11200 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 SENATE—Thursday, July 12, 2012

The Senate met at 9:32 a.m. and was DISCLOSE ACT OF 2012—MOTION TO Most Americans don’t have the ben- called to order by the Honorable TOM PROCEED efit of Swiss bank accounts or tax shel- UDALL, a Senator from the State of Mr. REID. Mr. President, I move to ters in the Cayman Islands or Bermuda New Mexico. proceed to Calendar No. 446, S. 3369, the and who knows what else. We cannot DISCLOSE Act. see those tax returns. PRAYER The ACTING PRESIDENT pro tem- As our economy continues to recover, The Chaplain, Dr. Barry C. Black, of- pore. The clerk will state the bill by it is critical we keep tax rates low for fered the following prayer: title. the middle class people who are strug- Let us pray. The bill clerk read as follows: gling to pay their mortgage, send their kids to college, and save for retire- Almighty God, by whose providence Motion to proceed to S. 3369, a bill to our forebears brought forth this coun- amend the Federal Election Campaign Act of ment. try, hallowed be Your Name. We thank 1971 to provide for additional disclosure re- That is why President Obama and You for a new day of service to You quirements of corporations, labor organiza- Democrats in Congress want to extend and our Nation. tions, Super PACs, and other entities, and tax cuts for 98 percent of American Lord, forgive us when our lives con- for other purposes. families. tribute to the problems and not the so- SCHEDULE But there is one group that is not lutions. Keep us from obstructing the Mr. REID. Mr. President, the next struggling: Mitt Romney and the rest doing of Your will. Make us better that hour will be equally divided between of the top 2 percent of Americans. My Republican friends can come out we may do better. the two leaders or their designees, with and talk and say it is terrible and all Today, attune the will of our law- the majority controlling the first half we are trying to do is raise taxes on makers to Your purposes, providing for and the Republicans controlling the small businesses. The President’s legis- them the stamina that comes from final half. lation raises taxes on 2 percent of above. Lord, give them the strength to Last evening I filed cloture on the Landrieu substitute amendment to S. wealthy people and about 2.5 percent of be productive in service, to live above businesses. This is no crush for small daily trifles, and to surrender to Your 2237, the Small Business Jobs and Tax Relief Act. Under the rule the cloture businesses. It seems to me the 2 per- will and love. cent at the top can contribute a little We pray in Your great Name. Amen. votes would be on Friday. I will work on that with the Republican leader—we bit more to deficit control. Yet Republicans are prepared to f already have a general agreement—and block tax cuts for 98 percent of fami- we will try to schedule the vote some- PLEDGE OF ALLEGIANCE lies, unless Democrats agree to even time today. more giveaways for the richest of the The Honorable TOM UDALL led the TAX RATES Pledge of Allegiance, as follows: rich. Mr. REID. Mr. President, this week As Republicans continue to argue I pledge allegiance to the Flag of the Republicans continued to make the that the wealthiest 2 percent cannot United States of America, and to the Repub- case that millionaires and billionaires contribute even a little more, I urge lic for which it stands, one nation under God, cannot afford to pay even a penny more indivisible, with liberty and justice for all. them to talk to the three-quarters of in taxes. Meanwhile, a new report Americans who disagree. I urge them f shows average tax rates are at the low- to talk to the almost 60 percent of Re- est level in decades. publicans who believe the wealthiest APPOINTMENT OF ACTING The nonpartisan Congressional Budg- Americans should shoulder their fair PRESIDENT PRO TEMPORE et Office reported this week that in share of the responsibility for getting The PRESIDING OFFICER. The 2009 rates fell to their lowest level in the deficit under control. Almost 60 clerk will please read a communication more than three decades, 30 years. percent of the Republicans agree with to the Senate from the President pro Much of that decline is thanks to what the President is doing; that the tempore (Mr. INOUYE). President Obama, who has consistently top 2 percent should pay a little more. The bill clerk read the following let- fought to lower taxes for middle-class I urge my Republican friends to talk ter: families over the last 21⁄2 years. to a few of the more than 135 million U.S. SENATE, The average tax rate in this country taxpayers who are waiting to see PRESIDENT PRO TEMPORE, fell to the lowest rate since 1979—17.4 whether Republicans will continue Washington, DC, July 12, 2012. percent. Of course, that is still higher holding hostage their tax cuts. To the Senate: than what Mitt Romney paid in the RESERVATION OF LEADER TIME Under the provisions of rule I, paragraph 3, only year for which he has been willing The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby to disclose his tax return. I am con- pore. Under the previous order, the appoint the Honorable TOM UDALL, a Senator fident the reason he hasn’t disclosed leadership time is reserved. from the State of New Mexico, to perform the duties of the Chair. his tax returns in the years people RECOGNITION OF THE MINORITY LEADER DANIEL K. INOUYE, want to know—remember, he disclosed The ACTING PRESIDENT pro tem- President pro tempore. 1 year. His father George Romney set pore. The minority leader is recog- Mr. UDALL of New Mexico thereupon the precedent that people running for nized. assumed the chair as Acting President President would file their tax returns HARD VOTES pro tempore. and let everybody look at them. But Mr. MCCONNELL. Mr. President, yes- Mitt Romney cannot do that because terday, something truly remarkable f he has basically paid no taxes in the happened right here in the Senate. prior 12 years. First, Democrats blocked a vote that RECOGNITION OF THE MAJORITY Again, the average tax rate in this the President of their own party called LEADER country is the lowest it has been since for just 2 days earlier. The ACTING PRESIDENT pro tem- 1979—17.4 percent. But I repeat, that is Last night, the majority leader pore. The majority leader is recog- still much higher than what Mitt Rom- moved to shut down a debate on taxes nized. ney pays. that hadn’t even begun.

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

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Yet here is a Democratic- At a moment when the American just block us yesterday from having controlled Senate blocking votes, people are reeling from the slowest re- votes on whether to raise taxes, he blocking debate, and hosting private covery in modern times, when the per- wouldn’t even let us have a debate meetings with the President’s political centage of those who could work are about it—don’t have the vote and don’t advisers on strategy instead of working working is at a three-decade low, and have the debate. on serious bipartisan solutions. just 5 months away from the economic Senators on both sides of the aisle Last night Democratic leaders admit- body blow that will result if tax rates have proposals that would help the ted that the bill they wanted Repub- spike, as scheduled on January 1, the American people weather the economic licans to turn to hasn’t even been writ- President’s solution is to take away crisis we are in. Senator HUTCHISON has ten yet. Think about that. The pro- more money from the very business an amendment that would extend the posal the President announced Monday folks we are counting on to create jobs relief from the blow of the marriage with so much fanfare hasn’t even been we need, presumably so he can spend it penalty. Senator HELLER has a plan to put on paper. Yet Democrats wanted us on solar companies and stimulus bills. extend the deduction of sales tax in Ne- to move to it. Move to what? What is This was the President’s brilliant vada. Senator SCOTT BROWN and a it? We haven’t seen it. I think it hasn’t economic solution to the mess we are whole host of other Republicans have a been written. You can’t move to a in. proposal to repeal the potentially dev- speech. This is the level of seriousness Naturally, Republicans oppose this. astating tax on medical devices that is we are seeing from the Democratic- The way we see it, nobody should see being used to help fund ObamaCare. controlled Senate right now. This is an income tax hike right now, not Senators CORNYN and CRAPO have how seriously they take this economic small businesses, not individuals, no- amendments that would lessen the crisis. It is nothing but one political body. Nobody should get a tax hike blow of the tax hikes on investments— game after another. If the President right now. The problem isn’t that tax hikes that will directly affect job has a proposal, we will be happy to Washington taxes too little but that it creation and harm those, such as our send an intern down to the White spends too much. Rather than just talk seniors, who are living on fixed in- House to pick it up, but we can’t vote about it, we thought we should actu- comes. on a speech. Frankly, we can’t con- ally take a vote on it. As for the Democrats, well, even they tinue like this. After all, the President himself have some ideas that might do some It is long past time Democrats in the boasted Monday that he would sign a good for the country. Senator BROWN of White House and in the Senate took bill to raise taxes on small businesses Ohio has an amendment to extend the the lives and challenges of working right away if we pass it. So we sug- research and development credit, which Americans as seriously as they take gested two votes, one on the Presi- I know has bipartisan support even if their politics. It is time to put childish dent’s plan—once it is actually writ- Republicans might differ in his ap- things aside and get down to serious ten—and one on ours. But the majority proach. Senator BEGICH has an amend- business for the American people. leader in the Senate blocked it from ment that would extend the popular Mr. President, I yield the floor. happening. Why? Because, as usual, tax breaks for investments by small ORDER OF BUSINESS Democrats want to have it both ways. businesses. I don’t fully endorse the The ACTING PRESIDENT pro tem- Two years ago, when the economy specific approach taken by these two, pore. Under the previous order, the fol- was growing faster than it is now, 40 but if they had a chance to offer and lowing hour will be equally divided and Democrats in the Senate voted to do debate them, I think we might be able controlled between the two leaders or precisely what Republicans are pro- to work out an agreement and actually their designees, with the majority con- posing right now: keep everybody’s get a result. But we can’t even have a trolling the first half and the Repub- taxes right where they are and do no debate or get a vote on these Demo- licans controlling the final half. harm. The President apparently cratic amendments because of the poli- The Senator from Colorado. doesn’t want any of them to vote that tics. WIND PRODUCTION TAX CREDIT way now. Personally, I can’t imagine why Mr. UDALL of Colorado. Mr. Presi- In other words, he doesn’t want to do Democratic Senators would tolerate dent, I rise today, as I have been every what is right for the economy and jobs. this kind of authoritarian approach. It day, to urge my colleagues to work He wants to do what he thinks is good seems to me that if Senator BROWN of with me and to work with the Pre- for his reelection campaign. For some Ohio and Senator BEGICH really believe siding Officer to extend the production reason, his advisers think it helps him in their amendments, they would fight tax credit for wind. The PTC, as it is to take more money away from small, for a vote on them. It is hard to believe known, has broad economic effects, already-struggling businesses and their constituents sent them here to positive effects all across our great spend it on more government. That is rubberstamp everything the party lead- country. the plan anyway, and he wants to stick er puts out there regardless of the im- I am going to talk today, as I have with it. pact on their States. We would prob- each day, about an individual State Yesterday, the Democratic majority ably have these votes later today if that is known for its wind resources, leader did what the President told him these Democratic Senators vote to cut and today that is the great State of to. He made sure there wasn’t a vote on off debate. I will leave it up to them to Kansas. Kansas is already known as a a proposal the President of his own explain to their constituents why they national leader in both wind manufac- party demanded 2 days earlier. My didn’t think these amendments de- turing and production. In fact, Kansas friend, the majority leader, made sure served votes. has the most wind projects under con- there wasn’t a vote on the plan the But the larger issue is this: All of struction, as we sit here today, and is President asked for just 2 days ago. these petty political maneuvers betray on track to almost double their in- Then he offered a vote on a bill today an astounding lack of concern about stalled wind energy capacity. that isn’t even written and only if not only the economic crisis we are in We can see from this map of Kansas Democrats and Republicans give up but the threat that is posed by the fis- that there is a lot of activity. For ex- their ability to offer amendments to cal cliff we all know is looming in Jan- ample, there is construction currently the bill we haven’t seen yet. uary. A New York Times article from underway in what will be the largest This is the kind of absurdity we get just this morning suggests that one wind farm in Kansas, which is located when we have a governing party that is reason the economy has slowed down just southwest of Wichita, in south

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It is $800 million and have employed 500 con- heck aren’t you in Congress working to especially important to pass cost-effec- struction workers. Those are impres- save wind energy jobs right now? To tive policies because we are in the sive numbers wherever you might find Dan Hartman, the solution seems sim- midst of a global slowdown that is them. But that is not all. Once this ple, and I want to quote him. He said: hurting job creation and lowering gov- project is done and operating, the local I look at the wind energy industry as a ernment revenue. community should receive over $1 mil- matter of survival and our future in Kansas. In contrast, the other body—the lion annually in tax payments from the If we don’t extend the PTC, we’re throwing House—has been intent upon repealing project. There are some 200 property away our future. We need it badly. If you the Affordable Care Act, rolling back owners who own the land under the really look at the money, the PTC cost is regulations on firms that pollute, or turbines, and they will receive a simi- dwarfed by the capital investment it encour- providing tax windfalls to special in- ages. lar amount in royalty payments. That terests. That approach will not provide is real money for real Americans, all Dan has it right, and we should listen the real economic growth we need thanks to wind energy and the produc- here in the Congress. If we refuse to de- today to put people to work. In fact, it tion tax credit. velop our wind energy resources, there will exacerbate our deficit, and it will These are jobs and investments that are a lot of countries that are willing hurt the middle class of the United are created here at home, and they cre- to outcompete us—take China, for ex- States. ate good-paying jobs in Kansas, helping ample. We have to work to keep these The targeted tax cuts in the legisla- the local economy and providing crit- jobs and that investment here in the tion we propose, the Small Business ical income for rural communities. I United States, and that is why the Con- Jobs and Tax Relief Act, stand in stark have to say this is especially important gress must extend the production tax contrast to the approach taken by the as the drought takes a steep toll on credit as soon as possible. House Republicans in their Small Busi- farmers across the Midwest this year. Mr. President, you also know we ness Tax Cut Act, which is in many re- Wind power, if you think about it, is a have bipartisan support. This isn’t spects just another way to provide cash crop that always ripens and al- solely a Republican or a Democratic huge tax benefits to the wealthiest ways returns the investment in the issue. Senator MORAN from Kansas, my Americans instead of doing what we marketplace. good friend, has joined me and others should be doing—providing jobs for all This is just one project in Kansas to make this happen. We have offered Americans. Proposals such as the that isn’t even completed yet, so let an amendment to the bipartisan small House Republican bill will only gen- me talk about the overall effect of business lending bill that would extend erate 30 cents for every Federal dollar wind energy in Kansas. the PTC by 2 years, until the end of spent as compared to the $1.30 and $1.10 The wind energy industry in Kansas 2014. multiplier for tax cuts for job creation supports 3,000 jobs, it results in $3.7 We need the PTC. It equals jobs. We and investments in new equipment, re- million in property taxes from wind need to pass it as soon as possible. I spectively, that are included in our projects that go to local communities, want to ask my colleagues again, as I bill. and 8 percent of Kansas’s power comes have every day, to join Senator MORAN, Even more disturbing with the House from wind. Those are impressive num- Senator UDALL of New Mexico, Senator proposal is that nearly half of the $46 bers, and they would only grow as Kan- THUNE, and others to help pass this billion in tax cuts would go to the sas invests. much needed, commonsense, bipartisan wealthiest Americans—millionaires There are thousands of Kansas wind amendment or find another way to ex- and billionaires—without having to energy jobs supporting millions of dol- tend the PTC to ensure that more in- create one single job. lars of local tax revenue and, as I vestment and more jobs in States such In contrast, our bill provides a tar- pointed out here, almost one-tenth of as Kansas, Colorado, and others all geted 10-percent income tax credit for Kansas’s total power needs. This har- across our country will be the result. businesses that increase their payroll nessing of the wind has truly become Mr. President, I thank the Chair, I by hiring new workers or raising wages an economic driver, and it presents yield the floor, and I suggest the ab- this year. So there is a direct link be- enormous opportunity for this impor- sence of a quorum. tween the tax credit and creating new tant Midwestern State. The ACTING PRESIDENT pro tem- jobs or raising wages for working men I would like to focus on one county. pore. The clerk will call the roll. and women. This is a tax credit that is Lane County’s economic development The bill clerk proceeded to call the directly linked to this job creation ef- operation is headed up by Dan Hart- roll. fort, and the credit is targeted to in- man. Dan moved to western Kansas 5 Mr. REED. Mr. President, I ask unan- creasing middle-class job wages be- years ago, in large part because he imous consent that the order for the cause the credit only applies to the wanted to live in the heart of rural quorum call be rescinded. first $110,000 in wages for any indi- America, but he also wanted to help The ACTING PRESIDENT pro tem- vidual employee. So we are looking to create a better, more secure energy fu- pore. Without objection, it is so or- target this as closely and precisely as ture for America, with Kansas playing dered. we can to be both effective and prudent a central role. Since then, Dan has SMALL BUSINESS JOBS AND TAX RELIEF ACT with our resources. been working with counties, farmers, Mr. REED. Mr. President, I rise The tax credit is further targeted to and landowners to bring as much wind today in support of the Small Business small businesses because it only ap- energy as possible to western Kansas, Jobs and Tax Relief Act. This is a plies to the first $5 million in new pay- and I think those possibilities are al- tough economy for a lot of people roll, effectively capping the maximum most unlimited because there is across the United States. It is espe- tax credit to any business to $500,000. enough potential wind power in Kansas cially difficult in my home State of The bill also extends bonus deprecia- to meet the needs of Kansas some 90 Rhode Island, and that is why I support tion through 2012 for businesses that times over. the legislation before us today. It will invest in new capital. Bonus deprecia- That brings me to the point I wish to help small businesses to hire new work- tion has proved to be an effective in- make today, and it is why I keep com- ers and to expand their payroll or in- centive for businesses to pull forward ing to the floor. The uncertainty we vest in new capital equipment. This is capital purchases and invest in the

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In January 2009, President Obama In total, the Small Business Jobs and Mr. President, I yield the floor, and I was inaugurated and Democrats con- Tax Relief Act is estimated to create suggest the absence of a quorum. trolled both the House and the Senate. about 1 million jobs nationally and The ACTING PRESIDENT pro tem- Nevada’s unemployment rate was at 9.4 over 3,500 jobs in my State of Rhode Is- pore. The clerk will call the roll. percent. land. We desperately need these jobs, The bill clerk proceeded to call the Nearly 4 years later Nevada’s unem- and we need them as quickly as pos- roll. ployment rate is 11.6 percent. Too sible. This bill is a responsible, cost-ef- Mr. HELLER. Mr. President, I ask many people in Nevada are unem- fective, and fair way to generate unanimous consent the order for the ployed, have stopped looking for jobs growth. quorum call be rescinded. or worse, left the State for employ- Before us today is yet another exam- The PRESIDING OFFICER (Mr. ment elsewhere. ple of my colleagues in the Democratic BEGICH). Without objection, it is so or- With over 23 million Americans out caucus putting forth reasonable solu- dered. of work or underemployed I think it is tions that have been analyzed by THE ECONOMY past time to ask the President and this economists and determined to provide Mr. HELLER. Mr. President, last Congress is this working? immediate help to millions of out-of- week’s jobs report reinforces what Nevadans have seen the effects of work Americans. But my fear is that many of us have known for some time. higher Washington spending, higher my colleagues on the other side will Unlike what the President would like regulations, and higher debt and they again filibuster and oppose this effort, you to believe, the private sector is not know these policies have failed. They like others we have made, while only doing fine and this administration’s deserve solutions. Instead of having offering proposals that promise great policies are not providing effective so- more show votes, Congress needs to things but in reality contribute very lutions to our Nation’s problems. The focus on pro-growth policies that little to putting people to work quick- health of our economy hinges upon job eliminate burdensome regulations, re- ly. And that is our challenge. growth, and it clearly has not received form the tax code and help struggling The damage caused by the refusal of the attention it deserves. Our Nation homeowners. It is my hope that our many of my colleagues to support has no roadmap, and it is past time for economy will improve as the year goes these legitimate job proposals and a genuine effort to work in a bipartisan on, but Washington must take action. their efforts to actively unwind Fed- manner to create the certainty and There are small commonsense meas- eral support for our recovery is hard to stability that will allow American ures that we can pass right now if overstate. Their narrowly focused eco- businesses and families to thrive. given the opportunity. I continually nomic proposals, in which a vast por- Every morning Nevadans wake up come here to the Senate floor to offer tion of their tax cuts flow to million- and grab their hometown newspaper or solutions that will provide our Nation’s aires and billionaires or corporations turn on their local news. Some are get- job creators with the tools to provide that send jobs overseas, doesn’t help ting ready to go to work, while others for long-term economic growth. I have our middle class, doesn’t help our econ- start another day trying to find a job. crafted three housing bills to help omy, doesn’t help our Nation’s fiscal These Nevadans have become all too those foreclosed upon to stay in their health. Republican proposals do not re- familiar with headlines of Nevada lead- home, shorten the short-sale process, spond to our immediate crisis. ing the country in unemployment and and ensure homeowners who get mort- The legislation before us does re- foreclosures. gage relief are not hit with additional spond to that crisis by creating jobs for For the Nevadans who are going to taxes. I have offered legislation that middle-class working Americans right their job, these headlines create fear would require Washington bureaucrats now. And it does not give large addi- and uncertainty about their future. at agencies to take into account jobs tional tax cuts for the wealthiest of For the Nevadan who is unemployed, when issuing regulations or to stream- Americans. these headlines are another blow to line permitting for energy-related So I hope we can move forward. I their hopes of finding work. That is projects on public lands or even some- hope we can bridge the differences and what many Nevadans have had to live thing as simple as combining annual pass this legislation. It is legislation with for far too long. reports submitted to Congress. These that has been looked at by economists I read and see the latest unemploy- are small measures that if passed and has been determined to provide ment statistics just like everyone else, would make a big difference to our Na- real benefits. For every dollar we in- but I know that behind these numbers tion’s job creators. Unfortunately, all vest, we will get more than that in are real people struggling to make ends too often we find ourselves taking po- terms of economic productivity in the meet. Being home in Nevada I have litical show votes instead of debating economy. Again, this is in stark con- met the unemployed mechanic, the un- commonsense solutions. The bill we trast to simply proposing to cut taxes employed computer engineer, and the have before us on the floor is a perfect for the wealthiest Americans and as- unemployed waitress. Blue collar and example. I filed two amendments to sume that would put people to work. white collar workers alike continue to this bill that would help ease the stress That was the essence of the Bush eco- pay the price because of the poor deci- of taxes on middle-class Nevadans and nomic policies, and at the end of 8 sions by Wall Street and Washington. one to help underwater homeowners. years we were in one of the deepest Nevadans did not want the Wall Both are bipartisan proposals. Yet once economic crises, losing hundreds of Street bailout—but Washington did it again we find ourselves in a position thousands of jobs per month. anyway. Nevadans did not want the where we cannot have an open debate We pulled back from that brink, but trillion dollar stimulus bill—but Wash- on amendments. in order to go forward, and go forward ington did it anyway. Nevadans did not These are not partisan issues, these with momentum and confidence, we want the President’s health care bill— are American issues. If any Member of have to pass legislation such as the leg- but Washington did it anyway. Congress commits themselves to spend- islation we have proposed today: tar- When I am in places such as Reno, ing reform, tax reform, regulation re- geted efforts to put people to work, to Las Vegas, Henderson, or Elko I often form, and finding solutions to fix the move our economy forward, to move ask people to raise their hand if the housing crisis, then they will have me the Nation forward. This will help mil- bailout has helped them find a job. No as an ally.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11204 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 Nevadans deserve better than what 2002 encouraging my colleagues in the In 2009, Senator Brownback and I se- they have gotten from this Congress Kansas State legislature to help pro- cured $5.5 billion in Federal invest- and White House, which is why I will mote State investment in research in- ments for the University of Kansas to continue to keep coming to this floor frastructure—to be part of it. purchase equipment needed to further to raise my voice for the citizens of Ne- At the time, I spoke about how the its cancer research. Sam’s leadership, vada and I will fight every day to cre- statistics showed that Kansas was lag- both then and now, is immeasurable. ate jobs and get Nevadans back to ging behind other States in the race for Over those 10 years, there were many work. Federal and private research dollars. other excellent team members sup- Mr. President, I suggest the absence In response, the Kansas legislature porting this effort who should be recog- of a quorum. more than stepped up to the plate with nized. I apologize I will not be able to The PRESIDING OFFICER. The special thanks to leaders like Rep- name everyone who played such a big clerk will call the roll. resentative Kenny Wilk, Senator Kent and important role. The legislative clerk proceeded to Glasscock, Representative Nick Jordan First, Dr. Howard Mossberg, dean call the roll. and Senator Dave Kerr. emeritus of the KU School of Phar- Mr. ROBERTS. Mr. President, I ask The legislature voted in favor of macy. He was the force behind the reg- unanimous consent the order for the bonding authority—and we constructed ular meetings of our Science and Tech- quorum call be rescinded. and invested in buildings at the KU nology Advisory Committee. Howard, The PRESIDING OFFICER. Without Cancer Center and the Biosecurity Re- who lives in Lawrence, home of KU, did objection, it is so ordered. search Institute at K-State. Likewise, this work for free because he recog- Mr. ROBERTS. I ask to be recognized Wichita State’s work in composite re- nized the opportunity to use the advi- for 15 minutes. search is now revolutionizing indus- sory committee to provide us with key The PRESIDING OFFICER. Without tries from aircraft to health care. And facts to support our research and tech- objection, it is so ordered. about this same time, Stowers Bio- nology initiatives. KU, in fact, hosted KU CANCER CENTER CONGRATULATIONS medical Research Institute came into many of our advisory committee meet- Mr. ROBERTS. Mr. President, I come existence, which provided a key private ings down through the years. I truly to the floor today to congratulate the source of research excellence. appreciate that. University of Kansas on its prestigious Our Kansas motto is ‘‘To the stars Riding shotgun back in Kansas on designation as a National Cancer Insti- through difficulty.’’ Well, in short, the this effort has been my tireless staff tute Cancer Center. stars aligned. member Harold Stones. Harold pro- I do regret I can’t be at the KU cere- KU’s then-Chancellor Bob Hemenway vided the hard work of collecting and mony today to mark this designation and I sought out other opportunities to then distilling and providing to every- by the NCI because of anticipated votes help raise KU’s research profile. one concerned the valuable contribu- in the Senate, but I am certainly there In 2004, we invited then-NIH Director tions among our technology leaders for in spirit. Elias Zerhouni to KU for a tour and more than a decade, helping me turn This designation of ‘‘cancer center’’ discussion about KU Medical Center’s them into policy and progress. is such an important development for research facilities. Credit must also go to former KU re- my state and others in our region be- Dr. Zerhouni recognized—as many search directors Dr. Bob Barnhill and cause it means that many Kansans and Federal research directors do—that Dr. Michael Welch. They were instru- their families who have faced fright- there is great promise in research con- mental in my research about the KU ening diagnoses—and trying treat- ducted at Kansas universities. Cancer Center. Jim Roberts, who sadly ments—will no longer have to seek Chancellor Hemenway and I worked passed away from cancer himself, was a cures all the way down to Texas or up in concert to design congressionally di- valuable KU adviser to me, as is Steve to Minnesota. rected programs to supplement KU’s Warren today. They can, and will be able to, stay internal NIH cancer research successes. I have appreciated getting to know closer to home and their support sys- This included those won by Dr. Jeff Dr. Roy Jensen, who leads the KU Can- tems. Simply put, it’s great news for Aube, who leads one of four NIH drug cer Center. I know Roy will continue to Kansas cancer patients in the region. discovery centers. stay in close touch with me and the en- I am personally gratified by this des- Furthermore, this coordinated effort tire Kansas delegation about the KU ignation because it represents more with Chancellor Hemenway and his Cancer Center as it continues to than a decade of work with so many leadership team also provided KU with progress. Our work is ongoing. It is not outstanding partners. It has truly been the flexibility to recruit new cancer re- done. a team effort to achieve this important search faculty who brought consider- I would also be remiss not to mention Federal designation. able expertise and NCI cancer research the contributions of my former legisla- When I was first elected to this body programs to KU. tive director, Mr. Keith Yehle. Keith in 1996, I created a blue ribbon com- In 2006, with the critical mission of was the point person for KU to contact, mittee of Kansas leaders in govern- the National Cancer Institute in mind, whether it was about the KU Cancer ment, academia and the private sector from my post on the Senate Health Center, the advancements in special to advise me on the State’s science and Committee, we fought to reauthorize education or the Hoglund Brain Imag- technology needs. The goal was to funding for National Institutes of ing Center, where we also secured $1.8 make us more competitive in a global Health which oversee the National million in Federal investment for ren- marketplace increasingly reliant on re- Cancer Institute. ovation and equipment. Keith went on search and technology and to provide This reform bill reaffirmed the var- to work at KU for Chancellor economic opportunity to stop out-mi- ious centers of NIH including the Can- Hemenway to help him and our current gration of our best and brightest young cer Institutes and reauthorized their Chancellor Gray-Little navigate the people. funding. corridors of Capitol Hill. The Roberts advisory committee set In fact, this was a continuation of My former chief of staff Leroy out to implement policies and secure Congressional efforts from 1999, when Towns, former deputy legislative direc- Federal investments to further the re- we were successful at doubling NIH tor Jennifer Swenson, and my current search goals of Kansas State Univer- funding over 5 years, at a time when senior health care policy adviser Jen- sity in plant and animal science, Wich- many wanted to divert Federal funds nifer Boyer round out the list of the ita State University in composite and to other research. Roberts team who spent countless aviation research and the University of My then-partner in the Senate, Sam hours working on behalf of the Univer- Kansas in life science research. Brownback, now our State’s Governor, sity of Kansas—whether it is the can- I personally took this goal to the and I worked together to advance this cer center designation or any other of Kansas legislature in 2001 and again in push. KU’s initiatives.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11205 Let me stress that my current col- I don’t think one party has the mo- in Massachusetts and contributes over leagues in Congress, Senator JERRY nopoly on how to create jobs in this $4 billion to our economy. Massachu- MORAN, Congresswoman LYNN JENKINS, country. I think we can actually get setts alone is expected to lose over and Congressman KEVIN YODER, have together in a room and hammer it out 2,600 jobs. As a direct result of this tax, each carved out important initiatives and try to work to help protect the around 10 percent of our device manu- to promote this designation and have middle-class and everybody in America facturing workforce will be affected. helped make this day possible. This who wants to get out and work. The bottom line is we can’t have that partnership will continue for KU. We have worked together, as I have kind of job loss in a sector of our econ- We could not have accomplished said, on a whole host of bills. I forgot omy that is still struggling. something this encompassing without the hire a hero tax credit, which is Yesterday, I, along with others, in- strong public support. In this regard, I clearly a jobs bill. I worked with Sen- troduced an amendment to repeal this also wish to thank the publisher and ator BENNET and Senator MERKLEY on job-killing medical device tax. It is a the editor of the Lawrence Journal- that. It is a very important piece of tax which will drive up the cost of care World, Mr. Dolph Simons, Jr., for his legislation. With that type of success, I for patients and make our workers and comprehensive coverage with regard to don’t understand why we don’t try that our companies less competitive. all these initiatives over the years. more often. Some say it is time to move on from What we have with the NCI designa- The new medical device tax is one the health care bill to work on the jobs tion is proof of what I said to the Kan- more example of a policy we all know legislation. With all due respect, work- sas State legislature back in 2001; that is bad for jobs and, in fact, bad for our ing on job growth means repealing the public and private and academic part- economy. The House has already voted health care bill and its 18 new job-de- nerships are critical to developing our to repeal this job-killing tax. I am dis- stroying taxes along with one-half tril- State’s economy over the long term. I appointed to say the Senate has not lion in Medicare cuts. applaud the generosity of the Kansas taken the time to work to repeal it in A lot of these things haven’t clicked Masonic Foundation, Annette Gloch, a truly bipartisan manner. in and the American public isn’t quite the Hall Family Foundation, and oth- For those who don’t know what the aware they are soon going to be af- ers for their key contributions to this medical device tax is or why we should fected by 18 new taxes associated with effort. even care, let me explain. In Massachu- the Federal health care bill and a one- In the Senate this week, we have setts, we have over 400 medical device half trillion in Medicare cuts. It is talked a lot about the need for job companies employing tens of thousands time to get rid of the medical device growth—jobs, jobs, jobs. According to of people. This 2.3 percent tax on med- tax before it does even more damage, the University of Kansas, since 2006, ical device sales will cost our economy not only to Massachusetts but other thousands of jobs and limit Americans the National Cancer Institute’s des- States that have a large medical device access to the most groundbreaking, ignation pursuit alone has created 1,123 industry. jobs and had a regional economic im- state-of-the-art medical devices. I urge my colleagues to get behind For example, Covidien, a medical de- pact of $453 million. We can only ex- this effort in a truly bipartisan, bi- vice company with 2,000 employees in pect, with the announcement of the cameral manner. my home State, has estimated that cancer center designation today, that I yield the floor. taxable medical devices represent ap- these numbers will grow jobs, jobs, The PRESIDING OFFICER. The Sen- proximately 30 to 40 percent of the jobs. ator from Utah. total net sales in 2011. What that Our work does not end today. We will Mr. HATCH. Should we go to the bill? means in plain language is that will always be focused on ensuring a better The PRESIDING OFFICER. The Sen- cost Covidien between $80 million and treatment of cancer victims. A great ate is considering the motion to pro- $107 million annually. From where is thanks go to so many—past and ceed on S. 3369. that money going to come? Will it present. I am honored to have been ESTATE TAX come from R&D, expansion, hiring or there at the beginning, but in some expanding their workforce? Mr. HATCH. Mr. President, I find it ways I believe you ain’t seen nothing Over the last 5 years, Covidien has ironic that we are debating a bill called yet. Congratulations to the University more than doubled its R&D investment the Small Business Jobs and Tax Relief of Kansas and to the entire State of and launched more than 100 new prod- Act when that bill does absolutely Kansas. ucts. One of those products is a device nothing to address the death tax, one ‘‘Rock Chalk Jayhawk.’’ Well done, that restores blood flow in patients of the biggest threats to our small KU. who have suffered from a stroke by me- businesses in our country. MEDICAL DEVICE TAX chanically removing blood clots from Again, while Republicans are being Mr. BROWN of Massachusetts. Mr. blocked vessels. Obviously, that is a accused of not wanting to move legisla- President, I rise to discuss the small very important device that would actu- tion to help grow the economy and de- business tax bill currently before the ally help save people’s lives and save velop jobs, it was interesting to read Senate, one of which I hope we have an costs. Another product provides the this morning that my Democratic opportunity to debate openly and fairly first safe and effective treatment for friends still do not have any agreement and allow amendments. I am not quite large or giant wide-neck brain aneu- among themselves on how to proceed sure if that is going to happen, which is rysms available on the market, but los- on a number of tax issues—including frustrating because the American peo- ing $80 million to $107 million in rev- the death tax. They need to get moving ple deserve better. When we allow the enue each year will put Covidien’s con- over there. process to work and we allow every- tinuing growth in very real jeopardy. Next year, unless Congress does body to have their say in the process, Another medical device company, something, the death tax will come we ultimately get a good bill. I am Stryker Corporation, said late last roaring back at a much higher rate of hopeful we can do the same on this one. year they would begin cutting 5 per- 55 percent and a much lower exemption It is good we are finally working on cent of their workforce in response to amount of $1 million next year, though jobs, but I believe we should be work- the tax. That is 1,000 jobs that will be those who promote the death tax char- ing in a more bipartisan way, as we did gone as a result of this tax. Stryker ex- acterize it as impacting only Daddy with the insider trading bill, crowd- pects the device tax to cost them $130 Warbucks, the Monopoly Man, and funding, the Arlington Cemetery bill, million to $150 million in the first year Montgomery Burns. The data does not the 3-percent withholding, and many alone. These are just two examples. As bear out this cartoonish characteriza- other bills. We need to work on a bill I said, in Massachusetts we have over tion. where all Members are offered an op- 400 medical device companies. The death tax does not just hit those portunity to have their votes on job- The Massachusetts medical device in- at higher income tax brackets; it has creating ideas. dustry employs nearly 25,000 workers an effect well beyond small business

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11206 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 owners and adversely impacts middle- business just to pay the death tax. This Government. The estate tax return is class jobs and wages. Call it what you added cost is embedded into the cost of filed by the representative of the de- will, the estate tax or the death tax, goods when sold. In other words, Amer- ceased. That return does not take into but in the end it is a tax that is ican consumers, American workers, or account the dead person’s family, em- antismall business and antijob creation Americans looking for work are those ployees, or neighbors. All of those folks and antiwage increase. who will ultimately have to pay the are affected if the death tax burdens We are in the midst of another Sen- death tax. that particular family business or ate floor show of pursuing legislation Consider also that heirs are often farm. that will give the President and his al- forced to sell an asset of the business There seems to be a strategy by the lies campaign talking points but will or the business itself in order to meet Democratic leadership to drag its feet do absolutely nothing to spur economic this arbitrary tax due date. These as- in coming up with a resolution to this growth and job creation. Meanwhile, sets are likely generating revenue and impending problem. What they fail to the Senate has failed to take action on could be a vital part of the business. realize is this strategy is only adding estate tax reform. This is beyond irre- But because the tax man cometh, small to the cloud of uncertainty—economic sponsible. businesses are forced to sell these as- uncertainty—over our country and I have been a long-time proponent of sets to pay the death tax. over our economy. Will Congress keep repealing the death tax. Not only is it We ought to repeal the death tax, the rates and exemption amounts the double taxation and a deterrent to sav- plain and simple. We actually don’t get same? Will Congress increase them? ings, but it also sucks up capital in the that much revenue from the death tax What do I need to do as a small busi- marketplace. To be clear, this is cap- to justify its existence. It has been a ness owner to better prepare my busi- ital that could be used to hire more pain in the neck from the beginning. ness from withstanding a tax increase? workers or expand small businesses or In 2010 the death tax was temporarily These are the types of questions more and more small business owners any business for that matter. This is a repealed, but in a few months the law and farmers are continuing to ask. The basic economic concept that seems lost will take a sharp turn for the worse. uncertainty these questions generate is on our current President, President Back in 2010 Senators KYL and Lincoln holding back investment, job creation, Obama. offered a compromise that gained bi- and wage growth. Yet policies to pro- During last year’s deficit reduction partisan support which eventually be- mote economic growth have, unfortu- talks, President Obama argued on be- came law. Under title III of the Tax Re- nately, taken a back seat to Presi- half of tax increases saying: lief Act—a law signed by President dential talking points that campaign Obama—the death tax and the gift tax I do not want, and I will not accept a deal advisers think will generate votes. At- in which I am asked to do nothing, in fact, are unified with a $5 million exemption I’m able to keep hundreds of thousands of tack the rich. Promise more spending. amount and a tax rate of 35 percent. As a candidate, President Obama dollars in additional income that I don’t Under current law, however, in 2013 we need. promised in 2008 that Washington need- will once again have a 55-percent estate ed to spread the wealth around. That is Income that I don’t need? This is a tax due within 9 months of death, and one promise the President has kept. In point that could only be made by a per- in some cases the tax will reach 60 per- spite of an economy that demands a son with a very loose understanding of cent. The exemption amount could be focus on job creation, the President how business and entrepreneurs oper- as low as $1 million. and his liberal allies have spent the ate. The President seems to think this That is not right. How does it benefit last year coming up with even more in- so-called excess income does no good. our economy to have small businesses tensive redistributionist schemes. In fact, however, it will be invested or and farmers wondering whether they Recently, the Joint Committee on it would be invested in new business have to sell their business or literally Taxation released an estimate on how ventures, new hires, and better wages. sell the farm to pay for an uncertain many more taxable estates, farming If these entrepreneurs with all this amount of taxes? It creates an account- taxable estates, and small business tax- excess income did nothing but put that ing and financial nightmare. able estates would be affected by the money into a savings account, it would The estate tax is not about making increase in the death tax over the next benefit individuals looking to buy a the Tax Code more progressive. The es- 10 years. The numbers are truly aston- house, buy a car or start their own tate tax is not about more redistribu- ishing. If Congress does not act, we will business, but the President does not tion. It is not about deficit reduction. see more than a 1,000-percent increase seem to grasp this. So it is no surprise It is class warfare, and while it might in the number of taxable estates, a that he and his Democratic allies have stir up some votes, it has an outsized 2,300-percent increase in the number of done nothing to address this job-killing and detrimental impact on our econ- farming taxable estates, and a 1,000- death tax increase looming on the hori- omy. percent increase in the number of zon. Many do not realize the enormous small business taxable estates. The The President claims he is interested impact the death tax has on rural reach of the death tax is growing, and in job creation. He certainly should be America. I am not only talking about it is going to hit not just the so-called after last month’s anemic jobs report. farmers and ranchers; I am also talking rich but current employees and, for Well, he need look no further than about small family-owned businesses that matter, entire communities. death tax repeal. I know his liberal that generate economic growth in Let’s take a look at the tax year of base might not appreciate it, but the smaller towns—and even larger towns. 2013. It arrives in a little over 7 rest of the country, which is less inter- If we do not address the death tax, months, by the way. Under current ested in class warfare talking points some businesses with assets over $1 law, 46,700 estates will be taxable. If we and more interested in getting the million could be susceptible to the extend the Lincoln-Kyl compromise, economy moving again, would embrace death tax. 3,600 estates would be taxable. Now, let it. I know for a small business $1 million me refer to the Joint Committee on The death tax adds inefficiency to in assets is a pretty low threshold. Taxation estate tax data chart. It is our economy. It is what economists That is why I care about this death tax the second column on the chart. When refer to as deadweight loss. In other debate: because of real people, real we think about it, under current law words, it creates another burden on our Utahans, in real communities, who will the path on which we seem to be slow- free market system and prevents the be upended if this tax increase is al- walking means more than 10 times the full potential of economic growth. lowed to go into effect. number of estates will be hit by the For instance, many small businesses When we hear about the number of tax. The Lincoln-Kyl compromise have to purchase insurance in order to individuals impacted by the death tax, means only the top 10 percent—the prepare for paying the death tax so that statistic actually understates the wealthiest estates—would be hit by the they do not end up having to sell the sweep of this intrusion by the Federal death tax.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11207 If we project out the 8 years of cur- would no doubt be appalled to know stimulate economic investment— rent law over 10 years, we will find that that behind the Grim Reaper now again, to create jobs. It is a very sim- roughly 570,000 estates will be taxable stands an IRS agent waiting to collect ple and straightforward extension of over that period. Under the Lincoln- and deliver the government’s share. the accelerated depreciation that Kyl compromise, which is the current But today’s so-called liberals have boosts gross domestic product and will estate tax regime, roughly 41,000 es- abandoned this classical liberal philos- benefit 2 million businesses—it is esti- tates would be taxable over that pe- ophy—the philosophy of natural rights mated 2 million businesses—most of riod. So 570,000 estates under the law and liberties upon which our Nation them small businesses across the that many Democrats would want or was founded—in favor of a United States. In fact, this measure is only 41,000 estates would be taxed redistributionist philosophy that un- very specifically targeted and aimed at under the Lincoln-Kyl compromise. dermines rights and undermines our small businesses creating jobs. They In a recent interview with the Asso- economy. are the backbone of our economy. They ciated Press, Secretary of Agriculture Time is running out. We cannot con- are the source of the majority of new Kathleen Merrigan described an epi- tinue this cycle of passing temporary jobs. demic of sorts that is hitting our farm- tax relief and then waiting until the It economizes, very prudently and lands across the United States. She did very last minute to decide what to do practically, the aid that is designed to not talk about rising fuel prices or next. We owe it to family farms and boost new jobs, as well as overall out- droughts. Instead, Secretary Merrigan small businesses to figure out a way to put in our economy. discussed how our country’s farmers pass a permanent solution so each year It is supported by a broad consensus and ranchers are getting older, and businesses are not left wondering of economists, including Alan Blinder, fewer young people are taking their whether they will have to shut their who has endorsed this idea as a job cre- places. I have heard time and time doors in order to pay the death tax. ator, saying: again that the death tax is the No. 1 Also, for those who love to raise The basic idea is to offer firms that boost reason family farms and businesses fail taxes on small businesses, keep in mind their payrolls a tax break. As one concrete to pass down to the next generation. these small businesses pay a lot of in- example, companies might be offered a tax If Congress does not act soon, the come tax each year into the Treasury’s credit equal to 10% of the increase in their Joint Committee on Taxation esti- coffers. Do we want to kill the goose wage bills. . . . No increase, no reward. mates that another 2,000 farming es- that is laying the golden eggs? If we That is the concept: ‘‘No increase, no tates will be hit by the death tax next are serious about providing true tax re- reward.’’ But the reward and the incen- year. Keep in mind farmers sometimes lief that will help small businesses tive are a powerful potential driving carry debt. That would reduce the grow, we can sit here and debate force to aid small businesses in increas- value of the farm, but on the other whether a bandaid will be the cure to ing the numbers of jobs they provide. hand farmers have other farm-related our ailing economy, or we can begin I thank Leader HARRY REID for this assets such as combines and other the debate over how to prevent historic very targeted and profoundly meaning- equipment that are not included in the tax increases from hammering our ful proposal. But when I think about figures I cited. small businesses and farms. the impact of this legislation, I do not This data shows the failure to ad- I urge my friends in the Democratic think of the folks who are gathered in dress the estate tax cliff will under- leadership to put the death tax on the this Chamber. I think of people in Con- mine many family farms. For those Senate’s radar screen. necticut—13,000 people in Con- folks who are working this land, this is I suggest the absence of a quorum. necticut—who will have jobs if we an unwelcome uncertainty. As I indi- The PRESIDING OFFICER. The move forward on this bill. cated earlier, the tax is an impediment clerk will call the roll. I think of a man named Hector Her- to passing on the family business, in The legislative clerk proceeded to nandez. I met Hector at a jobs fair I this case the family farm. A much call the roll. hosted in East Hartford this past Sep- higher death tax, apparently supported Mr. BLUMENTHAL. Mr. President, I tember. After 25 years of working for by many Members on the other side, ask unanimous consent that the order the same company—as they say, work- will undermine many family farms and for the quorum call be rescinded. ing hard and playing by the rules—Hec- small businesses. Yet these family The PRESIDING OFFICER (Mr. tor lost his job. He is willing to do farms and small businesses form the BROWN of Ohio). Without objection, it most anything to find a new job, but he economic backbone of their commu- is so ordered. cannot find one. There are simply no nities. SMALL BUSINESS JOBS AND TAX RELIEF ACT jobs for Hector. This measure will help Do we really want to send the signal Mr. BLUMENTHAL. Mr. President, I to provide him one. that those who work hard, save, and am reminded today of the old saying At that same jobs fair I met Ty Wag- want to pass something on to their that we campaign in poetry but we ner. Ty took a very smart path. He de- families exist solely to fund bloated govern in prose. We are in the midst of cided he was going to get all the edu- Federal programs? Why work hard? a campaign season when we hear a lot cation that could possibly be accessible Why save? Why not work less? Instead, of rhetoric perhaps posing as poetry, to him. He got a technical degree from if the President is just going to spread but we have an obligation to govern. I a top university. He wanted to work in the wealth around, it might just be rise today in support of S. 2337, which the State when he graduated. His easier to go into debt and live beyond is most certainly simple, straight- dream job was to give back, to provide one’s means. forward prose in dedication to the art public service. He has not been able to There is something fundamentally of government. It is the Small Business find any job, let alone his dream job, unjust about the estate tax. Contrary Jobs and Tax Relief Act. It is about as and he is every bit as lost as Hector to the claims of the President and his simple and straightforward as it pos- Hernandez. most liberal supporters, a person’s sibly could be. That situation faced by Hector and wealth is the result of his or her labor. It has two compelling, concise con- Ty is only one aspect of the crisis in When one builds a business, one puts cepts. The first is a tax credit of 10 per- America’s job market. I think of Jodey their sweat and ingenuity into it. To cent on new payroll. It can be either Lazarus who moved to Stamford 5 then be punished for this—to have it new hiring or increased wages in 2012 years ago in search of economic oppor- taken away at the moment of death by as compared to 2011, and it is capped at tunity. She put her two kids in local the Federal Government—is an assault $500,000—pretty simple, straight- schools, signed up for college classes, on personal liberty and freedom. forward prose in aid of jobs, in aid of started to get her finances in order, John Locke, the great philosopher, employment. and today she makes barely enough to understood this. America’s Founding It also extends for 1 year the 100-per- feed her family. She receives no bene- Fathers understood this, and they cent bonus depreciation allowance to fits. She has been looking for a job that

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11208 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 will pay her more and give her more se- businesses. We also know innovation is 3 years or 5 years or 10 years, they can curity, but in this economy her efforts more likely to come from small compa- write it off immediately, having the have come to nothing. Every week she nies that find ways to work more cost ability to buy that piece of equipment, hopes and prays her income will be effectively. Today in this economy it is to grow their business, and to be able enough to provide food for her family. a challenge for small business owners to then write off the cost. It is just a People like Jodey and Hector and Ty to be able to put together the business timing issue for the businessperson, deserve better. financing to create the jobs we need for but it is the difference between making As I travel across Connecticut, I hear our economy. the investment or not making the in- often that there are jobs and employers The Senator also understands if we vestment, creating a job or not cre- cannot find people with the skills to are going to balance our budget, if we ating a job. fill them. We need to provide those are going to be able to move forward, By the way, by buying that piece of skills to develop our workforce, to we have to have more people working. equipment, that business owner is also make sure education and training are A lot of people are looking for work helping another business owner who is available so people have skills to fill and cannot find a job. We want more selling that piece of equipment, to get the jobs that exist. people working to fuel our economy. our economy back moving again. It is Washington can do more for them. Also, by the way, they also pay taxes those types of commonsense provisions This kind of targeted, practical ap- and help us bring our budget into bal- that have always enjoyed broad bipar- proach—not Republican or Democrat, ance. tisan support in the Senate—always. not conservative or progressive—sim- So I could not agree with the Senator These are provisions we have had ply provides the tools small businesses more that we need to get Democrats Democrats and Republicans working on need: a 10-percent payroll tax cut, ac- and Republicans working together. together. We need to do that today. celerated depreciation—simple, Here we have a bill on the Senate floor Let’s move on with the bill. We have straightforward prose, not poetry, that helps small businesses. Let’s not had it on the floor of the Senate now a prose—that will put people back to filibuster this bill. Let’s at least bring couple days. Let’s move on and start work in Connecticut and around the it up for an up-or-down vote. I thought voting, but do not filibuster. Let’s vote country. in a democracy majority rules. Let’s on relevant amendments. Can’t we just I urge that my colleagues come to- bring it up. Let’s have a vote. Let’s stick with the small business issues gether—as the American people want keep it to the small business issues. and vote on that in order to help our us to do desperately, are seeking for us We all talk about our support for economy grow? to do—and to govern in prose that small businesses. Let’s keep it to the I am also pleased about another pro- makes a practical difference in their issue before us: to create jobs, to help vision that is in the Landrieu amend- ment and the underlying bill now that lives, a tool for small business—not as small businesses do that. we could have a chance to vote on that a panacea but as a practical aid so The underlying bill—and I thank increases the surety bond limits for small businesses can put people back to Senator REID for the underlying bill— small businesses. This was passed by work across the State of Connecticut says to small businesses: If you add to the Senate and incorporated into law and the country. our economy, if you create more jobs, in February 2009. I was proud to be the Mr. President, I yield the floor. if you increase your payroll, then we sponsor of this amendment that in- The PRESIDING OFFICER. The Sen- have tax help for you to do that. creased the surety bond limit from $2 ator from Maryland is recognized. I must tell you, I think this is ex- Mr. CARDIN. Mr. President, first, let actly what we need. We know busi- million to $5 million. The reason this becomes important me thank my colleague from Con- nesses cannot get all the financing is, for a small business owner to be able necticut, Senator BLUMENTHAL, for his they need. They need some help in to get a government contract of over order to be able to put together new comments. I must tell the Senator, lis- $100,000, they need to have a surety tening to him account to the people in job opportunities. This bill provides bond. In order to get that surety bond, Connecticut, to the individuals who are that with a 10-percent credit on the the small business owner has to take, struggling in this economy, I can tell cost of a new hire. That gives an incen- usually, for security, some of their as- the Senator we have the same exact tive for the small business owner. It sets and pledge them for the surety circumstances happening in Maryland. may be the difference between setting bond rather than using them for the This past weekend I was with some up that new restaurant or moving for- credit of the company, which is really small business owners who were telling ward to add that employee that will a catch-22 situation. me their plans for opening a new res- not only help our economy but will Increasing the limit from $2 million taurant and opening a new gasoline help that company discover the way in to $5 million frees up some of that abil- station, telling me of the struggles which we can deal with the cyber ity because the government comes in, they are having in getting financing. threats to this country. So it helps our the Small Business Administration There are community banks that have country, it creates the jobs, and this comes in and helps them with that sur- money, but they cannot make the underlying bill should be discussed on ety bond. So if you are a construction loans because of the new rating sys- the floor of the Senate without filibus- contractor trying to get a Federal con- tem, and it is very difficult to get the ters that deny us that chance. tract, the difference between $2 million capital to get the type of expansions I also thank Senator LANDRIEU. Sen- and $5 million is a huge difference in they need today to start a new busi- ator LANDRIEU, the chair of the Small the type of contracts that you can ness. Business Committee, has put forward a compete for. In my State of Maryland, the high- series of amendments. I am proud to It is interesting that when we looked tech and cybersecurity areas where we have worked with her on the amend- at it, we had projected it would gen- have small companies that are starting ment she has brought forward that erate about $147 million in additional up to help our country, to help our adds some provisions that are ex- bonding activity for projects of over $2 country answer the problems of cyber- tremely important. million, and we found that, in fact, it security, help our country develop the I know in the underlying bill, work- increased activity by $360 million. type of biotech discoveries that will ing with Senator LANDRIEU, we have So the need was there. It generated make our health care system more cost also the expensing provision. That is strong activity. Democrats and Repub- effective, are having a very difficult an important provision. As I am sure licans supported it. I was proud of the time putting together the capital in the Senator from Connecticut under- support of Senator LANDRIEU and Sen- order to be able to move forward with stands, that provision allows a business ator SNOWE. job creation. owner to go out and make a capital in- This is not a controversial issue. The The Senator and I know 60 percent of vestment, to buy a piece of equipment. only way we are going to get that in- our job creation will come from small Rather than having to write it off over crease—that expired in 2010. It is no

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11209 longer part of the law. We are back to gains tax on small businesses, individ- ally take $40,000 home to my family. How $2 million. So small business owners uals, capital gains tax on investments. much more do they want? are at a disadvantage. We just have not It also means raising the death tax on John, you’ve shopped in my store, you’ve seen all how we have grown, and you know had a chance to extend that. It is not American families—the estate tax. people like me would use every available controversial. It brings money into the He made that proposal even though dime to grow more. This president’s pro- economy. It is not scored. he has repeatedly said we cannot raise grams not only limit my company’s poten- So we need to be able to get that taxes in a recession. He has made that tial to grow, but they destroy any incentive done. If we cannot get to this bill, I do statement repeatedly in recent years, to work and hire more people. I just don’t not know when we will get that in- that we cannot raise taxes in a reces- know if he doesn’t understand what he’s crease in the surety bond limit. So that sion because it would hurt the econ- doing, or just doesn’t care. is another reason I urge my colleagues omy, and raising taxes would hurt job Please, Senator HOEVEN, share with your partners in the Senate how critical an issue to let us vote on this bill to help small creation. this is for small business owners like me. Oh, businesses in our community. It has al- But here we were on Monday, and he and Thanks for Shopping at Ace when you’re ways enjoyed bipartisan support. proposed we raise the tax rates. This is home in Bismarck. Here is what we are asking. My col- at a time when we have 8.2 percent un- Jeffrey Hinz, Kirkwood Ace Hardware. leagues, we all talk about we want to employment; in fact, we have been over I think Jeff sums it up well—better create more jobs. We all talk about 8 percent unemployment for 41 straight than I could. Jeff represents millions of supporting small businesses because we months. We have 13 million people who small businesses across this country know small businesses are the growth are unemployed whom we want to get that are the very backbone of our econ- engine of America. We all know small back to work, and we have another 10 omy. They hire the people, they pay businesses create more of the new pat- million who are underemployed. On the the wages, they pay the taxes. They ents, more of the new innovations per order of 23 million people are either un- fuel the growth and the dynamism of employee than the larger companies employed or underemployed. our economy. In short, they make our do. Let’s put our action where our Since this administration has taken economy go. Small business in this words are. We can do that today by al- office, middle-class income has de- country makes our economy go. lowing the Senate to move forward to clined from approximately $55,000 to Yet the President’s proposal would consider amendments on the Reid bill about $50,000. The number of people on raise taxes on about 1 million business that is before us—the Landrieu amend- food stamps has grown from 32 million owners, hurting their ability to grow ments. Let’s move forward with that recipients to 46 million recipients. our economy, hurting our ability to get bill. Let’s take up relevant amend- Home values have dropped from an av- those 13 million unemployed people ments that deal with small business erage of about $169,000 to an average of back to work. issues. Let’s vote them up or down by about $148,000. In the area of economic That is not the way to go. Very clear- a majority vote of the Senate. And growth, GDP growth is the weakest of ly, that is not the way to go. This ad- then I am sure, at the end of the day any recovery post-World War II. The ministration’s policies are making it when we put that bill up for final pas- last quarter, it was reported that it worse. But the President says everyone sage, it will enjoy broad support by the was about a 1.9-percent increase over needs to pay their fair share. How Members of this body. And it gives the the prior quarter. many times have you heard him say American people confidence that we in- In the area of job creation, the report that? Well, of course, everyone needs to deed are focused on job creation for for June, as far as the number of jobs pay their fair share. But the way to do America. gained in the month, came out last it is with progrowth tax reform and I urge my colleagues to let us move week. In June, we gained about 80,000 closing loopholes, not by raising taxes forward on this bill. Let’s take up the jobs. That is far short of the 150,000 on some people, some businesses, and Landrieu amendments, take up the un- jobs we need to grow each month just not others. derlying bill. Let’s do something that to keep up with population growth. That is what we have proposed. We can help small businesses, help job So now the President says the solu- have proposed progrowth tax reform growth, help our economy, and restore tion is to raise taxes on our job cre- and closing loopholes. Let’s extend the confidence to the American people that ators. This week, after the President’s current tax rates for 1 year and set up we are indeed dealing with the agenda speech—as I said, he spoke on Mon- a process to pass progrowth tax re- they want us to do—moving our coun- day—I received a letter from a small forms that lower rates, close loopholes, try forward, moving our economy for- business owner in my State of North are fair, simpler, and will generate the ward by creating more jobs in our Dakota. I know this individual. In fact, revenue to reduce our debt and deficit, economy. he has a hardware store in Bismarck. I along with savings and spending less— I thank my friend from Connecticut. have often gone there for items I need controlling government spending, but I suggest the absence of a quorum. when I am working on my home. In that will generate the economic growth The PRESIDING OFFICER. The fact, last year, when we had terrible to drive revenue, not higher taxes. clerk will call the roll. flooding throughout North Dakota, in The reality is that is the only way to The bill clerk proceeded to call the Minot and other communities—we had get on top of our debt and deficit and roll. flooding in Bismarck, and my home is to get people back to work. We need Mr. HOEVEN. Mr. President, I ask along the Missouri River and was in economic growth to reduce the debt unanimous consent that the order for the way of the flood—I often went and deficit, along with more savings at the quorum call be rescinded. there to get needed items. He runs a the Federal level, controlling spending, The PRESIDING OFFICER. Without good business, a good small business, and we need economic growth to get objection, it is so ordered. and it is very helpful. He sent me this people working again. PROGROWTH TAX REFORM letter after the President’s speech on That is why we have put forward our Mr. HOEVEN. Mr. President, I rise Monday. I will read it. It is short: approach—a simple approach—to ex- today to speak on the need for Senator HOEVEN: tend the current tax rates for another progrowth tax reform. The president’s recent comments on rais- year and set up a process for com- Recently, President Obama—in fact, ing taxes on high income earners concern me prehensive progrowth tax reform. That on Monday—in a speech proposed a greatly. Perhaps he just doesn’t understand is the right approach. From 2000 to plan to raise tax rates rather than con- that for people like me, who own a business, 2010, I served as the Governor of my tinuing the current tax rates. That the bulk of those earnings actually go to the State. That is the approach we took. bank payments for what I borrowed to be means raising taxes on individuals and here. I am actually in danger of being taxed Look at the results in our State of small businesses and raising the cap- to a point of no living wage for myself. The North Dakota. Look at the results in ital gains tax on investment—not only taxes and bank payments come first. Out of States such as Indiana, where that ap- the income tax, but also the capital an income that classifies me as rich, I actu- proach has been taken. It works at the

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11210 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 State level. It will work at the Federal It is not our right, it is our obligation defense system. It also provides level. We need to do it. to get the authorization bill to the multiyear procurement authority for I call on President Obama, as well as President’s desk. the Chinook helicopters, V–22 aircraft, my colleagues, to engage in this vital We may have significant disagree- Virginia-class submarines, and Arleigh effort now for the good of the American ments, but for 50 years this body has Burke-class destroyers, reflecting esti- people. passed the Defense authorization bill mated savings of more than $7 billion With that, I yield the floor. and it has been signed by the President over 5 years. And none of this can take The PRESIDING OFFICER. The Sen- of the United States. We are in some place unless we pass the authorization ator from Arizona is recognized. danger of not getting this done this bill. Mr. MCCAIN. Mr. President, I ask year when we look at the remaining The committee also sought to im- unanimous consent that the Senator weeks we have in session and the num- prove the ability of the armed services from Ohio, Mr. BROWN, be recognized ber of challenges that are before us. So to counter nontraditional threats, in- following my remarks. I think it is time we step back and look cluding terrorism, cyber warfare, and The PRESIDING OFFICER. Without at the requirement to pass this legisla- the proliferation of weapons of mass objection, it is so ordered. tion. destruction. I believe the key battle- NATIONAL DEFENSE AUTHORIZATION ACT I have some sympathy for the major- field of the 21st century will be cyber Mr. MCCAIN. Mr. President, this ity leader in that there is great dif- warfare, and I am concerned about our body for 50 years has passed the Na- ficulty in the way we are doing busi- ability to fight and win in this new do- tional Defense Authorization Act, and ness nowadays. But I hope my col- main. To improve the Defense Depart- for 50 years, after conference, it has leagues on both sides of the aisle will ment’s cyber capabilities, this legisla- reached the President’s desk and been all recognize the importance of this tion consolidates defense networks to signed by the President of the United legislation. We must urge Members on improve security and management, States. both sides to set aside their own per- which will permit personnel to be reas- There are many pressing issues that sonal agendas and do what is necessary signed to support offensive cyber mis- confront the Senate, the Congress, and for the defense of this Nation. sions, which are understaffed. the Nation. But I don’t think we should The bill provides $525 billion for the The issue of nuclear proliferation is forget that our first obligation is to se- base budget of the Defense Depart- addressed, and other programs to cure the safety of our citizens, and that ment, $88 billion for operations in Af- counter the flow of improvised explo- can only be done by training, arming, ghanistan and around the world, and sive devices and curtail the trade of and equipping the men and women who $17.8 billion to maintain our nuclear worldwide narcotics are authorized in are serving in the military. deterrent. The bill authorizes $135 bil- this bill. Mr. President, a couple of months lion for military personnel, including Especially important are provisions ago, through the Senate Armed Serv- the cost of pay, allowances, bonuses, to enhance the capability of the secu- ices Committee, we passed the Na- and a 1.7-percent across-the-board pay rity forces of allied and friendly na- tional Defense Authorization Act, and increase for all members of the uni- tions to defeat al-Qaida, its affiliates, it has some very important compo- formed services—something I think all and other violent extremist organiza- nents in it to continue to support the of us would agree is well-earned. That tions. The Armed Services Committee men and women who are serving, and is, by the way, also the President’s re- extended the Defense Department’s au- their families, and to provide them quest. It improves the quality of life thority to train and equip forces in with the equipment and training they for the men and women in the Active Yemen to counter al-Qaida in the Ara- need to defend this Nation. and Reserve components of the All-Vol- bian Peninsula and forces in east Afri- We are still in conflict in Afghani- unteer Force and helps to address the ca to counter al-Qaida affiliates and stan. We are on the brink of a crisis needs of the wounded servicemembers elements of al-Shabaab. with Iran over nuclear weapons. We and their families. To ensure proper stewardship of tax- have adjusted our presence in Asia in As we and our NATO partners reduce payer dollars and compliance with law response to the rising influence of operations in Afghanistan, the impor- and regulation, the bill promotes ag- China. The uprising in Syria threatens tance of transitioning responsibility to gressive and thorough oversight of the to spill over into neighboring coun- Afghan forces increases, as does the Department’s programs and activities. tries. And, of course, the situation in need to provide for the protection of This includes adding funding for the Egypt is clearly one of significant our deployed troops. This legislation Department of Defense inspector gen- question as to how the Egyptian Gov- provides our service men and women eral. The Department of Defense in- ernment and people will progress. with the resources, training, equip- spector general reviews resulted in an Some would argue that in many re- ment, and authorities they need to suc- estimated $2.6 billion in savings in spects the State of Israel is under more ceed in combat and stability oper- 2011—a return on investment of more threat than at any time since perhaps ations. It enhances the capability of than $8 for every $1 spent. The com- the 1973 war. So we live in a dangerous U.S. forces to support the Afghan Na- mittee mark also codifies the 2014 goal world. We live in a very uncertain tional Security Forces and Afghan for the Department of Defense to time. And it seems to me our priorities local police as they assume responsi- achieve an auditable statement of should be to bring the national defense bility for security throughout Afghani- budgetary resources. authorization bill to the floor. stan by the year 2014. Further, it improves the cost-effec- The bill received a unanimous vote in Weapons systems modernization is tiveness of DOD contracting by lim- committee by both Republicans and essential to the future viability of our iting the use of cost-type contracts for Democrats. I am proud of the relation- national security strategy, and this the production of major weapons sys- ship the chairman and I have developed legislation provides for substantial im- tems. In addition, the bill includes a over many years of working together. I provement of legacy ships, aircraft, series of wartime contracting provi- am confident that despite the fact and vehicles, while authorizing re- sions drawn from the McCaskill-Webb there will be hundreds of amendments search and development investments to bill implementing the recommenda- filed, we can work through those and ensure our troops remain the best tions of the Commission on Wartime work through the process, as we have equipped in the world. The bill author- Contracting. In that vein, the bill en- in the past, and bring the Defense au- izes the President’s request for missile hances protections for contractors that thorization bill to a conclusion and to defense and accelerates support for our blow the whistle on waste, fraud, and conference with the House and then allies, including the joint U.S.-Israeli abuse in defense contracts. signed by the President of the United cooperative missile defense programs, Finally, this legislation requires the States. We owe this to the men and such as the Arrow weapon system and Secretary of Defense to submit a de- women who are serving in the military. the David’s Sling short-range missile tailed report to Congress on the impact

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11211 budget sequestration will have on mili- eran Pedro Colon. He is one of the first Assistance Program—which is a joint tary readiness and national security. Mahoning County area veterans to be Department of Veterans Affairs and Similar legislative language has been approved for VRAP. Department of Labor training initia- passed twice by this body and by the VRAP is a particularly important tive—is so important. House of Representatives. The Con- program for veterans in this country. Last year Congress passed and Presi- gress does not yet have an accurate un- It stands for Veterans Retraining As- dent Obama signed into law the VOW derstanding of the implications of se- sistance Program. We just authorized to Hire Heroes Act, which honors our quester beyond an assertion that the it under the VOW to Hire Heroes Act. I government’s obligation to our vet- cuts would be ‘‘devastating,’’ which is am the first Ohio Senator ever to sit on erans. VRAP, a component of that law, the word used by Secretary of Defense the Veterans’ Committee for a full provides unemployed veterans between Leon Panetta and nearly every other term, and I take that responsibility se- the ages of 35 and 60 the opportunity to defense official we have queried. We riously. One of the outreach training pursue training for new careers in must have this information as we begin efforts put together by Senator MUR- high-demand occupations. the work of developing a balanced ap- RAY in the Veterans’ Committee is As of July 12, some 33,000 applica- proach to deficit reduction that re- VRAP. tions have been received nationally for places sequestration with a responsible Mr. Pedro Colon, Jr., is a high school the VRAP. The program was limited to plan for getting our Nation’s finances graduate in his early fifties. Even 99,000 participants through March 31, in order. though he served in an Army medical 2014. All of us must do everything we I want to repeat, Mr. President, that laboratory as a specialist, civilian em- can to spread the word to eligible vet- for 50 years, I am proud to say—and in ployers wouldn’t accept his military erans. The number was restricted to the years I have been in this, obvi- training experience. As the Presiding 99,000 and the expiration date was set ously—we have successfully authorized Officer knows, having such a huge mili- at March 31, in large part, so we could the programs and policies of the De- tary presence in her State, in many see how this program worked, we could partment of Defense. I am proud of cases employers are reluctant to hire measure it and we could reintroduce it what this committee has done. I am veterans. Perhaps they are afraid they and continue it, if it is as effective as proud of what the Senate has done. I haven’t been tested for PTSD or, for I and as most of us on the Veterans’ am proud of what the Congress has whatever reason, employers far too Committee think it will be. done and the Presidents these pieces of often seem reluctant to hire veterans. Tony Blankenship, another Ohioan legislation have come before for their We know the unemployment levels are from Martins Ferry in Belmont County signature. Let’s not allow the anticipa- higher among veterans than they are on the Ohio River in eastern Ohio, tion of an election to hinder our ability the rest of the population. We know across from Wheeling, WV, was an un- to act in the interests of the men and there is a particular problem for vet- employed iron worker and plans to women who are so bravely serving our erans who are a little bit older, who, as study at Belmont College for a career Nation. in the case of Mr. Colon, are middle- as a medical assistant. I hope the majority leader, in con- aged. We also know sometimes vet- There are hundreds of different kinds sultation with the Republican leader, erans, particularly if they came out of of jobs and tens of thousands of slots will come to an agreement so that we high school and went directly into for people to sign up. In my State, they can have a date certain. And I can as- service, might not know when leaving can go to the Veterans Service Com- sure the leadership on both sides that the service how to apply for a job, how mission. Ohio is one of those lucky Senator LEVIN and I will again be able to do a resume, all the things people States—not every State does this—that to expedite this process, allowing learn to do when they are stateside in has a Veterans Service Commission amendments and debate as they are the civilian workforce. funded by taxpayers in local commu- called for and at the same time come Because of VRAP, Mr. Colon will nities. Every county seat, I believe, has to a successful conclusion and make study at the Mahoning County Career a veterans service officer and a Vet- this the 51st year we have succeeded in and Technical Center, beginning in erans Service Commission, the chief doing what is necessary to fulfill our September, to train to become a med- function of which is to serve returning most solemn and important obligation, ical assistant—something he knows veterans with health care, education, which is to do everything within our something about from his military and a whole host of issues, such as job power to ensure the security of this service but was not certified and, un- training, for instance, that a veteran Nation. Mr. President, I suggest the absence fortunately, unemployable in that might deal with. of a quorum. field. So programs such as VOW to Hire a The PRESIDING OFFICER. The We have a responsibility to the Pedro Heroes Act and VRAP are not only clerk will call the roll. Colons of the world to do something about opportunities for veterans; they The assistant bill clerk proceeded to about these thousands of older vet- are about helping businesses strength- call the roll. erans who are jobless or unemployed. en our economy by meeting the de- Mr. BROWN of Ohio. Madam Presi- VRAP is for veterans 35 to 60. The GI mand for high-skilled workers. We are dent, I ask unanimous consent that the bill—which most of us in this Chamber seeing businesses leverage public and order for the quorum call be rescinded. supported earlier—helped those return- private resources to hire veterans and The PRESIDING OFFICER (Mrs. ing servicemembers a little bit younger expand operations. I met with veterans HAGAN). Without objection, it is so or- than 35, not as much as it should have and veterans advocates from Dayton dered. but in a significant way. But for many and Dublin to Mansfield, Chillicothe, VETERANS RETRAINING ASSISTANCE PROGRAM who, similar to Mr. Colon, are older Cleveland and Columbus and lots of Mr. BROWN of Ohio. Madam Presi- than that, the opportunity to benefit places around my State to talk to dent, I rise to address a problem facing from much of the GI bill has expired. them about how we can partner to help too many communities across the As we invest in our servicemembers businesses hire unemployed veterans. country, including small towns and big in times of war, we should do so when In North Canton I worked with the cities, suburbs and remote rural areas. they return to their communities, Chesapeake Energy Corporation to con- Servicemembers who have risked when they hang up their uniforms, and vene a job fair for Ohio veterans seek- their lives protecting our Nation when they embark in the next phase of ing employment as equipment opera- shouldn’t have to wonder whether they their lives. tors, truckdrivers, electronic techni- will be able to find a job when they We have a role to play, and this is a cians, and other high-demand careers, leave the service. Unfortunately, far case where government can step in and perhaps in the shale development in- too many do. help the private sector do what is right dustry. On Monday, I was in Youngstown in to serve those veterans who served us. In Cleveland State University’s northeast Ohio speaking to Army vet- That is why the Veterans Retraining SERV Program, staff discussed their

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11212 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 national model of helping servicemem- there are 99 other people who serve to solve this problem is to grow our bers and veterans transition to civilian here, they have a right to have their economy. If our economy grows, then life through education and workforce voice heard. Unfortunately some of the the debt becomes smaller as a percent- training. ideas we have offered will not get a age of our overall economy. Think of it At a roundtable I did on Veterans vote, and therefore we will not be able almost as a pie. If the pie gets bigger, Day at Cleveland State 4 or 5 years to move forward on that bill as a re- the slice gets smaller if you keep it ago, I talked to veterans and to school sult. One of the only things the minor- constant. It is the same thing with the administrators about the importance ity party can do in this process here in debt. If we can keep the debt constant of integrating service men and women the Senate to ensure our voices are and we can grow the economy, then our who have recently left the military heard is ensure we are not going to debt becomes less problematic. That is back into the classroom, thinking allow legislation to move forward un- the solution to this problem. about the 25-year-old young man or less the rights of the minority are re- As a point of emphasis, let me tell woman who had been in combat in Iraq spected because, after all, we represent you, let’s suppose we wanted to get sitting in class next to an 18-year-old Americans as well who have different back to what our debt was in 2007. We suburban young man or young woman ideas than the majority and have a want our debt to be what it was in 2007. who had no idea of the kind of life ex- right to have their voices heard. I hope In order to do that, we would have to periences the veteran, only 6 or 7 years we get back to a point where the Sen- come up with over $1 trillion this year older chronologically but much older ate works the way it was designed to to get us back to what our debt was as in what he or she had seen in combat. work—the Senate I ran to be a part of, a percentage back in 2007. It basically Cleveland State has figured this out, as not the Senate we are part of here means we would have to come up with has Youngstown State, and they have today. that permanently. The functional re- been national models for ways of inte- I do think what has been good about ality is that to do that we would either grating these service men and women this week is we have had a chance to have to double everybody’s taxes or we back into the classroom to be able to talk about the economy. I know people go out into the workforce. would have to cut close to a third of at home are hearing a lot about the our budget right now. In Columbus, where I held a field economy, about jobs and about the hearing on veterans unemployment in debt, so I am trying to make some The point is, we cannot tax our way December, the Solar by Soldiers Pro- sense of it for folks calling our office. out, cut our way out of this issue. Defi- gram is hiring veterans to install en- One of the best ways to do that is come nitely there have to be cuts. But we ergy technology. here on the floor of the Senate and be cannot cut our way out of this and we We need to spread the word about able to speak about these issues, not certainly cannot tax our way out of it. training programs, such as VRAP, that just to the people sitting here today If you double the tax rates in this will help provide our veterans with the but to the folks who are going to watch country, which is what you would have necessary skills to find good-paying back at home or later on on YouTube to do to get us back to 2007, No. 1, you jobs. It is part of our job to serve those or wherever this video might be avail- would trigger a massive recession. I who have served us so faithfully and so able to them. mean the economy would stop. But, well. What I want to talk a little bit about No. 2, it would be impossible to collect I suggest the absence of a quorum. it. It is unrealistic. The PRESIDING OFFICER. The today is the debt and what that means. I am citing those numbers to give an clerk will call the roll. What it basically means is the Govern- The assistant bill clerk proceeded to ment of the United States borrows example of why we cannot raise taxes. call the roll. money to pay for our costs because we We cannot tax our way out of this Mr. RUBIO. Madam President, I ask spend more money than we take in. problem and we cannot simply cut our unanimous consent the order for the The Federal Government, your govern- way out of it either. The only solution quorum call be rescinded. ment, spends more money every year is growth, dynamic growth—not slow The PRESIDING OFFICER. Without than it takes in in taxes and other fees. growth, big growth. That is the only objection, it is so ordered. The only way it can get the money to solution because if the economy grows, THE ECONOMY pay for these things is they have to more jobs are created. If more jobs are Mr. RUBIO. Madam President, it is borrow it by selling something called created, you have more taxpayers. If always good to see the gallery full, peo- bonds. They sell this debt that we have someone is unemployed right now, they ple in town visiting this process, this to pay back over the years. That is how are not paying income tax. Now they week in the Senate. We have actually we fund our Government. Unfortu- get a job or get a raise at their job. had a pretty interesting week. We have nately, almost a third is funded in that Even if the rates stay the same, they had a chance to talk about the econ- way. What has happened over the years are paying more taxes. Now the gov- omy and taxes, something I wish we is because we have spent consistently ernment has more money to pay down had spent more time talking about in more than we have taken in—that is the debt—if it doesn’t grow the govern- the months since I got elected last year called the deficit. Every year when you ment. And that has been the problem to the Senate. In a few moments, later spend more than what you take in, the over the last few years. Our revenue this afternoon we will have a vote on a annual amount you owe is called the has grown. The amount of money com- bill that has been called a tax cut bill. deficit, but it starts building up some- ing into the government has actually The problem with it—and I want people thing called the national debt. Today gone up. But the spending has gone up watching here who are maybe not fully we owe about just over $15 trillion of even more and that is why the deficit familiar with the process, a process I money that we are going to have to grows and why the debt grows. That is am still learning, to understand—what pay back. Let me correct that—that how growth would solve this problem. is going to happen is Republicans had a you are going to have to pay back If the economy grows, more people bunch of ideas we wanted included. We through your taxes now and in the fu- have jobs and they get raises at their probably were not going to win those ture. In fact, your great-grandchildren jobs. That means people get more votes. We are not the majority. But we are going to have to pay it back. That money which leads to more growth be- wanted those ideas to be discussed, and is the national debt. The problem with cause they spend that money and in- instead we have been told that cannot the national debt is it has become an vest that money, but it also means happen, that the majority is going to enormous part of our national econ- they are generating more, but for gov- pick which of our ideas they want to omy. It has grown to a very dangerous ernment, and now the government has listen to and the others will be put level as a percentage of our overall more to pay down the debt and they aside. economy. have to borrow less. So that is the so- The problem with that is the people What is the way to solve it? The only lution. Growth is the solution, growing of Florida sent me here and, just like way to solve it is growth. The only way the economy.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11213 How do we grow the economy faster? ment rate. I should have brought the like this before. Let me tell you when The economy grows because of the pri- chart I have that shows that every they were: the Revolutionary War, the vate sector, that is how. Real growth time government size and spending go Civil War, World War I, and World War comes from businesses, it comes from up, the unemployment rate goes up. II. During those four periods, govern- private sector growth, from small busi- Why? For the reasons I just explained. ment spending grew really fast. But nesses and from big businesses, from That money the government used to here is the difference: When the war dry cleaners, from gas stations, from grow came out of the private sector. was over, the war was over. The war convenience stores, from the guy who That is money businesses now don’t happened, we won World War II, and cuts your yard and your lawn—that is have to invest or spend. things went back to normal. The dif- growth, private sector growth. Let me talk about another place ference now is that this is not because Here is the truth. If you look at the where it hurts. The higher the govern- of a war, this is because we have grown statistics, it is undeniable. The bigger ment, the worse the stock market does. the government. This is permanent. the government the smaller the private Why is that? I will explain why. People That is the difference between the sector—because there is only so much buy stock on the hope that they can spike in spending and the other spend- money in the world. And the only place make a profit on that stock in the fu- ing in the past. This spike in spending government gets its money is either it ture. The problem is that the more the is permanent. That means it is here to has to tax or borrow it from the pri- government spends, the higher the stay unless we change. There is no vate sector. That is—unless it is going taxes will have to be in the future to going back to normal. to print more money which has a whole pay for that. So if people think taxes in We have a serious problem, and I other set of problems we will talk the future are going to be higher and have explained why the debt hurts ev- about 1 day—the only way your govern- therefore their chances for making eryone at home. If you are unem- ment can get more money to grow, if it money on stock are going to be less, ployed, if you are underemployed, if takes it from you, from the private sec- they are not going to buy stock. you are working twice as hard and tor. It either has to tax you or it has to Here is the problem. When people buy making half as much, the debt is part borrow the money from you. Either shares of stock, what they are basi- of the problem because the government way, it is money that the government cally doing is investing money in com- has taken money out of the private has to take out of the private world to panies. They are investing money in sector. It is money that used to go to grow the government. companies so that the company can you and is now going to the govern- Here is what happens when you take grow and make more money, and then ment now and in the future. So the money out of the private world. That the company pays back a profit. But if debt is part of the reason why the econ- money is no longer available to save, people are no longer willing to invest omy is not growing and why jobs are because if you save it you are putting money in companies, those companies not being created. At the end of the day, we cannot tax it in a bank and the bank can now use cannot grow. If those companies can- and simply cut our way out of this. Let that money to give you a mortgage. Or not grow, that is where people become me be clear. There are places to save that is money you no longer have to unemployed, that is where people’s money. I promise, the Federal Govern- spend, which means businesses have hours get cut, and that is where new ment wastes money. We should find fewer customers and the customers jobs are not created. It is also why kids that, and we should eliminate it. It is they do have are spending less money. who are graduating from college can’t Let me tell you the functional appli- never a good idea to waste money. But find a job. The money has to come from we can’t just cut our way out, and we cation of that. If you are a waiter or somewhere, and the bigger the govern- certainly can’t tax our way out of this waitress at a restaurant and people are ment, the less that is available in the debt problem. We have to grow our way not spending as much because they do private sector to grow. These are facts. out of this debt problem. We have to not have the money, they are spending Now, what are the arguments around grow our economy out of it, not our it in taxes, this means they are going here? Well, the Bush tax cuts are the government out of it. The only way to to restaurants less, which means you existing Tax Code. The Bush tax cuts grow our economy is for the private are going to make less money in both led to this debt. Well, George Bush cut sector to grow, but the evidence is tips and wages. It may even mean your taxes, and as result the government clear that the bigger the government, hours get cut. Millions of Americans didn’t generate enough money, and the smaller the private sector. So know this reality. This is not a theory, that is why we have this debt. therein lies the answer. this is a reality. If people have less That is false. Our government has When we talk about holding constant money to spend, they cannot spend it grown impressively over the last dec- and lowering the size of government, it at the place where you work, and if ade. The problem is that the amount of is not some ideological talking point. they do not have the money to spend at money we spent has grown even faster. This is not some conservative-versus- the place where you work, you will Listen, it doesn’t matter if you get a liberal talking point. This is evidence- make less money, you will work less raise. If you get a raise but your spend- based. This a fact, and the statistics hours, and you may even lose your job. ing grows by even more, you are not are clear that the bigger the govern- The other thing the private sector going to notice the difference. If you ment, the higher the unemployment can do with this money is invest it, and get a $10,000 raise but you buy some- rate. The bigger the government, the that is when you get growth in the thing that costs $20,000 more than what worse the stock market performs. The economy. When a business or business you are spending now, you are going to bigger the government, the less money man or woman makes some money and owe more money. That is what we have there is available to create jobs in the they take the money and decide, you done here in Washington—certainly be- private sector, start new businesses, or know what I am going to do this with fore I got here. grow existing businesses. That is why money? I am going to use it to grow By the way, both parties are to we have to shrink the size of our gov- my business or I am going to use it to blame. Unfortunately, this is a bipar- ernment. The sooner we do it, the bet- start a new business. The problem is, if tisan debt, and what has happened is ter we are going to be, and that is what government takes some of this money that even though the government has I hope we will work on here in a bipar- from them, they can’t do that. That is generated more money, it has spent tisan fashion. Both parties helped to why the bigger the government, the even more. So it is not the Bush tax create this situation, and now I hope smaller the private sector, and the cuts. That is just not true. both parties will help to work to solve smaller the private sector, the smaller The fact is we have a spending prob- it. the growth, which is our only solution. lem. Let me explain what is so dan- I yield the floor and suggest the ab- That is not a theory, that is a reality. gerous about this spending problem. sence of a quorum. Statistics prove that the bigger the The Federal Government has grown The PRESIDING OFFICER. The government, the higher the unemploy- fast in the past. We have had periods clerk will call the roll.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11214 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 The legislative clerk called the roll. Reid amendment No. 2527 (to (the instruc- able—and I hope to everybody it would The PRESIDING OFFICER. The ma- tions) amendment No. 2526), of a perfecting be unacceptable. jority leader is recognized. nature. As appalling as this reported action Mr. REID. Madam President, I ask Reid amendment No. 2528 (to amendment was, what followed was even worse. Ms. No. 2527), of a perfecting nature. unanimous consent that the order for Hranitzky tried to kick the reporter the quorum call be rescinded. Mr. REID. I suggest the absence of a out of an open meeting because he The PRESIDING OFFICER. Without quorum and ask unanimous consent questioned her. She relented after he objection, it is so ordered. that the time be charged equally said—regrettably but understandably, against the proponents and opponents. f in my view—that he would not quote The PRESIDING OFFICER. Without her. SMALL BUSINESS JOBS AND TAX objection, it is so ordered. Then the Justice Department attor- RELIEF ACT The clerk will call the roll. ney totally abused her power, accord- The legislative clerk proceeded to Mr. REID. Madam President, I ask ing to press reports. She told the re- call the roll. porter she could have the Justice De- unanimous consent that the Senate Mr. GRASSLEY. Madam President, I partment call the newspaper’s pub- now resume consideration of S. 2237, ask unanimous consent that the order lishers or editors and say something the Small Business Jobs and Tax Relief for the quorum call be rescinded. such as this: You don’t want to get on Act; that the time until 2 p.m. be The PRESIDING OFFICER. Without the Department of Justice’s bad side. equally divided between the two lead- objection, it is so ordered. ers or their designees; that at 2 p.m. That statement represents a raw TRANSPARENCY IN GOVERNMENT the Senate proceed to a vote in rela- abuse of power. Mr. GRASSLEY. Madam President, tion to amendment No. 2524; that im- We expect the Justice Department to President Obama and his administra- mediately following the disposition of investigate law-breaking and pursue tion claim to be open and above board amendment No. 2524, the Senate pro- appropriate cases without regard to in their actions. As recently as July 1, ceed to vote on the motion to invoke politics. Threatening to use the power the White House Chief of Staff, Jack cloture on the substitute amendment to bring a criminal case or civil action Lew, told a television audience: No. 2521; that if cloture is not invoked against any entity because it had the on the substitute amendment, the Sen- This administration has been the most temerity to insist that the Department transparent administration ever. ate then proceed to vote on the motion of Justice obey the first amendment is to invoke cloture on S. 2237; that if clo- So I come to the floor now to say outrageous. ture is invoked on the substitute that is simply not the case, and I am The newspaper has protested to the amendment, all postcloture time be going to highlight an outstanding ex- Justice Department and has not, to my yielded back, the substitute amend- ample of how it is not the case. knowledge, received any response. The ment be agreed to, and the Senate pro- Last month, an attorney with the De- Department’s public comment on the ceed to vote on the motion to invoke partment of Justice from the Civil incident does not deny that any of the cloture on S. 2237; that if cloture is in- Rights Division attended a public reported statements were made. voked on the bill, all postcloture time meeting in Louisiana—a public meet- That the Civil Rights Division and be yielded back and the Senate proceed ing in her official capacity. Before the the Department of Justice have not to vote on passage of the bill, as meeting began, this attorney, Rachel committed to allowing the press to amended, if amended; that if cloture is Hranitzky, reportedly asked whether quote its attorneys at public meetings not invoked on S. 2237, the bill be re- any representatives of the media were a month after one of its attorneys has turned to the calendar; further, that present at this meeting. A reporter claimed that it is the Department’s there be no other amendments or mo- from the Daily Iberian identified him- policy not to permit such reporting is tions in order to the amendments or self. This Justice Department attorney completely unacceptable. It leads one the bill prior to the votes other than then announced: ‘‘You can quote those to ask: What does the Civil Rights Di- motions to waive or motions to table; who speak, but you can’t quote me.’’ vision wish to hide? that there be 2 minutes equally divided On what basis does the Justice De- I have received many complaints between the votes and all after the partment presume to tell a reporter concerning the enforcement actions of first vote be 10-minute votes; and fi- who can be quoted at a public meeting? the Civil Rights Division. When the di- nally, that the Senate then resume the The reporter had the same question. It vision’s attorneys will not allow them- motion to proceed to Calendar No. 446, has been reported that he asked her to selves to be quoted, we can only con- S. 3369. cite legal authority which would sup- clude that they are saying things about The PRESIDING OFFICER. Is there port her claim that he could not quote enforcing the law that the American objection? a Justice Department attorney at a people would never accept. Without objection, it is so ordered. public meeting. Ms. Hranitzky provided There are no statutes that deny the The clerk will report. no such law. She did say the Justice media the right to quote statements of The legislative clerk read as follows: Department has special rules on how Justice Department officials that are its attorneys can be quoted. She did made at public meetings. If there were, A bill (S. 2237) to provide a temporary in- not back up that statement, however. come tax credit for increased payroll and ex- they would violate the first amend- tend bonus depreciation for an additional So here is a public meeting anyone ment’s protection of freedom of speech year, and for other purposes. could attend and hear a lawyer from as well as protection of freedom of the Pending: their government speak on civil rights press. There should be no Justice De- enforcement. Yet a representative of partment policies to that effect either, Reid (for Landrieu) amendment No. 2521, in that government claimed that it was the nature of a substitute. and for the very same reason. Reid amendment No. 2522 (to amendment the policy of the Justice Department This administration says it is trans- No. 2521), to change the enactment date. that the press would have fewer rights parent. It wants people to believe that, Reid amendment No. 2523 (to amendment than the general public to quote what but then it wants to prevent the press No. 2522), of a perfecting nature. that government representative said at from reporting what it says in public. Reid amendment No. 2524 (to the language that public meeting. This undercuts To carry out that plan, it threatens proposed to be stricken by amendment No. the claim that ‘‘[t]his Administration those reporters with a politically moti- 2521), of a perfecting nature. has been the most transparent admin- vated legal action. That is thuggish, Reid amendment No. 2525 (to amendment istration ever,’’ going back to the not transparent. No. 2524), to change the enactment date. Reid motion to commit the bill to the quote of the Chief of Staff. To the extent the Department has a Committee on Finance, with instructions, This refusal to allow the public to policy of preventing the press from Reid amendment No. 2526, to change the en- know how government officials are per- quoting the statements of its attorneys actment date. forming their job is totally unaccept- at public meetings, that policy should

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11215 be reversed immediately to comply racy. The Federal Government needs to are many of us with ideas about things with the first amendment. Whether it be responsive to the needs of our small that we think would promote economic has a policy or not, the attorney who businesses. growth and create jobs in our economy, claimed that such a policy existed and In February, I introduced the Small but we are not going to have the oppor- tried to expel the reporter from a pub- Business Common Application Act, tunity to offer those amendments. lic meeting because he might quote which would establish a common appli- Frankly, a tax debate is something her, and threatened the reporter for cation that allows small business own- that many of us welcome. We think getting on the Department of Justice’s ers to apply for grants, seek technical that talking about taxes is certainly bad side, should be appropriately dis- assistance, and bid on contracts from something that, if you are someone ciplined. the Federal Government with a single who is concerned about the economy, if I suggest the absence of a quorum. form. It would function much like the you are someone who is concerned The PRESIDING OFFICER. The common application students use about getting Americans back to work, clerk will call the roll. today to apply to multiple colleges and certainly talking about the Tax Code The legislative clerk proceeded to universities. and its impact on our economy is a call the roll. Senator LANDRIEU’s amendment very relevant debate. Frankly, we Mrs. HAGAN. Madam President, I would put us on the path toward cre- ought to be headed toward a reform of ask unanimous consent that the order ating a common application by estab- our Tax Code which today is way too for the quorum call be rescinded. lishing an interagency executive com- complicated and, frankly, it needs to The PRESIDING OFFICER (Mrs. mittee with representatives from 12 be overhauled. MCCASKILL). Without objection, it is so different agencies and departments But in the interim, we have coming ordered. that will report back to Congress and up now on January 1 of next year a Mrs. HAGAN. Madam President, I the SBA within 270 days on whether a bunch of tax provisions, current tax rise today to speak in support of the common application is feasible. policy, that expires. In anticipation of Small Business Tax Cut and Job Cre- This is a commonsense bill that I be- that, we have a lot of businesses that ation Act. lieve both sides of the aisle can agree are very concerned. There is uncer- Families throughout North Carolina to to cut the paperwork burden on our tainty out there among job creators in are facing a difficult economy right small business owners. our economy about what is going to now. I have said repeatedly that the I ask unanimous consent that all happen on January 1, and is Congress people of our State cannot wait until time spent in quorum calls be equally going to act to put off these tax in- after the election for Congress to work divided. creases that will occur on January 1 or on solutions to speed up our economic The PRESIDING OFFICER. Without are they going to allow them go into recovery. That is why I am pleased the objection, it is so ordered. effect, in which case many businesses Senate has agreed to consider this I suggest the absence of a quorum. would be dramatically impacted by small business legislation. The PRESIDING OFFICER. The having higher tax burdens, making it This is a bill that will help North clerk will call the roll. more difficult for them to create jobs. Carolinians get back to work this year The bill clerk proceeded to call the I do not think there is anybody out in industries such as health care, fi- roll. there, those who study economics, even nance, construction, manufacturing, Mr. THUNE. Madam President, I ask those of us who do not, just as a matter and retail. unanimous consent that the order for of common sense, on a very practical This legislation supports businesses the quorum call be rescinded. level, who would think that raising that expand payroll or invest in new The PRESIDING OFFICER. Without taxes on people who create jobs, on equipment, and there are estimates objection, it is so ordered. small businesses, would be something that it will put 27,000 unemployed peo- Mr. THUNE. Madam President, be- that would be good in an economy that ple in my State back to work. It does fore too long here we are going to be you are trying to get back on its feet, this by creating an incentive for North voting. We are going to have three trying to get to recover. Carolina small businesses to add new votes, I think, on whether we are going In fact, the President of the United jobs in 2012 by giving businesses a 10- to move forward on a tax bill. I frankly States in 2010 said it would be a blow to percent income tax credit on new pay- think there are things in the under- our economy if tax rates went up on roll. lying bill that is before us today that small businesses. Well, that was back And it encourages businesses to would do some good. The bonus depre- at a time when economic growth was a make new investment by extending the ciation provision is something many of little over 3 percent. Here we are 2 100-percent business deduction on us have supported in the past. We years later. Economic growth is much qualified property. Providing real tax think that is good tax policy with re- slower. We are growing at a more slug- relief that lowers the cost of doing gard to encouraging small businesses gish rate, about 2 percent. There is a business should be a bipartisan idea to invest, by giving them a quicker concern that even that is going to slow and it is one I will support. way to write off those capital invest- down as we approach the end of the I also want to express my deep appre- ments. So there are some things in the year. ciation to the Small Business Com- underlying bill that make some sense. And yet we have this threat hanging mittee chair, Senator LANDRIEU, for in- But the whole exercise we are going out there on the horizon, looming, of cluding a proposal of mine in her SUC- through here is a charade for a couple higher taxes on small businesses, the CESS Act amendment. This amend- of reasons. One, you cannot originate very people we rely upon to get Ameri- ment would put us on the path to es- revenue measures in the Senate. That cans back to work, to create jobs, and tablishing a common application for is something that has to happen in the to get this economy growing again. small businesses to apply for Federal House of Representatives. So anything What we ought to be thinking about assistance across agencies, across de- that comes out of here, if it were to is what can we do to promote economic partments, and programs with a single pass, would be blue-slipped by the growth. We ought to be thinking about application. House of Representatives. You have a what are those tax policies we can put Frequently I hear from small busi- constitutional issue to deal with here in place. I hope that will be the purpose ness owners who tell me that govern- in the first place. of tax reform when we get there. I hope ment redtape is preventing them from Secondly, you have a procedure, a that is soon as well. As I said before, I growing their businesses and creating process set up whereby there is not an think tax reform is critical if we are jobs. We need to slim down this bureau- opportunity for us to offer amend- going to see economic growth and if we cratic redtape. I believe our small busi- ments. We put a tax bill on the floor, a are going to do away with the complex ness should not have to be responsive piece of legislation, a vehicle that Tax Code we have today and replace it to the whims of the Federal bureauc- ought to be open to amendment. There with something that makes much more

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11216 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 sense, it is more clear, more simple, you are hitting 1 million—almost 1 business, make it more difficult and more fair for American businesses and million, I should say—of those small expensive to create jobs in this coun- people across this country who are fil- businesses that are going to be faced try—rather than looking at what we ing their tax returns every year. with higher tax burdens and higher tax can do to make it less expensive and But we ought to be looking at what liabilities. That to me is completely less difficult to create jobs. can we do to promote economic counterintuitive to what we ought to Regarding the health care bill, we growth. All of our tax policy ought to be thinking if we are interested in get- talked about the individual mandate be oriented around getting this econ- ting the economy growing again. We and who is impacted. By the way, ac- omy growing and expanding again, be- should not be making it more difficult, cording to the Joint Committee on cause in so many ways that helps ad- more expensive for small businesses to Taxation, 77 percent of the people who dress many of the other problems we create jobs, we ought to be looking at would be impacted by the individual are confronting. We have this huge out- what we can do to lessen the burden on mandate tax are people who make less of-control debt problem. Obviously it our small businesses and to keep that than $120,000 a year. The President needs to be addressed through spending tax burden, that regulatory burden, at promised, when he was running for of- reductions, trying to make government a level that does not create impedi- fice, he would not raise taxes on any- more efficient, smaller, more limited, ments and barriers to them going out body who makes less than $250,000 a rather than the government we have and investing and creating jobs. year. Clearly, one of the many broken seen here the last few years that con- The President’s proposal is exactly promises in the health care bill was the tinues to grow as a percentage of our the opposite of what we should be individual mandate and its impact on economy. The government as a per- doing. And 53 percent of the income I the very people on whom he said he centage of our economy today is at the mentioned—these companies that are would not raise taxes—middle-income highest level we have seen literally organized, small businesses as S cor- Americans who make less than $120,000 since the end of World War II. We are porations, LLCs—53 percent of that in- a year. According to the Joint Com- at about—24 or 25 percent of our entire come would be faced with a higher tax mittee on Taxation, 77 percent of those GDP now is represented by Federal burden come January 1 unless we take people would see higher taxes. spending. So we have got to get govern- steps to avert it. What the President It is a significant amount of tax, $54 ment under control, which means we proposed essentially was allowing taxes billion over the next 10 years. If you have got to address some of the drivers to go up on those very small busi- think about the amount of revenue of Federal spending, including Medi- nesses. raised by the individual mandate tax, care, Medicaid, Social Security. That So I hope not only will we turn down it is actually more in revenue than means these entitlement programs so the President’s proposal, but that we would have been raised by the so-called many people rely upon, in order to save will be thinking about what we can be Buffet tax designed to get millionaires them, have to be reformed. If we are doing to simplify the Tax Code, that in this country to pay more in taxes. going to get them on a sustainable fis- would lower rates businesses in this So we are levying a tax on middle-in- cal path, if we are going to make sure country pay, and provide incentives for come Americans that actually is going they are there for future generations, them to get people back to work. to exceed in revenue the amount raised we have got to reform our entitlement Again, by that I mean policies that by the so-called tax on millionaires. It programs and get the government promote economic growth. is ironic, but that is exactly what the spending back at a more reasonable There are so many things we ought ObamaCare bill will do. level, more consistent with what we to be doing that we are not doing now In addition to that there are a series have seen historically, which is about that I think would provide the nec- of other taxes that are imposed on peo- 20 to 21 percent of our entire economy. essary policies to encourage and enable ple across this country. Many of them So it starts there. But then you have small businesses to grow their busi- strike at middle-income Americans. to couple the reductions in government ness, make those investments, and put There are about $250 billion in taxes spending with economic growth. The people back to work. There are a num- that are imposed on our economy that way ultimately that we get to where ber of things that our small businesses will be passed on, in many cases, to we need to be as a Nation is we have to face that are not directly related to the consumers, and the impact is to raise get the economy growing and expand- Tax Code but indirectly related: regu- the cost of health care. Taxes on health ing again. It is counterintuitive to me latory burdens and more agencies insurance plans, taxes on pharma- and to most Americans, I think, to sug- spending time on more regulations ceuticals, taxes on medical devices, gest that the way to do that would be making it difficult and more expensive self-insured health plans—a whole to raise taxes on the very people you to create jobs. range of taxes that are included in the are looking to to create jobs and to Regulatory reform ought to be part ObamaCare legislation, are going to hit grow this economy. Those are our of an agenda here. If we are serious middle-income Americans squarely in small businesses. So when the Presi- about policies that will grow the econ- the face. Not only do we have the indi- dent came out earlier this week and omy, we ought to deal with the over- vidual mandate tax but all these others suggested we ought to allow the tax reaching regulations that create exces- that are included in the ObamaCare rates to expire for people who make sive burdens for the small businesses legislation that will hit working people more than $250,000, what he was talking and couple that with tax reform. across this country. about, according to the Joint Com- One of the burdens we have placed on Look at all the burdens associated mittee on Taxation, was almost 1 mil- small businesses of late is the with those taxes and the regulations lion small businesses, almost 1 million ObamaCare legislation we passed a few that are coming out of many of the small businesses, if we do not take years ago. There has been some debate agencies in our government now, and steps to avert it on January 1. They are about the question of whether the indi- all you see, if you are a small business, going to see their taxes go up. Those vidual mandate is a penalty or a tax. is a higher cost of doing business, more small businesses I am referring to em- We know one thing: It is a cost that uncertainty about what is going to ploy 25 percent of the American work- will be borne by a lot of people across happen in the future, and it is just that force. Most of them are small busi- this country. We also have the man- much more difficult when it comes to nesses organized as subchapter S cor- date or requirements imposed upon making determinations about growing porations, LLCs, which means their in- small business—employer mandates your business or starting a new busi- come flows through to their individual that will increase the cost of our small ness and creating the jobs that are so tax returns and they pay at the indi- businesses—the cost of doing business important to our economy. vidual rate level. for them out there. When we talk about the economic So as a consequence, when you start All of these things that have been circumstances that we are in today, ev- raising taxes for people above $250,000, put in place drive up the cost of doing erybody focuses on the unemployment

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11217 rate, of course. We have now had more to businesses. The issue of regulations than 500 people. The 20-percent deduc- than 8 percent unemployment for 41 is so important to businesses. Those tion is calculated on U.S. source busi- straight months. We have 23 million are things, if we are serious about an ness income and is limited to 50 per- Americans who are either jobless or agenda to get Americans back to work, cent of the W–2 wages paid. In other underemployed in our economy. And we ought to be focused on. words, the business must be paying at 5.4 million Americans have been unem- That is why we ought to be repealing least twice the amount of the deduc- ployed for a long period of time. We ObamaCare. That $248 billion in taxes— tion in wages. In addition, taxpayers have the weakest recovery, literally, that is not the total amount of taxes; cannot get both this deduction and the since the end of World War II. it is over $500 billion in taxes that will 90-percent manufacturing deduction; Yet what is the prescription that the be imposed as a result of ObamaCare. the main point being this Cantor bill is President and many of his allies in These are the taxes that hit middle-in- a gross giveaway. It gives businesses a Congress have for that? Higher taxes. come Americans, according to the 20-percent deduction for simply earning It is higher taxes on the people who Joint Economic Committee. Not only income. They do not have to do any- create jobs. Can you think of anything do we have the $248 billion or $250 bil- thing, just earn income and get a 20- that makes less sense if you are really lion that hits middle-income Ameri- percent deduction. interested in economic growth and cre- cans, we have an additional 3.8 percent The amendment allows businesses to ating jobs? That is absolutely the oppo- tax on unearned income that would hit avoid paying taxes on about one-fifth site of what we ought to be doing. We high-end earners, as well as a new of their profits as long as they employ should not be raising taxes on those 1 Medicare tax on high-end earners. We fewer than 500 people. That is virtually million small businesses—subjecting have so many taxes coming at this 99 percent of all American companies. them and the 25 percent of the work- economy now it is hard to fathom. Worse still, it provides a temporary re- force who work for them to the possi- That should not be complicated by duced tax rate. This would incentivize bility that there will be higher taxes. doubling down with our small busi- Their jobs can be in jeopardy. businesses to defer making invest- nesses and essentially telling them ments, hiring new employees or in- We ought to look for ways to provide that come January they are going to certainty, and we should extend the ex- creasing wages in order to increase see their rates go up. For the people profits. That is because the larger the isting rates so small businesses out paying the 35-percent rate today, it there trying to make decisions about profits, the larger the tax deduction would go up to 39.6 percent. Capital under this bill. what they are going to do in the future gains will go up from 15 to 20 percent. Rather than creating jobs or invest- can know for sure what the rules are, Dividend rates are going up from 15 to ing in business, the Cantor bill but, more importantly, also know that 39.6 percent. This is a very real issue, a incentivizes the opposite. It their taxes will not go up on January 1. real-time issue. It is having an impact There is a Congressional Budget Of- incentivizes businesses to sit and wait on the economy today. We should do fice analysis out there which suggests rather than to invest in people or everything we can to avoid that. that come January 1, when we hit the I hope when we are through with equipment. It does not make any sense so-called fiscal cliff, which includes the what is a charade, and we have the to spend $46 billion for only 1 year of increase in the tax rates as well as the votes on this bill—which, as I said, be- the provision, as proposed in this bill. sequester on spending that was put cause the revenue measures don’t origi- This is a giveaway, frankly, to al- into place as part of the Budget Con- nate in the Senate; they originate in most all companies—99.6 percent of the trol Act, that if nothing is done to the House, they would be blue-slipped companies in the United States—to avert that fiscal cliff, in the first 6 if it passed here because this is a proc- hedge funds, to partnerships, and pri- months of next year we will see up to ess where Republicans are not allowed vate equity firms. Almost all employ 1.3 percent less economic growth. But to offer amendments. This is a tax ve- fewer than 500 employees. It is abso- just as important, not only is that a hicle on the Senate floor. But in the lutely the wrong policy for this Nation factor we deal with next year, it is also to adopt. something that impacts us right now, terms we use in the Senate, the major- today, because the CBO also found it ity leader has ‘‘filled the amendment I move to table the amendment, and could cost a half point of economic tree,’’ making it virtually impossible I ask for the yeas and nays. growth this year, right now. It is be- for Republicans to offer amendments The PRESIDING OFFICER (Mr. cause of this uncertainty, because of that we would like to see debated and SANDERS). Under the previous order, the specter of tax rates going up on voted on. the question is on agreeing to amend- small businesses come January 1 of When this charade is completed, I ment No. 2524. next year. hope the majority leader will decide we A motion to table has been made. Is What we ought to be doing instead of need to have a debate about taxes and there a sufficient second? talking about what we are going to do what we can do to promote economic growth, a debate on whether we are There appears to be a sufficient sec- or raising taxes on small businesses in ond. this economy is looking to extend the going to extend the rates that will ex- The clerk will call the roll. rates that exist today so those rates pire January 1, meaning higher taxes don’t go up, giving businesses cer- for nearly 1 million small businesses to The assistant bill clerk called the tainty, and then following up on that whom we are looking to get us out of roll. next year with tax reform which broad- this recession and get Americans back Mr. DURBIN. I announce that the ens the tax base, lowers rates, gets us to work. I hope that will be the debate Senator from New Mexico (Mr. UDALL) more competitive in the global mar- and vote we will ultimately have when is necessarily absent. ketplace, and is more clear, more sim- this particular political exercise is I further announce that, if present ple and fair for American businesses. completed today. and voting, the Senator from New Mex- I yield the floor. Until that happens, the very worst ico (Mr. UDALL) would vote ‘‘aye.’’ The PRESIDING OFFICER. The Sen- we could be doing now, in my opinion, Mr. KYL. The following Senators are is raising taxes, for all of the reasons I ator from Montana. necessarily absent: the Senator from just mentioned. It creates uncertainty, AMENDMENT NO. 2524 Illinois (Mr. KIRK) and the Senator obviously, and raises the cost of doing Mr. BAUCUS. Madam President, I from Kansas (Mr. MORAN). business in this country. It hits the would like to say a few words about the very people we are hoping are going to next vote, which is the Cantor amend- The PRESIDING OFFICER. Are there lead us out of this economic malaise we ment. any other Senators in the Chamber de- are in today. The Cantor amendment, just to re- siring to vote? Again, I also say with regard to this view, would give a 20-percent deduction The result was announced—yeas 73, issue, the issue of taxes is so important to all businesses that employ fewer nays 24, as follows:

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11218 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 [Rollcall Vote No. 175 Leg.] Mr. REID. Mr. President, this is a re- I stand here in recognition of Senator YEAS—73 markable accomplishment. I hope I do COLLINS because her 5,000 votes have Akaka Enzi Murray not get her into trouble with her col- stood not only for the people of Maine, Alexander Feinstein Nelson (NE) leagues, but I truly like her. I appre- but for our great Nation. She has stood Ayotte Franken Nelson (FL) ciate her capability to work with us, for science, innovation and research, Barrasso Gillibrand Portman Baucus Graham Pryor work with everybody. She is somebody women’s equality and veterans. Her Begich Hagan Reed whom we never have to guess where voice and her votes have shaped and Bennet Harkin Reid she stands on an issue and I admire and will continue to shape our Nation. Bingaman Inouye Risch Blumenthal Johanns appreciate her so much for that. I have Let me tell you a little bit about Rockefeller Boxer Johnson (SD) worked with her on issues going back what her votes have accomplished. Rubio Brown (OH) Johnson (WI) Sanders for many years and I again say I appre- Senator COLLINS is a fighter for fund- Cantwell Kerry ciate what she has done. ing for science, innovation and re- Cardin Klobuchar Schumer Carper Kohl Sessions She has great genes. Her mother and search. Together we cosponsored the Casey Landrieu Shaheen father each served as mayor of a small Spending Reductions through Innova- Chambliss Lautenberg Stabenow town in Maine, a place called Caribou. tions in Therapies (SPRINT) Act which Coats Leahy Tester Coburn Levin Thune I don’t have fond memories of Caribou would spur improvement in research Conrad Lieberman Toomey because in my, I think, 1998 race, there and drug development for chronic Coons Manchin Udall (CO) was a great mailing we did. One of my health conditions such as Alzheimer’s. Corker McCaskill Warner consultants from—not from Nevada, When I reach across the aisle, I know Cornyn Menendez Webb Senator COLLINS is there to find a sen- Crapo Merkley Whitehouse that is for sure—instead of having deer, DeMint Mikulski Wyden they had caribou on my campaign lit- sible center that will be good for Amer- Durbin Murkowski erature. It took me a while to figure ica. NAYS—24 that one out. I am sure the town of Her leadership has extended beyond Blunt Heller McCain Caribou was bigger than my hometown, her bipartisan efforts. She continues to Boozman Hoeven McConnell Searchlight. serve as a role model for young women Brown (MA) Hutchison Paul Her family ran a lumber business. nationwide. As a fellow Girl Scout, we Burr Inhofe Roberts Cochran Isakson Shelby Her father was also a State senator. both learned that determination, prin- Collins Kyl Snowe I am confident SUSAN has learned to ciples and respect for others are the Grassley Lee Vitter be the Senator she is because of Bill foundation for a productive future. We Hatch Lugar Wicker Cohen. I had the pleasure of serving designated 2012 the ‘‘Year of the Girl,’’ NOT VOTING—3 with him. He is a good man—from in support of Girl Scouts and the orga- Kirk Moran Udall (NM) Maine. I served as a junior Member nization’s lasting lessons. The motion was agreed to. when he was chairman of the Aging Today we celebrate Senator COLLINS’ The PRESIDING OFFICER. The ma- Committee and he was such a wonder- record of integrity, unsurpassed work jority leader is recognized. ful man. I still talk to Bill Cohen. She ethic, and a steadfast commitment to Mr. REID. Mr. President, I yield to has many of his traits. As we know, she the people of Maine. Her voting record my distinguished colleague. Mr. worked for him. He has been a great is exemplary of the fact that we are MCCONNELL. Secretary of Defense. He has just been continuing to crack the marble ceiling. The PRESIDING OFFICER. The Re- a good person, and I am confident her Not only are women getting elected to publican leader. ability to be the legislator she is, a lot the Senate, we are raising hell, holding SENATOR COLLINS’ 5,000TH CONSECUTIVE of it is attributed to him. powerful leadership positions and tak- ROLLCALL VOTE She has always been known for her ing on America’s biggest issues. Mr. MCCONNELL. Mr. President, the ability to compromise. Legislation is She is a valued Member, colleague Senator from Maine, Ms. COLLINS, has the art of compromise, and she works and dear friend. Congratulations Sen- just passed an important milestone, with all Members. ator COLLINS on your 5,000th vote and her 5,000th consecutive rollcall vote, a I think the tone she has set working your extraordinary commitment to the tenacious accomplishment indeed that with JOE LIEBERMAN is magnificent. people of Maine and our great Nation. represents the work ethic and dedica- They have run that committee with Mr. DURBIN. Mr. President, I am de- tion Senator COLLINS has for the people dignity and on a totally bipartisan lighted to add my voice to this chorus of Maine and for the Senate. We all basis. of congratulations for our colleague on know she is one of the hardest working Five thousand votes—frankly, a num- her singular and remarkable achieve- Members of the Senate. ber of us have cast 5,000 votes, but it is ment. Listen to this. Since she was sworn ridiculous, the example she has set, It seems fitting that Senator COLLINS in, in January, January 3 of 1997, she never missing a vote. I wish her the would reach this historic milestone has been present for every single roll- very best and many years to serve in just after the All Star Game because call vote. That is over 15 consecutive the future of the Senate. this really is a Hall of Fame sort of ac- years, never missing a vote. (Applause.) complishment. Senator COLLINS is actually in quite Ms. MIKULSKI. Mr. President, I With that 5,000th consecutive vote an elite company. Recently, she passed want to take this opportunity to honor she cast moments ago, Senator COLLINS Senator Byrd and is now third all time Senator COLLINS, a colleague and dear now holds the third-longest voting behind Senator CHUCK GRASSLEY and friend, on her landmark 5,000th con- streak in Senate history. In the entire the late Bill Proxmire from Wisconsin. secutive vote. history of the United States Senate, I know she took great pride also in Since becoming a Senator in 1997, the only Members with longer unbro- being in the company of her role Senator COLLINS has never missed a ken voting streaks are William Prox- model, a woman who played a major single vote. This is a sign of her com- mire, who is way out front with 10,252 role in her decision to run for public of- mitment to the people of Maine and consecutive votes, and Senator GRASS- fice in the first place, fellow Maine the entire country. The commitment LEY, with 6,393 consecutive votes. Senator Margaret Chase Smith, who is began in her home. Her parents taught But here is the thing about Senator currently No. 5 on the list. her what it meant to work hard and COLLINS: She is the only Senator who On behalf of the entire Senate, I con- serve the people, both in the family- has ever hit that mark without missing gratulate Senator COLLINS for this owned lumber business and both as a single vote—the only perfect voting milestone. mayors of her hometown of Caribou, record among the 5,000-consecutive (Applause, Senators rising.) ME. She has carried on their legacy votes Hall of Famers. The PRESIDING OFFICER. The ma- and deep commitment to public serv- Senator COLLINS’ historic voting jority leader. ice. record is a reflection of her dedication

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11219 to the hardworking people of Maine dirty word. . . . The center will hold Mr. HATCH. Mr. President, I yield and a testament to her respect for this only if we put the same effort into back time. Senate. unity that partisans put into division.’’ CLOTURE MOTION We have heard about some of the She is right. On a more personal note I want to The PRESIDING OFFICER. All time lengths Senator COLLINS has gone to to is yielded back. Under the previous say that not only does Senator COLLINS preserve her unbroken voting streak, order, pursuant to rule XXII, the clerk including how she once twisted her have one of the best voting records in this Senate, she also has the best taste will report the motion to invoke clo- ankle running in high heels to cast a ture. vote. in books of just about anyone I know. The assistant bill clerk read as fol- That vote was to protect the State She reads constantly, and I am grateful lows: Children’s Health Insurance Program, to her for the many good books and and working parents and their children talented authors she has introduced me CLOTURE MOTION in my State of Illinois and throughout to. We, the undersigned Senators, in accord- America are grateful to her for her A year ago, some gay veterans and ance with the provisions of rule XXII of the pains. other Mainers hosted a reception to Standing Rules of the Senate, hereby move That is the other remarkable thing thank Senator COLLINS for her coura- to bring to a close debate on the substitute geous cosponsorship, with Senator LIE- amendment No. 2521 to S. 2237, the Small about Senator COLLINS’ voting record. Business Jobs and Tax Relief Act. It is laudatory not only for the number BERMAN, of the bill to allow gay men and lesbians to serve openly in Amer- Harry Reid, Mary L. Landrieu, Kirsten E. of consecutive votes Senator COLLINS Gillibrand, Barbara A. Mikulski, Carl has cast but also for the courage be- ica’s Armed Forces. Levin, Frank R. Lautenberg, Barbara hind many of those votes. At that reception, a Navy veteran Boxer, Mark Udall, Mark Begich, Shel- who spent her time in the service hid- Senator COLLINS and I were elected don Whitehouse, Richard Blumenthal, to the Senate in the same year, 1996. As ing her sexual orientation presented Al Franken, Patrick J. Leahy, Tom freshman Senators, we cosponsored a Senator COLLINS with one of her ship’s Udall, Max Baucus, Benjamin L. Cardin, Richard J. Durbin. successful bill to repeal a $50 billion coins, which are awarded to Navy per- tax break for the tobacco industry. sonnel for going beyond their duty. The PRESIDING OFFICER. By unan- And an 80-year-old man and lifelong We have worked together to combat imous consent, the mandatory quorum independent voter praised her by say- Medicaid fraud and improve food safe- call has been waived. ing, ‘‘Senator COLLINS is . . . filling the ty. The question is, Is it the sense of the high heels of Margaret Chase Smith Along with Senator SNOWE, Senator Senate that debate on amendment No. wonderfully.’’ COLLINS voted for Wall Street reform 2521, offered by the Senator from Ne- We know that even when those high and for the economic recovery plan vada, Mr. REID, for Ms. LANDRIEU, to S. heels cause her to twist her ankle, they that may well have kept America from 2237 shall be brought to a close? cannot keep her from casting her vote tipping into a depression. The yeas and nays are mandatory and making history. She voted for the Lily Ledbetter Fair Once again, I congratulate Senator under the rule. Pay Act, and she voted to confirm both The clerk will call the roll. COLLINS on this singular achievement. Sonya Sotomayor and Elena Kagan to And looking forward to the happy The bill clerk called the roll. the U.S. Supreme Court. milestone she will celebrate next Mr. KYL. The following Senators are I hope I don’t get her into trouble month, Loretta and I give Senator COL- necessarily absent: the Senator from with this list. LINS and her husband-to-be our best Illinois (Mr. KIRK) and the Senator Her voting record is in keeping with wishes for many years of happiness to- from Kansas (Mr. MORAN). Maine’s tradition for independent gether. The PRESIDING OFFICER. Are there thinking. AMENDMENT NO. 2521 any other Senators in the Chamber de- When SUSAN COLLINS was a senior in The PRESIDING OFFICER. There siring to vote? high school, she came to Washington will now be 2 minutes of debate, equal- The yeas and nays resulted—yeas 57, and had an amazing experience. She ly divided. nays 41, as follows: was able to talk to her hero and home Who yields time? [Rollcall Vote No. 176 Leg.] State Senator, Margaret Chase Smith, The Senator from Louisiana. for nearly 2 hours in her office. Ms. LANDRIEU. Mr. President, I YEAS—57 Senator COLLINS later told a re- think we are on the Landrieu amend- Akaka Gillibrand Nelson (NE) porter: ‘‘I remember leaving her office Baucus Hagan Nelson (FL) ment. Begich Harkin Pryor thinking that women can do anything The PRESIDING OFFICER. The Sen- Bennet Heller Reed and that women can get to the highest ator is correct. Bingaman Inouye Reid levels of government and make a dif- Ms. LANDRIEU. Mr. President, I dis- Blumenthal Johnson (SD) Rockefeller Boxer Kerry Sanders ference.’’ cussed this amendment in great detail Brown (MA) Klobuchar Schumer Years earlier, Margaret Chase Smith yesterday, so there is no reason to re- Brown (OH) Kohl Shaheen had made history of her own when she view it. I thank many Members of the Cantwell Landrieu Snowe delivered her famous ‘‘Declaration of Small Business Committee on both Cardin Lautenberg Stabenow Carper Leahy Tester Conscience’’ speech. In that speech, she sides of the aisle for putting forth some Casey Levin Udall (CO) urged Senators to reject the destruc- terrific, very popular, and effective Collins Lieberman Udall (NM) tive anti-communist hysteria being ideas for small business: 100 percent ex- Conrad McCaskill Vitter Coons Menendez Warner whipped up by Joe McCarthy. clusion of capital gains, decreased de- Durbin Merkley Webb Senator Smith said then: ‘‘As an ductions for startup expenditures, S Feinstein Mikulski Whitehouse American, I want to see our nation re- corporation holding period reductions, Franken Murray Wyden capture the strength and unity it once carryback on business credits, and ex- NAYS—41 had when we fought the enemy instead pensing of 179—all very familiar to this Alexander Crapo Kyl of ourselves.’’ body and absolutely critical for invest- Ayotte DeMint Lee We can hear echoes of that famous ing in our small business. The bill only Barrasso Enzi Lugar plea in an op-ed Senator COLLINS wrote costs $4 billion compared to some of Blunt Graham Manchin Boozman Grassley for The Washington Post a few months the other numbers that are being McCain Burr Hatch McConnell ago. thrown around here. We think it is Chambliss Hoeven Murkowski As Senator COLLINS wrote: ‘‘[N]either very cost effective, and I ask for the Coats Hutchison Paul Coburn Inhofe party has a monopoly on good ideas. Portman support of the body. Cochran Isakson Risch The challenges we face will not be met The PRESIDING OFFICER. Who Corker Johanns Roberts by those who believe compromise is a yields time in opposition? Cornyn Johnson (WI)

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11220 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 Rubio Shelby Toomey Nelson (NE) Sanders Udall (NM) stronger as this economy gains Sessions Thune Wicker Nelson (FL) Schumer Warner strength. Unfortunately, we fell only Pryor Shaheen Webb NOT VOTING—2 Reed Stabenow Whitehouse three votes short just a few minutes Kirk Moran Reid Tester Wyden ago. Rockefeller Udall (CO) The PRESIDING OFFICER. On this This bill is primarily a tax cut—very vote, the yeas are 57, the nays are 41. NAYS—44 targeted, very specific, and very effec- Three-fifths of the Senators duly cho- Alexander Enzi McConnell tive—to the small businesses we are sen and sworn not having voted in the Ayotte Graham Murkowski counting on to grow and to accelerate Barrasso Grassley Paul the potential high-growth businesses, affirmative, the motion is rejected. Blunt Hatch Portman not just any startups but those that There will now be 2 minutes of debate Boozman Hoeven Risch equally divided. Burr Hutchison Roberts really have the capacity to grow. Chambliss Inhofe We were hoping that despite the par- The Senator from Montana. Rubio Coats Isakson Sessions tisan posturing, we could have received Coburn Johanns Mr. BAUCUS. Mr. President, I think Shelby Cochran Johnson (WI) the 60 votes to give this effort some minds are made up. I just suggest that Snowe Collins Kyl more life. But we are not going to be both sides yield back the remainder of Thune Corker Lee discouraged. the time and vote. Cornyn Toomey Lugar I want to particularly thank Senator The PRESIDING OFFICER. Without Crapo Manchin Vitter Wicker SHAHEEN, the Presiding Officer, for her objection, all time is yielded back. DeMint McCain help. I want to specifically thank Sen- NOT VOTING—3 CLOTURE MOTION ator CARDIN and Senator HAGAN for The cloture motion having been pre- Boxer Kirk Moran spending time on the floor for the pro- sented under rule XXII, the chair di- The PRESIDING OFFICER. On this vision of streamlining applications for rects the clerk to read the motion. vote, the yeas are 53, the nays are 44. small businesses. That is in this bill. The bill clerk read as follows: Three-fifths of the Senators duly cho- I want to thank Senator VITTER, Sen- CLOTURE MOTION sen and sworn not having voted in the ator HELLER, and Senator COLLINS par- We, the undersigned Senators, in accord- affirmative, the motion is rejected. ticularly for their support today. I ance with the provisions of rule XXII of the Under the previous order, S. 2237 is want to briefly, for another minute, Standing Rules of the Senate, hereby move returned to the calendar. mention a few of the organizations to bring to a close the debate on S. 2237, the Mrs. MCCASKILL. Madam President, that are supporting this effort, which Small Business Jobs and Tax Relief Act. today I voted in support of invoking is only a $4 billion cost. It has a $12 bil- Harry Reid, Max Baucus, Mary L. Lan- cloture on Senate Amendment 2521 to lion immediate impact but only a $4 drieu, Kirsten E. Gillibrand, Barbara A. S. 2237, offered by Senator LANDRIEU. I Mikulski, Carl Levin, Frank R. Lau- billion score. It was very effectively tenberg, Barbara Boxer, Mark Udall, supported cloture on this substitute written to create a score like that. I Mark Begich, Sheldon Whitehouse, amendment because, overall, Senator am proud of the staff work that went Richard Blumenthal, Al Franken, Pat- LANDRIEU’s legislation would help our into this effort. rick J. Leahy, Tom Udall, Benjamin L. Nation’s small businesses grow and The American Farm Bureau Federa- Cardin, Richard J. Durbin. find new markets. However, I had some tion, the American Lighting Associa- The PRESIDING OFFICER. By unan- concerns with aspects of the legislation tion, the Rental Association, Associa- imous consent, the mandatory quorum that would increase sole-source con- tion of Builders and Contractors, Asso- call is waived. tracting. In general, we need to ensure ciation of Equipment Manufacturers, The question is, Is it the sense of the that where noncompetitive contracting Automotive Aftermarket Industry As- Senate that debate on S. 2237, a bill to programs are authorized, they are nar- sociation, Financial Executives, Metal provide a temporary income tax credit row and fair. In light of the fact that Services Institute, Independent Com- for increased payroll and extend bonus cloture was not invoked on the amend- munity Bankers—and just to name a depreciation for an additional year, ment, I look forward to working with few more—the National Beer Whole- and for other purposes, shall be Senator LANDRIEU on her legislation in salers, National Association of Home brought to a close? the future. Builders, Printing Industry of America, The yeas and nays are mandatory f Small Business & Entrepreneurship under the rule. DISCLOSE ACT OF 2012—MOTION TO Council, the U.S. Black Chamber of The clerk will call the roll. PROCEED—Continued Commerce, many women’s organiza- The legislative clerk called the roll. tions, Women Construction Owners, Mr. DURBIN. I announce that the The PRESIDING OFFICER. Under Women’s Business Enterprise, et Senator from California (Mrs. BOXER) the previous order, the Senate resumes cetera, et cetera. is necessarily absent. consideration of the motion to proceed We are very proud to be building in Mr. KYL. The following Senators are to S. 3369. the U.S. Chamber of Commerce a very necessarily absent: the Senator from The Senator from Louisiana. broad coalition that can see the value. Illinois (Mr. KIRK) and the Senator SUCCESS ACT Perhaps we cannot find common from Kansas (Mr. MORAN). Ms. LANDRIEU. Madam President, ground on a $40 billion tax cut bill or a The PRESIDING OFFICER (Mrs. before we end the debate on the small $50 billion tax cut bill or even $20 bil- SHAHEEN). Are there any other Sen- business tax relief bills, I want to lion. But I think we could find common ators in the Chamber desiring to vote? thank the 57 Members of this Senate ground on a bill that only scores and The yeas and nays resulted—yeas 53, who voted for the SUCCESS Act. The costs the Federal Government $4 bil- nays 44, as follows: SUCCESS Act has been building sup- lion has a $12 billion impact. [Rollcall Vote No. 177 Leg.] port, strong support across the aisle It is $4 billion over 10 years, but the YEAS—53 now for about 3 to 4 weeks. It is an out- benefit is right now, the way that we growth of not one, not two, but three have structured it, to extend these tax Akaka Conrad Klobuchar Baucus Coons Kohl very successful, high-profile credits and tax extenders for about a Begich Durbin Landrieu roundtables the Small Business Com- year and 3 months which would give us Bennet Feinstein Lautenberg mittee in the Senate has conducted time as we move forward to revise the Bingaman Franken Leahy Blumenthal Gillibrand Levin over the course of the spring, coming Tax Code and to see how we can reduce Brown (MA) Hagan Lieberman into the summer, in hopes that we and eliminate our deficit and make our Brown (OH) Harkin McCaskill could present a bill that could give a Tax Code more fair. At least it would Cantwell Heller Menendez boost in the middle of this summer pe- give a strong signal to many of these Cardin Inouye Merkley Carper Johnson (SD) Mikulski riod to the small businesses that are small businesses they can count on the Casey Kerry Murray really struggling to hire and to get tax cuts that are in this bill.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11221 So I am going to, on behalf of the 57 Over the past weeks and months we watches television knows, our airwaves Members who voted for this bill today, have heard a lot about income inequal- are filled with negative political at- file a stand-alone bill. It is going to be ity. Occupy Wall Street has been very tack ads. The organizations that pay called the SUCCESS Act of 2012. I am vocal on this issue. Many Members of for these negative political attack ads going to ask all of those who voted Congress have also expressed concern all have patriotic-sounding names dot- today to join me as a cosponsor of the that income inequality is ever increas- ted with words like ‘‘prosperity,’’ legislation. And let’s see, we still have ing. The Finance Committee, of which ‘‘freedom,’’ and ‘‘future.’’ The names some time left in the summer before I am a member, just recently had a sound harmless, but they are phony. we leave. Perhaps, with the adminis- hearing on this very topic. This most All too often the ads are paid for by se- tration’s support—and they do support recent CBO data shows that income in- cret special interests, billionaires, and the provisions of this—and with the equality is at the lowest point in more wealthy corporations seeking special leadership shown by some of the Re- than a decade. The share of income secret influence in our democracy and publican Senators today, who knows, held by the top 1 percent has shrunk by drowning out the voices of middle-class we might be able to get something 28 percent. At the same time, the bot- American families. done. tom 60 percent of households saw their As USA Today put it just last week Finally, we are working closely with share of income increase by an average in an editorial supporting this DIS- the House leadership on the Small 11 percent. CLOSE Act, ‘‘Everybody’s watching Business Committee. I am working So perhaps my friends on the other what’s expected to be by far the most very closely with Chairman GRAVES. side of the aisle do have reason to expensive presidential campaign in his- They have passed some of this already cheer: The rich are much less rich but, tory, and not without a dose of horror. through the House. So perhaps if we of course, the poor are poorer as well. Freed by the Supreme Court from stay focused and work a little bit hard- It is just that those in the lower in- spending limits, all manner of special er, we might be able to squeeze out an- comes did not see their income shrink interests are opening the spigots to other piece of legislation that will help by as much as higher income people. buy influence.’’ That is exactly right, the small businesses of America. Of course, those in the bottom 60 per- ‘‘All manner of special interests are I suggest the absence of a quorum. cent of households are not better off opening the spigots to buy influence,’’ The PRESIDING OFFICER. The today than they were when income in- and because their money is secret, the clerk will call the roll. The legislative clerk proceeded to equality was greater. In fact, they are American public doesn’t even know call the roll. poorer and struggling more than ever. who is behind the negative political at- Mr. GRASSLEY. Madam President, I So I just hope my colleagues on the tack ads other than the phony name. ask unanimous consent that the order other side of the aisle keep that in Here is how my home State paper, for the quorum call be rescinded. mind as we try to create a better fu- the Providence Journal, reacted to the The PRESIDING OFFICER. Without ture, and do it for everyone. original Citizens United decision that objection, it is so ordered. Reduction in income inequality has unleashed this torrent of secret TAX RATES should not be a goal in and of itself. special interest money: Mr. GRASSLEY. Madam President, I What really matters is individual well- The [Citizens United] ruling will mean come to the floor at this point to coun- being and opportunity for everybody to that, more than ever, big-spending economic teract and add substance to something succeed. This is best achieved, then, interests will determine who gets elected. More money will especially pour into relent- the majority leader said today in re- through progrowth policies aimed at growing the economic pie, not by tar- less attack campaigns. Free speech for most gard to taxes. individuals will suffer because their voices Recently, the Congressional Budget geting certain unpopular groups for tax will count for even less than they do now. Office released an update to its report hikes. They will simply be drowned out by the big on average effective tax rates. Several Mr. President, I yield the floor, and I money. of my colleagues on the other side of suggest the absence of a quorum. The Providence Journal could not the aisle have pounced on this report The PRESIDING OFFICER (Mr. have been proven out more correctly claiming that tax rates are at historic COONS). The clerk will call the roll. by the events that have taken place lows. The assistant bill clerk proceeded to since. In a floor speech just this morning call the roll. Senator JOHN MCCAIN said earlier the majority leader said the lowest tax Mr. WHITEHOUSE. Mr. President, I this year: ask unanimous consent that the order rates in 30 years was ‘‘thanks to Presi- I predicted when the United States Su- dent Obama, who has consistently for the quorum call be rescinded. preme Court, with their absolute ignorance fought to lower taxes for the middle- The PRESIDING OFFICER. Without of what happens in politics, struck down [the class families over the last 31⁄2 years.’’ objection, it is so ordered. McCain-Feingold campaign finance law], However, the majority leader and oth- The Senator from Rhode Island. that there would be a flood of money into ers of his political party are only tell- Mr. WHITEHOUSE. Mr. President, I campaigns, not transparent, unaccounted ing half the story. The report also rise today to speak about the DIS- for, and this is exactly what is happening. shows that incomes of households in all CLOSE Act of 2012. This is legislation Senator MCCAIN was right. Cam- income groups have declined by an av- that will shine a bit of needed light paigns are no longer waged by can- erage of 12 percent since 2007. This into the flood of secret money in our didates and parties fighting over ideas; means, then, that Americans are 12 elections. I would like to start with they are now waged by shadowy polit- percent poorer than they were in 2007. particular thanks to Senators CHUCK ical attack groups posing as social wel- Now, should we also thank President SCHUMER, MICHAEL BENNET, AL fare organizations, run by political Obama for this reduction in income? FRANKEN, JEFF MERKLEY, JEANNE SHA- operatives, linked to specific can- Essentially, this is what the majority HEEN, and TOM UDALL for their hard didates, and fueled by millions of un- leader is doing when he thanks Presi- work on developing the legislation. I disclosed dollars from secret special in- dent Obama for lower tax rates because look forward to joining them as this terests. When these secretive special when individuals have less income, debate goes forward. interests take over our elections, it they pay less in taxes. Now, isn’t that This morning the majority leader puts in jeopardy the key supports of a common sense? moved to proceed to this vital piece of strong middle class, supports such as Millions of Americans are out of legislation. I thank him. I and many of Social Security, Medicare, Pell grants, work and have very little or no income. my colleagues are looking forward to a progressive tax system, and things You would have better luck getting the opportunity to make the case in that have paved the way for genera- blood out of a turnip than collecting this Chamber for this important piece tions to achieve the American dream. income taxes from someone who has no of legislation. In a sense, that case has Why do I say that? I say that because income. already been made. As anyone who these special interests have motives to

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11222 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 spend this kind of money. If those mo- assumed it would be independent of the big guys, and they lose faith that their tives were good for America, would candidates, and they were wrong. They elected officials are actually listening they be so desperate to keep what they assumed it would be transparent as to to them. If we thought that was a prob- are doing secret? I don’t think so. who was behind it, and they were lem before, when at least it was public Americans who worry now that wrong. They also assumed that what and at least we knew who the reg- Washington listens too much to the was put on the air was the end of the istered lobbyists were and who had special interests, strap in, look out, issue. They took no consideration of made the campaign contributions and and hang on to your wallet because a the behind-the-scenes meeting where at least we knew there were some rea- secret special interest avalanche is un- the special interest comes in to meet sonable limits on all that—all those derway. According to a study in April, the Congressman and doesn’t spend $5 gates have been knocked down. It is 90 percent of the money being spent by million in secretly funded negative at- the Wild West now, and it is secret. super PACs, nonprofits, and other out- tack ads but threatens to. And if the Six in ten Americans say the middle side groups to elect the President of threat works, they buy the vote, no- class will not catch a break in this the United States is coming from se- body ever sees an ad, and the institu- economy until we reduce the influence cret sources, secretive corporations, tion of government is corrupted. of lobbyists, big banks, and big donors. and billionaires whose names and mo- It is one thing if it is a company and Guess what. With these fountains of se- tives the voters may never know and they say: Well, I am going to be cret money behind them, their influ- who will have no accountability for against you, and my CEO is going to ence isn’t being reduced; it is going to how that money is spent. have a party and raise money in $5,000 be dramatically increased—and in- When there is no accountability for increments against you, and our PAC creased in ways that lend themselves how money is spent because the phony is going to give a $10,000 check to your to corruption. front organization that purports to be opponent. We are going to tell our One out of every four Americans ac- spending it isn’t real and the real party workers that you are not a good person tually says they are less likely to even and interest has hidden behind a veil of for our industry. vote because they believe big donors secrecy, then there is no limit on what OK, that is not great, but it is no- and super PACs have so much more in- people will say. It is accountability where near as dangerous as being able fluence over elected officials than they that keeps public dialog in reasonable to say: We are going to put $5 million do that they feel pushed out of the check. That is why you and I, Mr. into a secret campaign of negative at- process, so why bother. That is a ter- President, are obliged at the end of our tack ads against you, and nobody is rible blow to American democracy. Nearly 7 in 10 Americans, including a campaign advertisements to say: I am going to know it is us. If you play right majority of Democrats and Repub- Senator WHITEHOUSE, and I approve and do what you are told, we will lay licans, agree with this proposition: this message. I am Senator COONS, and off, but otherwise, look out, we are New rules that let corporations, I approve this message. coming after you. It will be hidden, it unions, and people give unlimited Well, relieved from that account- will be negative, and it will be nasty. money to super PACs will lead to cor- ability, about 70 percent of the ads in That is no way to run a democracy. ruption. One would think that is a this election cycle have been negative. So today the majority leader has blindingly obvious proposition. It es- That is up from 9 percent in 2008. I will moved to a bill that will bring at least caped the five conservative members of say it again: 70 percent, up from 9 per- transparency and accountability to our the Supreme Court who decreed that cent, as this flood of secret special in- elections. At least these big special in- was not going to be the case. Seven out terest money has hit. terests will have to say who they are. of ten Americans disagree with them. I Even worse, if we look at the four Then we as Americans can evaluate disagree with them. The closer we get top-spending political 501(c)(4)s—the what their motives are, what the deal to elections, the more we see that prop- secret organizations, the ones that hide might be, whether we are actually osition is foolhardy. their donors—and what they have done aligned with their interests, and we So we have the DISCLOSE Act, a bill in the last 6 months, an estimated 85 can evaluate what they are saying that Republican and former Federal percent of their election spending was about candidates. We will have more Election Commission Chairman Trevor spent on ads that contained deceptions, information. We will have a better Potter said is appropriately targeted, according to a recent analysis by the quality of free speech. This is not a narrowly tailored, clearly constitu- Annenberg Public Policy Center. So we Democratic or Republican issue. In tional, and desperately needed. I very unhinge any real person from account- fact, disclosure has never before been a much hope we can join in this debate; ability for this spending. The special Republican or Democratic issue. This that we can get this bill passed in the interests behind it remain secret, and is about protecting our democratic Senate; that we can clean up our elec- the ads become virtually exclusively process as Americans. tions and begin to do something about negative attack ads and they are rid- I really look forward to debating this this foul avalanche of negative attack dled with deception. important measure with my colleagues ads—again, 85 percent of them con- This is what the Supreme Court in the upcoming days. I am joined by taining deception—that are now pol- thought free speech looked like. This is Americans of all political stripes who luting our public discourse. all the result of that disastrous deci- are disgusted by the influence of this Prior to the Citizens United decision sion by the Supreme Court in Citizens unlimited secret money pouring into and prior to the floodgates actually United v. Federal Election Commission our elections. We are disgusted by cam- opening, there was a long and rich bi- which opened the floodgates of secret, paigns that succeed or fail, that last or partisan tradition in this Senate of de- anonymous special interest money. I don’t last, depending on how many bil- manding disclosure of spending in elec- think it was a deliberate decision, but lionaires the candidate has funding tions. Many of our Republican col- that is a discussion for another day. their campaign through these special leagues in the Senate have loudly and For today, our purpose is to point out organizations. More and more around clearly supported disclosure in the that the campaign finance system, as a this country, particularly in Rhode Is- past, and I hope they will join us in result, is broken and it lends itself to land—the people I hear from at home— passing this important piece of legisla- corruption in new and unprecedented people feel this government responds tion. The fundamental principle of a ways. only to wealthy and corporate inter- government of the people, by the peo- The Supreme Court, in the Citizens ests. They feel the middle class can’t ple, and for the people is a government United decision, in its blissful igno- catch a break, that nobody is listening, that will listen to the people, not just rance, never even considered what hap- that everything is done for the big to the big special interests that can af- pens behind the scenes. They talked guys. They see their jobs disappear. ford massive secret money. only about the public debate and the They see their wages stagnate. They I urge my colleagues to support the public expenditure of this money. They see bailouts and special deals for the DISCLOSE Act of 2012.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11223 I thank the Presiding Officer. of assignments in armor and military Burgess led an interagency intelligence I yield the floor, and I note the ab- intelligence units in Germany and Ft. effort to create a fused Colombian in- sence of a quorum. Stewart, GA, where he was directly re- telligence capability that enhanced The PRESIDING OFFICER. The sponsible for planning multiple highly military and police cooperation clerk will call the roll. successful National Training Center ro- against illegal global drug networks. The legislative clerk proceeded to tations, numerous command post exer- Lieutenant General Burgess led South- call the roll. cises, and an Army training and eval- ern Command’s intelligence response Mr. CHAMBLISS. Mr. President, I uation program. to many challenges including potential ask unanimous consent that the order Lieutenant General Burgess was rec- migrant operations, tracking of Cuban for the quorum call be rescinded. ognized for his meticulous planning exiles, hurricane and earthquake dis- The PRESIDING OFFICER (Mr. and forceful execution of operational aster relief, and sustained counterdrug FRANKEN). Without objection, it is so procedures which contributed signifi- operations in both the area of responsi- ordered. cantly to combat readiness. Later bility and throughout transit zones. Mr. CHAMBLISS. Mr. President, I Lieutenant General Burgess held a va- ask unanimous consent to speak as in riety of key staff and command posi- From June 2003 to July 2005, Lieuten- morning business for up to 10 minutes. tions, including Assistant Executive ant General Burgess served as the Di- The PRESIDING OFFICER. Without Officer to the Deputy Chief of Staff for rector for Intelligence (J–2) for the objection, it is so ordered. Intelligence, Washington, DC in 1990, Joint Chiefs of Staff, JCS. As the J–2, Ron directed all-source intelligence TRIBUTE TO LIEUTENANT GENERAL RONALD L. and as the battalion commander, 25th BURGESS Infantry Division, from May 1993 to analysis and reporting for the Chair- Mr. CHAMBLISS. Mr. President, I May 1994, at Schofield Barracks, HI. man JCS, the Secretary of Defense, the rise today to pay tribute to LTG Ron- From July 1995 to May 1997, Lieuten- Joint Staff, and Unified Commands. ald L. Burgess, Jr., the current Direc- ant General Burgess commanded the Lieutenant General Burgess served as tor of the Defense Intelligence Agency, 470th Military Intelligence Brigade the focal point for crisis intelligence and one of the Nation’s premier leaders where he served with great distinction. support to military operations, indica- in the intelligence community and in As commander, he provided out- tions and warning intelligence in the the United States military. standing leadership which led to the Department of Defense, and Unified Lieutenant General Burgess retires unit’s operational success in support of Command intelligence requirements. this summer after a distinguished 38- the Commanding General of the United Assuming control of intelligence oper- year career. During his career, Lieu- State’s Army South and the Com- ations only months after the United tenant General Burgess has been recog- mander U.S. Southern Command. States and coalition forces invaded nized with numerous awards and deco- During this period, Lieutenant Gen- Iraq, Lieutenant General Burgess was rations, which include the Defense Dis- eral Burgess skillfully integrated a at the forefront of providing timely tinguished Service Medal, Defense Su- multi-disciplined intelligence force and insightful intelligence for oper- perior Service Medal with two oak leaf into an extremely innovative war- ational requirements in Iraq, Afghani- clusters, the Legion of Merit, Meri- fighting asset while also expanding the stan, transnational terrorism, and all torious Service Medal with four oak brigade’s regional focus through more developing global issues affecting U.S. leaf clusters, Joint Service Commenda- than 150 operational deployments interests abroad. tion Medal, United States Special Op- across Latin America, the Caribbean, In August 2005, Lieutenant General erations Command Medal, Army Com- Europe, and Korea. While commanding Burgess reported to the Office of the mendation Medal, Army Achievement the 470th, Lieutenant General Burgess Director for National Intelligence, Medal, NATO Medal—Former Republic also served as acting vice director of ODNI, where he served as the Deputy of Yugoslavia, Parachutist Badge, intelligence, and subsequently the act- Director of National Intelligence for Joint Chiefs of Staff Identification ing director of intelligence for U.S. Customer Outcomes, Director of the In- Badge, and the Army Staff Identifica- Southern Command. During this period telligence Staff, Acting Principal Dep- tion Badge. Lieutenant General Burgess guided a uty Director of National Intelligence, As a driving force in the intelligence continuous flow of intelligence anal- and acting Director of National Intel- community, General Burgess will soon ysis in support of the year-long Tupac ligence. During this period, Lieutenant conclude a career marked by excep- Amaru Revolutionary Movement hos- General Burgess played a key role in tional leadership and strategic vision, tage crisis at the Japanese ambas- developing and reforming the Intel- both of which have significantly ad- sador’s residence in Lima. Lieutenant ligence Community during an unprece- vanced U.S. national security interests General Burgess’s support was key to dented period of global change. During while also strengthening our national developing the detailed analysis re- Ron’s tenure at ODNI, his leadership intelligence and military intelligence quired by U.S. military commanders, was key during the revision of Execu- capabilities during a very challenging our ambassador to Peru and the Presi- tive Order 12333, which governs all in- period in our Nation’s history. dent to make timely and informed de- telligence activities, the development Throughout his time in uniform, cisions leading to the safe withdrawal of the first-ever joint manning docu- Lieutenant General Burgess has dem- of American hostages. onstrated an unyielding dedication to Following his assignment at U.S. ment for military personnel assigned duty and an innate ability to inspire Southern Command, Lieutenant Gen- to organizations outside of the Depart- enthusiasm and commitment to serve eral Burgess served as the Director of ment of Defense, critical Intelligence those he leads. Lieutenant General Intelligence (J–2) for the Joint Special Community managerial operations Burgess’s selfless service to country Operations Command, JSOC, Fort were overhauled, and innovative and his unparalleled personal drive Bragg, North Carolina, from May 1997 human capital practices were imple- have been instrumental in trans- to May 1999. During this assignment, mented under his watch. forming defense intelligence into a Ron’s leadership was instrumental in After completing his ODNI assign- more capable and cooperative enter- supporting continuous global deploy- ment, Lieutenant General Burgess was prise, providing the critical intel- ments as well as major exercises and appointed the 17th director of the De- ligence required by military com- highly complex joint-service training fense Intelligence Agency, DIA, in manders and policymakers both at the events. March 2009. As the Vice Chairman of defense and national levels. Mr. President, in June 1999, Ron re- the Senate Select Committee on Intel- Commissioned as a second lieutenant turned to the Southern Command as ligence I have personally witnessed through the Auburn University ROTC the Director of Intelligence, J–2. Ron’s thoughtful and ambitious pro- Program in 1974, Lieutenant General Among his achievements while serving gram to strengthen DIA’s ability to ad- Burgess began his career with a series in that position, Lieutenant General dress the ever-changing requirements

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11224 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 of military commanders and policy- Committee, due in no small part to under rule XXII, the Chair directs the makers at the defense and national lev- Ron’s leadership. DIA is an indispen- clerk to read the motion. els. Lieutenant General Burgess has fo- sable, principal member of the U.S. In- The bill clerk read as follows: cused DIA on our nation’s greatest telligence Community and has CLOTURE MOTION challenges including Afghanistan-Paki- strengthened its performance as the We, the undersigned Senators, in ac- stan, Iraq, Iran, transnational ter- functional intersection between de- cordance with the provisions of rule rorism, and preventing strategic sur- fense and national intelligence. Lieu- XXII of the Standing Rules of the Sen- prise elsewhere around the globe. In tenant General Burgess leaves behind a ate, hereby move to bring to a close de- doing so, Ron has reinforced DIA’s abil- more flexible and adaptive agency, one bate on the motion to proceed to cal- ity to surge in support of contingency that is much more capable of meeting endar No. 446, S. 3369, a bill to amend operations and crises, successfully our national security challenges. Under the Federal Election Campaign Act of launching a 24/7 crisis analysis cell at his leadership, DIA has earned even 1971 to provide for additional disclosure the start of the Libyan crisis and es- greater respect within the Intelligence requirements for corporations, labor tablishing an Afghanistan-Pakistan Community and continues to warrant organizations, Super PACs and other Task Force that refined the agency’s Congress’ strong support and trust. entities, and for other purposes. ability to support ongoing combat op- Mr. President, while the Army and Intelligence Community will be losing Harry Reid, Sheldon Whitehouse, Jack erations Reed, Joseph I. Lieberman, Jon Tester, As DIA was celebrating its 50th anni- a leader who has answered the call Mark L. Pryor, Benjamin L. Cardin, versary, Lieutenant General Burgess time and again at such critical points Christopher A. Coons, Jeanne Shaheen, charted an innovative, five-year strat- in our Nation’s history, I know that Daniel K. Akaka, Herb Kohl, Charles E. egy to strengthen and unite the agen- Ron will be happy to reclaim his Satur- Schumer, Mark Begich, Tim Johnson, cy’s core defense capabilities while also day afternoons in the fall to root for Robert Menendez, Frank R. Lauten- focusing the agency on warning, core his Auburn Tigers, and that the Bur- berg, Mark Udall, Sherrod Brown. mission areas, partnership, and per- gess family will cherish more time Mr. REID. Mr. President, I ask unan- formance. DIA’s new strategy empha- with a husband and father. Mr. Presi- imous consent that the mandatory sizes best practices to support our dent, I wish Ron and his wife Marta the quorum required under our rule XXII warfighters and policy makers in an very best as he enters retirement. On be waived, and that on Monday, July era of persistent conflict and enduring behalf of a grateful Nation and my col- 16, following the vote on the McNulty U.S. fiscal challenges and sets the path leagues in the U.S. Senate, I thank Ron nomination and the resumption of leg- toward achieving the strategy’s major and his family for his many years of islative session, there be up to 10 min- theme of ‘‘One Mission—One Team— faithful service and a job well done. utes of debate, equally divided between Mr. President, I suggest the absence One Agency.’’ the two leaders or their designees prior As Director of DIA, Lieutenant Gen- of a quorum. to a cloture vote on the motion to pro- The PRESIDING OFFICER. The eral Burgess has worked to strengthen ceed to S. 3369. clerk will call the roll. The PRESIDING OFFICER. Without and improve the Joint Worldwide Intel- The bill clerk proceeded to call the objection, it is so ordered. ligence Communications System, roll. JWICS, the secure backbone for much Mr. REID. Mr. President, I ask unan- f of the U.S. Intelligence Community, imous consent that the order for the the White House, U.S. combatant com- quorum call be rescinded. MORNING BUSINESS manders, and allies. Additionally, he The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- has led the effort to establish the De- objection, it is so ordered. imous consent that we now proceed to fense Clandestine Service, DCS, which UNANIMOUS CONSENT AGREEMENT—EXECUTIVE a period of morning business, with Sen- provides enhanced collection capabili- CALENDAR ators permitted to speak for up to 10 ties in support of the highest priority Mr. REID. Mr. President, I ask unan- minutes each. intelligence requirements of the Direc- imous consent that on Monday, July The PRESIDING OFFICER. Without tor of National Intelligence, the Sec- 16, at 5 p.m., the Senate proceed to ex- objection, it is so ordered. retary of Defense, the Secretaries of ecutive session to consider the fol- the Military Departments, and the lowing nomination: Calendar No. 662; f Combatant Commanders. that there be 30 minutes for debate TRIBUTE TO WILLIAM H. No matter the range or complexity of equally divided in the usual form; that MEADOWS the issues, Ron always kept himself, upon the use or yielding back of that his colleagues and subordinates focused time, the Senate proceed to a vote with Mr. REID. Mr. President, I recognize on the fundamental obligations and re- no intervening action or debate on the and honor William H. Meadows for his sponsibilities borne by those entrusted nomination; that the motion to recon- long and successful service from 1996 to with some of the Nation’s most impor- sider be considered made and laid upon 2012 as president of The Wilderness So- tant and sensitive missions. the table, with no intervening action ciety. Bill came to Washington, D.C. He frequently reminded DIA employ- or debate; that no further motions be with his wife Sally to lead The Wilder- ees, ‘‘While much of what we do is se- in order; that any related statements ness Society after years of working as cret, our work is a public trust.’’ be printed in the RECORD; that the a volunteer and then as a professional And consistent with that view, Ron President be immediately notified of staff person for the Sierra Club. Since emphasized at every opportunity the the Senate’s action and the Senate then, he has neither lost the passion non-negotiable need for intelligence then resume legislative session. that first made him a conservation ac- professionals to always demonstrate The PRESIDING OFFICER. Without tivist nor the gracious Southern charm the highest degree of integrity, both objection, it is so ordered. that came from his Tennessee upbring- personal and professional. He often Mr. REID. Mr. President, the Senate ing. counseled new employees, senior man- is currently on the motion to proceed Under his leadership, The Wilderness agers and military attache´s headed to to S. 3369; is that correct? Society has maintained its focus on new postings that ‘‘integrity is needed The PRESIDING OFFICER. The lead- their core mission of protecting wilder- most when it is hardest to maintain.’’ er is correct. ness and inspiring Americans to care Mr. President, while much of what is CLOTURE MOTION for our wild places. During his tenure, said behind closed doors at the Senate Mr. REID. That being the case, I The Wilderness Society has had sub- Intelligence Committee is classified, I have a cloture motion at the desk on stantial success, helping Congress ex- can tell you, my colleagues and the the motion to proceed to that matter. pand the National Wilderness Preserva- American people, that DIA is held in The PRESIDING OFFICER. The clo- tion System by nearly 6.5 million acres high esteem by the Senate Intelligence ture motion having been presented and establish the National Landscape

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11225 Conservation System to increase pro- A native of Paintsville, KY, Dennis Criminal Courts Building was renamed tection for Bureau of Land Manage- Dorton has worked at Citizens Na- the Honorable George N. Leighton ment lands. In that time, the organiza- tional Bank for 42 years. He joined the Criminal Court Building in tribute to a tion has nearly doubled in size and bank in 1970 following his graduation remarkable man. they provide sound scientific, legal, from Morehead State University, where Judge George Leighton, who turns and policy expertise on major issues re- he earned a bachelor’s degree in busi- 100 years old this October, has excelled lating to our Federal public lands bet- ness administration. Dennis also at- as a lawyer and judge and has em- ter than ever. tended Paintsville High School and is a bodied the ideals of the American I have had the good fortune of work- graduate of National Investment dream. ing with Bill and The Wilderness Soci- School University of Oklahoma, Na- George Leighton was born in 1912 in ety on legislation that impacts our tional Trust School Northwestern Uni- New Bedford, MA, to African immi- Federal wild lands heritage. He and versity, and attended Stonier Graduate grants. As a young boy, Judge Leigh- The Wilderness Society have been im- School of Banking at Rutgers Univer- ton picked fruit for several months portant partners in successful efforts sity. each year to help support his family. to protect millions of acres of Nevada’s Dennis is well known and well re- Then just before he should have started finest wilderness in Clark, Lincoln, and garded throughout the State’s banking seventh grade, he left school to take a White Pine counties, as well as estab- community for his career of accom- job on an oil tanker in the Dutch West lish the Black Rock Desert-High Rock plishment. He served as treasurer for Indies. Canyon Emigrant Trails National Con- the Kentucky Bankers Association and George Leighton never finished grade servation Area and Sloan Canyon Na- was that organization’s chairman in school or high school, but he heard tional Conservation Area. I am tremen- 2007–08. He is also on the Board of that a scholarship fund was offering a dously proud of that legacy and Bill Trustees for the Kentucky Hospital As- $200 scholarship for the winner of an played a critical role in that effort. He sociation and the Highlands Regional essay contest, and he submitted the never failed to understand the need to Medical Center. His many other civic winning essay. In 1936, with his $200 work closely with local communities and community service efforts include scholarship, he hitchhiked to Wash- and key stakeholders to find areas of his work as treasurer and board mem- ington, D.C., to attend college. He was common ground and to reach shared ber of the Paintsville-Johnson County granted conditional admittance to solutions. He brought to these con- Chamber of Commerce, chairman of Howard University, where he graduated servation efforts a level headed, rea- the Appalachian Artisan Center, treas- magna cum laude 4 years later. sonable, thoughtful approach that urer of the Kentucky Historical Soci- In 1940, George Leighton joined the helped move all the parties beyond the ety Foundation, and vice chairman and United States Army’s 93rd Infantry Di- type of knee-jerk ideology that too board member of the Christian Appa- vision. When he returned to the United often results in gridlock. lachian Project Board. He also served States after the war, he was accepted Bill has also been an important ally for 15 years on the Paintsville City at Harvard Law School. He graduated in many national debates about Fed- Council, 6 years on the Paintsville from Harvard and passed the Illinois eral public lands ranging from our en- Independent School Board, and on a State Bar Examination. ergy policy to management of healthy number of committees for Big Sandy He then moved to Chicago because he forests to the protection of iconic wild Community & Technical College. was impressed that Chicago had elected lands like the Arctic National Wildlife Mr. Dorton is also an active member an African American congressman, Refuge. He and his organization were of the First United Methodist Church William Dawson. He set up a law prac- influential in the Clinton Administra- in Paintsville, and has volunteered on tice next to the old Comiskey Park on tion’s establishment of the Roadless missions to Belize and Costa Rica to Chicago’s South Side. And he began Rule, which helps protect nearly 60 help build church and school buildings. fighting courageously to break down million acres of our most pristine na- He has taught personal financial man- barriers of racial discrimination in vot- tional forests. agement courses at his church, and ing, housing and education. He has always been willing to meet even taught at local elementary In 1949, George Leighton became an with his opponents. At a time when schools on subjects as varied as wood- Assistant Illinois Attorney General. many conservationists were at odds working, banjos, and folk art. When he advised one group of African- with the George W. Bush administra- Dennis and his wife, Jean, have a son, Americans that the law did not pro- tion, Bill was able to establish and Andrew Trigg Dorton, who is married hibit them from moving to the Cicero maintain a working relationship with to Stephanie Stumbo. Dennis and Jean neighborhood, an all-white neighbor- the Undersecretary for Natural Re- are the grandparents of Tristan An- hood at the time, race riots erupted. sources in the Department of Agri- drew and Ashton Warren. I am sure Judge Leighton was indicted for incit- culture. This big tent approach to con- Dennis’s family is very proud of him ing the riot. An up-and-coming lawyer servation is one of the things that and all that he has accomplished. named Thurgood Marshall came to the make Bill exceptional. He is further At this time I ask my U.S. Senate defense of Judge Leighton, argued the distinguished by his ability to clearly colleagues to join me in commemo- case, and the indictment was dis- understand the dynamics of national rating Mr. Dennis T. Dorton for his missed. and local politics without becoming decades of work and service to his In 1964, Mayor Daley asked Leighton cynical or losing his integrity. Thank loved ones, his employer, his commu- to run for circuit court judge, and he you, Bill, for your tremendous service nity, and the Commonwealth. He has won the election in a landslide. He then as an extraordinary conservation lead- set a remarkable example to follow for moved into his office at 26th and Cal, er. those who know him. I congratulate the Cook County Criminal Courts f him on his successes and wish him well Building. upon his retirement. In 1969, Judge Leighton was ap- TRIBUTE TO DENNIS T. DORTON f pointed to the First District Appellate Mr. MCCONNELL. Mr. President, I Court of Illinois, where he served as rise today to pay tribute to a good TRIBUTE TO JUDGE GEORGE the first African-American judge on friend of mine and a good friend to the LEIGHTON the Illinois Court of Appeals. Six years Commonwealth of Kentucky, Mr. Den- Mr. DURBIN. The Cook County later, he was nominated by President nis T. Dorton. After a successful, life- Criminal Courts Building in Chicago is Gerald Ford to serve as U.S. District long career in banking culminating in an imposing building at the intersec- court judge for the Northern District of his service as president and chief exec- tion of 26th Street and California Ave- Illinois. utive officer at Citizens National Bank, nue that has long been known by its George Leighton has been a life-long Mr. Dorton will retire this month. address: 26th and Cal. Last month, the champion of civil rights and equality.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11226 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 There is no more fitting a tribute than the hands of officials whose extended on ‘‘lost’’ Hungarian territories—ap- to name the building in which Judge terms of office will allow them to long parently the rationale for displaying Leighton first began practicing law outlive this government and the next. an 1848 map of Greater Hungary during some 66 years ago in his honor. These include the public prosecutor, Hungary’s EU presidency last year. In Judge Leighton contributed to our head of the state audit office, head of this way, the government is effectively understanding of justice. He stood up the national judicial office, and head of advancing central elements of the to powerful interests in defense of the the media board. Those who have ex- agenda of the extremist, anti-Semitic, truth and did not bend to pressure or pressed concerns about these develop- anti-Roma Jobbik party. Moreover, im- prejudice in his pursuit of justice. He ments have good reason to be alarmed. plicitly—but unmistakably—it is send- served the people of Illinois and the I am particularly concerned about ing the message that Hungary is no citizens of the United States proudly the independence of the judiciary longer a civic state where political throughout his tenure on the bench. which, it was reported this week, will rights such as voting derive from citi- I thank Judge George Leighton for be the subject of infringement pro- zenship, but where citizenship derives his service and join the Chicago com- ceedings launched by the European from one’s ethnic status or blood iden- munity in congratulating him on this Commission, and Hungary’s new media tity. new honor. law. Although there have been some The most recent manifestation of f cosmetic tweaks to the media law, the this revisionism includes efforts to re- OSCE Representative on Freedom of habilitate convicted war criminal Al- HUNGARY the Media has argued that it remains bert Wass and the bizarre spectacle of Mr. CARDIN. Mr. President, a year highly problematic. Indeed, one expert the Hungarian government’s role in a ago, I shared with my colleagues con- has predicted that the most likely out- ceremony in neighboring Romania— cerns I had about the trajectory of de- come of the new law will be to squeeze over the objections of that country— mocracy in Hungary. Unfortunately, out reporting on corruption. honoring fascist writer and ideologue since then Hungary has moved ever far- Hungary also adopted a new law on Joszef Nyiro. That event effectively ther away from a broad range of norms religion last year that had the stun- saw the Speaker of the Hungarian Par- relating to democracy and the rule of ning effect of stripping hundreds of re- liament, Laszlo Kover; the Hungarian law. ligions of their legal recognition en State Secretary for Culture, Geza On June 6, David Kramer, the Presi- masse. Of the 366 faiths which pre- Szocs; and Gabor Vona, the leader of dent of Freedom House who served as viously had legal status in Hungary, Hungary’s most notoriously extremist Assistant Secretary of State for De- only 14 were initially granted recogni- party, Jobbik, united in honoring mocracy, Human Rights and Labor for tion under the new law. Remarkably, Nyrio. Several municipalities have now President George W. Bush, summed up the power to decide what is or is not a seen fit to erect statues honoring the situation. Releasing Freedom religion is vested entirely and exclu- Miklos Horthy, Hungary’s wartime House’s latest edition of Nations in sively in the hands of the legislature, leader, and the writings of Wass and Transit Kramer said: ‘‘Hungarian making it a singularly politicized and Nyiro have been elevated onto the na- Prime Minister Viktor Orba´ n and arbitrary process. Of 84 churches that tional curriculum. Ukrainian president Viktor subsequently attempted to regain legal It is not surprising that this climate Yanukovych, under the pretext of so- recognition, 66 were rejected without of intolerance and revisionism has gone called reforms, have been systemati- any explanation or legal rationale at hand-in-hand with an outbreak of in- cally breaking down critical checks all. The notion that the new frame- tolerance, such as the antiSemitic and balances. They appear to be pur- work should be acceptable because the verbal assaults on a 90-year old Rabbi suing the ‘Putinization’ of their coun- faiths of most Hungarian citizens are and on a journalist, an attack on a syn- tries.’’ recognized is poor comfort for the mi- agogue menorah in Nagykanizsa, the The report further elaborates, ‘‘Hun- nority who find themselves the victims vandalism of a Jewish memorial in Bu- gary’s precipitous descent is the most of this discriminatory process. This dapest and monuments honoring Raoul glaring example among the newer Eu- law also stands as a negative example Wallenberg, the Blood Libel screed by a ropean Union (EU) members. Its dete- for many countries around the world Jobbik MP just before Passover, and rioration over the past five years has just now beginning tenuous movement the recent revelation that a Jobbik MP affected institutions that form the bed- towards democracy and human rights. requested—and received—a certificate rock of democratically accountable Finally, a year ago, I warned that from a genetic diagnostic company at- systems, including independent courts ‘‘[i]f one side of the nationalism coin is testing that the MP did not have Jew- and media. Hungary’s negative trajec- an excessive fixation on Hungarian eth- ish or Romani ancestry. tory predated the current government nic identity beyond the borders, the We are frequently told that Fidesz is of Prime Minister Viktor Orba´ n, but other side is intolerance toward mi- the party best positioned in Hungary his drive to concentrate power over the norities at home.’’ I am especially con- to guard against the extremism of past two years has forcefully propelled cerned by an escalation of anti-Semitic Jobbik. At the moment, there seems to the trend.’’ acts which I believe have grown di- be little evidence to support that Perhaps the most authoritative voice rectly from the government’s own role claim. The campaign to rehabilitate regarding this phenomenon is the in seeking to revise Hungary’s past. fascist ideologues and leaders from Prime Minister himself. In a February Propaganda against the 1920 Treaty World War II is dangerous and must 2010 speech, Viktor Orba´ n criticized a of Trianon, which defines the current stop. Ultimately, democracy and the system of governance based on plu- borders of Hungary, has manifested rights of minorities will stand or fall ralism and called instead for: ‘‘a large itself in several ways. Most concretely, together. centralized political field of power . . . the Hungarian government extended Hungary is not just on the wrong designed for permanently governing.’’ citizenship on the basis of ethnic or track, it is heading down a dangerous In June of last year, he defended his blood identity—something the govern- road. The rehabilitation of disgraced plan to cement economic policy in so- ment of Viktor Orba´ n promised the World War II figures and the exaltation called cardinal laws, which require a Council of Europe in 2001 that it would of blood and nation reek of a different two-thirds vote in parliament to not do and which failed to win popular era, which the community of democ- change, by saying, ‘‘It is no secret that support in a 2004 referendum. Second, racies—especially Europe—had hoped in this respect I am tying the hands of the government extended voting rights was gone for good. Today’s Hungary the next government, and not only the to these new ethnic citizens in coun- demonstrates that the battle against next one but the following ten.’’ tries including Romania, Serbia, Slo- the worst human instincts is never Checks and balances have been erod- vakia and Ukraine. This has combined fully won but must be fought in every ed and power has been concentrated in with a rhetorical and symbolic fixation generation.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11227 YUKOS OIL COMPENSATION U.S. Senator. line. Colonel Anderson led the district Mr. INHOFE. Mr. President, Russia’s SCOTT BROWN, as it responded to the Nation’s Base U.S. Senator. weak rule of law is bad for the people Realignment and Closure 2005 mission, of Russia, of course, but it also harms f which brought a $7.2 billion construc- American citizens. As Congress con- ADDITIONAL STATEMENTS tion and engineering effort to the Na- siders legislation directed at strength- tional Capital Region. ening human rights and the rule of law During his career he has served as in Russia, we also should address the TRIBUTE TO JACK BOOKTER the commander of the Honolulu Dis- trict and two tours as a legislative as- economic impact on Americans, includ- ∑ Mrs. BOXER. Mr. President, today I ing those Americans who are owed $12 sistant, including one tour as the legis- am honored to pay tribute to Jack lative assistant to the Vice Chief of billion when Yukos Oil, in which they Bookter for his 45 years of extraor- held 15 percent of its stock, was expro- Staff of the Army, and one tour as the dinary service to the International priated by the Russia Government. To legislative assistant to the Secretary Brotherhood of Teamsters in San Fran- date, none of the American owners of of the Army. cisco. Throughout his career, Mr. Yukos caught up in Russia’s re- Colonel Anderson’s dedication to Bookter has worked to ensure that the nationalization of this company has re- duty, loyalty to the Nation, and per- workers represented by his union have ceived any compensation for this un- sonal engagement with soldiers, civil- received just compensation under fair lawful taking. And without a bilateral ian personnel, and the public will be working conditions. investment treaty, BIT, with Russia, positively felt for years to come. His After serving in the U.S. Navy and as the only recourse available to U.S. in- selfless service is in keeping with the a police officer in San Bruno, CA, Jack vestors is for our State Department to highest traditions of the Corps of Engi- espouse the case of its wronged citi- became a driver for United Parcel neers. zens. I support this course of action, Service, UPS, where he also served as a Kara Anderson, Colonel Anderson’s and I ask unanimous consent to have shop steward who represented the in- wife of 24 years, and his three children, terests of his fellow drivers. For the printed in the RECORD a letter I wrote also warrant our thanks. In addition to past 36 years, he has served as sec- with Senator SCOTT BROWN to Sec- her unfailing support for her husband, retary Clinton last October 27, 2011, retary treasurer for Teamsters Local she has played an active role in every that addresses this issue. 278, which later became Local 2785. military community that Colonel An- There being no objection, the mate- Jack Bookter has also served as chair- derson’s career has taken him. The en- rial was ordered to be printed in the man of the UPS Western Region Griev- tire family has made important sac- RECORD, as follows: ance Panel and as a member of the pol- rifices for our Nation and they, too, de- icy committee representing the Team- U.S. SENATE, serve our thanks. Washington, DC, October 27, 2011. sters Joint Council 7 at the California I ask my colleagues to join me today Hon. HILLARY RODHAM CLINTON, Teamsters Public Affairs Council. in recognizing the contributions Colo- Secretary of State, Department of State, C Mr. Bookter is part of a long and nel Anderson has made to the U.S. Street, NW., Washington, DC. proud tradition of union leaders who Army Corps of Engineers, Baltimore DEAR MADAM SECRETARY: We are writing fight to give workers and their families District and wish him and his family to ask that you seek compensation from the rights and opportunities they need Russia on behalf of hundreds of thousands of well in his retirement.∑ to achieve the American dream. U.S. investors who have lost approximately f $12 billion as a result of Russia’s expropria- I join Mr. Bookter’s friends and col- tion of Yukos Oil Company. With all other leagues in celebrating his career and CONGRATULATING 2012 OLYMPIC avenues exhausted for American investors, much deserved retirement. I wish him QUALIFIERS only espousal by the United States can help well in this next chapter of his life, and ∑ Mr. HELLER. Mr. President, today I to bring this matter to an appropriate reso- I hope that he enjoys many more years wish to extend well-deserved congratu- lution. of happiness with his wife Yvonne, as American investors collectively owned ap- lations to four Nevadans who have proximately 15 percent of Yukos at the time well as his daughters, Cathy, Jill, and earned the unique distinction of being the Russian authorities began dismantling Yvette.∑ named to the 2012 United States Olym- the company. The American investors in f pic Team. Amanda Bingson, Jake Dal- Yukos included several public pension funds ton, Connor Fields, and Michael Hunter and more than 70 institutional investors in TRIBUTE TO COLONEL DAVID E. will be competing in hammer throw, at least 17 States. There also were over 20,000 ANDERSON gymnastics, BMX, and boxing at the individual American investors who owned ∑ Yukos shares directly, in addition to the Mr. CARDIN. Mr. President, today I Olympic Games in London. I am proud hundreds of thousands who owned shares in- wish to recognize Colonel David E. An- to recognize some of our nation’s directly through mutual funds. derson who will complete his 3-year greatest athletes and members of Team These investors have valid claims against tour of duty as commander and district USA who will represent the Silver Russia under international law, but they engineer of the Baltimore District, State proudly. have no mechanism to assert these claims Army Corps of Engineers, on July 20, A Silverado High School alumni and because there is no bilateral investment 2012. Colonel Anderson will officially UNLV sophomore, Amanda Bingson, treaty (BIT) in force between the United States and Russia. Other foreign owners of retire from the United States Army finished second in the hammer throw Yukos have been able to initiate BIT claims, Corps of Engineers at the end of the at the U.S. Olympic Trials in Eugene, and a UK investor recently won such a case. year. Colonel Anderson’s career has Oregon. An ambitious athlete, she is a In a unanimous decision, the arbitrators in spanned 26 years of service where he three-time Mountain West hammer- the UK case concluded that Russia had ex- has led both mechanized and airborne throw champion, two-time national propriated Yukos and that compensation was combat engineer units as well as com- All-American honoree, and recently set due. In June 2008, American investors formally manding two USACE districts. a new UNLV hammer throw record. petitioned the State Department to under- Colonel Anderson excelled as the Jake Dalton, a 2009 graduate of Span- take government-to-government negotia- commander of the Baltimore District ish Spring High School, took victories tions with Russia. We respectfully ask that in the North Atlantic Division. He di- in the floor exercise and vault in a you espouse the claims of these Americans rected the successful operation of flood combined points total from the VISA and seek payment from the Government of risk mitigation, hurricane protection, Championships and the Olympic Trials. Russia as soon as possible. environmental restoration, Federal He joins the rest of Team USA in the Thank you for your consideration of our concerns. We look forward to hearing from navigation and other water resource hopes of winning gold, a feat that has you. work within a 49,000 square mile area not been secured by men’s gymnastics Sincerely, and along 7,000 miles of the Chesapeake since 1984. Jake has won 4 individual JAMES M. INHOFE, Bay’s environmentally sensitive shore- NCAA titles, 13 All-American honors,

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11228 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 and is believed to be Nevada’s first day of his life.’’ Based on his rescue RECOGNIZING PAT BATEMAN male gymnast to make the Olympic record, lifesaving awards, medal of ex- ∑ Mr. RUBIO. Mr. President, today I team. cellence, and the tremendous words of recognize Pat Bateman, a spring intern Green Valley High School alumni, praise from his family and coworkers, I in my Washington, DC office, for all of Connor Fields, won the U.S. Men’s believe his mother’s description is per- the hard work he has done for me, my BMX Time Trials in Chula Vista, Cali- fect. staff and the people of the State of Aaron will be remembered as a man fornia, earning a place on the three- Florida. of many hats. He is survived by his man team for the 2012 London Games. Pat is a graduate of the University of wife Kristie and sons Austin, 7, and This 19-year-old southern Nevada na- Sydney, where he double-majored in twins Derek and Preston, 4. They will tive is the first rider in BMX law and government and international remember him as a loving husband and supercross history to win three relations. He is a dedicated and dili- straight World Cup final races. father. His brother Arik remembers him as a hero, recalling the countless gent worker who has been devoted to Michael Hunter, Las Vegas heavy- getting the most out of his internship weight boxer, qualified for this sum- phone calls they shared in which Aaron provided a play-by-play account of his experience. mer’s London Games with a semifinal I would like to extend my sincere victory in the AIBA Americas Olympic latest rescue. His parents remember him as a clever practical joker. As a thanks and appreciation to Pat for all Qualifying Tournament in Rio de Ja- the fine work he has done and wish him neiro. A three-time national champion, child he once tricked a group of neigh- borhood boys into performing his continued success in the years to encouragement from Michael’s family come.∑ has always been paramount to reaching loathed chore of stacking wood by tell- his Olympic dream. ing them how much fun it would be. f I wish Amanda, Jake, Connor, and His mother lovingly remembers how he RECOGNIZING MEG C. HAMBY watched them do it for him with a sly Michael the best of luck in London this ∑ summer and look forward to watching smile, periodically expressing how Mr. RUBIO. Mr. President, today I them compete. I ask my colleagues to much he would love to be stacking recognize Meg Casscells-Hamby, a sum- join me in congratulating these four wood too. His coworkers and friends re- mer intern in my Washington, DC of- remarkable athletes as we show our member him as a genius who could fix fice, for all of the hard work she has pride and support for entire the U.S. anything, from neighbors’ broken elec- done for me, my staff and the people of Olympics Team.∑ tronics to highway patrol communica- the State of Florida. tions equipment. Aaron was even able Meg is a graduate of Trinity Pre- f to perform the necessary maintenance paratory High School in Winter Park, REMEMBERING TROOPER AARON on the patrol’s air fleet, saving the de- FL. Currently, she is a sophomore at BEESLEY partment thousands of dollars. His col- Harvard University interested in psy- ∑ Mr. LEE. Mr. President, on June 30, league Steve Winward remembers him chology. She is a dedicated and dili- Trooper Aaron Beesley responded to a as an inventor, designing cell phone ap- gent worker who has been devoted to call to rescue two teenagers stranded plications for helicopter flight naviga- getting the most out of her internship on Mount Olympus in the Wasatch tion and field sobriety tests. experience. Mountains near Salt Lake City. As a Mr. President, I pay tribute today to I would like to extend my sincere part of the search and rescue helicopter Aaron Beesley not simply to mourn his thanks and appreciation to Meg for all unit, he helped load the two teenagers loss but to celebrate his life, his will- the fine work she has done and wish into the helicopter, ensuring their own ingness to perform his duty and serve her continued success in the years to safety before his own. When the heli- others. Sharon and I extend our condo- come.∑ copter pilot had secured the hikers, he lences to Kristie, Austin, Derek and f went back for Trooper Beesley, only to Preston and praise them for their cour- RECOGNIZING CHARLES C. DAVIS find that he had fallen down the 60-foot age at this difficult time. Aaron truly III cliff face. A hero fell from Mount remembered service before self, as do Olympus. Someone once said, ‘‘A hero all who wake up every morning pre- ∑ Mr. RUBIO. Mr. President, today I is always remembered, but legends pared to give their lives for those they recognize Charles Carlton Davis III, a never die.’’ Aaron Beesley woke up serve. I pray that his family, friends, summer intern in my Washington, DC that morning already a hero in every and loved ones may feel an outpouring office, for all of the hard work he has sense of the word, and he fell that of love and support from grateful citi- done for me, my staff and the people of night into legend, a legend of service zens around the country and that they the State of Florida. may forever remember Aaron with the and sacrifice that will live far beyond Chad is a graduate of Jesuit High tremendous pride his legacy deserves.∑ his mortality. School in Tampa, FL. Currently he is a His mother recalled that from the f junior at the University of Florida ma- age of 5 Aaron had aspired to be a fire- RECOGNIZING BRYAN ALMEIDA joring in political science and minoring in history and religion. He is a dedi- fighter. His greatest ambition was to ∑ Mr. RUBIO. Mr. President, today I cated and diligent worker who has been protect others from harm and danger. recognize Bryan Almeida, a spring He attended the police academy after press intern in my Washington, DC of- devoted to getting the most out of his serving a LDS mission in Oakland, CA, fice, for all of the hard work he has internship experience. and was then hired by the Utah High- done for me, my staff and the people of I would like to extend my sincere way Patrol. There he committed to the State of Florida. thanks and appreciation to Charles for ‘‘face danger with confidence, resolu- Bryan is a graduate of Belen Jesuit all the fine work he has done and wish tion and bravery’’ and to ‘‘meet the Preparatory School in Miami, FL. Cur- him continued success in the years to service needs of everyone encoun- rently, he is a sophomore at The come.∑ tered.’’ These principles were a part of George Washington University major- f Aaron’s nature long before he became a ing in political communications. He is RECOGNIZING CLAY MCADAM trooper. He may have fallen in the line a dedicated and diligent worker who DAVIS of duty, but for him, this duty was his has been devoted to getting the most life. He saw the world through the lens out of his internship experience. ∑ Mr. RUBIO. Mr. President, today I of a hero, constantly seeking opportu- I would like to extend my sincere recognize Clay McAdam Davis, a sum- nities to help and serve others long thanks and appreciation to Bryan for mer intern in my Washington, DC of- after the workday ended. At his funeral all the fine work he has done and wish fice, for all of the hard work she has service, Aaron’s mother Laretta him continued success in the years to done for me, my staff and the people of Beesley said, ‘‘Aaron was a hero every come.∑ the State of Florida.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.000 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11229 Clay is a senior at the University of all the fine work she has done and wish fice, for all of the hard work she has Virginia majoring in American studies her continued success in the years to done for me, my staff and the people of and minoring in sociology. She is a come.∑ the State of Florida. dedicated and diligent worker who has f Cristina is a junior at Georgetown been devoted to getting the most out of University majoring in international her internship experience. RECOGNIZING HUNTER GAYLOR history. She is a dedicated and diligent I would like to extend my sincere ∑ Mr. RUBIO. Mr. President, today I worker who has been devoted to get- thanks and appreciation to Clay for all recognize Hunter Gaylor, a summer in- ting the most out of her internship ex- the fine work she has done and wish tern in my Washington, DC office, for perience. her continued success in the years to all of the hard work he has done for I would like to extend my sincere come.∑ me, my staff and the people of the thanks and appreciation to Cristina for f State of Florida. all the fine work she has done and wish her continued success in the years to RECOGNIZING ARREN DELATORRE Hunter is a graduate of Florida Air Academy in Melbourne, FL. He is a come.∑ ∑ Mr. RUBIO. Mr. President, today I senior at Harvard University majoring f recognize Arren Delatorre, a summer in government. He is a dedicated and intern in my Washington, DC office, for diligent worker who has been devoted RECOGNIZING JAZMIN HERNANDEZ all of the hard work she has done for to getting the most out of his intern- ∑ Mr. RUBIO. Mr. President, today I me, my staff and the people of the ship experience. recognize Jazmin Hernandez, an intern State of Florida. I would like to extend my sincere in my Doral, FL office, for all of the Arren is a graduate of Sandalwood thanks and appreciation to Hunter for hard work she has done for me, my High School in Jacksonville, FL. Cur- all the fine work he has done and wish staff and the people of the State of rently she is a sophomore at the Uni- him continued success in the years to Florida. versity of Florida majoring in adver- come.∑ Jazmin is a sophomore at the Florida tising. She is a dedicated and diligent f International University in Miami. She worker who has been devoted to get- is a dedicated and diligent worker who ting the most out of her internship ex- RECOGNIZING MARY C. GILLIGAN has been devoted to getting the most perience. ∑ Mr. RUBIO. Mr. President, today I out of her internship experience. I would like to extend my sincere recognize Mary Catherine Gilligan, a I would like to extend my sincere thanks and appreciation to Arren for spring intern in my Washington, DC of- thanks and appreciation to Jazmin for all the fine work she has done and wish fice, for all of the hard work she has all the fine work she has done and wish her continued success in the years to her continued success in the years to ∑ done for me, my staff and the people of come. the State of Florida. come.∑ f Mary Catherine attends The George f RECOGNIZING BILLY DONOVAN Washington University where she is majoring in International Affairs with RECOGNIZING MICHAEL HOFFMAN ∑ Mr. RUBIO. Mr. President, today I a concentration in conflict resolution. ∑ recognize Billy Donovan, a summer in- Mr. RUBIO. Mr. President, today I She is a dedicated and diligent worker tern in my Washington, DC office, for recognize Michael Hoffman, an intern who has been devoted to getting the all of the hard work he has done for in my Miami, FL office, for all of the most out of her internship experience. me, my staff and the people of the hard work he has done for me, my staff I would like to extend my sincere State of Florida. and the people of the State of Florida. thanks and appreciation to Mary Cath- Billy is a graduate of Saint Francis Michael is a graduate of Stoneman erine for all the fine work she has done High School in Gainesville, FL. Cur- Douglas High School in Parkland, Fl. and wish her continued success in the rently he is a junior at the University He received his Bachelor’s Degree in years to come.∑ of Florida majoring in political political science and international re- science. He is a dedicated and diligent f lations from the University of Central Florida in Orlando, FL. He is a dedi- worker who has been devoted to get- RECOGNIZING RACHEL GROCOCK ting the most out of his internship ex- cated and diligent worker who has been perience. ∑ Mr. RUBIO. Mr. President, today I devoted to getting the most out of his I would like to extend my sincere recognize Rachel Grocock, a summer internship experience. thanks and appreciation to Billy for all intern in my Washington, DC office, for Michael is a Veteran of the U.S. the fine work he has done and wish him all of the hard work she has done for Navy. He served 3 years in Japan in a continued success in the years to me, my staff and the people of the F18 squadron and deployed on the USS come.∑ State of Florida. Kitty Hawk. He then spent 1 year in Rachel is a graduate of Winter Park Afghanistan as an individual f High School in Winter Park, FL. Cur- Augmentee and as a Combat Master RECOGNIZING LAUREN FIELDS rently she is a junior at Georgetown Driver for U.S. Forces. Michael was ∑ Mr. RUBIO. Mr. President, today I University majoring in international awarded two Navy and Marines Corps recognize Lauren Fields, a summer in- politics with a concentration in inter- achievement medals and a Joint Serv- tern in my Washington, DC office, for national security. She is a dedicated ice Commendation Medal as well as nu- all of the hard work she has done for and diligent worker who has been de- merous other campaign medals. Also, me, my staff and the people of the voted to getting the most out of her in- in 2006, Michael was honored as Spe- State of Florida. ternship experience. cific Fleet Filler of the Year. Lauren is a graduate of the I would like to extend my sincere I would like to extend my sincere Carrollton School of the Sacred Heart thanks and appreciation to Rachel for thanks and appreciation to Michael for in Miami, FL. Currently, she is a jun- all the fine work she has done and wish all the fine work he has done and wish ior at Johns Hopkins University major- her continued success in the years to him continued success in the years to ing in international studies with a con- come.∑ come.∑ centration in foreign relations. She is a f f dedicated and diligent worker who has been devoted to getting the most out of RECOGNIZING CRISTINA HACKLEY RECOGNIZING RANDALL JUDT her internship experience. ∑ Mr. RUBIO. Mr. President, today I ∑ Mr. RUBIO. Mr. President, today I I would like to extend my sincere recognize Cristina Hackley, a summer recognize Randall Judt, a spring intern thanks and appreciation to Lauren for press intern in my Washington, DC of- in my Washington, DC office, for all of

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11230 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 the hard work he has done for me, my to getting the most out of his tern in my Washington, DC office, for staff and the people of the State of externship experience. all of the hard work he has done for Florida. I would like to extend my sincere me, my staff and the people of the Randall is a graduate of Stetson Uni- thanks and appreciation to Carlos for State of Florida. versity in Deland, FL, where he ma- all the fine work he has done and wish Shawn is a graduate of Durant High jored in political science. He recently him continued success in the years to School in Plant City, FL. Currently, he graduated from George Mason Univer- come.∑ is a junior at the United States Mili- sity with his master’s degree in inter- f tary Academy majoring in American national commerce and policy. He is a politics and minoring in terrorism dedicated and diligent worker who has RECOGNIZING STEVE NELSON studies. He is a dedicated and diligent been devoted to getting the most out of ∑ Mr. RUBIO. Mr. President, today I worker who has been devoted to get- his internship experience. recognize Steve Nelson, a spring intern ting the most out of his internship ex- I would like to extend my sincere in my Washington, DC office, for all of perience. thanks and appreciation to Randall for the hard work he has done for me, my I would like to extend my sincere all the fine work he has done and wish staff and the people of the State of thanks and appreciation to Shawn for him continued success in the years to Florida. all the fine work he has done and wish come.∑ Steve is a graduate of the United him continued success in the years to States Military Academy, where he ∑ f come. majored in Middle Eastern area stud- f RECOGNIZING LUKE KILLAM ies. He is a dedicated and diligent ∑ Mr. RUBIO. Mr. President, today I worker who has been devoted to get- RECOGNIZING NICHOLAS SCHER recognize Luke Killam, a summer in- ting the most out of his internship ex- ∑ Mr. RUBIO. Mr. President, today I tern in my Washington, DC office, for perience recognize Nicholas Scher, a summer in- all of the hard work he has done for I would like to extend my sincere tern in my Washington, DC office, for me, my staff and the people of the thanks and appreciation to Steve for all of the hard work he has done for State of Florida. all the fine work he has done and wish me, my staff and the people of the Luke is a graduate of Northview High him continued success in the years to State of Florida. ∑ School in Century, FL. Currently he is come. Nick is a graduate of Christopher Co- a senior at the University of Florida f lumbus High School in Miami, FL. Cur- majoring in civil engineering. He is a RECOGNIZING SARAH POTTER rently he is a senior at Florida State dedicated and diligent worker who has University majoring in political ∑ been devoted to getting the most out of Mr. RUBIO. Mr. President, today I science and english with a concentra- his internship experience. recognize Sarah Potter, a spring intern tion in literature. He is a dedicated and I would like to extend my sincere in my Washington, DC office, for all of diligent worker who has been devoted thanks and appreciation to Luke for all the hard work she has done for me, my to getting the most out of his intern- the fine work he has done and wish him staff and the people of the State of ship experience. continued success in the years to Florida. I would like to extend my sincere come.∑ Sarah is a junior at the George Wash- thanks and appreciation to Nick for all ington University majoring in political f the fine work he has done and wish him science and anthropology. She is a continued success in the years to RECOGNIZING BROOKE MCBATH dedicated and diligent worker who has come.∑ been devoted to getting the most out of ∑ Mr. RUBIO. Mr. President, today I her internship experience. f recognize Brooke McBath, a spring in- I would like to extend my sincere RECOGNIZING JAMES WILLIAMS tern in my Washington, DC office, for thanks and appreciation to Sarah for ∑ all of the hard work she has done for all the fine work she has done and wish Mr. RUBIO. Mr. President, today I me, my staff and the people of the him continued success in the years to recognize James Williams, a spring in- State of Florida. come.∑ tern in my Washington, DC office, for Brooke is a graduate of the Univer- all of the hard work he has done for sity of Miami, where she majored in f me, my staff and the people of the English and minored in psychology. RECOGNIZING JOANNA RODRIGUEZ State of Florida. She is a dedicated and diligent worker ∑ Mr. RUBIO. Mr. President, today I James is a graduate of Gulliver Pre- who has been devoted to getting the recognize Joanna Rodriguez, a press in- paratory School in Miami, FL. Cur- most out of her internship experience. tern in my Washington, DC office, for rently, he is a senior at Catholic Uni- I would like to extend my sincere all of the hard work she has done for versity of America majoring in politics thanks and appreciation to Brooke for me, my staff and the people of the and minoring in philosophy and the- all the fine work she has done and wish State of Florida. ology. He is a dedicated and diligent her continued success in the years to Joanna is a graduate of Our Lady of worker who has been devoted to get- come.∑ Lourdes Academy in Coral Gables, FL. ting the most out of his internship ex- f Currently, she is a junior at The perience. George Washington University major- I would like to extend my sincere RECOGNIZING CARLOS MORALES ing in political communications. She is thanks and appreciation to James for ∑ Mr. RUBIO. Mr. President, today I a dedicated and diligent worker who all the fine work he has done and wish recognize Carlos Morales, a spring law has been devoted to getting the most him continued success in the years to extern in my Washington, DC office, out of her internship experience. come.∑ for all of the hard work he has done for I would like to extend my sincere f me, my staff and the people of the thanks and appreciation to Joanna for State of Florida. all the fine work she has done and wish RECOGNIZING CASSIE ZABALO Carlos is a graduate of Kings High her continued success in the years to ∑ Mr. RUBIO. Mr. President, today I School in Tampa, FL and the Univer- come.∑ recognize Cassie Zabalo, an intern in sity of Florida, where he majored in f my Doral, FL office, for all of the hard history. Currently, he is in his third work she has done for me, my staff and year at the George Washington Univer- RECOGNIZING SHAWN ROGERS the people of the State of Florida. sity Law School. He is a dedicated and ∑ Mr. RUBIO. Mr. President, today I Cassie is a senior at the Florida diligent worker who has been devoted recognize Shawn Rogers, a summer in- International University in Miami, FL

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11231 majoring in political science with President of the Senate on July 10, 2012; to for the 1997 8-Hour Ozone National Ambient hopes of attending law school. She is a the Committee on Agriculture, Nutrition, Air Quality Standard’’ (FRL No. 9697–9) re- dedicated and diligent worker who has and Forestry. ceived in the Office of the President of the Senate on July 10, 2012; to the Committee on been devoted to getting the most out of EC–6826. A communication from the Direc- tor of the Regulatory Management Division, Environment and Public Works. her internship experience. Environmental Protection Agency, transmit- EC–6835. A communication from the Direc- I would like to extend my sincere ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, thanks and appreciation to Cassie for titled ‘‘Dicloran and Formetanate; Tolerance Environmental Protection Agency, transmit- all the fine work she has done and wish Actions’’ (FRL No. 9353–7) received in the Of- ting, pursuant to law, the report of a rule en- her continued success in the years to fice of the President of the Senate on July titled ‘‘Approval and Promulgation of Air Quality Implementation Plans; Pennsyl- come.∑ 10, 2012; to the Committee on Agriculture, Nutrition, and Forestry. vania; Nonattainment New Source Review; f EC–6827. A communication from the Direc- Fine Particulate Matter (PM2.5)’’ (FRL No. 9698–2) received in the Office of the President MESSAGES FROM THE PRESIDENT tor of the Regulatory Management Division, Environmental Protection Agency, transmit- of the Senate on July 10, 2012; to the Com- mittee on Environment and Public Works. Messages from the President of the ting, pursuant to law, the report of a rule en- EC–6836. A communication from the Direc- United States were communicated to titled ‘‘Methoxyfenozide; Pesticide Toler- tor of the Regulatory Management Division, the Senate by Mr. Pate, one of his sec- ances’’ (FRL No. 9354–1) received in the Of- Environmental Protection Agency, transmit- retaries. fice of the President of the Senate on July ting, pursuant to law, the report of a rule en- 10, 2012; to the Committee on Agriculture, f titled ‘‘Delegation of National Emission Nutrition, and Forestry. Standards for Hazardous Air Pollutants for EXECUTIVE MESSAGES REFERRED EC–6828. A communication from the Direc- Source Categories; Gila River Indian Com- tor of the Regulatory Management Division, munity’’ (FRL No. 9698–7) received in the Of- As in executive session the Presiding Environmental Protection Agency, transmit- fice of the President of the Senate on July Officer laid before the Senate messages ting, pursuant to law, the report of a rule en- 10, 2012; to the Committee on Environment from the President of the United titled ‘‘Sulfentrazone; Pesticide Tolerances’’ and Public Works. States submitting sundry nominations (FRL No. 9353–8) received in the Office of the EC–6837. A communication from the Direc- which were referred to the appropriate President of the Senate on July 10, 2012; to tor of the Regulatory Management Division, committees. the Committee on Agriculture, Nutrition, Environmental Protection Agency, transmit- and Forestry. (The messages received today are ting, pursuant to law, the report of a rule en- EC–6829. A communication from the Direc- titled ‘‘Final Authorization of State-initi- printed at the end of the Senate pro- tor of the Regulatory Management Division, ated Changes and Incorporation by Reference ceedings.) Environmental Protection Agency, transmit- of Approved State Hazardous Waste Manage- f ting, pursuant to law, the report of a rule en- ment Program’’ (FRL No. 9694–7) received in titled ‘‘Pasteuria spp. (Rotylenchulus the Office of the President of the Senate on MESSAGE FROM THE HOUSE reniformis nematode)—Pr3; Exemption from July 10, 2012; to the Committee on Environ- At 9:59 a.m., a message from the the Requirement of a Tolerance’’ (FRL No. ment and Public Works. 9353–5) received in the Office of the President EC–6838. A communication from the Acting House of Representatives, delivered by of the Senate on July 10, 2012; to the Com- Secretary of Commerce, transmitting, pursu- Mrs. Cole, one of its reading clerks, an- mittee on Agriculture, Nutrition, and For- ant to law, the annual report on the activi- nounced that the House has passed the estry. ties of the U.S. Economic Development Ad- following bill, in which it requests the EC–6830. A communication from the Sec- ministration (EDA), Department of Com- concurrence of the Senate: retary of Energy, transmitting, pursuant to merce, for fiscal year 2011; to the Committee 42 U.S.C. 2286e, a report entitled ‘‘Depart- on Environment and Public Works. H.R. 6079. An act to repeal the Patient Pro- EC–6839. A communication from the Dep- tection and Affordable Care Act and health ment of Energy Activities Relating to the Defense Nuclear Facilities Safety Board Fis- uty Director for Policy, Legislative and Reg- care-related provisions in the Health Care ulatory Department, Pension Benefit Guar- and Education Reconciliation Act of 2010. cal Year 2011’’; to the Committees on Appro- priations; and Armed Services. anty Corporation, transmitting, pursuant to ENROLLED BILL SIGNED EC–6831. A communication from the Assist- law, the report of a rule entitled ‘‘Benefits The President pro tempore [Mr. ant Secretary of Defense (Legislative Af- Payable in Terminated Single-Employer INOUYE] reported that he had signed fairs), transmitting a legislative proposal Plans; Allocation of Assets in Single-Em- the following enrolled bill, which was and accompanying report relative to the Na- ployer Plans; Interest Assumptions for Val- tional Defense Authorization Act for Fiscal uing and Paying Benefits’’ (29 CFR Parts 4022 previously signed by the Speaker of the and 4044) received in the Office of the Presi- House: Year 2013; to the Committee on Armed Serv- ices. dent of the Senate on June 28, 2012; to the S. 2061. An act to provide for an exchange EC–6832. A communication from the Direc- Committee on Health, Education, Labor, and of land between the Department of Homeland tor of the Regulatory Management Division, Pensions. EC–6840. A communication from the Direc- Security and the South Carolina State Ports Environmental Protection Agency, transmit- tor of Regulations and Policy Management Authority. ting, pursuant to law, the report of a rule en- Staff, Food and Drug Administration, De- titled ‘‘Prevention of Significant Deteriora- f partment of Health and Human Services, tion and Title V Greenhouse Gas Tailoring transmitting, pursuant to law, the report of MEASURES READ THE FIRST TIME Rule Step 3 and GHG Plantwide Applica- a rule entitled ‘‘Effective Date of Require- bility Limits’’ (FRL No. 9690–1) received in The following bill was read the first ment for Premarket Approval for a Pace- time: the Office of the President of the Senate on maker Programmer’’ (Docket No. FDA–2011– July 10, 2012; to the Committee on Environ- N–0526) received during adjournment of the H.R. 6079. An act to repeal the Patient Pro- ment and Public Works. tection and Affordable Care Act and health Senate in the Office of the President of the EC–6833. A communication from the Direc- Senate on July 2, 2012; to the Committee on care-related provisions in the Health Care tor of the Regulatory Management Division, and Education Reconciliation Act of 2010. Health, Education, Labor, and Pensions. Environmental Protection Agency, transmit- EC–6841. A communication from the Direc- f ting, pursuant to law, the report of a rule en- tor of Regulations and Policy Management titled ‘‘Hazardous Chemical Reporting: Revi- EXECUTIVE AND OTHER Staff, Food and Drug Administration, De- sions to the Emergency and Hazardous partment of Health and Human Services, COMMUNICATIONS Chemical Inventory Forms (Tier I and Tier transmitting, pursuant to law, the report of The following communications were II)’’ (FRL No. 9674–1) received in the Office of a rule entitled ‘‘Effective Date of Require- laid before the Senate, together with the President of the Senate on July 10, 2012; ment for Premarket Approval for an to the Committee on Environment and Pub- accompanying papers, reports, and doc- Implantable Pacemaker Pulse Generator’’ lic Works. (Docket No. FDA–2011–N–0522) received dur- uments, and were referred as indicated: EC–6834. A communication from the Direc- ing adjournment of the Senate in the Office EC–6825. A communication from the Direc- tor of the Regulatory Management Division, of the President of the Senate on July 2, 2012; tor of the Regulatory Management Division, Environmental Protection Agency, transmit- to the Committee on Health, Education, Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Labor, and Pensions. ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Air EC–6842. A communication from the Rail- titled ‘‘Azoxystrobin; Pesticide Tolerances’’ Quality Implementation Plans; Maryland; road Retirement Board, transmitting, pursu- (FRL No. 9352–2) received in the Office of the Reasonably Available Control Technology ant to law, a report entitled ‘‘Twenty-Fifth

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11232 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 Actuarial Valuation of the Assets and Liabil- EC–6853. A communication from the Direc- By Mr. LEAHY, from the Committee on ities Under the Railroad Retirement Acts as tor, Administrative Office of the United the Judiciary, with an amendment in the na- of December 31, 2010’’; to the Committee on States Courts, transmitting, pursuant to ture of a substitute and an amendment to Health, Education, Labor, and Pensions. law, a report entitled ‘‘2011 Wiretap Report’’; the title: EC–6843. A communication from the Sec- to the Committee on the Judiciary. S. 1744. A bill to provide funding for State retary of Health and Human Services, trans- EC–6854. A communication from the Under courts to assess and improve the handling of mitting, pursuant to law, the report of a pe- Secretary and Director, Patent and Trade- proceedings relating to adult guardianship tition to add workers from the Feed Mate- mark Office, Department of Commerce, and conservatorship, to authorize the Attor- rials Production Center (FMPC) in Fernald, transmitting, pursuant to law, the report of ney General to carry out a pilot program for Ohio, to the Special Exposure Cohort; to the a rule entitled ‘‘Changes to Implement Mis- the conduct of background checks on indi- Committee on Health, Education, Labor, and cellaneous Post Patent Provisions of the viduals to be appointed as guardians or con- Pensions. Leahy-Smith America Invents Act’’ servators, and to promote the widespread EC–6844. A communication from the Sec- (RIN0651–AC66) received in the Office of the adoption of information technology to better retary of Health and Human Services, trans- President of the Senate on July 9, 2012; to monitor, report, and audit conservatorships mitting, pursuant to law, a report entitled the Committee on the Judiciary. of protected persons. ‘‘Report to Congress on the Aging Services EC–6855. A communication from the Under f Technology Study’’; to the Committee on Secretary and Director, Patent and Trade- Health, Education, Labor, and Pensions. mark Office, Department of Commerce, EXECUTIVE REPORTS OF EC–6845. A communication from the Sec- transmitting, pursuant to law, the report of COMMITTEE retary of Transportation, transmitting, pur- a rule entitled ‘‘Changes to Implement the The following executive reports of suant to law, a report entitled ‘‘Annual Re- Preissuance Submissions by Third Parties nominations were submitted: port for 2011 on Disability-Related Air Travel Provision of the Leahy-Smith America In- By Mr. LEAHY for the Committee on the Complaints’’; to the Committee on Health, vents Act’’ (RIN0651–AC67) received in the Judiciary. Education, Labor, and Pensions. Office of the President of the Senate on July Terrence G. Berg, of Michigan, to be EC–6846. A communication from the Under 9, 2012; to the Committee on the Judiciary. United States District Judge for the Eastern Secretary of Defense (Comptroller), trans- EC–6856. A communication from the Direc- District of Michigan. mitting, pursuant to law, a report relative to tor of the Regulation Policy and Manage- Jesus G. Bernal, of California, to be United the Department of Defense (DoD) plan for ment Office of the General Counsel, Veterans States District Judge for the Central Dis- complying with the Improper Payments Health Administration, Department of Vet- trict of California. Elimination and Recovery Act (IPERA) of erans Affairs, transmitting, pursuant to law, Lorna G. Schofield, of New York, to be 2010; to the Committee on Homeland Secu- the report of a rule entitled ‘‘Dependency United States District Judge for the South- rity and Governmental Affairs. and Indemnity Compensation Payable to a ern District of New York. EC–6847. A communication from the Dep- Surviving Spouse with One or More Children Danny Chappelle Williams, Sr., of Okla- uty Archivist, National Archives and Under Age 18’’ (RIN2900–AO38) received in homa, to be United States Attorney for the Records Administration, transmitting, pur- the Office of the President of the Senate on Northern District of Oklahoma for the term suant to law, the report of a rule entitled July 10, 2012; to the Committee on Veterans’ of four years. ‘‘The Interagency Security Classification Affairs. (Nominations without an asterisk Appeals Panel (ISCAP) Bylaws, Rules, and EC–6857. A communication from the Direc- were reported with the recommenda- Appeal Procedures’’ (RIN3095–AB76) received tor of the Regulation Policy and Manage- tion that they be confirmed.) in the Office of the President of the Senate ment Office of the General Counsel, Veterans on July 10, 2012; to the Committee on Home- Health Administration, Department of Vet- f land Security and Governmental Affairs. erans Affairs, transmitting, pursuant to law, INTRODUCTION OF BILLS AND EC–6848. A communication from the Chair- the report of a rule entitled ‘‘Dependency JOINT RESOLUTIONS man of the Council of the District of Colum- and Indemnity Compensation (DIC) Benefits bia, transmitting, pursuant to law, a report for Survivors of Former Prisoners of War The following bills and joint resolu- on D.C. Act 19–385, ‘‘Fiscal Year 2013 Budget Rated Totally Disabled at Time of Death’’ tions were introduced, read the first Support Act of 2012’’; to the Committee on (RIN2900–AO22) received in the Office of the and second times by unanimous con- Homeland Security and Governmental Af- President of the Senate on July 10, 2012; to sent, and referred as indicated: fairs. the Committee on Veterans’ Affairs. By Mr. LIEBERMAN (for himself and EC–6849. A communication from the Gen- f Ms. SNOWE): eral Counsel of the National Tropical Botan- S. 3377. A bill to amend the Internal Rev- ical Garden, transmitting, pursuant to law, a REPORTS OF COMMITTEES enue Code of 1986 to exempt private founda- report relative to the Garden not being able tions from the tax on excess business hold- to file its audit report within six months of The following reports of committees were submitted: ings in the case of certain philanthropic en- the close of its fiscal year ending December terprises which are independently super- 31, 2011; to the Committee on the Judiciary. By Mr. LIEBERMAN, from the Committee vised, and for other purposes; to the Com- EC–6850. A communication from the Direc- on Homeland Security and Governmental Af- mittee on Finance. tor, Administrative Office of the United fairs, without amendment: By Mr. ROCKEFELLER: States Courts, transmitting, pursuant to S. 2218. A bill to reauthorize the United S. 3378. A bill to establish scientific stand- law, a report relative to applications for de- States Fire Administration, and for other ards and protocols across forensic dis- layed-notice search warrants and extensions purposes (Rept. No. 112–180). ciplines, and for other purposes; to the Com- during fiscal year 2011; to the Committee on By Mr. LIEBERMAN, from the Committee mittee on Commerce, Science, and Transpor- the Judiciary. on Homeland Security and Governmental Af- tation. EC–6851. A communication from the Acting fairs, with an amendment in the nature of a By Mr. ROBERTS (for himself and Mr. Assistant Attorney General, Office of Legis- substitute: ENZI): lative Affairs, Department of Justice, trans- S. 1409. A bill to intensify efforts to iden- S. 3379. A bill to standardize the definition mitting, pursuant to law, a report entitled tify, prevent, and recover payment error, of the term ‘‘small business refiner’’ for pur- ‘‘2011 Annual Report of the National Insti- waste, fraud, and abuse within Federal poses of laws administered by the Environ- tute of Justice’’; to the Committee on the spending (Rept. No. 112–181). mental Protection Agency; to the Com- Judiciary. By Mr. LEAHY, from the Committee on mittee on Environment and Public Works. EC–6852. A communication from the Fed- the Judiciary: By Mr. BLUMENTHAL (for himself, eral Register Liaison Officer, Alcohol and Report to accompany S. 2554, a bill to Mr. BEGICH, Mr. ISAKSON, Ms. SNOWE, Tobacco Tax and Trade Bureau, Department amend title I of the Omnibus Crime Control Mr. RUBIO, and Mr. TESTER): of the Treasury, transmitting, pursuant to and Safe Streets Act of 1968 to extend the au- S. 3380. A bill to provide for the issuance of law, the report of a rule entitled ‘‘Implemen- thorization of the Bulletproof Vest Partner- a Victory for Veterans stamp, and for other tation of Statutory Amendments Requiring ship Grant Program through fiscal year 2017 purposes; to the Committee on Homeland Se- the Qualification of Manufacturers and Im- (Rept. No. 112–182). curity and Governmental Affairs. porters of Processed Tobacco and Other By Mr. LIEBERMAN, from the Committee By Mr. DURBIN (for himself, Mr. Amendments Related to Permit Require- on Homeland Security and Governmental Af- FRANKEN, Mr. HARKIN, Mr. WHITE- ments, and the Expanded Definition of Roll- fairs, without amendment: HOUSE, and Mr. BROWN of Ohio): Your-Own Tobacco’’ (RIN1513–AB72) received H.R. 3902. A bill to amend the District of S. 3381. A bill to amend title 11, United during adjournment of the Senate in the Of- Columbia Home Rule Act to revise the tim- States Code, to improve protections for em- fice of the President of the Senate on July 5, ing of special elections for local office in the ployees and retirees in business bank- 2012; to the Committee on the Judiciary. District of Columbia. ruptcies; to the Committee on the Judiciary.

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By Mr. GRASSLEY (for himself, Mr. Minnesota (Mr. FRANKEN) and the Sen- clude existing hiking trails along the KYL, Mr. CORNYN, Mr. LEE, Mr. PAUL, ator from Nebraska (Mr. NELSON) were north shore of Lake Superior, in the and Mr. COBURN): added as cosponsors of S. 1832, a bill to Superior National Forest, and in the S. 3382. A bill to impose certain limitations restore States’ sovereign rights to en- Chippewa National Forest, and for on consent decrees and settlement agree- ments by agencies that require the agencies force State and local sales and use tax other purposes. to take regulatory action in accordance with laws, and for other purposes. S. 3323 the terms thereof, and for other purposes; to S. 1935 At the request of Mr. ROCKEFELLER, the Committee on the Judiciary. At the request of Mrs. HAGAN, the the name of the Senator from Missouri By Mr. VITTER (for himself and Mr. name of the Senator from Vermont (Mrs. MCCASKILL) was added as a co- SESSIONS): (Mr. LEAHY) was added as a cosponsor sponsor of S. 3323, a bill to amend the S. 3383. A bill to reject the final 5-year Outer Continental Shelf Oil and Gas Leasing of S. 1935, a bill to require the Sec- Servicemembers Civil Relief Act to im- Program for fiscal years 2012 through 2017 of retary of the Treasury to mint coins in prove the protections for the Administration and replace the plan recognition and celebration of the 75th servicemembers against mortgage fore- with a 5-year plan that is more in line with anniversary of the establishment of the closures, and for other purposes. the energy and economic needs of the United March of Dimes Foundation. S. 3326 States; to the Committee on Energy and S. 2374 At the request of Mr. MCCONNELL, Natural Resources. At the request of Mr. BINGAMAN, the the name of the Senator from Mis- By Mr. BAUCUS (for himself, Mr. CON- name of the Senator from Arkansas sissippi (Mr. COCHRAN) was added as a RAD, Mr. TESTER, and Mr. JOHNSON of South Dakota): (Mr. BOOZMAN) was added as a cospon- cosponsor of S. 3326, a bill to amend the S. 3384. A bill to extend supplemental agri- sor of S. 2374, a bill to amend the He- African Growth and Opportunity Act to cultural disaster assistance programs; to the lium Act to ensure the expedient and extend the third-country fabric pro- Committee on Agriculture, Nutrition, and responsible draw-down of the Federal gram and to add South Sudan to the Forestry. Helium Reserve in a manner that pro- list of countries eligible for designa- f tects the interests of private industry, tion under that Act, to make technical ADDITIONAL COSPONSORS the scientific, medical, and industrial corrections to the Harmonized Tariff communities, commercial users, and Schedule of the United States relating S. 434 Federal agencies, and for other pur- to the textile and apparel rules of ori- At the request of Mr. COCHRAN, the poses. gin for the Dominican Republic-Cen- name of the Senator from Maine (Ms. S. 3204 tral America-United States Free Trade SNOWE) was added as a cosponsor of S. At the request of Mr. JOHANNS, the Agreement, to approve the renewal of 434, a bill to improve and expand geo- name of the Senator from Florida (Mr. import restrictions contained in the graphic literacy among kindergarten NELSON) was added as a cosponsor of S. Burmese Freedom and Democracy Act through grade 12 students in the United 3204, a bill to address fee disclosure re- of 2003, and for other purposes. States by improving professional devel- quirements under the Electronic Fund S. 3372 opment programs for kindergarten Transfer Act, and for other purposes. At the request of Mr. WEBB, the name through grade 12 teachers offered S. 3237 of the Senator from Alaska (Mr. through institutions of higher edu- At the request of Mr. WHITEHOUSE, BEGICH) was added as a cosponsor of S. cation. the names of the Senator from Con- 3372, a bill to amend section 704 of title S. 971 necticut (Mr. BLUMENTHAL) and the 18, United States Code. At the request of Mr. WYDEN, the Senator from Maine (Ms. SNOWE) were S.J. RES. 43 name of the Senator from Montana added as cosponsors of S. 3237, a bill to At the request of Mr. JOHANNS, his (Mr. TESTER) was added as a cosponsor provide for the establishment of a name was added as a cosponsor of S.J. of S. 971, a bill to promote neutrality, Commission to Accelerate the End of Res. 43, a joint resolution approving simplicity, and fairness in the taxation Breast Cancer. the renewal of import restrictions con- of digital goods and digital services. S. 3252 tained in the Burmese Freedom and S. 1385 At the request of Mr. PORTMAN, the Democracy Act of 2003, and for other At the request of Mr. VITTER, the names of the Senator from Pennsyl- purposes. name of the Senator from Georgia (Mr. vania (Mr. CASEY), the Senator from Il- At the request of Mrs. FEINSTEIN, the CHAMBLISS) was added as a cosponsor of linois (Mr. DURBIN), the Senator from name of the Senator from Iowa (Mr. S. 1385, a bill to terminate the $1 presi- Wisconsin (Mr. KOHL) and the Senator HARKIN) was added as a cosponsor of dential coin program. from Connecticut (Mr. LIEBERMAN) S.J. Res. 43, supra. S. 1744 were added as cosponsors of S. 3252, a S.J. RES. 45 At the request of Ms. KLOBUCHAR, the bill to provide for the award of a gold At the request of Mrs. HUTCHISON, the name of the Senator from Delaware medal on behalf of Congress to Jack name of the Senator from Minnesota (Mr. COONS) was added as a cosponsor Nicklaus, in recognition of his service (Mr. FRANKEN) was added as a cospon- of S. 1744, a bill to provide funding for to the Nation in promoting excellence, sor of S.J. Res. 45, a joint resolution State courts to assess and improve the good sportsmanship, and philanthropy. amending title 36, United States Code, handling of proceedings relating to S. 3286 to designate June 19 as ‘‘Juneteenth adult guardianship and conservator- At the request of Mrs. MCCASKILL, Independence Day’’. ship, to authorize the Attorney Gen- the name of the Senator from West S. CON. RES. 48 eral to carry out a pilot program for Virginia (Mr. MANCHIN) was added as a At the request of Mr. LEAHY, the the conduct of background checks on cosponsor of S. 3286, a bill to enhance names of the Senator from New Jersey individuals to be appointed as guard- security, increase accountability, and (Mr. MENENDEZ) and the Senator from ians or conservators, and to promote improve the contracting of the Federal Pennsylvania (Mr. TOOMEY) were added the widespread adoption of information Government for overseas contingency as cosponsors of S. Con. Res. 48, a con- technology to better monitor, report, operations, and for other purposes. current resolution recognizing 375 and audit conservatorships of protected S. 3319 years of service of the National Guard persons. At the request of Ms. KLOBUCHAR, the and affirming congressional support for S. 1832 name of the Senator from Michigan a permanent Operational Reserve as a At the request of Mr. ENZI, the names (Mr. LEVIN) was added as a cosponsor of component of the Armed Forces. of the Senator from Michigan (Mr. S. 3319, a bill to amend the National S. CON. RES. 50 LEVIN), the Senator from Hawaii (Mr. Trails System Act to revise the route At the request of Mr. RUBIO, the AKAKA), the Senator from Minnesota of the North Country National Scenic names of the Senator from Utah (Mr. (Ms. KLOBUCHAR), the Senator from Trail in northeastern Minnesota to in- HATCH), the Senator from Texas (Mrs.

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HUTCHISON), the Senator from Kansas AMENDMENT NO. 2521 ties in forensic science would be en- (Mr. ROBERTS) and the Senator from At the request of Ms. LANDRIEU, the couraged to use prizes and challenges Mississippi (Mr. WICKER) were added as names of the Senator from Delaware to stimulate innovative and creative cosponsors of S. Con. Res. 50, a concur- (Mr. COONS) and the Senator from Or- solutions to satisfy the research needs rent resolution expressing the sense of egon (Mr. MERKLEY) were added as co- and priorities identified in the research Congress regarding actions to preserve sponsors of amendment No. 2521 pro- strategy. and advance the multistakeholder gov- posed to S. 2237, a bill to provide a tem- The bill requires standard develop- ernance model under which the Inter- porary income tax credit for increased ment. The National Institute of Stand- net has thrived. payroll and extend bonus depreciation ards and Technology, NIST, would be AMENDMENT NO. 2492 for an additional year, and for other directed to develop forensic science standards, in consultation with stand- At the request of Mrs. HUTCHISON, the purposes. ards development organizations and names of the Senator from Arkansas f other stakeholders. NIST could estab- (Mr. BOOZMAN), the Senator from Okla- STATEMENTS ON INTRODUCED lish and solicit advice from discipline- homa (Mr. COBURN), the Senator from BILLS AND JOINT RESOLUTIONS specific expert working groups to iden- North Carolina (Mr. BURR) and the By Mr. ROCKEFELLER: tify standards development priorities Senator from Ohio (Mr. PORTMAN) were S. 3378. A bill to establish scientific and opportunities. added as cosponsors of amendment No. standards and protocols across forensic The bill requires implementing uni- 2492 intended to be proposed to S. 2237, disciplines, and for other purposes; to form standards. To advise on the appli- a bill to provide a temporary income the Committee on Commerce, Science, cation of the new standards, a Forensic tax credit for increased payroll and ex- and Transportation. Science Advisory Committee chaired tend bonus depreciation for an addi- Mr. ROCKEFELLER. Mr. President, by the Director of NIST and the Attor- tional year, and for other purposes. the criminal justice system relies on ney General would be established. The AMENDMENT NO. 2493 forensic science to identify and pros- Advisory Committee, composed of re- At the request of Mrs. HUTCHISON, the ecute criminals and exonerate the search scientists, forensic science prac- name of the Senator from Texas (Mr. falsely accused. But in a pathbreaking titioners, and users from the legal and CORNYN) was added as a cosponsor of 2009 report to Congress, the National law enforcement communities, would amendment No. 2493 intended to be pro- Academy of Sciences found that the in- make recommendations to the Attor- posed to S. 2237, a bill to provide a tem- terpretation of forensic evidence is se- ney General on adoption of standards. porary income tax credit for increased verely compromised by the lack of sup- The Attorney General would direct the payroll and extend bonus depreciation porting science and standards. They standards’ implementation in Federal for an additional year, and for other concluded, ‘‘The bottom line is simple: forensic science laboratories and would purposes. In a number of forensic science dis- encourage adoption in non-Federal lab- AMENDMENT NO. 2499 ciplines, forensic science professionals oratories as a condition of Federal funding or for inclusion in national At the request of Mr. CRAPO, the have yet to establish either the valid- name of the Senator from Arizona (Mr. ity of their approach or the accuracy of databases. Mr. President, I ask unanimous con- KYL) was added as a cosponsor of their conclusions, and the courts have sent that the text of the bill be printed amendment No. 2499 intended to be pro- been utterly ineffective in addressing this problem.’’ in the RECORD. posed to S. 2237, a bill to provide a tem- There being no objection, the text of In a series of recent articles, the porary income tax credit for increased the bill was ordered to be printed in payroll and extend bonus depreciation Washington Post reported on flawed fo- the RECORD, as follows: for an additional year, and for other rensic work that may be responsible S. 3378 purposes. for the wrongful convictions in thou- sands of criminal cases. An April Post Be it enacted by the Senate and House of Rep- AMENDMENT NO. 2514 resentatives of the United States of America in editorial urged the Justice Department At the request of Mr. THUNE, the Congress assembled, to conduct a full review of all cases name of the Senator from Arizona (Mr. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. that ended in conviction, and a July 11 KYL) was withdrawn as a cosponsor of (a) SHORT TITLE.—This Act may be cited as amendment No. 2514 intended to be pro- story reports that the Justice Depart- the ‘‘Forensic Science and Standards Act of posed to S. 2237, a bill to provide a tem- ment and the FBI have now launched 2012’’. such a review. The National Academy (b) TABLE OF CONTENTS.—The table of con- porary income tax credit for increased tents of this Act is as follows: payroll and extend bonus depreciation of Sciences, the Washington Post, the Innocence Project, and the National Sec. 1. Short title; table of contents. for an additional year, and for other Sec. 2. Findings. purposes. Association of Criminal Defense Law- Sec. 3. Definitions. yers, among others, have all called for Sec. 4. National forensic science research AMENDMENT NO. 2516 strengthened forensic science and program. At the request of Mr. FRANKEN, the standards. Sec. 5. Forensic science research grants pro- name of the Senator from Maine (Ms. The Forensic Science and Standards gram. SNOWE) was added as a cosponsor of Sec. 6. Forensic science research challenges. Act of 2012 responds to this call by pro- Sec. 7. Forensic science standards. amendment No. 2516 intended to be pro- moting research. The bill would estab- Sec. 8. Forensic science advisory committee. posed to S. 2237, a bill to provide a tem- lish a National Forensic Science Co- Sec. 9. Adoption, accreditation, and certifi- porary income tax credit for increased ordinating Office, housed at the Na- cation. payroll and extend bonus depreciation tional Science Foundation, NSF, to de- Sec. 10. National Institute of Standards and Technology functions. for an additional year, and for other velop a research strategy and roadmap purposes. SEC. 2. FINDINGS. and to support the implementation of Congress finds that— AMENDMENT NO. 2518 that roadmap across relevant Federal (1) at the direction of Congress, the Na- At the request of Mr. THUNE, the agencies. tional Academy of Sciences led a comprehen- names of the Senator from Nebraska NSF would establish a forensic sive review of the state of forensic science (Mr. JOHANNS) and the Senator from science grant program to award fund- and issued its findings in a 2009 report, Arizona (Mr. KYL) were added as co- ing in areas specifically identified by ‘‘Strengthening Forensic Science in the sponsors of amendment No. 2518 in- the research strategy. NSF would be United States: A Path Forward’’; tended to be proposed to S. 2237, a bill directed to award two grants to create (2) the report’s findings indicate the need for independent scientific research to sup- to provide a temporary income tax forensic science research centers to port the foundation of forensic disciplines; credit for increased payroll and extend conduct research, build relationships (3) the report stresses the need for stand- bonus depreciation for an additional with forensic practitioners, and edu- ards in methods, data interpretation, and re- year, and for other purposes. cate students. All agencies with equi- porting, and the importance of preventing

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cognitive bias and mitigating human factors; (A) the development of a unified Federal (B) REVOCATION.—The Director may revoke and research strategy that— a designation under subparagraph (A) if the (4) according to the report, forensic science (i) specifies and prioritizes the research Director determines that the forensic research is not financially well supported, necessary to enhance the validity and reli- science research center is not demonstrating and there is a need for a unified strategy for ability of the forensic science disciplines; adequate performance. developing a forensic science research plan and (C) AMOUNT OF AWARD.—Subject to sub- across Federal agencies. (ii) is consistent with the recommenda- section (f), the Director shall award a grant SEC. 3. DEFINITIONS. tions in the National Academy of Sciences up to $10,000,000 to each forensic science re- In this Act: report on forensic science under subsection search center. A grant awarded under this (1) ADVISORY COMMITTEE.—The term ‘‘Advi- (b); subparagraph shall be for a period of 4 years. sory Committee’’ means the Forensic (B) the development of a 5-year roadmap, (D) LIMITATION ON USE OF FUNDS.—No funds Science Advisory Committee established updated triennially thereafter, for the uni- authorized under this section may be used to under section 8. fied Federal research strategy under sub- construct or renovate a building or struc- (2) COORDINATING OFFICE.—The term ‘‘Co- paragraph (A) that includes a description ture. ordinating Office’’ means the National Fo- of— (3) REPORTS.—Each forensic science re- rensic Science Coordinating Office estab- (i) which department, agency, or office will search center shall submit an annual report lished under section 4. carry out each specific element of the uni- to the Director, at such time and in such (3) FORENSIC SCIENCE.— fied Federal research strategy; manner as the Director may require, that (A) IN GENERAL.—The term ‘‘forensic (ii) short-term and long-term priorities contains a description of the activities the science’’ means the basic and applied sci- and objectives; and center carried out with the funds received entific research applicable to the collection, (iii) common metrics and other evaluation under this subsection, including a descrip- evaluation, and analysis of physical evi- criteria that will be used to assess progress tion of how those activities satisfy the re- dence, including digital evidence, for use in toward achieving the priorities and objec- quirement under paragraph (2)(D). (e) EVALUATION.— investigations and legal proceedings, includ- tives under clause (ii); and (1) IN GENERAL.—The Director of the Na- ing all tests, methods, measurements, and (C) any necessary programs, policies, and tional Science Foundation shall conduct a procedures. budgets to support the implementation of the roadmap under subparagraph (B). comprehensive evaluation of the forensic (B) APPLIED SCIENTIFIC RESEARCH.—In sub- science research grants program every 4 paragraph (A), the term ‘‘applied scientific (3) ADDITIONAL DUTIES.—The Coordinating Office shall— years— research’’ means a systematic study to gain (A) to determine whether the program is knowledge or understanding necessary to de- (A) evaluate annually the national forensic science research program to determine achieving the objectives of improving the termine the means by which a recognized foundation and practice of forensic science and specific need may be met. whether it is achieving its objectives; and (B) report annually to Congress the find- in the United States; and (C) BASIC SCIENTIFIC RESEARCH.—In sub- ings under subparagraph (A). (B) to evaluate the extent to which the paragraph (A), the term ‘‘basic scientific re- program is contributing toward the prior- search’’ means a systematic study directed (4) DEADLINES.—The Coordinating Office shall submit to Congress— ities and objectives described in the roadmap toward fuller knowledge or understanding of under section 4(c)(2)(B). the fundamental aspects of phenomena and (A) not later than 1 year after the date of enactment of this Act, the unified Federal (2) REPORT TO CONGRESS.—The Director of of observable facts without specific applica- the National Science Foundation shall re- tions towards processes or products. research strategy under paragraph (2)(A); (B) not later than 1 year after the date of port to Congress the results of each com- (4) STANDARDS DEVELOPMENT ORGANIZA- enactment of this Act, the initial 5-year prehensive evaluation under paragraph (1). TION.—The term ‘‘standards development or- (f) AUTHORIZATION OF APPROPRIATIONS.— ganization’’ means a domestic or an inter- roadmap under paragraph (2)(B); and (C) not later than 1 month after the date it There are authorized to be appropriated to national organization that plans, develops, the National Science Foundation to carry is updated, each updated 5-year roadmap establishes, or coordinates voluntary con- out this section— under paragraph (2)(B). sensus standards using procedures that in- (1) $34,000,000 for fiscal year 2013; corporate openness, a balance of interests, SEC. 5. FORENSIC SCIENCE RESEARCH GRANTS (2) $37,000,000 for fiscal year 2014; PROGRAM. consensus, due process, and an appeals proc- (3) $40,000,000 for fiscal year 2015; (a) ESTABLISHMENT.—Not later than 1 year ess. after the date of enactment of this Act, the (4) $43,000,000 for fiscal year 2016; and SEC. 4. NATIONAL FORENSIC SCIENCE RESEARCH National Science Foundation shall establish (5) $46,000,000 for fiscal year 2017. PROGRAM. a forensic science research grants program SEC. 6. FORENSIC SCIENCE RESEARCH CHAL- (a) ESTABLISHMENT.—There shall be a na- to improve the foundation and practice of fo- LENGES. tional forensic science research program to rensic science in the United States based on (a) PRIZES AND CHALLENGES.— improve, expand, and coordinate Federal re- the recommendations in the unified Federal (1) IN GENERAL.—A Federal department, search in the forensic sciences. research strategy under section 4. agency, or office may assist in satisfying the (b) NATIONAL ACADEMY OF SCIENCES REPORT (b) MERIT REVIEW.—Each grant under this research needs and priorities identified in ON FORENSIC SCIENCE.—The Director of the section shall be awarded on a merit-re- the unified Federal research strategy under National Science Foundation shall contract viewed, competitive basis. section 4 by using prizes and challenges with the National Academy of Sciences to (c) PUBLICATION.—The National Science under the America COMPETES Reauthoriza- develop, not later than 180 days after the Foundation shall support, as appropriate, tion Act (124 Stat. 3982) or under any other date of enactment of this Act, a report the publication of research results under this provision of law, as appropriate. that— section in scholarly, peer-reviewed scientific (2) PURPOSES.—The purpose of a prize or (1) identifies the most critical forensic journals. challenge under this section, among other science disciplines, which may include foren- (d) FORENSIC SCIENCE RESEARCH CENTERS.— possible purposes, may be— sic pathology and digital forensics, that re- (1) IN GENERAL.—As part of the forensic (A) to determine or develop the best data quire further research to strengthen the sci- science research grants program under sub- collection practices or analytical methods to entific foundation in those disciplines; and section (a), the Director of the National evaluate a specific type of forensic data; or (2) makes recommendations regarding re- Science Foundation shall establish 2 forensic (B) to determine the accuracy of an analyt- search that will help strengthen the sci- science research centers— ical method. entific foundation in the forensic science dis- (A) to conduct research consistent with the (b) FORENSIC EVIDENCE PRIZES AND CHAL- ciplines identified under paragraph (1). unified Federal research strategy under sec- LENGES.— (c) NATIONAL FORENSIC SCIENCE COORDI- tion 4; (1) IN GENERAL.—A Federal department, NATING OFFICE.— (B) to build relationships between forensic agency, or office, or multiple Federal depart- (1) ESTABLISHMENT.—There is established a science practitioners and members of the re- ments, agencies, or offices in cooperation, National Forensic Science Coordinating Of- search community; carrying out a prize or challenge under this fice, with a director and full time staff, to be (C) to encourage and promote the edu- section— located at the National Science Foundation. cation and training of a diverse group of peo- (A) may establish a prize advisory board; The Director of the Coordinating Office shall ple to be leaders in the interdisciplinary and be responsible for carrying out the provi- field of forensic science; and (B) shall select each member of the prize sions of this subsection. (D) to broadly disseminate the results of advisory board with input from relevant Fed- (2) UNIFIED FEDERAL RESEARCH STRATEGY.— the research under subparagraph (A). eral departments, agencies, or offices. The Coordinating Office established under (2) TERMS OF DESIGNATION.— (2) PRIZE ADVISORY BOARD.—The prize advi- paragraph (1) shall coordinate among rel- (A) IN GENERAL.—The Director shall des- sory board shall— evant Federal departments, agencies, or of- ignate each forensic science research center (A) identify 1 or more types of forensic evi- fices— for a 4-year term. dence for purposes of a prize or challenge;

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(B) using the samples under paragraph (3), the progress in carrying out the National In- (g) FEDERAL ADVISORY COMMITTEE ACT.— recommend how to structure a prize or chal- stitute of Standards and Technology’s re- The Advisory Committee established under lenge that requires a competitor to develop a sponsibilities under paragraph (1). this section shall not be subject to section 14 forensic data collection practice, an analyt- (b) EXPERT WORKING GROUPS.— of the Federal Advisory Committee Act (5 ical method, or a relevant approach or tech- (1) IN GENERAL.—The Director of the Na- U.S.C. App.). nology to be tested relative to a known out- tional Institute of Standards and Technology SEC. 9. ADOPTION, ACCREDITATION, AND CER- come or other proposed judging method- may establish 1 or more discipline-specific TIFICATION. ology; and expert working groups to identify gaps, areas The Attorney General— (C) through the Coordinating Office, advise of need, and opportunities for standards de- (1) shall promote the adoption of forensic relevant Federal departments, agencies, or velopment with respect to forensic science. science standards developed under section 7, offices in designing prizes or challenges that (2) MEMBERS.—A member of an expert including— satisfy the research needs and priorities working group shall— (A) by requiring each Federal forensic lab- identified in the unified Federal research (A) be appointed by the Director of the Na- oratory to adopt the forensic science stand- strategy under section 4. tional Institute of Standards and Tech- ards; (3) SAMPLES.—The National Institute of nology; (B) by encouraging each non-Federal foren- Standards and Technology or the Depart- (B) have significant academic, research, or sic laboratory to adopt the forensic science ment of Justice shall provide or contract practical expertise in a discipline of forensic standards; with a non-Federal party to prepare, for each science or in another area relevant to the (C) by promoting accreditation and certifi- type of forensic evidence under paragraph purpose of the expert working group; and cation requirements based on the forensic (2)(A), a sufficient set of samples, including (C) balance scientific rigor with practical science standards; and associated digital data that could be shared and regulatory constraints. (D) by promoting any recommendations without limitation and physical specimens (3) FEDERAL ADVISORY COMMITTEE ACT.—An made by the Advisory Committee for adop- that could be shared with qualified parties, expert working group established under this tion and implementation of forensic science for purposes of a prize or challenge. subsection shall not be subject to the Fed- standards; and (4) FINGERPRINT DATA INTEROPERABILITY.— eral Advisory Committee Act (5 U.S.C. App.). (2) may promote the adoption of the foren- At least 1 prize or challenge under this sec- (c) AUTHORIZATION OF APPROPRIATIONS.— sic science standards as a condition of Fed- tion shall be focused on achieving nation- There are authorized to be appropriated to eral funding or for inclusion in national data wide fingerprint data interoperability if the the National Institute of Standards and sets. prize advisory board, the Coordinating Of- Technology to carry out this section— SEC. 10. NATIONAL INSTITUTE OF STANDARDS fice, or a Federal department, agency, or of- (1) $5,000,000 for fiscal year 2013; AND TECHNOLOGY FUNCTIONS. Section 2(b) of the National Institute of fice identifies an area where a prize or chal- (2) $12,000,000 for fiscal year 2014; Standards and Technology Act (15 U.S.C. lenge will assist in satisfying a strategy re- (3) $20,000,000 for fiscal year 2015; 272(b)) is amended— lated to this issue. (4) $27,000,000 for fiscal year 2016; and (5) $35,000,000 for fiscal year 2017. (1) in paragraph (12), by striking ‘‘and’’ SEC. 7. FORENSIC SCIENCE STANDARDS. after the semicolon; SEC. 8. FORENSIC SCIENCE ADVISORY COM- (a) ESTABLISHMENT.— (2) in paragraph (13), by striking the period (1) IN GENERAL.—The National Institute of MITTEE. (a) ESTABLISHMENT.—The Director of the at the end and inserting ‘‘; and’’; and Standards and Technology shall— (3) by adding at the end the following: (A) identify or coordinate the development National Institute of Standards and Tech- nology and the Attorney General, in collabo- ‘‘(14) to identify and coordinate the devel- of forensic science standards to enhance the opment of forensic science standards to en- validity and reliability of forensic science ration with the Director of the National Science Foundation, shall establish a Foren- hance the validity and reliability of forensic activities, including— science activities.’’. (i) authoritative methods, standards, and sic Science Advisory Committee. (b) DUTIES.—The Advisory Committee shall technical guidance, including protocols and provide advice to— By Mr. DURBIN (for himself, Mr. best practices, for forensic measurements, (1) the Federal departments, agencies, and FRANKEN, Mr. HARKIN, Mr. analysis, and interpretation; offices implementing the unified Federal re- (ii) technical standards for products and WHITEHOUSE, and Mr. BROWN of search strategy under section 4; services used by forensic science practi- Ohio): (2) the National Institute of Standards and tioners; S. 3381. A bill to amend title 11, Technology, including recommendations re- (iii) standard content, terminology, and United States Code, to improve protec- garding the National Institute of Standards parameters to be used in reporting and testi- tions for employees and retirees in and Technology’s responsibilities under sec- fying on the results and interpretation of fo- tion 7; and business bankruptcies; to the Com- rensic science measurements, tests, and pro- (3) the Department of Justice, including mittee on the Judiciary. cedures; and recommendations regarding the Department Mr. DURBIN. Mr. President, I ask (iv) standards to provide for the interoper- of Justice’s responsibilities under section 9. unanimous consent that the text of the ability of forensic science-related technology (c) SUBCOMMITTEES.—The Advisory Com- bill be printed in the RECORD. and databases; mittee may form subcommittees related to There being no objection, the text of (B) test and validate existing forensics specific disciplines in forensic science or as the bill was ordered to be printed in standards, as appropriate; and necessary to further its duties under sub- (C) provide independent validation of fo- the RECORD as follows: section (b). A subcommittee may include an S. 3381 rensic science measurements and methods. individual who is not a member of the Advi- (2) CONSULTATION.— sory Committee. Be it enacted by the Senate and House of Rep- (A) IN GENERAL.—In carrying out its re- (d) CHAIRS.—The Director of the National resentatives of the United States of America in sponsibilities under paragraph (1), the Na- Institute of Standards and Technology and Congress assembled, tional Institute of Standards and Technology the Attorney General, or their designees, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. shall consult with— shall co-chair the Advisory Committee. (a) SHORT TITLE.—This Act may be cited as (i) standards development organizations (e) MEMBERSHIP.—The Director of the Na- the ‘‘Protecting Employees and Retirees in and other stakeholders, including relevant tional Institute of Standards and Technology Business Bankruptcies Act of 2012’’. Federal departments, agencies, and offices; and the Attorney General, in consultation (b) TABLE OF CONTENTS.—The table of con- and with the Director of the National Science tents of this Act is as follows: (ii) testing laboratories and accreditation Foundation, shall appoint each member of Sec. 1. Short title; table of contents. bodies to ensure that products and services the Advisory Committee. The Advisory Com- Sec. 2. Findings. meet necessary performance levels. mittee shall include balanced representation TITLE I—IMPROVING RECOVERIES FOR (3) PRIORITIZATION.—When prioritizing its between forensic science disciplines (includ- EMPLOYEES AND RETIREES responsibilities under paragraph (1), the Na- ing academic scientists, statisticians, social Sec. 101. Increased wage priority. tional Institute of Standards and Technology scientists, engineers, and representatives of Sec. 102. Claim for stock value losses in de- shall consider— other related scientific disciplines) and rel- fined contribution plans. (A) the unified Federal research strategy evant forensic science applications (includ- Sec. 103. Priority for severance pay. under section 4; and ing Federal, State, and local representatives Sec. 104. Financial returns for employees (B) the recommendations of any expert of the forensic science community, the legal and retirees. working group under subsection (b). community, victim advocate organizations, Sec. 105. Priority for WARN Act damages. (4) REPORT TO CONGRESS.—The Director of and law enforcement). TITLE II—REDUCING EMPLOYEES’ AND the National Institute of Standards and (f) ADMINISTRATION.—The Attorney General RETIREES’ LOSSES Technology shall report annually, with the shall provide administrative support to the Sec. 201. Rejection of collective bargaining President’s budget request, to Congress on Advisory Committee. agreements.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0655 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11237 Sec. 202. Payment of insurance benefits to held in a defined contribution plan (within ment of the case under this title, as a result retired employees. the meaning of section 3(34) of the Employee of a violation of Federal or State law by the Sec. 203. Protection of employee benefits in Retirement Income Security Act of 1974 (29 debtor, without regard to the time of the oc- a sale of assets. U.S.C. 1002(34))) for the benefit of an indi- currence of unlawful conduct on which the Sec. 204. Claim for pension losses. vidual who is not an insider, a senior execu- award is based or to whether any services Sec. 205. Payments by secured lender. tive officer, or any of the 20 next most highly were rendered on or after the commencement Sec. 206. Preservation of jobs and benefits. compensated employees of the debtor (if 1 or of the case, including an award by a court Sec. 207. Termination of exclusivity. more are not insiders), if such securities under section 2901 of title 29, United States Sec. 208. Claim for withdrawal liability. were attributable to either employer con- Code, of up to 60 days’ pay and benefits fol- TITLE III—RESTRICTING EXECUTIVE tributions by the debtor or an affiliate of the lowing a layoff that occurred or commenced COMPENSATION PROGRAMS debtor, or elective deferrals (within the at a time when such award period includes a meaning of section 402(g) of the Internal period on or after the commencement of the Sec. 301. Executive compensation upon exit Revenue Code of 1986), and any earnings case, if the court determines that payment from bankruptcy. thereon, if an employer or plan sponsor who of wages and benefits by reason of the oper- Sec. 302. Limitations on executive com- has commenced a case under this title has ation of this clause will not substantially in- pensation enhancements. committed fraud with respect to such plan or crease the probability of layoff or termi- Sec. 303. Assumption of executive benefit has otherwise breached a duty to the partici- nation of current employees or of non- plans. pant that has proximately caused the loss of payment of domestic support obligations Sec. 304. Recovery of executive compensa- value.’’. during the case under this title.’’. tion. Sec. 305. Preferential compensation trans- SEC. 103. PRIORITY FOR SEVERANCE PAY. TITLE II—REDUCING EMPLOYEES’ AND Section 503(b) of title 11, United States fer. RETIREES’ LOSSES Code, is amended— TITLE IV—OTHER PROVISIONS SEC. 201. REJECTION OF COLLECTIVE BAR- (1) in paragraph (8), by striking ‘‘and’’ at GAINING AGREEMENTS. Sec. 401. Union proof of claim. the end; Section 1113 of title 11, United States Code, Sec. 402. Exception from automatic stay. (2) in paragraph (9), by striking the period is amended by striking subsections (a) SEC. 2. FINDINGS. and inserting a semicolon; and through (f) and inserting the following: The Congress finds the following: (3) by adding at the end the following: ‘‘(a) The debtor in possession, or the trust- (1) Business bankruptcies have increased ‘‘(10) severance pay owed to employees of ee if one has been appointed under this chap- sharply in recent years and remain at high the debtor (other than to an insider, other ter, other than a trustee in a case covered by levels. These bankruptcies include several of senior management, or a consultant retained subchapter IV of this chapter and by title I the largest business bankruptcy filings in to provide services to the debtor), under a of the Railway Labor Act, may reject a col- history. As the use of bankruptcy has ex- plan, program, or policy generally applicable lective bargaining agreement only in accord- panded, job preservation and retirement se- to employees of the debtor (but not under an ance with this section. Hereinafter in this curity are placed at greater risk. individual contract of employment), or owed section, a reference to the trustee includes a (2) Laws enacted to improve recoveries for pursuant to a collective bargaining agree- reference to the debtor in possession. employees and retirees and limit their losses ment, for layoff or termination on or after ‘‘(b) No provision of this title shall be con- in bankruptcy cases have not kept pace with the date of the filing of the petition, which strued to permit the trustee to unilaterally the increasing and broader use of bankruptcy pay shall be deemed earned in full upon such terminate or alter any provision of a collec- tive bargaining agreement before complying by businesses in all sectors of the economy. layoff or termination of employment; and’’. with this section. The trustee shall timely However, while protections for employees SEC. 104. FINANCIAL RETURNS FOR EMPLOYEES pay all monetary obligations arising under and retirees in bankruptcy cases have erod- AND RETIREES. the terms of the collective bargaining agree- ed, management compensation plans devised Section 1129(a) of title 11, United States ment. Any such payment required to be for those in charge of troubled businesses Code is amended— made before a plan confirmed under section have become more prevalent and are escap- (1) by adding at the end the following: 1129 is effective has the status of an allowed ing adequate scrutiny. ‘‘(17) The plan provides for recovery of administrative expense under section 503. (3) Changes in the law regarding these mat- damages payable for the rejection of a col- lective bargaining agreement, or for other fi- ‘‘(c)(1) If the trustee seeks modification of ters are urgently needed as bankruptcy is a collective bargaining agreement, then the used to address increasingly more complex nancial returns as negotiated by the debtor and the authorized representative under sec- trustee shall provide notice to the labor or- and diverse conditions affecting troubled ganization representing the employees cov- businesses and industries. tion 1113 (to the extent that such returns are paid under, rather than outside of, a plan).’’; ered by the agreement that modifications TITLE I—IMPROVING RECOVERIES FOR and are being proposed under this section, and EMPLOYEES AND RETIREES (2) by striking paragraph (13) and inserting shall promptly provide an initial proposal for SEC. 101. INCREASED WAGE PRIORITY. the following: modifications to the agreement. Thereafter, Section 507(a) of title 11, United States ‘‘(13) With respect to retiree benefits, as the trustee shall confer in good faith with Code, is amended— that term is defined in section 1114(a), the the labor organization, at reasonable times and for a reasonable period in light of the (1) in paragraph (4)— plan— complexity of the case, in attempting to (A) by striking ‘‘$10,000’’ and inserting ‘‘(A) provides for the continuation after its reach mutually acceptable modifications of ‘‘$20,000’’; effective date of payment of all retiree bene- (B) by striking ‘‘within 180 days’’; and such agreement. fits at the level established pursuant to sub- ‘‘(2) The initial proposal and subsequent (C) by striking ‘‘or the date of the ces- section (e)(1)(B) or (g) of section 1114 at any proposals by the trustee for modification of sation of the debtor’s business, whichever oc- time before the date of confirmation of the a collective bargaining agreement shall be curs first,’’; plan, for the duration of the period for which based upon a business plan for the reorga- (2) in paragraph (5)(A), by striking— the debtor has obligated itself to provide nization of the debtor, and shall reflect the (A) ‘‘within 180 days’’; and such benefits, or if no modifications are most complete and reliable information (B) ‘‘or the date of the cessation of the made before confirmation of the plan, the available. The trustee shall provide to the debtor’s business, whichever occurs first’’; continuation of all such retiree benefits labor organization all information that is and maintained or established in whole or in part relevant for negotiations. The court may (3) in paragraph (5), by striking subpara- by the debtor before the date of the filing of enter a protective order to prevent the dis- graph (B) and inserting the following: the petition; and closure of information if disclosure could ‘‘(B) for each such plan, to the extent of ‘‘(B) provides for recovery of claims arising compromise the debtor’s position with re- the number of employees covered by each from the modification of retiree benefits or spect to its competitors in the industry, sub- such plan, multiplied by $20,000.’’. for other financial returns, as negotiated by ject to the needs of the labor organization to SEC. 102. CLAIM FOR STOCK VALUE LOSSES IN the debtor and the authorized representative evaluate the trustee’s proposals and any ap- DEFINED CONTRIBUTION PLANS. (to the extent that such returns are paid plication for rejection of the agreement or Section 101(5) of title 11, United States under, rather than outside of, a plan).’’. for interim relief pursuant to this section. Code, is amended— SEC. 105. PRIORITY FOR WARN ACT DAMAGES. ‘‘(3) In consideration of Federal policy en- (1) in subparagraph (A), by striking ‘‘or’’ at Section 503(b)(1)(A)(ii) of title 11, United couraging the practice and process of collec- the end; States Code is amended to read as follows: tive bargaining and in recognition of the bar- (2) in subparagraph (B), by inserting ‘‘or’’ ‘‘(ii) wages and benefits awarded pursuant gained-for expectations of the employees after the semicolon; and to a judicial proceeding or a proceeding of covered by the agreement, modifications (3) by adding at the end the following: the National Labor Relations Board as back proposed by the trustee— ‘‘(C) right or interest in equity securities pay or damages attributable to any period of ‘‘(A) shall be proposed only as part of a of the debtor, or an affiliate of the debtor, time occurring after the date of commence- program of workforce and nonworkforce cost

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11238 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 savings devised for the reorganization of the officers, or the 20 next most highly com- (3) in subsection (f), by striking ‘‘(f)’’ and debtor, including savings in management pensated employees or consultants providing all that follows through paragraph (2) and in- personnel costs; services to the debtor during the bank- serting the following: ‘‘(B) shall be limited to modifications de- ruptcy, or such a program was implemented ‘‘(f)(1) If a trustee seeks modification of re- signed to achieve a specified aggregate finan- within 180 days before the date of the filing tiree benefits, then the trustee shall provide cial contribution for the employees covered of the petition, the court shall presume that a notice to the authorized representative by the agreement (taking into consideration the trustee has failed to satisfy the require- that modifications are being proposed pursu- any labor cost savings negotiated within the ments of subsection (c)(3)(C). ant to this section, and shall promptly pro- 12-month period before the filing of the peti- ‘‘(4) In no case shall the court enter an vide an initial proposal. Thereafter, the tion), and shall be not more than the min- order rejecting a collective bargaining agree- trustee shall confer in good faith with the imum savings essential to permit the debtor ment that would result in modifications to a authorized representative at reasonable to exit bankruptcy, such that confirmation level lower than the level proposed by the times and for a reasonable period in light of of a plan of reorganization is not likely to be trustee in the proposal found by the court to the complexity of the case in attempting to followed by the liquidation, or the need for have complied with the requirements of this reach mutually satisfactory modifications. further financial reorganization, of the debt- section. ‘‘(2) The initial proposal and subsequent or (or any successor to the debtor) in the ‘‘(5) At any time after the date on which an proposals by the trustee shall be based upon short term; and order rejecting a collective bargaining agree- a business plan for the reorganization of the ‘‘(C) shall not be disproportionate or overly ment is entered, or in the case of an agree- debtor and shall reflect the most complete burden the employees covered by the agree- ment entered into between the trustee and and reliable information available. The ment, either in the amount of the cost sav- the labor organization providing mutually trustee shall provide to the authorized rep- ings sought from such employees or the na- satisfactory modifications, at any time after resentative all information that is relevant ture of the modifications. such agreement has been entered into, the for the negotiations. The court may enter a labor organization may apply to the court ‘‘(d)(1) If, after a period of negotiations, protective order to prevent the disclosure of for an order seeking an increase in the level the trustee and the labor organization have information if disclosure could compromise of wages or benefits, or relief from working not reached an agreement over mutually sat- the debtor’s position with respect to its com- conditions, based upon changed cir- isfactory modifications, and further negotia- petitors in the industry, subject to the needs cumstances. The court shall grant the re- tions are not likely to produce mutually sat- of the authorized representative to evaluate quest only if the increase or other relief is isfactory modifications, the trustee may file the trustee’s proposals and an application not inconsistent with the standard set forth a motion seeking rejection of the collective pursuant to subsection (g) or (h). in paragraph (2)(E). bargaining agreement after notice and a ‘‘(e) During a period in which a collective ‘‘(3) Modifications proposed by the trust- hearing. Absent agreement of the parties, no bargaining agreement at issue under this ee— such hearing shall be held before the expira- section continues in effect, and if essential ‘‘(A) shall be proposed only as part of a tion of the 21-day period beginning on the to the continuation of the debtor’s business program of workforce and nonworkforce cost date on which notice of the hearing is pro- or in order to avoid irreparable damage to savings devised for the reorganization of the vided to the labor organization representing the estate, the court, after notice and a hear- debtor, including savings in management the employees covered by the agreement. ing, may authorize the trustee to implement personnel costs; Only the debtor and the labor organization interim changes in the terms, conditions, ‘‘(B) shall be limited to modifications that may appear and be heard at such hearing. An wages, benefits, or work rules provided by are designed to achieve a specified aggregate application for rejection shall seek rejection the collective bargaining agreement. Any financial contribution for the retiree group effective upon the entry of an order granting hearing under this subsection shall be sched- represented by the authorized representative the relief. uled in accordance with the needs of the (taking into consideration any cost savings ‘‘(2) In consideration of Federal policy en- trustee. The implementation of such interim implemented within the 12-month period be- couraging the practice and process of collec- changes shall not render the application for fore the date of filing of the petition with re- tive bargaining and in recognition of the bar- rejection moot. spect to the retiree group), and shall be no gained-for expectations of the employees ‘‘(f) Rejection of a collective bargaining more than the minimum savings essential to covered by the agreement, the court may agreement constitutes a breach of the agree- permit the debtor to exit bankruptcy, such grant a motion seeking rejection of a collec- ment, and shall be effective no earlier than that confirmation of a plan of reorganization tive bargaining agreement only if, based on the entry of an order granting such relief. is not likely to be followed by the liquida- clear and convincing evidence— Notwithstanding the foregoing, solely for tion, or the need for further financial reorga- ‘‘(A) the court finds that the trustee has purposes of determining and allowing a nization, of the debtor (or any successor to complied with the requirements of sub- claim arising from the rejection of a collec- the debtor) in the short term; and section (c); tive bargaining agreement, rejection shall be ‘‘(C) shall not be disproportionate or overly ‘‘(B) the court has considered alternative treated as rejection of an executory contract burden the retiree group, either in the proposals by the labor organization and has under section 365(g) and shall be allowed or amount of the cost savings sought from such concluded that such proposals do not meet disallowed in accordance with section group or the nature of the modifications.’’; the requirements of paragraph (3)(B) of sub- 502(g)(1). No claim for rejection damages (4) in subsection (g)— section (c); shall be limited by section 502(b)(7). Eco- (A) by striking ‘‘(g)’’ and all that follows ‘‘(C) the court finds that further negotia- nomic self-help by a labor organization shall through the semicolon at the end of para- tions regarding the trustee’s proposal or an be permitted upon a court order granting a graph (3) and inserting the following: alternative proposal by the labor organiza- motion to reject a collective bargaining ‘‘(g)(1) If, after a period of negotiations, tion are not likely to produce an agreement; agreement under subsection (d) or pursuant the trustee and the authorized representa- ‘‘(D) the court finds that implementation to subsection (e), and no provision of this tive have not reached agreement over mutu- of the trustee’s proposal shall not— title or of any other provision of Federal or ally satisfactory modifications and further ‘‘(i) cause a material diminution in the State law may be construed to the contrary. negotiations are not likely to produce mutu- purchasing power of the employees covered ‘‘(g) The trustee shall provide for the rea- ally satisfactory modifications, then the by the agreement; sonable fees and costs incurred by a labor or- trustee may file a motion seeking modifica- ‘‘(ii) adversely affect the ability of the ganization under this section, upon request tions in the payment of retiree benefits after debtor to retain an experienced and qualified and after notice and a hearing. notice and a hearing. Absent agreement of workforce; or ‘‘(h) A collective bargaining agreement the parties, no such hearing shall be held be- ‘‘(iii) impair the debtor’s labor relations that is assumed shall be assumed in accord- fore the expiration of the 21-day period be- such that the ability to achieve a feasible re- ance with section 365.’’. ginning on the date on which notice of the organization would be compromised; and SEC. 202. PAYMENT OF INSURANCE BENEFITS TO hearing is provided to the authorized rep- ‘‘(E) the court concludes that rejection of RETIRED EMPLOYEES. resentative. Only the debtor and the author- the agreement and immediate implementa- Section 1114 of title 11, United States Code, ized representative may appear and be heard tion of the trustee’s proposal is essential to is amended— at such hearing. permit the debtor to exit bankruptcy, such (1) in subsection (a), by inserting ‘‘, wheth- ‘‘(2) The court may grant a motion to mod- that confirmation of a plan of reorganization er or not the debtor asserts a right to unilat- ify the payment of retiree benefits only if, is not likely to be followed by liquidation, or erally modify such payments under such based on clear and convincing evidence— the need for further financial reorganization, plan, fund, or program’’ before the period at ‘‘(A) the court finds that the trustee has of the debtor (or any successor to the debtor) the end; complied with the requirements of sub- in the short term. (2) in subsection (b)(2), by inserting after section (f); ‘‘(3) If the trustee has implemented a pro- ‘‘section’’ the following: ‘‘, and a labor orga- ‘‘(B) the court has considered alternative gram of incentive pay, bonuses, or other fi- nization serving as the authorized represent- proposals by the authorized representative nancial returns for insiders, senior executive ative under subsection (c)(1),’’; and has determined that such proposals do

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11239 not meet the requirements of subsection wages, accrued vacation, severance, or other complete or partial withdrawal pursuant to (f)(3)(B); benefits owed under the policies and prac- section 4201 of the Employee Retirement In- ‘‘(C) the court finds that further negotia- tices of the debtor, or pursuant to the terms come Security Act of 1974 (29 U.S.C. 1381) tions regarding the trustee’s proposal or an of a collective bargaining agreement, for where such withdrawal occurs on or after the alternative proposal by the authorized rep- services rendered on and after the date of the commencement of the case, an amount equal resentative are not likely to produce a mutu- commencement of the case, then such unpaid to the amount of vested benefits payable ally satisfactory agreement; obligations shall be deemed necessary costs from such pension plan that accrued as a re- ‘‘(D) the court finds that implementation and expenses of preserving, or disposing of, sult of employees’ services rendered to the of the proposal shall not cause irreparable property securing an allowed secured claim debtor during the period beginning on the harm to the affected retirees; and and shall be recovered even if the trustee has date of commencement of the case and end- ‘‘(E) the court concludes that an order otherwise waived the provisions of this sub- ing on the date of the withdrawal from the granting the motion and immediate imple- section under an agreement with the holder plan.’’. mentation of the trustee’s proposal is essen- of the allowed secured claim or a successor TITLE III—RESTRICTING EXECUTIVE tial to permit the debtor to exit bankruptcy, or predecessor in interest.’’. COMPENSATION PROGRAMS such that confirmation of a plan of reorga- SEC. 206. PRESERVATION OF JOBS AND BENE- SEC. 301. EXECUTIVE COMPENSATION UPON EXIT nization is not likely to be followed by liq- FITS. FROM BANKRUPTCY. uidation, or the need for further financial re- Title 11, United States Code, is amended— Section 1129(a) of title 11, United States organization, of the debtor (or a successor to (1) by inserting before section 1101 the fol- Code, is amended— the debtor) in the short term. lowing: (1) in paragraph (4), by adding at the end ‘‘(3) If a trustee has implemented a pro- ‘‘SEC. 1100. STATEMENT OF PURPOSE. the following: ‘‘Except for compensation sub- gram of incentive pay, bonuses, or other fi- ‘‘A debtor commencing a case under this ject to review under paragraph (5), payments nancial returns for insiders, senior executive chapter shall have as its principal purpose or other distributions under the plan to or officers, or the 20 next most highly-com- the reorganization of its business to preserve for the benefit of insiders, senior executive pensated employees or consultants providing going concern value to the maximum extent officers, and any of the 20 next most highly services to the debtor during the bank- possible through the productive use of its as- compensated employees or consultants pro- ruptcy, or such a program was implemented sets and the preservation of jobs that will viding services to the debtor, shall not be ap- within 180 days before the date of the filing sustain productive economic activity.’’; proved except as part of a program of pay- of the petition, the court shall presume that (2) in section 1129(a), as amended by sec- ments or distributions generally applicable the trustee has failed to satisfy the require- tion 104, by adding at the end the following: to employees of the debtor, and only to the ments of subparagraph (f)(3)(C).’’; and ‘‘(18) The debtor has demonstrated that the extent that the court determines that such (B) by striking ‘‘except that in no case’’ reorganization preserves going concern value payments are not excessive or dispropor- and inserting the following: to the maximum extent possible through the tionate compared to distributions to the ‘‘(4) In no case’’; and productive use of the debtor’s assets and pre- debtor’s nonmanagement workforce.’’; and (5) by striking subsection (k) and redesig- serves jobs that sustain productive economic (2) in paragraph (5)— nating subsections (l) and (m) as subsections activity.’’; (A) in subparagraph (A)(ii), by striking (k) and (l), respectively. (3) in section 1129(c), by striking the last ‘‘and’’ at the end; and SEC. 203. PROTECTION OF EMPLOYEE BENEFITS sentence and inserting the following: ‘‘If the (B) in subparagraph (B), by striking the pe- IN A SALE OF ASSETS. requirements of subsections (a) and (b) are riod at the end and inserting the following: Section 363(b) of title 11, United States met with respect to more than 1 plan, the ‘‘; and Code, is amended by adding at the end the court shall, in determining which plan to ‘‘(C) the compensation disclosed pursuant following: confirm— to subparagraph (B) has been approved by, or ‘‘(3) In approving a sale under this sub- ‘‘(1) consider the extent to which each plan is subject to the approval of, the court as section, the court shall consider the extent would preserve going concern value through reasonable when compared to individuals to which a bidder has offered to maintain ex- the productive use of the debtor’s assets and holding comparable positions at comparable isting jobs, preserve terms and conditions of the preservation of jobs that sustain produc- companies in the same industry and not dis- employment, and assume or match pension tive economic activity; and proportionate in light of economic conces- and retiree health benefit obligations in de- ‘‘(2) confirm the plan that better serves sions by the debtor’s nonmanagement work- termining whether an offer constitutes the such interests. force during the case.’’. highest or best offer for such property.’’. A plan that incorporates the terms of a set- SEC. 302. LIMITATIONS ON EXECUTIVE COM- SEC. 204. CLAIM FOR PENSION LOSSES. tlement with a labor organization rep- PENSATION ENHANCEMENTS. Section 502 of title 11, United States Code, resenting employees of the debtor shall pre- Section 503(c) of title 11, United States is amended by adding at the end the fol- Code, is amended— sumptively constitute the plan that satisfies lowing: (1) in paragraph (1)— this subsection.’’; and ‘‘(l) The court shall allow a claim asserted (A) by inserting ‘‘, a senior executive offi- (4) in the table of sections for chapter 11, by an active or retired participant, or by a cer, or any of the 20 next most highly com- by inserting the following before the item re- labor organization representing such partici- pensated employees or consultants’’ after lating to section 1101: pants, in a defined benefit plan terminated ‘‘an insider’’; under section 4041 or 4042 of the Employee ‘‘1100. Statement of purpose.’’. (B) by inserting ‘‘or for the payment of Retirement Income Security Act of 1974, for SEC. 207. TERMINATION OF EXCLUSIVITY. performance or incentive compensation, or a any shortfall in pension benefits accrued as Section 1121(d) of title 11, United States bonus of any kind, or other financial returns of the effective date of the termination of Code, is amended by adding at the end the designed to replace or enhance incentive, such pension plan as a result of the termi- following: stock, or other compensation in effect before nation of the plan and limitations upon the ‘‘(3) For purposes of this subsection, cause the date of the commencement of the case,’’ payment of benefits imposed pursuant to sec- for reducing the 120-day period or the 180-day after ‘‘remain with the debtor’s business,’’; tion 4022 of such Act, notwithstanding any period includes the following: and claim asserted and collected by the Pension ‘‘(A) The filing of a motion pursuant to (C) by inserting ‘‘clear and convincing’’ be- Benefit Guaranty Corporation with respect section 1113 seeking rejection of a collective fore ‘‘evidence in the record’’; and to such termination. bargaining agreement if a plan based upon (2) by amending paragraph (3) to read as ‘‘(m) The court shall allow a claim of a an alternative proposal by the labor organi- follows: kind described in section 101(5)(C) by an ac- zation is reasonably likely to be confirmed ‘‘(3) other transfers or obligations, to or for tive or retired participant in a defined con- within a reasonable time. the benefit of insiders, senior executive offi- tribution plan (within the meaning of sec- ‘‘(B) The proposed filing of a plan by a pro- cers, managers, or consultants providing tion 3(34) of the Employee Retirement In- ponent other than the debtor, which incor- services to the debtor, in the absence of a come Security Act of 1974 (29 U.S.C. porates the terms of a settlement with a finding by the court, based upon clear and 1002(34))), or by a labor organization rep- labor organization if such plan is reasonably convincing evidence, and without deference resenting such participants. The amount of likely to be confirmed within a reasonable to the debtor’s request for such payments, such claim shall be measured by the market time.’’. that such transfers or obligations are essen- value of the stock at the time of contribu- SEC. 208. CLAIM FOR WITHDRAWAL LIABILITY. tial to the survival of the debtor’s business tion to, or purchase by, the plan and the Section 503(b) of title 11, United States or (in the case of a liquidation of some or all value as of the commencement of the case.’’. Code, as amended by section 103 of this Act, of the debtor’s assets) essential to the or- SEC. 205. PAYMENTS BY SECURED LENDER. is amended by adding at the end the fol- derly liquidation and maximization of value Section 506(c) of title 11, United States lowing: of the assets of the debtor, in either case, be- Code, is amended by adding at the end the ‘‘(11) with respect to withdrawal liability cause of the essential nature of the services following: ‘‘If employees have not received owed to a multiemployer pension plan for a provided, and then only to the extent that

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11240 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 the court finds such transfers or obligations tions when compared to the total benefit li- (2) in paragraph (28), by striking the period are reasonable compared to individuals hold- abilities before such termination. The court at the end and inserting ‘‘; and’’; and ing comparable positions at comparable shall not take into account pension benefits (3) by adding at the end the following: companies in the same industry and not dis- paid or payable under title IV of the Em- ‘‘(29) of the commencement or continu- proportionate in light of economic conces- ployee Retirement Income Security Act of ation of a grievance, arbitration, or similar sions by the debtor’s nonmanagement work- 1974 as a result of any such termination. dispute resolution proceeding established by force during the case.’’. ‘‘(c) Upon the determination of the per- a collective bargaining agreement that was SEC. 303. ASSUMPTION OF EXECUTIVE BENEFIT centage diminution in value under sub- or could have been commenced against the PLANS. section (a) or (b), the estate shall have a debtor before the filing of a case under this Section 365 of title 11, United States Code, claim for the return of the same percentage title, or the payment or enforcement of an is amended— of the compensation paid, directly or indi- award or settlement under such pro- (1) in subsection (a), by striking ‘‘and (d)’’ rectly (including any transfer to a self-set- ceeding.’’. and inserting ‘‘(d), (q), and (r)’’; and tled trust or similar device, or to a non- (2) by adding at the end the following: qualified deferred compensation plan under By Mr. GRASSLEY (for himself, ‘‘(q) No deferred compensation arrange- section 409A(d)(1) of the Internal Revenue Mr. KYL, Mr. CORNYN, Mr. LEE, ment for the benefit of insiders, senior exec- Code of 1986) to any officer of the debtor Mr. PAUL, and Mr. COBURN): utive officers, or any of the 20 next most serving as member of the board of directors S. 3382. A bill to impose certain limi- highly compensated employees of the debtor of the debtor within the year before the date tations on consent decrees and settle- shall be assumed if a defined benefit plan for of the commencement of the case, and any employees of the debtor has been terminated individual serving as chairman or lead direc- ment agreements by agencies that re- pursuant to section 4041 or 4042 of the Em- tor of the board of directors at the time of quire the agencies to take regulatory ployee Retirement Income Security Act of the granting of relief under section 1113 or action in accordance with the terms 1974, on or after the date of the commence- 1114 or, if no such relief has been granted, the thereof, and for other purposes; to the ment of the case or within 180 days before termination of the defined benefit plan. Committee on the Judiciary. the date of the commencement of the case. ‘‘(d) The trustee or a committee appointed Mr. GRASSLEY. Mr. President, I rise ‘‘(r) No plan, fund, program, or contract to pursuant to section 1102 may commence an today to introduce important regu- provide retiree benefits for insiders, senior action to recover such claims, except that if latory reform legislation. executive officers, or any of the 20 next most neither the trustee nor such committee com- Recently, when describing the state highly compensated employees of the debtor mences an action to recover such claim by shall be assumed if the debtor has obtained the first date set for the hearing on the con- of our economy, President Obama said relief under subsection (g) or (h) of section firmation of plan under section 1129, any that the private sector was ‘‘doing 1114 to impose reductions in retiree benefits party in interest may apply to the court for fine.’’ or under subsection (d) or (e) of section 1113 authority to recover such claim for the ben- I disagree. I think that the American to impose reductions in the health benefits efit of the estate. The costs of recovery shall people disagree with the President’s of active employees of the debtor, or reduced be borne by the estate. statement. or eliminated health benefits for active or ‘‘(e) The court shall not award postpetition There are 12.7 million Americans un- retired employees within 180 days before the compensation under section 503(c) or other- employed and another 8.2 million un- date of the commencement of the case.’’. wise to any person subject to subsection (c) deremployed. 5.4 million Americans if there is a reasonable likelihood that such SEC. 304. RECOVERY OF EXECUTIVE COMPENSA- have been unemployed for 27 weeks or TION. compensation is intended to reimburse or re- Title 11, United States Code, is amended by place compensation recovered by the estate more. inserting after section 562 the following: under this section.’’. That’s not ‘‘doing fine.’’ ‘‘SEC. 563. RECOVERY OF EXECUTIVE COMPENSA- SEC. 305. PREFERENTIAL COMPENSATION TRANS- The Federal Government needs to do TION. FER. everything possible to create an envi- ‘‘(a) If a debtor has obtained relief under Section 547 of title 11, United States Code, ronment that will allow private sector subsection (d) of section 1113, or subsection is amended by adding at the end the fol- employers to create jobs. To accom- (g) of section 1114, by which the debtor re- lowing: plish that, common sense would tell us duces the cost of its obligations under a col- ‘‘(j) The trustee may avoid a transfer to or that the government needs to remove lective bargaining agreement or a plan, fund, for the benefit of an insider (including an ob- barriers to job creation rather than or program for retiree benefits as defined in ligation incurred for the benefit of an insider section 1114(a), the court, in granting relief, under an employment contract) made in an- erect new ones. The Federal Govern- shall determine the percentage diminution ticipation of bankruptcy, or a transfer made ment needs to listen to employers so it in the value of the obligations when com- in anticipation of bankruptcy to a consult- can learn from them exactly what it pared to the debtor’s obligations under the ant who is formerly an insider and who is re- can do to help. collective bargaining agreement, or with re- tained to provide services to an entity that Unfortunately, the Obama adminis- spect to retiree benefits, as of the date of the becomes a debtor (including an obligation tration hasn’t listened. In fact, unbe- commencement of the case under this title under a contract to provide services to such lievably it is actually doing the oppo- before granting such relief. In making its de- entity or to a debtor) made or incurred on or site of what employers are saying they termination, the court shall include reduc- within 1 year before the filing of the peti- need. tions in benefits, if any, as a result of the tion. No provision of subsection (c) shall con- termination pursuant to section 4041 or 4042 stitute a defense against the recovery of Employers are saying that they need of the Employee Retirement Income Secu- such transfer. The trustee or a committee relief from job killing regulations. rity Act of 1974, of a defined benefit plan ad- appointed pursuant to section 1102 may com- For example, according to a Gallup ministered by the debtor, or for which the mence an action to recover such transfer, ex- survey, small-business owners in the debtor is a contributing employer, effective cept that, if neither the trustee nor such United States are most likely to say at any time on or after 180 days before the committee commences an action to recover that complying with government regu- date of the commencement of a case under such transfer by the time of the commence- lations is the biggest problem facing this title. The court shall not take into ac- ment of a hearing on the confirmation of a them today. count pension benefits paid or payable under plan under section 1129, any party in interest Indeed, the burden of regulations is of such Act as a result of any such termi- may apply to the court for authority to re- nation. cover the claims for the benefit of the estate. overwhelming. Recently, the Small ‘‘(b) If a defined benefit pension plan ad- The costs of recovery shall be borne by the Business Administration estimated ministered by the debtor, or for which the estate.’’. that the Federal regulatory burden has debtor is a contributing employer, has been TITLE IV—OTHER PROVISIONS reached $1.75 trillion per year. terminated pursuant to section 4041 or 4042 of So what has the Obama administra- the Employee Retirement Income Security SEC. 401. UNION PROOF OF CLAIM. tion’s response been? Section 501(a) of title 11, United States Act of 1974, effective at any time on or after It is planning to increase the number 180 days before the date of the commence- Code, is amended by inserting ‘‘, including a labor organization,’’ after ‘‘A creditor’’. of regulations. ment of a case under this title, but a debtor The Obama administration’s regu- has not obtained relief under subsection (d) SEC. 402. EXCEPTION FROM AUTOMATIC STAY. of section 1113, or subsection (g) of section Section 362(b) of title 11, United States latory agenda has thousands of regula- 1114, then the court, upon motion of a party Code, is amended— tions in its production line, more than in interest, shall determine the percentage (1) in paragraph (27), by striking ‘‘and’’ at a hundred of which will have a major diminution in the value of benefit obliga- the end; impact on the economy. Those are on

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11241 top of more than one thousand regula- issue of whether meaningful judicial cember 2008, challenging the agency’s tions already completed. review is taking place. failure to create emissions standards I am sorry to say that the news gets Under the Administrative Procedure for pollutants from power plants under even worse. On top of the thousands of Act and other laws, the public and af- the Clean Air Act. Subsequently, the new regulations it to impose, it ap- fected persons, in particular, have a Utility Air Regulatory Group, UARG, pears that the administration is trying right to adequate notice and an oppor- representing the utility industry, in- to get around the procedures governing tunity to comment on a proposed regu- tervened as a defendant in the case. how regulations are enacted. lation. They also have a right to have On October 22, 2009, the plaintiffs and In recent years, consent decrees and their comments fully considered. the EPA filed a proposed consent de- settlement agreements have been used However, when sue-and-settle litiga- cree. It was the result of a deal struck to circumvent the laws and procedures tion is used real, public participation is exclusively between them. They did that govern how regulations are en- effectively eliminated. not include the UARG in their discus- acted and to speed up the process in Generally speaking, the agreement sions. Although the judge expressed ways that limit the public’s ability to on how to regulate is reached without concerns about the exclusion of the fully participate and to exercise the the full input of the people and busi- UARG from the settlement discussions, rights guaranteed by our laws. nesses that are affected. Discussions she was satisfied when the plaintiffs These consent decrees or settlement are held and agreements may be and the EPA informed her that this agreements may come as a surprise to reached between government officials practice was the ‘‘norm.’’ the regulated industry and the public. and special interest groups outside the Under the consent decree, the EPA They usually establish truncated dead- public process. This is particularly true conceded that it had failed to perform lines for the agency to promulgate a where career employees and political a mandatory duty under the Clean Air regulation. appointees at agencies share the agen- Act by failing to issue a ‘‘maximum The lack of advance notice and the da of the special interest group suing achievable control technology’’, expedited schedule for the proposal and the agency and use the lawsuit as an MACT, regulation for power plants. promulgation of regulations allows an opportunity to implement their com- The EPA pledged that it would issue a agency to avoid the input that comes mon goals. proposed regulation by March 16, 2011 with meaningful public participation. Also, the negotiated deadlines for and a final regulation by November 16, It may also allow agencies to short-cir- creating the new regulation can be so 2011. cuit the analytical requirements of accelerated that the public’s comments The UARG objected to the consent regulatory process statutes, such as might receive little or no true consid- decree. It argued that the proposed de- the Administrative Procedure Act. Ex- eration. cree improperly limited the govern- pedited deadlines further allow agen- Keep in mind that these regulations ment’s discretion because it required cies to undercut the review of proposed often involve complex scientific and the EPA to find that standards under regulations by the Office of Manage- economic issues. Those issues cannot 112(d) of the Clean Air Act were re- ment and Budget’s Office of Informa- generally be fully and properly consid- quired. Consequently, the decree pre- tion and Regulatory Affairs OIRA. ered under a truncated time frame. vented the agency from either declin- The practice of using consent decrees Another fundamental aspect of rule- ing to issue standards or adopting and settlement agreements to enact making is the opportunity to challenge other standards instead of the more regulations has become known as ‘‘sue- a decision by participating as an inter- burdensome MACT standard. and-settle’’ litigation. venor. However, with sue-and-settle Although acknowledging the signifi- The dangers of sue-and-settle litiga- litigation, special interest groups and cance of the UARG’s arguments, the tion and of government by consent de- the government may reach an agree- judge nevertheless rejected them in its cree are not a new problem. ment before a lawsuit is even filed. short opinion approving the consent Nearly 30 years ago, Judge Malcom This eliminates the opportunity for decree. Wilkey of the D.C. Circuit warned members of the public to intervene in As to the language limiting the about the dangers of collusive consent the case to protect their interests. EPA’s discretion in the rulemaking, decrees. In his dissenting opinion in Even where a settlement occurs after the judge stated that the EPA believed Citizens for a Better Environment v. affected parties may have been granted itself to be obligated to promulgate Gorsuch, Judge Wilkey explained: intervention, these parties have little 112(d) standards and, ‘‘and by entering Government by consent decree enshrines or no chance to participate in settle- this consent decree the Court [wa]s at its very center those special interest ment discussions because they are not only accepting the parties’ agreement groups who are party to the decree. They invited by the government and the spe- to settle, not adjudicating whether stand in a strong tactical position to oppose cial interest groups. EPA’s legal position [wa]s correct.’’ changing the decree, and so likely will enjoy Moreover, when an agency creates a The judge simply believed that ‘‘[i]f material influence on proposed changes in regulation through sue-and-settle liti- necessary, [the] UARG c[ould] chal- agency policy. gation, it reorganizes its work by lenge [the] EPA’s final rule and its As a policy device, then, government by promising to take specific actions at legal position.’’ consent decree serves no necessary end. It opens the door to unforeseeable mischief; it specific times, before or instead of With regard to the UARG’s argument degrades the institutions of representative other projects that may be of greater that the time frame within which the democracy and augments the power of spe- benefit to the public. EPA proposed to carry out the rule- cial interest groups. It does all of this in a Also, sue-and-settle litigation helps making was insufficient, the judge society that hardly needs new devices that officials and administrations to avoid noted that she ‘‘appreciate[d]’’ the con- emasculate representative democracy and accountability. Instead of having to cern that the schedule was too short strengthen the power of special interests. answer to the public for controversial for the critical and expensive regu- Because the Obama administration is regulations and policy decisions, offi- latory decisions that would be made. trying to dramatically increase the cials are able to point to a court order Nevertheless, she held that it was number of regulations, we must make and maintain that they were required enough that the proposed consent de- sure that the laws and procedures gov- or forced to promulgate a controversial cree allowed for a change of the sched- erning rulemaking are followed and regulation. ule if needed. followed in a meaningful way. The case of American Nurses Asso- The judge’s reasoning on this point The debate about sue-and-settle liti- ciation v. Jackson is an example of the was interesting given that she ac- gation is important because it raises sue-and-settle phenomenon. knowledged in a footnote that under questions about fairness, transparency In that case, a group of environ- the consent decree, the UARG could and public participation in administra- mental organizations sued the Environ- not petition for an extension of the tive rulemaking. It also raises the mental Protection Agency, EPA, in De- deadlines.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11242 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 In the end, the judge acknowledged In sum, when special interest groups afford any relief that the court could that the concerns raised by the UARG and agencies engage in sue-and-settle not enter under its own authority. were not insubstantial. However, she litigation, the end product is a regula- Finally, the Sunshine bill makes it did not believe that she could gauge tion that implements the priorities of easier for succeeding administrations the adequacy, or lack thereof, of the the special interest groups. Moreover, to successfully move the courts for schedule. Consequently, in a somewhat these regulations are created under modifications of a prior administra- cavalier manner the judge concluded schedules that render notice-and-com- tion’s consent decrees by providing for that: ‘‘[s]hould haste make waste, the ment rights a mere formality, elimi- de novo review of motions to modify if resulting regulations will be subject to nating the opportunities for regulated the circumstances have changed. successful challenge’’. . . . If EPA entities, the public and the OIRA to Sue-and-settle litigation damages needs more time to get it right, it can have any input on the content of final the transparency, public participation seek more time.’’ regulations. and judicial review protections Con- Unfortunately, it appears that the That is why I’m introducing the Sun- gress has guaranteed for all of our citi- EPA’s proposed regulation contained shine for Regulatory Decrees and Set- zens in the rulemaking process. significant errors. Indeed, the EPA did tlements Act of 2012. Senators KYL, Regulations are laws. The procedure not analyze the impact of its regula- CORNYN, COBURN, LEE and PAUL are co- and process used to create them are tion on electric reliability or provide sponsors of the bill. important. They are part of our sys- sufficient time for industry to do so. Representative BENJAMIN QUAYLE of tem. The American system of law- In November of 2011, the UARG Arizona has introduced a companion making and judicial review is a model brought its concerns to the judge, ask- bill in the House. for the world. Our system should not be ing for relief from the consent decree. The Sunshine bill endeavors to solve distorted or manipulated. In particular, it argued that more the problems I have outlined. It does Regulations must be made in the time was needed to respond to the vo- this by enacting reasonable pro-trans- open, through the procedures and proc- luminous comments submitted during parency measures. I’ll just outline a esses established under our laws. the rulemaking process, to fix the seri- few of those measures. The Sunshine for Regulatory Decrees ous flaws, and to then more carefully First, the Sunshine bill provides for and Settlements Act will help to en- consider the promulgation of a rule greater transparency, requiring agen- sure that established and well-ground- with such serious and far-reaching con- cies publicly to post and report to Con- ed protections remain in place, while sequences. For example, the schedule gress information on sue-and-settle maintaining the government’s ability under the consent decree only allowed complaints, decrees and settlements. to enter into consent decrees and set- 104 days for the EPA to consider and Second, the bill prohibits same-day tlement agreements, when appropriate. respond to 20,000 unique, public com- filing of complaints and pre-negotiated I urge all of my colleagues to work ments received before it published the consent decrees and settlement agree- with me and to support this legisla- final rule. In total, there were 960,000 ments in cases seeking to compel agen- tion. comments submitted. cy action. Instead, it requires that con- f sent decrees and settlement agree- The UARG’s motion was supported AMENDMENTS SUBMITTED AND ments be filed only after interested by twenty-four states and Governor PROPOSED Terry Branstad on behalf of the people parties have been able to intervene in of Iowa. As part of their amicus brief, the litigation and join settlement ne- SA 2532. Mr. VITTER submitted an amend- they pointed out that the American gotiations and only after any proposed ment intended to be proposed by him to the decree or settlement has been pub- bill S. 2237, to provide a temporary income Coalition for Clean Coal Electricity, tax credit for increased payroll and extend ACCCE, had estimated that the rule lished for notice and comment. bonus depreciation for an additional year, promulgated under the consent decree Third, the Sunshine bill requires and for other purposes; which was ordered to would result in the loss of 1.44 million courts considering whether to approve lie on the table. jobs in the United States between 2013 proposed consent decrees and settle- SA 2533. Mr. BARRASSO (for himself, Mr. and 2020. Because of the rule, the ment agreements to account for public HATCH, and Ms. SNOWE) submitted an amend- ACCCE also predicts national elec- comments and compliance with regu- ment intended to be proposed by him to the tricity price increases in 2016 to aver- latory process statutes and executive bill S. 2237, supra; which was ordered to lie orders. This bill would facilitate public on the table. age 11.5 percent, with an increase of SA 2534. Mr. COBURN submitted an 23.5 percent in some regions. participation by allowing comment on amendment intended to be proposed by him The EPA issued a final rule on De- any issue related to the matters al- to the bill S. 2237, supra; which was ordered cember 21, 2011, and has argued that leged in the complaint or addressed in to lie on the table. the UARG’s motion is moot. the proposed agreement. Government SA 2535. Mr. COBURN submitted an As it stands, the rule is among the agencies would be required to respond amendment intended to be proposed by him most costly of rules ever promulgated to comments, and the court would as- to the bill S. 2237, supra; which was ordered by the EPA with the agency estimating sess whether the proposed schedule al- to lie on the table. SA 2536. Mr. COBURN submitted an amend- that the annualized cost at $9.6 billion lows sufficient time for real and mean- ment intended to be proposed by him to the in 2015. Industry estimates are even ingful, public comment on the regula- bill S. 2237, supra; which was ordered to lie higher. Petitions for reconsideration of tion. on the table. the rule are pending and more lawsuits Fourth, the bill requires the Attor- SA 2537. Mr. COBURN (for himself and Mr. are likely. ney General or, where appropriate, the BURR) submitted an amendment intended to The EPA could have done it right the defendant agency’s head, to certify to be proposed by him to the bill S. 2237, supra; first time by crafting a sensible, work- the court that he or she has approved which was ordered to lie on the table. SA 2538. Mr. KYL (for himself and Mr. able rule that both protects the envi- any proposed consent decree or settle- THUNE) submitted an amendment intended to ronment and can be implemented with- ment agreement that includes terms be proposed by him to the bill S. 2237, supra; out causing unnecessary job losses or that: convert into a duty a discre- which was ordered to lie on the table. higher electricity prices for hard-work- tionary authority of an agency to pro- SA 2539. Mr. KYL (for himself and Mr. ing families. Instead, we have flawed, pose, promulgate, revise, or amend reg- THUNE) submitted an amendment intended to controversial regulation that may have ulations, commit an agency to expend be proposed by him to the bill S. 2237, supra; to be rewritten. funds that have not been appropriated which was ordered to lie on the table. Although we don’t know how this and budgeted, commit an agency to SA 2540. Mr. KYL submitted an amend- ment intended to be proposed by him to the will all turn out, we have to remember seek a particular appropriation or bill S. 2237, supra; which was ordered to lie that the process by which this rule was budget authorization, divest an agency on the table. created was the product of a consent of discretion committed to it by stat- SA 2541. Mr. PAUL submitted an amend- decree. ute or the Constitution, or otherwise ment intended to be proposed by him to the

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11243 bill S. 2237, supra; which was ordered to lie SEC. ll. SUSPENSION OF FINES FOR FIRST-TIME any requirement regarding collection of in- on the table. PAPERWORK VIOLATIONS BY SMALL formation by the agency. BUSINESS CONCERNS. SA 2542. Mr. SANDERS submitted an ‘‘(B) OTHER AGENCIES.—For purposes of amendment intended to be proposed to Section 3506 of title 44, United States Code making a determination under subparagraph (commonly referred to as the ‘‘Paperwork amendment SA 2521 proposed by Mr. REID (A), the head of an agency shall not take Reduction Act’’), is amended by adding at (for Ms. LANDRIEU) to the bill S. 2237, supra; into account any violation of a requirement the end the following: which was ordered to lie on the table. regarding collection of information by an- ‘‘(j) SMALL BUSINESSES.— SA 2543. Mr. SANDERS submitted an other agency.’’. ‘‘(1) SMALL BUSINESS CONCERN.—In this sub- amendment intended to be proposed to section, the term ‘small business concern’ SA 2533. Mr. BARRASSO (for him- amendment SA 2521 proposed by Mr. REID has the same meaning given as in section 3 (for Ms. LANDRIEU) to the bill S. 2237, supra; of the Small Business Act (15 U.S.C. 632). self, Mr. HATCH, and Ms. SNOWE) sub- which was ordered to lie on the table. ‘‘(2) IN GENERAL.—In the case of a first- mitted an amendment intended to be SA 2544. Mr. WYDEN submitted an amend- time violation by a small business concern of proposed by him to the bill S. 2237, to ment intended to be proposed by him to the a requirement regarding the collection of in- provide a temporary income tax credit bill S. 2237, supra; which was ordered to lie formation by an agency, the head of the for increased payroll and extend bonus on the table. agency shall not impose a civil fine on the SA 2545. Mr. MANCHIN (for himself and depreciation for an additional year, small business concern unless the head of the and for other purposes; which was or- Mr. BEGICH) submitted an amendment in- agency determines that— tended to be proposed by him to the bill S. ‘‘(A) the violation has the potential to dered to lie on the table; as follows: 2237, supra; which was ordered to lie on the cause serious harm to the public interest; At the end, add the following: table. ‘‘(B) failure to impose a civil fine would SEC. ll. PROTECTING PATIENTS FROM HIGHER SA 2546. Mrs. SHAHEEN (for herself and impede or interfere with the detection of PREMIUMS. Mr. PORTMAN) submitted an amendment in- criminal activity; Section 9010 of the Patient Protection and tended to be proposed by her to the bill S. ‘‘(C) the violation is a violation of an inter- Affordable Care Act (Public Law 111–148), as 2237, supra; which was ordered to lie on the nal revenue law or a law concerning the as- amended by section 10905 of such Act and by table. sessment or collection of any tax, debt, rev- section 1406 of the Health Care and Edu- SA 2547. Mr. ROBERTS (for himself, Mr. enue, or receipt; cation Reconciliation Act of 2010 (Public HATCH, Mr. RUBIO, Mr. BURR, Ms. COLLINS, ‘‘(D) the violation was not corrected on or Law 111–152), is repealed. Mr. BROWN of Massachusetts, Mr. COBURN, before the date that is 6 months after the Mr. ALEXANDER, and Mr. KIRK) submitted an date on which the small business concern re- SA 2534. Mr. COBURN submitted an amendment intended to be proposed by him ceives notification of the violation in writ- amendment intended to be proposed by to the bill S. 2237, supra; which was ordered ing from the agency; or him to the bill S. 2237, to provide a to lie on the table. ‘‘(E) except as provided in paragraph (3), temporary income tax credit for in- SA 2548. Mr. WYDEN submitted an amend- the violation presents a danger to the public creased payroll and extend bonus de- ment intended to be proposed to amendment health or safety. preciation for an additional year, and SA 2521 proposed by Mr. REID (for Ms. LAN- ‘‘(3) DANGER TO PUBLIC HEALTH OR SAFE- DRIEU) to the bill S. 2237, supra; which was TY.— for other purposes; which was ordered ordered to lie on the table. ‘‘(A) IN GENERAL.—In any case in which the to lie on the table; as follows: SA 2549. Ms. SNOWE (for herself and Mr. head of an agency determines under para- At the appropriate place, insert the fol- COBURN) submitted an amendment intended graph (2)(E) that a violation presents a dan- lowing: to be proposed to amendment SA 2521 pro- ger to the public health or safety, the head SEC. l. NO MORTGAGE INTEREST DEDUCTION posed by Mr. REID (for Ms. LANDRIEU) to the of the agency may, notwithstanding para- FOR MILLIONAIRES AND BILLION- bill S. 2237, supra; which was ordered to lie graph (2)(E), determine not to impose a civil AIRES. on the table. fine on the small business concern if the vio- (a) IN GENERAL.—Section 163(h)(4) of the SA 2550. Ms. SNOWE (for herself and Mr. lation is corrected not later than 24 hours Internal Revenue Code of 1986 is amended by COBURN) submitted an amendment intended after receipt by the owner of the small busi- adding at the end the following new subpara- to be proposed to amendment SA 2521 pro- ness concern of notification of the violation graph: posed by Mr. REID (for Ms. LANDRIEU) to the in writing. ‘‘(G) NO DEDUCTION FOR MILLIONAIRES AND bill S. 2237, supra; which was ordered to lie ‘‘(B) CONSIDERATIONS.—In determining BILLIONAIRES.— on the table. whether to allow a small business concern 24 ‘‘(i) IN GENERAL.—Except as provided in SA 2551. Ms. SNOWE (for herself and Mr. hours to correct a violation under subpara- clause (ii), no deduction shall be allowed by COBURN) submitted an amendment intended graph (A), the head of an agency shall take reason of paragraph (2)(D) for any taxable to be proposed to amendment SA 2521 pro- into account all of the facts and cir- year with respect to any taxpayer with an posed by Mr. REID (for Ms. LANDRIEU) to the cumstances regarding the violation, includ- adjusted gross income equal to or greater bill S. 2237, supra; which was ordered to lie ing— than $1,000,000 for such taxable year. on the table. ‘‘(i) the nature and seriousness of the vio- ‘‘(ii) TERMINATION.—Clause (i) shall not SA 2552. Ms. SNOWE (for herself and Mr. lation, including whether the violation is apply to any taxable year beginning after COBURN) submitted an amendment intended technical or inadvertent or involves willful the date on which the aggregate savings to be proposed to amendment SA 2521 pro- or criminal conduct; from the elimination of the deductions and posed by Mr. REID (for Ms. LANDRIEU) to the ‘‘(ii) whether the small business concern credits for millionaires attributable to the bill S. 2237, supra; which was ordered to lie has made a good faith effort to comply with enactment of sections 4 through 11 of the on the table. applicable laws and to remedy the violation Small Business Jobs and Tax Relief Act SA 2553. Mr. REID (for Mrs. GILLIBRAND within the shortest practicable period of matches dollar for dollar the decrease in rev- (for herself, Mr. ISAKSON, Mr. CHAMBLISS, and time; and enue attributable to the enactment of sec- Mr. DURBIN)) proposed an amendment to the ‘‘(iii) whether the small business concern tions 2 and 3 of such Act.’’. bill H.R. 2527, to require the Secretary of the has obtained a significant economic benefit (b) EFFECTIVE DATE.—The amendment Treasury to mint coins in recognition and from the violation. made by this section shall apply to taxable celebration of the National Baseball Hall of ‘‘(C) NOTICE TO CONGRESS.—In any case in years beginning after December 31, 2011. Fame. which the head of an agency imposes a civil SEC. l. NO RENTAL EXPENSE DEDUCTION FOR fine on a small business concern for a viola- MILLIONAIRES AND BILLIONAIRES. f tion that presents a danger to the public (a) IN GENERAL.—Section 212 of the Inter- nal Revenue Code of 1986 is amended by add- TEXT OF AMENDMENTS health or safety and does not allow the small business concern 24 hours to correct the vio- ing at the end the following new flush sen- SA 2532. Mr. VITTER submitted an lation under subparagraph (A), the head of tence: amendment intended to be proposed by the agency shall notify Congress regarding ‘‘Paragraph (2) shall not apply for any tax- him to the bill S. 2237, to provide a the determination not later than 60 days able year with respect to any taxpayer with temporary income tax credit for in- after the date on which the civil fine is im- an adjusted gross income equal to or greater creased payroll and extend bonus de- posed by the agency. than $1,000,000 for such taxable year. The pre- preciation for an additional year, and ‘‘(4) LIMITED TO FIRST-TIME VIOLATIONS.— ceding sentence shall not apply to any tax- ‘‘(A) IN GENERAL.—This subsection shall able year beginning after the date on which for other purposes; which was ordered not apply to any violation by a small busi- the aggregate savings from the elimination to lie on the table; as follows: ness concern of a requirement regarding col- of the deductions and credits for millionaires At the appropriate place, insert the fol- lection of information by an agency if the attributable to the enactment of sections 4 lowing: small business concern previously violated through 11 of the Small Business Jobs and

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11244 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 Tax Relief Act matches dollar for dollar the SEC. l. NO HOUSEHOLD AND DEPENDENT CARE sidized part B premium amount, adjusted as decrease in revenue attributable to the en- CREDIT FOR MILLIONAIRES AND required in accordance with subsections (b), actment of sections 2 and 3 of such Act.’’. BILLIONAIRES. (c), and (f), and to reflect any credit under (a) IN GENERAL.—Section 21 of the Internal (b) EFFECTIVE DATE.—The amendment section 1854(b)(1)(C)(ii)(III). Revenue Code of 1986 is amended by redesig- made by this section shall apply to taxable ‘‘(2) APPLICABLE AMOUNT DESCRIBED.— nating subsection (f) as subsection (g) and by years beginning after December 31, 2011. ‘‘(A) IN GENERAL.—For purposes of para- inserting after subsection (e) the following graph (1), subject to subparagraph (C), the l SEC. . NO GAMBLING LOSS DEDUCTION FOR new subsection: applicable amount described in this para- MILLIONAIRES AND BILLIONAIRES. ‘‘(f) NO CREDIT FOR MILLIONAIRES AND BIL- graph is $150,000. LIONAIRES.— (a) IN GENERAL.—Section 165(d) of the In- ‘‘(B) JOINT RETURNS.—In the case of a joint ternal Revenue Code of 1986 is amended by ‘‘(1) IN GENERAL.—Except as provided in return, subparagraph (A) shall be applied by adding at the end the following: ‘‘In the case paragraph (2), no credit shall be allowed substituting a dollar amount which is twice of a taxpayer with an adjusted gross income under this section for any taxable year with the dollar amount otherwise applicable equal to or greater than $1,000,000 for the respect to any taxpayer with an adjusted under such subparagraph for the calendar taxable year, the preceding sentence shall gross income equal to or greater than year. $1,000,000 for such taxable year. not apply for any taxable year beginning be- ‘‘(C) INFLATION ADJUSTMENT.—In the case fore the date on which the aggregate savings ‘‘(2) TERMINATION.—Paragraph (1) shall not of any calendar year beginning after 2013, from the elimination of the deductions and apply to any taxable year beginning after each dollar amount in this paragraph shall credits for millionaires attributable to the the date on which the aggregate savings be increased as described in subsection (i)(5). from the elimination of the deductions and enactment of sections 4 through 11 of the ‘‘(3) DEFINITIONS.—In this subsection: credits for millionaires attributable to the Small Business Jobs and Tax Relief Act ‘‘(A) MODIFIED ADJUSTED GROSS INCOME.— matches dollar for dollar the decrease in rev- enactment of sections 4 through 11 of the The term ‘modified adjusted gross income’ enue attributable to the enactment of sec- Small Business Jobs and Tax Relief Act has the meaning given such term in subpara- tions 2 and 3 of such Act.’’. matches dollar for dollar the decrease in rev- graph (A) of subsection (i)(4), determined for (b) EFFECTIVE DATE.—The amendment enue attributable to the enactment of sec- the taxable year applicable under subpara- made by this section shall apply to taxable tions 2 and 3 of such Act.’’. graphs (B) and (C) of such section. (b) EFFECTIVE DATE.—The amendment years beginning after December 31, 2011. ‘‘(B) UNSUBSIDIZED PART B PREMIUM made by this section shall apply to taxable AMOUNT.—The term ‘unsubsidized part B pre- SEC. l. NO DISCHARGE OF INDEBTEDNESS DE- years beginning after December 31, 2011. DUCTION FOR MILLIONAIRES AND mium amount’ means 200 percent of the BILLIONAIRES. SEC. l. NO RESIDENTIAL ENERGY EFFICIENT monthly actuarial rate for enrollees age 65 PROPERTY CREDIT FOR MILLION- (a) IN GENERAL.—Section 108 of the Inter- AIRES AND BILLIONAIRES. and over (as determined under subsection (a)(1) for the year).’’. nal Revenue Code of 1986 is amended by add- (a) IN GENERAL.—Section 25D(e) of the In- (b) CONFORMING AMENDMENTS.—(1) Section ing at the end the following new subsection: ternal Revenue Code of 1986 is amended by 1839(b) of the Social Security Act (42 U.S.C. ‘‘(j) NO DEDUCTION FOR MILLIONAIRES AND adding at the end the following new para- 1395r(b)) is amended by inserting ‘‘, subject BILLIONAIRES.— graph: to subsection (j),’’ before ‘‘(without regard’’ ‘‘(1) IN GENERAL.—Except as provided in ‘‘(9) NO CREDIT FOR MILLIONAIRES AND BIL- in the first sentence. paragraph (2), no exclusion shall be allowed LIONAIRES.— (2) The table in section 1839(i)(3)(C) of the by reason of this section for any taxable year ‘‘(A) IN GENERAL.—Except as provided in Social Security Act (42 U.S.C. 1395r(i)(3)(C)) with respect to any taxpayer with an ad- subparagraph (B), no credit shall be allowed is amended— justed gross income equal to or greater than under this section for any taxable year with (A) in the second line— $1,000,000 for such taxable year. respect to any taxpayer with an adjusted (i) by striking ‘‘but not more than $150,000’’ ‘‘(2) TERMINATION.—Paragraph (1) shall not gross income equal to or greater than and inserting ‘‘but not more than the appli- apply to any taxable year beginning after $1,000,000 for such taxable year. cable amount described in subsection (j)(2)’’; the date on which the aggregate savings ‘‘(B) TERMINATION.—Subparagraph (A) shall and from the elimination of the deductions and not apply to any taxable year beginning (ii) by adding a period at the end; and credits for millionaires attributable to the after the date on which the aggregate sav- (B) by striking the third and fourth lines. enactment of sections 4 through 11 of the ings from the elimination of the deductions (3) Section 1844 of the Social Security Act Small Business Jobs and Tax Relief Act and credits for millionaires attributable to (42 U.S.C. 1395w) is amended, in each of sub- matches dollar for dollar the decrease in rev- the enactment of sections 4 through 11 of the sections (a)(1)(C) and (c), by striking ‘‘sec- enue attributable to the enactment of sec- Small Business Jobs and Tax Relief Act tion 1839(i)’’ and inserting ‘‘subsections (i) tions 2 and 3 of such Act.’’. matches dollar for dollar the decrease in rev- and (j) of section 1839’’. (b) EFFECTIVE DATE.—The amendment enue attributable to the enactment of sec- (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable tions 2 and 3 of such Act.’’. made by this section shall apply to months years beginning after December 31, 2011. (b) EFFECTIVE DATE.—The amendment after December 2012. made by this section shall apply to taxable SEC. ll. REQUIRING HIGHER INCOME INDIVID- SEC. l. NO ELECTRIC PLUG-IN VEHICLE TAX years beginning after December 31, 2011. UALS TO PAY MORE FOR THEIR CREDIT FOR MILLIONAIRES AND SHARE OF MEDICARE PART D. BILLIONAIRES. SA 2535. Mr. COBURN submitted an (a) IN GENERAL.—Section 1860D–13(a) of the (a) IN GENERAL.—Section 30D(f) of the In- amendment intended to be proposed by Social Security Act (42 U.S.C. 1395w–113(a)) is ternal Revenue Code of 1986 is amended by him to the bill S. 2237, to provide a amended by adding at the end the following adding at the end the following new para- new paragraph: temporary income tax credit for in- graph: ‘‘(8) PAYMENT OF UNSUBSIDIZED PART D PRE- ‘‘(8) NO CREDIT FOR MILLIONAIRES AND BIL- creased payroll and extend bonus de- MIUM AMOUNT BY HIGHER INCOME INDIVID- LIONAIRES.— preciation for an additional year, and UALS.— ‘‘(A) IN GENERAL.—Except as provided in for other purposes; which was ordered ‘‘(A) IN GENERAL.—In the case of an indi- subparagraph (B), no credit described in sub- to lie on the table; as follows: vidual whose modified adjusted gross income section (c)(2) shall be allowed under this sec- At the appropriate place, insert the fol- exceeds the applicable amount described in tion for any taxable year with respect to any lowing: section 1839(j)(2) (including application of taxpayer with an adjusted gross income SEC. ll. REQUIRING HIGHER INCOME INDIVID- subparagraph (C) of such section) for the cal- equal to or greater than $1,000,000 for such UALS TO PAY MORE FOR THEIR endar year, the monthly amount of the bene- taxable year. SHARE OF MEDICARE PART B. ficiary premium applicable under this sec- ‘‘(B) TERMINATION.—Subparagraph (A) shall (a) IN GENERAL.—Section 1839 of the Social tion for a month after December 2012 shall be not apply to any taxable year beginning Security Act (42 U.S.C. 1395r) is amended by equal to the unsubsidized part D premium after the date on which the aggregate sav- adding at the end the following new sub- amount. ings from the elimination of the deductions section: ‘‘(B) DEFINITIONS.—In this paragraph: and credits for millionaires attributable to ‘‘(j) PAYMENT OF UNSUBSIDIZED PART B ‘‘(i) MODIFIED ADJUSTED GROSS INCOME.— the enactment of sections 4 through 11 of the PREMIUM AMOUNT BY HIGHER INCOME INDIVID- The term ‘modified adjusted gross income’ Small Business Jobs and Tax Relief Act UALS.— has the meaning given such term in subpara- matches dollar for dollar the decrease in rev- ‘‘(1) IN GENERAL.—In the case of an indi- graph (A) of subsection (i)(4), determined for enue attributable to the enactment of sec- vidual whose modified adjusted gross income the taxable year applicable under subpara- tions 2 and 3 of such Act.’’. exceeds the applicable amount described in graphs (B) and (C) of such section. (b) EFFECTIVE DATE.—The amendment paragraph (2), the monthly premium deter- ‘‘(ii) UNSUBSIDIZED PART D PREMIUM made by this section shall apply to taxable mined under subsection (a) for a month after AMOUNT.—The term ‘unsubsidized part D pre- years beginning after December 31, 2011. December 2012 shall be equal to the unsub- mium amount’ means the national average

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11245 monthly bid amount (computed under para- purposes; which was ordered to lie on the first termination taxable year and to all graph (4)) for the month.’’. the table; as follows: taxable years after such first termination (b) CONFORMING AMENDMENTS.—Section taxable year’’, and At the appropriate place, insert the fol- 1860D–13(a)(1) of the Social Security Act (42 (3) by adding at the end the following new lowing: U.S.C. 1395w–113(a)(1)) is amended— subsection: SEC. ll. REPEAL OF HEALTH INSURANCE TAX. (1) in subparagraph (A), by striking ‘‘The ‘‘(b) TERMINATION TAXABLE YEAR.—For monthly’’ and inserting ‘‘Except as provided Section 9010 of the Patient Protection and purposes of this section— in paragraph (8), the monthly’’; and Affordable Care Act (Public Law 111–148), as ‘‘(1) IN GENERAL.—The term ‘termination (2) in subparagraph (G), by inserting ‘‘and amended by section 10905 of such Act and by taxable year’ means, with respect to any tax- paragraph (8)’’ after ‘‘and (F)’’. section 1406 of the Health Care and Edu- payer, the later of— (c) EFFECTIVE DATE.—The amendments cation Reconciliation Act of 2010 (Public ‘‘(A) the first taxable year beginning after made by this section shall apply to months Law 111–152), is repealed. December 31, 2012, or after December 2012. ‘‘(B) the first taxable year ending after the SA 2538. Mr. KYL (for himself and date on which both the integrated capital SA 2536. Mr. COBURN submitted an Mr. THUNE) submitted an amendment gains rate and the integrated dividend rate amendment intended to be proposed by intended to be proposed by him to the do not exceed the average integrated OECD him to the bill S. 2237, to provide a bill S. 2237, to provide a temporary in- rate. temporary income tax credit for in- come tax credit for increased payroll ‘‘(2) INTEGRATED CAPITAL GAINS RATE.—The creased payroll and extend bonus de- and extend bonus depreciation for an term ‘integrated capital gains rate’ means the sum of— preciation for an additional year, and additional year, and for other purposes; which was ordered to lie on the table; ‘‘(A) the highest rate of tax imposed on for other purposes; which was ordered corporations under section 11 of the Internal to lie on the table; as follows: as follows: Revenue Code of 1986, At the appropriate place, add the fol- At the end, add the following: ‘‘(B) the average of the highest rate of tax lowing: SEC. ll. 1-YEAR EXTENSION OF 2012 ESTATE imposed on corporations under the laws of SEC. ll. PROHIBITION ON FEDERAL FINANCIAL AND GIFT TAX RULES. the States, ASSISTANCE BY PERSONS HAVING (a) IN GENERAL.—Paragraph (2) of section ‘‘(C) the highest rate of tax imposed on SERIOUSLY DELINQUENT TAX 901(a) of the Economic Growth and Tax Re- capital gains under section 1 of such Code, DEBTS. lief Reconciliation Act of 2001 is amended by and (a) DEFINITION OF SERIOUSLY DELINQUENT striking ‘‘December 31, 2012’’ and inserting ‘‘(D) the rate of tax imposed under section TAX DEBT.—In this section: ‘‘December 31, 2013’’. 1411 of such Code. (1) IN GENERAL.—The term ‘‘seriously delin- (b) CONFORMING AMENDMENT.—Section 304 ‘‘(3) INTEGRATED DIVIDENDS RATE.—The quent tax debt’’ means an outstanding debt of the Tax Relief, Unemployment Insurance term ‘integrated dividends rate’ means the under the Internal Revenue Code of 1986 for Reauthorization, and Job Creation Act of sum of— which a notice of lien has been filed in public 2010 is amended by inserting ‘‘in the same ‘‘(A) the highest rate of tax imposed on records pursuant to section 6323 of that Code. manner and to the same extent such section corporations under section 11 of the Internal (2) EXCLUSIONS.—The term ‘‘seriously de- applies to the amendments made by title V Revenue Code of 1986, linquent tax debt’’ does not include— of such Act’’ after ‘‘title’’. ‘‘(B) the average of the highest rate of tax (A) a debt that is being paid in a timely imposed on corporations under the laws of manner pursuant to an agreement under sec- SA 2539. Mr. KYL (for himself and the States, tion 6159 or 7122 of Internal Revenue Code of Mr. THUNE) submitted an amendment ‘‘(C) the highest rate of tax imposed on 1986; and intended to be proposed by him to the dividends under section 1 of such Code, and (B) a debt with respect to which a collec- bill S. 2237, to provide a temporary in- ‘‘(D) the rate of tax imposed under section tion due process hearing under section 6330 come tax credit for increased payroll 1411 of such Code. of that Code, or relief under subsection (a), and extend bonus depreciation for an ‘‘(4) AVERAGE INTEGRATED OECD RATE.—The (b), or (f) of section 6015 of that Code, is re- term ‘average integrated OECD rate’ means quested or pending. additional year, and for other purposes; the average of the highest rates of tax im- (b) PROHIBITION.— which was ordered to lie on the table; posed on corporations (including taxes im- (1) GRANTS, CONTRACTS, LOANS, AND OTHER as follows: posed by regional, local, or sub-central au- SUBSIDIES.—An individual or entity who has At the end, add the following: thorities) by countries with membership in a seriously delinquent tax debt shall be ineli- SEC. ll. PERMANENT EXTENSION OF 2012 ES- the Organisation of Economic Co-operation gible to receive financial assistance (includ- TATE AND GIFT TAX RULES. and Development.’’. ing any payment, loan, grant, contract, or Section 901 of the Economic Growth and (b) ADDITIONAL TAX ON UNEARNED IN- subsidy) from the Federal government dur- Tax Relief Reconciliation Act of 2001 shall COME.—Section 1411(e) of the Internal Rev- ing the pendency of such seriously delin- not apply to— enue Code of 1986 is amended by striking quent tax debt. (a) title V of such Act (relating to estate, ‘‘or’’ at the end of paragraph (1), by striking (2) TAX CREDITS.—Part IV of subchapter A gift, and generation-skipping transfer tax the period at the end of paragraph (2) and in- of chapter 1 of the Internal Revenue Code of provisions), or serting ‘‘, or’’, and by adding at the end the 1986 is amended by adding at the end the fol- (b) title III of the Tax Relief, Unemploy- following new paragraph: lowing new subpart: ment Insurance Reauthorization, and Job ‘‘(3) to any other taxpayer for any taxable ‘‘Subpart K—Certain Taxpayers Ineligible for Creation Act of 2010. year ending before the date on which both Credits the integrated capital gains rate and the in- ‘‘Sec. 59AA. Certain taxpayers ineligible for SA 2540. Mr. KYL submitted an tegrated dividend tax rate do not exceed the credits. amendment intended to be proposed by average integrated OECD rate (as such terms ‘‘SEC. 59AA. CERTAIN TAXPAYERS INELIGIBLE him to the bill S. 2237, to provide a are defined under section 303(b) of the Jobs FOR CREDITS. temporary income tax credit for in- and Growth Tax Relief Reconciliation Act of ‘‘Notwithstanding any other provision of creased payroll and extend bonus de- 2003).’’. this part, no credit shall be allowed to a tax- preciation for an additional year, and SA 2541. Mr. PAUL submitted an payer under this part for any taxable year if for other purposes; which was ordered such taxpayer has seriously delinquent tax amendment intended to be proposed by debt on the last day of such taxable year.’’. to lie on the table; as follows: him to the bill S. 2237, to provide a (c) REGULATIONS.—The Secretary of Treas- At the end, add the following: temporary income tax credit for in- ury shall issue such regulations as the Sec- SEC. ll. MODIFICATIONS TO IMPLEMENTATION creased payroll and extend bonus de- retary considers necessary to carry out this OF INCREASES IN TAX RATES ON IN- preciation for an additional year, and section. VESTMENT INCOME. (a) RATES ON CAPITAL GAINS AND DIVI- for other purposes; which was ordered SA 2537. Mr. COBURN (for himself DENDS.—Section 303 of the Jobs and Growth to lie on the table; as follows: and Mr. BURR) submitted an amend- Tax Relief Reconciliation Act of 2003 is At the end, add the following: ment intended to be proposed by him amended— SEC. lll. PERMANENT REPATRIATION OF FOR- (1) by striking ‘‘All’’ and inserting the fol- EIGN EARNINGS TO THE UNITED to the bill S. 2237, to provide a tem- lowing: STATES. porary income tax credit for increased ‘‘(a) IN GENERAL.—All’’, (a) REPATRIATION SUBJECT TO 5 PERCENT payroll and extend bonus depreciation (2) by striking ‘‘to taxable years beginning TAX RATE.—Subsection (a)(1) of section 965 of for an additional year, and for other after December 31, 2012’’ and inserting ‘‘to the Internal Revenue Code of 1986 is amended

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by striking ‘‘85 percent’’ and inserting ‘‘85.7 ‘‘(B) CRITERIA.—In creating the list under (B) Eighteen former and current members percent’’. subparagraph (A), the Secretary, in addition of the boards of directors of Federal reserve (b) PERMANENT EXTENSION TO ELECT REPA- to any other criteria established by the Sec- banks were affiliated with banks and compa- TRIATION.—Subsection (f) of section 965 of the retary, shall rank priorities in descending nies that received emergency loans from the Internal Revenue Code of 1986 is amended to order, beginning with— Federal Reserve System during the financial read as follows: ‘‘(i) whether the project is part of the crisis. ‘‘(f) ELECTION.—The taxpayer may elect to interstate highway system; (C) Many of the members of the boards of apply this section to any taxable year only if ‘‘(ii) whether the project is a road or bridge directors of Federal reserve banks own stock made on or before the due date (including ex- that is closed for safety reasons; or work directly for banks that are super- tensions) for filing the return of tax for such ‘‘(iii) the impact of the project on inter- vised and regulated by the Federal Reserve taxable year.’’. state commerce; System. These board members oversee the (c) REPATRIATION INCLUDES CURRENT AND ‘‘(iv) the volume of traffic affected by the operations of the Federal reserve banks, in- ACCUMULATED FOREIGN EARNINGS.— project; and cluding salary and personnel decisions. (1) IN GENERAL.—Paragraph (1) of section ‘‘(v) the overall value of the project or en- (D) Under current regulations, members of 965(b) of the Internal Revenue Code of 1986 is tity. a board of directors of a Federal reserve amended to read as follows: ‘‘(C) REPORT.—Not later than 120 days after bank who are employed by the banking in- ‘‘(1) IN GENERAL.—The amount of dividends October 1, 2012, the Secretary shall submit to dustry or own stock in financial institutions taken into account under subsection (a) shall Congress a report that includes— can participate in decisions involving how not exceed the sum of the current and accu- ‘‘(i) a prioritized list of emergency trans- much interest to charge to financial institu- mulated earnings and profits described in portation projects to be funded through the tions receiving loans from the Federal Re- section 959(c)(3) for the year a deduction is Fund; and serve System, and the approval or dis- claimed under subsection (a), without dimi- ‘‘(ii) a description of the criteria used to approval of Federal Reserve credit to nution by reason of any distributions made establish the list under this subsection. healthy banks and banks in ‘‘hazardous’’ during the election year, for all controlled ‘‘(D) QUARTERLY UPDATES.—Not less fre- condition. foreign corporations of the United States quently than 4 times per year, the Secretary (E) Twenty-one members of the boards of shareholder.’’. shall— directors of Federal reserve banks were in- (2) CONFORMING AMENDMENTS.— ‘‘(i) update the report submitted under sub- volved in making personnel decisions in the (A) Section 965(b) of such Code is amended paragraph (C); division of supervision and regulation under by striking paragraphs (2) and (4) and by re- ‘‘(ii) send a copy of the updated report to the Federal Reserve System. designating paragraph (3) as paragraph (2). Congress; and (F) The Federal Reserve System does not (B) Section 965(c) of such Code is amended ‘‘(iii) make a copy of the updated report publicly disclose when it grants a waiver to by striking paragraphs (1) and (2) and by re- available to the public on the website of the its conflict of interest regulations. designating paragraphs (3), (4), and (5) as Department of Transportation. (2) Allowing currently employed banking paragraphs (1), (2), and (3), respectively. ‘‘(E) USE OF AMOUNTS.—At the end of each industry executives to serve as directors on (C) Paragraph (3) of section 965(c) of such fiscal year, the Secretary shall make avail- the boards of directors of Federal reserve Code, as redesignated by subparagraph (B), is able all unobligated amounts remaining in banks is a clear conflict of interest that amended to read as follows: the Fund in excess of $500,000,000 to carry out must be eliminated. ‘‘(3) CONTROLLED GROUPS.—All United the national highway performance program (3) No one who works for or invests in a States shareholders which are members of an under section 119. firm receiving direct financial assistance affiliated group filing a consolidated return ‘‘(4) ANNUAL REPORTS ON FUND.— from the Federal Reserve System should be under section 1501 shall be treated as one ‘‘(A) IN GENERAL.—Not later than 60 days allowed to sit on any board of directors of a United States shareholder.’’. after the end of each fiscal year beginning Federal reserve bank or be employed by the (d) CLERICAL AMENDMENTS.— with fiscal year 2013, the Secretary shall sub- Federal Reserve System. (1) The heading for section 965 of the Inter- mit to Congress a report on the operation of SEC. 703. END CONFLICTS OF INTEREST. nal Revenue Code of 1986 is amended by the Fund during the fiscal year. (a) CLASS A MEMBERS.—The tenth undesig- striking ‘‘TEMPORARY’’. ‘‘(B) CONTENTS.—Each report shall include, nated paragraph of section 4 of the Federal (2) The table of sections for subpart F of for the fiscal year covered by the report, the Reserve Act (12 U.S.C. 302) (relating to Class part III of subchapter N of chapter 1 of such following: A) is amended by striking ‘‘chosen by and be Code is amended by striking ‘‘Temporary ‘‘(i) A statement of the amounts deposited representative of the stockholding banks’’ dividends’’ and inserting ‘‘Dividends’’. into the Fund. and inserting ‘‘designated by the Board of (e) EFFECTIVE DATE.—The amendments ‘‘(ii) A description of the expenditures Governors of the Federal Reserve System, made by this section shall apply to taxable made from the Fund for the fiscal year, in- from among persons who are not employed in years ending after the date of the enactment cluding the purpose of the expenditures. any capacity by a stockholding bank’’. of this Act. ‘‘(iii) Recommendations for additional au- (b) CLASS B.—The eleventh undesignated (f) EMERGENCY RELIEF.—Section 125 of title thorities to fulfill the purpose of the Fund. paragraph of section 4 of the Federal Reserve 23, United States Code, as in effect on Octo- ‘‘(iv) A statement of the balance remaining Act (12 U.S.C. 302) (relating to Class B) is ber 1, 2012, is amended by adding at the end in the Fund at the end of the fiscal year.’’. amended by striking ‘‘be elected’’ and insert- the following: ing ‘‘be designated by the Board of Gov- Mr. SANDERS submitted an ernors of the Federal Reserve System’’. ‘‘(h) EMERGENCY TRANSPORTATION SAFETY SA 2542. (c) LIMITATIONS ON BOARDS OF DIRECTORS.— FUND.— amendment intended to be proposed to The fourteenth and fifteenth undesignated ‘‘(1) IN GENERAL.—There is established in amendment SA 2521 proposed by Mr. paragraphs of section 4 of the Federal Re- the Treasury of the United States a fund to REID (for Ms. LANDRIEU) to the bill S. serve Act (12 U.S.C. 303) (relating to Class B be known as the ‘Emergency Transportation 2237, to provide a temporary income and Class C, respectively) are amended to Safety Fund’ (referred to in this section as tax credit for increased payroll and ex- read as follows: the ‘Fund’), to be administered by the Sec- tend bonus depreciation for an addi- ‘‘No employee of a bank holding company retary and to remain available without fiscal tional year, and for other purposes; or other entity regulated by the Board of year limitation, for use in accordance with which was ordered to lie on the table; Governors of the Federal Reserve System paragraph (3). as follows: may serve on the board of directors of any ‘‘(2) TRANSFERS TO FUND.—The Fund shall Federal reserve bank. At the end, add the following: consist of amounts equal to 50 percent of the ‘‘No employee of the Federal Reserve Sys- total revenues received in the Treasury re- TITLE VII—FEDERAL RESERVE tem or board member of a Federal reserve sulting from the amendments made to sec- INDEPENDENCE bank may own any stock or invest in any tion 965 of the Internal Revenue Code of 1986 SEC. 701. SHORT TITLE. company that is regulated by the Board of by the Small Business Jobs and Tax Relief This title may be cited as the ‘‘Federal Re- Governors of the Federal Reserve System, Act. serve Independence Act’’. without exception.’’. ‘‘(3) USE OF FUND.— SEC. 702. FINDINGS. SEC. 704. REPORTS TO CONGRESS. ‘‘(A) IN GENERAL.—Subject to subparagraph Congress finds the following: The Comptroller General of the United (E), the Secretary, in consultation with a (1) In October 2011, the Government Ac- States shall report annually to Congress be- representative sample of State and local gov- countability Office found the following: ginning 1 year after the date of enactment of ernment transportation officials, shall cre- (A) Allowing members of the banking in- this Act to make sure that the provisions in ate a prioritized list of emergency transpor- dustry to both elect and serve on the boards this title are followed. tation projects, which the Secretary shall of directors of Federal reserve banks poses use to provide funding to States to carry out reputational risks to the Federal Reserve SA 2543. Mr. SANDERS submitted an those projects using amounts from the Fund. System. amendment intended to be proposed to

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The fourteenth and fifteenth undesignated receipt of a digital good. 2237, to provide a temporary income paragraphs of section 4 of the Federal Re- (2) MOBILE SERVICE PROPERTY.—The term tax credit for increased payroll and ex- serve Act (12 U.S.C. 303) (relating to Class B ‘‘mobile service property’’ means all prop- and Class C, respectively) are amended to erty used by a mobile service provider in tend bonus depreciation for an addi- read as follows: connection with its business of providing tional year, and for other purposes; ‘‘No employee of a bank holding company mobile services, whether real, personal, tan- which was ordered to lie on the table; or other entity regulated by the Board of gible, or intangible (including goodwill, li- as follows: Governors of the Federal Reserve System censes, customer lists, and other similar in- At the end, add the following: may serve on the board of directors of any tangible property associated with such busi- Federal reserve bank. ness). TITLE ll—FEDERAL RESERVE ‘‘No employee of the Federal Reserve Sys- (3) MOBILE SERVICE PROVIDER.—The term INDEPENDENCE tem or board member of a Federal reserve ‘‘mobile service provider’’ means any entity SEC. l01. SHORT TITLE. bank may own any stock or invest in any that sells or provides mobile services, but This title may be cited as the ‘‘Federal Re- company that is regulated by the Board of only to the extent that such entity sells or serve Independence Act’’. Governors of the Federal Reserve System, provides mobile services. SEC. l02. FINDINGS. without exception.’’. (4) NEW DISCRIMINATORY TAX.—The term Congress finds the following: SEC. l04. REPORTS TO CONGRESS. ‘‘new discriminatory tax’’ means a tax im- (1) In October 2011, the Government Ac- The Comptroller General of the United posed by a State or local jurisdiction that is countability Office found the following: States shall report annually to Congress be- imposed on or with respect to, or is meas- (A) Allowing members of the banking in- ginning 1 year after the date of enactment of ured by, the charges, receipts, or revenues dustry to both elect and serve on the boards this Act to make sure that the provisions in from or value of— of directors of Federal reserve banks poses this title are followed. (A) a mobile service and is not generally reputational risks to the Federal Reserve imposed, or is generally imposed at a lower System. SA 2544. Mr. WYDEN submitted an rate, on or with respect to, or measured by, (B) Eighteen former and current members amendment intended to be proposed by the charges, receipts, or revenues from other of the boards of directors of Federal reserve him to the bill S. 2237, to provide a services or transactions involving tangible banks were affiliated with banks and compa- personal property; nies that received emergency loans from the temporary income tax credit for in- (B) a mobile service provider and is not Federal Reserve System during the financial creased payroll and extend bonus de- generally imposed, or is generally imposed crisis. preciation for an additional year, and at a lower rate, on other persons that are en- (C) Many of the members of the boards of for other purposes; which was ordered gaged in businesses other than the provision directors of Federal reserve banks own stock to lie on the table; as follows: of mobile services; or or work directly for banks that are super- At the end of division B, add the following: (C) a mobile service property and is not vised and regulated by the Federal Reserve generally imposed, or is generally imposed TITLE VII—WIRELESS TAX FAIRNESS System. These board members oversee the at a lower rate, on or with respect to, or operations of the Federal reserve banks, in- SECTION 701. SHORT TITLE. measured by the value of, other property cluding salary and personnel decisions. This title may be cited as the ‘‘Wireless that is devoted to a commercial or industrial (D) Under current regulations, members of Tax Fairness Act of 2012’’. use and subject to a property tax levy, ex- a board of directors of a Federal reserve SEC. 702. FINDINGS. cept public utility property owned by a pub- bank who are employed by the banking in- Congress finds the following: lic utility subject to rate of return regula- dustry or own stock in financial institutions (1) It is appropriate to exercise congres- tion by a State or Federal regulatory au- can participate in decisions involving how sional enforcement authority under section 5 thority; much interest to charge to financial institu- of the 14th amendment to the Constitution unless such tax was imposed and actually en- tions receiving loans from the Federal Re- of the United States and Congress’ plenary forced on mobile services, mobile service serve System, and the approval or dis- power under article I, section 8, clause 3 of providers, or mobile service property prior to approval of Federal Reserve credit to the Constitution of the United States (com- the date of enactment of this Act. healthy banks and banks in ‘‘hazardous’’ monly known as the ‘‘commerce clause’’) in (5) STATE OR LOCAL JURISDICTION.—The condition. order to ensure that States and political sub- term ‘‘State or local jurisdiction’’ means any (E) Twenty-one members of the boards of divisions thereof do not discriminate against of the several States, the District of Colum- directors of Federal reserve banks were in- providers and consumers of mobile services bia, any territory or possession of the United volved in making personnel decisions in the by imposing new selective and excessive States, a political subdivision of any State, division of supervision and regulation under taxes and other burdens on such providers territory, or possession, or any govern- the Federal Reserve System. and consumers. mental entity or person acting on behalf of (F) The Federal Reserve System does not (2) In light of the history and pattern of such State, territory, possession, or subdivi- publicly disclose when it grants a waiver to discriminatory taxation faced by providers sion that has the authority to assess, im- its conflict of interest regulations. and consumers of mobile services, the prohi- pose, levy, or collect taxes or fees. (2) Allowing currently employed banking bitions against and remedies to correct dis- (6) TAX.— industry executives to serve as directors on criminatory State and local taxation in sec- (A) IN GENERAL.—The term ‘‘tax’’ means a the boards of directors of Federal reserve tion 306 of the Railroad Revitalization and charge imposed by a governmental entity for banks is a clear conflict of interest that Regulatory Reform Act of 1976 (49 U.S.C. the purpose of generating revenues for gov- must be eliminated. 11501) provide an appropriate analogy for ernmental purposes, and excludes a fee im- (3) No one who works for or invests in a congressional action, and similar Federal posed on a particular entity or class of enti- firm receiving direct financial assistance legislative measures are warranted that will ties for a specific privilege, service, or ben- from the Federal Reserve System should be prohibit imposing new discriminatory taxes efit conferred exclusively on such entity or allowed to sit on any board of directors of a on providers and consumers of mobile serv- class of entities. Federal reserve bank or be employed by the ices and that will assure an effective, uni- (B) EXCLUSION.—The term ‘‘tax’’ does not Federal Reserve System. form remedy. include any fee or charge— SEC. l03. END CONFLICTS OF INTEREST. SEC. 703. MORATORIUM. (i) used to preserve and advance Federal (a) CLASS A MEMBERS.—The tenth undesig- (a) IN GENERAL.—No State or local jurisdic- universal service or similar State programs nated paragraph of section 4 of the Federal tion shall impose a new discriminatory tax authorized by section 254 of the Communica- Reserve Act (12 U.S.C. 302) (relating to Class on or with respect to mobile services, mobile tions Act of 1934 (47 U.S.C. 254); A) is amended by striking ‘‘chosen by and be service providers, or mobile service property, (ii) specifically dedicated by a State or representative of the stockholding banks’’ during the 5-year period beginning on the local jurisdiction for the support of E–911 and inserting ‘‘designated by the Board of date of enactment of this Act. communications systems; or Governors of the Federal Reserve System, (b) DEFINITIONS.—In this title: (iii) used to preserve and advance Federal from among persons who are not employed in (1) MOBILE SERVICE.—The term ‘‘mobile telecommunications relay services or State any capacity by a stockholding bank’’. service’’ means commercial mobile radio programs implementing this Federal man- (b) CLASS B.—The eleventh undesignated service, as such term is defined in section date pursuant to title IV of the Americans paragraph of section 4 of the Federal Reserve 20.3 of title 47, Code of Federal Regulations, with Disabilities Act of 1990 (Public Law 101– Act (12 U.S.C. 302) (relating to Class B) is as in effect on the date of enactment of this 336; 104 Stat. 327) and codified in section 225 amended by striking ‘‘be elected’’ and insert- Act, or any other service that is primarily of the Communications Act of 1934 (47 U.S.C. ing ‘‘be designated by the Board of Gov- intended for receipt on, transmission from, 225). ernors of the Federal Reserve System’’. or use with a mobile telephone or other mo- (c) RULES OF CONSTRUCTION.—

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(1) DETERMINATION.—For purposes of sub- TITLE ll—COMMUNITY INVESTMENT regulation of professional conduct or ethics section (b)(4), all taxes, tax rates, exemp- AND JOB CREATION promulgated either by the court of highest tions, deductions, credits, incentives, exclu- SEC. l01 SHORT TITLE. appellate authority or by the principal legis- sions, and other similar factors shall be This title may be cited as the ‘‘Community lative body or regulatory agency or body of taken into account in determining whether a Investment and Job Creation Act of 2012’’. any State, the District of Columbia, or any tax is a new discriminatory tax. SEC. l02. SHORT FORM REPORTS OF CONDITION territory of the United States; or (2) APPLICATION OF PRINCIPLES.—Except as FOR CERTAIN COMMUNITY BANKS. ‘‘(2) the financial institution is licensed by otherwise provided in this title, in deter- (a) IN GENERAL.—Section 7(a) of the Fed- a State and becomes subject to future regu- mining whether a tax on mobile service prop- eral Deposit Insurance Act (12 U.S.C. 1817(a)) lation of consumer confidentiality that pro- erty is a new discriminatory tax for purposes is amended by adding at the end the fol- hibits disclosure of nonpublic personal infor- of subsection (b)(4)(A)(iii), principles similar lowing: mation without knowing and expressed con- to those set forth in section 306 of the Rail- ‘‘(12) SHORT FORM REPORTS OF CONDITION sent of the consumer in the form of laws, road Revitalization and Regulatory Reform FOR COMMUNITY BANKS.— rules, or regulation of professional conduct Act of 1976 (49 U.S.C. 11501) shall apply. ‘‘(A) IN GENERAL.—With respect to reports or ethics promulgated either by the court of (3) EXCLUSIONS.—Notwithstanding any of condition required under paragraph (3) for highest appellate authority or by the prin- other provision of this title— each calendar quarter, an insured depository cipal legislative body or regulatory agency (A) the term ‘‘generally imposed’’ as used institution described in subparagraphs (A), or body of any State, the District of Colum- in subsection (b)(4) shall not apply to any (B), (C), and (D) of section 10(d)(4) may sub- bia, or any territory of the United States.’’. tax imposed only on— mit a short form of any such report of condi- SEC. l04. AGRICULTURE LOAN GUARANTEES. (i) specific services; tion in 2 nonsequential quarters of any cal- (a) FEES.—Section 310B(g)(5) of the Con- (ii) specific industries or business seg- endar year. solidated Farm and Rural Development Act ments; or ‘‘(B) ASSET ADJUSTMENTS.—For purposes of (7 U.S.C. 1932(g)(5)) is amended by inserting (iii) specific types of property; and this paragraph— before the period the following: ‘‘, except (B) the term ‘‘new discriminatory tax’’ ‘‘(i) section 10(d)(4)(A) shall be applied by that for a loan in an amount of less than shall not include a new tax or the modifica- substituting ‘$10,000,000,000’ for ‘$500,000,000’; $5,000,000, the Secretary may assess a 1-time tion of an existing tax that— and fee of 1 percent or less of the guaranteed (i) replaces one or more taxes that had ‘‘(ii) section 10(d)(4)(C) shall be applied by principal portion of the loan’’. been imposed on mobile services, mobile substituting ‘$1,000,000,000’ for ‘$100,000,000’. (b) GUARANTEE AMOUNTS.—Section 364 of service providers, or mobile service property; ‘‘(C) SHORT FORM DEFINED.—In this para- the Consolidated Farm and Rural Develop- and graph, the term ‘short form’ means a report ment Act (7 U.S.C. 2006f) is amended— (ii) is designed so that, based on informa- of condition required under paragraph (3) (1) in subsection (a)— tion available at the time of the enactment that is in a format established by the appro- (A) in paragraph (3)— of such new tax or such modification, the priate Federal banking agency, after notice (i) by striking ‘‘may’’ and inserting amount of tax revenues generated thereby and opportunity for comment, that— ‘‘shall’’; and with respect to such mobile services, mobile ‘‘(i) is significantly and materially less (ii) by striking ‘‘standards that are not less service providers, or mobile service property burdensome for the insured depository insti- stringent than’’; and is reasonably expected to not exceed the tution to prepare than the format of the re- (B) in paragraph (4), by inserting before the amount of tax revenues that would have port of condition otherwise required under period the following: ‘‘, except that the Sec- been generated by the respective replaced paragraph (3); and retary may guarantee not more than 90 per- tax or taxes with respect to such mobile ‘‘(ii) provides sufficient material informa- cent of a loan made by a certified lender if services, mobile service providers, or mobile tion for the appropriate Federal banking such loan is in an amount of less than service property. agency to assure the maintenance of the safe $5,000,000’’; and SEC. 704. ENFORCEMENT. and sound condition of the depository insti- (2) in subsection (b)— Notwithstanding any provision of section tution and safe and sound practices.’’. (A) in paragraph (1)— 1341 of title 28, United States Code, or the (b) REGULATIONS.—Any regulation required (i) in subparagraph (B), by striking ‘‘and’’ constitution or laws of any State, the dis- to carry out section 7(a)(12) of the Federal at the end; trict courts of the United States shall have Deposit Insurance Act, as added by sub- (ii) in subparagraph (C), by striking the pe- jurisdiction, without regard to amount in section (a) of this section, shall be published riod at the end and inserting ‘‘; and’’; and controversy or citizenship of the parties, to in final form not later than 6 months after (iii) by adding at the end the following: grant such mandatory or prohibitive injunc- the date of enactment of this Act. ‘‘(D) in the absence of a demand for or ex- tive relief, interim equitable relief, and de- SEC. l03. EXCEPTION TO ANNUAL PRIVACY NO- perience with guaranteed loans made under a claratory judgments as may be necessary to TICE REQUIREMENT UNDER THE rural development program, proven experi- prevent, restrain, or terminate any acts in GRAMM-LEACH-BLILEY ACT. ence in making small business loans.’’; and violation of this title. Section 503 of the Gramm-Leach-Bliley Act (B) in paragraph (5)(A), by inserting before the semicolon the following: ‘‘, except that (1) JURISDICTION.—Such jurisdiction shall (15 U.S.C. 6803) is amended by adding at the not be exclusive of the jurisdiction which end the following: the Secretary may guarantee not more than any Federal or State court may have in the ‘‘(f) EXCEPTION TO ANNUAL NOTICE REQUIRE- 90 percent of a loan made by a certified lend- absence of this section. MENT.—A financial institution shall not be er if such loan is in an amount of less than required to provide an annual disclosure $5,000,000’’. (2) BURDEN OF PROOF.—The burden of proof in any proceeding brought under this title under this section until such time as the fi- SEC. l05. QUALIFYING INVESTMENTS IN SMALL shall be upon the party seeking relief and nancial institution— BANK ISSUERS. shall be by a preponderance of the evidence ‘‘(1) fails to provide nonpublic personal in- (a) GENERALLY.—The principles of Internal on all issues of fact. formation in accordance with the provisions Revenue Service Notice 2010–2 shall apply to of subsection (b)(2) or (e) of section 502 or any qualifying investment by any person in (3) RELIEF.—In granting relief against a tax which is discriminatory or excessive regulations prescribed under section 504(b); a small bank issuer in the same manner as if under this title with respect to tax rate or ‘‘(2) shares information with affiliates de- such investment had been made by the De- amount only, the court shall prevent, re- scribed in section 603(d)(2)(A) of the Fair partment of the Treasury pursuant to any of strain, or terminate the imposition, levy, or Credit Reporting Act; or the Programs (as defined in Notice 2010–2). EFINITIONS.—For purposes of this sec- collection of not more than the discrimina- ‘‘(3) changes its policies and practices with (b) D tion— tory or excessive portion of the tax as deter- regard to disclosing nonpublic personal in- (1) the term ‘‘qualifying investment’’ mined by the court. formation from the policies and practices that were disclosed in the most recent dis- means any investment in the equity of a closure sent to consumers in accordance small bank issuer that otherwise would have SA 2545. Mr. MANCHIN (for himself with this section. constituted an ownership change under sec- and Mr. BEGICH) submitted an amend- ‘‘(g) EXCEPTION TO NOTICE REQUIREMENT.— tion 382(g) of the Internal Revenue Code of ment intended to be proposed by him A financial institution shall not be required 1986 (relating to limitations on net operating to the bill S. 2237, to provide a tem- to provide any disclosure under this section loss carry forward and certain built-in losses porary income tax credit for increased if— following an ownership change); and payroll and extend hours depreciation ‘‘(1) the financial institution is licensed by (2) the term ‘‘small bank issuer’’ means for an additional year, and for other a State and is subject to existing regulation any insured depository institution, as de- purposes; which was ordered to lie on of consumer confidentiality that prohibits fined in section 3(c)(2) of the Federal Deposit disclosure of nonpublic personal information Insurance Act (12 U.S.C. 1813(c)(2)), which— table; as follows: without knowing and expressed consent of (A) was required under a prompt corrective At the end, add the following: the consumer in the form of laws, rules, or action order issued pursuant to section 38 of

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UPDATING STATE BUILDING ENERGY in the preceding year; or ination that took place during calendar EFFICIENCY CODES. ‘‘(B) an alternative method that yields an years 2008 through 2012 by the Board of Gov- ‘‘(a) IN GENERAL.—The Secretary shall— accurate measure of compliance. ernors of the Federal Reserve System, the ‘‘(1) encourage and support the adoption of ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State Office of the Comptroller of the Currency, building energy codes by States, Indian or Indian tribe shall be considered to achieve the Office of Thrift Supervision, or the Fed- tribes, and, as appropriate, by local govern- full compliance under paragraph (1) if— eral Deposit Insurance Corporation; and ments that meet or exceed the model build- ‘‘(A) at least 90 percent of building space (B) at the time of the order referred to in ing energy codes, or achieve equivalent or covered by the code in the preceding year subparagraph (A), had total consolidated as- greater energy savings; and substantially meets all the requirements of sets of $10,000,000,000 or less. ‘‘(2) support full compliance with the State the applicable code specified in paragraph SEC. l06. CAPITAL FORMATION FOR COMMUNITY and local codes. (1), or achieves equivalent or greater energy BANKS. ‘‘(b) STATE AND INDIAN TRIBE CERTIFI- savings level; or Section 413(a) of the Dodd-Frank Wall CATION OF BUILDING ENERGY CODE UPDATES.— ‘‘(B) the estimated excess energy use of Street Reform and Consumer Protection Act ‘‘(1) REVIEW AND UPDATING OF CODES BY buildings that did not meet the applicable (15 U.S.C. 77b note) is amended— EACH STATE AND INDIAN TRIBE.— code specified in paragraph (1) in the pre- (1) by striking ‘‘(a) IN GENERAL.—The’’ and ‘‘(A) IN GENERAL.—Not later than 2 years ceding year, compared to a baseline of com- inserting the following: after the date on which a model building en- parable buildings that meet this code, is not ‘‘(a) ADJUSTMENTS.— ergy code is updated, each State or Indian more than 5 percent of the estimated energy ‘‘(1) IN GENERAL.—The’’; and tribe shall certify whether or not the State use of all buildings covered by this code dur- (2) by adding at the end the following: or Indian tribe, respectively, has reviewed ing the preceding year. ‘‘(2) EXCEPTION FOR COMMUNITY BANK PUR- and updated the energy provisions of the ‘‘(4) SIGNIFICANT PROGRESS TOWARD CHASES.—The Commission shall adjust its building code of the State or Indian tribe, re- ACHIEVEMENT OF COMPLIANCE.—A State or In- net worth standard for an accredited inves- spectively. dian tribe shall be considered to have made tor, as set forth in the rules of the Commis- ‘‘(B) DEMONSTRATION.—The certification significant progress toward achieving com- sion under the Securities Act of 1933, by al- shall include a demonstration of whether or pliance for purposes of paragraph (1) if the lowing for the inclusion of the value of the not the energy savings for the code provi- State or Indian tribe— primary residence of the natural person, but sions that are in effect throughout the State ‘‘(A) has developed and is implementing a only if the natural person is purchasing secu- or Indian tribal territory meet or exceed— plan for achieving compliance during the 8- rities from a community bank. ‘‘(i) the energy savings of the updated year-period beginning on the date of enact- ‘‘(3) DEFINITION.—As used in paragraph (2), model building energy code; or ment of this paragraph, including annual the term ‘community bank’ means a deposi- ‘‘(ii) the targets established under section targets for compliance and active training and enforcement programs; and tory institution having assets of less than 307(b)(2). ‘‘(B) has met the most recent target under $10,000,000,000.’’. ‘‘(C) NO MODEL BUILDING ENERGY CODE UP- subparagraph (A). DATE.—If a model building energy code is not ‘‘(5) VALIDATION BY SECRETARY.—Not later SA 2546. Mrs. SHAHEEN (for herself updated by a target date established under than 90 days after a State or Indian tribe and Mr. PORTMAN) submitted an section 307(b)(2)(D), each State or Indian certification under paragraph (1), the Sec- amendment intended to be proposed by tribe shall, not later than 2 years after the retary shall— her to the bill S. 2237, to provide a tem- specified date, certify whether or not the ‘‘(A) determine whether the State or In- porary income tax credit for increased State or Indian tribe, respectively, has re- dian tribe has demonstrated meeting the cri- viewed and updated the energy provisions of payroll and extend bonus depreciation teria of this subsection, including accurate for an additional year, and for other the building code of the State or Indian measurement of compliance; and purposes; which was ordered to lie on tribe, respectively, to meet or exceed the ‘‘(B) if the determination is positive, vali- the table; as follows: target in section 307(b)(2). date the certification. ‘‘(2) VALIDATION BY SECRETARY.—Not later At the end of the bill, add the following: ‘‘(d) STATES OR INDIAN TRIBES THAT DO NOT than 90 days after a State or Indian tribe DIVISION B—ENERGY SAVINGS AND ACHIEVE COMPLIANCE.— certification under paragraph (1), the Sec- ‘‘(1) REPORTING.—A State or Indian tribe INDUSTRIAL COMPETITIVENESS retary shall— that has not made a certification required SEC. 2001. SHORT TITLE. ‘‘(A) determine whether the code provi- under subsection (b) or (c) by the applicable This division may be cited as the ‘‘Energy sions of the State or Indian tribe, respec- deadline shall submit to the Secretary a re- Savings and Industrial Competitiveness Act tively, meet the criteria specified in para- port on— of 2012’’. graph (1); and ‘‘(A) the status of the State or Indian tribe TITLE I—BUILDINGS ‘‘(B) if the determination is positive, vali- with respect to meeting the requirements Subtitle A—Building Energy Codes date the certification. and submitting the certification; and SEC. 2101. GREATER ENERGY EFFICIENCY IN ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH ‘‘(B) a plan for meeting the requirements BUILDING CODES. BUILDING ENERGY CODES.— and submitting the certification. (a) DEFINITIONS.—Section 303 of the Energy ‘‘(1) REQUIREMENT.— ‘‘(2) FEDERAL SUPPORT.—For any State or Conservation and Production Act (42 U.S.C. ‘‘(A) IN GENERAL.—Not later than 3 years Indian tribe for which the Secretary has not 6832) is amended— after the date of a certification under sub- validated a certification by a deadline under (1) by striking paragraph (14) and inserting section (b), each State and Indian tribe shall subsection (b) or (c), the lack of the certifi- the following: certify whether or not the State and Indian cation may be a consideration for Federal ‘‘(14) MODEL BUILDING ENERGY CODE.—The tribe, respectively, has— support authorized under this section for term ‘model building energy code’ means a ‘‘(i) achieved full compliance under para- code adoption and compliance activities. voluntary building energy code and stand- graph (3) with the applicable certified State ‘‘(3) LOCAL GOVERNMENT.—In any State or ards developed and updated through a con- and Indian tribe building energy code or with Indian tribe for which the Secretary has not sensus process among interested persons, the associated model building energy code; validated a certification under subsection (b) such as the IECC or the code used by— or or (c), a local government may be eligible for ‘‘(A) the Council of American Building Of- ‘‘(ii) made significant progress under para- Federal support by meeting the certification ficials; graph (4) toward achieving compliance with requirements of subsections (b) and (c). ‘‘(B) the American Society of Heating, Re- the applicable certified State and Indian ‘‘(4) ANNUAL REPORTS BY SECRETARY.— frigerating, and Air-Conditioning Engineers; tribe building energy code or with the associ- ‘‘(A) IN GENERAL.—The Secretary shall an- or ated model building energy code. nually submit to Congress, and publish in ‘‘(C) other appropriate organizations.’’; and ‘‘(B) REPEAT CERTIFICATIONS.—If the State the Federal Register, a report on— (2) by adding at the end the following: or Indian tribe certifies progress toward ‘‘(i) the status of model building energy ‘‘(17) IECC.—The term ‘IECC’ means the achieving compliance, the State or Indian codes; International Energy Conservation Code. tribe shall repeat the certification until the ‘‘(ii) the status of code adoption and com- ‘‘(18) INDIAN TRIBE.—The term ‘Indian State or Indian tribe certifies that the State pliance in the States and Indian tribes; tribe’ has the meaning given the term in sec- or Indian tribe has achieved full compliance, ‘‘(iii) implementation of this section; and tion 4 of the Native American Housing As- respectively. ‘‘(iv) improvements in energy savings over sistance and Self-Determination Act of 1996 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer- time as result of the targets established (25 U.S.C. 4103).’’. tification under paragraph (1) shall include under section 307(b)(2). (b) STATE BUILDING ENERGY EFFICIENCY documentation of the rate of compliance ‘‘(B) IMPACTS.—The report shall include es- CODES.—Section 304 of the Energy Conserva- based on— timates of impacts of past action under this

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section, and potential impacts of further ac- ‘‘(h) STUDIES.—The Secretary, in consulta- ‘‘(II) is higher than the preceding target; tion, on— tion with building science experts from the and ‘‘(i) upfront financial and construction National Laboratories and institutions of ‘‘(III) promotes the achievement of com- costs, cost benefits and returns (using in- higher education, designers and builders of mercial and residential high-performance vestment analysis), and lifetime energy use energy-efficient residential and commercial buildings through high performance energy for buildings; buildings, code officials, and other stake- efficiency (within the meaning of section 401 ‘‘(ii) resulting energy costs to individuals holders, shall undertake a study of the feasi- of the Energy Independence and Security Act and businesses; and bility, impact, economics, and merit of— of 2007 (42 U.S.C. 17061)). ‘‘(iii) resulting overall annual building ‘‘(1) code improvements that would require ‘‘(ii) INITIAL TARGETS.—Not later than 1 ownership and operating costs. that buildings be designed, sited, and con- year after the date of enactment of this ‘‘(e) TECHNICAL ASSISTANCE TO STATES AND structed in a manner that makes the build- clause, the Secretary shall establish initial INDIAN TRIBES.—The Secretary shall provide ings more adaptable in the future to become targets under this subparagraph. technical assistance to States and Indian zero-net-energy after initial construction, as ‘‘(iii) DIFFERENT TARGET YEARS.—Subject tribes to implement the goals and require- advances are achieved in energy-saving tech- to clause (i), prior to the applicable year, the ments of this section, including procedures nologies; Secretary may set a later target year for any and technical analysis for States and Indian ‘‘(2) code procedures to incorporate meas- of the model building energy codes described tribes— ured lifetimes, not just first-year energy use, in subparagraph (A) if the Secretary deter- ‘‘(1) to improve and implement State resi- in trade-offs and performance calculations; mines that a target cannot be met. dential and commercial building energy and ‘‘(iv) SMALL BUSINESS.—When establishing codes; ‘‘(3) legislative options for increasing en- targets under this paragraph through rule- ‘‘(2) to demonstrate that the code provi- ergy savings from building energy codes, in- making, the Secretary shall ensure compli- sions of the States and Indian tribes achieve cluding additional incentives for effective ance with the Small Business Regulatory equivalent or greater energy savings than State and local action, and verification of Enforcement Fairness Act of 1996 (5 U.S.C. the model building energy codes and targets; compliance with and enforcement of a code 601 note; Public Law 104–121). ‘‘(3) to document the rate of compliance other than by a State or local government. ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC- with a building energy code; and ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in TORS AFFECTING BUILDING ENERGY USE.—In es- ‘‘(4) to otherwise promote the design and this section or section 307 supersedes or tablishing building code targets under para- construction of energy efficient buildings. modifies the application of sections 321 graph (2), the Secretary shall develop and ad- ‘‘(f) AVAILABILITY OF INCENTIVE FUNDING.— through 346 of the Energy Policy and Con- just the targets in recognition of potential ‘‘(1) IN GENERAL.—The Secretary shall pro- vide incentive funding to States and Indian servation Act (42 U.S.C. 6291 et seq.). savings and costs relating to— tribes— ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) efficiency gains made in appliances, ‘‘(A) to implement the requirements of this There are authorized to be appropriated to lighting, windows, insulation, and building section; carry out this section and section 307 envelope sealing; ‘‘(B) to improve and implement residential $200,000,000, to remain available until ex- ‘‘(B) advancement of distributed genera- and commercial building energy codes, in- pended.’’. tion and on-site renewable power generation cluding increasing and verifying compliance (c) FEDERAL BUILDING ENERGY EFFICIENCY technologies; with the codes and training of State, tribal, STANDARDS.—Section 305 of the Energy Con- ‘‘(C) equipment improvements for heating, and local building code officials to imple- servation and Production Act (42 U.S.C. 6834) cooling, and ventilation systems; ment and enforce the codes; and is amended by striking ‘‘voluntary building ‘‘(D) building management systems and ‘‘(C) to promote building energy efficiency energy code’’ each place it appears in sub- SmartGrid technologies to reduce energy through the use of the codes. sections (a)(2)(B) and (b) and inserting use; and ‘‘(2) ADDITIONAL FUNDING.—Additional ‘‘model building energy code’’. ‘‘(E) other technologies, practices, and funding shall be provided under this sub- (d) MODEL BUILDING ENERGY CODES.—Sec- building systems that the Secretary con- section for implementation of a plan to tion 307 of the Energy Conservation and Pro- siders appropriate regarding building plug achieve and document full compliance with duction Act (42 U.S.C. 6836) is amended to load and other energy uses. residential and commercial building energy read as follows: ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab- codes under subsection (c)— ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING EN- lishing and revising building code targets ‘‘(A) to a State or Indian tribe for which ERGY CODES. under paragraph (2), the Secretary shall con- the Secretary has validated a certification ‘‘(a) IN GENERAL.—The Secretary shall sup- sider the economic feasibility of achieving under subsection (b) or (c); and port the updating of model building energy the proposed targets established under this ‘‘(B) in a State or Indian tribe that is not codes. section and the potential costs and savings eligible under subparagraph (A), to a local ‘‘(b) TARGETS.— for consumers and building owners, including government that is eligible under this sec- ‘‘(1) IN GENERAL.—The Secretary shall sup- a return on investment analysis. tion. port the updating of the model building en- ‘‘(c) TECHNICAL ASSISTANCE TO MODEL ‘‘(3) TRAINING.—Of the amounts made ergy codes to enable the achievement of ag- BUILDING ENERGY CODE-SETTING AND STAND- available under this subsection, the State gregate energy savings targets established ARD DEVELOPMENT ORGANIZATIONS.— may use amounts required, but not to exceed under paragraph (2). ‘‘(1) IN GENERAL.—The Secretary shall, on a $750,000 for a State, to train State and local ‘‘(2) TARGETS.— timely basis, provide technical assistance to building code officials to implement and en- ‘‘(A) IN GENERAL.—The Secretary shall model building energy code-setting and force codes described in paragraph (2). work with State, Indian tribes, local govern- standard development organizations con- ‘‘(4) LOCAL GOVERNMENTS.—States may ments, nationally recognized code and stand- sistent with the goals of this section. share grants under this subsection with local ards developers, and other interested parties ‘‘(2) ASSISTANCE.—The assistance shall in- governments that implement and enforce the to support the updating of model building clude, as requested by the organizations, codes. energy codes by establishing 1 or more ag- technical assistance in— ‘‘(g) STRETCH CODES AND ADVANCED STAND- gregate energy savings targets to achieve ‘‘(A) evaluating code or standards pro- ARDS.— the purposes of this section. posals or revisions; ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(B) SEPARATE TARGETS.—The Secretary ‘‘(B) building energy analysis and design vide technical and financial support for the may establish separate targets for commer- tools; development of stretch codes and advanced cial and residential buildings. ‘‘(C) building demonstrations; standards for residential and commercial ‘‘(C) BASELINES.—The baseline for updating ‘‘(D) developing definitions of energy use buildings for use as— model building energy codes shall be the 2009 intensity and building types for use in model ‘‘(A) an option for adoption as a building IECC for residential buildings and ASHRAE building energy codes to evaluate the effi- energy code by local, tribal, or State govern- Standard 90.1–2010 for commercial buildings. ciency impacts of the model building energy ments; and ‘‘(D) SPECIFIC YEARS.— codes; ‘‘(B) guidelines for energy-efficient build- ‘‘(i) IN GENERAL.—Targets for specific years ‘‘(E) performance-based standards; ing design. shall be established and revised by the Sec- ‘‘(F) evaluating economic considerations ‘‘(2) TARGETS.—The stretch codes and ad- retary through rulemaking and coordinated under subsection (b)(4); and vanced standards shall be designed— with nationally recognized code and stand- ‘‘(G) developing model building energy ‘‘(A) to achieve substantial energy savings ards developers at a level that— codes by Indian tribes in accordance with compared to the model building energy ‘‘(I) is at the maximum level of energy effi- tribal law. codes; and ciency that is technologically feasible and ‘‘(3) AMENDMENT PROPOSALS.—The Sec- ‘‘(B) to meet targets under section 307(b), if life-cycle cost effective, while accounting for retary may submit timely model building available, at least 3 to 6 years in advance of the economic considerations under para- energy code amendment proposals to the the target years. graph (4); model building energy code-setting and

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standard development organizations, with fined in section 316(b) of that Act (20 U.S.C. ‘‘(1) IN GENERAL.—Not later than 180 days supporting evidence, sufficient to enable the 1059c(b)) to establish building training and after the date of enactment of this section, model building energy codes to meet the tar- assessment centers— the Secretary shall— gets established under subsection (b)(2). (1) to identify opportunities for optimizing ‘‘(A) establish guidelines for credit support ‘‘(4) ANALYSIS METHODOLOGY.—The Sec- energy efficiency and environmental per- provided under this section; and retary shall make publicly available the en- formance in buildings; ‘‘(B) publish the guidelines in the Federal tire calculation methodology (including (2) to promote the application of emerging Register; and input assumptions and data) used by the Sec- concepts and technologies in commercial and ‘‘(C) provide for an opportunity for public retary to estimate the energy savings of code institutional buildings; comment on the guidelines. or standard proposals and revisions. (3) to train engineers, architects, building ‘‘(2) REQUIREMENTS.—The guidelines estab- ‘‘(d) DETERMINATION.— scientists, building energy permitting and lished by the Secretary under this subsection ‘‘(1) REVISION OF MODEL BUILDING ENERGY enforcement officials, and building techni- shall include— CODES.—If the provisions of the IECC or cians in energy-efficient design and oper- ‘‘(A) standards for assessing the energy ASHRAE Standard 90.1 regarding building ation; savings that could reasonably be expected to energy use are revised, the Secretary shall (4) to assist institutions of higher edu- result from a project; make a preliminary determination not later cation and Tribal Colleges or Universities in ‘‘(B) examples of financing mechanisms than 90 days after the date of the revision, training building technicians; (and portfolios of such financing mecha- and a final determination not later than 15 (5) to promote research and development nisms) that qualify as efficiency obligations; months after the date of the revision, on for the use of alternative energy sources and ‘‘(C) the threshold levels of energy savings whether or not the revision will— distributed generation to supply heat and that a project, at the time of issuance of ‘‘(A) improve energy efficiency in buildings power for buildings, particularly energy-in- credit support, shall be reasonably expected compared to the existing model building en- tensive buildings; and to achieve to be eligible for credit support; ergy code; and (6) to coordinate with and assist State-ac- ‘‘(D) the eligibility criteria the Secretary ‘‘(B) meet the applicable targets under sub- credited technical training centers, commu- determines to be necessary for making credit section (b)(2). nity colleges, Tribal Colleges or Universities, support available under this section; and ‘‘(2) CODES OR STANDARDS NOT MEETING TAR- and local offices of the National Institute of ‘‘(E) notwithstanding subsections (d)(3) and GETS.— Food and Agriculture and ensure appropriate (g)(2)(B) of section 1702, any lien priority re- ‘‘(A) IN GENERAL.—If the Secretary makes services are provided under this section to quirements that the Secretary determines to a preliminary determination under para- each region of the United States. be necessary, in consultation with the Direc- graph (1)(B) that a code or standard does not (b) COORDINATION AND NONDUPLICATION.— tor of the Office of Management and Budget, meet the targets established under sub- (1) IN GENERAL.—The Secretary shall co- which may include— section (b)(2), the Secretary may at the same ordinate the program with the Industrial As- ‘‘(i) requirements to preserve priority lien time provide the model building energy code sessment Centers program and with other status of secured lenders and creditors in or standard developer with proposed changes Federal programs to avoid duplication of ef- buildings eligible for credit support; that would result in a model building energy fort. ‘‘(ii) remedies available to the Secretary code that meets the targets and with sup- (2) COLLOCATION.—To the maximum extent under chapter 176 of title 28, United States porting evidence, taking into consider- practicable, building, training, and assess- Code, in the event of default on the effi- ation— ment centers established under this section ciency obligation by the borrower; and ‘‘(i) whether the modified code is tech- shall be collocated with Industrial Assess- ‘‘(iii) measures to limit the exposure of the nically feasible and life-cycle cost effective; ment Centers. Secretary to financial risk in the event of ‘‘(ii) available appliances, technologies, TITLE II—BUILDING EFFICIENCY default, such as— materials, and construction practices; and FINANCE ‘‘(I) the collection of a credit subsidy fee ‘‘(iii) the economic considerations under SEC. 2201. LOAN PROGRAM FOR ENERGY EFFI- from the borrower as a loan loss reserve, subsection (b)(4). CIENCY UPGRADES TO EXISTING taking into account the limitation on credit ‘‘(B) INCORPORATION OF CHANGES.— BUILDINGS. support under subsection (d); ‘‘(i) IN GENERAL.—On receipt of the pro- Title XVII of the Energy Policy Act of 2005 ‘‘(II) minimum debt-to-income levels of the posed changes, the model building energy (42 U.S.C. 16511 et seq.) is amended by adding borrower; code or standard developer shall have an ad- at the end the following: ‘‘(III) minimum levels of value relative to ditional 270 days to accept or reject the pro- ‘‘SEC. 1706. BUILDING RETROFIT FINANCING PRO- outstanding mortgage or other debt on a posed changes of the Secretary to the model GRAM. building eligible for credit support; building energy code or standard for the Sec- ‘‘(a) DEFINITIONS.—In this section: ‘‘(IV) allowable thresholds for the percent retary to make a final determination. ‘‘(1) CREDIT SUPPORT.—The term ‘credit of the efficiency obligation relative to the ‘‘(ii) FINAL DETERMINATION.—A final deter- support’ means a guarantee or commitment amount of any mortgage or other debt on an mination under paragraph (1) shall be on the to issue a guarantee or other forms of credit eligible building; modified model building energy code or enhancement to ameliorate risks for effi- ‘‘(V) analysis of historic and anticipated standard. ciency obligations. occupancy levels and rental income of an eli- ‘‘(e) ADMINISTRATION.—In carrying out this ‘‘(2) EFFICIENCY OBLIGATION.—The term ‘ef- gible building; section, the Secretary shall— ficiency obligation’ means a debt or repay- ‘‘(VI) requirements of third-party contrac- ‘‘(1) publish notice of targets and sup- ment obligation incurred in connection with tors to guarantee energy savings that will porting analysis and determinations under financing a project, or a portfolio of such result from a retrofit project, and whether fi- this section in the Federal Register to pro- debt or payment obligations. nancing on the efficiency obligation will am- vide an explanation of and the basis for such ‘‘(3) PROJECT.—The term ‘project’ means ortize from the energy savings; actions, including any supporting modeling, the installation and implementation of effi- ‘‘(VII) requirements that the retrofit data, assumptions, protocols, and cost-ben- ciency, advanced metering, distributed gen- project incorporate protocols to measure and efit analysis, including return on invest- eration, or renewable energy technologies verify energy savings; and ment; and and measures in a building (or in multiple ‘‘(VIII) recovery of payments equally by ‘‘(2) provide an opportunity for public com- buildings on a given property) that are ex- the Secretary and the retrofit. ment on targets and supporting analysis and pected to increase the energy efficiency of ‘‘(3) EFFICIENCY OBLIGATIONS.—The financ- determinations under this section. the building (including fixtures) in accord- ing mechanisms qualified by the Secretary ‘‘(f) VOLUNTARY CODES AND STANDARDS.— ance with criteria established by the Sec- under paragraph (2)(B) may include— Nothwithstanding any other provision of retary. ‘‘(A) loans, including loans made by the this section, any model building code or ‘‘(b) ELIGIBLE PROJECTS.— Federal Financing Bank; standard established under this section shall ‘‘(1) IN GENERAL.—Notwithstanding sec- ‘‘(B) power purchase agreements, including not be binding on a State, local government, tions 1703 and 1705, the Secretary may pro- energy efficiency power purchase agree- or Indian tribe as a matter of Federal law.’’. vide credit support under this section, in ac- ments; Subtitle B—Worker Training and Capacity cordance with section 1702. ‘‘(C) energy services agreements, including Building ‘‘(2) INCLUSIONS.—Buildings eligible for energy performance contracts; SEC. 2111. BUILDING TRAINING AND ASSESS- credit support under this section include ‘‘(D) property assessed clean energy bonds MENT CENTERS. commercial, multifamily residential, indus- and other tax assessment-based financing (a) IN GENERAL.—The Secretary of Energy trial, municipal, government, institution of mechanisms; shall provide grants to institutions of higher higher education, school, and hospital facili- ‘‘(E) aggregate on-meter agreements that education (as defined in section 101 of the ties that satisfy criteria established by the finance retrofit projects; and Higher Education Act of 1965 (20 U.S.C. 1001)) Secretary. ‘‘(F) any other efficiency obligations the and Tribal Colleges or Universities (as de- ‘‘(c) GUIDELINES.— Secretary determines to be appropriate.

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‘‘(4) PRIORITIES.—In carrying out this sec- ‘‘(i) REPORT.—Not later than 1 year after ‘‘(3) AWARD.—The amount of cost-matched tion, the Secretary shall prioritize— commencement of the program, the Sec- Federal funds provided to an eligible lender ‘‘(A) the maximization of energy savings retary shall submit to the appropriate com- shall not exceed $100,000,000 for any fiscal with the available credit support funding; mittees of Congress a report that describes year. ‘‘(B) the establishment of a clear applica- in reasonable detail— ‘‘(4) RECAPTURE OF AWARDS.— tion and approval process that allows private ‘‘(1) the manner in which this section is ‘‘(A) IN GENERAL.—An eligible lender that building owners, lenders, and investors to being carried out; receives an award under paragraph (1) shall reasonably expect to receive credit support ‘‘(2) the number and type of projects sup- be required to repay to the Secretary an for projects that conform to guidelines; ported; amount of cost-match Federal funds, as de- ‘‘(C) the distribution of projects receiving ‘‘(3) the types of funding mechanisms used termined by the Secretary under subpara- credit support under this section across to provide credit support to projects; graph (B), if the eligible lender is unable or States or geographical regions of the United ‘‘(4) the energy savings expected to result unwilling to operate a program described in States; and from projects supported by this section; this subsection for a period of not less than ‘‘(D) projects designed to achieve whole- ‘‘(5) any tracking efforts the Secretary is 10 years beginning on the date on which the building retrofits. using to calculate the actual energy savings eligible lender first receives funds made ‘‘(d) LIMITATION.—Notwithstanding section produced by the projects; and available through the award. 1702(c), the Secretary shall not issue credit ‘‘(6) any plans to improve the tracking ef- ‘‘(B) DETERMINATION BY SECRETARY.—The support under this section in an amount that forts described in paragraph (5). Secretary shall determine the amount of exceeds— ‘‘(j) FUNDING.— cost-match Federal funds that an eligible ‘‘(1) 90 percent of the principal amount of ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— lender shall be required to repay to the Sec- the efficiency obligation that is the subject There is authorized to be appropriated to the retary under subparagraph (A) based on the of the credit support; or Secretary to carry out this section consideration by the Secretary of— ‘‘(2) $10,000,000 for any single project. $400,000,000 for the period of fiscal years 2012 ‘‘(i) the amount of non-Federal funds ‘‘(e) AGGREGATION OF PROJECTS.—To the through 2021, to remain available until ex- matched by the eligible lender; extent provided in the guidelines developed pended. ‘‘(ii) the amount of loan losses incurred by in accordance with subsection (c), the Sec- ‘‘(2) ADMINISTRATIVE COSTS.—Not more the revolving loan program described in retary may issue credit support on a port- than 1 percent of any amounts made avail- paragraph (1); and folio, or pool of projects, that are not re- able to the Secretary under paragraph (1) ‘‘(iii) any other appropriate factor, as de- quired to be geographically contiguous, if may be used by the Secretary for adminis- termined by the Secretary. each efficiency obligation in the pool fulfills trative costs incurred in carrying out this ‘‘(C) USE OF RECAPTURED COST-MATCH FED- the requirements described in this section. section.’’. ERAL FUNDS.—The Secretary may distribute ‘‘(f) APPLICATION.— TITLE III—INDUSTRIAL EFFICIENCY AND to eligible lenders under this subsection each ‘‘(1) IN GENERAL.—To be eligible to receive COMPETITIVENESS amount received by the Secretary under this credit support under this section, the appli- Subtitle A—Manufacturing Energy Efficiency paragraph. cant shall submit to the Secretary an appli- LIGIBLE PROJECTS SEC. 2301. STATE PARTNERSHIP INDUSTRIAL EN- ‘‘(5) E .—A program for cation at such time, in such manner, and which cost-matched Federal funds are pro- containing such information as the Sec- ERGY EFFICIENCY REVOLVING LOAN PROGRAM. vided under this subsection shall be designed retary determines to be necessary. Section 399A of the Energy Policy and Con- to accelerate the implementation of indus- ‘‘(2) CONTENTS.—An application submitted servation Act (42 U.S.C. 6371h–1) is amend- trial and commercial applications of tech- under this section shall include assurances ed— nologies or processes (including distributed by the applicant that— (1) in the section heading, by inserting generation, applications or technologies that ‘‘(A) each contractor carrying out the ‘‘AND INDUSTRY’’ before the period at the use sensors, meters, software, and informa- project meets minimum experience level cri- end; tion networks, controls, and drives or that teria, including local retrofit experience, as (2) by redesignating subsections (h) and (i) have been installed pursuant to an energy determined by the Secretary; as subsections (i) and (j), respectively; and savings performance contract, project, or ‘‘(B) the project is reasonably expected to (3) by inserting after subsection (g) the fol- strategy) that— achieve energy savings, as set forth in the lowing: ‘‘(A) improve energy efficiency, including application using any methodology that ‘‘(h) STATE PARTNERSHIP INDUSTRIAL EN- improvements in efficiency and use of water, meets the standards described in the pro- ERGY EFFICIENCY REVOLVING LOAN PRO- power factor, or load management; gram guidelines; GRAM.— ‘‘(B) enhance the industrial competitive- ‘‘(C) the project meets any technical cri- ‘‘(1) IN GENERAL.—The Secretary shall ness of the United States; and teria described in the program guidelines; carry out a program under which the Sec- ‘‘(C) achieve such other goals as the Sec- ‘‘(D) the recipient of the credit support and retary shall provide grants to eligible lend- retary determines to be appropriate. the parties to the efficiency obligation will ers to pay the Federal share of creating a re- ‘‘(6) EVALUATION.—The Secretary shall provide the Secretary with— volving loan program under which loans are evaluate applications for cost-matched Fed- ‘‘(i) any information the Secretary re- provided to commercial and industrial man- eral funds under this subsection on the basis quests to assess the energy savings that re- ufacturers to implement commercially avail- of— sult from the project, including historical able technologies or processes that signifi- ‘‘(A) the description of the program to be energy usage data, a simulation-based cantly— carried out with the cost-matched Federal benchmark, and detailed descriptions of the ‘‘(A) reduce systems energy intensity, in- funds; building work, as described in the program cluding the use of energy-intensive feed- ‘‘(B) the commitment to provide non-Fed- guidelines; and stocks; and eral funds in accordance with paragraph ‘‘(ii) permission to access information re- ‘‘(B) improve the industrial competitive- (2)(D); lating to building operations and usage for ness of the United States. ‘‘(C) program sustainability over a 10-year the period described in the program guide- ‘‘(2) ELIGIBLE LENDERS.—To be eligible to period; lines; and receive cost-matched Federal funds under ‘‘(D) the capability of the applicant; ‘‘(E) any other assurances that the Sec- this subsection, a lender shall— ‘‘(E) the quantity of energy savings or en- retary determines to be necessary. ‘‘(A) be a community and economic devel- ergy feedstock minimization; ‘‘(3) DETERMINATION.—Not later than 90 opment lender that the Secretary certifies ‘‘(F) the advancement of the goal under days after receiving an application, the Sec- meets the requirements of this subsection; this Act of 25-percent energy avoidance; retary shall make a final determination on ‘‘(B) lead a partnership that includes par- ‘‘(G) the ability to fund energy efficient the application, which may include requests ticipation by, at a minimum— projects not later than 120 days after the for additional information. ‘‘(i) a State government agency; and date of the grant award; and ‘‘(g) FEES.— ‘‘(ii) a private financial institution or ‘‘(H) such other factors as the Secretary ‘‘(1) IN GENERAL.—In addition to the fees other provider of loan capital; determines appropriate. required by section 1702(h)(1), the Secretary ‘‘(C) submit an application to the Sec- ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— may charge reasonable fees for credit sup- retary, and receive the approval of the Sec- There are authorized to be appropriated to port provided under this section. retary, for cost-matched Federal funds to carry out this subsection, $400,000,000 for the ‘‘(2) AVAILABILITY.—Fees collected under carry out a loan program described in para- period of fiscal years 2012 through 2021.’’. graph (1); and this section shall be subject to section SEC. 2302. COORDINATION OF RESEARCH AND 1702(h)(2). ‘‘(D) ensure that non-Federal funds are DEVELOPMENT OF ENERGY EFFI- ‘‘(h) UNDERWRITING.—The Secretary may provided to match, on at least a dollar-for- CIENT TECHNOLOGIES FOR INDUS- delegate the underwriting activities under dollar basis, the amount of Federal funds TRY. this section to 1 or more entities that the that are provided to carry out a revolving (a) IN GENERAL.—As part of the research Secretary determines to be qualified. loan program described in paragraph (1). and development activities of the Industrial

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11253 Technologies Program of the Department of (iv) Life of contract demand ratchets. the highest performing industrial research Energy, the Secretary shall establish, as ap- (v) Net metering. and assessment centers, as determined by propriate, collaborative research and devel- (vi) Calculation of avoided cost rates. the Secretary. opment partnerships with other programs (vii) Power purchase agreements. ‘‘(B) DUTIES.—A Center of Excellence shall within the Office of Energy Efficiency and (viii) Energy market structures. coordinate with and advise the industrial re- Renewable Energy (including the Building (ix) Capacity market structures. search and assessment centers located in the Technologies Program), the Office of Elec- (x) Other barriers as may be identified by region of the Center of Excellence. tricity Delivery and Energy Reliability, and the Secretary, in coordination with the in- ‘‘(C) FUNDING.—Subject to the availability the Office of Science that— dustrial sector. of appropriations, of the funds made avail- (1) leverage the research and development (B) Examples of— able under subsection (f), the Secretary shall expertise of those programs to promote early (i) successful State and Federal policies use to support each Center of Excellence not stage energy efficiency technology develop- that resulted in greater use of industrial en- less than $500,000 for fiscal year 2012 and each ment; ergy efficiency; fiscal year thereafter, as determined by the (2) support the use of innovative manufac- (ii) successful private initiatives that re- Secretary. turing processes and applied research for de- sulted in greater use of industrial energy ef- ‘‘(3) EXPANSION OF CENTERS.—The Sec- velopment, demonstration, and commer- ficiency; and retary shall provide funding to establish ad- cialization of new technologies and processes (iii) cost-effective policies used by foreign ditional industrial research and assessment to improve efficiency (including improve- countries to foster industrial energy effi- centers at institutions of higher education ments in efficient use of water), reduce emis- ciency. that do not have industrial research and as- sions, reduce industrial waste, and improve (C) The estimated economic benefits to the sessment centers established under para- industrial cost-competitiveness; and national economy of providing the industrial graph (1), taking into account the size of, (3) apply the knowledge and expertise of sector with Federal energy efficiency match- and potential energy efficiency savings for, the Industrial Technologies Program to help ing grants of $5,000,000,000 for 5- and 10-year the manufacturing base within the region of achieve the program goals of the other pro- periods, including benefits relating to— the proposed center. grams. (i) estimated energy and emission reduc- ‘‘(4) COORDINATION.— (b) REPORTS.—Not later than 2 years after tions; ‘‘(A) IN GENERAL.—To increase the value the date of enactment of this Act and bienni- (ii) direct and indirect jobs saved or cre- and capabilities of the industrial research ally thereafter, the Secretary shall submit ated; and assessment centers, the centers shall— to Congress a report that describes actions (iii) direct and indirect capital investment; ‘‘(i) coordinate with Manufacturing Exten- taken to carry out subsection (a) and the re- (iv) the gross domestic product; and sion Partnership Centers of the National In- sults of those actions. (v) trade balance impacts. stitute of Standards and Technology; (D) The estimated energy savings available ‘‘(ii) coordinate with the Building Tech- SEC. 2303. REDUCING BARRIERS TO THE DEPLOY- from increased use of recycled material in MENT OF INDUSTRIAL ENERGY EFFI- nologies Program of the Department of En- CIENCY. energy-intensive manufacturing processes. ergy to provide building assessment services (3) RECOMMENDATIONS AND GUIDANCE.—The (a) DEFINITIONS.—In this section: to manufacturers; Secretary, in coordination with the indus- (1) INDUSTRIAL ENERGY EFFICIENCY.—The ‘‘(iii) increase partnerships with the Na- trial sector, shall develop policy rec- term ‘‘industrial energy efficiency’’ means tional Laboratories of the Department of En- ommendations regarding the deployment of the energy efficiency derived from commer- ergy to leverage the expertise and tech- industrial energy efficiency, including pro- cial technologies and measures to improve nologies of the National Laboratories for na- posed regulatory guidance to States and rel- energy efficiency or to generate or transmit tional industrial and manufacturing needs; evant Federal agencies to address barriers to electric power and heat, including electric ‘‘(iv) increase partnerships with energy deployment. motor efficiency improvements, demand re- service providers and technology providers sponse, direct or indirect combined heat and SEC. 2304. FUTURE OF INDUSTRY PROGRAM. to leverage private sector expertise and ac- (a) IN GENERAL.—Section 452 of the Energy power, and waste heat recovery. celerate deployment of new and existing Independence and Security Act of 2007 (42 (2) INDUSTRIAL SECTOR.—The term ‘‘indus- technologies and processes for energy effi- U.S.C. 17111) is amended by striking the sec- trial sector’’ means any subsector of the ciency, power factor, and load management; tion heading and inserting the following: manufacturing sector (as defined in North ‘‘(v) identify opportunities for reducing ‘‘FUTURE OF INDUSTRY PROGRAM’’. American Industry Classification System (b) DEFINITION OF ENERGY SERVICE PRO- greenhouse gas emissions; and codes 31-33 (as in effect on the date of enact- VIDER.—Section 452(a) of the Energy Inde- ‘‘(vi) promote sustainable manufacturing ment of this Act)) establishments of which pendence and Security Act of 2007 (42 U.S.C. practices for small- and medium-sized manu- have, or could have, thermal host facilities 17111(a)) is amended— facturers. with electricity requirements met in whole, (1) by redesignating paragraphs (3) through ‘‘(5) OUTREACH.—The Secretary shall pro- or in part, by onsite electricity generation, (5) as paragraphs (4) through (6), respec- vide funding for— including direct and indirect combined heat tively; and ‘‘(A) outreach activities by the industrial and power or waste recovery. (2) by inserting after paragraph (3): research and assessment centers to inform (3) SECRETARY.—The term ‘‘Secretary’’ ‘‘(5) ENERGY SERVICE PROVIDER.—The term small- and medium-sized manufacturers of means the Secretary of Energy. ‘energy service provider’ means any private the information, technologies, and services (b) REPORT ON THE DEPLOYMENT OF INDUS- company or similar entity providing tech- available; and TRIAL ENERGY EFFICIENCY.— nology or services to improve energy effi- ‘‘(B) a full-time equivalent employee at (1) IN GENERAL.—Not later than 1 year after ciency in an energy-intensive industry.’’. each center of excellence whose primary mis- the date of enactment of this Act, the Sec- (c) INDUSTRIAL RESEARCH AND ASSESSMENT sion shall be to coordinate and leverage the retary shall submit to the Committee on En- CENTERS.— efforts of the center with— ergy and Commerce of the House of Rep- (1) IN GENERAL.—Section 452(e) of the En- ‘‘(i) Federal and State efforts; resentatives and the Committee on Energy ergy Independence and Security Act of 2007 ‘‘(ii) the efforts of utilities and energy and Natural Resources of the Senate a report (42 U.S.C. 17111(e)) is amended— service providers; describing— (A) by redesignating paragraphs (1) ‘‘(iii) the efforts of regional energy effi- (A) the results of the study conducted through (5) as subparagraphs (A) through (E), ciency organizations; and under paragraph (2); and respectively, and indenting appropriately; ‘‘(iv) the efforts of other centers in the re- (B) recommendations and guidance devel- (B) by striking ‘‘The Secretary’’ and in- gion of the center of excellence. oped under paragraph (3). serting the following: ‘‘(6) WORKFORCE TRAINING.— (2) STUDY.—The Secretary, in coordination ‘‘(1) IN GENERAL.—The Secretary’’; ‘‘(A) IN GENERAL.—The Secretary shall pay with the industrial sector, shall conduct a (C) in subparagraph (A) (as redesignated by the Federal share of associated internship study of the following: subparagraph (A)), by inserting before the programs under which students work with or (A) The legal, regulatory, and economic semicolon at the end the following: ‘‘, includ- for industries, manufacturers, and energy barriers to the deployment of industrial en- ing assessments of sustainable manufac- service providers to implement the rec- ergy efficiency in all electricity markets (in- turing goals and the implementation of in- ommendations of industrial research and as- cluding organized wholesale electricity mar- formation technology advancements for sup- sessment centers. kets, and regulated electricity markets), in- ply chain analysis, logistics, system moni- ‘‘(B) FEDERAL SHARE.—The Federal share of cluding, as applicable, the following: toring, industrial and manufacturing proc- the cost of carrying out internship programs (i) Transmission and distribution inter- esses, and other purposes’’; and described in subparagraph (A) shall be 50 per- connection requirements. (D) by adding at the end the following: cent. (ii) Standby, back-up, and maintenance ‘‘(2) CENTERS OF EXCELLENCE.— ‘‘(C) FUNDING.—Subject to the availability fees (including demand ratchets). ‘‘(A) IN GENERAL.—The Secretary shall es- of appropriations, of the funds made avail- (iii) Exit fees. tablish a Center of Excellence at up to 10 of able under subsection (f), the Secretary shall

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11254 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 use to carry out this paragraph not less than (B) current trends in supply chains; and ‘‘(7) work with industry, including small $5,000,000 for fiscal year 2012 and each fiscal (C) the energy intensity of each part of the businesses, to improve supply chain effi- year thereafter. supply chain and opportunities for improve- ciency through activities that include— ‘‘(7) SMALL BUSINESS LOANS.—The Adminis- ment; ‘‘(A) developing and sharing best practices; trator of the Small Business Administration (3) for each technology or manufacturing and shall, to the maximum practicable, expedite sector, an analysis of which sections of the ‘‘(B) providing opportunities to benchmark consideration of applications from eligible supply chain are critical for the United supply chain efficiency. small business concerns for loans under the States to retain or develop to be competitive ‘‘(d) EVALUATION.—In any evaluation of Small Business Act (15 U.S.C. 631 et seq.) to in the manufacturing of the technology; supply chain efficiency carried out by the implement recommendations of industrial (4) an assessment of which emerging en- Secretary with respect to a specific product, research and assessment centers established ergy technologies the United States should the Secretary shall consider energy con- under paragraph (1).’’. focus on to create or enhance manufacturing sumption and resource use throughout the SEC. 2305. SUSTAINABLE MANUFACTURING INI- capabilities; and entire lifecycle of a product, including pro- TIATIVE. (5) recommendations on leveraging the ex- duction, transport, packaging, use, and dis- (a) IN GENERAL.—Part E of title III of the pertise of energy efficiency and renewable posal. Energy Policy and Conservation Act (42 energy user facilities so that best materials ‘‘(e) GRANTS AND INCENTIVES.— U.S.C. 6341) is amended by adding at the end and manufacturing practices are designed ‘‘(1) IN GENERAL.—The Secretary may the following: and implemented. award grants or other forms of incentives on ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INI- (b) REPORT.—Not later than 2 years after a competitive basis to eligible entities, as TIATIVE. the date on which the Secretary enters into determined by the Secretary, for the pur- ‘‘(a) IN GENERAL.—As part of the Industrial the agreement with the Academy described poses of— Technologies Program of the Department of in subsection (a), the Academy shall submit ‘‘(A) studying supply chain energy resource Energy, the Secretary shall carry out a sus- to the Committee on Energy and Natural Re- efficiency; and tainable manufacturing initiative under sources of the Senate, the Committee on En- ‘‘(B) demonstrating and achieving reduc- which the Secretary, on the request of a ergy and Commerce of the House of Rep- tions in the energy resource consumption of manufacturer, shall conduct onsite technical resentatives, and the Secretary a report de- commercial products through changes and assessments to identify opportunities for— scribing the results of the study required improvements to the production supply and ‘‘(1) maximizing the energy efficiency of under this section, including any findings distribution chain of the products. industrial processes and cross-cutting sys- and recommendations. ‘‘(2) USE OF INFORMATION.—Any informa- tems; SEC. 2307. INDUSTRIAL TECHNOLOGIES STEER- tion or data generated as a result of the ‘‘(2) preventing pollution and minimizing ING COMMITTEE. grants or incentives described in paragraph waste; The Secretary shall establish an advisory (1) shall be used to inform the development ‘‘(3) improving efficient use of water in steering committee that includes national of the Supply Star Program. manufacturing processes; trade associations representing energy-in- ‘‘(f) TRAINING.—The Secretary shall use ‘‘(4) conserving natural resources; and tensive industries or energy service pro- funds to support professional training pro- ‘‘(5) achieving such other goals as the Sec- viders to provide recommendations to the grams to develop and communicate methods, retary determines to be appropriate. Secretary on planning and implementation practices, and tools for improving supply ‘‘(b) COORDINATION.—The Secretary shall of the Industrial Technologies Program of chain efficiency. carry out the initiative in coordination with the Department of Energy. ‘‘(g) EFFECT OF IMPACT ON CLIMATE the private sector and appropriate agencies, Subtitle B—Supply Star CHANGE.—For purposes of this section, the including the National Institute of Stand- SEC. 2311. SUPPLY STAR. impact on climate change shall not be a fac- ards and Technology to accelerate adoption tor in determining supply chain efficiency. of new and existing technologies or processes Part B of title III of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended ‘‘(h) EFFECT OF OUTSOURCING OF AMERICAN that improve energy efficiency. JOBS.—For purposes of this section, the out- ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM by inserting after section 324A (42 U.S.C. 6294a) the following: sourcing of American jobs in the production FOR SUSTAINABLE MANUFACTURING AND IN- of a product shall not count as a positive fac- ‘‘SEC. 324B. SUPPLY STAR PROGRAM. DUSTRIAL TECHNOLOGIES AND PROCESSES.—As tor in determining supply chain efficiency. ‘‘(a) IN GENERAL.—There is established part of the Industrial Technologies Program ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— within the Department of Energy a Supply of the Department of Energy, the Secretary There are authorized to be appropriated to Star program to identify and promote prac- shall carry out a joint industry-government carry out this section $10,000,000 for the pe- tices, recognize companies, and, as appro- partnership program to research, develop, riod of fiscal years 2012 through 2021.’’. and demonstrate new sustainable manufac- priate, recognize products that use highly ef- turing and industrial technologies and proc- ficient supply chains in a manner that con- Subtitle C—Electric Motor Rebate Program esses that maximize the energy efficiency of serves energy, water, and other resources. SEC. 2321. ENERGY SAVING MOTOR CONTROL RE- industrial systems, reduce pollution, and ‘‘(b) COORDINATION.—In carrying out the BATE PROGRAM. conserve natural resources. program described in subsection (a), the Sec- (a) ESTABLISHMENT.—Not later than Janu- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— retary shall— ary 1, 2012, the Secretary of Energy (referred There is authorized to be to carry out this ‘‘(1) consult with other appropriate agen- to in this section as the ‘‘Secretary’’) shall section $10,000,000 for the period of fiscal cies; and establish a program to provide rebates for years 2012 through 2021.’’. ‘‘(2) coordinate efforts with the Energy expenditures made by entities for the pur- (b) TABLE OF CONTENTS.—The table of con- Star program established under section 324A. chase and installation of a new constant tents of the Energy Policy and Conservation ‘‘(c) DUTIES.—In carrying out the Supply speed electric motor control that reduces Act (42 U.S.C. prec. 6201) is amended by add- Star program described in subsection (a), the motor energy use by not less than 5 percent. ing at the end of the items relating to part Secretary shall— (b) REQUIREMENTS.— E of title III the following: ‘‘(1) promote practices, recognize compa- (1) APPLICATION.—To be eligible to receive ‘‘Sec. 376. Sustainable manufacturing initia- nies, and, as appropriate, recognize products a rebate under this section, an entity shall tive.’’. that comply with the Supply Star program submit to the Secretary an application in SEC. 2306. STUDY OF ADVANCED ENERGY TECH- as the preferred practices, companies, and such form, at such time, and containing such NOLOGY MANUFACTURING CAPA- products in the marketplace for maximizing information as the Secretary may require, BILITIES IN THE UNITED STATES. supply chain efficiency; including— (a) IN GENERAL.—Not later than 60 days ‘‘(2) work to enhance industry and public (A) demonstrated evidence that the entity after the date of enactment of this Act, the awareness of the Supply Star program; purchased a constant speed electric motor Secretary shall enter into an arrangement ‘‘(3) collect and disseminate data on supply control that reduces motor energy use by with the National Academy of Sciences chain energy resource consumption; not less than 5 percent; and under which the Academy shall conduct a ‘‘(4) develop and disseminate metrics, proc- (B) the physical nameplate of the installed study of the development of advanced manu- esses, and analytical tools (including soft- motor of the entity to which the energy sav- facturing capabilities for various energy ware) for evaluating supply chain energy re- ing motor control is attached. technologies, including— source use; (2) AUTHORIZED AMOUNT OF REBATE.—The (1) an assessment of the manufacturing ‘‘(5) develop guidance at the sector level Secretary may provide to an entity that supply chains of established and emerging for improving supply chain efficiency; meets the requirements of paragraph (1) a re- industries; ‘‘(6) work with domestic and international bate the amount of which shall be equal to (2) an analysis of— organizations to harmonize approaches to the product obtained by multiplying— (A) the manner in which supply chains analyzing supply chain efficiency, including (A) the nameplate horsepower of the elec- have changed over the 25-year period ending the development of a consistent set of tools, tric motor to which the energy saving motor on the date of enactment of this Act; templates, calculators, and databases; and control is attached; and

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11255 (B) $25. (2) estimated energy and financial savings maintenance of buildings and building sys- (c) AUTHORIZATION OF APPROPRIATIONS.— from employing the tools described in sub- tems; and There is authorized to be appropriated to section (a). ‘‘(III) standards for sufficient levels of se- carry out this section $5,000,000 for each of SEC. 2402. AVAILABILITY OF FUNDS FOR DESIGN curity and protection against cyber threats fiscal years 2012 and 2013, to remain available UPDATES. to ensure systems cannot be controlled by until expended. Section 3307 of title 40, United States Code, unauthorized persons; and Subtitle D—Transformer Rebate Program is amended— ‘‘(iii) an analysis of— SEC. 2331. ENERGY EFFICIENT TRANSFORMER (1) by redesignating subsections (d) ‘‘(I) the types of advanced metering and REBATE PROGRAM. through (h) as subsections (e) through (i), re- monitoring systems being piloted, tested, or (a) DEFINITION OF QUALIFIED TRANS- spectively; and installed in Federal buildings; and FORMER.—In this section, the term ‘‘qualified (2) by inserting after subsection (c) the fol- ‘‘(II) existing techniques used within the transformer’’ means a transformer that lowing: private sector or other non-Federal govern- meets or exceeds the National Electrical ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN ment buildings.’’. Manufacturers Association (NEMA) Pre- UPDATES.— SEC. 2404. FEDERAL ENERGY MANAGEMENT AND mium Efficiency designation, calculated to 2 ‘‘(1) IN GENERAL.—Subject to paragraph (2), DATA COLLECTION STANDARD. decimal points, as having 30 percent fewer for any project for which congressional ap- Section 543 of the National Energy Con- losses than the NEMA TP-1-2002 efficiency proval is received under subsection (a) and servation Policy Act (42 U.S.C. 8253) is standard for a transformer of the same num- for which the design has been substantially amended— ber of phases and capacity, as measured in completed but construction has not begun, (1) by redesignating the second subsection kilovolt-amperes. the Administrator of General Services may (f) (as added by section 434(a) of Public Law (b) ESTABLISHMENT.—Not later than Janu- use appropriated funds to update the project 110–140 (121 Stat. 1614)) as subsection (g); and ary 1, 2012, the Secretary of Energy (referred design to meet applicable Federal building (2) in subsection (f)(7), by striking subpara- to in this section as the ‘‘Secretary’’) shall energy efficiency standards established graph (A) and inserting the following: establish a program to provide rebates for under section 305 of the Energy Conservation ‘‘(A) IN GENERAL.—For each facility that expenditures made by owners of commercial and Production Act (42 U.S.C. 6834) and other meets the criteria established by the Sec- buildings and multifamily residential build- requirements established under section 3312. retary under paragraph (2)(B), the energy ings for the purchase and installation of a ‘‘(2) LIMITATION.—The use of funds under manager shall use the web-based tracking new energy efficient transformers. paragraph (1) shall not exceed 125 percent of system under subparagraph (B)— (c) REQUIREMENTS.— the estimated energy or other cost savings ‘‘(i) to certify compliance with the require- (1) APPLICATION.—To be eligible to receive associated with the updates as determined ments for— a rebate under this section, an owner shall by a life-cycle cost analysis under section 544 ‘‘(I) energy and water evaluations under submit to the Secretary an application in of the National Energy Conservation Policy paragraph (3); such form, at such time, and containing such Act (42 U.S.C. 8254).’’. ‘‘(II) implementation of identified energy information as the Secretary may require, SEC. 2403. BEST PRACTICES FOR ADVANCED ME- and water measures under paragraph (4); and including demonstrated evidence that the TERING. ‘‘(III) follow-up on implemented measures owner purchased a qualified transformer. Section 543(e) of the National Energy Con- under paragraph (5); and (2) AUTHORIZED AMOUNT OF REBATE.—For servation Policy Act (42 U.S.C. 8253(e) is ‘‘(ii) to publish energy and water consump- qualified transformers, rebates, in dollars amended by striking paragraph (3) and in- tion data on an individual facility basis.’’. per kilovolt-ampere (referred to in this para- serting the following: SEC. 2405. ELECTRIC VEHICLE CHARGING INFRA- graph as ‘‘kVA’’) shall be— ‘‘(3) PLAN.— STRUCTURE. (A) for 3-phase transformers— ‘‘(A) IN GENERAL.—Not later than 180 days Section 804(4) of the National Energy Con- (i) with a capacity of not greater than 10 after the date on which guidelines are estab- servation Policy Act (42 U.S.C. 8287c(4)) is kVA, $15; lished under paragraph (2), in a report sub- amended— (ii) with a capacity of not less than 10 kVA mitted by the agency under section 548(a), (1) in subparagraph (A), by striking ‘‘or’’ and not greater than 100 kVA, the difference each agency shall submit to the Secretary a after the semicolon; between 15 and the quotient obtained by di- plan describing the manner in which the (2) in subparagraph (B), by striking the pe- viding— agency will implement the requirements of riod at the end and inserting ‘‘; or’’; and (I) the difference between— paragraph (1), including— (3) by adding at the end the following: (aa) the capacity of the transformer in ‘‘(i) how the agency will designate per- ‘‘(C) a measure to support the use of elec- kVA; and sonnel primarily responsible for achieving tric vehicles or the fueling or charging infra- (bb) 10; by the requirements; and structure necessary for electric vehicles.’’. (II) 9; and ‘‘(ii) a demonstration by the agency, com- SEC. 2406. FEDERAL PURCHASE REQUIREMENT. (iii) with a capacity greater than or equal plete with documentation, of any finding Section 203 of the Energy Policy Act of to 100 kVA, $5; and that advanced meters or advanced metering 2005 (42 U.S.C. 15852) is amended— (B) for single-phase transformers, 75 per- devices (as those terms are used in paragraph (1) in subsections (a) and (b)(2), by striking cent of the rebate for a 3-phase transformer (1)), are not practicable. ‘‘electric energy’’ each place it appears and of the same capacity. ‘‘(B) UPDATES.—Reports submitted under inserting ‘‘electric, direct, and thermal en- (d) AUTHORIZATION OF APPROPRIATIONS.— subparagraph (A) shall be updated annually. ergy’’; There is authorized to be appropriated to ‘‘(4) BEST PRACTICES REPORT.— (2) in subsection (b)(2)— carry out this section $5,000,000 for each of ‘‘(A) IN GENERAL.—Not later than 180 days (A) by inserting ‘‘, or avoided by,’’ after fiscal years 2012 and 2013, to remain available after the date of enactment of the Energy ‘‘generated from’’; and until expended. Savings and Industrial Competitiveness Act (B) by inserting ‘‘(including ground-source, TITLE IV—FEDERAL AGENCY ENERGY of 2012, the Secretary of Energy, in consulta- reclaimed, and ground water)’’after ‘‘geo- EFFICIENCY tion with the Secretary of Defense and the thermal’’; SEC. 2401. ADOPTION OF PERSONAL COMPUTER Administrator of General Services, shall de- (3) by redesignating subsection (d) as sub- POWER SAVINGS TECHNIQUES BY velop, and issue a report on, best practices section (e); and FEDERAL AGENCIES. for the use of advanced metering of energy (4) by inserting after subsection (c) the fol- (a) IN GENERAL.—Not later than 360 days use in Federal facilities, buildings, and lowing: after the date of enactment of this Act, the equipment by Federal agencies. ‘‘(d) SEPARATE CALCULATION.—Renewable Secretary of Energy, in consultation with ‘‘(B) UPDATING.—The report described energy produced at a Federal facility, on the Secretary of Defense, the Secretary of under subparagraph (A) shall be updated an- Federal land, or on Indian land (as defined in Veterans Affairs, and the Administrator of nually. section 2601 of the Energy Policy Act of 1992 General Services, shall issue guidance for ‘‘(C) COMPONENTS.—The report shall in- (25 U.S.C. 3501))— Federal agencies to employ advanced tools clude, at a minimum— ‘‘(1) shall be calculated (on a BTU-equiva- allowing energy savings through the use of ‘‘(i) summaries and analysis of the reports lent basis) separately from renewable energy computer hardware, energy efficiency soft- by agencies under paragraph (3); used; and ware, and power management tools. ‘‘(ii) recommendations on standard re- ‘‘(2) may be used individually or in com- (b) REPORTS ON PLANS AND SAVINGS.—Not quirements or guidelines for automated en- bination to comply with subsection (a).’’. later than 180 days after the date of the ergy management systems, including— SEC. 2407. STUDY ON FEDERAL DATA CENTER issuance of the guidance under subsection ‘‘(I) potential common communications CONSOLIDATION. (a), each Federal agency shall submit to the standards to allow data sharing and report- (a) IN GENERAL.—The Secretary of Energy Secretary of Energy a report that describes— ing; shall conduct a study on the feasibility of a (1) the plan of the agency for implementing ‘‘(II) means of facilitating continuous com- government-wide data center consolidation, the guidance within the agency; and missioning of buildings and evidence-based with an overall Federal target of a minimum

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of 800 Federal data center closures by Octo- COLLINS, Mr. BROWN of Massachusetts, At the end, add the following: ber 1, 2015. Mr. COBURN, Mr. ALEXANDER, and Mr. (b) COORDINATION.—In conducting the TITLE ll—FREEDOM FROM RESTRIC- KIRK) submitted an amendment in- TIVE EXCESSIVE EXECUTIVE DEMANDS study, the Secretary shall coordinate with tended to be proposed by him to the Federal data center program managers, fa- AND ONEROUS MANDATES bill S. 2237, to provide a temporary in- cilities managers, and sustainability offi- SEC. l01. SHORT TITLE. cers. come tax credit for increased payroll (c) REPORT.—Not later than 1 year after and extend bonus depreciation for an This title may be cited as the ‘‘Freedom the date of enactment of this Act, the Sec- additional year, and for other purposes; from Restrictive Excessive Executive De- retary shall submit to Congress a report that which was ordered to lie on the table; mands and Onerous Mandates Act of 2012’’. describes the results of the study, including as follows: SEC. l02. FINDINGS. a description of agency best practices in data At the appropriate place, insert the fol- center consolidation. Congress finds the following: lowing: TITLE V—MISCELLANEOUS (1) A vibrant and growing small business SEC. ll. REPEAL OF DISTRIBUTIONS FOR MEDI- sector is critical to the recovery of the econ- SEC. 2501. OFFSETS. CINE QUALIFIED ONLY IF FOR PRE- SCRIBED DRUG OR INSULIN. omy of the United States. (a) ZERO-NET ENERGY COMMERCIAL BUILD- (2) Regulations designed for application to INGS INITIATIVE.—Section 422(f) of the Energy Section 9003 of the Patient Protection and Affordable Care Act (Public Law 111–148) and large-scale entities have been applied uni- Independence and Security Act of 2007 (42 formly to small businesses and other small U.S.C. 17082(f)) is amended by striking para- the amendments made by such section are repealed; and the Internal Revenue Code of entities, sometimes inhibiting the ability of graphs (2) through (4) and inserting the fol- small entities to create new jobs. lowing: 1986 shall be applied as if such section, and amendments, had never been enacted. (3) Uniform Federal regulatory and report- ‘‘(2) $50,000,000 for each of fiscal years 2009 ing requirements in many instances have im- through 2012; SA 2548. Mr. WYDEN submitted an posed on small businesses and other small ‘‘(3) $100,000,000 for fiscal year 2013; and entities unnecessary and disproportionately ‘‘(4) $200,000,000 for each of fiscal years 2014 amendment intended to be proposed to amendment SA 2521 proposed by Mr. burdensome demands, including legal, ac- through 2018.’’. counting, and consulting costs, thereby (b) ENERGY SUSTAINABILITY AND EFFICIENCY REID (for Ms. LANDRIEU) to the bill S. threatening the viability of small entities GRANTS AND LOANS FOR INSTITUTIONS.—Sub- 2237, to provide a temporary income and the ability of small entities to compete section (j) of section 399A of the Energy Pol- tax credit for increased payroll and ex- and create new jobs in a global marketplace. icy and Conservation Act (42 U.S.C. 6371h–1) tend bonus depreciation for an addi- (4) Since 1980, Federal agencies have been (as redesignated by section 2301(2)) is amend- tional year, and for other purposes; required to recognize and take account of ed— the differences in the scale and resources of (1) in paragraph (1), by striking ‘‘through which was ordered to lie on the table; as follows: regulated entities, but in many instances 2013’’ and inserting ‘‘and 2010, $100,000,000 for have failed to do so. each of fiscal years 2011 and 2012, and At the end of division B, insert the fol- (5) In 2009, there were nearly 70,000 pages in $250,000,000 for fiscal year 2013’’; and lowing: the Federal Register, and, according to re- (2) in paragraph (2), by striking ‘‘through TITLE ll—ENTREPRENEURIAL search by the Office of Advocacy of the 2013’’ and inserting ‘‘and 2010, $100,000,000 for TRAINING Small Business Administration, the annual each of fiscal years 2011 and 2012, and SEC. ll. RULEMAKING. cost of Federal regulations totals $425,000,000 for fiscal year 2013’’. (a) IN GENERAL.—Not later than 9 months $1,750,000,000,000. Small firms bear a dis- (c) WASTE ENERGY RECOVERY INCENTIVE after the date of enactment of this Act, the proportionate burden, paying approximately PROGRAM.—Section 373(f)(1) of the Energy Secretary of Labor shall establish alternate 36 percent more per employee than larger Policy and Conservation Act (42 U.S.C. guidelines for measuring State and local per- firms in annual regulatory compliance costs. 6343(f)(1)) is amended— formance, under section 136 of the Workforce (6) All agencies in the Federal Government (1) by redesignating subparagraph (B) as Investment Act of 1998 (42 U.S.C. 2871), re- should fully consider the costs, including in- subparagraph (D); and garding entrepreneurial training services, as direct economic impacts and the potential (2) by striking subparagraph (A) and in- authorized in section 134(d)(4)(D)(vi) of such for job loss, of proposed rules, periodically serting the following: Act (29 U.S.C. 2864(d)(4)(D)(vi)), and provide review existing regulations to determine ‘‘(A) $100,000,000 for fiscal year 2008; the State and local workforce investment their impact on small entities, and repeal ‘‘(B) $200,000,000 for each of fiscal years 2009 boards with specific guidance on successful regulations that are unnecessarily duplica- and 2010; approaches to collecting performance infor- tive or have outlived their stated purpose. ‘‘(C) $100,000,000 for each of fiscal years 2011 mation on entrepreneurial training, notwith- (7) It is the intention of Congress to amend and 2012; and’’. standing section 136(f)(2) of such Act (42 chapter 6 of title 5, United States Code, to (d) ENERGY-INTENSIVE INDUSTRIES PRO- U.S.C. 2871(f)(2)). ensure that all impacts, including foresee- GRAM.—Section 452(f)(1) of the Energy Inde- (b) CONSIDERATIONS.—In determining the able indirect effects, of proposed and final pendence and Security Act of 2007 (42 U.S.C. alternate guidelines, the Secretary shall rules are considered by agencies during the 17111(f)(1)) is amended— consider utilizing authorities granted under rulemaking process and that the agencies as- (1) in subparagraph (D), by striking the Workforce Investment Act of 1998, in- sess a full range of alternatives that will ‘‘$202,000,000’’ and inserting ‘‘$102,000,000’’; cluding a State’s waiver authority, as au- limit adverse economic consequences, en- and thorized in section 189(i)(4) of such Act (29 hance economic benefits, and fully address (2) in subparagraph (E), by striking U.S.C. 2939(i)(4)). potential job loss. ‘‘$208,000,000’’ and inserting ‘‘$108,000,000’’. (c) REPORT.—Not later than 12 months SEC. 2502. BUDGETARY EFFECTS. after publication of the final rule estab- SEC. l03. INCLUDING INDIRECT ECONOMIC IM- PACT IN SMALL ENTITY ANALYSES. The budgetary effects of this Act, for the lishing the guidelines, the Secretary shall purpose of complying with the Statutory issue a report on the progress of State and Section 601 of title 5, United States Code, Pay-As-You-Go-Act of 2010, shall be deter- local workforce investment boards in imple- is amended by adding at the end the fol- mined by reference to the latest statement menting new entrepreneurial training pro- lowing: titled ‘‘Budgetary Effects of PAYGO Legisla- grams and any ongoing challenges to offer- ‘‘(9) the term ‘economic impact’ means, tion’’ for this Act, submitted for printing in ing entrepreneurial training programs, with with respect to a proposed or final rule— the Congressional Record by the Chairman of recommendations to Congress on how best to ‘‘(A) the economic effects on small entities the Senate Budget Committee, provided that address those challenges. directly regulated by the rule; and such statement has been submitted prior to ‘‘(B) the reasonably foreseeable economic the vote on passage. SA 2549. Ms. SNOWE (for herself and effects of the rule on small entities that— SEC. 2503. ADVANCE APPROPRIATIONS RE- Mr. COBURN) submitted an amendment ‘‘(i) purchase products or services from, QUIRED. intended to be proposed to amendment sell products or services to, or otherwise con- The authorization of amounts under this SA 2521 proposed by Mr. REID (for Ms. duct business with entities directly regu- division and the amendments made by this LANDRIEU) to the bill S. 2237, to provide lated by the rule; division shall be effective for any fiscal year a temporary income tax credit for in- ‘‘(ii) are directly regulated by other gov- only to the extent and in the amount pro- ernmental entities as a result of the rule; or vided in advance in appropriations Acts. creased payroll and extend bonus de- ‘‘(iii) are not directly regulated by the preciation for an additional year, and agency as a result of the rule but are other- SA 2547. Mr. ROBERTS (for himself, for other purposes; which was ordered wise subject to other agency regulations as a Mr. HATCH, Mr. RUBIO, Mr. BURR, Ms. to lie on the table; as follows: result of the rule.’’.

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JUDICIAL REVIEW TO ALLOW SMALL ‘‘(A) not later than 9 years after the date of significant economic impact on a substantial ENTITIES TO CHALLENGE PRO- publication of the plan in the Federal Reg- number of small entities (without regard to POSED REGULATIONS. ister; and whether the agency had prepared a final reg- Section 611(a) of title 5, United States ‘‘(B) every 9 years thereafter; and ulatory flexibility analysis for the rule); and Code, is amended— ‘‘(2) the review of each rule adopted and ‘‘(3) a request for comments from the pub- (1) in paragraph (1), by inserting ‘‘603,’’ small entity compliance guide described in lic, the Chief Counsel for Advocacy of the after ‘‘601,’’; subsection (a)(1) that is published after the Small Business Administration, and the Reg- (2) in paragraph (2), by inserting ‘‘603,’’ date of enactment of the Freedom from Re- ulatory Enforcement Ombudsman con- after ‘‘601,’’; strictive Excessive Executive Demands and cerning the enforcement of the rules or pub- (3) by striking paragraph (3) and inserting Onerous Mandates Act of 2012— lication of the guides. the following: ‘‘(A) not later than 9 years after the publi- ‘‘(f)(1) Not later than 6 months after each ‘‘(3) A small entity may seek such review cation of the final rule in the Federal Reg- date described in subsection (b)(1), the In- during the 1-year period beginning on the ister; and spector General for each agency shall— date of final agency action, except that— ‘‘(B) every 9 years thereafter. ‘‘(A) determine whether the agency has ‘‘(A) if a provision of law requires that an ‘‘(c) In reviewing rules under the plan re- conducted the review required under sub- action challenging a final agency action be quired under subsection (a), the agency shall section (b) appropriately; and commenced before the expiration of 1 year, consider— ‘‘(B) notify the head of the agency of— the lesser period shall apply to an action for ‘‘(1) the continued need for the rule; ‘‘(i) the results of the determination under judicial review under this section; and ‘‘(2) the nature of complaints received by subparagraph (A); and ‘‘(B) in the case of noncompliance with sec- the agency from small entities concerning ‘‘(ii) any issues preventing the Inspector tion 603 or 605(b), a small entity may seek ju- the rule; General from determining that the agency dicial review of agency compliance with such ‘‘(3) comments by the Regulatory Enforce- has conducted the review under subsection section before the close of the public com- ment Ombudsman and the Chief Counsel for (b) appropriately. ment period.’’; and Advocacy of the Small Business Administra- ‘‘(2)(A) Not later than 6 months after the (4) in paragraph (4)— tion; date on which the head of an agency receives (A) in subparagraph (A), by striking ‘‘, ‘‘(4) the complexity of the rule; a notice under paragraph (1)(B) that the and’’ and inserting a semicolon; ‘‘(5) the extent to which the rule overlaps, agency has not conducted the review under (B) in subparagraph (B), by striking the pe- duplicates, or conflicts with other Federal subsection (b) appropriately, the agency riod and inserting ‘‘; or’’; and rules and, unless the head of the agency de- shall address the issues identified in the no- (C) by adding at the end the following: termines it to be infeasible, State and local tice. ‘‘(C) issuing an injunction prohibiting an rules; ‘‘(B) Not later than 30 days after the last agency from taking any agency action with ‘‘(6) the contribution of the rule to the cu- day of the 6-month period described in sub- respect to a rulemaking until that agency is mulative economic impact of all Federal paragraph (A), the Inspector General for an in compliance with the requirements of sec- rules on the class of small entities affected agency that receives a notice described in tion 603 or 605.’’. by the rule, unless the head of the agency de- subparagraph (A) shall— SEC. l05. PERIODIC REVIEW. termines that such a calculation cannot be ‘‘(i) determine whether the agency has ad- Section 610 of title 5, United States Code, made; dressed the issues identified in the notice; is amended to read as follows: ‘‘(7) the length of time since the rule has and ‘‘§ 610. Periodic review of rules been evaluated, or the degree to which tech- ‘‘(ii) notify Congress if the Inspector Gen- nology, economic conditions, or other fac- eral determines that the agency has not ad- ‘‘(a)(1) Not later than 180 days after the tors have changed in the area affected by the date of enactment of the Freedom from Re- dressed the issues identified in the notice; rule; and and strictive Excessive Executive Demands and ‘‘(8) the economic impact of the rule, in- Onerous Mandates Act of 2012, each agency ‘‘(C) Not later than 30 days after the date cluding— on which the Inspector General for an agen- shall establish a plan for the periodic review ‘‘(A) the estimated number of small enti- of— cy transmits a notice under subparagraph ties to which the rule will apply; (B)(ii), an amount equal to 1 percent of the ‘‘(A) each rule issued by the agency that ‘‘(B) the estimated number of small entity the head of the agency determines has a sig- amount appropriated for the fiscal year to jobs that will be lost or created due to the the appropriations account of the agency nificant economic impact on a substantial rule; and number of small entities, without regard to that is used to pay salaries shall be re- ‘‘(C) the projected reporting, record- scinded. whether the agency performed an analysis keeping, and other compliance requirements under section 604 with respect to the rule; ‘‘(D) Nothing in this paragraph may be of the proposed rule, including— construed to prevent Congress from acting to and ‘‘(i) an estimate of the classes of small en- ‘‘(B) any small entity compliance guide re- prevent a rescission under subparagraph tities that will be subject to the require- (C).’’. quired to be published by the agency under ment; and l section 212 of the Small Business Regulatory ‘‘(ii) the type of professional skills nec- SEC. 06. REQUIRING SMALL BUSINESS REVIEW Enforcement Fairness Act of 1996 (5 U.S.C. PANELS FOR ADDITIONAL AGEN- essary for preparation of the report or CIES. 601 note). record. (a) AGENCIES.—Section 609 of title 5, United ‘‘(2) In reviewing rules and small entity ‘‘(d)(1) Each agency shall submit an annual States Code, is amended— compliance guides under paragraph (1), the report regarding the results of the review re- (1) in subsection (b)— agency shall determine whether the rules quired under subsection (a) to— (A) in the matter preceding paragraph (1), and guides should— ‘‘(A) Congress; and by striking ‘‘a covered agency’’ and inserting ‘‘(A) be amended or rescinded, consistent ‘‘(B) in the case of an agency that is not an ‘‘an agency designated under subsection (d)’’; with the stated objectives of applicable stat- independent regulatory agency (as defined in and utes, to minimize any significant adverse section 3502(5) of title 44), the Administrator (B) by striking ‘‘a covered agency’’ each economic impacts on a substantial number of the Office of Information and Regulatory place it appears and inserting ‘‘the agency’’; of small entities (including an estimate of Affairs of the Office of Management and (2) by striking subsection (d) and inserting any adverse impacts on job creation and em- Budget. ployment by small entities); or ‘‘(2) Each report required under paragraph the following: ‘‘(B) continue in effect without change. (1) shall include a description of any rule or ‘‘(d)(1) On and after the date of enactment ‘‘(3) Each agency shall publish the plan es- guide with respect to which the agency made of the Freedom from Restrictive Excessive tablished under paragraph (1) in the Federal a determination of infeasibility under para- Executive Demands and Onerous Mandates Register and on the Web site of the agency. graph (5) or (6) of subsection (c), together Act of 2012, the Environmental Protection ‘‘(4) An agency may amend the plan estab- with a detailed explanation of the reasons Agency, the Bureau of Consumer Financial lished under paragraph (1) at any time by for the determination. Protection, and the Occupational Safety and publishing the amendment in the Federal ‘‘(e) Each agency shall publish in the Fed- Health Administration of the Department of Register and on the Web site of the agency. eral Register and on the Web site of the Labor shall be— ‘‘(b) Each plan established under sub- agency a list of the rules and small entity ‘‘(A) agencies designated under this sub- section (a) shall provide for— compliance guides to be reviewed under the section; and ‘‘(1) the review of each rule and small enti- plan required under subsection (a) that in- ‘‘(B) subject to the requirements of sub- ty compliance guide described in subsection cludes— section (b). (a)(1) in effect on the date of enactment of ‘‘(1) a brief description of each rule or ‘‘(2) The Chief Counsel for Advocacy shall the Freedom from Restrictive Excessive Ex- guide; designate as agencies that shall be subject to ecutive Demands and Onerous Mandates Act ‘‘(2) for each rule, the reason why the head the requirements of subsection (b) on and of 2012— of the agency determined that the rule has a after the date of the designation—

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Affairs of the Office of Management and Onerous Mandates Act of 2012; Section 223 of the Small Business Regu- Budget under Executive Order 12866, if that ‘‘(B) in addition to the agencies designated latory Enforcement Fairness Act of 1996 (5 order requires the submission; or under subparagraph (A), 3 agencies for the U.S.C. 601 note) is amended— ‘‘(2) if no submission to the Office of Infor- (1) in subsection (a)— second year after the date of enactment of mation and Regulatory Affairs is required— (A) by striking ‘‘Each agency’’ and insert- the Freedom from Restrictive Excessive Ex- ‘‘(A) a reasonable period before publication ing the following: ecutive Demands and Onerous Mandates Act of the rule by the agency; and ‘‘(1) ESTABLISHMENT OF POLICY OR PRO- of 2012; and ‘‘(B) in any event, not later than 3 months GRAM.—Each agency’’; and ‘‘(C) in addition to the agencies designated before the date on which the agency pub- (B) by adding at the end the following: under subparagraphs (A) and (B), 3 agencies lishes the rule.’’. ‘‘(2) REVIEW OF CIVIL PENALTIES.—Not later for the third year after the date of enact- than 2 years after the date of enactment of (b) FINAL REGULATORY FLEXIBILITY ANAL- ment of the Freedom from Restrictive Exces- the Freedom from Restrictive Excessive Ex- YSIS.— sive Executive Demands and Onerous Man- ecutive Demands and Onerous Mandates Act (1) IN GENERAL.—Section 604(a) of title 5, dates Act of 2012. United States Code, is amended— ‘‘(3) The Chief Counsel for Advocacy shall of 2012, and every 2 years thereafter, each agency regulating the activities of small en- (A) by inserting ‘‘detailed’’ before ‘‘de- designate agencies under paragraph (2) based scription’’ each place it appears; on the economic impact of the rules of the tities shall review the civil penalties im- posed by the agency for violations of a statu- (B) in paragraph (2)— agency on small entities, beginning with (i) by inserting ‘‘detailed’’ before ‘‘state- agencies with the largest economic impact tory or regulatory requirement by a small entity to determine whether a reduction or ment’’ each place it appears; and on small entities.’’; and (ii) by inserting ‘‘(or certification of the (3) in subsection (e)(1), by striking ‘‘the waiver of the civil penalties is appropriate.’’; and proposed rule under section 605(b))’’ after covered agency’’ and inserting ‘‘the agency’’. ‘‘initial regulatory flexibility analysis’’; (b) TECHNICAL AND CONFORMING AMEND- (2) in subsection (c)— (A) by striking ‘‘Agencies shall report’’ and (C) in paragraph (4), by striking ‘‘an expla- MENTS.— nation’’ and inserting ‘‘a detailed expla- (1) SECTION 603.—Section 603(d) of title 5, all that follows through ‘‘the scope’’ and in- serting ‘‘Not later than 2 years after the date nation’’; and United States Code, is amended— (D) in paragraph (6) (relating to a descrip- (A) in paragraph (1), by striking ‘‘a covered of enactment of the Freedom from Restric- tive Excessive Executive Demands and Oner- tion of steps taken to minimize significant agency, as defined in section 609(d)(2)’’ and economic impact), as added by section 1601 of inserting ‘‘the Bureau of Consumer Financial ous Mandates Act of 2012, and every 2 years thereafter, each agency shall submit to the the Small Business Jobs Act of 2010 (Public Protection’’; and Law 111–240; 124 Stat. 2251), by inserting ‘‘de- (B) in paragraph (2), by striking ‘‘A cov- Committee on Small Business and Entrepre- neurship and the Committee on Homeland tailed’’ before ‘‘statement’’. ered agency, as defined in section 609(d)(2),’’ (2) PUBLICATION OF ANALYSIS ON WEB SITE, and inserting ‘‘The Bureau of Consumer Fi- Security and Governmental Affairs of the Senate and the Committee on Small Busi- ETC.—Section 604(b) of title 5, United States nancial Protection’’. Code, is amended to read as follows: (2) SECTION 604.—Section 604(a) of title 5, ness and the Committee on the Judiciary of the House of Representatives a report dis- ‘‘(b) The agency shall— United States Code, is amended— ‘‘(1) make copies of the final regulatory (A) by redesignating the second paragraph cussing the scope’’; and (B) by striking ‘‘and the total amount of flexibility analysis available to the public, designated as paragraph (6) (relating to cov- including by publishing the entire final regu- ered agencies), as added by section penalty reductions and waivers’’ and insert- ing ‘‘the total amount of penalty reductions latory flexibility analysis on the Web site of 1100G(c)(3) of Public Law 111–203 (124 Stat. the agency; and 2113), as paragraph (7); and and waivers, and the results of the most re- cent review under subsection (a)(2)’’. ‘‘(2) publish in the Federal Register the (B) in paragraph (7), as so redesignated— final regulatory flexibility analysis, or a SEC. l10. REQUIRING MORE DETAILED SMALL (i) by striking ‘‘a covered agency, as de- summary of the analysis that includes the fined in section 609(d)(2)’’ and inserting ‘‘the ENTITY ANALYSES. (a) INITIAL REGULATORY FLEXIBILITY ANAL- telephone number, mailing address, and ad- Bureau of Consumer Financial Protection’’; dress of the Web site where the complete and YSIS.—Section 603 of title 5, United States Code, is amended— final regulatory flexibility analysis may be (ii) by striking ‘‘the agency’’ and inserting obtained.’’. ‘‘the Bureau’’. (1) by striking subsection (b) and inserting the following: (c) CROSS-REFERENCES TO OTHER ANAL- SEC. l07. EXPANDING THE REGULATORY FLEXI- YSES.—Section 605(a) of title 5, United States BILITY ACT TO AGENCY GUIDANCE ‘‘(b) Each initial regulatory flexibility DOCUMENTS. analysis required under this section shall Code, is amended to read as follows: Section 601(2) of title 5, United States contain a detailed statement— ‘‘(a) A Federal agency shall be deemed to Code, is amended by inserting after ‘‘public ‘‘(1) describing the reasons why action by have satisfied a requirement regarding the comment’’ the following: ‘‘and any signifi- the agency is being considered; content of a regulatory flexibility agenda or cant guidance document, as defined in the ‘‘(2) describing the objectives of, and legal regulatory flexibility analysis under section Office of Management and Budget Final Bul- basis for, the proposed rule; 602, 603, or 604, if the Federal agency provides letin for Agency Good Guidance Procedures ‘‘(3) estimating the number and type of in the agenda or regulatory flexibility anal- (72 Fed. Reg. 3432; January 25, 2007)’’. small entities to which the proposed rule ysis a cross-reference to the specific portion SEC. l08. REQUIRING THE INTERNAL REVENUE will apply; of an agenda or analysis that is required by SERVICE TO CONSIDER SMALL ENTI- ‘‘(4) describing the projected reporting, another law and that satisfies the require- TY IMPACT. recordkeeping, and other compliance re- ment under section 602, 603, or 604.’’. (a) IN GENERAL.—Section 603(a) of title 5, quirements of the proposed rule, including (d) CERTIFICATIONS.—Section 605(b) of title United States Code, is amended, in the fifth an estimate of the classes of small entities 5, United States Code, is amended, in the sec- sentence, by striking ‘‘but only’’ and all that which will be subject to the requirement and ond sentence, by striking ‘‘statement pro- follows through the period at the end and in- the type of professional skills necessary for viding the factual’’ and inserting ‘‘detailed serting ‘‘but only to the extent that such in- preparation of the report and record; statement providing the factual and legal’’. terpretative rules, or the statutes upon ‘‘(5) describing all relevant Federal rules (e) QUANTIFICATION REQUIREMENTS.—Sec- which such rules are based, impose on small which may duplicate, overlap, or conflict tion 607 of title 5, United States Code, is entities a collection of information require- with the proposed rule, or the reasons why amended to read as follows: ment or a recordkeeping requirement.’’. such a description could not be provided; and ‘‘§ 607. Quantification requirements (b) DEFINITIONS.—Section 601 of title 5, ‘‘(6) estimating the additional cumulative United States Code, as amended by section economic impact of the proposed rule on ‘‘In complying with sections 603 and 604, an l03 of this title, is amended— small entities, including job loss by small agency shall provide— (1) in paragraph (6), by striking ‘‘and’’ at entities, beyond that already imposed on the ‘‘(1) a quantifiable or numerical descrip- the end; and class of small entities by the agency, or the tion of the effects of the proposed or final (2) by striking paragraphs (7) and (8) and reasons why such an estimate is not avail- rule, including an estimate of the potential inserting the following: able.’’; and for job loss, and alternatives to the proposed ‘‘(7) the term ‘collection of information’ (2) by adding at the end the following: or final rule; or has the meaning given that term in section ‘‘(e) An agency shall notify the Chief Coun- ‘‘(2) a more general descriptive statement 3502(3) of title 44; sel for Advocacy of the Small Business Ad- regarding the potential for job loss and a de- ‘‘(8) the term ‘recordkeeping requirement’ ministration of any draft rules that may tailed statement explaining why quantifica- has the meaning given that term in section have a significant economic impact on a sub- tion under paragraph (1) is not practicable or 3502(13) of title 44; and’’. stantial number of small entities— reliable.’’.

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SEC. l11. ENSURING THAT AGENCIES CONSIDER SA 2521 proposed by Mr. REID (for Ms. ‘‘(iii) are not directly regulated by the SMALL ENTITY IMPACT DURING THE LANDRIEU) to the bill S. 2237, to provide agency as a result of the rule but are other- RULEMAKING PROCESS. a temporary income tax credit for in- wise subject to other agency regulations as a Section 605(b) of title 5, United States result of the rule.’’. Code, is amended— creased payroll and extend bonus de- preciation for an additional year, and SEC. l04. JUDICIAL REVIEW TO ALLOW SMALL (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ENTITIES TO CHALLENGE PRO- (2) by adding at the end the following: for other purposes; which was ordered POSED REGULATIONS. ‘‘(2) If, after publication of the certifi- to lie on the table; as follows: Section 611(a) of title 5, United States cation required under paragraph (1), the head At the end, add the following: Code, is amended— of the agency determines that there will be TITLE ll—FREEDOM FROM RESTRIC- (1) in paragraph (1), by inserting ‘‘603,’’ a significant economic impact on a substan- TIVE EXCESSIVE EXECUTIVE DEMANDS after ‘‘601,’’; tial number of small entities, the agency AND ONEROUS MANDATES (2) in paragraph (2), by inserting ‘‘603,’’ shall comply with the requirements of sec- SEC. l01. SHORT TITLE. after ‘‘601,’’; tion 603 before the publication of the final This title may be cited as the ‘‘Freedom (3) by striking paragraph (3) and inserting rule, by— from Restrictive Excessive Executive De- the following: ‘‘(A) publishing an initial regulatory flexi- mands and Onerous Mandates Act of 2012’’. ‘‘(3) A small entity may seek such review bility analysis for public comment; or during the 1-year period beginning on the SEC. l02. FINDINGS. ‘‘(B) re-proposing the rule with an initial Congress finds the following: date of final agency action, except that— regulatory flexibility analysis. (1) A vibrant and growing small business ‘‘(A) if a provision of law requires that an ‘‘(3) The head of an agency may not make sector is critical to the recovery of the econ- action challenging a final agency action be a certification relating to a rule under this omy of the United States. commenced before the expiration of 1 year, subsection, unless the head of the agency has (2) Regulations designed for application to the lesser period shall apply to an action for determined— large-scale entities have been applied uni- judicial review under this section; and ‘‘(A) the average cost of the rule for small formly to small businesses and other small ‘‘(B) in the case of noncompliance with sec- entities affected or reasonably presumed to entities, sometimes inhibiting the ability of tion 603 or 605(b), a small entity may seek ju- be affected by the rule; small entities to create new jobs. dicial review of agency compliance with such ‘‘(B) the number of small entities affected (3) Uniform Federal regulatory and report- section before the close of the public com- or reasonably presumed to be affected by the ing requirements in many instances have im- ment period.’’; and rule; and posed on small businesses and other small (4) in paragraph (4)— ‘‘(C) the number of affected small entities entities unnecessary and disproportionately (A) in subparagraph (A), by striking ‘‘, for which that cost will be significant. burdensome demands, including legal, ac- and’’ and inserting a semicolon; ‘‘(4) Before publishing a certification and a counting, and consulting costs, thereby (B) in subparagraph (B), by striking the pe- statement providing the factual basis for the threatening the viability of small entities riod and inserting ‘‘; or’’; and certification under paragraph (1), the head of and the ability of small entities to compete (C) by adding at the end the following: an agency shall— and create new jobs in a global marketplace. ‘‘(C) issuing an injunction prohibiting an ‘‘(A) transmit a copy of the certification (4) Since 1980, Federal agencies have been agency from taking any agency action with and statement to the Chief Counsel for Advo- required to recognize and take account of respect to a rulemaking until that agency is cacy of the Small Business Administration; the differences in the scale and resources of in compliance with the requirements of sec- and regulated entities, but in many instances tion 603 or 605.’’. ‘‘(B) consult with the Chief Counsel for Ad- have failed to do so. SEC. l05. PERIODIC REVIEW. vocacy of the Small Business Administration (5) In 2009, there were nearly 70,000 pages in Section 610 of title 5, United States Code, on the accuracy of the certification and the Federal Register, and, according to re- is amended to read as follows: statement.’’. search by the Office of Advocacy of the ‘‘§ 610. Periodic review of rules SEC. l12. ADDITIONAL POWERS OF THE OFFICE Small Business Administration, the annual ‘‘(a)(1) Not later than 180 days after the OF ADVOCACY. cost of Federal regulations totals date of enactment of the Freedom from Re- Section 203 of Public Law 94–305 (15 U.S.C. $1,750,000,000,000. Small firms bear a dis- strictive Excessive Executive Demands and 634c) is amended— proportionate burden, paying approximately Onerous Mandates Act of 2012, each agency (1) in paragraph (5), by striking ‘‘and’’ at 36 percent more per employee than larger shall establish a plan for the periodic review the end; firms in annual regulatory compliance costs. of— (2) in paragraph (6), by striking the period (6) All agencies in the Federal Government ‘‘(A) each rule issued by the agency that at the end and inserting ‘‘; and’’; and should fully consider the costs, including in- the head of the agency determines has a sig- (3) by inserting after paragraph (6) the fol- direct economic impacts and the potential nificant economic impact on a substantial lowing: for job loss, of proposed rules, periodically number of small entities, without regard to ‘‘(7) at the discretion of the Chief Counsel review existing regulations to determine whether the agency performed an analysis for Advocacy, comment on regulatory action their impact on small entities, and repeal under section 604 with respect to the rule; by an agency that affects small businesses, regulations that are unnecessarily duplica- and without regard to whether the agency is re- tive or have outlived their stated purpose. ‘‘(B) any small entity compliance guide re- quired to file a notice of proposed rule- (7) It is the intention of Congress to amend quired to be published by the agency under making under section 553 of title 5, United chapter 6 of title 5, United States Code, to section 212 of the Small Business Regulatory States Code, with respect to the action.’’. ensure that all impacts, including foresee- Enforcement Fairness Act of 1996 (5 U.S.C. SEC. l13. TECHNICAL AND CONFORMING able indirect effects, of proposed and final 601 note). AMENDMENTS. rules are considered by agencies during the ‘‘(2) In reviewing rules and small entity (a) HEADING.—Section 605 of title 5, United rulemaking process and that the agencies as- compliance guides under paragraph (1), the States Code, is amended, in the section head- sess a full range of alternatives that will agency shall determine whether the rules ing, by striking ‘‘Avoidance’’ and all that limit adverse economic consequences, en- and guides should— follows and inserting the following: hance economic benefits, and fully address ‘‘(A) be amended or rescinded, consistent ‘‘Incorporations by reference and certifi- potential job loss. with the stated objectives of applicable stat- cation.’’. SEC. l03. INCLUDING INDIRECT ECONOMIC IM- utes, to minimize any significant adverse (b) TABLE OF SECTIONS.—The table of sec- PACT IN SMALL ENTITY ANALYSES. economic impacts on a substantial number tions for chapter 6 of title 5, United States Section 601 of title 5, United States Code, of small entities (including an estimate of Code, is amended— is amended by adding at the end the fol- any adverse impacts on job creation and em- (1) by striking the item relating to section lowing: ployment by small entities); or 605 and inserting the following: ‘‘(9) the term ‘economic impact’ means, ‘‘(B) continue in effect without change. ‘‘605. Incorporations by reference and certifi- with respect to a proposed or final rule— ‘‘(3) Each agency shall publish the plan es- cations.’’; ‘‘(A) the economic effects on small entities tablished under paragraph (1) in the Federal directly regulated by the rule; and and Register and on the Web site of the agency. ‘‘(B) the reasonably foreseeable economic (2) by striking the item relating to section ‘‘(4) An agency may amend the plan estab- effects of the rule on small entities that— 607 inserting the following: lished under paragraph (1) at any time by ‘‘(i) purchase products or services from, publishing the amendment in the Federal ‘‘607. Quantification requirements.’’. sell products or services to, or otherwise con- Register and on the Web site of the agency. duct business with entities directly regu- ‘‘(b) Each plan established under sub- SA 2550. Ms. SNOWE (for herself and lated by the rule; section (a) shall provide for— Mr. COBURN) submitted an amendment ‘‘(ii) are directly regulated by other gov- ‘‘(1) the review of each rule and small enti- intended to be proposed to amendment ernmental entities as a result of the rule; or ty compliance guide described in subsection

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11260 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 (a)(1) in effect on the date of enactment of ‘‘(1) a brief description of each rule or ‘‘(2) The Chief Counsel for Advocacy shall the Freedom from Restrictive Excessive Ex- guide; designate as agencies that shall be subject to ecutive Demands and Onerous Mandates Act ‘‘(2) for each rule, the reason why the head the requirements of subsection (b) on and of 2012— of the agency determined that the rule has a after the date of the designation— ‘‘(A) not later than 9 years after the date of significant economic impact on a substantial ‘‘(A) 3 agencies for the first year after the publication of the plan in the Federal Reg- number of small entities (without regard to date of enactment of the Freedom from Re- ister; and whether the agency had prepared a final reg- strictive Excessive Executive Demands and ‘‘(B) every 9 years thereafter; and ulatory flexibility analysis for the rule); and Onerous Mandates Act of 2012; ‘‘(2) the review of each rule adopted and ‘‘(3) a request for comments from the pub- ‘‘(B) in addition to the agencies designated small entity compliance guide described in lic, the Chief Counsel for Advocacy of the under subparagraph (A), 3 agencies for the subsection (a)(1) that is published after the Small Business Administration, and the Reg- second year after the date of enactment of date of enactment of the Freedom from Re- ulatory Enforcement Ombudsman con- the Freedom from Restrictive Excessive Ex- strictive Excessive Executive Demands and cerning the enforcement of the rules or pub- ecutive Demands and Onerous Mandates Act Onerous Mandates Act of 2012— lication of the guides. of 2012; and ‘‘(A) not later than 9 years after the publi- ‘‘(f)(1) Not later than 6 months after each ‘‘(C) in addition to the agencies designated cation of the final rule in the Federal Reg- date described in subsection (b)(1), the In- under subparagraphs (A) and (B), 3 agencies ister; and spector General for each agency shall— for the third year after the date of enact- ‘‘(B) every 9 years thereafter. ‘‘(A) determine whether the agency has ment of the Freedom from Restrictive Exces- ‘‘(c) In reviewing rules under the plan re- conducted the review required under sub- sive Executive Demands and Onerous Man- quired under subsection (a), the agency shall section (b) appropriately; and dates Act of 2012. consider— ‘‘(B) notify the head of the agency of— ‘‘(3) The Chief Counsel for Advocacy shall ‘‘(1) the continued need for the rule; ‘‘(i) the results of the determination under designate agencies under paragraph (2) based ‘‘(2) the nature of complaints received by subparagraph (A); and on the economic impact of the rules of the the agency from small entities concerning ‘‘(ii) any issues preventing the Inspector agency on small entities, beginning with the rule; General from determining that the agency agencies with the largest economic impact ‘‘(3) comments by the Regulatory Enforce- has conducted the review under subsection on small entities.’’; and ment Ombudsman and the Chief Counsel for (b) appropriately. (3) in subsection (e)(1), by striking ‘‘the Advocacy of the Small Business Administra- ‘‘(2)(A) Not later than 6 months after the covered agency’’ and inserting ‘‘the agency’’. tion; date on which the head of an agency receives ‘‘(4) the complexity of the rule; (b) TECHNICAL AND CONFORMING AMEND- a notice under paragraph (1)(B) that the MENTS.— ‘‘(5) the extent to which the rule overlaps, agency has not conducted the review under duplicates, or conflicts with other Federal (1) SECTION 603.—Section 603(d) of title 5, subsection (b) appropriately, the agency United States Code, is amended— rules and, unless the head of the agency de- shall address the issues identified in the no- termines it to be infeasible, State and local (A) in paragraph (1), by striking ‘‘a covered tice. agency, as defined in section 609(d)(2)’’ and rules; ‘‘(B) Not later than 30 days after the last ‘‘(6) the contribution of the rule to the cu- inserting ‘‘the Bureau of Consumer Financial day of the 6-month period described in sub- Protection’’; and mulative economic impact of all Federal paragraph (A), the Inspector General for an rules on the class of small entities affected (B) in paragraph (2), by striking ‘‘A cov- agency that receives a notice described in ered agency, as defined in section 609(d)(2),’’ by the rule, unless the head of the agency de- subparagraph (A) shall— termines that such a calculation cannot be and inserting ‘‘The Bureau of Consumer Fi- ‘‘(i) determine whether the agency has ad- nancial Protection’’. made; dressed the issues identified in the notice; ‘‘(7) the length of time since the rule has (2) SECTION 604.—Section 604(a) of title 5, and United States Code, is amended— been evaluated, or the degree to which tech- ‘‘(ii) notify Congress if the Inspector Gen- nology, economic conditions, or other fac- (A) by redesignating the second paragraph eral determines that the agency has not ad- designated as paragraph (6) (relating to cov- tors have changed in the area affected by the dressed the issues identified in the notice; rule; and ered agencies), as added by section and 1100G(c)(3) of Public Law 111–203 (124 Stat. ‘‘(8) the economic impact of the rule, in- ‘‘(C) Not later than 30 days after the date cluding— 2113), as paragraph (7); and on which the Inspector General for an agen- (B) in paragraph (7), as so redesignated— ‘‘(A) the estimated number of small enti- cy transmits a notice under subparagraph ties to which the rule will apply; (i) by striking ‘‘a covered agency, as de- (B)(ii), an amount equal to 1 percent of the fined in section 609(d)(2)’’ and inserting ‘‘the ‘‘(B) the estimated number of small entity amount appropriated for the fiscal year to jobs that will be lost or created due to the Bureau of Consumer Financial Protection’’; the appropriations account of the agency and rule; and that is used to pay salaries shall be re- ‘‘(C) the projected reporting, record- (ii) by striking ‘‘the agency’’ and inserting scinded. ‘‘the Bureau’’. keeping, and other compliance requirements ‘‘(D) Nothing in this paragraph may be of the proposed rule, including— construed to prevent Congress from acting to SEC. l07. EXPANDING THE REGULATORY FLEXI- ‘‘(i) an estimate of the classes of small en- BILITY ACT TO AGENCY GUIDANCE prevent a rescission under subparagraph DOCUMENTS. tities that will be subject to the require- (C).’’. ment; and Section 601(2) of title 5, United States l ‘‘(ii) the type of professional skills nec- SEC. 06. REQUIRING SMALL BUSINESS REVIEW Code, is amended by inserting after ‘‘public PANELS FOR ADDITIONAL AGEN- essary for preparation of the report or CIES. comment’’ the following: ‘‘and any signifi- record. cant guidance document, as defined in the (a) AGENCIES.—Section 609 of title 5, United ‘‘(d)(1) Each agency shall submit an annual States Code, is amended— Office of Management and Budget Final Bul- report regarding the results of the review re- (1) in subsection (b)— letin for Agency Good Guidance Procedures quired under subsection (a) to— (A) in the matter preceding paragraph (1), (72 Fed. Reg. 3432; January 25, 2007)’’. ‘‘(A) Congress; and by striking ‘‘a covered agency’’ and inserting SEC. l08. REQUIRING THE INTERNAL REVENUE ‘‘(B) in the case of an agency that is not an ‘‘an agency designated under subsection (d)’’; SERVICE TO CONSIDER SMALL ENTI- independent regulatory agency (as defined in and TY IMPACT. section 3502(5) of title 44), the Administrator (B) by striking ‘‘a covered agency’’ each (a) IN GENERAL.—Section 603(a) of title 5, of the Office of Information and Regulatory place it appears and inserting ‘‘the agency’’; United States Code, is amended, in the fifth Affairs of the Office of Management and (2) by striking subsection (d) and inserting sentence, by striking ‘‘but only’’ and all that Budget. follows through the period at the end and in- ‘‘(2) Each report required under paragraph the following: serting ‘‘but only to the extent that such in- (1) shall include a description of any rule or ‘‘(d)(1) On and after the date of enactment terpretative rules, or the statutes upon guide with respect to which the agency made of the Freedom from Restrictive Excessive which such rules are based, impose on small a determination of infeasibility under para- Executive Demands and Onerous Mandates graph (5) or (6) of subsection (c), together Act of 2012, the Environmental Protection entities a collection of information require- with a detailed explanation of the reasons Agency, the Bureau of Consumer Financial ment or a recordkeeping requirement.’’. for the determination. Protection, and the Occupational Safety and (b) DEFINITIONS.—Section 601 of title 5, ‘‘(e) Each agency shall publish in the Fed- Health Administration of the Department of United States Code, as amended by section eral Register and on the Web site of the Labor shall be— l03 of this title, is amended— agency a list of the rules and small entity ‘‘(A) agencies designated under this sub- (1) in paragraph (6), by striking ‘‘and’’ at compliance guides to be reviewed under the section; and the end; and plan required under subsection (a) that in- ‘‘(B) subject to the requirements of sub- (2) by striking paragraphs (7) and (8) and cludes— section (b). inserting the following:

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11261 ‘‘(7) the term ‘collection of information’ (2) by adding at the end the following: ‘‘(2) a more general descriptive statement has the meaning given that term in section ‘‘(e) An agency shall notify the Chief Coun- regarding the potential for job loss and a de- 3502(3) of title 44; sel for Advocacy of the Small Business Ad- tailed statement explaining why quantifica- ‘‘(8) the term ‘recordkeeping requirement’ ministration of any draft rules that may tion under paragraph (1) is not practicable or has the meaning given that term in section have a significant economic impact on a sub- reliable.’’. 3502(13) of title 44; and’’. stantial number of small entities— SEC. l11. ENSURING THAT AGENCIES CONSIDER SEC. l09. REPORTING ON ENFORCEMENT AC- ‘‘(1) when the agency submits a draft rule SMALL ENTITY IMPACT DURING THE TIONS RELATING TO SMALL ENTI- to the Office of Information and Regulatory RULEMAKING PROCESS. TIES. Affairs of the Office of Management and Section 605(b) of title 5, United States Section 223 of the Small Business Regu- Budget under Executive Order 12866, if that Code, is amended— latory Enforcement Fairness Act of 1996 (5 order requires the submission; or (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and U.S.C. 601 note) is amended— ‘‘(2) if no submission to the Office of Infor- (2) by adding at the end the following: (1) in subsection (a)— mation and Regulatory Affairs is required— ‘‘(2) If, after publication of the certifi- (A) by striking ‘‘Each agency’’ and insert- ‘‘(A) a reasonable period before publication cation required under paragraph (1), the head ing the following: of the rule by the agency; and of the agency determines that there will be ‘‘(1) ESTABLISHMENT OF POLICY OR PRO- ‘‘(B) in any event, not later than 3 months a significant economic impact on a substan- GRAM.—Each agency’’; and before the date on which the agency pub- tial number of small entities, the agency (B) by adding at the end the following: lishes the rule.’’. shall comply with the requirements of sec- ‘‘(2) REVIEW OF CIVIL PENALTIES.—Not later (b) FINAL REGULATORY FLEXIBILITY ANAL- tion 603 before the publication of the final than 2 years after the date of enactment of YSIS.— rule, by— the Freedom from Restrictive Excessive Ex- (1) IN GENERAL.—Section 604(a) of title 5, ‘‘(A) publishing an initial regulatory flexi- ecutive Demands and Onerous Mandates Act United States Code, is amended— bility analysis for public comment; or of 2012, and every 2 years thereafter, each (A) by inserting ‘‘detailed’’ before ‘‘de- ‘‘(B) re-proposing the rule with an initial agency regulating the activities of small en- scription’’ each place it appears; regulatory flexibility analysis. tities shall review the civil penalties im- (B) in paragraph (2)— ‘‘(3) The head of an agency may not make posed by the agency for violations of a statu- (i) by inserting ‘‘detailed’’ before ‘‘state- a certification relating to a rule under this tory or regulatory requirement by a small ment’’ each place it appears; and subsection, unless the head of the agency has entity to determine whether a reduction or (ii) by inserting ‘‘(or certification of the determined— waiver of the civil penalties is appropriate.’’; proposed rule under section 605(b))’’ after ‘‘(A) the average cost of the rule for small and ‘‘initial regulatory flexibility analysis’’; entities affected or reasonably presumed to (2) in subsection (c)— (C) in paragraph (4), by striking ‘‘an expla- be affected by the rule; (A) by striking ‘‘Agencies shall report’’ and nation’’ and inserting ‘‘a detailed expla- ‘‘(B) the number of small entities affected all that follows through ‘‘the scope’’ and in- nation’’; and or reasonably presumed to be affected by the serting ‘‘Not later than 2 years after the date (D) in paragraph (6) (relating to a descrip- rule; and of enactment of the Freedom from Restric- tion of steps taken to minimize significant ‘‘(C) the number of affected small entities tive Excessive Executive Demands and Oner- economic impact), as added by section 1601 of for which that cost will be significant. ous Mandates Act of 2012, and every 2 years the Small Business Jobs Act of 2010 (Public ‘‘(4) Before publishing a certification and a thereafter, each agency shall submit to the Law 111–240; 124 Stat. 2251), by inserting ‘‘de- statement providing the factual basis for the Committee on Small Business and Entrepre- tailed’’ before ‘‘statement’’. certification under paragraph (1), the head of neurship and the Committee on Homeland an agency shall— Security and Governmental Affairs of the (2) PUBLICATION OF ANALYSIS ON WEB SITE, ETC.—Section 604(b) of title 5, United States ‘‘(A) transmit a copy of the certification Senate and the Committee on Small Busi- and statement to the Chief Counsel for Advo- ness and the Committee on the Judiciary of Code, is amended to read as follows: ‘‘(b) The agency shall— cacy of the Small Business Administration; the House of Representatives a report dis- ‘‘(1) make copies of the final regulatory and cussing the scope’’; and flexibility analysis available to the public, ‘‘(B) consult with the Chief Counsel for Ad- (B) by striking ‘‘and the total amount of including by publishing the entire final regu- vocacy of the Small Business Administration penalty reductions and waivers’’ and insert- latory flexibility analysis on the Web site of on the accuracy of the certification and ing ‘‘the total amount of penalty reductions the agency; and statement.’’. and waivers, and the results of the most re- ‘‘(2) publish in the Federal Register the SEC. l12. ADDITIONAL POWERS OF THE OFFICE cent review under subsection (a)(2)’’. final regulatory flexibility analysis, or a OF ADVOCACY. l SEC. 10. REQUIRING MORE DETAILED SMALL summary of the analysis that includes the Section 203 of Public Law 94–305 (15 U.S.C. ENTITY ANALYSES. telephone number, mailing address, and ad- 634c) is amended— (a) INITIAL REGULATORY FLEXIBILITY ANAL- (1) in paragraph (5), by striking ‘‘and’’ at YSIS.—Section 603 of title 5, United States dress of the Web site where the complete final regulatory flexibility analysis may be the end; Code, is amended— (2) in paragraph (6), by striking the period (1) by striking subsection (b) and inserting obtained.’’. (c) CROSS-REFERENCES TO OTHER ANAL- at the end and inserting ‘‘; and’’; and the following: (3) by inserting after paragraph (6) the fol- ‘‘(b) Each initial regulatory flexibility YSES.—Section 605(a) of title 5, United States lowing: analysis required under this section shall Code, is amended to read as follows: ‘‘(7) at the discretion of the Chief Counsel contain a detailed statement— ‘‘(a) A Federal agency shall be deemed to for Advocacy, comment on regulatory action ‘‘(1) describing the reasons why action by have satisfied a requirement regarding the by an agency that affects small businesses, the agency is being considered; content of a regulatory flexibility agenda or without regard to whether the agency is re- ‘‘(2) describing the objectives of, and legal regulatory flexibility analysis under section quired to file a notice of proposed rule- basis for, the proposed rule; 602, 603, or 604, if the Federal agency provides making under section 553 of title 5, United ‘‘(3) estimating the number and type of in the agenda or regulatory flexibility anal- States Code, with respect to the action.’’. small entities to which the proposed rule ysis a cross-reference to the specific portion will apply; of an agenda or analysis that is required by SEC. l13. TECHNICAL AND CONFORMING AMENDMENTS. ‘‘(4) describing the projected reporting, another law and that satisfies the require- (a) HEADING.—Section 605 of title 5, United recordkeeping, and other compliance re- ment under section 602, 603, or 604.’’. States Code, is amended, in the section head- quirements of the proposed rule, including (d) CERTIFICATIONS.—Section 605(b) of title ing, by striking ‘‘Avoidance’’ and all that an estimate of the classes of small entities 5, United States Code, is amended, in the sec- follows and inserting the following: which will be subject to the requirement and ond sentence, by striking ‘‘statement pro- ‘‘Incorporations by reference and certifi- the type of professional skills necessary for viding the factual’’ and inserting ‘‘detailed cation.’’. preparation of the report and record; statement providing the factual and legal’’. (e) QUANTIFICATION REQUIREMENTS.—Sec- (b) TABLE OF SECTIONS.—The table of sec- ‘‘(5) describing all relevant Federal rules tions for chapter 6 of title 5, United States which may duplicate, overlap, or conflict tion 607 of title 5, United States Code, is amended to read as follows: Code, is amended— with the proposed rule, or the reasons why (1) by striking the item relating to section ‘‘§ 607. Quantification requirements such a description could not be provided; and 605 and inserting the following: ‘‘(6) estimating the additional cumulative ‘‘In complying with sections 603 and 604, an economic impact of the proposed rule on agency shall provide— ‘‘605. Incorporations by reference and certifi- small entities, including job loss by small ‘‘(1) a quantifiable or numerical descrip- cations.’’; entities, beyond that already imposed on the tion of the effects of the proposed or final and class of small entities by the agency, or the rule, including an estimate of the potential (2) by striking the item relating to section reasons why such an estimate is not avail- for job loss, and alternatives to the proposed 607 inserting the following: able.’’; and or final rule; or ‘‘607. Quantification requirements.’’.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0655 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11262 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 SA 2551. Ms. SNOWE (for herself and wise subject to other agency regulations as a (A) weigh 26.73 grams; Mr. COBURN) submitted an amendment result of the rule.’’. (B) have a diameter of 1.500 inches; and intended to be proposed to amendment (C) contain 90 percent silver and 10 percent SA 2553. Mr. REID (for Mrs. GILLI- copper. SA 2521 proposed by Mr. REID (for Ms. BRAND (for herself, Mr. ISAKSON, Mr. (3) HALF-DOLLAR CLAD COINS.—Not more ANDRIEU L ) to the bill S. 2237, to provide CHAMBLISS, and Mr. DURBIN)) proposed than 750,000 half-dollar coins which shall— a temporary income tax credit for in- an amendment to the bill H.R. 2527, to (A) weigh 11.34 grams; creased payroll and extend bonus de- require the Secretary of the Treasury (B) have a diameter of 1.205 inches; and preciation for an additional year, and to mint coins in recognition and cele- (C) be minted to the specifications for half- for other purposes; which was ordered bration of the National Baseball Hall of dollar coins contained in section 5112(b) of to lie on the table; as follows: title 31, United States Code. Fame; as follows: (b) LEGAL TENDER.—The coins minted At the end, add the following: Strike all after the enacting clause and in- under this Act shall be legal tender, as pro- SEC. ll. INCLUDING INDIRECT ECONOMIC IM- sert the following: vided in section 5103 of title 31, United States PACT IN SMALL ENTITY ANALYSES. SECTION 1. SHORT TITLE. Code. Section 601 of title 5, United States Code, This Act may be cited as the ‘‘National (c) NUMISMATIC ITEMS.—For purposes of is amended— Baseball Hall of Fame Commemorative Coin sections 5134 and 5136 of title 31, United (1) in paragraph (6), by striking ‘‘and’’ at Act’’. States Code, all coins minted under this Act the end; SEC. 2. FINDINGS. shall be considered to be numismatic items. (2) in paragraph (7)(B), by striking the pe- The Congress finds the following: (d) SENSE OF CONGRESS.—It is the sense of riod at the end and inserting a semicolon; (1) On June 12, 1939, the National Baseball Congress that, to the extent possible without (3) in paragraph (8)— Hall of Fame and Museum opened in Coop- significantly adding to the purchase price of (A) by striking ‘‘RECORDKEEPING REQUIRE- erstown, New York. Ty Cobb, Walter John- the coins, the $1 coins and $5 coins minted MENT.—The’’ and inserting ‘‘the’’; and son, Christy Mathewson, Babe Ruth, and under this Act should be produced in a fash- (B) by striking the period at the end and Honus Wagner comprised the inaugural class ion similar to the 2009 International Year of inserting ‘‘; and’’; and of inductees. This class set the standard for Astronomy coins issued by Monnaie de Paris, (4) by adding at the end the following: all future inductees. Since 1939, just one per- the French Mint, so that the reverse of the ‘‘(9) the term ‘economic impact’ means, cent of all Major League Baseball players coin is convex to more closely resemble a with respect to a proposed or final rule— have earned induction into the National baseball and the obverse concave, providing ‘‘(A) the economic effects on small entities Baseball Hall of Fame. a more dramatic display of the obverse de- directly regulated by the rule; and (2) The National Baseball Hall of Fame and sign chosen pursuant to section 4(c). ‘‘(B) the reasonably foreseeable economic Museum is dedicated to preserving history, SEC. 4. DESIGN OF COINS. effects of the rule on small entities that— honoring excellence, and connecting genera- (a) IN GENERAL.—The design for the coins ‘‘(i) purchase products or services from, tions through the rich history of our na- minted under this Act shall be— sell products or services to, or otherwise con- tional pastime. Baseball has mirrored our (1) selected by the Secretary after con- duct business with entities directly regu- Nation’s history since the Civil War, and is sultation with— lated by the rule; now an integral part of our Nation’s herit- (A) the National Baseball Hall of Fame; ‘‘(ii) are directly regulated by other gov- age. (B) the Commission of Fine Arts; and ernmental entities as a result of the rule; or (3) The National Baseball Hall of Fame and (2) reviewed by the Citizens Commemora- ‘‘(iii) are not directly regulated by the Museum chronicles the history of our na- tive Coin Advisory Committee. agency as a result of the rule but are other- tional pastime and houses the world’s largest (b) DESIGNATIONS AND INSCRIPTIONS.—On wise subject to other agency regulations as a collection of baseball artifacts, including each coin minted under this Act there shall result of the rule.’’. more than 38,000 three dimensional artifacts, be— 3,000,000 documents, 500,000 photographs, and (1) a designation of the value of the coin; SA 2552. Ms. SNOWE (for herself and 12,000 hours of recorded media. This collec- (2) an inscription of the year ‘‘2014’’; and Mr. COBURN) submitted an amendment tion ensures that baseball history and its (3) inscriptions of the words ‘‘Liberty’’, ‘‘In intended to be proposed to amendment unique connection to American history will God We Trust’’, ‘‘United States of America’’, be preserved and recounted for future gen- and ‘‘E Pluribus Unum’’. SA 2521 proposed by Mr. REID (for Ms. erations. (c) SELECTION AND APPROVAL PROCESS FOR LANDRIEU) to the bill S. 2237, to provide (4) Since its opening in 1939, more than OBVERSE DESIGN.— a temporary income tax credit for in- 14,000,000 baseball fans have visited the Na- (1) IN GENERAL.—The Secretary shall hold a creased payroll and extend bonus de- tional Baseball Hall of Fame and Museum to competition to determine the design of the preciation for an additional year, and learn about the history of our national pas- common obverse of the coins minted under for other purposes; which was ordered time and the game’s connection to the Amer- this Act, with such design being emblematic to lie on the table; as follows: ican experience. of the game of baseball. (5) The National Baseball Hall of Fame and (2) SELECTION AND APPROVAL.—Proposals At the end, add the following: Museum is an educational institution, reach- for the design of coins minted under this Act SEC. ll. INCLUDING INDIRECT ECONOMIC IM- ing 10,000,000 Americans annually. Utilizing may be submitted in accordance with the de- PACT IN SMALL ENTITY ANALYSES. video conference technology, students and sign selection and approval process devel- Section 601 of title 5, United States Code, teachers participate in interactive lessons oped by the Secretary in the sole discretion is amended— led by educators from the National Baseball of the Secretary. The Secretary shall encour- (1) in paragraph (6), by striking ‘‘and’’ at Hall of Fame Museum. These award-winning age 3-dimensional models to be submitted as the end; educational programs draw upon the wonders part of the design proposals. (2) in paragraph (7)(B), by striking the pe- of baseball to reach students in classrooms (3) PROPOSALS.—As part of the competition riod at the end and inserting a semicolon; nationwide. Each educational program uses described in this subsection, the Secretary (3) in paragraph (8)— baseball as a lens for teaching young Ameri- may accept proposals from artists, engravers (A) by striking ‘‘RECORDKEEPING REQUIRE- cans important lessons on an array of topics, of the United States Mint, and members of MENT.—The’’ and inserting ‘‘the’’; and including mathematics, geography, civil the general public. (B) by striking the period at the end and rights, women’s history, economics, indus- (4) COMPENSATION.—The Secretary shall de- inserting ‘‘; and’’; and trial technology, arts, and communication. termine compensation for the winning design (4) by adding at the end the following: SEC. 3. COIN SPECIFICATIONS. under this subsection, which shall be not less ‘‘(9) the term ‘economic impact’ means, (a) DENOMINATIONS.—In recognition and than $5,000. The Secretary shall take into ac- with respect to a proposed or final rule— celebration of the National Baseball Hall of count this compensation amount when deter- ‘‘(A) the economic effects on small entities Fame, the Secretary of the Treasury (here- mining the sale price described in section directly regulated by the rule; and after in this Act referred to as the ‘‘Sec- 6(a). ‘‘(B) the reasonably foreseeable economic retary’’) shall mint and issue the following (d) REVERSE DESIGN.—The design on the effects of the rule on small entities that— coins: common reverse of the coins minted under ‘‘(i) purchase products or services from, (1) $5 GOLD COINS.—Not more than 50,000 $5 this Act shall depict a baseball similar to sell products or services to, or otherwise con- coins, which shall— those used by Major League Baseball. duct business with entities directly regu- (A) weigh 8.359 grams; SEC. 5. ISSUANCE OF COINS. lated by the rule; (B) have diameter of 0.850 inches; and (a) QUALITY OF COINS.—Coins minted under ‘‘(ii) are directly regulated by other gov- (C) contain 90 percent gold and 10 percent this Act shall be issued in uncirculated and ernmental entities as a result of the rule; or alloy. proof qualities. ‘‘(iii) are not directly regulated by the (2) $1 SILVER COINS.—Not more than 400,000 (b) PERIOD FOR ISSUANCE.—The Secretary agency as a result of the rule but are other- $1 coins, which shall— may issue coins minted under this Act only

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 11263 during the 1-year period beginning on Janu- titled ‘‘Budgetary Effects of PAYGO Legisla- mittee on Health, Education, Labor, ary 1, 2014. tion’’ for this Act, submitted for printing in and Pensions be authorized to meet SEC. 6. SALE OF COINS. the Congressional Record by the Chairman of during the session of the Senate to con- (a) SALE PRICE.—The coins issued under the Committee on the Budget of the House of duct a hearing entitled, ‘‘Beyond Se- this Act shall be sold by the Secretary at a Representatives, provided that such state- ment has been submitted prior to the vote on clusion and Restraint: Creating Posi- price equal to the sum of— tive Learning Environments for All (1) the face value of the coins; passage. (2) the surcharge provided in section 7(a) f Students’’ on July 12, 2012, at 10:30 a.m. with respect to such coins; and in room SD–106 of the Dirksen Senate (3) the cost of designing and issuing the AUTHORITY FOR COMMITTEES TO Office Building. coins (including labor, materials, dies, use of MEET The PRESIDING OFFICER. Without machinery, winning design compensation, COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. overhead expenses, marketing, and ship- TRANSPORTATION COMMITTEE ON HOMELAND SECURITY AND ping). Mr. BROWN of Ohio. Mr. President, I GOVERNMENTAL AFFAIRS (b) BULK SALES.—The Secretary shall make bulk sales of the coins issued under ask unanimous consent that the Com- Mr. BROWN of Ohio. Mr. President, I this Act at a reasonable discount. mittee on Commerce, Science, and ask unanimous consent that the Com- (c) PREPAID ORDERS.— Transportation be authorized to meet mittee on Homeland Security and Gov- (1) IN GENERAL.—The Secretary shall ac- during the session of the Senate on ernmental Affairs be authorized to cept prepaid orders for the coins minted July 12, 2012, at 2:30 p.m. in room SR– meet during the session of the Senate under this Act before the issuance of such 253 of the Russell Senate Office Build- on July 12, 2012, at 10 a.m. to conduct coins. ing. a hearing entitled, ‘‘The Future of (2) DISCOUNT.—Sale prices with respect to The Committee will hold a hearing Homeland Security: The Evolution of prepaid orders under paragraph (1) shall be at a reasonable discount. entitled, ‘‘Medication and Performance the Homeland Security Department’s Enhancing Drugs in Horse Racing.’’ Roles and Missions.’’ SEC. 7. SURCHARGES. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (a) IN GENERAL.—All sales of coins minted under this Act shall include a surcharge as objection, it is so ordered. objection, it is so ordered. follows: COMMITTEE ON ENERGY AND NATURAL COMMITTEE ON HOMELAND SECURITY AND (1) A surcharge of $35 per coin for the $5 RESOURCES GOVERNMENTAL AFFAIRS coin. Mr. BROWN of Ohio. Mr. President, I Mr. BROWN of Ohio. Mr. President, I (2) A surcharge of $10 per coin for the $1 ask unanimous consent that the Com- ask unanimous consent that the Com- coin. mittee on Energy and Natural Re- mittee on Homeland Security and Gov- (3) A surcharge of $5 per coin for the half- sources be authorized to meet during dollar coin. ernmental Affairs be authorized to (b) DISTRIBUTION.—Subject to section the session of the Senate on July 12, meet during the session of the Senate 5134(f) of title 31, United States Code, all sur- 2012, at 9:30 a.m. in room 366 of the on July 12, 2012, at 2:30 p.m. charges received by the Secretary from the Dirksen Senate Office Building. The PRESIDING OFFICER. Without sale of coins issued under this Act shall be The PRESIDING OFFICER. Without objection, it is so ordered. promptly paid by the Secretary to the Na- objection, it is so ordered. COMMITTEE ON INDIAN AFFAIRS tional Baseball Hall of Fame to help finance COMMITTEE ON ENVIRONMENT AND PUBLIC Mr. BROWN of Ohio. Mr. President, I its operations. WORKS (c) AUDITS.—The National Baseball Hall of ask unanimous consent that the Com- Fame shall be subject to the audit require- Mr. BROWN of Ohio. Mr. President, I mittee on Indian Affairs be authorized ments of section 5134(f)(2) of title 31, United ask unanimous consent that the Com- to meet during the session of the Sen- States Code, with regard to the amounts re- mittee on Environment and Public ate on July 12, 2012, in room SD–628 of ceived under subsection (b). Works be authorized to meet during the Dirksen Senate Office Building, at (d) LIMITATION.—Notwithstanding sub- the session of the Senate on July 12, 2:15 p.m., to conduct a hearing entitled section (a), no surcharge may be included 2012, at 10:15 a.m. in room SD–406 of the ‘‘Federal Recognition: Political and with respect to the issuance under this Act Dirksen Senate Office Building to con- Legal Relationship between Govern- of any coin during a calendar year if, as of duct a hearing entitled, ‘‘The Latest the time of such issuance, the issuance of ments.’’ such coin would result in the number of com- Science on Lead’s Impacts on Chil- The PRESIDING OFFICER. Without memorative coin programs issued during dren’s Development and Public objection, it is so ordered. such year to exceed the annual commemora- Health.’’ COMMITTEE ON THE JUDICIARY tive coin program issuance limitation under The PRESIDING OFFICER. Without Mr. BROWN of Ohio. Mr. President, I section 5112(m)(1) of title 31, United States objection, it is so ordered. ask unanimous consent that the Com- Code (as in effect on the date of the enact- COMMITTEE ON FOREIGN RELATIONS ment of this Act). The Secretary of the mittee on the Judiciary be authorized Treasury may issue guidance to carry out Mr. BROWN of Ohio. Mr. President, I to meet during the session of the Sen- this subsection. ask unanimous consent that the Com- ate, on July 12, 2012, at 10 a.m., in SD– SEC. 8. FINANCIAL ASSURANCES. mittee on Foreign Relations be author- 226 of the Dirksen Senate Office Build- The Secretary shall take such actions as ized to meet during the session of the ing, to conduct an executive business may be necessary to ensure that— Senate on July 12, 2012, at 9 a.m. to meeting. (1) minting and issuing coins under this hold a hearing entitled, ‘‘Convention The PRESIDING OFFICER. Without Act will not result in any net cost to the on the Rights of Persons with Disabil- objection, it is so ordered. United States Government; and ities (Treaty Doc. 112–7).’’ SELECT COMMITTEE ON INTELLIGENCE (2) no funds, including applicable sur- The PRESIDING OFFICER. Without Mr. BROWN of Ohio. Mr. President, I charges, are disbursed to any recipient des- objection, it is so ordered. ignated in section 7 until the total cost of ask unanimous consent that the Select designing and issuing all of the coins author- COMMITTEE ON FOREIGN RELATIONS Committee on Intelligence be author- ized by this Act (including labor, materials, Mr. BROWN of Ohio. Mr. President, I ized to meet during the session of the dies, use of machinery, winning design com- ask unanimous consent that the Com- Senate on July 12, 2012, at 2:30 p.m. pensation, overhead expenses, marketing, mittee on Foreign Relations be author- The PRESIDING OFFICER. Without and shipping) is recovered by the United ized to meet during the session of the objection, it is so ordered. States Treasury, consistent with sections Senate on July 12, 2012, at 2:15 p.m. f 5112(m) and 5134(f) of title 31, United States The PRESIDING OFFICER. Without Code. objection, it is so ordered. DISTRICT OF COLUMBIA SPECIAL SEC. 9. BUDGET COMPLIANCE. ELECTION REFORM ACT The budgetary effects of this Act, for the COMMITTEE ON HEALTH, EDUCATION, LABOR, purpose of complying with the Statutory AND PENSIONS Mr. REID. Mr. President, I ask unan- Pay-As-You-Go Act of 2010, shall be deter- Mr. BROWN of Ohio. Mr. President, I imous consent that the Senate proceed mined by reference to the latest statement ask unanimous consent that the Com- to consideration of Calendar No. 448.

VerDate Sep 11 2014 14:38 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\TEMP\BR12\S12JY2.001 S12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11264 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 8 July 12, 2012 The PRESIDING OFFICER. The son, Christy Mathewson, Babe Ruth, and the coins, the $1 coins and $5 coins minted clerk will report the bill by title. Honus Wagner comprised the inaugural class under this Act should be produced in a fash- The bill clerk read as follows: of inductees. This class set the standard for ion similar to the 2009 International Year of all future inductees. Since 1939, just one per- Astronomy coins issued by Monnaie de Paris, A bill (H.R. 3902) to amend the District of cent of all Major League Baseball players the French Mint, so that the reverse of the Columbia Home Rule Act to revise the tim- have earned induction into the National coin is convex to more closely resemble a ing of special elections for local office in the Baseball Hall of Fame. baseball and the obverse concave, providing District of Columbia. (2) The National Baseball Hall of Fame and a more dramatic display of the obverse de- There being no objection, the Senate Museum is dedicated to preserving history, sign chosen pursuant to section 4(c). proceeded to consider the bill. honoring excellence, and connecting genera- SEC. 4. DESIGN OF COINS. Mr. REID. I ask unanimous consent tions through the rich history of our na- (a) IN GENERAL.—The design for the coins tional pastime. Baseball has mirrored our minted under this Act shall be— that the bill be read a third time and (1) selected by the Secretary after con- the Senate proceed to passage of the Nation’s history since the Civil War, and is now an integral part of our Nation’s herit- sultation with— bill. age. (A) the National Baseball Hall of Fame; The PRESIDING OFFICER. Without (3) The National Baseball Hall of Fame and (B) the Commission of Fine Arts; and objection, it is so ordered. Museum chronicles the history of our na- (2) reviewed by the Citizens Commemora- The bill (H.R. 3902) was ordered to a tional pastime and houses the world’s largest tive Coin Advisory Committee. third reading and was read the third collection of baseball artifacts, including (b) DESIGNATIONS AND INSCRIPTIONS.—On each coin minted under this Act there shall time. more than 38,000 three dimensional artifacts, 3,000,000 documents, 500,000 photographs, and be— The PRESIDING OFFICER. Is there (1) a designation of the value of the coin; further debate? 12,000 hours of recorded media. This collec- tion ensures that baseball history and its (2) an inscription of the year ‘‘2014’’; and If not, the question is, Shall the bill unique connection to American history will (3) inscriptions of the words ‘‘Liberty’’, ‘‘In pass? be preserved and recounted for future gen- God We Trust’’, ‘‘United States of America’’, The bill (H.R. 3902) was passed. erations. and ‘‘E Pluribus Unum’’. Mr. REID. I ask unanimous consent (4) Since its opening in 1939, more than (c) SELECTION AND APPROVAL PROCESS FOR OBVERSE DESIGN.— that the motion to reconsider be laid 14,000,000 baseball fans have visited the Na- (1) IN GENERAL.—The Secretary shall hold a tional Baseball Hall of Fame and Museum to upon the table, with no intervening ac- competition to determine the design of the learn about the history of our national pas- tion or debate, and any statements re- common obverse of the coins minted under time and the game’s connection to the Amer- lated to the bill be printed in the this Act, with such design being emblematic ican experience. of the game of baseball. RECORD. (5) The National Baseball Hall of Fame and (2) SELECTION AND APPROVAL.—Proposals The PRESIDING OFFICER. Without Museum is an educational institution, reach- for the design of coins minted under this Act objection, it is so ordered. ing 10,000,000 Americans annually. Utilizing may be submitted in accordance with the de- video conference technology, students and f sign selection and approval process devel- teachers participate in interactive lessons oped by the Secretary in the sole discretion NATIONAL BASEBALL HALL OF led by educators from the National Baseball of the Secretary. The Secretary shall encour- Hall of Fame Museum. These award-winning FAME COMMEMORATIVE COIN ACT age 3-dimensional models to be submitted as educational programs draw upon the wonders part of the design proposals. Mr. REID. Mr. President, I ask unan- of baseball to reach students in classrooms (3) PROPOSALS.—As part of the competition imous consent that the Banking Com- nationwide. Each educational program uses described in this subsection, the Secretary mittee be discharged from further con- baseball as a lens for teaching young Ameri- may accept proposals from artists, engravers sideration of H.R. 2527 and the Senate cans important lessons on an array of topics, of the United States Mint, and members of including mathematics, geography, civil proceed to its consideration. the general public. rights, women’s history, economics, indus- The PRESIDING OFFICER. Without (4) COMPENSATION.—The Secretary shall de- trial technology, arts, and communication. objection, it is so ordered. termine compensation for the winning design The clerk will report the bill by title. SEC. 3. COIN SPECIFICATIONS. under this subsection, which shall be not less The bill clerk read as follows: (a) DENOMINATIONS.—In recognition and than $5,000. The Secretary shall take into ac- celebration of the National Baseball Hall of count this compensation amount when deter- A bill (H.R. 2527) to require the Secretary Fame, the Secretary of the Treasury (here- of the Treasury to mint coins in recognition mining the sale price described in section after in this Act referred to as the ‘‘Sec- 6(a). and celebration of the National Baseball Hall retary’’) shall mint and issue the following of Fame. (d) REVERSE DESIGN.—The design on the coins: common reverse of the coins minted under There being no objection, the Senate (1) $5 GOLD COINS.—Not more than 50,000 $5 this Act shall depict a baseball similar to proceeded to consider the bill. coins, which shall— those used by Major League Baseball. Mr. REID. I ask unanimous consent (A) weigh 8.359 grams; SEC. 5. ISSUANCE OF COINS. that a Gillibrand substitute amend- (B) have diameter of 0.850 inches; and (a) QUALITY OF COINS.—Coins minted under (C) contain 90 percent gold and 10 percent this Act shall be issued in uncirculated and ment, which is at the desk, be agreed alloy. to, the bill, as amended, be read a third proof qualities. (2) $1 SILVER COINS.—Not more than 400,000 (b) PERIOD FOR ISSUANCE.—The Secretary time and passed, the motion to recon- $1 coins, which shall— may issue coins minted under this Act only sider be laid upon the table, with no in- (A) weigh 26.73 grams; during the 1-year period beginning on Janu- tervening action or debate, and any (B) have a diameter of 1.500 inches; and ary 1, 2014. statements related to the bill be print- (C) contain 90 percent silver and 10 percent SEC. 6. SALE OF COINS. ed in the RECORD. copper. (a) SALE PRICE.—The coins issued under The PRESIDING OFFICER. Without (3) HALF-DOLLAR CLAD COINS.—Not more this Act shall be sold by the Secretary at a than 750,000 half-dollar coins which shall— objection, it is so ordered. price equal to the sum of— (A) weigh 11.34 grams; (1) the face value of the coins; The amendment (No. 2553) was agreed (B) have a diameter of 1.205 inches; and (2) the surcharge provided in section 7(a) to, as follows: (C) be minted to the specifications for half- with respect to such coins; and (Purpose: In the nature of a substitute) dollar coins contained in section 5112(b) of (3) the cost of designing and issuing the Strike all after the enacting clause and in- title 31, United States Code. coins (including labor, materials, dies, use of sert the following: (b) LEGAL TENDER.—The coins minted machinery, winning design compensation, under this Act shall be legal tender, as pro- overhead expenses, marketing, and ship- SECTION 1. SHORT TITLE. vided in section 5103 of title 31, United States ping). This Act may be cited as the National ‘ Code. (b) BULK SALES.—The Secretary shall Baseball Hall of Fame Commemorative Coin (c) NUMISMATIC ITEMS.—For purposes of make bulk sales of the coins issued under Act’. sections 5134 and 5136 of title 31, United this Act at a reasonable discount. SEC. 2. FINDINGS. States Code, all coins minted under this Act (c) PREPAID ORDERS.— The Congress finds the following: shall be considered to be numismatic items. (1) IN GENERAL.—The Secretary shall ac- (1) On June 12, 1939, the National Baseball (d) SENSE OF CONGRESS.—It is the sense of cept prepaid orders for the coins minted Hall of Fame and Museum opened in Coop- Congress that, to the extent possible without under this Act before the issuance of such erstown, New York. Ty Cobb, Walter John- significantly adding to the purchase price of coins.

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(2) DISCOUNT.—Sale prices with respect to FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF The bill clerk read as follows: CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN prepaid orders under paragraph (1) shall be A bill (H.R. 6079) to repeal the Patient Pro- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF at a reasonable discount. tection and Affordable Care Act and health AMERICA, SEC. 7. SURCHARGES. care-related provisions in the Health Care ROSALYN ADAMS, OF CALIFORNIA (a) IN GENERAL.—All sales of coins minted MIRIAM R. ASNES, OF MASSACHUSETTS and Education Reconciliation Act of 2010. RICHARD A. BAKEWELL, OF VIRGINIA under this Act shall include a surcharge as WILLIAM D. BARRY, OF FLORIDA follows: Mr. REID. I now ask for a second JEN M. BAUER, OF MARYLAND reading, but in order to place the bill LINDA MARIE BLOUNT, OF VIRGINIA (1) A surcharge of $35 per coin for the $5 KELLY HAMILTON BUSBY, OF VIRGINIA coin. on the calendar under the provisions of GINA MARIELA CABRERA-FARRAJ, OF VIRGINIA (2) A surcharge of $10 per coin for the $1 rule XIV, I object to my own request. CHRISTIAN R. CALI, OF VIRGINIA NORMAN LUCZON CAPISTRANO, OF CALIFORNIA coin. The PRESIDING OFFICER. Objec- JANE CARTER, OF CALIFORNIA (3) A surcharge of $5 per coin for the half- tion having been heard, the bill will be CHRISTINA JEANNE CAVALLO, OF VIRGINIA dollar coin. ALAN M. CLARK, OF FLORIDA read for a second time on the next leg- JORDANA MICHELLE COX, OF CALIFORNIA (b) DISTRIBUTION.—Subject to section islative day. SHAYNA COLLEEN CRAM, OF TEXAS 5134(f) of title 31, United States Code, all sur- KELIA EILEEN CUMMINS, OF FLORIDA charges received by the Secretary from the f PETER J. DAVIS, OF VIRGINIA sale of coins issued under this Act shall be CHRISTIAAN EDWARD NICHOLAS DE LUIGI, OF VIRGINIA JASON M. DEROSA, OF MASSACHUSETTS promptly paid by the Secretary to the Na- ORDERS FOR MONDAY, JULY 16, PHILIP M. DIMON, OF GEORGIA tional Baseball Hall of Fame to help finance 2012 LAURA GAVINSKI DJURAGIC, OF PENNSYLVANIA its operations. DAWN MARIE DOWLING, OF VIRGINIA Mr. REID. Mr. President, I ask unan- STEVEN JAMES DUBE´ , OF FLORIDA (c) AUDITS.—The National Baseball Hall of KONSTANTIN DUBROVSKY, OF VIRGINIA Fame shall be subject to the audit require- imous consent that when the Senate JAMES COE ECONOMOU, OF NEW YORK ments of section 5134(f)(2) of title 31, United completes its business today, it ad- STEPHANIE TERESA ESPINAL, OF THE DISTRICT OF CO- LUMBIA States Code, with regard to the amounts re- journ until 2 p.m., Monday, July 16, SPENCER MICHAEL FIELDS, JR., OF VIRGINIA ceived under subsection (b). 2012; that following the prayer and JOHN H. FLETCHER, OF VIRGINIA (d) LIMITATION.—Notwithstanding sub- pledge, the Journal of proceedings be JENNIFER MARIE FOLTZ, OF MICHIGAN section (a), no surcharge may be included GRETCHEN M. FRANKE, OF THE DISTRICT OF COLUMBIA approved to date, the morning hour be RUTH H. GALLANT, OF CALIFORNIA with respect to the issuance under this Act NEIL H. GIBSON, OF VIRGINIA of any coin during a calendar year if, as of deemed expired, and the time for the COURTNEY C. GILLESPIE, OF TEXAS the time of such issuance, the issuance of two leaders be reserved for their use TORREY ANDREW GOAD, OF WASHINGTON BETTINA DANETTE GORCZYNSKI, OF VIRGINIA such coin would result in the number of com- later in the day; at that time that I be SARAH MARIE GOURDE, OF OREGON memorative coin programs issued during recognized; that at 5 p.m. the Senate JASON H. GREEN, OF TENNESSEE such year to exceed the annual commemora- proceed to executive session under the ANN DELONG GREENBERG, OF NEW HAMPSHIRE tive coin program issuance limitation under JAMES RYAN GRIZZLE, OF VIRGINIA previous order. GISCARD G. GUILLOTEAU, OF FLORIDA section 5112(m)(1) of title 31, United States STEPHANIE MARIE HACKENBURG, OF PENNSYLVANIA Code (as in effect on the date of the enact- The PRESIDING OFFICER. Without MAXWELL J. HAMILTON, OF LOUISIANA objection, it is so ordered. GRAHAM B. HARLOW, OF COLORADO ment of this Act). The Secretary of the ROBIN A. HARTSELL, OF ILLINOIS Treasury may issue guidance to carry out f ROBERT B. HAWKINS III, OF CALIFORNIA this subsection. NICHOLAS WILLIAM HELTZEL, OF VIRGINIA EILEEN T. HIGGINS, OF FLORIDA SEC. 8. FINANCIAL ASSURANCES. PROGRAM BRADFORD HOPEWELL, OF VIRGINIA The Secretary shall take such actions as Mr. REID. Mr. President, there will ETHAN ROBERT HYCHE, OF CALIFORNIA may be necessary to ensure that— CHRISTIAAN K. JAMES, OF TEXAS be two rollcall votes on Monday BLAKE A. JOHNSTON, OF COLORADO (1) minting and issuing coins under this C. MELORA JOHNSTON, OF COLORADO Act will not result in any net cost to the evening. Beginning at 5:30, there will TYLER JAMES JOHNSTON, OF FLORIDA United States Government; and be a vote on the McNulty nomination. DAVID MAURICE JONES, OF ILLINOIS SUSAN KOPP KEYACH, OF PENNSYLVANIA (2) no funds, including applicable sur- Following that vote, there will be 10 JONATHAN LOREN KOEHLER, OF ILLINOIS charges, are disbursed to any recipient des- minutes of debate and then we will STEPHANIE KOTECKI-BONHOMME, OF WASHINGTON ignated in section 7 until the total cost of KEITH ROBERT KRAUSE, JR., OF THE DISTRICT OF CO- vote on cloture to S. 3369, the DIS- LUMBIA designing and issuing all of the coins author- CLOSE Act. MARTIN L. LAHM III, OF NEW YORK ized by this Act (including labor, materials, SCOTT JOHN LANG, OF ILLINOIS dies, use of machinery, winning design com- f LISA CHRISTINE LARSON, OF MINNESOTA pensation, overhead expenses, marketing, ELLISON S. LASKOWSKI, OF THE DISTRICT OF COLUMBIA ADJOURNMENT UNTIL MONDAY, JANETTE ELISE LEHOUX, OF UTAH and shipping) is recovered by the United ANDREA K.S. LINDGREN, OF MINNESOTA States Treasury, consistent with sections JULY 16, 2012, AT 2 P.M. SEAN PATRICK LINDSTONE, OF VIRGINIA KENDRICK M. LIU, OF CALIFORNIA 5112(m) and 5134(f) of title 31, United States Mr. REID. Mr. President, if there is CHRISTIE L. LIVINGSTON, OF NEW YORK Code. no further business to come before the MARISA LEIGH MACISAAC, OF MAINE SEC. 9. BUDGET COMPLIANCE. JONATHAN JOSEPH MAGSAYSAY, OF THE DISTRICT OF Senate, I ask unanimous consent that COLUMBIA The budgetary effects of this Act, for the it adjourn under the previous order. BRIAN STEVEN MANNING, OF OKLAHOMA purpose of complying with the Statutory ERIN NICHOLE MARKLEY, OF MISSOURI Pay-As-You-Go Act of 2010, shall be deter- There being no objection, the Senate, NAOMI AMANDA MATTOS, OF VIRGINIA at 5:48 p.m., adjourned until Monday, STACEY L. MAUPIN, OF ILLINOIS mined by reference to the latest statement RUTH J. NEWMAN, OF COLORADO titled ‘‘Budgetary Effects of PAYGO Legisla- July 16, 2012, at 2 p.m. VICTORIA LEIGH NIBARGER, OF KANSAS tion’’ for this Act, submitted for printing in PAUL M. NICHOLS, OF THE DISTRICT OF COLUMBIA f NICHOLAS R. NOVAK, OF WASHINGTON the Congressional Record by the Chairman of ERIN T. O’CONNOR, OF TEXAS the Committee on the Budget of the House of NOMINATIONS ALETA TURNER OKEDIJI, OF THE DISTRICT OF COLUM- Representatives, provided that such state- BIA Executive nominations received by DOUGLAS H. OSTERTAG, OF CALIFORNIA ment has been submitted prior to the vote on JEFFREY L. OTTO, OF NEW YORK passage. the Senate: LISA INGRID OVERMAN, OF FLORIDA THE JUDICIARY MARK SEBASTIAN PALERMO, OF THE DISTRICT OF CO- The amendment was ordered to be LUMBIA engrossed and the bill to be read a MARK A. BARNETT, OF VIRGINIA, TO BE A JUDGE OF JOHN REED PAYNE, OF TEXAS THE UNITED STATES COURT OF INTERNATIONAL TRADE, RICHARD PAYNE—HOLMES, OF VIRGINIA third time. VICE JUDITH M. BARZILAY, RETIRED. KIMBERLY MICHELLE PEREZ, OF TEXAS The bill (H.R. 2527), as amended, was JOSE´ FRANCISCO PEREZ ETRE, OF THE DISTRICT OF CO- DEPARTMENT OF JUSTICE read the third time and passed. LUMBIA ANGELA TAMMY DICKINSON, OF MISSOURI, TO BE ANN PERRELLI, OF MARYLAND f UNITED STATES ATTORNEY FOR THE WESTERN DIS- DAVID CONRAD PETERSON, OF MISSOURI TRICT OF MISSOURI FOR THE TERM OF FOUR YEARS, JAMES D. PLASMAN, OF ILLINOIS MEASURE READ THE FIRST VICE MARY ELIZABETH PHILLIPS, RESIGNED. KATHERINE PARRINDER PLONA, OF MICHIGAN PAMELA ROSS DIEFENDERFER PONTIUS, OF TEXAS TIME—H.R. 6079 FOREIGN SERVICE ERIK S. PUGNER, OF CALIFORNIA MICHAEL JOHN RALLES, OF MINNESOTA Mr. REID. Mr. President, there is a THE FOLLOWING-NAMED PERSONS OF THE DEPART- REBECCA CAROL RAMAN, OF TENNESSEE bill at the desk due for its first read- MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- ERIN BROOK RENNER, OF THE DISTRICT OF COLUMBIA ICE OFFICERS OF THE CLASSES STATED. LUCY AVENT REYNO, OF VIRGINIA ing. FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF JENNIFER A. RIZZOLI, OF TEXAS The PRESIDING OFFICER. The CLASS THREE, CONSULAR OFFICER AND SECRETARY IN BRETT ROSE, OF ARIZONA clerk will read the bill by title for the THE DIPLOMATIC SERVICE OF THE UNITED STATES OF STEPHANIE KYLEEN FAIN SANDOVAL, OF TEXAS AMERICA, ROCCO CHRISTOPHER SANTORO, OF NEW YORK first time. JOELLE-ELIZABETH BEATRICE BASTIEN, OF MARYLAND SHELLEY WALKER SAXEN, OF FLORIDA

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LUKE AARON SCHTELE, OF NEVADA JOHN D. FIELD, OF VIRGINIA ADRIAN PETRISOR, OF ARIZONA CHARLES FREDERICK SETEN, OF ILLINOIS VICTOR MANUEL GARCIA—RIVERA, OF FLORIDA JOSSELIN PHAN, OF THE DISTRICT OF COLUMBIA REBECCA ANN SEWERYN, OF PENNSYLVANIA CARRIE GIARDINO, OF MASSACHUSETTS BRIAN CHRISTOPHER PHELPS, OF NORTH CAROLINA JENNIFER TERESE SIREGAR, OF FLORIDA JOHN R. GIBBS, OF VIRGINIA JENNIFER A. PIERSON, OF TEXAS SARAH F. SKORUPSKI, OF THE DISTRICT OF COLUMBIA SARAH DEVIN GLASSBURNER—MOEN, OF OREGON DENISE M. PONTACOLONI, OF THE DISTRICT OF COLUM- JASON A. SMITH, OF VIRGINIA JOSEPH R. GOCHAL, OF THE DISTRICT OF COLUMBIA BIA SETH A. SNYDER, OF MISSOURI ARON F. GOLD, OF PENNSYLVANIA CASEY K. POST, OF PENNSYLVANIA DOMINIC K. SO, OF CALIFORNIA BARTHOLOMEW GOLDYN, OF VIRGINIA KEVIN JOHN POWERS, OF THE DISTRICT OF COLUMBIA JOHN W. STABLES, OF TEXAS BRENDAN P. GOUGH, OF VIRGINIA STACIE J. PRIDOTKAS, OF VIRGINIA SALLY STERNAL, OF VIRGINIA BRIAN H. GRANDJEAN, OF VIRGINIA TAMARA PRZYLEPA, OF GEORGIA LIAM LYNCH SULLIVAN, OF NEW HAMPSHIRE JOHN GRANOS, OF THE DISTRICT OF COLUMBIA NATHANIEL D. REIN, OF THE DISTRICT OF COLUMBIA GLENN EDWARD TOSTEN II, OF MARYLAND THOMAS WITTEN GRAVES, OF VIRGINIA ROBERT B. REVERE, OF THE DISTRICT OF COLUMBIA JAMES STEPHEN TOWN, OF PENNSYLVANIA CORETTA GREEN, OF VIRGINIA VINCENT CHARLES TRAVERSO, OF CALIFORNIA KATHERINE HALL, OF COLORADO RONALD S. RHINEHART, OF WASHINGTON CHAD M. TWITTY, OF ARIZONA KELLY R. HARRIS, OF VIRGINIA TYRA E. RIVKIN, OF VIRGINIA STEPHEN J. VALEN, OF CALIFORNIA JENNIFER HENGSTENBERG, OF IOWA BRUCE ROBINSON, OF VIRGINIA BEENA MARY VARNAN, OF TEXAS JULIE ELIZABETH HENNINGER, OF THE DISTRICT OF CO- BENJAMIN R. ROODE, OF THE DISTRICT OF COLUMBIA ANDREW M. VEVEIROS, OF MARYLAND LUMBIA ROBERT S. ROSE, OF VIRGINIA KENNAN DANIEL WATT, OF UTAH ELIZABETH W. HERMAN, OF VIRGINIA KERYN ROSS, OF VIRGINIA STEPHEN C. WEEKS, OF FLORIDA CALANDRA HERSRUD, OF NEVADA ROBIN MERCEDES ROTMAN, OF ILLINOIS TRESSA ANNE WEYER, OF FLORIDA TANYA T. HICKS, OF VIRGINIA JOHN ROWOLD, OF FLORIDA TIMOTHY H. WILEY, OF MASSACHUSETTS MATTHEW S. HSIEH, OF VIRGINIA SUJOYA S. ROY, OF NEW YORK JARED M YANCEY, OF VIRGINIA LAUREN N. HUOT, OF FLORIDA CLAIRE E. RUFFING, OF NEW YORK JENNIE YOUNG, OF FLORIDA SURIYA CASSIS JAYANTI, OF CALIFORNIA KATHLEEN MEARA RYAN, OF MASSACHUSETTS KIRA ZAPORSKI, OF WISCONSIN BRITTANY K. JENKINS, OF VIRGINIA ANDREW D. SABO, OF VIRGINIA THE FOLLOWING—NAMED MEMBERS OF THE FOREIGN PETER G. JESCHKE, OF VIRGINIA OSCAR SAENZ, OF TEXAS SERVICE TO BE SECRETARIES OR CONSULAR OFFICERS PRIYA JINDAL, OF OHIO KRISTIN M. SALAZAR, OF NEW MEXICO AND SECRETARIES IN THE DIPLOMATIC SERVICE OF THE KEVIN M. JOHNS, OF VIRGINIA SARA L. SALINAS, OF ARIZONA UNITED STATES OF AMERICA: ALAN J. JOHNSON, OF VIRGINIA MEGAN MARIE SALMON, OF WASHINGTON DANIEL C. JOHNSON, OF TEXAS DIANA SANTOS, OF VIRGINIA DULCE MARIA ACOSTA—LICEA, OF CALIFORNIA HELENA ULRIKA JOYCE, OF CALIFORNIA JOSHUA EDWARD SAXTON, OF VIRGINIA CHARLES M. ADAMS, OF VIRGINIA JON T. KAKASENKO, OF VIRGINIA ROBERT SCHRIER, OF MARYLAND MARK R. ANDERSON, OF VIRGINIA JAMES F. KILDAY, OF VIRGINIA SHANNA SCOTT, OF INDIANA A. JUSTINE AUTRY, OF VIRGINIA SARAH E. KINDIG, OF VIRGINIA CHRISTOPHER J. SENECA, OF VIRGINIA ARI AVIDAR, OF VIRGINIA ALEXANDRA J. KING, OF MARYLAND HENRY NICHOLAS BAKER, JR., OF KENTUCKY GABRIEL D. SHARAF, OF CALIFORNIA ANTHONY C. KING, OF WASHINGTON SHANA SHERRY, OF CALIFORNIA MICHAEL GEORGE BARRERA, OF TEXAS JARED P. KNAB, OF OHIO JASON J. BARTMESS, OF VIRGINIA JOSHUA STEVEN SHRAGER, OF PENNSYLVANIA JOSEPH ROBERT KNUPP, OF PENNSYLVANIA CRAIG SIMONS, OF CALIFORNIA MARIJANA KATALINA BATES, OF FLORIDA BROOKE KREGER, OF VIRGINIA ERIK E. SKAGGS, OF VIRGINIA THOMAS G. BELL, OF WYOMING CAROLYN ANNE KRUMME, OF TEXAS WILLIAM G. SKELTON, OF VIRGINIA BRANT BEYER, OF INDIANA CHANDNI KUMAR, OF MARYLAND AUDREY SUE-JUNE CHAN SLOVER, OF COLORADO SHELLA A. BIALLAS, OF WASHINGTON JENNIFER LANDAU-CARTER, OF OREGON ALEXIS KOTARBA SMALLRIDGE, OF THE DISTRICT OF CO- KEITH M. BIERD, OF VIRGINIA KARL D. LANDSBERG, OF VIRGINIA LUMBIA TIMOTHY DAVID BIRNER, OF VIRGINIA MALLORIE S. LAVALLAIS, OF VIRGINIA PAUL S. BLOOM, OF VIRGINIA ANDREW LEROSE LEAHY, OF OREGON ANDREW C. SNAVELY, OF NORTH CAROLINA SUZANNE D. BOOTH, OF TEXAS EUNA LEE, OF VIRGINIA LAUREN STARRETT, OF THE DISTRICT OF COLUMBIA STEVEN A. BOWEN, OF VIRGINIA JOHN T. LONG, OF VIRGINIA ADAM J. STECKLER, OF NORTH CAROLINA JAMES BOYDEN, OF WASHINGTON KELLI SHANNON LONG, OF NEW YORK JASON B. STEGMAN, OF MARYLAND SAMANTHA L. BRAHAM, OF VIRGINIA KIMBERLY K. MAGEE, OF MARYLAND HELAINA M. STEIN, OF NEW YORK ALLISON BROWNING, OF VIRGINIA AGATA MARIA MALEK, OF NEW MEXICO EMILY M. STOLL, OF VIRGINIA DAVID S. BURNSTEIN, OF KENTUCKY MERIDETH S. MANELLA, OF NEW JERSEY ELIZABETH A. STREETT, OF WASHINGTON PATRICIA A. BURROWS, OF MAINE LYNN ALEXANDRIA MARSHALL, OF MICHIGAN WILLIAM DANIEL STURGEON, OF VIRGINIA DEVIN M. CAHILL, OF ILLINOIS JAMES J. MARTELL, OF VIRGINIA BRUCE W. SULLIVAN, OF NEW JERSEY ROBERT CHAMBERS, OF MARYLAND STEPHEN L. MARTELLI, OF DELAWARE GURU KIRN KAUR SUMLER, OF TEXAS LAP NGUYEN CHANG, OF WASHINGTON LUKE MARTIN, OF CALIFORNIA CAROLE F. SUN, OF THE DISTRICT OF COLUMBIA LISA CHIU, OF VIRGINIA CHARLES S. MATICH, JR., OF THE DISTRICT OF COLUM- STEPHEN M. SUSANN, OF VIRGINIA NICHOLAS W. CHRISTIANSON, OF VIRGINIA BIA RAMONA L. TAN, OF VIRGINIA ROBERT CLARK, OF CALIFORNIA BENJAMIN W. MEDINA, OF VIRGINIA ALINE TASLAKIAN, OF VIRGINIA COLIN D. CLAY, OF FLORIDA LUKE MEINZEN, OF KANSAS JERAD SCOTT TIETZ, OF MARYLAND SCOTT K. CLAYTON, OF OHIO PARINAZ K. MENDEZ, OF FLORIDA BRYAN P. TIKALSKY, OF VIRGINIA ERIN E. CONCORS, OF ARIZONA DEREK MASON MILLS, OF CONNECTICUT JOHN B. TILSTRA, OF MARYLAND ERIN J. COYLE, OF VIRGINIA ROBERT V. MOELLER, OF VIRGINIA TRI TRAN, OF CALIFORNIA THOMAS P. COYNE, OF VIRGINIA ROBYN MOFSOWITZ, OF THE DISTRICT OF COLUMBIA CARL W. TREICHEL, OF VIRGINIA DAVID W. CRONIN, OF VIRGINIA DORIAN MOLINA, OF NEW YORK DAVID WAGNER, OF MASSACHUSETTS LUCAS E. DABNEY, OF OHIO DONNA RENEE MOLINARI, OF THE DISTRICT OF NATHAN D. WALLACE, OF THE DISTRICT OF COLUMBIA MOLLY J. DALESSANDRO, OF WASHINGTON COLUMBIA JONATHAN P. WEDD, OF CALIFORNIA JOHN KEEGAN DE LANCIE, OF CALIFORNIA TRAVIS MUIR, OF THE DISTRICT OF COLUMBIA HEATH H. WHITE, OF VIRGINIA KAITLYN JEAN DEUTSCH, OF VIRGINIA KEITH W. MURPHY, OF THE DISTRICT OF COLUMBIA AZAR SOUGHAY WILLIAMS, OF TENNESSEE DANNY DEVRIES, OF MICHIGAN JEANNE B. NIENHAUS, OF VIRGINIA BRIAN P. WILLIAMS, OF FLORIDA JEREMIAS N. DIRK, OF MICHIGAN BARRY E. NORMAN, OF VIRGINIA KEVIN L. WOMACK, OF THE DISTRICT OF COLUMBIA JEFFREY DOUGLAS, OF VIRGINIA DOUGLAS A. OLIVA, OF VIRGINIA NOAH WOODIWISS, OF MASSACHUSETTS SAMUEL CALLAN DOWNING, OF WASHINGTON MARY L. OLNEY, OF NORTH CAROLINA TODD A. WOODRUFF, OF VIRGINIA ELISE M. EDWARDS, OF THE DISTRICT OF COLUMBIA KATIE ANN OSTERLOH, OF FLORIDA ALAN A. WRIGHT, OF MARYLAND RYAN MCCRAY ELY, OF THE DISTRICT OF COLUMBIA KENDRA E. PACE, OF FLORIDA JOHN YANG, OF VIRGINIA KYLE BROCK ENSLEY, OF OKLAHOMA THOMAS E. PAJUSI, OF NEW JERSEY JENNIFER L. YOUNG, OF VIRGINIA LANCE C. ERICKSON, OF ILLINOIS BENJAMIN PARISI, OF FLORIDA SERGIO ZABALA, OF THE DISTRICT OF COLUMBIA JAMES E. ERMARTH, OF NEW HAMPSHIRE STRADER PAYTON, OF MISSOURI DOUGLAS SOMERVILLE EVANS, OF VIRGINIA VICTOR M. PEREZ, OF FLORIDA SECRETARY IN THE DIPLOMATIC SERVICE OF THE DAVID FARRAR, OF VIRGINIA ANKITA B. PERRY, OF THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA: SHAWN E. FAST, OF VIRGINIA MALCOLM G. PERRY, OF THE DISTRICT OF COLUMBIA KENNETH R. PROPP, OF VIRGINIA

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The House met at 9 a.m. and was Mr. HULTGREN led the Pledge of Al- we represent in upstate New York. called to order by the Speaker pro tem- legiance as follows: These include archer Jake Kaminski pore (Mrs. CAPITO). I pledge allegiance to the Flag of the from Elma; the current number one f United States of America, and to the Repub- ranked women’s pole vaulter, Jenn lic for which it stands, one nation under God, Suhr of Churchville; volleyball player DESIGNATION OF THE SPEAKER indivisible, with liberty and justice for all. Matt Anderson, born in Buffalo; swim- PRO TEMPORE f mer Ryan Lochte, born in Rochester; The SPEAKER pro tempore laid be- and two time U.S. Soccer Female Ath- ANNOUNCEMENT BY THE SPEAKER fore the House the following commu- lete of the Year, Abby Wambach of PRO TEMPORE nication from the Speaker: Rochester. WASHINGTON, DC, The SPEAKER pro tempore. The Throughout their lifetimes of train- July 12, 2012. Chair will entertain up to five requests ing, hard work, and sacrifices, these I hereby appoint the Honorable SHELLEY for 1-minute speeches on each side of athletes embody what it means to be MOORE CAPITO to act as Speaker pro tempore the aisle. an American, and they carry with on this day. them to London the pride of western JOHN A. BOEHNER, f Speaker of the House of Representatives. New York and the entire Nation. MASSIVE DEFENSE CUTS As we wish them and the entire team f (Mr. WITTMAN asked and was given good luck, my wish is that that sense PRAYER permission to address the House for 1 of common purpose that joins all of us The Chaplain, the Reverend Patrick minute and to revise and extend his re- as Americans during that Olympic pe- J. Conroy, offered the following prayer: marks.) riod will join us on this floor of Con- God of the universe, we give You Mr. WITTMAN. Madam Speaker, I gress as we seek to form a more perfect thanks for giving us another day. rise today to express concerns on be- Union. As the Members of this people’s half of my constituents. Paralysis, un- f House deliberate these days, give them certainty—these are the effects of inac- FARM BILL the wisdom and magnanimity to lay tion, inaction on looming, massive de- aside what might divide us as a people fense cuts that will go into effect in (Mr. BERG asked and was given per- to forge a secure future for our coun- January 2013. mission to address the House for 1 try. In America’s First District, many minute and to revise and extend his re- We pray for all people who have spe- small businesses exist to support our marks.) cial needs. May Your presence be military, to innovate and to build sys- Mr. BERG. Madam Speaker, last known to those who are sick, that they tems and resources—resources for our night the House Agriculture Com- might feel the power of Your healing troops that save lives and help them do mittee finished its work on the farm spirit. Be with those who suffer perse- their job on the battlefield. But these bill, late last night, and I applaud cution in so many places in our world, businesses face an uncertain future as Chairman LUCAS and Ranking Member and bless our troops who are engaged the question of looming defense cuts, PETERSON for their work. I rise today in the easing of those sufferings. Give or sequestration, remain unresolved. to call for full consideration of the to all who are afraid or anxious or Do they stop production? Do they lay farm bill before the House. whose minds are clouded by uncertain off workers? Agriculture is the backbone of North futures the peace and confidence that This spring, I voted with the major- Dakota, and North Dakota farmers and come from trust in Your goodness and ity in this House to avoid these mas- ranchers deserve the stability and cer- mercy. sive defense cuts while putting the Na- tainty that a long-term reauthorized Inspire the men and women who tion’s budget on a path to balance. The farm bill would provide. serve in this House to be their best Senate has failed to act. The President With the farm bill passing through selves, that they may in turn be an in- has threatened to veto. committee with bipartisan support, in- spiration to the Nation and to the Our military and those who support cluding strong crop insurance, now is world. it—and the national security of this the time for the full House to act on it. May all that is done here this day be country—demand our attention and re- I urge my colleagues to join with me for Your greater honor and glory. spect. Leaving this issue to the last and work together to get this bipar- Amen. minute is irresponsible. Now is the tisan farm bill passed. time for action. f f f THE JOURNAL HONORING PRISCILLA DEWEY The SPEAKER pro tempore. The WESTERN NEW YORKERS COM- HOUGHTON Chair has examined the Journal of the PETING IN THE OLYMPIC GAMES (Mr. BLUMENAUER asked and was last day’s proceedings and announces (Ms. HOCHUL asked and was given given permission to address the House to the House her approval thereof. permission to address the House for 1 for 1 minute.) Pursuant to clause 1, rule I, the Jour- minute and to revise and extend her re- Mr. BLUMENAUER. Madam Speaker, nal stands approved. marks.) Priscilla Dewey Houghton, beloved wife f Ms. HOCHUL. Madam Speaker, 2 of our dear colleague of 18 years, Amo weeks from tomorrow Olympic athletes Houghton, passed away last Friday. PLEDGE OF ALLEGIANCE from all over this world will parade She was a playwright, a linguist, a The SPEAKER pro tempore. Will the into the stadium in London to offi- poet who, together with Amo, formed a gentleman from Illinois (Mr. cially launch the 2012 Olympics. special type of power couple. Priscilla HULTGREN) come forward and lead the I am so proud to say that five of was intelligent, curious, and gracious. House in the Pledge of Allegiance. them will be western New Yorkers that She was the perfect partner for Amo.

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

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11268 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 While her efforts 40 years ago led her The passage of I-STOP raises aware- what we were doing before the Obama admin- to introduce children and adolescents ness of the growing importance of inte- istration. to joy and creativity in Massachusetts, grating health information technology For young Americans, the choice this here in D.C., with Amo, she fought and electronic medical records into the fall is becoming clearer. We have a against rancor and mean spiritedness field of health care. President who successfully challenged in our Nation’s capital. Madam Speaker, I am hopeful that this Congress to protect the lower stu- Priscilla was the first honorary mem- other States move to implement this dent loan interest rate, and his oppo- ber of the Congressional Bike Caucus. and other electronic medical record nent, who is looking to take $60 billion Cycling was significant to her because technologies. This is a serious problem, in taxpayer funds and give it away to of an early bout with polio that left her and it is our responsibility to act swift- special interests. bedridden for a year. Priscilla was a ly. f very special woman whose battle with adversity never slowed her down or f THE PULSE OF TEXAS: AVA dimmed her spirits. b 0910 (Mr. POE of Texas asked and was Our hearts go out to Amo and her given permission to address the House family and friends gathering for her GETTING SPECIFIC ON HEALTH for 1 minute.) memorial service in Boston this Satur- CARE Mr. POE of Texas. Madam Speaker, day. (Mr. HULTGREN asked and was when I am back in southeast Texas, I f given permission to address the House hear from individuals and businesses for 1 minute.) who are concerned about how LIFE SAFETY EDUCATOR OF THE Mr. HULTGREN. Madam Speaker, ObamaCare will affect them. Ava, a YEAR: MARSHA GIESLER now that the health care law is out of senior from Houston, tells me this: (Mrs. BIGGERT asked and was given the judicial process, it’s back in the I am a senior who is very concerned that I permission to address the House for 1 hands of the legislature. It’s time to will lose the great health care that I am minute and to revise and extend her re- face the real consequences of this law. presently receiving under Medicare. I am marks.) This week, the Ways and Means Com- pleased with my doctors and with my health care plan. At the present, I can afford it, and Mrs. BIGGERT. Madam Speaker, mittee has started examining the tax today I rise to honor Marsha Giesler, I am concerned I will not be able to in the fu- effects. The Oversight Committee is ture if ObamaCare goes completely through an Illinois native and a recipient of the looking at the impact on patients and 2012 National Fire Protection Associa- and that I might not get the care I need for doctors and on the economy. But in re- the health issues I already have. tion’s Fire and Life Safety Educator of ality, we know what to expect. An av- Seniors cannot afford ObamaCare, nor do the Year award. erage American family will see a $1,200 they want it. Living on limited income today Marsha serves as the Downers Grove is hard enough without this new health care Fire Department public information of- increase in health care premiums after this law is fully in effect. More than 1 plan wanting more of my money. Seniors ficer, and in that role she coordinates seem to be taking it on the chin tremen- with emergency service personnel to million Americans are at risk of losing dously on this issue. their plan because their plan was de- provide Downers Grove residents with Madam Speaker, Ava is right: nied a waiver. The Congressional Budg- valuable, lifesaving information and ObamaCare is not good for seniors on et Office has estimated that we will see safety-related materials. She is also as- Medicare. They will pay more for less 800,000 fewer jobs by 2012. The law con- sistant to the chief and a juvenile fire care because of this expensive govern- tains 22 new tax increases. And 9 in 10 interventionist. To help others pro- ment takeover of America’s health. mote safety within their own commu- seniors with retiree benefits will lose And that’s just the way it is. their retiree prescription drug cov- nities, she published a 400-page ref- f erence book, ‘‘Fire and Life Safety Ed- erage through their employers. FOOD SHOULD BE OUT OF THE ucator,’’ the most easily accessible ref- It’s time to get specific with the CONVERSATION erence book of its kind. American people about what this law Madam Speaker, Marsha Giesler’s means for them. (Mr. BUTTERFIELD asked and was more than 20 years of excellent public f given permission to address the House service have demonstrated her commit- for 1 minute.) PROTECTING THE STUDENT LOAN ment to keeping our community safe, Mr. BUTTERFIELD. One of the most INTEREST RATE and I want to commend Marsha for her significant congressional accomplish- leadership, her dedication, and her (Mr. COURTNEY asked and was ments in 1965 was to create a program hard work. given permission to address the House whereby American citizens could have the opportunity for nutritious foods. f for 1 minute.) Mr. COURTNEY. Last Friday, Presi- The SNAP program allows 46 million NEW YORK STATE’S I-STOP LAW dent Obama signed into law a bipar- Americans to avoid being hungry. The (Mr. HIGGINS asked and was given tisan compromise which extended a benefits go to deserving individuals. permission to address the House for 1 lower student interest rate of 3.4 per- Fifteen percent are elderly; 20 percent minute.) cent. Incredibly, the ink was barely dry are disabled. The average gross month- Mr. HIGGINS. Madam Speaker, yes- on that measure when the Romney ly income for a food stamp household is terday New York State’s Eric campaign introduced their higher edu- $731. The average net income is $336. Schneiderman was in western New cation plan, which would take us back Now we see an effort to roll back York to celebrate the passage of New to wasteful taxpayer subsidies to pri- these benefits to these vulnerable pop- York State’s I-STOP law. This law uses vate student loan lenders. ulations. The Ryan House budget calls online databases to connect doctors This is what the conservative Cato for $35 billion in cuts. The Lucas-Peter- and pharmacists helping to combat the Institute said about that proposal: son plan marked up last night calls for tragic prescription drug abuse epi- A meaningless change from a college af- $16 billion. That will result in 3 million demic. fordability standpoint. Obviously, it would Americans losing basic nutrition. I was pleased to join the effort by have an effect for banks, who would be happy Madam Speaker, this proposal will leading a bipartisan State delegation to go back to that. It was a great gig for hurt real people and literally take food letter in support of this law. While them. off of their table. It’s wrong, it’s im- there are many important players in A Romney supporter at the new New moral, and it’s irresponsible to take the passage of this bill, I would like to America Foundation said on this issue: food away from deserving American especially congratulate Senator Tim On this issue, Romney is just ridiculous. citizens to balance a budget that is un- Kennedy, Avi and Julie Israel for their His campaign staff doesn’t have any new balanced because of reckless policies efforts. ideas. So they just said, Let’s go back to that have benefited the rich.

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11269 I urge my colleagues to develop a bal- unnecessary delays cost Americans b 0920 anced approach to deficit reduction, to jobs as we become more and more de- This includes several bills from the include cuts and new revenue. But food pendent on foreign countries for raw Natural Resources Committee to in- should be out of the conversation. ingredients to fuel manufacturing and crease production of our all-of-the- f our economy. The lack of American- above energy resources and to protect produced strategic and critical min- NATIONAL STRATEGIC AND CRIT- our public access to public land. erals are prime examples of how Amer- ICAL MINERALS PRODUCTION H.R. 4402 will enable new American ica has regulated itself into 100 percent ACT OF 2012 mineral production. We must act now dependence on at least 19 unique ele- to cut the government red tape that is GENERAL LEAVE ments. stopping American mineral production Mr. HASTINGS of Washington. Mr. Rare Earth elements, a special subset that furthers our dependence on for- Speaker, I ask unanimous consent that of strategic and critical minerals, are eign minerals. all Members may have 5 legislative often used as core components for the So I urge my colleagues to vote days in which to revise and extend manufacturing of everything from na- ‘‘yes’’ for this underlying legislation; their remarks and include extraneous tional security systems to consumer and with that, I reserve the balance of material on the bill, H.R. 4402. electronics to medical equipment to re- my time. The SPEAKER pro tempore (Mr. POE newable energy components and every- Mr. MARKEY. I yield myself as much of Texas). Is there objection to the re- day household items. Even though time as I may consume. quest of the gentleman from Wash- America has a plentiful supply of rare It is really quite fitting that the Re- ington? Earth elements, our negative approach publican-controlled House of Rep- There was no objection. to producing these crucial materials resentatives is taking up a bill today The SPEAKER pro tempore. Pursu- has resulted in China producing 97 per- to weaken environmental regulations ant to House Resolution 726 and rule cent of the world’s rare Earth ele- for the hard rock mining industry. Be- XVIII, the Chair declares the House in ments. Just like the United States’ de- cause just last night the Republican the Committee of the Whole House on pendence on foreign oil causes pain at candidate for President held a lavish the state of the Union for the consider- the pump, Americans will soon feel the $25,000-a-plate fundraising dinner out ation of the bill, H.R. 4402. impact of China’s monopoly on the rare in Montana. For those who don’t know, The Chair appoints the gentlewoman Earth element market. Those impacts the Daly mansion where that event was from West Virginia (Mrs. CAPITO) to will be felt when they need a CAT scan held was owned by a famous guy, preside over the Committee of the or they want to buy a new computer Marcus Daly, was one of the three Whole. for their small business or purchase an ‘‘copper kings’’ of Montana during the b 0915 iPhone or install solar panels on their Gilded Age. He was infamous for his roof. epic battles with other robber barons IN THE COMMITTEE OF THE WHOLE for control over the copper industry in H.R. 4402, the National Strategic and Accordingly, the House resolved Montana and around the country. itself into the Committee of the Whole Critical Minerals Production Act, in- In fact, the Supreme Court’s recent House on the state of the Union for the troduced by our colleague from Nevada 5–4 decision to invalidate the Montana consideration of the bill (H.R. 4402) to (Mr. AMODEI) will help to end this for- election law of 1912 overturned a law require the Secretary of the Interior eign dependence by streamlining gov- that was originally enacted to respond and the Secretary of Agriculture to ernment red tape that blocks strategic to the very excesses of mining barons more efficiently develop domestic and critical mineral production. First like Marcus Daly. sources of the minerals and mineral and foremost, this is a jobs bill, and So here we are out here on the House materials of strategic and critical im- the positive impact of this bill’s intent floor embracing the Gilded Age. But portance to United States economic will extend beyond the mining indus- here in the Republican House, we are and national security and manufac- try. For every metals mining job cre- not in a Gilded Age; we are in a Give- turing competitiveness, with Mrs. CAP- ated, an estimated 2.2 additional jobs away Age where every week the Repub- ITO in the chair. are generated. And for every nonmetal licans seek to hand even more give- The Clerk read the title of the bill. mining job created, another 1.6 jobs are aways to the oil, the gas, the timber, The CHAIR. Pursuant to the rule, the created. This legislation gives the op- the coal, and the mining industries. bill is considereed read the first time. portunity for American manufacturers, The bill we are considering today is so The gentleman from Washington (Mr. for small business technology compa- broadly drafted where apparently sand, HASTINGS) and the gentleman from nies, and construction firms to use gravel, and crushed stone are consid- Massachusetts (Mr. MARKEY) each will American resources to help make the ered rare and strategic that the major- control 30 minutes. products that are essential for our ev- ity actually appears to be trying to The Chair recognizes the gentleman eryday lives, and in the process this usher in a new stone age. Under this from Washington. will put Americans back to work. bill, the next time you go to the beach, Mr. HASTINGS of Washington. I As China continues to tighten global you should put some sand in your yield myself such time as I may con- supplies of rare Earth elements, we pocket because the majority appar- sume. should respond with an American min- ently believes that it is a rare element. Madam Chair, the United States of eral mining renaissance that will bring That gravel in your driveway is pro- America is rarely last at anything. Un- mining and manufacturing jobs back to tected because, under this bill, it is ap- fortunately, that is not the case when the United States. The National Stra- parently strategic to America’s na- it comes to permitting mining tegic and Critical Minerals Production tional security. projects. In 2012, the U.S. was ranked Act will help supply our national secu- Rare Earth elements are indispen- dead last, along with Papua New Guin- rity, high-tech, health care, agri- sable to a wide range of military, elec- ea, out of 25 major mining companies culture, construction, communica- tronic, and industrial applications, as on the pace of mining permitting. Now tions, and energy industries with well as a variety of clean energy tech- I can’t speak for Papua New Guinea, homemade American materials. This nologies. But this bill isn’t giving us but the reason the U.S. is so slow to bill is the latest example of House Re- just the futuristic technologies of the issue new mining permits is simple: publicans’ commitment to and focus on Jetsons. It’s giving us the prehistoric government bureaucracy. American job creation. The House has technologies of the Flintstones. Vol- Burdensome red tape, duplicative re- passed over 30 job creation bills that umes of reports have been written views, frivolous lawsuits, and onerous still sit in the Senate, where their lead- about rare Earth minerals and other regulations can hold up new mining ers, unfortunately, refuse to take any critical and strategic minerals; and projects for more than a decade. These action. none of them define things like gravel,

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11270 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 sand, and clay as critical or strategic chairman of the Energy and Mineral b 0930 minerals. Resources Subcommittee on the Com- In fact, under the guise of promoting What we could be doing and what we mittee on Natural Resources. the development of minerals critical to should be doing on this House floor is Mr. LAMBORN. I thank the chair- the United States’ national security, developing a policy to break China’s man. this legislation would reshape mining grip on the rare Earth minerals that Madam Chairman, I am pleased to decisions on public lands for almost all are important to our high-technology speak in support of H.R. 4402, the Na- minerals. You heard Mr. MARKEY talk sector and to national defense. But we tional Strategic and Critical Minerals about gravel and sand and other things aren’t doing that with this bill. No, Production Act of 2012, introduced by that can fall under the definition here what we are doing here is using stra- my colleague, Representative AMODEI, of critical minerals. tegic and critical minerals as a pretext of which I am a cosponsor. This bill There’s a list of problems with this for gutting environmental protections was heard in our Energy and Mineral bill that is long, and several of the relating to virtually all mining oper- Resources Subcommittee on April 26. amendments we’ll consider today will ations. Although Americans hear a lot about attempt to address the egregious provi- Now, because the majority has cast our dependence on foreign oil, they sions that would truncate important so many votes to benefit these indus- may not know about our dependence on environmental review. tries that it gets hard to keep track, foreign countries for minerals critical Make no mistake, this is a giveaway. we have created this chart to help ev- to our manufacturing, national de- It is free mining, no royalties, no pro- eryone keep track of which industry is fense, communications, and medical tection of public interest, exemption benefiting each week in the GOP give- care needs. from royalty payments, near exemp- away game show. Yesterday, my col- Over the years, we have allowed friv- tion from environmental regulations, league from Utah seemed extremely in- olous lawsuits and unnecessary regula- near exemption from legal enforcement terested in making sure this chart tions to stifle our domestic production of the protections. And it’s unneces- functioned properly in order to aid the of these vital minerals. Today, the sary. body. So I brought it back today so we United States is nearly 100 percent reli- Madam Chairman, the Natural Re- can give it a spin and make sure we all ant on countries such as China for rare sources Committee has already re- remember who is getting a special Earth elements that are essential to ported out legislation, on a bipartisan giveaway today. But for the Repub- our economy. We should all be troubled basis, to lay the groundwork for devel- lican Congress, this isn’t the game by China’s recent policies restricting oping critical and strategic mineral show ‘‘Wheel of Fortune.’’ This is the exports of these critical minerals. But production. Nearly a year ago, July of Wheel of Fortune 500 Companies where rather than complain about that to the 2011—yes, 12 months ago—the com- we can spin to see which large, multi- World Trade Organization, as the mittee reported out H.R. 2011, on a bi- national companies will get handouts. Obama administration is doing, we partisan basis, the National Strategic In ‘‘Jeopardy,’’ you state your an- should simply support our efforts to and Critical Minerals Policy Act of swer in the form of a question. In the allow production of and access to our 2011, by unanimous consent. That bill GOP House of Giveaways, answers are own vast domestic supplies. would improve our understanding of stated in the form of questionable poli- This bill is a bipartisan plan that critical strategic mineral deposits and cies. And the GOP’s final answer in cuts red tape by streamlining the per- aid in their development. their running game of ‘‘Who Wants to mitting process for mineral develop- That legislation is not only bipar- Be a Millionaire’’ is always the same: ment which will create jobs and help tisan, it’s supported by the National it is the largest corporations in Amer- grow the economy. Under current laws Mining Association, for heaven’s sake. ica at the expense of American tax- and regulations, it could take a devel- The president and CEO of the National payers and the environment. In fact, oper up to 10 years to get all the gov- Mining Association, Hal Quinn, issued the majority is bringing this bill ernment permits in place. This bill a statement when the bill was passed chock-full of giveaways to the mining would shorten that time down to just out of committee, saying, ‘‘The House industry on the floor without address- over 2 years. Natural Resources Committee took im- ing the 140-year-old loophole that al- These minerals are essential compo- portant bipartisan action today to en- lows mining companies to extract gold, nents of technologies in everyday sure U.S. manufacturers, technology silver, uranium, and other hard rock items ranging from cell phones, com- innovators, and our military have a minerals from public lands without puters, medical equipment, renewable more stable supply of minerals vital to paying taxpayers any royalty pay- energy products, high-tech military the products they produce and use.’’ ments. equipment, and building supplies. They He went on to say that legislation This rip-off is even worse when you are vital to our country’s manufac- ‘‘will provide a valuable assessment of see that every western State actually turing sector and our ability to create our current and future mineral de- charges royalties of between 2 and 12 jobs. Every job in metals mining cre- mands and our ability to meet more of percent for companies to mine hard ates an estimated 2.3 additional job. our needs through domestic minerals rock minerals on State lands; but on It’s time for America to get serious production.’’ Federal lands, which might be right about rare Earth and strategic min- Yes, a year ago we reported out a next door, the mining companies don’t erals. We can start by opening up our bill, on a bipartisan basis, that would have to pay taxpayers a dime in royal- $6 trillion worth of untapped mineral do what this legislation purports to do. ties. resources. Instead, we’re taking up this legisla- The robber barons are long gone, but I urge my colleagues to support this tion, which is a giveaway. mining companies can still operate bill. The legislation we could be dealing under a law put in place during their Mr. MARKEY. I yield to the gen- with actually deals with strategic and heyday. Yet the majority’s answer is tleman from New Jersey as much time critical minerals. If the majority were not only to do nothing to end this free as he may consume. to bring it to the floor, I’m sure it mining on public lands. They are try- Mr. HOLT. I thank my friend, the would pass in an overwhelming, bipar- ing to hand even more giveaways to ranking member. tisan way and would likely be passed this industry in this bill. This is a bad Madam Chair, today we’re consid- by the other body and signed into law. bill, and it should be defeated. I reserve ering the so-called National Strategic We should be able to work in this the balance of my time. and Critical Minerals Production Act fashion when it comes to improving Mr. HASTINGS of Washington. of 2012. Now, despite the bill’s title, it our supply of rare earths and other Madam Chairman, I’m very pleased to has almost nothing to do with national strategic minerals and ensuring that yield 2 minutes to the gentleman from strategic and critical minerals produc- we’re not dependent on China and Colorado (Mr. LAMBORN), who is the tion. other nations for their supply, but the

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11271 majority is not interested, evidently, fense, the economy, I think those are a bill that purports to serve our na- in working in a bipartisan fashion. In- strategic and critical things. tional security interests but, in truth, stead, they’re moving this bill, H.R. So I would urge your support on this, just seeks to undermine environmental 4402, which has almost nothing to do to bring some collaboration, truly, in- regulations that protect the health and with strategic minerals and is really stead of making this an administrative well-being of Americans throughout about giveaways to the mining indus- marathon for purposes of permitting. this great country. Mr. MARKEY. I yield 3 minutes to try. This bill is a Trojan horse and has b 0940 no chance of becoming law. the gentleman from Georgia (Mr. JOHN- Why are we playing these games? SON). It’s just another episode in a long Why are, I should say, they playing Mr. JOHNSON of Georgia. Madam saga of misleadingly named Republican these games with our need to develop Chair, the bill we are considering today legislation, bills that claim to help the strategic minerals? We should be work- isn’t about ensuring our supply of country, but really just help the spe- ing in the kind of fashion that led to ‘‘strategic and critical minerals.’’ This cial interests. What a shame. last year’s bill. bill is about deregulating the mining Mr. HASTINGS of Washington. The majority should shelve this give- industry and the pipeline industry. Madam Chairman, I yield myself 30 away to the mining industry and bring It’s misnamed. It should be renamed seconds, and I would yield to the gen- up the other Critical Minerals Policy the Koch Brothers Mining and Pipeline tleman from Georgia, if he can tell me, Act to the floor immediately. Deregulatory Act of 2012. It’s con- in this 11-page bill, where environ- Mr. HASTINGS of Washington. sistent with everything that my col- mental laws are gutted, and I’ll yield Madam Chairman, I am very pleased to leagues on the other side of the aisle to the gentleman if he can give me a yield 2 minutes to the author of this have been about during this 112th Con- specific, what page. legislation, the gentleman from Ne- gress. It’s been about deregulation; it’s I’m asking you a question, and I’ll vada (Mr. AMODEI). been about tax breaks for the wealthy; yield to you if you respond to my ques- Mr. AMODEI. Madam Chair, I’m and it’s been about cutting the ability tion. going to follow on the theme from my of the government to do what it needs Mr. JOHNSON of Georgia. You asked colleague from the Garden State: Why? to do. me a question and I’m going to answer Why an 111⁄2-page bill that does two While they’re cutting the ability of it. things; sets a 30-month—not rock-hard, the Federal agencies to assess the pro- Mr. HASTINGS of Washington. What no pun intended—time limit on Federal priety of these kinds of activities— page? permitting decisions for mines and mining and gas line production—while Mr. JOHNSON of Georgia. The over- says, if you don’t like that decision, they are cutting the ability to do that, all scheme of this bill—— you’ve got to sue in 60 days? they are reducing the time within Mr. HASTINGS of Washington. What Why are you not talking about which the remaining assets of the var- page? what’s the problem with 21⁄2 years to ious agencies have to do the work that Mr. JOHNSON of Georgia. The over- talk about the permit? What’s the they are supposed to do. I’ll tell you, all scheme of this bill is to take problem with providing some predict- it’s important that we assess the envi- away—— ability to the timing of the permitting ronmental impact of various proposals Mr. HASTINGS of Washington. What process? What’s the problem with not on our environment, but my colleagues page? I asked the gentleman—I’m stringing people out under NEPA for on the other side don’t care about the yielding to him to respond to me at over a decade for mine decisions? Why environment. what page. The gentleman cannot re- are we not hearing about that? Almost a year ago, the Natural Re- spond. The giveaway stuff is phenomenally sources Committee produced H.R. 2011, Mr. JOHNSON of Georgia. You’re not entertaining. This does nothing to tax the National Strategic and Critical interested in debate. law. This does nothing to safety law. Minerals Policy Act, a bipartisan bill Mr. HASTINGS of Washington. The This does nothing to supplant NEPA, that actually did address supply vul- gentleman obviously can’t respond. I and this does nothing to supplant any nerabilities for truly strategic and crit- reclaim my time. State fix. This is an 11-plus-page bill ical minerals policy. I was proud to I am very pleased at this point to that says you’ve got 30 months—and by work with Ranking Member MARKEY yield 2 minutes to the gentleman from the way, if you both agree, you can use and Chairman HASTINGS to coauthor Arizona (Mr. GOSAR), a member of the more than 30 months. Now, what’s the that legislation, and it was passed Natural Resources Committee. translation of that? God forbid we have unanimously by their committee. Mr. GOSAR. Madam Chairman, I rise collaboration between an applicant and That bill, H.R. 2011, would have today in support of H.R. 4402. a Federal land use agency in this proc- passed this body with broad bipartisan My home State of Arizona is known ess. support and would probably have for the five Cs: cattle, cotton, citrus, Why are you afraid of collaboration? passed the Senate, too. It could have climate, and, lastly, copper. People Why are you afraid of setting a time been a rare glimpse of actual govern- have been digging in Arizona for pre- limit? And where in the 1969 NEPA ance in this totally politicized Tea cious metals like copper for centuries. law—since we’re talking about old Party House of Representatives. Unfor- In the 1850s, nearly one in every four stuff—does it say this is a marathon, tunately, I understand that bill was ob- people in Arizona were miners. Without and if you can outwait them—forget structed by Republican leadership. I a doubt, mining fueled the growth that about the facts, forget about the wonder why. makes Arizona the State it is today. science, forget about the technology— Could it be the Koch brothers? Today, the Arizona mining industry we’re going to obfuscate and delay and Things go better with Coke. Could it be is alive, but it is not what it used to be. hope that you will go away? Because, because the mining industry instructed A wide array of other critical minerals you know what—my hat’s off—it’s be- them to attack environmental regula- such as copper, coal, uranium, lime, come a great weapon in this. tions instead? Did someone get a phone and potash are mined throughout my But when less than 1 percent of the call from Rush Limbaugh with instruc- district. These projects employ hun- surface area of Federal land in this Na- tions? dreds of my constituents with high- tion is impacted by mining, I think The CHAIR. The time of the gen- paying jobs, jobs that pay over $50,000 what it’s really about is we don’t want tleman has expired. to $60,000 a year plus benefits. In rural any predictability for this because Mr. MARKEY. I yield the gentleman Arizona, those types of jobs are few and we’re basically against an industry. an additional 30 seconds. far between—in fact, they are few and Everybody’s got a definition of ‘‘stra- Mr. JOHNSON of Georgia. Rather far between across this country. tegic.’’ When you talk about transpor- than bringing the bipartisan H.R. 2011, But there is some potential, and tation, medical devices, national de- here we have a wolf in sheep’s clothing, there’s so much more. As you can see

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11272 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 from the graphic, rare Earth and other fected interests, and input from some- We have people here who are willing critical minerals have been discovered body who speaks for the land and some- to scream foul on every single thing throughout rural Arizona and are suit- body who speaks for the trees. when we ask the government to simply able for development. These are min- One of my colleagues a few moments do its job in a little bit more efficient erals our country badly needs to meet ago said mining affects only a tiny, manner. the demands for production of every- tiny fraction of the land. Well, that is, We actually did that in the 2005 En- day items like cell phones, computers, if you ignore everybody who’s down- ergy Policy Act. An amendment placed batteries, and cars. stream and downwind. in the Resources Committee actually So what is the holdup? Section 102 allows deferring and rely- improved the permitting process. It As I travel throughout rural Arizona ing on data from reviews that have had categorical exclusions. It created talking with companies that do busi- been performed not under NEPA stand- pilot offices. ness throughout my State, the message ards. The majority says, well, State re- I just had a chance to visit with the is clear. The length, the complexity, views should suffice. State director of BLM last week. He the uncertainty of the permitting proc- Well, does anybody remember a State said that our processes are so much ess is stymieing the development of called Montana that was controlled by better today because of that bill. and discouraging investors from com- copper interests? Do you think that That’s all we’re trying to do in this bill mitting to U.S. mining. State’s reviews of a copper mining en- here today. If you do not believe this, how about vironmental impact would suffice? H.R. 4402 simply listens to the Presi- a real life example? I will give you an Well, that’s the kind of thing that dent. We were talking about, from the example right out of rural Arizona. would be permitted under this legisla- other side of the aisle, we should re- Down here in Safford, in the south- tion. It would be whether to prepare a name it. Well, why don’t we rename it, eastern part of my district, is the home document, the determination of the We’re Listening to You, Mr. President? of the newest mine in North America. scope of any review, the submission You asked on March 22 that our Fed- It took 13 years for all the necessary and review of any comments from the eral permitting and review processes permitting. Imagine that. Time is public. They could say no public com- must provide a transparent, consistent, money. ments are permitted. I consider that a and predictable path. The President is I was the first cosponsor of H.R. 4402 real abrogation of our responsibility asking for it, and this bill simply gives because the government has to work and, yes, a real removal of environ- it. more efficiently. This legislation mental protection. The reason that we don’t have jobs in streamlines the process and sets bench- Mr. HASTINGS of Washington. I this country is because we’re sending marks while ensuring continued envi- yield myself 30 seconds to respond to them to other countries. Companies ronmental protection. my friend from New Jersey. cannot wait for 10, 12, 15 years. They Let me be clear. Despite what the op- He talked about section 102. Section can’t invest in that permitting process position says, this bill does not exempt 101, which is the basis of all this really, to get to the point of where their proc- the industry from complying with envi- talks about what the President did ess is finished. ronmental regulations. It tackles the with his executive order, by improving The CHAIR. The time of the gen- problems on the government approval performance of Federal permitting and tleman has expired. process. review of infrastructure projects. Now, Mr. HASTINGS of Washington. I Let’s restore some sanity into the we are simply duplicating what the yield the gentleman an additional 30 permitting process. President has already said is okay in seconds. The CHAIR. The time of the gen- other areas. Mr. PEARCE. They can’t invest 10 to tleman has expired. With that, Madam Chairman, I am 12 years in a permitting process to be Mr. HASTINGS of Washington. I very pleased to yield 2 minutes to the told at the end of it, we’re sorry; we’re yield the gentleman an additional 30 gentleman from New Mexico (Mr. not going to do it. We could call this the Let’s Reinvest seconds. PEARCE). Mr. GOSAR. If the current bureau- Mr. PEARCE. Madam Chair, I rise in in American Green Jobs. Green jobs re- cratic gridlock was in place 150 years support of H.R. 4402, the National Stra- quire aluminum; 100 percent of that is ago, I do not believe Arizona could tegic and Critical Minerals Production imported. Green jobs require nickel; 100 exist as it does today. Copper would Act. percent of that is imported. Green jobs not be one of our five founding Cs. It’s nice to hear on the floor who it is require platinum; 91 percent of that is Let’s restore some sanity to the per- that’s speaking for the trees in New imported. Our friends on the other side of the mitting process and get American min- Mexico. We’ve just burned down 300,000 aisle speak from both sides of their ers back to work. Vote ‘‘yes’’ on the acres of those trees in New Mexico be- mouth. We want green jobs, but we National Strategic and Critical Min- cause of the voices coming from Wash- don’t want to have any of the produc- erals Production Act. Our economy de- ington saying don’t cut a single one of tive assets here. We want to import serves and depends on it. them. Let the fuels build up in those Mr. MARKEY. I yield as much time forests until they burn down. them from other countries. Let’s rein- as he may consume to the gentleman All this bill is doing is saying, let’s vest in America. from New Jersey (Mr. HOLT). hold our government accountable to b 0950 Mr. HOLT. I thank the gentleman. some standard of performance. We Mr. MARKEY. Madam Chair, how I just wanted to address the point want our government servants to do much time remains on either side? raised by the committee chair. Where the same work they would do in 10 The CHAIR. The gentleman from in the bill, he asks, are there exemp- years in maybe 30 months. That is not Massachusetts has 121⁄2 minutes re- tions from environmental review? an unreasonable assumption for us in maining. The gentleman from Wash- Well, section 102 is where they are, America, who are looking for the jobs. ington has 15 minutes remaining. right at the front of this bill, page 4, if New Mexico used to be the home to 11 Mr. MARKEY. I yield such time as he he wanted to know the page number. rare Earth mineral mines. Those are may consume to the gentleman from Under section 102, the lead agency can the ones that create cell phone bat- New Jersey (Mr. HOLT). determine whether the NEPA law, the teries, the minerals that create techno- Mr. HOLT. I thank the gentleman for National Environmental Policy Act, logical things. And we now have pushed giving me a chance to clarify further even applies to a particular project. those out of New Mexico and the rest of the point raised by the chairman that The whole idea of the National Envi- the West, and we’ve pushed them over this does not eviscerate environmental ronmental Policy Act is that there to China so that they have the jobs and protections. would be an independent review that we no longer have them in this coun- I talked about section 102, and the involves public input, input from all af- try. chairman came back and said, well,

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11273 section 101 just refers to the Presi- sources. From copper mines in floodgates on corporate spending to in- dential order that allows certain infra- Keweenaw and Houghton to the iron fluence, maybe even to dominate, our structure projects to move ahead with mines in Marquette and the western elections. Because of that decision, expedited environmental review. First parts of the Upper Peninsula, mining American democracy has come to be of all, it is only expedited environ- has been the foundation of northern defined by super PACs and similar or- mental review—it is not with removal Michigan’s economy. Currently, min- ganizations. of environmental review—and that was ing contributes over $4 billion to The amendment I offered would have talking about specific critical con- Michigan’s economy annually and em- helped to restore some sanity and struction projects. ploys over 30,000 people. Today, new transparency to this process by requir- What this would do would allow the mining operations in northern Michi- ing that mining companies disclose exemption, essentially, from environ- gan are being explored. These mines their campaign contributions over the mental review for any of the materials have the potential to create thousands previous 5 years in order to receive new that go into the construction project, of new jobs. In fact, just last week, I leases for public lands. including gravel and sand. All of that visited one of these new mine sites and As Speaker BOEHNER said on ‘‘Meet would be exempt because the mining was able to see firsthand the work that the Press’’ a few years back: companies could negotiate a timetable they are doing to responsibly utilize I think what we ought to do is we ought to for each step of the review process. The Michigan’s vast copper resources. have full disclosure, full disclosure of all of mining companies could enter into a Regrettably, the Federal Government the money that we raise and how it is spent. negotiation for determining whether and Washington bureaucrats have been I think that sunlight is the best disinfectant. there would be public comment or standing in the way of new mines I agree. We should be doing that in whether partial previous reviews would across this country. Due to lawsuits this case as well. Promoting the devel- suffice. and government inefficiency, the cur- opment of minerals that are critical to Furthermore, section 103 directs the rent process of acquiring permits for a core national priorities and that are agency overseeing this project to new mining project can take more than genuinely susceptible to supply disrup- prioritize, to give the highest priority, a decade. That’s right, a decade. While tion, like rare Earth elements, should to maximizing the production of the our economy is struggling, we can not be an area where Democrats and Re- mineral resource. In other words, that afford to wait 10 years while the Fed- publicans can work together, not one relegates any review, any challenge to eral Government sits on its hands. We where special interests advance one the regulatory process, to secondary, need to encourage the responsible use partisan interest over another. Unfor- tertiary or nonexistent status. It says of our mineral resources to create jobs tunately, the majority’s hurry to give maximizing production has the highest and keep America competitive with the yet another handout to the mining in- priority. This is a giveaway to mining rest of the world. dustry means that we are not having companies. This is not about providing Madam Chair, I encourage all Mem- that debate here today. strategic and critical minerals. bers to support this commonsense leg- Mr. HASTINGS of Washington. The other side has talked at length islation to speed up this process and Madam Chairman, I am very pleased to about the importance of these minerals create jobs. If we can get the Federal yield 2 minutes to the gentleman from to our modern technology today for Government out of the way, I am con- Oregon (Mr. WALDEN). batteries and cars and magnets and all fident areas like northern Michigan Mr. WALDEN. Mr. Chairman, thank sorts of other things. They’re right, we can flourish once again. you for the time. should be ensuring a good supply of Mr. MARKEY. I yield such time as he I stand here today in support of the these things; but this bill does not do may consume to the gentleman from bill of my friend and colleague, MARK it. New Jersey (Mr. HOLT). AMODEI. Mr. HASTINGS of Washington. Be- Mr. HOLT. Madam Chair, I have used I think it’s really important that we fore I yield to the gentleman from the phrase ‘‘giveaway,’’ as have others use America’s resources responsibly to Michigan, I yield myself 30 seconds. today several times. The ranking mem- grow jobs in this country. We need The gentleman from New Jersey dis- ber spoke about the wheel of give- American jobs using American re- paraged, I guess, sand and gravel. aways. One day, it’s oil. Another day, sources and not relying on foreign im- Madam Chairman, I would point out to it’s timber. Today, it’s mining. There ports and driving our jobs offshore. you that I think, after the earthquakes is also a lot of concern about the spe- This is especially important when it in northern California, when roads col- cial interests that are represented here comes to our mineral resources. We’ve lapsed, and after the earthquakes in by this. heard all the rhetoric on the other side southern California, when the roads I offered an amendment to this bill to of the aisle, all that stuff. Let me just collapsed, and when the bridge col- ensure that the companies involved, talk to you about the eastern Oregon lapsed in Minnesota, I have to believe the mining companies, could not con- miners. that those people felt that sand and tinue to extract valuable minerals for They are individual men and women. gravel were very critical minerals at free, minerals that belong to the Amer- They are very blue collar. They are not that time. That’s why this bill is broad ican people, without accountability for part of the wealthy class you hear in its definition of ‘‘critical minerals.’’ their expenditures to obtain political talked about here. They’ve just been With that, I am very pleased to yield influence. My amendment, which un- trying to work with this Federal Gov- 2 minutes to a member of the Natural fortunately was not allowed by the ernment for over a decade to be able to Resources Committee, the gentleman Rules Committee, would have simply use the mining claims that they have. from Michigan (Mr. BENISHEK). required that mineral exploration and Back in 2001 and 2004, the Forest Serv- Mr. BENISHEK. Thank you, Mr. mining companies disclose their con- ice grouped together 49 mining plans of Chairman. tributions for political influence over operations for analysis and approval. I come to the floor today to express the previous 5 years in order to obtain Then in 2005, the Forest Service deci- my support for H.R. 4402, the National new leases—perfectly legal and, I would sion to approve the plans was then liti- Strategic and Critical Minerals Pro- say, perfectly reasonable. gated, and it resulted in the require- duction Act. This bill will expedite re- The Supreme Court decision in Citi- ment that the Agency reduce some of sponsible mineral production in the zens United ruled that corporations its analysis. United States by reducing Federal red may spend freely in elections, which I tape and by speeding up the Federal believe constituted a blow to popular b 1000 permitting process to create new min- democracy. It overturned a century-old Today, 11 years later, the Federal ing jobs. doctrine going back to Teddy Roo- Government still can’t get their work My northern Michigan district is sevelt restricting corporate money in done. This is in an area that at one blessed with abundant mineral re- campaigns. The flawed decision opened time in our history produced some of

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11274 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 the most substantial gold, silver, and killed our supply and allowed other Na- the important exploratory permits to minerals that we need in the United tions to control our future. keep them operating have been delayed States. In my district, there is a magnet for years and was recently delayed for When we pull out all our little elec- manufacturing plant that creates high- an additional year without much expla- tronic gadgets—you know what?—if it tech magnets dependent on rare Earth nation. weren’t for the mining interests in minerals. Last year, they were able to This bill is important. It’s important America, you wouldn’t have those purchase a certain rare Earth mineral to bringing jobs to America, bringing gadgets, because that’s what goes into for $4 a pound. Now, with China as the job certainty to Ferry County and what we use. We need to be able to use only supplier, that is now $55 per eastern Washington. America’s resources. This allows us to pound. That drives up the cost of ev- Right now, many foreign countries do it. erything that we use those high-tech are requiring companies that buy raw The 42 mining operations in Baker magnets for, and it’s very difficult on materials from them to produce the County, if they were allowed to work— the manufacturing industry. products those minerals are a part of in and these are just average Americans We have allowed China to have the that foreign country. If you are con- just trying to do what they’re allowed monopoly. We should have the ability cerned about American infrastructure, to do under Federal law but held up be- to produce our own materials here. if you are concerned about American cause of the Federal agency’s inability You cannot turn on your car, your manufacturing, if you are concerned to get their work done or unwillingness lights, your computer without China about American energy independence, to in the North Fork and the Burnt sending us the materials to do it. When American mining, or American jobs, I River and elsewhere. If they could just we are fighting to get control of our urge you to support H.R. 4402. move forward, if they could just get an energy future, we must not forget that Mr. MARKEY. Madam Chair, I yield answer out of the Federal Government it doesn’t matter if we have our own myself such time as I may consume. This legislation is fundamentally a in something short of 10 or 11 years, energy future if we can’t even turn on solution in search of a problem. Ac- they could be producing jobs. They what we plug in because we don’t have cording to the analysis of data pro- could be producing mineral resources the rare Earth minerals to produce it. vided by the BLM for hard rock mines and wealth for this country, the United We have a manufacturing future if we on public lands for which we have com- States of America. We can create jobs actually manufacture, and that means plete data, the average time it takes to rare Earth minerals now in this mod- here using our mineral resources. approve a plan of operation for a mine Some of these people have died wait- ern economy. Jobs like mining, geolo- has actually decreased under the ing. You shouldn’t have to die waiting gists, engineers, truck drivers, manu- Obama administration. for your Federal Government to get its facturing, service industry, yes, even According to the BLM data, plans of work done. That’s why we need this government regulators are all depend- operation for hard rock mines are bill. ent on us getting moving on producing being approved roughly 17 percent Mr. MARKEY. I ask once again how our own stuff. more quickly under the Obama admin- much time is remaining. Right now, as the price goes up, it’s istration than under the Bush adminis- The CHAIR. The gentleman from time for us to bring the price down tration. Thank you again, President Massachusetts has 7 minutes remain- with more mining. Obama, for the great job you’re doing ing, and the gentleman from Wash- Mr. MARKEY. Madam Chair, I con- in changing the way in which the Bush 1 ington has 10 ⁄2 minutes remaining. tinue to reserve the balance of my administration held up those permits. Mr. MARKEY. At this point, Madam time. Despite the majority’s claims, 82 per- Chair, I reserve the balance of my Mr. HASTINGS of Washington. cent of plans of operation for hard rock time. Madam Chairman, I’m very pleased to mines are approved within 3 years Mr. HASTINGS of Washington. yield 2 minutes to my colleague from under the Obama administration. Ac- Madam Chairman, I’m very pleased to the great State of Washington (Mrs. cording to the BLM, it takes, on aver- yield 2 minutes to the gentleman from MCMORRIS RODGERS). age, 4 years to approve a mining plan Oklahoma (Mr. LANKFORD). Mrs. MCMORRIS RODGERS. I thank of operations for a large mine. That’s Mr. LANKFORD. Madam Chair, I’m the chairman from the great State of more than 1,000 acres on public lands. honored to rise in support of H.R. 4402, Washington for yielding, and I rise in My colleagues on the other side have with my colleague MARK AMODEI, and strong support of Mr. AMODEI’s impor- asked repeatedly what the problem is to support this. tant legislation, the National Strategic with their legislation that would trun- This is about setting a definitive and Critical Minerals Production Act, cate and eviscerate proper review of all timeline for permits, which creates because if we want to build it in Amer- mines on public lands if the majority of certainty and encourages private in- ica, then we need to be able to mine it plans are approved within 3 years. It is vestment. This is not about govern- in America. because a little more than 15 percent of ment investment; this is about private This legislation is important in iden- hard rock mines take more than 4 investment. This is not about taxpayer tifying and promoting strategic and years to approve. For these mines, dollars, but taxpayers. This is about critical minerals here in America. It where mining companies may not have jobs and the American economy. will make us more competitive by ad- submitted a complete application and Everything from your automobile to dressing permitting delays, improving may not have posted a sufficient bond your iPhone requires rare Earth min- the NEPA process, and revitalizing our to ensure the mine is cleaned up where erals. Every solar panel, every wind domestic critical minerals supply additional environmental review is re- turbine, every electric battery for chain. quired because the mine is large or po- every car, every fluorescent light bulb, Madam Chairman, it takes longer to tentially damaging to our environment your UV glass, audio speakers, fiber op- receive a mining development permit and public health, this bill would pre- tics, precision guide munitions, metal in the United States than in any of the vent proper review. alloys, magnets, and a whole lot more other 25 mining nations in the world. We’re already approving hard rock all require rare Earth minerals. The average waiting period for a per- mines more quickly under the Obama We need to understand that China mit is 7 to 10 years, and in many exam- administration than under the Bush now controls the international market ples, it’s much longer. We can improve administration. We should not be evis- of rare Earth minerals, not because this process without changing our envi- cerating proper review of virtually all they have beaten us in the market, but ronmental standards. mining operations on public lands, as because we have beaten us. We have The Kettle River-Buckhorn mine in this Republican bill would do, and we the resources, but we simply made the eastern Washington that employs over should certainly not be doing it under permitting process so long, com- 400 people in Ferry County knows this the pretense of developing critical and plicated, and unpredictable that we’ve all too well. The EIS schedule and now strategic minerals.

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11275 With that, I reserve the balance of Mr. HASTINGS of Washington. I crocodile tears very concerned about my time. yield 1 minute again to the author of China having all of these precious met- Mr. HASTINGS of Washington. this legislation, the gentleman from als that they won’t sell to us. Madam Chairman, I’m very pleased to Nevada (Mr. AMODEI). Well, you want to know the best way yield 2 minutes to the gentleman from Mr. AMODEI. Madam Chair, I would to get China to sell that stuff to us? Wisconsin (Mr. DUFFY). just briefly indicate—and I want to For us not to sell the stuff we have to Mr. DUFFY. I appreciate the gen- thank you for finally looking at sec- them, that they need to manufacture tleman for yielding. tion 102 and talking about the bill. I those materials. That’s the game. We’re here talking about H.R. 4402 appreciate that. It’s a great day in my So you can’t have it both ways. You that’s going to minimize the permit- young career that that has happened. just can’t have it both ways. Either ting process and the delays and stream- Let’s look at what section 102 does this is a great threat to our country line bureaucracy around mining. that is so insidious for the wheel of and we’re going to use the precious I want to be clear that there is no giveaways, which by the way we want metals we have, the precious minerals conversation in this House that is say- to borrow and paste over it. Instead of that we have, oil and gas as our weapon ing we should do away with the permit- what you’ve got, how about the wheel against China, or we’re doomed. We ting process or we should do away with of takeaways? Takeaways from na- don’t have a real strategy. the bureaucracy. We’re here to say, tional defense, takeaways from com- Again, this is not a coherent strategy Let’s streamline it. Let’s make it easi- munications, takeaways from national to deal with the country of China and er. Let’s make sure that we don’t have infrastructure, takeaways from bal- their economic strategy to undermine the bureaucracy and the permitting ance of trade; oh, and let’s talk about our competitiveness. process stand in the way of good takeaways from living-wage jobs with- I reserve the balance of my time. Mr. HASTINGS of Washington. projects and good paying jobs. out standing benefits, some of which Madam Chair, I would just advise my In my home district in the northwest are, in fact, union jobs. So the wheel of friend that I am prepared to close if the corner of Wisconsin, we had a similar takeaways we won’t bore you with, but gentleman from Massachusetts is pre- issue come up that we dealt with in our that wheel can go both ways. Section 102, interestingly enough, if pared to close. State. Mr. MARKEY. I am prepared to you like this, this is a bad thing. It re- b 1010 close. quires best practices, Madam Chair, for We have a great vein of iron ore up in The CHAIR. The gentleman from things like considering State agency Massachusetts has 3 minutes remain- Iron County and Ashland County. It’s a reports that have jurisdiction over the vein that, if mined, would create 600 to ing. issue. That’s a pretty frivolous Mr. MARKEY. I thank the Chair. 700 new, good-paying jobs in the north- takeaway. It already exists. China’s rare Earth policies do burn ern part of Wisconsin, jobs that pay Or how about considering best prac- America’s high-tech manufacturing anywhere from $60,000 to $80,000 a year. tices for conducting reviews concur- competitiveness, and the Republicans Many of those jobs would be union rently? Oh, my God, the Republicans just want to throw gas on the fire, jobs. are giving something away, conducting American natural gas. What we try to do in the State of reviews concurrently. Oh, my goodness. Our greatest competitive advantage Wisconsin is say let’s streamline the How about expediting rather than de- in manufacturing right now is low- permitting process so those who want laying the process? priced domestic natural gas, but the to invest in that mine can get an an- Mr. MARKEY. I yield myself 1 Republicans want to export that com- swer in a reasonable amount of time. minute. petitive edge to China and to develop a And if we go through a permitting Again, this bill is not aimed at ensur- global natural gas market so that the process—any of us who live in northern ing that we can guarantee that we in- United States natural gas prices triple Wisconsin who would have found infor- crease the production of the kinds of here domestically, or quadruple to mation that would say that this mine rare Earth that we need in order to match the prices the rest of the world would damage Lake Superior, which all compete against China. By the way, if pays. of us love, we live up there because we we’re really going to be using China as China will not send their rare Earth love the outdoors, we love the lake—if the guise for the reduction in the envi- minerals to the United States, but Re- it was going to damage the lake, we ronmental laws in the United States publicans have continually voted to would all stand opposed to the mine. because they have rare Earth, and allow exports of our low-cost natural If you can do it in a safe manner and we’re ramping up our production of gas, our manufacturing advantage, to if you can get a permit in a reasonable rare Earth, what we should really be China. amount of time, why are we saying no talking about is why in the world are This is a one-way ticket to manufac- to good-paying jobs? This is an area the Republicans supporting the sale of turing oblivion. Natural gas in our that has an unemployment rate of over our oil and our natural gas to China. country is six to seven times less ex- 10 percent. They need good-paying jobs, If they’re using precious minerals as pensive than natural gas in China. It is and we have the permitting process an economic weapon against the four times less expensive than natural standing in the way of these people United States, then why don’t we use gas in Europe. That is our competitive going back to work. natural gas and oil, which we have, advantage. We see more and more rules and reg- against them because that’s the most What the Republicans have consist- ulations that stand in the way of job precious of all minerals. ently done since they have taken over growth. That’s wrong. The CHAIR. The time of the gen- the majority is to put in place policies Let’s stand together, let’s streamline tleman has expired. to export our natural gas that is six this process, make sure that we’re en- Mr. MARKEY. I yield myself an addi- times less expensive to China that will vironmentally safe and we’re also cre- tional 1 minute. then be used in the manufacture of ating jobs. Oil and gas really drive the economy every product that they will then sell Mr. MARKEY. I continue to reserve of the world, and every time I bring an back to us, undermining every manu- the balance of my time. amendment out here on the floor that facturing industry in the United States Mr. HASTINGS of Washington. says, well, let’s drill for oil and natural as we supply the very valuable precious Madam Chair, may I inquire as to how gas on the public lands of the United natural gas they need in order to harm much time remains on both sides. States, but we can’t export it after we dramatically the American economy. The CHAIR. The gentleman from discover it here, drill for it here, to Where do they show up? They show Washington has 41⁄2 minutes remaining, China, the Republicans, every time, up here with crocodile tears about the and the gentleman from Massachusetts vote not to put a ban on that. At the restrictions that the National Environ- has 5 minutes remaining. same time, they are over there with mental Policy Act places upon mining

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11276 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 for sand, mining for gold, mining for minerals that American manufacturers for rare earth materials are dominated by silver. You really think that’s the way need and that millions of jobs depend commercial end-uses, and the defense indus- we’re going to get back into a better on in Ohio, Michigan, and Pennsyl- trial base represents a small fraction of over- competitive stance against the Chinese vania. all U.S. consumption. The seven rare earth elements in the preceding table are those as you’re saying no, let’s sell our nat- So President Obama can give speech which are the most prevalent among defense ural gas that’s six times less expensive after speech claiming support for consumption for the purposes of procure- than the natural gas they have in insourcing jobs, but when he should ment. The assessment determined that by America fueling their industries? take action to make that happen, the 2013 U.S. production could satisfy the level of That’s just an upside-down policy. Obama administration essentially goes consumption required to meet defense pro- It’s just dealing with the periphery of the other way, as he has done with this curement needs, with the exception of yt- the challenge that China presents to bill. trium (estimates based on model using 2010 us, and not even in an effective way, Once again, Madam Chairman, this data). Since 2010, both expected DoD demand, and, more significantly, actual U.S. commer- rather than going right to the core of bill simply says that in a given time cial demand have decreased significantly. As how they are exploiting this mindless period there should be a decision made. importantly, the U.S. and global market has commitment to not the American Pe- It doesn’t say it should be a positive or responded to market conditions with new in- troleum Institute, but we might as well negative, but that a decision should be vestments, corporate restructuring, and call it the world petroleum institute made. That’s all. And when we’re deal- technical advances. All are trending positive because they don’t represent American ing with materials that are so impor- for a market capable of meeting future U.S. interests. tant to our economy and to American Government demand. It is anticipated the That’s what we have to do here on jobs, we should be very much in favor domestic supply of REEs and rare-earth-con- taining products will continue to grow be- the floor of the House of Representa- of this legislation. tween now and 2015, and it will be possible tives. That’s what our amendments do For that reason, Madam Chairman, I for manufacturers within the defense indus- today to make sure that we do for our urge my colleagues to vote for H.R. trial base to obtain some rare-earth-con- country. 4402, and I yield back the balance of my taining products from reliable foreign I yield back the balance of my time. time. sources of supply. Despite the many positive Mr. HASTINGS of Washington. May I ASSESSMENT OF RARE EARTH MATERIALS developments that indicate an increasingly inquire as to how much time I have re- SUPPLY CHAIN diverse and robust domestic and global sup- ply chain for rare earth materials, the De- maining. A. INTRODUCTION partment will continue to monitor these sup- The CHAIR. The gentleman from This report is prepared pursuant to section ply chains and take actions as indicated in 1 Washington has 3 ⁄2 minutes remaining. 843 the Ike Skelton National Defense Au- the following sections. Mr. HASTINGS of Washington. I thorization Act for Fiscal Year 2011 (Public G. DOD’S RECOMMENDED PLANS TO ASSURE Law 111–383) and Senate Report 111–201, ac- yield myself the balance of my time. SUPPLIES OF RARE EARTH MATERIALS companying S. 3454, page 174. The Act re- First of all, for the record, Madam The DoD plan for ensuring the long-term Chair, natural gas is not affected at all quires the Secretary of Defense to submit a report to Congress on the supply and demand availability of rare earth materials applies a by this bill. for rare earth materials in defense applica- multi-pronged approach. The following op- Madam Chair, I will submit for the tions and Senate Report 111–201 requests dis- tions could be used in conjunction with ex- RECORD excerpts from the March 2012 cussion of national security issues related to isting DoD Defense Production Act Title I Report to Congress by the Department rare earth materials in the defense supply authorities (e.g., priority claim on U.S. sup- of Defense on the rare Earth materials chain. plies and foreign supplies that are imported into the United States): in defense applications on national se- C. CONGRESSIONALLY MANDATED ASSESSMENT DoD will engage in continuous, rigorous CRITERIA curity dependence on a secure supply of monitoring of markets and production lev- high-tech critical minerals. In section 843 of the National Defense Au- els; thorization Act (NDAA) for Fiscal Year 2011, b 1020 DoD will undertake recurring reviews of Congress mandated that the Department as- defense industrial base materials supply Madam Chairwoman, my colleagues sess which, if any, of the rare earth mate- chains; have talked about the fact that this ad- rials meet the following two criteria: DoD will make preparations for the pos- ministration claims that mining per- Criterion 1: ‘‘The rare earth material is sible need to establish buffer stocks that are mitting timelines have been reduced. critical to the production, sustainment, or contractor-owned, U.S. Government-sub- Yet this President has been in office operation of significant United States mili- sidized but not implemented unless certain tary equipment.’’ predetermined marked indicators are met; now for 40 months, and while they are Criterion 2: ‘‘The rare earth material is filing WTO complaints against China and subject to interruption of supply, based on DoD will make preparations for the pos- on rare Earth minerals, they have yet actions or events outside the control of the sible need to establish contingency measures to permit one rare Earth mine here in government of the United States.’’ to obtain vendor-managed inventories when America, and there doesn’t seem like For each rare earth material that meets pre-determined market and/or supply chain there’s any on the horizon that will get both criteria, section 843 requires a plan to indicators occur. approval. ensure long-term availability, with a goal of In addition to the elements of supply as- establishing an assured source of supply of I want to also talk about one other surances in the plan above, the following such material in critical defense applications methods will be considered during implemen- thing, Madam Chairman. President by December 31, 2015. Obama has been giving a lot of speech- tation of the DoD plan, as outlined in section Section 843 states that the plan shall in- 843: es claiming support for insourcing jobs clude consideration of risk mitigation meth- Assessment of available financing to indus- to the United States from foreign na- ods and states that sintered neodymium iron try, universities and not-for profits; tions. Currently, our Nation is depend- boron (NdFeB) magnets meet the criteria for Assessment of Defense Production Act ben- ent on foreign nations such as China inclusion in the plan. efits; and India for critical materials that F. FORECAST OF U.S. SUPPLY VS. KEY DEFENSE Assessment of research and development American manufacturers and our econ- CONSUMPTION—2013 funding for alternatives and substitutions; omy depend upon. This bill will help re- and Supply Consump- Surplus Deficit Assessment of foreign trade practices with verse this dependency and insource tion relevant U.S. Government components. these good-paying jobs right here to Dysprosium ...... 7 7 0 ...... H. CONCLUSIONS the United States. Yet the official posi- Erbium ...... 1.2 1.14 0.056 ...... tion of the Obama administration is Europium ...... 21 11 10 ...... Rare earth materials are widely used with- Gadolinium ...... 42 4 38 ...... in the defense industrial base. However, such that they strongly oppose this jobs bill. Neodymium ...... 2,232 110 2,122 ...... Praseodymium 824 14 810 ...... end uses represent a small fraction of U.S. Not only will this bill help create min- Yttrium ...... 26 119 ...... 93 consumption. As a result, when looked at in ing jobs in Nevada, Colorado, New Mex- isolation, the growing U.S. supply of these ico, and many other States, it will also Rare earth materials are widely used with- materials is increasingly capable of meeting help produce the critical materials and in the U.S. defense industrial base. Markets the consumption of the defense industrial

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11277 base. Over the past year, there have been a the permitting process to begin a mineral pro- (1) The industrialization of China and India number of positive developments with regard duction project which can currently take over has driven demand for nonfuel mineral commod- to both supply and demand within the rare a decade. This bill will require the permitting ities, sparking a period of resource nationalism earth materials markets. Reactions to mar- exemplified by China’s reduction in exports of ket forces have resulted in positive develop- review process to be completed within 30 rare-earth elements necessary for telecommuni- ments, such as prices decreasing by half from months. Additionally, the legislation ensures cations, military technologies, healthcare tech- their peak levels in July 2011, increased in- projects are not indefinitely delayed by litiga- nologies, and conventional and renewable en- vestment and domestic supply of rare earth tion by setting time limits to file legal chal- ergy technologies. materials, corporate restructuring within lenges to mining projects. (2) The availability of minerals and mineral the supply chain, and lower forecasts for Overall, this legislation would require the materials are essential for economic growth, na- non-Chinese consumption. By 2015, the De- Departments of Interior and Agriculture to bet- tional security, technological innovation, and partment believes this will help to stabilize the manufacturing and agricultural supply ter help develop our rare earth elements here chain. overall markets and improve the availability at home. of rare earth materials. (3) The exploration, production, processing, The Department remains committed to Madam Chair, this bill is vital to our national use, and recycling of minerals contribute signifi- pursuing a three-pronged approach to this security and our economy, and I urge its swift cantly to the economic well-being, security and important issue: diversification of supply, passage. general welfare of the Nation. pursuit of substitutes, and a focus on rec- Mr. VAN HOLLEN. Madam Chair, today’s (4) The United States has vast mineral re- lamation of waste as part of a larger U.S. legislation has more to do with undermining sources, but is becoming increasingly dependent Government recycling effort. In addition to environmental review of mining on public upon foreign sources of these mineral materials, the many positive developments that indi- as demonstrated by the following: lands than the production of rare earths and (A) Twenty-five years ago the United States cate an increasingly diverse and robust do- other critical minerals, and I will oppose it was dependent on foreign sources for 30 nonfuel mestic and global supply chain for rare earth today. mineral materials, 6 of which the United States materials, the Department will continue to Specifically, H.R. 4402 would let mining imported 100 percent of the Nation’s require- monitor these supply chains, prepare pos- ments, and for another 16 commodities the sible contingency plans for ensuring their companies operating on public lands set time limits for each part of the environmental re- United States imported more than 60 percent of availability, and implement such plans as the Nation’s needs. appropriate. view process and then arbitrarily cap total en- (B) By 2011 the United States import depend- Mr. SCHOCK. Madam Chair, I rise today in vironmental review time at 30 months. The bill ence for nonfuel mineral materials had more strong support of H.R. 4402 the National Stra- then elevates mining over hunting, fishing, than doubled from 30 to 67 commodities, 19 of tegic and Critical Minerals Production Act. grazing, conservation and any other public which the United States imported 100 percent of Many Americans might not be aware, but purpose and places new restrictions on judicial the Nation’s requirements, and for another 24 commodities, imported more than 50 percent of our country is facing a crisis when it comes to review. Finally, the definition of ‘‘strategic and critical minerals’’ in this legislation is so broad the Nation’s needs. rare earth elements. These naturally occurring (C) The United States share of world wide elements are vital to our national security be- as to encompass virtually every mineral that is mineral exploration dollars was 8 percent in cause they are essential components in de- or could be mined on public lands—including 2011, down from 19 percent in the early 1990s. fense weapon systems. However, their impor- such common materials as sand, clay and (D) In the 2012 Ranking of Countries for Min- tance does not end there. Everyday items that gravel. If the majority was seriously interested ing Investment, out of 25 major mining coun- tries, the United States ranked last with Papua Americans are accustomed to, such as cell in targeting the production of strategic and crit- ical minerals on public lands, we would have New Guinea in permitting delays, and towards phones and computers, require rare earth ele- the bottom regarding government take and so- ments. Our energy infrastructure is dependent adopted the amendment offered by our col- cial issues affecting mining. AUL ONKO on these resources, including: pipelines, refin- league Rep. P T expressly for that SEC. 3. DEFINITIONS. ing capacity, electrical power generation and purpose. Instead, the Tonko amendment was In this Act: transmission, and renewable energy produc- defeated on a party line vote and so we are (1) STRATEGIC AND CRITICAL MINERALS.—The tion. Strategic and critical minerals are also left with the serious defects of the underlying term ‘‘strategic and critical minerals’’ means minerals that are necessary— used to support the manufacturing, agriculture, legislation. Madam Chair, we can responsibly develop (A) for national defense and national security housing, and telecommunications industries. requirements; Even medical equipment utilizes these ele- our natural resources and protect our environ- (B) for the Nation’s energy infrastructure, in- ments. ment at the same time. H.R. 4402 ignores that cluding pipelines, refining capacity, electrical During the 1960s and continuing to the central truth and should be opposed by every power generation and transmission, and renew- 1980s, America was the premiere leader in member of this body. able energy production; The CHAIR. All time for general de- (C) to support domestic manufacturing, agri- rare earth element production. However, since culture, housing, telecommunications, then production has moved almost exclusively bate has expired. Pursuant to the rule, the bill shall be healthcare, and transportation infrastructure; to China. They now produce about 97 percent considered for amendment under the 5- and of rare earth oxides, are the single exporter of (D) for the Nation’s economic security and minute rule. balance of trade. commercial quantities of rare earth refined In lieu of the amendment in the na- metals, and are the manufacturer of the (2) AGENCY.—The term ‘‘agency’’ means any ture of a substitute recommended by agency, department, or other unit of Federal, world’s strongest magnets. the Committee on Natural Resources, State, local, or tribal government, or Alaska Na- What is most disturbing is that China ap- printed in the bill, it shall be in order tive Corporation. pears to be cutting its rare earth exports and to consider as an original bill for the (3) MINERAL EXPLORATION OR MINE PERMIT.— restricting other countries’ access to these re- The term ‘‘mineral exploration or mine permit’’ purpose of amendment under the 5- sources. America has become almost totally includes plans of operation issued by the Bu- minute rule an amendment in the na- dependent on China for rare earth elements, reau of Land Management and the Forest Serv- ture of a substitute consisting of the and we have lost our domestic capacity to tap ice pursuant to 43 CFR 3809 and 36 CFR 228A text of Rules Committee Print 112–26. respectively. into our own supply. That amendment in the nature of a Madam Chair, this House has had lengthy TITLE I—DEVELOPMENT OF DOMESTIC substitute shall be considered as read. SOURCES OF STRATEGIC AND CRITICAL debates about how onerous red-tape and reg- The text of the amendment in the na- MINERALS ulations are hurting our country’s economy. ture of a substitute is as follows: SEC. 101. IMPROVING DEVELOPMENT OF STRA- Unfortunately, over-regulation is hurting our H.R. 4402 TEGIC AND CRITICAL MINERALS. ability to produce rare earth elements. Frivo- Be it enacted by the Senate and House Domestic mines that will provide strategic and lous lawsuits and a maze of a permitting proc- critical minerals shall be considered an ‘‘infra- of Representatives of the United States of ess have caused America to no longer be a structure project’’ as described in Presidential America in Congress assembled, leader in rare earth element manufacturing. Order ‘‘Improving Performance of Federal Per- SECTION 1. SHORT TITLE. H.R. 4402 corrects this problem. This legisla- mitting and Review of Infrastructure Projects’’ This Act may be cited as the ‘‘National Stra- dated March 22, 2012. tion will allow our country to more efficiently tegic and Critical Minerals Production Act of SEC. 102. RESPONSIBILITIES OF THE LEAD AGEN- develop these essential resources. 2012’’. CY. The National Strategic and Critical Minerals SEC. 2. FINDINGS. (a) IN GENERAL.—The lead agency with re- Production Act will cut red-tape and streamline Congress finds the following: sponsibility for issuing a mineral exploration or

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0688 Sfmt 6333 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11278 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 mine permit shall appoint a project lead who SEC. 103. CONSERVATION OF THE RESOURCE. proponent and an opponent, shall not shall coordinate and consult with other agen- In developing the mineral exploration or mine be subject to amendment, and shall not cies, cooperating agencies, project proponents permit, the priority of the lead agency shall be be subject to a demand for division of and contractors to ensure that agencies mini- to maximize the development of the mineral re- the question. mize delays, set and adhere to timelines and source, while mitigating environmental impacts, schedules for completion of reviews, set clear so that more of the mineral resource can be AMENDMENT NO. 1 OFFERED BY MR. TONKO permitting goals and track progress against brought to the market place. The CHAIR. It is now in order to con- those goals. SEC. 104. FEDERAL REGISTER PROCESS FOR MIN- sider amendment No. 1 printed in (b) The lead agency with responsibility for ERAL EXPLORATION AND MINING House Report 112–590. issuing a mineral exploration or mine permit PROJECTS. Mr. TONKO. Madam Chair, I have an shall determine any such action would not con- (a) PREPARATION OF FEDERAL NOTICES FOR amendment at the desk. stitute a major Federal action significantly af- MINERAL EXPLORATION AND MINE DEVELOPMENT The CHAIR. The Clerk will designate fecting the quality of the human environment PROJECTS.—The preparation of Federal Register the amendment. within the meaning of the National Environ- notices required by law associated with the The text of the amendment is as fol- mental Policy Act of 1969 if the procedural and issuance of a mineral exploration or mine permit substantive safeguards of the lead agency’s per- shall be delegated to the organization level lows: mitting process alone, any applicable State per- within the agency responsible for issuing the Page 3, beginning at line 7, strike para- mitting process alone, or a combination of the mineral exploration or mine permit. All Federal graph (1) and insert the following: two processes together provide an adequate Register notices regarding official document (1) STRATEGIC AND CRITICAL MINERALS.—The mechanism to ensure that environmental factors availability, announcements of meetings, or no- term ‘‘strategic and critical minerals’’— are taken into account. tices of intent to undertake an action shall be (A) means— (c) The lead agency with responsibility for originated and transmitted to the Federal Reg- (i) minerals and mineral groups identified issuing a mineral exploration or mine permit ister from the office where documents are held, as critical by the National Research Council shall enhance government coordination on per- meetings are held, or the activity is initiated. in the report entitled ‘‘Minerals, Critical mitting and review by avoiding duplicative re- (b) DEPARTMENTAL REVIEW OF FEDERAL REG- Minerals, and the U.S. Economy’’, dated 2008; views, minimizing paperwork and engaging ISTER NOTICES FOR MINERAL EXPLORATION AND and other agencies and stakeholders early in the MINING PROJECTS.—Absent any extraordinary (ii) additional minerals identified by the process. The lead agency shall consider the fol- circumstance or except as otherwise required by Secretary of the Interior based on the Na- lowing best practices: any Act of Congress, each Federal Register no- tional Research Council criteria in such re- (1) Deferring to and relying upon baseline tice described in subsection (a) shall undergo port; and data, analysis and reviews preformed by State any required reviews within the Department of (B) shall not include sand, gravel, or clay. agencies with jurisdiction over the proposed the Interior or the Department of Agriculture Page 4, strike lines 1 through 6 and insert project. and be published in its final form in the Federal the following: (2) Conducting reviews concurrently rather Register no later than 30 days after its initial (1) MINERAL EXPLORATION OR MINE PER- than sequentially to the extent practicable and preparation. MIT.—The term ‘‘mineral exploration or mine when such concurrent review will expedite rath- permit’’— TITLE II—JUDICIAL REVIEW OF AGENCY er than delay a decision. (A) means a mineral exploration or mine (d) At the request of a project proponent, the ACTIONS RELATING TO EXPLORATION permit for strategic and critical minerals; project lead of the agency with responsibility for AND MINE PERMITS and issuing a mineral exploration or mine permit SEC. 201. DEFINITIONS FOR TITLE. (B) includes any plan of operation for stra- shall enter into an agreement with the project In this title the term ‘‘covered civil action’’ tegic and critical minerals that is issued by proponent and other cooperating agencies that means a civil action containing a claim under the Bureau of Land Management and the sets time limits for each part of the permit re- section 702 of title 5, United States Code, regard- Forest Service. view process including the following: ing agency action affecting a mineral explo- The CHAIR. Pursuant to House Reso- (1) The decision on whether to prepare a doc- ration or mine permit. lution 726, the gentleman from New ument required under the National Environ- SEC. 202. TIMELY FILINGS. York (Mr. TONKO) and a Member op- mental Policy Act of 1969. A covered civil action is barred unless filed no (2) A determination of the scope of any docu- posed each will control 5 minutes. later than the end of the 60-day period begin- The Chair recognizes the gentleman ment required under the National Environ- ning on the date of the final Federal agency ac- mental Policy Act of 1969. tion to which it relates. from New York. (3) The scope of and schedule for the baseline Mr. TONKO. Thank you, Madam studies required to prepare a document required SEC. 203. EXPEDITION IN HEARING AND DETER- MINING THE ACTION. Chair. under the National Environmental Policy Act of The court shall endeavor to hear and deter- My amendment is very simple. It re- 1969. mine any covered civil action as expeditiously as places the overly broad definition in (4) Preparation of any draft document re- possible. H.R. 4402 with a definition that truly quired under the National Environmental Policy Act of 1969. SEC. 204. LIMITATION ON PROSPECTIVE RELIEF. address the materials identified in the (5) Preparation of a final document required In a covered civil action, the court shall not title of the bill: critical and strategic under the National Environmental Policy Act of grant or approve any prospective relief unless materials. 1969. the court finds that such relief is narrowly Since the realization that China was (6) Consultations required under applicable drawn, extends no further than necessary to restricting exports of rare Earth met- laws. correct the violation of a legal requirement, and als in 2010, the issue of critical and (7) Submission and review of any comments is the least intrusive means necessary to correct strategic materials has reemerged as a required under applicable law. that violation. (8) Publication of any public notices required concern. This isn’t the first time Con- SEC. 205. LIMITATION ON ATTORNEYS’ FEES. gress has considered our potential vul- under applicable law. Sections 504 of title 5, United States Code, and (9) A final or any interim decisions. 2412 of title 28, United States Code (together nerability to resource shortages. Just (e) In no case should the total review process commonly called the Equal Access to Justice before World War II, Congress passed described in subsection (d) exceed 30 months un- Act) do not apply to a covered civil action, nor the Strategic and Critical Materials less agreed to by the signatories of the agree- shall any party in such a covered civil action re- Stockpiling Act of 1939 to address our ment. ceive payment from the Federal Government for Nation’s requirement for materials (f) The lead agency is not required to address their attorneys’ fees, expenses, and other court agency or public comments that were not sub- needed for national defense. We have costs. mitted during the public comment periods pro- expanded our notion of strategic and vided by the lead agency or otherwise required The CHAIR. No amendment to that critical materials since that time to by law. amendment in the nature of a sub- include civilian and economic needs for (g) The lead agency will determine the amount stitute shall be in order except those materials. But there is no precedent for of financial assurance for reclamation of a min- printed in House Report 112–590. Each the broad definition included in H.R. eral exploration or mining site, which must such amendment may be offered only 4402. The military’s current definition cover the estimated cost if the lead agency were in the order printed in the report, by a to contract with a third party to reclaim the op- of strategic and critical materials in erations according to the reclamation plan, in- Member designated in the report, shall the U.S. Code is far narrower than the cluding construction and maintenance costs for be considered read, shall be debatable definition in this bill. any treatment facilities necessary to meet Fed- for the time specified in the report, Nine of the ten bills introduced in eral, State or tribal environmental standards. equally divided and controlled by the this Congress dealing with strategic

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11279 and critical minerals rely on defini- about watering down environmental Mineral production is a key eco- tions or specific lists of minerals that protections for sand and clay and en- nomic activity supplying strategic and would conform to the definition in my dangering the health and well-being of critical metals and minerals essential amendment—not to the one in H.R. the Nation for no reason whatsoever for agriculture, communication, tech- 4402. The definition in H.R. 4402 would because there’s no strategic relation- nology, construction, health care, man- include virtually all minerals and ma- ship between those very prosaic min- ufacturing, transportation, and the terials no matter how available they erals and our national security. arts. More specifically, strategic met- are. No other legislation proposes a Mr. TONKO. Madam Chair, I yield als and metal alloys are an integral definition that would consider sand and back the balance of my time. component of aerospace, defense, and gravel ‘‘critical’’ materials. Mr. HASTINGS of Washington. other critical infrastructure. The National Academy of Science Madam Chairman, I rise in opposition. Minerals, Madam Chairman, are also panel looked at this issue in 2008. The The CHAIR. The gentleman is recog- necessary to satisfy the basic require- nized for 5 minutes. panel specified two factors that define ments of an individual’s well-being, Mr. HASTINGS of Washington. I a mineral as critical: It is essential in yield myself such time as I may con- and that includes food, clothing, shel- use and subject to the risk of supply re- sume. ter and a clean and healthy environ- striction. H.R. 4402’s definition cap- Madam Chairman, this amendment ment. So we should not limit ourselves tures only the first factor that the attempts to pick which minerals are today by narrowly defining what is Academy considered. The panel recog- winners and losers in the Federal per- strategic and critical. That’s precisely nized that the list of critical materials mitting sweepstakes. The underlying what this amendment does, and I think was likely to change over time due to bill that we are talking about focuses that’s a wrong approach. So, with that, technological developments, usage pat- on the permitting of mines that meet I would urge a ‘‘no’’ vote. terns, changes in mineral reserves, and four clear categories of domestic Madam Chairman, I understand that many other factors. need—and this is important—national the gentleman yielded back his time; is They developed a matrix that could security, energy infrastructure, domes- that correct? be used to evaluate substances and tic manufacturing, and our national The CHAIR. The gentleman is cor- used this matrix to examine a group of economic balance of trade. rect. minerals that are in current high de- The amendment would restrict these Mr. TONKO. Madam Chair, I ask mand. Two dozen minerals were identi- down to just a 2008 study done by the unanimous consent to reclaim my fied as critical in the NAS report. The National Research Council that took a time. rare Earth metals, the platinum met- limited and narrow look at only the Mr. HASTINGS of Washington. I urge als, and several other minerals were in- aerospace, the electronic, and auto- a ‘‘no’’ vote on the amendment. I will cluded in their list. Oddly enough, motive industries when considering reserve my time, and I will not object sand, gravel, iron, copper—all useful each mineral critical. However—and if the gentleman wants to reclaim his materials, to be sure—did not make it this is important, Madam Chairman— time. to the list. The current definition in the report also states: The CHAIR. The gentleman from H.R. 4402 is unnecessary if the purpose All minerals and mineral products could be New York has asked unanimous con- is to secure additional critical min- or could become critical to some degree, de- sent to reclaim the 1 minute he has re- erals. pending on their importance and avail- maining. H.R. 4402 undermines the protection ability. The criticality of a specific mineral Without objection, the request is of our public lands and elevates mining can and likely will change as production granted. above all other public land uses. If H.R. technologies evolve and new products are de- There was no objection. veloped. 4402 is truly a bill to address potential Mr. TONKO. Madam Chair, I appre- shortages of critical minerals, then my The definition of the strategic and ciate that. amendment should be adopted. Let’s critical minerals in H.R. 4402 is written I just want to state clearly that the concentrate on the problem at hand: broadly—we acknowledge that—to amendment itself embraces flexibility. allow for the most flexibility when car- Securing additional rare Earth min- It understands that if there are rying out the provisions of this act. erals and other truly critical minerals. changes in time that are requiring the I urge my colleagues to support my Less than 10 years ago, people were list to be adjusted, we would have the concerned about platinum group met- amendment. academy adjust that so that the flexi- Mr. MARKEY. Will the gentleman als used for computer and electronics bility is there recognizing that if, in yield? and the pending shortfall of copper the course of time, the change needs to Mr. TONKO. I will yield to the gen- availability. be made, if we need to further extend tleman from Massachusetts. b 1030 the list, so be it. But the flexibility is Mr. MARKEY. I thank the gentleman Today, the focus is primarily on the contained in the amendment. for yielding. availability of rare Earth elements and With that, I yield back the balance of So what is the majority doing in this rare Earth metals that are in China. my time. bill? They’re saying that sand is a Tomorrow, the shortage could be lith- Mr. HASTINGS of Washington. I ‘‘critical’’ material; gravel, clay. ium for batteries, silica for solar pan- yield myself the balance of the time. There’s no crisis in the sand industry. els, and any of a host of other min- The CHAIR. The gentleman is recog- We don’t need to wad it down, the envi- erals. nized for 2 minutes. ronmental protections for drilling for Interestingly, in this talk of sand and Mr. HASTINGS of Washington. I am sand or gravel or clay. There is no cri- gravel, during the U.S. Geological Sur- simply saying that this underlying bill sis. That’s what this whole bill is. It’s vey’s great shakeout in California, lays out four strategic areas in which a Trojan horse. It’s moving in to under- which simulated a massive earthquake we should have minerals to support mine environmental protections where and the problems that could be faced, those areas. And then we say there they’re working and where there’s no they discovered that there would be a should be a timeframe, a defined time- need to reduce them. shortfall of building materials—sand frame, in which, unless there is an If they want to talk about scandium and gravel, Madam Chairman—if there agreement it should be longer, activity or europium or cerium or terbium or were a major earthquake causing sig- should be done. It’s pretty straight- some other critical strategic material nificant damage in the L.A. basin and forward. This amendment, as offered, that we should be discussing out here the surrounding areas. I think that would very narrowly say what is crit- that we need for cell phones or we need would be very critical if that were to ical. I think that’s the wrong approach. for solar panels or we need for our de- happen. It happened in the last 25 So with that, I urge a ‘‘no’’ vote on fense systems, that’s one thing. But years, twice in California and once in the amendment, and I yield back the that’s not what this is about. This is Minnesota. balance of my time.

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11280 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 The CHAIR. The question is on the signed mitigation plans. The need for a standards and requirements that must amendment offered by the gentleman complete and thorough review of the be met to get approval. It simply pro- from New York (Mr. TONKO). environmental impact before approval vides that an agency work efficiently The question was taken; and the is therefore absolutely necessary. while still complying with all, and let Chair announced that the noes ap- What’s more, Madam Chair, is that me emphasize all, environmental laws peared to have it. this bill’s underlying intent of loos- and regulations, studies, consultations, Mr. TONKO. Madam Chair, I demand ening up the permitting process is not draft and file documents—all of them— a recorded vote. even necessary. Mining is already the that are required in order for a final The CHAIR. Pursuant to clause 6 of priority use for most public lands, record of decision to be issued on a rule XVIII, further proceedings on the which makes it virtually impossible to mine plan. All the same review, but amendment offered by the gentleman regulate and control. Mining on public just in 30 months instead of what has from New York will be postponed. lands is also already incredibly cheap. been taking, in many cases, over a dec- AMENDMENT NO. 2 OFFERED BY MR. HASTINGS These companies pay little rent to the ade. OF FLORIDA American taxpayer for the use of pub- The underlying bill provides for flexi- The CHAIR. It is now in order to con- lic land. bility on the 30-month permit timeline sider amendment No. 2 printed in Moreover, under the Obama adminis- should a justifiable need arise for fur- House Report 112–590. tration, 82 percent of plans are ap- ther analysis. Let me repeat: it allows Mr. HASTINGS of Florida. Madam proved within 3 years, with an average for further time if that is needed. Yet Chair, I have an amendment at the of 4 years for the largest mines located this amendment would give a Federal desk. on public lands. Any delays in permit agency an automatic excuse to prolong The CHAIR. The Clerk will designate approval usually stem from an incom- the process for a year, and there is no the amendment. plete application or problems that explanation that is needed. The text of the amendment is as fol- arise during review which were not an- So this amendment presents bureauc- lows: ticipated and require supplemental in- racy with a ‘‘drag your feet for free’’ Page 7, strike lines 8 through 10 and insert formation. card. It would hand over another roll of the following: By giving the lead agency the option red tape to the government and invite (e)(1) In no case should the total review to extend the time period for review in them to string up more obstacles and process described in subsection (d) exceed 30 the event of new information, my delay job creators from getting a months unless— amendment makes sure agencies can straight answer. And keep in mind, the (A) agreed to by the signatories of the get the job done right while still adher- 30-month time period that we’re talk- agreement, or ing to a predictable schedule. ing about simply says ‘‘an answer shall (B) the lead agency has determined that an Prioritizing speed over accuracy—I adequate review has not been completed due be given.’’ It could be negative; it could to issues arising not contained in the permit learned early, as did all of us, that be positive. application or otherwise unforeseen by the haste makes waste—as this bill does, This bill provides certainty for per- signatories at the time of submittal of the guarantees that mining companies are mit applicants by allowing the United permit application. able to drill additional mines at a fast- States to be more competitive so that (2) In a case described in paragraph (1)(B)— er rate with less consideration for the we can create more jobs here at home (A) the lead agency may extend the total broader impact of those mines. and produce more of the critical mate- review process by 6 months; My amendment is necessary to give rials and minerals that are needed for (B) if, at the end of that 6-month period, agencies the time they need to make the issues referred to in paragraph (1)(B) our economy and therefore lessen our have not been adequately addressed, the lead sure that this bill will not compromise reliance on foreign sources. environmental protections that keep agency may extend the total review process b 1040 by an additional 6 months; our drinking water safe, soil nour- (C) if at the end of that additional 6-month ishing and nontoxic, and our air clean So I oppose the amendment offered period the issues referred to in paragraph enough to breathe. by my good friend from Florida, and I (1)(B) have not been adequately addressed, Madam Chair, I reserve the balance reserve the balance of my time. the lead agency shall issue its final deter- of my time. Mr. HASTINGS of Florida. Madam mination on the permit application Mr. HASTINGS of Washington. Chair, I yield myself the balance of my The CHAIR. Pursuant to House Reso- Madam Chairman, I rise in opposition. time. lution 726, the gentleman from Florida The CHAIR. The gentleman is recog- Madam Chair, I understand very (Mr. HASTINGS) and a Member opposed nized for 5 minutes. clearly what my good friend from each will control 5 minutes. Mr. HASTINGS of Washington. I Washington is saying. My quarrel is in The Chair recognizes the gentleman yield myself as much time as I may asking that the lead agency be given from Florida. consume. the option to extend the time, as I be- Mr. HASTINGS of Florida. Madam Madam Chairman, this amendment lieve historically mining companies— Chair, despite the name of this bill, the would reverse course on the goal of this who, under the underlying bill would underlying legislation has, in my judg- legislation to streamline red tape. This have the right to sign off on the exten- ment, little to do with securing a suffi- amendment could add an entire year to sion—are not likely to do that. There cient supply of rare Earth minerals for the time allowed for the government to is no history showing that they do. our country. Rather, it is another Re- make a decision on a permit. This They want to hurry up and get on with publican giveaway to large, profitable would then drag out the process 40 per- their mining business. When there are companies that do not need congres- cent longer than provided for in the un- unpredictable kinds of circumstances, sional action to pad their bottom lines. derlying bill. then it would seem to me that the lead In fact, today’s bill is so broadly The 30-month time period set by this agency would be the place that would drafted that it is not just rare Earth legislation is accomplished by making determine the time for review. mines that will no longer have to ad- government work more efficiently— With that, Madam Chair, I yield back here to our Federal environmental and I, quite frankly, think that’s what the balance of my time. laws, but virtually any mine on public all Americans would like—by aligning Mr. HASTINGS of Washington. I land anywhere, including silver, ura- some reviews and taking some actions yield myself the balance of the time. nium and coal mines. concurrently. In response to my friend, the legisla- Mining operations have severe and Establishing a simple deadline for tion says that both sides have to agree. permanent consequences for the land the government to do their job in a I think that’s a good way. The gen- and residents living nearby. In fact, 75 timely fashion is reasonable, and I tleman says that there’s no evidence of percent of existing mines end up pol- think it is reasonable. This is espe- that. Well, there’s no evidence that the luting the groundwater despite the de- cially true since it doesn’t change the contrary would work either.

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11281 So, to give more time—again, what 160,000 abandoned mines we have in the At this point, I would like to reserve we have heard over and over and over, West. the balance of my time, Madam Chair. and especially those Members and the The underlying bill would extend a Mr. HASTINGS of Washington. author of this legislation who comes host of new giveaways to the mining Madam Chair, I rise in opposition to from a State that is heavily in the industry while doing nothing to ensure the amendment. mining industry, the uncertainty is taxpayers are getting a proper return The CHAIR. The gentleman is recog- what the problem is. What this legisla- on these valuable minerals like gold nized for 5 minutes. tion does is provide certainty but flexi- and silver and uranium on public lands. Mr. HASTINGS of Washington. I bility. Now, I think that makes sense. It is well past time to fix this law yield myself such time as I may con- If you probably walk to Main Street that was passed during the Presidency sume. anyplace in America and said this is of Ulysses S. Grant in 1872. My amend- Madam Chairman, this amendment is what the option is of a 30-month time ment would require mining companies directly contrary to the intent of this period rather than up to 10 or more to pay taxpayers 12.5 percent of the bill that would create new jobs in the years, they would say, yeah, I think value of these hard rock minerals United States and ensure a stable do- certainty makes a great deal of sense. taken off of the public lands. That is mestic supply of the critical minerals So this amendment offered by my the same royalty rate that coal and oil that are so important to our economy. good friend from Florida I think ex- and natural gas companies pay to the This amendment would impose an en- tends it, doesn’t need to be there, and Federal Government to mine and drill tirely new, retroactive fee on mining on public lands. I urge a ‘‘no’’ vote. operations on Federal lands. It would While mining companies pay no roy- I yield back the balance of my time. impose a royalty that would be one of alty on Federal lands to mine for gold The CHAIR. The question is on the the highest of any country in the world and silver, they do pay a royalty on amendment offered by the gentleman and, thus, would probably drive more State lands that would abut those Fed- from Florida (Mr. HASTINGS). mining jobs overseas and put American eral lands. Twelve Western States al- The question was taken; and the manufacturing, once again, at risk. ready require mining companies to pay Chair announced that the noes ap- In the past, when we’ve had this issue royalties up to 12 percent on mining on peared to have it. in front of the Natural Resources Com- their State lands. Colorado charges up Mr. HASTINGS of Florida. Madam mittee, we’ve had Democrat witnesses to 12 percent on minerals taken from Chair, I demand a recorded vote. that have testified that an 8 percent their State lands. Utah, Wyoming, and The CHAIR. Pursuant to clause 6 of gross royalty was unprecedented in the California all charge up to 10 percent. rule XVIII, further proceedings on the world and would not make economic Nevada charges up to 5 percent. But amendment offered by the gentleman sense, and yet this amendment is talk- when it comes to mining on Federal ing about a 12.5 percent gross royalty. from Florida will be postponed. lands, which could be right next door AMENDMENT NO. 3 OFFERED BY MR. MARKEY In 2006, the World Bank report cau- to the State lands, these multinational tioned against gross royalty ap- The CHAIR. It is now in order to con- mining companies, they still get to sider amendment No. 3 printed in proaches as compared to ability-to-pay play Uncle Sam for Uncle Sucker. They or profit-based approaches. Madam House Report 112–590. pay Federal taxpayers—all of the rest Mr. MARKEY. Madam Chair, I have Chair, let me quote directly from that of us in the country—no royalties report: an amendment in order under the rule. while reaping this massive windfall. So Nations should carefully weigh the imme- The CHAIR. The Clerk will designate what my amendment would do is it the amendment. diate fiscal rewards to be granted from high would ensure that the States where levels of royalty against the long-term bene- The text of the amendment is as fol- this mining is occurring reap the bene- fits to be gained from a sustainable mining lows: fits. industry that will contribute to long-term Page 7, after line 22, insert the following According to the GAO, there are development, infrastructure, and economic new subsection: more than 160,000 abandoned gold and diversification. (h) The lead agency with responsibility for silver and copper and uranium and So they argue directly against this issuing a mineral exploration or mine permit other mines in the West. Some esti- type of approach. for hardrock minerals on Federal land after mates put that number as high as the date of enactment of this Act shall re- Let us keep our focus on what is im- quire a royalty payment of 12.5 percent of 500,000 abandoned mines. These mines portant here today. We are dependent the value of the minerals produced pursuant stopped production decades or, in some on foreign sources for minerals that to the permit. Amounts received by the cases, more than a century ago and sustain our economy. United States as such royalties shall be have no responsible parties to carry We all know that the more you tax available to the Secretary of the Interior, out the proper environmental remedi- something, the less you get. That’s subject to the availability of appropriations ation. The result is that the streams what this approach is. I could take the and in addition to amounts otherwise avail- and the rivers, the aquifers, the soils gentleman’s, my good friend from Mas- able, for abandoned hardrock mine lands rec- continue to be contaminated by mer- lamation. sachusetts, math that he had out there cury and thorium and arsenic and and change it a little bit and say this The CHAIR. Pursuant to House Reso- other toxic pollutants. In fact, the is where there would be a lot of job lution 726, the gentleman from Massa- GAO says that more than 33,000 mines losses if this amendment were adopted chusetts (Mr. MARKEY) and a Member are already a danger to the public and this were to become law, because opposed each will control 5 minutes. health and environment. Arizona has that’s the area that would be affected, The Chair recognizes the gentleman some 50,000 abandoned hard rock the Western part of the United States. from Massachusetts. mines; California has more than 47,000; So, Madam Chair, I urge a ‘‘no’’ vote Mr. MARKEY. I yield myself such Utah and Nevada have 17,000 and 16,000, on this amendment, and I reserve the time as I may consume. respectively. balance of my time. Madam Chair, I have an amendment According to the Congressional Re- in order today, and the reason I have it search Service, cleaning up abandoned b 1050 in order is that it’s a very simple mine sites can cost tens of millions of Mr. MARKEY. Madam Chair, could amendment. It would update an anti- dollars per mine. Well, my amendment you advise us as to how much time is quated mining law to end the free ride would generate nearly $400 million over remaining? that mining companies extracting min- the next 10 years that would be dedi- The CHAIR. The gentleman from erals like gold and silver and uranium cated to cleaning up these sites. This Washington has 21⁄2 minutes remaining. on public lands currently enjoy. It would ensure that mining companies The gentleman from Massachusetts has would then send that money to benefit are paying their fair share to aid our 1 minute remaining. Western States by dedicating the fund- Western States in cleaning up these Mr. MARKEY. I reserve the balance ing to cleaning up the more than dangerous and toxic sites. of my time.

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11282 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 Mr. HASTINGS of Washington. I I yield back the balance of my time. The Chair recognizes the gentleman yield 1 minute to the gentleman from Mr. HASTINGS of Washington. from Alaska. Nevada (Mr. AMODEI), once again, the Madam Chairman, I yield myself the Mr. YOUNG of Alaska. I yield myself sponsor of this legislation. balance of the time. such time as I may consume. Mr. AMODEI. Madam Chair, I appre- Once again, as that map is moving Madam Chairman, this is a simple ciate the comments. away, that’s where the jobs would go if amendment. It addresses the roadless I would just like to point out, for the you add a gross tax to this activity. areas in national forests but, specifi- RECORD, since we’re talking about Let me point out just an economic cally, in Alaska. It does not overturn Western abandoned mines, what’s your issue here. Like oil and gas, probably the roadless areas. definition of abandoned mine? Because not quite the same, you really don’t This is an attempt, as previously if it’s where somebody pushed up a lit- know if there’s any minerals in the stated in this Congress, that highly tle dirt and that’s considered an aban- ground until you dig. And if you put a mineralized areas would not be affected doned mine, quite frankly, we’re pretty royalty of 121⁄2 percent, you are going by the roadless area. It directly affects proud in Nevada of the job that our Di- to discourage that activity. the Vulcan find of rare minerals, rare vision of Environmental Protection has What does that mean? Earth. done on abandoned mine projects. We When you discourage that activity, it And I have to address my colleagues collaborate with the Feds. means the potential for job creation for a sense. Now, right now China con- Quite simply, I believe the phrase and mineral production in this country trols the rare Earths of this world. Yet, was used earlier today, it’s a solution goes away. we have tremendous deposits in Alas- in search of a problem. We’re getting Now, if that’s the intent of some in kan lands and in other lands of this Na- on it. We’re doing very well. And quite this country and maybe some on the tion. But rare Earth is the future of all frankly, I hope the Chair is not on this other side, okay, be honest about it. this high technology that people do committee, but when you see a 121⁄2 I don’t think that’s the right ap- support, and the so-called things that gross proceeds tax subject to the appro- proach, so I would urge my colleagues we try to develop are from rare Earth. priations process of my colleagues to reject this gross tax amendment. It’s wrong to have China control the here, no thank you very much. And with that, I yield back the balance price, control the quantity and avail- Mr. MARKEY. I continue to reserve of my time. ability for modern technology when we the balance of my time. The Acting CHAIR. The question is have our own. All we’re asking in this Mr. HASTINGS of Washington. on the amendment offered by the gen- is to make sure that an area that has Madam Chair, who has the right to tleman from Massachusetts (Mr. MAR- high potential areas of rare Earth be close on this amendment? KEY). accessible to the water. The CHAIR. The gentleman from The question was taken; and the And the rules of roadless area do not Washington has the right to close. Chair announced that the noes ap- apply. They were exempted before. Mr. HASTINGS of Washington. I peared to have it. They should be exempted now. But a would just advise the gentleman that I Mr. MARKEY. Madam Chair, I de- ruling in 2011 made this area have no more requests for time. mand a recorded vote. unaccessible for the development of Mr. MARKEY. Then I yield myself The CHAIR. Pursuant to clause 6 of rare Earth for this Nation. the balance of my time. rule XVIII, further proceedings on the If you believe in the independence of So this is a very simple amendment. amendment offered by the gentleman this Nation, if you believe the impor- What it says is this: that these big from Massachusetts will be postponed. tance of technology for the future, then you’ll support this amendment. mining companies—and the ones I’m AMENDMENT NO. 4 OFFERED BY MR. YOUNG OF talking about have a market capital- ALASKA This is the right amendment for the ization of $90 billion—well, they just The CHAIR. It is now in order to con- right time to make sure we have this have to pay to drill on public lands, sider amendment No. 4 printed in development. Federal public lands. House Report 112–590. Mr. HASTINGS of Washington. Will Right now they’re paying to drill on Mr. YOUNG of Alaska. Madam Chair- the gentleman yield? Mr. YOUNG of Alaska. I yield to the State public lands, and when they man, I have an amendment at the desk. gentleman from Washington. come over to the Federal public lands The CHAIR. The Clerk will designate Mr. HASTINGS of Washington. I it’s like free parking, free rent. You the amendment. thank the gentleman for yielding. And don’t have to pay anything. The text of the amendment is as fol- I think that his amendment makes Well, where are you going? You’re lows: eminently good sense. It’s exactly going to where it’s free. And who’s let- Page 7, after line 22, insert the following: these sort of rulings that tie up our ting them have it for free? Uncle Sam. (h) With respect to strategic and critical natural resources, and we should be Uncle Sucker. materials within a federally administered utilizing them. So what the Markey amendment says unit of the National Forest System, the lead agency shall— I think the gentleman has a good is we’re going to raise $400 million, amendment, and I support it. charging them to drill for these pre- (1) exempt all areas of identified mineral resources in Land Use Designations, other Mr. YOUNG of Alaska. I thank the cious minerals on Federal lands, and than Non-Development Land Use Designa- gentleman. we’re going to give the $400 million tions, in existence as of the date of the en- Again, this is specific for an area of over to the States so that they can actment of this Act from the procedures de- rare Earth that’s for the future of this clean up their old mines where there tailed at and all rules promulgated under Nation. This amendment should be are environmental problems. part 294 of title 36, Code for Federal Regula- adopted, and I urge a ‘‘yes’’ on my So if you care about the environ- tions; (2) apply such exemption to all additional amendment. mental problems in these Western I reserve the balance of my time. States, here’s your ability to send $400 routes and areas that the lead agency finds necessary to facilitate the construction, op- Mr. HOLT. Madam Chair, I rise in op- million in, collected where the big eration, maintenance, and restoration of the position. companies are now paying nothing to areas of identified mineral resources de- The CHAIR. The gentleman from mine on Federal lands, in order to help scribed in paragraph (1); and New Jersey is recognized for 5 minutes. deal with environmental problems (3) continue to apply such exemptions after Mr. HOLT. Almost 15 years ago, the there. Not in Massachusetts, not in the approval of the Minerals Plan of Operations Forest Service began the process of re- East, but right here, right where this for the unit of the National Forest System. viewing the management of the last re- mining goes on, right where the envi- The CHAIR. Pursuant to House Reso- maining, undeveloped forests, the so- ronmental disasters occur. lution 726, the gentleman from Alaska called roadless areas. Vote ‘‘aye’’ on the Markey amend- (Mr. YOUNG) and a Member opposed In 2001, the Bush administration, yes, ment. each will control 5 minutes. the George W. Bush administration,

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11283 issued regulations to protect these Last year, they said, no, this couldn’t tions, et cetera, from the procedures areas in an effort recognized as one of be done, having access to this rare detailed and the rules promulgated the most far-reaching conservation ini- Earth for the Nation—for the Nation— under title 36, Code of Federal Regula- tiatives taken by the Federal Govern- this small area. All they want to do is tions. ment in decades. get to the water. What good is rare This is sweeping and it is not nec- Now, a decade later, after litigation, Earth for this Nation if you can’t get essary. 60 million acres of our forests, and the to it? We might as well stake a claim Again, I urge the defeat of this clean water derived from those forests, on the Moon. I mean, this is 17 million amendment, and I reserve the balance are now protected from harmful devel- acres of land that have already been of my time. opment. Three hundred fifty four mu- set aside, all but 1 million acres. All The Acting CHAIR (Mr. SIMPSON). nicipal water supplies flow through I’m asking for is access for the Amer- The gentleman from Alaska has 1 minute remaining. The gentleman roadless areas on their way to homes ican people, access to this mineral de- from New Jersey has 30 seconds re- and businesses. These areas include sa- posit for the American people for the maining. cred sites for Native Americans. They future, for the technology that is need- Mr. YOUNG of Alaska. I yield 30 sec- include biological strongholds for fish ed so as not to be dependent on China. onds to the gentleman from Wash- and wildlife. The continued protection Now, he may be representing China ington (Mr. HASTINGS). of these areas is something that people instead of New Jersey, and I respect Mr. HASTINGS of Washington. I all over America care about. that; but I’m talking about respect for thank the gentleman for yielding. I know the gentleman thinks that this Nation. This amendment should be I just want to point out that the this is somehow infringing on Alaska. adopted for the good of the people of areas that this amendment affects have The point that must be made is this is this Nation if you’re thinking about already been set aside for mineral de- in the national interest, and continued the future. Ironically, that side offered velopment. I want to repeat that, Mr. protection of these areas is common an amendment to narrow this bill to Chairman: these have already been set sense. It is what I know my constitu- only rare Earths. That amendment was aside for mineral development. That ents tell me they want. offered, and I can’t understand that. policy has not changed at all. All it en- For the record, there are already All I’m saying is, if you want access sures is that we are going to have ac- 380,000 miles of roads in the rest of our to rare Earth, then pass this amend- cess to it. national forests, with only 20 percent ment. Make it good for the Nation. I just want to address the irony that maintained to adequate standards of Let’s not be listening to somebody the gentleman pointed out. This is for safety. who, very frankly, doesn’t understand rare Earth. This particular one in his The gentleman from Alaska offers an the need—and this is a person who is a State is where we have rare Earth, and amendment that purports to waive the doctor, bless his heart, who under- now they say they don’t want it. There roadless rule for the purposes of min- stands the physical needs for the fu- is some irony here, and I can’t quite eral development. However, both the ture, yet he says we’re going to protect get my arms around it. Forest Service and the Bureau of Land this little, narrow spot just to access Mr. HOLT. Mr. Chair, of course we Management say that the current pol- water for the people of America. This is want this country to have the minerals icy does not prevent mineral devel- what this amendment does. that it’s dependent on; but need I re- opers from accessing development sites I’m trying to get something done for peat again that the Forest Service and in our forests. All the current policy America. I’m not playing politics in Bureau of Land Management say that requires is careful consideration before this. It really doesn’t affect Alaska to current policy does not prevent min- access for mining operations is per- that extent other than the fact that eral developers from accessing the de- mitted. it’s in the State of Alaska. It does af- velopment sites. This amendment is I recognize that southeast Alaska, we fect other States, but quite frankly, I not necessary, and it would overturn all recognize that southeast Alaska is a want it for Alaska. It’s my job. I’m not very important resolutions that pro- unique place that requires access by affecting New Jersey. I don’t ever in- tect the public lands in the public in- boat and helicopter. However, mine op- troduce an amendment or oppose any- terest. erators have been able to get the ap- thing for New Jersey. If he wants some- I yield back the balance of my time. proval necessary for that access. This thing in New Jersey, if he wants to The Acting CHAIR. The gentleman from Alaska has 30 seconds remaining. is a waiver that is overly broad, which drill in New Jersey, I’d support it. If he Mr. YOUNG of Alaska. One last com- Federal agencies tell us is unnecessary wouldn’t want to drill in New Jersey, I wouldn’t support it. If you follow what ment. for the purposes purported here. And it He says there is no restriction and I’m saying, this is important for the just invites conflict where, for a decade that we can go ahead and mine this people of America, and I urge the pas- now, there has been resolution. Earth. You can’t develop it. It’s that sage of this amendment. b 1100 simple. All exploration had to be done I reserve the balance of my time. by helicopter. There was no access by Congress has debated the roadless Mr. HOLT. The gentleman is right, road. To develop it, we must have this policy for a decade—actually for many this affects more than Alaska. This af- road to water access. This is a good decades, but for a decade—and oppo- fects the country at large. The roadless amendment. It provides this Nation nents of the policy have had their day rule has been debated. It has been liti- with the right minerals that are nec- in court. Congress, the public, and the gated. It should be considered settled. essary for future technology. We courts agree that they have supported The Young amendment, as the gen- should adopt this overwhelmingly if the protections, including protections tleman has explained, derives from his you’re thinking of the Nation instead for those holding valid existing min- interest in having road access for min- of an interest group. eral rights. This amendment is not nec- eral development in Alaska. Both the I yield back the balance of my time. essary, and I urge its defeat. Forest Service and the Bureau of Land The Acting CHAIR. The question is I reserve the balance of my time. Management—I repeat—say that the on the amendment offered by the gen- Mr. YOUNG of Alaska. Mr. Chair- current policy does not prevent the tleman from Alaska (Mr. YOUNG). man, with all due respect, I enjoy peo- mineral developers from accessing de- The question was taken; and the Act- ple from Massachusetts and New Jer- velopment sites. We don’t need to over- ing Chair announced that the ayes ap- sey talking about my State. It really turn a well-debated, well-litigated, set- peared to have it. always excites me that they really tled matter of the roadless rule. Mr. HOLT. Mr. Chair, I demand a re- know a lot. They know nothing. Just to be clear, the amendment that corded vote. This roadless area was open for min- the gentleman from Alaska offers The Acting CHAIR. Pursuant to ing development; and, actually, exemp- would exempt all areas of identified clause 6 of rule XVIII, further pro- tions of certain rules couldn’t allow it. mineral resources in land use designa- ceedings on the amendment offered by

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11284 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 the gentleman from Alaska will be mental review of its proposed This is, as he said in his opening re- postponed. NorthMet copper and nickel mine back mark: simply a commonsense approach AMENDMENT NO. 5 OFFERED BY MR. CRAVAACK in 2005. Since then, the company has that those that are in the process now The Acting CHAIR. It is now in order invested over $40 million for EIS in- should avail themselves of potential to consider amendment No. 5 printed in quiries. That is 7 years and counting changes in law. House Report 112–590. for just environmental reviews. An- It is an excellent amendment, and I Mr. CRAVAACK. Mr. Chairman, I other project that is just getting under support it. have an amendment at the desk. way in the Eighth District is the Twin Mr. CRAVAACK. I thank the chair- The Acting CHAIR. The Clerk will Metals project, which will also produce man, and I reserve the balance of my designate the amendment. thousands of Minnesota jobs for both time. The text of the amendment is as fol- construction and long-term operations. Mr. MARKEY. Mr. Chairman, I rise lows: In a 2009 study, the University of in opposition to this amendment. Page 7, after line 22, insert the following: Minnesota-Duluth found that more The Acting CHAIR. The gentleman (h) This section shall apply with respect to than 12,000 Minnesota construction from Massachusetts is recognized for 5 a mineral exploration or mine permit for jobs will be created in Minnesota if all minutes. which an application was submitted before strategic metal mining projects cur- Mr. MARKEY. This bill is ostensibly the date of the enactment of this Act if the rently under study move forward. a bill that is supposed to be discussing applicant for the permit submits a written rare Earth. It’s supposed to be dis- request to the lead agency for the permit. b 1110 The lead agency shall begin implementing cussing strategic minerals that we can this section with respect to such application In 2009, the UMD study also esti- use in our competition to produce high- within 30 days after receiving such written mated that more than 5,000 direct long- tech products that we’re competing request. term Minnesota mining jobs will be with the Chinese and others in order to The Acting CHAIR. Pursuant to created when all strategic metal min- produce in our country. House Resolution 726, the gentleman ing projects currently under study be- The kinds of strategic materials that from Minnesota (Mr. CRAVAACK) and a come operational. we’re talking about are scandium, ce- Member opposed each will control 5 Minnesota needs these jobs, and the rium, europium, and terbium. These minutes. country needs the minerals that these are not minerals that people ordinarily The Chair recognizes the gentleman mines produce, and everyone needs a hear about. And from the high-tech from Minnesota. definitive permitting timeline that is manufacturing sector, we hear that Mr. CRAVAACK. Today, I rise in sup- reliable. Unfortunately, PolyMet is not they’re central to their ability to be port of my amendment, as well as in a unique project. Seven years and $40 able to compete. support of the underlying bill. million is not even the worst example What the underlying bill would do is H.R. 4402 is a commonsense, pro- of inefficient permitting. Many other to reduce or eliminate the proper re- growth piece of legislation that would mining projects have been stalled for view of mining operations on public simply facilitate a timely permitting even longer due to inefficient and, at lands for virtually all types of min- process for very important mining times, an agenda-driven permitting erals; not just for those rare Earths projects throughout the United States. process. that I just mentioned, but also for The United States cannot continue Another example is the Montanore gold, silver, uranium, and things like to depend on foreign countries to sup- mine in Montana. It has been in the sand and gravel that are clearly—I ply critical precious and rare Earth permitting process since 2003. The think we should all be able to agree metals. This is a vital strategic dis- Montanore project was previously per- upon the fact that sand and gravel are advantage to the security of the United mitted by the State of Montana, the not strategic minerals for our country. States. What happens if, one day, a U.S. Forest Service, and other cooper- They’re plentiful. They’re available. supplying country decides it doesn’t ating Federal agencies in 1993, fol- We don’t need to be watering down en- want to export or decides to restrict lowing a full EIS process. The company vironmental laws in our attempt to be precious metals? What if our sea lanes chose not to proceed with the project able to have enough sand and gravel become controlled by those who are until 2003 and has been working to ob- and clay in the United States of Amer- not friendly to the United States? tain the same Federal permits since ica. These mines are not something we can that time. This amendment would not only turn on and off at the flip of a switch. Mr. Chairman, I could give example allow for insufficient review for future These mines are multi-million if not after example of how inefficient and mining operations, it would allow min- billion, dollar projects that take years onerous our Federal permitting process ing operations that are currently being of capital investment just to get going. is, but there’s just not enough time to reviewed to also escape proper scru- This bill is as much a strategic defense do so. These multiyear delays in proc- tiny. Even worse, this amendment is bill as it is a jobs bill. According to a essing Federal permits for many good drafted in such a way that it could po- University of Minnesota-Duluth study, projects are impeding thousands of tentially even apply to mining oper- 2.5 ancillary jobs are produced for jobs, massive investments across the ations that already have been ap- every mining job. These are good-pay- country, and are blocking domestic proved. ing jobs that we cannot afford to lose. production of much-needed rare Earth Following environmental review, My amendment will also allow min- strategic and critical precious metals. mines sometimes have to put in place ing projects that have already applied This amendment would ensure that mitigation measures to protect the for a permit and are currently in the these projects, like all future projects, public health and the environment. permitting process access to the new are given a firm timeline that commu- Under this amendment, there is the po- expedited procedures. My amendment nities can count on while, at the same tential that those companies could falls along the same commonsense time, more than addressing concerns. seek to have those mitigation meas- thinking that the underlying bill I urge passage of this amendment and ures thrown out. In an effort to save comes from, which is that 30 months is the underlying bill. potentially millions of dollars, I under- plenty of time to complete the total re- Mr. HASTINGS of Washington. Will stand what the company is trying to view process for permitting a mine. the gentleman yield? do. That might be good for that com- Currently, there are numerous projects Mr. CRAVAACK. I will be happy to pany, but it’s not good for the environ- in the permitting pipeline that have yield to the gentleman from Wash- ment or for the American people who taken way too long and that still have ington. already have mitigation agreements in no definitive end in sight. Mr. HASTINGS of Washington. I place to protect against the mining One such project is in my district. thank the gentleman for his amend- company endangering the health, the PolyMet Mining initiated an environ- ment. well-being, and the water table of the

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11285 area where the mining is going on. It AMENDMENT NO. 6 OFFERED BY MR. HASTINGS ability of the permitting process only wouldn’t just cover europium; it would OF FLORIDA by stifling access to the courts. cover, potentially, gravel, sand, and The Acting CHAIR. It is now in order Mr. Chairman, my amendment cre- other elements that clearly don’t need to consider amendment No. 6 printed in ates an exception for the awarding of that kind of protection. House Report 112–590. attorneys’ fees to successful challenges This amendment would likely invite Mr. HASTINGS of Florida. Mr. Chair- submitted by either individual citizens a hailstorm of litigation, which I would man, I have an amendment at the desk. or nonprofit entities so that justice in think that my colleagues on the other The Acting CHAIR. The Clerk will this country is not reserved for only side would like to avoid. I would also designate the amendment. those who can afford the hefty en- like to think that my colleagues on the The text of the amendment is as fol- trance fee. other side would rather have the De- lows: I reserve the balance of my time. partment of the Interior, the Forest Page 10, line 4, before ‘‘Sections’’ insert Mr. HASTINGS of Washington. I rise Service, and other Federal agencies ‘‘(a) IN GENERAL.—’’. in opposition to the amendment. continue to move forward to approve Page 10, after line 9, add the following: The Acting CHAIR. The gentleman new mines, not be bogged down reliti- (b) LIMITATION ON APPLICATION.—Sub- from Washington is recognized for 5 section (a) does not apply to a covered civil gating mines that have already been minutes. action filed by— Mr. HASTINGS of Washington. I approved. (1) a not-for-profit organization described This amendment makes a bad bill in section 501(c)(3) of the Internal Revenue yield 3 minutes to the gentleman from even worse and would have a number of Code of 1986 and exempt from tax under sec- Arizona (Mr. QUAYLE). unintended consequences that could in- tion 501(a) of such Code; or Mr. QUAYLE. I thank the gentleman vite litigation and actually delay the (2) an individual. for yielding. approval of future mines. The Acting CHAIR. Pursuant to Mr. Chairman, I oppose this amend- I urge defeat of the amendment, and House Resolution 726, the gentleman ment, because it would have allowed I reserve the balance of my time. from Florida (Mr. HASTINGS) and a ideological special interest groups to Mr. CRAVAACK. Mr. Chairman, I in- Member opposed each will control 5 block mining permits through lawsuits quire as to the time I have remaining. minutes. funded by taxpayer dollars. The Acting CHAIR. The gentleman The Chair recognizes the gentleman The Equal Access to Justice to Act of from Minnesota has 30 seconds remain- from Florida. 1980 is a law in need of reform. Recog- ing. Mr. HASTINGS of Florida. Mr. Chair- nizing the Federal Government’s vast Mr. CRAVAACK. Mr. Chairman, I man, this bill is an irresponsible give- resources, it was intended to help pro- would just like to remind our col- away to the mining industry that has tect small businesses, charities and or- leagues that mines aren’t just per- taken enormous profits at American dinary Americans from unreasonable mitted and then forgotten. They’re taxpayer expense. litigation or administrative pro- constantly monitored. One section in particular is ex- ceedings. The precious metals we’re talking tremely disturbing. Section 205 of the To this end, the EAJA allows individ- about go into our cell phones, our com- bill eliminates awarding of attorneys’ uals with a net worth of under $2 mil- puters, our weaponry, and even our fees to litigants bringing successful lion and businesses worth less than $7 catalytic converters. We need these legal challenges against certain agen- million to collect attorneys’ fees up to materials now, and we cannot be held cies’ actions, like the issuance of a $125 per hour. Last year the Judiciary ransom by China. May I remind you, mining permit. Committee Subcommittee on Courts, 600 pounds of copper goes into every Eliminating the possibility of fee Commercial and Administrative Law windmill. shifting makes litigation prohibitively held a hearing on the need for EAJA With that, Mr. Chairman, I yield expensive for groups and individuals reform. back the balance of my time. that don’t have the deep pockets of The subcommittee learned that par- Mr. MARKEY. Mr. Chairman, I yield large corporate entities. Indeed, the ticular groups, particularly environ- myself the balance of my time. whole reason fee shifting exists in the mental organizations, are aggressively Again, I understand the business plan first place is so that a party does not exploiting the EAJA. The EAJA ex- here of these mining interests that have to be wealthy in order to file a empts all not-for-profit organizations don’t even pay royalties to drill on the lawsuit. from the net worth cap, and it allows Federal lands of our country. Let’s just Justice should be accessible to all, attorneys’ fees over $125 per hour if a continue this business plan. That’s regardless of their individual financial special factor justifies such an award. what they’re saying to themselves. circumstances. Eliminating the award- Well-heeled environmental organiza- Maybe we can get it out of this Repub- ing of attorneys’ fees means that the tions take full advantage of these pro- lican Congress. So, in addition to not traditional parties for these kinds of visions to collect large awards for at- paying, let’s also have rules that say lawsuits, such as nearby landowners, torneys’ fees. For example, the Center we’re going to water down the environ- small business owners, and environ- for Food Safety recently awarded more mental laws, as well, not only for euro- mental groups, will no longer be reim- than $2.6 million under the EAJA, with pium and cerium and other rare bursed for the cause of successfully its lead counsel compensated at a rate Earths, but also for sand and for gravel litigating a claim. of $650 per hour. It’s a good gig if you and for clay. I understand. That’s a The only reason to eliminate this fee can get it. great business plan. shifting is to discourage parties from Simply by reviewing public court It’s not for the American people. filing these kinds of suits. records, a witness of the subcommit- They get watered-down environmental Who is the biggest beneficiary of re- tee’s hearing found that 20 environ- laws, and they also don’t even get paid ducing the number of permit chal- mental organizations collected $5.8 the royalties on the Federal lands of lenges? The permit-holding mine com- million in fees between September 1, our country. It’s just one big, bad deal panies, of course. Since litigation can 2009, and August 31, 2010. for the United States taxpayers, and I be extremely expensive, these cash- The EAJA was meant to help give urge a ‘‘no’’ vote on this amendment. strapped plaintiffs usually only bring small businesses, charities, and ordi- With that, I yield back the balance of those lawsuits with the most likeli- nary citizens a fighting chance against my time. hood of success because they literally the Federal Government. Considering The Acting CHAIR. The question is cannot afford to lose. the pressing need for reform, the Na- on the amendment offered by the gen- tional Strategic and Critical Minerals tleman from Minnesota (Mr. b 1120 Production Act of 2012 was wisely writ- CRAVAACK). Eliminating the awarding of attor- ten to prevent any organization or The amendment was agreed to. neys’ fees will increase the predict- straw man plaintiff who was a member

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11286 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 of and whose attorneys may be paid by lead agency determines would diminish op- ment the previous month to the hunt- such an organization from slowing portunities for hunting, fishing, grazing, or ing and angling communities. down the permitting process or advanc- recreation on public lands. My amendment would in no way ing its ideological agenda in court The Acting CHAIR. Pursuant to hamper mining on Federal lands. It using public money. House Resolution 726, the gentleman would simply reaffirm that we should Now, of course, they can still bring from Arizona (Mr. GRIJALVA) and a not bury the other important uses of suit, but not on the taxpayers’ dime. Member opposed each will control 5 our public lands below energy develop- For these reasons, I oppose this minutes. ment, as the underlying bill would do. amendment. The Chair recognizes the gentleman Our public lands belong to the Amer- Mr. HASTINGS of Florida. Mr. Chair- from Arizona. ican people and have many important man, I have no further speakers, and I Mr. GRIJALVA. Mr. Chairman, my uses. We should not undermine the yield back the balance of my time. amendment states that nothing in this ability of the American people to hunt Mr. HASTINGS of Washington. May I bill should diminish opportunities for and fish on public lands by destroying inquire how much time remains? hunting, fishing, grazing, or recreation the current law. The Acting CHAIR. The gentleman on public lands. I can’t get my head around the idea 1 from Washington has 2 ⁄2 minutes re- H.R. 4402 would elevate the interests that the mining industry will have maining. of the mining industry above all oth- first use above all other uses on our Mr. HASTINGS of Washington. I ers. This legislation contains language public lands while paying no royalties yield myself the balance of my time. requiring that the priority of the Fed- to the American taxpayer. On top of I just want to make a point here. The eral Government ‘‘shall be to maximize that, the bulk of the resources taken Natural Resources Committee I have the development of the mineral re- from our public lands is exported the privilege to chair has been inves- sources, while mitigating environ- worldwide to countries like China. tigating the payment of attorneys’ fees mental impacts, so that more of the Multinational mining companies get and court costs to revolving door plain- mineral resources can be brought to our resources free of charge while visi- tiffs in environmental lawsuits. the marketplace.’’ tors have to pay a user fee to use some For example, we have learned that This legislation would put mineral based on information that’s supplied by of our public lands. Now their needs are extraction on public lands above all not as important to the Republicans as the Department of Justice, over $2 mil- other uses, jeopardizing hunting, fish- lion in taxpayer dollars have been paid free access for the mining interests in ing, livestock grazing, outdoor recre- this country. to a single organization, the Center for ation, and many other critical uses of Biological Diversity, and they have It’s very sad and ironic. I would urge our public lands. a ‘‘yes’’ vote on my amendment to done that for 50 lawsuits that have When open pits cover the American been filed under a single environmental maintain a balance for the American West, tourists to Arizona may have an- people in their use of their public statute. other Grand Canyon to visit. This This organization, which would qual- lands. time, instead of marveling at the geo- With that, I reserve the balance of ify, by the way, for payments if the logic forces that over the courses of gentleman from Florida’s amendment my time. millions of years shaped one of the Na- Mr. HASTINGS of Washington. I rise is adopted, they have offices in 15 tion’s most awe-inspiring sites, they States and they pay their executive di- in opposition to this amendment. will be forced to ponder chains of man- The Acting CHAIR. The gentleman rector in the six figures. The question made chasms left behind by unaccount- arises: Why should taxpayers be paying from Washington is recognized for 5 able mining companies. My amend- minutes. for their attorneys? ment will make sure that other impor- It seems like these lawsuit-happy en- Mr. HASTINGS of Washington. I tant uses are not pushed aside, that all vironmental groups make a living from yield myself such time as I may con- Americans continue to have access to suing the Federal Government. When sume. their public lands. they sue the Federal Government, they Mr. Chairman, this is an anti-mining, In fact earlier this week the Depart- divert resources from the Federal Gov- anti-jobs amendment, and it is not a ment of the Interior issued a report on ernment to carry out its statutory du- pro-sportsman amendment. the agency’s economic contributions to ties when it comes to environmental I believe strongly in multiple uses of the Nation. Many of these contribu- issues or permitting issues or what- our Federal lands. It is something that tions come from uses other than min- ever. I think that this amendment is ill as chairman of the Natural Resources ing. In 2011, there were over 435 million advised by singling out some people Committee, I take very, very seriously, recreational visits to Interior-managed that should not be covered. and multiple means economic activity lands. This activity contributed $48.7 I urge rejection of this amendment, and recreational activity. billion in economic activity and sup- and I yield back the balance of my ported approximately 403,000 jobs na- b 1130 time. The Acting CHAIR. The question is tionwide, including 14,000 jobs in my Earlier this year, this House worked on the amendment offered by the gen- home State of Arizona. By elevating to promote legislation advocating the interests of mining companies hunting and fishing on Federal lands. tleman from Florida (Mr. HASTINGS). The amendment was rejected. above hunters, anglers, and ranchers, It was primarily aimed at promoting as H.R. 4402 would do, we threaten that and protecting sportsmen’s access to AMENDMENT NO. 7 OFFERED BY MR. GRIJALVA Federal lands. Sportsmen’s access in- The Acting CHAIR. It is now in order revenue that local communities have cludes hunting and fishing. This bill to consider amendment No. 7 printed in come to rely on. Last month we considered so-called had strong bipartisan support from House Report 112–590. Mr. GRIJALVA. Mr. Chairman, I urgent legislation from the majority most of America’s sportsmen’s organi- have an amendment at the desk. here on the House floor that was billed zations, and it received strong bipar- The Acting CHAIR. The Clerk will as vitally necessary to protect hunting tisan support here in this body. How- designate the amendment. and fishing on public lands. Now my ever, Mr. Chairman, I must note that The text of the amendment is as fol- colleagues on the other side of the aisle the sponsor of this amendment, my lows: are doing just the opposite by elevating good friend from Arizona, opposed that Add at the end the following: mining on our public lands above hunt- bill that was for hunting and fishing TITLE III—MISCELLANEOUS PROVISIONS ing and fishing. It seems that when the for sportsmen. majority was fishing around for new Federal Land Management allows SEC. 301. PROTECTION OF HUNTING, FISHING, GRAZING, AND RECREATION. sweetheart deals and ways to help the one use to be disrupted to ensure that This Act shall not apply with respect to mining, oil, and gas industry, they de- we make the best and highest use of any mineral exploration or mining permit a cided to forget about their commit- our lands. That’s common sense. If the

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If a com- for hunting, fishing, and recreational not voting 18, as follows: pany disturbs an acre here, they can shooting. All the Grijalva amendment [Roll No. 462] mitigate that with an acre there. The says is let’s protect that little area. amendment completely ignores that This is a bad bill to hunters, anglers, AYES—162 reality. and ranchers, and I urge support of the Andrews Green, Gene Pelosi Baca Grijalva Perlmutter So we should call this amendment for Grijalva amendment to H.R. 4402 to Baldwin Hahn Peters what it is. It’s an attempt to stop min- protect our access to public lands. Barber Hanabusa Pingree (ME) ing on Federal lands, which, of course, Mr. HASTINGS of Washington. I Bass (CA) Hastings (FL) Polis will make us more dependent on for- yield myself the balance of my time. Becerra Heinrich Price (NC) I would just simply say that this is Berkley Higgins Quigley eign minerals. This amendment con- Berman Himes Rahall tradicts the express purpose of this leg- an amendment, as I mentioned in my Bishop (NY) Hinchey Rangel islation, which is to require the lead earlier remarks, that simply is anti- Blumenauer Hinojosa Reyes mining at its best, because there is, in Bonamici Hirono Richardson agency responsible for permitting stra- Brady (PA) Holt current law, a procedure for giving Richmond tegic and critical mineral exploration Braley (IA) Honda Rothman (NJ) and mining projects to reduce the per- higher access to certain activities and Brown (FL) Hoyer Roybal-Allard mitting timelines through better co- then there is the mitigation process. Butterfield Israel Ruppersberger Capps Johnson (GA) Ryan (OH) ordination. This amendment would em- But to suggest that this is something Capuano Johnson, E. B. Sa´ nchez, Linda that would protect sportsmen defies Carnahan Kaptur power a Federal agency to unilaterally T. Carney Keating choose to red-tape another process that logic. As a matter of fact, Mr. Chair- Sanchez, Loretta Carson (IN) Kildee man, the NRA has come out against Sarbanes can take—which we’ve seen in the Castor (FL) Kind Schakowsky past—up to a decade long to complete a the Grijalva amendment. Chu Kucinich Schiff So with that, I urge a ‘‘no’’ vote on Cicilline Langevin permitting process. Schrader As a matter of fact, I might say, Mr. the amendment, and I yield back the Clarke (MI) Larsen (WA) Clarke (NY) Larson (CT) Schwartz Chairman, the only effect of this balance of my time. Clay Lee (CA) Scott (VA) amendment and other amendments The Acting CHAIR. The question is Cleaver Levin Scott, David on the amendment offered by the gen- Clyburn Lewis (GA) Serrano that we’ve heard is to protect bureau- Sewell tleman from Arizona (Mr. GRIJALVA). Cohen Lipinski cratic red tape, which is what the un- Conyers Loebsack Sherman derlying bill wants to streamline. It The question was taken; and the Act- Cooper Lofgren, Zoe Shuler makes sense. But every amendment ing Chair announced that the noes ap- Courtney Luja´ n Sires peared to have it. Crowley Lynch Slaughter we’ve heard coming from the other side Smith (WA) Mr. GRIJALVA. Mr. Chairman, I de- Cummings Maloney seems to want to protect that point. Davis (CA) Markey Speier So this amendment falls under that mand a recorded vote. Davis (IL) Matsui Stark same category. It does not deserve our The Acting CHAIR. Pursuant to DeFazio McCarthy (NY) Sutton clause 6 of rule XVIII, further pro- DeGette McCollum Thompson (CA) support. I urge rejection, and I reserve Thompson (MS) ceedings on the amendment offered by DeLauro McDermott the balance of my time. Deutch McGovern Tierney Mr. GRIJALVA. Mr. Chairman, can I the gentleman from Arizona will be Dingell McNerney Tonko inquire as to how much time is remain- postponed. Doggett Meeks Towns Doyle Michaud Tsongas ANNOUNCEMENT BY THE ACTING CHAIR ing? Edwards Miller (NC) Van Hollen The Acting CHAIR. The gentleman The Acting CHAIR. Pursuant to Ellison Miller, George Vela´ zquez from Arizona has 11⁄2 minutes remain- clause 6 of rule XVIII, proceedings will Engel Moore Visclosky ing. now resume on those amendments Eshoo Moran Walz (MN) Farr Murphy (CT) Wasserman Mr. GRIJALVA. I yield the balance printed in House Report 112–590 on Fattah Nadler Schultz of my time to my good friend from New which further proceedings were post- Filner Napolitano Waters Mexico and a member of the Natural poned, in the following order: Frank (MA) Neal Watt Fudge Olver Waxman Resources Committee, Mr. LUJA´ N. Amendment No. 1 by Mr. TONKO of ´ Garamendi Pallone Wilson (FL) Mr. LUJAN. This amendment is New York. Gonzalez Pascrell Woolsey straightforward. It’s about protecting Amendment No. 2 by Mr. HASTINGS of Green, Al Pastor (AZ) Yarmuth hunting and fishing. That’s how simple Florida. NOES—251 this is. Sadly, a similar amendment Amendment No. 3 by Mr. MARKEY of Adams Boustany Crenshaw was rejected by the Rules Committee, Massachusetts. Aderholt Brady (TX) Critz who had a similar debate over oil and Amendment No. 4 by Mr. YOUNG of Alexander Brooks Cuellar gas leasing. But I rise in strong support Alaska. Altmire Broun (GA) Culberson of the Grijalva amendment, and I urge Amendment No. 7 by Mr. GRIJALVA of Amash Buchanan Davis (KY) Amodei Bucshon Denham my Republican colleagues to take a Arizona. Austria Buerkle Dent step back and consider the true im- The Chair will reduce to 2 minutes Bachmann Burgess DesJarlais pacts their policies are having on pub- the minimum time for any electronic Bachus Burton (IN) Diaz-Balart vote after the first vote in this series. Barletta Calvert Dold lic lands. Barrow Camp Donnelly (IN) Public lands are just that: lands for AMENDMENT NO. 1 OFFERED BY MR. TONKO Bartlett Campbell Dreier the public to enjoy and use for the The Acting CHAIR. The unfinished Barton (TX) Canseco Duffy great benefits that they provide. Gen- business is the demand for a recorded Bass (NH) Cantor Duncan (SC) Benishek Capito Duncan (TN) erations of New Mexicans have used vote on the amendment offered by the Berg Carter Ellmers our State lands for hunting, fishing, gentleman from New York (Mr. TONKO) Biggert Cassidy Emerson recreation, and grazing. Mineral devel- on which further proceedings were Bilbray Chabot Farenthold Bilirakis Chaffetz Fincher opment is important, but let’s do it postponed and on which the noes pre- Bishop (GA) Chandler Fitzpatrick where it makes sense. vailed by voice vote. Black Coffman (CO) Flake We have seen bill after bill on this The Clerk will redesignate the Blackburn Cole Fleischmann floor that are giveaways to Big Oil amendment. Bonner Conaway Fleming Bono Mack Costello Flores companies, mining companies, and cor- The Clerk redesignated the amend- Boren Cravaack Forbes porate interests that don’t consider the ment. Boswell Crawford Fortenberry

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Foxx Latta Rogers (AL) RECORDED VOTE Fleischmann Latham Roe (TN) Franks (AZ) Lewis (CA) Rogers (KY) The Acting CHAIR. A recorded vote Fleming LaTourette Rogers (AL) Frelinghuysen LoBiondo Rogers (MI) Flores Latta Rogers (KY) Gardner Long Rohrabacher has been demanded. Forbes Lewis (CA) Rogers (MI) Garrett Lucas Rokita A recorded vote was ordered. Fortenberry LoBiondo Rohrabacher Gerlach Luetkemeyer Rooney The Acting CHAIR. This will be a 2- Foxx Long Rokita Gibbs Lungren, Daniel Franks (AZ) Lucas Ros-Lehtinen minute vote. Rooney Gibson E. Roskam Frelinghuysen Luetkemeyer Ros-Lehtinen Gingrey (GA) Mack Ross (AR) The vote was taken by electronic de- Gardner Lungren, Daniel Roskam Gohmert Manzullo Ross (FL) vice, and there were—ayes 162, noes 252, Garrett E. Ross (AR) Goodlatte Marchant Gerlach Royce Mack Ross (FL) Gosar Marino not voting 17, as follows: Gibbs Manzullo Runyan Royce Gowdy Matheson [Roll No. 463] Gibson Marchant Ryan (WI) Runyan Granger McCarthy (CA) Gingrey (GA) Marino Scalise AYES—162 Ryan (WI) Graves (GA) McCaul Gohmert Matheson Scalise Schilling Andrews Gonzalez Pascrell Graves (MO) McClintock Goodlatte McCarthy (CA) Schilling Schmidt Baca Green, Al Pastor (AZ) Griffin (AR) McHenry Gosar McCaul Schmidt Schock Baldwin Green, Gene Pelosi Griffith (VA) McIntyre Gowdy McClintock Schock Schweikert Barber Grijalva Perlmutter Grimm McKeon Granger McHenry Schrader Guinta McKinley Scott (SC) Bass (CA) Hahn Peters Graves (GA) McIntyre Schweikert Guthrie McMorris Scott, Austin Becerra Hanabusa Pingree (ME) Graves (MO) McKeon Scott (SC) Hall Rodgers Sensenbrenner Berkley Hastings (FL) Polis Griffin (AR) McKinley Scott, Austin Hanna Meehan Sessions Berman Heinrich Griffith (VA) McMorris Price (NC) Sensenbrenner Harper Mica Shimkus Bishop (NY) Himes Grimm Rodgers Quigley Sessions Harris Miller (FL) Shuster Blumenauer Hinchey Guinta Meehan Rahall Shimkus Hartzler Miller (MI) Simpson Bonamici Hinojosa Guthrie Mica Rangel Shuler Hastings (WA) Miller, Gary Smith (NE) Brady (PA) Hirono Hall Miller (FL) Reyes Shuster Hayworth Mulvaney Smith (NJ) Braley (IA) Holt Harper Miller (MI) Richardson Simpson Heck Myrick Brown (FL) Honda Harris Miller, Gary Smith (TX) Richmond Smith (NE) Hensarling Neugebauer Southerland Butterfield Hoyer Rothman (NJ) Hartzler Mulvaney Capps Israel Smith (NJ) Herger Noem Stearns Roybal-Allard Hastings (WA) Murphy (PA) Capuano Johnson (GA) Smith (TX) Herrera Beutler Nugent Stivers Ruppersberger Hayworth Myrick Carnahan Johnson, E. B. Southerland Hochul Nunes Stutzman Ryan (OH) Heck Neugebauer Carney Kaptur Stearns Holden Nunnelee Sullivan Sa´ nchez, Linda Hensarling Noem Carson (IN) Keating Stivers Huelskamp Olson Terry T. Herger Nugent Castor (FL) Kildee Stutzman Huizenga (MI) Owens Thompson (PA) Sanchez, Loretta Herrera Beutler Nunes Chandler Kind Sullivan Hultgren Palazzo Thornberry Sarbanes Higgins Nunnelee Hunter Paul Chu Kissell Hochul Terry Tiberi Schakowsky Olson Hurt Paulsen Cicilline Kucinich Holden Owens Thompson (PA) Tipton Schiff Issa Pearce Clarke (MI) Langevin Huelskamp Palazzo Thornberry Turner (NY) Schwartz Johnson (IL) Pence Clarke (NY) Larsen (WA) Huizenga (MI) Paul Tiberi Turner (OH) Scott (VA) Johnson (OH) Peterson Clay Larson (CT) Hultgren Paulsen Tipton Upton Scott, David Johnson, Sam Petri Cleaver Lee (CA) Hunter Pearce Turner (NY) Walberg Serrano Jones Pitts Clyburn Levin Hurt Pence Turner (OH) Sewell Jordan Platts Walden Cohen Lewis (GA) Issa Peterson Upton Sherman Kelly Poe (TX) Walsh (IL) Connolly (VA) Lipinski Johnson (IL) Petri Walberg Sires King (IA) Pompeo Webster Conyers Loebsack Johnson (OH) Pitts Walden Slaughter King (NY) Posey West Cooper Lofgren, Zoe Johnson, Sam Platts Walsh (IL) Smith (WA) Kingston Price (GA) Westmoreland Courtney Luja´ n Jones Poe (TX) Webster Kinzinger (IL) Quayle Whitfield Crowley Lynch Speier Jordan Pompeo West Kissell Reed Wilson (SC) Cummings Maloney Stark Kelly Posey Westmoreland Kline Rehberg Wittman Davis (CA) Markey Sutton King (IA) Price (GA) Whitfield Labrador Reichert Wolf Davis (IL) Matsui Thompson (CA) King (NY) Quayle Wilson (SC) Lamborn Renacci Womack DeFazio McCarthy (NY) Thompson (MS) Kingston Reed Wittman Lance Ribble Woodall DeGette McCollum Tierney Kinzinger (IL) Rehberg Wolf Landry Rigell Yoder DeLauro McDermott Tonko Kline Reichert Womack Lankford Rivera Young (AK) Deutch McGovern Towns Labrador Renacci Woodall Latham Roby Young (FL) Dingell McNerney Tsongas Lamborn Ribble Yoder LaTourette Roe (TN) Young (IN) Doggett Meeks Van Hollen Lance Rigell Young (AK) Doyle Michaud Visclosky Landry Rivera Young (FL) NOT VOTING—18 Edwards Miller (NC) Walz (MN) Lankford Roby Young (IN) Ackerman Dicks Lowey Ellison Miller, George Wasserman Schultz NOT VOTING—17 Akin Gallegly Lummis Engel Moore Waters Bishop (UT) Gutierrez Murphy (PA) Eshoo Moran Ackerman Gallegly Lowey Farr Murphy (CT) Watt Cardoza Jackson (IL) Rush Akin Gutierrez Lummis Fattah Nadler Waxman Coble Jackson Lee Welch Bishop (UT) Hanna Rush Connolly (VA) (TX) Filner Napolitano Welch Cardoza Jackson (IL) Vela´ zquez Costa Jenkins Frank (MA) Neal Wilson (FL) Coble Jackson Lee Fudge Olver Woolsey Costa (TX) Garamendi Pallone Yarmuth Dicks Jenkins b 1158 NOES—252 b 1203 Messrs. FRELINGHUYSEN, Adams Boren Costello Mr. TURNER of Ohio changed his MCINTYRE and TURNER of Ohio Aderholt Boswell Cravaack Alexander Boustany Crawford vote from ‘‘aye’’ to ‘‘no.’’ changed their vote from ‘‘aye’’ to ‘‘no.’’ Mr. WELCH changed his vote from So the amendment was rejected. Altmire Brady (TX) Crenshaw Amash Brooks Critz ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced Amodei Broun (GA) Cuellar So the amendment was rejected. as above recorded. Austria Buchanan Culberson The result of the vote was announced Bachmann Bucshon Davis (KY) AMENDMENT NO. 2 OFFERED BY MR. HASTINGS Bachus Buerkle Denham as above recorded. OF FLORIDA Barletta Burgess Dent AMENDMENT NO. 3 OFFERED BY MR. MARKEY The Acting CHAIR. The unfinished Barrow Burton (IN) DesJarlais The Acting CHAIR. The unfinished business is the demand for a recorded Bartlett Calvert Diaz-Balart Barton (TX) Camp Dold business is the demand for a recorded vote on the amendment offered by the Bass (NH) Campbell Donnelly (IN) vote on the amendment offered by the gentleman from Florida (Mr. HASTINGS) Benishek Canseco Dreier gentleman from Massachusetts (Mr. Berg Cantor Duffy on which further proceedings were MARKEY) on which further proceedings Biggert Capito Duncan (SC) postponed and on which the noes pre- Bilbray Carter Duncan (TN) were postponed and on which the noes vailed by voice vote. Bilirakis Cassidy Ellmers prevailed by voice vote. The Clerk will redesignate the Bishop (GA) Chabot Emerson The Clerk will redesignate the amendment. Black Chaffetz Farenthold Blackburn Coffman (CO) Fincher amendment. The Clerk redesignated the amend- Bonner Cole Fitzpatrick The Clerk redesignated the amend- ment. Bono Mack Conaway Flake ment.

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RECORDED VOTE Flake Lance Rivera RECORDED VOTE Fleischmann Landry Roby The Acting CHAIR. A recorded vote Fleming Lankford Roe (TN) The Acting CHAIR. A recorded vote has been demanded. Flores Latham Rogers (AL) has been demanded. A recorded vote was ordered. Forbes LaTourette Rogers (KY) A recorded vote was ordered. The Acting CHAIR. This will be a 2- Fortenberry Latta Rogers (MI) Foxx Lewis (CA) Rohrabacher The Acting CHAIR. This will be a 2- minute vote. Franks (AZ) LoBiondo Rokita minute vote. The vote was taken by electronic de- Frelinghuysen Long Rooney vice, and there were—ayes 163, noes 253, Gardner Lucas Ros-Lehtinen The vote was taken by electronic de- not voting 15, as follows: Garrett Luetkemeyer Roskam vice, and there were—ayes 238, noes 178, Gerlach Lungren, Daniel Ross (AR) not voting 15, as follows: [Roll No. 464] Gibbs E. Ross (FL) AYES—163 Gingrey (GA) Mack Royce [Roll No. 465] Gohmert Manzullo Runyan Andrews Gibson Pastor (AZ) Goodlatte Marchant Ryan (WI) AYES—238 Baca Gonzalez Pelosi Gosar Marino Scalise Adams Gohmert Nugent Bachmann Green, Al Peters Gowdy Matheson Schilling Aderholt Goodlatte Nunes Baldwin Green, Gene Petri Granger McCarthy (CA) Schmidt Alexander Gosar Nunnelee Barber Grijalva Pingree (ME) Graves (GA) McCaul Schock Altmire Gowdy Olson Bass (CA) Gutierrez Polis Graves (MO) McClintock Schweikert Amash Granger Palazzo Becerra Hahn Price (NC) Griffin (AR) McHenry Scott (SC) Amodei Graves (GA) Paul Berman Hanabusa Quigley Griffith (VA) McIntyre Scott, Austin Austria Graves (MO) Paulsen Bishop (NY) Hastings (FL) Rahall Grimm McKeon Sensenbrenner Bachmann Green, Gene Pearce Blumenauer Heinrich Rangel Guinta McKinley Sessions Bachus Griffin (AR) Pence Bonamici Himes Reyes Guthrie McMorris Shimkus Barletta Griffith (VA) Peterson Boswell Hinchey Richardson Hall Rodgers Shuler Bartlett Grimm Petri Brady (PA) Holt Richmond Hanna Meehan Shuster Barton (TX) Guinta Pitts Braley (IA) Honda Rothman (NJ) Harper Mica Simpson Bass (NH) Guthrie Platts Brown (FL) Hoyer Roybal-Allard Harris Miller (FL) Smith (NE) Benishek Hall Poe (TX) Butterfield Israel Ruppersberger Hartzler Miller (MI) Smith (NJ) Berg Hanna Pompeo Capps Johnson (GA) Ryan (OH) Hastings (WA) Miller, Gary Smith (TX) Biggert Harper Posey Capuano Johnson, E. B. Sa´ nchez, Linda Hayworth Mulvaney Southerland Bilbray Harris Price (GA) Carnahan Kaptur T. Heck Murphy (PA) Stearns Bilirakis Hartzler Quayle Carney Keating Sanchez, Loretta Hensarling Myrick Stivers Bishop (GA) Hastings (WA) Reed Carson (IN) Kildee Sarbanes Herger Neugebauer Stutzman Black Hayworth Rehberg Castor (FL) Kind Schakowsky Herrera Beutler Noem Sullivan Blackburn Heck Reichert Chu Kucinich Schiff Higgins Nugent Terry Bonner Hensarling Renacci Cicilline Langevin Schrader Hinojosa Nunes Thompson (PA) Bono Mack Herger Rigell Clarke (MI) Larsen (WA) Schwartz Hochul Nunnelee Thornberry Boren Hirono Rivera Clarke (NY) Larson (CT) Scott (VA) Holden Olson Tiberi Boswell Holden Roby Clay Lee (CA) Scott, David Huelskamp Owens Tipton Boustany Huelskamp Roe (TN) Cleaver Levin Serrano Huizenga (MI) Palazzo Turner (NY) Brady (TX) Huizenga (MI) Rogers (AL) Clyburn Lewis (GA) Sewell Hultgren Paul Turner (OH) Brooks Hultgren Rogers (KY) Cohen Lipinski Sherman Hunter Paulsen Upton Broun (GA) Hunter Rogers (MI) Connolly (VA) Loebsack Sires Hurt Pearce Walberg Buchanan Hurt Rohrabacher Conyers Lofgren, Zoe Slaughter Issa Pence Walden Bucshon Issa Rokita Cooper Luja´ n Smith (WA) Johnson (IL) Perlmutter Walsh (IL) Buerkle Johnson (IL) Rooney Costa Lynch Speier Johnson (OH) Peterson Webster Burgess Johnson (OH) Ros-Lehtinen Courtney Maloney Stark Johnson, Sam Pitts West Burton (IN) Johnson, Sam Roskam Crowley Markey Sutton Jones Platts Westmoreland Calvert Jones Ross (AR) Cummings Matsui Thompson (CA) Jordan Poe (TX) Whitfield Camp Jordan Ross (FL) Davis (CA) McCarthy (NY) Thompson (MS) Kelly Pompeo Wilson (SC) Campbell Kelly Royce Davis (IL) McCollum Tierney King (IA) Posey Wittman Canseco King (IA) Runyan DeGette McDermott Tonko King (NY) Price (GA) Wolf Cantor King (NY) Ryan (WI) DeLauro McGovern Towns Kingston Quayle Womack Capito Kingston Scalise Deutch McNerney Tsongas Kinzinger (IL) Reed Woodall Carney Kinzinger (IL) Schilling Dingell Meeks Van Hollen Kissell Rehberg Yoder Carter Kline Schock Doggett Michaud Vela´ zquez Kline Reichert Young (AK) Cassidy Labrador Schweikert Doyle Miller (NC) Visclosky Labrador Renacci Young (FL) Chaffetz Lamborn Scott (SC) Edwards Miller, George Walz (MN) Lamborn Rigell Young (IN) Coffman (CO) Lance Scott, Austin Ellison Moore Wasserman Cole Landry Sensenbrenner Engel Moran Schultz NOT VOTING—15 Conaway Lankford Sessions Eshoo Murphy (CT) Waters Ackerman Gallegly Lowey Cravaack Latham Shimkus Farr Nadler Watt Akin Hirono Lummis Crawford LaTourette Shuster Fattah Napolitano Waxman Bishop (UT) Jackson (IL) Ribble Crenshaw Latta Simpson Filner Neal Welch Cardoza Jackson Lee Rush Critz Lewis (CA) Smith (NE) Frank (MA) Olver Wilson (FL) Coble (TX) Cuellar LoBiondo Smith (NJ) Fudge Pallone Woolsey Dicks Jenkins Culberson Long Smith (TX) Garamendi Pascrell Yarmuth Davis (KY) Lucas Southerland b 1207 Denham Luetkemeyer Stearns NOES—253 So the amendment was rejected. Dent Lungren, Daniel Stivers Adams Boren Costello DesJarlais E. Stutzman Aderholt Boustany Cravaack The result of the vote was announced Diaz-Balart Mack Sullivan Alexander Brady (TX) Crawford as above recorded. Dold Manzullo Terry Altmire Brooks Crenshaw Stated for: Dreier Marchant Thompson (PA) Amash Broun (GA) Critz Ms. HIRONO. Mr. Chair, on rollcall No. 464, Duffy Marino Thornberry Amodei Buchanan Cuellar the Markey amendment, had I been present, I Duncan (SC) Matheson Tiberi Austria Bucshon Culberson Duncan (TN) McCarthy (CA) Tipton Bachus Buerkle Davis (KY) would have voted ‘‘aye.’’ Ellmers McCaul Turner (NY) Barletta Burgess DeFazio AMENDMENT NO. 4 OFFERED BY MR. YOUNG OF Emerson McClintock Turner (OH) Barrow Burton (IN) Denham ALASKA Farenthold McHenry Upton Bartlett Calvert Dent The Acting CHAIR. The unfinished Fincher McKeon Walberg Barton (TX) Camp DesJarlais Flake McKinley Walden Bass (NH) Campbell Diaz-Balart business is the demand for a recorded Fleischmann McMorris Walsh (IL) Benishek Canseco Dold vote on the amendment offered by the Fleming Rodgers West Berg Cantor Donnelly (IN) gentleman from Alaska (Mr. YOUNG) on Flores Meehan Westmoreland Berkley Capito Dreier Forbes Mica Whitfield Biggert Carter Duffy which further proceedings were post- Fortenberry Miller (FL) Wilson (SC) Bilbray Cassidy Duncan (SC) poned and on which the ayes prevailed Foxx Miller (MI) Wittman Bilirakis Chabot Duncan (TN) by voice vote. Franks (AZ) Miller, Gary Womack Bishop (GA) Chaffetz Ellmers The Clerk will redesignate the Frelinghuysen Mulvaney Woodall Black Chandler Emerson Gardner Murphy (PA) Yoder Blackburn Coffman (CO) Farenthold amendment. Garrett Myrick Young (AK) Bonner Cole Fincher The Clerk redesignated the amend- Gibbs Neugebauer Young (FL) Bono Mack Conaway Fitzpatrick ment. Gingrey (GA) Noem Young (IN)

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NOES—178 JALVA) on which further proceedings Campbell Holden Poe (TX) Canseco Huelskamp Pompeo Andrews Gibson Pascrell were postponed and on which the noes Cantor Huizenga (MI) Posey Baca Gonzalez Pastor (AZ) prevailed by voice vote. Capito Hultgren Price (GA) Baldwin Green, Al Pelosi Carson (IN) Hunter Barber Grijalva The Clerk will redesignate the Quayle Perlmutter Carter Hurt Barrow Gutierrez amendment. Reed Peters Cassidy Issa Bass (CA) Hahn Reichert Pingree (ME) The Clerk redesignated the amend- Chabot Johnson (OH) Becerra Hanabusa Renacci Polis Chaffetz Johnson, Sam Berkley Hastings (FL) ment. Ribble Price (NC) Coffman (CO) Jones Berman Heinrich Rigell Quigley RECORDED VOTE Cole Jordan Bishop (NY) Herrera Beutler Rivera Rahall Conaway Kelly Blumenauer Higgins The Acting CHAIR. A recorded vote Roby Rangel Cravaack King (IA) Bonamici Himes has been demanded. Roe (TN) Reyes Crawford King (NY) Brady (PA) Hinchey Rogers (AL) Richardson A recorded vote was ordered. Crenshaw Kingston Braley (IA) Hinojosa Rogers (KY) Richmond Critz Kinzinger (IL) Brown (FL) Hochul The Acting CHAIR. This will be a 2- Rogers (MI) Rothman (NJ) Culberson Kissell Butterfield Holt minute vote. Rohrabacher Roybal-Allard Davis (KY) Kline Capps Honda Rokita Ruppersberger The vote was taken by electronic de- Denham Labrador Capuano Hoyer Rooney Ryan (OH) vice, and there were—ayes 167, noes 248, Dent Lamborn Carnahan Israel ´ Sanchez, Linda DesJarlais Lance Ros-Lehtinen Carson (IN) Johnson (GA) not voting 16, as follows: T. Diaz-Balart Landry Roskam Castor (FL) Johnson, E. B. Sanchez, Loretta [Roll No. 466] Dold Lankford Ross (AR) Chabot Kaptur Sarbanes Donnelly (IN) Latham Ross (FL) Chandler Keating AYES—167 Schakowsky Dreier LaTourette Royce Chu Kildee Schiff Andrews Garamendi Pastor (AZ) Duffy Latta Runyan Cicilline Kind Schmidt Baca Gonzalez Pelosi Duncan (SC) Lewis (CA) Ryan (WI) Clarke (MI) Kissell Schrader Baldwin Green, Al Perlmutter Duncan (TN) Lipinski Scalise Clarke (NY) Kucinich Schwartz Barber Green, Gene Peters Ellmers LoBiondo Schilling Clay Langevin Scott (VA) Bass (CA) Grijalva Pingree (ME) Emerson Long Schmidt Cleaver Larsen (WA) Scott, David Becerra Gutierrez Polis Farenthold Lucas Schock Clyburn Larson (CT) Serrano Berkley Hahn Price (NC) Fincher Luetkemeyer Schweikert Cohen Lee (CA) Sewell Berman Hanabusa Quigley Fitzpatrick Lungren, Daniel Scott (SC) Connolly (VA) Levin Sherman Bishop (NY) Hastings (FL) Rahall Flake E. Scott, Austin Conyers Lewis (GA) Shuler Blumenauer Heinrich Fleischmann Mack Sensenbrenner Cooper Lipinski Sires Rangel Bonamici Higgins Fleming Manzullo Sessions Costa Loebsack Slaughter Rehberg Boswell Himes Flores Marchant Shimkus Costello Lofgren, Zoe Smith (WA) Reyes Brady (PA) Hinchey Forbes Marino Shuster Courtney Luja´ n Speier Richardson Braley (IA) Hirono Fortenberry Matheson Simpson Crowley Lynch Stark Richmond Brown (FL) Holt Foxx McCarthy (CA) Smith (NE) Cummings Maloney Rothman (NJ) Sutton Butterfield Honda Franks (AZ) McCaul Davis (CA) Markey Roybal-Allard Smith (NJ) Thompson (CA) Capps Hoyer Frelinghuysen McClintock DeFazio Matsui Ruppersberger Smith (TX) Thompson (MS) Capuano Israel Gardner McHenry DeGette McCarthy (NY) Sa´ nchez, Linda Southerland Tierney Carnahan Johnson (GA) Garrett McIntyre DeLauro McCollum T. Stearns Tonko Carney Johnson (IL) Gerlach McKeon Deutch McDermott Sanchez, Loretta Stivers Towns Castor (FL) Johnson, E. B. Gibbs McKinley Dingell McGovern Stutzman Tsongas Chandler Kaptur Sarbanes Gibson McMorris Doggett McIntyre Sullivan Van Hollen Chu Keating Schakowsky Gingrey (GA) Rodgers Donnelly (IN) McNerney ´ Terry Velazquez Cicilline Kildee Schiff Gohmert Meehan Doyle Meeks Thompson (PA) Visclosky Clarke (MI) Kind Schrader Goodlatte Mica Edwards Michaud Thornberry Walz (MN) Clarke (NY) Kucinich Schwartz Gosar Miller (FL) Ellison Miller (NC) Tiberi Wasserman Clay Langevin Scott (VA) Gowdy Miller (MI) Engel Miller, George Tipton Schultz Cleaver Larsen (WA) Scott, David Granger Miller, Gary Eshoo Moore Turner (NY) Waters Clyburn Larson (CT) Serrano Graves (GA) Mulvaney Farr Moran Turner (OH) Watt Cohen Lee (CA) Sewell Graves (MO) Murphy (PA) Fattah Murphy (CT) Upton Waxman Connolly (VA) Levin Sherman Griffin (AR) Myrick Filner Nadler Webster Walberg Conyers Lewis (GA) Shuler Griffith (VA) Neugebauer Fitzpatrick Napolitano Welch Walden Cooper Loebsack Sires Grimm Noem Frank (MA) Neal Wilson (FL) Walsh (IL) Costa Lofgren, Zoe Slaughter Guinta Nugent Fudge Olver Wolf ´ Webster Costello Lujan Speier Guthrie Nunes Garamendi Owens Woolsey West Courtney Lynch Stark Hall Nunnelee Gerlach Pallone Yarmuth Crowley Maloney Westmoreland Sutton Hanna Olson Cuellar Markey Whitfield NOT VOTING—15 Thompson (CA) Harper Owens Cummings Matsui Wilson (SC) Thompson (MS) Harris Palazzo Ackerman Dicks Lowey Davis (CA) McCarthy (NY) Wittman Tierney Hartzler Paul Akin Gallegly Lummis Davis (IL) McCollum Wolf Tonko Hastings (WA) Paulsen Bishop (UT) Jackson (IL) Ribble DeFazio McDermott Womack Towns Hayworth Pearce Cardoza Jackson Lee Rush DeGette McGovern Heck Pence Woodall Tsongas Coble (TX) DeLauro McNerney Hensarling Peterson Yoder Van Hollen Davis (IL) Jenkins Deutch Meeks Herger Petri Young (AK) Vela´ zquez Dingell Michaud Herrera Beutler Pitts Young (FL) b 1211 Visclosky Doggett Miller (NC) Hochul Platts Young (IN) Mr. POE of Texas changed his vote Doyle Miller, George Walz (MN) Edwards Moore Wasserman NOT VOTING—16 from ‘‘no’’ to ‘‘aye.’’ Schultz Ellison Moran Ackerman Gallegly Lowey So the amendment was agreed to. Waters Engel Murphy (CT) Akin Hinojosa Lummis Watt The result of the vote was announced Eshoo Nadler Bishop (UT) Jackson (IL) Rush Farr Napolitano Waxman as above recorded. Cardoza Jackson Lee Ryan (OH) Fattah Neal Welch Stated against: Coble (TX) Smith (WA) Filner Olver Wilson (FL) Dicks Jenkins Mr. CONYERS. Mr. Chair, during rollcall Frank (MA) Pallone Woolsey vote No. 465 on H.R. 4402, the Young (AK) Fudge Pascrell Yarmuth b 1214 Amendment, I mistakenly recorded my vote as NOES—248 So the amendment was rejected. ‘‘aye’’ when I should have voted ‘‘no.’’ Adams Barton (TX) Boren The result of the vote was announced Ms. HIRONO. Mr. Chair, I intended to vote Aderholt Bass (NH) Boustany as above recorded. ‘‘no’’ on rollcall vote No. 465, the amendment Alexander Benishek Brady (TX) The Acting CHAIR (Mr. WEST). The offered by my friend Congressman YOUNG of Altmire Berg Brooks question is on the amendment in the Alaska. Amash Biggert Broun (GA) Amodei Bilbray Buchanan nature of a substitute, as amended. AMENDMENT NO. 7 OFFERED BY MR. GRIJALVA Austria Bilirakis Bucshon The amendment was agreed to. The Acting CHAIR. The unfinished Bachmann Bishop (GA) Buerkle The Acting CHAIR. Under the rule, business is the demand for a recorded Bachus Black Burgess the Committee rises. Barletta Blackburn Burton (IN) vote on the amendment offered by the Barrow Bonner Calvert Accordingly, the Committee rose; gentleman from Arizona (Mr. GRI- Bartlett Bono Mack Camp and the Speaker pro tempore (Mr.

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SIMPSON) having assumed the chair, with an ownership interest in any property will immediately move forward with Mr. WEST, Acting Chair of the Com- or project any portion of which is owned by the final vote on its passage. However, mittee of the Whole House on the state such person) that is in violation of the Iran if adopted, my amendment will insert of the Union, reported that that Com- Sanctions Act of 1996 (50 U.S.C. 1701 note) or safeguards into the final legislation to the Comprehensive Iran Sanctions, Account- mittee, having had under consideration ability, and Divestment Act of 2010 (22 U.S.C. protect our national security and to the bill (H.R. 4402) to require the Sec- 8501 et seq.). protect American jobs. retary of the Interior and the Sec- (c) PRESIDENTIAL WAIVER OF PROHIBITIONS First, my amendment prevents min- retary of Agriculture to more effi- WITH RESPECT TO CHINA.—The President may ing contracts from being awarded to ciently develop domestic sources of the waive the prohibitions under subsections (a) companies that have failed to pay their minerals and mineral materials of stra- and (b) with respect to China upon certifi- taxes. Last week, the Las Vegas Sun tegic and critical importance to United cation that the Government of China has re- reported that mining companies in Ne- States economic and national security moved its export restraints on strategic and vada have underpaid their taxes by $8.7 critical minerals. and manufacturing competitiveness, million since 2008. At a time when cit- SEC. 107. PERMIT REQUIREMENTS REGARDING and, pursuant to House Resolution 726, USE OF AMERICAN MINING EQUIP- ies and towns across America are going he reported the bill back to the House MENT AND OUTSOURCING OF AMER- bankrupt and we’re facing disaster in with an amendment adopted in the ICAN JOBS. many areas of the country and some in Committee of the Whole. Each Federal mineral exploration or mine Congress threaten to cut Medicare and The SPEAKER pro tempore. Under permit issued pursuant to this Act shall in- food stamps in the name of fiscal re- the rule, the previous question is or- clude provisions that— sponsibility, we must and should hold (1) require, to the extent practicable, that dered. all mining equipment used under the permit corporations accountable for the taxes Is a separate vote demanded on any must be manufactured in the United States; they owe to the American people. If amendment to the amendment re- and mining companies are to profit from ported from the Committee of the (2) prohibit the permit holder from out- our natural resources, they must be re- Whole? sourcing American jobs. quired to pay their fair share. If not, the question is on the amend- Ms. SLAUGHTER (during the read- I’m the author of the Reciprocal Mar- ment in the nature of a substitute, as ing). Mr. Speaker, I ask unanimous ket Access Act, a bipartisan bill that amended. consent that the reading be dispensed would finally put an end to the whole- The amendment was agreed to. with. sale exporting of American manufac- The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there turing jobs to China. My amendment question is on the engrossment and objection to the request of the gentle- today echos this plan. With the passage third reading of the bill. woman from New York? of this amendment today, we would The bill was ordered to be engrossed There was no objection. make sure that the door is closed when and read a third time, and was read the The SPEAKER pro tempore. The gen- China comes knocking to profit from third time. tlewoman from New York is recognized our precious natural resources. MOTION TO RECOMMIT for 5 minutes on her motion. Finally, my amendment protects Ms. SLAUGHTER. Mr. Speaker, I Ms. SLAUGHTER. Mr. Speaker, American jobs by prohibiting outsourc- have a motion to recommit at the we’ve just concluded debate on a bill ing and requiring mining companies to desk. that will make it easier for the mining use mining equipment made in the The SPEAKER pro tempore. Is the industry to profit from digging up val- United States. Isn’t that little enough gentlewoman opposed to the bill? uable minerals on land owned by the to ask? Ms. SLAUGHTER. In its present American taxpayer. The sweat and blood of middle class form, I am. Americans built the United States, and The SPEAKER pro tempore. The b 1220 it’s time this Congress put their inter- Clerk will report the motion to recom- What would the American people get ests first. With my amendment today, mit. in return? Nothing, except poorer pub- we can do just that, by putting in place The Clerk read as follows: lic health, a dirtier environment, and safeguards that will protect American Ms. Slaughter moves to recommit the bill fewer opportunities for hunting, fish- jobs and ensure that mining equipment H.R. 4402 to the Committee on Natural Re- ing, and recreation. is made in America. sources with instructions to report the same Instead of the bill we are considering I’m introducing my amendment on back to the House forthwith with the fol- today, we should be amending the stat- lowing amendment: behalf of the people of Rochester, New Page 9, after line 2, insert the following: ute that was signed into law by Ulysses York. Some of the greatest workers SEC. 105. PROHIBITION ON ISSUANCE OF PER- S. Grant. Can you imagine that? The that the country has ever known live MITS TO PERSONS, CORPORATIONS, mining law of 1872, which is our mining there. My constituents are among the AND SUBSIDIARIES THAT ARE DE- law today, gives away the valuable 300 million rightful owners of our Na- LINQUENT ON TAXES. minerals we should be saving for our- tion’s natural resources, and not a sin- No Federal mineral exploration or mine permit shall be issued pursuant to this Act selves or, at the very least, getting gle one of them wants this Congress to to a person, corporation, partnership, trust, some revenue from. But no, 140 years simply give them away to China or or other form of business organization that later, we still have this bill which has outsource precious American jobs. has failed to pay any tax required under long outlived its usefulness. Over the last 2 years, the majority State or Federal law, or to a subsidiary of Over the 25 years that I’ve served in has consistently pandered to corporate such a corporation, partnership, or other Congress, every attempt to repeal this interests. Listen to this, because we’ve form of business organization. law has failed. Today, we compound been very concerned this week with SEC. 106. PROHIBITIONS REGARDING CHINA AND the problem by voting on legislation how many times we voted to repeal IRAN. that will give even more power to min- (a) PROHIBITION ON EXPORT.—Each Federal health care. Try this one on. We have mineral exploration or mine permit issued ing interests. Adding insult to injury, voted more than 100 times this term, pursuant to this Act shall include provisions the companies benefiting from this bill the last 18 months, over 100 times to that prohibit export to the China or Iran of can continue to take minerals owned benefit the oil industry. As dem- strategic and critical minerals produced by the American taxpayers royalty onstrated last night by a wonderful under the permit. free, even if they’re foreign companies CBS News program, it costs millions (b) PROHIBITION ON ISSUANCE OF PERMITS.— and even if they have cheated or are and millions of dollars. They estimate No Federal mineral exploration or mine per- delinquent on their taxes. mit may be issued pursuant to this Act to— that just the health care votes over (1) any company in which China or Iran There is still time to fix three of the and over cost the taxpayers $50 million. has an ownership interest; and most glaring loopholes contained in Last year, we voted—as you remem- (2) any person (including any successor, as- this bill, and my amendment does just ber, I voted against it, of course—to sign, affiliate, member, or joint venturer that. It will not kill the bill, and we give Federal land to a single foreign

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11292 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 mining company that has ties to Iran’s amendment would leave no doubt that the American jobs and not only American nuclear program. That was mining of United States stands by our allies and that not mining jobs. Our manufacturing sector, uranium, free, about 8 miles from the an ounce of American minerals ends up in Ira- as part of it, uses the minerals from Grand Canyon. I don’t know how much nian hands. these mining jobs. So it is much broad- more stupid we can get. I think it is Furthermore, as my constituents know all er than that. absolutely obvious to us that a law too well, China routinely engages in unfair and I have to comment on the tone here passed in 1872 is nowhere near adequate anti-competitive behavior that has stolen that we’ve heard over and over from for what we need today. American jobs and weakened our middle the other side on this issue. The bill I urge a ‘‘yes’’ vote on this amend- class. It is time that this Congress, and this streamlines the bureaucracy and red ment to protect American workers, country, stops the decades-long giveaway to tape. Every amendment that was of- American resources, and to protect our China. fered today and the tone of all of their friends who are extremely worried I am the author of the Reciprocal Market debate on this was to side with the bu- about Iran by making sure that they do Access Act, a bipartisan bill that would finally reaucracy that imposes more red tape. not benefit at all. put an end to the wholesale exporting of What is even more ironic is that this Mr. Speaker, we’ve just concluded debate American manufacturing jobs to China, and is about mining in America. The argu- on a bill that will make it easier for the mining my amendment today echoes this plan. With ments from the other side all day were industry to profit from digging up valuable min- passage of my amendment today, we would ‘‘don’t mine in America.’’ What’s the erals on land owned by the American tax- make sure that the door is closed when China motion to recommit? Don’t sell what payer. And what would the American people comes knocking to profit from our precious we’re going to mine in America. They get in return? Nothing except poorer public natural resources. didn’t want to mine in the first place, health, a dirtier environment, and fewer oppor- Finally, my amendment protects American and now they’re saying we can’t sell it tunities for hunting, fishing and recreation. jobs by prohibiting outsourcing, and requiring if we mine it. It doesn’t make any Instead of the bill we are considering today, mining companies to use mining equipment sense. we should be amending the statute that was that is made in the United States. Mr. Speaker, this is a jobs bill for The sweat and blood of middle class Ameri- signed into law by Ulysses S. Grant in 1872. American workers. I urge rejection of cans built the United States, and it is time that In an effort to spur development of the West, the motion to recommit and ‘‘yes’’ on this Congress put their interests first. With my the law gave almost unlimited power to mining amendment today, we can do just that, by put- the underlying bill, and I yield back companies. 140 years later, this law has out- ting in place safeguards that protect American the balance of my time. lived its usefulness, yet over the 25 years I’ve jobs and ensure that mining equipment is The SPEAKER pro tempore. Without been in Congress, every attempt to repeal this made in the USA. objection, the previous question is or- law has failed. Now today, we compound the I am introducing my amendment on behalf dered on the motion to recommit. problem by voting on legislation that will give of the people of Rochester NY—they are There was no objection. even more power to mining interests. some of the greatest workers that the world The SPEAKER pro tempore. The Adding insult to injury, the companies bene- has ever known. My constituents are among question is on the motion to recommit. fitting from this bill can continue to take min- the 300 million rightful owners of our Nation’s The question was taken; and the erals owned by American taxpayers—royalty- natural resources, and I know that not a single Speaker pro tempore announced that free—even if they’re foreign companies, and one of them wants this Congress to simply the noes appeared to have it. even if they have cheated on their taxes. give away our valuable assets to China, or Ms. SLAUGHTER. Mr. Speaker, I de- There is still time to fix three of the most outsource precious American jobs. mand the yeas and nays. glaring loopholes contained in this bill, and my Over the last 2 years, the Majority has con- The yeas and nays were ordered. amendment does just that. The amendment sistently pandered to corporate interests. The The SPEAKER pro tempore. Pursu- will not kill the bill, and we will immediately Majority has voted more than 100 times to ant to clause 9 of rule XX, the Chair move forward with a final vote on its passage. benefit the oil industry, and even voted last will reduce to 5 minutes the minimum However, if adopted, my amendment will in- year to give away Federal land to a single for- time for any electronic vote on the sert safeguards into the final legislation that eign mining company that has ties to Iran’s question of passage. will protect our national security and protect nuclear program. The vote was taken by electronic de- American jobs. The Majority has also answered the wishes vice, and there were—yeas 181, noes 231, First, my amendment prevents mining con- of the health insurance industry, including vot- not voting 19, as follows: tracts from being awarded to companies that ing more than 30 times to dismantle historic [Roll No. 467] have failed to pay their taxes. Last week, the healthcare reforms. They’ve continued this YEAS—181 Las Vegas Sun reported that mining compa- corporate care-giving right up until today as nies in Nevada have underpaid their taxes by Altmire Clay Fudge we prepare to vote on a bill that is a giveaway Andrews Cleaver Garamendi $8.7 million since 2008. At a time when cities to corporate mining interests. Baca Clyburn Gonzalez and towns across America are going bankrupt, What we should be doing is voting on a jobs Baldwin Cohen Green, Al and some in Congress threaten to cut Medi- Barber Connolly (VA) Green, Gene bill that helps people, not fattens corporate Barrow Conyers Grijalva care and other vital programs in the name of profits. But if the Majority insists on moving Bass (CA) Cooper Gutierrez fiscal responsibility, we must hold corporations forward with flawed bills, we can at least close Becerra Costa Hahn accountable for the taxes they owe to the Berkley Costello Hanabusa loopholes in order to protect the American Berman Courtney Hastings (FL) American people. If mining companies are to people. By fixing three vital flaws within to- Bishop (GA) Crowley Heinrich profit from our natural resources, they must be day’s bill, my amendment will allow each of us Bishop (NY) Cuellar Higgins required to pay their fair share. to vote for our constituents and stand up for Blumenauer Cummings Himes Second, my amendment ensures that nei- Bonamici Davis (CA) Hinchey the middle class. Boren Davis (IL) Hinojosa ther Iran nor China is allowed to profit from to- Again, my amendment will not kill the bill. If Boswell DeFazio Hirono day’s bill. Under my amendment, mineral re- my amendment is adopted, the bill as amend- Brady (PA) DeGette Hochul sources deemed critical or strategic will be Braley (IA) DeLauro Holden ed will immediately be voted upon. I urge my Brown (FL) Deutch Holt prohibited from export to Iran or China. No colleagues to support my amendment, and Butterfield Dingell Honda company that is owned by Iran or China will stand with me as I fight to protect our natural Capps Doggett Hoyer be allowed to mine American minerals, and resources and American-made jobs. Capuano Donnelly (IN) Israel under no circumstances will American min- Mr. HASTINGS of Washington. Mr. Carnahan Doyle Johnson (GA) Carney Edwards Johnson, E. B. erals be exported to either of these nations. Speaker, I rise in opposition to the mo- Carson (IN) Ellison Jones In an age when Iran is threatening the secu- tion to recommit. Castor (FL) Engel Kaptur rity of our ally Israel, and the stability of the The SPEAKER pro tempore. The gen- Chandler Eshoo Keating entire Middle East, this Congress must ensure Chu Farr Kildee tleman is recognized for 5 minutes. Cicilline Fattah Kind that not a single American resource goes to Mr. HASTINGS of Washington. Mr. Clarke (MI) Filner Kissell supporting the dangerous Iranian regime. My Speaker, the underlying bill is about Clarke (NY) Frank (MA) Kucinich

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11293 Langevin Olver Scott (VA) Runyan Smith (TX) Walden Gibson Luetkemeyer Rogers (MI) Larsen (WA) Owens Scott, David Ryan (WI) Southerland Walsh (IL) Gingrey (GA) Lungren, Daniel Rohrabacher Larson (CT) Pallone Serrano Scalise Stearns Webster Gohmert E. Rokita Lee (CA) Pascrell Sewell Schilling Stivers West Goodlatte Mack Rooney Levin Pastor (AZ) Sherman Schmidt Stutzman Westmoreland Gosar Manzullo Ros-Lehtinen Lewis (GA) Pelosi Shuler Schock Sullivan Whitfield Gowdy Marchant Roskam Lipinski Perlmutter Sires Schweikert Terry Wilson (SC) Granger Marino Ross (AR) Loebsack Peters Slaughter Scott (SC) Thompson (PA) Wittman Graves (GA) Matheson Ross (FL) Sensenbrenner Thornberry Lofgren, Zoe Peterson Smith (WA) Wolf Graves (MO) McCarthy (CA) Royce ´ Sessions Tiberi Lujan Pingree (ME) Speier Womack Griffin (AR) McCaul Runyan Lynch Polis Stark Shimkus Tipton Griffith (VA) McClintock Ryan (WI) Yoder Maloney Price (NC) Sutton Shuster Turner (NY) Grimm McHenry Scalise Young (AK) Markey Quigley Thompson (CA) Simpson Turner (OH) Guinta McIntyre Schilling Young (FL) Matsui Rahall Thompson (MS) Smith (NE) Upton Guthrie McKeon Schmidt Young (IN) McCarthy (NY) Rangel Tierney Smith (NJ) Walberg Hall McKinley Schock McCollum Reyes Tonko NOT VOTING—19 Hanna McMorris Schweikert McDermott Richardson Tsongas Harper Rodgers Scott (SC) McGovern Richmond Van Hollen Ackerman Flores Lummis Harris Meehan Scott, Austin McIntyre Rothman (NJ) Vela´ zquez Akin Gallegly Marchant Hartzler Mica Sensenbrenner McNerney Roybal-Allard Visclosky Bishop (UT) Jackson (IL) Rush Hastings (WA) Miller (FL) Sessions Meeks Ruppersberger Walz (MN) Cardoza Jackson Lee Scott, Austin Hayworth Miller (MI) Sewell Michaud Ryan (OH) Wasserman Carter (TX) Towns Heck Miller, Gary Shimkus Miller (NC) Sa´ nchez, Linda Schultz Coble Jenkins Woodall Hensarling Mulvaney Shuler Miller, George T. Waters Dicks Lowey Herger Murphy (PA) Shuster Moore Sanchez, Loretta Watt Herrera Beutler Myrick Simpson Moran Sarbanes Waxman Hochul Neugebauer Smith (NE) Murphy (CT) Schakowsky Welch b 1243 Holden Noem Smith (NJ) Nadler Schiff Wilson (FL) Mr. YODER changed his vote from Huelskamp Nugent Smith (TX) Napolitano Schrader Woolsey Huizenga (MI) Nunes Southerland Neal Schwartz Yarmuth ‘‘yea’’ to ‘‘nay.’’ Hultgren Nunnelee Stearns Messrs. COSTELLO, GONZALEZ, Hunter Olson Stivers NAYS—231 PETERSON, and BOREN changed their Hurt Owens Stutzman vote from ‘‘nay’’ to ‘‘yea.’’ Issa Palazzo Sullivan Adams Fleischmann Lucas Johnson (IL) Paul Terry Aderholt Fleming Luetkemeyer So the motion to recommit was re- Johnson (OH) Paulsen Thompson (PA) Alexander Forbes Lungren, Daniel jected. Johnson, Sam Pearce Thornberry Amash Fortenberry E. The result of the vote was announced Jones Pence Tiberi Amodei Foxx Mack Jordan Peterson Tipton Austria Franks (AZ) Manzullo as above recorded. Kelly Petri Turner (NY) Bachmann Frelinghuysen Marino Stated against: King (IA) Pitts Turner (OH) Bachus Gardner Matheson Mr. AUSTIN SCOTT of Georgia. Mr. Speak- King (NY) Platts Upton Barletta Garrett McCarthy (CA) Kingston Poe (TX) Walberg Bartlett Gerlach McCaul er, on rollcall No. 467 I was unavoidably de- Kinzinger (IL) Pompeo Walden Barton (TX) Gibbs McClintock tained. Had I been present, I would have Kissell Posey Walsh (IL) Bass (NH) Gibson McHenry voted ‘‘nay.’’ Kline Price (GA) Webster Benishek Gingrey (GA) McKeon The SPEAKER pro tempore. The Labrador Quayle West Berg Gohmert McKinley Lamborn Reed Westmoreland Biggert Goodlatte McMorris question is on the passage of the bill. Lance Rehberg Whitfield Bilbray Gosar Rodgers The question was taken; and the Landry Reichert Wilson (SC) Bilirakis Gowdy Meehan Lankford Renacci Wittman Black Granger Mica Speaker pro tempore announced that the ayes appeared to have it. Latham Ribble Wolf Blackburn Graves (GA) Miller (FL) LaTourette Rigell Womack Bonner Graves (MO) Miller (MI) RECORDED VOTE Latta Rivera Woodall Bono Mack Griffin (AR) Miller, Gary Mr. MARKEY. Mr. Speaker, I demand Lewis (CA) Roby Yoder Boustany Griffith (VA) Mulvaney LoBiondo Roe (TN) Young (AK) Brady (TX) Grimm Murphy (PA) a recorded vote. Long Rogers (AL) Young (FL) Brooks Guinta Myrick A recorded vote was ordered. Lucas Rogers (KY) Young (IN) Broun (GA) Guthrie Neugebauer The SPEAKER pro tempore. This Buchanan Hall Noem NOES—160 Bucshon Hanna Nugent will be a 5-minute vote. Buerkle Harper Nunes The vote was taken by electronic de- Andrews DeFazio Johnson, E. B. Burgess Harris Nunnelee vice, and there were—ayes 256, noes 160, Baca DeGette Kaptur Burton (IN) Hartzler Olson Baldwin DeLauro Keating Calvert Hastings (WA) Palazzo not voting 15, as follows: Barber Deutch Kildee Camp Hayworth Paul [Roll No. 468] Bass (CA) Dingell Kind Campbell Heck Paulsen Becerra Doggett Kucinich Canseco Hensarling Pearce AYES—256 Berman Doyle Langevin Cantor Herger Pence Adams Brooks Davis (KY) Bishop (NY) Edwards Larsen (WA) Capito Herrera Beutler Petri Aderholt Broun (GA) Denham Blumenauer Ellison Larson (CT) Cassidy Huelskamp Pitts Alexander Buchanan Dent Bonamici Engel Lee (CA) Chabot Huizenga (MI) Platts Altmire Bucshon DesJarlais Brady (PA) Eshoo Levin Chaffetz Hultgren Poe (TX) Amash Buerkle Diaz-Balart Braley (IA) Farr Lewis (GA) Coffman (CO) Hunter Pompeo Amodei Burgess Dold Brown (FL) Fattah Lipinski Cole Hurt Posey Austria Burton (IN) Donnelly (IN) Butterfield Filner Loebsack Conaway Issa Price (GA) Bachmann Calvert Dreier Capps Frank (MA) Lofgren, Zoe Cravaack Johnson (IL) Quayle Bachus Camp Duffy Capuano Fudge Luja´ n Crawford Johnson (OH) Reed Barletta Campbell Duncan (SC) Carnahan Garamendi Lynch Crenshaw Johnson, Sam Rehberg Barrow Canseco Duncan (TN) Carney Gonzalez Maloney Critz Jordan Reichert Bartlett Cantor Ellmers Carson (IN) Green, Al Markey Culberson Kelly Renacci Barton (TX) Capito Emerson Castor (FL) Green, Gene Matsui Davis (KY) King (IA) Ribble Bass (NH) Carter Farenthold Chu Grijalva McCarthy (NY) Denham King (NY) Rigell Benishek Cassidy Fincher Cicilline Gutierrez McCollum Dent Kingston Rivera Berg Chabot Fitzpatrick Clarke (MI) Hahn McDermott DesJarlais Kinzinger (IL) Roby Berkley Chaffetz Flake Clarke (NY) Hanabusa McGovern Diaz-Balart Kline Roe (TN) Biggert Chandler Fleischmann Clay Hastings (FL) McNerney Dold Labrador Rogers (AL) Bilbray Coffman (CO) Fleming Cleaver Heinrich Meeks Dreier Lamborn Rogers (KY) Bilirakis Cole Flores Clyburn Higgins Michaud Duffy Lance Rogers (MI) Bishop (GA) Conaway Forbes Cohen Himes Miller (NC) Duncan (SC) Landry Rohrabacher Black Costa Fortenberry Connolly (VA) Hinchey Miller, George Duncan (TN) Lankford Rokita Blackburn Costello Foxx Conyers Hinojosa Moore Ellmers Latham Rooney Bonner Cravaack Franks (AZ) Cooper Hirono Moran Emerson LaTourette Ros-Lehtinen Bono Mack Crawford Frelinghuysen Courtney Holt Murphy (CT) Farenthold Latta Roskam Boren Crenshaw Gardner Crowley Honda Nadler Fincher Lewis (CA) Ross (AR) Boswell Critz Garrett Cummings Hoyer Napolitano Fitzpatrick LoBiondo Ross (FL) Boustany Cuellar Gerlach Davis (CA) Israel Neal Flake Long Royce Brady (TX) Culberson Gibbs Davis (IL) Johnson (GA) Olver

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11294 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 Pallone Sa´ nchez, Linda Thompson (MS) ing-hour and 2 p.m. for legislative busi- cans know we are not going to see Pascrell T. Tierney Pastor (AZ) Sanchez, Loretta Tonko ness. Votes will be postponed until 6:30 taxes go up for them at the end of this Pelosi Sarbanes Towns p.m. On Wednesday and Thursday, the year. Perlmutter Schakowsky Tsongas House will meet at 10 a.m. for morning- In addition to that, we’ll bring for- Peters Schiff Van Hollen hour and noon for legislative business. ward a bill that will be focused on how Pingree (ME) Schrader Vela´ zquez Polis Schwartz Visclosky On Friday, the House will meet at 9 we get to a pro-growth tax system in Price (NC) Scott (VA) Walz (MN) a.m. for legislative business. Last votes this country, laying out the principles Quigley Scott, David Wasserman of the week are expected no later than for tax reform and suggesting an expe- Rahall Sherman Schultz dited procedure so that we can actually Rangel Sires Waters 3 p.m. Richardson Slaughter Watt Madam Speaker, the House will con- achieve results for the American peo- Richmond Smith (WA) Waxman sider a number of bills under suspen- ple so that our job creators and work- Rothman (NJ) Speier Welch sion of the rules, a complete list of ing families can get back to work. Roybal-Allard Stark Wilson (FL) Mr. HOYER. I understand the gentle- Ruppersberger Sutton Woolsey which will be announced by the close of Ryan (OH) Thompson (CA) Yarmuth business tomorrow. man’s answer, and I think we have con- In addition, the House will consider sensus on this floor about cutting red NOT VOTING—15 H.R. 5872, the Sequestration Trans- tape and facilitating decisions by the Ackerman Gallegly Lummis Federal Government or by the State Akin Jackson (IL) Reyes parency Act, sponsored by Congress- Bishop (UT) Jackson Lee Rush man JEB HENSARLING. This is a bill government or by local government. Cardoza (TX) Serrano that will bring needed transparency to We have all heard that complaint Coble Jenkins the administration’s process for imple- throughout our careers. I think that’s Dicks Lowey menting devastating cuts to our na- a legitimate concern for us to have. b 1250 tional defense and many social pro- However, when I ask about a jobs bill, So the bill was passed. grams on January 2. Chairman PAUL the gentleman responds on a couple of The result of the vote was announced RYAN and the Budget Committee levels. as above recorded. passed this bill in a bipartisan fashion, I think I may have mentioned this A motion to reconsider was laid on so I expect it to be brought up under before, but what concerns me is that the table. suspension of the rules. Bruce Bartlett, whom I think the gen- Stated for: Finally, and in keeping with funding tleman probably knows, a former President Reagan and President H. W. Mr. AKIN. Mr. Speaker, on rollcall No. 468, our national security, the House will Bush administration official, says that had I been present, I would have voted ‘‘aye.’’ consider H.R. 5856, the Department of Defense Appropriations Act, sponsored no hard evidence is offered for the f by Congressman BILL YOUNG. This will claim that regulatory issues have in- REMOVAL OF NAME OF MEMBER be the House’s seventh appropriations creased. But he says that Republicans AS COSPONSOR OF H.R. 835 bill of the year. have embraced ‘‘the idea that govern- ment regulation is the principal factor Mr. CRAWFORD. Mr. Speaker, I ask I expect the defense funding bill to be holding back employment. They assert unanimous consent that my name be on the floor for the balance of the that Barack Obama has unleashed a removed as a cosponsor from H.R. 835. week. Members should be aware that tidal wave of new regulations, which The SPEAKER pro tempore. Is there late evening votes are possible on has created uncertainty among busi- objection to the request of the gen- Wednesday, July 18, and Thursday, nesses and prevents them from invest- tleman from Arkansas? July 19. ing and hiring.’’ There was no objection. Mr. HOYER. I thank the gentleman for that scheduling information. b 1300 f As the gentleman knows, we have, as As I said, he says no hard evidence is MESSAGE FROM THE SENATE I calculate, 12 legislative days left to go in July and the beginning of August, offered for this claim. He then says: A message from the Senate by Ms. of which 3 of those days we will be In my opinion, regulatory uncertainty is a canard invented by Republicans that allows Curtis, one of its clerks, announced coming in at 6:30. As a result, we don’t that the Senate has passed without them to use current economic problems to have much time left, and I would ask pursue an agenda supported by the business amendment bills of the House of the the gentleman if there is any expecta- following titles: community year in and year out. In other tion of having bills other than the reg- words, it’s a simple case of political oppor- H.R. 3001. An act to award a Congressional ulatory—I understand one of those tunism, not a serious effort to deal with high Gold Medal to Raoul Wallenberg, in recogni- weeks will be the regulatory week. unemployment. tion of his achievements and heroic actions during the Holocaust. Other than the regulatory bills, will we Now, that’s his opinion, I understand H.R. 4155. An act to direct the head of each have any jobs legislation on the floor? that. But my concern is, if you ask an Federal department and agency to treat rel- Mr. CANTOR. I thank the gentleman economist whether or not many of the evant military training as sufficient to sat- for the question. pieces of legislation we’ve passed that isfy training or certification requirements Madam Speaker, we’ve been, as the we’ve called jobs bills—the gentleman’s for Federal licenses. gentleman knows, very transparent pointed that out—economists say in f about scheduling the floor, sending out the short term—which is really what a memo making Members aware of we need to deal, we need to deal in the LEGISLATIVE PROGRAM where we’re headed for the remainder short term and the long term—is not (Mr. HOYER asked and was given of the July period. I would say to the going to create jobs. This week, we permission to address the House for 1 gentleman that, after next week, we haven’t done anything to create jobs. minute.) will be focusing on cutting red tape, re- By the way, might I ask the gen- Mr. HOYER. Madam Speaker, I yield ducing the regulatory burden on our tleman, because I didn’t see it next to the gentleman from Virginia, the job creators. As we know, the regu- week, do we expect a 32nd or a 33rd majority leader, for the purposes of in- latory atmosphere in this country is vote on repealing the Affordable Care quiring about the schedule for the making it more difficult and more ex- Act either next week, the week after, week to come. pensive for small businesses and large or the week after that? As the gen- Mr. CANTOR. I thank the gentleman to create jobs. We’ll be focusing on tleman knows, CBS opines that we’ve from Maryland, the Democratic whip, that. spent some 80 hours on that issue, with for yielding. The following week, Madam Speaker, whatever cost is attendant to that. You Madam Speaker, on Monday, the will be the week in which we will bring can answer both questions, I suppose, House is not in session. On Tuesday, forward a piece of legislation to stop but certainly I would be interested and the House will meet at noon for morn- the tax hikes to ensure that all Ameri- the Members would be interested to

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11295 know whether or not we’re going to their doctors, or Washington-based bu- need help, as Mr. Romney said in Mas- have another vote on repealing the Af- reaucrats deciding what kind of cov- sachusetts when RomneyCare was fordable Care Act. erage we can have? We all know what’s adopted—a model just like we’ve I yield to my friend. happened with that approach under adopted for the Nation—it’s important Mr. CANTOR. Madam Speaker, I ObamaCare: costs have gone up, em- to make sure that they get some help. thank the gentleman for yielding. ployers are beginning to shed the That’s what that bill does. I would say to the gentleman about plans, and people will not be able to In addition to that, we’ve made sure this week’s vote—in fact, today—today have the health care they have. That’s that people didn’t have a serious illness we voted on a bill that helps us ‘‘Mine why we’ve spent the time we have on and have the insurance companies—not it in America.’’ The gentleman likes to this bill. government bureaucrats, not the gov- speak about ‘‘making it in America.’’ Mr. HOYER. Well, the gentleman ernment, but insurance companies— Why shouldn’t we also be mining it in knows full well I think you have wast- say you’re too sick, we’re not going to America? So it’s very much a bill to fa- ed a lot of time on this House floor, cover you anymore. cilitate that business and industry in wasted a lot of effort on this House So I will tell my friend, he and I have this country in an environmentally floor knowing full well that that had a radically different view on what the sensitive way. In fact, 22 of the gentle- no chance of passage and that you were consequences are of the 31 votes that man’s caucus Members joined us in simply appealing to the base that you we’ve had, that the gentleman knew that vote—‘‘Mine it in America,’’ were just appealing to. In fact, this were not going to pass the Senate, Madam Speaker. gentleman believes that what you knew the President wasn’t going to As to the gentleman’s question about would do if your bill is passed, you sign, and knew you didn’t have the the suggestion that perhaps the regu- would take away benefits from mil- votes to override. You’re making a po- latory environment does not affect the lions and millions and millions of peo- litical point, I understand that. There potential growth or real growth in this ple. I think that’s incontestable. It’s are people who disagree with the Af- country, that is something that I don’t incontestable that seniors, who are fordable Care Act; I understand that as believe the gentleman agrees totally now getting more help with the dough- well. But I frankly think that, had we with that statement, because I know nut hole for their prescription drugs dealt with jobs legislation during that he and I both have worked on trying to which enhance their quality and length period of 80 hours and considered the streamline regulations here. We don’t of life, would lose it if we repealed the President’s jobs bill, we would have want overly burdensome regulations on Affordable Care Act. millions of more people employed small or large businesses or working It is incontrovertible, I will tell my today in America right now. families. friend, that millions of young people Now, let me just, so that there’s no So again, I would take issue with the who can’t find a job unfortunately in misunderstanding, so I don’t neglect to suggestion that economists would say this economy—and we haven’t gotten respond to the gentleman’s assertion, that regulatory atmosphere and frame- any immediate jobs legislation that he’s right. He and I agree: we need to work don’t have anything to do with was offered by the President on this cut government red tape; we need to job creation. Of course it does. It has to floor to even consider, pass or fail— speed approvals; we need to make sure do with the environment for one to millions of young people would lose that we do not impede, by regulation, take a risk, for investors to put capital their insurance. the growth of our economy and the to work, for entrepreneurs to go out Millions of children who have a pre- growth of jobs. I couldn’t agree with and sign their name on the dotted line existing condition, who now, under the him more. I think we ought to deal with the bank. Of course regulation has Affordable Care Act, cannot be pre- with that on a bipartisan basis, and something to do with job creation and cluded by the insurance companies— hopefully we will continue—or perhaps growth. That is exactly our point. And which is really who you want to put start to do that, I might say, or con- I hope the gentleman will join us in the in—not you personally, but who the de- tinue to do that in some instances. But week that we bring these red tape re- feat of the Affordable Care Act would the gentleman is correct. duction bills to the floor to help us ac- put insurance companies back in complish something so that we can roll charge, not government bureaucrats, Now, let me ask you something, how- back the unduly burdensome frame- but insurance companies. ever, about the tax vote, because you work and make sure we have a smart So many of your Republican Gov- also mentioned bringing taxes down. framework of regulation so that we can ernors don’t want to set up the ex- Let me ask you something: Do you ex- see America grow. changes. All the exchanges are is set- pect that vote to come the last week As to the gentleman’s final question ting up a free market of private sector that we are in session before the Au- about scheduling another repeal vote of insurers where people can make a judg- gust break? I yield to my friend. ObamaCare, if the gentleman would ment: Do they like policy A, B or C? Mr. CANTOR. I’d say, Madam Speak- like to do so, I’m happy to meet with It’s very tough for consumers to deter- er, to the gentleman, can you repeat him. Right now, as the gentleman mine right now whether they’re get- the question? knows, we have done that this week. ting a good bargain for the price Mr. HOYER. Yes. Do you expect the And I would say to the gentleman, the they’re paying for their health insur- vote on taxes, which you have referred reason why perhaps we spent so much ance, which is very expensive. And I to, to occur the last week—which I be- time on that issue, it is the most per- will tell the gentleman that the Afford- lieve is the 29th of July, the week of 29 sonal issue to many millions of Ameri- able Care Act will also create—CBO July—to be on that week? cans. It’s their health care; it’s their says, economists say—millions of jobs Mr. CANTOR. I would respond to the family’s health care. At the end of the in the health care area. So, contrary to gentleman, Madam Speaker, that, yes, day, this election season will under- the gentleman’s assertion that we are we have scheduled for that week a vote score the importance of people engag- taking away care, in fact we are adding on the bill to extend existing rates. ing in this discussion and participating 30 million people access to affordable That extension will be for a year. in our democracy because the kind of quality health care. We will also be bringing up a bill that health care that we will have in this As Mr. Romney said, we are requiring will outline the principles for tax re- country will be determined by the out- responsibility. So everybody takes per- form that I know the gentleman also come of the election. sonal responsibility to make sure that, has said we need to reform our Tax The real question is, Madam Speaker, if they can, they will insure them- Code so that we can help make it fair- are we going to have Washington-based selves. So, what? So that the rest of us er, more simple, and so that we can see health care or patient-based health won’t have to pay when they go to the the economy grow again. Those vehi- care? That’s what it comes down to. hospital or get sick. They will be re- cles will be brought up that week, yes, Who’s in the driver seat, patients and sponsible for themselves. And if they Madam Speaker.

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11296 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 Mr. HOYER. I’ll look forward to see- Mr. HOYER. When you say, I pre- anemic. We don’t have enough job ing the latter bill because the gen- sume, as the gentleman said, we’re growth. Why do we want to take more tleman is correct, I think we do need to talking about two different bills, are of people’s hard-earned money? That’s reform our tax system. We need to we not? why we’re bringing this bill forward. make it simpler. I would like to see us Mr. CANTOR. I would say to the gen- This bill is straight up or down. Stop reduce preference items and bring rates tleman, that is correct. the tax hike or not. down, as the Bowles-Simpson/ Domen- Mr. HOYER. I thank the gentleman Mr. HOYER. I take it the answer is ici-Rivlin—Gang of Six, whoever you for that clarification. no, there will not be a markup on a bill want to refer to—has suggested. I think Let me say to the gentleman that that will have extraordinary con- that’s moving in the proper direction. when the gentleman says there have sequences to all Americans, and pos- been hearings on tax reform, I think sibly extraordinary consequences to b 1310 that’s probably accurate. What there the deficit and debt and to our econ- I also think we have to, however, has not been, in my view and in Mr. omy. Am I correct in interpreting your frankly, make sure that we bring down LEVIN’s, who’s the ranking member of answer as no, there will not be a mark- the deficit and debt confronting this the committee, there’s been no hearing up of this very important bill? You will Nation. And I think, as Bowles-Simp- on the ramifications of the bill, which, bring it straight to the floor without son pointed out, you’ve got to do that apparently, is going to be brought to committee consideration? Is that an in a balanced way. the floor, which simply extends all the accurate interpretation of what you Let me ask you something on these Bush-era tax cuts, ramifications to the said? packages that you said are coming that deficit, ramifications to the debt and, I yield to the gentleman. last week. There have not yet been indeed, ramifications to the economy. Mr. CANTOR. Madam Speaker, I hearings on the ramifications of either I would say, with all due respect to think the gentleman has heard my re- of those bills, as I understand it, in the my friend, the majority leader, I don’t sponse. Ways and Means Committee. believe there have been hearings on Mr. HOYER. Well, I did hear the re- Does the gentleman expect there to that issue. There have been hearings sponse, and apparently I accurately be hearings on those? And does the on, should we reform the Tax Code. The characterized it. I think that’s a gentleman expect there to be a markup gentleman and I agree. We should sim- shame, Mr. Majority Leader. of either one of those bills in the Ways plify it. We should reform the Tax Mr. BOEHNER said that we were going and Means Committee? Code. We should make it more compat- to be an open House, that we were I yield to my friend. ible with economic growth, and very going to consider matters, and that ev- Mr. CANTOR. Madam Speaker, I’d frankly, for average individual Ameri- erybody would have their opportunity say to the gentleman, I think I dis- cans who want to pay their taxes, to have their input. agree with the gentleman, there would like to pay as little as possible, Usually, tax bills are brought to the haven’t been hearings. all of us would like to do that, but floor, not subject to amendment. You I think, for the last year and a half, want to support their country as well. have just said, as I understand what Chairman CAMP and his committee So I don’t really share the gentle- you said, this bill, our way or the high- have been fast about looking at the man’s view that there have been hear- way. If you don’t like the bill the way Tax Code, talking about tax reform, di- ings on the ramifications of the bill we brought it to the floor, you’re out of vulging what it would mean for us to that the gentleman says he’s going to luck. You don’t have an option. You have an increased tax environment for bring to the floor, and that’s what I can’t put any of your ideas into this this economy. We’ve been all about the asked. bill. economy and growth. Now, let me ask you the other ques- If that’s the way you intend to con- I’d say to the gentleman, he likes to tion, which was the second part of it. Is sider this bill, Mr. Leader, I think say, why can’t we do jobs bills? We there going to be a markup of the bill that’s unfortunate. have been doing jobs bills. He com- which you’re going to bring to the floor I yield to my friend. plains about the 30-some bills we’ve in terms of taxes? To clarify, so that Mr. CANTOR. Madam Speaker, the been doing relating to ObamaCare. I Members on both sides of the aisle will gentleman knows that his side of the would say we’ve done even more than have an opportunity to offer amend- aisle will have an opportunity to posit that relating to jobs. ments in committee, make observa- their position on taxes through the I would ask the gentleman to just re- tions in committee as to the ramifica- regular process of a motion to recom- member where those bills sit right tions of that action, and that Members mit. And as I had said publicly yester- now. They’re on the doorstep of the will have an opportunity to reflect on day, when asked, are the Democrats in Senate, and the leader over there re- that bill. the House going to be able to offer the fuses to bring them up. I yield to my friend. President’s tax proposal, I said, abso- And so, again, I’d say to the gen- Mr. CANTOR. Madam Speaker, I lutely they will. tleman, we stand ready to work to- would say to the gentleman, this is a So we’ll see. We’ll see, Madam Speak- gether so that we can produce results very simple and clear choice here. er, if the gentleman decides to put for- for the people that sent us here, and Given this economy, if one wants to ward the President’s tax proposal call- that is the purpose of bringing forward raise taxes on all Americans, you vote ing for a tax hike on American small the bills that have been talked about, against the bill. If you want to go and businesses. We’ll see if that happens, have been dissected, in terms of exist- help folks through a more simple Tax Madam Speaker. But we will see, and ing tax rates, where they may or may Code, and you want to look towards tax that will be the week it will happen. not go, how they affect growth in this reform, you vote for the next bill. You’re either for stopping tax hikes economy. That’s what we’re doing. Straight up or down. or you’re not. We’ve had multiple votes, multiple There has been enough discussion, Mr. HOYER. My way or the highway. hearings on tax reform, on what the enough hearings, in the Ways and That’s what you just said, Mr. Leader. tax rates mean, and this vote will be Means Committee, as well as the Budg- I understand that concept. very clear. If you want to stop the tax et Committee. These issues were cen- Very frankly, in my view, we have hike for all Americans, at all income tral to our budgets. Your Members on agreement. We have agreement on levels, you’ll vote for the bill. If you the Budget Committee, as well as ours, something that you won’t bring to the want to engage in tax reform, if you I had a full open hearing on that budg- floor, and it is that all middle class, feel the Tax Code is too complicated, it et document and a markup. working Americans will not get a tax needs to be simplified, rates brought We believe now’s not the time to hike, all of them. And everybody, up to down, loopholes closed, you’ll vote for raise taxes on working people, small $250,000 of income, will have no tax in- the bill. It’s that simple. businesses and large. The economy is crease.

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11297 But we have a big deficit and a big Why don’t we bring that to the floor side and 5 minutes on the other side, debt, and we need to pay our bills. We and show the American public that, which the motion to recommit is lim- have a debt limit vote coming up at the yes, we can come together, as you have ited to? end of this year. Very frankly, we took suggested; that yes, we can agree; and You’re shutting us down—you’re the country to the brink of default and that yes, we can make sure that they gagging us—and, yes, you’re putting very adversely affected our economy by don’t get a tax increase? Then, yes, we middle class taxpayers at risk because undermining confidence. can have a debate on the balance. You you know, I know, and the American You talked a lot about confidence in will take one position, and I may take people know the President of the the last campaign, Mr. Leader. I agreed another position, and the American United States has said he would veto with you. I think we need to instill public will see that, and then they can your bill. He has said he will sign a bill confidence, not undermine confidence. make a judgment as to with whom that together we could pass making But I will tell my friend that if you they agree. sure that 98 percent of Americans do wanted to work together, as you’ve Now, my view is an overwhelming not get a tax increase. What you are said on a number of occasions now, as majority of the public will agree with proposing to do, Mr. Leader, is to bring for instance we did with the Export/Im- me, and you will think the over- to the floor a bill which simply pro- port bank, the bills that you sent over whelming majority of the American tects the 2 percent, that says that the there, we didn’t work together on. public will agree with you. That’s what 2 percent should not pay more. The They were passed on a partisan vote, democracy is about. Let us have this gentleman says, oh, they’re great job for the most part. Not all of them. And debate. Let us have this vote. Let us creators. I understand what the gen- some votes were overwhelmingly bipar- make sure that working Americans tleman is saying. tisan. And guess what happened? They aren’t held hostage to the wealthiest in became law. The President signed our country. By the way, the program you’re them. Export/Import bank, the jobs bill Mr. CANTOR. Madam Speaker, what going to offer, it was in place. It was in that you promoted and which I voted I would say to the gentleman is holding place from 2001, 2003 to 2009. You and I for. hostage working families is denying both know what happened, not solely You said you want to work together. them a job. It’s about jobs. The gen- because it was in place, of course—let Now, it’s interesting when you say tleman can play with the statistics all us stipulate to that. The fact is we had ‘‘work together,’’ because what you say he wants and claim that 97 percent of the deepest recession in your lifetime you’re going to give us is a motion to the small businesses will get a tax and my lifetime and the lifetimes of recommit. And what you will instruct, break this way and that let’s leave the anybody who is younger than 90 years and what your whip will instruct, is for other for later; but the significant fact of age under the program that you’re all of your Members, vote ‘‘no,’’ and is, it’s with the others where the sig- proposing we continue with. I will tell your side will inaccurately say it is a nificant job growth can be. you, Mr. Leader, I don’t think that’s a purely procedural vote. And as you Why would we want to go and tax job great way to proceed. At least we have for the last 18 months, your Mem- creators? We know that 50 percent of ought to have the opportunity to de- bers will vote ‘‘no’’ on motions to re- the people who will get a tax hike bate it. At least we ought to have more commit, notwithstanding the fact that under the President’s proposal get at than 5 minutes on our side to tell the they may agree with the substance. least a quarter of their incomes from American people where we’re coming And the fact of the matter is, Mr. small business, and the more their in- from. At least we ought to have a vote Leader, we can have a vote that ought comes the more the percentage. That where you don’t instruct your Members to pass with 435 votes, 435 votes. Every- means the jobs it’s a procedural vote and don’t vote body in this Congress says that we So why would we want to stop job for it. ought to not have a tax increase on creators from hiring people? Because I will tell the gentleman with all working Americans, on working Ameri- Washington takes more of their money. clarity that the consequences of your cans making less than $250,000 in tax- Why would we want tax rates to go up act—and you do it knowledgeably—will able income. As you know, that’s more on anybody in this anemic economy? be that middle class taxpayers will be income. And why would we want to go and raise put at risk. Why? Whether you agree taxes when we haven’t put an end to b 1320 with it or not, the President will veto the out-of-control spending in Wash- it. The Senate, I don’t think will pass But we won’t get that vote except on ington? Because what you’re doing is it. The fact of the matter is we can do an MTR, on which you have instructed digging the hole deeper. for 98 percent of Americans that which your Members to vote ‘‘no,’’ incor- That’s our position, Madam Speaker. we agree on. You don’t want them to rectly arguing that it’s a procedural So I would ask the gentleman have a tax increase. I don’t want them vote only and not a substantive vote. I straight up: Is the gentleman going to to have a tax increase. We agree on would say to my friend, not only will bring to the floor a motion to recom- that. Americans can not understand, you not allow us an amendment on the mit for his proposal, the President’s when we agree on that, why we can’t at floor, it appears, but you won’t allow proposal? Is that going to be the mo- least pass something on which we agree an amendment to be offered in com- tion to recommit? Will the gentleman which will help 98 percent of Americans mittee so that we can vote on that. actually put his words to work and in this struggling economy, which is as Yes, we have disagreement; but have that be their motion to recom- you clearly point out. you’re prepared to hold hostage work- mit? ing Americans by saying, if the richest Mr. HOYER. If the gentleman is ask- Now, you point out—you didn’t use people in America might have a little ing me am I for the President’s pro- the term—that we only added 80,000 bit of a tax increase, then everybody posal, the answer is absolutely yes. I jobs last month. I was disappointed by else is going to get a tax increase. You don’t want the gentleman confused in that; that was unfortunate. But in the said it a different way, I understand; any way. If the motion to recommit is last month of the previous administra- but the reality and the ramifications of the only option we have available, we tion, we lost 818,000 jobs in 1 month the actions that you are proposing to are certainly going to discuss that op- with your program in place. That’s an follow will mean that we will not get a tion, but we’re not going to pretend, ei- 890,000, almost 900,000, turnaround. vote, which I think there is over- ther to ourselves or to the American From 818,000 minus to 80,000 plus, we whelming support of, in making sure people, that your side will treat it as a created 4.4 million jobs in the last 28 that working Americans and, yes, 97 real vote. months. Not enough. Not enough by percent of small businesses don’t get Do you want to put it on the floor as far. any tax increase at all. We have agree- an amendment? Do you want to have a I want to work with the gentleman to ment on that, Mr. Leader. real debate on it, not 5 minutes on one create many more—work with him on

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11298 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 jobs legislation, economic growth leg- closure to the floor. What we really heart more exquisitely than my own islation, Make It in America legisla- should do is pass a constitutional written words could: tion. If we could get some of that legis- amendment to allow for campaign When letters took a month by sea and the lation to the floor, we think it would spending and contribution limits. I had records of the United States Government be helpful. that bill; and I’ve had that bill Con- could be moved in a single wagon pulled by So I say to my friend that I feel very gress, after Congress, after Congress. two horses, we had great statesmanship. We had men of integrity and genius: Wash- strongly, as you can tell, that if we are It’s House Resolution 8. I encourage ington, Hamilton, Franklin, Jefferson, going to have this vote, which is an ex- my colleagues to join me as cospon- Adams, Madison, Monroe. These were men traordinarily consequential vote, at sors. who were in love with principle, as if it were least we ought to have a substitute—at Let’s do what Canada and Britain an art, which in their practice they made it. least—not just an MTR, which your have done, and that’s to rein in the They studied empires that had fallen for side incorrectly argues is just a proce- control of the many by the few money the sake of doing what was right in a small country that had barely risen and were able dural vote, not just a 5-minute debate barons. to see things so clearly that they surpassed on our side and a 5-minute debate on f in greatness each and every one of the clas- your side. Don’t you think Americans sical models that they had approached in expect more of us in terms of a very b 1330 awe. Now, lost in the sins and complexity of a substantive debate on the floor of this MADE IN AMERICA, AN ECONOMIC House, not in a political forum but in a Xanadu, when we desperately need their high SOLUTION qualities of thought, their patience of delib- legislative policy forum? I would urge eration and their unerring sense of balance, the gentleman to consider that objec- (Mr. ISRAEL asked and was given permission to address the House for 1 we have only what we have, which is a polit- tive. ical class that in the main has abandoned If the gentleman has nothing further, minute and to revise and extend his re- the essential qualities of statesmanship with I yield back the balance of my time. marks.) the excuse that these are inappropriate to Mr. ISRAEL. Madam Speaker, today our age. They are wrong. Not only do they f we learn that American athletes com- fail to honor the principles of statesmanship, HOUR OF MEETING ON TOMORROW peting in the Olympics will wear uni- they fail to recognize them, having failed to forms made in China. That not only learn them, having failed to want to learn Mr. CANTOR. Madam Speaker, I ask them. unanimous consent that when the hurts our pride; it hurts our economy. In the main, they are in it for themselves. House adjourns today, it adjourn to ‘‘Made in America’’ is not just a Were they not, they would have a higher rate meet at 10 a.m. tomorrow, and further label; it is an economic solution. Today of attrition, falling with the colors of what when the House adjourns on that day, there are 600,000 vacant manufacturing they believe rather than always landing on it adjourn to meet at noon on Tuesday, jobs in this country, and the Olympic their feet—adroitly, but in dishonor. In light of their vows and responsibilities, this con- July 17, 2012, for morning-hour debate committee is outsourcing the manufac- turing of uniforms to China. That is stitutes not merely a failure, but a betrayal. and 2 p.m. for legislative business. And it is a betrayal of not only statesman- The SPEAKER pro tempore (Ms. not just outrageous; it is just plain ship and principle, but of country and kin. HERRERA BEUTLER). Is there objection dumb. It is self-defeating. Why is that? It is because things matter. to the request of the gentleman from I understand and my constituents un- Even though it be played like a game by men Virginia? derstand the hard work, the skills, and who excel at making it a game, our life in this country, our history in this country, the There was no objection. the dedication of athletes competing in the Olympics. I think the Olympic sacrifices that have been made for this coun- f try, the lives that have been given to this committee has to understand the hard country, are not a game. My life is not a RULE BY THE FEW PLUTOCRATS work, the dedication, and the skills of game. My children’s lives are not a game. My THREATENS OUR REPUBLIC America’s apparel manufacturers, de- parents’ lives were not a game. Your life is (Ms. KAPTUR asked and was given signers, and small businesses. That’s not a game. permission to address the House for 1 why today I’m calling on the Olympic Yes, it’s true, we do have accumulated committee to reverse this decision and great stores of power, of wealth, and decency minute.) against which those who pretend to lead us Ms. KAPTUR. Madam Speaker, I rise make sure that American athletes can draw when, as a result of their vanities today to draw attention to how cam- competing in the Olympics are com- and ineptitudes, they waste and expend the paign super PACs are contributing un- peting with labels that say ‘‘Made in gifts of previous generations. The margin of limited campaign spending, which America.’’ error bequeathed to them allows them to shifts enormous political power to the present their failures as successes. f They say, as we are still standing, and a superwealthy. Rule by the few pluto- THE WORDS OF MARK HELPRIN chicken is in the pot, What does it matter if crats truly threatens our Republic and I break the links between action and con- greatly harms representative govern- The SPEAKER pro tempore. Under sequence, work and reward, crime and pun- ment. the Speaker’s announced policy of Jan- ishment, merit and advancement? I myself Here is a great cartoon. It was in the uary 5, 2011, the gentleman from Texas cannot imagine a military threat and never Toledo Blade by Paul Kirk. It shows (Mr. GOHMERT) is recognized for 60 min- could. So what does it matter if I weld shut how the super PACs really have a utes as the designee of the majority the silo hatches on our ballistic missile sub- marines? What does it matter if I weld shut stranglehold on the politics of this leader. my eyes to the weapons of mass destruction country. Mr. GOHMERT. Mark Helprin is an in the hands of lunatics who are building With the Citizens United ruling by author who was educated at Harvard, long-range missiles? the Supreme Court, they threw away Oxford, Princeton, Columbia, having Our jurisprudence is the envy of the world, decades of legal precedent governing also served in the British Merchant so what does it matter if now and then I per- campaign contributions. The result has Navy and Israeli Military. I will simply jure myself a little? What is an oath? What been a growing stranglehold by the convey his words in an article first is a pledge? What is a sacred trust? Are not these things the province of the kinds of peo- money barons on good government and printed in Hillsdale College’s Imprimis ple who were foolish enough to do without our political process. The American 3 years before 9/11 propelled us into the all of their lives, to wear ruts in the Oregon people know it, and they know we’re realization that we had been at war for Trail, to brave the seas, to die on the beach- not doing anything about it. over 20 years, but only the other side es of Normandy and Iwo Jima, and on the At a minimum, we should demand knew it was a war, and also before we battlefields of Shiloh and Antietam for me greater transparency of who is actually knew how crushing and debilitating so that I can draw from America’s great ac- giving this money. No more hidden do- our enormous debt would be and has counts and look good, and be Presidential, and have fun in all kinds of ways? nors. I urge my colleagues to sign dis- become. That is what they say—if not in words, charge petition 4010, which is here on I’ve shortened the words a bit and then indelibly in actions. They who, in rob- the floor today, to move a bill for dis- provided them here as they express my bing Peter to pay Paul, present themselves

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11299 as payers and forget that they are also rob- Truman, absolutely certain that the man- American people hunger for acts of integrity bers. They who, with studied compassion, tle he assumed was far greater than he could and courage. The American people hunger minister to some of us at the expense of oth- ever be, was continually and deliberately for a statesman magnetized by the truth, un- ers. They who make goodness and charity a aware of the weight of history, the accom- willing to give up his good name, uninter- public profession, depending on their elec- plishments of his predecessors, and, by hum- ested in calculation only for the sake of vic- tion upon a well-mannered embrace of these ble and imaginative projection, his own inad- tory, unable to put his interests before those things and the power to move them not from equacy. The sobriety and care that derived of the Nation. within themselves or by their own sacrifices from this allowed him a rare privilege for What this means in practical terms is no but, by compulsion, from others. They who, modern Presidents to give to the Presidency focus groups, no polls, no triangulation, no knowing very little or next to nothing, take more than he took from it. It is not possible evasion, no broken promises, and no lies. pride in eagerly telling everyone else what to to occupy the Oval Office without arrogantly These are the tools of the chameleon. They do. They who believe absolutely in their reci- looting its assets or nobly adding to them. are employed to cheat the American people tation of pieties, not because they believe in May God bless the President who adds to of honest answers to direct questions. If the the pieties, but because they believe in them, and may God condemn the President average politician, for fear that he may lose themselves. who loots them. something, is incapable of even a genuine Nearly 400 years of America’s hard-earned America would not have come out of the ‘‘yes’’ or ‘‘no,’’ how is he supposed to rise to accounts, the principles we established, the Civil War as it did had it not been led by Lin- the great occasions of state? How is he sup- battles we fought, the morals we upheld for coln and Lee. The battles raged for 5 years, posed to face a destructive and implacable century after century, our very humility be- but for 100 years in the country, both North enemy? How is he supposed to understand fore God, now flow promiscuously through and South, modeled itself on their character. the rightful destiny of his country and lead our hands like blood onto sand, squandered They exemplified most perfectly Churchill’s it there? and laid waste by a generation that imagines statement, ‘‘Public men charged with the b 1350 history to have been but a prelude for what conduct of the war should live in a continual it would accomplish. More than a pity, more stress of soul.’’ At the coronation of an English monarch, than a shame, it is despicable. And yet this The continual stress of soul is necessary as he is given a sword. Elizabeth II took it last, parlous condition, this agony of weak men, well in peacetime, because for every good and as she held it before the altar, she heard this betrayal, and this disgusting show are deed in public life, there is a counterbalance. these words: not the end of things. Benefits are given only after taxes are taken. ‘‘Receive this kingly sword, brought now Principles are eternal. They stem not from That is part of governance. The statesman, from the altar of God and delivered to you by our resolution or lack of it, but from else- who represents the whole Nation, sees in the us, the Bishops and servants of God, though where where, in patient and infinite ranks, equilibrium for which he strives a continual unworthy. With this sword do justice, stop they simply wait to be called. They can be tension between victory and defeat. If he did the growth of iniquity, protect the holy read in history. not understand this, he would have no stress Church of God, help and defend widows and orphans, restore the things that are gone to 1340 of soul, he would merely be happy—about b money showered upon the orphan, taken decay, maintain the things that are restored, They arise as if of their own accord when, from the widow; about children sent to day punish and reform what is amiss, and con- in the face of danger, natural courage comes care, so that they may be long absent from firm what is in good order; that doing these into play and honor and defiance are born. their parents; about merciful parole of crimi- things may be glorious in all virtue; and so Things such as courage and honor are the nals, who kill again. Whereas a statesman faithfully serve our Lord.’’ mortal equivalent of certain laws written knows continual stress of soul, a politician is Would that we in America come once again throughout the universe. The rules of sym- happy, for he knows not what he does. to understand that statesmanship is not the metry and proportion, the laws of physics, It is difficult for individuals or nations to appetite for power but—because things mat- the perfection of mathematics, human will, recognize that war and peace alternate, but ter—a holy calling of self-abnegation and that not only natural law but our own best they do. No matter how long peace may last, self-sacrifice. We have made it something aspirations have a life of their own. They it will end in war. Though most people can- else. Nonetheless, after and despite its be- have lasted through far greater abuse than not believe at this moment that the United trayal, statesmanship remains the mani- abuses them now. They can be neglected, but States of America will ever actually fight for festation, in political terms of beauty, and they cannot be lost. They can be thrown its survival, history guarantees that it will. balance, and truth. It is the courage to tell down, but they cannot be broken. And, when it does, most people will not know the truth, and thus discern what is ahead. It Each of them is a different expression of a what to do. They will believe of war, as they is a mastery of symmetry of forces, illumi- single quality, from which each arises in its did of peace, that it is everlasting. nated by the genius of speaking to the heart hour of need. Some come to the fore as oth- The statesman, who is different from ev- of things. ers stay back, and then, with changing cir- eryone else, will, in the midst of common de- Statesmanship is a quality that, though it cumstance, those that have gone unnoticed spair, see the end of war, just as during the may be betrayed, is always ready to be taken rise to the occasion. peace he was alive to the inevitability of up again merely by honest subscription to Rise to the occasion. The principle suggests war, and saw it coming in the far distance, its great themes. Have confidence that even itself from a phrase, and such principles sug- as if it were a gray wave moving quietly in idleness its strengths are growing, for it is gest easily and flow generously. You can across a dark sea. a providential gift given to us in times of grab them out of the air from phrases, from The politician will revel with his people need. Evidently we do not need it now, but as memories, from images. and enjoy their enjoyments. The statesman, the world is forever interesting, the time A statesman must rise to the occasion. in continual stress of soul, will think of de- will surely come when we do. And then, so Democrats can do this. Harry Truman had struction. As others move in the light, he help me God, I believe that, solely by the the discipline of plowing a straight row 10, will move in the darkness, so that as others grace of God, the corrupt will be thrown 12, and 14 hours a day, of rising and retiring move in darkness, he may move in the light. down and the virtuous will rise up. with the sun, of struggling with tempera- This tenacity, that is given to those of long Slavery was an abomination, but mental machinery, of suffering heat and cold and insistent vision, is what saves nations. statesmen arose and fought until its and one injury after another. After a short A statesman must have a temperament demise. But 13 years after the fore- time on a farm, presumptions about ruling that is suited for the Medal of Honor, in a going words were first said, we do so others tend to vanish. It is as if you are soul that is unafraid to die. Electorates pulled to earth and held there. rightly favor those who have endured com- desperately need that statesmanship, The man who works the land is hard put to bat, not as a matter of reward for service, as and God’s unmitigated grace, so that think that he would direct armies and na- is commonly believed, but because the will- His providential gift of this Nation to tions. Truman understood the grave respon- ingness of the soldier to give his life is a us may endure for additional genera- sibility of being President of the United strong sign of his correct priorities, and that tions and, in the process, may God re- States, and that it was a task too great for in the future he will truly understand that sume blessing these United States of him or anyone else to accomplish without statesmen are not rulers but are servants. It America. doing a great deal of injury—if not to some, seems clear, even in these years of squalid Mr. Speaker, I yield back the balance then to others. He understood that, there- degradation, that having risked death for the fore, he had to transcend himself. There sake of honor is better than having risked of my time. would be little enjoyment of the job, because dishonor for the sake of life. f he had to be always aware of the enormous No matter what you’re told by the sophis- LEAVE OF ABSENCE consequences of everything he did. Contrast ticated classes that see virtue in every form this with the unspeakably vulgar pleasure in of corruption and corruption in every form of By unanimous consent, leave of ab- office of President Clinton. virtue, I think you know, as I do, that the sence was granted to:

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Mr. COBLE (at the request of Mr. CAN- Economic Area-based 800 MHz Specialized Executive Order 13581 of July 24, 2011; to the TOR) for today on account of personal Mobile Radio Licensees; Request for Declara- Committee on Foreign Affairs. reasons. tory Ruling that the Commission’s Rules Au- 6888. A letter from the Deputy Secretary, thorize Greater than 25 kHz Bandwidth Oper- Department of the Treasury, transmitting as Ms. JACKSON LEE of Texas (at the re- ations in the 817-824/862-869 MHz Band [WT required by section 401(c) of the National quest of Ms. PELOSI) for today on ac- Docket No.: 12-64] [WT Docket No.: 11-110] re- Emergencies Act, 50 U.S.C. 1641(c), and sec- count of business in district. ceived June 14, 2012, pursuant to 5 U.S.C. tion 204(c) of the International Emergency Mr. RUSH (at the request of Ms. 801(a)(1)(A); to the Committee on Energy and Economic Powers Act, 50 U.S.C. 1703(c), a PELOSI) for today. Commerce. six-month periodic report on the national f 6879. A letter from the Deputy Bureau emergency with respect to the former Libe- Chief, Wireline Competition Bureau, Federal rian regime of Charles Taylor that was de- ADJOURNMENT Communications Commission, transmitting clared in Executive Order 13348 of July 22, Mr. GOHMERT. Mr. Speaker, I move the Commission’s final rule — Wireline Com- 2004; to the Committee on Foreign Affairs. 6889. A letter from the Secretary, Depart- that the House do now adjourn. petition Bureau Announces Support Amounts For Connect America Fund Phase ment of Transportation, transmitting the The motion was agreed to; accord- One Incremental Support [WC Docket Nos.: Semiannual Report of the Office of Inspector ingly (at 1 o’clock and 55 minutes 10-90, 05-337] received June 14, 2012, pursuant General for the period ending March 31, 2012, p.m.), under its previous order, the to 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. app. (Insp. Gen. Act) House adjourned until tomorrow, Fri- Energy and Commerce. section 5(b); to the Committee on Oversight day, July 13, 2012, at 10 a.m. 6880. A letter from the Chief of Staff, Wire- and Government Reform. 6890. A letter from the Secretary, Depart- f less Telecommunications Bureau, Federal Communications Commission, transmitting ment of Transportation, transmitting the EXECUTIVE COMMUNICATIONS, the Commission’s final rule — Wireless Tele- Semiannual Report of the Office of Inspector ETC. communications Bureau and Public Safety General for the period ending March 31, 2012, pursuant to 5 U.S.C. app. (Insp. Gen. Act) Under clause 2 of rule XIV, executive and Homeland Security Bureau Suspend the Acceptance and Processing of Certain Part 22 section 5(b); to the Committee on Oversight communications were taken from the and 90 Applications for 470-512 MHz (T-Band) and Government Reform. Speaker’s table and referred as follows: Spectrum received June 14, 2012, pursuant to 6891. A letter from the Associate General 6872. A letter from the Under Secretary, 5 U.S.C. 801(a)(1)(A); to the Committee on Counsel, Department of Agriculture, trans- Department of Defense, transmitting a re- Energy and Commerce. mitting two reports pursuant to the Federal port of a violation of the Antideficiency Act, 6881. A letter from the Deputy Bureau Vacancies Reform Act of 1998; to the Com- Army Case Number 10-02; to the Committee Chief, Wireline Competition Bureau, Federal mittee on Oversight and Government Re- on Appropriations. Communications Commission, transmitting form. 6892. A letter from the Secretary, Depart- 6873. A letter from the Chairman, National the Commission’s final rule — Connect ment of the Treasury, transmitting the De- Labor Relations Board, transmitting notifi- America Fund; High-Cost Universal Service partment’s semiannual reports from the cation of two violations of the Support; [WC Docket No.: 10-90] [WC Docket Treasury Inspector General and the Treasury Antideficiency Act, as required by section No.: 05-337] received June 14, 2012, pursuant Inspector General for Tax Administration; to 1351 of Title 31, United States Code, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the Committee on Oversight and Govern- to 31 U.S.C. 1351; to the Committee on Appro- Energy and Commerce. ment Reform. priations. 6882. A letter from the Director, Office of 6893. A letter from the Chair, Equal Em- 6874. A letter from the Chairman and Presi- Congressional Affairs, Nuclear Regulatory ployment Opportunity Commission, trans- dent, Export-Import Bank, transmitting a Commission, transmitting the Commission’s mitting the semiannual report on the activi- report on transactions involving U.S. exports final rule — Advance Notification to Native ties of the Inspector General and manage- to Australia pursuant to Section 2(b)(3) of American Tribes of Transportation of Cer- ment report for the period ending March 31, the Export-Import Bank Act of 1945, as tain Types of Nuclear Waste [NRC-1999-0005] 2012, pursuant to 5 U.S.C. app. (Insp. Gen. amended; to the Committee on Financial (RIN: 3150-AG41) received June 19, 2012, pur- Act), section 5(b); to the Committee on Over- Services. suant to 5 U.S.C. 801(a)(1)(A); to the Com- sight and Government Reform. 6875. A letter from the Chairman, Securi- mittee on Energy and Commerce. 6894. A letter from the Special Counsel for ties and Exchange Commission, transmitting 6883. A letter from the Director, Office of Congressional/Intergovernmental Affairs, the Commission’s 2011 Annual Report of the Congressional Affairs, Nuclear Regulatory National Labor Relations Board, transmit- Securities Investor Protection Corporation; Commission, transmitting the Commission’s ting the Board’s semiannual report from the to the Committee on Financial Services. final rule — NRC Enforcement Policy Revi- office of the Inspector General for the period 6876. A letter from the Surgeon General, sion [NRC-2011-0176] received June 19, 2012, October 1, 2011 through March 31, 2012; to the Department of Health and Human Services, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Oversight and Government transmitting third annual Status Report mittee on Energy and Commerce. Reform. from the National Prevention, Health Pro- 6884. A letter from the Acting Director, De- 6895. A letter from the Director, Peace motion and Public Health Council; to the fense Security Cooperation Agency, trans- Corps, transmitting the semiannual report Committee on Energy and Commerce. mitting a notice of proposed follow-on lease on the activities of the Office of Inspector 6877. A letter from the Deputy Division with the Government of Singapore (Trans- General for the period October 1, 2011 Chief, Pricing Policy Division, Wireline mittal No. 04-12) pursuant to Section 62(a) of through March 31, 2012; to the Committee on Competition Bureau, Federal Communica- the Arms Export Control Act; to the Com- Oversight and Government Reform. tions Commission, transmitting the Com- mittee on Foreign Affairs. 6896. A letter from the Administrator, mission’s final rule — Connect America 6885. A letter from the Acting Secretary, Small Business Administration, transmit- Fund; A National Broadband Plan for Our Department of Commerce, transmitting a ting the Administration’s semiannual report Future; Establishing Just and Reasonable certification of export to China; to the Com- from the office of the Inspector General for Rates for Local Exchange Carriers; High- mittee on Foreign Affairs. the period October 1, 2011 through March 31, Cost Universal Service Support; Developing 6886. A letter from the Assistant Legal Ad- 2012, pursuant to 5 U.S.C. app. (Insp. Gen. a Unified Intercarrier Compensation Regime; viser for Treaty Affairs, Department of Act) section 5(b); to the Committee on Over- Federal-State Joint Board on Universal State, transmitting report prepared by the sight and Government Reform. Service; Lifeline and Link-Up; Universal Department of State concerning inter- 6897. A letter from the Acting Deputy As- Service Reform-Mobility Fund [WC Docket national agreements other than treaties en- sistant Administrator for Regulatory Pro- No.: 10-90] [GN Docket No.: 09-51] [WC Docket tered into by the United States to be trans- grams, NMFS, National Oceanic and Atmos- No.: 07-135] [WC Docket No.: 05-337] [CC mitted to the Congress within the sixty-day pheric Administration, transmitting the Ad- Docket No.: 01-92] [CC Docket No.: 96-45] [WC period specified in the Case-Zablocki Act; to ministration’s final rule — Atlantic Coastal Docket No.: 03-109] [WT Docket No.: 10-208] the Committee on Foreign Affairs. Fisheries Cooperative Management Act Pro- received June 14, 2012, pursuant to 5 U.S.C. 6887. A letter from the Deputy Secretary, visions; American Lobster Fishery [Docket 801(a)(1)(A); to the Committee on Energy and Department of the Treasury, transmitting as No.: 110722404-1073-02] (RIN: 0648-BA56) re- Commerce. required by section 401(c) of the National ceived June 26, 2012, pursuant to 5 U.S.C. 6878. A letter from the Chief of Staff, Wire- Emergencies Act, 50 U.S.C. 1641(c), and sec- 801(a)(1)(A); to the Committee on Natural less Telecommunications Bureau, Federal tion 204(c) of the International Emergency Resources. Communications Commission, transmitting Economic Powers Act, 50 U.S.C. 1703(c), a 6898. A letter from the Acting Director, Of- the Commission’s final rule — Improving six-month periodic report on the national fice of Sustainable Fisheries, NMFS, Na- Spectrum Efficiency Through Flexible Chan- emergency with respect to transnational tional Oceanic and Atmospheric Administra- nel Spacing and Bandwidth Utilization for criminal organizations that was declared in tion, transmitting the Administration’s final

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11301 rule — Fisheries of the Exclusive Economic ceived June 26, 2012, pursuant to 5 U.S.C. titles were introduced and severally re- Zone Off Alaska; Pacific Ocean Perch in the 801(a)(1)(A); to the Committee on Natural ferred, as follows: Western Aleutian District of the Bering Sea Resources. By Ms. EDDIE BERNICE JOHNSON of and Aleutian Islands Management Area 6906. A letter from the Acting Director, Of- Texas (for herself, Ms. EDWARDS, and [Docket No.: 111213751-2102-02] (RIN: 0648- fice of Sustainable Fisheries, NMFS, Na- tional Oceanic and Atmospheric Administra- Mr. LIPINSKI): XC061) received June 26, 2012, pursuant to 5 H.R. 6106. A bill to establish scientific U.S.C. 801(a)(1)(A); to the Committee on Nat- tion, transmitting the Administration’s final rule — Magnuson-Stevens Fishery Conserva- standards and protocols across forensic dis- ural Resources. ciplines, and for other purposes; to the Com- 6899. A letter from the Acting Director, Of- tion and Management Act Provisions; Fish- eries of the Northeastern United States; mittee on Science, Space, and Technology, fice of Sustainable Fisheries, NMFS, Na- and in addition to the Committee on the Ju- tional Oceanic and Atmospheric Administra- Northeast Multispecies Fishery; Framework Adjustment 47 [Docket No.: 120109034-2171-01] diciary, for a period to be subsequently de- tion, transmitting the Administration’s final termined by the Speaker, in each case for rule — Fisheries of the Exclusive Economic (RIN: 0648-BB62) received June 18, 2012, pur- suant to 5 U.S.C. 801(a)(1)(A); to the Com- consideration of such provisions as fall with- Zone Off Alaska; Pacific Cod for American in the jurisdiction of the committee con- Fisheries Act Catcher/Processors Using mittee on Natural Resources. 6907. A letter from the Acting Assistant cerned. Trawl Gear in the Bering Sea and Aleutian By Mr. RANGEL (for himself, Mr. Islands Management Area [Docket No.: Administrator for Fisheries, NMFS, National THOMPSON of Pennsylvania, Mrs. 111213751-2102-02] (RIN: 0648-XC064) received Oceanic and Atmospheric Administration, CHRISTENSEN, Mr. JONES, Mr. MEEKS, June 26, 2012, pursuant to 5 U.S.C. transmitting the Administration’s final rule Mr. MCCAUL, Mr. BISHOP of Georgia, 801(a)(1)(A); to the Committee on Natural — Fisheries of the Northeastern United Ms. SCHAKOWSKY, Ms. RICHARDSON, Resources. States; Atlantic Mackerel, Squid, and Ms. BERKLEY, Ms. CHU, Mr. PLATTS, 6900. A letter from the Acting Deputy As- Butterfish Fisheries; Specifications and Management Measures; Correction [Docket and Mr. KELLY): sistant Administrator for Regulatory Pro- No.: 110707371-2136-02] (RIN: 0648-BB28) re- H.R. 6107. A bill to amend title 38, United grams, NMFS, National Oceanic and Atmos- ceived June 18, 2012, pursuant to 5 U.S.C. States Code, to improve the ability of health pheric Administration, transmitting the Ad- 801(a)(1)(A); to the Committee on Natural care professionals to treat veterans via tele- ministration’s final rule — Fisheries of the Resources. medicine; to the Committee on Veterans’ Af- Caribbean, Gulf of Mexico, and South Atlan- 6908. A letter from the Acting Director, Of- fairs. tic; Snapper-Grouper Fishery Off the South- fice of Sustainable Fisheries, NMFS, Na- By Mr. FLORES: ern Atlantic States; Amendment 24 [Docket tional Oceanic and Atmospheric Administra- H.R. 6108. A bill to reduce the pay of Mem- No.:101202599-2122-02] (RIN: 0648-BA52) re- tion, transmitting the Administration’s final bers of Congress who miss votes because of ceived June 26, 2012, pursuant to 5 U.S.C. rule — Magnuson-Stevens Act Provisions; campaigning for election to another office; 801(a)(1)(A); to the Committee on Natural Fisheries Off West Coast States; Biennial to the Committee on House Administration, Resources. Specifications and Management Measures; and in addition to the Committee on Over- 6901. A letter from the Acting Director, Of- Inseason Adjustments [Docket No.: 100804324- sight and Government Reform, for a period fice of Sustainable Fisheries, NMFS, Na- 1265-02] (RIN: 0648-BC11) received June 18, to be subsequently determined by the Speak- tional Oceanic and Atmospheric Administra- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the er, in each case for consideration of such pro- tion, transmitting the Administration’s final Committee on Natural Resources. visions as fall within the jurisdiction of the rule — Accountability Measures for the Rec- 6909. A letter from the Acting Assistant committee concerned. reational Sector of Gray Triggerfish in the Administrator for Fisheries, NMFS, National By Mr. LEVIN (for himself, Mr. RAN- Gulf of Mexico for the 2012 Fishing Year Oceanic and Atmospheric Administration, GEL, Mr. MCDERMOTT, Mr. LEWIS of [Docket No.: 120417412-2412-01] (RIN: 0648- transmitting the Administration’s final rule Georgia, Mr. NEAL, Mr. BECERRA, Mr. XCO36) received June 26, 2012, pursuant to 5 — Fisheries of the Northeastern United BLUMENAUER, Mr. KIND, Mr. PAS- U.S.C. 801(a)(1)(A); to the Committee on Nat- States; Northeast Multispecies Fishery; Rec- CRELL, Mr. CROWLEY, and Ms. BERK- ural Resources. reational Accountability Measures [Docket LEY): 6902. A letter from the Acting Director, Of- No.: 111128700-2405-02] (RIN: 0648-BB66) re- H.R. 6109. A bill to amend the Internal Rev- fice of Sustainable Fisheries, NMFS, Na- ceived June 18, 2012, pursuant to 5 U.S.C. enue Code of 1986 to extend the research and tional Oceanic and Atmospheric Administra- 801(a)(1)(A); to the Committee on Natural development tax credit, to limit treaty bene- tion, transmitting the Administration’s final Resources. fits with respect to certain deductible re- rule — Fisheries of the Exclusive Economic 6910. A letter from the Clerk, Court of Ap- lated-party payments, and to treat general Zone Off Alaska; Northern Rockfish in the peals, transmitting an opinion of the United aviation aircraft as 7-year property; to the Bering Sea and Aleutian Islands Manage- States Court of Appeals for the Seventh Cir- Committee on Ways and Means. ment Area [Docket No.:111213751-2102-02] cuit, Exelon Generation Company, LLC v. By Mr. LIPINSKI (for himself, Mr. (RIN: 0648-XC052) received June 26, 2012, pur- Local 15, International Broth, No. 11-2423, LATOURETTE, Mr. MICHAUD, Ms. KAP- suant to 5 U.S.C. 801(a)(1)(A); to the Com- (May 31, 2012); to the Committee on the Judi- TUR, and Mr. CONYERS): mittee on Natural Resources. ciary. H.R. 6110. A bill to establish educational 6903. A letter from the Acting Director, Of- 6911. A letter from the Auditor, Congres- seminars at United States ports of entry to fice of Sustainable Fisheries, NMFS, Na- sional Medal of Honor Society, transmitting improve the ability of U.S. Customs and Bor- tional Oceanic and Atmospheric Administra- the annual financial report of the Society for der Protection personnel to classify and ap- tion, transmitting the Administration’s final calendar year 2011, pursuant to 36 U.S.C. praise articles that are imported into the rule — Atlantic Highly Migratory Species; 1101(19) and 1103; to the Committee on the United States in accordance with the cus- Commercial Porbeagle Shark Fishery Clo- Judiciary. toms laws of the United States; to the Com- sure (RIN: 0648-XC044) received June 26, 2012, f mittee on Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- REPORTS OF COMMITTEES ON By Mr. HECK (for himself and Mr. mittee on Natural Resources. RENACCI): 6904. A letter from the Acting Deputy As- PUBLIC BILLS AND RESOLUTIONS H.R. 6111. A bill to exclude from consider- sistant Administrator for Regulatory Pro- Under clause 2 of rule XIII, reports of ation as income under the United States grams, NMFS, National Oceanic and Atmos- committees were delivered to the Clerk Housing Act of 1937 payments of pension pheric Administration, transmitting the Ad- for printing and reference to the proper made under section 1521 of title 38, United ministration’s final rule — Western Pacific calendar, as follows: States Code, to veterans who are in need of Pelagic Fisheries; Modification of American regular aid and attendance; to the Com- Mr. SMITH of Texas: Committee on the Ju- Samoa Large Vessel Prohibited Area [Dock- mittee on Financial Services. diciary. H.R. 3120. A bill to amend the Immi- et No.: 110909578-2120-02] (RIN: 0648-BB45) re- By Mr. WOODALL (for himself, Mr. gration and Nationality Act to require ac- ceived June 26, 2012, pursuant to 5 U.S.C. FRANKS of Arizona, Mr. MCCLINTOCK, creditation of certain educational institu- 801(a)(1)(A); to the Committee on Natural Mr. WILSON of South Carolina, Mr. tions for purposes of a nonimmigrant stu- Resources. AUSTIN SCOTT of Georgia, Mr. CAMP- dent visa, and for other purposes; with an 6905. A letter from the Acting Deputy As- BELL, Mr. KING of Iowa, Mr. WEST- amendment (Rept. 112–595). Referred to the sistant Administrator for Regulatory Pro- MORELAND, Mr. JONES, Mr. LONG, Mr. Committee of the Whole House on the state grams, NMFS, National Oceanic and Atmos- OLSON, Mr. SCOTT of South Carolina, of the Union. pheric Administration, transmitting the Ad- and Mr. FITZPATRICK): ministration’s final rule — Fisheries of the f H.R. 6112. A bill to require Federal contrac- Caribbean, Gulf of Mexico, and South Atlan- PUBLIC BILLS AND RESOLUTIONS tors and other recipients of Federal funds to tic; Snapper-Grouper Fishery Off the South- participate in the E-Verify Program for em- ern Atlantic States; Amendment 18A [Dock- Under clause 2 of rule XII, public ployment eligibility verification, to perma- et No.: 120309176-2075-02] (RIN: 0648-BB56) re- bills and resolutions of the following nently reauthorize the E-Verify Program,

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11302 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 July 12, 2012 and for other purposes; to the Committee on H.R. 6120. A bill to amend the Internal Rev- By Mr. NADLER: the Judiciary, and in addition to the Com- enue Code of 1986 to allow a credit against H.R. 6124. A bill to direct the Secretary of mittee on Education and the Workforce, for tax for qualified manufacturing facility con- Transportation to issue regulations with re- a period to be subsequently determined by struction costs; to the Committee on Ways spect to ensuring families are able to sit to- the Speaker, in each case for consideration and Means. gether on flights, and for other purposes; to of such provisions as fall within the jurisdic- By Mr. LARSON of Connecticut (for the Committee on Transportation and Infra- tion of the committee concerned. himself, Mr. SHUSTER, Mr. CUMMINGS, structure. By Mrs. LUMMIS (for herself and Mr. Mr. DOLD, Mr. LEWIS of Georgia, Mr. By Mr. RENACCI (for himself and Mr. RAHALL): YOUNG of Alaska, Mr. CHANDLER, Mr. PERLMUTTER): H.R. 6113. A bill to repeal a limitation on COOPER, Mr. TIBERI, Mr. ROONEY, Mr. H.R. 6125. A bill to amend the Federal De- annual payments under the Surface Mining CRITZ, Ms. EDWARDS, Mr. WALZ of posit Insurance Act and the Federal Credit Control and Reclamation Act of 1977; to the Minnesota, Mr. YARMUTH, Ms. ESHOO, Union Act with respect to privilege of infor- Committee on Natural Resources. Mr. SIRES, Ms. ZOE LOFGREN of Cali- mation provided to Federal and State agen- By Mr. BENISHEK: fornia, Mr. TOWNS, Mr. MCDERMOTT, cies, and for other purposes; to the Com- H.R. 6114. A bill to amend title 40, United Mr. SERRANO, Ms. MATSUI, Mr. BOS- mittee on Financial Services. States Code, to grant veterans access to Fed- WELL, Mr. THOMPSON of California, By Ms. EDDIE BERNICE JOHNSON of eral excess and surplus property; to the Com- Mr. DICKS, Mr. DEFAZIO, Mr. MCGOV- Texas (for herself, Mr. ELLISON, Mr. mittee on Oversight and Government Re- ERN, Mr. QUIGLEY, Mr. GENE GREEN of CARSON of Indiana, Mr. CONYERS, Mr. form. Texas, Mr. BLUMENAUER, Ms. SUTTON, HOLT, Mr. CONNOLLY of Virginia, Mr. By Ms. BUERKLE (for herself and Mr. Ms. PINGREE of Maine, Mr. TIERNEY, RUSH, Ms. BORDALLO, Mr. CARNAHAN, ELLY K ): Mr. LANGEVIN, Mr. DEUTCH, Ms. SE- Ms. FUDGE, Ms. LEE of California, Mr. H.R. 6115. A bill to amend the Internal Rev- WELL, Mr. CARSON of Indiana, Ms. VISCLOSKY, Ms. MOORE, Mr. STARK, enue Code of 1986 to increase the contribu- JACKSON LEE of Texas, Mr. ISRAEL, Mr. GRIJALVA, Mr. PASCRELL, Mr. tion limit for Coverdell education savings Ms. DEGETTE, Mr. ALTMIRE, Mr. HONDA, Mr. TOWNS, Mr. SHERMAN, Ms. accounts from $2,000 to $10,000; to the Com- THOMPSON of Mississippi, Mr. RUP- MCCOLLUM, Ms. JACKSON LEE of mittee on Ways and Means. PERSBERGER, Mr. ACKERMAN, Mr. Texas, Ms. CHU, Ms. CLARKE of New By Mrs. CHRISTENSEN (for herself, BISHOP of Georgia, Ms. BASS of Cali- York, Mr. CLEAVER, and Mr. FILNER): Mr. FALEOMAVAEGA, Ms. BORDALLO, fornia, Mr. PERLMUTTER, Mr. REYES, H. Res. 728. A resolution recognizing the Mr. CLAY, Mr. CLEAVER, Ms. LEE of Ms. MOORE, Mr. LUJA´ N, Mr. HINOJOSA, commencement of Ramadan, the Islamic California, Mr. TOWNS, Mr. JOHNSON Ms. HAHN, Mr. BACA, Ms. VELA´ ZQUEZ, holy month of fasting and spiritual renewal, of Georgia, Mr. DAVIS of Illinois, Mr. Mr. JACKSON of Illinois, Mr. ROSS of and commending Muslims in the United CONYERS, Mr. WATT, Ms. CLARKE of Arkansas, Mr. MARINO, Mr. States and throughout the world for their New York, Mr. HASTINGS of Florida, BARLETTA, Mr. MCNERNEY, Mr. GER- faith; to the Committee on Foreign Affairs. Mr. RANGEL, Mr. THOMPSON of Mis- LACH, Mr. DENT, Mr. WATT, Mr. sissippi, Mr. RICHMOND, Mr. f FLEISCHMANN, Mr. HASTINGS of Flor- BUTTERFIELD, Ms. FUDGE, Mr. SCOTT ida, Mr. GUTHRIE, Mr. MURPHY of of Virginia, Mr. AL GREEN of Texas, PRIVATE BILLS AND Pennsylvania, Mr. SHULER, Mr. HEIN- Ms. EDWARDS, Ms. WATERS, Mr. RESOLUTIONS RICH, Mr. THOMPSON of Pennsylvania, MEEKS, Mr. BISHOP of Georgia, Ms. Mr. LATOURETTE, Mr. FRELING- Under clause 3 of rule XII, BASS of California, Ms. MOORE, Ms. HUYSEN, Mr. MCHENRY, Mrs. BONO Mr. FILNER introduced a bill (H.R. 6126) EDDIE BERNICE JOHNSON of Texas, Ms. MACK, Mr. DOYLE, Mr. TURNER of for the relief of Azucena Salazar Bazan; NORTON, Ms. RICHARDSON, Ms. WILSON Ohio, Mr. RICHMOND, Mr. ANDREWS, which was referred to the Committee on the of Florida, Ms. BROWN of Florida, Mr. Ms. WOOLSEY, Mrs. MALONEY, Mr. Judiciary. RUSH, and Ms. JACKSON LEE of WELCH, Mrs. MCCARTHY of New York, Texas): f H.R. 6116. A bill to amend the Revised Or- Ms. BONAMICI, Ms. DELAURO, Mr. ganic Act of the Virgin Islands to provide for MURPHY of Connecticut, Mr. COURT- CONSTITUTIONAL AUTHORITY direct appeals to the United States Supreme NEY, Mr. CAPUANO, Mr. GRIJALVA, Mr. STATEMENT Court of decisions of the Virgin Islands Su- HOLDEN, Mr. CLAY, Mr. BRADY of Pennsylvania, Mr. RAHALL, Mr. Pursuant to clause 7 of rule XII of the preme Court; to the Committee on the Judi- Rules of the House of Representatives, the ciary. BISHOP of New York, Mr. FATTAH, Mr. CARNAHAN, Mr. COSTA, Ms. LORETTA following statements are submitted regard- By Mr. CONYERS (for himself, Mr. ing the specific powers granted to Congress BERMAN, Mr. NADLER, Ms. ZOE LOF- SANCHEZ of California, Mr. RANGEL, Ms. BORDALLO, Mr. VISCLOSKY, Ms. in the Constitution to enact the accom- GREN of California, Mr. COHEN, Mr. panying bill or joint resolution. JOHNSON of Georgia, Ms. CHU, Ms. RICHARDSON, Ms. CLARKE of New LINDA T. SA´ NCHEZ of California, Ms. York, Ms. MCCOLLUM, Ms. KAPTUR, By Ms. EDDIE BERNICE JOHNSON of SCHAKOWSKY, Ms. NORTON, Mr. DIN- Ms. NORTON, Mr. LARSEN of Wash- Texas: GELL, Mr. GEORGE MILLER of Cali- ington, Mrs. DAVIS of California, Mr. H.R. 6106. fornia, Ms. MCCOLLUM, Mr. KUCINICH, HIGGINS, Mr. HIMES, Mr. CONNOLLY of Congress has the power to enact this legis- Mr. CAPUANO, Mr. FILNER, Ms. LEE of Virginia, Ms. HOCHUL, Ms. CHU, Mr. lation pursuant to the following: California, Mr. GUTIERREZ, Mr. DOG- AL GREEN of Texas, Mr. VAN HOLLEN, Congress has the power to enact this legis- GETT, and Mr. GRIJALVA): Ms. ROYBAL-ALLARD, Mr. STARK, Mr. lation pursuant to the following: Article I, H.R. 6117. A bill to amend title 11, United CICILLINE, and Mr. LANCE): section 8 of the Constitution of the United States Code, to improve protections for em- H.R. 6121. A bill to provide for the issuance States. ployees and retirees in business bank- of a Victory for Veterans stamp, and for By Mr. RANGEL: ruptcies; to the Committee on the Judiciary. other purposes; to the Committee on Over- H.R. 6107. By Mr. GRIMM (for himself, Mr. ROS- sight and Government Reform, and in addi- Congress has the power to enact this legis- KAM, Mr. WOMACK, and Mr. ROSS of tion to the Committee on Veterans’ Affairs, lation pursuant to the following: Arkansas): for a period to be subsequently determined Congress has the power to enact this legis- H.R. 6118. A bill to amend section 353 of the by the Speaker, in each case for consider- lation pursuant to the following: Congress is Public Health Service Act with respect to ation of such provisions as fall within the ju- given the power under the Constitution ‘‘To suspension, revocation, and limitation of risdiction of the committee concerned. raise and support Armies,’’ ‘‘To provide and laboratory certification; to the Committee By Mr. DANIEL E. LUNGREN of Cali- maintain a Navy,’’ and ‘‘To make Rules for on Energy and Commerce. fornia: the Government and Regulation of the land By Mr. HONDA: and naval Forces.’’ Art. I, § 8, cls. 12-14. See H.R. 6119. A bill to establish a program to H.R. 6122. A bill to revise the authority of also: ROSTKER V. GOLDBERG, 453 U. S. 57 accelerate entrepreneurship and innovation the Librarian of Congress to accept gifts and (1981) by partnering world-class entrepreneurs with bequests on behalf of the Library, and for By Mr. FLORES: Federal agencies; to the Committee on Over- other purposes; to the Committee on House H.R. 6108. sight and Government Reform. Administration. Congress has the power to enact this legis- By Mr. HONDA (for himself, Mr. By Ms. MATSUI: lation pursuant to the following: CARNAHAN, Mr. CARNEY, Mr. H.R. 6123. A bill to clarify the authority of Article 1, Section 9, Clause 7 which states CICILLINE, Mr. ELLISON, Mr. LARSEN the Secretary of the Army to correct erro- that no money shall be drawn from the of Washington, Ms. LEE of California, neous Army College Fund benefit amounts; Treasury, but in Consequence of Appropria- Mr. RYAN of Ohio, and Mr. WELCH): to the Committee on Armed Services. tions made by Law; and a regular Statement

VerDate Sep 11 2014 14:47 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\TEMP\BR12\H12JY2.000 H12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 8 11303 and Account of the Receipts and Expendi- revenue, and spend that revenue under Arti- Congress has the power to enact this legis- tures of all public Money shall be published cle I, Section 8, Clause 1. This legislation lation pursuant to the following: from time to time. The Appropriations seeks to repeal a section of that bill dealing Article 1, Section 8, Clause 3 of the United Clause provides Congress with a mechanism with the distribution of AML funds. While States Constitution. to control or to limit spending by the federal the Constitution gives no explicit authority By Mr. NADLER: government to repeal, it can be inferred that what Con- H.R. 6124. By Mr. LEVIN: gress has the Constitutional authority to Congress has the power to enact this legis- H.R. 6109. create, it can also repeal. lation pursuant to the following: Congress has the power to enact this legis- By Mr. BENISHEK: Congress has the power to enact this legis- lation pursuant to the following: H.R. 6114. lation pursuant to the following: clause 3 of Article I, Section 8, Clause 1 Congress has the power to enact this legis- section 8 of article I of the Constitution and ‘‘The Congress shall have Power to lay and lation pursuant to the following: clause 18 of section 8 of article I of the Con- collect Taxes, Duties, Imposts and Excises, Article IV, Section 3, clause 2 stitution. to pay the Debts and provide for the common ‘‘The Congress shall have Power to dispose By Mr. RENACCI: Defence and general Welfare of the United of and make all needful Rules and Regula- H.R. 6125. States; but all Duties, Imposts and Excises tions respecting the Territory or other Prop- Congress has the power to enact this legis- shall be uniform throughout the United erty belonging to the United States;’’ lation pursuant to the following: States.’’ By Ms. BUERKLE: Amendment X is cited as delegating to the Sixteenth Amendment H.R. 6115. states or to the people all ‘‘powers not dele- ‘‘The Congress shall have power to lay and Congress has the power to enact this legis- gated to the United States by the Constitu- collect taxes on incomes, from whatever lation pursuant to the following: tion.’’ source derived, without apportionment Section 8, clause 1 (‘‘The Congress shall Additionally, Article I, Section 8, Clause among the several States, and without re- have Power To lay and collect Taxes, Duties, 18: The Congress shall have Power to make gard to any census or enumeration.’’ Imposts and Excises . . .’’), and the 16th all Laws which shall be necessary and proper By Mr. LIPINSKI: Amendment. for carrying into Execution the foregoing H.R. 6110. By Mrs. CHRISTENSEN: Powers, and all other Powers vested by the Congress has the power to enact this legis- H.R. 6116. Constitution in the Government of the lation pursuant to the following: Congress has the power to enact this legis- United States, or in any Department or Offi- Article 1, Section 8, Clause 3: The Congress lation pursuant to the following: cer thereof. shall have Power * * * To regulate Com- ‘‘Article IV, section 3 of the Constitution Mr. FILNER: merce with foreign Nations, and among the of the United States grant Congress the au- H.R. 6126. several States, and with the Indian Tribes. thority to make all needful Rules and Regu- Congress has the power to enact this legis- Article 1, Section 8, Clause 1: The Congress lations respecting the Territory or other lation pursuant to the following: shall have Power to lay and collect Taxes, Property belonging to the United States.’’ The constitutional authority of Congress Duties, Imposts and Excises, to pay the By Mr. CONYERS: to enact this legislation is provided by Arti- Debts and provide for the common Defence H.R. 6117. cle I, Section 8 of the United States Con- Congress has the power to enact this legis- and general Welfare of the United States; but stitution (Clause 4), which grants Congress lation pursuant to the following: all Duties, Imposts and Excises shall be uni- the power to establish a Uniform rule of Nat- Article I, Section 8, Clause 4. form throughout the United States. uralization throughout the United States. By Mr. GRIMM: By Mr. HECK: H.R. 6118. f H.R. 6111. Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: ADDITIONAL SPONSORS lation pursuant to the following: Article I, Section 8, Clause 18 to make all Under clause 7 of rule XII, sponsors The power granted to Congress under Arti- Laws which shall be necessary and proper for cle I, Section 8, Clause 18 of the United were added to public bills and resolu- carrying into Execution the foregoing Pow- tions as follows: States Constitution, to make all laws which ers, and all other Powers vested by the Con- shall be necessary and proper for carrying stitution in the Government of the United H.R. 192: Mr. PASTOR of Arizona and Ms. into execution the foregoing Powers, and all States, or in any Department or Officer KAPTUR. other powers vested by the Constitution in thereof. H.R. 303: Mr. STIVERS. the Government of the United States, or in By Mr. HONDA: H.R. 409: Mr. OWENS. any Department or officer thereof. H.R. 6119. H.R. 498: Mr. GRIFFIN of Arkansas. By Mr. WOODALL: Congress has the power to enact this legis- H.R. 719: Ms. HAYWORTH, Mr. ROHRABACHER, H.R. 6112. lation pursuant to the following: and Mr. ANDREWS. Congress has the power to enact this legis- Article I, Section 8, Clause 18 of the United H.R. 735: Mr. BENISHEK. lation pursuant to the following: States Constitution. H.R. 831: Ms. MOORE and Mr. WITTMAN. ‘‘Commerce Clause (Art. 1 sec. 8 cl. 3) By Mr. HONDA: H.R. 835: Mr. LOEBSACK. Necessary and Proper Clause (Art. 1 sec. 8 H.R. 6120. H.R. 891: Mr. RICHMOND. cl. 18) Congress has the power to enact this legis- H.R. 972: Mrs. BACHMANN. By Mrs. LUMMIS: lation pursuant to the following: H.R. 1006: Mr. FITZPATRICK. H.R. 6113. section 8 of article I of the Constitution. H.R. 1044: Mr. THOMPSON of California. Congress has the power to enact this legis- By Mr. LARSON of Connecticut: H.R. 1050: Mr. HANNA. lation pursuant to the following: H.R. 6121. H.R. 1111: Mr. DUNCAN of South Carolina. Article IV, Section 3, Clause 2 Congress has the power to enact this legis- H.R. 1167: Mr. CASSIDY. The Congress shall have Power to dispose lation pursuant to the following: H.R. 1283: Mr. TIERNEY, Mr. AKIN, and Mr. of and make all needful Rules and Regula- Clause 7, section 8, of article I to establish STIVERS. tions respecting the Territory or other Prop- Post Offices and Post Roads, in combination H.R. 1464: Mr. ROSKAM. erty belonging to the United States; and with clause 18, section 8, article I to make H.R. 1475: Mr. MARINO. nothing in this Constitution shall be so con- all Laws which shall be necessary and proper H.R. 1648: Mr. BOSWELL. strued as to Prejudice any Claims of the for carrying into Execution the foregoing H.R. 1672: Mr. LOEBSACK and Mr. CAMP. United States, or of any particular State. Powers, and all other Powers vested by this H.R. 1675: Ms. HAYWORTH and Mr. HASTINGS Article I, Section 8, Clause 1 Constitution in the Government of the of Florida. The Congress shall have Power to lay and United States, or in any Department or Offi- H.R. 1681: Ms. ROYBAL-ALLARD. collect Taxes, Duties, Imposts and Excises, cer thereof. H.R. 1775: Mr. MARINO and Ms. JENKINS. to pay the Debts and provide for the common By Mr. DANIEL E. LUNGREN of Cali- H.R. 1903: Mrs. CAPPS. Defense and general Welfare of the United fornia: H.R. 2040: Mrs. ADAMS. States; but all Duties, Imposts and Excises H.R. 6122. H.R. 2108: Mr. PASCRELL, Mr. GUTHRIE, and shall be uniform throughout the United Congress has the power to enact this legis- Ms. LINDA T. SA´ NCHEZ of California. States. lation pursuant to the following: H.R. 2139: Mr. CARNAHAN, Mr. MATHESON, The abandoned mine land fund is a tax on Article I, Section 8, Clause 8 and Article I, Mr. SCHIFF, Mr. AL GREEN of Texas, and Ms. coal produced, in part, on federal lands. Both Section 8, FUDGE. the tax, and its distribution were created Clause 18 of the Constitution of the United H.R. 2239: Mr. KIND. pursuant to the Surface Mining Control and States. H.R. 2469: Mr. FARR. Reclamation Act of 1977, presumably with By Ms. MATSUI: H.R. 2497: Mrs. CAPITO. the Constitutional authority to tax, raise H.R. 6123. H.R. 2514: Mr. CASSIDY.

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H.R. 2547: Mr. SIRES. NAPOLITANO, Mr. CAPUANO, Mrs. MCCARTHY H. Res. 613: Mr. LARSEN of Washington. H.R. 2563: Mr. TOWNS, Ms. BERKLEY, and of New York, and Ms. EDWARDS. H. Res. 623: Mrs. NOEM and Mr. PITTS. Mr. RUSH. H.R. 5741: Mr. SCHIFF and Mr. MURPHY of H. Res. 704: Mr. BLUMENAUER and Ms. RICH- H.R. 2780: Mr. LARSON of Connecticut. Connecticut. ARDSON. H.R. 3067: Mr. FORBES, Mr. GRAVES of Mis- H.R. 5796: Mr. BERMAN, Ms. HAYWORTH, Mr. H. Res. 713: Mr. SIRES, Mr. CICILLINE, Mr. souri, and Mr. CARSON of Indiana. REYES, Mr. MORAN, and Mr. KINGSTON. PERLMUTTER, Mr. CARNAHAN, Mr. BLU- H.R. 3125: Mr. FILNER. H.R. 5846: Mr. NUGENT and Mr. PITTS. MENAUER, and Ms. ROYBAL-ALLARD. H.R. 3395: Mrs. ROBY and Mrs. ELLMERS. H.R. 5909: Ms. NORTON and Mr. RANGEL. H.R. 3399: Mr. REED. H.R. 5910: Mr. BONNER. f H.R. 3496: Mr. WALZ of Minnesota and Mr. H.R. 5911: Mr. LATHAM. DELETIONS OF SPONSORS FROM PASTOR of Arizona. H.R. 5953: Mr. YOUNG of Florida. H.R. 3510: Mr. BARLETTA. H.R. 5969: Mr. BARROW, Mr. HUNTER, and PUBLIC BILLS AND RESOLUTIONS IRES H.R. 3526: Mr. S . Mr. KINGSTON. H.R. 3528: Mr. HASTINGS of Florida. Under clause 7 of rule XII, sponsors H.R. 5970: Mr. BARROW, Mr. HUNTER, and H.R. 3553: Mr. MCGOVERN. were deleted from public bills and reso- Mr. KINGSTON. H.R. 3627: Mr. BARTON of Texas, Mr. ROG- lutions as follows: H.R. 5977: Mr. SESSIONS. ERS of Michigan and Ms. RICHARDSON. H.R. 5978: Mr. PASTOR of Arizona and Mr. H.R. 835: Mr. CRAWFORD. H.R. 3661: Mr. THOMPSON of California, Mr. BRADY of Pennsylvania. WALBERG, and Ms. BUERKLE. f H.R. 6004: Ms. BORDALLO. H.R. 3886: Mrs. CAPPS and Mr. STARK. H.R. 6025: Mr. PEARCE. H.R. 3974: Mr. WAXMAN. AMENDMENTS H.R. 6027: Ms. BASS of California. H.R. 4010: Mr. CARNEY and Ms. HIRONO. Under clause 8 of rule XVIII, pro- H.R. 4057: Mr. MCKINLEY. H.R. 6033: Mr. BACA. H.R. 4066: Mr. LOEBSACK. H.R. 6063: Mr. AMODEI, Mr. QUIGLEY, Mr. posed amendments were submitted as H.R. 4103: Mr. MCGOVERN and Mr. HONDA. CARSON of Indiana, Mr. AUSTRIA, and Mr. follows: H.R. 4124: Mr. DINGELL. CARNAHAN. H.R. 5856 H.R. 4215: Mr. LATHAM and Mr. AUSTIN H.R. 6075: Mr. GIBBS. OFFERED BY: MR. MULVANEY SCOTT of Georgia. H.R. 6087: Mr. MCGOVERN, Ms. WOOLSEY, H.R. 4242: Mr. FITZPATRICK. Mr. BERMAN, and Mr. RANGEL. AMENDMENT NO. 1: At the end of the bill H.R. 4373: Mrs. MALONEY. H.R. 6092: Mr. GALLEGLY and Mr. GRIJALVA. (before the short title), insert the following: H.R. 4378: Mr. COSTELLO, Mr. RANGEL, Mr. H.R. 6097: Mr. TIBERI and Mr. WALBERG. SEC. ll. (a) Appropriations made in this NADLER, Ms. ZOE LOFGREN of California, Mr. H.J. Res. 110: Mr. REHBERG. Act are hereby reduced in the amount of LATHAM, and Mr. HASTINGS of Florida. H. Con. Res. 107: Mr. PAUL. $1,072,581,000. H.R. 4385: Mr. BROUN of Georgia, Mr. HURT, H. Con. Res. 109: Mr. STARK, Mr. MILLER of (b) The reduction in subsection (a) shall Mr. BROOKS, Mr. WALBERG, Mr. GRIFFIN of Florida, Mr. MORAN, Mr. FILNER, and Mr. not apply to amounts made available for— Arkansas, Mr. COLE, and Mr. BUCSHON. PITTS. (1) accounts in title I; H.R. 5542: Mr. ELLISON. H. Res. 262: Ms. LINDA T. SA´ NCHEZ of Cali- (2) ‘‘Other Department of Defense Pro- H.R. 5647: Ms. ZOE LOFGREN of California, fornia. grams—Defense Health Program’’; and Mr. BISHOP of New York, Mr. ISRAEL, Mrs. H. Res. 573: Mr. CLAY. (3) accounts in title IX.

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PERSONAL EXPLANATION PERSONAL EXPLANATION IN HONOR OF THE 20TH VENTURA COUNTY STAND DOWN HON. PETE OLSON HON. BILL HUIZENGA HON. ELTON GALLEGLY OF MICHIGAN OF TEXAS OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, July 12, 2012 Thursday, July 12, 2012 Thursday, July 12, 2012 Mr. HUIZENGA of Michigan. Mr. Speaker, Mr. OLSON. Mr. Speaker, on rollcall No. Mr. GALLEGLY. Mr. Speaker, I rise to honor on rollcall No. 381, I was absent due to per- 454 on H.R. 5892, I am not recorded because the outstanding achievements of Ventura sonal reasons. I was absent due to a weather delay. County Stand Down, which next week will Had I been present, I would have voted Had I been present, I would have voted mark 20 years of helping homeless veterans ‘‘aye.’’ ‘‘aye.’’ combat life on the streets. During the three-day, two-night Stand Down, f f veterans will live on the campus of the Cali- fornia Army National Guard Armory in military- HONORING PINE TREE LEGAL IN REMEMBRANCE OF NORA style tents erected by the Seabees. They will ASSISTANCE EPHRON have access to showers, toiletries, new and used clean clothing, and hot meals each day. HON. DENNIS J. KUCINICH HON. MICHAEL H. MICHAUD Working in conjunction with dozens of public OF MAINE and private agencies, Stand Down 2012 will OF OHIO provide homeless veterans with a myriad of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES services such as medical treatment, legal Thursday, July 12, 2012 services, prescription lenses, employment Thursday, July 12, 2012 counseling and referrals, VA benefits, drug Mr. MICHAUD. Mr. Speaker, I rise today to and alcohol counseling, general relief informa- Mr. KUCINICH. Mr. Speaker, I rise today in honor Pine Tree Legal Assistance in celebra- honor of Nora Ephron, an iconic journalist, tion, transitional housing information, along tion of their 45th anniversary this month. with a range of other government and social novelist, playwright, screenwriter, actress, di- Pine Tree Legal Assistance is a non-profit rector, and producer. services. organization dedicated to providing high qual- It’s a monumental undertaking. Ventura Nora was born into a Jewish family in New ity, free, legal assistance to low-income indi- County Stand Down would not be a success— York City on May 19, 1941. She spent most viduals. Serving as the primary legal aid pro- or have even been launched—without the skill of her childhood in Beverly Hills, California vider in Maine with six offices ranging from and perseverance of Claire Hope, the founder with her parents, who were also screenwriters, Presque Isle to Portland, Pine Tree Legal and chairperson of Ventura County Stand and her three younger sisters. Nora graduated strives to provide access to legal assistance in Down. The daughter of a World War II veteran from Wellesley College in Massachusetts in all corners of the state. and mother of a veteran of Desert Storm, 1962 with a degree in political science. Since its founding on July 19, 1967, Pine Claire Hope has a soft heart for veterans and Nora’s many talents, in addition to her Tree Legal Assistance has worked to remove a strong will to help those in need. unique personality, equipped her for a long the barriers to justice that can be experienced About 300 volunteers help Claire each year. and very successful career that included a va- by low-income Mainers. Their services range Another nearly 300 companies, corporations, riety of roles. She began as an intern in the from providing basic legal advice to active rep- and non-profit organizations are on board. Kennedy White House upon graduation from resentation in the most serious cases. The or- About 20 service providers take part and 20 college. Nora then moved to New York where ganization continues to place a priority on committees oversee all aspects of the event, she was a columnist and essayist for major helping individuals and families meet their from planning, to execution, to cleanup, to fol- newspaper publications including The New basic human needs, such as access to hous- low-up. York Post and The New York Times Maga- ing, food, income, safety, and education. Pine Many of the volunteers have been with zine. Nora later enjoyed success in the film in- Tree Legal also boasts innovative, issue-spe- Claire since the beginning. While I can’t name dustry. Some of her most famous films include cific divisions such as a Native American Unit them all, I would be remiss without noting sev- hits such as When Harry Met Sally (1989), and KIDS LEGAL, as well as providing help eral key people whose efforts have meant so Sleepless in Seattle (1993), and You’ve Got with unemployment issues and foreclosure much to our veterans. They include 20-year Mail (1998), all of which were nominated for prevention. More recently, they have been re- Executive Committee Chairs J. Roger Myers, major awards. Recently, in 2009, Nora was sponsible for the development and ongoing Herb Williams III, Dr. Cal Farmer, Madeline the writer, director, and producer of the film support of Stateside Legal, which is an online Lee, Gene Ogden, Jean Farley, and Hal Julie and Julia, fulfilling three of the roles tradi- resource to provide legal information to vet- Nachenberg. Other Executive Committee tionally not held by women in Hollywood. In erans and military families. Chairs include Judge Pro-Tem Nancy addition to her ambitious career, Nora was the Pine Tree Legal Assistance maintains an Aronson, Jodi Prior, Yasmin Morrison, Mary mother of two children, Jacob and Max Bern- excellent reputation in the field of legal advo- Gene Ryan, Betty Zamost, Charles Lane, stein. cacy. They also serve as one of six Maine Jane Towley, Bob Shiverdecker, Carl She will be greatly missed by those who nonprofits that meet the Better Business Bu- Lanterman, Gary Erland, Connie Biggers, knew her, as well as by all who enjoyed read- reau standards for charitable accountability. I Carol Rogers, and Jim Rogers. ing her work and watching her films. am pleased to share in the celebration of Pine Special recognition for their ongoing major Mr. Speaker and colleagues, please join me Tree Legal Assistance’s 45th year of exem- contributions to Stand Down belongs to: Inter- in honoring Nora Ephron, a woman who con- plary legal assistance to the people of Maine. national Brotherhood of Electrical Workers, tributed invaluable works of literature and film Mr. Speaker, please join me in congratu- Local 952; California Army National Guard Ar- during her lifetime and set an example for lating Pine Tree Legal Assistance on achiev- mory, Ventura; American Legion Auxiliary; women everywhere. ing this tremendous milestone. American Legion; Beacon House—San Pedro;

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

VerDate Sep 11 2014 14:49 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E12JY2.000 E12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11306 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 12, 2012 Salvation Army of Ventura; Veterans of For- Had I been present, I would have voted has achieved over the last one hundred years, eign Wars Post 11395 Thousand Oaks; Mar- ‘‘aye.’’ and many more surely to come. jorie Mosher Schmidt Foundation; New Direc- f tions Technologies, Inc.; U.S. Department of f Veterans Affairs; Beacon House San Pedro; FIFTH ANNIVERSARY OF EASTERN Naval Facilities Expeditionary Logistics Center NEBRASKA VETERANS’ HOME RECOGNIZING MR. JEFFREY MEEK & the Thirty-First Seabee Readiness Group; Ventura County Bar Association Ventura HON. LEE TERRY HON. TIM GRIFFIN County Public Defenders; Chief’s Council of OF NEBRASKA OF ARKANSAS the 146th Airlift Wing of the California Air Na- IN THE HOUSE OF REPRESENTATIVES tional Guard; Ventura Superior Court Home- IN THE HOUSE OF REPRESENTATIVES Thursday, July 12, 2012 less Court; and Neal C. Green, DDS. Thursday, July 12, 2012 Mr. Speaker, I am proud to be affiliated with Mr. TERRY. Mr. Speaker, I rise today to pay Ventura County as Honorary Cochairman for tribute to the Eastern Nebraska Veterans’ Mr. GRIFFIN of Arkansas. Mr. Speaker, I the 20th year. I know my colleagues will join Home on its fifth anniversary. rise today to commend and congratulate Mr. me in recognizing the importance of Ventura The facility and its dedicated staff have suc- Jeffrey Meek of Hot Springs Village, Arkansas, County Stand Down and in thanking Claire cessfully provided care to 117 members dur- for his dedication to preserving the stories of Hope and her myriad of volunteers for their ing this time in the areas of assisted living, in- Arkansas’s World War II veterans. selfless efforts in helping those who served termediate care, skilled care and Alzheimer’s Jeff’s interest in the stories and lives of our country and who fell on hard times to have care. The facility is specifically designed to World War II veterans began when his own a fighting chance to resume a life of stability meet the different mobility needs of each of its son enlisted in the U.S. Marine Corps. At that and peace. It’s a yeoman’s effort, and one members. time, Jeff started researching the experiences worth undertaking. The ENVH stands as a testament to Ne- of his father and his wife’s father during World f braska’s commitment to our veterans by pro- War II. Then, after joining the Akansa Chapter viding them with a state of the art facility and STAND WITH THOSE WHO SERVE of the Daughters of the American Revolution, the services that they deserve. Jeff’s wife, Jeanne, recommended that Jeff get HON. DAVID G. REICHERT I also want to point out that this facility is a involved in the Library of Congress’ Veterans result of the public and private sectors working History Project (VHP), which is preserving oral OF WASHINGTON together to meet the needs of our Nation’s he- IN THE HOUSE OF REPRESENTATIVES histories of our veterans. Each oral history is roes. Multiple agencies at all levels of govern- recorded on a DVD and, along with VHP doc- Thursday, July 12, 2012 ment worked together on this project to better umentation, is sent to the Library of Congress Mr. REICHERT. Mr. Speaker, today, I honor the lives of these individuals. to be preserved and made accessible to re- ‘‘Stand With Those Who Serve Week’’ in my The Eastern Nebraska Veterans’ Home has searchers, educators, and the general public. home state of Washington. Governor Christine provided quality care for our veterans and Jeff conducted his first oral history for the Gregoire today urged all citizens to join her in their dependents for five years and I wish VHP in 2007 and started reporting some of ‘‘this special observance to support the many them many more years as they continue to the stories in his local newspaper, the Hot activities and efforts of Washington’s public serve our veterans and their families. Springs Village Voice. He later published 75 safety personnel and services.’’ f accounts in his book They Answered the Call: The public safety and law enforcement com- World War II Veterans Share Their Stories. munity in Washington State has endured a lot CONGRATULATING RICE UNIVER- Jeff has spent over one thousand hours col- of heartache over the past years, and those SITY ON THE OCCASION OF ITS lecting the moving stories of hundreds of our losses are always at the forefront of our 100TH ANNIVERSARY World War II veterans, and he has brought thoughts. Such terrible incidents remind us them to life during three sold out programs that despite the risk, our police officers and HON. PETE SESSIONS honoring them. other public safety personnel do not pause for OF TEXAS Jeff’s dedication to World War II veterans fear or self-interest. They serve bravely, boldly IN THE HOUSE OF REPRESENTATIVES and selflessly and continue every day to earn extends beyond recording their oral histories. Thursday, July 12, 2012 our respect, admiration and gratitude. He accompanied a group of veterans as they Mr. Speaker, the support that my colleagues Mr. SESSIONS. Mr. Speaker, for the last participated in the ‘‘Honor Flight’’ program. across state and party lines have shown dem- one hundred years Rice University has made This program flies World War II veterans to onstrates our commitment to the brave men unique and important contributions to our Na- Washington, D.C., free of charge, so they may and women in the law enforcement and public tion and the world. Despite its small size, Rice visit the World War II memorial and some of safety professions. It is my hope that through has stood as one of the most forward-thinking the other memorials in Washington, D.C. all of this support they continue to have the institutions, contributing monumental advances For his devotion to our veterans, Jeff has tools and encouragement that they need. in science and technology, as well as to the been recognized by a number of organiza- Therefore, Mr. Speaker, I join with Governor liberal arts. It was Rice University that opened tions, including the Akansa Chapter of the Gregoire today, along with other elected rep- the Nation’s first department of space physics Daughters of the American Revolution and resentatives in Washington, community lead- and produced American business magnates each of Hot Springs Village’s five military or- ers and private citizens in standing in solidarity like Howard Hughes. It was Rice University ganizations. In addition, he received a letter of with our brave public servants and law en- that was the decades-long teaching home to commendation from the Veterans History forcement personnel. While they work to re- Nobel Prize winners Richard Smalley and Project itself for his attention to detail in pre- duce crime, protect the vulnerable and keep Robert Curland, and it is Rice University that serving the treasured chronicles of our na- our communities safe, we will stay mindful of continues to educate some of the brightest tion’s heroes. their efforts and in turn serve them, wherever minds in the world. At this moment, Rice stu- Because of volunteers like Jeff, our veterans and whenever possible. dents are developing coated sand that can pu- will be forever honored through the preserva- PERSONAL EXPLANATION rify water in countries without access to clean tion of their memories. I commend Jeff for his drinking water and lithium-ion batteries that outstanding service to Arkansas’s veterans, can be painted onto any surface. and I would encourage other Americans to be- HON. BILL HUIZENGA In 2008, Rice University was ranked the come involved with the Library of Congress’ OF MICHIGAN number one institution for ‘‘industry impact.’’ Veterans History Project by recording the sto- IN THE HOUSE OF REPRESENTATIVES Education is the key to our Nation’s future, ries of veterans in their own communities. I Thursday, July 12, 2012 and it is institutions like Rice University that thank Jeff for giving these veterans the oppor- Mr. HUIZENGA of Michigan. Mr. Speaker, will ensure that America’s greatest days are tunity to tell their stories and for allowing these on rollcall No. 382 I was absent due to per- not in the past. Please join me today in cele- stories to become priceless pieces of Amer- sonal reasons. brating the many accomplishments that Rice ican history.

VerDate Sep 11 2014 14:49 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E12JY2.000 E12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11307 RECOGNIZING THE 100TH ANNIVER- The Women Lawyers Division was formally nizing the accomplishments of this crucial or- SARY OF RICE UNIVERSITY established in 1972 as a vehicle for women in ganization and its admirable efforts. the practice of law to address the issues and f problems that particularly affect the interests HON. KENNY MARCHANT A TRIBUTE TO CAPTAIN WILBUR OF TEXAS and concerns of African-American women. The WLD had its genesis during 1971 when D. JONES IN THE HOUSE OF REPRESENTATIVES an informal coalition of 19 women members of Thursday, July 12, 2012 the National Bar Association discussed solic- HON. MIKE McINTYRE Mr. MARCHANT. Mr. Speaker, I rise today iting new NBA members to run for national of- OF NORTH CAROLINA to recognize the 100th anniversary of Rice fices. These women decided there were many IN THE HOUSE OF REPRESENTATIVES University. Throughout the last century, Rice issues they should consider addressing. Thursday, July 12, 2012 has not only developed into one of the most Therefore, on August 5, 1971, Ruth Harvey prestigious and exemplary academic institu- Charity convened the first organizational meet- Mr. MCINTYRE. Mr. Speaker, it is with great tions in Texas, it has also matured into one of ing of NBA women lawyers in Atlanta, Geor- pleasure that I rise and ask you to join me in the leading research universities in the United gia. recognizing Captain Wilbur D. Jones, of Wil- States. In 1975, the Women Lawyers Division spon- mington, North Carolina, who has earned the The first president of Rice University was sored its first seminar at the NBA national StarNews Lifetime Achievement Award. The Edgar Odell Lovett, and he set forth an ambi- convention. The WLD hosts seminars at each StarNews Lifetime Achievement Award was tious vision to become a premier research uni- annual convention, addressing the following established in 2003 to honor individuals who versity. However, since its inception in 1912, subjects: impact of juvenile law on the family; have given substantially of themselves for the Rice has been exceptional in both academics domestic violence; energy law; sexual harass- improvement of the communities of South- and athletics. Rice now plays a leading role in ment; child advocacy; international law; pro- eastern North Carolina. Captain Jones is very research in many fields including nanotechnol- fessional ethics; post conviction relief; law worthy of this honor, and I salute him for his ogy, space, cellular technology, bioinformatics, teaching and trial techniques; ascending to the legacy of service to our state and nation. energy, health, and the environment. Their bench and judicial selection methods; the Captain Jones stands out as a distinguished athletic program is constantly one of the best Internet and personal computer technology; former member of the United States Navy, his- in Conference USA and their championship rainmaking and leadership for women. torian, preservationist and award-winning au- win in the 2003 College Baseball World Series In 1977, Ruth Harvey Charity was elected a thor and lecturer. Born in the middle of the serves as further evidence that the Rice Owls Vice President of the National Bar Association, Great Depression, Captain Jones was only are extraordinary across the institutional spec- which was the first time in 25 years a woman seven years old at the outset of World War II, trum. held so high a position within the NBA. In but this history-shaping era sparked an on- Rice has been ranked among the top 20 1981, another WLD member, Arnette R. Hub- going passion for military history within him universities in the country by U.S. News & bard, was elected the first President of the that continues to this day. World Report every year since the rankings NBA, and Alice Bonner, another founder of the After graduating from the University of North began in 1983. In recognition of their dedica- WLD, was installed as the first woman Presi- Carolina at Chapel Hill, Captain Jones made tion to keeping high quality education afford- dent of the NBA Judicial Council Division. the decision to enroll in Officer Candidate able, Princeton Review ranks Rice among the Since that year, eight other WLD members School. Beginning in 1956, he served as both top 10 best value private colleges. have served as President of the NBA. a Regular Navy and Ready Reserve officer, fi- Mr. Speaker, I ask all my distinguished col- The Supreme Court swearing-in tradition nally retiring in 1984. During this time his tact leagues to join me in recognizing the 100th began in 1981 and continues today. Each for leadership earned him the rank of Naval anniversary of Rice University. Rice has spring, the Women Lawyers Division supports Captain. He honorably commanded two Re- pushed the boundaries of education and re- a group of National Bar Association members serve units with the same dedication and search since 1912, and this institution will un- for admission to appear before the U.S. Su- strong, personal leadership that he is known doubtedly be a leader for years to come. preme Court. This ceremony is held annually for today. As Captain Jones said himself, ‘‘Re- membering how I began, I was born to be a f in an effort to enhance the posture of African- American lawyers as legal advocates and to military historian and career Armed Forces Of- PERSONAL EXPLANATION increase the number of minority lawyers who ficer in service to my country.’’ are readily available to represent their clients Concurrently with his service to our nation, HON. BILL HUIZENGA before this nation’s highest court. Captain Jones spent 41 years in the U.S. De- partment of Defense, while maintaining a role OF MICHIGAN The WLD will kick off its 40th Anniversary Celebration with its Inaugural ‘‘Respect Your- as a civilian professor and Associate Dean of IN THE HOUSE OF REPRESENTATIVES self’’ Day, which will be a special salute to Af- Information at the Defense Acquisition Univer- Thursday, July 12, 2012 rican-American women and girls to encourage sity. His service included more than seven Mr. HUIZENGA of Michigan. Mr. Speaker on love and respect for themselves and their fel- years in the Pentagon as a Captain on active rollcall No. 383 I was absent due to personal low sisters. The WLD will host its Fourth An- duty and as a civilian assistant to the Under reasons. nual ‘‘Respect Yourself’’ Mentor Program to Secretary of Defense for Acquisition. His ca- Had I been present, I would have voted educate young, at-risk and disadvantaged Afri- reer took him and his family around the globe, ‘‘nay.’’ can-American girls on the importance of self- but Captain Jones returned to his home of f respect. Wilmington, North Carolina in 1997, where he Through the Women Lawyers Division, remains today. RECOGNIZING THE 40TH ANNIVER- women have made a significant impact on the These unique experiences would later serve SARY OF THE WOMEN LAWYERS goals and directions of the NBA by partici- him well in his role as a historian, author, lec- DIVISION OF THE NATIONAL BAR pating at all levels of the organization. The turer and preservationist. He has produced an ASSOCIATION WLD has achieved its goal of adding positive impressive and important collection of works direction to the NBA by contributing and es- on World War II. To date, he has authored 17 HON. SHELLEY BERKLEY tablishing a new dimension and sensitivity of books on military history and national defense, OF NEVADA the NBA as it addresses legal issues affecting along with collecting and publishing innumer- IN THE HOUSE OF REPRESENTATIVES women, children, the family, and the African- able research papers, encyclopedia entries, American community as a whole. interviews and photographic documentaries. Thursday, July 12, 2012 As the Representative for Nevada’s First With his natural energy and intelligence, Ms. BERKLEY. Mr. Speaker, today I urge Congressional District, it gives me immense Captain Jones is not just North Carolina’s my colleagues to join me in recognizing the pride to honor the Women Lawyers Division of treasure, but also a treasure to our country. Women Lawyers Division, WLD, of the Na- the National Bar Association on its 40th Anni- The StarNews Lifetime Achievement Award tional Bar Association, NBA, on its 40th Anni- versary Celebration in Las Vegas, Nevada, Captain Jones receives today is a major versary Celebration in Las Vegas, Nevada. and I urge my colleagues to join me in recog- honor, and is also just one of the many

VerDate Sep 11 2014 14:49 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E12JY2.000 E12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11308 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 12, 2012 awards that Captain Jones has earned in his PERSONAL EXPLANATION tiations with the United Nations regarding the lifetime, from the National Defense Medal, United Nations Arms Trade Treaty (ATT). As North Carolina Historian of the Year, Senior HON. PETE OLSON it stands currently, the actions of the United Service Award, and countless others recog- OF TEXAS Nations indicate that this treaty will pose seri- nizing the quality of his writing, research and IN THE HOUSE OF REPRESENTATIVES ous threats to the personal freedoms, national dedication to leadership. Thursday, July 12, 2012 security, foreign policy, and economic interests of the United States. Yet, the Administration Captain Wilbur D. Jones serves as an ex- Mr. OLSON. Mr. Speaker, on rollcall No. has voted to participate in negotiations, de- ample across generations by acting as a man 452 on H.R. 4155 I am not recorded because spite this impact. of courage, a man of duty, and a man who is I was absent due to a weather delay. Our Second Amendment rights are funda- Had I been present, I would have voted devoted to serving his homeland. Mr. Speaker, mental individual rights that must be protected. ‘‘aye.’’ I wish to thank you for allowing me to honor However, the United Nations Arms Treaty one of North Carolina’s most distinguished f poses a potential threat to this right held by Naval Officers and historians, and I ask my HONORING LAURIANNE CORMIER every United States citizens. This treaty can- colleagues to join me in recognizing a man not be allowed to jeopardize our ability to own whom North Carolina and the United States is HON. MICHAEL H. MICHAUD small arms, rifles or ammunition. Furthermore, proud to call their own. OF MAINE the ATT must recognize and respect one’s IN THE HOUSE OF REPRESENTATIVES right of self defense and our nation’s legacy of hunting and participation in shooting sports. f Thursday, July 12, 2012 This treaty also has the potential to threaten Mr. MICHAUD. Mr. Speaker, I rise today to IN REMEMBRANCE OF MR. JIMMY our national security and foreign policy. De- recognize the 100th birthday of Laurianne BIVINS mocracies and totalitarian regimes should not Cormier. Born on July 12, 1912, in Lewiston, be given the same arms transfer rights, nor Maine, Mrs. Cormier has two daughters, can we legitimize the arming of terrorists or HON. DENNIS J. KUCINICH seven grandchildren and ten great-grand- countries that do not recognize the Inter- children. national Criminal Court. Importantly, the ability OF OHIO Mrs. Cormier has dedicated much of her life of the United States to provide arms to trusted to working and volunteering in her community. IN THE HOUSE OF REPRESENTATIVES allies, such as Israel, should not be infringed. Like many other Franco-Americans growing up Finally, the United Nations Arms Treaty Thursday, July 12, 2012 in Lewiston during the Great Depression, Mrs. should not do anything that would hurt our Cormier helped to support her family by work- economic interests here at home and abroad. Mr. KUCINICH. Mr. Speaker, I rise today in ing in a local shoe factory. After her retire- American businesses should not be burdened remembrance of Cleveland, Ohio’s famous ment, Mrs. Cormier kept busy by volunteering by increased regulatory and reporting require- boxer, Mr. Jimmy Bivins. at the YWCA and at St. Mary’s Regional Med- ments that could damage domestic manufac- Bivins was born in Dry Branch, Georgia on ical Center in Lewiston. In fact, thirty-five turing, particularly in our already difficult eco- years later, Mrs. Cormier is still volunteering December 6, 1919. He moved to Cleveland at nomic times. We cannot allow the ATT to there and has devoted over 18,500 hours of the age of three and attended Central High jeopardize American jobs or American indus- her time and energy to the community she try. School, where he was an honor student. loves. Weighing only 112 pounds, Bivins began his Unfortunately, I am concerned that this trea- Mrs. Cormier’s co-workers admire her work ty will impact all of these interests, and poten- boxing career in 1936. ethic, spirit and passion for her job. In October tially more. Therefore, Mr. Speaker, I strongly Bivins’ professional boxing career began in of 2010, she was presented with the Mayoral support and urge the Administration to con- 1940 and lasted until 1955. He boxed in 112 VIBE Award (Volunteers Inspire By Example) sider and uphold the sentiment displayed in professional fights, accumulating 86 wins and and in April of this year, she was nominated the bi-partisan letter that my colleague MIKE 31 knockouts. Between June 22, 1942 and for one of the Maine Commission for Commu- KELLY and 130 co-signers sent to President nity Service’s annual Governor’s Awards for February 25, 1946, he went unbeaten in 26 Obama and Secretary Clinton. Service and Volunteerism. Mrs. Cormier was consecutive bouts. During his fifteen year ca- f recognized as a special ‘‘Volunteer Hero’’ at reer, Bivins defeated eight of eleven world that ceremony. PERSONAL EXPLANATION champions and four of the seven fellow Hall of On Tuesday of this week, her colleagues at Famers he faced throughout his career. Al- St. Mary’s hosted a birthday party for her and HON. BILL HUIZENGA though he was never able to compete for the on Sunday, July 15, her family and friends will OF MICHIGAN world title, Bivins remains the only boxer to gather for a second celebration that will take IN THE HOUSE OF REPRESENTATIVES date that has ranked as the No. 1 contender place at the Franco-American Heritage Center. in both the Light Heavyweight and the Heavy- I am very much looking forward to congratu- Thursday, July 12, 2012 weight divisions. lating Mrs. Cormier in person at Sunday’s Mr. HUIZENGA of Michigan. Mr. Speaker, celebration. In 1999, Bivins was inducted into the Inter- on rollcall No. 384 I was absent due to per- Mr. Speaker, please join me in honoring sonal reasons. national Boxing Hall of Fame. That same year, Laurianne Cormier on this special day. She is Sports Illustrated said that Bivins may have Had I been present, I would have voted truly an exemplary citizen whose dedication to ‘‘nay.’’ been the greatest modern heavyweight who her community and to her family is certainly f never got a shot at the title crown. He was an inspiration to us all. best known for his powerful left jab. f REMEMBERING MICHIGAN STATE SENATOR BILL VAN Following his boxing career, Bivins joined EXPRESSING CONCERNS REGARD- REGENMORTER the Teamsters and drove bakery and snack ING THE NEGOTIATION OF THE trucks around the City of Cleveland. He was UNITED NATIONS ARMS TRADE active in the community, spending time at the TREATY HON. TED POE gym with local kids teaching them how to box, OF TEXAS telling them stories and giving them fatherly HON. TOM REED IN THE HOUSE OF REPRESENTATIVES advice. He also cooked food for them every OF NEW YORK Thursday, July 12, 2012 Sunday to make sure that they did not go hun- IN THE HOUSE OF REPRESENTATIVES Mr. POE of Texas. Mr. Speaker, I rise today gry as he had in the past. Thursday, July 12, 2012 to honor the life of a leader in the victims’ Mr. Speaker and colleagues, please join me Mr. REED. Mr. Speaker, I rise today to ex- rights movement, former Michigan State Sen- in honoring the life of Jimmy Bivins. press my significant concerns over the nego- ator Bill van Regenmorter.

VerDate Sep 11 2014 14:49 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E12JY2.000 E12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11309 It was fitting that flags in Michigan were Rice University is one of three Tier One re- governments and insurgencies in Nicaragua, flown at half-mast following Bill’s death. Many search and education universities in Texas. El Salvador, Guatemala, Honduras and Mex- news reports in Michigan detailed his signifi- Rice is ranked the number 4 best value ico was steadfast. Their goal was to spread cant contributions to the people of his beloved among private Universities. communism throughout the hemisphere and state and, most especially, his long advocacy Rice plays a leading role in research in up to the southern border of the United States. and legislative accomplishments on behalf of many fields, including nanotechnology, space, Central America was engaged in an epic crime victims and survivors. I feel it is fitting to cellular technology, bioinformatics, energy, struggle and Nicaragua was the epicenter. equally recognize that Bill’s contributions go health, and the environment. More than 3000 Cuban military intelligence far beyond the borders of Michigan. As one of I congratulate Rice University for 100 years and State security officers set up the repres- the earliest state legislators to draft and enact of preparing its students to succeed in a highly sive internal security apparatus in Nicaragua, crime victims’ rights legislation, Bill was ex- competitive and complex world, and look for- advised the Sandinista armed forces, and par- traordinarily generous in sharing his experi- ward to 100 more. ticipated in combat. The PLO sent 100 experi- ences, insights and innovations with those of f enced combat officers, Libya and Iran shipped us in other states dedicated to the same tons of weapons, the Cubans sent tens of cause. His hand can indeed be seen in similar HONORING ADOLFO CALERO thousands of AK–47s, Soviet MI–8 helicopters laws in dozens of other states. Bill’s tireless PORTOCARRERO and SA–7 missiles. efforts were recognized in 2009 by the U.S. Thousands of Contras were killed and Department of Justice, when he received the HON. DAVID RIVERA maimed, but they held fast. The struggle cul- Ronald Wilson Reagan Public Policy Award OF FLORIDA minated in a ceasefire in 1988 and democratic from the Office for Victims of Crime. IN THE HOUSE OF REPRESENTATIVES elections in 1990. In those elections, UNO’s There is no question that without Bill van Thursday, July 12, 2012 coalition of 14 political parties led by Violetta Regenmorter, we could not have made as Chamorro scored an upset victory over the much progress as we have in securing crime Mr. RIVERA. Mr. Speaker, businessman, Sandinistas. victims’ rights throughout our entire nation. As entrepreneur, freedom fighter and long-time Calero’s efforts ultimately led to victory and a Texas judge, I can attest that we tapped friend of the United States Adolfo Calero the restoration of democracy. Calero’s dedica- Bill’s wisdom and expertise in the late 1980s Portocarrero died in Managua, Nicaragua on tion to freedom and democracy also led to the to develop our own ‘‘Victims’ Bill of Rights’’— June 2. beginning of the end of Soviet-Cuban penetra- an important law that, to this day, provides a Mr. Calero was best known as an ally of the tion of Central America. strong foundation for the fair treatment of United States in our efforts to prevent the f crime victims in my state. spread of communism in Central America in In Bill’s own words, ‘‘victim empowerment the 1980s. He was leader of the Nicaraguan PERSONAL EXPLANATION has brought integrity to the system that wasn’t Democratic Force, the largest group in the there before.’’ Bill’s legacy can be found in his broad anti-Sandinista coalition. HON. BILL HUIZENGA pioneering efforts that empowered countless Mr. Speaker, I personally knew Adolfo OF MICHIGAN crime victims and those who serve them to Calero and I can attest that he was a great IN THE HOUSE OF REPRESENTATIVES stand up for victims’ rights, and his inspiration friend of the United States. He went to high for anyone concerned about individual and school in New Orleans, received degrees from Thursday, July 12, 2012 community safety to, as he did throughout his Notre Dame and Syracuse University, man- Mr. HUIZENGA of Michigan. Mr. Speaker, entire life, get involved and make a positive aged the Coca-Cola bottling plant in Nica- on rollcall No. 385, I was absent due to per- difference. ragua, and occasionally lived in Miami, Flor- sonal reasons. The U.S. Congressional Victims’ Rights ida. Had I been present, I would have voted Caucus sends its condolences to Bill’s wife Calero was a member of the Conservative ‘‘nay.’’ Cheryl and his family, and his ‘‘extended fam- Party in Nicaragua and after the communist f ily’’ of crime victims, survivors and victim ad- Sandinista (FSLN) overthrow of the Somoza vocates who benefit today and in the future regime in 1979, he was jailed and later went IN HONOR OF THE LIFE OF PAT from his pioneering efforts. into exile in Florida. Eventually he joined the LUCE-AOELUA And that’s just the way it is. political directorate of the Nicaraguan Demo- f cratic Force and became its president. HON. ENI F. H. FALEOMAVAEGA What is lesser know is that Calero had also CELEBRATING THE 100TH ANNI- OF AMERICAN SAMOA been twice jailed by the Somozas in the VERSARY OF RICE UNIVERSITY IN THE HOUSE OF REPRESENTATIVES 1970s. He was an advocate and friend of de- mocracy and an opponent of dictatorship Thursday, July 12, 2012 HON. BILL FLORES whether it was on the right or left. Mr. FALEOMAVAEGA. Mr. Speaker, I rise OF TEXAS In the 1980s, saddened and angered by today in honor of a pioneer, a leader, an advo- IN THE HOUSE OF REPRESENTATIVES Nicaragua’s fall to communism and Daniel cate, and a dear friend, Pat Luce-Aoelua, who Thursday, July 12, 2012 Ortega’s abuse of human rights, Calero joined recently passed away in Los Angeles, Cali- Mr. FLORES. Mr. Speaker, as a Represent- the United Nicaraguan Opposition (UNO) in an fornia. ative of the great state of Texas, I am honored effort to unify the various anti-Sandinista fac- Pat was born in Fagatogo, American Samoa to be a citizen of a state which is home to an tions. Nicaragua’s ‘‘counter-revolutionary’’ in 1944 to Ioane Afele Levi and Fanuaea outstanding institution like Rice University. fighters or Contras were largely made up of Vaitupu Tu’ufuli Levi and was adopted by Rice is celebrating its 100 year anniversary, 18–22 year olds, independent rural farmers American missionaries, Maurice and Corabelle as it was inaugurated in October 12, 1912, in and indigenous Christian Indians from the Car- Luce, in 1946. Later, Pat and her adoptive Houston, Texas. ibbean Coast. The Contras also filled their parents immigrated to California in 1952 Rice has consistently been ranked as one of ranks with disenchanted Sandinistas—at one where Pat attended school and began her ca- the top 20 national universities in the United time 6 of 14 Contra regional commanders and reer. She received her Bachelor of Arts in States by U.S. News & World Report every 13 of 52 Contra task force commanders were Psychology from California State University at year since the rankings began in 1983. Sandinista defectors who wanted true free- Sacramento and her Master of Science in Rice also ranks among the 10 best value dom. At the peak of their strength, UNO had Counseling from the University of California at private colleges by Princeton Review. 30,000 men in the field—more than the Sandi- Davis. The James A. Baker III Institute for public nistas ever had in their fight against the Pat was the Executive Director of the Na- policy at Rice is world renowned for its con- Somoza regime. tional Office of Samoan Affairs (NOSA) that tributions as a think tank. The decade-long effort to oppose the Sandi- was based initially in San Francisco and later Rice has constituently been ranked among nistas received typical on-again off-again sup- moved its headquarters to Carson, California. the top 20 universities in the U.S. overall and port from a fickle U.S. Congress. During that She, together with other Samoan community for Hispanic students. time, Soviet-Cuban support for communist leaders in California, founded NOSA in 1976

VerDate Sep 11 2014 14:49 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E12JY2.000 E12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11310 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 12, 2012 to bridge the federal and state agencies with kept pace with the dynamic challenges facing HONORING THE DEDICATED the local Samoan communities. Some of the Jews living in Pittsburgh, Israel and elsewhere SERVICE OF PAUL HAMANN community leaders included Senator and throughout the world. The Federation serves Paramount Chief Galeai Tu’ufuli, High Talking as the central Jewish fundraising organization HON. JANICE D. SCHAKOWSKY Chief Leuluso’o Leatutufu, and Matau Taele. for Greater Pittsburgh, and has undertaken a OF ILLINOIS Pat and NOSA made sure that they worked number of initiatives to build solidarity and pro- IN THE HOUSE OF REPRESENTATIVES closely with the elder chiefs and local Samoan mote prosperity within western Pennsylvania’s Thursday, July 12, 2012 church organizations in advocating for Jewish community. Ms. SCHAKOWSKY. Mr. Speaker, today the Samoans and Pacific Islanders both on the In 1984, the Federation conducted a Com- White House honors leaders who had made a state and federal level, in better assisting the prehensive Jewish Community Study to high- significant difference in the way their commu- needs of the elderly, and providing opportuni- light the needs of Greater Pittsburgh’s Jewish nities combat homelessness among children ties for the younger generation. population. The results led to the creation of a and youth. I am so proud that one of the 13 In the late 1970s, Pat was very active within Jewish Community Center in Pittsburgh’s ‘‘Champions of Change’’ is my constituent, the Samoan community in northern California. South Hills and Jewish Residential Services Paul Hamann, President and C.E.O. of the As she became more involved in the 1980s, for special needs individuals of the Jewish Night Ministry. Pat was instrumental in allowing American faith. After conducting a similar demographic In the wealthiest nation on earth, any Samoans to become eligible for Federal fund- study in 2002, the Federation established new amount of homelessness is unacceptable, yet ing and programs through the Native Amer- outreach programs and created the Centennial nearly one million Americans currently do not ican programs. She also spearheaded the Fund for a Jewish Future through the Jewish have a roof over their head. They include movement in passing state legislation in Cali- Community Foundation. fornia providing for the identification and tab- men, women and children. This Congress The Federation has also done a significant ulation of Pacific Islanders as an ethnic group must do more to eradicate homelessness, and amount of philanthropic work abroad. Federa- in the California state and county systems. we should support people like Paul and orga- tion leaders have done a great deal to pro- Pat is not only a leader amongst the Sa- nizations like the Night Ministry that are work- mote the Buncher Community Leadership Pro- moan community but especially within all of ing to provide help and hope to the homeless. gram, which trains Jewish professionals from the Asian and Pacific American communities The Night Ministry is Chicago’s safety net of vulnerable Jewish communities throughout the throughout all the U.S. In 1980, through Pat’s last-resort social services, health care, hous- world. They have also played an active role in leadership and diligence, she was able to fight ing and outreach for homeless youth and programs such as Spectrum and Passover in for the inclusion of Pacific Islanders as an adults and those who are isolated from the the FSU, which focus on rebuilding Jewish identifier in the U.S. Census, a category that community. I have had the pleasure to witness communities in the former Soviet Union. Fur- remains today. Pat’s philosophy was ensuring and take part in the great work the Night Min- thermore, the Federation was on the front that much of the needs of the Pacific Islanders istry does at their Health Outreach Bus and lines of the humanitarian responses to Hurri- could be addressed with the use of data col- their Youth Outreach Van in the Uptown and cane Katrina, the 2004 tsunami in Asia and lected through the decennial census and other Lakeview neighborhoods in Chicago. the 2010 earthquake in Haiti. government surveys. Paul has dedicated his life to helping those Although Pat has left us and began a new In Israel, the Federation has actively helped in need through his work for non-profit organi- journey, her legacy will remain vigilant through to respond to terror attacks and promote eco- zations. He has been with the Night Ministry torch bearers made up of the many new nomic development in recent years by raising for 10 years and has led the organization young Pacific Island leaders who have been more than $5.5 through its Israel Emergency since 2007. Under Paul’s direction, the Night under Pat’s tutelage over the past three dec- campaign and by sponsoring numerous edu- Ministry has broadened its impact on the Chi- ades who today are working closely with their cational and solidarity programs. Historically, cago community through health outreach, communities and advocating for those who are the Federation has also helped to raise money short-term housing assistance, support and in- disenfranchised. for Israel during times of conflict. Currently, struction for pregnant teens, and transitional I want to take this time to offer my personal the Foundation is working to advance the Jew- housing. His tireless work has made a dif- condolences to Pat’s husband, Tuimavave ish Agency for Israel’s Partnership Together ference for thousands of Chicagoans who Aoelua, their only daughter—Corabelle, and to Program, which is focused on strengthening would otherwise go without healthcare, hous- their many families and friends who are relationships between Jews in Israel and the ing, or food. mourning the loss of one of Samoa’s strongest Diaspora, and on promoting economic devel- I thank Paul Hamann for his outstanding daughters. I pray the Lord will comfort them opment within Israel’s Karmei and Misgav re- leadership of the Night Ministry and I wish him during this tragic time. gion. many years of continued success. He is a true Champion of Change. Pat will be greatly missed. Ia manuia lau Mr. Speaker, the Jewish Federation of malaga. Greater Pittsburgh’s long history of promoting f f solidarity and prosperity within Jewish commu- PERSONAL EXPLANATION nities throughout the world is a testament to CELEBRATING THE JEWISH FED- its abiding commitment to philanthropy. I offer HON. GEORGE MILLER ERATION OF GREATER PITTS- this great organization my most heartfelt con- BURGH’S 100 YEARS OF SERVICE OF CALIFORNIA gratulations on 100 years of fruitful community IN THE HOUSE OF REPRESENTATIVES TO THE GLOBAL JEWISH COMMU- service. NITY Thursday, July 12, 2012 f Mr. GEORGE MILLER of California. Mr. HON. MARK S. CRITZ Speaker, on July 9 and July 10, 2012, I was OF PENNSYLVANIA PERSONAL EXPLANATION in California attending to family obligations. IN THE HOUSE OF REPRESENTATIVES Had I been present, I would have voted as fol- Thursday, July 12, 2012 lows: HON. BILL HUIZENGA On rollcall vote No. 452, I would have voted Mr. CRITZ. Mr. Speaker, I rise to recognize OF MICHIGAN ‘‘yea.’’ the Jewish Federation of Greater Pittsburgh On rollcall vote No. 453, I would have voted IN THE HOUSE OF REPRESENTATIVES for reaching its 100th year of service to Jewish ‘‘yea.’’ communities around the globe. Since 1912, Thursday, July 12, 2012 On rollcall vote No. 454, I would have voted the Federation has been capably serving Jew- ‘‘yea.’’ ish needs in the areas of healthcare, edu- Mr. HUIZENGA of Michigan. Mr. Speaker, On rollcall vote No. 455, I would have voted cation and social welfare. on rollcall No. 386. I was absent due to per- ‘‘yea.’’ Since its inception, the Federation has sonal reasons. On rollcall vote No. 456, I would have voted never taken its finger off the pulse of the glob- Had I been present, I would have voted ‘‘nay’’ on the previous question, so that in- al Jewish community. Its efforts have always ‘‘nay.’’ stead of voting on the Patients’’ Rights Repeal

VerDate Sep 11 2014 14:49 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E12JY2.000 E12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11311 Act, the House could instead vote on H.R. quickly took a commanding three game lead. Today marks the 150th anniversary of the 5542, a bill that focuses on jobs and working After a couple of Devil victories, in game six authorization of the Medal of Honor by Con- families. of the series, the Kings regained their momen- gress. We must balance the budget so that we On rollcall vote No. 457, I would have voted tum and put New Jersey away with a 6–1 vic- may continue to honor properly those who ‘‘nay’’ on the rule that will govern the 31st at- tory to clinch the Stanley Cup. have served this country valiantly. tempt this Congress to take away healthcare The Kings are only the second number eight benefits and patient protections from millions seed team in NHL history to advance to the f of Americans. championship series and the first number On rollcall vote No. 458, I would have voted eight seed team to win the Stanley Cup. Their HONORING ZACH HUDSON, A TRUE ‘‘nay.’’ game six victory on their home ice at the Sta- COMMUNITY HERO f ples Center was cause for celebration by thou- sands of Kings fans in Los Angeles and TRIBUTE TO RICE UNIVERSITY’S throughout Southern California. CENTENNIAL CELEBRATION HON. JOHN L. MICA In winning the NHL championship, the Kings join the prestigious ranks of Los Angeles OF FLORIDA HON. CHARLES A. GONZALEZ sports teams who have brought championship IN THE HOUSE OF REPRESENTATIVES OF TEXAS titles to the City of the Angels, including the IN THE HOUSE OF REPRESENTATIVES Lakers, the Dodgers, the Galaxy, UCLA Bruin Thursday, July 12, 2012 Thursday, July 12, 2012 and USC Trojan teams, the Strings of the Mr. MICA. Mr. Speaker, I rise to honor and Mr. GONZALEZ. Mr. Speaker, I ask my col- World Team Tennis League, and yes, the former-Los Angeles Raiders. recognize Officer Zach Hudson of the Lake leagues to join me in honoring Rice University Mary, Florida Police Department. for celebrating 100 years of achievement in Congratulations to the Kings team: Jeff Car- private higher education. ter, Kyle Clifford, Colin Fraser, Simon Gagne, Officer Hudson has dutifully served the citi- Since its foundation, Rice University has left Dwight King, Anze Kopitar, Trevor Lewis, zens of Florida for ten years and the Lake its mark on the advancement of arts and Andrei Loktionov, Jordan Nolan, Scott Parse, Mary community since 2007 as their Commu- sciences as one of America’s premier schools. Dustin Penner, Mike Richards, Brad Richard- nity Relations Officer. His dedication to public They have consistently been at the forefront in son, Jarret Stoll, Kevin Westgarth, Justin Wil- safety serves as an example to his fellow offi- many areas of medical research, and played a liams, Drew Doughty, Davis Drewiske, Matt cers and neighbors. Greene, Alec Martinez, Willie Mitchell, Rob key role in the academic and physical founda- Shortly after joining the Lake Mary force, Of- tion of the Johnson Space Center, turning the Scuderi, Slava Voynov, Jonathan Bernier and ficer Hudson was dispatched to a residence dream of manned space flight into a reality. Jonathan Quick. Be it through elite research or first-rate stu- Special congratulations to Coach Darryl Sut- that housed two elderly ladies. Upon arriving, dent education, the contributions of Rice Uni- ter, General Manager Dean Lombardi and he realized the home contained no food and versity have undoubtedly reverberated through team captain Dustin Brown for leading the had no electricity. The little money they did the many areas of scientific advancement team to victory, and to AEG and the entire have, they told Hudson, was alternated each throughout the past 100 years. It is an honor staff of the Kings organization whose work month between food and medicines. He had to represent this university in our great State supports, trains and promotes the team. seen instances such as these on his beat in of Texas, and it is an honor to have them rep- Thank you all for giving the city of Los Ange- the past, but he decided, in his own words, resent our state to the country and the world. les our first Stanley Cup win! that ‘‘I’d had enough and I realized something Mr. Speaker, the Los Angeles Kings are the f had to be done.’’ kings of hockey! Let’s all celebrate their his- CONGRATULATING THE LOS ANGE- toric victory! Soon after, Hudson started the Seniors LES KINGS ON THEIR STANLEY f Intervention Group in Lake Mary. With the CUP VICTORY help of Hudson and hundreds of volunteers, PERSONAL EXPLANATION this program provides seniors with essential HON. LUCILLE ROYBAL-ALLARD assistance such as food, money, transpor- OF CALIFORNIA HON. BILL HUIZENGA tation, vehicle maintenance and help around IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN the house. From helping change doorway illu- Thursday, July 12, 2012 IN THE HOUSE OF REPRESENTATIVES minating light bulbs to fixing leaky sinks, tasks we can perform easily, no job is considered Ms. ROYBAL-ALLARD. Mr. Speaker, I rise Thursday, July 12, 2012 too small when the safety and well-being of today to celebrate an historic occasion in the Mr. HUIZENGA of Michigan. Mr. Speaker, history of Los Angeles sports teams. On June on rollcall No. 387, I was absent due to per- our seniors is concerned. 11 the Los Angeles Kings of the National sonal reasons. In early 2010, Hudson’s vision had become Hockey League won their first national cham- Had I been present, I would have voted so popular, it became a non-profit and ex- pionship. Today the Stanley Cup calls LA ‘‘aye.’’ panded to all of Seminole County and con- ‘‘home’’, and the nation joins us in calling the f tinues to this day as a crucial resource for Kings, ‘‘champions’’. hundreds of elderly seniors in Central Florida. The Kings’ championship was 45 years in OUR UNCONSCIONABLE NATIONAL the making. They began the playoffs as the DEBT Officer Hudson’s contribution is not merely number eight seed. They quickly dispatched recognized within his community, but the na- the Vancouver Canucks, the number one seed HON. MIKE COFFMAN tion as well. Earlier this month, CNN recog- nized his good work by naming him one of team, four games to one. Next they took on OF COLORADO their CNN Heroes of 2012. the Saint Louis Blues and swept this number IN THE HOUSE OF REPRESENTATIVES two seed team in four games. They then took Thursday, July 12, 2012 Mr. Speaker, in honor of Officer Zach Hud- on the third seed team the Phoenix Coyotes son’s service to his community, I have asked and earned the title of Western Conference Mr. COFFMAN of Colorado. Mr. Speaker, the Architect of the Capitol to fly an American champions for only the second time in Kings’ on January 20, 2009, the day President Flag over the U.S. Capitol Building. history. This was the first time in NHL history Obama took office, the national debt was that an eighth seed team beat the first and $10,626,877,048,913.08. Officer Hudson represents the very finest of second seed teams. But our champion Kings Today, it is $15,876,457,645,132.66. We’ve our nation’s law enforcement. I am honored went even further by also beating the third added $5,249,580,596,219.58 to our debt in and humbled that he has served the district I seed team as well. just over 3 years. This is debt our nation, our represent. I ask my colleagues to join me in The championship series against the New economy, and our children could have avoided recognizing the heroic duty of Officer Zach Jersey Devils was a thriller and the Kings with a balanced budget amendment. Hudson.

VerDate Sep 11 2014 14:49 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E12JY2.000 E12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11312 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 12, 2012 IN HONOR OF THE ERICK J. Determined to reflect the same spirit of love sure the United States is properly supplied UMSTEAD MEMORIAL FOUNDATION and compassion regularly evoked in his ser- with these minerals that are essential for the mons, Pastor Locks weaved those virtues into economy and our national security. Instead, I HON. ROBERT E. ANDREWS the fabric of Cornerstone Missionary Baptist am disappointed because my colleagues failed OF NEW JERSEY Church, where he began pastoring in 1989. to tailor the legislation to specifically meet this IN THE HOUSE OF REPRESENTATIVES Ten years later, Hurricane Floyd presented need and included an overly broad definition Thursday, July 12, 2012 Locks and CMBC congregation with the op- of ‘‘rare earth minerals.’’ This bill would have portunity to demonstrate its unwavering com- benefited from a clear definition of what the Mr. ANDREWS. Mr. Speaker, I rise today to mitment to service. When Hurricane Floyd rav- rare earth minerals are, which would have honor Sabrina Umstead Smith, and her hus- ished North Carolina’s shores—destroying been achieved by an amendment offered by band Roosevelt Smith, for their work to pro- homes and disrupting lives—CMB gathered my colleague, Representative TONKO. Instead, vide resources and financial support for the resources to feed, clothe, and provide refuge the sweeping exemptions from environmental families of chronically ill children by founding for the victims of the storm. regulations have created a partisan issue the non-profit organization, The Erick J. CMBC leadership during the storm’s recov- where none existed before. Umstead Memorial Foundation, Inc. ery efforts won the Pastor and the CMBC con- I sincerely hope that when this issue is re- In 1988, Sabrina lost her first husband in an gregation many followers, helping to position visited in the future, we are able to work in a apartment fire while expecting a child. As a re- the church as an epicenter for community bipartisan manner to strike a balance that al- sult of oxygen deprivation caused by the fire, work. Even today, community leaders recall lows us to acquire our necessary supplies in the child was born with underdeveloped lungs being cared for by the church after surviving a way that is efficient, safe for our workers, and cerebral palsy. Tragically, just three years days without food. Others starkly remember and protects the environment. later her young son succumbed to these med- the congregation’s efforts to lift the spirits of f ical disabilities. the families who felt hopeless at that time. Sabrina knows the challenges of caring for Under Pastor Lock’s leadership, Corner- PERSONAL EXPLANATION a chronically ill child. Motivated by a desire to stone secured 44 apartment units to convert make a tangible difference in the lives of into a senior living facility; built a Family Life HON. BILL HUIZENGA chronically ill children and their parents and Center; and founded numerous programs to OF MICHIGAN caregivers, she founded the Erick J. Umstead assist members of the congregation and the IN THE HOUSE OF REPRESENTATIVES Memorial Foundation. community. The foundation provides numerous services, Thursday, July 12, 2012 Mr. Speaker, I commend the extraordinary to the families of chronically ill children, stu- Mr. HUIZENGA of Michigan. Mr. Speaker, work of Pastor Sidney Locks, Jr., and ask that dents, and medical professionals. Caregivers on rollcall No. 412, I was absent due to per- my colleagues in the U.S. House of Rep- Count provides grants to financially disadvan- sonal reasons. resentatives join me in honoring his commit- taged parents and caregivers. Future Health Had I been present, I would have voted ment to God, to country, and to community. Care Leaders offers scholarships for under- ‘‘aye.’’ f graduates who intend to pursue providing care f to chronically ill pediatrics. The Assistive Tech- PERSONAL EXPLANATION IN RECOGNITION OF MR. HOWARD nology Program awards grants to hospitals R. MAIER and pediatric facilities to purchase specialized equipment and devices that facilitate the de- HON. BILL HUIZENGA velopmental progress of chronically ill children. OF MICHIGAN HON. DENNIS J. KUCINICH In addition to financial aid, the foundation also IN THE HOUSE OF REPRESENTATIVES OF OHIO provides a resource center for parents on their Thursday, July 12, 2012 IN THE HOUSE OF REPRESENTATIVES website, and distributes donated pajamas for Mr. HUIZENGA of Michigan. Mr. Speaker, Thursday, July 12, 2012 chronically ill children. on rollcall No. 388 I was absent due to per- Mr. KUCINICH. Mr. Speaker, I rise to recog- Mr. Speaker, Sabrina’s endless dedication sonal reasons. nize Mr. Howard R. Maier, who is retiring after to chronically ill children and their families Had I been present, I would have voted 23 years as Executive Director of the North- should not go unrecognized. I join all of South ‘‘aye.’’ east Ohio Areawide Coordinating Agency, bet- Jersey in thanking her for her efforts. f ter known as NOACA. He is being honored on f July 12, 2012, on his retirement at the City H.R. 4402 CELEBRATING THE SERVICE OF Club of Cleveland. PASTOR EMERITUS LOCKS As the region’s Metropolitan Planning Orga- HON. EARL BLUMENAUER nization, or MPO, NOACA serves Cuyahoga, HON. G. K. BUTTERFIELD OF OREGON Geauga, Lake, Lorain, and Medina Counties in OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES Northeast Ohio, including all of Ohio’s 10th Congressional District. NOACA prepares the IN THE HOUSE OF REPRESENTATIVES Thursday, July 12, 2012 region’s Long Range Transportation Plan and Thursday, July 12, 2012 Mr. BLUMENAUER. Mr. Speaker, today, I the Transportation Improvement Program. Mr. BUTTERFIELD. Mr. Speaker, the Rev- was disappointed that the House passed the NOACA also conducts water quality and air erend Sidney A. Locks, Jr., retired from the National Strategic and Critical Minerals Pro- quality planning. helm of Cornerstone Missionary Baptist duction Act of 2012 (H.R. 4402). Like many Mr. Maier has overseen an annual budget of Church (CMBC) in Greenville, North Carolina people, I am deeply concerned about our $6.5 million, a staff of 42, and a governing as a legendary figure in the Greenville com- country’s, and the world’s, increasing depend- board of 44 elected and appointed officials. munity. Under the directive of Pastor Emeritus ence on unstable and unreliable Chinese min- Under Howard’s leadership, NOACA has re- Locks, CMBC honed its capacity for commu- ing practices to provide the ‘‘rare earth min- ceived awards from the National Association nity outreach and effected ‘‘giving’’ as an in- erals’’ that our industries need. However, the of Regional Councils, the Association of Met- separable hallmark of CMBC’s congregation. legislation passed by the House waives almost ropolitan Planning Organizations, the Ohio De- Pastor Locks was born the son of a preach- all environmental laws for all types of hardrock partment of Transportation, and Eco-City er in Opelousas, Louisiana. Through his fa- mining, even though the mining of these mate- Cleveland, among others. ther’s ministry he was called to spread the rials can be extraordinarily dangerous and Howard Maier is a Fellow of the American word of God to others. After earning a Mas- toxic. This incredibly broad waiver hurts com- Institute of Certified Planners. After receiving ter’s in Divinity from the Interdenominational munities, public lands, and the environment, his Bachelor of Arts in Economics and his Theological Center (ITC) in Atlanta, Georgia, and supports big, mining industries at the ex- Masters in City Planning from Ohio State Uni- Pastor Locks embarked on a 30 year career in pense of the American taxpayer. versity, Howard earned his Master of Science the ministry, preaching to congregants about I had hoped that H.R. 4402 would serve as in Public Management from Case Western Re- the love and compassion of God. an expression of our commitment to make serve University in 1974.

VerDate Sep 11 2014 11:51 May 11, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR12\E12JY2.000 E12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD July 12, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 11313 He was Director of Planning and Develop- HONORING THE 70TH WEDDING AN- also stipulated that we would not pressure Tai- ment for the City of Cleveland Heights and the NIVERSARY OF MR. AND MRS. wan to enter into negotiations with the PRC. Principal Planner for the Cuyahoga County JOHN UNDERWOOD This coming July 14 marks the 30th anniver- Planning Commission before joining NOACA. sary of President Reagan issuing said Six As- He was asked by the NOACA board to step HON. STEPHEN LEE FINCHER surances in 1982. It also marks the 25th anni- up as Acting Executive Director in 1989 when OF TENNESSEE versary of the lifting of martial law in Taiwan there was a leadership crisis at the agency. IN THE HOUSE OF REPRESENTATIVES in 1987. He was then appointed as Executive Director Martial law was promulgated in Taiwan on in 1991, where he served until his recent re- Thursday, July 12, 2012 May 19, 1949 by Chiang Kai-shek’s Chinese tirement in June 2012. Mr. FINCHER. Mr. Speaker, it is my distinct Nationalist government. Its end 38 years later Howard Maier has distinguished himself with pleasure to congratulate and extend my best marked the longest imposition of martial law many awards and honors during his years with wishes to Mr. and Mrs. John Underwood of by a regime anywhere in the world. Even after NOACA, including Honorary Membership in Paris, Tennessee, on the seventieth anniver- the end of martial law, tight restrictions on the the American Institute of Architects, Mayfield sary of their wedding date. people of Taiwan’s freedom of assembly, High School Hall of Fame, Ally of the Year for This is truly an event to commemorate. Sev- speech and the press remained in place. Nev- the Northeast Ohio Alliance for Hope, Distin- enty years of marriage is a milestone that ertheless, July 14, 1987 set the stage for a guished Alumnus of Ohio State University’s speaks to the Underwood’s dedication and momentous process of democratization in Tai- College of Engineering, and NOACA’s love to one another. No doubt their relation- wan that continues to this day. ‘‘Wally,’’ the Walter F. Ehrnfelt Award for Out- ship has been through both times of joy and Over the past three decades, Taiwan has standing Regional Contribution. sorrow, and it has served as a stable influence remained a trusted ally of the United States Mr. Speaker, and distinguished colleagues, in the lives of their family. that shares with us the ideals of freedom and please join me in honoring Howard Maier as The seventieth wedding anniversary is often democracy. However, the people of Taiwan he enjoys his well-earned retirement. called the ‘‘platinum’’ anniversary. This is a fit- continue to live day after day under the omi- f ting name, because what John and Grace nous shadow cast by over 1,400 short and share with each other, and with God, is indeed medium-range ballistic missiles that the Peo- PERSONAL EXPLANATION precious. The Underwoods are proud Ameri- ple’s Republic of China (PRC) has aimed at cans and role models for us all. I am honored them. The PRC persists in claiming Taiwan as HON. PETE OLSON to salute their commitment to one another, a ‘‘renegade province,’’ refusing to renounce OF TEXAS their family, our community, and our nation. the use of force to prevent Taiwan’s formal de IN THE HOUSE OF REPRESENTATIVES May God bless them with many more happy jure independence. Thursday, July 12, 2012 years together. Mr. Speaker, I invite my colleagues to join me in commemorating this July 14 the 30th Mr. OLSON. Mr. Speaker, on rollcall No. f anniversary of the Six Assurances and the 453 on H.R. 4367, I am not recorded because ANNIVERSARY OF THE SIX ASSUR- 25th anniversary of the lifting of martial law in I was absent due to a weather delay. ANCES AND THE LIFTING OF Taiwan, to further underline our unwavering Had I been present, I would have voted MARTIAL LAW IN TAIWAN ‘‘aye.’’ commitment to the people of Taiwan and to affirm our support for the strong and deep- f HON. MICHAEL T. McCAUL ening relationship between the U.S. and Tai- RECOGNITION OF BRIGADIER GEN- OF TEXAS wan. ERAL GWEN BINGHAM (U.S. IN THE HOUSE OF REPRESENTATIVES f ARMY) Thursday, July 12, 2012 H. RES. 711, RECOMMENDING THAT HON. J. RANDY FORBES Mr. MCCAUL. Mr. Speaker, I rise today to THE HOUSE OF REPRESENTA- commemorate two important anniversaries TIVES FIND ERIC H. HOLDER, OF VIRGINIA that are coming up this July 14th in relation to JR., ATTORNEY GENERAL, U.S. IN THE HOUSE OF REPRESENTATIVES our close friend and ally: the country of Tai- DEPARTMENT OF JUSTICE, IN Thursday, July 12, 2012 wan. CONTEMPT OF CONGRESS FOR Mr. FORBES. Mr. Speaker, I would like to Since the end of World War II, the United REFUSAL TO COMPLY WITH A recognize a significant milestone being States and Taiwan have fostered a close rela- SUBPOENA DULY ISSUED BY THE reached this year by Brigadier General Gwen tionship that has been of enormous strategic COMMITTEE ON OVERSIGHT AND Bingham. Brig. Gen. Bingham has been given and economic benefit to both countries. When GOVERNMENT REFORM the assignment to be the first woman ever to the United States shifted diplomatic relations take command of the White Sands Missile from Taiwan to the People’s Republic of China HON. ELIJAH E. CUMMINGS Range in New Mexico. The White Sands Mis- in January 1979, Congress moved quickly to OF MARYLAND sile Range encompasses nearly 3,200 square pass the Taiwan Relations Act (TRA) to en- IN THE HOUSE OF REPRESENTATIVES miles and is the largest military installation in sure that the United States would continue its Thursday, July 12, 2012 the United States, used by the Army, Navy, robust engagement with Taiwan in the areas Air Force, NASA, and other government agen- of commerce, culture, and security coopera- Mr. CUMMINGS. Mr. Speaker, the Resolu- cies and private enterprises for research, de- tion. On April 10, 1979, this important and tion holding Attorney General Eric H. Holder, velopment and training. lasting piece of legislation became the ‘‘Law of Jr. in contempt of Congress and the accom- Prior to this assignment, Brig. Gen. Bing- the Land’’ and has since served as the statu- panying report approved by the Committee on ham was also the first woman to hold the po- tory basis for U.S.-Taiwan relations going for- Oversight and Government Reform have sig- sition of Quartermaster General and Com- ward. nificant flaws. Although some are simply mis- mandant of the U.S. Army Quartermaster After 33 years, the TRA still stands as a leading, others are significant legal defi- School at Fort Lee (Virginia). As Quarter- model of Congressional leadership in the his- ciencies and factual errors that may call into master General, she was responsible for over- tory of our foreign relations, and, together with the question the validity of the Resolution seeing the training of more than 20,000 mili- the 1982 ‘‘Six Assurances,’’ it remains the cor- itself. These flaws are described in detail in a tary students annually. nerstone of a very mutually beneficial relation- document available at http://go.usa.gov/vSU This milestone marks yet another impres- ship between the United States and Taiwan. and are hereby incorporated for the record sive achievement in an already distinguished These ‘‘Six Assurances’’ were designed by into these remarks. 31-year career for Brigadier General Bingham. President Reagan to further clarify U.S. policy For example, the Resolution and report It is a testament to her professionalism, char- toward Taiwan (in particular to the sale of would hold the Attorney General in contempt acter, and selfless sacrifice to her country. I arms to Taiwan,) to reiterate our commitment for not producing documents that were never am honored to recognize her continued to Taiwan’s security under the TRA and to re- demanded by the Committee’s subpoena. The achievements. affirm our position on Taiwan’s sovereignty. It Committee’s subpoena was issued on October

VerDate Sep 11 2014 14:49 Apr 28, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\TEMP\BR12\E12JY2.000 E12JY2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 11314 EXTENSIONS OF REMARKS, Vol. 158, Pt. 8 July 12, 2012 11, 2011, and it explicitly demanded docu- the subpoena’s reference to ‘‘the present’’ ac- a short 22 minutes. In our digital world, some- ments up to the date it was issued. Docu- tually would mean ‘‘the future.’’ times it is hard to believe how far we have ments created after October 11, 2011, clearly The Committee’s full subpoena is available come. But that short bond, less than a half an fall outside of the scope of the subpoena. for review at http://go.usa.gov/wuD and is hour, played a historical role in advancing Yet, the Resolution and report would hold hereby incorporated for the record into these science and telecommunications forever. the Attorney General in contempt for not pro- remarks. Former Senator Margaret Chase Smith is ducing documents created between October It should come as no surprise that the Res- synonymous with statesmanship across Maine 11, 2011, and December 2, 2011. The Resolu- olution and Committee report contain such ob- and the United States. How proud Senator tion states, ‘‘That Eric H. Holder, Jr., Attorney vious deficiencies because Republican House Smith, who played an important role in General of the United States, shall be found to leaders rushed to schedule the Floor vote only Telstar’s success, must have been when the be in contempt of Congress for failure to com- one week after the Committee voted on a first image shown across the Atlantic Ocean ply with a congressional subpoena.’’ The re- strictly party-line basis to approve them. was a live shot of the American flag being port explicitly covers documents from the date f held in Andover, Maine. the Department sent a letter to Senator HONORING THE 50TH Because of the unique partnership formed CHARLES GRASSLEY on February 4, 2011, to ANNIVERSARY OF TELSTAR between Maine and France five decades ago, the date it formally withdrew that letter on De- the world saw the potential in space and sat- cember 2, 2011. The report states that the At- HON. MICHAEL H. MICHAUD ellite communication, and in the power of torney General should be held in contempt for sharing information around the globe. not producing documents regarding ‘‘why it OF MAINE IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, please join me in recognizing took so long for the Department to withdraw this special occasion. the letter.’’ Thursday, July 12, 2012 Committee Chairman DARRELL E. ISSA reit- Mr. MICHAUD. Mr. Speaker, I rise today to f erated his demand for documents covering recognize the 50th Anniversary of the first suc- this time period before an ‘‘emergency meet- cessful transatlantic television signal between PERSONAL EXPLANATION ing’’ of the Rules Committee. When asked Andover Earth Station, Maine, and Pleumeur- about this deficiency, the interpretation he pro- Bodou Telecom Center in Brittany, France, vided of his own subpoena was incorrect. He which took place on July 12, 1962. HON. BILL HUIZENGA stated: ‘‘. . . [runs to the end of this Con- As a Co-Chair of the Congressional French OF MICHIGAN gress].’’ In contrast, the text of the subpoena Caucus, it is often my great honor to com- IN THE HOUSE OF REPRESENTATIVES itself states: ‘‘With the exception of paragraphs memorate special moments in history that rec- Thursday, July 12, 2012 4 and 5, the time period covered by this sub- ognize the historical relationship of the United poena is from August 1, 2009 to the present, States and France. It is a particular honor to Mr. HUIZENGA of Michigan. Mr. Speaker, unless otherwise specified.’’ Since the sub- recognize an event that my home State of on rollcall No. 413, I was absent due to per- poena was issued on October 11, 2011, it Maine played a key part of. sonal reasons. clearly covered documents only until October Five decades ago, Andover, Maine, and Had I been present, I would have voted 11, 2011. Under the Chairman’s interpretation, Pleumeur-Bodou, France, were connected for ‘‘aye.’’

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