. TONKO). for time, and I continue to reserve the them wait all the way to the exhaus- Mr. TONKO. I thank the Representa- balance of my time. tion of those food stamps; find them- tive from Michigan for the opportunity Mr. CONYERS. Madam Speaker, I am selves, before the next opportunity for to speak to this measure and to really pleased to yield as much time as she food stamps, literally drinking water, express concern about the inordinate may consume to the distinguished gen- making tea, and eating crackers. There time that we are spending on measures tlelady from Houston, Texas (Ms. JACK- was an expose on this just recently on that allow us to harm the air that we SON LEE), a senior member of the com- one of our cable stations, families wait- breathe and the water that we drink. mittee. ing until 12 midnight to watch and see The American people are asking us to Ms. JACKSON LEE of Texas. Madam if their account has in it the amount of set priorities here that focus on job Speaker, I want to applaud the gen- money they needed to enter a grocery creation. They’re demanding that this tleman from Texas (Mr. GOHMERT), the store to feed their children. body focus on jobs and helping rebuild ranking member, and my colleague I don’t believe that we can leave this our economy. Instead, we seek to be from Missouri, and to echo the com- sacred and august institution without, spending hours debating regulatory ments of Mr. CONYERS on his father, one, providing relief on extending the and bureaucratic measures that are but also the stellar work that he is payroll tax cut, giving $1,000 and $1,500 flawed and would dramatically under- doing. As a member of the delegation, to the American working class. And mine the ability of our government to we can always count on Missouri to clearly, I don’t believe that we can protect the air that we breathe and the test the Constitution and to ask the leave without providing for unemploy- water that we drink. Instead, I would United States to do what is right. ment. Every dollar invested in unem- suggest that our time be better spent I am rising to support this compact. ployment insurance yields $1.52 in eco- focusing on putting more money in the Frankly, I want to really embrace it nomic growth, and at least 200,000 jobs pockets of American workers, empow- because it is maybe one aspect of legis- will be lost if Republicans block exten- ering our middle class. lation, Madam Speaker, that we are ac- sion of the unemployment insurance. Mr. GOHMERT. Will the gentleman tually bipartisan and supporting it In fact, frankly, I know that Scrooge yield? without hesitation. would not find a place of comfort in Mr. TONKO. I yield to the gentleman I, frankly, believe that the Federal this House. from Texas. Government should not overreach as it Mr. GOHMERT. I thank the gen- relates to compacts that have been be- b 1640 tleman. tween States. But I do think that regu- We have always risen to the occasion If our time would be better spent on lation is key and crucial to give States of helping the most desperate. Whether those things, we would be glad to with- extra leverage. it has been under Franklin Delano Roo- draw the suspension on your suggestion So let me congratulate Mr. CLAY. sevelt in World War II, where he had to and just drop it right now. We will be And I look forward to supporting this put the apple sellers back to work, or glad to do that. I will make that offer. legislation. whether it was when our President had Mr. TONKO. Madam Speaker, might I I will add, as well, that when I think to stop the bleeding with the $800 bil- suggest that during this holiday sea- of bonds, I think of opportunities for lion stimulus, we have always risen to son, as the American public struggles building, using resources to restore. be able to find a way to move our econ- to pay bills that range from gas bills to And by the very nature of that, Madam omy. And if we would tell the truth, we groceries that are required for their Speaker, we’re talking about creating would see that our economy is perco- mortgages, again, the focus should be jobs. lating along. on job creation. And the payroll tax So I add another applause to this par- So in the tribute of President Obama, holiday is nearing its expiration. This ticular legislation coming out of the who speaks today in Kansas in the body should act to extend that tax cut Judiciary Committee because, for once, same place that President Teddy Roo- for hardworking middle class American

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.066 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8172 CONGRESSIONAL RECORD — HOUSE December 6, 2011 families. A failure to do so would result A motion to reconsider was laid on efforts of its members to service to the in job losses, a reduction in economic the table. United States. activity, and higher taxes for many f The American Legion has over 14,000 families when they can least afford it. local posts. The national organization So my suggestion here is to stop AUTHORIZING AMERICAN LEGION is not designed to have control over all wasting time on less important prior- GUIDANCE TO INDIVIDUAL POSTS the independent posts. As the Supreme ities and start focusing on creating Mr. GOHMERT. Madam Speaker, I Court of Minnesota has found, local jobs and standing up for our middle move to suspend the rules and pass the ‘‘posts and State chapters are sepa- class, enabling them to strengthen bill (S. 1639) to amend title 36, United rately incorporated . . . and the posts their purchasing power and to enable States Code, to authorize the American all have their own constitutions and our economic recovery to be as vital Legion under its Federal charter to bylaws.’’ The court found that there and strong as possible. provide guidance and leadership to the was a very limited relationship be- Mr. CONYERS. Madam Speaker, I individual departments and posts of tween the posts and national head- yield back the balance of my time. the American Legion, and for other quarters. Mr. GOHMERT. As a closing com- purposes. The national organization’s ‘‘Offi- ment, I have come to know the gen- The Clerk read the title of the bill. cer’s Guide and Manual of Ceremonies’’ tleman from Missouri (Mr. CLAY), my The text of the bill is as follows: states ‘‘the post is a separate and dis- friend across the aisle, and hold him in S. 1639 tinct unit which can and often does very high regard. I appreciate very function independently.’’ Be it enacted by the Senate and House of Rep- The American Legion has asked Con- much his comments earlier about what resentatives of the United States of America in this compact means to Illinois and to Congress assembled, gress to amend its Federal charter to specify that the national organization Missouri. I know Mr. CLAY has been a SECTION 1. ADDITIONAL POWER OF AMERICAN leading proponent of this happening, LEGION UNDER FEDERAL CHARTER. may provide guidance and leadership to and I really very much appreciate his Section 21704 of title 36, United States the individual departments and posts comments. This will not provide jobs Code, is amended— but that it may not control or other- across the country, but it solves a (1) by redesignating paragraph (5) through wise influence the specific activities problem. It will ease things for those (8) as paragraphs (6) through (9), respec- and conduct of the departments and tively; and two States so that jobs should be easi- posts. (2) by inserting after paragraph (4) the fol- The director of the Legion’s National er. lowing new paragraph (5): Legislative Commission explained the And I was totally serious when I of- ‘‘(5) provide guidance and leadership to or- fered my colleague who was saying request by stating the following: ganizations and local chapters established ‘‘The Legion wants to allow members that we were wasting our time on under paragraph (4), but may not control or to renew their memberships and pay this—I know Mr. CLAY and many oth- otherwise influence the specific activities their dues to the national organization ers have spent a great deal of time on and conduct of such organizations and local chapters;’’. through the use of a credit card over this, and I didn’t think the Democrats the Internet . . . Currently, these dues that were pushing this bill so hard The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from payments flow to the national organi- were wasting our time. I think it’s a zation from our posts through our de- Texas (Mr. GOHMERT) and the gen- very legitimate use of our time. partments. We are concerned that Some people like to confuse the term tleman from Tennessee (Mr. COHEN) each will control 20 minutes. plaintiffs’ lawyers would argue this ‘‘interstate,’’ as used in the Constitu- would indicate that the national orga- tion; and they want the term ‘‘inter- The Chair recognizes the gentleman from Texas. nization has control over those depart- state’’ to be expanded, as it has some- ments and posts . . . Appearance of times, to apply to nothing but activity GENERAL LEAVE control may . . . support a claim of li- wholly within one State. The Supreme Mr. GOHMERT. Madam Speaker, I ability against the national organiza- Court has even given some regard to ask unanimous consent that all Mem- tion when a legal dispute against a those kinds of arguments, but this is bers have 5 legislative days within post arises.’’ not one of those cases. This is a matter which to revise and extend their re- S. 1639 amends the Legion’s Federal that’s been taken up and passed by the marks and include extraneous mate- charter as requested. Our colleague, Senate, and we should pass it today. It rials on S. 1639, currently under consid- the gentleman from Pennsylvania (Mr. takes up a matter clearly between two eration. ALTMIRE), introduced the House States that makes it interstate. The SPEAKER pro tempore. Is there version of the bill, H.R. 2369, which the And then it is not the State of Illi- objection to the request of the gen- Judiciary Committee approved by nois or Missouri coming and begging tleman from Texas? voice vote. for the Federal Government to take There was no objection. I thank the gentleman from Pennsyl- over a State responsibility. It is two Mr. GOHMERT. Madam Speaker, I vania for his work on this legislation States with different opinions, dif- yield myself such time as I may con- and am pleased to see that his bill has ferent concerns, but wanting things to sume. a remarkable 432 cosponsors. It’s al- work together for good, coming to a so- The American Legion received its most unheard of. lution; and then the Federal Govern- Federal charter in 1919 as a patriotic So there are things that this Con- ment, since it is interstate, must rec- veterans organization. Today, the Le- gress needs to be doing, and there are ognize that compact. I think it is an gion is America’s largest Veterans many things that are very important appropriate thing to do. I don’t think Service Organization with 2.5 million that this Congress does; but this is the Democrats who are pushing this members. Membership is available to something that only the Congress can bill were wasting our time. I think it’s persons who have served in the United do. So if we hear from other speakers an appropriate use of Federal time. States Armed Forces during wartime, who want to talk about a jobs bill, I With that, I would urge my col- including the current war on terrorism, would encourage them to go talk to the leagues to support this bill, and I yield and were honorably discharged or are Senate about the 15 to 20 jobs bills that back the balance of my time. continuing their service. they are down there sitting on. The SPEAKER pro tempore (Mrs. I look forward to the day when the 1650 NOEM). The question is on the motion b President says that this is a do-nothing offered by the gentleman from Texas The Legion’s goals are to uphold and Congress that he’s no longer half right (Mr. GOHMERT) that the House suspend defend the U.S. Constitution, promote in making that statement. The House the rules and pass the joint resolution, worldwide peace and goodwill, and pre- is certainly not a do-nothing House. S.J. Res. 22, as amended. serve the memories of the two world The Senate is sitting on many bills. The question was taken; and (two- wars and the other conflicts fought to This is a bill for which the gentleman thirds being in the affirmative) the uphold democracy. The Legion also from Pennsylvania saw a need, so he rules were suspended and the joint res- aims to cement the ties and comrade- stepped up and filled that need, and I olution, as amended, was passed. ship born of service and to commit the appreciate his efforts in doing this.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.068 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8173 The American Legion has performed charter of the American Legion, and it The question was taken; and (two- a great service in bringing together clarifies the local autonomy of the thirds being in the affirmative) the veterans. I’ve spent a great deal of local posts throughout the country. rules were suspended and the bill was time with American Legion posts, and This needs to be done. It is important, passed. I’m grateful they exist. I think this is and it is something that we in this A motion to reconsider was laid on a good bill, and I would urge my col- Chamber have come together to do. It the table. leagues to support it. is long overdue. f With that, I reserve the balance of When I first introduced this bill in CHANGES IN MEMBERSHIP RE- my time. June, I started to talk with folks in QUIREMENTS FOR BLUE STAR Mr. COHEN. Madam Speaker, I yield this Chamber, and I found out that MOTHERS OF AMERICA, INC. myself such time as I may consume there really are things we can agree on. and am glad to be the Hoyt Wilhelm of We’ve spent a lot of time over the Mr. GOHMERT. Madam Speaker, I the Judiciary Committee and to relieve course of the year—in fact, a lot of move to suspend the rules and pass the the gentleman from Michigan, Chair- time today—pointing fingers at each bill (S. 1541) to revise the Federal char- man CONYERS. other and casting blame and talking ter for the Blue Star Mothers of Amer- S. 1639, the Senate version of H.R. about all the things that we don’t ica, Inc. to reflect a change in eligi- 2369, is a bipartisan bill which makes a agree on. Yet, for our men and women bility requirements for membership. minor change to the Federal charter of in uniform, the people who are honor- The Clerk read the title of the bill. the American Legion. The American ably and bravely serving this country, The text of the bill is as follows: Legion, as we all know, is the Nation’s and our American veterans, we agree S. 1541 largest veterans service organization, that they need this change and that we Be it enacted by the Senate and House of Rep- which was chartered after World War I, support them. resentatives of the United States of America in by Congress in 1919. As the gentleman from Texas pointed Congress assembled, S. 1639, introduced by Senator out, according to the Congressional Re- SECTION 1. MODIFICATION OF MEMBERSHIP TERMS. TESTER of Montana, a distinguished search Service, this bill that we intro- Section 30504 of title 36, United States Member of the Senate, is the Senate duced in the House, which is the com- Code, is amended— companion of the bill introduced by the panion bill to the Senate bill on which (1) in paragraph (1)— distinguished Representative and we will vote tomorrow, has received (A) by striking the text preceding subpara- former defensive back from the Florida the most cosponsors of any bill ever in- graph (A) and inserting ‘‘she is a mother State Seminoles, Representative ALT- troduced in the history of the Con- (meaning a woman who filled the role of MIRE of Pennsylvania, who introduced gress—432 cosponsors. It’s more than birthmother, adoptive mother, step-mother, H.R. 2369. He did a phenomenal job of any bill that has ever been introduced foster-mother, grandmother, or legal guard- getting 432 cosponsors—433 if including ian) of a person who—’’; and in history. It passed unanimously in (B) in subparagraph (B), by striking ‘‘in himself in the sponsorship. He can’t be the Senate after it was introduced in World War II or the Korean hostilities’’; and a cosponsor because he is ‘‘the’’ spon- October, which shows there really are (2) in paragraph (2), by inserting ‘‘or is a sor, which might make this the easiest things we can work together on. citizen of the United States living outside suspension vote we’ve ever taken. Maybe this isn’t the most important the United States’’ before the period at the The change made by this bill simply thing we could be doing, but it’s some- end. reaffirms the organization’s structure, thing we need to do; and it’s something The SPEAKER pro tempore. Pursu- which grants broad autonomy to the we’re going to do. Hopefully, it will ant to the rule, the gentleman from departments and posts throughout the send a message on both sides of this Texas (Mr. GOHMERT) and the gen- country. While this is not a major Capitol that we should come together tleman from Tennessee (Mr. COHEN) change to the existing charter, it will and that we should put our differences each will control 20 minutes. help the American Legion carry out aside. That doesn’t mean we have to al- The Chair recognizes the gentleman changes to the membership renewal ways agree, but at least let’s work to- from Texas. process that were adopted by resolu- gether, because this bill proves we can GENERAL LEAVE tion at its national convention last do it. Mr. GOHMERT. Madam Speaker, I year. So I am proud to stand here as the ask unanimous consent that all Mem- Senator TESTER and Representative author of the House companion of this bers have 5 legislative days within ALTMIRE are responding to a call from bill, and I am a proud supporter of the which to revise and extend their re- the American Legion. I am proud to Senate bill that we will be voting on. marks and include extraneous mate- join with them, as just about every- I’m grateful that Senator TESTER took rials on S. 1541, currently under consid- body else is in this House; and I sup- the leadership role in the Senate to get eration. port the bill. this done. The SPEAKER pro tempore. Is there I reserve the balance of my time. I thank the gentleman from Texas, objection to the request of the gen- Mr. GOHMERT. I continue to reserve and I thank the gentleman from Ten- tleman from Texas? the balance of my time. nessee. I support this bill and urge my There was no objection. Mr. COHEN. I now yield 3 minutes colleagues to vote for it. and 7 seconds to the gentleman who Mr. COHEN. I yield back the balance b 1700 represents the State of Pennsylvania of my time. Mr. GOHMERT. Madam Speaker, I (Mr. ALTMIRE), an alumnus of Florida Mr. GOHMERT. Madam Speaker, yield myself such time as I may con- State University, who lost to the Uni- again, Mr. ALTMIRE is owed a great sume. versity of Tennessee in the national debt of thanks. When my friend from The Blue Star Mothers of America championship football game that I at- Tennessee said this was a bipartisan was established during World War II tended in Phoenix. bill, apparently it’s the most bipar- and federally chartered in 1960. The or- Mr. ALTMIRE. I thank the gen- tisan bill ever brought before the ganization’s 5,000 members and 225 tleman, my friend from Tennessee, and House. It’s wonderful that a group like chapters provide support for our men I especially thank the gentleman from the American Legion could bring us to- and women in uniform and assist vet- Texas for his kind words. gether, and I appreciate Mr. ALTMIRE’s erans’ organizations. According to There are other things that are more efforts in doing that. their charter, the Blue Star Mothers important than this—our friends in the I would urge my colleagues to sup- also care for unsupported mothers. American Legion would be the first to port its passage. With that, I yield Membership in the Blue Star Mothers agree—that we are working on in this back the balance of my time. is open to a mother, an adoptive moth- Congress; but as the gentleman from The SPEAKER pro tempore. The er or stepmother who lives in the U.S. Texas pointed out, this is something question is on the motion offered by of a child who serves in the Armed only the Congress can do. the gentleman from Texas (Mr. GOH- Forces or has served in the Armed This is an important issue for the MERT) that the House suspend the rules Forces during World War II or the Ko- American Legion. It modernizes the and pass the bill, S. 1639. rean War.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.072 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8174 CONGRESSIONAL RECORD — HOUSE December 6, 2011 Wendy Hoffman, the national presi- First, to expand the membership eli- Colleague’’ being circulated. I hope dent of the Blue Star Mothers, has sent gibility requirements to include foster people will sign on and that we will a letter to the committee and requests mothers, grandmothers, female legal save the U.S. Postal Service. that their charter be amended con- guardians, and all stepmothers; f sistent with the resolution passed at Second, it expands membership to AMERICA AT A CROSSROADS their national convention. She stated U.S. citizens living abroad; the following: Third, it expands eligibility to serv- The SPEAKER pro tempore. Under ‘‘As mothers of American service- icemen and -women who served in prior the Speaker’s announced policy of Jan- members and veterans, we recognize conflicts other than World War II and uary 5, 2011, the gentleman from Texas changing family dynamics and have the Korean War. (Mr. GOHMERT) is recognized for 60 min- found it extremely important to in- Our men and women in the military utes as the designee of the majority clude other ‘mothers’ who have played need all the support we can offer, so I leader. a part in raising military heroes and applaud this effort by the Blue Star Mr. GOHMERT. Madam Speaker, also those mothers who are not resi- Mothers to provide the circle of sup- there are an awful lot of people hurting dents of the U.S.’’ port that the organization can provide. across America now. The Blue Star Mothers have also They do much to remember our We take up a few suspension bills here that only the Congress could deal opened membership to mothers of chil- servicepeople, and I appreciate their ef- with, so it’s something we have to do, dren who have served in the military at forts. I support these changes, and I we’re proud to do, important to those any time. This bill makes the changes urge my colleagues to support this leg- organizations in two States. It’s impor- to the charter requested by the Blue islation. tant to them; it’s important to us. Star Mothers. Our colleague SCOTT TIP- I yield back the balance of my time. Mr. GOHMERT. Madam Speaker, this We have people on the other side of TON introduced the House version of the aisle who come forward and try to the bill, H.R. 2815, and the Judiciary is also another very bipartisan bill. The Blue Star Mothers is a wonderful make it into a jobs debate when it Committee approved Mr. TIPTON’s bill group. I have met with them and I have would seem that some of the best de- by voice vote. wept with them. I’ve prayed for them bate would be if all of us, en masse, This commonsense bill opens eligi- walked down to the other end of the bility to ‘‘a woman who filled the role and am grateful to them for their work. I’m grateful for my mother, who hall of this building and began to seek of birth mother, adoptive mother, step- to debate the Senate—the Senate lead- mother, foster-mother, grandmother, passed away in 1991, as the mother of a servicemember and my stepmother as ership, that is—and Democratic Party or legal guardian’’ to a current member on why they are so intent on stopping of the Armed Forces or to a child who well, now. What they’re asking for makes per- legislation that could put people back has served at any time. To be eligible, fect sense, and I would encourage my to work. the mother will not have to reside in colleagues to support this resolution as There are many besides the Presi- the United States as long as she is a the Blue Star Mothers have requested. dent, in addition to the President, who U.S. citizen. I yield back the balance of my time. say this is a do-nothing Congress; and I urge my colleagues to support this The SPEAKER pro tempore. The because the Senate does so very little, bill to help enable the Blue Star Moth- question is on the motion offered by they give credence to that argument. ers to continue their wonderful work. the gentleman from Texas (Mr. GOH- One need only look to all the bills we With that, I reserve the balance of MERT) that the House suspend the rules have been passing here in the House my time. and pass the bill, S. 1541. that could help the economy, would Mr. COHEN. Madam Speaker, I yield The question was taken; and (two- help the economy, would put people myself such time as I may consume. thirds being in the affirmative) the back to work, would bring down dra- S. 1541, the Senate version of H.R. rules were suspended and the bill was matically the cost of energy, which 2815, is another bipartisan bill to revise passed. would bring down inflation and the the Federal charter of the Blue Star A motion to reconsider was laid on stagnation and stagflation that’s been Mothers of America. The revisions im- the table. put in place by this President and, ac- plemented by the legislation once f tually, the 2 years prior to this Presi- again reflect minor changes recently SAVE THE POST OFFICE dent when our Democratic friends made to the organization’s membership across the aisle controlled Congress eligibility requirements. (Mr. COHEN asked and was given per- and jumped up spending like we could The Blue Star Mothers of America, mission to address the House for 1 not have anticipated. representing the mothers of military minute.) Our friends across the aisle correctly servicemen and -women, has been a Mr. COHEN. Madam Speaker, the pointed out that Republicans in 2006 federally chartered organization since other day the Postmaster General said were spending too much money. They 1960. The existing charter restricts that first class mail wasn’t going to be were right in pointing out that we member in three ways: first class anymore; it wasn’t going to should never be spending $160 billion A, members must be birth mothers, be overnight; it might be 2 or 3 days. more than we were taking in. They adoptive mothers, or certain step- Because of the problems we have were right. mothers; with making the post office financially As a result of their being right on B, members must be U.S. citizens sufficient, there are ways they could that and their promises that they currently living in the country; and accomplish this, and I’ve got a bill that would rein in that runaway spending, C, the corresponding serviceman or allows them to go into other services our friends across the aisle were given -woman must be currently serving in to expand their revenue base, and the majority in November of 2006. the Armed Forces or must have served there’s also about $5 billion that’s an in World War II or the Korean War. issue concerning payments into a b 1710 Last year, at the organization’s na- health fund that could be resolved. What followed in 2007, 2008, 2009, and tional convention, the group adopted a The post office is almost as American 2010 under the Democratic majority resolution expanding these eligibility as apple pie. A lot of people will switch was runaway spending at a level never criteria. A conforming amendment to to using the Internet to pay their bills even dreamed of, at least on our side of the Federal charter is needed in order and they’ll never go back to the post the aisle. make these changes operable. office. I’m afraid that what’s been rec- Who would have ever dreamed that S. 1541, the Senate bill, was intro- ommended is penny-wise and pound- the same party that condemned Repub- duced by Senator MICHAEL BENNET of foolish, and a great American institu- licans—correctly—for overspending the Colorado. Its House companion was in- tion that serves many rural people and amount of money coming into the Fed- troduced by Representative SCOTT TIP- others without a lot of connectivity eral Treasury by $160 billion would up TON, also of Colorado. and fortune will suffer. that ante and overspend by 10 times The legislation makes three minor I wish the Postmaster General will that much? Over a $1.5 trillion deficit revisions to the organization’s charter: reconsider his action. I have a ‘‘Dear in just 1 year. It is just unfathomable.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.076 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8175 One of the things that so concerned turn which still allowed a refund com- trade what they raised. They could use me about TARP, not only the bill when ing back. And as a result, their em- it as they saw fit. That kind of men- I read it, but the fact that it desen- ployment was in jeopardy. tality and that kind of structure that sitized Americans to just how much Imagine the feeling of Internal Rev- affords private property to people to $700 billion is and how much it was in enue Service employees who have had own and use on their own, or rental late 2008. to throughout their stellar careers at property that they can use to produce It’s my belief that if we had not the Internal Revenue Service, had to income, those kind of freedoms have passed TARP and people being so de- keep all of their affairs clean and in allowed the entrepreneurship that has sensitized as to how much $700 billion order, open, honest, to find out they brought us to the point in history was, President Obama could never have are going to be ruled and governed by where we are the greatest Nation in gotten through what was said to be someone who misrepresented on sign- the history of mankind, with more around an $800 billion porkulus, stim- ing a sworn document that they would freedoms than any in the history of ulus, whatever you want to call it, pay taxes that they didn’t until some- mankind. which turned out, by some accounts, to one called it to their attention prior to b 1720 be more like a trillion dollar giveaway being appointed to that role. It has to program—only if you consider giving be tough for IRS agents who have had But over time we’ve seen those who away amounts like $500 million to $600 such stellar, honorable careers to have fled Europe and England to come to million to Solyndra, that goes bank- dealt with that. America to start a new life, so many of rupt, as throwing away money. So what’s wrong with having some- them fleeing persecution as Christians, We have set this country on a course body who plays so fast and loose with coming to a new land where they would toward ruin. And now the Secretary of signing documents, not paying taxes, not be persecuted as Christians. They the Treasury, Mr. Geithner, who we re- playing with other people’s money in came to America. And with private call had time with the International the International Monetary Fund? I property engendering the kind of Monetary Fund, as came to light dur- would submit to you that we get thought processes that led our Found- ing his unfortunate confirmation hear- things, as we have here recently, with ers through the guidance—divinely, I ings, 4 years in a row he was paid by our Secretary of the Treasury, who en- believe—that they got, as pointed to by the International Monetary Fund and joyed spending hundreds of billions of so many of the Founders, we got our was said to be an independent con- dollars from TARP, who has enjoyed Constitution. We have a structure of tractor, although he manifested con- the power of giving away money, pay- government from Founders who did not trol and some level of governance with- ing money. Under TARP, in fact, a pro- trust government; who wanted to make in the International Monetary Fund. vision allowed the Secretary of Treas- it as difficult as possible to pass laws. He had a job with the International ury to pay more than fair market value Even once they were passed, they could Monetary Fund, but they paid him as if anything—and this is my interpreta- be vetoed. Struck down. They wanted an independent contractor, and, there- tion—if anything in his opinion, his it difficult. They saw gridlock as being fore, when he signed a document swear- sole opinion, would somehow, some a good thing. The more difficult it was ing that he would pay all of the taxes way, some day help our economy some- to pass laws, the less chance the gov- due on those amounts that were listed how, even if it was helping a foreign ernment would interfere in personal on those four documents, then he was economy. That’s the mentality at the property rights and personal freedoms allowed to receive all of the money IMF and apparently the mentality cur- of the individual. that should have been paid to the Fed- rently at the Treasury Department. Europe after World War II seemed to eral Government in taxes in return for I did not think we could get a worse move into this socialist type of think- his sworn agreement to pay that tax Treasury Secretary than Hank Paulson ing where the government will take independently on his own. As we found until we got our current Treasury Sec- care of people. Some in this country out during those confirmation hear- retary, making the mistakes he has after World War II for 60 years, going ings, he did not fulfill his oath. He and taking the position he has, and on 70 years now, have been pushing an broke his oath. He didn’t pay those now wanting Americans to come in and agenda to get us to a socialist state, taxes, and now he’s in charge of the bail out foreign countries who are where we take on the attributes of Treasury. How amazing. slightly ahead of us on the road to so- those systems that have repeatedly I’ve privately had Internal Revenue cialism. failed over and over in time. Service employees tell me how grieved If you go back to the Roman Empire, I was recently in Israel. I went to a they were to have had someone who did the Romans found that over time when former kibbutz. Those were truly com- not pay his taxes when he was required you continue to give people bread and munes. They had real communism to do so by law, went even further and circuses, they come to rely on those. there. Share and share alike. But so- he signed a sworn document that he They come to believe that they cialism, communism, it can sound so would take care of it, and didn’t, be- shouldn’t have to work, that the gov- nice. Everyone bring in to the common cause, despite all the jokes about the ernment will give them entertainment storehouse. Share and share alike. It IRS and despite there being some peo- and will give them money to use, food sounds nice, but it never works. ple with the IRS who can be a bit bru- that they need, and it materially af- And I saw that so clearly in an ex- tal at times, there are some wonderful fects work. change program to the Soviet Union people who work for the Internal Rev- Socialism of a sort was tried in the back in 1973, when it really was the So- enue Service who are abundantly fair, New Testament church. And on this viet Union. And on visiting a collective want to do the right thing, and have in- Earth, on this planet with fallible indi- farm, a socialist farm, you look out, credibly clean backgrounds. viduals, it resulted, as it always has the fields did not look very good. I In fact, the rule as I was given to un- and always will, in the Apostle Paul ul- have worked on farms and ranches, and derstand by IRS employees is, if you timately having to come to the conclu- those did not look productive. But I ever have underpaid your taxes or sion and issue the order, okay, new was surprised to see in the middle of failed to pay taxes, you’re out. You rule: if you don’t work, you don’t eat. the morning the farmers were sitting cannot work for the IRS. There have The Pilgrims had a beautiful com- in the shade in the center of the vil- been incidents where an IRS agent has pact. They were going to bring to- lage. I spoke some Russian back then overpaid taxes and then recalled some- gether all into a common storehouse and asked as nicely as I could without one giving them cash, and without any- and share and share alike. That brutal meaning to insult because I really was one ever being able to hold them ac- first winter caused them to lose so curious, When do you work out in the countable, no one would have ever re- many. Eventually, they got to a new fields? And they laughed. And one of ported it, but to keep a clean con- thing that we now call private property them that seemed to be the most bois- science because an IRS agent was so where people would own their own terous of the group said, I make the clean and had a conscience and wanted property, produce from it as they same number of rubles if I’m out there so to abide by honesty and truth and wished with full freedom to do so. They or I’m here in the shade. So I’m here in the U.S. law, filed an amended tax re- could eat what they raised. They could the shade.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.078 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8176 CONGRESSIONAL RECORD — HOUSE December 6, 2011 That’s socialism. That’s why it fails. very poor judgment, President Carter That’s better than rising unemployment And we’ve seen the riots in Greece as hailed the Ayatollah Khomeini in his and falling payrolls. Yet, properly under- the government tried to be responsible return to Iran as a man of peace; and as stood, the new figures reveal more about the and say, Look, we’re going broke. a result that man of peace, as Presi- depth of distress in the job market than about real improvement in job prospects. We’re out of business. We have got to dent Carter hailed him, thousands and Most of the decline in November’s unem- stop spending money we don’t have. thousands and thousands of Americans ployment rate was not because jobless people We’ve got to rein it in. And people have have given their lives or had their lives found new work. Rather, it is because 315,000 rioted and say, No, no, no, don’t cut taken from them. people dropped out of the work force, a re- back what I’m getting from the govern- There are prices that are paid by bad flection of extraordinarily weak demand by ment, not understanding if it’s not judgment; and this country has paid a employers for new workers. It is also a sign there, your government will eventually price for bad judgment, and now we of socioeconomic decline, of wasted re- have more efforts at bad judgment. sources and untapped potential, the human be taken over by some type of radical equivalent of boarded-up Main Streets and form—at least historically that’s what That would include telling the world shuttered factories. often happens—and some dictator, that as we’ve overspent more than a The job growth numbers also come with which they would hope would be a be- trillion dollars more than what we caveats. More jobs were created than econo- nevolent dictator, would take over, get have coming in, Don’t worry, we’ll mists expected, but with the job market so the rioting under control, and set the come bail you out. I was surprised to weak for so long, that is a low bar. It would take nearly 11 million new jobs to replace government on a course. find out this summer that we’re not printing money to get us out of our the ones that were lost during the recession We saw a government after World and to keep up with the growth in the work- War I in Germany trying to work to- problem. No, we’re not printing money. ing-age population in the last four years. To ward a process. Economic times were I was surprised to find out—because fill that gap would require 275,000 new jobs a tough. So a little guy with a mustache I’ve said that before. I think we’re just month for the next five years. That’s not in ends up actually getting elected to of- printing money to try to pay off our the cards. Even with the better-than-ex- fice and then eventually taking over debt. That causes runaway inflation. I pected job growth in the past three months, the country. We know the results of was corrected. And I stand corrected. the economy added only 143,000 jobs on aver- We’re not printing money to get out age. that—at least most of us do. There are And most of those new jobs are low-end some, like Ahmadinejad, that thought of our financial dilemma. No, I was ones. In November, for example, big job- the Holocaust never happened. But it told we’re not printing this money. growth areas included retail sales, bar- did. We’re just adding ones and zeroes in a tending and temporary services. Teachers So why in the world, when we see computer to say that we’ve got more and other public employees continued to lose how that works out and we see that a money. We’re not even printing it any- jobs, and job growth in construction and country will not accept its own respon- more. How irresponsible is that? There manufacturing were basically flat. Indeed, is a price that will be paid for that work—once the pathway to a rising standard sibility, as incredible as the people can of living—has become for many a route to be of a country like Greece—you meet kind of irresponsibility, and it is very downward mobility. Motoko Rich reported in people from Greece, you love them. tragic that it may well be paid by our The Times recently on new research showing They’re just great folks. As beautiful children and grandchildren. It is the that most people who lost their jobs in re- as a country can be, as rich a history height of irresponsibility to leave that cent years now make less and have not main- as a country can have like Greece, you to future generations. tained their lifestyles, with many experi- want to embrace them. Understand- And then to have our Treasury Sec- encing what they describe as drastic—and able. retary say, Let’s go bail these folks probably irreversible—declines in income. out. Well, it’s not really us. It’s the Against that backdrop, the modest im- But when a people such as those in provement in the jobs report, even if sus- Greece want to continue down a bank- International Monetary Fund. tained in the months to come, would not be rupt course and you see them heading b 1730 enough to repair the damage from the reces- for the edge of a cliff and they say, sion and its slow-growth aftermath. Help is It is kind of reminiscent of President Come join hands with us, it doesn’t needed, yet Congress is tied in knots over Obama saying, We’re going to go get make me feel any better to hear people even basic recovery measures, like extending Qadhafi, we’re going to help these so- like Secretary Geithner say, figu- federal unemployment benefits and the tem- called ‘‘rebels,’’ but we’re not actually ratively speaking, Let’s join hands as porary payroll tax cut. going to do it. No, we’re not going to Meanwhile, the increasing likelihood of a they jump off the cliff and take us with do it; NATO will do it. We started a lit- recession in Europe, or any other setback, them. But we’re told, Well, gee, some tle bit out there, but now it’s not the could easily derail the weak American econ- of the European countries, they’ll feel United States at all; it’s NATO. omy, sending unemployment back up to dou- better about trying to bail out Greece So we checked, and we find out 65 ble-digit recession levels. if they know that the United States percent of NATO’s military is United Now, we’ve been hearing a great deal will come in if things don’t work out States Armed Services. Oh, no, it lately from the President and from and bail them out. wasn’t NATO—much. Sixty-five per- Members of Congress on the Demo- We have had such radicalized spend- cent was the United States. It was the cratic side about how we just needed to ing that’s been out of control. And United States. And now the Secretary extend this wonderful payroll tax holi- until we get that under control, we’re of the Treasury wants us to do this day. Well, as the person who came up of very little use to most of the world with countries that are failing and yet with the idea of a payroll tax holiday 3 economically. The best thing we could still unwilling to embrace the problem years ago, I’m offended at the use of do for Greece, for all of Europe, is get they’ve created. the term ‘‘payroll tax holiday’’ to cut our spending under control, come back And then we’re told there’s such 6.2 percent Social Security tax down to from a point of strength financially, great news, that unemployment has 4.2 Social Security tax when it has not show them by example how you get out now dropped from 9.1 percent to 8.6 per- increased jobs, it has not helped jobs. of your problems, and then the world cent, or 9.0 to 8.6 percent, and we’re We’re talking $30, $40, $50, $60, when will be better off financially because supposed to feel like that is such a the payroll tax holiday I was proposing you see repeatedly in history when a wonderful thing. I’m not a huge fan of was a true holiday. It would have al- country gets in trouble financially, it The New York Times, but there was an lowed every worker in America not to opens the door to dictators or a radical article in December 2’s New York pay any Social Security tax, any Medi- form of a government such as we see in Times, an editorial entitled, ‘‘Been care tax, any income tax for at least 2 Iran today. That wasn’t entirely eco- Down So Long.’’ I think it’s worth en- months. It would not have hurt Social nomic. tering into the CONGRESSIONAL RECORD Security, the trust fund, and it would We do recall—I was in the Army at by its reading. not have hurt the Medicare system be- the time—when President Carter failed The unemployment rate dropped to 8.6 per- cause it was totally paid for. to support our ally, the Shah. I never cent in November from 9 percent in October My bill said that money that was met the man, but apparently histori- in the jobs report released Friday. The econ- leftover—which was available at the cally not a warm fuzzy fellow. Was not omy added 120,000 jobs and job growth was time before our Secretary of the Treas- fine with the folks in Iran. But using revised upward in September and October. ury just started giving it away—that

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.080 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8177 money would be moved over and would out and dribbles out $30, $40, $50, $60 to people that are working that, gee, the cover the Social Security trust fund the worker. They got it all. And then, President’s got you a petty $30 extra in monies that were necessary so the tax to know that was going to be paid for your check, and these Republicans would not be missed. It would cover the by stopping the giveaways to the auto don’t want you to keep that. monies that were supposed to go in to companies, to the investment banks, to That’s not true. We do. But we also, cover Medicare. And so the only way the fat cats, as the President calls at the same time, don’t want Social Se- that money would be missed is that them, that was what I wanted to see. curity not to have the money that it Secretary Geithner would not have And that money would go into the needs. What the President is not tell- been able to give it away and support hands of the people that earned it, and ing people, as he has pitted those who those four-to-one Democrats or Repub- then they would have decided. are working now against our seniors, licans that are executives on Wall We did a survey in our district about and to the one group saying, hey, work- Street and who reside in controlling what people would use their money for. ers, I want you to have that little extra our investment banks. Look at your check. Think about it for 30 bucks in your pay check, and Repub- And that’s a shock to some people 2 months. What would you use it for? licans don’t want you to have it. And when they actually do their research And we weren’t talking about $20, $30, then going to seniors and saying, and find out Wall Street is four-to-one $40, $50, $60 like this President has. We you’ve got to worry about those Repub- Democrat over Republican because were talking about, $2,000 $3,000 $5,000 licans because they’re not going to they’ve been listening to Democratic $6,000. And when people did that, they take care of Social Security, never leaders for years talk about those sorry told us, for example, we’ve got a gas bothering to mention that when he fat-cat Republicans on Wall Street. guzzler, and gas is so high now we can says we’re allowing you to keep this Well, they hadn’t done their research barely pay our gasoline bill, but we’re money in your check now, it means either; or if they had, they would have underwater on our car. We owe more that money will not be in the Social been very disingenuous in so saying. than the car is worth so we can’t afford Security Trust Fund, not even the IOU That money—as I and many others to trade it in. So we’re stuck. will be in the Social Security Trust contended—that was in TARP and was You let us have our money for 2 Fund to take care of our seniors. in the slush fund of the Secretary of months, we’ll buy a new car. And the We were told when this President was the Treasury would have been far bet- people in America would have decided running that he was a uniter, not a di- ter used by those people who earned it, which car companies deserved to be vider. And yet we see in this campaign by just saying you get every dime back bailed out, and they would do that by ploy that working people are being pit- that you were paying in this month deciding which car they would buy. ted against our seniors. We’ve seen and next month. And I also knew pri- And you wouldn’t have had to have an class warfare. In essence, if you see vately in my heart that if we could auto task force secretively meeting in somebody has more than you do, you have that payroll tax holiday, a true the White House and an auto czar and need to want it and go after it. After payroll tax holiday for 2 months—and all those folks breaching the Constitu- all, that basically seems to be the one initially I said a year. tion, breaching bankruptcy law, and common thread running through all But if we could have had that for deciding which dealers got to keep the Occupy Wall Street, Washington, even 2 months, then I knew taxpayers their dealership and which would have all the Occupy groups. across the country would see—many, had them arbitrarily yanked away, We had them come through Wash- most for the first time—just how much only years down the road to find out, ington screaming in the hallways money they were sending for the Fed- oops, we made a mistake on that. Oh, today. It wasn’t enough that they’re eral Government to use, and they well, they’re gone. Too bad. We could trying to disrupt a beautiful park peo- would demand better from their Con- have avoided all that. ple used to enjoy. Why? Because they gress, from their President. They And with all the effort that was un- have no regard for private property. would demand better from the bureau- dertaken to try to shore up the real es- Why? Because they’ve become envious crats in Washington that get to the end tate market, we had people telling us, and jealous. of the year and see they’ve got money look, we got behind on our mortgage I can say that because I’m repeatedly left and rush out and throw it away, payments when gas hit $4 a gallon. You told in the analyses that I have less as- spend it on whatever they can. They let us have the $6,000 we’d get to keep sets than most people. One time I had would have demanded better govern- over 2 months, we’ll catch up on our the least assets of anybody from Texas ment, and they would have gotten it or in Congress. they would have fired everybody at the mortgage. We’ll catch up on the other My wife and I cashed out all our as- next election and gotten better. But we things. You don’t need to have some sets, except our house, so I could run didn’t get a true payroll tax holiday. big financial bailout situation because I was very honored to have a chance we’ll take care of it ourselves if we for Congress, so I could try to make a to explain the concept of a payroll tax have our own money. difference. And I am not jealous of any- holiday when President Obama came to Then again, to know that that would one who has more than me. I thank our Republican Conference back the have been paid for by the TARP God we have a country where people first of the year in 2009. As I explained money, and Social Security would not can be entrepreneurs. And I’ve accept- to him, this is immediate; it imme- have been hurt. They would have got- ed that as a role I can play in helping diately helps the economy. Moody’s ten all the tax money that would have try to do that. said the tax holiday idea—a true tax come in. It would have just come from So it breaks my heart when I see a holiday, not this bastardization of TARP, instead of the individual tax- President dividing America with class one—the true tax holiday would have payers. And to know that Medicare warfare, encouraging envy and jeal- increased the 1-year GDP more than would not have been hurt, because that ousy. You ought to want what they any other proposal, more than any money would have gone directly into have and demand that you get theirs. other Democratic proposal or any Medicare, not from the taxpayer for 2 Leaders coming out and saying they other Republican proposal. And as I ex- months, but from TARP. That would fully embrace the Occupy movement, plained to the President, we pass this have been the right thing to do. it’s a great thing, when even the Oc- and you sign it—and if you just say you If you really want a stimulus, let the cupy folks can’t explain anything other are willing to sign it, we would get it people that earned it spend it. They’ll than they hate the people that got passed. If you sign it on a Thursday, know better than the people here in more than they do. then on Friday all of that money, all of Washington did. Then there’s a report—I don’t often the income tax, Social Security, Medi- And it didn’t pass. And President cite CNBC, but cnbc.com, more Ameri- care tax, all of that will be in the Obama has chosen to take the name cans are going abroad for economic op- check of the person that owned it. ‘‘payroll tax holiday’’ that I was using portunities. It says that the State De- 3 years ago and use it for a 2 percent partment now estimates that 6.3 mil- b 1740 tax. Why? Because it will look good for lion Americans are studying or work- It doesn’t have to go through Wash- the election. Why? Because it looks to ing abroad, the highest number on ington, and Washington take its cut be so grand because, see, you can tell record.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.082 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8178 CONGRESSIONAL RECORD — HOUSE December 6, 2011 We’re told that 70 percent of Ameri- airmen—we had not given them the go- intentional disregard for the future of cans, adults, believe that their children ahead to win that war. We had tied our children and one day their children will not have as much opportunity and their hands. and one day their children, complete freedom as they’ve had. That’s why I When I hear some people say we disregard, we want to spend it on our- ran for Congress. That should not hap- ought to remember the lessons from selves now. pen. We can change that. Vietnam—and then it turns out they It’s time to tell Greece, to tell every- But I’m mystified when I think about didn’t get the lesson. The lesson is that one, let’s hold hands and do this to- the record spending in 2007 that was unless you are willing to commit 100 gether, not jump over the cliff by followed by additional record spending percent of the resources and give the spending good money after bad. Let’s in 2008, under the guidance of Speaker rules of engagement that allow our do it by not spending money we don’t PELOSI and Leader REID, because we military to win, they should never be have. And there’s no way a country know all spending originates in Con- sent. It is outrageous to have our mili- would not be upgraded when S&P and gress. This is where budgets are passed. tary in foreign countries with rules of the world see, these people are really It’s where appropriations are passed. If engagement that don’t allow them to serious about not spending more than money is appropriated, it has to be ap- adequately protect themselves. That’s they have coming in. propriated from here. the lesson that should have been This is a brave country. They know In 2007, 2008, I never heard anybody, learned from Vietnam. We could have how to make commitments. And that Democrat or Republican, complain won the war. would get us back to having true free- SAM JOHNSON can tell you, the lead- that those budgets didn’t spend enough dom and not having the American citi- ers in Hanoi, as the POWs were taken money, each year going beyond what zens have to come begging to Congress, out, one was laughing: You stupid we had spent the year before. And so, Please, please, throw us more morsels. Americans. If you had just bombed us then to have a new President come in Instead, Congress would be a body that one more week—like the 2 weeks they in 2009, and with Speaker PELOSI and inspired greatness and inspired poten- had before—we would have had to sur- Leader REID still at the reins, jump up tial again and wouldn’t lure young render unconditionally. They could spending an extra trillion dollars, and women into the rut of having children have done that years before, saved then come before Congress and the out of wedlock because they’re bored thousands and thousands of American country and say, look, you’re just with high school. It would, instead, lives in Vietnam, but we didn’t commit going to have to raise taxes to get up give them incentives and encourage- to win it. to where this extra trillion dollars is ment: Reach your potential; finish high We shouldn’t send anybody anywhere that I’ve already spent. school; go to college. Why couldn’t we just say, Nobody unless we’re committed to win. It costs complained in 2007 or 2008 about too lit- too much money. But even more than Let’s have incentives not to stay out tle money being spent. Let’s go back to that, it costs the greatest American of work. Let’s have incentives to get the Pelosi-Reid budget that was so treasure, and that’s American lives. back to work. Let’s have incentives to much more than the Republican budg- We are in an economic crisis; and as sell our products around the world. ets of 2005 and 2006. We’ll go back to Peter Marshall as chaplain of the U.S. You do that by decreasing the tariff those. It means we drop $1 trillion in Senate prayed in the 1940s: What we that we put on American-made goods spending. Boom, there you go. We call crises, God sees as opportunities. by every American company. That didn’t a need a supercommittee. There It turns out, those of us in the House, would help get us on the road back to you are. those of us in the Senate, even the financial independence. Another easy solution that isn’t President, have an incredible oppor- One other thing: When you have been talked about enough, but this House tunity. We’ll never be called the great- blessed as the greatest country in the voted to cut our own legislative budget est generation; but 100 years from now, world when it comes to having your 5 percent last year and 6.4 percent the if we bring spending down under con- own energy, we ought to use it. We year we’re in. That amount of money, trol, people can look back and say: have it. We’ve been blessed with it. It’s though significant to most of us, is a Wow, they had about 60 years, 65 years time to use it. And I would humbly drop in the bucket when you look at of uncontrolled spending. It grew and suggest that this President get out of the overall Federal budget. And the grew and grew. And the people that the way, stop preventing us from using way that that should be used to make were in government then did some- our own energy, and allow us to be- a difference is for this House, since thing that most have never been able come an independent and great Nation we’ve done it to ourselves, now having to do when they get to that point, again. the moral authority to say to every when nearly 50 percent are getting With that, Madam Speaker, I yield Federal department, every agency, we more back than they are paying in. back the balance of my time. cut ourselves 5 percent last year, They were able to restrain their spend- you’re cutting yourself 5 percent next ing, get control of their financial des- f year. tiny, and we got another 200 years of the greatest Nation in history. COMMUNICATION FROM THE b 1750 The other is possible. They could CLERK OF THE HOUSE And the year after that, since we’ve look back and say: Wow, the United already done it, you’re cutting yourself States followed the tried-and-true path The SPEAKER pro tempore laid be- another 6.4 percent; an 11 percent cut. to the dustbin of history. They spent fore the House the following commu- And there you are. We didn’t need a more than they had. People found that nication from the Clerk of the House of supercommittee. You’ve got your cuts. they could get Congress to vote them Representatives: I am so grateful to Chairman PAUL money out of the Treasury. And once OFFICE OF THE CLERK, RYAN. We had a good discussion back again, that socialist concept failed, and HOUSE OF REPRESENTATIVES, in July. Since he’s been in Congress the Nation failed. The Nation that pro- Washington, DC, December 6, 2011. like I have, the four terms I have been vided for that brief time of Camelot, a Hon. JOHN A. BOEHNER, in Congress, each time I filed a zero- time of hope, relative peace, evolving The Speaker, U.S. Capitol, House of Representa- baseline budget bill that says no more toward more perfect freedom, was lost tives, Washington, DC. automatic increases for every Depart- because of financial irresponsibility. DEAR MR. SPEAKER: Pursuant to the per- ment. No automatic increases. It ought People have heard me so many times mission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- to be an easy concept. quote Ben Franklin. But it’s easy to tives, the Clerk received the following mes- But we’re living under the rules that see from Proverbs, it’s easy to see from sage from the Secretary of the Senate on De- were established for CBO back in 1974, speeches of people like Ben Franklin, cember 6, 2011 at 2:04 p.m.: a very, very liberal Congress that our problem is a selfish problem—any- That the Senate passed S. 384. ended our participation in Southeast time we spend more money than we With best wishes, I am Asia. We should have ended it because have with complete and utter dis- Sincerely, we had not given our soldiers, sailors, regard, gross negligent disregard, even KAREN L. HAAS.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.084 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8179 b 1800 average, from middle class families went in one store. I kept looking at la- THE AMERICAN ECONOMY who would spend those dollars in help- bels, and it was China, China, China; ing to propel economic growth? and I’d put them back on the shelf. It The SPEAKER pro tempore. Under I can guarantee you that at firms was actually staggering what percent- the Speaker’s announced policy of Jan- that I represent, like Chrysler, Jeep, age of those goods—a majority of the uary 5, 2011, the gentlewoman from Fiat, that the Wrangler, that the Cher- goods on the shelves—were actually Ohio (Ms. KAPTUR) is recognized for 60 okee, that the Liberty are selling very made someplace else. I made a point of minutes as the designee of the minor- well and that General Motors’ Cruze going to a craft fair in our region and ity leader. vehicle, which is largely a northern was able to buy several Christmas gifts Ms. KAPTUR. I thank you very Ohio-made car, is selling like hotcakes that were handmade. I felt really good much, Madam Speaker. because people are able to make those about that because I knew that those I am very pleased to join my col- monthly payments. So that particular were people who had taken their artis- leagues this evening, including JOHN part of the discussion here in Wash- tic abilities and that they had created GARAMENDI of California, to talk a lit- ington makes such eminent sense. tableware, table linens and other tle bit about the standoff that appears Why in the world would you want to items. There was jewelry that was to be happening in discussions between penalize middle class families because handmade. I knew the profits would the Senate and the House and the you want to just take care of the top 1 benefit those families and that they seemingly irresolvable issue of whether percent? It simply isn’t fair. It simply would go to the communities that they or not average American families are isn’t fair. came from. It shouldn’t be so hard to going to be able to maintain a tax ben- It would seem to me, in the holiday find ‘‘made in the USA’’ goods on the efit on their payroll tax deduction re- spirit, that the tax-writing committees shelves of our major retailers. lating to Social Security contributions of both Chambers should get together So I would just urge our citizens— for the average family, which is about and figure out a solution that is fair to and I know sometimes it’s hard—as $1,000 a year; or whether that money is all families. It’s pretty clear to me you’re doing your holiday shopping to going to be taken away from them and, what that is, and it’s pretty clear to really try to look for that label ‘‘made instead, tax breaks given to multi- me that with corporate profits at all- in the USA’’ and to help your own com- millionaires and billionaires in our time highs and with those who run munity. Find small businesses and find country. these corporations and sit on their products in your community that are It appears that the Republican Party boards that they have been doing quite made here so that those dollars recir- is quite averse to having everybody in well, thank you, and it’s time for them culate over and over and over again this country pay their fair share, so I to do something for the Republic. and so they help to build the real just want to go on record as saying, at It’s not that big a deal. Who is going wealth of our Nation that made Amer- this point in our economic recovery, to miss an eighth home or a seventh ica great. nothing could be more important than yacht? But the average family is hav- I would urge you to look at candy- keeping that tax benefit in the hands ing trouble meeting its credit card makers in your region, at those who and pockets of America’s families. debt, paying its children’s bills, having are making cookies, at those who are They’re the ones who actually take enough, as prices go up, to pay for food small entrepreneurs of different kinds, those dollars every month and buy es- on the table, and taking care of elderly making scarves. I was able to go to one sentials, not extravagant purchases. relatives sometimes who need extra potter in our region, and I ordered sev- They make their car payments if medications. eral items for this holiday season. they’re fortunate enough to have cars; So I would urge those in both Cham- That’s a local artist who has her own they buy enough food for their fami- bers who are on these budget and tax- shop and makes her own goods right lies; they buy clothing; my golly, dur- writing committees to spend the time there. She exports out of that shop, and ing the holiday season, they might that’s necessary and not burden the I know that that’s going to help our re- even be able to buy a little bit extra— American people with unnecessary gion grow. So we can do a lot in our something special—for their holiday delay. Instead, give the economy the own lives and in the way that we spend dinners; and they pay down some of the boost that it needs by maintaining the those precious dollars to really help job debt their kids have in trying to pay middle class payroll tax cut and by creation in our regions, in our country, their college or after-high school train- making those in the top 1 percent pay at a time when we really need it. ing bills. their fair share. I see that some of our other col- It’s really amazing to me that in the Many, many years ago, they paid a leagues have joined us here on the richest and most powerful country in lot more percentage-wise than they do floor. I want to thank Congressman the world that we continue to have this today, and we had lots of job creation PAUL TONKO of the great State of New tremendous friction here in the Con- in this country. It simply eludes me York for joining us this evening. He is gress to do something that is so rea- why those at the very top of the in- such an outstanding and really relent- sonable—that is just so eminently rea- come scale, who have taken most of less voice on job creation and economic sonable—and would contribute to eco- the benefit of growth in the last 20 recovery in our country. nomic growth. We know that consumer years and who are doing so well, are so Mr. TONKO. I thank the gentle- spending is the most powerful instru- averse to helping our country and to woman from Ohio. Thank you very ment to help lift this economy out of making sure that everyone has a much for kicking us off on a wonderful its doldrums. chance to prosper because, when every- hour of discussion as to a plan to revi- We see the automotive industry re- one prospers, so does the top 1 percent. talize our economy and to grow the op- cover, this industry that the Obama That’s where this consumer spending portunities for our working families administration and certain Members of injection from the middle class payroll across this country. this Congress worked so hard to fight tax cut plays such a significant role in President Obama has ushered forward for the recovery of; and we got more the economy. a wonderful package called the Amer- signs of that today in Ohio with a won- Now, as we buy for the holiday sea- ican Jobs Act that will enable us as an derful announcement by Ford that it is son, nothing could be more important American society to respond to the cri- moving its truck line from Mexico than buying ‘‘made in the USA’’ goods. sis for jobs and to the crisis for eco- back up to Avon Lake, Ohio, and that Why is that important? It’s important nomic recovery, all of which are in- it’s making over a $128 million invest- because, when you see that label, credibly valuable to the future of this ment there. We see car sales increas- ‘‘made in the USA,’’ you know that country. ing, and that’s because people have those dollars flow back to that com- spendable income. pany and to those workers and that b 1810 So why at this point in our history you actually help build wealth in this We need to invest, I believe, in a way would you want to allow those who country. that allows us to provide the tools that have the most not to pay their fair Last weekend, when we were doing are essential for a modern-day econ- share and take away $1,000 a year, on some shopping for the holidays, we omy and modern-day manufacturing.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.086 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8180 CONGRESSIONAL RECORD — HOUSE December 6, 2011 This proposal stands in sharp contrast So, I thank you for bringing the interstate, and ultimately it can be to the work done a decade and a half focus tonight on the floor of the House sold internationally because it’s vacu- ago, a decade ago. of Representatives to what we call in um packed. What was done then is this spending our caucus a progressive agenda for re- And I was thinking about the cre- frenzy that paid for tax cuts for mil- vitalizing the economy, and empha- ativity of this individual American try- lionaires and paid for tax cuts for bil- sizing, underscoring the concept of ing to make it in a very tough econ- lionaires and bought wars in Iraq and making it in the USA, making it in omy. And then a couple of days later I Afghanistan and offered a pharma- America, putting a focus, again, onto was over at a coffee shop in Lakewood, ceutical plan for the Medicare pro- the manufacturing base. Ohio, and I happened to tell the owner gram, all without having a payment I represent a host of communities of that shop—also a woman—that I had mechanism. dubbed mill towns. They were the eco- met this master roaster. And she said And so this spending frenzy, which nomic engine for an industrial revolu- to me, well, you know, Congress- was tremendous, it was a huge bill for tion. They were the epicenters of in- woman, it’s interesting you should say the American public, had been done off vention and innovation that led to this that. I’m trying to bring together all budget and had no funding sources. westward movement that enabled us to these master roasters across the coast. There were no pay-fors, as they are ad- impact not only the growth of this Na- I said, gosh, we have coastal roasters dressed today. tion in favorable measure, but to im- or roaster coastals? But the point was The contrast here with the Presi- pact the quality of life in peoples people were thinking, they were cre- dent’s proposal, with President around the world simply by our spirit ative, they were bringing something Obama’s proposal, is that there is an of pioneer, which is within our DNA to new to the market, beautifully labeled, offering for relief for America’s work- make a difference in the product deliv- an excellent product, and trying to ing families, for her middle class stra- ery, in the quality of life that’s ad- counter these trends. ta, with a payroll tax reduction exten- dressed by that product line. And because small business is located sion, and that enables both employers I’m filled with optimism. I’m filled in our communities, it’s interesting to and employees to realize the savings with optimism if we move to go for- look at the last several years as well, that then allow us to put together a ward in a way that invests in the which conform to the rise of Chinese balanced approach on assisting the eco- American worker, invests in the Amer- imports and other imports into our nomic revitalization of our working ican business, small business, and in- country. And look at the distribution families and middle class, and on pro- vests in our ingenuity and our innova- of income of people in our country. And viding the investments that are essen- tion. what’s happening is what the American tial in going forward, automating our Thank you so much for the discus- people obviously know, which is why manufacturing concepts in providing sion. we need to maintain the payroll tax an inducement for an ideas economy Ms. KAPTUR. Congressman TONKO, I holiday and to make those in the top 1 into the equation of success for this want to thank you so much for coming percent pay their fair share. country. to the floor tonight to again express The divergence between people who That all requires investment. And so your deep and abiding passion for jobs are in the lower income spectrum and as we look at this plan that is very bal- in our country. And I wanted to follow the upper has just exploded. It is just anced and paid for, we know that we on something you said. that before, those who had much and can compete in that global market if This is actually a chart which shows those who had just enough and those we’re given the appropriate revenues to our trade deficit with China. Like your who had little were not so far apart. invest in a modern manufacturing con- community, our communities are just But the gap has just widened to a level cept. Keep in mind, certain sectors loaded with goods that are coming in where the American people know some- were totally avoided by the Bush adhere from China. And if we just look thing is fundamentally wrong, and that ministration. No focus on agriculture, back at the last decade, the enormous the ship of State is very out of balance, no focus on manufacturing, a focus on rise in those goods on our shelves, and that somehow we have to begin to the service sector of the economy, but when you really put the math of it on make sure that all boats are lifted in they are narrowly on the financial a chart, it looks like an avalanche. It this society and not just some boats services. is just crowding all this money—in get lifted. We all know the saga there. We know 2010, over $273 billion of hard-earned And we know that job creation, busi- the scenario all too well, that avoid- American money was actually used to ness growth, business startups, busi- ance of a watchdog, turning our back purchase Chinese goods, and that ness expansion of American-made prod- so that there could be this laissez faire money then went back to, not the ucts are essential; products that can be approach that brought America’s econ- United States, but to China. exported, that can help to close the omy to its knees, and we saw the dis- And you think about the displace- trade gap but also then begin to narrow placement of 8.2 million jobs. ment of production in this country, for the income gap that we see as we allow That was painful and impacted peo- everything from tableware to some- more income to be earned by those who ple in tremendously profound measure, times food products now, and I had an are in the middle class and who are in and people lost their lifetime savings experience over the weekend because I some of the categories of income where through those failures. Housing values like to work with small businesses, and they’re stretching just to make it went down. They plummeted and, I ran into a woman who was blending every day, every week, to put enough again, 8.2 million jobs were lost. coffee, she’s called a master roaster, food on the table. So we have an opportunity, Rep- and her product is called Bea’s Blends, This is really almost un-American. resentative KAPTUR, as you’ve talked Bea’s Blends from Toledo, Ohio. This looks more like an old, stratified about an extension of the payroll tax And she was asking me, I want to ex- society from times past that was very, holiday, we have an opportunity here pand my company but I need a very very undemocratic, places where we to not only provide for savings, for our small loan, and I don’t want to go into wouldn’t want to live, the kinds of families, but for investments in a mod- debt and, oh, gosh, what should I do places that our relatives fled because ern world manufacturing model that next? And I told her I would try to put they couldn’t get enough to eat, be- enables us to, again, utilize the her in touch with the Small Business cause they didn’t have a chance to earn strength of research, the strength of Administration. a fair day’s wage. technology, the strength of ideas that But it was really, when you said the can then bridge into a new threshold of optimism that you have, I’m meeting b 1820 manufacturing opportunities in this companies all the time that are invent- We are joined this evening by Con- Nation, and then, of course, the investing new products—incidentally very gresswoman SHEILA JACKSON LEE from ment in the human infrastructure good products—and trying to counter the great State of Texas, such a hard- where we train and retrain workers for this trend of more imports versus our working and able Member who is such that automated phase that comes in exports. And her product is a product a voice for citizens across our country manufacturing. that can be sold locally, it can be sold and our world every day.

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.088 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8181 We thank you so much for joining us riod. An additional $31.8 billion would happens to be poor watches any family this evening. be generated by increasing fees on member get up and go to work unless Ms. JACKSON LEE of Texas. Con- mortgage lenders paid to Fannie Mae they’re doing illegal activities. gresswoman KAPTUR, thank you for al- and Freddie Mac; and those may have So a solution is we watch the jani- lowing me to join you and to join the to be reviewed by this body, but it is tors in the schools—let’s make sure the distinguished gentleman from New seeking a way to ensure that everyone poor children, pluck them out of the York. We are on the floor often, but it gets a piece. Let me tell you what the pre-K and first grade and sixth grade, is very special to come here tonight as response is. let them do the janitorial work of an I listen to you discussing the issues not The hostage-taking comes when one adult who is providing for his family. only of Make It In America, but some- Senator of our friends on the other side In my day, janitorial work, the sanita- thing you have been on—and, in fact, in the other body, a Republican Sen- tion department, that was good, hard we have known Ohio to be the center ator says: Okay, we don’t want the work for individuals who were pro- point of manufacturing, the center Bush tax cuts to ever expire. That’s viding for their families, and maybe point of production of what we call the their response. they educated a whole generation of raw materials, overlapping with our So I just want to say to my col- children by being a janitor. Or someone friends in the Midwest on steel produc- leagues that the olive branch has been who was housekeeping or someone who tion. We call Ohio the true salt of the extended. If we do not do this, I will was cleaning facilities or office build- earth and the underpinnings of Amer- tell you the GOP will be risking 160 ings. We are not suggesting that these ica’s economy. million Americans who will not be pro- individuals are not looking for greater Again, they are very fortunate to tected and will be subjected to this aspirations. Maybe somebody went and have a Member such as MARCY KAPTUR, massive, if you will, tax increase. If we got a GED or went to a community col- who has never stepped away from the do it, it will give 160 million Americans lege. morality and the moral compass of al- relief. 300,000 people making more than But to suggest that poor children in lowing constituents to work and to $1 million a year will give a little bit of Appalachia, where Robert Kennedy fight for them having the opportunity sacrifice to give a fair shot, a Teddy went and said he saw the worst poverty to work and to create opportunities Roosevelt fair shot, to the American he had ever seen, or in places such as and jobs and manufacturing in Ohio. people of $1,000 to $1,500. inner-city Houston or rural America We thank you. We are joined, of course, Let me speak briefly about the unem- don’t have role models because they by Mr. TONKO, who has never wavered ployment circumstance here. Six mil- are impoverished and the only thing from assisting his constituents, par- lion Americans lost their jobs. And I that they are able to see is illegal ac- ticularly facing the hurricane they want to speak briefly, and I want to tivity is an insult to the American had. show this picture of a happy family. spirit and is a reflection on what we I want to join you and pick up the You’ve got manufacturing and I’ve got have come to in this body when we populist chord, if I can. The President the Houston port. We’ve got steve- can’t give to the working class, this went to—I guess he listened to us, lis- dores. Obviously, when the inter- wonderful family that is on the front tened to you and went to Kansas and national economy slows down, what pages of our paper, indicating they’re went to the place where Teddy Roo- happens to the guys who load and un- only in this predicament, they only sevelt, the man with the big stick, load ships? My guy who is in this fam- can’t see daddy go to work because he went. I think we need a big stick ily that’s in need, he’s been off work is a stevedore without work and then around here. I don’t believe in violence, for a month or two months. He’s got getting back surgery, so compounded but if I might just get one quote in these beautiful children and a wife. not because they are poor and in a fam- that I really like: This country suc- They’ve got some medical problems. ily where nobody gets up and goes to ceeds when everyone gets a fair shot, He’s had to have surgery. These are the work. when everyone does their fair share, kinds of people that we are castigating, We’ve got to do better than this. We when everyone plays by the same rules. the salt of the earth in Ohio that had have to take the Teddy Roosevelt spir- This is what we’ve been speaking jobs in manufacturing and were laid off it. I’m glad the President was in Kan- about. This is what the public has been or they were slowed down. sas and has taken on this kind of hard asking us. This is what the coffee This headline says: ‘‘Illness and talk in order to provide for the work- maker or the small businesses have budget cuts fail to diminish family’s ing families of America. been asking for: Give us an even play- good cheer,’’ but they are the recipi- Ms. KAPTUR. I want to thank you so ing field. ents of charitable aid here in Houston, much for bringing this family’s plight I want to briefly speak, as I partici- Texas. And you see their three lovely to light here in the Congress on behalf pate in this Special Order, on one or children. If this gentleman does not get of all of America’s families who are two points, and that is these go hand in unemployment, if, for example, he con- suffering at this holiday season. hand. tinues to be laid off, then we are talk- Isn’t it an indictment on the legisla- We know there are people who are ing about a family that is not on public tive branch of this country at the na- unemployed. We know there are work- assistance. We are talking about a fam- tional level that when people need un- ing people who will benefit from the ily that in fact worked, which is what employment benefits, we have to run extension of the payroll tax cut. We unemployment insurance is, car insur- out the clock right to the bitter end, also know that we have great respect ance, fire insurance. They worked, and right to the bitter end for benefits that for our colleagues, but that we have they’ve come upon hard times. New have been earned—earned. not been tending to the people’s busi- Yorkers worked, and they’ve come In church on Sunday, a couple came ness for the last 3 weeks. We have been upon hard times. Californians worked, up to me and the husband asked: Con- passing legislation which has been job and they’ve come upon hard times, as gresswoman, if you know of any other killers. We could have had a reasonable have those in Ohio. So I would just, in jobs, please let me know. What’s going discussion on how we get to a point. the spirit of bipartisanship, say to my to happen with unemployment bene- And I don’t mind doing things in a bi- good friends, find a way to repay the fits? This was a family that obviously partisan way. I’ve never seen you re- American workers who have come upon needed help, a family that had spent ject bipartisanship. I have never seen hard times, the children who have their entire life, the man and wife, Mr. TONKO reject bipartisanship, or Mr. watched their parents get up every day both working. GARAMENDI do so. We are eager to move and work. this country forward. Here is my swan song on this point. I b 1830 I’m going to give the other body a wanted to show this picture because I He didn’t want to ask about the un- compliment because I know they were have been plagued over the weekend by employment benefits; but he knew that stuck on the plan of the payroll tax, the words of one of our national figures for that family, maybe it was all that but I kind of like the idea of a 1.9 per- who indicated that poor children have would be there in the near term. cent surtax applied in 2013—not even in no role models; no one in the poor com- I’ll give you a couple of figures I 2012—to millionaires over a 10-year pe- munities ever goes to work; no one who would like to put on the record this

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.090 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8182 CONGRESSIONAL RECORD — HOUSE December 6, 2011 evening. One, I called the head of one Ms. JACKSON LEE of Texas. I want I thank the gentlelady for coming of our major railroads the other day to follow up and put two more numbers down tonight. because I was trying to get the word on the record, as you did. You made a Our leader, Congressman JOHN out across my region—not everybody is very valid point that here we are at the GARAMENDI of California, is with us to- plugged into the Internet—that there last minute. You would think that we night. We thank him so much for re- were 4,000 jobs that CSX was offering would be sensitive enough to know serving this Special Order and for the around the country. I wanted to make that families are gathering. Families incredible leadership that he has exhib- sure that people in our region knew want to have a holiday for the chil- ited each and every week that we have that they were available. The chief ex- dren. They’re trying to be the Santa been in session. Just a powerful and ecutive officer of the company said, that they know that the children be- sustaining voice on Making It in Amer- Well, you know, we’ve had 500,000 appli- lieve in. They’re trying to make prep- ica and creating jobs here. cations for 4,000 jobs. arations. Families are trying to find Mr. GARAMENDI. Ms. KAPTUR, The American people want to work. ways to be with loved ones. It may be you’ve gone too far. Thank you so very, It is not that they do not want to gasoline that they may need to drive a very much for picking up. work, as some of our friends on the car. If we don’t do this unemployment Tonight is a very special night for other side infer. No, no. They’re look- insurance, we are poised—unlike if we California. We lit the holiday tree in ing every day. They’re just not finding did it and we get bang for our buck—to front of the Capitol. It was a tree that the jobs that existed in past genera- lose 200,000 jobs. Compound that with came from a community very close to tions. And we know that those jobs not extending the payroll tax cut and where I was raised in California. I was have been displaced by imports from we’d lose 400,000 jobs. That is almost out there with the choir from Summer- places like China. And company after 600,000 jobs. ville High School in Tuolumne County, company that used to be located in our I finish by saying the tragedy of your an area that I represented for some 20 point about China—and I want to make neighborhoods aren’t there anymore. years, and then others around the area. So it’s harder to find jobs. We have to it very clear that we love all people. A beautiful, beautiful tree from the create new jobs. But the new ones We wish the best for the people of Stanislaus National Forest in Cali- aren’t coming on stream fast enough. China. It is the policies, the currencies. fornia. There really is much to celebrate and The level of desire to work in our coun- But not only do we have this in the much to be concerned about in Amer- try is so much higher. Millions more backdrop; we have to fix our own house so that we’re not building a bridge in ica. We are still a very great country. people want to work than there are California that has drawn steel and We’re the strongest, wealthiest place jobs available right now. And so for workers and designers and accountants on this Earth. We have incredible op- many families, unemployment insur- from way across the ocean in China. portunity and potential. I saw it in ance is all that’s left for them. Again, We’ve got to get our house in order. those kids that were singing in front of this Congress is just waiting to the bit- And so 600,000—if the payroll tax cut the Nation’s Capitol this evening. Yet ter moment rather than acting respon- extension doesn’t go forward, we’re los- there’s so much pain, as was pointed sibly to help families who have lit- ing 400,000 jobs. And if unemployment out by you and our colleague from erally built this country and who have insurance doesn’t go forward, we’re los- Houston earlier. a very good work ethic and want to ing 200,000 jobs. Is this the way to wel- Americans care about each other. work. come the most sacred season for many They deeply are concerned about So I want to thank the gentlelady faiths and many families of the year of what’s going on in our communities, from Texas (Ms. JACKSON LEE) for giving, where we teach our children to and they want solutions to the prob- bringing this subject up and putting a give? Is this what we should be doing lem. That’s our task. There’s 435 of us human face on what this unemploy- to the American people? Is this what here and over in the Senate another ment really looks like out in the coun- we should be doing to our soldiers who 100. And, of course, the President. It’s try. If anyone has any doubt, come to will be coming home by the end of De- our task to find the solutions. The Ohio. Come meet these families who cember? I think not. President has put forth a very powerful want to work and are looking every I thank the gentlelady for allowing program called the American Jobs Act. day. me to share these thoughts. I’m only One piece of it has, fortunately, passed. Of course, the way it works, you looking forward to getting our house in It was passed just a few days after Vet- can’t go into a company. They tell you, order and getting our holiday house in erans Day when I guess we were out at Well, we might have a hundred jobs but order and reflecting on the needs of the the parades, and we made promises to apply to us through the Internet. It’s American people and not special inter- take care of the veterans. Fortunately, like you go into this faceless system ests. a piece of legislation did pass. Only one where you can’t really find a human Ms. KAPTUR. I want to thank the part of the American Jobs Act, though being. gentlelady for those very profound there’s much more to do. They’re trying out there in the coun- comments tonight and just place on My colleagues, Ms. KAPTUR, and the try. All the economic figures show us— the record that just in our church last gentlelady from Houston, we’re talking and the last thing I will say here for weekend the priest informed us that about a piece of it. The veterans piece this segment—Mark Zandi from compared to last year he was asking provides employers a very powerful in- Moody’s has classified every single ex- for people to dig deeper because the centive to hire a veteran. A very, very penditure that one can make that gives number of baskets and the number of powerful incentive. You can reduce the economy more than a dollar for ‘‘asks’’ was up well over 125. I think your taxes by $2,600 to hire a veteran every dollar expended. Would you be- just for our church it’s over 360 now for that’s been unemployed; a long-term lieve that if one looks at things like this year. For a small congregation, unemployed veteran, $5,600 reduction unemployment insurance and pay- that’s a bit of a struggle. That’s just in your taxes; and in addition to that, ments to the unemployed, that pro- one place, just one corner in America, the President proposed that if it is a duces the biggest bang to the economy? repeated in 50 States, in every hamlet. veteran who is disabled as a result of Well over $1.35 for every dollar invested I appreciate what the gentlelady said their service, a $9,600 reduction in as opposed to, let’s say, tax credits or about the spirit of this particular sea- taxes. something like that, these arcane tax son of light and of giving and that the provisions, where less than 30 cents is people who are out of work have earned b 1840 actually reinvested in the economy. these benefits. They’re not asking for That’s right off the tax line. So we’ve So unemployment insurance exten- any handout. They’re asking for the in- got to get the message out to employ- sions also make sense for economic surance that they earned as a condi- ers: Hire, put people back to work, the growth at this very tender time be- tion of work in order to help have a veterans. It’s one of the elements the cause the people who receive those ben- merry Christmas and a happy Cha- President has proposed in his American efits spend them on essentials that nukah and very Eid greeting season. Jobs Act. drive the economy. They’re not asking for anything they And you were so powerfully putting I yield to the gentlelady. haven’t earned. forward just a moment ago the issue of

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.092 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8183 the payroll tax deduction. It’s going to the ladder. They don’t feel that that’s surance companies who I know, as a end. There will be a tax increase for within their grasp today. previous insurance commissioner, will every American who is earning up to And it’s not only the injustice here not provide a reasonably priced policy $106,000, a tax increase average of $1,500 that is measured on a chart—and be or benefit to somebody who is 65 be- across this Nation. We want to keep mindful, they don’t reject the notion of cause those are the people that get that tax reduction in place. We Demo- working hard and scoring big, making sick. crats do not want a tax increase on the money. They’re not concerned about Similarly, they have said repeatedly working middle class, no. that. They honor that. What they’re since the 1930s that they want to termi- But again, as was pointed out just a concerned about is the undue influence nate Social Security. We hear that. We moment ago, our Republican friends that the powerful have, those sitting hear the background buzz around this are saying, Well, that’s a good idea, but perched high on the income ladder, the building. They want to terminate So- where are you going to get the money? power they have with the process and cial Security. These are the programs You can’t get the money from those the policy outcomes. And the fact that that give American seniors the dignity whose annual income is more than $1 we would avoid fairness in revenues and the opportunity not only to live a million; $1 million a year annual in- and not invest in the American Dream, good life, but to even live, to stay come, you can’t tax them. That’s not not invest in opportunity, not invest in alive. fair to tax those people. They’re the the prosperity of this Nation is what Mr. TONKO. Let me just talk about a job creators. bothers them. They don’t want to be point of clarification, too, to add to Baloney. They’re not the job creators ignored that way. They want to know that discussion. any more than any other small busi- that a process out there, there’s a gov- On this whole tax fairness, people ness in the community who doesn’t ernment working to create policies have approached me. They’ve said, even come close to having an annual that initiate a comeback, that enable Now, explain to me—because they hear income of $1 million. people to have within their grasp the different scenarios. They were imag- So let’s be fair about this. They’ve American Dream. That’s what they ining that there would be this tax, this had an enormous tax break over the want to know is alive and well here in surcharge on $1.2 million. For instance, last decade. It’s time for them to come Washington. if you’re over that $1 million threshold forward and to share in the burden of And now it’s a fight. It’s a fight for and you have an annual income of $1.2 America and put Americans back to the Democrats in this House to score a million, the people are now reminded work. The American Jobs Act works. victory for the middle class. We want that it’s on that $200,000 over and above Let me now turn to my colleague that victory. We want people to be able the first $1 million upon which the sur- from New York. to know that there’s a fairness out charge is levied. You know, that’s an Well, Ms. KAPTUR, you’re running there. Look at it, $1,800, $1,500, what- important fact that is sometimes lost this operation, so, please. ever your strata would produce as a fa- in the discussion. So now people are Ms. KAPTUR. I am going to yield the vorable outcome is something for saying, Well, wait a minute; so the time to you, Congressman GARAMENDI, them. Month to month they will score first million dollars isn’t taxed. Mr. GARAMENDI. Same tax rate, but I did want to say for the listening some victory here where the essentials, audience that this is a coast-to-coast doesn’t change at all. as Representative KAPTUR labeled Mr. TONKO. Right. And so they’re operation. I’m looking at you from them, are available to them with these saying, Well, whoa, we’ve been California, Congressman TONKO from savings. Contrasted with opportunities flatlined for so long, and this expo- New York, Congresswoman JACKSON that we see here that find this group nential rise for the highest in the in- LEE from Texas, and myself from the that’s rising to the top exponentially come ladder’s outcome. heartland. That’s a pretty broad vari- just won’t share the prosperity in that Mr. GARAMENDI. Surcharge is only ety of opinion from across our country, way. on the amount over $1 million. from very significant States. And I think it’s the avoidance of Mr. TONKO. So now there is more de- Mr. GARAMENDI. I thank my col- sound progressive policy that’s really termination by America’s middle class league from the great State of New the struggle right now. And people are families to have it fixed and done cor- York, picking up the east-west pro- expressing their anger and their frus- rectly. gram once again. tration, and rightfully so, because we And the other thing is, I’m reminded, Mr. TONKO. Representative need to be more fair. every time I go home, by middle class GARAMENDI, thank you again for bring- Mr. GARAMENDI. If I might just in- Americans, modest household incomes, ing us together with this request for a terrupt you, Mr. TONKO. that: We’re job creators. My children Special Order. You mentioned sound progressive needed my attention at home. I opened If Representative KAPTUR could just policies. We’ve all been back home over a childcare in my home. I charge. I take us back to that second chart that Thanksgiving. I’ve talked to a couple have a small business. she shared with us earlier this evening of those people that are on that blue Many small business people tell me, and the measurement or the depiction line way up there, and they’re willing as an idea came to mind, they now of real average after-tax income. to pay a little more for fairness. But I wanted to turn that into a product. Now, you talk about the unfairness also have heard from some who say, They’re small business owners. They’re out there or the inability to go forward well, we can’t do anything until you the engine. They’re connected to the and tax fairly. When you look at that control Medicare. And what do they community. They’re tethered to the graphic, to see the injustice that’s dis- recommend in Medicare? They rec- small community. played just in simple line graph for- ommend extending the age from 65 to Mr. GARAMENDI. Can I interrupt for mat, that flatlining of America’s mid- 67. And I’m going, What sense does that just a second? dle class from 1979 forward, that make? The American Jobs Act, which we’re flatlining contrasted with that steep When you consider that Medicare was trying to push through this Congress to climb upward for those in the upper in- started in 1964, 51 percent of those men get men and women back to work, pro- come brackets tells us the whole story. and women over 65 had no health insur- vides a tax reduction for the employer And people have said across this ance. Today, virtually everyone over 65 on wages less than $50 million. So for country, when I go home to the dis- has health insurance. It’s Medicare. It your childcare provider, for the small trict, people say to me that they’re is one of the solid bedrock programs business person, the carpenter out concerned, they’re upset. They’ve been that keeps people—seniors—from fall- there in the small business, they also taught, rightfully so, they’ve learned ing into poverty. get a 50 percent reduction in their pay- along the way that if you play fair, you Back in 1964, 30 percent of the seniors roll tax. So instead of 6.2, it goes to 3.1. roll up your sleeves and you abide by were in poverty. Without Medicare, So this isn’t just for the wage earner. the rules that you should be able to they would be in poverty again today. This is also for the business person. have within your grasp that American And yet our Republican colleagues Mr. TONKO. Exactly. Dream. The American Dream, one that want to terminate Medicare, literally Mr. GARAMENDI. So why don’t they allows for working families to climb turn Medicare over to the private in- support this?

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.094 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE H8184 CONGRESSIONAL RECORD — HOUSE December 6, 2011 Mr. TONKO. You know, this is a which our Republicans like to call Ms. KAPTUR. I was just going to say, statement of underpinning of support ObamaCare. Hey guys, it’s working. very quickly, that sounds to me very for middle class, for working families, It’s working. life-giving, Congressman GARAMENDI. It for small business. It’s the engine You just talked about spendable in- doesn’t sound like there are death pan- that’s making it happen. come. Let’s see here: 2.65 million sen- els. It doesn’t sound anything like iors, because of the Affordable Care some of the opponents were saying b 1850 Act, had an average of $569 additional when that bill was first passed. In fact, Small business, the investment we in their pocket as a result of the dis- seniors have a greater chance to live can make, not only the tax cut we can count drug benefit program. Wow. It now because they can get the medicine provide here, but the investments that was incredible. It actually, the 50 per- they need and they can get the check- are required for the ideas to move cent discount on brand name drugs, ups they need, and to me, that’s very along. We’re in a challenging time. saved $1.5 billion for 2,650,000 seniors. life-affirming. I just wanted to put that We’re there competing in a global Saved $1.5 billion, an average of $569 on the record. economy. We invest in the intellectual per senior. Mr. GARAMENDI. We also know that capacity of this Nation, and how fool- It’s working. It’s working. And also, there are—I don’t know the exact num- ish of us not to take that investment, very interesting, these kinds of statis- ber—I think it’s about 20-some million that product of that investment and tics come across, and normally we ig- young men and women, age 21 to 26, are put it into working order. That’s what nore them. But the annual wellness now back on to health insurance, their we’re asking for here. program, 1,931,927 seniors were able to parents health insurance as a result of Give small business the tools, give take advantage of the annual wellness this law. We’ll pick up that statistic as working class families the opportunity, program that is in the Affordable Care soon as I get my hands on it, but I and we will have a comeback story Act; 24,175,608 seniors took advantage think that’s the number, over 20 mil- that is glorious, and we should be filled of the free service program in the Af- lion. with optimism if we do the things that fordable Care Act. Mr. TONKO. So many of these pro- are so logical, and that polls across So when folks are out there and grams, including the longstanding America, individual polls from all sec- they’re putting down ObamaCare, be Medicare program, are looked at some- tors, all angles, all different groups careful. It’s not a negative. It’s a very, times in dollars and cents and argued that measure, they’re saying this is very strong positive. about how they’re improved or not im- what America wants. And how come And you’ll like this one, Ms. KAPTUR. proved. But sometimes lost in the they can’t get it delivered by their gov- Hang on a second. Ohio. One million, whole discussion is the value added, ernment? let’s see here, 1,864,243 seniors took ad- the whole underpinning of support that They’re speaking to us loud and clear vantage of the affordable care and is offered the senior community. through their opinion surveys. We 50,178 seniors in Ohio took advantage of Prior to the inception of Medicare in want this progressive schedule. We the discount, the drug discount. It’s 1965, families that retired were prob- want this agenda. Make it happen. working. That’s exciting. ably going to see their economic well- We’re trying here as the Democratic This is legislation that we passed being dip precipitously. And what they Caucus in the House of Representa- that’s actually helping the seniors and had here, with the Medicare Founda- the economy by putting money back in tives, Representative KAPTUR, to make tion, was that their economic stability, their pockets, rather than in the pock- it happen, and I think we can if we put their dignity factor, was addressed in ets of the pharmaceutical companies. tremendously strong and powerful our minds to working together in a Ms. KAPTUR. If I could say, Con- very, very bipartisan, bicameral way, ways so that they were able to move gressman GARAMENDI, with those sen- executive branch working with the leg- forward in those retirement years with iors, I know the first place they’re that sense of dignity, with the quality islative branch, vice versa, and making going to spend those extra dollars, a progressive agenda happen. of life, with economic stability. after they pay for food, will be on their These are facts that need to be main- Ms. KAPTUR. If the gentleman grandchildren. And all I hope is that would just yield, I’d like to add that I tained in the front of any discussion; they don’t buy Chinese toys this that to undo Medicare would be a trag- agree with you completely. Every Christmas. I hope they find a way to small business that I walk into tells edy for American families, for our sen- buy little outfits that are made at your iors. And certainly, let’s go forward, as me, MARCY, bring me customers. Cus- local craft fair, or they find ways to we have said, with optimism. Let’s in- tomers are a function of having spend- find candy that’s made by a local firm, able income. vest in Medicare. Let’s invest in Social they find ways to spend those dollars Security, and let’s invest in an eco- There are no more important deci- wisely, because if we do that, if we sions we could make as a country, nomic recovery where we cut where we spend every dollar as wisely as we can, can, belt tighten, but invest where we right now, as we finish the month of we really lift the economy of this coun- must so we can compete effectively. December, than to make sure that mid- try, and we put those dollars back into And to my colleagues on the floor dle class families have spendable in- businesses that actually are con- here tonight, Representative KAPTUR, come by not raising their taxes; middle ducting business on our shores. Representative GARAMENDI, I join with class families, who’ve been holding the Mr. GARAMENDI. Excuse me for get- you in being a powerful voice in pro- line here without real additional spend- ting back into this, but Mr. TONKO gave moting optimism as we go forward, and ing power over the last decade, and to me that look that says what about New wanting to have progressive change. make sure that we extend unemploy- York? 1,410,533 New York seniors were Mr. GARAMENDI. I thank you so ment benefits to those who’ve earned able to get free medical services, and very much. those benefits because that has the 127,691 were able to take advantage of MARCY KAPTUR, thank you for grab- maximum bang inside the economy the 50 percent drug discount. Good for bing the microphone early on. I was when people spend those dollars on ba- you. You voted for that act. I voted for down with that Christmas tree and the sics, on essentials. that act, and I didn’t even talk about lighting ceremony from California. I Those are two practical decisions California. Should I? got here just in time to pick up a cou- from an economic standpoint no ra- Mr. TONKO. You should share it for ple of these issues. tional human being would disagree your home State. We know we can put men and women with. And they contribute to economic Mr. GARAMENDI. Yes. 1,962,809 sen- back to work. We have the tools. The growth. They contribute to keeping us iors in California were able to get free question is whether this House has the on an upward path as we move forward medical services and 139,396 were able will to do so and not increase our def- here in our country after coming out of to take advantage of the 50 percent icit. We can actually do this and not this deep, deep, deep recession. drug discount. $569 average savings for increase the deficit, take people that Mr. GARAMENDI. If I might, Ms. seniors. It’s working. The Affordable are not paying taxes now, put them KAPTUR, a fascinating piece of informa- Care program is working for seniors, back to work. tion came across my desk today, and it and it’s putting money back into our The Affordable Care Act is working. had to do with the Affordable Care Act, economy to grow this economy. And we know that we can continue the

VerDate Mar 15 2010 03:33 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K06DE7.095 H06DEPT1 jbell on DSK7SPTVN1PROD with HOUSE December 6, 2011 CONGRESSIONAL RECORD — HOUSE H8185 unemployment benefits, and there’s a morrow, Wednesday, December 7, 2011, 4155. A letter from the Program Analyst, way of paying for it. You show it there at 10 a.m. for morning-hour debate. Department of Transportation, transmitting the Department’s final rule — Removal of on that. The super wealthy, it’s time f for them to pick up their fair share. Class D Airspace; Willow Grove, PA [Docket Thank you so very much for this EXECUTIVE COMMUNICATIONS, No.: FAA-2011-0355; Airspace Docket No. 11- AEA-8] received November 21, 2011, pursuant wonderful evening and telling the story ETC. Under clause 2 of rule XIV, executive to 5 U.S.C. 801(a)(1)(A); to the Committee on of the prosperous America that we can Transportation and Infrastructure. have once again. This is America. This communications were taken from the Speaker’s table and referred as follows: 4156. A letter from the Program Analyst, is a great country. We have within our Department of Transportation, transmitting 4146. A letter from the Assistant to the power to get back on our feet and to the Department’s final rule — Amendment of Board, Board of Governors of the Federal Re- charge forward, and we really appre- Class E Airspace; Mobridge, SD [Docket No.: serve System, transmitting the System’s ciate all that you’re doing to make FAA-2011-0134; Airspace Docket No. 11-AGL- that happen in the great Midwest and final rule — Resolution Plans Required (RIN: 3064-AD77) received November 15, 2011, pursu- 3] received November 21, 2011, pursuant to 5 in New York and in Houston. ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on Ms. KAPTUR. I really have enjoyed on Financial Services. Transportation and Infrastructure. sharing this hour with Congressman 4147. A letter from the Assistant to the 4157. A letter from the Program Analyst, TONKO of New York and Congressman Board, Board of Governors of the Federal Re- Department of Transportation, transmitting GARAMENDI of California, speaking out serve System, transmitting the System’s the Department’s final rule — Amendment of for 100 percent—the 99 percent that are final rule — Regulations G, O, W, BB, LL, Class E Airspace; El Dorado, KS [Docket No.: often forgotten, the 1 percent that we MM, Rules regarding availability of informa- FAA-2011-0231; Airspace Docket No. 11-ACE- tion, Rules of Procedure, Rules of Practice 4] received November 21, 2011, pursuant to 5 don’t forget but know that your patri- for hearings, and Post-employment restric- otism really will come to shine in this U.S.C. 801(a)(1)(A); to the Committee on tions for senior examiners [Docket No.: R- Transportation and Infrastructure. holiday season—and to urge our col- 1429] (RIN No.: 7100 AD-80) received Novem- 4158. A letter from the Regulatory Ombuds- leagues in the House and Senate to do ber 15, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); what’s right, to make the decisions on to the Committee on Financial Services. man, Department of Transportation, transmitting the Department’s final rule — Com- extending the payroll tax holiday for 4148. A letter from the General Counsel, National Credit Union Administration, mercial Driver’s License Information Sys- the middle class, making sure we ex- tem State Procedures Manual, Release 5.2.0 tend unemployment benefits which are transmitting the Administration’s final rule — Remittance Transfers (RIN: 3133-AD94) re- [Docket No.: FMCSA-2011-0039] (RIN: 2126- earned benefits, and that we stand up ceived November 15, 2011, pursuant to 5 AB33) received November 10, 2011, pursuant for all of America because we’re all in U.S.C. 801(a)(1)(A); to the Committee on Fi- to 5 U.S.C. 801(a)(1)(A); to the Committee on this together. nancial Services. Transportation and Infrastructure. I thank my colleagues very much, 4149. A letter from the Assistant Secretary 4159. A letter from the Deputy Assistant the listening audience, and those who for Export Administration, Department of General Counsel for the Office of Aviation are out there helping us to move the Commerce, transmitting the Department’s Enforcement and Proceedings, Department ship of state in a direction so that we final rule — Addition of Certain Persons to of Transportation, transmitting the Depart- the Entity List; and Implementation of Enti- ment’s final rule — Enhancing Airline Pas- create jobs in this country and we keep ty List Annual Review Changes [Docket No.: this economy on an upward roll. senger Protections: Limited Delay of Effec- 110930606-1640-01] (RIN: 0694-AF40) received tive Date for Certain Provisions [Docket No.: Mr. GARAMENDI. It’s for the 99 per- November 18, 2011, pursuant to 5 U.S.C. cent. DOT-OST-2010-0140] (RIN: 2105-AD92) received 801(a)(1)(A); to the Committee on Foreign Af- November 10, 2011, pursuant to 5 U.S.C. Ms. KAPTUR. For the 99 percent as fairs. 801(a)(1)(A); to the Committee on Transpor- 4150. A letter from the Chief Acquisition well. tation and Infrastructure. Mr. GARAMENDI. And 100 percent of Officer, General Services Administration, Americans moving forward. transmitting the Administration’s final rule 4160. A letter from the Program Analyst, Ms. KAPTUR. That is right. — Federal Acquisition Regulation; Small Department of Transportation, transmitting Mr. Speaker, I yield back the balance Disadvantaged Business Self-Certification the Department’s final rule — Airworthiness of my time. [FAC 2005-54; FAR Case 2009-019; Item III; Directives; The Boeing Company Model 767 Docket 2010-0108; Sequence 1] (RIN: 9000- Airplanes [Docket No.: FAA-2010-0033; Direc- f AL77) received November 4, 2011, pursuant to torate Identifier 2009-NM-099-AD; Amend- LEAVE OF ABSENCE 5 U.S.C. 801(a)(1)(A); to the Committee on ment 39-16737; AD 2011-14-02] (RIN: 2120-AA64) Oversight and Government Reform. By unanimous consent, leave of ab- received November 3, 2011, pursuant to 5 4151. A letter from the Chief Acquisition U.S.C. 801(a)(1)(A); to the Committee on sence was granted to: Officer, General Services Administration, Transportation and Infrastructure. Mr. MARINO (at the request of Mr. transmitting the Administration’s final rule 4161. A letter from the Program Analyst, CANTOR) for today on account of a fam- — Federal Acquisition Regulation; Notifica- tion of Employee Rights Under the National Department of Transportation, transmitting ily medical emergency. the Department’s final rule — Airworthiness Mr. YOUNG of Florida (at the request Labor Relations Act [FAC 2005-54; FAR Case 2010-006; Item I; Docket 2010-0106; Sequence 1] Directives; Airbus Model A330 B2-1C, A300 of Mr. CANTOR) for today and December B2-203, A300 B2K-3C, A300-B4-103, A300 B4-203, 7 on account of official business. (RIN: 9000-AL76) received November 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and A300 B4-2C Airplanes [Docket No.: FAA- f mittee on Oversight and Government Re- 2011-0000; Directorate Identifier 2007-NM-189- ENROLLED BILL SIGNED form. AD; Amendment 39-16769; AD 2011-17-05] (RIN: 4152. A letter from the Chief, Border Secu- 2120-AA64) received November 3, 2011, pursu- Karen L. Haas, Clerk of the House, rity Regulations Branch, Department of ant to 5 U.S.C. 801(a)(1)(A); to the Committee reported and found truly enrolled a bill Homeland Security, transmitting the De- on Transportation and Infrastructure. of the House of the following title, partment’s final rule — Civil Monetary Pen- 4162. A letter from the Program Analyst, which was thereupon signed by the alties Inflation Adjustment [CBP Dec. No. Department of Transportation, transmitting Speaker: 11-23] (RIN: 1651-AA91) received November 21, the Department’s final rule — Airworthiness H.R. 2192. An act to exempt for an addi- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; Aviointeriors S.p.a. Passenger tional 4-year period, from the application of Committee on the Judiciary. Seat 12M Series, Installed on but not Lim- the means-test presumption of abuse under 4153. A letter from the Program Analyst, ited to ATR Model ATR42 Airplanes and chapter 7, qualifying members of reserve Department of Transportation, transmitting Model ATR72 Airplanes [Docket No.: FAA- the Department’s final rule — Amendment of components of the Armed Forces and mem- 2011-1000; Directorate Identifier 2011-NM-048- Class D Airspace; Denton, TX [Docket No.: bers of the National Guard who, after Sep- AD; Amendment 39-16828; AD 2011-21-05] (RIN: FAA-2010-1327; Airspace Docket No. 10-ASW- tember 11, 2001, are called to active duty or 2120-AA64) received November 3, 2011, pursu- 19] received November 21, 2011, pursuant to 5 to perform a homeland defense activity for ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on not less than 90 days. on Transportation and Infrastructure. Transportation and Infrastructure. f 4154. A letter from the Program Analyst, 4163. A letter from the Program Analyst, ADJOURNMENT Department of Transportation, transmitting Department of Transportation, transmitting the Department’s final rule — Amendment of the Department’s final rule — Airworthiness Mr. TONKO. Mr. Speaker, I move Class E Airspace; Harrisonville, MO [Docket Directives; Airbus Model A330-243F Airplanes that the House do now adjourn. No.: FAA-2011-0251; Airspace Docket No. 11- Equipped with Rolls Royce Trent 700 Series The motion was agreed to; accord- ACE-5] received November 21, 2011, pursuant Engines [Docket No.: FAA-2011-0999; Direc- ingly (at 7 p.m.), under its previous to 5 U.S.C. 801(a)(1)(A); to the Committee on torate Identifier 2010-NM-235-AD; Amend- order, the House adjourned until to- Transportation and Infrastructure. ment 39-16825; AD 2011-21-02] (RIN: 2120-AA64)

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A bill to reduce the salaries of Directives; Diamond Aircraft Industries 39-16850; AD 2011-21-51] (RIN: 2120-AA64) re- Members of Congress if a Federal budget def- GmbH Airplanes with Supplemental Type ceived November 21, 2011, pursuant to 5 icit exists, prohibit commodities and securi- Certificate (STC) SA03674AT [Docket No.: U.S.C. 801(a)(1)(A); to the Committee on ties trading based on non-public information FAA-2011-0687; Directorate Identifier 2011- Transportation and Infrastructure. relating to Congress, and for other purposes; CE-017-AD; Amendment 39-16833; AD 2011-21- 4173. A letter from the Program Analyst, to the Committee on House Administration, 10] (RIN: 2120-AA64) received November 3, Department of Transportation, transmitting and in addition to the Committees on Over- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule — Airworthiness sight and Government Reform, Agriculture, Committee on Transportation and Infra- Directives; Dowty Propellers Type R212/4-30- Rules, and Financial Services, for a period to structure. 4/22 and R251/4-30-4/49 Propeller Assemblies be subsequently determined by the Speaker, 4165. A letter from the Program Analyst, [Docket No.: FAA-2011-0735; Directorate in each case for consideration of such provi- Department of Transportation, transmitting Identifier 2011-NE-01-AD; Amendment 39- sions as fall within the jurisdiction of the the Department’s final rule — Airworthiness 16807; AD 2011-19-02] (RIN: 2120-AA64) received committee concerned. Directives; BAE SYSTEMS (Operations) November 21, 2011, pursuant to 5 U.S.C. By Mr. TOWNS (for himself and Mr. Limited Model 4101 Airplanes [Docket No.: 801(a)(1)(A); to the Committee on Transpor- GUTIERREZ): FAA-2011-0306; Directorate Identifier 2010- tation and Infrastructure. H.R. 3566. A bill to ensure uniformity and NM-176-AD; Amendment 39-16829; AD 2011-21- 4174. A letter from the Chief, Publications fairness in deficiency judgments arising from 06] (RIN: 2120-AA64) received November 21, and Regulations, Internal Revenue Service, foreclosures on mortgages for single family 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Service’s final rule — 2012 homes; to the Committee on the Judiciary. Committee on Transportation and Infra- Section 1274A CPI Adjustments (Rev. Rul. By Mr. BOUSTANY: structure. 2011-27) received November 18, 2011, pursuant H.R. 3567. A bill to amend title IV of the 4166. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on Social Security Act to require States to im- Department of Transportation, transmitting Ways and Means. plement policies to prevent assistance under the Department’s final rule — Airworthiness 4175. A letter from the Chief, Publications the Temporary Assistance for Needy Fami- and Regulations, Internal Revenue Service, Directives; Empresa Brasileira de lies (TANF) program from being used in strip transmitting the Service’s final rule — Cor- Aeronautica S.A. (EMBRAER) Airplanes clubs, casinos, and liquor stores; to the Com- porate Reorganizations; Allocation of Basis [Docket No.: FAA-2011-0312; Directorate mittee on Ways and Means. in ‘‘All Cash D’’ Reorganizations [TD 9558] Identifier 2010-NM-159-AD; Amendment 39- By Mr. KILDEE (for himself and Ms. (RIN: 1545-BJ21) received November 21, 2011, 16838; AD 2011-21-15] (RIN: 2120-AA64) received MCCOLLUM): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- November 21, 2011, pursuant to 5 U.S.C. H.R. 3568. A bill to improve Indian edu- mittee on Ways and Means. 801(a)(1)(A); to the Committee on Transpor- cation, and for other purposes; to the Com- tation and Infrastructure. f mittee on Education and the Workforce, and 4167. A letter from the Program Analyst, REPORTS OF COMMITTEES ON in addition to the Committees on Ways and Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS Means, and Agriculture, for a period to be the Department’s final rule — Airworthiness subsequently determined by the Speaker, in Directives; Diamond Aircraft Industries Under clause 2 of rule XIII, reports of each case for consideration of such provi- Powered Sailplanes [Docket No.: FAA-2011- committees were delivered to the Clerk sions as fall within the jurisdiction of the 0811; Directorate Identifier 2011-CE-026-AD; for printing and reference to the proper committee concerned. Amendment 39-16839; AD 2011-21-16] (RIN: calendar, as follows: By Mr. BACA: 2120-AA64) received November 21, 2011, pursu- H.R. 3569. A bill to improve Indian edu- Mr. ISSA: Committee on Oversight and ant to 5 U.S.C. 801(a)(1)(A); to the Committee cation, and for other purposes; to the Com- Government Reform. H.R. 3237. A bill to on Transportation and Infrastructure. mittee on Education and the Workforce, and amend the SOAR Act by clarifying the scope 4168. A letter from the Program Analyst, in addition to the Committees on Ways and of coverage of the Act; with an amendment Department of Transportation, transmitting Means, and Agriculture, for a period to be (Rept. 112–315). Referred to the Committee of the Department’s final rule — Airworthiness subsequently determined by the Speaker, in the Whole House on the state of the Union. Directives; Airbus Airplanes [Docket No.: Mr. UPTON: Committee on Energy and each case for consideration of such provi- FAA-2011-0264; Directorate Identifier 2009- Commerce. H.R. 1633. A bill to establish a sions as fall within the jurisdiction of the NM-244-AD; Amendment 39-16837; AD 2011-21- temporary prohibition against revising any committee concerned. 14] (RIN: 2120-AA64) received November 21, national ambient air quality standard appli- By Mrs. CAPPS (for herself, Ms. WOOL- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the cable to coarse particulate matter, to limit SEY, Ms. PINGREE of Maine, and Mr. Committee on Transportation and Infra- Federal regulation of nuisance dust in areas KEATING): structure. in which such dust is regulated under State, H.R. 3570. A bill to promote ocean and 4169. A letter from the Program Analyst, tribal, or local law, and for other purposes; human health and for other purposes; to the Department of Transportation, transmitting with an amendment (Rept. 112–316). Referred Committee on Science, Space, and Tech- the Department’s final rule — Airworthiness to the Committee of the Whole House on the nology, and in addition to the Committee on Directives; Siema Aero Seat Passenger Seat state of the Union. Energy and Commerce, for a period to be Assemblies Installed on Various Transport subsequently determined by the Speaker, in Category Airplanes [Docket No.: FAA-2010- f each case for consideration of such provi- 0040; Directorate Identifier 2008-NM-203-AD; PUBLIC BILLS AND RESOLUTIONS sions as fall within the jurisdiction of the Amendment 39-16831; AD 2011-21-08] (RIN: committee concerned. 2120-AA64) received November 21, 2011, pursu- Under clause 2 of rule XII, public By Ms. CHU: ant to 5 U.S.C. 801(a)(1)(A); to the Committee bills and resolutions of the following H.R. 3571. A bill to direct the Commis- on Transportation and Infrastructure. titles were introduced and severally re- sioner of Internal Revenue to establish a 4170. A letter from the Program Analyst, ferred, as follows: self-employment tax initiative grant pro- Department of Transportation, transmitting By Mr. BILIRAKIS (for himself and Ms. gram, and for other purposes; to the Com- the Department’s final rule — Airworthiness RICHARDSON): mittee on Ways and Means, and in addition Directives; Airbus Model A330 B4-103, B4-203, H.R. 3563. A bill to amend the Homeland to the Committee on Financial Services, for and B4-2C Airplanes [Docket No.: FAA-2011- Security Act of 2002 to direct the Secretary a period to be subsequently determined by 0478; Directorate Identifier 2010-NM-138-AD; of Homeland Security to modernize and im- the Speaker, in each case for consideration Amendment 39-16832; AD 2011-21-09] (RIN: plement the national integrated public alert of such provisions as fall within the jurisdic- 2120-AA64) received November 21, 2011, pursu- and warning system to disseminate home- tion of the committee concerned. ant to 5 U.S.C. 801(a)(1)(A); to the Committee land security information and other informa- By Mr. CONNOLLY of Virginia: on Transportation and Infrastructure. tion, and for other purposes; to the Com- H.R. 3572. A bill to permit the televising of 4171. A letter from the Program Analyst, mittee on Homeland Security, and in addi- Supreme Court proceedings; to the Com- Department of Transportation, transmitting tion to the Committee on Transportation mittee on the Judiciary. the Department’s final rule — Airworthiness and Infrastructure, for a period to be subse- By Ms. MOORE (for herself, Mrs. Directives; Bombardier, Inc. Airplanes quently determined by the Speaker, in each CHRISTENSEN, Mr. CLEAVER, Mr. CON- [Docket No.: FAA-2011-0564; Directorate case for consideration of such provisions as YERS, Mr. DAVIS of Illinois, Mr. JACK- Identifier 2011-NM-021-AD; Amendment 39- fall within the jurisdiction of the committee SON of Illinois, Ms. NORTON, Mr. 16830; AD 2011-21-07] (RIN: 2120-AA64) received concerned. STARK, Mr. THOMPSON of Mississippi, November 21, 2011, pursuant to 5 U.S.C. By Mr. RANGEL: Mr. TOWNS, and Ms. WATERS): 801(a)(1)(A); to the Committee on Transpor- H.R. 3564. A bill to repeal the requirements H.R. 3573. A bill to reauthorize and amend tation and Infrastructure. under the United States Housing Act of 1937 the program of block grants to States for

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temporary assistance for needy families and of law; nor deny to any person within its ju- H.R. 376: Mr. TOWNS and Mr. HANNA. related programs; to the Committee on Ways risdiction the equal protection of the laws. H.R. 389: Mr. POSEY. and Means, and in addition to the Committee ****. H.R. 452: Mr. NUGENT, Mr. GIBBS, and Mr. on Oversight and Government Reform, for a By Mr. FLORES: COURTNEY. period to be subsequently determined by the H.R. 3565. H.R. 459: Mr. PAULSEN. Speaker, in each case for consideration of Congress has the power to enact this legis- H.R. 507: Mr. DOLD and Ms. CASTOR of Flor- such provisions as fall within the jurisdic- lation pursuant to the following: ida. tion of the committee concerned. Article 1, Section 6; and Article 1, Section H.R. 721: Mrs. ELLMERS, Mr. MEEHAN, Mr. By Mr. REED (for himself, Mr. GIBSON, 8 RIBBLE, Mr. DIAZ-BALART, Mr. FITZPATRICK, Mr. HIGGINS, Mr. HANNA, Ms. SLAUGH- By Mr. TOWNS: Mr. BERMAN, Mr. GARDNER, and Mr. OLSON. TER, Mr. KING of New York, Mr. H.R. 3566. H.R. 835: Mr. MURPHY of Connecticut and GRIMM, Mr. HINCHEY, Ms. BUERKLE, Congress has the power to enact this legis- Mr. PALLONE. Mr. TONKO, Mr. OWENS, Ms. HOCHUL, lation pursuant to the following: H.R. 860: Mr. DUFFY, Mr. FLAKE, Mr. KIND, Mr. ENGEL, and Mr. ALTMIRE): This Bill is enacted pursuant to Article I, Mr. CLARKE of Michigan, Mr. SCOTT of Vir- H.R. 3574. A bill to revise the formula for Section 8, Clause 3 of the United States Con- ginia, Ms. HAHN, Mr. PITTS, Mr. CARSON of allocating funding to States under the Low- stitution. This provision grants Congress the Indiana, Mr. RIBBLE, Mr. WOMACK, Mr. ALT- Income Home Energy Assistance Act of 1981; power to regulate Commerce with foreign MIRE, Mr. RIVERA, Mr. LUJA´ N, and Mr. to the Committee on Energy and Commerce, Nations, and among the several States and THOMPSON of California. and in addition to the Committee on Edu- with the Indian Tribes. H.R. 873: Mr. NADLER. cation and the Workforce, for a period to be By Mr. BOUSTANY: H.R. 998: Ms. HAHN and Mr. DINGELL. subsequently determined by the Speaker, in H.R. 3567. H.R. 1148: Mr. COSTA, Ms. SCHAKOWSKY, Ms. each case for consideration of such provi- Congress has the power to enact this legis- HAHN, Mr. LEWIS of Georgia, Mr. ALEXANDER, sions as fall within the jurisdiction of the lation pursuant to the following: Ms. RICHARDSON, Mr. OLVER, Mr. MURPHY of committee concerned. Article I, Section 8, Clause 1 of the United Connecticut, Mr. CAPUANO, Mr. CUELLAR, Mr. By Mr. ELLISON: States Constitution, to ‘‘provide for the com- RANGEL, Mr. SMITH of New Jersey, Mr. H.J. Res. 92. A joint resolution proposing mon Defence and general Welfare of the WELCH, Mr. FORTENBERRY, Ms. WATERS, Ms. an amendment to the Constitution of the United States.’’ DELAURO, Mr. HINOJOSA, Mr. ROTHMAN of United States relating to the authority of By Mr. KILDEE: New Jersey, Mr. POSEY, Mr. FRELINGHUYSEN, Congress and the States to regulate the dis- H.R. 3568. Mr. COBLE, Mr. WITTMAN, Mr. AL GREEN of bursement of funds for political activity by Congress has the power to enact this legis- Texas, Mr. GEORGE MILLER of California, Mr. for-profit corporations and other for-profit lation pursuant to the following: FLAKE, Mr. PLATTS, and Mr. CARTER. business organizations; to the Committee on Article 1, Section 8: The Congress shall H.R. 1159: Mr. BURTON of Indiana. H.R. 1171: Mr. WAXMAN, Mr. BILBRAY, and the Judiciary. have Power To lay and collect Taxes, Duties, Mr. STARK. By Ms. LORETTA SANCHEZ of Cali- Imposts and Excises, to pay the Debts and H.R. 1179: Mr. BARLETTA. fornia: provide for the common Defense and general H.R. 1191: Mr. PAUL. H. Res. 484. A resolution calling on the Welfare of the United States; but all Duties, H.R. 1206: Mr. OLSON. Government of the Socialist Republic of Imposts and Excises shall be uniform H.R. 1221: Mr. NUNNELEE. Vietnam to respect basic human rights and throughout the United States. By Mr. BACA: H.R. 1350: Mr. JOHNSON of Georgia. cease abusing vague national security provi- H.R. 1370: Mrs. LUMMIS and Mr. BARLETTA. sions such as articles 79 and 88 of the Viet- H.R. 3569. Congress has the power to enact this legis- H.R. 1386: Ms. HAHN, Mr. DIAZ-BALART, Mr. namese penal code which are often the pre- KEATING, Ms. MATSUI, and Mr. HASTINGS of text to arrest and detain citizens who peace- lation pursuant to the following: Article I, Section 8, Clause 3. Florida. fully advocate for religious and political H.R. 1477: Mr. DEUTCH. freedom; to the Committee on Foreign Af- By Mrs. CAPPS: H.R. 3570. H.R. 1505: Mr. MCCAUL. fairs. H.R. 1579: Mr. RYAN of Ohio. Congress has the power to enact this legis- H.R. 1581: Mrs. ADAMS. f lation pursuant to the following: H.R. 1633: Mr. PENCE. Article I, Section 8, Clause 1 H.R. 1639: Mr. ALTMIRE and Mr. ROTHMAN of By Ms. CHU: CONSTITUTIONAL AUTHORITY New Jersey. H.R. 3571. STATEMENT H.R. 1648: Ms. HAHN, Mr. HINOJOSA, Mrs. Congress has the power to enact this legis- LOWEY, Mr. FARR, Mr. GUTIERREZ, and Ms. Pursuant to clause 7 of rule XII of lation pursuant to the following: EDDIE BERNICE JOHNSON of Texas. the Rules of the House of Representa- Pursuant to Article I, Section 8, Clause 3 H.R. 1704: Ms. MCCOLLUM, Mr. CARSON of tives, the following statements are sub- of the Constitution of the United States of Indiana, Mr. DOLD, and Mrs. CAPPS. America, the authority to enact this legisla- mitted regarding the specific powers H.R. 1744: Mr. CONAWAY. granted to Congress in the Constitu- tion rests with the Congress. H.R. 1755: Mr. COURTNEY and Mr. PALLONE. tion to enact the accompanying bill or By Mr. CONNOLLY of Virginia: H.R. 1834: Mr. QUAYLE. H.R. 3572. joint resolution. H.R. 1903: Mr. HINOJOSA and Ms. SCHA- Congress has the power to enact this legis- By Mr. BILIRAKIS: KOWSKY. lation pursuant to the following: H.R. 1968: Mr. COURTNEY. H.R. 3563. The ‘‘necessary and proper’’ clause of Arti- Congress has the power to enact this legis- H.R. 2016: Mr. LOEBSACK. cle 1, Section 8 of the United States Con- H.R. 2028: Ms. BASS of California. lation pursuant to the following: stitution. H.R. 2047: Mr. TURNER of New York, Mr. Article I, section 8, clause 1. By Ms. MOORE: FALEOMAVAEGA, Mr. HIGGINS, Mr. MILLER of The Congress shall have Power to lay and H.R. 3573. Florida, and Mr. CHABOT. collect Taxes, Duties, Imposts and Excises, Congress has the power to enact this legis- H.R. 2051: Mr. RANGEL. to pay the Debts and provide for the common lation pursuant to the following: H.R. 2069: Mr. TOWNS. Defence and general Welfare of the United Clauses 1 and 18 of Section 8 of Article I of H.R. 2093: Mr. FILNER and Ms. WOOLSEY. States; but all Duties, Imposts, and Excises the Constitution H.R. 2108: Mr. DEUTCH. shall be uniform throughout the United By Mr. REED: H.R. 2123: Mr. DENT. States. H.R. 3574. H.R. 2144: Mr. CAPUANO. Article I, Section 8, Clause 18 Congress has the power to enact this legis- H.R. 2151: Mr. THOMPSON of Mississippi. The Congress shall have Power to make all lation pursuant to the following: H.R. 2152: Mr. HINOJOSA. Laws which shall be necessary and proper for Article 1, Section 8, Clause 1 H.R. 2159: Mr. BISHOP of New York. carrying into Execution the forgoing Powers, By Mr. ELLISON: H.R. 2194: Mr. DAVID SCOTT of Georgia. and all other Powers vested by this Constitu- H.J. Res. 92. H.R. 2210: Mr. GRIJALVA. tion in the Government of the United States, Congress has the power to enact this legis- H.R. 2304: Mr. WILSON of South Carolina. or in any Department or Officer thereof. lation pursuant to the following: H.R. 2315: Mr. GRIJALVA. By Mr. RANGEL: Article V H.R. 2376: Ms. SLAUGHTER. H.R. 3564. f H.R. 2412: Mrs. LOWEY. Congress has the power to enact this legis- H.R. 2446: Mr. GRIMM. lation pursuant to the following: ADDITIONAL SPONSORS H.R. 2461: Mr. PIERLUISI and Mr. LOEBSACK. Fourteenth Amendment, Section 5 Under clause 7 of rule XII, sponsors H.R. 2485: Mr. ROE of Tennessee. Section 1: No State shall make or enforce H.R. 2489: Mr. DINGELL, Mr. MCGOVERN, Mr. were added to public bills and resolu- any law which shall abridge the privileges or ISRAEL, and Mr. LANCE. immunities of citizens of the United States; tions as follows: H.R. 2499: Mr. SMITH of New Jersey. nor shall any State deprive any person of H.R. 361: Mr. NUNNELEE, Mr. HECK, and Mr. H.R. 2536: Mr. CARSON of Indiana and Ms. life, liberty, or property, without due process POSEY. CASTOR of Florida.

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H.R. 2541: Mr. DENHAM. H.R. 3245: Mr. GARAMENDI and Mr. ROTH- H.R. 3449: Mr. MICHAUD. H.R. 2595: Mr. COHEN. MAN of New Jersey. H.R. 3454: Mrs. HARTZLER. H.R. 2599: Mr. MCNERNEY, Mr. KINZINGER of H.R. 3269: Mr. SULLIVAN, Mr. BENISHEK, Mr. H.R. 3480: Mr. WALSH of Illinois, Ms. JEN- Illinois, and Mr. HASTINGS of Florida. BILBRAY, Mr. POMPEO, Mr. FLORES, and Mr. KINS, and Mrs. ROBY. H.R. 2607: Ms. HAHN. NUNNELEE. H.R. 3483: Mr. JOHNSON of Illinois, Mr. H.R. 2617: Mr. HINOJOSA. H.R. 3334: Ms. MCCOLLUM. TOWNS, and Mr. KISSELL. H.R. 2672: Ms. JENKINS. H.R. 3362: Mr. ISSA. H.R. 3519: Ms. CHU. H.R. 2697: Mr. RANGEL, Mr. KLINE, and Mr. H.R. 3393: Mr. ROSS of Florida and Mr. H.R. 3521: Mr. PAULSEN. YODER. SOUTHERLAND. H.R. 3541: Mr. CRAVAACK, Mr. CANSECO, Mr. H.R. 3394: Mr. HINCHEY. H.R. 2706: Mr. SOUTHERLAND. KELLY, and Mr. KING of Iowa. ROWLEY H.R. 3400: Mr. LAMBORN, Mrs. BLACKBURN, H.R. 2735: Mr. C . H.R. 3548: Mr. COBLE. H.R. 2742: Ms. LEE of California. Mr. ROSS of Florida, Mr. CAMPBELL, and Mr. H.R. 3550: Mr. ROYCE, Mr. LOEBSACK, and H.R. 2746: Mrs. MALONEY, Mr. RANGEL, and POMPEO. Mr. HUIZENGA of Michigan. Mr. POLIS. H.R. 3421: Mr. KIND, Mr. KEATING, Mrs. H.R. 3551: Mr. HUIZENGA of Michigan. H.R. 2751: Ms. SLAUGHTER, Mr. POLIS, Mr. LOWEY, Mr. PASCRELL, Ms. MCCOLLUM, Mr. H.R. 3556: Mr. CONYERS. RUPPERSBERGER, and Mr. JONES. MCHENRY, Mr. PETRI, Mrs. BONO MACK, Mr. H.J. Res. 69: Mr. DENT. H.R. 2866: Mrs. MCCARTHY of New York. LAMBORN, Mr. BILBRAY, Mr. MEEKS, Mr. GIB- H.J. Res. 78: Ms. HIRONO. H.R. 2885: Mr. BASS of New Hampshire and SON, Mr. HERGER, Mr. WAXMAN, Mr. POMPEO, H.J. Res. 88: Mr. DEFAZIO. Mr. DUNCAN of Tennessee. Mr. ALEXANDER, Mr. CAMPBELL, Mr. H. Con. Res. 72: Mr. ANDREWS. H.R. 2898: Mr. LUCAS. CANSECO, Mr. FRANKS of Arizona, Mr. YOUNG H.R. 2918: Mr. HULTGREN and Mr. POE of of Alaska, Mr. RIVERA, Mr. HARPER, Mr. H. Con. Res. 77: Mr. POE of Texas. Texas. BISHOP of Utah, Mr. HALL, Mr. DAVIS of Ken- H. Con. Res. 85: Mr. DEFAZIO and Mr. RUSH. H.R. 2948: Mr. VAN HOLLEN, Mr. MCGOVERN, tucky, Mr. WALBERG, Mr. SMITH of Texas, H. Res. 25: Mr. OWENS. and Mr. BOSWELL. Ms. ROS-LEHTINEN, Mr. OLSON, Mr. MACK, Mr. H. Res. 111: Mr. CARNAHAN, Mr. H.R. 2966: Mr. RUSH, Ms. ESHOO, Ms. DESJARLAIS, Mr. CARTER, Mr. NUNNELEE, SOUTHERLAND, and Mr. LARSON of Con- SLAUGHTER, and Mr. PALLONE. Mrs. MALONEY, Mr. JORDAN, Mr. LEWIS of necticut. H.R. 3000: Mr. HUIZENGA of Michigan. California, Ms. BUERKLE, and Mr. WEBSTER. H. Res. 184: Mr. NUGENT. H.R. 3059: Ms. MCCOLLUM, Mr. BURTON of H.R. 3423: Mr. CALVERT, Mr. MORAN, Mr. H. Res. 282: Mr. DANIEL E. LUNGREN of Cali- Indiana, and Mr. MULVANEY. LYNCH, Ms. BROWN of Florida, Mr. BENISHEK, fornia. H.R. 3061: Mr. TIERNEY and Mr. CRENSHAW. Mr. AKIN, Mr. SMITH of New Jersey, Mr. FOR- H. Res. 460: Mr. RANGEL and Mr. NUGENT. H.R. 3088: Mr. DOGGETT and Ms. SLAUGH- TENBERRY, Mr. SIRES, and Mr. DAVID SCOTT H. Res. 475: Mr. GOODLATTE, Mr. CANSECO, TER. of Georgia. Mrs. ROBY, and Mr. KING of Iowa. H.R. 3151: Ms. CHU. H.R. 3425: Ms. RICHARDSON and Mr. FILNER. H. Res. 480: Mr. FITZPATRICK, Mr. ROYCE, H.R. 3185: Mr. BERG. H.R. 3432: Mr. CONNOLLY of Virginia. Mr. LANKFORD, and Mr. OLSON. H.R. 3192: Mr. LATHAM. H.R. 3441: Mr. LONG. H. Res. 481: Mr. SMITH of Washington.

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Vol. 157 WASHINGTON, TUESDAY, DECEMBER 6, 2011 No. 186 Senate The Senate met at 10 a.m. and was Mrs. SHAHEEN thereupon assumed MEASURE PLACED ON THE called to order by the Honorable the chair as Acting President pro tem- CALENDAR—S. 1944 JEANNE SHAHEEN, a Senator from the pore. Mr. REID. I understand that S. 1944 is State of New Hampshire. Mr. REID. Madam President, I note at the desk and due for a second read- the absence of a quorum. PRAYER The ACTING PRESIDENT pro tem- ing. The Chaplain, Dr. Barry C. Black, of- pore. The clerk will call the roll. The ACTING PRESIDENT pro tem- fered the following prayer: The legislative clerk proceeded to pore. The clerk will read the bill by Let us pray. call the roll. title for the second time. O God, who has blessed us abundantly Mr. REID. I ask unanimous consent The legislative clerk read as follows: with inner joy and an outer supply of that the order for the quorum call be A bill (S. 1944) to create jobs by providing all good things, we are grateful for rescinded. payroll tax relief for middle-class families Your helping us in our poor attempts The ACTING PRESIDENT pro tem- and businesses, and for other purposes. to do Your will. Lord, forgive the pore. Without objection, it is so or- Mr. REID. I object to any further things that keep us divided, the false dered. pride that leads from unity. Give us a proceedings with respect to this legis- f lation. yearning for a life shaped and sup- RECOGNITION OF THE MAJORITY ported by a will better than our own. The ACTING PRESIDENT pro tem- Guide our Senators during today’s la- LEADER pore. Objection having been heard, the bors. Help them know the strength- The ACTING PRESIDENT pro tem- bill will be placed on the calendar ening joys of Your spirit. Keep them pore. The majority leader is recog- under rule XIV. from being intimidated by the world’s nized. problems and threats, because You f f have overcome the world. SCHEDULE We pray in Your great Name. Amen. Mr. REID. Madam President, fol- RECOGNITION OF THE MINORITY f lowing leader remarks, the Senate will LEADER PLEDGE OF ALLEGIANCE be in a period of morning business until The ACTING PRESIDENT pro tem- The Honorable JEANNE SHAHEEN led 11 a.m. this morning. The majority will pore. The Republican leader is recog- the Pledge of Allegiance as follows: control the first half and the Repub- nized. I pledge allegiance to the Flag of the licans will control the second half. United States of America and to the Repub- ORDER OF PROCEDURE f lic for which it stands, one nation under God, I ask unanimous consent that the indivisible, with liberty and justice for all. order be changed to allow both sides a f PAYROLL TAX EXTENSION half an hour. APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- Mr. MCCONNELL. Madam President, PRESIDENT PRO TEMPORE pore. Without objection, it is so or- yesterday my friend the majority lead- The PRESIDING OFFICER. The dered. er unveiled what he rather clerk will please read a communication Mr. REID. Following morning busi- misleadingly referred to as a com- to the Senate from the President pro ness, the Senate will be in executive promise on the payroll tax. I say it was tempore (Mr. INOUYE). session to consider the nomination of misleading because we had to find out The legislative clerk read the fol- Caitlin Halligan to be a judge for the about it from reporters. lowing letter: District of Columbia Circuit. At noon This was not a compromise. This was U.S. SENATE, there will be a cloture vote. I want to nothing more than another bill de- PRESIDENT PRO TEMPORE, make sure that the consent I asked signed to fail so Democrats can have Washington, DC, December 6, 2011. doesn’t change that at all. There will another week of fun and games on the To the Senate: be a little less time to debate that, but Senate floor while tens of millions of Under the provisions of rule I, paragraph 3, I think it will be sufficient. So at noon working Americans go another week of the Standing Rules of the Senate, I hereby wondering whether they are going to appoint the Honorable JEANNE SHAHEEN a there will be a cloture vote on Senator from the State of New Hampshire, Halligan. see a smaller paycheck at the end of to perform the duties of the Chair. Following the vote, the Senate will the year. DANIEL K. INOUYE, recess until 2:15 this afternoon to allow I have said I support this extension. I President pro tempore. for our weekly caucus meetings. don’t think working Americans should

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

S8345

VerDate Mar 15 2010 02:44 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.000 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8346 CONGRESSIONAL RECORD — SENATE December 6, 2011 have to suffer any more than they al- Protection Bureau should move for- safety and soundness of financial insti- ready are for the President’s failure to ward with a director before addressing tutions. This would help ensure that we turn this jobs crisis around. Unfortu- concerns that have been raised about are not inadvertently causing bank nately, the majority leader has yet to the bureau’s lack of transparency or failures through excessive regulations. introduce legislation that can actually accountability to the American people. Our proposal would do nothing more pass the Senate or the House. One I understand through press reports than give congressional committees a would think if that is one of the Presi- that the President plans to make a big proper level of oversight and account- dent’s top priorities, then the Demo- push for this nominee to the CFPB. Let ability over this new bureau and ensure cratic leader of the Senate would put me tell my colleagues something the that its decisions were subject to the together a proposal that is designed to President hasn’t done when it comes to checks and balances that were meant actually pass. But we haven’t seen it this position: In the 7 months since 44 to be inherent in our system—some- yet. We all know what a successful bill Republicans sent the President a letter thing we owe the American people. would look like. So I hope the majority outlining some very serious and very Everybody supports strong and effec- leader comes forward with a real pro- reasonable concerns about it, he hasn’t tive consumer protection, but the posal soon because time is running out. done a thing to address these con- CFPB, in its current form, cannot It makes absolutely no sense at a mo- cerns—not one thing. If he picked up stand. In its current form, the CFPB ment when 14 million Americans are the phone to talk these issues over could easily be used for political pur- looking for jobs to raise taxes on the with anybody in our conference, I poses at the expense of access to credit, very people we are counting on to cre- haven’t heard about it. If he has put job creation, economic growth, and fi- ate them. That is why the Senate re- some thought into how he could ensure nancial stability. jected the idea last week on a bipar- the perfectly legitimate concerns we What is needed is transparency and tisan basis. raised in that letter are addressed, he accountability. That is all we have Look, the Democrats know as well as hasn’t let us in on the game plan. asked for, and the President has done we do that this is a terrible idea. They Here is what we asked for in that let- nothing to address these concerns. In- have seen the same letters I have. The ter, which has now been signed by 45 stead, he has ignored these perfectly le- National Association of Manufacturers Republican Senators—not 44, 45: All we gitimate concerns, and now he is sud- says this tax hike would seriously im- asked for before we vote to confirm denly making a push to confirm his pair the ability of their members to anybody to run the CFPB—regardless nominee because it fits into some pic- put unemployed Americans back to of their party affiliation, regardless of ture he wants to paint about who the work. The Democrats know as well as I who the President is—are three clear, good guys and the bad guys are in do that four out of five of those who simple, commonsense reforms that Washington. would be hit by this are business own- would make sure this new agency is ac- So once again he has used the Senate ers, people who create jobs. The only countable to the American people. floor this week to stage a little polit- reason—the only reason—we even went No. 1, replace the single director with ical theater. He is setting up a vote he through this exercise is because it ob- a board of directors that would oversee knows will fail so he can show up after- viously polls well. the bureau. Under the deeply flawed ward and say he is shocked. This is So this is what Washington has been Dodd-Frank bill, the Director of the what passes for leadership right now in reduced to: a President and a Senate CFPB, by design, is set to lead one of the White House, and it is truly unfor- who would rather spend their time the least accountable and most power- tunate. doing cheap political theater than giv- ful agencies in Washington. What we Look, we all believe Americans need ing people the certainty they want. are saying is no single person who is access to financial products that are What we need to do is to step back and unaccountable to the American people not rigged against them. We just think realize that the only reason we are should have that much power. We are nobody should be above oversight, in- talking about a one-shot stimulus asking for the same structure as the cluding the overseers. We do not think measure nearly 3 years into this Presi- SEC, the CFTC, the FDIC, the FTC, the a bureau designed to watch Wall Street dency is because of the President’s fail- NLRB, and the Consumer Product should have the ability to squeeze out ure to turn this jobs crisis around. We Safety Commission—the same struc- hiring on Main Street. Frankly, the need to get beyond the temporary fixes ture we use anytime we give unelected President’s refusal to even consider our and start talking about fundamental bureaucrats new powers that need to be calls for oversight and transparency tax reform that puts the American checked to protect against abuse. only serve to deepen our concerns worker in charge of this recovery, not No. 2, subject the bureau to the con- about this agency. So, once again, we Washington. gressional appropriations process. Sub- call on the President to take these con- But for now, it is perfectly clear that ject this new CFPB to the congres- cerns seriously and work with us on the path to an accomplishment on this sional appropriations process. Cur- achieving something positive. issue does not run through tax hikes. rently, the CFPB is housed at the Fed- The fact is the CFPB needs a drastic Yesterday, the President warned Con- eral Reserve and funded through a per- overhaul before any nominee can be gress to keep its word to the American centage of their annual budget, giving confirmed. This will not come as a sur- people and ‘‘don’t raise taxes on them it a funding stream that is completely prise to anybody at the White House, now.’’ I wish to remind my colleagues unique in government, entirely with- and our doors remain open. and the President that the Republican out a check from the American people f plan is the only plan that meets the and making it one of the least trans- NOMINATION OF CAITLIN President’s standard. The President parent agencies in Washington. If one HALLIGAN just warned us: Don’t raise taxes on the likes the level of accountability over American people. The proposal we offer at the Fed, one will love the CFPB. Mr. MCCONNELL. Now, Madam is the only one that meets that stand- A journalist who wanted some infor- President, on yet another topic—there ard. mation about the Fed’s lending prac- are a number of things going on this If our friends are serious about pass- tices recently had to sue to find it out. week—today the Senate will vote on ing this extension of the payroll tax This is information not even Congress the nomination of Caitlin Halligan to cut, they have a choice: We can have could have gotten on its own. the U.S. Court of Appeals for the DC an accomplishment or we can have ad- If my colleagues ask me, the Amer- Circuit. I will be opposing this nomi- ditional partisan show votes. ican people should be getting more nee, and I would like to explain why. f transparency out of this administra- First and foremost is Ms. Halligan’s tion, not less. We don’t need any more record of advocacy for an activist view CONSUMER FINANCIAL unelected, unaccountable czars in of the judiciary and a legal career that PROTECTION BUREAU Washington. leads any reasonable person to con- Mr. MCCONNELL. Madam President, No. 3, we asked for a safety and clude that she would bring that activ- later this week the Senate will vote on soundness check for the prudential fi- ism right on to the court. As I have whether the new Consumer Financial nancial regulators who oversee the said many times before, the proper role

VerDate Mar 15 2010 00:09 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.001 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8347 of a judge is that of an impartial arbi- arguing that pro-life protesters—pro- RESERVATION OF LEADER TIME ter who gives everybody a fair shake testers—had engaged in ‘‘extortion’’ The ACTING PRESIDENT pro tem- under the law as it exists. The role of within the meaning of Federal law. The pore. Under the previous order, the a judge in our system, in other words, Supreme Court roundly rejected this leadership time is reserved. is to determine what the law says not theory 8 to 1. f what they or anybody else wants it to On immigration: Ms. Halligan chose say. Yet looking over Ms. Halligan’s to file an amicus brief in the Supreme MORNING BUSINESS record, it is pretty clear she does not Court arguing that the National Labor The ACTING PRESIDENT pro tem- share that view. Relations Board should have the legal pore. Under the previous order, the In Ms. Halligan’s view, the courts are authority to grant backpay to illegal not so much a forum for the even- Senate will now be in a period of morn- aliens even though Federal law pro- ing business for 1 hour, with Senators handed application of the law as a hibits illegal aliens from working in place where a judge can work out his or permitted to speak therein for up to 10 the United States in the first place. minutes each, with the time equally di- her own idea of what society should Fortunately, the Court sided with the look like. As she herself once put it: vided and controlled between the two law and disagreed with Ms. Halligan on leaders or their designees, with the ma- The courts are a means to achieve ‘‘so- that legal theory too. cial progress,’’ with judges presumably jority controlling the first half and the The point is that even in cases where writing the script. Republicans controlling the final half. the law is perfectly clear or the courts Well, my own view is that if the f American people want to change the have already spoken, including the Su- law, then they have elected representa- preme Court, Ms. Halligan chose to get EXECUTIVE SESSION tives to do that, and these elected rep- involved anyway, using arguments that resentatives are accountable to them. had already been rejected either by the NOMINATION OF RICHARD This also happens to be how the Found- courts, the legislature or, in the case of CORDRAY TO BE DIRECTOR, BU- ers intended it, and it is what the frivolous claims against gun manufac- REAU OF CONSUMER FINANCIAL American people expect of their judges: turers, by both. In other words, Ms. PROTECTION to be fair, impartial arbiters. But that Halligan has time and time again is not what they would get from a sought to push her own views over and CLOTURE MOTION Judge Halligan. above those of the courts or those of Mr. REID. Madam President, I move So how do we know this? Well, it is the people as reflected in the law. to proceed to executive session to con- true that like many of this President’s Ms. Halligan’s record strongly sug- sider Calendar No. 413, and I send a clo- other judicial nominees, Ms. Halligan gests that she would not view a seat on ture motion to the desk. In fact, it is repudiated President Obama’s own off- the U.S. appeals court as an oppor- at the desk. stated ‘‘empathy standard’’ for choos- tunity to evenhandedly adjudicate dis- The ACTING PRESIDENT pro tem- ing judges and disclaimed an activist putes between parties based on the law pore. The cloture motion having been bent in her confirmation hearings. But but instead as an opportunity to put presented under rule XXII, the Chair her record belies this now familiar con- her thumb on the scale in favor of directs the clerk to read the motion. firmation conversion. whatever individual or group cause in The legislative clerk read as follows: Let’s take a quick look at her record which she happens to believe. CLOTURE MOTION to see what it does suggest about the So, Madam President, we should not kind of judge she would be. We, the undersigned Senators, in accord- be putting these kinds of activists on ance with the provisions of rule XXII of the On the second amendment: As solic- the bench. I have nothing against the Standing Rules of the Senate, do hereby itor general of New York, Ms. Halligan nominee personally. I just believe, as I move to bring to a close debate on the nomi- advanced the dubious legal theory that think most Americans do, that we nation of Richard Cordray, of Ohio, to be Di- those who make firearms should be lia- should be putting people on the bench rector, Bureau of Consumer Financial Pro- ble for third parties who misuse them who are committed to an evenhanded tection: Harry Reid, Joseph I. Lieberman, Jeff criminally. The State court in New interpretation of the law so everyone York rejected the theory, noting it had Bingaman, Patty Murray, Patrick J. who walks into a courtroom knows he never recognized such a novel claim. Leahy, Kent Conrad, Sheldon White- or she will have a fair shake. In my Moreover, the court called what Ms. house, Jack Reed, Benjamin L. Cardin, view, Ms. Halligan is not such a nomi- Barbara Boxer, Al Franken, Max Bau- Halligan wanted it to do to manufac- nee. On the contrary, based on her cus, Richard J. Durbin, Robert Menen- turers of a legal product ‘‘legally inap- record and her past statements, I think dez, Jon Tester, Sherrod Brown, Tom propriate.’’ Harkin, Tim Johnson. So let me say again, the New York she would use the court to put her ac- Mr. REID. Madam President, I ask Appellate Court termed Ms. Halligan’s tivist judicial philosophy into practice, unanimous consent that the manda- activist and novel legal theory to be and for that reason alone she should tory quorum under rule XXII be ‘‘legally inappropriate.’’ The Congress not be confirmed. So I will be voting waived. passed legislation on a wide bipartisan against cloture on this nomination, The ACTING PRESIDENT pro tem- basis to stop these sorts of lawsuits be- and I urge my colleagues to do the pore. Without objection, it is so or- cause they were an abuse of the legal same. process. Undeterred, Ms. Halligan then I yield the floor. dered. chose to file an amicus brief in the Sec- The ACTING PRESIDENT pro tem- f ond Circuit Court of Appeals in another pore. The Senator from Illinois. LEGISLATIVE SESSION frivolous case against firearms manu- Mr. DURBIN. I suggest the absence of facturers. Not surprisingly, she lost a quorum. Mr. REID. Madam President, I now ask unanimous consent that the Sen- that case too. The ACTING PRESIDENT pro tem- ate resume legislative session. What about her views on enemy com- pore. The clerk will call the roll. batants? The ACTING PRESIDENT pro tem- The legislative clerk proceeded to In 2005, the U.S. Supreme Court ruled pore. Without objection, it is so or- call the roll. in Hamdi v. Rumsfeld that the Presi- dered. dent has the legal authority to detain Mr. REID. Mr. President, I ask unan- Mr. REID. I suggest the absence of a as enemy combatants individuals who imous consent that the order for the quorum. are associated with al-Qaida. Yet de- quorum call be rescinded. The ACTING PRESIDENT pro tem- spite this ruling, Ms. Halligan filed an The ACTING PRESIDENT pro tempore. The clerk will call the roll. amicus brief years later—years after pore. Without objection, it is so or- The legislative clerk proceeded to that—arguing that the President did dered. call the roll. not possess this legal authority. Mr. REID. Madam President, would Mr. DURBIN. Madam President, I ask On abortion: Ms. Halligan filed an the Chair announce morning business, unanimous consent that the order for amicus brief in the U.S. Supreme Court please. the quorum call be rescinded.

VerDate Mar 15 2010 02:44 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.003 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8348 CONGRESSIONAL RECORD — SENATE December 6, 2011 The ACTING PRESIDENT pro tem- trict attorneys who ever served in this consideration and our country will suf- pore. Without objection, it is so or- country; served New York County for fer as a result. dered. 34 years—endorses her; the New York We should give Ms. Halligan an up- ORDER OF BUSINESS Association of Chiefs of Police; and the or-down vote on her merits. On that Mr. DURBIN. Madam President, can New York State Sheriff’s Association. standard, she should clearly be con- the Acting President pro tempore no- When you listen to these endorse- firmed. tify me in what stage we are in the pro- ments, you wonder: Is that the same f woman the Senate Republican leader ceedings? TRIBUTE TO JOAQUIN LUNA The ACTING PRESIDENT pro tem- just questioned as to whether she was pore. There is 281⁄2 minutes left for the serious about stopping terrorism? I lis- Mr. DURBIN. Madam President, I majority in morning business, followed tened to some of these things, and I come to the floor today with a sad by 30 minutes for the minority in wonder how people of her quality would story for my colleagues. On the day morning business. ever consider putting their name in after Thanksgiving, a young man Mr. DURBIN. Thank you, Madam nomination—that there could be sug- named Joaquin Luna committed sui- President. gestions on the Senate floor that per- cide in the town of Mission, TX. This is f haps she is not as strong as she should a picture of Joaquin Luna with his be in keeping America safe. mother—a handsome young man full of NOMINATION OF CAITLIN There is simply nothing in the back- promise. He took his own life on the HALLIGAN ground of Caitlin Halligan that sug- day after Thanksgiving. Mr. DURBIN. Madam President, I gests we have any extraordinary cir- He was a senior at Juarez-Lincoln would like to speak in morning busi- cumstances that warrant the defeat of High School, where he was a straight- ness, and I would like to respond to the cloture motion on her nomination. A student, in Mission, TX. He had a several things said by the Republican A moment in history, please. When passion for architecture. In fact, he de- leader of the Senate. The first relates there was a suggestion of filibustering signed the home where his family lives. to Caitlin Halligan, who is a nominee judicial nominations years ago, and the He was an accomplished musician, to serve on the DC Circuit Court. The so-called nuclear option was being dis- played guitar in his church choir. His DC Circuit Court is the appellate court cussed, a Gang of 14, a bipartisan group family said he loved helping his neigh- in the District of Columbia which, I of Senators, came up and said: Unless bors with their landscaping, and he al- would argue, next to the U.S. Supreme there are extraordinary circumstances, ways had a smile on his face. Court is one of our most important. we should vote on these nominees on Joaquin Luna dreamed of becoming The decisions of government are the Senate floor. an engineer. He had been accepted into often sent to this court for review. At There are no extraordinary cir- a number of excellent schools, includ- the current time, there are eight who cumstances in the case of Caitlin ing Rice University and Texas A&M. are sitting on that court, and there are Halligan. The only thing that is ex- But Joaquin Luna was struggling with three vacancies. Of the eight who are traordinary is how many people from a problem most American kids do not on the court, five are Republican ap- different walks of life have endorsed even imagine. Joaquin was brought to pointments. So it is clear that any ef- her candidacy and the American Bar the United States of America when he fort now to bring a new nominee to the Association finding her unanimously was 6 months old by his parents. He court may tip that political balance. I ‘‘well-qualified.’’ came here as a baby, lived his entire am afraid that has a lot more to do There are no legitimate questions life in the United States, and was un- with the fate of Caitlin Halligan than about her competence, ethics, tempera- documented. Because of his immigra- anything that has been said on the ment, or ideology. All she has done tion status, Joaquin Luna was unable Senate floor this morning. throughout her career is serve as an ex- to obtain financial aid to attend the It is mystifying to me that Senate cellent lawyer on behalf of her client. universities that accepted him. He was Republicans would filibuster her nomi- The Republican arguments against unable to find a legitimate job. nation. She is extraordinarily well Ms. Halligan’s nomination boil down to Joaquin’s brother said his world just qualified. She served for 7 years as the just two: First, it does not matter if closed. He saw that everything he was solicitor general of the State of New there are vacancies on the DC Circuit; doing was for nothing. He was never York and currently serves as the gen- and, in fact, in the past, they have ar- going to be able to succeed. eral counsel at the New York County gued to fill those same vacancies when Joaquin’s death is still under inves- district attorney’s office. they had an opportunity to install Re- tigation, so I do not want to jump to She has argued five cases before the publicans. Their second argument: Re- any conclusions about why this trag- U.S. Supreme Court and has served as publicans are not happy with how cer- edy took place. But I felt it was impor- counsel of record in dozens of other tain nominees were treated years ago, tant to come to the floor today to pay cases before that Court. and they see no problem taking out tribute to this young man’s all-too- The American Bar Association their unhappiness on this nominee. brief life and to deliver a message to looked at the qualifications of Caitlin This is a dangerous path. I believe other young people like Joaquin Luna. Halligan, and here is what they said: our country needs excellent judges. There are tens of thousands of young She is unanimously ‘‘well-qualified’’ to Time and again—in the Acting Presi- people in this country facing the same serve in this position. dent pro tempore’s State of New Hamp- challenges as Joaquin. They were Ms. Halligan’s legal views are well shire, in my State of Illinois—you go brought to the United States as chil- within the judicial mainstream. She to people who are sitting on the bench dren. They grew up every single day— has received widespread support from in a State court or in private practice just as we did a few moments ago in across the political spectrum. and ask them if they would consider the Senate—pledging allegiance to the What I have heard this morning from serving their Nation on the Federal only flag they have ever known, our the Republican leader are isolated ex- court, and they know it is a big deci- American flag. They would sing the amples of cases she may have argued, sion: whether they are going to change only national anthem they ever knew. but he certainly does not speak to the a career. But they know just as well It was not their decision to come to fact that the National District Attor- that by submitting their name to the America. Certainly Joaquin did not neys Association, the district attor- process, they are subjecting themselves make any decision at the age of 6 neys from the State of New York, in- to criticism, which many people just do months. But America is their home. cluding Republicans Derek Champagne, not care to withstand. And for tens of thousands of others in Daniel Donovan, William Fitzpatrick, In this case, the criticism against his status, America is their home and James Reams, and Scott Burns have all Caitlin Halligan is baseless. If judicial their future, but they are undocu- publicly endorsed her nomination. Ray- nominees cannot be considered fairly mented and their future is uncertain. mond Kelly, police commissioner for by the Senate on their own merits, I have a message today for all of the the City of New York; Robert Morgen- good lawyers are simply going to stop young people like Joaquin. Do not give thau—one of the most respected dis- putting their name into the process for up hope. Keep your dreams alive.

VerDate Mar 15 2010 00:09 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.004 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8349 America is a generous and caring coun- ried and had two children, she became they buy things, goods and services, it try. We can and we will find a way—a a naturalized citizen. Upstairs in my creates more economic activity in fair and just way—to give you a chance office, her naturalization certificate is businesses small and large and creates to be part of our Nation’s future. If you right behind my desk as a reminder profitability and jobs—job opportuni- or someone you know is feeling hope- about who I am. ties we desperately need with our high less because of the failure of the That is my story. That is the story of unemployment. DREAM Act to pass in the Senate, many families in America. It is the Now, we have taken a position with there are people available to help and story of America. If we cannot open Senator BOB CASEY’s bill here when it talk to you. You can call the National our arms and our hearts to those who comes to the payroll tax cut that it is Suicide Prevention Lifeline. The num- will come here and work hard to make not unreasonable to ask that the ber is 1–800–273–TALK. That is 1–800– this a stronger nation, we will have wealthiest people in America, the top 273–8255. lost one of the core elements of Amer- 0.2 percent in America, pay a little bit Today, my thoughts and prayers are ica’s strength and America’s future. We more in taxes so that we do not add to with Joaquin Luna’s family. I send are great in our diversity. We are great our deficit with this payroll tax cut. them my sympathy and condolences in the fact that so many people are There were times in the past, as the and assure them I will honor his mem- willing to work hard to come to this President noted yesterday, when the ory by continuing to fight for all of the Nation and make it a better place to Republicans actually argued: You young people in America who are just live. never have to pay for a payroll tax cut like Joaquin. Sadly, Joaquin Luna will not be part or a tax cut. Now they have taken a I never dreamed 10 years ago when I of America’s future, but I hope his different position—it has to be paid for. introduced the DREAM Act that I story will inspire others to step up and Well, we do pay for it. We pay for it would be standing on this floor 10 years speak up for those who are promoting with a surtax on millionaires. Unfortu- later with that bill still not enacted the DREAM Act. I want to bring this nately, some Republicans opposed that. into law. Time and again, we have had to the floor again. I want to pass it. I Senator KYL said yesterday on the a majority vote in the Senate stopped want to make sure that the hopeless- floor, in a statement relative to an ex- by a Republican filibuster. Time and ness and despair that many young peo- change we had, that it is hard to say again, we have brought this issue to ple feel is replaced by the hopeful belief the rich are not paying taxes. I am not the floor and argued the cases of young that if they continue to work hard in arguing that point. They are paying people just like Joaquin Luna. We are their lives and continue to be dedicated taxes. But, frankly, under our system only asking that they be given a to America, they can make this a bet- of government, with a progressive tax chance to earn their way to legal sta- ter and stronger nation. system, those who are well off—Mem- tus. That is it. They have to graduate In honor and memory of Joaquin bers of Congress and the Senate—those high school. They cannot have any se- Luna, I ask my colleagues to recon- with high salaries should pay more rious criminal issues. They have to be sider their position and join us in pass- than those who are struggling from willing to either serve 2 years in the ing the DREAM Act. paycheck to paycheck. military or graduate from college. f The people we are talking about, the Those requirements say that they have top 1 percent wage earners in America, to be people who are determined to EXTENDING THE PAYROLL TAX will have an average annual income in make America a better place. DEDUCTION 2013 of $1.4 million a year—$1.4 million We just had a debate going on now Mr. DURBIN. Madam President, a year. By my calculation, that is a about bringing in talented people from there was a question raised this morn- paycheck of $28,000 a week. To say that all over the world to work in the ing by the Republican leader about those people cannot afford to pay a lit- United States. Think about that. We where we stand in the closing 2 weeks tle more in taxes is hard for most fami- are going to bend the immigration laws before the holiday recess. We have a lot lies to understand—it is hard for me to so that more talented graduates from of important issues left. One of the understand. The Bush tax cuts, inci- other countries can come to our coun- most important is the payroll tax cut. dentally, which the Republicans sup- try and help build it into a better na- Here is what it means. If you have a port making permanent have been very tion, creating more jobs and oppor- job in Illinois, an average job in Illi- generous to those people. If the Bush tunity. At the same time as that is nois that pays about $50,000 a year, cur- tax cuts for the wealthiest Americans being proposed, we are saying to tens rently you have a break on your pay- are extended, those in the top 1 per- of thousands like Joaquin Luna: There roll taxes that are collected of about 2 cent, making more than $1.4 million a is no place for you in America because percent. So what that means for those year, are going to see a tax cut in the your parents brought you here when families is that they have an additional year 2013 of $68,000—a tax cut at a time you were a child, and therefore you are $100 a month to spend. when we have Federal deficits and forever banished from being part of For some Members of the Senate and needs in our country to get beyond this America’s future. That is a cruel out- the House of Representatives, $100 a recession. come and one we should not accept as month might not make much of a dif- These people in the top 1 percent con- Americans. This is a great and caring ference, but for a lot of families strug- trol almost 25 percent of the income in nation. It is a nation of immigrants. gling from paycheck to paycheck, $100 America—1 percent of the population, Madam President, 100 years ago, in can make a big difference. When gaso- more than 25 percent of the income. 1911, a ship arrived in Baltimore, MD. line prices go through the roof, you can That is up from 12 percent just 25 years A woman walked down the stairs, two fill the gas tank in your car or pickup ago. They control 40 percent of all of little children by her side and a baby in truck and make it to work. You might the wealth in the United States. They her arms. She did not speak a word of have a little extra money left for a are comfortable. In 1986, they only con- English. She came from Lithuania. She utility bill when the natural gas prices trolled 33 percent. In fact, we can say was bringing her children to America and oil prices go up during the course that in the last 25 years, the wealthy in and trying to find out how to get from of a cold winter. You might be able to America have become even more com- Baltimore, MD, to East St. Louis, IL, afford some Christmas gifts for your fortable, and to ask them to make even where my grandfather lived. He was kids, maybe even some clothes for a small sacrifice for the good of this there waiting for her, had a job and a them to go to school, a warm jacket for Nation is not unreasonable. place they could call home. I do not cold weather. So $125 dollars is impor- Senator MCCONNELL came to the know how she possibly made it, but she tant. floor and suggested that what we are did. That baby in her arms, that 2- If we do not act, and act before we dealing with on the floor here is polit- year-old infant, was my mother. I am a leave at Christmas, as of January 1 ical showmanship. Well, last week we first-generation American. I have the that payroll tax will go up 2 percent on went beyond showmanship and we ac- honor of serving in this Senate. I do working Americans, and they will have tually called a vote. We had a pro- not know if my mom was legal or not less money to spend. As they spend less posal—Senator CASEY’s proposal—to legal. Later in life, after she was mar- money, our economy struggles. When reinstitute this payroll tax cut and pay

VerDate Mar 15 2010 00:09 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.009 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8350 CONGRESSIONAL RECORD — SENATE December 6, 2011 for it, as I mentioned, with a surtax on The ACTING PRESIDENT pro tem- scores of lawsuits brought by individual vic- the wealthiest people in America. At pore. Without objection, it is so or- tims or groups harmed by gun violence. . . . the end of the day, out of 53 Demo- dered. Such an action would likely cut off at the pass any attempt by States to find solu- cratic Senators, 50 voted yes, and 1 Re- f tions—through the legal system or their own publican Senator joined us. We had 51 NOMINATION OF CAITLIN legislatures—that might reduce gun crime or votes in favor. It took 60 votes to pass, HALLIGAN promote greater responsibility among gun so it did not prevail. dealers. Then Senator MCCONNELL had his Mr. GRASSLEY. Madam President, Later in that same speech, she ex- chance. He brought to the floor the Re- soon we will be taking up the nomina- pressed her view of the law and legal publican alternative. They would ex- tion of Caitlin Halligan to the DC Dis- system. She said: tend the payroll tax cut by eliminating trict Court. I oppose the nomination. Courts are the special friend of liberty. jobs—over 200,000 jobs in the Federal This is why the nomination should not Time and again, we have seen how the dy- Government at a time when, frankly, be confirmed. namics of our rule of law enables enviable so- we need more workers in veterans hos- Nominations to the DC Circuit de- cial progress and mobility. pitals and we need more people work- serve special scrutiny. The Court of This statement is very troubling, es- ing on medical research at the Na- Appeals, DC Circuit, hears cases affect- pecially as it relates to the nuisance tional Institutes of Health and we need ing all Americans. This court fre- lawsuit against gun manufacturers. more involved in law enforcement to quently is the last stop for cases in- Those lawsuits are a prime example of keep America safe. But Senator volving Federal statutes and regula- how activists on the far left try to use the courts to effect social policy MCCONNELL said that the way to pay tions. Many view this court as second any tax cut for working families is to in importance only to our Supreme changes they are somehow unable or eliminate Federal jobs. They called it Court. unwilling to fight to achieve through for a vote. There are 47 Republican As we all know, judges who sit on the the ballot box. That is why I believe those lawsuits represent not only bad Senators on the floor. So how did the DC Circuit are frequently considered policy but, more broadly, an activist vote turn out when the Republicans for the Supreme Court. So there is a lot at stake with any nominee ap- approach to the law. called their proposal to extend the pay- I am also concerned about Ms. roll tax cut? If I am not mistaken, only pointed to the DC Circuit. Ms. Halligan has an activist record. Halligan’s views on the war on terror 20 Republican Senators voted for that and the detention of enemy combat- proposal. In fact, Senator MCCONNELL There are additional concerns regarding her judicial philosophy and her ap- ants. This is especially troubling be- was the only Member of the Senate Re- cause Ms. Halligan is the nominee for publican leadership who voted for the proach to interpreting the Constitu- tion. the DC Circuit Court, where we know a proposal. lot of these issues are often heard. So you have to ask, when it comes to The second amendment, for instance, in 2003, Ms. Halligan gave a speech In 2004, Ms. Halligan was a member of the competition of ideas, who won that the New York City Bar Association exchange? The answer is, no one won where she discussed her role in suing gun manufacturers for criminal acts that published a report entitled ‘‘The because at the end of the day we did Indefinite Detention of Enemy Com- not extend the payroll tax cut. committed with handguns. At the time, Congress was debating batants and National Security in the Back home in Chicago this last week, the Protection of Lawful Commerce in Context of the War on Terror.’’ That I had a press conference with a lady, a Arms Act or, as most of us called it at report argued there were constitu- single mom, three kids, struggling with tional concerns with the detention of the time, the gun liability bill. Those three jobs, with an annual income— terrorists in military custody. It also lawsuits, of course, were based on combined income of less than $25,000 a argued vigorously against trying meritless legal theories and were spe- year. I cannot imagine how she gets by. enemy combatants in military tribu- cifically designed to drive gun manu- But she said that $50 more a month— nals. Instead, it argued in favor of try- facturers out of business. that is what the payroll tax cuts means ing terrorists in civilian article III As it turns out, while many of us to her—would be significant—$50. That courts. were fighting in Congress to stop these is how close so many people live to the As I said, Ms. Halligan is listed as nuisance lawsuits, Ms. Halligan was edge. one of the authors of that report. But pursuing this precise type of litigation, It is time for us, in the closing days when it came to testifying at her hear- based on the same bogus legal theories ing, Ms. Halligan tried to distance her- of the session before Christmas, to on behalf of the State of New York. reach a bipartisan agreement to make self from that report. She testified she In New York v. Sturm, Ms. Halligan did not become aware of the report sure the payroll tax cut is extended, to argued that gun manufacturers con- make sure the unemployment benefits until 2010. In a followup letter after her tributed to a public nuisance of illegal hearing, Ms. Halligan did concede ‘‘it is that are needed so desperately by so handguns in the State. Therefore, she many people out of work are there to quite possible that [a draft of the re- argued that gun manufacturers should port] was sent to me,’’ but she could help them and their families. The only be liable for criminal conduct of third way we can achieve that is in a bipar- not recall reading the report. parties. The New York appellate court, I recognize memories fade over time. tisan agreement. We now know that however, explicitly rejected her theory. the notion of just cutting away at Fed- But as I assess her testimony, I think The court explained that it had ‘‘never it is noteworthy that at least four eral jobs has been rejected soundly, recognized [the] common law public even by the Republican side of the other members of the committee ab- nuisance cause of action’’ that Ms. stained from the final report. Ms. aisle. Let’s come to a reasonable con- Halligan had advanced. Moreover, the clusion on how to pay for this in a Halligan did not. court correctly concluded that ‘‘the I also point out that she coauthored manner that does not add to unemploy- Legislative and Executive branches are an amicus brief before the Supreme ment but adds more jobs to the Amer- better suited to address the societal Court in a 2009 case of Al-Marri v. ican economy, something which most problems concerning the already heav- Spagone. Ms. Halligan’s brief in that Americans agree should be our highest ily regulated commercial activity at case took a position similar to the 2004 priority. issue.’’ report with respect to military deten- I yield the floor, and I suggest the ab- While we were debating the gun li- tion of terrorists. In that case, she ar- sence of a quorum. ability bill, Ms. Halligan delivered a gued that the authorization for use of The ACTING PRESIDENT pro tem- speech where she expressed her strong military force law did not authorize pore. The clerk will call the roll. opposition to that legislation. She op- the seizure and indefinite military de- The legislative clerk proceeded to posed it because it would stop the type tention of a lawful permanent resident call the roll. of lawsuit she was pursuing. She said: alien who conspired with al-Qaida to Mr. GRASSLEY. Madam President, I If enacted, this would nullify lawsuits execute terror attacks on our country. ask unanimous consent that the order brought by nearly 30 cities and counties—in- The fact that Ms. Halligan coau- for the quorum call be rescinded. cluding one filed by my office—as well as thored this brief, pro bono, suggests to

VerDate Mar 15 2010 00:09 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.010 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8351 me she supported the conclusions port and qualifications, Mr. Keisler judge statistics. Filings per panel and reached by the 2004 report. Again, this waited 918 days for a committee vote filings per judge show a decline of near- issue is particularly troublesome for a that never came. ly 7 percent during this period. Pending nominee to the DC Circuit, where, as I But Mr. Keisler was not the only one appeals per panel dropped over 9 per- have already said, many of these ques- of President Bush’s nominees to the DC cent. tions are heard. Circuit to receive a heightened level of When you examine the caseload sta- There are a number of other aspects scrutiny. In fact, when President Bush tistics in relationship to other circuit of her record that concern me. For in- was President, his nominees to the DC courts, the DC Circuit ranks last in Circuit did not simply receive height- stance, she authored an informal opin- nearly every category. For instance, ened scrutiny but were subjected to ion on behalf of Attorney General the DC Circuit has the fewest total ap- Spitzer regarding New York’s domestic every conceivable form of obstruction. Those of us who were here remember peals filed per panel and only half as relations law. That opinion invoked a many appeals filed per panel as the theory of an evolving Constitution. these debates very well: Estrada, Rob- erts, Griffith, Kavanaugh, Keisler, and 10th circuit, which has the second few- As New York’s solicitor general, Ms. est in the country. They have the few- Halligan was responsible for recom- Brown. All these nominees had difficult and lengthy processes. This included est number of appeals terminated per mending to the attorney general that judge. And again, they have roughly the State intervene in several high-pro- delays, multiple filibusters, multiple hearings, boycotting markups so we half as many terminations per judge as file Supreme Court cases. She filed the second least busy circuit—again, amicus briefs that consistently took would not have a quorum to vote on their confirmation, including even in- the 10th circuit. activist positions on controversial voking the 2-hour rule during com- They have the fewest signed written issues, such as abortion, affirmative mittee markup and other forms of ob- decisions per active judge, with 57. By action, immigration, and federalism. struction. way of comparison, the second circuit I will give you some instances. In I have not suggested we repeat all has 5 times as many, with 270 per ac- Scheidler v. National Organization for the tactics used by the other side em- tive judge. The 10th circuit has roughly Women, she supported NOW’s claim ployed during the last Republican ad- 4 times as many, with 240 per judge. that pro-life groups had engaged in ex- ministration. I do believe, however, it They have fewest total appeals termi- tortion. is important to remind my colleagues nated per panel, with 347. In the twin affirmative action cases of the precedents the other side estab- of Grutter v. Bollinger and Gratz v. By way of comparison, the 11th cir- lished for nominees to this circuit. cuit had over 4 times as many total ap- Bollinger, she argued that the use of There is one other relevant fact I peals terminated in 2010, with 1,574. race in college and law school admis- would like to briefly discuss in connec- The ninth circuit had nearly 4 times as sions was not only appropriate but con- tion with this vote; that is, the work- many, with 1,394. And the second and stitutional. load of the DC Circuit. That gets back fifth circuits each had 1,329. In Hoffman Plastics Compounds v. to what I have already referred to— NLRB, she argued that the NLRB that it has been underworked compared Given these statistics, we should be should have the authority to grant to other circuits. having a discussion on reducing the backpay to illegal aliens, even though When Peter Keisler was nominated to staffing for this court, not filling a va- Federal law prohibits illegal aliens the same seat, my friends on the other cancy. This seat is not a judicial emer- from working in the United States. side objected to even holding a hearing gency. And with our massive debt and Ms. Halligan represented New York for the nominee, based upon concerns deficit, I don’t understand why we in Massachusetts v. EPA, where a num- about the workload of the DC Circuit. would be spending our time and re- ber of States argued that the Clean Air So here is something we tend to agree sources, particularly on a highly con- Act authorized and required the EPA on, which has gone by the wayside now troversial nomination. to regulate automobile emissions and that we have a nominee from the Presi- Given the concerns I have about Ms. other greenhouse gases associated with dent of the other party for this same Halligan’s record on the second amend- climate change. seat. During Mr. Keisler’s hearing, one ment, the war on terror, and other These are just some of my many con- of my Democratic colleagues summa- issues, my concerns regarding her ac- cerns regarding the nominee’s judicial rized the threshold concerns. He said: tivist judicial philosophy and the philosophy and her approach to con- Here are the questions that just loom out Court’s low workload, I oppose this stitutional interpretation. there: 1) Why are we proceeding so fast here? nomination, and I urge my colleagues Based on her record, I do not believe 2) Is there a genuine need to fill this seat? 3) to do the same. she will be able to put aside her long Has the workload of the DC circuit not gone I would note in closing the number of record of liberal advocacy and be a fair down? 4) Should taxpayers be burdened with organizations expressing their opposi- and impartial jurist. the cost of filling that seat? 5) Does it not Yesterday, before the votes on the ju- make sense, given the passion with which ar- tion to this nomination: the American guments were made only a few years ago, to Conservative Union, the National Rifle dicial nominations we confirmed, I examine these issues before we proceed? made a few remarks regarding the his- Association, Gun Owners of America, So we have five very important ques- Citizens Committee for the Right to tory of this seat. So I will briefly re- tions that are applicable today from a view again the approach I have been ar- Keep and Bear Arms, Committee for Member on the other side of the aisle. Justice, Concerned Women of America, guing for more than a decade—and I I have not heard these same concerns had the support of other Senators— the American Center for Law and Jus- expressed by my friends on the other tice, Heritage Action, Liberty Counsel, that there are too many seats and it is side with respect to Ms. Halligan’s an underworked circuit. It may come Family Research Council, Eagle nomination. But that does not mean Forum, and there are others. as a surprise to some, but this seat has these issues have gone away. been vacant for over 6 years. It became Statistics from the Administrative I yield the floor. vacant in September 2005, when John Office of the U.S. Courts show that The ACTING PRESIDENT pro tem- Roberts was elevated to Chief Justice caseloads on the DC Circuit have de- pore. The Senator from Vermont. of our Supreme Court. But it has not creased markedly over the last several Mr. LEAHY. Madam President, I un- been without a nominee for all that years. This decrease is evident in both derstand morning business will now time. the total number of appeals filed and close. In June of 2006, President Bush nomi- the total number of appeals pending. nated an eminently qualified indi- Specifically, the total number of ap- f vidual for this seat, Peter Keisler. Mr. peals filed decreased by over 14 percent Keisler was widely lauded as a con- between 2005, when there were 1,379 ap- CONCLUSION OF MORNING sensus bipartisan nominee. His distin- peals filed, and the year 2010, when BUSINESS guished record of public service in- only 1,178 appeals were filed. cluded service as Acting Attorney Gen- The workload decline is also dem- The ACTING PRESIDENT pro tem- eral. Despite his broad bipartisan sup- onstrated in the per-panel and per- pore. Morning business is closed.

VerDate Mar 15 2010 00:09 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.011 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8352 CONGRESSIONAL RECORD — SENATE December 6, 2011 EXECUTIVE SESSION every single Democrat and every single impossible for the future. Caitlin Republican to the DC Circuit in 2003. I Halligan is a well-qualified nominee certainly did not agree with every posi- with a mainstream record as a brilliant NOMINATION OF CAITLIN JOAN tion he had taken or argument he had advocate on behalf of the State of New HALLIGAN TO BE UNITED made as a high-level lawyer in several York and in private practice. She STATES CIRCUIT JUDGE FOR Republican administrations, but I sup- served for nearly six years as Solicitor THE DISTRICT OF COLUMBIA ported his nomination to the DC Cir- General of New York and has been a CIRCUIT cuit, as I did to the Supreme Court, be- leading appellate lawyer in private The ACTING PRESIDENT pro tem- cause of his legal excellence and abil- practice, currently serves as General pore. Under the previous order, the ity. Counsel at the New York County Dis- Senate will proceed to executive ses- It is frustrating to have Senators tell trict Attorney’s Office, and has served sion to consider the following nomina- me privately they know Ms. Halligan is as counsel of record in nearly 50 mat- tion, which the clerk will report. just as qualified as John Roberts was, ters before the U.S. Supreme Court, ar- The assistant legislative clerk read but this lobby and that lobby are guing five cases before that court and the nomination of Caitlin Joan against her. Lobbyists come and go. many cases before Federal and state Halligan, of New York, to be United The court is supposed to be the epit- appellate courts. She clerked for Su- States Circuit Judge for the District of ome of justice in this country. preme Court Justice Stephen Breyer Columbia Circuit. I trusted John Roberts’ testimony and for Judge Patricia Wald on the DC The ACTING PRESIDENT pro tem- that he would fairly apply the law if Circuit, the court to which she has pore. Under the previous order, there confirmed. If the standard we used for been nominated. No Senator has or can will be time for debate until noon, him is applied to Ms. Halligan, there is question her qualifications. I have re- equally divided in the usual form. no question this filibuster will end and viewed her record carefully in the Mr. LEAHY. Madam President, some Caitlin Halligan will be confirmed. course of the Judiciary Committee’s of the people I have heard who oppose By any traditional standard, Caitlin thorough process, including her re- Ms. Halligan were also some of the Halligan is the kind of superbly quali- sponse to our extensive questionnaire same people who successfully opposed fied nominee who should easily be con- and her answers to questions at her an effort in the Congress to actually firmed by the Senate. Yet, the Senate hearing and in writing following the protect police officers a few years ago. Republican leadership’s filibuster of hearing. In my view, there is no legiti- So I want to put the opposition in con- this nomination threatens to set a new mate reason or justification for filibus- text. It is probably why so many law standard that could not be met by any- tering her nomination. enforcement groups support Ms. one. It would not have been met by Yesterday, I put into the RECORD Halligan, because she stood up for law John Roberts. If this is the new stand- some of the many letters of support we enforcement, unlike some of the groups ard, it is wrong, it is unjustified and it have received from across the political we have heard about who oppose her, is dangerous. Overcoming it will take a spectrum for Ms. Halligan’s nomina- who sought to make the life of police handful of sensible Senate Republicans tion. These letters are a testament to officers more dangerous. willing to buck their leadership and both her exceptional qualifications to Be that as it may, the Senate stands some single-issue lobbyists. They have serve and to the fact that this should at a crossroads today. Voting to end done it before and they should again be a consensus nomination, not a the partisan filibuster of this judicial now. Those who care about the judici- source of controversy and contention. nomination is as important as it was ary—and as important, those who care They attest to the fact she is not a when the Senate did so in connection about the Senate—need to come for- closed-minded idealogue, but is the with the nomination of Judge McCon- ward and end this filibuster. kind of nominee who has demonstrated nell to the United States District From the beginning of the Obama ad- not only legal talent but also a dedica- Court of Rhode Island earlier this year. ministration, we have seen too many tion to the rule of law throughout her If we allow the partisan filibuster to go Senate Republicans shift significantly career. We should encourage nominees forward, then the Senate will be set- away from the standards they used to with the qualities of Ms. Halligan to ting a new standard that no nominee apply to the judicial nominations of a engage in public service. We should can meet if they wish to be confirmed Republican President. During the ad- welcome people like her to serve on the to the DC Circuit. ministration of the last President, a Federal bench, not denigrate them. Republican Senators who just a few Republican, they insisted that filibus- Concocted controversies and a blatant years ago argued that filibusters ters of judicial nominees were uncon- misreading of Ms. Halligan’s record as against judicial nominees were unconstitutional. They threatened the ‘‘nu- an advocate are no reason to obstruct stitutional and said that they would clear option’’ in 2005 to guarantee up- this outstanding nomination. never support such a filibuster, and or-down votes for each of President those who care about the judiciary in Bush’s judicial nominations. I also demonstrated yesterday that the Senate, need to step forward and do Many Republican Senators declared any so-called ‘‘caseload’’ concern is no the right thing. You cannot say that that they would never support the fili- justification for filibustering this nom- filibusters against judicial nominees buster of a judicial nomination. Yet, ination. This was not a concern we are unconstitutional when you have a only a few years later, Senate Repub- heard from Republicans when they Republican President but suddenly sup- licans reversed course and filibustered voted to confirm President Bush’s port a filibuster when you have a President Obama’s very first judicial nominees to fill not only the 9th seat, Democratic President. This goes even nomination, that of Judge David Ham- but also the 10th seat and the 11th seat beyond the standards that have driven ilton of Indiana. They tried to prevent on this court a couple of years ago. the approval rating of Congress to an an up or down vote on his nomination They should not now use caseload as an all-time low for hypocrisy. We ought to even though he was nominated by excuse to filibuster President Obama’s end the filibuster now and proceed to President Obama after consultation nomination to fill the ninth seat when vote on this extraordinarily well-quali- with the most senior and longest-serv- the DC Circuit’s caseload has in- fied nominee. ing Republican in the Senate, Senator creased. There are only two differences Ms. Halligan, nominated to fill one of DICK LUGAR of Indiana, who strongly today than when President Bush’s three vacant seats on the important supported the nomination. The Senate nominees to the DC Circuit were con- DC Circuit, is a highly regarded appel- rejected that unjustified filibuster and firmed in 2005 and 2006: One, the case- late advocate. She has the kind of im- Judge Hamilton was confirmed with load per active judge has increased, not peccable credentials in both public Senator LUGAR’s support. decreased; and we have a Democratic service and private practice that have With their latest filibuster, the Sen- President, not a Republican President. been looked for in the past by both ate Republican leadership seeks to set The DC Circuit is often considered Democratic and Republican Presidents. yet another new standard, one that the second most important court in the Her nomination reminds me of John threatens to make confirmation of any land because of the complex cases that Roberts, when he was confirmed by nominee to the DC Circuit virtually it handles, cases that have grown in

VerDate Mar 15 2010 00:09 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.021 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8353 importance since the attacks of Sep- by the standard utilized in 2005 to end Security was unconstitutional, a posi- tember 11. As noted in a recent Wash- filibusters and vote on President tion clearly at odds with well estab- ington Post editorial: ‘‘[Caseload num- Bush’s controversial nominees, this fil- lished law. She went so far as to say bers do] not take into account the com- ibuster should be ended and the Senate ‘‘today’s senior citizens blithely can- plexity and scope of the cases that land should vote on the nomination. Those nibalize their grandchildren.’’ at the court. They include direct ap- Senators who claim to subscribe to a Despite her ideological extremism peals involving federal regulatory deci- standard that prohibits filibusters of and willingness to implement her rad- sions and national security matters, judicial nominees except in ‘‘extraor- ical personal views as a judge without including cases stemming from the de- dinary circumstances’’ should keep regard to the existing law, she was con- tentions at the U.S. naval base in their word and not support this fili- firmed to the DC Circuit. Her nomina- Guantanamo Bay, Cuba.’’ I ask unani- buster. There are no ‘‘extraordinary tion was judged not to present ‘‘ex- mous consent that a copy of this edi- circumstances’’ to justify the fili- traordinary circumstances’’ supporting torial and one from today’s Boston buster. a filibuster. There is no justification Globe be printed in the RECORD at the In 2005, Senator GRAHAM, a member under the standard applied to the nom- conclusion of my remarks, along with of the ‘‘Gang of 14’’ described his view ination of Janice Rogers Brown for a letters to the editor of the Washington of what comprises the ‘‘extraordinary filibuster of the nomination of Caitlin Post in support of Ms. Halligan’s nomi- circumstances’’ justifying a filibuster. Halligan, a widely-respected nominee nation. He said: ‘‘Ideological attacks are not with a clear devotion to the rule of law The PRESIDING OFFICER. Without an ‘extraordinary circumstance.’ To and no record of ideological extremism. objection, it is so ordered. me, it would have to be a character The nomination of Thomas Griffith (See exhibit 1) problem, an ethics problem, so allega- to the DC Circuit was also determined Mr. LEAHY: Yet the DC Circuit is tions about the qualifications of a per- not to present ‘‘extraordinary cir- now more than one-quarter vacant, son, not an ideological bent.’’ Caitlin cumstances’’ despite his decision to with three judicial vacancies. The case- Halligan has no character problem, no practice law without a license for a load per active judge has gone up since ethics problem, and there is no jus- good part of his career, which I felt Republican Senators supported every tification for this filibuster. Caitlin should be disqualifying. He was con- one of President Bush’s nominations to Halligan is a superbly qualified nomi- firmed to fill the 11th seat on the DC that court. According to the Adminis- nee whose personal integrity, tempera- Circuit. There is no question that trative Office of U.S. Courts, the case- ment, and abilities have been attested under the standard Republicans applied load per active judge has increased by to by the many leading lawyers who to the nomination of Thomas Griffith, one third since 2005, when the Senate have worked with her and against her. Caitlin Halligan should be confirmed to confirmed President Bush’s nomination They all attest to her integrity and fill the ninth judgeship on that court. of Thomas Griffith to fill the 11th seat temperament and abilities. I urge Republican and Democratic on the DC Circuit. That is right—the The signers of the 2005 Memorandum Senators to come together and end this DC Circuit’s caseload has actually in- of Understanding, and the Senate, dem- misguided filibuster of Caitlin creased. By any objective measure, the onstrated what they thought that Halligan’s nomination to the DC Cir- work of the DC Circuit has grown, and agreement entailed when they pro- cuit. There is no basis under any appro- the multiple vacancies should be filled, ceeded to invoke cloture on a number priate standard for blocking her nomi- not preserved and extended for partisan of controversial nominations. The Sen- nation from having an up-or-down purposes. The ‘‘extraordinary cir- ate invoked cloture on the nominations vote. To the contrary, Caitlin cumstance’’ that exists here is the of Janice Rogers Brown and Thomas Halligan’s impeccable credentials and more than one-quarter vacancy level Griffith to the DC Circuit, the circuit record as an accomplished advocate on this court, with only eight active to which Caitlin Halligan has been make her nomination worthy of bipar- judges. nominated. tisan support. As a Justice on the California Su- If caseloads were really a concern of EXHIBIT 1 preme Court, Janice Rogers Brown was Republican Senators, they would not [From the Boston Globe, Dec. 6, 2011] be standing by while their leadership a nominee with a consistent and exten- OUTRAGE MACHINE GRINDS AWAY delays Senate consideration of the sive record, both on the bench and off, (Editorial) nominations of Morgan Christen of of using her position as a member of Alaska and Jacqueline Nguyen of Cali- the court to put her views above the Discrediting perfectly qualified nominees law. This was not a question of one to the federal judiciary is a dreary, familiar fornia to the Ninth Circuit, and Judge business—one whose latest target is Caitlin Adalberto Jordan of Florida to the case or one issue on which Democrats Halligan, a former New York solicitor gen- Eleventh Circuit. These two circuits differed with the nominee—I have eral who once clerked for Supreme Court have the highest number of cases per voted for hundreds of nominees of Re- Justice Stephen Breyer. Ever since President active judge. The Ninth Circuit is bur- publican and Democratic Presidents Obama nominated her for the DC Circuit dened by multiple vacancies and the which whom I differ on many issues. Court of Appeals last year, critics have been largest caseload in the nation. Judge But this was a nominee with views so combing her record for evidence of dangerous Nguyen is nominated to fill the judi- extreme she was opposed not just by radicalism. They haven’t found any. But in the crude cial emergency vacancy that remains her home state Senators, but also by world of judicial-nomination fights, a open after the Republican filibuster of more than 200 law school professors nuanced discussion of New York’s marriage Goodwin Liu. I have repeatedly urged from around the Nation who wrote to laws becomes a self-evident slant toward the Senate to take up and consider the Committee expressing their opposi- same-sex marriage. Others depict her as these nominations, which are sup- tion. Her record in numerous decisions anti-gun because she signed a brief in a li- ported by home state Senators, yet Re- as a judge showed that she was willing ability suit against gun manufacturers. The publicans have refused to consider to put her personal views above the law group Gun Owners of America has conven- them for months. Anyone truly con- on issue after issue, including a will- iently pre-written an e-mail, which members can robo-send to their senators, denouncing cerned about courts’ caseloads should ingness to roll back the clock 100 years Halligan’s nomination as ‘‘inconceivable.’’ join with me to consider the other 20 on workers’ and consumers’ rights, to Halligan may not be GOP senators’ first judicial nominations still pending on undermine clean air and clean water choice for an appellate-court seat. And if a the Senate calendar and awaiting final protections for Americans and their Republican president had chosen a former action. communities, laws providing affordable Texas solicitor general who’d clerked for Given Caitlin Halligan’s impeccable housing, zoning laws that protect Antonin Scalia, some of the same groups credentials and widespread support, homeowners, and protections against now defending Halligan would surely be this should be the kind of consensus sexual harassment, race discrimina- scraping around for reasons why the nominee was utterly unsuitable for the job. But the nomination supported by Senators of tion, employment discrimination, and Senate need not dignify these tactics. both parties who seek to ensure that age discrimination. In fact, while serv- In a way, Halligan is lucky; rather than the Federal bench continues to attract ing on the California Supreme Court, stringing her along endlessly, the Senate has the best and the brightest. Certainly, Justice Brown had argued that Social scheduled a vote today to end debate on her

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Caitlin’s reputation was [From the Washington Post, Nov. 22, 2011] and as President of the District Attorneys nothing short of outstanding which is one of SENATE SHOULD CONFIRM CAITLIN HALLIGAN Association of the State of New York, I have many reasons my friend Cy Vance was lucky TO THE D.C. CIRCUIT COURT had the distinct privilege of working closely enough to entice her back into public service (Editorial) with Ms. Halligan during the past year. In as his General Counsel. When Caitlin J. Halligan was nominated in her position as General Counsel to Manhat- I fully understand the political give and 2010 to a seat on the U.S. Court of Appeals tan District Attorney Cyrus R. Vance, Jr., take of the nomination process, particularly for the D.C. Circuit, the prestigious 11-mem- she has consistently demonstrated her un- when the position is of such import. Words ber court had two vacancies. Today, there conditional support of the interests of law uttered and position papers written decades are three, after Judge Douglas H. Ginsburg enforcement and has lent her exceptional ex- earlier take on greater significance. Each took senior status this fall. pertise as an advocate for the rule of law to party would prefer to have a nominee whose Yet some Senate Republicans argue that the complex issues that confront our state judicial philosophy is most closely attuned there is no need to install Ms. Halligan be- across its many varied interests. to their core beliefs. Ultimately, it is the cause the court’s caseload has shrunk. Oth- Having first heard of Ms. Halligan’s re- President’s choice and frankly I do not think ers look suspiciously on her purported views markable legal abilities during her tenure as any President, Democrat or Republican, on antiterrorism policy. GOP senators are Solicitor General of New York State under could find a more qualified, a more honor- grasping at straws to block Ms. Halligan’s Governor George Pataki, I am delighted now able or a finer candidate than Caitlin ascension, perhaps in hopes of preserving the to have learned firsthand that she is a con- Halligan. vacancy for a Republican president to fill. summate ‘‘lawyer’s lawyer’’. She has unpar- Sincerely, These lawmakers rightly objected to such alleled legal reasoning skills and a firm com- WILLIAM J. FITZPATRICK, tactics when deployed by Democrats to stall mitment to our constitutional values. District Attorney. or defeat well-qualified Republican nomi- Thank you for this opportunity to express nees; they should not revert to them now my support for this exceptional judicial can- RICHMOND COUNTY, when a Democrat controls the White House. didate. Staten Island, NY, February 25, 2011. Ms. Halligan has had a distinguished ca- Very truly yours, Re Caitlin J. Halligan. reer and deserves to be confirmed. A grad- DEREK P. CHAMPAGNE, Hon. PATRICK J. LEAHY, uate of the Georgetown University Law Cen- District Attorney. Chairman, U.S. Senate Committee on the Judici- ter, she clerked for D.C. Circuit Judge Patri- ary, Dirksen Senate Office Building, Wash- cia M. Wald and later for Supreme Court COUNTY OF ONONDAGA, ington, DC. Justice Stephen Breyer. She has served as Syracuse, NY, February 16, 2011. DEAR SENATOR LEAHY: I write in support of head of the appellate practice at a top New Re Caitlin Halligan. the nomination of Caitlin J. Halligan for a York law firm, as solicitor general in that Senator PATRICK LEAHY, seat on the United States Court of Appeals state and now as general counsel for the New Chairman, U.S. Senate Committee on the Judici- for the D.C. Circuit. Ms. Halligan’s experi- York County District Attorney’s Office in ary, Dirksen Senate Office Building, Wash- ence and accomplishments as an appellate Manhattan. The American Bar Association ington, DC. lawyer make her an ideal appointee to that gave Ms. Halligan a unanimous well-quali- DEAR SENATOR LEAHY: I write this letter in Court. fied rating. The Senate Judiciary Committee support of the President’s nomination of Ms. Halligan, currently employed by the approved her nomination seven months ago; Caitlin Halligan for the United States Court New York County District Attorney’s Office she has been waiting for a floor vote ever of Appeals for the District of Columbia Cir- as General Counsel, has served as First Dep- since. While it is true that caseloads have been cuit. uty Solicitor General, then Solicitor General inching downward at the D.C. Circuit, the By way of a brief introduction, I am a ca- of the State of New York and as head of the decline does not take into account the com- reer prosecutor, having served twenty years appellate practice section at the New York plexity and scope of the cases that land at as the elected District Attorney of Onondaga law firm of Weil, Gotshal and Manges LLP. the court. They include direct appeals in- County (just under a half a million popu- In her time as First Deputy and then Solic- volving federal regulatory decisions and na- lation) in Upstate New York and ten years as itor General, she was responsible not only tional security matters, including cases an assistant district attorney prior to that. I for briefing and arguing her own cases, but stemming from the detentions at the U.S. am the New York State representative to the for supervising the appellate litigation con- naval base in Guantanamo Bay, Cuba. National District Attorneys Association and ducted by New York State’s Attorney Gen- Critics note that Ms. Halligan’s name ap- serve on that body’s Executive Committee. I eral as well. pears on a 2004 report by the New York City am also co-chairman of the American Bar In her time in private practice and in the Bar Association that lambasted the Bush ad- Association’s Criminal Justice Section’s Office of the New York State Solicitor Gen- ministration for asserting the legal author- Committee on Science and Technology and I eral, Ms. Halligan has briefed and argued ity to hold enemy combatants without trial have been appointed by Governors Pataki, cases at all levels of appellate courts in the until the cessation of hostilities; the Su- Spitzer and Cuomo to serve on New York United States, ranging from the United preme Court ultimately endorsed the admin- State’s Forensic Science Commission. I am a States Supreme Court to New York State’s istration’s position. Ms. Halligan acknowl- past President of the New York State Dis- intermediate appellate court, the Appellate edges that she was a member of the com- trict Attorneys Association and currently Division and has also supervised briefs filed mittee that wrote the report but testified serve on its Board of Directors. I am also a in those courts. The cases in which she has that she was not involved in its development life long Republican, but nobody’s perfect. been involved, either as principal attorney or or writing and said she learned of it only in Cy Vance is the current District Attorney supervisor, span such diverse areas as pris- 2010, while gathering material for the con- of New York county having succeeded the oner civil rights matters, environmental, firmation process. Ms. Halligan testified legendary Bob Morgenthau. Cy is a good voting rights and free speech issues, and that she did not agree with the report’s con- friend and has quickly established himself in commerce clause matters. This breadth of clusions. New York as an outstanding prosecutor and practice areas—both in terms of the courts Some critics suggest that Ms. Halligan’s a resource for his sixty-one other colleagues in which Ms. Halligan has appeared and the repudiation is a ‘‘confirmation conversion.’’ throughout the State. And one of the really nature of the cases in which she has been in- Yet no evidence to dispute her account has great things that Cy does is surround himself volved—certainly has provided Ms. Halligan emerged during the eight months since her with quality people. A perfect example of with the background necessary for success as hearing. The report episode is odd but should one of those quality people is Caitlin a Circuit Court judge, particularly in view of not disqualify Ms. Halligan, given the moun- Halligan, currently Cy’s General Counsel at the wide variety of matters that will come tain of evidence that she is a smart and well- the Manhattan District Attorney’s Office. before Ms. Halligan should she be confirmed qualified candidate. Caitlin’s re´sume´ makes it hard to believe to a seat on the D.C. Circuit. she is only forty-four years old. Educated at In short, Ms. Halligan’s experience as an FRANKLIN COUNTY, Princeton with a law degree from George- appellate practitioner and the wide variety Malone, NY, February 14, 2011. town, Caitlin served as law clerk to two of of issues with which she has dealt will serve Senator PATRICK J. LEAHY, America’s most illustrious jurists. Her serv- her well in her capacity as a Circuit Judge Chairman, U.S. Committee on the Judiciary, ice to my home State of New York has been and I am pleased to offer my support for her Dirksen Senate Office Building, Wash- both distinguished and invaluable. As a confirmation. ington, DC. member of the Attorney General’s Internet Sincerely, DEAR CHAIRMAN LEAHY: I once discussed on Bureau, Caitlin helped develop initiatives to DANIEL M. DONOVAN, Jr., a plane ride to Washington with you your battle on-line fraud and protect individual District Attorney.

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NEW YORK STATE ASSOCIATION OF this letterhead, highly recommends Ms. women are among the active judges on the CHIEFS OF POLICE, INC., Halligan as a Federal Circuit Judge. We DC Circuit. Schenectady, NY, April 27, 2011. thank you for your consideration in this We join with many other organizations Hon. PATRICK J. LEAHY, matter. such as the National District Attorneys As- Chairman, Senate Judiciary Committee, Dirksen Respectfully, sociation, the New York Women in Law En- Senate Office Building, Washington, DC. DEBORAH J. CAMPBELL, forcement and the Women’s Bar Association Hon. CHARLES E. GRASSLEY, President. of the District of Columbia in urging the Ranking Member, Senate Judiciary Committee, speedy confirmation of this outstanding Dirksen Senate Office Building, Wash- NATIONAL CENTER FOR nominee. ington, DC. WOMEN & POLICING, Very truly yours, DEAR CHAIRMAN LEAHY AND SENATOR Arlington, VA. MARY E. SHARP, GRASSLEY: On behalf of the New York State Hon. PATRICK J. LEAHY, President. Association of Chiefs of Police, I am writing Chairman, Senate Judiciary Committee, Dirksen to express our unqualified support for the Senate Office Building, Washington, DC. WOMEN’S BAR ASSOCIATION nomination of Caitlin J. Halligan for the po- Hon. CHARLES E. GRASSLEY, OF THE DISTRICT OF COLUMBIA, sition of United States Circuit Judge for the Ranking Member, Senate Judiciary Committee, Washington, DC, June 16, 2011. District of Columbia Circuit. Dirksen Senate Office Building, Wash- Re Nomination of Caitlin J. Halligan to the Our Association was founded in 1901 and ington, DC. United States Court of Appeals for the has almost 600 active members including Po- DEAR CHAIRMAN LEAHY AND SENATOR District of Columbia Circuit. lice Chiefs, Commissioners, Superintendents GRASSLEY: On behalf of the National Center Hon. PATRICK J. LEAHY, and other command level officers. Our pri- for Women and Policing (NCWP), I am writ- Chair, Dirksen Senate Office Building, Wash- mary purpose is to provide training for our ing to express our utmost support for the ington, DC. members and to serve as an information hub nomination of Caitlin J. Halligan for the po- Hon. CHARLES GRASSLEY, for them as well. We take great pride in help- sition of United States Circuit Judge for the Ranking Member, Dirksen Senate Office Build- ing to advance the cause of professional po- District of Columbia Circuit. ing, Washington, DC. licing and take very seriously our obliga- A division of the Feminist Majority Foun- tions to support individuals who we believe DEAR CHAIRMAN LEAHY AND RANKING MEM- dation, the NCWP has been working since will serve our nation’s criminal justice sys- BER GRASSLEY: On behalf of the Women’s Bar 1995 to educate criminal justice policy mak- tem well. Association of the District of Columbia An examination of Ms. Halligan’s creden- ers, the media and the public about the im- (WBA), we write to express the WBA’s enthu- tials clearly indicates to us that she is one of pacts of increasing the representation of siastic support for Caitlin J. Halligan’s nom- those individuals She has demonstrated an women in policing. Our goals include ensur- ination to the United States Court of Ap- understanding of the need for strong law ening that gender is always considered during peals for the District of Columbia Circuit. forcement to protect those in our commu- the analysis of contemporary policing issues, Ms. Halligan is exceptionally well-qualified nities least able to protect themselves. She and that law enforcement agencies strive for for the position to which she has been nomi- has extensive experience as an appellate law- gender balancing their departments. We take nated. Her confirmation would add not only yer and has worked on many important cases great pride in helping to advance the cause superior intellect, but also much needed di- being handled by the most senior courts in of professional policing and take very seri- versity to the federal appellate courts. our judicial system. ously our obligations to support individuals The WBA’s principal goal in supporting ju- Our Board of Governors who represent po- who we believe will serve our nation’s crimi- dicial candidates is to ensure the appoint- lice agencies across the State from the larg- nal justice system overall. ment of qualified judges and, consistent with est to the smallest have unanimously voted Ms. Halligan is clearly an individual we that goal, to increase the number of judges to endorse her nomination. We urge you to would want to support to serve our criminal who support the mission of the WBA. We give her the most serious consideration for justice system at the national level. Her ex- give priority in our recommendations to can- this most important appointment. tensive experience either representing cases didates with extensive litigation experience, Thank you for your attention to our inter- before the Supreme Court or arguing cases a demonstrated commitment to the equality ests and please feel free to contact us if we before the state and federal appellate courts of all litigants, and an attention to women’s may ever be of assistance. whether as the Solicitor General for New needs and concerns. The WBA evaluates each Respectfully, York State, the Counsel for New York Coun- candidate for endorsement by reviewing his JOHN P. GREBERT, ty’s District Attorney Office or for private or her resume and other supporting docu- Executive Director. practice is impressive. Her pro bono work on mentation, and by discussing, with ref- the memorial for the World Trade Center is erences the candidate’s qualifications, integ- NEW YORK honorable. She is clearly a person of solid rity, temperament, experience, and commit- WOMEN IN LAW ENFORCEMENT, standing and integrity a person we would ment to the concepts of equal opportunity Albany, NY, May 31, 2011. want serving the people at one of our highest and equal justice under law. Hon. PATRICK J. LEAHY, courts. Ms. Halligan is without question emi- Chairman, Senate Judiciary Committee, Dirksen We are confident she would provide fair nently qualified to join the D.C. Circuit Senate Office Building, Washington, DC. and equal justice and therefore respectfully Court of Appeals. Her academic and legal Hon. CHARLES E. GRASSLEY, request your consideration for Ms. Halligan credentials are of the highest caliber. Ms. Ranking Member, Senate Judiciary Committee, for this critical appointment. Halligan’s legal career began at Georgetown Dirksen Senate Office Building, Wash- Respectfully, University Law Center, where she graduated ington, DC. MARGARET MOORE, Order of the Coif and was Managing Editor of DEAR CHAIRMAN LEAHY AND SENATOR Director. the Georgetown Law Review. She subse- GRASSLEY: On behalf of the New York, quently clerked for Judge Patricia M. Wald Women in Law Enforcement (NYWLE), I am NATIONAL CONFERENCE on the D.C. Circuit Court of Appeals, and writing to express our support for the nomi- OF WOMEN’S BAR ASSOCIATIONS, later for Justice Stephen G. Breyer of the nation of Caitlin J. Halligan for the position Portland, OR, June 23, 2011. United States Supreme Court. The majority of United States Circuit Judge for the Dis- Re Nomination of Caitlin J. Halligan to the of her outstanding legal career has been fo- trict of Columbia Circuit. United States Court of Appeals for the cused upon public service. From 2001–2006, The primary mission of NYWLE is to sup- District of Columbia Circuit. port the recruitment, retention and pro- she served as Solicitor General of the State Hon. PATRICK J. LEAHY, motion of women within the criminal justice of New York, and she currently serves as Chair, Dirksen Senate Office Building, Wash- General Counsel to the New York County system. It is with enthusiasm that we sup- ington, DC. port the appointment of Ms. Halligan, a per- District Attorney’s office. In between, Ms. Hon. CHARLES GRASSLEY, Halligan headed the appellate practice at son of nobility and integrity to this honor- Ranking Member, Dirksen Senate Office Build- able position. Weil, Gotshal and Manges, LLP. She has ing, Washington, DC. Her vast experience arguing cases before served as counsel of record for a party or both state and federal appellate courts cou- DEAR CHAIRMAN LEAHY AND RANKING MEM- amicus at the certiorari or merits stage in pled with her rapid advancement in her ca- BER GRASSLEY: On behalf of the National more than 40 matters in the United States reer speak to her elevated level of intel- Conference of Women’s Bar Associations, we Supreme Court. She has also argued five ligence and integrity. Her pro bono work on write to express our enthusiastic support for cases before the Court, including as recently the memorial for the World Trade Center the nomination of Caitlin J. Halligan to the as March 2011, and won awards from the Na- demonstrates her noble commitment to United States Court of Appeals for the Dis- tional Association of Attorneys General in doing what is right for individuals in need. trict of Columbia Circuit. five consecutive years as New York’s Solic- She exemplifies all the characteristics of a Ms. Halligan’s broad experience, public itor General. person we would want to serve the people of service and intellect make her well suited to Ms. Halligan’s contributions to the legal this country in such a crucial judgeship. the federal appellate bench, and her appoint- profession have extended well beyond her In summary, the Board of the NYWLE, ment would add much needed diversity to day job. She has taught as an adjunct pro- whose 19 names and positions are outlined on the federal court, where currently only three fessor at Georgetown University Law Center,

VerDate Mar 15 2010 02:44 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.006 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8356 CONGRESSIONAL RECORD — SENATE December 6, 2011 and as a Lecturer in Law at Columbia Law Assuming Ms. Halligan is confirmed, the Today we have the opportunity to fill School. Ms. Halligan has also made signifi- D.C. Circuit will still have two open seats, to one of these vacancies on the DC Cir- cant pro bono contributions, serving as a which Obama should nominate Mr. Estrada cuit, often called the second most im- member of the Boards of Directors of the Na- and Goodwin Liu. Both Mr. Estrada (a Bush portant court in the entire United tional Center for Law and Economic Justice nominee) and Mr. Liu (an Obama nominee) and the Fund for Modern Courts, as pro bono are brilliant lawyers, and both were blocked States. The caseload of the DC Circuit counsel to the Board of Directors of the by tit-for-tat Senate politics. Such a move has remained consistent since 2005, Lower Manhattan Development Corporation, by Mr. Obama could soften the gridlock that while the number of cases per judge has and as counsel for Hurricane Katrina and has plagued judicial nominations for so increased by 33 percent. If Ms. Halligan Rita evacuees before the Fifth Circuit. many years. is confirmed, it will reduce that case- Through her activities, Ms. Halligan has JEFF LUOMA, load from its current level of approxi- demonstrated a commitment to the concepts North Bethesda. mately 161 pending cases to approxi- of equal opportunity and equal justice under In addition to all of the reasons that The mately 143 per judge, still substantially law both inside and outside the courtroom. Post’s editorial cited in urging that the Sen- higher than during the previous admin- Given her record of achievement and ate confirm Caitlin J. Halligan, one other breadth of experience, it is not surprising important factor is that this outstanding istration. that Ms. Halligan has received a unanimous nominee would be only the sixth female The DC Circuit Court of Appeals re- rating of Well-Qualified from the ABA’s judge in the 118-year history of the U.S. views complicated decisions and rule- Standing Committee on the Federal Judici- Court of Appeals for the D.C. Circuit, thus making of many Federal agencies and ary, the highest rating available. She has the adding to the court’s diversity. in recent years has handled some of the support of numerous organizations, includ- Eight months is far too long to deprive the most important terrorism and deten- ing the District Attorneys Association of the D.C. Circuit of a nominee of Ms. Halligan’s tion cases since the horrific attacks on State of New York, the National District At- talents; the Senate should vote Tuesday to September 11. These cases are complex, torneys Association, the New York State As- cut off debate on her nomination and vote sociation of Chiefs of Police, the New York immediately afterward to confirm her. requiring additional time to allow for State Sheriffs Association, the New York MARCIA D. GREENBERGER, the consideration they demand. Women in Law Enforcement, and the Na- Washington. Many of my colleagues have raised tional Center for Women & Policing. In addi- Mr. LEAHY. Madam President, I sug- concerns with positions Ms. Halligan tion, a bi-partisan group of prominent appel- gest the absence of a quorum, and I ask advocated while solicitor general of late practitioners that includes Cliff Sloan, New York. She filed briefs at the direc- Sri Srinivasan, Miguel Estrada, Carter Phil- unanimous consent that the time during the quorum be equally divided. tion of the Attorney General. She was lips and numerous others has submitted an not promoting her own personal views. enthusiastic letter praising the abilities and The ACTING PRESIDENT pro tem- character of Ms. Halligan and expressing pore. Without objection, it is so or- Many of these cases focused explicitly their unanimous belief that ‘‘Caitlin is an dered. on New York State’s rights to govern outstanding selection for the D.C. Circuit.’’ The clerk will call the roll. in traditional State law areas. Beyond Ms. Halligan’s obvious qualifica- The assistant legislative clerk pro- Caitlin Halligan is a woman of superb tions, we must note that her confirmation ceeded to call the roll. intellect, a history of laudable achieve- would add much needed diversity to the fed- Mr. LEAHY. Madam President, I ask ments, and a record of outstanding eral bench. Out of 179 seats on the federal ap- unanimous consent that the order for public service. Not only does she de- pellate courts, only 50 are currently held by serve an up-or-down vote, but on the women. The D.C. Circuit has eleven author- the quorum call be rescinded. ized judgeships, with two current vacancies, The ACTING PRESIDENT pro tem- merits she deserves the full support of but only three women are among the active pore. Without objection, it is so or- the Senate. I ask my colleagues to judges. Ms. Halligan possesses impeccable dered. allow for an up-or-down vote on Caitlin credentials and would be a worthy addition Mr. LEAHY. I see the distinguished Halligan’s nomination. Let’s debate to the DC Circuit. Senator from New York on the floor, Ms. Halligan on her merits. She de- For all of these reasons, the WBA is proud and I have a feeling that she will have serves nothing less. to support Caitlin Halligan’s nomination, a statement of support of this superb Madam President, I yield the floor. and strongly urges the Senate to vote to con- The ACTING PRESIDENT pro tem- firm her to the United States Court of Ap- nominee. peals for the District of Columbia Circuit. I yield the floor. pore. The Senator from Utah. She is a superlative lawyer with a broad The ACTING PRESIDENT pro tem- Mr. LEE. Madam President, I rise to range of experience, and her commitment to pore. The Senator from New York. speak today in opposition to the nomi- fairness, stellar intellect, judicious tempera- Mrs. GILLIBRAND. Madam Presi- nation of Caitlin Halligan to be a judge ment, and principled nature make Ms. dent, I am very proud to support the in the U.S. Court of Appeals for the DC Halligan a superb nominee. If you have any nomination of Caitlin Halligan to the Circuit. questions regarding this letter of support, U.S. Court of Appeals for the District The DC Circuit is arguably the most please contact the WBA office. of Columbia. important Federal appellate court in Sincerely, Caitlin Halligan has distinguished our Federal judicial system, with pri- MONICA G. PARHAM, President. herself through her commitment to mary responsibility to review adminis- fairness, reasoned intellect, personal trative decisions made by countless [From the Washington Post, Dec. 5, 2011] ethics, and a profound respect for the Federal departments and agencies. It PUT CAITLIN HALLIGAN AND OTHERS ON THE law. Unfortunately, it appears that has also served in many instances as a D.C. CIRCUIT some of my colleagues are determined steppingstone for judges who are later The Nov. 23 editorial ‘‘Time to Pass Judg- to criticize her, regardless of the facts appointed to the U.S. Supreme Court. ment’’ argued that the Senate should con- or her record. The major concern seems As a result, the Senate has historically firm Caitlin J. Halligan to a seat on the U.S. to be the workload demands for the DC very closely scrutinized nominees to Court of Appeals for the D.C. Circuit. I fully Circuit. This is not a reason to oppose the DC Circuit. agree. Ms. Halligan has excellent qualifica- this candidate’s nomination. When evaluating particular nomi- tions and appears to be an extremely bright In 2008, the Senate acted to reduce nees, we have also carefully considered and capable judicial candidate. It seems, the number of seats on the DC Circuit the need for additional judges on that however, that Senate Republicans have one major problem with Ms. Halligan: She looks from 12 to 11, increasing the caseload court. too much like a future Supreme Court nomi- for each of the judges. Currently, there In July 2006, President Bush nominee. That is the same problem Senate Demo- are only eight active judges on the DC nated an eminently qualified lawyer, crats had with Miguel A. Estrada when they Circuit, leaving the bench more than 27 Peter Keisler, to fill a seat on the DC blocked his appointment to the D.C. Circuit. percent vacant. That means the U.S. Circuit. Mr. Keisler is among the very The Halligan and Estrada nominations are Circuit Court currently has three va- finest attorneys in the country. Be- just two examples of the petty and unneces- cancies—three vacancies on a court cause of his nonideological approach to sary charade that is the current Senate judi- that is currently handling more than the law, Mr. Keisler enjoys broad bipar- cial confirmation process. Though this problem is decades old, perhaps President Obama 1,200 cases; three vacancies on a court tisan support throughout the legal pro- could make a bold effort at bilateral disar- that handles some of the most com- fession. Despite these unassailable mament and prove his bipartisan bona fides plicated decisions, including terrorism legal qualifications, Democratic Sen- at the same time. cases. ators blocked his nomination. He did

VerDate Mar 15 2010 02:44 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.012 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8357 not receive any floor consideration my colleagues to oppose her confirma- I said: I join you in that because I am whatsoever, not even a cloture vote, tion. not going to be able to vote for the Re- and his nomination languished in the Madam President, I yield the floor publican bill that cuts Social Security Judiciary Committee. At the time, a and I suggest the absence of a quorum. contributions. number of Democratic Senators sent a The ACTING PRESIDENT pro tem- So the two of us voted pro-Social Se- letter to the Judiciary Committee pore. The clerk will call the roll. curity and against the legislation be- chairman arguing that a nominee to The assistant legislative clerk pro- fore us. the DC Circuit ‘‘should under no cir- ceeded to call the roll. I am very worried that we are forget- cumstances be considered, much less Mr. LEE. Madam President, I ask ting the lessons that are currently confirmed, before we first address the unanimous consent that the order for playing out in Europe on this subject. very need for that judgeship’’—the the quorum call be rescinded. As Margaret Thatcher said, ‘‘Eventu- judgeship he would occupy. These Sen- The ACTING PRESIDENT pro tem- ally socialists run out of other people’s ators specifically argued that a DC Cir- pore. Without objection, it is so or- money.’’ The collapse of European so- cuit’s comparatively moderate case- dered. cialism underscores the lesson that you load in 2006 simply did not justify the Mr. LEE. I ask unanimous consent cannot run a retirement system with- confirmation of an additional judge to that the quorum call be divided equal- out contributions. that court. ly. We know already that the Social Se- Five years have now passed and Ms. The ACTING PRESIDENT pro tem- curity system is running slightly in Halligan has been nominated to that pore. Without objection, it is so or- the red. Contributions into the system very same seat on the DC Circuit. But dered. are going to run $10 billion behind the the court’s caseload remains as mini- Mr. LEE. I note the absence of a cost of honoring benefits to seniors. mal as it did then. According to the quorum. But under this legislation we would Administrative Office of U.S. Courts, The ACTING PRESIDENT pro tem- underfund Social Security by $250 bil- the DC Circuit caseload per judge is ap- pore. The clerk will call the roll. lion. We would increase the tide of red proximately one-fourth that of most The assistant legislative clerk pro- ink to Social Security by 20 times. I other Federal courts of appeals. In each ceeded to call the roll. think that is a mistake. of the past 2 years, the DC Circuit has Mr. KIRK. Mr. President, I ask unan- AARP tells us that Social Security is cancelled regularly scheduled argu- imous consent that the order for the not a welfare program, it is a retirement dates due to lack of pending quorum call be rescinded. ment security program paid by the cases. For several years the court has The PRESIDING OFFICER (Mr. contributions of workers and we should experienced a decline in workload in TESTER). Without objection, it is so or- run this program with the contribution terms of total filings, actions per ac- dered. of workers. tive judge, and pending appeals. Al- Mr. SCHUMER. Reserving the right Remember, if we make this decision most every metric indicates the same to object, Mr. President, I believe we to cut contributions to Social Secu- direction. Indeed, since 2006, when have a set number of minutes left to rity, we replace those contributions Democrats blocked Mr. Keisler’s nomi- discuss the nominee, Caitlin Joan with government bonds, but the gov- nation, the total number of appeals Halligan, which is the subject here? ernment bonds we would ask seniors to filed in the DC Circuit has decreased— The PRESIDING OFFICER. The Sen- trust no longer have a triple-A credit decreased—by 12 percent. ator is correct. rating from Standard & Poor’s. It is ba- According to the Democrats’ own Mr. SCHUMER. How much time does sically asking seniors to trust us. standards, and particularly when there the majority have? When you look at the details of the The PRESIDING OFFICER. Eight are judicial emergencies in other Democratic bill and the Republican courts across the country, now is not minutes. bill, you see another disturbing trend. Mr. SCHUMER. Mr. President, I ask the time to confirm another judge to The Democratic and Republican bills that the final 8 minutes before we vote the DC Circuit. It is most certainly not both depend on revenue streams that be reserved for that and that the Sen- the time for us to consider confirming take many years to repay what is lost ator from Illinois be allowed to speak a controversial nominee with a record to Social Security. Under the Repub- as in morning business for 5 minutes. of extreme views of the law and the lican bill, there are promised cuts The PRESIDING OFFICER. Is there Constitution. Many of my colleagues which could be reversed by a future ad- objection? Without objection, it is so have discussed these views, so I will ministration or Congress. It takes ordered. until 2018 to repay the senior citizens limit myself this morning to one exam- The Senator from Illinois. ple. what has been lost in Social Security In 2003, while serving as solicitor gen- SOCIAL SECURITY contributions under the trust fund. eral of New York, Ms. Halligan ap- Mr. KIRK. Mr. President, I wish to Under the Democratic bill, there was a proved and signed a legal brief arguing speak as in morning business to talk political tax on millionaires, and it that handgun manufacturers, whole- about the big issue pending before the takes until 2021 to repay seniors. salers, and retailers should be held lia- Senate, which is the potential legisla- The message that Senator MANCHIN ble for criminal actions that individ- tion by Republicans or Democrats to and I had, as one Democrat and one Re- uals commit with those guns. Three cut contributions to Social Security. I publican, is, how about not charging years later, in 2006, Ms. Halligan filed a am very worried because in the legisla- seniors? How about not causing a tide brief alleging that handgun manufac- tion we considered last week, we had of red ink to Social Security? How turers were guilty of creating a public proposals to cut contributions to So- about making sure we maintain con- nuisance—that they, themselves, were cial Security by $250 billion. This was tributions to that program? Seniors guilty of creating a public nuisance. legislation proposed by Democratic have enough to worry about right now. Such an activist approach is both be- leaders and then a separate piece of They should not have to worry about wildering and inconsistent with the legislation by Republican leaders. I the future solvency of Social Security. original understanding of the second think that legislation was a mistake One analyst described how, under the amendment and the rights under the on both sides. legislation, it requires temporary bor- second amendment that American citi- We have precious few bipartisan in- rowing of an additional $240 billion for zens enjoy. stitutions or contacts in this Senate. the Federal budget. I am worried that In conclusion, as measured by the Senator MANCHIN and I—one Demo- kind of borrowing could trigger an ear- Democrats’ own standards and their cratic and one Republican Senator, lier loss of the debt limit of the United prior actions, now is not the time to both freshmen—meet every Thursday States, so we could trigger the battle confirm another judge to the DC Cir- for lunch. At our Thursday lunch last we all expect for next January to actu- cuit, and it is certainly not the time to week, Senator MANCHIN initially said: I ally happen—ominously for the Presi- consider such a controversial nominee am having difficulty. I don’t think I dent, prior to the election—if this leg- for that important court. am going to be able to vote for the islation would pass. For these reasons, I cannot support Democratic bill to cut Social Security Common sense should prevail, that Ms. Halligan’s nomination, and urge contributions. we should run a retirement security

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Why then are we speeding towards Mr. HATCH. I rise today in opposi- worry about Congress underfunding the confirmation here? tion to the nomination of Caitlin trust fund for Social Security. We Since that statement, even with this Halligan to the U.S. Court of Appeals should say to seniors: We are not re- seat still vacant, statistics from the for the DC Circuit. I reached this con- placing solid contributions coming in Administrative Office of the U.S. clusion after applying the same stand- from workers with bonds that no Courts show that the caseload of the ard I use for all judicial nominations. longer have a AAA credit rating from DC Circuit has actually continued to The Senate owes some deference to the Standard & Poor’s. decrease markedly over the last sev- President regarding judicial nominees I urge members of AARP to reach out eral years and that, with a smaller who are qualified by virtue of their to their leaders and say: We urge you court, more appeals were terminated legal experience and, more impor- to forcefully advocate for maintaining during this same period tantly, their judicial philosophy. I adequate contributions to Social Secu- This decrease is evident in both the want to briefly mention a few of the rity; that we don’t think promises of a total number of appeals filed and the reasons why this controversial nomi- millionaire’s tax that repays the debts total number of appeals pending. Spe- nee fails to meet this standard. One hallmark of an activist judicial until 2021 or spending cuts that repay cifically, the total number of appeals philosophy is trying to use the courts the debts until 2018 are something we filed in the DC Circuit decreased by to solve problems or address issues can fully trust. more than 14 percent between 2005, that properly belong in the legislative So I urge Members of this body to when 1,379 appeals were filed, and branch. Both as solicitor general of maintain adequate contributions to So- 2010—the latest complete year for New York and in private practice, Ms. cial Security, to defeat both the Re- which statistics are available—when Halligan argued that gun manufactur- publican and Democratic bills, to learn 1,178 appeals were filed. Meanwhile, ers should be held liable for the illegal the lessons of Europe that we need to with a smaller court, more appeals use of their products. She argued that maintain a retirement security system were terminated during this period. illegally possessed handguns are a so- with adequate contributions, and that The total number of appeals pending called public nuisance for which manu- we should not sink the Social Security was reduced from 1,463 appeals to 1,293 facturers should be held responsible. trust fund in a wave of red ink on gim- appeals. This is a decrease of nearly 12 The New York Court of Appeals re- mick legislation which already would percent. jected this radical theory and properly The shrinking workload is also dem- impinge the credit of the United States concluded that such social problems to a degree that it should not be im- onstrated in the per-panel and per- should be addressed by the legislative pinged any further. judge statistics. Filings per panel and or executive branches rather than the With that I yield the floor, and I filings per judge show a decline of near- judicial branch. thank my senior colleague from New ly 7 percent during this period as well. Undeterred, Ms. Halligan next went York. Pending appeals per panel dropped over to Federal court to challenge the con- Ms. COLLINS. Mr. President, I rise 9 percent. Interestingly, the DC Circuit stitutionality of the Protection of today to speak on the nomination of ranks last among the circuit courts in Lawful Commerce in Arms Act. Con- Caitlin Halligan to be a judge of the 2010 in this category. That means it has gress enacted that statute so that man- U.S. Circuit Court for the District of the lightest workload per panel. ufacturers would not be held liable for Columbia. Given the declining workloads, the the illegal use of their products. That I have carefully considered the back- Senate should be debating reducing the measure passed the House and the Sen- ground of this nominee and undertaken staffing for this court, not filling a va- ate by at least a 2-to-1 margin. In this a full review of her public record as cancy. With our massive deficit, belts body, 14 Democrats voted for the bill, well as the records of the Judiciary being tightened everywhere, and crit- including 10 who still serve today. As Committee hearings. I have also looked ical vacancies existing on other Fed- had the New York Court of Appeals, closely at the actual staffing needs of eral courts, why should we spend the the U.S. Court of Appeals for the Sec- the court to which she has been nomi- resources—estimated at over $1 million ond Circuit rejected Ms. Halligan’s po- nated. While my review leads me to a year—to fill this seat? Why are we sition, upholding the statute and dis- conclude that Ms. Halligan is well eating up legislative time debating a missing the litigation. qualified, I am not convinced that the nominee we likely don’t need, instead Ms. Halligan has also taken extreme workload of the court justifies filling of moving forward to nominees for va- positions regarding the war on ter- the seat, and on that basis, I oppose the cancies that have become judicial rorism. I know that liberals do not nomination. emergencies and demand more imme- even want to call it that today, but the This vacancy has existed since 2005 diate attention? reality is that we remain at war when then-Judge John Roberts was ele- It is discouraging to note that now against foreign terrorists bent on mur- vated to the Supreme Court. In June that the candidate for this seat is a dering American civilians. Ms. 2006, President Bush nominated Peter Democratic nominee and not a Repub- Halligan would give captured terror- Keisler to fill the seat. Despite Mr. lican, all of my friends on the other ists, who are making war on the United Keisler’s strong qualifications, Demo- side of the aisle seem to have forgotten States, access to civilian courts, a crats held up his nomination for a total their concerns about the caseload, even right never before recognized in Amer- of 918 days; it eventually had to be though the court’s own statistics show ican history. Ms. Halligan was a mem- withdrawn. it has markedly declined. In fact, when ber of a New York City bar committee Central to their objection to Mr. the Senator from Iowa, Mr. GRASSLEY, that issued a report on the indefinite Keisler’s nomination was their conten- recently sought to amend a judicial detention of enemy combatants. This is tion that the court’s caseload did not staffing bill before the Judiciary Com- particularly important because the DC justify filling the vacancy. As ex- mittee this last October to cut a seat Circuit, to which Ms. Halligan has been pressed by a Democratic Judiciary on the DC Circuit, Committee Demo- nominated, is the most important Committee member during Mr. crats voted it down. lower court for terrorism cases. She did Keisler’s confirmation hearing and Mr. President, given the facts, I firm- not abstain from signing the report, as later reiterated by all eight committee ly believe that filling this vacancy be- four other committee members did, Democrats in a letter to the chairman fore we determine whether the position and so its content and conclusions can urging the nomination be put on hold: is or is not superfluous to the court’s be attributed to her. We are putting the cart before the horse needs, is indeed, as Judiciary Com- She argued in that report that the here. . . . Here are the questions that just mittee Democrats noted in 2006, ‘‘put- authorization for use of military force,

VerDate Mar 15 2010 02:44 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.014 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8359 or AUMF, does not authorize long-term In addition to her troubling record, it Confirming a well-qualified nominee detention of enemy combatants and is worth noting that the position to like Ms. Halligan would also be another that alien terrorists should be tried in which Ms. Halligan has been nominated step toward expanding the diversity of civilian courts rather than in military hardly fits the category of a judicial our Federal bench. Today, women hold commissions. The Supreme Court and emergency. The Senate has this year 30 percent of Federal judicial seats— the Obama administration have since already confirmed nearly 20 percent from district courts to the Supreme rejected or abandoned such positions. more judges than the annual average Court—the most at any time in this After the Supreme Court held, in over the past couple of decades, with, I Nation’s history. While this progress is Hamdi v. Rumsfeld, that the AUMF am sure, more to come. We have paid to be celebrated, these words from Jus- does authorize military detention of particular attention to filling long- tice Sandra Day O’Connor remind us resident aliens, Ms. Halligan coau- term vacancies in jurisdictions with there is more to do: thored a brief arguing otherwise. Not heavy caseloads. Yet, between 1993 and About half of all law graduates today are until her Judiciary Committee hearing 2010, annual case filings in the DC Cir- women, and we have a tremendous number of this year did Ms. Halligan even try to cuit decreased by twice the percentage qualified women in the country who are serv- distance herself from these extreme po- that filings increased in other circuits. ing as lawyers. So they ought to be represented on the Court. sitions, something that my friends on The DC Circuit’s caseload per judge is the other side of the aisle would call a literally one-fourth what it is for other I am proud to support the nomina- confirmation conversion if she were a circuits. It has ranked last for years tion of Ms. Halligan and hope that my Republican. among all circuits in the number of ap- colleagues will join me in voting for Unfortunately, this was not the only peals filed per three-judge panel, even cloture today. example of Ms. Halligan getting behind after one of its seats was transferred to Mr. REID. Mr. President, today Re- novel rights that have no grounding in the Ninth Circuit and even with mul- publicans filibuster a judicial nominee our Constitution or legal traditions. tiple vacancies. The DC Circuit’s case- whose colleagues call her a ‘‘brilliant Ms. Halligan filed a brief in Roper v. load is lower today than when Demo- legal mind’’ with an ‘‘abiding respect Simmons arguing that evolving stand- crats used this caseload argument to for the law.’’ This nominee to the U.S. Court of ards of decency today forbid the execu- block the nomination to this court of Appeals for the DC Circuit, Caitlin tion of individuals who committed Peter Keisler, who waited more than Joan Halligan, has outstanding creden- murder before the age of 18. This is ju- 900 days without a committee vote. As my colleagues know, I do not op- tials and strong support from across dicial activism at its worst, giving pose judicial nominees often or lightly. the political spectrum. judges complete control of the Con- While Ms. Halligan appears to be an ex- She enjoys the support of a bipar- stitution that they are supposed to fol- perienced lawyer and I am sure is a fine tisan group of appellate lawyers, low. America’s Founders insisted that person, those are insufficient qualifica- former judges, law enforcement offi- the meaning of the Constitution does tions for judicial service. The most im- cials, and more than 20 former Su- not change until the people change it portant qualification is her judicial preme Court clerks. And she has been and that even judges are bound to fol- philosophy, or the kind of judge she endorsed by the National District At- low that meaning. Today, in contrast, would be. The record shows that she torneys Association, the New York As- the Supreme Court says that the mean- embraces the activist judicial approach sociation of Police Chiefs and the New ing of the Constitution is evolving and that I believe is incompatible with the York State Sheriffs Association. that judges are in charge of that evo- power and proper role of judges in our She graduated with honors from lution. system of government under a written Princeton and Georgetown University The fact that Ms. Halligan appears to Constitution. For these and for addi- Law, where she was managing editor of be solidly in that judicial activist tional reasons that my colleagues will the Georgetown Law Journal. She camp is bad enough and is alone discuss further, I cannot support her served as a law clerk to Judge Patricia grounds to oppose her nomination. Per- appointment. Wald on the DC Circuit, the court to haps sensing that such activism is Mrs. BOXER. Mr. President, I wish to which she was nominated, and to Jus- deeply unpopular among the American express my support for Caitlin tice Stephen Breyer on the Supreme people and their elected representa- Halligan, who has been nominated to Court. tives, she did an about-face at her con- the Court of Appeals for the DC Cir- She has served New York and this firmation hearing and said that the cuit. Ms. Halligan has an impressive Nation well as a public servant for Constitution should be interpreted background and broad support, and I more than a decade. based on the people’s original meaning urge my colleagues to vote for cloture Yet Republicans filibustered her rather than on judges’ evolving under- and allow this nominee to receive an nomination. standings. So it is legitimate to ask up-or-down confirmation vote. I ask my colleagues, if this truly ex- which Ms. Halligan is the real Ms. Ms. Halligan has had a distinguished ceptional candidate isn’t qualified to Halligan—the Ms. Halligan who would career in both the private and public be a judge in the United States of create new rights, while ignoring the sectors. She has served as the solicitor America, who is? clear language of the Constitution that general of New York and as general In 2005, a bipartisan group of Sen- protects the right to bear arms, or the counsel of the New York County Dis- ators came to an agreement to protect Ms. Halligan who at the last minute trict Attorney’s Office. She has also the Senate as an institution and the has become a convert to originalism? been a senior appellate lawyer at the right of the minority to influence de- I think her record speaks for itself. nationally recognized law firm of Weil bate. Democrats and Republicans Ms. Halligan also filed a brief in Gotshal. She has argued five cases be- averted the so-called nuclear option by Scheidler v. National Organization for fore the Supreme Court, where she also agreeing that the minority’s right to Women arguing that pro-life protesters clerked after law school. It is no won- block judicial nominees would be pre- should be prosecuted under the Federal der the ABA unanimously rated her served but it would be exercised only in racketeering statute because they ‘‘well-qualified’’—the highest ranking extraordinary circumstances. somehow commit extortion. Her argu- to serve on the DC Circuit. I am concerned that today the Sen- ment would require the courts literally In addition to impressive credentials, ate is backing away from that agree- to rewrite both the racketeering stat- Ms. Halligan has broad support. The ment. Ms. Halligan’s nomination does ute and the extortion statute and is an- National District Attorneys Associa- not meet the standard of an extraor- other example of Ms. Halligan seeking tion and district attorneys from the dinary circumstance that agreement to pursue her political agenda in the State of New York, including Repub- envisioned. judicial rather than in the legislative licans Derek Champagne, Daniel Dono- Republicans, now in the minority, branch. I believe instead that the polit- van, and William Fitzpatrick, support will block a talented, experienced ical ends do not justify the judicial her nomination. She is also supported nominee with broad bipartisan support means and, thankfully, the Supreme by the New York Association of Chiefs to please a few ideological extremists. Court voted 8 to 1 to reject her posi- of Police and the New York State Sher- The PRESIDING OFFICER. The Sen- tion. iff’s Association. ator from New York.

VerDate Mar 15 2010 01:36 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.016 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8360 CONGRESSIONAL RECORD — SENATE December 6, 2011 Mr. SCHUMER. Mr. President, I ask Gang of 14 agreement null and void. I ents had to be attributed to his own unanimous consent to be recognized for was not a party to that agreement, but views? Of course not. the remainder of the time if no one it would be impossible to deny that it I wish to rebut some of the things I from the minority side is here to speak has guided this body’s consideration of heard on this floor this morning about against this nomination. judges since 2005 under both Demo- particular cases. First, while she did The PRESIDING OFFICER. Without cratic and Republican Presidents. If represent the State of New York objection, it is so ordered. Republicans are going to suddenly junk against gun manufacturers, those cases Mr. SCHUMER. Mr. President, I rise that 6-year armistice, it could risk were made moot by congressional law. this morning in support of the Presi- throwing the Senate into chaos on ju- In her hearing, Halligan recognized dent’s first and only nominee to the dicial nominees. Senate Republicans this and said unequivocally that she U.S. Court of Appeals for the District seem to want to declare open season supports the individual right to bear of Columbia Circuit. for filibusters again—at least at the arms. Caitlin J. Halligan is a nominee any court of appeals level. Admittedly, and Second, it is simply wrong to suggest president of any party would be proud gladly, things as of late have gotten that Caitlin Halligan is somehow out- of. I know from speaking to her and much better at the district court level. side the mainstream on immigration from getting to know her over the last But the defeat of Caitlin Halligan because she filed a brief advocating year—and it has been over a year since would throw into chaos nominations at that businesses should not be rewarded she was nominated—that she has the circuit court level for a long time for hiring illegal immigrants by get- earned this honor. She has earned it to come. ting out of the requirement that back- through dint of hard work and native Any attempt to paint Caitlin pay should be awarded when the work- intelligence. Importantly, Halligan has Halligan as so far out of the main- ers are exploited. Again, this was a dedicated most of her professional life stream that she presents an ‘‘extraor- brief filed on behalf of a client, not rep- to government service. dinary circumstance’’ is twisting her resenting her own view. I challenge anyone in this Chamber record far beyond recognition. Any at- Third, in the case of al-Marri, there to think hard about what we are look- tempt to do so would make any nomi- is no argument that Halligan did any- ing for in a judge to the second most nee, by a Democratic or a Republican thing other than make arguments on important court in the land. If they do, President, susceptible to that unfair behalf of a client that were well within they must conclude that Caitlin charge. the mainstream. The administration Halligan deserves an up-or-down vote. I have always said ideology matters, abandoned the case and then charged Does the President have to nominate but I have also said candidates need al-Marri in civilian court—no different a political conservative to clear the only to be mainstream—not too far than the argument Halligan was mak- hurdle? Halligan is clearly a mod- right, not too far left. I don’t like ing. erate—far more moderate than many nominees who are at the extremes, left Why are we arguing about whether on my side would choose if they were or right, because they tend to be she deserves an up-or-down vote? Be- nominating on their own without an ideologues who want to make law not cause, frankly, as with the Supreme advise-and-consent process. Does the interpret and follow law. Well, Court, this is part of the attempt of the President have to nominate a lawyer Halligan fits the bill of a moderate, far right to pull the DC Circuit further who has practiced law in the shadows, mainstream nominee precisely, to a and further away from the main- never addressing a major legal issue of ‘‘T.’’ stream. Many conservatives tend to importance to the Nation in her entire Halligan has spent her career in gov- decry ‘‘liberal judicial activism.’’ But career? Because the only arguments ernment in both political and plenty of what they really want is judicial activ- against Caitlin Halligan are ‘‘gotcha’’ nonpolitical positions. She has worked ism of the right. They don’t want law- arguments that simply take little as a lawyer’s lawyer and has expressed yers to be down the middle and inter- snippets of what she did in past law few views on public issues. She has pret law; they want to change the way practice representing clients, not her written virtually nothing, but at her the whole government has operated for own views, and say ‘‘gotcha.’’ hearing she did answer questions. She decades through the one unelected In 2005, 14 of my colleagues formed acknowledged that Executive power ex- body, the article III body, the judici- what was called the Gang of 14. In tends to indefinite detention of enemy ary. order to reduce filibusters and over- combatants during time of war—some- A truly moderate judicial philosophy come the push to change Senate rules thing that might be disputed among shows respect for Congress, for execu- to get rid of the filibuster, this bipar- mainstream Members of this body, par- tive agencies that interpret the law, tisan group agreed not to filibuster any ticularly if they were citizens picked and for well-settled understandings nominees who did not present ‘‘ex- up on American soil. We just had that that the American people commonly traordinary circumstances.’’ debate. hold about democracy. There is not a Now, ‘‘extraordinary circumstances’’ She acknowledged she would act with single question that Halligan adheres was not defined. But my colleague, fealty to text and original intent in in- to these principles. She has extensive Senator GRAHAM, a leader in that Gang terpreting laws and the Constitution. government experience. She under- of 14 effort, to his credit, said on the She acknowledged she believes the sec- stands the demands and rolls of the floor at the time—completely reason- ond amendment protects an individ- other branches. ably—that it meant no ideological at- ual’s right to bear arms, thereby vindi- She has been a responsible and rig- tacks. Senator GRAHAM said: cating the Heller case, and she ac- orous advocate for all of her clients, in- Ideological attacks are not an extraor- knowledged that the eighth amend- cluding the people of New York. I have dinary circumstance. To me, it would have ment protects the constitutionality of no doubt that as a judge she will be a to be a character problem, an ethics prob- the death penalty. responsible and rigorous advocate for lem, so allegations about the qualifications Some of my colleagues have tried to the rule of law. Anyone who has lis- of a person, not an ideological bent. paint Halligan because she has filed tened to her answer an hour of ques- Caitlin Halligan does not have a briefs on behalf of clients, and they say tions in the committee and read her re- character problem or an ethics prob- that somehow indicates she would be sponses to the 150 questions that were lem. No one has alleged she does. It is an activist judge. First, I wish to point submitted for the record cannot doubt that simple. So if this body cannot in- out that she is not the first nominee to but that she has an even and modest voke cloture on her nomination today, come before the Senate and state that temperament and philosophy in her ap- the Gang of 14 agreement, it would the views in the briefs she writes of her proach to legal questions. seem to me, would be violated. clients are not her own. Guess who did Let me cite one example: When she The approach taken by Senate Re- it regularly and repeatedly. Now-Chief was asked by Senator GRASSLEY her publicans will have lasting con- Justice Roberts. view of deference to the legislative sequences beyond this one nomination. Did Democrats filibuster Justice branch, here is how she responded: It seems to me that a vote against this Roberts because he did that? Did we I think that the job of a judge is to exam- nominee is a vote that declares the say the views he wrote on behalf of cli- ine the constitutionality of a statute when a

VerDate Mar 15 2010 01:36 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.018 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8361 constitutional challenge is presented, but I Mr. SCHUMER. Mr. President, I ask The clerk will call the roll. think that authority has to be exercised very unanimous consent that I be given 11⁄2 The bill clerk called the roll. sparingly and very carefully. more minutes to finish this point. Mr. HATCH (when his name was Time and time again she answered The PRESIDING OFFICER. Without called). Present. similarly with clear and unambiguous objection, it is so ordered. The yeas and nays resulted—yeas 54, answers. Mr. SCHUMER. When we confirmed nays 45, as follows: Some of my colleagues have accused President Bush’s nominee to the 11th [Rollcall Vote No. 222 Ex.] Halligan of lacking candor in her an- seat in 2005, Thomas Griffith, his con- YEAS — 54 swers. Well, I have sat through a lot of firmation resulted in there being 121 hearings for nominees to Federal pending cases per judge. We did not Akaka Hagan Murray Baucus Harkin Nelson (NE) courts of appeals, and I know evasion hear a peep out of the other side that Begich Inouye Nelson (FL) when I see it. Halligan was not evasive. that was too low. Yet today there are Bennet Johnson (SD) Pryor Some of the same people who say she 161 cases per judge. With Halligan’s Bingaman Kerry Reed lacked candor still defend Miguel Blumenthal Klobuchar Reid confirmation, it would go down to 143— Boxer Kohl Rockefeller Estrada who didn’t answer a single far more than the 121 when all my col- Brown (OH) Landrieu Sanders question because he might come before leagues on the other side of the aisle Cantwell Lautenberg Schumer them as a judge. voted for Mr. Griffith, the Republican Cardin Leahy Shaheen She answered questions thoughtfully Carper Levin Stabenow nominee of President Bush. So there is Casey Lieberman Tester and forthrightly and explained the con- no reason to argue about caseload. Conrad Manchin Udall (CO) text of any past statements that might The fact is, if we cannot confirm Coons McCaskill Udall (NM) have seemed to have contradicted her Durbin Menendez Warner Halligan, this will not go down as a Feinstein Merkley Webb current views. vote about caseload, this will be re- Franken Mikulski Whitehouse This morning, some of my colleagues corded as a new bar for nominees. Gillibrand Murkowski Wyden on the other side of the aisle pointed to In conclusion, when Caitlin Halligan NAYS—45 two things that she did not write to try drove with her father from her home in to indicate she has activist views. Alexander DeMint McCain Kansas City to Harvard or when she Ayotte Enzi McConnell First, she gave a speech in 2003 on be- was a standout student at Georgetown Barrasso Graham Moran half of her boss, Elliott Spitzer, that Law School or when she started her Blunt Grassley Paul she did not write herself. In fact, she work for the New York Attorney Gen- Boozman Heller Portman stepped in at the last minute to give Brown (MA) Hoeven Risch eral’s Office, I am sure she could not Burr Hutchison Roberts the speech when he could not make it. have imagined that someday she would Chambliss Inhofe Rubio She did not write it, and she clarified be the topic of a debate in the U.S. Coats Isakson Sessions at the time that it did not reflect her Coburn Johanns Shelby Senate about whether she was too rad- Cochran Johnson (WI) Snowe personal views. ical or lacked the candor to be a judge. Collins Kirk Thune Second, she was a member of a com- I hope that when we vote and the de- Corker Kyl Toomey mittee that issued a report on Execu- bate is over, my colleagues recognize Cornyn Lee Vitter tive power and enemy combatants. She the truth here: Halligan is a sterling Crapo Lugar Wicker explained in the committee she hadn’t example of a public servant who has ANSWERED ‘‘PRESENT’’—1 seen the report and didn’t agree with worked hard, earned every honor she Hatch either its content or its tone. In her has received, and fits squarely within hearing she clearly stated her views on The PRESIDING OFFICER. On this the mainstream of judicial thought. vote, the yeas are 54, the nays are 45, Executive power. This should have She deserves an up-or-down vote today, cleared up any doubt about her ability and 1 Senator responded ‘‘present.’’ and I will be proud to cast my vote for Three-fifths of the Senators duly cho- to recognize and respect the current cloture on Caitlin Halligan’s nomina- state of law. sen and sworn having not voted in the tion. affirmative, the motion is rejected. Finally, I wish to say a word about a I thank the Chair. red herring argument that has been CLOTURE MOTION f raised today—that the workload of the The PRESIDING OFFICER. Under LEGISLATIVE SESSION DC Circuit is too low to confirm the previous order, pursuant to rule Halligan. I have expressed this concern, XXII, the Chair lays before the Senate Mr. DURBIN. Mr. President, I ask too, and, in fact, in 2008 we voted to the pending cloture motion, which the unanimous consent that the Senate re- take away one of the seats in the DC clerk will state. sume legislative session. Circuit. It now has 11 judges rather The bill clerk read as follows: The PRESIDING OFFICER. Without than 12; but I, as well as many of my CLOTURE MOTION objection, it is so ordered. colleagues on both sides of the aisle We, the undersigned Senators, in accord- f have in the past reserved our concern ance with the provisions of rule XXII of the for nominees of the 11th seat and what Standing Rules of the Senate, do hereby MORNING BUSINESS was then the 12th seat. Halligan has move to bring to a close debate on the nomi- The PRESIDING OFFICER. Mr. nation of Caitlin Joan Halligan, of New been nominated for the 9th seat. There President, I ask unanimous consent are only 8 members on that court York, to be United States Circuit Judge for the District of Columbia Circuit. that the Senate proceed to a period of which now has a roster of 11. The 10th morning business until 6 p.m., with and 11th seats remain vacant. No one Harry Reid, Patrick J. Leahy, Charles E. Schumer, Christopher A. Coons, Amy Senators permitted to speak therein ever until now, on either side of the Klobuchar, Al Franken, Richard for up to 10 minutes each. aisle, has ever argued that the DC Cir- Blumenthal, Sheldon Whitehouse, The PRESIDING OFFICER. Is there cuit should have only eight judges. Richard J. Durbin, Dianne Feinstein, objection? Without objection, it is so I wonder, if control of the body Herb Kohl, Kirsten E. Gillibrand, Tom ordered. changes, which I don’t think it will, or Udall, Ron Wyden, Robert P. Casey, we get a Republican President, which I Jr., Sherrod Brown, Jeanne Shaheen. f don’t think we will, how quickly our The PRESIDING OFFICER. By unan- RECESS colleagues on the other side of the aisle imous consent, the mandatory quorum will abandon that foolish and specious call has been waived. The PRESIDING OFFICER. Under argument. The question is, Is it the sense of the the previous order, the Senate stands I am concerned that we are hearing it Senate that debate on the nomination in recess until 2:15 p.m. now for the first time because the cur- of Caitlin Joan Halligan, of New York, (Whereupon, the Senate, at 12:31 rent makeup of the court happens to to be United States Circuit Judge for p.m., recessed and reassembled at 2:15 have five Republican appointees and the District of Columbia Circuit, shall p.m. when called to order by the Pre- three Democratic nominees. be brought to a close? siding Officer (Mr. WEBB)). The PRESIDING OFFICER. The time The yeas and nays are mandatory The PRESIDING OFFICER. The Sen- of the Senator has expired. under the rule. ator from Florida.

VerDate Mar 15 2010 02:44 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.019 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8362 CONGRESSIONAL RECORD — SENATE December 6, 2011 LATIN AMERICA She is well known all over the United name of John Katz. John is a longtime Mr. NELSON of Florida. Mr. Presi- States in Hispanic circles because she public servant to the State of Alaska dent, I wanted to share with the Senate has held, as a Foreign Service officer, a who is set to retire at year’s end. John today what should be a collective out- number of posts. During the August has served Alaska for more than 40 rage because an American citizen has 2010 congressional recess, the President years, working for eight different Gov- now been held behind bars in Cuba for named her Ambassador to El Salvador. ernors, Republican and Democratic, exactly 2 years. That recess appointment is going to ex- liberals and conservatives. He once said Alan Gross was working in Cuba pire at the end of this year. he was comfortable serving so many under a contract with the U.S. Agency Before joining the State Department, different Governors because the issues for International Development. He has Ms. Aponte served as Executive Direc- for Alaska were consistent. Whether devoted his career to helping thousands tor of the Puerto Rican Federal Affairs they be responsible resource develop- of people around the world, working in Administration and president of the ment, State sovereignty, or Federal as- development for over 25 years in more very respected Hispanic National Bar sistance with infrastructure, the one than 50 countries. Association. constant figure connecting one admin- In Cuba, Alan Gross was trying to Typical of the sentiment in Florida, istration after the next over eight ad- make a difference in the lives of people an editorial in a recent Miami Herald ministrations has been John Katz. who share his Jewish faith by bringing editorial expressed support for her con- John started his career as a high them modern communication tools. firmation, saying that ‘‘her diplomatic school teacher and coach in Baltimore For that simple act, he has now lan- success has earned her the unprece- City public schools back in 1966, fol- guished in a Cuban prison for 2 years. dented support of the private sector lowing his graduation from Johns Hop- His health worsens each day and his and of the most prominent political kins University. In 1969, he earned his law degree from the University of Cali- family, of course, misses him. His wife leaders in El Salvador.’’ It was unprec- fornia at Berkeley. He then moved to Judy spoke to him just days ago and edented that three former Presidents of Alaska to work as a legislative and ad- said that Alan sounded ‘‘more hopeless El Salvador came all the way to Wash- ministrative assistant to Congressman and more depressed,’’ as one would ex- ington to show their support during her Pollock and then later for Senator Ted pect. nomination hearing. Stevens. The release of Alan Gross must re- My wife Grace and I were recently John has truly played many crucial main front and center in any discus- visited by the First Lady of El Sal- roles for the State of Alaska. He served sion with or about the Cuban regime. vador. She pointed out all of the ter- for several years as the counsel to the That is why many of us in this Cham- rible events that have taken place in Joint Federal-State Land Use Planning ber have joined in writing to the Am- her country: struggling to recover from Commission for the State of Alaska. He bassador of Cuba here—and since we the tropical depression that made land- served as special counsel to Gov. Jay don’t have diplomatic relations, that fall this past fall, the heavy rains that Hammond back in 1979, advocating the individual is called the Chief of the have caused major damage throughout State’s position on the Alaska Na- Cuban Interests Section—and asking Central America, and the 70,000 Salva- tional Interest Lands Conservation the Castro regime to immediately and dorans still living in shelters. That lit- Act, or ANILCA, to Congress. Two unconditionally release Alan Gross as a tle country faces many challenges. So years after that, he was appointed com- humanitarian gesture and a sign of if for no other reason than those I men- missioner of natural resources by Gov- compassion for his family. We have tioned, we do not want to continue into ernor Hammond. Then, in 1983, John been met, however, with stonewalling next year without our having an am- was sent by Gov. Bill Sheffield to head silence. bassador there. We need to confirm Ms. Alaska’s Washington, DC, office, and While we remember Mr. Gross and we Aponte as soon as possible so that she he has served as the liaison between keep pressure on the Castro regime, can continue exercising the necessary the State and the Federal Government the Senate must also fulfill its duties U.S. leadership. for the past 28 years—a pretty remark- toward the rest of the Western Hemi- Latin American countries continue able record, if you would consider it. sphere. A case in point: Four countries to be America’s fastest growing trade As Alaskans, we know how important in Latin America—Venezuela, Bolivia, partners. We need to continue to pro- his role has been in bridging the very Nicaragua, and Ecuador—are currently mote that trade. It helps our economy. considerable gap between our State and without a U.S. Ambassador. That is the It deepens the economic linkages. We the Federal Government—a key role job of the Senate—to confirm appoint- can explore clean energy initiatives, when more than 60 percent of Alaska’s ments of the President. In the case of and we can help them as they continue land is controlled by the Federal Gov- Venezuela, it is not because we don’t to strengthen transparency in govern- ernment. have a nominee, it is because, in fact, ment and the rule of law. We need to You could refer to John as Alaska’s we are having some trouble with the pay more attention to Latin America, fourth Congressman—his 40-year ten- Chavez government. We have been not less. Disengagement is not the an- ure in the league of the late Senator without an Assistant Secretary of swer. This is just another reason we Stevens and Representative Don State for Western Hemisphere Affairs need to confirm this nomination as YOUNG. John’s breadth of knowledge since July. It isn’t in the interest of quickly as possible for Ambassador to and understanding of Alaska’s issues the United States not to have these El Salvador. have guided him in his very unique people in place. Mr. President, I yield the floor. role. The Senate has basically 2 weeks to The PRESIDING OFFICER. The Sen- Since entering public service, John go if we get out a week before the ator from Iowa. has been involved in key issues, such as Christmas holiday—and that is an ‘‘if,’’ Mr. HARKIN. Mr. President, I sug- the passage of the landmark Alaska by the way. During this time, while we gest the absence of a quorum. Native Claims Settlement Act back in go through all of what we have to do in The PRESIDING OFFICER. The 1971, the legislation in 1976 which ex- the next 10 legislative days—such as clerk will call the roll. tended America’s fishery zones to 200 solving the doctors problem, extending The assistant bill clerk proceeded to miles which allowed for the Americani- this payroll tax cut, appropriations call the roll. zation of Alaska’s fishing fleet. There bills, extending unemployment com- Ms. MURKOWSKI. Mr. President, I was also the passage back in 1980 of the pensation for people who desperately ask unanimous consent that the order Alaska National Interest Land Con- need it, and extending a lot of the tax for the quorum call be rescinded. servation Act, the Nation’s largest con- extenders—we must also fulfill our con- The PRESIDING OFFICER. Without servation lands measure. There was the stitutional duty to consider these im- objection, it is so ordered. Alaska Railroad Transfer Act back in portant Presidential appointments. f 1983, the Tongass Timber Reform Act There is one in front of the Senate in 1990 and 30 other major pieces of leg- right now; that is, the Ambassador to RETIREMENT OF JOHN KATZ islation and hundreds of amendments El Salvador. Mari Carmen Aponte is Ms. MURKOWSKI. Mr. President, I that have greatly affected the lives of the U.S. Ambassador to El Salvador. rise today to honor a gentleman by the all Alaskans.

VerDate Mar 15 2010 01:36 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.027 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8363 What is so remarkable about John is championed oil exploration in the Arc- failed to extend benefits in the past that there is no Alaskan public policy tic National Wildlife Refuge, noting when unemployment was this high. issue he did not master, a pretty in- the potential benefits for not only But, unfortunately, in today’s hyper- credible feat there but no Alaska pub- Alaska’s economy but, more impor- partisan atmosphere, even the most lic policy issue that he did not have his tant, for America’s overall economic commonsense policies can turn into po- fingerprints on, involved with or have a and national security. While John has litical footballs, and the unemploy- mastery of. listed the failure, so far, to persuade ment insurance program seems to be In 1972, for example, he served for 2 Congress to open ANWR as perhaps one no exception. years on the Executive Advisory Com- of his biggest disappointments, he has The extreme right is on the attack, mittee of the Federal Power Commis- always stood by the factually solid ar- blaming the victims who have been the sion, making decisions on electricity guments for opening ANWR, never let- hardest hit by this economic crisis. In generation during a period of rapid ting his passionate advocacy of opening the same breath that they push for population growth in Alaska. In 1974, the coastal refuge get in the way of ob- more cuts in corporate taxes and cuts he published a legal analysis of the jectively presenting arguments to in taxes to high-income individuals, Alaska Native Claims Settlement Act Members of Congress. Republican leaders argue we can’t af- and how it should impact Native Alas- I think it is important to note John’s ford to extend unemployment benefits kans for the Joint Federal-State Land statement in his resignation letter to for people who are struggling to find a Use Planning Commission. Five years Governor Parnell. He stated the fol- job. Congresswoman BACHMANN, a can- later, he served on the Hard Rock Min- lowing: didate for President, recently went so far to say: ‘‘If anyone will not work, erals Commission of Alaska, helping to Professionally, I have become increasingly chart a course for the rebirth of our discouraged by the polarization and deterio- neither should he eat.’’ State’s mineral industry. There is ration of the public policy process at the In an economy where there are four unemployed workers for every avail- seemingly no Alaskan issue too com- Federal level. It’s the worst I’ve seen during able job, the cruelty of that comment plex or daunting for John Katz. my 43-year career. When I first met John, it was prob- That was the statement in John’s is simply astonishing. There are 13 mil- ably somewhere in the early 1980s. At resignation note. As someone who has lion unemployed Americans right now. Actually, I think the figure is probably the time, I was a staffer in the office of relied on John’s wise counsel and his a little bit higher than that. They are the speaker of the Alaska House of wisdom during my 8 years in the Sen- desperately looking for any job they Representatives in Juneau, and I was ate, I think this is a poignant remark can find, many relying on unemploy- immediately taken by the kindness of about the state of affairs in Congress. ment benefits to put food on the table this gentleman, extraordinarily polite The debate surrounding our politics for their children. to a very young staffer, but also his in- has grown more caustic, while ignoring Six million Americans will be cut off tellectual prowess that was shown the fact that while we all may take dif- this last lifeline if Congress does not whether it was a casual conversation ferent positions, we all ultimately have renew the benefits for the long-term or whether it was a detailed policy our Nation’s interests at heart. unemployed—6 million who will be cut analysis. John leaves an esteemed legacy that off right after the holiday season. I Former Gov. Tony Knowles called will benefit Alaska for decades to hope no one in this body on either side him ‘‘one of the most remarkable pub- come. We can learn so much from his of the aisle will say they deserve this lic servants I’ve ever dealt with.’’ Gov- example of what a public servant additional hardship during this holiday ernor Hammond, during the lengthy should be, and Alaska will deeply miss season. debate over ANILCA, called him truly his presence. I know I speak for all There are real people and real fami- indispensable. Senator Stevens once Alaskans in sincerely thanking John lies behind these numbers. They are said: ‘‘He’s as near a genius as I’ve for his years of dedicated service and our friends and neighbors. I have heard seen.’’ I would clearly agree with that. his pragmatic approach to faithfully from so many of these hard-working Some of his coworkers have even jok- serving the State of Alaska. I wish him people from my home State of Iowa ingly called him their own human nothing but the best in the future for and across the country. Their stories Google machine, noting that in many all his endeavors. are truly heartbreaking. cases it was more efficient, it was easi- I yield the floor and I suggest the ab- A woman from Des Moines recently er to walk down the hall and ask John sence of a quorum. wrote me: for legal and policy background, saving The PRESIDING OFFICER. The I was laid off in July 2011. I recently at- them hours of research, and John had clerk will call the roll. tended a class at the unemployment office in it all there, instant recall and as pre- Mr. HARKIN. Mr. President, I ask Des Moines, where I was informed that my cise as it could possibly be. unanimous consent that the order for unemployment will cease as of December the 31st if any extensions that are currently in Throughout his career, John served the quorum call be rescinded. place are discontinued. The average person is effectively and quietly, always prefer- The PRESIDING OFFICER. Without currently unemployed for 40 weeks, which is ring to work in the background, never objection, it is so ordered. much longer than the 26 weeks that is avail- seeking that limelight. He always pre- f able [without] any extensions. I was the sented every side of the issue, never main breadwinner in our family and if my telling any of his superiors simply EXTENDING UNEMPLOYMENT unemployment would cease before I find a what they might have wanted to hear. BENEFITS job, we would forced to be on welfare, food Mr. HARKIN. Mr. President, I rise stamps, and other government subsidies. We He truly was the consummate profes- would also lose our home. I hope that you sional, a man who never got a fact about the most important job that consider the many other people that are wrong in a briefing, in a discussion or faces the Senate in the remainder of probably in the same situation as I am and in a political strategy session. That the year; that is, extending the unem- hope that you will keep the current exten- may have been at least one of the ployment benefits for millions of un- sions in place. many reasons why he has been so hon- employed Americans struggling to find A woman from Stanton, IA, writes: ored during his career, receiving the a job. I lost a great job in June of 2010 and have highest honor of the Alaska Federation I wish I didn’t have to be down here been receiving unemployment benefits since of Natives, which is the Denali Award, talking about this today. I wish it then. . . . If not for the unemployment [ben- winning Commonwealth North’s 2008 weren’t necessary to debate whether efits], I don’t know how we would make it. I we should continue the Federal unem- continue to look for a better paying job but Walter J. Hickel Award for distin- as you probably know, Montgomery County, guished public policy leadership and re- ployment insurance program. I wish Iowa has had the highest unemployment rate ceiving more resolutions, commenda- everyone in this Chamber would ac- in Iowa. It’s been tough. . . . Will appreciate tions, and praise than most in Alaska’s knowledge that the recovery is still a your support in extending unemployment history. work in progress and that we would benefits as I continue my quest for a new po- John has built a reputation as an agree about the critical need to con- sition. Alaskan institution, always loyally tinue to support struggling workers The main reason folks need their serving our beloved State. He has and their families. We have never benefits to continue is they simply

VerDate Mar 15 2010 01:36 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.032 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8364 CONGRESSIONAL RECORD — SENATE December 6, 2011 cannot find new work, even after ex- workers. Not only have many of them shows that for every dollar of unem- hausting their benefits. There are sim- gone through their retirement savings, ployed benefits that is spent, we gen- ply not enough jobs in this struggling many have lost their home that they erate $2 in economic activity. Why is economy. How can we even think about spent decades paying a mortgage on, that? Because this money is not saved, abruptly terminating these benefits they have been unable to send their it is not put into a shoe box, it is spent right now, cutting off the last lifeline kids to college, and on top of that, they on essentials, helping businesses up to Americans in dire need? face the indignity of being passed over and down Main Street in communities A man from Estherville, IA, wrote: in favor of younger workers simply be- across the country. In addition, if un- I woke up last week to find my benefits ex- cause of their age. employment benefits are extended, we hausted but no closer to finding a job. I do Again, it is not to say that younger will save about 560,000 jobs, according everything possible to find work but nothing workers have an easy time. I have also materializes. Age-discrimination is rampant to the Economic Policy Institute. and there is nothing an individual can do many stories of young people, many By contrast, if we fail to renew these about it. . . . Right now, after working since with college degrees, who can’t find benefits, our economy will be deprived I was 12 years old, I’m facing hunger and work. They are piecing together a mea- of many billions of dollars of economic hopelessness at 57 years of age. ger existence on part-time service jobs activity next year. In the end, this will A man from West Des Moines wrote: that waste the time, effort, and money have a negative impact on overall gross I’m a home designer/architect and have they have poured into an expensive domestic product. On the one hand, been laid off three times since 2007, after education. I can’t tell you how many with benefits we boost our economy working almost 16 years at one firm. I have young people I have talked to who have with a potent return on investment, we now decided to go back to school to try to a college degree, they are not working help people in their hour of need, and find a different career in information tech- in their chosen profession, but they are we meet our moral obligations as a so- nology. I hate not having a job, and want to work but there’s just not anything out there working at mostly part-time work or ciety. But without benefits, we hurt in architecture. Everyone seems to have cir- at service-oriented jobs that they know our economy by shrinking consumer cled the wagons and are not hiring. Please will not last them a lifetime, and serv- demand, by destroying jobs, and we do help. ice-oriented jobs that pay them a pit- not meet our moral obligation as a car- A woman from Madrid, IA, writes: tance compared to what they should be ing government and a caring people. I lost my job (of 32 years) 21⁄2 years ago. I earning with their college degree. Still There is a strong economic case for lived off my severance for the first year. other workers hear they cannot be con- renewing unemployment insurance, but Then savings and then went on unemploy- sidered by employers because they I also say there is a strong human case ment. Now my unemployment has run out. I have been unemployed for too long. for extending the benefits. Where is our have had a few interview[s] without any This is so, even when a recruiter tells basic human compassion? The thought luck. I have been working part time for min- them they are perfectly well qualified of letting these benefits expire is un- imum wage and I only get 15 hours a week in. It’s the only job that I could find. for the job. conscionable, especially during this More workers want to move in order Christmas season. After looking for This is just a sampling of the letters to take advantage of a new opportunity work for at least 6 months but often we get in our office. But it is clear peo- they have heard about elsewhere but, more, many of these people already ple want to work. They desperately guess what, their house is underwater. have lost their jobs, their homes, their want to work. Later this week, the committee I Not physically. That means they owe savings, and they are now at risk of chair, the Health, Education, Labor, more on their mortgage than the house losing their last lifeline, the roughly and Pensions Committee, will hold a is worth and they cannot sell it. Or $300 a week they receive in unemploy- hearing to look at the reasons so many they have been out of work so long ment benefits. The bills do not stop coming when millions of workers who want to work they have no money left to even afford someone loses his or her job. The rent are unable to get back to new jobs to move. They cannot even afford to quickly. We will hear from experts, pack up the U-Haul and move some- or mortgage, the electricity, car pay- workers, and community leaders about place. ments—all have to be made. The fam- the barriers facing the long-term un- Still other workers have trouble with ily still has to buy food, gasoline, med- employed, especially those over the age transportation or childcare or other icine, school supplies, clothes. Unem- of 50. day-to-day issues that make it much ployment benefits are a lifeline for the But there are some things we don’t harder to get an employer to take a millions of folks who are living with- need an expert to tell us. We know peo- chance on them. Someone came up and out an income and trying to survive. ple can’t find new jobs because there said to me one time: You know, for These benefits kept more than 3 mil- are so few jobs out there. As I said, people who do not get a job, there are lion people from falling into poverty right now, more than 13 million people places in this country where there are last year. are officially counted as actively look- jobs. They can move. It is a free coun- We have a moral obligation, those of ing for work. But that is an understate- try. us privileged to serve in the Senate and ment. There are millions more people I said: What about a single mother the House, to continue the Federal un- with part-time jobs, of necessity, who who has two kids and she relies upon employment insurance programs while want full-time work, millions more on her mother as a babysitter, as a the economy continues to slowly re- top of that who have basically stopped childcare person to take care of the cover. We cannot allow these benefits looking for work because they think a kids when she is out working on a min- to expire. We cannot allow millions of job search will be fruitless. They have imum wage job, maybe part time? How our friends, neighbors, and relatives to already tried time and time again and is she going to pack up and move those sink into absolute poverty and despera- they have given up. But if they had a kids when she has, frankly, free help tion. We cannot fail to take action be- job, if they got a job, they would take from her mother? These are real bar- cause that failure will result in fami- it. riers that real people face every day of lies being put out on the street, chil- When we add up all that, with a num- their lives. dren going to bed hungry, families left ber of young people who have not en- These problems illustrate why the to shiver in the cold of their unheated tered the workforce—maybe they have long-term unemployed who are work- homes. looked for work, they can’t find it, ing hard and playing by the rules still I urge my colleagues to vote on this they are young, and especially if they cannot get a job because of the factors matter as soon as possible. During this are young and African American, the beyond their control. Rather than holiday season, it is cruel to put mil- unemployment rate soars to 30 to 40 chastising the victims, we should be lions of unemployed Americans in the percent. They can’t find a job. If we giving a hand up to people in their position of wondering how they are add that all up, we are talking about hour of greatest need and help them to going to survive come January 1 of nearly 28 million unemployed and mar- get back into the workforce. next year. Let us renew these benefits ginally employed people in America. This support is critical, not only for for another year. Let us spend the next There are many other barriers to re- the workers and families affected but year doing everything we can to re- employment. I have talked about older for our economy overall. Research build our economy, create jobs, and

VerDate Mar 15 2010 01:36 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.033 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8365 provide employment to everyone who The American automotive industry is eration. That is the highest total ever wants to work in this great Nation. coming back strong. Think about it recorded during the traditional start of I yield the floor and suggest the ab- again. In 2009, it was literally flat on the holiday shopping season. When I sence of a quorum. its back trying to recover. In Novem- was back home for Thanksgiving, I The PRESIDING OFFICER. The ber of this year, light vehicle sales heard this good news from many shop clerk will call the roll. were up 11.4 percent compared to a owners. The new Apple store in An- The legislative clerk proceeded to year ago. That is the highest sales rate chorage saw record sales, with thou- call the roll. since the 2009 Cash for Clunkers Pro- sands of shoppers coming through the Mr. BEGICH. Mr. President, I ask gram, which many here supported. door, and it was a cold weekend. Sales unanimous consent that the order for There is more good news about the on Cyber Monday—the first online the quorum call be rescinded. automobile industry. Ford says its No- shopping day after Thanksgiving week- The PRESIDING OFFICER (Mr. vember sales rose 13 percent. Chrysler end—rose 22 percent from a year ago. MANCHIN). Without objection, it is so Group reported a breathtaking Novem- Americans spent another record—$1.25 ordered. ber sales jump of 44.5 percent from a billion—on that Monday, setting again f year ago. General Motors reported it record sales for Cyber Monday. sold 7 percent more new cars and On trade, the U.S. trade deficit nar- ECONOMIC GOOD NEWS trucks in November than it did a year rowed from $44.9 billion in August to Mr. BEGICH. Mr. President, today I earlier. $43.1 billion in September. That is the rise to note some good news about the On investments and the markets, smallest trade gap since last December state of our American economy. Hard again, we have an important signal. It and the biggest 1-month improvement work clearly remains. We are still re- is not something you should always since July, according to the Commerce covering from the deepest slump since judge the economy on, but it is an im- Department. the Great Depression. But I think it is portant piece of it, and so much of mid- Housing is a critical piece of our time to appreciate our recent progress. dle class-America is tied to the mar- overall economy, and some say we are Over the past few days and weeks, ket—maybe your 529 account or your in the recession because the housing there has been plenty of positive eco- 401(k) retirement program or the per- market collapsed, but there are also nomic news. Listen to some of these sonal management of your account or, many other pieces to the equation. We headlines. From the New York Times: if you are self-employed, your SEP ac- never hear good news, we hear negative ‘‘Jobless Rate Dips to Lowest Level in count. We are all tied to it to some de- news. There is a lot of work to get new More Than 2 years.’’ From CNN: ‘‘Dow gree. home starts and current inventory off closes with largest gain since March The Dow Jones Industrial Average the market, help people who are under- 2009.’’ From Reuters: ‘‘Private-sector closed over 12,000 last Friday and water, and make sure they can stay in jobs soar, payroll forecasts rise.’’ From gained 7 percent—just in 1 week. Let their homes and receive the benefit. the Wall Street Journal: ‘‘Online Sales me take a moment to describe where The Pending Home Sales Index, a for- Reach Record $1.25 Billion on Cyber we have come from in the market. Last ward-looking indicator based on con- Monday.’’ week’s closing numbers represent a tract signings—people who are looking I know it is far too early to start to gain of about 33 percent since early at a home to purchase and maybe have celebrate, but I want to tell you a little January of 2009—when several other entered into a contract and said: I will bit about some of the details of this Members and I were sworn in to the be purchasing this home in 30, 60, or 90 news. I know back in my State of Alas- Senate. In January of 2009, the market days from now—was up 10.4 percent in ka, just like everywhere else in this still kept going down. In March of 2009, October from the month before. The country, people are still struggling to it dropped to its lowest level, a little National Association of Realtors says balance their checkbooks; that they over 6,600. Last week’s numbers rep- home sales are up more than 9 percent face tough decisions about the cost of resent a whopping 81 percent increase from the same time last year. Again, is groceries, basic health care, college since 2009. If you take the next step it as robust as we want? No. Is it better tuition for their kids, and just the and look at the S&P index, it reflects a than where it was? Absolutely. basic expenses to live. Yet the recent very similar gain—up 36 percent since Many of the policies that my col- news about our economy is very en- 2009 and, since the dark days of March leagues and I have fought for on the couraging. when it really crashed out, an 82-per- floor—a lot of times, we make deci- I want to give those specific exam- cent increase. It is important because sions and we move on. We go to the ples. On unemployment and jobs, the so much of our retirement is tied to it. next issue, and we don’t have time to Bureau of Labor Statistics says total If you read or hear the pundits and reflect on the results of the work we payrolls increased by 120,000 jobs in No- politicos here, it is always doom and are doing. In the last 21⁄2 years, since vember as the unemployment rate gloom. I wanted to come to the floor the great recession came into play, dropped to 8.6 percent—as the headline and talk about some of these issues be- there have been a lot of good things said, the lowest level in more than 2 cause we are moving in the right direc- happening. years. Also, the latest news also tion. We are moving in a positive way, As for residential construction—this marked 21 consecutive months of pri- but we don’t hear this in the news be- is, again, people building homes, pro- vate sector job growth. cause good news is not necessarily re- viding construction jobs, providing a I know some will come down and ported. It may show up one day and new tax base for communities around claim, well, that is not good enough. then disappear. When a bad thing hap- the country that need it so they can Well, I remember when I first came pens, we hear about that for a week hire police, firefighters, and teachers— here, prior to me serving in the Senate, and a half and we are here talking the Census Bureau says it was at a sea- we were averaging about 500,000 jobs about why it is so bad. But the overall sonally adjusted annual rate of $239 bil- being lost every month. numbers tell us the fundamentals are lion in October, up roughly 3.5 percent Let me repeat this one statistic: changing in a positive way. from the previous month. There have been 21 consecutive months The other piece, which is consumer For Alaska—again, while spending of private sector job growth—not led confidence, is important because if peo- time back home, I tried to spend time by government job growth but private ple and businesses are not confident with the small business community, sector job growth. So it is not robust, about the future, they will not invest, asking them: What is happening? What but it is growing. Again, that is posi- spend, or participate in the economy. do you sense? And what is your con- tive news. But it is better. fidence level? I had a meeting with a Manufacturing activity climbed in Last month, the Conference Board’s group of small business owners, and November, according to the Institute Consumer Confidence Index rose to 56.0 one got a loan from the SBA recently. for Supply Management. Its indicators percent, its highest level since July. He took advantage of the low cost we tell us manufacturing is continuing to Americans spent $52.4 billion over the were able to implement through legis- expand—another strong signal of over- four-day Thanksgiving Day weekend, lation we pass here. It helped him get all economic growth. according to the National Retail Fed- into a new restaurant. Now he employs

VerDate Mar 15 2010 02:44 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.034 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8366 CONGRESSIONAL RECORD — SENATE December 6, 2011 120 people in my community in Alas- local economies—again, the small busi- is larger than we like to acknowledge ka—Anchorage. Another owner of a nesses that I traveled to, a couple of it is. Our European friends on the other video production company had one of them with my son and his cousin, side of the Atlantic are wrestling with the best years ever, and he is doing House of Hobbies and the Bosco store. their debt problems, and many of those work for corporate clients who are While they were playing all the games nations—most of those nations—have willing to spend money. for free, playing the race cars and all debt less than we do as a percentage of These are all very positive develop- that stuff and looking at baseball GDP. We know, from every expert we ments. Now, as we approach the end of cards, I was asking the clerk: What have heard testify before the Budget the year, we in this Chamber need to does it feel like? There is no question Committee, on which I serve as rank- do our part to keep the momentum that they said there is a change in the ing member, that we must change our moving forward. People watch us, and economy in the positive. That is be- path. We are on an unsustainable path, we squabble over many issues. As I cause in Alaska, for example, these and we cannot continue on it. mentioned, all this good news is be- 400,000 people had $300 million in their Time after time we have had hear- cause of the work a slim majority did pockets—not the IRS putting it into ings and have heard from experts tell- over the last 3 years in this body be- the Treasury, but they had it and they ing us we have to alter our debt trajec- cause we believe in the future, in what spent it. And I will be frank about it— tory. We have to get on a sound path. the potential is of this great country in after my son and my nephew, his cous- Perhaps it will be a tougher path for a which we live. Maybe some had dif- in, spent that time on the free road few years, a harder road, but it is the ferent views on what could happen. We there playing with toys, I spent some right road, and the road that will lead believed in what is possible. These sta- money to help my small businesses and to soundness in our economy. Pros- tistics show us that belief is now pay- the economy. That is what it is about. perity and growth is what we need. The debt commission President ing off. This tax cut put $110 billion into the Obama appointed, headed by Mr. Er- As I look at where we are today, we American economy this year. Let me skine Bowles and Senator Alan Simp- need to continue to make these smart say that again—$110 billion. It is son, told us we are on a path to the public policy decisions that create a money that could go to the IRS or to most predictable financial crisis the sound economy. We need to do it as middle-class Americans. I think the Nation has ever been on. They were best we can in a bipartisan way. What choice is very clear as to who should saying that the unsustainable trajec- I am talking about now is extending benefit from those dollars. tory of the this country’s debt will lead the tax cut for middle-class American We were elected—as I was from Alas- us to some sort of economic catas- families, continuing the tax relief, giv- ka—to represent all Americans, not trophe. It will knock us back into a re- ing a reduction in our payroll taxes, just those at the top end but the people cession, put us back to where we were which is due to expire at the end of the who work every day, those whom we in 2007 or 2008, or like what Europe is year. see on a regular basis when we go back Before any of us leave Washington facing right now. They pleaded with us home or walk out of this building or to do something about it. later this month for the holidays, we actually in this building, the people The debt commission laid out a plan. clearly have to resolve this issue. In spending time every day working hard I don’t agree with everything in the my opinion, we have no choice, and to move this economy forward. It is plan, but it said, at a minimum—and here is why: Unless Congress takes ac- our obligation to continue to do what there was bipartisan agreement on tion, the average middle-class family we can to make their lives a little bit this—the debt should be reduced. The will be hit by a $1,000 tax increase better by lessening their burden of added debt we incur over the next 10 starting January 1. taxes and giving them the tax relief years should be reduced by at least $4 Economists of all political stripes that they deserve and that we should trillion. They said we should reduce have called this tax cut critical for be able to give to them as January 1 the growth of our debt by at least $4 America’s continued economic growth. rolls around. trillion. They say that letting it lapse could I hope that, as we move toward the So in the last two meetings in the push us back into a deep recession. holiday season, we can continue to give Budget Control Act, it looks as if we Truly, that would be unforgivable the gift of tax relief to the middle-class achieved about $2.1 trillion, not $4 tril- based on where we are today and how Americans—to my 400,000 folks back in lion, but they all said we needed more far we have come in a short time—al- Alaska and all of the small businesses than that, because the increase in our most 3 years now. in Alaska that have benefited. Let’s do debt over the next 10 years would be Some on the other side of the polit- what is right and do it in a bipartisan about $8 trillion to $10 trillion. That is ical aisle seem unsure about renewing way and move forward in giving con- the increase on top of the $15 trillion the tax relief—the tax cut aimed at tinued tax relief to middle-class Ameri- we have already incurred. This past fis- middle-class families and small busi- cans. cal year, which ended on September 30, nesses—this after fighting for massive I yield the floor and suggest the ab- we will have added $1.23 trillion to our tax cuts for the wealthy in our deficit sence of a quorum. debt; the year before that, $1.3 trillion, reduction talks. If they block this tax The PRESIDING OFFICER (Mr. the year before that, $1.2 trillion—the cut, about 160 million families will get FRANKEN). The clerk will call the roll. only three times in history we have the news during the holidays that their The bill clerk proceeded to call the had deficits over $1 trillion. It is a very taxes are going up on January 1. That roll. serious situation. is simply not fair. It makes no sense Mr. SESSIONS. Madam President, I So we have a speech. I just have to just when the economic indicators, as I ask unanimous consent that the order say, we tried to look at the speech to mentioned, are looking so positive. for the quorum call be rescinded. see what it is that the President has As I said, if we don’t act, a typical The ACTING PRESIDENT pro tem- proposed. He is our leader, our Com- family making $50,000 a year would see pore. Without objection, it is so or- mander in Chief. We only have one their taxes increase about $1,000. But if dered. Chief Executive, one Governor, one we pass the middle-class tax cut in f mayor. I see Senator MANCHIN here. He 2011, for the 2012 tax year, that same was a Governor. He had to manage the THE ECONOMY family will get a total tax cut of $1,500. State and exercise leadership. Not only would they see the thousand, Mr. SESSIONS. Madam President, I So what is it this Executive, our but they would get something addi- understand the President made another President, is proposing that we do? tional because of the way we drafted speech today, and the speeches he has Well, it is pretty clear. It appears that this. been giving lately are clever political he is proposing that we spend next year Most of that money will go directly documents. It is pretty clear his focus $324 billion more than we planned to into the economy. In Alaska, roughly has shifted from governing to cam- spend. He calls it a tax cut or main- 400,000 people benefited from the tax paigning, with about a year from now taining a tax cut. In truth, it is a holi- cut this year, and they used it to pump until election day. But our Nation is in day from paying into our Social Secu- about $300 million into the State and a serious financial condition. Our debt rity pension that all Americans pay

VerDate Mar 15 2010 02:07 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.036 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8367 into as they work. It is a holiday from through carefully where we are headed, I supported and worked with my that. and I don’t see anything in this speech Democratic colleagues, and we passed Well, where does the money come today that will lay out a 2-year, 5-year, in this Senate—but the President from? We have a trust fund, Social Se- 10-year plan for making America a didn’t support it—legislation to de- curity, that we pay into, and we have a stronger and better place. mand that China treat its currency in promised benefit when we retire. We But, we are told, the President cares a fair way to eliminate the currency want to honor that and make sure the about the middle class; and if we ques- manipulation they have been partici- Social Security trust fund is able to tion any of these schemes, then we pating in and to eliminate the unfair honor that. How do we not pay into it don’t care about working Americans. I hammering, savaging of American in- without hurting or damaging the So- reject that. That is offensive to me. I dustry that is occurring in this country cial Security trust fund? totally believe that I represent the as a result of unfair trade. That is very They say: Well, don’t worry. We will cross-section of people in my State and real. It has to end, and the President put the money in. Who is ‘‘we’’? Well, America. I love and respect the work- needs to be leading on that. It would ‘‘we’’ is the United States Treasury. ing people of this country, and they are create jobs in our country without add- The United States Treasury will put entitled to better. They are entitled to ing to our debt. the money in. But the Treasury is pro- leadership that tells them the truth. Finally, the greatest threat to our jected by the Congressional Budget Of- The truth is that we are endangering economic growth and to our job cre- fice to run a $1 trillion deficit this their future and their children’s future ation in America is the debt itself. It is year, a little bit better than the $1.23 by allowing the most incredible debt the cloud over our economy. We have trillion deficit that we ran last year. increases that the Nation has ever to do more about it. So we are running a $1 trillion def- seen, and that has to be brought under There is one more thing I would men- icit. We don’t have any money in the control. tion; that is, tax simplification and tax Treasury to pay to Social Security. So It is offensive to suggest that if alteration. Not to necessarily get less how do we honor the Social Security someone has a different view about taxes but to create the tax revenue trust fund? How do we put the money how to create jobs and wealth in Amer- that the government takes in in a way in? Well, we give bonds. Just an IOU. ica, they don’t care about the people that does not damage the economy. The United States Treasury, as easy as who make America great, people who Create a tax simplification plan that pie, signs a document, an IOU, gives it go to work every day, people who send would encourage economic growth and to Social Security, and says: You are their children to defend this country prosperity and not pull down economic made whole. Don’t worry; no problem. and pay their taxes and obey the law growth and prosperity. So once we What? Me worry? We have it under con- and do things right and support those have done those things, we begin to trol. Where does this come from? who are in trouble and need help. focus on reducing our surging debt. If Social Security is on a trajectory I would propose this, more specifi- we do it steadfastly, like Governors all that is going to call this debt. The cally—and I think the Republican plan over America—Governor Bentley in trustees are going to need this money touches these very issues in an effec- Alabama is having to face challenges to pay our beneficiaries, and they are tive way that would, in fact, increase and is making tough decisions. But the going to call the debt to the United and enhance job creation and economic State is still operating. It hasn’t sunk States Treasury and the United States growth in America. into the ocean. Neither has New Jer- Treasury is going to have to pay it, in First, we need policies that reduce sey. Neither have other States. Even my opinion, unless we totally abandon the cost of energy for Americans. We New York and others are beginning to our responsibility to the seniors in have an Energy Department and an In- confront their debt situation and make America. I don’t think we will. So we terior Department that seem to believe tough choices. are going to pay that money, and it is their goal in life should be to drive up We are not doing it here. Our Presi- added to the debt. This year, under the the cost of energy: to make coal and dent is proposing more spending—not President’s plan, beginning in January, natural gas harder to produce, make just this $324 billion plan for this year, he will add $324 billion in debt. oil more hard to produce, make us have he is proposing to spend 10 percent What the Bowles-Simpson Commis- to buy it from abroad when we could more on the Education Department sion was all about was laying out a produce more at home, creating jobs in next year, 10 percent more on the De- plan to reduce our debt, not increase this country, creating wealth in this partment of ‘‘anti-Energy,’’ 10 percent the debt. The first thing we have to do country, creating taxpayers in this more for the State Department at a to confront a surging debt in America country. time when the country is in its most is to quit digging the hole deeper, quit We need more American energy. We severe debt crisis in its history. That is asserting new programs to spend larger need more energy at lower prices. The not responsible. This debt is a threat to and larger amounts of money. It would idea that somehow we are going to be us. also add $155 billion the second year. better off because of carbon or other If we talk to the financial experts So it would total $479 billion over the issues to have higher energy prices so and the wizards who move money first two years. we use less of it is totally unjustified, around the world, they are worried So they say: Well, we have the Treas- and it is creating an incredible burden about it. If we talk to government ex- ury figured out. We will have a tax in- on working Americans. perts such as the Secretary of the crease. We will raise taxes, and over 10 We need to end the health care pro- Treasury or the Federal Reserve Chair- years that will pay for the $479 billion posal that is clearly driving up health man or the head of the Congressional that is added to our debt right now. care costs. It is causing businesses not Budget Office, they tell us what we are There will be enough money coming to hire. I have talked to small busi- doing is dangerous, that we are on an in—don’t worry—over 10 years from nesses in my State. They assure me unsustainable path. I do not see in this this new tax. with absolute confidence that the speech today any commitment, any Well, I will just say a couple things health care bill that will be taking ef- leadership from the President on this about that. If we are going to raise fect, and is beginning to take effect, fundamental issue. The most funda- taxes, what the bipartisan Debt Com- will cause them to hire fewer people. mental failure of his leadership is not mission told us was, use it to pay down We need more people hired. We need to look the American people in the eye debt. Don’t use it to fund a new spend- more people working. We need to elimi- and to tell them honestly and truth- ing program of $479 billion. If we are nate unnecessary, counterproductive fully that we are spending too much. going to cut spending somewhere in the governmental regulations that drive up Back in Marion, AL, I was at a town program to save money, let’s begin to the costs of our products, making them meeting at somebody’s house with 30 or reduce our debt. Don’t just cut spend- less competitive in the world market- 40 people there. The oldest gentleman ing so we can create a new spending place. We need to do that. It will not there spoke last. He had fought in program. cost the Treasury any money, but it World War II. He grew up during the We have to watch what we are doing. will make America more productive Depression. He told us, in his view, it I don’t believe it has been thought and create jobs. was not the high cost of living that was

VerDate Mar 15 2010 02:07 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.039 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8368 CONGRESSIONAL RECORD — SENATE December 6, 2011 getting us in trouble but the cost of steps to truly protect our miners. By and the steel with which we build our living too high. investing more than $120 million of this Nation. I do believe we have been living too settlement in mine safety—including Without these men and women, our high, and we have been spending too improvements to existing mines, a new world would look very different. They much. The President—our leader— West Virginia safety training facility are the true backbone of our country. should be talking directly and honestly and a research trust—this agreement Our miners extracted the coal that to us and laying out a 2-year, 5-year, demonstrates that the government and powered military ships in World War I 10-year plan that will bring this deficit the company are serious about creating and World War II—and every conflict down. He should be explaining to the a true legacy of mine safety. since. American people why we are all going While nothing can replace the be- Coal provided the steel to make our to have to tighten our belts; why there loved miners who we lost that terrible country the greatest industrial power is nothing—defense or anything else— day, today’s agreement shows that we in the world, ushering in prosperity that is going to avoid having to tighten all have zero tolerance for anything that built our infrastructure and devel- its belt. We can do this and put our corporations do—or don’t do—that oped a quality of life that became and country on a sound path without hav- leads to a mine fatality. is still the envy of the world. Coal pro- ing a debt crisis that would be a trag- As I have always said, at the heart of vides nearly half of the electricity in edy of monumental proportions. this tragedy is the simple fact that we our country and every day millions of Madam President, I just wanted to must do everything in our power to homes are warm, safe and full of light share those thoughts today. This Con- never, ever allow any worker to be in thanks to coal. gress is going to have to do more than the position where this could happen to Think for a moment. Try to imagine tread water for the next year. We are them or their family. Especially since our country if there had been no coal. going to have to do more than just play today is National Miner’s Day, my It is almost inconceivable. clever political games. We are going to thoughts and prayers are with the fam- Coal is mined all over our great Na- have to deal with the threat we face di- ilies of the 29 miners who died at Upper tion. I thank all men and women every- rectly and honestly. Big Branch—and I want to assure the where who work in this industry, but I The proposal I see that was floated families that the loss of their loved can speak personally about our brave again today from the White House may ones will not be in vain. Every worker and hardworking miners in West Vir- sound good politically. But for me, as should know that when they kiss their ginia. The miners of West Virginia and one who has been looking at the num- children goodbye in the morning that their families are the heart and soul of bers, it does one thing: it increases the they will return home at the end of the Mountain State and truly an inspi- debt over the 2 years by $479 billion. that shift or the end of the day to kiss ration for me. That means probably this year’s deficit them goodnight. Extracting minerals from the earth will not be $1 trillion but probably $1.35 I thank U.S. Attorney Goodwin and is not for the faint of heart. This work trillion—1,350 billion dollars—this his entire team for their skill and dedi- requires engineering brilliance, nerves year’s deficit. We are promised that cation in negotiating this settlement of steel and fearless dedication. West there will be a tax increase that, after that focuses on safety and training in Virginia coal miners continue to set 10 years, will somehow pay for this. the future. I also thank Alpha Natural the bar for productivity, quality, and That is the kind of thinking and ac- Resources for rising to this occasion innovation. Their work ethic is second tion that has allowed this country to and meeting these terms. Even though to none. Coal miners are not looking get out of control financially, and I Alpha did not own the Upper Big for a handout. All they want is a work hope we can do better. permit so they can go to work, earn a I yield the floor. Branch mine at the time of the dis- The ACTING PRESIDENT pro tem- aster, I applaud the company for tak- good wage, and provide for their fami- pore. The Senator from West Virginia. ing responsibility for both the mis- lies. takes that were made and for investing And coal miners are much more than f in the future of mining to help prevent just the work they do—they are some NATIONAL MINER’S DAY another tragedy like this from ever of the most loyal, brave, trusted, and Mr. MANCHIN. Madam President, I taking place. I encourage them—and patriotic folks that you could ever rise today to mark a truly important all our mining companies—to continue meet. Like their fellow West Vir- day for my State, and indeed this en- to take steps to protect our miners. ginians, these folks can shake your tire nation. In addition, I am pleased that this hand, look into your eyes, and touch December 6 is National Miner’s Day, agreement does not impede the fami- your heart. Our coal miners love their a time when we stop to honor our na- lies from pursuing additional civil rem- families, the outdoors, their commu- tion’s coal miners and remember those edies and does not prevent the authori- nities and their State. These miners who have done so much to make this ties from prosecuting individuals work hard every shift, but if they get great country what we are today. whose actions may warrant criminal home and find a person in need, their These brave men and women work charges. There should be no immunity day begins again. If you are hungry, every day to meet the challenge of for anyone who is determined to be re- you will be fed; if you are lost, you will keeping our great nation free and sponsible in any way for the tragedy at get directions and then an escort to strong, and although the history of Upper Big Branch. your destination. That’s just the kind mining has been marked by hardship April 5, 2010 was one of our State’s of people we are, and that makes me so and tragedy, the bravery of our miners most heartbreaking days. I hope and proud every day to be a West Virginian has never faltered. pray that we will never again endure a and have the honor of representing It is so fitting that today we also tragedy like the Upper Big Branch them. learned—just this morning—of a land- deaths, and I will work every day to I will continue to tell our State’s mark settlement of more than $200 mil- make sure that we don’t. story when it comes to ’coal. And I will lion in one of the worst mining trage- Today we also remember the 104th constantly work with my colleagues on dies our State has faced. anniversary of the Monongah Mine both sides of aisle to develop tech- April 5, 2010, 29 miners lost their lives tragedy, our Nation’s worst mining dis- nology that allows us to continue to in the Upper Big Branch mine, which aster—one that took 362 brave souls. use American coal to help achieve en- was then owned by Massey Energy. So on this day, it is fitting to pay our ergy independence for our great coun- Today, the U.S. Attorney for the respects and show appreciation for the try—which will ensure our national se- Southern District of West Virginia, miners of yesterday and today. We curity and grow our economy. The sim- Booth Goodwin, announced an agree- need to recognize the contributions of ple fact is: This country needs coal and ment with Alpha Natural Resources, past miners who have led us to where our coal miners are still willing and the company that purchased the we are now, and today’s miners who able to do the job. Massey mines. keep traveling deep into the darkness So today it is my privilege to say This comprehensive and forward- to provide millions of Americans with thank you for the job that our brave looking settlement takes the right the electricity that powers our lives coal miners perform. This Nation was

VerDate Mar 15 2010 02:44 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.040 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8369 built on the backs of our coal miners, drove our economy into the ditch just By failing to give the CFPB a Director, and all of us should thank them not a few short years ago. a confirmed Director, we are actually only today but every single day of the When we look back at the financial reducing oversight of predatory lending year, and every year to come. collapse in 2008, many of us still cannot and deceptive banking practices. These I suggest the absence of a quorum. believe the largest banks and financial are practices that in no way help our The ACTING PRESIDENT pro tem- institutions in our country were able economy or our economic recovery. pore. The clerk will call the roll. to put our economy at such risk. As I do not think I am stretching the The legislative clerk proceeded to drastic measures had to be taken and facts saying this. Deceptive financial call the roll. billions of dollars invested in these practices continue to threaten Ameri- Mr. UDALL of Colorado. Madam firms, it certainly didn’t seem fair that cans every day, and we can do more to President, I ask unanimous consent the banks and other financial institutions ensure these abuses are brought to an order for the quorum call be rescinded. should get taxpayer help after having end. Let me focus on one particular The ACTING PRESIDENT pro tem- taken advantage of the good intentions area. pore. Without objection, it is so or- of American consumers and, as a re- Credit reporting agencies continue dered. sult, tanking our economy. their deceptive ads on Web sites with Mr. UDALL of Colorado. Madam The truth is we were forced to act in misleading names such as President, I came to the floor to speak the Congress or even worse financial www.freescore.com and about Richard Cordray’s nomination to troubles awaited us—in fact, poten- www.freecreditscore.com that lure peo- lead the Consumer Financial Protec- tially a worldwide financial depression. ple into a costly credit monitoring tion Bureau, but I wish to acknowledge That is why the Congress created the service. They do not offer free credit the remarks of Senator MANCHIN. We CFPB, to ensure that kind of abuse scores at all. Instead, what they do is have coal miners in my great State of never happens again. When we passed they take the person’s credit card num- Colorado. They are particularly lo- the Wall Street Reform Act, Congress ber and then they begin charging them cated in the northwestern section of made clear its intent to create a a monthly fee. It is a similar hustle our State. They are hardworking. They watchdog with the responsibility to that many other too-good-to-be-true are patriotic. make the financial marketplace safe Web sites offer. The problem is this de- We have some of the cleanest coal in for consumers. ceptive ad strikes at the heart of the world. It is used all over our coun- I think the Presiding Officer would America’s personal financial health. A try and exported to many countries agree that is something we should all person starts by doing the responsible around the world. want, to make sure Americans are not thing—trying to check their credit I thank him for his remarks and for being taken advantage of by big busi- score—but the next thing they know drawing attention to their accomplish- nesses and Wall Street bankers, to en- their credit card is being charged and ments and their contributions to sure someone is looking out for the lit- they don’t have that important data America. tle guy, to ensure there is slightly tied to their credit score. Mr. MANCHIN. I thank my colleague. more of a level playing field for the The point I am trying to make is f Americans who play by the rules. without a confirmed director, the Unfortunately, it is not. Many of our CFPB has diminished power to inves- NOMINATION OF RICHARD colleagues are raising a host of issues tigate the actions of the major credit CORDRAY related to one central argument, that reporting agencies and pull down these Mr. UDALL of Colorado. Madam the CFPB will not be accountable to kinds of deceptive ads. That doesn’t President, I come to the floor to put in Congress and it will go hog wild in its make any sense to me. It is sort of a word for Richard Cordray, who has efforts to look out for hard-working what Coloradans have been asking me, been nominated to lead the Consumer Americans. Yes, that is right. They along these lines: When are you guys in Financial Protection Bureau, which is argue the CFPB will have too much DC, when are you guys in the Senate otherwise known as the CFPB. Nearly 2 power to protect consumers. I know going to side with us and stop always months ago, I urged our leaders to that seems strange to hear, especially looking out for the big banks? prioritize a vote on the nominee be- after the banking sector abuses nearly In these tough economic times, we cause without a Director of the CFPB, sent our economy down an irrecover- need to do all we can to block such dis- there is important consumer protec- able path and millions of Americans honest advertisements and help em- tion work being left undone. It is work saw many of their investments and power consumers to avoid these finan- that would benefit hard-working Colo- much of their net worth disappear cial traps. The CFPB is the best way to radans, those citizens of New Hamp- overnight. But, yes, some of our col- accomplish these important goals, but shire, and families all across our Na- leagues actually want to weaken the it needs a director to be able to act. tion. consumer protections that were in- As some watching today know, and I I wish to begin my remarks by cluded in the Wall Street reform bill hope Coloradans know, the Wall Street thanking both the majority leader and which, by the way, is the law of the reform bill contained a bipartisan pro- the Republican leader for moving to land. In order to make sure that hap- vision I authored that now requires this important nomination. After hav- pens, they vow to block, to filibuster lenders and other creditors to actually ing done that, I wish to turn and speak all nominees to head the CFPB, regard- provide consumers a free credit score directly to Coloradans and any other less of who they are. There have been when their score is used to deny them Americans who may be listening. We blanket statements made at the front credit or they are offered credit with get up here as Senators, and we will end of this effort that whoever the less favorable terms. talk about this agency or that agency. nominee is, that person will be I authored this provision because Frankly, at times it sounds as if an al- blocked. credit scores are the most important phabet soup. But this agency is not It strikes me that by doing that, they and influential measure of a con- just another alphabet agency. The think they are going to deny the CFPB sumer’s creditworthiness. As millions CFPB may be one of the most impor- a Director and that will erode the Bu- of Americans continue to work to re- tant Federal agencies we have, and it reau’s effectiveness and make it easier pair their credit status in the wake of should be allowed to open its doors for banks to operate without limita- the Nation’s worst financial collapse fully and begin the important work of tion. That is precisely why we have to since the Great Depression, it is my be- protecting our consumers. The CFPB overcome the filibuster that is being lief that the CFPB must fully imple- was created in the Wall Street Reform waged against Mr. Cordray right now. ment its congressionally appointed and Consumer Protection Act to pro- Without his leadership and a strong oversight of consumer credit scores and tect American consumers from preda- CFPB to look after the interests of related products to stop deceptive ad- tory and unfair financial practices. It consumers, we are going to put the fi- vertisements and other setups. So I was chartered to prevent the same nancial security of hard-working will say it again: In order to carry out kinds of abuses banks and other large American families at risk and the this mission, the Senate must confirm financial firms engaged in as they country’s economic recovery at risk. a director to head the CFPB.

VerDate Mar 15 2010 02:07 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.015 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8370 CONGRESSIONAL RECORD — SENATE December 6, 2011 The Consumers Union—one of the His courageous actions in the Korean The latest example of that was all leading consumer advocates in the battlefields saved countless lives as he over the sports pages of my hometown United States—is urging Congress to ran under enemy fire to rescue wound- on Sunday: ‘‘Historic Championship: confirm Mr. Cordray so the Consumer ed soldiers. When Father Kapaun was Maryville Wins the 13th State Title— Financial Protection Bureau can tack- taken prisoner in 1950, he continued to Most Ever.’’ Our football team has le other critical consumer protections live out the Army chaplain motto: learned to work well together. They such as reducing the penalty fees and ‘‘For God and country.’’ earned their second consecutive State punitive interest rates banks can In the bitter cold of winter, Father championship, as the newspaper said. charge, requiring credit rating agencies Kapaun carried his injured comrades They beat Memphis Whitehaven. I to maintain accurate consumer credit on his back during forced marches watched the game on statewide tele- files, and investigate and fix errors re- through snow and ice, gave away his vision. Their record this year was 15 ported by consumers. I know the Pre- meager food rations, and cared for the and 0. It was their ninth State title and siding Officer has heard stories about sick who were suffering alongside him ninth perfect season under an extraor- consumers who are operating in good in the prison camp. When all else dinary coach, George Quarles, who has faith and then they come to find out looked hopeless, this simple priest won 179 games and lost 13 in his career their credit files are not accurate and from Kansas rallied his comrades, rein Maryville. This is the most State ti- they are penalized because of that situ- gardless of their faith, to persevere, tles of any school in Tennessee’s his- ation. The CFPB could require credit until his own death as a prisoner of war tory. The team scored 35 or more agencies to maintain accurate files. in 1951. This good man distinguished points in 109 of Coach Quarles’ first 191 Finally, the CFPB could police the himself by laying down his life for the games. Maryville has averaged 30 or mortgage market to stop scams sake of others. more points in 12 of its 13 seasons against consumers and prevent the re- Earlier this year, Senator ROBERTS under coach Quarles and its senior turn of the toxic loans and the dan- and I introduced legislation to award quarterback this year, Patton gerous lending practices that led to the this Kansas war hero the Medal of Robinette, who has scholarships from foreclosure crisis and, ultimately, the Honor for his acts of valor in the Ko- good schools everywhere, was named recession. rean war. The legislation would request the Gatorade Tennessee Football Play- I don’t think I am overstating the and provide the Department of Defense er of the Year, part of which has to do situation when I say there are still a and the President with the authority with his academic credentials. He has a slew of unsafe financial products and to grant this important honor. By straight A-plus average. services in the marketplace. When con- waiving the 3-year statute of limita- This leads me to the second thing sumers are lured into those traps, they tions—the timeframe in which it can they work well together on in Mary- then can get into a high-interest debt be awarded—Father Kapaun would be ville, TN. The Maryville city schools situation, and then that affects all of eligible to receive the Medal of Honor. were named the best overall school dis- Senator ROBERTS and I offered this us. It affects our economic health more trict in the State, based on their aca- legislation recently as an amendment broadly. So the CFPB would be given demic performance, by the State Col- to the Senate Defense authorization the capacity to tackle these abusive laborative on Reforming Education. bill and the amendment was unani- The Maryville city schools recently re- and deceptive practices and then be on mously approved by the Senate. I the lookout for the next breed of finan- ceived all As on their State math, read- thank Senators LEVIN and MCCAIN for ing, social studies, science, and writing cial scam. their support. My Kansas colleagues in For these reasons, it is my hope the assessments. According to the Ten- the House were also successful in in- nessean, Maryville city schools have Senate will take action quickly to con- cluding this language in the House firm Mr. Cordray’s nomination and the second highest test scores in the version of the National Defense Au- State in reading and math. The high then put in place an effective consumer thorization Act, and I ask that with school was selected as one of three fi- financial watchdog to ensure Ameri- such strong support from both Cham- nalists in the prized category of high cans get the tools they need to take bers this provision be included in this schools ‘‘based primarily on student control of their own financial destinies. year’s final Defense authorization bill. It will help our economy; it will help Father Kapaun is most deserving of achievement gains and progress over Americans; it will help small busi- the distinguished award and I am hope- time.’’ More than 80 percent of Mary- nesses. This is the right approach. ful the Secretary of Defense and Presi- ville High School students were pro- Let’s confirm this gentleman to head dent Obama will use the authority out- ficient or advanced in math, 88 percent the CFPB. lined in this legislation to give Father in reading/language arts. More than 90 I thank the Chair, and I yield the Kapaun his long overdue recognition. percent graduated in 2010 from the high floor. At this special season of the year, we school. Four seniors were National The ACTING PRESIDENT pro tem- are reminded that there are saints and Merit semifinalists. 48 percent of Mary- pore. The Senator from Kansas. heroes throughout the history of our ville High School students who took f Nation who put others above them- the ACT college prep test last year met all four benchmarks for college and ca- HONORING FATHER EMIL KAPAUN selves and live by God’s plan for their lives. May we be inspired by their ex- reer readiness—English, math, reading, Mr. MORAN. Madam President, a few ample and live our lives accordingly. and science—compared to 15 percent weeks ago, in November, in commu- Father Kapaun demonstrated that one Statewide and 25 percent nationally. nities across our country, our Nation’s person can make a difference and help So the football team and the students men and women in uniform were hon- change the world. have learned to work well together, ored on Veterans Day for their service I yield the floor. academically and athletically, at to our Nation. I wish to share a story The ACTING PRESIDENT pro tem- Maryville High School. with my colleagues of one exceptional pore. The Senator from Tennessee. How did this all happen? I know a lit- Kansas veteran who is no longer with f tle bit about this. I am a proud grad- us but whose story stands as a lasting uate, as the Presiding Officer may have tribute to the members of our Armed WORK WELL TOGETHER suspected by now, of Maryville High Forces whose courage and sacrifice pre- Mr. ALEXANDER. Madam President, School. I have wondered about this for serve our freedoms. I wish to speak this afternoon about a a long time: How could it have had Father Emil Kapaun was born in lesson that Washington, DC can learn such success in so many things? It is Pilsen, KS, in 1916 and served as a from Maryville, TN, which is my home- not the richest town in the State by a Catholic priest in the diocese of Wich- town. It is a lesson that most of us long shot. Most families in Maryville ita for 4 years before volunteering for learned in kindergarten and I learned would describe themselves as middle the U.S. Army in 1944. During the Ko- in my mother’s kindergarten, which income. rean war, he served as a chaplain for was in a converted garage in our back- One indicator of why they succeed the 8th Calvary Regiment of the First yard, and it was three words: ‘‘Work and why they achieve so much excel- Army Division. well together.’’ lence in so many ways in their schools

VerDate Mar 15 2010 02:07 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.043 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8371 is that the town devotes about 70 per- ville when I was running for President ministration, which warned that Fed- cent of its budget to its schools. It is in 20 years ago, and my friend, Bill Ben- eral agencies have done a poor job of a county where about half the citi- net, who was also a U.S. Education managing the increased volume and di- zens—50 percent of the citizens of Secretary, was chairman of my cam- versity of information that comes with 100,000 in Blount County—have a li- paign. He would say to me: LAMAR, not advances in information technology. brary card. It is a place where—at least every community in America is Mary- I commend the President for taking it was when I was there—if you get in ville, TN, and I know that. I know that. this action, and I am pleased to say trouble at school, you get in trouble at But I think a lot more could be. There that the U.S. Senate is already car- home. I can remember being called to are a lot of theories about what makes rying out the practices for its own the principal’s office and administered a good school, but I think Principal records that he has recommended for pretty stern discipline when I was in Roach may have it about right. It is a the executive branch. Over the last 10 the eighth grade, and I received the town school, and when something hap- years, the Senate has preserved an av- same treatment when I got home, even pens, everybody shows up. erage of 3,000 to 4,000 feet of textual though my father was chairman of the I think our new speaker of the house records for each Congress. Those paper school board. So there was none of this in Tennessee, Beth Harwell, had it records have been supplemented by 2.5 business about parents blaming the right too when she observed that our terabytes of electronic records. The teacher and the principal for what the State legislature finished work early. Senate’s electronic records are being child had done. They had some disagreements but preserved at the Center for Legislative But I think the school principal, who worked well together, got some results, Archives within the National Archives. is new to the town—Greg Roach—said and she said they learned in kinder- With guidance provided by the Sec- it best. I saw him being interviewed at garten to work well together, and that retary of the Senate, 75 percent of all half time during the football game last maybe that would be a good lesson for Senate committees are now engaged in Saturday night. Washington, DC. archival preservation of their digital He was asked: How did this happen? Well, I think Speaker Harwell is records. Several Senate committees How did you have this champion foot- right. The example of the Maryville have responded to the increased vol- ball team more than any other school football team and the Maryville stu- ume and complexity of electronic in the State and then you are named dents is also right. When everybody records by hiring professionally trained the best school district in the State? shows up when something is going on, archivists to appraise, describe, and How can you do that all at once? and when people work well together, transfer these materials. He said: Well, it is a town school and good things happen. Working well to- The operations of every Senate office when something happens, everybody gether—in our case, bipartisanship—is have been transformed over the last shows up. not a goal, just as working well to- decade. Our greater reliance on elec- Well, they showed up at Tennessee gether was not the goal of the football tronic communication and records sys- Tech for the football game last Satur- team. They wanted the championship. tems has increased the need for preser- day night, but they also show up at the It was not the goal of the students. vation planning. Just as the paper annual academic awards banquets. I They wanted the scholarship. But they records of the U.S. Senate, dating back have been to those, and over the last knew they had to work well together to 1789, have been carefully archived, several years it is more like a sporting as a community to get a result. records generated digitally in the 21st contest, with this student winning the They got a championship football century will require diligent attention Spanish championship and this one team. They got the best school district if they are to survive for future use. doing well in Latin and getting the in the State. Perhaps that is a lesson f same kinds of honors, awards, scholar- for the Senate as we seek to take the ships and pats on the back that foot- very difficult responsibilities we have TRIBUTE TO EARL AND OPAL ball players do. and earn the respect of the men and WILLIAMS This emphasis on excellence in edu- women of this country who hired us Mr. MCCONNELL. Mr. President, I cation and athletics is not something and sent us here to solve problems. stand today to pay tribute to a fine and new to Maryville, TN. My grandfather That is why today I would like to cel- blessed couple, Mr. and Mrs. Earl and sold his farm in the county to move ebrate the success of the championship Opal Williams of Laurel County, KY. into town so that my father could go to football team of Maryville High School Earl Williams and Opal Morgan grew school, and my aunt said my father felt and the championship school district of up less than 20 miles apart Earl at- as though he had died and gone to Maryville, TN, and suggest their lesson tended Bush High School located east heaven when he had that opportunity. of working well together might be a of London, KY, and Opal attended My father, who was an elementary good lesson for us. Hazel Green High School west of Lon- school principal after World War II, ran I yield the floor. don—yet their paths never crossed at for the city school board with four f the time. other men and women and they stayed However, when Earl was 24 years old on the board as a ticket. They were PRESERVING ELECTRONIC he set out for Kinzua, OR, some 2,500 elected every year as a ticket. They RECORDS miles away where he began working for stayed there for 25 years, with the Mr. REID. Mr. President, I was the Kinzua Pine Mills Company. ‘‘In whole objective of improving the qual- pleased to see that the President of the those days you could not get any work ity of the education in the Maryville United States has issued a memo- locally, you had to leave home and usu- city school system. randum directing executive branch ally go a long ways to find work,’’ Earl While all that was going on, my agencies to reform their records man- recalls. mother taught in the preschool pro- agement. The goal is to improve per- As fate would have it, a short time gram—really the only one in our coun- formance, promote accountability, and later Earl and Opal met after Opal ty at that time, although I think Mrs. increase government transparency by traveled to Kinzua to visit her father, Pesterfield also had a preschool pro- better documenting agency actions and who was also employed by the Kinzua gram. But Mrs. Alexander’s—I used to decisions. The President’s memo- Pine Mills Company. Eventually, Opal call it lower institution of learning— randum noted that the current Federal took a job in a local factory and de- had 25 3- and 4-year-olds and 25 5-year- records management system is based cided to stay in Kinzua. ‘‘Our courtship olds in the afternoon. She was lobbying on an outdated approach involving was about normal,’’ Opal says. ‘‘We the whole time to the school board on paper and filing cabinets, and it outdated for about a year and got married which my father served to put her out lines a framework for moving the December 22, 1949, in Goldendale, Wash- of business and start a public kinder- records management process into the ington.’’ garten, which they eventually did in digital age by including plans for pre- In December of 1954, Earl and Opal our State. serving electronic records. This issue returned home to Laurel County, KY, I used to talk about the Maryville was highlighted in a recent report of after spending 2 years in Indianapolis, schools and the community of Mary- the National Archives and Records Ad- IN. Earl began a career with Water

VerDate Mar 15 2010 02:07 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.044 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8372 CONGRESSIONAL RECORD — SENATE December 6, 2011 Softener Rental, a company Earl was a company town, everything was owned than 50 years, has contributed to and played bought into and then later purchased by the company, all the stores, even the a major role in the success of their lives and outright from his partners, while Opal houses we lived in.’’ marriage. Although both are in good health, Earl has stayed busy making a wonderful home Opal went to visit her father, who also worked for the company, and stayed on after slowed down some since retiring, but still in the house the couple built on the meeting Earl, getting a job in a local fac- goes into the office daily ‘to check on the ‘‘Old Williams’ Farm,’’ a house Earl is tory. boys.’ especially proud of. ‘‘This farm be- ‘‘Our courtship was about normal,’’ Opal ‘‘It is nice having him home,’’ Opal said. longed to the Williams family during said. ‘‘We dated for about a year and got ‘‘Before he was always working at the busi- the Civil War,’’ he boasts. married Dec. 22, 1949, in Goldendale, Wash- ness or the farm.’’ Earl and Opal were married for 7 ington.’’ Opal spends three days a week enjoying ‘‘About all there was to do in this little and caring for great-grandson Will, the lat- years before they were blessed with est boy in the Williams’ family. four children, sons David, Joe, and town was go to the movies,’’ she said. ‘‘They showed the same movie all week. So we went When Will’s mother, Amber, was asked to Phillip, and daughter Amber. The cou- once a week.’’ comment on her grandparents she said, ‘‘Eric ple is not shy about explaining that Opal recalls the company having a commu- and I were like them (referring to her grand- their children have been the highlight nity building called ‘‘The Pass Time.’’ parents), we were married seven years before of their lives. ‘‘We enjoyed our boys,’’ ‘‘On Saturday nights they had dances and Will came along. I think it is amazing to on Sunday mornings the building was have been married for so many years and the couple says, ‘‘but we were ready for raised three sons that have been very suc- a girl when Amber came along.’’ cleared out for church,’’ she said. ‘‘We didn’t care much about dancing; it was just being cessful. They were taught good work ethics These days Earl and Opal stay busy (which) they are passing on to their chil- tending to their three grandchildren together in each other’s company.’’ The couple returned to Laurel County in dren.’’ and one great-grandson several days a ‘‘It has been a good life,’’ Opal said. December 1954 after leaving Kinzua and ‘‘We have had a good married life. It does week, and Earl still drops by the office spending about two years in Indianapolis, In- daily to ‘‘check on’’ his sons. The cou- not seem like 61 years; it has went by fast,’’ diana. Earl added. ple, who have been married for over 61 After returning home Earl went to work years, claim that their faith and dedi- with Water Softener Rental. ‘‘I bought into f cation to their church, Lick Fork Com- the company in 1957 and later purchased the COMMEMORATING THE 70TH ANNI- munity Missionary Baptist, has played company from my partners,’’ he said. VERSARY OF THE JAPANESE AT- While Earl was building a successful busi- a major role in the success of their ness, Opal was making a home for the couple TACK ON PEARL HARBOR lives and marriage over the years—the in the house they built on part of the Old Mr. LUGAR. Mr. President, on De- two have been members of the church Williams’ Farm. cember 7, 70 years ago, just before 8 in for over 50 years. ‘‘It has been a good ‘‘This farm belonged to the Williams fam- the morning local time, the first wave life,’’ Opal says. ‘‘We got married 61 ily during the Civil War,’’ Earl said proudly. of 183 Japanese imperial aircraft de- years ago to stay married. We never Although their marriage and life was good, scended upon the United States naval thought of divorce like young couples the couple wished for a baby. ‘‘We were married seven years before this base at Pearl Harbor. A second wave of do today.’’ happened,’’ Opal said. 170 aircraft followed to make sure that Mr. President, Earl and Opal Wil- ‘‘We were beginning to think we were not as much damage was done as possible. liams have shared an incredible jour- going to have any children.’’ Within 2 hours, this unwarranted act of ney together, and their faith in each When asked ‘what was an important mile- aggression left four U.S. Navy battle- other, their family, and their church stone or event in their lives?’ they answered ships, three cruisers, three destroyers, has given them a wonderful story to simultaneously, ‘‘the boys.’’ an anti aircraft training ship, one share. Earl and Opal’s life together ‘‘That was probably the highlight of our minelayer and 188 U.S. aircraft deserves as an inspiration to the people marriage,’’ Earl said, ‘‘when the boys, David, Joe and Phillip, were born.’’ stroyed. The attack left devastation of Kentucky, and I wish them many ‘‘Everyone said we changed completely and havoc in its wake, taking the lives years of further happiness. The Laurel when David was born,’’ Opal said. ‘‘I don’t of 2,402 Americans and wounding 1,282. County-area publication the Sentinel know how we changed or how much, but The Imperial Japanese Navy conducted Echo recently published an article to Earl’s mother said we did.’’ this attack in order to limit U.S. mili- share the Williams’ story with the rest With only two years between the births of tary intervention capabilities in re- of our great Commonwealth. I ask Joe and Phillip, Opal referred to this almost spect to Japanese imperial ambitions unanimous consent that the full article like raising twins. in the Pacific arena. ‘‘It would have been nice to have had a be printed in the RECORD. On that day that President Roosevelt There being no objection, the article girl,’’ Opal said. ‘‘But little boys are nice too, and I enjoyed my boys.’’ so aptly said would ‘‘live in infamy,’’ was ordered to be printed in the ‘‘But, we were ready for a girl when Amber the Japanese Empire left something RECORD, as follows: came along,’’ Earl said. behind amongst the smoldering ruins [From the Sentinel Echo, Winter 2011] ‘‘We have three grandchildren, Amber, of our Navy. They left behind a unified FINDING LOVE IN A FAR OFF PLACE James and Matthew, and a great-grandson, people in which they ‘‘awakened the (By Sue Minton) Will,’’ Opal added. beast.’’ Out of the ashes of Pearl Har- Earl and Opal said their marriage had not Earl and Opal were not high-school sweet- bor was reborn an even stronger Amer- been different from most couples who have hearts. They did not know each other as ican Navy, economy, and people. been married for many years. They don’t teenagers. Both grew up in Laurel County, For the younger generations of have a magic formula to explain the success on opposite ends of the county and attended of their marriage. They just took their wed- today, Pearl Harbor was a remote rival high schools. ding vows seriously. event in an era long gone. But to peo- Earl Williams grew up east of London and ple like Army PFC. Merle Berdine, of attended Bush High School. Opal Morgan ‘‘We never thought of divorce like young grew up west of London and attended Hazel couples do today,’’ Opal said. ‘‘We got mar- Valparaiso, IN, who was sitting in the Green High School. ried 61-years ago to stay married. You have warm Hawaiian sunshine in front of his Less than 20 miles separated the two. They your differences but you work through barracks at Fort Kamehameha that may have seen each other at box suppers, the them.’’ fateful Sunday morning, this act of ag- ‘‘They should try to work their problems movies or social gatherings, but did not take gression was an attack on the present. notice. out,’’ Earl added. ‘‘Couples should not be so quick to get a Pearl Harbor wasn’t just part of his ‘‘In those days you could not get any work collective history that he shared with locally, you had to leave home and usually divorce. If everything does not fall into place go a long ways to find work,’’ Earl said. for them, they’d get divorced,’’ she added. his nation, it became part of his per- For 24-year-old Earl this was Kinzua, Or- ‘‘But there are some situations when a di- sonal history, shaping and defining egon. vorce is the only way.’’ him. At 7:54 a.m. Merle was a soldier And it was in this lumber company-built Opal feels it is important for young wives going through his daily routine and town, 2,500 miles from home, that Earl did to develop their own lives and interests. finishing up his 1-year rotation at ‘‘Married couples should be able to work to- take notice of Opal. Pearl Harbor. At 7:55 a.m. he was a The couple met in Kinzua where Earl was gether, but women need their independence.’’ working for the Kinzua Pine Mills Company. Their faith and dedication to their church, man under attack in a nation at war, ‘‘Kinzua, Oregon, was built by and for the Lick Fork Community Missionary Baptist, digging a trench to withstand the bom- Kinzua Pine Mills Company,’’ Earl said. ‘‘It where they have been members for more bardment and wondering whether he

VerDate Mar 15 2010 02:07 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.006 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8373 was going to see his family again. By 11 force. Since 2003, 4,474 have been killed Mission Continues is fundamentally a.m., he was dealing with a new rein Iraq operations, and 1,733 have been changing the way our Nation welcomes ality, one in which he was saying good- killed in Afghanistan since 2001. home our servicemembers. In addition bye to more than 2,000 of his brothers. These men and women continue to to the fellowship program, they are Within 24 hours, he was a soldier for a answer the call to serve a cause greater contributing to comprehensive aca- nation at war with Japan, within 48 than themselves, as those men did that demic research, have established inno- hours, that war had grown. fateful day in Pearl Harbor 70 years vative partnerships between public and We as a nation oftentimes take the ago. I ask my colleagues to join me in private organizations that support our sacrifice Merle and his fellow service- humbly honoring Private First Class veterans in their transition, and pro- members have made for granted. They Berdine and all those who have and vide an experienced voice as the Nation sacrificed their time, their personal continue to serve our Nation in uni- tackles veterans’ issues. health, and far too often their lives to form for their inspirational service. I encourage my colleagues in the let us as a nation live free and prosper. f Senate to recognize the work that The Without their sacrifices we would be Mission Continues performs every day. ADDITIONAL STATEMENTS living in a very different world today As a nation, we are all invested in the and no amount of gratitude can ever be post-military careers of the men and enough. But we must try, and we must, RECOGNIZING THE MISSION women in uniform who have defended most importantly, remember. CONTINUES our country. I encourage all Members I am proud to say that, at last count, to stand with The Mission Continues as ∑ 60 of these heroes who experienced the Mr. BLUNT. Mr. President, on Vet- they challenge our veterans to be cit- horror of Pearl Harbor call Indiana erans Day, November 11, 2011, I was for- izen leaders in their communities.∑ home. But, as with all World War II tunate enough to attend a service veterans, this proud generation is project at Walnut Grove Elementary f shrinking. Just last year, six Pearl School in St. Louis, MO, alongside nearly 100 veteran and civilian volun- CELEBRATING THE PUBLIC Harbor veterans passed away in our SERVICE OF DR. HAL COHEN State. According to the Pearl Harbor teers. These volunteers recognized that Survivors, only 25 of them are able to Veterans Day is not just an oppor- ∑ Mr. CARDIN. Mr. President, today I be active members of their community. tunity to thank veterans but also an rise to celebrate the distinguished ca- The rapid decline and increasing immo- opportunity to recognize them as the reer of Dr. Hal Cohen, an internation- bility of this generation poses many civic assets they are and to dem- ally renowned economist and professor, dangers to the memory of Pearl Har- onstrate that their skills and leader- devoted husband, father, and grand- bor. ship are very much needed in our com- father, and my good friend. Today, we remember their sacrifice, munities. This group spent nearly 7 Harold Allen Cohen was born in New we discuss the events of the day, the hours working on a wide variety of aca- York on April 21, 1938. After earning lessons of history are reviewed, we col- demic and artistic projects that will his B.A. from the college that is now lectively remember, and, if you know a improve the learning environment at known as SUNY-Binghamton and his veteran of Pearl Harbor, we should Walnut Grove Elementary. M.A. from Cornell University, Hal slow down and listen before the oppor- This experience was only possible began his career in health care financ- tunity passes. through a Missouri organization called ing and public policy by earning a Since 2002, I have been leading the ef- The Mission Continues, headquartered Ph.D. from Cornell University in 1967. fort in Indiana to record oral history in St. Louis. Founded in 2007 after CEO After completing his education, he was interviews with Pearl Harbor survivors Eric Greitens returned home from serv- awarded a prestigious fellowship with and all veterans as part of the Library ice in Iraq as a Navy SEAL, The Mis- the National Science Foundation from of Congress Veterans History Project. sion Continues is the only national 1969 to 1971, which he followed with a In addition to the stories of 104 Hoosier nonprofit dedicated to empowering year-long stint as an associate at the Pearl Harbor survivors already post-9/11 veterans to rebuild purpose Danforth Foundation while teaching archived at the Library of Congress, I through community service. They have economics at the University of Geor- have submitted the histories of over recognized that many veterans strug- gia, first as an assistant and then as an 10,000 veterans for permanent inclusion gle to find purpose at home without associate professor. in our national history. As a veteran of the structure, mission, and camara- Hal then took a position that would the U.S. Navy, I know the memories derie of a military unit. The Mission come to define his career. In 1972, he and life changing experiences gained Continues challenges our veterans to moved to Baltimore to become the ex- from serving our country, and I am apply their military skill sets to ad- ecutive director and founding member pleased to help ensure that Hoosier dress critical needs within our commu- of the Health Services Cost Review veterans are able to record their per- nities by serving as citizen leaders. Commission, or HSCRC, the State sonal stories so that we can all learn This unique approach gives veterans agency that regulates hospital rates in about and appreciate their tremendous renewed purpose and strengthens our Maryland. As a member of the Mary- sacrifice. communities for future generations. land House of Delegates, I worked One of the most important lessons of The Mission Continues engages post- closely with Dr. Cohen during the Pearl Harbor was that the adversaries 9/11 veterans to serve in their commu- formative years of the HSCRC, and of the United States are multiple and nities through 28-week service fellow- while he is quick to say that he was active. We learned that we must al- ships at nonprofit organizations. This surrounded by a tremendous group of ways be prepared. On September 11, fellowship program provides our former colleagues, it was his leadership that 2001, we were painfully reminded of military men and women with the op- cemented the HSCRC as a Maryland in- these lessons. portunity to translate their military stitution. His insight was and con- As we recognize these historical experience into civilian skills. To date, tinues to be invaluable in containing events, I call attention to the 97,800 The Mission Continues has awarded hospital cost growth. Dr. Cohen worked military personnel who today are on nearly 200 successful fellowships in 30 to ensure that hospitals could provide the ground in Afghanistan, with a total States and the District of Columbia. efficient, high quality care to every of 129,200 deployed to the region aboard Additionally, the organization recog- Marylander as he focused on ensuring ships at sea, on bases, and at air sta- nizes our veterans as civic assets and that hospital financing options were tions in the region supporting Oper- brings veterans and civilians together fair, accessible and equitable. Since ation Enduring Freedom. We are down to serve their country by leading in 1976, the HSCRC has financed nearly $1 now to only about 12,500 military per- their local communities. billion in uncompensated care, improv- sonnel deployed to Iraq, yet some 79,105 We must remind ourselves that while ing access for underinsured and unin- are still deployed to the region aboard our veterans are often told ‘‘thank sured Marylanders, and supporting hos- ships at sea, on bases, and air stations you,’’ they also need to hear, ‘‘we still pitals’ social mission while providing in support of the redeployment of that need you.’’ Through their work, The them greater financial stability.

VerDate Mar 15 2010 02:07 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06DE6.030 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8374 CONGRESSIONAL RECORD — SENATE December 6, 2011 Since 1977, Maryland hospitals have to live. His essential leadership was nization in my State that helps provide been paid on the basis of the rates es- crucial in building the HSCRC as a these children with a safe environment tablished by the HSCRC, ensuring that force for fairness in health care pricing and a nurturing family. Maryland’s health costs are kept low, and for expanding patient access to The Children’s Home Society has and that its health system is tailored health care. I thank him for his long served West Virginia for 115 years. This to the needs of its citizens. Under Hal’s service, and I congratulate him on his organization has 12 locations all across leadership, the State of Maryland has many years of putting the people of our State that work to meet one crit- saved over $47 billion since 1976. The Maryland first—he is a public servant ical mission: finding homes for chil- HSCRC has been essential in ensuring of the highest caliber, and I am proud dren who don’t have a loving place to that each hospital in Maryland pro- to call him my trusted advisor and live. vides comprehensive care that includes dear friend.∑ I have always said the best invest- assistance for the underinsured, as well ment we can make in our country is an f as incorporating teaching and research investment in the next generation, and programs into the structure of the hos- TRIBUTE TO NANCY BERGMANN that starts with making sure each of pital center. ∑ Mr. CRAPO. Mr. President, my col- our children has a place to call home. As Executive Director of the HSCRC, league Senator JIM RISCH joins me That is why the work of the Children’s Dr. Cohen ushered the organization today in recognizing Nancy Berg- Home Society is so important. through its first 15 years. He worked to mann’s retirement after 26 years of More than 400 children in my home ensure that the agency would work dedicated and effective service. State of West Virginia are currently well with Maryland hospitals, the For the past 18 years, Nancy has rep- living in a foster home. For many of Maryland State Legislature, and most resented the Idaho National Labora- them, it is the first time they have received a safe place to live and loving importantly, for Maryland’s citizens in tory, INL, in promoting economic de- care. The Children’s Home Society has a transparent and accountable fashion. velopment, expanding technology busi- worked tirelessly on their behalf. Their The independent nature of the HSCRC ness sectors and creating under- programs range from emergency shel- allows the agency the ability to advo- standing about the nuclear and energy cate for and support a legislative agen- ters to foster and adoption services and missions at INL. Nancy is a well- mentoring. The organization exists to da, and Dr. Cohen used this ability over known and endearing figure in Idaho’s the length of his career to fight for fair help care for, protect, and nurture chil- high-technology business community. dren, as well as strengthen and protect and sustainable pricing structures that During her career, she has made a sig- support hospitals and patients. families. nificant impact in helping small busi- The Children’s Home Society has also The system set up by the HSCRC was nesses, nurturing entrepreneurs, and so well-conceived that it has succeeded worked vigorously to build awareness aiding communities in increasing their throughout our State. This fall the or- for nearly 35 years. All-payer rate set- technology business base. Previously, ting is now being discussed by many ganization hosted the Footsteps for she initiated Idaho’s Hispanic Youth Foster Kids Festival, an event created leading health economists as an effec- Symposium while managing INL’s di- tive way to control the unsustainable to illustrate the need for foster fami- versity program in human resources, growth in health care costs. lies in West Virginia and recruit fami- which also was recognized by President Dr. Cohen’s base of knowledge has lies who can provide loving homes for been widely sought. He has served on George H.W. Bush for excellence. With children. All day long, children and three Federal committees, and he was more than 30 years of involvement in families had opportunities to partici- a founding appointee to the Prospec- serving United Way and community pate in various activities at the fes- tive Payment Assessment Commis- service, Nancy also has been appointed tival, including paddle boat races and sion—ProPAC. He has also served as a to more than 25 boards and commis- fishing competitions. More than 400 member of the National Committee on sions, including the Idaho Rural Part- people attended, and the Children’s Rural Health, the National Committee nership, Idaho TechConnect, and many Home Society was able to reach out to of Vital and Health Statistics, and he more. new families interested in opening served as Commissioner of the Mary- Nancy has also been instrumental in their homes to children in need. land Health Care Access and Cost Com- organizing regional economic develop- In fact, the idea for the Footsteps for mission from 1993 to 1998. As Commis- ment offices throughout Idaho. In addi- Foster Kids Festival first came from sioner, he played a key role in improv- tion to serving on the National United our young people, when 10 area youth ing quality and expanding health care Way Board of America, Nancy has been called the Band Together Organization access, by initiating HMO report cards named INL’s Woman of the Year, Ida- worked with the Children’s Home Soci- to evaluate quality and establishing a ho’s Business Woman of the Year, and ety to make the day a true success. small group market system to make 2008 Idaho Business Review Woman of They are an inspiring group, and we insurance more affordable for small the Year. On November 18, 2011, the are all proud of their efforts and serv- businesses. Southern Idaho Economic Develop- ice to the community. In 1985, 2 years before he would step ment Organization honored Nancy for a I would like to congratulate the Chil- down as the Executive Director of decade of support by establishing the dren’s Home Society for their legacy of HSCRC, he founded Hal Cohen, Inc., a Nancy Bergmann/INL Math & Science impressive and meaningful work and health care consulting firm located in Scholarship, managed by the College of thank the Band Together Organization Baltimore, MD to offer consulting serv- Southern Idaho Foundation. for the commitment they have dem- ices in the areas of hospital financing We wish Nancy an enjoyable retire- onstrated to improving the lives of and public policy. He has served clients ment and a wonderful time with her children. Your example serves our ∑ from every corner of the industry and family, including five granddaughters. State and our Nation well. all over the country, from the Federal We hope that retirement will provide f Government to private insurers, from Nancy with more opportunities to MESSAGE FROM THE HOUSE HMOs to self-insured companies. enjoy Idaho’s magnificent sunsets. In addition to his significant and Congratulations to Nancy for achieving ENROLLED BILL SIGNED long-lasting professional impact, Dr. this milestone, and thank you, Nancy, At 12:12 p.m., a message from the Hal Cohen is known throughout Balti- for your outstanding service to Idaho House of Representatives, delivered by more as a loving husband and father. communities.∑ Mrs. Cole, one of its reading clerks, announced that the Speaker has signed Hal and his wife, Jo, have been married f for more than 50 years, and their fam- the following enrolled bill: ily has grown to include their chil- RECOGNIZING THE CHILDREN’S H.R. 2192. An act to exempt for an additional 4-year period, from the application of dren—Robb, Gail, David, Heather, and HOME SOCIETY ∑ the means-test presumption of abuse under Amy—and their five grandchildren— Mr. MANCHIN. Mr. President, I rise chapter 7, qualifying members of reserve Lizzie, Alex, Max, Zhi, and Olive. to give a voice to the countless chil- components of the Armed Forces and mem- Dr. Cohen’s extensive work will con- dren in need of good homes all across bers of the National Guard who, after Sep- tinue to make Maryland a better place this country and to recognize an orga- tember 11, 2001, are called to active duty or

VerDate Mar 15 2010 02:44 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.019 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8375 to perform a homeland defense activity for the President of the Senate on December 1, cation of a proposed manufacturing license not less than 90 days. 2011; to the Committee on Energy and Nat- agreement to include the export of defense The enrolled bill was subsequently ural Resources. articles, including, technical data, and de- EC–4194. A communication from the Sec- signed by the President pro tempore fense services for the manufacture Raytheon retary of Energy, transmitting, pursuant to Designed Radios and the incorporation of (Mr. INOUYE). law, a report entitled ‘‘U.S. Department of Have Quick I/II Electronic Counter Counter- f Energy Fiscal Year 2010 Methane Hydrate Measure (ECCM) Software Object Code to Program Report to Congress’’; to the Com- government end-user Turkey; to the Com- MEASURES PLACED ON THE mittee on Energy and Natural Resources. mittee on Foreign Relations. CALENDAR EC–4195. A communication from the Direc- EC–4203. A communication from the Pro- tor of the Regulatory Management Division, The following bill was read the sec- gram Manager, Centers for Medicare and Environmental Protection Agency, transmit- Medicaid Services, Department of Health ond time, and placed on the calendar: ting, pursuant to law, the report of a rule en- and Human Services, transmitting, pursuant S. 1944. A bill to create jobs by providing titled ‘‘Approval and Promulgation of Air to law, the report of a rule entitled ‘‘Medical payroll tax relief for middle class families Quality Implementation Plans; South Caro- Loss Ratio Requirements under the Patient and businesses, and for other purposes. lina; Negative Declarations for Applicability Protection and Affordable Care Act’’ of Groups I, II, III and IV Control Techniques f (RIN0938–AQ71) received during adjournment Guidelines; and Applicability of Reasonably of the Senate in the Office of the President EXECUTIVE AND OTHER Available Control Technology for the Por- of the Senate on December 2, 2011; to the COMMUNICATIONS tion of York County, South Carolina within Committee on Health, Education, Labor, and Charlotte-Gastonia-Rock Hill, North Caro- Pensions. The following communications were lina-South Carolina 1997 8-Hour Ozone Non- EC–4204. A communication from the Pro- laid before the Senate, together with attainment Area’’ (FRL No. 9495–7) received gram Manager, Centers for Medicare and accompanying papers, reports, and doc- during adjournment of the Senate in the Of- Medicaid Services, Department of Health uments, and were referred as indicated: fice of the President of the Senate on No- and Human Services, transmitting, pursuant EC–4186. A communication from the Sec- vember 22, 2011; to the Committee on Envi- to law, the report of a rule entitled ‘‘Medical retary of Defense, transmitting a report on ronment and Public Works. Loss Ratio Rebate Requirements for Non- EC–4196. A communication from the Chief the approved retirement of Lieutenant Gen- Federal Governmental Plans’’ (RIN0938– of the Publications and Regulations Branch, eral Daniel J. Darnell, United States Air AR35) received during adjournment of the Internal Revenue Service, Department of the Force, and his advancement to the grade of Senate in the Office of the President of the Treasury, transmitting, pursuant to law, the lieutenant general on the retired list; to the Senate on December 2, 2011; to the Com- report of a rule entitled ‘‘Treasury Inflation- Committee on Armed Services. mittee on Health, Education, Labor, and Protected Securities Issued at a Premium’’ EC–4187. A communication from the Under Pensions. ((RIN1545–BK46) (TD 9561)) received during EC–4205. A communication from the Spe- Secretary of Defense (Personnel and Readi- adjournment of the Senate in the Office of cial Advisor to the Secretary of the Treasury ness), transmitting the report of an officer the President of the Senate on December 2, for the Consumer Financial Protection Bu- authorized to wear the insignia of the grade 2011; to the Committee on Finance. reau, transmitting, pursuant to law, the of rear admiral (lower half) in accordance EC–4197. A communication from the Chief Semiannual Report by the Federal Reserve with title 10, United States Code, section 777; of the Publications and Regulations Branch, Board Office of Inspector General regarding to the Committee on Armed Services. Internal Revenue Service, Department of the the Consumer Financial Protection Bureau EC–4188. A communication from the Under Treasury, transmitting, pursuant to law, the for the period from April 1, 2011 through Sep- Secretary of Defense (Personnel and Readi- report of a rule entitled ‘‘2011 Base Period T- tember 30, 2011; to the Committee on Home- ness), transmitting the report of (9) officers Bill Rate’’ (Rev. Rul. 2011–30) received during land Security and Governmental Affairs. authorized to wear the insignia of the grade adjournment of the Senate in the Office of EC–4206. A communication from the Chair- of major general, in accordance with title 10, the President of the Senate on December 2, man and President of the Export-Import United States Code, section 777; to the Com- 2011; to the Committee on Finance. Bank, transmitting, pursuant to law, the mittee on Armed Services. EC–4198. A communication from the Sec- Semi-Annual Report of the Inspector Gen- EC–4189. A communication from the Chair- retary of Labor, transmitting, pursuant to eral for the period from April 1, 2011 through man and President of the Export-Import law, the 2011 report (covering trade in cal- September 30, 2011; to the Committee on Bank, transmitting, pursuant to law, a re- endar year 2010) relative to the impact of the Homeland Security and Governmental Af- port relative to transactions involving U.S. Andean Trade Preference Act on U.S. trade fairs. exports to Saudi Arabia; to the Committee and employment; to the Committee on Fi- EC–4207. A communication from the Chair- on Banking, Housing, and Urban Affairs. nance. man of the Board of Governors, U.S. Postal EC–4190. A communication from the Direc- EC–4199. A communication from the Assist- Service, transmitting, pursuant to law, the tor of the Office of Management and Budget, ant Secretary, Bureau of Legislative Affairs, Office of Inspector General’s Semiannual Re- Executive Office of the President, transmit- Department of State, transmitting, pursuant port and the Postal Service management re- ting, pursuant to law, a report relative to to law, a report relative to the implementa- sponse to the report for the period of April 1, the Consolidated and Further Continuing tion of the Danger Pay Allowance for Da- 2011 through September 30, 2011; to the Com- Appropriations Act, FY 2012 (P.L. 112–55); to mascus, Syria; to the Committee on Foreign mittee on Homeland Security and Govern- the Committee on the Budget. Relations. mental Affairs. EC–4191. A communication from the Assist- EC–4200. A communication from the Assist- EC–4208. A communication from the Direc- ant General Counsel for Legislation, Regula- ant Secretary, Bureau of Legislative Affairs, tor, Office of Management and Budget, Exec- tion and Energy Efficiency, Department of Department of State, transmitting, pursuant utive Office of the President, transmitting, Energy, transmitting, pursuant to law, the to the Arms Export Control Act, the certifi- pursuant to law, a report relative to report of a rule entitled ‘‘Energy Conserva- cation of a proposed amendment to a manu- unvouchered expenditures; to the Committee tion Program: Energy Conservation Stand- facturing license agreement to include the on Homeland Security and Governmental Af- ards for Fluorescent Lamp Ballasts’’ export of defense articles, including, tech- fairs. (RIN1904–AB50) received in the Office of the nical data, and defense services for the man- EC–4209. A communication from the Ad- President of the Senate on December 1, 2011; ufacture and sales of Weapon Mount Compo- ministrator of the General Services Adminis- to the Committee on Energy and Natural Re- nent for a Stabilized Remotely Operated tration, transmitting, pursuant to law, the sources. Weapons System (SRWS) Gimbal compo- Semi-Annual Report of the Inspector Gen- EC–4192. A communication from the Assist- nents in the amount of $100,000,000 or more; eral for the period from April 1, 2011 through ant General Counsel for Legislation, Regula- to the Committee on Foreign Relations. September 30, 2011 and the Administrator’s tion and Energy Efficiency, Department of EC–4201. A communication from the Assist- Semiannual Management Report to Con- Energy, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- gress; to the Committee on Homeland Secu- report of a rule entitled ‘‘Energy Conserva- ment of State, transmitting, pursuant to rity and Governmental Affairs. tion Program: Energy Conservation Stand- law, a report relative to the status of the EC–4210. A communication from the Chief ards for Direct Heating Equipment’’ Government of Cuba’s compliance with the Privacy Officer, Privacy Office, Department (RIN1904–AC56) received in the Office of the United States-Cuba September 1994 ‘‘Joint of Homeland Security, transmitting, pursu- President of the Senate on December 1, 2011; Communique’’ and on the treatment of per- ant to law, a report entitled ‘‘Privacy Office to the Committee on Energy and Natural Re- sons returned to Cuba in accordance with the Fourth Quarter Fiscal Year 2011 Report to sources. United States-Cuba May 1995 ‘‘Joint State- Congress’’; to the Committee on Homeland EC–4193. A communication from the Gen- ment’’; to the Committee on Foreign Rela- Security and Governmental Affairs. eral Counsel, Federal Energy Regulatory tions. EC–4211. A communication from the Officer Commission, transmitting, pursuant to law, EC–4202. A communication from the Assist- for Civil Rights and Civil Liberties, Depart- the report of a rule entitled ‘‘Bidding by Af- ant Secretary, Bureau of Legislative Affairs, ment of Homeland Security, transmitting, filiates in Open Seasons for Pipeline Capac- Department of State, transmitting, pursuant pursuant to law, a Quarterly Report to Con- ity’’ (RIN1902–AE39) received in the Office of to the Arms Export Control Act, the certifi- gress on the activities of the Department of

VerDate Mar 15 2010 02:07 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.024 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8376 CONGRESSIONAL RECORD — SENATE December 6, 2011 Homeland Security Office for Civil Rights SUBMISSION OF CONCURRENT AND (Mrs. FEINSTEIN) was added as a co- and Civil Liberties during the third quarter SENATE RESOLUTIONS sponsor of S. 1108, a bill to provide of fiscal year 2011; to the Committee on The following concurrent resolutions local communities with tools to make Homeland Security and Governmental Af- solar permitting more efficient, and for fairs. and Senate resolutions were read, and EC–4212. A communication from the Chair- referred (or acted upon), as indicated: other purposes. S. 1171 man of the Federal Trade Commission, By Mr. RUBIO (for himself and Mr. transmitting, pursuant to law, the Commis- MENENDEZ): At the request of Mr. SCHUMER, the sion’s Performance and Accountability Re- S. Res. 344. A resolution supporting the name of the Senator from California port for fiscal year 2011; to the Committee on democratic aspirations of the Nicaraguan (Mrs. BOXER) was added as a cosponsor Homeland Security and Governmental Af- people and calling attention to the deterio- of S. 1171, a bill to amend the Internal fairs. ration of constitutional order in Nicaragua; Revenue Code of 1986 to extend the ex- EC–4213. A communication from the Com- to the Committee on Foreign Relations. missioner, Social Security Administration, clusion from gross income for em- transmitting, pursuant to law, the Adminis- f ployer-provided health coverage for tration’s Performance and Accountability ADDITIONAL COSPONSORS employees’ spouses and dependent chil- Report for fiscal year 2011; to the Committee dren to coverage provided to other eli- on Homeland Security and Governmental Af- S. 241 gible dependent beneficiaries of em- fairs. At the request of Mrs. MCCASKILL, ployees. EC–4214. A communication from the Direc- the name of the Senator from Montana S. 1176 tor, Congressional Affairs, Federal Election (Mr. TESTER) was added as a cosponsor At the request of Ms. LANDRIEU, the Commission, transmitting, pursuant to law, of S. 241, a bill to expand whistleblower the Semi-Annual Report of the Inspector name of the Senator from Vermont protections to non-Federal employees (Mr. LEAHY) was added as a cosponsor General for the period from April 1, 2011 whose disclosures involve misuse of through September 30, 2011; to the Com- of S. 1176, a bill to amend the Horse mittee on Homeland Security and Govern- Federal funds. Protection Act to prohibit the ship- mental Affairs. S. 306 ping, transporting, moving, delivering, EC–4215. A communication from the Sec- At the request of Mr. WEBB, the name receiving, possessing, purchasing, sell- retary of Agriculture, transmitting, pursu- of the Senator from Louisiana (Ms. ing, or donation of horses and other ant to law, the Department of Agriculture’s LANDRIEU) was added as a cosponsor of equines to be slaughtered for human Semiannual Report of the Inspector General S. 306, a bill to establish the National for the period from April 1, 2011 through Sep- consumption, and for other purposes. tember 30, 2011; to the Committee on Home- Criminal Justice Commission. S. 1190 land Security and Governmental Affairs. S. 339 At the request of Mr. BLUNT, the EC–4216. A communication from the Chair- At the request of Mr. BAUCUS, the name of the Senator from Massachu- man of the Securities and Exchange Com- name of the Senator from Connecticut setts (Mr. BROWN) was added as a co- mission, transmitting, pursuant to law, the (Mr. LIEBERMAN) was added as a cosponsor of S. 1190, a bill to reduce dis- Semi-Annual Report of the Inspector Gen- sponsor of S. 339, a bill to amend the parities and improve access to effective eral and a Management Report for the period from April 1, 2011 through September 30, 2011; Internal Revenue Code of 1986 to make and cost efficient diagnosis and treat- to the Committee on Homeland Security and permanent the special rule for con- ment of prostate cancer through ad- Governmental Affairs. tributions of qualified conservation vances in testing, research, and edu- EC–4217. A communication from the Acting contributions. cation, including through telehealth, Director, Office of Government Ethics, trans- S. 581 comparative effectiveness research, mitting, pursuant to law, the Performance At the request of Mr. BURR, the name and identification of best practices in and Accountability Report for the Office of of the Senator from Colorado (Mr. BEN- patient education and outreach par- Government Ethics for fiscal year 2011; to ticularly with respect to underserved the Committee on Homeland Security and NET) was added as a cosponsor of S. 581, Governmental Affairs. a bill to amend the Child Care and De- racial, ethnic and rural populations EC–4218. A communication from the Sec- velopment Block Grant Act of 1990 to and men with a family history of pros- retary of Education, transmitting, pursuant require criminal background checks for tate cancer, to establish a directive on to law, the Semiannual Report of the Office child care providers. what constitutes clinically appropriate of the Inspector General for the period from prostate cancer imaging, and to create S. 641 April 1, 2011 through September 30, 2011; to a prostate cancer scientific advisory At the request of Mr. DURBIN, the the Committee on Homeland Security and board for the Office of the Chief Sci- name of the Senator from Pennsyl- Governmental Affairs. entist at the Food and Drug Adminis- EC–4219. A communication from the Chair- vania (Mr. CASEY) was added as a co- tration to accelerate real-time sharing man of the Consumer Product Safety Com- sponsor of S. 641, a bill to provide of the latest research and accelerate mission, transmitting, pursuant to law, the 100,000,000 people with first-time access movement of new medicines to pa- Commission’s Annual Performance and Ac- to safe drinking water and sanitation tients. countability Report for fiscal year 2011; to on a sustainable basis within six years the Committee on Homeland Security and by improving the capacity of the S. 1299 Governmental Affairs. At the request of Mr. MORAN, the United States Government to fully im- f name of the Senator from New York plement the Senator Paul Simon Water (Mrs. GILLIBRAND) was added as a co- INTRODUCTION OF BILLS AND for the Poor Act of 2005. JOINT RESOLUTIONS sponsor of S. 1299, a bill to require the S. 752 Secretary of the Treasury to mint The following bills and joint resolu- At the request of Mr. ISAKSON, the coins in commemoration of the centen- tions were introduced, read the first name of the Senator from Massachu- nial of the establishment of Lions and second times by unanimous con- setts (Mr. BROWN) was added as a co- Clubs International. sent, and referred as indicated: sponsor of S. 752, a bill to establish a S. 1350 comprehensive interagency response to By Mr. BLUMENTHAL (for himself, At the request of Mr. COONS, the Mr. KIRK, Ms. CANTWELL, and Mr. reduce lung cancer mortality in a names of the Senator from Pennsyl- BROWN of Massachusetts): timely manner. S. 1947. A bill to prohibit attendance of an vania (Mr. CASEY) and the Senator S. 1069 animal fighting venture, and for other pur- from Massachusetts (Mr. BROWN) were poses; to the Committee on Agriculture, Nu- At the request of Ms. CANTWELL, the added as cosponsors of S. 1350, a bill to trition, and Forestry. names of the Senator from Kansas (Mr. expand the research, prevention, and By Mr. PRYOR (for himself and Mr. MORAN) and the Senator from Missouri awareness activities of the Centers for WICKER): (Mrs. MCCASKILL) were added as co- Disease Control and Prevention and S. 1948. A bill to establish an Innovation in sponsors of S. 1069, a bill to suspend the National Institutes of Health with Investment pilot program, to improve and temporarily the duty on certain foot- respect to pulmonary fibrosis, and for expand a national registered apprenticeship wear, and for other purposes. program, to provide for State Workforce other purposes. Education and Training Advisory Commit- S. 1108 S. 1360 tees, and for other purposes; to the Com- At the request of Mr. SANDERS, the At the request of Mr. MENENDEZ, the mittee on Finance. name of the Senator from California name of the Senator from Oregon (Mr.

VerDate Mar 15 2010 02:07 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.027 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE December 6, 2011 CONGRESSIONAL RECORD — SENATE S8377 MERKLEY) was added as a cosponsor of of S. 1670, a bill to eliminate racial sponsors of S. 1945, a bill to permit the S. 1360, a bill to amend the Securities profiling by law enforcement, and for televising of Supreme Court pro- Exchange Act of 1934 to require share- other purposes. ceedings. holder authorization before a public S. 1711 S. RES. 297 company may make certain political At the request of Mr. BROWN of Ohio, At the request of Mr. MENENDEZ, the expenditures, and for other purposes. the name of the Senator from Michigan name of the Senator from New Jersey S. 1392 (Ms. STABENOW) was added as a cospon- (Mr. LAUTENBERG) was added as a co- At the request of Ms. COLLINS, the sor of S. 1711, a bill to enhance recip- sponsor of S. Res. 297, a resolution con- name of the Senator from South Caro- rocal market access for United States gratulating the Corporation for Sup- lina (Mr. GRAHAM) was added as a co- domestic producers in the negotiating portive Housing on the 20th anniver- sponsor of S. 1392, a bill to provide ad- process of bilateral, regional, and mul- sary of its founding. ditional time for the Administrator of tilateral trade agreements. S. RES. 310 the Environmental Protection Agency S. 1763 At the request of Ms. MIKULSKI, the to issue achievable standards for indus- At the request of Mr. AKAKA, the name of the Senator from Montana trial, commercial, and institutional name of the Senator from Nevada (Mr. (Mr. TESTER) was added as a cosponsor boilers, process heaters, and inciner- REID) was added as a cosponsor of S. of S. Res. 310, a resolution designating ators, and for other purposes. 1763, a bill to decrease the incidence of 2012 as the ‘‘Year of the Girl’’ and Con- S. 1397 violent crimes against Indian women, gratulating Girl Scouts of the USA on At the request of Mr. CARPER, the to strengthen the capacity of Indian its 100th anniversary. name of the Senator from Maryland tribes to exercise the sovereign author- S. RES. 342 (Ms. MIKULSKI) was added as a cospon- ity of Indian tribes to respond to vio- At the request of Mr. RUBIO, the sor of S. 1397, a bill to amend the Inter- lent crimes committed against Indian name of the Senator from New Jersey nal Revenue Code of 1986 to provide for women, and to ensure that perpetra- (Mr. MENENDEZ) was added as a cospon- an investment tax credit related to the tors of violent crimes committed sor of S. Res. 342, a resolution honoring production of electricity from offshore against Indian women are held ac- the life and legacy of Laura Pollan. wind. countable for that criminal behavior, f S. 1451 and for other purposes. At the request of Mr. VITTER, the S. 1850 SUBMITTED RESOLUTIONS name of the Senator from California At the request of Mr. HARKIN, the (Mrs. FEINSTEIN) was added as a co- name of the Senator from Oregon (Mr. sponsor of S. 1451, a bill to prohibit the MERKLEY) was added as a cosponsor of SENATE RESOLUTION 344—SUP- sale of billfish. S. 1850, a bill to expand and improve PORTING THE DEMOCRATIC AS- PIRATIONS OF THE NICARAGUAN S. 1465 opportunities for beginning farmers PEOPLE AND CALLING ATTEN- At the request of Mr. REED, the name and ranchers, and for other purposes. TION TO THE DETERIORATION of the Senator from Pennsylvania (Mr. S. 1872 OF CONSTITUTIONAL ORDER IN CASEY) was added as a cosponsor of S. At the request of Mr. CASEY, the NICARAGUA 1465, a bill to authorize a pilot program name of the Senator from Minnesota on enhancements of Department of De- (Ms. KLOBUCHAR) was added as a co- Mr. RUBIO (for himself and Mr. fense efforts on mental health in the sponsor of S. 1872, a bill to amend the MENENDEZ) submitted the following National Guard and Reserves through Internal Revenue Code of 1986 to pro- resolution; which was referred to the community partnerships, and for other vide for the tax treatment of ABLE ac- Committee on Foreign Relations: purposes. counts established under State pro- S.RES. 344 S. 1544 grams for the care of family members Whereas in January 2007, President Daniel At the request of Mr. TESTER, the with disabilities, and for other pur- Ortega was inaugurated to a second 5-year name of the Senator from Missouri poses. presidential term, having served as President from 1985 to 1990; S. 1886 (Mrs. MCCASKILL) was added as a co- Whereas as a result of widespread electoral sponsor of S. 1544, a bill to amend the At the request of Mr. LEAHY, the fraud during the November 2008 municipal Securities Act of 1933 to require the Se- names of the Senator from Delaware elections, Nicaragua lost more than curities and Exchange Commission to (Mr. COONS) and the Senator from Ari- $100,000,000 in international assistance and a exempt a certain class of securities zona (Mr. KYL) were added as cospon- $175,000,000 Millennium Challenge Compact from such Act. sors of S. 1886, a bill to prevent traf- was suspended; Whereas Article 147 of the Constitution of S. 1593 ficking in counterfeit drugs. Nicaragua states that a candidate cannot S. 1933 At the request of Mrs. GILLIBRAND, serve consecutively as President and that a the name of the Senator from Min- At the request of Mr. SCHUMER, the President cannot serve more than 2 terms; nesota (Mr. FRANKEN) was added as a name of the Senator from Delaware Whereas on October 19, 2009, the Sandi- cosponsor of S. 1593, a bill to amend the (Mr. CARPER) was added as a cosponsor nista-controlled Constitutional Chamber of Food and Nutrition Act of 2008 to re- of S. 1933, a bill to increase American the Supreme Court of Nicaragua issued a quire State electronic benefit transfer job creation and economic growth by controversial ruling that partially annulled contracts to treat wireless program re- improving access to the public capital Article 147 of the Constitution of Nicaragua and allowed Daniel Ortega to run for a third tail food stores in the same manner as markets for emerging growth compa- presidential term; wired program retail food stores. nies. Whereas the Department of State called S. 1634 S. 1944 the October 2009 Supreme Court ruling ‘‘. . . At the request of Mr. TESTER, the At the request of Mr. CASEY, the part of a larger pattern of questionable and name of the Senator from West Vir- names of the Senator from Nevada (Mr. irregular governmental actions, beginning ginia (Mr. ROCKEFELLER) was added as REID), the Senator from New York (Mr. before the flawed municipal elections of No- vember 2008, that threatens to undermine a cosponsor of S. 1634, a bill to amend SCHUMER) and the Senator from Illinois the foundations of Nicaraguan democracy title 38, United States Code, to improve (Mr. DURBIN) were added as cosponsors and calls into question the Nicaraguan gov- the approval and disapproval of pro- of S. 1944, a bill to create jobs by pro- ernment’s commitment to uphold the Inter- grams of education for purposes of edu- viding payroll tax relief for middle American Democratic Charter’’; cational benefits under laws adminis- class families and businesses, and for Whereas the Constitution of Nicaragua tered by the Secretary of Veterans Af- other purposes. gives the National Assembly sole power to elect Supreme Court magistrates, Supreme fairs, and for other purposes. S. 1945 Electoral Council magistrates, and other na- S. 1670 At the request of Mr. DURBIN, the tional public officials; At the request of Mr. CARDIN, the names of the Senator from New York Whereas in January 2010, President Ortega name of the Senator from California (Mr. SCHUMER) and the Senator from issued a decree that circumvented the Na- (Mrs. BOXER) was added as a cosponsor Iowa (Mr. HARKIN) were added as co- tional Assembly and indefinitely extended

VerDate Mar 15 2010 02:07 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A06DE6.017 S06DEPT1 pwalker on DSK7TPTVN1PROD with SENATE S8378 CONGRESSIONAL RECORD — SENATE December 6, 2011 the terms of 25 incumbent public officials, NOTICE OF HEARING on December 6, 2011, at 10 a.m., in room including members of the Supreme Court and SD–226 of the Dirksen Senate Office the Supreme Electoral Council; COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS Building, to conduct a hearing entitled Whereas in August 2011, the Supreme Elec- ‘‘Access to the Court: Televising the toral Council announced that all inter- Mr. HARKIN. Mr. President, I wish to national and national observers will be a announce that the Subcommittee on Supreme Court.’’ part of the election and monitor the process Children and Families of the Com- The PRESIDING OFFICER. Without under the mandate of an ‘‘accompaniment mittee on Health, Education, Labor, objection, it is so ordered. ruling’’, which included 25 articles, estab- and Pensions will meet in open session SUBCOMMITTEE ON ANTITRUST, COMPETITION lishing, among other restrictions, who can on Tuesday, December 13, 2011, at 10:15 POLICY, AND CONSUMER RIGHTS participate, what their functions may be, the a.m. in SD–106 to conduct a hearing en- Mr. LEAHY. Mr. President, I ask limits of their actions, and the process of ac- titled ‘‘Breaking the Silence on Child unanimous consent that the Com- creditation to become an official observer; mittee on the Judiciary, Sub- Whereas on November 10, 2011, the Depart- Abuse: Protection, Prevention, Inter- ment of State noted ‘‘. . . the Nicaraguan vention, and Deterrence.’’ committee on Antitrust, Competition Government’s failure to accredit certain For further information regarding Policy, and Consumer Rights, be au- credible domestic organizations as observers, this hearing, please contact the sub- thorized to meet during the session of difficulties voters faced in obtaining proper committee staff on (202) 224–9243. the Senate, on December 6, 2011, at 2:30 identification and pronouncements by Nica- f p.m., in room SD–226 of the Dirksen raguan authorities that electoral candidates Senate Office Building, to conduct a might be disqualified after the elections’’ AUTHORITY FOR COMMITTEES TO hearing entitled ‘‘The Express Scripts/ and agreed that ‘‘the Supreme Electoral MEET Medco Merger: Cost Savings for Con- Council did not operate in a transparent and COMMITTEE ON AGRICULTURE, NUTRITION, AND sumers or More Profits for the Middle- impartial manner’’; FORESTRY Whereas the European Union Election Ob- man?’’ serving Mission to Nicaragua noted that Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without elections had been supervised by ‘‘electoral unanimous consent that the Com- objection, it is so ordered. authorities with very little independence and mittee on Agriculture, Nutrition, and SUBCOMMITTEE ON CONSUMER PROTECTION, equanimity’’ and it further deemed a ‘‘grave Forestry be authorized to meet during PRODUCT SAFETY, AND INSURANCE reversal to the democratic quality of Nica- the session of the Senate on December Mr. LEAHY. Mr. President, I ask raguan elections’’; 6, 2011, at 2:15 p.m. in S–115. unanimous consent that the Sub- Whereas during the 2011 general elections The PRESIDING OFFICER. Without committee on Consumer Protection, in Nicaragua, the Mission of Electoral Ac- objection, it is so ordered. companiment of the Organization of Amer- Product Safety, and Insurance of the ican States noted several ‘‘situations of con- COMMITTEE ON BANKING, HOUSING, AND URBAN Committee on Commerce, Science, and cern’’, including problems providing identi- AFFAIRS Transportation be authorized to meet fication cards to voters, the accreditation of Mr. LEAHY. Mr. President, I ask during the session of the Senate, on observers, and imbalances in the political unanimous consent that the Com- December 6, 2011, at 10 a.m., in room parties present at polling stations; mittee on Banking, Housing, and 253 of the Russell Senate Office Build- Whereas the Organization of American Urban Affairs be authorized to meet ing. States called upon Nicaraguan authorities to during the session of the Senate on De- The Committee will hold a hearing investigate acts of violence perpetrated on cember 6, 2011, at 10 a.m., to conduct a entitled, ‘‘Contaminated Drywall: Ex- election day; and Whereas as a member of the Organization hearing entitled ‘‘Continued Oversight amining the Current Health, Housing of American States and signatory to the of the Implementation of the Wall and Product Safety Issues Facing Inter-American Democratic Charter, the Street Reform Act.’’ Homeowners.’’ Nicaraguan Government has the legal re- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without sponsibility to abide by the principles of con- objection, it is so ordered. objection, it is so ordered. stitutional, representative democracy, which COMMITTEE ON FINANCE f includes free and fair elections and adher- Mr. LEAHY. Mr. President, I ask ence to their own constitution: Now, there- UNANIMOUS CONSENT fore, be it unanimous consent that the Com- mittee on Finance be authorized to AGREEMENT—H.R. 1540 Resolved, That the Senate— meet during the session of the Senate Mr. BENNET. Mr. President, I ask (1) supports the democratic aspirations of on December 6, 2011, at 10:00 a.m., in unanimous consent that H.R. 1540, the the people of Nicaragua; (2) deplores the interruption of constitu- room HVC–210 of the Capitol Visitor National Defense Authorization Act for tional order in Nicaragua that led to the Center, to conduct a hearing entitled Fiscal Year 2012, be printed as passed fraudulent reelection of Daniel Ortega on ‘‘Tax Reform and the Tax Treatment of by the Senate on December 1, 2011. November 6, 2011, elections; Financial Products.’’ The PRESIDING OFFICER (Mr. (3) condemns the acts of violence per- The PRESIDING OFFICER. Without BLUMENTHAL). Is there objection? petrated on election day and calls upon Nica- objection, it is so ordered. Without objection, it is so ordered. raguan authorities to fully investigate and AD HOC SUBCOMMITTEE ON CONTRACTING prosecute those responsible; f OVERSIGHT (4) urges President Barack Obama and Sec- Mr. LEAHY. Mr. President, I ask ORDERS FOR WEDNESDAY, retary of State Hillary Clinton to take im- DECEMBER 7, 2011 mediate and meaningful measures to encour- unanimous consent that the Ad Hoc age the restoration of constitutional rule in Subcommittee on Contracting Over- Mr. BENNET. Mr. President, I ask Nicaragua, including opposing loans by sight of the Committee on Homeland unanimous consent that when the Sen- international financial institutions to the Security and Governmental Affairs be ate completes its business today, the Nicaraguan Government; authorized to meet during the session Senate adjourn until 11:30 a.m. on (5) urges the immediate issuance of a final of the Senate on December 6, 2011, at Wednesday, December 7, 2011; that fol- report on the Mission of Electoral Accom- 10:00 a.m. to conduct a hearing enti- lowing the prayer and pledge, the Jour- paniment of the Organization of American tled, ‘‘Whistleblower Protections for States, including a detailed report on con- nal of proceedings be approved to date, stitutional irregularities impacting the Government Contractors.’’ the morning hour be deemed expired, preelectoral phase in Nicaragua; and The PRESIDING OFFICER. Without and the time for the two leaders be re- (6) urges the United States Ambassador to objection, it is so ordered. served for their use later in the day; the Organization of American States to lead SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT that following any leader remarks, the an effort to use the full power of the organi- AND THE COURTS Senate be in a period of morning busi- zation in support of meaningful steps to re- Mr. LEAHY. Mr. President, I ask ness, with Senators permitted to speak store democracy and the rule of law in Nica- unanimous consent that the Com- therein for up to 10 minutes each, with ragua in accordance to the Inter-American Democratic Charter, including formally sus- mittee on the Judiciary, Sub- the first hour equally divided and con- pending the Nicaraguan Government under committee on Administrative Over- trolled between the two leaders or Articles 20 and 21 of the Inter-American sight and the Courts, be authorized to their designees, with the Republicans Democratic Charter. meet during the session of the Senate, controlling the first 30 minutes and the

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CONGRATULATING CALEB later earned a Ph.D in Geology and Geo- RECOGNIZING LAWRENCE A. WILFONG physics at UC Berkeley, where he helped draft SOLBERG, MD, PHD, FOR HIS California’s Forest Practices Act. Dr. Curry SERVICE TO THE FIELD OF HE- HON. BLAINE LUETKEMEYER subsequently taught for over 45 years, begin- MATOLOGY AND PRACTICE OF OF MISSOURI ning at UC Santa Barbara. He later served as MEDICINE IN THE HOUSE OF REPRESENTATIVES Provost and professor at UC Santa Cruz be- Tuesday, December 6, 2011 fore joining the California State University HON. ANDER CRENSHAW Monterey Bay faculty where he created the OF FLORIDA Mr. LUETKEMEYER. Mr. Speaker, I rise Watershed Science curriculum. IN THE HOUSE OF REPRESENTATIVES today to ask my colleagues to join me in con- Perhaps his most significant contribution gratulating Caleb Wilfong of the Rock Bridge was the cooperative authorship of Section Tuesday, December 6, 2011 High School Bruins Boys Cross Country team 102(2)(c) of the National Environmental Policy Mr. CRENSHAW. Mr. Speaker, I rise today for winning the individual Class 4 Missouri Act. In 1969, Dr. Curry served as the initial to recognize the achievements of Dr. Law- State Championship. science advisor to the U.S. Senate Public rence A. Solberg, a Floridian who has dedi- Mr. Wilfong should be commended for all of Works Committee following its review of the cated his professional life to biomedical re- his hard work throughout the regular season Santa Barbara Oil Spill. Working with Senator search and medicine. and bringing home the individual state title to Ed Muskie, chairman of the Air and Water Pol- Having published numerous articles in var- his school, family and community. At the State lution Subcommittee who was drafting the Na- ious publications and scientific journals and re- Cross Country Championships in Jefferson tional Environmental Policy Act, Dr. Curry’s ceived professional recognition and honors City, Caleb won the individual state title with a work lead to the clause that says if public from a number of organizations, Dr. Solberg time of 15 minutes 54.13 seconds. He holds funds are used to develop information about has accomplished an extraordinary number of Rock Bridge’s school record for a 3.1-mile projects of national interest that could guide professional milestones and achievements. race and is the school’s second individual public policy, the information must be released Dr. Solberg is a hematologist currently in cross country champion. to the public. This became the basis for the the Division of Hematology-Oncology at the I ask that you join me in recognizing Caleb Environmental Impact Statement, which has Mayo Clinic in Jacksonville, Florida. He also Wilfong for a job well done. served the public by bringing transparency to serves as Vice-Chair of the Research Oper- f the policy process. ations Management Team and Chair of the IN HONOR OF DR. BOB CURRY Mr. Speaker, I know I speak for the whole Clinical Research Subcommittee of the Mayo House in honoring the career of this remark- Clinic in Florida. Dr. Solberg previously served HON. SAM FARR able scientist and conservation leader. Cali- as Director of the Blood and Marrow Trans- fornia, and indeed the world, are better for his plantation Program of the Mayo Clinic in Flor- OF CALIFORNIA efforts. ida. As Professor of Medicine in the Mayo IN THE HOUSE OF REPRESENTATIVES f Clinic College of Medicine, Dr. Solberg has Tuesday, December 6, 2011 shown great commitment to educating our Mr. FARR. Mr. Speaker, I rise today to HONORING THE LIFE OF SHERI- next generation of physicians and researchers, honor the long and distinguished career of Dr. DAN FIRE CHIEF JEFFREY D. while continuing treatment of patients and his Robert Curry. Dr. Curry, a prominent professor ROBERTS own research. of hydrology and geology at both the Univer- Service to the greater community is another sity of California at Santa Cruz and California HON. BRIAN HIGGINS attribute of Dr. Solberg’s career. This is re- State University at Monterey Bay, has spent OF NEW YORK flected in his service as Chair of the Board of his entire professional life teaching genera- IN THE HOUSE OF REPRESENTATIVES Directors of Community Hospice of Northeast tions of students how human activity can Florida for six years. Community Hospice of Tuesday, December 6, 2011 change the earth’s surface. He has also spent Northeast Florida is one of the largest non- countless hours, many without pay, working Mr. HIGGINS. Mr. Speaker, I rise today to profit hospices in the United States operating for conservation organizations on issues rang- commemorate the death and celebrate the life in 5 counties and serving up to 1000 patients, ing from soil conservation, wetland preserva- of Sheridan Fire Chief Jeffrey D. Roberts. including 100 children, every day. tion, water quality, to endangered species pro- Chief Roberts had served as an officer in For the past four years, Dr. Solberg has tection. Dr. Curry is truly a modern renais- the 45-member volunteer fire department for chaired the Committee on Practice of the sance man. He has mastered many dis- the past six years, and two years ago was American Society of Hematology and has led ciplines, including hydrology, geology, fluviual elected chief. In addition to his fire service, the Society’s efforts to educate Members of geomorphology, climatic history, wetland delin- Chief Roberts served Chautauqua County tax- Congress about hematology and issues of eation, forest ecology, and geologic hazard payers as a member of the Chautauqua Coun- concern to practitioners, such as Medicare evaluation. It is important we honor his vision, ty Department of Public Works. physician payment, reimbursement of chemo- dedication, and tenacity in doing as much as A devoted husband and father, Chief Rob- therapy drugs, and the importance of clinical humanly possible to protect the natural envi- erts leaves behind his wife Katie and children, trials. In this capacity, Dr. Solberg has visited ronment from unnecessary harm. Alexis and Berkley. A tremendously well-liked with me and my staff to educate us about the Dr. Curry is a native Californian, raised in and well-respected leader in our volunteer fire critical issues facing hematologists and pa- the Sierra Nevada area of eastern California corps in Western New York, Chief Roberts’ tients in Florida and throughout the United where both sets of grandparents instilled in untimely passing is indeed a tragedy, and the States. Dr. Solberg has advised the Food & him a love of natural history, hiking and camp- entire Western New York community joins with Drug Administration about how to address the ing. Dr. Curry and his three younger siblings, Katie, Alexis and Berkley in mourning the current shortages of life-saving drugs; and has Barbara, Judy, and Joe as well as aunts, un- Chief’s death. served on both public and private sector pan- cles and many cousins have deep roots in the Mr. Speaker, it is with profound sadness, els addressing how to improve the quality of land. He ultimately completed his doctoral dis- but also with pride that I ask you, and all of care for patients. sertation on the climatic history of the Sierra the members of the House, to join with me in Dr. Solberg is a superb advocate for his pa- Nevada and his parents are now buried at celebrating the life of Chief Jeffrey Roberts, tients and his profession and his work has high elevation in what is now a Wilderness and to join with his family in remembering him helped enhance the health and wellbeing of Area. as a dedicated and fearless public servant, Floridians and all Americans. I am grateful for Dr. Curry studied at the undergraduate and and a proud member of our Western New his lifetime contribution to field and practice of masters level at the University of Colorado. He York community. hematology.

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

VerDate Mar 15 2010 04:14 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A06DE8.001 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS E2184 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2011 RECOGNIZING LIEUTENANT COM- from their families and the comforts of the of 41 men found eligible for appointment after MANDER JASON M. WOOD, United States of America. the opportunity for them to take the entrance UNITED STATES NAVY Lieutenant Commander Wood, thank you. exam was opened in the summer of 1952. Al- Best of luck to you and God bless you, your most 20 years later, one of those pioneering HON. ROBERT J. WITTMAN family, and your fellow men and women in uni- men became the architect behind the scenes OF VIRGINIA form. of the legal action filed in 1971. IN THE HOUSE OF REPRESENTATIVES f Mr. Charles R. Thomas was the founding Tuesday, December 6, 2011 RECOGNIZING THE CITY OF president of the Vulcan Blazers Incorporated, the Baltimore City Chapter of the International Mr. WITTMAN. Mr. Speaker, I rise today to OWENSVILLE ON ITS CENTEN- Association of Black Professional Fire Fight- recognize those men and women who have NIAL ANNIVERSARY ers. Mr. Thomas approached Kenneth L. served this great Nation with honor, men such Johnson of the Johnson & Smith law firm ask- as Lieutenant Commander Jason M. Wood, HON. BLAINE LUETKEMEYER ing if he would take on this monumental case. United States Navy. OF MISSOURI After hearing the facts of the case, Mr. John- For the past year, Lieutenant Commander IN THE HOUSE OF REPRESENTATIVES Wood served on my staff as a Congressional son and his law partner, Mr. Gerald A. Smith, Defense Fellow. During his assignment, he Tuesday, December 6, 2011 agreed to take the case. served as a senior member of my staff re- Mr. LUETKEMEYER. Mr. Speaker, I rise The named plaintiff in the case was Mr. sponsible for defense, veterans, foreign affairs today to recognize the City of Owensville, lo- Louis R. Harper, Jr. It was his bravery and and intelligence matters. Lieutenant Com- cated in Gasconade County in Missouri, as selflessness that led the team of plaintiffs, in- mander Wood executed his work as a liaison the community celebrates its centennial anni- cluding Mr. Thomas G. Deshields, Mr. Carl E. to the constituents of the First District and the versary this year. McDonald, and Mr. Alphonso Thornton. These numerous defense installations in the First What is now the City of Owensville began BCFD members put their careers at risk to de- District with distinction. Furthermore, he pro- as an early trail called the Potosi to Boonslick mand that the BCFD treat all employees vided exceptional support to me as my staff li- Trail. Spurs from this main trail went to the equally. aison to the House Armed Services Com- current city, creating a crossroads that later This case addressed discrimination in the mittee in my role as a Subcommittee Chair- became the St. Louis to Springfield Road and BCFD entrance examination and promotional man and the Co-Chair of the Congressional the St. James to Hermann Road called the practices. At the time of the lawsuit, the Shipbuilding Caucus. ‘‘Iron Road.’’ names of fully qualified African American can- Lieutenant Commander Wood directly con- The city was originally laid out in 1886 by didates were marked in red by the civil service tributed to my goal of providing excellent con- the Owensville Improvement Company, whose commission before being sent to the BCFD. stituent service to the people of the First Dis- owner, Francis Owen, is the town’s namesake. The lawsuit also dealt with disparity in the De- trict. He was responsible for bringing numer- Owensville was named from the horseshoe partment’s practices for disciplining African ous constituent inquiries to a successful con- contest in 1847 by Francis Owen and Edward American fire fighters. clusion and he was able to leverage his per- Luster. The contest was won by Mr. Luster, sonal and operational experience to respond but he did not want the town named Upon the filing of the case, an injunction to the most challenging inquiries. Lusterville, and, therefore, it was named was issued to halt promotions into 44 newly In addition to his efforts on behalf of the ‘‘Owen’sville’’ in honor of his friend. Later it created battalion chief positions. Finally, in the First District, Lieutenant Commander Wood was condensed to Owensville. Owensville spring of 1973, Baltimore City was found guilty took on projects with regional, state and na- residents believe their city is the only place of discrimination in the management of the tional implications, demonstrating his ability to named as a result of a horseshoe pitching BCFD. Federal District Court Judge Joseph H. view a challenge from many angles and de- contest. Owensville was incorporated as a Young ordered a complete revamping of the velop innovative solutions often requiring col- fourth-class city on May 27, 1911. Department’s entrance examination and pro- laboration across many levels of government. Over the past century, industries such as a motional procedures. Lieutenant Commander Wood’s work ethic, corn cob pipe factory, a tomato cannery, shoe Since this lawsuit was concluded, the BCFD duty to mission, and commitment to servant factories and clay mining supported the town. has appointed an African American Fire Chief leadership is without equal. I believe that his Today, the RR Donnelly printing company and and promoted several officers to all ranks as personal drive to achieve excellence in his Emhart Glass Manufacturing are located there. high as assistant chief. work has and will set a very high standard for Owensville is a thriving town and a proud Critically, the BCFD case win was just the his peers. community of more than 2,500 residents. beginning of Mr. Johnson and Mr. Smith’s mis- I would also like to thank Lieutenant Com- In closing, I ask all my colleagues to join me sion to eradicate discrimination from the public mander Wood and his beautiful young family in wishing the residents of the City of safety profession all along the east coast. This for the service and sacrifice they make for our Owensville congratulations on their centennial team went on to win fire department cases in nation and our great Navy. His keen sense of anniversary. Philadelphia, PA and Richmond, VA. They honor, impeccable integrity, boundless work f also won cases for African American Baltimore ethic, and loyal devotion to duty earned him City Police Officers and workers at Bethlehem the respect and admiration of my staff and the THE 40TH ANNIVERSARY OF THE Steel. 1st District of Virginia. After spending eight of CASE OF LOUIS R. HARPER, ET. the last ten years stationed in Hawaii, which AL. V. MAYOR AND CITY OF As I close, I also celebrate the remarkable included three combat deployments to Afghan- BALTIMORE, ET. AL. careers of those involved in this istan and a 12 month deployment to Bahrain, groundbreaking case. Lieutenant Commander Wood is headed to HON. ELIJAH E. CUMMINGS The named plaintiff in the case, Mr. Louis R. the N88 staff at the Pentagon. After that tour OF MARYLAND Harper, Jr., became the first African American Lieutenant Commander Wood will return to the IN THE HOUSE OF REPRESENTATIVES to be promoted to Captain in the Baltimore sky and to leading Sailors as he goes back in Tuesday, December 6, 2011 City Fire Department. The other named plain- to harm’s way to execute his trade as Naval tiffs all retired with the rank of Captain with the Aviator. I have no doubt that Lieutenant Com- Mr. CUMMINGS. Mr. Speaker, I rise today exception of Mr. Carl McDonald, who retired mander Wood will continue to serve the to recognize the occasion of the 40th Anniver- as Assistant Chief. United States Navy honorably and with distinc- sary of the case of Louis R. Harper, et. al. v. tion. Mayor and City of Baltimore, et. al. This law- Mr. Kenneth Johnson has retired from the I wish him the best of luck as he continues suit, filed on December 6, 1971, to address position of Judge on Baltimore’s Supreme his Naval career. It was an honor and a pleas- discrimination within the Baltimore City Fire Bench. Mr. Gerald A. Smith still practices law ure having him serve on my staff. We all can Department, BCFD, was the first federal law- from his office in the Baltimore area. sleep soundly at night knowing that men and suit to combat discriminatory practices in hir- These men are true heroes who opened the women like Lieutenant Commander Jason ing and promotion decisions in the public safe- doors of opportunity to subsequent genera- Wood are members of our all-volunteer force ty profession. tions. I thank them for their service to Balti- and they stand ready to defend our country The BCFD hired its first African American more and to our nation—and for their willing- and take the fight to our enemies; far away fire fighters on October 15, 1953, from a group ness to lead the fight against injustice.

VerDate Mar 15 2010 04:14 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K06DE8.004 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS December 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2185 IN RECOGNITION OF THE RETIRE- and non-profits thrive, and his books have Mr. Cohn was born September 30, 1955, in MENT OF DR. DAVID L. GOETSCH helped provide students worldwide with the Memphis, Tennessee. He was the proud tools to succeed. My wife Vicki and I wish him, owner and operator of Forest City Grocery HON. JEFF MILLER his wife Deborah and daughter Savannah all Company and Tobacco Superstore, until ill- OF FLORIDA the best. ness forced him to spend less time at work. IN THE HOUSE OF REPRESENTATIVES f He was also a member of the Arkansas Oil Marketers Association, Retail Tobacco Dealers Tuesday, December 6, 2011 TERMINATING PRESIDENTIAL of America, the Associated Wholesale Grocers Mr. MILLER of Florida. Mr. Speaker, I rise ELECTION CAMPAIGN FUND AND and served as President of the Forrest City today to recognize Dr. David L. Goetsch upon ELECTION ASSISTANCE COMMIS- Country Club. Despite his obligations to his his retirement as Vice President of Northwest SION business and to his organizations, Mr. Cohn Florida State College. found time to give back to his community SPEECH OF Throughout his career in Northwest Florida, through charity and supporting local univer- Dr. Goetsch has epitomized professionalism HON. CAROLYN B. MALONEY sities’ athletic programs. and excellence in education. A Distinguished OF NEW YORK Mr. Cohn was a philanthropist and gave to Alumnus of the University of West Florida, Dr. IN THE HOUSE OF REPRESENTATIVES many causes in Forrest City. He established Goetsch was named as one of the school’s endowments with the St. Francis Community Thursday, December 1, 2011 top 40 alumni during its first 40 years. He has Foundation including the David Cohn ‘‘Wish- published more than 70 books on topics rang- Mrs. MALONEY. Mr. Speaker, I rise today in es’’ Endowment which grants wishes to those ing from management, leadership and profes- strong opposition to H.R. 3463, legislation that most in need as well as many nonprofits. This sional development to economic development terminates taxpayer financing of presidential endowment was set up by his wife Marsha and political science, and several of his best- election campaigns and party conventions and and their children as a birthday gift because sellers have been published in foreign lan- the Election Assistance Commission. they knew how important giving back to the guages. Once again, the Republican Congress is community was to David. Mr. Cohn was a In addition to his extraordinary academic bringing legislation to the floor that puts more proud supporter of the University of Arkansas portfolio, Dr. Goetsch has been recognized by control of our elections in the hands of big Razorbacks and was an ambassador for the many organizations for his excellence in the business. H.R. 3463 combines two bills that University of Memphis Athletic Department. classroom. In 1984, Dr. Goetsch was named have previously been brought before this David Cohn passed away at the young age ‘‘America’s Outstanding Technical Educator of House that I opposed and that were roundly of 56 years of age. David Cohn is survived by the Year,’’ and in 1986, he was named Flor- rejected by Democrats. his wife of 26 years, Marsha, one son, Perry ida’s ‘‘Outstanding Technical Educator of the In the wake of the Watergate scandal, Con- Partain, three daughters, Hannah Reeves, Year.’’ He has also received numerous awards gress established the current system of public Emily Cohn and Kelli Cohn, as well as his as ‘‘Instructor of the Year’’ from the University financing of our presidential elections, ena- mother, Suzanne Cohn, two sisters, a brother of West Florida, as well as Okaloosa Walton bling taxpayers to voluntarily contribute a and a host of nephews and a caretaker. Mr. Junior College. small donation to the fund. While there has Cohn’s commitments to his family and com- As an expert in Management and Leader- been bipartisan agreement that this system munity will be missed. His was a life well lived. ship, Dr. Goetsch has applied his extensive should be fixed, not eliminated, one of the Re- f knowledge to help businesses in Northwest publican House majority’s top priorities is, not Florida thrive and expand. Dr. Goetsch is the to focus on creating jobs and building our CONGRATULATING KALEB WILSON co-founder, and current Chairman of the economy but, to give corporate secret donors Board, of the Economic Development Council more control of our presidential elections. HON. BLAINE LUETKEMEYER serving Okaloosa County and its Technology The American people are rightly concerned OF MISSOURI Coast Manufacturing and Engineering Network that only big money and special interests get IN THE HOUSE OF REPRESENTATIVES (TeCMEN). He is a founding board member of a hearing in Washington. The Supreme Court the Walton Economic Development Alliance ruling in the Citizens United case opened the Tuesday, December 6, 2011 and has served as president of the Fort Wal- floodgates to greater influence by powerful Mr. LUETKEMEYER. Mr. Speaker, I rise ton Beach Chamber of Commerce, president special interests—effectively drowning out the today to ask my colleagues to join me in con- of the Niceville-Valparaiso Chamber of Com- voices of average Americans. Last year, gratulating Kaleb Wilson of the Linn High merce, board member of the Crestview Cham- House Democrats worked on bringing fairness School Wildcats Boys Cross Country team for ber of Commerce, and board member of the and transparency to campaigns with passage winning the individual Class 1 Missouri State Walton Chamber of Commerce. of the bipartisan DISCLOSE Act, legislation Championship. Dr. Goetsch also calls on his patriotism and that would ensure Americans’ voices are not Mr. Wilson should be commended for all of service as a United States Marine to support drowned out by corporate dollars. his hard work throughout the regular season local military installations, missions and de- Unfortunately, before us today is legislation and bringing home the individual state title to fense contractors. He currently serves on the that did not receive an opportunity for debate his school, family and community. At the State three-county Defense Support Initiative in an or amendment, which would make presidential Cross Country Championships in Jefferson ex officio position, and this year he was ap- candidates more dependent on big corporate City, Kaleb completed the race with a time of pointed by State Senator Mike Haridopolos to money that corrupts our political system. 17 minutes 1.32 seconds. The victory led to utilize his expertise as a member of Governor I urge my colleagues to oppose it. his team’s overall win, but it has also provided Rick Scott’s Florida Defense Support Task f additional support and comfort to his family. Force. Kaleb has dedicated this season, including his Dr. Goetsch also spends valuable time serv- HONORING THE LIFE AND final championship race, to his cousin who is ing throughout the community and has been ACHIEVEMENTS OF MR. DAVID J. still in the hospital following a car accident in recognized at both the local, state and na- COHN early September. tional level. In 2005, Dr. Goetsch was award- I ask that you join me in recognizing Kaleb ed the ‘‘James Campbell Community Service HON. STEVE COHEN Wilson for a job well done. Award’’ from the Niceville-Valparaiso-Bay Area OF TENNESSEE f Chamber of Commerce, and he also received IN THE HOUSE OF REPRESENTATIVES the ‘‘Spirit of Freedom Award’’ from the North- HONORING THE SERVICE OF west Florida Daily News. In 2009, the Car- Tuesday, December 6, 2011 ROBERT G. MAHONY negie Foundation recognized Dr. Goetsch for Mr. COHEN. Mr. Speaker, I rise today to ‘‘Outstanding Community Engagement.’’ honor the life of Mr. David J. Cohn, a small HON. STENY H. HOYER Mr. Speaker, I am pleased to recognize the business owner and philanthropist from For- OF MARYLAND career and accomplishments of Dr. David L. rest City, Arkansas who passed away on No- IN THE HOUSE OF REPRESENTATIVES Goetsch. His service to the academic and vember 26. Mr. Cohn was a proud member of business communities in Northwest Florida is Temple Israel in Memphis, whose compassion Tuesday, December 6, 2011 laudable. His expertise has helped small busi- and devotion to helping the less fortunate was Mr. HOYER. Mr. Speaker, I rise to speak nesses, large corporations, cities, counties well-known to those who knew him. about an outstanding public servant who will

VerDate Mar 15 2010 04:14 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K06DE8.006 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS E2186 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2011 soon be retiring after nearly forty-eight years or commission and who has demonstrated ex- Mrs. Anderson is the wife of Mr. Matt Ander- of service to our nation. ceptional service to the community. son, mother to Shakita Quarles and Shakemia Robert G. Mahony was born and raised in Marlene has committed herself to volunteer Anderson and grandmother to Cason Hughes. Chicago, Illinois, and attended the University service on the often-overlooked advisory Mrs. Anderson is an active member of the of Notre Dame. When he graduated, in 1961, boards and commissions that are nonetheless Durant Church of Christ where she serves as Bob was commissioned a 2nd Lieutenant in so vital to the functioning of a caring commu- Sunday school teacher and coordinator for the United States Army. He attended law nity. She has, through mastery of areas like several of the church’s special events and school at Loyola University Chicago and heath care and human services, given us a projects. earned his J.D. in 1965. For the following two model of how a single person can affect policy Mrs. Anderson has devoted a great deal of years, Bob served on active duty, including a and programs that improve the lives of our en- her life to supporting and encouraging the combat tour in Vietnam. After returning home, tire community. Her wisdom and counsel con- youth of her community. She was named Mis- he became a member of the Army Reserves tinue to be indispensable in everything Fairfax sissippi’s Second Congressional District Par- and transferred to the Judge Advocate Gen- County does in health and human services. ent of the Year in recognition of her many eral Corps. I have been privileged to call Marlene a contributions to protect the welfare of the chil- Service in the military was only the begin- friend for many years now, and I have worked dren of her community. ning for Bob. In 1967, he began work as a trial very closely with her on countless issues. Her She is co-founder of Coats for Kids, a pro- attorney for the Criminal Division of the De- dedication and hard work have been inspira- gram that provides coats to children who are partment of Justice here in Washington. After tional. Marlene has been a truly transformative in need within the Holmes County area. She nine years there, he spent a year in private figure, leading by deed and example, improv- is an adult volunteer with the Girl Scouts, area practice and was subsequently appointed as ing the lives of the very youngest to the very cheerleading squads, and the Community Stu- an Administrative Law Judge at the Depart- oldest. dents Learning Center After-School Tutorial ment of Labor, serving in that capacity for Over the years, Marlene has served in a program. twenty years. Since 1997, Bob has been an number of different roles on a number of dif- Mrs. Anderson is a 1989 graduate of Jacob Administrative Law Judge at the Securities ferent boards and committees, generously giv- J. McClain High School and is a strong pro- and Exchange Commission. ing of her time and expertise. She was Presi- ponent of education. She stands firmly on her Throughout his civilian career, Bob re- dent of the Fairfax County Council of Parent beliefs in regard to education and is not afraid mained in the Army Reserves, serving with Teacher Student Association and promoted to vocalize it. Mrs. Anderson is not only a wife, distinction as the Commander of the 10th Mili- student needs. As Chairman of the Fairfax parent, and grandparent, but she is also a tary Law Center and later as Staff Judge Ad- County School Health Task Force, Marlene very valuable asset to the Holmes County vocate for the 97th Army Reserve Command led the effort to place public health nurses in community. at Fort Meade. He retired as a Colonel in every school. She led the effort to create the Mr. Speaker, I ask that you and our col- 1991 and received the Legion of Merit for ex- Community Health Care Network which pro- leagues join me in expressing my appreciation ceptionally meritorious conduct in the perform- vides primary health care to uninsured and to Mrs. Audrey Quarles Anderson of Lex- ance of outstanding services and achieve- underinsured individuals. Marlene helped cre- ington, Mississippi for her commitment and ments. Bob is also a holder of the Vietnam ate the County’s HIV/AIDS Task Force in 1989 servitude to the cause of education. Service Medal, the National Defense Service providing prevention and education assist- f Medal, and the Vietnam Campaign Medal from ance. She served on the Planning Committee the former South Vietnamese government. to End Homelessness, providing blueprint rec- HONORING MARIE CLARKE ARTURI Bob’s commitment to public service extends ommendations. Marlene was instrumental in AND HER DAUGHTER, DANIELLA as well to involvement in the community. He the creation of the Medically Fragile Respite MARIA ARTURI has served for over three decades as an offi- Program in 2006, providing medically needy cial of the Northern Virginia Swimming League homeless individuals with critically needed HON. CAROLYN McCARTHY and for over twenty-five years as a basketball care. Marlene served as the first Chairman of OF NEW YORK coach with the Braddock Road Youth Club, the Consolidated Community Funding Pool IN THE HOUSE OF REPRESENTATIVES Saint Mary’s Academy in Alexandria, the Holy Advisory Committee, providing funding alloca- Tuesday, December 6, 2011 Spirit Catholic Church in Annandale, and the tion recommendations for the County’s various Holy Trinity School in Washington. human services needs and helping to estab- Mrs. MCCARTHY of New York. Mr. Speak- Bob and his wife, Margaret, have been mar- lish a professional, nonpartisan procedure for er, I rise today to congratulate Mrs. Marie ried for forty-four years and instilled in their allocating human services funding. Clarke Arturi of Laurel, Suffolk County, New four children a love of public service. I have One cannot overstate the profound impact York, the recipient of the 2011 American Soci- borne witness to this, since their daughter, Marlene Blum has had on the daily lives of ety of Hematology (ASH) Outstanding Service Gina, used to work on my staff. Fairfax County residents over her more than Award in recognition of her efforts over more Bob Mahony will retire from government 20 years of service, and she is an indispen- than a decade to raise public awareness and service on January 3 after forty-seven years, sable resource for our community. She truly increase scientific research for the rare bone eleven months, and twelve days. I join in represents a living example that one deter- marrow failure disorder, Diamond Blackfan thanking him for his dedicated service to our mined citizen does make a difference. I ask Anemia (DBA). country and wishing him all the best in his re- my colleagues to join me in congratulating Mrs. Arturi founded the Daniella Maria Arturi tirement. Like all of our public servants, he Marlene Blum for receiving the 2011 Lawrence Foundation with her husband, Manny, in honor can look back on his career and know he V. Fowler award and to take this opportunity of their daughter Daniella’s short but beautiful made a real difference in the lives of many to recognize all of our tireless citizen volun- life, whose death from treatment complications Americans and the life of our nation. teers who give of themselves to better our of DBA on this day sixteen years ago, Decem- f communities. ber 6, 1995. This marked the beginning of the Arturis’ tireless efforts to improve the clinical f CONGRATULATING MARLENE care environment for those living with this dis- BLUM FOR RECEIVING THE 2011 RECOGNIZING MRS. AUDREY order and to inspire a remarkable and growing LAWRENCE V. FOWLER AWARD QUARLES ANDERSON FOR HER field of researchers now dedicated to this field CONTRIBUTIONS TO EDUCATION of science. HON. GERALD E. CONNOLLY AND SERVICE IN HOLMES COUN- Mrs. Arturi’s efforts have helped shine a OF VIRGINIA TY, MISSISSIPPI light on the value of understanding rare dis- IN THE HOUSE OF REPRESENTATIVES eases. By demonstrating DBA’s complex link to red cell aplasia, birth defects, cancer pre- Tuesday, December 6, 2011 HON. BENNIE G. THOMPSON OF MISSISSIPPI disposition, and the first human disease identi- Mr. CONNOLLY of Virginia. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES fied as a ribosomal protein defect disorder, her rise today to congratulate Marlene Blum on re- work has made DBA an important area of ceiving the Lawrence V. Fowler Award. The Tuesday, December 6, 2011 focus within the National Institutes of Health, Fairfax County, Virginia, government gives the Mr. THOMPSON of Mississippi. Mr. Speak- the Centers for Disease Control and Preven- Fowler award annually to a citizen volunteer er, I rise today to recognize Mrs. Audrey tion, and clinical and research communities who has served on a County board, authority Quarles Anderson of Lexington, Mississippi. worldwide. These efforts are now leading to

VerDate Mar 15 2010 04:14 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.004 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS December 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2187 improvements in care and research for pa- Joaquin Valley. From his home farm, founder Sein, Secretary General of the Karen National tients with blood disorders like DBA, while also Bill Clark recognized the benefits of genetic Union. leading to advanced research initiatives that potential and its role in producing the most ef- I urge the Secretary of State, when engag- are yielding clues to other, more widespread ficient and highest quality livestock. Today, ing in further dialogues with the Burmese gov- disease populations. World Wide Sires is the world’s leading cattle ernment, to proceed with the utmost caution. The 2011 Outstanding Service Award will be genetics marketing organization with active OFFICE OF THE SUPREME HEAD- presented to Mrs. Arturi during the 53rd Amer- markets in over 70 countries. QUARTERS, KAREN NATIONAL ican Society of Hematology Annual Meeting in In 2001, World Wide Sires Inc. was pur- UNION, KAWTHOOLEI, San Diego, California, on December 11, 2011. chased by Accelerated Genetics and Select November 25, 2011. Mr. Speaker, I ask my colleagues to join me Sires and became World Wide Sires Ltd. Still Hon. HILLARY RODHAM CLINTON, today in congratulating Mrs. Marie Clarke operating as a stand-alone company, World Secretary of State, Washington, DC. Arturi and her family for their outstanding pub- Wide Sires has continued to use the San Joa- DEAR MADAM SECRETARY: Thank you for lic service to rare disease communities and quin Valley as the hub for their growing inter- your constant support and encouragement those living with Diamond Blackfan Anemia in national sales, maintaining headquarters in for the people of Burma. honor of Daniella Maria Arturi. Visalia, California. During its 40 years, World The leaders of the Karen National Union f Wide Sires has sold products in 108 countries, (KNU), welcome your engagement with the all from only a few miles away from founder government of Burma and your leadership RECOGNIZING MR. DENNIS ROB- Bill Clark’s original home farm. alongside Daw Aung San Suu Kyi to bring to ERTS, RECIPIENT OF THE A leading exporter of US bovine genetic ma- the forefront the need to see an end to the DYNCORP INTERNATIONAL ongoing conflicts in the ethnic states and an terial, World Wide Sires remains committed to end to the oppression of all people inside CHAIRMAN’S PURPLE STAR providing dairy and beef producers throughout AWARD Burma. the world with the highest quality genetics and We the KNU would like to ask you to take services available. I applaud World Wide Sires the lead to recognize the desires of all the HON. ADAM SMITH for their hard work and dedication to the agri- ethnic groups, both armed and unarmed, to OF WASHINGTON cultural community, and I congratulate them be treated as equals in the effort to establish a genuine federal union: A union that recog- IN THE HOUSE OF REPRESENTATIVES on their 40th anniversary. nizes the rule of law and recognizes the Tuesday, December 6, 2011 f equality of all. Mr. SMITH of Washington. Mr. Speaker, I BURMA We invite you to meet with ethnic leaders from all of the ethnic organizations both rise today to recognize Mr. Dennis Roberts for armed and unarmed as we move forward to being the recipient of the DynCorp Inter- HON. JOSEPH R. PITTS work toward a peaceful and stable nation national Chairman’s Purple Star Award. This OF PENNSYLVANIA where our citizens can truly be free from award recognizes Mr. Roberts’ courage and IN THE HOUSE OF REPRESENTATIVES governmental oppression. We need your help sacrifice while working as a security coordi- and your engagement with all of us. Tuesday, December 6, 2011 nator in Afghanistan. Sincerely, The Chairman’s Purple Star Award is the Mr. PITTS. Mr. Speaker, I am deeply con- ZIPPORAH SEIN, highest honor given by DynCorp to its employ- cerned about the international community’s re- General Secretary, Karen National Union. ees. It recognizes individuals who have been cent trust in assurances that Burma is opening f killed or wounded while supporting a cus- up to the world and becoming a true democ- CONGRATULATING THE ROCK tomer’s mission for their exceptional sacrifice. racy in which the rights of all people in Burma BRIDGE HIGH SCHOOL BRUINS In February of 2010, Mr. Roberts was sup- are protected. There have been some positive BOYS CROSS COUNTRY TEAM porting our Armed Forces at Kandahar Air steps taken recently by the dictators, however, Field, Afghanistan. During a sudden rocket at- until we see permanency in these changes, tack that was launched upon the installation, we would all do well to remain deeply cau- HON. BLAINE LUETKEMEYER Mr. Roberts was struck and severely injured tious. OF MISSOURI by the motor that separated from the rocket. It One important issue the Secretary of State IN THE HOUSE OF REPRESENTATIVES addressed during her visit this week to Burma penetrated a nearby vehicle before striking Mr. Tuesday, December 6, 2011 Roberts, who suffered severe injuries to his regarded the attacks by the dictatorship’s chest, hand, and shoulder. troops against the ethnic minorities. It is vital, Mr. LUETKEMEYER. Mr. Speaker, I rise In the time since the attack, Mr. Roberts has and I cannot emphasize this enough, that today to ask my colleagues to join me in con- overcome great hardship, undergoing numer- leaders of the various ethnic groups be in- gratulating the Rock Bridge High School Bru- ous surgeries and completing extensive phys- cluded in any and all discussions, dialogue ins Boys Cross Country team for winning the ical rehabilitation to recover from his injuries. and decision about the future of Burma. I Class 4 Missouri State Championship. He is also working towards his bachelor’s de- would call your attention to the call by the The young men and their coaches should gree and upon his expected graduation next U.N. for a tri-partite dialogue—all three parties, be commended for all of their hard work year, hopes to use his education and experi- the dictatorship, the democracy groups and throughout the regular season and bringing ence to continue working to support America’s the ethnic groups, must be included fully in all home the state title to their school and com- security. negotiations and agreements in order for true munity. At the State Cross Country Champion- Mr. Speaker, it is an honor to recognize change to come to Burma. This is even more ships in Jefferson City, the Bruins won the Dennis Roberts for receiving this award and I important when, during this visit and the re- state title with a score of 61, 28 points better ask that my colleagues in the House of Rep- cent ASEAN meetings, the dictatorship was than second place. They have made history resentatives please join me in congratulating violently attacking one or more ethnic groups. for the school, as it is the Rock Bridge boys’ him. A few years ago, I submitted a Statement first state title. I ask that you join me in recognizing the f for this Record describing the Advanced Light Helicopters that India sold to Burma. The dic- Rock Bridge Bruins for a job well done! COMMEMORATING WORLD WIDE tators of Burma used these, plus other military f SIRES 40TH ANNIVERSARY hardware sold to them by a variety of nations against the ethnic minority civilian populations. HONORING LARENCE C. ‘‘LARRY’’ HON. DEVIN NUNES The brutality of Burma’s Generals against the MAXWELL OF CALIFORNIA ethnic minorities has not stopped, even during IN THE HOUSE OF REPRESENTATIVES this time when they are allegedly making HON. JEFF DENHAM democratic reforms. Therefore, we as a demo- Tuesday, December 6, 2011 OF CALIFORNIA cratic, free nation must be extremely careful of IN THE HOUSE OF REPRESENTATIVES Mr. NUNES. Mr. Speaker, I rise today to ex- what the Generals are really up to—they tend my congratulations to World Wide Sires haven’t proven themselves trustworthy in the Tuesday, December 6, 2011 as they celebrate their 40th anniversary. past. Mr. DENHAM. Mr. Speaker, I rise today to World Wide Sires was established in 1971 I would like to submit for the RECORD, a honor Veterans of Foreign Wars Chowchilla in Hanford, California, a small town in the San short letter to the Secretary from Ms. Zipporah Post 9896 Life Member Larence C. ‘‘Larry’’

VerDate Mar 15 2010 04:24 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.007 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS E2188 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2011 Maxwell who served his country honorably Barracks, at Fulda, Germany. The unit was re- Drill Sergeant Badge. During his military ca- from a very young age. sponsible for protecting the East/West German reer, Larry earned an Associate of Arts degree Larence C. ‘‘Larry’’ Maxwell entered the border. After completion of the tour with the from Central Texas College. United States Army shortly after completing 11th Armored, he found himself back at Fort After retirement from the Army, Larry high school and began a journey that would Leonard Wood as First Sergeant of A Com- worked as a Corrections Officer for the see him serve in multiple wars and conflicts pany, 6th Battalion, 10th Infantry Basic Train- Madera County Probation Department, where for thirty-two years throughout the world culmi- ing. he performed duties as an instructor in cere- nating with promotion to Command Sergeant In June 1988, he was selected for the Ser- mony and physical drill at the boot camp. In Major, the highest enlisted rank in the Army. geants Major Academy at Fort Bliss, Texas. 2000, his drill team won the Grand Prize at The son of Andrew and Addie Maxwell of After graduating from the Sergeants Major the Fresno Veterans Day Parade. He was pro- Chowchilla, Larry was born in Madera on De- Academy in January 1989, he was assigned moted to sergeant in 2002 and continued to cember 21, 1946. He was raised in to Army forces at Camp Nimble in Korea as teach and counsel adolescents to become Chowchilla, where he attended elementary First Sergeant of B Company, 44th Engineer productive members of society until his retire- school and attended Le Grand High School. In Battalion. The 44th had responsibilities for du- ment from the Probation Department in Janu- 1965, he entered the Job Corps. In 1966, he ties on the Demilitarized Zone (DMZ). In Sep- ary 2010. was drafted at age nineteen and subsequently tember 1989, he was promoted to Sergeant Larry is a life member of Chowchilla VFW enlisted in the Army. He completed basic Major and served in the capacity in Korea at Post 9896 and American Legion Post 148. He training at Fort Ord, California and then Ad- Camp Mercer. is a member of the Army Engineer Associa- vanced Individual Training at Fort Leonard After returning stateside, he assumed duties tion, the Noncommissioned Officers Associa- Wood, Missouri, where he was selected for as Sergeant Major for the 535th Prime Power tion, the Association of the United States training as an Army Engineer Heavy Equip- Detachment at Fort Monmouth, New Jersey. Army, and the Armed Forces Association. He ment Operator. His first duty assignment was The 535th had teams stationed in Kentucky, is a member of the Grace Community Church and is a volunteer with Food Bank. with C Company, 94th Engineer Battalion in Georgia, Virginia, New Jersey, Panama, and Larry has two brothers, Charley Maxwell Nillingen, Germany, where he assisted in the Germany. (deceased) of Idaho, First Sergeant (Ret.) At the beginning of the Gulf War, Maxwell construction of facilities for ammunition and Donnie Maxwell, Sr. of Madera, and three sis- was designated Command Sergeant Major. In equipment when France resigned from NATO. ters, Donna Lea and Bonnie Bartley of Vietnam was the next tour for the young the U.S. Army, the leadership position of Com- Madera, and June Maxwell of Cleveland, Army combat engineer. He was assigned to mand Sergeant Major is the highest enlisted Oklahoma. Larry married his first wife, Linda the 92nd engineer Battalion in January 1968 rank and acts as the senior enlisted advisor to Swilley of Chowchilla and had three children, as a heavy equipment operator and squad the commanding officer and represents all the Garry Maxwell and his wife Tonya of Fal- leader. The 92nd was known as the ‘‘Black enlisted soldiers of the command. mouth, Kentucky, and a daughter Samantha Diamonds’’ and gained a reputation as the Maxwell was made Battalion Sergeant Major and husband Tim Richards of Chowchilla, and ‘‘can do’’ unit during combat operations, earn- of the 43rd Engineer Battalion and deployed to daughter Wendy and husband Chris Yowell of ing fourteen battle streamers in Vietnam and Saudi Arabia, where he became Command Chowchilla. Larry married Ronda Davis of Mul- four Meritorious Unit Commendations and the Sergeant Major of Task Force 43 assigned to berry Indiana, who has two children, Jonathan Vietnamese Civil Action Honor Medal First echelons above corps during hostilities with Shambaugh and wife Melanie of West End, Class. Maxwell participated in the Tet Offen- Iraq. New Jersey, and Courtney Shambaugh and sive and four more major campaigns until his After the Gulf War, he participated in dis- Andrew Watkins of Highland, New Jersey. tour ended in January 1969. He was wounded aster relief during Hurricane Andrew. He de- Larry has thirteen wonderful and very active by enemy mortar fire in May 1968 and was ployed to Somalia twice, first as Sergeant grandchildren. medevaced to the Army hospital at Bien Hoa Major with Task Force 43, 10th Mountain Divi- Mr. Speaker, please join me in thanking and after recovery from his wounds he re- sion, and the second time when his battalion Larence C. ‘‘Larry’’ Maxwell for his honorable turned to the 92nd for duty. was attached to United Nations’ forces for the service to our great country, and wishing him He concluded his twelve-month tour and re- construction of Victory Base. He subsequently the best of luck and health in his future en- turned stateside. He took a brief break from deployed to Panama and Costa Rica for civic deavors. the Army for two years before re-enlisting in action projects and construction of medical aid f 1971, and was stationed at Fort Bliss, Texas, facilities. His last assignment was Command with the 68th engineer Company as a squad Sergeant Major of the 84th Engineer Battalion HONORING MRS. DIANE MCMANUS leader and heavy equipment operator, where and Sergeant Major of the 45th Corps Support he worked on numerous projects including Group (Forward), with the Army’s famed HON. MICHAEL H. MICHAUD those for the Bureau of Indian Affairs on the ‘‘Tropic Lightning’’ 25th Infantry Division at OF MAINE Mescalero Indian Reservation. After Fort Bliss, Schofield Barracks, Hawaii. While at Schofield, IN THE HOUSE OF REPRESENTATIVES he received orders to report to the 598th Sup- Maxwell deployed with units throughout the Tuesday, December 6, 2011 ply and Service Company in Kaiserslautern, Philippines, and other areas. After thirty-two Mr. MICHAUD. Mr. Speaker, I rise today to Germany, where he assumed duties as Class years of service to his country, he retired from recognize the achievements of Diane 3 Distribution Chief. He subsequently was pro- the U.S. Army in 1998 and returned to McManus who will be retiring after 25 years of moted to Assistant Platoon Sergeant of the Madera. outstanding work in the field of commercial Equipment Platoon with the 370th engineer For his service, Command Sergeant Major lending and finance. company. While serving in Germany, his unit Maxwell was awarded numerous decorations Throughout her career, Diane has been a was designated as the best engineer company including: two awards of the Legion of Merit, committed advocate on behalf of Maine’s busi- in the U.S. Army. the Bronze Star, Purple Heart, three awards of ness community. As Vice President of Finance In 1975, he reported to B Company, 43rd the Meritorious Service Medal, four awards of for Development Concepts Inc., she worked engineer battalion, Fort Benning, Georgia, the Army Commendation Medal, three awards hand in hand with companies to locate new in- where he served initially as a squad leader of the Army Medal, Vietnam Campaign Medal, vestment streams and further develop their and promoted to platoon sergeant. With obvi- Vietnam Service Medal with five campaign business models. Diane brought this back- ous leadership qualities, he was assigned to stars, Armed Forces Expeditionary Medal, two ground with her to Northeast Bank where, as the 36th Engineer Group as an instructor in awards of the National Defense Service a loan officer, she continued to provide re- the Basic Leadership Course. His superiors Medal, United Nations Medal, ten awards of sources to help grow Maine enterprise. Her selected him to attend the Engineer Advanced the Good Conduct Medal, two awards of Hu- devotion to local commercial development, Course at Fort Belvoir, Virginia. Upon comple- manitarian Service Medal, the Korean Defense and the successes that followed, have earned tion of the Advanced Course, he was selected Service Medal, the Presidential Unit Citation, her numerous promotions and professional ac- for Drill Sergeant School at Fort Leonard the Republic of Vietnam Cross of Gallantry colades. As Regional Vice President and Sen- Wood, Missouri. After graduation from Drill Unit Award with frame, the Southwest Asia ior Market Manager at Camden National bank, Sergeant School, he served as Drill Sergeant Service Medal, Kuwait Liberation Medal, two Diane is leaving behind a thriving program that from June 1979 to October 1982. awards of the Army Service Ribbon, four covers $82 million in commercial loans. He returned to Germany as First Sergeant awards of the NCO Professional Development Diane has not only excelled within the realm with the 58th Combat Engineer Mechanized Ribbon, the German Schutzenschnur, the of business, but she has gone above and be- 11th Armored Cavalry Regiment at Downs Bronze and Silver de Fleury Medal, and the yond expectations to serve her community as

VerDate Mar 15 2010 04:24 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.012 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS December 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2189 well. In 2002, she was awarded the Maine site, nestled in a rural mountain fold not far up in public housing, he saw education as a State Chamber Volunteer of the Year Award. from my home. Every phase of the attempted means to future success. Two educators saw In 2004, she earned the Chamber of Com- rescue effort was captured and broadcast his potential for achievement and helped pay merce Ken Additon Small Business Advocate around the globe, and for many tense and his way for college. He graduated from Allen Award, and most recently, Diane was recog- worrisome hours, coal miners were very much University with a bachelor’s degree and South nized as the Number one U.S. Small Business on the minds of the world, holding its collec- Carolina State College with a master’s degree. Administration 504 Lender in the State of tive breath and hoping for a miracle—a mir- Mr. Williams was instilled with the same op- Maine by the Granite State Development acle that was not be. timistic belief in those around him. He started Corp. Now, after the passing of many months, it is out as a social studies teacher, but eventually It is always with some lingering sadness clear that the loss of those 29 miners was not went on to become a principal at five different that I pass along my best wishes for the retire- due to one unpreventable, fateful incident, but, Pinellas County schools. In 2010, Mr. Williams ment of an individual such as Ms. McManus. instead, it was the result of a pervasive, long- was elected to the School Board seat for Dis- Though retirement is well-deserved and will running, callous corporate culture that put pro- trict 7. Local educational leaders, such as the begin a new and exciting chapter in her life, it duction and profit far above people. current head of the local teachers union, credit It is no coincidence that, today, the Mine also signifies that Maine is losing one of its him for seeing leadership in them when he Safety and Health Administration is releasing most dedicated and valued employees. chose to hire them. His hard work, sacrifice its final report on the UBB disaster. This day, Diane’s perpetual willingness to believe in and determination have truly impacted our December 6th—the anniversary of the 1907 Maine businesses has touched the lives of community and continue to do so. countless entrepreneurs throughout the state. Monongah Mine disaster, the worst mining dis- The Tampa Bay community mourns his loss I wish her the very best going forward as she aster in American history—is also the Con- and is so thankful for his many years of serv- takes this exciting next step. gressionally designated ‘‘National Miners Mr. Speaker, please join me in congratu- Day.’’ ice to students and our community. I ask that lating Diane McManus on her retirement and I am proud to have been the author of the you and all Americans remember such a re- honoring her 25 years of impeccable commit- House Resolution that sought to establish this markable educator for his ability to inspire suc- ment to her field and her community. date as a milestone of national recognition cess in others. f and remembrance of America’s miners. It is a shameful truth that each advance in our Na- f RECOGNIZING AMERICA’S MINERS tion’s mine safety system has come only after HONORING DR. CHARLES ON NATIONAL MINERS DAY a mine disaster. But I hope that this day might GRINDSTAFF alter that tradition and serve to bring the miner HON. NICK J. RAHALL II out from the dark of the mines into the na- OF WEST VIRGINIA tional light for at least one day each year. It HON. H. MORGAN GRIFFITH IN THE HOUSE OF REPRESENTATIVES seems to me far preferable that our national OF VIRGINIA Tuesday, December 6, 2011 conscience be kindled not by tragedy, but, in- IN THE HOUSE OF REPRESENTATIVES Mr. RAHALL. Mr. Speaker, I submit the fol- stead, by celebration. And so I urge that, at least on this one day lowing. Tuesday, December 6, 2011 each year, the Congress and all Americans Watching coal-miners at work, you realize will turn our attention to recognizing the con- Mr. GRIFFITH of Virginia. Mr. Speaker, I momentarily what different universes people submit these remarks in memory of Dr. inhabit.—George Orwell. tributions that miners have made to our Na- tion—its economic vitality and its military Charles Grindstaff, a great man, devoted edu- George Orwell was humbled by coal min- cator, and public servant from Southwest Vir- ers—brave and earnest individuals who work strength. And that we will take this annual opportunity to help ensure that these men and ginia. Dr. Grindstaff left us on December 2, hard hours, often in cramped, damp, lamp-lit 2011. corners far below the surface of the Earth. He women are assured of safe, healthy, humane Born on September 3, 1947, in Bluefield, W. was shocked by the living and working condi- conditions in which to earn an honest living. Va., Dr. Grindstaff was raised in the small tions he witnessed while he boarded in the America and American miners deserve no town of Bishop, Va. He later earned degrees coal mining communities of Northern England, less. from Tazewell High School, East Tennessee accompanying the miners underground to see, f State University, Radford University, and first-hand, the hot, horrible conditions under HONORING LEWIS WILLIAMS NOVA University. After God and family, Dr. which they labored. Grindstaff’s passion was education. Since ‘‘Down there,’’ he wrote, ‘‘where coal is dug HON. KATHY CASTOR is a sort of world apart which one can quite 1969, Dr. Grindstaff—often known simply as OF FLORIDA ‘‘Dr. G’’—served students as a teacher, ad- easily go through life without ever hearing IN THE HOUSE OF REPRESENTATIVES about.... It is so with all types of manual ministrator, and professor in Tazewell County work; it keeps us alive, and we are oblivious Tuesday, December 6, 2011 Public Schools, Horry County, SC Schools, of its existence. More than anyone else, per- Ms. CASTOR of Florida. Mr. Speaker, I rise and at Concord University in Athens, W. Va. haps, the miner can stand as the type of the today to honor and highlight the distinguished For over 15 years, Dr. Grindstaff also served manual worker, not only because his work is life and career of the Honorable Lew Williams, the Town of Tazewell as a councilman and as so exaggeratedly awful, but also because it is who passed away sadly on December 3rd, mayor until the time of his death. He was an so vitally necessary and yet so remote from 2011. Mr. Williams was a member of the avid sportsman, enjoyed performing in local our experience, so invisible, as it were, that Pinellas County School Board and a local edu- theatre, and sharing his musical talents. Dr. we are capable of forgetting it as we forget the cator. His impact on our community will be felt Grindstaff leaves behind his wife Suzanne, blood in our veins.’’ for years to come. He leaves behind two chil- daughters Heather and Christina, and his son Even now, in an age of Twitter and reality dren and his wife, Arthurene. Andy, as well as three grandchildren. TV, when every aspect of life can be beamed Mr. Williams was elected to the Pinellas Dr. Grindstaff, through both his work in the around the world in an instant, it is too easy County School Board in 2010. However, over classroom and local government, impacted to forget about the miner and his daily digging his lifetime, his impact was profound. Quiet countless lives. He was also my District Direc- chores, sequestered far from our view, though and reserved, he chose his words carefully in tor Michelle Bostic Jenkins’ principal at Jewell intimately connected to so many of our daily a way that would be sure to have the most im- Ridge Elementary and taught with her mother needs and desires. pact. His colleagues on the School Board for several years. After a flood on the Clinch Yet, from time to time, something happens have noted that he often had the ability to River destroyed many of their belongings, Dr. to remind us of that separate world. Unfortu- drive debates to a solution, while being one of Grindstaff was there willing to help. He was nately, that something is, too often, a tragedy, the quietest individuals in the room. In his time well known for his exceptional goodwill and like the explosion at Massey Energy’s Upper on the Board, he was able to move the district dedication to the Tazewell community. I am Big Branch Mine in Southern West Virginia, on in a different direction and was instrumental in honored to pay tribute to this great man’s April 5, 2010, that took the lives, far too soon, leading the fight for changes in the district’s many contributions. His legacy and influence of 29 hardworking men. superintendent position. will be long remembered in Tazewell and In the hours following that explosion, report- Lew Williams was born in Blakely, Georgia, throughout Southwest Virginia. He will be ers from around the Nation flocked to the mine but moved to Florida at a young age. Growing missed, but never forgotten.

VerDate Mar 15 2010 04:14 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A06DE8.013 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS E2190 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2011 CONGRATULATING THE MISSOURI of solo albums, performed at Stax-related women religious, and she will be dearly CATTLEMEN’S ASSOCIATION ON events and reformed the ‘‘Soul Children.’’ missed. ITS 100TH ANNIVERSARY J. Blackfoot passed away on November 30, f 2011 at 65 years of age. Memphis, known for its rich musical heritage, mourns the loss of HONORING 1LT IVAN D. HON. BLAINE LUETKEMEYER LECHOWICH OF MISSOURI one of its unique voices. Mr. Speaker, I ask all IN THE HOUSE OF REPRESENTATIVES of my colleagues to join me in honoring the contributions J. Blackfoot made to the music HON. GUS M. BILIRAKIS Tuesday, December 6, 2011 community. As an artist and music maker, his OF FLORIDA Mr. LUETKEMEYER. Mr. Speaker, I rise was a life well lived. IN THE HOUSE OF REPRESENTATIVES today to recognize the Missouri Cattlemen’s f Tuesday, December 6, 2011 Association, which is celebrating its one hun- dredth anniversary this year. HONORING THE MEMORY OF SIS- Mr. BILIRAKIS. Mr. Speaker, I rise today to The Missouri Cattlemen’s Association began TER CATHERINE (MARY ISAAC) honor the life, sacrifice, and heroism of Army in 1911 as the Missouri Livestock Producers COLBY, DOMINICAN SISTER OF First Lieutenant Ivan Lechowich of Valrico, Association and adopted its current name in PEACE Florida. 1968. In the beginning, dues were only $2, 1LT Lechowich, a combat engineer, was un- and were reduced to a quarter during the De- HON. PATRICK J. TIBERI fortunately killed while conducting combat oppression. OF OHIO erations for Operation Enduring Freedom on Missouri ranks third in the Nation in the IN THE HOUSE OF REPRESENTATIVES September 28, 2011, in Ghazni Province, Af- ghanistan. number of cows, and the Missouri Cattlemen’s Tuesday, December 6, 2011 Association is the voice for the State’s 60,000 U.S. Army combat engineers are greatly ad- beef producers, focusing on issues that affect Mr. TIBERI. Mr. Speaker, I rise today to pay mired for their fearlessness and diligence in beef production while also providing a safe, tribute to and honor the memory of Sister helping to tackle rough terrain in combat situa- abundant, and nutritious source of food. Catherine (Mary Isaac) Colby, O.P., Ed.D., of tions and for providing combat effectiveness to In closing, Mr. Speaker, I ask all my col- the Dominican Sisters of Peace in Columbus, maneuver forces. 1LT Lechowich personified leagues to join me in wishing the members of Ohio, who passed away suddenly on Decem- this bravery and dedication while he and his the Missouri Cattlemen’s Association con- ber 2, 2011. team worked to clear a roadway of explosive gratulations on reaching this significant mile- Sister Catherine Colby was a native New devices on the day of his death. During his stone. Yorker, and a graduate of St. Helena’s Ele- Army career, he has been awarded a Sapper f mentary School in the Bronx and Dominican Tab, the Purple Heart, Bronze Star, Army Academy in Manhattan. She entered the Novi- Commendation Medal, and NATO medal. HONORING THE LIFE OF ‘‘J. tiate of the former Dominican Sisters of St. Outside of the Army, Ivan was a loving hus- BLACKFOOT’’—JOHN COLBERT Mary of the Springs in 1960 and made her band and new father, whose daughter was Profession of Vows in 1963. Sister Catherine born during his deployment. 1LT Lechowich HON. STEVE COHEN earned a Doctorate in Education from Nova enjoyed reading, studying history, and was an OF TENNESSEE Southeastern University of Florida; an M.Ed. in avid fan of the University of Florida’s football IN THE HOUSE OF REPRESENTATIVES Educational Administration from Xavier Univer- team. sity of Cincinnati; an M.A. in Pastoral Ministry Mr. Speaker, though proud to have such a Tuesday, December 6, 2011 from St. Joseph’s College of Connecticut; and fine example from the Tampa Bay community, Mr. COHEN. Mr. Speaker, I rise today to a bachelor’s degree in Education from the it is with great remorse that I rise to com- recognize and celebrate the life of John former College of St. Mary of the Springs, now memorate the life of 1LT Lechowich. I am in Colbert, better known as J. Blackfoot, a great Ohio Dominican University, in Columbus. awe of the young men and women like Ivan soul singer and entertainer from the city of A lifelong educator, Sister Catherine was an Lechowich who choose to serve their country- Memphis, Tennessee. J. Blackfoot was a spe- outstanding administrator and a compas- men in the armed forces. As professionals in cial talent known for his unique vocal style. sionate and perceptive preacher—the principle all that they do, they exhibit honor, courage, Born in Greenville, Mississippi, his family charism of the Dominican Order—as well as a and commitment in every pursuit. Their sac- moved to Memphis when he was two. Colbert division chair, faculty member, school principal rifices, like that of 1LT Lechowich, will not be earned the nickname ‘‘Blackfoot’’ as a child and teacher in New York, Ohio, Pennsylvania forgotten. because he would run barefoot through his and New Mexico. Additionally, she had been f neighborhood. Vocation Director and Director of Candidates J. Blackfoot began his music career after for her Dominican Congregation. RECOGNIZING MRS. DONNIE POW- meeting Johnny Bragg, founder of the 1950s- Sister Catherine was an Associate Pro- ELL FOR HER CONTRIBUTIONS era music group ‘‘Prisonaires.’’ Together they fessor of Education at Ohio Dominican for TO EDUCATION AND COMMUNITY recorded a ‘‘behind-the-walls’’ hit for Sun twenty-three years, and for seven of those she Records, after which J. Blackfoot embarked on served as Chair of the Division of Education. HON. BENNIE G. THOMPSON a solo venture under his birth name. Strongly The founder of the Center for Dominican Stud- OF MISSISSIPPI pursuing his love for music, he eventually ies at ODU, Sister Catherine was also the Uni- IN THE HOUSE OF REPRESENTATIVES found himself at Stax Records under the tute- versity’s first Vice President for Mission and lage of songwriter/producer, David Porter. Identity. In that capacity, she coordinated and Tuesday, December 6, 2011 In the late 1960s, J. Blackfoot auditioned at facilitated the university-wide process of sus- Mr. THOMPSON of Mississippi. Mr. Speak- Stax Records where David Porter and his taining, enhancing, and promoting its distinct er, I rise today to honor a true valued member song writing partner, Isaac Hayes, initially mission as a Catholic and Dominican univer- of our society, Mrs. Donnie Powell. Mrs. Pow- wrote many solo songs for him to perform. sity. ell has dedicated a great deal of her life to When the R&B duo Sam and Dave left Stax, Her passing is a great loss not only for the championing causes relative to education and Porter and Hayes decided to fill the stylistic Colby family, but for the Dominican Sisters of criminal justice. void. They paired J. Blackfoot with Norman Peace, the entire campus community, the Mrs. Powell received degrees in Criminal West, Anita Lewis and Shelbra Bennett to cre- twelfth Congressional District of Ohio, and for Justice from Coahoma Community College ate the ‘‘Soul Children.’’ They put out 7 al- Catholic education across this country. and Mississippi Valley State University; and bums over their decade long career and re- Mr. Speaker, I would like to extend my has worked 25 years for the Mississippi De- leased 15 R&B hits. deepest condolences to Sister Catherine’s partment of Corrections. In 1983, J. Blackfoot began a successful family, including her godson, John Colby, who She is an active member of the Tallahatchie solo career, scoring many chart successes in serves with us here as a United States Capitol County Parent Teacher Association and was both the U.S. and the U.K. He released sev- Police Officer, as well as to her Congregation, recruited to be a part of the parent-community eral hit songs, including ‘‘Taxi’’ from the 1983 Ohio Dominican University, the Dominican adhoc committee’s nationwide search for a album City Slicker, which was perhaps his big- Order, and her friends and colleagues during new Superintendent for the Tallahatchie gest solo career single. Over the last two dec- this most difficult time. Her legacy will stand School District in 2009. She has received Par- ades, J. Blackfoot continued to record dozens as an exemplar for all Catholic educators and ent of the Month awards from local elementary

VerDate Mar 15 2010 04:14 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.017 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS December 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2191 and high schools in Tallahatchie County, and CONGRATULATING THE LINN HIGH proach, the King’s projects also sought to en- was most recently named the 2011 SCHOOL WILDCATS BOYS CROSS sure local residents understand the impor- Tallahatchie School District Parent of the COUNTRY TEAM tance of proper water management to avoid Year. flooding, droughts and pollution. She volunteers her time and energy to her HON. BLAINE LUETKEMEYER The King has also promoted sustainable ag- local Boys and Girls Club, in an effort to help OF MISSOURI ricultural practices along with soil resource management, to maximize economic success educate and deter the youth from engaging in IN THE HOUSE OF REPRESENTATIVES counterproductive activities such as joining in rural areas and to help farmers become Tuesday, December 6, 2011 gangs and committing violence in their schools self-reliant. His economic advice based on the and communities. Mr. LUETKEMEYER. Mr. Speaker, I rise ‘‘Sufficiency Economy’’ philosophy, which calls She works in conjunction with the Mis- today to ask my colleagues to join me in con- on individuals and businesses to practice sissippi State Department of Health to orga- gratulating the Linn High School Wildcats moderation and reasonableness, and seek nize speaking engagements and forums on Boys Cross Country team for winning the self-immunity against external factors in their gangs and violence in Tallahatchie, Panola, Class 1 Missouri State Championship. pursuit of growth, has been embraced by rural Quitman, Sunflower, and Coahoma counties. The young men and their coaches should farmers and private businesses alike. Mrs. Powell believes that parents, teachers, be commended for all their hard work through- Agriculture, environmental conservation and and community members should work to- out the regular season and bringing home the sustainable development are among the many gether and maintain strong lines of commu- state cross country championship to their other areas of King Bhumibol’s initiatives to nication in an effort to ensure that the students school and community. The boys have relied contribute to the progress of Thailand and its of today receive adequate education and train- on each other throughout the season, pro- people. During the 1960s and 1970s, the King ing to thrive in an ever changing world. viding one another with encouragement and developed an opium crop substitution program displaying true team spirit. They won by a that encourages hilltribe people to grow cash Mr. Speaker, I ask you and our colleagues mere one point, proving that all seven boys crops so that they abandon the drug trade. His join me in recognizing Mrs. Donnie Powell for were truly needed in securing the victory. initiatives on health—started even earlier in her many contributions to education and serv- I ask that you join me in recognizing the the 1950s—helped Thailand’s efforts to eradi- ing her community. Linn Wildcats for a hard fought victory and a cate and combat diseases such as leprosy, job well done. cholera, tuberculosis and smallpox. These and f f the scholarship programs he created to sup- HONORING SERGEANT-AT-ARMS port Thais to study medicine and medical ad- OUR UNCONSCIONABLE NATIONAL WILSON ‘‘BILL’’ LIVINGOOD vancement overseas have contributed to the DEBT development of the country’s public health system—today one of the most advanced in HON. STENY H. HOYER HON. MIKE COFFMAN Southeast Asia. OF MARYLAND OF COLORADO King Bhumibol’s values, initiatives, and pas- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES sion for improving life for all Thais have earned him the respect of the people of Thai- Tuesday, December 6, 2011 Tuesday, December 6, 2011 land. He has also been recognized internation- Mr. HOYER. Mr. Speaker, next month this Mr. COFFMAN of Colorado. Mr. Speaker, ally for his unique leadership, which has up- House will lose a dedicated public servant. on January 26, 1995, when the last attempt at lifted the people of Thailand during difficult Wilson ‘‘Bill’’ Livingood, our Sergeant at Arms, a balanced budget amendment passed the times. will retire after seventeen years keeping us House by a bipartisan vote of 300–132, the Mr. Speaker, I am honored to join the peo- safe. Since 1995, he has stood watch over the national debt was $4,801,405,175,294.28. ple of Thailand—America’s friend and oldest People’s House and all of its members, staff, Today, it is $15,068,133,903,969.13. We’ve treaty ally in Asia—as they pay tribute to King and visitors, overseeing the security of this added $10,266,728,728,674.85 dollars to our Bhumibol and celebrate his 84th birthday this chamber, the Capitol, and Congressional of- debt in 16 years. This is $10 trillion in debt our week. fice buildings. nation, our economy, and our children could f have avoided with a balanced budget amend- Under Bill’s leadership, the House has ment. HONORING MR. JEREMIAH JOSEPH adapted its security measures to meet new f O’KEEFE FOR HIS CONTRIBU- challenges faced since September 11. He has TIONS AND SERVICE TO COMMU- been a driving force in enhancing screening HONORING THE BIRTHDAY OF NITY AND COUNTRY procedures while ensuring that Americans can KING BHUMIBOL ADULYADEJ OF still easily visit the Capitol and meet with their THAILAND representatives. HON. BENNIE G. THOMPSON OF MISSISSIPPI Bill Livingood’s life has been spent in serv- HON. DAN BURTON ice to our nation and to protecting the institu- IN THE HOUSE OF REPRESENTATIVES OF INDIANA tions of our democracy. Before his long serv- Tuesday, December 6, 2011 IN THE HOUSE OF REPRESENTATIVES ice as Sergeant at Arms, Bill was an agent of Mr. THOMPSON of Mississippi. Mr. Speak- the U.S. Secret Service for thirty-three years, Tuesday, December 6, 2011 er, I rise today to honor a World War II hero, placing his life on the line to protect our com- Mr. BURTON of Indiana. Mr. Speaker, I rise entrepreneur, philanthropist and outstanding mander-in-chief. today to express my congratulations and best public servant, Mr. Jeremiah ‘‘Jerry’’ Joseph While I have no doubt that the strong voice wishes to the world’s longest serving monarch, O’Keefe. with which Bill has welcomed U.S. presidents King Bhumibol Adulyadej of Thailand, on the A native of Ocean Springs, Mississippi, and foreign dignitaries into the House cham- occasion of his 84th birthday this past Mon- Jeremiah Joseph O’Keefe was born July 12, ber has become iconic, I believe he will be re- day, December 5th. King Bhumibol is beloved 1923, in a gracious antebellum home con- membered here most for his warmth and kind- by his people and esteemed for his great hu- structed by his grandfather. When Jeremiah spirit and for his deep love of country. I have mility, compassion and proactive engagement O’Keefe was 13 years old, the family lost their been fortunate to call him a friend and can at- with everyday Thais. home during the Depression and relocated to test to the attention and respect he commands King Bhumibol has spent decades in vir- Biloxi, Mississippi. In Biloxi, Mr. O’Keefe at- from all who have known him. It has been a tually every corner of Thailand, engaging with tended Sacred Heart Academy high school, pleasure serving with Bill throughout his ten- the Thai people face-to-face, seeking new and where during his senior year he was co-cap- ure, and I wish him all the best in his retire- improved ways to make their lives better. tain of the school’s football team. ment. Since the early years of his now 65-year reign, Mr. O’Keefe was attending Soule` Business I join with my colleagues from both sides of he has been mindful of the livelihood of farm- College when the Japanese bombed Pearl the aisle in thanking Bill for his long career of ers and others dependent on agriculture. He Harbor in 1941 and he quickly offered to serve distinguished service to the people of the made water management a key priority in his country by enlisting in the United States United States and, in particular, to their royal development projects, with the first such Navy. He would join the Aviation Cadet Pro- House. project initiated in 1963. Taking a holistic ap- gram of the United States Navy in June 1942,

VerDate Mar 15 2010 04:14 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.019 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS E2192 CONGRESSIONAL RECORD — Extensions of Remarks December 6, 2011 and was commissioned a 2nd Lieutenant in Gulf Coast region which includes the Coalition applying to open proceedings. In addition, a the United States Marine Corps and des- for Citizens with Disabilities, St. John’s and majority of the Supreme Court justices may ignated a Naval Aviator on June 16, 1943. In Mercy Cross High Schools, Habitat for Hu- vote to exclude television coverage of a par- 1945, Mr. O’Keefe, then a 1st Lieutenant, and manity, Shaw University, Tougaloo College, ticular proceeding if they decide that such cov- his 24-plane fighter squadron, ‘‘the Death Rat- St. Alphonsus Elementary School, YMCA, the erage would result in a violation of the due tlers,’’ deployed upon Okinawa where they St. Vincent Depaul Society, the Walter Ander- process rights of any of the specific parties would participate in his first aerial combat. son Museum, Boys and Girls Clubs, Christians before the Court. Their assignment was to prevent repeated United of Jackson County, and the City of This legislation would only apply to those nightly Japanese aerial attacks in the harbor. Ocean Springs. Supreme Court proceedings currently open to An ‘‘ace’’ fighter pilot, Mr. O’Keefe was cred- Mr. O’Keefe and his first wife, Annette the public. Individual Americans are welcome ited with shooting down a total of seven Japa- Saxon O’Keefe, have 13 children. He and his to observe these Court proceedings, but only nese airplanes in the Battle of Okinawa, in- later wife, Martha, have worked to reinforce in an extremely limited number. The Supreme cluding five in one day. At the age of 21, Mr. family bonds through regular church attend- Court has seating for several hundred, how- O’Keefe became one of the youngest ‘‘Aces’’ ance, Sunday dinners, and family vacations. ever they typically only allocate roughly 50 in World War II. For his meritorious efforts, he Mr. O’Keefe is an active member in the Nativ- seats for the general public. And that is what was awarded the United States Navy Cross, ity B.V.M. Cathedral. is so troubling. Given the sweeping nature of Distinguished Flying Cross, the Air Medal, and Mr. Speaker, I ask that my colleagues join recent Supreme Court decisions, this limited the Gold Star. me in expressing my sincere gratitude to Mr. seating almost screams elitism, secrecy and Following World War II, Mr. O’Keefe ob- Jeremiah ‘‘Jerry’’ Joseph O’Keefe of Ocean contempt for the public by this third branch of tained a degree in business administration Springs, Mississippi for his service to the state our government. from Loyola University and went to work with of Mississippi and to this country. I strongly believe that the separation of pow- his father in the family funeral business. In f ers and our system of checks and balances is 1958, he purchased Bradford Funeral Service essential to the successful operation of a and merged it with the O’Keefe family busi- SUPPORT OF H. RES. 440 CON- democratic society. However transparency and ness to create Bradford-O’Keefe Funeral GRATULATING RECIPIENTS OF accountability are necessary to ensure that Home. That same year, Mr. O’Keefe founded 2010 WORLD PEACE PRIZE H.H. those checks and balances are properly ap- Gulf National Life (GNL) Insurance Company. DORJE CHANG BUDDHA III AND plied, even in the judicial branch itself. THE HONORABLE BEN GILMAN Over the course of several decades, GNL ac- Regardless of the scope of the legislation, quired a number of other smaller companies Congressional debates and votes on each and and became the largest insurer in Mississippi HON. ELIOT L. ENGEL every bill are televised and available to Ameri- with over 200 affiliated funeral homes. OF NEW YORK cans through CSPAN. It was not enough for Deeply rooted in politics on the Gulf Coast, reporters to pass along their accounts of what Mr. O’Keefe’s grandfather was alderman-at- IN THE HOUSE OF REPRESENTATIVES occurred, nor was it enough for the limited large in Ocean Springs. In 1935, Jerry Tuesday, December 6, 2011 number of Americans who could directly ob- O’Keefe’s uncle, John O’Keefe served as Mr. ENGEL. Mr. Speaker, I rise today to ex- serve from the House and Senate galleries. Mayor of Biloxi for two years, before resigning press my strong support of H. Res. 440 which The entire American public—it was deter- to become an Adjutant General in the Mis- congratulates H.H. Dorje Chang Buddha III mined—was entitled to know what the Con- sissippi National Guard. Jerry O’Keefe was and the Honorable Ben Gilman for winning the gress was undertaking in its name. elected to the Mississippi State Legislature 2010 World Peace Prize. seven years later in 1959 and served one It strains any reasonable precept of trans- Recently, I introduced this resolution to four-year term. Mr. O’Keefe was elected parency to assert that such momentous recent highlight the awarding of the World Peace Mayor of Biloxi in 1973 and served eight Supreme Court deliberations such as Bush v. Prize to both H.H. Dorje Chang Buddha III and years. Known as an energetic and innovative Gore, Kelo v. City of New London, and Citi- Congressman Gilman. The World Peace Prize mayor, he was awarded Biloxi’s Citizen of the zens United v. Federal Election Commission is a very distinguished honor granted by the Year in 1976. were available only to the 50 Americans who World Peace Council in recognition of individ- As mayor, Mr. O’Keefe was a strong pro- were allowed and fortunate enough to be uals who exemplify selflessness in their devo- ponent for civil rights and the advancement of among the chosen few to wait in the queue for tion to humanity. the African-American community. While mayor public seating. of Biloxi, he confronted the Ku Klux Klan I commend H.H. Dorje Chang Buddha III Americans today live in a world where infor- (KKK) by rescinding a permit they received to and the Honorable Ben Gilman for their mul- mation is near instantaneous; where with a hold a parade in the town. When the KKK pro- tiple contributions to our society and urge my handheld cell phone they are able to commu- ceeded with the parade, he had them ar- colleagues to support H. Res. 440. nicate through live video conferencing with rested. Mr. O’Keefe was guided by his moral f nearly anyone in the world. Today’s tech- compass and ethical disposition during a time nology allows us to bring events from across THE CAMERAS IN THE the globe to our fingertips in real time. when few stood up against the Ku Klux Klan COURTROOM ACT OF 2011 for fear of retribution. Mr. O’Keefe received It is essential that the highest arbiter of the death threats and the KKK burned a cross in law of our land provide all Americans with the front of his house. Still, Jerry O’Keefe stood HON. GERALD E. CONNOLLY opportunity to observe United States Supreme his ground. OF VIRGINIA Court proceedings in a manner that will enable After three decades of politics, Mr. O’Keefe IN THE HOUSE OF REPRESENTATIVES them to form their own opinion through direct shifted his focus to fundraising and philan- observation. Transparency and accountability Tuesday, December 6, 2011 thropy. He has been a supporter and donor to are the windows through which everyday citi- numerous organizations, schools, and muse- Mr. CONNOLLY of Virginia. Mr. Speaker, zens may observe and protect democracy. Are ums. In 1967 and 1975, Mr. O’Keefe received today I introduced the Cameras in the Court there risks that some will play to the cameras? awards from the United Fund Campaign for Act of 2011 to ensure transparency and ac- Yes, absolutely. Are those risks offset by the Distinguished Service to the people of Har- countability in the judicial branch by providing public’s need, indeed right, to know? Abso- rison County. He has been the recipient of the television coverage for open proceedings be- lutely yes. Sunshine—even in the Supreme Pine Burr Area Boy Scouts of America’s Life- fore the United States Supreme Court. Court—remains the best disinfectant against time Achievement Award. In 1995, he and his This is companion legislation to a bipartisan those who might feel that the black robe of wife, Annette, founded The O’Keefe Founda- bill, S. 1945, introduced yesterday by Senator life-tenure grants them permanent immunity tion with an initial endowment of $10 million. DICK DURBIN (D–IL), Assistant Senate Majority from accountability for their words and opin- The foundation is the primary financial spon- Leader, and Senator CHUCK GRASSLEY (R–IA), ions. sor of The New Hope Center in Ocean Ranking Member on the Senate Committee on I urge my colleagues to support trans- Springs, a center for disabled youth. Addition- the Judiciary. The Cameras in the Courtroom parency and accountability in the United ally, the foundation supports numerous organi- Act of 2011 respects the individual rights of States Supreme Court and cosponsor the zations throughout the state and the greater the parties appearing before the Court, only Cameras in the Courtroom Act of 2011.

VerDate Mar 15 2010 04:14 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A06DE8.024 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS December 6, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2193 CONGRATULATING MERAMEC RECOGNIZING MR. KENNETH COLE- orable Mayor Michael R. Bloomberg, The ELECTRICAL PRODUCTS COMPANY MAN FOR HIS DEDICATION TO United War Veterans’ Council and Melinda SERVING OTHERS AND GIVING Marinoff, The NYC Veterans Day Parade’s Of- BACK TO THE COMMUNITY ficial Marching Band and Youth Sponsor. They HON. BLAINE LUETKEMEYER selected the band because of their incredible reputation for fostering personal growth and OF MISSOURI HON. BENNIE G. THOMPSON OF MISSISSIPPI development through music, their style and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES talent, and their respect for the flag. The band joined fewer than 20 other high Tuesday, December 6, 2011 Tuesday, December 6, 2011 school bands from the entire United States to Mr. THOMPSON of Mississippi. Mr. Speak- Mr. LUETKEMEYER. Mr. Speaker, I rise participate with several international bands to er, I rise today to honor a remarkable and an today to recognize Meramec Electrical Prod- form a ‘‘Band of Pride.’’ They were the only intrepid man; one who has served as a father ucts Company in Cuba, MO, which was high school band from California. figure to many of the children of Crystal awarded the Make It in America Manufacturer It was a great honor for the band members Springs, Mississippi; Mr. Kenneth Coleman. of the Week for November 16–23, 2011. to be invited to participate in such a magnifi- Mr. Coleman, a lifelong resident of Crystal cent and touching tribute to all those who Make It in America is an initiative supported Springs, Mississippi is husband and devoted have served our country and to the victims of by the U.S. Department of Commerce’s Manu- father to two biological sons. Mr. Coleman 9/11. Even more so, it had special meaning facturing Extension Partnership (MEP), which graduated from Crystal Springs High School in for the band director, Dr. Phillip M. Smith, a works with small and mid-sized U.S. manufac- 1991 and received his Bachelors of Science disabled decorated veteran who has served turers to help them create jobs, increase prof- Degree in Recreation from Alcorn State Uni- his country for over 35 years. In addition, he its and save time and money. The nationwide versity in 1998. is a member of their local VFW Post 6042, network of manufacturers provides a variety of Mr. Coleman serves as a volunteer coach and is a recently retired reservist. In his life- services and resources to aid American busi- for both Crystal Springs Middle and High long spirit of service, Dr. Smith has donated nesses in expanding into new markets, cre- School football and basketball teams. Mr. his time for over the last ten years by directing ating new products and building their clientele. Coleman’s commitment to the children of our MCHS Grizzly Band. He has inspired, For every one dollar of federal investment, Crystal Springs is of no small consequence; mentored, and been a staunch supporter of MEP generates $32 in new sales growth, under his direction the children learn a sense the last decade of band kids. The kids can which equates to $3.6 billion in new sales an- of sportsmanship, comradery and teamwork. count on him to love and accept them at all nually. Mr. Coleman is employed as a conservation times. officer with the Mississippi Department of Each week MEP features an American busi- In addition to the great honor of marching in Wildlife and Fisheries, and Parks and is also ness that is boosting U.S.-based manufac- the N.Y.C. Veterans Day Parade, the a member of the Sanderson Masonic Lodge turing and production. I am pleased to ac- Mariposa County High School Grizzly March- #22 in Crystal Springs. Mr. Coleman is a very knowledge Missouri’s hardworking manufac- ing Band had the distinction of being selected active member of the Jerusalem Missionary turing industry and, specifically, Meramec as one of only 36 high school bands from Baptist Church, where he serves as chairman Electrical Products Company. This midwest across the United States to receive a of the deacon board and is a member of the company is one of the largest manufacturers GRAMMY Signature Schools Enterprise choir. of instrument current transformers for the Award. In addition to this award, they have Mr. Speaker, I ask you and my colleagues also amassed the following: 1st Place, Band power generation, transmission and electrical to join me in commending Mr. Kenneth Cole- distribution markets. Its products are used in and Drum Major—Selma Band Review; high- man for serving as a role model and inspira- est rating for Division D band in Northern Cali- generators, power transformers and high volt- tion to the children of Crystal Springs, Mis- age circuit breakers, to name a few. fornia Band Association history, October 2011; sissippi. Local Heroes Award presented by Mariposa The company was founded in 1969 on the f Chamber of Commerce, October 2011; 3rd principles that quality people and teamwork HONORING MARIPOSA COUNTY Place, Fresno Fair Band Review, October will produce quality products. Those principles 2011; 1st Place, Oakhurst Heritage Days Pa- have guided the business for the past four HIGH SCHOOL GRIZZLY MARCH- ING BAND rade, September 2011; Mariposa’s Fair Pa- decades, leading to its success today. Mera- rade was dedicated to MCHS Grizzly Band; mec Electrical Products Company is the larg- HON. JEFF DENHAM Silver Medal, Forum Festivals Concert Band est bushing transformer manufacturer in the Contest, Spring 2011; 3rd in Division, Band OF CALIFORNIA Western Hemisphere and serves a global mar- and Color Guard, Merced CCBR, November IN THE HOUSE OF REPRESENTATIVES ket. It uses an effective Quality Assurance 2010; 1st place Band and Drum Major, Selma System to ensure high quality products pro- Tuesday, December 6, 2011 Marching Band Festival, October 2010; 4th, duced efficiently, effectively and on budget. Mr. DENHAM. Mr. Speaker, I rise today to Southern California Forum Festivals Concert This company is a true testament that hard acknowledge and honor Mariposa County Band, Los Angeles, Spring 2010; Gold Medal, work and dedication lead to success and High School Grizzly Marching Band that was Forum Festivals Concert Band Contest, Spring greater opportunities. selected to perform in the 92nd Annual NYC 2009; and the Signature Schools Enterprise In closing, Mr. Speaker, I ask all my col- Veterans Day Parade commemorating the Award, June 2011. leagues to join me in congratulating Meramec 10th Anniversary Tribute to The World Trade Mr. Speaker, please join me in recognizing Electrical Products Company and its employ- Center, and The Band of Pride Tribute Mass the Mariposa County High School Grizzly ees for all their success and the well-deserved Band Performance on November 10, 2011. Marching Band for their hard work and in title of Make It in America Manufacturer of the The selection committee consisted of The wishing them great success in their future en- Week. Mayor’s Office of Veterans’ Affairs, The Hon- deavors.

VerDate Mar 15 2010 04:14 Dec 07, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A06DE8.027 E06DEPT1 tjames on DSK6SPTVN1PROD with REMARKS Tuesday, December 6, 2011 Daily Digest Senate Chamber Action Committee Meetings Routine Proceedings, pages S8345–S8379 (Committees not listed did not meet) Measures Introduced: Two bills and one resolution were introduced, as follows: S. 1947–1948, and S. IMPLEMENTATION OF THE WALL STREET Res. 344. Page S8376 REFORM ACT Cordray Nomination—Cloture: Senate began con- Committee on Banking, Housing, and Urban Affairs: sideration of the nomination of Richard Cordray, of Committee concluded a hearing to examine contin- Ohio, to be Director, Bureau of Consumer Financial ued oversight of the implementation of the ‘‘Wall Protection. Page S8347 Street Reform Act’’, after receiving testimony from A motion was entered to close further debate on Neal S. Wolin, Deputy Secretary, and John Walsh, the nomination, and, in accordance with the provi- Acting Comptroller of the Currency, both of the De- sions of Rule XXII of the Standing Rules of the partment of the Treasury; Daniel K. Tarullo, Mem- Senate, a vote on cloture will occur on Thursday, ber, Board of Governors of the Federal Reserve Sys- December 8, 2011. Page S8347 tem; Mary L. Schapiro, Chairman, U.S. Securities Halligan Nomination—Cloture: Senate resumed and Exchange Commission; Gary Gensler, Chairman, consideration of the nomination of Caitlin Joan Commodity Futures Trading Commission; and Mar- Halligan, of New York, to be United States Circuit tin J. Gruenberg, Acting Chairman, Federal Deposit Judge for the District of Columbia Circuit. Insurance Corporation. Pages S8352–61 CONTAMINATED DRYWALL By 54 yeas to 45 nays, 1 responding present (Vote No. 222), three-fifths of those Senators duly chosen Committee on Commerce, Science, and Transportation: Sub- and sworn, not having voted in the affirmative, Sen- committee on Consumer Protection, Product Safety, ate rejected the motion to close further debate on and Insurance concluded a hearing to examine contaminated drywall, focusing on examining the cur- the nomination. Page S8361 rent health, housing and product safety issues facing Messages from the House: Pages S8374–75 homeowners, after receiving testimony from Neal S. Measures Placed on the Calendar: Cohen, Office of Education, Global Outreach, and Pages S8345, S8375 Small Business Ombudsman, Consumer Product Safety Commission; Christopher J. Portier, Director, Executive Communications: Pages S8375–76 National Center for Environmental Health, Centers Additional Cosponsors: Pages S8376–77 for Disease Control and Prevention, and Agency for Statements on Introduced Bills/Resolutions: Toxic Substances and Disease Registry, Department Pages S8377–78 of Health and Human Services; William C. Shelton, Virginia Department of Housing and Community Additional Statements: Pages S8373–74 Development Director, Richmond; and Brenda Notices of Hearings/Meetings: Page S8378 Brincku, Alva, Florida. Authorities for Committees to Meet: Page S8378 TAX REFORM Record Votes: One record vote was taken today. Committee on Finance: Committee with the House (Total—222) Page S8361 Committee on Ways and Means concluded a joint Adjournment: Senate convened at 10 a.m. and ad- hearing to examine tax reform and the tax treatment journed at 6:03 p.m., until 11:30 a.m. on Wednes- of financial products, after receiving testimony from day, December 7, 2011. (For Senate’s program, see Thomas A. Barthold, Chief of Staff, Joint Committee the remarks of the Acting Majority Leader in today’s on Taxation, United States Congress; Alex Record on page S8379.) Raskolnikov, Columbia Law School, and David S. D1317

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Miller, Cadwalader, Wickersham and Taft LLP, both and S. 410, to provide for media coverage of Federal of New York, New York; and Andrea S. Kramer, court proceedings, after receiving testimony from McDermott Will and Emery LLP, Chicago, Illinois. former Senator Arlen Specter; Anthony J. Scirica, Circuit Judge, United States Court of Appeals for WHISTLEBLOWER PROTECTION the Third Circuit; Mark Cady, Chief Justice Iowa Committee on Homeland Security and Governmental Af- Supreme Court, Des Moines; and Tom Goldstein, fairs: Ad Hoc Subcommittee on Contracting Over- Goldstein and Russell, P.C., and Maureen Mahoney, sight concluded a hearing to examine whistleblower Latham and Watkins LLP, both of Washington, protections for government contractors, including S. D.C. 241, to expand whistleblower protections to non- Federal employees whose disclosures involve misuse EXPRESS SCRIPTS/MEDCO MERGER of Federal funds, after receiving testimony from Committee on the Judiciary: Subcommittee on Anti- Peggy E. Gustafson, Inspector General, U.S. Small trust, Competition Policy and Consumer Rights con- Business Administration, and Chair of the Legisla- cluded a hearing to examine the Express Scripts/ tion Committee, Council of Inspectors General on Medco merger, after receiving testimony from Integrity and Efficiency; Marguerite C. Garrison, George Paz, Express Scripts Inc., St. Louis, Missouri; Deputy Inspector General for Administrative Inves- David B. Snow, Jr., Medco Health Solutions, Inc., tigations, Department of Defense; Angela Canter- Franklin Lakes, New Jersey; Scott E. Streator, The bury, Project on Government Oversight (POGO), Ohio State University Medical Center, Columbus; Washington, D.C.; and Walter L. Tamosaitis, Rich- Sue Sutter, National Community Pharmacists Asso- land, Washington. ciation (NCPA), Horicon, Wisconsin; Michael J. Bettiga, Shopko Stores, Green Bay, Wisconsin, on TELEVISING THE SUPREME COURT behalf of the National Association of Chain Drug Committee on the Judiciary: Subcommittee on Admin- Stores; and David A. Balto, Washington, D.C.; on istrative Oversight and the Courts concluded a hear- behalf of the Consumers Union, Consumer Federa- ing to examine access to the court, focusing on tele- tion of America, National Consumers League, U.S. vising the Supreme Court, including S. 1945, to per- Public Interest Research Group, and the National mit the televising of Supreme Court proceedings, Legislative Association on Prescription Drug Prices.

VerDate Mar 15 2010 07:18 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\DECEMBER\D06DE1.REC D06DE1 bjneal on DSK2TWX8P1PROD with December 6, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1319 House of Representatives Promoting the development of the Southwest wa- Chamber Action terfront in the District of Columbia: H.R. 2297, Public Bills and Resolutions Introduced: 12 pub- amended, to promote the development of the South- lic bills, H.R. 3563–3574; and 2 resolutions, H.J. west waterfront in the District of Columbia; Res. 92, and H. Res. 484, were introduced. Pages H8160–61 Pages H8186–87 Amending section 2710 of title 18, United Additional Cosponsors: Pages H8187–88 States Code, to clarify that a video tape service Reports Filed: Reports were filed today as follows: provider may obtain a consumer’s informed, writ- H.R. 3237, to amend the SOAR Act by clarifying ten consent on an ongoing basis: H.R. 2471, the scope of coverage of the Act, with an amend- amended, to amend section 2710 of title 18, United ment (H. Rept. 112–315) and States Code, to clarify that a video tape service pro- H.R. 1633, to establish a temporary prohibition vider may obtain a consumer’s informed, written against revising any national ambient air quality consent on an ongoing basis and that consent may standard applicable to coarse particulate matter, to be obtained through the Internet, by a 2⁄3 yea-and- limit Federal regulation of nuisance dust in areas in nay vote of 303 yeas to 116 nays, Roll No. 891; which such dust is regulated under State, tribal, or Pages H8161–65, H8169 local law, and for other purposes, with an amend- Temporary Bankruptcy Judgeships Extension ment (H. Rept. 112–316). Page H8186 Act of 2011: H.R. 1021, amended, to prevent the Speaker: Read a letter from the Speaker wherein he termination of the temporary office of bankruptcy appointed Representative Foxx to act as Speaker pro judges in certain judicial districts; Pages H8165–67 tempore for today. Page H8137 Granting the consent of Congress to an amend- Recess: The House recessed at 11 a.m. and recon- ment to a compact between the States of Missouri vened at 12 noon. Page H8143 and Illinois: S.J. Res. 22, amended, to grant the consent of Congress to an amendment to the com- Chaplain: The prayer was offered by the guest chap- pact between the States of Missouri and Illinois pro- lain, Reverend Bryan Thiessen, Journey Church, viding that bonds issued by the Bi-State Develop- Bridgeville, Pennsylvania. Page H8143 ment Agency may mature in not to exceed 40 years; Regulations From the Executive in Need of Pages H8169–72 Scrutiny Act of 2011—Rule for Consideration: Amending title 36, United States Code, to au- The House agreed to the rule (H. Res. 479) that is providing for consideration of H.R. 10, to amend thorize the American Legion under its Federal chapter 8 of title 5, United States Code, to provide charter to provide guidance and leadership to the that major rules of the executive branch shall have individual departments and posts of the American no force or effect unless a joint resolution of approval Legion: S. 1639, to amend title 36, United States is enacted into law, by a yea-and-nay vote of 235 Code, to authorize the American Legion under its yeas to 180 nays, Roll No. 890, after the previous Federal charter to provide guidance and leadership to question was ordered by a yea-and-nay vote of 236 the individual departments and posts of the Amer- yeas to 184 nays, Roll No. 889. ican Legion; and Pages H8172–73 Pages H8146–52, H8167–69 Revising the Federal charter for the Blue Star Suspensions: The House agreed to suspend the rules Mothers of America, Inc. to reflect a change in eli- and pass the following measures: gibility requirements for membership: S. 1541, to revise the Federal charter for the Blue Star Mothers Pandemic and All-Hazards Preparedness Reau- of America, Inc. to reflect a change in eligibility re- thorization Act of 2011: H.R. 2405, amended, to quirements for membership. Pages H8173–74 reauthorize certain provisions of the Public Health Service Act and the Federal Food, Drug, and Cos- Recess: The House recessed at 1:54 p.m. and recon- metic Act relating to public health preparedness and vened at 2:51 p.m. Page H8161 countermeasure development; Pages H8153–59 Senate Message: Message received from the Senate SOAR Technical Corrections Act: H.R. 3237, by the Clerk and subsequently presented to the amended, to amend the SOAR Act by clarifying the House today appears on page H8178. scope of coverage of the Act; Pages H8159–60 Senate Referrals: S. 384 was held at the desk.

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hearing scheduled for Thursday, December 15, 2011, 3 in Iraq and Afghanistan: Challenges and Solutions.’’ 10 p.m., 2128 Rayburn. a.m., 2247 Rayburn. Subcommittee on Capital Markets and Government Committee on Rules, Full Committee, hearing on H.R. Sponsored Enterprises, hearing entitled ‘‘H.R. lll, 1633, the ‘‘Farm Dust Regulation Prevention Act of the Private Mortgage Market Investment Act, Part 2.’’ 10 2011’’ 3 p.m., H–313 Capitol. a.m., 2128 Rayburn. Committee on Science, Space, and Technology, Subcommittee Committee on Foreign Affairs, Subcommittee on Over- on Energy and Environment, hearing entitled ‘‘Energy sight and Investigations; and Subcommittee on Middle Critical Elements: Identifying Research Needs and Stra- East and South Asia; joint hearing entitled ‘‘Camp tegic Priorities.’’ 10 a.m., 2318 Rayburn. Ashraf: Iraqi Obligations and State Department Account- Committee on Transportation and Infrastructure, Full Com- ability.’’ 2:30 p.m., 2172 Rayburn. mittee, hearing entitled ‘‘Restoring Jobs, Coastal Viabil- Committee on the Judiciary, Subcommittee on Intellectual Property, Competition and the Internet, hearing entitled ity and Economic Resilience in the Gulf of Mexico: H.R. ‘‘Oversight of the Antitrust Enforcement Agencies.’’ 10 3096, the Resources and Ecosystems Sustainability, Tour- a.m., 2141 Rayburn. ist Opportunities, and Revived Economies of the Gulf Subcommittee on Immigration Policy and Enforce- Coast States Act of 2011.’’ 10 a.m., 2167 Rayburn. ment, hearing entitled ‘‘Visa Waiver Program Oversight: Risks and Benefits of the Program.’’ 1:30 p.m., 2237 Joint Meetings Rayburn. Commission on Security and Cooperation in Europe: to re- Committee on Oversight and Government Reform, Sub- ceive a briefing on conflicts in the Caucasus, focusing on committee on Government Organization, Efficiency and prospects for resolution, where these conflicts stand today, Financial Management; and Subcommittee on Health what factors impede a settlement, whether the resump- Care, District of Columbia, Census and the National Ar- tion of armed hostilities is a serious threat, whether chives, joint hearing entitled ‘‘A Medicaid Fraud Victim changes in the negotiating format might yield a better Speaks Out: What’s Going Wrong and Why?’’ 10 a.m., outcome, and what, if anything, could the United States 2154 Rayburn. do to facilitate a resolution, 2:30 p.m., B318, Rayburn Subcommittee on National Security, Homeland De- Building. fense and Foreign Operations, hearing entitled ‘‘Oversight

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11:30 a.m., Wednesday, December 7 10 a.m., Wednesday, December 7

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: Consideration of H.R. 10— morning business. Regulations From the Executive in Need of Scrutiny Act of 2011 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Denham, Jeff, Calif., E2187, E2193 Michaud, Michael H., Me., E2188 Engel, Eliot L., N.Y., E2192 Miller, Jeff, Fla., E2185 Bilirakis, Gus M., Fla., E2190 Farr, Sam, Calif., E2183 Nunes, Devin, Calif., E2187 Burton, Dan, Ind., E2191 Griffith, H. Morgan, Va., E2189 Pitts, Joseph R., Pa., E2187 Castor, Kathy, Fla., E2189 Higgins, Brian, N.Y., E2183 Rahall, Nick J., II, W.Va., E2189 Coffman, Mike, Colo., E2191 Hoyer, Steny H., Md., E2185, E2191 Smith, Adam, Wash., E2187 Cohen, Steve, Tenn., E2185, E2190 Luetkemeyer, Blaine, Mo., E2183, E2184, E2185, E2187, Thompson, Bennie G., Miss., E2186, E2190, E2191, Connolly, Gerald E., Va., E2186, E2192 E2190, E2191, E2193 E2193 Crenshaw, Ander, Fla., E2183 McCarthy, Carolyn, N.Y., E2186 Tiberi, Patrick J., Ohio, E2190 Cummings, Elijah E., Md., E2184 Maloney, Carolyn B., N.Y., E2185 Wittman, Robert J., Va., E2184

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